21.50.30 Coastal Development Permit Exemptions

1. Notwithstanding any provision in this title to the contrary, no local coastal development permit shall be required pursuant to this chapter for the following types of development and in the following areas:

   1. Improvements to existing single-family residences provided, however, that, where the development involves a risk of adverse environmental effect, it shall require a coastal development permit pursuant to these chapters. The following classes of development require a coastal development permit because they involve a risk of adverse environmental effects:

      1. Improvements to a single-family structure, or accessory structure, which requires a building permit, within either resource conservation area zone district, a coastal (hazard) zone district or within an area appealable to the California Coastal Commission pursuant to Chapter 21.52.

      2. Improvement to a single-family structure or accessory structure, which requires a building permit, within a coastal (access) zone district where the improvements are not otherwise excepted by Section 21.35.50 of the C district.

      3. Improvements in areas which the Coastal Commission has declared by resolution after public hearing to have a critically short water supply that must be maintained for the protection of coastal resources or public recreational use, the construction of any specified major water using development not essential to residential use including but not limited to swimming pools, or the construction or extension of any landscaping irrigation system.

      4. Any addition to a single-family residence where the development permit issued for the original structure by the Commission or Regional Commission indicated that any future additions would require a development permit.

      5. The expansion or construction of any septic systems or domestic water wells.

   2. Improvements to any structure other than a single-family residence or a public works facility provided, however, that, where the improvements (1) involve a risk of adverse environmental effect, (2) adversely affect public access, or (3) involve a change in use contrary to any policy of this title, a coastal development permit shall be required. The following classes of development require a coastal development permit because they involve one or more of the above listed effects:

      1. Improvements to structures, which require a building permit, within either resource conservation area zone district, a coastal (hazard) zone district or within an area appealable to the California Coastal Commission pursuant the Chapter 21.52.

      2. Improvements to a structure within a coastal (access) zone district where the improvements are not otherwise excepted by Section 21.35.40 of the C district.

      3. Improvements in areas which the Coastal Commission has declared by resolution after public hearing to have a critically short water supply that must be maintained for the

protection of coastal resources or public recreational use, the construction of any specified major water using development not essential to residential use including but not limited to swimming pools, or the construction or extension of any landscaping irrigation system.

4. Any addition to a single-family residence where the development permit issued for the original structure by the Commission or Regional Commission indicated that any future additions would require a development permit.

5. The expansion or construction of any septic systems or domestic water wells.

6. Any improvement to structure, which requires a building permit and which changes the intensity of the use of the structure.

7. Any improvement made pursuant to a conversion of an existing structure from a multiple unit rental use or visitor-serving commercial use to a motel/hotel timesharing conversion.

8. Maintenance dredging of existing navigation channels or moving dredged material from such channels to a disposal area outside the coastal zone, pursuant to a permit from the United States Army Corps of Engineers.

9. Repair or maintenance activities that do not result in an addition to, or enlargement or expansion of, the object of such repair, however, if certain extraordinary methods of repair and maintenance involve a risk of substantial adverse environmental impact, they shall require that a permit be obtained under this chapter.

   1. The following extraordinary methods of repair and maintenance shall require a coastal development permit because they involve a risk of substantial adverse environmental impact. Any method of repair or maintenance of a seawall revetment, bluff retaining wall, breakwater, groin or similar shoreline work that involves:

      1. Repair or maintenance involving substantial alteration of the foundation of the protective work including pilings and other surface or subsurface structures.

      2. The placement, whether temporary or permanent, of rip-rap, artificial berms of sand or other beach materials, or any other forms of solid materials, on a beach or in coastal waters, streams, wetlands, estuaries and lakes or on a shoreline protective work.

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

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

   2. The replacement of fifty percent of more of a seawall, revetment, bluff retaining wall, breakwater, groin or similar protective work under one ownership is not repair and maintenance but instead constitutes a replacement structure requiring a coastal development permit.

   3. Notwithstanding the above provisions, the Executive Director of the Coastal Commission shall have the discretion to exempt from this section ongoing routine repair and maintenance activities of local governments, state agencies, and public utilities (such as railroads) involving shoreline works protecting transportation roadways.

10. Pursuant to this section, the planning commission may issue a permit for ongoing maintenance activities for a term in excess of the one-year term provided by this title.

    5. Any category of development, or any category of development within a specifically defined geographic area, that the California Coastal Commission, after public hearing, and by two/thirds vote of its appointed members, has described or identified and with respect to which the Commission has found that there is no potential for any significant adverse effect, either individually or cumulatively, on coastal resources or on public access to or along the coast.

       • Those categories of exemption which have been so established are described by the California Coastal Commission in its Order of Categorical Exclusion for Del Norte County dated November 12, 1986, which is on file with the county clerk.

    6. The installation, testing and placement in service or the replacement of any necessary utility connection between an existing service facility and any development approved pursuant to Title 16 or 21, Del Norte County Code provided, however, that where necessary, reasonable conditions to mitigate any adverse impacts on coastal resources, including scenic resources may be required as a part of the Title 16 and/or 21 entitlement(s).

    7. The replacement of any structure, other than a public works facility, destroyed by natural disaster. Such 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 ten percent, and shall be sited in the same location on the affected property as the destroyed structure. As used in this subdivision, "natural disaster" means any situation in which the force or forces which destroyed the structure to be replaced were beyond the control of its owner. As used in this subdivision, "bulk" means total interior cubic volume as measured from the exterior surface of the structure.

    8. Any activity anywhere in the coastal zone that involves the conversion of any existing multiple-unit residential structure to a time-share project, estate, or use, as defined in Section 11003.5 of the Business and Professions Code. If any improvement to an existing structure is otherwise exempt from the permit requirements of this division, no coastal development permit shall be required for that improvement on the basis that it is to be made in connection with any conversion exempt pursuant to this subdivision. The division of a multiple-unit residential structure into condominiums, as defined in Section 783 of the Civil Code, shall not be considered a time-share project, estate, or use for purposes of this subdivision.

s division, no coastal development permit shall be required for that improvement on the basis that it is to be made in connection with any conversion exempt pursuant to this subdivision. The division of a multiple-unit residential structure into condominiums, as defined in Section 783 of the Civil Code, shall not be considered a time-share project, estate, or use for purposes of this subdivision.

2. Exemption from coastal development permit requirements is not to be construed as exemption from permits and/ or entitlements required by the county. Where a building permit, use permit, variance, land subdivision, etc., is required by the county for development which is exempt under the provisions of subsection A of this section, the entitlement shall be processed pursuant to the county regulations for noncoastal zone areas.

• • (Ord. 86 04 (part), 1986; Ord. 83 03 (part), 1983)

21.50.40 Coastal Development Permits Under California Coastal Commission Jurisdiction

Section 21.50.20 shall not apply to any development proposed or undertaken on any tidelands, submerged lands, or on public trust lands, whether filled or unfilled, lying within the coastal zone, nor shall it apply to any development proposed or undertaken within ports covered by Section 30700 of the Public Resources Code or within any state university or college within the coastal zone, however, said section shall apply to any development proposed or undertaken by a port or harbor district or authority on lands or waters granted by the Legislature to the county whose certified Local Coastal Program includes the specific development plans for such district or authority (e.g., the Crescent City Harbor District).

- (Ord. 83 03 (part), 1983)