Chapter 86.70 COASTAL PERMITS

This chapter is enacted to specify the coastal permit process, and the circumstances to which the process applies in order to assure compliance to the California Coastal Act. This chapter recognizes that three areas of jurisdiction exist in the City:

A. Areas under sole City coastal permit authority;

B. Areas under City coastal permit authority, but appealable to the California Coastal Commission; and

C. Areas not under City coastal permit authority (i.e., Federal government military property, areas under San Diego Unified Port District coastal permit jurisdiction and areas that remain within California coastal permit authority). (Ord. 1588; Ord. 1562)

86.70.020 City coastal permit authority.

Federal government property and areas under San Diego Unified Port District coastal permit jurisdiction are not under City coastal permit authority.

86.70.030 Development defined.

For the purpose of this chapter, “development” means, on land, in or under water, the placement, erection, construction, reconstruction, demolition, or alteration of the size of any solid material, building, structure, road, pipe, conduit, siphon, telephone line, or electrical power transmission and distribution line; the discharge or disposal of any dredged material or of any gaseous, liquid, solid, or thermal waste; grading, removing, dredging, mining, or extraction of any materials; change in the density or intensity of use of land, including, but not limited to, subdivisions and other land divisions, including lot splits or the alteration of lot boundaries; change in the intensity of use of water, or of access thereto; and the removal of major vegetation or the harvesting of kelp. (Ord. 1588)

86.70.040 Exemption of development categories from City coastal permit requirements.

The City may permit any category of development, or any category of development within a specifically defined geographic area, that the City, by regulation, after public hearing, has described or identified and with respect to which the City has found that there is no potential for any significant adverse effect either individually or cumulatively on coastal resources or on public access to, or along, the coast. These categorical exemptions shall be approved by the California Coastal Commission and found that no potential for any adverse effect on coastal resources will occur either individually or cumulatively. (Ord. 1751; Ord. 1588)

86.70.045 Repealed.

Repealed by Ord. 1817.

86.70.050 Activities requiring a coastal permit.

A coastal permit is required from the City for all development in areas under City coastal permit authority that are not otherwise categorically exempt. (Ord. 1817; Ord. 1781)

86.70.052 Exempt categories of development.

The City, after public hearings, has identified the following categories of development as having no potential for any significant adverse effect, either individually or cumulatively, on coastal resources or on public access to, or along, the coast, and has therefore exempted these development categories from City coastal permit requirements (as per CMC 86.70.040):

A. Improvements to existing single-family dwelling buildings (in accordance with restrictions of Chapter 86.74 CMC);

B. Improvements to existing duplexes (in accordance with the restrictions of Chapter 86.74 CMC);

C. Repair or maintenance activities that do not result in an addition to, or enlargement or expansion of, the object of such repair or maintenance activities; provided, however, that if the City determines that certain extraordinary methods of repair and maintenance involve a risk of substantial adverse environmental impact, it shall prohibit the use of such methods; and provided, that the activities abide to the restrictions of Chapters 86.72, 86.74 and 86.76 CMC;

D. The installation, testing, and placement in service of the replacement of any necessary utility connection between an existing services facility and any development approved pursuant to this chapter (in 86.74 and 86.76 CMC);

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

F. The replacement of any structure other than a public works facility, destroyed by natural disaster; provided, that such replacement structure or facility shall conform to the applicable requirements of this title, shall be for the same use as the destroyed structure or facility, shall not exceed the floor area, height, or interior cubic volume of the destroyed structure or facility by more than 10 percent, and shall be sited in the same location on the affected property as the destroyed structure or facility;

G. Demolition of any building except visitor serving commercial uses; provided, however, that if the City determines that certain extraordinary methods of demolition involve a risk of substantial adverse environmental impact, it shall prohibit use of such methods;

H. Construction of a single-family dwelling building on a legal lot of record in conformance to all applicable requirements of this title;

I. Construction of a duplex on a legal lot of record in conformance to all applicable requirements of this title;

J. The removal of major vegetation on municipal property; and

K. Activities not requiring either an initial study under CEQA, an environmental assessment under NEPA, a Planning Commission or City Council interpretation, or issuance of a special use permit or variance; and provided the activities as reviewed within the policies of the Coastal Act shall not create a potential for any adverse effect either individually or cumulatively on coastal resources and the activities conform with all provisions of the LCP land use plan. (Ord. 1588)

86.70.060 Categorically exempt geographic areas.

A. Those uses or activities permitted for a particular zone by the Coronado Municipal Code which do not require a discretionary action on the part of the City (i.e., Planning Commission or City Council interpretation, issuance of a major or minor special use permit, or issuance of a variance to either the regulation of the amount of landscaping required or to any standard in Chapters 86.58, 86.64, 86.70, 86.72, 86.74, and 86.76 CMC) shall be exempt in that zone from the City coastal permit process for those areas that are neither under the California Coastal Commission appeal authority nor within the Coastal Commission’s direct permit jurisdiction. Changes to the list of land uses that may be allowed without a discretionary action shall require a local coastal program amendment.

B. The City, after public hearings (as per CMC 86.70.040), has identified the aforementioned uses and activities as categories of development within a specifically defined geographic area, that present no potential for any significant adverse effect, either individually or cumulatively, on coastal resources or on public access to, or along, the coast. (Ord. 1962 § 2, 2004; Ord. 1874; Ord. 1817; Ord. 1781; Ord. 1751)

86.70.070 Coastal Permit Administrator – Purpose.

In order to facilitate administration of the City of Coronado coastal permit process, the Director of Community Development (or his duly authorized agent) is hereby designated Coastal Permit Administrator.

86.70.080 Authority and duties of Coastal Permit Administrator.

The Coastal Permit Administrator shall administer, interpret and enforce the City of Coronado coastal permit process, and is authorized to undertake any action necessary and appropriate to perform these duties. The functions as set forth in this section are considered either ministerial or minor in nature, not requiring initial review by the City Council or any City Commission or Committee, and are indicative but not exhaustive of the Coastal Permit Administrator’s authority. The Coastal Permit Administrator may:

A. Delegate a portion of his duties to a representative;

B. Gather data, investigate circumstances or determine facts in order to determine whether a specific activity or project is under the purview of this chapter, or to assure compliance with this chapter or with conditions placed upon a City coastal permit;

C. Determine whether projects are categorically exempt from the City of Coronado coastal permit requirement per CMC 86.70.050 or 86.70.060;

D. Review coastal permits, as detailed in CMC 86.70.130;

E. Revoke a coastal permit, as detailed in CMC 86.70.140;

F. Require an applicant to provide a certification by a civil engineer that proposed activities meet specified criteria, as detailed in Chapters 86.72, 86.74 and 86.76 CMC;

G. Determine which civil engineers will provide certifications to the City under conditions detailed in Chapters 86.72, 86.74 and 86.76 CMC;

H. Determine whether a specified coastal permit application, or a civil engineer certification of fact, is complete and acceptable to the City;

I. Give public notice of a public hearing to review a coastal permit application or application appeal;

J. Develop coastal permit application forms and processing procedures;

K. Recommend to the City Council appropriate fees for the coastal permit process, or changes to that process;

L. Represent the City concerning coastal permit matters, coordinating City coastal permit activities with appropriate government agencies; and

M. Waive the City coastal permit appeal fee requirement for sites within the California Coastal Commission appeal jurisdiction. (Ord. 1751; Ord. 1588)

86.70.090 Application and fee for coastal permit.

An application for a coastal permit shall be submitted to the Department of Community Development on a form provided by the Coastal Permit Administrator for the purpose. In addition to whatever items the Coastal Permit Administrator deems necessary for the proper administration of this chapter, an application shall, at minimum, contain the following:

A. The applicant’s name, address and telephone number (if applicant has access to telephone);

B. The date the application is submitted;

C. The applicant’s signature;

D. A description of the proposed project or activity;

E. A description of the site;

F. A description of the area immediately adjacent to the site;

G. A plot plan of the site;

H. A filing fee and a public notice fee as required by resolution of the City Council; and

I. Envelopes (affixed with sufficient first class postage) addressed to each applicant, to all persons who have requested to be on a mailing list for the specific project, to all occupants and property owners of property within 100 feet of the perimeter of the project site, and to the California Coastal Commission. (Ord. 1586)

86.70.100 Application procedure – Hearing, notice.

A. Upon the filing of a complete coastal permit application, the Coastal Permit Administrator shall, in a timely manner, schedule a public hearing on the request before the Planning Commission, and provide public notice of the public hearing.

B. Public notice shall be provided at least 10 calendar days prior to the first coastal permit public hearing. Public notice shall consist of notice by first class mail to each applicant, to all persons who have requested to be on a mailing list for the specific project, to all occupants and property owners of property within 100 feet of the perimeter of the project site, and to the California Coastal Commission; and publication of a public notice in a newspaper of general circulation in the City of Coronado. In the situation of a continued hearing, additional notice in conformance with the procedure for the original notice shall be mailed out (if not previously stated in the first notice provided, nor announced at the hearings as to a time certain). The public notice shall contain the following information:

1. A statement that the proposed project or activity requires a City coastal permit (as per CMC 86.70.050);

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 the proposed development and its location;

5. The date, time and place at which the application will be heard by the Planning Commission or City Council;

6. A brief description of the general procedure of local government concerning the conduct of hearing and local actions*; and

7. The system for City and Coastal Commission appeals, including City fees required.*

*Note: Subsections (B)(6) and (7) of this section will not be required for the newspaper public hearing notice. (Ord. 1588)

86.70.110 Findings, decision and issuance of coastal permit.

After the required Planning Commission public hearing, the Planning Commission shall by resolution approve, deny or approve with conditions the City coastal permit application. This Planning Commission resolution shall incorporate findings of fact to explain and justify the Commission’s action. The Coastal Permit Administrator shall issue a coastal permit only after all City coastal permit appeal deadlines have expired for the project or activity. The coastal permit shall have noted on its face whether it was approved with conditions, and either the specific conditions or how the wording of the conditions may be obtained.

86.70.120 Coastal permit relationship to building permit.

If a coastal permit is required for a project or activity, building permits shall not be issued for the project or activity prior to issuance of the coastal permit.

86.70.130 Coastal permit time limit and renewal.

A. Unless renewed, a coastal permit shall expire after one year from the date of issuance.

B. The Coastal Permit Administrator, upon a written request from the applicant, may renew the coastal permit in three-month increments for an additional period not to exceed one year. Work must be initiated on the proposed project or the proposed activity must commence while the coastal permit is in effect. An ongoing activity may be issued a coastal permit for a duration longer than one year if the Planning Commission resolution incorporates a finding of the ongoing nature of the activity, and specifically states the duration of the coastal permit issued. (Ord. 1891; Ord. 1586)

86.70.135 Coastal permit amendment.

A City coastal permit may be amended at the request of the permittee. The amendment procedures and fees shall be identical to the City coastal permit process then in effect. (Ord. 1751)

86.70.140 Coastal permit revocation.

After written notice to the permittee with an opportunity to respond, the Coastal Permit Administrator may revoke a City coastal permit if the Administrator determines that:

A. The permit was originally acquired by the applicant via a fraudulent application; or

B. The applicant fails to comply with one or more of the conditions contained in the permit.

86.70.150 Coastal permit revocation – Notice, appeal.

If the Coastal Permit Administrator determines to revoke a City coastal permit, the administrator shall immediately notify the applicant in writing that the revocation will be effective 10 days after the Administrator’s action unless an appeal is filed with the Coronado Community Development Department prior thereto (as per CMC 86.70.180).

86.70.160 Procedure for open space easements and public access documents.

When the City of Coronado Planning Commission approves a coastal permit that is conditioned with the requirement that an accessway or open space/conservation easement be provided by the applicant, the City shall not issue the permit until the following processing steps are completed:

A. The City Council shall review, revise and accept the easement or land;

B. The Department of Community Development shall record the requisite legal documents; and

C. The Department of Community Development, upon recordation of the documents, shall forward a copy of the permit conditions, findings of approval, the legal documents pertaining to the public access and open space conditions, and a statement as to which private association, public agency or City department shall be responsible for the operation and maintenance of the accessway or open space/conservation area to the Executive Director of the California Coastal Commission. (Ord. 1588)

86.70.170 Reserved.

86.70.180 Coastal permit appeal procedure.

Actions taken in accordance with this chapter by the Coastal Permit Administrator may be appealed to the Planning Commission. Actions by the Planning Commission in accordance with this chapter, including a decision on an appeal from an action by the Coastal Permit Administrator, may be appealed to the City Council. An appeal must be filed in writing with the Coronado Community Development Department within 10 calendar days of the action which is the subject of the appeal. In addition to whatever items the Coastal Permit Administrator deems necessary for the proper administration of this chapter, an appeal shall, at a minimum, contain the following:

A. The appellant’s name, address and telephone number (if appellant has access to telephone);

B. The date the appeal is submitted;

C. The appellant’s signature;

D. Information sufficient to denote the City action under this chapter being appealed (e.g., name or address of project, City permit or file number, description of City action, name of coastal permit applicant, etc.);

E. The reason for the appeal;

F. The appeal fee; and

G. Envelopes (affixed with sufficient first class postage) addressed to the applicant, to appellant, to the California Coastal Commission, to all persons who have requested to be on a mailing list for the specific project, and to all occupants and property owners of property within 100 feet of the perimeter of the project site.

86.70.190 Coastal permit appeal – Hearing, notice.

Upon the timely filing of a complete appeal of an action taken in accordance with this chapter, the Coastal Permit Administrator shall schedule a public hearing for the next available meeting of the appropriate hearing body; and provide public notice with copies sent to the applicant, to appellant, to the California Coastal Commission, to all persons who have requested to be on a mailing list for the specific project, and to all occupants and property owners of property within 100 feet of the perimeter of the project site to include the following information:

A. A statement that the proposed project or activity requires a City coastal permit;

B. The date of filing of the appeal and the name of the appellant;

C. The number, if any, assigned to the City action being appealed;

D. A description of the proposed development and its location;

E. The date, time and place at which, the public hearing on the appeal shall occur;

F. A statement that all persons are welcome to comment on the matter at the public hearing or by mail prior to the public hearing. (Ord. 1586)

86.70.200 Appeals to the California Coastal Commission.

A. For those actions under California Coastal Commission direct or appeal jurisdiction, upon the taking of final action by the City of Coronado, the Coastal Permit Administrator shall notify the applicant of the action taken and provide an information sheet explaining the California Coastal Commission appeal process which shall include a statement to the effect that “Appeal to the California Coastal Commission could result in Coastal Commission denial of a City approved project or activity or new conditions being imposed on the project by the Coastal Commission. The Coastal Commission may not eliminate or modify conditions placed upon the permit by the City of Coronado nor can the California Coastal Commission grant permission for a project or activity denied by the City of Coronado.”

B. The City of Coronado Community Development Department shall make readily available to the public an information sheet explaining the California Coastal Commission appeal process.

86.70.210 Emergency temporary waiver of coastal permit.

Under certain emergency conditions detailed in CMC 86.76.030, the City Manager (or his duly appointed agent) may temporarily waive City coastal permit requirements in order to allow preventive or ameliorative activities necessary to adequately address the emergency situation. If emergency action involves areas subject to CMC 86.70.010(C), an emergency permit must be received from the appropriate government agency. (Ord. 1588)