Article 4 — Permitted Uses

Footnotes: --- (1) ---

Editor's note— Ord. No. 4451, § 4, adopted December 11, 2012, repealed and replaced art. 4, §§ 8174-3—8174-11, in its entirety. Former art. 4 pertained to similar subject matter and was derived from Ord. No. 3788, adopted August 26, 1986; Ord. No. 4055, adopted February 1, 1994; Ord. No. 4219 § 4, adopted 2000 and Ord. No. 4249, adopted November 20, 2001.

8174-1 - Purpose.

The purposes of this Article are to list the uses or types of uses allowed in each zone, and to indicate the type of permit required to establish a particular use in that zone.

(Ord. No. 4451, § 4, 12-11-2012; Ord. No. 4586, 10-19-2021)

8174-2 - Interpretation. 8174-2.1 - Each use is subject to all provisions of this Chapter. 8174-2.2 - Any use requested as an accessory use that is not listed as such in Section 8174-5, but is listed as a principal use, shall be subject to the indicated requirements of the principal use. 8174-2.3 - More than one (1) principal use or principal structure may legally exist on a lot (e.g., agriculture, oil production, a wireless communication facility and/or a residence). 8174-2.4 - For the purposes of this Article, any use listed in matrix form that is indented shall be construed as a subheading of the heading under which it is indented.

(Ord. No. 4451, § 4, 12-11-2012; Ord. No. 4498, § 2, 12-6-2016; Ord. No. 4586, 10-19-2021)

8174-3 - Original permit jurisdiction.

Within the areas described below, the Coastal Commission retains original permit authority under the Coastal Act. All applicants for development proposed within these areas must obtain a Coastal Development Permit from the Coastal Commission in addition to any permits required by the County.

(a)

Tidelands;

(b)

Submerged lands;

(c)

Public trust lands, whether filled or unfilled;

(d)

Ports covered by Chapter 8 (commencing with Section 30700) of the Coastal Act (Port Hueneme);

(e)

State universities or colleges.

(Ord. No. 4451, § 4, 12-11-2012; Ord. No. 4586, 10-19-2021)

8174-4 - Environmentally sensitive habitat areas (ESHA).

Except as allowed by Section 8174-6, a Coastal Development Permit is required for development in an environmentally sensitive habitat area (ESHA) or buffer zone. If a lot is determined to be all or in part within an ESHA or buffer zone, only limited uses are permitted, in accordance with Section 8178-2.5. Additionally, lots located within the Santa Monica Mountains Overlay Zone (denoted

by /M after the base zoning) are subject to specific development standards (see Section 8177-4). Lots in ESHA or buffer zone also are subject to specific development standards (see Section 8178-2).

(Ord. No. 4451, § 4, 12-11-2012; Ord. No. 4586, 10-19-2021)

8174-5 - Permitted uses by zone.

The following zoning matrix (Table 8174-5) establishes the type of permit required for land uses permitted in each zoning district as well as the decision-making authority for each type of permit. See Sections 8174-4 for permitting requirements in an ESHA or buffer zone and Section 8178-2.5 for allowable uses in an ESHA or buffer zone.

PERMIT REQUIREMENTS BY ZONE LAND USE CATEGORY COS CA CR CRE CR1 CR2 RB RBH CRPD CC CM

AGRICULTURE AND AGRICULTURAL OPERATIONS (No Retail Except Produce Stands)

 Animal husbandry (see Sec. 8175-5.2) PDP PDP

 • Apiculture (see Sec. 8175-5.2.1) PDP PDP

 • Structures for up to 25 Animal Units PDP PDP

  If exempt per Sec. 8174-6.3.2, 8174-6.3.4, or 8174- ZC ZC

(*inspection required)

EMERGENCY TREE ALTERATION OR REMOVAL See Sec. 8178-7.5.4

USES AND STRUCTURES, ACCESSORY TO A PD PD COMMERCIAL OR INDUSTRIAL USE

 • If exempt per Sec. 8174-6.3.2, 8174-6.3.4, or 8174-6.3.5 ZC ZC

 Brush or Vegetation Removal Permit May Be Required. See "Brush or Vegetation Removal"

 Dwelling, for Proprietor or Employee (2 nd or 3 rd Floor PDP PD Only)

 • If exempt per Sec. 8174-6.3.2, 8174-6.3.4, or 8174-6.3.5 ZC ZC

 Fences and walls See Dwelling—Accessory Uses and Structures PD PD

• If exempt per Sec. 8174-6.3.2, 8174-6.3.4, 8174-6.3.5, or See Dwelling—Accessory Uses and Structures ZC ZC 8174-6.3.6

 Game Machines, Three or Fewer PD

 Grading, Excavation or Fill Permit May Be Required. See "Grading, Excavation or Fill"

 Improvements to Structures See "Improvements to Structures, other than Single Family Dwellings or Public Works Facilities"

 Recreational Facilities, Restaurants and Cafes: For PD Employees Only

 • If exempt per Sec. 8174-6.3.2, 8174-6.3.4, or 8174-6.3.5 ZC

 Repair of Products Retailed PD

 Temporary Buildings During Construction (see Sec. 8175- PD PD 5.14)

 • If exempt per Sec. 8174-6.3.2, 8174-6.3.4, or 8174-6.3.5 ZC ZC

USES AND STRUCTURES, ACCESSORY, NOT Same permit as principal use OTHERWISE LISTED

VETERINARY CLINICS, Excluding Livestock CUP

 If exempt per Sec. 8174-6.3.2, 8174-6.3.4, or 8174-6.3.5 ZC

WASTE TREATMENT AND DISPOSAL See also "Public Works Facilities"

 Waste Disposal, Including Sanitary Landfills CUP CUP

 • If exempt per Sec. 8174-6.3.2, 8174-6.3.4, 8174-6.3.5, ZC ZC or 8174-6.3.6

Waste Treatment CUP

 • If exempt per Sec. 8174-6.3.2, 8174-6.3.4, 8174-6.3.5, ZC or 8174-6.3.6

 Recycling Facilities and Centers CUP

 • If exempt per Sec. 8174-6.3.2, 8174-6.3.4, 8174-6.3.5, ZC or 8174-6.3.6

WATER FACILITIES See also "Public Works Facilities"

 Water Storage and Distribution Facilities: Private Agencies PD PD PD PD PD PD PD PD PD PD

 • If exempt per Sec. 8174-6.3.2, 8174-6.3.4, or 8174-6.3.5 ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC

 Water Wells, Testing to Determine Water Availability PD PD PD PD PD PD PD PD PD

 • Incidental, appropriate and subordinate to a principally- permitted use

 • With Brush or Vegetation Removal Permit May Be Required. See "Brush or Vegetation Removal"

 • With Grading, Excavation or Fill Permit May Be Required. See "Grading, Excavation or Fill"

                                             See Dwellings—Accessory Uses and Structures, "Antennas, Freestanding" for non-commercial antenna/amateur radios installed as an accessory to a dwelling.

 Stealth facilities, except in the public road right-of-way CUP CUP CUP CUP CUP CUP CUP CUP (see Sec.8175-5.20.3)

 Stealth facilities exclusively located within the public road CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP right-of-way (see Sec. 8175-5.20.3,4)

 Non-Stealth facilities (see Sec. 8175-5.20.3(b)) CUP CUP CUP

 Data Collection Units on existing utility poles within the ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC public road right-of-way (see Sec. 8175-5.20.4)

TABLE KEY:

Approved by E = Exempt* PDP = PD Permit, Principally-Permitted** Approved by Approved by Planning ZC = Zoning Clearance* PW = Public Works Permit Not allowed Exempt Planning Board of Director or PD = Planned Development Permit CUP = Conditional Use Permit Commission Supervisors Designee

* Not Appealable to the Coastal Commission ** Principally-permitted uses are only appealable to the Coastal Commission in accordance with the criteria in Public Resources Code Section 30603(a)1—3 and 5.

(Ord. No. 4451, § 4, 12-11-2012; Ord. No. 4492, § 2, 6-21-2016; Ord. No. 4498, § 2, 12-6-2016; Ord. No. 4520, § 2, 2-27-2018; Ord. No. 4522, § 3, 6-12-2018; Ord. No. 4574, § III, 12-15-2020; Ord. No. 4586, 10-19-2021; Ord. No. 4640, § 3, 12-17-2024)

8174-6 - Statutory exemptions and categorical exclusions.

(a)

Authority. Pursuant to Section 30610 of the Public Resources Code, certain categories of development are statutorily exempt from coastal development permit (Conditional Use Permit, Planned Development Permit, or Public Works Permit) requirements. Pursuant to Section 30610(e) of the Public Resources Code, the Coastal Commission has approved Categorical Exclusion Order E-83-1, as amended by E-83-1A (effective 9/30/1986, amendment effective 2/25/1987), that provides additional exemptions to coastal development permit requirements within Ventura County.

(b)

Zoning Clearance Required. Unless exempt from all permit requirements per Section 8174-5 above, a Zoning Clearance is required from Ventura County for developments exempt from coastal development permit requirements pursuant to this Section.

(Ord. No. 4451, § 4, 12-11-2012; Ord. No. 4586, 10-19-2021)

8174-6.1 - Agricultural exclusions.

(a)

Pursuant to Categorical Exclusion Order E-83-1 (effective 9/30/1986, amendment effective 2/25/1987), the following uses are exempt from coastal development permit requirements when they meet all of the criteria listed in Section 8174-6.1(b):

(1)

The construction or demolition of barns, storage (including equipment storage), and other necessary buildings for agricultural purposes, provided the buildings are used for the sole purpose of commodities grown on the same lot;

(2)

The construction of fences for farm or ranch purposes, provided:

i.

No solid fence designs are used; and

ii.

Fences do not block existing or proposed public equestrian and/or pedestrian trails;

(3)

Greenhouses that do not exceed four hundred (400) square feet in total area;

(4)

Storage tanks and water distribution lines used for on-site agricultural activities;

(5)

Water impoundment projects in canyons and drainage areas, provided:

i.

Canyons and drainage areas are not identified as solid or dashed blue line streams on the USGS 7½-minute quadrangle maps; and

ii.

Projects do not exceed two (2) acre-feet either in actual water impounded or in design capacity.

(b)

Agricultural uses listed in Section 8174-6.1(a) above are exempt from the requirement for a coastal development permit when they meet all of the following criteria:

(1)

Development is located in the CA or COS zones;

(2)

Development is located on lots exceeding ten (10) acres;

(3)

Development is located inland of the following public roadways: U.S. 101 from Rincon Point to the intersection of Harbor Boulevard, Harbor Boulevard south to City of Oxnard corporate boundary at Wooley Road, and Highway 1 on the South Coast; and

(4)

Development is not located:

i.

Within tidelands, submerged lands, or beaches;

ii.

On a lot immediately adjacent to the inland extent of the beach, or of the mean high tide line of the sea where there is no beach;

iii.

Within any stream, wetland, estuary, marsh or lake, or one hundred (100) feet of such areas;

iv.

Within any area defined as riparian habitat or ESHA, or one hundred (100) feet of such areas;

v.

On lands or waters subject to, or potentially subject to, the public trust; or

vi.

Anywhere the policies of the LCP specify a larger geographic area of concern for natural resources, open space, or environmentally sensitive habitat than those areas listed in Sections 8174-6.1(b)(4)i—v above.

(c)

The following uses are not part of this exemption for agricultural uses, and may require a coastal development permit:

(1)

Water wells;

(2)

Equestrian facilities, including, but not limited to, boarding stables, riding areas, and polo fields;

(3)

Greenhouses that exceed four hundred (400) square feet in total area;

(4)

Any structure defined as "a qualified historical building or structure by Section 18955 of the Health and Safety Code;

(5)

Single-family residences;

(6)

Agricultural processing facilities, including storage and accessory structures;

(7)

The removal of vegetation on more than one-half (½) acre of land;* and

(8)

The removal of major vegetation, other than for agricultural purposes.*

(Ord. No. 4451, § 4, 12-11-2012; Ord. No. 4586, 10-19-2021)

*The removal of any amount or type of vegetation may be subject to Coastal Development Permit requirements. See permit requirements for brush or vegetation removal in Section 8174-5.

8174-6.2 - Residential exemptions and exclusions. 8174-6.2.1 - Single-family dwellings.

(a)

Pursuant to Categorical Exclusion Order E-83-1 (effective 9/30/1986, amendment effective 2/25/1987), the construction of single- family dwellings on existing vacant legal lots of record in the following areas* is exempt from coastal development permit requirements, with the exception of dwellings located in the areas listed in Section 8174-6.2.1(b) below:

(1)

Solromar (South Coast Community). The developed areas inland of the Pacific Coast Highway zoned CRE, CR and CRPD;

(2)

Silver Strand/Hollywood-by-the-Sea. The entire unincorporated area inland of the first public road (Ocean Avenue) to the boundary of the U.S. Naval Construction Battalion Center zoned RBH;

(3)

Hollywood Beach. The entire unincorporated area inland of the first public road (Ocean Avenue) to the city limits of Oxnard zoned RBH; or

(4)

North Coast Community. Those lots inland of the first row of lots adjacent to the beach and part of the County Service Area 29 zoned RB.

(b)

Single-Family Dwellings described in Section 8174-6.2.1(a) above shall require a coastal development permit when they are located in the following areas:

(1)

Tidelands, submerged lands, or beaches;

(2)

Lots immediately adjacent to the inland extent of the beach, or of the mean high tide line of the sea where there is no beach;

(3)

Lands or waters subject to, or potentially subject to, the public trust;

(4)

Within any stream, wetland, estuary, marsh or lake, or one hundred (100) feet of such areas; or

(5)

Anywhere the policies of the LCP specify a larger geographic area of concern for natural resources, open space, or environmentally sensitive habitat than those areas listed in Sections 8174-6.2.1(b)(1)—(4) above.

(Ord. No. 4451, § 4, 12-11-2012; Ord. No. 4586, 10-19-2021)

*See also Exclusion Maps in Categorical Exclusion Order E-83-1; effective 9/30/1986, amendment effective 2/25/1987.

8174-6.2.2 - Improvements to existing single-family dwellings.

(a)

Pursuant to Section 30610(a) of the Public Resources Code, improvements to existing, legally-permitted single-family dwellings are exempt from coastal development permit requirements, with the exception of those developments listed in Section 8174-6.2.2(c) below.

(b)

For the purposes of this section, the following are considered part of single-family dwellings:

(1)

All fixtures and other structures directly attached to a dwelling;

(2)

Structures on the property normally associated with a single-family residence, such as garages, swimming pools, fences, and storage sheds; but not including guest houses or self-contained residential units; and

(3)

Landscaping on the lot.

(c)

Pursuant to Section 13250 of Title 14 of the California Code of Regulations, the following improvements to existing single-family dwellings require a coastal development permit because they involve a risk of adverse environmental effects:

(1)

Improvements to a single-family structure if the structure or improvement is located: on a beach, in a wetland, seaward of the mean high tide line, in an ESHA, in an area designated as highly scenic in a certified land use plan, or within fifty (50) feet of the edge of a coastal bluff;

(2)

Any significant alteration of land forms including removal or placement of vegetation, on a beach, wetland, or sand dune, or within fifty (50) feet of the edge of a coastal bluff, or in ESHAs;

(3)

The expansion or construction of water wells or septic systems;

(4)

On property not included in subsection (c)(1) above that is located between the sea and the first public road paralleling the sea or within three hundred (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, or in significant scenic resources areas as designated by the commission or regional commission, improvement that would result in an increase of ten (10) percent or more of internal floor area of an existing structure or an additional improvement of ten (10) percent or less where an improvement to the structure had previously been undertaken pursuant to Public Resources Code Section 30610(a), increase in height by more than ten (10) percent of an existing structure and/or any significant non- attached structure such as garages, fences, shoreline protective works or docks;

(5)

In areas which the commission or a regional commission has previously declared by resolution after public hearing to have a critically short water supply that must be maintained for the protection of coastal resources or public recreational use, the construction of any specified major water using development not essential to residential use including but not limited to swimming pools, or the construction or extension of any landscaping irrigation system;

(6)

Any improvement to a single-family residence where the development permit issued for the original structure by the commission, regional commission, or local government indicated that any future improvements would require a development permit.

(Ord. No. 4451, § 4, 12-11-2012; Ord. No. 4586, 10-19-2021)

8174-6.2.3 - Improvements to residential structures, other than single-family dwellings.

(a)

Pursuant to Section 30610(b) of the Public Resources Code, as it may be amended, improvements to existing legally permitted residential structures, other than single-family dwellings, are exempt from coastal development permit requirements, with the exception of those improvements listed in Section 8174-6.2.3(c) below.

(b)

For the purposes of this section, the following are considered part of residential structures, other than single-family dwellings:

(1)

All fixtures and other structures directly attached to the structure; and

(2)

Landscaping on the lot.

(c)

Pursuant to Section 13253 of Title 14 of the California Code of Regulations, as it may be amended, the following improvements to residential structures, other than single-family dwellings, shall require a coastal development permit because they involve a risk of adverse environmental effect, adversely affect public access, or involve a change in use contrary to the policy of Division 20 of the Public Resources Code:

(1)

Improvement to any structure when the structure or the improvement is located: on a beach; in a wetland, stream, or lake; seaward of the mean high tide line; in an area designated as highly scenic in a certified land use plan; or within fifty (50) feet of the edge of a coastal bluff;

(2)

Any significant alteration of land forms including removal or placement of vegetation, on a beach or sand dune; in a wetland or stream; within one hundred (100) feet of the edge of a coastal bluff, in a highly scenic area, or in an ESHA;

(3)

The expansion or construction of water wells or septic systems;

(4)

On property not included in subsection (c)(1) above that is located between the sea and the first public road paralleling the sea or within three hundred (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, or in significant scenic resource areas as designated by the commission or regional commission an improvement that would result in an increase of ten (10) percent or more of internal floor area of the existing structure, or constitute an additional improvement of ten (10) percent or less where an improvement to the structure has previously been undertaken pursuant to Public Resources Code Section 30610(b), and/or increase in height by more than ten (10) percent of an existing structure;

(5)

In areas which the commission or regional commission has previously declared by resolution after public hearing to have a critically short water supply that must be maintained for protection of coastal recreation or public recreational use, the construction of any specified major water using development including but not limited to swimming pools or the construction or extension of any landscaping irrigation system;

(6)

Any improvement to a structure where the coastal development permit issued for the original structure by the commission, regional commission, or local government indicated that any future improvements would require a development permit;

(7)

Any improvement to a structure which changes the intensity of use of the structure; or

(8)

Any improvement made pursuant to a conversion of an existing structure from a multiple unit rental use or visitor-serving commercial use to a use involving a fee ownership or long-term leasehold including but not limited to a condominium conversion, stock cooperative conversion or motel/hotel timesharing conversion.

(Ord. No. 4451, § 4, 12-11-2012; Ord. No. 4586, 10-19-2021)

8174-6.2.4 - Conversion of residential units.

Pursuant to Section 30610(h) of the Public Resources Code, the conversion of any existing, legally permitted multiple-unit residential structure to a time-share project, estate, or use, as defined in Section 11212 of the Business and Professions Code, is exempt from Coastal Development Permit requirements. If any improvement to an existing structure is otherwise exempt from coastal development permit requirements, no coastal development permit is required for that improvement on the basis that it is to be made in connection with any conversion exempt pursuant to this Section. The division of a multiple-unit residential structure into condominiums, as defined in Section 783 of the Civil Code, shall not be considered a time-share project, estate, or use for purposes of this Section.

(Ord. No. 4451, § 4, 12-11-2012; Ord. No. 4586, 10-19-2021)

8174-6.2.5 - Residential accessory uses and structures.

(a)

Pursuant to Categorical Exclusion Order E-83-1 (effective 9/30/1986, amendment effective 2/25/1987) the following uses and structures accessory to dwellings are exempt from coastal development permit requirements, except when proposed within a location as described in Section 8174-6.2.5(b) below:

(1)

Pet animal keeping consistent with the standards of Section 8175-5.2.4;

(2)

Temporary mobile homes during construction consistent with the standards of Section 8175-5.1(e);

(3)

Exterior storage consistent with the standards of Section 8175-5.1(j);

(4)

Demolition of single-family dwellings, and of accessory structures such as garages, carports and storage sheds;

(5)

Accessory structures normally associated with single-family dwellings, including garages, swimming pools, fences and storage sheds, in accordance with Title 14, California Administrative Code, Section 13250(a) provided that:

i.

The lot contains an existing single-family dwelling;

ii.

The accessory structure is not used for human habitation;

iii.

The accessory structure does not exceed four hundred (400) square feet in aggregate in gross floor area; and

iv.

The structure does not conflict with Title 14, California Code of Regulations, Section 13250(b)(6).

(b)

Residential accessory uses and structures described in Section 8174-6.2.5(a) above shall require a coastal development permit when they are located in the following areas:

(1)

Tidelands, submerged lands, or beaches, or within one hundred (100) feet of such areas;

(2)

Within any ESHA, riparian habitat, river, sand dune, stream, wetland, estuary, marsh, lake, edge of coastal bluff, or one hundred (100) feet of such areas;

(3)

Lands or waters subject to, or potentially subject to, the public trust;

(4)

Lots immediately adjacent to the inland extent of the beach, or of the mean high tide line of the sea where there is no beach;

(5)

Lots between the mean high tide line and the first public road parallel to the sea, or within three hundred (300) feet of the mean high tide line where the nearest public road is not parallel to the sea;

(6)

On slopes greater than twenty (20) percent; or

(7)

Anywhere the policies of the LCP specify a larger geographic area of concern for natural resources, open space, or environmentally sensitive habitat than those areas listed in Sections 8174-6.2.5(b)(1)—(6) above.

(Ord. No. 4451, § 4, 12-11-2012; Ord. No. 4586, 10-19-2021)

8174-6.3 - General exemptions and exclusions. 8174-6.3.1 - Maintenance dredging.

Pursuant to Section 30610(c) of the Public Resources Code, as it may be amended, maintenance dredging of existing navigation channels or moving dredged material from those channels to a disposal area outside the coastal zone, pursuant to a permit from the United States Army Corps of Engineers, is exempt from coastal development permit requirements.

(Ord. No. 4451, § 4, 12-11-2012; Ord. No. 4586, 10-19-2021)

8174-6.3.2 - Repair or maintenance activities.

(a)

Pursuant to Section 30610(d) of the Public Resources Code, as it may be amended, repair or maintenance activities that do not result in additions, enlargements or expansions are exempt from coastal development permit requirements, with the exception of those activities identified in Section 8174-6.3.2(b) below.

(b)

Pursuant to Section 13252 of Title 14 of the California Code of Regulations, the following repair and maintenance activities are not exempt and shall require a coastal development permit because they involve a risk of substantial adverse environmental impact:

(1)

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

i.

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

ii.

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;

iii.

The replacement of twenty (20) percent or more of the materials of an existing structure with materials of a different kind; or

iv.

The presence, whether temporary or permanent, of mechanized construction equipment or construction materials on any sand area, bluff, or environmentally sensitive habitat area (ESHA), or within twenty (20) feet of coastal waters or streams.

(2)

Any method of routine maintenance dredging that involves:

i.

The dredging of one hundred thousand (100,000) cubic yards or more within a 12-month period;

ii.

The placement of dredged spoils of any quantity within an ESHA, on any sand area, within fifty (50) feet of the edge of a coastal bluff or ESHA, or within twenty (20) feet of coastal waters or streams; or

iii.

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

(3)

Any repair or maintenance to facilities or structures or work located in an ESHA, any sand area, within fifty (50) feet of the edge of a coastal bluff or ESHA, or within twenty (20) feet of coastal waters or streams that include:

i.

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

ii.

The presence, whether temporary or permanent, of mechanized equipment or construction materials.

(c)

All repair and maintenance activities governed by the above provisions are subject to the permit regulations promulgated pursuant to the Coastal Act, including but not limited to the regulations governing administrative and emergency permits. The provisions of this section shall not be applicable to methods of repair and maintenance undertaken by the ports listed in Section 30700 of the Public Resources Code, unless so provided elsewhere in the Coastal Act. The provisions of this section shall not be applicable to those activities specifically described in the document entitled Repair, Maintenance and Utility Hookups, adopted by the Coastal Commission on September 5, 1978, unless a proposed activity will have a risk of substantial adverse impact on public access, ESHA, wetlands, or public views to the ocean.

(d)

Unless destroyed by natural disaster, the replacement of fifty (50) percent or more of a single-family residence, seawall, revetment, bluff retaining wall, breakwater, groin or any other structure is not repair and maintenance under Section 8174-6.3.2, but instead constitutes a replacement structure requiring a coastal development permit.

(Ord. No. 4451, § 4, 12-11-2012; Ord. No. 4492, § 2, 6-21-2016; Ord. No. 4586, 10-19-2021)

Note— For additional information regarding repair and maintenance activities excluded from coastal permit requirements (including roads, public utilities, parks, industrial facilities, other structures and dredging and beach alteration) see Repair, Maintenance and Utility Hook-up Exclusions from Permit Requirements, adopted by the Coastal Commission on September 5, 1978.

8174-6.3.3 - Utility connections.

Pursuant to Section 30610(f) of the Public Resources Code, as it may be amended, 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 Chapter is exempt from coastal development permit requirements; provided, however, that the County may, where necessary, require reasonable conditions to mitigate any adverse impacts on coastal resources, including scenic resources.

(Ord. No. 4451, § 4, 12-11-2012; Ord. No. 4586, 10-19-2021)

8174-6.3.4 - Improvements to non-residential structures, other than public works facilities.

(a)

Pursuant to Section 30610(b) of the Public Resources Code, as it may be amended, improvements to existing legally permitted non- residential structures, other than public works facilities, are exempt from coastal development permit requirements, with the exception of those improvements listed in Section 8174-6.3.4(c) below.

(b)

For the purposes of this section, the following are considered part of non-residential structures:

(1)

All fixtures and other structures directly attached to the structure; and

(2)

Landscaping on the lot.

(c)

Pursuant to Section 13253 of Title 14 of the California Code of Regulations, as it may be amended, the following improvements to residential structures, other than public works facilities, shall require a coastal development permit because they involve a risk of adverse environmental effect, adversely affect public access, or involve a change in use contrary to the policy of Division 20 of the Public Resources Code:

(1)

Improvement to any structure when the structure or the improvement is located: on a beach; in a wetland, stream, or lake; seaward of the mean high tide line; in an area designated as highly scenic in a certified land use plan; or within fifty (50) feet of the edge of a coastal bluff;

(2)

Any significant alteration of land forms including removal or placement of vegetation, on a beach or sand dune; in a wetland or stream; within one hundred (100) feet of the edge of a coastal bluff, in a highly scenic area, or in an ESHA;

(3)

The expansion or construction of water wells or septic systems;

(4)

On property not included in subsection (c)(1) above that is located between the sea and the first public road paralleling the sea or within three hundred (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, or in significant scenic resource areas as designated by the commission or regional commission an improvement that would result in an increase of ten (10) percent or more of internal floor area of the existing structure, or constitute an additional improvement of ten (10) percent or less where an improvement to the structure has previously been undertaken pursuant to Public Resources Code Section 30610(b), and/or increase in height by more than ten (10) percent of an existing structure;

(5)

In areas which the commission or regional commission has previously declared by resolution after public hearing to have a critically short water supply that must be maintained for protection of coastal recreation or public recreational use, the construction of any specified major water using development including but not limited to swimming pools or the construction or extension of any landscaping irrigation system;

(6)

Any improvement to a structure where the coastal development permit issued for the original structure by the commission, regional commission, or local government indicated that any future improvements would require a development permit;

(7)

Any improvement to a structure which changes the intensity of use of the structure; or

(8)

Any improvement made pursuant to a conversion of an existing structure from a multiple unit rental use or visitor-serving commercial use to a use involving a fee ownership or long-term leasehold including but not limited to a condominium conversion, stock cooperative conversion or motel/hotel timesharing conversion.

(Ord. No. 4451, § 4, 12-11-2012; Ord. No. 4586, 10-19-2021)

8174-6.3.5 - Disaster replacement of structures.

Pursuant to Section 30610(g) of the Public Resources Code, as it may be amended, the replacement of any legally permitted structure, other than a public works facility, destroyed by a disaster is exempt from coastal development permit requirements. The replacement structure shall conform to applicable existing zoning requirements, 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.

(Ord. No. 4451, § 4, 12-11-2012; Ord. No. 4586, 10-19-2021)

8174-6.3.6 - Other general exclusions.

(a)

Pursuant to Categorical Exclusion Order E-83-1 (effective 9/30/1986, amendment effective 2/25/1987), the following activities are exempt from coastal development permit requirements, except when proposed within a location as described in Section 8174-6.3.6(b) below:

(1)

Fences and walls of six (6) feet or less in height except when such fence or wall may obstruct public access to the beach;

(2)

The installation of irrigation lines;

(3)

Structures, or additions thereto, with an aggregate value of one thousand dollars ($1,000.00) or less;

(4)

The addition of solar collection systems to existing structures;

(5)

Grading, excavation or fill that involves less than fifty (50) cubic yards of material;

(6)

Brush or vegetation removal, other than major vegetation, of less than one-half (½) acre;

(7)

Lot line adjustments that do not result in an increase or potential increase in the number of lots, number of building sites, or density of permitted development;

(8)

Removal of architectural barriers to facilitate access by the physically handicapped;

(9)

Replacement of public works facilities, furnishings, and equipment which shall:

i.

Be for the same use as the structure replaced;

ii.

Not exceed the capacity, surface coverage, height, or bulk of the structure replaced by more than ten (10) percent;

iii.

Be sited in the same location on the affected property or right-of-way; and

iv.

Not include water, sewer and power plants or stations; public transportation stations; oil and gas production, processing or pipelines; and similar development.

(b)

Uses described in Section 8174-6.3.6(a) above shall require a coastal development permit when they are located in the following areas:

(1)

Tidelands, submerged lands, or beaches, or within one hundred (100) feet of such areas;

(2)

Within any ESHA, riparian habitat, river, sand dune, stream, wetland, estuary, marsh, lake, edge of coastal bluff, or one hundred (100) feet of such areas;

(3)

Lands or waters subject to, or potentially subject to, the public trust;

(4)

Lots immediately adjacent to the inland extent of the beach, or of the mean high tide line of the sea where there is no beach;

(5)

Lots between the mean high tide line and the first public road parallel to the sea, or within three hundred (300) feet of the mean high tide line where the nearest public road is not parallel to the sea;

(6)

On slopes greater than twenty (20) percent; or

(7)

Anywhere the policies of the LCP specify a larger geographic area of concern for natural resources than those areas listed in Sections 8174-6.3.6(b)(1)—(6) above.

(Ord. No. 4451, § 4, 12-11-2012; Ord. No. 4586, 10-19-2021)

8174-6.4 - Procedures for categorically excluded developments. 8174-6.4.1 - Records.

The County shall maintain a record of any other permits that may be required for categorically excluded development,* which shall be made available to the Coastal Commission or any interested person upon request.

(Ord. No. 4451, § 4, 12-11-2012; Ord. No. 4586, 10-19-2021)

* See Sections 8174-6.1, 8174-6.2.1, 8174-6.2.5, and 8174-6.3.6.

8174-6.4.2 - Notice.

On the first Monday of each month, the County Planning Division shall notify the District Office of the Coastal Commission, and any person who has requested such notice, of categorical exclusions on a form containing the following information:

(a)

Developer's name;

(b)

Street address and assessor's parcel number of property on which development is proposed;

(c)

Brief description of development;

(d)

Date of application for other local permit(s);

(e)

All terms and conditions of development imposed by the County in granting its approval of such other permits.

(Ord. No. 4451, § 4, 12-11-2012; Ord. No. 4586, 10-19-2021)