Mendocino County Municipal Code Ch. 20.536 Coastal Development Specific Permit Procedures

(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 20.532.015 and emergency permits as provided for in Section 20.536.055.

(B) Action. The Coastal Permit Administrator shall administratively approve, conditionally approve, or deny a coastal development administrative permit without the requirement of a public hearing. Any permit approved administratively by the Coastal Permit Administrator, except for permits for ADUs and/or JADUs shall contain a statement that the permit will not be effective until it has been reported to and reviewed by the Board of Supervisors.

(C) Reporting. With the exception of a coastal development administrative permit for an ADU or JADU, a coastal development administrative permit approved by the Coastal Permit Administrator shall be available on the agenda of the Board of Supervisors at its next available meeting after the permit has been approved. 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 to understand the development proposed to be undertaken. If, at the meeting, at least one (1) member of the Board so requests, the permit issued shall not go into effect and the application shall be processed in accordance with Section 20.536.010.

(D) Noticing. Notice that the Coastal Permit Administrator intends to act on a coastal development administrative permit for an ADU or JADU shall be mailed at least ten (10) calendar days prior to issuance. Notice that the Coastal Permit Administrator will report proposed issuance of the coastal development administrative permit to the Board of Supervisors shall be mailed 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 one hundred (100) 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 furnished self-addressed and stamped envelopes and requested to be on the mailing list for development located within the Coastal Zone boundaries; and

(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) If the permit is for an ADU or JADU, the date upon which the coastal development administrative permit will be acted on;

(6) If the permit will be reported to the Board of Supervisors, the date, time and place at which the application will be reported to the Board;

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

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

(F) Final Action. A decision on a coastal development administrative permit application shall not be deemed complete 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 20.544.

(3) A decision on a coastal development administrative permit application for an ADU or JADU that is 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.

(G) Notice of Final Action. Notice shall be mailed 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.

(H) Effective Date. Decisions of the approving authority on an application for a development that is 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 20.536.015(D) and Section 20.532.095(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 following the action of the approving authority to approve or deny the coastal permit.

(Ord. No. 3785 (part), adopted 1991)

(Ord. No. 4497, § 28, 11-9-2021)

(A) Purpose. The purpose of this section is to provide for the ministerial issuance of coastal development permits for ADUs that meet the requirements specified in Chapter 20.458.

(B) Action. The Director or his/her designee shall act on a coastal development ministerial permit without the requirement of a public hearing. Any permit approved by the Director or his/her designee for an accessory dwelling unit located in an area within the appeal jurisdiction of the California Coastal Commission shall contain a statement that the permit will not be effective until the appeal period to the California Coastal Commission has expired and no appeal has been filed.

(C) Noticing. Notice that the Director or his/her designee intends to act on a coastal development ministerial permit shall be mailed at least ten (10) calendar days prior to issuance 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 one hundred (100) 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) Any person who specifically requested, in writing, notice of such final action;

(4) The Coastal Commission; and

(5) The County Assessor.

(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 case file number assigned to the application;

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

(5) The date on which the coastal development ministerial permit was approved; and

(6) If the development is located in an area that is subject to the appeal jurisdiction of the California Coastal Commission, a full disclosure of the procedure(s) for Coastal Commission appeals, including any fee(s) that may be required.

(E) Final Action. A decision on a coastal development ministerial permit application shall not be deemed complete until the decision has been made and all required findings have been adopted.

(F) Notice of Final Action. Notice shall be mailed 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;

(3) The Coastal Commission; and

(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 20.536.010(D) and Section 20.532.095(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 following the action of the approving authority to approve or deny the coastal permit.

(Ord. No. 4497, § 27, 11-9-2021)

Editor's note— Ord. No. 4497, §§ 24—27, adopted November 9, 2021, added a new § 20.536.010, as set out above and later amended, and renumbered the existing §§ 20.536.010—20.536.055 as §§ 20.536.015—20.536.060.

(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 ministerial, administrative or emergency permits.

(B) Hearing. The approving authority shall hold at least one (1) public hearing on each coastal development 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 one hundred (100) 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 one hundred (100) 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; and

(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, and

(2) When all local rights of appeal have been exhausted in accordance with Chapter 20.544.

(F) Notice of Final Action. Notice shall be mailed 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 20.536.015(D) and Section 20.532.095(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 day following the action of the approving authority to approve or deny the coastal permit unless prior to said eleventh day an appeal of the decision is filed as provided by Chapter 20.544.

(Ord. No. 3785 (part), adopted 1991)

(Ord. No. 4497, § 26, 11-9-2021)

Note— Formerly § 20.536.010. See editor's note for § 20.536.010.

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 property 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 extensions of the Planned Unit Development shall conform with all provisions of this Division.

(Ord. No. 3785 (part), adopted 1991)

Note— Formerly § 20.536.015. See editor's note for § 20.536.010.

Any person holding a coastal development permit may apply for a permit amendment by complying with Section 20.532.025 (Application and Fee). For the purposes of this section, the amendment of a coastal development permit may include amendment of the terms of the permit itself, the waiver or alteration of conditions imposed pursuant to Sections 20.532.030 through 20.532.055.

(A) Definition of Permit Amendment. An amendment to a coastal development permit shall be processed in accordance with Section 20.532.025 when an applicant is requesting any change to the development project that was the subject of the approved coastal development permit. When, in the opinion 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 Ministerial Permits.

(1) Amendments to ministerial permits may be approved by the Director or his/her designee based upon the same criteria and subject to the same reporting requirements and procedures as provided for issuance of ministerial permits in Section 20.536.010.

(2) If any amendment would, in the opinion of the Director or his/her designee, change the nature of the project so that it no longer meets the criteria established for treating the application as a ministerial permit pursuant to Section 20.536.010, then the application shall thereafter be treated in the manner prescribed by Section 20.536.025(C)(2) dealing with amendments to permits other than ministerial and administrative permits.

(C) 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 20.536.005.

(2) If any amendment would, in the opinion of the Coastal Permit Administrator, change the nature of the project so that it no longer meets the criteria established for treating the application as an administrative permit pursuant to Section 20.532.015, then the application shall thereafter be treated in the manner prescribed by Section 20.536.025(C)(2) dealing with amendments to permits other than administrative permits.

(D) Amendment to Permits other than Ministerial Permits and 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 20.536.005(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 effective.

(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 Chapter 20.532, 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 20.536.015.

(Ord. No. 3785 (part), adopted 1991)

(Ord. No. 4497, § 25, 11-9-2021)

Note— Formerly § 20.536.020. See editor's note for § 20.536.010.

On or before the date of expiration of a coastal development permit the person holding the permit shall apply for a renewal of said permit if the use is to be continued beyond the date of expiration or the development cannot be initiated prior to expiration. Application for renewal shall be submitted in compliance with Section 20.532.025.

(A) Notice for renewal of a coastal development permit shall be given pursuant to Section 20.536.005.

(B) The renewal 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

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

(C) If the Director determines that there are changed circumstances that may affect the consistency of the project with this Division or if additional conditions are recommended or written objection is made, the application shall be referred to the approving authority having original jurisdiction over the coastal development permit, and the renewal shall be subject to the hearing and notice requirements of Section 20.536.010.

(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 eighty (180) days.

(Ord. No. 3785 (part), adopted 1991)

(Ord. No. 4497, § 24, 11-9-2021)

Note— Formerly § 20.536.025. See editor's note for § 20.536.010.

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 20.532.030 (Processing) and Section 20.536.010 (Hearing and Notice).

(A) Grounds for Revocation or Modification. A coastal development permit may be revoked or modified pursuant to the provisions of this section upon a finding of any one 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. 3785 (part), adopted 1991)

(Ord. No. 4497, § 24, 11-9-2021)

Note— Formerly § 20.536.030. See editor's note for § 20.536.010.

(A) Any person who has obtained a coastal development permit pursuant to the provisions of this Division 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. 3785 (part), adopted 1991)

(Ord. No. 4497, § 24, 11-9-2021)

Note— Formerly § 20.536.035. See editor's note for § 20.536.010.

No application for the granting of a coastal development permit which has 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 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. 3785 (part), adopted 1991)

(Ord. No. 4497, § 24, 11-9-2021)

Note— Formerly § 20.536.040. See editor's note for § 20.536.010.

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

(Ord. No. 3785 (part), adopted 1991)

(Ord. No. 4497, § 24, 11-9-2021)

Note— Formerly § 20.536.045. See editor's note for § 20.536.010.

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

(Ord. No. 3785 (part), adopted 1991)

(Ord. No. 4497, § 24, 11-9-2021)

Note— Formerly § 20.536.050. See editor's note for § 20.536.010.

(A) Purpose. This section describes procedures for processing applications for permits to perform work to resolve problems resulting from a situation falling within the definition of "emergency" in Section 20.308.040(B). 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.

(B) Immediate Action Required. When immediate action by a person or public agency performing a public service is required to protect life and public property from imminent danger, or to restore, repair, or maintain public works, utilities, or services destroyed, damaged, or interrupted by natural disaster, serious accident, or in other cases of emergency, the requirements of obtaining any permit under this Chapter may be waived upon notification of the Director of the type and location of the work 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).

(C) Method of Application. Applications in cases of emergencies shall be made to the Director or his/her designee by letter if time allows, and by telephone 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 Director 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 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 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 20.552.

(Ord. No. 3785 (part), adopted 1991)

(Ord. No. 4497, § 24, 11-9-2021)

Note— Formerly § 20.536.055. See editor's note for § 20.536.010.