§ 23.03.040. General Land Use Permit Requirements.  


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

    a.

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

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

    b.

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

    (1)

    Tidelands;

    (2)

    Submerged lands;

    (3)

    Public trust lands whether filled or unfilled;

    (4)

    State university or college.

    c.

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

    d.

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

    (1)

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

    (2)

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

    (3)

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

    (4)

    The remodeling of any building or structure, where:

    (i)

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

    (ii)

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

    (5)

    Installation of irrigation lines; or

    (6)

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

    (7)

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

    (8)

    Public works projects, where such development:

    (i)

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

    (ii)

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

    (iii)

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

    (9)

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

    (10)

    Changes in the use of an existing building where:

    (i)

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

    (ii)

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

    (iii)

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

    (iv)

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

    (v)

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

    (vi)

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

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

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

    e.

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