The Coastal (CZ) Overlay Zone is established for the purpose of implementing the Coastal Act of 1976 (Division 20 of the California Public Resources Code) and to ensure 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.
The CZ Overlay Zone is applied to the "Coastal Zone" which is generally defined as land closer than 1,000 yards from the mean high tide line as established by the Coastal Act which lies within the City of Santa Barbara (including the Santa Barbara Airport), as shown on the Post-LCP Certification Permit and Appeal Jurisdiction Map, City of Santa Barbara.
A. 
Any person (including the City, any utility, state or local government, or special district or any agency thereof) wishing to perform or undertake any development within the Coastal Zone of the City of Santa Barbara shall comply with the provisions of this chapter.
B. 
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.
A. 
Initial Determination. At the time a Coastal Development Permit application is submitted, the Community Development Director shall determine which of the following types of development is proposed and shall inform the applicant of the notice and hearing requirements for that particular development.
1. 
Within an area where the Coastal Commission exercises original permit jurisdiction;
2. 
Categorically excluded or otherwise exempt from the provisions of this chapter;
3. 
Appealable to the Coastal Commission; or
4. 
Non-appealable to the Coastal Commission.
B. 
Appealable Development Designation. Pursuant to Public Resources Code Section 30603(a), Appealable Development consists of the following types of development.
1. 
Developments between the sea and the first public road paralleling the sea or closer than 300 feet of the inland extent of any beach or of the mean high tideline of the sea where there is no beach, whichever is the greater distance.
2. 
Developments that are located on tidelands, submerged lands, public trust lands, closer than 100 feet of any wetland, estuary, or stream, or closer than 300 feet of the top of the seaward face of any coastal bluff.
3. 
Developments located in a sensitive coastal resource area.
4. 
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 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.
C. 
Challenge of Determination.
1. 
If the determination of the Community Development Director is challenged by the applicant or an interested person, or if the City wishes to have a Commission determination as to the appropriate designation, the City shall notify the Coastal Commission by telephone of the dispute/question and shall request an opinion from the Executive Director of the Coastal Commission.
2. 
The Executive Director shall transmit the determination as to whether the development is categorically excluded, non-appealable, or appealable.
3. 
Where there is a dispute between the Executive Director's determination and the City's determination, the Coastal Commission shall hold a hearing for purposes of determining the appropriate designation.
In addition to any other required permits or approvals, a Coastal Development Permit pursuant to Section 30.210.030, Coastal Development Permit, shall be required prior to commencement of any development in the CZ Overlay Zone unless specifically excluded or exempted pursuant to Section 30.50.050, Exclusions and Exemptions, or conducted pursuant to an Emergency Permit in accordance with Section 30.210.040, Emergency Permits.
A. 
Exclusions Pursuant to Exclusions Order. The following categories of development are categorically excluded from the Coastal Development Permit requirements of this Title pursuant to Categorical Exclusion Order E-86-03 as amended by Categorical Exclusion Order E-06-1 and certified by the California Coastal Commission:
1. 
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.
2. 
Vested Rights Exclusion. Any development which 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.
3. 
Single Unit Residence Exclusions.
a. 
Construction of one single unit 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.
b. 
Demolition and reconstruction of an existing single unit 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, a Coastal Development Permit shall be required if an application for demolition and reconstruction of an existing single unit residence is submitted for a lot that:
i. 
Contains a City Landmark or Structure of Merit,
ii. 
Contains or is closer than 100 feet of archeological or paleontological resources, or
iii. 
Contains or is closer than 100 feet of an environmentally sensitive habitat area, stream, wetland, marsh, or estuary, regardless of whether such resources are mapped or unmapped.
B. 
Exemptions Pursuant to State Law. The following categories of development are exempt from the Coastal Development Permit requirements of this Title pursuant to Section 30610 of the Public Resource Code and Sections 13250-13253 of Title 14 of the California Administrative Code.
1. 
Single Unit Residence Exemption. Improvements to existing single unit 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.
2. 
Other Construction Exemption. Improvements to any structure other than a single unit 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.
3. 
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.
4. 
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.
5. 
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.
6. 
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.
"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.
7. 
Temporary Event Exemption.
a. 
Temporary Event A temporary event is 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; 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.
i. 
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.
ii. 
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.
iii. 
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.
iv. 
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.
v. 
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.
b. 
General Rule. Every temporary event is exempted from the Coastal Development Permit requirements under this Title, unless the temporary event meets all of the following criteria and is not otherwise exempted pursuant to subparagraph c. below.
i. 
The event is to be held between Memorial Day weekend and Labor Day, inclusive; and,
ii. 
The event occupies all or a portion of a sandy beach area; and,
iii. 
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).
c. 
Other Exemptions. The Community Development Director may also exempt a temporary event that satisfies all of the criteria specified in subparagraph b. above, if:
i. 
The fee is for preferred seating only and 75% of the provided seating capacity is available free of charge for general public use;
ii. 
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;
iii. 
The event is less than one day in duration; or,
iv. 
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.
d. 
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 subparagraph b 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:
i. 
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;
ii. 
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 subparagraph a above;
iii. 
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
iv. 
The event has historically required a Coastal Development Permit to address and monitor associated impacts to coastal resources.
C. 
Record of Categorical Exclusion Determinations. 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.
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.
A. 
Determination of Applicability.
1. 
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 or public trust lands. Such determination shall be based upon maps and other descriptive information identifying such lands which the Coastal Commission or State Lands Commission may supply.
2. 
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.
B. 
Processing and Recommendation. In conjunction with the City's review and decision on the development in accordance with the requirements of this Title 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. 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. Development shall not proceed until the Coastal Commission grants a Coastal Permit for such a development.
1. 
Planning Commission Recommendation. If proposed development within the permit jurisdiction of the Coastal Commission requires discretionary review by the Planning Commission, the Planning Commission shall conduct a public hearing regarding the development's conformance with the certified Local Coastal Program. 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.
2. 
Staff Hearing Officer Recommendation. If proposed development within the permit jurisdiction of the Coastal Commission requires discretionary review by the Staff Hearing Officer, the Staff Hearing Officer shall conduct a public hearing regarding development's conformance with the certified Local Coastal Program. 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.
3. 
Community Development Department Recommendation. If the proposed development is within the permit jurisdiction of the Coastal Commission and does not require discretionary review by the Planning Commission or the Staff Hearing Officer, the Community Development Department shall review the proposed development's conformance with the certified Local Coastal Program 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.
A. 
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, Goleta Slough Reserve Zone, of the Santa Barbara Municipal Code unless specifically exempted.
B. 
Hazardous Waste Management Facilities. Approval for construction or use of any off-site hazardous waste management facilities 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 this Title.