Article XXXIV. - Coastal Permit Regulations.
Sec. 26C-340A. - Purpose.
Sec. 26C-340. - Application.
Sec. 26C-340.1. - Exemptions and categorical exclusions.
Sec. 26C-340.2. - Action on coastal permit.
Sec. 26C-341. - Standards for application review.
Sec. 26C-341.1. - Administrative coastal permit.
Sec. 26C-341.2. - Emergency coastal permit.
Sec. 26C-343. - Public hearing and comment.
Sec. 26C-344. - Notice.
Sec. 26C-345. - Conditions.
Sec. 26C-346. - Findings.
Sec. 26C-347. - Appeals.
Sec. 26C-348. - Expiration of permits.
Sec. 26C-349. - Permit amendment.
Sec. 26C-340A. - Purpose.
To establish procedures and findings for the issuance of development permits in the coastal zone. Where the plans, policies,
requirements or standards of the coastal program, as applied to any project in the CC combining district, conflict with those
of the underlying district, or other provisions of this article, the plans, policies, requirements or standards of the coastal
program shall take precedence. The CC combining district shall be coterminous with the coastal zone of Sonoma County as established
by the Coastal Act of 1976 and as may subsequently be amended. All districts in the coastal zone shall be combined with the
coastal combining district.
(Ord. No. 5318 § 1, 2001.)
Sec. 26C-340. - Application.
A coastal permit shall be required for any development occurring in the coastal zone, except as provided for in Section 26C-340.1.
Development undertaken pursuant to a coastal permit shall conform to the plans, specifications, terms or conditions approved
in granting the permit.
Application for a coastal permit shall be made to the permit and resource management department on forms provided by the director
of the permit and resource management department and shall be accompanied by such plans and data as are necessary to determine
compliance with this chapter.
(Ord. No. 5318 § 1, 2001.)
Sec. 26C-340.1. - Exemptions and categorical exclusions.
The Coastal Act of 1976 exempts certain activities from coastal permit requirements pursuant to public resources code Sections
30610 and 30106. The coastal act also allows the coastal commission, pursuant to public resources code Sections 30610 (d)
and 30610.5 (b), to exclude from coastal permit regulations any category of development within a specifically defined geographic
area if they find that such an exclusion will not result in a potential for any significant adverse effect, either individually
or cumulatively, on coastal resources or on public access or along the coast.
(a)
Exemptions:
(1)
Replacement of any legal conforming structure, destroyed by fire or acts of God, provided, however, that the county may establish
reasonable conditions to mitigate adverse impacts on coastal resources.
(2)
Maintenance dredging of existing navigation channels or moving dredged material from such channels for disposal outside the
coastal zone pursuant to a U.S. Army Corps of Engineers permit.
(3)
The harvesting of trees for timber, and other timber management activities including road construction subject to an approved
California division of forestry timber harvesting plan.
(4)
Lot line adjustments not resulting in an increase in the number of lots or in allowable residential units.
(5)
Tentative subdivision maps in connection with the purchase of land by a public agency for recreational purposes.
(6)
Processing of historic district zoning on designated sites.
(7)
Repair and maintenance activities which do not result in an addition to or enlargement or expansion of the object of such
activities, except as otherwise specified in Subchapter 7, Title 14, California Administrative Code and any amendments thereafter
adopted.
(8)
Activities of public utilities as specified in the repair, maintenance and utility hookup exclusion adopted by the coastal
commission on September 5, 1978.
(9)
Improvements to existing single-family residences provided that the structure is not located on a beach, wetland, or seaward
of the mean high tide line, or within fifty feet (50′) of the edge of a coastal bluff, and that the improvement does not exceed
ten percent (10%) of the floor area of the structure.
(10)
Improvements to any structure other than a single family residence or a public works facility, except as otherwise specified
in Subchapter 7.5, Title 14, California Administrative Code and any amendments thereafter.
(b)
Categorical exclusions:
Several categories of development have been excluded from the coastal permit requirement by the coastal commission under public
resources code Section 30610(d) and 30610.5(b). In no case shall any categorical exclusion apply to such development that
is proposed on tide and submerged land, beaches, and lots immediately adjacent to the inland extent of any beach, or of the
mean high tide line of the sea where there is no beach or lands and waters subject to the public trust as specified in public
resources code Section 30610.5(b). Refer to the coastal administrative manual for the categorical exclusion order E-81-5 and
subsequent amendments.
(Ord. No. 5318 § 1, 2001.)
Sec. 26C-340.2. - Action on coastal permit.
(a)
If action on other permits or approvals is to be taken by the director of the permit and resource management department, the
board of zoning adjustments, the planning commission, project review and advisory committee, design review committee, or the
board of supervisors, then that person, commission or board may also act on the coastal permit.
(b)
If the project requires no discretionary county permit or approval other than a coastal permit, then the director of the permit
and resource management department shall act on the coastal permit.
(c)
If, in accordance with paragraphs (a) and (b) above, action on a coastal permit would be taken by the director of the permit
and resource management department but Section 26C-343 requires a public hearing, then the board of zoning Adjustments shall
act in place of the director of the permit and resource management department.
(d)
If final action on other permits or approvals requires the recommendation of one (1) person or body to another, as in the
case where the planning commission makes recommendations to the board of supervisors, then that person or body shall make
a concurrent recommendation on the coastal permit.
(Ord. No. 5318 § 1, 2001.)
Sec. 26C-341. - Standards for application review.
The officer, commission or board acting on a coastal permit shall review the project for compliance with: all applicable plans,
policies, requirements and standards of the coastal program; the county general plan, requirements of the underlying zoning
district, and other provisions of this chapter.
(Ord. No. 5318 § 1, 2001.)
Sec. 26C-341.1. - Administrative coastal permit.
The purpose of the administrative coastal permit is to provide for the administrative issuance of coastal development permits
for the types of projects specified below:
(a)
Any single family residence or accessory use that is a principal permitted use within the zoning district in which the development
site is located which does not fall within any of the following categories:
(1)
Exemptions and categorical exclusions as listed in Section 26C-340.1.
(2)
Appealable areas as listed in Section 26C-347.
(3)
Proposals within the outstanding portion of the scenic viewshed as shown on the review process/final view rating maps on file
in the permit and resource management department.
(b)
Any other development specifically authorized as a principal permitted use within the zoning district in which the development
site is located which does not fall within Section 26C-341.1(a) 1, 2, and 3.
(c)
Appeal provisions are listed in Section 26C-347.
(Ord. No. 5318 § 1, 2001.)
Sec. 26C-341.2. - Emergency coastal permit.
An emergency coastal permit may be issued by the director to authorize an applicant to proceed with remedial, immediate, temporary
work responding to a verified emergency as defined by the coastal act. Emergency authorization may be given by the director
until such time as a coastal development application shall be filed.
(a)
An application shall be made in the manner described in Section 26C-340 if time allows, or in person, or by telephone if time
does not allow. The information to be reported at the time of the emergency shall include the following:
(1)
Nature and cause of emergency.
(2)
Location/address, assessor's parcel number.
(3)
Remedial work and method necessary to deal with the emergency.
(4)
Circumstances to justify the course of action to be taken, including consequences of failing to take action.
(5)
Timing of emergency work (when work will be performed and for how long).
(b)
The director shall not grant an emergency permit for any development in an area in which the coastal commission retains direct
authority under the coastal act.
(c)
The director shall verify that the situation is in fact an emergency as defined in the coastal act, and perform a site visit
if possible.
(d)
The director shall provide public notice of the proposed emergency action to the extent possible. Public notice shall be posted
on the site and mailed to all persons within one hundred feet (100′) of the subject property, prior to the emergency work
if time allows. If time does not allow, public notice shall be given as soon as possible.
(e)
The director may grant the emergency permit with conditions, including an expiration date and the requirement for a regular
coastal permit application, finding that:
(1)
A verified emergency exists and work shall be completed within thirty (30) days or as otherwise specified.
(2)
Public notice has been given as time allows.
(3)
The work will be consistent with requirements of the local coastal program.
(f)
An emergency permit shall be valid for sixty (60) days from date of issuance. Prior to expiration, the applicant shall submit
a regular coastal permit application for processing. Failure to comply with provisions of this section may result in enforcement
action by the county.
(g)
The director shall report in writing to the board of supervisors at their next meeting, the granting of an emergency permit,
describing the nature of the emergency and the work involved. The reporting shall be informational only; the decision to issue
an emergency permit is at the discretion of the director subject to provisions of this chapter.
(Ord. No. 5318 § 1, 2001.)
Sec. 26C-343. - Public hearing and comment.
(a)
The appropriate person or body specified in Section 26C-340.2 shall hold a public hearing prior to any action on a coastal
permit where any of the following apply:
(1)
Action or recommendation on other permits or approvals required for the project require the holding of a public hearing.
(2)
The permit is for a project appealable to the coastal commission.
(b)
A public hearing on a coastal permit may be held concurrently with any other public hearing on the project held by the appropriate
person or body specified in Section 26C-340.2.
(c)
Any person may submit written comment on an application for a coastal permit, or on a coastal permit appeal at any time prior
to the close of the applicable public hearing. If no public hearing is required, written comments may be submitted prior to
the decision date specified in Section 26C-344(b). Written comments shall be submitted to the director of the permit and resource
management department who shall forward them to the appropriate person, commission, board or applicant.
(d)
For minor development projects, the public hearing may be waived, at the discretion of the director, if it meets the criteria
for minor development in Section 26C-12.
(1)
An application for a coastal permit shall be made as stated in Section 26C-340. Notice shall be given in the same manner as
in Section 26C-485.1 (a), but stating that the county intends to waive the requirement of a hearing unless a written request
for a public hearing is received within fifteen (15) working days.
(2)
If no protest is received, the director may approve the application and grant the coastal development permit.
(3)
If a written protest is received, a public hearing shall be held with noticing, pursuant to Section 26C-344(a).
(4)
The notice provided pursuant to this section shall include a statement that failure by a person to request a public hearing
may result in the loss of that person's ability to appeal to the coastal commission any action taken by a local government
on a coastal development permit application.
(Ord. No. 5318 § 1, 2001.)
Sec. 26C-344. - Notice.
(a)
At least ten (10) calendar days prior to any public hearing notice of the hearing shall be provided by the following method:
(1)
Mailed notice to the applicant.
(2)
Mailed notice to all persons who have, in the past calendar year, requested county notice of all coastal permits.
(3)
Mailed notice to any person who has, in writing, requested notices relating to the permit in question.
(4)
Mailed notice to all property owners within three hundred feet (300′) of the perimeter of the property on which the project
is proposed.
(5)
Mailed notice to residents within one hundred feet (100′) of the perimeter of the property on which the project is proposed.
(6)
Mailed notice to the coastal commission.
(7)
If the matter is heard by the planning commission, one (1) publication of notice in a newspaper of general circulation. Such
notice shall include items 1 thru 7 and 9 thru 13 in Section 26C-344(c).
(b)
At least ten (10) calendar days prior to action on a coastal permit for which no public hearing is required, notice of a pending
application and decision date shall be provided by the following method:
(1)
Mailed notice to the applicant.
(2)
Mailed notice to all persons who have, in the past calendar year, requested county notice of all coastal permits.
(3)
Mailed notice to any person who has, in writing, requested notices relating to the coastal permit in question.
(4)
Mailed notice to all property owners and residents within one hundred feet (100′) of the property on which the project is
proposed.
(5)
Mailed notice to the coastal commission.
(6)
Such notice shall include items 1 thru 13 in Section 26C-344(c).
(c)
For the purposes of this section, each notice shall contain the following, as specified in paragraphs (a) and (b):
(1)
Date of application filing.
(4)
Project location and assessor's parcel number.
(7)
Date, time and place of public hearing.
(8)
Date of decision, if no public hearing is requested.
(9)
General hearing procedural information.
(10)
Method of submitting written comment.
(11)
Notice that action is appealable to the county governing bodies, and to the coastal commission, if applicable.
(12)
Method of appeal and fees, if applicable.
(13)
A statement that the development is within the coastal zone.
(d)
Within seven (7) calendar days of a final local decision on an application for any development, the county shall provide mailed
notice to:
(1)
The coastal commission.
(2)
Any persons who specifically requested notice of such final action by submitting a self-addressed stamped envelope to the
county.
(e)
Any such notice shall include conditions of project approval, written findings and procedures for appeal of the local decision
of the coastal commission.
(Ord. No. 5318 § 1, 2001.)
Sec. 26C-345. - Conditions.
Approval of a coastal permit shall be conditioned as necessary to ensure conformance with and implementation of the coastal
program. The approving authority may require modification and re-submittal of project plans, drawings and specifications to
ensure conformance with the coastal program. When modification and re-submittal of plans are required, action shall be deferred
for a sufficient period of time to allow the director of the permit and resource management department to prepare a recommendation
on the modified project.
(Ord. No. 5318 § 1, 2001.)
Sec. 26C-346. - Findings.
A coastal permit shall be approved only upon finding:
(a)
That the project, as described in the application and accompanying materials, is conditioned in accordance with Section 26C-345
and conforms with the plans, policies, requirements and standards of the Sonoma County Coastal Program.
(Ord. No. 5318 § 1, 2001.)
Sec. 26C-347. - Appeals.
Development pursuant to an approved coastal permit shall not commence until all applicable appeal periods expire, or, if appealed,
until all appeals, including the coastal commission, have been exhausted.
Two (2) concurrent appeal periods and procedures are required due to coastal act requirements as follows:
Action by the director of the permit and resource management department, board of zoning adjustments, planning commission,
design review committee, or project review committee, or project review and advisory committee to approve, condition or deny
any coastal permit may be appealed on or before the tenth calendar day following such action. Action by the director of the
permit and resource management department shall be appealed to the board of zoning adjustments. Action by the project review
and advisory committee or the design review committee may be appealed only to the board of supervisors.
Unless the appellant can demonstrate that appeal is made in accordance with Public Resources Code Section 30603 (as described
below), local regulations and fees will apply.
Action by the director of the permit and resource management department, board of zoning adjustments, planning commission,
design review committee or project review and advisory committee may be appealed without fee only for the following reasons
(#1-4) on or before the tenth working day following such action. Action by the director of the permit and resource management
department shall be appealed to the board of zoning adjustments. Action by the project review and advisory committee or the
design review committee shall be appealed to the planning commission. Action by the board of zoning adjustments or the planning
commission may be appealed only to the board of supervisors.
(1)
Developments approved by the local government between the sea and the first public road paralleling the sea or within three
hundred feet (300′) 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)
Developments approved by the local government not included within paragraph (1) of this section located on tidelands, submerged
lands, public trust lands, within one hundred feet (100′) of any wetland, estuary, stream or within three hundred feet (300′)
of the top of the seaward face of any coastal bluff.
(3)
Any development approved by a coastal county that is not designated as the principal permitted use under the zoning ordinances
as defined in coastal combining district.
(4)
Any development which constitutes a major public works project or a major energy facility. The phrase "major public works
project or a major energy facility" shall mean any proposed public works project or energy facility as defined by the coastal
act, exceeding one hundred thousand dollars ($100,000.00) in estimated cost of construction.
(c)
Coastal commission appeals.
Action by the board of supervisors on a coastal permit may be appealed for the following reasons (1-4) to the coastal commission
in accordance with coastal commission regulations on or before the tenth working day following receipt by the California Coastal
Commission of the notice of final action.
(1)
Developments approved by the local government between the sea and the first public road paralleling the sea or within three
hundred feet (300′) 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)
Developments approved by the local government not included within paragraph (1) of this section located on tidelands, submerged
lands, public trust lands, within one hundred feet (100′) of any wetland, estuary, stream or within three hundred feet (300′)
of the top of the seaward face of any coastal bluff.
(3)
Any development approved by a coastal county that is not designated as the principal permitted use under the zoning ordinances
as defined in coastal combining district.
(4)
Any development which constitutes a major public works project or a major energy facility. The phrase "major public works
project or a major energy facility" shall mean any proposed public works project or energy facility as defined by the coastal
act, exceeding one hundred thousand dollars ($100,000.00) in estimated cost of construction.
(d)
An appeal pursuant to Section 26C-347(b) may only be filed by the applicant for the coastal permit in question, an aggrieved
person, or any two members of the coastal commission. An appeal pursuant to Section 26C-347(c) may only be filed by the applicant
for the coastal permit in question, an aggrieved person who has exhausted local appeals, or any two (2) members of the coastal
commission.
Where a project is appealed by any two (2) members of the coastal commission, notice of commissioner appeals shall be transmitted
to the director of the permit and resource management department and the appeal to the commission shall be suspended pending
a decision on the merits by the board of supervisors. If the decision of the board of supervisors modifies or reverses the
previous decision, the commissioners shall be required to file a new appeal from that decision.
(e)
An appeal pursuant to Section 26C-347(c) shall be filed with the coastal commission.
(Ord. No. 5537 § 4(k), 2004; Ord. No. 5318 § 1, 2001.)
Sec. 26C-348. - Expiration of permits.
A coastal permit shall expire within two (2) years from its date of approval unless the permit has been used; provided however,
that upon written request by the applicant prior to the expiration of the two (2) year period, the permit approval may be
extended for not more than one (1) year by the authority which granted the original permit.
(Ord. No. 5318 § 1, 2001.)
Sec. 26C-349. - Permit amendment.
Upon application by the permittee, a coastal permit may be amended by the approving authority. Application for and action
on an amendment shall be accomplished in the same manner specified in this chapter for initial approval of a coastal permit.
All sections of this chapter shall apply to permit amendments.
(Ord. No. 5318 § 1, 2001.)