§126.0704 Exemptions from a Coastal Development Permit

The following coastal development is exempt from the requirement to obtain a Coastal Development Permit:

• (a) Improvements to existing structures are exempt, except if the improvements involve any of the following:

  • (1) Improvements to any structure if the structure or improvements are located: on a beach; in a wetland ; stream; lake; seaward of the mean high tide line; or within 50 feet of a coastal bluff edge .

  • (2) Improvements to any structure that would result in an increase of 10 percent or more of interior floor area or an additional improvement of 10 percent or less where an improvement to the structure had previously been exempted or an increase in building height by more than 10 percent where the structure is located between the sea and first public roadway paralleling the sea or within 300 feet of the inland extent of any beach or of the mean high tide line where there is no beach, whichever is the greater distance. The first public roadway is shown on Map No. C-731 filed in the office of the City Clerk as Document No. 00-17069.

  • (3) Improvements that result in an intensification of use. For purposes of Section 126.0704, intensification of use means a change in the use of a lot or premises which, based upon the provisions of the applicable zone, requires more off-street parking than the most recent legal use on the property.

  • (4) Any significant alteration of land forms including removal or placement of vegetation, on a beach, wetland or sand dune, or within 100 feet of the edge of a coastal bluff .

  • (5) The demolition or removal of 50 percent or more of the exterior walls of the existing structure.

  • (6) The expansion or construction of water wells or septic systems.

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• (7) Any significant non-attached structures such as garages, fences , shoreline protective works or docks on property located between the sea and the first public road paralleling the sea or within 300 feet of the inland extent of any beach or of the mean high tide of the sea where there is no beach, whichever is the greater distance.

• (8) Any improvement to a structure where the Coastal Development Permit issued for the original structure indicated that any future improvements would require a development permit .

• (9) Accessory Dwelling Units and Junior Accessory Dwelling Units that are not completely contained in the existing primary structure or include increases in habitable area or include conversion of nonhabitable space. Such ADUs and JADUs are considered self-contained residential units within new construction and are therefore ineligible for an exemption.

• (b) Repair or maintenance activities are exempt except if the repairs or maintenance involve any of the following:

• (1) Repair or maintenance of a seawall, revetment, bluff retaining wall , breakwater, groin, culvert, outfall, or similar shoreline work that involves substantial alteration to the foundation of the protective work including pilings and other surface or subsurface structures; the placement, whether temporary or permanent, of riprap, artificial berms of sand or other beach materials, or any other forms of solid materials on a beach or in coastal waters, streams, wetlands , estuaries or on a shoreline protective work, unless destroyed by a natural disaster; the replacement of 20 percent or more of the materials of an existing structure with materials of a different kind; the placement, whether temporary or permanent, of mechanized construction equipment on any sand area, coastal bluff , or within 20 feet of coastal waters or streams, except that the use of such equipment solely for routine beach and park maintenance shall not require a Coastal Development Permit.

  • (2) Any repair or maintenance to facilities or structures or any work located within a wetland , any sandy beach area, within 50 feet of a coastal bluff edge or wetland , or within 20 feet of any coastal waters or streams that include; the placement or removal, whether temporary or permanent, of riprap, rocks, sand or other beach materials or any other forms of solid materials or the presence, whether temporary or permanent, of mechanized equipment or construction materials.

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• (c) Any coastal development that has been categorically excluded pursuant to Categorical Exclusion Order No. (Editor’s note: a number will be inserted if and when a Categorical Exclusion Order is issued by the California Coastal Commission.)

• (d) A temporary event which does not meet all of the following criteria:

  • (1) The event is held between Memorial Day weekend and Labor Day; and,

  • (2) The event will occupy all or a portion of a sandy beach or public parking area; and

  • (3) The event involves a charge for general public admission or seating where no fee is currently charged for use of the same area (not including booth or entry fees).

However, a temporary event which does not meet all of the criteria in Sections 126.0704(d)(1)-(3) may require a Coastal Development Permit if the City Manager determines the event has the potential to adversely affect public access to the shoreline and/or environmentally sensitive lands , and the event involves any of the following circumstances:

• (4) The event and its associated activities or access requirements will either directly or indirectly impact environmentally sensitive lands ;

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

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

• (e) Public utility installation of new or increased service to development approved or exempted in the Municipal Code, and public utility repair or maintenance as exempted under the Coastal Commission’s Interpretive Guidelines on Exclusions from Permit Requirements filed with the City Clerk as Document No. OO-17067-2.

• (f) Any action necessary to abate a public nuisance as provided under California Public Resources Code Section 30005(b).

• (g) Agricultural grading on land that has been cultivated within the previous 10 years.

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Chapter 12: Land Development Reviews

• (h) The replacement of any structure destroyed by a disaster, except a public works facility. The replacement structure shall comply with the applicable zone, shall be for the same use as the destroyed structure , shall not exceed the floor area ratio , height, or bulk of the destroyed structure by more than 10 percent, and shall be sited in the same location on the affected property as the destroyed structure .

• (i) Any improvement to a single dwelling unit that constitutes part of a “singlefamily residential building” as defined in title 14, section 13250(a) of the California Code of Regulations and that does not require a coastal development permit pursuant to title 14, section 13250(b) of the California Code of Regulations.

(Amended 7-14-2003 by O-19197 N.S.) (Amended 11-28-2005 by O-19444 N.S.; effective 2-9-2006.) (Amended 8-9-2019 by O-21114 N.S.; effective 9-8-2019.) (Amended 10-30-2020 by O-21254 N.S.; effective 11-29-2020.) (Amended 11-23-2021 by O-21391 N.S.; effective 1-6-2022.) (Amended 7-21-2022 by O-21477 N.S.; effective 9-7-2022.) (Amended 3-7-2023 by O-21618 N.S.; effective 5-6-2023.) (Amended 6-12-2023 by O-21655 N.S.; effective 8-10-2023.)