Del Norte County Municipal Code § 21.50 California Coastal Zone Entitlement Procedures--General Provisions

It is the intent of this chapter and all subsequent entitlement procedures chapters to implement the policies and requirements of the California Coastal Act and General Plan Coastal Element by establishing the procedures for the processing of coastal development permits.

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

Where development within the California Coastal Zone requires the issuance of a permit or other entitlement pursuant to Titles 14, 16 and 21 of the Del Norte County Code (e.g., General Plan amendment, zoning amendment, use permit, variance, building or grading permit or tentative subdivision map), said entitlement shall serve as the coastal development permit, subject to compliance with this title, except that:

1. No person who has obtained a vested right in a development, as determined by the Coastal Commission, prior to the effective date of this title or who holds a valid permit from the California Coastal Commission pursuant to California Coastal Act of 1976 shall be required to secure approval for the development pursuant to this title provided, however, that no substantial change may be made in any such development without prior approval having been obtained under this title, and

2. Any person who holds a valid entitlement issued by the county prior to the effective date of this title but does not meet the requirements of subsection A of this section shall within one year of said effective date reapply to the county for a new entitlement. Where no substantial change is made in the project the following shall apply:

   1. Repetition of review pursuant to the California Environmental Quality Act may be waived, and

   2. The project shall only be reviewed for consistency with the certified Local Coastal Program and shall be approved if consistency is affirmed. Such approval may include any new conditions or contingencies necessary to ensure Coastal Program consistency, and

   3. The effective date of the entitlement shall be the date of final action regarding the reapplication.

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

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:

   2. 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.

   3. 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.

   4. 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.

   5. 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.

   6. 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 time-sharing conversion.

4. 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.

5. 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.

6. 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.

   4. 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.

7. 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 multipleunit 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.

8. 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)

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)

It is recognized that in some instances a person or public agency performing a public service may need to undertake work to protect life and public property, or to maintain public services before the provisions of Title 14 and 21 can be fully complied with. Where such persons or agencies are authorized to proceed without a permit pursuant to the general requirements of this chapter, they shall comply with the requirements of Titles 14 and 21 to the maximum extent feasible.

1. Applications in cases of emergencies shall be made to the county planner by letter if time allows, and by telephone or in person if time does not allow.

2. The information to be reported during the emergency, if it is possible to do so, or to be reported fully in any case after the emergency shall include the following:

   1. The nature of the emergency.

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

   3. The 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 course(s) of action taken, including the probable consequences of failing to take action.

3. The county planner shall verify the facts, including the existence and nature of the emergency, insofar as time allows.

4. 1. The county planner shall provide public notice of the proposed emergency action with the extent and type of notice determined on the basis of the nature of the emergency itself. Notice shall also be provided to the Executive Director of the California Coastal Commission.

   2. The county planner may grant an emergency permit upon reasonable terms and conditions, including an expiration date, if he finds that:

      1. An emergency exists and requires action more quickly than permitted by the procedures for ordinary permits.

      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 General Plan Coastal Element.

   3. The county planner shall report in writing to each meeting of the planning commission/harbor commission, or within thirty days of the action of any emergency permits applied for or issued since the last report, with a description of the nature of the emergency and the work involved. Copies of this report shall be available at the meeting and shall have been mailed at the time that application summaries and staff recommendations are normally distributed to all persons who have requested such notification in writing.

All emergency permits issued after the mailing for the meeting shall be briefly described by the county planner at the meeting and the written report shall be distributed prior to the next succeeding meeting.

4. Within ten calendar days of request for an emergency permit the owner/applicant shall submit an application for any required local entitlement pursuant to Section 21.50.20. Where findings are made that the action is not in conformity with the long-term policies of the General Plan Coastal Element, the application shall be denied and the emergency permit revoked. Such revocation shall specify the type of abatement action required, if any, and a time limit for compliance shall be specified.

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

The determination of whether a development within the California Coastal Zone is an exempt, nonappealable or appealable coastal development permit project for purposes of notice, hearing and appeals procedures shall be made by the county at the time the application for development is reviewed for completeness by staff or the Environmental Review Committee, whichever is applicable. This determination shall be made with reference to the certified Local Coastal Program, including any maps, categorical exclusions, land use designations and zoning ordinances which are adopted as part of the Local Coastal Program. When an applicant, interested person, or the county has a question as to the appropriate designation for the development, the following procedures shall establish whether a development is exempt, nonappealable or appealable:

1. The county shall make its determination as what type of development is being proposed (e.g., exempt, appealable, nonappealable) and shall inform the applicant of the notice and hearing requirements for the particular development. Where a question arises regarding exempt status due to potential impacts of a project as set forth in Section 21.50.30(A), the county planning commission shall make the determination.

2. If the determination of the county is challenged by the applicant or an interested person, or if the county wishes to have a California Coastal Commission determination as to the appropriate designation, the local government shall notify the Commission by telephone of the dispute/ question

and shall request the Executive Director's opinion.

3. The Executive Director shall, within two working days of the county's request (or upon completion of a site inspection where such inspection is warranted), transmit its determination as to whether the development is exempt, categorically excluded, nonappealable or appealable.

4. Where, after the Executive Director's investigation, the Executive Director's determination is not in accordance with the county's determination, the California Coastal Commission shall hold a hearing for purposes of determining the appropriate designation for the area. The 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.

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

1. New permit applications which are, in the opinion of the county planner, de minimis with respect to the purposes and objectives of the adopted Local Coastal Program, may be scheduled for one public planning commission hearing during which all such items will be taken up as a single matter. which shall be known as the consent calendar.

   1. Applications shall be processed pursuant to applicable regulations including any preparation of staff reports and the recommendation of findings and/or conditions. Where an item is approved as a part of the consent calendar, any such recommendations shall also be deemed approved.

   2. The public shall have the right to present any testimony or evidence regarding any item on the consent calendar. Any person may request that a consent calendar item be removed and heard as a separate item subject to their submittal of a brief statement of reasons for the request. The Commission shall, upon a majority vote in favor of the request, set a continued hearing time for the subject item.

   3. For the purposes of this section a proposed development is de minimis if it involves no potential for any adverse effect, either individually or cumulatively, on coastal resources and that it will be consistent with the County General Plan.

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

Within portions of residential zone districts visible from view corridors and viewpoints designated in the Local Coastal Program Visual Resources Inventory, Coastal Development Permit applications for new residential structures that exceed 25-feet in maximum height shall include the analysis identified in subsections (a)-(b) below. The County Environmental Review Committee (as specified in Del Norte County Code §22.040.030.K) shall, in addition to their other duties, also review Coastal Development Permit applications for new residential structures that exceed 25-feet in maximum height for potential impacts to visual resources. The Environmental Review Committee's review of such applications shall include: (a) An analysis of the relative compatibility of the proposed project with similar development in the surrounding area, comparing and contrasting building heights, square footages, floor area, and lot coverage. (b) An analysis of whether the height, width, and siting of structures, including setbacks from roads and parcel lines retain as much of the existing view as possible. (c) Where feasible, complete avoidance of impacts to visual resources through site selection and design alternatives is preferred. Approved residential structures that exceed 25 feet in height shall be visually compatible with the character of the surrounding area, sited and designed to protect views to and along the ocean and scenic coastal areas, and minimize the alteration of natural landforms.

(Ord. 2018-001, 2018)

21.50A California Coastal Zone Entitlement Procedures--General Plan 21.50A.10 Definition

21.50A.20 Frequency Limitation 21.50A.30 Application Review 21.50A.40 Notification 21.50A.50 Hearings

21.50A.60 Coastal Element Amendment; LCP-LUP Amendments

21.50A.10 Definition

A General Plan amendment is an entitlement which consists of a change of text and/or mapping for any element of the adopted Del Norte County General Plan. A finding by either the planning commission or board of supervisors as part of a specific entitlement review (such as a rezoning, land subdivision or use permit) which clarifies the intent of the General Plan (e.g., the specific location on a parcel of the boundary between two land use designations) shall not be deemed an amendment thereto.

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

21.50A.20 Frequency Limitation

The mandatory elements of the General Plan (including the Coastal Element) shall not be amended more frequently than three times during any one calendar year. Each amendment however, may include several different changes.

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

21.50A.30 Application Review

1. Content. Application for a General Plan amendment shall be made to the county planning office on a form provided by said office and shall be accompanied by:

   1. Verification of the applicant's interest in the property such as a copy of the grant deed, signed or certified escrow instructions, title report or owner's letter of authorization.

   2. An assessor's office plat map.

2. A plot plan of sufficient detail to illustrate the request and to determine compliance with other county regulations (yards, setbacks, grading, General Plan compliance, etc.).

   4. Any building plans, elevations or supplemental data as maybe requested to adequately illustrate the proposal and/or its impacts.

   5. A filing fee, as prescribed in the current fee schedule resolution of the board of supervisors.

3. Environmental Review Committee (See Title 16 of the Del Norte County Code). The environmental review committee shall review an application at its next regular meeting after submission of the application packet to the department of planning and building. Review shall include:

   1. A determination of completeness of the application and, where necessary, notification of any additional information required.

   2. A recommendation for action on an environmental document pursuant to the California Environmental Quality Act.

4. Planning Staff Report. Project applications shall be reviewed by the environmental review committee, scheduled for planning commission hearing and shall be accompanied by a report from the staff of the department of planning and building. The report shall include a description of the project, its location, any applicable regulations and/or policies, any responses to comment submitted regarding the project and a recommendation for findings and/or conditions, if any.

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

21.50A.40 Notification

1. The county shall provide notice of pending General Plan amendment application which contains the following information:

   1. A statement that the development is within the coastal zone.

   2. The date of filing of 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(s), time and place(s) at which the application will be considered by the local governing body.

   6. A brief description of the general procedure of local government concerning the conduct of any hearing and/or issuance action.

   7. The system for local and Coastal Commission appeals, including any local fees required.

2. Notice of a public hearing shall be provided at least ten days prior to the hearing by:

   1. First-class mail to each applicant, to all persons who have requested to be on the mailing list for that project or for coastal decisions within the county's coastal zone and to the Coastal Commission; and

   2. First-class mail to all property owners within one hundred feet of the perimeter of the parcel on which the development is proposed when a subdivision or zoning amendment is not a part of the project or within three hundred feet when a zoning amendment or subdivision is a part of the project except that when notice for a zoning amendment would be sent to greater than one thousand owners, alternative notice in a newspaper of general circulation pursuant to Government Code Section 65854.5 may be utilized; and

   3. Notice shall be delivered by the applicant to each dwelling unit within one hundred feet of the project. The applicant shall submit to the county planner a signed affidavit listing the addresses of all residences and attesting to the delivery of the notices. The affidavit shall be submitted within three calendar days of delivery; and

   4. Notice shall be published at least once in a newspaper of general circulation published and circulated in the county.

3. For the purposes of this section:

   1. "Property owners" means all persons, including businesses, corporations or other public or private entities shown on the latest equalized assessment roll as owning real property.

   2. Those persons who request to be on a mailing list shall submit such request in writing to the department of planning and building at any time during the calendar year and it shall apply for the balance of such calendar year. The county may impose a reasonable fee on persons requesting such notice for the purpose of recovering the cost of such mailing.

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

21.50A.50 Hearings

1. General Plan amendments shall be heard by the planning commission at the date, time and place set forth in the required public notice.

2. Following the public hearing for a General Plan amendment, the commission shall make a written report to the board of supervisors summarizing any issues, addressing specific finding, such as Local Coastal Program performance and setting forth the commission's recommendation including any conditions or changes.

3. The board of supervisors, upon receipt of a commission report for a General Plan amendment shall set the matter for a public hearing and shall give notice thereof as set forth in Section 21.50A.40. The board may approve, modify or disapprove any recommendation of the commission. Any modification of the proposed amendment shall be referred back to the commission for a report and recommendation. The board also may, by resolution, abandon any proceedings for an amendment initiated by its own action, provided that such abandonment may be made only when such proceedings are before such body as a hearing for which required notice has been given.

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

21.50A.60 Coastal Element Amendment; LCP-LUP Amendments

1. An amendment to the General Plan Coastal Element shall constitute an amendment to the Local Coastal Program-Land Use Plan (LCP-LUP). Upon completion of local review procedure, set forth in this chapter, the county shall submit a proposed LCP-LUP amendment to the California Coastal Commission for review and certification.

2. No General Plan Coastal Element amendment shall take effect until it has been certified by the California Coastal Commission.

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

21.50B California Coastal Zone Entitlement Procedures--Zoning Amendments 21.50B.10 Definition 21.50B.20 General Plan Consistency 21.50B.30 Application Review 21.50B.40 Notification 21.50B.50 Hearings 21.50B.60 Local Coastal Program Amendments; LCP Zoning Amendments 21.50B Table A - Coastal Element Land Use Plan And Zoning Consistency

21.50B.10 Definition

A zoning amendment is an amendment to Chapters 21.02 through 21.60 to establish or change zoning district text, district boundaries or any other provisions thereof whenever the public necessity, convenience and/or general welfare require such an amendment.

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

21.50B.20 General Plan Consistency

Chapters 21.02 through 21.60 and any amendment thereto shall be consistent with the County's General Plan. Within the California coastal zone consistency of zoning with the General Plan Coastal Element shall be as set forth in Table A, following this chapter.

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

21.50B.30 Application Review

1. Application for a zoning amendment shall be made to the county planning office on a form provided by said office and shall be accompanied by:

   1. Verification of the applicant's interest in the property such as a copy of the grant deed, signed or certified escrow instructions, title report or owner's letter of authorization.

   2. An assessor's office plat map.

   3. A plot plan of sufficient detail to illustrate the request and to determine compliance with other county regulations (yards, setbacks, grading, General Plan compliance, etc.).

   4. Any building plans, elevations or supplemental data as may be requested to adequately illustrate the proposal and/or its impacts.

   5. A filing fee as prescribed in the current fee schedule resolution of the board of supervisors.

2. Environmental Review Committee (See Title 16 of the Del Norte County Code). The environmental review committee shall review an application at its next regular meeting after submission of the application packet to the department of planning and building. Review shall include:

   1. A determination of completeness of the application and, where necessary, notification of any additional information required.

   2. A recommendation for action on an environmental document pursuant to the California Environmental Quality Act.

3. Planning Staff Report. Project applications shall be reviewed by the environmental review committee, scheduled for planning commission hearing and shall be accompanied by a report from the staff of the department of planning and building. The report shall include a description of the project, its location, any applicable regulations and/or policies, any responses to comments submitted regarding the project and a recommendation for findings and/or conditions, if any.

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

21.50B.40 Notification

1. The county shall provide notice of pending application for a zoning amendment which contains the following information:

   1. A statement that the development is within the coastal zone.

   2. The date of filing of the application and the name of the applicant.

2. The number assigned to the application.

   4. A description of the development and its proposed location.

   5. The date(s), time and place(s) at which the application will be considered by the local governing body.

   6. A brief description of the general procedure of local government concerning the conduct of any hearing and/or issuance action.

   7. The system for local and Coastal Commission appeals, including any local fees required.

3. Notice of a public hearing shall be provided at least ten days prior to the hearing by:

   1. First-class mail to each applicant, to all persons who have requested to be on the mailing list for the project of for coastal decisions within the county's coastal zone and to the Coastal Commission; and

   2. First-class mail to all property owners within three hundred feet of the perimeter of the parcel on which the development is proposed except that when notice would be sent to greater than one thousand owners alternative notice in a newspaper of general circulation pursuant to Government Code Section 65854.5 may be utilized; and

   3. Notice shall be delivered by the applicant to each dwelling unit within one hundred feet of the project. The applicant shall submit to the county planner a signed affidavit listing the addresses of all residences and attesting to the delivery of the notices. The affidavit shall be submitted within three calendar days of delivery; and

   4. Notice shall be published at least once in a newspaper of general circulation published and circulated in the county.

4. For the purposes of this section:

   1. "Property owner" means all persons, including businesses, corporations or other public or private entities shown on the latest equalized assessment roll as owning real property.

   2. Those persons who request to be on a mailing list shall submit such a request in writing to the department of planning and building at any time during the calendar year and it shall apply for the balance of such calendar year. The county may impose a reasonable fee on persons requesting such notice for the purpose of recovering the cost of such mailing.

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

21.50B.50 Hearings

1. Zoning amendments shall be heard by the planning commission at the date, time and place set forth in the required public notice.

2. Following the public hearing for a zoning amendment the commission shall make a written report to the board of supervisors summarizing any issues, addressing specific finding, including General Plan conformance and setting forth the commission's recommendation including any conditions or changes.

3. The board of supervisors, upon receipt of a commission report for a zoning amendment, shall set the matter for a public hearing and shall give notice thereof as set forth in Section 21.50B.40. The board may approve, modify or disapprove any recommendation of the commission. Any modification of the proposed ordinance or amendment shall be referred back to the commission for a report and recommendation. The board also may, by resolution, abandon any proceedings for an amendment initiated by its own action, provided that such abandonment may be made only when such proceedings are before such body at a hearing for which required notice has been given.

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

21.50B.60 Local Coastal Program Amendments; LCP Zoning Amendments

1. Zoning amendments within the California coastal zone shall constitute an amendment to the Local Coastal Program except where:

   1. The amendment deals solely with the issue of the establishment or removal of the MH-1 and MH2 (mobilehome) combining district zone, or

   2. The amendment consists of an interchange between the RR-1 (rural residential) and RRA-1 (high density rural residential agriculture) district zones for the provision for or control of agricultural animals.

2. A textual amendment to Chapters 21.02 through 21.60 shall be an amendment of the Local Coastal Program and, if approval is recommended by the county upon completion of local review, shall be submitted as such to the California Coastal Commission for review.

3. Any zoning map amendment involving the application or removal of Chapters 21.37 through 21.39 (flood zone combining districts), Chapter 21.35 (coastal area combining district), or the removal of Chapter 21.11A (designated resource conservation area) shall be considered a major amendment of the local coastal program and, if approval is recommended by the county upon completion of local review, shall be submitted as such to the California Coastal Commission for review. A rezoning from RCA-1 to RCA-2 pursuant to Section 21.11.60 shall be considered a minor amendment and shall be submitted as such to the California Coastal Commission.

4. Except as provided in subsections A through C of this section, a zoning map amendment where the zoning district use and density are consistent with the certified land use plan and density as set forth in Table A herein shall be considered a minor amendment of the Local Coastal Program and, if approval is recommended by the county upon completion of local review, shall be submitted as such to the California Coastal Commission for review.

5. No local coastal program zoning amendment shall take effect until it has been certified by the California Coastal Commission.

(Ord. 86-04 (part), 1986: (Ord. 83-03 (part), 1983)

21.50B Table A - Coastal Element Land Use Plan And Zoning Consistency

Table A is not available for viewing within this application, please click the ordinance number below to download from the document library.

(Ord. 2021-001 § 8, 2021)

21.50C California Coastal Zone Entitlement Procedures--Use Permits 21.50C.10 Definition 21.50C.20 When Required 21.50C.30 Application Review 21.50C.40 Notification 21.50C.50 Hearings 21.50C.60 Revocation/Expiration 21.50C.70 Appeals

21.50C.10 Definition

A use permit is an entitlement which provides for the establishment of certain uses which are not permitted as a matter of right but which may be established within specified zoning districts subject to the review and satisfaction of specified conditions as set forth in Chapters 21.02 through 21.60.

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

21.50C.20 When Required

A use permit shall be required for new development as specified in Chapters 21.08 through 21.48 and under the following circumstances:

1. Any amendment(s) to a prior approved use permit including, but not limited to, a requested change in contingencies.

2. An addition or expansion of a use permit.

3. An addition or expansion of a use requiring but not having a use permit because the land use predates the zoning requiring a use permit.

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

21.50C.30 Application Review

1. Content. Application for a use permit shall be made to the county planning office on a form provided by the office and shall be accompanied by:

   1. Verification of the applicant's interest in the property such as a copy of the grant deed, signed or certified escrow instructions, title report or owner's letter of authorization.

   2. An assessor's office plat map.

   3. A plot plan of sufficient detail to illustrate the request and to determine compliance with other county regulations (yards, setbacks, grading, General Plan compliance, etc.).

   4. Any building plans, elevations or supplemental data as may be requested to adequately illustrate the proposal and/or its impacts.

   5. A filing fee, as prescribed in the current fee schedule resolution of the board of supervisors.

2. Environmental Review Committee (See Title 16 of the Del Norte County Code). The environmental review committee shall review an application at its next regular meeting after submission of the application packet to the department of planning and building. Review shall include:

   1. A determination of completeness of the application and, where necessary, notification of any additional information required.

   2. A recommendation for action on an environmental document pursuant to the California Environmental Quality Act.

3. Planning Staff Report. Project applications shall be reviewed by the environmental review committee, scheduled for planning commission/harbor commission hearing and shall be accompanied by a report from the staff of the department of planning and building. The report shall include a description of the project, its location, and applicable regulations and/or policies, any responses to comments submitted regarding the project and a recommendation for findings and/ or conditions, if any, including consistency with the zoning and/or General Plan.

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

21.50C.40 Notification

1. The county shall provide notice of pending application which contains the following information:

2. A statement that the development is within the coastal zone.

   2. The date of filing of 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(s), time and place(s) at which the application will be considered by the local governing body.

   6. A brief description of the general procedure of local government concerning the conduct of any hearing and/or issuance action.

   7. The system for local and Coastal Commission appeals including any local fees required.

3. Notice of a public hearing shall be provided at least ten days prior to the hearing by:

   1. First-class mail to each applicant, to all persons who have requested to be on the mailing list for that project or for coastal decisions within the county's coastal zone and the coastal commission; and

   2. First-class mail to all property owners within one hundred feet of the perimeter of the parcel on which the development is proposed; and

   3. Notice shall be delivered by the applicant to each dwelling unit within one hundred feet of the project. The applicant shall submit to the county planner a signed affidavit listing the addresses of all residences and attesting to the delivery of the notices. The affidavit shall be submitted within three calendar days of delivery; and

   4. Notice shall be published at least once in a newspaper of general circulation published and circulated in the county.

4. For the purposes of this section:

   1. "Property owner" means all persons, including businesses, corporations or other public or private entities shown on the latest equalized assessment roll as owning real property.

   2. Those persons who request to be on a mailing list shall submit such request in writing to the department of planning and building at any time during the calendar year and it shall apply for the balance of such calendar year. The county may impose a reasonable fee on persons requesting such notice for the purpose of recovering the cost of such mailing.

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

21.50C.50 Hearings

1. Use permits shall be heard by the planning commission/harbor commission at the date, time and place set forth in the required public notice.

2. The planning commission/harbor commission may issue the use permit if the finding of the commission shall be that the establishment, maintenance or operation of the use applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood, such use is in harmony with the general intent of Chapters 21.02 through 21.60 and that the issuance of the permit is consistent with those General Plan policies which are applicable to the subject parcel.

3. The planning commission/harbor commission may designate such conditions as it deems necessary to secure the purposes of Chapters 21.02 through 21.60 and may require a guarantee and/or bond that such conditions will be complied with.

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

21.50C.60 Revocation/Expiration

1. In any case where the conditions of granting a use permit have not, or are not complied with, the planning commission/harbor commission shall give notice to the permittee by certified mail sent to the address shown on the application for the use permit at least ten days prior to a hearing thereon. At the conclusion of the hearing, the commission may revoke such permit. Such revocation shall be subject to the right of local appeal in the same manner as set forth in Chapter 21.51.

2. In any case where a substantial start has not been made to use the use permit within one year after the date of granting thereof, or the use permit has been abandoned for a period of one year, then, without further action by the planning commission/harbor commission or board of supervisors, the use permit granted shall be null and void. At the permittee's request, evidence of a substantial start or abandonment of a use permit may be reviewed by the commission as per subsection A of this section in order to determine whether the permit should not be null and void.

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

21.50C.70 Appeals

Local appeals to the board of supervisors shall be as set forth in Chapter 21.50.

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

21.50D California Coastal Zone Entitlement Procedures--Variances 21.50D.10 Definition

21.50D.20 Application Review 21.50D.30 Notification 21.50D.40 Hearings 21.50D.50 Revocation/Expiration

21.50D.10 Definition

A variance is an entitlement to deviate from those requirements of Chapters 21.08 through 21.48 which do not address land use because of special circumstances applicable to the property, including size, shape, topography, location or surroundings when the strict application of said chapters deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification.

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

21.50D.20 Application Review

1. Content. Application for a variance shall be made to the county planning office on a form provided by said office and shall be accompanied by:

   1. Verification of the applicant's interest in the property such as a copy of the grant deed signed or certified escrow instructions, title report or owner's letter of authorization.

   2. An assessor's office plant map.

   3. A plot plan of sufficient detail to illustrate the request and to determine compliance with other county regulations (yards, setbacks, grading, General Plan compliance, etc.).

   4. Any building plans, elevations or supplemental data as may be requested to adequately illustrate the proposal and/or its impacts.

   5. A filing fee, as prescribed in the current fee schedule resolution of the board of supervisors.

2. Environmental Review Committee (See Title 16 of the Del Norte County Code). The environmental review committee shall review an application at its next regular meeting after submission of the application packet to the department of planning and building. Review shall include:

   1. A determination of completeness of the application and, where necessary, notification of any additional information required.

3. A recommendation for action on an environmental document pursuant to the California Environmental Quality Act.

   3. Planning Staff Report. Project applications shall be reviewed by the environmental review committee, scheduled for planning commission/harbor commission hearings and shall be accompanied by a report from the staff of the department of planning and building. The report shall include a description of the project, its location, any applicable regulations and/or policies, any responses to comments submitted regarding the project and a recommendation for findings and/or conditions, if any.

• (Ord. 83-03 (part), 1983)

21.50D.30 Notification

1. The county shall provide notice of pending application which contains the following information:

   1. A statement that the development is within the coastal zone.

   2. The date of filing of the application and the name of the application.

   3. The number assigned to the application.

   4. A description of the development and its proposed location.

   5. The date(s), time and place(s) at which the application will be considered by the local governing body.

   6. A brief description of the general procedure of local government concerning the conduct of any hearing and/or issuance action.

   7. The system for local and Coastal Commission appeals, including any local fees required.

2. When a project which is appealable to the Coastal Commission required a local public hearing, notice shall be provided at least ten days prior to the hearing by:

   1. First-class mail to each applicant, to all persons who have requested to be on the mailing list for the project or for coastal decisions within the county's coastal zone and to the Coastal Commission, and

   2. First-class mail to all property owners within one hundred feet of the perimeter of the parcel on which the development is proposed.

   3. Notice shall be delivered by the applicant to each dwelling unit within one hundred feet of the project. The applicant shall submit to the county planner a signed affidavit listing the addresses of all residences and attesting to the delivery of the notices. The affidavit shall be submitted within three calendar days of delivery.

   4. Notice shall be published at least once in a newspaper of general circulation published and circulated in the county.

3. For the purposes of this section:

   1. "Property owner" means all persons, including businesses, corporations or other public or private entities shown on the latest equalized assessment roll as owning real property.

   2. Those persons who request to be on a mailing list shall submit such request in writing to the department of planning and building at any time during the calendar year. the county may impose a reasonable fee on persons requesting such notice for the purpose of recovering the cost of such mailing.

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

21.50D.40 Hearings

1. Variances shall be heard by the planning commission at the date, time and place set forth in the required public notice.

2. Before any variance may be granted, all of the following must be shown:

3. That there are exceptional or extraordinary circumstances, or conditions applying to the land referred to in the application, which circumstances or conditions do not apply to other lands, in the same district.

   2. That the granting of the variance is necessary for the preservation and enjoyment of substantial property rights of the applicant.

   3. That the granting of such variance will not, under the circumstances of the particular case, affect adversely the health or safety of persons residing or working in the neighborhood of the property of the applicant, and will not, under the circumstances of the particular case, be detrimental to

the public welfare or injurious to property or improvements in the neighborhood.

4. That the issuance of such variance is consistent with General Plan policies which are applicable to the subject parcel and the intent of the zoning district in which it is located.

5. Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and district in which such property is situated.

6. Following the public hearing for a variance the commission shall make a written report to the board of supervisors summarizing any issues, addressing specific findings, and setting forth the commission's recommendation including any conditions.

7. The board of supervisors shall consider the report of the commission regarding any variance and, if the board of supervisors finds that the requirements of subsection B of this section do in fact apply to the land and that such variance is in harmony with the purposes of Chapters 21.02 through 21.60, the board shall by resolution grant such variance. The board of supervisors may designate conditions and guarantees in connection with the variance to secure the purposes of Chapters 21.02 through 21.60.

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

21.50D.50 Revocation/Expiration

1. In any case where the conditions of granting of a variance have not, or are not complied with, the board of supervisors shall give notice to the permittee of intention to revoke such variance at least ten days prior to a hearing hereon by the planning commission/harbor commission. After conclusion of the hearing, the planning commission/harbor commission may revoke such variance. Such revocation shall be subject to confirmation by the board of supervisors.

2. In any case where a variance has not been used within one year after the date of granting thereof, then, without further action by the planning commission or board of supervisors, the variance granted shall be null and void.

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