Mendocino County Municipal Code Ch. 20.720 Coastal Development Permit Regulations

The purpose of this Chapter is to establish the procedures and requirements for obtaining a Coastal Development Permit to implement the Mendocino Town Plan segment of the Coastal Element of the General Plan in accordance with the California Coastal Act of 1976, as amended (Division 20 of the Public Resources Code).

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Any person, partnership, corporation, state or local agency, or special district proposing to undertake any development as defined in Section 20.608.023(C) or proposing to obtain a use permit shall obtain a coastal development permit in accordance with the provisions of this Chapter, in addition to any other permit or discretionary approval required by law or ordinance; provided, that Coastal Commission Categorical Exclusion Order No. E-96-1 (reproduced in Town Plan Appendix 4) excludes specified development in the Town Historic Zone A and Zone B from the coastal development permit requirement, subject to the terms and conditions of the Categorical Exclusion Order, including but not limited to ensuring that the development under this exclusion shall conform with all LCP policies. If a coastal development permit is required pursuant to this section, no building permit, water well permit, groundwater extraction permit, septic permit, business license, grading permit, transient occupancy registration certificate, encroachment permit, occupancy permit or other entitlement for use shall be issued prior to the issuance of a coastal development permit.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Permits required by this Chapter must be secured prior to any development in the Town of Mendocino.

(A) Coastal Development Administrative Permit. The purpose of Coastal Development Administrative Permits is to provide for the administrative issuance of coastal development permits. The coastal permit administrator may process as an administrative permit any coastal development permit application for the types of projects specified below, and emergency projects specified in Section 20.720.090. Actions by an approving authority on an application for a coastal development permit which are appealable to the Coastal Commission pursuant to the Coastal Act (Public Resources Code Section 30603(a)), including, but not limited to, any subdivision or other division of land, shall not be processed as an administrative permit.

(1) Any single family residence that is a principal permitted use within the zoning district in which the development site is located;

(2) Any other development specifically authorized as a principal permitted use within the zoning district in which the development site is located.

(3) Improvements to an existing structure that has all required approvals from the Mendocino Historical Review Board.

(4) Any other developments not in excess of one hundred thousand dollars ($100,000.00), other than any division of land.

(5) Any other development that is not appealable to the Coastal Commission if the Coastal Permit Administrator determines (a) that it involves no potential for any significant adverse effects, either individually or cumulatively, on coastal resources or public access to and along the shoreline, and (b) that the development will be consistent with the certified Mendocino Town Local Coastal Program. The determination by the Coastal Permit Administrator shall be made in writing and based upon factual evidence.

(B) Coastal Development Use Permit. A use permit must be secured, pursuant to the requirements of these regulations, prior to the initiation, amendment, or expansion of a use or development that is permitted only as a conditional use in the Zoning District in which it is located.

(C) Coastal Development Variance. Variances are discretionary adjustments in the regulations contained in this Division. Variances may only be granted to allow deviations from standards governing setbacks, building heights, floor area ratio, and lot width. Variances shall not be granted to allow deviations from use limitations, minimum lot sizes, and density requirements or any other Mendocino Town LCP requirements.

(D) Coastal Development Standard Permit. A coastal development standard permit must be secured for any other development as defined in Section 20.608.023(B), including, but not limited to, land divisions, lot line adjustments, and any other entitlement for use, unless specifically exempted by any of the provisions of Section 20.720.020.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

(A) The following developments shall be exempt from this Chapter, but shall be subject to Chapter 20.760:

(1) Repair and maintenance activities which do not result in an addition to, or enlargement or expansion of, the object of such activities, except as otherwise specified in Title 14, California Code of Regulations Section 13252 and any amendments thereafter adopted;

(2) Activities of public utilities that are exempted pursuant to the Repair, Maintenance and Utility Hookup Exclusion adopted by the Coastal Commission on September 5, 1978, as limited by Title 14 California Code of Regulations Section 13252(a) and any amendments thereafter adopted;

(3) Improvements to single family residences, except as otherwise specified in Title 14, California Code of Regulations Section 13250 and any amendments thereafter;

(4) Improvements to any structure other than a single family residence or a public works facility, except as otherwise specified in Title 14, California Code of Regulations Section 13253 and any amendments thereafter.

(5) The replacement of any structure, other than a public works facility, destroyed by a disaster. The replacement structure shall conform with Section 20.716.020, shall be for the same use as the destroyed structure, shall not exceed the floor area, height, or bulk of the destroyed structure by more than ten (10) percent, and shall be sited in the same location on the affected real property as the destroyed structure.

As used in this section, "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 section, "bulk" means total interior cubic volume as measured from the exterior surface of the structure.

As used in this section, "structure" includes landscaping and any erosion control structure or device which is similar to that which existed prior to the occurrence of the disaster.

(6) Categorical Exclusion Order E-96-1 excludes specified development in various areas within the Town, including Historical Zones A and B, from the requirement for a coastal development permit, subject to terms and conditions, including, but not limited to, a condition requiring that the excluded development shall conform with all LCP policies.

(B) Noticing. Within five (5) working days of local determination that a development is categorically excluded or otherwise exempt from coastal development permit requirements pursuant to Section 20.720.020 (A), the County shall send written notification by first class mail to the Coastal Commission and any person who has requested such notice of the determination of the specific development exempted from coastal development permit requirements. The notice shall contain the following information:

(1) The developer's name;

(2) Street address and parcel number of the subject property;

(3) The case file number assigned to the application;

(4) A description of the development, including an attached site plan and maps documenting the location of any wetlands or watercourses within one hundred (100) feet of the development;

(5) The date of application for other permits; and

(6) All terms and conditions of approval imposed by the local government in granting other permits.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Applicants for development in the Town are encouraged to confer with Planning and Building Department staff about their proposed projects, and the applicable requirements to them, prior to submitting an application for development to the County.

Each application for a coastal development permit, administrative use permit, variance, or standard permit shall be submitted to the Department of Planning and Building Services on forms provided by the department and completed by the applicant, accompanied by payment of a fee, the amount of which is set by resolution of the Board of Supervisors. When more than one (1) development is proposed on a lot, the applications shall be processed concurrently, where possible, as one (1) application. The application shall include the following information:

(A) A description of the proposed development, including maps, plans, and other relevant data of the project site and vicinity in sufficient detail to determine whether the project complies with the requirements of these regulations and the certified Town Plan. Sufficient information concerning the existing use of land and water on, or in the vicinity of, the site of the proposed project, insofar as the applicant can reasonably ascertain for the area surrounding the project site, should also be provided.

(B) Proof of the applicant's legal interest in all the real property upon which work is to be performed. Proof can be in the form of a current tax statement, title report, lease agreement, or other documents showing legal interest to apply for permit and comply with all conditions of approval.

(C) A dated signature of the property owner, or owners, authorizing the processing of the application, and, if so desired by the property owner, authorizing a representative to bind the property owner in matters concerning the application. Where the applicant for a coastal development permit is not the owner of a fee interest in the property on which a proposed development is to be located, but can demonstrate a legal right, interest, or other entitlement to use the property for the proposed development, the holder or owner of any superior interest in the property shall not be required to join the applicant as co-applicant. All holders or owners of any other interest of record in the affected real property shall be disclosed to the County on the application, notified in writing of the permit application by the applicant, and invited to join as co-applicant. In addition, prior to the issuance of a coastal development permit, the applicant shall demonstrate to the County the applicant's authority to comply with all conditions of approval.

(D) Verification that the proposed development has met or is exempt from the requirements of Chapter 20.760 (Mendocino Historical Preservation District).

(E) Verification that the proposed development has been granted a sewer connection from the Mendocino City Community Services District.

(F) Verification that the proposed development has met or is exempt from the requirements of Chapter 20.744.

(G) Stamped envelopes addressed to each owner of property situated within three hundred (300) feet of the property lines of the project site (excluding roads, streets, or alleys), along with an Assessor's parcel map and a list containing the names of the property owners, addresses and Assessor's parcel numbers of same. Where the applicant is the owner of all properties within three hundred (300) feet of the project site, stamped envelopes shall be provided and addressed to owners of property situated within three hundred (300) feet of the applicant's contiguous ownership.

(H) Stamped envelopes addressed to each occupant of property situated within three hundred (300) feet of the property lines of the project site (excluding roads, streets, or alleys), along with an Assessor's parcel map and a list containing the names, addresses and Assessor's parcel numbers of same. Where the applicant is the owner of all properties within three hundred (300) feet of the project site, stamped envelopes shall be provided and addressed to each occupant of property situated within three hundred (300) feet of the applicant's contiguous ownership.

(I) Stamped, addressed envelopes and a list of names and addresses of all other parties known to the applicant to have an interest in the proposed development.

(J) Such additional information that the Planning and Building Services Director may determine is necessary to determine whether the development is consistent with the certified Town Plan and this Division.

(K) A written statement by the applicant that the project has been posted with a public notice on a form provided by the Planning and Building Services Department and in a manner prescribed by the Director.

(L) A statement that processing of applications which do not contain truthful and accurate information necessary to review the application may be delayed or may result in denial or revocation of the permit if untruthful or inaccurate information in the application is discovered after approval or issuance of the permit.

(M) Other governmental approvals as required and obtained.

(N) All supplemental application information required by Sections 20.692.925 and 20.688.015.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Upon receipt of an application for a coastal development permit, the application shall be processed as follows:

(A) Application Check. The Planning and Building Services Department shall review all applications for completeness and accuracy before the applications are accepted and officially filed as complete.

The County criteria for determining that application for a coastal development permit or any other approval or entitlement for work or an activity in the Town is complete consist of the following:

(1) Complete and accurate information satisfying all of the requirements of Section 20.720.025(2);

(2) A fully and accurately completed application form, including any required plans, drawings, calculations, and other required materials as specified in application form information, for the proposed development, work, or activity;

(3) Evidence of legal interest in the lot (parcel) on which the development, work, or activity is proposed;

(4) Any technical studies, peer reviews, or evidence of other required development approvals necessary to identify consistency of the proposed development, work, or activity with the applicable standards of project review pursuant to the certified Mendocino Town Local Coastal Program, Mendocino Historical Preservation District Ordinance, or Mendocino Historical Review Board Guidelines, as applicable;

(5) Information sufficient to facilitate County staff preparation of an environmental assessment of the proposed development, work, or activity pursuant to the California Environmental Quality Act and the CEQA Guidelines;

(6) Identification of any authorized project agent; and

(7) Payment of all fees to the County at the point of application for the development, work, or activity.

Each application shall be stamped by the Department with the date on which it is:

(1) Received, and

(2) Officially filed.

The determination of whether a development is exempt or appealable for purposes of notice, hearing, and appeals shall be made at the time the application for development is submitted and deemed complete. This determination shall be made with reference to the certified Mendocino Town Local Coastal Program, including maps, categorical exclusions, land use designations, and zoning ordinances adopted as a part of the certified Local Coastal Program. Where an applicant, interested person, or the County has a question as to the appropriate determination the following procedures shall be followed:

(1) The County shall make its determination as to what type of development is being proposed (i.e., exempt, categorically excluded, appealable, non-appealable) and shall inform the applicant of the notice and hearing requirements for that particular development. The local determination may be made by the designated approving authority;

(2) If the determination of the County is challenged by the applicant or an interested person, or if the county wishes to have a Coastal Commission determination as to the appropriate designation, the county shall notify the Commission by telephone of the dispute/question and shall request an Executive Director's opinion;

(3) The Executive Director shall within two (2) working days of the request (or upon completion of a site inspection where such an inspection is warranted) transmit a determination as to whether the development is exempt, categorically excluded, non-appealable or appealable;

(4) Where, after the Executive Director's investigation, the Executive Director's determination is not in accordance with the County determination, the Coastal Commission shall hold a noticed public hearing, for the purpose of determining the applicable designation, at the next Commission meeting in the appropriate geographic region following the county's request.

The application shall be deemed complete and accepted unless the Department finds that the application is not complete and notifies the applicant of such finding by mail within thirty (30) calendar days after receipt of the application. If the application is determined to be incomplete, the Department shall specify those parts of the application which are incomplete and shall indicate the manner in which they can be made complete.

During Application Check, the Department shall determine the type of permit for which the application has been made and shall refer copies of the application to any County Department, state or federal agency, or other individual or group that the department believes may have relevant authority or expertise. Along with the referral, the Department shall include notification that, if the Department does not receive a response within fifteen (15) calendar days, the Department will assume that no recommendations or comments are forthcoming.

During Application Check, the Department shall also refer copies of the application to the designated contact or tribal representative of traditionally and culturally affiliated California Native American tribes that requested, in writing, to be notified of proposed projects. The referral shall include a brief description of the proposed project and its location, the Department's contact information, and a notification that the California Native American tribe has thirty (30) days to request a consultation. California Native American Tribal consultation shall include significance of the resource, alternatives to the project, and recommended mitigation measures. Environmental issues and possible mitigation measures identified during the consultation will be evaluated as part of the scope of environmental review.

Where the Department has determined that an application is incomplete, and where the applicant contends that the information requested by the Department to complete the application is not required pursuant this division or under policies adopted by resolution of the Board of Supervisors to administer this Division, the applicant may file an Administrative Appeal pursuant to Chapter 20.728. The appeal shall be made in writing to the Department, accompanied by payment of a fee set by resolution of the Board of Supervisors, and evidence supporting the applicant's contention that the application is complete.

If the application is not completed by the applicant within one (1) year after original receipt by the County of the application, it will be deemed to be withdrawn. A new application may be made, subject to the payment of fees in accordance with Section 20.720.025 of this Chapter.

If the application is not completed by the applicant within one (1) year after original receipt by the County of the application, it will be deemed to be withdrawn. A new application may be made, subject to the payment of fees in accordance with Section 20.720.025 of this Chapter.

(B) Project Review—CEQA. Upon acceptance of an application as complete, the Director or his designee shall complete an environmental review of the project as required by the California Environmental Quality Act (CEQA), and shall study the project for conformance with all applicable requirements of this Division. The Director shall refer relevant portions of the completed application to those departments, agencies, or individuals who received copies of the application during application check, or any other individual/group that the department considers may have relevant authority or expertise. The Director or designee shall prepare a written report and recommendation for action on the application with findings, evidence, and analysis that bridges the evidence and the applicable standards of review.

(C) Authority to Act on Coastal Development Permit. Upon completion of project review and evaluation, and noticed public hearing, action to approve, conditionally approve, or deny a coastal development permit shall be taken by:

(1) The Coastal Permit/Zoning Administrator in the case of principal permitted uses, minor use permits, and administrative permits, and

(2) By the Planning Commission in the case of conditional use permits, major use permits, variances, subdivisions and any other divisions of land.

(3) When a coastal development standard permit is required, action to approve, conditionally approve, or deny a standard development permit shall be taken by the Director or his designee.

(D) Actions. The approving authority may take any one (1) or a combination of the following different actions for each application for a permit:

(1) Make such findings or determination as is required by this Division and approve the application; or

(2) Make such findings or determination as are required by this Division, including performance of, or compliance with, changes, modifications, or conditions necessary to assure conformity with this Division and required for approval of the application; or

(3) Make such findings or determination as is required by this Division and deny the application if:

(a) The coastal development permit cannot be conditioned by adequate requirements to insure compliance with this Division; or

(b) The proposed development cannot be modified to conform with this Division; or

(c) The proposed development does not conform with the certified Mendocino Town Local Coastal Program and, as applicable, the public access and recreation policies of Chapter 3 of the Coastal Act (Public Resources Code Sections 30210-20224).

(4) No coastal development permit may be denied under this Division on the grounds that a public agency is planning or contemplating to acquire the property on, or property adjacent to the property on, which the proposed development is to be located, unless the public agency has been specifically authorized to acquire such property and there are funds available, or funds which could reasonably be expected to be made available within one (1) year, for such acquisition. If a permit has been denied for such reason and the property has not been acquired by a public agency within a reasonable period of time, a permit may not be denied for such development on grounds that such property, or adjacent property, is to be acquired by a public agency when the application for such a development is resubmitted.

(5) An applicant may withdraw any coastal development permit application prior to the approving authority's action on the application. The withdrawal must be in writing or be stated on the record. Withdrawal is effective immediately, is not subject to appeal, and shall be permanent, provided that the applicant may file a new application with the applicable payment of fee(s) as provided in this Chapter.

(E) Time Periods.

(1) Within one hundred eighty (180) days after filing of a complete application for a coastal development permit, the Coastal Permit Administrator or Planning Commission shall take such action as is specified in Subsection (D) of this section. The one hundred eighty (180) day time period may be extended once for a period not to exceed ninety (90) days with the written consent of the applicant and the department.

(2) In the event that the County fails to act to approve or disapprove a development project within the time limits required above, the applicant may seek remedy to resolve the undecided permit request as set forth in California Government Code Section 65956.

(3) Failure to act — notice.

(a) Notification by Applicant. If the County has failed to act on an application within the time limits set forth in Government Code Sections 65950-65957.1, thereby approving the development by operation of law, the person claiming a right to proceed pursuant to Government Code Sections 65950-65957.1 shall notify, in writing, the County and the Coastal Commission of his or her claim that the development has been approved by operation of law. Such notice shall specify the application which is claimed to be approved.

(b) Notification by County. When the County determines that the time limits established pursuant to Government Code Sections 65950—65957.1 have expired, the County shall, within seven (7) calendar days of such determination, notify any person entitled to receive notice pursuant to Title 14, California Code of Regulations Section 13571(a) that the application has been approved by operation of law pursuant to Government Code Sections 65950-65957.1 and the application may be appealed to the Coastal Commission pursuant to Section 20.728.020. This Section shall apply equally to a County determination that the project has been approved by operation of law and to a judicial determination that the project has been approved by operation of law.

When an application has been approved by failure to act, such approval shall be subject to the notice requirements of Section 20.720.045(F).

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

(A) The approval or modification of any coastal development permit by the approving authority shall be supported by findings which establish that:

(1) The proposed development is in conformity with the certified Mendocino Town Local Coastal program; and

(2) The proposed development will be provided with adequate utilities, access roads, drainage, and other necessary facilities; and

(3) The proposed development is consistent with the purpose and intent of the zoning district applicable to the real property on which the development is proposed, as well as the provisions of this Division, and preserves the integrity of the zoning district; and

(4) The proposed development will not have any significant adverse impacts on the environment within the meaning of the California Environmental Quality Act.

(5) The proposed development will not have any adverse impacts on any known archaeological or paleontological resource.

(6) Other services, including but not limited to, solid waste, public roadway capacity and proof of an adequate water supply pursuant to Chapter 20.744 have been considered and are adequate to serve the proposed development.

(7) The proposed development is in conformance with the design standards of Section 20.760.050.

(B) If the proposed development is located between the first public road and the sea or the shoreline of any body of water, the following additional finding must be made:

(1) The proposed development is in conformity with the public access and public recreation policies of Chapter 3 of the California Coastal Act (Public Resources Code Sections 30210—30224) and the certified Mendocino Town Plan of the Coastal Element of the General Plan.

(C) If the proposed development is subject to approval of a conditional use permit, the following additional finding must be made:

(1) The proposed development ensures the protection of public health, safety, and welfare.

(D) If the proposed development is located within an Environmentally Sensitive Habitat Area, the following additional finding shall be made:

(1) Only used dependent on environmentally sensitive habitat area resources and for which there is no less environmentally damaging location shall be allowed in the ESHA consistent with Mendocino Town Plan Policy CNS-7;

(2) The ESHA shall be protected against any significant disruption of habitat values;

(3) The resources as identified will not be significantly degraded by the proposed development;

(4) There is no feasible less environmentally damaging alternative;

(5) All feasible mitigation measures capable of reducing or eliminating project related impacts have been adopted.

(E) Where a proposed development must also comply with the provisions of Chapter 20.420 (Flood Plain Combining District), Chapter 20.488 (Coastal Development General Review Criteria), Chapter 20.492 (Grading, Erosion and Runoff), Chapter 20.496 (Environmentally Sensitive Habitat and Other Resource Areas), Chapter 20.500 (Hazard Areas), or Section 20.504.025, the approving authority shall make the applicable findings of Section 20.532.100 of Division II of this Title.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

(A) Purpose. The purpose of this section is to provide for the administrative issuance of coastal development permits for those types of development projects specified in Section 20.720.015 and emergency permits as provided for in Section 20.720.090.

(B) Approval. The Coastal Permit Administrator may administratively approve or conditionally approve a coastal development permit on the same grounds as all other coastal development permits without the requirement of a public hearing. Any permit issued administratively by the Coastal Permit Administrator shall contain a statement that the permit will not be effective until it has been reported to the Board of Supervisors.

(C) Reporting. A Coastal Development Administrative Permit issued by the Coastal Permit Administrator shall be reported on the agenda of the Board of Supervisors at its next scheduled meeting after the permit has been issued. The Coastal Permit Administrator shall report in writing to the Board at each meeting the permits approved under this section, with sufficient description of the work authorized to allow the Board and the public to understand the development proposed to be undertaken. If, at the meeting, at least one (1) member of the Board so request, the permit issued shall not go into effect and the application shall be processed in accordance with Section 20.720.045.

(D) Noticing. Notice that the Coastal Permit Administrator will report issuance of the administrative permit to the Board of Supervisors shall be provided at least ten (10) calendar days prior to the meeting. The notice shall be provided by first class mail to:

(1) The applicant;

(2) All property owners within three hundred (300) feet of the property lines of the project site, and to each occupant of property within three hundred (300) feet of the property lines of the project site. Where, the applicant is the owner of all properties within three hundred (300) feet of the property lines of the project site, notice shall be provided to all property owners within three hundred (300) feet and to all occupants within one hundred (100) feet of the applicant's contiguous ownership;

(3) All persons who have requested to be on the mailing list for that development project;

(4) All persons who have requested to be on the mailing list for development located within the Town Plan boundaries;

(5) The Coastal Commission.

(E) Content of Notice. The notice shall contain 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 case file number assigned to the application;

(4) A description of the development and its proposed location;

(5) The date, time and place at which the application will be reported to the Board;

(6) A brief description of the general procedure concerning the conduct of hearing and local actions including procedures for submission of public comment prior to the decision, and identification of a current period of sufficient time to allow for submission of comments by mail prior to the decision;

(7) A full disclosure of the procedure(s) for local and Coastal Commission appeals, including any fee(s) that may be required.

(F) Final Action. A decision on a coastal development permit application shall not be deemed complete and final until:

(1) The decision has been made and all required findings have been adopted, and

(2) When all local rights of appeal have been exhausted in accordance with Chapter 20.728.

(G) Notice of Final Action. Notice shall be provided within ten (10) calendar days of final action by first class mail to:

(1) The applicant;

(2) Any person who specifically requested, in writing, notice of such final action; and

(3) The Coastal Commission.

(4) The County Assessor.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

(A) Purpose. The purpose of this section is to provide for the issuance of coastal development permits for those types of development projects which are not administrative or emergency permits.

(B) Hearing. The approving authority shall hold at least one (1) public hearing on each coastal development permit application for an appealable development or for a non-appealable development which requires a public hearing pursuant to other provisions of this Division. The public hearing may be conducted in accordance with existing local procedures or in any other manner reasonably calculated to give interested persons an opportunity to appear and present their viewpoints, either orally or in writing. The hearing shall occur no earlier than ten (10) calendar days following the mailing of the notice required in Subsection (C) below.

(C) Notice. At least ten (10) calendar days prior to the first public hearing on the development proposal, the Coastal Permit Administrator shall provide notice by first class mail of a pending application for a development subject to this section. This notice shall be provided to each applicant, to all persons who have requested to be on the mailing list for that development project or for coastal decisions, to all property owners within three hundred (300) feet of the perimeter of the parcel on which the development is proposed, to all occupants of property within three hundred (300) feet of the perimeter of the parcel on which the development is proposed, and to the Coastal Commission. Where the applicant is the owner of all properties within three hundred (300) feet of the property lines of the project site, notice shall be provided to all property owners within three hundred (300) feet and to all occupants within three hundred (300) feet of the applicant's contiguous ownership.

(D) Content of Notice. The notice shall contain 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, time and place at which the application will be heard by the approving authority;

(6) A brief description of the general procedure concerning the conduct of hearing and local actions;

(7) The system for local and Coastal Commission appeals, including any fee(s) that may be required.

If a hearing on a coastal development permit is continued to a time which has not been stated in the initial notice or at the public hearing, notice of the continued hearing shall be provided in the same manner and within the same time limits as required in Subsection (C) above.

(E) Final Action. A decision on a coastal development permit application shall not be deemed complete until:

(1) The decision has been made and all required findings have been adopted, including specific factual findings supporting the legal conclusions that the proposed development is or is not in conformity with the certified Town LCP and, where applicable, the public access and recreation policies of Chapter 3 of the Coastal Act, and

(2) When all local rights of appeal have been exhausted in accordance with Chapter 20.728.

(F) Notice of Final Action. Notice shall be provided within ten (10) calendar days of final action by first class mail to:

(1) The applicant;

(2) Any person who specifically requested, in writing, notice of such final action; and

(3) The Coastal Commission.

(4) The County Assessor.

(G) Effective Date. Decisions of the approving authority on an application for a development appealable to the Coastal Commission shall become final and effective after the ten (10) working day appeal period to the Coastal Commission has expired and no appeal has been filed with the Coastal Commission. If the notice of final action is defective and does not contain information pursuant to Section 20.720.045(D) and Section 20.720.035(B)(1), if applicable, the permit decision will be stayed and will not become effective after expiration of the ten (10) working day appeal period. Where an application for a development is not appealable to the Coastal Commission, the decision of the approving authority shall become final and effective on the eleventh (11th) day following the action of the approving authority to approve or deny the coastal permit unless prior to said eleventh (11th) day an appeal of the decision is filed as provided by Chapter 20.728.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Each valid, unrevoked, and unexpired coastal development permit shall expire and become null and void at the time specified in such permit, or if no time is specified, at the expiration of two (2) years after granting except where construction, and/or use of the real property, as applicable, in reliance on such permit has been initiated prior to its expiration. To remain valid, progress toward completion of the project must be continuous. Permits issued for Planned Unit Developments shall expire no sooner than the tentative map, and any extensions of a Planned Unit Development permit shall conform with all provisions of this Division. No building permit shall be finalized or occupancy permit issued until all terms and conditions of the approved coastal development permit have been met.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Any person holding a valid, unexpired, and unrevoked coastal development permit approved by the County may apply for a permit amendment by complying with Section 20.720.025 (Application and Fees). For the purposes of this section, the amendment of a coastal development permit may include amendment of the terms of the permit itself, or the waiver or alteration of conditions imposed pursuant to Section 20.720.030.

(A) Definition of Permit Amendment. Any request to amend an approved or issued coastal development permit that constitutes a change in the approved development, or any condition of development approval shall be processed pursuant to Section 20.720.025. When, in the determination of the Director, a major revision constituting substantial alteration in the permit is requested, an amendment shall not be processed and a new coastal development permit application must be made.

(B) Amendment to Administrative Permits.

(1) Amendments to administrative permits may be approved by the Coastal Permit Administrator upon the same criteria and subject to the same reporting requirements and procedures, including public notice and appeals, as provided for issuance of administrative permits in Section 20.720.040.

(2) If any amendment would, in the determination of the Coastal Permit Administrator, change the project so that it no longer meets the criteria established for treating the application as an administrative permit pursuant to Section 20.720.015, then the application shall thereafter be treated in the manner prescribed by Section 20.720.015 and by Section 20.720.055(C)(2).

(C) Amendment to Permits other than Administrative Permits.

(1) The director shall determine whether or not a proposed amendment is a material change to the approved permit. If the Director determines that the proposed amendment is immaterial, notice of such determination shall be posted at the project site. Notice of such determination also shall be given as provided in Section 20.720.040(D). If no written objection to the amendment is received within ten (10) working days of the notice, the determination of immateriality shall be conclusive and the amendment shall be deemed final and effective:

(a) After a Notice of Final Action has been transmitted to the Coastal Commission pursuant to Section 20.720.045(F) and

(b) The ten (10) working day appeal period to the Coastal Commission has expired and no appeal has been filed with the Coastal Commission, pursuant to Section 20.720.045(G).

(2) If the Director determines that the proposed amendment is a material change or if written objection is made to the determination of conditions that were required for the purpose of protecting a coastal resource or coastal access consistent with the findings required by Section 20.720.035, the application shall be referred to the approving authority having original jurisdiction over the coastal development permit. The material amendment shall be subject to the hearing and notice requirements of Section 20.720.045.

(Ord. No. 3915 (part). Adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

On or before the date of expiration of a coastal development permit, the person holding the permit shall apply for a renewal (extension) of said permit if the development (a) cannot be completed, or (b) is proposed to continue, as the case may be, by the permit expiration date. Application for renewal shall be submitted in compliance with Section 20.720.025.

(A) Notice for renewal (extension) of a coastal development permit shall be given pursuant to Section 20.720.040.

(B) The renewal (extension) of a coastal development permit may be granted by the Coastal Permit Administrator without a public hearing for a term not exceeding one (1) year provided:

(1) No additional conditions are recommended by referral agencies or the Planning and Building Services Department and the Director determines that there are no changed circumstances that may affect the consistency of the project with this Division and the certified Town Plan; and

(2) No written objection to granting of the renewal (extension) application without a public hearing is received within ten (10) working days after notice has been given pursuant to Section 20.720.040(D).

(C) If the Director determines that there are changed circumstances that may affect the consistency of the project with this Division and the certified Town Plan, or if additional conditions are recommended or written objection to the renewal (extension) is received, the application shall be referred to the approving authority having original jurisdiction over the coastal development permit, and the renewal (extension) shall be subject to the hearing and notice requirements of Section 20.720.045.

(D) The time limit for completion of coastal development permit conditions may be extended by the Coastal Permit Administrator for a maximum of one hundred eight (180) days, or for good cause for such additional time as the Coastal Permit Administrator may determine.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Editor's note— Ord. No. 4395, § 2, adopted November 17, 2017 amended § 20.720.060 to read as set out herein. Previously § 20.720.060 was titled "Renewal."

A coastal development permit may be revoked or modified for cause as provided by the provisions of this section. For purposes of this section, the modification of a permit may include the modification of the terms of the permit itself or the waiver, alteration or imposition of new conditions pursuant to Section 20.720.030 and Section 20.720.045.

(A) Grounds for Revocation or Modification. A coastal development permit may be revoked or modified by the County pursuant to the provisions of this section upon a finding of any one (1) or more of the following grounds:

(1) That such permit was obtained or extended by fraud.

(2) That one (1) or more of the conditions upon which such permit was granted have been violated.

(3) That the use for which the permit was granted is so conducted as to be detrimental to the public health, welfare or safety, or as to be a nuisance.

(4) A final judgment of a court of competent jurisdiction has declared one (1) or more conditions to be void or ineffective, or has enjoined or otherwise prohibited the enforcement or operations of one (1) or more such conditions.

(B) Initiation of Action. An action to revoke or modify a coastal development permit may be initiated by order of the Board of Supervisors, Planning Commission, or the Coastal Permit Administrator, whichever granted, extended or modified the permit, on its own motion or on the request of any County Officer; the Board of Supervisors may initiate an action to revoke or modify any coastal development permit granted or modified by either the Coastal Permit Administrator or Planning Commission.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

(A) Any person who has obtained a coastal development permit pursuant to the provisions of this Division for any development may assign such permit to another person subject to the following requirements:

(1) Submission of an application fee as set by resolution of the Board of Supervisors; and

(2) An affidavit executed by the assignee attesting to the assignee's agreement to comply with the terms and conditions of the permit; and

(3) Evidence of the assignee's legal interest in the real property involved and legal capacity to undertake the development as approved and to satisfy the conditions required in the permit; and

(4) The original permittee's request to assign all rights to undertake the development to the assignee; and

(5) A copy of the original permit showing that it has not expired.

(B) The applicant for assignment shall submit the above documents to the Department of Planning and Building Services together with a completed application form provided by the department. The assignment shall be effective upon the department's written approval of the documentation submitted, and the reassigned permit shall be granted subject to the terms and conditions of the original permit.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

No application for a coastal development permit for a development, which has previously been denied, shall be filed earlier than one (1) year after the date such denial becomes effective, unless the request for reapplication reflects a major change in circumstances and specific permission to do so has been granted as follows:

(A) Denial by Coastal Permit Administrator. If the Coastal Permit Administrator has denied the coastal development permit, permission to reapply may be granted by the Coastal Permit Administrator or the Board of Supervisors.

(B) Denial by the Planning Commission. If the Planning Commission has denied the coastal development permit, permission to reapply may be granted by the Planning Commission or the Board of Supervisors.

(C) Denial by the Board of Supervisors. If the Board of Supervisors has denied the coastal development permit, permission to reapply may be granted by the Board of Supervisors.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

The granting or modification of any coastal development permit shall not authorize or legalize the maintenance of any private or public nuisance.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

Whenever a coastal development permit is granted with respect to any real property, the Planning and Building Services Department shall, within ten (10) days of the issuance of such permit, notify the County Assessor.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

(A) Purpose. This section describes procedures for processing applications for permits to perform work to resolve problems resulting from an "emergency," as defined in Section 20.608.024. In cases of a verified emergency, temporary emergency authorization to proceed with remedial measures may be given by the Director or his or her designee until such time as a coastal development permit application is filed and approved pursuant to this Division.

(B) Immediate Action Required. When immediate action by a person, or a public agency, is required to protect life or property from imminent danger, or to restore, repair, or maintain public works, utilities, or other services destroyed, damaged, or interrupted by natural disaster, serious accident, or in other cases of emergency, the requirements for obtaining any permit under this Division may be waived upon notification of the Planning and Building Services Director or his/her designee of the type and location of the work required to address the emergency within seven (7) days of the disaster or discovery of the danger, whichever occurs first. Nothing in this section authorizes permanent erection of structures valued at more than twenty-five thousand dollars ($25,000.00).

(C) Method of Application. Applications in cases of emergencies shall be made to the Planning and Building Services Director or his/her designee by letter if time allows, and by telephone, electronic mail, facsimile, or in person if time does not allow.

(D) Necessary Information. 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; and

(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.

(E) Verification of Emergency. The Planning and Building Services Director or his/her designee shall verify the facts, including the existence and nature of the emergency, insofar as time allows.

(F) Criteria for Granting Permit. The Director 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. The Director may grant an emergency permit upon reasonable terms and conditions which shall include, at a minimum, an expiration date and the necessity for a regular permit application later, if the Director finds that:

(1) An emergency exists and requires action more quickly than permitted by the procedures for administrative permits, or for ordinary permits and the development can and will be completed within thirty (30) days unless otherwise specified by the terms of the permit;

(2) Public comment on the proposed emergency action has been reviewed if time allows; and

(3) The work proposed would be consistent with the requirements of the local coastal program.

(G) Reporting.

(1) The Director shall report in writing to the Board of Supervisors at each meeting the 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.

(2) All emergency permits issued after the mailing for the meeting shall be briefly described by the Planning and Building Services Director at the meeting and the written report required by subparagraph (1) shall be distributed prior to the next succeeding meeting.

(3) The report of the Director shall be informational only; the decision to issue an emergency permit is solely at the discretion of the Director.

(4) Notice of emergency permits shall be provided by phone or letter to the California Coastal Commission as soon as possible, but in any event within three (3) days, following issuance of the emergency permit.

(H) Compliance. An emergency permit shall be valid for not more than sixty (60) days from the date of issuance. Prior to expiration of the emergency permit, the permittee must submit a coastal development permit application for the development or else remove the development undertaken pursuant to the emergency permit in its entirety and the site restored to its previous condition. Failure to comply with the provisions of this section or failure to properly notice and report by the applicant any emergency actions may result in enforcement action pursuant to Chapter 20.736.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)

The procedures pertaining to coastal development permits containing conditions for access, open space or conservation easements or the processing of other legal documents resulting from conditions of a coastal development permit which restricts use shall be the procedures set forth at sections 20.718.35 and 20.718.40.

(Ord. No. 3915 (part), adopted 1995.)

(Ord. No. 4395, § 2, 11-17-2017)