Attachment 3
Chapter 86.34
HOUSING ELEMENT OPPORTUNITY SITE OVERLAY ZONE
86.34.020Permitted Uses
Allowed uses in the HE Overlay Zone are the same as the underlying basic zone except as provided below.
C. Commercial Designated Properties. For property designated Commercial, a mix of shopkeeper units and residential uses are allowed on the ground floor as follows:
i. Shopkeeper units or live-work quarters may occupy the entire ground floor and may front a street;
ii. Residential uses may front 2nd Street between B Avenue and C Avenue; and
iii. Other residential uses shall not occupy more than 50 percent of total square feet of the ground floor and shall not front a street.
86.34.030Development Standards
Development standards in the HE Overlay Zone are the same as the underlying basic zone except as provided below.
D. Flood Risk. The following shall be required for projects at 150 B Avenue (APNs5361022800, 5361022000, 5361023100, 5361023200, 5361023300) and 201 6th Street (APNs 5364111100, 5364111000, 5364110900, 5364110800, 5364110700, 5364110600, 5364110500, 5364110400, 5364110300, 5364110200, 5364110100, 5360100500):
a) The record owner of the development shall enter into an agreement with the City prior to or concurrent with the issuance of a coastal permit in a form that is approved by the City Attorney. The agreement shall include the following acknowledgements and provisions: 1) that the development is located in an area of future sea level rise, including flooding and storms, that may become hazardous in the future; 2) that sea level rise could render it infeasible to provide services to the site; 3) except as to properties governed by the Court of Appeal decision in SLPR, LLC v. State Lands Com. (2020) 49 Cal.App.5th 284, the boundary between public land (tidelands) and private land may shift with rising seas and the development approval does not permit encroachment onto public trust land; 4) that additional adaptation strategies may be required in the future to address sea level rise consistent with the Coastal Act and certified LCP; 5) that the owner waives any rights under Coastal Act Section 30235 and related LCP policies to Attachment 3
hard shoreline armoring to protect the development; and 6) that the structure may be required to be removed or relocated and the site restored if it becomes unsafe. b) The record owner of the development shall provide notice in the lease to all occupants of the development of the acknowledgements and provisions specified in 86.34.030D(a).
c) The first finished floor of the development shall be elevated at least above existing grade. The development shall not include subterranean parking garages or basements.
86.34.040By-Right Approval Process
B. As used in this section, “Lower income households” are defined in Health and Safety Code Section 50079.5. “By-right approval” means that the project does not require a special use permit, planned unit development permit, or other discretionary City review or approval. A by-right approval process may include ministerial design review as required pursuant to Coronado Municipal Code Title 80 or a coastal permit as required pursuant to Coronado Municipal Code Title 86 Chapter 86.70. Any project that proposes or requires a subdivision map is required to comply with all State and local subdivision requirements.
Attachment 3
Chapter 86.70
COASTAL PERMITS
86.70.052Exempt 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 the LCP restrictions of Chapter 86.74 CMC);
B. Improvements to existing duplexes (in accordance with the restrictions of the LCP 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 the LCP 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 the LCP this chapter (in 86.74 and 86.76 CMC); H. Construction of a single-family dwelling building on a legal lot of record in conformance to all applicable requirements of the LCP this title;
I. Construction of a duplex on a legal lot of record in conformance to all applicable requirements of the LCP this title;
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)