§ 35-169 — Santa Barbara County Zoning Code

Section 35-169.1 Purpose and Intent. ¶

This Section establishes procedures and findings for the approval, issuance and effective time periods for Coastal Development Permits that are required by this Article. The intent of this section is to ensure that development is in conformity with the provisions of this Article, the Comprehensive Plan including the Coastal Land Use Plan and any applicable Community Plan and any permit conditions established by the County, and to provide public hearing opportunities for development that is defined as appealable to the Coastal Commission in compliance with Section 35-182 (Appeals).

Section 35-169.2 Applicability. ¶

1.

Before using any land or structure, or commencing any work pertaining to any development or use in the Coastal Zone of the County, wherein permits are required under the provisions of this Article, a Coastal Development Permit shall be issued unless other regulations of this Article, including Section 35-51B (Exemptions from Planning Permit Requirements), specifically indicate that such activity is exempt. Activities which are exempt from the issuance of a Coastal Development Permit shall comply with all applicable regulations of this Article including use, setback, and height, as well as all required provisions and conditions of any existing approved permits for the subject property.

(Amended by Ord. 4964, 12/14/2017)

2.

Except as provided in Subsection 2.a (Final Development Plan not required for accessory dwelling units or junior accessory dwelling units), the approval of a development plan as provided in Section 35-174 (Development Plans) shall be required prior to the approval of any Coastal Development Permit for a structure that is not otherwise required to have a discretionary permit and is 20,000 or more square feet in gross floor area, or is an attached or detached addition that, together with existing structures on the lot will total 20,000 square feet or more of gross floor area.

a.

Final Development Plan not required for accessory dwelling units or junior accessory dwelling units. If Development Plan approval would be required in compliance with Section 35-169.2.2, and the application for development includes an accessory dwelling unit or junior accessory dwelling unit, then only the approval of a Coastal Development Permit in compliance with Section 35-142 (Accessory Dwelling Units and Junior Accessory Dwelling Units) is required for the proposed accessory dwelling unit or junior accessory dwelling unit.

(Ord. No. 5194, § 30, 11-7-2023)

Section 35-169.3 Contents of Application.

As many copies of an application as may be required shall be submitted to the Planning and Development Department. Said application shall include:

1.

A site plan which shall indicate clearly and with full dimensions the following information, if applicable:

a.

North arrow and scale of drawing.

Site address.

Lot dimensions and boundaries.

d.

All proposed and existing buildings and structures and their locations, size, height, and use.

e.

Distance from proposed structure(s) to property lines, centerline of the street or alley and other existing structures on the lot.

f.

Walls and fences: location, height and materials.

g.

Name and widths of streets (right-of-way) abutting the site.

h.

Off-street parking: location, dimensions of parking area, number of spaces, arrangement of spaces and internal circulation pattern.

i.

Access: pedestrian, vehicular, service; and delineations of all points of ingress and egress.

j.

Signs: location, size, height and method of illumination.

k.

Loading zones: location, dimensions, number of spaces.

l.

Lighting: general nature, locations and hooding devices.

Proposed street dedications and improvements.

n.

Landscaping, if required.

o.

Method of sewage disposal: show position of septic tank and leach lines, if applicable.

p.

For commercial and industrial projects indicate where applicable:

Number of motel or hotel units.

Seating capacity or square footage devoted to patrons.

3)

Total number of employees.

All easements.

2.

Source of water supply including a can and will serve letter from a public or private water district.

3.

Any other information that the Planning and Development Department may require.

Section 35-169.4 Processing. (Amended by Ord. 4584, 11/22/2005; Ord. 4594, 03/05/2008; Ord. 4595, 03/05/2008)

1.

Coastal Development Permits for development that is not appealable to the Coastal Commission in compliance with Section 35-182 (Appeals) and is not processed in conjunction with a discretionary permit.

This Section provides the processing requirements for applications for Coastal Development Permits that are not subject to Section 35-169.4.2 or Section 35-169.4.3 below.

(Amended by Ord. 4888, 10/10/2014)

a.

After receipt of the Coastal Development Permit application, the Department shall review the application in compliance with the requirements of the California Environmental Quality Act, unless the development is exempt from CEQA.

b.

The Director shall review the Coastal Development Permit application for compliance with the

Comprehensive Plan including the Coastal Land Use Plan and any applicable community or area plan, this Article, and other applicable regulations, and approve, conditionally approve, or deny the Coastal Development Permit.

c.

The action of the Director is final subject to appeal in compliance with Section 35-182 (Appeals).

d.

No entitlement for development shall be granted prior to the effective date of the Coastal Development Permit. A Coastal Development Permit approved, or conditionally approved, in compliance with this Section shall not be issued or deemed effective:

1)

Prior to the expiration of the appeal period or, if appealed, prior to final action on the appeal by the decision-maker in compliance with Section 35-182 (Appeals).

2)

Until the applicant has signed the Coastal Development Permit.

3)

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

4)

Until all other necessary prior approvals have been obtained.

e.

or structures will conform to both the existing zoning and existing provisions of this Article and the rezoning or amendment initiated by the Board or (2) the effective date of a Preliminary or Final Development Plan approved in compliance with Section 35-174 (Development Plans) is prior to the adoption of the Board's resolution and the proposed uses and structures are in conformance with the approved Preliminary or Final Development Plan.

f.

On property located within the Montecito Community Plan area, Coastal Development Permits shall include a specific written condition that requires all development be in conformance with approved plans.

g.

Prior to approval or conditional approval of a Coastal Development Permit, notice of the pending decision shall be given in compliance with Sections 35-181 (Noticing).

h.

Except for projects located in the jurisdictional area of the North Board of Architectural Review where time limits for review of the project by the North Board of Architectural Review are exceeded as specifically described in Section 35-184.3.2.c, a Coastal Development Permit for any structure that requires design review in compliance with Section 35-184 (Board of Architectural Review) shall not be issued until the structure has received Final Approval from the Board of Architectural Review.

2.

Coastal Development Permit for development that is appealable to the Coastal Commission in compliance with Section 35-182 (Appeals) and is not processed in compliance with Section 35-169.4.3. This Section provides the processing requirements for applications for Coastal Development Permits for development that is appealable to the Coastal Commission in compliance with Section 35-182 (Appeals) and that is not subject to Section 35-169.4.3.

(Amended by Ord. 4888, 10/10/2014)

a.

b.

For residential structures on lots adjacent to the sea, the application shall be subject to Design Review in compliance with Section 35-184 (Board of Architectural Review).

c.

Decision-maker, hearing requirements and notice requirements.

Applications for certain solar energy facilities, accessory dwelling units and junior accessory dwelling units, low barrier navigation centers, and by-right supportive housing projects. Applications for freestanding solar energy facilities that are accessory and incidental to the principal use of the lot that the system is located on and are sized to primarily supply only the principal use that the system is accessory and incidental to, accessory dwelling units and junior accessory dwelling units, low barrier navigation centers and by-right supportive housing projects, shall be processed in compliance with the following:

a)

Notice of the submittal of the application and pending decision of the Director shall be given in compliance with Section 35-181.2 (Notice of Public Hearing and Decision-Maker Action).

b)

The Director shall review the application for compliance with the Comprehensive Plan and the Local Coastal Program, including the Coastal Land Use Plan and any applicable community or area plan, this Article, and other applicable conditions and regulations, and approve, conditionally approve, or deny the Coastal Development Permit. A public hearing shall not be required.

c)

The action of the decision-maker is final subject to appeal, including an appeal to the Coastal Commission, in compliance with Section 35-182 (Appeals).

2)

All other applications. Applications for development other than such development specified in Subsection 2.c.1 (Applications for certain solar energy facilities and accessory dwelling units and junior accessory dwelling units, low barrier navigation centers, and by-right supportive housing projects), above, shall be processed in compliance with the following:

a)

The decision-maker shall review the application for compliance with the Comprehensive Plan and the Local Coastal Program, including the Coastal Land Use Plan and any applicable community or area plan, this Article, and other applicable conditions and regulations.

b)

The Zoning Administrator shall hold at least one noticed public hearing unless waived in compliance with Subsection 2.d (Waiver of public hearing), below, on the requested Coastal Development Permit and approve, conditionally approve, or deny the request.

c)

Notice of the time and place of the hearing shall be given and the hearing shall be conducted in compliance with Section 35-181 (Noticing).

d)

The action of the decision-maker is final subject to appeal in compliance with Section 35-182 (Appeals).

d.

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 decision-maker for the Coastal Development Permit. A listing of Coastal Development Permit applications for which a notice that the public hearing may be waived has been mailed shall be provided on the next available Zoning Administrator's hearing agenda following the mailing of the notice.

1)

The project qualifies as "minor development" which for the purposes of this Section means a development which the Director determines satisfies all of the following requirements:

a)

The development is consistent with the County's Local Coastal Program (as defined in Public Resources Code Section 30108.6) of the County of Santa Barbara.

b)

The development does not require any discretionary approvals other than a Coastal Development Permit.

c)

The development would have no adverse effect either individually or cumulatively on coastal resources or public access to the shoreline or along the coast.

2)

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 Section 35-181 (Noticing).

a)

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 Coastal Development Permit application to the County and the Coastal Commission.

3)

A written request for public hearing is not received by the Department within the 15 working days immediately following the date the notice in compliance with Section 35-169.4.2.d.2), above, is mailed.

e.

No entitlement for development shall be granted prior to the effective date of the Coastal Development Permit. A Coastal Development Permit approved or conditionally approved in compliance with this Section

35-169.4.2 shall not be issued or deemed effective: ¶

1)

Prior to the expiration of the appeal period or, if appealed, prior to final action on the appeal by the decision-maker, including the Coastal Commission, in compliance with Section 35-182 (Appeals).

2)

Until the applicant has signed the Coastal Development Permit.

3)

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

4)

Until all other necessary prior approvals have been obtained.

5)

Within the 10 working days following the date of receipt by the Coastal Commission of the County's Notice of Final Action during which time an appeal of the action may be filed in compliance with Section 35-182 (Appeals).

No entitlement for development shall be granted prior to the effective date of the Coastal Development Permit.

f.

If a Coastal Development Permit is requested for property subject to a resolution of the Board initiating a rezoning or amendment to this Article, a Coastal Development Permit shall not be approved or conditionally approved while the proceedings are pending on such rezoning or amendment unless (1) the proposed uses or structures will conform to both the existing zoning and existing provisions of this Article and the rezoning or amendment initiated by the Board or (2) the effective date of a Preliminary or Final Development Plan approved in compliance with Section 35-174 (Development Plans) is prior to the adoption of the Board's resolution and the proposed uses and structures are in conformance with the approved Preliminary or Final Development Plan.

g.

h.

review in compliance with Section 35-184 (Board of Architectural Review) shall not be issued until the structure has received Final Approval from the Board of Architectural Review.

3.

Coastal Development Permits processed in conjunction with a discretionary permit application. This Section provides the processing requirements for applications for Coastal Development Permits for development that also require a discretionary permit as specified in Subsection 3.a, below.

(Amended by Ord. 4888, 10/10/2014)

a.

An application for a Coastal Development Permit processed in compliance with this Section 35-169.4.3 shall be processed concurrently and in conjunction with any associated application for the following.

1)

Conditional Certificates of Compliance. An application for a Conditional Certificate of Compliance that is required to be recorded prior to the sale, lease or financing of a parcel of land that was not created in compliance with the laws and ordinances in effect at the time of the creation of the parcel.

2)

Conditional Use Permits. An application for a Major Conditional Use Permit or a Minor Conditional Use Permit processed in compliance with Section 35-172 (Conditional Use Permits).

a)

An application for a Coastal Development Permit processed concurrently with a Conditional Use Permit that includes a phasing plan in compliance with Section 35-172.9.3.b (Conditional Use Permits with approved phasing plans) shall include all components of the development included in the application for the Conditional Use Permit, including all phases of development that may be authorized by the Conditional Use Permit.

i)

The application for the Coastal Development Permit may include phased timelines for the construction of the project and the fulfillment of conditions. However, there shall be only one Coastal Development Permit issued for the whole of the development and/or use authorized by the Conditional Use Permit, and the Coastal Development Permit shall not authorize the issuance of multiple Coastal Development Permits that allow the development of different project components at different times.

3)

Demolition and Reclamation Permits. An application for a Demolition and Reclamation Permit processed in compliance with Section 35-170 (Abandonment of Certain Oil/Gas Land Uses).

Final Development Plans. An application for a Final Development Plan processed in compliance with Section 35-174 (Development Plans).

a)

An application for a Coastal Development Permit processed concurrently with a Final Development Plan that includes a phasing plan in compliance with Section 35-174.9.3.b.2) (Final Development Plans with approved phasing plans) shall include all components of the development included in the application for the Final Development Plan, including all phases of development that may be authorized by Final Development Plan.

i)

The application for the Coastal Development Permit may include phased timelines for the construction of the project and the fulfillment of conditions. However, there shall be only one Coastal Development Permit issued for the whole of the development and/or use authorized by the Final Development Plan, and the Coastal Development Permit shall not authorize the issuance of multiple Coastal Development Permits that allow the development of different project components at different times.

5)

Lot Line Adjustment. An application for a Lot Line Adjustment to adjust the lot lines between no more than four adjacent lots, where the land taken from one lot is added to an adjacent lot and where a greater number of lots than existed is not thereby increased.

6)

Modifications. An application for a Modification processed in compliance with Section 35-179 (Modifications) if the Coastal Development Permit for the development requested by the Modification is appealable to the Coastal Commission in compliance with Section 35-182 (Appeals).

7)

Oil and Gas Exploration or Production Plans. An application for an Oil and Gas Exploration or Production Plan processed in compliance with Section 35-176 (Oil and Gas Exploration and Production Plans).

8)

Tentative Map. An application for a Tentative Map including a Vesting Tentative Map, the approval of which is required prior to the recordation of a Final Map or Parcel Map, as applicable, that subdivides improved or unimproved land for the purpose of sale, lease or financing.

9)

Variance. An application for a Variance processed in compliance with Section 35-173 (Variances) if the Coastal Development Permit for the development requested by the Variance is appealable to the Coastal Commission in compliance with Section 35-182 (Appeals).

The decision-maker for the associated application described in Subsection 3.a, above, shall be the decision-maker for the Coastal Development Permit except as provided below:

1)

If an application for a Coastal Development Permit processed concurrently and in conjunction with an application for a Final Development Plan under the jurisdiction of the Director in compliance with Section 35-174 (Final Development Plans) is for development that is appealable to the Coastal Commission in compliance with Section 35-182 (Appeals), then the Zoning Administrator shall be the decision-maker for both the Coastal Development Permit and the Final Development Plan.

c.

d,

For residential structures on lots adjacent to the sea, the application shall be subject to Design Review in compliance with Section 35-184 (Board of Architectural Review).

e.

The decision-maker shall review the Coastal Development Permit application for compliance with the Comprehensive Plan, including the Coastal Land Use Plan and any applicable community or area plan, this Article, and other applicable conditions and regulations.

f.

Public hearing requirement.

1)

Development that is not appealable to the Coastal Commission. For development that is not appealable to the Coastal Commission in compliance with Section 35-182 (Appeals) the decision-maker shall approve, conditionally approve, or deny the requested Coastal Development Permit. A public hearing is not required unless required in compliance with the processing requirements of the associated application described in Section 35-169.4.3.a.

2)

Development that is appealable to the Coastal Commission. For development that is appealable to the Coastal Commission in compliance with Section 35-182 (Appeals) the decision-maker shall hold at least one noticed public hearing on the requested Coastal Development Permit and approve, conditionally approve, or deny the request.

g.

Notice of the time and place of the public hearing shall be given and the hearing shall be conducted in compliance with Section 35-181 (Noticing).

h.

The action of the decision-maker is final subject to appeal in compliance with Section 35-182 (Appeals).

1)

In compliance with Public Resources Code Section 30603, the approval or conditional approval of a Coastal Development Permit for appealable development, including a Coastal Development Permit approved or conditionally approved in conjunction with a Conditional Use Permit (i.e., any development approved by a coastal county that is not designated as the principal permitted use under the zoning ordinance or zoning district map) is appealable to the Coastal Commission in compliance with Section 35182 (Appeals).

a)

An action by the decision-maker to deny a Coastal Development Permit for a major public works project or major energy facility is also appealable to the Coastal Commission in compliance with Section 35-182 (Appeals).

i.

No entitlement for development shall be granted prior to the effective date of the Coastal Development Permit. A Coastal Development Permit approved in compliance with this Section 35-169.4.3 shall not be issued or deemed effective:

1)

Prior to the expiration of the appeal period or, if appealed, prior to final action on the appeal by the decision-maker, including the Coastal Commission, in compliance with Section 35-182 (Appeals).

2)

Until the applicant has signed the Coastal Development Permit.

3)

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

4)

Until all other necessary prior approvals have been obtained.

5)

For projects that are appealable to the Coastal Commission, within the 10 working days following the date of receipt by the Coastal Commission of the County's Notice of Final Action during which time an appeal of

the action may be filed in accordance with Section 35-182 (Appeals).

j.

k.

l.

(Ord. No. 5194, § 31, 11-7-2023; Ord. No. 5204, § 32, 2-13-2024)

Section 35-169.5 Findings Required for Approval of a Coastal Development Permit.

1.

A Coastal Development Permit application that is subject to Section 35-169.4.1 above shall be approved or conditionally approved only if the decision-maker first makes all of the following findings:

a.

The proposed development conforms:

1)

To the applicable policies of the Comprehensive Plan, including the Coastal Land Use Plan;

2)

With the applicable provisions of this Article or the project falls within the limited exceptions allowed under Section 35-161 (Nonconforming Use of Land, Buildings and Structures).

The proposed development is located on a legally created lot.

c.

The subject property and development on the property is in compliance with all laws, rules and regulations pertaining to zoning uses, subdivisions, setbacks and any other applicable provisions of this Article, and any applicable zoning violation enforcement fees 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 Division 10 (Nonconforming Structures and Uses).

2.

A Coastal Development Permit application that is subject to Section 35-169.4.2 above, shall be approved or conditionally approved only if the decision-maker first makes all of the following findings:

a.

Those findings specified in Section 35-169.5.1, above.

b.

The development will not significantly obstruct public views from any public road or from a public recreation area to, and along the coast.

c.

The development is compatible with the established physical scale of the area.

d.

The development will comply with the public access and recreation policies of this Article and the Comprehensive Plan including the Coastal Land Use Plan.

3.

A Coastal Development Permit application that is subject to Section 35-169.4.3, above shall be approved or conditionally approved only if the decision-maker first makes all of the following findings:

a.

Coastal Development Permits for development that is not appealable to the Coastal Commission in compliance with Section 35-182 (Appeals): Those findings specified in Section 35-169.5.1 above.

b.

Coastal Development Permits for development that is appealable to the Coastal Commission in compliance with Section 35-182 (Appeals): Those findings specified in Section 35-169.5.2 above.

Section 35-169.6 Permit Expiration and Extension. (Amended by Ord. 4888, 10/10/2014)

Approved or conditionally approved Coastal Development Permits. An approved or conditionally approved Coastal Development Permit shall expire 12 months from the effective date and shall be considered void and of no further effect unless an application for a Time Extension is submitted prior to the expiration of the approved or conditionally approved Coastal Development Permit and subsequently approved or conditionally approved in compliance with Section 35-179B (Time Extensions).

2.

Issued Coastal Development Permits. An issued Coastal Development Permit shall expire two years from the date of issuance and shall be considered void and of no further effect unless:

a.

The use, or structure for which the Coastal Development Permit was issued has been established or commenced in conformance with the issued Coastal Development Permit, or

b.

An application for a Time Extension is submitted prior to the expiration of the issued Coastal Development Permit and subsequently approved or conditionally approved in compliance with Section 35-179B (Time Extensions).

3.

A Coastal Development Permit approved in compliance with Section 35-169.4.3 (Coastal Development Permits processed in conjunction with a discretionary permit application) whose expiration date has been extended in compliance with Subsection 1 (Approved and conditionally approved Coastal Development Permits) and/or Subsection 2 (Issued Coastal Development Permits), above, will nevertheless expire at the earlier of:

a.

The expiration of the most recent time extension, or

b.

The expiration of the discretionary application approved in conjunction with the Coastal Development Permit as modified by any extension thereto.

Section 35-169.7 Coastal Commission Changes to the County Action on Coastal Development Permit.

Where an appeal has been filed with the Coastal Commission in compliance with Section 35-182 (Appeals) and the Coastal Commission has reversed or modified the action of the County on the Coastal Development Permit, the action of the Coastal Commission on the Coastal Development Permit is final. If the County has approved the Coastal Development Permit, any previously approved County project permits shall be automatically amended to conform to the Coastal Commission's approved Coastal Development Permit for the project or automatically terminated to conform to the Coastal Commission's disapproval of the Coastal Development Permit.

al Commission on the Coastal Development Permit is final. If the County has approved the Coastal Development Permit, any previously approved County project permits shall be automatically amended to conform to the Coastal Commission's approved Coastal Development Permit for the project or automatically terminated to conform to the Coastal Commission's disapproval of the Coastal Development Permit.

If the County has disapproved the Coastal Development Permit and the Coastal Commission approved the permit, the applicant must reapply to the County for approval of the other required but previously denied project permits (i.e., Development Plan, Conditional Use Permit) in order for the County to impose appropriate conditions. However, the County's action on said re-applications must be consistent with the approved Coastal Development Permit. In the case where the Coastal Commission has imposed appropriate conditions on the Coastal Development Permit as determined by the Subdivision/Development Review Committee, the Director may waive this reapplication requirement.

Section 35-169.8 Revocation. ¶

Issuance of the Coastal Development Permit is contingent upon compliance with all conditions imposed as part of the project approval. If it is determined that development activity is occurring in violation of any or all such conditions, the Director may revoke this Permit and all authorization for development. Written notice of such Revocation shall be provided to the permittee. The decision of the Director to revoke the Coastal Development Permit may be appealed in compliance with Section 35-182 (Appeals).

Section 35-169.9 County Guidelines on Repair and Maintenance, and Utility Connections to Permitted Development.

The County hereby adopts by reference and incorporates herein the "County Guidelines on Repair and Maintenance, and Utility Connections to Permitted Development," as related to Section 35-169.2, paragraphs 1. and 4., and approved by the Board of Supervisors as a separate document. Said guidelines may be obtained from the Planning and Development Department. (See Appendix C of this publication.)

Section 35-169.10 Minor Changes to Coastal Development Permits.

Minor changes to an approved or issued Coastal Development Permit shall be allowed provided that the changes materially conform with the approved or issued permit. Such requests shall be processed as follows:

1.

The Planning and Development Department may approve a minor change (e.g., interior alterations to the structure) to an approved or issued Coastal Development Permit subject to all of the following:

a.

The Department determines that the minor change materially conforms with the approved plans and the originally approved or issued permit,

b.

There is no change in the use or scope of the development,

c.

The minor change does not result in a change to the Planning and Development Department's conclusions regarding the project's specific conformance to development standards and findings, and

d.

The Coastal Development Permit has not expired.

e.

The minor change is exempt from review by the Board of Architectural Review, pursuant to Section 35184.3.

2.

Where a minor change of an approved or issued Coastal Development Permit is approved, such permit shall have the same effective and expiration dates as the original Permit and no additional public notice shall be required.

3.

The determination to allow a minor change to an approved or issued Coastal Development Permit, not defined as an Appealable Development under Section 35-58 of this Article (Definitions), shall be final and not appealable.

Where it cannot be determined that the minor change materially conforms to an approved or issued Coastal Development Permit, subject to the above criteria, a new Coastal Development Permit shall be required.

Section 35-169.11 Minor Changes to Coastal Development Permits for Commercial Cannabis Cultivation.

Minor changes to an approved or issued Coastal Development Permit for commercial cannabis cultivation (outdoor, mixed-light, indoor, and nursery) in the AG-1, AG-11, and M-RP zones may be allowed provided that the changes materially conform with the approved or issued permit. Such requests shall be processed as follows:

1.

The Director may approve a minor change (e.g., Odor Abatement Plan and odor control systems) to an approved or issued Coastal Development Permit where the Director determines:

a.

The minor change does not require additional environmental review;

b.

The minor change does not substantially deviate from the approved plans and the originally approved permit;

c.

There is no change in the use or scope of the development;

d.

The minor change does not result in a change to the Director's conclusions regarding the project's specific conformance to development standards and findings;

e.

The Coastal Development Permit has not expired; and

f.

The minor change is exempt from review by the Board of Architectural Review pursuant to Section 35184.3.

2.

Where a minor change of an approved or issued Coastal Development Permit is approved, the permit shall have the same effective and expiration dates as the original permit and no additional public notice shall be required.

3.

If the Director determines a proposed change to an approved Coastal Development Permit does not meet the above criteria, a new Coastal Development Permit shall be required.

4.

Determinations made pursuant to this Subsection are not subject to Appendix D (Guidelines for Minor Changes to Land Use and Coastal Development Permits) or Appendix B (Substantial Conformity Determination Guidelines).

5.

The determination to allow a minor change to an approved Coastal Development Permit for commercial cannabis cultivation is final and not subject to appeal except in accordance with Section 30625 of the Coastal Act.

(Ord. No. 5244, § 4, 10-21-2025)

Section 35-170. - Abandonment of Certain Oil/Gas Land Uses.

(Added by Ord. 4550, 09/21/2004)

Section 35-170.1 Purpose and Intent

This section establishes procedures to achieve the timely abandonment of applicable land uses, and following such abandonment, the timely and proper removal of applicable oil and gas facilities, reclamation of host sites, and final disposition of pipelines, in compliance with applicable laws and permits. Such procedures ensure appropriate due process in differentiating idled from abandoned facilities and protect the vested rights of permittees while also ensuring that facilities with no reasonable expectation of

restarting are removed, pursuant to the intent of enabling development permits. Timely abandonment provides a public benefit by avoiding unnecessary delays in remediating any residual contamination that may result during operations, and providing an effective means of mitigating several significant environmental and socioeconomic effects, including aesthetics, compatibility with surrounding land uses, and risk of default on demolition and reclamation obligations by the permittee.

y abandonment provides a public benefit by avoiding unnecessary delays in remediating any residual contamination that may result during operations, and providing an effective means of mitigating several significant environmental and socioeconomic effects, including aesthetics, compatibility with surrounding land uses, and risk of default on demolition and reclamation obligations by the permittee.

Section 35-170.2 Applicability.

Section 35-170 shall apply to the following land uses within the unincorporated area of the County:

1.

All permitted uses defined in Sections 35-154, 35-155, 35-156, 35-158, and 35-159 of this Article that handle, or at one time handled, oil, natural gas, natural gas liquids, produced water, or waste water that originated from an offshore reservoir, regardless of whether these uses were permitted in accordance with this Article or any preceding ordinance.

(Amended by Ord. 4602, 03/21/2006)

2.

All permitted uses defined in Section 35-157 of this Article, regardless of whether these uses were permitted in accordance with this Article or any preceding ordinance.

3.

All pipeline systems defined in

, except for public utility natural gas transmission and distribution systems such as The Gas Company, that transport, or at one time transported, oil, natural gas, produced water, or waste water that originated from an offshore reservoir, regardless of whether these uses were permitted in accordance with this Article or any preceding zoning ordinance.

4.

Unless specifically stated otherwise, reclamation of sites and corridors used to support any of the operations identified in Sections 35-170.2.1, 2 or 3, above.

Section 35-170.3 Requirement to File an Application.

1.

The permittee of a permitted land use shall submit an application to the Director for a Demolition and Reclamation Permit (Section 35-170.9 et seq.) upon intentional abandonment of a permitted land use, or an independent business function thereof.

2.

The permittee of a permitted land use shall submit an application to the Director either to defer abandonment (Section 35-170.4 et seq.) or to obtain a Demolition and Reclamation Permit (Section 35-

170.9 et seq.) upon the occurrence of either of the following:

a.

Any event designated in an existing County permit that would require consideration of abandonment; or

b.

The permitted land use or an independent business function of a permitted land use has become idle.

Section 35-170.4 Filing an Application to Defer Abandonment.

Any permittee subject to the requirements of Section 35-170.3.2 may file an application to defer abandonment, which shall be considered by the Director. The application shall be filed no later than 90 days after an event specified in Section 35-170.3.2 has occurred.

Section 35-170.5 Contents of Application to Defer Abandonment.

The application to defer abandonment shall be in a form and content specified by the Director and this chapter. Such applications shall contain the following:

1.

Name, address, and contact information for permittee;

2.

Name, address, and general description of the permitted land use

3.

Date when permitted land use first became idle.

4.

Reason for idle status.

5.

Status of upstream production facilities, where applicable.

6.

Listing of facility equipment that has been identified on a plan (submitted in satisfaction of a County, Fire, or Air Pollution Control District permit) and has been either removed from the site or is not currently in operational condition. Include an explanation of the affect this missing or inoperable equipment has on ability to restart operations and run all processes. Also explain measures necessary to bring inoperable equipment back into operational condition.

7.

Plans and schedule to restart operations and identification of any facility components that would remain inactive after restart.

8.

Identification of reasonable circumstances that may hinder the restart of operations according to plan and schedule.

9.

Any other information deemed necessary by the Director.

Section 35-170.6 Processing of Application to Defer Abandonment.

1.

The Director shall determine the completeness of any application and issue a completeness letter within 30 days of receipt. If the application is deemed incomplete, the Director shall specify in detail the deficiencies in the application.

2.

The applicant shall submit information in response to an incompleteness letter within 60 days of receipt or, if it is not practicable to respond within a 60-day period, shall request an extension, not to exceed 60 additional days (total of 120 days to respond), within which to provide the required information.

3.

The Director may choose, at his or her discretion, to conduct a public hearing to consider any application to defer abandonment. The public shall be given all reasonable opportunity to review the Director's recommended decision no less than ten days prior to conducting a public hearing on any application to defer abandonment in accordance with applicable noticing procedures specified in Section 35-181.

4.

The Director shall refer an application to defer abandonment to the Fire Department and Air Pollution Control District for review and comment.

Section 35-170.7 Decision on Application to Defer Abandonment.

1.

Decisions for Idle Facilities. The Director shall grant the application unless the evidence shows that an idle facility has no reasonable possibility of being restarted or the owner has no intent of restarting the facility within a reasonable period of time. Notwithstanding the above, the Director shall approve the application for any pipeline subject to the jurisdiction of the Federal Energy Regulatory Commission if that Commission has determined that abandonment is not appropriate. The Director shall consider all relevant evidence in determining if a permitted land use has been abandoned, including whether any of the following have occurred:

a.

The oil and gas leases that have supplied the permitted land use with product have terminated.

b.

The oil and gas operations that have supplied the permitted land use with product have been abandoned.

c.

For oil/gas land uses designated as consolidated facilities and sites under the zoning code, there are no other existing offshore leases that may reasonably be expected to use the consolidated facility or site in the next 10 years.

d.

Major and essential components of a land use, or an independent business function thereof, have been removed from the site or have fallen into such disrepair that they are no longer functional.

e.

Permits or other entitlements for the land use, such as permits from the Air Pollution Control District, have been surrendered, expired, revoked or otherwise rendered invalid and no intent has been demonstrated to renew or reacquire such permits.

f.

The Fire Department has issued an order requiring abandonment.

g.

Any other evidence that shows clear intent to abandon.

2.

Decisions for Consideration of Abandonment under Permit Conditions. The Director shall grant the application unless:

a.

The Director finds under the applicable existing permit condition that abandonment of the permitted land use or independent business function thereof is required without further delay; and

b.

The permittee no longer has a vested right to continue operation.

3.

The Director's decision shall be transmitted by a public notice pursuant to applicable provisions of Section 35-181.

The Director's decision may be appealed to the Planning Commission within 30 days of noticing such decision. The Director's decision shall be final upon conclusion with the 30-day appeal period if no appeals have been filed. All appeals shall follow procedures specified in Section 35-182.

Section 35-170.8 Deferral Period and Extensions of Approval to Defer Abandonment.

The Director may approve an abandonment deferral for a period not to exceed 24 months from the occurrence of an event defined in Section 35-170.3.2.a or b. The Director may extend this period for oneyear increments upon timely application by the operator. Applications for extensions shall be filed 90 days prior to the end of the approved abandonment-deferral period and shall contain the information specified in Section 35-170.5, above. Deferrals and extensions shall not be granted if another County agency, such as the Fire Department, has properly denied the deferral or extension.

Section 35-170.9 Filing an Application for a Demolition and Reclamation Permit.

Any permittee of a permitted land use that has not filed an application to defer abandonment pursuant to Section 35-170.4, or who has filed and that application has been denied, shall file an application for a Demolition and Reclamation Permit. The application for a Demolition and Reclamation Permit shall be filed no later than 180 days after an application to defer abandonment has been denied and all administrative appeals have been exhausted. If no application to defer abandonment has been filed, an application for a Demolition and Reclamation Permit shall be filed no later than 180 days after an event in Section 35170.3.1 or Section 35-170.3.2 has occurred. The Director may grant extensions of time for good cause.

an 180 days after an application to defer abandonment has been denied and all administrative appeals have been exhausted. If no application to defer abandonment has been filed, an application for a Demolition and Reclamation Permit shall be filed no later than 180 days after an event in Section 35170.3.1 or Section 35-170.3.2 has occurred. The Director may grant extensions of time for good cause.

Section 35-170.10 Content of Application for a Demolition and Reclamation Permit. (Amended by Ord. 4811, 11/14/2013)

The application for a Demolition and Reclamation Permit shall contain the following.

1.

Name, address, and contact information for permittee.

2.

Name, address, and general description of the permitted land use.

3.

Gross and net acreage and boundaries of the property.

4.

Location of all structures, above and underground, proposed to be removed.

5.

Location of all structures, above and underground, proposed to remain in-place.

Location of all utilities on the property.

7.

Location of all easements on or adjacent to the property that may be affected by demolition or reclamation.

8.

To the extent known, the type and extent of all contamination and proposed remedial actions to the level of detail that can be assessed through environmental review. This information does not require a new or modified Phase 2 site assessment in advance of any such requirement by the Fire Department or State agencies with regulatory oversight of site assessments.

9.

Location of areas of geologic, seismic, flood, and other hazards.

10.

Location of areas of prime scenic quality, habitat resources, archeological sites, water bodies and significant existing vegetation.

11.

Location and use of all buildings and structures within 50 feet of the boundaries of the property.

12.

A proposed decommissioning plan that details the activities involved in removing structures from the site, including the following details: estimated number of workers required on site to decommission facilities and structures, disposition of equipment and structures proposed for decommissioning, projected method of transporting equipment, structures, and estimated debris from the site to the place of disposition as well as number of trips required, and an estimated schedule for decommissioning facilities.

13.

A proposed waste-management plan to maximize recycling and minimize wastes.

14.

Other permit applications as may be required by the Santa Barbara County Code to retain any existing structures, roadways, and other improvements to the property that were ancillary to the oil or gas operations and are proposed to be retained to support other existing or proposed uses of the property following abandonment of the oil and gas operations.

15.

A proposed grading and drainage plan.

16.

A proposed plan to convert site to natural condition or convert to another proposed land use, including a detailed schedule for restoring the site. In the latter case, include other applicable permit applications required, if any, for the proposed land use.

17.

A statement of intent as to the disposition of utilities that served the oil and gas operations, including water, power, sewage disposal, fire protection, and transportation.

18.

Measures proposed to be used to prevent or reduce nuisance effects, such as noise, dust, odor, smoke, fumes, vibration, glare, traffic congestion, and to prevent danger to life and property.

19.

An application for a Coastal Development Permit for the development requested by the Demolition and Reclamation Permit application shall also be submitted and shall be processed concurrently and in conjunction with the Demolition and Reclamation Permit application except as follows:

a.

The Coastal Commission approves the Coastal Development Permit when the development is located:

1)

Within the retained permit jurisdiction of the Coastal Commission; or

2)

In areas where the County's Local Coastal Program has not been certified by the Coastal Commission.

20.

Any other information deemed necessary by the Director to address site-specific factors.

Section 35-170.11 Processing of Demolition and Reclamation Permit. (Amended by Ord. 4811, 11/14/2013)

1.

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

2.

The Planning and Development Department shall process applications for Demolition and Reclamation Permits independently of any other permit applications to develop the site in question except as required in compliance Subsection 35-170.10.19, above.

a.

A Demolition and Reclamation Permits may be processed concurrently with development permits, provided that long delays in securing approval of development permits do not unduly hinder timely demolition of facilities and reclamation of host sites.

3.

Jurisdiction.

a.

Appealable development. When an application for a Demolition and Reclamation Permit is submitted for development that is appealable to the Coastal Commission in compliance with Section 35-182 (Appeals), including all Demolition and Reclamation Permits associated with a major energy facility, the Zoning Administrator shall be the decision-maker for the Demolition and Reclamation Permit.

b.

Not appealable development. When an application for a Demolition and Reclamation Permit is submitted for development that is not appealable to the Coastal Commission in compliance with Section 35-182 (Appeals), the Director shall be the decision-maker for the Demolition and Reclamation Permit.

4.

Notice, public hearing and decision.

a.

Demolition and Reclamation Permits under the jurisdiction of the Director. A public hearing shall not be required if the Director is the decision-maker for the Demolition and Reclamation Permit.

1)

Notice of the pending decision of the Director on the Demolition and Reclamation Permit shall be given at least 10 days before the date of the Director's decision in compliance with Section 35-181 (Noticing).

2)

The Director may approve, conditionally approve, or deny the Demolition and Reclamation Permit. Any denial shall be accompanied by an explanation of project revisions required in order that the project may be approved.

3)

The action of the Director on the Demolition and Reclamation Permit is final subject to appeal in compliance with Section 35-182 (Appeals) except that the action may be appealed within the 30 calendar days immediately following the decision.

Demolition and Reclamation Permits under the jurisdiction of the Zoning Administrator. A public hearing shall be required if the Zoning Administrator is the decision-maker for the Development Plan.

1)

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

2)

Notice of the hearing shall be given in compliance with Section 35-181 (Noticing).

3)

The action of the Zoning Administrator is final subject to appeal in compliance with Section 35-182 (Appeals). Any denial shall be accompanied by an explanation of project revisions required in order that the project may be approved.

5.

Upon approval of the Demolition and Reclamation Permit or upon abandonment of operations, whichever occurs later, the Demolition and Reclamation Permit shall supersede any discretionary use permit issued for construction and operation of the facilities.

Section 35-170.12 Findings Required for Approval of a Demolition and Reclamation Permit.

A Demolition and Reclamation Permit shall only be approved if all of the following findings are made:

1.

That significant adverse impacts to the environment due to demolition and reclamation are mitigated to a level of insignificance or, where impacts cannot feasibly be mitigated to insignificance, they are mitigated to the maximum extent feasible.

2.

That, where applicable, streets and highways are adequate and properly designed to carry the type and quantity of traffic generated by the proposed demolition and reclamation.

3.

That any conditions placed upon the operator or responsible party for assessment or remediation of soil or water contamination fully conform with the permitting process and requirements of the Regional Water Quality Control Board and the Santa Barbara County Fire Department.

4.

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

That the site will be restored to natural conditions unless any of the following conditions apply:

a.

Areas within the site are subject to approved development, in which case restoration and landscaping of these areas will conform to the newly permitted development. In cases where development is proposed but not yet permitted, restoration of affected areas to natural conditions may be waived, provided that such development is permitted within five years and the permittee has posted financial assurances acceptable to the Director to assure restoration to natural conditions if the proposed development is not permitted.

b.

Areas within the site are subject to agricultural uses that do not require a County permit, in which case the restoration will conform to conditions appropriate for such agricultural uses where they occur.

For purposes of this finding, the Director may allow abandonment in-place of specific improvements such as retaining walls or emergency access roads if the Director finds that their removal would be detrimental to the health, safety or welfare of the public or the environment (e.g., undesired destabilization of slopes due to removal of a retaining wall, or eliminating a needed public evacuation route).

6.

That any retention of improvements to land has been duly permitted in accordance with the County Code where permits are required.

7.

That the proposed reclamation will leave the site in a condition that is compatible with any existing easements or dedications for public access through, or public use of a portion of the property.

8.

That the permit conditions contain specific enforceable requirements to ensure the timely closure of the host site and completion of post-closure activities.

Section 35-170.13 Performance Standards for Demolition and Reclamation Permits.

1.

All equipment shall be cleaned of oil or other contaminants prior to dismantlement in order to reduce any risk of contamination of soils or water during demolition of the facility to the maximum extent feasible. Where applicable, the permittee shall prepare and submit a Spill Contingency Plan to the Fire Department. This plan shall identify measures to prevent and contain spills during dismantling and removal of facilities, as well as how spills will be cleaned up once they have occurred..

2.

The permittee shall obtain all other necessary permits from other agencies and, where applicable, submit proof of permits issued by the California Division of Oil, Gas, and Geothermal Resources to plug and

abandon wells or to inject waste water for purposes of disposal into any State oil and gas field prior to issuance of the Demolition and Reclamation Permit.

3.

The demolition and reclamation shall be adequately monitored by a qualified individual, funded by the permittee and retained by the County, to ensure compliance with those conditions designed to mitigate anticipated significant, adverse effects on the environment and to provide recommendation in instances where effects were not anticipated or mitigated by the conditions in the permit. Pre- and post-reclamation surveys of sensitive resources shall be employed as appropriate to measure compliance.

4.

Topsoil shall be stockpiled, covered, and saved for use as topsoil when excavated areas are back-filled, unless such soil is treated onsite or removed for offsite disposal due to contamination.

5.

If appropriate, truck traffic transporting materials to and from the site shall avoid arriving or departing the site during the peak traffic hours of 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m. weekdays (or other peak-hour periods applicable to the location of the traffic).

6.

Adequacy of sight distance, ingress/egress and emergency access shall be verified by the Public Works Department and Fire Department.

7.

Measures shall be implemented to inhibit dust generation, where appropriate. Unavoidable generation of dust shall be kept to a minimum through effective controls.

8.

The permittee implements a viable recycling plan that meets County approval and includes provisions to maximize recycling of equipment, asphalt, and concrete, and to minimize disposal of wastes into hazardous waste and solid waste management facilities to the maximum extent feasible.

9.

Contouring of the land shall be compatible with the surrounding natural topography, unless otherwise approved to accommodate another permitted use or required drainages.

10.

Appropriate measures shall be implemented to control erosion both during and after site closure.

11.

Establishment of vegetation shall be in conformance with an approved revegetation plan and the following standards:

a.

In accordance with the County's Fire Plan, as implemented by the County Fire Department, all disturbed areas identified for vegetation shall be disked or ripped to an appropriate depth to eliminate compaction and establish a suitable root zone in preparation for planting, except where such requirement poses a significant adverse environmental impact.

b.

Native seeds and plants shall be used when returning the area to natural conditions. The Director shall define an acceptable geographic area from which genetically compatible, native-seed stocks may be selected for site restoration in order to protect the genetic integrity and the habitat value of the site and its surrounding area. Other seeds, such a pasture mix, shall be allowed in areas designated for such use.

12.

Subsurface segments of inter-facility pipelines may be abandoned in-place except under the following circumstances:

a.

Presence of the pipeline would inhibit future land uses proposed in an active development application.

b.

Modeling approved by the United States Army Corp. of Engineers or United States Bureau of Reclamation indicates that segments of the pipeline in erosive locations would become exposed at some time during the next 100 years, and environmental review determines that impacts from exposure and subsequent removal during inclement weather are more significant than removal at the time of abandonment.

13.

Appropriate notification has been recorded with the County Clerk-Recorder to update, supersede, or release the recorded rights-of-way where a subsurface pipeline is abandoned in-place. This notice shall describe the presence and location of the abandoned pipeline, any material placed in the pipeline for abandonment, and the operator and owner of the pipeline prior to abandonment.

14.

The site shall be assessed for previously unidentified contamination. Any discovery of contamination shall be reported to the Director and the Fire Department. The permittee shall diligently seek all necessary permit approvals, including revisions to the Demolition and Reclamation Permit, if any are required in order to remediate the contamination.

The Director, in consultation with other County agencies, may impose other appropriate and reasonable conditions or require any changes to the project as deemed necessary to protect the health, safety, and welfare of the public, protect property, preserve the character, natural resources, or scenic quality of the area, or implement the purpose of this Chapter or any other chapter of the County Code.

16.

In the case of an Independent Business function of a Permitted Land Use, the Director shall have discretion to determine the timing and extent of the requirements of the Demolition and Reclamation Permit. Factors that the Director may consider include:

a.

Whether removal of the Independent Business function would substantially reduce the overall footprint of the Permitted Land Use, reduce any significant visual impact, or reduce any significant risk to public safety.

b.

Whether site restoration is feasible at the time the Independent Business function is removed, compared to deferring site restoration to such time that the entire Permitted Land Use is removed.

17.

Appropriate notification has been recorded with the County Clerk-Recorder to describe the presence and location of any contamination left in place under the authority of the Fire Department.

Section 35-170.14 Revocation of Entitlement to Land Use.

1.

All entitlements provided in any use permits issued under this ordinance, or under any preceding zoning ordinance, to use the facilities shall be automatically revoked and no longer effective upon the County's denial of an application to defer abandonment and exhaustion of available administrative remedies. Requirements of use permits necessary to ensure continued protection of public and environmental health, safety and welfare shall continue in full force and effect, including:

a.

Conditions that specify liability of the owner, operator, and other persons.

b.

Conditions that specify payment of County fees and costs.

c.

Conditions that indemnify the County.

d.

Where applicable, conditions that specify the County's authority to require abatement of public nuisances or require mitigation of environmental impacts that may occur prior to issuance of a Demolition and Reclamation Permit.

e.

Where applicable, conditions that require oil spill prevention, preparedness, and response.

f.

Where applicable, conditions that require emergency preparedness and response.

g.

Where applicable, conditions that require safety inspections, maintenance, and quality assurance.

h.

Where applicable, conditions that require site security.

i.

Where applicable, conditions that require fire prevention, preparedness, protection and response.

j.

Where applicable, conditions that require payment of fees, including fees that provide mitigation for ongoing impacts to the environment (e.g., payments to the Coastal Resource Enhancement Fund).

k.

Substantive conditions that address abandonment; however procedural requirements for abandonment, demolition, and reclamation shall conform to Section 35-170 of this Chapter.

Upon revocation of entitlements in a use permit, the Director shall notify the owner or operator and include a list of permit conditions that remain in full or partial force.

2.

All use permits issued under this ordinance, or under any preceding zoning ordinance, shall be automatically revised to remove any entitlement to continue the use of any independent business function of a permitted land use determined to be abandoned in accordance with Section 35-170. However, permit conditions necessary to ensure continued protection of public and environmental health, safety and welfare, such as those identified in Section 35-170.14.1, shall continue in full force and effect.

3.

The permittee shall have a grace period of two years from the date of revocation of entitlements in use permits in order to secure a Demolition and Reclamation Permit. The Director may extend the grace period no more than one year, cumulatively, for good cause, or for longer periods for delays attributable to circumstances beyond the permittee's control.

4.

Upon completion of the grace period, the abandoned land use or independent business function shall be treated as a deserted and illegal land use until such time that the permittee secures approval of a Demolition and Reclamation Permit.

Section 35-170.15 Expiration of a Demolition and Reclamation Permit.

1.

Requirements. The permittee shall complete all requirements of the Demolition and Reclamation Permit prior to the expiration of the permit, including any extensions thereof. Failure to do so shall constitute a violation of this Article.

2.

Term. Demolition and Reclamation Permits shall expire upon issuance of a "Reclamation Complete" letter by the Director, which shall be issued upon the satisfactory completion of the required work, or seven years after the date of issuance, whichever occurs sooner. Director's "Reclamation Complete" letter shall certify completion of all required work except for remediation of contamination, which is certified by other agencies.

3.

Extensions. The Director may extend the expiration date of the permit without penalty if the closure or revegetation of the site was delayed by circumstances reasonably beyond the permittee's control. Otherwise, Director may extend the expiration date of the permit with penalties, pursuant to Section 35-185 of this Article, in order to realize completion of all site closure and post-closure requirements. If the permittee requests a time extension for this project, the Director may revise the Demolition and Reclamation Permit to revise conditions and mitigating measures or to add new conditions and mitigating measures, which reflect changed circumstances, including newly identified impacts.

Section 35-170.16 Post Approval Procedures. (Added by Ord. 4811, 11/14/2013)

Changes to an approved Demolition and Reclamation Permit shall be processed as follows:

1.

Substantial Conformity. The Director may approve a minor change to an approved Demolition and Reclamation Permit if the Director first determines, in compliance with the County's Substantial Conformity Determination Guidelines (see Appendix B), that the change is in substantial conformity with the approved permit.

a.

Contents of application. An application for an Substantial Conformity Determination shall be submitted in compliance with Section 35-57A (Application Preparation and Filing).

Processing.

1)

The Director shall review the application for the Substantial Conformity Determination for compliance with the Comprehensive Plan, the Local Coastal Program including this Article, applicable community and area plans, and other applicable conditions and regulations, and approve, conditionally approve, or deny the request. A public hearing shall not be required before the Director takes action on the application for the Substantial Conformity Determination.

2)

Notice of the application or pending decision on a Substantial Conformity Determination is not required.

3)

The action of the Director is final and not subject to appeal, including an appeal to the Coastal Commission.

c.

Land Use Permit required prior to commencement of development and/or use authorized by the Substantial Conformity Determination. Prior to commencement of the development and/or use authorized by the Substantial Conformity Determination, the issuance of a Land Use Permit in compliance with Section 35-178 (Land Use Permits) shall be required.

1)

Findings. The Land Use Permit shall be approved only if the Director first finds, in addition to the findings normally required for a Land Use Permit in compliance with Section 35-178 (Land Use Permits), that the development and/or use authorized by the Substantial Conformity Determination substantially conforms to the previously approved Demolition and Reclamation Permit.

d.

Expiration of Demolition and Reclamation Permit not revised. Where a minor change to an approved Demolition and Reclamation Permit is approved by the approval of a Substantial Conformity Determination, the Demolition and Reclamation Permit shall have the same effective and expiration dates as the original Demolition and Reclamation Permit.

2.

Amendments. Where the Director is unable to determine that a requested change to an approved Demolition and Reclamation Permit is in substantial conformity with the approved permit in compliance with Subsection 1, above, the Director may instead amend a Demolition and Reclamation Permit in compliance with the following.

a.

Contents of application. An application for an Amendment shall be submitted in compliance with Section 35-57A (Application Preparation and Filing).

1)

An application for a Coastal Development Permit for the development requested by the Amendment application shall also be submitted and shall be processed concurrently and in conjunction with Amendment application except when the Coastal Commission approves the Coastal Development Permit because:

a)

The development is located within the retained permit jurisdiction of the Coastal Commission, or

b)

The project is located in an area of the County where the County's Local Coastal Program has not been certified by the Coastal Commission.

b.

Area under review. The location within the project site that the subject of the application for the Amendment:

1)

Was analyzed for potential environmental impacts and policy consistency as part of the processing of the approved permit and an Addendum to the previous environmental document could be prepared in compliance with the California Environmental Quality Act; or

2)

Was not analyzed for potential environmental impacts and policy consistency as part of the processing of the approved permit, but the proposed new development could be found exempt from environmental review in compliance with the California Environmental Quality Act.

c.

Processing.

1)

Development that may be appealed to the Coastal Commission.

a)

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

The Department shall refer the applications to the Board of Architectural Review and the Subdivision/Development Review Committee for review and recommendations to the decision-maker. This requirement may be waived by the Director if the Director determines that the requirement is unnecessary.

c)

Notice shall be given in compliance with Section 35-181.2 (Notice of Public Hearing and Decision-Maker Action).

d)

Action and appeal.

i)

The Zoning Administrator shall hold at least one noticed public hearing on the application for the Amendment and the application for the Coastal Development Permit and approve, conditionally approve, or deny the request.

ii)

Notice of the time and place of the hearing shall be given and the hearing shall be conducted in compliance with Section 35-181 (Noticing).

iii)

The action of the Zoning Administrator is final subject to appeal in compliance with Section 35-182 (Appeals).

e)

Findings for the Amendment. The application for the Amendment shall be approved or conditionally approved only if the Director first makes all of the following additional findings:

i)

That the findings required for approval of the Demolition and Reclamation Permit, including any environmental review findings made in compliance with the California Environmental Quality Act, that were previously made when the Demolition and Reclamation Permit was initially approved are still applicable to the project with the addition of the development proposed by the application for the Amendment.

ii)

That the environmental impacts related to the development proposed by the application for the Amendment are determined to be substantially the same or less than those identified during the processing of the previously approved Demolition and Reclamation Permit.

f)

Findings for the Coastal Development Permit. The application for the Coastal Development Permit shall be approved or conditionally approved only if the Zoning Administrator first makes all of the findings required in compliance with Subsection 35-169.5.2.

2)

Development that may not be appealed to the Coastal Commission.

a)

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

b)

The Department shall refer the applications to the Board of Architectural Review and the

Subdivision/Development Review Committee for review and recommendations to the decision-maker. This requirement may be waived by the Director if the Director determines that the requirement is unnecessary.

c)

Notice shall be given in compliance with Section 35-181.2 (Notice of Public Hearing and Decision-Maker Action).

d)

Action and appeal.

i)

The Director shall review the applications for the Amendment and for the Coastal Development Permit for compliance with the Comprehensive Plan, the Local Coastal Program including this Article, applicable community and area plans, and other applicable conditions and regulations, and approve, conditionally approve, or deny the request. A public hearing shall not be required before the Director takes action on an application for an Amendment.

ii)

The action of the Director is final subject to appeal in compliance with Section 35-182 (Appeals).

e)

Findings for the Amendment. The application for the Amendment shall be approved or conditionally approved only if the Director first makes all of the following additional findings:

i)

That the findings required for approval of the Final Development Plan, including any environmental review findings made in compliance with the California Environmental Quality Act, that were previously made when

the Final Development Plan was initially approved are still applicable to the project with the addition of the development proposed by the applications for the Amendment.

ii)

That the environmental impacts related to the development proposed by the applications for the Amendment and the Coastal Development Permit are determined to be substantially the same or less than those identified during the processing of the previously approved Conditional Use Permit or Final Development Plan.

f)

d.

Permit required prior to commencement of development. Prior to commencement of the development and/or use authorized by the Amendment, the issuance of a Coastal Development Permit or Land Use Permit shall be required in compliance with the following.

1)

Coastal Development Permit required. If the proposed development and/or use proposed to be allowed by the Amendment is not located within the retained permit jurisdiction of the Coastal Commission, or in areas where the County's Local Coastal Program has not been certified by the Coastal Commission, then the issuance of a Coastal Development Permit in compliance with the following is required.

a)

Development that may be appealed to the Coastal Commission. A Coastal Development Permit approved in compliance with Subsection 2.c, above, shall not be issued and deemed effective:

i)

Prior to the expiration of the appeal period or, if appealed, prior to final action on the appeal by the decision-maker, including the Coastal Commission, in compliance with Section 35-182 (Appeals).

ii)

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

iii)

Until all necessary prior approvals have been obtained.

iv)

Until the applicant has signed the Coastal Development Permit.

v)

b)

Development that may not be appealed to the Coastal Commission. A Coastal Development Permit approved in compliance with Subsection 2.c, above, shall not be issued and deemed effective:

i)

Prior to expiration of the appeal period or, if appealed, prior to final action on the appeal by the decisionmaker in compliance with Section 35-182 (Appeals).

ii)

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

iii)

Until all necessary prior approvals have been obtained.

iv)

For applications for grading of individual building pads on lands located within the Summerland Community Plan area, until the structure that will utilize the building pad has received final Board of Architectural Review approval in compliance with Section 35-184 (Board of Architectural Review).

v)

Until the applicant has signed the Coastal Development Permit.

2)

Land Use Permit required. If the development and/or use allowed by the Amendment is located within the retained permit jurisdiction of the Coastal Commission, or in areas where the County's Local Coastal Program has not been certified by the Coastal Commission, then the issuance of a Land Use Permit in compliance with Section 35-178 (Land Use Permits) shall be required. The Land Use Permit shall not be issued and deemed effective:

i)

Prior to expiration of the appeal period or, if appealed, prior to final action on the appeal by the decisionmaker in compliance with Section 35-182 (Appeals).

ii)

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

iii)

Until all necessary prior approvals have been obtained.

iv)

Until approval of a Coastal Development Permit by the Coastal Commission has been obtained.

e.

Expiration of Demolition and Reclamation Permit not revised. Where a minor change to an approved Demolition and Reclamation Permit is approved by the approval of an Amendment, the Demolition and Reclamation Permit shall have the same effective and expiration dates as the original Demolition and Reclamation Permit.

3.

Revisions.

a.

A Revised Demolition and Reclamation Permit shall be required for changes to a Demolition and Reclamation Permit where the findings cannot be made in compliance with Section 35-174.10.2 for Amendments and substantial conformity in compliance with Section 35-174.10.1 cannot be determined.

b.

A Revised Demolition and Reclamation Permit shall be processed in the same manner as a new Demolition and Reclamation Permit.

Section 35-171. - Emergency Permits.

Section 35-171.1 Purpose and Intent.

The purpose of this section is to establish procedures for the issuance of Emergency Permits. The intent of this section is to alter the procedures for permit processing, and the permit requirements of this Article, in the case of an emergency.

(Amended by Ord. 4227, 06/18/1996)

Section 35-171.2 Applicability

When emergency action by a person or public agency is warranted, the requirements of obtaining a Coastal Development Permit otherwise required by this Article may be temporarily deferred by the Director, and the Director may grant an Emergency Permit prior to a Coastal Development Permit or other required discretionary permit.

(Amended by Ord. 4227, 06/18/1996)

Section 35-171.3 Application Procedures.

1.

Method. Applications in cases of emergencies shall be made to the Director by letter if time allows, and by telephone or in person if time does not allow.

2.

Information required. Applications should contain the following information:

The nature of the emergency;

The cause of the emergency;

(Amended by Ord. 4227, 06/18/1996)

The location of the emergency;

d)

The remedial, protective, or preventive work required to deal with the emergency;

e)

Where applicable, the circumstances during the emergency that appeared to justify any course(s) of action undertaken, including a description of that course of action and the probable consequences of failing to take action;

f)

The identities of other public agencies alerted to the emergency;

g)

The access routes to the emergency site(s);

h)

The identities of, and means of contact with, the individual(s) directing the emergency action;

i)

Disclosure of whether or not the applicant has made any prior or concurrent request to the California Coastal Commission for an emergency waiver of permit requirements pursuant to Public Resources Code Section 30611; and

j)

Any other reasonable information which the Director deems necessary to evaluate the application.

Section 35-171.4 Verification of Emergency. (Amended by Ord. 4227, 06/18/1996)

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

Section 35-171.5 Procedure for Granting Permit (Amended by Ord. 4227, 06/18/1996)

1.

A public notice of the emergency work shall be mailed to property owners within 300 feet of the subject property and residents within 100 feet of the subject property and such notice shall be posted in three locations on the project site. Notice is not required to precede commencement of emergency work.

(Amended by Ord. 4318, 06/23/1998)

2.

The Director may grant an Emergency Permit upon reasonable terms and conditions, including an expiration date, a requirement for a subsequent Coastal Development Permit, and a requirement for any discretionary permit required by this Article, if the Director finds that:

a.

An emergency exists and requires action more quickly than provided for by the procedures for permit processing, and the action will be completed within 30 days unless otherwise specified by the terms of the permit; and

b.

Public comment on the proposed emergency action has been reviewed; and

c.

The action proposed is consistent with the requirements of the Coastal Land Use Plan and Coastal Zoning Ordinance.

3.

The issuance of an Emergency Permit shall not constitute an entitlement to the erection of permanent structures. An application for a Coastal Development Permit and any discretionary permit required by this Article 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 issuance of the emergency permit, unless this time period is extended by the Planning and Development Department.

(Amended by Ord. 4094, 04/06/1993; Ord. 4227, 06/18/1996)

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.

Section 35-171.6 Reporting Requirements of the Director.

1.

The Director shall report, in writing, to the California Coastal Commission and to the Board of Supervisors at its first scheduled meeting after the Emergency Permit has been issued, the nature of the emergency and the work involved. Copies of this report shall be available at the meeting and shall be mailed to all persons who have requested such notification in writing.

2.

The report of the Director shall be informational only; the decision to issue an Emergency Permit is solely at the discretion of the Director subject to the provisions of Section 35-171 et seq.

Section 35-172. - Conditional Use Permits.

(Amended by Ord. 4594, 03/05/2008; Ord. 4595, 03/05/2008)

Section 35-172.1 Purpose and Intent.

The purpose of this section is to provide for uses that are essential or desirable but cannot be readily classified as principal permitted uses in individual districts 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 the mechanism for requiring specific consideration of these uses.

Section 35-172.2 Applicability.

The provisions of this section shall apply to those uses listed below under Section 35-172.4 and .5, and those uses listed in the "Uses Permitted with a Conditional Use Permit" section of the various zone districts, Division 8, Services, Utilities and Other Related Facilities and Division 9, Oil and Gas Facilities.

Section 35-172.3 Jurisdiction.

1.

The Zoning Administrator shall have jurisdiction for all Minor Conditional Use Permits and the Planning Commission shall have jurisdiction for all Major Conditional Use Permits.

Section 35-172.4. Minor Conditional Use Permits.

The following uses may be permitted in any zone district in which they are not otherwise permitted, with a Minor Conditional Use Permit, provided the Zoning Administrator can make the findings set forth in Section 35-172.9 (Findings).

Fences, walls, gates and gateposts pursuant to Section 35-123 (Fences, Walls, Gates and Gateposts).

2.

Special Care Homes in compliance with Section 35-143 (Community Care Facilities).

(Amended by Ord. 4964, 12/14/2017)

3.

Animals, use of property for animals different in kind or greater in number than otherwise permitted in this Article, except as provided in Section 35-144H (Wildlife Species Rehabilitation).

4.

Communication facilities, as specified in and governed by Section 35-144F.

5.

Day care centers serving adults in compliance with Section 35-143 (Community Care Facilities).

(Amended by Ord. 4964, 12/14/2017)

6.

Uses, buildings, and structures accessory and customarily incidental to the above uses.

(Ord. No. 5168, § 21, 11-29-2022)

Section 35-172.5 Major Conditional Use Permits.

The following uses may be permitted provided the Planning Commission can make the findings set forth in Section 35-172.8 (Findings).

1.

Except for the AG-I, AG-II, Residential Ranchette and Resource Management Districts, the following uses may be permitted in any district that they are not otherwise permitted, with a Major Conditional Use Permit.

Clinics.

b.

Club.

Conference center.

Country clubs.

e.

Hospitals, sanitariums nursing homes, and rest homes.

Library.

Mausoleum.

Mortuary, crematory or funeral home.

Museum.

2.

The following uses may be permitted in any district that they are not otherwise permitted, with a Major Conditional Use Permit.

Airstrip - temporary.

Cemetery.

Church.

d.

Drive-through facilities for a use otherwise permitted in the zone district subject to the provisions of Section 35-172.13.

e.

Educational facilities, not including child care facilities.

Eleemosynary and philanthropic institutions (except when human beings are housed under restraint).

g.

Extraction and processing of natural, carbonated or mineral waters for sale including but not limited to, storage, bottling and shipping operations.

Fairgrounds.

Golf courses and driving ranges.

Helistops.

k.

Communication facilities, as specified in and governed by Section 35-144F.

l.

Mining, extraction and quarrying of natural resources, except gas, oil and other hydrocarbons subject to the provisions of Section 35-177 (Reclamation Plans).

m.

Polo fields and playing field for outdoor sports.

Rodeo.

o.

Sea walls, revetments, groins and other shoreline structures subject to the provisions of Section 35-172.13.

p.

Stable, commercial (including riding and boarding).

q.

Certified Farmer's Market incidental to a conference center, club facility, fairground, church, school, or governmental or philanthropic institution.

r.

Public safety facility.

(Added by Ord. 4964, 12/14/2017)

Section 35-172.6 Contents of Application.

1.

As many copies of a Conditional Use Permit application as required by the Director shall be submitted to the Planning and Development Department. Said application shall contain all or as much of the submittal requirements for a Development Plan (Section 35-174.5) as are applicable to the request.

a.

If an application for a Conditional Use Permit is submitted for a property located in the Coastal Zone, then an application for a Coastal Development Permit for the development requested by the Conditional Use Permit application shall also be submitted and shall be processed concurrently and in conjunction with Conditional Use Permit application except as follows:

1)

The Coastal Commission approves the Coastal Development Permit when the development is located:

a)

Within the retained permit jurisdiction of the Coastal Commission pursuant to Public Resources Code Section 30519(b); or

b)

In areas where the County's Local Coastal Program has not been certified by the Coastal Commission.

The application for the Coastal Development Permit shall contain all of the submittal requirements for a Coastal Development Permit (Section 35-169) that the Director of the Planning and Development Department determines to be applicable to the request.

2.

In the case of a Conditional Use Permit application where the project is subject to Development Plan requirements (Section 35-174), a Development Plan shall be required in addition to obtaining a Conditional Use Permit except for those uses listed in Section 35-172.6.3. Notwithstanding the requirements of Section 35-144B (General Regulations - Applications That Are Within The Jurisdiction Of More Than One Final Decision Maker) and Section 35-174 (Development Plans), if the Conditional Use Permit would be under the jurisdiction of the Zoning Administrator, then the development plan shall also be under the jurisdiction of the Zoning Administrator provided:

a.

The use of the site proposed to be allowed by the Conditional Use Permit is the only proposed use of the site, or

On a developed site, no new development is proposed beyond that applied for under the minor Conditional Use Permit.

3.

A Development Plan shall not be required in addition to a Conditional Use Permit for the following:

a.

Commercial telecommunication facilities that are permitted by a Conditional Use Permit pursuant to Section 35-144F.3.3 provided that any structure constructed or erected as part of the telecommunications facility (1) shall only be used as part of the telecommunication facility and (2) shall be removed pursuant to Section 35-144F.5.4 (Project Abandonment/Site Restoration).

Section 35-172.7 Processing. (Amended by Ord. 4964, 12/14/2017)

1.

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

2.

Notice of the filing of an application shall be given in compliance with Section 35-181 (Noticing).

3.

The Department shall refer the Conditional Use Permit application to the Subdivision/Development Review Committee for review and recommendation to the decision-maker.

4.

Design review required. Except for Residential Second Units approved in compliance with Section 35-142 (Residential Second Units), the following applications shall be subject to Design Review in compliance with Section 35-184 (Board of Architectural Review).

a.

An application for a residential structure on a lot adjacent to the sea.

b.

An application for a structure or sign located within the Montecito Community Plan Area.

c.

An application for a Major Conditional Use Permit.

d.

An application for a Minor Conditional Use Permit as specifically identified by the Director, Zoning Administrator, Commission, or Board.

5.

The decision-maker shall hold at least one public hearing on the requested Conditional Use Permit and Coastal Development Permit, if applicable, 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 Section 35-181 (Noticing).

7.

The action of the decision-maker is final subject to appeal in compliance with Section 35-182 (Appeals).

a.

In compliance with Public Resources Code Section 30603, a Coastal Development Permit on a conditionally permitted use is appealable to the Coastal Commission in compliance with in Section 35182.4 (Appeals).

8.

Conditional Use Permits may be granted for such period of time and subject to such conditions and limitations as may be required to protect the health, safety, and general welfare of the community. Such conditions shall take precedence over those required in the specific zone districts.

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 35-144F (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 Section 35-144F.E.4 (Abandonment-Revocation).

10.

Notwithstanding the requirements of Subsection 35-144B (Applications That Are Within the Jurisdiction of More Than One Final Decision Maker) and Section 35-174 (Development Plans), if a Development Plan is required in compliance with Subsection 9 above, then the Development Plan shall also be under the jurisdiction of the Zoning Administrator if the Conditional Use Permit would be under the jurisdiction of the Zoning Administrator provided:

a.

The use of the site proposed to be allowed by the Minor Conditional Use Permit is the only proposed use of the site, or

b.

On a developed site, no new development is proposed beyond that applied for under the Minor Conditional Use Permit.

11.

If a Revised Conditional Use Permit is required as provided in Section 35-172.11, it shall be processed in the same manner as the original permit. When approved by the decision-maker, such revised permit shall automatically supersede any previously approved permit.

Section 35-172.8 Findings Required for Approval.

A Conditional Use Permit application shall only be approved or conditionally approved only if decisionmaker first makes all of the following findings:

1.

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

2.

That adverse environmental impacts are mitigated to the maximum extent feasible.

3.

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

4.

That there are adequate public services, including but not limited to fire protection, water supply, sewage disposal, and police protection to serve the project.

5.

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

6.

That the project is in conformance with the applicable provisions and policies of this Article and the Coastal Land Use Plan.

That in designated rural areas the use is compatible with and subordinate to the scenic and rural character of the area.

8.

That the project will not conflict with any easements required for public access through, or public use of the property.

9.

That the proposed use is not inconsistent with the intent of the zone district.

Section 35-172.9 Requirements Prior to Commencement of Conditionally Permitted Uses and Permit Expiration. (Amended by Ord. 4811, 11/14/2013; Ord. 4888, 10/10/2014)

1.

Prior to the commencement of the development and/or authorized use permitted by the Conditional Use Permit, a Coastal Development Permit and a Land Use Permit and/or Zoning Clearance, as applicable, authorizing such development and/or use shall be issued.

2.

Permits required.

a.

Coastal Development Permit required. A Coastal Development Permit shall be issued prior to the commencement of the development and/or authorized use allowed by the Conditional Use Permit either by:

1)

The County in compliance with Section 35-169 (Coastal Development Permits), or

2)

The Coastal Commission when the development is located:

a)

Within the retained permit jurisdiction of the Coastal Commission in compliance with Public Resources Code Section 30519(b); or

b)

In areas where the County's Local Coastal Program has not been certified by the Coastal Commission.

Land Use Permit required. In addition to a Coastal Development Permit required in compliance with Subsection 2.a (Coastal Development Permit required), above, and, when applicable, a Zoning Clearance required in compliance with Subsection 2.c (Zoning Clearance Required), below, a Land Use Permit shall also be issued in compliance with Section 35-178 (Land Use Permits) prior to the commencement of the development and/or authorized use allowed by the Conditional Use Permit if the approval of a Substantial Conformity Determination in compliance with Section 35-172.11 (Substantial Conformity, Amendments and Revisions) is required as a result of changes to the project allowed by the Conditional Use Permit.

1)

If the approval of a Substantial Conformity Determination for all or a portion of the development and/or authorized use allowed by the Conditional Use Permit occurs following the approval of a Zoning Clearance for the same development and/or authorized use, then the extent of the project allowed by the Land Use Permit is limited to that portion of the project which is the subject of the Substantial Conformity Determination.

2)

Under this Subsection 2.b (Land Use Permit required), the Land Use Permit is the final planning permit required by the County to represent compliance with any conditions established by the Conditional Use Permit and/or Coastal Development Permit and does not have any effect on the associated Coastal Development Permit.

3)

If the Coastal Commission is the decision-maker for the Coastal Development Permit in compliance with Subsection 2.a, above, then the approval of the Coastal Development Permit by the Coastal Commission shall occur prior to the issuance of the Land Use Permit by the Director.

c.

Zoning Clearance required. In addition to a Coastal Development Permit required in compliance with Subsection 2.a (Coastal Development Permit required), above, the issuance of a Zoning Clearance in compliance with Section 35-179A (Zoning Clearances) shall be required prior to the commencement of the development and/or authorized use allowed by the Conditional Use Permit.

1)

A Zoning Clearance is not required for any portion of the development and/or use that is allowed in compliance with a Land Use Permit issued in compliance with Subsection 2.b (Land Use Permit required), above.

2)

Under this Subsection 2.c (Zoning Clearance required), the Zoning Clearance is the final planning permit required to represent compliance with any conditions established by the Conditional Use Permit and/or Coastal Development Permit and does not have any effect on the associated Coastal Development Permit.

3.

Time limit, permit expiration and extension.

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, as applicable, 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)

An approved Conditional Use Permit shall expire and be considered void and of no further effect if:

a)

The time limit in which the required Land Use Permit or Zoning Clearance, as applicable, has expired unless an application for a Time Extension is submitted prior to the expiration of the time limit and subsequently approved or conditionally approved in compliance with Section 35-179B (Time Extensions), or

b)

The Coastal Development Permit approved in conjunction with the Conditional Use Permit has expired.

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, as applicable, shall be issued within the time limit(s) established by the phasing plan. The phasing plan shall include a timeline within which each project component shall be constructed and the conditions of approval that must be satisfied prior to each phase of construction.

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 Section 35-172.11 (Substantial Conformity, Amendments and Revisions).

2)

If the required time limit(s) in which the required Land Use Permit or Zoning Clearance for the first phase of the project authorized by the Conditional Use Permit shall be issued 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 the required Land Use Permit or Zoning Clearance for any subsequent phase of the project authorized by the Conditional Use Permit shall be issued 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 and of no further effect in compliance with Subsection 3.b.3)a), above.

4)

A Coastal Development Permit shall be processed concurrently and in conjunction with a Conditional Use Permit with a phasing plan in compliance with Section 35- 169.4.3.a.1.

5)

A Conditional Use Permit with an approved phasing plan shall be considered to be void and of no further effect if the associated Coastal Development Permit has expired.

6)

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

(Added by Ord. 4884, 09/08/2016)

a)

This 10 year period may be extended by the Planning Commission provided an application for a Time Extension is submitted in compliance with Section 35-179B (Time Extensions).

4.

Conditional Use Permit void due to discontinuance of use. A Conditional Use Permit shall become void and of no further effect if the development and/or authorized use allowed by the Conditional Use Permit is discontinued for a period of more than 12 months unless an application for a Time Extension is submitted prior to the expiration of the 12 month period and subsequently approved or conditionally approved in compliance with Section 35-179B (Time Extensions).

a.

The application for the Time Extension shall include a statement of the reasons why the Time Extension is requested.