§ 20.70

This Chapter provides procedures for processing Coastal Development Permit applications, as well as for processing Coastal Development Permit Exclusions, Exemptions, and De Minimis Waivers as described in Chapter 20.68 (Coastal Development Permit Requirements).

(Ord. No. 3791, § III(Exh. A), 2023)

The provisions of this Chapter apply to the preparation, filing, review, and approval or denial of all applications for development in Marin County, whether such approval or denial occurs through a Coastal Development Permit, De Minimis Waiver, Exemption, or Categorical Exclusion.

(Ord. No. 3791, § III(Exh. A), 2023)

A.

Application and filing. Coastal Development Permit application submittals shall include all information and other materials required by the Coastal Development Permit application forms, provided by the Agency, including any information identified as necessary for specific categories of development or for development proposed in specific geographic areas. The application and accompanying materials shall be filed with the Agency before or concurrent with an application for any land use permit required by Title 22. The Coastal Development Permit application shall include:

1.

Project plans and supporting materials sufficient to determine whether the project complies with all relevant policies of the Local Coastal Program;

2.

Documentation of the applicant's legal interest in all the property upon which work is proposed to be performed, and all contiguous properties under the same ownership. The area subject to the Coastal Development Permit may include such contiguous properties where the Director finds that necessary to achieve the requirements of the Local Coastal Program. The reviewing authority shall consider all contiguous properties under the same ownership when reviewing development in the C-APZ zoning district. The area covered by a proposed project may also include multiple ownerships.

3.

A dated signature by or on behalf of each of the applicants, attesting to the truth, completeness and accuracy of the contents of the application and, if the signer of the application is not the applicant, written evidence that the signer is authorized to act as the applicant's representative and to bind the applicant in all matters concerning the application: and

B.

Determination of processing category. The Director shall determine if the proposed development is categorically excluded, exempt, qualifies for a De Minimis Waiver, is or is not appealable to the Coastal Commission and/or requires a Coastal Development Permit that does or does not require a public hearing as set forth below. Notice of processing category determination shall be sent in compliance with the requirements specified for the particular permit category. All such determinations regarding permit category may be challenged in compliance with Section 20.70.040 (Challenges to Processing Category Determination).

1.

Categorical exclusion. A determination that development is categorically excluded shall comply with Section 20.68.040 (Coastal Development Permit Not Required: Categorically Excluded Development).

2.

Exemption. A determination that development is exempt from the requirement to obtain a Coastal Development Permit shall comply with Section 20.68.050 (Coastal Development Permit Not Required: Exempt Development) and with Section 20.68.060 (Coastal Development Permit Required: Non-Exempt Development).

3.

De Minimis Waiver. A determination that a project qualifies for a De Minimis Waiver shall comply with Section 20.68.070 (De Minimis Waiver of Coastal Development Permit).

4.

Non-public hearing applications. A public hearing shall not be required when an application is not appealable to the Coastal Commission by Section 20.70.080 (Appeal of Coastal Development Permit Decision), unless a public hearing is required for another discretionary planning permit for the same project or as determined by the Director.

5.

Public hearing applications. A public hearing shall be required when a project is defined as appealable to the Coastal Commission by Section 20.70.080 (Appeal of Coastal Development Permit Decision), unless the proposed project only entails the approval of an Accessory Dwelling Unit in a residential zone or if it qualifies for a public hearing waiver.

6.

Public hearing waiver for minor development. A public hearing that would otherwise be required for the below identified minor development shall be waived if both the following occur:

(a)

Notice is provided as required by Section 20.70.050 (Public Notice) that a public hearing shall be held upon request by any person, and

(b)

No request for a public hearing is received within 15 working days from the date of sending the notice required by Section 20.70.050 (Public Notice).

In addition to the requirements of Section 20.70.050 (Public Notice), the notice shall include a statement that the hearing will be cancelled if no person submits a request for a public hearing as provided above, and a statement that failure by a person to request a public hearing may result in the loss of that person's ability to appeal to the Coastal Commission any action taken by the County of Marin on the Coastal Development Permit application.

For purposes of this Section, "minor development" means a development that the Director determines satisfies all of the following requirements:

(1)

As proposed, is consistent with the certified Local Coastal Program,

(2)

Requires no discretionary approvals other than a Coastal Development Permit, and

(3)

As proposed, has no adverse effect either individually or cumulatively on coastal resources or public access to the shoreline or along the coast.

Notwithstanding the waiver of a public hearing, any written comments submitted regarding a Coastal Development Permit application shall be made part of the permit application record.

C.

Initial processing. A Coastal Development Permit shall be processed concurrently with other permit applications required for the project, and shall be evaluated as provided by Chapter 22.40 (Application Filing and Processing, Fees).

(Ord. No. 3791, § III(Exh. A), 2023)

Where an applicant or interested person disputes the Director's processing category determination, see Section 20.70.030.B (Determination of Processing Category), the determination may be challenged as follows:

A.

Challenges to Processing Category Determination. The Director's determination that a proposed development is to be processed as a categorical exclusion, exemption, de minimis waiver, non-public hearing application, or public hearing application may be challenged to the Coastal Commission within 10 working days after the date of the Commission receiving the public notice is required by this Chapter. The Director's determination that a proposed development is to be processed as a public hearing waiver for minor development may be challenged to the Coastal Commission within 15 working days after the date of the Commission receiving the public notice as required by this Chapter.

B.

Coastal Commission Challenge Procedures. Where an applicant, interested person, the County, or the Coastal Commission's Executive Director has a question as to any processing category determination under Section 20.70.030 (Coastal Development Permit Filing, Initial Processing) for a proposed development, the following procedures shall provide an administrative resolution process for determining the appropriate permit category:

(1)

The County shall make its determination as to the processing category for the proposed development in accordance with the procedure set forth in Section 20.70.030 (Coastal Development Permit Filing, Initial Processing).

(2)

If the County's processing category determination is challenged by the applicant, an interested person, or the Coastal Commission's Executive Director, or if the County wishes to have a Coastal Commission determination as to the appropriate processing category, the County shall notify the Commission of the dispute/question and shall request an Executive Director's opinion. County processing of the permit application shall cease if a challenge is received by the County and/or the Coastal Commission.

(3)

The Executive Director shall provide his or her opinion to the County, the applicant and any other known interested parties within 10 working days of the County's request unless the applicant and the County agree to an extension.

(a)

If the Executive Director agrees with the County's determination, then the determination shall be final and shall apply to the proposed development;

(b)

If the Executive Director disagrees with the County's determination, and the County then agrees with the Executive Director's opinion, then the review and permit procedures associated with the Executive Director's opinion shall apply to the proposed development; or

(c)

If the Executive Director disagrees with the County's determination, and the County disagrees with the Executive Director's opinion, then the matter shall be set for public hearing for the Coastal Commission to make the final determination of applicable review and permit procedures, and the Coastal Commission's determination shall apply to the proposed development.

(4)

The challenge period shall be deemed concluded if no challenge is received within the time periods specified in Section 20.70.040.B, or when the Executive Director provides his or her opinion to the County in outcomes (a) or (b) above, or when the Executive Director provides the Coastal Commission's determination to the County in outcome (c) above.

The operation and effect of any application shall be stayed until the challenge period is concluded.

(Ord. No. 3791, § III(Exh. A), 2023)

Notice to the public of a pending action on a Coastal Development Permit or De Minimis Waiver or on a public hearing waiver for minor development shall be given as follows:

A.

Form of notice. Permit applications shall be noticed at least 10 days prior (15 working days for public hearing waiver applications) to a hearing or action on the proposed project by posting one (or more as necessary to ensure the public is made aware) notice in at least one location that is conspicuously visible to the general public on or adjacent to the property which is the subject of the permit and by mailing notice to:

1.

The owner(s) or owner's agent of all properties for which development is proposed, the applicant, and any applicant representatives;

2.

Each local agency expected to provide essential facilities or services to the project;

3.

Any person who has filed a written request for notice for a specific project or for a specific geographic area, or a particular type of development with the Director;

4.

All owners of real property within three hundred feet of the properties on which the development is proposed, as shown on the County's latest equalized assessment roll, if the zoning for such property requires a minimum lot area of less than twenty thousand square feet or a maximum density higher than two units per acre, or all owners of real property within six hundred feet of the properties on which development is proposed, as shown on the County's latest equalized assessment roll, if the zoning for such

property requires a minimum lot area of twenty thousand square feet or greater, or a maximum density of two units per acre or lower.

5.

Where home mail delivery is available, all occupants of real property located within 100 feet (not including roads) of the perimeter of the real properties on which the development is proposed.

6.

All agencies for which an approval for the proposed development may be required.

7.

The Coastal Commission.

Notices to the above recipients shall be provided whether or not a public hearing is required on the permit. If a public hearing is required, notice shall also be published at least once in a local newspaper of general circulation in the County.

The Director may also require additional means of notice that is reasonably determined necessary to provide adequate public notice of the application for the proposed project.

B.

Content of notice. The required notice may be combined with other required project permit notice(s), shall be mailed by First Class mail and shall include the following information:

1.

A statement that the project is within the Coastal Zone, and that the project decision will include a determination on a Coastal Development Permit;

2.

The date of filing of the application;

3.

The name of the applicant;

4.

The number assigned to the application;

5.

A description of the proposed project and its location;

6.

A determination of whether the project is appealable to the Coastal Commission under Section 30603(a) of the Public Resources Code;

7.

The date, time and place of the hearing and/or decision on the application;

8.

A brief description of the procedures for public comment and decision on the application, including listing which review authority is to decide on the Coastal Development Permit application, as well as the system of challenge and appeal if applicable;

9.

If no public hearing is held, a description of the applicable public comment period sufficient to allow for the submission of comments by mail prior to the local decision; and

10.

If a public hearing is proposed to be waived, a description of the public hearing waiver process as provided in Section 20.70.030.B.5 (Public Hearing Applications).

C.

Renoticing required. If a decision on a Coastal Development Permit is continued by the review authority to a date or time not specific, the item shall be renoticed in the same manner and within the same time limits established by this Section. If a decision on a Coastal Development Permit is continued to a specific date and time, then no renoticing is required.

D.

State Lands Commission notification. Notice shall be provided to the State Lands Commission when an application for a Coastal Development Permit is submitted to the County on property identified as potentially subject to the public trust.

(Ord. No. 3791, § III(Exh. A), 2023)

20.70.060 - Decision on Coastal Development Permit.

A.

Review authority. A decision to approve, conditionally approve, or deny a Coastal Development Permit shall be by the applicable review authority.

1.

The Director shall take action on a non-hearing Coastal Development Permit application.

2.

Where the decision required for the permit by this Coastal Zoning Code or other County Code provision is to be by the Zoning Administrator, Planning Commission, or Board, that review authority shall conduct a public hearing and take action on the Coastal Development Permit application.

3.

Where the decision required for the permit by this Coastal Zoning Code or other County Code provision is to be by the Director or other County officer, and a public hearing is required, the Zoning Administrator shall hold a public hearing and approve or deny the Coastal Development Permit application.

4.

For projects requiring multiple approvals under various provisions of the County Code, and where at least one approval is required by the Zoning Administrator or Planning Commission, the Zoning Administrator or Planning Commission may hold the public hearing and approve or deny the Coastal Development Permit application at the same time as taking action on the other applications.

5.

For appealable projects or other public hearing coastal projects for which the County permit requirements do not identify a review authority, the Coastal Development Permit application shall be heard, and approved or denied by the Zoning Administrator.

(Ord. No. 3791, § III(Exh. A), 2023)

Findings. The applicable review authority shall approve a Coastal Development Permit only when it first makes the findings below in addition to any findings required by the Marin County Local Coastal Program. Findings of fact establishing that the project conforms to all requirements of the Marin County Local Coastal Program shall be made and shall include all of the findings enumerated below. The findings shall reference applicable policies of the Marin County Local Coastal Program where necessary or appropriate in addition to the development standards identified below.

A.

Coastal Access. The proposed project, as conditioned, is consistent with the applicable policies contained in the Public Coastal Access section of the Marin County Land Use Plan and the applicable standards contained in Section 20.64.180 (Public Coastal Access). Where the project is located between the nearest public road and the sea, a specific finding must be made that the proposed project, as conditioned, is in conformity with the public access and recreation policies of Chapter 3 of the California Coastal Act (commencing with Section 30200 of the Public Resources Code).

B.

Biological Resources. The proposed project, as conditioned, is consistent with the applicable policies contained in the Biological Resources section of the Marin County Land Use Plan and the applicable standards contained in Section 20.64.050 (Biological Resources).

C.

Environmental Hazards. The proposed project, as conditioned, is consistent with the applicable policies contained in the Environmental Hazards section of the Marin County Land Use Plan and the applicable standards contained in Section 20.64.060 (Environmental Hazards).

D.

Agriculture and Mariculture. The proposed project, as conditioned, is consistent with the applicable policies contained in the Agriculture and Mariculture sections of the Marin County Land Use Plan and the applicable agricultural and maricultural standards contained in Chapter 20.32 (Standards for Specific Land Uses).

E.

Water Resources. The proposed project, as conditioned, is consistent with the applicable policies contained in the Water Resources section of the Marin County Land Use Plan and the applicable standards contained in Section 20.64.080 (Water Resources).

F.

Community Design. The proposed project, as conditioned, is consistent with the applicable policies contained in the Community Design section of the Marin County Land Use Plan and the applicable standards contained in Section 20.64.100 (Community Design).

G.

Community Development. The proposed project, as conditioned, is consistent with the applicable policies contained in the Community Development section of the Marin County Land Use Plan and the applicable standards contained in Section 20.64.110 (Community Development).

H.

Energy. The proposed project, as conditioned, is consistent with the applicable policies contained in the Energy section of the Marin County Land Use Plan and the applicable standards contained in Section 20.64.120 (Energy).

I.

Housing. The proposed project, as conditioned, is consistent with the applicable policies contained in the Housing section of the Marin County Land Use Plan and the applicable standards contained in Section 20.64.130 (Housing).

J.

Public Facilities and Services. The proposed project, as conditioned, is consistent with the applicable policies contained in the Public Facilities and Services section of the Marin County Land Use Plan and the applicable standards contained in Section 20.64.140 (Public Facilities and Services).

K.

Transportation. The proposed project, as conditioned, is consistent with the applicable policies contained in the Transportation section of the Marin County Land Use Plan and the applicable standards contained in Section 20.64.150 (Transportation).

L.

Historical and Archaeological Resources. The proposed project, as conditioned, is consistent with the applicable policies contained in the Historical and Archaeological Resources section of the Marin County Land Use Plan and the applicable standards contained in Section 20.64.160 (Historical and Archaeological Resources).

M.

Parks, Recreation, and Visitor-Serving Uses. The proposed project, as conditioned, is consistent with the applicable policies contained in the Parks, Recreation, and Visitor-Serving Uses section of the Marin County Land Use Plan and the applicable standards contained in Section 20.64.170 (Parks, Recreation, and Visitor-Serving Uses).

(Ord. No. 3791, § III(Exh. A), 2023)

20.70.080 - Appeal of Coastal Development Permit Decision.

A.

County appeal procedure. Decisions of the County on a Coastal Development Permit, see Section 20.70.060 (Decision on Coastal Development Permit), may be appealed to the Planning Commission and Board as follows:

1.

Decisions made by the Director or Zoning Administrator may be appealed to the Planning Commission, and decisions made by the Planning Commission may be appealed to the Board of Supervisors. However, the Director may refer an appeal directly to the Board of Supervisors.

2.

An appeal may be filed by any person.

3.

All appeals for Coastal Development Permit decisions per 20.70.060 (Decision on Coastal Permit) shall be filed with the Agency, in writing on a County appeal application form, prior to close of the Planning Division's public information counter on the tenth working day after the decision that is the subject of the appeal, and shall specifically state the pertinent facts of the case and the basis for the appeal.

4.

When an appeal is filed, the Director shall prepare a staff report on the matter and schedule the matter for a public hearing by the appropriate appeal authority. At the public hearing, the appeal authority may consider

any issue involving the matter that is the subject of the appeal, in addition to the specific grounds for the appeal.

a.

The appeal authority may affirm, affirm in part, or reverse the decision or determination that is the subject of the appeal, based upon findings of fact about the particular case. The findings shall identify the reasons for the action on the appeal, and verify the compliance or noncompliance of the subject of the appeal with the provisions of the LCP.

b.

When reviewing a decision on a Coastal Development Permit application, the appeal authority may adopt additional conditions of approval that may address other issues or concerns than the basis of the appeal.

c.

The action from which an appeal is taken may be reversed or modified only by the affirmative vote of a majority of the full membership of the Planning Commission (i.e. four affirmative votes). The action or appellate determination from which an appeal is taken may be reversed or modified by the affirmative vote of a majority of the membership of the Board.

B.

Appeals to the Coastal Commission. An action on a Coastal Development Permit, including amendments and extensions, may be appealed to the Coastal Commission by an aggrieved person, including the applicant, or two members of the Coastal Commission, as follows:

1.

Appealable Development. For purposes of appeal to the Coastal Commission, appealable development includes the following:

(a)

Development approved 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 tideline of the sea where there is no beach, whichever is the greater distance;

(b)

Development approved, not included in paragraph (a) above, that is located on tidelands, submerged lands, public trust lands, within 100 feet of any coastal wetland, estuary, or coastal stream, or within 300 feet of the top of the seaward face of any coastal bluff;

(c)

Development approved that is not designated as the Principal Permitted Use (PP) by Tables 5-1, 5-2, or 5-3 in Chapter 20.62 (Coastal Zoning Districts and Allowable Land Uses) (land divisions are a type of development that is not designated as the principally permitted use in any zoning district); and

(d)

Development approved or denied that constitutes a major public works project or a major energy facility.

2.

Filing. Appeals must be filed in the office of the Coastal Commission prior to the close of business on the 10th working day after receipt by the Coastal Commission of the notice of final County action on the Coastal Development Permit that is the subject of the appeal. In the case of an appeal by an applicant or other aggrieved person as defined in Chapter 20.130 (Coastal Zoning Code Definitions), the appellant must exhaust all appeals to the County in compliance with Subsection A above (County Appeal Procedure), unless:

(a)

The County requires an appellant to appeal to more local appellate bodies than have been recognized by the Local Coastal Program as appellate bodies for permits in the coastal zone.

(b)

An appellant was denied the right of the initial local appeal by a local ordinance, which restricts the class of person who may appeal a local decision.

(c)

An appellant was denied the right of local appeal because local notice and hearing procedures for the development did not comply with the provisions of this Chapter.

(d)

The County charges an appeal fee for the filing or processing of appeals.

3.

Appeal by Coastal Commissioners. When two Coastal Commissioners file an appeal of a County action by other than the Board of Supervisors, the Board of Supervisors may elect to consider the appeal before any action by the Coastal Commission. The Board of Supervisors shall notify the Coastal Commission of its decision to consider such an appeal within 12 days of the County's receipt of notice of an appeal by two Coastal Commissioners. County action on an appealable project shall not be deemed final if the Board elects to consider the appeal. Notice and hearing on these appeals by the Board of Supervisors shall comply with Chapter 20.70.080 (Appeal of Coastal Development Permit Decision). After action by the Board of Supervisors (or failure or refusal to act within sixty days of the County's receipt of the appeal), a new notice of final action shall be provided to the Coastal Commission pursuant to Section 20.70.090

(Notice of Final Action), which shall trigger a new Coastal Commission appeal period. If the decision of the Board modifies or reverses the previous County decision, the Commissioners may be required to file a new appeal.

C.

Stay of Approval. The operation and effect of an approved Coastal Development Permit shall be stayed until all applicable appeal periods expire or, if appealed, until all appeals, including any appeals to the Coastal Commission, have been exhausted.

D.

Delivery of Relevant Documents. Upon receipt of a Notice of Appeal from the Coastal Commission, the County shall, within five (5) working days, deliver to the Executive Director of the Coastal Commission all relevant documents used by the local government in its consideration of the Coastal Development Permit application.

(Ord. No. 3791, § III(Exh. A), 2023)

Within seven calendar days of a final County decision on an application for a Coastal Development Permit, the Director shall provide notice of the action by certified mail to the Coastal Commission, and by first class mail to any persons who specifically requested notice and provided a self-addressed stamped envelope or other designated fee covering mailing costs and shall provide additional public notice via the Community Development Agency's webpage. Both mailed and webpage notice shall include conditions of approval, written findings and the procedures for appeal of the County decision to the Coastal Commission. The notice shall be in two parts: (1) a cover sheet or memo summarizing the relevant action information, and (2) materials that further explain and define the action taken, which shall be submitted electronically or by mail. The cover sheet/memo shall be sent to all recipients of the notice, and the cover sheet/memo shall be mailed to the Coastal Commission, with supporting documents sent either via hard copy or electronically (see below).

A.

Cover Sheet/Memo. The cover sheet/memo shall be dated and shall clearly identify the following information:

1.

All project applicants and project representatives and their address and other contact information.

2.

Project description and location.

3.

County decision-making body, County decision, and date of decision.

4.

All local appeal periods and disposition of any local appeals filed.

Whether the County decision is appealable to the Coastal Commission, the reason why the development is or is not appealable to the Coastal Commission, and procedures for appeal to the Coastal Commission.

6.

A list of all supporting materials provided to the Coastal Commission as part of the final local action notice (see subsection B below).

7.

All recipients of the notice.

B.

Supporting Materials. The supporting materials shall include the following information:

1.

Final adopted findings and final adopted conditions.

2.

Final staff report.

3.

Approved project plans.

4.

All other substantive documents cited and/or relied upon in the decision including any environmental review documents prepared in accordance with the California Environmental Quality Act, technical reports (geologic reports, biological reports, etc.), correspondence, etc.

A 10 working day appeal period to the Commission shall commence the day following receipt by the Commission of a valid Notice of Final Local Action that meets all requirements of this Chapter.

(Ord. No. 3791, § III(Exh. A), 2023)

A.

Notification by applicant. If the County has failed to act on an application within the time limits set forth in Government Code Sections 65950 et seq. any person claiming a right to proceed in compliance with Government Code Section 65950 et seq. (i.e., the Applicant), shall notify the County and the Coastal

Commission in writing of the claim that the development has been approved by operation of law. The notice shall specify the application, which is claimed to be approved. Even if deemed approved in compliance with Government Code Section 65950, the development must still comply with all applicable standards of the LCP and this Coastal Zoning Code.

B.

Notification by County. Upon a determination that the time limits established in compliance with Government Code Section 65950 et. seq. have expired, and the notice required by Government Code Section 65950 et seq. has been provided by the Applicant, the Director shall, within five days of the determination, notify persons entitled to receive notice in compliance with Section 20.70.050 (Public Notice) that it has taken final action by operation of law in compliance with Government Code Section 65956. The Coastal Commission appeal period for development approved by operation of law shall begin only upon receipt of the County's final action notice (which notice shall comply with all requirements of Section 20.70.090 (Notice of Final Action) in the office of the Coastal Commission.

(Ord. No. 3791, § III(Exh. A), 2023)

20.70.110 - Effective Date of Final Action.

A final decision by the applicable review authority on an application for an appealable development shall become effective after the 10 working day appeal period to the Coastal Commission has expired unless either of the following occur:

A.

An appeal is filed in compliance with Section 20.70.080 (Appeal of Coastal Development Permit Decision).

B.

The notice of final Coastal Development Permit approval does not meet the requirements of Section 20.70.090 (Notice of Final Action) or Section 20.70.100 (Notice of Failure to Act).

Where any of the above circumstances occur, the Coastal Commission shall, within five days of receiving notice of that circumstance, notify the County and the applicant that the effective date of the County action has been suspended.

(Ord. No. 3791, § III(Exh. A), 2023)

20.70.120 - Expiration Date and Time Extensions.

A.

Time limits, vesting, extensions. Coastal Development Permit time limits, vesting requirements, and extension provisions shall comply with the following:

1.

Time limits, vesting. Coastal Development Permits not vested within three years of the date of approval shall expire and become void. The permit shall not be deemed vested until the permit holder has actually obtained a Building Permit or other construction permit and has substantially completed improvements in accordance with the approved permits, or has actually commenced the allowed use on the subject property, in compliance with the conditions of approval, or has recorded a Parcel or Final Map.

Extensions of time. Upon request by the applicant, the Director may extend the time for an approved permit to be vested.

a.

Filing. The applicant shall file a written request for an extension of time with the Agency, at least ten days prior to the expiration of the permit, together with the filing fee required by the County Fee Ordinance.

b.

Review of extension request. The Director shall determine whether the permit holder has attempted to comply with the conditions of the permit. The burden of proof is on the permittee to establish, with substantial evidence, that the permit should not expire. The Director may instead refer the extension request to the Planning Commission for review.

3.

Action on extension.

a.

If the Director (or the Planning Commission if the request is referred) determines that the applicant has proceeded in good faith and has exercised due diligence in complying with the conditions in a timely manner, the Director (or Planning Commission) may extend the permit for a maximum period of three years following the original expiration date. If the approval was granted concurrently with a Tentative Map, the maximum amount of time extensions would be determined by Section 22.84.140 (Extensions of Time for Tentative Maps).

4.

Hearing on extension. If the Director finds that significant policy questions are at issue, including changed circumstances that may affect the consistency of the development with the policies of the LCP, the Director may refer the application to the Planning Commission for a public hearing in compliance with Section 20.70.060 (Decision on Coastal Development Permit) and noticing requirements of Section 20.70.050 (Public Notice).

5.

Coordination of expiration date among multiple permits. If a Building Permit, or other permit or entitlement, is issued during the time the Coastal Development Permit remains in effect, the expiration date of the Building Permit or other permit or entitlement shall be automatically extended to coincide with the expiration date of the Coastal Development Permit.

B.

Findings. In addition to the requirements of Section 20.70.120.A of this Chapter, Coastal Development Permit extensions may be granted by the Director upon a finding that the project continues to be in conformance with the requirements and objectives of the Marin County Local Coastal Program and Coastal Act as applicable.

C.

Appeal. Coastal Development Permit extensions must be noticed in conformance with Section 20.70.090 (Notice of Final Action) and may be appealed in compliance with Section 20.70.080 (Appeal of Coastal Development Permit Decision).

(Ord. No. 3791, § III(Exh. A), 2023)

A Coastal Development Permit may be amended in the same manner required for initial approval. Amendment requests shall be subject to the appeal provisions of Section 20.70.080 (Appeal of Coastal Development Permit Decision).

(Ord. No. 3791, § III(Exh. A), 2023)

In the event of an emergency, the Director may issue an Emergency Coastal Development Permit to authorize emergency work in compliance with this Section, Section 30624 of the Coastal Act and Section 13329 of Title 14 of the California Code of Regulations. The Director shall not issue an Emergency Coastal Development Permit for any work to be conducted on any tidelands, submerged lands, on public trust lands, whether filled or unfilled, or any other area within the Coastal Commission's retained Coastal Development Permit jurisdiction; requests for emergency work in these areas shall be referred to the Coastal Commission. The emergency approval shall conform to the objectives of this chapter and the Local Coastal Program. The emergency permit process is intended to allow for emergency situations to be abated through use of the minimum measures necessary to address the emergency in the least environmentally damaging, short- and long-term manner. The Director may request, at the applicant's expense, verification by a qualified professional of the nature of the emergency and the range of potential solutions to the emergency situation, including the ways such solutions meet these criteria.

A.

Application. An application for an Emergency Coastal Development Permit shall be filed with the Director in writing if time allows, or in person or by telephone if time does not allow.

B.

Required information. The applicant shall report to the Director the following information, either during or as soon after the emergency as possible (and in all cases before the Emergency Coastal Development Permit expires):

1.

The nature and location of the emergency;

2.

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

3.

The remedial, protective, or preventive work required to deal with the emergency; and

4.

The circumstances during the emergency that appeared to justify the course(s) of action taken, including the probable consequences of failing to take action.

5.

An application for an emergency shoreline protective device shall be accompanied by an engineering report. If the applicant is unable to provide all such information due to the nature of the emergency, then the applicant shall provide at a minimum: (a) a description of what measures, if any, were taken in advance in order to mitigate the hazard and (b) an analysis of alternatives, including the "no action" alternative.

6.

All required technical reports and project plans.

The Director shall verify the facts, including the existence and nature of the emergency, as time allows.

C.

Notice. The Director shall provide public notice of the proposed emergency work and determine the extent and type of notice based on the nature of the emergency. The Director shall notify the Executive Director of the Coastal Commission as soon as possible about potential emergency Coastal Development Permits, and shall report, in writing, to the Executive Director after the emergency Coastal Development Permit has been issued, the nature of the emergency, and the work involved.

D.

Emergency permit approval. The Director may grant an emergency permit upon reasonable terms and conditions, including an expiration date and the necessity for a Coastal Development Permit application later, if the Director finds that:

1.

An emergency (defined as a sudden unexpected occurrence demanding immediate action to prevent or mitigate loss or damage to life, health, property or essential services) exists that requires action more quickly than permitted by the procedures of this Title for a Coastal Development Permit, and the work can and will be completed within 30 days unless otherwise specified by the emergency permit;

2.

Public comment on the proposed emergency action has been reviewed, if time allows; and

3.

The proposed work is consistent with applicable Marin County Local Coastal Program policies.

The proposed work is the minimum amount of temporary development necessary to abate the emergency in the least environmentally damaging short- and long-term manner.

The decision to issue an Emergency Coastal Development Permit is at the sole discretion of the Director, provided that subsequent Coastal Development Permits required for the project shall comply with all applicable provisions of this Coastal Zoning Code.

E.

Coastal Development Permit required. All emergency Coastal Development Permits shall expire ninety (90) days after issuance, unless extended for good cause by the Planning Director, such extension is limited as much as possible in duration, and such extension is subject to challenge provisions per Section 20.70.040 (Challenges to Processing Category Determination). All emergency development pursuant to this section is considered temporary and must be removed and the affected area restored if it is not recognized by a regular Coastal Development Permit within 6 (six) months of the date of permit issuance, unless the Director authorizes an extension of time for good cause. Within 30 days of issuance of the Emergency Coastal Development Permit, the applicant shall apply for a regular Coastal Development Permit. Failure to file the applications and obtain the required permits shall result in enforcement action in compliance with Chapter 20.70.175 (Violations of Coastal Zone Regulations and Enforcement of LCP Provisions and Penalties).

(Ord. No. 3791, § III(Exh. A), 2023)

20.70.150 - Coastal Zone Variances.

A.

This Section provides procedures for the adjustment from the development standards of this Coastal Zoning Code only when, because of special circumstances applicable to the property, including location, shape, size, surroundings, or topography, the strict application of this Title denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts. Any Variance granted shall be subject to conditions that will ensure that the Variance does not constitute a granting of special privilege(s) inconsistent with the limitations upon other properties in the vicinity and zoning district in which the property is situated.

Title denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts. Any Variance granted shall be subject to conditions that will ensure that the Variance does not constitute a granting of special privilege(s) inconsistent with the limitations upon other properties in the vicinity and zoning district in which the property is situated.

Variances provide relief from standards relating to height, floor area ratio, and yard setbacks. Variances shall not be granted for relief from use limitations or minimum lot size and density requirements, or any other LCP requirements.

1.

Filing. An application for a Variance shall be submitted, filed, and processed in compliance with and in the manner described in Chapter 20.70.030 (Coastal Development Permit Filing, Initial Processing). It is the responsibility of the applicant to establish evidence in support of the findings required by Section 20.70.070 (Required Findings).

2.

Project review procedure. Each application shall be analyzed by the Agency to ensure that the application is consistent with the purpose and intent of this Section.

3.

Action on Variances. Decisions on Variances shall be issued by the Director or the same review authority that issues the decision on the Coastal Development Permit for the project.

4.

Notice of action and/or hearing date. Administrative decisions and public hearings on a proposed Variance application shall be noticed in compliance with Section 20.70.050 (Public Notice).

B.

Decision and Findings on Variance. Following notice for an administrative Variance, or a public hearing for a Public Hearing Variance, the Review Authority shall issue a notice of decision in writing with the findings upon which the decision is based, in compliance with state law (Government Code Section 65906). The Review Authority may approve an application, with or without conditions, only if all of the following findings are made:

1.

There are special circumstances unique to the property (e.g., location, shape, size, surroundings, or topography), so that the strict application of this Coastal Zoning Code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts.

2.

Granting the Variance may only provide relief from standards relating to height, floor area ratio, and yard setbacks, and does not grant relief from the use limitations, minimum lot size, density requirements, or any other LCP requirements, governing the subject development.

3.

Granting the Variance does not result in special privileges inconsistent with the limitations upon other properties in the vicinity and zoning district in which the real property is located.

4.

Granting the Variance will not be detrimental to the public interest, health, safety, convenience, or welfare of the County, or injurious to the property or improvements in the vicinity and zoning district in which the real property is located.

(Ord. No. 3791, § III(Exh. A), 2023)

A.

Application. This section shall apply to: (1) any existing and lawfully established and authorized use of land; or (2) any existing and lawfully established and authorized structures, that do not conform to the policies and development standards of the certified LCP. Development that occurred after the effective date of the Coastal Act or its predecessor, the Coastal Zone Conservation Act, if applicable, that was not authorized in a Coastal Development Permit or otherwise authorized under the Coastal Act, is not lawfully established or lawfully authorized development, is not subject to the provisions of Section 20.70.160 (Nonconforming Uses and Structures), but is subject to the provisions of Section 20.70.030 (Coastal Development Permit Filing, Initial Processing).

B.

Burden to Establish Legal Status on Owner. Nonconforming uses and structures may be continued only in conformity with the provisions of this Section. The owner of property on which a nonconforming use or structure is claimed shall have the burden of proof in establishing to the satisfaction of the Director the legal nonconforming status claimed. The Director may charge a fee, as established in the County Fee Schedule, for the review of evidence submitted to meet the owner's burden of proof.

C.

Nonconforming Uses. A nonconforming use means a use of a structure or land that was legally established and maintained prior to the adoption, revision, or amendment of the Coastal Act and its predecessor statute (see Section A above) and certified LCP, but does not conform to the certified LCP use and/or density standards. A nonconforming use is not a nonconforming structure. Nonconforming uses shall not be expanded nor intensified. For non-residential uses, intensification shall include, but not be limited to, any change or expansion which is determined by the Director likely to result in a significant new or increased impact due to potential traffic generation, noise, smoke, glare, odors, hazardous materials, water use, and/or sewage generation. If any nonconforming use is abandoned for a continuous period of 12 months or longer, the use shall relinquish its legal nonconforming status and any subsequent use of such land shall be in conformity with the regulations specified by the LCP.

D.

Nonconforming Structures. A nonconforming structure means a structure that was lawfully erected prior to the adoption, revision, or amendment of the Coastal act and its predecessor statute (see Section A above) and the certified LCP, but that does not conform with standards of the LCP, including for lot coverage, setbacks, height, distance between structures, or floor area ratio prescribed in the certified LCP. Nonconforming structures may be repaired and maintained as defined in Chapter 20.130 (Coastal Zoning Code Definitions). However, replacement of 50 percent or more of the nonconforming structure is not repair and maintenance but instead constitutes a replacement structure that must be brought into conformance with the policies and standards of the LCP. The 50 percent calculation shall be cumulative, so that any repair and maintenance of a structure after the effective date of this ordinance shall be counted towards the total calculation figure. For blufftop and shoreline structures, see Subsection F, below.

E.

Additions and Improvements. Improvements which enlarge and/or expand a legal nonconforming structure, including additions, may be authorized, provided that the additions and/or improvements themselves comply with the current policies and standards of the LCP. However, improvements involving demolition and/or replacement of 50 percent or more of the existing structure, are not permitted unless the entire structure is brought into conformance with all applicable LCP policies. The 50 percent calculation shall be cumulative over time from the date of certification of this ordinance. For blufftop and shoreline structures, see Subsection F, below.

F.

Blufftop and Shoreline Development. For legal nonconforming structures located on a blufftop or along the shoreline, including such structures that are nonconforming with respect to required blufftop and shoreline setbacks, such structures may be repaired, and maintained as defined in Chapter 20.130 (Coastal Zoning Code Definitions). However, replacement of 50 percent or more of the nonconforming structure is not repair and maintenance but instead constitutes a replacement structure that must be brought into conformance with the policies and standards of the LCP.

G.

Natural Disasters. If a nonconforming use or structure is destroyed by natural disaster, replacement shall be subject to provisions of 20.68.050.C (Coastal Development Permit Not Required: Exempt Development).

(Ord. No. 3791, § III(Exh. A), 2023)

20.70.175. - Violations of Coastal Zone Regulations and Enforcement of LCP Provisions and Penalties

A.

Any person who performs or undertakes development in violation of the LCP or inconsistent with any Coastal Development Permit previously issued may, in addition to any other penalties, be civilly liable in accordance with the provisions of Public Resources Code section 30820.

B.

In addition to all other available remedies, the County may seek to enforce the provisions of the LCP and the Coastal Act pursuant to the provisions of Public Resources Code section 30800-30822.

C.

Development may only be undertaken on a legal lot.

D.

No Coastal Development Permit application (including all Coastal Development Permits, Coastal Development Permit Exclusions and Exemptions, and De Minimis Waivers) shall be approved unless all unpermitted development on the property that is functionally related to the proposed development is proposed to be removed or retained consistent with the requirements of the certified LCP.

(Ord. No. 3791, § III(Exh. A), 2023)

If the application of the policies, standards or provisions of the Local Coastal Program to proposed development would potentially constitute a taking of private property, then a development that is not consistent with the LCP may be allowed on the property to avoid a taking, provided such development is as consistent as possible with all applicable policies and is the minimum amount of development necessary to avoid a taking as determined through a takings evaluation, including an evaluation of the materials required to be provided by the applicant as set forth below. The applicant shall supplement their application materials to provide the required information and analysis as specified below.

A.

Filing. The evaluation shall, at a minimum, include the entirety of all parcels that are geographically contiguous and held by the applicant in common ownership at the time of the application. All other nearby property owned by the Applicant may also be considered. Before any decision on a Coastal Development Permit, the applicant shall provide the following information, unless the Director determines that one or more of the particular categories of information is not relevant to the analysis:

1.

The date the applicant purchased or otherwise acquired the properties, and from whom.

2.

The purchase price paid by the applicant for the properties.

3.

The fair market value of the properties at the time the applicant acquired them, describing the basis upon which the fair market value is derived, including any appraisals done at the time.

4.

The general plan, zoning or similar land use designations applicable to the properties at the time the applicant acquired them, as well as any changes to these designations that occurred after acquisition.

5.

Any development restrictions or other restrictions on use, other than government regulatory restrictions described in subsection (4) above, that applied to the properties at the time the applicant acquired it them, or which have been imposed after acquisition.

6.

Any change in the size of the properties since the time the applicant acquired them, including a discussion of the nature of the change, the circumstances and the relevant dates.

7.

A discussion of whether the applicant has sold or leased a portion of, or interest in, the properties since the time of purchase, indicating the relevant dates, sales prices, rents, and nature of the portion or interests in the properties that were sold or leased.

8.

Any title reports, litigation guarantees or similar documents in connection with all or a portion of the properties of which the applicant is aware.

9.

Any offers to buy all or a portion of the properties which the applicant solicited or received, including the approximate date of the offers and offered price.

10.

The applicant's costs associated with the ownership of the properties, annualized for each of the last five (5) calendar years, including property taxes, property assessments, debt service costs (such as mortgage and interest costs), and operation and management costs.

11.

Apart from any rents received from the leasing of all or a portion of the properties, any income generated by the use of all or a portion of the properties over the last five (5) calendar years. If there is any such income to report it should be listed on an annualized basis along with a description of the uses that generate or has generated such income.

12.

Any additional information that the County requires to make the determination.

B.

Evaluation. To evaluate whether application of the LCP would potentially result in a taking, an applicant shall provide information about coastal resources present on the properties and/or affected by the application sufficient to determine whether all of the properties, or which specific area of the properties, is subject to the restriction on development, so that the scope and nature of development that could be allowed on any portions of the properties that are not subject to the restriction can be determined.

Based upon this analysis, the least environmentally damaging feasible alternative shall be identified. Impacts to coastal resources that cannot be avoided through the implementation of siting and design alternatives shall be mitigated to the maximum extent feasible, with priority given to on-site mitigation. Offsite mitigation measures shall only be approved when it is not feasible to mitigate impacts on-site. Mitigation shall not substitute for implementation of the feasible project alternative that would avoid LCP inconsistencies, including adverse coastal resource impacts.

C.

Supplemental Findings for Approval of Coastal Development Permit. A Coastal Development Permit that allows a deviation from a policy or standard of the LCP to avoid a taking may be approved or conditionally approved only if the appropriate governing body, either the Planning Commission or Board of Supervisors, makes the following supplemental findings in addition to the findings required in Section 20.70.070 (Required Findings):

1.

Based on the information provided by the applicant, as well as any other relevant evidence, there is no potential development consistent with the LCP policies, standards and provisions that would avoid a taking of the applicant's property.

2.

The use proposed by the applicant is consistent with the applicable zoning.

3.

The use and project design, siting, and size are the minimum necessary to avoid a taking.

4.

The project is the least environmentally damaging alternative and is consistent with all provisions of the certified LCP other than the provisions for which the exception(s) is (are) necessary to avoid a taking.

5.

The development will not result in a public nuisance. If it would be a public nuisance, the development shall be denied.

(Ord. No. 3791, § III(Exh. A), 2023)

This section shall provide standards for the issuance of Coastal Development Permits for land divisions. Land division is a type of development, defined to include subdivisions (through parcel map, tract map, grant deed), lot line adjustments, and certificates of compliance.

A.

Certificates of Compliance. A conditional certificate of compliance issued pursuant to Government Code section 66499.35 shall include a condition that requires any necessary Coastal Development Permit.

B.

Criteria for Land Divisions:

1.

Land divisions shall be designed to minimize impacts on coastal resources. A land division shall not be approved if it creates a parcel that would not contain an identified building site that can be developed

consistent with all policies of the certified LCP.

2.

Land divisions outside existing developed areas shall be permitted only in areas with adequate public services, and where they will not have a significant adverse effect, either individually or cumulatively, on coastal resources. In addition, land divisions outside village limit boundaries shall only be permitted where 50 percent of the usable parcels in the area have been developed and the created parcels would be no smaller than the average size of surrounding legal parcels, except that lease of a legal parcel at a level of agricultural use that will sustain the agricultural capacity of the site is not prohibited, and lot line adjustments that do not increase potential development intensity are allowed.

3.

Land divisions shall be designed to cluster development in order to minimize site disturbance, landform alteration, and fuel modification.

4.

Land divisions are development that is not designated as the principally permitted use in any zoning district.

C.

Criteria for Lot Line Adjustments. Lot line adjustments are limited to four or fewer parcels. A Coastal Development Permit for a lot line adjustment shall not be approved or conditionally approved unless the existing parcels are legal and the new parcels resulting from the lot line adjustment will conform to the Local Coastal Program. In addition to all applicable LCP standards, a lot line adjustment shall only be approved with a finding that the resulting parcels protect coastal resources in a manner equal to or better than their existing configuration.

(Ord. No. 3791, § III(Exh. A), 2023)

Chapter 20.130 - COASTAL ZONING CODE DEFINITIONS