Division IX — LOCAL COASTAL DEVELOPMENT PERMITS

Coastal development procedures are established to ensure that all public and private development in the Long Beach Coastal Zone is developed consistent with the City's certified local coastal program.

(Ord. C-6533 § 1 (part), 1988)

All properties in the coastal zone are subject to the procedures outlined in this Section. The coastal zone boundaries are indicated on the official zoning map.

(Ord. C-6533 § 1 (part), 1988)

All development in the coastal zone shall be required to obtain either a coastal permit pursuant to Section 21.25.904 or a coastal permit categorical exclusion pursuant to Section 21.25.906. Such approval must be issued prior to the start of development and shall be required in addition to any other permits or approvals required by the City.

A.

Coastal Permit Issued by the Coastal Commission. Developments on tidelands and submerged lands require a permit issued by the California Coastal Commission in accordance with the procedure as specified by the California Coastal Commission.

B.

Coastal Permits Issued by the City. The following categories of projects requires coastal permits in accordance with the procedures set forth in this Division:

1.

Development on the first lot located on, adjacent to, across the street from, or abutting the beach, bay, ocean or tidelands, except minor additions to a single-family residence as specified in Subsection 21.25.901.C (categorical exclusion).

2.

All development projects which require additional discretionary review (such as a conditional use permit, subdivision map or standards variance).

3.

Traffic improvements which do not qualify for categorical exclusion.

4.

Public works projects, excluding traffic improvement projects, with an estimated cost of fifty thousand dollars ($50,000.00) or more.

5.

Any extension of an existing facility into tidelands, environmentally sensitive areas, coastal waterways, public parkland, or within fifty (50) feet of a coastal bluff edge.

6.

Any application for the restriction of short-term rentals pursuant to the provisions and procedures outlined in Chapter 5.77 (Short-Term Rentals) in the certified LCP.

7.

Any application for the legalization of unpermitted dwelling units pursuant to the provisions and procedures outlined in Chapter 21.66 (Unpermitted Dwelling Unit Amnesty Program).

8.

Any application for the conversion of an existing transient residential structure into an interim supportive or transitional housing use pursuant to the provisions and procedures outlined in Chapter 21.65 (Interim Motel/Hotel Conversions) in the certified Local Coastal Program.

C.

Exemptions. The following categories of projects are exempt from the coastal permit requirement. However, a coastal permit categorical exclusion (CPCE) shall be obtained pursuant to the procedures indicated in Section 21.25.906.

1.

Minor additions on existing single-family residences for the first lot located on, adjacent to, across the street from, or abutting the beach, bay ocean or tidelands. Such additions must be less than ten percent (10%) of the existing floor area and shall not create an additional story or loft.

2.

All projects (excluding the above) which are consistent with the Zoning Regulations, Local Coastal Program, applicable water quality standards, best management practices and pollution controls, and which do not require any discretionary review (e.g., conditional use permit, subdivision map).

3.

Traffic improvements which do not:

a.

Alter roadway or intersection capacity by more than ten percent (10%) (except stop signs and stop lights); or

b.

Decrease parking (except by establishing a red curb next to a corner); or

c.

Impair access to the coast.

4.

Public works projects (excluding traffic improvements) with an estimated cost of forty-nine thousand nine hundred ninety-nine dollars ($49,999.00) or less.

(ORD-23-0025 § 1, 2023 ORD-22-0012 § 2, 2022; ORD-20-0025 § 1, 2020; ORD-19-0008 § 1, 2019; ORD17-0031 § 17, 2017; Ord. C-6533 § 1 (part), 1988)

This Section outlines the procedures for issuing coastal permits. Coastal permits may be considered concurrently with or subsequent to any other procedures required by this Title or the City's subdivision regulations.

A.

Jurisdiction.

1.

Planning Commission. The Planning Commission shall consider all local coastal development permits for developments requiring a tract map, a parcel map, conditional use permit or planned development permit.

2.

Coastal Commission. The Coastal Commission shall consider all coastal permits for projects located below the mean high tide.

3.

Zoning Administrator. The Zoning Administrator shall consider all other local coastal development permits.

B.

Hearing Required. A public hearing shall be required prior to the approval of a local coastal development permit except for local coastal development permits for the legalization of unpermitted dwelling unit(s) in conformance with the requirements of certified Zoning Code Chapter 21.66 (Unpermitted Dwelling Unit Amnesty Program).

C.

Findings Required. Prior to approving a local coastal development permit, the responsible hearing body must find:

1.

The proposed development conforms to the certified local coastal program, including but not limited to all requirements for replacement of low- and moderate-income housing; and

2.

The proposed development conforms to the public access and recreation policies of Chapter 3 of the Coastal Act. This second finding applies only to development located seaward of the nearest public highway to the shoreline.

3.

For an application for a religious assembly use, if an exception or waiver of LCP requirements is sought under Section 21.52.219.8.G, that the exception or waiver allows the minimum deviation from LCP requirements necessary to comply with RLUIPA, and that the decisionmaker has imposed all conditions necessary to comply with all provisions of the LCP, with the exception of the provision(s) for which implementation would violate RLUIPA.

4.

The proposed development is sited, designed and managed to minimize the transport of pollutants by runoff into coastal waters and groundwater, and to minimize increases in runoff volume and velocity from the site which may adversely impact coastal resources or coastal bluff stability. Best Management Practices shall be implemented, as applicable, including but not limited to applicable local, regional, state and federal water quality permits, standards and guidance provided in the LCP, best practices and other measures as may be recommended by the City Engineer.

5.

For an application to restrict short-term rentals in accordance with the provisions and procedures outlined in Chapter 5.77 (Short-Term Rentals) of the certified LCP, the project shall conform with the certified local coastal program, including with the provisions relating to coastal access and recreation. The required findings must include a cumulative impacts analysis informed, at least in part, by monitoring data collected on approved projects that restrict STRs and on STRs throughout the coastal zone. The responsible hearing body shall also find:

(i)

The proposed restriction would not result in the substantial loss of visitor-serving accommodations (i.e., a reduction in available overnight accommodation rooms, including but not limited to short-term rentals, hotels, and/or motels, within ¼ mile of visitor-serving recreational uses, the beach, bay, ocean, or tidelands).

(ii)

The proposed restriction would not result in the loss of lower-cost overnight accommodations. Lower-cost overnight accommodations shall be defined as those charging approximately twenty five percent (25%) less than the statewide average daily room rate or less.

(iii)

The proposed restriction would not result in the net loss of short-term rentals below four hundred twentyfive (425) short-term rental units (both hosted and un-hosted and/or primary or non-primary) historically occurring in the coastal zone.

(iv)

The proposed restriction would be necessary to protect the neighborhood stability, housing access, and would be consistent with the neighborhood character established in the Local Coastal Program (LCP).

6.

For an application to legalize an unpermitted dwelling unit in accordance with the provisions and procedures outlined in Chapter 21.66 (Unpermitted Dwelling Unit Amnesty Program) of the certified Zoning Code, the project shall conform with the certified local coastal program, including habitat protection policies and coastal hazards policies. For dwelling units subject to coastal hazards, the Applicant shall be required to assume the risk of development in a hazardous area.

7.

For an application to convert an existing transient residential structure (i.e., Motel/Hotel) into an interim supportive or transitional housing use in accordance with the provisions and procedures outlined in Chapter 21.65 (Interim Motel/Hotel Conversions) of the certified Zoning Code, the project shall conform with the certified Local Coastal Program, including policies related to the protection of existing lower cost overnight visitor-serving accommodations. Potential impact(s) to visitor-serving accommodations resulting from the temporary conversion shall be avoided or minimized through strategies that include, but are not limited to:

(i)

Reserving a portion of the rooms in the hotel/motel for hotel use at the defined "low cost" rate

(ii)

Limiting the use of the hotel/motel for interim supportive or transitional housing to the winter months, and/or

(iii)

Limiting the term of the coastal development permit. The required findings must include an analysis of historic occupancy rates and the current room rates of the rooms proposed to be converted as compared to the annual statewide average room rate. "Low cost" visitor-serving accommodation rates shall be defined as rates equal to or less than the annual statewide average room rate minus 25%. "Moderate cost" visitor-serving accommodation rates shall be defined as rates between 75% to 125% of the annual

statewide average room rate. Findings shall consider the need to maintain and protect existing levels of visitor-serving overnight accommodations, maintaining adequate public coastal access for visitors to the area, and environmental justice. If there will be a loss of existing low or moderate-cost visitor-serving overnight accommodations for a period of one year or more (excluding temporary conversion of low or moderate cost rooms for interim supportive or transitional housing during winter months only) then appropriate mitigation shall include, but not be limited to the following measures:

(i)

Construction of equivalent replacement motel/hotel rooms or other low or moderate cost visitor-serving accommodations at a 1 to 1 ratio; and/or

(ii)

If it is determined to be infeasible to provide replacement rooms on or near the project site within the coastal zone as described in the previous subsection, payment of in-lieu fees adequate to provide full replacement of low or moderate cost overnight visitor-serving accommodations.

D.

Date of Final Location Action. The date of final action is:

1.

The date when the appeal period on all local actions has expired without local appeal;

2.

The date of action on the local appeal(s); or

3.

The date the City is notified by the applicant that the application is approved by operation of law pursuant to Sections 65950 through 65957.1 of the Government Code.

E.

Notice of Final Action. Within seven (7) calendar days of the date of the final local action on a local coastal development permit, a notice shall be sent to the Coastal Commission and to any persons who specifically request such notice by submitting a self-addressed, stamped envelope. The notice shall include the written findings of fact required to approve the local coastal development permit and the conditions imposed on the approval, if the permit is approved. Any notice of final local action shall include the procedures for appeal of the action to the Coastal Commission and an indication as to whether the development is in an appealable area.

F.

Appeals to Coastal Commission. All actions on local coastal development permits located seaward of the appealable area boundary, as determined under Section 21.25.908, may be appealed by an aggrieved person to the Coastal Commission according to the procedures of the Coastal Commission, provided that:

1.

All local appeals of City actions provided for by this Title have been exhausted and no fee was charged the appellant for the appeal; and

2.

The Coastal Commission has not appealed the local action.

G.

Effective Date. A local coastal development permit shall be effective as follows:

1.

Outside Appealable Area. On date of final action;

2.

Within Appealable Area. At conclusion of the twenty-first day after final local action, unless:

a.

Appeal. If a permit is appealed, it shall become effective after action on the appeal by the Coastal Commission.

b.

Failure to Go Notice. If notice to the Coastal Commission is not mailed by the City within seven (7) days after final local action, then the permit shall become effective at the conclusion of the fourteenth day after a complete notice is mailed but no sooner than at the conclusion of the twenty-first day after final local action.

c.

Inadequate Filing. If the Coastal Commission notifies the City and the applicant that notice was not received or distributed in a timely manner or that the notice was not complete or does not adequately describe the development, then the permit becomes effective at the conclusion of the fourteenth day after receipt of such a notice from the Coastal Commission or on the date specified by the Coastal Commission.

(ORD-23-0025 § 2, 2023 ORD-22-0012 § 3, 2022; ORD-20-0025 § 2, 2020; ORD-19-0008 § 2, 2019; Ord. C-6533 § 1 (part), 1988)

This Section establishes procedures for conducting review of by-right land uses and structures to verify that any new or expanded use or structure complies with all of the applicable requirements of this Code.

A.

Applicability. Administrative Land Use Review is required for new or substantial expansions of uses of land or a building, which are: 1) allowed by-right but require compliance with Special Development Standards detailed in Chapters 21.45, 21.51, or 21.52 of this Code; and/or 2) allowed by an existing approved planning application (Site Plan Review, Conditional Use Permit, etc.).

B.

Application. Applications and fees for Administrative Land Use Review shall be submitted in accordance with the provisions set forth in Chapter 21.21.201, Application. The Zoning Administrator may request that the Administrative Land Use Review application be accompanied by a written narrative, plans and other related materials necessary to show that the proposed development, alteration, or use of the site complies with all provisions of this Code and the requirements and conditions of any applicable planning application approval.

C.

Determination. If the Zoning Administrator determines that the proposed use or building conforms to all the applicable development and use standards, the Director shall issue written notice of the Administrative Land Use Review determination within 30 days of the date of receipt of a completed application. An

approved Administrative Land Use Review may include attachments of other written or graphic information, including but not limited to, statements, numeric data, site plans, floor plans and building elevations and sections, as a record of the proposal's conformity with the applicable regulations of this Code.

D.

Exceptions. Administrative Land Use Review is not required for the continuation of previously approved or permitted uses and structures, or uses and structures that are not subject to any building or development code regulations.

E.

Appeals. Administrative Land Use Review decisions are subject to the appeal provisions of Chapter 21.21, Appeals.

(ORD-18-0025 § 14, 2018)

This Section outlines the procedures for processing developments exempt from local coastal permit requirements.

A.

Jurisdiction. The Zoning Administrator, or his designee, shall determine whether a proposed development is exempt, as provided for in Subsection 21.25.903.C of this Chapter.

B.

Means of Determination. Determination that a proposed development is exempt shall be made by checking the proposed development with the certified local coastal program, including all maps, land use designations, implementing zoning regulations and guidelines for exemption.

C.

No Hearing Required. No public hearing or notice shall be required for a project determined to be exempt.

D.

Appeal of Determination. Any person may appeal the Zoning Administrator's determination by requesting a referral of the matter to the Executive Director of the Coastal Commission. If the determination of the Executive Director of the Coastal Commission differs from that of the Zoning Administrator, then the matter shall be resolved by a hearing before the Coastal Commission.

E.

Effective Date. A decision that a development is exempt shall be effective when such a decision is made by the Zoning Administrator, or his designee, unless the decision is appealed.

F.

Records Required. A public record, including the applicant's name, the location and brief description of the development shall be kept for all developments determined to be exempt.

(Ord. C-6533 § 1 (part), 1988)

Only local actions on projects located within the appealable area may be appealed to the Coastal Commission. The determination of whether a project lies seaward of the appealable area boundary shall be made as follows:

A.

Jurisdiction. Determination that a proposed development is seaward of the appealable area boundary shall be made by the Zoning Administrator or his designee.

B.

Means of Determination. Determination shall be made by locating the development on the appealable area boundary map certified as part of the local coastal program.

C.

Appeal of Determination. Any person may appeal the Zoning Administrator's determination by requesting a referral of the matter to the Executive Director of the Coastal Commission. If the determination of the Executive Director of the Coastal Commission differs from that of the Zoning Administrator, then the matter shall be resolved by a hearing before the Coastal Commission.

(Ord. C-6533 § 1 (part), 1988)