Part 3 — COASTAL PERMIT

The purpose of the coastal permit is to ensure that development projects in the Coastal Zone Overlay District are consistent with the Local Coastal Land Use Plan and the Local Coastal Implementation Program. This part of the zoning title is also part of the Local Coastal Implementation Plan.

(Ord. 2008-03 § 1 (part), 2008: Ord. 2006-02 § 2 (part), 2006: Ord. 94-33 § 12, 1994: Ord. 8505 § 1 (part), 1985).

The Coastal Zone Overlay District is a district which combines with the underlying zone. The city’s coastal regulations shall prevail where they conflict with regulations governing the underlying district. Any permitted, administrative or special uses in the underlying zoning district within the Coastal Zone Overlay District are subject to coastal permit regulations and findings, and may be authorized only by approval of a coastal permit, except as provided in Section 24.08.230, Exemptions. (Ord. 2008-03 § 1 (part), 2008: Ord. 2006-02 § 2 (part), 2006: Ord. 85-05 § 1 (part), 1985).

An application for a coastal permit shall be reviewed in conjunction with whatever other permits are required for the project in the underlying zone. Uses requiring only a coastal permit shall be acted upon by the zoning administrator. Where a coastal permit is combined with another permit, the approving body for the coastal permit shall be the same as that for the permit required for the underlying zoning district. A public hearing shall be held in all cases, except for accessory dwelling units. (Ord. 2008-03 § 1 (part), 2008: Ord. 2006-02 § 2 (part), 2006: Ord. 2003-17 § 11, 2003: Ord.

2003-16 § 11, 2003: Ord. 85-05 § 1 (part), 1985).

Minor projects, lacking coastal significance, are exempted from the requirements of coastal development permit processing in accordance with the California Coastal Act of 1976 and the California Code of Regulations. Other projects are not subject to local coastal development permit jurisdiction.

(Ord. 2008-03 § 1 (part), 2008: Ord. 2006-02 § 2 (part), 2006: Ord. 95-02 § 2, 1995: Ord. 8505 § 1 (part), 1985).

Upon Commission notification the city shall update this section to remain consistent with legislative amendments to the Coastal Act and the California Code of Regulations, Title 14, California Coastal Commission. No local coastal permit is required for the following activities:

1. Projects described in Repair, Maintenance and Utility Hook-Up Exclusions from Permit Requirements adopted by the California Coastal Commission on September 5, 1978, which is herein incorporated as Appendix II of the excerpted Local Coastal Program document.

2. Projects undertaken by federal agencies.

3. Projects with Coastal Permit. Development authorized by a coastal permit (still valid) issued by the Coastal Commission or in areas where the Coastal Commission retains original permit jurisdiction.

4. Replacement After Natural Disaster. The replacement of any structure, other than a public works facility, destroyed by a natural disaster is exempt; provided, that the replacement structure:

a. Will be for the same use as the destroyed structure; and

b. Will not exceed the floor area, height, or bulk of the destroyed structure by more than ten percent; and

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c. Will be sited in the same location on the affected property as the destroyed structure. 5. Improvements to Existing Single-Family Residences, Including Mobilehomes.

a. Exempt improvements to single-family residences include the following:

(1) Additions and other improvements in the CZ-O Coastal Zone Overlay District but outside the SP-O Shoreline Protection Overlay District to an existing single-family residence, including improvements to any fixtures or other structures directly attached to the residence or to structures on the property normally associated with a single-family residence, such as garages, swimming pools, fences, storage sheds, decks, gazebos, patios, greenhouses, driveway paving, and other similar non-habitable improvements;

(2) On property located within the SP-O Shoreline Protection Overlay District, improvements that would not result in an increase in height of ten percent or more or an increase of ten percent or more of internal floor area of an existing structure, or an additional improvement of ten percent or less where an improvement to the structure had previously been undertaken pursuant to this section, and not including any non-attached structure such as garages, fences, shoreline protective works or docks;

(3) Landscaping on the lot.

b. This exemption for improvements to single-family residences, including mobilehomes, does not include the following:

(1) Additions to single-family residences where the development permit issued for the original structure by the city or Coastal Commission indicated that any future additions would require a coastal permit;

(2) Where the structure is located on a beach, wetland, or seaward of the mean hightide line; where the residence or proposed improvement would encroach within fifty feet of the edge of a coastal bluff;

(3) Where the improvement would involve any significant alteration of land forms on a

beach, wetland, or sand dune, or is within one hundred feet of a coastal bluff or within any natural resource or natural hazard area as indicated in the Local Coastal Program;

(4) In areas having a critically short water supply as declared by resolution of the Coastal Commission, construction of major waterusing development not essential to residential use such as swimming pools or extension of landscape irrigation systems;

(5) Expansion or construction of water wells or septic systems.

6. Improvements to Existing Duplexes and Multifamily Residences.

a. Exempt improvements to duplexes and multifamily residences include the following:

(1) Additions and other improvements in the CZ-O Coastal Zone Overlay District but outside the SP-O Shoreline Protection Overlay District to an existing duplex or multifamily residence, including improvements to any fixtures or other structures directly attached to the residence or to structures on the property normally associated with a duplex or multifamily residence, such as garages, swimming pools, fences, storage sheds, decks, gazebos, patios, greenhouses, driveway paving, and other similar non-habitable improvements;

(2) On property located within the SP-O Shoreline Protection Overlay District, improvements that would not result in an increase in height of ten percent or more or an increase of ten percent or more of internal floor area of an existing structure, or an additional improvement of ten percent or less where an improvement to the structure had previously been undertaken pursuant to this section, and not including any non-attached structure such as garages, fences, shoreline protective works or docks;

(3) Landscaping on the lot. b. This exemption for improvements to duplexes and multifamily residences, including mobilehomes, does not include the following:

(1) Additions to duplexes or multifamily residences where the development permit

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issued for the original structure by the city or Coastal Commission indicated that any future additions would require a coastal permit;

(2) Where the structure is located on a beach, wetland, stream or lake; seaward of the mean high-tide line; where the structure or proposed improvement would encroach within fifty feet of the edge of a coastal bluff;

(3) Where the improvement would involve any significant alteration of land forms on a beach, wetland, or sand dune, or is within one hundred feet of a coastal bluff or within any natural resource or natural hazard area as indicated in the Local Coastal Program;

(4) Improvement which would change the type or intensity of use of the structure;

(5) In areas having a critically short water supply as declared by resolution of the Coastal Commission, construction of major waterusing development not essential to residential use such as swimming pools or extension of landscape irrigation systems;

(6) Expansion or construction of water wells or septic systems.

7. Interior Remodeling. Interior remodeling, residential and non-residential, is exempt except where the use is being converted into a more intensive use or results in a loss of visitorserving or public-access facilities.

8. Any activity that involves the conversion of any existing multiple-unit residential structure to a time-share project, estate or use, as defined in Section 11003.5 of the Business and Professions Code, is exempt except that the division of a multiple-unit residential structure into condominiums shall not be considered a time-share project, estate, or use.

9. Maintenance Dredging. Maintenance dredging of existing navigation channels or moving dredge material from such channels to a disposal area outside the Coastal Zone, pursuant to a permit from the United States Army Corps of Engineers.

10. Repair and Maintenance Activity. Repair or maintenance activities that do not result in an addition to, or enlargement or

expansion of, the object of those repair or maintenance activities; however, the following extraordinary methods of repair and maintenance shall require a coastal development permit because they involve a risk of substantial adverse environmental impact:

a. Any method of repair or maintenance of a seawall revetment, bluff retaining wall, breakwater, groin, culvert, outfall, or similar shoreline work that involves:

(1) Repair or maintenance involving substantial alteration of the foundation of the protective work including pilings and other surface or subsurface structures;

(2) The placement, whether temporary or permanent, of rip-rap, 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 and lakes or on a shoreline protective work, except for agricultural dikes within enclosed bays or estuaries;

(3) The replacement of twenty percent or more of the materials of an existing structure with materials of a different kind; or

(4) The presence, whether temporary or permanent, of mechanized construction equipment or construction materials on any sand area or bluff or within twenty feet of coastal waters or streams.

b. Any method of routine maintenance dredging that involves:

(1) The dredging of one hundred thousand cubic yards or more within a twelve-month period;

(2) The placement of dredged spoils of any quantity within an environmentally sensitive habitat area, or any sand area, within fifty feet of the edge of a coastal bluff or environmentally sensitive habitat area, or within twenty feet of coastal waters or streams; or

(3) The removal, sale, or disposal of dredged spoils of any quantity that would be suitable for beach nourishment in an area the Commission has declared by resolution to have a critically short sand supply that must be main-

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tained for protection of structures, coastal access or public recreational use.

c. Any repair or maintenance to facilities or structures or work located in an environmentally sensitive habitat area, any sand area, within fifty feet of the edge of a coastal bluff or environmentally sensitive habitat area, or within twenty feet of coastal waters or streams that include:

(1) The placement or removal, whether temporary or permanent, of rip-rap, rocks, sand or other beach materials or any other forms of solid materials;

(2) The presence, whether temporary or permanent, of mechanized equipment or construction materials. 11. Land Division. Land division brought about in connection with the acquisition of such land by a public agency for recreational purposes.

12. Non-Major Vegetation Removal.

a. Trees, fourteen inches and less in diameter, and shrub removal and trimming not subject to the heritage tree provisions (Chapter 9.56 of the Municipal Code) and not located in a Vegetation Community (Map EQ-8) or otherwise identified by the Local Coastal Program, including area and specific plans as within an area of potentially significant natural resources or in an erosion hazard area, are exempted except when located seaward of the first public road paralleling the sea.

b. Weed abatement not located in a Vegetation Community (Map EQ-8) or otherwise identified by the Local Coastal Program, including area and specific plans as within an area of potentially significant natural resources or in an erosion hazard area is exempted except when located seaward of the first public road paralleling the sea.

13. Portions of Projects. Portions of projects on portions of parcels outside the CZO are exempt.

(Ord. 2008-03 § 1 (part), 2008: Ord. 2006-02 § 2 (part), 2006: Ord. 95-02 § 3, 1995: Ord. 94-

53 § 1, 1994: Ord. 94-33 § 13, 1994: Ord. 8505 § 1 (part), 1985).

Projects which will not result in a potential for any significant adverse effect, either individually or cumulatively, on coastal resources or on public access to, or along, the coast are excluded from the requirements of coastal development permit processing as authorized by and in accordance with the procedures certified by the Coastal Commission.

The Coastal Commission original jurisdiction and areas of deferred certification are not subject to local government coastal permit jurisdiction and, hence, are not excludable. In addition to this limitation and pursuant to Coastal Act Section 30610.5(b), tide and submerged land, beaches, and lots immediately adjacent to the inland extent of any beach, or of the mean high tide line of the sea where there is no beach, and all lands and waters subject to the public trust, shall not be excluded from coastal permit requirements.

Excluded projects as delineated below do not need to obtain a coastal permit; provided, that a notice of exclusion is issued pursuant to Section 24.08.230.3. Requirements for any other city permit are unaffected by this section. Challenges to determination of exclusion may be made pursuant to Section 24.08.230.4.

A. Within Coastal Exclusion Zone A as identified on the Local Coastal Exclusion Map no coastal development permits shall be required for all categories of development, except that projects undertaken by public agencies must meet the terms of subsection (B)(2) of this section, on commercial, industrial, public and quasi-public development, to be excludable.

B. Coastal Exclusion Zone B is the Santa Cruz City Coastal Zone but not (a) including the Coastal Appeal Zone/Shoreline Protection District or projects otherwise appealable to the Coastal Commission pursuant to Section 24.04.186, or (b) within any natural resource,

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natural hazard area, or cultural resource area identified in the Local Coastal Program. The following categories of development are excluded from coastal development permits:

1. Residential Development – One to Four Units, Including Construction of Guest Houses or Habitable Accessory Structures. The construction, reconstruction, demolition, relocation, or alteration of the size of any residential project (one to four units) on existing lots at densities specified in the Land Use Plan, on lots of record or lot combinations legal as of the date of Local Coastal Program certification.

2. Commercial, Industrial, Public and Quasi-Public Development.

a. Except as indicated in subsection (B)(2)(b) of this section, the exclusion for commercial, industrial, public and quasi-public development includes the following:

(1) The construction, reconstruction, demolition, relocation or alteration in size of any commercial structure less than five thousand square feet in size on legal lots of record zoned for commercial use; this exclusion also applies to additions to existing structures where the resulting size is five thousand square feet or less;

(2) Change of commercial, industrial, public or quasi-public use in an existing structure; (3) Outdoor sales. b. This exclusion for commercial, industrial, public or quasi-public development does not include:

(1) Any improvement made pursuant to a conversion of an existing structure occupied by visitor-serving hotels, motels or other accommodations.

3. Agricultural-Related Development. Agricultural-related development, as listed below, on all lands designated E-A-20 on the City Zoning Map, except on parcels less than ten acres in size:

a. The construction, improvement or expansion of barns, storage buildings, equipment buildings and other buildings necessary for agricultural support purposes; provided,

that such buildings will not exceed forty feet in height; will not cover more than ten thousand square feet of ground area, including paving; and will not include agricultural processing plants, greenhouses or mushroom farms;

b. Improvement and expansion of existing agriculturally related processing plants, mushroom farms or greenhouses; provided, that such improvements will not exceed forty feet in height, and will not increase ground coverage by more than twenty-five percent or ten thousand square feet, whichever is less. This type of development may be excluded only one time per record parcel of land. If improvement or expansion is proposed after such development pursuant to this exclusion has been carried out, then a coastal permit must be obtained for the subsequent development;

c. Paving in association with development listed in subsections (3)(a) and (b) of this section, provided it will not exceed ten percent of the ground area covered by the development; d. Fences for farm or ranch purposes, except any fences which would block existing equestrian and/or pedestrian trails;

e. Water wells, well covers, pump houses, water storage tanks of less than ten thousand gallons’ capacity and water distribution lines, including up to fifty cubic yards of associated grading;

f. Water pollution control facilities for agricultural purposes if constructed to comply with waste discharge requirements or other order of the Regional Water Quality Control Board.

4. Major Vegetation.

a. Tree Removal. Tree removal and trimming subject to the heritage tree provisions (Chapter 9.56 of the Municipal Code) except when located in a Vegetation Community (Map EQ-8) or otherwise identified by the Local Coastal Program, including area and specific plans as within an area of potentially significant natural resources or erosion hazards.

b. Land Clearing. Land clearing except when located in a Vegetation Community

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(LUP Map EQ-8) or otherwise identified by the Local Coastal Program, including area and specific plans as within an area of potentially significant natural resources or erosion hazards.

5. Boundary Adjustments. Boundary adjustments not resulting in an increase in the number of building sites, buildable lots, or density of permitted development. 6. Grading and Filling. a. Grading and filling in conjunction with an approved project; or

b. Grading and filling not subject to conservation regulations.

7. Temporary Structures. All temporary (six months or less; nonrenewable) structures and uses consistent with the conservation and cultural resource regulations and do not conflict with public access and access policies.

8. Other Excluded Development. a. Signs. All signs are excluded except those signs governing shoreline access;

b. Bikeways. Construction of new bikeways (within existing rights-of-way), except if new construction reduces parking in the Beach Recreation or Seabright Beach Areas;

c. Exclusion of Temporary Events. Special events shall be evaluated for exclusion status by the city pursuant to Coastal Commission Guidelines for Exclusion of Temporary Events from Coastal Commission Permit Requirements (adopted May 12, 1994) in consultation with the Executive Director. The Executive Director shall retain exclusion review authority if it is determined that there are significant adverse impacts on coastal resources.

C. Coastal Exclusion Zone C is the Santa Cruz City Coastal Appeal Zone. The following categories of development are excluded from coastal development permits:

1. Signs. All signs are excluded except freestanding signs over eight feet in height and those signs governing shoreline access.

2. Bikeways. Construction of new bikeways (within existing rights-of-way), except if new construction reduces parking in the Beach Recreation or Seabright Beach Areas.

3. Exclusion of Temporary Events. Special events shall be evaluated for exclusion status by the city pursuant to Coastal Commission Guidelines for Exclusion of Temporary Events from Coastal Commission Permit Requirements (adopted May 12, 1994) in consultation with the Executive Director. The Executive Director shall retain exclusion review authority if it is determined that there are significant adverse impacts on coastal resources.

4. Temporary Structures Pursuant to Subsection (B)(7) of this Section.

D. Determination of Excludability. This exclusion shall apply to the permit requirements of the Coastal Act of 1976, pursuant to Public Resources Code Sections 30610(e) and 30610.5(b), and shall not be construed to exempt any person from the permit requirements of any other federal, state or local government agency.

The determination of whether a development is categorically excluded for purposes of notice, hearing and appeals shall be made by the zoning administrator at the time the application for development within the Coastal Zone is submitted. This determination shall be made with reference to the certified Local Coastal Program, including any maps, categorical exclusions, land use designations and zoning ordinances which are adopted as part of the Local Coastal Program. Only developments which fully comply with the policies and ordinances of the certified Local Coastal Program may be excluded under this categorical exclusion. Where an applicant, interested person, or the zoning administrator has a question as to the appropriate designation for the development, the following procedures shall establish whether a development is categorically excluded:

stal Program. Only developments which fully comply with the policies and ordinances of the certified Local Coastal Program may be excluded under this categorical exclusion. Where an applicant, interested person, or the zoning administrator has a question as to the appropriate designation for the development, the following procedures shall establish whether a development is categorically excluded:

a. The zoning administrator shall make a determination as to what type of development is being proposed (i.e., categorically excluded) and shall inform the applicant of the notice and hearing requirements for that particular development.

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b. If the determination of the zoning administrator is challenged or if he/she wishes to have the Coastal Commission determine the appropriate designation, he/she shall notify the Commission by telephone of the dispute/question and shall request an Executive Director’s opinion.

c. The Executive Director of the Coastal Commission shall, within two working days of the zoning administrator’s request (or upon completion of a site inspection where such inspection is warranted), transmit determination as to whether the development is categorically excluded.

d. Where, after investigation, the Executive Director’s determination is not in accordance with the zoning administrator’s determination, the Coastal Commission shall hold a hearing for purposes of determining the appropriate designation for the area. The Coastal Commission shall schedule the hearing on the determination for the next practicable Commission meeting in the appropriate geographic region of the state following the zoning administrator’s request.

(Ord. 2008-03 § 1 (part), 2008: Ord. 2006-02 § 2 (part), 2006: Ord. 95-02 § 4, 1995: Ord. 9453 § 2, 1994: Ord. 94-33 § 14, 1994: Ord. 8939 § 1, 1989: Ord. 85-05 § 1 (part), 1985).

Notices of exclusion shall be issued on forms prepared for that purpose by the department of planning and community development and shall indicate the developer’s name, street address, if any, and assessor’s parcel number(s) of the project site, a brief description of the development, and the date(s) of application for any other permit(s). A copy of the notice of exclusion shall be provided to the Coastal Commission and to any person who has requested such notice within five working days of issuance. The notice of exclusion may be issued at the time of project application but shall not become effective until all other approvals and permits required for the project

are obtained. A copy of all terms and conditions imposed by the city shall be provided to the Coastal Commission.

(Ord. 2008-03 § 1 (part), 2008: Ord. 2006-02 § 2 (part), 2006: Ord. 94-53 § 3, 1994: Ord. 8505 § 1 (part), 1985).

In the case of disputes over the city of Santa Cruz’s determination of coastal permit requirement, exclusion or applicable hearing and appeals procedures, the planning director shall request an opinion of the Executive Director of the Coastal Commission. Local acceptance for filing and/or processing of the permit application shall cease until the department of planning and community development receives the determination of appropriate process from the Executive Director of the Coastal Commission or the Coastal Commission.

(Ord. 2008-03 § 1 (part), 2008: Ord. 2006-02 § 2 (part), 2006: Ord. 94-53 § 4, 1994: Ord. 8505 § 1 (part), 1985).

Nothing in this part shall prevent demolition or the strengthening or restoring to a safe condition of any building or structure declared unsafe by the building official or fire marshal. (Ord. 2008-03 § 1 (part), 2008: Ord. 2006-02 § 2 (part), 2006: Ord. 85-05 § 1 (part), 1985).

Access easements may be required to create and/or maintain existing public access to the coastline or in accordance with Local Coastal Plan policy.

(Ord. 2008-03 § 1 (part), 2008: Ord. 2006-02 § 2 (part), 2006: Ord. 85-05 § 1 (part), 1985).

The hearing body must find that the development is consistent with the General Plan, the

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Local Coastal Land Use Plan and the Local Coastal Implementation Program and will:

1. Maintain views between the sea and the first public roadway parallel to the sea;

2. Protect vegetation, natural habitats and natural resources consistent with the Local Coastal Land Use Plan;

3. Be consistent with any applicable design plans and/or area plans incorporated into the Local Coastal Land Use Plan;

4. Maintain public access to the coast along any coastline as set forth in the Local Coastal Land Use Plan;

5. Be consistent with the Local Coastal Land Use Plan goal of providing visitor-serving needs as appropriate;

6. Be consistent with the Local Coastal Land Use Plan goal of encouraging coastal development uses as appropriate. (Ord. 2008-03 § 1 (part), 2008: Ord. 2006-02 § 2 (part), 2006: Ord. 85-05 § 1 (part), 1985).

Within seven calendar days of the final local action on a coastal permit, the city shall provide notice of its action by first class mail to the Coastal Commission and to any persons who specifically requested notice of such final action by submitting a self-addressed, stamped envelope to the department of planning and community development. Such notice shall include conditions of approval and written findings and the procedures for appeal of the local decision to the Coastal Commission. Appealable coastal permits shall not be deemed complete and a final action taken until all local rights of appeal have been exhausted.

(Ord. 2008-03 § 1 (part), 2008: Ord. 2006-02 § 2 (part), 2006: Ord. 94-33 § 15, 1994: Ord. 8505 § 1 (part), 1985).