This chapter establishes a process for consideration and review of Coastal Development Permits and Emergency Permits, which is intended to implement the California Coastal Act of 1976 (Division 20 of the Public Resources Code), as amended, in accordance with the City's Local Coastal Program.
A. 
Coastal Development Permit. Approval of a Coastal Development Permit is required for development in the Coastal (CZ) Overlay Zone unless specifically excluded or exempted pursuant to Section 30.50.050, Exclusions and Exemptions.
B. 
Emergency Permit. In cases of an emergency, as the term emergency is defined in Section 13009 of Title 14 of the California Code of Regulations, the Community Development Director may issue an Emergency Permit in accordance with the procedures specified in Section 30.210.040, Emergency Permits.
A. 
Review Authority. The following bodies shall approve, conditionally approve, revise or deny applications for Coastal Development Permits based on consideration of the requirements of this chapter.
1. 
Staff Hearing Officer.
a. 
Accessory Dwelling Units. The Staff Hearing Officer shall review applications for Coastal Development Permits for Accessory Dwelling Units.
b. 
Single Unit Residential Development. The Staff Hearing Officer shall review applications for Coastal Development Permits for single unit residential development, provided the development:
i. 
Is located 50 feet or further from the edge of any coastal bluff or the inland extent of any beach;
ii. 
Is located outside the coastal bluff retreat and beach erosion and wave runup screening areas as shown on the City of Santa Barbara Coastal Land Use Plan Coastal Erosion Hazard Screening Map; and
iii. 
Does not require a discretionary action by the Planning Commission under another provision of this title.
c. 
Non-Appealable Development. The Staff Hearing Officer shall review applications for Coastal Development Permits for non-appealable development when the proposed development does not require another discretionary action by the Planning Commission under another provision of this title.
2. 
Planning Commission. The Planning Commission shall review applications for Coastal Development Permits for all projects that do not meet one or more of the criteria listed in paragraph 1 above for a decision by the Staff Hearing Officer.
B. 
Application Requirements. Applications for Coastal Development Permits shall be accepted and processed pursuant to Chapter 30.205, Common Procedures, and the specific requirements of this chapter. In addition to any other application requirements, the application for a Coastal Development Permit shall include data or other evidence in support of the applicable findings required by Subsection 30.210.030.E, Required Findings, below.
1. 
Timing. The application for the Coastal Development Permit shall be filed with the Community Development Director prior to or concurrent with other necessary City permits or approvals for the subject development.
C. 
Public Hearing. At least one public hearing shall be held on each application requiring a Coastal Development Permit except as provided below. The public hearing shall be held concurrently with any other required public hearing or hearings before the Review Authority for any other applications regarding the proposed development.
1. 
Exception – Accessory Dwelling Units. When a proposed development only involves the addition of an accessory dwelling unit to an existing single residential unit, the application shall be reviewed by the Staff Hearing Officer without a public hearing in accordance with subdivision (j) of Government Code Section 65852.2.
a. 
Timing of Decision. 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 Subsection 30.210.030.D, Public Notice.
b. 
Comments. The Staff Hearing Officer may receive written comments regarding the application and consider such written comments during the review of the application.
c. 
Final Action. The decision of the Staff Hearing Officer concerning an application for a Coastal Development Permit pursuant to this subsection shall constitute the final action of the City.
d. 
Appeals. Approval of a Coastal Development Permit pursuant to this subsection by the Staff Hearing Officer for appealable development may be appealed to the Coastal Commission in accordance with Section 30.205.150, Appeals.
D. 
Public Notice. Public notice shall be given as specified in Chapter 30.205, Common Procedures. In addition to the recipients listed in Section 30.205.070.A, Mailed Notice, notice by First Class mail delivery shall be provided to:
1. 
Occupants on or closer than 100 feet of the affected parcel;
2. 
All persons who have requested to be on the mailing list for decisions by the City within the Coastal Zone; and
3. 
The Coastal Commission.
E. 
Required Findings. A Coastal Development Permit shall only be approved if the following findings are made:
1. 
The project is consistent with the policies of the City's certified Local Coastal Program; and
2. 
The project, if located within the appeal jurisdiction, is consistent with the public access and recreation policies of Chapter 3 of the Coastal Act of 1976 (commencing with Sections 30200 of the Public Resources Code).
F. 
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 Director 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.
The Community Development Director may issue an Emergency Permit without compliance with the procedures for the issuance of a Coastal Development Permit in cases of an emergency, as the term emergency is defined in Section 13009 of Title 14 of the California Code of Regulations.
A. 
Applicability. The procedures of this subsection apply where persons or public agencies seek a permit for emergency work pursuant to Section 30624 of the California Public Resources Code.
B. 
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.
C. 
Verification of Emergency. The Community Development Director shall verify the facts, including the existence and nature of the emergency, insofar as time allows.
D. 
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 Code of Regulations, with the extent and type of notice determined on the basis of the nature of the emergency itself.
E. 
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; and
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).
F. 
Format of Permit. The Emergency Permit shall be a written document that includes the following information:
1. 
The date of issuance;
2. 
An expiration date;
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.
G. 
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.