INTRODUCTION

The following document presents the proposed implementing ordinance portion of the City of Hermosa Beach Local Coastal Program as recommended by the Planning Commission. The proposed ordinance would apply to the portion of the City that is located within the Coastal Zone.

 

CHAPTER 17.37

COASTAL DEVELOPMENT OVERLAY ZONE

17.37.010 Purpose

17.37.020 Definitions

17.37.030 Permit Required

17.37.040 Exemptions and Categorical Exclusions

17.37.050 Coastal Development Permit Applications

17.37.060 Determination of Jurisdiction

17.37.070 Resolving Jurisdictional Determination Disputes

17.37.080 Coastal Development Permit Notice Requirements

17.37.090 Coastal Development Permit Public Hearings

17.37.100 Coastal Development Permit Approval or Denial Findings

17.37.110 Conditions of Approval

17.37.120 Notice of Action and Appeal Rights

17.37.130 Appeals

17.37.140 Expiration of Unused Permits

17.37.150 Amendments to Coastal Development Permit Permits

17.37.160 Reapplication

17.37.170 Revocation of Coastal Development Permits

17.37.190 Enforcement

17.37.190 Emergency Coastal Development Permits

17.37.200 Continuing Validity of Permit

17.37.210 Local Coastal Program Amendments

17.37.220 Encroachments

17.37.230 Downtown Implementation Plan

17.37.240 Water Quality

17.37.250 Temporary/Special Event Calendar

 

17.37.010 Purpose. The regulations of this Chapter shall apply in the Coastal Zone, as defined by the California Coastal Act and map prepared by the California Coastal Commission and zoned as Coastal Zone Overlay (-CZ) on the City’s Zoning Map. The Coastal Development Permit is established to ensure that public or private development within the Coastal Zone conforms to the policies and programs of the California Coastal Act (Division 20 of the Public Resources Code) as amended, the City of Hermosa Beach Certified Local Coastal Program, the General Plan, Zoning Ordinance and anyimplementation programs.

17.37.020 Definitions

Definitions of terms not contained herein, shall be the same those terms are defined in Coastal Act .

"Appealable Development" means any development project that may be appealed to the Commission and is located within or constitutes any of the following:

I. Approval of a development project located within any appealable area, as follows:

a. All areas between the sea and first public road paralleling the sea or within three hundred (300) feet of the inland extent of any beach or the mean high tide line of the sea where there is no beach, whichever is the greater distance.

b. All areas within one hundred (100) feet of any wetland, estuary, or stream and all areas within three hundred (300) feet of the top of the seaward face of any coastal bluff.

2. Approval or denial of a development project that constitutes a major public works project or a major energy facility.

3. Approvals of developments that require an amendment to the City Zoning Ordinance or General Plan.

"Applicant" means the person, partnership, corporation, or state or local government agency applying for a Coastal Development Permit.

"Approving Authority" means a City officer, City Council, or commission approving a Coastal Development Permit.

"Coastal Commission" means the California Coastal Commission.

"Coastal Development Permit" means a permit issued by the City of Hermosa Beach, in accordance with the provisions of this chapter, approving development in the CZ Overlay District as being in conformance with the Local Coastal Program. A Coastal Development Permit includes all application materials, plans and conditions on which the approval is based.

"Coastal Policy Checklist" means a form prepared and completed by the Director as a guide for reviewing a Coastal Development Permit application for conformance with the Local Coastal Program. It shall list appropriate application information, all relevant Local Coastal Program policies, those policies with which the application does not comply, and recommended conditions, if any, which could be imposed to bring the application into compliance.

"Coastal Zone" means that portion of the Coastal Zone, as established by the Coastal Act of 1976 and as it may subsequently be amended, that lies within the City of Hermosa Beach, as indicated on a map on record with the Department of Community Development.

"Development" means on land, in or under water, the placement or erection of any solid material or structure; discharge or disposal of any materials; grading, removing, dredging, mining, or extraction of any materials; change in the density or intensity of use of land, including, but not limited to, subdivision pursuant to the Subdivision Map Act (commencing with Section 66410 of the Government Code), and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition. or alteration of the size of any structure, including any facility of any private, public, or municipal utility; and the removal or harvesting of major vegetation other than for agricultural purposes, kelp harvesting and timber operations.

"Director" means the City of Hermosa Beach Community Development Director.

"Emergency" means a sudden unexpected occurrence demanding immediate action to prevent or mitigate loss or damage to life, health, property or essential public services

"Local Coastal Program" means the City’s land-use plans, Planning and Zoning Ordinances, zoning maps, and implementation actions certified by the Coastal Commission as meeting the requirements of the California Coastal Act of 1976.

"Major Public Works Project" means:

1. A public works project that exceeds one hundred thousand dollars ($100,000) in its estimated cost of construction with an automatic increase in accordance with the Engineering News Record Construction Cost Index, except for those governed by the provisions of Public Resources Code Sections 30610, 30610.5, 301611 or 30624.

2. Not withstanding the criteria in (1), "major public works" also means publicly financed recreational facilities that serve, affect, or otherwise impact regional or statewide use of the facilities.

"Other Permits and Approvals" means permits and approvals, other than a Coastal Development Permit, required by the City of Hermosa Beach Zoning or Municipal Code before a development may proceed.

"Overlay District" means a set of zoning requirements, described in the ordinance text and mapped, which is imposed in addition to the requirements of one or more underlying districts. Development in such districts must comply with the requirements of both the Overlay District and the underlying base zoning district and Area District.

"Pemittee" means the person, partnership, corporation or agency issued a Coastal Development Permit.

"Project" means any development as defined in this section.

"Sea" means the Pacific Ocean and all harbors, bays, channels, estuaries, salt marshes, sloughs, and other areas subject to tidal action through-any connection with the Pacific Ocean excluding non-estuarine rivers, streams, tributaries, creeks, and flood control and drainage channels.

"Sensitive coastal resource areas" means those identifiable and geographically bounded land and water areas within the Coastal Zone of vital interest and sensitivity. "Sensitive coastal resources areas" include the following:

1. Special marine and land habitat areas, wetlands, lagoons, and estuaries as mapped and designated in the coastal plan.

2. Areas possessing significant recreational value.

3. Highly scenic areas.

4. Archaeological sites referenced in the California Coastline and Recreation Plan or as designated by the State Historic Preservation Officer.

5. Special communities or neighborhoods which are significant visitor destination areas.

6. Areas that provide existing coastal housing or recreational opportunities for low- and moderate-income persons.

7. Areas where divisions of land could substantially impair or restrict coastal access.

"Temporary/Special Event" is an activity or use that does not exceed a two week period on a continual basis, or does not exceed a consecutive four month period on an intermittent basis. A Temporary/Special Event involves the placement of non-permanent structures, such as film sets and equipment, bleachers, perimeter fencing, vendor tents/canopies, judging stands, trailers, portable toilets, sound/video equipment, stages, platforms, which do not involve grading or landform alteration for installation, and/or exclusive use of a sandy beach, parkland, water, streets or parking area which is otherwise open and available for general public use. "Exclusive use" means a use that precludes use in the area of the event for public recreation, beach access or access to coastal waters other than for or through the event itself.

17.37.030 Permit Required

A. Coastal Development Permit Required. Any development in the Coastal Zone shall obtain a Coastal Development Permit, with the exception of projects identified in Section 30519 (b) of the Public Resources Code or a development specifically exempted by Section 17.37.040 this Division.

B. Determination of Exemption or Categorical Exclusion. A determination of whether a development is exempt or categorically excluded from the Coastal Development Permit requirements shall be made by the Director at the time an application is submitted for development within the Coastal Zone pursuant to Section 17.37.040. Any dispute arising from the Director's determination shall be resolved pursuant to the procedure described in Section 17.37.070.

C. Existing Coastal Development Permits or Applications in Process. The following shall apply to existing applications for Coastal Development Permits or existing Coastal Development Permits:

1. Development authorized by a permit issued by the California Coastal Commission shall remain under the jurisdiction of the Commission for the purposes of compliance, amendment, extension, reconsideration and revocation.

2. Any proposed development that the City preliminarily approved before effective certification of the Local Coastal Program and which has not been filed complete with the Commission, shall be re-submitted to the City through an application for a permit pursuant to the Local Coastal Program.

3. Any proposed development that the City preliminarily approved before effective certification of the Local Coastal Program and which has been filed complete with the Commission may, at the option of the applicant, remain with the Commission for review. Projects that elect to obtain a coastal permit from the Coastal Commission shall remain under the jurisdiction of the Commission as set forth in (1) above.

4. Upon effective certification of the Local Coastal Program, no applications for development within the certified area shall be accepted by the California Coastal Commission.

17.37.040 Exemptions and Categorical Exclusions

A. Exemptions. The provisions of this Chapter shall not apply to the following projects that comply with all applicable zoning standards and where no discretionary zoning approvals are necessary:

1. Additions to existing single-family residences and ancillary structures such as garages, swimming pools, fences, storage sheds and landscaping with the exception of the following:

a. Development that involves a risk of adverse environmental effect pursuant to Section 13250, Title 14, of the California Code of Regulations.

b. Improvements to any structure in the appealable area when such improvements could result in any of the following:

(1) An increase of 10 percent or more of the internal floor area of existing structure(s) on the building site or an additional increase in floor area bringing the aggregate increase to 10 percent or more.

(2) The construction of an additional story or loft or increase in building height of more than 10 percent.

(3) The construction, placement or establishment of any significant detached structure such as a garage.

c. Any significant alteration of land forms including removal or placement of vegetation on a beach, wetland, or sand dune, or within 50 feet of the edge of a coastal bluff or stream, or in areas of natural vegetation designated by resolution of the Coastal Commission as a significant natural habitat.

2. The maintenance, alteration or addition to existing structures, other than a single-family residence or public works facilities, provided the project does not involve:

a. An adverse effects as specified in Section 13253, Title 14, of the California Code of Regulations.

b. Any improvement to a structure that changes the intensity of use or use of the structure.

c. Any significant alteration of land forms including removal or placement of vegetation on a beach, wetland or sand dune, or within 100 feet of the edge of a coastal bluff or stream or in areas of natural vegetation designated by resolution of the Coastal Commission as a significant natural habitat.

3. Repair or maintenance activities that do not result in an addition, enlargement or expansion unless classified as:

a. Repair or maintenance of a seawall revetment, breakwater, groin, culvert, outfall or similar shoreline work that involves:

(1) Substantial alteration of the foundation, including pilings and other surface and subsurface structures.

(2) The placement, whether temporary or permanent, of rip-rap, or artificial berms of sand, or any other form of solid material on a beach, or in coastal waters, streams, wetlands, estuaries, or on shoreline protective works.

(3) The replacement of twenty (20) percent or more of the materials of an existing structure with materials of a different kind.

(4) The presence, whether temporary or permanent, of mechanized construction equipment or materials on any sand area or bluff or within twenty (20) feet of coastal waters or streams.

b. The replacement of twenty (20) percent or more of a sea wall revetment, bluff retaining wall, breakwater, groin, or similar protective work under one ownership, unless destroyed by natural disaster.

4. The installation, testing, placement in service or the replacement of any necessary utility connection between an existing service facility and any development approved pursuant to the California Coastal Act; provided that the Director may require reasonable conditions to mitigate any adverse impacts on coastal resources, including scenic resources. All repair, maintenance and utility hook-ups shall be consistent with the provisions adopted by the California Coastal Commission.

5. The replacement of any structure, other than a public works facility, destroyed by a disaster. The replacement structure shall conform to applicable existing zoning requirements; shall be for the same use as the destroyed structure, shall not exceed either the floor area, height or bulk of the destroyed structure by more than 10 percent; and, shall be sited in the same location on the affected property as the destroyed structure.

6. Maintenance dredging of existing navigation channels or moving dredged material from those channels to a disposal area outside the Coastal Zone, pursuant to a permit from the United States Army Corps of Engineers.

7. Any category of development determined by the Coastal Commission to have no potential for any significant impact on the environment, coastal resources or public access to the coast.

8. Temporary/Special Event.

a. Temporary/Special events shall be exempt from Coastal Development Permit requirements except those meeting any of the following criteria:

b. Notwithstanding the foregoing, the following are exempt:

(1) If an admission fee is charged for entry to the event, the fee is for preferred seating only and more than 75% of the provided seating capacity is available free of charge for general public use; or,

(2) The event is less than 24 hours in duration; or,

(3) The event has previously received a Coastal Development Permit and will be held in the same location, at a similar season, and for the same duration, with operating and environmental conditions substantially the same as those associated with the previously approved event.

c. The Director or the City Council may determine that a Temporary/Special event shall be subject to Coastal Development Permit review if unique or changing circumstances exist relative to a particular Temporary/Special event that have the potential for significant adverse impacts on coastal resources. Such circumstances may include the following:

(1) The event, either individually or together with other temporary events scheduled before or after the particular event, precludes the general public from use of a public recreational area for a significant period of time;

(2) The event and its associated activities or access requirements will either directly or indirectly impact environmentally sensitive habitat areas, rare or endangered species, significant scenic resources, or other coastal resources;

(3) The event is scheduled between Memorial Day weekend and Labor Day and would restrict public use of roadways or parking areas or otherwise significantly impact public use or access to coastal waters;

(4) The event has historically required a Coastal Development Permit to address and monitor associated impacts to coastal resources.

d. In addition to any necessary Coastal Development Permits, Temporary/Special Events must obtain a Special Event Permit from the Department of Community Resources.

B. Categorical Exclusions. The provisions of this Chapter shall not apply to the following projects:

1. All projects consistent with the zoning ordinance that do not require discretionary review and are not located in the appealable area or are subject to appeal as stated in Section 17.37.130.

2. Municipal improvement projects of less than $50,000 in cost and only where such projects would not alter vehicular capacity of public streets or intersections by more than 10 percent (except traffic control devices such as stop signs or lights), would not alter on or off-street parking that would decrease the number of spaces, and would not alter circulation patterns that would impair beach access.

3. Traffic control signing and minor roadway improvements including:

a. Culvert replacement;

b. Guardrails, retaining walls;

c. Signs for traffic control and guidance, including roadway markings and pavement delineation;

d. Drainage course maintenance and cleaning involving less than 50 cubic yards of excavations; and

e. Parking meter installation and repair.

4. Minor accessory structures in conformance with applicable provisions of this code.

5. Minor Development including:

a. Sign permits in conformance with applicable provisions of this code.

b. Temporary use permits in conformance with applicable provisions of this code.

c. Variances that do not pertain to building heights and that do not negatively impact coastal access or view corridors.

d. Grading which does not involve one hundred (100) cubic yards or more of material and brush or vegetation removal other than major vegetation.

e. Fences and walls six (6) feet or less in height except when such walls or fences will obstruct or otherwise limit public access to the beach or other facilities to which access is protected under the Coastal Act.

f. Installation of irrigation lines.

g. Buildings or structures, or additions, having an aggregate value of $1,000 or less.

6. Miscellaneous Activities including:

a. Installation testing, placement in service or the replacement of any necessary utility connection between an existing service facility and any development that has previously been granted a Coastal Development Permit.

b. Actions listed as ministerial in the California Environmental Quality Act, including:

(1) Issuance of building permits,

(2) Issuance of business licenses,

(3) Approval of final subdivision maps; and

(4) Approval of individual utility service connections and disconnections.

7. The City shall maintain a record of all permits issued for categorically excluded developments for public review. Each permit shall contain the name of applicant, location of project and a brief description of the project.

8. Notice for projects that are categorically excluded shall be provided to the Coastal Commission within five (5) working days.

17.37.050 Coastal Development Permit Applications

A. Application. Applications for a Coastal Development Permit shall be approved prior to issuance of building permits. A Coastal Development Permit application shall be made to the Community Development Department on forms provided by the same Department. The required contents of the Coastal Development Permit shall be as set forth by the Community Development Department and shall be accompanied by the filing fee as established by resolution of the City Council. The applicant shall state in the application how:

1. The proposed development conforms to the certified Local Coastal Program.
2. The proposed development, located between the nearest public road and the sea, is in conformity with the public access and public recreation policies of Chapter 3, Division 20 of the Public Resources Code.

B. Refusal of Acceptance of Application for Lack of information. The Director may reject, without a public hearing, an application for a Coastal Development Permit if such application does not contain the required information.

C. Concurrent Filing. A Coastal Development Permit shall be considered concurrently with any other discretionary permits or approvals required for the projectby the City.

17.37.060 Determination of Jurisdiction

A. Determination. Prior to or at the time of an application for a Coastal Development Permit, the Director shall determine if the proposed project is located within an area that is:

1. An area where the California Coastal Commission continues to exercise Original Permit Jurisdiction, as defined in Section 30519 of the California Coastal Act, and the applicant must obtain a Coastal Development Permit directly from the Coastal Commission.
2. Appealable to the Coastal Commission and requires a Coastal Development Permit.
3. Non-appealable to the Coastal Commission and requires a Coastal Development Permit.
4. Categorically excluded or exempt and does not require a Coastal Development Permit.

17.37.070 Resolving Jurisdictional Determination Disputes

A. Dispute Procedure. Where a question as to the appropriate jurisdiction has arisen, the following procedures shall establish whether a development is exempt, categorically excluded, non-appealable or appealable:

1. The local government shall make its determination as to what type of development is being proposed (i.e. exempt, categorically excluded, appealable, non-appealable) and shall inform the applicant of the notice and hearing requirements for that particular development.
2. If the determination of the local government is challenged, or if the local government wishes to have the Commission determine the appropriate designation, the local government shall notify the Commission by telephone of the dispute/question and shall request an Executive Director’s opinion.
3. The Executive Director shall, within two (2) working days of the local government request (or upon completion of a site inspection where such inspection is warranted), transmit his or her determination as to whether the development is exempt, categorically excluded, non-appealable or appealable.
4. Where, after the Executive Director’s investigation, the Executive Director’s determination is not in accordance with the local government’s determination, the Coastal Commission shall hold a hearing for purposes of determining the appropriate designation for the area. The Coastal Commission shall schedule the hearing on the determination for the next Commission meeting (in the appropriate geographic region of the State) following the local government request.

17.37.080 Coastal Development Permit Notice Requirements

A. Notice of Hearing. The Director shall provide notice of a hearing for a Coastal Development Permit by first class mail at least 10 calendar days prior to the public hearing to the following:

1. The applicant.
2. In Appealable Areas: Property owners and occupants of commercial and residential property located within a 300-foot radius.
3. In Non-Appealable Areas: Property owners within a 300-foot radius and occupants of commercial and residential property within a 100-foot radius.
4. The California Coastal Commission, public agencies that have an interest in the project, newspaper of general circulation.
5. Any person who has requested to be noticed of such permit.

B. Contents of Coastal Development Permit Hearing Notice. In addition to the noticing required for public hearings in accordance with City Council policy, the notice for a Coastal Development Permit shall contain the following information:

1. A statement that the development is located within the Coastal Zone and is either Appealable or Non-Appealable to the Coastal Commission.
2. A statement of the public comment period.
3. The date of the filing of the application and the name of the applicant.
4. The file number assigned to the application.
5. A description of the development at its proposed location.
6. The date, time, and place at which the application will be heard.
7. A brief description of the general procedure concerning the conduct of hearing and local actions.
8. The procedure for local and Coastal Commission appeals, including any local fees required.

17.37.090 Coastal Development Permit Public Hearings

A. Hearing. The Planning Commission shall hold a public hearing to review and consider an application for a Coastal Development Permit.

B. Findings. All decisions on the Coastal Development Permit shall be accompanied by separate written findings, as specified in Section 17.37.100.

C. Continuation of Action. A public hearing for a Coastal Development Permit may be continued without new public notice to another day if continued to a date certain. If the public hearing is continued to a date uncertain, notice of the continued public hearing shall be provided in accordance with Section, 17.37.080.

17.37.100 Coastal Development Permit Approval or Denial Findings

A. Findings for Approval. An application for a Coastal Development Permit shall be approved when the evidence substantiates to the satisfaction of the approving authority the following findings:

1. The proposed development is in conformity with the Certified Local Coastal Program.
2. Any development, located between the nearest public road and the sea or shoreline of any body of water located within the Coastal Zone, is in conformity with the public access and public recreation policies of Chapter 3 of Division 20 of the Public Resources Code.
3. The proposed development conforms to the requirements of the California Environmental Quality Act (CEQA).

B. Findings for Denial. An application for a Coastal Development Permit shall be denied where the evidence fails to substantiate the basis for approval contained in Section 17.37.100 A.

17.37.110 Conditions of Approval

The City may impose conditions as necessary to ensure that the Coastal Development Permit conforms to the requirements of the Local Coastal Program. The landowner and applicant shall record with the Office of the Los Angeles County Recorder an affidavit accepting and agreeing to implement all conditions of permit approval, and binding all successors to said conditions of approval, which run with the land.

17.37.120 Notice of Action and Appeal Rights

A. Notice of Action. Within seven (7) calendar days of an action on a Coastal Development Permit, the Director shall provide notice of such action by first class mail to the applicant, property owner, the Coastal Commission and to any person or agency who specifically requested notice of such decision by submitting a self-addressed stamped envelope to the Community Development Department.

B. Contents of Notice of Action. The notice of action shall contain the following information:

1. Project description.
2. Written findings for approval and conditions of approval (if any).
3. Appeal procedure and appeal period as specified in Section 17.37.130.

17.37.130 Appeals

A. Final Decision. A decision shall be considered final when all local appeal periods, specified below, have been exhausted and the effective dates of appeal periods have been reached.

B. Local Appeals

1. The City Council may initiate a review of the decision of the Planning Commission by any two votes of the City Council at their meeting succeeding the Planning Commission action pursuant to Section 2.52.040. In the event the Council initiates such a review the Planning Commission’s decision will be stayed until the Council completes its review hearing and takes final action on the Coastal Development Permit.
2. Within ten (10) days following the Council meeting that succeeds the Planning Commission action, an appeal in writing may be filed with the City Council by any person dissatisfied with the decision of the Planning Commission. The filing of such appeal within such time shall stay the effective date of the order of the Planning Commission until such time as the City Council has acted on the appeal.
3. Within forty (40) days of a review initiated by Council, or an appeal filed by a dissatisfied person, the City Council shall conduct a public hearing, which shall be noticed as required by Section 17.68.050.
4. The decision of the City Council, supported by findings as set forth in Section 17.37.100, shall be set forth in full in a resolution.
5.  Within seven (7) calendar days of an action on an appeal of a Coastal Development Permit, the Director shall provide notice of the final local action as required by Section 17.37.120

C. Appeals to the Coastal Commission

1. Exhaustion of Local Appeals. An appellant must exhaust all local appeals under the City’s appeal procedure prior to filing an appeal to the Coastal Commission.
2. Non Appealable Jurisdiction: A decision for a development located in the non-appealable jurisdiction is not appealable unless the development:

1. Requires amendment to the Zoning Ordinance or General Plan.
2. Constitutes a major public works project or a major energy facility.

3. Appellants: A decision for a development located in the appealable jurisdiction or as described in 17.30.130 C2 above may be appealed by:

1. The applicant or aggrieved person who exhausted local appeals.
2. Any two members of the Coastal Commission.

4. Appeal Time Limit: All appeals must be filed with the Coastal Commission within ten (10) working days of the date of final local action on the Coastal Development Permit.
5. Grounds for Appeal. The grounds for an appeal of a local decision on a development shall be limited to an allegation that the decision did not conform to the Certified Local Coastal Program.
6. Effect of Appeal to the Coastal Commission. Upon receipt of a notice from the Executive Director of the Coastal Commission that an appeal has been filed the City shall refrain from issuing a building permit on the development pending Coastal Commission Action on the appeal.

17.37.140 Expiration of Unused Permits

A. Permit Expiration. If development authorized by permit has not commenced within the specified time, or if no time is specified, within two years of the granting of the permit, the permit becomes null and void with the exception of the following:

1. In the case of a permit for a publicly owned use, no time limit shall apply to utilization of such permit provided that the public agency accomplished the following:

a. Within one year of the approval date, the City either acquires the property involved or commences legal proceedings for its acquisition.

b. Immediately after the acquisition of, or the commencement of legal proceedings for the acquisition of the property, posts such property with signs, having an area of not less than 20 square feet nor more than 40 square feet in area indicating the agency and the purpose of which it is to be developed. One such sign shall be placed facing and located within 5 feet of each street, highway or parkway bordering the property. Where the property in question is not bounded by a street, highway or parkway, the agency shall erect one sign facing the street, highway or parkway nearest the property.

2. In the case of a Coastal Development Permit heard concurrently with any other discretionary permit, the Planning Commission and/or City Council shall specify time limits and extensions to be concurrent and consistent with those of the land division, variance or other permit.

3. Extension of Permit . The Planning Commission may extend a permit for a period of not to exceed one year, provided an application requesting such extension is filed prior to such expiration date. In the case of a non-profit corporation organized to provide low-income housing, the Planning Commission may grant an additional one-year extension, provided that an application requesting such extension is filed prior to the expiration of the first such extension.

B. Expiration Following Cessation of Use. A Coastal Development Permit granted by action of the Planning Commission or City Council shall automatically cease to be of any force and effect if the use for which such Coastal Development Permit was granted has ceased or has been suspended for a consecutive period of two or more years.

17.37.150 Amendments to Coastal Development Permits

A. Amendment Procedure . An amendment shall be accomplished in the same manner specified for initial approval of the Coastal Development Permit. All sections of this Chapter shall apply to permit amendments.

B. Application for Amendments. An amendment may be made to a Coastal Development Permit previously approved by the City by filing a written application with the Director. Such application shall contain a description of the proposed amendment, the reason for the amendment, together with maps, drawings or other material appropriate to the request. A filing fee, as required by Resolution of City Council, shall accompany a request for an amendment.

C. Rejection of Application for Amendment. An application for an amendment shall be rejected if itwould compromise the original permit unless the applicant presents newly discovered material information which could not, with reasonable diligence, have been discovered and produced before the permit was granted.

D. Action on Amendments. For those Coastal Development Permit Amendmentapplications accepted, the Director shall determine whether the proposed amendment represents an immaterial or material change to the permit.

1. For amendment applications representing immaterial changes, the Director shall prepare and send a written notice as required by Section 17.37.120, including a statement informing persons of the opportunity to submit written objections to the Director within 10 days of the date the notices were mailed to persons within a 300 foot radius. The Director shall also mail notices to all persons who testified at a public hearing on the permit and who submitted written testimony on the permit and such other persons as the Director has reason to know may be interested in the application. If the Director receives no written objections within 10 days of mailing, the Director's determination shall be conclusive and the proposed amendment approved.

2. For amendment applications representing material changes, objections to determinations of immateriality, or amendments to conditions affecting coastal resource protection or coastal access, a Coastal Development Permit Amendment is required per 17.37.150. A. The Director shall mail notices in accordance with Section 17.37.080,and to all persons who testified at the public hearing on the permit, submitted written testimony on the permit, objected to the Director's determination of immateriality, or such persons as the Director has reason to know may be interested in the application.

3. The appropriate reviewing body shall review material changes and determine whether the proposed development and amendment are consistent with the California Coastal Act and the Certified Local Coastal Program.

17.37.160 Reapplication

A. Reapplication Limit. No application for a Coastal Development Permit that has been previously denied shall be filed earlier than one (1) year after the date such denial becomes effective, unless the request for reapplication reflects a major change in circumstances and specific permission has been granted by the Approving Authority.

17.37.170 Revocation of Coastal Development Permits

A. Grounds for Revocation. The City may initiate proceedings to revoke a Coastal Development Permit upon the receipt of evidence indicating that:

1. The applicant included inaccurate, erroneous and/or incomplete information, and if accurate and complete information had been provided, the Coastal Development Permit would not have been approved or different conditions of approval would have been imposed; or,
2. The applicant is violating the conditions of approval, has been requested by the City to correct said violation, and has failed to correct a violation despite this request by the City.
3. The development is being operated in such a manner as to be a threat to public health and safety or is creating a nuisance.

B. Initiation of Revocation. The City may initiate proceedings to revoke a permit based on evidence submitted by any person because of the reasons stated in Subsection A. The Director shall review the stated grounds for revocation and, unless the request is patently frivolous and without merit, shall initiate revocation proceedings.

3. Temporary Suspension. Where the Director determines that grounds exist for revocation of a Coastal Development Permit, the operation of the permit shall be reviewed and be automatically suspended if it is a threat to public health and safety. The Director shall advise the applicant in writing that any development undertaken during suspension of the permit may be in violation of the California Coastal Act.
4. Procedure for Revocation. The Director shall notify the permittee by mailing a copy of the request for revocation and a summary of the procedures contained in this section to the address shown in the permit application. The Planning Commission may, after a public hearing noticed and held in the manner prescribed in Sections 17.37.080 and 17.37.090, revoke or modify the permit.

17.37.180 Enforcement

In addition to the enforcement provisions contained in this ordinance, the provisions of the California Coastal Act contained in Chapter 9 of Division 20 of the Public Resources Code shall also apply with respect to violations and enforcement.

17.37.190 Emergency Coastal Development Permits

A. Emergency Permits. In the event of a verified emergency, a temporary emergency authorization to proceed with remedial measures may be given by the Director until such time as a full Coastal Development Permit application has been be filed, as set forth in Sections 13136 through 13143, Title 14, of the California Code of Regulations.

The application to be reported at the time of emergency or within three (3) working days after the emergency shall include the following:

1. Nature of the emergency.

2. Cause of the emergency, insofar as this can be established.

3. 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 filing to take action.

B. Immediate Emergency Action. In some instances it may be necessary to take immediate action to protect life and public property from imminent danger, or to restore, repair, or maintain public works, utilities, or services destroyed, damaged, or interrupted by natural disaster, serious accident, or other emergency, before applications and procedures for obtaining a permit can be complied with in a timely manner. In such cases the requirements of obtaining a permit may be waived. The Executive Director of the Coastal Commission shall be notified of the type and location of the emergency action taken within three (3) days of the disaster or discovery of the danger, whichever occurs first. Within seven (7) days of taking such action, the Director shall send a written statement to the Coastal Commission of the reasons why the action was taken and verify that the action complied with the expenditure limits set forth in Public Resources Code Section 3061.

C. Limitations. The Director shall not grant an Emergency Coastal Development Permit for any development that falls within an area in which the Coastal Commission retains direct permit review authority. In such areas, a request for an emergency authorization must be made to the Coastal Commission.

D. Public Noticing. The Director shall provide public notice of the proposed emergency action. The extent and type of the notice shall be determined on the basis of the nature of the emergency. If the nature of the emergency does not allow sufficient time for public notice to be given before the emergency work begins, the Director shall provide public notice of the action taken, or being taken, as soon as is practical. Public notice of the nature of the emergency and the remedial actions to be taken shall be posted on the site in a conspicuous place, mailed to all persons the Director has reason to know would be interested in such action and to the Coastal Commission.

E. Findings and Conditions. The Director may grant an Emergency Coastal Development Permit if it is found that:

1. An emergency exists that requires action more quickly than permitted by the procedures for a Coastal Development Permit 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.

3. The work proposed would be consistent with the requirements of the Certified Local Coastal Program.

F. Expiration of Emergency Permit. An Emergency Coastal Development Permit shall be valid for sixty (60) days from the date of issuance by the Director. Prior to expiration of the emergency permit, the permittee must submit a regular Coastal Development Permit application for the development even if only to remove the development undertaken pursuant to the emergency permit and restore the site to its previous condition.

G. Report to City Council and Coastal Commission. The Director shall report the granting of an emergency permit to the City Council at its next scheduled meeting. The report shall include a description of the nature of the emergency, the development involved and the person or entity undertaking the development. Copies of the report shall be available at the meeting and shall be mailed to the Coastal Commission and to all persons requesting such notification of local coastal development decisions.

17.37.200 Continuing Validity of Permit

A Coastal Development Permit that is valid and in effect, and was granted pursuant to the provisions of this chapter shall adhere to the land and continue to be valid upon change of ownership of the land or any existing building or structure on said land.

17.37.210 Local Coastal Program Amendments

The City Council may amend all or part of the Local Coastal Program, but the amendment will not take effect until it has been certified by the Commission. Any General Plan Element or Specific Plan or ordinance of the City that is applicable to the Coastal Zone must be reviewed and amended as necessary to make the General Plan Element or Specific Plan or ordinance consistent with the rest of the Local Coastal Program.

A. Initiation of Amendments to the Local Coastal Program. An amendment to the Local Coastal Program may be initiated by one of the following:

1 A resolution of intention initiated by the Planning Commission.

2. A resolution of intention initiated by the City Council directing the Planning Commission to initiate an amendment.

3. An application from a property owner or his/her authorized agent provided that such application involves the development or modification of property located within the area affected by such amendment.

B. Planning Commission Action on Amendments to the Local Coastal Program.

1. Upon receipt of a completed amendment application or duly adopted resolution of intention, a public hearing before the Planning Commission must be held and notice of such hearing given consistent with the Coastal Act and California Code of Regulations.

2. The Planning Commission must make a written recommendation on the proposed amendment whether to approve, approve in modified form, or disapprove.

3. Planning Commission action recommending that the proposed Local Coastal Program amendment be approved, or approved in modified form, must be considered for adoption by the City Council. Planning Commission action disapproving a proposed Local Coastal Program amendment may be appealed by any interested person, including a Commissioner or Council member, per Section 17.37.130.

C. City Council Action on Amendments to the Local Coastal Program. The recommendation of the Planning Commission to approve or deny a proposed Local Coastal Program Amendment, or the appeal from a decision by the Planning Commission shall be considered by the City Council. A public hearing on the amendment shall be conducted after first giving notice of the hearing pursuant to Section 17.37.080.

D. Fees. A fee for an amendment to the Local Coastal Program shall be established by a resolution of the City Council.

E. Coastal Commission Certification of Amendments to the Local Coastal Program. Any proposed Amendment to the Local Coastal Program shall not take effect until it has been certified by the Coastal Commission. Any amendment approved by the City shall be submitted to the Coastal Commission in accordance with Sections 30512 and 30513 of the Public Resources Code. An amendment to the certified Local Coastal Plan shall not become effective until the amendment is submitted pursuant to the requirements of Section 13551 of the California Code of Regulations and certified by the California Coastal Commission pursuant to Chapter 6, Article 2 of the California Coastal Act.

17.37.220 Encroachments

An encroachment is defined as any structure, object, use or landscaping owned by a private property owner that is proposed to be located on or over public property.

A. Encroachment Permits.

1. All encroachments shall be required to obtain an Encroachment Permit, as specified in Municipal Code Chapter 12.16, as well as any necessary Coastal Development Permits, as detailed in this section.

2. Any application for encroachment in the Coastal Zone shall be evaluated for conformance with the policies of the California Coastal Act and the Certified Land Use Plan.

3. Access in the Coastal Zone along public rights-of-way, such as paved sidewalks and walk streets, shall be protected. No permanent device, structure, use, object or landscaping preventing public access along paved sidewalks shall be permitted.

B. Outdoor Dining on Lower Pier Avenue.

1. Applications for outdoor dining on Pier Avenue between Pacific Coast Highway and the Strand shall be subject to Section 12.16, Encroachments, of the Municipal Code.

2. Notwithstanding the provisions of 17.37.220, A. above, applications for outdoor dining on Pier Avenue between Pacific Coast Highway and the Strand shall not require a Coastal Development Permit as long as the provisions of Municipal Code section 12.16 are complied with.

17.37.230 Downtown Implementation Plan

The recommendations of the Hermosa Beach Downtown Implementation Plan, October 1994, regarding the revitalization of the Downtown area shall be utilized as guidelines in the design and improvement of streetscape and roadway improvements along portions of Hermosa Avenue (8th Street to 15th Street) and Pier Avenue (The Strand to the Greenbelt).

17.37.240 Water Quality

In order to reduce urban runoff and its potential impacts to the Coastal Zone, the City of Hermosa Beach has adopted Stormwater and Urban Runoff Pollution Control Regulations, as specified in Municipal Code Chapter 8.44. The requirements and standards of this section shall be applicable in the Coastal Zone.

17.37.250 Temporary/Special Events Calendar

The City of Hermosa Beach City Council adopts an annual calendar of major Temporary/Special Events.

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