ABSTRACT: N. Patrick Veesart, Enforcement Supervisor, California Coastal Commission, sent a letter, dated October 2, 2015, to Marc Wiener, Acting Planning Director, City of Carmel-by-the-Sea, regarding Violation File No. V-3-15-0106-:- City of Carmel Beach Fire Ordinance. Importantly, according to N. Patrick Veesart, the City of Carmel-by-the-Sea’s “
urgency ordinance constitutes an uncertified amendment to the LCP.” “As such, the urgency ordinance is not effective and enforceable until the City submits an LCP amendment to the Commission for certification and the Commission effectively certifies the submittal (Ibid.; Coastal Act section 30514)”…”the City does not have the legal ability to issue a valid CDP consistent with the LCP until the Commission certifies the currently ineffective and unenforceable urgency ordinance upon which the City is currently relying to implement the moratorium.” And, according to Veesart, “
the City has improperly used California Government Code §65858 and its own emergency permit ordinance to implement emergency measures, the need for which does not appear to be supported by air quality data. Furthermore, the Coastal Act does not authorize cities or counties to adopt and enforce additional regulations that impose further conditions, restrictions, or limitations with respect to any land or water use that are in conflict with the Coastal Act (Coastal Act section 30005)." Veesart’s letter to the City of Carmel-by-the-Sea and the City’s Shoreline Management Plan document copies are embedded.
REFERENCES:
Re: Violation File No. V-3-15-0106-:- City of Carmel Beach Fire Ordinance Letter
N. Patrick Veesart, Enforcement Supervisor, California Coastal Commission to Marc Wiener, Acting Plannirig Director, City of Carmel-by-the-Sea
October 2, 201
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Shoreline Management Plan 1-8
City of Carmel-by-the-Sea
SHORELINE MANAGEMENT PLAN
2003, 2004
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