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HomeMy WebLinkAboutCreation of Coastal Development Permit - Code Amendment 83-2 4 ' CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION 14UNTINGTON BEACH TO Charles W. Thompson r James W. Palin, Director City Administrator ° Development Services Subject ORDINANCES REQUIRED TO IMPLEMEN Date September 30, 1983 THE COASTAL ELEMENT (SCHEDULED FOR HEARING AT THE CITY COUNCIL'S OCTOBER 17, 1983 REGULAR MEETING) Background: Within the parameters set forth in the Coastal Act and the Coastal Commission' s regulations the City has previously prepared, adopted and had certified by the Coastal Commission the Coastal Ele- ment of the Huntington Beach General Plan. The Coastal Element con- stitutes the land use plan (general plan) for the Coastal Zone and the completion of the first stage towards the City regaining permit author- ity within the Coastal Zone. The next stage of the process is the implementation of the Coastal Ele- ment. The Proposed Downtown Specific Plan will constitute the imple- \ menting zoning for the downtown area and when combined with the exist- ing and proposed ordinances for the remainder of the Coastal Zone (please see attached) , will complete the zoning implementation of the. Coastal Element. The .following briefly summarizes the attached code amendments:' purpose and proposed location (additionally Code Amendment 83-27 has an abstract) : Code Amendment 83-19 (Visitor-Serving Commercial District) Purpose: To implement the General Plan Oesignation of Commercial:* Visitor-Serving. Location: An area extending north from Peter' s Landing to the City limits. Code Amendment 83-21 (Coastal Conservation District) Purpose: To implement the General Plan Designation of Open Space: Conservation. Location: An area running north/south along the eastern edge of Bolsa Chica atop the Huntington Beach Mesa Bluff; and the Calif- ornia Least Tern Nesting Sanctuary located on the sandy beach immediately north of the Santa Ana River. Code Amendment 83-22 (Shoreline District) Purpose: To implement the General Plan Designation of Open Space: Recreation and replace in its entirety the existing Shoreline District. Charles W. Thompson 4 City Administrator Location: The entire area seaward of Pacific Coast Highway (with the J. exception of the Downtown Specific Plan Area) to the mean high tide line. Code Amendment 83-23 (Water Recreation District) Purpose: To implement the General Plan Designation of Open Space: Water. Location: All of the area below the mean high tide line within Huntington Harbour. �D Code Amendment 83-26 (Coastal Zone Suffix) Purpose: To implement several policies within the Coastal Element `?. and to trigger .the Coastal Development Permit by being attached to all properties within the Coastal Zone with the exception of .the Downtown Specific Plan. Location: All Coastal Zone properties except those within the Down- town Specific Plan. Code Amendment 83-27 (Coastal Development Permit) Purpose: To administratively implement the processing and hearing requirements of the Coastal Act and the Coastal Commission' s regulations. Location: All properties within the Coastal Zone. Abstract: There are basically four stages in the Coastal Development Perm ti process : 1) Application filing and categorization, 2) review and action, 3) appeals and final action, and 4) follow-up. 1) Application filing and categorization: After an application for a Coastal Development Permit is filed, the City has to determine what sort of processing is necessary. This is determined by the type of proposed development and its location. For example, the proposed Coastal Development may be adjacent to the water and so be appealable to the Coastal Commission; or the proposed develop- ment may be in an area where the Coastal Commission has retained the permit authority, such as public trust lands, or uncertified geographic areas. Different notice and appeal procedures apply to appealable and non-appealable areas. 2) Review and action: At this stage the Coastal Development Permit `r application is reviewed by. staff to determine which City body (approving authority) will review and act upon it. Staff then provides notice of public hearing or pending action on the ap- plication, depending on whether a hearing is required. Notice v Charles W. Thompson ' City Administrator must be provided at least 7 days prior to the hearing or pending action date to adjacent landowners and residents, persons who have expressed interest, and the Commission. If the approving authority acts on the Coastal Development Permit on the advertised date, staff would send out a notice of final action within 7 work- ing days; if the hearing is continued to an unstated time then the notice process must be repeated. 3) Appeals and final action: The initial approving authority' s action may be appealed to another approving authority, e.g. Board of Zon- ing Adjustments to Planning Commission to City Council and then to the Coastal Commission (in the case of "appealable" developments) . The City appeal period is 10-working days; for an "appealable" development the appeal period to the Coastal Commission is 10- working days and commences after a complete "Notice of Final Action" is received by the Coastal Commission. If an appeal is not filed within this period then the approving authority's decision becomes final. In most cases all City appeals must be exhausted by an aggrieved person on an "appealable" development before the Coastal Commission will hear an appeal; there are exceptions to this prac- tice; for example, if the City requires an appeal fee, or if two Coastal Commissioners file an appeal. If the appeal is to another body within the City, then the "review and action" stage is repeated. If, however, the appeal is to the Coastal Commission the Coastal Commission will either 1) uphold the local action with a "no sub- stantial issue" determination or 2) accept the appeal and render a decision on the coastal development permit application. ,) Follow up: In certain instances a Coastal Development Permit may be approved subject to meeting certain conditions prior to issuance, J. such as dedication requirement for public access, open space or a conservation easement. In this case a degree of monitoring would be necessary to establish compliance with the conditions. If the City Council adopts the attached Code Amendments they will be forwarded to the Coastal Commission for their certification. Once certified, the City will initiate zone changes for the appropriately planned areas. Upon completion of the zone changes, the City will re- gain permit authority within the Coastal Zone (with the exception of the "white-holed" areas) . The attached Code Amendments have been approved by the Planning Com- mission and are scheduled for a public hearing before the City Council on October 17, 1983, You maywant to forward these proposed Code Amend- ments to the members of the City Council for their review. Staff would sug- gest scheduling a. study session immediately prior to the meeting on the 17th Should you have any questions regarding the proposed Code Amendments please feel free to contact Marc Firestone, of my staff, at extension 5438 . JWP:MF: sr s i• ' IN THE Superior Court OF THE STATE OF CALIFORNIA APPROVED BY CITY COUNCIL In and for the County of Orange J 1719z CITY OF HUNTINGTON BEACH9 CITY CLERK Y...------------- 'CITY CLERK PUBLIC HEARING - 83-27 State of California NOTICE OF PUBLIC HEARING CODE AMENDMENT NO.83-27 County of Orange )ss• COASTAL DEVELOPMENT PERMIT NOTICE IS HEREBY GIVEN that a public hearing will be held by the City Council of the City of Huntington Beach,in the Council Chamber of the Civic Center, Huntington Beach,at the hour of 7:30 P.M.,or as soon thereafter as possible on I R I TA J. R I CHTER j Monday the 17th day of October,1983 for the purpose of considering Code Amend- ment No.83.27,an amendment to the Huntington Beach Ordinance Code adding That I am and at all times herein mentioned was a citizen of Article 989.5 which will create a Coastal Development Permit.Code Amendment No. the United States,over the age of twenty-one}ears,and that I 83-27 encompasses the local administrative aspects required by State law or regulation ao } for all areas within the Coastal Zone.A copy of Code Amendment No.82.27 is on file am not a party to,nor interested in the above entitled matter; in the Department of Development Services. that I am theprincipal clerk of the tinter of the Ali interested persons are invited to attend said hearing and express their P opinions for or against said Code Amendment No.83-27.Further information may be obtained from the office of the City Clerk,2000 Main Street,Huntington Beach, HUNTINGTON BEACH IND. RD!TEVJ California.92648-(714)536-5227. DATED October 3,1983 CITY OF HUNTINGTON BEACH a newspaper of general circulation,published Ln the City of By:Alicia M.Wentworth City Clerk HUNTINGTON BEACH -- - - —------ _ County of Orange and which newspaper is published for the disemination of local news and intelligence of a general charac- ter, and which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established,printed and pub- lished at regular intervals in the said County of Orange for a period exceeding one year; that the notice, of which the annexed is a printed copy,has been published in the regular and entire issue of said newspaper,and not in any supplement thereof,on the following dates,to wit: OCTOBER 61 1983 I certify(or declare) under penalty of perjury that the forego- ing is true and correct- Garden Grove Datedat................................................ alifor ia,this _.:.-. da oQctober 83 y 13.... Rita .1. Richter Signature 2 D c n N �� J v� Form No.POP 92082 REQUES r FOR CITY COUNCIL- ACTION Date October 6, 1983 Submitted to: Honorable Mayor and City Council Submitted by: Charles W. Thompson, , City Administrato Prepared by: James W. Paling Director of Development Services 69#�& Subject: CODE AMENDMENT N0. 83-27 (COASTAL DEVELOPMENT -PER14IT) 0A"D c2G S 5 Statement of Issue, Recommendation,Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF ISSUE: Code Amendment No. 83-27 adds a Coastal Development Permit to the Huntington Beach Ordinance Code. This permit will be applied to .all properties within the Coastal Zone. RECOMMENDATION: The Planning Commission and planning staff recommend that the City Council approve Code Amendment No. 83-27 and adopt the attached ordinance. ANALYSIS: Planning Commission Action on September 20, 1983 : ON MOTION BY LIVENGOOD AND SECOND BY MIRJAHANGIR, CODE AMENDMENT NO. 83-27 WAS APPROVED AND RECOMMENDED FOR COUNCIL ADOPTION BY THE FOLLOWING VOTE: AYES: Livengood, Higgins, Erskine, Winchell, Schumacher, Porter, Mirjahangir NOES: None ABSENT: None ABSTAIN: None General Information: Code Amendment No. 83-27 was initiated by the City in order to implement the post-certification local administrative aspects required by State law or regulation within the Coastal Zone. There are basically four stages in the Coastal Development Permit process: 1) Application filing and categorization, 2) review and action, 3) appeals and final action, and 4) follow-up. (See Attachment "A") . 1) Application filing and categorization: After an application for a Coastal Development Permit is filed, the City has to determine what sort of processing is necessary. This is determined by the type of proposed development and its PIO 4/81 4Q Y CA 83-27 October 6, 1983 Page Two location. For example, the proposed Coastal Development may be adjacent to the water and so be appealable to the Coastal Commission; or the proposed development may be in area where the Coastal Commission has retained the permit authority, such as public trust lands, or uncertified geographic areas. Dif- ferent notice and appeal procedures apply to appealable and non-appealable areas, 2) Review and action: At this stage the Coastal Development Per- mit application is reviewed by staff to determine which City body (approving authority) will review and act upon it. Staff then provides notice of public hearing or pending action on the application, depending on whether a hearing is required. Notice must be provided at least 7 days prior to the hearing or pending action date to adjacent landowners and residents, persons who have expressed interest, and the Commission. If the approving authority acts on the Coastal Development Permit on the advertised date, staff would send out a notice of final action within 7 working days; if the hearing is continued to an unstated time then the notice process must be repeated. 3) Appeals and final action: The initial approving authority' s action may be appealed to another approving authority, e.g. Board of Zoning Adjustments to Planning Commission to City Council and then to the Coastal Commission (in the case of "appealable" developments) . The City appeal period is 10- working days; for an "appealable" development the appeal period to the Coastal Commission is 10-working days and com-, mences after a complete "Notice of Final Action" is received by the Coastal Commission. If an appeal is not filed within this period then the approving authority 's decision becomes final. In most cases all City appeals must be exhausted by an aggrieved person on an "appealable" development before the Coastal Commission will hear an appeal; there are exceptions to this practice; for example, the City requires an appeal fee, or if two Coastal Commissioners file an appeal. If the appeal is to another body within the City, then the "review and action" stage is repeated. If, however, the appeal is to the Coastal Commission the Coastal Commission will either 1) uphold the local action with a "no substantial issue" determination or 2) accept the appeal and render a decision on the coastal de- velopment permit application. 4) Follow-up: In certain instances 'a Coastal Development Permit may be approved subject to meeting certain conditions prior to issuance, such as dedication requirement for public access, open space or a conservation easement. In this case a degree of monitoring would be necessary to establish compliance with the conditions. CA 83-27 October 6, 1983 Page Three Discussion: The Coastal Development Permit is a necessary addition to the Huntington Beach Ordinance Code, for without it the City could not do the required processing and administration within the Coastal Zone. The portions of the Coastal Development Permit that are circled in Attachment "B (please see Attachment "B")! can be deemed some- what "discretionary" ; that is, they are generally required to be dealt with in some manner by State law or regulation, although they could be modified, deleted or transfered to some other to cation within Division 9. Generally speaking, the "discretionary" aspects of the Coastal Development Permit encompass the City' s internal review, processing and decision making. Other sections of the Coastal Development Permit, although they are optional, serve to streamline or simplify the coastal development process, such as the section allowing for concurrent processing. Finally, if some of the "discretionary" items are transfered to another Division 9 location, then that entire article would be subject to Coastal Commission review. Currently, all non-exempt development within the Coastal Zone is subject to review and approval by the Coastal Commission to ensure that the development complies with the Coastal Act. The Coastal Commission' s processing time is in addition to the City' s process- ing time and is now running between seven and eight weeks for the majority of projects, whether or not they require a full hearing before the Coastal Commission. It is a time consuming process for all involved. Once the City regains its regulatory authority within the Coastal Zone, this time should be substantially reduced through concurrent processing of a proposed development and the re- quired Coastal Development Permit. Code Amendment No. 83-27 is intended to administratively implement the provisions and policies of the Coastal Act and the Commission' s Administrative Regulations. This is necessary because after the LCP is certified by the Coastal Commission, the City will assume the issuing and administration of Coastal Development Permits for most activities within the Coastal Zone. Environmental Status : Pursuant to Section 15079. 3 of the California Environmental Quality Act, Code Amendment No. 83-27 is exempt from environmental review. FUNDING SOURCE: The implementation of the Coastal Development• Permit will incur an undetermined future expense to the Department of Development Ser- vices. As a result of this, a processing fee will be requested to be established by the City Council at some future date. When a CA 83-27 October 6, 1983 Page Four processing fee request is made to the City Council, it will be accompanied by a report on the short-term and long-term fiscal impacts to the Department. ALTERNATIVE ACTION: The City Council can deny Code Amendment No. 83-27. If this occurs, staff will have to develop another Coastal Development Permit ordinance for Planning Commission and Council ' s consid- eration. ATTACHMENTS: Attachment "A" : Flow Chart of City Review of Coastal Development Permit Application Attachment "B" : Ordinance for Code Amendment No. 83-27 with "discretionary" items circled 1 ATTACHMENT "A": FLOW CHART OF CITY REVIEW OF COASTAL DEVELOPMENT PERMIT APPLICATION Application Filing and Categorization Review and Action Appeals and Final Action Follow-up less than ffective Lice �— At least-7 days(C) ctio days(C)"� Ndate 10 days(W) date date date of local action START: Determine applicable Application review Receive CDP CDP procedure: Provide notic by approving application (1) of hearing or f1)Non-appealable to CCC authority pending actin Provide Appeal period (2) Provi a noCic ction (2)Appealable to CCC OR � taken YES notice of nearing of action Appea Compliance with (3) filed NO conditions (3)Categorically (if any) excluded M CCC exercises YES CCC review of appeal original permit Proceed to Condilto-.i YES Issue CDP jurisdication next level Deny appeal of admin. with-OR-With CCC application (END) 1(4) review, repeat City CCC action. no substantial NO notice issue) CCC accepts and Proceed with Take processes CDP other city appeal wait for complian ce application review ABBREVIATIONS: (E:D) KEY: C: Calendar days. CCC decision on 0 W: Working days application :silestone Specific Task CDP: Coastal (END) Development OCheckpoint or Permit Question CCC: California — Activity or Coastal Review Step Commission ATTACHMENT "B" : ORDINANCE FOR CODE AMENDMENT No. 83-27 WITH "DISCRETIONARY" ITEMS CIRCLED ORDINANCE NO. � AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING A NEW ARTICLE 989. 5 PERTAINING TO COASTAL DEVELOPMENT PERMIT The City Council of the City of Huntington Beach does ordain as follows : SECTION 1 . The Huntington Beach Ordinance Code is amended by adding a new Article 989. 5 to read as follows : ARTICLE 989. 5 COASTAL DEVELOPMENT PERMIT Sections : 5 Pur ose (9895. 1 Definitio ns 9 enera 9895. 3 Exemptions, Exclusions and Exceptions 9895. 4 CDP Procedures 98 eals 9895. 6 Aoblication After Denial 9895. 7Expiration of CDP 9895. 8 CUP Affi-en7CImenLJ 9895. 9 Enforcement Provisions 9895. 10 Revoca io 989 Procedures for open Space Easements and Public Access Documents 9895 PURPOSEJ The purpose of the Coastal Development Permit (CDP) is to administer those districts within the coastal zone. 9895. 1 DEFINITIONS-J The following definitions shall apply to all districts wit in the coastal zone . In case of a conflict between the definitions contained in this article and others contained in the Huntington Beach Ordinance Code , the definitions contained in this article shall prevail for all districts requiring a CDP. Aggrieved Person: Means any person who, in person or through a representative, appeared at a public hearing regarding a Coastal Development Permit (CDP) ; or who, prior to action on a CDP, informed the city in writing of his/her concerns about a CDP application or who for good cause was unable to do either and objects to the action taken on a CDP and wishes to appeal such action to a higher authority. 1. Appealable Development: Means an action by the city regarding a CDP application for any development project which may be appealed in accordance with the adopted regulations of the Coastal Commis- sion and is located within or constitutes any of the following: (A) A development project approved by the city located within any appealable area, as follows - ( 1 ) All area between the sea and the 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. ( 2 ) All area within one hundred ( 100 ) feet of any wet- land, estuary, or stream and all area within three hundred ( 300 ) feet, both seaward and ,landward, of the top of the seaward face of any coastal bluff . (B ) A development project which constitutes a major public works project or a major energy facility. Approving Authority: Means any person, board, commission or council authorized by the applicable zoning or specific plan regulations, or by the provisions of this article who may take any one or a combination of four ( 4 ) different actions for each CDP .t application as follows : (A) Approval . The CDP application is approved with no cond- tions or requirements. (B) Conditional Approval. The CDP application is approved subject . to the performance of , or compliance with, conditions necessary to assure conformity with the Certified Local Coastal Program (C-LCP) . (C ) Denial . The approving authority shall state the reasons for such action. (D) Withdrawal. With the concurrence of, or at the request of the applicant, any CDP application may be withdrawn. When the approving authority withdraws an application , such action is effective immediately and is not subject to appeal. Thereafter, such CDP application shall be null and void, and the property shall have the same status as if no CDP application had been filed. Categorically Excluded Development : Means a development included in any categorical exclusion list adopted pursuant to the Certified Coastal Land Use Plan (C-LUP) , and to Sections 30610 (e ) and 30610. 5 of the Public Resources Code . 2. Certified Coastal Land Use Plan (C-LUP) : Means the Coastal Element of the Huntington Beach General Plan for the use of prop- erty within the Coastal Zone which has been adopted by the City of Huntington Beach and certified by the California Coastal Commission pursuant to the Public Resources Code . Certified Local Coastal Program' (C-LCP) : Means a Local Coastal Program (LCP) which the Coastal Commission has certified meets the requirements, provisions and policies of the California Coastal Act. (See. definition of Local Coastal Program. ) Coastal Commission: Means the California Coastal Commission established pursuant to the California Coastal Act (Division 20 of the Public Resources Code ) . C. C. Executive Director: Means the executive director of the . California Coastal Commission or his/her duly authorized repre- sentative . Coastal Development Permit (CDP ) : Means a permit issued by the City of Huntington Beach or the Coastal Commission to perform or undertake any development in the Coastal Zone. Coastal Zone : Means the portion of the City of Huntington Beach specified on a "Post LCjP Certification Permit and Appeal 3. Jurisdiction" map adopted by the state legislature as .adjusted by the Coastal Commission pursuant to the requirements of the California Coastal Act as it presently exists or may hereafter be amended. Development: Means the. placement or erection of any solid material or structure, on land, in or under water; discharge or disposal of any dredged material or of any gaseous, liquid, solid, or thermal waste ; grading, removing, dredging , mining, or extrac- tion 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, and any other division of land including lot splits, except where the land division is brought about in connec- tion 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 har- vesting of major vegetation other than for agricultural purposes, and kelp harvesting. Development Project: Means any of the uses, activities or structures listed under the definition of "development" when carried out, undertaken or established individually or indepen- dently of any other such use, activity or structure; or any group or combination of the listed uses, activities or structures which combine to form, or are a component part of , an integrated project. 3. Disaster: Means any situation in which the force or forces which destroyed the structure, to be replaced, were beyond the control of its owner. Energy Facility: Means any public or private processing, pro- ducing, generating , storing, transmitting, or recovering facility for electricity, natural gas, petroleum, coal or other source of energy. H. B. Director: Means the Director of Development Services of the City of Huntington Beach, or his/her duly authorized represen- tative . Local Coastal Program (LCP ) : Means the land use plans, zoning regulations, specific plans, maps and implementing procedures adopted by the City Council for the purpose of carrying out the provisions of the California Coastal Act. An LCP which has been certified by the Coastal Commission meets the requirements, pro- visions and policies of the California Coastal Act and is a C-LCP. Major Energy Facility: Means any energy facility exceeding fifty thousand dollars ( $50, 000 ) , or such minimum as may be adopted by the State of California, in actual or estimated cost of con- struction . t, Major Public Works Project : Means any public works project exceeding fifty thousand dollars ( $50, 000 ) or such other minimum as may be adopted by the State of California, in actual or estimated cost of construction. Person: Means any individual, organization, partnership, or other business association or corporation, including any utility and any federal, state, county, city government, or special district or any agency thereof. 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 major 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 proj- ects of the State Coastal Conservancy, and any development by a y special district. (D) All community college facilities. 4. Structure : Includes anything that is constructed or built; for example, a building , road, pipe, flume , conduit, siphon, aqueduct, telephone line , or electrical power transmission and distribution line. 9895.2 GENERAL REQUIREMENTS. It is the intent of the following procedures to minimize the number of times a development project will . be required to secure a CDP. Whenever a proposed development project includes more than one development,. as defined in Section 9895. 1, it is intended that, where feasible, the developments be integrated into one development project and that the CDP application be processed at the most appropriate stage of the project. Any such CDP application shall include such informa- t ion and details as necessary to permit an appropriate decision to be made for all stages or phases of the development project. (A) CDP Required. Except as otherwise provided by Section 9895. 3, any person proposing to undertake any development project within a district bearing the CZ suffix shall obtain approval of a CDP in compliance with the provisions of this article. (B ) Combined Applications. A CDP application may be combined with any other permit application ; however, any such combined application shall be processed in compliance with the provisions of the permit application procedure contained in the Huntington Beach Ordinance Code and ' with the provisions of this article. The approving authority for any combined application shall be as specified by this article. When it is not feasible to combine a CDP application with one or more other applications, they may be processed in a concurrent manner so that the effective dates of the different actions shall occur at the proper time and in the required sequence. (C ) Types of Approval Action. CDP applications shall be processed in compliance with one of the following applicable requirements, either - as an application requiring a public hearing or an application requiring administrative approval. ( 1 ) When a public hearing is required, the CDP applica- tion shall be heard by either the Board of Zoning Adjustments, the Planning Commission, or the City Council at a regularly scheduled meeting . ( 2 ) When a public hearing is not required, the approving authority shall schedule a date , time and place for action to be taken. 9895. 3 EXEMPTIONS AND EXCLUSIONS. Except as otherwise - � specified herein , developments listed in this section are exempt from the provisions of the CDP. Requirements for any other permit are unaffected by this section. 5. (A) 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. (B ) Maintenance of , or improvements to, existing single- family dwellings, accessory uses and structures, and landscaping, except the following, which are not exempt: (1 ) Improvements to any existing structure located on a beach, wetland, or seaward of the mean high tide line or where the dwelling or proposed improvement would encroach within fifty ( 50 ) feet of the edge of a coastal bluff. ( 2 ) Improvements to any existing structure located between the sea and the first public road paralleling the sea or within three hundred ( 300 ) feet of the inland extent of a beach or of the mean high tide line of the sea where there is no beach, whichever is the greater distance, when such improvements would constitute or ,result in any of the following: (a ) An increase of ten percent ( 10% ) or more of the internal floor area of the existing structure (s ) on the building site . ( b) An increase in the floor area in any amount when the structure has previously been improved in compliance with these exemptions. (c ) The construction of an additional story or a loft. (d ) The construction, placement or establishment of any significant detached structure such as garages, fences, shore- line protective works, docks or trees. (3 ) Expansion or construction of a water well or septic system. ( 4 ) 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, when such improvement would be a major water user not essential to residential use, .including but not limited to, swimming pools and landscape irrigation systems. ( 5 ) Any improvement when the CUP issued for the original structure indicated that future additions would require a CUP. 6. ( 6 ) Improvements to any structure on a beach or wetland, seaward of the mean high tide line, where the structure or proposed improvement would encroach within fifty ( 50 ) feet of the edge of a coastal bluff . ( 7 ) Any significant alteration of land forms including removal or placement of vegetation, on a beach, wetland or sand dune, or within one hundred ( 100 ) feet of the edge of a coastal bluff , or in areas of natural vegetation .designated by resolution of the Coastal Commission as significant natural habitat. (C ) Maintenance of, or improvements to, an existing structure ( including attached fixtures and landscaping ) other than a single- family dwelling or a public works facility, except the following , which are not exempt: ( 1 ) through ( 7 ) (Se,e subsection (B ) ( 1 ) through ( 7 ) within this section. ) ( 8 ) Improvements to any structure which would result in a change in the intensity of the uses on the building site . ( 9 ) ' Improvements pursuant to a conversion of an existing multiple-unit residential structure or visitor-serving commercial o� use to a condominium or stock cooperative . This paragraph does not apply to a time-share project, estate, or use as defined in Section ° 11003. 5 of the Business and Professions Code . (D) Maintenance dredging of existing navigation channels or moving dredged material from such channels to a disposal area outside the coastal zone , pursuant to a permit from the United States Army Corps of Engineers. (E ) Repair or maintenance activities that do not result in an addition to, or enlargement or expansion of , the object of such repair or maintenance activities; except the following, which are not exempt: ( 1 ) Repair or maintenance of a sea wall 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. 5 (c ) The replacement of twenty percent ( 20% ) or more o the m teri is of an existing structure with materials of a difteren kind. 7. (d) The presence , whether temporary or permanent, of mechanized construction equipment or construction materials on any sand area or bluff or within twenty ( 2U ) feet of coastal waters or streams. (2 ) The replacement of fifty percent ( 50% ) 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 the placement of dredge spoils of any quantity within an environmentally sensitive habitat area, on any sand area, within fifty ( 50 ) feet of the edge of a coastal bluff or environmentally sensitive habitat area, or within twenty ( 20 ) feet of coastal waters or stream; 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 struc- tures 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 ( 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. (F ) The installation, testing, and placement in service or the replacement of any necessary utility connection between an existing service facility and any development approved pursuant to this article . The H. B. Director, where necessary, may require reasonable conditions to mitigate any adverse impacts on coastal resources including, but not limited to, scenic resources. (G) The replacement of any structure, other than a public works facility, destroyed by natural disaster, provided such replacement structure conforms to applicable current zoning regulations, is designed and intended for the same use as the destroyed structure, does not exceed the floor area, height or bulk of the destroyed structure by more than ten percent ( 10% ) and is sited in the same location on the same building site as the destroyed structure . 8. (H ) Development projects on tidelands, submerged lands or on -�= public trust lands, whether filled or unfilled, when such projects are permitted pursuant to a CDP issued by the Coastal Commission . ( I ) Projects normally requiring a CDP but which are under- taken by a public agency, public utility or person performing a public service as emergency measures to protect life and property from imminent danger or to restore, repair or maintain public works, utilities and services during and immediately following a natural disaster or serious accident, provided the H. B. Director and the C. C. Executive Director are notified within three ( 3 ) days after the disaster or discovery of the danger regarding the type and location of the emergency measures to be performed. This exemption does not apply to the erection, construction or placement of any structure with an estimated cost or market value in excess of twenty-five thousand dollars ( $25, 000 ) in a permanent location. (J ) Ongoing routine repair and maintenance activities of public agencies and public utilities (such as railroads ) involving shoreline works protecting transportation roadways. (K) Lot line adjustments resulting in no increase in the number of lots. (L) Harvesting of agricultural crops, including kelp. h� W Land division brought about in connection with the pur- chase of land by a public agency for public recreational use . 9895. 4 CDP PROCEDURES. Each CDP application shall be pro- cessed in compliance with the requirements of this. section . (A) Applicability. ( 1 ) CDP ' s are applicable to the subject ,property. All rights and responsibilities granted by the approval of a CDP remain with the property when there is a change of ownership. ( 2 ) Prior to filing any application for those districts requiring a CDP, the H. B. Director shall make one of the following determinations : (a ) The requirements of this article have been previously satisfied; or (b ) The applicant shall file a CDP application con- currently or in combination with the application ; or (c ) The CDP application shall be deferred to accom- pany a subsequent application . 9. (B) Application Requirements. Each CDP application shall be submitted in the form and number prescribed by the H. B. Director, and shall be accompanied by: (1 ) Payment of a fee set by resolution of the City Council. (2 ) A location map showing the area to be developed in relation to nearby lots, streets, highways and major natural features such as the ocean, beaches, wetlands and other major landforms. ( 3 ) A site plan, drawn to scale, showing: (a ) Existing and proposed property lines of the site to be developed, including all easements over or adjacent to the lot; (b) Existing and proposed topography, at a contour interval appropriate to the size of the site to be developed ( if determined by the H. B. Director to be necessary) ; (c ) All existing and proposed structures, roads, utility lines, signs, fences and other improvements ; ;. � (d ) Major natural and man-made landscape features, including location, type and size of any trees or other vegetation to be removed or planted; (e ) For projects proposed between the first through public road and the sea, indicate on the site plan, existing and/or proposed public access to and along the shoreline . (4 ) When a building is being proposed the following elevations are required: (a ) All exterior walls; (b) Type and color of roof and other exterior materials ; (c ) Location and design of roof equipment, trash enclosures, fences, exterior lights, signs and other exterior structures and equipment. ( 5 ) Any additional information determined by the H. B. Director, within thirty ( 30 ) days of the CDP application submittal, to be necessary for evaluation of the proposed development 's com- pliance with the. C-LCP. 10. (C) determination of Applicable CDP Procedure. At the time a CDP application is submitted, the H. B. Director shall determine, based on the provisions of the C-LCP 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 exercises original permit jurisdiction ; (2 ) categorically excluded; (3 ) non-appealable to the Coastal Commission; (4 ) appealable to the Coastal Commission. (D) CDP Procedure Appeal . Within five ( 5 ) working days of submitting a CDP application, the applicant or any other person who does not agree with the H. B. Director 's CDP procedure determina- tion, as provided for in Subsection (C ) ( 2 ) , through ( 4 ) within this Section, may challenge the determination. If such challenge is not resolved and the determination remains disputed, the city shall notify the C. C. Executive Director by telephone of the dispute/ question and shall request the C. C. Executive Director 's opinion. If the H. B. Director or any other interested does not agree with the C. C. Executive Director 's determination and wishes a further determination, the matter shall be forwarded to the City Council for review and determination. The Council shall schedule, the request for review and determination at the earliest available regularly scheduled meeting. The Council shall determine whether the project is categorically excluded, non- appealable or appealable. If the City Council 's determination is not in accordance with the C. C. Executive Director ' s determina- tion, the request shall be returned to the C. C. Executive Director who may either concur with the Council 's determination or forward the request to the Coastal Commission . for a final determination. (E ) Report and Recommendation. After accepting a CDP appli- cation as complete , the H. B. Director shall prepare a report to the approving authority. The report shall include : (1 ) a statement as to whether, in the H. B. Director 's judgment, the project complies with the policies of the C-LCP; ( 2 ) a recommended action, with conditions (as appropriate ) to ensure compliance with the C-LCP. (F ) Referral of CDP Application. It shall be the duty of the H. B. Director to: ( 1 ) forward each CDP application for comment to other reyiewin9 officials and/or agencies• as may be required by LCP po ici.es , 11. ( 2 ) forward each CDP application together with his/her *4 report thereon to the approving authority for its action ; and (3 ) mail the notice of CDP application and the notice of public hearing, in compliance with the provisions of subsection ( I ) and (J ) of this section. (G) Action on CDP. Action to approve, conditionally approve, deny or withdraw a CDP application shall be taken only by the approving authority. _ To the extent possible , action on a CDP application shall be taken concurrently with action on other approvals required for the development project by applicable provisions of the base district. Action on a CDP shall be in accordance with the following pro- cedures : ( 1 ) Where the Huntington Beach Ordinance Code requires action on an application to be taken by the H. B. Director, the Board of Zoning Adjustments, the Planning Commission, or the City Council, then that person, board, commission or council shall also act on the CDP application. (2 ) Where action on other ap.provals . is to be taken by a city officer or body other than those specified in paragraph ( 1 ) , , . � the H. B. Director shall act on the CDP application following action by the appropriate officer or body on the other required approvals. (3 ) When a development project is allowed by the base district with no approval other than a CDP, the H. B. Director shall act on the CDP application. (4 ) Where, in accordance with paragraphs ( 1 ) , ( 2 ) and ( 3 ) above , action on a CDP application should be taken by the H.B. Director but subsection (H ) of this section requires a public hearing, the Board of Zoning Adjustments shall act in the place of the H. B. Director. ( 5 ) Where final action on other approvals requires the recommendation of one officer or body to another, as in the case of the Planning Commission ' s recommendation to the City Council, that officer or body shall make a concurrent recommendation on the CDP application. ' ( 6 ) A CDP application may be approved or conditionally approved only after the approving authority has reviewed the development project and found it in conformance with the C-LCP by making the following factual findings: (a ) LUP. That the development project proposed by the CDP icatio c of ms with the plans, policies, requirements and stan�Ws of tie -L$ ; 12. (b ) Zoning Regulations. That the CDP application is consistent with the CZ suffix, the base zoning district or specific plan as well as other provisions of the Huntington Beach Ordinance Code applicable to the property ; (c ) Adequate Services. That at the time of occupancy the proposed development can be provided with infra- structure in .a manner that is consistent with C-LUP; (d ) California Coastal Act. That the development conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act; (e ) Conditional Exception Applications. In addi- tion to the findings required for a Conditional Exception by the Board of Zoning Adjustments and/or the Planning Commission, the following finding shall also . be made: "Approval of the conditional exception will result in no modification to the requirements of the C-LUP. " (H ) Public Hearing and Comments. (1 ) The approving authority specified in subsection (G) of this section, shall hold a public hearing prior to any action on a CDP application where any of the following apply: (a ) The CDP application is for a non-appealable development and the base district regulations require the holding of a public hearing prior to action or recommendation on other approvals required for the project. (b ) _ The CDP application is for an appealable development, as defined in Section 9895. 1. ( 2 ) A public hearing on a CDP application may be held concurrently with any other public hearing on the development project held by the approving authority specified in subsection (G) of this section. (3 ) Any person may submit written comment on a CDP application, or on a CDP 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 action date specified in the notice required by subsection (J ) of this section . Written comments shall be submitted to the H. B. Director who shall forward them to the appropriate person, board, commis- sion, council or applicant. 13. (I ) Notice of Public Hearing. (1 ) Non-Appealable Development. (a ) Contents of Notice: ( i ) A statement that the development is within the Coastal Zone ; ( ii ) the fee for filing appeals. (b) Provision of Notice . Notice shall be mailed, by first class mail, at least ten ( 10 ) calendar days before the public hearing on a CDP application to the following: ( i ) the applicant; ( ii ) the owner of the subject parcel or duly authorized agent ( if different from the applicant) ; ( iii ) all persons owning property within three hundred ( 300 ) feet from the perimeter of the subject parcel; ( iv) all persons residing within one hundred ( 100 ) feet from the perimeter of the subject parcel; F7 (v) the Coastal Commission; (vi ) any commission or board as provided in the C-LCP; (vii ) all persons who have submitted a written request for notification of all CDP applications or who have sub- mitted a written request for notification of any proposed develop- ment of the subject parcel, and who have submitted self-addressed, stamped envelopes or paid a reasonable fee to receive such notice ; (viii ) newspaper of general circulation in the Coastal Zone ; notice to be published once . (This provision is applicable only when the CDP application is to be heard by the Planning Commission. ) (2 ) Appealable Development. (a) Contents of Notice: ( i ) a statement that the development is within the Coastal Zone ; r= ( ii ) the date ,of filing of the CDP applica- tion and the name of. the applicant ; 14. I ( iii ) the number assigned to the CDP applica- tion ; ( iv) a brief description of the proposed development and its location; (v) the date , time and place at which the . CDP application will be heard by the approving authority; (vi ) a brief description of the hearing 's general procedure , conduct and possible actions; (vii ) a brief description of the system for applicable city and Coastal Commission appeals ; (viii ) the fee for filing appeals. (b ) Provision of Notice. Notice shall be mailed, by first class mail, at least seven ( 7 ) calendar days before the first public hearing on a CDP application to the following: ( i ) the applicant; ( ii ) the owner of the subject parcel or duly authorized agent ( if different from the applicant) ; ' ( iii ) all persons owning and/or residing within one hundred ( 100 ) feet from the perimeter of the subject parcel; ( iv) the Coastal Commission ; (v) any commission or board as provided in the C-LCP; (vi ) all persons who have submitted a written request for notifiction of all CDP applications or who have sub- mitted a written request for notification of any proposed develop- ment of the subject parcel, and who have submitted self-addressed, stamped envelopes or paid a reasonable fee to receive such notice. (3 ) Notice of Continued Public Hearings. If a hearing on a CDP application is continued to a time which has not been stated in the initial notice or at the public hearing, notice of the continued hearing shall be provided in the same manner and within the same time limits as required above. (J ) Notice of CDP Application for Projects Which Do Not Require a Public Hearing Under City - Ordinance and are Non-Appeal- able Developments_. 15. (1 ) Contents of Notice: (a ) a statement that the development is within the Coastal Zone ; (b ) the date of filing of the CDP application and the name of the applicant; (c ) the number assigned to the CDP application; (d) a brief description of the proposed development and its location; (e ) the date, time and place at .which the CDP application will be. acted upon by the approving authority; (f ) a brief description of the general procedure concerning the submission of public comments either in writing or orally; (.g ) a statement that a public comment period of sufficient time to allow for the submission of comments by mail will be apportioned prior to the action by the approving authority.. (2 ) Provision of Notice . Notice shall be mailed in the same manner as that provided for an appealable development. (See ( 1 ) (b) of this section. ) (K) Notice of City Action. (1 ) On or before the seventh ( 7th) calendar day follow- ing the date of action by the approving authority notice of the action, including findings for approval and conditions, if any, and the procedures for applicable appeal of the CDP action, shall by first class mail , be mailed to the following: (a ) the applicant ; (b) the owner of subject parcel or duly authorized agent ( if different from the applicant ) ; (c ) all persons who have submitted a written request for notification of action on this specific CDP application and who have submitted self-addressed, stamped envelopes or paid a reasonable fee to receive such notice ; (d ) the Coastal Commission; - (e ) any commission or board as provided in the C-LCP. 16. ( 2 ) This Notice of City Action shall also be deemed the Notice of Final City Action if an appeal is not filed in accordance with this article . (L) Failure to Act. If a CDP application has not been approved, conditionally approved, or disapproved by the approving authority within one ( 1 ) year after the date the CDP application was accepted -as complete, or within the time the CDP application was extended, the CDP application shall be deemed approved. Thereafter, the applicant shall notice the City of Huntington Beach and the Coastal Commission in writing of his or her claim that the development project. has been approved by operation of law. When the city determines after notice by the person claiming the right to proceed, that the time limits established pursuant to Government Code Sections 65950-65957. 1 have expired, the city shall, within seven ( 7 ) calendar days of such determination, notify any person entitled to receive notice pursuant to subsection (K) of this section that: ( 1 ) CDP application has been approved by operation of law; ( 2 ) the CDP application may be appealed to the Coastal Commission pursuant to Section '13110 et seq. of their regulations. (M ) Final City Action. After the date of final action, the proposed development project may be established in compliance with all applicable regulations and with the provisions of the CDP application as approved. ( 1 ) Non-Appealable Development. The city 's action on a CDP application for a non-appealable development shall be deemed final and in effect when: (a ) action by the approving authority has been taken in accordance with subsection (G) of this section ; (b ) notification of this action has been made in accordance with subsection (K) of this section; (c ) all legal rights of appeal granted in the Huntington Beach Ordinance Code have either expired or been exhausted in accordance with subsection 9895. 5. (2 ) Appealable Development. The city ' s action on a CDP application for an appealable development shall be deemed final and in effect when the ten (.10 ) working day appeal period to the Coastal Commission has expired following exhaustion of the —� Huntington Beach Ordinance Code ' s appeal procedures as detailed in subsection 9895. 5(B ) , unless any of ,the following occur: 17 . (a ) an appeal is filed with the Coastal Commission in accordance with subsection 9895. 5 (A) and (C ) ; (b ) the notice of final city appeal action does not meet the requirements of subsection 9895. 5 (B) ( 3 ) ; (c) the notice of final city appeal action is not received in the Coastal Commission office and/or distributed to interested parties in time to allow for the ten ( 10 ) working day appeal period. 9895. 5 APPEALS. Development pursuant to an approved CDP shall not commence until all applicable appeal periods expire or , if appealed, until all appeals, including the Coastal Commission, have been exhausted. The action regarding any CDP application may be appealed in compliance with the provisions of the Huntington Beach Ordinance Code and with the following additional provisons : (A) Actions Appealable Directly to the Coastal Commission. An action regarding a CDP application for any appealable develop- ment may be appealed -directly to the Coastal Commission without exhausting the appeal procedures specified by this section provided such appeal is filed in accordance with the adopted regulations of the Coastal Commission. (B) Actions Appealable in Accordance with the Huntington Beach Ordinance Code. ( 1 ) Filing Procedure. An appeal shall be filed within ten ( 10 ) working days of the approving authority ' s action by any aggrieved person with the Department of Development Services on a form provided by the H. B. Director, and shall be accompanied by a fee set by resolution of the City Council and a statement of the grounds for appeal . Said appeal fee shall be waived in lieu of the reimbursement of that fee through the instrument of Section 2231 of the Revenue and Taxation Code (SB 90 ) claim or similar reimbursement process established by the Coastal Commission. (2 ) Notice of Public Hearing. (a) Contents of Notice. Notice shall contain the same information as the original notice except that it shall also give the appellant ' s name and state that the hearing is an appeal. (b) Provision of Notice. Notice shall be mailed, by first class mail , at least ten ( 10 ) calendar days before the public hearing on an appealed CDP application to the following: --t ( i ) the appellant; 18. ( ii ) the applicant ( if different from the appellant ) ; ( iii ) the owner of the subject property or duly authorized agent ( if different from the appellant and/or applicant ) ; ( iv) the Coastal Commission; (v) any commission or board as provided in the C-LCP; (vi ) all persons who have submitted a written request for notification of action on this specific CDP application and who have submitted self-addressed, stamped envelopes or paid a reasonable fee to receive such notice. ( 3 ) Notice of City Appeal Action. On or before the seventh ( 7th) calendar day following .the date of action on an appeal , the H. B. Director, or the Clerk of the City Council (as appropriate ) shall forward, by first class mail, a copy of the written. decision to the persons who were notified of the appeal. (See subsection (B ) ( 2 ) above . ) (C) Actions Appealable to the Coastal Commission After Exhaustion of City Appeals. An action by the City Council regarding a CDP application for any appealable development may be appealed to the Coastal Commission within ten ( 10 ) working days from the date of the Council ' s action by the applicant, an aggrieved person, or any two (2 ) members of the Coastal Commission, provided such appeal is filed in accordance with the adopted regulations of the Coastal Commission. 9895. E APP TION AFTER DENIAL,J Whenever a CDP request under t e provisions of this section has been denied and such denial has become final , no new CDP application for the same or similar request may be accepted within one ( 1 ) year of the denial date, unless the H. B. Director finds that a sufficient change in circumstances has occurred to warrant a new CDP application. 895. 7 EXPIRATION OF P.CD A CDP shall expire on the latest expi e a ion at applica e to any other permit or approval required for the project, including any extension granted for other permits or approvals. Should the project require no city permits or approvals other than a CDP, the CDP shall expire one ( 1 ) year from its date of approval if substantial work on the project has not been commenced during that time or an extension has not been granted by the approving authority. J. 9895. 8 CDP AMEND;:e T Upon application by the permittee, a CDP may e amen e approving authority. A CDP amendment 19. Lishall be accomplished in the same manner specified by this article for initial approval of a CDP. All sections of this article shall apply to CDP amendments. In addition to the previous requirements of this article, notice of hearing on the requested CDP amendment shall be given to any person determined by the H. B. Director to have been aggrieved at the original hearing. (A) A GDP amendment may be approved if it is found that: ( 1 ) It will be in furtherance of the purposes of the CZ suffix; and ( 2 ) It will not significantly alter the approved CDP. (B) The notification requirements of this section may be waived by the approving authority either: ( 1 ) because the. proposed changes are the result of an immaterial error on the part of the permittee or city; or - (2 ) The H. B. Director has determined that the proposed modification will not materially alter the proposed project and adversely impact the surrounding area. MR 9895. 9 ENFORCEMENT PROVISIONS. The purpose of this section is to provide regulations and procedures which will ensure com- pliance with the California Coastal Act and with the requirements of the C-LCP and the provisions of the CDP. (A) Violations. In addition to the provisions of the Hunt- ington Beach Ordinance Code , the following provisions are appli- cable for all districts bearing the CZ suffix. Any violation of the C-LCP shall constitute a violation of the CDP, the Huntington Beach Ordinance Code, and Division 20, Section 30000 et seq. of the Public Resources Code of the State of California and shall be sub- ject to the remedies, fines and penalties provided therein. (B ) Prosecution. A violation may be prosecuted by the City of Huntington Beach in the name of the people of the State of California, or may be redressed by civil action. (C) Fines. Each violation is punishable by a civil fine of not more than ten thousand dollars ( $10, 000 ) , and of, not less than fifty dollars ( $50 ) , nor more than five thousand dollars ( $5, 000 ) per day for each day in which such violation occurs, in addition to the fines and penalties provided by the City of Huntington Beach Ordinance Code . 9895. 10 REVOCATION Establishment, maintenance and operation of the r e se (s ) proposed by the CDP application shall be consistent with the information and specifications of the 20. approved plan of development. Failure of any person to abide by and faithfully comply with any and all conditions that may be attached to the approval of a CDP issued pursuant to the provisions of this article shall constitute grounds for the revocation of said CDP by the City Council. The failure. of any CDP application to be processed in compliance with the requirements and procedures of this article shall con- stitute grounds for revocation by the City Council for any CDP approval resulting from such non-compliance. 9895. 11 PROCEDURES FOR OPEN SPACE EASEMENTS AND PUBLIC ACCESS When a CDP requires dedication of a public access, open space or conservation easement prior to recordation of a final tract or parcel map or prior to issuance of the CDP, the legal dedicating document shall be approved by the H. B. Director and the C. C. Executive Director prior to such recordation or CDP issuance .The offer of dedication shall be processed in the following manner: (A) After the H. B. Director has approved the offer of dedication, the offer of dedication together with a copy of the CDP conditions and findings shall be forwarded to the C. C. Executive Director for review and approval. (B) The C. C. Executive Director shall, within fifteen ( 15 ) working days after receipt of the documents, notify the H. B. Director and the applicant of any recommended changes to the dedi- cation offer. (C ) If the H. B. Director has not received a notice of recom- mended changes from the C. C. Executive Director at the end of the fifteen ( 15 ) day working period, the map may be recorded or the CDP may thereafter be issued in compliance with applicable city proce- dures and regulations. (D) If the C. C. Executive Director has recommended changes in the offer of dedication, the subject map shall not be recorded, nor shall the CDP be issued, until the offer of dedication has been revised in a manner sati.sfactory to and as approved by the H. B. Director and the C. C. Executive Director. SECTION 2. This ordinance shall take effect thirty days after adoption . 21. c� PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting hereof held on the day of , 1983. Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Attorney /n REVIEWED AND APPROVED: INITIATED AND APPROVED: - City Administrator irector, evelopment Services 22 . zt- �Q _ Publish October 6, 1983 NOTICE OF PUBLIC HEARING CODE AMENDMENT NO. 83-27 COASTAL DEVELOPMENT PERMIT NOTICE IS HEREBY GIVEN that a public hearing will be held by the City Council of the City of Huntington Beach, in the Council Chamber of the Civic Center, Huntington Beach, at the hour of 7:30 P.M. , or as soon thereafter as possible on Monday the 17th day of October 19 83 for the purpose of considering Code Amendment No. 83-27, an amendment to the Huntington Beach Ordinance Code adding Article 989.5 which will create a Coastal Development Permit. Code Amendment No. 83-27 encompasses the local administrative aspects required by State law or regulation for all areas within the Coastal Zone. A copy of Code Amendment No. 83-27 is on file in the Department of Development Services. All interested persons are invited to attend said hearing and express their opinions for or against said Code Amendment No. 83-27 Further information may be obtained from the Office of the City Clerk, 2000 Main Street, Huntington Beach, California. 92648 - (714)„536-5227 DATED October 3, 1983 CITY OF HUNTINGTON BEACH By: Alicia M. Wentworth City Clerk I , NOTICE TO CLERK T= ,,_,A— TO: PUBLIC HEARING � ITEM Ceie CITY CLERK'S OFFICE DATE: t�--� FROM: c -lam C�f�f-De Stj l L-� w.-e� G-h f r-r,Ovti`� PLEASE SCHEDULE A PUBLIC HEARING USING THE ATTACHED LEGAL NOTICE FOR THE DAY OF AP's are attached AP's will follow No AP's Initiated by: / Planning Commission L/ Planning Department Petition * Appeal Other Adoption of Environmental Status (x) YES NO Refer to Planning Department - Extension # for additional information. * If appeal , please transmit exact wording to be required in the legal . LEGAL NOTICE NOTICE OF PUBLIC HEARING CODE AMENDMETN NO. 83-27 NOTICE IS iEREBY, GIVEN that a public hearing will be held by the City Q A '��-`-� n of the City of Huntington Beach, California, for the purpose of considering Code Amendment No. 83-27, an amendment to the Huntington Beach Ordinance Code adding Article 989 . 5 which will create a Coastal Development Permit. _ Code Amendment No. 83-27 encompasses the local administrative aspects required by State law or regulation for all areas within the Coastal Zone. A copy of Code Amendment No. 83-27 is on file in the Department of Development Services. d hearing will be held at the hour of 7 : 00 P .M. , on c 6e-t- 'a SeP`�"--i•", 1983 , in the Council Chambers Building of the Civic Center, 2000 Main Street, Huntington Beach, California. All interested persons are invited to attend said hearing and express their opinions for or against the proposed Code Amendment No . 83-27 Further information may be obtained from the City Planning Department. Telephone No. (714) 536-5271 DATED this 3�day of 1983 CITY PLANNING COMMISSION James W. Palin By Secretary I "