Watsonville Municipal Code Art. 4 Administration and Procedure

The administrative and procedural regulations of Chapter 10 of Title 14 of this Code shall apply, except as modified by this article. A public hearing shall be held prior to action on any coastal permit.

(§ 1, Ord. 789-88 C-M, eff. December 8, 1988)

Applications for any administrative, legislative, or review procedure prescribed by this chapter shall be filed in the office of the Zoning Administrator on the forms prescribed therefor.

(§ 1, Ord. 789-88 C-M, eff. December 8, 1988)

The effective date of permits or any authorized action depends on whether such action can be appealed, as well as whether or not legal review of public access, open space or conservation easements can be appealed.

(a) The coastal permit shall become effective within fourteen (14) working days after it is approved, unless it is appealed to another City reviewing body pursuant to the provisions of this article, or one or more of the following apply:

(1) The coastal permit is appealed to the Coastal Commission pursuant to the provision of this article, in which case the City shall refrain from issuing the coastal development permit unless and until:

(i) The Coastal Commission finds that the appeal raises no substantial issue; or

(ii) The appeal is withdrawn;

(2) The Coastal Commission notifies the City that the notice of final action for an appealable development, filed pursuant to Section 9-5.412 of this article, does not meet the requirements of Section 13571 of the Administrative Code of the State; or

(3) Legal review of public access, open space or conservation easements or similar documents by the Executive Director of the Coastal Commission is required pursuant to Section 13574(a) of the Administrative Code of the State. In such case the city shall refrain from issuing the coastal development permit until the appeal, if any, has been resolved by the Coastal Commission and:

(i) Fifteen (15) working days have passed since the receipt of the documents by the Executive Director, if notification of inadequacy has not been received by the City within this time period; or

(ii) The Executive Director notifies the City that the deficiencies have been resolved, following notification of inadequacy.

(b) If, upon appeal, the Coastal Commission approves or denies a coastal development permit for the project, the City coastal permit action will be stayed indefinitely and the City’s coastal permit shall not be issued.

(c) If not stayed by any of the above circumstances, the City’s final decision on appealable development shall become effective only after the ten (10) working day Coastal Commission appeal period expires. Such Coastal Commission appeal period is established by the receipt date, in the District Office of the Commission, of the notice of final action pursuant to Section 9-5.412 of this article.

(§ 1, Ord. 789-88 C-M, eff. December 8, 1988)

The Zoning Administrator is hereby authorized to advertise and to notice a public hearing as provided in this article for the Coastal Commission and the City Clerk for the Council when required by this article or when such hearing is considered desirable or necessary in order to carry out the purpose of this chapter. No defect in the notice procedure shall affect jurisdiction to take action on a matter.

(§ 1, Ord. 789-88 C-M, eff. December 8, 1988)

Notice of a public hearing shall be posted by certified mail, postage prepaid, not less than ten (10) days prior to the date of the hearing to each owner of property contiguous to the property in question or separated therefrom only by a public easement or right-of-way and to each property owner within 100 feet of the perimeter of the property in question.

In the case of applications for developments which are appealable in accordance with Section 9-5.410 of this article, such notice shall be provided within ten (10) calendar days of acceptance of the application. Notice by first class mail shall also be given, in accordance with the above time limits, to the following:

(a) Additional persons. Such additional persons as the Council, Commission, or Zoning Administrator may deem advisable;

(b) Mailing to interested persons. Persons who have requested to be on a mailing list for specific projects or for any category of coastal decision, (e.g., permits, amendments, or exclusions) within the City and have provided a self-addressed stamped envelope to the Planning Department;

(c) Mailing to Coastal Commission. One copy of the hearing notice shall be sent to the District Office of the Coastal Commission.

(d) Mailing to Neighboring Residents. All residents, not included above, within 100 feet of the perimeter of the parcel on which the development is proposed.

(§ 1, Ord. 789-88 C-M, eff. December 8, 1989)

Notice of a public hearing shall be given by posting notices in at least three (3) conspicuous places within 100 feet of the subject property not less than ten (10) days prior to the date of the hearing.

(§ 1, Ord. 789-88 C-M, eff. December 8, 1988)

Notice of the time and place of a public hearing shall be given by at least one publication in a newspaper of general circulation in the City not less than ten (10) days prior to the date of the hearing.

(§ 1, Ord. 789-88 C-M, eff. December 8, 1988)

One copy of the notice of a public hearing shall be mailed to the applicant or agent of the applicant.

(§ 1, Ord. 789-88 C-M, eff. December 8, 1988)

Notices of public hearings shall contain the following information:

(a) The case number assigned;

(b) The description of the project and its proposed location;

(c) A statement that the development is in the Coastal Zone;

(d) A statement about coastal permit requirements (that is, exempt or required);

(e) The date of the filing of the application and the name of the applicant;

(f) The time and date of the hearing;

(g) The address and place of the hearing;

(h) A general description of the property involved;

(i) A statement that any interested person is invited to appear and either endorse or object to the application in question;

(j) A statement as to whom an appeal may be taken and the time limit established for such appeal, if any;

(k) The procedure for appealing coastal permits to the Coastal Commission, if applicable; and

(l) A statement that anyone so requesting shall be notified of the action on the application in question.

(§ 1, Ord. 789-88 C-M, eff. December 8, 1988)

Any public hearing may be continued from time to time by the body or official conducting the hearing, subject to limitations provided by law, and in such cases no further notice need be given.

(§ 1, Ord. 789-88 C-M, eff. December 8, 1988)

(a) Coastal permits shall be either appealable or non-appealable to the Coastal Commission. The determination shall be made by the Zoning Administrator at the time the application is filed.

(b) Coastal permits shall be only appealable after all City appeals are exhausted, except for appeals by members of the Coastal Commission, and in cases where the appellant is denied the right of local appeal because the City’s notice or hearing procedure did not comply with the provisions of this article; in such cases, the appeal may be made directly to the Coastal Commission.

(1) Only the following coastal permit applications shall be appealable to the Coastal Commission:

(i) Developments approved by the City which are located in a sensitive coastal resource area or within 100 feet of the stream or wetland; and

(ii) Any major public works project or major energy facility where:

(aa) “Major public works” means any of the following that cost more than One Hundred Thousand and no/100ths ($100,000.00) Dollars with an automatic increase in accordance with the Engineering News Record Construction Cost Index:

(ba) All production, storage, transmission, and recovery facilities for water, sewerage, telephone, and other similar utilities owned or operated by any public agency or by any utility subject to the jurisdiction of the Public Utilities Commission, except for energy facilities;

(bb) All public transportation facilities, including streets, roads, highways, public parking lots and structures, ports, harbors, airports, railroads, and mass transit facilities and stations, bridges, trolley wires, and other related facilities;

(bc) All publicly financed recreational facilities, all projects of the State Coastal Conservancy, and any development by a special district;

(bd) All community college facilities.

(ab) Notwithstanding the criteria in subsection (1)(ii)(aa) of this subsection (b), “major public works” also means publicly financed recreational facilities that serve, affect, or otherwise impact regional or statewide use of the coast by increasing or decreasing public recreational opportunities or facilities.

(ac) “Major energy facility” means any public or private processing, producing, generating, storing, transmitting, or recovering facility for electricity, natural gas, petroleum, coal, or other source of energy that costs more than One Hundred Thousand and no/100ths ($100,000.00) Dollars with an automatic increase in accordance with the Engineering News Record Construction Cost Index.

(2) An appeal may be filed only by the applicant, an aggrieved person as defined by this chapter, or any two (2) members of the Coastal Commission. An appeal shall be made in accordance with the appeal procedures contained in this article, except that appeals by any two (2) members of the Coastal Commission shall be filed prior to the effective date of the permit, or not later than ten (10) working days following the date of receipt of the notice of final action in the Coastal Commission’s District Office, whichever is later. Appeals by members of the Coastal Commission may be made following decisions of the reviewing body, Zoning Administrator, Planning Commission, or City Council.

(3) Grounds of appeal, pursuant to subsections (1)(i) and (1)(ii) of this subsection (b) shall be limited to an allegation that the development does not conform to the certified Local Coastal Program.

(4) Appeals to the Coastal Commission pursuant to this section must be filed with the Coastal Commission on forms prescribed by and available from the Coastal Commission.

(§ 1, Ord. 789-88 C-M, eff. December 8, 1988; as amended § 1, Ord. 1096-00 C-M, eff. October 12, 2000)

Where a building, grading and/or encroachment permit is required as an emergency measure to protect life and property from imminent danger or to restore, repair, or maintain public works, utilities, or services during and immediately following a natural disaster or serious accident, and a coastal development permit authorized by this chapter is needed to accompany such local permits, an emergency permit may be issued in accordance with the following provisions:

(a) For purposes of this section, an emergency shall be as defined in Section 9-5.837 of Article 8 of this chapter;

(b) Applications for emergency permits shall be made within three (3) days of the disaster or discovery of danger. Such applications shall be made to the Planning Director, in writing if time allows, or by telephone or in person if time does not allow.

(c) The information to be reported during the emergency, if it is possible to do so, or as soon as possible after the emergency, shall include 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; and

(4) The remedial, protective or preventative work required to deal with the emergency.

(d) The Planning Director shall verify the facts, including the existence and nature of the emergency, insofar as time allows.

(e) The Planning Director shall provide public notice of the proposed emergency work, with the intent and type of notice determined on the basis of the nature of the emergency.

(f) The Planning Director may grant an emergency permit based upon reasonable terms and conditions, including language indicating that the work accomplished under an emergency permit is considered temporary unless a regular permit is issued for the work, an expiration date and the necessity for a regular permit application later, if he or she finds that:

(1) An emergency exists that requires action more quickly than permitted by the procedures for regular permits administered pursuant to this chapter, and the work can and will be completed within thirty (30) days unless otherwise specified by the terms of the permit;

(2) Public comment on the proposed emergency action has been reviewed, if time allows; and

(3) The work proposed would be consistent with the requirements of the certified Local Coastal Program.

(g) Within thirty (30) days of the application for an emergency permit pursuant to subsection (b) of this section, the permittee, or property owner if different than the permittee, shall file a completed application for a coastal development permit and any other planning permits deemed necessary by the Planning Director.

(h) The Planning Director shall report emergency permits to the City Council at their next regular meeting and to the Coastal Commission pursuant to Section 9-5.412 of this article. The decision to issue an emergency permit is solely at the discretion of the Planning Director although subsequent coastal permits required for the project are subject to all applicable hearing requirements as specified in this chapter.

(§ 1, Ord. 789-88 C-M, eff. December 8, 1988; as amended by § 1, Ord. 1096-00 C-M, eff. October 12, 2000)

Within seven (7) calendar days after the approval of a coastal permit, the City shall provide notice of its action by first-class mail to the Coastal Commission and to any person who specifically requested notice of such final action by submitting a self-addressed, stamped envelope to the Planning Department. Such notice shall include the conditions of approval and written findings and the procedures for the appeal of the local decision to the Coastal Commission. Such notice shall also be provided by the City or by the applicant in accordance with Section 13571(b) of the Administrative Code of the State for any developments approved by operation of law pursuant to Sections 65950 through 65957.1 of the Government Code of the State.

(§ 1, Ord. 789-88 C-M, eff. December 8, 1988)

(a) Expiration.

(1) Each approved permit shall expire and become null and void after twelve (12) months after the date on which it is approved, unless exercised; a lesser time may be specified.

(2) An approved permit shall apply to the subject property and run with the land. Once exercised, an approved permit shall remain effective unless terminated or modified and shall remain effective even if the subject property is rezoned.

(3) An approved permit shall be transferable to any future owner of the subject property.

(b) Extension of coastal permits. Any coastal permit may be extended for an additional period no to exceed one year by the body which approved the permit. A public hearing duly noticed pursuant to the noticing requirements of Sections 9-5.404 through 9-5.408 shall be held to consider the extension. The extension request may be granted only if the reviewing body determines that there are no changed circumstances that may affect the consistency of the development with the Local Coastal Program. Notice of the reviewing body’s determination of changed circumstances shall be provided consistent with the provisions of Section 9-5.412.

The determination of whether or not changed circumstances exist shall be appealable to the Coastal Commission as described in Section 9-5.410 for the following coastal permit extension requests: (1) if the original coastal permit was appealable to the Coastal Commission; or (2) if the development authorized by the original coastal permit would be appealable pursuant to Section 9-5.410 at the time the extension request is received by the City.

If the reviewing City body, or the Coastal Commission on appeal, determines that changed circumstances exist that may affect the consistency of the development with the Local Coastal Program, then the extension request shall be denied and the development shall be set for a full public hearing on the development as if it were a new application. In such a case, the Applicant shall not be required to file a new coastal permit application, but instead shall submit any information that the City, or the Executive Director of the Coastal Commission if on appeal, deems necessary to evaluate the effect of the changed circumstances.

Any extension applied for prior to the expiration of the coastal permit shall automatically extend the time for commencement of development until such time as the reviewing body has acted upon the coastal permit extension request. The Applicant shall not undertake development during the period of automatic extension.

(c) Revocation of permits. In any case where the conditions to the granting of a permit have not been or are not complied with, the decision-making body which approved the permit shall give notice thereof to the permittee, specifying a reasonable period of time within which to perform such conditions and correct such violation. If the permittee fails to comply with such conditions, or correct such violation, the permit shall be revoked.

(d) Modifications. The Zoning Administrator shall refer any request for modifications to an approved coastal permit to the decision-making body that approved the coastal permit. A public hearing duly noticed pursuant to the noticing requirements of Sections 9-5.404 through 9-5.408 shall be held prior to modifying an approved coastal permit. Notice of the reviewing body’s action on the request for modifications shall be provided consistent with the provisions of Section 9-5.412.

Any action on a coastal permit modification request shall be appealable to the Coastal Commission as described in Section 9-5.410 for the following coastal permit modification requests: (1) if the original coastal permit was appealable to the Coastal Commission; (2) if the development authorized by the original coastal permit would be appealable pursuant to Section 9-5.410 at the time the modification request is received by the City; or (3) if the modification requested is such that the proposed modified project would be appealable pursuant to Section 9-5.410.

A modification request may be granted only if the reviewing body, either the City or the Coastal Commission if on appeal, determines that: (1) the proposed modification would not lessen or avoid the intended effect of the approved coastal permit; and (2) the modified project would be consistent with the Local Coastal Program. If the modification request is denied by the City, or by the Coastal Commission if on appeal, then the terms and conditions of the original coastal permit shall remain in effect.

A request for modification shall not stay the expiration date of the coastal permit for which the modification is requested.

(§ 1, Ord. 789-88 C-M, eff. December 8, 1988; as amended by § 1, Ord. 1096-00 C-M, eff. October 12, 2000)

As required by Section 13574(a) of the Administrative Code of the State, all coastal development permits subject to conditions of approval pertaining to public access and open space or conservation easements shall be subject to the following procedures:

(a) Upon completion of permit review by the City and prior to the issuance of the permit, the City shall forward a copy of the permit conditions, findings of approval, and copies of all legal documents specified in the conditions of approval for public access and conservation/open space easements. Such documents shall be forwarded to the Executive Director of the Coastal Commission for review and approval of the legal, adequacy and consistency with the requirements of potential accepting agencies. This process does not apply to review of street and road dedications or other unrelated documents.

(b) Following the submittal of the legal documents, the City may issue the permit, subject to the time limits and conditions specified in Section 9-5.402 of this Article.

(§ 1, Ord. 789-88 C-M, eff. December 8, 1988)