Chapter 19.02
EXEMPTION, NOTICE, HEARING, EXTENSION, REVOCATION, EMERGENCY AND APPEAL PROCEDURES FOR COASTAL DEVELOPMENT PERMITS
Sections:
19.02.030 Applicant for a coastal development permit.
19.02.040 Findings for approval.
19.02.050 Action by the planning commission.
19.02.060 Action by the city council.
19.02.065 Appeal of planning commission decision to the city council.
19.02.070 Notice of hearing by planning commission and/or the city council and/or hearing officer.
19.02.100 Determination of applicable procedures.
19.02.110 Extension of permits.
19.02.120 Revocation of permits.
19.02.140 Amendments incorporated by reference.
19.02.150 Penalties for violation(s).
19.02.010 Purpose.
The following shall be the procedures for notice and hearing for, and appeal of any final decision on, an application for any proposed development in the coastal zone which requires a coastal development permit and which is consistent with the city’s certified LCP, the city’s general plan and zoning ordinances and state law. The purpose of this chapter is to protect the public health, safety and general welfare by:
A. Protecting the coastal bluffs and the marine environment as delicate natural resources;
B. Protecting undeveloped natural land in open space available for visual and physical enjoyment by the public;
C. Assuring that the coastal bluffs can support proposed private development; and
D. Preserving parklands within the coastal zone for public park use. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 535 § C, 1991)
19.02.020 Permitted use.
A. Except as prohibited by this section, real property in the coastal zone may be used for any purpose which is permitted by the city zoning code and which is consistent with the city’s LCP.
B. Parklands in the coastal zone may be used only for the purposes set forth in Chapter 12.24 PVEMC, as amended by Ordinance No. 362.
C. Open space in the coastal zone may be used only for the purposes set forth in Chapter 18.16 PVEMC.
D. Structures, additions to structures, grading, stairways, pools, tennis courts, spas or solid fences may be constructed on private property on, or within twenty-five feet of, the bluff edge only after preparation of a geologic report and findings by the city that the proposed structure, addition, grading, stairway, pool, tennis court, spa and/or solid fence (1) poses no threat to the health, safety and general welfare of persons in the area by reason of identified geologic conditions which cannot be mitigated and (2) the proposed structure, addition, grading, stairway, pool, tennis court, spa and/or solid fence will minimize alteration of natural landforms and shall not be visually intrusive from public view points in the coastal zone. Permitted development shall not be considered visually intrusive if it incorporates the following to the maximum extent feasible:
1. The development is sited on the least visible portion of the site as seen from public view points;
2. The development conforms to the scale of existing surrounding development;
3. The development incorporates landscaping to soften and screen structures;
4. The development incorporates materials, colors, and/or designs which are more compatible with natural surroundings. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 535 § C, 1991)
19.02.030 Applicant for a coastal development permit.
An application for a coastal development permit shall be accepted only from the owner of record of the real property on which the proposed development will occur, or the authorized agent of the owner, or the developer of the proposed development. An application for a coastal development permit which is made by a person other than the property owner shall be signed by both the applicant and the property owner. Each application shall include the following information and documents in addition to any other information or documents which would otherwise be required by the city for the same type of development were it to lie outside of the coastal zone:
A. A site plan, drawn to scale, showing the location and proposed use of each existing structure to remain, each new structure which is proposed to be built and the relationship of all remaining and proposed structures to the bluff and to public view points;
B. A plan showing elevations for each existing structure which is proposed to remain on the property and for each proposed new structure in relationship to the elevation of the bluff and public view points; elevations shall indicate the height of all structures shown, the structural features proposed, types of materials of construction and the contours of the bluff;
C. Engineering and geology reports which consider, describe and analyze the following:
1. Cliff geometry and site topography, extending the survey work beyond the site of the proposed development as needed to depict any unusual geomorphic conditions which might affect the site, and
2. Historic, current and foreseeable cliff erosion, including but not limited to investigation of recorded land surveys and tax assessment records, the use of historic maps and photographs where available, and possible changes in shore configuration and sand transport, and
3. Geologic conditions, including but not limited to soil, sediment and rock types and characteristics and structural features such as bedding, joints and faults, and
4. Evidence of past or potential landslide conditions, the implications of such conditions for the proposed development, and the potential effects of the development on landslide activity, and
5. The impact of the proposed construction activity on the stability of the site and adjacent area, and
6. The potential for erosion of the site and mitigation measures to be used to ensure minimized erosion problems during and after construction including but not limited to plans for landscaping and drainage design, and
7. The effects of, and the potential for, marine erosion on seacliffs, and
8. The potential effects of seismic forces resulting from a maximum credible earthquake, and
9. Analysis of any other factors which might affect slope stability, and
10. An evaluation of (a) existing on-site and off-site conditions which, when the proposed development is completed, could result in geologic instability on off-site facilities, including but not limited to roads and public pedestrian and bicycle access ways, and (b) the additional impacts which could occur due to the development, including but not limited to increased erosion along a footpath and erosion of roads, buildings and bikeways;
D. A detailed report including mitigation measures for any potential impacts and including alternative solutions and appropriate measures for monitoring those mitigations as required and consistent with Cal. Pub. Res. Code § 21081.6. The report shall contain the professional opinion of a California certified civil engineer and a California certified geologist as to whether the development can be designed so that it will neither be subject nor contribute to significant geologic instability on site and off site through the lifespan of the proposed development. The report shall use a currently acceptable engineering stability analysis method and shall also describe the degree of uncertainty of analytical results predicated on assumptions and unknowns. The degree of analysis required shall be that degree appropriate to the degree of potential risk presented by the site and the proposed development;
E. If the city so requires, in the city’s sole discretion, a waiver of and a hold harmless from the applicant, including both the developer and the property owner and their successors and assigns, for any and all claims against the city, the county, the state and other public agencies involved in the development, for future liability or damage resulting from the CDP and the development when completed. All such waivers and hold harmless clauses shall be recorded with the office of the county recorder for the county of Los Angeles;
F. Other information and requirements as the director of planning and the city engineer, in their sole discretion, may deem necessary to processing the application. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 535 § C, 1991)
19.02.040 Findings for approval.
A. A coastal development permit shall be approved by the issuing body only upon affirmative findings that:
1. The plans for the proposed development and the coastal development permit comply with all of the requirements of this chapter and other relevant city ordinances and development standards; and
2. The proposed use is consistent with the certified local coastal program, the general plan, any applicable specific plan, and the applicable zoning ordinance or ordinances; and
3. The proposed use will not be visually intrusive from public view points; and
4. The required reports and plans demonstrate to the satisfaction of the city, in its sole discretion, that the proposed use can be supported by the bluff and the proponent has demonstrated that the proposed use will not increase any existing geologic hazards; and
5. The proposed development, when located between the sea and the first public road inland from the sea, is in conformance with the public access and recreation policies of the California Coastal Act as contained in Chapter 3, Cal. Pub. Res. Code §§ 30200 through 30224, the applicable sections of the California Code of Regulations, and the local coastal program.
B. Approval may be recommended and/or granted upon conditions that are necessary and reasonable to ensure that the proposed use will be designed, located, developed and maintained in accordance with the findings required by this section, the local coastal program, the general plan, any applicable specific plan, and the applicable zoning ordinance or ordinances. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 600 § 1, 1996; Ord. 535 § C, 1991)
19.02.050 Action by the planning commission.
All applications for a coastal development permit shall be considered by the planning commission at a public hearing. The planning commission shall approve, conditionally approve, or deny the application, or any portions thereof, within seven calendar days after it completes its hearing on the application. The conditions and findings adopted by the planning commission shall be transmitted to the city council by the director of planning. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 600 § 2, 1996; Ord. 535 § C, 1991)
19.02.060 Action by the city council.
Within fifteen days after the date of the planning commission’s decision, or on or before the first day following the first city council meeting after the date of the planning commission’s decision, whichever occurs last, the city council may:
A. Confirm the action of the planning commission and grant or deny the application; or
B. Set the matter for public hearing and thereafter dispose of it in the same manner as an appeal; or
C. Amend, modify, delete, or add any condition of approval which the city council finds is not substantial under the circumstances relative to or affecting the property subject to the application for a coastal development permit and is in accord with the criteria for approval established by this chapter; or
D. Take no action, in which event the decision of the planning commission shall be considered final on the date of the city council meeting at which the matter is reported to the city council. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 600 § 3, 1996; Ord. 535 § C, 1991)
19.02.065 Appeal of planning commission decision to the city council.
A. An aggrieved person may, within fifteen days after the date of the planning commission decision, appeal the planning commission decision to the city council. The appeal shall be filed with the city clerk on such forms as may be prescribed by the city, accompanied by payment of the fee as the city council may establish by resolution, and shall include the reasons for the appeal. The city clerk shall notify the director of planning, who shall promptly furnish the city council with minutes of the planning commission hearing and the papers constituting the record upon which the decision was based. The city clerk shall set the appeal for public hearing and give notice of the time and place of the hearing pursuant to the provisions of PVEMC 19.02.070.
B. The city council may approve, approve with conditions, or disapprove the application. It shall render its decision by resolution within thirty days after the conclusion of its hearing. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 600 § 4, 1996)
19.02.070 Notice of hearing by planning commission and/or the city council and/or hearing officer.
The provisions of this section shall constitute the minimum notice requirements for any application for a coastal development permit, whether appealable or nonappealable.
A. Excluded Developments Exempt from Notice Requirements. Applications for excluded developments shall not be subject to the requirements for notice and hearing otherwise required by this chapter.
B. Notice for Appealable Developments, Nonappealable Developments with Hearing and Nonappealable Developments without Hearing. At least fifteen calendar days prior to any required public hearing by the planning commission or the city council on an application for an appealable or nonappealable CDP, the city shall provide notice by first class mail, postage prepaid, of the pending application. The notice prior to hearing shall be provided to:
1. All persons who have supplied self-addressed, stamped envelopes for receipt of notice (a) regarding the property upon which the coastal development plan is sought, or (b) for all decisions regarding the coastal zone which lies within the city; and
2. All property owners within three hundred feet and all tenants within one hundred feet of the perimeter of the property upon which the coastal development permit is sought; and
3. The California Coastal Commission.
Additionally, notice shall be published in a newspaper of general circulation at least fifteen calendar days prior to a public hearing required by this chapter.
C. Contents of the Notice. The notice of hearing shall contain the following information:
1. A statement that the development is within the coastal zone; and
2. The name and address of the applicant and the date upon which the application was filed with the city; and
3. The case number assigned to the application; and
4. A description of the property upon which the application is sought, including any proposed or existing tract number, the nearest cross streets, the name of the street on which the project is proposed with a street number if existent and an assessor’s parcel number or numbers, if known; and
5. The date, time and place upon which the application will be heard or otherwise acted upon by the planning commission or city council; and
6. A brief description of (a) the rights of the recipient to present the testimony, written or oral, as set forth in PVEMC 19.01.010, and (b) the procedures to be followed in conduct of the hearing; and
7. The appeal procedures for the city and the California Coastal Commission.
D. Notice Required for Continued Hearings. If a decision on an application for a coastal development permit is continued by the city upon its own motion or upon motion made at the request of the applicant, and the hearing is continued to a time and date which (1) have not previously been stated in the original notice, or (2) are not announced at the hearing which is being continued, the city shall provide notice of the further hearing in the same manner and to the same persons as set forth in subsections A, B and C of this section.
E. Notice of Planning Commission Action. Within seven calendar days of an action by the planning commission on an application for a coastal development permit, the city shall provide notice of that action by first class mail, postage prepaid, to (1) the applicant, (2) the California Coastal Commission, (3) any persons who specifically request notice of such action by submitting a self-addressed, stamped envelope to the city prior to the date when the notice is required to be sent, and (4) the members of the city council. Notice of the action shall also appear on the next city council agenda after the planning commission’s action; provided, that such action shall have occurred not less than seven days prior to such city council meeting. Such notice shall contain the conditions of approval, if any, written findings as required by the California Coastal Act, applicable sections of the California Code of Regulations, this chapter, and a summary of the procedures for appeal of the planning commission’s decision to the city council and to the California Coastal Commission.
F. Notice of Final Action. The city’s action on a coastal development permit application shall be final when the city council considers the application pursuant to PVEMC 19.02.060(A), (B), (C) or (D), or when the city council renders a decision by resolution pursuant to PVEMC 19.02.065. Within seven calendar days of a final action by the city council on an application for a coastal development permit, the city shall provide notice of that action by first class mail, postage prepaid, to (1) the applicant, (2) the California Coastal Commission, and (3) any persons who specifically request notice of such action by submitting a self-addressed, stamped envelope to the city prior to the date when the notice is required to be sent. Such notice shall contain the conditions of approval, if any, written findings as required by the California Coastal Act, and applicable sections of the California Code of Regulations, this chapter, and a summary of the procedures for appeal of the city council decision to the California Coastal Commission. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 600 §§ 5, 6, 1996; Ord. 535 § C, 1991)
19.02.080 Effective date of city council action for purposes of appeal to the California Coastal Commission and termination of the appeal period.
The city council’s action shall become effective on the tenth working day after the appeal period of the California Coastal Commission has expired unless (A) an appeal is filed in accordance with California Code of Regulations Title 14, Section 13111, or (B) the notice of final action required by California Code of Regulations Title 14, Section 13571 and PVEMC 19.02.070(F) has been found deficient by the California Coastal Commission. The final action of the city may be appealed to the California Coastal Commission prior to the effective date by an aggrieved person who has exhausted all city appeals. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 600 § 7, 1996; Ord. 535 § C, 1991)
19.02.090 Failure to act.
When the city determines that the time limits established by Cal. Gov. Code § 65950 et seq. have expired, the city shall, within seven calendar days of such determination, notice any person or entity entitled to receive notice pursuant to PVEMC 19.02.070(E) that it has taken final action by operation of law pursuant to Cal. Gov. Code § 65950 et seq. Such notice shall, to the extent applicable, include the information required by PVEMC 19.02.070(E). (Ord. 701 § 2 (Exh. 1), 2012; Ord. 535 § C, 1991)
19.02.100 Determination of applicable procedures.
A. The determination of the “type” of development, i.e., whether a development is categorically exempt, appealable or nonappealable, shall be made by the director of planning at the time the application for a coastal development permit is submitted to the city. That determination shall be made with reference to the city’s LCP, including any maps, exclusions, land use designations and this chapter.
B. Upon reaching his determination, the director of planning shall inform the applicant and any other party requesting the information of his determination and of the notice and hearing requirements for the type of development determined by the director to apply to the proposed development.
C. Where an applicant or an interested person challenges the determination of the director, or the city has a question as to the appropriate designation for the proposed application, the following procedures shall establish whether a development is categorically exempt, appealable or nonappealable:
1. The director shall request an opinion from the executive director of the California Coastal Commission; and
2. When the executive director’s determination is, after investigation of the facts, not in accordance with the city’s determination, the city shall request that the Coastal Commission hold a hearing for the purpose of determining the appropriate type for the proposed development. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 535 § C, 1991)
19.02.110 Extension of permits.
A. No later than forty-five days prior to the time that construction must commence on a development to which the city has granted a coastal development permit, the applicant may, upon payment of a fee (fifty dollars for all developments other than residential, twenty-five dollars for all residential development), apply to the director of the city for an extension of time within which to commence and/or complete construction of the development. The application shall be accompanied by evidence of a valid, unexpired coastal development permit granted by the city.
If the director determines that there are no changed circumstances which are inconsistent with the California Coastal Act of 1976, as amended, and California Code of Regulations Title 14, Section 13000 et seq., his determination of consistency shall be conclusive and he may extend the term of the coastal development permit by a period not to exceed one year if all of the following are true:
1. Notice, including a summary of the procedures set forth in this section, has been given by the director of his determination that the application is consistent by (a) posting said notice at the project site, and (b) mailing said notice to all parties the director has reason to know may be interested in the application, including all parties who participated in the initial permit hearing; and
2. If no written objection has been received within ten working days of publishing the aforedescribed notice.
B. In the event that the director determines that the application for extension is not consistent, or that he or she receives timely written objection, the director shall report the application to the city council. If a majority of the council object to the extension on the grounds that it may be inconsistent with the California Coastal Act and/or the applicable Code of Regulations, the application shall be set for a full hearing, pursuant to PVEMC 19.02.060, before the planning commission as though it were a new application for a coastal development permit. If there is not an objection to the determination of the director by a majority of the city council, the director shall issue the extension for a period not to exceed one year.
C. Any valid, unexpired coastal development permit for which application for an extension is timely made shall be automatically extended for the period of time during which the city is considering the requested extension; provided, however, that if construction has not commenced at the time of said application, no construction may commence until the city has made its determination on the extension. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 535 § C, 1991)
19.02.120 Revocation of permits.
A. Scope of Section. The provisions of this section shall govern proceedings for revocation of a coastal development permit previously granted by the city.
B. Grounds for Revocation. Grounds for revocation of a permit shall be:
1. Intentional 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;
2. Failure to comply with the notice provisions of PVEMC 19.02.070 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.
C. Initiation of Proceedings to Revoke. Any person who did not have an opportunity to fully participate in the original permit proceeding by reason of the permit applicant’s intentional inclusion of inaccurate information or failure to provide adequate public notice as specified in PVEMC 19.02.070 may request revocation of a permit by application to the director of the city, specifying, with particularity, the grounds for revocation. The director shall review the stated grounds for revocation and, unless the request is patently frivolous and without merit, shall initiate revocation proceedings. The director may initiate revocation proceedings on his or her own motion when the grounds for revocation have been established pursuant to the provisions of subsection B of this section. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 535 § C, 1991)
19.02.130 Emergency permits.
The following procedures shall apply to the issuance of a coastal development permit in the event of an emergency as defined in PVEMC 19.01.105.
A. Applications.
1. Applications in case of emergency shall be made by letter to the director or in person or by telephone, if time does not allow a written request.
2. The following information should be included in the request:
a. Nature of the emergency;
b. Cause of the emergency, insofar as this can be established;
c. Location of the emergency;
d. The remedial, protective, or preventive work required to deal with the emergency; and
e. The circumstance during the emergency that appeared to justify the cause(s) of action taken, including the probable consequences of failing to take action.
B. Criteria for Granting Permit.
1. The director shall provide public notice of the emergency work, with the extent and type of notice determined by the director on the basis of the nature of the emergency.
2. 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 the director finds that:
a. An emergency exists that requires action more quickly than permitted by the procedures for administrative permits or for regular permits administered pursuant to this code, and the work can and will be completed within thirty days unless otherwise specified by the terms of the permit;
b. Public comment on the proposed emergency action has been reviewed, if time allows; and
c. The work proposed would be consistent with the certified land use plan portion of the LCP.
3. The director shall not issue an emergency permit for any work that falls within the provisions of Cal. Pub. Res. Code § 30519(b) which requires review by the California Coastal Commission.
C. Report to the Governing Body of the Local Government and to the Coastal Commission.
1. The director shall report, in writing, to the city council at its first scheduled meeting after the emergency permit has been issued, reporting 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.
2. The report of the director shall be informational only; the decision to issue an emergency permit is solely at the discretion of the director subject to the provisions of this section. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 535 § C, 1991)
19.02.140 Amendments incorporated by reference.
Whenever in this title reference is made to a section of the California Coastal Act (Cal. Pub. Res. Code § 30000 et seq.) or to California Code of Regulations Title 14, such reference shall include the section so referenced as it may be amended from time to time. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 535 § C, 1991)
19.02.150 Penalties for violation(s).
Any person who violates any provision of this chapter of the code shall be subject to the penalties described in Cal. Pub. Res. Code Division 20, Chapter 9, Article 2, commencing with Cal. Pub. Res. Code § 30820. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 535 § C, 1991)