312-16 De Minimus Waivers from Coastal Development Permit Requirements
16.1 APPLICABILITY
The procedural requirements for Coastal Development Permits in this Chapter may be waived by the Director to simplify the review of projects that involve no potential for any adverse effects, either individually or cumulatively, on coastal resources and that are consistent with the certified LCP. (Ord. 2167, Sec. 37, 4/7/1998; Ord. 2367A, 7/25/2006)
16.2 CRITERIA FOR WAIVER OF PROCEDURES
The procedural requirements of this Chapter may be waived by the Director to allow the following development:
16.2.1Construction of retaining walls less than four (4) feet in height with a maximum surface area of 100 square feet,
16.2.2Demolition of non-historic structures,
16.2.3Placement of private test water supply wells,
16.2.4“One for one” replacement or abandonment of minor utilities,
16.2.5Repair and replacement work associated with underground and above-ground storage tanks,
16.2.6Installation of monitoring wells, vadose wells, temporary well points, and vapor points, and
16.2.7Merger of property. (Ord. 2167, Sec. 37, 4/7/1998; Ord. 2367A, 7/25/2006)
16.3 APPLICATION FOR WAIVER OF PROCEDURES
An application for De Minimus Waiver of permit requirements shall be made on forms as required by Section 312-5, Filing Applications For Permits and Variances. (Ord. 2167, Sec. 37, 4/7/1998)
16.4 PROCEEDINGS FOR WAIVER OF PROCEDURES
16.4.1 Review. The Department shall review all applications for De Minimus Waivers for completeness and accuracy before the applications are accepted and officially filed as complete. (Ord. 2167, Sec. 37, 4/7/1998)
16.4.2 Public Notice.
16.4.2.1Within five (5) working days of the date the application was submitted, the applicant must post public notice at a conspicuous place, easily read by the public and as close as possible to the site of the proposed development. The public notice must state that an application for waiver of permit requirement for the proposed development has been submitted to the County using standardized forms provided by the Department. (Ord. 2167, Sec. 37, 4/7/1998; Ord. 2214, 6/6/2000)
16.4.2.2The notice shall contain a general description of the nature of the proposed development. If the applicant fails to post and maintain the completed notice form throughout the waiver process, the Director shall refuse to file the application, or shall withdraw the application from filing if it has already been filed when he or she learns of such failure. The County shall revoke the waiver authorization if it determines that the waiver was granted without proper notice having been given and that the waiver would not have been issued and/or become effective if the views of the person(s) not notified had been made known to the Director or the Board of Supervisors. (Ord. 2167, Sec. 37, 4/7/1998)
16.4.3 Notice of Intent to Issue a De Minimus Waiver. A Notice Of Intent To Issue A De Minimus Waiver shall be provided to the Coastal Commission and to persons known to be interested in the proposed development in the following manner:
After an application is accepted as complete and at least ten (10) working days prior to the decision on the application, the Director shall provide notice, by first class mail, of pending waiver of permit requirements. This notice shall be provided to all persons who have requested to be on the mailing list for that development project or site, to all property owners and residents within 300 feet of the perimeters of the parcel on which the development is proposed, to all Planning Commission members, all members of the Board of Supervisors, referral agencies, and to the Coastal Commission. The Notice shall also be posted for public inspection at the Department. (Ord. 2167, Sec. 37, 4/7/1998; Ord. 2214, 6/6/2000)
16.4.4 Contents of Notice of Intent to Issue a De Minimus Waiver. The Notice Of Intent To Issue A De Minimus Waiver shall contain the following information: (Added by Ord. 2167, Sec. 37, 4/7/98)
16.4.4.1A description of the proposed project and location; (Ord. 2167, Sec. 37, 4/7/1998)
16.4.4.2A statement that the development is within the coastal zone; (Ord. 2167, Sec. 37, 4/7/1998)
16.4.4.3The date of filing of the application and the name of the applicant; (Ord. 2167, Sec. 37, 4/7/1998)
16.4.4.4The case number assigned to the application; (Ord. 2167, Sec. 37, 4/7/1998)
16.4.4.5The date of the hearing at which the waiver may become effective; (Ord. 2167, Sec. 37, 4/7/1998)
16.4.4.6The general procedure concerning submission of requests for a coastal development permit or other public comments either in writing or orally prior to the decision; (Ord. 2167, Sec. 37, 4/7/1998)
16.4.4.7A statement that a public comment period of ten (10) working days to allow for the submission of requests for a coastal development permit or other public comments by mail will be held prior to the decision. (Ord. 2167, Sec. 37, 4/7/1998; Ord. 2214, 6/6/2000)
16.4.5At the time a Notice Of Intent To Issue A De Minimus Waiver is provided to the public, the Director shall also report to the referral agencies and each Planning Commission member and each member of the Board of Supervisors the project description, recommended action and findings for each project under review pursuant to this section. A copy of the report shall also be available for public inspection at the Department ten (10) working days prior to issuing the waiver. (Ord. 2167, Sec. 37, 4/7/1998; Ord. 2214, 6/6/2000; Ord. 2367A, 7/25/2006)
16.4.6Notice of final action on an application for a De Minimus Waiver shall be given as follows: (Added by Ord. 2167, Sec. 37, 4/7/98)
16.4.6.1Notice shall be provided within five (5) working days of the Director’s action. (Ord. 2167, Sec. 37, 4/7/1998; Ord. 2214, 6/6/2000)
16.4.6.2Notice shall be provided by first class mail to:
16.4.6.2.1The applicant;
16.4.6.2.2Any person who specifically requested, in writing, notice of such final action; and
16.4.6.2.3The Coastal Commission. (Ord. 2167, Sec. 37, 4/7/1998)
16.4.6.3The notice shall include the following information:
16.4.6.3.1The action taken;
16.4.6.3.2The effective date and expiration date;
16.4.6.3.3Procedures for appeal if applicable. (Ord. 2167, Sec. 37, 4/7/1998; Ord. 2367A, 7/25/2006)
16.4.7For a proposed development that is de minimus as defined in Chapter 3, Section C: Index of Definitions of Language and Legal Terms of this Code, and Section 30624.7 of the Coastal Act, the Director may issue a waiver from coastal development permit requirements of this ordinance subject to all of the provisions of this section. (Ord. 2167, Sec. 37, 4/7/1998)
16.4.8The Director shall not issue a waiver unless the site has been posted, and until the public comment period for the waiver has expired and no written requests for a coastal development permit have been submitted to the Department. If any referral agency, member of the Planning Commission or California Coastal Commission, or any member of the public requests that the waiver not be issued, the applicant shall be advised that a Coastal Development Permit is required if the applicant wishes to. proceed with the development. (Ord. 2167, Sec. 37, 4/7/1998)
16.4.9A decision on De Minimus Waivers shall not be deemed final and effective until all required findings have been made by the Director. (Ord. 2167, Sec. 37, 4/7/1998)
16.5 FINDINGS
De Minimus Waivers may only be issued for development that meets all of the following criteria: (Added by Ord. 2167, Sec. 37, 4/7/98)
16.5.1The proposed development is in conformance with the Certified LCP; (Ord. 2167, Sec. 37, 4/7/1998; Ord. 2367A, 7/25/2006)
16.5.2The proposed development is consistent with the purposes of the existing zone in which the site is located; (Ord. 2167, Sec. 37, 4/7/1998)
16.5.3The proposed development conforms with all applicable standards and requirements of these regulations; (Ord. 2167, Sec. 37, 4/7/1998)
16.5.4The proposed development and conditions under which it may be operated or maintained will not be detrimental to the public health, safety, or welfare; (Ord. 2167, Sec. 37, 4/7/1998)
16.5.5The proposed development involves no potential for any adverse effects, either individually or cumulatively, on coastal resources because for reasons including but not limited to, the following: (Added by Ord. 2167, Sec. 37, 4/7/98, Amended by Ord. 2367A, 7/25/06)
16.5.5.1The project does not involve the presence of mechanized equipment or construction materials within 50 feet of an environmentally sensitive habitat area, or any sand area; or within 50 feet of coastal waters or streams, (Ord. 2167, Sec. 37, 4/7/1998)
16.5.5.2Within designated coastal view and coastal scenic areas, the project has no potential to impair visual resources, (Ord. 2167, Sec. 37, 4/7/1998)
16.5.5.3There is no potential for the project to block or otherwise impede the public right of access to the coast where acquired through use or by legislative authorization, and, (Ord. 2167, Sec. 37, 4/7/1998)
16.5.5.4The project does not require any other discretionary permits; (Ord. 2167, Sec. 37, 4/7/1998; Ord. 2214, 6/6/2000)
16.5.5.5The project does not have any impact on public access to coastal resources where acquired through use, legislative authorization, easements or deed restrictions. (Ord. 2367A, 7/25/2006)
16.5.6None of the proposed work falls within an area in which the Coastal Commission retains direct permit review under Coastal Act Section 30519 or for any work that is appealable to the Coastal Commission under Coastal Act Section 30603. Any development involving a structure or similar integrated physical construction that lies partly in and partly outside the appeal area may not be processed as a De Minimus Waiver. (Ord. 2167, Sec. 37, 4/7/1998)
16.6 DECISION ON DE MINIMUS WAIVERS IS FINAL
The Director’s decision on De Minimus Waivers shall be final; provided, however, that the denial by the Director of a request for a De Minimus Waiver shall not prevent the applicant from applying for a development permit or variance. (Ord. 2167, Sec. 37, 4/7/1998)
16.7 EXPIRATION OF DE MINIMUS WAIVERS
De Minimus Waivers shall expire and be of no further force and effect if the authorized development has not commenced within two years of the effective date of the waiver. (Ord. 2167, Sec. 37, 4/7/1998)