In accordance with the Coastal Act, many different
types of projects including subdivisions, road extensions,
grading, design review, conditional use permits, etc. may
require a Coastal Development Permit. However, the Coastal
Development Permit review process is conducted concurrently
with the primary permit review required for the project
itself. In general, the process for Coastal Development
Permits can be summarized as follows:
Step 1 - Applicant Consideration of Project.
Early in the
consideration of a potential project, the applicant should
carefully review the Coastal Land Use Plan (Land Use and
Open Space Elements of the General Plan) and the Coastal
Development Permit Ordinance. Planning staff should be
consulted on whether the project will require a Coastal
Development Permit and for opinions on consistency of the
project with the Local Coastal Program.
Step 2 - Pre-Application Conference.
Depending on the scope
of the project, the applicant may wish to make an
appointment to meet with a member of the Planning or Zoning
staff to discuss project feasibility or process procedure
prior to submitting a formal application.
Step 3 - Determination of Coastal Development Category.
All
development proposals must be reviewed by the Planning or
Zoning staff to determine the applicable coastal
regulations. A determination must be made: 1) as to whether
the project requires a Coastal Development Permit; 2)
whether the permit is issued by the City or the Coastal
Commission; and 3) if the permit is issued by the City,
whether it can be appealed to the Coastal Commission.
Step 4 - Filing of Application.
The applicant will need to
submit the Coastal Development Permit application, including
a location map, site plan with all required information,
filing fee and noticing materials in conjunction with the
primary project application. A staff planner will be
assigned to review the material to make sure all the
required information is provided. The applicant will be
notified within 30 days after filing as to whether the
application is complete or what additional information is
required.
Step 5 - Public Hearing.
At least one public hearing is
required for Coastal Development Permit projects that are
appealable to the Coastal Commission. Other projects will
require public hearings as specified in the Municipal Code.
During the public hearing, staff will make a report and
recommendation. This presentation will be followed by
testimony from the applicant and any other interested
persons who may wish to comment on the application.
Following the close of the public hearing, the decision-
making body will take action to approve, conditionally
approve or deny the request.
Appeals of any Planning Commission or Design Review Board
decision can be made to the City Council by filing an appeal
notice with the City Clerk within twenty calendar days of
the date of the decision (ten calendar days for conditional
use permits in the Downtown Specific Plan area). Any
development that is appealable to the Coastal Commission
must first be appealed to the City Council.
Step 6 - Notice of Final Action.
Within seven days of the
date of final action on a Coastal Development Permit, notice
of the action (including findings and conditions) will be
mailed to the applicant and representative, all interested
persons and the Coastal Commission. Any appeal to the
Coastal Commission must be made by a qualified appellant
within ten working days from the date of Coastal Commission
receipt of the notice of final action.
