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Attachment 5 - Coronado Municipal Code Amendments in Redline

Coronado City Council
April 9, 2024

Document
Attachment 5 - Coronado Municipal Code Amendments in Redline
Meeting
April 9, 2024
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Coronado City Council
Pages
208
Original file
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Text extracted from the city's file for reading and search. Open the original on coronado.primegov.com. That file is the official record.

The Coronado Municipal Code is current through Ordinance 2023-01, passed March 7, 2023.

F. Formed plastic or injection-molded signs.

G. Freestanding pole signs.

H. Internally illuminated can signs with translucent copy and field.

I. Internally illuminated channel letter signs (reverse channel letter signs are permitted).

J. Movable freestanding signs with the exception of construction signs and real estate signs, and movable commercial signs conforming to CMC 86.60.115.

K. Paper, cloth or plastic streamers or bunting – except seasonal holiday decorations.

L. Roof signs.

M. Rotating, moving, emitting, or flashing signs.

N. Traffic sign replicas.

O. Vehicle signs. (Ord. 1954 § 27, 2003; Ord. 1854; Ord. 1831; Ord. 1710)

86.60.050 Signs on public property.

No person except an authorized agent of the City of Coronado or any other appropriate government agency shall paint, mark or write on, impress, attach, erect, post, or otherwise affix or maintain any sign to or upon any public property or public right-of-way. (Ord. 1710)

86.60.060 Regulation by zone.

A. Only signs for purposes consistent with the uses or activities authorized within the zone or for the particular lot may be erected or maintained.

B. The total sign area on a lot subject to R-1A or R-1B regulations shall not exceed six square feet.

C. The total sign area on a lot subject to R-3 regulations shall not exceed 12 square feet.

D. The total sign area on a lot subject to R-4,
R-5, P, R-PCD, or R-SCD Zone regulations shall not exceed 24 square feet.

E. For lots subject to the C-R or H-M regulations:

1. Commercial or nonresidential uses shall be allowed a maximum of one square foot per each lineal foot of the use’s street frontage. Sign area permitted may not exceed 80 square feet on one side of a building for a single use. A-frame or portable signs are not included in this total.

2. Total sign area per lot for a lot solely occupied by residential uses shall not exceed 12 square feet.

3. Total sign area for each dwelling on lots occupied both residential and nonresidential uses shall not exceed six square feet.

4. Sign height including freestanding signs shall not exceed the height of the tallest building on the lot. Signs applied to the surface of the building shall not exceed the height of the building, and in no case shall a sign exceed 40 feet in height. Freestanding signs shall not exceed a height of 12 feet, except freestanding signs serving hotels or motels in the H-M Zone which shall not exceed a height of 15 feet.

F. The total sign area for a lot subject to C-U or OS regulations shall not exceed 90 square feet on any street frontage. (Ord. 1954 § 28, 2003; Ord. 1710; Ord. 1675)
Attachment 5
Coronado Municipal Code
Chapter 86.60 SIGNS

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The Coronado Municipal Code is current through Ordinance 2023-01, passed March 7, 2023.

86.60.065 Signs serving uses requiring a special use permit.

Signs for those uses requiring a special use permit shall be governed by the special use permit. Only by variance may the sign(s) exceed those standards allowed in the zone where the use would normally be allowed by right. (Ord. 1710)

86.60.070 Commercial signs for gas station.

A. Signs for the inspection of air pollution control devices, lights and brakes shall be permitted only when attached to the service station building.

B. One sign identifying the operator of the premises and address of the building, and not exceeding six square feet in area is allowed.

C. Gasoline stations shall post the full service and/or self service prices (per gallon or per liter) of all grades of fuel that the station sells in a manner visible from all streets that the station fronts. The price sign text shall have the word “gasoline” or words “motor fuel,” the trade name or brand, and the grade designation of the motor vehicle fuel. Price numerals shall be at least six inches high. All other letters or numerals shall be no less than one-third the height of the price numerals. The price sign shall be no larger than 15 square feet per face (if the station is only full service or self service) and 17.5 square feet per face (if the station is both full service and self service). No more than one sign shall be permitted per gas pump island per street frontage. All price signs shall be removable, with use of signs required at all times when the station is conducting business.

86.60.075 Commercial signs for theaters and auditoriums.

Signs for theaters and auditoriums may be erected or maintained contrary to the other provisions of this chapter only upon the prior approval of the Design Review Commission upon a showing of special circumstances.

86.60.080 Complex signs.

Complex signs may be erected and maintained only upon the prior approval of the Design Review Commission upon a showing that the complex signs are compatible with the total sign program of the development.

86.60.090 Off-premises sign.

An off-premises sign may be erected or maintained only upon the prior approval of the Design Review Commission upon a showing of extreme hardship due to the unique location of the property which the sign serves. Except, without the approval of the Design Review Commission, an owner of real property or his or her agent may display or have displayed real estate signs:

A. On the real property of such owner; or
B. On real property owned by others with their consent. (Ord. 1816)

86.60.100 Temporary signs.

A. In any zone, temporary signs not exceeding 20 square feet may be erected and maintained for no longer than 30 days upon the prior approval of the Director of Community Development upon a showing of compliance with the general provisions and prohibited sign provisions of this chapter.

B. Design Review Commission approval is required for temporary signs exceeding a size of 20 square feet or a 30- day use period.

C. Temporary “banner” type flag signs advertising nonprofit and nonpolitical special events of community-wide interest may be erected and maintained in any zone for a period not to exceed seven days without City approval.

Such signs cannot be relocated from place to place within the City in order to exceed the seven-day limit, nor can they be erected and maintained in place more than seven days in any 30-day period or 14 days during any 365-day period without the appropriate City approval.

D. The applicant shall remove said signs immediately after the event or approved use period. (Ord. 1710)

86.60.105 Searchlight signs.

Searchlight signs may be erected and maintained only upon the prior approval of the Design Review Commission upon a showing of compliance with the general regulations and prohibited sign provisions of this chapter.

Attachment 5
Coronado Municipal Code
Chapter 86.60 SIGNS

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The Coronado Municipal Code is current through Ordinance 2023-01, passed March 7, 2023.

86.60.110 Real estate signs.

Real estate signs shall not be illuminated signs, exceed an area of six square feet on any street frontage of a lot, or exceed a height of four feet in the R-1A or R-1B Zones. Such signs shall be located on the premises the sign serves, or may be permitted off-premises as described in CMC 86.60.090(A) and (B), and must be removed within 15 days of close of escrow, or the signing of a rental agreement or lease. Real estate signs are prohibited from all public rights-of-way. (Ord. 1816)

86.60.115 Movable commercial signs.

Movable commercial A-frame, H-frame, or easel type signs may be permitted for businesses to advertise menus, sale items, or other business promotions. These signs shall be designed to complement the decor of the business or building where they occur and shall comply with the following standards:

A. One movable, freestanding sign shall be permitted for each business.

B. All signs shall be located on private property and must allow sufficient access to doors/pathways and not impede pedestrian movement. The location on private property shall be verified and approved by the Department of Community Development.

C. The maximum allowable size of the sign and supporting structure shall not exceed 48 inches height, 30 inches width, and 36 inches depth. The maximum sign area shall not exceed 10 square feet. The square footage of these signs shall not be included within the allowable sign area permitted in CMC 86.60.060(E).

D. Signs shall not contain illumination.

E. Signs consisting only of plastic backgrounds and individual plastic interchangeable letters are prohibited.

F. The design and materials of all signs shall require approval by the Department of Community Development prior to fabrication.

G. Signs of unique design which deviate from these standards must obtain approval from the Design Review Commission. (Ord. 1854)

86.60.120 Signs on vehicles.

No person shall drive, operate, move in and along, or park on any street or on public or private property any truck, trailer, carriage, wagon, sled, or any other vehicle or portable structure on which is attached or maintained any sign unless:

A. The sign is painted on or otherwise affixed so as to not project from the usual profile of the vehicle.

B. The vehicle is not parked in a manner to circumvent the standards of this chapter for the amount or type of signing permissible on a site by either parking on the site or on public rights-of-way immediately adjoining the site in such a manner as to call attention to the sign or vehicle.

86.60.130 Abandoned signs.

No person shall allow any sign to remain on property owned, occupied or controlled by such person which advertises or identifies a business activity which has not been conducted on such property for a period of 90 days or more.

86.60.140 Approval not required.

If in compliance with the design, location, size and other regulations of this chapter, the following signs do not require design review by the City:

A. No more than three square feet of total, on-site, “window sign” sign area.

B. Signs not exceeding six square feet and serving on-site residential uses.

C. Signs on motor vehicles.

Attachment 5
Coronado Municipal Code
Chapter 86.60 SIGNS

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The Coronado Municipal Code is current through Ordinance 2023-01, passed March 7, 2023.

D. Political signs.

E. Real estate signs, both on-site and off-site, not exceeding six square feet total on any lot, not adversely affecting public safety, including traffic safety, and not in the public right-of-way.

F. Movable commercial signs. (Ord. 1854; Ord. 1831; Ord. 1816)

86.60.150 Approval required.

Unless otherwise provided, any person erecting, placing, changing color, moving, reconstructing, altering, or displaying any sign must first obtain Design Review Commission approval from the City of Coronado.

86.60.160 Application for approval.

The applicant shall submit to the Department of Community Development at least 12 working days prior to the regularly scheduled meeting of the Design Review Commission an application for design review on forms prescribed by the Department. The application shall include a sign plan with information proscribed by the Department. The applicant shall pay a filing fee as set by City Council resolution.

86.60.180 Action by Design Review Commission.

A. The Design Review Commission shall review the sign plan to ensure that the plan is within the specified standards set forth in CMC Title 80, Design Review, and CMC Title 88, Orange Avenue Corridor Specific Plan.

B. The Commission may approve, conditionally approve, or disapprove a sign plan. Conditional approval may include a requirement that the approval may be revoked and the sign removed upon the happening of a specified event. (Ord. 2018 §§ 10, 11, 2010; Ord. 1954 § 29, 2003)

86.60.190 Appeal.

A decision on an application shall be final 10 calendar days thereafter unless an appeal is filed with the City Clerk in accordance with Chapter 1.12 CMC. (Ord. 2025 § 43, 2011)

86.60.195 Variance.

Variances from standards or regulations set forth in this chapter may be granted by the Planning Commission pursuant to the process provided for in Chapter 86.52 CMC. The fee for sign variance requests for existing legal nonconforming signs will be waived. (Ord. 1710)

86.60.200 Enforcement.

A. Any sign which was lawfully erected prior to the effective date of this chapter and which never received Environment Design Review Commission approval as the sign(s) exists and which does not conform to the standards of this chapter shall be removed or modified so as to bring it into conformance with the standards of this chapter by December 31, 1988.

B. Any sign which was lawfully erected prior to the effective date of this chapter and did receive Environment Design Review Commission approval as it exists and which does not conform to the standards of this chapter shall be removed or modified so as to bring it into conformance with the standards of this chapter within 15 years of the date that the Design Review Commission approved said sign(s).

C. Any sign which is unlawfully erected at any time shall be subject to removal or modification so as to bring it into conformance with the standards of this chapter under the procedures contained in State law (see Section 5490 of the Business and Professions Code); except, any person who lawfully erects a sign on public property or on private property without the consent of the property owner who requests a sign be removed by a City official shall pay a removal and storage fee adopted by resolution of the City Council.

D. If any work is performed on a nonconforming sign which was previously approved by the Design Review Commission (other than required maintenance) involving a structural change in the sign display, such sign shall immediately lose its legal nonconforming status and shall be required to immediately conform to all the regulations within the zone at that time.

E. An owner whose sign is subject to the abatement periods specified in this section may apply to the City Council during such period for an extension. Upon a substantial showing by the owner that the owner has acted lawfully in Attachment 5
Coronado Municipal Code
Chapter 86.60 SIGNS

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The Coronado Municipal Code is current through Ordinance 2023-01, passed March 7, 2023. developing his property and that a fair return on his financial investment in the subject sign requires the sign to exist beyond the established abatement period, the City Council may extend the abatement period for that sign to any time the Council deems appropriate to allow a fair, financial return.

F. An owner whose sign is subject to the abatement periods specified in this section and feels that the subject sign is historical may apply to the Historic Resource Commission during such period for a historic resource sign designation. This provision allows signs which are historical to continue to be used and maintained which would not otherwise be permitted by this title. The “historic resource” sign designation shall extend the abatement period for 10 years. At the end of this 10-year period the owner of the subject sign may apply to the Historic Resource Commission for an extension. (Ord. 1816; Ord. 1710)

86.60.210 Historic sign designation.

A. Any property owner may apply to the Historic Resource Commission for the designation of a sign on the individual’s property in accordance with Chapter 70.20 CMC.

B. Historic Resource Commission Action.

1. The Commission may approve, disapprove or conditionally approve an application for “historic resource” designation signs;

2. The decision of the Commission shall become final 10 days after unless a notice of appeal to the City Council is filed with the Secretary of the City Council; and

3. If the designation is approved or conditionally approved, the Secretary to the Commission shall cause a notice of designation to be recorded in the Office of the County Recorder. (Ord. 1710)

86.60.220 Historic alteration permit.

A historic alteration permit shall be required as per CMC Title 84 for the removal, demolition, or substantial alteration of any sign that has been designated as a historic resource, unless this sign is governed by an expired abatement period. (Ord. 2018 § 15, 2010)
Attachment 5
Coronado Municipal Code
Chapter 86.64 WP – WILDLIFE PRESERVE ZONE
(MODIFYING OVERLAY ZONE)

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The Coronado Municipal Code is current through Ordinance 2023-01, passed March 7, 2023.

Chapter 86.64
WP – WILDLIFE PRESERVE ZONE (MODIFYING OVERLAY ZONE)
Sections:

86.64.010 Purpose and intent.

86.64.020 Uses permitted.

86.64.030 Review.

86.64.040 Location.

86.64.010 Purpose and intent.

The purpose and intent of the WP Modifying Zone regulations contained in this chapter are to protect and preserve valuable and unique environmental resources for the enjoyment and benefit of present and future generations of Californians. This zone designation is advisory for those areas within the corporate boundaries of the City but not under the zoning jurisdiction of the City of Coronado. This zone is mandatory for those areas under direct jurisdiction of the City of Coronado. This modifying zone is to be superior to all other modifying zones. (Ord. 1481)

86.64.020 Uses permitted.

The following uses shall be allowed in the WP Modifying Zone:

A. Wildlife preserves.

B. Botanical gardens or conservation areas.

C. Archaeological, geological or paleontological excavations by recognized archaeologists, geologists or paleontologists and authorized by the City.

D. Off-road paved or unpaved walkway or bicycle path.

E. Salt evaporation ponds, subject to a special use permit.

F. Aquaculture, subject to a special use permit.

G. The YMCA Camp at its present site.

H. The military facilities and activities on the Naval Communication Station property west of State Scenic Highway

75. I. Overhead or underground utility transmission/distribution facilities.

J. The following accessory uses in conjunction with one or more of the above primary uses:

1. Paved or unpaved parking facilities and access roads for those individuals who are utilizing the site for one of the designated primary uses or who maintain the site for one of the designated uses.

2. Small permanent information facility to primarily be used to inform the general public of the unique qualities of the site.

3. Signs intended to inform the general public of the qualities of the site, to protect individuals from harm or inconvenience, and to preserve and protect the habitat qualities of the site and the species that frequent the site.

4. Trash receptacles, seating facilities, drinking fountains, sunken viewing blinds, fences, bicycle racks or any other similar facility deemed necessary to successfully utilize the site in a primary designated use.

86.64.030 Review.

A. The Planning Commission and City Council shall review for approval or disapproval all proposed uses in the WP Modifying Zone for conformance with the purpose and intent of this zone.

Attachment 5
Coronado Municipal Code
Chapter 86.64 WP – WILDLIFE PRESERVE ZONE
(MODIFYING OVERLAY ZONE)

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The Coronado Municipal Code is current through Ordinance 2023-01, passed March 7, 2023.

B. The Design Review Commission shall review all proposed structures, signs or facilities within the WP Modifying Zone for conformance with the purpose and intent of this zone and for their visual impact on views from any public road or water way.

C. Appeal of a Planning Commission or Design Review Commission decision may be made in writing to the City Council within 15 days after such review.

86.64.040 Location.

The WP Modifying Zone shall include the following areas:

A. That area within the City of Coronado that is encompassed by the City of Imperial Beach; the Pacific Ocean; the southern boundary of Silver Strand State Beach; Highway 75; the boundary between the Coronado Cays residential development and the salt marsh established by the Coronado Cays Company; the southern shoreline of the Coronado Cays; latitude 32º 37'; and the municipal boundary line shared by the Cities of Coronado and San Diego in San Diego Bay.

B. Any other area so designated by the Planning Commission and the City Council after a noticed public hearing is held on the matter at least 10 days prior to such designation. (Ord. 1578) Attachment 5
Coronado Municipal Code
Chapter 86.70 COASTAL PERMITS

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The Coronado Municipal Code is current through Ordinance 2023-01, passed March 7, 2023.

Chapter 86.70

COASTAL PERMITS
Sections:

86.70.010 Purpose and intent.

86.70.020 City coastal permit authority.

86.70.030 Development defined.

86.70.040 Exemption of development categories from City coastal permit requirements.

86.70.045 Repealed.

86.70.050 Activities requiring a coastal permit.

86.70.052 Exempt categories of development.

86.70.060 Categorically exempt geographic areas.

86.70.070 Coastal Permit Administrator – Purpose.

86.70.080 Authority and duties of Coastal Permit Administrator.

86.70.090 Application and fee for coastal permit.

86.70.100 Application procedure – Hearing, notice.

86.70.110 Findings, decision and issuance of coastal permit.

86.70.115 By-Right Approval Process.

86.70.120 Coastal permit relationship to building permit.

86.70.130 Coastal permit time limit and renewal.

86.70.135 Coastal permit amendment.

86.70.140 Coastal permit revocation.

86.70.150 Coastal permit revocation – Notice, appeal.

86.70.160 Procedure for open space easements and public access documents.

86.70.170 Reserved.

86.70.180 Coastal permit appeal procedure.

86.70.190 Coastal permit appeal – Hearing, notice.

86.70.200 Appeals to the California Coastal Commission.

86.70.210 Emergency temporary waiver of coastal permit.

86.70.010 Purpose and intent.

This chapter is enacted to specify the coastal permit process, and the circumstances to which the process applies in order to assure compliance to the California Coastal Act. This chapter recognizes that three areas of jurisdiction exist in the City:

A. Areas under sole City coastal permit authority;
B. Areas under City coastal permit authority, but appealable to the California Coastal Commission; and C. Areas not under City coastal permit authority (i.e., Federal government military property, areas under San Diego Unified Port District coastal permit jurisdiction and areas that remain within California coastal permit authority). (Ord. 1588; Ord. 1562)

86.70.020 City coastal permit authority.

Federal government property and areas under San Diego Unified Port District coastal permit jurisdiction are not under City coastal permit authority.

86.70.030 Development defined.

For the purpose of this chapter, “development” means, on land, in or under water, the placement, erection, construction, reconstruction, demolition, or alteration of the size of any solid material, building, structure, road, pipe, conduit, siphon, telephone line, or electrical power transmission and distribution line; the discharge or disposal of any dredged material or of any gaseous, liquid, solid, or thermal waste; grading, removing, dredging, mining, or extraction of any materials; change in the density or intensity of use of land, including, but not limited to, Attachment 5
Coronado Municipal Code
Chapter 86.70 COASTAL PERMITS

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The Coronado Municipal Code is current through Ordinance 2023-01, passed March 7, 2023. subdivisions and other land divisions, including lot splits or the alteration of lot boundaries; change in the intensity of use of water, or of access thereto; and the removal of major vegetation or the harvesting of kelp. (Ord. 1588)

86.70.040 Exemption of development categories from City coastal permit requirements.

The City may permit any category of development, or any category of development within a specifically defined geographic area, that the City, by regulation, after public hearing, has described or identified and with respect to which the City has found that there is no potential for any significant adverse effect either individually or cumulatively on coastal resources or on public access to, or along, the coast. These categorical exemptions shall be approved by the California Coastal Commission and found that no potential for any adverse effect on coastal resources will occur either individually or cumulatively. (Ord. 1751; Ord. 1588)

86.70.045 Repealed.

Repealed by Ord. 1817.

86.70.050 Activities requiring a coastal permit.

A coastal permit is required from the City for all development in areas under City coastal permit authority that are not otherwise categorically exempt. (Ord. 1817; Ord. 1781)

86.70.052 Exempt categories of development.

The City, after public hearings, has identified the following categories of development as having no potential for any significant adverse effect, either individually or cumulatively, on coastal resources or on public access to, or along, the coast, and has therefore exempted these development categories from City coastal permit requirements (as per CMC 86.70.040):

A. Improvements to existing single-family dwelling buildings (in accordance with restrictions of Chapter 86.74 CMC);
B. Improvements to existing duplexes (in accordance with the restrictions of Chapter 86.74 CMC); C. Repair or maintenance activities that do not result in an addition to, or enlargement or expansion of, the object of such repair or maintenance activities; provided, however, that if the City determines that certain extraordinary methods of repair and maintenance involve a risk of substantial adverse environmental impact, it shall prohibit the use of such methods; and provided, that the activities abide to the restrictions of Chapters 86.72, 86.74 and 86.76 CMC;
D. The installation, testing, and placement in service of the replacement of any necessary utility connection between an existing services facility and any development approved pursuant to this chapter (in 86.74 and 86.76 CMC); E. Maintenance dredging of existing navigation channels or moving dredged material from such channels to a disposal area outside the coastal zone, pursuant to a permit from the United States Army Corps of Engineers; F. The replacement of any structure other than a public works facility, destroyed by natural disaster; provided, that such replacement structure or facility shall conform to the applicable requirements of this title, shall be for the same use as the destroyed structure or facility, shall not exceed the floor area, height, or interior cubic volume of the destroyed structure or facility by more than 10 percent, and shall be sited in the same location on the affected property as the destroyed structure or facility;
G. Demolition of any building except visitor serving commercial uses; provided, however, that if the City determines that certain extraordinary methods of demolition involve a risk of substantial adverse environmental impact, it shall prohibit use of such methods;
H. Construction of a single-family dwelling building on a legal lot of record in conformance to all applicable requirements of this title;
I. Construction of a duplex on a legal lot of record in conformance to all applicable requirements of this title; J. The removal of major vegetation on municipal property; and Attachment 5
Coronado Municipal Code
Chapter 86.70 COASTAL PERMITS

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The Coronado Municipal Code is current through Ordinance 2023-01, passed March 7, 2023.

K. Activities not requiring either an initial study under CEQA, an environmental assessment under NEPA, a Planning Commission or City Council interpretation, or issuance of a special use permit or variance; and provided the activities as reviewed within the policies of the Coastal Act shall not create a potential for any adverse effect either individually or cumulatively on coastal resources and the activities conform with all provisions of the LCP land use plan. (Ord. 1588)

86.70.060 Categorically exempt geographic areas.

A. Those uses or activities permitted for a particular zone by the Coronado Municipal Code which do not require a discretionary action on the part of the City (i.e., Planning Commission or City Council interpretation, issuance of a major or minor special use permit, or issuance of a variance to either the regulation of the amount of landscaping required or to any standard in Chapters 86.58, 86.64, 86.70, 86.72, 86.74, and 86.76 CMC) shall be exempt in that zone from the City coastal permit process for those areas that are neither under the California Coastal Commission appeal authority nor within the Coastal Commission’s direct permit jurisdiction. Changes to the list of land uses that may be allowed without a discretionary action shall require a local coastal program amendment.

B. The City, after public hearings (as per CMC 86.70.040), has identified the aforementioned uses and activities as categories of development within a specifically defined geographic area, that present no potential for any significant adverse effect, either individually or cumulatively, on coastal resources or on public access to, or along, the coast. (Ord. 1962 § 2, 2004; Ord. 1874; Ord. 1817; Ord. 1781; Ord. 1751)

86.70.070 Coastal Permit Administrator – Purpose.

In order to facilitate administration of the City of Coronado coastal permit process, the Director of Community Development (or his duly authorized agent) is hereby designated Coastal Permit Administrator.

86.70.080 Authority and duties of Coastal Permit Administrator.

The Coastal Permit Administrator shall administer, interpret and enforce the City of Coronado coastal permit process, and is authorized to undertake any action necessary and appropriate to perform these duties. The functions as set forth in this section are considered either ministerial or minor in nature, not requiring initial review by the City Council or any City Commission or Committee, and are indicative but not exhaustive of the Coastal Permit Administrator’s authority. The Coastal Permit Administrator may:

A. Delegate a portion of his duties to a representative; B. Gather data, investigate circumstances or determine facts in order to determine whether a specific activity or project is under the purview of this chapter, or to assure compliance with this chapter or with conditions placed upon a City coastal permit;
C. Determine whether projects are categorically exempt from the City of Coronado coastal permit requirement per CMC 86.70.050 or 86.70.060;
D. Review coastal permits, as detailed in CMC 86.70.130; E. Revoke a coastal permit, as detailed in CMC 86.70.140; F. Require an applicant to provide a certification by a civil engineer that proposed activities meet specified criteria, as detailed in Chapters 86.72, 86.74 and 86.76 CMC;
G. Determine which civil engineers will provide certifications to the City under conditions detailed in Chapters

86.72, 86.74 and 86.76 CMC;
H. Determine whether a specified coastal permit application, or a civil engineer certification of fact, is complete and acceptable to the City;
I. Give public notice of a public hearing to review a coastal permit application or application appeal; J. Develop coastal permit application forms and processing procedures; K. Recommend to the City Council appropriate fees for the coastal permit process, or changes to that process; Attachment 5
Coronado Municipal Code
Chapter 86.70 COASTAL PERMITS

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The Coronado Municipal Code is current through Ordinance 2023-01, passed March 7, 2023.

L. Represent the City concerning coastal permit matters, coordinating City coastal permit activities with appropriate government agencies; and
M. Waive the City coastal permit appeal fee requirement for sites within the California Coastal Commission appeal jurisdiction. (Ord. 1751; Ord. 1588)

86.70.090 Application and fee for coastal permit.

An application for a coastal permit shall be submitted to the Department of Community Development on a form provided by the Coastal Permit Administrator for the purpose. In addition to whatever items the Coastal Permit Administrator deems necessary for the proper administration of this chapter, an application shall, at minimum, contain the following:

A. The applicant’s name, address and telephone number (if applicant has access to telephone); B. The date the application is submitted;
C. The applicant’s signature;
D. A description of the proposed project or activity;
E. A description of the site;
F. A description of the area immediately adjacent to the site; G. A plot plan of the site;
H. A filing fee and a public notice fee as required by resolution of the City Council; and I. Envelopes (affixed with sufficient first class postage) addressed to each applicant, to all persons who have requested to be on a mailing list for the specific project, to all occupants and property owners of property within 100 feet of the perimeter of the project site, and to the California Coastal Commission. (Ord. 1586)

86.70.100 Application procedure – Hearing, notice.

A. Upon the filing of a complete coastal permit application, the Coastal Permit Administrator shall, in a timely manner, schedule a public hearing on the request before the Planning Commission, and provide public notice of the public hearing.

B. Public notice shall be provided at least 10 calendar days prior to the first coastal permit public hearing. Public notice shall consist of notice by first class mail to each applicant, to all persons who have requested to be on a mailing list for the specific project, to all occupants and property owners of property within 100 feet of the perimeter of the project site, and to the California Coastal Commission; and publication of a public notice in a newspaper of general circulation in the City of Coronado. In the situation of a continued hearing, additional notice in conformance with the procedure for the original notice shall be mailed out (if not previously stated in the first notice provided, nor announced at the hearings as to a time certain). The public notice shall contain the following information:

1. A statement that the proposed project or activity requires a City coastal permit (as per CMC 86.70.050);

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 the proposed development and its location;

5. The date, time and place at which the application will be heard by the Planning Commission or City Council;

6. A brief description of the general procedure of local government concerning the conduct of hearing and local actions*; and
Attachment 5
Coronado Municipal Code
Chapter 86.70 COASTAL PERMITS

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The Coronado Municipal Code is current through Ordinance 2023-01, passed March 7, 2023.

7. The system for City and Coastal Commission appeals, including City fees required.* *Note: Subsections (B)(6) and (7) of this section will not be required for the newspaper public hearing notice. (Ord. 1588)

86.70.110 Findings, decision and issuance of coastal permit.

After the required Planning Commission public hearing, the Planning Commission shall by resolution approve, deny or approve with conditions the City coastal permit application. This Planning Commission resolution shall incorporate findings of fact to explain and justify the Commission’s action. The Coastal Permit Administrator shall issue a coastal permit only after all City coastal permit appeal deadlines have expired for the project or activity. The coastal permit shall have noted on its face whether it was approved with conditions, and either the specific conditions or how the wording of the conditions may be obtained.

86.70.115 By-Right Approval Process
CMC 86.34.040 identifies proposed projects which must be reviewed by the City through a by-right approval process pursuant to Government Code Section 65583.2. For these projects, the Community Development Director shall issue a coastal permit without a public hearing if the project is consistent with applicable objective standards.

86.70.120 Coastal permit relationship to building permit.

If a coastal permit is required for a project or activity, building permits shall not be issued for the project or activity prior to issuance of the coastal permit.

86.70.130 Coastal permit time limit and renewal.

A. Unless renewed, a coastal permit shall expire after one year from the date of issuance.

B. The Coastal Permit Administrator, upon a written request from the applicant, may renew the coastal permit in three-month increments for an additional period not to exceed one year. Work must be initiated on the proposed project or the proposed activity must commence while the coastal permit is in effect. An ongoing activity may be issued a coastal permit for a duration longer than one year if the Planning Commission resolution incorporates a finding of the ongoing nature of the activity, and specifically states the duration of the coastal permit issued. (Ord. 1891; Ord. 1586)

86.70.135 Coastal permit amendment.

A City coastal permit may be amended at the request of the permittee. The amendment procedures and fees shall be identical to the City coastal permit process then in effect. (Ord. 1751)

86.70.140 Coastal permit revocation.

After written notice to the permittee with an opportunity to respond, the Coastal Permit Administrator may revoke a City coastal permit if the Administrator determines that:

A. The permit was originally acquired by the applicant via a fraudulent application; or B. The applicant fails to comply with one or more of the conditions contained in the permit.

86.70.150 Coastal permit revocation – Notice, appeal.

If the Coastal Permit Administrator determines to revoke a City coastal permit, the administrator shall immediately notify the applicant in writing that the revocation will be effective 10 days after the Administrator’s action unless an appeal is filed with the Coronado Community Development Department prior thereto (as per CMC 86.70.180).

86.70.160 Procedure for open space easements and public access documents.

When the City of Coronado Planning Commission approves a coastal permit that is conditioned with the requirement that an accessway or open space/conservation easement be provided by the applicant, the City shall not issue the permit until the following processing steps are completed:

A. The City Council shall review, revise and accept the easement or land; B. The Department of Community Development shall record the requisite legal documents; and Attachment 5
Coronado Municipal Code
Chapter 86.70 COASTAL PERMITS

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C. The Department of Community Development, upon recordation of the documents, shall forward a copy of the permit conditions, findings of approval, the legal documents pertaining to the public access and open space conditions, and a statement as to which private association, public agency or City department shall be responsible for the operation and maintenance of the accessway or open space/conservation area to the Executive Director of the California Coastal Commission. (Ord. 1588)

86.70.170 Reserved.

86.70.180 Coastal permit appeal procedure.

Actions taken in accordance with this chapter by the Coastal Permit Administrator may be appealed to the Planning Commission. Actions by the Planning Commission in accordance with this chapter, including a decision on an appeal from an action by the Coastal Permit Administrator, may be appealed to the City Council. An appeal must be filed in writing with the Coronado Community Development Department within 10 calendar days of the action which is the subject of the appeal. In addition to whatever items the Coastal Permit Administrator deems necessary for the proper administration of this chapter, an appeal shall, at a minimum, contain the following:

A. The appellant’s name, address and telephone number (if appellant has access to telephone); B. The date the appeal is submitted;
C. The appellant’s signature;
D. Information sufficient to denote the City action under this chapter being appealed (e.g., name or address of project, City permit or file number, description of City action, name of coastal permit applicant, etc.); E. The reason for the appeal;
F. The appeal fee; and
G. Envelopes (affixed with sufficient first class postage) addressed to the applicant, to appellant, to the California Coastal Commission, to all persons who have requested to be on a mailing list for the specific project, and to all occupants and property owners of property within 100 feet of the perimeter of the project site.

86.70.190 Coastal permit appeal – Hearing, notice.

Upon the timely filing of a complete appeal of an action taken in accordance with this chapter, the Coastal Permit Administrator shall schedule a public hearing for the next available meeting of the appropriate hearing body; and provide public notice with copies sent to the applicant, to appellant, to the California Coastal Commission, to all persons who have requested to be on a mailing list for the specific project, and to all occupants and property owners of property within 100 feet of the perimeter of the project site to include the following information:

A. A statement that the proposed project or activity requires a City coastal permit; B. The date of filing of the appeal and the name of the appellant; C. The number, if any, assigned to the City action being appealed; D. A description of the proposed development and its location; E. The date, time and place at which, the public hearing on the appeal shall occur; F. A statement that all persons are welcome to comment on the matter at the public hearing or by mail prior to the public hearing. (Ord. 1586)

86.70.200 Appeals to the California Coastal Commission.

A. For those actions under California Coastal Commission direct or appeal jurisdiction, upon the taking of final action by the City of Coronado, the Coastal Permit Administrator shall notify the applicant of the action taken and provide an information sheet explaining the California Coastal Commission appeal process which shall include a statement to the effect that “Appeal to the California Coastal Commission could result in Coastal Commission denial of a City approved project or activity or new conditions being imposed on the project by the Coastal Commission.

Attachment 5
Coronado Municipal Code
Chapter 86.70 COASTAL PERMITS

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The Coastal Commission may not eliminate or modify conditions placed upon the permit by the City of Coronado nor can the California Coastal Commission grant permission for a project or activity denied by the City of Coronado.”
B. The City of Coronado Community Development Department shall make readily available to the public an information sheet explaining the California Coastal Commission appeal process.

86.70.210 Emergency temporary waiver of coastal permit.

Under certain emergency conditions detailed in CMC 86.76.030, the City Manager (or his duly appointed agent) may temporarily waive City coastal permit requirements in order to allow preventive or ameliorative activities necessary to adequately address the emergency situation. If emergency action involves areas subject to CMC

86.70.010(C), an emergency permit must be received from the appropriate government agency. (Ord. 1588) Attachment 5
Coronado Municipal Code
Chapter 86.72 DIKING, DREDGING, FILLING AND

DREDGE SPOILS DISPOSAL

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The Coronado Municipal Code is current through Ordinance 2023-01, passed March 7, 2023.

Chapter 86.72

DIKING, DREDGING, FILLING AND DREDGE SPOILS DISPOSAL
Sections:

86.72.005 Definitions.

86.72.010 Diking, dredging, filling and dredge spoils disposal – Coastal permit required.

86.72.020 Diking, filling or dredging – When permitted.

86.72.030 Dredging and dredge spoils disposal regulated.

86.72.040 Diking, filling and dredging regulated.

86.72.050 Alteration of coastal wetlands in Wildlife Preserve Zone regulated.

86.72.005 Definitions.

A. “Estuaries” means coastal water bodies usually semi-enclosed by land, but which have open, partially obstructed, or intermittent exchange with the ocean and in which ocean water is at least occasionally diluted by fresh water runoff from the land. The salinity may be periodically increased above the open ocean by evaporation. In general, the boundary between “wetland” and “estuary” is the line of extreme low water.

B. “Open coastal waters” refers to the open ocean overlaying the continental shelf and its associated coastline, including bays, canals, etc. Salinities exceed 30 parts per 1,000 with little or no dilution except opposite mouths of estuaries.

C. “Wetlands” means lands within the coastal zone which may be covered periodically or permanently with shallow water and include salt water marshes, fresh water marshes, open or closed brackish water marshes, swamps, mudflats and fens. (Ord. 1588; Ord. 1531)

86.72.010 Diking, dredging, filling and dredge spoils disposal – Coastal permit required.

Diking, dredging, filling and dredge spoils disposal in open coastal waters and wetlands shall require City issuance of a coastal permit. The coastal permit shall only be issued after verification that the activities are necessary, appropriate and designed to minimize or mitigate resultant adverse environmental impact. The applicant, at the determination of the City Coastal Permit Administrator, shall provide a certification by a civil engineer acceptable to the City that the proposed activities meet these criteria. (Ord. 1588)

86.72.020 Diking, filling or dredging – When permitted.

A. The diking, filling, or dredging of open coastal waters and wetlands shall be permitted only where there is no feasible, less environmentally damaging alternatives and where feasible mitigation measures have been provided to minimize adverse environmental effects, and when limited to the following:

1. New or expanded port, energy, and coastal-dependent industrial or visitor serving facilities including commercial fishing facilities.

2. Maintaining existing, or restoring previously dredged, depths in existing navigational channels, turning basins, vessel berthing and mooring areas, and boat launching ramps, or moving dredged material from such sites to a disposal area outside the coastal zone, pursuant to a permit from the United States Army Corps of Engineers.

3. Repair or maintenance activities that do not result in an addition to, or enlargement or expansion of, the object of such repair or maintenance activities; provided, however, that if the City determines that certain extraordinary methods of repair and maintenance involve a risk of substantial adverse environmental impact, it shall, by regulation, prohibit the use of such methods.

4. In open coastal waters, other than wetlands, new or expanded boating facilities.

5. Incidental public service purposes, including, but not limited to, burying cables and pipes or inspection of piers and maintenance of existing intake and outfall lines.

Attachment 5
Coronado Municipal Code
Chapter 86.72 DIKING, DREDGING, FILLING AND

DREDGE SPOILS DISPOSAL

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The Coronado Municipal Code is current through Ordinance 2023-01, passed March 7, 2023.

6. Mineral extraction, including sand for restoring beaches, except in environmentally sensitive areas.

7. Restoration purposes.

8. Nature study, aquaculture, or similar resource-dependent activities.

B. The applicant, at the request of the City Coastal Permit Administrator, shall provide a certification by a civil engineer acceptable to the City that the proposed activities meet the above criteria.

86.72.030 Dredging and dredge spoils disposal – Regulated.

Dredging and dredge spoils disposal shall be planned and carried out to avoid significant disruption to marine and wildlife habitats and water circulation. Dredge spoils suitable for beach replenishment should be transported for such purposes to appropriate beaches or into suitable longshore current systems.

86.72.040 Diking, filling and dredging regulated.

A. Where feasible, diking, filling, dredging, and construction activities shall be timed to minimize their impact on the mating, nesting, or hatching of endangered birds, or the spawning of grunion. Diking, filling, or dredging in existing estuaries and wetlands shall maintain or enhance the functional capacity of the wetland or estuary.

B. Where any dike and fill development is permitted in wetlands in conformity with these policies, mitigation measures shall include, at a minimum, either acquisition of equivalent areas of equal or greater biological productivity or opening up equivalent areas to tidal action. If no appropriate restoration site is immediately available, an in-lieu fee sufficient to provide an area of equivalent productive value shall be paid to the City. Surface areas shall be dedicated to the City, or such replacement site shall be purchased by the City before the dike or fill development may proceed. Such mitigation measures shall not be required for temporary or short-term fill or diking; provided, that a bond or other evidence of financial responsibility is provided to assure that restoration will be accomplished in the shortest feasible time.

86.72.050 Alteration of coastal wetlands in Wildlife Preserve Zone regulated.

Any alteration of coastal wetlands in the Wildlife Preserve Zone shall be limited to very minor incidental public facilities, restorative measures, nature study and development in already developed parts of the bay, if otherwise in accordance with requirements of this chapter.

Attachment 5
Coronado Municipal Code
Chapter 86.74 WATERFRONT DEVELOPMENT

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The Coronado Municipal Code is current through Ordinance 2023-01, passed March 7, 2023.

Chapter 86.74

WATERFRONT DEVELOPMENT
Sections:

86.74.010 Waterfront development.

86.74.020 Public sandy beaches.

86.74.030 Waterfront development setbacks.

86.74.040 Accessway standards.

86.74.050 Public access along the shore.

86.74.060 Public prescriptive rights.

86.74.070 Prohibitions for Glorietta Bay.

86.74.010 Waterfront development.

Development involving waterfront properties shall be required to satisfy the standards of this chapter. (Ord. 1532)

86.74.020 Public sandy beaches.

No new development shall occur on existing public sandy beach areas. An exception would be allowed for new or expanded permanent lifeguard facilities, restroom facilities, bikepaths or similar public recreation facilities, if it can be determined by the City that adverse impacts to public beaches are negligible or when public safety or health requires it; and provided, that no less environmentally damaging alternatives exist. This prohibition shall not be construed to restrict or regulate the maintenance, repair, rehabilitation or replacement of existing public facilities, or the activities of any governmental agency other than the City of Coronado on property under that agency’s jurisdiction.

86.74.030 Waterfront development setbacks.

A. Development setbacks shall be calculated from the parcel’s property line subject to the provisions of subsections B and C of this section, which may require a greater setback.

B. New development shall assure coastal stability and structural integrity, and neither create nor contribute significantly to erosion or geologic instability.

C. Permanent buildings, or other structures proposed for construction (excluding refurbishment, renovation or addition to existing structures that do not extend the structures seaward or bayward) shall be set back from an eroding beach or coastline a distance sufficient to assure that the development will not require mitigation measures to protect the development from the natural erosion process during the economic lifetime of the structures. The builder, at the request of the City Coastal Permit Administrator, shall provide a certification by a civil engineer acceptable to the City that the proposed construction site meets these criteria.

D. The City Coastal Permit Administrator may request through the City Council, the opinion of the Corps of Engineers, Scripps Oceanography Institute, or other qualified experts with regard to the possible erosion of beach area in the vicinity of the proposed construction in making a determination of required setbacks.

86.74.040 Accessway standards.

Unless otherwise provided in this title, the following pedestrian accessway standards shall apply to the provision of pathways to or along the City’s shoreline:

Accessways shall be at least four feet wide, with a preferred width of at least 10 feet. At least four feet of the accessway’s width shall be hard surfaced and shall have a maximum gradient of 70 percent (i.e., a seven-foot vertical drop for every 10 feet of horizontal distance). Gradients of greater than 12 percent shall require stairs. The preferred gradient for pedestrian accessways shall be 20 percent or less. Wheelchair ramps shall meet all Uniform Building Code standards. Minimum structure setback from an accessway (excluding fences, boundary walls or hedges) shall be five feet; preferred setback shall be at least 10 feet. Setbacks shall be determined and the path shall be designed to assure both a functional accesspath and the privacy and security of adjoining land owners. Not more than one access path to the shoreline shall be required for each 500 lineal feet of shoreline.

Attachment 5
Coronado Municipal Code
Chapter 86.74 WATERFRONT DEVELOPMENT

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The Coronado Municipal Code is current through Ordinance 2023-01, passed March 7, 2023.

86.74.050 Public access along the shore.

Offers of dedication of easements to local or State agencies or private associations for public access along the shoreline (lateral access) shall be required in association with new development fronting on the ocean or bay except for repair and maintenance activities or replacement of structures destroyed by natural disaster. In addition, improvements to any structure or demolition and reconstruction of single-family residences would be exempted from lateral access easement requirements unless such improvements interfere with currently existing public views, block a public accessway, or causes further encroachment of the structure seaward or toward the edge of a bluff.

Specifically, easements would be required:

A. Seaward of the toe of existing bluff or vegetation lines where new development is proposed on existing developed lots; and
B. Seaward of proposed new sea walls or other shoreline protective devices.

86.74.060 Public prescriptive rights.

A. No portion of this title shall be construed to permit private activities or development to encroach upon public prescriptive rights. A City coastal permit for private activities or development shall not be approved if such activities or development are likely to interfere with public prescriptive rights unless public access is required as a condition of permit approval. Depending upon circumstances, public access may be provided through the use of deed restrictions, grant of fee interest, grant of an easement, or an offer of dedication of either an easement or fee interest.

Proposed developments shall be sited and designed in a manner which does not interfere with the area of use, or shall provide for an equivalent area of use on-site. In either situation, prior to issuance of a permit, applicants will be required to record offers of dedication or other suitable documents.

B. Where evidence of public prescriptive rights exist in association with proposed development, review procedures in accordance with the Attorney General’s “Implied Dedication and Prescriptive Rights Manual” shall be utilized by the City to further investigate the possibility of prescriptive rights of access in order to protect such rights. A City coastal permit shall not be issued until it is determined by the City Council, upon a public hearing, that public prescriptive rights will be substantially guaranteed by conditions to be placed upon the City coastal permit.

86.74.070 Prohibitions for Glorietta Bay.

No new public school buildings or buildings solely for private use as clubs, lodges or private assembly halls shall be constructed, placed or maintained on land adjacent to Glorietta Bay; nor shall new leases be given nor old leases be extended for such uses in this area.

Attachment 5
Coronado Municipal Code
Chapter 86.76 PROTECTION OF NATURAL OCEAN

AND BAY PROCESSES

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The Coronado Municipal Code is current through Ordinance 2023-01, passed March 7, 2023.

Chapter 86.76

PROTECTION OF NATURAL OCEAN AND BAY PROCESSES
Sections:

86.76.010 Coastal permit required.

86.76.020 Repair and maintenance of ocean and bay shore improvements.

86.76.030 Maintenance and placement of ocean and bay shore improvements under emergency conditions.

86.76.040 Waterfront land – Permitted improvements.

86.76.010 Coastal permit required.

A. The construction or placement of any improvement which may significantly affect the natural erosion process resultant from the interaction of water bodies upon their shores, or cause significant adverse alteration of the bay or ocean environment shall require a coastal permit from the City. Without limitation, buildings, harbor channels, breakwaters, groins, piers, retaining walls, revetments, riprap, sea walls and similar items shall be governed by this chapter.

B. An improvement or activity requiring a coastal permit under this chapter shall only be allowed when it serves coastal dependent uses, protects existing structures, removes public hazards, or protects public beaches in danger of erosion.

C. In order for an improvement or activity requiring a coastal permit under this chapter to qualify for such a permit, the improvement or activity must be designed and constructed as follows:

1. To neither create nor contribute significantly to erosion or geologic instability;

2. To minimize their own breakdown and disintegration;

3. To minimize water pollution and the silting of coastal waterways;

4. To not result in a substantial or potentially substantial, adverse change in any of the physical conditions within the area affected by the coastal permit requiring activity including land, air, water, minerals, flora, fauna, ambient noises and objects of historic or aesthetic significance;

5. To not preclude the public’s right of access to (including without limitation) the ocean, bay or public beach where acquired through use, custom, legislative authorization, purchase, condemnation, judicial action, gift, bequeath or escheat;

6. To encourage or facilitate, where feasible, the phasing out or upgrading of marine structures causing water stagnation contributing to pollution problems or fish kills;

7. To minimize their intrusion into public vistas by being unobtrusive and aesthetically pleasing when viewed from public streets, walk or bicycle ways or waterways;

8. To minimize extensions or projections into the bay or ocean;

9. To facilitate public access where appropriate and feasible; and

10. To minimize or mitigate resultant adverse environmental impacts.

D. The applicant, at the determination of the Coastal Permit Administrator, shall provide a certification by a civil engineer acceptable to the City indicating that the proposed improvement or activity conforms to the above criteria. (Ord. 1533)

86.76.020 Repair and maintenance of ocean and bay shore improvements.

Repair and maintenance activities or ocean and bay shore improvements which require City issuance of a building permit, encroachment permit or City review of an initial study shall require City issuance of a coastal permit. The Attachment 5
Coronado Municipal Code
Chapter 86.76 PROTECTION OF NATURAL OCEAN

AND BAY PROCESSES

Page 206 ends

The Coronado Municipal Code is current through Ordinance 2023-01, passed March 7, 2023. coastal permit shall only be issued after certification that the repair or maintenance activities are necessary, appropriate, and designed, when feasible, to minimize or mitigate resultant adverse environmental impacts. The applicant, at the request of the City Coastal Permit Administrator, shall provide a certification by a civil engineer acceptable to the City that the proposed activities meet these criteria.

86.76.030 Maintenance and placement of ocean and bay shore improvements under emergency conditions.

A. In the event that an emergency situation exists that is an immediate significant threat to life, health or property, the City Manager (or his duly appointed agent) is authorized to temporarily waive City coastal permit requirements to allow preventive or ameliorative activities (including filling) necessary to adequately address the emergency situation. However, such activities shall conform as much as practical to the criteria listed in CMC 86.76.010, and shall ultimately require issuance of a City coastal permit. Within 30 days of the commencement of the preventative or ameliorating activities, the property owner shall apply for a coastal permit or shall restore the property to the condition existing prior to the preventative or ameliorating activity by removing the product of such activity.

B. If a City coastal permit is not issued for the preventative or ameliorating emergency activities, then the property owner shall restore the property to the condition existing prior to the preventative or ameliorating activity by removing the product of such activity unless the owner obtains a City coastal permit for alternative ocean or bay shore improvements or activities.

86.76.040 Waterfront land – Permitted improvements.

For waterfront land recorded on Miscellaneous Map 121 (Rancho Peninsula), Record of Survey 563, 2372, and Map 2544 (Bay View Estates), Record of Surveys 5191, 6014 and 6958, retaining walls, revetments, riprap, sea walls and similar development shall be permitted, with a coastal permit, subject to all other standards of this chapter, with the provision that such improvements may be situated in a manner so that the improvements’ bayward faces may connect in a straight line the bayward faces of similar improvements on adjoining property.

Attachment 5
Coronado Municipal Code
Chapter 86.78 TRANSIENT OCCUPANCY

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The Coronado Municipal Code is current through Ordinance 2023-01, passed March 7, 2023.

Chapter 86.78

TRANSIENT OCCUPANCY
Sections:

86.78.010 Purpose and intent.

86.78.020 Definition – Transient occupancy.

86.78.030 Definition – Transient rental.

86.78.040 Definition – Transient time-share occupancy.

86.78.050 Definition – Time-share complex.

86.78.060 Transient rental regulations.

86.78.070 Transient time-share occupancy regulations.

86.78.080 Nonconforming time-share complexes.

86.78.010 Purpose and intent.

The purpose and intent of this chapter is to regulate various forms of transient occupancy within the City. (Ord. 1809)

86.78.020 Definition – Transient occupancy.
“Transient occupancy” means the right to use, occupy or possess, or the use, occupancy, or possession of, a dwelling unit or a habitable unit for a period of 25 consecutive calendar days or less. (Ord. 1495)

86.78.030 Definition – Transient rental.
“Transient rental” means the renting, letting, subletting, leasing or subleasing of a dwelling unit or a habitable unit for “transient occupancy.” (Ord. 1495)

86.78.040 Definition – Transient time-share occupancy.
“Transient time-share occupancy” means “transient occupancy” when conveyed with consideration through any arrangement where the use, occupancy, or possession of real property circulates among purchasers of intervals of ownership according to a fixed or floating time schedule on a periodic basis for a specific period of time during any given year, regardless of the name used to describe the method of use, occupancy, or possession. (Ord. 1495)

86.78.050 Definition – Time-share complex.
“Time-share complex” is a building or group of buildings containing one or more habitable units with such dwelling units as may be allowed by this code, whose ownership or right to use facilities are conveyed to multiple individuals for “transient time-share occupancy.”

86.78.060 Transient rental regulations.

A. No dwelling or habitable unit in any Residential Zone (except as specified in subsection B of this section) shall be used as a transient rental.

B. Dwelling or habitable units within R-4 Zone motels, or that constitute lodging houses within the “P” Overlay Zone may be utilized as transient rentals. (Ord. 1788; Ord. 1495)

86.78.070 Transient time-share occupancy regulations.

A. For all zones, no dwelling unit or habitable unit shall be established for, or converted to, transient, time-share occupancy use.

B. For all zones, no person shall make a dwelling unit or habitable unit subject to an arrangement which creates a transient, time-share occupancy right.

86.78.080 Nonconforming time-share complexes.

Nonconforming time-share complexes may be reconstructed so long as neither the number of dwelling units or habitable units for each complex nor the number of bedrooms for each unit is increased, the height of a structure is not increased, existing building profiles are maintained, and the number and size of existing parking spaces is not reduced.

Attachment 5
Coronado Municipal Code
Chapter 86.80 PROHIBITION OF COMMERCIAL

MARIJUANA ACTIVITY USES

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The Coronado Municipal Code is current through Ordinance 2023-01, passed March 7, 2023.

Chapter 86.80

PROHIBITION OF COMMERCIAL MARIJUANA ACTIVITY USES
Sections:

86.80.010 Legislative findings and statement of purpose.

86.80.020 Definitions.

86.80.030 Prohibited activities.

86.80.010 Legislative findings and statement of purpose.

A. On November 8, 2016, the State voters approved the Adult Use of Marijuana Act, also identified as Proposition 64 (“Prop 64”). Prop 64 legalized adult nonmedical use of marijuana and established a State licensing scheme for nonmedical marijuana facilities largely patterned on the MCRS Act, and generally: (1) allows adults 21 years and older to possess up to one ounce of marijuana and to cultivate up to six plants for personal use; (2) regulates and taxes the production, manufacture, and sale of marijuana for adult use; (3) allows local regulation and taxation of marijuana; (4) prohibits smoking marijuana in places where smoking tobacco is prohibited; and (5) rewrites criminal penalties so as to reduce the most common marijuana felonies to misdemeanors and allow prior offenders to petition for reduced charges. Prop 64, similar to the MCRS Act, allows cities and counties to prohibit the establishment of nonmedical facilities and licenses that are provided under Prop 64, providing for minimal personal use exceptions.

B. The City Council finds that the State is not authorized to issue licenses for commercial marijuana activities within the city because Business and Professions Code Section 26055(e) provides that the State may not issue a state license for any commercial marijuana activities within a city that prohibits such activities. (Ord. 2071 § 3, 2017)

86.80.020 Definitions.

For purposes of this chapter, the following definitions shall apply:

A. “Commercial marijuana activity” shall have the same meaning as CMC 36.20.020(B).

B. “Marijuana” or “cannabis” shall have the same meaning as CMC 36.20.020(E).

C. “Marijuana dispensary” or “marijuana dispensaries” shall have the same meaning as CMC 36.20.020(G).

D. “Medical marijuana collective” or “cooperative or collective” shall have the same meaning as CMC

36.20.020(H). (Ord. 2071 § 3, 2017)

86.80.030 Prohibited activities.

A. It is unlawful for any person or business to engage in commercial marijuana activities of any type in any and all zones and in any and all specific plan areas. No person shall establish, operate, conduct, or allow a commercial marijuana activity anywhere within the City.

B. It is unlawful to establish or operate a marijuana dispensary, medical marijuana collective, or any other business establishment associated with any type of commercial marijuana activity within the City.

C. This section is meant to prohibit all commercial or medical marijuana activities in the City except where the City is preempted by Federal or State law from enacting a prohibition on any such activity. Accordingly, the City shall not issue any permit, license, or other entitlement for any commercial or medical marijuana activity for which a State license is required under any State law, and no person shall otherwise establish or conduct such activities in the City, except where the City is preempted by Federal or State law from enacting a prohibition on any such activity for which the use permit, variance, building permit, or any other entitlement, license, or permit is sought. (Ord. 2071 § 3, 2017)
Attachment 5

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