Division 13B.9 — COASTAL DEVELOPMENT

City of Los Angeles Zoning Code Chapter 1A

Purpose. It is the purpose of this Section to provide for the approval or denial of Coastal Development Permits, prior to the certification of the Local Coastal Program, in accordance with California Public

Resources Code, Sec. 30600(b) . In adopting the California Coastal Act of 1976 the State Legislature finds and declares:

• That the California Coastal Zone is a distinct and valuable natural resource of vital and enduring

interest to all the people and exists as a delicately balanced ecosystem.

• That the permanent protection of the State's natural and scenic resources is a paramount concern

to present and future residents of the State and nation.

• That to promote the public safety, health, and welfare, and to protect public and private property, wildlife, marine fisheries, and other ocean resources, and the natural environment, it is necessary

to protect the ecological balance of the coastal zone and to prevent its deterioration and

destruction.

A. Applicability

1. Definitions

For the purpose of this Section the following words and phrases are defined:

Aggrieved Person. Any person who, in person or through a representative, appeared at a hearing

on the application for a Coastal Development Permit, or appeal hearing in connection with the

decision or action appealed, or who, by other appropriate means prior to a hearing, informed

the permit issuing authority, or appeal body of the nature of his or her concerns or who for

good cause was unable to do either. "Aggrieved person" includes the applicant for a Coastal

Development Permit.

Coastal Zone. That land and water area within the City as specified on maps prepared by the

California Coastal Commission, copies of which are on file with the Department of City Planning and the Office of City Engineer. Such "Coastal Zone" extends seaward to the City's outer limit

of jurisdiction, and generally extends inland 1000 yards from the mean high tide line of the sea. In significant coastal estuarine, habitat and recreational areas it extends inland to the first major ridgeline paralleling the sea or five miles from the mean high tide line of the sea, whichever is less,

and in developed urban areas the zone extends inland 1000 yards.

Development. On land, in or under water, the placement or erection of any solid material or structure;

discharge or disposal of any dredged material or of any gaseous, liquid, solid, or thermal waste;

grading, removing, dredging, mining, or extraction of any materials; change in the density or

intensity of the use of land, including, but not limited to, subdivisions pursuant to the Subdivision

Map Act (commencing with Sec. 66410 of the California Government Code ), and any other

division of land, including, but not limited to, parcel maps and private street divisions, lot splits, lot

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reconfigurations, and mergers, except where the land division is brought about in connection with

the purchase of such land by a public agency for public recreational use; change in the intensity

of use of water, or of access thereto; construction, reconstruction, demolition, or alteration of

the size of any structure, including any facility of any private, public, or municipal utility; and the

removal or harvesting of major vegetation other than for agricultural purposes, kelp harvesting,

and timber operations which are in accordance with a timber harvesting plan submitted pursuant

to the provisions of the Z'berg-Nejedly Forest Practice Act of 1973 (commencing with Sec. 4511 of the California Public Resources Code) . As used in this definition, "structure" includes, but is not limited to, any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical

power transmission and distribution line.

Feasible. Capable of being accomplished in a successful manner within a reasonable period of time,

taking into account economic, environmental, social and technological factors.

Local Coastal Program (LCP). The City's land use plans and other applicable general plan elements,

zoning ordinances, zoning district maps, and proposed implementing actions, which when taken

together, meet the requirements of, and implement the provisions and policies of, the California

Coastal Act of 1976.

Permit. Any license, certificate, approval, or other entitlement for use granted, conditionally granted,

or denied by any public agency, which is subject to the provisions of this Section .

Public Project. Any development initiated by the Department of Public Works or any of its bureaus,

any development initiated by any other department or agency of the City, and any development

initiated or to be carried out by any other governmental agency which is required to obtain a

local government permit. Public Project shall not include any development by any department

or agency of the City or any other governmental entity which otherwise requires action by or approval of the City Planning Commission, Area Planning Commission or the Office of Zoning

Administration, or any development by any department or agency of the City or any other

government entity for which a permit from the Department of Building and Safety is required.

Public Project shall also not include any development on tidelands, submerged lands, or on public trust lands, whether filled or unfilled. (Definition Amended by Ord. No. 173,268, eff. 7/1/00, Oper.

7/1/00.)

Sea. The Pacific Ocean and all harbors, bays, channels, canals, estuaries, salt marshes, sloughs and

other areas subject to tidal action through any connection with the Pacific Ocean, excluding nonestuarine rivers, streams, tributaries, creeks, and flood control and drainage channels.

2. Use

No Development shall be undertaken in the Coastal Zone unless and until an application for

such Development has been submitted to the City for a Coastal Development Permit and such

Permit has been obtained from the appropriate City Department in conformance with the provisions of this Section and has become final. Where the particular coastal project requires

a Coastal Development Permit from the Commission in addition to the one obtained from the

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City, no development may be commenced until both such permits have been obtained, and both have become final.

Exception

The provisions of this Section shall not apply to developments which do not need locally

issued Coastal Development Permits under the Coastal Act of 1976 or Division 5.5 Title

14 California Coastal Commission Regulations, of the California Code of Regulations . A current copy of these regulations is on file with the Department of City Planning and the Office of City Engineer. This exception shall not relieve any person from obtaining from

the proper authority a Coastal Development Permit for a Development within the Coastal

Zone where such permit is required but can only be issued by the California Coastal

Commission or the Executive Director. The provisions of this Section shall also not apply to any development on tidelands, submerged lands, or on public trust lands, whether filled or unfilled; any development by a public agency for which a local government permit

is not otherwise required; any emergency repair authorized by Sec. 30611 of the Public

Resources Code ; any permits authorized to be issued by the Executive Director of the

California Coastal Commission pursuant to Sec. 30624 of the Public Resources Code ; and

any other permits over which the City is not authorized to exercise the option provided for

in Subdivision (b) of Sec. 30600 of the Public Resources Code .

B. Initiation

Proceedings for a Permit shall be initiated by the filing of a verified application upon a form

or forms prescribed for that purpose. An application for a Coastal Development Permit for a

public project, or for a private project where the approval for the underlying permit is within the jurisdiction of the City Engineer shall be filed in the public office of the City Engineer. All other applications for Coastal Development Permits shall be filed in a public office of the Department of

City Planning.

1. All applications filed with the City Engineer and the Department of City Planning shall be

accompanied by the following data:

a. An adequate description of the project including, but not limited to maps, plans,

photographs, drawings, etc., of the proposed development, project site and vicinity sufficient to determine whether the project complies with all relevant policies of the California Coastal Act of 1976. Each application shall contain sufficient information

concerning land and water areas in the vicinity of the site of the proposed project,

(whether or not owned or controlled by the applicant) so that the permit issuing authority

will be adequately informed as to present uses and plans, both public and private, insofar

as they can reasonably be ascertained for the vicinity surrounding the project site. The

description of the development shall also include any feasible alternatives or any feasible mitigation measures available which would substantially lessen any significant adverse

impact which the development may have on the environment. For purposes of this

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Section the term "significant adverse impact on the environment" shall be defined as in the

California Environmental Quality Act and the State and City Guidelines adopted pursuant

thereto.

b. A description and documentation of the applicant's legal interest in the property on which

the Development is to be located if the application were approved (e.g., ownership, leasehold, enforceable option, authority to acquire the specific property by eminent

domain.)

c. A dated signature by or on behalf of each of the applicants, attesting to the truth,

completeness, and accuracy of the contents of the application and, if the signer of the

application is not the applicant, written evidence that the signer is authorized to act as

the applicant's representative and to bind the applicant in all matters concerning the

application.

d. A statement of the status of the environmental documentation for the project and a copy

of the required environmental documentation.

e. Any additional information as may be required by the permit granting authority.

2. Filing Exception

Despite any other provisions of this Section or Code, an applicant may file an application

for a Permit at any point of the project approval process relating to his or her Development.

However, upon initiation of the project approval process by the applicant, said applicant shall

sign and notarize a form prescribed for this purpose which shall contain the following:

a. A statement advising the applicant that no permits or permission for a Development in the

Coastal Zone shall be issued unless and until a Permit has been approved in accordance

with the provisions of this Section .

b. A statement relieving the City of any legal or other responsibility in the event that failure to

apply for a Permit results in, or contributes to, a violation of Sec. 65950, 65951, or 65952

of the California Government Code.

C. Notice

1. Notice of Application – Posting

At the time the application is submitted for filing, the applicant must post, at a conspicuous

place, easily read by the public and as close as possible to the site of the proposed

development a notice that an application has been made for a Coastal Development Permit. Such notice shall contain specific information as to the nature of the proposed development

and be in a form as prescribed for that purpose.

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2. Notice of Public Hearing – Mailing

City of Los Angeles Zoning Code Chapter 1A

a. Hearing on Coastal Development Permit Combined with Other Hearing

The applicant shall furnish to the City, accompanying the application, a list containing the

name and address of each property owner of record and the addresses of all residences,

including apartments within 300 feet from each boundary of the site of the proposed

development. Where the hearing on the Coastal Development Permit is to be combined

with a public hearing otherwise required by this Code for the proposed development, and the provisions of this Code require notification to persons beyond 300 feet of the site of the proposed development, no separate list shall be required, and all persons notified of the hearing for the proposed development shall also be notified that the hearing shall

include the application for a Coastal Development Permit. Notice of such hearing, at least

24 days prior, shall also be sent to an occupant of all residences, including apartments

within 300 feet of the boundary of the proposed development, all persons known, or thought to have a particular interest in the application, the Certified Neighborhood Council

representing the area in which the property is located, and all other persons requesting

notice.

b. Hearing on Coastal Development Permit Only

For those projects for which no hearing would otherwise be required by law, the

appropriate City agency shall notify by mail, at least 24 days prior to the hearing, the

following:

i. Those persons whose names appear on the list of property owners within 300 feet of

the boundary of the site of the proposed development;

ii. An occupant of all residences, including apartments, within 300 feet of the boundary

of the site of the proposed development. This requirement can be met by mailing such

notice to "occupant" of the subject residence;

iii. Those persons known or thought to have a particular interest in the application;

iv. The Certified Neighborhood Council representing the area in which the property is

located; and

v. All other persons requesting notice.

3. Charges for Notification

No person requesting notification of any application, hearing, or decision by any permit granting authority or any notification of hearing or decision on any appeal therefrom shall be required to bear the cost of any such notification.

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D. Decision

1. Proceedings and Hearing

City of Los Angeles Zoning Code Chapter 1A

a. To the extent possible, any Permit application for a Development within the Coastal Zone

shall be processed in accordance with established policies and procedures of a permit

granting authority in conformance with the provisions of this Code.

b. At the public hearing, all interested persons shall be afforded a reasonable opportunity to

testify and present evidence.

2. Determination

a. Authority

A permit granting authority, including any appellate body, shall have the authority to

approve, conditionally approve, or disapprove any application for a Permit under the

provisions of the California Coastal Act of 1976; and, standards as established by Division

5.5 Title 14 of the California Code of Regulations .

b. Conditions of Approval

In approving an application for a permit under the provisions of this Section, the City

shall impose such reasonable terms and conditions as it deems necessary to assure a

development that is in accordance with the provisions of the California Coastal Act of

1976 and those other criteria set forth in Subsection E. (Standards for Review and Required

Findings) of this Section .

3. Notification of Determination

A copy of the permit granting authority's action approving, conditionally approving, or disapproving any application for a Coastal Development Permit, along with any findings made

and conditions imposed in connection therewith, shall be mailed to the applicant and to any

person or persons who, in writing, request a copy of such action.

4. Transmittal of Notice of Final Action to the Coastal Commission

a. After the decision of the last appeal body, or the time within which any appeal can

be taken has expired, the permit granting authority, including any appeal body whose action became final on the permit, shall transmitted a copy, by mail, with return receipt

requested, of the notice of permit issuance or permit denial to the Executive Director of the Coastal Commission. Such notice shall include the requisite findings, a project

description, and a verbatim copy of any conditions attached to the permit, all as required

by Sec. 13302(g) of the California Coastal Commission Regulations . Notice shall also be

mailed to the applicant, the appellant, and any persons who, in writing, requested such

notice.

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b. The decision of the permit granting authority, or any appeal body to approve issuance

of a permit shall not be deemed to be final and no Coastal Development Permit may be

issued until 20 working days have expired from the date said notice of permit issuance is

deemed received by said Executive Director and without an appeal having been taken to

the Coastal Commission.

c. If a timely, valid appeal is taken to the Coastal Commission, the operation and effect of the

Coastal Development Permit is stayed pending final action on the appeal by the Coastal Commission, and the City shall within five working days of the receipt of such notice,

deliver to the Executive Director copies of all relevant documents and materials used by

the City in its consideration of the permit application.

d. If no appeal is taken within 20 working days of the date of the notice of the City's decision

to issue a permit is deemed received by the Executive Director, the applicant may

commence utilization of the permit. If no timely appeal is taken from the City's decision to deny a permit, such decision is final.

e. Neither an applicant nor any other party may appeal the approval, conditional approval,

or disapproval of any permit to the Coastal Commission unless and until the City has completed its review of the permit application, has taken final action, and has formally notified the Coastal Commission that the Coastal Development Permit is final.

E. Standards for Review and Required Findings

The permit granting authority shall have the authority to approve, conditionally approve or

disapprove any application for a Permit under the provisions of the California Coastal Act of

1976; and, standards as established by Division 5.5 Title 14 of the California Code of Regulations .

In making its determination under the provisions of this Section, the permit granting authority,

including any appellate body, shall not approve, or conditionally approve a permit unless it makes written findings, including specific factual findings, supporting the following conclusions:

1. That the development is in conformity with Chapter 3 of the California Coastal Act of 1976

(commencing with Sec. 30200 of the California Public Resources Code ).

2. That the permitted development will not prejudice the ability of the City to prepare a Local

Coastal Program that is in conformity with Chapter 3 of the California Coastal Act of 1976.

3. That the Interpretative Guidelines for Coastal Planning and Permits as established by the

California Coastal Commission dated February 11, 1977 and any subsequent amendments

thereto have been reviewed, analyzed, and considered in the light of the individual project in

making its determination.

4. That the decision of the permit granting authority has been guided by any applicable decision

of the California Coastal Commission pursuant to Sec. 30625(c) of the Public Resources Code .

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5. If the development is located between the nearest public road and the sea or shoreline of any

body of water located within the Coastal Zone that the development is in conformity with the

public access and public recreation policies of Chapter 3 of the California Coastal Act of 1976.

6. Any other finding or findings as may be required for the development by the California

Environmental Quality Act.

F. Scope of Decision – Extension of Permits

1. Prior to the expiration of a Coastal Development Permit, an applicant may apply to the

initial approving authority of the original permit for an extension of the permit for a period

of one year. This request shall automatically extend the expiration date of the permit until

the approving authority has acted upon the request and the approving authority's action becomes effective. However, if construction has not commenced at the time the application

for extension is made, construction may not commence during the period of the automatic extension until the approving authority has acted upon the request and it becomes effective.

The application shall state the reasons for the request and shall be accompanied by evidence

of a valid, unexpired permit and of the applicant's continued legal ownership interest in the

property. The applicant shall also furnish to the City the information required in Subsection C.

(Notice) of this Section .

2. The approving authority, in considering the request for extension, shall determine whether

there are changed circumstances that may affect the consistency of the project with the findings required under Subsection E. (Standards for Review and Required Findings) of this

Section .

3. If the approving authority determines that there are no changed circumstances that may

affect the consistency of the project with the findings required under Subsection E. (Standards

for Review and Required Findings) of this Section, notice of the determination, including

a summary of the procedures set forth in this Subsection, shall be posted on the subject property by the applicant and shall be mailed, by first class mail by the appropriate City agency, to all persons who testified at any public hearing on the original permit and left their names

and addresses, or submitted written testimony or to any other persons requesting notice.

4. If no written objection to the determination is received within 10 working days of the posting

and mailing, the extension shall be approved.

5. If the approving authority determines that, due to changed circumstances, the proposed

development is no longer consistent with the findings required in Subsection E. (Standards

for Review and Required Findings) of this Section, or if objection is made to the determination

of consistency, the approving authority shall set the matter for public hearing and give notice

in accordance with the provisions of Subsection C. (Notice) of this Section . In addition,

the approving authority shall notify any persons who objected to the approving authority's

determination of consistency.

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6. The approving authority shall make a determination based on the facts presented at the public

hearing. If the proposed development is determined to be consistent with the findings required

in Subsection E. (Standards for Review and Required Findings) of this Section, the extension

shall be approved. If the proposed development is determined to be inconsistent with these

requirements, the extension shall be denied.

7. Notice of any action taken by the approving authority on an application for an extension of a permit shall be provided as set forth in Subsection D.3 (Decision; Notification of

Determination) of this Section .

8. Any action taken by the approving authority on an application for an extension of a permit is

appealable to the first City appellate body referenced in Subsection G. (Appeals) of this Section

in the same manner as an appeal of the original permit as set forth in Subsection G. (Appeals)

of this Section .

9. The notification procedures and the procedures applicable to appeals to the Coastal

Commission set forth in Subsection C. (Notice) of this Section are applicable to applications

for extensions of permits.

G. Appeals

1. Appellate Procedures

Appeals from the approval, conditional approval, or disapproval of a permit under the

provisions of this Section, may be taken by the applicant or any aggrieved person as follows:

a. Where a Coastal Development Permit hearing has been combined with the hearing on

the project itself, an appeal may be taken to the appellate body that would hear and

decide the appeal from the underlying project. If the appeal from any underlying project

is further appealable to a second appellate body, the Coastal Development Permit is

likewise further appealable. The appellate body may be the Area Planning Commission,

City Planning Commission, or City Council depending on the underlying project. The time

within which to appeal shall be the same as that provided for an appeal of the project

itself, but the decision of the permit granting authority on the coastal permit may be

separately appealed, without appealing the action on the underlying project. The times for notification of hearing and action on such appeal shall be the same as for the underlying

project, whether or not such underlying project is also appealed.

b. Where a Coastal Development Permit application is for a public project, the action of the

City Engineer may be appealed to the Board of Public Works. Such appeal shall be filed with the Office of the City Engineer within 15 calendar days (including at least 10 working

days} of the mailing of the decision of the permit granting authority.

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c. Where a Coastal Development Permit (other than for a public project) involves an

underlying activity, which is not otherwise appealable, the action of a permit-granting

authority on an application may be appealed to the Area Planning Commission. That appeal shall be filed with the Area Planning Commission within 15 calendar days (including

at least 10 working days) of the mailing of the decision of the permit-granting authority.

d. Any appeal filed with either the City Engineer or the Area Planning Commission shall be

heard and decided within 30 calendar days of the filing of the appeal. Notice shall be

mailed to the required parties at least 10 calendar days prior to the hearing.

e. Action on any appeal shall be in writing. If the action of any appeal body is further

appealable within the City's appeal structure, notice of such intermediate appeal body's

action approving, conditionally approving or disapproving any appeal of a Coastal Development Permit along with the findings and conditions imposed in connection

therewith, as set forth in Subsection E. (Standards for Review and Required Findings) of this

Section, shall be mailed to the applicant, the appellant, and to any person or persons who,

in writing, request a copy of such action.

f. No fee shall be charged for appeals of a Coastal Development Permit.

H. Amendments to Permits

1. The holder of a Coastal Development Permit may apply to amend the permit by filing a

written application with the initial approving authority who approved the original permit.

The application shall contain a description of the proposed amendment, the reason for the

amendment, together with maps, plans or any other information as may be required by the

approving authority, and shall be accompanied by evidence of a valid, unexpired permit and

of the applicant's continued legal ownership interest in the property. The applicant shall also

furnish to the City the information required in Subsection C. (Notice) of this Section . If the

application is deemed complete and accepted, the approving authority shall determine if the

requested amendment constitutes an immaterial or material change to the permit.

2. For applications representing immaterial changes, the approving authority shall prepare

a written notice containing the same information required for the notice of the original

application for a Coastal Development Permit, a description of the proposed amendment and

a summary of the procedures outlined in this Subsection . The notice shall be posted on the subject property by the applicant and shall also be mailed, by first class mail by the appropriate City agency, to all persons who testified at any public hearing on the original permit and

left their names and addresses, or submitted written testimony or to any other persons who requested to be notified. If no written objection is received by the approving authority

within 10 working days of the posting and mailing, the approving authority shall approve the amendment provided the following findings are made:

a. That the proposed amendment will not lessen or avoid the intended effect of the original

permit, as approved or conditioned consistent with the findings required in Subsection

E. (Standards for Review and Required Findings) of this Section, unless the proposed

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amendment is necessitated by a change in circumstances, and the applicant has presented

newly discovered material which he or she could not, with reasonable diligence, have

discovered and produced before the original permit was granted;

b. That the proposed amendment will not lessen or eliminate any conditions imposed for the

purpose of protecting a coastal resource or coastal access consistent with the findings

required by Subsection E. (Standards for Review and Required Findings) of this Section ;

c. That all of the findings required by Subsection E. (Standards for Review and Required

Findings) of this Section can still be made;

d. That the proposed amendment will not result in any increase in the density or intensity of

the project; and

e. That the proposed amendment will not cause any adverse impact on surrounding

properties.

3. For applications representing material changes, applications whose immateriality has been

challenged or applications for amendments which affect coastal resource or coastal access

protection as required by Sec. 30604 of the California Public Resources Code, the approving

authority shall set the matter for public hearing and shall give notice in accordance with the

provisions of Subsection C. (Notice) of this Section . The approving authority shall also notify

all persons who objected to the approving authority's determination of immateriality. If the approving authority can make the findings contained in Subdivision 2. above, it shall approve

the application for amendment to the permit. If the approving authority cannot make the findings referenced above, the application for amendment shall be denied.

4. Notice of any action taken by the approving authority on an application for an amendment to

a permit shall be provided as set forth in Subsection D.3 (Decision; Notice of Determination) of

this Section .

5. Any action taken by the approving authority on an application for an amendment to a permit

is appealable in the same manner as an appeal on the original permit as set forth in the

Subsection G. (Appeals) of this Section .

6. The notification procedures and the procedures applicable to appeals to the Coastal

Commission set forth in Subsection D.4 (Decision; Transmittal) of this Section are applicable to

applications for amendments to permits.

I. Enforcement

1. Violations

Any violation of the provisions of this Section and Code relating to the processing of permits

shall be subject to enforcement and penalties of Chapter 9 of the California Coastal Act of

1976 and subsequent amendments thereto.

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2. Revocation

City of Los Angeles Zoning Code Chapter 1A

Any permit application filed or approved under the provisions of this Section or Code may be immediately terminated or revoked by the permit granting authority upon a finding that one or

more of the following grounds exist:

a. That inaccurate, erroneous or incomplete information was filed or presented in

conjunction with said permit application.

b. That names and addresses of all property owners as shown on the records of the City

Engineer or of the County Assessor, were not provided within the required radius of the

involved property in conformity with the requirements of this Section and Code.

c. That the addresses of all residential occupancies within 300 feet of each boundary of the

site of the proposed development were not provided.

d. That the applicant failed to post and maintain the required notice at the project site in

accordance with Subsection C. (Notice) of this Section .

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City of Los Angeles Zoning Code Chapter 1A

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A. Applicability

1. Requirement of a Coastal Development Permit

A Coastal Development Permit issued by the City in conformance with the provisions of this

Section is required for all Coastal Development located within an area of the City covered by a certified Local Coastal Program, unless:

a. The Coastal Development is exempted under Paragraph 4. (Exemptions) below; or

b. The proposed project site lies completely within the Coastal Commission Permit

jurisdiction; or

c. The Coastal Commission previously issued a Coastal Development Permit for the Coastal

Development.

2. Amendments

Amendments to these procedures are not effective until certified by the Coastal Commission.

3. Definitions

The following definitions apply to the Coastal Zone of the City within areas subject to certified Local Coastal Programs. Words and phrases not defined here shall be construed as defined in Sec. 12.03. (Definitions) of Chapter I. (General Provisions and Zoning) of this Code or the California Coastal Commission Regulations, if defined there.

Appealable Area. The area identified in Sec. 30603 of the Public Resources Code . The area that

meets this criteria includes, but is not limited to, the area shown on the “Post-LCP Certification Permit and Appeals Jurisdiction Map” certified by the Coastal Commission in accordance with

the provisions of Sec. 13576 of Title 14 of the California Code of Regulations and attached as an exhibit in each certified coastal Specifc Plani .

Appealable Development. In accordance with Sec. 30603(a) of the Public Resources Code, any

development that constitutes a major public works project or a major energy facility, or any

development located in the Appealable Area.

Applicant. The person, partnership, corporation, or other entity or state or local government agency

applying for the Coastal Development Permit.

Approving Authority. The initial decision maker and appeal body, including the Director, City Engineer,

Zoning Administrator, City Planning Commission, Area Planning Commission, Board of Public

Works, City Council or other applicable decision-making person or body within the City, which

has the authority to approve a Coastal Development Permit pursuant to this Section or by reason

of jurisdiction over other permits and approvals sought in conjunction with an application for a

Coastal Development Permit.

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Categorically Excluded Development. A development, which is excluded from the Coastal

Development Permit requirements pursuant to a categorical exclusion order adopted by the Coastal Commission that sets forth the specific categories of development that qualify for the exclusion within a specific geographic area, and which establishes that those categories of development in the specified geographic areas will have no potential for significant adverse effects, either individually or cumulatively on coastal resources or on public access to or along the

coastline.

Coastal Bluff. The upper termination of a bluff, cliff, or seacliff. In cases where the top edge of the cliff

is rounded away from the face of the cliff as a result of erosional processes related to the presence of the steep cliff face, the bluff line or edge shall be defined as that point nearest the cliff beyond

which the downward gradient of the surface increases more or less continuously until it reaches the general gradient of the cliff. In a case where there is a steplike feature at the top of the cliff face, the landward edge of the topmost riser shall be taken to be the cliff edge. The termini of the bluff line, or edge along the seaward face of the bluff, shall be defined as a point reached by bisecting the angle formed by a line coinciding with the general trend of the bluff line along the inland facing portion of the bluff. The minimum length of bluff line or edge used in making these

determinations is 500 feet.

Coastal Development. Any of the following on land, in or under water: the placement or erection

of any solid material or structure; the discharge or disposal of any dredged material or of any

gaseous, liquid, solid or thermal waste; the grading, removing, dredging, mining or extraction

of any materials; any change in the density or intensity of use of land, including, but not limited

to, subdivisions pursuant to the Subdivision Map Act (commencing with California Government

Code Sec. 66410 ), and any other division of land, including lot splits, except where the land

division is brought about in connection with the purchase of the land by a public agency for

public recreational use; any change in the intensity of use of water or of access to the water;

construction, reconstruction, demolition or alteration of the size of any structure, including

any facility of any private, public or municipal utility; and the removal or harvesting of major

vegetation other than for agricultural purposes, kelp harvesting, and timber operations, which are

in accordance with a timber harvesting plan submitted pursuant to the provisions of the Z’berg Nejedly forest Practice Act of 1973 (commencing with Sec. 4511 of the Public Resources Code ).

Coastal Zone. That land and water area specified on the maps cited in Sec. 30103 of the Public

Resources Code, extending seaward to the State’s outer limit of jurisdiction, including all offshore islands, but with some additional criteria for special areas as specified in Sec. 30103.5 and 30166 of

the Public Resources Code .

Disaster. Fire, flood, wind, earthquake, or other natural or man-made disaster.

Emergency. A sudden, unexpected occurrence demanding immediate action to prevent or mitigate

loss or damage to life, health, property or essential public services.

Environmentally Sensitive Habitat Area. Any officially mapped area in which plant or animal life

or their habitats are either rare or especially valuable because of their special nature or role

in an ecosystem and which could easily be disturbed or degraded by human activities and

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developments, and any area identified as a wetland, an environmentally sensitive habitat or as a Sensitive Coastal Resource Area, in a certified Local Coastal Program, a certified land use plan or a certified Specifc Plani .

First Public Road Paralleling the Sea. That road nearest to the sea, as defined in Sec. 30115 of the

Public Resources Code, which: (a) is lawfully open to uninterrupted public use and is suitable for

that use; (b) is publicly maintained; (c) is an improved, all-weather road open to motor vehicle traffic in at least one direction; (d) is not subject to any restrictions on use by the public except

when closed due to an emergency or when closed temporarily for military purposes; and (e) does,

in fact, connect with other public roads, providing a continuous access system, and generally

parallels and follows the shoreline of the sea to include all portions of the sea where the physical

features, such as bays, lagoons, estuaries and wetlands cause the waters of the sea to extend

landward from the generally continuous coastline.

Public Project. Any development initiated by the Department of Public Works or any of its bureaus,

any development initiated by any other department or agency of the City, and any development

initiated or to be carried out by any other governmental agency that is required to obtain a

local government permit. Public Project shall not include any development by any department

or agency of the City or any other governmental entity that otherwise requires action by or approval of the City Planning Commission, Area Planning Commission, or the office of Zoning

Administration, or any development by any department or agency of the City or any other

government entity for which a permit from the Department of Building and Safety is required.

Public Project shall also not include any development on tidelands, submerged lands, or on public trust lands, whether filled or unfilled.

Wetland. Lands within the Coastal Zone, which may be covered periodically or permanently with

shallow, water and include saltwater marshes, freshwater marshes, open or closed brackish water marshes, swamps, mudflats and fens.

4. Exemptions

The following types of Coastal Development are exempt from the requirement to obtain a

Coastal Development Permit in accordance with the provisions of this Section :

a. Improvements to Existing Structures

i. Improvements to any existing structure are exempt. For purposes of this Section, in

order to qualify as an improvement, the Coastal Development shall retain 50 percent

or more of the existing exterior walls of the building or structure. In addition, the

following shall be considered a part of an existing structure:

a) All fixtures and other structures directly attached to the existing structure and

landscaping on the lot; and

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b) For single-family residences, in addition to Sub-subparagraph a. above, structures

on the property normally associated with a single-family residence, such as

garages, swimming pools, fences and storage sheds, but not including guest

houses or self-contained dwelling units, shall also be considered part of that

structure.

ii. Despite the exemption provided in Subparagraph i. above, the following improvements

require a Coastal Development Permit:

a) Improvements to any structure on a beach, Wetland, stream or lake, seaward of

the mean high tide line, where the structure or proposed improvement would encroach within 50 feet of the edge of a Coastal Bluff, stream or in areas of natural vegetation designated by resolution of the Coastal Commission as a significant natural habitat, or identified in a certified local coastal plan or Specifc Plani as a significant natural habitat; or within 100 feet of the edge of a Coastal Bluff if the

structure is a single family dwelling;

b) Any significant alteration of land forms, including the removal or placement of

vegetation, on a beach, Wetland or sand dune, or within 100 feet of the edge of a Coastal Bluff or stream or in areas of natural vegetation designated by resolution of the Coastal Commission or in a certified Specifc Plani as a significant natural habitat; or within 50 feet of the edge of a Coastal Bluff if the structure is a single

family dwelling;

c) The expansion or construction of water wells or septic systems;

d) Improvements to any structure on property located in the Appealable Area that

would result in:

1. An increase of 10 percent or more of internal floor area of the existing

structure; or

2. An additional improvement of 10 percent or less where an improvement to the

structure has previously been undertaken pursuant to Public Resources Code

Sec. 30610(b) ; and/or

3. An increase in height by more than 10 percent of an existing structure.

e) Improvements to any structure on property in the non-appealable area that would

result in an increase of 10 percent or more of internal floor area of the existing

structure;

f) Improvements to any structure in significant scenic resource areas as designated by the Coastal Commission or in a certified Specifc Plani that would result in:

1. An increase of 10 percent or more of internal floor area of the existing

structure; or

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2. An additional improvement of 10 percent or less where an improvement to the

structure has previously been undertaken pursuant to Public Resources Code

Sec. 30610(b) ; and/or

3. An increase in height by more than 10 percent of an existing structure.

g) In areas the Coastal Commission has previously declared, by resolution after public

hearing, to have a critically short water supply that must be maintained for the

protection of coastal resources or public recreational use, the construction of any specific major water-using Coastal Development including, but not limited to,

swimming pools, or the construction or extension of any landscaping irrigation

system;

h) Any improvement to a structure where the development permit issued for

the original structure by the Coastal Commission indicated that any future

improvements would require a Coastal Development Permit;

i) Any improvement to a structure that results in a Change in the intensity of Use of

the structure; and

j) Any improvement made pursuant to a conversion of an existing structure from a

multiple unit rental use or visitor-serving commercial use to a use involving a fee

ownership or long-term leasehold, including, but not limited to, a condominium

conversion, stock cooperative conversion or hotel/motel timesharing conversion.

b. Repair and Maintenance Activities of Public Utilities

Repair and maintenance activities of public utilities as specified in the repair, maintenance

and utility hook-up exclusion adopted by the Coastal Commission on September 5, 1978.

c. Other Repair and Maintenance

Repair and maintenance activities that do not result in a material addition to or an enlargement or expansion of the object of those activities, except as otherwise specified

by the Coastal Commission in Sec. 13252 of Title 14 of the California Code of Regulations,

and any amendments subsequently adopted, except if the repairs or maintenance involve

any of the following:

i. 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 pilings 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 a beach

or in coastal waters, streams, Wetlands, estuaries and lakes or on a shoreline

protective work except for agricultural dikes within enclosed bays or estuaries;

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c) The replacement of 20 percent or more of the materials in 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 sand area or bluff or within 20 feet of

coastal waters or streams.

ii. Any method of maintenance dredging that involves:

a) The dredging of 100,000 cubic yards or more within a 12 month period;

b) The placement of dredge spoils of any quantity within an Environmentally Sensitive

Habitat Area, on any sand area, within 50 feet of the edge of a Coastal Bluff or

Environmentally Sensitive Habitat Area or within 20 feet of coastal waters or

streams; or

c) The removal, sale or disposal of dredge spoils of any quantity that would be

suitable for beach nourishment in an area that the Coastal Commission has

declared by resolution, or has been identified in a certified Local Coastal Program,

to have a critically short sand supply that must be maintained for protection of

structures, coastal access or public recreational use.

iii. Any repair or maintenance to facilities or structures or work located in an

Environmentally Sensitive Habitat Area, any sand area, within 50 feet of the edge of a Coastal Bluff or Environmentally Sensitive Habitat Area or within 20 feet of coastal

waters or streams that includes:

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.

iv. Unless destroyed by Disaster, the replacement of 50 percent or more of a seawall,

revetment, bluff retaining wall, breakwater, groin or similar protective work under

one ownership is not repair and maintenance under Sec. 30610(d) of the Public

Resources Code, but instead constitutes a replacement structure requiring a Coastal

Development Permit.

d. Replacement Structures

The replacement of any structure destroyed by a Disaster if the replacement structure

conforms to applicable existing zoning requirements, is for the same use as the destroyed structure, does not exceed either the floor area, height, or bulk of the destroyed structure by more than 10 percent and is sited in the same location on the affected property as the

destroyed structure.

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i. As used in this Subdivision, “bulk” means total interior cubic volume as measured from

the exterior surface of the structure.

ii. As used in this Subdivision, “structure” includes landscaping and any erosion control

structure or device, which is similar to that which existed prior to the occurrence of

the Disaster.

e. Categorically Excluded Development

Any Coastal Development that has been categorically excluded pursuant to a categorical

exclusion approved by the Coastal Commission.

f. Geologic Testing

Geologic testing that does not require other City permits, does not involve cutting access roads and does not remove significant vegetation.

g. Temporary Events

i. A temporary event that meets all of the following criteria:

a) Does not involve a charge for general public admission or seating; and

b) Will not restrict public access or use of roadways, parking areas, or recreational

areas; and

c) Will not either directly or indirectly impact Environmentally Sensitive Habitat

Areas, rare or endangered species, significant scenic resources, or other coastal

resources, such as water-oriented activities, visitor facilities, marine resources,

biological resources, agricultural lands, and archaeological or paleontological

resources.

ii. Any temporary event which has previously received a Coastal Development Permit,

will be in the same location, during the same time period, will be operated in the same

manner, and was not the subject of previous complaints.

B. Initiation

1. General

An application for a Coastal Development Permit shall be filed with either the Department

of City Planning or the City Engineer on a form provided by the Department and include

all information required by the instructions on the application and any applicable adopted

guidelines.

a. Within 30 days of the submittal of the application and the payment of fees, the Director

or City Engineer, whichever has jurisdiction, shall determine whether the application is

complete.

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b. Prior to deeming an application complete, the Director or City Engineer shall determine,

and if necessary, advise the Applicant, of the processes to be followed, any additional

information required, and the fees to be paid. The Director or City Engineer shall adopt

guidelines and use them to determine when an application is deemed complete.

2. Jurisdiction

a. An application for a Coastal Development Permit for a public project, or for a private

project where the approval of the underlying permit is within the jurisdiction of the City Engineer, shall be filed in the office of the City Engineer.

b. All other applications for Coastal Development Permits shall be filed in a public office of

the Department of City Planning.

3. Preliminary Notice of Jurisdiction

a. At the time an application for Coastal Development is submitted, the Director or City

Engineer, whichever has jurisdiction, shall determine whether:

i. The development is within the Coastal Commission’s jurisdiction or the City’s

jurisdiction; and

ii. The development is located within the appealable or non-appealable jurisdiction of

the Coastal Zone; and

iii. The development is within an area designated by a certified Local Coastal Program or

within the area subject to the provisions of Sec. 12.20.1 (SL Ocean - Submerged Land

Zone) of Chapter I. (General Provisions and Zoning) of this Code; and

iv. The development is exempt or categorically excluded according to the criteria of

Subsection A.4. (Applicability; Exemptions) of this Section .

b. The Director or City Engineer shall use the following criteria: the certified Local Coastal

Program, including any maps, the Post LCP Certification Permit and Appeals Jurisdiction Map certified by the California Coastal Commission, land use designations, special programs and zoning ordinances that are certified as part of the Local Coastal Program

and categorical exclusion orders granted by the Coastal Commission.

c. If the preliminary notice of jurisdiction of the Director or City Engineer is challenged by

the Applicant or an interested person within 15 days after the determination is made, the

Director or City Engineer may request an opinion of the Coastal Commission Executive

Director. The decision of the Executive Director or the Coastal Commission pursuant to

Sec. 13569 of Title 14 of the California Code of Regulations shall apply.

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4. Notice of Exemption

City of Los Angeles Zoning Code Chapter 1A

a. After jurisdiction has been established and the Director or City Engineer has determined

that the Coastal Development is exempt pursuant to Subsection C. (Notice) of this

Section, the Director or the City Engineer, whichever has jurisdiction, shall issue a notice

of exemption for a Coastal Development which is exempt from the Coastal Development

Permit requirements. The Director or City Engineer shall mail a copy of the notice of

exemption to the Applicant and the Coastal Commission.

b. The City shall maintain a record of all notices issued for exempt Coastal Developments,

including 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 a list of issued permits or approvals currently maintained by the City, provided that

the record includes the Applicant’s name, the location of the Coastal Development, and a

brief description of the Coastal Development.

C. Notice

1. Notice of Coastal Development Permit Application

a. The City, at the Applicant’s expense, shall provide a Notice of Coastal Development Permit

Application by first class mail, pursuant to the requirements of this Subdivision .

b. The notice shall contain the following information:

i. A statement that the Coastal Development is within the Coastal Zone;

ii. The date of filing of the application and the name of the Applicant;

iii. The case number assigned to the application; and

iv. A description of the Coastal Development and its proposed location.

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2. Notice of Waiver of Public Hearing

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a. For Coastal Development in the Appealable Area where the requirement for a public

hearing is proposed to be waived, the City shall provide the following statement in the

manner provided in Subdivision 1. (Notice of Coastal Development Permit Application)

above: “The public hearing will be waived unless a hearing is requested by any person

within ten working days of the date of this notice. The failure to request a public hearing

may result in the loss of that person’s ability to appeal to the Coastal Commission the

City’s action on the Coastal Development Permit.”

b. For a Coastal Development that does not require a public hearing pursuant to this Section,

the notice shall contain the date the application will be acted upon by the Approving

Authority and the general procedure for submitting public comments in writing to the

Approving Authority prior to the decision date.

3. Notice of Public Hearing

a. For a Coastal Development that requires a public hearing pursuant to this Section, the

City, at the Applicant’s expense, shall provide a Notice of Public Hearing by first class mail

pursuant to the requirements of this Subdivision . This notice may be combined with the

Notice of Coastal Development Permit Application for applications that require a public

hearing.

b. The notice shall contain the following information:

i. A statement that the Coastal Development is within the Coastal Zone;

ii. The date of filing of the application and the name of the Applicant;

iii. The case number assigned to the application;

iv. A description of the Coastal Development and its proposed location;

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v. The date, time, and place at which the public hearing on the application will be heard;

vi. A brief description of the general procedure concerning the conduct of the public

hearing and City actions;

vii. The procedure for City and Coastal Commission appeals, if any, including any required

fees;

viii. If applicable, the criteria for eligibility to appeal to the Coastal Commission; and

ix. A statement that an interested person must request to be on the mailing list for the

particular Coastal Development in order to receive notice of the written determination

and in order to appeal to the City.

4. Continuation of Public Hearing – Notice

If a decision on a Coastal Development Permit is continued to a time which is neither

previously stated in the notice of public hearing provided pursuant to this Subsection, nor

announced at the hearing as being continued to a time certain, notice of the further hearings

or action on the proposed Coastal Development shall be provided in the same manner, and

within the same time limits, as established in this Subsection .

5. Posted Notice

The Applicant must post, in a conspicuous place, and as close as possible to the proposed Coastal Development, the City’s notice that an application has been filed for a Coastal Development Permit. The notice shall contain specific information as to the nature of the

proposed Coastal Development and be in a form as required by the approving department for

that purpose.

6. Notice of Public Hearing on Appeal

The following notice is required for the public hearing on the appeal.

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7. Notification of Failure to Act and Approval by Operation of Law

a. Notification by Applicant

City of Los Angeles Zoning Code Chapter 1A

If the Approving Authority fails to act on an application within the time limits set forth in

Sec. 65950 - 65957.1 of the California Government Code, the person claiming a right to

proceed pursuant to those Code sections shall notify, in writing, the Approving Authority

and the Coastal Commission and all persons entitled to receive notice of an appeal

pursuant to Subsection C. (Notice) of this Section that the Coastal Development has been

approved by operation of law. The notice shall specify the application, which is claimed to

have been approved.

b. Notification by Approving Authority

When the Approving Authority determines that the time limits established pursuant to Sec.

65950 - 65957.1 of the California Government Code have expired, and that the notice

required to all persons entitled to receive notice of an appeal pursuant to Subsection

C. (Notice) of this Section has occurred, the Approving Authority shall, within seven

calendar days of its determination, notify any person entitled to receive notice of an appeal pursuant to Subsection C. (Notice) of this Section that it has taken final action by

operation of law pursuant to Sec. 65950 - 65957.1 of the California Government Code,

and that the application, if it is for an Appealable Development, may be appealed to the

Coastal Commission pursuant to Sec. 13110, et seq. of Title14 of the California Code of

Regulations .

D. Decision

1. General Procedures

a. Decisions must be made within the time period specified in this Article, or as otherwise

required by law. Unless otherwise provided in the regulations governing the particular

application, this time limit may be extended by mutual consent of the decision maker and

the applicant. The extension of time to act also applies to applications or initiations under

the multiple approval provisions in Sec. 13A.2.10. (Multiple Approvals) .

b. Where extensions on the City Council’s time to act on a matter may be granted by mutual

consent of an application and the City Council, the Council President or the Council

President’s councilmember designee may consent to a time extension on behalf of the

City Council.

c. Each decision is subject to all applicable standards of this Code, including the applicable

zone.

d. Each process described in Part B. (Processes & Procedures) of this Article includes

standards and/or findings for approval. In approving an application, the decision maker must find that the project substantially conforms to the standards and/or findings for

approval.

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e. The initial decision maker shall adopt written findings of fact supporting the decision based

upon evidence in the record.

f. Unless otherwise provided, an application may be approved or disapproved in whole or in

part.

g. Unless otherwise provided, the decision maker may impose conditions that it determines

are needed to ensure substantial compliance with the standards or findings for approval.

h. The decision maker transmits a letter of determination that notifies the applicant, owner,

and interested parties, as applicable, of the decision. The notification will indicate whether

the application is approved, approved with conditions, or denied.

i. An initial decision or decision of the City Planning Commission or Area Planning Commission that is appealable to the City Council is final and effective upon the close of the appeal period if no appeal is filed.

j. An appellate agency’s decision or decision of the City Planning Commission or Area Planning Commission that is not appealable to the City Council is final as provided in

Charter Section 245 .

2. Decision Maker

The initial decision maker on a Coastal Development Permit is the Director or the City

Engineer, pursuant to Subsections B.1. (Initiation; General) and 2. (Initiation; Jurisdiction)

above.

3. Public Hearing

a. General

The Approving Authority shall hold a public hearing on any application for a Coastal

Development Permit for an Appealable Development except as waived in Paragraph b.

below. It shall hold the hearing at least 24 calendar days following the mailing of the notice

required in Subsection C. (Notice) of this Section and shall consolidate the hearing with

any other public hearing required for any other approvals required by this Code or other

City ordinance.

b. Waiver of Public Hearing

The Approving Authority may waive the public hearing for Coastal Development in the

non-appealable area and may propose to waive the requirement for a public hearing for

Coastal Development in the Appealable Area if it determines that the Coastal Development

meets the following criteria:

i. The Coastal Development is consistent with the certified Local Coastal Program;

ii. The Coastal Development requires no discretionary approvals other than a Coastal

Development Permit; and

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iii. The Coastal Development has no adverse effect either individually or cumulatively on

coastal resources or public access to the shoreline or along the coast.

4. Initial Decision

a. If an application for a Coastal Development Permit is submitted to the City and there is no

application for another Quasi-judicial or Legislative approval, the initial decision shall be

made by the Director or City Engineer, whichever has jurisdiction.

b. The Director or City Engineer may approve, conditionally approve, or deny a Coastal

Development Permit.

c. The Approving Authority, in approving an application for a Coastal Development Permit,

shall impose any conditions considered necessary to ensure that the proposed use will be consistent with the findings in Subsection E. (Standards for Review and Required Findings)

of this Section .

d. An application for a Coastal Development Permit shall be denied when the evidence

submitted by the Applicant and/or presented at a public hearing fails to support the findings in Subsection E. (Standards for Review and Required Findings) of this Section to

the satisfaction of the Approving Authority).

5. Concurrent Processing with Other Permits or Approvals

a. When a proposed Coastal Development is required to obtain a Coastal Development

Permit and is also required to obtain other Quasi-judicial or Legislative approvals, the application for a Coastal Development Permit shall be filed and processed concurrently

with the other permits or approvals. The action of the Approving Authority is considered

one consolidated action.

b. If a condition of the Coastal Development Permit varies from a condition contained in the

other permits and approvals, the more restrictive condition controls.

c. No additional fees shall be charged for appeal of a Coastal Development Permit that is

combined with an appeal for the other permits and approvals.

6. Time Limit for Initial Decision

a. The initial Approving Authority shall make an initial decision within 75 days after:

i. The date the application is deemed complete; or

ii. When an environmental impact report (EIR) is required, the date preparation of the EIR

is complete consistent with State law.

b. The time limit may be extended by mutual consent of the Director and the Applicant.

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7. Transmittal of Written Decision

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Upon making a written decision, the Approving Authority shall transmitted a copy by First

Class Mail to each Applicant, to all persons who have requested to be on the mailing list for

the particular Coastal Development or for all coastal decisions within the Coastal Zone, to all

property owners and residents within 300 feet of the perimeter of the parcel on which the

Coastal Development is proposed, exclusive of streets, and to the Coastal Commission.

8. Effective Date of City Action

The City shall issue a Coastal Development Permit only:

a. For a non-appealable development, 15 days after the final City action if no appeal is filed or

if the Coastal Commission does not assert jurisdiction.

b. For an Appealable Development:

i. Only after receiving the final City action and notification that the 10 working

day appeal period to the Coastal Commission established by California Code of Regulations has ended and no appeal was filed; or

ii. An appeal was filed and the Coastal Commission made a determination of no

substantial issue with the City’s decision.

c. If a decision on a Coastal Development Permit is appealed to the Coastal Commission

and the Coastal Commission determines that a substantial issue exists, the issuance of the

permit will be regulated by the Coastal Commission.

9. Recordation of the Coastal Development Permit

Within 14 days of the issuance of the Coastal Development Permit for a Coastal Development

subject to the jurisdiction of the Director, the Applicant shall record the Permit with the Los Angeles County Recorder’s office and provide a certified copy to the City Planning

Department.

10. Notice of Final City Action

Within seven calendar days of a final decision on an application for any Coastal Development,

the Approving Authority shall provide notice of its action, at the expense of the Applicant, by first class mail to the Coastal Commission and to any persons who specifically requested notice of the final action by submitting a self-addressed, stamped envelope to the Approving Authority. The notice shall include conditions of approval, written findings, and, if applicable,

the procedures for appeal to the Coastal Commission.

E. Standards for Review and Required Findings

An application for a Coastal Development Permit shall be approved if the Approving Authority,

based on information obtained during an investigation and/or public hearing, if applicable, makes specific written findings justifying the City’s action, including any conditions imposed in order to

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bring the Coastal Development into conformity with the certified Local Coastal Program. These findings shall include the following:

1. That the proposed Coastal Development conforms to the certified Local Coastal Program;

2. That the Coastal Development conforms to all applicable provisions of any adopted

community plan and Specifc Plani for the area; and

3. Where applicable, that any Coastal Development located between the First Public Road

Paralleling the Sea and the sea or shoreline of any body of water located within the Coastal

Zone conforms to the public access and public recreation policies of Chapter 3 of Division 20

of the California Public Resources Code .

F. Scope of Decision

1. Coastal Development undertaken pursuant to a Coastal Development Permit shall conform to

the plans, specifications, terms, and conditions approved in the Permit.

2. Duration of Permits

a. Validity

A Coastal Development Permit that was granted pursuant to this Section runs with the land

and continues to be valid upon any changes of ownership of the land or any changes to

the existing building or structure on the land.

b. Termination

i. A permit, which is not used within the time, specified in the permit, or, if no time is specified, within two years after the permit is granted, becomes void.

ii. The Director or City Engineer, whichever has jurisdiction, may grant extensions of

time for the using the permit, if the extension is requested prior to the expiration date,

under the provisions of Subdivision 4. (Extensions of Time) below.

iii. Where other approvals are granted concurrent with the Coastal Development Permit,

the time limits and extensions shall be the same as those for the other approvals.

However, the Coastal Development Permit shall become void after six years.

c. Use of Permit

i. A Coastal Development Permit shall be considered used when construction or other

development authorized by that permit, which would be prohibited in that location if

no Coastal Development Permit had been issued, has commenced.

ii. A Coastal Development Permit shall automatically cease to be in effect if the use for

which the permit was granted has ceased or has been suspended for a consecutive

period of two or more years.

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3. Revocation

a. Failure to Comply with Conditions

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If the Director or City Engineer, whichever has jurisdiction, determines that the conditions

of any Coastal Development Permit granted pursuant to this Section have not been

complied with, the Director or City Engineer may give notice to the record owner or lessee of the real property to appear at a time and place fixed by the Director or City Engineer

and show cause why the determination of the Approving Authority granting the Coastal

Development Permit should not be rescinded. An appeal from a revocation action may be

taken in the same manner prescribed in Subsection G. (Appeals) of this Section .

b. Request by Aggrieved Person

Any aggrieved person may request revocation of a permit by application to the Director

or City Engineer, whichever has jurisdiction, specifying with particularity the grounds for

revocation. The Director or City Engineer shall review the stated grounds for revocation

and shall determine whether to initiate revocation proceedings. An appeal from a

revocation action may be taken in the same manner prescribed in Subsection G. (Appeals)

of this Section below.

4. Extensions of Time

a. Application

i. Prior to the expiration of a Coastal Development Permit, an Applicant may apply

for a one-year extension of the permit. Prior to the expiration of any extension, the

Applicant may apply for another one-year extension of the permit.

ii. An application for an extension of time shall automatically keep the permit in effect

until the Approving Authority has acted upon the request. However, if construction has

not commenced at the time the application is made, construction may not commence

after the initial expiration date until the Approving Authority has acted upon the

request.

iii. The application shall state the reasons for the request and shall be accompanied

by evidence of a valid, unexpired permit and of the Applicant’s continued property

interest.

b. Procedures

The procedures for applying for an extension of time shall be in accordance with

Subsections B. (Initiation) - E. (Standards for Review and Required Findings) of this Section .

c. Findings

The Approving Authority shall only grant an extension if the Approving Authority can make the same findings as were required for the original permit, with no new conditions, and

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must make an additional finding that there are no changed circumstances, which would affect the Coastal Development’s consistency with the Local Coastal Program.

d. Appeal

An extension of time for a Coastal Development Permit may be appealed in accordance

with Subsection G. (Appeals) of this Section . However, in addition to the notice provisions

required for appeals in the table in Subsection C. (Notice) of this Section, the Approving

Authority shall also notify any persons who objected to the Approving Authority’s approval

of an extension.

G. Appeals

1. General Procedures

a. Appeals shall be in writing and filed on forms maintained by the Department.

b. An appeal shall specifically state the points at issue and the reasons why the decision

should be overturned.

c. An appeal not properly or timely filed shall not be accepted, and will not be considered by

the appellate body.

d. Unless otherwise required by a specific process, appeals must be filed within 15 days after

the date on the letter of determination to the applicant.

e. Despite any provisions of this Chapter, whenever the final day for filing an appeal from

any action, decision or determination of the Director, Zoning Administrator, Area Planning

Commission, or City Planning Commission falls on a Saturday, Sunday or legal holiday, the time for filing an appeal shall be extended to the close of business on the next succeeding working day, and the effective or final date of any action, decision, or determination shall

be extended to the close of that appeal period.

f. If in any individual case involving a 15-day appeal period, that appeal period fails to include

at least 10 working days, then the appeal period shall be extended as many days as the

Director, Zoning Administrator, Area Planning Commission, City Planning Commission or

City Council determines are necessary to include 10 working days.

g. An appeal stays the processing of the application and entitlement, and any development of

the project at issue until the appellate body makes a decision.

h. After an appeal is filed, the initial decision maker will transmitted the appeal and the file to

the appellate body, together with any report if one was prepared by staff responding to the

points raised made in the appeal. The Department of City Planning will make investigations

and furnish any reports requested by the body to which the matter is transferred.

i. When the appellate body receives the appeal, the initial decision maker loses jurisdiction.

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j. Upon the date set for the hearing, the appellate body shall either hear the appeal, or

continue the matter by mutual agreement to another date if there is cause to do so. No

additional notice of continuance need be given if the continuance to a date certain is

announced at the time of the original hearing. If no date for the continued hearing is

provided publicly at the original hearing, then notice of the continued hearing shall be

provided in the same manner as the original notice for the appellate hearing.

k. The appellate body will conduct a public hearing. After the public hearing, the appellate

body will render a decision:

i. Affirming the initial decision in whole or in part; or

ii. Reversing the initial decision in whole or in part, after which it may render its own

decision or remand the decision to the initial decision maker for further proceedings.

l. The appellate body may impose conditions that it determines are needed to ensure substantial compliance with the standards or findings for approval.

m. Appellant(s) may withdraw an appeal of an initial determination if the withdrawal is filed

with the Department at least 15 days prior to the public hearing by the appellate body on

the appeal.

n. Withdrawal of an appeal shall be in writing and does not require the decision maker to

concur. The withdrawal shall be filed with the Department.

o. If the withdrawal of the appeal is received by the Department after the close of the original

appeal period, the Department shall notify the same persons who received notice of the decision that was appealed, that an appeal had been filed and was now withdrawn. The

notice shall state that the appeal period is being reopened. The reopened appeal period

shall run for 10 days from the date the notice of withdrawal of the appeal is mailed. If more than one appeal was filed, the appeal period is only reopened if the withdrawal of

the appeal would result in no other appeal going forward. The appeal period shall only be

reopened once.

p. If the withdrawal is received by the Department before any required public hearing notice

is mailed, then the time for the appellate body to act is extended for 10 days.

q. If the withdrawal is received by the Department after the public hearing notice is mailed,

then any appeal filed during the reopened appeal period shall be heard on the same date

and time as set forth in the previously mailed public hearing notice. No further notice of

the appeal hearing is required.

r. If the withdrawal of the appeal, and the subsequent reopening of the appeal period, results

in no appeal going forward:

i. The withdrawal of the appeal is permanent; and

ii. The decision from which the appeal was taken automatically becomes final at the end

of the appeal period or reopened appeal period.

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s. The appellate body shall hear the matter de novo, considering the whole of the project

with no deference given to the decision of the initial decision maker. The appellate body

shall make its decision based on the record before the initial decision maker and any other

evidence or testimony presented at or before the appellate body’s hearing.

t. Unless required otherwise by this Chapter or Chapter I. (General Provisions and Zoning),

in making a decision to grant a project approval, the appellate body shall make the same findings as required to be made by the initial decision maker, supported by substantial

evidence.

u. Unless otherwise required by a specific process, the appellate body shall act within 75 days

after the expiration of the appeal period or within any additional period mutually agreed

upon by the applicant and the appellate body.

v. Failure of the appellate body to render a timely decision shall result in the denial of the

appeal.

2. Filing

a. An Applicant or any other person aggrieved by the initial decision on a Coastal

Development Permit may appeal the decision to the Area Planning Commission or to

the Board of Public Works for a public project or for a private project where the approval

of the underlying permit is within the jurisdiction of the City Engineer. The appeal on an Appealable Development and non-appealable development shall be filed within 15 days of

the date of mailing of the decision.

b. The appeal shall set forth specifically the points at issue and the reasons for the appeal.

Any appeal not filed within the 15-day filing period shall not be considered by the Area Planning Commission or Board of Public Works. The filing of an appeal stays proceedings in the matter until the Commission or Board has made a decision. Once an appeal is filed, the initial decision maker shall transmitted the appeal and the file to the Commission or

Board, together with any reports responding to the allegations made in the appeal.

3. Public Hearing on Appellate Decision

Before acting on any appeal of a Coastal Development Permit, the Area Planning Commission or Board of Public Works shall set the matter for hearing, giving notice in the manner specified

in Subsection C. (Notice) of this Section .

4. Time for Appellate Decision

The Area Planning Commission or Board of Public Works shall act within 75 days after the

expiration of the appeal period or within any additional period mutually agreed upon by the

Applicant and the Commission or Board.

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5. Appellate Decision

City of Los Angeles Zoning Code Chapter 1A

The Area Planning Commission or Board of Public Works may reverse or modify the initial

decision, in whole or in part. In reversing or modifying the initial decision, the Commission or Board shall make the same findings required to be made by the initial decision maker.

6. Appeal Procedures for Multiple Applications including a Coastal Development

Permit

a. If a Coastal Development Permit is combined with another Quasi-judicial or Legislative

approval, an appeal of the initial decision on a Coastal Development Permit application

shall automatically constitute an appeal of the decision on the application for the other

discretionary permits and approvals. Any appeal of the other permits and approvals

also constitute an appeal of the Coastal Development Permit unless the appeal of the

Coastal Development Permit would violate Sec. 563 (Conditional Use Permits and Other

Approvals) of the City Charter . The time for appeal of the Coastal Development Permit to

the Coastal Commission shall commence after action on the other permits and approvals becomes final.

b. The Approving Authority for multiple applications for a Coastal Development Permit

and other Quasi-judicial or Legislative approvals shall be as established in Sec. 13A.2.10.

(Multiple Approvals) . However, the appeal procedures for the consolidated action shall follow the procedural requirements for notice, public hearing, and final action of an initial

decision on a Coastal Development Permit in accordance with Subsections C. (Notice) - E.

(Standards for Review and Required Findings) of this Section .

H. Amendments to Permits

1. Immaterial Changes to a Coastal Development Permit

a. Application

An application for an immaterial change to a Coastal Development Permit shall be filed

with the Approving Authority that approved the existing permit.

b. Approval

If the Approving Authority finds that the proposed change conforms to the original findings and conditions required for the Coastal Development Permit and is in substantial

conformance with that Permit, then the Approving Authority may approve the proposed

change.

2. Permit Amendments

a. Application

If the Approving Authority that originally granted the Coastal Development Permit finds that a proposed change does not substantially conform to the original Coastal

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Development Permit, the holder of the Permit may apply for an amendment to the

Permit in the same manner as an application for a new Coastal Development Permit.

This application shall contain a description of the proposed amendment, the reason for

the amendment, together with maps, plans or other material appropriate to the request,

and shall be accompanied by evidence of a valid, unexpired permit and of the Applicant’s

continued legal ownership or interest in the property.

b. Procedures

The procedures for an amendment are the same as would be required of a new application

at the same location in accordance with Subsections B. (Initiation) - E. (Standards for

Review and Required Findings) of this Section .

c. Appeals

Decisions on amendment applications are appealable as provided in Subsection G.

(Appeals) of this Section .

I. Emergency Permits

An emergency permit shall only be issued in cases where an emergency necessitates immediate

action that would normally require a Coastal Development Permit, and where the worth of any permanent structures erected does not exceed $25,000.

1. Applications

An application for an Emergency Coastal Development Permit shall be made to the Director or

the City Engineer, whichever has jurisdiction, within three days of the emergency or discovery

of the danger. The following information shall be included in the request:

a. Nature of the emergency;

b. Cause of the emergency, if this can be determined;

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 justify the proposed course of action,

including the probable consequences of failing to take action.

2. Verification of Emergency

The Director or City Engineer shall verify the facts, including the existence and the nature of

the emergency, insofar as time permits.

3. Procedure

The Director or City Engineer shall provide public notice of the emergency work, with the

extent and type of notice determined on the basis of the nature of the emergency. The

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Director or City Engineer shall not issue an emergency permit for any work that falls within

the provisions of Sec. 30519(b) and 30601 of the Public Resources Code . The Director or

City Engineer may grant an emergency permit upon reasonable terms and conditions, if the Director or City Engineer finds that:

a. An emergency exists that requires action more quickly than the regular permit process

would allow, and the work can or will be completed within 30 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 Local Coastal Program and any

adopted, relevant community or Specifc Plani s.

4. Compliance

An emergency permit shall be valid for not more than 60 days from the date of issuance. Prior

to expiration of the emergency permit, the permittee must submit a Coastal Development

Permit application for the Coastal Development or else remove the Coastal Development

undertaken pursuant to the emergency permit in its entirety and restore the site to its previous

condition. Failure to comply with the provisions of this Subsection or failure by the permittee

to properly notice and report any emergency actions may result in the revocation of the

emergency permit.

5. Reporting

The Director or City Engineer shall notify the Coastal Commission of the issuance of an

emergency permit by phone or letter as soon as possible, but in any event within three days of

the issuance of the emergency permit.

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