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In case the Board of Playground and Recreation Commissioners deny any application for a grant under Section 63.08 within thirty (30) days after written notice to the applicant of the denial of the application, any applicant claiming that the action of the Board of Playground and Recreation Commissioners is arbitrary or unreasonable, may appeal from the decision of the Board to the City Council. The City Council shall consider said application and the facts or the circumstances surrounding the same, and the reason for denial of the grant and, if the City Council shall in its discretion determine that the action of said Board is unreasonable and arbitrary, the City Council may issue such grant on the terms and conditions to be prescribed by the Council, provided such terms and conditions do not violate any State law or Charter provisions concerning beach lands, tide lands or waterfront property, and provided further that such terms and conditions prescribed by the Council do not violate the provisions of this article relating thereto.
If any person now owns or maintains any structure on any public beach land or water over which the Board of Playground and Recreation Commissioners now has or may hereafter acquire jurisdiction and said structure has been erected under and pursuant to a grant issued by the State of California, the County of Los Angeles, or any municipality now existing, or formerly existing within the County of Los Angeles, the same may be maintained in its present condition until the expiration of the time specified in the grant. After the grant under which any such structure was erected has expired, a renewal of such grant must be secured from the Board of Playground and Recreation Commissioners in the manner outlined in this article and subject to the terms outlined therein. Any existing structure, built under a grant issued by the State of California, County of Los Angeles, or any municipality now existing or formerly existing in the County of Los Angeles, on lands that are now under the control of, or that may hereafter be under the control of the Playground and Recreation Commissioners of the City of Los Angeles, and which grant does not specify the length of time for which said grant was to run, shall expire twenty (20) years from the date of the issuance of the grant.
However, any existing structure hereinbefore mentioned in this section may be repaired and maintained in the manner specified in the original grant without the necessity of obtaining a new grant from the Board of Playground and Recreation Commissioners until the expiration of the life of the grant, as above mentioned, but such structure cannot be maintained or repaired in a manner that differs from the manner specified in the original grant for the construction of the same, and, if any such existing structure is now being maintained, or has been repaired, or the grantees or their successors hereafter attempt to maintain or repair such structure in a manner that differs from the original grant in any way that will affect or change the drift of sand, or alter the current of water, the owners of such existing structure must obtain a grant from the Board of Playground and Recreation Commissioners to maintain such existing structure in its present condition and a grant must be obtained in the event that any attempt is made to repair such existing structure in a manner that will alter the current of water or change the drift of sand in a manner different from the original drift of sand or flow of current. The Board may deny said application if in the exercise of a reasonable discretion the Board of Playground and Recreation Commissioners determines after an investigation, that the particular structure for which an application is being made has been repaired and is now being maintained or it is sought to repair or maintain a structure in a manner different from the construction of the same in its original grant and the present or contemplated condition of the structure is or would be such that it would change the current of the water or the drift of the sand in a manner different from the manner in which the original structure would affect the current or drift.
Every grant issued by the Board of Playground Commissioners under this article shall prescribe:
(a) That upon the expiration thereof all groins, jetties, breakwaters, sea walls, pipe lines, sewers, piers, wharves, buildings or other structures shall become and be the property of the City, with or without compensation therefor, as the particular grant may declare, or
(b) That the grantee or holder thereof shall have the privilege, or be compelled to remove the groin, jetty, breakwater, sea wall, pipe line, sewer, pier, wharf, building or other structure, at their own expense, and said grantee may or may not retain the materials used in the construction, as the particular grant may specify.
Before any permit for any groin, jetty, breakwater, sea wall, or other work or structure, which may result in the artificial accretion of land to the adjoining uplands, the Department of Playground and Recreation will require the applicant for such permit to waive all claims, title and interest to and in all such artificial accretions of land which may develop as a result thereof lying beyond or seaward from the line of mean high tide as shown by the survey accompanying the application and as defined by this article.
The Board of Playground and Recreation Commissioners, in the exercise of a reasonable discretion, shall determine whether or not any contemplated repair will change the drift or alter the current of the water in a manner different from the effect of such structure to be repaired on the current or drift prior to the arising of the condition necessitating such repair.
Before the Board of Playground and Recreation Commissioners shall make any grant on any beach property for a period of over five (5) years, the same must be submitted to and approved by the City Council, and without such approval the Board of Playground and Recreation Commissioners shall have no power to make such grant.
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