Chapter 17.44
COASTAL OVERLAY ZONE Revised 6/18

Sections:

17.44.010    Purpose. Revised 6/18

17.44.020    Local coastal program components. Revised 6/18

17.44.030    Definitions. Revised 6/18

17.44.040    Relationship to base zoning districts. Revised 6/18

17.44.050    Allowed land uses. Revised 6/18

17.44.060    Development standards. Revised 6/18

17.44.070    Coastal permit requirements. Revised 6/18

17.44.080    Coastal permit exemptions. Revised 6/18

17.44.090    De minimis waiver of coastal permit. Revised 6/18

17.44.100    Challenges to city determinations. Revised 6/18

17.44.110    Application submittal. Revised 6/18

17.44.120    Public notice and hearing. Revised 6/18

17.44.130    Findings for approval. Revised 6/18

17.44.140    Notice of final action. Revised 6/18

17.44.150    Appeals. Revised 6/18

17.44.160    Permit issuance. Revised 6/18

17.44.170    Emergency permits. Revised 6/18

17.44.180    Coastal permit amendments. Revised 6/18

17.44.010 Purpose. Revised 6/18

This chapter establishes requirements for the coastal (-CZ) overlay zone which apply to all areas within the city of Capitola coastal zone. The -CZ overlay zone implement’s the city’s local coastal program (LCP) in a manner consistent with the requirements of the California Coastal Act and all associated state regulations. This chapter contains requirements for coastal permits to ensure that development projects in the -CZ overlay zone are consistent with the city’s land use plan and local coastal implementation program (LCIP), which together constitute the city’s local coastal program (LCP). (Ord. 1017 § 2 (Exh. A) (part), 2018)

17.44.020 Local coastal program components. Revised 6/18

The city of Capitola LCP consists of the land use plan (LUP) and implementation plan (IP) as described below.

A. Land Use Plan. The land use plan (LUP) consists of the policy text and the adopted land use, resource, constraint, and shoreline access maps, graphics, and charts. The city’s certified LUP (June 1981) is divided into six components as follows:

1. Locating and Planning New or Intensified Development and Public Works Facilities Component.

2. Public Access Component.

3. Visual Resources and Special Communities Component.

4. Recreation and Visitor Serving Facilities Component.

5. Natural Systems Component.

6. Natural Hazards Component.

B. Implementation Plan. The implementation plan (IP) (certified January 1990) consists of the following implementing ordinances of the city’s municipal code:

1. Zoning code (Title 17) chapters as identified in Section 17.04.040 (Relationship to the local coastal program).

2. Chapter 10.36 (Stopping, Standing and Parking).

3. Chapter 12.12 (Community Tree and Forest Management).

4. Chapter 12.44 (Limiting Boats on Capitola Beaches During Evening Hours).

5. Chapter 15.28 (Excavation and Grading).

6. Chapter 16.68 (Condominium and Community Apartment Conversions). (Ord. 1017 § 2 (Exh. A) (part), 2018)

17.44.030 Definitions. Revised 6/18

Specialized terms as used in this chapter are defined as follows:

“Aggrieved person” means any person who, in person or through a representative, appeared at a city public hearing in connection with the decision or action appealed, or who, by other appropriate means prior to a hearing, informed the city of the nature of their concerns, or who for good cause was unable to do either. “Aggrieved person” includes the applicant for a coastal permit.

“Coastal bluff” means a high bank or bold headland with a broad, precipitous, sometimes rounded cliff face overlooking coastal water. A bluff may consist of a steep cliff face below and a more sloping upper bluff above.

“Coastal emergency” means a sudden, unexpected occurrence demanding immediate action to prevent or mitigate loss or damage to life, health, property or essential public services.

“Coastal resources” include, but are not limited to, public access and public access facilities and opportunities, recreation areas and recreational facilities and opportunities (including for recreational water-oriented activities), public views, natural landforms, marine resources, watercourses (e.g., rivers, streams, creeks, etc.) and their related corridors, waterbodies (e.g., wetlands, estuaries, lakes, etc.) and their related uplands, ground water resources, biological resources, environmentally sensitive habitat areas, agricultural lands, and archaeological or paleontological resources.

“Development” means any of the following, whether on land or in or under water:

1. The placement or erection of any solid material or structure;

2. Discharge or disposal of any dredged material or of any gaseous, liquid, solid or thermal waste;

3. Grading, removing, dredging, mining or extraction of any materials;

4. Change in the density or intensity of use of land, including, but not limited to, subdivisions, and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use;

5. Change in the intensity of use of water, or access thereto;

6. Construction, reconstruction, demolition or alteration in the size of any structure, including any facility of any private, public or municipal utility;

7. The removal or harvesting of major vegetation other than for agricultural purposes, kelp harvesting and timber operations which are in accordance with a timber harvesting plan submitted pursuant to the provisions of the Z’berg-Nejedly Forest Practice Act of 1973.

“Energy facility” means any public or private processing, producing, generating, storing, transmitting or receiving facility for electricity, natural gas, petroleum, coal, or other source of energy. A “major energy facility” means any of the previously listed facilities that costs more than one hundred thousand dollars with an automatic annual increase in accordance with the Engineering News Record Construction Cost Index except for those governed by the provisions of Public Resources Code Section 30610, 30610.5, 30611, or 30624.

“Environmentally sensitive areas” include, but are not limited to, wetlands, riparian corridors, Monarch butterfly habitats, and upland areas supporting significant populations of state or federally listed rare, threatened or endangered species.

“Feasible” means that which is capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors.

Local coastal program (LCP)” means the city’s land use plan and implementation plan certified by the Coastal Commission as meeting the requirements of the California Coastal Act of 1976.

“Public works facility” means:

1. Any of the following:

a. All production, storage, transmission, and recovery facilities for water, sewerage, telephone, and other similar utilities owned or operated by any public agency or by any utility subject to the jurisdiction of the Public Utilities Commission, except for energy facilities.

b. All public transportation facilities, including streets, roads, highways, public parking lots and structures, ports, harbors, airports, railroads, and mass transit facilities and stations, bridges, trolley wires, and other related facilities.

c. All publicly financed recreational facilities, all projects of the State Coastal Conservancy, and any development by a special district.

d. All community college facilities.

2. A “major public works facility” means any of the above listed facilities that costs more than one hundred thousand dollars with an automatic annual increase in accordance with the Engineering News-Record Construction Cost Index except for those governed by the provisions of Public Resources Code Section 30610, 30610.5, 30611, or 30624. Notwithstanding the above criteria, a “major public works facility” also means publicly financed recreational facilities that serve, affect, or otherwise impact regional or statewide use of the coast by increasing or decreasing public recreational opportunities or facilities.

“Sea” means the Pacific Ocean and all harbors, bays, channels, estuaries, salt marshes, sloughs, and other areas subject to tidal action through any connection with the Pacific Ocean, excluding nonestuarine rivers, streams, tributaries, creeks and flood control and drainage channels.

“Shoreline protective device” means any device, such as a seawall, revetment, riprap, bulkhead, deep pier/caisson, bluff retention device, etc., built for the purpose of serving a coastal-dependent use, or protecting an existing structure or public beach in danger from erosion.

“Stream” means streams in the coastal zone, perennial or intermittent, which are mapped by the United States Geological Survey (USGS) in the National Hydrographic Dataset.

“Structure” means any improvement permanently attached to the ground, including, but not limited to, any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line and electrical power transmission and distribution line.

;“Wetland” means lands within the coastal zone which may be covered periodically or permanently with shallow water and include saltwater marshes, freshwater marshes, open or closed brackish water marshes, swamps, mudflats, and fens. (Ord. 1017 § 2 (Exh. A) (part), 2018)

17.44.040 Relationship to base zoning districts. Revised 6/18

The -CZ overlay zone applies to property in conjunction with the base zoning districts. In case of a conflict between regulations, the regulations in this chapter shall take precedence over those of the base zoning district. (Ord. 1017 § 2 (Exh. A) (part), 2018)

17.44.050 Allowed land uses. Revised 6/18

Allowed land uses in the -CZ overlay zone are the same as in the underlying base zoning district. Permits required for these uses (e.g., conditional use permit, administrative permit) are the same as in the underlying base zoning district, and are required in addition to any required coastal permit. (Ord. 1017 § 2 (Exh. A) (part), 2018)

17.44.060 Development standards. Revised 6/18

A. General. Development standards (e.g., structure height, setbacks) that apply to property in the -CZ overlay zone are the same as in the underlying base zoning district. (Ord. 1017 § 2 (Exh. A) (part), 2018)

17.44.070 Coastal permit requirements. Revised 6/18

A. Permit Required. All activities that constitute development, as defined in Section 17.44.030, within the -CZ overlay zone require a coastal permit except as specified in Section 17.44.080 (Coastal permit exemptions).

B. Review Authority.

1. The planning commission shall take action on all coastal permit applications that require other discretionary approval by the city.

2. The community development director shall take action on all coastal permit applications for projects that require no other discretionary approval by the planning commission or city council.

3. The city council may take action on coastal permit applications for public works projects that require no other discretionary permit approvals from the city other than funding approval.

4. Development authorized by a Coastal Commission-issued coastal permit remains under the jurisdiction of the Coastal Commission for the purposes of condition compliance, amendment and revocation. Any additional development proposed on a parcel with a Coastal Commission-issued coastal permit shall be reviewed by the city pursuant to an application for a new coastal permit; provided, that the Coastal Commission determines that the development is not contrary to any terms or conditions of the Commission-issued permit.

C. Additional Permits. The review of a coastal permit application shall be processed concurrently with any other discretionary permit applications required by the city. The city may not grant any discretionary approval for a proposed project that conflicts with this chapter. Discretionary approvals become effective only after a coastal permit is approved as required by this chapter.

D. Legal Development and Permitting Processes. Development that legally occurred prior to the effective date of the Coastal Act of 1976 is considered lawfully established development. Improvements, repair, modification, or additions subject to such existing development requires a coastal permit in accordance with the provisions of this chapter. The coastal permit may be approved if the proposed development is consistent with the policies and standards of the city’s LCP.

E. Illegal Development and Permitting Processes. Development that occurred after the effective date of the Coastal Act of 1976 and that did not receive a coastal permit or was not otherwise authorized under the Coastal Act is not lawfully established or authorized development. No improvements, repair, modification, or additions to such existing development may be approved unless a coastal permit is approved that authorizes the existing development, and any violations are abated. The coastal permit shall only be approved if the existing and proposed development is consistent with the policies and standards of the city’s LCP. (Ord. 1017 § 2 (Exh. A) (part), 2018)

17.44.080 Coastal permit exemptions. Revised 6/18

The following projects are exempt from the requirement to obtain a coastal permit:

A. Existing Single-Family Residences. In accordance with PRC Section 30610(a) and 14 CCR Section 13250, improvements to an existing single-family residence, including fixtures and structures directly attached to a residence, landscaping, and structures normally associated with a single-family residence, such as garages, swimming pools, fences and storage sheds, but not including guest houses or self-contained residential units. This exemption also applies to replacement of a mobile home with one which is not more than ten percent larger in floor area, or equipping a mobile home with removable fixtures such as a porch, the total area of which does not exceed ten percent of the square footage of the mobile home itself. This exemption does not include:

1. Improvements to a single-family residence if the residence and/or improvement is located on a beach, in a wetland, seaward of the mean high tide line, within an environmentally sensitive habitat area, in an area designated highly scenic in the LCP, or within fifty feet of the edge of a coastal bluff.

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

3. The expansion or construction of water wells or septic systems.

4. On property not included in subsection (A)(1) of this section that is located between the sea and the first public road paralleling the sea, or within three hundred feet of the inland extent of any beach or of the mean high tide of the sea where there is no beach, whichever is the greater distance when one of the following circumstances apply:

a. Improvement that would result in an increase of ten percent or more of internal floor area of an existing structure; or

b. An additional improvement of ten percent or less where an improvement to the structure has previously been undertaken pursuant to this section; or

c. An increase in height by more than ten percent of an existing structure and/or any significant nonattached structure such as garages, shoreline protective works or docks.

5. In areas having a critically short water supply as declared by resolution of the Coastal Commission, construction of major water-using development not essential to residential use such as swimming pools, or construction or extension of landscape irrigation systems.

6. Any improvement to a single-family residence where the coastal permit issued for the original structure by the Coastal Commission or city indicated that any future improvements would require a coastal permit.

B. Other Existing Structures. In accordance with PRC Section 30610(b) and 14 CCR Section 13253, improvements to an existing structure, other than a single-family residence or public works facility, including landscaping, and fixtures and other structures directly attached to the structure. This exemption does not include:

1. Improvements to a structure if the structure and/or improvement is located on a beach; in a wetland or stream; seaward of the mean high tide line; in an area designated highly scenic in the LCP; or within fifty 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 one hundred feet of the edge of a coastal bluff; in a highly scenic area; 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)(1) of this section that is located between the sea and the first public road paralleling the sea or within three hundred feet of the inland extent of any beach or of the mean high tide of the sea where there is no beach, whichever is the greater distance when one of the following circumstances apply:

a. Improvement that would result in an increase of ten percent or more of internal floor area of an existing structure;

b. An additional improvement of ten percent or less where an improvement to the structure has previously been undertaken pursuant to this section;

c. An increase in height by more than ten percent of an existing structure or any significant nonattached structure such as garages, shoreline protective works or docks.

5. In areas having a critically short water supply as declared by resolution of the Coastal Commission construction of major water-using development such as swimming pools, or construction or extension of landscape irrigation systems.

6. Any improvement to a structure where the coastal permit issued for the original structure by the Coastal Commission or city indicated that any future improvements would require a coastal 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 Navigation Channels. In accordance with PRC Section 30610(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.

1. Any method of routine maintenance dredging that involves:

a. The dredging of one hundred thousand cubic yards or more within a twelve-month period;

b. The placement of dredged spoils of any quantity within an environmentally sensitive habitat area, on any sand area, within fifty feet of the edge of a coastal bluff or environmentally sensitive habitat area, or within twenty feet of coastal waters or streams; or

c. The removal, sale, or disposal of dredged spoils of any quantity that would be suitable for beach nourishment in an area the 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.

D. Public Roads. Repair and maintenance of existing public roads, including resurfacing and other comparable development necessary to maintain the existing public road facility as it was constructed; provided, that:

1. There is no excavation or disposal of fill outside the existing roadway prism; and

2. There is no addition to and no enlargement or expansion of the existing public road.

E. Public Parks. Routine maintenance of existing public parks, including repair or modification of existing public facilities and landscaping where the level or type of public use or the size of structures will not be altered.

F. Public Utilities. Repair, maintenance, replacement, and minor alterations of existing public water, sewer, natural gas, electrical, telephone, television, and flood control infrastructure.

G. Repair or Maintenance Activities. In accordance with PRC Section 30610(d) and 14 CCR Section 13252, 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. This exemption does not include:

1. Any method of repair or maintenance of a seawall revetment, bluff retaining wall, breakwater, groin, culvert, outfall, or similar shoreline work that involves:

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

b. The placement, whether temporary or permanent, of riprap, artificial berms of sand or other beach materials, or any other forms of solid materials, on a beach or in coastal waters, streams, wetlands, estuaries and lakes or on a shoreline protective work except for agricultural dikes within enclosed bays or estuaries;

c. The replacement of twenty percent or more of the materials of an existing structure with materials of a different kind; 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 twenty feet of coastal waters or streams.

2. Any repair or maintenance to facilities or structures or work located in an environmentally sensitive habitat area, any sand area, within fifty feet of the edge of a coastal bluff or environmentally sensitive habitat area, or within twenty feet of coastal waters or streams that include:

a. The placement or removal, whether temporary or permanent, of riprap, 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.

3. Unless destroyed by natural disaster, the replacement of fifty percent or more of a single-family residence, seawall, revetment, bluff retaining wall, breakwater, groin or any other structure that is not repair and maintenance under Coastal Act Section 30610(d) but instead constitutes a replacement structure requiring a coastal permit.

H. Replacement of Destroyed Structures. 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 ten percent, and shall be sited in the same location on the affected property as the destroyed structure. As used in this section, “disaster” means any situation in which the force or forces which destroyed the structure to be replaced were beyond the control of its owner; “bulk” means total interior cubic volume as measured from the exterior surface of the structure.

I. Conversion of Existing Multi-Unit Residential Structures. The conversion of any existing multi-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 chapter, no coastal permit is required for that improvement on the basis that it is to be made in connection with any conversion exempt pursuant to this subsection. The division of a multi-unit residential structure into condominiums, as defined in Section 783 of the Civil Code, is to be considered a time-share project, estate, or use for purposes of this subsection.

J. Temporary Events. Temporary events as defined in this section and which meet all of the following criteria:

1. The event will not occur between the Saturday of Memorial Day weekend through Labor Day, or if proposed in this period will be of less than two days in duration including setup and take-down; and

2. The event will not occupy any portion of a publicly or privately owned sandy beach or park area, public pier, public beach parking area and there is no potential for adverse effect on sensitive coastal resources; and

3. A fee will not be charged for general public admission and/or seating where no fee is currently charged for use of the same area (not including booth or entry fees); or if a fee is charged, it is for preferred seating only and more than seventy-five percent of the provided seating capacity is available free of charge for general public use; and

4. The proposed event has been reviewed in advance by the city and it has been determined that it meets the following criteria:

a. The event will result in no adverse impact on opportunities for public use of or access to the area due to the proposed location and or timing of the event either individually or together with other development or temporary events scheduled before or after the particular event;

b. There will be no direct or indirect impacts from the event and its associated activities or access requirements on environmentally sensitive habitat areas, rare or endangered species, significant scenic resources, or other coastal resources;

c. The event has not previously required a coastal permit to address and monitor associated impacts to coastal resources.

K. Emergency Work. Immediate emergency work necessary to protect life or property, or immediate emergency repairs to public service facilities necessary to maintain service as a result of a disaster in a disaster-stricken area in which a state of emergency has been proclaimed by the Governor pursuant to Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code. (Ord. 1017 § 2 (Exh. A) (part), 2018)

17.44.090 De minimis waiver of coastal permit. Revised 6/18

The director may waive the requirement for a coastal permit through a de minimis coastal permit waiver in compliance with this section upon a written determination that the development meets all of the criteria and procedural requirements set forth in subsections A through G of this section:

A. No Adverse Coastal Resource Impacts. The development has no potential for adverse effects, either individually or cumulatively, on coastal resources.

B. LCP Consistency. The development is consistent with the certified Capitola local coastal program.

C. Not Appealable to Coastal Commission. The development is not of a type or in a location where an action on the development would be appealable to the Coastal Commission.

D. Notice. Public notice of the proposed de minimis waiver of coastal permit and opportunities for public comment shall be provided as required by Chapter 17.148 (Public Notice and Hearings), including provision of notice to the Coastal Commission.

E. Executive Director Determination. The director shall provide a notice of determination to issue a de minimis waiver to the Executive Director of the Coastal Commission no later than ten days prior to the required public hearing. If the Executive Director notifies the director that a waiver should not be issued, the applicant shall be required to obtain a coastal permit if the applicant wishes to proceed with the development.

F. Review and Concurrence. The director’s determination to issue a de minimis waiver shall be subject to review and concurrence by the community development director, planning commission or city council, as applicable. The director shall not issue a de minimis waiver until the public comment period, including at a minimum through and including the required public hearing, has expired. No de minimis waiver may be issued unless it has been reported to decision-makers at a regularly scheduled meeting where the public shall have the opportunity to testify and otherwise participate in a hearing on the de minimis waiver. If two or more decision-makers so request at this hearing, the de minimis waiver shall not be issued and, instead, an application for a coastal permit shall be required and processed in accordance with the provisions of this chapter. Otherwise, the waiver shall be deemed approved, effective, and issued the day of the public hearing. In addition to the noticing requirements above, within seven calendar days of effective date of a de minimis waiver of coastal permit, the director shall notify the Coastal Commission and any persons who specifically requested notice of such action via first class mail, a notice of final action describing the issuance and effectiveness of the de minimis waiver.

G. Waiver Expiration. A de minimis waiver shall expire and be of no further force and effect if the authorized development is not completed within two years of the effective date of the waiver. In this event, a coastal permit shall be required for the development. (Ord. 1017 § 2 (Exh. A) (part), 2018)

17.44.100 Challenges to city determinations. Revised 6/18

A. General.

1. The determination of whether a development is nonappealable or appealable for purposes of notice, hearing, and appeals procedures shall be made by the community development director at the time the coastal permit application is submitted or as soon thereafter as possible, and in all cases prior to the application being deemed complete for processing.

2. This determination shall be made with reference to the certified local coastal program, including any maps, land use designations and zoning ordinances which are adopted as part of the local coastal program.

B. Procedure. Where an applicant, interested person, or the community development director has a question as to the appropriate designation for the development, the following procedures shall establish whether a development is nonappealable or appealable:

1. The community development director shall make its determination as to what type of development is being proposed and shall inform the applicant of the notice and hearing requirements for that particular development (i.e., appealable or nonappealable).

2. If the determination of the local government is challenged by the applicant or an interested person, or if the community development director wishes to have a Commission determination as to the appropriate designation, the community development director shall notify the Commission by telephone of the dispute/question and shall request an Executive Director’s opinion.

3. The Executive Director shall, within two working days of the request (or upon completion of a site inspection where such inspection is warranted), transmit his or her determination as to whether the development is nonappealable or appealable.

4. Where, after the Executive Director’s investigation, the Executive Director’s determination is not in accordance with the community development director’s determination, the 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 following the community development department request. (Ord. 1017 § 2 (Exh. A) (part), 2018)

17.44.110 Application submittal. Revised 6/18

A. Coastal permit applications shall be filed and reviewed in compliance with Chapter 17.112 (Permit Application and Review). The application shall include the information and materials required by the community development department, together with all required application fees. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 17.44.130 (Findings for approval).

B. Application for a coastal permit shall be made concurrently with application for any other permits or approvals required by the zoning code.

C. At time of submittal of coastal permit application, the city shall make a determination of whether the development is appealable or nonappealable in accordance with Section 17.44.100. (Ord. 1017 § 2 (Exh. A) (part), 2018)

17.44.120 Public notice and hearing. Revised 6/18

A. Planning Commission Review. The planning commission shall review and act on a coastal permit application at a noticed public hearing in compliance with Chapter 17.148 (Public Notice and Hearings). However, processing at levels other than the planning commission shall apply in the following cases:

1. City Council Review. The proposed development does not require any other discretionary permit approvals to be reviewed and acted upon by the planning commission, in which case the coastal permit application will be reviewed and acted on by the city council; or

2. Minor Development. The city may waive the public hearing requirement for appealable development that qualifies as “minor development.” Such development shall require no other discretionary approval by the city. A public hearing may be waived if the project has no potential for adverse effects on coastal resources or public access to the shoreline, is consistent with the certified LCP, and if the following apply:

a. Notice that a public hearing would be held upon request is sent to all persons who would otherwise be required to be notified of a public hearing and any other persons who have shown interest;

b. No request for a public hearing is received within fifteen working days from the date notice was mailed out; and

c. The notice discloses that the failure to request a public hearing triggers the loss of appeal power on the matter being considered for administrative approval. (Ord. 1017 § 2 (Exh. A) (part), 2018)

17.44.130 Findings for approval. Revised 6/18

To approve a coastal permit, the review authority shall make all of the following findings:

A. The project is consistent with the general plan, the LUP, and the local coastal implementation program.

B. The project maintains public views between the sea and the first public roadway parallel to the sea.

C. The project protects vegetation, natural habitats and natural resources consistent with the LCP.

D. The design, location, size, and operating characteristics of the proposed development is consistent with any applicable design plans and/or area plans incorporated into the LCP.

E. The project maintains public access to the coast along any coastline as set forth in the LCP.

F. The project supports the LCP goal of providing visitor serving needs as appropriate.

G. The project is consistent with the LCP goal of encouraging appropriate coastal development uses.

H. The proposed development protects and where feasible enhances coastal resources. (Ord. 1017 § 2 (Exh. A) (part), 2018)

17.44.140 Notice of final action. Revised 6/18

The city’s action on a coastal permit shall become final when all local rights of appeal have been exhausted per Section 17.44.150. Within seven calendar days of a final decision on a coastal permit application, the city shall provide notice of its action by first class mail to the applicant, the Coastal Commission, and any other persons who have requested such notice by submitting a self-addressed, stamped envelope to the city. The notice shall contain the city’s approved staff report, plans, adopted findings, conditions of approval, indication of whether the project is appealable to the Coastal Commission and the reasons for why it is or is not, and procedures for appeal to the Commission. The city’s decision on a coastal permit application shall be deemed final when all local rights of appeal have been exhausted as defined in Section 17.44.150 (Appeals). (Ord. 1017 § 2 (Exh. A) (part), 2018)

17.44.150 Appeals. Revised 6/18

A. Local Appeals. Community development director decisions on coastal permits may be appealed to the planning commission and planning commission decisions may be appealed to the city council as described in Chapter 17.152 (Appeals).

B. Appeals to the Coastal Commission.

1. In accordance with PRC Section 30603, any approval decision by the city on a coastal permit in the geographic areas defined in subsections (B)(3)(a) through (c) of this section, or any approval or denial decision by the city on a coastal permit for a major public works project (including a publicly financed recreational facility and/or a special district development) or a major energy facility located anywhere in the coastal zone, may be appealed to the Coastal Commission.

2. Appeals to the Coastal Commission may be filed by the project applicant, any aggrieved person, or any two members of the Coastal Commission.

3. The following types of projects may be appealed to the Coastal Commission:

a. Projects located between the sea and the first public road paralleling the sea or within three hundred feet of the inland extent of any beach or of the mean high tide line of the sea where there is no beach, whichever is the greater distance.

b. Projects located on tidelands, submerged lands, public trust lands, within one hundred feet of any wetland, estuary, or stream, or within three hundred feet of the top of the seaward face of any coastal bluff.

c. Projects in a sensitive coastal resource area as defined in the LCP.

d. Any development which constitutes a major public works project or a major energy facility.

4. Appeals must be submitted to the Coastal Commission within ten working days of Coastal Commission receipt of a complete notice of final action.

5. City decisions may be appealed to the Coastal Commission only after an appellant has exhausted all local appeals, except that exhaustion of all local appeals is not required if any of the following occur:

a. The city requires an appellant to appeal to more local appellate bodies than have been certified as appellate bodies for coastal permits in the coastal zone.

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

c. An appellant was denied the right of local appeal because city notice and hearing procedures for the development did not comply with the provisions of this title.

d. The city required an appeal fee for the filing or processing of the appeal.

6. Grounds for appeal of an approved coastal permit are limited to the following:

a. The development does not conform to the standards set forth in the certified local coastal program or the public access policies set forth by the local coastal plan;

b. An appeal of a denial of a permit for a major public works shall be limited to an allegation that the development conforms to the standards set forth in the certified local coastal program and the public access policies set forth in the local coastal plan. (Ord. 1017 § 2 (Exh. A) (part), 2018)

17.44.160 Permit issuance. Revised 6/18

A. Effective Date of a Coastal Permit.

1. In areas outside the Coastal Commission appeal area, coastal permits shall become effective seven working days after the city’s final decision.

2. In areas within the Coastal Commission appeal area, coastal permits shall become effective after ten working days if no appeal has been filed. The ten-day appeal period shall start the day after the Coastal Commission receives adequate notice of the final local action.

B. Expiration of Permits. A coastal permit not exercised within two years shall expire and become void, except where an extension of time is approved as allowed by Section 17.156.080(C) (Extension of Time).

C. Revocation of Permits. Coastal permits may be revoked as provided for in Section 17.156.110 (Permit revocation).

D. Resubmittals. For a period of twelve months following the denial or revocation of a coastal permit, the city shall not accept an application for the same or substantially similar permit for the same site, unless the denial or revocation was made without prejudice, and so stated in the record. (Ord. 1017 § 2 (Exh. A) (part), 2018)

17.44.170 Emergency permits. Revised 6/18

A. Purpose. Emergency coastal permits may be granted at the discretion of the community development director or a local official designated by the city council for projects normally requiring coastal permit approval. To be eligible for an emergency permit, a project must be undertaken as an emergency measure to prevent loss or damage to life, health or property, or to restore, repair, or maintain public works, utilities and services during and immediately following a natural disaster or serious accident.

B. Application. Application for an emergency permit shall be made to the city by letter if time allows, and by telephone or in person if time does not allow. The applicant shall submit the appropriate fees at the time of application for an emergency permit.

C. Required Information. The information to be reported during the emergency, if it is possible to do so, or to be fully reported after the emergency, shall include all of the following:

1. The nature of the emergency.

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

3. The location of the emergency.

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

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

D. Verification of Facts. The community development director or other designated local official shall verify the facts, including the existence and nature of the emergency, as time allows.

E. Public Notice. If time allows, the community development director shall provide public notice of the proposed emergency action, with the extent and type of notice determined on the basis of the nature of the emergency itself.

F. Criteria for Granting Permit. The community development director may grant an emergency permit upon making all of the following findings:

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

2. The development can and will be completed within thirty days unless otherwise specified by the terms of the permit.

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

4. The work proposed would be consistent with the requirements of the certified LCP.

G. Conditions. The community development director may attach reasonable terms and conditions to the granting of an emergency permit, including an expiration date and the necessity for a regular permit application by a specified date.

H. Limitations.

1. The emergency work authorized under approval of an emergency permit shall be limited to activities necessary to protect the endangered structure or essential public structure.

2. The emergency approval shall be voided if the approved activity is not exercised within fifteen days of issuance of the emergency permit.

3. The approval shall expire sixty days after issuance. Any work completed outside of these time periods requires a regular coastal permit approval unless an extension is granted by the city.

I. Application for Regular Coastal Permit. Upon the issuance of an emergency permit, the applicant shall submit a completed coastal permit application and any required technical reports within a time specified by the community development director, not to exceed thirty days.

J. Reporting of Emergency Permits. The community development director shall report emergency permits to the Coastal Commission and to the city council and planning commission. (Ord. 1017 § 2 (Exh. A) (part), 2018)

17.44.180 Coastal permit amendments. Revised 6/18

A. New Application. An applicant may request an amendment of a coastal permit by filing a new application pursuant to the requirements of this chapter.

B. Consistency Required. Any amendment approved for development in the coastal zone shall be found consistent with all applicable local coastal program requirements and this chapter with regards to requirements of jurisdiction, hearings, notices and findings for approval. (Ord. 1017 § 2 (Exh. A) (part), 2018)