§ 20.68

This Chapter identifies Coastal Development Permit requirements for proposed development in the County's Coastal Zone.

(Ord. No. 3791, § III(Exh. A), 2023)

20.68.020 - Applicability.

The provisions of this Chapter apply to proposed development in the Coastal Zone as defined by Chapter 20.130 (Coastal Zoning Code Definitions).

(Ord. No. 3791, § III(Exh. A), 2023)

20.68.030 - Coastal Development Permit Required.

A Coastal Development Permit is required for development in the Coastal Zone that is undertaken by any person, including a private entity or a state or local agency, unless the development is categorically excluded (per Section 20.68.040 (Coastal Development Permit Not Required: Categorically Excluded Development)), exempt (per Section 20.68.050 (Coastal Development Permit Not Required: Exempt Development)), or qualifies for a De Minimis Waiver (per Section 20.68.070 (De Minimis Waiver of Coastal Development Permit)).

Development, defined in Chapter 20.130 (Coastal Zoning Code Definitions) of this Coastal Zoning Code, means: 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 extraction of any materials; change in the density or intensity of use of land, including, but not limited to, subdivision pursuant to the Subdivision Map Act (commencing 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; construction, 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, kelp harvesting, and timber operations which are in accordance with a timber harvesting plan submitted pursuant to the

provisions of the Z'berg-Nejedly Forest Practice Act of 1973 (commencing with Section 4511 of the Public Resources Code).

As used in this section, "structure" includes any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line.

(Ord. No. 3791, § III(Exh. A), 2023)

20.68.040 - Coastal Development Permit Not Required: Categorically Excluded Development.

A.

Development specifically designated as categorically excluded from the requirement for a Coastal Development Permit by Public Resources Code Section 30610(e) and implementing regulations is not subject to Coastal Development Permit requirements if such development is consistent with all terms and conditions of the Categorical Exclusion Order. A Coastal Development Permit is not required for the categories of development identified in Categorical Exclusion Orders E-81-2, E-81-6, and E-82-6 (see Appendix 7) and are only excluded provided that the Exclusion Orders themselves remain valid, the

ject to Coastal Development Permit requirements if such development is consistent with all terms and conditions of the Categorical Exclusion Order. A Coastal Development Permit is not required for the categories of development identified in Categorical Exclusion Orders E-81-2, E-81-6, and E-82-6 (see Appendix 7) and are only excluded provided that the Exclusion Orders themselves remain valid, the

development is proposed to be located within the approved categorical exclusion area, and provided that the terms and conditions of the Exclusion Orders are met. For those Categorical Exclusion Orders that require development to be consistent with the zoning ordinances in effect at the time the Categorical Exclusion Order was adopted, all local zoning ordinance in effect at the time each Categorical Exclusion Order was adopted are provided within Appendix 7a.

B.

Categorical Exclusion Noticing. The County shall post on the Community Development Agency's website and on the same day transmit to the applicant, the Coastal Commission, and any known interested parties (including those who have specifically requested such notice) a notice of development projects determined to be categorically excluded from the requirements of obtaining a Coastal Development Permit. The notice shall include the applicant's name, project description and location, the reasons supporting the categorical exclusion, including appropriate supporting evidentiary information and other materials (i.e., location maps, site plans, etc.), and the date of the Director's exclusion determination for each project, and the procedures for challenging the Director's determination.

C.

Categorical Exclusion Challenge. The determination of whether a development is categorically excluded from the requirements for a Coastal Development Permit can be challenged pursuant to Section 20.70.040 (Challenges to Processing Category Determination).

(Ord. No. 3791, § III(Exh. A), 2023)

20.68.050 - Coastal Development Permit Not Required: Exempt Development.

A.

The following development shall be exempt from the requirements of Section 20.68.030 (Coastal Development Permit Required) unless listed as non-exempt by Section 20.68.060 (Coastal Development

Permit Required: Non-Exempt Development).

1.

Improvements to existing single-family residences. Improvements to existing single-family residences are exempt from Coastal Development Permit requirements (see Section 20.68.060 (Coastal Development Permit Required: Non-Exempt Development) for limitations). An existing single-family residence includes:

a.

All fixtures and other structures directly attached to a residence;

b.

Structures on the property normally associated with a single-family residence, such as garages, swimming pools, fences, and storage sheds, but not including guest houses or self-contained residential units; and

c.

Landscaping on the lot.

2.

Improvements to existing structures other than a single-family residence or public works facility. Improvements to existing structures other than a single-family residence or public works facility are exempt from Coastal Development Permit requirements (see Section 20.68.060 (Coastal Development Permit Required: Non-Exempt Development) for limitations). An existing structure includes:

a.

All fixtures and other structures directly attached to the structure.

b.

Landscaping on the lot.

3.

Repair and maintenance. Repair and maintenance activities that do not result in an addition to, or enlargement or expansion of, the object of repair or maintenance are exempt from Coastal Development Permit requirements (see Section 20.68.060 (Coastal Development Permit Required: Non-Exempt Development) for limitations).

4.

Replacement after disaster. The replacement of any legal structure destroyed by a disaster. The replacement structure shall:

1.

Conform to applicable existing zoning requirements;

Be for the same legal use as the destroyed structure;

3.

Not exceed the floor area of the destroyed structure by more than 10 percent or 500 square feet, whichever is less, or the height or bulk of the destroyed structure by more than 10 percent (the applicant must provide proof of pre-existing floor area, height and bulk); and

4.

Be sited in the same location on the site as the destroyed structure.

As used in this section:

(A)

"Disaster" means any situation in which the force or forces which destroyed the structure to be replaced were beyond the control of its owner.

(B)

"Bulk" means total interior cubic volume as measured from the exterior surface of the structure.

(C)

"Structure" includes landscaping and any erosion control structure or device which is similar to that which existed prior to the occurrence of the disaster.

5.

Emergency work. Immediate emergency work necessary to protect life or property or immediate emergency repairs to public service facilities necessary to maintain service as a result of a disaster in a disasterstricken area in which a state of emergency has been proclaimed by the Governor pursuant to Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Calif. Government Code.

6.

Emergency highway repair. Emergency projects undertaken, carried out, or approved by a public agency to maintain, repair, or restore an existing highway, as defined in Section 360 of the Vehicle Code, except for a highway designated as an official state scenic highway pursuant to Section 262 of the Streets and Highways Code, within the existing right-of-way of the highway, damaged as a result of fire, flood, storm, earthquake, land subsidence, gradual earth movement, or landslide, within one year of the damage. This paragraph does not exempt any project undertaken, carried out, or approved by a public agency to expand or widen a highway damaged by fire, flood, storm, earthquake, land subsidence, gradual earth movement, or landslide.

Time-Share. Any activity that involves the conversion of any existing multiple-unit residential structure to a time-share project, estate, or use, as defined in Section 11212 of the Calif. Business and Professions Code.

8.

Utility connection. The installation, testing, and placement in service or the replacement of any necessary utility connection between an existing service facility and any development for which a Coastal Development Permit has been approved, which included the review of utilities connections, provided, however, that the Director may, where necessary, require reasonable conditions to mitigate any adverse impacts on coastal resources, including scenic resources.

9.

Temporary event. All temporary events, except those which meet all of the following criteria:

1.

Are held between Memorial Day weekend and Labor Day; and

2.

Would occupy all or a portion of a sandy beach; and

3.

Would involve a charge for general public admission or seating where no fee is currently charged for use of the same area (not including booth or entry fees).

The Planning Director (or the Coastal Commission's Executive Director if the Planning Director's determination is challenged) may determine that a temporary event, even an event that might otherwise not require a Coastal Development Permit per this section, shall require a Coastal Development Permit if they determine that the exercise of jurisdiction is necessary to implement the coastal resource protection policies of Chapter 3 of the Coastal Act, and/or that unique or changing circumstances exist relative to a particular temporary event that have the potential for significant adverse impacts on coastal resources. Such circumstances may include the following:

a)

The event, either individually or together with other temporary events scheduled before or after the particular event, precludes the general public from use of a public recreational area for a significant period of time;

b)

The event and its associated activities or access requirements will either directly or indirectly impact environmentally sensitive habitat areas, rare or endangered species, significant scenic resources, or other coastal resources as defined in Chapter 20.130 (Coastal Zoning Code Definitions);

c)

The event is scheduled between Memorial Day weekend and Labor Day and would restrict public use of roadways or parking areas or otherwise significantly impact public use or access to coastal waters;

d)

The event has historically required a Coastal Development Permit to address and monitor associated impacts to coastal resources.

10.

Nuisance Abatement. Nuisance abatement actions by the County that are necessary to protect public health and safety, when such abatement must occur more quickly than could occur if authorized by a Coastal Development Permit. If exempt from a Coastal Development Permit, a nuisance abatement action shall involve the minimum level of development activity necessary to successfully abate the nuisance.

11.

Ongoing Agricultural Activities. See Chapter 20.130 (Coastal Zoning Code Definitions) for definition.

B.

Exemption Challenge. The determination of whether a development is exempt from the requirements for a Coastal Development Permit can be challenged pursuant to Coastal Act Section 30625 and Section 13569 of the Commission's regulations.

(Ord. No. 3791, § III(Exh. A), 2023)

20.68.060 - Coastal Development Permit Required: Non-Exempt Development

Notwithstanding the provisions of Section 20.68.050 (Coastal Development Permit Not Required: Exempt Development), a Coastal Development Permit shall be required for all of the following types of development unless the specific type of development in the specific geographic area is otherwise categorically excluded by a Commission adopted categorical exclusion order:

A.

Improvements to existing structures including single family residences. Improvements to any structure if the structure or improvement is located on a beach; in a wetland, stream, or lake; seaward of the mean high tide line; in an Environmentally Sensitive Habitat Area (ESHA); or within 50 feet of the edge of a coastal bluff.

B.

Improvements to a public works facility.

C.

Improvements to an existing structure including single family residences not included in Paragraph A above. On property that is located between the sea and the first public road paralleling the sea or within 300 feet of the inland extent of any beach or of the mean high tide of the sea where there is no beach,

whichever is the greater distance, or in significant scenic resource areas as designated by the Coastal Commission, an improvement that would result in an increase of 10 percent or more of internal floor area of an existing structure (or an additional improvement of 10 percent or less where an improvement to the structure had previously been exempt from Coastal Development Permit requirements), an increase in height by more than 10 percent of an existing structure.

D.

Changes in intensity of use. Improvements to a structure, which changes the intensity of use of the structure,

E.

Conversions. Improvements carried out in conjunction with the conversion of an existing structure from a multiunit rental use or visitor-serving commercial use to a use involving a fee ownership or long-term leasehold, including, but not limited to, a condominium conversion, stock cooperative conversion or motel/hotel timesharing conversion.

F.

Structures of special character and visitor appeal. Demolition of, or substantial alterations or additions to any structure built prior to 1930, except for maintenance or repair consistent with its original architectural character and maintenance or repair that includes replacement-in-kind of building components.

G.

Water wells and septic systems. The expansion or construction of water wells or septic systems.

H.

Landform alterations. Any significant alteration of land forms, including grading (as defined in Chapter 20.130 (Coastal Zoning Code Definitions) and the removal or placement of vegetation, on a beach, or sand dune; in a wetland or stream; within 100 feet of the edge of a coastal bluff or stream or in ESHA.

I.

Future Improvements. Any improvements to a single-family residence or other structure where the Coastal Development Permit issued for the original structure indicated that any future improvements would require a Coastal Development Permit.

J.

Critically short water supply. In areas which the Coastal Commission has previously 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 but not limited to swimming pools, or the construction and extension of any landscaping irrigation system.

K.

Repair and maintenance activities. Repair and maintenance activities as follows:

1.

Any method of repair or maintenance of a seawall, revetment, bluff retaining wall, breakwater, groin, culvert, outfall, or similar shoreline work that involves:

(a)

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

(b)

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 except for agricultural dikes within enclosed bays or estuaries;

(c)

The replacement of 20 percent or more of the materials of an existing structure with materials of a different kind; or

(d)

The presence, whether temporary or permanent, of mechanized construction equipment or construction materials on any sand area, bluff, or ESHA, or within 20 feet of coastal waters or streams.

2.

Any method of routine maintenance dredging that involves:

(a)

The dredging of 100,000 cubic yards or more within a twelve month period;

(b)

The placement of dredged spoils of any quantity within an ESHA, on any sand area, within 50 feet of the edge of a coastal bluff or ESHA, or within 20 feet of coastal waters or streams; or

(c)

The removal, sale, or disposal of dredged spoils of any quantity that would be suitable for beach nourishment in an area the Coastal Commission has declared by resolution to have a critically short sand supply that must be maintained for protection of structures, coastal access or public recreational use.

3.

Any repair or maintenance to facilities or structures or work located in an ESHA, any sand area, within 50 feet of the edge of a coastal bluff or ESHA, or within 20 feet of coastal waters or streams that includes:

(a)

The placement or removal, whether temporary or permanent, of rip-rap, rocks, sand or other beach materials or any other forms of solid materials; or

(b)

The presence, whether temporary or permanent, of mechanized equipment or construction materials.

4.

Unless destroyed by a natural disaster, the replacement of 50 percent or more of a single-family residence, seawall, revetment, bluff retaining wall, breakwater, groin, or any other structure is not considered repair and maintenance, but instead constitutes a replacement structure requiring a Coastal Development Permit.

L.

Redevelopment, as defined in Chapter 20.130 (Coastal Zoning Code Definitions).

M.

Any other development that is not explicitly and specifically exempt from coastal development permit requirements by Section 20.68.050 (Coastal Development Permit Not Required: Exempt Development) above.

(Ord. No. 3791, § III(Exh. A), 2023)

The Director may waive the requirement for a Coastal Development Permit through a De Minimis Coastal Development Permit Waiver in compliance with this Section upon a written determination that the development meets all the criteria and procedural requirements set forth in A. through G. below:

A.

No Adverse Coastal Resource Impacts. The development has no potential for adverse effects, either individually or cumulatively, on coastal resources.

B.

LCP Consistency. The development is consistent with the certified Marin County Local Coastal Program,

C.

Not Appealable to CCC. The development is not of a type or in a location where an action on the development would be appealable to the Coastal Commission. For development appealable to the Coastal Commission, see Section 20.70.030.B.6 (Public Hearing Waiver for Minor Development).

D.

Notice. Public notice of the proposed De Minimis Waiver of Coastal Development Permit and opportunities for public comment shall be provided as required by Section 20.70.050 (Public Notice), including provision of notice to the Coastal Commission.

E.

Executive Director Determination. The Director shall provide a notice of determination to issue a De Minimis Waiver to the Executive Director of the Coastal Commission no later than 10 days prior to the required Board of Supervisors hearing. If the Executive Director notifies the Director that a waiver should not be issued, the applicant shall be required to obtain a Coastal Development Permit if the applicant wishes to proceed with the development.

F.

Review and Concurrence. The Director's determination to issue a De Minimis Waiver shall be subject to review and concurrence by the Board of Supervisors. The Director shall not issue a De Minimis Waiver until the public comment period, including at a minimum through and including the required Board of Supervisor hearing, has expired. No De Minimis Waiver may be issued unless it has been reported to the Board of Supervisors at a regularly scheduled meeting where the public shall have the opportunity to testify and otherwise participate in a hearing on the De Minimis Waiver. If two or more Supervisors so request at this hearing, the De Minimis Waiver shall not be issued and, instead, an application for a Coastal Development Permit shall be required and processed in accordance with the provisions of this chapter. Otherwise, the Waiver shall be deemed approved, effective, and issued the day of the Board of Supervisors hearing. In addition to the noticing requirements above, within seven (7) calendar days of effective date of a De Minimis Waiver of Coastal Development Permit, the Director shall notify the Coastal Commission and any persons who specifically requested notice of such action via first class mail a Notice of Final Action describing the issuance and effectiveness of the De Minimis Waiver.

G.

Waiver Expiration. A De Minimis Waiver shall expire and be of no further force and effect if the authorized development is not completed within three years of the effective date of the waiver. In this event, a Coastal Development Permit shall be required for the development.

(Ord. No. 3791, § III(Exh. A), 2023)

20.68.080 - Projects Requiring a Coastal Commission Coastal Permit.

A.

Coastal Commission approval required. Development, as defined in Chapter 20.130 (Coastal Zoning Code Definitions), proposed on tidelands, submerged lands, or public trust lands, shall require a Coastal Development Permit from the Coastal Commission in compliance with Public Resources Code Section 30519(b). Also, under the Coastal Commission's continuing jurisdiction are amendments or extensions to Coastal Development Permits issued by the Coastal Commission; thermal power plants of 50 megawatts or

greater along with the transmission lines, fuel supply lines, and related facilities to serve them; state university or college projects; and both federal and non-federal projects on federal land.

B.

Determination of jurisdiction. The determination of jurisdiction shall be made by the Coastal Commission based upon maps and other descriptive information that the Applicant, the County, Coastal Commission and/or State Lands Commission may supply.

C.

County land use designations and zoning districts. The LCP, including County land use designations and zoning districts on lands defined in Subsection A above, shall be advisory only for purposes of the Coastal Commission's review of a Coastal Development Permit application, other than for extensions and amendments of Coastal Development Permits within the County's jurisdictions where the LCP shall be the standard of review.

D.

County Approvals. For Coastal Commission Coastal Development Permit applications, the Applicant shall still be required to obtain all other non-Coastal Development Permit approvals necessary for a proposed development, and any required non-ministerial approvals must be obtained and submitted as part of the Coastal Development Permit application to the Commission.

(Ord. No. 3791, § III(Exh. A), 2023)

20.68.090 - Consolidated Coastal Development Permit.

Consolidated Coastal Development Permit. If a proposed development requires two separate Coastal Development Permits, one from the County and one from the Coastal Commission, a consolidated Coastal Development Permit application may be considered by the Coastal Commission according to the following procedure:

A.

The Director, with agreement of the applicant, may request the Coastal Commission, through its executive director, to process a consolidated Coastal Development Permit. The standard of review for a consolidated Coastal Development Permit application shall follow Chapter 3 of the Coastal Act (commencing with Public Resources Code Section 30200), with the Marin County Local Coastal Program used as guidance. The application fee for a consolidated Coastal Development Permit shall be determined by reference to the Coastal Commission's permit fee schedule.

B.

Prior to making a request for a consolidated Coastal Development Permit, the Director shall first determine that public participation would not be substantially impaired by that review process.

(Ord. No. 3791, § III(Exh. A), 2023)

Chapter 20.70 - COASTAL DEVELOPMENT PERMIT ADMINISTRATION