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ORDINANCE 1016:,4321 ORDINANCE NO. 1016 AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING THE "EL SEGUNDO MUNI- CIPAL CODE" BY AMENDING TITLE 20 (THE COMPRE- HENSIVE ZONING ORDINANCE) OF SAID CODE TO ADD CHAPTER 20.92 ENTITLED COASTAL ZONE DEVELOPMENT PROCEDURES. THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. That Chapter 20.92, consisting of Sections 20.92.010 through 20.92.090, is added to Title 20 (The Compre- hensive Zoning Ordinance) of the "E1 Segundo Municipal Code" to read as follows: CHAPTER 20.92 COASTAL ZONE DEVELOPMENT PROCEDURES 20.92.010 LOCAL COASTAL DEVELOPMENT PERMIT - PURPOSE. Coastal development procedures are established to insure that all public and private development in the coastal zone of El Segundo is consistent with the City's certified Local Coastal Plan. 20.92.020 PERMIT APPLICATION REQUIRED. In addition to any other permits or approvals required by the City, a local coastal development permit shall be required and obtained from the City prior to commencement of any development in the coastal zone of the City, except: (1) Developments on tidelands, submerged lands, or public trust lands over which the Coastal Commission has original permit jurisdiction; (2) Developments determined to be exempt from the coastal development permit requirements pursuant to state law or regulations. The applicant shall file the application with the Planning Depart- ment and pay to the City a $250 fee to cover the cost of examining and processing the application. Projects sponsored by any govern- mental agency shall be exempt from the required fee. All such permits shall be processed in the time, form, and manner required by the Public Resources Code of the State of California, particularly Sections 65920 -65960 of said Code and shall be pro- cessed as expeditiously as possible. Concurrent processing may be scheduled for any other required discretionary permits. 20.92.030 DEFINITIONS. Unless otherwise specified, certain words or phrases in this section shall have a special meaning as defined herein: (1) Aggrieved Person. Any person who testified personally or through a representative at a public hearing or :433 who informea the staff of the Planning Department prior to a hearing of an interest in the subject of a hearing; or who, for good cause, was unable to do either. (2) Appealable Area. The entire coastal zone in E1 Segundo as established on a map adopted as part of the E1 Segundo Coastal Program. (3) Coastal Zone. That area of the City of E1 Segundo included in the State of California Coastal Zone as described in the California Coastal Act. (4) Development. This shall mean, on land in or under water, the placement or erection of any solid material or structure; discharge or disposal of any dredged material or of any gaseous, liquid, solid, or thermal waste; grading, removing, dredging, mining, or extrac- tion of any materials; change in the density or inten- sity of use of land, includinq, but not limited to, subdivision pursuant to the Subdivision Map Act (com- mencing 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; con- struction, 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, and kelp harvesting. As used in this Section, "structure" includes, but is not limited to, any building, road, pipe, flume, con- duit, siphon, aqueduct, telephone line, electrical power transmission and distribution line, storage tank, pier, and rock groin. (5) Public Works Project. Any action undertaken by the City or under contract to the City to construct, alter, repair or maintain any City structure, utility or right - of -way. 20.92.040 EXEMPT DEVELOPMENT. No fee, public hearing, notice, or development permit shall be required for the types of development classified as exempt from coastal development permit requirements by state law or regulations. Whenever a permit is issued in the Coastal Zone by any department of the City and it is determined that the subject of the permit does not require a coastal development permit because it is exempt, a memorandum to that effect shall be appended to the City's file copy of the permit. The file copy of the permit and the memorandum shall contain the applicant's name, the location of the project, and a brief description of the project. 20.92.050 PERMIT PROCEDURES. The following procedures shall be required for local coastal development permits prior to the issuance of such permit: (1) Jurisdiction. Upon receipt of an application for a local coastal development permit and prior to permit -2- 5434 approval, the Planning Commission shall hold a public hearing in accordance with the regulations specified in this Chapter. (2) Findings Required. A local coastal development permit shall be granted only upon findings that the proposed development conforms to the certified Local Coastal Plan and Coastal Act public access and recreational policies. (3) Date of Final Local Action. The date when the Planning Commission adopts a resolution and findings approving or disapproving an application for a local coastal development permit. (4) Notice of Final Local Action. Within seven calendar days of the date of the final local action on a local coastal development permit, a notice shall be sent to the applicant, to the Coastal Commission, and to any persons who specifically request such notice by submitting a self- addressed, stamped envelope. Such notice shall be accompanied by a copy of the Planning Commission resolution stating conditions of approval and written findings and the procedures for appeal of the action to the Coastal Commission. (5) Appeals to Coastal Commission. All actions on local coastal development permits may be appealed to the extent permitted by law to the Coastal Commission by an applicant, any aggrieved person, or by any two members of the Commission according to the procedures of the Coastal Commission. (6) Appeal Period. The final local action must be appealed, if at all, within 10 working days of the receipt by the Executive Director of the notice of final local approval as provided in Section 20.92.050 (4) of this ordinance. The appeal period for projects approved by operation of law shall begin to run only upon the receipt of the local government notice that it has taken final action by operation of law pursuant to Government Code Sections 65950- 65957.1. (7) Effective Date of a Local Coastal Development Permit. A local coastal development permit shall become final only after expiration of the 10 working day appeal period to the Coastal Commission or after the twenty - first calendar day following final local action, which- ever is later. The final decision of the local government on a coastal development permit shall become effective within the time period stated above unless any of the following occur: (a) An appeal is filed according to Coastal Commission regulations; (b) The notice of local government action does not meet Coastal Commission regulations; -3- 5435 (c) The notice is not received in the Commission's office in time to allow distribution and review within the appeal period; or (d) Local notice is not given in accordance with Section 20.92.050 (4). 20.92.060 NOTIFICATION REQUIREMENTS. Notice of Public hearing to consider a development within the local coastal zone shall be given by: (1.) First class mailing of a written notice not less than ten days prior to the hearing date by: (a) The mailing of a notice to the owner of the pro- perty or duly authorized agent; (b) The mailing of a notice to all property owners and residents within one hundred feet of the subject property. (c) The mailing of a notice to the Coastal Commission; and (d) The mailing of a notice to all persons requesting notice for the individual project or all coastal zone hearings. (2) The mailing or delivery of a notice to the E1 Segundo Public Library to be posted or kept in a public file: (3) The posting of a notice on the site. The posting and maintenance of such notice shall be the responsibility of the applicant. Such notices shall be posted in a manner prescribed by the Director of Planning. Failure to adequately post or maintain the notice shall be cause for the continuance of the hearing. 20.92.070 NOTICE CONTENTS. All notices shall contain the following information: (1) A statement that the development is within the coastal zone; (2) The date of filing the application and the name of the applicant; (3) The number assigned to the application; (4) A description of the development and its proposed location; (5) The date, time, and place at which the application will be heard by the local governing bodv or hearing officer; (6) A brief description of the general procedure of local government concerning the conduct of hearing and local actions; (7) The system for Coastal Commission appeals. gEn 20.92.080 ZONE CHANGES. No zone change on any site in the E1 Segundo Coastal Zone shall become effective until certified by the Coastal Commission. 20.92.090 PENALTY. Any violation of the provisions of this Chapter within the E1 Segundo Coastal Zone shall also in appropriate cases constitute a violation of Division 20, Section 30000 et seq, of the Public Resources Code of the State of California and shall be subject to the remedies, fines and penalties pro- - vided in Division 20, Chapter 9, Section 30800 et seg. of the Public Resources Code. This provision shall not preclude any enforcement under the provisions of this Code. Any violation of the provisions of this Chapter shall also constitute a vio- lation of the El Segundo Municipal Code. SECTION 2. This ordinance shall become effective at midnight on the thirtieth day from and after the date of the final passage and adoption thereof. SECTION 3. The City Clerk shall certify the passage and adoption of this ordinance; shall cause the same to be entered in the book of original ordinances of said city; shall make a minute of the passage and adoption thereof in the records of the meeting at which the same is passed and adopted; and shall within fifteen days after the passage and adoption thereof, cause the same to be published once in the E1 Segundo Herald, a weekly newspaper of general circulation, published and circulated within said City of E1 Segundo and which is hereby designated for that purpose. PASSED, APPROVED and ADOPTED this 15th day of December , 1991. ATTEST: City Clerk (SEAL) Mayor of the City of El Segundo, California -5- 5 4.4 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I Valerie A. Burrowes .... , .... , City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of the said City is five; that the foregoing ordinance, being Ordinance No. 1016 is a full, true and correct original of Ordinance No. ,1016 . of the said City of El Segundo, California, entitled: AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING THE "EL SEGUNDO MUNI- CIPAL CODE" BY AMENDING TITLE 20 (THE COMPRE- HENSIVE ZONING ORDINANCE) OF SAID CODE TO ADD CHAPTER 20.92 ENTITLED COASTAL ZONE DEVELOPMENT PROCEDURES. which was duly passed and adopted by the said City Council, approved and signed by the Mayor of said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the 15th , day of . December 19.51........ and that the same was so passed and adopted by the following vote: AYES: Councilmen ARMSTRONGr.BUE, JOHNSON SIADEK AND MAYOR VAN VRANKEN ............ ............................... NOES: Councilmen NONE ...... ............................... ABSENT: ........... NONE ........ ............................... I do hereby further certify that pursuant to the provisions of Section 36933 of the Government Code of the State of California, that the foregoing Ordinance No. P90.... was duly and regularly published according to law and the order of the City Council of said City in the E1 Segundo Herald, a weekly newspaper of general circulation, printed, published and circulated within said City and that the same was so published therein on the following date, to wit: ..................... City Clerk of the City of El Segundo, California (SEAL) By......... ............................... Deputy