Chapter 13.20 COASTAL ZONE REGULATIONS

Chapter 13.20
COASTAL ZONE REGULATIONS

Sections:

13.20.010 Purpose.

13.20.020 Scope.

13.20.030 Amendment.

13.20.040 Definitions.

13.20.050 Projects requiring Coastal Zone approval.

13.20.060 Exemptions.

13.20.061 Roads exemption.

13.20.062 Natural gas, chilled water, and steam facilities exemption.

13.20.063 Electric utilities, telephone, cable TV, water, sewer, flood control, and public works facilities exemption.

13.20.064 Parks exemption.

13.20.065 Industrial facilities exemption.

13.20.066 Projects with State coastal development permit exemption.

13.20.067 Replacement after natural disaster exemption.

13.20.068 Improvements to existing structures exemption.

13.20.070 Exclusions.

13.20.071 Residential development—One- to four-unit exclusion.

13.20.072 Commercial development exclusion.

13.20.073 Agriculturally related development exclusion.

13.20.074 Significant tree removal exclusion.

13.20.075 Land clearing exclusion.

13.20.076 Lot line adjustments exclusion.

13.20.077 Grading exclusion.

13.20.078 Coastal exclusion for wells.

13.20.080 Notice of exclusion.

13.20.085 Challenges to County’s determination of coastal review requirement.

13.20.090 Emergency projects.

13.20.100 Approval process.

13.20.110 Findings.

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 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.

13.20.150 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 approval 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 (LCP) of Santa Cruz County. The Coastal Zone approval 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. 3435 § 1, 1983].

13.20.020 Scope.

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

(B) This chapter shall apply to all development projects located within the Coastal Zone of the unincorporated portion of Santa Cruz County as identified by the Coastal Zone Combining District, established pursuant to the County zoning regulations, Chapter 13.10 SCCC, and shown on maps on file at the County Planning Department.

(C) The regulations of this chapter including the findings, design criteria, and special use standards and conditions of the Coastal Zone approval, shall apply in the Coastal Zone Combining District and shall be in addition to the regulations of the basic zone district and any other applicable combining district. In case of a conflict, the regulations of this chapter take precedence. [Ord. 3435 § 1, 1983].

13.20.030 Amendment.

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. When an ordinance revision constitutes an amendment to the Local Coastal Program, 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. 3435 § 1, 1983].

13.20.040 Definitions.

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

“Aggrieved person” means any person who, in person or through a representative, testified at a public hearing or, by written communication prior to action on a Coastal Zone approval, informed the County of his/her concerns about an application for such approval or who for good cause was unable to do either.

“Applicant” means the person, partnership, corporation, or State or local public agency applying for a Coastal Zone approval.

“Approving body” means the County Planning Director, Zoning Administrator, Planning Commission, or Board of Supervisors authorized to approve a Coastal Zone development.

“Coastal Commission” means the California Coastal Commission.

“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.

“Coastal Zone approval” means a project authorization issued by the County of Santa Cruz as part of a development permit in accordance with the provisions of this chapter and Chapter 18.10 SCCC, approving a project in the Coastal Zone Combining District as being in conformance with the Local Coastal Program. A Coastal Zone approval includes all application materials, plans and conditions on which the approval is based.

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

“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; 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. 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.

“Excluded project exclusion” means a project for which no Coastal Zone approval is required pursuant to SCCC 13.20.070 et seq.

“Exempt project exemption” means a project for which no Coastal Zone approval is required pursuant to SCCC 13.20.060 et seq.

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

“Major energy facility” means any energy facility as defined by Public Resources Code Section 30107 and exceeding $50,000 in estimated cost of construction.

“Major public works project” means any public works project as defined by California Administrative Code Section 13012 and exceeding $50,000 in estimated cost of construction.

“Notice of exclusion” means a form signed by the Planning Director stating that a development meets the requirements for exclusion and does not require a Coastal Zone approval.

“Other permits and approvals” means permits and approvals, other than a Coastal Zone approval required by the County Code before a development may proceed.

“Permittee” means the person, partnership, corporation or agency issued a Coastal Zone approval.

“Planning Director” means the Planning Director or his or her authorized designee.

“Principal permitted use” means those uses defined as part of the principal permitted use for each of the basic zone districts in Chapter 13.10 SCCC (Zoning Regulations), 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 section.

Projects Appealable to the Coastal Commission. Coastal Zone projects appealable to the Coastal Commission are:

(1) Projects approved 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) Projects approved in the County jurisdiction located on tidelands, submerged lands, public trust lands, within 100 feet of any wetland, estuary, stream or within 300 feet of the top of the seaward face of any coastal bluff;

(3) Any project approved involving development which is not a principal permitted use in the basic zone district; and

(4) Any project involving development which constitutes a major public works project or a major energy facility.

“Working day” means any day on which County offices are open for business.

“Zoning Administrator” means the Planning Director or his or her authorized designee. [Ord. 4346 § 48, 1994; Ord. 4214 § 1, 1992; Ord. 3435 § 1, 1983].

13.20.050 Projects requiring Coastal Zone approval.

Any person, partnership, corporation, State or local government agency wishing to undertake any development as defined in SCCC 13.20.040 in the Coastal Zone shall obtain a Coastal Zone approval in accordance with the provisions of this chapter, except as provided in SCCC 13.20.060 and 13.20.070. The Coastal Zone approval 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 determination of the Coastal Zone approval requirement is contained in SCCC 13.20.085. [Ord. 4346 § 49, 1994; Ord. 3435 § 1, 1983].

13.20.060 Exemptions.

Pursuant to Coastal Act Section 30610, no Coastal Zone approval is required for the activities listed in SCCC 13.20.061 through 13.20.069. [Ord. 3435 § 1, 1983].

13.20.061 Roads exemption.

Repair and maintenance of existing public roads is exempt, including routine maintenance and those activities necessary to preserve the highway as it was constructed; provided, that there is no excavation or disposal of fill outside the roadway prism and there is no addition to or expansion of the existing public road facility. [Ord. 3435 § 1, 1983].

13.20.062 Natural gas, chilled water, and steam facilities exemption.

(A) Installation of piping and components, meter set assemblies and steam pressure regulation equipment which provide natural gas, chilled water and steam services to development approved or exempted under this chapter is exempt except when underground placement is involved in any marsh, stream, or other sensitive habitat, or archaeological resources area.

(B) Repair, maintenance and replacement of distribution and transmission facilities, production and storage facilities, and accessory structures are exempt providing that:

(1) Maintenance will not include the construction of new roads to the site of work; and

(2) Grading will not exceed 100 cubic yards; and

(3) There will be no clearing in a sensitive habitat; and

(4) There will be no other clearing in excess of one acre; and

(5) No significant tree as defined in Chapter 16.34 SCCC will be cut.

(C) Installation of new safety devices and pollution control facilities within existing structures or equipment is exempt where land coverage, height, or bulk of existing structures will not be increased. [Ord. 3435 § 1, 1983].

13.20.063 Electric utilities, telephone, cable TV, water, sewer, flood control, and public facilities exemption.

(A) Except as otherwise indicated in subsection (B) of this section, the maintenance activities exempted include the following:

(1) Repairs, maintenance and minor alterations of electric utilities; generation stations; substations; fuel handling, transportation or storage facilities and equivalent facilities; and water, sewer, flood control and public works facilities which will not increase the capacity of the system.

(2) Maintenance of existing overhead electrical, telephone, or cable TV transmission, distribution and communication facilities, including necessary related facilities to restore service or prevent service outages.

(3) Maintenance and repair of underground facilities and conversion of existing overhead facilities to underground facilities; provided, that work will be limited to public road or railroad rights-of-way or public utility easements and providing the site will be restored as close as reasonably possible to its original condition.

(4) Removal of minor vegetation for maintenance purposes (tree trimming, etc.).

(5) Installation of new safety devices and pollution control facilities within existing structures or equipment where land coverage, height or bulk will not be increased.

(B) This exemption for maintenance and repair activities does not apply if the activity will include any of the following:

(1) Construction of any new roads to the site of work; or

(2) Grading exceeding 100 cubic yards; or

(3) Clearing in a sensitive habitat; or

(4) Any other clearing in excess of one acre; or

(5) Cutting of any significant tree as defined in Chapter 16.34 SCCC. [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 Parks exemption.

Routine maintenance of existing public parks is exempt, including repair or modification of existing public facilities where the level or type of public use or the size of structures will not be altered. [Ord. 3435 § 1, 1983].

13.20.065 Industrial facilities exemption.

(A) Routine repair, maintenance, and minor alterations to existing facilities are exempt, provided they are necessary for ongoing production that do not expand the area or operation of the existing plant.

(B) Minor modifications of existing structures required by governmental safety and environmental regulations are exempt, where necessary to maintain existing structures, and where height or bulk of existing structures will not be altered. [Ord. 3435 § 1, 1983].

13.20.066 Projects with State coastal development permit exemption.

Development authorized by a coastal development permit issued by the Coastal Commission or within an area in which the Coastal Commission retains permit jurisdiction is exempt. [Ord. 3435 § 1, 1983].

13.20.067 Replacement after natural disaster exemption.

The replacement of any structure, other than a public works facility, destroyed by a natural disaster is exempt; provided, that the replacement structure:

(A) Will be for the same use as the destroyed structure; and

(B) Will not exceed the floor area, height, or bulk of the destroyed structure by more than 10 percent; and

13.20.068 Improvements to existing structures exemption.

(A) Improvements to Existing Single-Family Residences.

(1) Exempt improvements to single-family residences include the following:

(a) Additions or structures of less than 500 square feet outside the appeal jurisdiction of the Coastal Commission;

(b) Additions of up to 10 percent of the existing structure or structures of up to 250 square feet, whichever is less, within the appeal jurisdiction of the Coastal Commission;

(c) Other improvements to an existing single-family residence, including improvements to any fixtures or other structures directly attached to the residence or to structures on the property normally associated with a single-family residence such as garages, swimming pools, fences, and storage sheds;

(d) Landscaping on the lot;

(e) Replacement of water storage tanks, wells or septic systems serving existing legal single-family residences.

(2) This exemption for improvements to single-family residences does not include the following:

(a) Construction of habitable accessory structures;

(b) Additions to single-family residences where the development permit issued for the original structure by the County or Coastal Commission indicated that any future additions would require a coastal development permit;

(d) Where the residence or proposed improvement is located within 50 feet of the edge of a coastal bluff;

(e) Where the improvement would involve any significant alteration of land forms on a beach, wetland, or sand dune, or within 50 feet of a coastal bluff;

(f) The expansion or construction of water wells or septic systems.

(B) Improvements to Existing Structures Other Than Single-Family Residences.

(1) Exempt improvements to any structure other than a single-family residence include the following:

(a) Additions of less than 500 square feet outside the appeal jurisdiction of the Coastal Commission;

(b) Additions of up to 10 percent of the existing structure or up to 250 square feet, whichever is less, within the appeal jurisdiction of the Coastal Commission;

(c) Other improvements to an existing structure, including improvements to any fixtures and other structures directly attached to the structure;

(d) Landscaping on the lot;

(e) Replacement of wells or septic systems serving existing legal structures;

(f) Repair and maintenance of existing retaining walls.

(2) This exemption for improvements to structures other than single-family residences is not valid if any of the following apply:

(a) The structure is located on a beach, wetland, stream, lake, or seaward of the mean high tide line;

(b) The structure or improvement would encroach within 50 feet of a coastal bluff;

(c) The improvement involves any significant alteration of land forms on a beach, wetland, sand dune, or within 100 feet of a coastal bluff or stream;

(d) The improvement involves the expansion or construction of water wells or septic systems;

(e) The improvement is to a structure where the permit issued by the County or the Coastal Commission for the original structure indicated that any future improvements would require a coastal development permit;

(f) Improvement would change the intensity of use of the structure;

(g) The improvement will be made as part of the 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 time-sharing conversion. [Ord. 5061 §§ 22, 23, 2010; Ord. 4836 §§ 110, 119, 2006;* Ord. 3480 § 1, 1983; Ord. 3435 § 1, 1983].

* Code reviser’s note: Ord. 4836 had two sections numbered “110 and 119.”

13.20.070 Exclusions.

Projects listed in SCCC 13.20.071 through 13.20.078 have been approved as categorical exclusions by the California Coastal Commission. Such projects do not need to obtain a Coastal Zone approval; provided, that a “notice of exclusion” is issued pursuant to SCCC 13.20.080. Requirements for any other County permit or approval are unaffected by this section. Challenges to determinations of exclusion may be made pursuant to SCCC 13.20.085. [Ord. 4022 § 1, 1989; Ord. 3487 § 2, 1983].

13.20.071 Residential development—One- to four-unit exclusion.

(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:

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 Local Coastal Program 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 on the General Plan and Local Coastal Program visual resources maps, or within a special community designated on the General Plan and Local Coastal Program Land Use Plan maps; 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 Local Coastal Program Land Use Plan. [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 development exclusion.

(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 community or on property designated as a priority site by the General Plan and Local Coastal Program Land Use Plan.

(3) A commercial change of use on property designated as a priority site by the General Plan and Local Coastal Program. [Ord. 4416 § 21, 1996; Ord. 4406 § 21, 1996; Ord. 4346 § 52, 1994; Ord. 3487 § 2, 1983].

13.20.073 Agriculturally related development exclusion.

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

(A) Greenhouses, Soil Dependent. 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 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 Zone approval must be obtained for the subsequent development.

(D) Paving. Paving in association with development listed in subsections (A), (B) and (C) 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 11.90.130 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 permit requirements.

(J) Hoop Houses/Shade and Hoop Structures/Seasonal High Tunnels (Hoop Houses). Hoop houses not needing a building permit, which comply with the requirements of SCCC 12.10.315(A)(11), or those requiring a building permit solely because of having mechanical, electrical, or plumbing equipment. [Ord. 5080 § 3, 2010; 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 Significant tree removal exclusion.

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

13.20.075 Land clearing exclusion.

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 13.20.133(B)(1) and (2). [Ord. 3487 § 2, 1983].

13.20.076 Lot line adjustments exclusion.

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

13.20.077 Grading exclusion.

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. 3487 § 2, 1983; Ord. 3480 § 3, 1983].

13.20.078 Coastal exclusion for wells.

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.

(D) In an area designated as a sensitive habitat in the General Plan and 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 Local Coastal Program. [Ord. 4416 § 22, 1996; Ord. 4406 § 22, 1996; Ord. 4022 § 2, 1989].

13.20.080 Notice of exclusion.

Notices of exclusion shall be issued on forms prepared for that purpose by the Planning Department and shall indicate the developer’s name, street address, if any, and assessor’s parcel number(s) of the project site, a brief description of the development, and the date(s) of application for any other permit(s). A copy of the notice of exclusion shall be provided to the Coastal Commission within five working days of issuance.

The notice of exclusion may be issued at the time of project application, but shall not become effective until all other approvals and permits required for the project are obtained. A copy of any terms and conditions imposed by the County shall be provided to the Coastal Commission upon request. [Ord. 3435 § 1, 1983; Ord. 3363 § 1, 1983. Formerly 13.20.062].

13.20.085 Challenges to County’s determination of coastal review requirement.

If the County’s determination of coastal permit requirement, exclusion, or hearing and appeals procedures is challenged within 10 days, the Planning Director shall notify the Coastal Commission by telephone of the dispute/question and shall request an Executive Director’s opinion. Local acceptance for filing or processing of the permit application shall cease until the Planning Department receives the determination of appropriate process from the Executive Director of the Coastal Commission or the Coastal Commission. [Ord. 3435 § 1, 1983].

13.20.090 Emergency projects.

(A) Emergency Coastal Zone approvals may be granted at the discretion of the Planning Director for projects normally requiring a Coastal Zone approval which must be undertaken as emergency measures to prevent loss of or damage to life, health, or property, or to restore, repair, or maintain public works, utilities, and services during and immediately following a natural disaster or serious accident. The emergency approval shall conform to the objectives of this chapter.

The Planning Director may request, at the applicant’s expense, verification by a qualified professional of the nature of and solutions to the emergency situation.

(B) The emergency work authorized under this approval shall be limited to activities necessary to protect the endangered structure or essential public structure. The emergency approval shall be voided if the approval is not exercised within 15 days of issuance. The approval shall expire 60 days after issuance. Any work completed outside of these time periods requires a regular Coastal Zone approval unless an extension is granted by the Planning Director.

(C) At the time of application for an emergency approval, the applicant shall submit a completed application, including the appropriate fees, for a regular approval.

(D) Within 90 days of the issuance of an emergency approval, the owner of the property shall submit all required technical reports and project plans unless a time extension is granted by the Planning Director. If the information described above is not submitted within the specified time, the emergency approval shall be voided and the emergency work shall be considered a violation of this chapter.

(E) If the emergency work is required during nonbusiness hours, the applicant shall submit an application for an emergency Coastal Zone approval on the following working day. [Ord. 3435 § 1, 1983].

13.20.100 Approval process.

(A) Review Process. All regulations and procedures regarding Coastal Zone approvals, including application, noticing, expiration, amendment, enforcement, and penalties, shall be taken in accordance with the provisions for Level V (Zoning Administrator) approvals pursuant to Chapter 18.10 SCCC except for the following category of development which shall be taken in accordance with the provisions for Level IV (public notice) with the exception that any request from the public for a public hearing will trigger a Level V review:

(1) Residential additions and accessory structures greater than 500 square feet in size outside the appeal jurisdiction of the Coastal Commission.

Provision for challenges to determination of applicable process is contained in SCCC 13.20.085.

(B) Review of Easements. Prior to the issuance of a Coastal Zone approval, all public access, open space, 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. 4921 § 25, 2008; Ord. 3435 § 1, 1983].

13.20.110 Findings.

The following findings shall be made 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, other than the special use (SU) district, listed in SCCC 13.10.170(D) as consistent with the General Plan and Local Coastal Program LUP designation.

(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 et seq.

(D) That the project conforms with the public access, recreation, and visitor-serving policies, standards and maps of the General Plan and Local Coastal Program Land Use Plan, specifically Chapter 2: Section 2.5 and Chapter 7. [Ord. 4346 §§ 54, 55, 1994; Ord. 3435 § 1, 1983].

13.20.120 Appeals.

Issuance of an approved development permit including a Coastal Zone approval 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. 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. 3435 § 1, 1983].

13.20.122 Coastal Commission appeals.

Notwithstanding the above, action on a development permit including a Coastal Zone approval, by the Planning Director, Zoning Administrator, Planning Commission or Board of Supervisors, may be appealed to the Coastal Commission as specified below:

(A) Only the following types of projects may be appealed:

(1) Development approved 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, or within 300 feet of the top of the seaward face of any coastal bluff, whichever is the greater distance, as shown on maps of the Coastal Commission’s appeal jurisdiction on file at the Planning Department.

(2) Projects approved in County jurisdiction located on tidelands, submerged lands, public trust lands, or within 100 feet of any wetland, estuary, or stream, as shown on maps of the Coastal Commission’s appeal jurisdiction on file at the County Planning Department.

(3) Any approved project involving development which is not a principal permitted use in the basic zone district. 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) Any project approved or denied involving development which constitutes a major public works project or a major energy facility.

(B) An appeal pursuant to this section may be filed only by the applicant for the Coastal Zone approval in question, the permittee, an aggrieved person, or any two members of the Coastal Commission. The appeal must be filed with the Coastal Commission and be received in the Commission office on or before the tenth working day after receipt of the notice of permit decision by the Director of the Coastal Commission pursuant to Chapter 18.10 SCCC.

(C) Grounds of appeal for any coastal project approved under these regulations in the area identified in subsection (A) of this section shall be limited to the following:

(1) The development will fail to provide adequate physical access or public or private commercial use or interferes with such uses.

(2) The development will fail to protect public views from any public road or from a recreational area to and along the coast.

(3) The development will not be compatible with the established physical scale of the area.

(4) The development may significantly alter existing natural land forms.

(5) The development will not comply with shoreline erosion and geologic setback requirements.

(D) Grounds for appeal of any Coastal Zone approval listed in subsections (A)(2) through (4) of this section is consistency with the certified land use plan.

(E) When an appeal of a Coastal Zone approval is filed with the Coastal Commission, the development permit shall not be issued by the County until the Coastal Commission has approved the project and the Planning Director has reviewed and approved any terms or conditions imposed by the Coastal Commission. In the event the Planning Director determines that the terms and conditions imposed by the Coastal Commission are a substantial variation from the terms and conditions of the proposed development permit, then the approving body shall reconsider the development permit approval, and review and approve, modify, or deny the project as approved by the Coastal Commission. If the County reconsiders and modifies the project, the approval shall again become appealable to the Coastal Commission pursuant to the provisions of this section. [Ord. 3435 § 1, 1983].

13.20.130 Design criteria for Coastal Zone developments.

(A) General.

(1) Applicability. The Coastal Zone design criteria are applicable to any development requiring a Coastal Zone approval.

(2) Conformance with Development Standards and Design Criteria of Basic Zones. All required project design criteria and use standards and conditions of Chapters 13.10 and 13.11 SCCC and SCCC 13.20.140 et seq. shall be met in addition to the criteria of this section.

(3) Exceptions. Exceptions to the Coastal Zone design criteria may be allowed in conjunction with the granting of a Coastal Zone approval (Level V or higher) 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 to that produced by adherence to the required design criteria and will be equally protective of the natural and visual environments.

(c) The project will be consistent with the visual resource policies of the General Plan and Local Coastal Program Land Use Plan.

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

(1) Visual Compatibility. All new development shall be sited, designed and landscaped to be visually compatible and integrated with the character of surrounding neighborhoods or areas.

(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. Structures located near ridges shall be sited and designed not to project above the ridgeline or tree canopy at the ridgeline. Land divisions which would create parcels whose only building site would be exposed on a ridgetop shall not be permitted.

(4) Landscaping. When a landscaping plan is required, new or replacement vegetation shall be compatible with surrounding vegetation and shall be suitable to the climate, soil, and ecological characteristics of the area. The County’s adopted landscape criteria shall be used as a guide.

(5) All second story development 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 it does 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.

(C) Rural Scenic Resources. The following design criteria shall apply to all projects located in designated rural scenic resource areas:

(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 from scenic road 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, maintaining the natural features (streams, major drainage, mature trees, dominant vegetative communities). Screening and landscaping suitable to the site shall be used to soften the visual impact of development in the 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 devices shall be encouraged. Natural materials and colors which blend with the vegetative cover of the site shall be used, or if the structure is located in an existing cluster of buildings, colors and materials shall 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 of the site (except for greenhouses).

(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 in scale with the size of the proposed project.

(6) Signs. Signs shall minimize disruption of the scenic qualities of the viewshed.

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

(b) Directly lighted, brightly colored, 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 designated commercial and visitor serving zone districts.

(d) In the Highway 1 viewshed, except within the Davenport commercial area, only CALTRANS standard signs and public parks, or parking lot identification signs, shall be permitted to be visible from the highway. These signs shall be of natural unobtrusive materials and colors.

(D) Beach Viewsheds. The following design criteria shall apply to all projects located on blufftops and visible from beaches.

(1) Blufftop Development. Blufftop development and landscaping (e.g., decks, patios, structures, trees, shrubs, etc.) in rural areas shall be set back from the bluff edge a sufficient distance to be out of sight from the shoreline, or if infeasible, not visually intrusive. In urban areas of the viewshed, site development shall conform to subsections (C)(2) and (3) 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 Chapter 16.10 (Geologic Hazards) or 16.20 SCCC (Grading Regulations).

(b) The design of permitted structures shall minimize visual intrusion, and shall incorporate materials and finishes which harmonize with the character of the area. Natural materials are preferred. [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. The special area design criteria of SCCC 13.20.141 et seq. are applicable to all developments requiring a Coastal Zone approval within the applicable area as designated by the General Plan and Local Coastal Program Land Use Plan.

(B) Exceptions. Exceptions to the special area design criteria may be allowed in conjunction with the granting of a Coastal Zone approval 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 to that produced by adherence to the required design criteria and will be equally protective of the physical and visual environments.

(3) The project will be consistent with the visual resource policies of the General Plan and Local Coastal Program Land Use Plan. [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 shall not be located on or within 50 feet of these formations.

(B) Land divisions which would create parcels whose only building site is exposed within the viewshed of an adjacent scenic road shall not be permitted. [Ord. 3480 § 4, 1983; Ord. 3435 § 1, 1983].

13.20.142 Swanton Road area design criteria.

(A) No development within the Swanton Road special scenic area shall be visible in the viewshed of either Swanton Road or Highway 1.

(B) Land divisions which would create parcels whose only building site is exposed and impossible to screen completely within the Swanton Road viewshed or Highway 1 viewshed between the Swanton Road intersections shall not be permitted.

(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, or in any case, minimize the visual impact from Highway 1. [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; any additions shall be compatible with the original structure:

(1) Saint Vincent de Paul Catholic Church (Davenport Road).

(2) Davenport Jail (Highway 1).

(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. 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 and additions shall be compatible.

(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, 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, and assist in the definition of walkways and parking areas, and/or screen parking.

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

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

(b) Clearly articulated pedestrian crossings, one near the deli/post office end of the commercial area, one near the Cash Store;

(d) Bicycle parking facilities to make the town a more attractive bicycle destination/stop-over point. [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; additions shall be compatible with the original structure:

(1) Parsonage for Twin Lakes Baptist Church (9th Avenue between Carmel and Bonnie Streets).

(2) Twin Lakes Baptist Church Camp Cottages (255 Ninth Avenue).

(3) Twin Lakes Library (375 Seventh Avenue).

(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, wood construction, and wood siding. [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.

(1) Buckhart’s Confectionery (East Cliff Drive).

(2) Frazier Lewis Home (East Cliff Drive and 13th Avenue).

(B) New development shall maintain the one and two story scale of the area. Along 17th Avenue, new development shall strengthen the visual edge along the street by placing structures at the minimum street setback. Along East Cliff Drive clustered landscaping is encouraged to accent the various commercial uses. [Ord. 3480 § 4, 1983; Ord. 3435 § 1, 1983].

13.20.146 Seacliff Beach area special community design criteria.

(A) New development, additions or rehabilitations shall be consistent with the objectives below:

(1) State Park Drive shall be clearly defined as a major pathway to the State Beach including:

(a) Installation of area orientation signs identifying uses and location of uses near the freeway exit and at the State Park;

(b) Installation of a sidewalk on the northwest side of State Park Drive, terminating at the stairway at Seacliff Drive, and crosswalks to Center and Santa Cruz Avenues;

(2) Improvement of signing along State Park Drive.

(3) Reduction of the excessive number of overhead wires on State Park Drive, by undergrounding, relocation, and/or reduction in the number of wires.

(4) Landscaping and improvements at the entrance to Seacliff State Beach on State Park Drive.

(B) Infill development on Center and Santa Cruz Avenues shall be one or two stories in height, be of wood frame or adobe construction, with light or natural colors. [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 beach front 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. Sign design shall be integral with the structure, and coordinate with other area signs.

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

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 exempted by State or Federal law, all development in the Coastal Zone that is proposed by State or local public agencies shall be subject to the policies, requirements, standards and conditions of the General Plan and Local Coastal Plan Land Use Plan and all ordinances to which such development would be subject if it were privately originated.

(2) Requirements for Special Districts. Prior to or concurrent with any development application by a special district, the following materials shall be prepared and submitted for County review and approval:

(a) System master plan based on buildout level in the Coastal Zone as defined in the General Plan and Local Coastal Program Chapter 1 and Policies 2.1.6 and 2.1.7 of the General Plan and Local Coastal Program Land Use Plan. Development and expansion shall not exceed that needed to serve buildout. 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 annually.

(c) Demonstration of compliance with the General Plan and Local Coastal Program LUP 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 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 buildout of the General Plan and Local Coastal Program Land Use Plan, and either provides adequate reserve capacity for priority uses or is necessary to correct a public health hazard.

(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 General Plan and Local Coastal Program Land Use Plan.

(D) Primary Destinations and Accessways. The following requirements apply to primary destinations and accessways as identified in Section 7.7 of the General Plan and Local Coastal Program Land Use Plan.

(1) Improvements at Primary Destinations. The following improvements shall be provided at primary destinations: path improvements; recycling and garbage collection facilities; automobile parking, or in an impacted neighborhood, an acceptable alternative such as a beach shuttle, bicycle parking, transit service stop; access provisions for persons with disabilities if feasible; restrooms; scenic overlooks if appropriate; safety signs if needed, and 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. The assessment of access trails and shoreline destinations contained in the land use plan shall provide the basis for determining the appropriate development level.

(2) Maintenance and Management Program. The development plan for any primary destination shall include a feasible program for maintenance and management of the destination.

(3) Accessway Separation. Barriers designed to discourage public encroachment upon private property may be erected between private property and accessways and/or high use recreation areas. Accessways, however, shall not be blocked. [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 Zone approval 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;

(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. 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 development permit has been obtained and is in effect which authorizes development within the Coastal Zone; or (2) a notice of exclusion for the project has been obtained from the Planning Department pursuant to SCCC 13.20.080; or (3) the project is exempt pursuant to SCCC 13.20.060 et seq.

(B) It shall be unlawful for any person to exercise any development permit which authorizes development within the Coastal Zone without complying with all of the conditions of such permit. [Ord. 4346 § 63, 1994; Ord. 3451-A § 10, 1983].