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(continued)

As soon as practicable after final action on a claim of vested rights by the commission the executive director shall transmit a notice of the action taken to the local government having jurisdiction over the area in which the development is located, to the claimant and to any person known by the executive director to be interested in the matter.




Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30608, Public Resources Code.






Note: Authority cited: Section 30333, Public Resources Code.

s 13211. Effect of Permit Granted Under the California Coastal Zone Conservation Act of 1972.




Note: Authority cited: Section 30333, Public Resources Code.

s 13212. Amendment of Recorded Conditions in 1972 Act Permits.




Note: Authority cited: Section 30333, Public Resources Code.

s 13213. Extension of Permits Granted Under the 1972 Act.

(a) The time limits for commencement of construction under a permit granted under the California Coastal Zone Conservation Act of 1972 shall be determined from the regulations of the California Coastal Zone Conservation Commission in effect on December 31, 1976 or by any specific actions taken pursuant to the California Coastal Zone Conservation Act of 1972, if not expressly stated in the terms and conditions of the permit.

(b) Prior to the time that commencement of construction under a permit granted by either the regional commission or the commission must occur under the terms of subsection (a) the applicant may, upon payment of a $50 fee (or a $25 fee in the case of extension of permit for single-family residences) apply to the executive director of the commission for an extension of time not to exceed an additional one year period. The application shall be accompanied byevidence of a valid, unexpired permit, acknowledged pursuant to the requirements in effect at the time the permit was issued, and of the applicant's continued legal interest in the property involved in the permit. The application shall be processed in accordance with the procedures of Section 13169.




Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30608, Public Resources Code.


s 13214. Scope.

Any person claiming a development to be exempt from the permit requirements of the Act pursuant to Public Resources Code Section 30608.5 must substantiate the claim in a proceeding under this subchapter. In such a proceeding the claimant shall assume the burden of proof.




Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30608.5, Public Resources Code.


s 13214.1. Obligation to File.

Any person who claims that a development is exempt from the permit requirements of the Public Resources Code, Section 30600 or 30601 pursuant to Public Resources Code, Section 30608.5 must file a claim with the commission and obtain approval under this subchapter.




Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30608.5, Public Resources Code.


s 13214.2. Claim Forms.

Claim forms shall be published by the commission. The executive director of the commission shall revise the form as necessary to assist claimants in providing the information necessary to substantiate a claim, provided, however, that any significant change in the type of information requested must be approved by the commission. A claim shall be filed only after the claimant has provided the commission with all the information called for by the form, as well as any other information which the executive director of the commission deems necessary to review the claim.




Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30608.5, Public Resources Code.


s 13214.3. Initial Determination.

As soon as practicable after the filing of a claim, and in no event later than 30 days from the filing date, the executive director of the commission shall make an initial determination whether the claim appears to be substantiated; notice of the initial determination shall be transmitted to the claimant and to any person(s) requesting notice or known by the executive director to be interested. Based on the initial determination, the executive director shall make a written recommendation to the commission for consideration at the hearing on the claim application at the next succeeding regularly scheduled meeting. At such hearing the executive director shall introduce into evidence all information submitted by the applicant or other interested parties either supporting or in opposition to the application up to the deadline for submission of evidence established by the commission.




Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30608.5, Public Resources Code.


s 13214.4. Notice.

Notice of the recommendation and the date the public hearing on the claim shall be made in the manner prescribed by Section 13059.




Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30608.5, Public Resources Code.



s 13214.5. Acknowledgment Hearing Procedure.

(a) Commission action on a claim shall be supported by written finding of facts. If the commission finds that a claim is substantiated, it shall acknowledge the claim. If it finds that a claim is not substantiated, it shall deny the claim. However, if the circumstances suggest that a claimant may be able to provide additional information to substantiate the claim or that other evidence is pertinent to the claim, the matter may be continued for the purpose of submitting further information and for action at the next succeeding meeting following the receipt and review of the information.

(b) Claims which the executive director recommends be acknowledged may be placed on a consent calendar and processed in the manner provided by Sections 13101 and 13103.

(c) All other claims shall be processed in the manner provided by Sections 13080-13096.




Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30608.5, Public Resources Code.


s 13214.6. Appeal to the Commission.




Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30608.5, Public Resources Code.


s 13214.7. Effect of Acknowledged Claim.

A final determination of the commission recognizing a claim pursuant to Public Resources Code Section 30608.5 exists shall constitute acknowledgment that the development does not require a coastal development permit under Public Resources Code, Section 30600 or 30601 provided that this shall only apply to developments actually completed or where substantial work has been undertaken prior to July 1, 1981.




Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30608.5, Public Resources Code.


s 13214.8. Notification to Local Government.

As soon as practicable after final action on a claim by the commission, the executive director shall transmit a notice of the action taken to the local government having jurisdiction over the area in which the development is located, the claimant, and to any person known by the executive director to be interested in the matter.




Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30608.5, Public Resources Code.


s 13215. Urban Land Exclusion.

The provisions of this subchapter shall govern the exclusion of any urban land area from the provisions of Chapter 7 of the California Coastal Act of 1976 pursuant to Public Resources Code, Section 30610.5.




Note: Authority cited: Sections 30331 and 30333, Public Resources Code. Reference: Section 30610.5, Public Resources Code.

s 13216. Local Government Request.

A local government may request, in writing, that an urban land area be excluded by the commission from the permit provisions of the California Coastal Act of 1976. The request for exclusion shall include, or be accompanied by the following:

(a) A description specifically identifying the land area for which the exclusion is requested.

(b) Information describing the zoning in effect on January 1, 1977.

(c) A description or statement as to the density of the development existing on or before January 1, 1977.

(d) A description of any existing or proposed regulatory or other controls on development within the area which will insure that any future development will be infilling or replacement and will be in conformity with the scale, size, and character of the surrounding community and that any locally permitted development will have no potential for significant adverse effects, either individually or cumulatively on public access to the coast or on coastal resources.

(e) Information as to the number of lots within the area requested for exclusion and the number of lots which are built upon to the same general density or intensity of use.




s 13217. Material Supporting Request for Exclusion.

The request for exclusion shall contain or be accompanied by the following supporting material:

(a) The precise language of existing regulatory or other controls on development within the area requested for exclusion that would insure that any development within said area, either individually or cumulatively, would meet the criteria of Public Resources Code Section 30610.5; or proposed regulatory or other controls on development within the area requested for exclusion that the local government intends to adopt and enforce in order to assure that any development within said area, either individually or cumulatively, would meet the criteria of Public Resources Code 30610.5; or any combination of the above. The description of regulatory controls may include any land use controls such as height limits or open space requirements that could affect allowable density, height or nature of uses.

(b) A general description of existing development within the area to be excluded, the amount of privately-owned net acreage to be excluded, and the resulting density (units per acre).

(c) A reasonable estimate of the most intense development that could occur, based on the regulatory controls of the proposed exclusion. This estimate may utilize any combination of geographic units deemed appropriate by the local government and may include an analysis of the likely effects of regulatory controls such as height limits, off-street parking requirements, floor area ratio, etc.

(d) An analysis of the effects of the development projected in subdivision (c) above on public access to the coast and on coastal resources.

(e) Any other information as may from time to time be requested by the executive director of the commission or by the commission to determine whether and on what terms and conditions, if any, such area may be excluded pursuant to Public Resources Code, Section 30610.5.




s 13218. Preliminary Review of Exclusion Request.

Any local government desiring the exclusion of any urban land area within its jurisdiction, pursuant to Public Resources Code Section 30610.5, may request a preliminary advisory review of the proposed exclusion by the commission. Because the purpose of the preliminary review is to provide sufficiently detailed information to make the determinations required in Public Resources Code Section 30610.5, the exclusion request need not be in the final language required of an adopted ordinance. The commission will grant a request for a preliminary advisory review as time allows, provided such review will not adversely limit commission time required for the review of other agenda items. Any such advisory review shall be conducted at a properly noticed public hearing of the commission. The chairperson shall establish predetermined time limits for testimony by the local government and interested persons. Individual members of the commission may ask questions and make statements but no vote shall be taken.




s 13219. Submission and Filing of Requests and Supporting Material.

The executive director of the commission shall determine whether the request and supporting materials provide sufficient information to permit evaluation of the request pursuant to Public Resources Code Section 30610.5. These determinations shall be made by the executive director within five (5) working days after the material is received. If it is determined that the material is legally sufficient and technically complete, the request for exclusion shall be filed and the requesting local government shall be informed of the filing. If the executive director determines that the material is not sufficient, the executive director shall provide the requesting local government with a statement of the reasons why the request was not filed. Upon curing any defects, the requesting local government may resubmit the request for exclusion. Any local government submitting an application for exclusion may also request a determination from the commission as to the adequacy of the material that it has submitted for purposes of conducting the review of the urban exclusion request pursuant to Public Resources Code, Section 30610.5.




s 13220. Commission Review of Request.

The request for exclusion shall be scheduled for public hearing before the commission no later than 49 days after being filed unless the local government requests the executive director's approval of additional time to supplement a request for exclusion. The executive director of the commission shall prepare a report for the commission summarizing the nature and effects of the request. The report shall be prepared and distributed in the same manner as an application summary, as provided in Sections 13057 and 13059 but shall deal only with those issues raised by the requirements of Public Resources Code, Section 30610.5. Notice of the hearing shall be provided in the manner set forth in Section 13016. Oral hearing procedures shall be those set forth in Sections 13064-13068.




Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30610.5, Public Resources Code.

s 13221. Commission Action on Request.

(a) If the staff report contained an initial staff recommendation, the commission may, at its discretion, vote on the request at the same meeting following the conclusion of the public hearing in the same manner as provided in Sections 13081-13083.

(b) If the staff report did not contain an initial recommendation, the executive director shall prepare a written recommendation on the request for exclusion after the close of the public hearing. The executive director's staff recommendation shall be prepared and distributed as provided in Sections 13075 and 13076 but the proposed action, findings, and conditions shall be stated only in terms of the requirements of Public Resources Code, Section 30610.5. The commission shall act on the request for exclusion, approving or denying it in whole or in part, at the next regularly scheduled meeting following completion of the public hearing, unless the commission finds that good cause exists for continuing its action to a later time.




s 13222. Effective Date of Urban Exclusion.

No urban exclusion approved by the commission shall be effective until the following occur:

(a) The requesting local government, by action of its governing body, acknowledges receipt of the commission's resolution of approval including any conditions which may have been required pursuant to Public Resources Code, Section 30610.5 and

(b) The requesting local government, by appropriate action of its governing body, accepts and agrees to the terms and conditions, if any, to which the urban exclusion has been made subject and takes final action to implement all such conditions.




s 13223. Denial of Request for Exclusion.

If the commission denies a request for exclusion it shall adopta resolution indicating the reasons for such denial, and shall transmit the resolution to the requesting local government. Following such denial, a new request for exclusion of the same area may be filed with the commission after the expiration of three (3) months from the date of the commission's action, provided that the local government submits information indicating the reasons for denial have been overcome in the new request.




s 13224. Termination of Final Request.

The local government may at any time terminate the request for exclusion and such termination shall void the order granting the exclusion and reinstate the development controls of the California Coastal Act of 1976. Upon termination of the request, no new request for an exclusion of the same area may be filed with the commission for three (3) months from the date of termination.




s 13225. Amendments to Order Granting Exclusion.

The local government may request amendments to the order granting exclusion and shall file such requests with the commission. Amendments that do not result in a significant change affecting the requirements of Public Resources Code, Section 30610.5(b) may be approved by the executive director of the commission and shall be reported to the commission at the next regularly scheduled meeting of the commission for which notice can be provided pursuant to Section 13220. The findings of the executive director shall be conclusive unless three (3) or more commissioners, following any public comment on the proposed amendments request to review the determination of whether the proposed amendment would constitute a significant change. Upon such a request by three (3) or more commissioners, the commission shall determine whether the amendment would result in a significant change in density, height or nature of uses in the excluded area. If the amendment is determined not to be substantial, the amendment shall be deemed approved and shall immediately be incorporated in the original order granting the exclusion. An amendment found to be substantial shall, at the option of the local government, be treated in the same manner as a new request to exclude an urban area or as a request for a categorical exclusion pursuant to Sections 13240-13249.




Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30610.5, Public Resources Code.





Note: Authority cited: Sections 30331 and 30333, Public Resources Code.

s 13230. Effect of an Order Granting Exclusion.

An order granting exclusion removes the area in question from the provisions of Chapter 7 of the California Coastal Act of 1976, from the effective date of the exclusion order until the certification of a local coastal program or January 1, 1981, whichever is earlier and therefore no permit application otherwise requiring a local government permit for the proposed development activity shall be filed for such an area with the commission. No development inconsistent with such order may take place unless the order is amended or terminated as provided in this Subchapter.




Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30610.5, Public Resources Code.

s 13231. Interpretation of Exclusion.

Any person may request an interpretation of the order granting an exclusion from the executive director of the commission. The executive director shall, as soon as time and resources allow, make such interpretation; such interpretation shall be reviewed by the commission at its next regularly scheduled meeting for which notice can be provided pursuant to Section 13220. The decision of the executive director shall be conclusive unless three (3) or more members of the commission request to review the interpretation, in which case the commission shall make the interpretation by majority vote of the appointed membership. The affected local government shall be notified of any such interpretation. The commission will review any interpretation of the executive director if requested by the affected local government.




s 13234. Termination upon Adoption of Local Coastal Program.

Upon the effective date of the delegation of development review authority to a local government pursuant to Public Resources Code, Section 30519, an urban exclusion order shall automatically be deemed terminated for that portion of the urban exclusion land area included in the approved local coastal program. Any permit granted pursuant to an exclusion order shall remain in effect, provided that no substantial change is made in the development plan previously approved and all necessary governmental approvals remain in effect.




s 13235. Applicability of an Exclusion to the Local Coastal Program.

The circumstances, provisions, terms conditions, etc., related to an urban exclusion shall not prejudice the certification or denial of certification of the Local Coastal Program by the commission.




Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30610.5, Public Resources Code.

s 13238. Scope of Subchapter.

This subchapter governs procedures to process waivers from permit requirements for de minimis projects pursuant to Public Resources Code Section 30624.7.




Note: Authority cited: Sections 30333 and 30624.7, Public Resources Code. Reference: Section 30624.7, Public Resources Code.

s 13238.1. Application.

The executive director may issue a waiver from permit requirements after review of a completed permit application. If, upon review of the application, the executive director determines that the permit requirements may be waived, the applicant shall post public notice as required by Section 13054(b), and shall provide any additional notice to the public that the executive director deems appropriate. The executive director shall notify any person known to be interested in the proposed development of the proposed waiver.




Note: Authority cited: Sections 30333 and 30624.7, Public Resources Code. Reference: Section 30624.7, Public Resources Code.


s 13238.2. Report to the Commission.

The executive director shall report to the Commission those projects for which waivers have been issued under this subchapter, with sufficient description to give notice of the proposed development to the Commission. A list of waivers issued by the executive director shall be available for public inspection at the meeting during which the waivers will be reported. Any waivers issued by the executive director shall be included in the report for the next meeting. If, pursuant to Public Resources Code Section 30624.7, the Commission requests that the waiver not be effective, the applicant shall be advised that a coastal permit is required if the applicant wishes to proceed with the development.




Note: Authority cited: Sections 30333 and 30624.7, Public Resources Code. Reference: Section 30624.7, Public Resources Code.



s 13240. Categorical Exclusions.

The provisions of this Subchapter shall govern the procedure of the commission in considering the exclusion of any category of development or any category of development within a specifically defined geographic area from the coastal development permit requirements of Chapter 7 of the California Coastal Act of 1976 (commencing with Section 30600) pursuant to Public Resources Code, Section 30610(e).




Note: Authority cited: Sections 30331 and 30333, Public Resources Code. Reference: Section 30610(e), Public Resources Code.

s 13241. Request for Exclusion.

(a) In the case of a local government or other public agency requesting that a category of development or categories of development within a specific geographic area be excluded from the coastal development permit requirements of Chapter 7 of the California Coastal Act of 1976 (commencing with Public Resources Code, Section 30600), such agency shall provide the executive director of the commission with materials and information that the executive director deems necessary to make the findings required by Public Resources Code, Section 30610(e) and 30610.5(b) and the California Environmental Quality Act (commencing with Public Resources Code Section 21000). The executive director shall cause a public hearing on such a request to be scheduled within a reasonable time of the receipt of materials and information sufficient to allow him to evaluate whether the request for exclusion meets the requirements of Public Resources Code, Sections 30610(e) and 30610.5(b).

(b) In the case of a request by a person not representing a public agency, the executive director shall review proposed requests for categorical exclusions and submit for commission review only those requests that appear to meet the requirements of Public Resources Code, Sections 30610(e) and 30610.5(b).

(c) Commission requests shall be reviewed in the same manner as provided in subsection (a) above.




Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30610(e), Public Resources Code.

s 13242. Hearing Procedures.

The executive director of the commission, after consultation with the public agency that approves development activity for the particular category of development proposed for exclusion with any affected local government and with any persons known to be interested in the development activity, shall prepare and distribute a report in the same manner provided in Section 13220. If the commission determines after the public hearing is closed that the proposed categorical exclusion warrants commission action, the executive director shall prepare a recommendation in the same manner as provided in Section 13221.




s 13243. Commission Action on Order Granting Exclusion.

The commission shall, by a two-thirds (2/3) vote of its appointed members, exclude those categories of development or categories of development within specific geographic areas that it finds meet the criteria of Public Resources Code, Section 30610(e); the commission shall require such terms and conditions as it deems necessary pursuant to Public Resources Code, Section 30610.5(b). The commission's order granting the exclusion shall contain the following:

(a) A precise description of the category of development or category of development within a specific geographic area that is the subject of the exclusion in sufficient detail to permit any person to know precisely which category of development within a specific geographic area does not require a coastal development permit pursuant to Chapter 7 of the California Coastal Act of 1976.

(b) Specific findings supporting such determination to grant the exclusion as required by Public Resources Code Section 30610(e).

(c) Any terms and conditions necessary to comply with the requirements of Section 30610.5(b). Such terms and conditions may also specify that certain categories of development or categories of development within a specific geographic area may be excluded only on a condition that local government development approvals are reviewable by the commission in the same manner as provided in Sections 13318-13323.

(d) Any category of development for which the commission shall receive notice of public agency approval.

(e) A declaration that the exclusion may be rescinded at any time, in whole or in part, if the commission finds by a majority vote of its appointed membership after public hearing that the terms and conditions of the exclusion order no longer support the findings specified in Public Resources Code, Section 30610(e) and that the order may be revoked at any time that the terms and conditions of the order are violated as provided in Public Resources Code, Section 30610.5.




Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30610(e), Public Resources Code.

s 13244. Order Granting Exclusion.

Upon adoption of an order granting an exclusion pursuant to this article, the commission shall transmit copies of such order to each applicable local government or other public agency affected by the exclusion order. No categorical exclusion approved by the commission shall be effective until the following occur:

(a) The public agency which issues the permit for the category of development that is the subject of the categorical exclusion order, by action of its governing body, acknowledges receipt of the commission's resolution of approval, including any conditions which may have been required pursuant to Public Resources Code Section 30610.5;

(b) The agency described in subsection (a) above, by appropriate action of its governing body, accepts and agrees to the terms and conditions to which the categorical exclusion has been made subject; and

(c) The executive director of the commission determines in writing that the public agency's resolution is legally adequate to carry out the exclusion order and that the notification procedures satisfy the requirements of the exclusion order.

The approval of any category of development excluded on condition that the commission shall have the right to review any such development shall be conditioned on the requirement that the public agency permit shall not become effective for twenty (20) working days following commission receipt of notification as provided in Section 13243 (c) and (d).




Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30610(e), Public Resources Code.

s 13244.1. Adopted Categorical Exclusions.




Note: Authority cited: Section 30333, Public Resources Code. Reference: Sections 30610(d) and 30610.5(a) and (b), Public Resources Code.

s 13245. Interpretation, Amendment or Termination of Exclusion Order.

An interpretation of a categorical exclusion order may be requested in the same manner provided in Section 13231. A request for amendment to a categorical exclusion order shall be reviewed in the same manner provided in Section 13225, provided that approval of a proposed amendment shall be by two-thirds (2/3) vote of the appointed membership. A public agency may request that a categorical exclusion order be terminated in the manner provided in Section 13224.




s 13247. Effect of a Categorical Exclusion Order.

An order granting an exclusion for a category of development removes that category of development from the permit requirements of Chapter 7 of the California Coastal Act of 1976 to the extent and in the manner specifically provided in the exclusion order. No development inconsistent with such order may take place unless the order is amended or terminated as provided in this subchapter or a final coastal development permit is issued.




s 13248. Notification of Development Approvals.

Any public agency issuing a development permit for any excluded category of development or category of development within a specific geographic area for which notification requirements are specified in the commission's exclusion order shall notify the commission of such development approval in the same manner as required in Section 13315.




s 13249. Termination of Order Granting Exclusion.

The commission may revoke an order granting a categorical exclusion at any time after public hearing as set forth below:

(a) If the executive director or any two (2) members of the commission determine that development inconsistent with the exclusion order has been permitted and that corrective measures other than revocation have not been or may not be effective, the executive director shall cause to have scheduled a public hearing to be conducted in the manner provided in Section 13243. If the commission determines after public hearing that the conditions of exclusion have been violated, it may by a majority vote of its authorized membership, revoke the exclusion order and reinstate the permit requirements of the California Coastal Act of 1976 (commencing with Public Resources Code, Section 30600) as of the date of the commission's decision to revoke the exclusion order. The procedures for rescission of an exclusion order shall be the same except that the commission must find that the terms and conclusions of the exclusion order no longer support the findings required by Public Resources Code, Section 30610(e).

(b) Upon the effective date of the delegation of development review authority to a local government pursuant to Public Resources Code, Section 30519, a categorical exclusion order shall automatically be deemed terminated for any category of development included in the geographic area of the approved local coastal program.

(c) At the time of the termination of an exclusion order pursuant to subsection (a) above, the commission shall indicate any prior permits approved during the term of the exclusion order that will require coastal commission permit review pursuant to these regulations. Any permit approved prior to the termination of an exclusion order pursuant to subsection (b) above shall remain in effect, provided that no substantial change is made in the development plans previously approved and all necessary governmental approvals remain in effect.




Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30610(e), Public Resources Code.

s 13250. Improvements to Existing Single-Family Residences.

(a) For purposes of Public Resources Code Section 30610(a) where there is an existing single-family residential building, the following shall be considered a part of that structure:

(1) All fixtures and other structures directly attached to a residence;

(2) Structures on the property normally associated with a single-family residence, such as garages, swimming pools, fences, and storage sheds; but not including guest houses or self-contained residential units; and

(3) Landscaping on the lot.

(b) Pursuant to Public Resources Code Section 30610(a), the following classes of development require a coastal development permit because they involve a risk of adverse environmental effects:

(1) Improvements to a single-family structure if the structure or improvement is located: on a beach, in a wetland, seaward of the mean high tide line, in an environmentally sensitive habitat area, in an area designated as highly scenic in a certified land use plan, or within 50 feet of the edge of a coastal bluff.

(2) Any significant alteration of land forms including removal or placement of vegetation, on a beach, wetland, or sand dune, or within 50 feet of the edge of a coastal bluff, or in environmentally sensitive habitat areas;

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

(4) On property not included in subsection (b)(1) above that is located 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 tide of the sea where there is no beach, whichever is the greater distance, or in significant scenic resources areas as designated by the commission or regional commission, improvement that would result in an increase of 10 percent or more of internal floor area of an existing structure or an additional improvement of 10 percent or less where an improvement to the structure had previously been undertaken pursuant to Public Resources Code Section 30610(a), increase in height by more than 10 percent of an existing structure and/or any significant non-attached structure such as garages, fences, shoreline protective works or docks.

(5) In areas which the commission or a regional commission has previously declared by resolution after public hearing to have a critically short water supply that must be maintained for the protection of coastal resources or public recreational use, 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 of any landscaping irrigation system.

(6) Any improvement to a single-family residence where the development permit issued for the original structure by the commission, regional commission, or local government indicated that any future improvements would require a development permit.

(c) In any particular case, even though an improvement falls into one of the classes set forth in subsection (b) above, the executive director of the commission may, where he or she finds the impact of the development on coastal resources or coastal access to be insignificant, waive the requirement of a permit; provided, however, that any such waiver shall not be effective until it is reported to the commission at its next regularly scheduled meeting. If any three (3) commissioners object to the waiver, the proposed improvement shall not be undertaken without a permit.




Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30610(a), Public Resources Code.

s 13252. Repair and Maintenance of Activities Requiring a Permit.

(a) For purposes of Public Resources Code Section 30610(d), the following extraordinary methods of repair and maintenance shall require a coastal development permit because they involve a risk of substantial adverse environmental impact:

(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) Repair or maintenance involving 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, streams, wetlands, estuaries and lakes or on a shoreline protective work except for agricultural dikes within enclosed bays or estuaries;

(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, bluff, or environmentally sensitive habitat area, or within 20 feet of coastal waters or streams.

(2) Any method of routine maintenance dredging that involves:

(A) The dredging of 100,000 cubic yards or more within a twelve (12) month period;

(B) The placement of dredged spoils of any quantity within an environmentally sensitive habitat area, on 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 or streams; or

(C) The removal, sale, or disposal of dredged spoils of any quantity that would be suitable for beach nourishment in an area the commission has declared by resolution to have a critically short sand supply that must be maintained for protection of structures, coastal access or public recreational use.

(3) 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 or streams that include:

(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;

(B) The presence, whether temporary or permanent, of mechanized equipment or construction materials.

All repair and maintenance activities governed by the above provisions shall be subject to the permit regulations promulgated pursuant to the Coastal Act, including but not limited to the regulations governing administrative and emergency permits. The provisions of this section shall not be applicable to methods of repair and maintenance undertaken by the ports listed in Public Resources Code Section 30700 unless so provided elsewhere in these regulations. The provisions of this section shall not be applicable to those activities specifically described in the document entitled Repair, Maintenance and Utility Hookups, adopted by the Commission on September 5, 1978 unless a proposed activity will have a risk of substantial adverse impact on public access, environmentally sensitive habitat area, wetlands, or public views to the ocean.

(b) Unless destroyed by natural disaster, the replacement of 50 percent or more of a single family residence, seawall, revetment, bluff retaining wall, breakwater, groin or any other structure is not repair and maintenance under Section 30610(d) but instead constitutes a replacement structure requiring a coastal development permit.

(c) Notwithstanding the above provisions, the executive director of the commission shall have the discretion to exempt from this section ongoing routine repair and maintenance activities of local governments, state agencies, and public utilities (such as railroads) involving shoreline works protecting transportation road ways.

(d) Pursuant to this section, the commission may issue a permit for on-going maintenance activities for a term in excess of the two year term provided by these regulations.

(e) In any particular case, even though a method of repair and maintenance is identified in subsection (a) above, the executive director may, where he or she finds the impact of the development on coastal resources or coastal access to be insignificant, waive the requirement of a permit; provided however, that any such waiver shall not be effective until it is reported to the commission at its next regularly scheduled meeting. If any three (3) commissioners object to the waiver, the proposed repair and maintenance shall not be undertaken without a permit.




Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30610(d), Public Resources Code.


s 13253. Improvements That Require Permits.

(a) For purposes of Public Resources Code Section 30610(b) where there is an existing structure, other than a single-family residence or public works facility, the following shall be considered a part of that structure:

(1) All fixtures and other structures directly attached to the structure.

(2) Landscaping on the lot.

(b) Pursuant to Public Resources Code Section 30610(b), the following classes of development require a coastal development permit because they involve a risk of adverse environmental effect, adversely affect public access, or involve a change in use contrary to the policy of Division 20 of the Public Resources Code:

(1) Improvement to any structure if the structure or the improvement is located: on a beach; in a wetland, stream, or lake; seaward of the mean high tide line; in an area designated as highly scenic in a certified land use plan; or within 50 feet of the edge of a coastal bluff;

(2) Any significant alteration of land forms including removal or placement of vegetation, on a beach or sand dune; in a wetland or stream; within 100 feet of the edge of a coastal bluff, in a highly scenic area, or in an environmentally sensitive habitat area;

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

(4) On property not included in subsection (b)(1) above that is located 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 tide of the sea where there is no beach, whichever is the greater distance, or in significant scenic resource areas as designated by the commission or regional commission an improvement that would result in an increase of 10 percent or more of internal floor area of the existing structure, or constitute an additional improvement of 10 percent or less where an improvement to the structure has previously been undertaken pursuant to Public Resources Code Section 30610(b), and/or increase in height by more than 10 percent of an existing structure;

(5) In areas which the commission or regional commission has previously declared by resolution after public hearing to have a critically short water supply that must be maintained for protection of coastal recreation or public recreational use, the construction of any specified major water using development including but not limited to swimming pools or the construction or extension of any landscaping irrigation system;

(6) Any improvement to a structure where the coastal development permit issued for the original structure by the commission, regional commission, or local government indicated that any future improvements would require a development permit;

(7) Any improvement to a structure which changes the intensity of use of the structure;

(8) Any improvement made pursuant to a 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.

(c) In any particular case, even though the proposed improvement falls into one of the classes set forth in subsection (b) above, the executive director of the commission may, where he or she finds the impact of the development on coastal resources or coastal access to be insignificant, waive the requirement of a permit; provided, however, that any such waiver shall not be effective until it is reported to the commission at its next regularly scheduled meeting. If any three (3) commissioners object to the waiver, the proposed improvement shall not be undertaken without a permit.




Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30610(b), Public Resources Code.

s 13255.0. Scope.

This subchapter shall govern the request, review and implementation of proposed minor adjustments to the inland boundary of the coastal zone pursuant to Public Resources Code Section 30103(b). Boundary adjustments made pursuant to this subchapter shall be determinative for all purposes with respect to the California Coastal Act of 1976.




Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30103(b), Public Resources Code.

s 13255.1. Request for Boundary Adjustment.

(a) The owner of the affected lot or parcel, the local government of jurisdiction, or the executive director of the commission may propose that the inland boundary of the coastal zone be adjusted to avoid bisecting any lot or parcel, or to conform the boundary to readily identifiable natural or manmade features. The request to adjust the boundary shall be made in writing to the commission.

(b) The request for a boundary adjustment shall be accompanied by sufficient information to enable the commission to determine whether the proposed adjustment is consistent with Public Resources Code Section 30103(b). This information shall include:

(1) Name and address of the owner of the affected lot or parcel.

(2) Names and addresses of all occupants of the affected lot or parcel.

(3) A description and documentation of the applicant's legal interest in the affected lot or parcel.

(4) Names and addresses of all owners and occupants of all lots or parcels wholly or partially within 100 feet of the affected lot or parcel and the addresses of all such lots or parcels;

(5) A map of suitable scale to show the present and proposed location of the coastal zone boundary, all lots or parcels within 100 feet of the affected lot or parcel, and the existence and location of all readily identifiable natural and manmade features;

(6) A description of the existing use of the affected lot or parcel and the nearby lands.

(7) A discussion of the reasons is for the request that the coastal zone boundary be adjusted.

(c) The person requesting the adjustment shall post a conspicuous notice of the proposed adjustment at the time the request is submitted to the commission. The form and location of the posted notice shall be similar to that required by Section 13054(b) for permit matters.

(d) The request for a boundary adjustment shall be accompanied by a filing and processing fee to be paid by check or money order in an amount determined as follows:

(1) Twenty-five dollars ($25.00) if the portion of the lot or parcel affected by the adjustment is less than or equal to five acres in area.

(2) Fifty dollars ($50.00) if the portion of the parcel affected by the adjustment is greater than five acres but less than or equal to forty acres in area.

(3) One hundred dollars ($100.00) if the portion of the parcel affected by the adjustment is greater than forty acres but less than or equal to one thousand acres in area.

(4) Two hundred and fifty dollars ($250.00) if the portion of the parcel affected by the adjustment is greater than one thousand acres in area.

The executive director of the commission may waive the filing and processing fee in full or in part where the request concerns the same lot or parcel considered for a previous boundary adjustment or permit application where no substantial staff work is required or where the request is made by the local government of jurisdiction.




Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30103(b), Public Resources Code.

s 13255.2. Notification Requirements.

The person requesting the adjustment shall provide notice to affected parties, property owners and occupants of any parcel within 100 feet of any boundary of the affected parcel and to any other persons known to be interested in the proposed boundary adjustments. This notice shall comply with the requirements prescribed in Section 13054 for permit matters.




Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30103(b), Public Resources Code.


s 13256.0. Consideration by Regional Commission of Requests for Boundary Adjustments.




Note: Authority cited: Section 30333, Public Resources Code. Reference: Sections 30103(b) and 30305, Public Resources Code. (continued)