Subject: City of Hermosa Beach Local Coastal Program

 

Purpose: To comply with the California coastal act and obtain local permit authority, including amending the policies in the city’s certified coastal land use plan and adoption of an Implementing Ordinance

 

Recommendations

1. To approve the attached resolution to amend the City’s Certified Coastal Land Use Plan.
2. To introduce the attached Ordinance as an amendment to the City’s Zoning Ordinance to implement the Local Coastal Program
3. To adopt the attached resolution authorizing submittal of a Local Coastal Program to the Coastal Commission.

 

Background

The Planning Commission has held two public hearings on this matter: including an informational meeting on March 21, 2000, and a special meeting on April 5, 2000 to make their final recommendation. 11,000 informational brochures and public notices were mailed on March 13, 2000 to all residents and commercial uses within the City regarding the hearings. The draft documents have been revised based upon input from the hearings, City Attorney review, and comments from the Coastal Commission Staff.

 

Executive Summary

Portions of the City of Hermosa Beach are within California’s Coastal Zone and are therefore subject to the California Coastal Act. The goal of the Coastal Act is to protect California’s coastal resources for the use and enjoyment of future generations. In order to accomplish this goal, the Coastal Act requires that certain policies and actions be followed in the Coastal Zone.

The Coastal Act also granted the State the authority to regulate development and uses in the Coastal Zone. The State maintains this authority until such time as the City or jurisdiction enters into a contract with the State and incorporates the goals of the Coastal Act into local regulations. In Hermosa Beach, the State still retains the authority to regulate and issue permits for development in the Coastal Zone.

Staff has been working with a consultant (The Planning Center) and the Coastal Commission to obtain permit authority the Coastal Zone. In order to obtain this authority, the City must complete its Local Coastal Program. The Local Coastal Program is the contract between the City and the State specifying how the City will protect California’s coastal resources. The Local Coastal Program consists of two documents: 1) the Land Use Plan, and 2) Implementing Ordinances, and associated maps.

 

California Coastal Act

The California Coastal Act (California Public Resources Code Sections 30000 et seq) was enacted by the State Legislature in 1976 to provide long-term protection of California’s coastline. The Coastal Act contains policies that address public access to the coast, coastal recreation, the marine environment, coastal land resources, and coastal development of various types, including energy facilities, ports, and other industrial development. Jurisdictions within a certain distance of the coast, called the Coastal Zone, are subjected to these policies.

The Coastal Act grants the State the authority to permit development within the Coastal Zone until such time as local jurisdictions complete, and the Coastal Commission certifies, a Local Coastal Program

The Coastal Zone stretches along the length of California’s coast and includes approximately 287 miles of shoreline and 9 offshore islands. The Coastal Zone encompasses some 1.5 million acres of the mainland and reaches from 3 miles at sea to an inland boundary that varies from a few blocks in the more urban areas to as far as 5 miles inland in other areas.

In Hermosa Beach, the Coastal Zone extends inland (east) from the beach as shown on the attached map. The Coastal Zone is divided into two areas, the Appealable and Non-Appealable areas. These areas determine the extent of the ability to appeal a development application to the Coastal Commission.

 

Local Coastal Program

The Coastal Act outlines a partnership between the State and local government to manage the conservation and development of coastal resources. The City’s portion of this partnership is described in a document called the Local Coastal Program. The Local Coastal Program incorporates the goals and policies of the Coastal Act into the City’s regulations and identifies the location, type, densities and development standards for future development in the Coastal Zone. The Local Coastal Program includes two documents:

• Land Use Plan (LUP), a portion of the local general plan pertaining to the Coastal Zone.
• Implementing Ordinance, the zoning ordinance and maps necessary to implement the land use plan.

Hermosa Beach has completed the first step in the process of completing the Local Coastal Program. In 1981, the City’s Land Use Plan was certified by the California Coastal Commission. The City must now complete the second step of the process to obtain the permitting authority in certain portions of the Coastal Zone.

 

Local Permitting

After a Local Coastal Program has been approved, the Coastal Commission’s permitting authority over most new development will be transferred to the City of Hermosa Beach. This will increase convenience and shorten processing time for local property owners and developers to obtain permits. However, the Coastal Commission will still retain authority over development proposed in the Original Permit Jurisdiction (beach, tidelands, submerged lands, and public trust lands). The Coastal Commission will also retain the authority to:

• Hear appeals of the City’s coastal permit decisions,
• Review and approve any amendments to certified Local Coastal Program, and
• Review the Local Coastal Program at least every five years to ensure proper implementation and continued compliance with the Coastal Act.

 

What types of development require a Coastal Development Permit?

A Coastal Development Permit is currently required for development in the Coastal Zone that results in any change:

• In the density or intensity of use of land, including subdivisions, or
• In the intensity of use of water, or
• Access to the coast.

The following types of development are exempt from coastal permitting requirements:

• Most repairs and improvements to single-family homes,
• Certain types of development subject to Categorical Exclusions, such as projects consistent with the zoning ordinance,
• Certain temporary events,
• The replacement of any structure destroyed by natural disaster, and
• Development that involves does not involve the risk of adverse environmental effects.

How are coastal development permits obtained?

Currently, Any person seeking to undertake applicable development in the Coastal Zone must obtain permits from the Coastal Commission’s Local District Office in Long Beach.

However, after certification of the Local Coastal Program, permits may be obtained from the City of Hermosa Beach Community Development Department. This will make the permit process more convenient, and in most cases speed up the process.

How will Hermosa Beach’s new Ordinance Work ?

All properties within the Coastal Zone (See Map) will be assigned the Coastal Zone (CZ) overlay in addition to their existing zoning designation. For instance, if your property is currently zoned for One-Family Residential (R-1), it will now be zoned One-Family Residential – Coastal Zone (R-1-CZ).

This new Coastal Zone overlay zone will not change the underlying zoning designation but will add the coastal permit processing requirements to these areas. Future development or improvements in the Coastal Zone will then be required to comply with the policies of the Coastal Act and CZ overlay zone.

Next Steps?

The City of Hermosa Beach is preparing to submit an application to certify the Implementing Plan portion of their Local Coastal Program along with accompanying amendments to the Certified Land Use Plan (LUP). Prior to this, the City Council must adopt the ordinance and a resolution transmitting the package of documents and maps which constitute the LCP to the Coastal Commission for certification.

The following material is provided in your City Council package:

• LUP and Existing Implementation Measures Consistency Analysis
• Final Draft Amendments to the Certified Land Use Plan
• Final Draft Implementing Ordinance
• Official Maps

The LUP and Implementation Measure Consistency Matrix illustrates the organization of proposed LUP amendments and the direction of the proposed Implementing Ordinance. The matrix compares Coastal Act policies to the City’s Certified LUP and relevant existing implementation measures. The right hand column of the matrix describes recommended changes to the Certified LUP, Zoning Ordinance and other City policies. The recommended changes to the Certified LUP proposed in the right hand column are also shown in the Draft Amendments to the Certified LUP. The proposed changes to the LUP are shown in strikeout and underlining.

Attachments

1. Coastal Zone Boundary Map
2. Resolution to amend L.U.P.
3. Ordinance to amend Municipal Code
4. Resolution to authorize transmittal of L.C.P. to Coastal Commission
5. Draft Amendments to the L.U.P.
6. Implementing Ordinance
7. L.U.P. and Implementation Measure Consistency Matrix
8. Map of L.C.P. amendment areas
9. Planning Commission Minutes

Agendas / Minutes Menu     Agenda