§ 8174-6.3.6. Other general exclusions.

(a)

Pursuant to Categorical Exclusion Order E-83-1 (effective 9/30/1986, amendment effective 2/25/1987), the following activities are exempt from coastal development permit requirements, except when proposed within a location as described in subsection (b):

(1)

Fences and walls of six (6) feet or less in height except when such fence or wall may obstruct public access to the beach.

(2)

The installation of irrigation lines;

(3)

Structures, or additions thereto, with an aggregate value of one thousand dollars ($1,000.00) or less;

(4)

The addition of solar collection systems to existing structures;

(5)

Grading, excavation or fill that involves less than fifty (50) cubic yards of material;

(6)

Brush or vegetation removal, other than major vegetation, of less than one-half (½) acre;

(7)

Lot Line Adjustments that do not result in an increase or potential increase in the number of lots, number of building sites, or density of permitted development;

(8)

Removal of architectural barriers to facilitate access by the physically handicapped;

(9)

Replacement of public works facilities, furnishings, and equipment which shall:

i.

Be for the same use as the structure replaced;

ii.

Not exceed the capacity, surface coverage, height, or bulk of the structure replaced by more than ten (10) percent;

iii.

Be sited in the same location on the affected property or right-of-way; and

iv.

Not include water, sewer and power plants or stations; public transportation stations; oil and gas production, processing or pipelines; and similar development.

(b)

Uses described in subsection (a) shall require a coastal development permit when they are located in the following areas:

(1)

Tidelands, submerged lands, or beaches, or within one hundred (100) feet of such areas;

(2)

Within any ESHA, riparian habitat, river, sand dune, stream, wetland, estuary, marsh, lake, edge of coastal bluff, or one hundred (100) feet of such areas;

(3)

Lands or waters subject to, or potentially subject to, the public trust;

(4)

Lots immediately adjacent to the inland extent of the beach, or of the mean high tide line of the sea where there is no beach;

(5)

Lots between the mean high tide line and the first public road parallel to the sea, or within three hundred (300) feet of the mean high tide line where the nearest public road is not parallel to the sea;

(6)

On slopes greater than twenty (20) percent; or

(7)

Anywhere the policies of the LCP specify a larger geographic area of concern for natural resources than those areas listed in subsections (b)(1)—(6).

(Ord. No. 4451, § 4, 12-11-2012)