§ 8174-6.3.2. Repair or maintenance activities.

(a)

Pursuant to Section 30610(d) of the Public Resources Code, as it may be amended, repair or maintenance activities that do not result in additions, enlargements or expansions are exempt from coastal development permit requirements, with the exception of those activities identified in subsection (b).

(b)

Pursuant to Section 13252 of Title 14 of the California Code of Regulations, the following repair and maintenance activities are not exempt and shall require a coastal development permit because they involve a risk of substantial adverse environmental impact:

(1)

Any method of repair or maintenance of a seawall revetment, bluff retaining wall, breakwater, groin, culvert, outfall, or similar shoreline work that involves:

i.

Repair or maintenance involving substantial alteration of the foundation of the protective work including pilings and other surface or subsurface structures;

ii.

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, streams, wetlands, estuaries and lakes or on a shoreline protective work except for agricultural dikes within enclosed bays or estuaries;

iii.

The replacement of twenty (20) percent or more of the materials of an existing structure with materials of a different kind; or

iv.

The presence, whether temporary or permanent, of mechanized construction equipment or construction materials on any sand area, bluff, or environmentally sensitive habitat area (ESHA), or within twenty (20) feet of coastal waters or streams.

(2)

Any method of routine maintenance dredging that involves:

i.

The dredging of one hundred thousand (100,000) cubic yards or more within a twelve (12) month period;

ii.

The placement of dredged spoils of any quantity within an ESHA, on any sand area, within fifty (50) feet of the edge of a coastal bluff or ESHA, or within twenty (20) feet of coastal waters or streams; or

iii.

The removal, sale, or disposal of dredged spoils of any quantity that would be suitable for beach nourishment in an area the commission has declared by resolution to have a critically short sand supply that must be maintained for protection of structures, coastal access or public recreational use.

(3)

Any repair or maintenance to facilities or structures or work located in an ESHA, any sand area, within fifty (50) feet of the edge of a coastal bluff or ESHA, or within twenty (20) feet of coastal waters or streams that include:

i.

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

ii.

The presence, whether temporary or permanent, of mechanized equipment or construction materials.

(c)

All repair and maintenance activities governed by the above provisions are subject to the permit regulations promulgated pursuant to the Coastal Act, including but not limited to the regulations governing administrative and emergency permits. The provisions of this section shall not be applicable to methods of repair and maintenance undertaken by the ports listed in Section 30700 of the Public Resources Code, unless so provided elsewhere in the Coastal Act. The provisions of this section shall not be applicable to those activities specifically described in the document entitled Repair, Maintenance and Utility Hookups, adopted by the Coastal Commission on September 5, 1978, unless a proposed activity will have a risk of substantial adverse impact on public access, ESHA, wetlands, or public views to the ocean.

(d)

Unless destroyed by natural disaster, the replacement of fifty (50) percent or more of a single-family residence, seawall, revetment, bluff retaining wall, breakwater, groin or any other structure is not repair and maintenance under this Section, but instead constitutes a replacement structure requiring a coastal development permit.

(Ord. No. 4451, § 4, 12-11-2012; Ord. No. 4492, § 2, 6-21-2016)

Note— For additional information regarding repair and maintenance activities excluded from coastal permit requirements (including roads, public utilities, parks, industrial facilities, other structures and dredging and beach alteration) see Repair, Maintenance and Utility Hook-up Exclusions from Permit Requirements, adopted by the Coastal Commission on September 5, 1978.