Point Arena City Zoning Code
CHAPTER 18
30 PROCEDURES AND ADMINISTRATION
§ 18.30.010 Amendments to zoning ordinance and zoning map.
The Point Arena zoning ordinance and zoning map, as adopted by the Point Arena city council, may be amended pursuant to the requirements of this article and provisions of the Government Code of both the Coastal Act and the state of California.
(Ord. 179 § 6.01, 2001.)
§ 18.30.020 Initiation of amendments.
An amendment to the text of the zoning ordinance or zoning map may be initiated by motion of the city council on its own initiative, or by the planning commission on its own initiative. Amendments to the zoning map may be initiated by the owner of the subject property, or authorized agent for the owner, or by the planning commission or city council.
(Ord. 179 § 6.02, 2001.)
§ 18.30.030 Amendment procedures.
The filing of an application for an amendment to the zoning ordinance or zoning map, the payment of fees, notice of hearing, and procedural requirements shall be as prescribed herein and in Sections 18.30.200 through 18.30.220.
The planning commission shall hold a public hearing on proposed amendments to the zoning ordinance or zoning map. At the public hearing the planning commission shall hear any person interested in the proposed amendment. The hearing may be continued from time to time provided that the notice of the time and place of the continued public hearing is given at the hearing or in the manner provided for in Section 18.30.220. Within 40 days of the conclusion of the hearing, the planning commission shall submit to the city council a written report of recommendations and reasons thereof, including the relationship of proposed zoning amendments to the Point Arena general plan. The planning commission shall not hold a hearing on a proposed amendment to the zoning ordinance less than two weeks after final city council action on a related change in the general plan.
If, after the hearing is closed, the planning commission recommends approval of the proposed amendment, the city council, upon receipt of the report, shall set the matter for public hearing. The city council may approve, modify or disapprove the recommendation of the planning commission, provided that any modification proposed by the city council not previously considered by the planning commission during their hearing shall first be referred to the planning commission for report and recommendation, but the planning commission shall not be required to hold a public hearing thereon. Failure to report within 40 days after the referral shall be deemed to be commission approval of the proposed modification.
If the planning commission has recommended against the adoption of an amendment, the city council shall not be required to take any further action thereon unless an interested party shall request such hearing by filing a written request with the city clerk within 10 working days after the planning commission files its recommendation with the city council.
The city council shall reach a decision not later than 40 days after the conclusion of the city council hearing or not later than 40 days after the filing of a report, or the deadline for submitting such a report by the planning commission on a referral from the city council. In adopting or modifying any proposed amendment, the city council shall adopt a resolution certifying that the proposed amendment is intended to be carried out in a manner fully consistent with the Government Code and the California Coastal Act of 1976, including amendments. Failure of the city council to adopt the proposed amendment within the period set forth in this section shall be deemed to be a denial of such a proposed amendment.
(Ord. 179 § 6.03, 2001.)
§ 18.30.040 Notification requirements for amendments.
In addition to notification required by Section 18.30.220, notice of proposed amendments to the Point Arena zoning ordinance shall be mailed to the California Coastal Commission and other interested public agencies and persons at least 10 working days prior to the date of the first public hearing before the planning commission. The city council shall not take final action on an amendment until at least six weeks after notices have been sent except in the case of an LCP amendment that the executive director of the Commission determines to be de minimus pursuant to Section 30514(d) of the Coastal Act, in which case the city shall not submit the proposed amendment to the executive director until at least 21 days after notices have been sent.
(Ord. 179 § 6.04, 2001.)
§ 18.30.050 Effective date of amendments and incorporation in local coastal program.
Within five working days of the adoption of the amending ordinance the city clerk shall forward to the executive director of the California Coastal Commission a copy of the amending ordinance together with materials sufficient for a thorough review as well as the city council resolution contained in Section 18.30.030. The executive director shall notify the city in writing if the amendment needs to be certified as part of the Point Arena local coastal program and whether the amendment is considered a major or minor amendment pursuant to the provisions of Section 30514(c) of the Coastal Act. Major or minor amendments, including any amendment that allows changes in uses, shall become part of the Point Arena local coastal program at the time the California Coastal Commission certifies the amendment as adopted by the city. If the Coastal Commission certifies the amendment subject to conditions or changes, the amendment shall not become part of the Point Arena local coastal program until by resolution the city council concurs in any conditions, or by ordinance adopts any changes and such ordinance has become effective.
An amendment to the Commission-certified local coastal program shall not become effective after city council adoption until the amendment is submitted pursuant to the requirements of Chapter 6, Article 2, of the California Coastal Act and is effectively certified by the California Coastal Commission pursuant to Section 13551 et seq., of the California Code of Regulations.
(Ord. 179 § 6.05, 2001.)
§ 18.30.060 Initiation, application, fees, and procedures for permits.
The initiation of a variance, conditional use permit, coastal development permit or design review, planned residential development permit, comprehensive development plan, the filing of an application, the payment of fees, and notification of hearings shall be as specified in Sections 18.30.200 through 18.30.220.
(Ord. 179 § 6.06, 2001.)
§ 18.30.070 Required hearings.
The planning commission shall consider all applications for variances, conditional use permits, coastal development permits, and design review approval.
At least one public hearing shall be held on each application for a variance, conditional use permit, design review or coastal development permit, thereby affording any persons the opportunity to appear at the hearing and inform the city of the nature of their concerns regarding the project. Where a development involves applications for a combination of permits, the required hearings may be scheduled concurrently. No hearing shall be required for coastal development permit applications for second dwelling units proposed in UR, SR, and RA zones or administrative permits for signs.
Hearings will be set for the earliest available meetings, satisfying the requirements of Section 18.30.220 and any other county, state or federal agency minimum noticing requirements. At the public hearings, the planning commission shall hear any person interested in the proposal. The public hearing may be conducted in accordance with existing local 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. The hearings may be continued from time to time provided that the notice of the time of the continued public hearing shall be distributed to the persons and in the manner provided for in Section 18.30.220.
An applicant's request for postponement, shall be granted at the city's discretion. The city shall, to the extent feasible, notify all persons the city knows to be interested in the public hearing of the postponement. The city shall not grant a request for postponement unless it determines that sufficient time remains under applicable deadlines for its action on the application.
Any request for postponement of a hearing by the applicant shall be in writing or stated on the record in a planning commission or city council meeting and shall include a waiver of any applicable time limits for city action on the application. Where a request for postponement is granted pursuant to this section, the applicant shall provide another set of stamped, addressed envelopes consistent with the requirements of Section 18.30.220.
The 180-day time period described in Section 65950 of the Government Code may be extended once for a period not to exceed 90 days with the written consent of the applicant and the city.
(Ord. 179 § 6.07, 2001.)
§ 18.30.080 Findings.
(1)
Coastal Development Permit Findings. A coastal development permit may only be granted if the following written findings can be made. The findings shall explain the basis for the conclusions and decisions of the city and shall be supported by substantial evidence in the record. Findings for approval or conditional approval shall conclude that the project as proposed, or as conditioned, conforms to the certified local coastal program. If special conditions of approval are required in order to bring the project into conformance with the certified LCP, the findings shall explain how the special condition(s) alleviate or mitigate the adverse effects which have been identified.
(a)
The proposed development as described in the application and accompanying materials, as modified by any conditions of approval is in conformity with the city of Point Arena's certified local coastal program and will not adversely affect coastal resources; and
(b)
If the project is located between the first public road and the sea, that the project is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act of 1976 (commencing with Sections 30200 of the Public Resources Code); and
(c)
Feasible mitigation measures and/or alternatives have been incorporated to substantially lessen any significant adverse effects of the development on the environment; and
(d)
The proposed use is consistent with the purposes of the zone in which the site is located; and
(e)
The proposed development is in conformance with the city of Point Arena's general plan; and
(f)
The proposed location of the use and conditions under which it may be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity;
(g)
Services, including, but not limited to, water supply, sewage disposal, solid waste, and public roadway capacity have been considered and are adequate to serve the proposed development;
(h)
Supplemental findings for projects involving geologic, flood, and fire hazards:
(i)
The project, as proposed, will neither be subject to nor increase instability of the site or structural integrity from geologic, flood, or fire hazards due to project design, location on the site or other reasons, and
(ii)
The project, as conditioned, will not have significant adverse impacts on site stability or structural integrity from geologic, flood, or fire hazards due to required project modifications, landscaping or other conditions, and
(iii)
There are no alternatives to development that would avoid or substantially lessen impacts on site stability or structural integrity.
(2)
Conditional Use Permit Findings. A conditional use permit (CUP) may be granted for any use listed as a conditional use in the applicable zone if the facts establish and written findings are adopted showing:
(a)
That the proposed use at the size and intensity contemplated, and at the proposed location, will provide a development that is necessary or desirable for, and compatible with, the neighborhood or the community; and
(b)
That such use as proposed will not be detrimental to the health, safety, convenience or general welfare of persons residing or working in the vicinity, or injurious to property, improvements or potential development in the vicinity, with respect to aspects including but not limited to the following:
(i)
The nature of the proposed site, including its size and shape, and the proposed size, shape and arrangement of structures, and
(ii)
The accessibility and traffic pattern for persons and vehicles, and the type and volume of such traffic, and the adequacy of proposed off-street parking and loading, and
(iii)
The safeguards afforded to prevent noxious or offensive emissions such as noise, glare, dust and odor, and
(iv)
Treatment given, as appropriate, to such aspects as landscaping, screening, open spaces, parking and loading areas, service areas, lighting and signs; and
(c)
That such use or feature as proposed will comply with the applicable provisions of this title, will be consistent with the policies and programs of the general plan and will assist in carrying out and be in conformity with the Point Arena coastal program; and
(d)
That the proposed use or feature will have no significant adverse environmental impact or there are no feasible alternatives, or feasible mitigation measures, as provided in the California Environmental Quality Act, available which would substantially lessen any significant adverse impact that the actions allowed by the conditional use permit may have on the environment; and
(e)
When the subject property is located between the sea and the first public road paralleling the sea or within 300 feet of the inland extent of any beach or of the mean high tide line where there is no beach, whichever is the greater, that:
(i)
The development provides adequate public access from the nearest public roadway to the shoreline and along the coast and/or does not interfere with such uses already in existence, and
(ii)
The development adequately protects public views from any public road or from a recreational area to, and along, the coast, and
(iii)
The development is compatible with the established physical scale of the area, and
(iv)
The development does not significantly alter existing natural landforms, and
(v)
The development complies with shoreline erosion and geologic setback requirements.
(3)
Variance Findings. A variance may be granted only upon adoption of written findings showing that all of the following conditions are present:
(a)
That there are exceptional or extraordinary circumstances applying to the property involved or to the intended use of the property that do not apply generally to other property or uses in the same class or district; and
(b)
That owing to such exceptional or extraordinary circumstances the literal enforcement of specific provisions of this title would result in the practical difficulty or unnecessary hardship not created by or attributable to the applicant or the owner of the property; and
(c)
That such variance will not constitute a grant of special privilege inconsistent with limitations imposed on similarly zoned properties; and
(d)
That such variance is necessary for the preservation and enjoyment of a substantial property right of the subject property, possessed by other property in the same class or district; and
(e)
That the granting of such variance will not be materially detrimental to the public welfare or materially injurious to property or improvements in the vicinity; and
(f)
That the granting of such variance will be consistent with the general purposes and programs of the Point Arena general plan; and
(g)
That the variance will not permit a use other than a use permitted in the applicable zoning district; and
(h)
That either the variance will have no significant adverse environmental impact or there are no feasible alternatives, or feasible mitigation measures, as provided in the California Environmental Quality Act, available which would substantially lessen any significant adverse impact that the actions allowed by the variance may have on the environment; and
(i)
When the subject property is located 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, that:
(i)
The development provides adequate public access from the nearest public roadway to the shoreline and along the coast and/or does not interfere with such uses already in existence, and
(ii)
The development adequately protects public views from any public road or from a recreational area to, and along, the coast, and
(iii)
The development is compatible with the established physical scale of the area, and
(iv)
The development does not significantly alter existing natural landforms, and
(v)
The development complies with shoreline erosion and geologic setback requirements.
(Ord. 179 § 6.08, 2001.)
§ 18.30.090 Conditions.
In granting a variance, conditional use permit, coastal development permit or design review, the planning commission shall impose conditions as deemed necessary to carry out the intent and purpose of this title. The violation of any specification or condition so imposed shall constitute a violation of this title and may constitute grounds for revocation of permit(s).
(Ord. 179 § 6.09, 2001.)
§ 18.30.100 Effective dates.
(1)
Effective Dates of Local Actions Other Than on Coastal Development Permit Applications. Planning commission or city council approval of variances and conditional use permits shall become final 10 working days from the date action is taken and findings in support of the action are adopted, unless an appeal to the city council has been taken within that time. Failure of the planning commission to act within the time limits established in the California Government Code Sections 65950 and 65957.1 shall be considered approval of the application on the date the time limitation expires, and the approval shall become final in 10 working days unless appealed to the city council.
(2)
Effective Date of Local Action on a Coastal Development Permit Application. The city's final decision on a coastal development permit application for an appealable development shall become effective after the 10 working-day appeal period to the Coastal Commission has expired unless either of the following occur: (a) an appeal is filed in accordance with Title 14 CCR Section 13111 and pursuant to Section 18.30.180; or (b) the notice of final local government action does not meet the requirements of Title 14 CCR Section 13571. When either of the circumstances in subsections (a) and (b) 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. Section 18.30.180.
City council action on an appeal shall become final 10 working days from the date action is taken and findings in support of the action are adopted, unless it is appealed to the Coastal Commission.
(Ord. 179 § 6.10, 2001.)
§ 18.30.110 Coastal development permits.
(1)
Permit—When Required. In conformance with Section 30600 of the California Coastal Act, in addition to any other approval or permit required under this title and as specifically excluded in subsection (2), a coastal development permit shall be required for any use, building or other development, as defined in California Coastal Act Code Section 30106.
Each coastal development permit application shall be submitted with all of the application requirements contained in relevant sections of Chapter 18.25 and all other applicable provisions in the subject development's zoning district.
(2)
Developments Not Requiring a Permit. The following categories of development shall not require a coastal development permit, but shall not occur where prohibited by this title:
(a)
Improvements to existing single-family residences except as noted in subsection (a)(i). For purposes of this section, the term "improvements to existing single-family residences" includes all fixtures and structures directly attached to the residence and those structures normally associated with a single-family residence, such as garages, swimming pools, fences, storage sheds and landscaping but specifically not including guest houses or accessory self-contained residential units.
The exemption shall not apply to the following classes of development which require a coastal development permit because they involve a risk of adverse environmental impact:
(i)
Improvements to a single-family structure if the structure or improvement is located: on a beach, in a wetland, seaward of the mean high tide line, in an environmentally sensitive habitat area, or within 50 feet of the edge of a coastal bluff;
(ii)
Any significant alteration of land forms including removal or placement of vegetation, on a beach, wetland, or sand dune, or within 50 feet of the edge of a coastal bluff, or in environmentally sensitive habitat areas;
(iii)
The expansion or construction of water wells or septic systems;
(iv)
On property not included in subsection (2)(a) that is located between the sea and the first public road paralleling the sea or within 300 feet of the inland extent of any beach or of the mean high tide of the sea where there is no beach, whichever is the greater distance, or in significant scenic resources areas as designated by the city or Coastal Commission, improvement that would result in an increase of 10 percent or more of internal floor area of an existing structure or an additional improvement of 10 percent or less where an improvement to the structure had previously been undertaken pursuant to this section or Public Resources Code Section 30610(a), increase in height by more than 10 percent of an existing structure and/or any significant nonattached structure such as garages, fences, shoreline protective works or docks;
(v)
In areas which the city or Coastal Commission has previously 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;
(vi)
Any improvement to a single-family residence where the development permit issued for the original structure by the Coastal Commission, regional Coastal Commission, or city indicated that any future improvements would require a development permit.
(b)
Improvements to any structure other than a single-family residence or a public works facility except as noted in subsection (b)(iii). For purposes of this section, where there is an existing structure, other than a single-family residence or public works facility, the following shall be considered a part of that structure:
(i)
All fixtures and other structures directly attached to the structure;
(ii)
Landscaping on the lot;
(iii)
The exemption in subsection (b)(i) shall not apply to the following classes of development which require a coastal development permit because they involve a risk of adverse environmental effect, adversely affect public access, or involve a change in use contrary to the policies of the LCP:
1.
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; or within 50 feet of the edge of a coastal bluff,
2.
Any significant alteration of land forms including removal or placement of vegetation, on a beach or sand dune; in a wetland or stream; within 100 feet of the edge of a coastal bluff, or in an environmentally sensitive habitat area,
3.
The expansion or construction of water wells or septic systems,
4.
On property not included in subsection (b)(iii)(1) that is located between the sea and the first public road paralleling the sea or within 300 feet of the inland extent of any beach or of the mean high tide of the sea where there is no beach, whichever is the greater distance, or in significant scenic resource areas as designated by the LUP, an improvement that would result in an increase of 10 percent or more of internal floor area of the existing structure, or constitute an additional improvement of 10 percent or less where an improvement to the structure has previously been undertaken pursuant to subsection (b) or Public Resources Code Section 30610(b), and/or increase in height by more than 10 percent of an existing structure,
5.
In areas which the city or the Coastal Commission has previously declared by resolution after public hearing to have a critically short water supply that must be maintained for protection of coastal recreation or public recreational use, the construction of any specified major water using development including, but not limited to, swimming pools or the construction or extension of any landscaping irrigation system,
6.
Any improvement to a structure where the coastal development permit issued for the original structure by the city or the Coastal Commission indicated that any future improvements would require a development permit,
7.
Any improvement to a structure which changes the intensity of use of the structure,
8.
Any improvement made pursuant to a conversion of an existing structure from a multiple unit rental use or visitor-serving commercial use to a use involving a fee ownership or long-term leasehold including, but not limited to, a condominium conversion, stock cooperative conversion or motel/hotel timesharing conversion.
(c)
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.
(d)
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, except as provided in subsection (e).
(i)
The exemption shall not apply to the following extraordinary methods of repair and maintenance which require a coastal development permit because they involve a risk of adverse environmental impact:
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 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 works,
c.
The replacement of 20 percent or more of the materials of an existing structure with materials of a different kind, or
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 20 feet of coastal waters or streams;
2.
Any method of routine maintenance dredging that involves:
a.
The dredging of 100,000 cubic yards or more within a 12-month period,
b.
The placement of dredged spoils of any quantity within an environmentally sensitive habitat area, on any sand area, within 50 feet of the edge of a coastal bluff or environmentally sensitive habitat area, or within 20 feet of coastal waters or streams, or
c.
The removal, sale, or disposal of dredged spoils of any quantity that would be suitable for beach nourishment in an area the city or the Coastal Commission has declared by resolution to have a critically short sand supply that must be maintained for protection of structures, coastal access or public recreational use;
3.
Any repair or maintenance to facilities or structures or work located in an environmentally sensitive habitat area, any sand area, within 50 feet of the edge of a coastal bluff or environmentally sensitive habitat area, or within 20 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;
4.
All repair and maintenance activities governed by these provisions shall be subject to the LCP permit regulations. These provisions shall not be applicable to those activities specifically described in the document entitled Repair, Maintenance and Utility Hookups, adopted by the Coastal Commission on September 5, 1978 unless a proposed activity will have a risk of substantial adverse impact on public access, environmentally sensitive habitat area, wetlands, or public views to the ocean;
5.
Unless destroyed by natural disaster, the replacement of 50 percent or more of a single-family residence, (as measured by 50 percent of the exterior walls), 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;
6.
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 this division; provided, however, that the city may, where necessary, require reasonable conditions to mitigate any adverse impacts on coastal resources, including scenic resources;
7.
a.
The replacement of any structure, other than a public works facility, destroyed by a disaster. The 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 10 percent, and shall be sited in the same location on the affected property as the destroyed structure.
b.
As used in this subdivision:
"Bulk"
means total interior cubic volume as measured from the exterior surface of the structure.
"Disaster"
means any situation in which the force or forces which destroyed the structure to be replaced were beyond the control of its owner.
"Structure"
includes landscaping and any erosion control structure or device which is similar to that which existed prior to the occurrence of the disaster.
8.
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 11212 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.
(Ord. 179 § 6.11, 2001.)
§ 18.30.120 Categorical exclusion.
(1)
Geographical Area. Categorical Exclusion Order No. E-81-3 issued by the Commission on May 6, 1981 is intended to exempt from coastal permit requirements the following defined categories of developments within all zones of the city of Point Arena except as provided in this section.
(2)
Categories of Development.
(a)
Except in areas seaward of the first public road, construction of accessory structures or buildings of less than 500 square feet in floor area and less than 15 feet in height, changes in landscaping and site excavation or filling more than 100 feet from any perennial stream or mean high tide line which will not change the existing elevation more than two feet at any point.
"Accessory structure or building"
means a detached and subordinate building or structure, other than a sign, or the use of which is incidental to that of a main building or use on that lot. On any lot on which is located a dwelling, any building or structure which is incidental to the conducting of any agricultural use.
(b)
Except in designated riparian corridors or unstable areas identified in the LCP:
(i)
Fences up to six feet and freestanding masonry walls up to 36 inches in height;
(ii)
Standard electroliers not over 35 feet in height above finish grade;
(iii)
Temporary structures build in conjunction with special events.
(c)
Any construction, enlargement, alteration, repair, moving, improvement, removal, conversion or demolition of any building or structure less than any of the following criteria:
(i)
Curbs, retaining walls and planter boxes up to 18 inches in height;
(ii)
A small tool or storage cabinet with not more than 100 square feet of projected roof area. Multiple cabinets shall require approval. Lot line setbacks are to be observed.
(d)
Except within a geologically unstable area or area within 100 feet of the Hathaway Creek Fault, discussed in Section 18.25.200, or a riparian buffer area described in Section 18.25.220 (the geologic and riparian areas are clearly designated in the city of Point Arena land use plan), any excavation or fill or combination thereof, less than both of the following criteria:
(i)
1000 square feet of surface area including the removal of groundcover. This does not include groundcover removed for agricultural or grading for road and trail maintenance purposes;
(ii)
50 cubic yards of material.
This shall not apply to any excavation or fill: | |
(i) | Within public sewer, water main, storm drain or power line easements, and within public streets; |
(ii) | Which will encroach upon or alter in any way a drainage channel, tidal area, water course, floodplain or area subject to inundation. This does not include the maintenance of existing ditches. |
Groundcover removal for road and maintenance purposes in a riparian corridor or unstable area is not subject to this section. | |
(3)
Conditions.
(a)
Any amendment to the certified LCP which affects the land area to which this exclusion applies shall require the approval of the California Coastal Commission pursuant to Commission Regulations and the Coastal Act of 1976 (PRC Section 30514).
(b)
The city of Point Arena shall maintain a record of any other permits which may be required for categorically excluded development which shall be made available to the Commission or any interested person upon request pursuant to Section 00154 of the Commission LCP Regulations.
(c)
This exclusion shall apply to the permit requirements of the Coastal Act of 1976, pursuant to PRC Sections 30610(e) and 30610.5(b), and shall not be construed to exempt any person from the permit requirements of any other federal, state, or local government agency.
(d)
This exclusion shall not apply to tide and submerged land, beaches, and lots immediately adjacent to the inland extent of any beach, or of the mean high tide line of the sea where there is no beach, potential public trust lands as identified by the State Lands Division in the trust claim maps, or wetlands as identified in the power plant siting wetland resource maps.
(Ord. 179 § 6.11, 2001.)
§ 18.30.130 Planned residential development (PRD).
Development governed by a the planned residential development process shall require a coastal development permit, and shall conform with all the provisions below. The planned residential development procedure shall be required for any proposed use, new development or project, including, but not limited to, land divisions, proposed on parcels of record of 10 acres or more or on any two or more abutting parcels of less than 10 acres that are in the same ownership or under the same control and which total 10 acres or more, and if the parcel is zoned SR, UR or MR. All uses principally or conditionally permitted in those zones may be included.
(1)
For the purpose of this PRD review process, "new development" does not include:
(a)
The demolition and reconstruction of any single-family residence; provided, that the reconstructed residence shall not exceed either the floor area, height or bulk of the former structure by more than 10 percent, and that the reconstructed residence shall be sited in the same location on the affected property as the former structure;
(b)
Improvements to any structure which do not change the intensity of its use, which do not increase either the floor area, height, or bulk of the structure by more than 10 percent;
(c)
Repair and maintenance activities of an existing structure that does not result in an addition to, or enlargement or expansion of, the object of the repair or maintenance activities.
(2)
The purposes of this procedure are:
(a)
To encourage and allow flexibility in site design, building layouts and design, and land usage, and in the application of development standards;
(b)
To ensure that open spaces and natural features are preserved and integrated into new developments; and
(c)
To allow careful and comprehensive public review of proposed large-scale projects.
A comprehensive development plan shall be submitted in connection with a coastal development permit application for a PRD, and may be submitted in other circumstances involving less than 10 acres where the proposal is limited to planned residential projects within the SR, UR or MR zones. |
A coastal development permit for development governed by the PRD process may be granted in lieu of any required variances, conditional use permits, and design review approvals, and shall be granted prior to or concurrently with any required tentative subdivision map, and/or parcel map, for any or all of the parcel or parcels for which there is a CDP application for a PRD. |
Residential Density and Other Standards. Residential densities calculated in number of dwelling units per acre shall be the same as in effect for the underlying zone, although individual lot sizes and yard, setback and building height requirements, may vary from the strict requirements of said zones. Common open space shall make up 50 percent of the subdivision or residential development project. For proposed developments within MR zoning district, the 50 percent open space requirement shall supersede and be required in place of the 15 percent useable open space regulation set forth in Section 18.20.040(3)(g). |
(Ord. 179 § 6.11, 2001.)
§ 18.30.140 Comprehensive development plans.
(1)
Comprehensive development plans shall be prepared to describe and support land use or development proposals in connection with a CDP application for development governed by the PRD process for large lots and projects, as well as under circumstances as may be defined and required in this title, including, but not limited to, conditional residential and mixed uses in C and HWC zones, and may be prepared in other circumstances at the discretion of the property owner.
(2)
Comprehensive development plans must include all parcels larger than 10 acres or parcels in common contiguous ownership totaling 10 acres or abutting parcels under the same control totaling 10 acres, so that development for all such parcels can be planned for comprehensively. Plans are expected to consist of text and maps sufficient to describe the overall concept of the proposal (the concept plan), and in sufficient detail as to also provide the planning commission with complete information about the proposal and its impacts. Comprehensive development plans shall adhere to the provisions of the underlying zoning district to which they attach, except as provided herein.
(3)
The purposes of the plan is to supply all of the relevant information required for comprehensive review, and, if appropriate and warranted, to facilitate creative and flexible modifications of standards and requirements of the underlying zones of this title, and to ensure that greater public benefits will be achieved, to encourage the preservation of open space and to protect coastal resources, by preparing and adhering to an overall plan for the use of property in one or joint ownership than would otherwise be the case.
(a)
General Requirements. Comprehensive development plans shall consist of maps and a text describing in detail all features of the land use or development proposal on a lot or assemblage of commonly-held contiguous lots.
(b)
Specific Requirements.
(i)
Uses permitted: all uses principally permitted or conditionally permitted in the underlying zone.
(ii)
Standards for development shall be those of the underlying zone, provided however that said standards may be modified by the planning commission or city council as they relate to height, required yards, building heights, and minimum ultimate lot sizes. Modifications of said standards shall only be approved upon the planning commission or city council making written findings that such modifications are in the public interest and that greater public benefits will be assured, that coastal resources will be protected and enhanced, and that coastal resources, including, but not limited to, visual resources, will not be adversely impacted. Such benefits include, but are not limited to, improved or innovative site and architectural design; greater public and private open spaces; preservation of natural resources, species, features, and habitats; preservation of view sheds; and preservation of historic features. Terms and limitations contained in the comprehensive development plan's required components in subsection iii below shall be recorded as conditions, covenants, and restrictions on the land.
(iii)
Information that must be submitted for all projects subject to the PRD process or otherwise subject to comprehensive development plan requirements, and including information on all parcels totaling 10 acres or more if in common contiguous ownership or abutting parcels under the same control which total 10 acres or more, as applicable:
1.
A proposed plot plan for the development, including project boundary designation, perimeter of the ownership, location and dimensions of any existing property lines and easements;
2.
Locations of proposed land uses, structures, roads, trails, parking, yards, pathways, open spaces, easements and other public and private facilities as well as building envelopes, maximum heights and other dimensions of all structures, setbacks from property lines and road rights-of-way, and percentage of lot coverage of development;
3.
The use of adjoining properties and buildings within 50 feet of the property line;
4.
Existing features of and proposed changes in the topography of the site, including the location and extent of any grading or earth moving, drainage channels, or water courses;
5.
The locations and capacities of existing utilities;
6.
The location of existing structures and of trees in excess of three inches in diameter;
7.
The approximate timetable and phasing of proposed site preparation and development activities;
8.
Proposed open space plan;
9.
Proposed parking, recreational areas, common areas;
10.
Other information as applicable, which may include, but not be limited to, economic/market analyses, habitat inventory and plan, archeological analysis, visual quality analysis, public services and facilities plan, utility services plan, land subdivision plan, showing exterior lighting, roof plans, noise abatement measures, view sight lines, location of ESHAs, geologic hazard areas, and other features necessary to evaluate the specific proposal and judge it in reference to this title, other relevant city ordinances, and the general plan;
11.
Geologic studies as otherwise provided for in Section 18.25.200;
12.
A proposed parcel or subdivision map, if subdivision is proposed;
13.
Such mitigation measures as may be specified as a consequence of environmental impact studies;
14.
Conceptual landscaping plans;
15.
Conceptual engineering plans, including site grading.
(iv)
The city may also require the following information to be submitted:
1.
Architectural elevations and sketches for buildings, signs, and fencing, including material and color specifications;
2.
The width and location of surrounding and adjoining streets, roads and trails, and proposed street and trail alignments;
3.
A detailed landscaping plan including all details and methods of irrigation and maintenance, and type of plant materials;
4.
Detailed engineering plans showing site grading, including finished grades and drainage.
(Ord. 179 § 6.11, 2001.)
§ 18.30.150 Sign permits-Streamlined administrative process.
Coastal development permit applications for signs which may be found categorically exempt under CEQA guidelines shall be granted under the administrative process set forth in Section 18.30.230 except that local actions on coastal development permit applications for signs that are appealable to the Commission shall be subject to the hearing process set forth under Section 18.30.220. Coastal development permit applications for signs which are not found to be categorically exempt from CEQA shall also be subject to the hearing process set forth under Section 18.30.220.
(Ord. 179 § 6.11, 2001.)
§ 18.30.160 Time limitations on permits.
A two-year limitation applies to all coastal development, variance, conditional use, design review, planned residential development, or comprehensive development plan permits. If development has not commenced within two years from the granting of a permit, the permit shall be void.
(Ord. 179 § 6.14, 2001.)
§ 18.30.170 Revocation of permits.
(1)
Revocation of Permits Other Than Coastal Development Permits. In any case where the terms and conditions of a grant of a variance, conditional use permit or design review are not complied with, the planning commission shall give notice to the holder of such permit of its intention to revoke such permit. Permits may also be revoked if the planning commission determines that the notification requirements in Section 18.30.220 were not satisfied by the applicant. Procedures for the revocation of a permit shall be the same as for the original consideration except that the city clerk shall assume all notification responsibility.
(2)
Revocation of Coastal Development Permits. Grounds for revocation of a coastal development permit shall be:
(a)
Intentional inclusion of inaccurate, erroneous or incomplete information in connection with a coastal development permit application, where the city finds that accurate and complete information would have caused the city to require additional or different conditions on a permit or deny an application;
(b)
Failure to comply with the notice provisions of Section 18.30.220, where the views of the person(s) not notified were not otherwise made known to the city and could have caused the city to require additional or different conditions on a permit or deny an application.
(c)
Initiation of Proceedings. Any person who did not have an opportunity to fully participate in the original permit proceeding by reason of the permit applicant's intentional inclusion of inaccurate information or failure to provide adequate public notice as specified in subsections (2)(a) and (2)(b) may request revocation of a permit by application to the city clerk specifying, with particularity, the grounds for revocation. The city clerk shall review the stated grounds for revocation and, unless the request is patently frivolous and without merit, shall initiate revocation proceedings. The city may initiate revocation proceedings on its own motion when the grounds for revocation have been established pursuant to the provisions of subsections (2)(a) and (2)(b).
(d)
Suspension of Permit. Where the city clerk determines in accord with subsection (2)(c), that grounds exist for revocation of a permit, the operation of the permit shall be automatically suspended until the city planning commission votes to deny the request for revocation. The city clerk shall notify the permittee by mailing a copy of the request for revocation and a summary of the procedures set forth in this article, to the address shown in the permit application. The city clerk shall also advise the applicant in writing that any development undertaken during suspension of the permit may be in violation of the LCP and subject to the penalties set forth in Section 18.35.020.
(e)
Hearing on Revocation.
(i)
At the next regularly scheduled meeting, and after notice to the permittee and any persons the city clerk has reason to know would be interested in the permit or revocation, the city clerk shall report the request for revocation to the commission with a preliminary recommendation on the merits of the request.
(ii)
The person requesting the revocation shall be afforded a reasonable time to present the request and the permittee shall be afforded a like time for rebuttal.
(iii)
The planning commission shall ordinarily vote on the request at the same meeting, but the vote may be postponed to a subsequent meeting if the planning commission wishes the city clerk or the city attorney to perform further investigation.
(iv)
A permit may be revoked by a majority vote of the members of the planning commission present if it finds that any of the grounds specified in subsections (2)(a) and (2)(b) exist. If the planning commission finds that the request for revocation was not filed with due diligence, it shall deny the request.
(Ord. 179 § 6.15, 2001.)
§ 18.30.180 Appeals of local actions other than a coastal development permit.
In the case of any variance, conditional use permit or design review, or denial of a proposed change in the zoning map by the planning commission, and in the case of any order, requirement, decision or other determination made by any city employee, the procedures for appeals shall be as provided herein:
(1)
Administrative Actions Appealable. Any person aggrieved by a determination, interpretation, decision, decree, judgment, or similar action taken by a city employee under the provision of this title may appeal such action to the planning commission within 10 working days of being notified of the decision.
(2)
Planning Commission Actions Appealable. An action, or appellate determination, taken by the planning commission on a variance, conditional use permit or design review shall become final after the 10th working day, unless the action of the planning commission is appealed to the city council within that time.
(3)
City Council Actions Appealable. An action, or appellate determination, taken by the city council on a variance, conditional use permit or design review shall become final upon said action.
(4)
Filing Requirements. Appeals to the planning commission or city council shall be addressed to the appellate body on a prescribed form and shall state the basis of the appeal. Appeals shall be filed in the office of the city clerk within the appeal period provided in Section 18.30.100(1). There shall be no fee for filing an appeal. The city clerk shall determine from the records whether the appellant submitted comments on the issue being appealed to each previous appellate body. Only if such comments have been submitted shall an appeal be accepted, unless the appellant can demonstrate that there were valid reasons why he or she could not attend the hearings or submit written comments.
(5)
Notice of a Public Hearing. A public hearing shall be conducted on all appeals. The notice and conduct of hearings by the appellate body shall be governed by the provisions of Sections 18.30.200 through 18.30.220, and shall conform to the manner in which the original notice was given and the original hearings were conducted, if any.
(6)
Time Limitation and Vote. The planning commission or city council shall determine an appeal not later than 60 days following the date of the hearing. If both the applicant and the appellant consent in writing, the time limitation for a decision may be extended from time to time. 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 the appellate body.
(7)
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.
(8)
Conditions and Findings. The appellate body may impose or prescribe conditions as are in its opinion necessary to serve the objectives of this title and the Point Arena general plan. The appellate body shall make a written determination of its decision together with its findings in support of the decision.
(Ord. 179 § 6.16, 2001.)
§ 18.30.190 Appeals for local actions on coastal development permit applications.
(1)
Planning Commission Actions Appealable. An action taken by the planning commission on a coastal development permit application may be appealed to the city council within 10 working days of such action.
(2)
Filing Requirements. Coastal development permit appeals to the planning commission or city council shall be addressed to the appellate body on a prescribed form and shall state the basis of the appeal. Appeals shall be filed in the office of the city clerk within the appeal period provided in Section 18.30.100. There shall be no fee for filing an appeal. The city clerk shall determine from the records whether the appellant submitted comments on the issue being appealed to each previous appellate body. Only if such comments have been submitted shall an appeal be accepted, unless the appellant can demonstrate that there were valid reasons why he or she could not attend the hearings or submit written comments.
(3)
Notice of a Public Hearing. A public hearing shall be conducted on all appeals. The notice and conduct of hearings by the appellate body shall be governed by the provisions of Sections 18.30.200 through 18.30.220, and shall conform to the manner in which the original notice was given and the original hearings were conducted, if any.
(4)
Time Limitation and Vote. The planning commission or city council shall determine an appeal not later than 60 days following the date of the hearing. If both the applicant and the appellant consent in writing, the time limitation for a decision may be extended from time to time. 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 the appellate body.
(5)
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.
(6)
Conditions and Findings. The appellate body may impose or prescribe conditions as are in its opinion necessary to ensure conformance with this title and the Point Arena general plan. The appellate body shall make a written determination of its decision together with its findings in support of the decision.
(7)
Finality of City Action. A local decision on an application for a coastal development permit shall not be deemed complete until: (a) 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 (b) when all local rights of appeal have been exhausted as defined in Title 14 CCR 13573.
(8)
Final City Action—Notice.
(a)
Notice After Final Local Decision. (This section shall not apply to categorically excluded developments.) Within seven calendar days of the city completing its review and meeting the requirements of subsection (7), 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.
(b)
Failure to Act—Notice.
(i)
Notification by Applicant. If the city has failed to act on an application within the time limits set forth in Government Code Sections 65950 through 65957.1, thereby approving the development by operation of law, the person claiming a right to proceed pursuant to Government Code Sections 65950 through 65957.1 shall notify, in writing, the local government and the 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.
(ii)
Notification by City. When the city determines that the time limits established pursuant to Government Code Sections 65950 through 65957.1 have expired, the city shall, within seven calendar days of such determination, notify any person entitled to receive notice pursuant to subsection (8)(a) that the application has been approved by operation of law pursuant to Government Code Sections 65950 through 65957.1 and the application may be appealed to the Commission pursuant to Title 14 CCR Section 13110 et seq. (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.)
(9)
City Action—Effective Date. The city's final decision on an application for an appealable coastal development permit shall become effective after the 10 working day appeal period to the Commission has expired unless either of the following occur:
(a)
An appeal is filed in accordance with Title 14 CCR Section 13111;
(b)
The notice of final local government action does not meet the requirements of subsection (8).
When either of the circumstances in subsections (9)(a) and (b) occur, the 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. 179 § 6.16.5, 2001.)
§ 18.30.200 Application form.
Applications for variance, conditional use permit, coastal development permit or design review, planned residential development permit, comprehensive development plans, signs, and amendment to the text of this title or the zoning map shall be submitted to the city clerk's office upon a prescribed form. Ten copies of maps, drawings and such other information as specified on the application forms shall be provided unless additional copies are specified. Each application filed by or on behalf of one or more property owners shall be verified by at least one such owner or his/her authorized agent, attesting to the truth and correctness of all facts, statements and information presented. If multiple permits are required, the coastal development permit shall become the main or overriding permit and all other permits will become a part of the coastal development permit.
The coastal development permit application form shall require at least the following items:
(1)
An adequate description including maps, plans, photographs, etc., of the proposed development, project site and vicinity sufficient to determine whether the project complies with all relevant policies of the LCP, including sufficient information concerning land and water areas in the vicinity of the site of the proposed project, (whether or not owned or controlled by the applicant) so that the city will be adequately informed as to present uses and plans, both public and private, insofar as they can reasonably be ascertained for the vicinity surrounding the project site. The description of the development shall also include any feasible alternatives or any feasible mitigation measures available which would substantially lessen any significant adverse impact which the development may have on the environment. For purposes of this section the term "significant adverse impact on the environment" shall be defined as in the California Environmental Quality Act and the guidelines adopted pursuant thereto;
(2)
A description and documentation of the applicant's legal interest in all the property upon which work would be performed, if the application were approved, e.g., ownership, leasehold, enforceable option, authority to acquire the specific property by eminent domain;
(3)
A dated signature by or on behalf of each of the applicants, attesting to the truth, completeness and accuracy of the contents of the application and, if the signer of the application is not the applicant, written evidence that the signer is authorized to act as the applicant's representative and to bind the applicant in all matters concerning the application;
(4)
In addition to full size drawings, maps, photographs, and other exhibits drawn to scale, either one copy of each drawing, map, photograph, or other exhibit approximately eight and one-half inches by 11 inches, or if the applicant desires to distribute exhibits of a larger size, enough copies reasonably required for distribution to those persons on the city's mailing lists and for inspection by the public in the city office. A reasonable number of additional copies may, at the discretion of the city, be required;
(5)
Any additional information deemed to be required by the city for specific categories of development or for development proposed for specific geographic areas;
(6)
The form shall also provide notice to applicants that failure to provide truthful and accurate information necessary to review the permit application or to provide public notice as required by these regulations may result in delay in processing the application or may constitute grounds for revocation of the permit.
(Ord. 179 § 6.17, 2001.)
§ 18.30.210 Application fees.
(1)
The city council shall by resolution establish a schedule of fees, charges and expenses for variances, conditional use permits, planned residential development permits, coastal development permits or design review, coastal development permits for signs which may be found categorically exempt under CEQA, and amendments to the text of this title and the zoning map and other matters pertaining to this title. The schedule of fees may be changed or modified only by resolution of the city council.
(2)
Until all applicable fees, charges, and expenses have been paid in full, no action shall be taken on any application, or other matters for which a fee, charge or payment of expenses is required by this title or the fee schedule resolution adopted pursuant hereto.
(3)
Any municipal, political or governmental corporation, district body, or public agency is exempted from payment of any fee or charge in connection with an application for any variance, conditional use permit, coastal development permit or design review, planned residential development permit, comprehensive development plan, appeal or zoning ordinance amendment.
(4)
No fee, charge or expense shall be refundable except in any case where the planning commission determines and certifies any such fee or portion thereof has been received in error, in which case the amount received in error may be refunded.
(Ord. 179 § 6.18, 2001.)
§ 18.30.220 Hearing notification requirements.
(1)
For actions initiated by one or more property owners for a variance, conditional use, coastal development permit, or appeal from any of the foregoing, the following notification shall be required:
(a)
City Notice of a Public Hearing for Variances, Conditional Use Permits, or Appeals for Local Actions on Items Other Than Coastal Development Permits. The notice shall indicate the date that an application has been filed, the number assigned to the application, and the applicant's name, a description of the development and its proposed location, and the date, time and place of the hearing, a brief description of the general procedure of local government concerning the conduct of hearing and local actions, the system for local and Coastal Commission appeals, including local fees required. The notice shall be prepared by the city clerk.
(b)
City Notice of a Public Hearing of Coastal Development Permit Applications Appealable to the Coastal Commission. Within 10 calendar days of accepting an application for an appealable coastal development permit or at least seven calendar days prior to the first public hearing on the development proposal, the city shall provide notice by first class mail of pending application for appealable development. This notice shall be provided to each applicant, to all persons who have requested to be on the mailing list for that development project or for coastal decisions within the local jurisdiction, to all property owners and residents within 100 feet of the perimeter of the parcel on which the development is proposed and to the Commission. The notice shall contain the following information:
(i)
A statement that the development is within the coastal zone;
(ii)
The date of filing of the application and the name of the applicant;
(iii)
The number assigned to the application;
(iv)
A description of the development and its proposed location;
(v)
The date, time and place at which the application will be heard by the local governing body or hearing officer;
(vi)
A brief description of the general procedure of local government concerning the conduct of hearing and local actions;
(vii)
The system for local and Coastal Commission appeals, including any local fees required.
(c)
City Notice for Coastal Development Permits Not Appealable to the Coastal Commission.
(i)
Notice of public hearings for coastal development permits not appealable to the Coastal Commission but that do require a public hearing shall provide at a minimum: notice of developments shall be given at least 10 calendar days before the hearing in the following manner:
1.
If the matter is heard by the planning commission 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;
2.
Notice by first class mail to any person who has filed a written request therefor;
3.
Notice by first class mail to property owners within 300 feet;
4.
Notice by first class mail to residents within 100 feet of the proposed project;
5.
Notice by first class mail to the Coastal Commission;
6.
The notice shall contain a statement that the proposed development is within the coastal zone. The city may, instead, elect to provide notice in accordance with subsection (1)(b).
(ii)
Notice of developments which are not appealable to the Coastal Commission and which do not require a public hearing (and which are not categorically excluded) shall be provided as follows: within 10 calendar days of accepting an application for a nonappealable coastal development permit or at least seven calendar days prior to the local decision on the application, the city shall provide notice, by first class mail, of pending development approval. 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, to all property owners or residents within 100 feet of the perimeter of the parcel on which the development is proposed, and to the Coastal Commission. The notice shall contain the following information:
1.
A statement that the development is within the coastal zone;
2.
The date of filing of the application and the name of the applicant;
3.
The number assigned to the application;
4.
A description of development and its proposed location;
5.
The date the application will be acted upon by the city or decision-maker;
6.
The general procedure of the city concerning submission of public comments either in writing or orally prior to the decision;
7.
A statement that a public comment period of sufficient time to allow for the submission of comments by mail will be held prior to the local decision.
(d)
Local Noticing Requirements by Applicant. The applicant shall furnish to the city clerk one stamped envelope addressed to the owner of each parcel of record within 300 feet of each boundary of the subject property for application. The applicant shall ascertain the names and addresses of the owners from the latest equalized assessment roll of the county assessor, or any other records of the county assessor or tax collector which contain more recent information than the assessment roll.
Between the time the application is accepted for filing and the date when notices must be mailed, the applicant must post two notices, at a conspicuous place, easily read by the public, and as close as possible to the subject property. The city shall furnish the applicant with a standardized form to be used for such posting.
If the applicant fails to so post the notice form, distribute notices, or to sign the declaration of posting and distribution no less than 10 days prior to a hearing, or it is determined that the application is incomplete, the city clerk shall withdraw the application from consideration and shall not mail out the hearing notices.
(2)
Determination of Applicable Notice and Hearing Procedures for Local Action on Coastal Development Permits. The determination of whether a development is categorically excluded from coastal development permitting requirements, nonappealable or appealable to the Coastal Commission for purposes of notice, hearing and appeals procedures shall be made by the city at the time the application for development is submitted. This determination shall be made with reference to the 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, nonappealable or appealable:
(a)
The city shall make its determination as to what type of development is being proposed (i.e., categorically excluded, appealable, nonappealable) and shall inform the applicant of the notice and hearing requirements for that particular development. The local determination may be made by any designated local government employee(s) or any local body as provided in city procedures;
(b)
If the determination of the city 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;
(c)
The executive director shall, within two working days of the city 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, nonappealable or appealable;
(d)
Where, after the executive director's investigation, the executive director's determination is not in accordance with the local government determination, the Coastal Commission shall hold a hearing for purposes of determining the appropriate designation for the area. The Commission shall schedule the hearing on the determination for the next Commission meeting (in the appropriate geographic region of the state) following the city request.
(3)
Notice and Hearings for General Plan and Zoning Amendments. For actions associated with amendments to the zoning ordinance, zoning map, or general plan, the planning commission shall review and recommend action on the proposed amendment(s). The planning commission shall hold at least one public hearing before approving a recommendation. The city clerk shall publish a notice of the public hearing at least 10 days prior to the public hearing one time in a newspaper of general circulation.
And, if the proposed zoning ordinance amendment affects the permitted uses of real property, or if the proposed general plan amendment affects the permitted uses or intensity of uses of real property, notice shall also be given pursuant to subsection (1) of this section.
After a hearing, the planning commission shall render its decision in the form of a written recommendation to the city council. Upon receipt of the recommendation of the planning commission, the city council shall hold a public hearing. The city clerk shall publish a notice of the public hearing at least 10 days prior to the public hearing one time in a newspaper of general circulation. The city council may approve, modify or disapprove the recommendation of the planning commission; provided that any modification of the proposed ordinance or general plan amendment by the city council not previously considered by the planning commission during its hearing, shall first be referred to the planning commission for report and recommendation, but the planning commission shall not be required to hold a public hearing thereon. Failure of the planning commission to report within 40 days after the reference, shall be deemed to be approval of the proposed modification.
Before approval of any LCP amendment, the city council must make the finding that such amendment meets the requirements of, and is in conformity with, the LCP and the policies of Chapter 3 of the California Coastal Act.
Any amendment approved by the city shall be submitted to the Coastal Commission in accordance with Sections 30510, 30512, 30513 and 30514 of the Public Resources Code and Sections 13551 and 13552 of Title 14 of the California Code of Regulations.
An amendment to the Commission-certified local coastal program shall not become effective after city council adoption until the amendment is submitted pursuant to the requirements of Section 13551 et seq., of the California Code of Regulations and is effectively certified by the California Coastal Commission pursuant to Chapter 6, Article 2, of the California Coastal Act.
(4)
California Environmental Quality Act (CEQA). If CEQA requires a public review period, then the proposed CEQA action will be included in the hearing notices for permit applications. If the public review period for the proposed CEQA action is a greater period of time than what is required for the hearing notices as described in subsections (1) and (2) of this section, then the public review period shall conform to the CEQA requirements.
(Ord. 179 § 6.19, 2001.)
§ 18.30.230 Administrative process-Coastal development permits for signs, which may be found categorically exempt under CEQA guidelines.
Upon submission and acceptance of the prescribed application form and fees, an application for a coastal development permit for a sign, which may be found categorically exempt under CEQA guidelines, shall be placed on the planning commission's agenda for consideration. The planning commission shall hear comments from interested members of the public and will consider approval of the sign permit application, with or without conditions. The hearing requirements set forth in Section 18.30.220 shall not be a requirement unless the local action on the CDP is for a sign that is appealable to the Coastal Commission. If a coastal development permit application for a sign can not be found to be categorically exempt from CEQA guidelines, the hearing requirements set forth in Section 18.30.220 shall be required. Whether the permit application is for a sign that is categorically exempt from CEQA or not, the planning commission shall review the coastal development permit application for conformity with the policies and standards of the general plan and LCP, including, but not limited to, the visual resource protection policies in Chapters X and of the LUP and Sections 18.25.140 and 18.25.150.
(Ord. 179 § 6.20, 2001.)
§ 18.30.240 Costs of notification to interested persons.
Interested persons who wish to be notified of planning commission and city council hearings shall be sent such notice if they provide the city with a deposit to cover such costs.
(Ord. 179 § 6.21, 2001.)