«W14a Filed: 1/07/14 49th Day: 2/25/14 Staff: T. Gedik-A Staff Report: 1/31/14 Hearing Date: 2/12/14 STAFF REPORT: APPEAL SUBSTANTIAL ISSUE ...»
(5)Any other development that is not appealable to the Coastal Commission if the Coastal Permit Administrator determines that it involves no potential for any adverse effects, either individually or cumulatively, on coastal resources, and that it will be consistent with the Certified Local Coastal Program and the public access policies of Chapter 3 of the Coastal Act. The determination shall be made in writing and based upon factual evidence.
(B) Coastal Development Use Permit. A use permit must be secured, pursuant to the requirements of these regulations prior to the initiation, modification or expansion of a use or development that is permitted only as a conditional use in a particular district.
(C) Coastal Development Variance. Variances are discretionary adjustments in the regulations contained in this Division. Variances may only be granted to allow deviations from standards governing such development conditions as setbacks, lot coverage and lot width.
(D) Coastal Development Standard Permit. A coastal development standard permit must be secured for any other activity not specified above which is defined as a development in Section 20.308.035(D), including, but not limited to, land divisions, lot line adjustments and any other entitlement for use.
(Ord. No. 3785 (part), adopted 1991)
CZC Section 20.532.095 “Required Findings for All Coastal Development Permits” states:
(A) The granting or modification of any coastal development permit by the
approving authority shall be supported by findings which establish that:
CZC Section 20.536.005 “Coastal Development Administrative Permits” states in part:
(A) Purpose. The purpose of this section is to provide for the administrative issuance of coastal development permits for those types of development projects specified in Section 20.532.015 and emergency permits as provided for in Section 20.536.055.
(B) Approval. The Coastal Permit Administrator may administratively approve or conditionally approve a Coastal Development Administrative Permit without the requirement of a public hearing. Any permit approved administratively by the Coastal Permit Administrator shall contain a statement that the permit will not be effective until it has been reported to and reviewed by the Board of Supervisors.
(C) Reporting. A Coastal Development Administrative Permit approved by the Coastal Permit Administrator shall be available on the agenda of the Board of Supervisors at its next available meeting after the permit has been approved. The Coastal Permit Administrator shall report in writing to the Board at each meeting the permits approved under this section, with sufficient description of the work authorized to allow the Board to understand the development proposed to be undertaken. If, at the meeting, at least one (1) member of the Board so requests, the permit issued shall not go into effect and the application shall be processed in accordance with Section 20.536.010.
Coastal Act Section 30001.5 states in part the following:
The legislature further finds and declares that the basic goals of the state for the coastal zone are to:...
(c) Maximize public access to and along the coast and maximize public recreational opportunities in the coastal zone consistent with sound resources conservation principles and constitutionally protected rights of private property owners.
Coastal Act Sections 30210, 30211, and 30212 require the provision of maximum public access opportunities, with limited exceptions.
Coastal Act Section 30210 states:
In carrying out the requirement of Section 4 of Article X of the California Constitution, maximum access, which shall be conspicuously posted, and recreational opportunities shall be provided for all the people consistent with public safety needs and the need to protect public rights, rights of private property owners, and natural resource areas from overuse.
Coastal Act Section 30211 states:
Development shall not interfere with the public's right of access to the sea where acquired through use or legislative authorization, including, but not limited to, the use of dry sand and rocky coastal beaches to the first line of terrestrial vegetation.
Coastal Act Section 30212 states in applicable part:
(a) Public access from the nearest public roadway to the shoreline and along the
coast shall be provided in new development projects except where:
(1) it is inconsistent with public safety, military security needs, or the protection of fragile coastal resources,
(3) agriculture would be adversely affected. Dedicated accessway shall not be required to be opened to public use until a public agency or private association agrees to accept responsibility for maintenance and liability of the accessway.
to grant and convey to the people of the State of California an easement for access over and across the offeror's property.
Coastal Act Section 30214 states:
(a) The public access policies of this article shall be implemented in a manner that takes into account the need to regulate the time, place, and manner of public access depending
on the facts and circumstances in each case including, but not limited to, the following:
(1) Topographic and geologic site characteristics.
(2) The capacity of the site to sustain use and at what level of intensity.
(3) The appropriateness of limiting public access to the right to pass and repass depending on such factors as the fragility of the natural resources in the area and the proximity of the access area to adjacent residential uses.
(4) The need to provide for the management of access areas so as to protect the privacy of adjacent property owners and to protect the aesthetic values of the area by providing for the collection of litter.
(b) It is the intent of the Legislature that the public access policies of this article be carried out in a reasonable manner that considers the equities and that balances the rights of the individual property owner with the public's constitutional right of access pursuant to Section 4 of Article X of the California Constitution. Nothing in this section or any amendment thereto shall be construed as a limitation on the rights guaranteed to the public under Section 4 of Article X of the California Constitution.
(c) In carrying out the public access policies of this article, the commission and any other responsible public agency shall consider and encourage the utilization of innovative access management techniques, including, but not limited to, agreements with private organizations which would minimize management costs and encourage the use of volunteer programs.
(Amended by: Ch. 919, Stats. 1979; Ch. 285, Stats. 1991.)
LUP Policy 3.6-25 states:
Public access policies shall be implemented in a manner that takes into account the need to regulate the time, place, and manner of public access depending on the facts and
circumstances in each case including, but not limited to, the following:
• topographic and geologic site characteristics;
• capacity of the site to sustain use and at what level of intensity;
• fragility of natural resource areas and proximity to residential uses;
• need to provide for management of the access;
LUP Policy 3.6-8 states:
Easements for lateral shoreline accessways shall extend landward 25 feet from mean high tide or to the toe of the bluff or the first line of terrestrial vegetation if the width of the beach is greater than 25 feet. Lateral blufftop accessway easements shall be at least 25 feet in width. However, the passageway within the easement area may be reduced to the minimum necessary to avoid: (1) adverse impacts on habitat values identified in the plan; or (2) encroachment closer than 20 feet from an existing residence; or (3) hazardous topographic conditions. Bluff retreat (erosion) shall be considered and provided for the life of the development when planning lateral accessways.
CZC Section 20.528.015 “Minimum Access Standards” states in part the following:
(A) Width. Easements for lateral shoreline accessways shall extend landward twentyfive (25) feet from mean high tide or to the toe of the bluff or the first line of terrestrial vegetation if the width of the beach is greater than twenty-five (25) feet. All access easements required to be offered for public use shall be a minimum of twenty-five (25)
feet wide with the following exceptions:
(1)Where the passageway would adversely impact identified habitat values;
(2)Where it would encroach within twenty (20) feet or less from an existing residence;
(3)Where there are identified hazardous topographic conditions; or (4)Along Highway 1 where accessway(s) will be fifteen (15) feet wide pursuant to Section 20.528.010.
(E) Safety. All accessways shall be designed and constructed to safety standards adequate for their intended use. Barriers shall be constructed by the managing agency where necessary. Parking areas to adequately serve public access shall be considered in the permit review process. Bluff retreat/erosion shall be considered and provided for the life of the development when planning lateral accessways.
LUP Policy 3.6-5 states the following:
Acquisition methods such as bequests, gifts, and outright purchases are preferred by the County when obtaining public access from private landowners. Other suitable voluntary methods such as a non-profit land trust may be helpful and should be explored in the future. If other methods of obtaining access as specified above have not occurred, developers obtaining coastal development permits shall be required prior to the issuance of the coastal development permit to record an offer to dedicate an easement for public access purposes (e.g. vertical, lateral, parking areas, etc.) where it is delineated in the land use plan as a condition of permit approval. The offer shall be in a form and content approved by the Commission and shall be recorded in a manner approved by the Commission before the coastal development permit is issued.
21 A-1-MEN-14-0003 (Miller) Vertical accessways from the sites of all existing ocean front visitor accommodations and services and from all sites in which visitor accommodations and services are designated as the principal permitted use shall be considered to be designated as such in the Land Use Plan, and appropriate provisions implementing this policy shall be required in conjunction with all new or expanded developments on such sites. (For the purpose of this section, the blufftop area is that area between Highway 1 and the beach or ocean.)
CZC Section 20.528.035 “Methods for Securing Access” states:
Where acquisition of access delineated in the land use plan has not occurred through preferred methods such as bequests, gifts or purchase, recordation of an offer to dedicate an easement for public access purposes shall be required as a condition of any coastal development permit. Such offer shall be acceptable to the California Coastal Commission in form and content. Visitor accommodations and services on parcels adjoining the shoreline as identified on the public access maps shall provide public access to the blufftop and/or the shoreline. The access, to be required as a condition of permit approval or other methods as described in this Chapter, shall be available to the public at large as well as to guests. In the event that the use is changed to a use other than visitor accommodations or services, an irrevocable offer to dedicate an easement for public access shall be made available to a public entity for acceptance and management. If the accessway is reopened, it shall remain available to the public free of entrance charge.
LUP Policy 3.6-9 states:
Offers to dedicate an easement shall be required for all areas designated on the land use plan maps. Where sufficient sites in public ownership exist, additional private lands or easements over private lands beyond those shown on the land use plan maps shall not be required without a plan amendment or as otherwise required by the County. When considering such an amendment sites for shoreline access in public ownership shall be favored over those in private ownership.
The narrative contained in LUP Section 4.12 describes public access near Getchell Gulch as:
Getchell Gulch Access Location: 0.5 mile south of Anchor Bay.
Ownership: Private Characteristics: Wooded headlands and small beach.
Potential Development: Blufftop trail and beach access trail.
LUP Policy 4.12-12 states:
Offers of dedication for vertical beach access and blufftop lateral access shall be obtained consistent with Policy 3.6-5.
The County staff report prepared for CDP 10-2013 describes related applications and other associated project background, which is summarized below.
CDP 69-04: Single Family Residence On May 26, 2005, Mendocino County granted conditional approval to the former property owners, Leonard and Marilyn Haines, authorizing the construction of a 2,175-square-foot single family residence plus 576-square-foot garage, primary and secondary septic, and driveway on the
subject parcel (formerly known as APN 144-070-15).The County staff report described that: