Chapter 21.52
COASTAL DEVELOPMENT REVIEW PROCEDURES
Sections:
21.52.015 Coastal Development Permits.
21.52.025 Emergency Coastal Development Permits.
21.52.035 Projects Exempt from Coastal Development Permit Requirements.
21.52.045 Categorical Exclusions.
21.52.055 Waiver for De Minimis Development.
21.52.075 Coastal Commission Review of Recorded Access Documents.
21.52.090 Relief from Implementation Plan Development Standards.
21.52.010 Purpose.
This chapter provides procedures to ensure that all public and private development in the coastal zone is consistent with the California Coastal Act of 1976 (Division 20 of the Public Resources Code) as amended, in accordance with the City’s Local Coastal Land Use Plan and the City’s Local Coastal Program. The provisions of this chapter shall apply in the coastal zone, as defined by the Coastal Act. Furthermore, the provisions of this chapter, and as applicable the Coastal Act and regulations, shall be utilized to determine whether or not a proposal in the City’s permitting jurisdiction constitutes development and whether or not that development requires a coastal development permit or is exempt. No provision contained in any other chapter of the Implementation Plan, nor in any other City policy or regulations, shall be used in such determinations. (Ord. 2016-19 § 9 (Exh. A)(part), 2016)
21.52.015 Coastal Development Permits.
A. Coastal Development Permit Required. Any development in the coastal zone shall require a coastal development permit issued by the City pursuant to Chapter 21.50, or the Coastal Commission, unless exempt or excluded from coastal development permitting requirements. Development undertaken pursuant to a coastal development permit shall conform to the plans, specifications, terms and conditions of the permit. The requirements for obtaining a coastal development permit shall be in addition to requirements to obtain any other permits or approvals required by other articles of this title, other City ordinances or codes or from any state, regional or local agency. If conflicts between this chapter and other city ordinances or codes arise, this chapter shall govern.
B. Permit Jurisdiction. After the effective certification of the LCP and the Coastal Commission’s delegation of authority to the City, the City shall issue all coastal development permits for development not located within the Coastal Commission’s permit jurisdiction.
1. Coastal Development Permit Issued by the Coastal Commission. Developments on tidelands, submerged lands, and public trust lands as described in Public Resources Code Section 30519(b) and in deferred certification areas designated by the certified Local Coastal Program require a permit or exemption issued by the Coastal Commission in accordance with the procedure as specified by the Coastal Act. Areas of Coastal Commission permit jurisdiction and deferred certification areas are generally depicted on the Post-LCP Certification Permit and Appeal Jurisdiction Map.
a. Approval in Concept. All development in areas where the Coastal Commission retains coastal development permit authority shall require conceptual approval from the City prior to application to the Coastal Commission. An approval in concept indicates that the proposed development conforms in concept to all City land use and development regulations, including any applicable discretionary actions, and therefore entitles the applicant to apply to the Coastal Commission for a coastal development permit.
2. Coastal Development Permit Issued by the City. All development requires a coastal development permit unless specifically exempted or excluded. After certification of the LCP, the City shall issue all coastal development permits and exemptions or exclusions for development not located within the Coastal Commission’s permit jurisdiction.
C. Application Filing, Processing, and Review. An application for a coastal development permit shall be filed and processed in compliance with Chapter 21.50 (Permit Application Filing and Processing). The application shall include all of the information and materials specified by the Director, together with the required fee in compliance with the City’s fee schedule adopted by resolution. It is the responsibility of the applicant to provide evidence in support of the findings required by subsection (F) of this section (Findings and Decision).
D. Public Notice and Hearing Provisions.
1. Public Hearing Required. A public hearing shall be required before the decision on any coastal development permit application for development that is not exempted or excluded.
2. Notice. Notice of the hearing shall be provided and the hearing shall be conducted in compliance with Chapter 21.62 (Public Hearings).
E. Review Authority. The review authority identified in Table 21.50-1 (Section 21.50.020) is designated to approve, conditionally approve, or deny applications for coastal development permits and the modification or revocation thereof, in compliance with the procedures provided in this section. The review authority may not exercise its power to grant or deny applications for coastal development permits in a manner which will take or damage private property for public use, without the payment of just compensation therefor.
F. Findings and Decision. The review authority may approve or conditionally approve a coastal development permit application, only after first finding that the proposed development:
1. Conforms to all applicable sections of the certified Local Coastal Program;
2. Conforms with the public access and public recreation policies of Chapter 3 of the Coastal Act if the project is located between the nearest public road and the sea or shoreline of any body of water located within the coastal zone.
G. Conditions of Approval. The review authority may impose such reasonable terms and conditions in connection with the granting of a coastal development permit as deemed necessary ensure that the development will be in accordance with the certified Local Coastal Program and, if applicable, the public access and public recreation policies of Chapter 3 of the Coastal Act, and may require guarantees and evidence that such conditions are being or will be complied with.
H. Notice of Final Action. Within seven calendar days of the date of the City’s final local action on an exemption or coastal development permit application and meeting the requirements of Title 14 California Code of Regulations Section 13570, a notice of its final action shall be sent, by first class mail, to the applicant, the Coastal Commission, and any persons who specifically request such notice by submitting a self-addressed, stamped envelope to the City. Such notice shall be accompanied by a copy of the exemption, denial, or coastal development permit approval with conditions of approval and written findings and the procedures for appeal of the action to the Coastal Commission.
I. Post-Decision Procedures. The procedures and requirements in Chapter 21.54 (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Part 6 of this Implementation Plan (Implementation Plan Administration) shall apply following the decision on a coastal development permit application or exemption. (Ord. 2018-16 § 4 (Exh. A)(part), 2018; Ord. 2016-19 § 9 (Exh. A)(part), 2016)
21.52.025 Emergency Coastal Development Permits.
In the event of a verified emergency, temporary permits to proceed with remedial measures may be authorized by the Director until such time as a full coastal development permit shall be filed.
A. Application. An emergency coastal development permit application shall be made to the Director in writing, or if, in the opinion of the Director, time does not allow written application, the application may be made orally in person or by telephone or electronic mail and shall include the following:
1. A description of the nature or cause of the emergency and location of the emergency;
2. The location of the protective or preventative work required to deal with the emergency;
3. An explanation of the circumstances during the emergency that justify the action to be taken, including the probable consequences of failing to take action.
B. Limitations. The Director shall not grant an emergency coastal development permit for any development that falls within an area in which the Coastal Commission retains direct permit review authority. In such areas and for such developments, a request for an emergency authorization must be made to the Coastal Commission. In addition, a waiver for a coastal development emergency permit may be obtained from the Coastal Commission Executive Director for development that is required to protect life or public property in accordance with Section 30611 of the Coastal Act.
C. Application Review. The Director is the review authority for emergency coastal development permit applications. The Director’s determination to approve or deny the application shall be final. If the Director approves the application, the Director shall submit a report to the California Coastal Commission and the Planning Commission detailing the review and approval process, including the nature of the emergency and the remedial, protective, or preventive work required to deal with the emergency. Before making a determination, the Director shall verify the facts, including the existence and the nature of the emergency, insofar as time allows. 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 local official finds that:
1. An emergency exists that requires action more quickly than permitted by the procedures for regular permits administered pursuant to the provisions of Chapter 21.50, Permit Application Filing and Processing, and the work can and will be completed within thirty (30) days unless otherwise specified by the terms of the permit; and
2. Public comment on the proposed emergency action has been reviewed, if time allows; and
3. The work proposed would be consistent with the requirements of the certified Land Use Plan portion of the local government’s Local Coastal Program; and
4. The work proposed under the emergency permit shall be the minimum amount necessary to address the emergency.
D. Expiration. An emergency coastal development permit is valid for sixty (60) days from the date of issuance by the Director. The Director may extend an emergency permit for an additional sixty (60) days for good cause including but not limited to that a coastal development permit application is on file. (Ord. 2016-19 § 9 (Exh. A)(part), 2016)
21.52.035 Projects Exempt from Coastal Development Permit Requirements.
The following projects, when they are not located within the Coastal Commission’s jurisdiction, are exempt from the requirement to obtain a coastal development permit from the City:
A. Precertification. Any development authorized by a coastal development permit approved by the Coastal Commission before effective date of certification of the Local Coastal Program and has not expired.
B. Coastal Commission Permit Jurisdiction Areas. For developments in deferred certification areas and the Coastal Commission’s original jurisdiction, the Coastal Commission retains permit jurisdiction. Applicants wishing to perform development in these areas must apply directly to the Coastal Commission for authorization before commencing development.
C. Coastal Act Exemptions. Developments not located within the Coastal Commission’s permit jurisdiction determined to be exempt from the coastal development permit requirements pursuant to California Public Resources Code Section 30610. The following types of projects shall be so exempted unless they involve a risk of adverse environmental effects:
1. Existing Single-Unit Residential Buildings. Improvements to existing single-unit residential buildings, including all fixtures and other exterior structures directly attached to the residence; ancillary structures normally associated with single-unit residences, such as garages, swimming pools, fences, storage sheds, but not including guest houses or self-contained residential units; and landscaping on the lot. The following classes of development require a coastal development permit, however, because they involve a risk of adverse environmental effects:
a. Improvements to a single-unit structure where either the structure or the improvement is located on a beach, in a wetland or stream, seaward of the mean high tide line, within an environmentally sensitive habitat area, or in an area designated as highly scenic in the Certified Coastal Land Use Plan, or within fifty (50) feet of the edge of a coastal bluff.
b. Any significant alteration of landforms including removal or placement of vegetation on a beach, wetland, or sand dune, or within fifty (50) feet of the edge of a coastal bluff or stream, or in an environmentally sensitive habitat area.
c. Expansion or construction of a water well or septic system.
d. Improvements on property that is located between the sea and first public road paralleling the sea, or within three hundred (300) feet of the inland extent of any beach or of the mean high tide of the sea where there is no beach, whichever is the greater distance, or in significant scenic resources areas as designated by the Coastal Commission, when such improvements would constitute or result in any of the following:
i. An increase of ten (10) percent or more of the floor area of existing structure(s) on the building site or an additional improvement of ten (10) percent or less where an improvement to the structure has previously been undertaken pursuant to California Public Resources Code Section 30610(a) and/or this subsection.
ii. The construction of an additional story or loft or increase in building height of more than ten (10) percent.
iii. The construction, placement or establishment of any significant nonattached structure such as a garage, fence, shoreline protective works or docks.
e. In areas that the Coastal Commission has declared by resolution after a 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 such as, but not limited to, swimming pools or the construction or extension of any landscaping irrigation system.
f. Any improvement to a single-unit residence where the coastal development permit issued for the original structure indicates that any future improvements would require a coastal development permit.
In any particular case, even though an improvement falls into one of the classes set forth in this subsection (C)(1), the Director may, upon finding that the impact of the development on coastal resources or coastal access to be insignificant, waive the requirement of a permit pursuant to Section 21.52.055 (Waiver for De Minimis Development).
2. Other Existing Structures. Improvements to existing structures, other than single-unit residences or public works facilities, including all fixtures and other structures directly attached to the structure and landscaping. The following classes of development, however, 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 Coastal Act:
a. Improvements to any structure where either the structure or the improvement is located on a beach, in a wetland or stream, or seaward of the mean high tide line, in an area designated as highly scenic in the certified Coastal Land Use Plan, or within fifty (50) feet of the edge of a coastal bluff.
b. Any significant alteration of landforms, including removal or placement of vegetation, on a beach or sand dune; in a wetland a stream; or within one hundred (100) feet of the edge of a coastal bluff or stream, in a highly scenic area; or in an environmentally sensitive habitat area.
c. Expansion or construction of a water well or septic system.
d. Improvements on property that is located between the sea and first public road paralleling the sea, or within three hundred (300) feet of the inland extent of any beach or of the mean high tide of the sea where there is no beach, whichever is the greater distance, or in significant scenic resources areas as designated by the Coastal Commission, when such improvements would constitute or result in any of the following:
i. An increase of ten (10) percent or more of the internal floor area of existing structure(s) on the building site or an additional improvement of ten (10) percent or less where an improvement to the structure has previously been undertaken pursuant to California Public Resources Code Section 30610(a) and/or this subsection.
ii. The construction of an additional story or loft or increase in existing structure’s height by more than ten (10) percent.
iii. The construction, placement or establishment of any significant nonattached structure such as a garage, fence, shoreline protective works or docks.
e. In areas that the Coastal Commission has declared by resolution after a 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 such as, but not limited to, swimming pools or the construction or extension of any landscaping irrigation system.
f. Any improvement where the coastal development permit issued for the original structure indicates that any future improvements would require a coastal development permit.
g. Any improvement to a structure that changes the intensity of use of the structure.
h. 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.
In any particular case, even though an improvement falls into one of the classes set forth in this subsection (C)(2), the Director may, upon finding that the impact of the development on coastal resources or coastal access to be insignificant, waive the requirement of a permit pursuant to Section 21.52.055 (Waiver for De Minimis Development).
3. Maintenance Dredging. Maintenance dredging of existing navigation channels or moving dredged materials from those channels to a disposal area outside of the Coastal Zone, pursuant to a permit from the United States Army Corps of Engineers.
4. Repair and Maintenance. Repair or maintenance activities, with the exception of the following activities that involve a risk of substantial adverse environmental impacts:
a. Any method of repair or maintenance of a seawall revetment, bluff retaining wall, breakwater, groin, culvert, outfall, or similar shoreline work that involves:
i. Repair or maintenance involving substantial alteration of the foundation of the protective work including pilings and other surface or subsurface structures; or
ii. The placement, whether temporary or permanent, of riprap, or artificial berms of sand, or any other form of solid material, on a beach or in coastal waters, streams, wetlands, estuaries, or on shoreline protective works; or
iii. The replacement of twenty (20) percent or more of the materials of an existing structure with materials of a different kind; or
iv. The presence, whether temporary or permanent, of mechanized construction equipment or construction materials on any sand area or bluff or within twenty (20) feet of coastal waters or streams.
b. Any method of routine maintenance dredging that involves:
i. The dredging of one hundred thousand (100,000) cubic yards or more within a twelve (12) month period; or
ii. The placement of dredged spoils of any quantity within an environmentally sensitive habitat area, or any sand area, or within fifty (50) feet of the edge of a coastal bluff or environmentally sensitive habitat area, or within twenty (20) feet of coastal waters or streams; or
iii. The removal, sale, or disposal of dredged spoils of any quantity that would be suitable for beach nourishment in an area the Coastal Commission has declared by resolution to have a critically short sand supply that must be maintained for protection of structures, coastal access or public recreational use.
c. Any repair or maintenance to facilities or structures or work located in an environmentally sensitive habitat area, or any sand area, within fifty (50) feet of the edge of a coastal bluff or environmentally sensitive habitat area; or within twenty (20) feet of any coastal waters and streams that include:
i. The placement or removal, whether temporary or permanent, of riprap, rocks, sand or other beach materials or any other forms of solid materials;
ii. The presence, whether temporary or permanent, of mechanized equipment or construction materials, except that the use of such equipment solely for routine beach cleaning and park maintenance shall not require a coastal development permit;
iii. All repair and maintenance activities governed by this subsection (C)(4) shall be subject to the permit regulations promulgated pursuant to the Coastal Act, including but not limited to the regulations governing administrative and emergency permits. The provisions of this subsection (C)(4) shall not be applicable to those activities specifically in the document entitled Repair, Maintenance and Utility Hookups, adopted by the 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 disaster, the replacement of fifty (50) percent or more of a single-family residence, seawall, revetment, bluff retaining wall, breakwater, groin or any other structure is not repair and maintenance under California Public Resources Code Section 30610(d) but instead constitutes a replacement structure requiring a coastal development permit.
In any particular case, even though an improvement falls into one of the classes set forth in this subsection (C)(4), the Director may, upon finding that the impact of the development on coastal resources or coastal access to be insignificant, waive the requirement of a permit pursuant to Section 21.52.055 (Waiver for De Minimis Development).
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 approved pursuant to the Coastal Act or the certified LCP; provided, however, that the City or the Coastal Commission may, where necessary, require reasonable conditions to mitigate any adverse impacts on coastal resources, including scenic resources.
6. Replacement of Structures Destroyed by Disaster. The replacement of any structure, other than a public works facility, destroyed by a disaster, provided the following requirements are met:
a. The use of the replacement structure is the same as the use of the destroyed structure;
b. The replacement structure does not exceed either floor area, height, or bulk of the destroyed structure by more than ten (10) percent; and
c. The replacement structure is sited in the same location on the affected property as the destroyed structure.
7. Time-Share Conversions. Any activity anywhere in the coastal zone that involves the conversion of any existing multiple-unit residential structure to a time-share project, estate, or use, as defined in Section 11003.5 of the Business and Professions Code. If any improvement to an existing structure is otherwise exempt from the permit requirements of this part, no coastal development permit shall be required for that improvement on the basis that it is to be made in connection with any conversion exempt pursuant to this subsection. The division of a multiple-unit residential structure into condominiums, as defined in Section 783 of the Civil Code, shall not be considered a time-share project, estate, or use for purposes of this subsection.
D. Special and Temporary Events. Special and other temporary events that meet all of the following criteria may also be exempt from coastal development permit requirements:
1. The event will not occur on and between Memorial Day weekend and Labor Day or if proposed in this period will be of less than one day in duration including setup and take-down or will not significantly impact public use of roadways or parking areas or otherwise impact public use or access to coastal waters; and
2. The event will not occupy any portion of a public sandy beach or the location is remote with minimal demand for public use; and
3. There is no potential for adverse effect of sensitive coastal resources; and
4. A fee will not be charged for general public admission and/or seating where no fee is currently charged for use or event of the same area (not including booth or entry fees); or, if a fee is charged, it is for preferred seating only and more than seventy-five (75) percent of the provided seating capacity is available free of charge for general public use; and
5. Does not involve permanent structures or structures that involve grading or landform alteration for installation; or
6. 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.
The Director may determine that a temporary event shall be subject to coastal development permit review, even if the criteria in subsections (D)(1) through (6) of this section are 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. (Ord. 2018-16 § 4 (Exh. A)(part), 2018; Ord. 2016-19 § 9 (Exh. A)(part), 2016)
21.52.045 Categorical Exclusions.
A. Post-Certification Categorical Exclusions. The Coastal Commission may adopt a categorical exclusion after certification of this Implementation Plan pursuant to Section 30610(e) or 30610.5 of the Public Resources Code and Subchapter 4 or 5 of Chapter 6 of Division 5.5 of Title 14 of the California Code of Regulations (Sections 13215-235 and 240-249). Records of such categorical exclusions shall be kept on file with the Department.
B. Notice of Exclusion. A notice of exclusion shall be provided to the Coastal Commission and to any person who has requested such notice within five working days of issuance. The notice of exclusion may be issued at the time of project application but shall not become effective until all other approvals and permits required for the project are obtained. A copy of all terms and conditions imposed by the City shall be provided to the Coastal Commission, per Section 13315 of the California Code of Regulations. (Ord. 2016-19 § 9 (Exh. A)(part), 2016)
21.52.055 Waiver for De Minimis Development.
A. Authority. The Director may issue a written waiver from the coastal development permit requirements of this chapter for any development that is de minimis.
B. Determination of Applicability. A proposed development is de minimis if the Director determines, based on a review of an application for a coastal development permit, that the development satisfies all of the following requirements:
1. The proposed development is within the coastal zone and not located within an appeal area and not within an area where the Coastal Commission retains permit jurisdiction and no local public hearing is required.
2. The proposed development involves no potential for any adverse effect, either individually or cumulatively, on coastal resources and that it will be consistent with the certified Local Coastal Program. The determination shall be made in writing and based upon factual evidence.
C. Applicability. The Director may consider the following types of development for possible permit waivers:
1. Projects that would have been placed on the consent calendar of the City Council agenda without special conditions;
2. Projects fully consistent with the certified LCP and for which all applicable policies of the LCP are objective in nature, such that staff does not have to exercise its judgment as to satisfaction of subjective criteria; and
3. Projects located in areas where similar projects have been approved as a routine matter without conditions or opposition.
The following projects will not be considered for possible waivers:
1. Projects that involve questions as to conformity with the certified LCP, or that may result in potential impacts on coastal resources and public access;
2. Projects with known opposition or probable public controversy; and
3. Projects that involve divisions of land including condominiums.
D. Public Notice. If, upon review of the coastal development permit application, the Director determines that the development is de minimis, the applicant shall post public notice of the de minimis waiver on the property for at least seven calendar days prior to the final decision granting the waiver. Notice of intent to issue a de minimis waiver shall also be made to the Coastal Commission and to persons known to be interested in the proposed development within ten (10) calendar days of accepting an application for a de minimis waiver or at least seven calendar days prior to the decision on the application. The Director shall provide notice, by first class mail, of pending waiver of permit requirements. This notice shall be provided to all persons who have requested to be on the mailing list for that development project or site or for coastal decisions within the local jurisdiction, to all property owners and residents within three hundred (300) feet of the perimeters of the parcel on which the development is proposed, and to the Coastal Commission.
E. Content of Public Notice. The notice shall contain the following information:
1. A general description of the proposed project and location;
2. A statement that the development is within the coastal zone;
3. The date of filing of the application and the name of the applicant;
4. The number assigned to the application;
5. The date at which the waiver may become effective;
6. The general procedure concerning the submission of public comments either in writing or orally prior to the decision; and
7. 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 decision.
F. Report to the City Council. The Director shall report to the City Council at its next available public hearing those projects for which waivers are proposed, with sufficient description to give notice of the proposed development to the City Council. A list of waivers issued by the Director shall be available for public inspection at the public counter of the Community Development Department and at the City Council meeting during which any waivers are reported. A waiver shall not take effect until after the Director makes his/her report to the City Council. If two members of the City Council so request, such issuance shall not be effective and, instead, the application for a coastal development permit shall be processed in accordance with the coastal development permit provisions of this chapter. (Ord. 2018-16 § 4 (Exh. A)(part), 2018; Ord. 2016-19 § 9 (Exh. A)(part), 2016)
21.52.075 Coastal Commission Review of Recorded Access Documents.
A. Standards and Procedures. Upon final approval of a coastal development permit or other authorization for development, and where issuance of the permit or authorization is conditioned upon the applicant recording a legal document which restricts the use of real property or which offers to dedicate or grant an interest or easement in land for public use, a copy of the permit conditions, findings of approval, and drafts of any legal documents proposed to implement the conditions shall be forwarded to the Coastal Commission for review and approval prior to the issuance of the permit consistent with the following procedures and California Code of Regulations Section 13574:
1. The Executive Director of the Coastal Commission shall review and approve all legal documents specified in the conditions of approval of a coastal development permit for public access and conservation/open space easements.
a. Upon completion of permit review, and prior to the issuance of the permit, the City shall forward a copy of the permit conditions, findings of approval, and copies of the legal documents to the Executive Director of the Coastal Commission for review and approval of the legal adequacy and consistency with the requirements of potential accepting agencies;
b. The Executive Director of the Coastal Commission shall have fifteen (15) working days from receipt of the documents in which to complete the review and notify the City of recommended revisions if any;
c. The City may issue the permit upon expiration of the fifteen (15) working day period if notification of inadequacy has not been received by the City within that time period;
d. If the Executive Director has recommended revisions to the City, the permit shall not be issued until the deficiencies have been resolved to the satisfaction of the Executive Director; or
2. At the time of coastal development permit approval, if the City requests, the Coastal Commission shall delegate to the City the authority to process the recordation of the necessary legal documents pertaining to the public access and open space conditions. Upon completion of the recordation of the documents the City shall forward a copy of the permit conditions and findings of approval and copies of the legal documents pertaining to the public access and open space conditions to the Executive Director of the Coastal Commission. (Ord. 2016-19 § 9 (Exh. A)(part), 2016)
21.52.090 Relief from Implementation Plan Development Standards.
A. Purpose. The purpose of this section is to provide relief from the development standards of this Implementation Plan when so doing is consistent with the purposes of the certified Local Coastal Program and will not have an adverse effect, either individually or cumulatively, on coastal resources.
B. Applicability. Any development standard of this Implementation Plan may be modified or waived through the approval of a coastal development permit, except: allowed and prohibited uses; residential density; nonresidential floor area ratios; specific prohibitions (for example, prohibitions intended to protect coastal resources, prohibited barriers to public access, limits on the use of protective structures, prohibited materials, prohibited plant species, prohibited signs, etc.); or procedural requirements.
1. Modifications. Minor deviations for the following development standards may be permitted when practical difficulties associated with the property and the strict application of the Implementation Plan result in physical hardships:
a. Height modifications from exceptions identified in Part 3 of this title (Site Planning and Development Standards). The following modifications are limited to not more than a ten (10) percent deviation from the standard being modified:
i. Chimneys, rooftop architectural features, and vents in excess of the exception to the allowed height limits identified in Part 3 of this title (Site Planning and Development Standards);
ii. Flag poles in excess of the exception to the allowed height limits; and
iii. Heights of fences, hedges, or walls (except retaining walls).
b. Setback Modifications. The following modifications are limited to not more than a ten (10) percent deviation from the standard being modified:
i. Encroachments in front, side, or rear setback areas while still maintaining the minimum clearances required by Section 21.30.110 (Setback Regulations and Exceptions). Exceptions include the following:
(A) Modifications shall not be allowed for encroachments into alley setbacks; and
(B) Modifications shall not be allowed for encroachments into bluff setback areas.
ii. Structural appurtenances or projections that encroach into front, side, or rear setback areas.
c. Sign Modifications. Modifications shall be allowed for an increase in allowed number and area of signs and an increase in allowed height modifications for pylon signs up to a maximum of twenty-four (24) feet, and up to a maximum of eight feet for monument signs.
d. Retaining Wall Modifications. Modifications shall be allowed for an increase in the allowed height of retaining walls up to a maximum of ten (10) feet.
e. Other Modifications. Except as otherwise provided, the following modifications are not limited in the amount of deviation from the standard being modified:
i. Distances between structures located on the same lot;
ii. Landscaping standards in compliance with Section 21.30.075 (Landscaping), except for subsection (B)(3);
iii. Size or location of parking spaces, access to parking spaces, and landscaping within parking areas, provided the modification does not result in an adverse impact to public on-street parking spaces;
iv. Increase in allowed floor area of additions for uses that have nonconforming parking; provided required parking for the additional square footage is provided and other requirements per Section 21.38.060 (Nonconforming Parking).
2. Variances. Waiver or modification of certain standards of this Implementation Plan may be permitted 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 coastal zoning district.
3. Modifications and Waivers Authorized Elsewhere. This section is not applicable when a modification or waiver to a development standard is specifically authorized elsewhere in this Implementation Plan.
C. Considerations. In reviewing a coastal development permit application for development requesting a modification or variance, the review authority shall consider the following:
1. Whether or not the development is consistent with the certified Local Coastal Program to the maximum extent feasible; and
2. Whether or not there are feasible alternatives that would provide greater consistency with the certified Local Coastal Program and/or that are more protective of coastal resources.
D. Findings and Decision. The review authority may approve or conditionally approve a modification or waiver to a development standard of this Implementation Plan only after first making all of the following findings:
1. The granting of the modification is necessary due to practical difficulties associated with the property and that the strict application of the Implementation Plan results in physical hardships; or
2. The granting of the variance is necessary due to special circumstances applicable to the property, including location, shape, size, surroundings, topography, and/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 coastal zoning district; and
3. The modification or variance complies with the findings required to approve a coastal development permit in Section 21.52.015(F);
4. The modification or variance will not result in development that blocks or significantly impedes public access to and along the sea or shoreline and to coastal parks, trails, or coastal bluffs;
5. The modification or variance will not result in development that blocks or significantly impairs public views to and along the sea or shoreline or to coastal bluffs and other scenic coastal areas;
6. The modification or variance will not result in development that has an adverse effect, either individually or cumulatively, on coastal resources, including wetlands, sensitive habitat, vegetation, or wildlife species; and
7. The granting of the modification or variance will not be contrary to, or in conflict with, the purpose of this Implementation Plan, nor to the applicable policies of the certified Local Coastal Program. (Ord. 2019-5 § 6, 2019)