Crescent City, CA Zoning Ordinance

Crescent City City Zoning Code

CHAPTER 17

84 COASTAL ZONE COASTAL DEVELOPMENT PERMITS AND APPEALS

§ 17.84.010 Purpose.

The purpose of this chapter is to establish procedures for those areas, types of development, and activities within the coastal zone that require a coastal development permit as prescribed in the Coastal Act of 1976, and to establish procedures for making application for such permit, reviewing applications, providing notice of such development proposals, conducting public hearings for consideration of the permit request, and to provide recourse if an appellant is aggrieved by any order, requirement, permit, decision or determination made by the planning director, planning commission, and/or the city council in the administration or enforcement of these regulations.

(Ord. of 2-22-2011(1))

§ 17.84.012 Coastal development permit required for development.

Except as provided in Section 17.84.014 of this chapter, any applicant wishing to undertake a "development," as defined in Section 17.61.131, in the coastal zone shall obtain a coastal development permit in accordance with the provisions of this chapter, in addition to any other permit required by law. Development undertaken pursuant to a coastal development permit shall conform to the plans, specifications, terms and conditions approved in granting the permit. The procedures prescribed herein may be used in conjunction with other procedural requirements of the approving authority, provided that the minimum requirements as specified herein are assured.

(Ord. of 2-22-2011(1))

§ 17.84.013 Coastal development permit exemptions.

Notwithstanding any other provision of the Coastal Act, no coastal development permit shall be required pursuant to this chapter for the following types of development and in the following areas:

Improvements to existing single-family residences; provided, however, that the commission shall specify, by regulation, those classes of development which involve a risk of adverse environmental effect and shall require that a coastal development permit be obtained pursuant to this chapter.

Improvements to any structure other than a single-family residence or a public works facility; provided, however, that the commission shall specify, by regulation, those types of improvements which: (1) involve a risk of adverse environmental effect; (2) adversely affect public access; or (3) involve a change in use contrary to any policy of this chapter. Any improvement so specified by the commission shall require a coastal development permit.

Maintenance dredging of existing navigation channels or moving dredged material from those channels to a disposal area outside the coastal zone, pursuant to a permit from the United States Army Corps of Engineers.

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; provided, however, that if the Coastal Commission determines that certain extraordinary methods of repair and maintenance involve a risk of substantial adverse environmental impact, it shall, by regulation, require that a permit be obtained pursuant to this chapter.

Any category of development, or any category of development within a specifically defined geographic area, that the California Coastal Commission, after public hearing, and by two/thirds vote of its appointed members, has described or identified and with respect to which the commission has found that there is no potential for any significant adverse effect, either individually or cumulatively, on coastal resources or on public access to or along, the coast. Those categories of exemption, which may be requested to be granted by local governments pursuant to Title 14, California Code of Regulations, sections 13240-13249, are described in Orders of Categorical Exclusion adopted by the California Coastal Commission.

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 Title 17, Crescent City Municipal Code; provided, however, that where necessary, reasonable conditions to mitigate any adverse impacts on coastal resources, including scenic resources may be required as a part of the Title 17 entitlement(s).

The replacement of any structure, other than a public works facility, destroyed by natural disaster. Such replacement structure shall conform to applicable existing zoning requirements, shall be for the same use as the destroyed structure, shall not exceed either the floor area, height, or bulk of the destroyed structure by more than ten percent, and shall be sited in the same location on the affected property as the destroyed structure. As used in this subdivision, "natural disaster" means any situation in which the force or forces which destroyed the structure to be re-placed were beyond the control of its owner. As used in this subdivision, "bulk" means total interior cubic volume as measured from the exterior surface of the structure.

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 division, 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 subdivision. 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 subdivision. Conversions of visitor-serving accommodations, whether in part of wholly, to a condominium, time-share project, estate, or use shall require a coastal development permit.

(Ord. of 2-22-2011(1))

§ 17.84.014 Limitations on coastal development permit exemptions.

Notwithstanding the exemptions contained in Section 30610 of the Coastal Act and Section 17.84.013 above, a local coastal development permit shall be required pursuant to this chapter for the following types of development and in the following areas:

Improvements to existing single-family residences, specifically: (a) all fixtures and other structures directly attached to a residence; (b) structures on the property normally associated with a single-family residence, such as garages, swimming pools, fences, and storage sheds; but not including guest houses or self-contained residential units; and (c) landscaping on the lot; where the development involves a risk of adverse environmental effect. The following classes of development require a coastal development permit because they involve a risk of adverse environmental effects:

Improvements to a single-family structure if the structure or improvement is located: (1) on a beach; (2) in a wetland; (3) seaward of the mean high tide line; (4) in an environmentally sensitive habitat area; (5) in an area designated as highly scenic in a certified land use plan; or (6) within fifty feet of the edge of a coastal bluff;

Any significant alteration of land forms including removal or placement of vegetation, on a beach, wetland, or sand dune, or within fifty feet of the edge of a coastal bluff, or in environmentally sensitive habitat areas;

On property not included in Section 17.84.014.A.1.a. above that is located 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 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 or Regional Commission, 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 had previously been undertaken pursuant to Section 17.84.014.A.1, increase in height by more than ten percent of an existing structure and/or any significant non-attached structure such as garages, fences, shoreline protective works or docks;

Improvements to a single-family structure, or accessory structure, which requires a building permit, within either: (1) an open space zone district, (2) a natural resources zoning district, or (3) within an area appealable to the California Coastal Commission pursuant to this chapter;

Improvement to a single-family structure or accessory structure, which requires a building permit, within a coastal zone district where the improvements are not otherwise excepted by the zoning standards of the district;

Improvements in areas which the Coastal Commission has declared by resolution after public hearing to have a critically short water supply that must be maintained for the protection of coastal resources or public recreational use, the construction of any specified major water using development not essential to residential use including but not limited to swimming pools, or the construction or extension of any landscaping irrigation system;

Any addition to a single-family residence where the development permit issued for the original structure by the Commission or Regional Commission indicated that any future additions would require a development permit;

The expansion or construction of any septic systems or domestic water wells.

Improvements to any structure other than a single-family residence or a public works facility, entailing the structure itself as well as: (a) all fixtures and other structures directly attached to the structure; and (b) landscaping on the lot where the improvements (1) involve a risk of adverse environmental effect, (2) adversely affect public access, or (3) involve a change in use contrary to any policy of this title, a coastal development permit shall be required. The following classes of development require a coastal development permit because they involve one or more of the above listed effects:

Improvement to any structure if the structure or the improvement is located: on a beach; in a wetland, stream, or lake; seaward of the mean high tide line; in an area designated as highly scenic in a certified land use plan; or within fifty feet of the edge of a coastal bluff;

Any significant alteration of land forms including removal or placement of vegetation, on a beach or sand dune; in a wetland or stream; within one hundred feet of the edge of a coastal bluff, in a highly scenic area, or in an environmentally sensitive habitat area;

On property not included in subsection (b)(1) above that is located between the sea and the first public road paralleling the sea or within 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 significant scenic resource areas as designated by the commission or regional commission an improvement that would result in an increase of ten percent or more of internal floor area of the existing structure, or constitute an additional improvement of ten percent or less where an improvement to the structure has previously been undertaken pursuant to Section 17.84.014.A.2., and/or increase in height by more than ten percent of an existing structure;

Improvements to structures, which require a building permit, within either resource conservation area zone district, a coastal (hazard) zone district or within an area appealable to the California Coastal Commission pursuant to this chapter;

Improvements to a structure within a coastal zone district where the improvements are not otherwise excepted by the standards of the district;

The expansion or construction of any septic systems or domestic water wells;

Any improvement to structure which changes the intensity of the use of the structure;

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 time-sharing conversion.

Maintenance dredging of more that one hundred thousand cubic yards of material within a twelve month period of existing navigation channels or moving dredged material from such channels to a disposal area outside the coastal zone, pursuant to a permit from the United States Army Corps of Engineers.

Repair or maintenance activities that result in an addition to, or enlargement or expansion of, the object of such repair, or certain extraordinary methods of repair and maintenance that involve a risk of substantial adverse environmental impact, they shall require that a permit be obtained under this chapter.

The following extraordinary methods of repair and maintenance shall require a coastal development permit because they involve a risk of substantial adverse environmental impact. Any method of repair or maintenance of a seawall revetment, bluff retaining wall, breakwater, groin or similar shoreline work that involves:

Any repair or maintenance to facilities or structures or work located in an environmentally sensitive habitat area, any sand 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 that include:

(a)

The placement or removal, whether temporary or permanent, of rip-rap, rocks, sand or other beach materials or any other forms of solid materials;

(b)

The presence, whether temporary or permanent, of mechanized equipment or construction materials.

ii.

Repair or maintenance involving substantial alteration of the foundation of the protective work including pilings and other surface or subsurface structures;

iii.

The placement, whether temporary or permanent, of rip-rap, artificial berms of sand or other beach materials, or any other forms of solid materials, on a beach or in coastal waters, streams, wetlands, estuaries and lakes or on a shoreline protective work;

iv.

The replacement of twenty percent or more of the materials of an existing structure with materials of a different kind; or

The presence, whether temporary or permanent, of mechanized construction equipment or construction materials on any sand area or bluff or within twenty feet of coastal waters or streams.

Repair and maintenance activities described in the Commission's September 5, 1978 document which have a risk of substantial adverse impact on public access, ESHA, public views or wetlands.

Unless destroyed by natural disaster, the replacement of fifty percent of more of a seawall, revetment, bluff retaining wall, breakwater, groin or similar protective work under one ownership is not repair and maintenance but instead constitutes a replacement structure requiring a coastal development permit.

Notwithstanding the above provisions, the executive director of the coastal commission shall have the discretion to exempt from this section ongoing routine repair and maintenance activities of local governments, state agencies, and public utilities (such as railroads) involving shoreline works protecting transportation roadways.

Pursuant to this section, the planning commission may issue a permit for on-going maintenance activities for a term in excess of the one-year term provided by this title.

(Ord. of 2-22-2011(1))

§ 17.84.015 Temporary events.

Except as provided in sub-sections B and C, below, the planning director shall exclude from coastal development permit requirements all temporary events except those which meet all of the following criteria:

Are held between Memorial Day weekend and Labor Day; and

Occupy all or a portion of a sandy beach area; and

Involve a charge for general public admission or seating where no fee is currently charged for use of the same area (not including booth or entry fees).

Only temporary events meeting all of the above criteria shall require coastal development permit review, however, the planning director may also exclude from permit requirements temporary events meeting all of the above criteria when:

The fee 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; or

The event is held on sandy beach area in a remote location with minimal demand for public use, and there is no potential for adverse effect on sensitive coastal resources; or

The event is less than one day in duration; or

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.

Planning director discretion to require a permit. The planning director may determine that a temporary event shall be subject to coastal development permit review, even if the criteria in Section A are not met. If the planning director determines that unique or changing circumstances exist relative to a particular temporary event that have the potential for significant adverse impacts on coastal resources. Such circumstances may include the following:

The event, either individually or together with other temporary events scheduled before or after the particular event, precludes the general public from use of a public recreational area for a significant period of time.

The event and its associated activities or access requirements will either directly or indirectly impact environmentally sensitive habitat areas, rare or endangered species, significant scenic resources, or other coastal resources as defined in Chapter 17.61.

The event is scheduled between Memorial Day weekend and Labor Day and would restrict public use of roadways or parking areas or otherwise significantly impact public use or access to coastal waters;

The event has historically required a coastal development permit to address and monitor associated impacts to coastal resources.

Effect on other permit requirements. Exemption from coastal development permit requirements is not to be construed as exemption from permits and/ or entitlements required by the city. Where a building permit, use permit, variance, land subdivision, etc., is required by the city for development which is exempt under the provisions of subsection A of this section, the entitlement shall be processed pursuant to the city regulations for non-coastal zone areas.

Record of Permit Exemption. The planning director shall maintain a record of all those developments within the coastal zone that have been authorized as being exempt from the requirement for a coastal development permit pursuant to this chapter. This record shall be available for review by members of the public and mailed to the North Coast District Office of the California Coastal Commission. The record of exemption shall include the name of the applicant, the location of the project, and a brief description of the project.

(Ord. of 2-22-2011(1))

§ 17.84.016 Emergency permits.

It is recognized that in some instances a person or public agency performing a public service may need to undertake work to protect life and public property, or to maintain public services before the provisions of Title 17 can be fully complied with. Where such persons or agencies are authorized to proceed without a permit pursuant to the general requirements of this chapter, they shall comply with the requirements of Title 17 to the maximum extent feasible.

Applications in cases of emergencies shall be made to the planning director by letter if time allows, and by telephone or in person if time does not allow.

The information to be reported during the emergency, if it is possible to do so, or to be reported fully in any case after the emergency shall include the following:

The nature of the emergency;

The cause of the emergency, insofar as this can be established;

The location of the emergency;

The remedial, protective, or preventive work required to deal with the emergency;

The circumstances during the emergency that appeared to justify the course(s) of action taken, including the probable consequences of failing to take action.

The planning director shall verify the facts, including the existence and nature of the emergency, insofar as time allows.

The planning director shall provide public notice of the proposed emergency action with the extent and type of notice determined on the basis of the nature of the emergency itself. Notice shall also be provided to the Executive Director of the California Coastal Commission.

The planning director may grant an emergency permit upon reasonable terms and conditions, including an expiration date, if he finds that:

An emergency exists and requires action more quickly than permitted by the procedures for ordinary permits;

Public comment on the proposed emergency action has been reviewed if time allows;

The work proposed would be consistent with the requirements of the certified Local Coastal Program.

The planning director shall report in writing to each meeting of the planning commission the emergency permits applied for or issued since the last report, with a description of the nature of the emergency and the work involved. Copies of this report shall be available at the meeting and shall have been mailed at the time that application summaries and staff recommendations are normally distributed to all persons who have requested such notification in writing.

All emergency permits issued after the mailing for the meeting shall be briefly described by the planning director at the meeting and the written report shall be distributed prior to the next succeeding meeting.

Within ten calendar days of request for an emergency permit the owner/applicant shall submit an application for any required local entitlement pursuant to Section 17.84.020. Where findings are made that the action is not in conformity with the long-term policies of the Coastal Land Use Plan, the application shall be denied and the emergency permit revoked. Such revocation shall specify the type of abatement action required, if any, and a time limit for compliance shall be specified.

(Ord. of 2-22-2011(1))

§ 17.84.020 Application processing and review procedures.

When a proposed development, as defined herein, is located in the coastal zone a coastal development permit shall be required in addition to any other approval or permit required in these regulations.

Procedures for applying for a coastal development permit are as follows:

Application contents. Each application for a permit, amendment, or other matter pertaining to this Title shall be filed with the planning director on an application form approved by the city council together with required fees and/or deposits, and all other information and materials required by the city's list of required application contents, as identified in the community development department handout for the specific type of application. Applicants are encouraged to contact the department before submitting an application to verify which materials are necessary for application filing.

Identification of interested persons; submission of envelopes, posting of site. For applications filed pursuant to this chapter, the applicant shall provide names and addresses of, and stamped envelopes for adjacent landowners and residents, and other interested persons as provided in this section. The applicant shall provide the commission with a list of:

The addresses of all residences, including each residence within an apartment or condominium complex, located within one hundred feet (not including roads) of the perimeter of the parcel of real property of record on which the development is proposed;

The addresses of all owners of parcels of real property of record located within one hundred feet (not including roads) of the perimeter of the parcel of real property of record on which the development is proposed, based upon the most recent equalized assessment roll; and,

The names and addresses of all persons known to the applicant to be interested in the application, including those persons who testified at or submitted written comments for the local hearing(s).

This list shall be part of the public record maintained by the department for the application.

The applicant shall also provide the department with stamped envelopes for all addresses on the list prepared pursuant to subsection 1.a through 1.c above. Separate stamped envelopes shall be addressed to "owner," "occupant," or the name of the interested person, as applicable. The applicant shall also place a legend on the front of each envelope including words to the effect of "Important. Public Hearing Notice." The director shall provide an appropriate stamp for the use of applicants in the commission office. The legend shall be legible and of sufficient size to be reasonably noted by the recipient of the envelope. The director may waive this requirement for addresses identified under subsection 1.a and 1.b above and may require that some other suitable form of notice be provided by the applicant to those interested persons pursuant to these regulations.

If at the applicant's request, the public hearing on the application is postponed or continued after notice of the hearing has been mailed, the applicant shall provide an additional set of stamped, addressed envelopes that meet the requirements of this section. The additional set of stamped, addressed envelopes shall be submitted within ten days of the commission's or council's decision to postpone or continue the hearing.

At the time the application is submitted for filing, the applicant must post, at a conspicuous place, easily read by the public which is also as close as possible to the site of the proposed development, notice that an application for a permit for the proposed development has been submitted to the commission. Such notice shall contain a general description of the nature of the proposed development. The department shall furnish the applicant with a standardized form to be used for such posting. If the applicant fails to sign the declaration of posting, the director shall refuse to file the application.

The planning commission or council may revoke a permit if it determines that the permit was granted without proper notice having been given.

Eligibility for filing. An application may only be filed by the owner of the subject property, or other person with the written consent of the property owner. With the director's approval, a lessee with the exclusive right to use the property for a specified use may file an application related to that use.

Rejection of application. If the director determines that an application cannot lawfully be approved by the city (e.g., a request for use that could not be granted in the absence of a preceding a coastal land use plan or coastal zoning text or map amendment, or a concurrent tentative subdivision map approval; or a use permit application proposing a use that is not allowable in the subject zoning district, etc.), the director shall not accept the application for processing.

Fee schedule. In addition to the fees imposed pursuant to Section 17.61.030, the council shall establish a schedule of fees for the processing of the applications required intended to allow recovery of all costs incurred by the city in processing permit applications to the maximum extent allowed by the law.

Review for completeness. The director shall review each application for completeness and accuracy before it is accepted as being complete and officially filed. The director's determination of completeness shall be based on the city's list of required application contents (see Chapters 17.84A through 17.84G "Coastal development permit application contents" sub-sections), and any additional written instructions provided to the applicant in any pre-application conference, and/or during the initial application review period.

Notification of applicant. As required by State law (Government Code Section 65943), within thirty calendar days of application filing, the applicant shall be informed in writing, either that the application is complete and has been accepted for processing, or that the application is incomplete and that additional information, specified in the director's letter, shall be provided.

Appeal of determination. Where the director has determined that an application is incomplete, and the applicant believes that the application is complete and/or that the information requested by the director is not required, the applicant may appeal the director's determination in compliance with Section 17.84.040.

Environmental information. Prior to an application having been accepted as complete for filing, the director may request the applicant to submit additional information needed for the environmental review of the project in compliance with Chapters 17.84A through 17.84G.

Referral of application. At the discretion of the director, or where otherwise required by this title or state or federal law, an application may be referred to any public agency that may be affected by or have an interest in the proposed project.

Staff evaluation. The director shall review all discretionary applications filed in compliance with this title to determine whether they comply and are consistent with the provisions of this title, other applicable provisions of the city code, the coastal land use plan, and any applicable specific plan.

Staff report. The director shall provide a written recommendation to the commission and/or council (as applicable) as to whether the application should be approved, approved subject to conditions, or disapproved.

Finding. A coastal development permit may be granted if the facts presented are such that the development is in conformity with the certified coastal element of the general plan. Each coastal development permit issued for any development as indicated on the coastal appeals area map shall include specific factually-based findings, as further set forth in Section 17.84.033 and in Chapters 17.84A through 17.84G, subsections.040—Supplemental Findings, substantiating how such development does so conform.

(Ord. of 2-22-2011(1))

§ 17.84.025 Determination of applicable notice and hearing procedures.

The determination of whether a development is categorically excluded, non-appealable or appealable for purposes of notice, hearing and appeals procedures shall be made by the planning director at the time the application for development within the coastal zone is submitted. This determination shall be made with reference to the city's certified local coastal program, including any maps, categorical exclusions, land use designations and zoning ordinances which are adopted as part of the local coastal program. Where an applicant, interested person, or the city has a question as to the appropriate designation for the development, the following procedures shall establish whether a development is categorically excluded, non-appealable or appealable:

The planning director shall make his or her determination as to what type of development is being proposed (i.e. categorically excluded, appealable, non-appealable) and shall inform the applicant of the notice and hearing requirements for that particular development.

If the determination of the planning director, or the planning commission and/or the city council on appeal, is challenged by the applicant or an interested person, or if the city wishes to have a Commission determination as to the appropriate designation, the city shall notify the Commission by telephone of the dispute/question 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, non-appealable 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 on the determination for the next Coastal Commission meeting (in the appropriate geographic region of the state) following the local government request.

(Ord. of 2-22-2011(1))

§ 17.84.030 Procedures and notice for appealable developments.

Appealable development. The following classes of development permits may be appealed to the council and/or the Coastal Commission:

Development approved by the city located 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.

Development 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, stream, or within three hundred feet of the top of the seaward face of any coastal bluff.

Development approved by the city not included within sub-section A.1 or A.2. of this section that are located in a sensitive coastal resource area.

Any development approved or denied by the city which constitutes a major public works project of a major energy facility.

Scheduling. Public hearings of the city council or the planning commission shall be subject to the rules regarding the placing of matters on its agenda.

Notice of hearings.

General Procedures. Notice of the public hearing on an application for a use permit, zoning amendment, or coastal development permit shall be given by:

Publication once in a newspaper of general circulation printed and published in the city at least ten days prior to the hearing;

Notice to all property owners and residents within three hundred feet of the exterior boundaries of the parcel on which the development is proposed, using for this purpose the names and addresses of the owners as shown on the latest city-wide assessment roll in the office of the county assessor. Failure to send notice by mail to any such property owner where the address of such owner is not shown on such assessment roll shall not invalidate any proceedings in connection with such action;

Notice to each applicant;

Notice to Coastal Commission;

Notice to all persons requesting notifications;

Notices and such other means as the planning commission or city council may deem advisable.

Contents of public notice. In addition to the above, all notices sent shall include:

Time, place, and purpose of the public hearings;

A statement as to whether the development is in the coastal zone;

The date of filing the application and the name of the applicant;

The number assigned to the application;

A description of the development and its proposed location;

A brief description of the hearing procedures including a statement explaining the right to appear and be heard;

A statement specifying the length of time that public comments will be accepted prior to the city council decision;

The system for local and Coastal Commission appeals, including any local fees required; and

The place where copies of the proposed plans may be reviewed.

Procedure to Notify One Thousand or More Owners. In the event that the number of owners to whom notice would be sent in subsection C.1. is greater than one thousand, notice shall be given at least ten days prior to the hearing by the following procedures by placing a display advertisement of at least one-fourth page in a newspaper of general circulation. Such advertisement shall specify the type and magnitude of the changes proposed, the place where copies of the proposed changes may be obtained, the time, date and place of the hearing, and the right to appear and be heard.

Notice of local government action when hearing continued. If a decision on a development permit is continued by the planning commission or city council to a time which is neither: (a) previously stated in the notice provided pursuant to Section 17.84.031.A; nor (b) announced at the hearing as being continued to a time certain, the city shall provide notice of the further hearings (or action on the proposed development) in the same manner, and within the same time limits as established in Section 17.84.031.A.

Hearing Procedure and Decision.

General Procedures. Hearings shall be held, and decisions rendered, by the planning commission or city council, whichever is appropriate, in accordance with the provisions of each type of case as specified in Section 17.84.032.

Time Limits.

The city shall approve or disapprove a development project within the applicable time limits specified in California Government Code Section 65950 through 65952.b. In the event that the city fails to act to approve or disapprove a development project within the time limits required above, the applicant or his or her representative may seek remedy to resolve the undecided permit request as set forth in California Government Code Section 65956.

Effective Date.

Within seven calendar days of the city completing its action on a coastal development permit, as defined in Section 17.84.037, the planning director shall transmit a notice of final action containing the information enumerated in Section 17.84.037 to the Coastal Commission informing them of such action. The effective date of a coastal development permit shall be ten working days after receipt of the notice of the permit decision by the executive director of the Coastal Commission.

For use permits, the decision of the review authority shall become effective ten days following the filing of the notice of the appropriate review authority's decision, unless an appeal has been filed.

Waiver of Fee for Appeal to City Council. Any concerned individual who cannot afford the cost of any appeal fee for an appeal to the city council may request the council to waive said fee. The city council may elect to waive such fee and apply to the state's Coastal Commission for a reimbursement of that fee through an SB90 claim or similar reimbursement process. Further, should the city council not elect to waive the appeal fee, the appellant may appeal directly to the state's Coastal Commission.

(Ord. of 2-22-2011(1))

§ 17.84.031 Procedures and notices for non-appealable developments.

The notice requirements for developments where a public hearing is required under this title, but which are not appealable pursuant to Section 17.84.030.A, and which are not categorically excluded, are as follows. At least ten days prior to a hearing the planning director shall do the following:

Notice shall be published in a newspaper of general circulation or, if there is none, posted in at least three public places in the local jurisdiction;

Notice by first class mail to any person who has filed a written request for such notices;

Notice by first class mail to property owners within three hundred feet of the proposed development;

Notice by first class mail to non-property owner residents residing within one hundred feet of the proposed development;

Notice by first class mail to the California Coastal Commission.

All such notices shall contain a statement that the proposed development is within the city's coastal zone.

The notice requirements for developments which are not appealable pursuant to Section 17.84.030.A, and which are not categorically excluded and where a public hearing is not required are as follows:

Within ten calendar days of accepting an application for a non-appealable coastal development permit, or coastal use permit or variance, or at least seven calendar days prior to the planning director's decision on the application, the planning director shall provide notice by first class mail of the pending approval of the development. This notice shall be provided to all persons who have requested to be on the mailing list for that development project or for coastal decisions within the city's coastal zone, to all property owners and residents within one hundred feet of the perimeter of the parcel on which the development is proposed, and to the California Coastal Commission. The notice shall contain the following information:

A statement that the proposed development is within the city's coastal zone;

The date of filing of the application and the name of the applicant;

The number assigned to the application;

A description of the proposed development and its proposed location;

The date the application will be considered by the city's planning director;

The city's general procedure concerning the submission of written or oral comments prior to the planning director's decision; and

A statement that a public comment period of sufficient time to permit submission of comments by mail will be held prior to the planning director's decision.

(Ord. of 2-22-2011(1))

§ 17.84.032 Hearings.

Public hearing on appealable developments. At least one public hearing shall be held on each application for an appealable development, thereby affording any persons the opportunity to appear at the hearing and inform the local government of the nature of their concerns regarding the project. Such hearing shall occur no earlier than seven calendar days following the mailing of the notice required in Section 17.84.031.A. The public hearing may be conducted in accordance with existing city procedures or in any other manner reasonably calculated to give interested persons an opportunity to appear and present their viewpoints, either orally or in writing.

Second residential units which meet the criteria specified in Section 17.83.010.A do not require a public hearing pursuant to Government Code Section 65852.2.

New permit applications which are, in the opinion of the planning director, de minimis with respect to the purposes and objectives of the adopted Local Coastal Program and which do not involve appealable development, may be scheduled for one public planning commission hearing during which all such items will be taken up as a single matter, which shall be known as the consent calendar, pursuant to the following criteria:

Applications shall be processed pursuant to applicable regulations including any preparation of staff reports and the recommendation of findings and/or conditions. Where an item is approved as a part of the consent calendar, any such recommendations shall also be deemed approved.

The public shall have the right to present any testimony or evidence regarding any item on the consent calendar. Any person may request that a consent calendar item be removed and heard as a separate item subject to their submittal of a brief statement of reasons for the request. The Commission shall, upon a majority vote in favor of the request, set a continued hearing time for the subject item.

For the purposes of this section a proposed development is de minimis if it involves no potential for any adverse effect, either individually or cumulatively, on coastal resources and that it will be consistent with the city's certified local coastal program.

All permit applications involving appealable development and other permit applications not so determined to be de minimis shall be heard as a separate hearing item.

(Ord. of 2-22-2011(1))

§ 17.84.033 Required findings.

Approval of any coastal development permit shall be based upon specific factual findings supporting the conclusion that: (1) the proposed development, without or without conditions, is consistent with the policies and standards of the city's certified local coastal program, and, for development located within the first public road and the sea the access and recreation policies of Chapter 3 of the Coastal Act; and (2) there are no other feasible mitigation measures or alternatives that would lessen any significant adverse effects of the development or the environment.

(Ord. of 2-22-2011(1))

§ 17.84.034 Permit conditions.

Any permit that is issued or any development or action approved on appeal, pursuant to this chapter, shall be subject to reasonable terms and conditions in order to ensure that such development or action will be in accordance with the provisions of this title.

(Ord. of 2-22-2011(1))

§ 17.84.035 Procedures for open space easements and public access documents.

All coastal development permits subject to conditions of approval pertaining to public access and open space or conservation easements shall be subject to the following procedures:

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.

Upon completion of permit review by the city and prior to the issuance of the permit, the city shall forward a copy of the permit conditions and 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;

The executive director of the Coastal Commission shall have fifteen working days from receipt of the documents in which to complete the review and notify the applicant of recommended revisions if any;

The city may issue the permit upon expiration of the fifteen working day period if notification of inadequacy has not been received by the local government within that time period;

If the executive director has recommended revisions to the applicant, the permit shall not be issued until the deficiencies have been resolved to the satisfaction of the executive director; or

The city may request the Coastal Commission to delegate the authority to process the recordation of the necessary legal documents to the city. The Coastal Commission shall delegate said authority provided the city identifies the department of the local government or public agency or private association that has the resources and authorization to accept, open and operate and maintain the accessways and open space/conservation areas required as a condition of approval of coastal development permits. 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. of 2-22-2011(1))

§ 17.84.036 Consolidated coastal development permit applications.

Notwithstanding Public Resources Section 30519, the coastal commission may process and act upon a consolidated coastal development permit application if both of the following criteria are satisfied.

A proposed project requires a coastal development permit from both a local government with a certified local coastal program and the coastal commission.

The applicant, the appropriate local government, and the commission, which may agree through its executive director, consent to consolidate the permit action, provided that public participation is not substantially impaired by that review consolidation.

The standard of review for a consolidated coastal development permit application submitted pursuant to subdivision A. shall follow Chapter 3 of the California Coastal Act (commencing with Public Resources Code Section 30200), with the appropriate local coastal program used as guidance.

The application fee for consolidated coastal development permit shall be determined by reference to the coastal commission's permit fee schedule.

(Ord. of 2-22-2011(1))

§ 17.84.037 Completion of decision; notice of final local action; finality of city action.

Completion of city action. The city's decision on an application for a 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 Chapter 3 of the Coastal Act; and (2) when all local rights of appeal have been exhausted as defined in Section 17.84.040.B.2.

Notice of final local action. Within seven calendar days of the city completing its review and meeting the requirements of Section 17.84.032, the city shall notify by first class mail the Coastal Commission and any persons who specifically requested notice of such action by submitting a self-addressed, stamped envelope to the local government (or, where required, who paid a reasonable fee to receive such notice) of its action. Such notice shall include conditions of approval and written findings and the procedures for appeal of the local decision to the Coastal Commission.

Failure to act—Notice.

Notification by applicant. If a local government has failed to act on an application within the time limits set forth in Government Code Sections 65950-65957.1, the person claiming a right to proceed pursuant to Government Code Sections 65950-65957.1 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.

Notification by city. If the city determines that the time limits established pursuant to Government Code Sections 65950-65957.1 have expired, the local government shall, within seven calendar days of such determination, notify any person entitled to receive notice pursuant to Section 13571(a) that the application has been approved by operation of law pursuant to Government Code Sections 65950-65957.1 and the application may be appealed to the Commission pursuant to Section 17.84.040.B or 17.84.040.C. 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.

A local government's final decision on an application for an appealable development shall become effective after the ten working day appeal period to the Commission has expired unless either of the following occur:

An appeal is filed in accordance with Section 17.84.040; or

The notice of final local government action does not meet the requirements of sub-section B;

When either of these circumstances occur, the Coastal Commission shall, within five calendar days of receiving notice of that circumstance, notify the local government and the applicant that the effective date of the local government action has been suspended.

(Ord. of 2-22-2011(1))

§ 17.84.040 Appeals.

In the case of any coastal development permit, use permit or variance, and in the case of any order, requirement, decision or other determination made by the planning director, the procedures for appeals shall be described in this section.

Administrative Actions Appealable. Any person aggrieved by any determination, interpretation, decision, decree, judgment, or similar action taken by the planning director under the provisions of the coastal zone zoning ordinance, may appeal such action to the planning commission.

Planning Commission Action Appealable. Action, or appellate determinations of the planning commission, may be appealed to the city council. Alternately, if the city imposes a fee to appeal an action of the planning commission on a coastal development permit to the city council, the planning commission's approval of a coastal development permit for development other than a major public works project or major energy facility, or the approval or denial of a coastal development permit for a major public works project or a major energy facility, the action may be appealed directly to the coastal commission.

City Council Action Appealable. Approved actions, or approved appellate determinations of the city council, may be appealed to the Coastal Commission under the following circumstances:

Eligible Appellants. An appeal may be filed by an applicant, any aggrieved person, as defined herein, or any two members of the Coastal Commission.

Exhaustion of Appeals. An appellant other than any coastal commissioners who have appealed, shall exhaust all local appeals before becoming eligible to appeal to the Coastal Commission, except if one of the following conditions prevail:

The local government or jurisdiction requires an appellant 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 local coastal program.

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.

An appellant was denied the right of local appeal because local notice and hearing procedures for the development did not comply with the provisions of these regulations.

The local government jurisdiction charges a fee for the filing or processing of appeals, in which case the local government may elect to waive the appeal fee and apply to the Commission for a reimbursement of that fee through an SB90 claim or similar reimbursement process. Any such waiver of appeal fees shall be granted prior to the transmittal of the notice of final local action to the coastal commission.

Grounds for Appeal.

The grounds for an appeal to the types of development enumerated in Section 17.84.030.A. shall be limited to one or more of the following allegations:

For development approved by the city located 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, the development does not conform to the certified local coastal program and/or the access and recreation policies of Chapter 3 of the Coastal Act;

ii.

For development approved by the city not included within subsection i. of this section that are located on tidelands, submerged lands, public trust lands, within one hundred feet of any wetland, estuary, stream, or within three hundred feet of the top of the seaward face of any coastal bluff, the development does not conform to the certified local coastal program;

iii.

For development approved by the city not included within sub-section i. or ii. of this section that are located in a sensitive coastal resource area, the development does not conform to the certified local coastal program;

For development approved or denied by the city which constitutes a major public works project of a major energy facility, the development does not conform to the certified local coastal program; shall become final after the tenth working day, unless an appeal in writing is filed within that time.

Appeal Procedures.

Filing Requirements for appeals to city appellate bodies. Appeals shall be addressed to the appellate body, on a prescribed form and shall state the basis of the appeal. Appeals shall be filed with the city within ten days following the date of the action from which an appeal is taken. Appeals shall be accompanied by a filing fee or a request to waive such fee. Planning commission or city council actions that may be appealed to the Coastal Commission shall be filed with the Coastal Commission and the appeal period shall run for ten working days after receipt by the Coastal Commission of the city's final action.

Stay of Proceedings. An action of the planning commission so appealed from shall not become effective unless and until approved by the city council in accordance with this section.

Notice of Hearings. The notice and conduct of hearings by the appellate body shall be governed by the provisions of Section 17.84.030 and shall conform to the manner in which the original notice was given and the original hearings were conducted.

Time Limitation and Vote. The planning commission shall determine an appeal not later than its second regular meeting following the date on which the appeal was filed in its office. The action from which an appeal is taken may be reversed or modified only by the affirmative vote of a majority of the authorized membership of said commission. The city council shall determine an appeal no later than the fourth regular meeting following the date on which the appeal was filed in its office. The action, or appellate determination, from which an appeal is taken may be reversed or modified only upon an affirmative vote of a majority of the authorized membership of said council.

Failure of Appellate Body to Act. Failure of the appellate body to act within the time specified shall be deemed concurrence with the previous decision rendered.

Exhaustion of Remedy. All rights of appeal are exhausted when the proceedings set forth herein have been consummated.

Conditions and Findings. The appellate body may impose or prescribe conditions in its resolution that are in its opinion necessary to serve the objectives of this chapter. The appellate body shall make a written determination of its decision together with its findings in support of the decision.