Chapter 24.515 — COASTAL PERMIT PROCEDURE[5 ]

Sections:

• 24.515.010 Chapter description.

• 24.515.020 Types of coastal permits.

• 24.515.030 Review process and action by director.

• 24.515.040 Determination of appeal status.

• 24.515.050 Categorical exclusions and permit exemptions.

• 24.515.060 Zoning clearance.

• 24.515.070 Coastal development permit.

• 24.515.090 Emergency coastal permit.

• 24.515.100 Notice and hearing.

• 24.515.130 Appeals.

5 Editor’s note(s): Section 67 of Ord. No. 2021-017, adopted December 13, 2021, amended Chapter 24.515 in its entirety to read as herein set out. Former Chapter 24.515 pertained to the same subject matter, consisted of Sections 24.515.010 through 24.515.170, and derived from the 1971 Code.

This chapter establishes the coastal permit procedure to ensure 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 e]ective as of December 8, 1983. (Ord. No. 2021-017, § 67, 12-13-21)

The San Buenaventura Municipal Code is current through Ordinance 2026-005, passed February 17, 2026.

Page 600 of 1137

Title 24 Zoning Regulations | San Buenaventura Municipal Code

All development within the CP coastal protection overlay zone shall be subject to review pursuant to this chapter. The types of development review are classiYed as follows:

• A. Zoning Clearance. A zoning clearance is a ministerial, nondiscretionary certiYcate.

• B. Coastal Development Permit. A coastal development permit is a coastal permit required to authorize any of the development activities set forth in Section 24.515.070.

C. 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. (Ord. No. 2021-017, § 67, 12-13-21)

An application for a coastal development permit shall be reviewed and acted upon by the director at a public hearing pursuant to Section 24.500.060. (Ord. No. 2021-017, § 67, 12-13-21)

The determination of whether a development is categorically excluded, nonappealable 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 Yling. When an applicant, interested person, or the city has a question as to the appropriate designation for the development, the following procedures shall apply:

• A. 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.

B. 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. (Ord. No. 2021-017, § 65, 12-13-21)

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:

A. 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:

The San Buenaventura Municipal Code is current through Ordinance 2026-005, passed February 17, 2026.

Page 601 of 1137

Title 24 Zoning Regulations | San Buenaventura Municipal Code

1. Repair or maintenance of an inland blu] retaining wall, culvert, or similar work that involves:

   • a. 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 di]erent location, whether seaward or landward;

   • b. The replacement of 20 percent or more of the materials of an existing structure with materials of a di]erent kind; or

   • c. The presence, whether temporary or permanent, of mechanized construction equipment or construction materials on any sand area or blu] or within 100 feet of coastal waters or streams.

2. 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 blu] or environmentally sensitive habitat area, or within 100 feet of coastal waters or streams that requires a coastal development permit.

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

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

1. 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.

2. Installation of irrigation lines.

3. 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.

4. Buildings or structures having an aggregate value of less than $1,000.

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

6. 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 blu] or any area deYned in the comprehensive plan as sensitive habitat, or their bu]er zones.

7. 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.

The San Buenaventura Municipal Code is current through Ordinance 2026-005, passed February 17, 2026.

Page 602 of 1137

Title 24 Zoning Regulations | San Buenaventura Municipal Code

8. Encroachment permits for activities described in the document entitled “Repair Maintenance and Utility Hookups,” adopted by the Coastal Commission, September 5, 1978.

9. Street closure permits on streets inland of, and not including the Yrst public through road paralleling, the

sea.

10. 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.

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

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

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

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

• b. Paving, provided it does not exceed 10 percent of the ground area covered by that development.

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

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

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

• f. This exclusion shall not apply to any development within the “appeal zone” as depicted on the certiYed map of the Coastal Commission’s post-certiYcation jurisdiction.

12. 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 Yrst 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.

a. 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

The San Buenaventura Municipal Code is current through Ordinance 2026-005, passed February 17, 2026.

Page 603 of 1137

Title 24 Zoning Regulations | San Buenaventura Municipal Code

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 Zooring, used for ground, container, or shelfbased agricultural production.

  - b. Paving, provided it does not exceed 10 percent of the ground area covered by that development. 

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

  - d. 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. 

• C. Nonexempt 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:

  1. Equestrian facilities including, but not limited to, boarding stables, riding area, and polo Yelds.

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

  3. Any structure deYned as a “qualiYed historical building or structure” by Health and Safety Code Section 18955, as amended.

  4. Agricultural processing facilities, including storage and accessory structures.

  5. The removal of nonagricultural vegetation or the removal of major vegetation for nonagricultural purposes. Major vegetation includes grassland, coastal scrub, riparian vegetation, native and nonnative trees other than landscaping with development. (Ord. No. 2021-017, § 67, 12-13-21)

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.

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

1. Is permissible under the present zoning on the land;

2. Is compatible with the purpose, intent, goals, policies, programs and land use designations speciYed in the comprehensive plan;

The San Buenaventura Municipal Code is current through Ordinance 2026-005, passed February 17, 2026.

Page 604 of 1137

Title 24 Zoning Regulations | San Buenaventura Municipal Code

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

4. 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.

B. 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. (Ord. No. 2021-017, § 67, 12-13-21)

A. Applicability. A coastal development permit shall be required for any development in the coastal zone which is not exempt pursuant to Section 24.515.050 or eligible for an emergency coastal permit pursuant to Section 24.515.090. A coastal development permit may be reviewed concurrently with other permits as required by this title, including, but not limited to, a use permit, variance, or subdivision.

In cases where a coastal development permit is required for a project that requires a planned development permit, the coastal development permit may substitute for the planned development permit.

• B. Contents of the Application. All applicants for 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 su[cient to determine whether the project complies with all relevant policies of the land use plan, including su[cient 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 signiYcant e]ect which the development may have on the environment. For purposes of this section, the term “signiYcant e]ect on the environment” shall be deYned 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 speciYc property through eminent domain;

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;

The San Buenaventura Municipal Code is current through Ordinance 2026-005, passed February 17, 2026.

Page 605 of 1137

Title 24 Zoning Regulations | San Buenaventura Municipal Code

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 speciYc categories of development or for development proposed for speciYc geographic areas.

• C. Findings Required for Approval. A coastal development permit shall only be issued if speciYc factual Yndings are made to support all of the following:

  1. The development does not signiYcantly 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, speciYcally, 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 blu] area which would be based in whole or in part on Section 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 Yll, along the blu];

6. For any proposed development in the coastal blu] area which will result in a setback of more than 10 feet, but less than 25 feet, from the blu] 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 10-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 blu]; and

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

D. Coastal Commission Changes. Where an appeal has been Yled with the Coastal Commission as provided for under Section 24.515.130 and the Coastal Commission has reversed or modiYed the action of the city, the action of the Coastal Commission on the coastal development permit is Ynal. (Ord. No. 2021-017, § 67, 12-13-21)

The San Buenaventura Municipal Code is current through Ordinance 2026-005, passed February 17, 2026.

Page 606 of 1137

Title 24 Zoning Regulations | San Buenaventura Municipal Code

A. Applicability and Procedure.

1. The director may waive the requirements of obtaining 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.

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 Yndings of fact are made:

1. An emergency exists that requires action more quickly than permitted by the procedures for coastal development permits and the work will be completed within 30 days unless otherwise speciYed 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. (Ord. No. 2021-017, § 67, 12-13-21)

The San Buenaventura Municipal Code is current through Ordinance 2026-005, passed February 17, 2026.

Page 607 of 1137

Title 24 Zoning Regulations | San Buenaventura Municipal Code

All applications for 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:

• A. Notice of Public Hearing.

  1. Notice of time and place of said hearing shall be given at least 10 calendar days before the hearing in the following manner:

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

     • b. Notice shall be mailed by Yrst-class mail to any person who has Yled a written request with the director;

     • c. Notice shall be mailed by Yrst-class mail to applicant(s);

     • d. Notice shall be mailed by Yrst-class mail to the owners of the a]ected property and the owners of the property within 300 feet of the exterior boundaries of the a]ected 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;

     • e. Notice shall be mailed by Yrst-class to residents within 100 feet of the a]ected property;

     • f. Notice shall be mailed by Yrst-class mail to the Coastal Commission.

  2. The notice shall contain the following information:

     • a. The date of Yling of the application and the name of the applicant;

     • b. The case number assigned to the application;

     • c. A description of the development proposed and its location;

     • d. The date the application will Yrst come before the decision-maker;

     • e. 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.

  3. For development appealable to the Coastal Commission, the notice shall contain the following information:

     • a. A statement that the development is within the coastal zone;

     • b. The date of Yling of the application and the name of the applicant;

     • c. The case number assigned to the application;

The San Buenaventura Municipal Code is current through Ordinance 2026-005, passed February 17, 2026.

Page 608 of 1137

Title 24 Zoning Regulations | San Buenaventura Municipal Code

• d. A description of the development and its proposed location;

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

• f. 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;

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

• h. The system for local and Coastal Commission appeals, including any local fees required.

4. If the public hearing on a 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 subsections (A)(1) and (A)(2) of this section.

• B. Notice of Final Action.

1. For those developments that are appealable to the Coastal Commission under Section 24.515.130, notice of the issuance of a coastal development permit shall be given by Yrst-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 Ynal action.

2. The notice shall include conditions of approval, written Yndings, and the procedure for appeal of the city’s action to the Coastal Commission. (Ord. No. 2021-017, § 67, 12-13-21)

In addition to the standard appeal procedures in Chapter 24.565, the following appeal procedures apply to coastal development permits:

• A. Appeals to the City Council.

1. The decisions 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 Yled with the city clerk within 10 calendar days of the date of the decision. For developments which are appealable to the Coastal Commission, no appeal fee will be charged.

2. The appellant shall state speciYcally 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.

The San Buenaventura Municipal Code is current through Ordinance 2026-005, passed February 17, 2026.

Page 609 of 1137

Title 24 Zoning Regulations | San Buenaventura Municipal Code

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

4. The city council shall a[rm, 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.

5. 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 e]ective 10 working days after the date of action, during which time an appeal may be Yled with the Coastal Commission by any person, including the applicant, or any two members of the Coastal Commission. If any appeal to the Coastal Commission is Yled or notice of Ynal local action does not satisfy requirements of Title 14, California Code of Regulations, Section 13571(a), the e]ective date of a coastal permit will be suspended upon notice by the Coastal Commission.

• B. Appeals to the Coastal Commission.

1. 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 may be Yled with the Coastal Commission after the matter has been Ynally acted upon by appeal to the city council.

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

a. Developments approved by the city between the sea and the Yrst 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 o[cial city appeals zone maps;

b. Developments approved by the city not included within subsection A 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 blu], as indicated on the o[cial city appeals zone map;

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

• C. Grounds of Appeal.

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

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

The San Buenaventura Municipal Code is current through Ordinance 2026-005, passed February 17, 2026.

Page 610 of 1137

Title 24 Zoning Regulations | San Buenaventura Municipal Code

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

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

• d. The development may signiYcantly alter existing natural landforms;

• e. 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.

2. The grounds of appeal for any development appealable under subsections (B)(2)(b) and (B)(2)(c) of this section shall be limited to whether the proposed development is in conformance with the local coastal program portion of the comprehensive plan. (Ord. No. 2021-017, § 67, 12-13-21)