(A) Purpose - The purpose of this section is to provide minimum procedures for public hearings and to provide recourse if an applicant or interested party is aggrieved by any requirements, decision or determination made by the director, commission or city council in the administration or enforcement of this chapter, including final action taken on any application that is appealable to the coastal commission.
(`64 Code, Sec. 37-5.4.1)
(B) Applicability - The determination of whether a project is nonappealable or appealable for purposes of notice, hearing, and appeals procedures shall be made by the director at the time the application is submitted. This determination shall be made with reference to the certified Oxnard coastal land use plan, including any maps, categorical exclusions, land use designations, and zoning ordinances which are adopted as part of the coastal land use plan. Challenges to this determination shall be resolved pursuant to Cal. Code of Regulations, Title 14, Section 13569.
(`64 Code, Sec. 37-5.4.2)
(C) Hearing and notice requirements - Specific requirements for hearing and notice for each permit category as follows:
(1) For exempt development or categorical exclusions, the director shall provide written notice of his/her determination to residents within 100 feet of the development and to persons known to be interested. The exemption or categorical exclusion shall not become effective until the director has reported his/her determination to the commission at its next regularly scheduled meeting.
(2) For emergency permits, 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, consistent with Cal. Code of Regulations, Title 14, Section 30624. Following issuance of an emergency coastal development permit, the director shall inform the council and the coastal commission, in writing, of the nature of the emergency and the work involved, and shall provide copies of this report to any person requesting a copy. Each emergency permit shall specify the time period in which a coastal permit shall be applied for to allow continuation of the emergency use or activity. This period shall not exceed three months.
(3) At least ten days prior to decision on the applications for development review permits or administrative modifications, the director shall provide notice of the pending development review by first class mail addressed to all persons who have requested to be on the mailing list for that development project or for coastal decisions within the city's jurisdiction, and to all property owners within 300 feet of the perimeter of the parcel on which the development is proposed and to the coastal commission. The notice shall contain the following information:
(a) A statement that the development is within the coastal zone;
(b) The date of filing of the application and the name of the applicant;
(c) The case number assigned to the application;
(d) A description of the development and its proposed location;
(e) The date and time when, and the place at which, the application shall be heard by the city;
(f) A brief description of the general procedure of the city concerning the submission of public comments either in writing or orally prior to the city's decision; and
(g) 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 city's decision.
(4) Review of applications for coastal development permits and variances shall be conducted by the commission with notice being given at least ten days prior to the scheduled public hearing in the following manner:
(a) Notice shall be published in a newspaper of general circulation;
(b) Notice by first class mail to any person who has filed a written request therefor;
(c) Notice by first class mail to property owners within 300 feet and residents within 100 feet of the proposed project;
(d) Notice by first class mail to the coastal commission;
(e) The notice shall contain the following information:
(i) A statement that the development is within the coastal zone;
(ii) The name of the applicant;
(iii) The case number assigned to the application;
(iv) A description of the development and its proposed location; and
(v) The date and time when, and the place at which the application shall be heard by the city.
(f) A brief description of the general procedure of the city concerning the conduct of public hearings; and
(g) The system for city and coastal commission appeals including any fees required.
(5) The Commission shall hear applications for hearings on land use plans, zoning maps, and zoning ordinance amendments and make a recommendation for final determination by the city council.
(a) Notice of each public hearing shall be given at least ten days prior to each hearing in the same manner as prescribed for coastal development permits, except, in the event that the number of owners to whom notice would be sent is greater than 1,000, the city may provide notice by placing a one-quarter page display advertisement in a newspaper of general circulation published and circulated in the city. The notice shall contain the same information as prescribed for coastal development permits.
(b) The commission's recommendation shall be made by resolution carried by the affirmative vote of a majority of its total voting members. The resolution shall be accompanied by a statement outlining the commission's reasons and required findings for such recommendation. Within 40 days of receipt of the recommendation of the commission, the city council shall hold a public hearing on the matter after giving notice of the time and place of the hearing with the city council shall be given in the same manner provided for notice of the hearing by the commission. The city shall assure the availability of documents related to the noticed item for public review prior to the scheduled public hearing. The city council may approve, modify or disapprove the recommendation of the commission. Any modification desired by the city council shall first be referred back to the commission for a report and recommendation, but the commission shall not be required to hold a public hearing thereon. Failure of the commission to report within 40 days of the referral or such longer period as may be designated by the city council shall be deemed to be a recommendation for approval of the proposed modification.
(`64 Code, Sec. 37-5.4.3)
(D) Notice of continued public hearing - If a decision on a coastal permit is continued to a time which has not been stated in the initial notice or at the public hearing, notice of the continued hearing shall be provided in the same manner and within the same time limits as outlined in subsection (C) above.
(`64 Code, Sec. 37-5.4.4)
(E) Notice of final action - Within ten days of a city decision on any permit application, the city shall provide notice of its action by first class mail to the applicant, the coastal commission and any persons who specifically requested notice of such final action by submitting a self-addressed stamped envelope to the city. Such notice shall include conditions of approval and written findings and the procedures for appeal to the coastal commission. Any amendment to the Oxnard coastal land use plan shall not take effect until the amendment has been certified by the coastal commission. Therefore, any approval by the city of an amendment to the coastal land use plan, zoning map, or zoning text shall be submitted to the coastal commission within 14 working days of the final approval by the city council in accordance with Cal. Code of Regulations, Title 14, Sections 30512 and 30513.
(`64 Code, Sec. 37-5.4.5)
(F) Finality of decision - A city decision on any application subject to this article shall be deemed final when:
(1) The city's decision on the application has been made and all required findings have been adopted, including specific factual findings supporting the legal conclusions that the proposal is or is not in conformity with the certified Oxnard coastal land use plan and, where applicable, the public access and recreation policies of Chapter 3 of the Coastal Act.
(2) All rights of appeal to city appellate bodies, as established in subsections (G) and (H) below have been exhausted, as defined in Cal. Code of Regulations, Title 14, Section 13573.
(`64 Code, Sec. 37-5.4.6)
(G) Effective date of finality of decision - The city's final decision on an application for an appealable development shall become effective after the ten working day period for appeal to the coastal commission has expired or after the twenty-first calendar day following the final city action, unless any of the following occur:
(1) An appeal is filed with the coastal commission in accordance with Cal. Code of Regulations, Title 14, Section 13111;
(2) The notice of final city action is not received in the coastal commission office and/or is not consistent with the provisions of subsection (E) above or distributed to interested parties in time to allow for a ten working day appeal period within the 21 days after the city decision. Where any of the circumstances outlined above occur, the coastal commission shall, within five working days of receiving notice of that circumstance, notify the city and the applicant that the effective date of the city action has been suspended.
(`64 Code, Sec. 37-5.4.7)
(H) Appeals - The purpose of this section is to provide procedures for appeals to the commission and city council and to establish criteria for developments that may be appealed to the coastal commission.
(`64 Code, Sec. 37-5.4.8)
(I) Appeal of decisions of the director to the commission -
(1) The decision of the director on the issuance, revocation or modification of any coastal permit may be appealed to the commission by the applicant or any aggrieved person. The appeal application must be filed with the secretary of the commission within ten working days following notice of the decision of the director to the applicant.
(2) The appellant shall state specifically in the appeal in what respects the decision of the director is not in accordance with the purposes of this chapter, is inconsistent with the Oxnard coastal land use plan, or is based on an error or abuse of discretion by the director.
(3) Prior to the hearing on the appeal, the director shall transmit to the commission copies of the permit application, including all maps, data and a statement setting forth the reasons for the director's decision.
(4) The commission shall affirm, reverse or modify the decision of the director at a public hearing. Notice of the time and place of the public hearing shall be given in the manner prescribed in this chapter for coastal development permits. Notice shall also be mailed to the appellant.
(5) The decisions of the commission on appeals of the director's actions shall be final.
(`64 Code, Sec. 37-5.4.9)
(J) Appeal of decisions of the commission to the city council -
(1) The decision of the commission on permits which were initially heard by the commission may be appealed to the city council by the applicant, an aggrieved person or any member of the city council. The appeal must be filed with the city clerk within ten working days of the date of the commission's decision.
(2) The appellant shall state specifically in the appeal in what respects the decision of the commission is not in accordance with the purposes of this chapter, is inconsistent with the Oxnard coastal land use plan or is based on an error or an abuse of discretion by the commission.
(3) Prior to the hearing on the appeal, the city clerk shall notify the commission that an appeal has been filed, after which the commission shall transmit to the city council copies of the application, including all maps, data, and a statement of findings setting forth the reasons for the commission's decision.
(4) The city council shall affirm, reverse, or modify the decision of the commission at a regular public hearing. Notice of the time and place of the public hearing shall be given in a manner prescribed in this article for coastal development permits. Notice shall also be mailed to the appellant.
(5) The decision of the city council on appeals of the commission's action shall be final.
(`64 Code, Sec. 37-5.4.10)
(K) Appeals to the coastal commission -
(1) Pursuant to Cal. Code of Regulations, Title 14, Section 30603(a), appeal of an action by the city council on an “appealable” development may be filed with the coastal commission within ten working days of the decision of the city council by the applicant, an aggrieved person or any two members of the coastal commission.
(2) Only the following coastal permit applications are appealable to the coastal commission after local appeals are exhausted:
(a) Developments approved by the city between the sea and the first public road paralleling the sea within 300 feet of an 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 as indicated on the official city appeal zone maps on file with the development services department; and
(b) Developments approved by the city not included within subsection (a) above, located on tidelands, submerged lands, public trust lands, within 100 feet of any wetland, estuary, stream, or within 300 feet of any top of the seaward face of any coastal bluff, as indicated on the official city appeal zone map or as determined by State Lands Commission.
(c) Any development which constitutes a major public works project or a major energy facility.
(3) Grounds of appeal.
(a) The grounds of appeal for any permit application appealable under subsection (K)(2)(a) above shall be limited to one or more of the following:
(i) The development fails to provide adequate physical access or public or private commercial use or interferes with such uses;
(ii) The development fails to protect public views from any public road or recreation area to and along the coast;
(iii) The development is not compatible with the established physical scale of the area;
(iv) The development may significantly alter existing natural land forms; and
(v) The development does not comply with shoreline erosion and geologic setback requirements.
(b) The grounds of appeal for any permit application appealable under subsections (K)(2)(b) or (c) above shall be limited to whether the proposed development is in conformity with the Oxnard certified coastal program.
(`64 Code, Sec. 37-5.4.11)
(L) Exhaustion of city appeals - Pursuant to Cal. Code of Regulations, Title 14, Section 13573, an appellant shall be deemed to have exhausted local appeals for purposes of Cal. Code of Regulations, Title 14, Section 13111 and shall be qualified as an aggrieved person where the applicant has pursued his/her appeal to the city appellate body as required by city appeal procedures.
(`64 Code, Sec. 37-5.4.12)
(Ord. No. 2716)