The purpose of this chapter is to provide required implementation procedures as required to implement the certified land use plan pursuant to the California Coastal Act, codified in Section 30000 et seq. of the Public Resources Code. The city finds that the additional requirements of this chapter are necessary to implement said land use plan.

   This chapter is adopted to implement the city's certified land use plan and the California Coastal Act. In the case of any conflict between this chapter and any other chapter of this Title, or other provisions of the city code, the provisions of this chapter shall apply.

   Developments, as defined in Section 17.006.0365 of this Title, require a coastal development permit except as otherwise provided in this chapter. Such permits are subject to the provisions of the certified land use plan, Certified zoning ordinance, subdivision regulations, Grading and Erosion Control Ordinance and the procedural requirements for coastal development permits as described herein.

   The boundary of the coastal zone shall be as established by the California Legislature and as described on official maps maintained by the California Coastal Commission. Developments outside this zone shall not be subject to the provisions of this chapter.

   The information required in the applicable zone designation as established within the certified land use plan and zoning ordinance shall be submitted prior to the filing of a coastal development permit application. The application shall be made on a form provided by the public services department and shall be accompanied by the appropriate fee.

   Distribution of growth management allocations for residential construction and/or tract map recordation shall be done in compliance with applicable policies and procedures identified in the city's general plan/local coastal program land use plan including but not limited to programs GP-1, GP-2, GP-3 and GP-4.

   A.   Coastal development permit applications for the following developments shall be given an administrative (staff) review, with the exception of those projects requiring a public hearing as described by this chapter:

   1.   The construction of a single family residence pursuant to the standards of this Title on a parcel of record as of January 23, 1980.

   2.   An addition to a single family residence pursuant to the standards or this Title.

   3.   A permitted use in a nonappealable R-2 Zone pursuant to Section 17.124.100.

   A.   Applications.

   1.   Applications in case of emergency shall, be made by letter to the public services director (director) or in person or by telephone, if time does not allow.

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

   B.   Verification of Emergency. The director shall verify the facts including the existence and the nature of the emergency, insofar as time allows. An emergency defined as "a sudden unexpected occurrence demanding immediate action to prevent or mitigate loss or damage to life, health, property or essential public services."

   C.   Criteria for Granting Permit.

   1.   The director shall provide public notice of the emergency work, with the extent and type of notice determined on the basis of the nature of emergency.

   2.   The director may grant an emergency permit. If granted, it shall include reasonable and any appropriate conditions, including an expiration date and the necessity for a regular permit application within thirty days. The following findings are required for granting an emergency permit:

   a.   An emergency exists that requires action more quickly than permitted by the procedures for administrative permits 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 requirements of the certified local coastal program.

   D.   Report to City Council.

   1.   The director shall report, in writing to the city council 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.

   2.   The report of the director shall be information only; the decision to issue an emergency permit is solely at the discretion of the director, subject to the provisions of this chapter. (Ord. 95-14 § 1 1995)

   A permit issued by the city for a development which is categorically excluded from the coastal development permit requirements pursuant to Public Resources Code Section 30610(e) whether within or outside the appealable area, shall be exempt from the notice and hearing requirements of this article. The city shall maintain a record of all permits issued for categorically excluded developments which shall be made available to the 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.

   The determination of whether a development is categorically excluded, non-appealable or appealable for purposes of notice, hearing and appeals procedures shall be made by the city planner at the time the application for development in the coastal zone is submitted and received for filing. 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 a part of the local coastal program. Where an applicant, interested person or the city has a question as to the appropriate designation for the development, the following procedures shall establish said determination:

   A.   The city shall make its determination as to what type of development is being proposed (i.e., categorically excluded, appealable, or non-appealable), and shall inform the applicant of the notice and hearing requirements for the particular development.

   B.   If the city's final determination is challenged by the applicant or interested person within five days of said determination, or if the city wishes to have the coastal commission make the determination, the city shall notify the coastal commission by telephone of the dispute/question and shall request an executive director's opinion.

   C.   The coastal commission executive director shall, within two working days of the city's request, (or upon completion of a site inspection where such inspection is warranted), transmit its determination as to whether the development is categorically excluded, non-appealable or appealable.

   D.   Where, after the coastal commission's executive director's investigation, the executive director's determination is not in accordance with the city's determination, the coastal commission shall hold a hearing for purposes of determining the appropriate designation for the area. The coastal commission shall schedule the hearing on the determination for the next coastal commission meeting (in the appropriate geographic region of the state) following the city's request.

   A.   Notice of Appealable Developments. Within ten calendar days of accepting an application for an appealable coastal development permit or at least ten calendar days prior to the first public hearing on a development proposal, the city shall provide notice by first class mail of pending application for appealable development. This notice shall be provided to each applicant, to all persons who have requested to be on the mailing list for that development project or for coastal decisions within the local jurisdiction, to all property owners and residents within one hundred feet of the perimeter of the parcel on which the development is proposed and to the coastal commission. The notice shall contain the following information:

   1.   A statement that the development is within the coastal zone;

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

   3.   The number assigned to the application;

   4.   A description of the development and its proposed location;

   5.   The date, time and place at which the application will be heard by the local governing body or hearing officer;

   6.   A brief description of the general procedure of local government concerning the conduct of hearing and local actions; and

   7.   The system for local and coastal commission appeals, including any local fees required.

   B.   Notice of Nonappealable Developments:

   1.   Notice of nonappealable developments which require a public hearing and which are not categorically excluded: Notice of developments within the coastal zone that require a public hearings, but which are not appealable pursuant to Section 11.124.130 herein, (and which an not categorically excluded) shall be provided in accordance with Section 17.124.090 above.

   C.   Notice of non-appealable developments when no public hearing is required: Notice of developments within the coastal zone which are appealable pursuant to Section 17.124.090 herein, and which do not require a public hearing under this ordinance (and which are not categorically excluded) shall be provided as follows: Within ten calendar days of accepting an application for a non-appealable coastal development permit on at least ten calendar days prior to the city's 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 project or, for coastal decisions within the local jurisdiction, to all property owners and residents within one hundred feet of the perimeter of the parcel on which the development is proposed, and to the coastal commission. The notice shall contain the following information:

   1.   A statement that the development is within the coastal zone;

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

   3.   The number assigned to the application a description of the development and its proposed location;

   4.   The date the application will be acted, upon by the local governing body or decision-maker;

   5.   The general procedure of the local government concerning the submission of public comments either in writing or orally prior to the local decision; and

   6.   A statement that a public comment period of sufficient time to allow for the submission of comments by mail will be held prior to the local decision.

   At least one public hearing shall be held on each application for an appealable or non-appealable coastal development permit application for a project in the R-3, R-4, P-R, R-R, C-R, M-H, C-1, C-2, C- M, OS-1, OS-R, or G zones, except that no hearing is required for the development of an accessory dwelling unit consistent with Chapter 17.117 of this code, unless the accessory dwelling unit is part of a larger project that requires a public hearing or if a variance is required. At least one public hearing shall be held on each application for an appealable coastal development permit application for a project in the R-1 and R-2 zones, except that no hearing is required for the development of an accessory dwelling unit consistent with Chapter 17.117 of this code, unless the accessory dwelling unit is part of a larger project that requires a public hearing or if a variance is required. Non-appealable coastal developments in the R- 1 and R-2 zones may be processed as administrative permits at a staff level pursuant to the noticing standards of this chapter for non-appealable developments. Such hearings shall occur no earlier than ten calendar days following the mailing of the notices required by this chapter. The public hearing shall be conducted in accordance with existing city procedures or in any other manner reasonably calculated to give interested persons an opportunity to appear and present their viewpoints, either orally or in writing. (Ord. O-2018-010 § 5, 2018: Ord. 04-02 § 2 (Exh. A (part)), 2004: Ord. 03-03 § 2 (Exh. B (part)), 2003)

   Where a public hearing is continued if a decision on a development permit is continued by the city to a time which is neither (a) previously stated in the notice provided pursuant to Section 17.124.090 nor (b) announced at the hearing as being continued to a time certain, the city shall provide notice of the further hearing (or action on the proposed development) in he same manner, and within the same time limits as established in Section 1.124.090.

   An action taken by the city on a coastal development permit may be appealed to the coastal commission for any of the following:

   A.   Developments approved by the city between the sea and the first public road paralleling the sea or within three hundred 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;

   B.   Developments approved by the city not included within Section 17.124.130(A) above, located on tidelands, submerged lands, public trust lands or within one hundred feet of any wetland, estuary or stream;

   C.   Developments approved by the city not included within subsection 17.124.130(B) above, located in a sensitive coastal resource area;

   D.   Any development which constitutes a major public works project or a major energy facility.

   A.   The grounds for appeals pursuant to Sections 17.124.130(A) shall be limited to one or more of the following:

   1.   The development fails to provide adequate physical access or public or private commercial use or interferes with such uses as set forth in the city's certified local coastal program;

   2.   The development fails to protect public views from any public road or from a recreational area to, and along, the coast as set forth in the city's certified local coastal program;

   3.   The development is not compatible with the established physical scale of the area or is not consistent with the level and scale of development provided for the area in the city's certified local coastal program;

   4.   The development may significantly and adversely alter existing natural landforms;

   5.   The development does not comply with shoreline erosion and geologic setback requirements as established in the city's certified local coastal program;

   B.   The grounds for appeal for any development reviewed pursuant to Sections 17.124.130(B), 17.124.130(C) and 17.124.130(D) shall be limited to an allegation that the development does not conform to the city's certified local coastal program.

   An action taken by the planning commission on a coastal development permit shall become final after the tenth working day following said action, unless an appeal to the city council is received at the public services department or city clerk's department within that time. At the time of this planning commission action, a "notice of planning commission action on a coastal development permit" shall be transmitted to the South Central district office of the coastal commission by registered mail. This notice shall contain the information specified and shall be sent to the individuals required as set forth in Section 17.124.210. This "notice of planning commission action on a coastal development permit," when received by the coastal commission, shall initiate the coastal commission's appeal period for appealable developments. In the event that no local appeal of the planning commission decision is made, the coastal commission's appeal period shall run until its expiration (ten working days commencing upon receipt of the city's "notice of planning commission action on a coastal development permit"). In the event that an appeal of a planning commission decision is made to the city council, pursuant to the procedures established in this Title, the coastal commission's appeal period on appealable developments shall not commence until receipt of the city's "notice of final local action on a coastal development permit," pursuant to the requirements of Section 17.124.210 (See Section 17.124.180, Coastal Commission Appeals.).

   Public hearings on appeals of planning commission determinations pursuant to Section 17.124.150 shall be held by the city council in accordance with Section 17.121.250 of this Title. A fee or charge for the appeal of an action on a coastal development permit shall not be required; however, this exemption from fees or other charges shall not be made for appeals associated with other local permits in addition to the coastal development permit. The city's decision to waive coastal development permit fees may make city costs incurred with such appeals reimbursable as an SB90 claim, state mandated programs. The city shall request SB90 reimbursement for such costs incurred.

   A.   Appellant shall be deemed to have exhausted local appeals for purposes of this chapter and shall be qualified as an aggrieved person pursuant to Section 17.006.0045 where the appellant has pursued his or her appeal to the city council as required by the city's appeal procedures, except that exhaustion of all local appeals shall not be required if any of the following occur:

   1.   The city requires an appellant to appeal to more local appellate bodies than have been certified as appellate bodies for permits in the coastal zone, in the implementation section of the local coastal program.

   2.   An appellant was denied the right of the initial local appeal by a local ordinance other than the implementation procedures of the certified local coastal program which restricts the class of persons who may appeal a local decision.

   3.   An appellant was denied the right of local appeal because local notice and hearing procedures for the development did not comply with the provisions of this chapter.

   4.   The city charges an appeal fee for the filing or processing of a coastal development permit appeal. Where a project is appealed by any two members of the coastal commission, there shall be no requirement of exhaustion of local appeals, provided, however, that the coastal commission shall transmit a "notice of commissioners' appeals" to the city council.

   B.   Upon receipt of such notice, the coastal commissioners' appeal may be suspended by the city council pending a decision on the merits of the appeal by the council if the decision of the city council is to modify or reverse the previous decision the coastal commissioners shall be required to file, if necessary, a new appeal of that decision.

   Any final appealable action taken by the city on a coastal development permit may be appealed to the coastal commission pursuant to the provisions of this chapter. The appeal must contain the following information:

   A.   The name and address of the permit applicant and appellant;

   B.   The date of the local government action;

   C.   A description of the development;

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

   E.   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;

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

   G.   The specific grounds for appeal;

   H.   A statement of facts upon which the appeal is based;

   I.   A summary of the substantial issues raised by the appeal.

   Any appeal of a final city decision on a coastal development permit shall be made to the coastal commission's South Central district office in person or by first class mail. The appellant shall also notify the applicant(s), any persons known to be interested in the application and the city of the filing of the appeal In addition, the city shall be provided with a copy of the appeal by the appellant. Notification shall be made by first class mail to said parties. Unwarranted failure to perform such notification may be grounds for dismissal of the appeal by the coastal commission. The coastal commission shall notify the city by mail and by telephone within twenty-four hours of the receipt of any such appeal.

   The coastal commission's ten working day appeal period shall begin upon the date of their receipt of the city's "notice of planning commission action on a coastal development permit" unless an appeal to the city council is made pursuant to this Title. In the vent that a local appeal of a planning commission action is made to the city council, the coastal commission's appeal period for appealable developments shall not commence until their receipt of a "notice of final local action" is received pursuant to Section 17.124.210.

   Upon receipt in the coastal commission office of an appeal by a qualified appellant, the executive director of the commission shall notify the permit applicant and the city that the operation and effect of the local coastal development permit has been stayed pending coastal commission action on the appeal by the coastal commission as required by Public Resources Code Section 30623(b). 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 of the commission all relevant documents and materials used by the local government in its consideration of the coastal development permit application. If the coastal commission fails to receive the documents and materials, the commission shall set the matter for hearing and the hearing shall be left open until all relevant materials are received.

   Within ten working days of a final coastal commission action on an appeal from a city decision, the coastal commission shall transmit notice of the action taken to the city, the applicant and the appellant.

   A.   Notice after Final City Decision: (This section shall not apply to categorically excluded development). Within seven calendar days of a final city decision on an application for any coastal development permit, the city shall provide notice of its action by first class mail to the coastal commission's South Central Coast district office, and to any persons who specifically requested notice of such final action by submitting a self-addressed, stamped envelope to the city and a reasonable fee to process such notice. Such notice shall include conditions of approval and written findings and the procedures for appeal of the local decision to the coastal commission.

   B.   Failure to Act--Notice.

   1.   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 65950 through 65957.1 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.

   2.   Notification by city when the city determines that the time limits established pursuant to Government Code Sections 65950 through 65957.1 have expired, the city shall, within seven calendar days of such determination, notify any person entitled to receive notice pursuant to Section 12.124.210.1 that it has taken final action by operation of law pursuant to Government Code Sections 65950 through 65957.1. The appeal period for appealable developments approved by operation of law shall begin to run only upon the receipt of said notice in the coastal commission's South Central Coast district office. (This section shall apply equally to a local government 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.)

   A city decision on an application for a coastal development permit shall be deemed final when (1) the city 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 city's certified local coastal program and, where applicable, with the public access and recreation policies of Chapter 3 of the Coastal Act, and (2) when all local rights of appeal have been exhausted pursuant to this Article.

   The city's final decision on an application for an appealable development shall become effective after then ten working day appeal period to the coastal commission has expired or after the twenty-first calendar day following the final city action unless any of the following occur:

   A.   An appeal is filed in accordance with Section 17.124.180.

   B.   The notice of final city action does not meet the requirements of Section 17.124.210

   C.   The notice of final local government action is not received in the coastal commission's South Central Coast Regional office and/or distributed to interested parties in time to allow for the ten working day appeal period within the twenty-one days after the local decision.

   Where any of the circumstances in subsections (A) through (C) above occur, the coastal commission shall, within five calendar days of receiving notice of that circumstance, notify the city and the applicant that the effective date of the city action has been suspended.