Chapter 17.86 — COASTAL ZONE WATERFRONT DEVELOPMENT

Note: Editor's note—Ord. of 2-22-2011(1), adopted February 22, 2011, repealed the former Chapter 17.86, §§ 17.86.010—17.86.050, and enacted a new Chapter 17.86 as set out herein. The former Chapter 17.86 pertained to Coastal Zone Waterfront Building Development Appendix. See Code Comparative Table for complete derivation.

The regulations set forth in this chapter are enacted to limit the development of the beachfront or waterfront area of city owned lands to recreational and public purposes and to provide for public access to local beaches on adjacent lands. (Ord. of 2-22-2011(1))

Proposals for building on city owned beachfront lands shall be subject to the following review and standards:

• A. Detailed site plan. All applicants or prospective lessees or developers shall provide a detailed site plan acceptable to the city planning commission prior to city council review of the proposal.

• B. Preliminary plans—Objectives, standards and conditions generally. Prior to application for a coastal development, conditional use, or building permit in connection with beachfront development, prospective developers shall submit preliminary plans and proposed building elevations to the city planning commission, and shall be guided by the following objectives, standards and conditions:

  1. Development along and upon the city's waterfront area shall be designed and used for tourists, recreational and harbor-related purposes.

  2. The city shall reserve such rights-of-way for street and utility purposes as deemed necessary or appropriate.

  3. The general character of development shall be in keeping with that of the visual resources of surrounding area and reflect the highest standards of architectural design represented in the city area. Natural materials such as wood, timber or rock materials should be used wherever practical. A festive atmosphere is encouraged, but all elements and aspects of the development shall be carefully designed and in good taste.

  4. The city planning commission shall examine the size, location, color, proportions, textures, orientation, accessibility, landscaping and other features of each proposed development, and impose design and siting restrictions as necessary to ensure that all developments of the city beachfront:

     • a. Protect views to and along the ocean and scenic coastal areas;

     • b. Minimize the alteration of natural land forms;

     • c. Are visually compatible with the character of surrounding areas;

     • d. Restore and enhance visual quality in visually degraded areas, where feasible; and

     • e. In areas determined to be highly scenic, are subordinate to the character of its setting.

  5. Off-street parking shall be provided in accordance with the standards relating to zoning as provided in this code, and all additional areas up to fifty percent shall be reserved for off-street parking. All off-street parking areas should be suitably paved, lighted and screened by landscaping or other appropriate materials.

• C. Leases generally. The particular area of the city's waterfront property available for leasing to and development by applicants shall be subject to the approval of the city council. When an application is made for leasing and developing a portion of the waterfront area, the city council shall review the application and approve or disapprove the development site.

• D. Lease approval. All lease agreements entered into between the city and developers or lessees, public or private, shall be subject to the approval as to form by the city attorney.

(Ord. of 2-22-2011(1))

As set forth by the California Coastal Act new development along the immediate shoreline shall provide public access to and along the shoreline as outlined in Chapter 17.84A and in the following provisions.

• A. For the purposes of this section "new development" does not include:

  1. Replacement of any structure destroyed by natural disaster. Such replacement structure shall conform to applicable existing zoning requirements, shall be for the same use as the destroyed structure, shall not exceed either the floor area, height, or bulk of the destroyed structure by more than ten percent, and shall be sited in the same location of the affected property as the destroyed structure. (As used in this subdivision, "natural disaster" means any situation in which the force or forces which destroyed the structure to be replaced were beyond the control of the owner.)

  2. The demolition and reconstruction of a single-family residence, provided that the reconstructed residence shall not exceed either the floor area, height or bulk of the former structure by more than ten percent, and that the reconstructed residence shall be sited in the same location on the affected property as the former structure.

  3. Improvements to any structure which do not change the intensity of its use, which do not increase either the height, or bulk of the structure by more than ten percent, which do not block or impede public access, and which do not result in a seaward encroachment by the structure. (As used in this subdivision, "bulk" means total interior cubic volume as measured from the exterior surface of the structure.)

  4. Any repair or maintenance activity which does not result in an addition to, or enlargement of maintenance activities; unless such activity will have an adverse impact on internal public access to the beach.

• B. Lateral Access. New development along the immediate shoreline shall provide lateral access by access easements along the shoreline, inland of the mean high tide to the first line of vegetation or to the crest of the paralleling bluff in areas of coastal bluffs. No permit shall be issued for a project which obstructs lateral access on the immediate shoreline, inland of the mean high tide to the first line of vegetation, or the crest of the paralleling bluff. Exceptions to this requirement would be:

  1. For the placement of navigational aids or shoreline protective devices to protect existing public structures;

  2. Where access is inconsistent with public safety, military security needs, or the protection of fragile coastal resources; or

  3. Where adequate access already exists.

• C. Vertical Access. Development along the immediate shoreline shall provide public access by access easements from the nearest public roadway to the shoreline. Priority for vertical access shall be restricted to that for sandy beach areas. Accessways to rock beaches will not be required for areas where public safety is of concern or where increased visitor pressure on biological areas or areas of unique character, sensitive to visitor pressure, will be degraded. Other exceptions to this requirement would be:

  1. Where access would have unavoidable adverse impacts on environmentally sensitive habitat are-as;

  2. An existing vertical accessway, adequate to meet anticipated access needs, is located one-quarter mile or less from the development;

  3. Where the parcel is too small to allow for an adequate vertical access corridor without passing within twenty-five feet of a proposed dwelling; or

  4. Where the project site is too small for the proposed development and the access with improvements related to its use (i.e., parking).

• D. Design and Use.

  1. Access proposals which provide access for the general public over a wide range of income levels, ages, and social groups shall have priority over other private development accessways.

  2. The lateral access required shall be limited to passive recreational uses unless another type of use is specified as a condition of the development permit.

  3. The vertical access required shall be limited to the right of pass and repass unless additional uses are specified as a condition of development. If possible, the accessway should be sited along the border of the development and shall extend from the road (or boundary line closest to the road) to the shoreline. Adequate provision for maintenance and safety access shall also be made.

• E. Dedication of Public Access

  1. Prior to the issuance of a permit for development which requires coastal public access the applicant shall be required to record legal documents for the provision of access to the city, on behalf of the public, by easement.

  2. As a condition to the issuance of the permit, the applicant shall be required to furnish a CLTA title report and all necessary subordination agreements. Title insurance may also be required where extensive easements are being granted. The amount of insurance shall be estimated on the basis of what it would cost to acquire an equivalent access or recreational use easement elsewhere in the vicinity.

s a condition to the issuance of the permit, the applicant shall be required to furnish a CLTA title report and all necessary subordination agreements. Title insurance may also be required where extensive easements are being granted. The amount of insurance shall be estimated on the basis of what it would cost to acquire an equivalent access or recreational use easement elsewhere in the vicinity.

3. Copies of the document to be recorded, title report, current deed and permit shall be forwarded to the Coastal Commission within ten days after submission of all of the documents to the city. The city may make minor revisions to the documents to assure that the public right of access to and/or along the shoreline are protected and capable of being implemented. The Coastal Commission shall review the documents and notify the city and the applicant of any recommended revisions. If notification of inadequacy has not been received within forty-two days, the city may record the documents and issue the permit. If revisions are recommended by the Commission, the permit shall not be issued until the discrepancies have been resolved.

• F. Improvements

  1. Any commercial, industrial, recreational, or residential project of more than four units which is subject to the provision of access shall be required to provide access improvements commensurate with the project size and access demand. Such improvements shall be outlined in the conditions of the project permit.

  2. Design and construction of access improvements shall consider maintenance, safety, potential vandalism and protection of fragile coastal resources.

  3. Upon completion and acceptance of access improvement construction such improvements shall be dedicated to the city for public use.

• (Ord. of 2-22-2011(1))