Chapter 17.71
Permit Review and Decisions
Sections:
17.71.040 Coastal Development Permit Exemptions
17.71.045 Coastal Development Permit
17.71.060 Use Permit and Minor Use Permit
17.71.070 Variance and Administrative Variance
17.71.090 Planned Development Permit
17.71.010 - Purpose of Chapter
A. Permit review procedures. This Chapter provides procedures for the final review, and approval or disapproval of the planning permit applications established by this Development Code in addition to the general requirements for the preparation, filing, and initial processing of planning permits required by Chapter 17.70.
B. Subdivision review procedures. Procedures and standards for the review and approval of subdivision maps are found in Article 8 (Subdivision Regulations and Procedures).
C. Application filing and initial processing. Where applicable, the procedures of this Chapter are carried out after those described in Chapter 17.70 (Permit Application Filing and Processing), for each application.
17.71.020 - Zoning Clearance
A. Purpose. Zoning Clearance is the procedure used by the City to verify that a proposed land use or structure complies with the list of activities allowed in the applicable zoning district, and the development standards applicable to the use.
B. Applicability. Where Article 2 (Zoning Districts and Allowable Land Uses) or other provision of this Development Code requires a Zoning Clearance as a prerequisite to establishing a land use, the Zoning Clearance shall be required at the time of Department review of any building, grading, or other construction permit, or other authorization required by this Development Code for the proposed use.
C. Review and approval. The Director shall issue the Zoning Clearance after first determining that the request complies with all Development Code provisions applicable to the proposed use. An approval may be in the form of a stamp, signature, or other official notation on approved plans, a letter to the applicant, or other certification, at the discretion of the Director.
17.71.030 - Limited Term Permit
A. Purpose. This Section establishes procedures and standards for the granting of Limited Term Permits for short-term activities. Compliance with applicable standards ensures that the establishment, maintenance or operation of the short-term activity would not be detrimental to the public health, safety, and welfare of person residing or working in the neighborhood of the proposed activity. Development authorized under a Limited Term Permit will also require a Coastal Development Permit consistent with the provisions of Section 17.71.045 unless it qualifies as a Temporary Event excluded from coastal development permit requirements consistent with Section 17.71.040(B)(8).
B. Minor short-term activities. A Limited Term Permit allows short-term activities that might not meet the normal development or use standards of the applicable zoning district, but may otherwise be acceptable because of their temporary nature.
C. Limited Term Permit required. Short-term activities shall not be established, operated, or conducted in any manner without the approval and maintenance of a valid Limited Term Permit.
D. Review authority. Limited Term Permits may be reviewed and approved or disapproved administratively by the Director, in compliance with this Section.
E. Exempt short-term activities. The following short-term activities are allowed without the necessity of obtaining a Limited Term Permit. Short-term activities that do not fall within the following categories shall comply with Subsection F. (Allowed short-term activities).
1. Construction yards - On-site. On-site contractors’ construction yards, for an approved construction project. The construction yard shall be removed immediately upon completion of the construction project, or the expiration of the Building Permit authorizing the construction project, whichever first occurs.
2. Emergency facilities. Emergency public health and safety needs/land use activities, as determined by the City Manager.
3. Events on sites approved for public assembly. An event on the site of, or within, a golf course, religious facility, school, theater, meeting hall, or other similar facility designed, and approved by the City for public assembly.
4. Fund-raising car washes.
a. Car washes on property within a commercial, industrial, or institutional zoning district, limited to a maximum of two days per month for each sponsoring organization.
b. Sponsorship shall be limited to educational, fraternal, religious, or service organizations directly engaged in civic or charitable efforts, or to tax exempt organizations in compliance with 501(c) of the Federal Revenue and Taxation Code.
5. Garage sales. Garage sales, not to exceed three per year, and two consecutive days.
6. Public property, or public right-of-way. Construction and maintenance activities conducted on public property that are authorized by an encroachment permit.
7. Sidewalk sales. Sidewalk sales conducted in the Downtown.
F. Allowed short-term activities. A Limited Term Permit may authorize the following short-term activities within the specified time limits, but in no event for more than 12 months. Other short-term activities that do not fall within the categories defined below shall instead comply with the planning permit requirements and development standards that otherwise apply to the property.
1. Construction yards - Off-site. Off-site contractors’ construction yards, for an approved construction project. The construction yard shall be removed immediately upon completion of the construction project, or the expiration of the Building Permit authorizing the construction project, whichever first occurs.
2. Events.
a. Art and craft exhibits, carnivals, circuses, concerts, fairs, farmer’s markets, festivals, flea markets, food events, open air or drive in theaters, outdoor entertainment/sporting events, religious revivals, rummage sales, second hand sales, swap meets, and other special events for up to five consecutive days, or four two-day weekends, within a 12-month period, allowed only on non-residentially zoned properties. These activities shall be referred to the Technical Advisory Committee (TAC) for a recommendation prior to action on the Limited Term Permit.
3. Location filming. The temporary use of a specific site for the location filming of commercials, movies, videos, etc., for the time specified by the Director, but not to exceed 12 months. This activity shall be referred to the Technical Advisory Committee (TAC) for a recommendation prior to action on the Limited Term Permit.
4. Model homes. A model home or model home complex may be authorized before the completion of subdivision improvements in compliance with the following standards.
a. The sales office and any off-street parking shall be converted back to residential use and/or removed before the issuance of the Final Occupancy Permit or within 14 days from the sale of the last parcel in the subdivision, whichever first occurs.
b. The model home complex shall be used to sell only units within the subdivision within which the complex is located.
c. Model home permits will be finaled and the model homes will be allowed to be open to the public only after all subdivision improvements are completed and accepted by the City.
d. Model home sign permits will be issued only after all subdivision improvements are completed and accepted by the City.
e. The Model home shall not be located within 100 feet of an environmentally sensitive habitat area.
f. The review authority may require other conditions of approval deemed necessary to protect coastal resources, and the public health, safety, and general welfare of persons residing or working in the neighborhood.
5. Seasonal sales lots. Seasonal sales activities (e.g., Halloween, Thanksgiving, Christmas, etc.) including temporary residence/security trailers, on nonresidential zoned properties, for up to 30 days. These activities shall be referred to the Technical Advisory Committee (TAC) for a recommendation prior to action on the Limited Term Permit.
6. Temporary occupancy during construction.
a. Major development projects. Temporary structures and property may be used during the construction phase of an approved major development project (e.g., residential projects with five or more dwelling units or any commercial or industrial project). The structures or property may be used as offices or for the storage of equipment and/or tools; provided, the temporary structures are located within the City.
b. Minor development projects. An existing dwelling unit or a temporary structure and property may be used during the construction phase of an approved minor development project (e.g., residential projects with four or fewer dwelling units). The structure or property may be used as a temporary residence, an office, or for the storage of equipment and/or tools.
c. Appropriate conditions. The permit shall contain reasonable and necessary conditions regarding the following matters:
i) Provisions for adequate ingress and egress.
ii) Provisions for the work to be performed on-site.
iii) Provisions for the storage of asphalt, concrete, and dirt at designated sites within the subject property; provided, the applicant furnishes a schedule, acceptable to the Director, for the periodic disposal or recycling of these materials.
iv) Provisions designed to minimize potential conflicts between the work to be performed on-site and the ordinary business and uses conducted within the City.
d. Length of permit. The permit may be approved for up to 12 months following the issuance of the companion Building Permit, or upon completion of the subject development project, whichever first occurs.
e. Extension of permit. The permit may be extended by the Director if a written request for extension is submitted at least 14 days before expiration of the permit and reasonable reasons are provided by the applicant to justify the requested extension (e.g., the delay was caused by reasons beyond the control of the applicant). The permit may be extended for up to an additional 12 months.
f. Condition of site following completion. All temporary structures and related improvements shall be completely removed from the subject site following expiration of the Limited Term Permit or within 30 days of completion of the development project, whichever first occurs.
7. Temporary real estate sales offices. A temporary real estate sales office may be established within the area of an approved subdivision, solely for the first sale of homes. An application for a temporary real estate office may be approved for a maximum of 12 months from the date of approval.
8. Temporary structures. A temporary classroom, office, or similar structure, including a manufactured or mobile unit, may be approved for a maximum of 12 months from the date of approval, as an accessory use or as the first phase of a development project.
9. Temporary work trailers. A trailer or mobile home used as a temporary work site for employees of a business, provided that:
a. The use is authorized by a Building Permit for the trailer or mobile home, and the Building Permit for the permanent structure;
b. The use is appropriate because:
i) The trailer or mobile home will be in place during construction or remodeling of a permanent commercial or manufacturing structure for a maximum of 12 months, or upon expiration of the Building Permit for the permanent structure, whichever first occurs; or
ii) The applicant has demonstrated that the temporary work site is a short-term necessity for a maximum of 12 months, while a permanent work site is being obtained; and
c. The trailer or mobile home is removed before final building inspection or the issuance of a Certificate of Occupancy for the permanent structure.
10. Similar temporary activities. A temporary activity that the Director determines is similar to the other activities listed in this Subsection, and compatible with the applicable zoning district and surrounding land uses.
G. Development standards. The Director shall establish the following standards based on the type of short-term activity, using the requirements of the applicable zoning district, and Articles 3 and 4 for guidance:
1. Access, floor areas, heights, landscaping, off-street parking, setbacks, signs, utilities, and other structure and property development improvements and features;
2. Measures for removal of the activity and site restoration, to ensure that no changes to the site would limit the range of possible future land uses otherwise allowed by this Development Code; and
3. Limitation on the duration of an approved “temporary structure,” to a maximum of 12 months, so that it shall not become a permanent or long-term structure.
H. Application filing and processing. An application for a Limited Term Permit shall be filed and processed in compliance with Chapter 17.70 (Permit Application Filing and Processing). The application shall be accompanied by detailed and fully dimensioned plans, architectural drawings and sketches, and data/materials identified in the Department handout for Limited Term Permits, and any applicable fees.
I. Project review, notice, and hearing.
1. Director’s review. Each application shall be reviewed by the Director to ensure that the proposal complies with all applicable requirements of this Development Code.
2. No public notice or hearing required. No public notice or hearing is required before the Director’s decision on a Limited Term Permit.
J. Findings and decision. A Limited Term Permit shall be approved by the Director only after the Director first finds that the requested short-term activity complies with applicable standards in this Section.
K. Post approval procedures. The procedures and requirements in Chapter 17.76 (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Article 9 (Coastal Land Use and Development Code Administration), shall apply following a decision on a Limited Term Permit application.
1. Condition of the site following short-term activity. Each site occupied by a short-term activity shall be cleaned of debris, litter, or other evidence of the temporary activity on completion or removal of the activity, and shall thereafter be used in compliance with the provisions of this Development Code. Performance security may be required before initiation of the activity to ensure cleanup after the activity is finished.
2. Performance security for temporary structures. Before issuance of a Limited Term Permit the applicant shall provide performance security in a form and amount acceptable to the Director to guarantee removal of all temporary structures within 30 days following the expiration of the Limited Term Permit.
17.71.040 - Coastal Development Permit Exemptions
A. Purpose. The purpose and intent of this Chapter is to establish types of development within the coastal zone of the City of Fort Bragg that do not require a coastal development permit to ensure consistency with the provisions of the City of Fort Bragg Local Coastal Program, the California Coastal Act, and the California Code of Regulations Title 14 Division 5.5.
B. Exempt projects. The following projects shall not require a Coastal Development Permit.
1. Improvements to existing single-family residences.
a. Improvements to existing single-family residences except as noted below in (B). 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 but specifically not including guest houses or accessory self-contained residential units.
b. The exemption in (a) above shall not apply to the following classes of development which require a coastal development permit because they involve a risk of adverse environmental impact:
i) Improvements to a single-family 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, or within 50 feet of the edge of a coastal bluff;
ii) Any significant alteration of land forms 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;
iii) The expansion or construction of water wells or septic systems;
iv) On property not included in subsection (B)(1) above that is located between the sea and the first public road paralleling the sea or within 300 feet of the inland extent of any beach or of the mean high tide of the sea where there is no beach, whichever is the greater distance, or in significant scenic resources areas as designated by the City or Coastal Commission, improvement that would result in an increase of 10 percent or more of internal floor area of an existing structure or an additional improvement of 10 percent or less where an improvement to the structure had previously been undertaken pursuant to this section or Public Resources Code section 30610(a), increase in height by more than 10 percent of an existing structure and/or any significant non-attached structure such as garages, fences, shoreline protective works or docks.
v) In areas which the City or Coastal Commission has previously declared by resolution after public hearing to have a critically short water supply that must be maintained for the protection of coastal resources or public recreational use, the construction of any specified major water using development not essential to residential use including but not limited to swimming pools, or the construction or extension of any landscaping irrigation system.
vi) Any improvement to a single-family residence 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 development permit.
2. Repair and Maintenance Activities.
a. 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.
b. The exemption in Section 2(a) 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:
i) 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.
ii) Any method of routine maintenance dredging that involves:
a) The dredging of 100,000 cubic yards or more within a twelve (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.
iii) 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 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.
c) All repair and maintenance activities governed by Section 17.71.040(B)(2) shall be subject to the LCP permit regulations, including but not limited to the regulations governing administrative and emergency permits. The provisions of Section 17.71.040(B)(2) 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.
d) Unless destroyed by natural disaster, the replacement of 50 percent or more of a single-family residence, (as measured by 50% 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.
3. Other Improvements.
a. Improvements to any structure other than a single-family residence or a public works facility except as noted below in Section (b). For purposes of this section, where there is an existing structure, other than a single-family residence or public works facility, the following shall be considered a part of that structure:
i) All fixtures and other structures directly attached to the structure.
ii) Landscaping on the lot.
b. The exemption in Section (3)(A) above shall not apply to the following classes of development which require a coastal development permit because they involve a risk of adverse environmental effect, adversely affect public access, or involve a change in use contrary to the policies of the LCP.
i) Improvement to any structure if the structure or the improvement is located: on a beach; in a wetland, stream, or lake; seaward of the mean high tide line; or within 50 feet of the edge of a coastal bluff;
ii) Any significant alteration of land forms including removal or placement of vegetation, on a beach or sand dune; in a wetland or stream; within 100 feet of the edge of a coastal bluff, or in an environmentally sensitive habitat area;
iii) The expansion or construction of water wells or septic systems;
iv) On property not included in subsection (B)(1) above that is located between the sea and the first public road paralleling the sea or within 300 feet of the inland extent of any beach or of the mean high tide of the sea where there is no beach, whichever is the greater distance, or in significant scenic resource areas as designated by the LUP, an improvement that would result in an increase of 10 percent or more of internal floor area of the existing structure, or constitute an additional improvement of 10 percent or less where an improvement to the structure has previously been undertaken pursuant to Section (A) above or Public Resources Code section 30610(b), and/or increase in height by more than 10 percent of an existing structure;
v) In areas which the City or the Coastal Commission has previously declared by resolution after public hearing to have a critically short water supply that must be maintained for protection of coastal recreation or public recreational use, the construction of any specified major water using development including but not limited to swimming pools or the construction or extension of any landscaping irrigation system;
vi) Any improvement to a structure where the coastal development permit issued for the original structure by the City or the Coastal Commission indicated that any future improvements would require a development permit;
vii) Any improvement to a structure which changes the intensity of use of the structure;
viii) Any improvement made pursuant to a conversion of an existing structure from a multiple unit rental use or visitor-serving commercial use to a use involving a fee ownership or long-term leasehold including but not limited to a condominium conversion, stock cooperative conversion or motel/hotel timesharing conversion.
4. Categorically Excluded Development.
Projects pursuant to a Categorical Exclusion Order as certified by the California Coastal Commission pursuant to Public Resources Code 30610(e).
5. 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.
6. 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:
a. It is for the same use as the destroyed structure;
b. It does not exceed either the floor area, height, or bulk of the destroyed structure by more than 10 percent, and
c. 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.
7. 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.
8. Temporary Events Criteria for Exclusion from Permit Requirements.
Except as provided in Section B. below, the Director shall exclude from coastal development permit requirements all temporary events except those which meet all of the following criteria:
a. Are held between Memorial Day weekend and Labor Day; and,
b. Occupy all or a portion of a sandy beach area; and,
c. Involve a charge for general public admission or seating where no fee is currently charged for use of the same area (not including booth or entry fees).
Only temporary events meeting all of the above criteria shall require coastal development permit review, however, the Director may also exclude from permit requirements temporary events meeting all of the above criteria when:
a. The fee is for preferred seating only and more than 75% of the provided seating capacity is available free of charge for general public use; or
b. The event is held on sandy beach area in a remote location with minimal demand for public use, and there is no potential for adverse effect on sensitive coastal resources; or
c. The event is less than one day in duration; or
d. The event has previously received a coastal development permit and will be held in the same location, at a similar season, and for the same duration, with operating and environmental conditions substantially the same as those associated with the previously-approved event, or
e. Director Discretion to Require a Permit.
The Director may determine that a temporary event shall be subject to coastal development permit review, even if the criteria in Section A are not met, if the Director determines that unique or changing circumstances exist relative to a particular temporary event that have the potential for significant adverse impacts on coastal resources. Such circumstances may include the following:
a. The event, either individually or together with other temporary events scheduled before or after the particular event, precludes the general public from use of a public recreational area for a significant period of time;
b. The event and its associated activities or access requirements will either directly or indirectly impact environmentally sensitive habitat areas, rare or endangered species, significant scenic resources, or other coastal resources as defined in Article 10 of this Development Code;
c. The event is scheduled between Memorial Day weekend and Labor Day and would restrict public use of roadways or parking areas or otherwise significantly impact public use or access to coastal waters;
d. The event has historically required a coastal development permit to address and monitor associated impacts to coastal resources.
9. Record of Permit Exemptions.
The Director shall maintain a record of all those developments within the Coastal Zone that have been authorized as being exempt from the requirement for a Coastal Development Permit pursuant to this Chapter. This record shall be available for review by members of the public and mailed to the North Coast District office of the California Coastal Commission. The Record of Exemption shall include the name of the applicant, the location of the project, and a brief description of the project.
17.71.045 - Coastal Development Permit
A. Purpose. The purpose and intent of this Chapter is to establish the process for the review of all development that requires a coastal development permit within the coastal zone of the City of Fort Bragg to ensure that it will be consistent with the provisions of the City of Fort Bragg Local Coastal Program, the California Coastal Act and the California Code of Regulations Title 14 Division 5.5.
B. Applicability - Coastal Development Permit required.
1. Except as otherwise provided in Chapter 17.71.040 (Coastal Development Permit Exemptions), any person wishing to perform or undertake any development in the coastal zone shall obtain a coastal development permit in accordance with the provisions of this Chapter. Development means:
On land, in or under water, the placement or erection of any solid material or structure; discharge or disposal of any dredged material or of any gaseous, liquid, solid, or thermal waste; grading, removing, dredging, mining, or extraction of any materials; change in the density or intensity of use of land, including, but not limited to, subdivision pursuant to the subdivision map act (commencing with Government Code Section 66410), and any other division of land except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition, or alteration of the size of any structure, including any facility of any private, public, or municipal utility; and the removal or harvesting of major vegetation other than for agricultural purposes, kelp harvesting, and timber operations in accordance with a timber harvesting plan submitted pursuant to the provisions of the Z’berg Nejedly Forest Practice Act of 1973 (commencing with Public Resources Code Section 4511).
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.
2. A person undertaking development included in a Public Works Plan or Long Range Development Plan approved by the Coastal Commission is not required to obtain a coastal development permit from the City. Other City permits may be required.
3. All development proposed or undertaken on tidelands, submerged lands, or on public trust lands, whether filled or unfilled, or within any state university or college within the coastal zone 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.
4. Where a proposed project straddles the boundaries of the City of Fort Bragg 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. Notwithstanding this requirement, if a project requires a CDP from both the Commission and the City, the Commission may process a consolidated permit application if the Commission, the City, and the applicant agree to consolidate the permit applications and if public participation will not be substantially impaired by that review consolidation. Pursuant to Coastal Act Section 30601.3, the standard of review for the consolidated application will be the Chapter 3 policies of the Coastal Act rather than the certified LCP.
5. Development that occurred after the effective date of the Coastal Act or its predecessor, the Coastal Zone Conservation Act, if applicable, that was not authorized in a coastal development permit or otherwise authorized under the Coastal Act, is not lawfully established or lawfully authorized development. No improvements, repair, modification or additions to such existing development may be approved, unless the City also approves a coastal development permit that authorizes the existing development. The coastal development permit shall only be approved if the existing and proposed development, with any applicable conditions of approval, is consistent with the policies and standards of the LCP and if applicable, the access policies of the Coastal Act.
C. Coastal Development Permit filing and initial processing. An application for a Coastal Development Permit shall be filed and processed in compliance with Chapter 17.70 (Permit Application Filing and Processing) and Section 17.71.045. The application shall be accompanied by the information and materials specified in the Department handout for Coastal Development Permits and as specified in Section (D)(3). It is the responsibility of the applicant to provide evidence in support of the findings required by Section 17.71.045(G)(2), below. The application shall be filed before or concurrent with an application for any other permit required by this Development Code, and/or applications for other required City permits.
1. Determination of permit category. The Director shall determine if the proposed project requires a Coastal Development Permit and, if so, determine whether the project is appealable to the Coastal Commission, and determine the applicable review procedures as established herein. This determination may be appealed in compliance with Subparagraph 2. (Appeal of permit category determination), below.
2. Appeal of permit category determination. Where an applicant or interested person, including the City and the Coastal Commission staff have a question as to whether a development is exempted, excluded, non-appealable, or appealable, the following procedures shall establish whether a development is exempted, excluded, non-appealable or appealable:
a. The Director or his or her designee shall make its determination as to what type of development is being proposed (i.e. appealable, non-appealable) and shall inform the applicant of the notice and hearing requirements for that particular development.
b. If the determination of the Director is challenged by the applicant or an interested person, or if the City wishes to have a Coastal Commission determination as to the appropriate designation, the Director shall notify the District Director of the North Coast District Office of the Coastal Commission by telephone or in writing of the dispute/question and shall request the Executive Director’s determination as to whether the development is categorically excluded, non-appealable or appealable.
c. The Executive Director of the Coastal Commission shall, within two (2) working days of the local government request (or upon completion of a site inspection where such inspection is warranted), transmit his or her determination as to whether the development is categorically excluded, non-appealable or appealable.
d. Where, after the Executive Director’s investigation, the Executive Director’s determination is not in accordance with the City Director’s determination, the Coastal Commission shall hold a hearing for purposes of determining the appropriate designation for the area. The Commission shall schedule the hearing on the determination for the next Commission meeting (in the appropriate geographic region of the state) following the Executive Director’s determination.
D. Application Filing Requirements. A coastal development permit application shall require submittal of at least the following items:
1. For development on a vacant lot(s), a complete title history, including evidence that the lot proposed for development is a legally created lot, and information on the date and method by which the lot was created. Where the City determines that the lot(s) was created after the effective date of the Coastal Act, or was created prior to the effective date of the Coastal Act but without complying with applicable state or local requirements, either evidence of a valid coastal development permit authorizing the subdivision or other form of lot creation must be submitted prior to filing of any application for proposed development on the lot, or the subdivision or other form of lot creation must be included as part of the application request in order to be deemed filed. In addition, a listing of any prior coastal development permits issued for the property shall be provided.
2. A project description including maps, plans, photographs, etc., of the proposed development, project site and vicinity sufficient to determine whether the project complies with all relevant policies of the Fort Bragg LCP, including sufficient information concerning land and water areas in the vicinity of the site of the proposed project, (whether or not owned or controlled by the applicant) so that the City will be adequately informed as to present uses and plans, both public and private.
3. A site plan, to scale, showing:
a. Existing and proposed property lines on the site, including all dedications, easements or recorded offers to dedicate easements, deed restrictions over or adjacent to the site and documentation for such recorded instruments.
b. Existing and proposed topography, at a contour interval appropriate to the size of the site to be developed;
c. All existing and proposed structures and their uses and distances to lot lines, driveways and approaches, roads, parking and loading areas, utilities lines (power, telephone, sewer, water), signs, fences and other improvements. If applicable, indicate an addition to an existing structure with dotted lines;
d. Major natural and man-made landscape features, including location, type, size and quantification of acreage of any trees or other natural vegetation to be planted or to be removed or made subject to thinning, irrigation or other modification by the proposed project including building pad and road/driveway areas. Identify the size and species of all trees. Label each tree to be removed with an “X” through it.
e. Potential phasing of the project should be indicated.
4. An inventory of the plant and animal species present on the project site, or those known or expected to be present on the project site at other times of the year, prepared by a qualified biologist, or resource expert. The inventory shall include an identification of any species present that have been designated as rare, threatened, or endangered species under State or Federal law. Where the initial site inventory indicates the presence or potential for sensitive species or environmentally sensitive habitat on the project site, the submittal of a detailed biological report of the site is required, consistent with the requirements of Section 17.50.050 of this Development Code.
5. Building elevations, showing:
a. All exterior walls; and
b. Type of roof and other exterior materials; and
c. Location and design of roof equipment, trash enclosures, fences, exterior lights, signs and other exterior structures and equipment.
6. Drainage and Erosion Control Plans as required by Chapter 17.62 of this Development Code.
7. Evidence that adequate service capacity exists to serve the development. Applications for a coastal development permit for (i) land divisions, including lot line adjustments, mergers and issuance of conditional certificates of compliance, (ii) multi-family dwellings allowed by use permit in residential and commercial districts, (iii) mobile home parks allowed by use permit in residential districts, (iv.) residential care facilities allowed by use permit in residential, commercial, and public facilities districts, (v) organizational houses (sorority, monastery, etc.) allowed by use permit in residential districts:
a. Evidence that adequate services exist to serve the proposed development consistent with the requirements of Coastal General Plan Public Facilities Element Policy PF-A taking into account past, present, and probable residential development allowed in residential districts without a use permit,
b. Evidence that adequate service capacity would be retained to accommodate past, present, and probable coastal dependent industrial (including commercial fishing facilities), visitor serving, and recreational priority uses in commercial, industrial, parks and recreation, and public facilities districts or land use classifications.
8. Archaeology Analysis. For applications for development located in areas identified by the City or State as archaeologically sensitive, a site survey performed by a qualified archaeologist consistent with the requirements of Section 17.50.030 of this Development Code, including alternatives that would avoid or minimize impacts to resources and recommended measures to mitigate impacts to resources.
9. Visual Analysis. For applications for development located in areas designated “Potential Scenic Views Toward the Ocean or the Noyo River” on Map CD-1 of the Coastal General Plan (except development listed in subsection (B) of Policy CD-1.3 of the Coastal General Plan), a visual analysis as required by Chapter 17.50.070 of this Development Code.
10. Geotechnical Report. For applications for development located in hazardous areas, a geotechnical report as required by Chapter 17.54 of this Development Code.
11. Feasibility Analysis. The description of the development shall also include any feasible alternatives or any feasible mitigation measures available which would substantially lessen any significant adverse impact which the development may have on coastal resources. For purposes of this section the term “coastal resources” shall be defined as including, but not limited to, public access opportunities, visitor and recreational facilities, water-oriented activities, marine resources, biological resources, environmentally sensitive habitat areas, agricultural lands, and archaeological or paleontological resources.
12. Any other applicable materials required by this Development Code for concurrent entitlements;
13. Any other preliminary approvals required by local, state and federal agencies;
14. Any additional information, required for specific categories of development or for development proposed for specific geographic areas where otherwise required by specific LCP policies or regulations, including but not limited to site specific filing requirements specified in: the Public Access Ordinance (Chapter 17.56), the Environmentally Sensitive Habitat Area Ordinance (Section 17.50.050), the Scenic and Visual Resource Protection Ordinance (Section 17.50.070), the Subdivision Ordinance (Article 8), the Hazards/Shoreline and Bluff Development Ordinance (Chapter 17.54), the Archaeological Resources Ordinance (Section 17.50.030), or the Water Quality Protection Ordinance (Article 6) of this Development Code.
E. Jurisdiction of Coastal Development Permits.
1. 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 illustrated on the Local Coastal Program Post-Certification Permit and Jurisdiction Map as amended.
2. The Commission retains authority over coastal development permits issued by the Commission including condition compliance. Where either new development, or a modification to existing development, is proposed on a site where development was authorized in a Commission-issued coastal development permit either prior to certification of the LCP or through a de novo action on an appeal of a City-approved coastal development permit and the permit has not expired or been forfeited, the applicant shall apply to the City for the coastal development permit except for:
a. Requests for extension, reconsideration and revocation of the Commission-issued permits;
b. Development that would lessen or negate the purpose of any specific permit condition, any mitigation required by recorded documents, any recorded offer to dedicate or grant of easement or any restriction/limitation or other mitigation incorporated through the project description by the permittee, of a Commission issued coastal permit.
In any of these circumstances, the applicant must seek to file an application with the Coastal Commission for an amendment to the Commission-issued coastal development permit and authorization for the proposed new development or modification to existing development. The Coastal Commission will determine whether the application for amendment shall be accepted for filing pursuant to the provisions of Title 14 California Code of Regulations, Section 13166.
F. Proof of Ownership or Owner’s Consent.
1. In addition to other information required to be submitted with an application, applicants must prove that they own the property which is the subject of the application or provide the City with written consent from the owner for the proposed development for the City to file the application.
2. Applicants for development along shoreline property or fronting a beach shall submit written evidence of a review and determination from the California State Lands Commission relative to the project’s location to or impact upon the boundary between public tidelands and private property.
3. 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 as a co-applicant. All holders or owners of any other interest of record in the affected property shall be notified in writing of the permit application and invited to join as co-applicant.
4. Prior to the issuance of a Coastal Development Permit, the applicant shall demonstrate the authority to comply with all conditions of approval.
G. Public hearing. At least one public hearing shall be held by the Commission on each application for appealable development as defined in Article 10 (Glossary & Index) of this Development Code.
1. Such hearing shall occur no earlier than seven (7) calendar days following the mailing of the notice required in Section (F). The public hearing may be conducted in accordance with existing City procedures or in any other manner reasonably calculated to give interested persons an opportunity to appear and present their viewpoints, either orally or in writing.
2. If a decision on a coastal development permit is continued by the City to a time which is neither (a) previously stated in the notice provided pursuant to Section (F), nor (b) announced at the hearing as being continued to a time certain, the local government shall provide notice of the further hearings (or action on the proposed development) in the same manner, and within the same time limits as established in Section (F).
3. Any person may submit written comments to the Director on an application for a Coastal Development Permit, or on an appeal of a Coastal Development Permit, at any time prior to the close of the public hearing. If no public hearing is required, written comments may be submitted prior to the decision date specified in the public notice. Written comments shall be submitted to the Director who shall forward them to the appropriate person, Commission, or the Council and to the applicant.
H. Public Notice.
1. Notice of Appealable Developments.
a. Within ten (10) calendar days of accepting an application for an appealable coastal development permit or at least seven (7) calendar days prior to the first public hearing on the development proposal, the City shall provide notice by first class mail of pending application for appealable development. This notice shall be provided to:
i) Each applicant;
ii) All persons who have requested to be on the mailing list for that development project or for coastal decisions within the local jurisdiction;
iii) All property owners and residents within 100 feet of the perimeter of the parcel on which the development is proposed;
iv) Local, regional and state agencies known to be interested in the project;
v) The North Coast District of the Coastal Commission.
b. The notice shall contain the following information:
i) A statement that the development is within the coastal zone;
ii) The date of filing of the application and the name of the applicant;
iii) The number assigned to the application;
iv) A description of the development and its proposed location;
v) The date, time and place at which the application will be heard by the city approving authority;
vi) A brief description of the general procedure concerning the conduct of hearing and local actions;
vii) The procedures for filing local and Coastal Commission appeals, including any local fees required.
2. Notice of Non-Appealable Developments.
a. 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:
Within ten (10) calendar days prior to the City’s hearing on the application, notice shall be provided as follows:
i) If the matter is heard by the Planning Commission, notice shall be published in a newspaper of general circulation;
ii) 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;
iii) Notice by first class mail to all property owners within 300 feet;
iv) Notice by first class mail to residents within 100 feet of the proposed project;
v) Notice by first class mail to local, regional and state agencies known to be interested in the project;
vi) Notice by first class mail to the North Coast District of the Coastal Commission.
b. Notice of an application for a coastal development permit that is not appealable and that does not require a public hearing under local ordinance shall be provided as follows:
Within ten (10) calendar days of accepting an application for a non-appealable coastal development permit or at least seven (7) calendar days prior to the City’s decision on the application, notice shall be provided as follows:
i) 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;
ii) Notice by first class mail to all property owners and residents within 100 feet of the perimeter of the parcel on which the development is proposed;
iii) Notice by first class mail to local, regional and state agencies known to be interested in the project;
iv) Notice by first class mail to the North Coast District of the Coastal Commission.
c. The Notice required by both Section 17.71.045(F)(2)(a) and 17.71.045(F)(2)(b) shall contain the following information:
i) A statement that the development is within the coastal zone;
ii) The date of filing of the application and the name of the applicant;
iii) The number assigned to the application;
iv) A description of development and its proposed location;
v) The date the application will be acted upon by the City’s governing body or decision-maker;
vi) The general procedure of the City concerning the submission of public comments either in writing or orally prior to the City’s decision;
vii) A statement that a public comment period of sufficient time to allow for the submission of comments by mail will be held prior to the City’s decision.
I. Decision on Coastal Development Permits.
1. Review authority. A non-hearing Coastal Development Permit application shall be approved or denied by the Director. A Coastal Development Permit application that is required by this Section to have a public hearing shall be approved or denied by the Planning Commission.
2. Findings. All decisions on Coastal Development Permits shall be accompanied by written findings. The findings shall explain the basis for the conclusions and decisions of the City and shall be supported by substantial evidence in the record. Findings for approval or conditional approval shall conclude that the project as proposed, or as conditioned, conforms to the certified Local Coastal Program. If special conditions of approval are required in order to bring the project into conformance with the certified LCP, the findings shall explain how the special condition(s) avoid or mitigate the adverse effects which have been identified. The approval of any Coastal Development Permit shall be supported by the following findings:
a. The proposed development as described in the application and accompanying materials, as modified by any conditions of approval, is in conformity with the City of Fort Bragg’s certified Local Coastal Program and will not adversely affect coastal resources;
b. If the project is located between the first public road and the sea, that the project is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act of 1976 (commencing with Sections 30200 of the Public Resources Code);
c. Feasible mitigation measures and/or alternatives have been incorporated to substantially lessen any significant adverse effects of the development on the environment;
d. The proposed use is consistent with the purposes of the zone in which the site is located;
e. The proposed development is in conformance with the City of Fort Bragg’s Coastal General Plan;
f. The proposed location of the use and conditions under which it may be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity; and
g. Services, including but not limited to, water supply, sewage disposal, solid waste, and public roadway capacity have been considered and are adequate to serve the proposed development;
h. Supplemental findings for projects involving geologic, flood, and fire hazards:
i) The project, as proposed, will neither be subject to nor increase instability of the site or structural integrity from geologic, flood, or fire hazards due to project design, location on the site or other reasons; and
ii) The project, as conditioned, will not have significant adverse impacts on site stability or structural integrity from geologic, flood, or fire hazards due to required project modifications, landscaping or other conditions; and
iii) There are no alternatives to development that would avoid or substantially lessen impacts on site stability or structural integrity.
i. Supplemental findings for projects located within Environmentally Sensitive Habitat Areas:
i) The resource as identified will not be significantly degraded by the proposed development; and
ii) There is no feasible less environmentally damaging alternative; and
iii) All feasible mitigation measures capable of reducing or eliminating project related impacts have been adopted.
j. Supplemental findings for projects located between the first public road and the sea required by Section 17.56.070 of this Development Code.
3. Conditions of approval. In approving a Coastal Development Permit, the review authority may impose any reasonable conditions to ensure that the approval will comply with the findings required by 17.71.045(H)(2), above. When modifications and resubmittal of plans, additional plans, or recorded documents are required, issuance of the permit shall be deferred for a sufficient period of time to allow the Director to determine if the modified project, the additional plans, or the recorded documents comply with the conditions of approval of the permit. The violation of any required condition shall constitute a violation of this Section and may constitute grounds for revocation of the permit.
4. Withdrawal. An applicant may withdraw a Coastal Development Permit application before a final decision by the review authority. The withdrawal shall not prejudice or preclude a later application in compliance with Section 17.76.090 (Resubmittals).
J. Final City Action on a Coastal Development Permit.
1. Finality of City action. The City’s decision on an application for a Coastal Development Permit shall not be deemed final until:
a. The City’s decision on the application has been made;
b. All required findings have been adopted, including specific factual findings supporting the legal conclusions that the proposed development is or is not in compliance with the certified Local Coastal Program and, where applicable, with the public access and recreation policies of Chapter 3 of the Coastal Act; and
c. All rights of local appeal identified in Chapter 17.92 (Appeals) have been exhausted.
2. Notice procedures of Final City Action.
a. Final City action. Within seven calendar days of a final City action on a Coastal Development Permit application the City shall provide notice of its action by first class mail to the North Coast District office of the Coastal Commission and to any person who specifically requested this notice. The notice shall include the conditions of approval, written findings, and the procedures for appeal of the local decision to the Coastal Commission.
b. Failure of City to act in a timely fashion. If the applicant believes that the City failed to act on an application within the time limits in Government Code Sections 65950 through 65957.1, which provide that permit applications are deemed approved if the permitting agency has not acted within specified deadlines, and which further provide that a project cannot be deemed approved without the public notice required by law, the applicant shall notify the City, all interested persons, and the Coastal Commission, in writing, of the claim that the development has been approved by operation of law. The notice shall specify the application that is claimed to be approved, the time, date, and place when the application was filed and deemed complete, and language stating the permit will be approved if the City does not act within 60 days.
c. Notice of City failure to act. When the City receives a notice that the time limits established in compliance with Government Code Sections 65950 through 65957.1 have expired, the City shall act on the application within 60 days of receipt of the notice required by law. If the City fails to act within 60 days of receipt of the notice required by law, the City shall, notify the Commission and any person entitled to receive notice that the application has been locally approved by operation of law in compliance with Government Code Sections 65950 through 65957.1. The appeal period to the Coastal Commission for a project locally approved by operation of law shall begin to run only upon the receipt of the City notice in the Coastal Commission’s office.
3. Effective date. The final action by the City on a Coastal Development Permit application for appealable development shall become effective after the ten (10) working-day Coastal Commission appeal period, unless either of the following occur:
a. An appeal is filed in compliance with Chapter 17.92.040 (Appeals to the Coastal Commission);
b. The notice of final City action does not comply with the requirements of Section 17.71.045(H)(2)(a).
When either of the circumstances in (a) or (b) occur, the Coastal Commission shall, within five (5) calendar days of receiving notice of that circumstance, notify the City and the applicant that the effective date of the City action has been suspended.
K. Waiver of Coastal Permit Public Hearing for Minor Development.
This Section provides for the waiver of a public hearing on a Coastal Permit for development that is appealable to the Coastal Commission, in compliance with Public Resources Code Section 30624.9. This Section shall not be used to waive the requirement for a public hearing on any other permit required by this Development Code to have a public hearing.
1. Applicability. The Director may waive the requirement for a public hearing on a Coastal Development Permit application for a minor development that is appealable to the Coastal Commission. For purposes of this section, “minor development” means a development which the City determines satisfies all of the following requirements:
a. Is consistent with the certified Local Coastal Program;
b. Requires no discretionary approval other than a coastal development permit; and
c. Has no adverse effects, either individually or cumulatively, on coastal resources or public access to the shoreline or along the coast.
2. Criteria for waiver. A public hearing may be waived for minor development only if both of the following occur:
a. Notice that a public hearing shall be held upon request by any person is provided by the City to all persons who would otherwise be required to be notified of a public hearing by Section 17.71.045(F), as well as any other persons known to be interested in receiving notice; and
b. No request for public hearing is received by the City within 15 working days from the date of the City sending the notice required by paragraph (a).
3. Content of notice. The notice required by Section (2)(a) shall include a statement that failure by a person to request a public hearing may result in the loss of that person’s ability to appeal to the Coastal Commission an action taken by the City on a planning permit application.
4. Second residential units do not require a public hearing consistent with the applicable provisions of Government Code Section 65852.2
L. Coastal Development Permit Amendments. Upon application by the permittee, a Coastal Development Permit may be amended. Application for an amendment shall be accomplished in the same manner specified by this chapter for the initial application of the Coastal Development Permit.
M. Post approval procedures. The procedures and requirements in Chapter 17.76 (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Article 9 (Coastal Land Use and Development Code Administration), shall apply following the decision on an application for a Coastal Development Permit.
17.71.050 - Design Review
A. Purpose. Design Review is intended to ensure that the design of proposed development and new land uses assists in maintaining and enhancing the small-town, coastal, historic, and rural character of the community.
B. Applicability. All new structures, any relocation, exterior addition(s), or changes of or to existing structures, and any other physical improvements shall be subject to Design Review, whether or not a Building Permit is required, unless exempt in compliance with Subsection B.3 (Improvements exempt from Design Review), below. Design Review shall be required in addition to all other planning permit or approval requirements of this Development Code and the Municipal Code, including but not limited to a Coastal Development Permit.
1. Improvements subject to Design Review by the Commission.
a. The following improvements shall always require Design Review by the Commission:
i) A structure located within 100 feet of a coastal bluff.
ii) A project resulting in three or more residential dwelling units on a single parcel, including apartments, condominiums, townhouses, and other multi family residential development projects.
iii) All nonresidential development projects, including:
(a) Commercial, offices, and industrial structures;
(b) Marinas and yacht harbors; and
(c) Cultural, fraternal, quasi public, religious, social, and similar structures for places of assembly.
iv) The aesthetic impact of grading or filling of land.
b. The following improvements shall require Design Review by the Commission only if in conjunction with a development project:
i) Removal of natural ground cover, trees, or vegetation.
ii) Installation of a fence, wall, or retaining wall visible from a public right-of-way.
iii) Landscaping including vegetation, irrigation systems, and low level lighting.
iv) Signs included with plans for any project listed above.
v) Exterior lighting.
2. Improvements subject to Design Review by the Director. The following improvements shall be subject to Design Review by the Director, except when in conjunction with a development project. If in conjunction with a development project, each of the following shall be subject to review and approval by the Commission:
a. The construction or rehabilitation/remodeling of a secondary dwelling unit or duplex;
b. The construction or rehabilitation/remodeling/addition of any detached accessory structure or garage that exceeds 16 feet in height.
c. Removal of natural ground cover, trees, or vegetation;
d. Installation of a fence, wall, or retaining wall visible from a public right-of-way;
e. Landscaping including vegetation, irrigation systems, and low level lighting;
f. Signs included with plans for any project listed above, and that do not require Commission review; or
g. Exterior lighting.
3. Improvements exempt from Design Review. The following improvements are exempt from Design Review:
a. One single-family dwelling on a single parcel, including any related accessory structures;
b. Structural improvements not visible from a public right-of-way;
c. Signs in compliance with Chapter 17.38 (Signs), and which are to be located on an existing structure, or as approved under another development permit;
d. Work determined by the Director to be minor or incidental within the intent and objectives of this Section; and
e. Ordinary maintenance and repair of structures.
C. Application filing and processing. An application for Design Review shall be filed and processed in compliance with Chapter 17.70 (Permit Application Filing and Processing). The application shall be accompanied the information and materials specified in the Department handout for Design Review, and the materials identified in Section E. (Requirements for submittal), below. It is the responsibility of the applicant to provide evidence in support of the findings required by Subsection G. (Findings and decision), below.
D. Requirements for submittal. Each plan submitted for Design Review shall be drawn to scale with all dimensions shown.
1. Site plans. The site plan shall show the following proposed and existing physical improvements and features:
a. All structures and other improvements on the subject parcel shall be shown demonstrating setback lines and the distance structures are from property lines.
b. The plan shall show the location of all adjoining streets including pavement, curb, and sidewalk.
c. On adjoining parcels the general location of primary and accessory structures, curb cuts, driveways and parking lots.
2. Architectural elevations.
a. Elevations of all sides of new structures shall be shown.
b. If the exterior of an existing structure is to be changed, all existing and proposed elevations of the structure shall be shown.
c. Exterior materials and colors of all proposed and existing structures shall be indicated or generally described. Color and material samples shall be submitted.
d. All mechanical equipment or similar features located above the roof shall be shown.
3. Floor and roof plans. Floor and roof plans for all structures shall be shown.
4. Landscape plans. A detailed landscape plan shall be submitted for the entire site, in compliance with Chapter 17.34 (Landscaping Standards).
5. Sign plans. A detailed sign plan shall be submitted for the entire site, in compliance with Chapter 17.38 (Signs).
E. Project review criteria. The review authority shall evaluate each application to ensure that the project:
1. Complies with the purpose and requirements of this Section;
2. Provides architectural design, building massing, and scale appropriate to and compatible with the site surroundings and the community;
3. Provides attractive and desirable site layout and design, including building arrangement, exterior appearance and setbacks, drainage, fences and walls, grading, landscaping, lighting, signs, etc.;
4. Provides efficient and safe public access, circulation, and parking;
5. Provides appropriate open space and landscaping, including the use of water efficient landscaping;
6. Is consistent with the General Plan, any applicable specific plan, and the certified Local Coastal Program; and
7. Complies and is consistent with the City’s Design Guidelines.
F. Findings and decision. The review authority shall approve or disapprove an application for Design Review approval concurrently with the approval or disapproval of any other planning permit (e.g., Use Permit, Minor Use Permit, Variance or Administrative Variance, Zoning Clearance) required for the project, if the Design Review application is filed with the City at the same time. Design Review approval shall require that the review authority first find that the project, as proposed or with changes resulting from the review process and/or conditions of approval, complies with all applicable criteria identified in Subsection E. (Project review criteria), above.
1. An application for Design Review may be approved, conditionally approved, or disapproved.
2. The Director shall review construction drawings, final plans, and other similar documents for compliance with the approved Design Review, any conditions of approval, and any approved or required modifications to the approved plans.
3. A Design Review decision shall become effective upon the expiration of 10 days following the decision, unless an appeal is made in compliance with Chapter 17.92 (Appeals).
G. Conditions of approval. The review authority may require any reasonable and necessary conditions of approval to ensure that the project will comply with the findings required by Subsection F., above. The violation of any condition so imposed shall constitute a violation of this Section and may constitute grounds for revocation of the permit.
H. Expiration of Design Review approval.
1. Time limit. Design Review approval in compliance with this Section shall lapse and become void 12 months from the date of approval, unless before the expiration of the 12 months, a Building Permit is issued and construction is commenced and diligently pursued towards completion.
2. Exceptions. The only exception to the above is Commission Design Review approval for a period not to exceed two years in a case where it is anticipated that the time for project development will exceed 12 months.
3. Extension of approval. Design Review approval may be extended by the Director for an additional period of 12 months; provided, no changes in conditions or requirements have occurred before the expiration of 12 months from the date of the original approval, and an application for an extension is filed with the Department at least 30 days before the date of expiration.
I. Post approval procedures. The procedures and requirements in Chapter 17.76 (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Article 9 (Coastal Land Use and Development Code Administration), shall apply following the decision on an application for Design Review.
17.71.060 - Use Permit and Minor Use Permit
A. Purpose. A Use Permit or Minor Use Permit provides a process for reviewing uses and activities that may be appropriate in the applicable zoning district, but whose effects on a site and surroundings cannot be determined before being proposed for a specific site.
B. Applicability. A Use Permit or Minor Use Permit is required to authorize proposed land uses identified by Article 2 (Zoning Districts and Allowable Land Uses) as being allowable in the applicable zoning district subject to the approval of a Use Permit or Minor Use Permit. A project requiring a Use Permit or Minor Use Permit will also requires a Coastal Development Permit in compliance with Section 17.71.045 (Coastal Development Permit).
C. Review authority.
1. Use Permits. Use Permits shall be approved or disapproved by the Commission.
2. Minor Use Permits. Minor Use Permits shall be approved or disapproved by the Director.
a. The Director may choose to refer any Minor Use Permit application to the Commission for hearing and decision.
b. A Minor Use Permit application shall be determined exempt from the California Environmental Quality Act (CEQA) in compliance with State law and Chapter 17.72 (Environmental Impact Assessment and Mitigation Monitoring) or it shall be processed as a Use Permit.
D. Application filing and processing. An application for a Use Permit or Minor Use Permit shall be filed and processed in compliance with Chapter 17.70 (Permit Application Filing and Processing). The application shall include the information and materials specified in the Department handout for Use Permits, and the following information.
1. Fiscal and economic analysis. An application for a warehouse retail project as defined in Article 10 (Glossary & Index) shall include a fiscal and economic analysis.
2. Traffic Study. A traffic study shall be required for uses determined by the Director or City Engineer to be high trip generators.
a. The traffic study shall identify both cumulative and project-specific traffic impacts.
b. All traffic impacts shall be reduced, to the maximum extent feasible, through compliance with applicable development standards and/or conditions of approval.
It is the responsibility of the applicant to provide evidence in support of the findings required by Subsection F. (Findings and decision), below.
E. Project review, notice, and hearing. Each application shall be reviewed by the Director to ensure that the proposal complies with all applicable requirements of this Development Code.
1. Use Permit.
a. Notice and hearing. The Commission shall conduct a public hearing on an application for a Use Permit before a decision on the application. Notice of the hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 17.96 (Public Hearings).
b. Projects requiring a Coastal Development Permit. When the project requires a Coastal Development Permit in addition to a Use Permit, notice of the public hearing shall comply with the notice requirements in Section 17.71.045 (Coastal Development Permits).
2. Minor Use Permit. Before a decision on a Minor Use Permit, the public notice shall be provided in compliance with Chapter 17.96 (Public Hearings), and as follows.
a. Public notice. The notice shall state that the Director will decide whether to approve or disapprove the Minor Use Permit application on a date specified in the notice, and that a public hearing will be held only if requested in writing by any interested person before the specified date for the decision.
b. Hearing. When a hearing is requested, notice of the hearing shall be provided in compliance with Chapter 17.96, and the Director shall conduct the public hearing before a decision on the application in compliance with Chapter 17.96.
F. Findings and decision. An application for a Use Permit or Minor Use Permit may be approved subject to conditions, or disapproved by the review authority. The review authority shall approve a Use Permit or Minor Use Permit only after first finding all of the following:
1. The proposed use is consistent with the General Plan, any applicable specific plan, and the Local Coastal Program;
2. The proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of this Development Code and the Municipal Code;
3. The design, location, size, and operating characteristics of the proposed activity are compatible with the existing and future land uses in the vicinity;
4. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities (e.g., fire protection, police protection, potable water, schools, solid waste collection and disposal, storm drainage, wastewater collection, treatment, and disposal, etc.), to ensure that the type, density, and intensity of use being proposed would not endanger, jeopardize, or otherwise constitute a hazard to the public interest, health, safety, convenience, or welfare, or be materially injurious to the improvements, persons, property, or uses in the vicinity and zoning district in which the property is located.
5. The proposed use complies with any findings required by Section 17.22.030 (Commercial District Land Uses and Permit Requirements).
G. Conditions of approval. In approving a Use Permit or Minor Use Permit, the review authority may impose any conditions deemed reasonable and necessary to ensure that the approval will comply with the findings required by Subsection F. (Findings and decision), above. The violation of any required condition shall constitute a violation of this Section and may constitute grounds for revocation of the permit.
H. Post approval procedures. The procedures and requirements in Chapter 17.76 (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Article 9 (Coastal Land Use and Development Code Administration), shall apply following a decision on an application for a Use Permit or Minor Use Permit.
17.71.070 - Variance and Administrative Variance
A. Purpose. The Variance and Administrative Variance provide a process for City consideration of requests to waive or modify certain standards of this Development Code when, because of special circumstances applicable to the property, including location, shape, size, surroundings, topography, or other physical features, the strict application of the development standards otherwise applicable to the property denies the property owner privileges enjoyed by other property owners in the vicinity and in the same zoning district.
B. Applicability. A Variance or Administrative Variance may be granted to waive or modify any requirement of this Development Code except: allowed land uses; residential density; specific prohibitions or permissible use limitations (for example, prohibited signs), or procedural requirements. However, a project requiring a Variance or Administrative Variance will also require Coastal Development Permit approval in compliance with Section 17.71.045 (Coastal Development Permit). Variance or Administrative Variance approval does not replace, supersede or modify the independent requirement for a CDP approved pursuant to the otherwise applicable policies and standards of the certified LCP other than the standards identified in subparagraph C(2) below.
C. Review authority.
1. Variance. A Variance application shall be reviewed, and approved or disapproved by the Commission.
2. Administrative Variance. An Administrative Variance application shall be reviewed, and approved or disapproved by the Director.
a. The Director may grant an Administrative Variance to reduce any of the following requirements of this Development Code up to a maximum of 10 percent:
i) Distance between structures;
ii) Parcel dimensions (not including area);
iii) Setbacks;
iv) On-site parking, loading, and landscaping; or
v) Sign regulations (other than prohibited signs);
vi) Lot coverage; and/or
vii) Floor area ratio.
b. The Director may choose to refer any Administrative Variance application to the Commission for hearing and decision.
D. Application filing and processing. An application for a Variance or Administrative Variance shall be filed and processed in compliance with Chapter 17.70 (Permit Application Filing and Processing). The application shall be accompanied by detailed and fully dimensioned plans, architectural drawings and sketches, and data/materials identified in the Department handout for Variances or Administrative Variances. It is the responsibility of the applicant to provide evidence in support of the findings required by Subsection F. (Findings and decision), below.
E. Project review, notice, and hearing. Each application shall be reviewed by the Director to ensure that the proposal complies with this Section, and all other applicable requirements of this Development Code.
1. Variance. The Commission shall conduct a public hearing on an application for a Variance before a decision. Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 17.96 (Public Hearings).
2. Administrative Variances. Before a decision on an Administrative Variance, the City shall provide notice of a public hearing in compliance with Chapter 17.96 (Public Hearings).
a. Initial notice. The notice shall state that the Director will decide whether to approve or disapprove the Administrative Variance application on a date specified in the notice, and that a public hearing will be held only if requested in writing by any interested person before the specified date for the decision.
b. Notice and conduct of hearing. When a hearing is requested, notice of the hearing shall be provided in compliance with Chapter 17.96 (Public Hearings), and the Director shall conduct the public hearing before a decision on the application in compliance with Chapter 17.96.
F. Findings and decision.
1. General findings. The review authority may approve a Variance or Administrative Variance only after first making all of the following findings.
a. There are special circumstances applicable to the property, including size, shape, topography, location, or surroundings, so that the strict application of this Development Code deprives the property of privileges enjoyed by other property in the vicinity and within the same zoning district;
b. The approval of the Variance or Administrative Variance includes conditions of approval as necessary to ensure that the adjustment granted does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and within the same zoning district; and
c. The Variance or Administrative Variance is consistent with the General Plan, any applicable specific plan, and the Local Coastal Program. In addition to any other findings and/or conditions regarding the granting of a Variance or an Administrative Variance, the City shall only grant a Variance or Administrative Variance if the City determines that the means of accommodating the Variance or Administrative Variance: (1) will not have an adverse effect on coastal resources, (2) will ensure adequate services will be provided to serve the proposed development, and (3) will not displace Coastal Act priority uses. If the City determines that the means for accommodating a Variance or Administrative Variance will have an adverse effect on coastal resources, will not ensure adequate services will be provided to serve the proposed development, or will displace Coastal Act priority uses, the City shall deny the Variance or Administrative Variance.
2. Findings for off-site parking Variance. The approval of a Variance to allow some or all of the parking spaces required for a nonresidential project to be located off-site, or to allow in-lieu fees or facilities instead of the required on-site parking spaces, shall require that the review authority first make both of the following findings in compliance with Government Code Section 65906.5, instead of those required by Subsection F.1 above.
a. The Variance will be an incentive to, and a benefit for, the nonresidential development; and
b. The Variance will facilitate access to the nonresidential development by patrons of public transit facilities, particularly guideway facilities.
3. Reasonable accommodation. The review authority may also grant a Variance or Administrative Variance to the site planning or development standards of this Development Code in compliance with this Section, based on the finding that the Variance or Administrative Variance is necessary to accomplish a reasonable accommodation of the needs of a disabled person in compliance with the Americans with Disabilities Act (ADA). (Housing Element, Program H-3.9.1)
G. Conditions of approval. In approving a Variance or Administrative Variance, the review authority may impose any conditions deemed reasonable and necessary to ensure that the approval will comply with the findings required by Subsection F. (Findings and decision), above. The violation of any required condition shall constitute a violation of this Section and may constitute grounds for revocation of the permit.
H. Post approval procedures. The procedures and requirements in Chapter 17.76 (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Article 9 (Coastal Land Use and Development Code Administration), shall apply following a decision on an application for a Variance or Administrative Variance.
17.71.080 - Emergency Permit
A. Purpose. This Section provides procedures for the issuance of Emergency Permits deemed necessary to perform work to resolve problems resulting from a situation falling within the term “emergency” as defined in Article 10 of this Development Code (Glossary & Index).
B. Applicability. When immediate action by a person or public agency is required to resolve an emergency, requirements to obtain the otherwise appropriate development permit may be waived by the Director upon receiving notification of the emergency, identification of the type of work required to resolve the emergency, and the location of work to be performed.
1. 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 directly to the Coastal Commission.
C. Review authority. The Director shall have the discretion to grant Emergency Permits in compliance with this Section, provided that the City Manager may choose to assume all responsibilities delegated to the Director pertaining to the issuance of emergency permits.
D. Method and content of notification. Notification of the emergency to the Director shall be by letter or facsimile, if time allows, or by telephone or personal contact, if time does not allow. The person notifying the Director shall report to their best knowledge:
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 resolve the emergency;
4. The circumstances during the emergency that appeared to justify the proposed courses of action; and
5. The probable consequences of failing to take the actions necessary to resolve the emergency.
E. Verification.
1. The Director shall verify that an emergency does exist, insofar as time allows.
2. The Director and the person or public agency that made the notification shall document the facts related to the emergency.
F. Public notice. The Director shall provide public notice of the proposed emergency actions, by use of radio, television, or print media, as determined to be appropriate by the Director based on the nature of the emergency.
G. Required findings, conditions.
1. Findings. The Director may grant an emergency permit upon reasonable terms and conditions, including an expiration date and the necessity for a regular permit application later, if the Director finds that:
a. An emergency exists that requires action more quickly than allowed by City procedures customarily required for the processing of appropriate development permits;
b. Public comment has been considered regarding the emergency and the proposed actions, if time allows;
c. The work is consistent with the nature of the emergency, and the requirements of the certified Local Coastal Program; and
d. The work proposed is the minimum action necessary to address the emergency and, to the maximum extent feasible, is the least environmentally damaging temporary alternative for addressing the emergency.
2. Conditions of approval. If granted, an Emergency Permit shall be subject to reasonable and necessary terms and condition and shall be a written document that includes the following information:
a. Language clearly indicating that the work accomplished under an Emergency Permit is considered temporary until authorized by a follow-up regular coastal development permit and that issuance of an emergency permit shall not constitute an entitlement to the erection of permanent development or structures;
b. The date of issuance and An expiration date for the Emergency Permit;
c. The scope of work to be performed;
d. Terms and conditions of the permit;
e. A provision stating that within 90 days of issuance of the emergency permit, a regular coastal development permit application shall be submitted and properly filed consistent with the requirements of this Chapter; and
f. A provision that states that: The development authorized in the emergency permit must be removed unless a complete application for a regular coastal development permit is filed within 90 days of approval of the emergency permit and said regular permit is approved. If a regular coastal development permit authorizing permanent retention of the development is denied, then the development that was authorized in the emergency permit, or the denied portion of the development, must be removed. The emergency permit may contain conditions for removal of development or structures if they are not authorized in a regular coastal development permit, or the emergency permit may require that a subsequent permit must be obtained to authorize the removal.
The violation of any condition of approval shall constitute a violation of this Section and may constitute grounds for revocation of the permit.
H. Reporting.
1. The Director shall report, in writing or orally, to the Council at each regular meeting of the Council while an Emergency Permit is in effect. The report shall state the nature of the emergency, the progress of the work to resolve the emergency, and any other pertinent information.
2. The Director shall report, in writing, the issuance of Emergency Permits to the Coastal Commission within three days following the date of issuance.
3. Copies of any written report shall be available at the Council meetings and shall be mailed to all persons who have requested notification and associated reports in writing.
17.71.090 - Planned Development Permit
A. Purpose. The Planned Development Permit is intended to provide for flexibility in the application of Development Code standards to proposed development under limited and unique circumstances. The purpose is to allow consideration of innovation in site planning and other aspects of project design, and more effective design responses to site features, uses on adjoining properties, and environmental impacts than the Development Code standards would produce without adjustment. The City expects each Planned Development project to be of obvious, significantly higher quality than would be achieved through conventional design practices and standards.
B. Applicability. A Planned Development Permit application may be filed and processed only under the following circumstances. A Coastal Development Permit shall also be required.
1. Minimum site area. A Planned Development Permit may be requested for a residential, commercial, industrial, or mixed-use development on a site larger than five acres.
2. Timing of permit. No Building or Grading Permit shall be issued on a site for which a Planned Development Permit is proposed until the Planned Development Permit has been approved in compliance with this Section.
3. Scope of approval.
a. Planned Development Permit approval may adjust or modify, where determined by the review authority to be necessary and justifiable, any applicable development standard of this Development Code (e.g., building height, setbacks, parking, street layout, etc.), provided that the approval shall not authorize a land use that is not allowed in the applicable zoning district by Article 2 and provided that the City makes all of the required findings consistent with Section 17.71.090(F)(1).
b. A project proposing increased residential density may only be approved by the Council in compliance with Chapter 17.31 (Density Bonuses and Affordable Housing Incentives).
4. Coastal Development Permit required. A Coastal Development Permit shall be required for all Planned Developments. Procedures for obtaining a Coastal Permit identified in Section 17.71.045 (Coastal Development Permits).
C. Application filing and processing. An application shall be filed in compliance with Chapter 17.70 (Permit Application Filing and Processing). The application shall be accompanied by the information identified in the Department handout for Planned Development Permit applications. It is the responsibility of the applicant to provide evidence in support of the findings, as required by Subsection F. (Commission action), below.
D. Review authority. A Planned Development Permit may be granted by the Commission.
E. Project review, notice, and hearing.
1. Application review. Each Planned Development Permit application shall be analyzed by the Director to ensure that the application is consistent with the purpose and intent of this Section. The Director shall submit a staff report and recommendation to the Commission for their consideration.
2. Public hearing. The Commission shall conduct a public hearing on an application for a Planned Development Permit before the approval or disapproval of the permit. Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 17.96 (Public Hearings).
F. Commission action. Following a public hearing, the Commission may approve or disapprove a Planned Development Permit, and shall record the decision and the findings upon which the decision is based.
1. Required findings. The Commission may approve a Planned Development Permit only after first finding that:
a. The project is consistent with the General Plan and any applicable specific plan, and allowed within the applicable zoning district. In addition to any other findings and/or conditions regarding the granting of a Variance or an Administrative Variance, the City shall only grant a Planned Development Permit if the City determines that the means of accommodating the Planned Development Permit: (1) will not have an adverse effect on coastal resources, (2) will ensure adequate services will be provided to serve the proposed development, and (3) will not displace Coastal Act priority uses. If the City determines that the means for accommodating a Planned Development Permit will have an adverse effect on coastal resources, will not ensure adequate services will be provided to serve the proposed development, or will displace Coastal Act priority uses, the City shall deny the Planned Development Permit.
b. The project complies with all applicable provisions of this Development Code other than those modified by the Planned Development Permit;
c. The approved modifications to the development standards of this Development Code are necessary and appropriate to accommodate the superior design of the proposed project, its compatibility with adjacent land uses, and its successful mitigation of any identified environmental impacts;
d. The development authorized by the Planned Development Permit approval will be of significantly higher quality, more energy efficient, more conserving of resources, and will produce fewer and less serious environmental impacts than development that could otherwise occur in compliance with the requirements of this Development Code without adjustment.
e. The project complies with all applicable provisions of the City’s Design Guidelines;
f. The project can be adequately, conveniently, and reasonably served by public facilities, services, and utilities;
g. The planning concepts and design features of the project are reasonably suited to the characteristics of the site and the surrounding neighborhood;
h. The location, size, planning concepts, design features, and operating characteristics of the project are and will be compatible with the character of the site, and the land uses and development intended for the surrounding neighborhood by the General Plan;
i. The site is adequate for the project in terms of size, shape, topography, and circumstances; and
j. The establishment, maintenance, or operation of the use would not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood of the proposed use, or detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City.
2. Conditions of approval. In approving a Planned Development Permit, the Commission may impose any conditions deemed reasonable and necessary to ensure that the project will comply with the findings required by Subsection F.1.
G. Time limit and expiration.
1. A Planned Development Permit may specify a development completion period acceptable to the review authority.
2. If a time limit is not specified in the permit, the completion period shall not exceed two years.
3. If project construction has not commenced within the required time limit, the Planned Development Permit shall automatically be terminated and deemed void, with no further action required by the City.
H. Planned Development Permit amendment.
1. Commission action on requested changes. Any requested change in the Planned Development Permit, other than those allowed by Subparagraph 3., below, shall be submitted to the review authority that originally approved the permit for review and approval following the same review notice and hearing procedures as for the original approval. However, an approved change to a Planned Development Permit does not replace, supersede or modify the independent requirement for a CDP approved pursuant to the otherwise applicable policies and standards of the certified LCP.
2. Added conditions. The review authority may, as a condition of approval, impose added changes or conditions on the Planned Development Permit amendment as it deems reasonable and necessary to carry out the purpose and intent of the original Planned Development Permit and this Section. However, an approved change to a Planned Development Permit does not replace, supersede or modify the independent requirement for a CDP approved pursuant to the otherwise applicable policies and standards of the certified LCP.
3. Minor changes by Director. Minor changes in the Planned Development Permit which do not involve an increase in building area, an increase in the number of dwelling units, or a change of use may be approved by the Director in compliance with Subparagraph 17.76.080 (Changes to an Approved Project). However, an approved change to a Planned Development Permit does not replace, supersede or modify the independent requirement for a CDP approved pursuant to the otherwise applicable policies and standards of the certified LCP.
I. Post approval procedures. The procedures and requirements in Chapter 17.76 (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Article 9 (Coastal Land Use and Development Code Administration), shall apply following a decision on an application for Planned Development Permit approval. However, the procedures contained in Chapter 17.98 of Article 9 are not part of the certified LCP and shall not govern the review and approval of coastal development permits.