PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #12.A
SUBJECT/TITLE:
REVIEW OF ADMINISTRATIVE COASTAL DEVELOPMENT PERMIT PROCESS
RECOMMENDATION:
Review Municipal Code provisions regarding Administrative Coastal Development Permits and provide direction to staff if desired.
BACKGROUND:
At the April 5, 2022, Council Meeting, the City Council directed staff to add an item to a future agenda to allow discussion regarding the Municipal Code requirements for processing of Administrative Coastal Development Permits (ACDPs).
The earliest reference to the current ACDP provisions in the Pismo Beach Municipal Code (PBMC) appears to have been included with the 1983 Coastal Zoning Code. Section
17.124.070 of the PBMC outlines the developments subject to the administrative coastal development permit process as follows:
17.124.070 Developments subject to the administrative coastal development permit application procedures.
A. Coastal development permit applications for the following developments shall be given an administrative (staff) review, with the exception of those projects requiring a public hearing as described by this chapter:
1. The construction of a single family residence pursuant to the standards of this Title on a parcel of record as of January 23, 1980.
2. An addition to a single family residence pursuant to the standards of this Title.
3. A permitted use in a nonappealable R-2 Zone pursuant to Section
17.124.100.
Section 17.124.100 of the PBMC outlines the public hearing procedures for coastal development permits as follows:
17.124.100 Public hearing procedures.
At least one public hearing shall be held on each application for an appealable or non- appealable coastal development permit application for a project in the R-3, R-4, P-R, R-R, C-R, M-H, C-1, C-2, C-M, OS-1, OS-R, or G zones, except that no hearing is required for the development of an accessory dwelling unit consistent with Chapter
17.117 of this code, unless the accessory dwelling unit is part of a larger project that requires a public hearing or if a variance is required. At least one public hearing shall be held on each application for an appealable coastal development permit application for a project in the R-1 and R-2 zones, except that no hearing is required for the development of an accessory dwelling unit consistent with Chapter 17.117 of this code, unless the accessory dwelling unit is part of a larger project that requires a public
12.A-1Council Agenda 4-19-2022
hearing or if a variance is required. Non-appealable coastal developments in the R- 1 and R-2 zones may be processed as administrative permits at a staff level pursuant to the noticing standards of this chapter for non-appealable developments. Such hearings shall occur no earlier than ten calendar days following the mailing of the notices required by this chapter. The public hearing shall be conducted in accordance with existing city procedures or in any other manner reasonably calculated to give interested persons an opportunity to appear and present their viewpoints, either orally or in writing.
In this context, the term “appealable” refers to those projects located in areas outlined in PBMC Section 17.124.130, which states:
17.124.130 Appealable developments.
An action taken by the city on a coastal development permit may be appealed to the coastal commission for any of the following:
A. Developments approved by the city between the sea and the first public road paralleling the sea or within three hundred 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. Developments approved by the city not included within Section 17.124.130(A) above, located on tidelands, submerged lands, public trust lands or within one hundred feet of any wetland, estuary or stream;
C. Developments approved by the city not included within subsection
17.124.13(B) above, located in a sensitive coastal resource area; D. Any development which constitutes a major public works project or a major energy facility.
The areas meeting the criteria of PBMC Section 17.124.130 were previously mapped and are included as Figure 1 below.
Figure 1: Coastal Appeal Overlay Zone
Noticing procedures for ACDPs are outlined in PBMC Subsection 17.124.090.C., which states:
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17.124.090 Notice procedures.
[…]
C. Notice of non-appealable developments when no public hearing is required:
Notice of developments within the coastal zone which are appealable pursuant to Section 17.124.090 herein, and which do not require a public hearing under this ordinance (and which are not categorically excluded) shall be provided as follows: Within ten calendar days of accepting an application for a non- appealable coastal development permit on at least ten calendar days prior to the city's decision on the application, the city shall provide notice, by first-class mail, of pending development approval. This notice shall be: provided to all persons who have requested to be on the mailing list for that project or, for coastal decisions within the local jurisdiction, to all property owners and residents within one hundred feet of the perimeter of the parcel on which the development is proposed, and to the coastal commission. The notice shall contain the following information:
1. A statement that the development is within the coastal zone;
2. The date of filing of the application and the name of the applicant;
3. The number assigned to the application, a description of the development, and its proposed location;
4. The date the application will be acted upon by the local governing body or decision-maker;
5. The general procedure of the local government concerning the submission of public comments either in writing or orally prior to the local decision; and
6. A statement that a public comment period of sufficient time to allow for the submission of comments by mail will be held prior to the local decision.
This process allows the immediate neighbors and the general public to contact the City to review and discuss the proposed project, learn and clarify any misconceptions about the project, and provide comments. Should the applicant, neighbors of a project, or any other person not agree with the ultimate approval or denial of the ACDP, that decision can be appealed to the Planning Commission in accordance with PBMC Section
17.121.240, which states:
17.121.240. Appeals of staff decisions.
In case an applicant or any other person is not satisfied with the action of the city planner on a permit decision, ordinance interpretation or similar matter, he may appeal in writing to the planning commission. Upon receipt of such appeal, the public services department shall set the matter for public hearing and notice thereof to be given as provided in Section 17.121.210. The written appeal shall include a description of the nature and reasons for the appeal.
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Since January 1, 2017, a total of 24 ACDPs have been processed for new residences and major remodels resulting in new residences. Ten of these ACDPs were for new residences not part of an approved subdivision, of which two were referred to the Planning Commission due to concerns regarding architecture and massing. The remaining 14 ACDPs were processed as required by conditions of approval for underlying subdivisions to comply with specific design requirements.
Additionally, in accordance with similar procedures in the 1998 Non-Coastal Zoning Code, 22 non-coastal administrative permits were issued during this same period, including 19 for residences as part of the Price Canyon subdivision.
Conclusion and Recommendation
It is recommended the City Council review ACDP provisions in the Municipal Code and provide direction to staff if desired.
FISCAL IMPACT:
No fiscal impact is associated with this report. Applicants for ACDPs pay fees that currently total approximately $900. Discretionary Coastal Development Permits reviewed by the Planning Commission would result in charges of approximately $7,200 for processing. This does not include costs associated with increased permit processing times.
ALTERNATIVES:
None.
ATTACHMENTS:
None.
Meeting Date: April 19, 2022 Submitted by:
Matthew Downing, Community Development Director
Assistant City Manager Approval:
12.A-4Council Agenda 4-19-2022