The Coastal Overlay Zone is established for the purpose of implementing
the Coastal Act of 1976 (Division 20 of the California Public Resources
Code) and to insure that all public and private development in the
Coastal Zone of the City of Santa Barbara is consistent with the City's
Certified Local Coastal Program and the Coastal Act.
(Ord. 5417, 2007)
The S-D-3 Zone is applied to the "Coastal Zone" which is defined
as generally all of the land 1,000 yards from the mean high tide line
as established by the Coastal Act of 1976 and as it may subsequently
be amended, which lies within the City of Santa Barbara (including
the Santa Barbara Municipal Airport and Goleta).
(Ord. 5417, 2007)
Any person (including the City, any utility, any federal, state
or local government, or special district or any agency thereof) wishing
to perform or undertake any development within the Coastal Overlay
Zone of the City of Santa Barbara shall comply with the provisions
of this chapter. If there is a conflict between a provision of the
City of Santa Barbara Local Coastal Program (including the Land Use
Plan and the Coastal Overlay Zone Ordinance) and a provision of the
General Plan or any other City-adopted plan, resolution or ordinance
not included in the City of Santa Barbara Local Coastal Program, and
it is not possible for the proposed development to comply with both
the Local Coastal Program and such other plan, resolution or ordinance,
the Local Coastal Program shall take precedence and the development
shall not be approved unless it complies with the Local Coastal Program
provision.
(Ord. 5417, 2007)
For the purposes of this chapter, the following words and phrases
shall be construed as set forth below in this section unless it is
apparent from the context that a different meaning is intended:
Access.
1.
Lateral.
An area of land providing public access along the water's
edge.
2.
Vertical.
An area of land providing a connection between the first
public road or use area nearest the sea and the publicly-owned tidelands
or established lateral access way.
Aggrieved Person.
Any person who, in person or through a representative, appeared
at a public hearing of the City in connection with the decision or
action appealed, or who, by other appropriate means prior to the hearing,
informed the City of the nature of his or her concerns or who for
good cause was unable to do either.
Appealable Development.
1.
Developments approved by the City 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.
2.
Developments approved by the City not included within paragraph
1 above located on tidelands, submerged lands, public trust lands,
within 100 feet of any wetland, estuary, stream, or within 300 feet
of the top of the seaward face of any coastal bluff.
3.
Any development which constitutes a major public works project
or a major energy facility.
The Post-LCP Certification Permit and Appeal Jurisdiction Map,
City of Santa Barbara, has been prepared to show where the California
Coastal Commission retains permit and appeal jurisdiction pursuant
to Public Resources Code Sections 30519(b), 30603(a)(1) and (a)(2)
and 30600.5(d). In addition, development may also be appealable pursuant
to Public Resources Code Sections 30603(a)(3), (a)(4), and (a)(5).
If questions arise concerning the precise location of the boundary
of any appealable area, the matter should be referred to the City
of Santa Barbara and/or the Executive Director of the California Coastal
Commission for clarification and information. The Post-LCP Certification
Permit and Appeal Jurisdiction Map may be updated as appropriate and
may not include all lands where post-LCP certification permit and
appeal jurisdiction is retained by the Commission.
|
Applicant.
The person, partnership, corporation or state or local government
agency applying for a coastal development permit.
Coastal Development Permit.
A permit for any development within the coastal zone that
is required pursuant to subdivision (a) of Section 30600 of the California
Public Resources Code and issued by the City in accordance with the
provisions of this section.
Coastal Zone.
That land and water area of the City of Santa Barbara extending
seaward to the State's outer limit of jurisdiction and extending inland
to the boundary shown on the official Zoning Maps for the S-D-3 Coastal
Overlay Zone, as amended from time to time and adopted by the Coastal
Commission.
Development.
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 which are in accordance with a timber harvesting
plan submitted pursuant to the provisions of the Z'berg-Nejedly Forest
Practice Act of 1973 (commencing with Section 4511).
Energy Facility.
Any public or private processing, producing, generating,
storing, transmitting or recovering facility for electricity, natural
gas, petroleum, coal or other source of energy.
Environmentally Sensitive Area.
Any area in which plant or animal life or their habitats
are either rare or especially valuable because of their special nature
or role in an ecosystem and which could be easily disturbed or degraded
by human activities and developments.
Feasible.
Capable of being accomplished in a successful manner within
a reasonable period of time, taking into account economic, environmental,
social and technological factors.
Fill.
Earth or any other substance or material, including pilings
placed for the purposes of erecting structures thereon, placed in
a submerged area.
Land Use Plan.
Maps and a text which indicate the kinds, location and intensity
of land uses allowed in the Coastal Zone and includes resources protection
and development policies related to those uses.
Local Coastal Program.
The City's land use plan, zoning ordinances, zoning maps
and other implementing actions certified by the Coastal Commission
as meeting the requirements of the California Coastal Act of 1976.
Major Public Works Project or Major Energy Facility.
1.
"Major public works" and "Major energy facilities"
mean facilities that cost more than $100,000.00 with an automatic
annual increase every year following the baseline of $100,000.00 set
in 1983 in accordance with the Engineering News Record Construction
Cost Index, except for those facilities governed by the provisions
of
Public Resources Code Sections 30610, 30610.5, 30611 or 30624.
2.
Notwithstanding the criteria in paragraph 1 above, "major public
works" also means publicly-financed recreational facilities that serve,
affect, or otherwise impact regional or statewide use of the coast
by increasing or decreasing public recreational opportunities or facilities.
Natural Disaster.
Any situation in which the force or forces which destroyed
the structure to be replaced were beyond the control of the owner.
Other Permits and Approvals.
Permits and approvals, other than a coastal development permit,
required to be issued by the approving authority before a development
may proceed.
Person.
Any individual, organization, partnership, limited liability
company, or other business association or corporation, including any
utility, and any federal, state or local government, special district,
or an agency thereof.
Public Works Project.
Any of the following development shall constitute a public
works project:
1.
All production, storage, transmission and recovery facilities
for water, sewage, telephone and other similar utilities owned or
operated by any public agency or by any utility subject to the jurisdiction
of the 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.
Sea.
The Pacific Ocean and all harbors, bays, channels, estuaries,
salt marshes, sloughs and other areas subject to tidal action through
any connection with the Pacific Ocean, excluding nonestuarine rivers,
streams, tributaries, creeks and flood control and drainage channels.
Structure.
Anything constructed or erected, the use of which requires
location on the ground or attachment to something having location
on the ground. 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.
Visitor-Serving Development or Use.
Stores, shops, businesses, temporary lodging and recreational
facilities (both public and private) which provide accommodations,
food and services for the traveling public, including, but not limited
to, hotels, motels, campgrounds, parks, nature preserves, restaurants,
specialty shops, art galleries and commercial recreational development
such as shopping, eating and amusement areas.
Wetland.
Lands within the Coastal Zone which may be covered periodically
or permanently with shallow water and include saltwater marshes, freshwater
marshes, open or closed brackish water marshes, swamps, mudflats and
fens.
Working Day.
Any day on which all City offices are open for business.
(Ord. 5417, 2007)
In addition to any other permits or approvals required by the City, a coastal development permit shall be required prior to commencement of any development in the coastal zone of the City, unless the development involves emergency work subject to the provisions of Section
28.44.100 or th
e development is subject to one of the exclusions or exemptions specified in Section
28.44.070.
(Ord. 5417, 2007)
The following categories of development, through subsection
C, are categorically excluded from the coastal development permit
requirements of this chapter pursuant to Categorical Exclusion Order
E-86-03 as amended by Categorical Exclusion Order E-06-1 and certified
by the California Coastal Commission:
A. Time-share
conversion exclusion. Any activity anywhere in the coastal zone that
involves the conversion of any existing multiple-unit residential
structure to a time-share project, estate, or use, as defined in Section
11212 of the
Business and Professions Code. If any improvement to
an existing structure is otherwise exempt from the permit requirements
of this division, no coastal development permit shall be required
for that improvement on the basis that it is to be made in connection
with any conversion exempt pursuant to this subdivision. The division
of a multiple-unit residential structure into condominiums, as defined
in Section 783 of the
Civil Code, shall not be considered a time-share
project, estate, or use for purposes of this subdivision.
B. Vested
rights exclusion. Any development which, on the effective date of
this subsection, has a valid approval from the Coastal Commission
shall be considered to have a vested right until such time as said
approval expires or lapses; provided, however, that no substantial
change may be made in any such development without prior Coastal Commission
and City approval having been obtained by the developer.
C. Single-family
residence exclusions.
1. Construction
of one single-family residence on an existing vacant parcel in the
area designated as Non-Appealable on the Post-LCP Certification Permit
and Appeal Jurisdiction Map, City of Santa Barbara.
2. Demolition
and reconstruction of an existing single-family residence in the area
designated as Non-Appealable on the Post-LCP Certification Permit
and Appeal Jurisdiction Map, City of Santa Barbara. Notwithstanding
the exclusion specified in this paragraph, if an application for demolition
and reconstruction of an existing single-family residence is submitted
for a lot that either: (a) contains a City landmark or structure of
merit; (b) contains or is within 100 feet of archeological or paleontological
resources; or (c) contains or is within 100 feet of an environmentally
sensitive habitat area, stream, wetland, marsh, or estuary, regardless
of whether such resources are mapped or unmapped, then the application
shall require a coastal development permit.
The following categories of development, through the end of this section, are exempt from the coastal development permit requirements of this chapter pursuant to Section 30610 of the Public Resource Code and Sections 13250—13253 of Title 14 of the California Administrative Code:
|
D. Single-family residence exemption. Improvements to existing single-family residences; provided, however, that those improvements which involve a risk of adverse environmental effect shall require a coastal development permit, as provided in Section 13250 of Title
14 of the
California Administrative Code, as amended from time to time. A junior accessory dwelling unit that is created from at least one existing bedroom and is entirely within an existing single-family residence and does not change the building envelope is not considered development and does not require a Coastal Development Permit.
E. Other construction exemption. Improvements to any structure other than a single-family residence or a public works facility; provided, however, that those improvements which involve a risk of adverse environmental effect; or adversely affect public access; or result in a change in use contrary to any policy of the Coastal Act; shall require a coastal development permit, as provided in Section 13253 of Title
14 of the
California Administrative Code, as amended from time to time.
F. Maintenance
of navigation channel exemption. Maintenance dredging of existing
navigation channels or moving dredged material from such channels
to a disposal area outside the Coastal Zone, pursuant to a permit
from the United States Army Corps of Engineers.
G. Repair or maintenance exemption. Repair or maintenance activities that do not result in an addition to, or enlargement or expansion of the object of such repair or maintenance activity; provided, however, that extraordinary methods of repair and maintenance that involve a risk of substantial adverse environmental impact shall require a coastal development permit, as provided in Section 13252 of Title
14 of the
California Administrative Code, as amended from time to time.
H. Utility
connections exemption. The installation, testing and placement in
service or the replacement of any necessary utility connection between
an existing service facility and any development approved pursuant
to the California Coastal Act of 1976 and this chapter; provided that
the Community Development Director may, where necessary, require reasonable
conditions to mitigate any adverse impacts on coastal resources, including
scenic resources.
I. Replacement of existing structures destroyed by natural disaster exemption. The replacement of any structure, other than a public works facility, destroyed by a disaster. The replacement structure shall conform to applicable existing zoning requirements, shall be for the same use as the destroyed structure, shall not exceed either the floor area, height, or bulk of the destroyed structure by more than 10%, and shall be sited in the same location on the affected property as the destroyed structure. As used in this subsection
I, the term:
"Disaster"
means any situation in which the force or forces which destroyed
the structure to be replaced were beyond the control of its owner.
"Bulk"
means total interior cubic volume as measured from the exterior
surface of the structure.
"Structure"
includes landscaping and any erosion control structure or
device which is similar to that which existed prior to the occurrence
of the disaster.
J. Temporary
event exemption.
1. Definitions. For the purposes of this subsection
J, the following words and phrases shall be construed as set forth below:
Exclusive Use.
A use that precludes public uses in the area of the temporary
event for recreation, beach access or access to coastal waters other
than for or through the temporary event itself.
Limited Duration.
A period of time that does not exceed a two-week period on
a continual basis, or does not exceed a consecutive four-month period
on an intermittent basis.
Non-Permanent Structure(s).
Include, but are not limited to, bleachers, perimeter fencing,
vendor tents/canopies, judging stands, trailers, portable toilets,
sound/video equipment, stages, booths, platforms, movie/film sets,
which do not involve grading or landform alteration for installation.
Temporary Event.
An activity or use that constitutes development as defined
in Section 30106 of the California Coastal Act; and is an activity
or function of limited duration; and involves the placement of non-permanent
structures; and/or involves exclusive use of a sandy beach, parkland,
filled tidelands, water, streets or parking area which is otherwise
open and available for general public use.
Coastal Resources.
Include, but are not limited to, public access opportunities,
visitor and recreational facilities, water-oriented activities, marine
resources, biological resources, environmentally sensitive habitat
areas, agricultural lands, and archaeological or paleontological resources.
Sandy Beach Area.
Includes publicly-owned and privately-owned sandy areas fronting
on coastal waters, regardless of the existence of potential prescriptive
rights or a public trust interest.
2. General
Rule. Except as provided in paragraph 4 below, every temporary event
is excluded from the coastal development permit requirements under
this chapter, unless the temporary event meets all of the following
criteria:
a. The event is to be held between Memorial Day weekend and Labor Day,
inclusive; and
b. The event occupies all or a portion of a sandy beach area; and
c. The event involves a charge for general public admission or seating
where no fee is currently charged for use of the same area (not including
booth or entry fees).
3. Other
Exclusions. The Community Development Director may also exclude a
temporary event that satisfies all of the criteria specified in paragraph
2 above, if:
a. The fee is for preferred seating only and 75% of the provided seating
capacity is available free of charge for general public use; or
b. The event is held on a sandy beach area in a remote location with
minimal demand for public use, and there is no potential for adverse
effect on sensitive coastal resources; or
c. The event is less than one day in duration; or
d. The event has previously received a coastal development permit and
will be held in the same location, at a similar season, and for a
similar duration, with operating and environmental conditions substantially
the same as those associated with the previously-approved event.
4. Special
Circumstances. The Community Development Director, or the Planning
Commission or City Council through direction to the Community Development
Director, may determine that a temporary event shall require a coastal
development permit, even if the criteria specified in paragraph 2
above are not met, if the Community Development Director determines
that unique or changing circumstances exist relative to the particular
temporary event that have the potential for significant adverse impacts
on coastal resources. Such circumstances may include, but shall not
be limited to, the following:
a. The event, either individually or together with other temporary events
scheduled before or after the particular event, precludes the general
public from use of a public recreational area for a significant period
of time;
b. The event and its associated activities or access requirements will
either directly or indirectly impact environmentally sensitive habitat
areas, rare or endangered species, significant scenic resources, or
other coastal resources as defined in paragraph 1 of this subsection;
c. The event is scheduled between Memorial Day weekend and Labor Day
and would restrict public use of roadways or parking areas or otherwise
significantly impact public use or access to coastal waters; or
d. The event has historically required a coastal development permit
to address and monitor associated impacts to coastal resources.
(Ord. 5417, 2007; Ord. 5975, 2020; Ord. 6048 §4, 2021; Ord. 6058 §5,
2022)
The Community Development Department shall maintain a record
of all determinations made which shall be made available to the Coastal
Commission or any interested person upon request. This record must
include the applicant's name, the location of the project, a brief
description of the project, the site plan, the date upon which the
determination was made, and all terms and conditions imposed by the
City in granting its approval. Notice of each exclusion determination
shall be made to the Coastal Commission within five working days of
the determination by the Community Development Department. The City
is not required to give the Coastal Commission notice of exemption
determinations.
(Ord. 5417, 2007)
The Community Development Director may issue an emergency permit without compliance with the procedures for the issuance of a coastal development permit specified in this chapter in cases of an emergency, as the term emergency is defined in Section 13009 of Title
14 of the
California Administrative Code. Where persons or public agencies seek a permit for emergency work pursuant to Section 30624 of the California
Public Resources Code or this section, the following procedures shall apply:
A. Application.
Applications for permits for emergency work shall be made to the Community
Development Director by letter or facsimile during business hours
if time allows, or by telephone or in person if time does not allow.
The information to be reported during the emergency, if it is possible
to do so, or to be reported fully in any case after the emergency,
shall include the following:
1. The
nature of the emergency;
2. The
cause of the emergency, insofar as this can be established;
3. The
location of the emergency;
4. The
remedial, protective, or preventive work required to deal with the
emergency;
5. The
circumstances during the emergency that appeared to justify the course(s)
of action taken, including the probable consequences of failing to
take action;
6. The
identity of other public agencies alerted to the emergency;
7. Access
routes to the emergency; and
8. Any
other information deemed necessary by the Community Development Director.
B. Verification
of emergency. The Community Development Director shall verify the
facts, including the existence and nature of the emergency, insofar
as time allows.
C. Coordination and public notice. Prior to issuance of an emergency permit, when feasible, the Community Development Director shall notify, and coordinate with, the South Central Coast District Office of the California Coastal Commission as to the nature of the emergency and the scope of the work to be performed. This notification shall be in person or by telephone. The Community Development Director shall provide public notice of the proposed emergency action required by Section 13329.3 of Title
14 of the
California Administrative Code, with the extent and type of notice determined on the basis of the nature of the emergency itself.
D. Issuance.
The Community Development Director may grant a permit for emergency
work upon reasonable terms and conditions, including an expiration
date and the requirement for a regular permit application later, if
the Community Development Director finds that:
1. An
emergency exists and requires action more quickly than permitted by
the procedures for ordinary permits, 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 if time
allows;
3. The
work proposed would be consistent with the requirements of the City's
Local Coastal Program and the California Coastal Act of 1976;
4. The
work proposed is the minimum action necessary to address the emergency
and, to the maximum extent feasible, is the least environmentally
damaging temporary alternative for addressing the emergency. This
finding shall be made with the maximum information and analysis possible
given the expedited review demanded by the emergency situation;
5. The
Community Development Director shall not issue an emergency permit
for any work that falls within the provisions of Public Resources
Code Section 30519(b) since a coastal development permit application
for this type of work must be reviewed by the California Coastal Commission
pursuant to the provisions of
Public Resources Code Sections 30519(b)
and 30600(d).
E. Format
of permit. The emergency permit shall be a written document that includes
the following information:
3. The
scope of work to be performed;
4. Terms
and Conditions of the Permit. The emergency permit may contain conditions
for removal of existing development or structures if they are not
authorized in a coastal development permit, or the emergency permit
may require that a subsequent coastal development permit must be obtained
to authorize the removal of such existing unpermitted development
or structures;
5. A
provision stating that within 90 days of issuance of the emergency
permit, a coastal development permit application shall be submitted
and properly filed consistent with the requirements of this chapter
seeking authorization to retain structures erected pursuant to the
emergency permit, to remove such structures, or some other alternative;
6. A
provision stating that any development or structures constructed pursuant
to an emergency permit shall be considered temporary until authorized
by a subsequent coastal development permit and that issuance of an
emergency permit shall not constitute an entitlement to the erection
of permanent development or structures; and
7. A
provision that states that the development authorized in the emergency
permit must be removed unless a complete application for a coastal
development permit is filed within 90 days of approval of the emergency
permit. If all or any portion of the application for the coastal development
permit seeking authorization for permanent retention of the development
authorized pursuant to the emergency permit is denied, the portion
of the development that is denied must be removed.
F. Notice
to the Planning Commission.
1. The
Community Development Director shall report in writing to the Planning
Commission at each meeting of the Commission the emergency permits
applied for or issued since the last report. The report shall contain
a description of the nature of the emergency and the work involved.
Copies of this report shall be available at the meeting and shall
have been mailed at the time the application summaries and staff recommendations
are normally distributed to all persons who have requested such notification
in writing. Copies of this report shall also be sent to the South
Central Coast District Office of the California Coastal Commission.
2. All
emergency permits issued after completion of the agenda for the Planning
Commission meeting shall be briefly described by the Community Development
Director at the meeting, and the written report required by paragraph
1 above shall be distributed prior to the next meeting of the Planning
Commission.
3. The
report of the Community Development Director shall be informational
only. The decision to issue an emergency permit is solely at the discretion
of the Community Development Director.
(Ord. 5417, 2007)
Where a coastal development permit is required pursuant to Section
28.44.060, the authority to review an application for a coastal development permit is designated as follows:
A. Appealable
development.
1. Planning
Commission. The Planning Commission shall review all applications
for coastal development permits for proposed development in the appealable
area unless authority is granted to the Staff Hearing Officer pursuant
to paragraph 2 below.
2. Staff
Hearing Officer. The Staff Hearing Officer shall review applications
for coastal development permits for development proposed in the appealable
area when:
a. The proposed development requires another discretionary action by
the Staff Hearing Officer under any other provision of this Code;
or
b. The proposed development involves single family residential development
unless the proposed development:
i. Is located less than 50 feet from the edge of any coastal bluff or
the inland extent of any beach, or
ii. Is located seaward of the seacliff retreat line as defined in the
City of Santa Barbara Coastal Plan, or
iii.
Involves an improvement that increases the internal floor area
of any structure by more than 500 square feet, or
iv. Involves a second story improvement, or
v. Requires a discretionary action by the Planning Commission under
another provision of this Code.
B. Non-appealable
development.
1. Planning
Commission. The Planning Commission shall review applications for
coastal development permits for development proposed in the non-appealable
area when the proposed development requires another discretionary
action by the Planning Commission under any other provision of this
Code.
2. Staff
Hearing Officer. The Staff Hearing Officer shall review applications
for coastal development permits for development proposed in the non-appealable
area when the proposed development does not require another discretionary
action by the Planning Commission under another provision of this
Code.
C. Accessory dwelling units. When a proposed development only involves the addition of a detached accessory dwelling unit to an existing single family residence, or any proposed accessory dwelling unit on a lot developed with two-residential unit, multiple residential unit, or mixed use development, the application shall be reviewed by the Staff Hearing Officer without a public hearing in accordance with
Government Code Section 65852.2. The Staff Hearing Officer shall not issue a decision on the application until at least 10 calendar days after notice having been given pursuant to Section
28.44.130. The Staff Hearing Officer may receive written comments regarding the application and consider such written comments during the review of the application, but the Staff Hearing Officer shall not conduct a public hearing on the application. The decision of the Staff Hearing Officer concerning an application for a coastal development permit pursuant to this subsection
C shall constitute the final action of the City. In the appealable area, decisions of the Staff Hearing Officer made pursuant to this subsection
C may be appealed to the Coastal Commission in accordance with Section
28.44.200. Actions on applications to construct accessory dwelling units shall be consistent with the provisions of the applicable zone and the policies and development standards of the City of Santa Barbara's certified Local Coastal Program and Chapter 3 of the California Coastal Act. Review of a coastal development permit application for an accessory dwelling unit as an addition to an existing single family residence or any proposed accessory dwelling unit on a lot developed with two-residential unit, multiple residential unit, or mixed use development, shall comply with all procedures and development standards of this chapter, aside from the requirements to conduct a public hearing and City appeals as described in Section
28.44.120,
28.44.140, and
28.44.160.
(Ord. 5417, 2007; Ord. 5975, 2020; Ord. 6048 §4, 2021; Ord. 6058 §5,
2022)
At least one public hearing shall be held on each application requiring a coastal development permit, with the exception of applications that only include the addition of an accessory dwelling unit to an existing single family residence or any proposed accessory dwelling unit on a lot developed with two-residential unit, multiple residential unit, or mixed use development pursuant to Section 28.44.110.C. The Planning Commission or the Staff Hearing Officer, as designated in Section
28.44.110, shall hold the public hearing regarding the coastal development permit concurrently with any other required public hearing or hearings before the reviewing body for any other applications regarding the proposed development.
(Ord. 5417, 2007; Ord. 5975, 2020; Ord. 6048 §4, 2021; Ord. 6058 §5,
2022)
If a public hearing regarding an application for a coastal development permit is continued by the Planning Commission or the Staff Hearing Officer to a date which is neither: (1) previously stated in the notice provided pursuant to Section
28.44.130; nor (2) announced at the public hearing as being continued to a date certain, the Community Development Department shall provide notice of the continued hearing in the same manner, and within the same time limits as established in Section
28.44.130.
(Ord. 5417, 2007)
In order to approve a coastal development permit, all of the
following findings shall be made:
A. The
project is consistent with the policies of the California Coastal
Act; and
B. The
project is consistent with all applicable policies of the City's Local
Coastal Plan, all applicable implementing guidelines, and all applicable
provisions of the Code.
(Ord. 5417, 2007)
A local decision on an application for a coastal development
permit shall be deemed final when:
A. The
local decision on the application has been made and all required findings
have been adopted, including specific factual findings supporting
the legal conclusions that the proposed development is or is not in
conformity with the certified Local Coastal Program and, where applicable,
with the public access and recreation policies of Chapter 3 of the
California Coastal Act,
Public Resources Code; and
B. When all local rights of appeal have been exhausted as defined in Section
28.44.160.
(Ord. 5417, 2007)
Within seven calendar days of a final City decision on an application
for a coastal development permit, the Community Development Department
shall provide notice of the action by first class mail to the Coastal
Commission and to any persons who specifically requested such notice
and provided a self-addressed, stamped envelope. Such notice shall
include conditions of approval, written findings and the procedures
for appeal of the City decision to the Coastal Commission.
(Ord. 5417, 2007)
A final decision of the City on an application for an appealable
development shall become effective after the 10 working day appeal
period to the Coastal Commission has expired unless any of the following
occur:
A. An appeal is filed in accordance with Section
28.44.200; or
B. The notice of final City action has not been given pursuant to Section
28.44.180.
When either of the above circumstances occurs, the Coastal Commission
shall, within five working days of receiving notice of that circumstance,
notify the City and the applicant that the effective date of the City
action has been suspended.
|
(Ord. 5417, 2007)
For those actions taken by the City on applications for coastal development permits that are approved for development defined as "appealable" under California
Public Resources Code Section 30603(a) and Section
28.44.040 of this code, an appeal may be filed with the Coastal Commission by an aggrieved party, the applicant, or two members of the Coastal Commission. Such appeals must be filed in the office of the Coastal Commission not later than 5:00 p.m. of the 10th working day following the Commission's receipt of sufficient notice of the final local governmental action. In the case of an appeal by an applicant or aggrieved party, the appellant must have first pursued appeal to the City Council, as established in Section
28.44.160, to be considered an aggrieved party.
(Ord. 5417, 2007)
Notwithstanding other permit and appeal provisions of this chapter,
development proposals which are located on lands identified as tidelands,
submerged lands or public trust lands as identified on the Post-LCP
Certification Permit and Appeal Jurisdiction Map, City of Santa Barbara,
adopted by the Coastal Commission, shall, pursuant to the requirements
of California
Public Resources Code Section 30519(b), require a coastal
permit from the Coastal Commission. Upon submittal to the City of
an application for a coastal development permit, the Community Development
Department shall determine if the development may be located on land
identified as tidelands, submerged lands and/or public trust lands.
Such determination shall be based upon maps and other descriptive
information identifying such lands which the Coastal Commission and/or
State Lands Commission may supply. Upon a determination that the proposed
coastal development involves such lands, the Community Development
Department shall notify the applicant and the Coastal Commission
of the determination that a State coastal permit is required for the
development. In conjunction with the City's review and decision on
the development in accordance with the requirements of this chapter
and other City codes, the City shall also make a recommendation to
the Coastal Commission regarding the development's conformance with
the certified Local Coastal Program, including this chapter. The City's
determination of development conformance with the objectives and requirements
of the Local Coastal Program shall be advisory only and not a final
action under this chapter. Development shall not proceed until the
Coastal Commission grants a coastal permit for such a development.
A. Planning
Commission recommendation. If proposed development within the permit
jurisdiction of the Coastal Commission requires discretionary review
by the Planning Commission under any other provision of this code,
the Planning Commission shall conduct a public hearing regarding the
development's conformance with the certified Local Coastal Program
including this chapter. The public hearing shall be held concurrently
with any other required public hearing or hearings for any other applications
regarding the proposed development. Following approval of the development
by the City, the Community Development Department shall forward the
City approval, the application, supporting file documents and the
City's recommendation regarding the issuance of the coastal development
permit to the Coastal Commission for its action on the coastal development
permit application.
B. Staff
Hearing Officer recommendation. If proposed development within the
permit jurisdiction of the Coastal Commission requires discretionary
review by the Staff Hearing Officer under any other provision of this
code, the Staff Hearing Officer shall conduct a public hearing regarding
development's conformance with the certified Local Coastal Program
including this chapter. The public hearing shall be held concurrently
with any other required public hearing or hearings for any other applications
regarding the proposed development. Following approval of the development
by the City, the Community Development Department shall forward the
City approval, the application, supporting file documents and the
City's recommendation regarding the issuance of the coastal development
permit to the Coastal Commission for its action on the coastal development
permit application.
C. Community
Development Department recommendation. If the proposed development
within the permit jurisdiction of the Coastal Commission does not
require discretionary review by the Planning Commission or the Staff
Hearing Officer under any other provision of this code, the Community
Development Department shall review the proposed development's conformance
with the certified Local Coastal Program including this chapter and
shall forward the application, supporting file documents and the Community
Development Department's recommendation regarding the issuance of
the coastal development permit to the Coastal Commission for its action
on the coastal development permit application.
(Ord. 5417, 2007)
On the request of an applicant, a coastal development permit
may be amended in the same manner specified for the initial review
of an application for a coastal development permit.
(Ord. 5417, 2007)
A. Conflicting
permits and licenses to be voided. All departments, officials, and
public employees of the City vested with the duty and authority to
issue permits or licenses shall conform to the provisions of this
zone and shall issue no permits or licenses for uses, buildings, or
any purpose in conflict with the provisions of this section. Any such
permit or license issued in conflict with this section shall be null
and void.
B. Conflict
with other regulations.
1. Where conflicts occur between the regulations contained in this section and the
California Building Code as adopted and amended by the City, other sections of Title
28 of this code, or other regulations effective within the City, the more restrictive of such laws, codes or regulations shall apply.
2. It
is not intended that this section shall interfere with, abrogate or
annul any easement, covenant, or other agreement now in effect; provided,
however, that where this section imposes a greater restriction upon
the use of buildings or land or upon new construction than are imposed
or required by other ordinances, rules, or regulations, or by easements,
covenants, or agreements, the provisions of this section shall apply.
3. Nothing
contained in this section shall be deemed to repeal or amend any regulation
of the City requiring a permit, license, and/or approval, for any
business, trade, or occupation, nor shall anything in this section
be deemed to repeal or amend the building code. If provisions of this
section overlap or conflict, the most protective provision relating
to coastal resources shall apply.
C. Failure
to act notice.
1. Notification by Applicant. If the City has failed to act on an application within the time limits set forth in Article 5 ("Approval of Development Permits") of Title
7, Division
I, Chapter 4.5 of the
Government Code, commencing with 65950, thereby approving the development by operation of law, the person claiming a right to proceed pursuant to
Government Code Section 65950 et seq. shall notify, in writing, the City and the Coastal Commission of the claim that the development has been approved by operation of law. Such notice shall specify the application which is claimed to be approved.
2. Notification
by City. Upon determination that the time limits established pursuant
to
Government Code Section 65950 et seq. have expired, the Community
Development Department shall, within five working days of such determination,
notify those persons entitled to receive notice that it has taken
final action by operation of law pursuant to
Government Code Section
65956. The appeal period for projects approved by operation of law
shall begin only upon receipt of the City's notice in the office of
the Coastal Commission.
D. Amendments
to a certified Local Coastal Program. The purpose of this subsection
is to provide for changes in the land use and/or zoning designation
on properties where such change is warranted by consideration of location,
surrounding development and timing of development; to provide for
text amendments to this section and/or the City's Local Coastal Plan
as the City may deem necessary or desirable; and to provide for amendments
to any ordinances or implementation measures carrying out the provisions
of the City's Local Coastal Plan. The intent of this subsection is
to provide the mechanism, consistent with the Coastal Act, for amending
the City's certified Local Coastal Program.
1. Initiation.
An amendment to the certified Local Coastal Program may be initiated
by any member of the public, the Planning Commission or the City Council.
All amendments proposed to the Commission for final certification
must be initiated by resolution of the City Council.
2. City
Review and Processing. Processing of amendments to the certified Local
Coastal Program shall proceed in the same manner as that required
for an amendment to the:
a. General Plan, if that amendment is intended to amend the text or
map of the City's Coastal Plan.
b. Municipal Code or Zoning Map, if that amendment is intended to amend
the municipal code or Zoning Map.
3. Noticing.
Notice of the hearing shall be given at least 10 calendar days before
the hearing.
a. For any amendment, notice shall be:
i. Published in a newspaper of general circulation in the City.
ii. Mailed to any person who has filed a written request therefore and
has supplied the City with self-addressed, stamped envelopes.
iii.
Mailed to the Coastal Commission.
b. In addition, for a proposed rezoning or change of land use designation,
notices shall be mailed:
i. To the owners of the affected property and also the owners of all
property within 300 feet of the exterior boundaries of the affected
property, using for this purpose the name and address of such owners
shown on the tax rolls of Santa Barbara County.
ii. To occupants of residences, including apartments on or within 100
feet of the affected property.
iii.
In the event that the rezoning or change of land use designation
affects a portion of the City which has an area equivalent to more
than four square City blocks, the City may, instead, provide notice
by placing a display advertisement in a newspaper of general circulation,
published and circulated in the City.
E. Coastal
Commission certification. Any proposed amendment to the Local Coastal
Program shall not take effect until it has been certified by the Coastal
Commission. Therefore, any approval by the City of such a proposed
amendment to the Local Coastal Program shall be submitted to the Coastal
Commission within 14 days of the final approval by the City Council
in accordance with Sections 30512 and 30513 of the Coastal Act.
F. Development potential. Notwithstanding any provision of law to the contrary, no application for a land use permit for a nonresidential construction project will be accepted or approved on or after December 6, 1989, unless the project complies with the provisions outlined in Development Plan Approval, Chapter
28.85.
G. Development within the Goleta Slough. Any development within the Goleta Slough Reserve Zone is required to obtain a Goleta Slough Coastal Development Permit pursuant to the provisions of Chapter
29.25 unless specifically exempted.
H. Hazardous waste management facilities. Approval for construction or use of any off-site hazardous waste management facilities, as defined in Chapter
28.04 of this title, shall require preparation and approval of an amendment to the Local Coastal Program by the City Council and the California Coastal Commission. Such facilities shall also require approval of a change in zone to the HWMF Overlay Zone and any other required permits in accordance with Chapter
28.75 of this title.
(Ord. 5417, 2007; Ord. 5451, 2008; Ord. 5459, 2008; Ord. 5609, 2013)