The purpose of this Chapter is to establish a process for the review of new development within the City of Del Mar to ensure that it will be consistent with the provisions of the City of Del Mar Local Coastal Program and California Coastal Act.

(Ord. No. 722)

All properties within the City of Del Mar are located within the Coastal Zone as defined in the California Coastal Act and are subject to the provisions of this Chapter.

Unless specifically defined below, words or phrases used in this Chapter shall be interpreted so as to give them the meaning they have in common usage and to give this Chapter its most reasonable application.

A.

Aggrieved Person shall mean any person who, in person or through a representative, appeared at a public hearing of the City of Del Mar or the California Coastal Commission in connection with the decision or action on a Coastal Development Permit application, or who, by other appropriate means prior to a hearing, informed the City of Del Mar or the California Coastal Commission of the nature of his/her concerns or who for good cause was unable to do either. "Aggrieved person" may include the applicant for a Coastal Development Permit.

B.

Appealable Development shall mean, in accordance with the Coastal Act, any of the following:

1.

A development which is approved under a Coastal Development Permit issued by the City and which is appealable to the California Coastal Commission due to its location in an appealable area under Section 30603 of the Coastal Act and as generally shown on the City Post Certification Map as the Coastal Development Permit Appeals Area. The Coastal Development Permit Appeals Area is generally composed of properties 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 line of the sea where there is no beach, whichever is the greater distance, and all areas within 100 feet of wetlands and streams.

2.

Any development which constitutes a "major public works project" or a "major energy facility" as defined in this Chapter. The phrase "major public works" or a "major energy facility" as used in Public Resources Code § 30603(a)(5) in these regulations shall mean: any proposed public works project or energy facility, as defined by Section 13012 of the Coastal Commission Regulations and the Coastal Act.

C.

California Coastal Act or Coastal Act shall mean the California Coastal Act of 1976, Division 20 of the Public Resources Code, as amended.

D.

Chapter Three Policies shall mean those policies of the Coastal Act contained in Chapter Three as amended, commencing with Section 30200, which constitute the standards by which the adequacy of Local Coastal Programs and the permissibility of proposed development subject to the provisions of the Coastal Act are determined.

E.

City shall mean the City of Del Mar.

F.

Coastal Commission shall mean the California Coastal Commission.

G.

Coastal Dependent Development or Use shall mean any development or use which, in order to function at all, requires location on or adjacent to the sea.

H.

Coastal Development Permit shall mean a permit for any development or use within the Coastal Zone that is required pursuant to the provisions of this Chapter and of subdivision (a) of California Coastal Act § 30600.

I.

Development shall mean on land, in or under water, the placement or erection of any solid material or structure; discharge or disposal of any dredged material or of any gaseous, liquid, solid, or thermal waste; grading, removing, dredging, mining, or extraction of any materials; change in the density or intensity of use of land, including, but not limited to, subdivision pursuant to the Subdivision Map Act (commencing with Section 66410 of the Government Code), and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; change in the intensity of use of water, or of access thereto, construction, reconstruction, demolition, or alteration of the size of any structure, including any facility of any private, public, or municipal utility; and the removal or harvesting of major vegetation other than for agricultural purposes, kelp harvesting, and timber operations. As used in this Section, "structure" includes, but is not limited to, any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line. "Development" shall include the division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; any mining, excavation, landfill, or land disturbance; and any use or extension of the use of land.

J.

Director shall mean the Director of the City of Del Mar Planning and Community Development Department.

K.

Disaster shall mean a situation in which the forces, which destroyed a structure or improvement, were beyond the control of its owners. The term "disaster" shall mean the same as "natural disaster."

L.

Emergency shall mean a sudden, unexpected occurrence demanding immediate action to prevent or mitigate loss or damage to life, health, property, or essential public services.

M.

Executive Director shall mean the Executive Director of the California Coastal Commission.

N.

Energy Facility shall mean any public or private processing, producing, generating, storing, transmitting, or recovering facility for electricity, natural gas, petroleum, coal, or other source of energy.

O.

Fill shall mean any earth or material or substance, including pilings, placed for the purposes of erecting structures thereon, placed in a submerged or upland area.

P.

First Public Road Paralleling the Sea or First Public Road shall mean that road nearest the sea, as defined in this Section, and which meets all of the following criteria:

1.

The road is lawfully open and suitable for uninterrupted use by the public;

2.

The road is maintained by a public agency;

3.

The road contains an improved all-weather surface open to motor vehicle traffic in at least one direction;

4.

The road is not subject to any restrictions on use by the public except during an emergency or for military purposes; and

5.

The road connects with other public roads providing a continuous access system and generally parallels and follows the shoreline of the sea so as to include all portions of the sea where the physical features such as bays, lagoons, estuaries and wetlands cause the waters of the sea to extend landward of the generally continuous coastline.

Q.

Inland Extent of Beach shall mean and shall be determined as follows:

1.

By a distinct linear feature (e.g. a seawall, road, or bluff, etc.);

2.

By the inland edge of the furthest inland beach berm as determined from historical surveys, aerial photographs and other records or geological evidence; or

3.

Where a beach berm does not exist, by the furthest point separating the dynamic portion of the beach from the inland area as distinguished by vegetation, debris or other geological or historical evidence.

R.

Local Coastal Program shall mean the City of Del Mar's Local Coastal Program (LCP), comprised of the LCP Land Use Plan and Implementing Ordinances, including the associated maps and exhibits, which have been certified by the California Coastal Commission as being consistent with and meeting the requirements of the Coastal Act.

S.

Major Public Works shall mean a facility that costs more than $100,000.00 with an automatic annual increase in accordance with the Engineering News Record Construction Cost Index, except for those governed by the provisions of the Coastal Act.

T.

Original Jurisdiction shall mean that area of the City of Del Mar that consists of tidelands, submerged lands and/or public trust lands, whether filled or unfilled, as generally depicted on the LCP Post-Certification Maps wherein the authority for review of Coastal Development Permit applications rests with the California Coastal Commission pursuant to the provisions of this Chapter and the Coastal Act.

U.

Public Trust Lands shall mean all lands subject to the Common Law Public Trust for commerce, navigation, fisheries, recreation, and other public purposes. Public trust lands include: tidelands, submerged lands, beds of navigable lakes and rivers, and historic tidelands and submerged lands that are presently filled or reclaimed, and which were subject to the Public Trust at any time.

V.

Public Works shall mean and include the following:

1.

All production, storage, transmission, and recovery facilities for water, sewerage, telephone, and other similar utilities owned or operated by any public agency or by any utility subject to the jurisdiction of the California Public Utilities Commission, except for energy facilities.

2.

All public transportation facilities, including streets, roads, highways, public parking lots and structures, ports, harbors, airports, railroads, and mass transit facilities and stations, bridges, trolley wires and other related facilities.

3.

All publicly financed recreational facilities, all projects of the State Coastal Conservancy, and any development by a special district.

4.

All community college facilities.

W.

Sea shall mean the Pacific Ocean and all harbors, bays, channels, estuaries, salt marshes, sloughs, and other areas subject to constant or periodic tidal action through any connection with the Pacific Ocean, excluding non-estuarine rivers, streams, tributaries, creeks, and flood control and drainage channels.

X.

Temporary Event shall mean an activity or use that constitutes development as defined in this Chapter but which is an activity or function which is or will be of limited duration and involves the placement of non-permanent structures. Temporary Events, as defined herein, may involve the use of sandy beach, parkland, filled tidelands, water, streets, or parking areas which are otherwise open and available for general public use.

Y.

Submerged Lands shall mean all lands that lie below the line of mean low tide.

Z.

Tidelands shall mean all lands which are located between the lines of mean high tide and mean low tide.

AA.

City Zone Map shall mean, for purposes of the Local Coastal Program (LCP), all those maps shown as exhibits to the City of Del Mar LCP Implementing Ordinances, including both base zoning maps and overlay zoning maps.

BB.

Environmentally sensitive habitat area means any area in which plant or animal life or their habitats are either rare or especially valuable because of the special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and developments.

A.

Unless otherwise provided in this Chapter, no development, as defined herein, shall occur unless and until a Coastal Development Permit has been granted in accordance with the provisions of this Chapter.

B.

Where required pursuant to this Chapter, a valid Coastal Development Permit shall be obtained prior to the commencement of development and shall be required in addition to any other permits or approvals required by the City. The review of a Coastal Development Permit application may be combined with and/or processed concurrently with the review of any other discretionary permit application required by this Title and the action of the decision-maker shall be considered one consolidated action. For decisions involving coastal development within the appealable area, the entire consolidated decision is appealable to the Coastal Commission.

C.

Where the procedures described in this Chapter for review and issuance of Coastal Development Permits conflict with other procedures in this Title, the procedures described herein shall take precedence.

A.

The Director of Planning and Community Development shall have the authority to make the following determinations regarding the requirement for receipt of a Coastal Development Permit, with such determinations to be based on the applicable components of the Local Coastal Program, including, but not limited to, the Post Certification Maps prepared by the Coastal Commission and filed with the City:

1.

Whether a proposed project requires the receipt of a Coastal Development Permit or is exempt from or categorically excluded from the requirement for a Coastal Development Permit.

2.

Whether the review of an application for a Coastal Development Permit, or amendment thereto, is to be processed and reviewed by the City or by the California Coastal Commission.

3.

Whether the action taken by the City in its review of a Coastal Development Permit application is appealable to the Coastal Commission.

B.

Where there is a challenge to a determination regarding the requirement for a Coastal Development Permit or the validity of a Coastal Development Permit exemption or Categorical Exclusion, or where the Director of Planning and Community Development wishes to have the Coastal Commission determine the appropriate designation, the following procedure shall be used:

1.

The Director of Planning and Community Development shall notify the Executive Director of the Coastal Commission in writing of the challenge or request for determination and shall request an Executive Director's opinion.

2.

The Executive Director shall, within two working days of receipt of the City's request (or upon completion of a site inspection where such inspection is warranted), transmit his or her determination as to whether the development is categorically excluded, non-appealable, or appealable.

3.

Where the Executive Director's determination is not in accordance with the determination of the Director of Planning and Community Development, the Coastal Commission shall hold a hearing for purposes of determining the appropriate designation for the area. The hearing before the Coastal Commission shall be scheduled within a reasonable period of time and shall be conducted in the appropriate geographic region of the State.

Where a proposed project straddles the boundaries of the City of Del Mar and another local jurisdiction or where a proposed project straddles the boundaries of the City's Coastal Development Permit jurisdiction area and the Coastal Commission's Original Jurisdiction area, the following procedures shall apply:

A.

The applicant shall obtain separate Coastal Development Permits from each jurisdiction for the corresponding portion of the proposed project within that jurisdiction area.

B.

If the applicant is a public agency seeking approval for a public works project, that agency may obtain a single "Public Works Plan" approval from the Coastal Commission, in lieu of locally issued Coastal Development Permits.

A.

In addition to those City permits and approvals that are required pursuant to this Title, development located in areas of Original Jurisdiction, as shown on the Local Coastal Program Post-Certification Map shall also require the receipt of Coastal Development Permit or exemption issued by the California Coastal Commission.

B.

Where the provisions of this Chapter require the receipt of a Coastal Development Permit issued by the Coastal Commission, no Coastal Development Permit issued by the City shall be required.

A.

The City Council shall serve as the Issuing Authority to render a determination on applications for Coastal Development Permits, or other noted authorizations, which involve the following:

1.

Applications for Local Coastal Program Amendments.

2.

Appeals of decisions rendered by other City entities on Coastal Development Permit applications.

B.

Unless otherwise specified in this Chapter, the Planning Commission shall serve as the Issuing Authority to render a determination on applications for Coastal Development Permits for the following:

1.

Projects located within the Bluff, Slope and Canyon Overlay Zone for which a Conditional Use Permit is also required.

2.

Projects located within the Open Space Overlay Zone.

3.

Projects located within the Coastal Bluff Overlay Zone.

4.

Projects located within the Lagoon Overlay Zone.

5.

Projects for which a Floodplain Development Permit issued by the Planning Commission are also required.

6.

Projects located within the Floodway Zone.

7.

Applications for the subdivision of land.

8.

Projects which require the receipt of a Conditional Use Permit or Variance pursuant to the provisions of this Title.

9.

Applications for Interpretation of the Local Coastal Program.

10.

Applications referred to the Planning Commission by the Director of Planning and Community Development pursuant to the provisions of this Chapter.

C.

Unless otherwise specified, the Design Review Board shall serve as the Issuing Authority to render a determination on applications for Coastal Development Permits for the following:

1.

Projects which require the receipt of a Design Review Permit.

2.

Projects which require the receipt of a Land Conservation Permit.

3.

Applications referred to the Design Review Board by the Director pursuant to the provisions of this Chapter.

D.

For projects which require the receipt of a permit or authorization from both the Planning Commission and the Design Review Board pursuant to the provisions of this Title, the Planning Commission shall serve as the Issuing Authority to review and render a determination on the corresponding Coastal Development Permit application.

E.

The Director of Planning and Community Development shall serve as the Issuing Authority to render a determination on applications for Coastal Development Permits for the following:

1.

Projects which qualify for Administrative Design Review pursuant to the provisions of this Title.

2.

Applications for Lot Line Adjustments and/or Certificates of Compliance.

3.

An application for an Accessory Dwelling Unit in accordance with Subsection 30.91.030.E that is not otherwise exempt from a Coastal Development Permit.

4.

Development applications for by-right multiple dwelling units are to be in accordance with the Housing Element Implementation Overlay Zone pursuant to Chapter 30.92.

5.

An application for an Urban Lot Split or construction of a Two Unit Residential Development in a single dwelling unit zone in accordance with Chapter 30.93 and Chapter 24.66.

F.

A public hearing shall be required for all Coastal Development Permit applications except that, unless located in the Coastal Commission's appeals area as defined in Subsection 30.75.030.B.1 of this Chapter, no public hearing shall be required for CDP applications for which the Director of Planning and Community Development is designated as the Issuing Authority.

(Ord. No. 932, § 32, 10-2-2017; Ord. No. 979, § 2, 4-5-2021; Ord. No. 996, § 4, 6-19-2023; Ord. No. 1017, § 1, 5-19-2025)

Actions on Coastal Development Permit applications rendered by the Planning Commission, Design Review Board, or Director of Planning and Community Development shall be appealable to the City Council in accordance with the provisions of the Del Mar Municipal Code.

Upon final action on an application for a Coastal Development Permit, the City shall, within five working days of the final action, mail notice to the Executive Director of the California Coastal Commission and to interested parties who have requested notice in writing describing the action taken by the City.

(Ord. No. 989, § 5, 6-6-2022)

A.

An action rendered by the City on an application for a Coastal Development Permit which constitutes an Appealable Development, as defined in this Chapter, may be appealed to the California Coastal Commission by an Aggrieved Person in accordance with the provisions of the Coastal Act and the California Code of Regulations.

B.

The period for appeal to the Coastal Commission on an action rendered by the City on a Coastal Development Permit application shall be ten working days, commencing on the day after written notice of the City's final action on the application is received at the staff offices of the Coastal Commission.

C.

Prior to appealing a decision on a Coastal Development Permit rendered by the City to the California Coastal Commission, an Aggrieved Person shall exhaust all City of Del Mar appeals processes. There shall be no fee charged by the City of Del Mar for an appeal of a coastal development permit.

(Ord. No. 989, § 6, 6-6-2022)

A.

Notice for Coastal Development Permit applications shall be provided in accordance with this Section.

B.

Notice shall contain the date, place, and time set for the hearing, which shall be set for a date not less than ten days nor more than 40 days from the date of notice. The required notice shall include all of the following:

1.

A statement that the development is in the Coastal Zone.

2.

The number assigned to the application.

3.

A description of the proposed development and its location.

4.

A brief description of the purpose of the hearing and of the public hearing process.

5.

For Appealable Developments, a brief description of the appeal procedures for City of Del Mar and California Coastal Commission.

C.

Notice shall be provided as follows:

1.

Published once in a newspaper of general circulation within the City.

2.

Mailed to all of the following:

a.

All owners of real property within 300 feet of the exterior boundaries of the property, which is the subject of the hearing with ownership as identified on County Tax Assessors' rolls;

b.

All occupants of property within 100 feet of the exterior boundaries of the property which is the subject of the hearing; and

c.

All parties requesting notice of the Coastal Development Permit application.

3.

Posting at City Hall and on the site of the property which is the subject of the hearing.

D.

Projects which are provided a Categorical Exclusion from the Coastal Development Permit requirements of this Chapter shall be exempt from the requirement for public notice except that a record of such Categorical Exclusion shall be posted at City Hall and kept on public file in the Planning and Community Development Department, and shall be mailed to the Executive Director of the California Coastal Commission and to interested parties who have requested notice in writing.

A.

An application for a Coastal Development Permit shall be initiated by submitting an application on a form provided by the Department of Planning and Community Development. The application shall include all information and material as required in the submittal requirements for the application, including at a minimum: a location map of the project site and vicinity; a detailed description of the proposed development; proof of the applicant's legal interest in the development site; and the applicant's signature attesting to the truth, completeness, and accuracy of the submitted material. All submitted application material shall be in a form so as to allow reasonable reproduction and distribution to members of the public and interested public agencies.

B.

In addition to the submittal requirements required by this Section, an application for a Coastal Development Permit shall also include any information deemed necessary and appropriate by the Director to render a determination on the application.

A.

Each determination granting a Coastal Development Permit shall be supported by written findings of fact showing that each of the following conditions exist:

1.

That the use for which the Coastal Development Permit is applied is permitted within the zone in which the property is located.

2.

That the proposal meets the criteria of the applicable chapters of this Title.

3.

That the granting of such Coastal Development Permit will be in conformity with the certified City of Del Mar Local Coastal Program.

4.

That for all development proposals located seaward of the first public roadway, the proposed development is consistent with and implements the applicable requirements for provision of public access contained in this Title and in the public access and public recreation policies of Chapter 3 of the California Coastal Act.

5.

That for all development proposals involving the construction or placement of a shoreline protection device, that the proposed development is consistent with and implements the applicable requirements of the Beach Overlay Zone and Setback Seawall Zone provisions contained in this Title and is consistent with and implements the provisions of the Chapter Three Policies of California Coastal Act.

6.

That the proposal is consistent with and implements the provisions of public view protection policies IV-22 through IV-27 of the City of Del Mar LCP Land Use Plan.

7.

That for all development proposals on sites with identified wetland resources, that the proposed development is consistent with and implements the provisions of the Lagoon Overlay Zone as contained within the City of Del Mar Local Coastal Program Implementing Ordinances and Land Use Plan.

A.

Each Coastal Development Permit approval shall have attached to it, the conditions and safeguards deemed necessary by the Issuing Authority to ensure that the proposed use or activity fully meets and will continue to meet the provisions of this Title and of the City of Del Mar Local Coastal Program. The conditions may include provisions for public access, open space or conservation easements or the relocation or redesign of proposed site improvements. In any subdivision or other land division, such conditions shall be imposed at the time of the subdivision or other land division, rather than through subsequent development permits.

B.

No Coastal Development Permit shall require as a condition of approval, the dedication of land for any purpose or the posting of a bond to guarantee installation of public improvements where such dedication or bond is not reasonably related to the use of the property for which the Coastal Development is requested.

Notwithstanding the provisions of this Chapter, whenever a Coastal Development Permit is granted upon any condition or limitation, the applicant(s) seeking such Coastal Development Permit may be required to furnish security in the form of cash deposit, bond, or other device in an amount deemed appropriate to ensure compliance with the conditions and limitations upon which such Coastal Development Permit is granted.

Three years from the date of final approval of a Coastal Development Permit, the Permit will expire, unless a building permit has been issued and substantial construction has been accomplished in reliance upon the Coastal Development Permit, or where no construction is involved, where the holder of the Permit has commenced the use authorized by the Coastal Development Permit prior to its date of expiration.

(Ord. No. 757)

A.

Following a public hearing held in the manner prescribed in this Chapter, the Issuing Authority for a Coastal Development Permit may revoke or add additional restrictions or conditions to such permit if it is determined that:

1.

The approval was obtained by fraud or erroneous information as presented during the review process and considered in the granting of said Coastal Development Permit.

2.

That public notice of the application for the Coastal Development Permit was not provided in accordance with the requirements of this Chapter.

3.

The use for which such approval is granted is not being exercised.

4.

The use for which such approval was granted has ceased to exist or has been suspended for six months or more.

5.

The Coastal Development Permit granted is being, or recently has been, exercised contrary to the terms or conditions of such approval or in violation of any statute, ordinance, law, or regulation.

At least one year shall have elapsed since the effective date of denial of an application for or the revocation of a Coastal Development Permit before the filing of a new application seeking substantially the same Coastal Development Use Permit for any of the same property. However, the Issuing Authority for the Permit Application may, by the affirmative vote of a majority of its members, allow the processing of a denied application within one year of the date of denial.

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)

Those developments, which have been authorized as being exempt from the requirement for a Coastal Development Permit pursuant to this Chapter, shall be recorded on a list which shall be made available for review by members of the public and representatives of the California Coastal Commission.

A.

Projects normally requiring the prior receipt of a Coastal Development Permit from the City may be undertaken under an Emergency Permit without the prior receipt of such Coastal Development Permit. Such Emergency Permit shall be issued only when the work to be performed is undertaken in order to protect life and property from imminent danger, or to restore, repair or maintain public works, utilities or services destroyed, damaged or interrupted by natural disaster, serious accident, or in other cases of emergency where immediate action is required. Where such emergency work is undertaken, the Director shall be the Issuing Authority for an Emergency Permit.

B.

An application for an Emergency Permit may be made to the Director by telephone or in person, if time does not allow a written application. Notification of the type and location of the work shall be provided within seven calendar days of the disaster or emergency or discovery of the emergency, whichever occurs first. The information to be reported shall include the following:

1.

The nature of the emergency.

2.

The cause of the emergency, insofar as it can be established.

3.

The location of the emergency.

4.

The remedial protective, or preventive work required dealing with the emergency.

5.

The circumstances during the emergency that appear to justify the course of action taken, including the probable consequences of failing to take such action.

C.

Upon receipt of the required information, the Director shall verify the facts, including the existence and nature of the emergency, insofar as time allows, and shall provide public notice of the emergency action to the maximum extent practical under the circumstances. In granting an Emergency Permit, the Director may attach reasonable terms and conditions which shall include, at a minimum, expiration date for the work to be performed and a requirement for the post facto submittal of an application for a regular Coastal Development Permit within thirty (30) calendar days. The conditions may also include a requirement for the corresponding restoration of the site to its previous condition within 30 calendar days.

D.

The issuance of an Emergency Permit shall be supported by findings of fact that:

1.

An emergency exists and requires action more quickly than could be accommodated by the permitting process for a Coastal Development Permit prescribed in this Chapter and the development can and will be completed within 30 days unless otherwise specified by the terms of the permit.

2.

Public comment on the proposed emergency action has been reviewed to the extent that time allows.

3.

The work proposed would be consistent with the provisions of the City of Del Mar Local Coastal Program.

E.

Following the issuance of an Emergency Permit, the Director shall prepare an informational report to the City Council describing the issued Emergency Permit, with a description of the nature of the emergency and the work involved. Notice of emergency permits shall also be provided by phone or letter to the California Coastal Commission as soon as possible, but at a maximum, within three working days, following issuance of the Emergency Permit.

Unless otherwise specified herein, an application for amendment to a previously issued Coastal Development Permit shall be processed in accordance with the applicable provisions of this Chapter and the Local Coastal Program for review of Coastal Development Permit applications.

A.

Any Coastal Development Permit application which has been filed with the Coastal Commission before the effective certification of the Local Coastal Program, but which has not been deemed as being complete, shall be re-submitted to the City through an application for a Coastal Development Permit to be processed and reviewed pursuant to the provisions of this Chapter. Any application fee paid to the Commission shall be refunded to the applicant.

B.

Any application for a Coastal Development Permit filed with the Coastal Commission, which has been deemed complete, may, at the request of the applicant, be continued to be processed by the Coastal Commission with application review based solely upon the requirements of the certified Local Coastal Program.

Nothing in this Chapter shall be construed to give any property owner a right to use any property in any manner which requires a Coastal development Permit, unless a Coastal Development Permit for such development, activity, or use has first been granted and is in full force and effect, including all conditions attached thereto.

In order to ensure compliance with the provisions of the Local Coastal Program, no Coastal Development Permit or exemption shall be issued or authorized for development which involves any of the following:

A.

The construction of a new structure or portion thereof which exceeds 26 feet in height, as measured pursuant to the provisions of the Municipal Code.

B.

The construction of a new structure on a project site which does not conform to the lot coverage development standards for the property as specified in the underlying zone for the property.

C.

The installation of a new rooftop mounted sign or any new freestanding or monument sign that exceeds eight feet in height as measured pursuant to the provisions of the Municipal Code.