Notwithstanding such other approvals as may be required in Chapters 19.81 through 19.86 of this Title, no project involving development or repair and maintenance activity, as described in Section 19.87.240 of this Chapter, shall be undertaken within the coastal zone until a Coastal Development permit has been obtained or the development has been determined to be exempt, under State law and under the approved Local Coastal Plan, from that requirement. No land use permit for a development requiring a permit hereunder shall be deemed filed until an application for a Coastal Development Permit has been completed by supplying all requested information and has been accepted for filing.
(Ord. 94-884; Ord. 601 § 1, 1983)
The applicant shall file with the community development department
a verified application, in the form as shall be prescribed by the
community development department stating the particular request and
the reasons therefor. No application shall be deemed to have been
filed until the applicant has been notified that the applicant has
completed his application by supplying requested supplemental information
sufficient to enable the city to evaluate the development as required
by law. The applicant shall be the owner of record or his designated
agent of property which is to be affected by the application.
A.
Upon
the filing of the application, the applicant shall pay a fee, as set
forth by resolution of the city council, applicable to the particular
type of application.
B.
Each
application so filed shall be numbered consecutively in the order
of filing and shall become a part of the permanent official records
of the city of Imperial Beach. There shall be attached to each application,
and permanently filed therewith, copies of all notices and memoranda
of actions taken thereon, with the certificates or affidavits of posting,
mailing or publication pertaining thereto.
(Ord. 94-884; Ord. 601 § 1, 1983)
The following projects are exempt from the requirements of a
Coastal Development Permit:
A.
Improvements
to existing single-family residences, except where:
1.
The
residence or proposed improvement would encroach within fifty feet
of the edge of a coastal bluff;
2.
On
property located between the sea and the first public road paralleling
the sea or within three hundred feet of the inland extent of any beach
or of the mean high tide line of the sea where there is no beach,
whichever is the greater distance, any improvement to an existing
single-family residential building that would result in an increase
of ten percent or more of internal floor area of an existing structure
or an additional improvement of ten percent or less where an improvement
to the structure has previously been undertaken pursuant to Public
Resources Code Section 30610 (a) or an increase in height by ten percent
or more of an existing structure and/or any significant non-attached
structure such as garages, fences, shoreline protective works or docks;
and
B.
Improvements
to existing structures other than a single-family residence or public
works facility, except where:
1.
The
structure or improvement would encroach within fifty feet of the edge
of the coastal bluff;
2.
On
property located between the sea and the first public road paralleling
the sea or within three hundred 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, an improvement to an existing structure other
than a single-family residence or public works facility that would
result in an increase of ten percent or more of an internal floor
area of an existing structure, or constitute additional improvement
of ten percent or less where an improvement to the structure had previously
been undertaken pursuant to Public Resources Code Section 30610 (b),
and/or an increase in height by ten percent or more of an existing
structure;
C.
1.
All
appurtenances and other structures, including decks, directly attached
to the structure;
2.
For
residential uses, structures on the property normally associated with
residences, such as garages, swimming pools, fences and storage sheds;
but not including guest houses or self-contained residential units.
NOTE: "Guest house" as used in this section means any accessory structure
having a floor area of more than four hundred square feet, or any
accessory structure which contains plumbing;
3.
Landscaping
on the lot;
4.
Additions
resulting in an increase of less than ten percent of the internal
floor area of an existing structure;
E.
Activities
of public utilities as specified in the repair, maintenance and utility
hook-up exclusion adopted by the coastal commission, September 5,
1978, and as modified from time to time; and
F.
All
development categorically excluded from a coastal development permit
by state law (including Public Resources Code Section 30610(e)).
(Ord. 601 § 1, 1983; Ord. 94-884, 1994)
The proposed development shall be permitted if found to satisfy
the following criteria:
A.
The
proposed development conforms to the certified local coastal plan
including coastal land use policies;
B.
For
all development seaward of the nearest public highway to the shoreline;
the proposed development meets standards for public access and recreation
of Chapter 3 of the 1976 Coastal Act and regulations promulgated thereunder;
C.
The proposed development meets minimum criteria set forth in Sections 19.81.060, 19.82.050., 19.83.120., 19.84.050., and 19.86.100., of this title for site plans, conditional use permits, design review, variances, zoning classification and rezonings; and
D.
For
all development involving the construction of a shoreline protective
device, a mitigation fee shall be collected which shall be used for
each sand replenishment purposes. The mitigation fee shall be deposited
in an interestbearing account designated by the Executive Director
of the California Coastal Commission and the city manager of Imperial
Beach in lieu of providing sand to replace the sand a beach area that
would be lost due to the impacts of any proposed protective structure.
1.
The
methodology used to determine the appropriate mitigation fee shall
be:
M = Vt x C where
M = Mitigation fee
Vt = Total volume of sand required to
replace losses due to the structure, through loss of available beach
area (cubic yards). Derived from calculations provided below.
C = Cost, per cubic yard of sand, of purchasing and transporting
beach quality material to the project vicinity ($ per cubic yard).
Derived from the average of three written estimates from sand supply
companies within the project vicinity that would be capable of transporting
beach quality material to the subject beach, and placing it on the
beach or in the near shore area.
Vt = Ve where
Ve= Volume of sand necessary to replace
the area of beach lost due to encroachment by the seawall; based on
the seawall design and beach and near shore profiles (cubic yards)
Ve = E x W x v where
E = Encroachment by seawall, measured from the toe of the bluff
or back beach (ft.)
W = Wide of property to be armored (ft.)
v = Volume of material required, per unit width of beach; to
replace or reestablish one foot of beach seaward of the seawall; based
on the vertical distance from the top of the beach berm to the seaward
limit of reversible sediment movement (cubic yards/ft of width and
ft. of retreat). The value of v is often taken to be 1 cubic yard
per square foot of beach. In the report, "Oceanside Littoral Cell
Preliminary Sediment Budget Report" (December 1987, part of the Coast
of California Storm and Tide Wave Study, Document #87-4), a value
for v of 0.9 cubic yards/square foot was suggested. If a vertical
distance of 40 feet is used for the range of reversible sediment movement,
v would have a value of 1.5 cubic yards/square foot (40 feet x 1 foot
x 1 foot / 27 cubic feet per cubic yard). These different approaches
yield a range of values for v from 0.9 to 1.5 cubic yards per square
foot. The value for v would be valid for a region, and would not vary
from one property to the adjoining one. Until further technical information
is available for a more exact value of v, any value within the range
of 0.9 to 1.5 cubic yards per square foot could be used by the applicant
without additional documentation. Values below or above this range
would require additional technical support.
2.
The
California Coastal Commission and city manager shall be named as joint
trustees of this account, with all interest earned payable to the
account for the purposes stated below.
3.
The
purpose of the account shall be to establish a beach sand replenishment
fund to aid SANDAG, the city or a commission-approved alternate entity,
in the restoration of the beaches within San Diego County. The funds
shall solely be used to implement projects which provide sand to the
region's beaches, not to fund operations, maintenance or planning
studies. The funds shall be released only upon approval of an appropriate
project by the Executive Director of the Coastal Commission and the
city manager of the city. The funds shall be released as provided
for in a memorandum of agreement (MOA) between SANDAG, the city or
a Commission-approved alternate entity, and the Commission, setting
forth terms and conditions to assure that the in-lieu fee will be
expended in the manner intended by Commission. In the event SANDAG
or the city does not enter into a MOA with the commission within one
year from deposition of the initial fee, the commission can appoint
an alternative entity to administer the fund.
(Ord. 601 § 1, 1983; Ord. 94-884; Ord. 94-888 § 4, 1994)
No permit shall be granted except under such conditions as are
necessary to assure the development's continuing compliance with the
criteria for granting a coastal development permit.
(Ord. 601 § 1, 1983; Ord. 94-884, 1994)
All applications shall be set for at least one public hearing
before the planning commission by the community development department.
The date of this hearing shall not be less than ten days nor more
than sixty days from the time of filing of a complete application,
except that a later date may be scheduled on mutual agreement of the
applicant and the community development department.
(Ord. 601 § 1, 1983; Ord. 94-884, 1994)
A permit issued by the city for a development which is categorically
excluded from the coastal development permit requirements (list on
file in the community development department), shall be exempt from
the notice and hearing requirements of this section. The city shall
maintain a record for all permits issued for categorically excluded
developments which shall be made available to the coastal commission
or any interested person upon request. This record may be in the form
of any record of permits issued currently maintained by the city,
provided that such record includes the applicant's name, the location
of the project, and a brief description of the project.
(Ord. 601 § 1, 1983; Ord. 94-884, 1994)
Notice on the first public hearing on a coastal development
permit shall be provided as follows:
A.
By
publication at least once in a daily newspaper of general circulation
in the city not less than ten calendar days prior to the date of the
public hearing;
B.
By
mailing a written notice thereof, not less than ten days prior to
the date of such hearing to the owner of the subject property, to
the owners of properties within three hundred feet of the exterior
boundary of the subject property or properties, to the residents within
one hundred feet of the exterior boundary of the subject property
or properties, to the California Coastal Commission, and to all persons
who have requested to be a mailing list or filed a written request.
Such notices shall be sent by first-class mail, with postage prepaid,
using the addresses from the last equalized tax assessment roll, and
include the following information:
1.
A
statement that the development is in the coastal zone;
2.
The
date of filing and the name of applicant;
3.
The
number assigned to the application;
4.
A
description of development and its proposed location;
5.
The
date the application will be acted upon by the local governing body
or decision maker;
6.
The
general procedure of the local government concerning the conduct of
hearing and local actions, including advisement that persons wishing
to be hearing on such matters may attend and be heard; and
7.
The
system for city and coastal commission appeals, including any city
fee required.
C.
In
certain cases where mailed notice of hearing is deemed to be impractical,
notice may be effected by posting upon the subject property and within
the area of the subject property a notice bearing the same information
as contained in the notice to be mailed. If more than one property
is involved, and posting is done, then notices shall be posted not
more than one hundred feet apart on the side of the street upon which
the property fronts, for a distance of not less than three hundred
feet in each direction from the property. The notice shall be posted
at least ten days prior to the date set for the public hearing and
the community development department shall sign an affidavit of posting
to be held in the record.
D.
Waiver
of Public Hearing Requirements for Appealable "Minor Developments."
1.
In
accordance with Sections 30624.7 and 30624.9 of the Coastal Act (1996),
the public hearing may be waived for certain appealable minor developments
which require regular coastal development permits, subject to compliance
with all of the following requirements and conditions:
a.
The minor development conforms to the certified local coastal plan
including coastal land use policies, as defined in Section 30108.6
of the Coastal Act (1996);
b.
The minor development requires no discretionary approvals other than
a regular coastal development permit;
c.
The minor development has no adverse effect, either individually
or cumulatively, on coastal resources or public access to the shoreline
or along the coast.
d.
No written request for a public hearing is received by the city within
fifteen working days from the date of sending the public notice pursuant
to subsection (D)(2)(a) of this section.
2.
Notice
of intent to issue a regular coastal development permit for minor,
appealable development, shall be in accordance with the following:
a.
Notice of the project shall include a description, location and a
statement that a public hearing will be held upon written request
by any person who would otherwise be required to be notified of a
public hearing as well as any other persons known to be interested
in receiving notice.
b.
The notice provided pursuant to subsection (D)(2)(a) of this section
shall include a statement that failure by a person to request in writing
a public hearing may result in the loss of that person's ability to
appeal to the California Coastal Commission any action taken by the
legislative body on a regular coastal development permit application.
c.
Should a written request for a public hearing be received within
fifteen working days from the date the notice of intent is sent, then
the item will be placed on the next available planning commission
agenda and noticed for a public hearing in accordance with the requirements
established in this Section.
3.
If
a regular coastal development permit is approved by staff without
a public hearing and the project is appealed by members of the coastal
commission, notice of the coastal commissioner's appeal shall be transmitted
to the city council for a decision on the merits of the appeal. The
final action of the coastal commission appeal shall be suspended until
a decision by the city council is provided. If the decision by the
city council modifies or reverses the previous staff decision and
the coastal commission wishes to review the project, members of the
coastal commission shall be required to file a new appeal.
(Ord. 601 § 1, 1983; Ord. 94-884, 1994; Ord. 97-908 § 1, 1997; Ord.
97-916 § 1, 1997)
Notice of developments within the city's coastal zone which
do not require a public hearing under Chapter 19.81., Section 19.81.050.,
(and which are not categorically excluded) shall be provided as follows:
within ten calendar days of accepting an application for a nonappealable
coastal development permit ("administrative permit") or at least seven
calendar days prior to the local decision on the application, the
city shall provide notice, by first-class mail, of pending development
approval. This notice shall be provided to all persons who have requested
to be on the mailing list for that development project or for coastal
decisions within the city, to all property owners and residents within
one hundred feet of the perimeter of the property on which the development
is proposed, and to the coastal commission. The notice shall contain
the following information:
A.
A statement
that the development is in the coastal zone;
B.
The
date of filing and the name of applicant;
C.
The
number assigned to the application;
D.
A description
of development and its proposed location;
E.
The
date the application will be acted upon by local governing body or
decision maker;
F.
The
general procedure of the local government concerning the submission
of public comments either in writing or orally prior to the local
decision;
G.
A statement
that a public comment period of ten calendar days to allow for the
submission of comments by mail will be held prior to the local decision.
(Ord. 601 § 1, 1983; Ord. 94-884)
The determination of whether a development is categorically
excluded, exempt, nonappealable or appealable for purposes of notice,
hearing and appeal procedures shall be made by the city at the time
the application for development within the coastal zone is submitted
and before it is deemed to be filed. This determination shall be made
with reference to the city's 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.
Where an applicant or interested person disputes the designation for
the application or development, the following procedures shall establish
whether a development is categorically excluded, exempt, nonappealable
or appealable:
A.
The
city shall make its determination as to what type of development is
being proposed and shall inform the applicant of the notice and hearing
requirements for that particular development. The city determination
will be made by the community development department.
B.
If
the determination of the city is challenged in writing within five
working days by the applicant or an interested person, the city shall
review its determination under the following procedure:
1.
The
city official who made the determination shall contact the executive
director (or his designee) of the California Coastal Commission of
the application and the dispute and request a review and opinion orally
or in writing within three days.
2.
The
applicant shall be notified by the city of the name and telephone
number of the Coastal Commission Official who is reviewing the application.
The applicant may contact the official orally or in writing to submit
his comments.
3.
If
a challenge is filed, the city shall suspend processing of the application
for ten working days or may suspend processing at the city's discretion
for up to twenty working days to enable the city to receive an opinion
or determination from the coastal commission. After the city reviews
the coastal commission recommendation, the city may reconsider its
first determination. In any event, the applicant and interested parties
shall be notified of the city's determination.
4.
Within
five working days the applicant or interested party may appeal the
city determination to the coastal commission. The city will request
an immediate hearing by the coastal commission. The city shall suspend
processing of the application until the coastal commission concludes
its review or makes a determination and forwards same to the city.
5.
Upon
notice from the coastal commission of its action, the city shall proceed
accordingly in processing the application.
(Ord. 601 § 1, 1983; Ord. 94-884, 1994)
A.
Public
hearings shall be conducted before the planning commission under procedures
used for public hearings for site plan review. The planning commission
may establish additional rules governing coastal development permit
hearings. Any hearing may be continued for further investigation by
staff ordered by the planning commission to enable staff to investigate
facts pertaining to the project or to evaluate conditions which could
be placed on the project to enable it to meet the standards for granting
a permit.
B.
A summary
of all pertinent testimony offered at a public hearing, and the names
of persons so testifying, shall be recorded and made a part of the
permanent files of the case.
C.
If,
for any reason, testimony on any case set for public hearing cannot
be completed on the day set for such hearing, the presiding officer
of the planning commission at such public hearing may, before adjournment
or recess thereof, publicly announce the time and place to and at
which such hearing will be continued, and such announcement shall
serve as sufficient notice of such continuance and without recourse
to the form of public notice as hereinafter provided.
D.
Upon
closing of the public hearing after receiving all testimony and reports
of staff at the public hearing, the planning commission shall, not
later than forty days thereafter, render its decision on the matter
so heard. Failure to so act within said forty days shall constitute
a loss of jurisdiction by the planning commission, and such records
pertaining to the matter shall be forwarded to the city council for
decision. The city council may review the record and make a decision
or may order a new public hearing.
E.
After
a public hearing, the planning commission shall announce and record
its action by formal resolution, and such resolution shall recite
the findings of the planning commission upon which it based its decision.
F.
Not
later than seven days after the final action by the planning commission,
notice of the decision in the matter shall be mailed by first-class
mail to the applicant or applicants at the address shown on the application.
(Ord. 601 § 1, 1983; Ord. 94-884, 1994)
A.
Recommendations
by the planning commission for the approval of amendments to the zoning
ordinance shall be set for public hearing before the city council
not less than ten days and not more than sixty days after the date
of such approval.
B.
Decisions
for the approval of applications for variances and uses permitted
subject to conditional use permit, and decisions for the denial of
any application by the planning commission within the prescribed period,
shall be final and conclusive unless, within ten days of the date
of such decision:
1.
A
written appeal is filed with the city clerk requesting a public hearing
before the city council; or
2.
A
public hearing is requested by the city council. Such application
for an appeal, or city council request for a public hearing, shall
be set for a public hearing before the city council not less than
twelve days nor more than forty days from the receipt of such appeal,
or city council request by the city clerk.
(Ord. 601 § 1, 1983; Ord. 94-884, 1994)
A.
The
planning commission shall transmit to the city council the complete
case file, together with the planning commission recommendation, not
later than ten days after its decision on all applications recommended
for approval and not later than ten days after receipt of a written
appeal by the city clerk on decisions that have been properly appealed.
B.
The
city clerk shall set the time and the place for public hearings before
the city council on applications pursuant to this Section which require
public hearings, and notice of public hearings before the city council
shall be given by publication once in a daily newspaper of general
circulation in the city not less than ten calendar days prior to the
date of the public hearing. The notice shall contain the time and
place for the public hearing and the nature of the request therefor.
(Ord. 601 § 1, 1983; Ord. 94-884, 1994)
A.
The
city's decision on an application for administrative coastal development
permit shall be deemed final when the city's decision on the application
has been made and all required findings have been adopted, including
specific factual findings supporting the legal conclusions that the
proposed development is or is not in conformity with the certified
local coastal program, and when all local rights of appeal have been
exhausted as defined in the California Coastal Commission Local Coastal
program Regulations, Chapter 14 of the California Administrative Code
and amendments thereto.
B.
Within
seven days of a final decision of the City on an application for an
Administrative Coastal Development permit, the City shall provide
notice of its action by first class mail to the applicant or applicants
at the address shown on the application, to the Coastal Commission,
and to any persons submitting a self-addressed stamped envelope to
the City. Such notice shall include conditions of approval and written
findings. (This section shall not apply to categorically excluded
developments).
(Ord. 94-884; Ord. 601 § 1, 1983)
A.
A final
decision of the City on an application for an appealable Coastal Development
Permit shall become effective after the ten working the days appeal
period to the Coastal Commission has expired or after the twenty-first
calendar day following the final local action unless any of the following
occur:
1.
An
appeal is filed in accordance with the California Coastal Commission
Local Coastal Program Regulations, Chapter 14 of the California Administrative
Code; or
2.
The
notice of final City action is not received in the Coastal Commission
office and/or distributed to interested parties in time to allow for
the ten working days appeal period within the twenty-one days after
the local decision.
B.
Where
any of the above circumstances occur, and the Coastal Commission notifies
the City of the acceptance of the appeal by the Coastal Commission,
the City shall take such action as is ordered by the Coastal Commission
pursuant to State law.
(Ord. 94-884; Ord. 601 § 1, 1983)
The following notice procedures shall apply to automatic approvals
due to administrative delays:
A.
Notification
by applicant. If the City has failed 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
69550 through 65857.1 shall notify, in writing, the City and the Coastal
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.
B.
Notification
by the City. If the City determines that the time limits established
pursuant to Government Code Sections 69550 through 65975.1 have expired,
the City shall within seven days of such determination, notify any
person entitled to receive notice that it has taken final action by
operation of law pursuant to Government Code Sections 65950 through
65975.1. The appeal period for projects approved by operation of law
shall begin to run only upon receipt of the City notice in the Coastal
Commission office. (This section applies equally to a City determination
that the project has been approved by operation of law and to a judicial
determination that the project has been approved by operation of law.)
(Ord. 94-884; Ord. 601 § 1, 1983)
A coastal Development Permit shall expire on the latest expiration
date applicable to any permit or approval required for the project,
including any extension granted for other permits or approvals. Should
the project require no City permits or approvals other than a Coastal
Development Permit, the Coastal Development Permit shall expire one
year from its date of approval if the project has not been commenced
prior to that time.
(Ord. 94-884; Ord. 601 § 1, 1983)
Applications for Coastal Development Permits for which public
access, open space or conservation easements may be required by State
law shall not be deemed approved until Coastal Commission approval
has been obtained or unless the project has been deemed approved under
the following procedures, which are contained in the Public Resources
Code.
A.
The
Executive Director of the Coastal Commission will review and approve
all legal documents specified in the conditions of approval of Coastal
Development permit for public access and conservation/open space easements.
1.
Upon
completion of permit review by the City and prior to the issuance
of the permit, the City shall forward a copy of the permit conditions
and findings of approval of the legal adequacy and consistency with
the requirements of potential accepting agencies.
2.
The
Executive Director of the Coastal Commission has fifteen working days
from receipt of the documents in which to complete the review and
notify the applicant of recommended revisions, if any.
3.
The
City may issue the permit upon expiration of the fifteen-working-day
period if notification of inadequacy has not been received by the
local government within that period of time.
4.
If
the Executive Director has recommended revisions to the application,
the permits shall not be issued until the deficiencies have been resolved
to the satisfaction of the Executive Director.
B.
After
granting a permit and recordation of the documents, the City shall
forward a copy of the permit conditions and findings of approval and
copies of the legal documents pertaining to the public access and
open space conditions to the Executive Director of the Coastal Commission.
(Ord. 94-884; Ord. 601 § 1, 1983)
The applicable procedures for appeal to the Coastal Commission
are those established by State law. A copy of such procedures shall
be available to the public in the Community Development Department.
No City permit shall be issued or deemed approved until an appeal,
if any, to the Coastal Commission and all litigation relating thereto
has been resolved.
(Ord. 94-884; Ord. 601 § 1, 1983)
In any case where no appeal has been filed from the decision
of the City on a Coastal Development Permit (including decisions on
non-appealable developments) or where an appeal has been filed but
the Coastal Commission determined not to hear the appeal, and where
litigation has subsequently been commenced against the local government
concerning its decision, the City and the plaintiff or petitioner
shall promptly forward a copy of the complaint or petition to the
Executive Director of the Coastal Commission. At the request of the
City (with the concurrence of the Commission), or upon an order of
the Coastal Commission, the Executive Director will request the Attorney
General to intervene in such litigation on behalf of the Coastal Commission.
Administrative remedies pertaining to Coastal Development permits
are not deemed to have been exhausted unless all appeal procedures
provided by the California Coastal Act and these regulations have
been utilized.
(Ord. 94-884; Ord. 601 § 1, 1983)
A.
Grounds
for Revocation.
1.
A
Coastal Development Permit shall be revoked or subjected to additional
conditions for the following reasons:
a.
International inclusion of inaccurate, erroneous or incomplete information
in connection with a Coastal Development Permit application, where
the City finds that accurate and complete information would have caused
the City to require additional or different conditions on a permit
or deny an application; or
b.
Failure of the applicant to comply with the notice provisions herein
where the views of the person(s) not notified were not otherwise made
known to the City and could have caused the City to require additional
or different conditions on a permit or deny an application.
2.
Any
person who did not have an opportunity to fully participate in the
original permit proceedings by reason of the permit applicant's intentional
inclusion of inaccurate information or failure to provide adequate
public notice as required herein may request revocation of a permit
by application to the Community Development Department specifying,
with particularity, the grounds of revocation. The Community Development
Department shall review the stated grounds for revocation and, unless
the request is patently frivolous and without merit, shall initiate
revocation proceedings.
3.
The
Community Development Department may initiate revocation proceedings
on their own motion when the grounds for revocation have been established
pursuant to the provisions of this subsection.
B.
Suspension
Pending Hearing. Where the Community Development Department determines
that grounds exist for revocation of a permit, the operation of the
permit may be immediately suspended until the Planning Commission
votes to deny the request for revocation. The Community Development
Department shall notify the permittee by mailing a copy of the request
for revocation and a summary of the procedures set forth in this section
to the address shown in the permit application.
C.
Revocation
Hearing Procedures.
1.
Upon
determination that a hearing should be held to determine whether a
Coastal Development Permit should be revoked, the Community Development
Department shall set a date for hearing before the Planning Commission
at the earliest Planning Commission meeting which will enable adequate
notice hereunder.
2.
Notice
shall be mailed by registered mail to the permittee at the address
shown on his application or his last recorded address. The notice
shall contain a statement of the charges for which the revocation
will be considered.
3.
Notice
to the permittee and interested parties shall be mailed not less than
ten days prior to the hearing. The permittee shall have the right
to one continuance.
4.
At
the time of the hearing, the Community Development Department shall
report the results of his or her investigation and provide the Planning
Commission with relevant exhibits and reports which shall be available
for examination by the permittee and by interested persons before
the hearing.
5.
The
permittee, any interested person, and witnesses may present testimony
and other evidence at the hearing. The Planning Commission may limit
the presentation or exclude repetitive or irrelevant matter.
6.
The
Planning Commission shall ordinarily vote on the request at the same
meeting unless the Planning Commission wishes the City staff to perform
further investigation.
7.
A permit may not be revoked unless a majority of the total members of the Planning Commission find that any of the grounds specified in Subsection A of this Section exist. If the request for revocation was not filed with due diligence, the request shall be denied. Failure of a majority to vote for revocation shall constitute a dismissal of the request to revoke.
(Ord. 94-884; Ord. 601 § 1, 1983)
A.
Following
a final decision upon an application for a Coastal Development Permit,
no applicant or the applicant's successor in interest may reapply
to the City for a Coastal Development Permit for substantially the
same development for a period of six months from the date of the prior
final decision. Whether an application is "substantially the same"
as that upon which a final determination has been rendered shall be
decided by the Community Development Department within five working
days from receipt of such application. Where the Community Development
Department is unable to make such decision, the Community Development
Department may refer the application to the Planning Commission for
its decision as to whether the application is substantially the same.
Elimination of conditions required for a permit shall not be considered
a substantial change. Until such determination is made, the reapplication
shall not be deemed "filed" within the meaning of Public Resources
Code Section 30621.
B.
The
Planning Commission may require that any revised project be subjected
to informal review by appropriate local government entities prior
to Coastal Commission review. The six-month waiting period provided
in this section may be waived by the Planning Commission for good
cause.
(Ord. 94-884; Ord. 601 § 1, 1983)
The following repair and maintenance activities require a Coastal
Development Permit issued by the City or the California Coastal Commission,
depending on the area of jurisdiction.
A.
For
purposes of Public Resources Code Section 30610 (b), the following
extraordinary methods of repair and maintenance shall require a Coastal
Development Permit because they involve a risk of substantial adverse
environmental impact:
1.
Any
method of repair or maintenance of a seawall revetment, bluff retaining
wall, breakwater, groin, culvert, outfall or similar shoreline work
that involves:
a.
Repair or maintenance involving substantial alteration of the foundation
of the protective work, including piling and other surface or subsurface
structures;
b.
The placement, whether temporary or permanent, of rip-rap, artificial
berms of sand or other beach materials, or any other forms of solid
materials, on the beach, or in a coastal waters, streams, wetlands,
estuaries and lakes or on a shoreline protective work except for agriculture
dikes within enclosed bays or estuaries;
c.
The replacement of twenty percent or more of the materials of an
existing structure with materials of a different kind; or
d.
The presence, whether temporary or permanent, of mechanized construction
equipment or construction materials on any sandy area or bluff or
within twenty feet of coastal waters or streams;
2.
Any
method of routine maintenance dredging that involves:
a.
The dredging of one hundred thousand cubic yards or more within a
twelve-month period;
b.
The placement of dredged spoils of any quantity within an environmentally,
sensitive habitat area, on any sand area, within fifty feet of the
edge of a coastal bluff or environmentally sensitive area, or within
twenty feet of coastal waters or streams; or
c.
The removal, sale or disposal of dredged spoils of any quantity that
would be suitable for beach nourishment in an area that 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;
3.
Any
repair or maintenance to facilities or structures or work located
in an environmentally sensitive habitat area, any sand area, within
fifty feet of the edge of a coastal bluff, or environmentally sensitive
habitat area, or within twenty feet of coastal waters or streams that
include:
a.
The placement or removal, whether temporary or permanent, of rip-rap
rocks, sand or other beach materials or any other forms of solid materials;
or
b.
The presence, whether temporary or permanent, of mechanized equipment
or construction materials.
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All repair and maintenance activities governed by the above
provisions shall be subject to the permit regulations promulgated
pursuant to the California Coastal Act of 1976, including but not
limited to the regulations governing administrative and emergency
permits. The provisions of this section shall not be applicable to
those activities specifically described in the document entitled Repair
Maintenance and Utility Hookups, adopted by the Coastal Commission
on September 5, 1978.
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B.
Unless
destroyed by natural disaster, the replacement of fifty percent or
more of a seawall revetment, bluff retaining wall, breakwater, groin
or similar protective work is not repair and maintenance under Public
Resources Code Section 30610 (d) but instead constitutes a replacement
structure requiring a Coastal Development Permit.
(Ord. 94-884; Ord. 601 § 1, 1983)
means a sudden, unexpected occurrence demanding immediate
action to prevent or mitigate loss or damage to life, health, property
or essential public services.
(Ord. 94-884; Ord. 601 § 1, 1983)
A.
An
application in case of emergency shall be made by letter to the Community
Development Department or in person or by telephone, if time does
not allow.
B.
The
following information shall be included in the request:
1.
Nature
of emergency;
2.
Cause
of the emergency; insofar as this can be established;
3.
Location
of emergency;
4.
The
remedial, protective, or preventive work required to deal with the
emergency; and
5.
The
circumstances during the emergency that appeared to justify the cause(s)
of action taken including the probably consequences of failing to
take action.
(Ord. 94-884; Ord. 601 Sec 1, 1983)
The Community Development Department shall verify the facts,
including the existence and the nature of the emergency, insofar as
time allows.
(Ord. 94-884; Ord. 601 § 1, 1983)
A.
The
Community Development Department shall provide public notice of the
emergency work, with the extent and type of notice determined on the
basis of the nature of emergency.
B.
The
director may grant an emergency permit upon reasonable terms and conditions,
including an expiration date and the necessity for a regular permit
application later, if:
1.
There
is an emergency that requires action more quickly than permitted by
the procedures for administrative permits or for regular permits and
the work can and will be completed within thirty days unless otherwise
specified by terms of the permit;
2.
Public
comment on the proposed emergency action has been reviewed, if time
allows; and
3.
The
work proposed would be consistent with the requirements of the Certified
Land Use Plan.
4.
The
Community Development Department shall not issue an emergency permit
for any work that falls within the provisions of Public Resources
Code Sections 30159 (B) and 30601 since a Coastal Development Permit
application must be reviewed by the Coastal Commission pursuant to
Public Resources Code Section 30600.5.
(Ord. 94-884; Ord. 601 § 1, 1983)
A.
The
community development department shall report, in writing, to the
Coastal Commission and to the Planning Commission, at its first scheduled
meeting after the emergency permit has been issued, the nature of
the emergency and the work involved. Copies of this report shall be
available at the meeting and shall be mailed to all persons who have
requested such notification in writing.
B.
The
report of the community development department shall be informational
only, the decision to issue an emergency permit is solely at the discretion
of the community development department subject to the provisions
of this chapter.
1.
There
is an emergency that requires action more quickly than permitted by
the procedures for administrative permits or for regular permits and
the work can and will be completed within thirty days unless otherwise
specified by terms of the permit;
2.
Public
comment on the proposed emergency action has been reviewed, if time
allows; and
3.
The
work proposed would be consistent with the requirements of the Certified
Land use Plan.
C.
The
community development department shall not issue an emergency permit
for any work that falls within the provisions of Public Resources
Code Sections 30159 (b) and 30601 since a Coastal Development Permit
application must be reviewed by the Coastal Commission pursuant to
Public Resources Code Section 30600.5
(Ord. 94-888; Ord. 601 § 1, 1983)
