Article 10 Coastal Development Permits

"Coastal Dependent Development or Use"

For the purposes of this article, certain words and terms used in this article are construed and defined as follows:

"Appealable area"

means:

All areas between the sea and the first public road paralleling the sea or within 300 feet of the inland extent of any beach or the mean high tide line of the sea where there is no beach, whichever is the greater distance.

All tidelands, submerged lands, public trust lands, areas within 100 feet of any wetland, estuary, or stream and all areas within 300 feet of the top of the seaward face of any coastal bluff.

All sensitive coastal resource areas.

"Applicant"

means any person, firm, association, organization, partnership, business, trust, corporation, limited liability company, district, county, city and county, city, town, the state, and any of the agencies and political subdivisions of those entities, and, to the extent permitted by federal law, the United States, or any of its agencies or political subdivisions, applying for a Coastal Development Permit.

"Approve" or "approval"

means any form of the word "approve" as applied to permits and includes conditional approvals, more commonly known as "Approval with Conditions."

"Beaches"

— For purposes of determining the precise boundaries of the jurisdictional areas pursuant to Section 13577 of the California Code of Regulations, the term "beach" shall be determined by measuring 300 feet landward from the inland extent of the beach. The back beach, or dry beach, if it exists, shall be included. The inland extent of the beach shall be determined as follows:

from a distinct linear feature (e.g., a seawall, road, or bluff, etc.);

from the inland edge of the further inland beach berm as determined from historical surveys, aerial photographs, and other records or geological evidence; or

where a beach berm does not exist, from the further point separating the dynamic portion of the beach from the inland area as distinguished by vegetation, debris or other geological or historical evidence.

"Bluff edge"

means, for coastal and canyon bluffs, the upper termination of a bluff, cliff, or seacliff. In cases where the top edge of the cliff is rounded away from the face of the cliff as a result of erosional processes related to the presence of the steep cliff, the bluff edge shall be defined as that point nearest the cliff beyond which the downward gradient of the surface increases more or less continuously until it reaches the general gradient of the cliff. In a case where there is a steplike feature at the top of the cliff face, the landward edge of the topmost riser shall be taken to be the bluff edge. Where a coastal bluff curves landward to become a canyon bluff, the termini of the coastal bluff edge shall be defined as a point reached by bisecting the angle formed by a line coinciding with the general trend of the coastal bluff along the seaward face of the bluff, and a line coinciding with the general trend of the bluff line along the canyon facing portion of the bluff. Five hundred feet shall be the minimum length of bluff line or edge to be used in making these determinations.

"Coastal Act"

means Division 20 of the California Public Resources Code.

"Coastal Commission"

means the California Coastal Commission.

means any development or use which requires a site on, or adjacent to, the sea in order to be able to function at all.

"Coastal Development Permit"

means a permit issued by the City of Redondo Beach pursuant to its delegated authority under Section 30519 of the Coastal Act and the 2003 resolution of the Coastal Commission certifying the Redondo Beach Local Coastal Program, approving development in the Coastal Zone. A Coastal Development Permit includes all application materials, plans and conditions on which the approval is based.

"Coastal Zone"

means that portion of the "coastal zone," as established by the Coastal Act of 1976 (Section 30103) and as it may subsequently be amended, that lies within Area One of the City of Redondo Beach, as indicated on the map in Section 10-5.2202 of this article.

"Community Development Director"

means the Community Development Director of the City of Redondo Beach, including designated deputies unless otherwise indicated.

"Decision-making body"

means the Planning Commission, Harbor Commission, City Council, or a City officer having jurisdiction for approving an application for a Coastal Development Permit.

"Development"

means on land, in or under water, the placement or erection of any solid material or structure; discharge or disposal of any materials, including any gaseous, liquid, solid, or thermal waste; grading, removing, dredging, mining, or extraction of any materials; change in the density or intensity of use of land, including, but not limited to, subdivision pursuant to the Subdivision Map Act (commencing with Section 66410 of the Government Code), and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition, or alteration of the size of any structure, including any facility of any private, public, or municipal utility; and the removal or harvesting of major vegetation other than for agricultural purposes, kelp harvesting and timber operations. As used in this section, "structure" includes, but is not limited to, any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line. This definition is recognized to include all condominium conversion, stock cooperative conversion, or motel-hotel timesharing conversion. It is also recognized to include changes to public rights-of-way in the coastal zone, including, but not limited to, changes in parking controls (including the establishment or revision to preferential parking zones pursuant to Article 17, Chapter 7, Title 3, of the Redondo Beach Municipal Code), new locations for parking meter areas, changes in fee structure for parking meters, and changes to bikeways.

"Disaster"

means any situation in which the force(s) that destroyed a structure were beyond the control of its owners.

"Emergency"

means a sudden unexpected occurrence demanding immediate action to prevent or mitigate loss or damage to life, health, property or essential public services.

"Energy Facility"

means any public or private processing, producing, generating, storing, transmitting, or recovering facility for electricity, natural gas, petroleum, coal, or other source of energy.

"Environmentally Sensitive Habitat Area" (or "ESHA")

means any area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and developments.

"Estuaries"

— The precise boundaries of the jurisdictional areas described by the term "estuary" shall be determined by measuring 300 feet landward from the mean high tide line of the estuary. An estuary shall be defined as a coastal water body, usually semi-enclosed by land, having open, partially obstructed, or intermittent exchange with the open ocean, and in which ocean water is at least occasionally diluted by freshwater from the land. The salinity level may be periodically increased to above that of the open ocean due to evaporation. The mean high tide line shall be defined as the statistical mean of all the high tides over the cyclical period of 18.6 years, and shall be determined by reference to the records and elevations of tidal benchmarks established by the National Ocean Survey. In areas where observations covering a period of 18.6 years are not available, a determination may be made based on observations covering a shorter period, provided they are corrected to a mean value by comparison with observations made at some suitably located control tide station.

"Executive Director"

means the Executive Director of the Coastal Commission.

"First Public Road Paralleling the Sea"

means that road which is nearest the sea, as defined in this section, and which meets all of the following criteria:

The road is lawfully open to, and suitable for, uninterrupted use by the public;

The road is maintained by a public agency;

The road contains an improved all-weather surface open to motor vehicle traffic in at least one direction;

The road is not subject to any restrictions on use by the public except during an emergency or for military purposes; and

The road connects with other public roads providing a continuous access system and generally parallels and follows the shoreline of the sea so as to include all portions of the sea where the physical features such as bays, lagoons, estuaries and wetlands cause the waters of the sea to extend landward of the generally continuous coastline.

"Local Coastal Program"

means the City's Coastal Land Use Plan, Zoning Ordinance, Zoning District Map, and other implementation actions certified by the Coastal Commission as meeting the requirements of the California Coastal Act of 1976. This includes all of Chapter 5 of Title 10 and Chapter 7 of Title 5 of the Redondo Beach Municipal Code.

"Major energy facility"

means any public or private processing, producing, generating, storing, transmitting, or recovering facility for electricity, natural gas, petroleum, coal or other source of energy which exceeds $100,000.00 in its estimated costs of construction with an automatic increase in accordance with the Engineering News Record Construction Cost Index, except for those governed by the provisions of Public Resources Code Sections 30610, 30610.5, 30611 or 30624.

"Major public works project"

means a public works project that exceeds $100,000.00 in its estimated cost of construction with an automatic increase in accordance with the Engineering News Record Construction Cost Index, except for those governed by the provisions of Public Resources Code Section 30610, 30610.5, 30611 or 30624. Notwithstanding the above, "major public works project" also means publicly financed recreational facilities that serve, affect, or otherwise impact regional or statewide use of the coast by increasing or decreasing public recreational opportunities or facilities. "Public works" means the following:

All production, storage, transmission, and recovery facilities for water, sewerage, telephone, and other similar utilities owned or operated by any public agency or by any utility subject to the jurisdiction of the Public Utilities Commission, except for energy facilities.

All public transportation facilities, including, streets, roads, highways, public parking lots and structures, ports, harbors, airports, railroads, and mass transit facilities and stations, bridges, trolley wires, and other related facilities.

All publicly financed recreational facilities, all projects of the State Coastal Conservancy, and any development by a special district.

All community college facilities.

"Mean high tide line"

shall be: (a) defined as the statistical mean of all the high tides over the cyclical period of 18.6 years, and shall be determined by reference to the records and elevations of tidal benchmarks established by the National Ocean Survey. In areas where observations covering a period of 18.6 years are not available, a determination may be made based on observations covering a shorter period, provided they are corrected to a mean value by comparison with observations made at some suitably located control tide station; or (b) the line legally adjudicated by the California Legislature.

"Other permits and approvals"

means permits and approvals, other than a Coastal Development Permit, required by the City of Redondo Beach Zoning Ordinance or Municipal Code before a development may proceed.

"Permittee"

means the person, partnership, corporation, agency, or other entity that has applied for a Coastal Development Permit and had its application approved (whether conditionally or unconditionally), and any successor-in-interest to that applicant with respect to that approved permit. The term applies whether that permit has been issued or not.

"Person"

means any individual, organization, partnership, limited liability company, or other business association or corporation, including any utility, and any federal, state, local government, or special district or an agency thereof.

"Project"

means "development" as defined in this article.

"Sea"

means the Pacific Ocean and all harbors, bays, channels, estuaries, salt marshes, sloughs, and other areas subject to tidal action through any connection with the Pacific Ocean excluding non-estuarine rivers, streams, tributaries, creeks, and flood control and drainage channels.

"Sensitive coastal resource areas"

means those identifiable and geographically bounded land and water areas within the Coastal Zone of vital interest and sensitivity, including:

Special marine and land habitat areas, wetlands, lagoons, and estuaries as mapped and designated in Part 4 of the California Coastal Zone Conservation Plan prepared and adopted by the California Coastal Zone Conservation Commission and submitted to the Governor and the Legislature on December 1, 1975, pursuant to the California Coastal Zone Conservation Act of 1972 (commencing with Section 27000);

Areas possessing significant recreational value;

Highly scenic areas;

Archaeological sites referenced in the California Coastline and Recreation Plan or as designated by the State Historic Preservation Officer;

Special communities or neighborhoods that are significant visitor destination areas;

Areas that provide existing coastal housing or recreational opportunities for low- and moderate-income persons;

Areas where divisions of land could substantially impair or restrict coastal access.

"Streams"

— The precise boundaries of the jurisdictional areas described by the term "stream" shall be determined by measuring 100 feet landward from the top of the bank of any stream mapped by the USGS on the 7.5 minute quadrangle series, or identified in a local coastal program. The bank of a stream shall be defined as the watershed and relatively permanent elevation or acclivity at the outer line of the stream channel which separates the bed from the adjacent upland, whether valley or hill, and serves to confine the water within the bed and to preserve the course of the stream. In areas where a stream has no discernable bank, the boundary shall be measured from the line closest to the stream where riparian vegetation is permanently established. For purposes of this section, channelized streams not having significant habitat value should not be considered.

"Submerged lands"

shall mean all lands that lie below the line of mean low tide.

"Temporary event"

is an activity or use that constitutes development as defined in Section 30106 of the Coastal Act and does not exceed a two week period on a continual basis, or does not exceed a consecutive four month period on an intermittent basis; and involves the placement of non-permanent structures; and/or involves exclusive use of a sandy beach, park, filled tidelands, water, streets or parking area that is otherwise open and available for general public use.

"Non-permanent structures" include, but are not limited to, film sets and equipment, bleachers, perimeter fencing, vendor tents/canopies, judging stands, trailers, portable toilets, sound/video equipment, stages, platforms, etc., that do not involve grading or landform alteration for installation.

"Exclusive use" means a use that precludes use in the area of the event for public recreation, beach access or access to coastal waters other than for or through the event itself.

"Tidelands"

shall mean all lands which are located between the lines of mean high tide and mean low tide.

"Wetlands"

— The precise boundaries of the jurisdictional areas described by the term "wetland" shall be determined by measuring as follows:

Measure 100 feet landward from the upland limit of the wetland. Wetland shall be defined as land where the water table is at, near, or above the land surface long enough to promote the formation of hydric soils or to support the growth of hydrophytes, and shall also include those types of wetlands where vegetation is lacking and soil is poorly developed or absent as a result of frequent and drastic fluctuations of surface water levels, wave action, water flow, turbidity or high concentrations of salts or other substances in the substrate. Such wetlands can be recognized by the presence of surface water or saturated substrate at some time during each year and their location within, or adjacent to, vegetated wetlands or deep-water habitats. For purposes of this section, the upland limit of a wetland shall be defined as:

The boundary between land with predominantly hydrophytic cover and land with predominantly mesophytic or xerophytic cover;

The boundary between soil that is predominantly hydric and soil that is predominantly non-hydric; or

In the case of wetlands without vegetation or soils, the boundary between land that is flooded or saturated at some time during years of normal precipitation, and land that is not.

For the purposes of this section, the term "wetland" shall not include wetland habitat created by the presence of and associated with agricultural ponds and reservoirs where:

The pond or reservoir was in fact constructed by a farmer or rancher for agricultural purposes; and

There is no evidence (e.g., aerial photographs, historical survey, etc.) showing that wetland habitat pre-dated the existence of the pond or reservoir. Areas with drained hydric soils that are no longer capable of supporting hydrophytes shall not be considered wetlands.

(§ 1, Ord. 2905 c.s., eff. August 5, 2003, as amended by § 1, Ord. 3107 c.s., eff. February 8, 2013)

§ 10-5.2206 Coastal Development Permits.

Coastal Development Permit required. Except as provided by Section 10-5.2208, any person, as defined in California Public Resources Code Section 21066, wishing to undertake any development in the Coastal Zone, other than a facility subject to California Public Resources Code Section 25500, shall obtain a Coastal Development Permit in accordance with the provisions of this article, in addition to any other permit required by law. Development undertaken pursuant to a Coastal Development Permit shall conform to the plans, specifications, terms and conditions approved or imposed in granting the permit.

Determination of exemption or categorical exclusion. Any person, as defined in California Public Resources Code Section 21066, wishing to undertake any development in the Coastal Zone without a permit, pursuant to an exemption or a categorical exclusion listed in Section 10-5.2208 of this article (other than exemptions under Section 2208(a)(6)), shall submit an application for an exemption or a categorical exclusion. A determination of whether a development is exempt or categorically excluded from the Coastal Development Permit requirements shall be made by the Community Development Director at the time an application for an exemption or categorical exclusion is submitted for development within the Coastal Zone. Any dispute arising from the Community Development Director's determination shall be resolved pursuant to the procedure described in Section 10-5.2214(c). No such development shall occur unless either: (1) the Community Development Director determines that the development is exempt or categorically excluded, and that determination is not disputed; or (2) the dispute resolution process in Section 10-5.2214(c) results in such a conclusion; or (3) a Coastal Development Permit is obtained in accordance with subsection (a) of this section.

Existing Coastal Development Permits or applications in process. The following shall apply to existing applications for Coastal Development Permits or existing Coastal Development Permits:

Development authorized by a permit issued by the Coastal Commission shall remain under the jurisdiction of the Coastal Commission for the purposes of compliance with, or extension, reconsideration or revocation of, the permit. Permit amendments shall remain under the Commission's jurisdiction if a proposed amendment would modify any condition of approval of the permit or impact any aspect of the project that was found necessary to mitigate impacts to coastal resources.

Any proposed development that the City preliminarily approved before effective certification of the Local Coastal Program and for which an application for a Coastal Development Permit has not been accepted as complete by the Coastal Commission, shall be re-submitted to the City for processing an application for a Coastal Development Permit pursuant to the requirements of this article.

Any proposed development that the City preliminarily approved before effective certification of the Local Coastal Program and for which an application for a Coastal Development Permit has been accepted as complete by the Coastal Commission may, at the option of the applicant, remain with the Coastal Commission for processing, or be returned to the City for review.

§ 10-5.2208 Exemptions and categorical exclusions.

Modifications to unpermitted development. Development that occurred after the effective date of the Coastal Act or, if applicable, its predecessor, the Coastal Zone Conservation Act, that was not authorized in a Coastal Development Permit or otherwise authorized under the relevant Act, is not lawfully established or lawfully authorized development. No applications for improvements, repair, modification or additions to such existing development may be accepted, unless the applicant simultaneously applies for a Coastal Development Permit that authorizes the existing development. The City shall not approve the application for new development unless it also approves the application for existing development. The Coastal Development Permit shall only be approved if the existing and proposed development, with any applicable conditions of approval, is consistent with the policies and standards of the Local Coastal Program.

(§ 1, Ord. 2905 c.s., eff. August 5, 2003, as amended by § 1, Ord. 3107 c.s., eff. February 8, 2013)

Exemptions. The projects listed below shall be exempt from the requirement for a Coastal Development Permit. Requirements for any other permit are unaffected by this section:

Improvements to existing single-family residences. Improvements to existing single-family residences including: (a) all fixtures and other exterior structures directly attached to the residence; (b) ancillary structures normally associated with a single-family residence such as garages, swimming pools, fences, storage sheds; (c) landscaping; and (d) accessory dwelling units, including JADUs, contained entirely within existing living area of the existing single-family dwelling unit that will not involve removal or replacement of major structural components (e.g., roofs, exterior walls, or foundations), shall be exempt from the requirement for a Coastal Development Permit with the exception of the following:

Improvements resulting in additional dwelling unit(s) on the property, whether detached or attached, except for accessory dwelling units as referenced in subsection (1)(d) above.

Improvements to any structure where either the structure or the improvement is located on a beach, in a wetland or stream, or where the structure or proposed improvements would encroach seaward of the mean high tide line, within an ESHA or, in an area designated as highly scenic in a certified land use plan, or within 50 feet of a coastal bluff edge.

Improvements on property that is located between the sea and first public road paralleling the sea, or within 300 feet of the inland extent of any beach or of the mean high tide of the sea where there is no beach, whichever is the greater distance, or in significant scenic resources areas as designated by the commission, when such improvements would constitute or result in any of the following:

An increase of 10% or more of the internal floor area of existing structure(s) on the building site or an additional improvement of 10% or less where an improvement to the structure has previously been undertaken pursuant to Public Resources Code Section 30610(a) and/or this subsection;

The construction of an additional story or loft or increase in building height of more than 10%;

The construction, placement or establishment of any significant detached structure such as a garage, fence, shoreline protective works or docks.

Expansion or construction of a water well or septic system.

In areas that the Coastal Commission has declared by resolution after a public hearing to have a critically short water supply that must be maintained for the protection of coastal resources or public recreational use, the construction of any specified major water using development not essential to residential use such as, but not limited to, swimming pools or the construction or extension of any landscaping irrigation system.

Any improvement where the Coastal Development Permit issued for the original structure indicates that future additions would require a Coastal Development Permit.

Any significant alteration of land forms including removal or placement of vegetation on a beach, wetland, or sand dune, or within 50 feet of the edge of a coastal bluff or stream, in an ESHA, or in areas of natural vegetation designated by resolution of the Coastal Commission after a public hearing as a significant natural habitat.

Improvements to existing structures other than single-family residences and public works facilities. Improvements to existing structures, (including all fixtures and other structures directly attached to the existing structure and landscaping), other than a single-family residence or public works facilities, shall be exempt from the requirement for a Coastal Development Permit provided the project does not involve:

Any improvement to a structure that changes the intensity of use of the structure;

Any improvement made pursuant to conversion of an existing structure from a multiple-unit rental use or a visitor serving commercial rental use to a use involving a fee ownership, or long term leasehold, including, but not limited to, a condominium conversion, stock cooperative conversion, or motel/hotel timesharing conversion;

Improvements to any structure located on a beach, seaward of the mean high tide line, in a wetland, stream or lake, in an area designated as highly scenic in a certified land use plan, or where the structure or proposed improvements would encroach within 50 feet of a coastal bluff edge.

Improvements on property that is located between the sea and first public road paralleling the sea, or within 300 feet of the inland extent of any beach or of the mean high tide of the sea where there is no beach, whichever is the greater distance, or in significant scenic resources areas as designated by the Coastal Commission or regional commission, when such improvements would constitute or result in any of the following:

An increase of 10% or more of the internal floor area of existing structure(s) on the building site or that constitutes an additional improvement of 10% or less where an improvement to the structure has previously been undertaken pursuant to Public Resources Code Section 30610(b) and/or this subsection, or an additional increase in floor area bringing the aggregate increase to 10% or more;

The construction of an additional story or loft or increase in building height of more than 10%;

The construction, placement or establishment of any significant detached structure such as a garage, fence, shoreline protective works or docks.

Expansion or construction of a water well or septic system.

Any improvement where the Coastal Development Permit issued for the original structure indicates that future improvements would require a Coastal Development Permit.

Any significant alteration of land forms including removal or placement of vegetation on a beach, wetland, or sand dune, or within 100 feet of the edge of a coastal bluff or stream, or in areas of natural vegetation designated by resolution of the Coastal Commission after a public hearing as a significant natural habitat, in a highly scenic area, or in an environmentally sensitive habitat area.

Repair and maintenance activities. Repair or maintenance activities that do not result in an addition, enlargement or expansion shall be exempt from the requirement for a Coastal Development Permit with the exception of the following:

Repair or maintenance of a seawall revetment, bluff retaining wall, breakwater, groin, culvert, outfall or similar shoreline work that involves:

Substantial alteration of the foundation, including pilings and other surface and/or subsurface structures.

The placement, whether temporary or permanent, of rip-rap, or artificial berms of sand, or any other form of solid material on a beach, or in coastal waters, streams, wetlands, estuaries, or on shoreline protective works.

The replacement of 20% or more of the materials of an existing structure with materials of a different kind.

The presence, whether temporary or permanent, of mechanized construction equipment or materials on any sand area, bluff, or environmentally sensitive habitat area, or within 20 feet of coastal waters or streams.

Unless destroyed by natural disaster, the replacement of 50% or more of a residential structure, sea wall, revetment, bluff retaining wall, breakwater, groin, or similar protective work, or any other structure under one ownership.

Any method of routine maintenance dredging that involves the dredging of 100,000 cubic yards or more within a 12 month period; or in the placement of dredge spoils of any quantity within an environmentally sensitive habitat area, or any sand area, within 50 feet of the edge of a coastal bluff or environmentally sensitive habitat area, or within (20) twenty feet of coastal waters or streams; or the removal, sale, or disposal of dredged spoils of any quantity that would be suitable for beach nourishment in an area the Coastal Commission has declared by resolution to have a critically short sand supply that must be maintained for protection of structures, coastal access, or public recreational use.

Any repair or maintenance to facilities or structures or work located in an environmentally sensitive habitat area, any sand area, within 50 feet of the edge of a coastal bluff or environmentally sensitive habitat area; or within 20 feet of any coastal waters and streams that includes:

The placement or removal, whether temporary or permanent, of rip-rap, rocks, sand or other beach materials or any other forms of solid materials;

The presence, whether temporary or permanent, of mechanized equipment or construction materials.

Notwithstanding the above provisions, the Community Development Director shall have the discretion to exempt from this section ongoing routine repair and maintenance activities of local governments, State agencies, and public utilities involving shoreline works protecting transportation roadways.

Utility connection. The installation, testing, placement in service or the replacement of any necessary utility connection between an existing service facility and any development approved pursuant to this article shall be exempt from the requirement for a Coastal Development Permit.

Replacement of structures following disaster. The replacement of any structure, other than a public works facility, destroyed by natural disaster shall be exempt from the requirement for a Coastal Development Permit provided such replacement structure conforms to applicable existing zoning requirements; is designed and intended for the same use as the destroyed structure; does not exceed either the floor area, height or bulk of the destroyed structure by more than 10%; and, is sited in the same location on the affected property as the destroyed structure. As used in this section, "structure" includes landscaping and any erosion control structure or device which is similar to that which existed prior to the occurrence of the disaster, and "bulk" means total interior cubic volume as measured from the exterior surface of the structure.

Public agency/utility emergency projects. The following emergency projects performed by a public agency shall be exempt from the requirement for a Coastal Development Permit. Notwithstanding this exemption, notification by the agency or public utility performing any of the following emergency projects shall be made to the City within 14 days from the date of the commencement of the project.

Immediate emergency work necessary to protect life or property or immediate emergency repairs to public service facilities necessary to maintain service as a result of a disaster in a disaster-stricken area in which a state of emergency has been proclaimed by the Governor pursuant to Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code.

Emergency projects undertaken, carried out, or approved by a public agency to maintain, repair, or restore an existing highway, as defined in Section 360 of the Vehicle Code, except for a highway designated as an official state scenic highway pursuant to Section 262 of the Streets and Highways Code, within the existing right-of-way of the highway, damaged as a result of fire, flood, storm, earthquake, land subsidence, gradual earth movement, or landslide, within one year of the damage. This paragraph does not exempt any project undertaken, carried out, or approved by a public agency to expand or widen a highway damaged by fire, flood, storm, earthquake, land subsidence, gradual earth movement, or landslide from the requirement to obtain a Coastal Development Permit from the City.

Temporary events. Temporary events shall be exempt from Coastal Development Permit requirements, except as provided below.

A Coastal Development Permit is required for temporary events meeting all the following criteria:

It is held between Memorial Day weekend and Labor Day; and

It occupies all or a portion of a sandy beach area; and

It involves a charge for general public admission or seating where no fee is currently charged for the use of the same area.

Notwithstanding subsection (a) of this subsection, the Community Development Director may also exclude from permit requirements temporary events meeting all of the above criteria when:

The fee is for preferred seating only and more than 75% of the provided seating capacity is available free of charge for general public use; or

The event is less than 24 hours in duration; or

The event has previously received a Coastal Development Permit and will be held in the same location, at a similar season, and for the same duration, with operating and environmental conditions substantially the same as those associated with the previously approved event.

Notwithstanding the above, a Coastal Development Permit may be required for any temporary event if the Community Development Director, or the City Council through direction to the Community Development Director, determines that unique or changing circumstances exist relative to a particular temporary event that have the potential for significant adverse impacts on coastal resources. Such circumstances may include the following:

The event, either individually or together with other temporary events scheduled before or after the particular event, precludes the general public from use of a public recreational area for a significant period of time;

The event and its associated activities or access requirements will either directly or indirectly impact environmentally sensitive habitat areas, rare or endangered species, significant scenic resources, or other coastal resources;

The event is scheduled between Memorial Day weekend and Labor Day and would restrict public use of roadways or parking areas or otherwise significantly impact public use or access to coastal waters;

The event has historically required a Coastal Development Permit to address and monitor associated impacts to coastal resources.

Temporary events requiring a Coastal Development Permit shall not be subject to the requirements for a Temporary Use Permit pursuant to Section 10-5.2520 of the Zoning Ordinance.

Signs associated with exempt temporary events. Any temporary signs associated with any temporary event shall be consistent with provisions of Article 6 of this chapter.

§ 10-5.2210 Coastal Development Permit application.

Categorical exclusions. The Coastal Development Permit requirements pursuant to this article shall not apply to development projects that, due to the nature of the work and/or the location, constitute a type of development covered by any categorical exclusion adopted by the Coastal Commission after certification of this Local Coastal Program pursuant to Section 30610(e) or 30610.5 of the Public Resources Code and Subchapter 4 or 5 of Chapter 6 of Division 5.5. of Title 14 of the California Code of Regulations (Sections 13215-235 and 240-249). Records of such categorical exclusions shall be kept on file with the Community Development Department.

(§ 1, Ord. 2905 c.s., eff. August 5, 2003, as amended by § 1, Ord. 3107 c.s., eff. February 8, 2013, § 1, Ord. 3108 c.s., eff. February 8, 2013, § 5, Ord. 3187 c.s., eff. May 16, 2019, and § 8, Ord. 3242 c.s., eff. October 19, 2022)

Application.

The applicant shall file with the Community Development Department a completed application for a Coastal Development Permit in a form provided by the Community Development Department. Except as provided in Stormwater and Urban Runoff Pollution Control Regulations Chapter 7, Title 5 of the Redondo Beach Municipal Code, the application shall be made concurrently with or following application for any other permits or approvals required for the project by the City of Redondo Beach Municipal Code.

The owner of record of the lot or parcel of property which is to be affected by the application shall file an affidavit authorizing the application on a form provided by the Community Development Department.

Upon the filing of an application, the applicant shall pay a fee, as set forth by resolution of the City Council.

To the maximum extent feasible, functionally related developments to be performed by the same applicant shall be the subject of a single permit application. The Community Development Director shall not accept for filing a second application for development which is the subject of a permit application already pending before the City. This section shall not limit the right of an applicant to amend a pending application.

Contents of application. In addition to the application and fee, a site plan, floor plan, and elevations of the project drawn to scale and dimensioned shall be submitted which include the following information as applicable:

Existing topography and proposed grading;

Existing trees with a trunk diameter of six inches or greater;

All buildings and structures, and the uses within each room;

Improvements in the public right-of-way, including location of sidewalk, parkway, curb, gutter, street width to centerline, and dedications;

Exterior lighting;

Easements;

Off-street parking areas, including the stall striping, aisles, and driveways;

(8)

The lot dimensions;

(9)

Setbacks and spaces between buildings;

(10)

Walls, fences, and landscaping and their location, height, and materials;

(11)

Landscaping areas;

(12)

Trash and recycling facilities;

(13)

The architectural elevations of all sides of all structures depicting design, color, materials, textures, ornaments, or other architectural features;

(14)

The location, dimensions, and design of all signs;

(15)

A section of the building as it relates to the existing topography and proposed grading where the slope of the site is greater than four feet;

(16)

Proof of ownership;

(17)

Preliminary approvals by City, State and Federal agencies;

(18)

Drainage and erosion control plans reviewed and approved by the City Engineer pursuant to Chapter 7 of Title 5 of the Redondo Beach Municipal Code;

(19)

Such other data as may be required to demonstrate that the project is consistent with the findings required for approval pursuant to Section 10-5.2218.

Following submittal of an application, the Community Development Department shall review the application for completeness. Within 30 calendar days from submittal, the Community Development Department shall notify the applicant in writing of which parts, if any, of the application are incomplete and describe the specific materials needed to complete the application. Not later than 30 days after receipt of the requested materials, the Community Development Department shall determine whether the submittal of the requested materials is complete and transmit that determination to the applicant. If no determination of completeness is provided to the applicant within 30 days of submittal, the application will be deemed complete. Any application for a Coastal Development Permit shall not be determined to be complete and shall not be filed until and unless the applicable requirements of Section 10-5.2210 of this article have been met. Until such application is determined to be complete by the Community Development Department, no action other than that described in this subsection shall be taken by the Community Development Department.

Concurrent processing. To the extent possible, action on a Coastal Development Permit application shall be taken concurrently with action on any other permits or approvals required for the project by the City.

(§ 1, Ord. 2905 c.s., eff. August 5, 2003, as amended by § 1, Ord. 3107 c.s., eff. February 8, 2013, and § 1, Ord. 3108 c.s., eff. February 8, 2013)

§ 10-5.2212 Jurisdiction.

All Coastal Development Permit applications for projects undertaken on any tidelands, submerged lands, or on public trust lands within the coastal zone (or within any port covered by Chapter 8 of the Coastal Act or any state university or college) shall, pursuant to State of California Public Resources Code Section 30519, be referred to the Coastal Commission for consideration. However, if this certified Local Coastal Program includes specific development plans for a port or harbor district or authority, the City shall retain jurisdiction over development proposed or undertaken by such district or authority on lands or waters granted to the City by the Legislature. Similarly, the City shall retain jurisdiction over development proposed on any lands that are subject to the public trust but which the Coastal Commission, after consultation with the State Lands Commission, has determined are: (1) filled and developed; and (2) located within an area which is committed to urban uses.

Except where the Coastal Commission retains jurisdiction, the City Council shall consider all Coastal Development Permit applications seeking authorization for transportation improvements, public works projects, temporary events, or other projects on public property that is not zoned (i.e., not subject to this Zoning Ordinance — Chapter 5 of Title 10 of the Redondo Beach Municipal Code).

The Planning Commission (or Harbor Commission for projects in the Harbor-Pier area as defined in Section 10-5.2512) shall have jurisdiction over, and shall consider, any Coastal Development Permit application that meets all of the following requirements:

The Coastal Commission does not retain jurisdiction over the application,

The City Council does not consider the application pursuant to subsection (b) of this section, and

The application requests authorization for a project that either:

Requires discretionary approval at a public hearing before the same commission, or

Falls within the appealable area, as defined in Section 10-5.2204(a)(1) of this article.

The Community Development Director shall consider all other Coastal Development Permits not subject to the jurisdiction of the Coastal Commission, Planning Commission, Harbor Commission, or City Council pursuant to subsections (a), (b), and (c) of this section.

§ 10-5.2214 Determination of project category.

Permit amendments previously approved by the Coastal Commission shall remain under the Commission's jurisdiction if a proposed amendment would modify any condition of approval of the permit or impact any aspect of the project that was found necessary to mitigate impacts to coastal resources.

(§ 1, Ord. 2905 c.s., eff. August 5, 2003, as amended by § 1, Ord. 3107 c.s., eff. February 8, 2013)

Determination by Community Development Director. At the time an application for development (including both applications for Coastal Development Permits pursuant to Section 2210(a) and an application for an exemption or a categorical exclusion pursuant to Section 2206(b)) is submitted, the Community Development Director shall determine the applicable project category as listed below, and inform the applicant (or party requesting a determination that its proposal is exempt or categorically excluded) and the Coastal Commission of the applicable category, and inform the applicant (or party requesting a determination that its proposal is exempt or categorically excluded) of the notice and hearing requirements for that particular category of development:

The project is within an area where the Coastal Commission continues to exercise permit jurisdiction pursuant to State of California Public Resources Code Section 30519 and thus the applicant (or party requesting a determination that its proposal is exempt or categorically excluded) must obtain a Coastal Development Permit directly from the Coastal Commission;

The project requires a Coastal Development Permit from the City and the decision of the City will be appealable to the Coastal Commission if the decision is an approval;

The project involves a major public works or major energy facility, so the decision of the City will be appealable to the Coastal Commission regardless of the nature of the decision;

The project: (i) requires a Coastal Development Permit from the City, (ii) is a "minor project" that is eligible for a waiver of pubic hearing requirements as described in Section 10-5.2217 of this article, and (iii) either: (A) the decision of the City will not be appealable to the Coastal Commission, or (B) will only be appealable if a public hearing is requested on this application and the proposal is approved for projects that are located in the appealable area;

The project requires a Coastal Development Permit from the City and the decision of the City is non-appealable to the Coastal Commission;

The project is categorically excluded or exempt and does not require a Coastal Development Permit pursuant to this article. This determination shall be made with reference to the certified Local Coastal Program, including any maps, categorical exclusions, land use designations and zoning ordinances which are adopted as part of the Local Coastal Program.

Record of permit exemptions/categorically excluded development. The Community Development Director shall maintain a record of all those developments within the Coastal Zone that have been found to be exempt from the requirement for a Coastal Development Permit pursuant to this chapter or categorically excluded. This record shall be available for review by members of the public and representatives of the Coastal Commission. The Record of Exemption shall include the name of the applicant (or party requesting a determination that its proposal is exempt or categorically excluded), the location of the project, and a brief description of the project.

Dispute procedure. Where an applicant (or party requesting a determination that its proposal is exempt or categorically excluded), interested person, or a local government has a question as to the appropriate project category for the development, the following procedures shall establish whether a development is exempt, categorically excluded, non-appealable or appealable:

If the determination of the Community Development Director is challenged by the applicant (or party requesting a determination that its proposal is exempt or categorically excluded) or an interested person, or if the local government wishes to have the Coastal Commission determine the appropriate designation, the local government shall notify the Coastal Commission by telephone of the dispute/question and shall request the Executive Director's review pursuant to Section 13569 of Title 14 of the California Code of Regulations.

(§ 1, Ord. 2905 c.s., eff. August 5, 2003, as amended by § 1, Ord. 3107 c.s., eff. February 8, 2013)

§ 10-5.2216 Notice and public hearing.

Notice of impending action. Notice of impending action on an application for a Coastal Development Permit by, and (where applicable) public hearing before the decision-making body having jurisdiction over that application pursuant to Section 10-5.2212 of this article shall be given as follows:

By publication at least once in a weekly newspaper of general circulation in the City not less than 10 calendar days prior to the date of the public hearing or administrative decision;

By mailing a written notice thereof, not less than ten calendar (10) days prior to the date of such hearing or administrative decision, sent by first class mail, with postage prepaid, using the addresses from the last adopted tax roll, if available to:

Each applicant and the owner(s) of the subject property(ies),

All owners of properties and residents within 100 feet of the exterior boundary of the subject property or properties excluding roads,

The California Coastal Commission,

Public agencies that, in the judgement of the Community Development Director, have an interest in the project,

Any person who has requested to be notified of such project or of coastal decisions within the local jurisdiction generally; and

By posting such notice in at least one prominent place on or about each parcel which is the subject of the proposed action, or upon utility poles or sticks along or about the street-front property line of such parcel. In the event more than one parcel is the subject of such hearing, and such parcels comprise 200 or more feet of street frontage, at least one such notice shall be posted on or about the street-front property line at intervals of not less than 200 feet, starting at either end of the subject properties where the property line intersects the street-front property line.

Content of notice of public hearing. The content of the notice of public hearing for a Coastal Development Permit may be combined with notice for other applications to be considered concurrently by the decision-making body. The notice of public hearing for a Coastal Development Permit shall contain the following information:

A statement that the development is within the Coastal Zone;

The date of filing of the application and the name of the applicant;

The file number assigned to the application;

A description of the development and its proposed location;

The date, time, and place at which the application will be heard;

A brief description of the general procedure concerning the conduct of hearing and local actions, including information on the deadline for submitting written comment and who to submit written comment to;

A statement as to whether the final City action on the application will be appealable to the Coastal Commission;

(8)

Where the action of the decision-making body is appealable within the City's system, the system for appeals to the City Council including any local fees required, and for appeals from there to the Coastal Commission, where applicable. The notice shall also explain that if the City action may be appealable to the Coastal Commission, and a fee is required to file an appeal at the local level, the local appeal may be bypassed and the action appealed directly to the Coastal Commission; and

(9)

Where the decision-making body is the City Council, information on whether the decision is appealable to the Coastal Commission, including the system for such appeals.

Conduct of hearing. Except as provided in Section 10-5.2217 of this article, the decision-making body having jurisdiction over an application for a Coastal Development Permit pursuant to Section 10-5.2212 of this article shall hold a public hearing to review and consider the application.

A public hearing on a Coastal Development Permit may be held concurrently with any other public hearing relating to other permits or approvals required by the project.

All interested persons shall be given a reasonable opportunity to appear before and present their viewpoints to the decision-making body holding the public hearing. This opportunity must include the opportunity to inform the decision-making body of the nature of their concerns regarding the project. Any person may submit written comments to the decision-making body on an application for a Coastal Development Permit, or on an appeal of a Coastal Development Permit, at any time prior to the close of the public hearing. Written comments shall be submitted to the decision-making body who shall make them available to the applicant.

Continuation of hearing. A public hearing for a Coastal Development Permit may be continued without new public notice to another day if continued to a date certain and that date is announced at the hearing. If the public hearing is continued to a date uncertain, or the date to which it is continued is not announced at the originally-noticed hearing, notice of the continued public hearing shall be provided in accordance with Section 10-5.2216.

Content of notice of an impending administrative action on a Coastal Development Permit application for which no public hearing is scheduled. For Coastal Development Permit applications for minor development, as defined in Section 10-5.2217(a), where the City has determined that it is appropriate to waive the requirement for a public hearing pursuant to Section 10-5.2217, the notice of such public hearing waiver and the availability of a public hearing shall be given as specified in Section 10-5.2216(a)(1) through (3) and shall contain all of the information required in Section 10-5.2216(b)(1) through (5). In addition, the notice of waiver of public hearing for the pending application shall contain the following:

A statement that a public hearing will be held upon the written request of any person provided that such written request is received by the Community Development Director within 15 working days from the date of sending the notice.

§ 10-5.2217 Public hearing waiver for minor development.

For proposed development within the appealable area, a statement that failure by a person to submit a written request for a public hearing may result in the loss of that person's ability to appeal to the Coastal Commission any action taken by the City on a coastal development permit application in this matter.

(§ 1, Ord. 2905 c.s., eff. August 5, 2003, as amended by § 1, Ord. 3107 c.s., eff. February 8, 2013)

Consistent with the provisions of A.B. 1303 (from 1995) which became effective January 1, 1996 and A.B. 2299 and SB 1069 (from 2016), which became effective January 1, 2017, the City may waive a public hearing on a Coastal Development Permit for applications for:

A minor development that satisfies the requirements of subsection (c) and all of the following requirements:

The development is consistent with the City of Redondo Beach Certified Local Coastal Program;

The development requires no discretionary approvals other than a Coastal Development Permit;

The development has no adverse effect either individually or cumulatively on coastal resources or public access to the shoreline or along the coast.

An accessory dwelling unit that is not otherwise exempt from a Coastal Development Permit in accordance with Section 10-5.2208 and that satisfies the requirements of subsection (c) and all of the following requirements:

The accessory dwelling unit is directly attached to, or detached from, an existing single-family residence and complies with the development standards required in Section 10-5.1506;

The accessory dwelling unit has no potential to adversely impact coastal resources pursuant to Chapter 3 policies of the Coastal Act;

The accessory dwelling unit is consistent with the City of Redondo Beach Certified Local Coastal Program; and

The accessory dwelling unit has no adverse effect either individually or cumulatively on coastal resources or public access to the shoreline or along the coast.

The City may waive the requirement for a public hearing on a Coastal Development Permit application for a "minor development or an accessory dwelling unit if all of the following occur:

Notice as provided in Section 10-5.2216(e) of this article is sent to all persons required to be notified under Section 10-5.2216 as well as to all other persons known to be interested in receiving notice.

No request for public hearing is received by the City within 15 working days after the date of sending the notice pursuant to subsection (b)(1) of this section.

§ 10-5.2218 Decision on application for a Coastal Development Permit.

Requests for hearing must be made in writing to the City Community Development Department. Upon receipt of a request for a hearing, the City shall schedule the matter for a public hearing and issue notice of such hearing consistent with the provisions of Section 10-5.2216(a) and (b) of this article.

(§ 1, Ord. 2905 c.s., eff. August 5, 2003, as amended by § 1, Ord. 3108 c.s., eff. February 8, 2013, § 5, Ord. 3187 c.s., eff. May 16, 2019, and § 8, Ord. 3242 c.s., eff. October 19, 2022)

Criteria. Approval, conditional approval, or denial of any Coastal Development Permit by the City of Redondo Beach shall be based upon compliance with the provisions of the certified Redondo Beach Local Coastal Program and consistency with the policies of the Coastal Act.

Findings. All decisions on the Coastal Development Permit shall be accompanied by specific findings, including the factual basis for any legal conclusion, in a separate written document, as specified below.

Findings for approval. An application for a Coastal Development Permit shall not be approved unless, based on the evidence, the decision-making body makes all of the following findings, in addition to the findings required to approve other applications being considered concurrently:

That the proposed development is in conformity with the Certified Local Coastal Program.

That the proposed development, if located between the sea (or the shoreline of any body of water located within the coastal zone) and the first public road paralleling the sea, is in conformity with the public access and public recreation policies of Chapter 3 of Division 20 of the Public Resources Code (commencing with Section 30200).

That the decision-making body has complied with any CEQA responsibilities it may have in connection with the project, and that, in approving the proposed development, the decision-making body is not violating any CEQA prohibition that may exist on approval of projects for which there is a less environmentally damaging alternative or a feasible mitigation measure available.

Findings for denial. An application for a Coastal Development Permit shall not be denied unless, based on the evidence, the decision-making body makes one or more of the following findings:

That the proposed development is not in conformity with the Certified Local Coastal Program;

That the proposed development, if located between the sea (or the shoreline of any body of water located within the coastal zone) and the first public road paralleling the sea, is not in conformity with the public access and public recreation policies of Chapter 3 of Division 20 of the Public Resources Code (commencing with Section 30200);

That there are feasible alternatives available, and/or feasible mitigation measures beyond that which the City can appropriately impose as permit conditions, that, if implemented, would render the project equally or more compatible with LUP policies and that would also substantially reduce one or more significant adverse effects that the project would have on the environment, either as proposed or as it could reasonably be conditioned.

Conditions of approval. The decision-making body may impose conditions as necessary to enable the required findings of fact to be fairly made and/or to be sustained in their validity. Such conditions may include, but need not be limited to, provision for public access and open space or conservation easements; requirements to control storm water runoff and minimize hazards from wave uprush and from geologic hazards consistent with the Coastal Land Use Plan; and the relocation and/or redesign of proposed site improvements. When required by the decision-making body, the landowner shall record with the Office of the Los Angeles County Recorder an affidavit accepting and agreeing to implement all conditions of permit approval, which shall run with the land, binding all successors to said conditions of approval.

(f)

Failure to decide—Approval by operation of law.

Notification by applicant. If the decision-making body fails to act on an application within the time limits set forth in Government Code Sections 65950 through 65957.1, thereby approving the development by operation of law, the person claiming a right to proceed pursuant to Government Code Sections 65950 through 65957.1 shall notify, in writing, the Community Development Director and the Commission of his or her claim that the development has been approved by operation of law. Such notice shall specify the application which is claimed to be approved.

§ 10-5.2220 Notice of final decision by the City of Redondo Beach.

Notification by Community Development Director. When the Community Development Director determines that the time limits established pursuant to Government Code Sections 65950 through 65957.1 have expired, the Community Development Director shall, within seven calendar days of such determination, notify every person entitled to receive notice pursuant to Section 10-5.2220 that the application has been approved by operation of law pursuant to Government Code Sections 65950 through 65957.1 and, if appealable, that the application may be appealed to the Coastal Commission pursuant to Section 10-5.2222.

(§ 1, Ord. 2905 c.s., eff. August 5, 2003, as amended by § 1, Ord. 3107 c.s., eff. February 8, 2013)

Notice of decision. Within seven calendar days of a decision by the final decision-making body within the City's review system to which the matter has been taken to approve or deny a Coastal Development Permit, in compliance with Section 10-5.2218, the Community Development Director shall provide notice of such decision by first class mail to the applicant, property owner and to any person who specifically requested notice of such decision by submitting a self-addressed stamped envelope to the Community Development Department. The Community Development Department shall also send notice to the Coastal Commission by certified mail.

Content of notice. The notice of decision shall contain the following information:

Project description and location;

Special Conditions imposed, if any;

Written findings for the decision as specified in Section 10-5.2218.

Appeal procedure as specified in Section 10-5.2224.

(§ 1, Ord. 2905 c.s., eff. August 5, 2003, as amended by § 1, Ord. 3107 c.s., eff. February 8, 2013, and § 1, Ord. 3108 c.s., eff. February 8, 2013)

§ 10-5.2222 Appeals.

Appeal of decision of the Community Development Director. If the Community Development Director has jurisdiction over a Coastal Development Permit application pursuant to Section 10-5.2212(d) of this article, and the decision of the Community Development Director is appealable within the City system ("locally appealable"), pursuant to City law, that decision shall be appealable to the Planning Commission and no further. Accordingly, such decisions shall not be appealable to the Coastal Commission. If the Community Development Director has jurisdiction over a Coastal Development Permit application pursuant to Section 10-5.2212(d) of this article, and the decision of the Community Development Director is not locally appealable, pursuant to City law, that decision cannot be appealed directly to the Coastal Commission either.

Appeal of decision of the Planning Commission (or Harbor Commission) to the City Council. Decisions made by the Planning Commission on appeals from decisions by the Community Development Director shall not be further appealable. However, all other decisions by the Planning Commission (or Harbor Commission where it has jurisdiction) are appealable to the City Council. Decisions by the Planning Commission (or Harbor Commission where it has jurisdiction) for the approval or denial of an application for a Coastal Development Permit shall be final and conclusive unless, by 5:00 p.m. of the tenth (10th) day following such decision (or of the next working day if the tenth (10th) day falls on a weekend or holiday):

A written appeal on the form designated by the City is filed by any interested party with the City Clerk requesting a public hearing before the City Council stating the specific grounds for the appeal which shall be limited to those stated in subsection (c) of this section below, and all required fees for said appeal are paid in full, as limited by subsection (d) of this section; or

The Mayor or a member of the City Council requests a public hearing before the City Council stating the grounds for the appeal. Provided, however, that the City Council member or Mayor requesting the appeal shall disqualify him or herself from hearing the appeal unless he or she can certify in writing that the appeal is being requested as a result of public interest in the decision to be reviewed and he or she has no predisposition against or in favor of the project. The City Council as a whole shall be prohibited from voting to appeal any matter in which they will sit as the reviewing body.

Such appeal, or City Council request for a public hearing, shall be set for a public hearing by the City Clerk in a timely fashion.

Appeal of decision of the City Council to the Coastal Commission.

Exhaustion of Local Appeals. An appellant must exhaust all local appeals under the City's appeal procedure (by pursuing his or her appeal before all appropriate local appellate bodies pursuant to this section) prior to filing an appeal to the Coastal Commission.

Decisions appealable to the Coastal Commission. A decision of the City Council on an application for a Coastal Development Permit is not appealable to the Coastal Commission unless it constitutes any of the following, in which case it is appealable to the Coastal Commission:

Approval of a development project located within any appealable area, as defined in Section 10-5.2204(a)(1). When a decision of the City Council on an application for a Coastal Development Permit is appealable pursuant to this subsection based on a road that qualifies as the "first public road paralleling the sea" pursuant to the definition in Section 10-5.2204 of this article, the precise boundary of the permit and appeal jurisdiction shall be located along the inland right-of-way of such road.

Approval or denial of a development that constitutes a major public works project or a major energy facility.

Appellants. Where a decision is appealable to the Coastal Commission, an appeal may be made by:

The applicant or anyone who has pursued his or her appeal to the local appellate body (bodies) pursuant to the local government appeal procedures.

Any two members of the Coastal Commission.

Filing of an appeal to the Coastal Commission. All appeals must be received by the Coastal Commission's South Coast District Office within 10 working days of the date on which the Coastal Commission received the "notice of decision" specified in Section 10-5.2220 of this article. An appellant may contact the Coastal Commission for the appropriate forms and instructions to file an appeal. An appeal must contain the following information:

The name and address of the permit applicant and appellant;

The date of the local government action;

A description of the development;

The name of the governing body having jurisdiction over the project area;

The names and addresses of all persons who submitted written comments or who spoke and left his or her name at any public hearing on the project, where such information is available;

The names and addresses of all other persons known by the appellant to have an interest in the matter on appeal;

The specific grounds for appeal which shall be limited to those stated in subsection (d) of this section below;

A statement of facts on which the appeal is based;

A summary of the significant question raised by the appeal.

Notification by appellant of an appeal to the Coastal Commission. The appellant shall notify the applicant, any persons known to be interested in the application, and the City of Redondo Beach of the filing of the appeal. Notification shall be by delivering a copy of the completed Notice of Appeal to the domicile(s), office(s), or mailing address(es) of said parties. In any event, such notification shall be by such means as may reasonably advise said parties of the pendency of the appeal. Unwarranted failure to perform such notification may be grounds for dismissal of the appeal by the Coastal Commission (14 Cal. Code of Regulations/13111).

Grounds for appeal.

The grounds for appeal of a decision by the City of Redondo Beach approving a Coastal Development Permit shall be limited to an allegation that the decision is not in conformity with the Certified Local Coastal Program, or the public access policies of the Coastal Act. The appeal shall include a statement of facts on which the appeal is based and specify which provisions of the Local Coastal Program or which public access policies the decision does not conform to.

The grounds for appeal of a decision by the City of Redondo Beach denying a Coastal Development Permit for a major public works facility or a major energy facility, as defined in Section 10-5.2204, shall be limited to the allegation that the development conforms to the standards set forth in the certified local coastal program and the public access policies set forth in Chapter Three of the Coastal Act. The appeal shall include a statement of facts on which the appeal is based and specify the basis for challenging the findings of the decision-making body.

Appeals fee. Notwithstanding any other provision of the Redondo Beach Municipal Code, no appeals fee shall be required for the filing or processing of an appeal, within the city system, of any decision that may eventually be appealable to the Coastal Commission pursuant to Section 10-5.2222(b)(2) of this article.

(f)

Effect of appeal to the Coastal Commission. Upon receipt in the Coastal Commission office of a timely appeal by a qualified appellant on a decision that is appealable because it is either a Major Public Works project or Major Energy facility or it is located in the appealable area, pursuant to Section 10-5.2222(c)(2), the operation and effect of the City's action, and of the Coastal Development Permit, shall be stayed pending a Coastal Commission decision on the appeal. Upon receipt of a Notice of Appeal, the City shall refrain from issuing a development permit for the proposed development and shall, within five working days, deliver to the executive director all relevant documents and materials used by the local government in its consideration of the Coastal Development Permit application.

(g)

Effect of the lack of an appeal to the Coastal Commission. Any decision listed in Section 10-5.2222(b)(2) of this article shall become final and effective after the 10 working day appeal period to the Coastal Commission has expired unless either of the following occur:

An appeal is filed in accordance with Section 10-5.2222(b)(4) of this article, or

§ 10-5.2223 Condition compliance and permit issuance.

The "notice of decision" specified in Section 10-5.2220 of this article does not meet the requirements of Section 13571 of Title 14 of the California Code of Regulations, including because it mischaracterizes the appealability of the City's action. Regardless of whether an appeal is submitted, the local government's action shall become final if an appeal fee is imposed pursuant to subdivision (d) of Section 30620 of the Coastal Act, and that fee is not deposited with the Coastal Commission within the time prescribed.

(§ 1, Ord. 2905 c.s., eff. August 5, 2003, as amended by § 1, Ord. 3107 c.s., eff. February 8, 2013)

All Coastal Development Permits subject to conditions of approval pertaining to public access and open space or conservation easements shall be handled in a manner consistent with the procedures outlined in Section 13574 of Title 14 of the California Code of Regulations, including the submission of all legal documents specified in the conditions of approval, prior to the issuance of the permit, for review and approval by the Executive Director.

(§ 1, Ord. 2905 c.s., eff. August 5, 2003)

§ 10-5.2224 Expiration of unused permits.

Permit expiration. A Coastal Development Permit shall expire on the latest expiration date applicable to any other permit or approval required for the project, including any extension granted for other permits or approvals. Should the project not require City permits or approvals other than a Coastal Development Permit, the Coastal Development Permit shall expire two years from its date of approval if the project has not been commenced during that time. The decision-making body may grant a reasonable extension of time for due cause. Application for and action on an extension shall be accomplished in the same manner specified by this article for initial approval of Coastal Development Permit except as modified below.

Application for extension of permit. Any request for a time extension to prevent permit expiration shall be made in writing by the applicant or authorized agent prior to expiration of the two year period. Application for and action on an extension shall be accomplished in the same manner specified by this article for initial approval of a Coastal Development Permit except as modified below. The submittal of an application to extend a permit's expiration date automatically extends the expiration date of the permit until the decision making body acts on that request.

Immaterial extension of permit. If the Community Development Director determines that a request for an extension of the expiration date on an unexpired permit is consistent with the certified Land Use Plan, and that there are no changed circumstances or new information that could affect the City's conclusion regarding the development's consistency with the certified Land Use Plan or with the public access policies of the Coastal Act, notice of such determination and of the procedures set forth in this section shall be posted on the property and provided by first class mail to all those known by the Community Development Director to be interested in the matter. The matter, along with the Community Development Director's determination, shall be reported to the decision-making body that approved the original permit at its next regular meeting.

If no objection to the extension of the permit is received within 10 working days of the mailing of the notice, and no member of the decision-making body requests a hearing on the matter when it receives the report on the matter, the permit shall be extended for one year.

If there is an objection, and the Community Development Director considers that there is an issue concerning the matter's conformance with the Local Coastal Program or the public access policies of the Coastal Act, the matter shall be processed as indicated in subsections (a) and (b).

If there is an objection but the Community Development Director continues to believe that the matter is consistent with the Local Coastal Plan and the public access policies of the Coastal Act, and that there are no changed circumstances or new information as indicated above, he or she shall report the objection to the decision-making body along with the text of the objection received. If two or more members of the decision-making body do not concur that a new hearing is needed the matter is extended. If two or more members of the decision-making body request a hearing, the matter shall be noticed and set for hearing and action on the extension request shall be accomplished in the same manner as specified as indicated in subsection (a).

Grounds for denial. It shall be a legitimate basis for denial that changed circumstances have rendered exercise of the approval as originally granted infeasible or inimical to the health, safety and welfare of the community.

(§ 1, Ord. 2905 c.s., eff. August 5, 2003, as amended by § 1, Ord. 3107 c.s., eff. February 8, 2013)

§ 10-5.2225 Reconsideration.

The applicant of record may request any decision-making body that has acted on its application for a Coastal Development Permit to grant reconsideration of the denial of that application or, if the application was approved, of any term or condition of the Coastal Development Permit that was granted. This request shall be in writing and shall be received by the decision-making body within 30 days of the final vote.

Grounds for reconsideration. The basis of the request for reconsideration shall be either that there is relevant new evidence which, in the exercise of reasonable diligence, could not have been presented at the hearing on the matter or that an error of fact or law has occurred which has the potential of altering the initial decision.

The decision-making body shall have the discretion to grant or deny requests for reconsideration.

A decision to deny a request for reconsideration is not subject to appeal.

This section shall not alter any right otherwise provided by this article to appeal an action; provided, that a request for reconsideration shall be made only once for any one development application, and shall, for purposes of any applicable time limits for action on an application, be considered a new application.

(f)

The decision-making body shall schedule a hearing on the reconsideration request at the next regularly scheduled meeting or as soon as practicable after the decision-making body distributes notice of the hearing consistent with the provisions of Section 10-5.2216. The request for reconsideration shall be reported to the decision-making body with a preliminary recommendation on the grounds for reconsideration.

(g)

The applicant and all aggrieved parties to the original final decision shall be afforded a reasonable time to address the merits of the request.

(h)

If reconsideration is granted, the application shall be processed as a new application, in a separate action, in accordance with applicable sections of this article. However, no new fee shall be charged to process the new application.

(§ 1, Ord. 2905 c.s., eff. August 5, 2003)

§ 10-5.2226 Permit amendment.

The decision making body that approved a permit may approve an amendment to the permit if the amendment does not lessen the intended effect of the permit or if it is based on newly discovered material information that could not, with reasonable diligence, have been discovered and presented prior to the original action.

Upon application by the permittee, for an amendment to its permit, the Community Development Director shall determine whether the proposed amendment meets the above criteria, and if it does not meet those criteria, it shall be rejected. If the Community Development Director rejects an application for an amendment, the applicant may ask the decision making body that approved the underlying permit to determine whether the Community Development Director's determination is incorrect and the application for amendment should be accepted.

Application for and action on an amendment shall be accomplished in the same manner specified by this article for initial approval of a Coastal Development Permit, except as otherwise provided in this section. All procedures for notice and hearing indicated in other sections of this article shall apply to permit amendments in the same manner in which they apply to initial permit applications.

Immaterial amendment of the permit. If, after accepting a request to amend a Coastal Development Permit, the Community Development Director determines that the amendment request: (1) does not have the potential for adverse impacts on coastal resources or public access; and (2) is consistent with the certified Local Coastal Program, the request may be determined to be immaterial. Notice of such determination, including a description of the proposed amendments and summary of the procedures set forth in this section, shall be posted at the project site and mailed to all persons the Community Development Director has reason to believe may be interested in the application.

If no written objection to a notice of immaterial amendment is received at the Community Development Department offices within 10 working days of mailing notice, the determination of immateriality shall be conclusive and the amendment shall be approved.

If a written objection to notice of an immaterial amendment is received within 10 working days of mailing notice, and the Community Development Director determines that the objection does not raise an issue of conformity with the certified Land Use Plan, or, if applicable, the public access policies of the Coastal Act, the immaterial amendment shall not be effective until the amendment and objection are reported to the decision-making body that approved the underlying permit at its next regularly scheduled meeting. The Community Development Director shall include a copy of the letter(s) of objection with the report to the decision-making body. If any two members of the decision-making body object to the Community Development Director's designation of immateriality, the amendment application shall be referred to the decision-making body for action in the same manner specified by this article for initial approval of a Coastal Development Permit. Otherwise, the immaterial amendment shall become effective.

§ 10-5.2228 Emergency Coastal Development Permit.

If a written objection to the notice of an immaterial amendment is received within 10 working days of mailing notice, and the Community Development Director determines that the objection does raise an issue of conformity with the local coastal program or, if applicable, with the public access policies of the Coastal Act, the immaterial amendment application shall be referred to the decision-making body for action as set forth in subsection (b) above.

(§ 1, Ord. 2905 c.s., eff. August 5, 2003, as amended by § 1, Ord. 3107 c.s., eff. February 8, 2013, and § 1, Ord. 3108 c.s., eff. February 8, 2013)

In the event of an emergency as defined in Section 10-5.2204, temporary emergency authorization to proceed with remedial measures may be given by the Community Development Director until such time as a full Coastal Development Permit application shall be filed.

Application. Application shall be made to the Community Development Director by letter if time allows, or in person or by telephone, if time does not allow. The information, to be reported at the time of the emergency or within three days after the emergency, shall include the following:

Nature of the emergency;

Cause of the emergency, insofar as this can be established;

Location of the emergency;

The remedial, protective, or preventative work required to deal with the emergency;

The circumstances during the emergency that appeared to justify the cause(s) of action taken, including the probable consequences of failing to take action.

Limitations. The Community Development Director shall not grant an emergency Coastal Development Permit for any development that falls within an area in which the Coastal Commission retains direct permit review authority. In such areas and for such developments, a request for an emergency authorization must be made to the Coastal Commission.

In addition, a waiver from coastal development permit requirements may be obtained from the Coastal Commission Executive Director for development that is required to protect life or public property in accordance with Section 30611 of the Coastal Act.

Notice. The Community Development Director shall provide notice of the proposed emergency action. The extent and type of the notice shall be determined on the basis of the nature of the emergency. If the nature of the emergency does not allow sufficient time for public notice to be given before the emergency work begins, the Community Development Director shall provide public notice of the action taken, or being taken, as soon as is practical. Public notice of the nature of the emergency and the remedial actions to be taken shall be posted on the site in a conspicuous place and mailed to all persons the Community Development Director has reason to know would be interested in such action and to the Coastal Commission.

Findings and conditions. The Community Development Director may grant an emergency Coastal Development Permit upon reasonable terms and conditions, which shall include an expiration date, the necessity for a regular permit application later, and the requirement that the permittee apply for a Coastal Development Permit pursuant to Section 10-5.2210 for the removal of work authorized by the Emergency Permit if the retention of the work is denied in the follow-up regular permit application, if the Community Development Director finds that:

An emergency exists that requires action more quickly than permitted by the procedures for a Coastal Development Permit and the work can and will be completed within 30 days unless otherwise specified by the terms of the permit.

Public comment on the proposed emergency action has been reviewed, if time allows.

The work proposed is consistent with the requirements of the Certified Local Coastal Program.

The work proposed is the minimum action necessary to address the emergency and, to the maximum extent feasible, is the least environmentally damaging temporary alternative for addressing the emergency.

Contents of Emergency Permit. The Emergency Permit shall be a written document that includes the following information:

The date of issuance;

An expiration date;

The scope of work to be performed;

Terms and conditions of the permit;

A provision stating that within 60 days of issuance of the Emergency Permit, a regular Coastal Development Permit application shall be submitted and properly filed consistent with the requirements of this chapter;

A provision stating that any development or structures constructed pursuant to an Emergency Permit shall be considered temporary until authorized by a follow-up regular Coastal Development Permit and that issuance of an emergency Coastal Development Permit shall not constitute an entitlement to the erection of permanent development or structures;

A provision that states that: The development authorized in the Emergency Permit must be removed unless a complete application for a regular Coastal Development Permit is filed within 60 days of approval of the Emergency Permit and said regular permit is approved. If a regular Coastal Development Permit authorizing permanent retention of the development is denied, then the development that was authorized in the Emergency Permit, or the denied portion of the development, must be removed. Such removal, however, shall be pursuant to a separate permit.

Expiration of the Emergency Permit. An Emergency Permit shall be valid for 60 days from the date of issuance by the Community Development Director unless extended by submittal of a follow up application. Within 60 days of issuance of an Emergency Permit, the permittee must submit a follow-up regular Coastal Development Permit application for the development even if only to remove the development undertaken pursuant to the Emergency Permit and restore the site to its previous condition.

Report to City Council and Coastal Commission. The Community Development Director shall report in writing and orally, the granting of an Emergency Permit to the City Council at its next scheduled meeting, and to the Coastal Commission Executive Director. The report shall include a description of the nature of the emergency, the development involved and the person or entity undertaking the development. Copies of the report shall be available at the meeting and shall be mailed to the Coastal Commission and to all persons requesting such notification of local coastal development decisions.

(§ 1, Ord. 2905 c.s., eff. August 5, 2003, as amended by § 1, Ord. 3107 c.s., eff. February 8, 2013)

§ 10-5.2230 Reapplication.

No application for the granting of a Coastal Development Permit which has been denied shall be filed earlier than one year after the date such denial becomes effective, unless the request for reapplication reflects a major change in circumstances and specific permission to do so has been granted by the City Council.

(§ 1, Ord. 2905 c.s., eff. August 5, 2003)

§ 10-5.2232 Revocation.

Grounds for revocation. The City may initiate revocation proceedings to revoke a Coastal Development Permit based upon the receipt of credible evidence indicating one or more of the following:

That the approval was obtained by fraud or misrepresentation;

That exercise of the approval violates any State, Federal or local statute or regulation;

That exercise of the rights under the approval is detrimental to the health, safety and welfare of the community;

That exercise of the rights under the approval constitutes a nuisance.

At any hearing on revocation or modification the permittee and any other person whose property rights are affected by revocation, modification, or continuance of the exercise of rights under the approval, shall have the right to produce any arguments and introduce any evidence in support of their position.

Temporary suspension. Where, prior to holding a public hearing, the Community Development Director makes a preliminary determination that grounds exist for revocation of a Coastal Development Permit, the operation of the permit shall be reviewed and be automatically suspended if it is a threat to public health and safety. The Director shall advise the applicant in writing that any development undertaken during suspension of the permit may be in violation of the California Coastal Act.

§ 10-5.2238 Local Coastal Program amendments.

Notice and public hearing. After notice to the applicant and public hearing as prescribed in Section 10-5.2216, the Planning Commission (or Harbor Commission where applicable), subject to appeal to the City Council, may revoke or modify any Coastal Development Permit based on findings of any grounds for revocation as listed in subsection (a) of this section.

(§ 1, Ord. 2905 c.s., eff. August 5, 2003, as amended by § 1, Ord. 3107 c.s., eff. February 8, 2013)

§ 10-5.2234 Enforcement.

In addition to the provisions contained in this article, the provisions of Chapter 9 of Division 20 of the Public Resources Code shall also apply with respect to Judicial Review, Enforcement (including issuance of Administrative orders) and Penalties.

(§ 1, Ord. 2905 c.s., eff. August 5, 2003)

§ 10-5.2236 Change of ownership.

A Coastal Development Permit that is valid and in effect, and was granted pursuant to the provisions of this article shall adhere to the land and continue to be valid upon change of ownership of the land or any existing building or structure on said land.

(§ 1, Ord. 2905 c.s., eff. August 5, 2003)

Amendments to the Coastal Land Use Plan. Amendments to the Coastal Land Use Plan (LUP) shall be subject to the procedures of Section 10-5.2505 of the Zoning Ordinance for the Coastal Zone.

Amendments to the Zoning Ordinance for the Coastal Zone. Amendments to the Zoning Ordinance for the Coastal Zone shall be subject to the procedures of Section 10-5.2504.