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HomeMy WebLinkAbout22.82 INTERIM COASTAL DEVELOPMENT PERMIT PROCEDURES (DENIED BY CC)111111111 lill 11111111111111111111 *NEW FILE* 22.82 INTERIM COASTAL DEVELOPMENT PERMIT PROCEDURES (DENIED BY CITY OF NEWPORT BEACH PLANNING DEPARTMENT (714) 640-2261 October 26, 1982 Michael L. Fischer, Executive Director California Coastal Commission 631 Howard Street San Francisco, CA 94105 Dear Mr. Fischer: The City of Newport Beach has been working on Interim Coastal Development Permit Procedures in accordance with AS 385 (Hannigan) for some time. The City drafted a proposed ordinance with the concurrence of your staff. However, at the City Council meeting of October 12, 1982 the City Council voted unanimously to disallow the proposed ordinance. During the development of the procedures, it became apparent to the City that although there were some advantages in instances where the permit process would be expedited by the City's assumption of coastal development permit authority, in many instances the procedures could lead to an unreasonably lengthy appeals procedure. For example: a coastal permit that could be issued without Planning Commission or City Council approval, if appealed to the Coastal Commission, could take as long as 243 days to receive the final decision. In addition, the hearing requirements and notification procedures do not lend themselves to the City's existing procedures. For the above reasons the City will not be assuming Coastal Permit Authority under AB 385, but rather concentrate our efforts on Phase III LCP Implementation. Nevertheless, we appreciate the cooperation of your staff in this matter. Very truly yours, PLANNING DEPARTMENT JAMES D. HEWICKER, Director By �n-�i (/ _ pg-W { ROBERT P. LENARD Advance Planning Administrator RPL:nma xc: Gary Gleason South Coast District City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 0 CITY OF NEWPORT BEACH PLANNING DEPARTMENT (714) 640-2261 October 26, 1982 Dave Neish Urban Assist 610 Newport Center Drive Suite 645 Newport Beach, CA 92660 Dear Dave: 4 At the City Council meeting of October 12, 1982 the City Council disallowed the ordinance that would have provided for City issuance of Coastal Permits prior to final certification of the entire Local Coastal Program. This option was made available to local governments by the State Legislature via the "Hannigan Bill". The City Council determined that the procedures would be more cumbersome to both the City and individual applicants, and would in some cases significantly extend the time periods for total project approval (including both local and coastal permits). As you recall, we had originally anticipated concurrently processing the Coastal Permit with the proposed General Plan Amendment and other approvals for the Marriott Hotel. As a result of the City Council action it will be necessary for you to apply directly to the Coastal Commission for a Coastal Permit. Very truly yours, PLANNING DEPARTMENT JAMES D. HEWICKER, Director &r6- lJ7GYYlA BOB LENARD Advance Planning Administrator BL:nma City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 • City Council MeetiAs October 12, 1982 TO: FROM: City Council Planning Department Agenda Item No. D-2 CITY OF NEWPORT BEACH SUBJECT: Interim Coastal Development Permit Procedures (Public Hearing) An ordinance of the City of Newport Beach establishing interim Coastal Development Permit procedures. Suggested Action Hold hearing; close hearing; if desired, a) Adopt Ordinance No. 82-21 establishing interim Coastal Development Permit procedures; or b) Modify Ordinance No. 82-21, reintroduce and pass to second reading and public hearing on October 25, 1982; or c) Disallow the adoption of Ordinance No. 82-21. Background Effective January 1, 1982, the California Coastal Act of 1976 was amended, deleting references to the Regional Coastal Commissions and revising procedures for Local Coastal Programs. This amendment (AB 385 - Hannigan) also permits local government assumption of coastal development permit jurisdiction subsequent to certification of the Land Use Plan portion of the Local Coastal Program, as follows: "30600(b). Prior to certification of its local coastal program, a local government may, with respect to any development within its area of jurisdiction in the coastal zone..., establish procedures for the filing, processing, review, modification, approval, or denial of a coastal development permit. "30600.5(b)... The authority for issuance of coastal development permits provided for in Chapter 7 shall be delegated to the respective local governments within 120 days after the effective date of certification of a land use plan..." The City of Newport Beach Local Coastal Program Land Use Plan was certified by the California Coastal Commission on May 19, 1982. Consistent with the provisions of Public Resources Code Section 30600.5 and the Administrative Regulations adopted by the Coastal Commission governing local government assumption of permit authority, the attached ordinance has been drafted. TO: City council 02 • On June 28, 1982 the City Council reviewed and approved in concept the Interim Coastal Development Permit Procedures. Staff was directed to bring this item back to the City Council for public hearing subsequent to completion of the review of the proposed procedures by the Coastal Commission Staff. On August 17, 1982, the Planning Department received a letter from the Coastal Commission Staff indicating general compliance of the City's proposed procedures with the minimum standards adopted by the Coastal Commission. Minor modifications suggested by the Coastal Commission staff have been incorporated into the proposed ordinance. Description of the Interim Coastal Development Procedures ordinance Development permits within the Coastal Zone in the City of Newport Beach are in four categories. Categorically exempt projects (pursuant Public Resources Code 30610(a)) require no coastal development permits. Development subject to the City of Newport Beach Categorical Exclusion Order E-77-5 (single family dwellings and duplexes not on the waterfront and conforming to specific criteria) will stay subject to the categorical exclusion process. As described below, development permits for some areas will remain subject to the original permit authority of the California Coastal Commission. All other regular, administrative and emergency Coastal Development Permit Authority is eligible to be assumed by the City pursuant to Section 30600.5 of the Coastal Act. The Interim Coastal Development Procedures Ordinance will establish the procedures necessary for the City to commence issuing these permits. Primary components of the ordinance are discussed below, particularly in relation to how the proposed procedures differ from existing City procedures. _Coastal Development Permits Required. The City will process Coastal Development Permits for all development except those which are categorically exempt (pursuant to Public Resources Code 30610(a)), which are subject to Categorical Exclusion Order E-77-5, or which will remain subject to the original permit authority of the California Coastal Commission. Areas which remain under the authority of the Coastal Commission are: 1. Development between the first public road and the sea or within 300 ft. 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. 2. Developments located on tidelands, submerged lands, public trust lands, within 100 ft. of any wetland, estuary, stream, or within 300 ft. of the top of the seaward face of any coastal bluff. 3. Any development which constitutes a major public works project or major energy facility. 4. Any development proposed or undertaken within ports covered by Chapter 8 of the Coastal Act of 1976 (commencing with Public Resources Code Section 30700) or within any state university or college within the coastal zone. 5. Any development ropos y any state agency. TO: City Council a • The Planning Director shall determine which type of permit a development proposal requires (exclusion, City CDP, or Coastal Commission CDP). Additionally, the Planning Director may reject an application for a Coastal Development Permit, in which case the applicant will be required to receive a CDP from the Coastal Commission. Notice. Within ten (10) calendar days of accepting an application and at least ten (10) days prior to the public hearing, the site shall be posted with a public hearing notice. Additional notice shall be provided to the nearest public library, each applicant, all persons who have requested such notification, all property owners and residents within 100 feet, and the City Council. The provisions of this section differ from current City procedures as follows: 1) The City posts property 10 days before the public hearing on an item. Since the proposed ordinance requires properties to be posted within 10 days of the acceptance of an application, the posting procedures for Coastal Development Permits will have to be handled differently from normal City procedures. Additionally, this requirement will result in notices being posted for a longer period of time for these permits. 2) Currently, the City does not provide notices of public hearing to public libraries, residents within 100 ft. of a proposed development, or to the City Council. These noticing requirement will have to be added to the normal City procedures for Coastal Development Permits. The City Council may wish to consider a clarification of Part A.3. of Section 1.030 (Notice) as follows: "3. all property owners and residents within 100 feet of the perimeter of the parcel, excluding dedicated rights -of -way, on which the development is proposed..." (Additional language underlined). This' language is consistent with the City's existing procedures regarding notice -for public hearings. Contents of Public Hearing Notice. The public hearing notice is required to state the same information which is currently provided by the City of Newport Beach standard notices, but also requires a description of the system for local Coastal Development appeals, including any fees required, which will have to be added to public hearing notices for Coastal Development Permits. Public Hearing. At least one public hearing shall be held on each Coastal Development Permit application, except administrative applications, by the Planning Director or his designated representative. Appeals. The decision of the Planning Director may be appealed to the Planning Commission, the City Council and the Coastal Commission (in that order). An appeal may be filed directly to the Coastal Commission if the local notice and hearing procedures did not comply with the adopted provisions, if an appeal fee is charged, if the project is appealed by two (2) TO: City Council& • members of the Coastal Commission, or where the Planning Commission or City Council refuses to hear an appeal. These provisiops differ from standard City requirements in that appeal hearings by the Planning Commission and City Council can be avoided if the City charges an appeal fee. - Currently the City does charge appeal fees to partially offset the costs of processing an appeal. Amendments. An amendment to a Coastal Development Permit may be approved by the Planning Director if the amendment will not lessen or avoid the intended effect of an approved permit and is consistent with the certified Land Use Plan. This provision applies only to City processed Coastal Development Permits. An amendment which substantially alters the effect of a permit must be reviewed in the normal public hearing process. Administrative Permits. Administrative Permits may be issued by the Planning Director provided: 1) the site is posted with a notice of intent to issue the administrative permit, 2) the permit does not become effective until the Planning Commission has reviewed the application and decision, and 3) the permit is subject to the same appeal procedures as a regular permit. This process differs from current City procedures in that this section requires Planning Commission review of non -discretionary permits. This will add a "consent calendar" item to the Planning Commission agenda for each meeting. Additionally, it will be difficult to defer or cancel a Planning Commission meeting because regular building permits may be held up for from two to three weeks if a Planning Commission meeting is deferred or cancelled. Emergency Permits. Emergency permits may be issued by the Planning Director provided: 1) an emergency exists that requires action more quickly than permitted by regular or administrative permit procedures, 2) public comment on the emergency action has been reviewed, if time allows, and 3) the work is consistent with the certified Land Use Plan. Effective Dates. This ordinance is adopted as an interim ordinance and shall be effective only until such time as the complete Local Coastal Program for the City of Newport Beach is certified. Discussion The Interim Coastal Development Permit Procedures Ordinance has been drafted consistent with the Coastal Commission regulations regarding local government assumption of Coastal Development Permit Authority. The regulations require the establishment of notice, public hearing and appeal procedures similar to those currently required by the California Coastal Commission. As indicated in the description of the ordinance above, the City will be establishing procedures which differ significantly from existing City procedures. Below are discussed: assumption of the permit authority by other jurisdictions, what permits the City will gain authority to issue, and timing for City issued versus Coastal Commission issued Coastal Development Permits. Assumption of Coastal Permit Authority by Other Jurisdictions All jurisdictions with certified Land Use Plan are eligible to assume interim Coastal Development permit authority pursuant to Section 30600.5 of the Public TO: City Council* • Resources Code. To date only one jurisdiction in the state, the City of Pacifica, has adopted the procedures necessary for local government assumption of permit authority. Discussion with the Coastal Commission staff indicates that most jurisdictions find the required procedures too difficult to administer for the number of permits they may issue. Additional Permits the City May Issue Under This Ordinance Currently, the City issues coastal permits for single family dwelling and duplexes conforming to certain criteria under the provisions of Categorical Exclusion Order E-77-5. The adoption of these procedures will allow the City to issue the following additional: 1) Residential developments of 3 or more units not within 300 feet of the beach or bay, 100 feet of a wetland, or 300 feet of the top of the seaward face of a coastal bluff. This is not expected to be a significant number of permits in that most of the multiple -family residential areas in the coastal zone are on the Balboa Peninsula, and are within 300 feet of the beach or bay. 2) Residential developments of one or two units, not within 300 feet of the beach or bay, 100 feet of a wetland, or 300 feet of the top of the seaward face of a coastal bluff which do not conform to the criteria of Categorical Exclusion Order E-77-5. 3) Commercial development not within 300 feet of the beach or bay, 100 feet of a wetland or 300 feet of the top of the seaward face of a coastal bluff. Areas affected are Corona del Mar, Newport Shores, and portions of inland Mariners Mile and Cannery Village/McFadden Square. In the City of Newport Beach, 66 projects were required to get Coastal Development Permits in 1981, and 30 projects have been so required to date in 1982. Since a portion of these are developments for which the City will not gain permit authority, the City will not be issuing a great number of Coastal Development Permits beyond those currently issued under the Categorical Exclusion. Permit Timing Administrative coastal permits which are not appealed will receive approval quicker if the City assumes permit authority. Administrative permits issued by the City will be processed in three to five weeks as compared to four to seven weeks at the Coastal Commission. Regular coastal permits not subject to any other discretionary review and not appealed will be processed by the City in an identical four to seven week time frame as the Coastal Commission. Any permit which is appealed, however, will encounter a significant increase in the time needed to receive a coastal permit due to the additional appeal layers at the City level. Coastal Development Permit decisions by the Coastal Commission are not appealable in that the Coastal Commission is its own final TO: City Council& • appeal body. A coastal permit processed through each appeal layer could take as long as 243 days to receive a final decision. Summary In summary, the adoption of the Interim Coastal Development Procedures will allow the City to issue certain Coastal Development Permits which currently must receive approval from the Coastal Commission. Administrative permits can be processed quicker by the City than by the Coastal Commission. Regular permits can be issued in a similar time frame. Permits which are appealed will take a significantly longer period of time to process. Adoption of the interim ordinance will establish procedures for Coastal Permits which differ from typical City permit and hearing procedures. Respectfully submitted, PLANNING DEPARTMENT JAMES D. HEWICKER, Director $Y i 4,6r / oS •�iL� PATRICIA L. TEMPLE Senior Planner PLT:nma Attachment: 1) Permit Tinning Example 2) Ordinance 82-21 • PERMIT TIMING EXAMPLE • Application for permit filed 10 days Notice of Hearing and Post Property 14 - 20 days Public Hearing (Modifications Committee) 10 days I Notice of Action Planning Director Hearing 10 days Total 44 - 50 days Appeal to P.C. 16 - 23 days Determination by P.C. 14 - 21 days Public Hearing by P.C. Planning Commission Hearing 10 days Total 84 - 104 days Appeal to C.C. 18 - 25 days Determination by C.0 14 - 21 days Public Hearing by C.C. 5 days Notice of Action City Council Hearing 20 working days Total 149 -183 days (28 days) Appeal to Coastal Commission 45 - 60 days Final Action Coastal Commission Hearing Total 194 - 243 days PT:nma 10/5/82 t � � 0 D R A F T 9/0 ' S 4�_ INTERIM COASTAL DEVELOPMENT PERMIT PROCEDURES Sections: 1.005 Intent 1.010 Coastal Development Permit Required 1.015 Definitions 1.020 Exemptions 1.025 Application Procedures 1.030 Notice 1.035 Public Hearing 1.040 Appeal Procedures 1.045 Effective Date of Coastal Development Permit 1.050 Review of Recorded Documents 1.055 Amendments to Non -Administrative Permits 1.060 Administrative Permits 1.065 Emergency Permits 1.070 Severability 1.075 Effective Date of this Ordinance 1.005 INTENT. The certification of the City of Newport Beach Local Coastal Program Land Use Plan by the California Coastal Commission necessitates the adoption of interim procedures to permit the City of Newport Beach to process and issue Coastal Development Permits pursuant to Public Resources Code Section 30600.5. The provisions of this Section are designed to allow development within the coastal zone, provided that such development is consistent with the policies of the certified Land Use Plan, while the Planning Commission and City Council formulate and adopt the zoning ordinances necessary for the final certification of the Local Coastal Program. Once these implementing ordinances ate adopted and certified by the California Coastal Commission the procedures contained in this ordinance will have no further force and effect. All uses within the coastal zone of the City of Newport Beach that are in conflict with the development of these zoning ordinances are hereby prohibited. 1.010 COASTAL DEVELOPMENT PERMITS REQUIRED. As defined herein, all developments within the coastal zone shall obtain a Coastal Development Permit in accordance with the provisions of this ordinance. No Coastal Development Permit shall be issued should it be determined that the proposed use or development is inconsistent with the policies of the certified Land Use Plan of the Newport Beach Local Coastal Program. In the event a conflict is determined to exist between the provisions of this ordinance and any other I • . Page 2 INTERIM COASTAL DEVELOPMENT PERMIT PROCEDURES ordinances, policies or standards effecting development within the coastal zone, the provisions of this ordinance shall apply. 1.015 DEFINITIONS. For the purpose of this ordinance, the following words or terms shall be defined as follows: Coastal Zone. The term "Coastal Zone" is defined to be that area mapped in the Land Use Plan attached hereto as Exhibit "A". Development. "Development" shall mean, on land, in or under water, the placement or erection of any solid material or structure; 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, subdivision pursuant to the Subdivision Map Act (commencing with Section 66410 of the Government Code), 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; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition, or alteration of the size of any structure, including any facility of private, public, or municipal utility, and 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 (commencing with Section 4511). Planning Director. "Planning Director" shall mean the Planning Director of the City of Newport Beach, or his designated representative, including the Modifications Committee. i . • Page 3 INTERIM COASTAL DEVELOPMENT PERMIT PROCEDURES Structure. As used in this , "structure" is defined as anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground, including but not limited to, any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electric power transmission and distribution line. 1.020 DEVELOPMENTS EXEMPT FROM THE PROVISIONS OF THIS CHAPTER. The following developments shall be exempt from the provisions of this ordinance : 1. Categorically Excluded Developments. A permit issued for a development which is categorically excluded from the coastal development permit requirements pursuant to Public Resources Code 30610(e) and Categorical Exclusion Order E-77-5, shall be exempt from the provisions of this ordinance. 2. Developments Subject to Original Coastal Development Permit Jurisdiction of the California Coastal Commission. The following developments are within the original Coastal Development Permit jurisdiction of the California Coastal Commission: a. Developments 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 of the sea where there is no beach, whichever is the greater distance. b. Developments located on tidelands, submerged lands, public trust lands, within 100 feet of any wetland, i • • Page 4 INTERIM COASTAL DEVELOPMENT PERMIT PROCEDURES estuary, stream, or within 300 feet of the top of the seaward face of any coastal bluff. c. Any development which constitutes a major public works project or a major energy facility. d. Any development proposed or undertaken within ports covered by Chapter-8 (commencing with Public Resources Code Section 30700) or within any state university or college within the coastal zone. e. Any development proposed by any state agency. Coastal development permit applications for the aforementioned developments shall be made directly to the California Coastal Commission. 3. Determination of Designation. where a question arises as to the appropriate designation for the development, the following procedures shall establish whether a development is categorically excluded or is within the Coastal Commission's original permit jurisdiction: a. The Planning Director shall make a determination as to what type of development is being proposed (i.e., categorically excluded or within the Coastal Commission's original jurisdiction) and shall inform the applicant of the determination. b. If the determination of the Planning Director is challenged by any person, or if the Planning Director wishes to have a Coastal Commission determination as to the appropriate designation, the Planning Director shall notify the Coastal Commission by telephone of the dispute/question and shall request an opinion from the Executive Director of the California Coastal Commission. • 0 Page 5 INTERIM COASTAL DEVELOPMENT PERMIT PROCEDURES 1.025 APPLICATIONS PROCEDURES. Applications for Coastal Development Permits shall be submitted to the Planning Department in writing on forms prescribed by the Planning Director, and shall be accompanied by a fee as established by Resolution of the City Council, and by plans and elevations of sufficient detail to determine compliance with all applicable policies, standards and ordinances of the City of Newport Beach and the provisions of the certified Land Use Plan. The Planning Director shall review all applications and shall have the authority to make a determination to accept, conditionally accept or reject the Coastal Development Permit application. To the maximum extent feasible, functionally related developments to be performed by the same applicant shall be the subject of a single permit application. The Planning Director shall not accept for filing a second application for development which is the subject of a permit application already pending before the City. This section shall not limit the right of an applicant to amend a pending application for a permit before action by the Planning Director. 1.030 NOTICE. A. Within ten (10) calendar days of accepting an application for a Coastal Development Permit and at least ten (10) days prior to the first public hearing on a development proposal, the Planning Director shall post the site with a public notice, and post a copy of said notice inside the public library nearest to the site and provide notice by first class mail to each of the following people of the pending application for a Coastal Development Permit: 1. each applicant; 2. all persons who have requested to be on the mailing list for that development project or for coastal decisions within the local jurisdiction; 3. all property owners and residents within 100 feet of the perimeter of the parcel on which the development is proposed; • • Page 6 INTERIM COASTAL DEVELOPMENT PERMIT PROCEDURES 4. the City Council; 5. owners and residents adjacent to those within 100 feet of the development if the Planning Director determines maximum public access so requires. B. CONTENTS OF NOTICE. Each public notice shall contain at a minimum 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 the proposed development and its location; 5. the date, time and place at which the application will be heard by the Planning Director; 6. a brief description of the general procedure concerning the conduct of hearing and local actions; 7. the system for local Coastal Development Permit appeals, including any local fees required. 1.035 PUBLIC HEARING. A. At least one public hearing shall be held by the Planning Director on each application for a Coastal Development Permit, except administrative permit applications, within forty-nine (49) days of the filing of the application. This shall afford persons the opportunity to appear at the hearing and inform the Planning Director of the nature of their concerns regarding the project. Such hearing shall occur no earlier than ten (10) calendar days following the mailing of the notice required in Section 1.030. The public hearing shall be conducted to give interested persons an opportunity to appear and present their viewpoints and concerns. In addition, interested persons may submit written comments to the Planning Director at or prior to the public hearing. r, I . ' • • Page 7 INTERIM COASTAL DEVELOPMENT PERMIT PROCEDURES B. NOTICE OF CONTINUED HEARING. If a decision on a development permit is continued by the Planning Director to a time which is neither (1) previously stated in the notice, nor (2) announced at the hearing as being continued to a time certain, the Planning Director shall provide notice of the continued hearing(s) (or action on the proposed development) in the same manner, and within the same time limits, as established in Section 1.030. C. FAILURE TO TAKE ACTION. Should the City fail to act on an application within the time limits set forth in Government Code Section 65950-65957.1, thereby approving the development by operation of law, or fail to hold a hearing within forty-nine (49) days of the filing of the application as required by Public Resources Code Section 30621, the person claiming a right to proceed pursuant to Government Code Section 65950-65957.1 or Public Resources Code Section 30621 shall notify, in writing, the Planning Director and the Executive Director of the Coastal Commission of the claim that the development has been approved by operation of law. Such notice shall specify the application which is claimed to be approved. D. NOTICE OF FAILURE TO TAKE ACTION. When the Planning Director determines that the time limits established pursuant to Government Code Section 65950-65957.1 or Public Resources Code Section 30621 have expired, he shall, within seven (7) calendar days of such determination, notify any person entitled to receive notice and the Coastal Commission. The appeal period for projects approved by operation of law shall begin to run only upon the receipt of the notice in the Coastal Commission District Office. 1.040 APPEAL PROCEDURES. A. Any final action taken by the City on a Coastal Development Permit application may be appealed to the Coastal Commission by any person, the Executive Director or any two (2) members of the Coastal Commission pursuant to Public Resources Code Section 30602. An action shall be deemed final when all rights of appeal have been exhausted. Except • Page 8 INTERIM COASTAL DEVELOPMENT PERMIT PROCEDURES as noted below, exhaustion of all local appeals must occur before an application may be appealed to the Coastal Commission. B. EXHAUSTION OF LOCAL APPEALS. After the initial hearing on the application, the decision of the Planning Director may be appealed to the Planning Commission within ten (10) days of the mailing of notice of written findings for approval, conditional approval or denial of the application to all interested persons and the Coastal Commission. Said notice must be mailed by the Planning Director no later than ten (10) days after the initial hearing. Copies of all Planning Director decisions and findings shall be forwarded to the Planning Commission. The Planning Commission shall determine whether to hear each appeal and shall mail notice of its determination to the applicant, appellant, all interested persons and the Coastal Commission. If the Planning Commission determines to hear the appeal, said notice shall be mailed at least ten (10) days prior to the hearing. The decision of the Planning Commission may be appealed in a similar manner to the City Council. The Planning Commission's determination not to hear the appeal or the City Council's action on the appeal shall be deemed the final local action. C. EXEMPTION FROM LOCAL APPEAL PROCEDURES. An appellant shall be deemed to have exhausted local appeals where the appellant has pursued the appeal to the City Council, except that exhaustion of all local appeals shall not be required if any of the following occur: 1. Where the Executive Director has determined that an appellant was denied the right of local appeal because local notice and public hearing procedures for the development did not comply with this ordinance. 2. An appeal 'fee for the filing or processing of appeals is charged. 3. Where the project is appealed by two (2) members of the Coastal Commission or the Executive Director of the Coastal Commission. • • Page 9 INTERIM COASTAL DEVELOPMENT PERMIT PROCEDURES 4. Where the Planning Commission and City Council refuses to hear the appeal. D. NOTICE OF FINAL LOCAL ACTION. Within five (5) working days of a final local action (including appeal periods) on an application for any Coastal Development Permit, the Planning Director shall provide notice of the action by first class mail to the Coastal Commission and to any persons who, by submitting a self-addressed, stamped envelope to the City, specifically requested notice of such final action. The twenty (20) working day appeal period specified in Section 1.045 shall not begin until an effective notice of final local action has been received by the Executive Director of the Coastal Commission. Such notice shall include any conditions of approval, written findings, and the procedures for appeal of the local action to the Coastal Commission. 1.045 EFFECTIVE DATE OF COASTAL DEVELOPMENT PERMIT. A final decision on a Coastal Development Permit shall become effective after a twenty (20) working day appeal period to the Coastal Commission has expired unless one of the following occur: 1. An appeal is filed; or 2. The notice of final action does not meet the requirements of this ordinance. 1.050 REVIEW OF RECORDED DOCUMENTS. All Coastal Development Permits subject to conditions that require the recordation of deed restrictions, offers to dedicate, or agreements imposing restrictions on real property shall be subject to the following procedures: 1. The Executive Director of the Coastal Commission shall review and approve all legal documents specified in the conditions of • • Page 10 INTERIM COASTAL DEVELOPMENT PERMIT PROCEDURES approval of a Coastal Development Permit that are necessary to a finding that the development is consistent with the certified Land Use Plan. 2. Upon completion of permit review by the Planning Director, and prior to the issuance of the permit, the City shall forward a copy of the permit conditions and findings of approval and copies of the legal documents to the Executive Director of the Coastal Commission for review and approval of the legal adequacy and consistency with the requirements of potential accepting agencies. 3. The Executive Director of the Coastal Commission shall have fifteen (15) working days from receipt of the documents in which to complete the review and notify the applicant of recommended revisions if any. 4. The City may issue the permit upon expiration of the fifteen (15) working day period if notification of inadequacy has not been received by the City within that time period. 5. If the Executive Director of the Coastal Commission has recommended revisions to the applicant, the permit shall not be issued until the deficiencies have been resolved to the satisfaction of the Executive Director. 1.055 AMENDMENTS TO NON -ADMINISTRATIVE PERMITS. Application for amendments to Coastal Developments Permits issued by the City shall be filed with the Planning Director. a. An application for an amendment shall be rejected if, in the opinion of the Planning Director, the proposed amendment would • Page 11 INTERIM COASTAL DEVELOPMENT PERMIT PROCEDURES lessen or avoid the intended effect of a partially approved or conditioned permit unless the applicant presents newly discovered material information, which the applicant could not, with reasonable diligence, have discovered and produced before the permit was granted. b. The Planning Director or the Planning Commission or the City Council on appeal shall, consistent with the provisions of these minimum standards, shall determine whether the proposed development with the proposed amendment is consistent with the requirements of the certified Land Use Plan. 1.060 ADMINISTRATIVE PERMITS. A. The Planning Director may process an application for a Coastal Development Permit as an Administrative Permit if the proposed development falls within the criteria established in Public Resources Code Section 30624. B. Upon making the determination that an application for a Coastal Development Permit may be considered as an Administrative Permit, the Planning Director shall provide the applicant with a standardized form to be used to post on the site of the proposed development in a conspicuous place informing the public of the intent to issue an Administrative Permit. Such notice shall contain a general description of the nature of the proposed development. If the applicant fails to so post the completed notice form and sign a declaration of posting, the Planning Director shall refuse to file the application, or shall withdraw the application from filing if it has already been filed. The applicant shall provide any additional notice to the public that the Planning Director deems necessary and the Planning Director shall also notify any persons known to be interested in the proposed development. C. The Planning Director may approve, modify or refuse to grant an application for development governed by this subsection on the grounds set forth in Section 1.010. Approval may include reasonable terms and conditions • • Page 12 INTERIM COASTAL DEVELOPMENT PERMIT PROCEDURES required for the Development to conform with the policies of the certified Land Use Plan. Permits issued for such developments shall be governed by the standards used in approving Coastal Development Permits pursuant to Public Resources Code Section 30600.5 and this ordinance. D. An Administrative Permit issued pursuant to the provisions of this Section and Public Resources Code Section 30624, shall not become effective until the Planning Commission reviews the application and decision at its first scheduled meeting after the Permit has been issued by the Planning Director. E. The Planning Director shall notify the Planning Commission in writing of each Administrative Permit issued pursuant to the provisions of this Section, with a description of each Development. Copies of this report shall be mailed, at least five (5) days prior to the scheduled Planning Commission meeting, to all persons who have stated, in writing, their desire to receive such notice. Upon receipt of the Planning Director's Report on an Administrative Permit, the Planning Commission may, by a vote of one-third of those present, direct that the Administrative Permit not become effective, but shall, if the applicant wishes to pursue the application, be treated as a regular Coastal Development Permit governed by Sections 1.025 thru 1.055. F. Administrative Permits are subject to the same appeal procedures as regular Coastal Development Permits, as specified in Section 1.040. G. Amendments to Administrative Permits may be approved by the Planning Director upon the same criteria and subject to the same reporting requirements and procedures, including public notice and appeals, as have been established by the ordinance for the issuance of such Administrative Permits. If any amendment would, in the opinion of the Planning Director, increase the cost of the proposed Development to an amount that exceeds that specified in 0 • • Page 13 INTERIM COASTAL DEVELOPMENT PERMIT PROCEDURES Public Resources Code Section 30624, the applicant shall thereafter be treated in the manner prescribed by this ordinance dealing with amendment to permits other than Administrative Permits. 1.065 EMERGENCY PERMITS. A. Applications for an Emergency Permit shall be submitted in writing to the Planning Director. The following information shall be included in this request: 1. nature of the emergency; 2. cause of the emergency, insofar as this can be established; 3. location of the emergency; 4. the remedial, protective or preventive work required to deal with the emergency, and 5. the circumstances during the emergency that appeared to justify the cause(s) of action taken, including the probable consequences of failing to take action. B. The Planning Director shall verify the facts submitted, including the nature and extent of the emergency. C. The Planning Director shall provide public notice of the emergency work, with the extent and type of notice determined on the basis of the nature of the emergency. D. The Planning Director may grant an Emergency Permit upon reasonable terms and conditions, including an expiration date and the necessity for a regular Permit application later, if the Planning Director finds that: 1. An emergency exists that requires action more quickly than permitted by procedures for Administrative Permits or for regular permits and the work can and will be completed within thirty (30) days unless otherwise specified by the terms of the Permit. • . Page 14 INTERIM COASTAL DEVELOPMENT PERMIT PROCEDURES 2. Public comment on the proposed emergency action has been reviewed, if time allows. 3. The work proposed is consistent with the requirements of the certified Land Use Plan. E. The Planning Director shall not issue an Emergency Permit for any work that falls within the provisions of Public Resources Code Sections 30159(b) and 30601 since a Coastal Development Permit application must be reviewed by the California Coastal Commission pursuant to the provisions of Public Resources Code Section 30600.5. F. The Planning Director shall report, in writing, to the Planning Commission and the Coastal Commission, at the first scheduled meeting after the Emergency Permit has been issued, the nature of the emergency and the work involved. Copies of this report shall be available at the meeting and shall be mailed to all persons who have requested such notification in writing. G. The report of the Planning Director shall be informational only; the decision to issue an Emergency Permit is solely at the discretion of the Planning Director subject to the provisions of this ordinance. 1.070 SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or any part thereof is for any reason held to be unconstitutional or otherwise deemed to be invalid, or otherwise deemed to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance or any part thereof. 1.075 EFFECTIVE DATE OF THIS ORDINANCE. This ordinance shall take effect thirty (30) days after passage and adoption, and shall be of no further force and effect at such time as the Local Coastal Program for the City of Newport Beach is certified by the California Coastal Commission. Page 15 INTERIM COASTAL DEVELOPMENT PERMIT PROCEDURES AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS Mayor ATTEST: PT:nma 9/10/82 OALIFORNIA COASTAL COMMON 631 Howard Street, San Francisco 94105—(415) 543-85 ' P. FC c R. Z August 25, 1982 p� SEP2 CITY 'r 0x ORr ecAcw, TO: COMMISSIONER'S AND INTERESTED PERSONS CFlUR ti FROM: ROY GORMAN, CHIEF COUNSEL: TIM EICHENBERG, STAFF COUNSEL RE: AMENDMENT OF MINIMUM STANDARDS FOR PUBLIC NOTICE, HEARING AND APPEAL PROCEDURES BACKGROUND On February 5, 1982, the Commission adopted the attached Minimum Standards for Public Notice, Hearing and Appeal Procedures in response to AB 365 (Hannigan). The Hannigan Bill amended the Coastal Act and permitted local governments to assume coastal permit authority prior to certification of their total LCP, if a land use plan had been certified by the Commission and if they adopted procedures for the issuance of coastal development permits (PRC Section 30600.5(e)•and (f)). The Hannigan Bill required the Commission to adopt minimum standards for public notice,hearing and appeal procedures within 90 days that followed the standards already contained in the Commission's LCP regulations. The Bill then required that the local ordinances adopting permit issuing procedures incorporate the Minimum Standards and submit them to the executive director for review. AMENDMENT RECOMMENDATION The staff recommends that the Commission amend Section VI. Final Local Government Action, subsections B(2)(a) and (b) as follows: (2) Failure to Act - Notice (a) Notification of Applicant: If a local government has failed to act on an application within the time limits set forth in Government Code Section 65950-65957.1 or by any local ordinance that also approves the development by operation of law or by PRC=_____: _=__-, the person claiming a right to proceed pursuant to Government Code Section 65950-65957.1 or pursuant to such local ordinance __ _RE -______. ==:== 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. (b) Notification by Local Government: When a local government determines that the time limits established pursuant to Government Code Section 65950-65957.1 or pursuant to any local ordinance that also approves a development by operation of law =_ __._ ______.: _____ have expired, the local government shall, within seven (7) calendar days of such determination, notify any person entitled to receive notice and the commission. The appeal peridd for"projects approved by operation of law shall begin to run only upon the receipt of the local 2' • government notice in the commission office. (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.) FINDINGS The amendment is necessary to clarify that the subsection does not create an obligation for local government's who assume permit authority under Hannigan to hold a public hearing within 49 days of filing the permit application. PRC Section 30621 requires only that the Commission hold a public hearing within that time frame and neither that Section nor any other require local government's acting under Hannigan to act within 49 days. Therefore, reference to the time limitation should be deleted from the Minimum Standards. In addition, it is likely that local governments will adopt time limitations for hearings or action that coincide with their own local permit process. In fact the Hannigan Sill provides that the procedures adopted by local governments to implement permit issuing authority under Hannigan, "...shall ensure that the notice and hearing required for the coastal development permit can be provided at the same time as the notice and hearing requirements for other local land use divisions which may be necessary for the project requiring the permit." (PRC Section 30600.5(e)) Therefore, the subsections should also be amended to include references to time limits that may be established by local ordinance. As amended,,the Minimum Standards will be clarified to assure that notification of permit issuance by operation of law, either under AB 884 (Government Code Sections 65950-65957.1) or those time limits established by local ordinance, will be sent to the Commission so that the Commission can keep adequate records, be duly informed of coastal permits issued by local governments under the Hannigan Bill, and establish an expedient appeal process. Furthermore, it removes any implication that the 49 day time limit in PRC Section 30621 applies to -local governments or that violation of any time limit would necessarily result in approving a permit by operation of law. Time limits may be established at ____._the discretion of.local governments and no Coastal -Act provisions require issuance of a permit if such limits are exceeded. ' y •MINIMUM STANDARDS FOR -PUBLIC NOTICE HEAP.IDG A17D APPEAL PROCEDURES Section I. Scope These provisions, adopted pursuant to Public Resources Code Section 30600.5(e), shall constitute minimum standards for public notice, hearing and appeal procedures to govern local government review of coastal development projects where the coastal development permit authority has been delegated to a local government prior to certification of their local coastal program pursuant to PRC Section 30600.5(a). Section II. Standard of Review All development must be approved pursuant to local procedures that incorporate these minimum standards and must be found to be in conformity with the policies of a certified land use plan. These adopted procedures and policies shall supercede any conflicting local ordinances or procedures affecting development in the coastal zone. Section III. Review of Local Procedures Existing local government notice, hearing and appeal procedures or procedures drafted by local governments to implement their program to issue coastal development permits shall be reviewed by the execu- tive director of the California Coastal Commission (hereafter commission) as part of the local government's interim procedures prior to the adoption of coastal permit review authority pursuant to PRC Section 30600.5. Local government procedures shall be submitted to the executive director sixty (60) days prior to the assumption of permit authority for review of compliance with these minimum standards. The executive director shall respond within thirty (30) days of receipt. Upon the determination that the procedures comply with these minimum standards, the exectuive director shall notify the local government. The local government may then assume permit authority after.it adopts the procedures and provides copies of the adopted procedures to the executive director. If the executive director determines that the procedures do not comply, he shall notify the local government and recommend modifica- tions that, if adopted, would bring the procedures into conformance with these minimum standards. If the local government adopts these recommendations it may assume permit authority as provided above. If•, the local government does not adopt the recommendations it may submit revisions and a statement demonstrating how the revisions bring the procedures into conformance with these minimum standards: The local government must prede copies of all adopteorocodures to the executive director before assuming permit authority and prohibit any uses which may be in conflict with contemplated implementing ordinances that are being prepared to carry out the policies of its certified land use plan. Amendments to these minimum standards shall be submitted sixty (60) days prior to their effective date for review by the executive director. Section IV. Developments Exempt From These Minimum Standards A. Categorically Excluded Developments. A permit issued by a local government for a development which is categorically excluded from the coastal development permit requirements pursuant to Public Resources Code Section 30610(e), shall be exempt from the requirements of these minimum standards. The local government shall maintain a record for all permits issued -for - categorically excluded developments which shall be made available to the commission or any interested person upon request. This record may 'be in the form of any record of permits issued currently maintained by the local government, provided that such record includes the applicant's name, an indication that the project is located in the coastal zone the location of the project, and a brief description of the project. B. Developments Subject to Original Permit Jurisdiction o ..ge ., The following developments are within the original permit jurisdiction of the commission and do not require local government coastal development permits pursuant to PRC Section 30600.5(b). Consequently, they are exempt from the requirements of these minimum standards: (1) Developments 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 of the sea where there is no beach, whichever is the greater distance. (2) Developments located on tidelands, submerged lands, public trust lands, within 100 feet of any wetland , estuary, stream, or within 300 feet of the top of the seaward face of any coastal bluff. (3) Any development which constitutes a major public works project or a major energy facility. (4) Any development proposed or undertaken within ports covered by Chapter 8 (commencing with PRC Section 30700) or within any state university or college within the coastal zone. (5) Any desopment proposed by any s9te agency. Applications for these developments must be made directly with the commission. Section V. Appeal of Coastal Development Permits to the Commission. A. Definition. Any final action taken by a local government on a coastal development permit application may be appealed to the commission by the executive director of the commission, any person including the applicant or any 2 members of the commission pursuant to PRC Section 30602. An action shall be deemed final if it meets the criteria of Section VI.A. below. Exhaustion of local appeals, as provided in Section VI.D. below, must occur before an application may be appealed to the commission. B. Notice. Within ten (10) calendar days of accepting an application for a coastal development permit (or local government equivalent) or at least seven (7) calendar days prior to the first public hearing on a development proposal, the local government shall post the site and the public library nearest to the site and provide notice by first class mail of the pending application for a coastal development permit. 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 perimete-r•of the parcel on which the development is proposed, and to the commission. Notice shall also be provided to owners and residents adjacent to those within 100' of the development if the local government determines maximum public access so requires. 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 the proposed development and its location; (5) the date, time and place at which the application will be heard by the local governing body or hearing officer; (6) a brief description of the general procedure of local government concerning the conduct of hearing and local actions; (7) the system for local and Coastal Commission appeals, including any local fees required. C. Public Hearing. • At least one public hearing shall be held on each application for a coastal development, except administrative permit applications issued by a designated local government official pursuant to Sections 13154-13154.15 and PP.0 Section 30624. This shall afford persons the opportunity to appear at the hearing and inform the local government of the nature of their concerns regarding the project. Such hearing shall occur no earlier than seven (7) calendar days following the mailing of the notice required in subsection B above. The public hearing may be conducted in accordance 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. D. Notice of Local Government Action Where Hearing Continued If a decision on a development permit is continued by the local government to a time which is neither (1) previously stated in the notice provided puruant to subsection B, nor (2) announced at the hearing as being continued to a time certain, the local government shall provide notice of the further hearings (or action on the proposed development) in the same manner, and within the same time limits as established in B above. E. Determination of Applicable Notice and Hearing Procedures The determination of whether a development is categorically excluded, or within the commission's original permit jurisdiction pursuant to Section III B above, for purposes of these minimum standards for notice, hearing and appeals procedures shall be made by the local government at the time the application for development within the coastal zone is submitted. This determination shall be made with reference to the certified land use plan, including any maps, categorical exclusions, land use designations, and the original permit and appeals jurisdiction map adopted by the commission. Where an applicant, interested person, or a local government has a question as to the appropriate designation for the development, the following procedures shall establish whether a development is categorically excluded or is within the commission's original permit jurisdiction: (1) The local government shall make its determination as to what type of development is being proposed (i.e., categori- cally excluded, or within the commission's original jurisdiction) 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 local government procedures. (2) If the determination of the local government is challenged by any person, or if the local government wishes to have a commission determination as to the appropriate designation, the local government 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 (2) working days of the local government request, (or within two (2) working days of receipt of factual materials and/or site inspection necessary for such a determination), transmit its determination as to whether the development is categorically excluded, or within the commission's original permit jurisdiction; (4) Where, after the executive director's investigation, the executive director's determination is not in accordance with the local government 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 available commission meeting (in the appropriate geographic region of the State) following the local government request. Section VI. Final Local Government Action A. Finality. A local action on an application for a coastal development shall be deemed final when all local rights of appeal have been exhausted and defined in subsection D below. The local decision on the application shall contain all required findings including specific factual findings supporting the legal conclusions that the proposed development is or is not in conformity with the certified land use plan. B. Notice (1) Notice After Final Local Action. Within five (5) working days of a final local action on an application for any coastal development, the local government shall provide notice of its action by first class mail to the commission and to any persons who specifically requested notice of such final action by submitting a self-addressed, stamped envelope to the local government, (or where required who paid a reasonable fee to receive such notice.) The twenty (20) working day appeal period in subsection C below shall not begin until an effective notice of final local action has been received by the executive director. Such notice shall include conditions of approval and written findings and the procedures for appeal of the local action to the commission. (2) Failure to Act - Notice (a) Notification of Applicant: If a local government has failed to act on an application within the time limits set forth in Government Code Section 65950-65957.1 thereby approving the development by operation of law or failed to hold a hearing within 49 days ofte filing of the application as required by PRC Section 30621, the person claiming a right to proceed pursuant to Government Code Section 65950-65957.1 or PRC Section 30621 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. (b) Notification by Local Government: When a local government determines that the time limits established pursuant to Government Code Section 65950-65957.i or PRC Section 30621 have expired, the local government shall, within seven (7) calendar days of such determination, notify any person entitled to receive notice and the commission. The appeal period for projects approved by operation of law shall begin to run only upon the receipt of the local government notice in the commission office. (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.) C. Local Government Action - Effective Date. A final decision of a local government on an application for a coastal development permit shall become effective after the twenty (20) working day appeal period to the commission has expired unless any of the following occur: (1) an appeal is filed; (2) the notice of final local government action does not meet the requirements of these standards D. Exhaustion of Local Appeals (1) An appellant shall be deemed to have exhausted local appeals where the appellant has pursued his or her appeal'to the local appellate body (bodies) as required by the local government appeal procedures; except that exhaustion of all Local appeals shall not be required if any of the following occur: (a) The local government requires an appellant to appeal to more local appellate bodies than have been designated as appellate bodies for permits in the coastal zone, in their implementing procedures; (b) An appellant was denied the right of the initial local appeal by a local ordinance which restricts the class of persons who may appeal a local decision; (c) Where the executive director has determined that an appellant was denied the right of local appeal because local notice and hearing procedures for the development did not comply with the provisions of these procedures; (d) The local government charges an appeal fee for the filing or processing of appeals. (2) Where Joroject is appealed by two(2) members of the commission or the executive director, there shall be no requirement of exhaustion of local appeals. Provided, however, that a local government may provide, by ordinance, that notice of commissioner appeals may be transmitted to the local appellate body (which considers appeals from the local body that rendered the final decision,) and the appeal to the commission may be suspended pending a decision on the merits by that local appellate body. If the decision of the local appellate body modifies or reverses the previous decision, the commissioners shall be required to file a new appeal from that decision. Section VII. Mechanism for Review of Recorded Documents. All coastal development permits subject to conditions that require the recordation of deed restrictions, offers to dedicate or agreements imposing restrictions on real property shall be subject to the following procedures: A. Executive Director Review and Approval (1) The executive director of the commission shall review and approve all legal documents specified in the conditions of approval of a coastal development permit that are necessary to find the development consistent with the land use plan portion of the local government local coastal program. (a) Upon completion of permit review by the local government and prior to the issuance of the permit, the local government shall forward a copy of the permit conditions and findings of approval and copies of the legal documents to the executive director of the commission for review and approval of the legal adequacy and consistency with the requirements of potential accepting agencies; (b) The executive director of the commission shall have fifteen (15) working days from receipt of the documents in which to complete the review and notify the applicant of recommended revisions if any; (c) The local government may issue the permit upon expiration of the fifteen (15) working day period if notification of inadequacy has not been received by the local government within that time period; (d) if the executive director has recommended revisions to the applicant, the permit shall not be issued until the deficiencies have been resolved to the satisfaction of the executive director; B. Local Govement Review. If a local government requests, the commission shall delegate the authority to process the recordation of the necessary legal documents to the local government that meets the requirements of this subsection. The local government must demonstrate the willingness and ability to the executive director to accept, open, operate and maintain the easements and grants and implement the agreements imposing restriction on real property required as a condition of approval of coastal development permits. Upon completion of the recordation of the documents the local government shall forward a copy of the permit conditions and findings of approval and copies of the legal documents to the executive director of the commission. Section VIII. Amendments to Permits other than Administrative A. Application for amendments to coastal development permits issued by local governments shall be filed with the local government. (1) An application for an amendment shall be rejected if, in the opinion of an appropriate local official designated by resolution of the local government, the proposed amendment would lessen or avoid the intended effect of•a partially approved or conditioned permit unless the applicant presents newly discovered material information, which he could not, with reasonable diligence, have discovered and produced before the permit was granted. (2) The local government shall, consistent with the provisions of these minimum standards, determine by a majority vote of th•a membership present whether the proposed development with the proposed amendment is consistent with the requirements of the certified land use plan. The decision shall be accompanied by findings in accordance with Section 13096. State of California, Edmund G. Broo., Governor • California Coastal Commission 1�l~Y ,��•h ��( / \ SOUTH COAST DISTRICT ,t 666 E. Ocean Blvd., Suite 3107 ov, P.O. Box 14501� Long Beach, CA 90801 •" t (213) 590-5071 t ¢ i;1' August 11, 1982 Mr. James Hewicker, Director Planning Department City of Newport Beach P.O. Box 1768 Newport Beach, CA 92663-3384 Dear Mr. Hewicker: Please be advised that the Commission staff has completed a review of the City's draft Interim Coastal Development Procedures Ordinance for compliance with the Minimum Standards For Public Notice, Hearings and Appeals established by the Commission pursuant to P.R.C. 30600,5 (e) and (f). The Commission staff analysis indicates that the City's Interim Ordinance generally complies with the Minimum Standards. However, the Commission staff does have comments on a few areas of the City's Interim Ordinance and Information Sheet: The Commission staff's comments are attached to this letter. The Commission staff may also furnish the City with additional comments on the City's final Interim Coastal Development Procedures Ordinance after adoption by the City Council. In the event you have any questions regarding the Commission staff's comments, contact Gary Gleason of the district office. Yours Truly, Nan y A. L cast Districts Director NAL/GG/sa Coastal Commission Staff Comments on City of Newport Beach draft Interim Coastal Development Procedures Ordinance p.6 Section 1.030 B.7 Contents of Notice This section should contain a brief description of the system for Coastal Commission appeals. p.7 Section 1.035 C. Failure To Take Action This section should require the person claiming a right to proceed pursuant to P.R.C. 30621 or Government Code 65950- 65957.1 to also notify the Planning Director of his or her claim that the development has been approved by operation of law. p.7 Section 1.035 D. Notice of Failure To Take Action The Minimum Standards specify that the Director shall within seven (7) calendar days of a determination that the time limits pursuant to P.R.C. 30621 or Government Code 65950-65957.1 have expired notify any person entitled to receive notice and the Coastal Commission of such determination. p.11 Section 1.060 C. Administrative Permits This section should include a provision for refusal to grant an administrative permit. p.11 Section 1.060 D. Administrative Permits This section should incorporate a provision which specifies that following the Planning Director's report of the Adminis- trative permit to the Planning Commission if one-third.of the membership of the Planning Commission so request, the issuance of an administrative permit governed by P.R.C. 30624 shall not become effective, but shall, if the applicant wishes to pursue the application, be treated as a permit application governed by P.R.C. 30600.5. p.11 Section 1.060 E. Administrative Permits This section should include a provision for the appeal of admin- istrative permits. Information Sheet - Coastal Development Permits p.3 Exempt Projects It is important to point out that while certain types of develop- ments are exempt from coastal development permit requirements under Section 30610 of the Coastal Act, that there are many exceptions to the provisions of P.R.C. 30610 which are further specified in the Administrative Regulations adopted by the Commission. The following sections of the Administrative Regulations are cited for your additional information and to further clarify which catagories of development do require coastal development permits. - 1 - (continued) 0 (1) Additions to Existing Single Family Residences Section 13250 Administrative Regulations (2) Improvements That Require Permits Section 13253 Administrative Regulations State of California, Edmund G. BAY., Governor • California Coastal Commission SOUTH COAST DISTRICT 666 E. Ocean Blvd., Suite 3107 Long Beach, CA 90801 (213) 590-5071 July 22, 1982 Mr. James Hewicker, Director Planning Department City of Newport Beach P.O. Box 1768 Newport Beach, CA 92663-3884 Dear Mr. Hewicker: Please be advised that this office has received your letter of July 13, 1982, transmitting the City's draft Interim Coastal Development Procedures Ordinance. Review of the City's draft Coastal Development Procedures Ordinance for compliance with the Minimum Standards for Public Notice, Hearings and Appeals established by the Commission pursuant to P.R.C. 30600.5(e) and (f) has already been initiated. The results of the Commission staff review and analysis will be forwarded to the City within the 30-day review period established by the Minimum Standards: We look forward to working closely with you and your staff as the City assumes interim authority for issuance of coastal development permits. Contact Gary Gleason at the District office (714) 846-0648 in the event you require additional information. Y urs truly, David Loomis Deputy District Director South Coast District DL/GG:sws w CITY OF NEWPORT BEACH Office of CITY ATTORNEY June 30, 1982 To: Pat Temple From: Assistant City Attorney Subject: Interim Coastal Development Procedures SOO N�pacP�-�F Attached to this memo please find a draft ordinance that outlines the interim coastal development permit procedures pursuant to "Hannigan". I have suggested certain changes in the wording of many of the sections and, due to the rather poor quality of my hand- writing, I will outline the more significant of the suggested changes. 1. The third "whereas" clause should be revised to read as follows: "Whereas, ordinances implementing the Land Use Plan are being prepared as part of the City of Newport Beach Local Coastal Program and after the adoption of these implementing ordinances the interim coastal development permit procedures will be superceded" 2. The interium coastal development permit procedures should not be codified, and, thus, all references to chapter and section should be deleted. The ordinance does not need to be codified to be effective and, in light of the fact that it is an interium ordinance, codification will result only in additional expense in printing and, upon expiration, reprinting of the revisions in the Municipal Code. 3. Section 20.75.035 is somewhat confusing it appears as though the first sentence of that section should be rewritten, and the final part of that section rewritten in accordance with the changes proposed. 4. Subsection B of 20.75.040 is also confusing. In the final sentence of the first paragraph of Subsection B it appears as though the sentence should begin with the words "copies of all" as oppose to the manner in which it is presently written. Further, the second paragraph of Subsection B is, to me at least, Pat Temple • • June 30, 1982 page 2 very confusing. 5. It is suggested that Subsection D of Section 20.75.040 be amended such that the first sentence reads, inter alia, "and to any person, by submitting a self-addressed stamped envelope to the City, has specifically requested notice of such final action." Aside from the suggested changes, and the other minor revisions noted on the copy of the ordinance provided we have no comment. bf 11. • City Council Moing June 28, 1982 TO FROM Agenda Item No. J-2 CITY OF NEWPORT BEACH City Council Planning Department SUBJECT: Draft Interim Coastal Development Permit Procedures Suggested Action If desired: 1) Review and approve in concept the proposed Interim Coastal Development Permit Procedures; 2) Direct Staff to submit the proposed procedures to the Coastal Commission Staff for review; and 3) Direct Staff, to set this item for public hear- ing and adoption upon completion of the Coastal Commission Staff review. Background Effective January 1, 1982, the California Coastal Act of 1976 was amended, deleting references to the Regional Coastal Commissions and revising procedures for Local Coastal Programs. This amendment (AB 385 -'Hannigan) also permits local government assumption, of coastal development permit jurisdiction subsequent to certification of the Land Use Plan portion of the Local Coastal Program, as follows: "30600(b). Prior to certification of its local coastal program, a local government may, with respect to any development within its area of jurisdiction in the coastal zone..., establish procedures for the filing, processing, review, modification, approval, or denial of a coastal development permit. "30600.5(b)... The authority for issuance of'coastal development permits provided for in Chapter 7 shall be delegated to the respective local governments within 120 days after the effective date of certification of a land use plan..." The City of Newport Beach Local Coastal Program Land Use Plan was certified by the California Coastal Commission on May 19, 1982. r M f!r TO: City Cocil.- 2. I , Consistent with the provisions of Public Resources Code Section 30600.5 and the Administrative Regulations adopted by the Coastal Commission governing local government assumption of permit authority, the attached ordinance regarding interim coastal development permit procedures has been drafted. The assumption of Coastal Development Permit authority is optional on the part of local government. Discussion Development permits within the coastal zone in the City of Newport Beach are in four categories. Categorically exempt projects (pur- suant to Public Resources Code (30610(a)) require no coastal develop- ment permits. Development subject to the City of Newport Beach Categorical Exclusion Order E-77-5 will stay subject to the process of the Categorical Exclusion. Certain regular, administrative and emergency Coastal Development Permit authority is eligible to be assumed by the City pursuant to Section 30600.5 of the Coastal Act. As described below, development permits for some areas will remain subject to the original permit authority of the California Coastal Commission. The Interim Coastal Development Permit Procedures Ordinance will enact the procedures necessary for the City to commence issuing Coastal Development Permits in certain areas of the coastal zone. Primary components of the ordinance are as follows: 1) Coastal Development Permits Required a) The City is required to process Coastal Develop- ment Permits for all development except those which are categorically exempt (pursuant to Public Resources Code 30610(a)) or which are subject to Categorical Exclusion Order E-77-5. b) Development in any of the -following areas will remain subject to the original permit authority of the California Coastal Commission: i) Developments betwe road and the sea o the inland extent the mean high tide there is no beach, greater distance. en the first public r within 300 ft. of of any beach or of line of the sea where whichever is the ii) Developments located on tidelands, sub- merged lands, public trust lands, within 100 ft, of any wetland, estuary, stream, or within 300 ft. of the top of the sea- ward face of any coastal bluff. iii) Any development which constitutes a major public works project or major energy facility. T0: City Cocil - 3. • iv) Any development proposed or undertaken within ports covered by Chapter 8 of the Coastal Act of 1976 (commencing with Public Resources Code Section 30700) or within any state university or college within the coastal zone. v) Any development proposed by any state agency. 2) Notice. Ten (10)days prior to the public hearing, the site shall be posted with a public hearing notice, and additional notice shall be provided to the nearest public library, each applicant, all persons who have requested such notification, all property owners and residents within 100 ft., and the City Council. 3) Public Hearing. At least one public hearing shall be held on each Coastal Development Permit application, except administrative applications, by the Planning Director. 4) Appeals. The'decision of the Planning Director may be appealed to the Planning Commission, the City Council, and the Coastal Commission (in that order). An appeal may be filed directly to the Coastal Com- mission if the local notice and hearing procedures did not comply with adopted provisions, if an appeal fee is charged, if the project is appealed by two (2) members of the Coastal Commission, or where -the Plan- ning Commission or City Council refuses to hear an appeal. 5) Amendments. An amendment to a Coastal Development 'Permit may be approved by the Planning Director if the -amendment will not lessen or avoid the intended effect of an approved permit and is consistent with the requirements of the Certified Land Use Plan. 6) Administrative Permits. Administrative Permits may be .processed by the City provided a) the site is posted with a notice of intent to issue an adminis- trative permit, b) the permit shall not become effective until the Planning Commission has reviewed the application and decision, and c) the permit is subject to the same appeal procedures as a regular permit. 7) Emergency Permits. Emergency permits may be issued by the Planning Director provided a) an emergency exists that requires action more quickly than permitted by regular or administrative permit procedures, b) public comment on the emergency action has been reviewed, if time allows,,and c) the work is consistent with the certified Land Use Plan. TO: City Cocil - 4. 8) Effective Dates. This ordinance is adopted as an interim ordinance and shall be.effective only until such time as the complete Local Coastal Program for the City of Newport Beach is certified. The Interim Coastal Development Procedures Ordinance has been drafted consistent with the Coastal Commission Regulations regard- ing local government assumption of Coastal Development Permit au- thority. The regulations require the establishment of notice and appeal procedures by local government similar to those currently required by the California Coastal Commission., The ordinance has the effect of shortening the permit process for simple permits which are not appealed, but could lengthen the process for a permit which is subjected to the entire appeal process as established. Mapping of Permit Areas A map illustrating the City Coastal Development Permit authority is attached. At the time this ordinance is brought before the City Council for approval, a complete set of atlas sheets delineating the precise permit jurisdiction boundaries will be Provided. Respectfully submitted, PLANNING DEPARTMENT JAMES D. HEWICKER, Dire( by PATRICIA LEE TEMPLE, Senior Planner PLT/kk Attachments for City Coy 1) Interim Ordinance 2 Permit Jurisdicti • • 6/23/82 DRAFT ORDINANCE NO. AN ORDINANCE ENTITLED "INTERIM COASTAL DEVELOPMENT PERMIT PROCEDURES" PROVIDING FOR REVIEW OF COASTAL DEVELOPMENT PERMIT APPLICATIONS CONSISTENT WITH THE CERTIFIED LAND USE PLAN OF THE CITY OF NEWPORT BEACH LOCAL COASTAL PROGRAM. WHEREAS, Section 30600.5 of the Public Resources Code of the State of California provides that the authority for issuance of coastal development permits shall be delegated to local governments after certification of a land use plan and the adoption of an interim ordinance governing the review of coastal development permit applications; and WHEREAS, on May 19, 1982, the Land Use Plan of the City of Newport Beach Local Coastal Program attached hereto as.Exhibit "A" was certified by the California Coastal Commission; and WHEREAS, ordinances implementing the Land Use Plan are being prepared as part of the City of Newport Beach Local Coastal Program which, upon completion, will supercede these procedures; and WHEREAS, the City, in order to assume coastal development 'permit authority prior to certification of the Local Coastal Program, wishes to adopt this ordinance consistent with the requirements of Public Resources Code Section 30600.5. .NOW, THEREFORE, the City Council of the City of Newport Beach DOES ORDAIN as follows: Chapter 20.75 entitled "Interim Coastal Development Permit. Procedures" is hereby added to the Newport Beach Municipal Codes, as follows: • D R A P T • Chapter 20.75 INTERIM COASTAL DEVELOPMENT PERMIT PROCEDURES Sections: 20.75.005 Intent 20.75.010 Coastal Development Permit Required 20.75.015 Definitions 20.75.020 Exemptions 20.75.025 Application Procedures 20.75.030 Notice 20.75.035 Public Hearing 20.75.040 Appeal Procedures 20.75.045 Effective Date of Coastal Development Permit 20.75.050 Review of Recorded Documents 20.75.055 Amendments to Non -Administrative Permits 20.75.060 Administrative Permits 20.75.065 Emergency Permits 20.75.070 Severability 20.75.075 Effective Date of this Ordinance 20.75.005 INTENT. The certification of the City of Newport Beach Local Coastal Program Land Use Plan by the California Coastal Commission necessitates the implementation of interim procedures for the City of Newport Beach to issue Coastal Development Permits pursuant to Public Resources Code Section 30600.5. The provisions of this Section are designed to allow development within the coastal zone provided that such development is consistent with the policies of the certified Land Use Plan while the Planning Commission and City Council formulate and adopt the zoning ordinances necessary for the 'certification of the Local Coastal Program. Once these ordinances are adopted and certified by the California Coastal Commission the procedures contained in this ordinance will have no further force and effect. All uses within the coastal zone of the City of Newport Beach that, are .in conflict with the development of these zoning ordinances are hereby prohibited. 20.75.010 COASTAL DEVELOPMENT PERMITS REQUIRED. As defined herein, all developments within the coastal zone shall obtain a Coastal Development Permit in accordance with the provisions of this chapter. No Coastal Development Permit shall be issued should it be determined that the proposed use or development is inconsistent with the policies of the certified Land Use Plan of the Newport Beach Local Coastal Program. In the event there should,be any conflict between the provision of this ordinance and any other • • • Page 2 INTERIM COASTAL DEVELOPMENT PERMIT PROCEDURES Chapter 20.75 ordinances, policies or standards effecting development within the coastal zone, the provisions of this ordinance shall apply. 20.75.015 DEFINITIONS. For the purpose of this chapter, the following words or terms shall be defined as follows: Coastal Zone. The term "Coastal Zone" is defined to be that area mapped in the Land Use Plan attached hereto as Exhibit "A". Development. "Development" shall mean, on land, in or under water, the placement or erection of any solid material or structural 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, subdivision pursuant to the Subdivision Map Act (commencing with Section 66410 of the Government Code), 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; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition, or alteration of the size of any structure, including any facility of private, public, or municipal utility, and 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 (commencing with Section 4511). Planning Director. "Planning Director" shall mean the Planning Director of the City of Newport Beach, or his designated representative, including the Modifications Committee. 9 • • Page 3 INTERIM COASTAL DEVELOPMENT PERMIT PROCEDURES Chapter 20.75 Structure. As used in this chapter, "structure" includes, but is not limited to, any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electric power transmission and distribution line. 20.75.020 DEVELOPMENTS EXEMPT FROM THE PROVISIONS OF THIS CHAPTER. The following developments shall be exempt from the provisions of this chapter: 1. Categorically Excluded Developments. A permit issued for a development which is categorically excluded from the coastal development permit requirements pursuant to Public Resources Code 30610(e) and Categorical Exclusion Order E-77-5, shall be exempt from the provisions of this chapter. 2. Developments Subject to Original Coastal Development Permit Jurisdiction of the California Coastal Commission. The following developments are within the original Coastal Development Permit jurisdiction of the California Coastal Commission: a. Developments 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 of the sea where there is no beach, whichever is the greater distance. b. Developments located on tidelands, submerged lands, public trust lands, within 100 feet of any wetland, estuary, stream, or within 300 feet of the top of the seaward face of any coastal bluff. Y • • Page 4 INTERIM COASTAL • DEVELOPMENT PERMIT PROCEDURES Chapter 20.75 c. Any development which constitutes a major public works project or a major energy facility. d. Any development proposed or undertaken within ports covered by Chapter 6 (commencing with Public Resources Code Section 30700) or within any state university or college within the coastal zone. e. Any development proposed by any state agency. j Coastal development permit applications for the aforementioned developments ICI • shall be made directly to the California Coastal Commission. 3. Determination of Designation. Where a question arises as to the III appropriate designation for the development, the following ,I procedures shall establish whether a development is categorically excluded or is within the Coastal Commission's original permit jurisdiction: a. The Planning Director shall make a determination as to what type of development is being proposed (i.e., categorically excluded or within the Coastal Commission's original jurisdiction) and shall inform the applicant of the determination. b. If the determination of the Planning Director is challenged by any person, or if the Planning Director wishes to have a Coastal Commission determination as to the appropriate designation, the Planning Director shall notify the Coastal Commission by telephone ofthe dispute/question and shall request an opinion from the Executive Director of the California Coastal Commission. S • Page 5 INTERIM COASTAL DEVELOPMENT PERMIT PROCEDURES Chapter 20.75 20.75.025 APPLICATIONS PROCEDURES. Applications for Coastal Development Permits shall be submitted to the Planning Department in writing on forms prescribed by the Planning Director, and shall be accompanied by a fee as established by Resolution of the City Council, and by plans and elevations of sufficient detail to determine compliance with all applicable policies, standards and ordinances of the City of Newport Beach and the certified Land Use Plan. The Planning Director shall review all applications and shall have the authority to make a determination to accept, conditionally accept or reject the Coastal Development Permit application. To the maximum extent feasible, functionally related developments to be performed by the same applicant shall be the subject of a single permit application. The Planning Director shall not accept for filing a second application for development which is the subject of a permit application already pending before the City. This section shall not limit the right of an applicant to amend a pending application for a permit before action by the Planning Director. 20.75.030 NOTICE. A. Within ten (10) calendar days of accepting an application for a Coastal Development Permit and at least ten (10) days prior to the first public hearing on a development proposal, the Planning Director shall post the site with a public notice, and post a copy of said notice inside the public library nearest to the site and provide notice by first class mail of the pending application for a Coastal Development Permit. In addition said notice shall be provided to each of the following people: 1. each applicant; 2. all persons who have requested to be on the mailing list for that development project or for coastal decisions within the local jurisdiction; 3, all property owners and residents within 100 feet of the perimeter of the parcel on which the development is proposed; 4 • • Page 6 INTERIM COASTAL DEVELOPMENT PERMIT ' PROCEDURES Chapter 20.75 4, the City Council; 5. owners and residents adjacent to those within 100 feet of the development if the Planning Director determines maximum public access so requires. B. CONTENTS OF NOTICE. Each public notice shall contain at a minimum the following information; ' 1. a statement that the development is within the coastal zonal 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 Director; 6. a brief description of the general procedure concerning the conduct of hearing and local actions; 7, the system for local Coastal Development Permit appeals, including any local fees required. 20.75.035 PUBLIC HEARING. A. At least one public hearing shall be held on each application for a Coastal Development Permit, before the Planning Director, except administrative permit applications, within forty-nine (49) days of the filing of the application. This shall afford persons the opportunity to appear at the hearing and inform the Planning Director of the nature of their concerns regarding the project. Such hearing shall occur no earlier than ten (10) calendar days following the mailing of the notice required in Section 20.75.030. The public hearing shall be conducted to give interested persons an opportunity to appear and present their viewpoints, either orally or in writing. J • • Page 7 INTERIM COASTAL DEVELOPMENT PERMIT PROCEDURES Chapter 20.75 B. NOTICE WHERE HEARING CONTINUED. If a decision on a development permit is continued by the Planning Director to a time which is neither (1) previously stated in the notice, nor (2) announced at the hearing as being continued to a time certain, the Planning Director shall provide notice of further hearings (or action on the proposed development) in the same manner, and within the same time limits as established in Section 20.75.030. C. FAILURE TO TAKE ACTION. Should the City fail to act on an application within the time limits set forth in Government Code Section 65950-65957.1, thereby approving the development by operation of law, or fail to hold a hearing within 'forty-nine (49) days of the filing of the application as required by Public Resources Code Section 30621, the person claiming a right to proceed pursuant to Government Code Section 65950-65957.1 or Public Resources Code Section 30621 shall notify, in writing, the Executive Director of the Coastal Commission of the claim that the development has been approved by operation of law. Such notice shall specify the application which is claimed to be approved. D. NOTICE OF FAILURE TO TAKE ACTION. When the Planning Director determines that the time limits established pursuant to Government Code Section 65950-65957.1 or Public Resources -Code Section 30621 have expired, he shall, within ten (10) calendar days of such determination, notify any person entitled to receive notice and the Coastal Commission. The appeal period for projects approved by operation of law shall begin to run only upon the receipt of the notice in the Coastal Commission District Office 20.25.040 APPEAL PROCEDURES. A. Any final action taken by the City on a Coastal Development Permit application may be appealed to the Coastal Commission by any person, the Executive Director or any two (2) members of the Coastal Commission pursuant to Public Resources Code section 30602. An action shall be deemed final when all rights of appeal have been 12 • Page e • INTERIM COASTAL DEVELOPMENT PERMIT PROCEDURES Chapter 20.75 exhausted. Except as noted below, exhaustion of all local appeals must occur before an application may be appealed to the Coastal Commission, E. EXHAUSTION OF LOCAL APPEALS. After the initial hearing on the application, the decision of the Planning Director may be appealed to the Planning Commission within ten (10) days of the mailing of notice of written findings for approval, conditional approval or denial of the application to all interested persons and the Coastal Commission. Said notice must be mailed by the Planning Director no later than ten (10) days after the initial hearing. All copies of Planning Director decisions and findings shall be forwarded to the Planning Commission. The Planning Commission shall determine whether to hear each appeal and shall mail notice of its determination at least ten (10) days prior to a hearing on the appeal or its determination not to hear the appeal to the applicant, appellant, all interested persons and the Coastal Commission.. The decision of the Planning Commission may be appealed in a similar manner to the City Council. The action of the City Council on the appeal or the Planning Commission's determination not to hear the appeal shall be deemed the final local action. C. EXEMPTION FROM LOCAL APPEAL PROCEDURES. An appellant shall be deemed to have exhausted local appeals where the appellant has pursued the appeal to the City Council, except that exhaustion of all local appeals shall not be required if any of the following occur: 1. Where the Executive Director has determined that an appellant was denied the right of local appeal because local notice and public hearing procedures for the development did not comply with the provisions of these procedures. 2. An appeal fee for the filing or processing of appeals is charged. U • • Page 9 INTERIM COASTAL DEVELOPMENT PERMIT PROCEDURES Chapter 20.75 3. Where the project is appealed by two (2) members of the Coastal Commission or the Executive Director of the Coastal Commission. 4. Where the Planning Commission and City Council refuses to hear the appeal. D. NOTICE OF FINAL LOCAL ACTION. Within five (5) working days of a final local action (including appeal periods) on an application for any Coastal Development Permit, the Planning Director shall provide notice of the action by first class mail to the Coastal Commission and to any persons who specifically requested notice of such final action by submitting a self-addressed, stamped envelope to the City. The twenty (20) working day appeal period specified in Section 20.75.045 shall not begin until an effective notice of final local action has been received by the Executive Director of the Coastal Commission. Such notice shall include any conditions of approval and written findings and the procedures for appeal of the local action to the Coastal commission. 20.75.045 EFFECTIVE DATE OF COASTAL DEVELOPMENT PERMIT. A final decision on a Coastal Development Permit shall become effective after a twenty (20) working day appeal period to the Coastal Commission has expired unless one of the following occur: 1. An appeal is filed; or 2. the notice of final action does not meet the requirements of this Chapter. 20.75.050 REVIEW OF RECORDED DOCUMENTS. All Coastal Development Permits subject to conditions that require the recordation of deed restric- tions, offers to dedicate or agreements imposing restrictions on real property shall be subject to the following procedures: /o • . Page 10 INTERIM COASTAL DEVELOPMENT PERMIT PROCEDURES Chapter 20.75 1. The Executive Director of the Coastal Commission shall review and approve all legal documents specified in the conditions of approval of a Coastal Development Permit that are necessary to find the development consistent with the Certified Land Use Plan. 2. Upon completion of permit review by the Planning Director and prior to the issuance of the permit, the City shall forward a copy of the permit conditions and findings of approval and copies of the legal documents to the Executive Director of the Coastal Commission for review and approval of the legal adequacy and consistency with the requirements of potential accepting agencies. 3. The Executive Director of the Coastal Commission shall have fifteen (15) working days from receipt of the documents in which to complete the review and notify the applicant of recommended revisions if any. 4. The City may issue the permit upon expiration of the fifteen (15) working day period if notification of inadequacy has not been received by the City within that time period. 5. If the Executive Director of the Coastal Commission has recommended revisions to the applicant, the permit shall not be issued until the deficiencies have been resolved to the satisfaction of the Executive Director. 20.75.055 AMENDMENTS TO NON -ADMINISTRATIVE PERMITS. Application for amendments to Coastal Developments Permits issued by the City shall. be filed with the Planning Director. . • Page it INTERIM COASTAL DEVELOPMENT PERMIT PROCEDURES Chapter 20.75 a. An application for an amendment shall be rejected if, in the opinion of the Planning Director, the proposed amendment would lessen or avoid the intended effect of a partially approved or conditioned permit unless the applicant presents newly discovered material information, which he could not, with reasonable diligence, have discovered and produced before the permit was granted. b. The Planning Director or the Planning Commission or the City Council on appeal shall, consistent with the provisions of these minimum standards, shall determine whether the proposed development with the proposed amendment is consistent with the requirements of the certified Land Use Plan. 20.75.060 ADMINISTRATIVE PERMITS. A. The Planning Director may process an application for a Coastal Development Permit as an Administrative Permit if the proposed development falls within the criteria established in Public Resources Code Section 30624. B. Upon making the determination that an application for a Coastal Development Permit may be considered as an Administrative Permit, the Planning Director shall provide the applicant with a standardized form to be used to post on the site in a conspicuous place informing the public of the intent to issue an Administrative Permit. Such notice shall contain a general description of the nature of the proposed development. If the applicant fails to so post the completed notice form and sign a declaration of posting, the Planning Director shall refuse to file the application, or shall withdraw the application from filing if it has already been filed, when it has been determined that the notice requirements have not been complied with. The applicant shall provide any additional notice to the public that the Planning Director deems necessary and the Planning Director shall also notify any persons known to be interested in the proposed development. A?_ • Page 12 • INTERIM COASTAL DEVELOPMENT PERMIT PROCEDURES Chapter 20.75 C. The Planning Director may approve or modify an application for development governed by this subsection on the same grounds that the City may approve an ordinary application and may include reasonable terms and conditions required for the Development. to conform with the policies of the certified Land Use Plan. Permits issued for such developments shall be governed by the standards used in approving Coastal Development Permits pursuant to Public Resources Code Section 30600.5 and this ordinance. D. An Administrative Permit issued pursuant to the provisions of this Section and Public Resources Code Section 30624, shall not become effective until the Planning Commission reviews the application and decision at its first scheduled meeting after the Permit has been issued by the Planning Director. E. The Planning Director shall notify the Planning Commission in writing of each Administrative Permit issued pursuant to the provisions of this Section, with a description of each Development. Copies of this report shall be mailed, at least five (5) days prior to the scheduled Planning Commission meeting, to all persons who have stated in writing their desire to receive such notice. P. Amendments to Administrative Permits may be approved by the Planning Director upon the same criteria and subject to the same reporting requirements and procedures, including public notice and appeals, as provided for in this ordinance in the original issuance of such Administrative Permits. If any amendment would, in the opinion of the Planning Director, increase the cost of the proposed Development to an amount that exceeds that specified in Public Resources Code Section 30624, the applicant shall thereafter be treated in the manner prescribed by this ordinance dealing with amendment to permits other than Administrative Permits. !9 • • Page 13 INTERIM COASTAL DEVELOPMENT PERMIT PROCEDURES Chapter 20.75 20.75.065 EMERGENCY PERMITS. A. Applications for an Emergency Permit shall be submitted in writing to the Planning Director. The following information shall be included in this request: 1. nature of the emergency; 2. cause of the emergency, insofar as this can be established; 3, location of the emergency; 4, the remedial, protective or preventive work required to deal with the emergency; and 5, the circumstances during the emergency that appeared to justify the cause(s) of action taken, including the probable consequences of failing to take action. B. The Planning Director shall verify the facts submitted, including the nature and extent of the emergency. C, The Planning Director shall provide public notice of the emergency work, with the extent and type of notice determined on the basis of the nature of the emergency. D. The Planning Director may grant an Emergency Permit upon reasonable terms and conditions, including an expiration date and the necessity for a regular Permit application later, if the Planning Director finds that: 1. An emergency exists that requires action more quickly than permitted by procedures for Administrative Permits or for regular permits and the work can and will be completed within thirty (30) days unless otherwise specified by the terms of the Permit. 2. Public comment on the proposed emergency action has been, reviewed, if time allows. /yl • •Page 14 INTERIM COASTAL DEVELOPMENT PERMIT PROCEDURES Chapter 20.75 3. The work proposed is consistent with the requirements of the certified Land Use Plan. E. The Planning Director shall not issue an Emergency Permit for any work that falls within the provisions of Public Resources Code Sections 30159(b) and 30601 since a Coastal Development Permit application must be reviewed by the California Coastal Commission pursuant to the provisions of Public Resources Code Section 30600.5. F. The Planning Director shall report, in writing, to the Planning Commission and the Coastal Commission, at the first scheduled meeting after the Emergency Permit has been issued, the nature of the emergency and the work involved. Copies of this report shall be available at the meeting and shall be mailed to all persons who have requested such notification in writing. G. The report of the Planning Director shall be informational only; the decision to issue an Emergency Permit is solely at the discretion of the Planning Director subject to the provisions of this ordinance. 20.75.070 SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance or any part thereof. 20.75.075 EFFECTIVE DATE OF THIS ORDINANCE. This ordinance shall take effect thirty (30) days after passage and adoption, and shall Ee of no further force and effect at such time as the Local Coastal Program for the City of Newport Beach is certified by the California Coastal Commission. AYES, COUNCIL MEMBERS /S . • Page IS INTERIM COASTAL DEVELOPMENT PERMIT PROCEDURES Chapter 20.75 NOES: COUNCIL MEMBERS ABSENT COUNCIL MEMBERS Mayor ATTEST: /G LCP LAND USE PLAN PERMIT AREAS >.%; Ana "•'r'J• •ys'� � CITY OF NEWPOBT BEACH m __ Huai mwl`. uYavoYA _ �_� ■ 1 S t LEGEND L_ J•CITY PERMIT AREAS '.AFTER CERTIFICATION i OF THE LAND USE iPLAN COASTAL COMMISSION PERMIT AREAS AFTER CERTIFICATION OF THE LAND USE PLAN _COASTAL ZONE BOUNDARY 416 01 0I J City Permit Jurisdiction If the City assumes permit authority under the Hannigan legislation, the City will be able to issue all levels of permits (including approvals for major subdivisions and tracts, variances, use permits, etc.) provided they are not: 1) between the first public road and the sea or within 300 ft. of the inland extent of the beach or mean high tide line, whichever is greater; 2) located on tidelands, submerged lands, public trust lands, within 100 ft. of any wetland, estuary, or stream or within 300 ft. of the top of the seaward face of any coastal bluff; 3) a major public works or energy facility; or 4) a development proposed by a state agency. All Coastal Development Permits issued by the City will be appealable to the California Coastal Commission. All developments except exempt projects -(see attached) require a coastal development permit. Some projects will qualify for Administrative Permits (see attached). PT:nma 6/28/82 1) Improvements to existing single family residences. 2) Minor improvements to any existing structure except single family dwellings which: a) involve risk of adverse environmental effect; b) adversely affect public access; or c) involve a change in use contrary to the certified LUP. 3) Maintenance dredging of existing navigational channels or disposition of spoils from said dredging subject to a permit from the U.S. Army Corps of Engineers. 4) Repair and maintenance activities that do not result in an addition to, enlargement or expansion of the building or use. 5) Development subject to the City's Categorical Exclusion Order E-77-5 (single family dwelling and duplexes not on the waterfront). 6) Installation, testing and placement in service of a replacement utility connection for a prior -approved development. 7) Replacement of a structure destroyed by natural disaster provided the replacement structure conforms to all applicable zoning regulations and does not exceed the floor area, height or bulk of the destroyed structure by more than 10%. 8) The conversion of an existing multi -family residential project to a time-share; but not the conversion of a multi -family residential project to condominiums, co-ops, or stock co-ops. PT:nma 6/28/82 ADMENISTRATM 1) Improvements to existing structures. (Resulting in an addition to, enlargement or expansion of the building or use). 2) Any single family dwelling. 3) Any development of 4 or less dwelling units that does not require a demolition. 4) Developuents not in excess of $100,000 other than a division of land. 5) Any development authorized as a principal permitted use in the certified land use plan. PT:nma 6/28/82 EXAMPTE 0 Application for permit filed 10 days Notice of Hearing and Post Property 14 - 20 days I Public Hearing (Modifications Committee) 10 days I Notice of Action Planning Director Hearing 10 days Total 44 - 50 days Appeal to P.C. 16 - 23 days ylDetermination by P.C. 14 - 21 days I Public Hearing by P.C. Planning Commission Hearing 10 days I Total 84 - 104 days Appeal to C.C. 18 - 25 days I Determination by C.0 14 - 21 days I Public Hearing by C.C. 5 days Notice of Action City Council Hearing 20 working daysl Total 149 -183 days (28 days) Appeal to Coastal Commission 45 - 60 days Final Action Coastal Commission Hearing Total 194 - 243 days PT:nma 6/28/82 • SAM,PI-E 0KD1WANCe5, 1A ORDINANCE NO. AN ORDINANCE ENTITLED, "COASTAL DEVELOPMENT PERMIT PROCEDURES" PROVIDING FOR REVIEW OF COASTAL DEVELOPMENT PERMIT APPLICATIONS CONSISTENT WITH THE CERTIFIED LAND USE PLAN OF THE CITY/COUNTY OF WHEREAS Section 30600.5 of the Public Resources Code of the State of California provides that the authority for issuance of coastal development permits shall be delegated to local governments after certification of a land use plan and the adoption of an interim ordinance governing the review of coastal development per- mit applications; and WHEREAS on , the land use plan for the City/County of was approved by the California Coastal Commission; and WHEREAS on any and all conditions or modifications approved by the Coastal Commission were adopted by the City Council/Board of Supervisors; and WHEREAS on the Commission or its execu- tive director acknowledged that the conditions adopted by the City/County resulted in the certification of the land use plan attached hereto as Exhibit A; and WHEREAS ordinances implementing the land us plan are being prepared as part of the City/County's local coastal program and upon completion will supersede these procedures; and WHEREAS the City/County, in order to assure coastal develop- ment permit authority prior to certification of its local coastal program, desires to adopt this ordinance consistent with the requirements of the implementing legislation. NOW, THEREFORE, the City Council/Board of Supervisors of does ordain as follows: ORDINANCE NO. entitled "Interim Coastal Develop- ment Permit Procedures" is hereby added to of the Municipal Code to read as follows: SECTION'1000. "COASTAL DEVELOPMENT PERMIT PROCEDURES". (a) Intent and Purposes. The adoption of the CityJCounty's land use plan (attached as Exhibit A) has effected a significant change to the City/County's General Plan in the coastal zone and necessitate these procedures to implement the state program • -2- n for issuance of coastal development permits pursuant to Public Resources Code Sections 30512 and 30600.5. The provisions of this Section are designed to allow devel- opment within the coastal zone provided that such development is consistent with the policies of the certified land use plan while the Planning Commission and City Council/Board of Supervisors formulate and adopt the zoning ordinances neces- sary for the certification of the local coastal program. Once these ordinances are adopted and certified by the California Coastal Commission the procedures contained in this ordinance will have no further force and effect. All uses within the coastal zone of the City/County of that may be in conflict with the development of these zoning ordinances are hereby prohibited. u. c 1.� %1J, ueveiQPment wirnln the coastal zone must obtain a coastal development permit that is found to be consistent with the policies of the certified land use plan. The provisions of this ordinance shall supersede any conflicting local ordinances or procedures affecting development in the coastal zone. SECTION 1000.2 DEFINITIONS. (a) Coastal Zone. The coastal zone is defined to be that area described in Exhibit B, attached hereto (or mapped on page _ of the land use plan attached as Exhibit A). (b) Development. "Development" means, on land, in or under water, the placement or erection of any solid material or structure; 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, subdivision pursuant to the Subdivision Map Act (commencing with Section 66410 of the Government code), 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; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition, or alteration of the size of any structure, including any facility of private, public, or municipal utility, and the removal or harvesting or 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 pro- . visions of the Z'berg-Nejedly Forest Practice Act of 1973 (commencing with Section 4511). 0 -3- As used in this section, "structure" includes but is not limited to, any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electric power transmission and distribution line. (c) Major Energy Facility. "Major energy facility" means any energy facility as defined by Public Resources Code Sec- tion 30107 and exceeding $50,000 in estimated cost of construction. (d) Major Public Works Project. "Major public works project" means any public works project as defined by California Administrative Code Section 13012 and exceeding $50,000 in estimated cost of construction. (a) Categorically Excluded Developments. A permit issued for a development which is categorically excluded from the coastal development permit requirements pursuant to Public Resources Code Section 30610(e), shall be exempt from the requirements of these procedures. The City/County shall maintain a record for all permits issued for categorically excluded developments which shall be made available to the commission or any interested person upon record and may be in the form of any record of permits issued currently main- tained by the local government, provided that such record includes the applicant's name, an indication that the pro- ject is located in the coastal zone, the location of the project, and a brief description of the project. (!7) the coastal commission. Tne following developments are within the original permit jurisdiction of the commission and do not require City/County coastal development permits pursuant to PRC Section 30600.5(b). Consequently, they are exempt from the requirements of these minimum standards: 1. Developments between the sea and the first public road paralleling the sea or within 300 feet of the inland except of any beach or of the mean high tide line of the sea where there is no beach, whichever is the greater distance. 2. Developments located on tidelands, submerged lands, public trust lands, within 100 feet of any wetland, estuary, stream, or within 300 feet of the top of the seaward face of any coastal bluff. 3. Any development which constitutes a major public works project or a major energy fdcility. -4- 4. Any development proposed or undertaken within ports covered by Chapter 8 (commencing with PRC Section 30700) or within any state university or college within the coastal zone. 5. Any development proposed by any state agency. Applications for these developments must be made directly with the commission. SECTION 1000.4 APPLICATION PROCEDURES. (a) Submission of Application. All applications for coastal development permits shall be submitted to the Director of Planning or a designated representative (hereafter Director). The Director shall review all applications and shall have the authority to make a determination to accept, conditionally accept or reject the coastal development permit application. (b) Single Permit Ap lication. To the maximum extent feasible, functionally related developments to be performed by the same applicant shall be the subject of a single permit application. The Director shall not accept for filing a second application for development which is the subject of a permit application already pending before the City/County. This section shall not limit the right of an applicant to amend a pending appli- cation for a permit before action by the Director. Applica- tions for amendments to permits after Director action shall be in accordance with Section below. SECTION 1000.5 APPLICATION FORM AND INFORMATION REQUIREMENTS. (a) 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 land use plan, 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/County will be adequately informed as to present uses and plans, both public and private, insofar as they can reasonably be ascer- tained for the vicinity surrounding the project site. The description of the development shall also include any feas ible alternatives or any feasible mitigation measures avail- able 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. I -5- (b) A description and documentation of the applicant's legal interest in all the property upon which work would be per- formed, if the application were approved, e.g., ownership, leasehold, enforceable option authority to acquire the specific property by eminent domain. (c) 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 appli- cation is not the applicant, written evidence that the signer is authorized to act as the applicant's representa- tive and to bind the applicant in all matters concerning the application. (d) The applicant shall furnish to the City/County at the time of submission of the application, either, one (1) copy of each drawing, map, photograph, or other exhibit approximately 8�" by 11", or if the applicant desires to submit exhibits of a larger size, enough copies reasonably required for dis- tribution to those persons on the mailing list and for inspec- tion by the public in the City/County office. A reasonable number of additional copies may, at the discretion of the Director, be required. (e) Any additional information deemed to be required by the City/County or the Director for specific categories of devel- opment or for development proposed for specific geographic areas. (f) 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 process- ing the application or may constitute grounds for revocation of the permit. (g) A fee set by Resolution of the City Council/Board of Super- visors. SECTION 1000.6 NOTICE. Within ten (10) calendar days of accept- ing an application for a coastal development permit and at least seven (7) calendar days prior to the first public hearing on a development proposal, the Director shall post the site and the public library nearest to the site and provide notice by first class mail of the pending application for a coastal development permit.. This notice shall be provided to each of the following people: (a) each applicant,•' (b) to all persons who have requested to be on the mailing list for that development project or for coastal decisions within the local jurisdiction; (c) to all property owners and residents within 100 feet of the perimeter of the parcel on which the development is proposed; (d) to the City Council/Board of Supervisors; (e) notice shall also be provided to owners and residents adja- cent to those within 100 feet of the development if the Director determines maximum public access so requires. SECTION 1000.7 CONTENTS OF NOTICE. (a) a statement that the development is within the coastal zone; (b) the date of filing of the application and the name of the applicant; (c) the number assigned to the application; (d) a description of the proposed development and its location; (e) the date, time and place at which the application will be heard by the Director; (f) a brief description of the general procedure concerning the conduct of hearing and local actions; (g) the system for local Coastal Commission appeals, including any local fees required. SECTION 1000.8 PUBLIC HEARING. At least one public hearing shall be held on each application for a coastal development before the Director of Planning, except administrative permit applications, within 49 days of the filing of the application. This shall afford persons the opportunity to appear at the hearing and inform the Director of the nature of their concerns regarding the project. Such hearing shall occur no earlier than seven (7) calendar days following the mailing of the notice required in Section 1000.6. The public hearing shall be conducted to give interested persons an opportunity to appear and present their viewpoints, either orally or in writing. SECTION 1000.9 NOTICE WHERE HEARING CONTINUED. If a decision on a development permit is continued by the Director to a time which is neither (1) previously stated in the notice, nor (2) announced at the hearing as being continued to a time certain, the Director shall provide notice of the further hearings (or action on the proposed development) in the same manner, and within the same time limits as established in Section 1000.6. SECTION 1000.10 DETERMINATION OF APPLICABLE PROCEDURES. The determination of whether a development is categorically excluded • -7- 0 or within the Commission's original permit jurisdiction pursuant to Section 1000.3(a)(b) shall be made by the Director at the time the application for development within the coastal zone is sub- mitted. This determination shall be made with reference to the certified land use plan, including any maps, categorical exclusions, land use designations, and the original permit and appeals jurisdic- tion map adopted by the Commission. Where a question arises as to the appropriate designation for the development, the following procedures shall establish whether a development is categorically excluded or is within the Commission's original permit jurisdic- tion: (a) The Director shall make his or her determination as to what type of development is being proposed (i.e., categorically excluded or within the Commission's original jurisdiction) and shall inform the -applicant of the determination. (b) If the determination of the Director is challenged by any person, or if the Director wishes to have a Commission deter- mination as to the appropriate designation, the Director shall notify the Commission by telephone of the disputel question and shall request an executive director's opinion. SECTION 1000.11 APPEALS TO COASTAL COMMISSION. Any final action taken by the City/County on a coastal development permit applica- tion may be appealed to the Coastal Commission by any person, the executive director or any two (2)"members of the Commission pursuant to Public Resources Code Section 30602. An action shall be deemed final when all rights of appeal have been exhausted. Except as noted in subparagraph (e) below, exhaustion of all local appeals must occur before an application may be appealed to the Commission. SECTION 1000.12 EXHAUSTION OF LOCAL APPEALS. After the initial hearing on the application, the decision of the Director of Planning may be appealed to the Planning Commission within 10 days of the mailing of notice of written findings for approval, condi- tional approval or denial of the application to all interested persons and the Coastal Commission. Said notice must be mailed by the Director no later than 10 days after the initial hearing. All copies of Director decisions and findings shall be forwarded to the Planning Commission. The Planning Commission shall determine whether to hear each ap- peal and shall mail notice of its determination at least seven (7) days prior to a hearing on the appeal or its determination not to hear the appeal to the applicant, appellant, all interested - persons and the Commission. The decision of the Planning Commis- sion may be appealed in a similar manner to the City Council/ Board of Supervisors-. _The action of the City Council/Board of Supervisors on the appeal or the Planning Commission's determin- ation not to hear the appeal shall be deemed the final local action. SECTION 1000.13 NOTICE OF FINAL LOCAL ACTION. Within five (5) working days of a final local action on an application for any coastal development, the Director shall provide notice of his or her action by first class mail to the Commission and to any persons who specifically requested notice of such final action by submitting a self-addressed, stamped envelope to the City) County (or where required who paid a reasonable fee to receive such notice). The twenty (20) working day appeal period in Section 1000.16 shall not begin until an effective notice of final local action has been received by the executive director. Such notice shall include any conditions of approval and written findings and the procedures for appeal of the local action to the Commission. SECTION 1000.14 FAILURE TO TAKE ACTION. If City]County has failed to act on an application within the time limits set forth in Government Code Section 65950-65957.1 thereby approving the development by operation of law or failed to hold a hearing within 49 days of the filing of the application as required by PRC Section 30621, the person claiming a right to proceed pur- suant to Government Code Section 65950-65957.1 or PRC Section 30621 shall notify, in writing, the Director 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. SECTION 1000.15 NOTICE OF FAILURE TO TAKE ACTION. When the Director determines that the time limits established pursuant to Government Code Section 65950-65950.1 or PRC Section 30621 have expired, he shall, within seven (1) calendar days of such deter- mination, notify any person entitled to receive notice and the Commission. The appeal period for projects approved by operation of law -shall begin to run only upon the receipt of the notice in the Commission Office. SECTION 1000.16 EFFECTIVE DATE OF COASTAL PERMIT. A final de- cision on an application for a coastal development permit shall become effective after the twenty (20) working day appeal period to the Commission has expired unless any of the following occur: (a) an appeal is filed; (b) the notice of final local action does not meet the require- ments of these standards. SECTION 1000.17 EXEMPTION FROM LOCAL APPEAL PROCEDURES. (a) An appellant shall be deemed to have exhausted local appeals where the appellant has pursued his or her appeal to the City Council/Board of Supervisors, except that exhaustion of all local appeals shall not be required if any of the following occur: u 9- 1. Where the executive director has determined that an appellant was denied the right of local appeal because local notice and hearing procedures for the development did not comply with the provisions of these procedures; 2. An appeal fee for the filing or processing of appeals is charged. 3. Where the project is appealed by two (2) members of the Commission or the executive director of the Commis- sion. 4. Where the Planning Commission or City Council or Board of Supervisors refuses to hear the appeal. SECTION 1000.18 REVIEW OF RECORDED DOCUMENTS. All coastal devel- opment permits subject to conditions that require the recordation of deed restrictions, offers to dedicate or agreements imposing restrictions on real property shall be subject to the following procedures: (a) The executive director of the Commission shall review and approve all legal documents specified in the conditions of aproval of a coastal development permit that are necessary to find the development consistent with the land use plan. (b) Upon completion of permit review by the Director of Planning and prior to the issuance of the permit, the City/County shall forward a copy of the permit conditons and findings of approval and copies of the legal documents to the execu- tive director of the Commission for review and approval of the legal adequacy and consistency with the requirements of potential accepting agencies; (c) The executive director of the Commission shall have fifteen (15) working days from receipt of the documents in which to complete the review and notify the applicant of recommended revisions if any; (d) The local government may issue the permit upon expiration of the fifteen (15) working day period if notification of inadequacy has not been received by the local government within that time period; (e) If the executive director has recommended revisions to the applicant, the permit shall not be issued until the deficien- cies have been resolved to the satisfaction of the execu- tive director. opment on .. A Coastal Devel- ation date • -10- 0 applicable to any other permit or approval required for the pro- ject, including any extension granted for other permits or ap- provals. Should the project require no County permits or approvals other than a Coastal Development Permit, the Coastal Development Permit shall expire one year from its date of ap- proval if the project has not been commenced during that time. .20 issued by the City/County shall be filed with the Director. (a) An application for an amendment shall be rejected if, in the opinion of the Director, the proposed amendment would lessen or avoid the intended effect of a partially approved or conditioned permit unless the applicant presents newly discovered material information, which he could not, with reasonable diligence, have discovered and produced before the permit was granted. (b) The Director or City Council/Board of Supervisors on appeal shall, consistent with the provisions of these minimum standards, determine whether the proposed development with the proposed amendment is consistent with the requirements of the certified land use plan. SECTION 1000.21 APPLICATIONS FOR ADMINISTRATIVE PERMITS. The Director of Planning shall provide the applicant with an applica- tion form that allows the applicant an opportunity to state that in his or her opinion the work applied for falls within the criteria established in Public Resources Code, Section 30624. The permit application shall also contain the information re- quired in Section 1000.5. SECTION 1000.22 REVIEW OF ADMINISTRATIVE PERMIT APPLICATIONS. The Director may process as an administrative permit an applica- tion for work that conforms to the criteria set forth in Public Resources Code, Section 30624, if the proposed work is, in his or her opinion, de minimus with respect to the policies and objec- tives of the local government's certified land use plan. (a) If an application for an administrative permit is filed but the Director finds that the application does not meet the criteria of Public Resources Code, Section 30624, he or she shall notify the applicant that a regular permit application is required pursuant to the provisions of this ordinance. (b) The Director shall not issue an administrative permit for any development that falls within the provisions of Public Resources Code, Sections 30519(b) and 30601 which requires that a coastal development permit application must be reviewed by the California Coastal Commission pursuant to the provisions of Public Resources Code, Section 30600.5 and Section 1000.3(b). (c) Any application for a development deemed a principal per- mitted use within the meaning of PRC Section 30624, may be issued an administrative permit under this ordinance only if the development is specifically categorized as the prin- cipal permitted use in the certified land use plan unless specifically set forth in PRC Section 30624. (d) Copies of Application. An application asserted to be within the criteria established by Public Resources Code, Section 30624 shall be furnished to the Director by the applicant initially in one (1) copy, together with one (a) copy of whatever maps and drawings are reasonably required to describe the proposal. A reasonable number of additional copies may, at the discretion of the Director by required. SECTION 1000.23 NOTICE OF ADMINISTRATIVE PERMITS. At the time the application is submitted for filing, the applicant must post the site at a conspicuous place, easily read by the public, notice that an application for a permit for the proposed development has been submitted to the local government. Such notice shall contain a general description of the nature of the proposed development. The Director shall furnish the applicant with a standardized form to be used for such posting. If the applicant fails to so post the completed notice form and sign the declaration of posting, the Director shall refuse to file the application, or shall with- draw the application from filing if it has already been filed, when he or she learns of such failure. The applicant shall provide any additional notice to the public that the Director deems necessary and the Director shall also notify any persons known to be interested in the proposed devel- opment. SECTION 1000.24 CRITERIA AND CONTENT OF ADMINISTRATIVE PERMITS. The Director may approve, or modify an application for improve- ments or other development governed by this subsection on the same grounds that the City]County may approve an ordinary appli- cation and may include reasonable terms and conditions required for the development to conform with the policies of the certified land use plan. Permits issued for such developments shall be governed by the standards used in approving coastal development permits pursuant to Public Resources Code, Section 30600.5 and this ordinance. SECTION 1000.25 EFFECTIVE DATE OF ADMINISTRATIVE PERMIT. A permit issued pursuant to Public Resources Code, Section 30624 CJ -12- • and this article shall contain a statement that it will not be- come effective until the Planning Commission has had an oppor- tunity to review the matter at its first scheduled meeting that permit has been issued by the Director. SEU'rlUN IUUU.l6 REFUSAL TO GRANT AN ADMINISTRATIVE PERMIT. If the Director determines not to grant an administrative permit based on a properly filed application under this ordinance he or she shall promptly mail written notice to this effect to the applicant with an explanation of the reasons for this determina- tion. The applicant may then proceed to file an application for a regular coastal development permit pursuant to this ordinance. SECTION 1000.27 REPORTS ON ADMINISTRATIVE PERMITS. The designated local offical shall report in writing to the Planning Commission at each meeting the permits that are approved under this article up until the time the mailing for the meeting, with sufficient description of the work authorized. Copies of this report shall be available at the meeting and shall have been mailed to the Planning Commission and to all those persons who have in writing stated they wish to receive such notification at the time of the regular mailing for the meeting. Any such permits approved follow- ing the deadline for the mailing shall be included in the report for the next succeeding meeting. if one-third of the membership of the Planning Commission so request, the issuance of an admin- istrative permit governed by Public Resource Code,.Section 30624 shall not become effective, but shall, if the applicant wishes to pursue the application, be treated as a permit application governed by Public Resources Code,Section 30600.5. SECTION 1000.28 APPEAL OF ADMINISTRATIVE PERMIT. (a) Any person, the executive director of the California Coastal Commission, or any two members of the California Coastal Commission may appeal the decision to approve or deny an administrative permit to the Commission. An admin- istrative permit may not be issued until the expiration of the twenty (20) day appeal period. The twenty (20) working day period for appeal shall run from date of the receipt of a notice of final local action that contains sufficient information upon which to base an informed appeal. (b) Processing of an appeal shall be governed by the provisions of Public Resources Code Section 30600.5 and Sections 13121- 13134 of the Coastal Commission regulations. SECTION 1000.29 AMENDMENTS TO ADMINISTRATIVE PERMITS. (a) Amendments to Administrative Permits may be approved by the Director upon the same criteria and subject to the same reporting requirements and procedures, including public • -13- • notice and appeals, as provided for in this ordinance in the original issuance of such administrative permits. (b) If any amendment would, in the opinion of the Director, increase the cost of the proposed development to an amount that exceeds that specified in PRC Section 30624, the appli- cant shall thereafter be treated in the manner prescribed by this ordinance dealing with amendments to permits other than administrative permits. SECTION 1000.30 EMERGENCY PERMITS. (a) Definition of Emergency. "Emergency", means: a sudden, un- expected occurrence demanding immediate action to prevent or mitigate loss or damage to life, health, property, or essen- tial public services. SECTION 1000.31 APPLICATIONS FOR EMERGENCY PERMITS. (a) Applications in case of emergency shall be made by letter to the Director of Planning or in person or by telephone, if time does not allow. (b) The following information shall be included in the request: 1. nature of the emergency; 2. cause of the emergency, insofar as this can be estab- lished; 3. location of the emergency; 4. the remedial, protective, or preventive work required to deal with the emergency; and 5. the circumstances during the emergency that appeared to justify the cause(s) of action taken, including the prob- able consequences of failing to take action. SECTION 1000.32 VERIFICATION OF EMERGENCY. The Director shall verify the facts, including the existence and the nature of the emergency, insofar as time allows. SECTION 1000.33 CRITERIA FOR GRANTING PERMIT. fa) The -Director shall provide public notice of the emergency work, with the extent and type of notice determined on the basis of the nature of emergency. (b) The Director may grant an emergency permit upon reasonable terms and conditions, including an expiration date and the necessity for a regular permit application later, if the Director finds that: -14- u • 1. An emergency exists that requires action more quickly than permitted by the procedures for administrative permits or for regular permits and the work can and will be completed within 30 days unless otherwise specified by the terms of the permit. 2. Public comment on the proposed emergency action has been reviewed, if time allows; and 3. The work proposed would be consistent with the require- ments of the certified land use plan. (c) The Director shall not issue an amergency permit for any work that falls within the provisions of Public Resources Code, Sections 30159(b) and 30601 since a coastal develop- ment permit application must be reviewed by the California Coastal Commission pursuant to the provisions of Public Resources Code, Section 30600.5. (a) The Director shall report, in writing, to the Coastal Com- mission and to the Planning Commission, at its first scheduled meeting after the emergency permit has been issued, the nature of the emergency and the work involved. Copies of this report shall be available at the meeting and shall be mailed to all persons who have requested such notifica- tion in writing. (b) The report of the Director shall be informational only; the decision to issue an emergency permit is solely at the dis- cretion of the Director subject to the provisions of this ordinance. SECTION 1O00.35 ADOPTION OF ORDINANCE. This ordinance is hereby declared to be adopted pursuant to Section 30600.5 of the Public Resources Code of the State of California and is necessary for and is required to protect the public safety, health and welfare of the citizens of for the reasons stated above. SECTION 1000.36 SEVERABILITY. If any section, subsection, sub- division, paragraph, sentence, clause or phrase of this ordinance or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining por- tions of this ordinance or any part thereof. The City Council/ Board of Supervisors hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sen- tences, clauses or phrases be declared unconstitutional. -15- SECTION 1000.37 EFFECTIVE DATE OF ORDINANCE. This ordinance shall take effect and be in force immediately upon its passage and adoption, and shall be of no further force and effect at such time as the local coastal program for the City/County of is certified by the California Coastal Commission. PASSED AND ADOPTED by the City Council/Board of Supervisors of at a regular meeting thereof held on the day of , by the following vote: AYES: NOES: ABSENT: Mayor of the City of -or- Chairman of the Board of Supervisors for the County of ATTEST: City/County Clerk of I HEREBY CERTIFY that the foregoing ordinance was duly and regularly passed and adopted by the City Council/Board of Supervisors of the , State of California at a regular meeting of said Council Board held on the day of Clerk of • CITY OF NSWPORP BEACH May 20, 1982 TO: James D. Hewicker, Planning Director FROM: Robert P. Lenard, Advance Planning Administrator SUSTE(.T: Local Coastal Program As you are aware the Coastal Commission took final action on .the certification of the City's Local Coastal Program Land Use Plan yesterday (May 19, 1982). The next step in the process will be for the City to take over permit issuance consistent with the provisions of Hannigan (approximately 120 days) and simultaneously prepare the Phase III Work Program and start on the Zoning and Implementing ordinances. In the Coastal Commission's discussion of the Chart House Restaurant, which was approved (6 ayes, 5 noes), it appears that the Coastal Commission staff and Commissioners and the City are all somewhat in disagreement about the diking, dredging, and filling policies contained in the LUP, and how they effect developrent in areas landward of the U.S. Bulkhead Line. Even though the Commission approved this application, I think that future developments proposed to be constructed out to the U.S. Bulkhead Line will run into serious problems with the Coastal Commission. Since this issue was discussed by many of the Waterfront Property amers in attendance at the many discussions held by the City on the Coastal Plan and specifically during the City Council hearings, it is my opinion that the City should immediately institute an amendment to the Land Use Plan which would clarify this issue. It was also apparent during the discussions on the Chart House proposal that there is disagreement within the Department of Fish and Game on development of the areas in' question. Whereas it appears that Ron Hein and Carl Wilcox generally support the City's long standing policy of allowing development to the U.S. Bulkhead Line on pilings, the Fish and Game representative who attends and participates in the Coastal Commission's meeting process views this type of development as being seriously damaging to the marine environment. The Coastal Commission's conditions on the Chart House application include 4 to 1 wetlands restoration to be completed in Upper Newport Bay for the entire water area shadowed by the new restaurant use. Additionally, on the City's application to construct a Bulkhead to replace a failing street -end, the Commission required a 4 to 1 restoration for solid fill. I think it is only a matter of titre until Fish and Game and the Coastal Commission will attempt to make it similarly difficult to construct both slips and pilings in the Lower Bay. With your concurrence, I would like to schedule a meeting with all of the involved representatives of the Department of Fish and Game to discuss the issues and concerns in order to have the benefit of this information for proposed amendments to the LUP. The representatives from Fish and Game that I would suggest inviting are: 1) Fred Worthley, Regional Manager 2) Carl Wilcox, Wildlife Biologist 3) Ron Hein, Associate Wildlife Manager/Biologist 4) Dick Nitsoss; Associate Marine Biologist 5) Frank Gray, Fishery Biologist 6) Jack Fancher, Biologist (U.S. Fish and Wildlife) BL:nma .16• CITY OF NEWPORT BEACH . G �h11� ��'G NW1�1�114 May 17, 1982 TO:- Planning Staff FROM: Bob Lenard, Advance Planning Administrator SUBJECT: Local Coastal Program Status Report The City's Local Coastal Program Land Use Plan which was conditionally certified by the Coastal Commission on November 20, 1981 should be finally approved by the Coastal Commission at the May 19, 1982 meting. The approval is for the Land Use Plan only and does not include the zoning and implementing ordinances that will subsequently be submitted. As a result of AB385 (Hannigan) the City will be able to issue Coastal permits prior to the adoption of the zoning and implementing ordinances. The procedure for City assumption of Coastal permit authority is outlined in the attached meim from Pat Temple, and should be implemented within 120 days from the effective date of certification (May 19, 1982). The areas that would normally be "appealable" to the Coastal Commission after certification of the City's Local Coastal Program, including zoning and implementing ordinances, would be retained as areas of original jurisdiction by the Coastal Commission under these interim procedures for Coastal permits called for by Hannigan (AB385) . The attached map illustrates the areas in which the City will be able to issue its own Coastal permits after approximately 120 days. During this 120 day period there will be no changes in Coastal permit procedures. The provisions of the categorical exclusion are still in effect, and Approval In Concept permits will be required for the areas not subject to the exclusion. BL:nma Attachments May 10, 1962 TO: FROM: SUBJECT: . CITY OF NEWPORT BEACH • PLANNING DEPAMMENNT Bob Lenard, Advance Planning Administrator Pat Temple, Senior Planner :al Permit Autl r Pursuant to AB AB 385 (Hannigan) provides for the assumption of coastal permit issuance authority by local governments subsequent to the certification of the LCP Land Use Plan. This authority shall be transmitted to the local government within 120 days from the effective date of certification. Within 60 days prior to the local government assumption of coastal permit issuance authority, the local government shall provide drafts of all procedures for the issuance of said permits to the executive director and delegation of .permit authority shall not occur until copies of the adopted procedures are provided to the executive director. There is no requirement in the law for the Coastal Commission to review or approve the City's interim procedures. The tine limits set forth by AB 385 can be extended, by right, for not more than 90 days if the local government, by resolution of the governing body, so requests. The local government shall notice and hold a public hearing to adopt an interim ordinance governing the review of coastal permit applications and prohibiting uses which may be in conflict with contemplated ordinances which are being drafted to carry out the policies of the certified land use plan. Notwithstanding Section 65858 of the Gov't Code, the adoption of said ordinances shall not require a four -fifths vote of the governing body and shall not be required to be extended after 90 days. There is no requireirent in the law that the interim procedures be reviewed by the Planning Commission. Since the adoption of the interim procedures only establish administration procedures, and do not involve any matters of planning policy, it is recommended that the City's procedures be reviewed only by the City Council. PT:nma LCP LAND USE PLAN PERMIT AREAS 0 r j.'':t 1:!'y5:'�I.1C':-. ��; ��`.!:ie;:;. 7G;P.fj 7L7l7, +�,��J, ,�• ;:n.-s C •� r•, i+" F+i:'e •.�a1. 1717Or r;3.s 99,,pX�• r tti',('-..t • 6 •'� iHe'�ii�,lsH#tdn..v�••,. •,. 'r ,,`\'•,. n,..n _ ,��" Jp7•�`.�aR'�i. .l v. 1 G --�--.�a� .\ a C,ti `•{#1:,jrlil } 'ti±.`s�.;,lC' �v....-..-. 'i�/,•E�I:�`iF> i r�w �. ,.al. 317r ryy�n'n -s:: k-� iff � • �.."� �o.Z_�`:. r CITY OF NEWPORT BEACH •., O- C 6 A •\' axax¢ cwxn, uurawu — _ ' s r LEGEND CITY PERMIT AREAS AFTER CERTIFICATION OF THE LAND USE PLAN COASTAL COMMISSION PERMIT AREAS AFTER CERTIFICATION OF THE LAND USE ON COASTAL ZONE BOUNDARY •a 10 0 0 April 22, 1982 CITY OF NEWPORT BEACH TO: James D. Hewicker, Planning Director FROM: Robert P. Lenard, Advance Planning Administrator SUBJECT: Coastal Commission final action on LCP Land Use Plan In talking to Dave Loomis at the regional office it appears that the Coastal Commission Executive Director will not be able to issue an administrative "sign -off" on the City's LUP. This is because of the removal of housing policies from the plan. Mr. Loomis acknowledged that prior to submission of the plan the Coastal Commission staff had indicated that the housing policies contained therein could be removed through the administrative process rather than through a public hearing by the Commission. Nevertheless, the Coastal Cammmission legal staff is now indicating that they would prefer to process final certification of the City's LUP as a "minor amendment" requiring action by the Coastal Commission at a public hearing. As you are aware the City is currently involved in some major disagreement over interpretation of the City's LUP relative to the type of activities permitted in the areas bayward of the existing lower bay beaches and bulkheads, but landward of the U.S. Bulkhead Line. Specifically, the Commission staff is recommending denial of the proposed Chart House Restaurant on the Boatswain's Locker property, and the City's project to construct a street end bulkhead on 25th Street. The Coastal Commission's long established procedure of allowing construction on pilings, landward of the U.S. Bulkhead Line is being reversed. The Coastal Commission staff is using and -interpreting our LCP Land Use Plan as one of the means to prohibit this type of development, through what I feel is not an accurate interpretation of the policies in the plan. The net effect is that all future development on properties in Lower Newport Bay would be held to the existing land and bulkheaded areas with no additional construction bayward. Since this issue is one that which was discussed in detail at the City Council level with substantial public input from many of the Waterfront property owners in the City, this change in interpretation by the Coastal Commission staff represents a major change in the LUP. In as much as the Coastal Commission will not process our LUP administratively, I think we should discuss the possibility of developing, clarifying language on this issue for inclusion in the plan, hold a public hearing at the City Council to approve the change, and process the plan with the Coastal Commission including both the deletion of the housing policies and a clarification on the issue of permitted uses landward of the U.S. Bulkhead Line. This would probably require processing as a regular amendment to the LUP, rather than as a "minor amendment" as currently proposed by the Coastal Commission staff. MIRMPAMM i ill"J&I M RPL:nma CALIFORNIA COASTAL COMMISSION 631 Howard Street, San Francisco 94105 — (415) 543-8555 oe January 23, 1982 (revised) CON>riISSIONERS AND INTERESTED PERSONS s M: TIWTHY EICBENBERG, STAFF COUNSEL; ROY GORMAN, CHIEF COUNSEL SUBJECT: PROPOSED ADOPTION OF ND MUM STANDARDS GOVERNING LOCAL GOVERNMENT ASSUMPTION OF PERMLT AUTHORITY PURSUANT TO AB 385 (Hannigan) Minimum Standards for Public Notice Hearing and Appeal Procedures. These standards are required by AB 385 to govern local government review of coastal permits utere they assume permit authority prior to certification of their LCP pursuant to Hannigan (PRC Section 30600.5(e)). The bill requires that they follow the LCP regulations for appealable developments (Article 16, 00175-00188.5) "as nearly as practical" and therefore the standards have been modeled after these provisions. These standards are not proposed regulations but are merely standards required by AB 385, to govern the adoption of interim ordinances by local governments. These interim ordinances must establish procedures to review coastal development permits and must be adopted by local governments prior to the assumption of permit authority under AB 385. Staff Recommendation The Commission has held two public hearings on these proposed minimum staud<.e- s: �-,teary 6, 1982 and Jaaaaay 22, 1982. As a result of thew hearings and input received during the review period, revisions to the initial staff recommendation have been made and are noted herein. The staff recommends that the Commission continue the public hearing on February 52 1982, at the Amfac Hotel, 1380 Old Bayshore Blvd., Burlingame, CA, and at the conclusion of the hearing adopt the standards as revised. Additional Staff Note During the January 22, 1982, hearing a Commissioner requested that Section VI(D)(2) on page 7 be explained prior to the next meeting. This Section provides that where a project is appealed by two (2) Commissioners or the executive director, local appeals do not need to be exhausted as provided in Section VI(D)(1). It should be pointed out that Section VI(D)(2) also provides that a local government may provide by ordinance for a pro- cedure that suspends such appeals until the matter is decided by the local appellate body. In such cases therefore a local government may choose to alter the procedure waving the exhaustion requirement for commission and executive director appeals. This procedure was adopted in the LCP regulations in concurrence with the League of Cities. AB 385 requires that, "as near as practical, "the provisions in the LCP regulations be incorporated into these minimum standards (PRC Section 30600.5(e)). Therefore the Section was included in response to this legislative mandate. HANNIGAN BILL # 2 The rationale for the provision comes from the statutory language that allows "any action" taken by a local government under AB 385 to be appealed, "by the executive director..., any person...or any two members of the Commission." (PRC Section 30602). This creates a statutory distinction between commissioners and the executive director and other persons who appeal. The distinction exists to facilitate, expedite and provide con- sistency with the application of land use plans in the coastal zone. Requiring exhaustion of all local appeals by commissioners and the executive director places undue administrative burden on such appeals given the amount of hearings and number of actions that are subject to their review. This in turn discourages appeals from such persons contrary to legislative intent and the procedures carefully worked out in the LCP regulations referenced in AB 385. in any case, the procedures as currently written Limit commissioner and executive director appeals by requiring exhaustion where so provided by local ordinance. This allows concerned local governments the option of requiring or waiving the exhaustion procedure as they see fit. MINIMUM STANDARDS FOR PUBLIC NOTICE HEARING AND _APPEAL =PROCEDURES Section I. Scope These provisions, adopted pursuant to Public Resources Code Section 30600.5(e), shall constitute minimum standards for public notice, hearing and appeal procedures to govern local government review of coastal development projects where the coastal development permit authority has been delegated to a local government prior to certification of their local coastal program pursuant to PRC Section 30600.5(a). Section II. Standard of Review (Attached) Section III. Review of Local Procedures Existing local government notice, hearing and appeal procedures or procedures drafted by local governments to implement their program to issue coastal development permits shall be reviewed by the execu- tive director of the California Coastal Commission (hereafter commission) as part of the local government's interim procedures prior to the adoption of coastal permit review authority pursuant to PRC Section 30600.5. Local government procedures shall be submitted to the executive director sixty (60) days prior to the assumption of permit authority for review of compliance with these minimum standards. The executive director shall respond within thirty (30) days of receipt. Upon the determination that the procedures comply with these minimum standards, the exectuive director shall notify the local government. The local government may then assume permit authority after it adopts the procedures and provides copies of the adopted procedures to the executive director. If the executive director determines that the procedures do not comply, he shall notify the local government and recommend modifica- tions that, if adopted, would bring the procedures into conformance with these minimum standards. If the local government adopts these recommendations it may assume permit authority as provided above. If the local government does not adopt the recommendations it may submit revisions and a statement demonstrating how the revisions bring the procedures into conformance with these minimum standards. The local government must provide copies of all adopted procedures to the executive director before assuming permit authority a�i*d--aa.1-.a410- te.& Iri•oe�d+r�aa-a4uct--taaospapa#a-thr�sa-m4a4mum--stalards Amendments to these minimum standards shall be submitted sixty (60) days prior to their effective date for review by the executive director. Section II. Standard of Review Section IV.-. Developments _Exemgt_From_These_Minimum _Standards A. Categorically Excluded Developments. A permit issued by a local government for a development which is categorically excluded from the coastal development permit requirements pursuant to Public Resources Code Section 30610(e), shall be exempt from the requirements of these minimum standards. The local government shall maintain a record for all permits issued for categorically excluded developments which shall be made available to the commission or any interested person upon record may be in the form of any record of permits issued currently maintained by the local government, provided that such record includes the applicant's name, an indication that the project is located in the coastal zonelthe location of the project, and a brief description of the project. B. Developments Subject to —Original Permit Jurisdiction_ of the Commission The following developments are within the original permit jurisdiction of the commission and do not require local government coastal development permits pursuant to PRC Section 30600.5(b). Consequently, they are exempt from the requirements of these minimum standards: (1) Developments 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 of the sea where there is no beach, whichever is the greater distance. (2) Developments located on tidelands, submerged lands, public trust lands, within 100 feet of any wetland , estuary, stream, or within 300 feet of the top of the seaward face of any coastal bluff. (3) Any development which constitutes a major public works project or a major energy facility. (4) Any development proposed or undertaken within ports covered by Chapter 8 (commencing with PRC Section 30700) or within anv state university or college within the coastal zone. (5) Any development proposed by any state agency. Applications for these developments must be made directly with the commission. 2. E Section V. A eePE_—P l of Coastal Development Permits to the Commission. ------^---_ .-_w-- A. Definition. Any final action taken by a local government on a coastal development permit application may be appealed to the commission by the executive director of the commission, any person including the applicant or any 2 members of the commission pursuant PRC Section 30602. An action shall be deemed final if it meets the criteria of SectionVI.A. below. Exhaustion of local appeals, as provided in SectionVI.D. below, must occur before an application may be appealed to the commission. H. Notice. Within ten (10) calendar days of accepting an application for coastal development permit (or local government equivalent) or at least seven (7) calendar days prior to the first public hearing on development proposal, the local government shall post the site and provide notice by first class mail of the pending application for coastal development permit. This notice shall be provided to each applicant, to all persons who have requested to be on the mailing for that development project or for coastal decisions within the 14 jurisdiction, to all property owners and residents within 100 feet the perimeter of the parcel on which the development is proposed, to the commission. t The notice shall contain the following information: f (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 the proposed development and its location; (S) the date, time and place at which the application will be heard by the local governing body or hearing officer; (6) a brief description of the general procedure of local government concerning the conduct of hearing and local actions; (7) the system for local and Coastal Commission appeals, including any local fees required. 3. C. Public Hearing. At least one public hearing shall be held on each application for a coastal development, except administrative permit applications issued by a designated local government official pursuant to Sections 13154-13154.13 and PRC Section 30624. This shall afford persons the opportunity to appear at the hearing and inform the local government of the nature of their concerns regarding the project. Such hearing shall occur no earlier than seven (7) calendar days following the mailing of the notice required in subsection B above. The public hearing may be conducted in accordance 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. D. Notice of Local Government Action Where Hearing_ Continued_ If a decision on a development permit is continued by the local government to a time which is neither (1) previously stated in the notice provided puruant to subsection B, nor (2) announced at the hearing as being continued to a time certain, the local government shall provide notice of the further hearings (or action on the proposed development) in the same manner, and within the same time limits as established in B above. E. Determination of Applicable Notice and Hearing Procedures_ The determination of whether a development is categorically excluded or within the commission's original permit jurisdiction pursuant to Section III B above for purposes of these minimum standards for notice, hearing and appeals procedures shall be made by the local government at the time the application for development within the coastal zone is submitted. This'determination shall be made with reference to the certified land use plan, including any maps, categorical exclusions, land use designations, and the original permit and appeals jurisdiction map adopted by the Commission . Where an applicant, interested person, or a local government has a question as to the appropriate designation for the development, the following procedures shall establish whether a development is categorically excluded or is within the commission's original permit jurisdiction: (1) The local government shall make its determination as to what type of development is being proposed (i.e., categori- cally excluded or within the commission's original jurisdiction) 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 local government procedures. (2) If the determination of the local government is challenged by any person, or if the local government wishes to have a commission determination as to the appropriate designation, the local government shall notify the commission by telephone of the dispute/question and shall request an executive director's opinion; 4. (3) The executive director shall, within two (2) working days of the local government request, (or within two (2) working days of receipt of factual materials and/or site inspection necessary for such a determination), transmit its determination as to whether the development is categorically excluded or within the commission's original permit jurisdiction; (L4) Where, after the executive director"s investigation, the executive director's determination is not in accordance with the local government 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 available commission meeting (in the appropriate geographic region of the State) following the local government request. Section VI, Final Local Government Action A. Finalitv. A local action on an application for a coastal development shall be deemed final when all local rights of appeal have been exhausted as defined in subsection D below. The local decision on the application shall contain all required findings including specific factual findings supporting the legal conclusions that the proposed development is or is not in conformity with the certified land use plan. aac..and-,roara}t:an- -pai3afee--cri�-6i�,ni►tiai 3•-•#--h3►a-iiasat.a-1.-Aa�s-. B. Notice (1) Notice After Final Local Action. Within five (5) working days of a final local action on an application for any coastal development, the local government shall provide notice of its action by first class mail to the commission and to any persons who specifically requested notice of such final action by submitting a self-addressed, stamped envelope to the local government, (or where required who paid a reasonable fee to receive such notice.) The twenty (20) working day appeal period in subsection C below, shall not begin until an effective notice of final local action has been received by the executive director. Such notice shall include conditions of approval and written findings and the procedures for appeal of the local action to the coastal commission. (2) Failure to Act - Notice (a) Notification of Applicant: If a local government has failed to act on an application within the time limits set forth in Government Code Section 65950-65957.1Ior failed to slat a hearing hold thereby approving the development by operation of law 5. within 49 days of the filing of the application as required by PRC Section 30621, t�saschy.ap}�rasxing-tka-daxal�spmanb-b}.opnsatioa.-a£-3.awr the person claiming a right to proceed pursuant to Government Code Section 65950-65957.1 or PRC Section 30621 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. (b) Notification by_Local Government: When a local government determines that the time limits established pursuant to Government Code Section 65950-65950.1 or PRC Section 30621 have expired, the local government shall, within seven (7) calendar days of such determina- tion, notify any person entitled to receive notice and the commission. The appeal period for projects approved by operation of law shall begin to run only upon the receipt of the local government notice in the commission office. (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.) C. Local Government Action _-_Effective Date_ A final decision of a local government on an application for a coastal development permit shall become effective after the twenty (20) working day appeal period to the commission has expired unless any of the following occur: (1) an appeal is filed, (2) the notice of final local government action does not meet the requirements of these standards D. Exhaustion of Local Appeals (1) An appellant shall be deemed to have exhausted local appeals where the appellant has pursued his or her appeal to the local appellate body (bodies) as required by the local government appeal procedures; except that exhaustion of all local appeals shall not be required if any of the following occur: (a) The local government requires an appellant to appeal to more local appellate bodies than have been designated as appellate bodies for permits in the coastal zone, in their implementing procedures (b) An appellant was denied the right of the initial local appeal by a local ordinance which restricts the class of persons who may appeal a local decision; (c) Where the executive director has determined that an appellant was denied the right of local appeal because local notice and hearing procedures for the development did not comply with the provisions of these procedures; (d) The local government charges an appeal fee for the filing or processing of appeals. 6. (2) Where a project is appealed by two (2) members of the commission or the executive director, there shall be no requirement of exhaustion of local appeals. Provided, however, that a local government may provide, by ordinance, that notice of commissioner appeals may be transmitted to the local appellate body (which considers appeals from the local body that rendered the final decision,) and the appeal to the commission may be suspended pending a decision on the merits by that local appellate body. If the decision of the local appellate body modifies or reverses the previous decision, the commissioners shall be required to file a new appeal from that decision. Section VI I. Mechanism for Review of Recorded Documents. All coastal development permits subject to conditions that require the recordation of deed restrictions, offers to dedicate or agreements imposing restrictions on real property shall be subject to the following procedures: A. Executive Director Review and Approval (1) The executive director of the commission shall review and approve all legal documents specified in the conditions of approval of a coastal development permit that are necessary to find the development consistent with the land use plan portion of the local government local coastal program. (a) Upon completion of permit review by the local government and prior to the issuance of the permit, the local government shall forward a copy of the permit conditions and findings of approval and copies of the legal documents to the executive director of the commission for review and approval of the legal adequacy and consistency with the requirements of potential accepting agencies; (b) The executive director of the commission shall have fifteen (15) working days from receipt of the documents in which to complete the review and notify the applicant of recommended revisions if any; (c) The local government may issue the permit upon expiration of the fifteen (15) working day period if notification of inadequacy has not been received by the local government within that time period; (d) If the executive director has recommended revisions to the applicant, the permit shall not be issued until the deficiencies have been resolved to the satisfaction of the executive director, e3p 7. B• Local Government_ Review. If a local government requests, the commission shall delegate the authority to process the recordation of the necessary legal documents to the local government that meets the requirements of this subsection. The local government must demonstrate the willingness and ability to the executive director to accept, open, operate and maintain the easements and grants and implement the agreements imposing restriction on real property required as a condition of approval of coastal development permits. Upon completion of the recordation of the documents the local government shall forward a copy of the permit conditions and findings of approval and copies of the legal documents to the executive director of the commission. Section VIII. Amendments to Permits Other than Administrative Permits. A. Application for amendments to coastal development permits issued by local governments shall be filed with the local governmen-r (1) An application for an amendment shall be rejected if, in the opinion of an appropriate local official designated by resolution of the local government, the proposed amendment would lessen or avoid the intended effect of a partially approved or conditioned permit unless the applicant presents newly discovered material information, which he could not, with reasonable diligcncc, have discovered and produced before the permit was granted. (2) The local government shall1determine by a majority vote of the membership present whether the proposed development with the proposed amendment is consistent with the requirements of the certified land use plan. The decision shall be accompanied by findings in accordance with Section 13096. consistent with the provisions of these minimum standards, 8. Assembly Bill No. 385 r 6, FEB5 1c 82 l; 8 CIiYG= NEWPOET 6E iCH, CALIF. Passed the Assembly September 15, 1981 L Q en I Chief Clerk of the Assembly I Secretary,of the Senate This bill was received by the Governor this day of , 1981, at o'clock _m. Private Secretary of the Covvernor ' io HANNIGAN BILL # 1 I � ' AB 385 —2— I _3— • AB 385 CHAPTER An act to amend Sections 30300, 30333, 30335, 30500, 30501, 30511, 30312, 30513, 30520, 30600, 30601, 30602, 30612, 30620.5, 30624, and 30802 of, to add Sections 30108.1. 30305, 30512.1. 30512.2, 30517.5, 30517.6, and 30600.5 to, and to repeal Sections 30302, 30303, 30305, 30311, 30333.5. 30518, and 30807 of, the Public Resources Code, relating to the California coastal zone. LEGISLATIVE COUNSEL'S DIGEST AB 385, Hannigan. California Coastal Commission: regional commissions: local coastal programs: coastal development permits. The California Coastal Act of 1976 provides for the establishment of the California Coastal Commission and 6 regional coastal commissions, with prescribed memberships, to administer its provisions, which provide for the planning and regulation of development within the coastal zone, as defined, based on various coastal resources planning and management policies set forth in the act. It provides for the termination of the regional commissions under designated conditions, but not later than June 30, 19S1. The act requires each local government lying within the coastal zone to prepare a local coastal program, in compliance with these policies, for that portion of the coastal zone within its jurisdiction, •and provides for the approval and certification of any program by the regional commissions and the commission, respectively. It requires any person wlio is to perform or undertake any development, as defined, to. obtain a coastal development permit authorizing the development which must be in conformity with these coastal resources planning and management policies. The j act provides for judicial review and enforcement of the act. This bill would revise and restate, with various i substantive changes, the provisions of the act, including, generally, the following: I(1) Delete the provisions dealing with the regional t 4o M coastal commissions and their powers and responsibilities. (2) Provide for the transfer of obligations, powers, duties, responsibilities, benefits, or legal interests of regional commissions to the commission. (3) \codify the prescribed procedures for the preparation, submission, and certification of local coastal .programs, and the provisions dealing with local zoning ordinances, zoning district maps, and other implementing actions. (4) Require the commission to establish, as prescribed, a schedule for the submission of local land use plans and provide for the certification of these plans within the prescribed time schedule and in accordance with designated procedures. (5) Prescribe designated actions which the commission may take if aJocal government fails to meet the prescribed time schedule in connection with the submission of its land use plan. (6) Revise the provisions delegating the coastal development permit authority to local governments for proposed developments within the coastal zone. (7) Modify the appeal procedure to the commission under the act. (8) Revise the provisions exempting various prescribed developments from the coastal development permit requirements of the act. (9) Revise the judicial review and enforcement procedure under the act. (10) Make various conforming changes in, and delete certain obsolete provisions of, the act. (11) Nfake various designated provisions of the bill inoperative on the date, if any, of a final judicial decision that they are inconsistent with the requirements of the Federal Coastal Zone Management Act of 1972, The people of the State of California do enact as follows. SECTION 1. Section 30108.1 is added to the Public Resources Code, to read: .30108.1. "Federal - coastal act" means the Federal AB 385 — 4 — — 5 — AB 385 Coastal Zone Management Act of 1972 (16 U.S.C. 1451, et seq.), as amended. SEC. 1.5. Section 30300 of the Public Resources Code is amended to read: 30300. There is' in the Resources Agency the California Coastal Commission. SEC. 2. Section 30302 of the Public Resources Code is repealed. SEC. 3. Section 30303 of the Public Resources Code is repealed. SEC. 4. Section 30305 of the Public Resources Code is repealed. SEC. 5. Section 30305 is added to the Public Resources ode, to read: 30305. Except as otherwise provided in this division, the commission shall succeed to any and all obligations, powers, duties, responsibilities, benefits, or legal interests of regional coastal commissions which existed prior to July 1, 1981. SEC. 6. Section 30311 of the Public Resources Code is repealed. SEC. 7. Section 30333 of the Public Resources Code is amended to read: 30333. Except as provided in Section 18930 of the Health and Safety Code, the commission may adopt rules and regulations to carry out the purposes and provisions of this division, and to govern procedures of the comanissio7_. Except as provided in Section 18930 of the Health and • Safety Co,,'' and paragraph (3) of subdivision (a) of Section 3V.?20, these rules and regulations shall be adopted it . ccordance with -the provisions of Chapter 4.5 (commenc gig with Section 11371) of Part 1 of Division 3 of Title 2 .)f the Government Code. These rules and regulations shall be consistent with this division and other appl. -_ahie law. SE.'. 3. Section 30333.5 of the Public Resources Code is repeuded. SEC. 9. Section 30335 of the Public Resources Code is amended to read: 3033... The commission shall appoint an executive director who shall be exempt from civil service and shall serve at the pleasure of his or her appointing power. The commission shall prescribe the duties and salaries of the executive director, and, consistent with applicable civil service laws, shall appoint and discharge any officer, house staff counsel, or employee of the commission as it deems necessary to carry out the provisions of this division. SEC. 10. Section 30500 of the Public Resources Code is amended to read: 30500. (a) Each local government lying, in whole or in part, within the coastal zone shall prepare a local coastal program for that portion of the coastal zone within its jurisdiction. However, any such local government may request, in writing, the commissions to prepare a local coastal program, or a portion thereof, for the local government. Each local coastal program prepared pursuant to this chapter shall contain a specific public access component to assure that maximum public access to the coast and public recreation Ireas is provided. (b) Amendments to a local general plan for the purpose of developing a certified local coastal program shall not constitute an amendment of a general plan for purposes of Section,65361 of the Government Code. (c) The precise content of each local coastal program shall be determined by the local government, consistent with Section 30501, in full consultation with the commission and with full public participation. SEC. 11. Section 30501 of the Public Resources Code is amended to read: . 30501. The commission shall, within 90 days after January 1, 1977, adopt, after public hearing, procedures for the preparation, submission, approval, appeal, certification, and amendment of any local coastal program, including, but not limited to, the following: (a) A common methodology for the preparation of, and the determination of the scope of, the local coastal -programs, taking into account the fact that local governments have differing needs and characteristics. (b) Recommended uses that are of more than local AB 385 — 6 — 7 — AB 385 F Cl • importance that should be considered in the preparation of local coastal programs. Such uses may be listed generally or the commission may, from time to time, recommend specific uses for consideration by any local government. - SEC. 12. Section 30511 of the Public Resources Code is amended to read: 30511. Local coastal programs shall be submitted in accordance with the schedule established pursuant to Section 30517.5. At the option of the local government, this program may be submitted and processed in any of the following .rays: (a) At one time, in which event the provisions of Section 30512 with respect to time limits, resubmission, approval, and certification shall apply. However, the zoning ordinances, zoning district maps, and, if required, other implementing actions included in the local coastal program shall be approved and certified pursuant to the standards of subdivisions (a) and (f) of Section 30513. (b) In two phases, in which event, the land use plans shall be processed first pursuant to the provisions of Section 30512, and the zoning ordinances, zoning district maps, and, if required, other implementing actions, shall be processed thereafter pursuant to the provisions of Section 30513. (c) In separate geographic units consisting of less than the local government's jurisdiction lying within the coastal zone, each submitted pursuant to sudivision (a) or (b), if , the commission finds that the area or areas propose,; i for separate review can be analyzed for the potentil cumulative impacts of development on coastal resources and access independently of the remainder of the affected jurisdiction. SEC. 13. Section 30512 of the Public Resources Code is amended to read: 30512. (a) The land use plan of a proposed local coastal program shall be submitted to the commission. The commission shall, within 90 days after the submittal; •- after public"hearing, either certify or refuse certification, in whole or in part, the land use plan pursuant to the following procedure: (1) No later than GO days after September 15,1981, or {60 days after a land use plan has been submitted to it, whichever date is later, the commission shall, after public hearing and by majority vole of those present, determine whether the land use plan, or a portion thereof applicable to an identifiable geographic area, raises no substantial .issue as to conformity with'the policies of Chapter 3 (commencing with Section 30200). If the commission determines that no substantial issue is•raised, the land use plan, or portion thereof applicable to an identifiable area, which raises no substantial issue; : shall be deemed certified as submitted. The commission shall adopt findings to support its action. (2) Where the commission determines pursuant to paragraph (1) that one or more portions of a land use plan applicable to one or more identifiable geographic areas raise no substantial issue as to conformity with the policies of Chapter 3 (commencing with Section 30200), the remainder of that land use plan applicable to other identifiable geographic areas shall be deemed to raise one or more substantial issues as to conformity with the policies of Chapter 3 (commencing with Section 30ROO). The commission shall identify each such substantial issue for each such geographic area. (3) The commission shall hold at least one public hearing on the matter or matters which have been identified as substantial issues pursuant to paragraph (2). No later than 90 days after September 15,1981, or 90 days after the submittal of the land use plan, whichever is later, the commission shall either certify or refuse to i certify the land use plan, in whole or in part. If the commission fails to act within the required 90-day period, the land use plan, or portion thereof, shali'be deemed certified by the commission. (b) Where a land use plan is refused certification, in whole or in part, the commission shall provide a written explanation and may suggest modifications, which, if adopted and transmitted to the commission by the local government, shall be deemed certified upon confirmation of the executive director. The local government may elect to meet the commission's refusal AB 385 — 8 •— —9— AB 385 0 of certification in a manner other than as suggested by the commission and -may then resubmit its revised land use plan to the commission. If a local government requests that the commission not recommend or suggest modifications which, if made, will result in certification, the commission shall refuse certification with the required findings. (c) The commission shall certify a land use plan, or any amendments thereto, if it finds that a land use plan meets the requirements of, and is in conformity with, the policies of Chapter 3 (commencing with Section 30200). Except as provided in paragraph (1) of subdivision (b), a decision to certifv or refuse certification shall require a majority vote of the appointed membership, of the commission. (d) This section shall become inoperative and shall have no force or effect on the date, if any, of a final judicial decision that its provisions are inconsistent with the requirements of the federal coastal act. On and after that date, any reference to this section shall be deemed to be reference to Section 30512.1. SEC. 13.5. Section 30512.1 is added to the Public Resources Code, to read: 30512.1. (a) The land use plan of a proposed local coastal program shall be submitted to the commission. The commission shall, within 90 days after the submittal, after public hearing, either approve or disapprove, in whole or in part, the land use plan. If the proposed land use plan is not acted upon within the 90-day period, it shall be deemed approved and certified by - the commission'. (b) Where a land use plan is refused certification, in whole or in part, the commission shall provide a written explanation and may suggest modifications, which, if adopted and transmitted to the commission by the local governr.-.ent, will be deemed certified upon confirmation of the executive director. The local government may el, ct to meet the commission's refusal of certification in a manner other than as suggested by the commission and ' may :hen resubmit its revised land use plan to the commission. If a local government requests that the commission not recommend or suggest' modifications which if made will result in certification, the commission shall refuse certification with the required findings. (c) The commission shall approve and certify a land use plan, or any amendments thereto, if the commission finds that a land use plan meets the requirements of, and is in conformity with, the policies of Chapter 3 (commencing with Section 30200). (d) This section shall become operative on the date that Section 30512 becomes inoperative. SEC. 13.6. Section 30512.2 is added to the Public Resources Code, to read: 30512.2. The following provisions shall apply to the commission's decision to certify or refuse certification of a land use plan pursuant to Section 30512: (a) The commission's review of a land use plan shall be limited to its administrative determination that the land use plan submitted by the local government does, or does not, conform with the requirements of Chapter 3 (commencing with Section 30200). In making this review, the commission is not authorized by any provision of this division to diminish or abridge the authority of a local government to adopt and establish, by ordinance, the precise content of its land use plan. (b) The commission shall require conformance with the policies and requirements of Chapter 3 (commencing with Section 30200) only to the extent necessary to achieve the basic state goals specified in Section 30001.5. SEC. 14. Section 30513 of the Public Resources Code is amended to read: 30513. The local government shall submit to the ! commission the zoning ordinances, zoning district maps, and, where necessary, other implementing actions which are required pursuant to this chapter. If within 60 days after receipt of the zoning ordinances, zoning district maps, and other implementing actions, the commission, after public hearing, has not rejected the zoning ordinances, zoning district maps, or other implementing actions, they shall be deemed approved. ` The commission may only reject zoning ordinances, zoning district maps, or other implementing actions on 2—ab 385 AB 3S5 —10 — —11— AB 385 0 0 'the grounds that they do not conform with, or are inadequate to carry out, the provisions of the certified land use plan. If the commission rejects the zoning ordinances, zoning district maps, or other implementing actions, it shall give written notice of the rejection specifying the provisions of land use plan with which the rejected zoning ordinances do not conform or which it finds will not be adequately carried out together with its reasons for the action taken. The commission may suggest modifications in the rejected zoning ordinances, zoning district maps, or other implementing actions, which, if adopted by the local government and transmitted to the commission, shall be deemed approved upon confirmation by the executive director. The local government may elect to meet the commission's rejection in a manner other than as suggested by the commission and may then resubmit its revised zoning ordinances, zoning district maps, and other implementing actions to the commission. If a local government requests that the commission not suggest modifications in the rejected zoning ordinances, zoning district maps, or other implementing ordinances, the commission shall not do so. SEC. 15. Section 30517.5 is added to the Public Resources Code, to read: 30517.5.. (a) Within 60 days from the effective date of this section, the commission shall establish a schedule for the submittal of all land use plans that have not been submitted, pursuant to Section 30501, to a former regional commission or the commission on or before July 1, 1981. This schedule shall be based on the commission's assessment, in consultation 'with local governments, of each local government's current status and progress. The schedule shall specify that submittals may not be made sooner than nor later than certain specified dates and in no event later than January 1, 19S3. (b) If a local government fails to meet the schedule established pursuant to subdivision (a), the commission may take any of the following actions: (1) Waive the deadlines for commission action on a i• f submitted land use plan, or any portion thereof, as set forth in Sections 30511 and 30512. (2) Prepare and adopt, after a public hearing but not sooner than September 1, 1983, a land use plan for the land area within the local government's jurisdiction. After adoption of the land use plan, the commission shall determine the permissibility of proposed developments pursuant to the provisions of the adopted plan. The affected local government may choose to adopt, in whole or in part, the coinmission's prepared and adopted land use plan in which event the commission shall certify the plan, in whole or in part, or it may continue to prepare its own land use plan consistent with the provisions of this chapter. (3) Report the matter to the Legislature with recommendations for appropriate action. SEC. 16. Section 30517.6 is added to the Public Resources Code, to read: 30517.6. (a) Within 30 days after the certification of a land use plan, or any portion thereof, the commission shall, after consultation with the appropriate local government, establish a date for that local government to submit the zoning ordinances, zoning district maps, and, where necessary, other implementing actions. In no event shall that date be later than January 1, 198,1. (b) If a local government fails to meet the schedule established pursuant to subdivision (a), the commission may waive the deadlines for commission action on submitted zoning ordinances, zoning district maps, and, where necessary, other implementing actions, as set forth in Sections 3U511 and 30513. SEC. 17. Section 30518 of the Public Resources Code is repealed. SEC. 18. Section 30520 of the Public Resources Code is amended to read: 30a 0. (a) If the application of any certified local coastal program, or any portion thereof, is prohibited or stayed by any court, the permit authority provided for in Chapter 7 (commencing with Section 30600) shall be exercised pursuant to the following provisions until a final court order has withdrawn such prohibition or stay. A F AB 385 —12 — —13 — AB 385 • coastal development permit shall be issued by the affected local government or the commission on appeal, if that local government or the commission on appeal finds that the proposed development is in conformity with the provisions of Chapter 3 (commencing with Section 30200) or the applicable certified land use plan if the court -ordered prohibition'or stay applies only to the zoning ordinances, zoning district maps, or, where necessary, the other implementing actions which are required pursuant to this chapter. Any development approved by a local government pursuant to this subdivision may be appealed to the commission by any person, including the executive director or any commissioner during the period the permit provisions of this section are in effect. (b) Until a local government has adopted the interim ordinance, the permit authority provided for in Chapter 7 (commencing with Section 30600) shall be reinstated in the commission. A coastal development permit shall be issued by the commission if the commission finds that the proposed development is in conformity with the provisions of Chapter 3 (commencing with Section 30200) or the applicable certified land use plan, if the court -ordered prohibition or stay applies only to zoning ordinances, zoning district maps, or, where necessary, the other implementing actions which are required pursuant to this chapter. (c) The permit authority provided for in this section shall be limited to only those developments which would be affected by the court -ordered prohibition or stay. SEC. 19. Section 30600 of the Public Resources Code is amended to read: 30600. (a) In addition to obtaining any other perrnit reauired by la%v from any local government or from any state, regional, or local agency, on or after January 1,1977, any person wishing to perform or undertake any development in the coastal zone, other than a facility: subject to the provisions of Section ?a500, shall obtain a coastal development permit. (b) Prior to certification of its local coastal program, a local government may, with respect to any development within its area of jurisdiction in the coastal zone and consistent with the provisions of Sections 30604, 30620, and 30620.5, establish procedures for the filing, processing, review, modification, approval, or denial of a coastal development permit. Such procedures may be incorporated and made a part of the procedures relating to any other appropriate land -use development permit issued by the local government. A coastal development permit from a local government shall not be required by this subdivision for any. development on tidelands, submerged lands, or on public trust lands, whether filled or unfilled, or for any development by a public agency for which a local government permit is not otherwise required. (c) If prior to certification of its local coastal program, a local government does not exercise the option provided in subdivision (b), or a development is not subject to the requirements of subdivision (b), a coastal development permit shall be obtained from the commission or from a local government as provided in subdivision (d). (d) After certification of its local coastal program or. pursuant to the provisions of Section 30600.5, a coastal development permit shall be obtained from the local government as provided for in Section 30519 or Section 30600.5. - SEC. 20. Section 30600.5 is added to the Public Resources Code, to read: .30600.5. (a) Prior to the certification of a local coastal program and notwithstanding the provisions of subdivision (a) of Section 30519, after the effective date of this section, the authority for issuance of coastal development permits provided for in Chapter 7 (commencing with Section 30600) shall be delegated to local governments pursuant to the provisions of this section. (b) Except for any development specified in subdivision (b) of Section 30519 and Section 30601 or with respect to any development proposed by any state agency, the authority for issuance of coastal development permits provided for in Chapter 7 (commencing with Section 30600) shall be delegated to the respective local � %10 AB 385 —14 — —15 — AB 385 0 governments within 120 days after (1) the effective (late of certification of a land use plan pursuant to Chapter 6 (commencing with Section 30500) or (2) the effective date of this section, whichever occurs last. This delegation shall only apply with respect to those areas governed by the certified land use plan or a certified portion thereof, applicable to an identifiable geographic area- (c) Notwithstanding any other provision of this division, after delegation of authority to issue coastal development permits pursuant to subdivision (b), a coastal development permit shall be issued by the respective local government or the commission on appeal, if that local government or the commission on appeal finds that the proposed development is in conformity with the certified land use plan. (d) Any action taken by a local government on a coastal development permit application pursuant to the provisions of this section may be appealed to the commission pursuant to Section 30602. The commission shall hear an appeal brought pursuant to the provisions of this section, unless it determines that the local government action taken raises no substantial issue as to conformity with the certified land use plan. For purposes of this division, failure by any local government to act within any time limit specified in this division shall constitute an "action taken." (e) The commission shall, following a public hearing and within 90 days after the effective date of this section, adopt minimum standards for public notice, hearing, and appeal procedures to govern local government review of coastal development permit applications pursuant to this section. The standards shall, as nearly as practical, follow the standards required for local agencies after certification of local coastal programs for appealable developments and shall ensure that the notice and hearing required for the coastal development permit can be provided at the same time as the notice and hearing. requirements for other local land use decisions which may be necessary for the project requiring the permit. Within 60 days prior to assumption of authority for issuance of coastal drvelopment permits pursuant to this section, the local government shall provide drafts of all procedures for issuance of coastal development permits to the executive director of the commission. Delegation of the authority to issue coastal development permits pursuant to subdivision (b) shall not occur until the local government has provided copies of all the adopted procedures for the issuance of coastal development permits to the executive director of the commission. (f) Notwithstanding any other provision of law, a local government subject to the provisions of this section shall, consistent with the provisions of subdivision (e), following the notice pursuant to Section 65856 of the Government Code and a public hearing, adopt an interim ordinance governing the review of coastal development permit applications and prohibiting any uses which may be in conflict with contemplated - implementing ordinances that are being prepared to carry out the policies of its certified land use plan. Notwithstanding the provisions of Section 65858 of the Government Code, the adoption of such ordinances shall not require a four -fifths vote of the governing body and shall not be required to be extended after 90 days. The ordinances shall expire upon the certification of the local coastal programs.. The ordinances adopted pursuant to this section shall be deemed to be local procedures necessary to implement the state permit program. The ordinances shall not constitute local zoning regulations, and the provisions of this section shall apply to charter cities and shall supersede any inconsistent city charter provisions. (g) Iu order to expedite certification of complete local coastal programs and the transfer of coastal development controls to. local government, the commission shall, on request from a local government, prepare the ordinances necessary for that local government to implement the coastal permit responsibilities of this division. (11) The limits set forth in subdivision (IA) shall be extended, by right, for not more than 90 days if a local government, by resolution of its governing body, so requests. rib %D —16— —17— AB 335 • • i M The provisions of this section shall have no further force or effect or application to a local government after that local government's local coastal program has been certified and taken effect pursuant to the provisions of this division. (j) This section shall become inoperative and shall have no force or effect on the date, if any, of a final judicial decision that its provisions are inconsistent with the requirements of the federal coastal act. SEC. 21. Section 30601 of the Public Resources Code is amended to read: 30601. Prior to certification of the local coastal program and, where applicable, in addition to a permit from local government pursuant to subdivision (b) or (d) of Section 30600, a coastal development permit shall be obtained from the commission for any of the following: (1) Developments 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 of the sea where there is no beach, whichever is the greater distance. (2) Developments not included within paragraph (1) located on tidelands, submerged lands, public trust lands, within 100 feet of any wetland, estuary, stream, or within 300 feet of the top of the seaward face of any coastal bluff. (3) Any development which constitutes a major public works project or a major energy facility. SEC. 22. Section 30602 of the Public Resources Code is amended to read: 30602. Prior to certification of its local coastal program, anv action taken by a local government on a coastal development permit application may be appealed by the executive director of the commission, sun), person, including the applicant, or any two members of the commission to the commission. Such action shall become final after the 20th working day after receipt of the notice required by subdivision (c) of Section 30620.5, unless an appeal is filed within that time. SEC. 23. Section 30612 of the Public Resources Code'•• is amended- to read: 30612. An application for a. coastal development permit to demolish a structure shall not be denied unless t the agency authorized to issue that permit, or the commission, on appeal, where appeal is authorized by this division, finds, based on a preponderance of the evidence,'that retention of that structure is feasible. SEC. 24. Section 30620.5 of the Public Resources Code is amended to read: 30620.5. (a) A local government may exercise the option provided in subdivision (b) of Section 30600, if it dots so for the entire area of its jurisdiction within the coastal zone and after it establishes procedures for the issuance of coastal development permits. Such procedures shall incorporate, where applicable, the interpretive guidelines issued by the commission pursuant to Section 30620. (b) If a local government elects to exercise the option provided in subdivision (b) of Section 30600, the local government shall, by resolution adopted by the governing body of such local government, notify the commission and shall take appropriate steps to assure that the public is properly �iiotificd of such action. The provisions of subdivision (b) of Section 30600 shall take effect and shall be exercised by the local government on the loth working day after the date on which the resolution required by this subdivision is adopted. (c) Every local government exercising the option provided in subdivision (b) ofSection 30600 or acting on coastal development permits prior to certification of its local coastal program pursuant to Sections 30520, 30600.5, and 30624, shall within five working days notify the commission and any person who, in writing, has requested such notification, in the manner prescribed by the commission pursuant to Section 30600.5 or 30620, of any coastal development permit it issues. '(d) Within five working days of receipt of the notice required by subdivision (c), the executive director of the commission shall post, at a conspicuous location in the commission's office, a description of the coastal development permit issued by the local government. Within 15 working days of receipt of such notice, the -executive director shall, in the manner prescribed by the c G0 90A ,o 0 • AB 385 —Is— commission pursuant to subdivision (a) of Section 30620, Provide notice of the locally issued coastal development permit to members of the commission. SEC. 25. Section 30624 of the Public Resources Code is amended to read: 30624. The commission shall provide, by regulation, for the issuance of coastal development permits by the executive director of the commission or, where the coastal development permit authority has been delegated to a local government pursuant to Section 30600.5, by an appropriate local official designated by resolution of the local government without compliance with the procedures specified in this chapter in cases of emergency, other than an emergency provided for under Section 30611, or for improvements to any existing structure, any single faanily dwelling, any development of four dwelling units or less within any incorporated area that does not require demolition, any other developments not in excess of one hundred thousand dollars ($100,000) other than any division of land, and any development specifically authorized as a principal permitted use and proposed in an area for which the land use portion of the applicable local coastal program has been certified. Such permit for nonennergency development shall not be effective until after reasonable public notice and adequate time for the review of such issuance has been provided. If one-third of the appointed members of the commission so request, at the first meeting following the issuance of such permit, such issuance .shall not be effective, and, instead, the application shall be processed in accordance with the commission's procedures for permits and pursuant to the provisions of this chapter. Any permit issued by a local official pursuant to the provisions of this section shall be scheduled on the agenda of the governing body of the local agency at -its first scheduled muceting after that permit has been issued. If, at that meeting, one-third of the members of that governing body so request, -the permit issued by the local official shrill not go into effect and the application for a coastal development permit shall be processed by the —19— AB 385 local government pursuant to Section 30600.5. No monetary limitations shall be required for emergencies covered by the provisions of this section. SEC. 96. Section 30802 of the Public Resources Code is amended to read: 30802, Any person, including an applicant for a permit or the commission, aggrieved by the decision or action of a local government that is implementing a certified local coastal program or certified port master plan, or is exercising its powers pursuant to Section 30600.5, which decision or action may not be appealed to the commission, shall have a right to judicial review of such decision or action by filing a petition for writ of mandate in accordance with the provisions of Section 1094.5 of the Code of Civil Procedure within 60 days after the decision or action has become Gnarl. The commission may intervene in any such proceeding upon a showing that the matter involves a question of the conformity of a proposed development with a certified local coastal program or certified port master plan or the validity of a local government action taken to implement a local coastal program or certified port master plan. Any local government or port governing body may request that the commission intervene. Notice of this action against a local government or part governing body shall be filed with the commission within five working days of the filing of this action. When an action is brought challenging the validity of a local coastal program or certified port master plan, a preliminary showing shall be 'made prior to proceeding on the merits as to why such action should not have been brought pursuant to the provisions of Section 30801. SEC. 27. Section 30807 of the Public Resources Code is repealed: SEC. 28. If any provision of this act becomes inoperative as provided in this act, any action undertaken or carried out pursuant to any such provision prior to the date it becomes inoperative shall continue to be valid on and after that date and shall not be construed to deprive any person or public agency of any substantial right which existed prior to the date that its provision begomes AB 385 inoperative. —20—' R j t i .. 1 . 3 . t Approved , 1981 t Governor i . I 1111 he7 '•Y M PLANNING DEPARTMENT CURRENT PLANNING DIVISION 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92663-3884 (714) 640-2218 or 640-2219 Applicant (Please Print) Mailing Address No. a. Application c'd by Fee: $ Receipt No. Date Filed Phone Property Owner Phone Mailing Address Address of Property Involved Legal Description: Lot Block Tract Section Zone Present Use Project Description (Describe in detail. If additional space is necessary, attach separate pages). Type of Permit: Determination By (A) Coastal Development Permit (C) Emergency Permit (B) Administrative Permit (D) For State Commission Determination OWNER'S AFFIDAVIT (I) (We) depose and say that (I am) (we are) the owner(s) of the property(ies) involved in this application. (I) (We) further certify, under penalty of perjury, that the foregoing statements and answers herein contained and the information herewith submitted are in all respects true and correct to the best of (my) (our) knowledge and belief. Signatures) Nam: An agent may sign for the owner if written authorization from the record owner is filed with the application. DECLARATION OF POSTING (When Required) (I) (We) and say that (I) (We) have posted the above described real p n. required public notice in the locations required by the City on (enter date) (I) (We) further penalty of perjury, that the foregoing statement and date is, true and correct. %gyp' Signature(s) Or flv 00 Posting Date Mail DO NOT Cb1PLETE APPLICATION BELOW THIS LINE Publication Date Planning Director Action Date Appeal P.C. Action Date Appeal C.C. Action Date Appeal depose roperty with the of Newport Beach certify, under in all respects, FA Coastal Commission Coastal Comnission Action Permit Issue Date • •� I' • IBI •• w1a Rom 01 • Vol Di . SPA City of Newport Beach Planning Department• Current Planning Division The applicant shall discuss the proposed development with a member of the Planning Department prior to filing. This discussion should cover in detail the applicant's request and the procedural steps required. Application Form 1. Please type or clearly print in ink the name, mailing address, and telephone number of the applicant and record owner of the property involved. 2. Give the address of the property involved. If it has no address, locate in relation to its front street and nearest cross street. 3. Describe fully the purpose of the application. Be sure to list all items for which the permit is requested. 4. Please type or clearly print the legal description of the property involved. If there is insufficient space on the form, the legal description may be attached on a separate sheet. Determination of Permit Type The Planning Department will determine whether a proposed development requires a regular, administrative or emergency Coastal Development Permit, is subject to the original permit authority of the California Coastal Commission, or is exempt from Coastal Development Permit requirements. The Planning Department may request the Coastal Commission to aid in this determination. Plans Each application must be accompanied by plot plans, floor plans, elevations, and other pertinent information you feel will help illustrate your proposal. The plans shall be legibly drawn to scale and dimensioned, utilizing an engineering scale at 1" = 101, 201, 30' or 40' or an architectural scale at 1/8" or 1/4" = 1', and shall contain the following information: 1. The name, address, telephone number of the owner, and the owner's .agent or representative. 2. A north arrow and the scale of the drawing. 3. Property lines of e ubject property. i 4. All existing/ and proposed structures and improvements, including driveways, q , carports, garages, swimming pools, accessory / buildings, and structures to be removed. 5. Adjacent streets and alleys, giving right-of-way widths and street names. 6. Parking areas designed to City standards. 7. Signs, indicating location, height, and square footage. 8. Fencing (walls) indicating type, location, and height. 9. Landscape areas. 10. Topography, if applicable. Filing Fee A filing fee is required at the tims of filing to partially defray the cost of processing and other expenses. The Planning Dot will advise you of said fee. Property Owners' List and Assessor's Parcel Map Each application for a permit which requires a public hearing must be acconImnied by: p, / V �,�y) 1. One set of gummed labels 0 taining the names and addresses of owners of properly within/a radius of one -hundred (100) feet of the exterior property es of the subject property. The list shall also contain the s-of occupants of residentially -zoned property within the required prescribed radius if the Planning Department -makes the determination that the project is of significant public interest. Additional sets of gummed labels shall be required if the proposed development is appealed or called up for review by the Planning Camdssion or City epouncil. 2. Assessor's parcel map(s), indicating the 100 foot radius line and the subject property. � t eu A/ "" U AV nJOFF c� tL A �� The following types of devefo qualify for administrative stay,[; development permits: 1. Improvements to existing structures which result in an addition 42 ` ph. to, enlargement or expansion of the building or use, within the standards set forth in the zoning code for the district in which i' the subject property is located. Bi���Q��y�gJ� 2. Any single family dwelling. '�� l+Eese�re 44t A- , ��rr.�eq�ui'f 3. Any development of 4 or less dwelling units tha does no�t r VO a demolition. �.� Developnmts not in excess of $100,000 other than a division of v land. 5. Any development authorized as a principal permitted use in the certified land use plan. ,i1, Administrative permits do not require a public hearing. Application for an !' administrative permit does not require submittal of a property owners' list and assessor's parcel map. Administrative Coastal Development Permit applications may be processed concurrently with the Building Permit application. The sane plans used for building and zoning plan check may be used for administrative coastal development permit purposes. Since all administrative coastal development permits must be reviewed by the Planning Commission and are appealable to the Planning Commission, City Council and Coastal Commission, additional processing time may be required. The Planning Department will inform you of posting requirements and timing when you file. Regular Permits All development projects except exempt, categorically excluded, administrative, and those subject to the original jurisdiction of the Coastal Commission) require regular coastal development permits. Regular coastal development permits require a public hearing and will be heard- by the Modifications Committee acting for the Planning Director. Each application must be ac=rpanied by four (4) sets of plans (as described above) and by a property owners' list and assessor's parcel map(s) (as described above). The complete application (including plans, property owners and residents, lists, - 2 - and fee) must be filed in the Planning Department by 12:00 noon, Monday, 15 days prior to a Modifications Comni.ttee meeting. The Modifications Committee meets every Tuesday at 3:00 P.M. The Planning Department will advise you of the hearing date when you file. All regular coastal development permits are subject to call up for review or appeal to the Planning Commission, City Council and Coastal Commission. The Planning Department will inform you of timing requirements when you file. Concurrent Processing - The Planning Department will concurrently process your coastal development permit if any other discretionary permit is required. If a Modification permit is required, the CDP will be concurrently processed by the Modifications Committee using the same posting, notice, and plans. If a discretionary permit requiring a Planning Commission hearing is needed (such as a use permit, resubdivision, tentative tract map, variance, etc.) the CDP will be processed concurrently and heard by the Planning Commission using the same posting, notice, and plans. Emergency Permits Applications for an -Emergency Permit shall be Planning Director. The following information request: The nature of the emergency. The cause of the emergency, insofar as this can be established. Location of the emergency. The remedial, protectiye with the emergency. The circumstances during the the cause(s) of action taken, of failing to take action. preventative emergency that appeared to justify including the probable consequences A regular coastal development permit may be required. Exempt Projects The following types of development are exempt from the requirement for coastal development permits. The Planning Department will determine whether a proposed development within any of these categories. Improvements to existing single family dwellings. Minor improvement to existing dwellings) except those which: involve a risk of adverse environmental effect; adversely affect public access; or involve a change in use inconsistent wi certified Land Use Plan. ' Maintenance dredging of existing navigational channels or deposition of spoils from said dredging subject to a permit from the U.S. Army Corps of Engineers. Repair and maintenance activities that do not result in addition to, enlarget or expansion of the building or use. 9 5. DeveloPITent subject to the City's Categorical Exclusion Order E-77-5 (generally, single family dwellings and duplexes not on the waterfront). 6. Installation, testing, and placement in service of a replacement utility connection for a previously -approved development. 7. Replacement of a structure destroyed by natural disaster provided the replacement structure conforms to all applicable zoning regulations and does not exceed the floor area, height, or bulk of the destroyed structure by more than 10%. 8. The conversion of an existing multi -family residential project to a time-share, but not the conversion of a multi -family residential project to condominiums, co-ops, or stock co-ops. Developments Subject to Original Coastal Carrdssion Jurisdiction The following developments remain subject to the original coastal development permit jurisdiction of the California Coastal Comnission: 1. Developments between the first public road and the sea or within 300 feet of the inland extent of the beach or mean high tide line, whichever is -greater. 2. Developments located on tidelands, subnerged lands, public trust lands, within 100 feet of any wetland, estuary, or stream or within 300 feet of the top of the seaward face of any coastal bluff. 3. Major public works or energy facilities. 4. Development proposed by a state agency. PLANS MUST BE CAREEULd,Y DRAWN AND EASILY READABLE. PLANS NOT SO DRAWN WILL NOT BE ACCEPTED FOR FILING. ANY MODIFICATION OF THE PLANS MUST BE SUBMITTED TO THE PLANNING DEPA22T MM AT LEAST SEVEN (7) Word ING DAYS PRIOR To THE DAY OF THE PUBLIC HEARING. ANY SIGNIFICANT CHANGES MAY RESULT IN A CONTINUANCE OF THE APPLICATION OR MAY RMUIRE RE -SUBMITTAL OF THE APPLICATION. WANIMT 111 • •• i 1 • ► • �I• • '8 I� • • • • 1 • •1► 01• • ► �•u •►► a u ¢ ••► •1 •y1 THIS APPLICATION MAY BE CONTINUED TO A SUBSEQUENT MEETING IF THE APPLICANT OR AN AUTHORIZED AGENT DOES NOT APPEAR AT THE PUBLIC HEARING. PT:nma 7/2/82 - 4 -