Article III — Applications and Notifications

Applications for variance, conditional use permit, coastal development permit or design review, planned residential development permit, comprehensive development plans, signs, and amendment to the text of this title or the zoning map shall be submitted to the city clerk's office upon a prescribed

form. Ten copies of maps, drawings and such other information as specified on the application forms shall be provided unless additional copies are specified. Each application filed by or on behalf of one or more property owners shall be verified by at least one such owner or his/her authorized agent, attesting to the truth and correctness of all facts, statements and information presented. If multiple permits are required, the coastal development permit shall become the main or overriding permit and all other permits will become a part of the coastal development permit.

The coastal development permit application form shall require at least the following items:

• (1) 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 LCP, 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 will be adequately informed as to present uses and plans, both public and private, insofar as they can reasonably be ascertained for the vicinity surrounding the project site. The description of the development shall also include any feasible alternatives or any feasible mitigation measures available 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;

• (2) A description and documentation of the applicant's legal interest in all the property upon which work would be performed, if the application were approved, e.g., ownership, leasehold, enforceable option, authority to acquire the specific property by eminent domain;

• (3) 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 application is not the applicant, written evidence that the signer is authorized to act as the applicant's representative and to bind the applicant in all matters concerning the application;

• (4) In addition to full size drawings, maps, photographs, and other exhibits drawn to scale, either one copy of each drawing, map, photograph, or other exhibit approximately eight and one-half inches by 11 inches, or if the applicant desires to distribute exhibits of a larger size, enough copies reasonably required for distribution to those persons on the city's mailing lists and for inspection by the public in the city office. A reasonable number of additional copies may, at the discretion of the city, be required;

ng, map, photograph, or other exhibit approximately eight and one-half inches by 11 inches, or if the applicant desires to distribute exhibits of a larger size, enough copies reasonably required for distribution to those persons on the city's mailing lists and for inspection by the public in the city office. A reasonable number of additional copies may, at the discretion of the city, be required;

• (5) Any additional information deemed to be required by the city for specific categories of development or for development proposed for specific geographic areas;

• (6) 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 processing the application or may constitute grounds for revocation of the permit.

• (Ord. 179 § 6.17, 2001.)

• (1) The city council shall by resolution establish a schedule of fees, charges and expenses for variances, conditional use permits, planned residential development permits, coastal development permits or design review, coastal development permits for signs which may be found categorically exempt under CEQA, and amendments to the text of this title and the zoning map and other matters pertaining to this title. The schedule of fees may be changed or modified only by resolution of the city council.

• (2) Until all applicable fees, charges, and expenses have been paid in full, no action shall be taken on any application, or other matters for which a fee, charge or payment of expenses is required

by this title or the fee schedule resolution adopted pursuant hereto.

• (3) Any municipal, political or governmental corporation, district body, or public agency is exempted from payment of any fee or charge in connection with an application for any variance, conditional use permit, coastal development permit or design review, planned residential development permit, comprehensive development plan, appeal or zoning ordinance amendment.

• (4) No fee, charge or expense shall be refundable except in any case where the planning commission determines and certifies any such fee or portion thereof has been received in error, in which case the amount received in error may be refunded.

• (Ord. 179 § 6.18, 2001.)

• (1) For actions initiated by one or more property owners for a variance, conditional use, coastal development permit, or appeal from any of the foregoing, the following notification shall be required:

  • (a) City Notice of a Public Hearing for Variances, Conditional Use Permits, or Appeals for Local Actions on Items Other Than Coastal Development Permits. The notice shall indicate the date that an application has been filed, the number assigned to the application, and the applicant's name, a description of the development and its proposed location, and the date, time and place of the hearing, a brief description of the general procedure of local government concerning the conduct of hearing and local actions, the system for local and Coastal Commission appeals, including local fees required. The notice shall be prepared by the city clerk.

  • (b) City Notice of a Public Hearing of Coastal Development Permit Applications Appealable to the Coastal Commission. Within 10 calendar days of accepting an application for an appealable coastal development permit or at least seven 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, 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 perimeter of the parcel on which the development is proposed and to the Commission. The notice shall contain the following information:

    • (i) A statement that the development is within the coastal zone;

    • (ii) The date of filing of the application and the name of the applicant;

    • (iii) The number assigned to the application;

    • (iv) A description of the development and its proposed location;

    • (v) The date, time and place at which the application will be heard by the local governing body or hearing officer;

    • (vi) A brief description of the general procedure of local government concerning the conduct of hearing and local actions;

    • (vii) The system for local and Coastal Commission appeals, including any local fees required.

  • (c) City Notice for Coastal Development Permits Not Appealable to the Coastal Commission.

  • (i) Notice of public hearings for coastal development permits not appealable to the Coastal Commission but that do require a public hearing shall provide at a minimum: notice of developments shall be given at least 10 calendar days before the hearing in the following manner:

    1. If the matter is heard by the planning commission notice shall be published in a newspaper of general circulation or (if there is none) posted in at least three public places in the local jurisdiction;

    2. Notice by first class mail to any person who has filed a written request therefor; 3. Notice by first class mail to property owners within 300 feet;

4. Notice by first class mail to residents within 100 feet of the proposed project;

   5. Notice by first class mail to the Coastal Commission;

   6. The notice shall contain a statement that the proposed development is within the coastal zone. The city may, instead, elect to provide notice in accordance with subsection (1)(b).

   • (ii) Notice of developments which are not appealable to the Coastal Commission and which do not require a public hearing (and which are not categorically excluded) shall be provided as follows: within 10 calendar days of accepting an application for a nonappealable coastal development permit or at least seven calendar days prior to the local decision on the application, the city shall provide notice, by first class mail, of pending development approval. This notice shall be provided to all persons who have requested to be on the mailing list for that development project or for coastal decisions within the city, to all property owners or 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 the name of the applicant;

     3. The number assigned to the application;

     4. A description of development and its proposed location;

     5. The date the application will be acted upon by the city or decision-maker;

     6. The general procedure of the city concerning submission of public comments either in writing or orally prior to the decision;

     7. A statement that a public comment period of sufficient time to allow for the submission of comments by mail will be held prior to the local decision.

• (d) Local Noticing Requirements by Applicant. The applicant shall furnish to the city clerk one stamped envelope addressed to the owner of each parcel of record within 300 feet of each boundary of the subject property for application. The applicant shall ascertain the names and addresses of the owners from the latest equalized assessment roll of the county assessor, or any other records of the county assessor or tax collector which contain more recent information than the assessment roll.

Between the time the application is accepted for filing and the date when notices must be mailed, the applicant must post two notices, at a conspicuous place, easily read by the public, and as close as possible to the subject property. The city shall furnish the applicant with a standardized form to be used for such posting.

If the applicant fails to so post the notice form, distribute notices, or to sign the declaration of posting and distribution no less than 10 days prior to a hearing, or it is determined that the application is incomplete, the city clerk shall withdraw the application from consideration and shall not mail out the hearing notices.

• (2) Determination of Applicable Notice and Hearing Procedures for Local Action on Coastal Development Permits. The determination of whether a development is categorically excluded from coastal development permitting requirements, nonappealable or appealable to the Coastal Commission for purposes of notice, hearing and appeals procedures shall be made by the city at the time the application for development 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 ordinances 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. The local determination may be made by any designated local government employee(s) or any local body as provided in city procedures;

  • (b) If the determination of the city is challenged by the applicant or an interested person, or if the city wishes to have a Commission determination as to the appropriate designation, the city shall notify the Commission by telephone of the dispute/question and shall request an executive director's opinion;

  • (c) The executive director shall, within two working days of the city 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, nonappealable or appealable;

  • (d) Where, after the executive director's investigation, the executive director's determination is not in accordance with the local government 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 geographic region of the state) following the city request.

• (3) Notice and Hearings for General Plan and Zoning Amendments. For actions associated with amendments to the zoning ordinance, zoning map, or general plan, the planning commission shall review and recommend action on the proposed amendment(s). The planning commission shall hold at least one public hearing before approving a recommendation. The city clerk shall publish a notice of the public hearing at least 10 days prior to the public hearing one time in a newspaper of general circulation.

And, if the proposed zoning ordinance amendment affects the permitted uses of real property, or if the proposed general plan amendment affects the permitted uses or intensity of uses of real property, notice shall also be given pursuant to subsection (1) of this section.

After a hearing, the planning commission shall render its decision in the form of a written recommendation to the city council. Upon receipt of the recommendation of the planning commission, the city council shall hold a public hearing. The city clerk shall publish a notice of the public hearing at least 10 days prior to the public hearing one time in a newspaper of general circulation. The city council may approve, modify or disapprove the recommendation of the planning commission; provided that any modification of the proposed ordinance or general plan amendment by the city council not previously considered by the planning commission during its hearing, shall first be referred to the planning commission for report and recommendation, but the planning commission shall not be required to hold a public hearing thereon. Failure of the planning commission to report within 40 days after the reference, shall be deemed to be approval of the proposed modification.

Before approval of any LCP amendment, the city council must make the finding that such amendment meets the requirements of, and is in conformity with, the LCP and the policies of Chapter 3 of the California Coastal Act.

Any amendment approved by the city shall be submitted to the Coastal Commission in accordance with Sections 30510, 30512, 30513 and 30514 of the Public Resources Code and Sections 13551 and 13552 of Title 14 of the California Code of Regulations .

An amendment to the Commission-certified local coastal program shall not become effective after city council adoption until the amendment is submitted pursuant to the requirements of Section 13551 et seq., of the California Code of Regulations and is effectively certified by the California Coastal Commission pursuant to Chapter 6, Article 2, of the California Coastal Act.

• (4) California Environmental Quality Act (CEQA). If CEQA requires a public review period, then the proposed CEQA action will be included in the hearing notices for permit applications. If the public review period for the proposed CEQA action is a greater period of time than what is required for the hearing notices as described in subsections (1) and (2) of this section, then the public review period shall conform to the CEQA requirements.

• (Ord. 179 § 6.19, 2001.)

Upon submission and acceptance of the prescribed application form and fees, an application for a coastal development permit for a sign, which may be found categorically exempt under CEQA guidelines, shall be placed on the planning commission's agenda for consideration. The planning commission shall hear comments from interested members of the public and will consider approval of the sign permit application, with or without conditions. The hearing requirements set forth in Section 18.30.220 shall not be a requirement unless the local action on the CDP is for a sign that is appealable to the Coastal Commission. If a coastal development permit application for a sign can not be found to be categorically exempt from CEQA guidelines, the hearing requirements set forth in Section 18.30.220 shall be required. Whether the permit application is for a sign that is categorically exempt from CEQA or not, the planning commission shall review the coastal development permit application for conformity with the policies and standards of the general plan and LCP, including, but not limited to, the visual resource protection policies in Chapters X and of the LUP and Sections 18.25.140 and 18.25.150 .

(Ord. 179 § 6.20, 2001.)

Interested persons who wish to be notified of planning commission and city council hearings shall be sent such notice if they provide the city with a deposit to cover such costs. (Ord. 179 § 6.21, 2001.)