This chapter establishes a process for consideration and review
of Coastal Development Permits and Emergency Permits, which is intended
to implement the California Coastal Act of 1976 (Division 20 of the
Public Resources Code), as amended, in accordance with the City's
Local Coastal Program.
The Community Development Director may issue an Emergency Permit without compliance with the procedures for the issuance of a Coastal Development Permit in cases of an emergency, as the term emergency is defined in Section 13009 of Title
14 of the
California Code of Regulations.
A. Applicability. The procedures of this subsection apply where
persons or public agencies seek a permit for emergency work pursuant
to Section 30624 of the California
Public Resources Code.
B. Application. Applications for permits for emergency work shall
be made to the Community Development Director by letter or facsimile
during business hours if time allows, or by telephone or in person
if time does not allow. The information to be reported during the
emergency, if it is possible to do so, or to be reported fully in
any case after the emergency, shall include the following:
1. The nature of the emergency;
2. The cause of the emergency, insofar as this can be established;
3. The location of the emergency;
4. The remedial, protective, or preventive work required to deal with
the emergency;
5. The circumstances during the emergency that appeared to justify the
course(s) of action taken, including the probable consequences of
failing to take action;
6. The identity of other public agencies alerted to the emergency;
7. Access routes to the emergency; and
8. Any other information deemed necessary by the Community Development
Director.
C. Verification of Emergency. The Community Development Director
shall verify the facts, including the existence and nature of the
emergency, insofar as time allows.
D. Coordination and Public Notice. Prior to issuance of an Emergency Permit, when feasible, the Community Development Director shall notify, and coordinate with, the South Central Coast District Office of the California Coastal Commission as to the nature of the emergency and the scope of the work to be performed. This notification shall be in person or by telephone. The Community Development Director shall provide public notice of the proposed emergency action required by Section 13329.3 of Title
14 of the
California Code of Regulations, with the extent and type of notice determined on the basis of the nature of the emergency itself.
E. Issuance. The Community Development Director may grant a permit
for emergency work upon reasonable terms and conditions, including
an expiration date and the requirement for a regular permit application
later, if the Community Development Director finds that:
1. An emergency exists and requires action more quickly than permitted
by the procedures for ordinary permits, and the development can and
will be completed within 30 days unless otherwise specified by the
terms of the permit;
2. Public comment on the proposed emergency action has been reviewed
if time allows;
3. The work proposed would be consistent with the requirements of the
City's Local Coastal Program and the California Coastal Act of 1976;
4. 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. This
finding shall be made with the maximum information and analysis possible
given the expedited review demanded by the emergency situation; and
5. The Community Development Director shall not issue an Emergency Permit
for any work that falls within the provisions of Public Resources
Code Section 30519(b) since a Coastal Development Permit application
for this type of work must be reviewed by the California Coastal Commission
pursuant to the provisions of
Public Resources Code Sections 30519(b)
and 30600(d).
F. Format of Permit. The Emergency Permit shall be a written
document that includes the following information:
3. The scope of work to be performed;
4. Terms and conditions of the permit. The Emergency Permit may contain
conditions for removal of existing development or structures if they
are not authorized in a Coastal Development Permit, or the Emergency
Permit may require that a subsequent Coastal Development Permit must
be obtained to authorize the removal of such existing unpermitted
development or structures;
5. A provision stating that within 90 days of issuance of the Emergency
Permit, a Coastal Development Permit application shall be submitted
and properly filed consistent with the requirements of this chapter
seeking authorization to retain structures erected pursuant to the
Emergency Permit, to remove such structures, or some other alternative;
6. A provision stating that any development or structures constructed
pursuant to an Emergency Permit shall be considered temporary until
authorized by a subsequent Coastal Development Permit and that issuance
of an Emergency Permit shall not constitute an entitlement to the
erection of permanent development or structures; and
7. A provision that states that the development authorized in the Emergency
Permit must be removed unless a complete application for a Coastal
Development Permit is filed within 90 days of approval of the Emergency
Permit. If all or any portion of the application for the Coastal Development
Permit seeking authorization for permanent retention of the development
authorized pursuant to the Emergency Permit is denied, the portion
of the development that is denied must be removed.
G. Notice to the Planning Commission.
1. The Community Development Director shall report in writing to the
Planning Commission at each meeting of the Commission the Emergency
Permits applied for or issued since the last report. The report shall
contain a description of the nature of the emergency and the work
involved. Copies of this report shall be available at the meeting
and shall have been mailed at the time the application summaries and
staff recommendations are normally distributed to all persons who
have requested such notification in writing. Copies of this report
shall also be sent to the South Central Coast District Office of the
California Coastal Commission.
2. All Emergency Permits issued after completion of the agenda for the
Planning Commission meeting shall be briefly described by the Community
Development Director at the meeting and the written report required
by paragraph 1 above shall be distributed prior to the next meeting
of the Planning Commission.
3. The report of the Community Development Director shall be informational
only. The decision to issue an Emergency Permit is solely at the discretion
of the Community Development Director.