A. A JADU shall be a maximum of five hundred (500) square feet of buildable floor area and a minimum of one hundred fifty (150) square feet, or an alternate minimum area for an "efficiency unit" that is adopted by the City. The buildable floor area of a shared sanitation facility shall not be included in the maximum buildable floor area of a JADU.
B. A JADU must be contained entirely within the walls of the existing or proposed single -family dwelling.
C. A separate exterior entry from the main entrance to the single-family dwelling shall be provided to serve a JADU.
D. A JADU may include separate sanitation facilities, or may share sanitation facilities with the existing or proposed single -family dwelling. If a JADU does not include a separate bathroom, the JADU shall include an interior entry to the main living area.
E. A JADU shall include an efficiency kitchen , which shall include: (i) a cooking facility with appliances, and (ii) a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU.
F. Covenant Required: The property owner shall record a declaration of restrictions, in a form approved by the City Attorney, placing the following restrictions on the property, the property owner, and all successors in interest: (i) the property owner shall be an owner-occupant of either the primary dwelling or the JADU, unless the owner is a government agency, land trust, or housing organization; (ii) the JADU is to be rented only for terms of thirty (30) days or longer; (iii) the JADU is not to be sold o r conveyed separately from the single -family dwelling; (iv) the property owner and all successors in interest shall maintain the JADU and the property in accordance with all applicable JADU requirements and standards, including the restrictions on the size and attributes of the JADU provided in Government Code Section 6 6333-66339; and (v) that any violation will be subject to penalties as provided in Municipal Code Chapter 1.04 and 1.06. Proof of recordation of the covenant shall be provided prior to final building inspection.
G. No additional parking is required for a JADU.
A.74.070 Fees and utility connections.
A. The owner of an ADU or JADU shall be subject to the payment of all sewer, water and other applicable fees except as specifically provided in Government Code Sections 66324, 66338, and 66341.
B. With the submittal of the ADU permit or prior to receiving a building permit if no ADU permit is required, the owner of the subject property shall submit letters of service availability for water and sewer disposal to the Building Official.
A.74.080 Unpermitted ADUs and JADUs.
A. Unpermitted ADUs and JADUs constructed before 2020 shall be permitted if the project complies with the provisions set forth in Government Code Section 66331.
1. Permit to Legalize. As required by state law, the city may not deny a permit to legalize an existing, unpermitted ADU or JADU that was constructed before January 1, 2020, if denial is based on either of the following grounds:
i. The ADU or JADU violates applicable building standards, or ii. The ADU or JADU does not comply with state ADU or JADU law or this chapter.
2. Exceptions:
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i. Notwithstanding subsection (A)(1) above, the city may deny a permit to legalize an existing, unpermitted ADU or JADU that was constructed before January 1, 2020, if the city makes a finding that correcting a violation is necessary to comply with the standards specified in California Health and Safety Code section 17920.3.
ii. Subsection (A)(1) above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code section 17920.3.
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§A.84.010 §A.84.010
PART IV – SITE REGULATIONS
Chapter A.84. Use Permits, Variances and Minor Exceptions
A.84.010. Purposes.
A.84.020. Decision making Authority; appeals.
A.84.030. Application requirement.
A.84.040. Notice and public hearing.
A.84.050. Duties of Planning Commission.
A.84.060. Required findings.
A.84.065 Precise development plan.
A.84.070. Conditions of approval.
A.84.080. Effective date – Appeals.
A.84.090. Lapse of approval – Transferability – Discontinuance – Revocation - Extensions.
A.84.100. Changed plans – New application.
A.84.105. Master use Permits
A.84.110. Temporary use permits.
A.84.120. Minor exceptions.
A.84.010. Purposes.
This chapter provides the flexibility in application of land-use and development regulations necessary to achieve the purposes of the ordinance codified in this title by establishing procedures for approval, conditional approval, or disapproval of applications for use permits, variances, minor exceptions, precise development plans and site development permits.
Use permits are required for use classifications typically having unusual site development features or operating characteristics requiring special consideration so that they may be designed, located, and operated compatibly with uses on adjoining properties and in the surrounding area.
Variances are intended to resolve practical difficulties or unnecessary physical hardships that may result from the size, shape, or dimensions of a site or the location of existing structures thereon; from geographic, topographic, or other physical conditions on the site or in the immediate vicinity; or from street locations or traffic conditions in the immediate vicinity of the site.
Variances may be granted with respect to fences, walls, landscaping, screening, site area, site dimensions, yards, height of structures, distances between structures, open space, off-street parking and off-street loading, and performance standards.
Authorization to grant variances does not extend to use regulations because sufficient flexibility is provided by the use permit process for specified uses and by the authority of the Planning Commission to determine whether a specific use belongs within one (1) or more of the use classifications listed in Chapter A.08. Further, Chapter A.96 provides procedures for amendments to the zoning map or zoning regulations. These will ensure that any changes are consistent with the General Plan and the land use objectives of the ordinance codified in this title.
Minor exceptions are generally intended to allow certain alterations and additions to certain nonconforming pre-existing structures. Minor Exceptions are also intended to encourage home remodeling and additions to existing smaller older legal non-conforming homes. The provisions strive to balance the Community’s desire to maintain smaller older homes while still allowing some flexibility to encourage these homes to be maintained and upgraded, as well as enlarged below the maximum allowed square footage instead of being replaced with larger new homes.
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Precise development plans are intended to encourage multi-family housing development of six (6) or more units that include affordable housing through an administrative non-discretionary review process.
Projects that qualify for a density bonus shall also comply with Chapter A.94.
Site development permits are intended to streamline the permitting process for multi-family housing developments of six (6) or more units while preserving discretionary review as to compliance with objective development standards and reasonable conditions, and not reexamining the appropriateness of the use itself.
A.84.020. Decision making Authority; appeals.
A. The Community Development Director shall approve, conditionally approve, or disapprove applications for minor exceptions.
B. The Community Development Director shall approve or disapprove precise development plans.
C. The Planning Commission shall approve, conditionally approve, or disapprove applications for use permits, variances and site development permits.
D. Such decisions may be appealed pursuant to Chapter 10.100 of the Manhattan Beach Municipal Code, except that Community Development Director decisions on precise development plans shall be final and not appealable.
A.84.030. Application requirement.
Applications for use permits, variances, precise development plans and site development permits shall be made on electronic forms provided by the City and include all information required by the form and applicable submittal checklist for a complete understanding of the proposal, and a filing fee as established by resolution of the City Council.
A.84.040. Notice and public hearing.
A. Public Hearing Required. The Planning Commission shall hold a public hearing on an application for a use permit, variance or site development permit.
B. Notice. Upon receipt of a complete application, notice of the hearing shall be given in the following manner:
1. Mailed or Delivered Notice. At least ten (10) days prior to the hearing, notice shall be: (1) mailed to the applicant; (2) all owners of property within five hundred feet (500′) of the boundaries of the site, as shown on the last equalized property tax assessment role or the records of the County Assessor, Tax Collector, or the City's contractor for such records and (3) any agency as required by Government Code Section 65091.
2. Posted Notice. Notwithstanding the requirements of Section 1.08.140 of the Manhattan Beach Municipal Code, notice shall be posted at City Hall.
3. Published Notice. Notice shall be published in a newspaper of general circulation in accordance with Section 65090 and 65091 of the California Government Code.
C. Contents of Notice. The notice of public hearing shall contain:
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1. A description of the location of the development site and the purpose of the application;
2. A statement of the time, place, and purpose of the public hearing;
3. A reference to application materials on file for detailed information; and
4. A statement that any interested person or an authorized agent may appear and be heard.
D. Multiple Applications. When applications for multiple use permits, variances or site development permits on a single site are filed at the same time, the Community Development Director shall schedule a combined public hearing. When the application includes a precise development plan, the Planning Commission shall only take action on the discretionary portion(s) of the application.
A.84.050. Duties of Planning Commission.
A. Public Hearing. The Planning Commission shall conduct the public hearing and hear testimony for and against the application. A public hearing may be continued to a definite date and time without additional public notice.
B. Decision and Notice. After the close of the public hearing, the Planning Commission shall approve, conditionally approve, or disapprove of application. Notice of the decision shall be mailed to the applicant and any other party requesting such notice within 7 days of the date of the resolution ratifying the decision.
C. Limits on Conditions of Approval. No conditions of approval of a use permit shall include use, height, bulk, density, open space, parking, loading, or sign requirements that are less restrictive than those prescribed by applicable district regulations.
A.84.060. Required findings.
An application for a use permit, variance, site development permit shall be approved if, on the basis of the application, plans, materials, and testimony submitted, the decision making authority finds that:
A. For All Use Permits.
1. The proposed location of the use is in accord with the objectives of this title and the purposes of the district in which the site is located;
2. The proposed location of the use and the proposed conditions under which it would be operated or maintained will be consistent with the General Plan; will not be detrimental to the public health, safety or welfare of persons residing or working on the proposed project site or in or adjacent to the neighborhood of such use; and will not be detrimental to properties or improvements in the vicinity or to the general welfare of the city;
3. The proposed use will comply with the provisions of this title, including any specific condition required for the proposed use in the district in which it would be located; and
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4. The proposed use will not adversely impact nor be adversely impacted by nearby properties. Potential impacts are related but not necessarily limited to: traffic, parking, noise, vibration, odors, resident security and personal safety, and aesthetics, or create demands exceeding the capacity of public services and facilities which cannot be mitigated.
B. For Variances.
1. Because of special circumstances or conditions applicable to the subject property—including narrowness and hollowness or shape, exceptional topography, or the extraordinary or exceptional situations or conditions—strict application of the requirements of this title would result in peculiar and exceptional difficulties to, or exceptional and/or undue hardships upon, the owner of the property;
2. The relief may be granted without substantial detriment to the public good; without substantial impairment of affected natural resources; and not be detrimental or injurious to property or improvements in the vicinity of the development site, or to the public health, safety or general welfare; and
3. Granting the application is consistent with the purposes of this title and will not constitute a grant of special privilege inconsistent with limitations on other properties in the vicinity and in the same zoning district and area district.
4. OS District Only. Granting the application is consistent with the requirements of Section 65911 of the Government Code and will not conflict with General Plan policy governing orderly growth and development and the preservation and conservation of open-space laws.
C. For Site Development Permits.
1. The proposed project is consistent with the General Plan and Local Coastal Program;
2. The physical design and configuration of the proposed project are in compliance with all applicable zoning and building ordinances, including applicable physical development standards set forth in Chapter A.12 and Chapter A.16.
D. Mandatory Denial. Failure to make all the required findings in this section shall require denial of the application.
A.84.065 Precise development plan.
A. Development standards. The proposed project shall be reviewed in conformance with applicable objective development standards in Chapter A.12 and Chapter A.16.
B. Permit requirements. The applicant shall agree to comply with the standard requirements for approval, as updated from time to time by the Community Development Director, that are publicly available at the time an application is submitted for the project.
1. The standard requirements may include, but are not limited to, Res. 25-0004
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i. Acknowledgement to provide the required number of affordable housing units that shall be available to tenants or owners who meet the eligible income threshold for the required duration of time;
ii. An indemnification clause to indemnify, protect, defend, and hold harmless the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, from any and all claims, demands, lawsuits, actions and so forth concerning the proposed project;
iii. All units in the proposed project shall be subject to Section 4.88.020; and,
iv. An affordable housing agreement per Section 10.94.060.F shall be recorded as a covenant on the title of the project site.
C. Coastal Development Permit. Projects in the Coastal Zone shall be subject to a Coastal Development Permit pursuant to Section A.96.260.
A.84.070. Conditions of approval.
A. In approving a site development permit, reasonable conditions may be imposed as necessary to make the required findings.
B. In approving a use permit or variance, reasonable conditions may be imposed as necessary to:
1. Achieve the general purposes of this ordinance or the specific purposes of the zoning district in which the site is located, or to make it consistent with the General Plan;
2. Protect the public health, safety, and general welfare; or
3. Ensure operation and maintenance of the use in a manner compatible with existing and potential uses on adjoining properties or in the surrounding area.
4. Provide for periodic review of the use to determine compliance with conditions imposed, and Municipal Code requirements.
A.84.080. Effective date—Appeals.
Unless appealed in accordance with Chapter 10.100 of the Manhattan Beach Municipal Code, a use permit, variance, minor exception or site development permit shall become effective after expiration of the time limits for appeal set forth in Chapter 10.100.
1. The Community Development Director's decision on a precise development plan is final , and not subject to appeal.
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§A.84.090
A.84.090. Lapse of approval—Transferability—Discontinuance—Revocation - Extensions.
A. Lapse of Approval. A use permit, variance, minor exception, precise development plan or site development permit shall lapse two (2) years or at an alternative time specified as a condition of approval after its date of approval unless:
1. A building permit has been issued and substantial expenditures have been made in reliance on that permit; or
2. A certificate of occupancy has been issued; or
3. The use is established; or
4. The use permit, variance, minor exception, precise development plan or site development permit is renewed.
5. There is litigation associated with the use permit, variance, minor exception, precise development plan or site development permit, in which case there will be a hold on the lapse of approval until the litigation is resolved.
A use permit, variance, minor exception, precise development plan or site development permit also shall lapse upon termination of a project or expiration of a building permit.
B. Transferability. The validity of a use permit, variance, minor exception, precise development plan or site development permit shall not be affected by changes in ownership or proprietorship.
C. Discontinuance. An implemented use permit, variance, minor exception, precise development plan or site development permit shall lapse if the exercise of rights granted by it is discontinued for twelve (12) consecutive months provided that time for plan check, construction or reconstruction activities shall not be counted toward the twelve (12) months.
D. Revocation. A use permit, variance, minor exception, precise development plan or site development permit that is exercised in violation of a condition of approval or a provision of this title may be revoked, or modified, as provided in Section 10.104.030
E. Extension. A use permit, variance, minor exception, or site development permit may be extended by the Community Development Director for periods of time up to one (1) year without notice or public hearing, if the findings required by Section A.84.060 remain valid.
Such requests for extensions shall be limited to two times.
A.84.100. Changed plans—New application.
A. Changed Plans. A request for changes in conditions of approval of a use permit, variance, minor exception, or site development permit or a change to development plans that would affect a condition of approval, shall be treated as a new application.
B. New Application. If an application for a use permit, variance, minor exception, or site development permit, is disapproved, no new application for the same, or substantially the same project, shall be filed within one (1) year of the date of denial of the initial application, unless the denial is made without prejudice.
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§A.84.100
A.84.105. Master use permits.
A master use permit authorizing multiple uses for a project with more than 5,000 square feet of buildable floor area or more than 10,000 square feet of land area, shall be subject to the provisions applicable to use permits (Chapter A.84 et seq.), with the following exceptions or special provisions:
A. Scope of Approval . Individual uses located in such a project shall not be subject to separate use permits, if otherwise required by the land use regulations of this Title, provided such uses are identified within the scope of development approval.
B. Uses: Parking. The master use permit shall establish a mix of uses by classification, or combinations of use classifications defined in Chapter A.08. The mix of uses shall be the basis for a percentage distribution of building gross leasable floor area by use classification.
Parking and loading requirements approved in conjunction with a master use permit shall correspond to the percentage distribution of building gross leasable floor area by use classification.
C. Subsequent Use: Tenant Changes. Subsequent changes in the tenants and / or occupants of the project shall conform to the percentage distribution of leasable square footage by use classification and corresponding parking and loading requirements of the approved master use permit.
D. Subsequent Permits. Applications to establish a new use within a multiple tenant project which has an approved master use permit shall not require either amendment to or filing of a new master use permit, provided that the new use conforms to the approved mix of uses, parking requirements, and conditions imposed on the project.
E. Nonconforming Sites: Permit Requirements . An existing multiple use of multiple tenant project which has a valid use permit and / or individual use permits for specific uses or tenants within the project shall be required to obtain a master use permit when a change is proposed which cumulatively constitutes an increase of 5% of gross leasable area or 10,000 square feet, whichever is less.
A.84.110. Temporary use permits.
A temporary use permit authorizing certain temporary use classifications, as defined in Chapter A.08 and as listed in the land-use regulations for the base districts in which the use will be located, shall be subject to the following provisions:
A. Application and Fee. A completed application form and the required fee shall be submitted to the Community Development Director. The Community Development Director may request any other plans and materials necessary to assess the potential impacts of the proposed temporary use.
B. Duties of the Community Development Director . The Community Development Director shall approve, approve with conditions, or deny a complete application within a reasonable time. No notice or public hearing shall be required.
C. Required Findings. The application shall be approved as submitted, or in modified form, if the Community Development Director finds:
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1. That the proposed temporary use will be located, operated and maintained in a manner consistent with the policies of the General Plan and the provisions of this title; and
2. That approval of the application will not be detrimental to property or improvements in the surrounding area or to the public health, safety or general welfare.
D. Conditions of Approval. In approving a temporary use permit, the Community Development Director may impose reasonable conditions necessary to:
1. Achieve the general purposes of this title and the specific purposes of the zoning district in which the temporary use will be located, or to be consistent with the General Plan;
2. Protect the public health, safety, and general welfare; or
3. Ensure operation and maintenance of the temporary use in a manner compatible with existing uses on adjoining properties and in the surrounding area.
E. Effective Date; Duration; Appeals. An approved temporary use permit shall be effective on the date of its approval; a disapproved permit may be appealed by the applicant, as provided in Chapter 10.100 of the MBMC. The permit shall be valid for a specified time period not to exceed 30 days. A temporary use permit shall lapse if not used within the dates approved and may be revoked by the Community Development Director effective immediately upon verbal or written notice for violation of the terms of the permit. Verbal notice shall be confirmed by written notice mailed to the permit holder within a reasonable time. The Community Development Director may approve changes in a temporary use permit.
1. Exception: A Christmas Tree / Pumpkin sales temporary use permit may exceed 30 days but shall be valid only during the time period in which the activity is taking place.
A.84.120. Minor exceptions.
The Community Development Director may grant minor exceptions from certain regulations contained in this ordinance for projects as follows:
Valuation No Limitation. Projects that involve new structures or remodels without limits of project valuation [i.e., may exceed fifty percent (50%) valuation provisions of Section A.68.030(E)], as provided below. Notice may be required for exceptions to Sections A.68.030(D) and (E), see Section 10.84.120 A and B below for noticing requirements.
Applicable Section Exception Allowed
A.12.030 Attachment of existing structures on a site in Area District III or IV which result in the larger existing structure becoming nonconforming to residential development regulations.
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A.12.030 Site enlargements (e.g., mergers, lot line adjustments), not exceeding the maximum lot area, which result in existing structures becoming nonconforming to residential development regulations.
A.12.030(M) Reduction in the 15% open space requirement for dwelling units that are largely 1-story in 2-story zones and for dwelling units that are largely 2-story in 3-story zones.
A.12.030(P) Construction of retaining walls beyond the permitted height where existing topography includes extreme slopes.
A.12.030(M), and
A.12.030(E)
Reduction in percentage of 15% open space requirement, side yard setback, and/or rear yard setback. This may be applied to small, wide, shallow, multiple front yard, and/or other unusually shaped lots or other unique conditions.
A.12—A.68 Non-compliant construction due to Community Development staff review or inspection errors.
A.68.030(D) and (E),
A.12.030 and
A.12.030(R)
Construction of a first, second or third story residential addition that would project into required setbacks or required building separation yard, matching the existing legal non-conforming setback(s).
A.68.030(D) and (E) Alterations, remodeling and additions (enlargements) to existing smaller legal non-conforming structures.
A.68.030(E) Alterations and remodeling to existing legal non-conforming structures.
A. Minor Exception Application Without Notice. All applications for minor exceptions may be approved administratively by the Director of Community Development without notice, except as provided in Section B below. Additionally, a minor exception from Section A.68.030(D) and (E) must meet the following criteria:
1. Alterations, remodeling, additions (enlargements) to existing smaller legal non - conforming structures. The total proposed Buildable Floor Area, as defined in Section A.04.030 which excludes certain garage and basement areas from BFA, does not exceed sixty -six percent (66%) of the maximum allowed (Area Districts III and IV) or three thousand (3,000) square feet, whichever is less.
2. Alterations and remodeling to existing legal non-conforming structures. No limit to the total existing Buildable Floor Area, as defined in Section A.04.030 which excludes certain garage and basement areas from BFA, but no further additions (enlargements) permitted.
B. Minor Exception Application with Notice.
1. Applications for minor exceptions from Section A.68.030(D) and (E) which do not meet the criteria in subsection (A)(1) above, may be approved administratively by the Director of Community Development, with notice. A minor exception from Section A.68.030(D) and (E) must meet the following criteria, and notice as provided in subsection D of this section, must be provided:
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a) Alterations, remodeling, additions ( enlargements) to existing smaller legal non-conforming structures. The total proposed Buildable Floor Area as defined in Section A.04.030 which excludes certain garage and basement
areas from BFA, does not exceed sixty -six percent (66%) of the maximum allowed (Area Districts III and IV) and the Buildable Floor Area exceeds three thousand (3,000) square feet but does not exceed four thousand (4,000) square feet.
C. Submittal Requirements —All Minor Exceptions App tlications. Applications for all minor exceptions shall be initiated by submitting the following materials to the Community Development Department.
1. A completed application form, signed by the property owner or authorized agent, accompanied by the required fees, plans and mapping documentation in the form prescribed by the Community Development Director.
2. Written statements to support the required findings and criteria of this Code section.
3. A vicinity map showing the location and street address of the development site.
D. Submittal Requirements—Minor Exception Applications with Notice. Applications for minor exceptions with notice shall be initiated by submitting the following materials to the Community Development Department:
1. A completed application form, signed by the property owner or authorized agent, accompanied by the required fees, plans and mapping documentation in the form prescribed by the Community Development Director.
2. Written statements to support the required findings and criteria of this Code section.
3. A vicinity map showing the location and street address of the development site;
4. A map showing the location and street address of the property that is the subject of the application and of all lots of record within three hundred feet (300′) of the boundaries of the property; and
5. A list, drawn from the last equalized property tax assessment roll or the records of the County Assessor, Tax Collector, or the City's contractor for such records showing the names and addresses of the owner of record of each lot within three hundred feet (300′) of the boundaries of the property. This list shall be keyed to the map required by subsection (4) above and shall be accompanied by mailing labels.
E. Notice to Property Owners —Minor Exception with Notice. After receipt of a completed Minor Exception application, the Community Development Director shall provide notice to surrounding property owners as provided in section D above. Said notice shall include: a project description, information regarding where and when project Res. 25-0004
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plans can be viewed, a request for comments regarding said exception, and a commenting deadline date. No public hearing shall be required.
F. Director's Review and Action—All Minor Exceptions.
1. Notice of Decision. After the commenting deadline date, if any, and within thirty (30) days of receipt of a completed application, the Director shall approve, conditionally approve, or deny the required exception. The Director of Community Development shall send the applicant a letter stating the reasons for the decision under the authority for granting the exception, as provided by the applicable sections of this chapter. The letter also shall state that the Director's decision is appealable under the provisions of subsection (K) below. Notice of the decision also shall be mailed to all those individuals who received the initial notice to property owners described in subsection (E) above.
2. Findings. In making a determination, the Director shall be required to make the following findings:
a) The proposed project will be compatible with properties in the surrounding area, including, but not limited to, scale, mass, orientation, size and location of setbacks, and height.
b) There will be no significant detrimental impact to surrounding neighbors, including, but not limited to, impacts to privacy, pedestrian and vehicular accessibility, light, and air.
c) There are practical difficulty which warrants deviation from Code standards, including, but not limited to, lot configuration, size, shape, or topography, and/or relationship of existing building(s) to the lot.
d) That existing non -conformities will be brought closer to or in conformance with Zoning Code and Building Safety requirements where deemed to be reasonable and feasible.
e) That the proposed project is consistent with the City's General Plan, the purposes of this title and the zoning district where the project is located, the Local Coastal Program, if applicable, and with any other current applicable policy guidelines.
G. Additional Criteria —Sections A.68.030(D) and (E). When making a determination to approve an exception to Sections A.68.030(D) and (E), the Director shall also require the following criteria to be met, in addition to the findings in Section A.84.120 (F)(2), as stated above:
1. New construction must conform to all current Code requirements excep t as permitted by this Chapter.
2. Structural alterations or modifications, as regulated by Chapter A.68, to existing non-conforming portions of structures shall only be allowed as follows:
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a) To comply with Building Safety access, egress, fire protection and other safety requirements (i.e., stairs, windows) as determined to be significant by the Building Official.
b) For architectural compatibility (i.e., roof pitch and design, eave design, architectural features design) as determined to be necessary by the Director of Community Development.
c) Minor alterations to integrate a new 2nd or 3rd floor into an existing 1st and/or 2nd floor, as determined to be necessary by the Director of Community Development.
d) Architectural upgrades, including those associated with construction of new square footage, as determined to be necessary by the Director of Community Development.
e) Other minor alterations or modifications as determined to be necessary by the Director of Community Development.
3. A minimum of ten percent (10%) of the existing structure, located above the ground-level floor surface, based on project valuation as defined in Section A.68.030, shall be maintained.
4. Parking spaces may remain non -conforming with respect to the number of spaces, except as provided below, as well as the size, consistent with the provisions in Section A.64.090 Exceptions, which allows a one foot (1′) reduction in dimensions. Other minor parking non -conformities, including but not limited to, garage door width, turning radius, driveway width, and driveway visibility, may remain as determined by the Direct or of Community Development to be impractical to bring into conformance with Code requirements.
5. All existing parking, required in accordance with Chapter A.64, or by the provisions of this Section, shall be retained and shall not be reduced in number or size.
6. Projects under two thousand (2,000) square feet in area per dwelling unit shall provide a minimum one (1) car fully enclosed garage per dwelling unit.
7. Projects two thousand (2,000) square feet in area and up to two thousand eight hundred (2,800) square feet per dwelling unit shall provide a minimum two (2) car off-street parking with one (1) fully enclosed garage and one (1) unenclosed parking space per dwelling unit, which may be located in a required yard subject to Director of Community Development approval.
8. Projects two thousand eight hundred (2,800) square feet in area and up to three thousand six hundred (3,600) square feet per dwelling unit shall provide a minimum two (2) car fully enclosed garage per dwelling unit.
9. Projects three thousand six hundred (3,600) square feet in area per dwelling unit and over shall provide a minimum three (3) car fully enclosed garage per dwelling unit.
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10. All development on the site which is existing legal non -conforming development for zoning regulations may remain, however non -conformities shall be brought closer to or in conformance with current zoning requirements to the extent that it is reasonable and feasible.
11. The existing legal non -conforming portions of the structure that remain shall provide a minimum of fifty percent (50%) of the required minimum setbacks, unless there is an unusual lot configuration and relationship of the existing structure to the lot lines for minor portions of the building, then less than fifty percent (50%) of the minimum required setback may be retained.
12. All development on the site which is existing legal non -conforming for Building Safety regulations shall be brought into conformance with current regulations to the extent feasible, as determined by the Building Official.
13. After completion of the project(s) that is subject to the Minor Exception approval(s), no further addition(s) shall be permitted unless the entire structure is brought into conformance with the current Code requirements. This shall not preclude the submittal of multiple Minor Exceptions that meet the Code established criteria.
H. Conditions of Approval. In approving a minor exception permit, the Director may impose reasonable conditions necessary to:
1. Achieve the general purposes of this chapter and the specific purpose of the zoning district in which the minor exception will be located, or to be consistent with the General Plan;
2. Protect the public health, safety, and general welfare; or
3. Ensure operation and maintenance of the minor exception in a manner compatible with existing uses on adjoining properties in the surrounding area.
I. Effective Date —Appeals. Unless appealed in accordance with Chapter 10.100 of the Manhattan Beach Municipal Code, a minor exception decision shall become effective after expiration of the time limits for appeal set forth in Section 10.100.030 of the Manhattan Beach Municipal Code.
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Chapter A.94 Affordable Housing Density Bonus and Incentive Program.
A.94.010. General Affordable Housing Provisions
A.94.020. State Affordable Housing Density Bonus.
A.94.030. State Childcare Facility Density Bonus.
A.94.040. Affordable Housing Concessions and Incentives.
A.94.045 Waivers or Reductions of Development Standards.
A.94.050. Parking Reductions
A.94.060. Administration.
A.94.070. Density Bonuses for Housing Developments Accompanied by Land Donation.
A.94.010. General Affordable Housing Provisions
A. State Law Governs. The provisions of this chapter shall be governed by the requirements of Government Code Section 65915, as that statute is amended from time-to-time. Where conflict occurs between the provisions of this chapter and state law, the state law provisions shall govern, unless otherwise specified. The intent of the following regulations is to ensure that, to the maximum extent feasible; the requirements of Government Code Section 65915 are implemented in a manner consistent with the land use policies and zoning ordinance provisions set forth in the certified Local Coastal program. Any density bonus, concessions, incentives, waivers or reductions of development standards, and parking ratios to which the applicant is entitled under Government Code Section 65915 et. seq., shall be permitted in a manner that is consistent with that section and, if applicable, the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code). All applicable state and federal laws, including Health and Safety Code Section 17929, shall apply, as may be amended, to the extent that such amendments are not inconsistent with applicable MBLCP requirements.
B. Design of Affordable Units. Affordable housing units within mixed-income development projects shall include the same materials, finishes, and fixtures as market-rate units.
C. Availability of Affordable Units . All affordable housing units shall be constructed concurrently with, and made available for qualified occupants at the same time as, the market-rate housing units within the same project.
D. Affordable Housing Agreement. An Affordable Housi ng Agreement shall be made a condition of the planning permits for all projects granted a density bonu s, pursuant to this Chapter. Prior to recordation of a map or the issuance of a permit by the Building and Safety Division for any portion of the project other than demolition, whichever comes first, the a greement shall be recorded as a restriction on the parc el or parcels that are the subject of the housing development application. The Agreement shall be consistent with Section A.94.050.
E. Median Income Levels. For the purpose of determining the income levels for Households under this Chapter, the City shall use the Los Angeles County in come limits regularly updated and published by the State Department of Housing and Community Development, or other income limits adopted by the City Council if the State Department of Housing and Community Development fails to provide regular updates.
F. Effect of Granting Density Bonus. The granting of a density bonus or any other benefits pursuant to this chapter shall not, in and of itself, be interpreted to require a general plan amendment, zoning change, or other discretionary approval.
G. General Eligibility and Replacement Unit Requirements. An applicant shall not receive a density bonus or any benefit pursuant to this chapter if the housing development would §A.94.010
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be excluded under Government Code Section 65915. If applicable, the applicant must certify that the proposed project meets the replacement unit requirements identified in subparagraph (c)(3) of Government Code Section 65915 or any comparable requirement in Section 65915, as it may be amended from time to time.
A.94.020. State Affordable Housing Density Bonus.
A. For housing development qualifying pursuant to the requirements of Government Code Section 65915, the City shall grant a density bonus in an amount specified by Government Code Section 65915, as that section may be amended from time to time.
B. Except as otherwise required by Government Code Section 65915, the density bonus units shall not be included when calculating the total number of housing units that qualifies the housing development for a density bonus.
C. For the purpose of calculating the density bonus, the “maximum allowable residential density” shall have the same definition as found in Government Code Section 65915.
D. When calculating the number of permitted density bonus units and required affordable units , all fractional units shall be rounded up to the next whole number.
A.94.030. State Childcare Facility Density Bonus.
A. Intent. This section is intended to comply with Government Code Section 65915(h).
B. Density Bonus. When an applicant proposes to construct a housing development that conforms to the requirements of Section A.94.020.A (“Density Bonus”), and includes a childcare facility other than a family day care home that will be located on the premises of, as part of, or adjacent to, the project, the City shall grant either of the following:
1. Additional Density Bonus. A density bonus of additional residential units equal in square footage to the amount of square feet of the childcare facility, or
2. Additional Conces sion or Incentive. An additional concession or incentive that contributes significantly to the e conomic feasibili ty of the constr uction of the childcare facility.
C. Conditions of Approval. The City shall require as a condition of approving the housing development that the following occur:
1. Length of Operation. The childcare facility remains in operation for a period of time that is as long as, or longer than, the length of duration of affordability required by this chapter.
2. Attending Children. The percentage of children of very low, low or moderate income households who attend the childcare facility shall be the same or greater than the percentage by Government Code Section 65915(h).
D. Exceptions. The City shall not be required to provide a density bonus or concession for a childcare facility if it finds that, based upon subst antial evidence, the community has adequate childcare facilities.
A.94.040. Affordable Housing Concessions and Incentives.
A. Number of Incentives or Concessions. The City shall grant the applicant the number of incentives and concessions required by Government Code Section 65915 and grant the specific concession(s) or incentive(s) requested by the applicant, unless it makes any of the Res. 25-0004
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relevant written findings stated in Government Code Section 65915(d).
B. Senior citizen housing developments that qualify for a density bonus shall not receive any incentives or concessions unless the project qualifies due to the affordability of the project or Government Code Section 65915 is amended to specifically require that local agencies grant incentives or concessions for senior housing developments.
C. A request for a concession or incentive shall be accompanied by documentation demonstrating how the specific request results in identifiable and actual cost reductions to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in Government Code Section 65915.
A.94.045 Waivers or Reductions of Development Standards.
A. Except as restricted by Government Code Section 65915, the applicant for a density bonus may submit a proposal for the waiver or reduction of development standards that have the effect of physically precluding the construction of a housing development incorporating the density bonus and any incentives or concessions granted to the applicant.
B. A request for a waiver or reduction of development standards shall be accompanied by documentation demonstrating that the waiver or reduction is physically necessary to construct the housing development with the additional density allowed pursuant to the density bonus and incorporating any incentives or concessions required to be granted.
C. The City shall approve a waiver or reduction of a development standard, unless it finds that:
1. The application of the development standard does not have the effect of physically precluding the construction of a housing development at the density allowed by the density bonus and with the incentives or concessions granted to the applicant;
2. The waiver or reduction of the development standard would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact;
3. The waiver or reduction of the development standard would have an adverse impact on any real property that is listed in the California Register of Historical Resources; or
4. The waiver or reduction of the development standard would be contrary to state or federal law.
5. The waiver or reduction would result in an adverse impact to a coastal resource.
A.94.050. Parking Reductions.
The applicant may request, and the City shall grant, a reduction in parking requirements in accordance with Government Code Section 65915(p), as that section may be amended from time to time.
A.94.060. Administration.
A. Application. A preliminary review of development projects proposed pursuant to this Chapter is encouraged to identify potential application issues, including proposed modifications to development standard s. In addition to any other review required for a proposed housing development, applications for a density bonus and any benefits §A.94.050
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pursuant to this chapter shall be filed on a form approved by the director. The application shall be filed concurrently with an application for a development plan review or administrative approval , including a coastal development permit if required pursuant to Chapter A.96.
B. Permit requirements. The applicant shall agree to comply with the standard requirements for approval, as updated from time to time by the Community Development Director, that are publicly available at the time an application is submitted for the project.
1. The standard requirements may include, but are not limited to, i. Acknowledgement to provide the required number of affordable housing units that shall be available to tenants or owners who meet the eligible income threshold for the required duration of time;
ii. An indemnification clause to indemnify, protect, defend, and hold harmless the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, from any and all claims, demands, lawsuits, actions and so forth concerning the proposed project; iii. All units in the proposed project shall be subject to Section 4.88.020; and, iv. An affordable housing agreement per Section 10.94.060.F shall be recorded as a covenant on the title of the project site.
C. Processing of Application . Density bonus applications, and concessions and waivers requested pursuant to this chapter shall be approved or disapproved by the Community Development Director whose decision is final. City staff shall process the application for a density bonus concurrently with the application for the housing development.
D. Application Fee. At the time the application is submitted the applicant shall pay a density bonus application fee established by resolution of the City Council.
E. Duration of Affordability of Rental Units. All rental affordable housing units shall be kept affordable for a minimum period of 55 years, or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, rental subsidy program or state or federal law.
F. Duration of Affordability of For-Sale Units. All for-sale affordable housing units shall be made available in accordance with the requirements of Government Code Section 65915.
G. Affordable Housing Agreement Required. The terms of the Agreement shall ensure compliance with the requirements of this chapter and state law, and shall be reviewed and revised as appropriate by the Director and/or City Attorney. The City Manager shall have the authority to sign the agreement.
H. Notice of Conversions. Notice of conversions of affordable units to market-rate units shall be provided pursuant to the following requirements:
1. General. At least a one year notice shall be required prior to the conversion of any rental units for affordable households to market-rate.
1) Required Notice. Notice shall be given to the following:
a. The City;
b. The State Housing and Community Development Department (HCD); c. The Los Angeles County Housing Authority;
d. The residents of the affordable hou sing units proposed to be converted; and
e. Any other person deemed appropriate by the City.
I. Conversion of Affordable Rental Units. If an owner of a housing development issues §A.94.050
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a notice-of-intent to convert affordable housing rental units to market-rate housing, the City shall consider taking one or more of the following actions:
1. Meet with the owner to determine the owner’s financial objectives;
2. Determine whether financial assistance to the current owner will maintain the affordability of the rental housing development or whether acquisition by another owner dedicated to maintaining the affordability of the development would be feasible; and
3. If necessary to maintain the affordability of the housing unit or facilitate sale of the rental development, consider the use of assistance in accessing state or federal funding.
A.94.070. Density Bonuses for Housing Developments Accompanied by Land Donation.
A. An applicant for a tentative subdivision map, parcel map, or other residential development approval that donates land to the City and meets all of the eligibility criteria in Government Code Section 65915(g) shall be entitled to the density bonus identified in Government Code Section 65915(g).
B. Except as otherwise required by state law, an applicant that receives a density bonus in exchange for donating land pursuant to this section shall not be entitled to any of the other benefits provided by this chapter.
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§A.96.010
Chapter A.96. Coastal Development Permit Procedures
A.96.010. Specific purpose.
A.96.020. Zoning map designator.
A.96.030. Definitions.
A.96.040. Requirement for coastal development permit.
A.96.050. Exemptions/categorical exclusions.
A.96.060. Pre-application conference.
A.96.070. Application requirements.
A.96.080. Action on coastal development permit.
A.96.090. Public hearing and comment.
A.96.100. Notice for appealable development.
A.96.110. Notice for other projects.
A.96.120. Standards for application review.
A.96.130. Precedence of local coastal program.
A.96.140. Conditions.
A.96.150. Findings.
A.96.160. Appeals.
A.96.170. Expiration of coastal development permit.
A.96.180. Permit amendment.
A.96.190. Emergency Coastal Development Permit.
A.96.200. Reapplication.
A.96.210. Revocation.
A.96.220. Assignment of Permits.
A.96.230. Judicial Review, Enforcement and Penalties.
A.96.240. Coastal Commission Review of Recorded Documents.
A.96.250. Local Coastal Program Amendments.
A.96.260. Public Hearing Waiver for Minor Development
A.96.010. Specific purpose.
In addition to the general purposes listed in Chapter A.01, the specific purpose of Coastal Development Permit Procedures is to implement the Coastal Act of 1976 (Division 20 of the Public Resources Code) as amended, in accordance with the Local Coastal Program of the City of Manhattan Beach. The regulations of this chapter shall apply in the Coastal Zone, as defined by the Coastal Act and map prepared by the California Coastal Commission.
(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)
A.96.020. Zoning map designator.
The zoning map shall show all property affected by adding a " -CZ" to the base district designator. The regulations of this chapter shall apply in addition to the regulations of any district with which the CZ District is combined, and where conflicts arise, the regulations of this chapter shall govern. (Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)
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§A.96.030
A.96.030. Definitions.
For the purpose of this chapter, certain terms used herein are defined as follows:
A. "Aggrieved person" means any person who, in person or through a representative, appeared at a public hearing or by other appropriate means prior to action on a Coastal Development Permit, informed the City of his or her concerns about an application for such permit, or who, for good cause, was unable to do either, and who objects to the action taken on such permit and wishes to appeal such action to a higher authority.
B. "Appealable development" means any development project which may be appealed to the Commission in accordance with the adopted regulations of the Coastal Commission and is located within or constitutes any of the following:
1. Approval of a development project located within any appealable area, as follows:
a. All area between the sea and first public road paralleling the sea or within three hundred (300) feet of the inland extent of any beach or the mean, high-tide line of the sea where there is no beach, whichever is the greater distance.
b. All area within one hundred (100) feet of any wetland, estuary, or stream and all area within three hundred (300) feet of the top of the seaward face of any coastal bluff. [30603(a)(1)&(2)]
2. Approval or denial of a development project which constitutes a major public works project or a major energy facility.[30603(a)(5]
C. "Applicant" means the person, partnership, corporation, or state or local government agency applying for a Coastal Development Permit.
D. "Approving Authority" means a City officer, City Council, commission, or board approving a Coastal Development Permit.
E. "Coastal Commission" means the California Coastal Commission.
F. "Coastal Development Permit" means a certificate issued by the City of Manhattan Beach in accordance with the provisions of this chapter, approving development in the Coastal Zone as being in conformance with the Local Coastal Program. A Coastal Development Permit includes all application materials, plans and conditions on which the approval is based. [30101.5]
G. "Coastal Policy Checklist" means a form prepared and completed by the Director of Community Development as a guide for reviewing a Coastal Development Permit application for conformance with the Local Coastal Program. It shall list appropriate application information, all local Coastal Program policies, those policies with which the application does not comply, and recommended conditions, if any, which could be imposed to bring the application into compliance.
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§A.96.030
H. "Coastal Zone" means that portion of the Coastal Zone, as established by the Coastal Act of 1976 and as it may subsequently be amended, which lies within the City of Manhattan Beach, as indicated on a map on record with the Department of Community Development.
I. "Development" means, on land, in or under water, the placement or erection of any solid material or structure; discharge or disposal of any materials; grading, removing, dredging, mining, or extraction of any materials; change in the density or intensity of use of land, including, but not limited to, subdivision pursuant to the Subdivision Map Act (commencing with Section 66410 of the Government Code), and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition, or alteration of the size of any structure, including any facility of any private, public, or municipal utility; and the removal or harvesting of major vegetation other than for agricultural purposes, kelp harvesting and timber operations. [30106]
As used in this section, "structure" includes, but is not limited to, any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line.
J. "Historic Structure" means, in accord with the Health and Safety Code Section 18955, any structure, collection of structures, and their associated sites deemed of importance to the history, architecture, or culture of any area by an appropriate local or state governmental jurisdiction. This definition shall include structures on existing or future national, state, or local historical registers, or official inventories such as the National Register of Historical Places, State Historical Landmarks, State Points of Historical Interest, and city or county registers of inventories of historical or architecturally significant sites, places, historic districts, or landmarks.
K. "Local Coastal Program" means the City's land-use plans, Planning and Zoning Ordinances, zoning maps, and implementing actions certified by the Coastal Commission as meeting the requirements of the California Coastal Act of 1976.
L. "Major Energy Facility" means any public or private processing, producing, generating, storing, transmitting, or recovering facility for electricity, natural gas, petroleum, coal or other source of energy which exceeds one hundred thousand dollars ($100,000.00) in its estimated costs of construction with an automatic increase in accordance with the Engineering News Record Construction Cost Index, except for those governed by the provisions of Public Resources Code Sections 30610, 30610.5, 30611 or 30624. [13012]
"Energy facility" means any public or private processing, producing, generating, storing, transmitting, or recovering facility for electricity, natural gas, petroleum, coal, or other source of energy.
M. "Major Public Works Project" means:
1. a public works project which exceeds one hundred thousand dollars ($100,000.00) in its estimated cost of construction with an automatic increase in accordance with the Engineering News Record Construction Cost Index, except for those governed by the provisions of Public Resources Code Sections 30610, 30610.5, 30611 or 30624.
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§A.96.030
2. Notwithstanding the criteria in (1), "major public works" also means publicly financed recreational facilities that serve, affect, or otherwise impact regional or statewide use of the coast by increasing or decreasing public recreational opportunities or facilities. [13012(a) and (b)]
"Public works" means the following:
(a) All production, storage, transmission, and recovery facilities for water, sewerage, telephone, and other similar utilities owned or operated by any public agency or by any utility subject to the jurisdiction of the Public Utilities Commission, except for energy facilities.
(b) All public transportation facilities, including streets, roads, highways, public parking lots and structures, ports, harbors, airports, railroads, and mass transit facilities and stations, bridges, trolley wires, and other related facilities.
(c) All publicly financed recreational facilities, all projects of the State Coastal Conservancy, and any development by a special district.
(d) All community college facilities.
N. "Other Permits and Approvals" means permits and approvals, other than a Coastal Development Permit, required by the City of Manhattan Beach Municipal Code before a development may proceed.
O. "Overlay District" means a set of zoning requirements, described in the ordinance text and mapped, which is imposed in addition to the requirements of one or more underlying districts. Development in such districts must comply with the requirements of both the Overlay District and the underlying base zoning district and Area District.
P. "Permittee" means the person, partnership, corporation or agency issued a Coastal Development Permit.
Q. "Principal Permitted Use" means any use representative of the basic zone district allowed without a use permit in that underlying district.
R. "Project" means any development as defined in this section.
S. "Project Appealable to the Coastal Commission" means "Appealable development" as defined in this section. [30603]
T. "Sea" means the Pacific Ocean and all harbors, bays, channels, estuaries, salt marshes, sloughs, and other areas subject to tidal action through any connection with the Pacific Ocean, excluding nonestuarine rivers, streams, tributaries, creeks, and flood control and drainage channels.
U. "Sensitive coastal resource areas" means those identifiable and geographically bounded land and water areas within the coastal zone of vital interest and sensitivity. "Sensitive coastal resource areas" include the following:
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(a) Special marine and land habitat areas, wetlands, lagoons, and estuaries as mapped and designated in the coastal plan.
(b) Areas possessing significant recreational value.
(c) Highly scenic areas.
(d) Archaeological sites referenced in the California Coastline and Recreation Plan or as designated by the State Historic Preservation Officer.
(e) Special communities or neighborhoods which are significant visitor destination areas.
(f) Areas that provide existing coastal housing or recreational opportunities for low - and moderate-income persons.
(g) Areas where divisions of land could substantially impair or restrict coastal access.
V. "Special district" means any public agency, other than a local government as defined in this chapter, formed pursuant to general law or special act for the local performance of governmental or proprietary functions within limited boundaries. "Special district" includes, but is not limited to, a county service area, a maintenance district or area, an improvement district or improvement zone, or any other zone or area, formed for the purpose of designating an area within which a property tax rate will be levied to pay for service or improvement benefiting that area.
W. "Zoning ordinance" means an ordinance authorized by Section 65850 of the Government Code or, in the case of a charter city, a similar ordinance enacted pursuant to the authority of its charter.
(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)
A.96.040. Requirement for coastal development permit.
Except as provided by Section A.96.050, any person, partnership, or corporation, or state or local government agency wishing to undertake any development, as defined in Section A.96.030, in the CZ District, shall obtain a Coastal Development Permit in accordance with the provisions of this chapter, in addition to any other permit required by law. Development undertaken pursuant to a Coastal Development Permit shall conform to the plans, specifications, terms and conditions approved or imposed in granting the permit.
(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)
A coastal development permit is required for any development, including gates, parking controls, new locations for parking meter areas, changes in fee structure, expansion of times and hours in which monthly permits may be offered, or other devices in the coastal zone that change the availability of long and short term public parking, including, but not limited to, changes in the operation of the City parking management program established in §A.64.230. All parking management permits shall be reviewed for consistency with the Local Coastal Program and with the public access and recreation policies of the Coastal Act of 1976.
A.96.050. Exemptions/categorical exclusions.
The projects listed below shall be exempt from the requirement for a Coastal Development Permit.
Requirements for any other permit are unaffected by this section:
A. Improvements to Existing Single -Family Residences . Improvements to single -family Res. 25-0004
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dwellings and mobilehomes including structures normally associated with a single -family residence such as garages, swimming pools, fences, storage sheds and landscaping are exempt unless classified as one of the following:
1. Guest houses and self-contained second residential units.
2. Improvements to any structure located on a beach, wetland or stream, or where the structure or proposed improvements would encroach within fifty (50) feet of a coastal bluff edge.
3. Improvements to any structure between the sea and first public roadway paralleling the sea, or within three hundred (300) feet of the inland extent of any beach, whichever is the greater distance when such improvements would constitute or result in any of the following:
a. An increase of 10 percent or more of the internal floor area of the existing structure(s) on the building site or an additional increase in floor area bringing the aggregate increase to 10 percent or more.
b. The construction of an additional story or loft or increase in building height of more than 10 percent.
c. The construction, placement or establishment of any significant detached structure such as a garage, fence, shoreline protective works or dock.
4. Expansion or construction of a water well or septic system.
5. Improvements in an area which the Coastal Commission has determined to have a critically short water supply that must be maintained for the protection of coastal resources or public recreational use including the construction of any major water using development not essential to residential use such as, but not limited to, swimming pools or the construction or extension of any landscaping irrigation system.
6. Any improvement where the coastal development permit issued for the original structure indicates that future additions would require a coastal development permit.
7. Any significant alteration of land forms including removal or placement of vegetation on a beach, wetland, or sand dune, or within 50 feet of the edge of a coastal bluff or stream, or in areas of natural vegetation designated by resolution of the Coastal Commission as a significant natural habitat. [13251]
B. Existing Structures Other than Single -Family Residences or Public Works Facilities . The maintenance and alteration of, or addition to, existing structures other than single -family dwellings and public-works facilities, provided the project does not involve the following:
1. Any improvement to a structure that changes the intensity or use of the structure;
2. Any improvement made pursuant to conversion of an existing structure from a multiple-unit rental use or a visitor serving commercial rental use to a use involving a fee ownership, or long term leasehold, including, but not limited to, a condominium conversion or stock cooperative conversion; Res. 25-0004
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3. All nonexemptions contained in subsections (1) through (6) of §A.96.050(A) of this chapter.
4. Any significant alteration of land forms including removal or placement of vegetation on a beach, wetland or sand dune, or within 100 feet of the edge of a coastal bluff or stream or in areas of natural vegetation designated by resolution of the Coastal Commission as a significant natural habitat.
5. Any improvements to a structure where the development permit issued for the original structure by the Commission indicated that any future improvements would require a development permit. [13252]
C. Repair or Maintenance Activities. Repair or maintenance activities that do not result in an addition to or enlargement or expansion of the object of those repair maintenance activities, unless classified under one of the following:
1. Repair or maintenance of a seawall revetment, bluff retaining wall, breakwater, groin, culvert, outfall or similar shoreline work which involves:
a. Substantial alteration of the foundation including pilings and other surface and subsurface structures.
b. The placement, whether temporary or permanent, of rip -rap, or artificial berms of sand, or any other form of solid material, on a beach or in coastal waters, streams, wetlands, estuaries, or on shoreline protective works.
c. The replacement of twenty (20) percent or more of the materials of an existing structure with materials of a different kind.
d. The presence, whether temporary or permanent, of mechanized construction equipment or materials on any sand area or bluff or within twenty (20) feet of coastal waters or streams.
2. The replacement of twenty (20) percent or more of a seawall revetment, bluff retaining wall, breakwater, groin, or similar protective work under one ownership, unless destroyed by natural disaster.
3. Any method of routine maintenance dredging that involves the dredging of one hundred thousand (100,000) cubic yards or more within a twelve (12) month period; or in the placement of dredge spoils of any quantity within an environmentally sensitive habitat area, or any sand area, within fifty (50) feet of the edge of a coastal bluff or environmentally sensitive habitat area, or within (20) twenty feet of coastal waters or streams; or the removal, sale, or disposal of dredge spoils of any quantity that would be suitable for beach nourishment in an area the Coastal Commission has declared by resolution to have a critically short sand supply that must be maintained for protection of structures, coastal access, or public recreational use.
4. Any repair or maintenance to facilities or structures or work located in an environmentally sensitive habitat area, any sand area, within fifty (50) feet of the edge of a coastal bluff or environmentally sensitive habitat area; or within twenty Res. 25-0004
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(20) feet of any coastal waters and streams that include:
a. The placement or removal, whether temporary or permanent, of rip -rap, rocks, sand or other beach materials or any other forms of solid materials.
b. The presence, whether temporary or permanent, of mechanized equipment or construction materials, except that the use of such equipment solely for routine beach cleaning and park maintenance shall not require a coastal development permit.
D. Utility Connection. The installation, testing and placement in service, or the replacement of any necessary utility connection between an existing service facility and any development.
E. Replacement of Structures Following Disaster . The replacement of any structure, other than a public works facility, destroyed by disaster (any situation in which the force or forces which destroyed the structure to be replaced were beyond the control of its owner), provided such replacement structure:
1. Shall conform to zoning requirement applicable at time of replacement; and
2. Shall be for the same use as the destroyed structure; and
3. Such replacement structure does not exceed the floor area, height or build of the destroyed structure by more than 10 percent and is sited in the same location on the same building site as the destroyed structure.
(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)
F. Categorical Exclusions. Specific types of development may be exempted from coastal permit requirements per the provisions of California Coastal Commission Administrative Regulations Sections 13250 - 13253. Such exemptions shall require approval, per an order of categorical exclusion, from the California Coastal Commission. Records of any future categorical exclusions shall be kept on file with the Community Development Department.
A.96.060. Pre-application conference.
A prospective applicant may request a pre -application conference with the Director of Community Development prior to formal submittal of an application for a Coastal Development Permit. At such conference, the Director of Community Development shall acquaint the property owner with Local Coastal Program policies, plans and requirements as they apply to the site and the proposed project, suggest improvements to the proposed project based on review of plans provided by the property owner, and inform the owner of the steps necessary prior to formal action on the project. The plans provided by the owner should be drawn approximately to scale and should contain in a general manner, the information required by Section A.96.070 for a site plan. The Director of Community Development shall exercise discretion in granting requests for such conferences so as not to infringe upon other staff duties. (Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)
A.96.070. Application requirements.
Application for a Coastal Development Permit shall be made to the Department of Community Development on forms provided by the Director of Community Development. Where required by this chapter, application for a Coastal Development Permit shall be made prior to or concurrently with application for any other permit or approvals required for the project by the City of Manhattan Beach Municipal Code. The application for a Res. 25-0004
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Coastal Development Permit shall be accompanied by:
A. The required fee;
B. A location map showing the site to be developed in relation to nearby lots, streets, highways, and major natural features such as the ocean, beaches, wetlands, and major landforms;
C. A site plan, to scale, showing:
1. Existing and proposed property lines on the sites, including all easements over or adjacent to the site;
2. Existing and proposed topography, at a contour interval appropriate to the size of the site to be developed;
3. All existing and proposed structures, roads, utility lines, signs, fences and other improvements; and
4. Major natural and man-made landscape features, including location, type and size of any trees or other vegetation to be removed or planted;
D. Building elevations showing:
1. All exterior walls;
2. Type of roof and other exterior materials; and
3. Location and design of roof equipment, trash enclosures, fences, exterior lights, signs, and other exterior structures and equipment.
E. Any additional information determined by the Director of Community Development within thirty days of the coastal development permit application submittal, to be necessary for evaluation of the proposed development.
F. A description and documentation of the applicant's legal interest in all the property upon which work would be performed, if the application were approved. [30601.5]
G. A dated signature by or on behalf of each of the applicants, attesting to the truth, completeness and accuracy of the contents of the application, and if the signer is not the applicant, written evidence that the signer is authorized to act as the applicant's representative. [13053.5]
H. In the CL, CD, and CNE zones, written evidence, including drawings, showing consistency with the certified local coastal program, including but not limited to materials showing consistency with policies mandating "pedestrian oriented" design, and compliance with the LCP standards with regard to parking supply and the actual cost of constructing parking spaces.
I. In Area District III, drawings, plans and other information showing consistency with the public parking and walk street protection and density standards of the LCP.
A.96.080. Action on coastal development permit.
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A. All development undertaken after November 8, 1972, within the coastal zone as defined in the Coastal Initiative of 1972, or after January 1, 1977, within the coastal zone as defined by the Coastal Act of 1976, shall have a valid coastal development permit issued by the California Coastal Commission or by the City pursuant to this Local Coastal Program.
1. The City's jurisdiction over coastal development permits does not include tidelands, submerged lands, public trust lands as described in Section 30519 of the Public Resources Code.
2. Development authorized by a Commission -issued permit remains under the jurisdiction of the Commission for the purposes of condition compliance, amendment, extension, reconsideration and revocation.
3. Any proposed development within the certified area which the City preliminarily approved before effective certification of the Local Coastal Program but which has not been filed complete with the Commission for approval shall be re-submitted to the City through an application for a permit pursuant to this LCP. Decision on the application shall be based solely on the requirements of this LCP.
4. Any proposed development within the certified area which the City preliminarily approved before effective certification of the Local Coastal Program and for which an application has been filed complete with the Commission may, at the option of the applicant, remain with the Commission for completion of review. Commission review of any such application shall be based upon the certified LCP. Alternatively, the applicant may re -submit the proposal to the City through an application for a permit pursuant to this LCP. Decision on the application shall be based solely upon this LCP. Projects which elect to obtain a coastal permit from the Coastal Commission will remain under the jurisdiction of the Commission as set forth in (1) above. [13546]
5. Upon effective certification of a certified Local Coastal Program, no applications for development shall be accepted for development within the certified area.
B. Action to approve, conditionally approve, or deny a Coastal Development Permit shall be taken by the Director of Community Development, the Planning Commission, the Public Works Commission, or the City Council, whichever has responsibility for final approval of other discretionary permits, including parcel maps and lot line adjustments, if such discretionary permits are required. To the extent possible, action on a Coastal Development Permit shall be taken concurrently with action on other permits or approvals required for the project.
C. At the time an application for development is submitted, the Community Development Director or his/her designee shall determine and inform the applicant, based on the provisions of this Chapter, and all applicable maps, zoning regulations and specific plan regulations, that the development project is one of the following:
1. Within an area where the Coastal Commission continues to exercise original permit jurisdiction as defined in Section 30519, an applicant must obtain a coastal development permit directly from the Coastal Commission;
2. Appealable to the Coastal Commission and requires a coastal development permit; Res. 25-0004
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3. Non-appealable to the Coastal Commission and requires a coastal development permit;
4. Categorically excluded or exempt and does not require a coastal development permit. [13569]
D. Where an applicant, interested person, or a local government has a question as to the appropriate designation for the development, the following procedures shall establish whether a development is exempt, categorically excluded, non-appealable or appealable:
1. The local government shall make its determination as to what type of development is being proposed (i.e. exempt, categorically excluded, appealable, non - appealable) and shall inform the applicant of the notice and hearing requirements for that particular development. The local determination may be made by any designated local government employee(s) or any local body as provided in local government procedures.
2. If the determination of the local government is challenged by the applicant or an interested person, or if the local government wishes to have a Commission determination as to the appropriate designation, the local government shall notify the Commission by telephone of the dispute/question and shall request an Executive Director's opinion.
3. The Executive Director shall, within two (2) working days of the local government request (or upon completion of a site inspections where such inspection is warranted), transmit his or her determination as to whether the development is exempt, categorically excluded, non-appealable or appealable.
4. Where, after the Executive Director's investigation, the Executive Director's determination is not in accordance with the local government's determination, the Commission shall hold a hearing for purposes of determining the appropriate designation for the area. The Commission shall schedule the hearing on the determination for the next Commission meeting (in the appropriate geographic region of the State) following the local government request. [13569(a)-(d)] (Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)
A.96.090. Public hearing and comment.
A. The appropriate person or body specified in Section A.96.080 shall hold a public hearing prior to any action on a Coastal Development Permit where:
1. Action or recommendation on other permits or approvals required for the project require the holding of a public hearing;
2. The permit is for development appealable to the Commission as defined in §A.96.030 and §A.96.160.
B. A public hearing on a Coastal Development Permit may be held concurrently with any other public hearing on the project but all decisions on coastal development permit applications must be accompanied by separate written findings.
C. Any person may submit written comment on an application for a Coastal Development Res. 25-0004
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Permit, or on a Coastal Development Permit appeal at any time prior to the close of the applicable public hearing. If no public hearing is required, written comments may be submitted prior to the decision date specified in the public notice. Written comments shall be submitted to the Director of Community Development who shall forward them to the appropriate person, commission, board, or the Council, and to the applicant. (Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)
A.96.100. Notice and Procedures for appealable development.
Notice of development appealable to the Coastal Commission shall be provided as follows:
A. Contents of Notice.
1. A statement that the development is within the Coastal Zone and is appealable to the Coastal Commission;
2. The date of filing of the application and the name of the applicant;
3. The file number assigned to the application;
4. A description of the development and its proposed location;
5. The date, time, and place at which the application will be heard;
6. A brief description of the general procedure concerning the conduct of hearing and local actions; and
7. The system for local and Coastal Commission appeals, including any local fees required.
B. Provision of Notice Prior to Public Hearing. Notice shall be mailed at least 10 days before the first public hearing on the project to the following:
1. Applicant;
2. Owner of the property;
3. All property owners and residents within 100 feet from the perimeter of the subject parcel;
4. All persons who have, within the past calendar year, submitted a written request for notice of all Coastal Permit applications and all persons who at any time have requested to be on the mailing list for that development project; [13565]
5. The Coastal Commission;
6. Public agencies which, in the judgment of the Director of Community Development, have an interest in the project; and
7. A newspaper of general circulation in the Coastal Zone. The notice is to be published once.
C. Notice of Continued Public Hearings. If a decision of an appealable Coastal Development Res. 25-0004
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Permit is continued to a time that has not been stated in the initial notice or at the public hearing, notice of the continued hearing shall be provided in the manner prescribed by paragraph (B) above.
D. Finality of Local Government Action. A decision on an application for a development shall not be deemed complete until (1) the decision on the application has been made and all required findings have been adopted, including specific factual findings supporting the legal conclusions that the proposed development is or is not in conformity with the certified LCP and, where applicable, with the public access and recreation policies of Chapter 3 of the Coastal Act, and (2) when all local rights of appeal have been exhausted.
E. Exhaustion of Local Appeals. For appealable development, an appellant must pursue and exhaust local appeals under the City's appeal procedures for purposes of filing an appeal under the Coastal Commission's regulations, except that exhaustion of all local appeals shall not be required if any of the following occur;
1. an appellant is denied the right of the initial local appeal by a local ordinance which restricts the class of persons who may appeal the local decision; or
2. an appellant is denied the right of local appeal because local notice and hearing procedures for the development did not comply with the provisions of the Chapter; or
3. the City charges an appeal fee for the filing or processing of appeals; or
4. where a project is appealed by any two (2) members of the Coastal Commission. [13573]
F. Notice of Final Government Action. Within seven (7) calendar days of a local government completing its review and meeting the requirements of §A.96.100 D, notice of the final local decision, including written findings for approval and conditions (if any) on the project proposal and the procedures for appeal of the decision to the City Council, shall be mailed to the following people and agency: [13571(a)]
1. The applicant;
2. The owner of the subject parcel;
3. All persons who have submitted a written request for notification of action on this specific permit, and have submitted a self-addressed, stamped envelope (or, where required, have paid a reasonable fee to receive such notice); and,
4. The Coastal Commission.
G. Failure to Act - Notice.
1. Notification by Applicant: If a local government has failed to act on an application within the time limits set forth in Government Code Sections 65950 -65957.1, the person claiming a right to proceed with the development pursuant to Government Code Sections 65950 -65957.1 shall provide the notice required by Government Code Sections 65956. [13571(b)(1)]
2. Notification by Local Government: When a local government determines that the Res. 25-0004
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time limits established pursuant to Government Code Sections 65950 -65957.1 have expired and that the notice required by law has occurred, the local government shall, within seven (7) calendar days of such determination, notify any person
entitled to receive notice pursuant to §A.96.100 that the application has been approved by operation of law pursuant to Government Code Sections 65950 - 65957.1 and the application may be appealed to the Commission pursuant to §A.96.160. (This section shall apply equally to a local government 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.) [13571 (b)(2)]
H. Local Action -- Effective Date . A final decision on an application for an appealable development shall become effective after the ten (10) working day appeal period to the Coastal Commission has expired unless either of the following occur:
1. an appeal is filed in accordance with the procedures set forth by the Coastal Commission;
2. the notice of final local government action does not meet the requirements of subsections F and G above.
When either of the circumstances in 1 or 2 occur, the Coastal Commission shall, within five (5) calendar days of receiving notice of that circumstance, notify the City and the applicant that the effective date of the local government action has been suspended. (Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)
A.96.110. Notice for other projects.
A. Notice of projects for which a public hearing is required but which are not appealable to the Coastal Commission.
1. Contents of Notice.
a. A statement that the development is within the Coastal Zone but is not appealable to the Coastal Commission;
b. The date of filing of the application and the name of the applicant;
c. The file number assigned to the application;
d. A description of the development and its proposed location;
e. The date, time, and place at which the application will be heard;
f. A brief description of the general procedure concerning the conduct of hearing and local actions.
2. Provision of Notice: Notice of developments shall be given at least 10 calendar days before the first public hearing in the following manner:
a. If the matter is heard by a board or commission, notice shall be published Res. 25-0004
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in a newspaper of general circulation;
b. Notice by first -class mail to any person who has filed a written request therefore;
c. Notice by first-class mail to property owners within 300 feet; [13568(a)(3)]
d. Notice by first-class mail to the Coastal Commission; and
e. Notice by first class mail to residents within 100 feet of the proposed project. [13568(a)(4)]
B. Notice of projects for which no public hearing is required and which are not appealable to the Coastal Commission.
1. Contents of Notice:
a. A statement that the development is within the Coastal Zone but is not appealable to the Coastal Commission;
b. The date of filing of the application and the name of the applicant;
c. The file number assigned to the application;
d. A description of the development and its proposed location;
e. The date, the application will be acted upon by the local governing body or decision maker;
f. The general procedure concerning the submission of public comments either in writing or orally prior to a decision on the application; and
g. A statement that a public comment period of sufficient time to allow for the submission of comments by mail will be held prior to any decision.
2. Provision of Notice: Notice of these development proposals shall be given within 10 days of acceptance of the application or at least seven days prior to the local decision date to the following people and agencies:
a. The applicant;
b. The owner of the property;
c. All property owners and residents within 100 feet of the perimeter of the subject parcel;
d. All persons who have, within the past calendar year, submitted a written request for notice of all Coastal Permits applications;
e. All persons who have requested, in writing, notices relating to the Coastal Permit in question; and
e. The Coastal Commission.
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C. Categorically Excluded Development: A current record of all permits issued for categorically excluded developments shall be available for public and Coastal Commission review, and shall include the following information for each permit: name of applicant, location of the
project, and brief description of the project. Development included in a categorical exclusion area adopted pursuant to the California Coastal Act and approved by the California Coastal Commission, is exempt from other procedures contained in this Chapter except that the City shall provide the Coastal Commission with notification of such permit issuance within five (5) working days. [13248]
(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)
A.96.120. Standards for application review.
The official or body acting on a Coastal Development Permit shall review the project for compliance with: all applicable plans, policies, requirements and standards of the Local Coastal Program; the City's General Plan; requirements of the Planning and Zoning Ordinance; and other provisions of this title. To assist this review, the Director of Community Development shall, as part of the recommendation, complete a Coastal Policy Checklist.
(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)
A.96.130. Precedence of local coastal program.
Where the plans, policies, requirements or standards of the Local Coastal Program, as applied to any project in the CZ District, conflict with those of the underlying Area District or zoning district or other provisions of this title, the plans, policies, requirements or standards of the Local Coastal Program shall take precedence.
(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)
A.96.140. Conditions.
Approval of a Coastal Development Permit shall be subject to conditions as necessary to ensure conformance with, and implementation of, the Local Coastal Program. Modification and resubmittal of project plans, drawings, and specifications may be required to ensure conformance with the Local Coastal Program. When modification and resubmittal of plans is required, action shall be deferred for a sufficient period of time to allow the Director of Community Development to prepare his/her recommendation on the modified project.
(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)
A.96.150. Findings.
All decisions on Coastal Development Permits shall be accompanied by written findings: [13096]
A. That the project, as described in the application and accompanying materials, as modified by any conditions of approval, conforms with the certified Manhattan Beach Local Coastal Program; and
B. If the project is located between the first public road and the sea, that the project is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act of 1976 (Commencing with Section 30200 of the Public Resources Code). (Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)
A.96.160. Appeals.
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Development pursuant to an approved Coastal Development Permit shall not commence until the Coastal Development Permit is effective. The Coastal Development Permit is not effective until all appeals, including those to the Coastal Commission, have been exhausted. In the event that the Coastal Commission denies the permit or issues a permit on appeal, the Coastal Development Permit approved by the City is void.
A. Action by the Director of Community Development may be appealed to the Planning Commission. Action by the Planning Commission may be appealed only to the City Council. Any appeal by an aggrieved person, except an appeal by a City Councilperson or the Mayor, must be initiated within 15 days from the date of the decision. The appeal period ends at the close of the business day for City Hall on the first City Hall working day no less than fifteen days after the decision maker’s action.
1. The matter shall be scheduled for City Council review at the first regularly scheduled meeting following the decision for which the matter can be legally noticed. The Mayor or any City Council member may appeal the permit at the time of or before the City Council meeting at which the decision is reported to the City Council.
2. An appeal from the decision of the Director of Community Development shall be filed with the Department of Community Development on a form provided by the Director of Community Development. The appeal shall be accompanied by a fee set by resolution of the City Council and a statement of the grounds for the appeal.
3. An appeal from the decision of the Planning Commission shall be filed with the City Clerk on a form provided by the City Clerk. The appeal shall be accompanied by a fee set by resolution of the City Council and a statement of the grounds for the appeal.
a. The Mayor or any member of the City Council may appeal any matter by requesting a public hearing on the appeal within the time limit set forth in Section A.96.160 A. The Mayor or City Council member appealing any matter shall be disqualified from hearing the appeal unless he or she certifies that the appeal was made in the public interested or welfare.
b. Decisions that are appealed shall not become effective until the appeal has been resolved or withdrawn.
4. It shall be the duty of the Director of Community Development to forward a Coastal Development Permit appeal, together with recommendation thereof, to the appropriate body specified in Paragraph A above for its action.
B. Appeals to the Coastal Commission. Within ten (10) working days from the date of Coastal Commission receipt of the notice of final action, all appealable development, as defined in §A.96.030, may be appealed to the Coastal Commission in accordance with Coastal Commission regulations by a qualified appellant, as defined in §A.96.160 D.
1. The ground for appeal to the Commission of a final local approval shall be limited to an allegation that the development does not conform to the standards set forth in the certified local coastal program or the public access policies of Chapter 3. [30603(b)(1)]
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2. The grounds for appeal to the Commission of a denial of a major public works project or major energy facility shall be limited to an allegation that the development conforms to the standards set forth in the certified local coastal program or the public access policies of Chapter 3. [30603(b)(2)]
C. A final decision on an application for an appealable development shall become effective after the 10th working day appeal period to the Coastal Commission has expired unless either of the following occur:
1. an appeal is filed in accordance with the procedures set forth by the Coastal Commission;
2. the notice of final local government action does not meet the requirements of §A.96.100 F and G above.
D. An appeal pursuant to this chapter may only be filed b y the applicant for the Coastal Development Permit in question, an aggrieved person as defined in §A.96.030(a) , or any 2 members of the Coastal Commission.
(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)
A.96.170. Expiration of coastal development permit.
A Coastal Development Permit shall expire on the latest expiration date applicable to any other permit or approval required for the project, including any extension granted for other permits or approvals. Should the project not require City permits or approvals other than a Coastal Development Permit, the Coastal Development Permit shall expire 1 year from its date of approval if the project has not been commenced during that time. The approving authority may grant a reasonable extension of time for due cause. Said time extension shall be requested in writing by the applicant or authorized agent prior to expiration of the one-year period.
(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)
A.96.180. Permit amendment.
Upon application by the permittee, a Coastal Development Permit may be amended by the approving authority. Application for and action on an amendment shall be accomplished in the same manner specified by this chapter for initial approval of Coastal Development Permit. All sections of this chapter shall apply to permit amendments.
(Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91)
A.96.190. Emergency Coastal Development Permit. [30611,30624,13136-13144]
In the event of a verified emergency, temporary emergency authorization to proceed with remedial measures may be given by the Director of Community Development or his/her designee until such time as a full coastal development permit application shall be filed.
A. Application. Application shall be made to the Director of Community Development by letter if time allows, or in person or by telephone, if time does not allow. The information, to be reported at the time of the emergency or within three days after the emergency, shall include the following:
1. Nature of the emergency;
2. Cause of the emergency, insofar as this can be established; Res. 25-0004
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3. Location of the emergency;
4. The remedial, protective, or preventative work required to deal with the emergency;
5. The circumstances during the emergency that appeared to justify the cause(s) of action taken, including the probable consequences of filing to take action.
B. Limitations. The Director of Community Development shall not grant an emergency coastal development permit for any development that falls within an area in which the Coastal Commission retains direct permit review authority, or for any development that is appealable to the Coastal Commission. In such areas and for such developments, a request for an emergency authorization must be made to the Coastal Commission.
1. In addition, a waiver from coastal development permit requirements may be obtained from the Coastal Commission Executive Director for development that is required to protect life or public property in accordance with Section 30611 of the Coastal Act.
C. Noticing. The Director of Community Development shall provide notice of the proposed emergency action. The extent and type of the notice shall be determined on the basis of the nature of the emergency. If the nature of the emergency does not allow sufficient time for public notice to be given before the emergency work begins, the Director of Community Development shall provide public notice of the action taken, or being taken, as soon as is practical. Public notice of the nature of the emergency and the remedial actions to be taken shall be posted on the site in a conspicuous place and mailed to all persons the Director of Community Development has reason to know would be interested in such action and to the Coastal Commission.
D. Findings and Conditions. The Director of Community Development may grant an emergency coastal development permit upon reasonable terms and conditions, which shall include an expiration date and the necessity for a regular permit application later, if the Director of Community Development finds that:
1. An emergency exists that requires action more quickly than permitted by the procedures for a Coastal Development Permit and the work can and will be completed within thirty (30) days unless otherwise specified by the terms of the permit.
2. Public comment on the proposed emergency action has been reviewed, if time allows.
3. The work proposed would be consistent with the requirements of the Certified Local Coastal Program.
E. Expiration of the Emergency Permit. An emergency permit shall be valid for sixty (60) days from the date of issuance by the Director of Community Development. Prior to expiration of the emergency permit, the permittee must submit a regular coastal development permit application for the development even if only to remove the development undertaken pursuant to the emergency permit and restore the site to its previous condition.
F. Report to City Council and Coastal Commission. The Director of Community Development shall report in writing and orally, the granting of an emergency permit to the City Council at Res. 25-0004
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its next scheduled meeting, and to the Coastal Commission. The report shall include a description of the nature of the emergency, the development involved and the person or entity undertaking the development. Copies of the report shall be available at the meeting and shall be mailed to the Coastal Commission and to all persons requesting such notification of local coastal development decisions.
A.96.200. Reapplication.
No application for the granting of a coastal development permit which has been denied shall be filed earlier than one (1) year after the date such denial becomes effective, unless the request for reapplication reflects a major change in circumstances and specific permission to do so has been granted by the Approving Authority.
A.96.210. Revocation.
A. Grounds for revocation of a permit shall include:
1. Intentional inclusion of inaccurate, erroneous or incomplete information where the City finds that accurate and complete information would have caused additional or different conditions to be required on a permit or denial of an application; or
2. Failure to comply with the notice provisions of this Chapter where the views of the person not notified were not otherwise made known to the City and could have caused the City to require additional or different conditions or deny an application.
B. Initiation of the proceedings to revoke a permit may be made by any person who did not have an opportunity to fully participate in the original permit proceedings because of the reasons stated in Subsection (A) and who applies to the Director of Community Development specifying the particular grounds for revocation. The Director shall review the stated grounds for revocation and, unless the request is patently frivolous and without merit, shall initiate revocation proceedings. The Director may initiate revocation proceedings when the grounds for revocation have been established.
C. Where the Director of Community Development determines that grounds exist for revocation of a permit, the operation of the permit shall automatically be suspended until denial of the request for revocation. The Director shall notify the permittee by mailing a copy of the request for revocation and a summary of procedures contained in this section to the address shown in the permit application. The Director shall advise the applicant in writing that any development undertaken during suspension of the permit may be in violation of the California Coastal Act and subject to the penalties contained therein.
A.96.220. Assignment of Permits.
A. Any person who has obtained a coastal development permit pursuant to the provisions of this Subchapter may assign such permit to another person subject to the following requirements:
1. Submission of an application fee as set by resolution of the City Council; and
2. An affidavit executed by the assignee attesting to the assignee's agreement to comply with the terms and conditions of the permit; and
3. Evidence of the assignee's legal interest in the real property involved and legal Res. 25-0004
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capacity to undertake the development as approved and to satisfy the conditions required in the permit; and
4. The original permittee's request to assign all rights to undertake the development to the assignee;, and
5. A copy of the original permit showing that it has not expired.
B. The applicant for assignment shall submit the above documents together with a completed application form to the Director of Community Development. The assignment shall be effective upon written approval of the documentation submitted, and the reassigned permit shall be granted subject to the terms and conditions of the original permit.
A.96.230. Enforcement.
In addition to the provisions contained in this chapter, the provisions of Chapter 9 of Division 20 of the Public Resources Code shall also apply with respect to Judicial Review, Enforcement and Penalties.
A.96.240. Coastal Commission Review of Recorded Documents.
Any legal documents used in complying with required conditions pertaining to public access and open space or conservation easements shall be processed in the following manner:
A. The offer of dedication, together with a copy of the coastal development permit conditions and findings shall be forwarded to the Coastal Commission Executive Director for review and approval.
B. The coastal development permit shall be issued only after mailing such documents to the Executive Director of the Coastal Commission and the Executive Director has notified the Community Development Director that any such legal documents are adequate. [13574]
A.96.250. Local Coastal Program Amendments.
The City Council may amend all or part of the Local Coastal Program, but the amendment will not take effect until it has been certified by the Commission. Any General Plan Element or Specific Plan or ordinance of the City that is applicable to the same areas or matters affected by a Local Coastal Program amendment must be reviewed and amended as necessary to make the General Plan Element or Specific Plan or ordinance consistent with the rest of the Local Coastal Program.
A. Initiation of Amendments to the Local Coastal Program. An amendment to the Local Coastal Program may be initiated by one of the following:
1. A resolution of intention initiated by the Planning Commission.
2. A resolution of intention initiated by the City Council directing the Planning Commission to initiate an amendment.
3. An application from a property owner or his/her authorized agent provided that such application involves the development or modification of property located within the area affected by such amendment.
B. Planning Commission Action on Amendments.
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1. Upon receipt in proper form of a completed amendment application or duly adopted resolution of intention, and following any necessary investigation, a public hearing before the Planning Commission must be held and notice of such hearing given consistent with the Coastal Act and California Code of Regulations.
2. The Planning Commission must make a written recommendation on the proposed amendment whether to approve, approve in modified form, or disapprove.
3. Planning Commission action recommending that the proposed Local Coastal Program amendment be approved, or approved in modified form, must be considered for adoption by the City Council. Planning Commission action disapproving a proposed Local Coastal Program amendment, regardless of how such amendment was initiated, may be appealed by any interested person, including a Commissioner or Council member, to the City Council provided such appeal is filed in writing within 14 consecutive calendar days of the Planning Commission's action.
C. City Council Action on Amendments. The recommendation of the Planning Commission to approve a proposed Local Coastal Program amendment, or the appeal from a decision by the Planning Commission to approve or disapprove a proposed Local Coastal Program amendment must be acted upon by the City Council. A public hearing on the amendment shall be conducted after first giving notice of the hearing pursuant to the Coastal Act and California Code of Regulations. The City Council may approve, approve with modifications, or disapprove any amendment.
D. Fees. The City Council by resolution shall establish and from time to time amend a schedule of fees imposed for any amendment to the Local Coastal Program.
E. Coastal Commission Certification of Amendments. Any proposed amendment to the Local Coastal Program shall not take effect until it has been certified by the Coastal Commission.
Any amendment approved by the City shall be submitted to the Coastal Commission in accordance with Sections 30512 and 30513 of the Public Resources Code. An amendment to this Local Coastal Plan as certified by the California Coastal Commission shall not become effective after City Council adoption until the amendment is submitted pursuant to the requirements of Section 13551 et seq. of the California Code of Regulations and also certified by the California Coastal Commission pursuant to Chapter 6, Article 2 of the California Coastal Act, as follows:
1. A denial by the City Council on an amendment request shall be final and no appeal to the Coastal Commission shall be allowed except as provided by subsection 2 of this section (below).
2. Pursuant to Section 30515 of the Coastal Act, any person or agency authorized to undertake a public works project or major energy facility development, who was denied a request to amend the Local Coastal Program, may file the request for amendment with the Coastal Commission.
A.96.260. Public hearing waiver for minor development.
Consistent with the provisions of A.B. 1303, effective January 1, 1996, the public hearing requirement for minor development, as defined herein, may be waived subject to the requirements of this section.
A. Minor development means a development which satisfies all of the following requirements:
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1. The development is consistent with the City of Manhattan Beach Certified Local Coastal Program;
2. The development requires no discretionary approvals other than a coastal development permit;
3. The development has no adverse effect either individually or cumulatively on coastal resources or public access to the shoreline or along the coast.
B. The public hearing requirement on a coastal development permit application for a minor development, as defined above, may be waived if all of the following occur:
1. Notice is sent to all persons consistent with the provisions of Section A.96.100 of this Title, as well as all other persons know to be interested in receiving such notice,
2. The notice states that a public hearing will be held upon the request of any person,
3. No request for public hearing is received by the City within 15 working days from the date of sending the notice pursuant to paragraph (1).
C. Requests for hearing must be made in writing to the City Community Development Department. Said request for hearing must identify the reasons for such request. Upon receipt of a request for hearing the matter shall be scheduled for a public hearing.
D. Following receipt of a request for hearing, public notification must be made regarding the scheduled hearing date, consistent with the provisions of Section A.96.100 of this Title.
E. The notice provided pursuant to subdivision (B) shall include a statement that failure by a persons to request a public hearing may result in the loss of that person's ability to appeal to the Coastal Commission any action taken by the City on a coastal development permit application.
F. An action taken by the initial Approving Authority for an application that is required to be processed ministerially per state law, including but not limited to, California Government Code Sections 65913.4, 66310 – 66342, shall be treated as a Minor Development for purposes of this section.
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