Chapter 13.20
COASTAL ZONE REGULATIONS Amended Ord. 5239

Sections:

13.20.010    Purpose.

13.20.020    Scope.

13.20.030    Amendment of chapter.

13.20.040    Definitions.

13.20.050    Projects requiring coastal development permit approval.

13.20.060    Coastal development permit exemptions.

13.20.061    Improvements to existing single-family residences exemption.

13.20.062    Improvements to existing structures (other than single-family residences and public works facilities) exemption.

13.20.063    Replacement after disaster exemption.

13.20.064    Public roads, parks, utilities and industrial facilities exemption.

13.20.066    Temporary event exemption.

13.20.070    Coastal development permit exclusions.

13.20.071    Residential exclusions.

13.20.072    Commercial exclusions.

13.20.073    Agricultural exclusions.

13.20.074    Tree removal exclusion.

13.20.075    Land clearing exclusions.

13.20.076    Lot line adjustments exclusion.

13.20.077    Grading exclusion.

13.20.078    Well exclusion.

13.20.080    Determination of applicable notice and hearing procedures.

13.20.090    Emergency development.

13.20.100    Coastal development permit application processing.

13.20.107    Coastal development permit review of second units (nonappealable). Amended Ord. 5239

13.20.108    Coastal development permit review of second units (appealable). Amended Ord. 5239

13.20.110    Coastal development permit findings.

13.20.111    Final local action notice (FLAN).

13.20.120    Appeals.

13.20.121    Local appeals.

13.20.122    Coastal Commission appeals.

13.20.130    Design criteria for Coastal Zone developments.

13.20.140    Special areas design criteria.

13.20.141    Bonny Doon special scenic area design criteria.

13.20.142    Swanton Road special scenic area design criteria.

13.20.143    Davenport special community design criteria.

13.20.144    Harbor area special community design criteria.

13.20.145    East Cliff Village tourist area special community design criteria.

13.20.146    Seacliff Beach area special community design criteria.

13.20.147    Rio Del Mar Esplanade special community design criteria.

13.20.148    Pleasure Point Community residential design criteria.

13.20.150    Special use standards and conditions.

13.20.160    Timber harvest standards and conditions.

13.20.170    Violations of Coastal Zone regulations.

    Prior legislation: Ord. 3326.

13.20.010 Purpose.

This chapter hereby establishes the Coastal Zone review and permit process for the purpose of implementing the California Coastal Act of 1976, Division 20 of the California Public Resources Code, as interpreted by and in accordance with the Local Coastal Program of Santa Cruz County. The Coastal Zone review and permit process is the primary mechanism for ensuring that all development in the Coastal Zone of Santa Cruz County is consistent with Local Coastal Program policies and provisions. [Ord. 5182 § 1, 2014; Ord. 3435 § 1, 1983].

13.20.020 Scope.

(A)    This chapter establishes the Coastal Zone review and permit process: where and for what types of development a coastal development permit approval is required; the application, hearing, notice and appeal procedures; the required findings; and development and design standards.

(B)    This chapter shall apply to all development located within the Coastal Zone of the unincorporated portion of Santa Cruz County.

(C)    For the purposes of regulating development in the Coastal Zone, the regulations of this chapter and Chapter 13.10 SCCC, the zoning ordinance, shall both be applied, as well as all other applicable provisions of County Code. In case of a conflict, the regulations of this chapter or those that are most protective of coastal resources and most consistent with the Local Coastal Program Land Use Plan and the California Coastal Act shall take precedence. [Ord. 5182 § 1, 2014; Ord. 3435 § 1, 1983].

13.20.030 Amendment of chapter.

Any revision to this chapter shall be reviewed by the Executive Director of the California Coastal Commission to determine whether it constitutes an amendment to the Local Coastal Program. If so, such revision shall be processed pursuant to the hearing and notification procedure of Chapter 13.03 SCCC and shall be subject to approval by the California Coastal Commission. [Ord. 5182 § 1, 2014; Ord. 3435 § 1, 1983].

13.20.040 Definitions.

All terms used in this chapter shall be as defined in the General Plan—Local Coastal Program Land Use Plan glossaries, except as noted below.

“Aggrieved person” means any person who meets the requirements of Public Resources Code Section 30801.

“Appealable area” means the area that is located (1) between the sea and the first public road paralleling the sea or within 300 feet of the inland extent of any beach or of the mean high tideline of the sea where there is no beach, whichever is the greater distance; (2) within 100 feet of any wetland, estuary, or stream, or within 300 feet of the top of the seaward face of any coastal bluff; (3) on tidelands, submerged lands, and public trust lands; and/or (4) in a sensitive coastal resource area as defined by SCCC 13.20.040. In addition to CDP approval decisions for development in such appealable areas that are appealable to the Commission, the following types of CDP decisions are also appealable: (1) approval of CDPs for any development that is not designated as the principal permitted use; and (2) approval or denial of any CDPs for any development which constitutes a major public works project (including a publicly financed recreational facility and/or a special district development) or a major energy facility (as defined by SCCC 13.20.040).

“Applicant” means the person or persons, group, organization, partnership, limited liability company or other business association or corporation, including any utility, and any State or local public agency applying for a coastal development permit.

“Bulk” means, in the context of a disaster replacement only, the total interior cubic volume as measured from the exterior surface of the structure.

“Coastal Commission” means the California Coastal Commission.

“Coastal development permit (CDP)” means a permit authorizing development within the Coastal Zone.

“Coastal development permit exclusion” means, pursuant to a Coastal Commission-adopted exclusion order, a class of development for which no coastal development permit is required, provided the terms and conditions of the underlying categorical exclusion orders are met. The categories of excluded development are referenced in SCCC 13.20.070 et seq.

“Coastal development permit exemption” means, pursuant to the California Coastal Act and Title 14, Division 5.5 of the California Code of Regulations, a class of development for which no coastal development permit is required. The categories of exempted development are referenced in SCCC 13.20.060 et seq.

“Coastal resources” include, but are not limited to, public access and public access facilities and opportunities, recreation areas and recreational facilities and opportunities (including for recreational water-oriented activities), public views, natural landforms, marine resources, watercourses (e.g., rivers, streams, creeks, etc.) and their related corridors, waterbodies (e.g., wetlands, estuaries, lakes, etc.) and their related uplands, ground water resources, biological resources, environmentally sensitive habitat areas, agricultural lands, and archaeological or paleontological resources.

“Coastal Zone” means that portion of the Coastal Zone, as established by the Coastal Act of 1976 and as it may subsequently be amended, which lies within the unincorporated area of Santa Cruz County.

“Commercial timber harvest” means a timber harvest designed for a market; traded, bartered or sold for valuable consideration; not designed for use in the landowner’s household or farm.

“Consolidated coastal development permit process” means a permit process where a coastal development permit is required from both the County and the Coastal Commission and the separate permits are consolidated and processed by the Coastal Commission only. The consolidated permit process requires consent by the applicant, the County, and the Coastal Commission. The standard of review is Chapter 3 of the Coastal Act with the County’s Local Coastal Program used as guidance.

“Decision-making body” means the County Planning Director, Zoning Administrator, Planning Commission, or Board of Supervisors or, if on appeal, the Coastal Commission, authorized to make a decision on a coastal development permit.

“Development” 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 any 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, alteration in the 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.

“Disaster” means any situation in which the force or forces which destroyed a structure to be replaced were beyond the control of its owner.

“Emergency” means a sudden, unexpected occurrence demanding immediate action to prevent or mitigate loss or damage to life, health, property, or essential public services.

“Environmentally sensitive habitat area (ESHA)” means, as defined by the Coastal Act and for the purposes of this chapter, any area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and developments.

“Exclusive use” means, in the context of a temporary event only, a use that precludes public uses in the area of the temporary event for public recreation, beach access or access to coastal waters other than for or through the temporary event itself.

“Intensification of use, nonresidential” means any change or expansion of a nonresidential use which will result in both a greater than 10 percent increase in parking need and more than two parking spaces or which (1) is determined by the Planning Director likely to result in a significant new or increased impact due to potential traffic generation, noise, smoke, glare, odors, hazardous materials, water use, and/or sewage generation, or (2) would lead to new or increased impacts on coastal resources, shall be considered an intensification of a nonresidential use.

“Intensification of use, residential” means any change to a residential use which will result in (1) an increase of its number of bedrooms, as defined in SCCC 13.10.700-B, or (2) new or increased impacts on coastal resources, shall be considered an intensification of residential use.

“Limited duration” means, in the context of a temporary event only, a period of time that does not exceed a two-week period on a continual basis, or does not exceed a consecutive four-month period on an intermittent basis.

“Local Coastal Program (LCP)” means the County’s land use plans, zoning ordinances, zoning maps and implementing ordinances and actions certified by the Coastal Commission as the County’s LCP meeting the requirements of the California Coastal Act of 1976.

“Major energy facility” means any public or private processing, producing, generating, storing, transmitting, or recovering facility for electricity, natural gas, petroleum, coal, or other source of energy that costs more than an amount equal to $100,000 plus the annual increase specified in the Engineering News Record Construction Cost Index between 1976 and the present time, except for those facilities governed by the provisions of Public Resources Code Section 30610, 30610.5, 30611, or 30624.

“Major public works project” means (a) any project associated with a public work, as defined by Public Resources Code Section 30114, that costs more than an amount equal to $100,000 plus the annual increase specified in the Engineering News Record Construction Cost Index between 1976 and the present time, except for those facilities governed by the provisions of Public Resources Code Section 30610, 30610.5, 30611, or 30624; or (b) any publicly financed recreational facilities that serve, affect, or otherwise impact regional or statewide use of the coast by increasing or decreasing public recreational opportunities or facilities.

“Minor development” means, with regard to the public hearing requirement for a coastal development permit only, pursuant to Public Resources Code Section 30624.9, a development which the Planning Director determines satisfies all of the following requirements:

(1)    Is consistent with the certified LCP;

(2)    Requires no discretionary approvals other than a coastal development permit; and

(3)    Has no adverse effect either individually or cumulatively on coastal resources, including public access to the shoreline or along the coast.

Applications for coastal development permits for minor developments may be processed administratively without a public hearing subject to the criteria of this chapter.

“Nonpermanent structure(s)” means, in the context of a temporary event only, structures including, but not limited to, bleachers, perimeter fencing, vendor tents/canopies, judging stands, trailers, portable toilets, sound/video equipment, stages, booths, platforms, and movie sets, which do not involve grading or landform alteration for installation.

“Notice of exclusion” means a form signed by the Planning Director stating that a development meets the requirements for a coastal development permit exclusion, the reasons supporting such a determination (including reference to applicable code sections), and all necessary information and other materials including, but not limited to, location maps, site plans and elevations supporting the Planning Director’s exclusion determination.

“Permittee” means the person or persons, group, organization, partnership, limited liability company or other business association or corporation, including any utility, and any Federal, State, or local government, special district, or public agency thereof, or other party issued a coastal development permit.

“Person” means any individual, organization, partnership, limited liability company, or other business association or corporation, including any utility, and any Federal, State, local government, or special district or an agency thereof.

“Planning Director” means the Planning Director or his or her authorized designee or in certain circumstances, the decision-making body.

“Principal permitted use” means, for the purpose of this chapter, those uses listed for each of the basic zone districts in Chapter 13.10 SCCC (Zoning Regulations), which are listed as not requiring a public hearing and the approvals of which are not appealable to the Coastal Commission except as specified in SCCC 13.20.122.

“Project” means any development as defined in this chapter.

“Sandy beach area” means sandy areas fronting on coastal waters.

“Sensitive coastal resource area” means those identifiable and geographically bounded land and water areas within the Coastal Zone of vital interest and sensitivity. In Santa Cruz County these are:

(1)    Special marine and land habitat areas, wetlands, lagoons, and estuaries as designated in Appendix B of the LCP;

(2)    All local, State, and Federal parks, open space, and recreation areas;

(3)    Highly scenic areas, including as mapped on the LCP maps;

(4)    Archaeological sites referenced in the California Coastline and Recreation Plan or as designated by the State Historic Preservation Officer;

(5)    Special communities or neighborhoods that are significant visitor destination areas. These include Davenport, Harbor Area, East Cliff Village Tourist Area, Seacliff Beach, and the Rio Del Mar Esplanade Tourist Special Community;

(6)    Areas where divisions of land could substantially impair or restrict coastal access.

“Structure” means, for the purposes of coastal development permit review, anything constructed or erected.

“Temporary event” means an activity or use that constitutes development of limited duration that involves the placement of nonpermanent structures, and/or an activity or use that involves exclusive use of a sandy beach, parkland, filled tideland, water area, street, or parking area otherwise open and available for general public use.

“Working day” means weekdays other than State or County holidays or furlough days. [Ord. 5182 § 1, 2014; Ord. 4346 § 48, 1994; Ord. 4214 § 1, 1992; Ord. 3435 § 1, 1983].

13.20.050 Projects requiring coastal development permit approval.

Any person or other party wishing to undertake any development in the Coastal Zone shall obtain a coastal development permit from the County (or potentially the California Coastal Commission, if on appeal) in accordance with the provisions of this chapter, except if (1) a coastal development permit is also required from the California Coastal Commission and the parties have agreed to have the application processed through the consolidated coastal development permit process or (2) the development qualifies for a coastal development permit exemption (SCCC 13.20.060 et seq.), or exclusion (SCCC 13.20.070 et seq.). The coastal development permit shall be in addition to any other approval or permit required by law and shall be obtained prior to commencement of the development activity. Provision for challenges to the County’s determination of the applicable coastal development review and permit procedures is contained in SCCC 13.20.080. [Ord. 5182 § 1, 2014; Ord. 4346 § 49, 1994; Ord. 3435 § 1, 1983].

13.20.060 Coastal development permit exemptions.

Pursuant to Coastal Act Section 30610, no coastal development permit is required for the developments listed in SCCC 13.20.061 through 13.20.066, except for: (1) development that is not exempted from coastal development permit requirements by virtue of Public Resources Code Section 30610; (2) development that requires a coastal development permit pursuant to California Code of Regulations Section 13250, 13252, or 13253; and/or (3) development that requires a coastal development permit pursuant to California Code of Regulations Section 13252 but: (a) is specifically described in the document entitled “Repair, Maintenance and Utility Hookups” that was adopted by the Coastal Commission on September 5, 1978; and (b) will have a risk of substantial adverse impact on public access, environmentally sensitive habitat areas, wetlands, or public views. The Planning Director or designee shall make an exemption determination as soon as possible following the time an application for the proposed development is submitted to the County and in all cases prior to the application being deemed complete for processing, and that exemption determination can be challenged (see SCCC 13.20.080). [Ord. 5182 § 1, 2014; Ord. 3435 § 1, 1983].

13.20.061 Improvements to existing single-family residences exemption.

(A)    Subject to SCCC 13.20.060, no coastal development permit is required for improvements to existing single-family residences (including to fixtures and other structures directly attached to the residence; structures on the property normally associated with a single-family residence, such as garages, swimming pools in-ground and above-ground, hot tubs, fences, decks, storage sheds, and attached low-profile solar panels, and landscaping on the property, but not including guest houses or self-contained residential units). Allowed improvements that do not require a coastal development permit include additions of less than 500 square feet outside the appeal jurisdiction of the Coastal Commission, remodels, alterations, replacement of existing water storage tanks, wells or septic systems serving an existing single-family residence where there is no expansion of the replaced feature or its capacity, and new accessory structures except for self-contained residential units including second units (as defined in SCCC 13.10.700-S; see also SCCC 13.20.107 and 13.20.108).

(B)    The improvements to existing single-family residences described in subsection (A) of this section cannot be exempted if any of the following apply:

(1)    The structure is located on a beach, in a wetland, in a stream, in a lake, seaward of the mean high tide line, in an environmentally sensitive habitat area, in a significant public view shed (including in a scenic area as mapped on the LCP Land Use Plan maps or as determined during project review), or within 50 feet of a coastal blufftop edge;

(2)    The improvement involves any significant landform alteration, as determined by the Planning Director or designee, including removal or placement of vegetation, and including landform alteration on a beach, wetland, sand dune, within 50 feet of a coastal blufftop edge, or in an environmentally sensitive habitat area;

(3)    The improvement includes expansion or construction of water wells or septic systems;

(4)    If located on property between the sea and the first through public road paralleling the sea or within 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 a significant public view shed (including in a scenic area as mapped on the LCP Land Use Plan maps or as determined during project review), and the improvement increases height or floor area more than 10 percent (or for floor area more than 250 square feet, whichever is less) on a cumulative basis (i.e., including past exemptions of less than 10 percent (or 250 square feet) individually);

(5)    If located in an area deemed by the Coastal Commission or the County to have a critically short water supply that must be maintained for the protection of coastal resources or public recreational use, and the improvement includes 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 or any landscaping irrigation system; or

(6)    Prior approval(s) associated with the existing single-family residence indicated that any future improvements would require a coastal development permit. [Ord. 5182 § 1, 2014; Ord. 3435 § 1, 1983].

13.20.062 Improvements to existing structures (other than single-family residences and public works facilities) exemption.

(A)    Subject to SCCC 13.20.060, no coastal development permit is required for improvements to existing structures (including to fixtures and other structures directly attached to the structure and to landscaping on the property) that are not single-family residences and are not public works facilities. Allowed improvements include additions, remodels and alterations to the existing structures, and replacement of existing water storage tanks, wells, or septic systems serving the existing structures.

(B)    The improvements to non-single-family residential and non-public works facility structures described in subsection (A) of this section cannot be exempted if any of the following apply:

(1)    The structure is located on a beach, in a wetland, in a stream, in a lake, seaward of the mean high tide line, in an environmentally sensitive habitat area, in a significant public viewshed (including in a scenic area as mapped on the LCP Land Use Plan maps or as determined during project review), or within 50 feet of a coastal blufftop edge;

(2)    The improvement involves any significant landform alteration, as determined by the Planning Director or designee, including removal or placement of vegetation, and including landform alteration on a beach, wetland, stream, sand dune, within 100 feet of a coastal blufftop edge, in an environmentally sensitive habitat area, or in a public viewshed (including in a scenic area as mapped on the LCP Land Use Plan maps or as determined during project review);

(3)    The improvement includes expansion of existing water wells or septic systems or construction of new water wells or septic systems;

(4)    The improvement changes the intensity of use of the structure;

(5)    The improvement includes 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;

(6)    If located on property between the sea and the first through public road paralleling the sea or within 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 a significant public viewshed (including in a scenic area as mapped on the LCP Land Use Plan maps or as determined during project review), and the improvement increases height or floor area more than 10 percent on a cumulative basis (i.e., including past exemptions of less than 10 percent individually);

(7)    If located in an area deemed by the Coastal Commission or the County to have a critically short water supply that must be maintained for the protection of coastal resources or public recreational use, and the improvement includes 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 or any landscaping irrigation system; or

(8)    Prior approval(s) associated with the existing structure(s) indicate that future improvements require a coastal development permit. [Ord. 5182 § 1, 2014; Ord. 3435 § 1, 1983].

13.20.063 Replacement after disaster exemption.

Subject to SCCC 13.20.060, no coastal development permit is required for the replacement of any legal structure (including associated landscaping and erosion control structures/devices) that existed prior to the occurrence of a disaster, other than a public works facility, that is destroyed by a disaster (i.e., any situation in which the force or forces which destroyed the structure to be replaced were beyond the control of its owner); provided, that the replacement structure will:

(A)    Conform to all applicable LCP requirements, including SCCC 16.10.070(H)(4), Coastal Bluffs and Beaches, Alteration of Damaged Structures;

(B)    Be for the same use as the destroyed structure;

(C)    Not exceed the floor area, height, or bulk (i.e., the total interior cubic volume as measured from the structure’s exterior surface) of the destroyed structure by more than 10 percent; and

(D)    Be sited in the same location on the affected property as the destroyed structure. [Ord. 5182 § 1, 2014; Ord. 4836 §§ 117, 118, 2006;* Ord. 3435 § 1, 1983].

*    Code reviser’s note: Ord. 4836 had two sections numbered “117” and “118.”

13.20.064 Public roads, parks, utilities and industrial facilities exemption.

Subject to SCCC 13.20.060, and provided there is not a risk of substantial adverse impact on public access, environmentally sensitive habitat area, wetlands, or public views, as further detailed in the document “Repair, Maintenance and Utility Hook-up Exclusions from Permit Requirements” adopted by the Coastal Commission on September 5, 1978, no coastal development permit is required for:

(A)    Public Roads. Repair and maintenance of existing public roads, including resurfacing and other comparable development necessary to maintain the existing public road facility as it was constructed; provided, that: (a) there is no excavation or disposal of fill outside the existing roadway prism; and (b) there is no addition to and no enlargement or expansion of the existing public road.

(B)    Public Parks. Routine maintenance of existing public parks, including repair or modification of existing public facilities and landscaping where the level or type of public use or the size of structures will not be altered.

(C)    Public Utilities. Repair, maintenance, replacement, and minor alterations of existing public water, sewer, natural gas, electrical, telephone, television, and flood control infrastructure.

(D)    Industrial Facilities. Routine repair, maintenance, and minor alterations to existing industrial facilities necessary for ongoing production that do not expand the area of operation of the existing facility, including minor modifications of existing structures required by governmental safety and environmental regulations where necessary to maintain existing production capacity, where located within existing structures, and where the height and bulk of existing structures are not altered. [Ord. 5182 § 1, 2014; Ord. 3435 § 1, 1983].

13.20.066 Temporary event exemption.

(A)    Subject to SCCC 13.20.060, no coastal development permit is required for temporary events except if:

(1)    The event occupies all or a portion of a sandy beach area; and

(2)    The event is held between the Saturday of Memorial Day weekend through the Monday of Labor Day (inclusive); and

(3)    The event involves a charge for general public admission or seating where no fee is currently charged for use of the same area (not including booth or entry fees).

(B)    Other Exemption. The Planning Director (or the Coastal Commission’s Executive Director if the Planning Director’s determination is challenged) may also exempt a temporary event from coastal development permit requirements that satisfies all of the criteria specified in subsection (A) of this section, if:

(1)    The fee is for preferred seating only and 75 percent of the provided seating capacity is available free of charge for general public use; or

(2)    The event is held on sandy beach area in a remote location with minimal demand for public use, and there is no potential for adverse effect on sensitive coastal resources; or

(3)    The event is less than one day in duration; or

(4)    The event has previously received a coastal development permit and will be held in the same location, at a similar season, and for the same duration, with operating and environmental conditions substantially the same as those associated with the previously approved event.

(C)    Special Circumstances. The Planning Director (or the Coastal Commission’s Executive Director if the Planning Director’s determination is challenged) may determine that a temporary event, even an event that might otherwise not require a coastal development permit per this section above, shall require a coastal development permit if he/she determines that unique or changing circumstances exist relative to the particular temporary event that have the potential for significant adverse impacts on coastal resources. Such circumstances may include, but shall not be limited to, the following:

(1)    The event, either individually or together with other temporary events scheduled before or after the particular event, precludes the general public from use of a public recreational area for a significant period of time; or

(2)    The event and its associated activities or access requirements will either directly or indirectly impact environmentally sensitive habitat areas, rare or endangered species, significant scenic resources (including as mapped on the LCP Land Use Plan maps or as determined during project review), or other coastal resources; or

(3)    The event is scheduled between Memorial Day weekend and Labor Day and would restrict public use of roadways or parking areas or otherwise significantly impact public use or access to coastal waters; or

(4)    The event has historically required a coastal development permit to address and monitor associated impacts to coastal resources.

(D)    Temporary events located solely within the Coastal Commission’s original coastal development permit jurisdiction area require review and determination of coastal development permit requirement or temporary event exemption from the Coastal Commission rather than the County of Santa Cruz. [Ord. 5182 § 1, 2014; Ord. 3435 § 1, 1983].

13.20.070 Coastal development permit exclusions.

A coastal development permit is not required for the categories of development listed in SCCC 13.20.071 through 13.20.079, pursuant to categorical exclusion orders adopted by the California Coastal Commission, provided the terms and conditions of the underlying categorical exclusion orders are met. The exclusions identified below are provided in this LCP for reference and ease of exclusion implementation, but the exclusions identified below do not provide any legal authority to exclude development absent the underlying categorical exclusion order. The Planning Director or designee shall make an exclusion determination and that exclusion determination can be challenged (see SCCC 13.20.080). Requirements for any other County permit or approval are unaffected by this section. [Ord. 5182 § 1, 2014; Ord. 4022 § 1, 1989; Ord. 3487 § 2, 1983].

13.20.071 Residential exclusions.

The residential exclusions identified below are excluded by virtue of Coastal Commission Exclusion Orders E-82-4 and E-83-3 and are only valid provided that the exclusion orders themselves remain valid, and provided that the terms and conditions of the exclusion orders are met.

(A)    Except as indicated in subsection (B) of this section, the exclusion for residential development is for projects as described below on lands within the urban services line or rural services line, and where designated as a principal permitted use under the applicable zone district:

(1)    The construction, reconstruction, demolition, repair, maintenance, alteration or addition to any one- to four-unit residential development or accessory structure on legal lots or lot combinations of record on the date of LCP certification, and at densities specified in the land use plan.

(B)    This exclusion for residential projects does not include projects located within any of the following areas:

(1)    Between the sea and the first through public road paralleling the sea, except in the areas shown on the map entitled “residential exclusion zone,” hereby adopted by reference and considered a part of this section; or

(2)    Within 300 feet of the inland extent of any beach or of the mean high tide line where there is no beach, or within 300 feet of the top of the seaward face of any coastal bluff, whichever is the greater distance; or

(3)    On land subject to public trust; or

(4)    On lots immediately adjacent to the inland extent of any beach, or the mean high tide line where there is no beach; or

(5)    Within 100 feet of any wetland, estuary, or stream; or

(6)    Within a scenic resource area as designated by the Local Coastal Program visual resources maps, or within a special community; or

(7)    Within the habitat (“essential” area and area adjacent to the “essential” area) of the Santa Cruz Long-Toed Salamander as mapped in the General Plan and certified Local Coastal Program. [Ord. 5182 § 1, 2014; Ord. 4836 § 111, 2006;* Ord. 4416 § 20, 1996; Ord. 4406 § 20, 1996; Ord. 4346 §§ 50, 51, 1994; Ord. 3487 § 2, 1983; Ord. 3480 § 2, 1983].

*    Code reviser’s note: Ord. 4836 had two sections numbered “111.”

13.20.072 Commercial exclusions.

The commercial exclusions identified below are excluded by virtue of Coastal Commission Exclusion Order E-83-3, and are only valid provided that the exclusion order itself remains valid, and provided that the terms and conditions of the exclusion order are met.

(A)    Except as indicated in subsection (B) of this section, the exclusion for commercial development includes the following:

(1)    The construction, reconstruction, demolition, or alteration in size of any commercial structure less than 2,000 square feet in size, on legal lots of record within the urban services line or rural services line.

(2)    Commercial change in use in an existing structure.

(B)    This exclusion for commercial development does not include the following:

(1)    Projects appealable to the Coastal Commission, including those projects that are not the principal permitted use under the applicable zone district;

(2)    The construction, reconstruction, demolition, or alteration in the size of any commercial structure within a special area (see SCCC 13.20.140 et seq.) or on property designated as a Coastal Priority Site in the General Plan and LCP Land Use Plan;

(3)    A commercial change of use on property designated as a coastal priority site in the General Plan and LCP. [Ord. 5182 § 1, 2014; Ord. 4416 § 21, 1996; Ord. 4406 § 21, 1996; Ord. 4346 § 52, 1994; Ord. 3487 § 2, 1983].

13.20.073 Agricultural exclusions.

The agricultural exclusions identified below are excluded by virtue of Coastal Commission Exclusion Order E-82-4 and E-82-4-A5 and are only valid provided that the exclusion order itself remains valid, and provided that the terms and conditions of the exclusion order are met.

Agriculturally related development as listed below is excluded on all lands designated agriculture on the General Plan and LCP Land Use Plan maps, except within 100 feet of any coastal body of water, stream, wetland, estuary, or lake; or within areas between the sea and the first public through road paralleling the sea; or on parcels less than 10 acres in size:

(A)    Soil Dependent Greenhouses. The construction, improvement, or expansion of soil dependent greenhouses which comply with the requirements of SCCC 13.10.313(A) and 13.10.636, and are not located on natural slopes of greater than 25 percent nor on sensitive habitat areas as defined in SCCC 16.32.040.

(B)    Agricultural Support Facilities. The construction, improvement, or expansion of barns, storage buildings, equipment buildings and other buildings necessary for agricultural support purposes, including facilities for the processing, packing, drying, storage and refrigeration of produce generated on site; provided, that such buildings will not exceed 40 feet in height; will not cover more than a total of 10,000 square feet of ground area including paving; and will not include agricultural processing plants, greenhouses or mushroom farms. Building construction or expansions of more than 2,000 square feet of ground area in rural scenic corridors shall comply with SCCC 13.20.130(C)(4).

(C)    Greenhouses and Mushroom Farms. Improvement and expansion of existing mushroom farms and greenhouses; provided, that such improvements will not exceed 40 feet in height, and will not increase ground coverage by more than 25 percent or 10,000 square feet, whichever is less. Building expansions of more than 2,000 square feet in mapped rural scenic corridors shall comply with SCCC 13.20.130(C)(4). This type of development may be excluded only one time per recorded parcel of land. If improvement or expansion is proposed after such development pursuant to this exclusion has been carried out, then a coastal development permit must be obtained for the subsequent development.

(D)    Paving. Paving in association with development listed in subsections (A) and (B) of this section, provided it will not exceed 10 percent of the ground area covered by the development.

(E)    Fencing. Fences for farm or ranch purposes, except any fences which would block existing equestrian and/or pedestrian trails.

(F)    Water Supply Facilities. 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, that such water facilities are not in a groundwater emergency area as designated pursuant to SCCC 7.70.130 pertaining to groundwater emergencies and will be used for on-site agriculturally related purposes only.

(G)    Water Impoundments. Water impoundments in conformance with the grading ordinance (Chapter 16.20 SCCC); provided, that no portion of the body of water will inundate either temporarily or permanently any drainage areas defined as riparian corridors in Chapter 16.30 SCCC (Riparian Corridor and Wetlands Protection); provided, that such impoundments will not exceed 25 acre-feet in capacity and will not be in a designated water shortage area.

(H)    Water Pollution Control Facilities. Water pollution control facilities for agricultural purposes if constructed to comply with waste discharge requirements or other orders of the Regional Water Quality Control Board.

(I)    Biomedical Livestock Operations Not Excluded. Barns, storage, equipment, and other buildings, associated paving, fences, and water pollution control facilities which are part of the biomedical livestock operations are not excluded from coastal development permit requirements. [Ord. 5182 § 1, 2014; Ord. 5061 § 24, 2010; Ord. 4836 §§ 112, 113, 2006;* Ord. 4474-C § 4, 1998; Ord. 4471 § 2, 1997; Ord. 4369 § 2, 1995; Ord. 4346 § 53, 1994; Ord. 3487 § 2, 1983].

*    Code reviser’s note: Ord. 4836 had two sections numbered “112” and “113.”

13.20.074 Tree removal exclusion.

The tree removal exclusion identified below is excluded by virtue of Coastal Commission Exclusion Order E-82-4, and is only valid provided that the exclusion order itself remains valid, and provided that the terms and conditions of the exclusion order are met.

Significant tree removal in conformance with the provisions of Chapter 16.34 SCCC (Significant Trees Protection) is excluded. [Ord. 5182 § 1, 2014; Ord. 3487 § 2, 1983].

13.20.075 Land clearing exclusions.

The land clearing exclusions identified below are excluded by virtue of Coastal Commission Exclusion Order E-82-4, and are only valid provided that the exclusion order itself remains valid, and provided that the terms and conditions of the exclusion order are met.

Land clearing of less than one-quarter acre in least disturbed watersheds, water supply watersheds, and areas of high and very high erosion hazard, and of less than one acre elsewhere in the Coastal Zone, is excluded, except as follows:

(A)    Land clearing within any sensitive habitat.

(B)    Land clearing within the appeal jurisdiction of the Coastal Commission as defined in SCCC 13.20.040. [Ord. 5182 § 1, 2014; Ord. 3487 § 2, 1983].

13.20.076 Lot line adjustments exclusion.

The lot line adjustment exclusion identified below is excluded by virtue of Coastal Commission Exclusion Orders E-82-4, E-82-4-A, and E-82-4-A2 and is only valid provided that the exclusion orders themselves remain valid, and provided that the terms and conditions of the exclusion orders are met.

Lot line adjustments not resulting in an increase in the number of building sites, buildable lots, legal lots of record or density of permitted development are excluded. [Ord. 5182 § 1, 2014; Ord. 4281 § 8, 1993; Ord. 4132 § 9, 1991; Ord. 3487 § 2, 1983].

13.20.077 Grading exclusion.

The grading exclusion identified below is excluded by virtue of Coastal Commission Exclusion Orders E82-4 and E-83-3 and is only valid provided that the exclusion orders themselves remain valid, and provided that the terms and conditions of the exclusion orders are met.

Grading of less than 100 cubic yards is excluded, except as follows:

(A)    Grading within 100 feet of any wetland, estuary, or stream, or within 300 feet of the top of the seaward face of any coastal bluff or any area defined as riparian habitat, sensitive habitat, or their buffer zones by the Land Use Plan and so designated on the land use maps; or

(B)    Grading on natural slopes of greater than 30 percent. [Ord. 5182 § 1, 2014; Ord. 3487 § 2, 1983; Ord. 3480 § 3, 1983].

13.20.078 Well exclusion.

The well exclusion identified below is excluded by virtue of Coastal Commission Exclusion Order E-90-1 and is only valid provided that the exclusion order itself remain valid, and provided that the terms and conditions of the exclusion order are met.

Construction of a well or test well on undeveloped land for the purpose of providing domestic water and fire protection for one single-family dwelling is excluded; provided, that the land is not:

(A)    In an area designated as groundwater emergency pursuant to Chapter 7.70 SCCC.

(B)    In an area designated by a water agency or a State agency with jurisdiction as an area subject to salt water intrusion.

(C)    In an appealable area of the Coastal Zone as defined in SCCC 13.20.040.

(D)    In an area designated as a sensitive habitat in the General Plan and certified Local Coastal Program Land Use Plan.

(E)    In an area designated within the urban services line or rural services line in the General Plan and LCP. [Ord. 5182 § 1, 2014; Ord. 4416 § 22, 1996; Ord. 4406 § 22, 1996; Ord. 4022 § 2, 1989].

13.20.080 Determination of applicable notice and hearing procedures.

The determination of whether a development is exempt, categorically excluded, nonappealable or appealable for purposes of notice, hearing and appeals procedures shall be made by the local government at the time the application for development within the Coastal Zone is submitted or as soon thereafter as possible, and in all cases prior to the application being deemed complete for processing. This determination shall be made with reference to the certified Local Coastal Program, including any maps, categorical exclusions, land use designations and zoning ordinances which are adopted as part of the Local Coastal Program. Where an applicant, interested person, or a local government has a question as to the appropriate designation for the development, the following procedures shall establish whether a development is categorically excluded, nonappealable or appealable:

(A)    The local government shall make its 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 (i.e., categorically excluded, appealable, nonappealable). The local determination may be made by any designated local government employee(s) or any local body as provided in local government procedures.

(B)    If the determination of the local government is challenged by the applicant or an interested person, or if the local government wishes to have a Commission determination as to the appropriate designation, the local government shall notify the Commission by telephone of the dispute/question and shall request an Executive Director’s opinion;

(C)    The Executive Director shall, within two working days of the local government request (or upon completion of a site inspection where such inspection is warranted), transmit his or her determination as to whether the development is categorically excluded, nonappealable or appealable;

(D)    Where, after the Executive Director’s investigation, the Executive Director’s determination is not in accordance with the local government determination, the Commission shall hold a hearing for purposes of determining the appropriate designation for the area. The Commission shall schedule the hearing on the determination for the next Commission meeting (in the appropriate geographic region of the state) following the local government request.

(E)    Coastal Development Permit Exemptions. The County’s computer system contains information on development and building permit applications within the Coastal Zone, which identifies which applications do not involve coastal development permits due to being exempt, and upon request a list of those applications will be generated. Upon Coastal Commission Executive Director request for any particular case, the County shall provide information regarding such exemption to provide the same information specified in items in subsections (F)(1) through (5) of the exclusion notice requirements below.

(F)    Coastal Development Permit Exclusions. The County shall provide notice of coastal development permit exclusion determinations within five working days of such determinations. The exclusion notice shall be provided to the applicant, any known interested parties (including those who have specifically requested such notice or to be kept informed regarding the application and/or development at the location), and the Coastal Commission. Such notices shall include:

(1)    Identification of the project applicant, project location (including address and assessor’s parcel numbers), project description, and a list of any other approvals and/or permits (in addition to the exclusion) needed for the project;

(2)    The reasons supporting the exclusion determination (including reference to the governing categorical exclusion and any other applicable LCP sections, etc.);

(3)    All necessary information and other materials (i.e., location maps, site plans, elevations) supporting the exclusion determination;

(4)    The date of the exclusion determination; and

(5)    Identification of all recipients of the notice. A copy of any terms and conditions imposed by the County through other approvals and permits (including building and/or grading permits) shall be made available for review upon request.

(G)    Coastal Development Permits. If not exempt or excluded, coastal development permit applications shall otherwise be processed in accordance with the provisions of this chapter. [Ord. 5182 § 1, 2014; Ord. 3435 § 1, 1983; Ord. 3363 § 1, 1983. Formerly 13.20.062].

13.20.090 Emergency development.

(A)    Emergency coastal development permits may be granted at the discretion of the Planning Director for development normally requiring a coastal development permit which must be undertaken due to a sudden unexpected occurrence that demands immediate action to prevent or mitigate loss of or damage to life, health, property, or essential public services. The emergency approval shall conform to the objectives of this chapter and the LCP. The emergency permit process is intended to allow for emergency situations to be abated through use of the minimum amount of temporary measures necessary to address the emergency in the least environmentally damaging, short- and long-term manner. The Planning Director shall verify the facts, including the existence and the nature of the emergency, insofar as time allows. The Planning Director may request, at the applicant’s expense, verification by a qualified professional of the nature of the emergency and the range of potential solutions to the emergency situation, including the ways such solutions meet these criteria.

(B)    The emergency development authorized under an emergency coastal development permit shall be limited to activities necessary to prevent or mitigate loss or damage. The emergency coastal development permit shall be void if the permit is not exercised within 15 days of issuance. The emergency coastal development permit shall expire 90 days after issuance. Any work completed outside of these time periods requires a regular coastal development permit unless an extension for work outside of this time period is granted for good cause by the Planning Director and such extension is limited as much as possible in duration, based on the facts of the extension request.

(C)    All emergency development pursuant to an emergency coastal development permit is considered temporary and must be removed and the affected area restored if it is not recognized by a regular coastal development permit within six months of expiration of the emergency coastal development permit, unless the Planning Director, for good cause, authorizes an extension. As soon as possible after issuance of the emergency coastal development permit, and in all cases not later than 15 days after issuance of the emergency coastal development permit, the applicant shall submit a completed application, including the appropriate fees, for a regular coastal development permit, unless the Planning Director, for good cause, authorizes a submittal deferral not to exceed an additional 60 days.

(D)    As soon as possible after the issuance of an emergency coastal development permit, and in all cases prior to the expiration of the emergency coastal development permit, the owner of the property shall submit all required technical reports and project plans unless a time extension is granted by the Planning Director and such extension is limited as much as possible in duration, based on the facts of the extension request. If this information is not submitted within the specified time, the emergency coastal development permit, at the discretion of the Planning Director, may be voided and the emergency work shall be considered a violation of this chapter.

(E)    If the need for emergency development occurs during nonbusiness hours, the applicant shall submit an application for an emergency coastal development permit on the following working day.

(F)    The emergency coastal development permit shall include the scope of development to be performed and any necessary conditions to ensure that the emergency work is done in a manner most protective of coastal resources and within the time frames listed above and to ensure that application for the required regular coastal development permit is completed within the time frames listed above.

(G)    The Planning Director shall notify the Executive Director of the Coastal Commission as soon as possible about potential emergency coastal development permits and may consult with the Coastal Commission prior to issuance of an emergency coastal development permit. The Planning Director shall report, in writing, to the Coastal Commission after the emergency coastal development permit has been issued, the nature of the emergency and the work involved. Copies of this written report shall be mailed to all persons who have requested such written notification.

(H)    Applications in case of an emergency shall be made by letter to the Planning Director or in person or by telephone, if time does not allow. The following information should be included in the request:

(1)    Nature of the emergency;

(2)    Cause of the emergency, insofar as this can be established;

(3)    Location of the emergency;

(4)    The remedial, protective, or preventive work required to deal with the emergency; and

(5)    The circumstances during the emergency that appeared to justify the cause(s) of action taken, including the probable consequences of failing to take action.

(I)    The Planning Director shall provide public notice of the emergency work, with the extent and type of notice to be determined on the basis of the nature of the emergency. The designated local official may grant an emergency permit upon reasonable terms and conditions, including an expiration date and the necessity for a regular permit application later, if the Planning Director finds that:

(1)    An emergency exists that requires action more quickly than permitted by the procedures for regular permits, and the work can and 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 would be consistent with the requirements of Santa Cruz County’s certified LCP.

The Planning Director shall not issue an emergency permit for any work that falls within any tidelands, submerged lands, or public trust lands, whether filled or unfilled, lying within the Coastal Zone. [Ord. 5182 § 1, 2014; Ord. 3435 § 1, 1983].

13.20.100 Coastal development permit application processing.

(A)    All regulations and procedures regarding coastal development permits, including application, processing, noticing, expiration, amendment, enforcement, and penalties, shall be in accordance with the provisions for processing applications to be heard by the Zoning Administrator pursuant to Chapter 18.10 SCCC; however, processing at levels other than the Zoning Administrator shall apply in such cases where the proposed development:

(1)    Also requires other discretionary permit approvals to be considered and acted upon by the Planning Commission or the Board of Supervisors, in which case the coastal development permit application will be processed and considered at the highest level of review of the other required permits; or

(2)    Qualifies as minor development (as defined in SCCC 13.20.040), in which case, unless the Planning Director, for good cause, determines that a public hearing is necessary, the public hearing requirement is waived subject to the following criteria:

(a)    A notice of pending action is provided to all persons who would otherwise be required to be notified of a public hearing (i.e., for Zoning Administrator and above public hearings), as well as any other persons known to be interested in receiving notice, for the proposed development indicating that the application is going to be approved without a public hearing unless a public hearing is requested. The notice must include a statement that failure by a person to request a public hearing may result in the loss of that person’s ability to appeal to the Coastal Commission any action taken by the County on the coastal development permit application; and

(b)    No request for public hearing is received by the County within 15 working days from the date the notice of pending action was sent.

(B)    Coastal Development Permit Amendments. Amendments to approved coastal development permits shall be appealable to the Coastal Commission for the following permit amendment requests: (1) if the original permit was appealable to the Coastal Commission; (2) if the development authorized by the original permit would be appealable at the time the amendment request is received by the County; or (3) if the amendment requested is such that the proposed modified project would be appealable to the Coastal Commission.

An amendment request may be granted only if the reviewing body, either the County, or the Coastal Commission if on appeal, determines that: (1) the proposed amendment would not lessen or avoid the intended effect of the approved permit; and (2) the amended project would be consistent with the LCP (and the Coastal Act, if applicable). If the amendment request is denied by the County, or by the Coastal Commission if on appeal, then the terms and conditions of the original permit shall remain in effect.

An amendment request shall not stay the expiration date of the coastal development permit for which the modification is requested.

(C)    Coastal Development Permit Extensions. Time extensions of approved coastal development permits (i.e., amending the permit by changing the expiration date) may be granted only if the reviewing body determines that there are no changed circumstances that may affect the consistency of the development with the LCP (and the Coastal Act, if applicable). The determination of whether or not changed circumstances exist shall be appealable to the Coastal Commission: (1) if the original permit was appealable to the Coastal Commission; or (2) if the development authorized by the original permit would be appealable at the time the extension request is received by the County.

If the County, or the Coastal Commission on appeal, determines that changed circumstances exist that may affect the consistency of the development with the LCP (or the Coastal Act, if applicable), then the extension request shall be denied and the development shall be reviewed as if it were a new application. In such a case, the applicant shall not be required to file a new coastal development permit application, but instead shall submit any information that the County, or the Executive Director of the Coastal Commission if on appeal, deems necessary to evaluate the effect of the changed circumstances.

Any extension applied for prior to the expiration of the coastal development permit shall automatically extend the time for commencement of development until such time as the reviewing body has acted upon the coastal permit extension request. The applicant shall not undertake development during the period of automatic extension.

(D)    Review of Easements. Prior to the issuance of a coastal development permit, all public access, open space, and/or conservation easements or offers of dedication which are conditions of approval shall be reviewed and approved by County Counsel for legal adequacy and shall be submitted to the Executive Director of the Coastal Commission for review and approval for consistency with the requirements of potential accepting agencies. [Ord. 5182 § 1, 2014; Ord. 4921 § 25, 2008; Ord. 3435 § 1, 1983].

13.20.107 Coastal development permit review of second units (nonappealable). Amended Ord. 5239

Any proposed second unit located within the Coastal Zone but located outside of the appealable area, as described in SCCC 13.20.040, that does not qualify for a coastal development permit exclusion or exemption shall require a coastal development permit, requiring no public hearing, processed concurrently with a Building Permit, subject to the following noticing requirements:

(A)    Within 10 calendar days of accepting an application for a nonappealable coastal development permit for a proposed second unit, the County shall provide, by first class mail, a notice of pending permit decision action. This notice shall be provided to all persons who have requested to be on the mailing list for that development project or for coastal decisions within the local jurisdiction, to all property owners and occupants within 100 feet (not including roads) of the perimeter of the parcel on which the development is proposed, and 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 number assigned to the application;

(4)    A description of development and its proposed location;

(5)    The general procedure of the County concerning the submission of public comments either in writing or orally prior to the local decision;

(6)    A statement that a public comment period of at least 15 working days to allow for the submission of comments by mail which will be considered prior to the local decision. [Ord. 5182 § 1, 2014].

13.20.108 Coastal development permit review of second units (appealable). Amended Ord. 5239

All proposed second units located within the Coastal Zone and located within an appealable area as described in SCCC 13.20.040, or otherwise appealable, shall require a coastal development permit, requiring no public hearing, processed concurrently with a building permit, subject to the following noticing requirements:

(A)    Within 10 calendar days of accepting an application for an appealable coastal development permit, the County shall provide notice by first class mail of pending application for appealable development. This notice shall be provided to each applicant, to all persons who have requested to be on the mailing list for that development project or for coastal decisions within the local jurisdiction, to all property owners and occupants within 100 feet (not including roads) of the perimeter of the parcel on which the development is proposed and to the Coastal Commission. The notice shall contain the following information:

(1)    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 number assigned to the application;

(4)    A description of the development and its proposed location;

(5)    A brief description of the general procedure concerning the conduct of County actions; and

(6)    The procedures for Coastal Commission appeals.

(B)    Notice After Final Local Decision. Within seven calendar days of approval of the coastal development and building permit, the County shall notify by first class mail the Coastal Commission and any persons who specifically requested notice of its action. Such notice shall include written findings, conditions of approval, if any, and the procedures for appeal of the local approval decision to the Coastal Commission.

(C)    The County shall include a notice on the coastal development and building permit that indicates that the permits will not become effective until the end of the Coastal Commission appeal period or until the Coastal Commission has completed action on an appeal of the County’s approval of the permit. [Ord. 5182 § 1, 2014].

13.20.110 Coastal development permit findings.

The following coastal development permit findings shall be required for approval of a coastal development permit, and which shall be based on clear evidence and analysis supporting the findings, prior to granting approvals pursuant to this chapter in addition to the findings required for the issuance of a development permit in accordance with Chapter 18.10 SCCC:

(A)    That the project is a use allowed in one of the basic zone districts that are listed in LCP Section 13.10.170(D) as consistent with the LCP Land Use Plan designation of the site.

(B)    That the project does not conflict with any existing easement or development restrictions such as public access, utility, or open space easements.

(C)    That the project is consistent with the design criteria and special use standards and conditions of this chapter pursuant to SCCC 13.20.130 and 13.20.140 et seq.

(D)    That the project conforms with the public access, recreation, and visitor-serving policies, standards and maps of the LCP Land Use Plan, including Chapter 2: Section 2.5 and Chapter 7.

(E)    That the project conforms to all other applicable standards of the certified LCP.

(F)    If the project is located between the nearest through public road and the sea or the shoreline of any body of water located within the Coastal Zone, that the project conforms to the public access and public recreation policies of Chapter 3 of the Coastal Act.

(G)    In the event of any conflicts between or among the required findings, required findings in subsections (E) and (F) of this section shall prevail. [Ord. 5182 § 1, 2014; Ord. 4346 §§ 54, 55, 1994; Ord. 3435 § 1, 1983].

13.20.111 Final local action notice (FLAN).

(A)    A County action on a coastal development permit application shall be considered final after all local appeal periods that apply to the action have concluded without appeal, and/or all avenues of local appeal have otherwise been exhausted (up to and including appeal to the Board of Supervisors). The County shall provide notice of such final action to, at a minimum, the applicant, any known interested parties who specifically requested such notice or to be kept informed regarding the application and/or development at that location, and the Coastal Commission. Such notice shall be sent by first class mail within seven calendar days of the County’s action being considered final, i.e., not later than seven days after the County’s final appeal period ends.

(B)    A FLAN shall be in two parts: (1) a cover sheet or memo summarizing the relevant action information and (2) materials that further explain and define the action taken. The cover sheet/memo shall be sent to all recipients of the notice, and the cover sheet/memo and supporting materials shall be sent to the Coastal Commission.

(1)     Cover Sheet/Memo. The cover sheet/memo shall be dated and shall clearly identify the following information:

(a)    All project applicants and project representatives and their addresses and other contact information.

(b)    Project description and location.

(c)    County decision-making body, County decision, and date of decision.

(d)    All local appeal periods and disposition of any local appeals filed.

(e)    Whether the County decision is appealable to the Coastal Commission, the reason why it is or is not appealable to the Coastal Commission, and procedures for appeal to the Coastal Commission.

(f)    A list of all supporting materials provided to the Coastal Commission as part of the final local action notice (see SCCC 13.20.111(B)(2)).

(g)    All recipients of the notice.

(2)    Supporting Materials. The supporting materials shall include the following information:

(a)    Final adopted findings and final adopted conditions.

(b)    Final staff report.

(c)    Approved project plans.

(d)    All other substantive documents cited and/or relied upon in the decision including CEQA documents, technical reports (geologic reports, biological reports, etc.), correspondence, etc. [Ord. 5182 § 1, 2014].

13.20.120 Appeals.

Issuance of an approved coastal development permit shall be stayed until all applicable appeal periods expire or, if appealed, until all appeals, including any appeals to the Coastal Commission, have been exhausted. [Ord. 5182 § 1, 2014; Ord. 3435 § 1, 1983].

13.20.121 Local appeals.

All local appeals of actions taken pursuant to the provisions of this chapter shall be made in conformance with the procedures in Chapter 18.10 SCCC. [Ord. 5182 § 1, 2014; Ord. 3435 § 1, 1983].

13.20.122 Coastal Commission appeals.

County actions on coastal development permit applications may be appealed to the Coastal Commission as specified below:

(A)    Only the following County actions may be appealed:

(1)    Approval of a coastal development permit for development that is located between the sea and the first through public road paralleling the sea, or within 300 feet of the inland extent of any beach or of the mean high tide line of the sea where there is no beach, whichever is the greater distance.

(2)    Approval of a coastal development permit for development that is not included in subsection (A)(1) of this section, but that is located on tidelands, submerged lands, public trust lands, or within 100 feet of any wetland, estuary, or stream, or within 300 feet of the top of the seaward face of any coastal bluff.

(3)    Approval of a coastal development permit for development which is not designated as a principal permitted use for the purpose of this chapter in the zone district that applies to the development site. Principal permitted uses are listed for each zone district in the following sections of the zoning regulations (Chapter 13.10 SCCC):

District Type

SCCC

Agricultural

13.10.312

Residential

13.10.322

Commercial

13.10.332

Industrial

13.10.342

Parks, Recreation, Open Space

13.10.352

Public and Community Facilities

13.10.362

Timberland Preserve

13.10.372

Special Use

13.10.382

(4)    Approval of a coastal development permit for development that is not included in subsection (A)(1) of this section or subsection (A)(2) of this section but is located in a sensitive coastal resource area as defined in SCCC 13.20.040.

(5)    Approval or denial of a coastal development permit involving development which constitutes a major public works project (including a publicly financed recreational facility and/or a special district development) or a major energy facility.

(B)    An appeal pursuant to this section may be filed only by: (1) the applicant for the coastal development permit in question, (2) any aggrieved person, or (3) any two members of the Coastal Commission. An applicant or aggrieved person shall be deemed to have exhausted all avenues of local appeal if any of the following occur: (a) they pursued their appeals through all of the available appellate bodies (i.e., from the Zoning Administrator to the Planning Commission to the Board of Supervisors); (b) they were denied the right of local appeal by local ordinance which restricts the class of persons who may appeal a local decision; (c) they were denied the right of local appeal because notice and hearing procedures did not comply with the provisions of this chapter and Chapter 18.10 SCCC; or (c) Santa Cruz County charges an appeal fee for the filing or processing of CDP appeals. The appeal must be filed with the Coastal Commission and be received in the Commission’s Central Coast District Office on or before 5:00 p.m. on the tenth working day after the Central Coast District Office receives a nondeficient FLAN.

(C)    The grounds for appeal of a County approval of a coastal development permit shall be limited to an allegation that the development does not conform to the standards set forth in the certified LCP and/or the public access policies of the California Coastal Act.

(D)    The grounds for appeal of a County denial of a coastal development permit pursuant to subsection (A)(5) of this section shall be limited to an allegation that the development conforms to the standards set forth in the certified LCP and the public access policies of the California Coastal Act.

(E)    When an appeal of a County action on a coastal development permit is filed with the Coastal Commission, the County’s action shall be stayed and County permits and/or approvals, including other types of permits, shall not be issued by the County until the appeal has been resolved at the Coastal Commission level. The possible outcomes of an appeal to the Coastal Commission are as follows:

(1)    If the applicant withdraws the coastal development permit application prior to final Coastal Commission action on the appeal, then the application, the County’s action and the appeal to the Coastal Commission shall all be considered vacated. The applicant may reapply, subject to Chapter 18.10 SCCC.

(2)    If all appellants withdraw their appeals prior to Coastal Commission action regarding whether to take jurisdiction over the coastal development permit application (also known as a substantial issue determination), then the appeals shall be considered vacated and the County’s action shall become final.

(3)    If the Coastal Commission declines to take jurisdiction over the coastal development permit application (also known as a finding of no substantial issue), then the County’s action shall become final.

(4)    If the Coastal Commission takes jurisdiction over the coastal development permit application (also known as a finding of substantial issue), then the County’s coastal development permit action shall be considered vacated. In such a case, the Coastal Commission shall either:

(a)    Approve the proposed development (with or without conditions); or

(b)    Deny the proposed development.

(F)    In the case of a Coastal Commission approval of a coastal development permit as described in subsection (A) of this section, the Planning Director shall review the Commission’s approval to determine whether any terms and/or conditions imposed by the Coastal Commission are a substantial variation from the terms and/or conditions of any noncoastal development permit approvals granted by the County for the project. The County approving body shall re-review any non-coastal development permit approvals and will as necessary approve, modify, or deny any noncoastal development permit applications associated with the project as approved by the Coastal Commission to ensure consistency with the coastal development permit. [Ord. 5182 § 1, 2014; Ord. 3435 § 1, 1983].

13.20.130 Design criteria for Coastal Zone developments.

(A)    General.

(1)    Applicability. The design criteria for Coastal Zone developments are applicable to any development requiring a coastal development permit.

(2)    Conformance with Development Standards and Design Criteria of Chapters 13.10 and 13.11 SCCC. All applicable and/or required development standards and design criteria of Chapters 13.10 and 13.11 SCCC shall be met in addition to the criteria of this section. For projects that are listed in SCCC 13.11.040 as requiring Chapter 13.11 SCCC design review, and for those located in scenic areas mapped on the LCP maps or as determined during project review, all applicable standards and conditions of that chapter shall be met. For projects that are not listed in SCCC 13.11.040 as requiring Chapter 13.11 SCCC design review, the standards and conditions of SCCC 13.11.072(A)(1) and 13.11.073(B)(1) only shall be met.

(3)    In the Highway 1 viewshed inside of the Urban Services Line, allow signage where consistent with this chapter as well as the sign regulations of the County Code and any applicable village, town, community, or specific plan.

(4)    Exceptions. Exceptions to the Coastal Zone design criteria may be allowed in conjunction with the granting of a coastal development permit after public hearing when the following findings can be made:

(a)    The project meets the general intent of the Coastal Zone design criteria.

(b)    The exception will result in a project design quality equivalent or better to that produced by strict adherence to the required design criteria and will be equally protective of coastal resources, including with respect to the natural and visual environments.

(c)    The project will be consistent with the visual resource policies of the LCP Land Use Plan and this chapter.

(B)    Entire Coastal Zone. The following design criteria shall apply to projects located in the Coastal Zone:

(1)    Visual Compatibility. All development shall be sited, designed and landscaped to be visually compatible and integrated with the character of surrounding neighborhoods or areas. Structure design should emphasize a compatible community aesthetic as opposed to maximum-sized and bulkier/boxy designs, and should apply tools to help provide an interesting and attractive built environment (including building facade articulation through measures such as breaking up the design with some areas of indent, varied rooflines, offsets, and projections that provide shadow patterns, smaller second story elements set back from the first, and appropriate surface treatments such as wood/wood-like siding or shingles, etc.).

(2)    Minimum Site Disturbance. Grading, earth moving, and removal of major vegetation shall be minimized. Developers shall be encouraged to maintain all mature trees over six inches in diameter except where circumstances require their removal, such as obstruction of the building site, dead or diseased trees, or nuisance species. Special landscape features (rock outcroppings, prominent natural landforms, tree groupings) shall be retained.

(3)    Ridgeline Development. Hilltop and hillside development shall be integrated into the silhouette of the existing backdrop such as the terrain, landscaping, natural vegetation, and other structures. Ridgeline protection shall be ensured by restricting the height and placement of buildings and landscape species and by providing landscape screening in order to prevent projections above the ridgeline that are visible from public roads or other public areas. If there is no other building location on a property except a ridgeline, this circumstance shall be verified by the Planning Department with appropriate findings and mitigation measures to ensure that the proposed structure is compatible with its environment, is low profile, and is visually screened. Land divisions which would create parcels whose only building site would lead to development that would be exposed on a ridgetop shall not be permitted and land divisions shall be appropriately conditioned to prohibit ridgeline development in all cases.

(4)    Landscaping. Development shall include landscaping meant to provide visual interest and articulation, to complement surrounding landscaping (including landscaping in adjacent rights-of-way), to screen and/or soften the visual impact of development, and to help improve and enhance visual resources. When a landscaping plan is required, new or replacement vegetation shall be consistent with water-efficient landscape regulations, compatible with surrounding vegetation and shall be suitable to the climate, soil, and ecological characteristics of the area.

(5)    All development that is more than one story, where allowed by the site regulations of the basic zone district, that is located in significant public viewsheds (including adjacent to shoreline fronting roads, public accessways, parks, beaches, trails, natural areas, etc.) shall be sited and designed so that upper stories do not cantilever toward, loom over, or otherwise adversely impact such significant public viewsheds and community character.

(6)    Front yard averaging shall only be allowed where the front setback so established does not adversely impact significant public viewsheds (including those associated with shoreline fronting roads, public accessways, parks, beaches, trails, natural areas, etc.) and community character.

(7)    Development shall be sited and designed so that it does not block or significantly adversely impact significant public views and scenic character, including by situating lots, access roads, driveways, buildings, and other development (including fences, walls, hedges and other landscaping) to avoid view degradation and to maximize the effectiveness of topography and landscaping as a means to eliminate, if possible, and/or soften, if not possible, public view impacts.

(C)    Rural Scenic Resources. In addition to the criteria above that applies throughout the Coastal Zone, the following design criteria shall also apply to all development proposed outside of the Urban Services Line and the Rural Services Line located in mapped scenic resource areas or determined to be in a scenic resource area during project review:

(1)    Location of Development. Development shall be located, if possible, on parts of the site not visible or least visible from the public view. Development shall not block views of the shoreline and/or ocean from scenic roads, turnouts, rest stops, or vista points.

(2)    Site Planning. Development shall be sited and designed to fit the physical setting carefully so that its presence is subordinate to the natural character of the site, including through appropriately maintaining natural features (e.g., streams, riparian corridors, major drainages, mature trees, dominant vegetative communities, rock outcroppings, prominent natural landforms, tree groupings, etc.) and requiring appropriate setbacks therefrom. Screening and landscaping suitable to the site shall be used to soften the visual impact of development unavoidably sited in the public viewshed.

(3)    Building Design. Structures shall be designed to fit the topography of the site with minimal cutting, grading, or filling for construction. Pitched rather than flat roofs, which are surfaced with nonreflective materials (except for solar energy systems that unavoidably reflect) shall be encouraged. Natural materials and colors which blend with the patterns and colors of the vegetative cover and landform of the site and surrounding area shall be used, and if the structure is located in an existing cluster of buildings, colors and materials shall also repeat or harmonize with those in the cluster.

(4)    Large Agricultural Structures. The visual impact of large agricultural structures shall be minimized by:

(a)    Locating the structure within or near an existing group of buildings.

(b)    Using materials and colors which blend with the building cluster, or the natural vegetative cover, or landform where there is no vegetative cover, of the site.

(c)    Using landscaping to screen or soften the appearance of the structure.

(5)    Restoration. Feasible elimination or mitigation of unsightly, visually disruptive or degrading elements such as junk heaps, unnatural obstructions, grading scars, or structures incompatible with the area shall be included in site development. The requirement for restoration of visually blighted areas shall be proportional to the size of the proposed project and its visual impacts.

(6)    Signs. Signs shall minimize disruption of the scenic qualities of the viewshed, including by not blocking or having a significant adverse impact on significant public views and shall be consistent with the sign regulations of the County Code.

(a)    Materials, scale, location and orientation of signs shall harmonize with surrounding elements.

(b)    Internally lighted, rotating, reflective, blinking, flashing or moving signs are prohibited.

(c)    Illumination of signs shall be permitted only for State and County directional and informational signs, except in commercial and visitor serving zone districts where such lighting may be allowed if it can be harmonized with the surrounding area and public view protection.

(d)    In the Highway 1 viewshed outside of the Urban Services Line, only public signs (i.e., CALTRANS standard signs, public access and park signs, public parking lot identification signs, etc.); signage for farm stands, agritourism uses, and self-pick sites; and signage within the Davenport commercial area shall be allowed to be visible from Highway One and only where such signs are of unobtrusive materials and colors and are harmonized with the surrounding area and public view protection.

(D)    Beach Viewsheds. In addition to the criteria above that applies throughout the Coastal Zone, and the criteria above that also applies within rural areas (as applicable), the following design criteria shall also apply to all projects located on blufftops and/or visible from beaches:

(1)    Blufftop Development.

(a)    Outside of the Urban Services Line and the Rural Services Line, in addition to meeting the Rural Scenic Resources criteria in subsection (C)(2) of this section, blufftop development and landscaping (e.g., houses, garages, decks, patios, fences, walls, barriers, other structures, trees, shrubs, etc.) shall be set back from the bluff edge a sufficient distance to be out of sight from the shoreline or, if such a setback is infeasible, to not be visually intrusive.

(b)    Within the Rural Services Line and the Urban Services Line, new blufftop development shall conform to the rural scenic resources criteria in subsection (C)(2) of this section.

(2)    Beaches. The scenic integrity of open beaches shall be maintained:

(a)    No new permanent structures on open beaches shall be allowed, except where permitted pursuant to LUP Chapter 5 (for required shoreline armoring), LUP Chapter 7 (for public recreational access improvements), or Chapter 16.10 SCCC (for required shoreline armoring).

(b)    All structures that are allowed on open beaches shall be sited and designed to minimize visual intrusion, and to minimize unavoidable intrusion, including through the use of materials and finishes which harmonize with the beach character of the area. Natural materials are preferred. [Ord. 5182 § 1, 2014; Ord. 5124 § 7, 2012; Ord. 5042 §§ 4, 5, 2009; Ord. 4346 §§ 56, 57, 58, 1994; Ord. 4312 § 3, 1994; Ord. 4286 § 3, 1993; Ord. 3480 § 4, 1983; Ord. 3435 § 1, 1983].

*    Code reviser’s note: Ords. 4286 and 4312 had two sections numbered “3.”

13.20.140 Special areas design criteria.

(A)    Applicability. In addition to the criteria above that applies throughout the Coastal Zone; the criteria above that also applies within rural areas (as applicable); and the criteria above that also applies within beach viewsheds, the special area design criteria of SCCC 13.20.141 et seq. are applicable to all developments requiring a coastal development permit within each applicable area below as mapped and designated by the LCP Land Use Plan.

(B)    Exceptions. Exceptions to the special area design criteria may be allowed in conjunction with the granting of a coastal development permit after public hearing when the following findings can be made:

(1)    The project meets the general intent of the Coastal Zone design criteria.

(2)    The exception will result in a project design quality equivalent or better to that produced by strict adherence to the required design criteria and will be equally protective of coastal resources, including with respect to the physical and visual environments.

(3)    The project will be consistent with the visual resource policies of the LCP Land Use Plan and this chapter. [Ord. 5182 § 1, 2014; Ord. 4346 §§ 59, 60, 1994; Ord. 3480 § 4, 1983; Ord. 3435 § 1, 1983].

13.20.141 Bonny Doon special scenic area design criteria.

(A)    The unusual sandstone formations in the Bonny Doon special scenic area shall be preserved. Development located on or within 50 feet of these formations shall be prohibited.

(B)    Land divisions which would create parcels whose only building site is exposed within the viewshed of an adjacent scenic road shall be prohibited. [Ord. 5182 § 1, 2014; Ord. 3480 § 4, 1983; Ord. 3435 § 1, 1983].

13.20.142 Swanton Road special scenic area design criteria.

(A)    Development within the Swanton Road special scenic area that is visible in the viewshed of either Swanton Road or Highway 1 shall be prohibited.

(B)    Land divisions that would create parcels whose only building site is exposed, or would lead to development that would be exposed and impossible to screen completely (and provided such screening does not itself lead to adverse visual impacts) within the Swanton Road viewshed or Highway 1 viewshed between the Swanton Road intersections shall be prohibited.

(C)    In the Swanton Road area within the viewshed of Highway 1, special landscaping conditions, parcel recombination, density transfer or other appropriate means shall be required so as to locate any new development outside the viewshed, where possible, and in all cases, minimize the impact on views from Highway 1 as much as possible. [Ord. 5182 § 1, 2014; Ord. 4346 § 61, 1994; Ord. 3480 § 4, 1983; Ord. 3435 § 1, 1983].

13.20.143 Davenport special community design criteria.

(A)    Historic Structures. The historic structures listed below shall not be demolished; any renovations shall respect their historic character; and any additions shall be compatible with the original structure:

(1)    Saint Vincent de Paul Catholic Church

    NR4 rating

    123 Marine View Avenue

    APN 058-103-29

(2)    Davenport Jail

    NR3 rating

    Highway 1—no address

    APN 058-082-07

(B)    Residential Development. New residential development shall incorporate architectural design features found in the older houses of the community (e.g., clean and simple lines, steep roof slopes, one- and two-story heights, porches, wood construction, white or light paint, etc.). Setbacks shall conform to that typical of other houses on the street. Rehabilitations of housing shall maintain the architectural and historic character of the structure being rehabilitated, including that all additions shall be compatible.

(C)    Highway 1 Frontage. Development along Davenport’s Highway 1 frontage shall conform to the following objectives:

(1)    Davenport shall be emphasized as a rural community center and as a visitor serving area including:

(a)    Site design shall emphasize the historic assets of the town, including in terms of its whaling history and whale viewing opportunities;

(b)    Overhead wires along Highway 1 shall be placed underground, when feasible;

(c)    Landscaping shall tie together and accent the commercial uses, shall assist in the definition of walkways and parking areas, and shall be provided to help screen and/or soften public views of parking areas.

(2)    Clear, coordinated circulation features shall be developed including:

(a)    Clear definition of stopping and parking spaces along the highway frontage for both cars and bicycles;

(b)    Clearly articulated pedestrian crossings of Highway 1, one near the intersection of Marine View Avenue, Ocean Street and Highway 1 at the northern end of the commercial area and one near the intersection of Davenport Avenue and Highway 1 at the southern end of the commercial area;

(c)    Adequate parking off of Highway 1, for existing and new uses, and for visitors (including public access parking for shoreline/beach visitors);

(d)    Bicycle parking facilities to make the town a more attractive bicycle destination/stop-over point. [Ord. 5182 § 1, 2014; Ord. 4836 § 114, 2006;* Ord. 3480 § 4, 1983; Ord. 3435 § 1, 1983].

*    Code reviser’s note: Ord. 4836 had two sections numbered “114.”

13.20.144 Harbor area special community design criteria.

(A)    Historic Structures. The historic structures listed shall not be demolished; renovations shall respect their historic character; and additions shall be compatible with the original structure:

(1)    Parsonage for Twin Lakes Baptist Church

    NR5 rating

    248 9th Avenue

    APN 027-151-34

(2)    Twin Lakes Library

    NR5 rating

    363 Seventh Avenue APN 027-102-03

(B)    Residential Development. New development in the single-family parts of the Harbor area special community shall incorporate the characteristics of older dwellings in the area (e.g., the small scale, clean lines, pitched roofs, predominately wood construction, wood or wood-like (including cementitious) siding, or shingles that resemble wood). [Ord. 5182 § 1, 2014; Ord. 4836 § 115, 2006;* Ord. 3480 § 4, 1983; Ord. 3435 § 1, 1983].

*    Code reviser’s note: Ord. 4836 had two sections numbered “115.”

13.20.145 East Cliff Village tourist area special community design criteria.

(A)    Historic Structures. The historic structure listed below shall not be demolished; any renovations shall respect its historic character; and any additions shall be compatible with the original structure:

(1)    Buckhart’s Confectionery

    NR5 rating

    2-1231 East Cliff Drive

    APN 027-211-13

(B)    New development shall maintain the one- and two-story scale of the area. Along East Cliff Drive clustered landscaping is encouraged to accent the various commercial uses. [Ord. 5182 § 1, 2014; Ord. 3480 § 4, 1983; Ord. 3435 § 1, 1983].

13.20.146 Seacliff Beach area special community design criteria.

Development within the boundaries of the Seacliff Village Plan area shall be consistent with the design standards of that plan. [Ord. 5182 § 1, 2014; Ord. 3480 § 4, 1983; Ord. 3435 § 1, 1983].

13.20.147 Rio Del Mar Esplanade special community design criteria.

(A)    Commercial Development. Buildings should be designed to reflect the beachfront character of the esplanade and continue the design of existing structures (e.g., Mediterranean style, adobe or wood frame construction, red tile pitched roofs, garden courts, light paint, etc.). Sign design shall be an integral part of the structure, shall not adversely affect the public viewshed, and shall coordinate with other area signs and the beachfront aesthetic.

(B)    Esplanade. Landscaping, paving, lighting and traffic control in the Esplanade area shall enhance its potential as an auto/bicycle/pedestrian piazza, and shall incorporate Aptos Creek as a design feature. [Ord. 5182 § 1, 2014; Ord. 3480 § 4, 1983; Ord. 3435 § 1, 1983].

13.20.148 Pleasure Point Community residential design criteria.

All residential development on parcels zoned R-1, RM or PR that are also zoned with the “PP” (Pleasure Point Community Design) Combining District shall be subject to the residential development standards in SCCC 13.10.446, unless granted an exception, as described in SCCC 13.10.447, or subject to SCCC 13.10.448 (reconstruction of destroyed non-conforming structures). [Ord. 5182 § 1, 2014].

13.20.150 Special use standards and conditions.

(A)    Applicability. These use standards and conditions shall apply to all Coastal Zone development specified below by jurisdiction or priority use designation.

(B)    State and Local Public Agencies.

(1)    General. Except as specifically and explicitly exempted from coastal development permit requirements of the Coastal Act and the LCP by State law, all development in the Coastal Zone that is proposed by State or local public agencies shall be subject to the same LCP requirements as any other proposed development.

(2)    Requirements for Special Districts. Prior to or concurrent with any development application by a special district, unless specifically exempted from coastal development permit requirements of the Coastal Act and the LCP by State or Federal law, the following materials shall be prepared and submitted for County review and approval:

(a)    System master plan based on projected levels of development within the coastal zone as defined in LCP Chapter 1 and Policies 2.1.6 and 2.1.7 of the LCP Land Use Plan. Development and expansion shall not exceed that needed to serve projected levels of LCP-consistent development within the Coastal Zone for a planning horizon of 20 to 30 years. In addition the master plan shall either reserve capacity for priority uses or provide information sufficient to enable the County to reserve capacity for priority uses.

(b)    Capital improvements program based on the system master plan. Each agency shall submit plans as updated.

(c)    Demonstration of compliance with the LCP Land Use Plan policy requiring district boundary adjustment. Maps showing the district boundary and the County’s adopted urban services line (USL) shall be included. District boundaries shall correspond with the USL, except where service by the district is necessary for water resource protection and enhancement or for existing development served by the district.

(3)    Time Extensions for Special Districts. Where plans and programs required in subsection (B)(2) of this section have not been prepared by special districts, project applications may be accepted, processed, and approved if:

(a)    The district agrees to submit the required material within 18 months of the application and the coastal development permit contains a condition to require such submittal; and

(b)    The approving body finds that the proposed project does not exceed the improvements necessary to serve the projected levels of LCP-consistent development of the LCP Land Use Plan, and either provides adequate reserve capacity for priority uses or is necessary to correct a public health hazard.

(c)    The approving body finds the proposed project consistent with the provisions of the LCP.

(C)    Priority Use Sites Special Use Standards. Priority use sites as identified on the land use plan maps shall be subject to the special use standards and conditions listed in Figure 2.5 of the LCP Land Use Plan.

(D)    Primary Public Shoreline Access Areas. The following requirements apply to primary public shoreline access areas as identified in Section 7.7 of the LCP Land Use Plan:

(1)    Improvements at Primary Public Shoreline Access Areas. The following improvements, at a minimum, shall be provided at primary public shoreline access areas: path improvements; recycling and garbage collection facilities; bicycle parking; automobile parking, or in an impacted neighborhood, an acceptable alternative such as a beach shuttle, transit service stop; access provisions for persons with disabilities if feasible; restrooms; provision of and/or enhancement to scenic overlook areas, if appropriate; landscaping; safety signs if needed, and accessway identification signs. The level of development shall be as specified in an approved master plan for the destination, or in the absence of such a plan, at levels appropriate to the size, character and projected use of the destinations.

(2)    Maintenance and Management Program. Development of any primary public shoreline access area shall include a feasible program for maintenance and management of the access area.

(3)    Separation. Barriers designed to discourage public encroachment upon private property may be erected between private property and public shoreline access areas and/or high-use recreation areas. Access areas, however, shall not be blocked. All private encroachment into public property at the access area shall be removed, and the area returned to public use as part of any access area development, unless a revocable encroachment permit is approved. [Ord. 5182 § 1, 2014; Ord. 5061 § 25, 2010; Ord. 4642 § 4, 2001; Ord. 4346 § 62, 1994; Ord. 3480 § 4, 1983; Ord. 3435 § 1, 1983].

13.20.160 Timber harvest standards and conditions.

Any person engaging in a commercial timber harvest of less than three acres or a noncommercial timber harvest within the Coastal Zone shall obtain a coastal development permit and demonstrate compliance with the regulations of all relevant chapters of the County Code, including but not limited to the following:

(A)    Chapter 16.10 SCCC, Geologic Hazards;

(B)    Chapter 16.20 SCCC, Grading Regulations;

(C)    Chapter 16.22 SCCC, Erosion Control;

(D)    Chapter 16.30 SCCC, Riparian Corridor and Wetlands Protection;

(E)    Chapter 16.32 SCCC, Sensitive Habitat Protection;

(F)    Chapter 16.34 SCCC, Significant Trees Protection;

(G)    Chapter 16.52 SCCC, Timber Harvesting Regulations. [Ord. 5182 § 1, 2014; Ord. 3480 § 4, 1983; Ord. 3435 § 1, 1983].

13.20.170 Violations of Coastal Zone regulations.

(A)    It shall be unlawful for any person to undertake any development (as defined in SCCC 13.20.040) in the Coastal Zone unless (1) a coastal development permit has been obtained and is in effect which authorizes such development within the Coastal Zone; or (2) a coastal development permit exemption or exclusion for the project has been obtained from the Planning Department pursuant to this chapter.

(B)    It shall be unlawful for any person to exercise any coastal development permit which authorizes development within the Coastal Zone without complying with all of the terms and conditions of such permit.

(C)    Development that is proposed for property on which there are existing unresolved coastal development permit violations shall only be approved and allowed if: (1) the approval resolves all such violations through its terms and conditions and (2) such resolution protects and enhances coastal resources, including that it results in a coastal resource condition that is as good or better than existed prior to the violations; or (3) the proposed development is necessary to ensure health and safety, in which case the approval for the development shall specify that an application to resolve the unresolved coastal development permit violation(s) shall be made within 90 days of the approval. [Ord. 5182 § 1, 2014; Ord. 4346 § 63, 1994; Ord. 3451-A § 10, 1983].