Chapter 18.03
COASTAL PERMITS
Sections:
18.03.020 Coastal permit requirements.
18.03.050 Coastal permit process.
18.03.060 Determination of permit requirement.
18.03.080 Expiration of coastal permits.
18.03.090 Coastal permit amendments.
18.03.100 Denial of coastal permit applications.
18.03.110 Coastal permit application requirement and fees.
18.03.120 Coastal permit appeals.
18.03.010 Purpose.
The purpose of this chapter is to establish the coastal permit process for the review of all development within the city of Seaside’s coastal zone to ensure that development projects are consistent with the intent and requirements of the Coastal Act and the city’s local coastal land use plan (LUP), and to ensure timely review and action on proposed projects. (Ord. 1006 § 4 (Att. 1), 2013)
18.03.020 Coastal permit requirements.
A. Coastal Permit Required. Except as otherwise provided in SMC 18.03.030, Exemptions, persons wishing to undertake any development in the coastal zone shall obtain a coastal permit, either a coastal administrative permit (CAP) or a coastal development permit (CDP), in accordance with the provisions of this title.
B. Coastal Administrative Permit (CAP). Applications for development associated with a use that is listed as a principally permitted use in the respective category within the applicable zoning district and that: (1) as proposed is consistent with the LCP; (2) requires no discretionary approval other than a coastal permit; and (3) has no adverse effect either individually or cumulatively on coastal resources, including public access, shall obtain a coastal administrative permit (CAP).
C. Coastal Development Permit (CDP). Applications for development associated with a use that is listed as a conditional allowable use in the respective category within the applicable zoning district or any other development not meeting the criteria for a CAP shall obtain a coastal development permit (CDP).
D. Additional Permits. The review of a CDP application may be combined with and/or processed concurrently with the review of any other discretionary permit application required by other city ordinances. When an application for a development is proposed, the city shall not grant any such discretionary approval for development that conflicts with any policy or standard of this title. No such discretionary approval shall be effective until or unless a CDP is approved that authorizes the subject development.
E. Legal Development and Permitting Processes. Development that legally occurred prior to the effective date of the Coastal Act of 1976 or its predecessor, the Coastal Zone Conservation Act of 1972, if applicable, is considered lawfully established development. Improvements, repair, modification, or additions subject to such existing development may be subject to a CAP/CDP or other city permit in accordance with the provisions of this chapter. The CAP/CDP shall only be approved if the proposed development is consistent with the policies and standards of the city’s LCP.
F. Illegal Development and Permitting Processes. Development that occurred after the effective date of the Coastal Act of 1976 or its predecessor, the Coastal Zone Conservation Act of 1972, if applicable, and that was not authorized in a CAP/CDP or otherwise authorized under the Coastal Act, is not lawfully established or lawfully authorized development. No improvements, repair, modification, or additions to such existing development may be approved, unless the city also approves a CAP/CDP that authorizes the existing development. The CAP/CDP shall only be approved if the existing and proposed development, with any applicable conditions of approval, is consistent with the policies and standards of the city’s LCP. (Ord. 1006 § 4 (Att. 1), 2013)
18.03.030 Exemptions.
Certain minor projects, as defined in accordance with the California Coastal Act of 1976 and the California Code of Regulations, are exempted from the requirements to obtain a coastal permit. Upon Coastal Commission notification, the city shall update this section to remain consistent with legislative amendments to the Coastal Act and the California Code of Regulations, Title 14, California Coastal Commission. Any conflicts between this section and the current Coastal Act and California Code of Regulations shall be resolved in favor of the current Coastal Act and California Code of Regulations. Development listed below is exempt from the requirement to obtain city approval of a CAP/CDP. Requirements for any other permits are unaffected by this section.
A. Projects with Coastal Commission Approval. Projects authorized by a valid coastal permit or equivalent authorization issued by the Coastal Commission or in areas where the Coastal Commission retains original permit jurisdiction. A person undertaking development included in a public works plan or long-range development plan approved by the Coastal Commission is not required to obtain a CAP/CDP from the city. Other city permits may be required.
B. Replacement after Natural Disaster. The replacement of any structure, other than a public works facility, destroyed by a natural disaster is exempt; provided, that the replacement structure conforms to applicable existing zoning requirements, will be for the same uses as the destroyed structure, does not exceed either the floor area, height, or bulk of the destroyed structure by more than ten percent, and will be sited in the same location on the affected property as the destroyed structure. Public Resources Code Section 30610(g)(1).
C. Improvements to existing single-family residences, including fixtures and structures directly attached to the residence and structures normally associated with single-family residence uses such as garage, and landscaping, but not including guest houses and self-contained residential units. This exemption for improvements does not include the following:
1. Improvements to single-family residences where the development permit issued for the original structure by the city or Coastal Commission indicated that any future additions would require a coastal permit.
2. Improvements to single-family residences if the residence and/or improvement is located on a beach, wetland, seaward of the mean high tide line, in ESHA, in an area designated highly scenic in the LUP, or within fifty feet of the edge of a coastal bluff.
3. Improvements that involve any significant alteration of land forms including removal or placement of vegetation on a beach, wetland, dune, within fifty feet of the edge of a coastal bluff, within ESHA or any natural resource or natural hazard area as indicated in the local coastal program.
4. On property not included in subsection (C)(2) of this section that is located between the sea and the first public road paralleling the sea, within three hundred 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 a significant public viewshed, improvement that would result in an increase of ten percent or more of internal floor area of an existing structure or an additional improvement of ten percent or less where an improvement to the structure has previously been undertaken pursuant to subsection C of this section, increase in height by more than ten percent of an existing structure and/or any significant nonattached structure such as garages, fences, shoreline protective works or docks.
5. In areas having a critically short water supply as declared by resolution of the Coastal Commission, construction of major water-using development not essential to residential use such as swimming pools, or construction or extension of landscape irrigation systems.
6. Expansion or construction of water wells or septic systems.
7. Improvements which would change the type or intensity of use of the structure.
D. Temporary Events. Temporary events as defined in this section and which meet all of the following criteria:
1. The event will not occur between the Saturday of Memorial Day weekend through Labor Day, or if proposed in this period will be of less than one day in duration including setup and take-down; and
2. The event will not occupy any portion of a publicly or privately owned sandy beach or park area, public pier, public beach parking area and there is no potential for adverse effect on sensitive coastal resources; and
3. A fee will not be charged for general public admission and/or seating where no fee is currently charged for use of the same area (not including booth or entry fees); or if a fee is charged, it is for preferred seating only and more than seventy-five percent of the provided seating capacity is available free of charge for general public use; and
4. The proposed event has been reviewed in advance by the city and it has been determined that it meets the following criteria:
a. The event will result in no adverse impact on opportunities for public use of or access to the area due to the proposed location and or timing of the event either individually or together with other development or temporary events scheduled before or after the particular event;
b. There will be no direct or indirect impacts from the event and its associated activities or access requirements on environmentally sensitive habitat areas, rare or endangered species, significant scenic resources, or other coastal resources;
c. The event has not previously required a coastal permit to address and monitor associated impacts to coastal resources.
E. Repair and Maintenance Activities. Repair or maintenance activities that do not result in an addition to, or enlargement or expansion of, the object of those repair or maintenance activities including activities determined by the public works division as necessary and routine maintenance of storm water systems or infrastructure in order to prevent flooding, hazard, etc. This exemption for repair and maintenance activities does not include the following:
1. Any method of repair or maintenance of a seawall revetment, bluff retaining wall, breakwater, groin, culvert, outfall, or similar shoreline work that involves:
a. Repair or maintenance involving substantial alteration of the foundation of the protective work including pilings and other surface or subsurface structures.
b. The placement, whether temporary or permanent, of riprap, artificial berms of sand or other beach materials, or any other forms of solid materials, on a beach or in coastal waters, streams, wetlands, estuaries, and lakes or on a shoreline protective work, except for agricultural dikes within enclosed bays or estuaries.
c. The replacement of twenty percent or more of the materials of an existing structure with materials of a different kind.
d. The presence, whether temporary or permanent, of mechanized construction equipment or construction materials on any sand area, bluff, or environmentally sensitive habitat area, or within twenty feet of coastal waters or streams.
e. Any repair or maintenance to facilities or structures or work located in an environmentally sensitive habitat area, or any dune area, within fifty feet of the edge of a coastal bluff or environmentally sensitive habitat area, or within twenty feet of coastal waters or streams.
2. The provisions of this section shall not be applicable to those activities specifically described as exempt from coastal permit requirements in the document entitled Repair, Maintenance and Utility Hookups, adopted by the Coastal Commission on September 5, 1978. These projects shall be exempt from obtaining a CAP/CDP 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.
3. Unless destroyed by natural disaster, the replacement of fifty percent or more of a single- family residence, seawall, revetment, bluff retaining wall, breakwater, groin, or any other structure is not repair and maintenance but instead constitutes a replacement structure requiring a coastal development permit.
F. Land Division. Land division brought about in connection with the purchase of such land by a public agency for public recreational uses.
G. Utility Connections. The installation, testing, and placement in service or the replacement of any necessary utility connection between an existing service facility and any development which has been granted a valid coastal permit that accounted for such connection; provided, however, that the city may require conditions to mitigate any adverse impacts on coastal resources including scenic resources. (Ord. 1006 § 4 (Att. 1), 2013)
18.03.040 Approval authority.
The planning commission shall be the approval authority to hear and decide applications for coastal development permits (CDPs). The zoning administrator is the approval authority to consider coastal administrative permits (CAPs). (Ord. 1006 § 4 (Att. 1), 2013)
18.03.050 Coastal permit process.
A. Application. A prospective applicant or their respective agent must pay the appropriate fees and submit sufficient information for a planner to determine which process they must follow for their request as outlined in SMC 18.03.110. An application for a CAP/CDP shall be reviewed in conjunction with whatever other permits are required for the project in the underlying zone. Where a CAP/CDP is combined with another permit, the approving body for the CAP/CDP shall be the same as that for the permit required for the underlying zoning district.
B. Hearings.
1. Coastal Development Permits. All coastal development permits require a public hearing. Before a decision on a CDP, the city shall provide notice of a public hearing by the planning commission.
2. Coastal Administrative Permits.
a. Initial Notice. A notice of the proposed development shall be provided to all persons who would otherwise be required to be notified of a public hearing (see below) as well as any other persons known to be interested in receiving notice. The notice shall state that the zoning administrator will decide whether to approve or disapprove the CAP application on a date specified in the notice and that a public hearing will be held only if requested in writing by any interested person before the specified date for the decision. The notice shall include a statement that failure by a person to request a public hearing may result in the loss of that person’s ability to appeal to the Coastal Commission any action taken by the city on the CAP application.
b. Hearing. If no request for public hearing is received by the city before the specified date for the decision, then the zoning administrator may take action without a public hearing. When a public hearing is requested, notice of the hearing shall be provided in accordance for then provisions for notice (below) and the zoning administrator shall conduct the public hearing before a decision on the application.
3. Noticing. For all CAP applications for which a public hearing is requested and for all CDP applications, the following notice provisions shall apply. Not less than ten calendar days prior to consideration of the CAP/CDP, the city shall give notice of such consideration by mailing, postage prepaid, a notice of such consideration to all owners and legal residents of property within three hundred feet of the exterior boundaries of the property to be occupied by the use/development for which the permit was applied, all persons who have requested, in writing, notices relating to coastal permits or the application being considered, all parties known to be interested in the application (including parties who have testified or submitted comments on the proposed development), interested public agencies, and the Coastal Commission.
C. Findings Required. All decisions on CAP/CDPs shall be accompanied by written findings. An application for a CDP may be approved or conditionally approved only if the decision maker makes all of the findings listed below:
1. The establishment, maintenance, or operation of the use or structure applied for will not, under the circumstances of the particular case, be detrimental to health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use, or be detrimental or injurious to property and improvement in the neighborhood, or to the general welfare of the city.
2. The subject property is in compliance with all rules and regulations pertaining to zoning uses, subdivision, and any other applicable provisions of this title, and any zoning violations have been resolved, including any abatement costs have been paid.
3. The proposed project conforms to the public access and public recreation policies of the Coastal Act.
4. The proposed development is in conformance with plans, policies, and requirements of the certified local coastal program land use plan and complies with all regulations of the certified implementation program. Specific findings shall be made with respect to the following:
a. The proposed development protects vegetation, natural habitats, and natural resources consistent with the LUP.
b. The design, location, size, and operating characteristics of the proposed development are consistent with any applicable design plans and/or area plans incorporated into the LUP.
c. The proposed development maintains public access to and along the coast as set forth in the LUP.
d. The proposed development is consistent with the LUP goal of providing visitor-serving needs as appropriate.
e. The proposed development is consistent with the LUP goal of encouraging coastal dependent and related uses as appropriate.
f. The proposed development protects and where feasible enhances coastal resources.
D. Conditions. Approval of a CAP/CDP shall be subject to conditions as necessary to ensure conformance with, and implementation of, the certified LCP. Modification and resubmittal of project plans, drawings and specifications, preparation of additional plans, or recordation of documents may be required to ensure conformance with the LCP. When modifications and resubmittal of plans, additional plans, or recorded documents are required, issuance of the permit shall be deferred for a sufficient period of time to allow the city to determine whether the modified project, the additional plans, or the recorded documents comply with the conditions of approval of the permit.
E. Notice of Final Action. For coastal administrative permits approved without benefit of a public hearing, all persons receiving notice pursuant to subsection (B)(2)(a) of this section or requesting such notice shall be notified in writing of the issuance of a coastal administrative permit. For all CAPs/CDPs, a final action notice shall be prepared that describes the approved development (including all supporting findings, conditions, and materials (approved project plans, applicable technical reports, etc.)) and the process by which it was approved, and information on appeal procedures, including local appeals as well as appeals to the Coastal Commission. Within seven calendar days of the final local action on a CAP/CDP, the city shall provide such notice of its action by first class mail to the Coastal Commission and to any persons who specifically requested notice of such final action by submitting a self-addressed, stamped envelope to the resource management services department – planning division. The city’s action on a CAP/CDP shall not be considered final until all rights of appeal have been exhausted. (Ord. 1006 § 4 (Att. 1), 2013)
18.03.060 Determination of permit requirement.
A. The zoning administrator shall determine, at the written request of any member of the public, whether or not any development proposed in the coastal zone is exempt from a coastal development permit pursuant to this title.
B. Any person wishing such determination shall submit to the resource management services department all statements, plans, and elevations deemed necessary by the resource management services department to assess the development.
C. After review, the zoning administrator shall notify the applicant and the California Coastal Commission in writing:
1. That the development is exempt and state the category of exemption; or
2. That a coastal development permit is required and, if so, whether it is appealable or not.
The procedure described in this section shall be considered an administrative determination and is appealable pursuant to SMC 18.03.120. (Ord. 1006 § 4 (Att. 1), 2013)
18.03.070 Revocation.
Where one or more of the conditions of a coastal permit have not been, or are not being, complied with, or when a coastal permit was granted on the basis of false material information, the zoning administrator (for a CAP) or the planning commission (for a CDP) may revoke or modify the coastal permit following public hearing. Notice of such hearing shall be the same as would be required for a new CDP. (Ord. 1006 § 4 (Att. 1), 2013)
18.03.080 Expiration of coastal permits.
Unless the permit states otherwise, a CAP/CDP shall expire two years from its date of approval if the development has not commenced during that time. The approving authority may grant an extension of one year for good cause. Extensions shall be requested in writing by the applicant or authorized agent prior to expiration of the two-year period. Such extensions of CAPs/CDPs shall be considered amendments for purpose of notice and appeal to the Coastal Commission. (Ord. 1006 § 4 (Att. 1), 2013)
18.03.090 Coastal permit amendments.
Upon application by the permittee, a CAP/CDP may be amended. Application for an amendment shall be accomplished in the same manner specified by this title for the initial application of the CAP/CDP. All sections of this title dealing with the specific type of CAP/CDP shall apply to permit amendments. (Ord. 1006 § 4 (Att. 1), 2013)
18.03.100 Denial of coastal permit applications.
An application or local appeal may be denied and no further application for the denied request shall be filed in the ensuing twelve months, except as otherwise specified at the same time of denial. (Ord. 1006 § 4 (Att. 1), 2013)
18.03.110 Coastal permit application requirement and fees.
A. Filing Procedures.
1. Application. Application for, and amendments to, CAPs/CDPs shall be made to the resource management services department on an application form provided by the department, together with all required plans, maps, elevations, reports, and any such supporting information deemed necessary by the planning division or any other ordinance contained in the certified LCP to adequately assess and evaluate the proposed project. Application for a CAP/CDP may be submitted concurrently with other city permits required by the city. The application may include a fee set by the planning commission. It is the responsibility of the applicant to establish evidence in support of all required LCP findings.
2. Review. Following submittal of an application, the planning division shall review the application for completeness. Within thirty calendar days from submittal, the planning division shall notify the applicant in writing of which parts of the application are incomplete and describe the specific materials needed to complete the application. Not later than thirty days after receipt of all of the requested materials, the planning division shall determine whether the submittal of the requested materials is complete and transmit that determination to the applicant. If no determination of completeness is provided to the applicant within thirty days of submittal, the application will be deemed complete. Any application for a CAP/CDP shall not be determined to be complete and shall not be filed until and unless the applicable requirements of this title have been met. Until such application is determined to be complete by the planning division and has been reviewed in accordance with the applicable CEQA Guidelines and the California Coastal Act, no action shall be taken on it by the planning division.
3. Nonacceptable Applications. The department shall not accept for filing an application for development on a lot or parcel or portion thereof which is the subject of a pending proposal for an adjustment to the boundary of the coastal zone pursuant to Public Resources Code Section 30103(b) of the Coastal Act.
B. Application Fees. The planning commission may, by resolution, establish a schedule of fees for CAP/CDP applications, approvals, and other matters pertaining to this chapter. The schedule of fees may be changed or modified only by resolution of the planning commission. Until all applicable fees have been paid in full, no application shall be deemed complete and no action shall be taken on any application, appeal, or other matter pertaining to this chapter for which a fee is required. (Ord. 1006 § 4 (Att. 1), 2013)
18.03.120 Coastal permit appeals.
Development pursuant to an approved CAP/CDP shall not commence until the CAP/CDP is effective. The CAP/CDP is not effective until all potential avenues for appeal, including those to the Coastal Commission, have been exhausted. In the event that the Coastal Commission denies the permit or issues the permit on appeal, the CAP/CDP approved by the city is void.
A. Local Appeals.
1. A decision or any portion of the decision made by the deputy city manager, or department staff under the provisions of this title may be appealed to the planning commission by an aggrieved person. Any decision made by the planning commission may be appealed by an aggrieved person to the city council.
2. An action or decision by the planning commission in compliance with this title may be appealed to the council by an individual council member, but the council member shall not vote when the appeal is considered by the council.
3. Timing and Form of Appeal. An appeal shall be submitted in writing within seven calendar days of the date of the decision. The appeal shall state the pertinent facts and the basis for the appeal. Appeals addressed to the planning commission shall be filed with the department; appeals addressed to the council shall be filed with the city clerk. An appeal shall be accompanied by the required filing fee.
4. Report and Scheduling of Hearing. When an appeal has been filed, the zoning administrator shall prepare a report on the matter and schedule the matter for a public hearing by the appropriate authority. Notice of the hearing shall be provided in the same form as is required for consideration of CDP applications, and the hearing shall be conducted. Any interested party may appear and be heard regarding the appeal. At the hearing, the appeal body may consider any issue involving the matter that is the subject of the appeal (“de novo”), in addition to the specific grounds for the appeal. The review authority may:
a. Affirm, affirm in part, or reverse the action, determination, or decision that is the subject of the appeal, based upon findings of fact about the particular case. The findings shall identify the reasons for the action on the appeal, and verify the compliance or noncompliance of the subject of the appeal with this title;
b. Adopt additional conditions of approval that may address issues or concerns other than the subject of the appeal; or
c. Disapprove the CAP/CDP approved by the previous review authority, even if the appellant only requested modification or elimination of one or more conditions of approval.
In the event of a tie vote by the appeal body, the decision being appealed shall stand.
5. If new or different evidence is presented on appeal, the planning commission or city council may refer the matter to the previous review authority (i.e., zoning administrator or planning commission, as applicable), for further consideration.
6. The appeal body shall render its decision on the appeal within sixty days of the initial public hearing, unless the matter is continued for good cause.
7. Effective Date of Appeal Decision. A decision by the planning commission is effective seven days after the date of the decision when no appeal of the decision has been filed with the council. A decision by the council is final on the date of the decision.
B. Appeals to the Coastal Commission. Any approval decision by the city on a CAP/CDP, or any approval or denial decision by the city on a CAP/CDP for a major public works project (including a publicly financed recreational facility and/or a special district development) or an energy facility, may be appealed by an aggrieved person or any two members of the Coastal Commission to the Coastal Commission.
1. Appeals to the Coastal Commission are limited to actions on the following types of developments:
a. 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 of the mean high tide line of the sea where there is no beach, whichever is the greater distance.
b. Developments approved by the city not included within subsection (B)(1)(a) 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.
c. Developments approved by the city not included within subsection (B)(1)(a) or (b) of this section that are located in a sensitive coastal resource area.
d. Any development which constitutes a major public works project or a major energy facility.
2. Within ten working days of Coastal Commission receipt of a complete notice of final city CAP/CDP action, an appealable CAP/CDP may be appealed to the Coastal Commission by an aggrieved person who has exhausted local appeals or by any two members of the Coastal Commission.
3. For appealable CAP/CDPs, 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 appellate bodies identified in this title; except that exhaustion of all local appeals shall not be required if any of the following occur:
a. The city requires an appellant to appeal to more local appellate bodies than have been certified as appellate bodies for coastal permits in the coastal zone, in this title.
b. An appellant was denied the right of the initial local appeal by a city ordinance which restricts the class of persons who may appeal a local decision.
c. An appellant was denied the right of local appeal because city notice and hearing procedures for the development did not comply with the provisions of this title.
d. The city charges an appeal fee for the filing or processing of appeals. (Ord. 1006 § 4 (Att. 1), 2013)