§ 30.75.200. Exemptions.

The types of development projects listed below are exempt from the requirement for receipt of a Coastal Development Permit provided such development is in conformance with all other provisions of the Municipal Code. The granting of an exemption from the requirement for a Coastal Development Permit shall not constitute or be construed as an exemption from any other permit or authorization required pursuant to the provisions of the Municipal Code.

A.

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

1.

Conforms to all Zoning Code and Building Code requirements applicable at the time of replacement.

2.

Is used for the same the purpose as the destroyed structure.

3.

Does not exceed the floor area or height of the destroyed structure by more than ten percent and is sited in essentially the same location on the site as the destroyed structure.

B.

Categorically Excluded development projects pursuant to a certified Coastal Commission Categorical Exclusion Order.

C.

Improvements to existing single-family residences except as noted below. For purposes of this Section, the term "improvements to single-family residences" includes those structures and improvements normally associated with a single-family residence, such as garages, swimming pools, fences, storage sheds, landscaping and affordable second dwelling units, but specifically excludes guest houses or accessory living quarters. The allowance of affordable second dwelling units shall be reviewed by the Planning and Community Development Director, who shall require certain modifications to the project to ensure compliance with this Chapter. The exemption provided in this Section shall not apply where:

1.

The existing residence or proposed improvements would be located on a beach, wetland, seaward of the mean high tide line, or within 50 feet of the edge of a coastal bluff.

2.

The proposed improvements would involve any significant alteration of landforms including removal or placement of vegetation, on a beach, wetland or sand dune, or within 50 feet of the edge of a coastal bluff.

3.

The proposed development would be located within the Lagoon Overlay Zone and within 50 feet of a wetland.

4.

The proposed development would be located within the Bluff, Slope and Canyon Overlay Zone and would be located within 20 feet of the top or 10 feet of the bottom of a substantial steep slope.

5.

The proposed improvements would be located on a property in the Coastal Development Permit Appeals Area as defined in this Chapter and as shown on the City Zoning Map and where the proposed improvement would result in an increase of 10 percent or more of floor area or an increase in height by more than 10 percent; or where the proposed development in the Coastal Development Permit Appeals area would involve any significant non-attached structure such as garages, fences, shoreline protective works, or docks.

6.

The proposed improvement would involve a property for which a previously issued Coastal Development Permit indicated that any future additions on the property would require the receipt of a Coastal Development Permit.

D.

Improvements to structures other than existing single-family residences and public works facilities except as noted below. For purposes of this Section, the term "improvements to structures" includes all fixtures and structures attached to the structure and landscaping. The exemption provided in this Section shall not apply where:

1.

The existing structure or proposed improvements would be located on a beach, wetland, seaward of the mean high tide line, or within 50 feet of the edge of a coastal bluff.

2.

The proposed improvements would involve any significant alteration of landforms including removal or placement of vegetation, on a beach, wetland or sand dune, or within 100 feet of the edge of a coastal bluff.

3.

The proposed development would be located within the Lagoon Overlay Zone and within 50 feet of a wetland.

4.

The proposed development would be located within the Bluff, Slope and Canyon Overlay Zone and would be located within 20 feet of the top or 10 feet of the bottom of a substantial steep slope.

5.

The proposed improvements would be located on a property in the Coastal Development Permit Appeals area as defined in this Chapter and as shown on the City Zoning Map and where the proposed improvement would result in an increase of 10 percent or more of the floor area of the structure or an increase in its height by more than 10 percent.

6.

The proposed improvement would involve a property for which a previously issued Coastal Development Permit indicated that any future additions on the property would require the receipt of a Coastal Development Permit.

7.

The proposed improvement to a structure would change the intensity of use of the structure.

8.

The proposed improvement would consist 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 timesharing conversion.

E.

Repair and maintenance activities to existing structures or facilities that do not result in an addition to, or enlargement or expansion of, the structures. The exemption provided in this Section shall not apply where the proposed repair or maintenance involves:

1.

Any method of repair or maintenance of a seawall revetment, bluff retaining wall, breakwater, groin, culvert, outfall, or similar shoreline work that involves:

a.

The substantial alteration of the foundation of the protective work including pilings and other surface or subsurface structures;

b.

The placement, whether temporary or permanent, of rip-rap, artificial berms of sand or other beach materials, or any other forms of solid materials, on a beach or in coastal waters, or wetlands;

c.

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

d.

The presence, whether temporary or permanent, of mechanized construction equipment or construction materials on any sand area or within 50 feet of a coastal bluff or within 20 feet of coastal waters, wetlands, wetland buffer, or streams.

2.

Any repair or maintenance to facilities or structures or work located in an environmentally sensitive habitat area, any sand area, within 50 feet of the edge of a coastal bluff or environmentally sensitive habitat area, or within 20 feet of coastal waters, streams or wetlands where such repair or maintenance involves either:

a.

The placement or removal, whether temporary or permanent, of rip-rap rocks, sand, or other beach materials or any other forms of solid materials; or

b.

The presence, whether temporary or permanent, of mechanized equipment.

F.

The installation, testing, and placement in service or the replacement of any necessary utility connection between an existing service facility and any development which has been granted a valid Coastal Development Permit or exemption.

G.

Development excluded from Coastal Development Permit requirements as described in the Coastal Commission's Interpretive Guidelines on Exclusions from Permit Requirements as adopted pursuant to Subsections (c) and (e) of Section 30610 of the Coastal Act.

H.

Interior remodeling of a building except where such remodeling is associated with a change or intensification of the use of such building.

I.

The minor alteration of public facilities that are required to restore service where it is determined by the Director of Planning and Community Development that the alteration of such facilities is the minimal amount necessary to restore service to a level compatible with existing development in the area.

J.

The testing, installation, or replacement of utility services and lines as follows, provided however that the exemptions specified in this Section shall not apply for major public works facilities/projects as regulated by the Coastal Act:

1.

The installation, testing, or replacement of any utility connection between an existing service facility and any existing, permitted development.

2.

The installation, maintenance, and repair of underground electrical facilities and the conversion of existing overhead facilities to underground facilities, provided the work is limited to public road or railroad rights-of-way or public utility easements and provided the site is restored as closely as is reasonably possible to its original condition.

3.

The installation, maintenance, and minor alteration of utility improvements that do not increase the capacity of the service or which are required to restore service or prevent service outages.

K.

Temporary events for which all other permits and approvals required by the Municipal Code have been received and which meet all of the following criteria:

1.

The event will not last more than three (consecutive) days.

2.

The event will occupy a portion of a publicly or privately owned beach or park area but will not occur between Memorial Day weekend and Labor Day and a fee will not be charged for general public admission or seating where no fee is currently charged for use of the same area, and the event has been reviewed by the Director with a resulting finding that due to the proposed location and or timing of the event, there will be no adverse impact on opportunities for public use of the area.

3.

The event has been reviewed by the Director with a resulting finding that the event does not have the potential to create adverse impacts on any environmentally sensitive area.

(Ord. No. 733; Ord. No. 760)