Following are the procedure for critical areas review.
A. The Director shall first determine whether the proposed activity fits within any of the exemptions to this chapter. Some of those exemptions apply only if the activity complies with applicable best management practices or includes restoration after the activity is completed. If the proposed activity meets any of the listed exemptions, including best management practices and/or restoration requirements, no critical areas checklist or other critical areas review is required.
B. If the proposed activity is not exempt, an applicant seeking a development permit or otherwise engaging in an activity covered under this chapter shall complete a critical areas checklist on forms to be provided by the City. City staff will then review the checklist, available maps and other resource information, make a site visitation, and determine whether critical areas or their buffers are affected by the proposed activity. The applicant is responsible for providing accurate information sufficient to make this determination. When sufficient information to evaluate a proposal is not available, the Director shall notify the applicant that a critical areas study and report are required. The Director may hire at the applicant’s expense an independent qualified professional to verify that a critical areas report is necessary.
C. If a critical areas report is required, the Director may retain independent qualified consultants at the applicant’s expense to assist in review of studies outside the range of staff expertise.
D. If the checklist, maps, other references, site visitation and other information supplied by an applicant or person otherwise engaging in an activity covered under this chapter, do not indicate the presence of any critical areas associated with the proposed activity, the review required pursuant to this chapter is complete.
E. If at any time prior to completion of the public input process for the proposed activity, the Director receives evidence that critical areas may be associated with the proposed activity, the Director shall reopen the critical areas review process pursuant to this chapter and shall require the requisite level of critical areas review and mitigation required by this chapter. Once the public input process is completed and the record is closed, then the City’s determination regarding critical areas pursuant to this chapter shall be final, unless appealed as described in section 13-3-8 of this title and pursuant to Section 11-2C-14 of Title 11, Unified Development, of the Long Beach City Code.
F. If the checklist, maps, site visitation, or other references indicate that critical areas are associated with the proposed activity, then a critical areas report shall be completed.
G. If, as a result of the critical areas report recommendations, a person believes that he or she is entitled to a variance from one or more of the requirements of this chapter, then a person may request a variance as described in this chapter.
H. If, as a result of the critical areas report recommendations, a person believes requirements of this chapter, including any request for a variance, leave the applicant with no economically reasonable use of his property, then a person may apply for a reasonable use exception pursuant to this chapter. (Ord. 985, 10-5-2020)