Morro Bay Municipal Code Ch. 17.39 Coastal Development Permits (ip)

This section provides procedures for coastal development permit (CDP) application processing, filing, review, noticing, and action for development in the city of Morro Bay's CDP jurisdiction within the coastal zone.

A. CDP Required. All development, as defined in Coastal Act Section 30106, within the coastal zone requires a CDP except as specified in Section 17.39.020, CDP Exemptions, and Section 17.39.030, Waivers for Deminimis Development.

B. Reviewing Authority. The following bodies shall approve, conditionally approve, revise or deny applications for Coastal Development Permits based on consideration of the requirements of this chapter.

1. Director. The director shall review applications for coastal development permits for the following development, provided the development does not otherwise require discretionary action by the planning commission under another provision of this title and the development is not appealable to the coastal commission pursuant to Public Resources Code Section 30603 and Title 14 Sections 13110 through 13120 of the California Code of Regulations:

a. Accessory dwelling units and junior accessory dwelling units.

b. Single unit development with less than two thousand five hundred square feet of floor area (excluding garage).

c. Development of two residential units within the RS or RL district consistent with Section 17.07.030 A.

d. Urban lot splits pursuant to California Government Code Section 66411.7 and Title 16, Subdivisions, of the municipal code.

e. Multi-unit development with less than six thousand square feet of floor area.

f. Demolition of two or fewer residential units.

g. Additions or improvements to existing public works facilities and utilities that do not constitute major public works as defined by the California Code of Regulations Section 13012.

2. Planning Commission. The planning commission shall review applications for coastal development permits for all projects that do not meet the criteria listed in Section 17.39.010 B.1, Director, for a decision by the director.

C. Additional Permits. The review of a CDP application shall be processed concurrently with any other discretionary permit applications required by the city. Any such discretionary approvals become effective only after a CDP is approved as required by this chapter and so long as they are consistent with the CDP terms and conditions. The city may not grant any discretionary approval for a proposed project that conflicts with this chapter.

D. Unpermitted Development and Permitting Processes. Development that occurred after the effective date of the Coastal Act of 1976 (i.e., January 1, 1977) or after the coastal initiative of 1972 (February 1, 1973), whichever is applicable, and that did not receive a CDP or was not otherwise authorized under the coastal act/coastal initiative, is not lawfully established or authorized development ("unpermitted development"). In addition, development inconsistent with the terms and conditions of an approved CDP is also not lawfully established or authorized development. Both categories of unpermitted development shall be subject to Section 17.01.050 G, LCP Violations. If development is proposed on a site with unpermitted development, then such application may only be approved if it resolves all permitting and coastal resource issues associated with the unpermitted development, including through retention of all or part of same if it can be approved as LCP consistent, or through removal and restoration of affected areas.

(Ord. No. 662, § 2, 12-13-23)

In accordance with Coastal Act Section 30610 and Title 14 of the California Code of Regulations (CCR) Sections 13250, 13252, and 13253, all of which govern here in the case of conflicts or questions of interpretation, the following projects are exempt from the requirement to obtain a CDP:

A. Existing Single-Family Residences. Improvements to an existing single-family residence, including fixtures and structures directly attached to a residence, landscaping, and structures normally associated with a single-family residence, such as garages, swimming pools, fences and storage sheds. This exemption does not include:

1. Improvements to a single-family residence if the residence or any improvement is located on a beach, in a wetland, seaward of the mean high-tide line, within an environmentally sensitive habitat area, in an area designated highly scenic in the LCP (i.e., those areas designated in LUP Figures C-6 and C-7), or within fifty feet of the edge of a coastal bluff.

2. Any significant alteration of land forms including removal or placement of vegetation on a beach, wetland, or sand dune, within fifty feet of the edge of a coastal bluff, or within an environmentally sensitive habitat area.

3. On property not included in subparagraph A.1 above that is in an appealable area pursuant to Coastal Act Section 30603, when one of the following circumstances apply:

a. Improvement that would result in an increase of ten percent or more of internal floor area of an existing structure; or

b. An additional improvement of ten percent or less where an improvement to the structure has previously been undertaken pursuant to this section; or

c. An increase in height by more than ten percent of an existing structure; or

d. An increase of height of ten percent or less where height has already been undertaken pursuant to this section; and/or

e. Development that includes any significant non-attached structure such as garages, fences, shoreline protective works or docks.

4. Any improvement to a single-family residence where the coastal development permit issued for the original structure by the coastal commission or city indicated that any future improvements would require a coastal development permit or a CDP amendment or some other type of coastal authorization (e.g., a CDP waiver).

B. Other Existing Structures. Improvements to an existing structure, other than a single-family residence or public works facility, including landscaping and fixtures and other structures directly attached to the structure. This exemption does not include:

1. Improvements to a structure if the structure or improvement is located on a beach; in a wetland, stream, or lake; seaward of the mean high-tide line; in an area designated highly scenic in the LCP (i.e., those areas designated in LUP Figures C-6 and C-7); or within fifty feet of the edge of a coastal bluff.

2. Any significant alteration of land forms including removal or placement of vegetation, on a beach or sand dune; in a wetland or stream; within one hundred feet of the edge of a coastal bluff, in a highly scenic area, or in an environmentally sensitive habitat area.

3. On property not included in subparagraph B.1 above that is in an appealable area pursuant to Coastal Act Section 30603, when one of the following circumstances apply:

a. Improvement that would result in an increase of ten percent or more of internal floor area of an existing structure;

b. An additional improvement of ten percent or less where an improvement to the structure has previously been undertaken pursuant to this section;

c. An increase in height by more than ten percent of an existing structure;

d. An increase of height of ten percent or less where height has already been undertaken pursuant to this section; or

e. Development includes any significant non-attached structure such as garages, fences, shoreline protective works or docks.

4. Any improvement to a structure which changes the intensity of use of the structure.

5. 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 motel/hotel timesharing conversion.

6. Any improvement to a structure where the coastal development permit issued for the original structure by the coastal commission or city indicated that any future improvements would require a coastal development permit or a CDP amendment or some other type of coastal authorization (e.g., a CDP waiver).

C. Repair or Maintenance Activities. Repair or maintenance activities that do not result in an addition to, or enlargement or expansion of, the object of those repair or maintenance activities. This exemption does not include:

1. Any method of repair or maintenance of a seawall, revetment, bluff retaining wall, breakwater, groin, culvert, outfall, or similar shoreline work that involves:

a. Repair or maintenance involving substantial alteration of the foundation of the protective work including 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;

c. The replacement of twenty percent or more of the materials of an existing structure with materials of a different kind;

d. The presence, whether temporary or permanent, of mechanized construction equipment or construction materials on any sand area, bluff, or environmentally sensitive habitat area, or within twenty feet of coastal waters or streams;

e. The placement of dredged spoils of any quantity within an environmentally sensitive habitat area, on any sand area, within fifty feet of the edge of a coastal bluff or environmentally sensitive habitat area, or within twenty feet of coastal waters or streams; or

f. The removal, sale, or disposal of dredged spoils of any quantity that would be suitable for beach nourishment in an area the commission has declared by resolution to have a critically short sand supply that must be maintained for protection of structures, coastal access or public recreational use.

2. Any repair or maintenance to facilities or structures or work located in an environmentally sensitive habitat area, any sand area, within fifty feet of the edge of a coastal bluff or environmentally sensitive habitat area, or within twenty feet of coastal waters or streams that include either of the following:

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.

b. The presence, whether temporary or permanent, of mechanized equipment or construction materials.

3. Those activities specifically described as exempt from CDP requirements in the document entitled "Repair, Maintenance and Utility Hookups," adopted by the coastal commission on September 5, 1978 unless a proposed activity will have a risk of substantial adverse impact on public access, environmentally sensitive habitat areas, wetlands, or public views to the ocean, in which case the 1978 document exemptions do not apply.

4. Unless destroyed by natural disaster, the replacement of fifty percent or more of a single-family residence, seawall, revetment, bluff retaining wall, breakwater, groin or any other structure that is not repair and maintenance under Coastal Act Section 30610(d) but instead constitutes a replacement structure requiring a coastal development permit.

D. Replacement of Destroyed Structures. The replacement of any legally established structure, other than a public works facility, destroyed by a disaster. The replacement structure shall conform to applicable LCP requirements, shall be for the same use as the destroyed structure, shall not exceed either the floor area, height, or bulk of the destroyed structure by more than ten percent, and shall be sited in the same location on the affected property as the destroyed structure. As used in this section, "disaster" means any situation in which the force or forces which destroyed the structure to be replaced were beyond the control of its owner; "bulk" means total interior cubic volume as measured from the exterior surface of the structure; and "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. Temporary Events. Temporary events as defined in this section and which meet all of the following criteria:

1. Are not held between Memorial Day weekend and Labor Day weekend, or if proposed in this period will be of less than two weeks in duration including setup and take-down; and

2. Does not occupy all or a portion of a sandy beach or park area and there is no potential for adverse effect on sensitive coastal resources; and

3. A fee will not be charged for general public admission and/or seating where no fee is currently charged for use of the same area (not including booth or entry fees); or if a fee is charged, it is for preferred seating only and more than seventy-five percent of the provided seating capacity is available free of charge for general public use; and

4. The proposed event has been reviewed in advance by the city and it has been determined, subject to the procedure in Section 17.39.040, City CDP Determinations, that it meets the following criteria:

a. The event will result in no adverse impact on opportunities for public use of or access to the area due to the proposed location and or timing of the event either individually or together with other development or temporary events scheduled before or after the particular event;

b. There will be no direct or indirect impacts from the event and its associated activities or access requirements on environmentally sensitive habitat areas, rare or endangered species, significant scenic resources, or other coastal resources; and

c. The event has not previously required a coastal development permit to address and monitor associated impacts to coastal resources.

F. Emergency Work. Immediate emergency work necessary to protect life or property, or immediate emergency repairs to public service facilities necessary to maintain service as a result of a disaster in a disaster-stricken area in which a state of emergency has been proclaimed by the governor pursuant to Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code.

(Ord. No. 662, § 2, 12-13-23)

A. Authority. The director may issue a written waiver from coastal development permit requirements of this chapter for any development that is de minimis.

B. Determination of Applicability. A proposed development is de minimis if the director determines, based on a review of an application for a coastal development permit, that the development satisfies all of the following requirements:

1. The proposed development is within the coastal zone; the development is not of a type or in a location where an action on the development would be appealable to the coastal commission; and not within an area where the coastal commission retains permit jurisdiction and no local public hearing is required.

2. The proposed development involves no potential for any adverse effect, either individually or cumulatively, on coastal resources and that it will be consistent with the certified local coastal program. The determination shall be made in writing and based upon factual evidence.

C. Applicability.

1. The director may consider the following types of development for possible permit waivers:

a. Projects that would have been placed on the consent calendar of the planning commission or city council agenda without special conditions;

b. Projects fully consistent with the certified LCP and for which all applicable policies of the LCP are objective in nature, such that staff does not have to exercise its judgment as to satisfaction of subjective criteria; and

c. Projects located in areas where similar projects have been approved as a routine matter without conditions or opposition.

2. The following projects will not be considered for possible waivers:

a. Projects that involve questions as to conformity with the certified LCP, or that may result in potential impacts on coastal resources and public access;

b. Projects with known opposition or probable public controversy; and

c. Projects that involve divisions of land including condominiums.

D. Public Notice. If, upon review of the coastal development permit application, the director determines that the development is de minimis, the applicant shall post public notice of the de minimis waiver on the property for at least ten working days prior to the final decision granting the waiver. Notice of intent to issue a de minimis waiver shall also be made to all persons who have requested to be on the mailing list for that development project or site or for coastal decisions within the local jurisdiction, to all property owners and residents within three hundred feet of the perimeters of the parcel on which the development is proposed, to each local agency expected to provide essential facilities or services to the project, and all agencies for which an approval for the proposed development may be required within ten working days prior to the decision on the application. The director shall provide notice, by first class mail, of pending waiver of permit requirements.

E. Content of Public Notice. The notice shall contain the following information:

1. A general description of the proposed project and location;

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

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

4. The number assigned to the application;

5. The date at which the waiver may become effective;

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

7. 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 decision.

F. Executive Director Determination. The director shall provide a notice of determination to issue a de minimis CDP waiver to the executive director of the coastal commission no later than ten working days prior to the waiver being reported at a city public hearing (see Section 17.39.030 G, Review and Concurrence, below). If the executive director notifies the community development director that a waiver should not be issued prior to the waiver being reported, the applicant shall be required to obtain a coastal development permit if the applicant wishes to proceed with the development.

G. Review and Concurrence. The director's determination to issue a waiver shall be subject to review and concurrence by the decision makers (i.e. planning commission or city council, as applicable). The director shall not issue a waiver until the public comment period, including at a minimum through and including the required reporting of the waiver at a public hearing, has expired. At such public hearing, the public shall have the opportunity to testify and otherwise participate in a hearing on the waiver. If two or more decision makers object to the waiver, the waiver shall not be issued and, instead, an application for a coastal development permit shall be required and processed in accordance with the provisions of this chapter. Otherwise, the waiver shall be deemed approved, effective, and issued the day of the public hearing. In addition to the noticing requirements above, within seven calendar days of effective date of a waiver, the community development director shall send a notice of final action as specified in Section 17.39.080, Notices of City's Final Action on CDPs.

H. Waiver Expiration. A de minimis waiver shall expire and be of no further force and effect if the authorized development is not exercised by substantial ground altering physical development within two years of the effective date of the waiver. In this event, either a new de minimis waiver or a regular coastal development permit shall be required for the development.

(Ord. No. 662, § 2, 12-13-23)

The determination of whether a development is exempt, waivable, non-appealable, or appealable for purposes of notice, hearing, and appeals procedures shall be made by the director at the time the coastal development permit application for development is submitted or as soon thereafter as practical, and in all cases prior to the application being deemed complete for processing. This determination shall be made with reference to the certified local coastal program, including any provisions that support the determination.

Where an applicant, interested person, the coastal commission's executive director, or the director has a question as to the appropriate designation for the development, the following procedures shall establish whether a development is exempt, non-appealable, or appealable:

A. City Determination. The director shall make his or her determination as to what type of development is being proposed and shall inform the applicant, interested parties, and the coastal commission in writing of the notice and hearing requirements for that particular development (i.e., exempt, appealable, non-appealable).

B. Challenge to City Determination. If the determination of the director is challenged by the applicant, the coastal commission's executive director, or an interested person, or if the director wishes to have a coastal commission determination as to the appropriate designation, the director shall notify the commission's central coast district office of the dispute/question and shall request an executive director's opinion.

C. Coastal Commission Determination. The executive director shall within ten working days of the request provide his or her opinion in writing to the city, the applicant, and any other known interested parties. There are three possible outcomes:

1. If the executive director agrees with the city's determination, then the city's determination shall be final and shall apply to the proposed development.

2. If the executive director disagrees with the city's determination, and the city accepts the executive director's opinion, then the review and permit procedures associated with the executive director's opinion shall apply to the proposed development.

3. If the executive director disagrees with the city's determination, the matter shall be set for public hearing before the coastal commission to make the final determination of applicable review and permit procedures, and the coastal commission's determination shall apply to the proposed development.

(Ord. No. 662, § 2, 12-13-23)

A. Contents. Coastal development permit application submittals must include all the information and materials required by the community development department. It is the responsibility of the applicant to provide all necessary and requested evidence to allow for the reviewing authority to make a decision regarding whether the proposed development is consistent with the LCP, including with respect to the findings required by Section 17.39.070, Required Findings for CDP Approval. The application and accompanying materials shall be filed with the city before or concurrent with application for any other required city permits for the proposed project. The CDP application shall include, at a minimum:

1. Project plans and supporting materials sufficient to determine whether the project complies with all relevant policies of the local coastal program, including a clear depiction of all existing conditions and development on the site, and all proposed development;

2. Documentation of the applicant's legal interest in all the property upon which development is proposed, including properties crossed or affected by construction. The area subject to the CDP application may include contiguous properties where the director finds that necessary to achieve the requirements of the local coastal program. The area covered by a proposed project may also include multiple ownerships;

3. Documentation of any prior CDPs or other coastal authorizations on the property, including any restrictions from permit conditions, deed restrictions, easements, and any other encumbrances affecting allowable development and use on the property;

4. All restrictions that apply to the property, including copies of the legal documents, and site plans noting where such restrictions apply;

5. A description of any unpermitted development on the site, including any violations of existing CDP terms and conditions, and provisions for resolving all permitting and coastal resource issues associated with the unpermitted development (see also Section 17.39.010 D, Unpermitted Development and Permitting Processes);

6. 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;

7. Information to determine whether the project complies with LCP environmental justice policies, including proximity of any environmental justice communities to the project area, the potential effect of the project on environmental justice communities, and the potential effect of the project on environmental justice communities as compared to other communities; and

8. Any additional information deemed by the director to be required for specific categories of development or for development proposed for specific geographic areas or in relation to the specific issues raised by the application.

B. Concurrent Permit Application. The application for a CDP shall be made concurrently with application for any other non-CDP permits or approvals required by the city.

(Ord. No. 662, § 2, 12-13-23)

A. Public Hearing and Notice Requirements.

1. Director Actions.

a. Hearing. A public hearing is not required for CDP applications for which the director is the reviewing authority.

b. Noticing. The city shall provide public notice of the submission of a CDP application as follows:

i. Posted Notice. At least ten days before the date the director takes action, the city shall post a notice in a conspicuous place on the project site and at the Morro Bay branch of the public library.

ii. Mailed Notice. At least ten days before the date the director takes action, the city shall provide notice by first class mail delivery to the coastal commission and to all persons who have requested to be on the mailing list for that development project.

2. Planning Commission and City Council Actions.

a. Hearing. All planning commission and city council actions on CDP applications that are not issued a written waiver from coastal development permit requirements under Section 17.39.030, Waivers of De Minimis Development, shall require a public hearing.

b. Noticing. The city shall provide public notice of public hearings on CDP applications as follows.

i. Posted Notice. At least ten days before the date of the public hearing, the city shall post a notice in a conspicuous place on the project site and at the Morro Bay branch of the public library, at the planning division office, and at City Hall.

ii. Mailed Notice. At least ten days before the date of the public hearing, the director, or the city clerk for hearings before the city council, shall provide notice by first class mail delivery to:

(1) The owner(s) and owner's agent of all properties for which development is proposed, the applicant, and any applicant representatives;

(2) Each local agency expected to provide essential facilities or services to the project;

(3) Any person who has filed a request for notice with the director;

(4) All owners and all occupants of parcels of real property located within one hundred feet of the perimeter of the real properties on which the development is proposed, but at a minimum all owners and all occupants of real property adjacent to the properties on which the development is proposed;

(5) All agencies for which an approval for the proposed development may be required, including the state lands commission when an application for a CDP is submitted to the city on property that is potentially subject to the public trust;

(6) All known interested parties; and

(7) The coastal commission.

c. Newspaper Notice. At least ten days before the date of the public hearing, the director or the city clerk for hearings before the city council, shall publish a notice in at least one newspaper of general circulation in the city.

d. Alternative Method for Large Mailings. If the number of owners to whom notice would be mailed or delivered is greater than one thousand, instead of mailed notice, the director or city clerk may provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation in the city at least ten days prior to the hearing.

e. Additional Means. The director may also require additional means of notice that is reasonably determined necessary to provide adequate public notice of the application for the proposed project.

3. Language Access. The city shall establish or procure translation services for the purpose of translating critical information in written notices for projects in areas where the use of a language other than English is significant (three percent of residents speaking a language other than English or more).

B. Contents of Notice. The required notice may be combined with other required project permit notice(s), shall be mailed by first class mail and shall include the following information:

1. A statement that the project is within the coastal zone, and that the project decision will include a determination on a CDP;

2. The date of filing of the application;

3. The name of the applicants and the applicants' agents;

4. The number assigned to the application;

5. A description of the proposed project and its location;

6. A determination of whether the project is appealable to the coastal commission;

7. The date, time and place of the hearing and/or decision on the application;

8. A brief description of the procedures for public comment and decision on the application, including listing what review authority is to decide on the CDP application, as well as the system of appeal for any actions taken; and

9. All procedures for challenge and appeal associated with the type of application being considered.

C. Re-Noticing required. If a decision on a CDP is continued by the review authority to a date or time not specific, the item shall be re-noticed in the same manner and within the same time limits established by this section. If a decision on a CDP is continued to a specific date and time within thirty days of the first hearing, then no re-noticing is required.

(Ord. No. 662, § 2, 12-13-23)

To approve a CDP, the review authority must find that the development, as proposed and conditioned, is consistent with all applicable LCP policies and standards, including making all of the following findings, that themselves shall be based upon substantial evidence:

A. LCP Consistency. The project is consistent with the LCP.

B. Public Views. The project protects or enhances public views.

C. Habitat Protection. The project protects vegetation, natural habitats and natural resources consistent with LCP.

D. Design Consistency. The design, location, size, and operating characteristics of the proposed development is consistent with applicable LCP design requirements, including design plans and area plans incorporated into the LCP.

E. Coastal Access. The project protects or enhances public access to and along the coast.

F. Visitor Serving. The project supports the LCP goal of providing for visitor-serving needs as appropriate, including providing low and no cost visitor and recreational facilities.

G. Appropriate Use. The project is consistent with the allowed LCP uses associated with the property.

H. Coastal Resources. The proposed development protects or enhances coastal resources, where applicable.

I. Environmental Justice. The project addresses whether proposed development results in environmental justice impacts, consistent with LCP environmental justice policies. When relevant, the project includes mitigation measures to minimize or eliminate potential adverse and/or disproportionate impacts of development on environmental justice communities.

J. Hazards. The proposed development is consistent with the LCP's coastal hazards provisions.

(Ord. No. 662, § 2, 12-13-23)

A. The city's decision on a CDP shall become final when all local rights of appeal have been exhausted per Section 17.39.090, Appeals of CDP Decisions. Within ten calendar days of a final action on a CDP application, the city shall provide notice of such action by first class mail to the applicant, the coastal commission, and any other persons who have requested such notice by submitting a self-addressed, stamped envelope to the city. The notice sent to all parties shall at a minimum include a cover sheet or memo summarizing the relevant action information, and the notice sent to the coastal commission shall include that cover sheet/memo, as well as additional supporting materials that further explain and define the action taken, as follows:

1. Cover Sheet/Memo. The cover sheet/memo shall be dated and shall clearly identify at a minimum the following information:

a. All project applicants and project representatives and their address and other contact information.

b. Project description and location.

c. City decision making body, city decision, and date of decision.

d. All local appeal periods and disposition of any local appeals filed.

e. Whether the city decision is appealable to the coastal commission, the reason why it is or isn't appealable to the coastal commission, and procedures for appeal to the coastal commission.

f. A list of all additional supporting materials provided to the coastal commission.

g. All recipients of the notice.

2. Additional Supporting Materials to the Coastal Commission. The additional supporting materials shall include at a minimum the following information:

a. The final adopted findings and final adopted conditions.

b. The final staff report.

c. The approved project plans.

d. All other substantive documents cited and/or relied upon in the decision including CEQA documents, technical reports (e.g., geologic reports, biological reports, etc.), correspondence, etc.

B. If the coastal commission does not notify the city in writing of any deficiency in such notice of final action within five calendar days of its filing, the notice of final action will be deemed filed for the purposes of this IP as of the date of the notice.

(Ord. No. 662, § 2, 12-13-23)

A. Local Decisions on CDPs. Local decisions on CDPs may be appealed by an aggrieved person in accordance with Section 17.36.130, Appeals. An aggrieved person is any person who, in person or through a representative, appeared at the city's public hearing in connection with the decision or action appealed, or who, by other appropriate means prior to a hearing informed the city of the nature of their concerns, or who for good cause was unable to do either. An aggrieved person includes the applicant for a CDP.

B. Appeals to the Coastal Commission.

1. In accordance with Coastal Act Section 30603, any city CDP approval in the following geographic areas may be appealed to the coastal commission:

a. Projects located between the sea and the first public road paralleling the sea or within three hundred feet of the inland extent of any beach or of the mean high tide line of the sea where there is no beach, whichever is the greater distance.

b. Projects located on tidelands, submerged lands, public trust lands, within one hundred feet of any wetland, estuary, or stream, or within three hundred feet of the top of the seaward face of any coastal bluff.

2. In accordance with Coastal Act Section 30603, any city CDP approval or denial for a major public works project (including a publicly financed recreational facility or a special district development) or a major energy facility may be appealed to the coastal commission.

3. Appeals to the coastal commission may be filed by the project applicant, any aggrieved person, or any two members of the coastal commission, and must be submitted to the coastal commission within ten working days of coastal commission receipt of a non-deficient notice of final action.

4. City decisions may be appealed to the coastal commission only after an appellant has exhausted all local appeals from the planning commission to the city council, except that exhaustion of city council appeals is not required if any of the following occur:

a. The city requires an appellant to appeal to a body other than the city council.

b. An appellant was denied the right of the appeal by a city ordinance that restricts the class of persons who may appeal a local decision other than as provided in this IP.

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

d. The city required an appeal fee for the filing or processing of the appeal to the city council.

(Ord. No. 662, § 2, 12-13-23)

A. CDP Effective Date.

1. For CDP decisions that are not appealable to the coastal commission, CDPs shall become effective once the city's non-deficient notice of final action per Section 17.39.080, Notices of City's Final Action on CDPs, has been received by the commission.

2. For CDP decisions that are appealable to the coastal commission, CDPs shall become effective either (a) after the coastal commission's ten-working day appeal period has run with no valid appeal being filed; or (b) following coastal commission final action on an appeal, subject to any terms and conditions of such action.

B. CDP Expiration. A CDP not exercised by substantial ground altering physical development within two years of the date of its approval shall expire and become void, unless an extension of the expiration deadline is approved. Such extension shall only be granted for good cause, and only if there are no changed circumstances that may affect the consistency of the development with the LCP (and the Coastal Act, if applicable). In such cases where an extension is not granted, the CDP shall be considered expired and the applicant shall be required to reapply for a CDP. Any extension request shall be in writing by the applicant or authorized agent and received by the city prior to expiration of the two-year period. No CDP extension request may be considered if received after its expiration. Extensions shall be considered CDP amendments for purpose of notice and appeal to the coastal commission.

C. CDP Amendment. An applicant may request a CDP amendment by filing an application to amend the CDP pursuant to the requirements of this chapter that apply to new CDP applications. Any amendment approved for development in the coastal zone shall be required to be found consistent with all applicable local coastal program requirements, including with regards to requirements of jurisdiction, hearings, notices and findings for approval, in the same way as new CDPs. Any CDP amendment shall be processed as appealable to the coastal commission if the base coastal permit was also processed as appealable, or if the development that is the subject of the amendment makes the amended project appealable to the coastal commission.

D. CDP Revocation. Where one or more of the terms and conditions of a CDP have not been, or are not being, complied with, or when a CDP was granted on the basis of false material information, the planning commission or city council may revoke or modify the CDP following public hearing. Notice of such hearing shall be the same as would be required for a new CDP.

E. CDP Application Resubmittals. For a period of twelve months following the denial of a CDP, the city shall not accept an application for the same or substantially similar proposed project for the same site, unless the denial or revocation was made without prejudice, and so stated in the record.

(Ord. No. 662, § 2, 12-13-23)

Emergency CDPs may be granted at the discretion of the director (or a local official designated by the city council) for projects normally requiring CDP approval. To be eligible for an emergency CDP, an emergency must exist (defined for this purpose as a sudden unexpected occurrence demanding immediate action to prevent or mitigate loss or damage to life, health, property, or essential public services), including when necessary to restore, repair, or maintain public works, utilities, and services during and immediately following a natural disaster or serious accident or other cases of emergency. The emergency CDP process is intended to allow for emergency situations to be abated through use of the minimum amount of temporary measures necessary to address the emergency in the least environmentally damaging manner.

A. Application. Application for an emergency CDP shall be made to the city by letter if time allows, and by telephone or in person if time does not allow. The applicant shall submit the appropriate fees at the time of application for an emergency CDP.

B. Required Information. The information to be reported during the emergency, if it is possible to do so, or to be fully reported after the emergency, shall include all of the following:

1. The nature of the emergency.

2. The cause of the emergency, insofar as this can be established.

3. The location of the emergency.

4. The remedial, protective, or preventive work required to address the emergency.

5. If reported after the fact, the circumstances during the emergency that appeared to justify the course of action taken, including the probable consequences of failing to take action.

6. All available technical reports and project plans.

C. Verification of Facts. The director or other designated local official shall verify the facts, including the existence and nature of the emergency, as time allows. The director may request, at the applicant's expense, verification by a qualified professional of the nature of the emergency and the range of potential solutions to the emergency situation, including the ways such solutions meet the criteria for granting permit. The director shall consult with the coastal commission as time allows.

D. Public Notice. If time allows, the director shall provide public notice of the proposed emergency action, with the extent and type of notice determined on the basis of the nature of the emergency itself.

E. Criteria for Granting Emergency CDP. The director may grant an emergency CDP upon making all of the following findings, that themselves shall be based upon clear supporting evidence and analysis:

1. An emergency exists and requires action more quickly than permitted by the procedures for ordinary CDPs.

2. The development can and will be completed within thirty days unless otherwise specified by the terms of the emergency CDP.

3. Public comment on the proposed emergency action has been reviewed if time allows.

4. The work proposed would be consistent with the requirements of the certified LCP.

5. The proposed work is the minimum amount of temporary development necessary to abate the emergency in the least environmentally damaging manner.

F. Conditions for Granting Emergency CDP. The director may attach reasonable terms and conditions to the granting of an emergency CDP, including an expiration date and the necessity for submittal of a regular CDP application by a specified date. At a minimum, all emergency CDPs shall include the following conditions:

1. The emergency CDP shall be voided if the approved activity is not exercised within thirty days of issuance of the emergency CDP.

2. The emergency CDP shall expire sixty days following its issuance. The director may extend an emergency CDP for an additional sixty days for good cause including but not limited to the fact that a regular CDP application is on file.

3. Any work completed outside of these time periods requires a regular CDP approval unless an extension is granted by the city.

4. The emergency development authorized by the emergency CDP is only temporary, and can only be allowed to remain provided a regular CDP is obtained to recognize it. Absent a regular CDP, the emergency development shall be removed and the affected area restored to pre-emergency conditions or better within six months of emergency CDP issuance.

5. Within thirty days of completion of construction authorized by the emergency CDP, site plans and cross sections shall be submitted clearly identifying all development completed under the emergency CDP (comparing any previously permitted condition to both the emergency condition and to the post-work condition), along with a narrative description of all emergency development activities undertaken pursuant to the emergency authorization. Photos showing the project site before the emergency (if available), during emergency project construction activities, and after the work authorized by the emergency CDP is complete shall also be provided.

G. Application for Regular CDP. Upon the issuance of an emergency CDP, the applicant shall submit a completed CDP application and any required technical reports within a time specified by the director, not to exceed ninety days. All emergency development approved pursuant to this section is considered temporary and must be removed and the area restored if the development is not recognized by a regular CDP within six months of the date of the emergency CDP issuance, unless the director authorizes an extension of time for good cause.

H. Reporting of Emergency CDPs. The director shall report emergency CDPs issued to the coastal commission and to the city council and planning commission. The emergency CDP shall be scheduled on the agenda of the city council at its first scheduled meeting after that emergency CDP has been issued.

(Ord. No. 662, § 2, 12-13-23)