Chapter 19.01
DEFINITIONS
Sections:
19.01.020 Appealable coastal development and grounds for appeal.
19.01.050 Coastal development permit.
19.01.080 Development, excluded.
19.01.090 Development, nonappealable.
19.01.150 Public works project.
19.01.010 Aggrieved person.
“Aggrieved person” means any person, including the applicant, who:
A. Testified personally, or through a representative, or submitted written testimony at a hearing on an application for an “appealable coastal development permit” (as defined in this chapter); or
B. By other appropriate means prior to the hearing informed the city of the nature of his or her concerns; or
C. For good cause was unable to do either of the acts required by subsection A or B of this section; or
D. Submitted written testimony at least twenty-four hours prior to such a hearing, if no appearance is made by that person at said public hearing, and requested that that testimony be made a part of the public record for such hearing; or
E. When no hearing is required, informed the director of planning, either in writing or personally, of an interest in the subject of an appealable coastal development permit at least five days prior to the date upon which action is taken upon an appealable coastal development permit. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 535 § C, 1991)
19.01.020 Appealable coastal development and grounds for appeal.
A. Any action taken by the city to approve a coastal development permit within the coastal zone which meets the criteria of subsections (A)(1) through (4) of this section shall be an appealable coastal development (hereinafter, an “ACDP”) and may be appealed to the Coastal Commission only after exhaustion of all city appeal remedies, if any:
1. An approval by the city for a development (as defined in this chapter) which lies (a) between the sea and the first public road paralleling the sea; or (b) within three hundred feet of the inland 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. An approval by the city for a development not included in subsection (A)(1) of this section, but which is located on tidelands, submerged lands, or public trust lands; or 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 (as defined in this chapter);
3. An approval by the city for a development which is not included in subsections (A)(1) and (2) of this section, but which is located in a sensitive coastal resource area;
4. Any development approved by the city for any major public works project and any major energy facility for which the estimated cost is greater than fifty thousand dollars.
B. The “grounds for appeal” shall be limited to one or more of the following allegations:
1. For developments described in subsection (A)(1) of this section:
a. The development interferes with or fails to provide adequate physical access to a public or private commercial use.
b. The development fails to protect public views from any public road or from a recreational area to and along the coast.
c. The development is not compatible with the established physical scale of the area.
d. The development may significantly alter existing natural landforms.
e. The development does not comply with shoreline erosion and geologic setback requirements.
f. The development does not comply with the public access and public recreational policies and requirements of the California Coastal Act, as contained in Chapter 3, commencing with Cal. Pub. Res. Code § 30200.
2. For all developments described in subsections (A)(2) through (A)(4) of this section, an allegation that the development does not conform with the city’s certified LCP. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 535 § C, 1991)
19.01.030 Bluff.
A “bluff” means any scarp or steep face of rock, decomposed rock, sediment or soil resulting from erosion, faulting, folding or excavation of the land mass. A bluff may be a simple planar, a curved surface or a steplike section. For purposes of this chapter, bluff is limited to those features having vertical relief of ten feet or more. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 535 § C, 1991)
19.01.040 Bluff edge.
A “bluff edge” means the upper termination of a bluff. When the top edge of a bluff is rounded away from the face of the bluff as a result of erosion related to the presence of a steep bluff face, the edge shall be defined as that point nearest the bluff beyond which the downward gradient of the surface increases more or less continuously until it reaches the general gradient of the bluff below such rounding. In a case where the bluff contains a series of steplike features at the top of the bluff face, the bluff edge shall be the edge of the topmost riser on the bluff. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 535 § C, 1991)
19.01.050 Coastal development permit.
“Coastal development permit” means a permit for any development within the coastal zone which is required pursuant to Cal. Pub. Res. Code § 30600(a). (Ord. 701 § 2 (Exh. 1), 2012; Ord. 535 § C, 1991)
19.01.060 Coastal zone.
“Coastal zone” means that land and water area of the city as described and shown on the maps required and identified in the Coastal Act of 1976, as amended, by Section 30103 of Cal. Pub. Res. Code § 30000. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 535 § C, 1991)
19.01.070 Development.
Whether lying on land outside of the water, or in or under water, each of the following shall be a “development” for purposes of this chapter:
A. The placement or erecting of any solid material or structure;
B. The discharge or disposal of any dredged material or any gaseous, liquid, solid or thermal waste;
C. Grading, removing, dredging, mining or extraction of any materials;
D. A change in density or intensity of the use of any land, including but not limited to (1) any subdivision created pursuant to the Subdivision Map Act commencing with Cal. Gov. Code § 66410, (2) any other division of land, including lot splits; provided, however, that where a land division is brought in connection with the purchase of said land by a public agency for public recreational use, such division shall not constitute a development for purposes of this chapter;
E. Any change in the intensity of the use of water, or access thereto;
F. Construction, reconstruction, demolition or any alteration of the size of any structure, including but not limited to any private, public or municipal utility;
G. The removal or harvesting of major vegetation other than for agricultural purposes. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 535 § C, 1991)
19.01.080 Development, excluded.
An “excluded development” means:
A. Improvements to existing single-family residences, pursuant to California Code of Regulations Section 13250.
B. Improvements to any structure other than a single-family residence or a public works facility, pursuant to California Code of Regulations Section 13253.
C. Any improvements to an existing structure, including replacement of a structure destroyed by a natural disaster, other than a major public works facility, which is in conformity with requirements of Cal. Pub. Res. Code § 30610(g), and any repairs or maintenance of an existing structure which do not result in an addition to, or enlargement of, the structure, unless any of the following apply:
1. There exists a risk of an adverse environmental impact or impacts;
2. There will be an adverse impact on public access to the coast;
3. The improvement, repair or maintenance constitutes a change in use which is not in conformity with the city’s certified LCP.
D. Any category of development which may be determined by the Coastal Commission to have no potential for any significant impact on the environment, coastal resources or public access to the coast.
E. Minor public works projects limited to:
1. The erection of public signs;
2. Those listed in the repair, maintenance and utility hookup exclusions from permit requirements, including Appendix I thereto, adopted by the California Coastal Commission on September 5, 1978, which is incorporated herein by this reference, and pertaining to excluded activity with regard to roads, public utilities and miscellaneous alterations; or
3. Maintenance and repair of public facilities in an emergency (as defined in this chapter) and as permitted by PVEMC 19.02.130. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 535 § C, 1991)
19.01.090 Development, nonappealable.
“Nonappealable development” means any development in the coastal zone which is not an appealable development or an excluded development. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 535 § C, 1991)
19.01.100 Disaster.
“Disaster” means any situation in which the force or forces which destroyed the structure to be replaced was (were) beyond the control of its owners. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 535 § C, 1991)
19.01.105 Emergency.
An “emergency” means a sudden, unexpected occurrence demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property or essential public services. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 535 § C, 1991)
19.01.110 Final decision.
“Final decision” means a decision made by the city to approve a coastal development permit, whether after hearing by the city’s planning commission, city council or a hearing officer (as defined in this chapter), for any application seeking approval to construct, erect or install a development which is other than an excluded development, and for which all:
A. Required findings supporting the legal conclusion that the proposed development is, or is not, in conformity with the city’s certified LCP and the public access and recreation policies of Chapter 3 of the Coastal Act, commencing with Cal. Pub. Res. Code § 30200; and
B. Rights of appeal to the city, if any, have been exhausted. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 535 § C, 1991)
19.01.120 Hearing officer.
The “hearing officer” for developments which are heard by other than the planning commission and/or the city council shall be the director of planning or his or her designee. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 535 § C, 1991)
19.01.130 Open space.
“Open space” means land in the coastal zone which is designated on the zoning map, pursuant to Chapter 18.16 PVEMC, as an open space (OS) zone. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 535 § C, 1991)
19.01.140 Parklands.
“Parklands” for purposes of this chapter shall have the same meaning as that set forth in PVEMC 12.24.010(A); i.e., any grounds, avenues, parkways and areas under the control, management and direction of the city. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 535 § C, 1991)
19.01.145 Public view point.
“Public view point” means any publicly owned beach, park, bluff area or other location in the coastal zone to which the public has access and from which it can view development in the coastal zone. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 535 § C, 1991)
19.01.150 Public works project.
A “public works project” for purposes of this chapter means any action undertaken by the city or by any other governmental entity to construct or alter any public structure or utility right-of-way, including but not limited to improvement of public streets and development of public utilities. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 535 § C, 1991)
19.01.160 Structure.
“Structure” as used in this chapter shall include, but shall not be limited to, any building, road, pipe, pipeline, flume, conduit, siphon, aqueduct, telephone line or electrical power transmission and distribution line; provided, however, that for purposes of the replacement of a structure destroyed by a disaster, “structure” also includes landscaping and erosion-control devices. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 535 § C, 1991)