Mendocino County Municipal Code Ch. 20.532 Coastal Development Permit Regulations—general

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

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

Any person, partnership, corporation, state or local agency or special district proposing to undertake any development as defined in Section 20.308.035(D) 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 any local agency or special district or any State or Federal agency as authorized by law or ordinance. If a coastal development permit is required pursuant to this section, no building permit, water well 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. 3785 (part), adopted 1991)

Permits required by this Chapter must be secured prior to any development in the Mendocino County Coastal Zone.

(A) Coastal Development Administrative Permit. The purpose of a Coastal Development Administrative Permit 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 20.536.055. Development projects which are appealable to the Coastal Commission, including any division of land, shall not be processed as an administrative permit, except for ADUs and JADUs as specified in Section 20.458.045.

(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;

(4) Any other developments not in excess of one hundred thousand dollars ($100,000) other than any division of land;

(5) Any other development that is not appealable to the Coastal Commission if the Coastal Permit Administrator determines that it involves no potential for any adverse effects, either individually or cumulatively, on coastal resources, and that it will be consistent with the Certified Local Coastal Program and the public access policies of Chapter 3 of the Coastal Act. The determination shall be made in writing and based upon factual evidence.

(6) Any ADU or JADU that meets all of the requirements for a coastal development ministerial permit except for the objective requirements established in Section 20.458.045 and for which an exception to those requirements may be granted through the coastal development administrative permit process. A coastal development administrative permit for an ADU and/or JADU is not appealable to the Board of Supervisors but may be appealable to the Coastal Commission.

(B) Coastal Development Ministerial Permit. The purpose of a coastal development ministerial permit is to provide for the administrative issuance of coastal development permits for ADUs which comply with the objective requirements specified in Section 20.458.045. Coastal development ministerial permits may be approved by the Director or his/her designee. Approval of a coastal development ministerial permit requires findings of consistency with Chapter 20.458 as well as the required and supplemental findings specified in Sections 20.532.095 and 20.532.100, as applicable. A public hearing is not required for coastal development ministerial permits and they are not appealable to the Board of Supervisors. For development located within the appeal jurisdiction of the California Coastal Commission, coastal development ministerial permits are appealable to the Coastal Commission.

(C) Coastal Development Use Permit. A use permit must be secured, pursuant to the requirements of these regulations prior to the initiation, modification or expansion of a use or development that is permitted only as a conditional use in a particular district.

(D) 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 such development conditions as setbacks, lot coverage and lot width.

(E) Coastal Development Standard Permit. A coastal development standard permit must be secured for any other activity not specified above which is defined as a development in Section 20.308.035(D), including, but not limited to, land divisions, lot line adjustments and any other entitlement for use.

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

(Ord. No. 4497, § 20, 11-9-2021)

The following developments shall be exempt from this Chapter:

(A) 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 Subchapter 7, Title 14, California Administrative Code and any amendments thereafter adopted;

(B) Activities of public utilities as specified in the Repair, Maintenance and Utility Hookup Exclusion adopted by the Coastal Commission on September 5, 1978;

(C) Improvements to single family residences except as otherwise specified in Subchapter 6, Title 14, California Administrative Code and any amendments thereafter;

(D) Improvements to any structure other than single family residence or a public works facility, except as otherwise specified in Subchapter 7.5, Title 14, California Administrative Code and any amendments thereafter;

(E) The replacement of any structure, other than a public works facility, destroyed by a disaster. The replacement structure shall conform with Section 20.480.020, shall be for the same use as the destroyed structure, shall not exceed either the floor area, height, or bulk, of the destroyed structure by more than ten (10) percent and shall be sited in the same location on the affected property as the destroyed structure;

(F) Within the Gualala Town Plan planning area, structures which are destroyed by involuntary means or forces out of control of the owner(s), provided that the structure reconstructed after involuntary loss does not exceed the floor area, height, or bulk of the previously existing structure by more than ten (10) percent, restoration is started within one (1) year of the destruction, and the structure conforms to this Division;

(G) ADUs, JADUs and associated physical development may be exempted from this Chapter when such development is found to be consistent with subsection (C), above.

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 owners.

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.

(Ord. No. 3785 (part), adopted 1991; Ord. 4083 (part), adopted 2002.)

(Ord. No. 4497, § 21, 11-9-2021)

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 a fee set by resolution of the Board of Supervisors. When more than one (1) development is proposed on a parcel, 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. 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 vicinity surrounding the project site, should also be provided.

(B) Proof of the applicant's legal interest in all the property upon which work is to be performed. Proof can be the form of a current tax statement, tide 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 property shall be 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 the authority to comply with all conditions of approval.

(D) Stamped envelopes addressed to each owner of property situated within three hundred (300) feet of the property lines of the project site (excluding roads), along with 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 owners, of property situated within three hundred (300) feet of the applicant's contiguous ownership.

(E) Stamped envelopes addressed to each occupant of property situated within one hundred (100) feet of the property lines of the project site (excluding roads), along with a list containing the names, addresses and Assessor's parcel numbers of same. Where the applicant is the owner of all properties within one hundred (100) feet of the project site, stamped envelopes shall be provided and addressed to each occupant of property situated within one hundred (100) feet of the applicant's contiguous ownership.

(F) 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.

(G) Such additional information that the Director may determine is necessary to determine whether the development is consistent with the General Plan and this Division.

(H) 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 in a manner prescribed by the Director.

(I) 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 discovered after approval or issuance of the permit.

(J) Other governmental approvals as required and obtained.

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

Upon receipt of an application for a coastal development permit, the application shall be processed pursuant to Sections 20.532.035 through 20.532.055.

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

(B) 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 Local Coastal Program, including maps, categorical exclusions, land use designations, and zoning and other implementation 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, nonappealable) 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 Coastal 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, nonappealable or appealable;

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

(C) 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.

(D) During application check, the department shall determine the type of permit for which 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.

(E) Where the department has determined that an application is incomplete, and where the applicant believes that the information requested by the department to complete the application is not required under the requirements of this Division, the General Plan or under policies adopted by resolution to administer this Division, the applicant may file an Administrative Appeal pursuant to Chapter 20.544. The appeal shall be made in writing to the department and accompanied by a fee set by resolution of the Board of Supervisors and evidence supporting the applicant's belief that the application is complete.

(F) If the application is not completed by the applicant within one (1) year after original receipt of the application, it will be deemed withdrawn. A new application may be submitted in accordance with Section 20.532.025 of this Division.

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

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), shall study the project for conformance with all applicable requirements of this Chapter. 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 other individual/group that the department believes may have relevant authority or expertise. The Director or designee shall prepare a written report and recommendation for action on the application with findings and evidence in support thereof.

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

Upon completion of project review and evaluation, the action to approve, conditionally approve, or deny a coastal development permit shall be taken by:

(A) The Director or his/her designee in the case of coastal development ministerial permits;

(B) The Coastal Permit Administrator in the case of coastal development standard permits for principal permitted uses and coastal development administrative permits; and

(C) The Planning Commission in the case of coastal development permits for conditional uses and divisions of land.

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

(Ord. No. 4497, § 22, 11-9-2021)

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

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

(B) Make such findings or determination as is 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

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

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

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

(3) The proposed development does not conform with the certified local coastal program.

(D) 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.

(E) 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 stated on the record. Withdrawal is effective immediately, is not subject to appeal, and shall be permanent except the applicant may file a new application with the appropriate fee(s) as provided in this Chapter.

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

(A) For all applications except for applications to create an ADU or JADU, within one hundred eighty (180) days of filing of a complete application for a coastal development permit, the Director, Coastal Permit Administrator or Planning Commission shall take such action as is specified in Section 20.532.050. 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.

(B) For applications to create an ADU or JADU, action shall be taken within sixty (60) days of filing of a complete application for a coastal development permit exemption, Categorical Exclusion or coastal development permit. The 60-day time period for acting on a complete application for an ADU or JADU submitted with a permit application for a proposed single-family dwelling shall not commence until after the application for the single-family dwelling has been acted on and all appeal periods have ended.

(C) If the Director, Coastal Permit Administrator or Planning Commission does not act within the specified time period or extension thereof, the applicant may seek remedy to resolve the undecided permit request as set forth in California Government Code Section 65956. The date of the actual filing of the application for the purposes of this Division shall be the date of the environmental determination as required by local and state environmental review procedures.

(D) Failure to act—Notice.

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.

Notification by County. When the County determines that the time limits established pursuant to Government Code Sections 65950—65957.1 or Government Code Section 65852.2 for an ADU or a JADU 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 20.544.020. 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.

(E) When an application for a coastal development permit has been deemed approved by failure to act, such approval shall be subject to the notice requirements of Section 20.536.005(D) or, for coastal development ministerial permits, the notice requirements of Section 20.536.010(C).

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

(Ord. No. 4497, § 23, 11-9-2021)

Additional project information shall be required for development within an Environmentally Sensitive Habitat Area (ESHA) and may be required for any development within five hundred (500) feet of an ESHA if the development is determined to have the potential to impact an ESHA. Additional requirements may include one or more of the following:

(A) Topographic Base Map. The base map shall be at a scale sufficiently large to permit clear and accurate depiction of vegetative associations and soil types in relation to any and all proposed development (normally the scale required will be 1″ = 200′). Contour intervals should be five (5) feet, and the map shall contain a north arrow, graphic bar scale, and a citation for the source of the base map (including the date). The map shall show the following information:

(1) Boundary lines of the applicant's property and adjacent property, including assessor's parcel numbers, as well as the boundaries of any tidelands, submerged lands or public trust lands;

(2) Names and locations of adjacent or nearby roads, streets or highways, and other important geographic, topographic and physical features;

(3) Location and elevation of any levees, dikes or flood control channels;

(4) Location, size and invert elevation of any culverts or tide gates.

(B) Inundation Map. For nontidal wetlands, a map should be prepared indicating permanent or seasonal patterns of inundation (including sources) in a year of normal rainfall.

(C) Vegetation Map. Location and names of plant species (e.g., Salicornia virginica) and vegetation associations (e.g., saltmarsh). This map shall be prepared by a qualified ecologist or botanist.

(D) Soils Map. If no soil survey is available, a soils map shall be prepared by a qualified soils scientist, and should show the location of soil types and include a physical description of their characteristics.

(E) Report of Compliance. A report based upon an on-site investigation which demonstrates that the development meets all of the criteria specified for development in, and proximate to, an environmentally sensitive habitat area including a description and analysis of the following performed by a qualified professional:

(1) Present extent of the habitat, and if available, maps, photographs or drawings showing historical extent of the habitat area.

(2) Previous and existing ecological conditions.

(a) The life history, ecology and habitat requirements of the relevant resources, such as plants, fish and wildlife, in sufficient detail to permit a biologist familiar with similar systems to infer functional relationships (the maps described in above may supply part of this information).

(b) Restoration potentials.

(3) Present and potential adverse physical and biological impacts on the ecosystem.

(4) Alternatives to the proposed development, including different projects and alternative locations.

(5) Mitigation measures, including restoration measures and proposed buffer areas.

(6) If the project includes dredging, explain the following:

(a) The purpose of the dredging.

(b) The existing and proposed depths.

(c) The volume (cubic yards) and area (acres or square feet) to be dredged.

(d) Location of dredging (e.g., estuaries, open coastal waters or streams).

(e) The location of proposed spoil disposal.

(f) The grain size distribution of spoils.

(g) The occurrence of any pollutants in the dredge spoils.

(7) If the project includes filling, identify the type of fill material to be used, including pilings or other structures, and specify the proposed location for the placement of the fill, the quantity to be used and the surface area to be covered.

(8) If the project includes diking, identify on a map the location, size, length, top and base width, depth and elevation of the proposed dike(s) as well as the location, size and invert elevation of any existing or proposed culverts or tide gates.

(9) If the project is adjacent to a wetland and may cause mud waves, a report shall be prepared by a qualified geotechnical engineer which explains ways to prevent or mitigate the problem.

(10) Benchmark and survey data used to locate the project, the lines of highest tidal action, mean high tide, or other reference points applicable to the particular project.

(11) Other governmental approvals as required and obtained. Indicate the public notice number of Army Corps of Engineers permit if applicable.

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

(A) Purpose. The purpose of these procedures is to provide regulations for the development, content, review, and approval of a required wetland restoration plan as a condition of project approval in conjunction with required Coastal Development Permits.

(B) Applicability. These procedures shall apply to all wetland restoration as required, except where the California Coastal Commission retains coastal development permit authority.

(C) Submittal of Tentative Restoration Plan. Whenever wetland restoration is required, copies of a Tentative Wetland Restoration Plan shall be submitted to the Planning and Building Services Department along with the required permit application, and shall be accompanied by a fee established by the Board of Supervisors. The Planning and Building Services Department shall not accept the tentative restoration plan for review if it does not comply with the form, information, analysis, and other requirements for the content of a tentative restoration plan.

(D) Tentative Restoration Plan Content. The restoration plan shall include a detailed description that includes provisions for restoration to at least the minimum required standards and permanent protection of the restoration area. The restoration plan shall also include a description of how the functional capacity of the wetland or estuary will be maintained or enhanced. At a minimum, the restoration plan shall include:

(1) A Resource Inventory and Wetland Impact Analysis. A complete inventory and assessment of plant, fish, and wildlife habitat values which would be affected by the dredging, diking or filling, prepared by a qualified biologist, including:

(a) Any changes in plant and animal natural species diversity, abundance, and composition and an assessment of how, if at all, these affect the long-term stability of the ecosystem (i.e., natural species, diversity, abundance and composition are generally unchanged as a result of the project);

(b) Any impacts to rare or endangered species or their habitat;

(c) Any impacts to a species or habitat essential to the natural biological functioning of the wetland or the estuary ecosystem; and,

(d) Any significant reduction to consumptive values such as fishing, hunting, clamming, or nonconsumptive values such as water quality and research opportunity, values of the wetland or estuarine ecosystem.

(2) A Restoration and Management Objective Statement.

(a) A clear statement of the habitat restoration and management proposed, including their ability to compensate for the habitat damage described in the Resource Inventory and Wetland Impact Analysis in conformance with the required standards; and

(b) Development of specific biological criteria for restoration site and design.

(3) Restoration Alternatives.

(a) A preliminary analysis of alternative restoration sites and designs for restoration which satisfy both the biological objectives as well as the applicable hydrologic, soils, and other engineering criteria;

(b) A ranking of those restoration alternatives based upon the biological engineering feasibility and cost assessment;

(c) A recommended restoration site and project design, including maps(s) at no greater than 1″ = 200′ scale; and

(d) A preliminary proposal for the long-term management of the preferred restoration alternative.

(4) A Tentative Restoration Schedule. At a minimum, restoration shall occur simultaneously with project construction and be completed prior to commencement of operation of the proposed project.

(E) Tentative Restoration Plan Development and Coordination with Affected Public Agencies. The applicant shall coordinate the development of the Tentative Restoration Plan with affected local, state, and federal agencies. The Planning and Building Services Department shall aid the applicant in identifying the affected agencies and in providing County wetland policies and standards.

(F) Review of Tentative Restoration Plan. The County shall review the Tentative Restoration Plan in conjunction with the required Coastal Development Permit.

(G) Content of Required Final Restoration Plan. A Final Restoration Plan shall be prepared by the applicant based on the approving authority approved or conditionally approved tentative restoration plan. In addition, the final plan shall include all of the following:

(1) A complete statement of the restoration objectives;

(2) A complete description of the restoration site including a map of the project site, at a mapping scale no smaller than l″ = 200′;

(3) A complete restoration description including scaled, detailed diagrams, and including:

(a) A grading plan depicting any alterations to topography, natural landforms, and drainage channels and areas where existing fill and debris will be removed;

(b) A vegetation plan including a list of plant species to be eliminated and a list of plant species to be introduced on the restoration site, and describing the methods and proposing a schedule for eliminating and establishing vegetation;

(c) A clear statement of when restoration work will commence and be completed;

(d) Provisions of public access, where appropriate, for public recreation, scientific, and educational use; and

(e) Other measures necessary to achieve restoration objectives and to protect the restoration site from adverse impacts of adjacent development and use.

(f) Provisions for mosquito and vector control.

(4) Provision for Long-Term Management of the Restoration Site. The final plan shall describe the applicant's responsibilities in assuring that the project will be successful, including monitoring and evaluation, and that the restored area is maintained consistent with the plan's restoration objectives. The plan shall include provisions for making repairs or modification to the restoration site necessary to meet the project objectives. The final plan shall provide either that the restoration site shall be owned in fee by an agency or non-profit organization having among its principal purposes the conservation and management of fish and wildlife, or other habitat resources, or shall provide for dedication of an open space or conservation easement over the restoration area to such an agency or organization.

(H) Review and Approval of Final Restoration Plan.

(1) Following staff review of the final restoration plan for conformance with the approved or conditionally approved Tentative Restoration Plan, the Coastal Zoning Administrator shall determine if the Final Restoration Plan is in substantial conformance with the approved tentative plan.

(2) The Coastal Zoning Administrator's determination that the Final Restoration Plan is in substantial conformance with the approved tentative plan, may be appealed pursuant to the appeals procedures of Chapter 20.544.

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

(A) The extent of additional geotechnical study that must accompany Coastal Development applications depends on the site and type of project as follows:

(1) Land Use and Building Type.

(a) Type 1: Public, High Occupancy and Critical Use, including: Hospitals, Fire and Police Station, Communication Facilities, Schools, Auditoriums, Theaters, Penal Institutions, High-rise Hotels, Office and Apartment Buildings (over 3 stories), and Major Utility Facilities.

(b) Type 2: Low Occupancy, including: Low-rise Commercial and Office Buildings (one (1) to three (3) stories), Restaurants (except in high-rise category), and Residential (less than eight (8) attached units and less than 3 stories).

(c) Type 3: Residential (less than eight (8) attached units), and Manufacturing and Storage/Warehouse (except where highly toxic substances are involved which should be evaluated on an individual basis with mandatory geotechnical review.).

(d) Type 4: Open Space, Agricultural, Golf Courses, etc.

(2) Required Studies.

(a) Fault Rupture. Prior to proceedings with any Type 1 development, published geologic information shall be reviewed by an engineering geologist or civil engineer, the site shall be mapped geologically and aerial photographs of the site and vicinity shall be examined for lineaments. Where these methods indicate the possibility of faulting, a thorough investigation is required to determine if the area contains a potential for fault rupture. All applications for development proposals shall be reviewed for compliance with the Alquist-Priolo Special Studies Zone Act pursuant to Subsection (D) below and shall be deemed incomplete until such time as the reviewing geologist report is accepted by the County.

(b) Seismic-Related Ground Failure. Site investigation requirements for seismic-related ground failure are described as follows:

(i) Land Use/Building Type 2 and 3 within Zone 1 (Low): Current building code requirements must be met, as well as other existing state and local ordinances and regulations. A preliminary geotechnical investigation should be made to determine whether or not the hazards zone indicated by the Land Capabilities/Natural Hazards maps is reflected by site conditions.

(ii) Land Use/Building Type 1 within Zone 1 (Low) and Land Use/Building Type 3 within Zones 2 (Moderate) and Zone 3 (High): In addition to Subsection (i), above, geotechnical investigation and structural analysis sufficient to determine structural stability of the site for the proposed use is necessary. It may be necessary to extend the investigation beyond site boundaries in order to evaluate the shaking hazard. All critical use structure sites require detailed subsurface investigation.

(iii) Land Use/Building Type 1 within Zone 2 (Moderate) and Land Use/Building Type 2 within Zones 2 (Moderate) and Zone 3 (High): In addition to Subsections (i) and (ii), above, surface and/or subsurface investigation and analyses sufficient to evaluate the site's potential for liquefaction and related ground failure shall be required.

(iv) Land Use/Building Type 1 within Zone 3 (High): In addition to Subsections (i), (ii) and (iii), detailed dynamic ground response analyses must be undertaken.

(3) Unspecified land uses shall be evaluated and assigned categories of investigation on an individual basis.

(a) Tsunami. Land Use Types 1, 2 and 3 shall not be permitted in tsunami-prone areas. Development of harbors and Type 4 uses should be permitted, provided a tsunami warning plan is established.

(b) Landsliding. All development plans shall undergo a preliminary evaluation of landsliding potential. If landslide conditions are found to exist and cannot be avoided, positive stabilization measures shall be taken to mitigate the hazard.

(B) Review of Geologic Fault Evaluation Report by County Geologist. An application for development which requires a report or waiver prepared pursuant to the Alquist Priolo Act shall not be accepted as complete unless and until there are:

(1) A fully executed agreement between a geologist registered in the State of California and the County to either review the report required hereinabove or to prepare a request for waiver; and

(2) A fully executed agreement between the County and the applicant to reimburse the County for the costs incurred pursuant to the agreement specified in subparagraph (1) above.

Within thirty (30) days of an application for development located within an Alquist-Priolo special study area, the County shall cause a geologist registered in the State of California (hereinafter called County reviewing geologist) to review the geologic report. The review shall assess the adequacy of the documentation contained in the report, and the appropriateness of the depth of study conducted in consideration of the use proposed for the project site. The County reviewing geologist shall prepare a written review which either concurs or does not concur with the scope, methodology, interpretations, conclusions, and recommendations of the geologic report. Said review shall be subject to comment and revision as may be deemed necessary by the County.

Within thirty (30) days after acceptance of the geologic report the County shall forward it to the State Geologist to be placed on open file.

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

Pipelines for natural gas shall be subject to the standards of Section 20.520.025.

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

Each application for onshore oil and gas development shall be processed as two separate Coastal Development Use Permits.

(A) The first Coastal Development Use Permit application shall be limited to an exploratory phase and shall not include provisions for a production phase. Conditions of approval shall relate to installation, operation and completion of the exploratory drilling and shall include restoration of the site and mitigation measures and condition of approval required by all concerned governmental agencies.

(B) A Coastal Development Use Permit application for a development plan shall include:

(1) A review of the Exploratory Phase, including a complete evaluation of the conditions of operation, impact upon the environment and adequacy of the imposed mitigations.

(2) A phasing plan for the staging of development, indicating the anticipated timetable for project installation, completion and decommissioning.

(3) Maps and plans indicating ultimate potential development and its relationship to other structures and nearby areas of coastal resource value, such as sensitive habitats, prime agricultural land, archaeological sites, recreational areas, etc.

(4) A plan for consolidating, to the maximum extent feasible, drilling, production and other accessory facilities, including slant drilling and clustering of wells.

(5) Plans for eliminating or mitigating adverse impacts resulting both from standard siting, construction and operating procedures and from accidents. These shall include landscaping plans, oil spill contingency plans, fire prevention procedures, procedures for transporting and disposing solid and liquid wastes, etc.

(6) Plans and procedures for abandoning and restoring the site to its pre-development condition acceptable to the County.

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

Where public accessways are required for a project as designated on the coastal element land use maps or as a condition of a permit, an offer, in the form and content approved by the Coastal Commission shall be recorded pursuant to Section 20.528.040 and in a manner approved by the Coastal Commission before the coastal permit is issued. Copy of the recorded document shall be submitted to the Department of Planning and Building Services prior to the issuance of the Coastal Development Permit.

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

Application for sand removal, mining and gravel extraction shall contain the following information:

(A) A detailed extraction plan including phases of the operation and amount of material to be removed in each phase and copies of relevant permits or authorizations of other local or State agencies as required.

(B) A detailed reclamation plan.

(C) A monitoring plan to ensure protection of wildlife and plant habitats during extraction operations and which continues through the reclamation phase.

(D) Other governmental approvals as required and obtained.

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

(A) The granting 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 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 property, 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 public services, including but not limited to, solid waste and public roadway capacity have been considered and are adequate to serve the proposed development.

(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 and the Coastal Element of the General Plan.

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

In addition to required findings, the approving authority may approve or conditionally approve an application for a permit or variance within the Coastal Zone only if the following findings, as applicable, are made:

(A) Resource Protection Impact Findings.

(1) Development in Environmentally Sensitive Habitat Areas. No development shall be allowed in an ESHA unless the following findings are made:

(a) The resource as identified will not be significantly degraded by the proposed development.

(b) There is no feasible less environmentally damaging alternative.

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

(2) Impact Finding For Resource Lands Designated AG, RL and FL. No permit shall be granted in these zoning districts until the following finding is made:

(a) The proposed use is compatible with the long-term protection of resource lands.

(B) Agricultural Land Impact Findings.

(1) Development in Agricultural Zones. No development subject to a coastal development use permit shall be issued on agricultural land until the following findings are made:

(a) The project maximizes protection of environmentally sensitive habitat areas;

(b) The project minimizes construction of new roads and other facilities;

(c) The project maintains views from beaches, public trails, roads and views from public viewing areas, or other recreational areas;

(d) The project ensures the adequacy of water, waste water disposal and other services;

(e) The project ensures the preservation of the rural character of the site;

(f) The project maximizes preservation of prime agricultural soils;

(g) The project ensures existing land use compatibility by maintaining productivity of on-site and adjacent agricultural lands.

(2) Impact Findings for Conversion of Prime Agricultural or Williamson Act Contracted Lands. Conversion of prime land and/or land under Williamson Act Contract to non-agricultural uses is prohibited, unless all of the following findings are made. For the purposes of this section, conversion is defined as either development in an AG or RL designation not classified as a residential, agricultural, or natural resource use type or the amending and rezoning of the Coastal Element Land Use Designation AG or RL to a classification other than AG or RL including amendments to add visitor-serving facilities.

(a) All agriculturally unsuitable lands on the parcel have been developed or determined to be undevelopable;

(b) Agricultural use of the soils cannot be successfully continued or renewed within a reasonable period of time, taking into account economic, environmental, social and technological factors;

(c) Clearly defined buffer areas are established between agricultural and non-agricultural uses;

(d) The productivity of any adjacent agricultural lands will not be diminished, including the ability of the land to sustain dry farming or animal grazing;

(e) Public service and facility expansions and permitted uses do not impair agricultural viability, either through increased assessment costs or degraded air and water quality; and

(f) For parcels adjacent to urban areas, the viability of agricultural uses is severely limited by contacts with urban uses, and the conversion of land would complete a logical and viable neighborhood and contribute to the establishment of a stable limit to urban development.

(3) Impact Findings for Conversion of Non-prime Agricultural Lands. Conversion of all other agricultural lands to non-agricultural uses will be prohibited unless it is found that such development will be compatible with continued agricultural use of surrounding lands and at least one of the following findings applies:

(a) Continued or renewed agricultural use is not feasible as demonstrated by an economic feasibility evaluation prepared pursuant to Section 20.524.015(C)(3);

(b) Such development would result in protecting prime agricultural land and/or concentrate development.

(C) Land Division Findings.

(1) All Coastal Land Divisions. No coastal lands shall be divided unless the following findings are made:

(a) The new lots created have or will have adequate water, sewage, including a long term arrangement for septage disposal, roadway and other necessary services to serve them; and

(b) The new lots created will not have, individually or cumulatively, a significant adverse environmental effect on environmentally sensitive habitat areas or on other coastal resources; and

(c) The new lots created will not significantly adversely affect the long-term productivity of adjacent agricultural or timber lands; and

(d) Other public services, including but not limited to, solid waste and public roadway capacity, have been considered and are adequate to serve the proposed parcels; and

(e) The proposed land division meets the requirements of Chapter 20.524 and is consistent with all applicable policies of the Coastal Element.

(2) Land Divisions of Prime Agricultural Lands. No land divisions of prime agricultural lands designated AG or RL shall be approved until a Master Plan is completed which shows how the proposed division would affect agricultural uses on the proposed parcel(s), and the overall agricultural operation on the residual ownership and the following findings are made:

(a) The division will protect continued agricultural use and contribute to agricultural viability;

(b) The division will not conflict with continued agricultural use of the subject property and the overall operation;

(c) The division is only for purposes allowed in AG or RL designations; and

(d) The division will not contribute to development conflicts with natural resource habitats and visual resource policies.

(3) Land Divisions of Non-Prime Agricultural Lands. No lands designated RL or AG shall be divided or converted to non-agricultural use(s) unless at least one of the following findings are made:

(a) Continued or renewed agricultural use is not feasible;

(b) Such conversion would preserve prime agricultural land; or

(c) Such conversion would concentrate development.

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