Irvine Municipal Code Ch. 2-7 Coastal Zone: Special Regulations for Developments Located in Coastal Zone

The coastal zone shall be as designated in Figure 2-7 (at the end of this chapter).

(Code 1976, § V.E-203.1; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94)

A. Appealable developments defined. In accordance with Public Resources Code § 30603(a), an action taken by the City of Irvine on a coastal development permit application for a major public works project or a major energy facility exceeding $100,000 in estimated cost of construction may be appealed to the Coastal Commission.

B. Persons who may appeal. In accordance with Public Resources Code § 30625, an appeal pursuant to this chapter may be filed by an applicant, any aggrieved person, or any two members of the Coastal Commission.

C. Notice of appealable developments. Within 10 calendar days of accepting an application for an appealable coastal development permit (or equivalent) or at least seven calendar days prior to the first public hearing on a development proposal, the City of Irvine shall provide notice by first class mail of a pending application for an appealable development. This notice shall be provided to each applicant, to all persons who have requested to be on the mailing list for the development project for coastal decisions within the local jurisdiction, to all property owners and residents within 100 feet of the perimeter of the parcel on which the development is proposed, and to the Coastal Commission. The notice shall contain the following information:

1. A statement that the development is within the coastal zone;

2. The date of filing of the application and its proposed location;

3. The number assigned to the application;

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

5. The date, time and place at which the application will be heard by the Zoning Administrator;

6. A brief description of the general procedure of the City of Irvine concerning the conduct of the hearing and the location of the hearing; and

7. The system for local and Coastal Commission appeals, including any local fees required. The cost of notices which are not reimbursed to the City of Irvine through reimbursement pursuant to Public Resources Code § 30353 shall be borne by those requesting such notice.

D. Public hearing on appealable developments. At least one public hearing shall be held on each application for an appealable development, thereby affording any persons the opportunity to appear and inform the City of Irvine of the nature of their concerns regarding the project. Such hearing shall occur no earlier than seven calendar days following the mailing of the notice required in Subsection C. The public hearing may be conducted in accordance with existing local procedures or in any other manner reasonably calculated to give interested persons an opportunity to appear and present their viewpoints, either orally or in writing.

E. Notice of action where hearing continued. If a decision on a development permit is continued by the City of Irvine to a time which is neither previously stated in the notice provided pursuant to Subsection C nor announced at the hearing as being continued to a time certain, the City of Irvine 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 Subsection C.

(Code 1976, § V.E-203.2; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94)

A. Categorical exclusion defined. Developments associated with the manufacturing process of industries engaged primarily in research and/or testing, and industries engaged in light manufacturing which are allowed in the certified local coastal zone, are exempt from obtaining a coastal permit.

B. Public record. A public record, including the applicant's name, the location of the development and a brief description of the development, shall be kept for all developments determined to be categorically excluded from obtaining a coastal permit.

(Code 1976, § V.E-203.3; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94)

When located in the coastal zone, the determination of whether a development is categorically excluded, appealable or nonappealable for purposes of notice, hearing and appeals procedures shall be made by the City of Irvine at the time the application for development within the coastal zone is submitted. This determination shall be made with reference to the certified local coastal program, including any maps, categorical exclusions, land use designations and zoning regulations which are adopted as part of the local coastal program. Where an applicant, interested person or the City has a question as to the appropriate designation for the development, the following procedures shall establish whether a development is categorically excluded, nonappealable, or appealable:

A. The City shall make its determination as to what type of development is being proposed (i.e., categorically excluded, appealable, nonappealable) and shall inform the applicant of the notice and hearing requirements for that particular development in accordance with this section and Sections 2-7-5 and 2-7-7. The City determination shall be made by the Director of Community Development.

B. If the determination of the City 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 City shall notify the Coastal Commission by telephone of the dispute/question and shall request an opinion from the Executive Director of the Coastal Commission.

C. The Executive Director of the Coastal Commission shall, within two working days of the City's request (or upon completion of a site inspection where such inspection is warranted), transmit its determination as to whether the development is categorically excluded, nonappealable or appealable.

D. Where, after the Executive Director's investigation, the Executive Director's determination is not in accordance with the City's determination, the Coastal Commission shall hold a hearing for purposes of determining the appropriate designation for the area. The Coastal Commission shall schedule the hearing on the determination for the next Coastal Commission meeting (in the appropriate geographic region of the State) following the City's request.

(Code 1976, § V.E-203.4; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94)

A. Finality of action. A decision on an application shall be deemed final when (1) the decision on the application has been made and all required findings have been adopted, including specific factual findings supporting the legal conclusions that the proposed development is or is not in conformity with the certified local coastal program, and, where applicable, with the public access and recreation policies of Chapter 3 of the Coastal Act, and (2) when all local rights of appeal have been exhausted as defined in Section 2-7-5.D.

B. Final action—Notice.

1. Notice after decision. Within seven calendar days of a final decision on an application for an appealable development in the coastal zone, the City of Irvine shall provide notice of its 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 of Irvine (or, where required, who paid a reasonable fee to receive such notice). Such notice shall include conditions of approval and written findings and the procedures for appeal of the decision to the Coastal Commission.

2. Failure to act—Notice.

a. Notification by applicant. If the City of Irvine has failed to act on an application within the limit established by law from the date after the application has been received and accepted as complete, thereby approving the development by operation of law, the person claiming a right to proceed shall notify, in writing, the City of Irvine and the Coastal 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. However, Government Code §§ 65950—65957.1 provide for the following exceptions:

(1) If an environmental impact report-environmental impact statement is required, the time limit shall be 90 days after it has been completed and certified; or

(2) If a one-time 90-day extension has been approved upon consent of the City and the applicant.

b. Notification by City. When the City of Irvine determines that the limits above have expired, the City of Irvine shall, within seven calendar days of such determination, notify any person entitled to receive notice pursuant to Section 2-7-5.B.1 that it has taken final action by operation of law pursuant to Government Code §§ 65950—65957.1. The appeal period for projects approved by operation of law shall begin to run only upon the receipt of the City of Irvine notice in the Coastal Commission office. (This section shall apply equally to a City of Irvine 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. Effective date. A final decision of the City of Irvine on an application for an appealable development shall become effective after the 10-working-day appeal period to the Coastal Commission has expired or after the 21st calendar day following the final action unless any of the following occur:

1. An appeal is filed in accordance with Section 2-7-7.

2. The notice of final action does not meet the requirements of Section 2-7-5.B.

3. The notice of final City of Irvine action is not received in the Coastal Commission Office and/or distributed to interested parties in time to allow for the 10-working-day appeal period within the 21 days after the City of Irvine decision.

Where any of the circumstances in Section 2-7-5.C.1—3 occur, the Coastal Commission shall, within five calendar days of receiving notice of that circumstance, notify the City of Irvine and the applicant that the effective date of the City of Irvine action has been suspended.

D. Exhaustion of appeals.

1. An appellant shall be deemed to have exhausted appeals for purposes of Section 2-7-7 and shall be qualified as an aggrieved person pursuant to Section 2-7-2.B where the appellant has pursued his or her appeal to the City Council as required by the City of Irvine appeal procedures; except that exhaustion of all appeals shall not be required if any of the following occur:

a. The City of Irvine requires an appellant to appeal to more appellant bodies than have certified as appellate bodies for permits in the coastal zone, in the implementation section of the local coastal program.

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

c. 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 this zoning ordinance.

d. The City of Irvine charges an appeal fee for the filing or processing of appeals.

2. Where a project is appealed by any two members of the Coastal Commission, there shall be no requirement of exhaustion of local appeals. However, the City of Irvine provides that notice of Coastal Commissioner appeals shall be transmitted to the City Council, and the appeal to the Coastal Commission shall be suspended pending a decision on the merits by the City Council. If the decision of the City Council modifies or reverses the previous decision, the Coastal Commissioners shall be required to file a new appeal from that decision.

(Code 1976, § V.E-203.5; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94)

A. An appeal of the City of Irvine's decision on a coastal development permit application (or equivalent) may be filed by an applicant or any aggrieved person who has exhausted local appeals pursuant to Section 2-7-5.D or any two members of the Coastal Commission. The appeal must contain the following information:

1. The name and address of the permit applicant and appellant;

2. The date of the City of Irvine action;

3. The description of the development;

4. The name of the governing body having jurisdiction over the project area;

5. The names and addresses of all persons who submitted written comments or who spoke and left his or her name at any public hearing on the project, where such information is available;

6. The names and addresses of all other persons known by the appellant to have an interest in the matter of appeal;

7. The specific grounds for appeal;

8. A statement of facts upon which the appeal is based; and

9. A summary of the substantial issues raised by the appeal.

B. The appeal must be received in the Coastal Commission Office on or before the 10th working day after the Executive Director of the Coastal Commission receives notice of the permit decision made by the City of Irvine. The appellant shall notify the applicant, any persons known to be interested in the applicant, and the City of Irvine of the filing of the appeal. The filing of the notice of appeal should also contain information which the City of Irvine has specifically requested or required. Notification shall be by delivering a copy of the completed notice of appeal to the domicile(s), office(s), or mailing address(es) of said parties. In any event, such notification shall be by such means as may reasonably advise said parties of the pendency of the appeal by the Coastal Commission.

(Code 1976, § V.E-203.6; Ord. No. 92-3, 4-14-92; Ord. No. 94-7, § 3, 6-14-94)

[Figure]