86.76.010 Coastal permit required.

A. The construction or placement of any improvement which may significantly affect the natural erosion process resultant from the interaction of water bodies upon their shores, or cause significant adverse alteration of the bay or ocean environment shall require a coastal permit from the City. Without limitation, buildings, harbor channels, breakwaters, groins, piers, retaining walls, revetments, riprap, sea walls and similar items shall be governed by this chapter.

B. An improvement or activity requiring a coastal permit under this chapter shall only be allowed when it serves coastal dependent uses, protects existing structures, removes public hazards, or protects public beaches in danger of erosion.

C. In order for an improvement or activity requiring a coastal permit under this chapter to qualify for such a permit, the improvement or activity must be designed and constructed as follows:

1. To neither create nor contribute significantly to erosion or geologic instability;

2. To minimize their own breakdown and disintegration;

3. To minimize water pollution and the silting of coastal waterways;

4. To not result in a substantial or potentially substantial, adverse change in any of the physical conditions within the area affected by the coastal permit requiring activity including land, air, water, minerals, flora, fauna, ambient noises and objects of historic or aesthetic significance;

5. To not preclude the public’s right of access to (including without limitation) the ocean, bay or public beach where acquired through use, custom, legislative authorization, purchase, condemnation, judicial action, gift, bequeath or escheat;

6. To encourage or facilitate, where feasible, the phasing out or upgrading of marine structures causing water stagnation contributing to pollution problems or fish kills;

7. To minimize their intrusion into public vistas by being unobtrusive and aesthetically pleasing when viewed from public streets, walk or bicycle ways or waterways;

8. To minimize extensions or projections into the bay or ocean;

9. To facilitate public access where appropriate and feasible; and

10. To minimize or mitigate resultant adverse environmental impacts.

D. The applicant, at the determination of the Coastal Permit Administrator, shall provide a certification by a civil engineer acceptable to the City indicating that the proposed improvement or activity conforms to the above criteria. (Ord. 1533)

86.76.020 Repair and maintenance of ocean and bay shore improvements.

Repair and maintenance activities or ocean and bay shore improvements which require City issuance of a building permit, encroachment permit or City review of an initial study shall require City issuance of a coastal permit. The coastal permit shall only be issued after certification that the repair or maintenance activities are necessary, appropriate, and designed, when feasible, to minimize or mitigate resultant adverse environmental impacts. The applicant, at the request of the City Coastal Permit Administrator, shall provide a certification by a civil engineer acceptable to the City that the proposed activities meet these criteria.

86.76.030 Maintenance and placement of ocean and bay shore improvements under emergency conditions.

A. In the event that an emergency situation exists that is an immediate significant threat to life, health or property, the City Manager (or his duly appointed agent) is authorized to temporarily waive City coastal permit requirements to allow preventive or ameliorative activities (including filling) necessary to adequately address the emergency situation. However, such activities shall conform as much as practical to the criteria listed in CMC 86.76.010, and shall ultimately require issuance of a City coastal permit. Within 30 days of the commencement of the preventative or ameliorating activities, the property owner shall apply for a coastal permit or shall restore the property to the condition existing prior to the preventative or ameliorating activity by removing the product of such activity.

B. If a City coastal permit is not issued for the preventative or ameliorating emergency activities, then the property owner shall restore the property to the condition existing prior to the preventative or ameliorating activity by removing the product of such activity unless the owner obtains a City coastal permit for alternative ocean or bay shore improvements or activities.

86.76.040 Waterfront land – Permitted improvements.

For waterfront land recorded on Miscellaneous Map 121 (Rancho Peninsula), Record of Survey 563, 2372, and Map 2544 (Bay View Estates), Record of Surveys 5191, 6014 and 6958, retaining walls, revetments, riprap, sea walls and similar development shall be permitted, with a coastal permit, subject to all other standards of this chapter, with the provision that such improvements may be situated in a manner so that the improvements’ bayward faces may connect in a straight line the bayward faces of similar improvements on adjoining property.