Rancho Palos Verdes Municipal Code § 17.72.020 Scope

The coastal permit procedure provides for review of proposed development within Specific Plan District I, to determine conformity with the city's coastal specific plan and state regulations.

(Code 1981, § 17.72.010; Ord. No. 149, § 14(part), 1982; Ord. No. 194, § 17(part), 1985; Ord. No. 320, § 7(part), 1997)

Specific Plan District I is the Coastal Specific Plan District. This district comprises all land seaward of Palos Verdes Drive South and Palos Verdes Drive West and is separated into three areas (in addition to the base districts) as indicated on the city official zoning map: the coastal zone, the coastal structure setback zone, and the coastal setback zone. Within these zones are designated areas which development therein is non-appealable or appealable, from a city decision to the coastal commission. As noted on the official map on file with the director, appealable areas are those areas which are located between the mean high tide line and the first public road; and non-appealable areas are those areas which are located landward of the first public road to Palos Verdes Drive South and Palos Verdes Drive West.

(Code 1981, § 17.72.020; Ord. No. 320, § 7(part), 1997)

The determination of whether a development is excluded from this chapter, appealable or non-appealable shall be made by the director at the time the application for development within the Coastal Specific Plan District is submitted. The director's decision may be appealed to the planning commission and the planning commission's decision may be appealed to the city council pursuant to the appeal procedures described in chapter 17.80 (Hearing notice and appeal procedures) of this title. This determination shall be made with reference to the coastal specific plan, including any maps, exclusions, land use designations and zoning ordinances which are adopted as part of the coastal specific plan. Where an applicant, an interested person or the city has a question as to the appropriate designation for a development, the following procedures shall establish whether a development is excluded, appealable or non-appealable.

A. The city shall make its determination as to what type of development is being proposed (i.e., excluded, appealable, non-appealable) and shall inform the applicant of the notice and hearing requirements for that particular development.

B. If the determination of the director 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 request a written opinion from the executive director of the coastal commission.

C. Where, after the executive director's investigation, the executive director's determination is not in accordance with the city determination, the coastal commission shall hold a hearing for purposes of determining the appropriate designation for the development.

(Code 1981, § 17.72.030; Ord. No. 149, § 14(part), 1982; Ord. No. 320, § 7(part), 1997)

The following uses and developments may be allowed with the approval of a coastal permit:

A. Uses and developments permitted in the Coastal Zone. Uses and developments allowed shall be as specified in the base zoning districts.

B. Uses and developments permitted in the Coastal Structure Setback Zone. Any new permanent structures in this zone are prohibited, including, but not limited to, pools, spas, vertical support members and chimneys. Minor structures and equipment, such as trash enclosures, storage sheds of less than 120 square feet, doghouses, enclosed water heaters, barbecues, garden walls, air conditioners, pool filters, vents and other minor structures and/or equipment may be allowed. In addition, decks, walkways or similar ground surfacing less than six inches in height, as measured from adjacent existing grade, shall be allowed.

C. Uses and developments permitted in the Coastal Setback Zone. One minor addition may be allowed to each residence that is partially or totally within this zone and was existing as of December 26, 1975, provided:

1. The addition is less than 250 square feet;

2. There is no reasonable, alternative location outside the coastal setback zone for the addition;

3. Grading involving more than 20 cubic yards or more than three feet of cut or fill is not required;

4. No plumbing is involved, unless a sewer system connection is available or a holding tank is constructed to meet the capacity requirements determined by the city's building official; and

5. A geology report is submitted by the applicant with the coastal permit application and is approved by the city geologist. Residential density credit will be granted only for areas proven to the city's satisfaction to be stable.

Golf courses, and accessory structures associated with golf courses, public passive recreational improvements, including, but not limited to, trails, signage or protective fencing may be permitted in the coastal setback zone, provided that a conditional use permit is approved pursuant to chapter 17.60 (Conditional Use Permits) of this title, and a geology report is approved by the city's geologist. All other new uses and developments in this zone are prohibited, including, but not limited to, slabs, walkways, decks six inches or more in height, walls or structures over 42 inches in height, fountains, irrigation systems, pools, spas, architectural features, such as cornices, eaves, belt courses, vertical supports or members, and chimneys and grading involving more than 20 cubic yards of earth movement, or more than three feet of cut or fill.

(Code 1981, § 17.72.040; Ord. No. 320, § 7(part), 1997)

The following uses and developments are not subject to the coastal permit requirements, provided that such uses and developments are not located in the coastal setback zone and do not create a coastal risk of adverse environmental effect, as defined in chapter 17.96 (Definitions) of this title; a significant alteration of landforms; expansion or construction of water wells or septic systems; additional square footage where a previous coastal permit required a permit for future additions; adverse effect on public access; or a change in use contrary to the coastal specific plan:

A. Trails;

B. Fences and walls;

C. Drainage structures;

D. Landscaping and landscape furniture;

E. Repairs or maintenance to existing structures;

F. The installation, testing and placement in service or the replacement of any necessary utility connection between an approved development and an existing service facility, that conforms to city ordinances;

G. Minor public works projects, such as the erection of public signs; the painting or removing of street lines, parking space designations, or painting or removing paint from curbs; the maintenance and repair of public streets; the installation and maintenance of landscaping; the maintenance of city utilities, repair and improvement of structures maintained, used or owned by the city; and the repair, replacement, maintenance or development of public facilities under emergency circumstances;

H. Replacement of any structure destroyed by a natural disaster, other than a major public works facility;

I. Any category of development determined by the coastal commission to have no potential for any significant local impact on coastal resource or public access;

J. Within the appealable development areas, additions of ten percent or less of the existing square footage, which do not add a story or loft and do not require a variance application;

K. Within the non-appealable development areas, any changes requiring only a site plan review application;

L. Filling an existing swimming pool/spa with dirt.

(Code 1981, § 17.72.050; Ord. No. 320, § 7(part), 1997; Ord. No. 529, § 16, 11-15-2011)

The filing fee for a coastal permit shall be as established by resolution of the city council.

(Code 1981, § 17.72.060; Ord. No. 149, § 14(part), 1982; Ord. No. 320, § 7(part), 1997)

Notwithstanding the provisions of chapter 17.80 (Hearing notice and appeal procedures) of this title, the provisions of this section shall constitute the minimum notice for the review of coastal development. Notices may be consolidated with other required notices.

A. Coastal excluded developments. A permit issued by the city for a development which is excluded from the coastal permit requirements, as defined in chapter 17.96 (Definitions) of this title, shall be exempt from the notice and hearing requirements of this chapter.

B. Coastal appealable developments.

1. At least ten calendar days prior to the first public hearing on an appealable development proposal, as defined in chapter 17.96 (Definitions) of this title, the city shall provide notice by first class mail of the pending application. This notice shall be provided to:

a. Each applicant;

b. All persons who have supplied self-addressed, stamped envelopes for that development project or for coastal decisions within the city;

c. All owners and residents of property located within 100 feet of the perimeter of the parcel on which the development is proposed; or, if the number of such properties is less than ten, to all owners and residents of the ten properties nearest to such parcel; and

d. The coastal commission.

2. The notice shall contain the following information:

a. A statement that the development is within the coastal specific plan district;

b. The date of filing of the application and the name of the applicant;

c. The number assigned to the application;

d. The location and description of the proposed development;

e. The date, time and place at which and by whom the application will be heard;

f. A brief description of the general procedure concerning the conduct of hearing and local actions; and

g. The system for city and coastal commission appeals.

3. If a decision on an appealable coastal permit is continued by the city to a time which is neither:

(a) Previously stated in the notice; nor

(b) Announced at the hearing as being continued to a time certain, the city shall provide notice of any further hearings and of any action taken on the proposed development, as provided in section 17.72.080(B) of this chapter.

C. Coastal non-appealable developments with hearing. Notice of non-appealable developments, as defined in chapter 17.96 (Definitions) of this title, within the Coastal Specific Plan District that require a public hearing under city ordinance shall be provided in accordance with existing city notice requirements, incorporating the following criteria:

1. At least ten calendar days before a hearing, the city shall provide notice by first class mail of the pending application. This notice shall be provided to:

a. All persons who have supplied self-addressed, stamped envelopes for notice of that development project or for coastal decisions in the city;

b. All owners and residents of property within 100 feet of the perimeter of the proposed development; or, if the number of such properties is less than ten, to all owners and residents of the ten properties nearest to such parcel; and

c. The coastal commission.

2. Notice of the proposed development shall be published in a newspaper of general circulation in the city.

3. The notice shall contain a statement that the proposed development is within the coastal specific plan district.

D. Coastal non-appealable developments without hearing. Notice of non-appealable developments, as defined in chapter 17.96 (Definitions) of this title, within the coastal specific plan district which do not require a public hearing under city ordinance, shall be provided as follows:

1. At least seven calendar days prior to the decision on the application, the city shall provide notice by first class mail of the proposed development. This notice shall be provided to:

a. All persons who have supplied self-addressed, stamped envelopes for that development project or for coastal decisions within the city;

b. All owners and residents of property within 100 feet of the perimeter of the parcel on which the development is proposed; and

c. The coastal commission.

2. The notice shall contain the following information:

a. A statement that the development is within the coastal specific plan district;

b. The date of filing of the application and the name of the applicant;

c. The number assigned to the application;

d. The location and description of the proposed development;

e. The date the application will be acted upon and by whom;

f. The general procedure of the city concerning the submission of written and oral public comments prior to the decision; and

g. A statement that a public comment period of sufficient time to allow for the submission of comments by mail will be observed before the decision is made.

E. Final city decision. This section does not apply to excluded developments. Within seven calendar days of a final decision on an application for any coastal development, after all city appeal periods have been exhausted, the city shall provide notice of its final 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. Such notice shall include written findings and the procedures for appeal of the local decision to the coastal commission.

F. Failure to act. When the city determines that the time limits established pursuant to Government Code §§ 65950—65957.1 have expired, the city shall, within seven calendar days of such determination, notify any person entitled to receive notice 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 only upon the receipt of the city notice by the coastal commission. This section shall apply equally to the city 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.

(Code 1981, § 17.72.070; Ord. No. 149, § 14, 1982; Ord. No. 194, § 17(part), 1985; Ord. No. 320, § 7(part), 1997)

A. At least one public hearing shall be held on each of the following applications:

1. For an appealable development; or

2. For a non-appealable development which requires a public hearing pursuant to section 17.72.070(C), thereby affording any persons the opportunity to appear at the hearing and inform the city of the nature of their concerns regarding the project. The public hearing shall be conducted by the hearings officer, the planning commission or by the city council when the application satisfies the criteria of subsection (C) of this section.

B. Applications for coastal permits for non-appealable developments which do not require a public hearing under the provisions of this chapter, but which do require a public hearing pursuant to another city ordinance, may be heard concurrently with the other development application.

C. To expedite review of an application, the city council may conduct the public hearing thereon, without having the application heard first by the hearings officer or the planning commission, when the purpose of the application for a coastal permit is:

1. To conduct geotechnical or geological investigations, including, but not limited to, associated site preparation or similar work, and construction of access or other improvements necessary to the investigations;

2. To perform landslide remediation work, including, but not limited to, grading and installation of drainage improvements; or

3. To maintain access or essential public services.

(Code 1981, § 17.72.080; Ord. No. 149, § 14(part), 1982; Ord. No. 320, § 7(part), 1997)

In granting a coastal permit, the following findings must be made:

A. That the proposed development is consistent with the coastal specific plan; and

B. That the proposed development, when located between the sea and the first public road, is consistent with applicable public access and recreation policies of the Coastal Act.

(Code 1981, § 17.72.090; Ord. No. 149, § 14(part), 1982; Ord. No. 320, § 7(part), 1997)

A. Appeals to the planning commission. The petitioner or any other interested person may appeal any decision of the hearings officer by filing a written request with the secretary of the planning commission within 15 days after the decision is made. If such an appeal is made, a copy of the hearings officer's findings shall be transmitted to the planning commission and coastal commission together with the request for appeal, and the planning commission shall confirm or deny the appeal. The planning commission shall conduct public hearings subject to the procedures and notification. The planning commission may do one of the following:

1. Approve the application upon finding that all applicable findings have been correctly made and all of the provisions of titles 16 and 17 of this Code, and the California Coastal Act of 1976 (Public Resources Code § 30000 et seq.), have been complied with;

2. Approve the application but impose additional or different conditions or guarantees as it deems necessary to fulfill the purposes of titles 16 and 17 of this Code and the California Coastal Act of 1976 (Public Resources Code § 30000 et seq.);

3. Deny the application without prejudice, upon a finding that all applicable findings have not been correctly made or all provisions of titles 16 and 17 of this Code and the California Coastal Act of 1976 (Public Resources Code § 30000 et seq.) have not been complied with but that, in either case, the application has merit and may possibly be modified to conform with the provisions of titles 16 and 17 of this Code and the California Coastal Act of 1976;

4. Disapprove the application upon finding that all applicable findings cannot be made or all provisions of titles 16 and 17 of this Code and the California Coastal Act of 1976 (Public Resources Code § 30000 et seq.) have not been complied with; or

5. Refer the matter to the hearings officer with instructions. Notice of final action shall be given pursuant to section 17.72.080(E) of this chapter, after all city appeal periods have been exhausted.

B. Appeals to the city council. The petitioner or any other interested person may appeal any decision of the planning commission by filing a written request with the city clerk within 15 calendar days after the planning commission decision is made. If such an appeal is made, a copy of the planning commission findings shall be transmitted to the city council and coastal commission together with the request for appeal and the city council shall confirm or deny the appeal. The city council shall conduct public hearings subject to the procedures and notification required of the planning commission. The city council may do one of the following:

1. Approve the application upon finding that all applicable findings have been correctly made and all provisions of titles 16 and 17 of this Code and the California Coastal Act of 1976 (Public Resources Code § 30000 et seq.) are complied with;

2. Approve the application but impose additional or different conditions or guarantees as it deems necessary to fulfill the purposes of titles 16 and 17 of this Code and the California Coastal Act of 1976 (Public Resources Code § 30000 et seq.);

3. Deny the application without prejudice, upon a finding that all applicable findings have not been correctly made or all provisions of titles 16 and title 17 of this Code and the California Coastal Act of 1976 (Public Resources Code § 30000 et seq.) have not been complied with but that, in either case, the application has merit and may possibly be modified to conform with the provisions of titles 16 and 17 of this Code and the California Coastal Act of 1976;

4. Disapprove the application upon finding that all applicable findings cannot be made or all provisions of titles 16 and 17 of this Code and the California Coastal Act of 1976 (Public Resources Code § 30000 et seq.) have not been complied with; or

5. Refer the matter to the planning commission, with instructions.

Notice of final action shall be given pursuant to section 17.72.080(E) of this chapter, after all city appeal periods have been exhausted.

C. Exhaustion of appeals. Exhaustion of all city appeals shall be required before an appeal is filed with the coastal commission, unless any of the following occur:

1. The city requires an appellant to appeal to more appellate bodies than have been certified as such, for permits in the coastal specific plan district;

2. An appellant was denied the right of the initial appeal by a city ordinance which restricts the class of persons who may appeal a city decision;

3. An appellant was denied the right of city appeal because notices and hearing procedures for the development did not comply with required procedures; or

4. An appeal fee for the filing or processing of an appeal is not waived by the city.

D. Appeals to the coastal commission. An appeal of the city's final decision may be filed by an applicant, any aggrieved person or any two members of the coastal commission. Where at any decision stage a project is appealed by any two members of the coastal commission, notice shall be transmitted to the city council. 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 body modifies or reverses the previous decision, the coastal commission may appeal the city council's decision.

E. Appeal fee waiver. All appeal fees related to the city's coastal permit appellate procedure pursuant to this section shall be waived.

(Code 1981, § 17.72.100; Ord. No. 149, § 14(part), 1982; Ord. No. 320, § 7(part), 1997)

A. City action. The city decision on an application for a coastal development shall be deemed final when:

(1) The decision on the application has been made and all required findings have been adopted; and

(2) All city rights of appeal have been exhausted.

B. Effective date of city action. A final decision on an application for an appealable development shall become effective after ten working days following the final action if no appeal has been filed to the coastal commission, or after 21 calendar days following the final action unless any of the following occur:

1. An appeal is filed in accordance with section 17.72.100 of this chapter;

2. The notice of final city action does not meet the requirements of section 17.72.080(E) of this chapter; and

3. The notice of final city action is not received in the coastal commission office in time to allow for the ten working day appeal period or the 21 calendar day appeal period after the city's decision.

Where any of the above circumstances occur, the coastal commission shall, within five calendar days of receiving notice of that circumstance, notify the city and the applicant that the effective date of the city action has been suspended.

(Code 1981, § 17.72.110; Ord. No. 149, § 14(part), 1982; Ord. No. 320, § 7(part), 1997)

A. If other development permits are granted for a project along with a coastal permit which is appealed to the coastal commission, the date of approval by the city of the other permits, for purposes of determining the life of said permits, shall be coincidental with the life of the coastal commission's permit, unless the approval of the other permits specifically provides to the contrary. This section shall apply retroactively to any applicable project which has been approved by the city but has not yet been developed.

B. In order to eliminate any ambiguity concerning the application of this section to conditional use permit No. 136, which was approved by the city council in 1991, the city council expressly declares that this section is to apply to that conditional use permit.

(Code 1981, § 17.72.120; Ord. No. 282, 1993; Ord. No. 320, § 7(part), 1997)

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(Code 1981, § 17.72.130; Ord. No. 529, § 38, 11-15-2011)

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