Chapter 24.515

COASTAL PERMIT PROCEDURE

Sections:

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

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• 24.515.010 Chapter Description.

• 24.515.020 Types of Coastal Permits.

• 24.515.030 Initiation.

• 24.515.040 Determination of Appeal Status.

• 24.515.050 Categorical Exclusions and Permit Exemptions.

• 24.515.060 Zoning Clearance.

• 24.515.070 Administrative Coastal Development Permit. 24.515.080 Coastal Development Permit. 24.515.090 Emergency Coastal Permit. 24.515.100 Notice and Hearing. 24.515.110 Conditions of Approval. 24.515.120 Action by Decision-Making Authority. 24.515.130 Appeals.

• 24.515.140 Written Acknowledgment Required.

• 24.515.150 Expiration.

• 24.515.160 Failure to Comply With Conditions. 24.515.170 Permit Amendment.

Chapter 24.515 establishes the coastal permit procedure to insure that all development authorized in the coastal zone is in conformance with the provisions of this zoning ordinance and, more particularly, with the local coastal program implementation provisions of this zoning ordinance and with the coastal land use portions of the comprehensive plan. The provisions of this chapter shall apply and be deemed enacted and effective as of December 8, 1983. (Code 1971, § 15.815.010)

All development within the CP Coastal Protection Overlay Zone shall be subject to review pursuant to this chapter. The types of development review are classified as follows:

1. Zoning Clearance. A zoning clearance is a ministerial, non-discretionary certificate issued by the director pursuant to section 24.515.060.

2. Administrative Coastal Development Permit. An administrative coastal development permit is a coastal permit required to authorize any of the development activities set forth in section 24.515.070 and is subject to the approval of the director.

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

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3. Coastal Development Permit. A coastal development permit is a coastal permit required to authorize any of the development activities set forth in section 24.515.080 and is subject to the approval of the planning commission.

4. Emergency Coastal Permit. An emergency coastal permit is a coastal permit required to authorize any of the development activities set forth in section 24.515.090 and is subject to the approval of the director. (Code 1971, § 15.815.020)

A request for a coastal permit may be initiated by the planning commission or the city council, or by application pursuant to section 24.500.030. (Code 1971, § 15.815.030)

The determination of whether a development is categorically excluded, non-appealable or appealable for purposes of notice, hearing, and appeals procedures shall be made by the director at the time an application for development within the coastal zone is accepted for filing. When an applicant, interested person, or the city has a question as to the appropriate designation for the development, the following procedures shall apply:

1. City Determination. The director shall make a determination as to what type of development is being proposed and shall inform the applicant of the notice and hearing requirements for that particular development.

2. Request for Opinion. If that determination is challenged by the applicant or an interested party, or if the city wishes to have the coastal commission’s determination of the appropriate designation, the city shall notify the coastal commission of the dispute/question and request the determination of the executive director. (Code 1971, § 15.815.040)

The following types of activities, development and uses are exempt from the permit requirements of this chapter but shall be subject to development reviews and require a zoning clearance pursuant to section 24.515.060:

1. Repair and Maintenance Activities. Repair and maintenance activities that do not result in addition to, enlargement or expansion of, the object of such repair or maintenance activities and public works facilities being restored to design capacities are exempt, except for:

• a. Repair or maintenance of an inland bluff retaining wall, culvert, or similar work that involves:

  1. Substantial alteration of the foundation of the protective work, including pilings and other surfaces or subsurface structures. Alteration is substantial if the structure or portion of it is placed or removed and replaced in a different location, whether seaward or landward;

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

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2. The replacement of 20 percent or more of the materials of an existing structure with materials of a different kind; or

3. The presence, whether temporary or permanent, of mechanized construction equipment or construction materials on any sand area or bluff or within 100 feet of coastal waters or streams.

• b. Any repair or maintenance to facilities or structures or work located in an environmentally sensitive habitat area, any sand area, within 100 feet of the edge of a coastal bluff or environmentally sensitive habitat area, or within 100 feet of coastal waters or streams that requires a coastal development permit.

• c. Construction, repair or maintenance of any seawall or beach revetment structure.

2. Minor Development. Except when proposed on a beach, wetland, sand dune, estuary, stream, river or edge of a coastal bluff, or within 100 feet of such areas; on any area defined as a riparian habitat or environmentally sensitive habitats or their buffers, by the comprehensive plan; or, on slopes greater than 20 percent, the following types of development are exempt:

• a. Fences and walls of six feet or less in height and gate posts of eight feet or less in height, except when such wall or fence will obstruct, or otherwise limit, public access to the beach or other facilities to which access is protected under the Coastal Act.

• b. Installation of irrigation lines.

• c. Installation, testing, placement in service, or the replacement of any necessary utility connection

between an existing service facility and any development that has been granted a coastal or administrative coastal development permit.

• d. Buildings or structures having an aggregate value of less than $1,000.00.

• e. The addition of solar collection systems to existing buildings or structures.

f. Grading which does not involve 100 cubic yards or more of material, and brush or vegetation removal on less than one-half acre of land and not within 100 feet of any wetland, estuary, stream or not within 300 feet of the top of the seaward face of any coastal bluff or any area defined in the comprehensive plan as sensitive habitat, or their buffer zones.

g. Lot line adjustments not resulting in an increase or potential increase in the number of lots, number of building sites, or density of permitted development, and which do not create an unbuildable or otherwise substandard lot.

h. Encroachment Permits for activities described in the document entitled “Repair Maintenance and Utility Hookups”, adopted by the coastal commission, September 5, 1978.

• i. Street closure permits on streets in-land of, and not including the first public through road paralleling the

sea.

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

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j. The construction, reconstruction, demolition, repair, maintenance, alteration, or addition to any one-or two-unit residential development or accessory structure which does not require any other discretionary permit pursuant to this zoning ordinance.

1. This exclusion applies only if the lot or lot combination was legally in existence as of the date of the local coastal program certification, November 7, 1983.

2. This exclusion shall not apply to any development that would be “appealable development” pursuant to Public Resources Code Section 30603.

k. The construction, reconstruction, demolition, repair, maintenance, alteration or addition to any structure employed for a “primary permitted use” listed in the city’s certified local coastal program as permitted by right in those commercial and industrial zones within the city’s coastal zone area, as shown on the official exclusion maps.

1. This exclusion shall not apply to any development which requires any discretionary permit pursuant to this zoning ordinance.

2. This exclusion shall not apply if the lot or lot combination was not legally in existence as of the date of local coastal program certification.

3. This exclusion shall not apply to those properties located along Thompson Boulevard, between Palm Street and Santa Cruz Street, which contain identified low- and moderate-cost visitor-serving facilities, or to those properties immediately abutting such uses.

4. This exclusion shall not apply to the area west of the Ojai Freeway, State Route 33.

5. This exclusion shall not apply to any development exceeding either 45 feet or three stories in height.

6. This exclusion shall not apply to any development within the “appeal zone” as depicted on the certified map of the coastal commission’s post-certification jurisdiction.

l. Agriculturally related development as listed below, located on all lands designated for agricultural use on the coastal land use plan, except for lands between the sea and the first public through road paralleling the sea and public trust lands, or potential public trust lands as shown on the state lands division trust claims map.

1. The construction, improvement, expansion, or demolition of barns, storage buildings, equipment buildings, and other necessary buildings for agricultural purposes, provided the buildings are for the sole purpose of commodities grown on the subject parcel, and provided that such buildings do not exceed 30 feet in height, do not cover more than 10,000 square feet of ground area, including paving, and do not include agricultural buildings. For purposes of this section, “agricultural building” means a greenhouse, hot house, lathe house, building for mushroom production, and similar structure, typically enclosed with glass, plastic, or lattice work, with or without impervious flooring, used for ground, container, or shelfbased agricultural production.

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

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  2. Paving, provided it does not exceed ten percent of the ground area covered by that development. 

  3. Fences for farm or ranch purposes, except any fence which would block existing equestrian and/or pedestrian trails. 

  4. Water wells, well covers, pump houses, water storage tanks of less than 10,000 gallons capacity and water distribution lines, including up to 50 cubic yards of associated grading, provided such water facilities are used for on-site agriculturally related purposes only. 

3. Non-Exempt Agricultural Uses. The following developments are not exempt from the coastal permit requirements of this chapter, notwithstanding their development on land designated for agricultural use:

   • a. Equestrian facilities including, but not limited to, boarding stables, riding area, and polo fields.

   • b. Greenhouses which exceed 400 square feet in total area on the parcel.

   • c. Any structure defined as “a qualified historical building or structure” by Health and Safety Code Section 18955, as amended.

   • d. Agricultural processing facilities, including storage and accessory structures.

   • e. The removal of a non-agricultural vegetation or the removal of major vegetation for non-agricultural purposes. Major vegetation includes grassland, coastal scrub, riparian vegetation, native and non-native trees other than landscaping with development. (Code 1971, § 15.815.050)

A zoning clearance is required prior to the initiation of uses of land or structures, the construction of structures requiring building permits, or the commencement of any activity authorized by a discretionary permit granted in accordance with this zoning ordinance and for any activity or development exempt from other requirements of this chapter pursuant to section 24.515.050.

1. Criteria. A zoning clearance shall be issued upon the request of an applicant provided that the request in question:

   • a. Is permissible under the present zoning on the land;

   • b. Is compatible with the purpose, intent, goals, policies, programs and land use designations specified in the comprehensive plan;

   • c. Complies with the applicable terms and conditions of any discretionary permit authorizing the use in question; and

d. Is not located on the same site where there are existing violations of this zoning ordinance, including, without limitation, violations of the terms of a discretionary permit or approval relating to the site.

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

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2. Expiration. Zoning clearances shall expire 180 days after issuance, unless otherwise indicated on the clearance or unless the use of land or structures or building construction has commenced and is being diligently pursued. (Code 1971, § 15.815.060)

A. Applicability. An administrative coastal development permit shall be required for any development in the coastal zone which does not require authorization by, or the approval of, the planning commission, which is not exempt pursuant to section 24.515.050 or eligible for an Emergency coastal permit pursuant to section 24.515.090, and which does not require one of the following additional discretionary permits (Development requiring one or more of the additional following discretionary permits shall require approval of a coastal development permit pursuant to section 24.515.080):

1. Use permit;

2. Major variance;

3. Administrative variance requiring planning commission review;

4. Planned development permit;

5. Subdivision – Tentative Map; and

6. Land division – Tentative parcel map.

B. Contents of the Application. All applicants for Administrative coastal development permits shall submit the following materials, as applicable, as part of the application:

1. An adequate description, including maps, plans, photographs, and all other necessary documents which describe the proposed development, project site and vicinity sufficient to determine whether the project complies with all relevant policies of the land use plan, including sufficient information concerning land and water areas in the vicinity of the site of the proposed project (whether or not owned or controlled by the applicant), so that the city will be adequately informed as to present uses and plans, both public and private, insofar as they can reasonably be ascertained for the vicinity surrounding the project site. The description of the development shall also include any feasible alternatives or any feasible mitigation measures available which would substantially lessen any significant effect which the development may have on the environment. For purposes of this section, the term “significant effect on the environment” shall be defined as in the California Environmental Quality Act and state guidelines adopted pursuant thereto;

2. A description and documentation of the applicant’s legal interest in all the property upon which work would be performed, if the application were approved, e.g., ownership, leasehold, or authority to acquire the specific property through eminent domain;

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

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3. A dated signature by or on behalf of each of the applicants, attesting to the truth, completeness and accuracy of the contents of the application and, if the signer of the application is not the applicant, written evidence that the signer is authorized to act as the applicant’s representative and to bind the applicant in all matters concerning the application;

4. The applicant shall furnish to the city, at the time of submission of the application, supporting information including, but not limited to, exhibits, drawings and maps, as determined to be necessary by the director; and

5. Any additional information deemed to be required by the city for specific categories of development or for development proposed for specific geographic areas.

• C. Findings Required for Approval. An administrative coastal development permit shall only be issued if specific factual findings are made to support all of the following:

  1. The development does not significantly obstruct public views of the coastline, views from any public road or from a public recreation area;

  2. The development is compatible with the established physical scale and character of the area;

  3. The development is in conformance with all applicable provisions of this zoning ordinance and the comprehensive plan including, specifically, coastal public access and recreation policies;

  4. The proposed development is of a kind permitted by the comprehensive plan and the zone in the area where the development is to be located;

5. For any proposed development in the Coastal Bluff area which would be based in whole or in part on subsection 24.315.030(C), the proposed development is necessary to prevent the loss or damage to life, health, property or essential services and will not result in the substantial alteration of natural landforms, as distinct from fill, along the bluff;

6. For any proposed development in the Coastal Bluff area which will result in a setback of more than ten feet, but less than 25 feet, from the bluff edge, the proposed development is necessary to (a) protect an existing validly permitted or legally nonconforming dwelling unit, (b) allow a new, approved dwelling unit on a vacant lot, or (c) allow reconstruction of an existing dwelling unit in its existing footprint provided, however, that reconstruction in an existing footprint with a less than ten-foot setback will not be allowed unless the reconstruction is due to a less than 50 percent destruction of the structure, and will not result in the substantial alteration of natural landforms along the bluff; and

7. For any proposed development in the Coastal Bluff area which would have the potential to result in the alteration of existing filled areas, that the proposed development either (a) restores the natural contour, or (b) replaces an unengineered or unstable fill with an engineered fill with the same contours where necessary to prevent a loss as described in subsection 24.315.030(C).

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

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D. Coastal Commission Changes. Where an appeal has been filed with the coastal commission as provided for under section 24.515.130 and the coastal commission has reversed or modified the action of the city, the action of the coastal commission on the administrative coastal development permit is final. (Code 1971, § 15.815.070)

• A. Applicability. A coastal development permit shall be required for all development in the coastal zone except:

  1. Development exempt pursuant to section 24.515.050;

  2. Development that may be authorized by an administrative coastal development permit; or

  3. Development that may be authorized by emergency coastal permits pursuant to section 24.515.090.

B. Combined Permit. Within the coastal zone, a coastal development permit shall be combined with any discretionary action subject to the approval by the coastal commission. All substantive and procedural requirements applicable to a coastal development permit shall apply equally to the combined Permits.

C. Contents of Applications. All applicants for coastal development permits shall submit an application as required in section 24.515.070.

D. Findings Required for Approval. Findings required for approval of a coastal development permit shall be in accordance with those listed in section 24.515.070.

E. Coastal Commission Changes. Where an appeal has been filed with the coastal commission, as provided for under section 24.515.130, and the coastal commission has reversed or modified the action of the city on a coastal development permit, the action of the coastal commission on the coastal development permit is final. (Code 1971, § 15.815.080)

• A. Applicability and Procedure.

  1. The director may waive the requirements of obtaining an administrative coastal development permit or a coastal development permit and issue an emergency coastal permit for development required by a sudden, unexpected occurrence which demands immediate action to prevent or mitigate loss or damage to life, health, property, or essential services. This provision does not apply to emergency situations described in Public Resources Code Section 30611 (immediate action by person or public agency performing a public service is required to protect life and public property from imminent danger, or to restore, repair or maintain public works, utilities, or services destroyed, damaged, or interrupted by natural disaster, serious accident, or in other cases of emergency). Waiver of permit requirements in such situations may be granted only by the executive director of the coastal commission.

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

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2. Emergency coastal permit applications shall be made by letter to the director, or in person, or by telephone if time does not allow. The following information shall be provided to the director at the time of the request:

   • a. Nature of the emergency;

   • b. Cause of the emergency, insofar as this can be established;

   • c. Location of the emergency;

   • d. The remedial, protective, or preventive work required to deal with the emergency; and

   • e. 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 director shall verify the facts, including the existence and nature of the emergency, insofar as time allows.

4. The director shall provide public notice of the proposed emergency action, with the extent and type of notice determined on the basis of the nature of the emergency.

• B. Findings Required. The director may approve and/or modify an emergency coastal permit application, in whole or in part, with or without conditions, only if all the following findings of fact are made:

  1. An emergency exists that requires action more quickly than permitted by the procedures for administrative permits or for regular permits and the work will be completed within 30 days unless otherwise specified by the terms of the permit;

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

  3. The work proposed will be consistent with policies of the comprehensive plan and this zoning ordinance. (Code 1971, § 15.815.090)

All applications for administrative coastal development permits and coastal development permits and all proposals to revoke or reevaluate a coastal permit shall be acted upon following a public hearing scheduled and noticed in accordance with chapter 24.560 and the following:

1. Notice of Public Hearing.

   • a. Notice of time and place of said hearing shall be given at least ten calendar days before the hearing in the following manner:

     1. Notice shall be published in a newspaper of general circulation in the city;

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

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2. Notice shall be mailed by first-class mail to any person who has filed a written request with the director;

3. Notice shall be mailed by first-class mail to applicant(s);

4. Notice shall be mailed by first-class mail to the owners of the affected property and the owners of the property within 300 feet of the exterior boundaries of the affected property, using for this purpose the names and addresses of such owners as shown on the latest equalized assessment tax rolls of the Ventura County Assessor;

5. Notice shall be mailed by first-class to residents within 100 feet of the affected property;

6. Notice shall be mailed by first-class mail to the coastal commission.

• b. The notice shall contain the following information:

  1. The date of filing of the application and the name of the applicant;

  2. The case number assigned to the application;

  3. A description of the development proposed and its location;

  4. The date the application will first come before the decision-maker;

5. A statement that public comments are encouraged and may be submitted in writing to the director prior to the public hearing and/or orally or in writing at the public hearing.

c. For development, appealable to the coastal commission, the notice shall contain the following information:

1. A statement that the development is within the coastal zone;

2. The date of filing of the application and the name of the applicant;

3. The case number assigned to the application;

4. A description of the development and its proposed location;

5. The date, time and place at which the application will be heard by the decision-maker;

6. A statement that public comments are encouraged and may be submitted in writing to the director prior to the public hearing, and/or orally or in writing at the public hearing;

7. A brief description of the general procedure of local government concerning the conduct of hearing and local actions; and

8. The system for local and coastal commission appeals, including any local fees required.

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

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• d. If the public hearing on an administrative coastal development permit or coastal development permit is continued to a time which is neither previously stated in the notice, nor announced at a hearing as being continued to a time certain, notice of the further hearing(s) shall be provided in the same manner and within the same time limits as set forth in (a) and (b) above.

2. Notice of Final Action.

   • a. For those developments that are appealable to the coastal commission under section 24.515.130, notice of the issuance of a coastal development permit or of an administrative coastal development permit shall be given by first-class mail to the coastal commission and to any interested person who has requested such notice in writing from the director. The notice shall be given within seven calendar days of the final action.

   • b. The notice shall include conditions of approval, written findings, and the procedure for appeal of the city’s action to the coastal commission. (Code 1971, § 15.815.100)

The decision-making authority, in approving an application for a coastal permit, may impose such conditions that it deems necessary or desirable to insure that the project authorized by such coastal permit will be established, operated, and maintained in accordance with the findings required by section 24.515.070 and all other requirements of this zoning ordinance, this Code, and other provisions of law. The decision-making authority may further require reasonable guarantees and evidence that such conditions are being, or will be, complied with. Such conditions imposed by the decision-making authority may involve any factors affecting the establishment, operation, or maintenance of the proposed project. (Code 1971, § 15.815.110)

A. Granting a Coastal Permit. The decision-making authority may grant an administrative coastal development permit, coastal development permit or emergency coastal permit, and impose such conditions pursuant to section 24.515.110 in connection with the approval of any such Coastal permit that it deems necessary or desirable.

B. Continuances. The decision-making authority may continue consideration of an application for a coastal permit for a period specified by the decision-making authority.

C. Denial of a Coastal Permit. The decision-making authority may deny an application for a coastal permit upon finding that the proposed project or use, or any component thereof does not, or may not, comply with the requirements of this chapter, chapter 24.410, or chapter 24.415, or that one or more of the findings required by this chapter cannot be made, or that the proposed project or use or any component thereof is otherwise inconsistent with the purposes of this zoning ordinance as set forth in section 24.105.030 or with the comprehensive plan or the Coastal Act.

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

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D. Referral of Administrative Coastal Development Permit. The director may refer an application for an administrative coastal development permit with or without recommendation, to the planning commission.

E. Referral for Changes. If the planning commission, or the city council, determines that it would approve a coastal permit but for slight changes in the proposed project, it may refer the application back to the director for resolving such changes with the applicant before it again reviews and considers the coastal permit application.

F. Effect of Denial. An administrative coastal development permit or coastal development permit application that is denied may not be refiled within one year after the date of denial if the refiled application indicates the proposed project or use is the same or substantially the same unless there has been an intervening change in the circumstances surrounding the proposed project. All administrative coastal development permit or coastal development permit applications that are refiled after being denied shall be accompanied by the prescribed filing fee. (Code 1971, § 15.815.120)

Procedures applicable to appeals to the city council and setting forth those circumstances wherein the granting or denial of an administrative coastal development permit or coastal development permit may be appealed are as follows:

1. Appeals to the City Council.

a. The decisions of the director on administrative coastal development permits and the planning commission on Coastal development permits may be appealed to the city council by the applicant, an aggrieved person, any two members of the coastal commission, or the city council on its own motion. The appeal and accompanying fee must be filed with the city clerk within ten calendar days of the date of the decision. For developments which are appealable to the coastal commission, no appeal fee will be charged.

b. The appellant shall state specifically in the notice of appeal wherein the decisions are not in accord with the purposes of the local coastal program or wherein it is claimed that there was an error or an abuse of discretion.

c. Prior to the hearing on said appeal, the director shall transmit to the city council copies of the application, a statement of findings setting forth the reasons for the decision being appealed, as well as other pertinent information relating to the appeal.

d. The city council shall affirm, reverse, or modify the decision being appealed at a regular public hearing. The council’s action shall be de novo so that any party may submit additional evidence relevant to the application. Notice of the time and place of the public hearing shall be given in the manner prescribed in section 24.515.100, and notice shall also be mailed to the appellant.

e. For development which is appealable to the coastal commission under Section 30603 of the California Public Resources Code, the city council’s action shall become effective ten working days after the date of action, during which time an appeal may be filed with the coastal commission by any person, including the

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

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applicant, or any two members of the coastal commission. If any appeal to the coastal commission is filed or notice of final local action does not satisfy requirements of Title 14, California Code of Regulations, Section 13571(a), the effective date of a coastal permit will be suspended upon notice by the coastal commission.

2. Appeals to the Coastal Commission.

a. For developments which are subject to the appeals jurisdiction of the coastal commission under Public Resources Code Section 30603, appeal of a coastal development permit or administrative coastal development permit may be filed with the coastal commission after the matter has been finally acted upon by appeal to the city council.

b. In accordance with Public Resources Code Section 30603(a), an action taken by the city granting or denying an administrative coastal development permit or a coastal development permit may be appealed to the coastal commission in the following circumstances:

1. Developments approved by the city between the sea and the first public road paralleling the sea or within 300 feet of the inland extent of any beach or the mean high tide line of the sea where there is no beach, whichever is the greater distance, as indicated on the official city appeals zone maps;

2. Developments approved by the city not included within subsection 1 of this section located on tidelands, submerged lands, public trust lands within 100 feet of any wetland, estuary, stream, or within 300 feet of the top of the seaward face of any coastal bluff, as indicated on the official city appeals zone map;

3. Any development which constitutes a major public works project or a major energy facility within the meaning of the California Coastal Act.

4. Grounds of Appeal.

a. The grounds of appeal for any development appealable under subsection 2(b)(1) of this section shall be limited to one or more of the following:

1. The development fails to provide adequate physical access for public or private commercial use or interferes with such uses;

2. The development fails to protect public views from any road or from a recreation area to and along the coast;

3. The development is not compatible with the established physical scale of the area;

4. The development may significantly alter existing natural landforms;

5. The development does not comply with shoreline erosion and geologic setback requirements; or the development is not in conformance with the local coastal program portion of the comprehensive plan.

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

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• b. The grounds of appeal for any development appealable under subsections (2)(b)(2) and (2)(b)(3) of this section shall be limited to whether the proposed development is in conformance with the local coastal program portion of the comprehensive plan. (Code 1971, § 15.815.130)

Within the time period specified in the conditions of approval of the administrative coastal development permit or coastal development permit, the applicant shall file with the director a written acknowledgment of the terms and conditions of the administrative coastal development permit or coastal development permit. (Code 1971, § 15.815.140)

An administrative coastal development permit or coastal development permit shall expire by operation of law without any further action by the decision-making authority if the project or use authorized by such coastal permit is not commenced on or before the time limit specified in the conditions of approval of such administrative coastal development permit or coastal development permit, or if no time is specified, on or before one year after the date such coastal permit was approved. The director may, pursuant to chapter 24.505, grant no more than one administrative extension of any such time limit if the approved plans have not changed and if there has been no substantial change in the circumstances of the surrounding vicinity. Additionally, the planning commission may extend such time limit for a good cause, before its expiration, through the permit amendment process pursuant to section 24.515.170. (Code 1971, § 15.815.150)

Failure to comply with any terms or conditions of an approved administrative coastal development permit, coastal development permit or Emergency coastal permit condition is a violation of this zoning ordinance subject to the enforcement provisions prescribed by chapter 24.580 and any and all other penalties and remedies that may be provided by law. An administrative coastal development permit, coastal development permit, or emergency coastal permit may be revoked or the conditions of its approval may be reevaluated as provided by chapter 24.570. (Code 1971, § 15.815.160)

An amendment to an administrative coastal development permit or coastal development permit shall be required as provided by chapter 24.570 to:

1. Expand or reduce the area of the property covered by the coastal permit; or

The San Buenaventura Coastal Zoning Code is current through Ordinance 2024-005, passed June 4, 2024.

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2. Expand the use(s) authorized by the coastal permit; or

3. Add to or alter any structure(s) authorized by the coastal permit. (Code 1971, § 15.815.170)