Chapter 35.472 — PERMIT REVIEW AND DECISIONS

This Chapter provides procedures for the review and approval, conditional approval, or denial of the planning permit applications established by this Development Code.

35.472.020 - Effective Date of Permits

A.

Effective Date of Permit.

1.

The approval of a planning permit for a project shall become effective on the eleventh day following the date of application approval by the appropriate review authority where an appeal of the review authority's action has not been filed in compliance with Chapter 35.492 (Appeals) unless otherwise indicated in the planning permit.

2.

If appealed, the planning permit shall not be deemed effective until final action by the final review authority on the appeal.

B.

Extension of effective date. The effective date shall extend to 5:00 p.m. on the following working day where the eleventh day falls on a weekend, holiday, or other day the County is not open for business.

C.

No entitlement for development. No entitlement for the use or development shall be granted before the effective date of the planning permit.

A planning permit application that is deemed approved by operation of law in compliance with Government Code Section 65956 shall be subject to all applicable provisions of this Development Code which shall be satisfied by the applicant before a Building Permit is issued or a land use not requiring a Building Permit is established.

A Conditional Use Permit, Development Plan, Design Review, Land Use Permit, Modification, Sign Certificate of Conformance, Variance or Zoning Clearance approval or other planning permit approved in compliance with this Chapter shall be deemed to run with the land through any change of ownership of the subject site, from the effective date of the permit, except in any case where a permit expires and becomes void in compliance with this Chapter or as otherwise specified in the planning permit. All applicable conditions of approval shall continue to apply after a change in property ownership.

In addition to any requirements to record a Notice to Property Owner for certain identified land uses pursuant to Chapter 35.430 (Standards for All Development and Land Uses) and Chapter 35.442 (Standards for Specific Land Uses), applicants shall record a Notice to Property Owner, Agreement, or other document, for the following matters related to real property, when a condition of approval of a planning permit or other land use entitlement requires it.

A.

Notices to Property Owners. Any notice to property owner required by this Development Code, including, but not limited to, the following, are recordable documents.

1.

Accessory structure.

2.

Agricultural employee dwelling.

3.

Building and development envelopes.

4.

Buyer beware/notification regarding availability of public water and/or sewer.

5.

Community plan requirements. A Notice to Property Owner is required when a buyer notification or Notice to Property Owner is required pursuant to a community plan.

6.

Development exclusion areas.

7.

Fencing to allow animal passage.

8.

Fuel management zones.

9.

Landscaping maintenance.

Plans (e.g., a solid waste management plan or habitat management plan) or actions (e.g., maintenance activities) that an applicant must implement, maintain, and/or take for an extended period of time (e.g., for the life of a project).

11.

Temporary dwelling unit (or temporary second unit).

12.

Watchman's trailer.

B.

Other Notices, Agreements, Covenants, and Easements. Documents to require, or notify future buyers of real property of, the following are recordable.

1.

Compliance with the parking requirements of this Development Code, including, but not limited to, provision of an offsite parking easement.

2.

Compliance with project and/or permit conditions of approval.

3.

Implementation of historic structural preservation and restoration/renovation plan or program.

4.

Implementation of Stormwater Control Plan or Stormwater Quality Management Plan.

5.

Maintenance of stormwater quality and retention measures.

6.

Prohibitions on high water use/consumption businesses.

7.

Affordable Housing Agreement and Resale Restrictive Covenant and Preemptive Right.

8.

Water well meter monitoring, provision of meter records, and measures to take in the event water quality degrades.

(Ord. No. 5203, § 11, 2-13-2024)

A.

Purpose and intent. The purpose of this Section is to provide for uses that are essential or desirable but cannot be readily classified as allowed uses in individual zones by reason of their special character, uniqueness of size or scope, or possible effect on public facilities or surrounding uses. The intent of this Section is to provide for specific consideration of these uses.

B.

Applicability. The provisions of this Section shall apply to those uses listed within this Development Code as requiring a Conditional Use Permit.

C.

Contents of application. An application for a Conditional Use Permit shall be submitted in compliance with Chapter 35.470 (Permit Application Filing and Processing).

D.

Processing.

1.

After receipt of an application for a Conditional Use Permit, the Department shall review the application in compliance with the requirements of the California Environmental Quality Act.

2.

Notice of the filing of an application shall be given in compliance with Chapter 35.496 (Noticing and Public Hearings).

3.

The Department shall refer the application for a Conditional Use Permit to the Subdivision/Development Review Committee for review and recommendation to the Montecito Commission.

4.

The application shall be subject to Design Review in compliance with Section 35.472.070 (Design Review).

5.

The Montecito Commission shall hold at least one public hearing on the requested Conditional Use Permit and approve, conditionally approve, or deny the request.

6.

Notice of the time and place of the hearing shall be given and the hearing shall be conducted in compliance with Chapter 35.496 (Noticing and Public Hearings).

7.

The action of the Montecito Commission is final subject to appeal in compliance with Chapter 35.492 (Appeals).

8.

Conditional Use Permits may be granted for a period of time and subject to conditions and limitations as may be required to protect the public health, peace, safety, and general welfare of the community. The conditions may be more restrictive than those required in the specific zones.

9.

In the case of a Conditional Use Permit application where the project is subject to Development Plan requirements, a Development Plan shall be required in addition to obtaining a Conditional Use Permit, except for the following:

a.

Commercial telecommunication facilities that are permitted by a Conditional Use Permit pursuant to Section 35.444.010 (Commercial Telecommunication Facilities) provided that any structure constructed or erected as part of the telecommunications facility shall only be used as part of the telecommunication facility and shall be removed pursuant to Subsection 35.444.010.E.4 (Project abandonment/site restoration).

E.

Findings required for approval of Conditional Use Permits other than Conditional Use Permit applications submitted in compliance with Chapter 35.438 (Sign Standards). A Conditional Use Permit application shall be approved or conditionally approved only if the Montecito Commission first makes all of the following findings, as applicable.

1.

Findings for all Conditional Use Permits:

a.

The site for the proposed project is adequate in terms of location, physical characteristics, shape, and size to accommodate the type of use and level of development proposed.

b.

Significant environmental impacts will be mitigated to the maximum extent feasible.

c.

Streets and highways are adequate and properly designed to carry the type and quantity of traffic generated by the proposed use.

d.

There will be adequate public services, including fire protection, police protection, sewage disposal, and water supply to serve the proposed project.

e.

The proposed project will not be detrimental to the comfort, convenience, general welfare, health and safety of the neighborhood and will be compatible with the surrounding area.

f.

The proposed project will comply with all applicable requirements of this Development Code and the Comprehensive Plan including the Montecito Community Plan.

g.

The proposed project will not potentially result in traffic levels higher than those anticipated for the lot by the Montecito Community Plan and its associated environmental documents; or if the project would result in higher traffic levels, the increase in traffic is not large enough to cause the affected roadways and/or intersections to exceed their designated acceptable capacity levels at buildout of the Montecito Community Plan or road improvements included as part of the project description are consistent with the provisions of the Montecito Community Plan and are adequate to fully offset the identified potential increase in traffic.

h.

The proposed project will not adversely impact recreational facilities and uses.

i.

Within Rural areas as designated on the Comprehensive Plan maps, the use will be compatible with and subordinate to the rural and scenic character of the area.

2.

Additional findings for sites zoned RMZ (Resource Management).

a.

The project will not require extensive alteration of the topography.

b.

The project will not cause erosion, sedimentation, runoff, siltation, or an identified significant adverse impact to downstream water courses or water bodies.

c.

The project will not cause any significant adverse effect on environmentally sensitive habitat areas, plant species, or biological resources.

F.

Requirements prior to commencement of conditionally permitted uses and permit expiration.

1.

For approved Conditional Use Permits issuance of a Land Use Permit in compliance with Section 35.472.110 (Land Use Permits) or a Zoning Clearance in compliance with Section 35.472.190 (Zoning Clearances) shall be required prior to the commencement of the development and/or authorized use allowed by the Conditional Use Permit.

a.

Land Use Permit required. The issuance of a Land Use Permit in compliance with Section 35.472.110 (Land Use Permits) shall be required if the approval of a Substantial Conformity Determination in compliance with Subsection 35.474.040.C (Substantial Conformity Determinations) is required as a result of changes to the project allowed by the Conditional Use Permit.

b.

Zoning Clearance required. The issuance of a Zoning Clearance in compliance with Section 35.472.190 (Zoning Clearances) shall be required if the approval of a Substantial Conformity Determination in compliance with Subsection 35.474.040.C (Substantial Conformity Determinations) is not required as a result of changes to the project allowed by the Conditional Use Permit.

2.

Time limits and extensions.

a.

Conditional Use Permits without approved phasing plans. If at the time of approval of a Conditional Use Permit the Conditional Use Permit does not include an approved phasing plan for development of the project authorized by the Conditional Use Permit, then a time limit shall be established within which the required Land Use Permit or Zoning Clearance shall be issued.

(1)

The time limit shall be a reasonable time based on the nature and size of the proposed development or use.

(2)

If a time limit is not specified, the time limit shall be 18 months from the effective date of the Conditional Use Permit.

(3).

The Montecito Commission may extend the time limit in compliance with Section 35.474.030 (Time Extensions).

(4)

If the required time limit in which to obtain the required Land Use Permit or Zoning Clearance has expired and an application for an extension has not been submitted, then the Conditional Use Permit shall be considered void and of no further effect.

b.

Conditional Use Permits with approved phasing plans. If at the time of approval of a Conditional Use Permit the Conditional Use Permit includes a phasing plan for development of the project authorized by the Conditional Use Permit, then the required Land Use Permit or Zoning Clearance shall be issued within the time limit(s) established by the phasing plan.

(1)

The time limit may be extended only by revising the phasing plan for development of the project authorized by the Conditional Use Permit in compliance with Subsection C (Substantial Conformity Determinations), Subsection D (Amendments) or Subsection E (Revisions) of Section 35.474.040 (Changes to an Approved Project).

(2)

If the required time limit(s) in which to obtain the required Land Use Permit or Zoning Clearance for the first phase of the project authorized by the Conditional Use Permit has expired and an application to revise the phasing plan has not been submitted, then the Conditional Use Permit shall be considered void and of no further effect.

(3)

If the required time limit(s) in which to obtain the required Land Use Permit or Zoning Clearance for any subsequent phase of the project authorized by the Conditional Use Permit has expired and an application to revise the phasing plan has not been submitted, then:

(a)

The Conditional Use Permit shall be considered void and of no further effect as to that phase and any subsequent phase(s) of the project.

(b)

The Conditional Use Permit is automatically revised to eliminate phases of project from the project authorized by the Conditional Use Permit that are considered void an of no further effect in compliance with Subsection 3.b.(3)(a), above.

(4)

The time limit(s) specified in the phasing plan shall require that all required Land Use Permits and Zoning Clearances shall be issued within 10 years of the effective date of the Conditional Use Permit.

(a)

This 10 year period may be extended by the Montecito Commission provided an application for a Time Extension is submitted in compliance with Section 35.474.030 (Time Extensions).

3.

Conditional Use Permit void. A Conditional Use Permit shall become void and be automatically revoked if the development and/or authorized use allowed by the Conditional Use Permit is discontinued for a period of more than 12 months. The time limit for discontinuance may be extended by the Montecito Commission in compliance with Section 35.474.030 (Time Extensions).

G.

Changes to approved permit. Changes to an approved Conditional Use Permit shall be processed in compliance with Section 35.474.040 (Changes to an Approved Project).

H.

Conditions, restrictions, and modifications.

1.

At the time the Conditional Use Permit is approved, or subsequent amendments or revisions are approved, the review authority may modify the applicable distance between structures, landscaping, parking, screening requirements, setbacks, structure coverage, structure height limit, or yard areas when the Montecito Commission finds that the modifications are justified and consistent with the Comprehensive Plan and the intent of other applicable regulations and guidelines.

2.

As a condition of approval of any Conditional Use Permit, or of any subsequent amendments or revisions, the Montecito Commission may impose any appropriate and reasonable conditions or require any redesign of the project as the review authority may deem necessary to protect the persons or property in the neighborhood, to preserve the neighborhood character, natural resources or scenic quality of the area, to preserve or enhance the public health, peace, safety and welfare, or to implement the purposes of this Development Code.

3.

The review authority may require as a condition of approval of any Conditional Use Permit, or of any subsequent amendment or revision, the preservation of trees existing on the subject property.

I.

Permit revocation. A Conditional Use Permit approval may be revoked or modified in compliance with Section 35.474.060 (Revocations).

J.

Post approval procedures. The procedures and requirements in Chapter 35.474 (Post Approval Procedures) and those related to appeals in Division 35.9 (Land Use and Development Code Administration) shall apply

following the decision on an application for a Conditional Use Permit.

(Ord. No. 5239, § 9, 2-11-2025)

A.

Purpose and intent. The purpose and intent of Design Review is to encourage development that exemplifies the best professional design practices, to benefit surrounding property values, enhance the visual quality of the environment, and prevent poor quality of design.

B.

Applicability. Design Review action shall be required for all of the following:

1.

Any new structure or sign.

2.

Any addition to a structure or sign.

3.

Any use requiring architectural approval as specifically identified by the Montecito Commission or the Board.

4.

A structure that is subject to the Ridgeline and Hillside Development Guidelines.

5.

Communication facilities in compliance with Chapter 35.444 (Telecommunications Facilities).

6.

The Montecito Board of Architectural Review shall also render its advice on exterior architecture of structures and signs to the Director, Montecito Commission or Board when requested to do so.

C.

Exceptions to Design Review requirements. Design Review approval shall not be required for the following:

1.

Accessory dwelling units.

Junior accessory dwelling units.

3.

Decks.

4.

Fences, gates or walls six feet or less and gateposts of eight feet or less in height; however, fences, gates, gateposts and walls that are integral to the structure (e.g., are connected to the structure or form a courtyard adjacent to the structure) shall be included as part of the Design Review of a new structure or a remodeling or an addition to a structure requiring Design Review in compliance with this Section.

5.

Hot tubs, spas, and swimming pools.

6.

Interior alterations.

7.

Solar panels.

8.

Other exterior alterations determined to be minor by the Director.

9.

The replacement or restoration of structures that were damaged or destroyed as a result of a debris flow or other catastrophic event resulting in a significant change in topography or alteration of drainage features (e.g., creeks, streams, waterways, etc.) located on the lot on which the damaged or destroyed structures were located; unless the exterior design or specifications of the replaced or restored structure are substantially different from the prior structure(s), as determined by the Director.

D.

Contents of application. An application for Design Review shall be submitted in compliance with Chapter 35.470 (Permit Application Filing and Processing).

E.

Processing.

1.

Applications for Preliminary and Final review by the Montecito Board of Architectural Review shall be accepted only if the application is accompanied by a development application or if the Department is processing an existing development application for the proposed project.

2.

The Montecito Board of Architectural Review shall hold as least one noticed public hearing on an application for Preliminary or Final approval and approve, conditionally approve or deny the request in compliance with Section 2-33.15 of Chapter 2, Article V of the County Code and this Section.

3.

Notice of the hearing shall be given and the hearing shall be conducted in compliance with Chapter 35.496 (Noticing and Public Hearings).

4.

The action of the Montecito Board of Architectural Review is final subject to appeal in compliance with Chapter 35.492 (Appeals).

F.

Findings required for approval.

1.

Findings required for all Design Review applications. Design Review applications shall be approved or conditionally approved only if the Montecito Board of Architectural Review first makes all of the following findings:

a.

Overall structure shapes, as well as parts of any structure (buildings, fences, screens, signs, towers, or walls) are in proportion to and in scale with other existing or permitted structures on the same site and in the area surrounding the property.

b.

Electrical and mechanical equipment will be well integrated into the total design concept.

c.

There will be harmony of color, composition, and material on all sides of a structure.

d.

There will be a limited number of materials on the exterior face of the structure.

e.

There will be a harmonious relationship with existing and proposed adjoining developments, avoiding excessive variety and monotonous repetition, but allowing similarity of style, if warranted.

f.

Site layout, orientation and location of structures and signs will be in an appropriate and well designed relationship to one another, and to the environmental qualities, open spaces, and topography of the site with consideration for public views of the hillsides and the ocean and the semi-rural character of the community as viewed from scenic view corridors as shown on Figure 37, Visual Resources Map in the Montecito Community Plan EIR (92-EIR-03).

g.

Adequate landscaping will be provided in proportion to the project and the site with due regard to preservation of specimen and landmark trees, existing vegetation, selection of plantings that are appropriate to the project and that adequate provisions have been made for the maintenance of all landscaping.

h.

Grading and development is designed to avoid visible scarring and will be in an appropriate and well designed relationship to the natural topography with regard to maintaining the natural appearance of the ridgelines and hillsides.

i.

Signs including associated lighting are well designed and will be appropriate in size and location.

j.

The proposed development will be consistent with any additional design standards expressly adopted by the Board for a specific local community, area or district in compliance with Subsection G (Local design standards) below.

G.

Local design standards. Additional design standards may be developed as part of or independent of the Montecito Community Plan. Such standards serve to provide further guidance in the review of project beyond those standards or findings contained in this Section. The following procedures shall be followed in adopting the design standards:

1.

The Montecito Board of Architectural Review shall review proposed design standards at a draft stage. The Montecito Board of Architectural Review shall provide comments on the draft design standards as to their consistency with the standards and findings provided in this Section, as well as their overall utility and effectiveness. These comments shall be incorporated into the draft design standards by the Department.

2.

The Montecito Commission shall hold a hearing to review the proposed design standards and shall transmit its action to the Board in the form of a written recommendation.

The Board shall hold a hearing to review the proposed design standards and shall approve or disapprove the proposed design standards.

a.

This hearing may be held in conjunction with an overall Community Plan adoption.

b.

The manner of adoption of the design standards (e.g., by ordinance or resolution) shall be at the discretion of the Board.

c.

Adoption of design standards shall:

(1)

Constitute a directive to the Montecito Board of Architectural Review to utilize the design standards in review of projects located in the Montecito Community Plan area; and

(2)

Not constitute a grant of any formal authority to the Montecito Board of Architectural Review not otherwise granted by appropriate legal mechanism.

H.

Appeals. The action of the Montecito Board of Architectural Review to grant or deny preliminary or final approval is final subject to appeal in compliance with Chapter 35.492 (Appeals).

I.

Expiration of Design Review approval.

1.

If development permit exists. All Design Review approvals shall expire on the date the associated development permit (e.g., Development Plan, Land Use Permit) including approved time extensions expires.

2.

If no development permit exists. Where no development permit exists, all Design Review approvals shall expire two years from the date of final approval, except the Director may grant an extension of the approval for up to a maximum of 12 months if an active planning permit application is being processed by the Department.

J.

Minor changes to Design Reviews. Minor changes to an approved project shall be in compliance with Section 35.474.040 (Changes to an Approved Project).

K.

Permit revocation. A Design Review approval may be revoked or modified in compliance with Section 35.474.060 (Revocations).

L.

Post approval procedures. The procedures and requirements in Chapter 35.474 (Post Approval Procedures) and those related to appeals in Division 35.9 (Land Use and Development Code Administration) shall apply following the decision on an application for Design Review.

A.

Purpose and intent. The purpose and intent of a Development Plan is to provide specific consideration for projects that are allowed uses within their respective zones which, because of the location, scale, or type of the development, require comprehensive review.

B.

Applicability.

1.

Final Development Plan required. Except as provided in subsection B.1.a, below, no permit shall be issued for any development, including grading, for any property subject to this Section until a Final Development Plan has been approved in compliance with this Section.

a.

Low barrier navigation centers, as mentioned in Section 35.422.030 (Resource Protection Zone Allowable Land Uses) and Section 35.442.138 (Low Barrier Navigation Centers), shall be exempt from Development Plan requirements. Notwithstanding the foregoing, the gross floor area of any existing or proposed low barrier navigation center shall be included in the gross floor area calculations for the purpose of processing a Development Plan.

2.

All portions of site to be included. No portion of any property not included within the boundaries of the Development Plan shall be entitled to any development permits.

3.

Review authority. The Montecito Commission is the review authority for all Development Plans except for the following:

a.

When the Board of Supervisors, Montecito Commission, or Director has approved the Preliminary Development Plan, the Director shall be the review authority for the Final Development unless:

(1)

The conditions of approval of the Preliminary Development Plan do not specify a review authority for the Final Development Plan other than the Director; or

(2)

The Director determines that the Final Development Plan is not in substantial conformity with the approved Preliminary Development Plan.

(a)

If the Director determines that the Final Development Plan is not in substantial conformity with the approved Preliminary Development Plan, then the review authority for the Final Development Plan shall be the Montecito Commission.

b.

The Director shall be the review authority for applications for Final Development Plans for projects that were legally permitted and developed without a Final Development Plan and are now nonconforming solely due to the absence of an approved Final Development Plan provided:

(1)

Revisions to the existing development are not proposed as part of the application for the Final Development Plan except for minor alterations to the exterior of the structure that are determined to be exempt from Design Review by the Director in compliance with Section 35.472.070 (Design Review).

(2)

If revisions to the existing development are proposed, then the application shall be processed as if it was an application for a new project and the jurisdiction shall be determined in compliance with this Subsection B.3 (Review authority).

c.

The review authority for telecommunication facilities is identified in Table 4-10 (Allowable Zones and Permit Requirements for Commercial Telecommunication Facilities) in Section 35.444.010 and Table 4-11 (Allowable Zones and Permit Requirements for Noncommercial Telecommunication Facilities) in Section 35.444.020.

C.

Contents of application. An application for a Development Plan shall be submitted in compliance with Chapter 35.470 (Permit Application Filing and Processing).

D.

Processing.

1.

An applicant may file a Preliminary and then a Final Development Plan, or just a Final Development Plan.

a.

Any application filed in compliance with this Section that is determined to be inconsistent with the use and/or density requirements of this Development Code or the Comprehensive Plan including the Montecito Community Plan shall be accompanied by an application that, if approved, would make the project consistent. The Director may refuse to accept for processing any application the Director finds to be inconsistent with the use and/or density requirements of this Development Code or the Comprehensive Plan including the Montecito Community Plan, unless accompanied by an application that would, if approved, make the project consistent.

2.

After receipt of an application for a Development Plan, the Department shall review the application in compliance with the requirements of the California Environmental Quality Act.

3.

After receipt of an application for a Development Plan, the Department shall refer the Development Plan to the Subdivision/Development Review Committee and the Montecito Board of Architectural Review for review and recommendation to the review authority. This requirement may be waived by the Director in the following situations:

a.

An application for a Final Development Plan that is submitted subsequent to the approval of a Preliminary Development Plan where there is no change from the approved Preliminary Development Plan and the project received final approval from the Montecito Board of Architectural Review; or

b.

An application for a Final Development where the Director is the review authority in compliance with Subsection B.3.b above.

4.

Development Plans under the jurisdiction of the Director. A public hearing shall not be required if the Director is the review authority for the Development Plan.

a.

Notice of the pending decision of the Director on a Development Plan shall be given at least 10 days before the date of the Director's decision in compliance with Chapter 35.496 (Noticing and Public Hearings).

b.

The Director may approve, conditionally approve, or deny the Development Plan.

c.

The action of the Director is final subject to appeal in compliance with Chapter 35.492 (Appeals).

5.

Development Plans under the jurisdiction of the Montecito Commission. A public hearing shall be required if the Montecito Commission is the review authority for the Development Plan.

a.

The Montecito Commission shall hold at least one noticed public hearing on the requested Development Plan and approve, conditionally approve, or deny the request.

b.

Notice of the hearing shall be given and the hearing shall be conducted in compliance with Chapter 35.496 (Noticing and Public Hearings).

c.

The action of the Montecito Commission is final subject to appeal in compliance with Chapter 35.492 (Appeals).

6.

If a Development Plan application is considered in conjunction with a Zoning Map Amendment application or other application requiring legislative approval, the Montecito Commission may recommend approval, conditional approval, or denial to the Board.

E.

Findings required for approval. A Development Plan application shall be approved or conditionally approved only if the review authority first makes all of the following findings, as applicable:

1.

Findings for all Preliminary or Final Development Plans.

a.

The site of the proposed project is adequate in terms of location, physical characteristics, shape, and size to accommodate the type of use and the level of development proposed.

b.

Adverse impacts will be mitigated to the maximum extent feasible.

c.

Streets and highways will be adequate and properly designed to carry the type and quantity of traffic generated by the proposed use.

d.

There will be adequate public services, including fire and police protection, sewage disposal, and water supply to serve the proposed project.

e.

The proposed project will not be detrimental to the comfort, convenience, general welfare, health and safety of the neighborhood and will not be incompatible with the surrounding area.

f.

The proposed project will comply with all applicable requirements of this Development Code and the Comprehensive Plan including the Montecito Community Plan.

g.

The proposed project will not adversely impact recreational facilities and uses.

h.

Within Rural areas as designated on the Comprehensive Plan maps, the use will be compatible with and subordinate to the rural and scenic character of the area.

i.

The project will not conflict with any easements required for public access through, or public use of a portion of the subject property.

2.

Additional finding for Final Development Plans.

a.

Substantial conformity. The plan is in substantial conformity with any previously approved Preliminary Development Plan, except when the review authority considers a Final Development Plan for which there is no previously approved Preliminary Development Plan. In this case, the review authority may consider the Final Development Plan as both a Preliminary and Final Development Plan.

(1)

If the Final Development Plan is under the jurisdiction of the Director, and the Director cannot find that the Final Development Plan is in substantial conformity with the previously approved Preliminary Development Plan, the Director shall refer the Final Development Plan to the Montecito Commission for a decision on the Final Development Plan.

3.

Additional findings required for Preliminary or Final Development Plans for sites zoned CV (Visitor Serving Commercial).

a.

For development within Rural areas as designated on the Comprehensive Plan maps, the project will not result in a need for ancillary facilities on other rural lands (e.g., residences, stores). Such facilities, if necessary, shall be provided within designated urban areas.

b.

For development surrounded by areas zoned residential, the proposed use will be compatible with the residential character of the area, and will also be compatible in terms of bulk, design, mass, and scale with the residential character of the surrounding neighborhoods.

c.

Proposed improvements to resort visitor serving hotels are designed to be consistent with the existing historic "cottage type hotel" tradition from the early days of Montecito.

4.

Additional findings required for Preliminary or Final Development Plans for sites zoned PRD (Planned Residential Development).

a.

The density and type of the proposed development will comply with the PRD zone and applicable policies of the Comprehensive Plan including the Montecito Community Plan.

b.

Adequate provisions are or will be made within the proposed covenants, conditions, and restrictions to permanently care for and maintain public and common open spaces and recreational areas and facilities.

c.

The structures are clustered to the maximum extent feasible to provide the maximum amount of contiguous open space.

5.

Additional findings required for Preliminary or Final Development Plans for sites zoned RMZ (Resource Management Zone). A Preliminary or Final Development Plan application that includes a proposed swimming pool(s) and/or a water storage tank(s) shall be approved or conditionally approved only if the review authority first makes all of the following findings:

a.

The development of the swimming pool(s) and/or water storage tank(s) will require only minimal alteration of the topography.

b.

The development of the proposed swimming pool(s) and/or water storage tank(s) will not cause erosion, sedimentation, runoff, siltation, or an identified significant adverse impact on downstream water courses or water bodies.

c.

The development of the proposed swimming pool(s) and/or water storage tank(s) will not cause any significant adverse impact on environmentally sensitive habitat areas, plant species, or biological resources.

d.

The proposed swimming pool(s) and/or water storage tank(s) will be screened from public view.

F.

Requirements prior to commencement of development authorized by a Development Plan. For approved Final Development Plans issuance of a Land Use Permit in compliance with Section 35.472.110 (Land Use Permits) or a Zoning Clearance in compliance with Section 35.472.190 (Zoning Clearances) shall be required prior to the commencement of the development and/or authorized use allowed by the Development Plan.

1.

Land Use Permit required. The issuance of a Land Use Permit in compliance with Section 35.472.110 (Land Use Permits) shall be required if the approval of a Substantial Conformity Determination in compliance with Subsection 35.474.040.C (Substantial Conformity Determinations) is required as a result of changes to the project allowed by the Final Development Plan.

2.

Zoning Clearance required. The issuance of a Zoning Clearance in compliance with Section 35.472.190 (Zoning Clearances) shall be required if the approval of a Substantial Conformity Determination in compliance with Subsection 35.474.040.C (Substantial Conformity Determinations) is not required as a result of changes to the project allowed by the Final Development Plans.

G.

Time limits and extensions.

1.

Preliminary Development Plan. Preliminary Development Plans shall expire two years after approval unless a time extension is approved in compliance with Section 35.474.030 (Time Extensions).

Final Development Plans.

a.

Final Development Plans without approved phasing plans. If at the time of approval of a Final Development Plan the Final Development Plan does not include an approved phasing plan for development of the project authorized by the Final Development Plan, then the Final Development Plan shall expire five years after approval unless substantial physical construction has been completed on the development or a time extension is approved in compliance with Section 35.474.030 (Time Extensions).

b.

Final Development Plans with approved phasing plans. If at the time of approval of a Final Development Plan the Final Development Plan includes a phasing plan for development of the project authorized by the Final Development Plan, then the required Land Use Permit or Zoning Clearance shall be issued within the time limit(s) established by the phasing plan.

(1)

The time limit may be extended only by revising the phasing plan for development of the project authorized by the Final Development Plan in compliance with Subsection C (Substantial Conformity Determinations), Subsection D (Amendments) or Subsection E (Revisions) of Section 35.474.040 (Changes to an Approved Project).

(2)

If the required time limit(s) in which to obtain the required Land Use Permit or Zoning Clearance for the first phase of the project authorized by the Final Development Plan has expired and an application to revise the phasing plan has not been submitted, then the Final Development Plan shall be considered to have expired and of no further effect.

(3)

If the required time limit(s) in which to obtain the required Land Use Permit or Zoning Clearance for any subsequent phase of the project authorized by the Final Development Plan has expired and an application to revise the phasing plan has not been submitted, then:

(a)

The Final Development Plan shall be considered to have expired and of no further effect as to that phase and any subsequent phase(s) of the project.

(b)

The Final Development Plan is automatically revised to eliminate phases of project from the project authorized by the Final Development Plan that are considered to have expired and of not further effect in compliance with Subsection 2.(b)(3)(i), above.

(4)

The time limit(s) specified in the phasing plan shall require that all required Land Use Permits and Zoning Clearances shall be issued within 10 years of the effective date of the Final Development Plan.

(a)

This 10 year period may be extended by the Montecito Commission provided an application for a Time Extension is submitted in compliance with Section 35.474.030 (Time Extensions).

(i)

The extension of the 10 year period is not subject to Subsection 35.474.030.D.2 (Development Plans (Preliminary and Final)) that limits the extension of the approval of a Development Plan to 12 months.

H.

Conditions, restrictions, and modifications.

1.

At the time the Preliminary or Final Development Plan is approved, or subsequent amendments or revisions are approved, the review authority may modify the distance between structures, landscaping, parking, screening requirements, setbacks, structure coverage, structure height limit, or yard areas specified in the applicable zone and Chapter 35.436 (Parking and Loading Standards) when the review authority finds that the modification will be justified.

2.

As a condition of approval of any Preliminary or Final Development Plan, the review authority may impose any appropriate conditions or require any redesign of the subject project as it may deem to be reasonable and necessary in order to protect the persons or property in the neighborhood, to preserve the natural resources or scenic quality of the area, to preserve the neighborhood character, to preserve or enhance the public health, peace, safety, and general welfare, or to implement the purposes of this Development Code.

3.

The review authority may require as a condition of approval of any Development Plan, the preservation of trees existing on the subject property.

I.

Post approval procedures. The procedures and requirements in Chapter 35.474 (Post Approval Procedures) and those related to appeals in Division 35.9 (Montecito Land Use and Development Code Administration) shall apply following the decision on an application for a Development Plan.

(Ord. No. 5203, § 12, 2-13-2024)

A.

Purpose and intent. The purpose of this Section is to establish procedures for the granting of Emergency Permits. The intent is to modify the customary procedures for permit processing and temporarily by-pass the permit requirements of this Development Code in the case of an emergency.

B.

Applicability. When emergency action by a person or public agency is warranted, the requirements of obtaining a planning permit otherwise required by this Development Code may be temporarily deferred by the Director, and the Director may instead grant an Emergency Permit before the customarily required planning permit.

C.

Application submittal procedures. In cases of emergency, an application for an Emergency Permit shall be made to the Director by letter or telefax, if time allows, or by telephone or in person, if time does not allow.

D.

Verification of emergency. The Director shall verify the facts, including the existence and nature of the emergency, before granting the Emergency Permit.

E.

Processing.

1.

Notice of the emergency work shall be in compliance with Chapter 35.496 (Noticing and Public Hearings). The notice is not required to precede the actual commencement of the emergency work.

2.

The Director may grant an Emergency Permit upon reasonable terms and conditions, including an expiration date, and a requirement for subsequently obtaining the planning permit(s) customarily required by this Development Code if the Director first makes all of the following findings:

a.

An emergency exists and requires action more quickly than provided for by the customary procedures for permit processing.

b.

The action proposed is consistent with the policies of the Comprehensive Plan, including the Montecito Community Plan and the requirements of this Development Code.

c.

Public comment on the proposed emergency action has been reviewed.

F.

Completion of corrective action. The corrective action will be completed within 30 days of granting the Emergency Permit unless otherwise specified by the terms of the Emergency Permit.

G.

Requirement for subsequent permits. The granting of an Emergency Permit shall not constitute an entitlement to the erection of permanent structures. An application for planning permit customarily required by this Development Code shall be made no later than 30 days following the granting of an Emergency Permit. Any materials required for a completed application shall be submitted within 90 days after the granting of the Emergency Permit, unless this time period is extended by the Director.

H.

Permits not subject to Director's authority. The Director shall not issue an Emergency Permit for any work that falls within the provisions of Public Resources Code Section 30519(b) or is in conflict with the provisions of Public Resources Code Section 30624.

I.

Reporting requirements of the Director. The following reporting requirements shall be followed:

1.

The Director shall submit a written report to the Board at its first scheduled meeting after the Emergency Permit has been granted regarding the nature of the emergency and the work involved.

2.

Copies of the report shall be available to the public at the meeting and shall be mailed to all persons who have requested notification in writing.

3.

The Director's written report shall be informational only; the decision to grant an Emergency Permit shall be at the sole discretion of the Director in compliance with this Section.

A.

Purpose and intent. This Section provides procedures and findings to allow for the granting of Hardship Determinations to allow the restoration of nonconforming uses or the reconstruction of nonconforming structures. The intent is to allow such restoration or reconstruction only when the adverse impact upon the neighborhood created by the continued existence of the nonconforming use or structure or other development would be less than the hardship which would be suffered by the owner of the nonconforming use or structure or other development should restoration or reconstruction be denied.

B.

Applicability. The provisions of this Section shall apply to all nonconforming uses and structures.

C.

Contents of application. An application for a Hardship Determination shall be submitted in compliance with Chapter 35.470 (Permit Application Filing and Processing).

D.

Processing.

1.

The Montecito Commission shall hold at least one noticed public hearing on the requested Hardship Determination and approve, conditionally approve, or deny the request.

2.

Notice of the hearing shall be given and the hearing shall be conducted in compliance with Chapter 35.496 (Noticing and Public Hearings).

3.

The Montecito Commission, in approving the Hardship Determination, may require conditions as deemed reasonable and necessary to ensure that the intent and purpose of this Development Code and the public health, peace, safety and general welfare would be promoted.

4.

The action of the Montecito Commission is final and not subject to appeal.

E.

Finding required for approval. A Hardship Determination application shall be approved or conditionally approved only if the Montecito Commission first finds that the adverse impact upon the neighborhood created by the continued existence of the nonconforming use or structure or other development would be less than the hardship which would be suffered by the owner of the nonconforming use or structure or other development should restoration or reconstruction be denied.

A.

Purpose and intent. This Section establishes procedures and findings for the approval, issuance of, and effective time periods for Land Use Permits. The intent of this Section is to ensure that development proposals are in conformity with the Comprehensive Plan including the Montecito Community Plan, this Development Code, and any conditions established by the County.

B.

Applicability. The provisions of this Section shall apply to all development and uses identified within this Development Code as requiring a Land Use Permit.

C.

Contents of application. An application for a Land Use Permit shall be submitted in compliance with Chapter 35.470 (Permit Application Filing and Processing).

D.

Processing.

1.

The Director shall review each Land Use Permit application for compliance with the Comprehensive Plan including the Montecito Community Plan, this Development Code and other applicable conditions and regulations, and approve, conditionally approve or deny the request.

a.

Each Land Use Permit shall include a specific written condition that requires all development to comply with the approved plans.

2.

The action of the Director is final subject to appeal in compliance with Chapter 35.492 (Appeals).

3.

No entitlement for development shall be granted prior to the effective date of the Land Use Permit. A Land Use Permit shall not be issued and deemed effective:

a.

Prior to the expiration of the appeal period or, if appealed, prior to final action on the appeal by the review authority in compliance with Chapter 35.492 (Appeals).

b.

Until all conditions of the Land Use Permit that are required to be satisfied prior to issuance of the Land Use Permit have been satisfied.

c.

Until all necessary prior approvals have been obtained.

d.

For applications for grading of roads and individual building pads, until the structure that will utilize the road and/or building pad has received final Design Review approval in compliance with Section 35.472.070 (Design Review).

4.

In the case of a development which requires a public hearing and final action by the Montecito Commission, or final action by the Director, the Director shall not approve any subsequently required Land Use Permit within the 10 calendar days immediately following the date that the review authority took final action, during which time an appeal of the action may be filed in compliance with Chapter 35.492 (Appeals).

5.

If a Land Use Permit is requested for property subject to a resolution of the Board initiating a Zoning Map Amendment or an Amendment to this Development Code, a Land Use Permit shall not be approved or conditionally approved while the proceedings are pending on the amendment unless the proposed uses or structures will conform to both the existing zone and existing provisions of this Development Code and the amendment initiated by the Board unless a Preliminary or Final Development Plan in compliance with Section 35.472.080 (Development Plans) was approved before the adoption of the Board's resolution and the proposed uses or structures are in conformance with the approved Preliminary or Final Development Plan.

6.

Notice of the approval or conditional approval of a Land Use Permit shall be given in compliance with Chapter 35.496 (Noticing and Public Hearings).

E.

Findings required for approval. A Land Use Permit application shall be approved or conditionally approved only if the Director first makes all of the following findings:

1.

Findings for all Land Use Permits:

a.

The proposed development conforms:

(1)

To the applicable provisions of the Comprehensive Plan including the Montecito Community Plan; and

(2)

With the applicable provisions of this Development Code or falls within the limited exception allowed in compliance with Chapter 35.491 (Nonconforming Uses, Structures, and Lots).

b.

The proposed development is located on a legally created lot.

c.

The subject property is in compliance with all laws, regulations, and rules pertaining to uses, subdivisions, setbacks, and any other applicable provisions of this Development Code, and any applicable zoning violation enforcement and processing fees have been paid. This Subsection shall not be interpreted to impose new requirements on legal nonconforming uses and structures in compliance with Chapter 35.491 (Nonconforming Uses, Structures, and Lots).

F.

Permit expiration.

1.

A Land Use Permit shall remain valid only as long as compliance with all applicable requirements of this Development Code and the permit continues.

2.

The approval or conditional approval of a Land Use Permit shall be valid for 12 months unless a time extension is approved in compliance with Section 35.474.030 (Time Extensions) except that a Land Use Permit approved or conditionally approved and unissued as of December 1, 2011 shall be valid for 12 months following December 1, 2011 unless a time extension is approved in compliance with Section 35.474.030 (Time Extensions).

3.

A Land Use Permit shall expire two years from the date of issuance if the use and/or structure for which the permit was issued has not been established or commenced in compliance with the effective permit unless a time extension is approved in compliance with Section 35.474.030 (Time Extensions).

G.

Minor changes to Land Use Permits. Minor changes to an issued Land Use Permit shall be allowed in compliance with Section 35.474.040 (Changes to an Approved Project).

H.

Permit revocation. An issued Land Use Permit may be revoked in compliance with Section 35.474.060 (Revocations).

I.

Post approval procedures. The procedures and requirements in Chapter 35.474 (Post Approval Procedures) and those related to appeals in Division 35.9 (Montecito Land Use and Development Code Administration) shall apply following the decision on an application for a Land Use Permit.

A.

Purpose and intent. The purpose and intent of this Section is to allow for minor modifications of certain zone standards where, because of integrity of design, practical difficulties, topography, tree or habitat protection, or other similar site conditions, minor adjustments to the regulations, requirements, or standards would result in better project design, land use planning, and resource protection.

B.

Applicability.

1.

Allowed for permitted uses only. The provisions of this Section shall apply to specific development proposals that are allowed in the zone in which the project is located which are not otherwise subject to Conditional Use Permit (Section 35.472.060) or Development Plan (Section 35.472.080) requirements.

2.

Activities or uses not otherwise allowed. In no case shall a Modification be granted to allow an activity which is not otherwise allowed in the zone in which the property is situated, nor shall a Modification be granted which alters the procedural or timing requirements of this Development Code.

3.

Allowed Modifications. Modifications may only be granted in conjunction with a specific development proposal and are limited to the following:

a.

Maximum setback reduction of 20 percent. The area of each front, side or rear setback area shall not be reduced by more than 20 percent of the minimum setback area required in compliance with the applicable zone regulations.

(1)

If a portion of a front, side or rear setback area that is requested to be reduced is occupied by a nonconforming structure(s) at the time of application for the Modification, then the setback area occupied by the nonconforming structure(s) shall be added to the amount of setback area requested to be reduced in determining whether the requested reduction in front, side or rear setback area would exceed 20 percent of the minimum setback area required in compliance with the applicable zone regulations.

b.

Setback reductions for structures, except unenclosed, attached entryways or porches. No setback reduction for structures, except for unenclosed, attached entryways or porches (see Subsection 3.c (Front setback reductions for unenclosed, attached entryways or porches)) below, shall result in:

(1)

Front. A front setback depth, as measured from the right-of-way or easement line of a street, of less than 16.5 feet.

(2)

Side. A side setback width from property lines of less than three feet.

(3)

Rear. A rear setback depth from property lines of less than 15 feet.

c.

Front setback reductions for unenclosed, attached entryways or porches. No front setback reduction for an unenclosed, attached entryway or porch shall result in a front setback depth, as measured from the rightof-way or easement line of a street or driveway, of less than 10 feet.

d.

Reduction of parking spaces. A reduction in the required number and/or a Modification in the design or location of parking spaces and loading zones may be allowed provided that in no case shall:

(1)

The number of required bicycle parking spaces be reduced.

(2)

The number of spaces required for an accessory dwelling unit be reduced unless such reduction in the number of spaces is allowed in compliance with Section 35.442.015 (Accessory Dwelling Units and Junior Accessory Dwelling Units).

(3)

Any parking or screening requirement for a vehicle with more than two axles, a recreational vehicle or bus, a trailer, or other non-passenger vehicle be modified.

4.

Prohibited Modifications. In no case shall a Modification be granted for a reduction in buffer, landscape, open space, or other requirements of this Development Code, except as identified above.

C.

Contents of Application.

1.

An application for a Modification shall be submitted in compliance with Chapter 35.470 (Permit Application Filing and Processing).

2.

Review Period Delay Request Form. An application for a Modification for an accessory dwelling unit or junior accessory dwelling unit shall be submitted concurrently with a Review Period Delay Request Form which shall request that the County toll the accessory dwelling unit or junior accessory dwelling unit application review period until the County has taken final action on the application for the Modification for the accessory dwelling unit or junior accessory dwelling unit.

D.

Processing.

1.

The Department shall review the application in compliance with the requirements of the California Environmental Quality Act.

2.

The project shall be subject to the provisions of Section 35.472.070 (Design Review), and shall be scheduled to be heard by the Montecito Board of Architectural Review for preliminary review and approval only, before the project is heard by the Montecito Commission.

3.

The Montecito Commission shall hold at least one noticed public hearing on the requested Modification, unless waived in compliance with Subsection D.7, below, and approve, conditionally approve, or deny the request.

4.

Notice of the hearing shall be given and the hearing shall be conducted in compliance with Chapter 35.496 (Noticing and Public Hearings).

5.

The review authority, in approving the Modification, may require conditions as deemed reasonable and necessary to promote the purpose and intent of this Development Code and the public health, safety, and general welfare.

6.

The action of the review authority is final subject to appeal in compliance with Chapter 35.492 (Appeals).

7.

Waiver of public hearing. The requirement for a public hearing may be waived by the Director in compliance with the following requirements. If the requirement for a public hearing is waived, then the Director shall be the review authority for the Modification application. A listing of Modification applications for which the public hearing may be waived shall be provided on the Montecito Commission's hearing agendas.

a.

Notice that a public hearing shall be held upon request by any person is provided to all persons who would otherwise be required to be notified of a public hearing as well as any other persons known to be interested in receiving notice in compliance with Chapter 35.496 (Noticing and Public Hearings).

(1)

The notice shall include a statement that failure by a person to request a public hearing may result in the loss of that person's ability to appeal any action taken on the Modification application.

b.

A written request for public hearing is not received by the Department within the 15 working days immediately following the date the notice is provided in compliance with Subsection D.7.a, above.

E.

Findings required for approval. An application for a Modification shall be approved or conditionally approved only if the Montecito Commission first makes all of the following findings:

1.

The project is consistent with the Comprehensive Plan, including the Montecito Community Plan.

2.

The project complies with the intent and purpose of the applicable zone including overlays and this Development Code.

3.

The Modification is minor in nature and will result in a better architectural or site design as approved by the Montecito Board of Architectural Review, and/or will result in greater resource protection than the project without the Modification.

4.

The project will be compatible with the neighborhood, and will not create an adverse impact to aesthetics, community character, or public views.

5.

Any Modification of parking or loading zone requirements will not adversely affect the demand for on-street parking in the immediate area.

6.

The project will not be detrimental to existing ambient noise levels, physical access, light, solar exposure, or ventilation on or off the subject site.

Any adverse environmental impacts will be mitigated to a level of insignificance.

F.

Expiration.

1.

Expiration in 12 months. Except as provided in Subsection F.1.a, below, a Modification shall expire 12 months from the effective date if a Land Use Permit has not been issued for the project for which the Modification was approved unless otherwise specified by conditions of project approval or unless a time extension has been approved in compliance with Section 35.474.030 (Time Extensions).

a.

Accessory dwelling units and junior accessory dwelling units. A Modification for an accessory dwelling unit or junior accessory dwelling unit shall expire 12 months from the effective date if a Building Permit has not been issued for the accessory dwelling unit or junior accessory dwelling unit unless (1) otherwise specified by conditions of project approval, or (2) a time extension has been approved in compliance with Section 35.474.030 (Time Extensions).

2.

Once granted a Land Use Permit. Once the project for which the Modification was approved has been issued a Land Use Permit in compliance with Section 35.472.110 (Land Use Permits), the Modification shall have the same expiration date as the issued Land Use Permit.

G.

Post approval procedures. The procedures and requirements in Chapter 35.474 (Post Approval Procedures) and those related to appeals and revocation in Division 35.9 (Montecito Land Use and Development Code Administration), shall apply following the decision on an application for a Modification.

A.

Purpose and intent. This Section establishes procedures and findings for the approval of Overall Sign Plans to provide a method for an applicant to integrate the design and placement of signs within a project with the overall development design to achieve a unified appearance and to ensure that signs within a multinonresidential tenant development are visually attractive and are in a harmonious relationship to one another.

B.

Applicability.

Mandatory Overall Sign Plans. An Overall Sign Plan is required for all proposed signs associated with developments with four or more nonresidential tenant spaces that will have individual signs.

2.

Optional Overall Sign Plans. Overall Sign Plans are optional for signs associated with any other type of project.

C.

Allowed modifications. The Montecito Planning Commission may allow the following sign modifications as part of the approval of an Overall Sign Plan:

1.

Freestanding signs. An increase in the height, number and size limitations on freestanding signs.

2.

Menu boards for drive-through restaurants. An increase in the area limitation of menu boards.

3.

Awning and canopy signs. An increase in the area limitation of awning and canopy signs.

4.

Projecting and shingle signs. An increase in the area limitation of projecting and shingle signs.

5.

Wall sign. An increase in the area limitation of wall signs.

D.

Contents of application. An application for an Overall Sign Plan shall be submitted in compliance with Chapter 35.470 (Permit Application Filing and Processing).

E.

Processing.

1.

An application for an Overall Sign Plan shall be submitted concurrently with an application for a Development Plan for a development with four or more nonresidential tenant spaces that will have individual signs and shall be processed in conjunction with such Development Plan application, except as provided below.

a.

An application for an Overall Sign Plan may be submitted independently if the Overall Sign Plan is for an existing development and the processing of a new or revised Development Plan is not required.

2.

Review authority.

a.

The review authority for an Overall Sign Plan submitted concurrently with an application for a Development Plan shall be the review authority for the Development Plan.

b.

The review authority for an application for an Overall Sign Plan submitted independent of a Development Plan in compliance with Subsection 1.a, above, and for projects that are not subject to Development Plan approval, shall be the Director.

3.

After receipt of an application for an Overall Sign Plan, the Department shall review the application in compliance with the requirements of the California Environmental Quality Act.

4.

The Overall Sign Plan shall be subject to Design Review in compliance with Section 35.472.070 (Design Review).

5.

Notice of filing of an application and notice of review authority action shall be given in compliance with Chapter 35.496 (Noticing and Public Hearings).

a.

In addition to mailed notice required in compliance with Chapter 35.496 (Noticing and Public Hearings) notice shall also be mailed a minimum of 10 days prior to the review authority action to all tenants within the development.

6.

The action of the review authority is final subject to appeal in compliance with Chapter 35.492 (Appeals).

F.

Findings required for approval. An Overall Sign Plan application shall be approved or conditionally approved only if the review authority first makes all of the following findings:

1.

Findings for all Overall Sign Plans.

a.

The proposed project will be compatible with the neighborhood, and will not create an adverse impact to aesthetics, community character, or public views.

b.

The proposed project will comply with all applicable requirements of this Development Code and the Comprehensive Plan, including any applicable community or area plan.

2.

Additional findings required for Overall Sign Plans that include modifications. If an Overall Sign Plan includes any modifications in compliance with Subsection C (Allowed modifications) above, then the

Overall Sign Plan application shall be approved or conditionally approved only if the Montecito Commission first makes all of the following findings, as applicable:

a.

Freestanding signs. The proposed area, height, or number of freestanding signs is architecturally harmonious in relation to the size and location of the development.

b.

Menu boards for drive-through restaurants.

i

The proposed area of the menu board is architecturally harmonious in relation to the size and location of the structure on which it will be placed.

ii

The proposed area of the menu board is architecturally harmonious in relation to the size and location of the area in which the structure is constructed.

c.

Awning and canopy signs. The proposed area of the awning or canopy sign is architecturally harmonious in relation to the size and location of the building area occupied by the enterprise proposing the sign.

d.

Projecting and shingle signs. The proposed area of the projecting or shingle sign is architecturally harmonious in relation to the size and location of the building area occupied by the enterprise proposing the sign.

e.

Wall signs.

i

The proposed area of the wall sign is architecturally harmonious in relation to the size and location of the structure on which it will be placed.

ii

The proposed area of the wall sign is architecturally harmonious in relation to the size and location of the area on which the structure is constructed.

(Ord. No. 5239, § 10, 2-11-2025)

35.472.140 - Reclamation and Surface Mining Permits

A.

Purpose and intent. This Section provides regulations for surface mining operations in compliance with the California Surface Mining and Reclamation Act of 1975 (Public Resources Code Section 2710 et seq.), hereinafter referred to as SMARA; Public Resources Code Section 2207; and California Code of Regulations, Title 14, Sections 3500 et seq., to ensure that:

1.

Adverse environmental effects to be prevented or minimized. The adverse environmental effects of surface mining operations will be prevented or minimized and that the reclamation of mined lands will provide for the beneficial, sustainable long-term productive use of the mined and reclaimed lands for alternative land uses; and

2.

Production and conservation of minerals to be encouraged. The production and conservation of minerals will be encouraged while eliminating hazards to public health and safety and avoiding or minimizing adverse effects on the environment (e.g., air pollution, damage to biological resources, degradation of scenic quality, erosion, flooding, geologic subsidence, noise pollution, and water quality degradation), while giving proper consideration to community values relating to aesthetic enjoyment, range and forage, recreation, watershed, and wildlife.

B.

Definitions. Definitions of the specialized terms and phrases used in this Section are in Division 35.10 (Glossary).

C.

Incorporation of SMARA and State Regulations. The provisions of SMARA, Public Resources Code Section 2207, and the California Code of Regulations implementing SMARA (14 California Code of Regulations, Section 3500 et seq.), as either may be amended from time to time, are made a part of this Section by reference, with the same force and effect as if these provisions were specifically and fully contained within this Section. These regulations shall hereafter be referred to in this Section as the State Regulations.

D.

Applicability. Unless exempted by the provisions of the State Act, the State Regulations, or Subsection D.1 (Exemptions) below, any person (as defined in the State Regulations) who proposes surface mining operations shall, before the commencement of any operations, obtain both a permit to mine and approval of a Reclamation Plan in compliance with this Section.

1.

Exemptions. This Section and its permit and Reclamation Plan requirements in Subsection E (Permit and Reclamation Plan requirements) below, do not apply to the following activities:

a.

Excavations or grading conducted for farming or onsite construction or for the purpose of restoring land following a flood or natural disaster. (SMARA Section 2714(a))

b.

Prospecting for, or the extraction of, minerals for commercial purposes and the removal of overburden in a total amount of less than 1,000 cubic yards in one or more locations or lots under the control of one operator that do not exceed a total of one acre. A Land Use Permit in compliance with Section 35.472.110 (Land Use Permits) and Grading Permit in compliance with Section 14.6 of County Code Chapter 14, the Grading Ordinance, may be required for excavations or extractions of more than 50 cubic yards.

c.

Surface mining operations that are required by federal law in order to protect a mining claim, if the operations are conducted solely for that purpose. (SMARA Section 2714(e))

d.

Onsite excavation and onsite earthmoving activities that are an integral and necessary part of a construction project that are undertaken to prepare a site for construction of structures, landscaping, or other land improvements, including the related excavation, grading, compaction, or the creation of fills, road cuts, and embankments, whether or not surplus materials are exported from the site, subject to the conditions in SMARA Section 2714(b).

e.

Other surface mining operations which the State Mining and Geology Board determines to be of an infrequent nature and which involve only minor surface disturbances. (SMARA Section 2714(f))

2.

Vested rights. A person shall be deemed to have vested rights if, prior to January 1, 1976, the person has, in good faith and in reliance upon a permit or other authorization, if the permit or other authorization was required, diligently commenced surface mining operations and incurred substantial liabilities for work and materials therefore. (SMARA Section 2776).

3.

Earthwork. Reclamation activities shall be consistent with the applicable provisions of the Grading Ordinance (County Code Chapter 14) and with other established engineering and geologic standards.

4.

Authority of Building Official to prevent engineering hazards. The approval of a Conditional Use Permit or Reclamation Plan shall not prevent the Building Official from thereafter requiring the correction of errors in the permit or Reclamation Plan for earthwork specification, or from preventing surface mining operations or reclamation efforts being carried out in compliance with a permit or Reclamation Plan, where the Building Official has determined that a significant engineering hazard threatening public health and safety, or substantial physical damage to off-site property or lands outside of the approved boundary of the mining operation is likely to occur, or has occurred, as a result of surface mining operations or reclamation efforts.

a.

Curtailment order. The Building Official may order that correction of earthwork specifications and/or curtailment of activities is required to protect the public health and safety, or to prevent or minimize substantial physical damage to off-site property or lands outside of the approved boundary of the mining operations.

b.

Notice and hearing. Before issuing any correction or curtailment order, the Building Official shall establish a time for hearing and shall give written notice of the time and place of the hearing and the engineering hazard to be abated.

(1)

The notice shall be given to the operator 10 days before the hearing at which time there will be an opportunity for all concerned parties to present evidence. The notice may be served in person or by certified mail.

(2)

The notice shall include procedures for appeal of the determination by the Building Official to the Montecito Commission and, thereafter, to the Board in compliance with Chapter 35.492 (Appeals).

(3)

At the same time that notice of the order is conveyed, the Building Official shall establish a date, time, and place for a publicly noticed hearing and review of the order as soon as possible, which date shall be no later than 48 hours after the order is issued or served.

(4)

The hearing shall be conducted in the same manner as a hearing on prior notice.

(5)

After the hearing, the Building Official may modify, revoke, or retain the emergency curtailment order.

c.

Curtailment order without notice or hearing. In the event the Building Official determines there is an imminent danger to the public health and safety resulting from an alleged engineering hazard, the Building Official may summarily order the necessary curtailment of activities without prior notice and hearing and the order shall be obeyed upon notice of same, whether written or oral.

d.

Appeal and effect of appeal. An affected person may appeal an order of the Building Official to the Montecito Commission in compliance with Chapter 35.492 (Appeals), within 10 calendar days of the date that notice of the order is given.

(1)

If there is an appeal, the order of the Building Official shall remain in full force and effect until action is taken by the Montecito Commission or, upon appeal, the Board.

(2)

The decision of the Montecito Commission, or Board on an appeal, shall constitute a final action by the County.

(3)

The decision shall not preclude a surface mining operator from seeking judicial relief.

(4)

If an appeal is not filed, the Building Official's order becomes final.

E.

Permit and Reclamation Plan requirements. The following requirements apply to all surface mining operations in all zones.

1.

Conditional Use Permit and Reclamation Plan required prior to commencement of surface mining operations. County approval of a Conditional Use Permit in compliance with Section 35.472.060 (Conditional Use Permits), a Reclamation Plan prepared in compliance with SMARA and this Section, and a lead agency approved financial assurance shall be required prior to the commencement of any surface mining operations, unless the operations are exempted by the provisions of SMARA, the State regulations, or Subsection D.1 (Exemptions) above.

2.

Zoning Clearance required prior to commencement of development authorized by a Conditional Use Permit and Reclamation Plan. A Zoning Clearance shall be issued in compliance with Section 35.472.190 (Zoning Clearances) prior to the initiation of mining and reclamation activities approved in compliance with a Conditional Use Permit and Reclamation Plan. A separate Zoning Clearance issued in compliance with Section 35.472.190 (Zoning Clearances) shall be issued prior to implementation of a Reclamation Plan.

F.

Application requirements. An application for a Conditional Use Permit and Reclamation Plan shall include:

1.

The application forms provided by the Department and each of the informational items listed on the Conditional Use Permit and Reclamation Plan application forms;

2.

Documentation of how the mining operation authorized under the proposed Conditional Use Permit would be in compliance with the minimum acceptable surface mining practices specified in California Code of Regulations, Title 14, Section 3503; and

3.

A proposed Reclamation Plan that includes all of the information required by SMARA Section 2772(c) and California Code of Regulations, Title 14, Section 3502, documentation of how the proposed plan satisfies the reclamation standards specified in California Code of Regulations, Title 14, Sections 3700 - 3713, and a grading plan that illustrates the existing (pre-mining) topography, the topography at the end of any designated phase of mining and reclamation, and the topography of the final reclaimed surface to remain after the cessation of mining activities.

The Conditional Use Permit application and the proposed Reclamation Plan shall be submitted concurrently but compiled and presented as two separate documents. The number of copies of the Conditional Use Permit and Reclamation Plan applications to be submitted shall be determined by the Department.

G.

Processing.

1.

Agency notification.

a.

Department of Conservation. Within 30 days of receipt of an application for a Conditional Use Permit for surface mining operations or substantial amendment, and/or a Reclamation Plan, the County shall notify the Director of the California Department of Conservation (DOC Director) of the filing of the applications. (SMARA Section 2774(e))

b.

Department of Transportation. Whenever mining operations are proposed in the 100-year flood plain of any stream, as shown in Zone A of the Flood Insurance Rate Maps issued by the Federal Emergency Management Agency, and within one mile, upstream or downstream, of any State highway bridge, the Department shall also notify the State Department of Transportation that the application has been received. (SMARA Section 2770.5)

c.

County Departments. The Department shall provide a copy of the applications to each County department represented on the Subdivision/Development Review Committee for review and recommendation to the Montecito Commission.

2.

Environmental review. Upon a determination by the County that the applications are complete, the applications for Conditional Use Permit and Reclamation Plan approval shall be reviewed in compliance with the California Environmental Quality Act.

3.

Public hearings.

a.

Conditional Use Permits.

(1)

The Montecito Commission shall consider the Conditional Use Permit at a noticed public hearing and shall approve, conditionally approve, or deny the request.

(2)

Notice of the time and place of the hearing shall be given and the hearing shall be conducted in compliance with Chapter 35.496 (Noticing and Public Hearings).

(3)

The action of the Montecito Commission is final subject to appeal in compliance with Chapter 35.492 (Appeals).

b.

Reclamation Plan and financial assurances.

(1)

Prior to taking final action on the Reclamation Plan, the Montecito Commission shall first conceptually approve the Reclamation Plan, financial assurances, and any amendments thereto, at a noticed public

hearing before submitting them to the Director of the Department of Conservation for review.

(2)

The Montecito Commission shall then submit the Reclamation Plan, financial assurances, or amendments to the Director of the Department of Conservation for review, together with its certification that the documents and their content comply with all applicable State Regulations. (SMARA Section 2774(c))

(3)

The Director of the Department of Conservation shall have 30 days from the date of receipt of the conceptually approved Reclamation Plan or plan amendments, and 45 days from the date of receipt of financial assurances, to prepare written comments, if the Director so chooses. (SMARA Section 2774(d))

(4)

The Montecito Commission shall consider all comments from the Director of the Department of Conservation that are submitted within the statutory comment period at a noticed public hearing and shall take final action to approve, conditionally approve or deny the Reclamation Plan and financial assurances.

(5)

The Montecito Commission shall incorporate the comments and recommendations of the Director of the Department of Conservation into the Reclamation Plan as part of plan approval or shall adopt detailed written responses that explain why specific comments or recommendations were not accepted. (SMARA, Section 2774(d))

(6)

Copies of any written comments received and responses prepared by the Montecito Commission shall be promptly forwarded to the surface mining operator.

(7)

Notice of the time and place of the hearing shall be given and the hearing shall be conducted in compliance with Chapter 35.496 (Noticing and Public Hearings).

(8)

The final action of the Montecito Commission is final subject to appeal in compliance with Chapter 35.492 (Appeals).

(9)

A decision of the Board on a Reclamation Plan may be appealed to the State Mining and Geology Board in compliance with Public Resources Code Section 2770, and the California Code of Regulations, Title 14, Section 3650.

State notification of County approval. The Department shall forward a copy of each approved Conditional Use Permit for mining operations and/or approved Reclamation Plan to the Director of the Department of Conservation.

5.

State review of financial assurances. The Department shall also forward a copy of the approved financial assurances to the Director of the Department of Conservation for review. Refer to Subsection J.2 (Requirements, forms and amount) below.

H.

Performance standards.

1.

Surface mining operations.

a.

Compliance with State regulations required. All surface mining operations for which a new or revised Conditional Use Permit is required shall comply with the requirements contained in SMARA and implementing State Regulations.

b.

Compliance with County standards required. The following standards shall apply in addition to the State regulations as determined by the Montecito Commission to be appropriate to surface mining operations that are subject to a new or substantially revised Conditional Use Permit.

(1)

Appearance. Mining operations shall be conducted in a neat and orderly manner, free from junk, trash, or unnecessary debris. Where in public view, salvageable equipment stored in a non-operating condition shall be suitably screened or stored in an enclosed structure.

(2)

Noise and vibration. Noise and ground vibration shall be controlled so as to minimize any disturbance of neighbors. The volume of sound measured outside during calm air conditions, generated by any use on the subject property shall not exceed 65 dB(A) LDN as measured at the location of the nearest noise sensitive use (as defined in the County Noise Element) beyond the property line of the mining operation.

(3)

Traffic safety.

(a)

Parking shall be provided in compliance with Chapter 35.436 (Parking and Loading Standards). Adequate provision shall be made for the queuing and loading of trucks.

(b)

Haul roads shall be located away from property lines where possible, except where adjoining property is part of the mining operation. Where processing facilities are not located on the same site as the mining operation, off-site haul routes shall be specified in the mining permit. The haul routes as well as other transport routes from the processing facilities to market destinations shall avoid, to the maximum extent feasible, routing through residential neighborhoods.

(c)

The number and location of access points to the mining operation shall be specified in the mining permit.

(4)

Dust control. During hours of operations, all access roads shall be contained, protected, or wetted in a manner designed to minimize the generation of dust.

(5)

Public health and safety.

(a)

Appropriate measures, including fencing, shall be provided where determined by the Montecito Commission to be necessary for public safety.

(b)

Excavations shall be posted to give reasonable public notice, where determined by the Montecito Commission to be necessary for public safety.

(c)

A body of water created during operations within the excavation shall be maintained in a manner designed to provide for maximum mosquito control and to prevent the creation of health hazards or a public nuisance.

(d)

Any generation of offensive fumes or odors, glare, heat, noxious gases or liquids, or radiation and all other activities shall be conducted in a manner that will not be injurious to the health, safety, or general welfare of persons residing or working in the neighborhood by reason of danger to life or property.

(6)

Screening. To the maximum extent feasible, screening or other aesthetic treatments (e.g., berms, fences, plantings of suitable shrubs and/or trees) shall be required, where necessary, to minimize visibility from

public view of cut slopes or mining operations, structures, and equipment. Mining operations that are visible from a scenic highway designated in the Comprehensive Plan, as well as from a route classified as having highest scenic values in the Open Space Element, shall be screened or other appropriate and effective aesthetic treatments shall be used to minimize impacts on scenic resources.

(7)

Protection of streams and groundwater basins. All surface mining operations shall incorporate measures to protect surface and groundwater quality as determined necessary and required by law by relevant county, sate, and federal agencies.

(8)

Slope Stability. All excavation or placement of fill associated with mining operations shall be conducted in a manner that avoids landslides or other slope instabilities.

(9)

Annual report. Each surface mining operator shall forward an annual status report to the Director of the Department of Conservation and the Department on a date established by the Director of the Department of Conservation upon forms furnished by the State Mining and Geology Board. (Public Resources Code Section 2207, Subdivisions (a) through (g))

2.

Reclamation Plans.

a.

Compliance with State standards required. Each new or substantially amended Reclamation Plan shall comply with the minimum statewide performance standards required by SMARA Section 2773(b), and identified in California Code of Regulations Title 14, Section 3700 et seq., regarding:

(1)

Backfilling, recontouring;

(2)

Regrading, revegetation, and slope stability;

(3)

Closure of surface openings; diversion structures, drainage, erosion control, and waterways;

(4)

Prime agricultural land reclamation, other agricultural land, equipment, and structure removal;

(5)

Stream protection, including groundwater and surface;

(6)

Tailing and mine waste management;

(7)

Topsoil maintenance, redistribution, and salvage; and

(8)

Wildlife habitat.

b.

Compliance with County standards required. The following standards shall apply in addition to the State standards, as determined by the Montecito Commission to be appropriate to surface mining operations that are subject to new or substantially amended Reclamation Plans.

(1)

Revegetation. All revegetation and/or re-establishment shall comply with an approved landscaping plan, in compliance with Chapter 35.434 (Landscaping Standards).

(2)

Visual resources. The Reclamation Plan shall, to the maximum extent feasible, provide for the protection and reclamation of the visual resources of the area affected by the mining operation. Measures may include re-soiling, re-contouring of the land to be compatible with the surrounding natural topography, and revegetation and the end uses specified by the landowner. Where the mining operation requires the cutting, leveling, removal, or other alteration of ridgelines on slopes of 20 percent or more, the Reclamation Plan shall ensure that the mined areas are found compatible with the surrounding natural topography and other resources of the site.

(3)

Grading regulations. Each Reclamation Plan shall comply with applicable provisions of the Grading Ordinance (County Code Chapter 14).

(4)

Phasing of reclamation. See also Subsection K (Inspections) below.

(a)

A Reclamation Plan shall include a description of and plan for the type of surface mining to be employed and an estimated time schedule that will provide for the completion of surface mining on each segment of the mined lands so that reclamation can be initiated at the earliest possible time on those portions of the

mined lands that will not be subject to further disturbance by the surface mining operation. (SMARA, Section 2772(f))

(b)

Where appropriate, interim management may also be required for mined lands that have been disturbed and will be disturbed again in future operations and yet do not qualify as "idle" within the meaning of SMARA, Section 2727.1.

(c)

The interim management is for the purpose of minimizing adverse environmental impacts during extended periods of inactivity before resumption of mining and ultimate reclamation.

(d)

Reclamation may be done on an annual basis, or in stages compatible with continuing operations, or on completion of all excavation, fill, or removal as approved by the Montecito Commission.

(e)

Each phase of reclamation shall be specifically described in the Reclamation Plan and shall include the estimated beginning and ending dates for each phase, all reclamation activities required, criteria for measuring completion of specific reclamation activities, and estimated costs in compliance with Subsection J (Financial assurances for Reclamation Plans) below.

(f)

The reclamation schedule shall be subject to Montecito Commission approval.

I.

Findings for approval.

1.

Surface mining operations. In addition to the findings required for the approval of a Conditional Use Permit by Section 35.472.060 (Conditional Use Permits), a Conditional Use Permit application for surface mining operations shall be approved or conditionally approved only if the Montecito Commission also first finds that the project complies with Subsection H.1 (Surface mining operations) above.

2.

Reclamation Plans. An application for a Reclamation Plan shall be approved or conditionally approved only if the Montecito Commission first makes all of the following findings:

a.

The Reclamation Plan complies with applicable requirements of SMARA and associated State Regulations with applicable provisions of the County's Grading Ordinance (County Code Chapter 14), and with other

appropriate engineering and geologic standards.

b.

The Reclamation Plan and the potential use of reclaimed land in compliance with the plan are consistent with the provisions of this Development Code and the Comprehensive Plan.

c.

In approving or conditionally approving the Reclamation Plan, the required findings in compliance with the California Environmental Quality Act can be made.

d.

The land and/or resources (e.g., water bodies to be reclaimed) will be reclaimed to a condition that is compatible with the surrounding natural environment, topography, and other resources.

e.

The Reclamation Plan will reclaim the mined lands to a usable condition which is readily adaptable for alternative land uses specified by the landowner and consistent with this Development Code and the Comprehensive Plan.

f.

A written response to the Director of the Department of Conservation has been prepared, describing the disposition of the major issues raised by the Director of the Department of Conservation. Where the Montecito Commission does not agree with the recommendations and objections raised by the Director of the Department of Conservation, the response shall address, in detail, why specific comments and suggestions were not accepted. (SMARA Section 2774(d))

J.

Financial assurances for Reclamation Plans.

1.

Purpose. This Section is intended to ensure that reclamation will proceed in compliance with an the approved Reclamation Plan, as it may be amended, through the maintenance of funds available to the County and the State that are adequate to reclaim the site in the event of a default by the operator.

2.

Requirements, forms, and amount.

a.

The operator shall post a financial assurance instrument or mechanism in a form authorized under California Code of Regulations Title 14, Section 3800 et seq. of the State Mining and Geology Board reclamation regulations.

b.

Financial assurances shall be made payable to the County and the Department of Conservation. (SMARA, Section 2773.1(a)(4))

c.

The amount of the financial assurance to be posted with the County shall be equivalent to the estimated cost of reclamation of the site from its current condition in a manner consistent with the approved Reclamation Plan, plus an amount to ensure reclamation of the additional ground disturbance anticipated to occur in the following year. The financial assurance shall be based on a cost estimate prepared using the Financial Assurance Guidelines adopted by the State Mining and Geology Board. All financial assurances shall be approved by the County and the Department of Conservation

d.

The financial assurance amount shall be based on an estimate of "third-party" costs to reclaim the mined lands. These costs shall include direct costs for onsite reclamation activities, such as revegetation, grading, and equipment removal, and indirect costs, such as supervision, mobilization, profit and overhead, contingencies, and lead agency monitoring. The operator shall submit a reclamation cost estimate using the State Financial Assurance Guidelines or similar instrument, for review and approval by the County and the Department of Conservation prior to posting of a new or revised Financial Assurance.

K.

Inspections. Each Surface Mining Permit and Reclamation Plan shall provide for periodic compliance inspections as follows.

1.

The Department or other designated County agency shall conduct an inspection of a surface mining operation within 180 days of receipt of the annual report required in Subsection H (Performance standards) above, filed by the mining operator in compliance with Public Resources Code Section 2207, solely to determine whether the surface mining operation is in compliance with the approved Conditional Use Permit and/or Reclamation Plan, and the State Regulations. (SMARA, Section 2774(b))

2.

In no event shall less than one inspection be conducted within any single calendar year.

3.

The inspection may be made by a state-registered civil engineer, state-registered forester, state-registered geologist, state-licensed landscape architect, or other qualified specialist, as approved by the County.

4.

All inspections shall be conducted using a form approved by the Department of Conservation or the State Mining and Geology Board.

5.

The County shall notify the Director of the Department of Conservation within 30 days of completion of the inspection that the inspection has been conducted and shall forward a copy of the inspection report and any supporting documentation to the Director of the Department of Conservation and mining operator.

6.

The operator shall be solely responsible for the reasonable cost of the inspection by the County and its designees.

L.

Interim management plan requirements.

1.

Timing, content, processing. Within 90 days of a surface mining operation becoming idle, the operator shall file an interim management plan with the Department. (SMARA, Section 2770(h))

a.

The interim management plan shall comply with all applicable requirements of SMARA, Section 2770(h) and shall provide measures the operator will implement to maintain the site in compliance with SMARA, including all conditions of the Conditional Use Permit and/or Reclamation Plan.

b.

The interim management plan shall be processed as an amendment to the Reclamation Plan and shall not be considered a project for the purposes of environmental review in compliance with the California Environmental Quality Act. (SMARA, Section 2770(h))

c.

The idle mine shall comply with the financial assurance requirements for reclamation specified in SMARA, Section 2773.1.

2.

Director review and decision. The Director shall be the review authority for an amendment to the Reclamation Plan required to incorporate an interim management plan associated with mining operations.

a.

Within 60 days of receipt of the interim management plan, or longer period mutually agreed upon by the Department and the operator, the Director shall review, and approve or deny the plan in compliance with Subsection G (Processing), above, except that a public hearing is not required.

(1)

The operator shall have 30 days, or a longer period mutually agreed upon by the operator and the Department, to submit a revised plan.

(2)

The Director shall approve or deny the revised interim management plan within 60 days of receipt of the plan.

(3)

An action of the Director to deny the revised interim management plan is final subject to appeal in compliance with Chapter 35.492 (Appeals).

3.

Time limit, extension. The interim management plan shall remain in effect for a period not to exceed five years, at which time the Director shall do one of the following:

a.

Renew the interim management plan for an additional period not to exceed five years, which may be renewed for additional five-year periods at the expiration of each five year period, if the Director finds that the surface mining operator has complied fully with the interim management plan.

b.

Require the surface mining operator to commence reclamation in compliance with the approved Reclamation Plan. (SMARA Section 2770(h)(2))

c.

An action of the Director to either renew the interim management plan or require the commencement of reclamation is final subject to appeal in compliance with Chapter 35.492 (Appeals).

M.

Time limit for commencement of surface mining operation. The time limit for commencing a surface mining operation that is allowed in compliance with this Section shall be the same as the time limit of the Conditional Use Permit required in compliance with Subsection E (Permit and Reclamation Plan requirements) above.

N.

Violations and penalties.

1.

Failure to comply with approved Reclamation Plan. If the County, based upon an annual inspection or otherwise confirmed by an inspection of the mining site, determines that a surface mining operation is not

in compliance with its approved Reclamation Plan, the County shall follow the procedures in SMARA Sections 2774.1 and 2774.2 concerning violations and penalties.

2.

Failure to comply with Conditional Use Permit. If the County, based upon an annual inspection or otherwise confirmed by an inspection of the mining site, determines that a surface mining operation is not in compliance with its Conditional Use Permit, the County shall follow the procedures for permit revocation and other enforcement actions specified in Section 35.474.060 (Revocations) and Chapter 35.498 (Enforcement and Penalties).

O.

Fees. The Board Fee Schedule shall include fees as reasonable and necessary to cover the costs of implementing this Section and the State Regulations, including application processing, preparation of annual reports, compliance inspections, and enforcement.

P.

Post approval procedures. The procedures and requirements in Chapter 35.474 (Post Approval Procedures), and those related to appeals in Division 35.9 (Montecito Land Use and Development Code Administration), shall apply following the decision on an application for a Reclamation and Surface Mining Permit.

35.472.150 - Sign Certificates of Conformance

A.

Purpose and intent. This Section establishes procedures and findings for the approval of Sign Certificates of Conformance that are required in compliance with Chapter 35.438 (Sign Standards). The intent of this Section is to ensure that proposed signage is visually attractive and complies with the goals of the County.

B.

Applicability. Before erecting, applying, installing, affixing, altering, relocating or projecting as an image any signage, a Sign Certificate of Conformance shall be issued unless identified as exempt from permit requirements by Chapter 35.438 (Sign Standards).

C.

Contents of application. An application for a Sign Certificate of Compliance shall be submitted in compliance with Chapter 35.470 (Permit Application Filing and Processing).

D.

Processing.

Review for compliance. The Director shall review the Sign Certificate of Conformance application for compliance with the Comprehensive Plan including the Montecito Community Plan, this Development Code, applicable Overall Sign Plan, and other applicable conditions and regulations, and shall approve, conditionally approve, or deny the request. A Sign Certificate of Conformance shall not be issued by the Director until all necessary prior approvals (e.g., Design Review, Overall Sign Plan) have first been obtained.

2.

Decision not subject to appeal. The action of the Director to issue, conditionally issue, or deny a Sign Certificate of Conformance is final and not subject to appeal.

E.

Permit expiration. A Sign Certificate of Conformance shall remain valid only as long as compliance with all applicable requirements of this Development Code and the permit continues.

(Ord. No. 5239, § 11, 2-11-2025)

Editor's note— Ord. No. 5239, § 12, adopted February 11, 2025, repealed the former Section 35.472.160 in its entirety, which pertained to sign modifications and derived from original codification.

A.

Purpose and intent. The purpose of this Section is to provide procedures for evaluating proposed land uses that are not specifically enumerated in a zone but may be allowed if they are found to be similar in character to uses that are already enumerated as permitted uses within that zone. The intent of this Section is to provide specific consideration of such uses. Within this section "permitted uses" shall mean those uses within Tables 2-1, 2-4, 2-8, and 2-10 contained within Division 35.2 (Montecito Zones and Allowable Land Uses) in which the "Permit Requirement" is denoted with a "P".

B.

Applicability. The provisions of this Section shall only apply to zones identified in Subsection 35.420.030.A.3 (Similar and compatible use may be allowed).

C.

Contents of application. An application for a Use Determination shall be submitted in compliance with Chapter 35.470 (Permit Application Filing and Processing).

D.

Processing.

After receipt of an application for a Use Determination, the Department shall review the application in compliance with the requirements of the California Environmental Quality Act.

2.

The Montecito Commission shall hold at least one noticed public hearing on the requested Use Determination and approve, conditionally approve, or deny the request.

3.

Notice of the time and place of the hearing shall be given and the hearing shall be conducted in compliance with Chapter 35.496 (Noticing and Public Hearings).

4.

The action of the Montecito Commission is final subject to appeal in compliance with Chapter 35.492 (Appeals).

E.

Findings required for approval of Use Determinations. A Use Determination application shall be approved only if the Montecito Commission first makes all of the following findings, as applicable:

1.

Neighborhood Commercial (CN)

a.

The proposed use is similar in character to those listed as permitted uses in the CN zone.

b.

The proposed use is not more injurious to the health, safety or welfare of the neighborhood than those listed as permitted uses in the CN zone because of noise, odor, dust, smoke, vibration, traffic congestion, danger to life, property or other similar causes.

2.

Public Utilities (PU) zone. The proposed use is similar in character to those listed as permitted uses in the PU zone.

3.

Recreation (REC) zone. The proposed use is similar in character to those listed as permitted uses in the REC zone, not including fairgrounds, amusement parks or large indoor recreational complexes.

F.

Applicable standards and permit requirements. When the Montecito Commission determines that a proposed, but unlisted, use is similar to a listed permitted use, the proposed use will be treated in the same

manner as the listed use in determining where it is allowed, what permits are required and what other standards and requirements of this Development Code apply.

A.

Purpose and intent. The purpose and intent of this Section is to allow variances from the strict application of the provisions of this Development Code where, because of exceptional conditions (e.g., the location, shape, size, surroundings, or topography, or other extraordinary situation or condition of the subject property), the literal enforcement of this Development Code would impose practical difficulties or would cause undue hardship unnecessary to carry out the intent and purpose of this Development Code.

B.

Applicability.

1.

The provisions of this Section shall apply to all zones.

2.

In no case shall a Variance be granted:

a.

To allow a use or activity which is not otherwise allowed in the zone in which the property is located; or

b.

From the procedures identified in this Development Code.

C.

Contents of application. An application for a Variance shall be submitted in compliance with Chapter 35.470 (Permit Application Filing and Processing).

D.

Processing.

1.

An application filed in compliance with this Section that is determined by the Director to be inconsistent with the use and/or density requirements of this Development Code or the Comprehensive Plan shall be accompanied by an application to make the project consistent.

2.

The Montecito Commission shall hold at least one noticed public hearing on the requested Variance and approve, conditionally approve, or deny the request.

3.

Notice of the time and place of the hearing shall be given and the hearing shall be conducted in compliance with Chapter 35.496 (Noticing and Public Hearings).

4.

The Montecito Commission, in approving the Variance, may require conditions as deemed reasonable and necessary to promote the purpose and intent of this Development Code and the public health, safety and welfare.

5.

The action of the Montecito Commission is final subject to appeal in compliance with Chapter 35.492 (Appeals).

6.

Prior to the issuance of any planning permit required to effectuate the approved Variance, the applicant shall agree in writing to comply with all conditions imposed by the review authority in the granting of the Variance.

E.

Findings required for approval. A Variance application shall be approved or conditionally approved only if the Montecito Commission first makes all of the following findings:

1.

Due to special circumstances applicable to the subject property, including location, shape, size, surroundings, or topography, the strict application of this Development Code deprives the subject property of privileges enjoyed by other property in the vicinity and under identical zone classification.

2.

The granting of the Variance will not constitute a grant of special privileges inconsistent with the limitations upon other property in the vicinity and zone in which the property is situated.

3.

The granting of the Variance will not be in conflict with the purpose and intent of this Development Code or the Comprehensive Plan, including the Montecito Community Plan.

4.

The project meets all of the applicable development standards included within the Montecito Community Plan.

The project will not adversely impact recreational facilities and uses.

F.

Post approval procedures. The procedures and requirements in Chapter 35.474 (Post Approval Procedures), and those related to appeals and revocation in Division 35.9 (Montecito Land Use and Development Code Administration), shall apply following the decision on an application for a Variance.

A.

Purpose and intent. This Section provides procedures and findings to allow for the approval of, and effective time periods for, Zoning Clearances which may be required in compliance with Subsection B (Applicability) below. The intent of this Section is to ensure that development conforms to the provisions of the Comprehensive Plan including the Montecito Community Plan, this Development Code, and any conditions or development standards established by the County.

B.

Applicability.

1.

Zoning Clearance required. A Zoning Clearance shall be issued by the Director where a Zoning Clearance is required in compliance with this Development Code, unless other requirements of this Development Code specify that the Zoning Clearance is not required or the activity is exempt from the approval of a planning permit in compliance with Section 35.420.040 (Exemptions from Planning Permit Requirements).

2.

Zoning Clearance approval. The issuance of a Zoning Clearance certifies that the land use or development will satisfy all applicable provisions of this Development Code, including the conditions of approval of any existing approved permits for the subject property, including applicable discretionary projects (e.g., Conditional Use Permit, Final Maps, Development Plans, Parcel Maps). In cases where a construction permit is required by Chapter 10 of the County Code, the Zoning Clearance is processed and issued as part of the construction permit application and approval process. Issuance of a Zoning Clearance may also enable the establishment of a land use or structure that does not require a construction permit but is still subject to the standards of this Development Code.

C.

Contents of application. An application for a Zoning Clearance shall be submitted in compliance with Chapter 35.470 (Permit Application Filing and Processing).

D.

Processing.

1.

Review for compliance. The Director shall review the Zoning Clearance application for compliance with the Comprehensive Plan including the Montecito Community Plan, this Development Code, and other applicable conditions or regulations, including any discretionary approvals applicable to the site and issue, conditionally issue or deny the request. A Zoning Clearance shall not be issued by the Director until:

a.

All necessary prior approvals have been obtained;

b.

The Director has determined that the subject property is in compliance with all laws, regulations, and rules pertaining to zoning uses, subdivisions, setbacks, and any other applicable provisions of this Development Code, and if applicable, zoning violation enforcement and processing fees, as established from time to time by the Board, have been paid. This Subsection shall not be interpreted to impose new requirements on legal nonconforming uses and structures in compliance with Chapter 35.491 (Nonconforming Uses, Structures, and Lots).

2.

Decision not subject to appeal. The action of the Director to issue, conditionally issue or deny a Zoning Clearance, approve or deny a time extension to an issued Zoning Clearance, or approve or deny a minor change to an issued Zoning Clearance is final and not subject to appeal.

3.

Design Review required. A Zoning Clearance for any structure that requires Design Review shall not be issued until the structure receives final Design Review approval in compliance with Section 35.472.070 (Design Review).

4.

Development Plan required. The approval of a Development Plan in compliance with Section 35.472.080 (Development Plans) shall be required before the issuance of any Zoning Clearance for a structure that is not otherwise required to have a discretionary permit and is 20,000 square feet or more of gross floor area or is an attached, or detached addition that, together with the existing structures on the lot will total 20,000 square feet or more of gross floor area.

5.

Zoning Clearance subject to resolution of the Board. If a Zoning Clearance is requested for property subject to a resolution of the Board initiating a Zoning Map Amendment or an Amendment to this Development Code, a Zoning Clearance shall not be issued or conditionally issued while the proceedings are pending on the amendment unless the proposed uses or structures will conform to both the existing zoning and existing provisions of this Development Code and amendment initiated by the Board unless a Conditional Use Permit was approved in compliance with Section 35.472.060 or Preliminary or Final Development Plan was approved in compliance with Section 35.472.080 before the adoption of the Board's resolution and the

proposed uses and structures are in conformance with the approved Conditional Use Permit or Preliminary or Final Development Plan.

E.

Zoning Clearance expiration.

1.

A Zoning Clearance shall remain valid only as long as compliance with all applicable provisions of this Development Code and the Zoning Clearance conditions continues.

2.

A Zoning Clearance shall expire two years from the date of issuance if the use or structure for which the Zoning Clearance was issued has not been established or commenced in compliance with the issued Zoning Clearance unless a time extension is approved in compliance with Section 35.474.030 (Time Extensions).

F.

Minor changes to Zoning Clearances. Minor changes to an issued Zoning Clearance shall be allowed in compliance with Section 35.474.040 (Changes to an Approved Project).

G.

Zoning Clearance revocation. A Zoning Clearance issuance may be revoked or modified in compliance with Section 35.474.060 (Revocations).