Minor use permits.

Minor variances.

Tentative parcel.

Waivers of Municipal Code Section 30.16.010B10.

Agriculture permits.

Administrative design review permits as follows:

Lot line adjustments.

Certificates of compliance.

Extension requests.

Other applications as required by this Code.

Major use permits.

Tentative maps.

Design review permits not under the authority of the Director under subsection A of this section.

Variance (major).

Items referred by the Planning and Building Director.

Other applications and duties as required by this Code.

General Plan interpretation.

General Plan amendment.

Zoning Code amendment.

Zoning Map amendment.

Specific plan.

Other applications as required by this Code.

The proposed project requires a coastal development permit or the proposed project is one which is either exempt or categorically excluded from the requirement for a coastal development permit as described in Section 30.80.050 of this chapter.

Whether the proposed project requiring a coastal development permit may be approved by the City of Encinitas or the proposed project requiring a coastal development permit must receive its approval from the California Coastal Commission (hereinafter "Coastal Commission"). The Coastal Commission retains permit jurisdiction in tidelands, submerged lands, filled and unfilled public trust lands and any areas of deferred certification, as well as port master plan development, public works plan development, and state university/college and private university long-range development plans.

Whether the coastal development permit that must be approved by the City is appealable under certain conditions. Appeal jurisdiction for the Coastal Commission is defined in Chapter 30.04 and includes geographic areas between the sea and the first public road paralleling the sea or within 300 feet of the inland extent of any beach or the mean high tide line where there is no beach, whichever is the greater distance; and any areas located within 300 feet of the top of the seaward face of any coastal bluff, or within 100 feet of any wetland, estuary, or stream; and any major public works project or major energy facility costing more than $100,000.00.

The determination as to whether any proposed development for which a permit is sought lies within the appeals area or a categorically excluded area shall be made by the Director of Planning and Building based on the various components of the certified Local Coastal Program, including, but not limited to, the post certification maps prepared by the Coastal Commission and filed with the City, at the time the application is submitted.

If the determination of the Director of Planning and Building is challenged by the applicant or any interested person, or if the City wishes to have the Coastal Commission determine the appropriate designation, the Director of Planning and Building shall notify the Executive Director of the Coastal Commission of the dispute/question, in writing, and shall request an executive director's opinion.

The Executive Director shall, within two working days of receipt 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 determination of the Director of Planning and Building, 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 (to be held in the appropriate geographic region of the state) following the City's request.

For divisions of land, a coastal development permit shall be required only for lots or parcels created which contain new lot lines or portions of new lot lines within the Coastal Zone and such review will be confined to those lots or portions of lots within the Coastal Zone.

For any development involving a structure or similar integrated physical construction, a coastal development permit for any structure partially in the Coastal Zone shall be required.

The applicant must obtain separate coastal development permits from each jurisdiction.

If the applicant is a public agency seeking approval for a public works project, the agency may obtain a single "public works plan" approval from the Coastal Commission, in lieu of locally-issued coastal development permits.

The proposed project is consistent with the certified Local Coastal Program of the City of Encinitas.

The proposed development conforms with Public Resources Code Section 21000 and following (CEQA) and that there are no feasible mitigation measures or feasible alternatives available which would substantially lessen any significant adverse impact that the activity may have on the environment.

For projects involving development between the sea or other body of water and the nearest public road, approval shall include a specific finding that such development is in conformity with the public access and public recreation policies of Section 30200 et seq. of the Coastal Act.

New development on any parcel or location identified in the Land Use Plan or in the specific LCP zoning districts.

New development between the nearest public roadway and the sea.

New development on any site where there is substantial evidence of a public right of access to the sea acquired through use or a public right of access through legislative authorization.

New development on any site where a trail, blufftop access or other recreational access is necessary to mitigate impacts of the development on public access.

Public access is inconsistent with the public safety, military security needs, or protection of fragile coastal resources;

Adequate access exists nearby; or

Agriculture would be adversely affected.

Siting and Design Requirements. Development shall be sited and designed in a manner which does not interfere with or diminish any public right of access which may have been established based on historic public use. Only when site constraints are so severe that siting of the accessway or recreational use area in its historic location would significantly impair the proposed development and alternative development siting is not feasible, development may be sited in the area of public right of access based on historic use provided that the applicant provides an equivalent area of public access or recreation to and along the same destination and including the same type intensity of public use as previously existed on the site. Mechanisms for guaranteeing the continued public use of the area or equivalent area shall be required in accordance with subsections C through F of this section.

Minimum Requirements. An access condition shall not serve to extinguish or waive public prescriptive rights. In permits where evidence shows the possibility of such prescriptive rights, the following language shall be added to the access condition:

"Nothing in this condition shall be construed to constitute a waiver of any prescriptive rights which may exist on the parcel itself or on the designated easement."

A dedicated accessway shall not be required to be opened to public use until a public agency or private association approved in accordance with subsection H of this section agrees to accept responsibility for maintenance and liability of the accessway, except in cases where immediate public access is implemented through a deed restriction, as may be required by subsection K of this section.

In any case where the size and character of a development would impose very substantial burdens on public access, such as a large resort development on the shoreline, and where the applicant has the capacity to operate and maintain the accessway or recreation area, a deed restriction may be required instead of an offer to dedicate in order to assure immediate public use of the area and maintenance of the area by the applicant and successors in interest. In any such case, all other applicable provisions of this chapter shall apply.

Assess facilities constructed on access easements (e.g., walkways, paved paths, boardwalks, etc.) should be no wider than necessary to accommodate the numbers and types of uses that can reasonably be expected. Width of facilities can vary for ramps or paved walkways, depending on site factors.

A statement of the individual and cumulative burdens imposed on public access and recreation opportunities based on applicable factors identified pursuant to subsection N of this section. The type of affected public access and recreation opportunities shall be clearly described.

An analysis based on applicable factors identified in subsection N of this section of the necessity for requiring public access conditions to find the project consistent with the public access provisions of the Coastal Act.

A description of the legitimate governmental interest furthered by any access condition required.

An explanation of how imposition of an access dedication requirement alleviates the access burdens identified.

Project Effects on Demand for Access and Recreation. Identification of existing and open public access and coastal recreation areas and facilities in the local and regional vicinity of the development. Analysis of the project's effects upon existing public access and recreation opportunities. Analysis of the project's cumulative effects upon the use and capacity of the identified access and recreation opportunities, including public tide-lands and beach resources, and upon the capacity of major coastal roads from subdivision, intensification or cumulative buildout. Projection of the anticipated demand and need for increased coastal access and recreation opportunities for the public. Analysis of the contribution of the project's cumulative effects to any such projected increase. Description of the physical characteristics of the site and its proximity to the sea, tidelands viewing points, upland recreation areas, and trail linkages to tidelands or recreation areas. Analysis of the importance and potential of the site, because of its location or other characteristics, for creating, preserving or enhancing public access to tidelands or public recreation opportunities.

Shoreline Processes. Description of the existing shoreline conditions, including beach profile, accessibility and usability of the beach, history of erosion or accretion, character and sources of sand, wave and sand movement, presence of shoreline protective structures, location of the line of mean high tide during the season when the beach is at its narrowest (generally during the late winter) and the proximity of that line to existing structures, and any other factors which substantially characterize or affect the shoreline processes at the site. Identification of anticipated changes to shoreline processes and beach profile unrelated to the proposed development. Description and analysis of any reasonably like changes attributable to the primary and cumulative effects of the project to: wave and sand movement affecting beaches in the vicinity of the project; the profile of the beach; the characterize or affect beaches in the vicinity. Analysis of the effect of any identified changes of the project alone or in combination with other anticipated changes will have upon the ability of the public to use public tidelands and shoreline recreation areas.

Historic Public Use. Evidence of use of the site by members of the general public for a continuous five-year period (such as may be seasonal). Evidence of the type and character of use made by the public (vertical, lateral, blufftop, etc. and for passive and/or active recreational use, etc.). Identification of any agency (or person) who has maintained and/or improved the area subject to historic public use and the nature of the maintenance performed and improvements made. Identification of the record owner of the area historically used by the public and any attempts by the owner to prohibit public use of the area, including the success or failure of those attempts. Description of the potential for adverse impact on public use of the area from the proposed development (including, but not limited to, creation of physical or psychological impediments to public use).

Physical Obstructions. Description of any physical aspects of the development which block or impede the ability of the public to get to or along the tidelands, public recreation areas or other public coastal resources or to see the shoreline.

Other Adverse Impacts on Access and Recreation. Description of the development's physical proximity and relationship to the shoreline and any public recreation area. Analysis of the extent to which buildings, walls, signs, street or other aspects of the development, individually or cumulatively, are likely to diminish the public's use of tidelands or lands committed to public recreation. Description of any alteration of the aesthetic, visual or recreational value of public use areas, and of any diminution of the quality or amount of recreational use of public lands which may be attributable to the individual or cumulative effects of the development.

The type of access potentially applicable to the site involved (vertical, lateral, blufftop, etc.) and its location in relation to the fragile coastal resource to be protected, the agricultural use, the public safety concern, or the military facility which is the basis for the exception, as applicable.

Unavailability of any mitigating measures to manage the type, character, intensity, hours, season or location of such use so that agricultural resources, fragile coastal resources, public safety, or military security, as applicable, are protected.

Ability of the public, through other reasonable means, to reach the same area of public tidelands as would be made accessible by an accessway on the subject land.

Identification and protection of specific habitat values including the reasons supporting the conclusion that such values must be protected by limiting the hours, seasons or character of public use.

Topographic constraints of the development site.

Recreational needs of the public.

Rights of privacy of the landowner which could not be mitigated by setting the project back from the accessway or otherwise conditioning the development.

The requirements of the possible accepting agency, if an offer of dedication is the mechanism for securing public access.

Feasibility of adequate setbacks, fencing, landscaping and other methods as part of a management plan to regulate public use.

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

All rights to appeals before the Planning Commission and City Council have been exhausted as defined in Section 30.80.150.

The notice of final action shall include the notice of decision by the Director, and the resolution by the Planning Commission or City Council containing conditions of approval, if any, and written findings supporting the action, and the procedure for appeal to the Coastal Commission for appealable projects.

The notice of final action shall be distributed within seven calendar days of the final City action by first class mail to the Coastal Commission, project applicant or authorized agent, and all persons who have requested notice of final action on the proposed development.

An appeal is filed in accordance with Section 30.80.160 of this chapter;

The notice of final local government action does not meet the requirements of subsection B of this section.

When either of the circumstances in this subsection D occur, the Executive Director of the Coastal Commission shall, within five calendar days of receiving the notice of final local government action, notify the City that the effective date of the City action has been suspended.

The City requires an appellant to appeal to more local appellate bodies that have been certified as appellate bodies for permits in the Coastal Zone, in the implementation section of the LCP.

An appellant was denied the right of the initial City appeal by a City ordinance which restricts the class of persons who may appeal a City decision.

The City charges an appeal fee for the filing or processing of appeals.

Where a project is appealed by any two members of the Coastal Commission, there shall be no requirement of exhaustion of local appeals.

For projects seaward of the first public road paralleling the sea or within 300 feet of the inland extent of any beach or the mean high tide line where there is no beach, whichever is the greater distance, the grounds for appeal are limited to an allegation that the development does not conform to the standards set forth in the certified Local Coastal Program or the public access policies set forth in Chapter 3 of the Coastal Act.

For other appealable developments, the grounds for an appeal are limited to an allegation that the development does not conform to the certified Local Coastal Program.

The name and address of the permit applicant and appellant;

The date of the local government action;

A description of the development.

The name of the governing body having jurisdiction over the project area;

The names and addresses of all persons who submitted written comments or who spoke and left his or her name at any public hearing on the project, where such information is available;

The name and address of all other persons known by the appellant to have an interest in the matter on appeal;

The specific grounds for appeal which shall be limited to those stated in Section 30.80.160A1 and 30.80.160A2;

A statement of facts on which the appeal is based; and

A summary of the significant question raised by the appeal.

The applicant has completed all necessary changes to bring the project into compliance with the original coastal development permit, or with the coastal development permit as amended by an appeal or modification; or

The final appeals body has determined that no violation of the original coastal development permit exists.

Nature of the emergency;

Cause of the emergency, insofar as this can be established;

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 cause(s) of action taken, including the probable consequences of failing to take action.

An emergency exists that requires action more quickly than permitted by the procedures for a coastal development permit and the work can and will be completed within 30 days unless otherwise specified by the terms of the permit.

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.

Submission of an application fee as set by the City Council;

An affidavit executed by the assignee attesting to the assignee's agreement to comply with the terms and conditions of the permit;

Evidence of the assignee's legal interest in the real property involved and legal capacity to undertake the development as approved and to satisfy the conditions required in the permit;

The original permittee's request to assign all rights to undertake the development to the assignee; and

A copy of the original permit showing that it has not expired.