The primary purpose of a Coastal Development Permit is to ensure that development within the Coastal Zone is consistent with all Local Coastal Program policies and the public access and public recreation policies of the Coastal Act.  The Coastal Zone is established under the California Coastal Act, and is considered to have many special natural and scenic qualities that require protection.   This zone encompasses all of Laguna Beach except for the Sycamore Hills area.  Coastal Development Permits are issued by the City because Laguna Beach has a certified Local Coastal Program.  However, a few areas in the City have deferred certification and remain under the Coastal Commission’s jurisdiction.

Process

In accordance with the Coastal Act, many different types of projects including subdivisions, road extensions, grading, design review, conditional use permits, etc. may require a Coastal Development Permit.  However, the Coastal Development Permit review process is conducted concurrently with the primary permit review required for each project itself.  In general, the process for Coastal Development Permits can be summarized as follows:

Step 1 – Applicant Consideration of Project:  Early in the consideration of a potential project, the applicant should carefully review the Coastal Land Use Plan (Land Use and Open Space Elements of the General Plan) and the Coastal Development Permit Ordinance.  Planning staff should be consulted on whether the project will require a Coastal Development Permit and for opinions on consistency of the project with the Local Coastal Program.

Step 2 – Pre-Application Conference:  Depending of the scope of the project, the applicant may wish to make an appointment to meet with a member of the Planning or Zoning staff to discuss project feasibility or process procedure prior to submitting a formal application.

Step 3 – Determination of Coastal Development Category:  All development proposals must be reviewed by the Planning or Zoning staff to determine the applicable coastal regulations.  A determination must be made:  1) as to whether the project requires a Coastal Development Permit; 2) whether the permit is issued by the City or the Coastal Commission; and 3) if the permit is issued by the City, whether it can be appealed to the Coastal Commission.

Step 4 – Filing of Application:  The applicant will need to submit the Coastal Development Permit application, including a location map, site plan with all required information, filing fee and noticing materials in conjunction with the primary project application.  A staff planner will be assigned to review the material to make sure all the required information is provided.  The applicant will be notified within 30 days after filing as to whether the application is complete or what addition information is required.

Step 5 – Public Hearing:   At least one public hearing is required for Coastal Development Permit projects that are appealable to the Coastal Commission.  Other projects will require public hearings as specified in the Municipal Code.

During the public hearing, staff will make a report and recommendation.  This presentation will be followed by testimony from the applicant and any other interested persons who may wish to comment on the application.  Following the close of the public hearing, the decision-making body will take action to approve, conditionally approve or deny the request.

Appeals of any Planning Commission or Design Review Board decision can be made to the City Council by filing an appeal notice with the City Clerk within fourteen calendar days of the date of the decision.  Any development that is appealable to the Coastal Commission must first be appealed to the City Council.

Step 6 – Notice of Final Action:   Within seven days of the date of final action on a Coastal Development Permit, notice of the action (including findings and conditions) will be mailed to the applicant and representative, all interested persons and the Coastal Commission.  Any appeal to the Coastal Commission must be made by a qualified appellant within fourteen calendar days from the date of Coastal Commission receipt of the notice of final action.

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