Statutory Provisions for Coastal Permits
Excerpts from Chapter 21.25, Division IX – Local Coastal Development Permits, LBMC
21.25.903 – Permit required.
All development in the coastal zone shall be required to obtain
either a coastal permit pursuant to Section 21.25.904 or a
coastal permit categorical exclusion pursuant to Section
21.25.906. Such approval must be issued prior to the start of
development and shall be required in addition to any other
permits or approvals required by the City.
A. Coastal Permit Issued by the Coastal
Commission. Developments on tidelands and submerged
lands require a permit issued by the California Coastal
Commission in accordance with the procedure as specified by
the California Coastal Commission.
B. Coastal Permits Issued by the City. The following
categories of projects require coastal permits in accordance
with the procedures set forth in this Division:
1. Development on the first lot located on,
adjacent to, across the street from, or abutting the beach, bay,
ocean or tidelands, except minor addition to a single-family
residence as specified in Subsection 21.25.903.C (categorical
exclusion).
2. All development projects which require
additional discretionary review (such as a conditional use
permit, subdivision map or standards variance).
3. Traffic improvements which do not
qualify for categorical exclusion.
4. Public works projects, excluding traffic
improvement projects, with an estimated cost of fifty thousand
dollars ($50,000.00) or more.
C. Exemptions. The following categories of projects
are exempt from the coastal permit requirement. However, a
coastal permit categorical exclusion (CPCE) shall be obtained
pursuant to the procedures indicated in Section 21.25.906.
1. Minor additions on existing single-family
residences for the first lot located on, adjacent to, across the
street from, or abutting the beach, bay ocean or tidelands.
Such addition must be less than ten percent (10%) of the
existing floor area and shall not create an additional story or
loft.
2. All projects (excluding the above) which
are consistent with the Zoning Regulations and which do not
require any discretionary review (e.g., conditional use permit,
subdivision map).
3. Traffic improvements which do not:
a. Alter roadway or intersection
capacity by more than ten percent (10%) (except stop signs
and stop lights); or
b. Decrease parking (except by
establishing a red curb next to a corner); or
c. Impair access to the coast.
4. Public works projects (excluding traffic
improvements) with an estimated cost of forty-nine thousand
nine hundred ninety-nine dollars ($49,999.00) or less.
21.25.906 – Procedures—Categorical exclusion.
This Section outlines the procedures for processing
developments exempt from local coastal permit
requirements.
A. Jurisdiction. The Zoning Administrator, or
his designee, shall determine whether a proposed
development is exempt, as provided for in Subsection
21.25.903.C of this Chapter.
B. Means of Determination. Determination
that a proposed development is exempt shall be made
by checking the proposed development with the
certified local coastal program, including all maps, land
use designations, implementing zoning regulations
and guidelines for exemption.
C. No Hearing Required. No public hearing or
notice shall be required for a project determined to be
exempt.
D. Appeal of Determination. Any person may
appeal the Zoning Administrator's determination by
requesting a referral of the matter to the Executive
Director of the Coastal Commission. If the
determination of the Executive Director of the Coastal
Commission differs from that of the Zoning
Administrator, then the matter shall be resolved by a
hearing before the Coastal Commission.
E. Effective Date. A decision that a
development is exempt shall be effective when such a
decision is made by the Zoning Administrator, or his
designee, unless the decision is appealed.
F. Records Required. A public record,
including the applicant's name, the location and brief
description of the development shall be kept for all
developments determined to be exempt.