Chapter 23.03 — PERMIT REQUIREMENTS

This chapter determines the type of land use permit required to authorize establishment of land uses and activities allowed by the Land Use Element. This chapter requires the use of either the Plot Plan, Minor Use Permit, or Development Plan review processes, based upon the potential effects of a use on its site and surroundings. While this chapter sets land use permit requirements for this title, it does not supersede the requirements of other titles of this code that may be applicable to a particular project, including the requirements of the Building and Construction Ordinance (Title 19 of this code) that certain types of new construction shall not occur without first being authorized by a construction permit, in addition to any land use permit required by this title.

[Amended 1995, Ord. 2715]

The permit requirements of this chapter apply to land uses identified as "A" or "S" or "P" uses in the Land Use Element Allowable Use Charts (Coastal Table O, Part I of the Land Use Element), except for:

a.

Uses required by planning area standards of the Land Use Element (Part II), or policies of the Local Coastal Plan, to have other permit requirements.

b.

Uses identified as "S" (Special Uses) by the Land Use Element Allowable Use Charts (Table O, Part I of the Land Use Element), for which permit requirements are determined by Chapter 23.08 (Special Uses).

c.

Uses required by combining designation standards (Chapter 23.07) or other provisions of this title to have other permit requirements.

d.

Uses or activities exempted from permit requirements by Section 23.03.040 (General Land Use Permit Requirements).

[Amended 1995, Ord. 2715]

This section establishes land use permit requirements for development within the Coastal Zone.

a.

Development Defined. As set forth in Section 30106 of the Coastal Act and for purposes of this title, "development" in the Coastal Zone means:

"On land, in or under water, the placement or erection of any solid material or structure; discharge or disposal of any dredged material or of a gaseous, liquid, solid, or thermal waste; grading, removing, dredging, mining or extraction of any materials; change in the density or intensity of use of land, including, but not limited to, subdivision pursuant to the Subdivision Map Act (commencing with Section 66410 of the Government Code), and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition, or alteration of size of any structure, including any facility of any private, public or municipal utility; and the removal or harvesting of major vegetation other than for agricultural purposes, kelp harvesting, and timber operations which are in accordance with a timber harvesting plan submitted pursuant to the provisions of the Z'Berg-Nejedly Forest Practice Act of 1973 (commencing with Section 4511). As used in this section, "structure includes, but is not limited to, any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line."

b.

Coastal Commission approval required. All applicants for development proposed or undertaken within the Coastal Zone within the following areas shall obtain a Coastal Development Permit from the Coastal Commission in addition to any permits required by this title:

(1)

Tidelands;

(2)

Submerged lands;

(3)

Public trust lands whether filled or unfilled;

(4)

State university or college.

c.

General permit requirement. No development, as defined by subsection a. of this section, shall be undertaken within the Coastal Zone without first obtaining the land use permit required by this chapter or Chapter 23.08 of this title, unless exempted from such permit requirements by this section or the Coastal Act. Land uses allowed within the Coastal Zone are identified by Chapter 7, Part I of the Land Use Element (Coastal Table 'O').

d.

Exemptions from permit requirements. The following types of development within the Coastal Zone are exempt from the land use permit requirements of this title:

(1)

All repair and maintenance activities that do not result in any change to the approved land use of the site or building, or the addition to, enlargement or expansion of the object of such repair or maintenance; or

(2)

Walls or fences of 6'-6" or less in height located in accordance with Section 23.04.190(c) (Fencing and Screening), except when in the opinion of the Planning Director such wall or fence will obstruct views of, or legal access to the tidelands; or

(3)

Open wire fences of any height in the Agriculture and Rural Lands use categories; or

(4)

The remodeling of any building or structure, where:

(i)

The total valuation of work does not exceed $1,500 as determined by the county fee ordinance, and both the building or structure and the proposed modification are in conformity with all applicable provisions of this title; or

(ii)

Interior remodeling does not result in any change of land use, expansion of footprint or height of the building and is in conformance with all applicable provisions of this title and Title 19 (Building and Construction Ordinance); or

(5)

Installation of irrigation lines; or

(6)

Installation, testing, placement in service, or the replacement of any necessary utility connection between an existing service facility and any development that has previously been granted a permit; or

(7)

Subdivision of any existing multi-family residential structure into a time-share project in accordance with Section 30610 of the Coastal Act, provided that there is compliance with the Subdivision Map Act and Real Property Division Ordinance; or

(8)

Public works projects, where such development:

(i)

Involves a state university, college, public trust lands or tidelands (which require a permit from the State Coastal Commission and must meet the requirements of Chapter 3 of the Coastal Act). In such cases, the Local Coastal Plan will serve an advisory function; or

(ii)

Is a minor project that is defined as categorically exempt by Section 30610(e) of the Coastal Act because of geographic area or function and where the categorical exclusion has been approved by the Coastal Commission; or

(iii)

Is the installation, testing, and placement in service or the replacement of any necessary utility connection between an existing service facility and any development approved pursuant to this division; provided that the county may, where necessary, require reasonable conditions to mitigate any adverse impacts on coastal resources including scenic resources; or

(9)

Crop production and grazing where designated allowable by Coastal Table 'O', Part I of the Land Use Element, except where more than one-half acre of native vegetation is proposed to be mechanically removed.

(10)

Changes in the use of an existing building where:

(i)

The proposed use is identified as an allowable use by Coastal Table 'O', Part I of the Land Use Element, is not precluded on the site by planning area standards or land use permit conditions of approval, and will be in compliance with all other applicable provisions of this title; and

(ii)

The proposed use is determined by the Planning Director to be of equal or lower intensity than the existing use, based upon the parking requirements of Sections 23.04.160 et seq. and the Director's evaluation of the two uses; and

(iii)

If the site is within a visitor-serving (V) combining designation, the change in use will not replace a visitorserving use with a non-visitor- serving use; and

(iv)

The proposed use will not require more water than the use being replaced; and

(v)

There will be no structural changes to the exterior of the building other than sign changes; and

(vi)

Zoning clearance (Section 23.02.028) is obtained before establishment of the proposed use;

Except that this exemption shall not apply to any specific use which is required to have Minor Use Permit or Development Plan approval by planning area standards of the Land Use Element or Chapter 23.08 of this title.

Nothing in this section shall be construed as exempting construction activities from the necessity of obtaining building, electrical, plumbing or other permits if required by Title 19 or other title of this code, or a grading permit if required by Section 23.05.020 et seq. of this title.

e.

Site Plan approval requirements. Because the Site Plan approval process originally established in Title 22 of this code has been replaced in this title by the Minor Use Permit process (Section 23.02.033 et seq.), Minor Use Permit approval is required in any case where planning area standards of the Land Use Element, other provisions of this title, or conditions of approval of land use permits approved under the Land Use Ordinance (Title 22 of this code), would otherwise require Site Plan approval.

The type of land use permit required to authorize a proposed land use that is subject to the provisions of this chapter pursuant to Section 23.03.020 is determined by Table 3-A, as follows:

a.

To determine what land use permit is required to establish an allowable use (an "A" or "P" use in Coastal Table O, Part I of the Land Use Element), a proposed project must be compared with each land use and development characteristic listed in the left-hand column of Table 3-A;

b.

When a project involves more than one use listed on the chart or both a listed land use and a listed development characteristic, the most restrictive permit requirement shall apply. (Example: If a commercial building (included under "Retail Trade, Services and all other Non-residential Use Groups") has a proposed 2,300 square foot floor area and is in conjunction with a proposed paved area ("Impervious Surface") greater than one acre, a Minor Use Permit is required even though the square footage of building itself would otherwise require a Plot Plan);

c.

The permit requirement criteria shall be applied to each building site, regardless of intervening lot lines.

[Amended 1995, Ord. 2715]

Notes to Table 3-A:

[1] All criteria are cumulative for a single site (e.g., a proposed 3-unit expansion of an existing 39 unit apartment requires Development Plan approval).

[2] ;hg;Any use normally required by this title to have Plot Plan approval (except signs, pursuant to 23.04.306a) shall instead require Minor Use Permit approval where Section 23.01.043 (Appeals to the Coastal Commission) identifies the proposed project as development which is appealable to the Coastal Commission.

[3] ;hg;Or number of dwellings constructed by a single developer in a single land division recorded before March 19, 1962.

[4] ;hg;Includes all uses listed under the Manufacturing & Processing and Wholesale Trade land use groups by Coastal Table O, Part I of the Land Use Element, and the specific use identified by Coastal Table O as Storage Yards and Sales Lots.

[5] ;hg;Includes all uses listed under the Retail Trade, Services, and all other land use groups by Coastal Table O, Part I of the Land Use Element, except Residential, Manufacturing & Processing, Wholesale Trade and Outdoor Storage.

[6] ;hg;A grading permit, drainage plan review or erosion and sedimentation plan review may be required by Sections 23.05.020 et seq. (Grading) of this title; and/or construction permits may be required by the Building and Construction Ordinance, Title 19 of this code.

[Amended 1995, Ord. 2715]

Pursuant to Section 30610(e) of the Coastal Act, the construction or remodel (including grading or tree removal necessary for construction) of a single-family dwelling on an existing lot is excluded from the

requirement of a coastal development permit under this title, provided that Plot Plan approval, or where applicable a grading permit, is obtained consistent with all applicable provisions this title and the Local Coastal Program and the development:

a.

Is not located in an appealable area and does not constitute appealable development pursuant to Section 23.01.043 of this title; and

b.

Is located within an urban reserve line as shown in the Land Use Element.

The purpose of this section is to establish procedures for the issuance of emergency permits in situations that constitute an emergency as defined by this section. Emergency permits may be granted by the Planning Director as provided by this section, in accordance with Section 30624 of the Coastal Act and Sections 13329 of Title 14 of the California Code of Regulations.

a.

Emergency defined. For the purposes of this section, an emergency is a sudden, unexpected occurrence demanding immediate action to prevent or mitigate loss or damage to life, health, property or essential public services.

b.

Permit procedure. In cases of such emergency, the Planning Director may issue an emergency permit in accordance with the following provisions:

(1)

Applications in cases of emergencies shall be made to the Planning Director in writing if time allows, or by telephone or in person if time does not allow.

(2)

The information to be reported during the emergency, if it is possible to do so, or as soon as possible after the emergency shall include the following:

(i)

The nature of the emergency;

(ii)

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

(iii)

The location of the emergency;

(iv)

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

(v)

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

(3)

The Planning Director shall verify the facts, including the existence and nature of the emergency, insofar as time allows. When reasonable, the Director shall also consult with the California Coastal Commission regarding claims of emergencies. This is critically important when a proposed emergency action may result in development on lands that are within the permit jurisdiction of the California Coastal Commission.

(4)

The Planning Director shall provide public notice of the proposed emergency work, with the extent and type of notice determined by the nature of the emergency.

(5)

The Planning Director may grant an emergency permit upon reasonable terms and conditions, including an expiration date and the necessity for a regular permit application later, is he or she finds that:

(i)

An emergency exists that requires action more quickly than permitted by the procedures for regular permits administered pursuant to this title, and the work can and will be completed within 30 days unless otherwise specified by the terms of the permit;

(ii)

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

(iii)

The work proposed would be consistent with the requirements of the certified Local Coastal Program.

(6)

Within 30 days of the notification required in subsection b(1) of this section, the property owner shall apply for a land use permit as required by this title and any construction permits required by Title 19 of this code. Failure to file the applications and obtain the required permits shall result in enforcement action pursuant to Chapter 23.10 of this code.

(7)

The Planning Director shall not issue an emergency permit for any work to be undertaken on any tidelands, submerged lands, or on public trust lands, whether filled or unfilled; requests for emergency work in these areas shall be referred to the California Coastal Commission.

(8)

The Planning Director shall report emergency permits to the Planning Commission at their next regular meeting and to the Coastal Commission pursuant to Section 23.02.070. The decision to issue an emergency permit is solely at the discretion of the Planning Director although subsequent coastal permits required for the project are subject to all applicable hearing requirements as specified in Title 23.

[Revised 2004, Ord. 2999]

Chapter 23.04 - SITE DESIGN STANDARDS