b.   Conflict with Other Provisions

c.   Severability

a.   No structure shall be erected and no existing structure shall be moved, altered, added to, or enlarged, nor shall any land, structure, or premises be used, designated, or intended to be used for any purpose, or in any manner other than is included among the uses hereinafter listed as permitted in the Use Regulation in which such structure, land, or premises is located.

b.   No structure shall be erected, altered, enlarged, or rebuilt to exceed in height the limit hereinafter designated for the Use Regulation, in which such structure is located.

c.   No structure shall be erected, altered, enlarged, or rebuilt, except in conformity to the setback, lot coverage (if applicable), structure location, and other applicable regulations hereinafter designated for the Use Regulation in which such structure is located.

d.   No use shall be established, expanded, altered, changed, or otherwise modified except as provided for in the terms of this Section.

b.   Coastal Zone Use Regulations (Coastal Zoning Map)

a.   Tables 9-2a through 9-2f illustrate the use regulations and permit requirements for each land use within the Coastal Zone.

b.   Principal Permitted Uses: Principal Permitted Uses, or those permitted by-right, within the Coastal Zone are designated by a “Principal Permitted Uses” in Tables 9-2a through 9-2f.

c.   Supplemental Regulations: The Supplemental Regulations are located in the Implementation Plan.

a.   The following development standards apply to all property within the Coastal Zone as organized by the Subareas shown in Figure 9-2 and outlined in Tables 9-3a, b, and c below.

ii.   Building Type – Figure 9-4 illustrates the allowed building type designators within the Coastal Zone. For developments located in the Use Regulation Zone C30 (Commercial: Office Professional), residential uses are restricted on the ground floor. The applicable designators are defined in Table 9-4.

iii.    Height – Figure 9-5 illustrates the allowed building height designators within the Coastal Zone. Table 9-5 defines the Height regulation designators within the Coastal Zone. All structures shall comply with the design criteria provided in the LUP, Goal 6.3.2, Policy 6.7.

iv.   Setbacks – Figure 9-6 illustrates the allowed Setback designators within the Coastal Zone. Table 9-6 defines the Setbacks applicable to the Coastal Zone.

v.   Animal Regulations – Figure 9-7 illustrates the Animal Regulations that apply within the Coastal Zone. Table 9-7 defines the Animal Regulations applicable to the Coastal Zone.

vi.   Figure 9-8 illustrates the Special Area Regulations that apply within the Coastal Zone.

a.   All coastal permit applications for new development projects shall be required to provide a Landscape Plan that has been prepared in accordance with the provisions of the Landscape Ordinance, the Landscape Design Manual and the County of San Diego “Suggested Plant List for a Defensible Space” and planting guidelines that require the use of fire-resistant, native, non-invasive, drought-tolerant and salt-tolerant species. These landscaping requirements are subject to review and approval through the Coastal Administrative Permit or Coastal Development Permit process, and shall be consistent with all required Special Area Regulations requirements in Section 9300 through 9316, as applicable.

a.   Lighting requirements within the Coastal Zone are subject to the provisions of the County’s Light Pollution Code.

b.   The provision of lighting shall be consistent with all required Special Area Regulations requirements in Section 9300 through 9314 as applicable.

c.   Lighting shall comply with the following standards (see Table 9206):

d.   Lighting requirements adjacent to ESHA. Lighting requirements adjacent to ESHA shall comply with the following standards.

a.   Sign requirements within the Coastal Zone are subject to the provisions of Sections 6250 through 6290, except as modified below.

b.   Sign requirements specific to the Coastal Zone include:

c.   The provision of signs shall be consistent with all required Special Area Regulations requirements in Section 9300 through 9314 as applicable, except as otherwise noted in Section 9404 (Exemptions).

a.   Temporary Use requirements within the Coastal Zone are subject to the provisions of Sections 6100 through 6128.

a.   Accessory Use requirements within the Coastal Zone are subject to the provisions of Sections 6150 through 6158.

a.   Fencing requirements within the Coastal Zone are subject to the provisions of Section 6708.

a.   New development proposals on properties with the possible presence of native plant and animal species, and native ecological communities shall include an inventory conducted by a qualified biologist. If the initial inventory indicates the presence or potential for sensitive species or habitat on the project site, a detailed Biological Study shall be required. Sensitive species are those listed in any of three categories: federally listed, state listed, and California Native Plant Society (CNPS) categories 1B and 2.

b.   The detailed Biological Study shall include at a minimum:

a.   ESHA shall be protected against significant disruption of habitat values, and only uses dependent on such resources shall be allowed within ESHA. Areas adjacent to ESHA, as identified in Figure 11 (Environmentally Sensitive Habitat Areas) in the County certified Land Use Plan, shall be sited and designed to prevent degradation of those areas.

b.   New development shall be sited and designed to avoid impacts to ESHA. For development permitted pursuant to Section 9302.c below, if there is no feasible alternative that can eliminate all impacts, then the alternative that would result in the fewest or least significant impacts shall be selected. In that case, impacts to ESHA shall be minimized, and impacts that cannot be avoided through the implementation of siting and design alternatives shall be fully mitigated, with priority given to on-site mitigation. Off-site mitigation measures may only be approved when the applicant demonstrates it is not feasible to fully mitigate impacts on-site or where off-site mitigation is more protective. Mitigation shall not substitute for implementation of the project alternative that would avoid impacts to ESHA. For only those applications meeting Section 9302.c, mitigation for impacts to ESHA shall be provided at a 3:1 ratio.

c.   If the application of the policies and standards contained in the LCP regarding use of property designated as ESHA, or ESHA buffer, including the restriction of ESHA to only resource-dependent use, would likely constitute a taking of private property without just compensation, then a use that is not consistent with the ESHA provisions of the LCP shall be allowed on the property, provided such use is:

d.   For those cases meeting Section 9302.c, the development shall demonstrate the extent of ESHA on the property and include mitigation for unavoidable impacts to ESHA or ESHA buffers from the removal, conversion, or modification of natural habitat for new development. This shall include those site areas designated as required fuel modification and brush clearance zones. On-site mitigation shall be prioritized over off-site mitigation, however, mitigation shall not substitute for implementation of a feasible project alternative that would avoid adverse impacts to ESHA.

e.   For those impacts to ESHA that do not conform to the situation described in Section 9302.c, impacts to ESHA shall be prohibited, except where no other feasible alternative exists. Where ESHA impacts are permitted in accordance with the Coastal Act, adverse impacts will be mitigated at the following ratios:

f.   For impacts to ESHA identified in Section 9302.e, that cannot be avoided through the implementation of siting and design alternatives, ESHA impacts shall be fully mitigated, and the priority shall be given to on-site mitigation. Off-site mitigation measures shall only be approved when it is not feasible to fully mitigate impacts on-site or where off-site mitigation is more protective. Mitigation shall not substitute for implementation of the project alternative that would avoid impacts to ESHA.

g.   Mitigation measures for impacts to ESHA that cannot be avoided through the implementation of siting and design alternatives, including habitat restoration and/or enhancement shall be monitored for a period of no less than five, and no more than ten years following completion of the mitigation measures. Specific mitigation objectives and performance standards shall be designed to measure the success of the restoration and/or enhancement, and compared against an appropriate reference site, where feasible. Adaptive management techniques shall be implemented if necessary. Monitoring reports shall be provided to the County annually, and at the conclusion of the monitoring period, that document the success or failure of the mitigation. If performance standards are not met by the end of five years, the applicant may request that the monitoring period be extended until the standards are met. However, if at any time after five years the applicant concludes that performance standards cannot be met, or if ten years have elapsed and performance standards have still not been met, the applicant shall submit an amendment proposing alternative mitigation measures.

h.   Development adjacent to ESHAs shall minimize impacts to habitat values or sensitive species to the maximum extent feasible. Native vegetation buffer areas shall be provided around ESHAs to serve as transitional habitat (not fuel modification zones) and provide distance and physical barriers to human intrusion. Buffers shall be of a sufficient size to ensure the biological integrity and preservation of the ESHA they are designed to protect. All buffers around (non-wetland) ESHA shall be a minimum of 100 feet in width. All wetland buffers shall be a minimum of 100-feet in width or a minimum of 50 feet in width around riparian areas. A smaller width may be approved by Planning & Development Services and the Fire Marshal in consultation with the CDFW, USFWS, and CCC when conditions of the site as demonstrated in a site-specific biological survey, the nature of the proposed development, etc. show that a smaller buffer would provide adequate protection. In such cases, the CDFW must be consulted and agree that a reduced buffer is appropriate and the County, or Coastal Commission, must find that the development could not be feasibility constructed without a reduced buffer. However, in no case can the buffer size be reduced to less than 50 feet, excluding fuel modification zones. Fuel modifications zones shall occur outside, not within ESHA buffers. New development, including, but not limited to, vegetation removal, vegetation thinning, or planting of non-native or invasive vegetation shall not be permitted in required ESHA, ESHA buffer areas, or park buffer areas, unless ordered by the Fire Authority and in consultation with the Resource Agencies (CDFW, USFWS, and CCC). Habitat restoration and invasive plant eradication may be permitted within required buffer areas if designed to protect and enhance habitat values.

i.   Public, non-motorized trails are considered resource dependent uses. Non-motorized trails located within or adjacent to ESHA, shall be sited to minimize impacts to ESHA to the maximum extent feasible and in general should be located around the periphery of sensitive habitat areas. Measures, including but not limited to signage, placement of boardwalks, and limited fencing shall be implemented as necessary to protect ESHA.

j.   ESHA shall be protected and, where feasible, enhanced. Where pedestrian access through ESHA is permitted, well-defined footpaths or other means of directing use and minimizing adverse impacts shall be used. Nesting and roosting areas for sensitive birds such as coastal California gnatcatcher, least Bell’s vireo, and Belding’s savannah sparrow, shall be protected by means, which may include, but are not limited to, fencing, signing, or seasonal access restrictions.

k.   The use of insecticides, herbicides, rodenticides or any toxic chemical substance that has the potential to significantly degrade ESHA, shall be prohibited, within and adjacent to ESHAs, except in the following circumstances:

l.   Application of such chemical substances shall not take place during the winter season, or when rain is predicted within a week of application. Within or adjacent to ESHA, mosquito abatement shall be limited to the implementation of the minimum measures necessary to protect human health, and shall minimize adverse impacts to ESHA.

m.   If a site-specific biological study contains substantial evidence that an area previously mapped as ESHA does not contain habitat that meets the definition of ESHA, the lead department shall review all available site-specific information to determine if the area in question should no longer be considered ESHA and not subject to the ESHA protection policies of the LUP. If the area is determined to be adjacent to ESHA, LUP ESHA buffer policies shall apply. The Director of lead department shall provide recommendations to the County Board of Supervisors as to the ESHA status of the area in question. If the Board of Supervisors finds that an area previously mapped as ESHA does not meet the definition of ESHA, a modification shall be made to the LUP ESHA Maps, as part of an LCP map update and LCP Amendment. If an area is not ESHA or ESHA buffer, LCP policies and standards for protection of ESHA and ESHA buffer shall not apply and development may be allowed (consistent with the IP) after the ESHA map and LCP has been amended. If a site-specific biological study contains substantial evidence that an area not previously mapped as ESHA does contain habitat that meets the definition of ESHA, the Director of the lead department shall review all available site-specific information to determine if the area in question should be considered ESHA. The Director of the lead department shall provide recommendations to the County Board of Supervisors as to the ESHA status of the area in question. If the Board of Supervisors finds that an area not previously mapped as ESHA does meet the definition of ESHA, a modification shall be made to the LUP ESHA Maps, as part of an LCP map update and LCP Amendment to include area in question.

a.   Where an initial site inventory indicates the presence or potential for wetland species or indicators, the County shall require a delineation of all wetland areas on the project site. Wetland delineations shall be based on the definitions contained in Section 13577(b) of Title 14 of the California Code of Regulations.

b.   The diking, filling, or dredging of wetlands, estuaries, and streams may be permitted in accordance with all policies of the LUP, where there is no feasible, less environmentally damaging alternative, and where feasible mitigation measures have been provided to minimize adverse environmental effects, and shall be limited to the following: (i) Incidental public service purposes, including but not limited to, burying cables and pipes. (ii) Restoration purposes. (iii) Nature study, or similar resource-dependent activities.

c.   Wetland fill or development impacts located within wetlands, in accordance with: 1) the Coastal Act; and 2) Applicable LCP policies, mitigation measures shall include, at a minimum, creation or substantial restoration of wetlands of the same type lost. Adverse impacts to delineated wetlands will be mitigated at a ratio of 4:1 for all types of wetland, and 3:1 for non-wetland riparian areas. The mitigation ratio may be 1:1, if, prior to the development impacts occurring, the mitigation is completed and is empirically demonstrated to meet performance criteria that establish that the created or restored wetlands are functionally equivalent to relatively pristine natural wetlands of the same type as the impacted wetlands. Replacement of wetlands on-site or adjacent to the project site, within the same wetland system, shall be given preference over replacement off-site or within a different system. Areas subjected to temporary wetland impacts shall be restored to the pre-project condition at a 1:1 ratio. Temporary impacts are disturbances that last less than 12 months and do not result in the physical disruption of the ground surface, death of significant vegetation within the development footprint, or adverse alterations to wetland hydrology.

d.   A buffer of at least 100 feet in width from the upland edge of wetlands and at least 50-feet in width from the upland edge of riparian habitat shall be provided. Where oak woodland occurs adjacent to the wetland, the wetland buffer shall include the entirety of the oak habitat (not to exceed 200 feet in width). Buffers should take into account and adapt for rises in sea level. Under this policy, the CDFW, USFWS, and USACE must be consulted in such buffer determinations and in some cases, the required buffer could be greater than 100 feet. Uses and development within buffer areas shall be limited to minor passive recreational uses, with fencing, siltation or erosion control facilities, or other improvements deemed necessary to protect the habitat, to be located in the upper (upland) half of the buffer area; however, water quality features required to support new development shall not be constructed in wetland buffers. In some cases, smaller buffers may be appropriate, when it is demonstrated in a site-specific biological survey, that: 1) Conditions of the site; 2) Type of habitats; 3) The nature of the proposed development; etc., show that a smaller buffer would provide adequate protection. In such cases, the CDFW shall be consulted and agree that a reduced buffer is appropriate. On appeal, the County or Coastal Commission must find that the development could not be feasibly constructed, without a reduced buffer, however, in no case shall the buffer be less than 50 feet, excluding fuel modification zones.

e.   All wetlands and buffers identified and resulting from development and use approval shall be permanently conserved or protected through the application of an open space easement, or other suitable instrument.

f.   In addition to the findings required for granting a coastal permit pursuant to Section 9408, the following specific findings shall be made for wetland areas:

a.   INTENT. The purpose of this section is to provide the water quality protection requirements, as set forth in the Coastal Act. This section implements the LCP water quality policies, together with State Water Resources Control Board and California Regional Water Quality Control Board water quality protections currently in effect, and with successive updates in the future. This section is intended to provide a robust program for protecting and, where feasible, improving coastal water quality. Where there is a conflict between requirements of the LCP and other applicable standards in effect, such as NPDES Storm Water permits, the requirements that on balance are most protective of coastal resources shall be applied.

c.   CONSOLIDATING EXISTING AND NEW STORMWATER OUTFALLS.

d.   OVERVIEW OF WATER QUALITY PROTECTION PLANS FOR DEVELOPMENT PROJECTS. Developments that require a Coastal Development Permit and have the potential for adverse water quality or hydrologic impacts to coastal waters shall in most cases require both a construction-phase plan and a post-development plan for water quality protection. The water quality protection plans for development projects are summarized as follows:

e.   All plans shall include the following information on site conditions applicable to the project, to enable evaluation of the project’s potential water quality and hydrologic impacts:

f.   Construction Pollution Prevention Plan and Storm Water Pollution Prevention Plan. The CPPP/SWPPP shall describe the temporary BMPs the development will implement to minimize erosion and sedimentation during construction, and to minimize pollution of runoff by construction chemicals and materials. The level of detail provided to address the plan’s requirements shall be commensurate with the type and scale of the development, and the potential for adverse water quality and hydrologic impacts to coastal waters.

g.   Post-Development Runoff Plan (PRDP)/Storm Water Quality Management Plan (SWQMP). Development that requires a Coastal Development Permit and has the potential for adverse water quality or hydrologic impacts to coastal waters shall (1) require a PDRP/SWQMP if the development entails construction; or (2) require a preliminary PRDP/SWQMP if the development entails activities or changes in land use other than construction, including subdivision or re-division of land (e.g., allowing motorized vehicle use of a trail previously restricted to pedestrians).

h.   ADDITIONAL PLAN REQUIREMENTS FOR PRIORITY DEVELOPMENT PROJECTS.

a.   Purpose. The purpose of these provisions is to regulate development in areas of high scenic value both to assure exclusion of incompatible uses and structures and to preserve and enhance the scenic resources present in adjacent areas. These regulations constitute recognition of important social, recreational, and economic values obtained from preservation and enhancement of the scenic qualities of Coastal Zone areas for the benefit of residents and visitors.

b.   Application of the Scenic Area Regulations. These Scenic Area Regulations shall be applied to areas of unique scenic value including, but not limited to, critical viewshed areas as designated on the Local Coastal Program Land Use Plan (Figure 14 Viewsheds), in Coastal Zone areas with a Special Area S Designator (Figure 9-8), and to areas adjacent to significant recreational, historic or scenic resources.

c.   Limitation on Uses. Notwithstanding the provisions of the applicable use regulations and Enclosure Matrix, all Use Regulations shall comply with the enclosure provisions of these Scenic Area Regulations.

d.   Development. Development and trails located within the Coastal Zone shall conform to the following requirements:

e.   CAP Required. No development permit of any type shall be issued in areas subject to the Coastal Zone Scenic Area Regulations (R, S) or within viewshed areas as delineated on the Viewsheds Figure in the LUP, until a CAP has been submitted and approved unless, an exemption from these Scenic Area Regulations is granted pursuant to Section 9308(h) below.

f.   Content of CAP. The required CAP shall include such maps, plans, drawings, and sketches as are necessary to show:

g.   CAP Review Criteria. The general criterion of a CAP is that the proposed development shall not, to the maximum extent feasible, interfere with or degrade those visual features, natural or man-made, of the site or adjacent sites which contribute to its scenic attractiveness, as viewed from either the scenic highway or the adjacent scenic, historic, or recreational resource. In addition, the development shall comply with the scenic preservation policies set forth in the LUP (particularly Policy 6.7). In applying this general criterion, the following specific criteria shall be evaluated, when they are applicable.

h.   CAP Exemption. An exemption from the requirement to process a CAP pursuant to the special requirements of these Scenic Area regulations may be granted by the Director, under either of the following circumstances: a. If it is determined, based upon substantial evidence, that the proposed project is not visible from any viewshed designated by the LUP, and from any areas adjacent to significant recreational, historical or scenic resources, including but not limited to Federal and State parks; or b. If it is determined that the special requirements of these Scenic Area Regulations would not materially contribute to the attainment of the stated purpose or objectives of the Scenic Area Regulations to the subject property.

a.   A site plan shall be required that shows: 1) The location of the 100-year floodplain, floodway, or floodway fringe, as shown on both Department of Public Works 100-year Floodplain Maps and FEMA Flood Insurance Rate Maps; 2) The location of any natural drainage (including intermittent streams) and any proposed drainage systems; and 3) All preliminary grading, including incidental grading related to site preparation.

b.   Floodway. The development of permanent structures for human habitation or as a place of work shall not be permitted in a floodway.

c.   Floodplain Fringe. All uses permitted by zoning and those that are allowable in the floodway are allowed in the floodplain fringe. Prior to granting a CAP required by this section for development, including permanent structures, grading, fill, deposit of soil or other material, or removal of natural vegetation within a 100-year floodplain fringe, all of the following criteria shall be met:

d.   Sea-Level Rise (SLR). When reviewing proposed development, the County shall consider potential SLR impacts, identified based on the best available science, including those identified in the LCP Update Report included as Appendix A to the LUP. Specifically, analysis of SLR projections, based on the best available science, shall be incorporated into all planning and engineering studies related to development.

x.   The properties that may be affected by the projected SLR, as shown within the LUP, Appendix A, are as follows:

a.   Development within the Coastal Zone shall conform to the following WUI requirements:

a.   Development within Steep Slope areas as shown on Figure 10 of the LUP shall conform to the following requirements:

a.   Proposed development shall enhance and shall not impair the public’s ability to access and enjoy points and passages to public access features, including those identified in Figure 6 Publicly Accessible Vantage Points and Figure 7 Regional Trail Network and Points of Interest of the LUP.

b.   New subdivisions shall not provide gates, guardhouses, or other features that would limit existing public access points.

c.   Changes to existing public access ways that are required as part of an existing CDP shall not allow a reduction in access. Any such changes to an existing public access way would be required to be reviewed through a Coastal Permit Amendment process.

e.   Trails shall be maintained at or near original or intended standards. This shall include mowing and brush removal to replacement of damaged signs to reconstruction of the trail.

f.   Maintenance of trails shall occur in compliance with the following criteria:

g.   All trails shall be considered major public works and pursuant to the California Coastal Act, shall be appealable to the California Coastal Commission.

h.   The County’s Coastal Zone contains approximately four (4) miles of non-motorized trails located within ESHA. As allowed within this LCP, this amount of trails may be maintained, rerouted or redesigned as necessary within the County’s coastal zone, provided that the ultimate extent of multi-use trails shall not increase beyond six (6) miles of linear trails within or adjacent to ESHA.

c.   Findings Required. All decisions on CAP / CDP shall be accompanied by the written findings listed below. Developments requiring the application of the Special Development Standards in Section 9300 through 9314 may require additional findings. It is the responsibility of the Applicant to establish evidence in support of all required findings. An application for a CAP / CDP may be approved or conditionally approved, only if the decisionmaker makes all of the findings listed below:

d.    Conditions. Approval of a CAP / CDP shall be subject to conditions as necessary to ensure conformance with, and implementation of, the certified LCP. Modification and resubmittal of project plans, drawings and specifications, preparation of additional plans, or recordation of documents may be required to ensure conformance with the LCP. When modifications and resubmittal of plans, additional plans, or recorded documents are required, issuance of the permit shall be deferred for a sufficient period of time to allow the County to determine whether the modified project, the additional plans, or the recorded documents comply with the conditions of approval of the permit. All conditions must be fulfilled. Development of the property in reliance of the permit must commence prior to permit expiration unless an extension is applied for and granted, as outlined in Sections 9400 and 9414.

e.   Coastal Administrative Permit (CAP). Applications for development associated with a use that is listed in the respective category, within the applicable Use Regulation shall obtain a CAP, if the development conforms to all of the following: (1) As proposed is consistent with the LCP; (2) Requires no discretionary approval other than a CAP; and (3) Has no adverse effect either individually or cumulatively on coastal resources, including public access.

f.   Coastal Development Permit (CDP). Applications for development associated with a use that is shown in Tables 9-2a through 9-2f (inclusive), which require a Major Use Permit, identified by an “M” designator shall require a CDP, and shall be required for any other development not meeting the criteria for a CAP. These shall be known as the CDP. A CDP may be granted to provide for the accommodation of land uses with special site or design requirements, operating characteristics, or potential adverse effects on the environment, through review and, where necessary, the imposition of special conditions of approval. Each Department shall process permits related to its authority outlined in Table 9-9 above. The Planning Commission shall approve CDPs processed by PDS, and Directors DGS, DPR, and DPW shall approve for CDPs within their respective jurisdictions (“Approval Authority”). The local appeal authority for all CDPs shall be the Board of Supervisors. Each Approval Authority shall be responsible for reviewing and evaluating a CDP application pursuant to the following procedures.

g.   Additional Permits. The review of a CDP application may be combined with, and processed concurrently with the review of any other discretionary permit application required by the County Local Coastal Program. When an application for a development is proposed, the County shall not grant any such discretionary approval for development that conflicts with any policy or standard of this Section. No such discretionary approval shall be effective until or unless, a Coastal Permit is approved that authorizes the subject development.

h.   Legal Development and Permitting Processes. Development that was legally established prior to the effective date of the Coastal Act of 1976 or its predecessor, the Coastal Zone Conservation Act of 1972, if applicable, is considered lawfully established development. Improvements, repair, modification, or additions subject to such existing development may be subject to a CAP / CDP, or other County permit, in accordance with the provisions of this Section. The CAP / CDP shall only be approved, if the proposed development is consistent with the policies and standards of the County’s LCP.

i.   Illegal Development and Permitting Processes. Development that was established after the effective date of the Coastal Act of 1976 or its predecessor, the Coastal Zone Conservation Act of 1972, if applicable, and that was not authorized in a CAP / CDP or otherwise authorized under the Coastal Act, is not lawfully established or lawfully authorized development. No improvements, repair, modification, or additions to such existing development may be approved, unless the County also approves a CAP / CDP that authorizes the existing development. The CAP / CDP shall only be approved if the existing and proposed development, with any applicable conditions of approval, is consistent with the policies and standards of the County’s LCP. Whenever the County or Executive Director of the Coastal Commission determine that a violation has occurred or is threatened, the County Counsel or Attorney General may file an action for equitable relief to enjoin such violation of, or for, civil penalties, or both, or may take other appropriate action pursuant to County enforcement procedures identified in the County Code of Regulatory Ordinances and/or State enforcement procedures identified in the Coastal Act or other applicable law.

j.   Principal Permitted Use. A Principal Permitted Use shall mean the primary use for which land or a building is, or may be intended as, occupied, maintained, arranged, or designed, as established by the County’s LCP.

k.   Nonconforming Structure. A nonconforming structure shall be a building, structure or facility, or portion thereof, which was lawfully erected, altered, or maintained prior to the certification date of the LUP that does not conform to the provisions of the LCP. When redevelopment of an existing, nonconforming structure or use includes the cumulative redevelopment of 50 percent, the entire structure shall be brought into conformance with all policies and standards of the LCP including, but not limited to steep slopes, ESHA, and floodplain policies. Cumulative increases shall be tracked starting on the date of the certification of the LCP.

a.   Projects with Coastal Commission Approval. Pre-Existing projects or development authorized by a valid coastal permit or equivalent authorization issued by the Coastal Commission, or in areas where the Coastal Commission retains original permit jurisdiction. A person undertaking development included in a public works plan or long-range development plan approved by the Coastal Commission is not required to obtain a CAP / CDP from the County, however, other County permits may be required.

b.   Replacement after Natural Disaster. The replacement of any structure, other than a public works facility, destroyed by a disaster. is exempt, provided that the replacement structure: 1) Conforms to applicable existing County Local Coastal Program requirements; 2) Will be for the same uses as the destroyed structure; 3) Does not exceed the floor area, height, or bulk of the destroyed structure by more than 10 percent; and 4) Will be sited on the affected property and in the same location as the destroyed structure. Public Resources Code Section 30610(g)(1).

c.   Improvements to Existing Single-Family Residences, including fixtures and structures directly attached to the residence and structures on the property normally associated with a single-family residence uses, such as garage, patios, swimming pools and landscaping, but not including guest living quarters or self-contained residential units. This exemption for improvements shall not include the following:

d.   Repair and Maintenance Activities. Repair or maintenance activities that do not result in an addition to, or enlargement or expansion of, the object of those repair or maintenance activities, provided, however, that if the County determines that certain extraordinary methods of repair and maintenance involve a risk of substantial adverse environmental impact, it shall, by regulation, require that a permit be obtained.

e.   Land Division. Land division brought about in connection with the purchase of such land by a public agency for public recreational uses.

f.   Utility Connections. 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 permit that accounted for such connection; provided, however, that the County may require conditions to mitigate any adverse impacts on coastal resources including scenic resources.

g.   Minor Excavation Not Requiring a Grading Permit. Minor excavation or placement of soil materials, not otherwise requiring a grading permit, incidental to the planting of trees and shrubs or other vegetation for landscaping purposes, provided that such excavations or placement of soil materials does not in itself alter the general overall topographical configuration of the land and does not take place on slopes of 25% grade or greater.

a.   Notice that a public hearing shall be held upon request by any person is provided to all persons who would otherwise be required to be notified of a public hearing, as well as any other persons known to be interested in receiving notice; and

b.   No request for a public hearing is received by the Approval Authority within 15 working days, from the date the notice was sent, pursuant to preceding subparagraph.

c.   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 make an appeal to the Approval Authority or the Coastal Commission, for any action taken by the County of San Diego on a coastal permit application. This notice shall also include a statement of whether the proposed action is appealable to the Coastal Commission.