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Home My WebLink About2014-01-29_GP-LCP IC Agenda Meeting PacketCity of Newport Beach General Plan/LCP Implementation Committee Agenda Newport Beach Civic Center - 100 Civic Center Drive Crystal Cove Meeting Room (Bay D, Second Level, Room 2115) Wednesday, January 29, 2014 - 3:30 p.m. to 5:30 p.m. Committee Members: Staff Members: Edward Selich, Mayor Pro Tem (Chair) Kimberly Brandt, Community Development Director Tony Petros, Council Member Brenda Wisneski, Deputy Community Development Director Nancy Gardner, Council Member Patrick Alford, Planning Manager Bradley Hillgren — Planning Commission Chair Leonie Mulvihill, Assistant City Attorney Fred Ameri — Planning Commissioner Daniel Campagnolo, Systems and Administration Manager Jay Myers — Planning Commissioner Michael Toerge — At -Large Member 1) CALL MEETING TO ORDER 2) ROLL CALL 3) APPROVAL OF MINUTES Recommended Action: Approve January 15, 2014 Minutes (attached) 4) CURRENT BUSINESS A. LCP Phasing. A discussion of potential phasing/segmentation of the Local Coastal Program Recommended Action: Receive information; provide direction to staff Note: Discussion may be deferred if Coastal Commission staff is not in attendance. B. Permit Jurisdiction. A discussion of post -certification permit and appeal jurisdiction, including Cat Ex Recommended Action: Receive information; provide direction to staff (Attached). 5) COMMITTEE ANNOUNCEMENTS OR MATTERS WHICH MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT (NON -DISCUSSION ITEM) 6) PUBLIC COMMENTS Public comments are invited on agenda and non -agenda items generally considered to be within the subject matter jurisdiction of the Committee. Speakers must limit comments to three (3) minutes. Before speaking, we invite, but do not require, you to state your name for the record. The Committee has the discretion to extend or shorten the speakers' time limit on agenda or non -agenda items, provided the time limit adjustment is applied equally to all speakers. 7) NEXT MEETING Wednesday, February 26, 2014, 12:30 p.m. 8) ADJOURNMENT This Committee is subject to the Ralph M. Brown Act. Among other things, the Brown Act requires that the Committee's agenda be posted at least seventy-two (72) hours in advance of each regular meeting and that the public be allowed to comment on agenda items before the Committee and items not on the agenda but are within the subject matter jurisdiction of the Committee. The Committee may limit public comments to a reasonable amount of time, generally three (3) minutes per person. It is the intention of the City of Newport Beach to comply with the Americans with Disabilities Act ("ADA") in all respects. If, as an attendee or a participant at this meeting, you will need special assistance beyond what is normally provided, the City of Newport Beach will attempt to accommodate you in every reasonable manner. If requested, this agenda will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Please contact the City Clerk's Office at least forty-eight (48) hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible at (949) 644-3005 or citvclerk(a).newoortbeachca.aov. Attachment No. 1 Draft 01/15/14 Meeting Minutes City of Newport Beach General Plan/LCP Implementation Committee Minutes Date: January 15, 2014 Location: Newport Beach Civic Center — 100 Civic Center Drive Newport Coast Meeting Room (Bay E, Second Level, Room 2017) Members Edward Selich, Mayor Pro Tem (Chair); Tony Petros, Council Present: Member; Nancy Gardner, Council Member; Fred Ameri, Planning Commissioner; Jay Myers, Planning Commissioner, and Michael Toerge, Member At -Large Members Absent: Bradley Hillgren, Planning Commission Chair Staff: Kimberly Brandt, Community Development Director; Brenda Wisneski, Deputy Community Development Director; Patrick Alford, Planning Manager; and Daniel Campagnolo, Adminstrative Systems Manager Public: Jim Mosher, Dorothy Kraus, Philip Bettencourt, and Don Schmitz 1) CALL MEETING TO ORDER The meeting was called to order at 12:40 p.m. 2) ROLL CALL Chair Selich invited everyone to introduce themselves. 3) APPROVAL OF MINUTES Mr. Jim Mosher pointed out a typographical error and commented the use of action minutes and the City's records retention policy. The minutes of the November 27, 2013, meeting were approved as amended by a vote of 6-0 with Selich, Gardner, Ameri, Myers, and Toerge voting in favor and Petros abstaining. 4) CURRENT BUSINESS A. Coastal Commission Update. Planning Manager Patrick Alford provided an update on the following subjects: 1. The rejection of the City's grant application by the California Coastal Commission (CCC) on January 8, 2014. 2. The meeting with CCC staff on December 18, 2013. Chair Selich commented that the lack of attention to sea -level rise may have been the reason for the rejection of the grant application. General Plan/LCP Implementation Committee January 15, 2014, Minutes Page 2 A discussion ensued on CCC priorities (permits v. LCPs) and on recent and pending CCC appointments. B. Coastal Canyons. Mr. Alford presented the draft text and maps of the Canyon Overlay District. A discussion ensued on the need to involve the canyon property owners early in the process. The Committee discussed the similarities and differences with the Bluff Overlay areas; how nonconforming structures would be regulated; how the current categorical exclusion order works, and deferring certification of the canyon areas and Irvine Terrace. Mr. Mosher reminded the Committee that the CCC staff receives notice of City approvals. He also commented on the terminology used in the draft Canyon Overlay. 5) COMMITTEE ANNOUNCEMENTS OR MATTERS WHICH MEMBERS WOULD LIKE Chair Selich directed staff to place a discussion on deferring certification of the canyons and other areas on the January 29, 2014, agenda. The meeting will begin at 3:30 p.m. 6) PUBLIC COMMENTS Public comments are invited on agenda and non -agenda items generally considered to be within the subject matter jurisdiction of the Committee. Speakers must limit comments to three (3) minutes. Before speaking, we invite, but do not require, you to state your name for the record. The Committee has the discretion to extend or shorten the speakers' time limit on agenda or non -agenda items, provided the time limit adjustment is applied equally to all speakers. Mr. Mosher suggested that the City should provide notice of the filing of new applications. He also commented on the appropriateness of City review of its own coastal development permit applications. Dorothy Kraus suggested giving the CCC staff information in advance of the meeting so that they would be prepared to respond. 7) NEXT MEETING Wednesday, January 29, 2014, at 3:30 p.m. 8) ADJOURNMENT The meeting adjourned at approximately 1:30 p.m General Plan/LCP Implementation Committee January 15, 2014, Minutes Page 3 Edward Selich, Chair Attachment No. 2 Newport Beach Appeal Area Analysis !GP Appeal Jurisdiction Analysis Coastal Zone 0 Outside Appeal Area a Appeal Area Total Land / Properties Within Coastal Zone e 0�/ Coastal Zone Boundary 'Includes intersecting lots 43%(1,560) 329E (3.673) 57% (2,098) `68%(7,863) 3,658acres 11,536Lots t. (Not a Part) *00" Attachment No. 3 Examples 1. Malibu 2. Manhattan Beach 3. Santa Barbara Cat Ex City of Malibu LCP Local Implementation Plan 8. Any improvement made pursuant to a conversion of an existing structure from a multiple unit rental use or visitor -serving commercial use to a use involving a fee ownership or long-term leasehold including but not limited to a condominium conversion, stock cooperative conversion or motel/hotel timesharing conversion. 13.4.4 Categorically Excluded Development Projects pursuant to a Categorical Exclusion Order as certified by the California Coastal Commission pursu- ant to Public Resources Code 30610le). 13.4.5 Utility Connections The installation, testing, and placement in service or the replacement of any necessary utility connection be- tween an existing service facility and any development which has been granted a valid Coastal Development Permit; provided, however, that the City may, where necessary, require reasonable conditions to mitigate any adverse impacts on coastal resources, including scenic resources. 13.4.6 Structures Destroyed by Natural Disaster The replacement of any structure, other than a public works facility, destroyed by a disaster provided that the replacement structure meets all the of the following criteria: A. It is for the same use as the destroyed structure; B. It does not exceed either the floor area, height, or bulk of the destroyed structure by more than 10 per- cent, and C. It is sited in the same location on the affected property as the destroyed structure. As used in this section, "Structure" includes landscaping and any erosion control structure or device which is similar to that which existed prior to the occurrence of the disaster. 13.4.7 Time Share Conversions Any activity anywhere in the City's coastal zone that involves the conversion of any existing multiple -unit residential structure to a time-share project, estate, or use, as defined in Section 11003.5 of the Business and Professions Code. If any improvement to an existing structure is otherwise exempt from the permit require- ments of this ordinance, no coastal development permit shall be required for that improvement on the basis that it is to be made in connection with any conversion exempt pursuant to this ordinance. The division of a multiple -unit residential structure into condominiums, as defined in Section 783 of the Civil Code, shall not be considered a time-share project, estate, or use for purposes of this subdivision. (Malibu LCP Supp. No. I, 9-11) 220 City of Malibu LCP Local Implementation Plan A. Types of Applications. The Planning Manager shall first determine whether the proposed development is: Subject to the requirement for a Coastal Development Permit or permit amendment from the Coastal Commission; 2. Appealable to the Coastal Commission consistent with Chapter 2 of the Malibu LIP (Definitions); 3. Exempt from the Coastal Development Permit requirements as defined in Section 13.4 of the Malibu LIP; 4. Subject to the requirement of securing a Coastal Development Permit to be issued by the City. (Ord. 303 § 3, 2007) 13.10.1 Appeals of Determination of Permit Type and Jurisdiction Where an applicant, interested person, or the city has a question as to the appropriate designation for the de- velopment, the following procedures shall establish whether a development is non -appealable or appealable: A. The Planning Manager or his or her designee shall make its determination as to what type of develop- ment is being proposed (i.e. appealable, non -appealable) and shall inform the applicant of the notice and hearing requirements for that particular development. B. If the determination of the Planning Manager is challenged by the applicant or an interested person, or if the City wishes to have a Coastal Commission determination as to the appropriate designation, the Planning Manager shall notify the District Director of the South Central Coast District Office of the Coastal Commission by telephone or in writing of the dispute/question and shall request the Executive Director's determination as to whether the development is categorically excluded, non -appealable or appealable. C. The Executive Director of the Coastal Commission shall, within two (2) working days of the local government request (or upon completion of a site inspection where such inspection is warranted), transmit his or her determination as to whether the development is categorically excluded, non - appealable or appealable. D. Where, after the Executive Director's investigation, the Executive Director's determination is not in accordance with the City Planning Manager's determination, the Coastal Commission shall hold a hearing for purposes of determining the appropriate designation for the area. The Commission shall schedule the hearing on the determination for the next Commission meeting (in the appropriate geo- graphic region of the state) following the Executive Director's determination. (Ord. 303 § 3, 2007) (Malibu LCP Supp. No. I, 9-11) 230 City of Malibu LCP Local Implementation Plan 13.10.2 Jurisdiction A. The City's jurisdiction over Coastal Development Permits does not include tidelands, submerged lands, and public trust lands as described in Section 30519(b) of the Public Resources Code and de- scribed as areas of Coastal Commission Permit Jurisdiction illustrated on the Local Coastal Program Post -Certification Permit and Jurisdiction Map as amended. B. The Commission retains authority over coastal development permits issued by the Commission includ- ing condition compliance. Where either new development, or a modification to existing development, is proposed on a site where development was authorized in a Commission -issued coastal development permit either prior to certification of the LCP or through a de novo action on an appeal of a city - approved coastal development permit and the permit has not expired or been forfeited, the applicant shall apply to the City for the coastal development permit except for: Requests for extension, reconsideration and revocation of the Commission -issued permits; 2. Development that would lessen or negate the purpose of any specific permit condition, any miti- gation required by recorded documents, any recorded offer to dedicate or grant of easement or any restriction/limitation or other mitigation incorporated through the project description by the permittee, of a Commission -issued coastal permit. In any of these circumstances, the applicant must seek to file an application with the Coastal Commis- sion for an amendment to the Commission -issued coastal development permit and authorization for the proposed new development or modification to existing development. The Coastal Commission will de- termine whether the application for amendment shall be accepted for filing pursuant to the provisions of Title 14 California Code of Regulations, Section 13166. C. Any proposed development within the coastal zone that is subject to the City's jurisdiction upon certi- fication of the LCP and that the City preliminarily approved before effective certification of the Malibu Local Coastal Program but for which a complete application has not been filed with the Coastal Com- mission for approval shall be resubmitted to the City through an application pursuant to this Certified Local Coastal Program. The standard for review for such an application shall be the requirements of this Certified Local Coastal Program. Any application fee paid to the Coastal Commission shall be re- funded to the applicant. D. Any proposed development within the certified area which the City preliminarily approved before ef- fective certification of the Local Coastal Program and for which a complete application has been filed complete with the Coastal Commission may, at the option of the applicant, remain with the Coastal Commission for completion of review. Coastal Commission review of any such application shall de- termine consistency with the Certified Local Coastal Program. Projects which elect to obtain a coastal development permit from the Coastal Commission will remain under the jurisdiction of the Commis- sion as set forth in Section 13.10.2 (B) of the Malibu LIP above. 231 (Malibu LCP Supp. No. 1,9-I1) City of Malibu LCP Local Implementation Plan E. Alternatively, the applicant may withdraw the application filed with the Coastal Commission and re- submit it to the City through an application pursuant to the requirements of this Certified Local Coastal Program. The standard of review for such an application shall be the requirements of this Certified Lo- cal Coastal Program. F. Upon effective certification of a Local Coastal Program except as provided under A and B of this sec- tion, no applications for development shall be accepted by the Coastal Commission for development within the certified area. 13.11. PUBLIC HEARING REQUIRED AND PUBLIC COMMENT A. At least one public hearing shall be required on all appealable development as defined in Chapter 2 of the Malibu LIP (Definitions). Such hearing shall occur no earlier than seven (7) calendar days following the mailing of the notice required in Section 13.12 of the Malibu LIP. The public hearing may be conducted in accordance with existing City 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. 2. If a decision on a development permit is continued by the City to a time which is neither (a) pre- viously stated in the notice provided pursuant to Section 13.12 of the Malibu LIP, nor (b) an- nounced 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 Section 13565 of the California Code of Regulations. B. Any person may submit written comments to the Planning Manager on an application for a Coastal Development Permit, or on an appeal of a Coastal Development Permit, at any time prior to the close of the public hearing. If no public hearing is required, written comments may be submitted prior to the decision date specified in the public notice. Written comments shall be submitted to the Planning Man- ager who shall forward them to the appropriate person, commission, board or the Council and to the applicant. (Ord. 303 § 3, 2007) 13.12. PUBLIC NOTICE REQUIRED 13.12.1 Notice of Appealable Developments A. Within ten (10) calendar days of accepting an application for an appealable coastal development permit or at least seven (7) calendar days prior to the first public hearing on the development proposal, the City shall provide notice by first class mail of pending application for appealable development. This notice shall be provided to: Each applicant; (Malibu LCP Supp. No. I, 9-11) 232 1 100' from wetland I Leo Carrillo State Park 100' from stream 1300' from bluff I Location Map gray i of< CCCalifornia Coastal Comm/sslon Technical Services Ofandon I First Public Rd.I 0 100' from stream First Public Rd. a c t f j C I hereby otomy I/ret this rttap the boundwies fm ��j�n Ir8i61'I adopled bi U1g Galiipnia Ca�tal.Ctotrerissicn�/3. e �:fcp '(�.mr..a ,l -t nip Via —lfili' r'i41t_ Gert 55 3t ✓�krK'a+r GATJtlT mm6 fm MO 0 IIMIIAV b Al ephlflvl au auwwr tyy.��r�'' inn c" n Wnrrg'."�*Yl ioa rn rTW�'uY rrry mare 100' from stream Post-LCP Certification Permit and Appeal Jurisdiction City of Malibu Permit Jurisdiction This area includes only lands be. the an high tide line and lands where the public trust may exist. 0 Appeal Jurisdiction This ares includes lands between the sea and the designated first public road paralleling the sea or 300' from the inland extent of any beach or of the mean high title line if Here is no beach, whichever is the greater distance. Also included are lands within 100' of chrome and wetlands" lands within 300'd the top of the seaward face of any coastal bluff. First Public Rd. 100' from stream First Public Rd. 300' from bluff I First Public Rd. V I This map has been prepared to show where the California Coastal Commission retains post{CP certification permit and appeal jurisdiction pursuant to P.R.C. Sec. 30519(6), and Sec. 30603(a)l and (aX2). In addition, developments may also be appealable pursuant to P.R.C. Seo. 30603(aX3), eX4) and (aX5). If questions arise wncemi ng the precise IDCa ion of the boundary of any area defined in the above sections, the matter should be referred to the local gov- ernment and/or the Executive Director of the Commission for clad fication and information. This plot may be updated as appropriate and may not include all lands where post- LCP certification permit and appeal jurisdiction is retained by the Commission. In addition to these geographic areas of apes jurisdiction the following types of development are appealable throughout the coastal zone pursuant to PRC Section 30603 (a)(4) and (a)(5): 1. Any development approved by a county that is not designated as a principal permitted use under zoning approved pursuant to the applicable Local Coastal Program; 2. Any development that constitutes a major public works project or a major energy facility. 300' from bluff 100' from stream 300' from bluff 1 C e a n N In some areas parcels are bisected by the appeal jurisdiction boundary. All development proposed within the appeal area defined as appealable is subject to the Commission's / jurisdiction. In addition, it a development is proposed partly on the portion of the parcel that forms the basis for geographic / appeal jurisdiction, and partly on the remainder of the parcel, / and the Commission decides to hear the appeal, then the / Commission reviews the action of the local government 0 .5 1 (section 306031 which encompasses all the development Map that was authorized in the permit Mile M, rat Public Malibu Location Map 100' from stream Post-LCP Certification Permit and Appeal Jurisdiction City of Malibu 100' from stream 100' from stream uuuull300' from beach 300' from bluff First Public Rd. feaM1md Pc HbNb R n.ow� loop 3 uf4 Nate: The Ciry orMelibuliesemvely witliln [M1e Cpslel2 califomia coaxial Commission Technical Services Division P a c i f i c I hereby asr Fy Ihe! this rt pond- ys the bmindmisa fQr adopted 171 ft Califamja Coastal GorTmsaion S4P i . Permit Jurisdiction This map has been prepared to show where the California Coastal Comm lesson mains post-LCPcerlMiraticn permit This area includes only lands below the mean high tide line and appeal jurisdiction pursuant to P.RC. Sec. 30519(b), and r and lands where the pudic trust may exist Sec. 30603(a)l and (a$2). In addition, developments may VAX QFF-XlI.,L9tl'A also be appealable pursuant to P.R.C. Sec. 30603(x)(3), (a)(4) and (a)(5). If questions arse mnmming the precise location 0 Appeal Jurisdiction of the boundary of any area defined in the above sections,themattershouldbereferredfothelocalgov- Thisareaincludeslandsbetweentheseaandthedesignaledfirstpublicmad em meritandnand/or the Euecutive DireIXoroftm Commission for and information. This plat may he updated paralleling the sea or 300' from the inland extent of any beach or of the mean ppromtien as appropriate and may rm include all lands where posit - high tide line if there is no beach, whichever is the greater d!am rice. Also retained LCP certification permit antl appeal juristliction is retLaine included are lands within 1O0 of streams and written the and lands within 300' of by the Commission. Xw.v� the top of the seaward face of any coastal bluff. 100' from stream 100' from stream uuuull300' from beach 300' from bluff First Public Rd. feaM1md Pc HbNb R n.ow� loop 3 uf4 Nate: The Ciry orMelibuliesemvely witliln [M1e Cpslel2 califomia coaxial Commission Technical Services Division P a c i f i c I hereby asr Fy Ihe! this rt pond- ys the bmindmisa fQr adopted 171 ft Califamja Coastal GorTmsaion S4P i . r VAX QFF-XlI.,L9tl'A 7 no n. n on uTi "o'T a .q.weea.n -.M.. are a ]�eivW1,�x149L mre s r IFS. b M[>t9s�i4i L X lyny�'INfTfI XtlYIaL 119 ai19W ZWn Xw.v� 0 .5 Mile from beach 100' from stream First Public Rd. N In addition to these geographic areas of apeal jurisdiction the following types of development are appealable throughout the coastal zone pursuant to PRC Section 30603 (a)(4) and (a)(5): 1. Any development approved bya county that is not designated as a principal permitted use under zoning approved pursuant to the applicable Local Coastal Program; 2 Any development that constitutes a major public works project or a major energy facility. In some areas parcels are bisected by the appeal jurisdiction boundary. Al development proposed within the appeal area defined as appealable is subject to the Commission's jurisdiction. In addition, if a development is proposed partly on the portion of the parcel that forms the basis for geographic appeal jurisdiction, and partly on the remainder of the parcel, and the Commission derides to hear the appeal, then the Commission reviews the when of the local government (section 30603(a)) which encompasses all the development that was authorized in the permit. 100' from stream � K I of I eon Beach � I of �I / I I I e a n I I I I I I I I I I I I I I I Map3of4 WC, i Sit unoa 16,24%)1 Post-LCP Certification Permit and Appeal Jurisdiction City of Malibu Permit Jurisdiction This map has been prepared to show where the California Coastal Commission retains post-LCP certification permit This area includes only lands below the mean high tide line and appeal jurisdiction pursuant to P.R.C. Sec. 30519(b), and and lands where the public trust may exist. Sec. 30603(a)l and (a)(2). In addition, developments may also be appealable pursuant to P.R.C. Sec. 30603(a)(3), (a)(4) and (a)(5). If questions arise concerning the precise location A eat Jurisdiction of the boundary of any area defined in the above PP sections, the matter should be referred to the local gov- This area includes lands bebveen the sea and the designated first public mad emment and/or the Executive Director of the Commission paralleling the sea or 300' from the inland extent of any beach or of the mean for clarification and informafion. This plot may be updated high tide line if (here is no boxi whichever is the greaterdistance. Also as appropriate and may not include all lands where post - included are lands within 100' of streams and wetlands and lands within 300' of the tap of the seaward face of any coastal bluff. LCP certification permit and appeal jurisdiction is retained by the Commission. 1100' from stream I it 40 of _..Fit .�,.4 I .� Ile i� r�� 1 p ��y+ '�� r�l�nnq �� r� SII/I• �� ' SO 1 nop ►� �: Idol;: f � .. � i►r� t: � 1♦ �� . I � V��`�� 11•f Il taf � / • b r Inr � .off - �L i � � i•=� ' !� ♦.�•� 1♦♦ �i � �•I�I.0 Io ,; ::::Lnuunur-. I•�.RI ..I%I�� ♦t1 ��/� ` Ii•: rp4 !ate �� r•��s �� l� � •Q♦ ♦ .�� I d \p�H�_- n....rz-enrr a. /�•� i 1%`1--_�I� � 0,/I4 i �'�/1L/J � •�„ .� � 11 •�Qi� ■�� 1 1��-♦J)N\.� I' � ,�1v\�.AILIIIIIIIIII/llllll/r� sl�� I �'II'�is��` \� `� `, �i♦,�II%%►��1,��•��/� � .r.�.,,.__ ��.a.r�... r .,, �� Hi OPEF®RgArps. �.� n+iii, ,iiia !l/ffl��ri' 9��-�� .I�I,,� I (IIIQL..�� 1► uq li.% .Cali/.u,iruiiiiiib,�l//11//II1i'�i�`:�♦� � • _ ♦ �''�' �♦% �.��, �� rtrinir„ - I� Urun.. � �. ` ice,' � nNnllbllpLlgrm i, w �n„" „��.. ! • / .I • : ':, in I jl jI l � City of Manhattan Beach: Coastal Permit Procedures Page 8 of 23 3. Any method of routine maintenance dredging that involves the dredging of one hundred thousand (ioo,000) cubic yards or more within a twelve (12) month period; or in the placement of dredge spoils of any quantity within an environmentally sensitive habitat area, or any sand area, within fifty (50) feet of the edge of a coastal bluff or environmentally sensitive habitat area, or within (20) twenty feet of coastal waters or streams; or the removal, sale, or disposal of dredge spoils of any quantity that would be suitable for beach nourishment in an area the Coastal Commission has declared by resolution to have a critically short sand supply that must be maintained for protection of structures, coastal access, or public recreational use. 4. Any repair or maintenance to facilities or structures or work located in an environmentally sensitive habitat area, any sand area, within fifty (50) feet of the edge of a coastal bluff or environmentally sensitive habitat area; or within twenty (20) feet of any coastal waters and streams that include: a. The placement or removal, whether temporary or permanent, of rip - rap, rocks, sand or other beach materials or any other forms of solid materials.b. The presence, whether temporary or permanent, of mechanized equipment or construction materials, except that the use of such equipment solely for routine beach cleaning and park maintenance shall not require a coastal development permit. D. Utility Connection. The installation, testing and placement in service, or the replacement of any necessary utility connection between an existing service facility and any development. E. Replacement of Structures Following Disaster. The replacement of any structure, other than a public works facility, destroyed by disaster (any situation in which the force or forces which destroyed the structure to be replaced were beyond the control of its owner), provided such replacement structure: 1. Shall conform to zoning requirement applicable at time of replacement; and 2. Shall be for the same use as the destroyed structure; and 3. Such replacement structure does not exceed the floor area, height or build of the destroyed structure by more than to percent and is sited in the same location on the same building site as the destroyed structure. F. Categorical Exclusions. Specific types of development may be exempted from coastal permit requirements per the provisions of California Coastal Commission Administrative Regulations Sections 13250 -13253. Such exemptions shall require approval, per an order of categorical exclusion, from the California Coastal Commission. Records of any future categorical exclusions shall be kept on file with the Community Development Department. A.96.o6o. Pre -application conference. A prospective applicant may request a pre -application conference with the Director of Community Development prior to formal submittal of an application for a Coastal Development Permit. At such conference, the Director of Community Development shall acquaint the property owner with Local Coastal Program policies, plans and requirements as they apply to the site and the proposed project, suggest improvements to the proposed project based on review of plans provided by the property owner, and inform the owner of the steps necessary prior to formal action on the project. The plans provided by the owner should be drawn approximately to scale and should contain in a general manner, http://www.ci.manhattan-beach.ca.us/city-officials/community-development/planning-zo... 01/23/2014 City of Manhattan Beach: Coastal Permit Procedures Page 10 of 23 with policies mandating "pedestrian oriented" design, and compliance with the LCP standards with regard to parking supply and the actual cost of constructing parking spaces. L In Area District III, drawings, plans and other information showing consistency with the public parking and walk street protection and density standards of the LCP. A.96.o80. Action on coastal development permit. A. All development undertaken after November 8,1972, within the coastal zone as defined in the Coastal Initiative of 1972, or after January 1, 1977, within the coastal zone as defined by the Coastal Act of 1976, shall have a valid coastal development permit issued by the California Coastal Commission or by the City pursuant to this Local Coastal Program. 1. The City's jurisdiction over coastal development permits does not include tidelands, submerged lands, public trust lands as described in Section 30519 of the Public Resources Code. 2. Development authorized by a Commission -issued permit remains under the jurisdiction of the Commission for the purposes of condition compliance, amendment, extension, reconsideration and revocation. 3. Any proposed development within the certified area which the City preliminarily approved before effective certification of the Local Coastal Program but which has not been filed complete with the Commission for approval shall be re -submitted to the City through an application for a permit pursuant to this LCP. Decision on the application shall be based solely on the requirements of this LCP. 4. Any proposed development within the certified area which the City preliminarily approved before effective certification of the Local Coastal Program and for which an application has been filed complete with the Commission may, at the option of the applicant, remain with the Commission for completion of review. Commission review of any such application shall be based upon the certified LCP. Alternatively, the applicant may re -submit the proposal to the City through an application for a permit pursuant to this LCP. Decision on the application shall be based solely upon this LCP. Projects which elect to obtain a coastal permit from the Coastal Commission will remain under the jurisdiction of the Commission as set forth in (1) above. 1135461 5. Upon effective certification of a certified Local Coastal Program, no applications for development shall be accepted for development within the certified area. B. Action to approve, conditionally approve, or deny a Coastal Development Permit shall be taken by the Director of Community Development, the Planning Commission, the Public Works Commission, or the City Council, whichever has responsibility for final approval of other discretionary permits, including parcel maps and lot line adjustments, if such discretionary permits are required. To the extent possible, action on a Coastal Development Permit shall be taken concurrently with action on other permits or approvals required for the project. C. At the time an application for development is submitted, the Community Development Director or his/her designee shall determine and inform the applicant, based on the provisions of this http://www.ci.manhattan-beach.ca.us/city-officials/community-development/planning-zo... 01/23/2014 City of Manhattan Beach: Coastal Permit Procedures Page 11 of 23 Chapter, and all applicable maps, zoning regulations (CD29) and specific plan regulations, that the development project is one of the following: 1. Within an area where the Coastal Commission continues to exercise original permit jurisdiction as defined in Section 30519, an applicant must obtain a coastal development permit directly from the Coastal Commission; 2. Appealable to the Coastal Commission and requires a coastal development permit; 3. Non -appealable to the Coastal Commission and requires a coastal development permit; 4. Categorically excluded or exempt and does not require a coastal development permit. 113569] D. 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 exempt, categorically excluded, non -appealable or appealable: 1. The local government shall make its determination as to what type of development is being proposed (i.e. exempt, categorically excluded, appealable, non -appealable) 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 the applicant or an interested 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 upon completion of a site inspections where such inspection is warranted), transmit his or her determination as to whether the development is exempt, categorically excluded, non - appealable or appealable. 4. Where, after the Executive Director's investigation, the Executive Director's determination is not in accordance with the local government's determination, the Commission shall hold a hearing for purposes of determining the appropriate designation for the area. The Commission shall schedule the hearing on the determination for the next Commission meeting (in the appropriate geographic region of the State) following the local government request. 113569(a) -(d)] (Ord. No. 1832, Amended, o1/r7/91; Ord. No. 1838, Renumbered, 07/05/91) A.96.ogo. Public hearing and comment. A. The appropriate person or body specified in Section A.96.o8o shall hold a public hearing prior to any action on a Coastal Development Permit where: http://www.ei.manhattan-beach.ca.us/city-officials/community-development/planning-zo... 01/23/2014 el m AA FAA 0 1 ME n I IAN BEP (ENING DE �� IIIIIIIIIIIIIIIIII �IIIIII �III111: == �■ ■■ ■_ =■ \inII1lI1nI11InI1I1nI1I1lI1nI1I1nI1I1Il11lI IInIIlIIlIInIIIIlII�YI.i_Innn �IInIIlIlIIl nIIIlIlIiIiIlI_�_�_—_—__- —____-- __—__—■_ —:___—■___ --_■— i ■ • �7 7� idllllll II MANHATTA Tm.'FRIIIIIIIIII111111111111:11-_..m �i ..= ",_ WE(lylK r�s�s old) v 28.44.060 Permit Required. In addition to any other permits or approvals required by the City, a coastal development permit shall be required prior to commencement of any development in the coastal zone of the City, unless the development involves emergency work subject to the provisions of Section 28.44. 100 or the development is subject to one of the exclusions or exemptions specified in Section 28.44.070. (Ord. 5417, 2007.) 28.44.070 Exclusions and Exemptions. The following categories of development, through Subsection C, are categorically excluded from the coastal development permit requirements of this Chapter 28.44 pursuant to Categorical Exclusion Order E-86-03 as amended by Categorical Exclusion Order E-06-1 and certified by the California Coastal Commission: A. TIME-SHARE CONVERSION EXCLUSION. Any activity anywhere in the coastal zone that involves the conversion of any existing multiple -unit residential structure to a time-share project, estate, or use, as defined in Section 11212 of the Business and Professions Code. If any improvement to an existing structure is otherwise exempt from the permit requirements of this division, no coastal development permit shall be required for that improvement on the basis that it is to be made in connection with any conversion exempt pursuant to this subdivision. The division of a multiple -unit residential structure into condominiums, as defined in Section 783 of the Civil Code, shall not be considered a time-share project, estate, or use for purposes of this subdivision. B. VESTED RIGHTS EXCLUSION. Any development which, on the effective date of this subsection, has a valid approval from the Coastal Commission shall be considered to have a vested right until such time as said approval expires or lapses; provided, however, that no substantial change may be made in any such development without prior Coastal Commission and City approval having been obtained by the developer. C. SINGLE FAMILY RESIDENCE EXCLUSIONS. 1. Construction of one (1) single family residence on an existing vacant parcel in the area designated as Non -Appealable on the Post-LCP Certification Permit and Appeal Jurisdiction Map, City of Santa Barbara. 2. Demolition and reconstruction of an existing single family residence in the area designated as Non - Appealable on the Post-LCP Certification Permit and Appeal Jurisdiction Map, City of Santa Barbara. Notwithstanding the exclusion specified in this paragraph, if an application for demolition and reconstruction of an existing single family residence is submitted for a lot that either: (1) contains a City Landmark or Structure of Merit, (2) contains or is within 100 feet of archeological or paleontological resources, or (3) contains or is within 100 feet of a environmentally sensitive habitat area, stream, wetland, marsh, or estuary, regardless of whether such resources are mapped or unmapped, then the application shall require a coastal development permit. The following categories of development, through the end of this Section 28.44.070, are exempt from the coastal development permit requirements of this Chapter 28.44 pursuant to Section 30610 of the Public Resource Code and Sections 13250-13253 of Title 14 of the California Administrative Code. D. SINGLE FAMILY RESIDENCE EXEMPTION. Improvements to existing single family residences; provided, however, that those improvements which involve a risk of adverse environmental effect shall require a coastal development permit, as provided in Section 13250 of Title 14 of the California Administrative Code, as amended from time to time. E. OTHER CONSTRUCTION EXEMPTION. Improvements to any structure other than a single family residence or a public works facility; provided, however, that those improvements which involve a risk of adverse environmental effect; or adversely affect public access; or result in a change in use contrary to any policy of the Coastal Act; shall require a coastal development permit, as provided in Section 13253 of Title 14 of the California Administrative Code, as amended from time to time. F. MAINTENANCE OF NAVIGATION CHANNEL EXEMPTION. Maintenance dredging of existing navigation channels or moving dredged material from such channels to a disposal area outside the Coastal Zone, pursuant to a permit from the United States Army Corps of Engineers. G. REPAIR OR MAINTENANCE EXEMPTION. Repair or maintenance activities that do not result in an addition to, or enlargement or expansion of the object of such repair or maintenance activity; provided, however, that extraordinary methods of repair and maintenance that involve a risk of substantial adverse environmental impact shall require a coastal development permit, as provided in Section 13252 of Title 14 of the California Administrative Code, as amended from time to time. H. UTILITY CONNECTIONS EXEMPTION. The installation, testing and placement in service or the replacement of any necessary utility connection between an existing service facility and any development approved pursuant to the California Coastal Act of 1976 and this Chapter; provided that the Community Development Director may, where necessary, require reasonable conditions to mitigate any adverse impacts on coastal resources, including scenic resources. I. REPLACEMENT OF EXISTING STRUCTURES DESTROYED BY NATURAL DISASTER EXEMPTION. The replacement of any structure, other than a public works facility, destroyed by a disaster. The replacement structure shall conform to applicable existing zoning requirements, shall be for the same use as the destroyed structure, shall not exceed either the floor area, height, or bulk of the destroyed structure by more than 10 percent, and shall be sited in the same location on the affected property as the destroyed structure. As used in this Subsection 1, the term: 503-3 rev. 6/30/07 1. 'Disaster" means any situation in which the force or forces which destroyed the structure to be replaced were beyond the control of its owner. 2. 'Bulk" means total interior cubic volume as measured from the exterior surface of the structure. 3. "Structure" includes landscaping and any erosion control structure or device which is similar to that which existed prior to the occurrence of the disaster. J. TEMPORARY EVENT EXEMPTION. 1. Definitions. For the purposes of this Subsection J, the following words and phrases shall be construed as set forth below: a. Exclusive Use. A use that precludes public uses in the area of the temporary event for recreation, beach access or access to coastal waters other than for or through the temporary event itself. b. Limited Duration. A period of time that does not exceed a two-week period on a continual basis, or does not exceed a consecutive four-month period on an intermittent basis. c. Non -permanent Structure(s). Include, but are not limited to, bleachers, perimeter fencing, vendor tents/canopies, judging stands, trailers, portable toilets, sound/video equipment, stages, booths, platforms, movie/film sets, which do not involve grading or landform alteration for installation. d. Temporary Event. An activity or use that constitutes development as defined in Section 30106 of the California Coastal Act; and is an activity or function of limited duration; and involves the placement of non- permanent structures; and/or involves exclusive use of a sandy beach, parkland, filled tidelands, water, streets or parking area which is otherwise open and available for general public use. e. Coastal Resources. Include, but are not limited to, public access opportunities, visitor and recreational facilities, water -oriented activities, marine resources, biological resources, environmentally sensitive habitat areas, agricultural lands, and archaeological or paleontological resources. f. Sandy Beach Area. Includes publicly -owned and privately -owned sandy areas fronting on coastal waters, regardless of the existence of potential prescriptive rights or a public trust interest. 2. General Rule. Except as provided in Paragraph 4 below, every temporary event is excluded from the coastal development permit requirements under this Chapter 28.44, unless the temporary event meets all of the following criteria: a. The event is to be held between Memorial Day weekend and Labor Day, inclusive; and, b. The event occupies all or a portion of a sandy beach area; and, c. The event involves a charge for general public admission or seating where no fee is currently charged for use of the same area (not including booth or entry fees). 3. Other Exclusions. The Community Development Director may also exclude a temporary event that satisfies all of the criteria specified in Paragraph 2 above, if: a. The fee is for preferred seating only and 75% of the provided seating capacity is available free of charge for general public use; or, b. The event is held on a sandy beach area in a remote location with minimal demand for public use, and there is no potential for adverse effect on sensitive coastal resources; or, c. The event is less than one day in duration; or, d. The event has previously received a coastal development permit and will be held in the same location, at a similar season, and for a similar duration, with operating and environmental conditions substantially the same as those associated with the previously -approved event. 4. Special Circumstances. The Community Development Director, or the Planning Commission or City Council through direction to the Community Development Director, may determine that a temporary event shall require a coastal development permit, even if the criteria specified in Paragraph 2 above are not met, if the Community Development Director determines that unique or changing circumstances exist relative to the particular temporary event that have the potential for significant adverse impacts on coastal resources. Such circumstances may include, but shall not be limited to, the following: a. The event, either individually or together with other temporary events scheduled before or after the particular event, precludes the general public from use of a public recreational area for a significant period of time; b. The event and its associated activities or access requirements will either directly or indirectly impact environmentally sensitive habitat areas, rare or endangered species, significant scenic resources, or other coastal resources as defined in Paragraph 1 above; c. The event is scheduled between Memorial Day weekend and Labor Day and would restrict public use of roadways or parking areas or otherwise significantly impact public use or access to coastal waters; or d. The event has historically required a coastal development permit to address and monitor associated impacts to coastal resources. (Ord. 5417, 2007.) 503-4 rev. 6/30/07 28.44.080 Record of Categorical Exclusion Determinations. The Community Development Department shall maintain a record of all determinations made which shall be made available to the Coastal Commission or any interested person upon request. This record must include the applicant's name, the location of the project, a brief description of the project, the site plan, the date upon which the determination was made, and all terns and conditions imposed by the City in granting its approval. Notice of each exclusion determination shall be made to the Coastal Commission within five (5) working days of the determination by the Community Development Department. The City is not required to give the Coastal Commission notice of exemption determinations. (Ord. 5417, 2007.) 28.44.100 Permit for Emergency Work. The Community Development Director may issue an emergency permit without compliance with the procedures for the issuance of a coastal development permit specified in this Chapter 28.44 in cases of an emergency, as the term emergency is defined in Section 13009 of Title 14 of the California Administrative Code. Where persons or public agencies seek a permit for emergency work pursuant to Section 30624 of the California Public Resources Code or this Section 28.44.100, the following procedures shall apply: A. APPLICATION. Applications for permits for emergency work shall be made to the Community Development Director by letter or facsimile during business hours if time allows, or by telephone or in person if time does not allow. The information to be reported during the emergency, if it is possible to do so, or to be reported fully in any case after the emergency, shall include the following: 1. The nature of the emergency; 2. The cause of the emergency, insofar as this can be established; 3. The location of the emergency; 4. The remedial, protective, or preventive work required to deal with the emergency; 5. The circumstances during the emergency that appeared to justify the course(s) of action taken, including the probable consequences of failing to take action; 6. The identity of other public agencies alerted to the emergency; 7. Access routes to the emergency; and, 8. Any other information deemed necessary by the Community Development Director. B. VERIFICATION OF EMERGENCY. The Community Development Director shall verify the facts, including the existence and nature of the emergency, insofar as time allows. C. COORDINATION AND PUBLIC NOTICE. Prior to issuance of an emergency permit, when feasible, the Community Development Director shall notify, and coordinate with, the South Central Coast District Office of the California Coastal Commission as to the nature of the emergency and the scope of the work to be performed. This notification shall be in person or by telephone. The Community Development Director shall provide public notice of the proposed emergency action required by Section 13329.3 of Title 14 of the California Administrative Code, with the extent and type of notice determined on the basis of the nature of the emergency itself. D. ISSUANCE. The Community Development Director may grant a permit for emergency work upon reasonable terms and conditions, including an expiration date and the requirement for a regular permit application later, if the Community Development Director finds that: 1. An emergency exists and requires action more quickly than permitted by the procedures for ordinary permits, and the development 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; 3. The work proposed would be consistent with the requirements of the City's Local Coastal Program and the California Coastal Act of 1976; 4. The work proposed is the minimum action necessary to address the emergency and, to the maximum extent feasible, is the least environmentally damaging temporary alternative for addressing the emergency. This finding shall be made with the maximum information and analysis possible given the expedited review demanded by the emergency situation; 5. The Community Development Director shall not issue an emergency permit for any work that falls within the provisions of Public Resources Code Section 30519(b) since a coastal development permit application for this type of work must be reviewed by the California Coastal Commission pursuant to the provisions of Public Resources Code Sections 30519(b) and 30600(d). E. FORMAT OF PERMIT. The emergency permit shall be a written document that includes the following information: 1. The date of issuance; 2. An expiration date; 3. The scope of work to be performed; 4. Terms and conditions of the permit. The emergency permit may contain conditions for removal of existing development or structures if they are not authorized in a coastal development permit, or the emergency permit may require that a subsequent coastal development permit must be obtained to authorize the removal of such existing unpermitted development or structures; 503-5 rev. 6/30/07 N Miles 0 0.2 0.4 0.8 1.2 1.6 1:42,000 9B City of Santa Barbara - Categorical Exclusion Request - SBC-CFX-06-001 N W C , O M U O U) O W O Legend Coastal Zone Jurisdiction Appealable Jurisdiction I Appealable Jurisdiction II Non Appealable Jurisdiction - Permit Jurisdiction(CCC.i Coastal Zone Local Coastal Plan