19.83.005 De minimis development.
The Director of Development Services may issue a written waiver from the coastal development permit requirements of this chapter for any development that is de minimis. A proposed development is de minimis if the Director of Development Services determines, based on a review of an application for a coastal development permit, that the development involves no potential for any adverse effect, either individually or cumulatively, on coastal resources and that it will be consistent with all applicable objectives, policies, and standards of the certified LCP. The determination shall be made in writing and based upon factual evidence.
A. De minimis waivers shall be permitted only in the nonappealable area of the City’s coastal development permitting jurisdiction when no local public hearing is required.
B. The Director of Development Services may consider the following types of projects for possible permit waivers:
1. Projects that would have been placed on the consent calendar of the City Council agenda without special conditions;
2. Projects fully consistent with the certified LCP and for which all applicable policies of the LCP are objective in nature, such that staff does not have to exercise its judgment as to satisfaction of subjective criteria; and
3. Projects located in areas where similar projects have been approved as a routine matter without conditions or opposition.
C. The following projects will not be considered for possible waivers:
1. Projects that involve questions as to conformity with the certified LCP, or that may result in potential impacts on coastal resources and public access;
2. Projects with known opposition or probable public controversy; and
3. Projects that involve divisions of land including condominiums.
D. If, upon review of the coastal development permit application, the Director of Development Services determines that the development is de minimis, the applicant shall post public notice of the de minimis waiver on the property for at least seven calendar days prior to the final decision granting the waiver. Notice of intent to issue a de minimis waiver shall also be made to the Coastal Commission and to persons known to be interested in the proposed development in the following manner:
Within 10 calendar days of accepting an application for a de minimis waiver or at least seven calendar days prior to the decision on the application, the Director of Development Services shall provide notice, by first class mail, of pending waiver of permit requirements. This notice shall be provided to all persons who have requested to be on the mailing list for that development project or site or for coastal decisions within the local jurisdiction, to all property owners and residents within 300 feet of the perimeters of the parcel on which the development is proposed, and to the Coastal Commission.
E. The notice shall contain the following information:
1. A general description of the proposed project and location;
2. A statement that the development is within the coastal zone;
3. The date of filing of the application and the name of the applicant;
4. The number assigned to the application;
5. The date at which the waiver may become effective;
6. The general procedure concerning the submission of public comments either in writing or rally prior to the decision; and
7. 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 decision.
The Director of Development Services shall report to the City Council at its next available public meeting those projects for which waivers are proposed, with sufficient description to give notice of the proposed development to the City Council. A list of waivers issued by the Director of Development Services shall be available for public inspection at the public counter of the Development Services Department and at the City Council meeting during which any waivers are reported. A waiver shall not take effect until after the Director of Development Services makes his/her report to the City Council. If one-third of the City Council (two members) so request, such issuance shall not be effective and, instead, the application for a coastal development permit shall be processed in accordance with the provisions of this chapter. (Ord. 3352 § 2, 2015; Ord. 3238 § 2 (Exh. B), 2012; Ord. 2790, 1999; Ord. 2532, 1992; Res. 13957, 1989; Res. 11903, 1985).