Oceanside Municipal Code Art. III Permits

No person shall construct any seawalls, shoreline structures or similar devices as defined in Article II without first obtaining a valid coastal development permit to do so as hereinafter provided. Such permit shall remain in effect for a period not to exceed two (2) years.

(Ord. No. 83-11, § 1, 4-13-83)

Application for the construction in the coastal zone of any structures defined in Article II of this chapter shall be made to the planning commission in accordance with such procedures as may be adopted by the city council. The planning commission shall hold a public hearing and shall approve, conditionally approve or deny the coastal development permit. The planning commission shall announce its decision by resolution which clearly states the facts and reasons for the decisions rendered and any conditions or limitations imposed.

(Ord. No. 83-11, § 1, 4-13-83)

An application shall be denied if it:

(1) Fails to comply with any provisions of this chapter;

(2) Conflicts with the intent and purpose of this chapter; or

(3) Conflicts with the city's certified local coastal plan.

(Ord. No. 83-11, § 1, 4-13-83)

Anyone so desiring may appeal the decision of the planning commission to the city council in writing within twenty (20) days after adoption of the decision resolution. The city council within the same twenty (20) days may also initiate such an appeal.

(Ord. No. 83-11, § 1, 4-13-83)

Filing fees shall be paid to the city planning department at the time of application for the coastal development permit, in accordance with the fee schedule adopted by resolution of the city council.

(Ord. No. 83-11, § 1, 4-13-83)

(a) An applicant shall obtain a U.S. Army Corps of Engineers permit under Section 10 of the Rivers and Harbor Act of 1899 for structures and/or work within the navigable waters of the United States if the work or structure is on or seaward of the mean high-water line and/or under Section 404 of the Clean Water Act for fills within the nation's waters if the fill is on or seaward of the high-tide line.

(b) All applicants for shoreline structures to be constructed on private property must obtain a building permit pursuant to Chapter 6 of the Municipal Code.

(c) All applicants for shoreline structures to be constructed within the public right-of-way must obtain a valid grading permit pursuant to Ordinance 81-20.

(d) An applicant shall show evidence of having obtained all necessary federal and/or state permits for construction of seawalls or other shoreline structures at the time of building or grading permit application.

(Ord. No. 83-11, § 1, 4-13-83)

Editor's note— Ord. No. 81-20, referred to in subsection (c), is not included in this Code.