|What is a Coastal Development Permit (CDP)? What is the process for a CDP?|
The primary purpose of a CDP 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 the City of Half Moon Bay. CDPs are issued by the City of Half Moon Bay, but remain under the Coastal Commission's jurisdiction.
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 CDP. However, the CDP review process is conducted concurrently with the primary permit review required for each project itself. In general, the process for CDPs 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 Local Coastal Land Use Plan / General Plan and the Local CDP Ordinance (Chapter 18.20). Planning staff should be consulted on whether the project will require a CDP 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 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 staff to determine the applicable coastal regulations. A determination must be made: 1) as to whether the project requires a CDP; 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:
Applications for any CDP shall be initiated by submitting an application with a filing deposit. Application for a CDP shall be submitted concurrently with any other discretionary or ministerial permit required for the development, unless the planning and building director determines that prior processing is required. The application shall include a fee set by resolution of the city council. In addition to the submittal requirements for a discretionary or ministerial permit, applications for a CDP shall also include a location map, proof of water and sewer capacity availability to meet the requirements of all of the proposed uses within the project, and any other information deemed necessary and appropriate by the planning and building director.
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 additional information is required.
Step 5 - Public Hearing:
At least one public hearing is required for CDP 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 Planning Director decision can be made to the City Council by filing an appeal notice with the City Clerk within ten calendar days of the date of the decision (Chapter 1.25). Any development that is appealable to the Coastal Commission may be appealed directly to the California Coastal Commission bypassing the City Council.
Step 6 - Notice of Final Action:
Within seven days of the date of final action on a CDP, 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.