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The Zoning Administrator shall determine whether or not a project is exempt or subject to a Coastal Permit Application pursuant to Sections 330.2 through 330.4 of the Planning Code. If the project requires a Coastal Zone Permit Application, the Zoning Administrator shall determine whether the project may be appealed to the California Coastal Commission, or whether the project can only be appealed locally to the Board of Appeals.
(Ord. 509-85, App. 11/22/85; amended by Ord. 188-15
, File No. 150871, App. 11/4/2015, Eff. 12/4/2015)
AMENDMENT HISTORY
The Planning Commission shall hold a public hearing on any Coastal Zone Permit Application for which the Zoning Administrator has determined from the findings that the project has a significant impact on the Coastal Zone. Any projects which may be appealed to the California Coastal Commission shall be scheduled for review by the Planning Commission. The Planning Commission may schedule a public hearing on any Coastal Zone Permit Application on its own motion.
(Ord. 509-85, App. 11/22/85; amended by Ord. 188-15
, File No. 150871, App. 11/4/2015, Eff. 12/4/2015)
AMENDMENT HISTORY
The Planning Department shall notify the California Coastal Commission of each Coastal Zone Permit Application received as follows:
(a) A written notice to the California Coastal Commission shall be mailed within 10 calendar days of filing of a Coastal Zone Permit Application with the Planning Department. This notice shall include the application number, address or location, the nature of the project, determination of whether the project is exempt, or appealable to the California Coastal Commission, and schedule for permit review.
(b) A written notice to the California Coastal Commission shall be mailed within seven calendar days after a final decision has been made by the Zoning Administrator or Planning Commission. Notice of approval shall include the findings, the action taken by the Zoning Administrator or Planning Commission, Conditions of Approval if any, and procedures for appeal.
(c) The Planning Department shall notify in writing the California Coastal Commission of any appeal of a Coastal Zone Permit Application to the Board of Appeals. This notification shall take place within 10 calendar days of filing the appeal. A notice of final action on the appeal shall be mailed by the Planning Department to the California Coastal Commission within seven calendar days of such action.
(d) A local decision on a Coastal Zone Permit shall not be deemed complete until:
(1) The local decision on the application has been made and all required findings have been adopted, including specific factual findings supporting the legal conclusions that the proposed development is or is not consistent with the Local Coastal Program; and
(2) When all local rights of appeal have been exhausted.
(Ord. 509-85, App. 11/22/85; amended by Ord. 188-15
, File No. 150871, App. 11/4/2015, Eff. 12/4/2015)
AMENDMENT HISTORY
In addition to the notice standards of Sections 306 through 306.5 in this Code, and any other notice requirement by the Building Code or any other notice required by the Municipal Code, the Zoning Administrator shall provide notice of a Coastal Zone Permit Application as required by Section 333 of this Code.
(Ord. 509-85, App. 11/22/85; amended by Ord. 179-18, File No. 180423, App. 7/27/2018, Eff. 8/27/2018, Oper. 1/1/2019)
In case of an emergency, temporary emergency authorization to proceed may be given by the Director of Planning or his designee until such time as a full Coastal Zone Permit Application shall be filed.
(a) An applicant may request an Emergency Coastal Zone Authorization by letter to the Director of Planning, in person or by telephone, if time does not allow. The following information shall be included in the request:
(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 deal with the emergency;
(5) The circumstances during the emergency that appeared to justify the cause(s) of action taken, including the probable consequences of failing to take action.
(b) The Director shall verify the facts, including the existence and the nature of the emergency, insofar as time allows. The Director shall provide public notice of the emergency work, with the extent and type of notice determined on the basis of the nature of emergency. If time does not allow for public notice to be given before the emergency work begins, the Director shall provide public notice of the action taken soon thereafter. The Director may grant emergency authorization upon reasonable terms and conditions, including an expiration date and the necessity for a regular permit application later, if the Director finds that:
(1) An emergency exists that requires action more quickly than permitted by the procedures for administrative permits or for regular permits and the work can and will be completed within 30 days unless otherwise specified by the terms of the authorization;
(2) Public comment on the proposed emergency action has been reviewed, if time allows;
(3) The work proposed would be consistent with the requirements of the Local Coastal Program.
(c) The Director shall not grant an Emergency Coastal Zone Authorization for any work that falls within an area that the Coastal Commission retains direct permit review authority as designated on Section Maps CZ4, CZ5, and CZ13 of the Zoning Map. In such areas, an applicant may request emergency authorization from the California Coastal Commission.
(d) The Director shall report, in writing, to the Coastal Commission and to the Planning Commission, at its first scheduled meeting after authorizing the emergency work, the nature of the emergency and the work involved. Copies of this report shall be available at the meeting and shall be mailed to all persons who have requested such notification in writing. The report of the Director shall be informational only; the decision to grant an Emergency Coastal Zone Authorization is at the discretion of the Director of Planning or his designee.
(Ord. 509-85, App. 11/22/85; amended by Ord. 188-15
, File No. 150871, App. 11/4/2015, Eff. 12/4/2015)
AMENDMENT HISTORY
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