Article III. ADMINISTRATION
Chapter 18.20
LOCAL COASTAL DEVELOPMENT PERMITS
Sections:
18.20.035 Categorical exclusion areas.
18.20.040 Permits for emergency work.
18.20.045 Application requirements.
18.20.050 Determination of jurisdiction.
18.20.075 Appeals and finality of city action.
18.20.080 Expiration of coastal development permit.
18.20.085 Permit amendment and extensions.
18.20.090 Penalties and enforcement.
18.20.010 Purpose and intent.
The purpose and intent of adopting this article is to establish the process and minimum findings necessary to ensure that all development within the city is consistent with the city’s local coastal program, the California Coastal Act, and the general plan. (1996 zoning code (part)).
18.20.015 Applicability.
All properties within the city are subject to the procedures contained in this chapter. Where the procedures described in this chapter for issuing coastal development permits conflict with other procedures in the zoning code, the procedures described herein shall take precedence. (1996 zoning code (part)).
18.20.020 Definitions.
A. Appealable Development. After certification of the local coastal program, an action taken by the city on a coastal development permit application may be appealed to the California Coastal Commission for only the following types of developments:
1. Developments approved by the city between the sea and the first public road paralleling the sea or within three hundred feet of the extent of any beach or of the mean high tide line of the sea where there is no beach, whichever is the greater distance.
2. Developments approved by the city not included within subsection (A)(1) of this section that are located on tidelands, submerged lands, public trust lands, within one hundred feet of any wetland, estuary, or stream, or within three hundred feet of the top of the seaward face of any coastal bluff.
3. Any development which constitutes a major public works project or a major energy facility.
B. Coastal Zone. The boundaries of the coastal zone have been established by the state legislature. All land and water area within the city lies within the coastal zone.
C. “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 Section 66410 of the Government Code), and any other division of land, including lot splits, 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 which are in accordance with a timber harvesting plan submitted pursuant to the provisions of the Z’berg-Nejedly Forest Practice Act of 1973 (commencing with Section 4511).
D. “Disaster” means any situation in which the force(s) which destroyed the structure to be replaced were beyond the control of its owners.
E. “Emergency” means a sudden unexpected occurrence demanding immediate action to prevent or mitigate loss or damage to life, health, property or essential public services.
F. “Energy facility” means any public or private processing, producing, generating, storing, transmitting, or recovering facility for electricity, natural gas, petroleum, coal, or other source of energy.
G. “Major public works” and “major energy facilities” mean facilities that cost more than one hundred thousand dollars with an automatic annual increase in accordance with the Engineering News Record Construction Cost Index, except for those governed by the provisions of Public Resources Code Sections 30610, 30610.5, 30611, or 30624. Notwithstanding the criteria above, “major public works” also means publicly financed recreational facilities that serve, affect, or otherwise impact regional or statewide use of the coast by increasing or decreasing public recreational opportunities or facilities.
H. “Public works” means the following: (1) All production, storage, transmission and recovery facilities for water, sewerage, telephone, and other similar utilities owned or operated by any public agency or by any utility subject to the jurisdiction of the public utilities commission, except for energy facilities; (2) All public transportation facilities, including streets, roads, highways, public parking lots and structures, ports, harbors, airports, railroads, and mass transit facilities and stations, bridges, trolley wires and other related facilities; (3) All publicly financed recreational facilities, all projects of the State Coastal Conservancy, and any development by a special district; (4) All community college facilities.
I. “Temporary event(s)” constitute development as defined in Section 30106 of the Coastal Act. Temporary events are an activity or function of limited duration and involve the placement of nonpermanent structures such as bleachers, vendor tents/canopies, portable toilets, stages, film sets, etc., and/or involve exclusive use of a sandy beach, park land, filled tidelands, water, streets, or parking areas which are otherwise open and available for general public use. (1996 zoning code (part)).
18.20.025 Permit required.
Unless otherwise exempted, all development as defined in Section 18.20.020(C) in the city of Half Moon Bay requires a coastal development permit. The coastal development permit must be approved prior to the commencement of development and shall be required in addition to any other permits or approvals required by the city. A local coastal development permit may be combined with any other permit application. When not feasible to combine a coastal development permit with one or more other applications, it may be processed concurrently with or prior to any other procedures required by this title or the municipal code. Prior to initiating the review process for any discretionary or ministerial permits in the city, the community development director shall determine the feasibility of concurrent or prior processing of the coastal development permit. The coastal development permitting requirements herein and exemptions in Section 18.20.030 shall be carried out in full conformity with Sections 30600 and 30610 of the Coastal Act and Title 14, Sections 13250, 13252, and 13253 of the California Code of Regulations. Any conflicts between the provisions in the zoning code and either the Coastal Act or Title 14, Sections 13250, 13252, and 13253 of the California Code of Regulations shall be resolved in favor of the California Coastal Act and Title 14, Sections 13250, 13252, and 13253 of the California Code of Regulations.
A. Coastal Development Permits to be Issued by the City. Development that meets the definition contained in Section 18.20.020, including any of the following must obtain a coastal development permit from the city. The following list is provided for illustrative purposes and does not constitute an exclusive list.
1. Any development in or within one hundred feet of any sensitive habitat area, riparian corridor, bluffs and seacliff areas, and wetlands, or within a wild strawberry habitat, as designated in Chapter 18.38 or as shown on the coastal resource area maps.
2. Any development within archaeological resource areas where there is substantial indication that archaeological resources exist on or within one hundred feet of the project.
3. Any development which would preclude the general public from use of, or access to, a public recreational area for a significant period of time.
4. A temporary event which:
a. Either individually or together with other temporary events scheduled before or after the event, precludes the general public from use of a public recreational area or use of a sandy beach for a period of time; or
b. With its associated activities or access requirements, will either directly or indirectly impact environmentally sensitive habitat areas, rare or endangered species, significant scenic resources, public access opportunities, visitor and recreational facilities, water-oriented activities, agricultural lands, marine or biological or archaeological or paleontological resources; or
c. Would restrict public use of roadways or parking areas or otherwise impact public use or access to coastal waters between Memorial Day weekend and Labor Day; or
d. Has historically required a coastal development permit to address and monitor associated impacts to coastal resources; or
e. Involves a charge for general public admission or seating where no fee is currently charged for use of the same area.
5. Any lot line adjustment.
6. Removal of riparian or other major or notable vegetation other than for agricultural purposes.
7. Construction or expansion of wells or septic systems.
8. Installation of new wireless telecommunication facilities shall obtain a CDP that is found consistent with all provisions of the certified local coastal program whether or not a use permit is required or approved.
9. Pursuant to Public Resources Code Sections 30106 and 30610(b) as well as Title 14, Section 13253(b)(7) of the California Code of Regulations, and whether or not a use permit is required or approved, the placement of co-located facilities on an existing wireless telecommunication facility shall require a CDP, except that if a CDP was issued for the original wireless telecommunication facility and that CDP authorized the proposed new co-location facility, the terms and conditions of the underlying CDP shall remain in effect and no additional CDP shall be required.
B. Coastal Development Permits to be Issued by the Coastal Commission. In addition to any other required approvals by the city, all developments on tidelands, submerged lands or on public trust lands, whether filled or unfilled, shall also require a permit issued by the California Coastal Commission in accordance with procedures specified by the Coastal Commission. (Ord. C-2015-04 §1(part), 2015; Ord. C-2014-06 §2, 2014; Ord. O-2-06 §3, 2006; 1996 zoning code (part)).
18.20.030 Exemptions.
The coastal development permitting requirements in Section 18.20.025 and exemptions herein shall be carried out in full conformity with Sections 30600 and 30610 of the Coastal Act and Title 14, Sections 13250, 13252, and 13253 of the California Code of Regulations. Any conflicts between provisions in the zoning code and either the Coastal Act or Title 14, Sections 13250, 13252, and 13253 of the California Code of Regulations shall be resolved in favor of the Coastal Act or Title 14, Sections 13250, 13252, and 13253 of the California Code of Regulations. The following categories of projects are exempt from the requirement to secure approval of a coastal development permit:
A. Replacement of Structures Following Disaster. The replacement of any structure, other than a public works facility, destroyed by disaster; provided, that the replacement structure:
1. Conforms to all zoning code and building code requirements applicable at the time of replacement;
2. Is the same use as the destroyed structure; and
3. Does not exceed the floor area, height or bulk of the destroyed structure by more than ten percent and is sited in essentially the same location on the site as the destroyed structure.
B. Categorical Exclusion Areas. Any category of development within a specifically defined geographic area as adopted pursuant to Sections 30610(e) and 30610.5 of the Public Resources Code after certification of the local coastal program and that otherwise meet all other applicable regulations of the city.
C. Miscellaneous Activities and Development. The following activities and development projects are exempted:
1. Permits.
a. Sign permits.
b. Home occupation permits.
c. Permits for which no development is proposed, including issuance of business licenses, approval of final subdivision maps for which a coastal development permit has been issued, and approval of individual utility service connections and disconnections.
2. Repair and Maintenance. Repair and maintenance activities that do not result in an addition to, or enlargement or expansion of, the object of such activities, except as otherwise specified in Subchapter 7, Title 14, Section 13252 of the California Code of Regulations and any amendments thereafter adopted. Such activities include but are not limited to:
a. Repair and maintenance necessary for ongoing operations of an existing facility which does not expand the footprint, floor area, height, or bulk of an existing facility, and the minor modification of existing structures required by governmental safety and environmental regulations, where necessary to preserve existing structures which does not expand the footprint, floor area, height, or bulk of an existing structure.
b. Interior remodeling of a building, except where such remodeling changes the nature of the use.
c. Additions to existing single-family residences and improvements normally associated with single-family residences such as garages, swimming pools, fences, storage sheds, and landscaping, except as otherwise specified in Subchapter 7, Title 14, Section 13250 of the California Code of Regulations.
d. Improvements to structures other than single-family residences except as otherwise specified in Subchapter 7, Title 14, Section 13253 of the California Code of Regulations.
3. Utilities.
a. Installation, testing, placement in service, or the replacement of any necessary utility connection between an existing service facility and any development that has previously been granted a coastal development permit.
b. Installation, maintenance, and repair of underground electrical facilities and the conversion of existing overhead facilities to underground facilities, provided the work is limited to public road or railroad rights-of-way or public utility easements and provided the site is restored as closely as reasonably possible to its original condition.
c. Installation, maintenance and minor alteration of utilities that do not increase in capacity or are required to restore service or prevent service outages.
4. Removal or Harvesting of Major Vegetation. Removal or harvesting of major vegetation for agricultural purposes, kelp harvesting, and timber operations which are in accordance with a timber harvesting plan.
5. Temporary Events. Any proposed development which the community development director finds to be a temporary event 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).
6. Temporary Events. The temporary events below are examples of temporary events which are excluded from the requirement of a coastal development permit:
a. Commercial Promotional Events. Sidewalk sales, not lasting more than three days, and flea markets, rummage sales, festivals, bazaars, or other similar temporary activities not lasting more than two weeks, the primary purpose of which is to promote proposed or existing businesses, on public or private property within any commercial district. No person or group shall undertake or establish such activities without first securing written approval from the community development director.
b. Commercial Uses Outside Structures. Sidewalk sales, not including peddlers, on public or private property, not lasting more than three days, and conducted in a manner sufficient to allow safe pedestrian and wheelchair passage onto or along the sidewalk where such activity is being conducted in commercial district.
c. Seasonal Sales of Christmas Trees and Pumpkins. The sale, display, and storage of Christmas trees and accessories therefor on portions of vacant lots or other open areas that do not contain wetlands or other environmentally sensitive habitat areas for a temporary period of time between Thanksgiving and December 26th of any year, and the sales, display, and storage of pumpkins between October 1st and November 5th of any year, subject to obtaining a temporary business license as required by the municipal code.
7. Land Divisions for Public Agency Acquisition. Land divisions brought about in connection with the acquisition of such land by a public agency for recreational purposes.
8. Accessory Dwelling Units. An accessory dwelling unit that is contained within or attached to an existing single-family dwelling unit or accessory structure and that does not change the intensity of use or expand the floor area, height, or bulk of the existing unit or structure by more than ten percent is exempt from the requirement to secure approval of a coastal development permit pursuant to Public Resources Code Section 30610(a) or, for existing guest houses, Section 30610(b). An accessory dwelling unit changes the intensity of use if it primarily involves the creation of new habitable space. This exemption shall not be granted if one or more of the criteria in Title 14, Section 13250(b), or, for existing guest houses, Section 13253(b), of the California Code of Regulations, as may be amended from time to time, are met.
D. Record of Exemptions. The community development director shall maintain a record of all permits issued for development within the coastal zone that were exempted from the requirements of the coastal development permit process. This record shall be available for review by members of the public. The record of exemption shall include the name of the applicant, the location of the project, and a brief description of the project. The community development director shall also provide notification to the Coastal Commission of the record of exemption within thirty days. (Ord. C-2018-04 §2(Att. A)(part), 2018; Ord. C-2015-04 §1(part), 2015; Ord. O-2-06 §4, 2006; 1996 zoning code (part)).
18.20.035 Categorical exclusion areas.
Any category of development within a specifically defined geographic area as adopted pursuant to Sections 30610(e) and 30610.5 of the Public Resources Code after certification of the local coastal program shall be excluded from the requirements of a coastal development permit. Categorical exclusion areas shall be limited to areas that are substantially developed and contain no identified coastal resources as defined in this title. (1996 zoning code (part)).
18.20.040 Permits for emergency work.
A. Emergency Permit Waiver. Projects normally requiring a coastal development permit that are undertaken as emergency measures to protect life and public property from imminent danger, or to restore, repair or maintain public works, utilities or services destroyed, damaged or interrupted by natural disaster, serious accident, or in other cases of emergency are eligible to receive an emergency waiver when immediate action is required. Nothing in this section authorizes permanent erection of structures valued at more than twenty-five thousand dollars. The community development director shall be notified of the type and location of the work within three days of the disaster or discovery of the danger, whichever occurs first. Within seven days of taking such action, the person who notified the community development director shall send a written statement of the reasons why the action was taken and verification that the action complied with the expenditure limits set forth in Public Resources Code Section 30611. At the next hearing following receipt of the written report, the community development director shall summarize all emergency actions taken that in his or her opinion do not comply with the requirements of Public Resources Code Section 30611 and shall recommend appropriate action.
B. Alternate Emergency Permit Requirements. Applications may be made by telephone or in person, if time does not allow a written application, to the community development director. The information to be reported during the emergency, if possible, or to be reported fully in any case after the emergency, shall include the following:
1. The nature of the emergency;
2. The cause of the emergency, insofar as this can be established;
3. The location of the emergency;
4. The remedial, protective, or preventive work required to deal with the emergency; and
5. The circumstances during the emergency that appeared to justify the course of action taken, including the probable consequences of failing to take action.
C. Granting of Emergency Permits. The community development director shall verify the facts, including the existence and nature of the emergency, insofar as time allows, and shall provide public notice of the emergency action to the maximum extent practical under the circumstances. The community development director may grant an emergency permit upon reasonable terms and conditions which shall include, at a minimum, an expiration date and the necessity for a regular permit application later, if the community development director finds that:
1. An emergency exists and requires action more quickly than permitted by the procedures for administrative permits or for ordinary permits, and the development can and will be completed within thirty days unless otherwise specified by the terms of the permit;
2. Public comment on the proposed emergency action has been reviewed if time allows; and
3. The work proposed would be consistent with the requirements of the coastal program.
D. Reporting of Emergency Permits and Work. The community development director shall prepare an informational report to the planning commission describing any emergency permits applied for or issued, with a description of the nature of the emergency and the work involved. Copies of this report shall be available at the planning commission meeting. Notice of emergency permits shall be provided by phone or letter to the California Coastal Commission as soon as possible, but in any event within three days, following issuance of the emergency permit.
E. Compliance. An emergency permit shall be valid for not more than sixty days from the date of issuance. Prior to expiration of the emergency permit, the permittee must submit a coastal development permit application for the development or else remove the development undertaken pursuant to the emergency permit in its entirety and the site restored to its previous condition. Any action on the follow-up coastal development permit application which involves appealable development as defined in Section 18.20.020 shall be appealable to the Coastal Commission in accordance with Section 18.20.075. Failure to comply with the provisions of this section or failure to properly notice and report by the applicant any emergency actions may result in enforcement action pursuant to Section 18.20.090. (Ord. C-2015-04 §1(part), 2015; 1996 zoning code (part)).
18.20.045 Application requirements.
Applications for any coastal development permit shall be initiated by submitting an application on a form provided by the planning and building department. Application for a coastal development permit shall be submitted concurrently with any other discretionary or ministerial permit required for the development, unless the community development director determines that prior processing is required. The application shall include a fee set by resolution of the city council. In addition to the submittal requirements for a discretionary or ministerial permit, applications for a coastal development permit shall also include a location map, proof of water and sewer capacity availability to meet the requirements of all of the proposed uses within the project, and any other information deemed necessary and appropriate by the community development director.
A. Pursuant to Section 30601.5 of the Coastal Act as amended, where the applicant for a coastal development permit is not the owner of a fee interest in the property on which a proposed development is to be located, but can demonstrate a legal right, interest, or other entitlement to use the property for the proposed development, the city shall not require the holder or owner of any superior interest in the property to join 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. In addition, prior to the issuance of a coastal development permit, the applicant shall demonstrate the authority to comply with all conditions of approval. (Ord. C-2015-04 §1(part), 2015; 1996 zoning code (part)).
18.20.050 Determination of jurisdiction.
At the time a complete application for a coastal development permit is made, the community development director shall determine the applicable review procedure as established herein.
A. Types of Applications. The community development director shall first determine whether the proposed development is:
1. Subject to the requirement for a coastal development permit from the Coastal Commission because the proposed development is below the line of the mean high tide, or on submerged lands or public trust lands, whether filled or unfilled; or
2. Appealable to the Coastal Commission consistent with Sections 18.20.020 and 18.20.075; or
3. Exempt from the coastal development permit requirements as defined in Section 18.20.030; or
4. Subject to the requirement of securing a coastal development permit to be issued by the city.
B. Jurisdiction.
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, as delineated on the local coastal program post-certification permit and jurisdiction map as amended.
2. Any proposed development within the certified area which the city preliminarily approved before effective certification of the local coastal program but which has not been filed complete with the Coastal Commission for approval shall be resubmitted to the city through an application pursuant to this certified local coastal program. The standard for review for such an application shall be the requirements of this certified local coastal program. Any application fee paid to the Coastal Commission shall be refunded to the applicant.
3. Any proposed development within the certified area which the city preliminarily approved before effective certification of the local coastal program and for which an application has been filed complete with the Coastal Commission may, at the option of the applicant, remain with the Coastal Commission for completion of review. Coastal Commission review of any such application shall be based solely upon the requirements of this certified local coastal program.
Alternatively, the applicant may resubmit the application to the city through an application pursuant to the requirements of this certified local coastal program. The standard of review for such an application shall be the requirements of this certified local coastal program. Any application fee paid to the Coastal Commission shall be refunded to the applicant.
4. Upon effective certification of a certified local coastal program, no applications for development shall be accepted by the Coastal Commission for development within the certified area.
5. Development authorized by a Coastal Commission issued-permit remains under the jurisdiction of the Coastal Commission for the purposes of condition compliance, amendment, extension, reconsideration, and revocation.
C. Permit Review.
1. Coastal Commission. The Coastal Commission shall review and act on all coastal development permits for development below the mean high tide, submerged lands or public trust lands, whether filled or unfilled.
2. Planning Commission or City Council. The planning commission, or the city council where it has the final approval of other discretionary permits for the proposed development, shall approve, conditionally approve or deny all coastal development permits.
3. Community Development Director. The community development director shall review and act on any other development requiring a coastal development permit not specifically addressed in subsections (C)(1) and (2) of this section.
D. Appeals of the Community Development Director’s Determination of Jurisdiction. Within five days of submitting an application for a coastal development permit, the community development director shall determine whether the application shall be considered by the planning commission and/or city council, or the city and the Coastal Commission. An applicant or any other person who does not agree with the community development director’s determination may challenge the determination. Appeals of the community development director’s determination shall be made to the planning commission. Appeals of the planning commission’s determination shall be made to the city council.
If the determination of the city is challenged by the applicant or interested person, or if the city wishes to have a Coastal Commission determination as to the appropriate designation, the city shall notify the Coastal Commission by telephone of the dispute and shall request an executive director’s opinion. The executive director shall, within two working days of the city’s request (or upon completion of a site inspection where such inspection is warranted), transmit his or her determination as to whether the development is categorically excluded, nonappealable or appealable. Where, after the executive director’s investigation, the executive director’s determination is not in accordance with the city’s determination, the Coastal Commission shall hold a hearing for purposes of determining the appropriate designation for the area. The Coastal Commission shall schedule the hearing of the determination for the next commission meeting (in the appropriate geographic region of the state) following the city’s request. (Ord. C-2015-04 §1(part), 2015; 1996 zoning code (part)).
18.20.055 Hearing required.
A. A public hearing shall be required:
1. On all appealable development; and
2. Prior to the approval of any coastal development permit where the development would require a hearing as part of action on any other required permits, review, or discretionary action.
B. Submittal of Written Comments. Any person may submit written comments to the community development 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.
C. Concurrent Processing and Hearings. A public hearing on a coastal development permit may be held concurrently with any other public hearing on the development. (Ord. C-2015-04 §1(part), 2015; 1996 zoning code (part)).
18.20.060 Notice required.
The city shall provide notice of all applications for a coastal development permit as follows:
A. Contents of Notice. All notices shall include the following information:
1. A statement that the development is within the coastal zone;
2. The name and address of the applicant;
3. The file number assigned to the proposed development, and the date the application was filed;
4. A description of the proposed development, including its location;
5. The date, time and place of the public hearing on the coastal development permit, if required, or where no public hearing is required, the date the application will be acted upon by the local governing body or decision-maker; the date by which comments on the proposed coastal development permit must be received; and the address to which these comments should be sent;
6. A brief description of the review process for the coastal development permit, including, where applicable, hearings, public comment periods, submission of public comments prior to decisions, any requirements for coastal resource reports, local action and appeals. Where the proposed development is located within the appealable area of the coastal zone, the notice shall state that local actions on the coastal development permit are appealable to the Coastal Commission by any aggrieved person.
B. Provision of Notice. The city shall give notice of its review of the coastal development permit, as follows:
1. Publication of Notice. The city shall publish a notice for public hearings on any coastal development permit for the development one time at least ten calendar days before the public hearing. The city shall publish a notice for any coastal development permit not requiring a public hearing one time at least ten days before the end of the public comment period on the coastal development permit. All notices required by this section shall be published in a newspaper with general circulation in the city. If a public hearing is continued to a date and time that is not specified at the public hearing, notice of the continued public hearing shall be published and distributed in the same manner and the same time limits as for the initial notice.
2. Mailing of Notices. At least seven calendar days prior to the first public hearing or prior to the city’s decision where no public hearing is required, the city shall mail a notice of the public hearing or pending decision for any coastal development permit to the following:
a. The applicant;
b. The owner of the property or his or her authorized agent;
c. Each local agency providing water, sewage, streets, roads, schools or other essential facilities or services to the development;
d. The owners of all real property, as shown on the latest equalized assessment roll, within one hundred feet of the site of the development for appealable developments and for nonappealable developments which do not require a public hearing, and within three hundred feet of the site for nonappealable developments requiring a public hearing;
e. All persons who have requested, within the preceding year, notice of all actions on coastal development permits within the city or on the particular site of the development or who have requested notice of all actions affecting any or all designated coastal resource areas;
f. The Coastal Commission; and
g. All residents with one hundred feet of the site of the development.
3. Posting of Notices. At the time an application for coastal development permit is filed (or within seven days), the applicant must post public notice at a conspicuous place, easily read by the public and as close as possible to the site of the proposed development, that an application for a permit for the proposed development has been submitted to the city. The applicant shall use a standardized form provided by the community development director and the notice shall contain a general description of the nature of the proposed development. If the applicant fails to post and maintain the completed notice form until the permit becomes effective, the community development director shall refuse to file the application, or shall withdraw the application from filing if it has already been filed when he or she learns of such failure.
4. Notice of Decision. Within seven calendar days of any decision by the city council, or within seven days of expiration of the local appeal period on decisions made by the planning commission, the community development director shall mail notice of the decision to the Coastal Commission, and to any person identified in subsection (B)(2)(e) of this section, and shall include findings for approval and any conditions of project approval if approved, or any findings for denial if denied to the applicant, and procedures for appeal of the local decision to the Coastal Commission. (Ord. C-2015-04 §1(part), 2015; 1996 zoning code (part)).
18.20.065 Conditions.
The approving authority may apply conditions to a coastal development permit as necessary to ensure conformance with, and implementation of, the local coastal program. Modification and resubmittal of project plans, drawings and specifications may be required to ensure conformance with the local coastal program. (1996 zoning code (part)).
18.20.070 Findings required.
A coastal development permit may be approved or conditionally approved only after the approving authority has made the following findings:
A. Local Coastal Program. The development as proposed or as modified by conditions conforms to the local coastal program;
B. Growth Management System. The development is consistent with the annual population limitation system established in the land use plan and zoning ordinance;
C. Zoning Provisions. The development is consistent with the use limitations and property development standards of the base district as well as the other requirements of the zoning ordinance;
D. Adequate Services. Evidence has been submitted with the permit application that the proposed development will be provided with adequate services and infrastructure at the time of occupancy in a manner that is consistent with the local coastal program; and
E. California Coastal Act. Any development to be located between the sea and the first public road conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act.
F. Design Review Criteria. The community development director, planning commission or city council has reviewed and considered each specific case and any and all of the following criteria in determining that the following architectural and site design standards have been satisfactorily addressed:
1. Where more than one building or structure will be constructed, the architectural features and landscaping thereof shall be harmonious. Such features include height, elevations, roofs, material, color and appurtenances.
2. Where more than one sign will be erected or displayed on the site, the signs shall have a common or compatible design and locational positions and shall be harmonious in appearance.
3. The material, textures, colors and details of construction shall be an appropriate expression of its design concept and function and shall be compatible with the adjacent and neighboring structures and functions. Colors of wall and roofing materials shall blend with the natural landscape and be nonreflective.
4. The design shall be appropriate to the function of the project and express the project’s identity.
5. The planning and siting of the various functions and buildings on the site shall create an internal sense of order and provide a desirable environment for occupants, visitors and the general community.
6. The design shall promote harmonious transition in scale and character in area located between different designated land uses.
7. The design shall be compatible with known and approved improvements and/or future construction, both on and off the site.
8. Sufficient ancillary functions provided to support the main functions of the project shall be compatible with the project’s design concept.
9. Access to the property and circulation systems shall be safe and convenient for equestrians, pedestrians, cyclists and vehicles.
10. Where feasible, natural features shall be appropriately preserved and integrated with the project.
11. The design shall be energy efficient and incorporate renewable energy design elements including, but not limited to:
a. Exterior energy design elements;
b. Internal lighting service and climatic control systems; and
c. Building siting and landscape elements.
12. Design review has been conducted pursuant to Title 14 and associated affirmative findings have been made.
G. In reviewing applications for additions to, or exterior alteration of, any historic resource, the planning commission serving as the city historic preservation commission shall be guided by the Secretary of the Interior’s “Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings” and any design criteria adopted by ordinance or resolution of the city.
1. The proposed work is consistent with an adopted historic resource plan; or
2. The proposed work is necessary for the maintenance of the historic building structure, site or object in its historic form, or for restoration to its historic form; or
3. The proposed work is a minor change which does not affect the historic fabric of the building, structure, site or object; or
4. The proposed alteration retains the essential architectural elements which make the resource historically valuable; or
5. The proposed alteration maintains continuity and scale with the materials and design context of the historic resource to the maximum extent feasible; or
6. The proposed alteration, as conditioned, does not significantly and adversely affect the historic, archaeological, architectural, or engineering integrity of the resource; or
7. The planning commission serving as the historic preservation commission have considered the recommendation of any city council appointed advisory committee or commission, and have reviewed the project and any necessary and appropriate conditions of approval have been incorporated into the final project plans. (Ord. C-2019-03 §2(Exh. A)(part), 2019: Ord. C-2015-04 §1(part), 2015; Ord. C-2014-10 §5, 2014; Ord. C-1996 zoning code (part)).
18.20.075 Appeals and finality of city action.
Development under an approved coastal development permit shall not begin until all applicable appeal periods expire or, if appealed, until all appeals, including those to the Coastal Commission, have been exhausted. Grounds for an appeal of a coastal development permit issued pursuant to this chapter shall be limited to an allegation that the development does not conform to the standards set forth in the certified local coastal program or the coastal access policies of the Coastal Act.
A. Action by the Community Development Director. Action by the community development director to approve, conditionally approve or deny any coastal development permit may be appealed to the planning commission on or before the tenth working day following such action.
B. Action by the Planning Commission. Action by the planning commission to approve, conditionally approve or deny any coastal development permit may be appealed to the city council on or before the tenth working day following such action.
C. Action by the Community Development Director, Planning Commission, or City Council. Action by the community development director, planning commission, or city council on a coastal development permit for the following types of development may be appealed to the Coastal Commission:
1. Developments approved by the city between the sea and the first public road paralleling the sea or within three hundred feet of the inland extent of any beach or the mean high tide line of the sea where there is no beach, whichever is the greater distance;
2. Any project involving the development of a major public works project or a major energy facility;
3. Developments approved by the city that are located on tidelands, submerged lands, public trust lands, within one hundred feet of any wetland, estuary, or stream, or within three hundred feet of the top of the seaward face of any coastal bluff.
D. Exception. Except for a major public works project or an energy facility, any action by the city council to deny a coastal development permit is final. Grounds for an appeal to the Coastal Commission of a city council approval of a coastal development permit for a major public works facility or energy facility shall be limited to an allegation that the development does not conform to the standards set forth in the certified local coastal program or the public access policies of the Coastal Act. The grounds for an appeal of a denial of a major public works or major energy facility shall be limited to an allegation that the development conforms to the standards set forth in the certified local coastal program and the public access policies set forth in this division.
E. Appeals. An appeal pursuant to this chapter may be filed by the applicant for the coastal development permit, any aggrieved person who has exhausted local appeals, or any two members of the Coastal Commission. Persons who do not participate on a local level will not be able to appeal at the Coastal Commission level.
1. Except for appeals to the Coastal Commission, appeals shall be filed with the community development director on a form supplied by the planning department. The appeal shall be accompanied by a fee set by resolution of the city council and a statement of the grounds of the appeal. Appeals to the Coastal Commission shall be filed in accordance with Coastal Commission procedures and Title 14, Subchapter 12 of the California Code of Regulations.
2. The community development director shall forward an appeal of an action on a local coastal development permit, together with a description of the action of the approving authority to the appropriate body specified in subsection A or B of this section for its action.
3. Appeals of actions on coastal development permits to the planning commission or city council shall be considered as follows:
a. Appeal Hearing Data. An appeal shall be scheduled for a hearing before the appellate body within thirty days of the receipt by the community development director of an appeal, unless both applicant and appellant consent to a later date.
b. Notice and Public Hearing. A hearing on an appeal shall be a public hearing if the decision being appealed required a public hearing such as action on development appealable to the Coastal Commission as provided for in Section 18.20.020 and this section. Notice of public hearings shall be given as required for the decision being appealed.
c. Plans and Materials. At an appeal hearing, the appellate body shall consider only the same applications, plans, and related project materials that were considered in the original decision. The community development director shall verify compliance with this provision.
d. Hearing. At the hearing, the appellate body shall review the, record of the decision and hear testimony from the appellant, applicant and any other interested party.
e. Decision and Notice. After the hearing, the appellate body shall affirm, modify or reverse the original decision. When a decision is modified or reversed, the appellate body shall state the specific reasons for modification or reversal. Decisions on appeals shall be made at the appeal hearing, unless the public hearing is continued to another time and date at which the decision shall be rendered at the close of the hearing. Notice of the decision on appeals shall be mailed within five working days of the date of decision to the applicant, appellant and any other party requesting notice.
F. Finality of City Action. A decision by the city on an application for development shall not be deemed complete until:
1. The local decision on the application has been made and all required findings have been adopted, including specific factual findings supporting the legal conclusions that the proposed development is or is not in conformity with the certified local coastal program and, where applicable, with the public access and recreation policies of the Coastal Act; and when
2. All local rights of appeal have been exhausted as defined in subsection I of this section.
G. Final City Action--Notice.
1. Failure to Act--Notice.
a. Notification by Applicant. If the city has failed to act on an application within the time limits set forth in Government Code Sections 65950 through 65957.1, thereby approving the development by operation of law, the person claiming a right to proceed pursuant to Government Code Sections 65950 through 65957.1 shall notify, in writing, the city and the Coastal Commission of his or her claim that the development has been approved by operation of law. Such notice shall specify the application which is claimed to be approved.
b. Notification by City. When the city determines that the time limits established pursuant to Government Code Sections 65950 through 65957.1 have expired, the city shall, within seven calendar days of such determination, notify any person entitled to receive notice pursuant to Section 18.20.060 that the application has been approved by operation of law pursuant to Government Code Sections 65950 through 65957.1 and the application may be appealed to the Coastal Commission. This section shall apply equally to a local government determination that the project has been approved by operation of law and to a judicial determination that the project has been approved by operation of law.
H. City Action--Effective Date. A final decision on an application for an appealable development shall become effective after the ten-working-day appeal period to the Coastal Commission has expired unless either of the following occurs:
1. An appeal is filed in accordance with Title 24, Section 13111 of the California Code of Regulations; or
2. The notice of final city action does not meet the requirements of Section 18.20.060.
When either of the circumstances in subsection (I)(1) or (2) of this section occur, the Coastal Commission shall, within five calendar days of receiving notice of that circumstance, notify the city and the applicant that the effective date of the city’s action has been suspended.
I. Exhaustion of City Appeals.
1. An appellant shall be deemed to have exhausted local appeals and shall be qualified as an aggrieved person where the appellant has pursued his or her appeal to the local appellate body or bodies as required by the city’s appeal procedures; except that exhaustion of all local appeals shall not be required if any of the following occur:
a. The appellant is required to appeal to more local appellate bodies than have been certified as appellate bodies for permits in the coastal zone in the implementation section of the certified local coastal program.
b. An appellant was denied the right of the initial local appeal by a local ordinance which restricts the class of persons who may appeal a local decision.
c. An appellant was denied the right of local appeal because local notice and hearing procedures for the development did not comply with provisions of this chapter.
d. An appeal fee for the filing or processing of appeals is charged.
2. Where a project is appealed by any two members of the Coastal Commission, there shall be no requirement of exhaustion of local appeals. (Ord. C-2015-04 §1(part), 2015; 1996 zoning code (part)).
18.20.080 Expiration of coastal development permit.
A coastal development permit shall expire on the latest expiration date applicable to any other discretionary or ministerial permit or approval required for the development, including any extension granted for other permits or approvals. Should the development not require city permits or approvals other than a coastal development permit, the coastal development permit shall expire one year from its date of approval if the development has not begun during that time. (1996 zoning code (part)).
18.20.085 Permit amendment and extensions.
Upon application by the permittee, a coastal development permit may be amended or extended by the approving authority. Application for and action of an amendment shall be accomplished in the same manner specified by this chapter for the initial approval of the coastal development permit.
All sections of this chapter dealing with the specific type of coastal development permit shall apply to permit amendments. (1996 zoning code (part)).
18.20.090 Penalties and enforcement.
A. Penalties. Any person who performs or undertakes development in violation of this division, or inconsistent with any coastal development permit previously issued, when the person intentionally and knowingly performs the development in violation of this division or inconsistent with any previously issued coastal development permit, may be civilly liable in accordance with the provisions of Public Resources Code Division 20 (Coastal Act).
B. Enforcement. In addition to the enforcement provisions contained in this chapter, the provisions of Chapter 9 of Division 20 of the Public Resources Code shall also apply with respect to violations and enforcement. The community development director may, after a public hearing, order restoration of a site if it finds that the development has occurred without a coastal development permit from the appropriate authority, the development is inconsistent with the provisions of the Coastal Act, and the development is causing continuing resource damage. (Ord. C-2015-04 §1(part), 2015; 1996 zoning code (part)).