§ 35-172 — Santa Barbara County Zoning Code

Section 35-172.10 Revocation. ¶

If the decision-maker with jurisdiction over the project determines at a noticed public hearing pursuant to Section 35-181 (Noticing) that the permittee is not in compliance with one or more of the conditions of the Conditional Use Permit, the decision-maker with jurisdiction over the project may revoke the Conditional Use Permit or direct that the permittee apply for an Amendment or Revision pursuant to Section 35-172.11.

Section 35-172.11 Substantial Conformity, Amendments and Revisions. (Amended by Ord. 4811, 11/14/2013)

Changes to a Conditional Use Permit shall be processed as follows:

1.

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

a.

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

b.

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.

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.

4)

If a Coastal Development Permit was processed concurrently with the Conditional Use Permit under review, then a change to the Conditional Use Permit may also require approval of a minor change to the associated Coastal Development Permit in compliance with Section 35-169.10 (Minor Changes to Coastal Development Permits).

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 Conditional Use Permit.

d.

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

2.

Amendments. Where the Director is unable to determine that a requested change to an approved Conditional Use Permit is in substantial conformity with the approved permit in compliance with Subsection 1, above, the Director may instead amend a Conditional Use 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 Director shall determine that the location within the project site that is the subject of the application for the Amendment either:

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)

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

2)

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.

3)

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

Action and appeal.

a)

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

b)

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).

c)

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

5)

Findings.

a)

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

i)

That the findings required for approval of the Conditional Use Permit, including any environmental review findings made in compliance with the California Environmental Quality Act, that were previously made when the Conditional Use Permit was initially approved remain valid to accommodate the project as revised with the new development proposed by the applications for the Amendment and the Coastal Development Permit.

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.

b)

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.

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 a 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)

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)

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).

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 Permits shall not be issued and deemed effective:

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

3)

Until all necessary prior approvals have been obtained.

4)

For applications for grading of individual building pads on property 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).

5)

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

e.

Expiration of Conditional Use Permit not revised. Where a minor change to an approved Conditional Use

Permit is approved by the approval of an Amendment, the Conditional Use Permit shall have the same effective and expiration dates as the original Conditional Use Permit.

3.

Revisions.

a.

A Revised Conditional Use Permit shall be required for changes to an approved Conditional Use Permit where the findings set forth in Section 35-172.11.2 for Amendments cannot be made and substantial conformity cannot be determined.

b.

A Revised Conditional Use Permit shall be processed in the same manner as a new Conditional Use Permit.

Section 35-172.12 Conditions, Restrictions, and Modifications.

1.

At the time the Conditional Use Permit is approved, or subsequent Amendments or Revisions are approved, the Director, Zoning Administrator, Planning Commission or Board of Supervisors may modify the building height limit, number of stories, distance between buildings, setback, yard, parking, building coverage, landscaping or screening requirements specified in the applicable zone district when the Director, Zoning Administrator, Planning Commission or Board of Supervisors finds the project justifies

such modifications and is consistent with the Comprehensive Plan and the intent of other applicable regulations and guidelines.

2.

As a condition of approval of any Conditional Use Permit, or of any subsequent Amendments or Revisions, the Director, Zoning Administrator, Planning Commission or Board of Supervisors may impose any appropriate and reasonable conditions or require any redesign of the project as they may deem necessary to protect the persons or property in the neighborhood, to preserve the neighborhood character, natural resources or scenic quality of the area, to preserve or enhance the public peace, health, safety, and welfare, or to implement the purposes of this Article.

3.

The Director, Zoning Administrator, Planning Commission or Board of Supervisors may require as a condition of approval of any Conditional Use Permit, or of any subsequent Amendments or Revisions, the preservation of trees existing on the property.

Section 35-172.13 Additional Requirements.

In addition to the provisions set forth above, the following uses shall be subject to additional requirements as set forth below:

1.

Mortuaries, Crematories, and Funeral Homes. Subject to the issuance of a Conditional Use Permit, mortuaries, crematories, and funeral homes may be permitted in the following locations:

a.

Within cemeteries operating under a valid use permit;

b.

On any parcel of land abutting such a cemetery; or

c.

On property zoned to permit multiple family dwellings where such property abuts upon or is directly across the street from property zoned for industrial purposes.

In all such locations, the Planning Commission shall impose conditions requiring that the architectural design of all buildings and structures be compatible with neighboring residential buildings, that signs are unobtrusive, that adequate off-street parking space is provided for funeral procession assembly areas.

2.

Handicraft Industries. A Conditional Use permit may be issued under the provisions of this section for the manufacture in C-2 and C-3 Districts of handicraft items, jewelry, notions, and other items on a small scale,

and involving no effects on surrounding property which would constitute a greater nuisance than those created by other uses permitted in the district in which such manufacture is allowed.

A Conditional Use Permit for such use may only be issued subject to the provisions of this section and to the following conditions and to any further conditions which are necessary to protect the public peace, health, safety, and general welfare, to maintain property values in the neighborhood, and to safeguard essential community services and values such as traffic circulation, sewage disposal, water supply, fire protection, and neighborhood character:

a.

All manufacturing activities shall be conducted within a completely enclosed building having a total floor area which is not to exceed 2,500 square feet.

b.

All storage of materials and equipment shall be screened from view from surrounding properties by a solid fence or wall approved by the Zoning Administrator.

c.

No fumes, noxious gases, objectionable odors, heat, glare, or radiation generated by or resulting from such use shall be detectable at any point along the boundary of the property upon which the use is located.

d.

The use shall create no objectionable noise or vibration.

e.

No smoke or dust shall be created except from the heating of buildings.

f.

Not more than five persons shall be employed on the premises in connection with such use.

3.

Seawalls and Shoreline Structures.

a.

Seawalls shall not be permitted unless the County has determined that there are no other less environmentally damaging alternatives reasonably available for protection of existing principal structures. The County prefers and encourages non-structural solutions to shoreline erosion problems, including beach replenishment, removal of endangered structures and prevention of land divisions on shorefront property subject to erosion; and, will seek solutions to shoreline hazards on a larger geographic basis than a single lot circumstance. Where permitted, seawall design and construction shall respect to the degree possible, natural landforms. Adequate provision for lateral beach access shall be made and the project shall be designed to minimize visual impacts by the use of appropriate colors and materials.

b.

Revetments, groins, cliff retaining walls, pipelines and outfalls, and other such construction that may alter natural shoreline processes shall be permitted when designed to eliminate or mitigate adverse impacts on local shoreline sand supply and so as not to block lateral beach access.

4.

Electrical Transmission Lines.

a.

Transmission line rights-of-way shall be routed to minimize impacts on the viewshed in the coastal zone, especially in scenic rural areas, and to avoid locations which are on or near habitat, recreational, or archaeological resources, whenever feasible. Scarring, grading, or other vegetative removal shall be repaired, and the affected areas re-vegetated with plants similar to those in the area to the extent safety and economic considerations allow.

b.

In important scenic areas, where above-ground transmission line placement would unavoidably affect views, undergrounding shall be required where it is technically and economically feasible unless it can be shown that other alternatives are less environmentally damaging. When above-ground facilities are necessary, design and color of the support towers shall be compatible with the surroundings to the extent safety and economic considerations allow.

5.

Drive-Through Facilities. In considering an application for such a Conditional Use Permit, the findings in Section 35-172.8, shall not be used and the permit shall be granted only if the drive-through facility is found to have no greater adverse impact upon air quality than the same use without the drive-through facility.

Section 35-173. - Variances.

Section 35-173.1 Purpose and Intent.

The purpose and intent of this section is to allow variances from the strict application of the provisions of this Article where, because of exceptional conditions such as the size, shape, unusual topography, or other extraordinary situation or condition of such piece of property, the literal enforcement of this Article would impose practical difficulties or would cause undue hardship unnecessary to carry out the intent and purpose of this zoning ordinance.

Section 35-173.2 Applicability.

1.

The provisions of this section shall apply to all zone districts.

Where, because of unusual circumstances applicable to the lot such as size, shape, topography, location or surroundings, the strict application of the zoning regulations to land, buildings and structures would deprive such property of privileges enjoyed by other property in the vicinity with identical zoning, variances may be granted except that:

a.

In no case shall a variance be granted to permit a use or activity which is not otherwise permitted in the district in which the property is situated.

b.

In no case shall a variance from the procedural regulations of this Article be granted.

c.

In no case shall a variance from the required number of parking spaces be granted as provided in Section 35-76, Medium Density Student Residential, Section 35-77, High Density Student Residential, and Section 35-102A, Single Family Restricted Overlay District.

Section 35-173.3 Jurisdiction.

Upon making the findings required under this section, the Zoning Administrator may approve or conditionally approve variances to the regulations applicable to physical standards for land, buildings, and structures contained in this Article.

Section 35-173.4 Contents of Application.

As many copies of a variance application as may be required shall be submitted to the Planning and Development Department. Said application shall contain full and complete information as required pertaining to the request.

Section 35-173.5 Processing.

1.

The Zoning Administrator shall hold at least one noticed public hearing on the requested variance and either approve, conditionally approve, or deny the request. Notice of the time and place of said hearing shall be given in the manner prescribed in Section 35-181 (Noticing).

2.

The Zoning Administrator, in granting said variance, may require such conditions as deemed necessary to assure that the intent and purpose of this Article and the public health, safety, and welfare will be promoted.

3.

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

Section 35-173.6 Findings Required for Approval.

A variance shall only be approved if all of the following findings are made:

1.

Because of special circumstances applicable to the property, including but not limited to size, shape, topography, location or surroundings, the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification.

2.

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

3.

That the granting of the variance will not be in conflict with the intent and purpose of this Article or the adopted Santa Barbara County Coastal Land Use Plan.

4.

The applicant agrees in writing to comply with all conditions imposed by the County.

Section 35-174. - Development Plans.

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

Section 35-174.1 Purpose and Intent.

The purpose of a Development Plan is to provide discretionary action for projects allowed by right within their respective zoning districts which, because of the type, scale, or location of the development, require comprehensive review.

Section 35-174.2 Applicability

1.

No permit shall be issued for any development, including grading, for any property subject to the provisions of this section until a Preliminary and/or Final Development Plan has been approved as provided below.

2.

The following shall be under the jurisdiction of the Director and shall be processed as set forth herein:

a)

In the Highway Commercial (CH), Limited Commercial (C-1), Retail Commercial (C-2), General Commercial (C-3), Industrial Research Park (M-RP), Light Industry (M-1), General Industry (M-2), Service Industrial Goleta (M-S-GOL), and Professional and Institutional (PI) zoning districts, Preliminary and Final Development Plans for buildings and structures which do not exceed a total of 10,000 square feet when

combined with all outdoor areas designated for sales or storage and existing buildings and structures on the site.

b)

In all zone districts, Final Development Plans for projects that were legally permitted and developed without an effective Development Plan where the project is now considered nonconforming due to the absence of a Development Plan provided that no revisions to the existing development are proposed in connection with the Final Development Plan application. If revisions to the existing development are proposed, then the application shall be processed as if it were an application for a new project and the jurisdiction shall be determined pursuant to Section 35-174.2.

c)

Communication facilities as specified in Section 35-144F.

d)

In all zones, Final Development Plans for projects where the Board of Supervisors, Planning Commission, Zoning Administrator, or Director approved the Preliminary Development Plan and the conditions of approval of the Preliminary Development Plan do not specify a decision-maker for the Final Development Plan other than the Director.

3.

The following shall be under the jurisdiction of the Zoning Administrator and shall be processed as set forth herein:

a)

In the Visitor Serving Commercial (CV) and Public Utilities (PU) zoning districts, Preliminary and Final Development Plans for buildings and structures which do not exceed a total of 15,000 square feet when combined with all outdoor areas designated for sales or storage and existing buildings and structures on the site.

b)

In the Highway Commercial (CH), Limited Commercial (C-1), Retail Commercial (C-2), General Commercial (C-3), Industrial Research Park (M-RP), Light Industry (M-1), General Industry (M-2), Service Industrial Goleta (M-S-GOL), and Professional and Institutional (PI) zoning districts, Preliminary and Final Development Plans for buildings and structures and outdoor areas designated for sales or storage that exceed 10,000 square feet but do not exceed 15,000 square feet.

c)

Communication facilities as specified in Section 35-144F.

All Development Plans outside the jurisdiction of the Director or the Zoning Administrator shall be within the jurisdiction of the Planning Commission.

5.

An applicant may file a Preliminary and then a Final Development Plan, or just a Final Development Plan. When only a Final Development Plan is filed, it shall be processed in the same manner as a Preliminary Development Plan.

6.

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

(Ord. No. 5194, § 32, 11-7-2023)

Section 35-174.3 Contents of Preliminary Development Plan.

1.

Unless the Planning Commission expressly waives the requirement, an application for a rezone to any district which is subject to the regulations of this section shall include a Preliminary Development Plan as part of the application. Upon Board of Supervisors' approval of the Rezoning and the Preliminary Development Plan, the Preliminary Development Plan may be made a part of the adopting ordinance amendment placing the new zone district regulations on the property.

2.

As many copies of a Preliminary Development Plan as may be required shall be submitted to the Planning and Development Department. Unless otherwise specifically waived by the Director, the information submitted as part of the Preliminary Development Plan shall consist of the following:

a.

A site plan of the proposed development drawn in graphic scale showing:

1)

Gross and net acreage and boundaries of the property.

2)

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

3)

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

Location of all existing and proposed structures, their use, and square footage of each structure.

5)

All interior circulation patterns including existing and proposed streets, walkways, bikeways, and connections to existing or proposed arterial or connector roads and other major highways.

6)

Location of all utilities.

7)

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

8)

Location and amount of land devoted to public purposes, open space, landscaping, and recreation.

9)

Location and number of parking spaces.

10)

All easements.

b.

A topographic map that meets Planning and Development requirements including existing natural and proposed contours.

c.

Proposed drainage system.

d.

Proposed (schematic) building elevations including building height(s) and other physical dimensions drawn in graphic scale.

e.

Statistical information including the following:

1)

Number and type of dwelling units in each building, i.e., single family dwelling, condominium, apartment, etc., and number of bedrooms in each unit.

Percentage of total net land area of the property devoted to landscaping and open space.

3)

Parking ratio - parking spaces per building square foot, number of employees or dwelling units, whichever is applicable.

4)

Building coverage of the site in terms of percentage of the total net land area.

5)

Estimated number of potential residents in each residential category.

6)

Number of employees and number of proposed new employees if applicable.

7)

Average slopes.

8)

History of water use on the property measured in acre feet per year for the preceding 10 years, when available.

f.

Aerial photograph of the property and surrounding parcels, when available.

g.

Demonstration of a validly created parcel and graphic configuration of such legal parcels.

h.

A statement of intent with respect to the establishment of utilities, services, and facilities including water, sewage disposal, fire protection, police protection, schools, transportation, i.e., proximity to public transit or provision of bike lanes, etc.

i.

Measures 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.

j.

If development is to occur in stages, the sequence and timing of construction of the various phases.

Proposed public access or recreational areas, trails, or streets to be dedicated to the County.

l.

Any other supplementary data requested by the Planning and Development Department.

Section 35-174.4 Processing of Preliminary Development Plan.

1.

For all development within the Coastal Zone proposed between Gaviota Beach State Park and the Santa Maria River, upon receipt of the Preliminary Development Plan, the Planning and Development Department shall transmit one copy of the plan to the Air Force Missile Flight Safety Office (WSMC-SE), USAF, Vandenberg. The Air Force may submit to the Planning and Development Department available information regarding missile debris hazards for the County to consider in reviewing the Preliminary Development Plan. Such information shall be provided to the County within 30 days of the date of transmittal and the County shall immediately send a copy to the applicant.

2.

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

3.

The Planning and Development Department shall refer the application to the Subdivision/Development Review Committee and the Board of Architectural Review in compliance with Section 35-184 (Board of Architectural Review) for review and recommendation to the decision-maker.

(Amended by Ord. 4585, 11/22/2005)

4.

Notice, public hearing and decision.

a.

Preliminary Development Plans under the jurisdiction of the Director. A public hearing shall not be required if the Director is the decision-maker for the Preliminary Development Plan in compliance with Section 35174.2.

1)

Notice of the pending decision of the Director 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 Preliminary Development Plan.

3)

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

b.

Preliminary Development Plan under the jurisdiction of the Planning Commission or Zoning Administrator is the decision-maker on the Preliminary Development Plan. A public hearing shall be required if the Planning Commission or Zoning Administrator is the decision-maker on the Preliminary Development Plan.

1)

The decision-maker shall hold at least one noticed public hearing on the requested Preliminary Development Plan and approve, conditionally approve, or deny the request.

2)

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

5.

If the Preliminary Development Plan is processed in conjunction with a rezone application, the Planning Commission shall recommend approval, conditional approval, or denial of the Preliminary Development Plan, or Final Development Plan and Coastal Development Permit if applicable, to the Board of Supervisors.

6.

If a Revised Preliminary Development Plan is required as provided in Section 35-174.10, it shall be processed in the same manner as the original plan. When approved by the Board of Supervisors, Planning Commission, Zoning Administrator, or Director, such revised plan shall automatically supersede any previously approved plan.

Section 35-174.5 Contents of Final Development Plan.

1.

As many copies of the Final Development Plan as may be required shall be submitted to the Planning and Development Department. Unless specifically waived by the Director, the information submitted shall consist of the following:

a.

All information and maps required under Section 35-174.3, Preliminary Development Plan submittal.

b.

Floor plans of each building indicating ground floor area and total floor area of each building.

Proposed landscaping indicating type of irrigation proposed, irrigation plan indicating existing and proposed trees, shrubs, and ground cover, and delineating species, size, placement. Where the provisions of this Article require a Landscape Plan in conjunction with proposed development the following shall apply:

1)

The Planning and Development Department shall review the landscape plan and may approve or conditionally approve said plan. Said landscape plans shall be prepared by a registered landscape Architect.

2)

Prior to the issuance of the Coastal Development Permit for the development, a performance security, in an amount to be determined by the Planning and Development Department to guarantee the installation of plantings, walls, and fences, in accordance with the approved landscape plan, and adequate maintenance of the planting shall be filed with the County, if deemed necessary by the Planning and Development Department.

d.

Description of proposed Homeowners Association (if applicable), indicating major elements to be included in the CC&Rs, deeds, and restrictions and methods of open space maintenance.

e.

The proposed method of fulfilling all conditions of approval required on the Preliminary Development Plan.

f.

If an application for a Final Development Plan is submitted for a property located in the Coastal Zone, then an application for a Coastal Development Permit for the development requested by the Final Development Plan application shall also be submitted and shall be processed concurrently and in conjunction with the Final Development Plan 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; or

b)

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

g.

Any other supplementary information requested by the Planning and Development Department.

Section 35-174.6 Processing of Final Development Plans.

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 Final Development Plan shall be referred to the Board of Architectural Review for final review and recommendations in compliance with Section 35-184 (Board of Architectural Review). This requirement may be waived by the Director of the Planning and Development Department in the following situations:

(Amended by Ord. 4585, 11/22/2005)

a.

A Final Development Plan that is submitted subsequent to the approval of a Preliminary Development Plan where there is no change from the approved Preliminary Development Plan and the project received final approval from the Board of Architectural Review.

b.

A Final Development Plan that is submitted pursuant to Section 35-174.2.2.b provided that any exterior alterations can be determined to be minor by the Director in compliance with Section 35-184.3.1.f (Board of Architectural Review, Exemptions).

3.

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

4.

When the Board of Supervisors, Planning Commission, Zoning Administrator, or Director has approved the Preliminary Development Plan, the Director shall be the decision-maker for the Final Development Plan unless:

a.

Conditions of the Preliminary Development Plan indicate otherwise; or

b.

The Preliminary Development is appealable to the Coastal Commission in compliance with Section 35-182 (Appeals), then the decision-maker shall be the Zoning Administrator.

5.

When an application for a Final Development Plan is submitted for development that is appealable to the Coastal Commission in compliance with Section 35-182 (Appeals), the Zoning Administrator shall be the

decision-maker for the Final Development Plan if the Director is otherwise designated as the decisionmaker in compliance with this Article.

6.

Notice, public hearing and decision.

a.

Final Development Plans under the jurisdiction of the Director. A public hearing shall not be required if the Director is the decision-maker for the Final Development Plan.

1)

Notice of the pending decision of the Director on the Final Development Plan 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 Final Development Plan.

3)

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

4)

The Director may approve minor changes to the Final Development Plan. If the Final Development Plan has any substantial changes from the Preliminary Development Plan approved by the Board of Supervisors, Planning Commission, or Zoning Administrator, the Director shall refer the Final Development Plan to the decision-maker with jurisdiction for approval.

b.

Final Development Plans under the jurisdiction of the Planning Commission or Zoning Administrator. A public hearing shall be required if the Planning Commission or Zoning Administrator is the decision-maker for the Development Plan.

1)

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

7.

When a Preliminary Development Plan has not been filed as provided in Section 35-174.2.3, the Final Development Plan shall be processed in compliance with Section 35-174.3 (Processing of Preliminary Development Plan.

8.

Coastal Development Permit processed in conjunction with a Final Development Plan. The related Coastal Development Permit shall be processed in compliance with Section 35-169 (Coastal Development Permits) including the requirement that the decision-maker shall hold at least one noticed public hearing for the related Coastal Development Permit where the Final Development Plan includes development that is appealable to the Coastal Commission in compliance with Section 35-182 (Appeals).

Section 35-174.7 Findings Required for Approval.

A Preliminary or Final Development Plan application shall be approved or conditionally approved only if the decision-maker first makes all of the following findings, as applicable:

1.

Findings for all Preliminary or Final Development Plans.

a.

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

b.

That adverse impacts are mitigated to the maximum extent feasible.

c.

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

d.

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

e.

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.

f.

That the project is in conformance with 1) the Comprehensive Plan, including the Coastal Land Use Plan, and 2) with the applicable provisions of this Article and/or the project falls with the limited exception

allowed under Section 35-161.7.

g.

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

h.

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

i.

Additional findings, identified in Division 16 (Montecito Community Plan Overlay District), are required for those parcels identified with the MON overlay zone.

2.

Additional findings for Final Development Plans that follow an approved Preliminary Development Plan. A Final Development Plan that follows an approved Preliminary Development Plan shall approved or conditionally approved only if the decision-maker first makes all of the following findings:

a.

The Final Development Plan is in substantial conformity with any approved Preliminary or Revised Preliminary Development Plan.

1)

If the Final Development Plan is under the jurisdiction of the Director, and the Director cannot find that the Final Development Plan is in substantial conformity with the Preliminary Development Plan, then the Director shall refer the Final Development Plan to the decision-maker that approved the Preliminary Development Plan.

Section 35-174.8 Conditions, Restrictions, and Modifications.

1.

At the time the Preliminary or Final Development Plan is approved, or subsequent Amendments or Revisions are approved, the Director, Zoning Administrator, Planning Commission or Board of Supervisors may modify the building height limit, distance between buildings, setback, yard, parking, building coverage, or screening requirements specified in the applicable zone district when the Director, Zoning Administrator, Planning Commission or Board of Supervisors finds the project justifies such modifications.

2.

As a condition of approval of any Preliminary or Final Development Plan, the Director, Zoning Administrator, Planning Commission or Board of Supervisors may impose any appropriate and reasonable conditions or require any redesign of the project as they may deem necessary to protect the persons or property in the

neighborhood, to preserve the neighborhood character, natural resources or scenic quality of the area, to preserve or enhance the public peace, health, safety, and welfare, or to implement the purposes of this Article.

3.

The Director, Zoning Administrator, Planning Commission or Board of Supervisors may require as a condition of approval of any Development Plan, the preservation of trees existing on the property.

Section 35-174.9 Requirements Prior to Commencement of Development Allowed by a Final Development Plan and Development Plan Expiration. (Amended by Ord. 4888, 10/10/2014)

1.

Prior to the commencement of the development and/or authorized use permitted by the Final Development Plan, 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 Final Development Plan 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.

b.

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

development and/or authorized use allowed by the Final Development Plan if the approval of a Substantial Conformity Determination in compliance with Section 35-174.10 (Substantial Conformity, Amendments and Revisions) is required as a result of changes to the project allowed by the Final Development Plan.

1)

If the approval of a Substantial Conformity Determination for all or a portion of the development and/or authorized use allowed by the Final Development Plan 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 to represent compliance with any conditions established by the Final Development Plan 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 (Coastal Development Permit required), 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 Final Development Plan.

1)

A Zoning Clearance is not required by 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 by the Department to represent compliance with any conditions established by the Final Development Plan 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 Zoning Clearance by the Director.

3.

Time limit, permit expiration and extension.

a.

Preliminary Development Plans. An approved or conditionally approved Preliminary Development Plan shall expire two years 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 expiration of the approved or conditionally approved Preliminary Development Plan and subsequently approved or conditionally approved.

b.

Final Development Plans.

1)

Final Development Plans without approved phasing plans. If at the time of approval of a Final Development Plan the Final Development Plan does not include an approved phasing plan for development of the project authorized by the Final Development Plan, the following time limits and extensions shall apply.

a)

Final Development Plans for agricultural developments. Within the Rural area as designated on the Coastal Land Use Plan maps, for lots with a base zone of AG-II and no designated Coastal Land Use or zoning overlays, an approved or conditionally approved Final Development Plans for agricultural development shall expire 10 years following the effective date of the approval and shall be considered void and of no further effect unless:

i)

Substantial physical construction has been completed on the development in compliance with an issued Coastal Development Permit, or

ii)

An application for a Time Extension is submitted prior to the expiration of the 10-year period and subsequently approved or conditionally approved in compliance with Section 35-179B (Time Extensions).

b)

Final Development Plans for other than agricultural developments. Except as provided in Subsection 3.b.1)a) (Final Development Plans for agricultural developments), above, Final Development Plans for other than agricultural developments shall expire five years following the effective date of the approval and shall be considered void and of no further effect unless:

i)

Substantial physical construction has been completed on the development, or

ii)

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

2)

Final Development Plans with approved phasing plans. If at the time of approval of a Final Development Plan the Final Development Plan includes a phasing plan for development of the project authorized by the Final Development Plan, then the required Zoning Clearance or Land Use Permit, 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.

a)

The time limit may be extended only by revising the phasing plan for development of the project authorized by the Final Development Plan in compliance with Subsection 1 (Substantial Conformity), Subsection 2 (Amendments) or Subsection 3 (Revisions) of Section 35-174.10 (Substantial Conformity, Amendments and Revisions).

b)

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

c)

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

i)

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

ii)

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

d)

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

e)

The Final Development Plan shall be considered to be void and of no further effect if the Coastal Development Permit approved in conjunction with the Development Plan has expired.

f)

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 Final Development Plan.

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

i)

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). This extension is not subject to Section 35-179B.D.3 (Development Plans (Preliminary and Final)) that limits the extension of the approval of a Development Plan to 12 months.

Section 35-174.10 Substantial Conformity, Amendments and Revisions. (Amended by Ord. 4811, 11/14/2013)

Changes to a Preliminary or Final Development Plan, shall be processed as follows:

1.

Substantial Conformity. The Director may approve a minor change to an approved Final Development Plan 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 Final Development Plan.

a.

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

b.

Processing.

1)

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.

4)

If a Coastal Development Permit was processed concurrently with the Development Plan under review, then a change to the Development Plan may also require approval of a minor change to the associated Coastal Development Permit in compliance with Section 35-169.10 (Minor Changes to Coastal Development Permits).

c.

Land Use Permit required. 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 35178 (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 approved 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 Final Development Plan.

d.

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

2.

Amendments. Where the Director is unable to determine that a requested change to an approved Final Development Plan is in substantial conformity with the approved permit in compliance with Subsection 1, above, the Director may instead amend a Final Development Plan 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 Director shall determine that the location within the project site that the subject of the application for the Amendment either:

1)

Was analyzed for potential environmental impacts and policy consistency as a 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)

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.

b

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

d)

Action and appeal.

i)

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 Zoning Administrator first makes all of the following 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 remain valid to accommodate the project as revised with the new development proposed by the applications for the Amendment and the Coastal Development Permit.

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 Final Development Plan.

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.

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)

c)

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

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 application for the Amendment.

ii)

That the environmental impacts related to the development proposed by the applications for the Amendment are determined to be substantially the same or less than those identified during the processing

of the previously approved Final Development Plan.

f)

Findings for the Coastal Development Permit. The application for the Coastal Development Permit shall be approved or conditionally approved only if the Director first makes all of the findings required in compliance with Subsection 35-169.5.1.

d.

1)

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)

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.

vi)

b)

Development that may not be appealed to the Coastal Commission. A Coastal Development Permit shall be approved and issued in compliance with Subsection 35-169.4.1. The Coastal Development 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 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)

v)

Until the applicant has signed the Coastal Development Permit.

2)

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)

v)

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

e.

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

3.

Revisions.

a.

A Revised Development Plan shall be required for changes to a Preliminary or Final Development Plan 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 Development Plan shall be processed in the same manner as a new Preliminary or Final Development Plan.

Section 35-175. - Specific Plans.

Section 35-175.1 Purpose and Intent.

1.

These regulations are based on the recognition that one parcel or a group of parcels of land which may be in separate ownership are suitable for a specific use or combination of uses, and should be planned as a unit to ensure protection of valuable resources and allow maximum flexibility in site planning.

2.

The purpose of the Specific Plan is to allow for a more precise level of planning for an area than is ordinarily possible in the Coastal Plan and to provide for a mixture of uses through comprehensive site planning.

3.

This section is adopted to guide in the preparation of a Specific Plan pursuant to the provisions of Article 8, Section 65450 - 6553 of the Government Code.

4.

For those parcels which require preparation of a Specific Plan as set forth in the Coastal Plan, the following regulations shall apply.

Section 35-175.2 Applicability.

1.

A Specific Plan shall not be considered adopted until a site development plan as described in Section 35175.3.2, together with the required accompanying data, have been approved by the Board of Supervisors as part of the Coastal Plan after consideration at public hearings and a recommendation by the Planning Commission.

2.

At the time of adoption of the Specific Plan, the Board of Supervisors shall make a determination as to whether the existing zoning on the property is consistent with the Specific Plan under the provisions of Section 65860(a) of the Government Code. If the Board of Supervisors finds that it is not consistent, then either the County of Santa Barbara or proponent of the Specific Plan shall initiate rezoning of the parcel(s) to bring the zoning into conformance with the Specific Plan.

3.

Although the Board of Supervisors may adopt the Specific Plan as part of the Coastal Plan, no construction shall commence on properties requiring a Specific Plan until a Final Development Plan, as provided in Section 35-174, has been approved.

Section 35-175.3 Contents of Specific Plans.

1.

As many copies of a Specific Plan as may be required shall be submitted to the Planning and Development Department.

2.

Unless specifically otherwise authorized in writing by the Director, the information submitted as part of the Specific Plan shall consist of a site development plan including a map or maps drawn to scale and other supplemental information indicating:

Acreage and approximate boundaries of the property;

b.

Contour maps showing topography and areas proposed for major re-grading;

c.

Approximate width and location of proposed streets and their connector roads and other major highways on surrounding property;

d.

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

e.

Location of areas of prime scenic quality, habitat resources, archaeological sites, water bodies, and areas with significant existing vegetation;

f.

Location of all proposed structures including but not limited to residential (distinguishing between the various types of residential structures, i.e., single family dwelling, duplex, apartment, condominium, etc.), industrial, and recreational structures, a description of the general dimensions and square footage of each of these structures, and an indication of the total number of and estimated total population for each type of dwelling unit;

g.

Location and amount of open space for use by prospective residents and the public;

h.

Location and description of proposed recreational facilities;

i.

Location of parking areas;

j.

A statement of intent with respect to establishment of utilities, services, and facilities, including water, sewage disposal, fire protection, police protection, and schools;

k.

If development is to occur in stages, a general indication of the sequence and time of construction of the various phases; and

Any other supplementary data requested by the Planning and Development Department.

Section 35-175.4 Processing.

1.

After receipt of the Specific Plan, the Planning and Development Department shall process the plan through environmental review.

2.

The Planning and Development Department shall refer the Specific Plan to the Subdivision/Development Review Committee for review and recommendation to the Planning Commission.

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

3.

The Planning Commission shall hold at least one public hearing on the Specific Plan. Notice of time and place of said hearing shall be given in accordance with the procedures set forth in Section 35-181 (Noticing). Any hearing may be continued from time to time.

4.

If the Planning Commission recommends approval, with or without modifications, the matter shall be

referred back to the Planning and Development Department and County Counsel for the preparation of an amendment adopting the Specific Plan as part of the Coastal Land Use Plan. The Planning Commission's recommendation on the Specific Plan and proposed Coastal Land Use Plan amendment shall be transmitted to the Board of Supervisors by resolution of the Planning Commission carried by the affirmative votes of not less than a majority of its total voting members. The resolution shall be accompanied by a statement of the Planning Commission's reasons for such recommendation.

5.

The Board of Supervisors shall hold at least one public hearing before adopting the proposed Specific Plan. The notice of time and place of said hearing shall be given in the same time and manner as provided for the giving of notice of the hearing by the Planning Commission. Any hearing may be continued from time to time.

6.

The Board of Supervisors shall not make any change or addition to any proposed Specific Plan thereto recommended by the Planning Commission until the proposed change or addition has been referred to the Planning Commission for a report and a copy of the report has been filed with the Board of Supervisors. Failure of the Planning Commission to report within 40 days after the reference shall be deemed to be approval of the proposed change or additions. It shall not be necessary for the Planning Commission to hold a public hearing on the proposed change or addition.

Upon adoption of a Specific Plan, no permits shall be issued for construction, erection, or moving in of any building, nor for grading, nor for any use of land which requires a Coastal Development Permit until a Final Development Plan as required under the applicable zoning district has been approved.

8.

Amendments to the Specific Plan shall be processed in the same manner as specified for adoption of an original Specific Plan except as provided for under Section 35-169.8.

Section 35-175.5 Findings Required for Approval.

A Specific Plan shall not be adopted unless all of the following findings are made:

1.

The Specific Plan is in conformance with all applicable Coastal Land Use Plan policies and incorporates any other conditions specifically applicable to the parcels that are set forth in these plans.

2.

The Specific Plan will not be detrimental to the health, safety, comfort, convenience, and general welfare of the neighborhood.

3.

The Specific Plan will not adversely affect such necessary community services as traffic, circulation, sewage disposal, fire protection, and water supply.

Section 35-176. - Oil and Gas Exploration and Production Plans.

Section 35-176.1 Purpose and Intent.

The purpose of Exploration and Production Plans is to provide for discretionary review of the specific design, layout, and provisions for oil and gas exploration, and/or production which may, because of facilities, scale, or location of development, have a significant potential for impacts on coastal resources. The intent of the requirements for Exploration and Production Plans is to insure that impacts on coastal resources from such activities are minimized, to the maximum extent feasible.

Section 35-176.2 Applicability of Exploration Plans.

No Coastal Development Permit shall be issued for any activity related to exploratory oil and gas drilling, including grading, for any property subject to the provisions of this section until an Exploration Plan has been approved as provided herein. No portion of any property not included within the boundaries of an approved Exploration Plan shall be entitled to any Coastal Development Permit for exploratory oil and gas drilling.

Section 35-176.3 Contents of Exploration Plan.

As many copies of an Exploration Plan as may be required shall be submitted to the Planning and Development Department. Unless otherwise specifically waived by the Director, the information to be

submitted as part of an Exploration Plan shall consist of the following:

1.

Description of land and title held by the applicant.

2.

A map showing acreage and boundaries of the lease area.

3.

A plot plan to scale which depicts:

a.

Location, use, size, and height of all proposed well locations, drilling pads, sumps, and equipment.

Location and width of existing and proposed roads.

Off-street parking areas.

Location, type, and height of fencing.

e.

Relationship of proposed facilities to other buildings, structures, and/or natural or artificial features, including habitats, prime agricultural land, recreational areas, scenic resources, and archaeological sites within 1,000 feet of any well.

4.

Photographs of the site taken from all directions from which it can be viewed by the public or adjacent residents.

5.

A written, narrative description of the objective of the project, operational characteristics, and measures that will be taken to eliminate or substantially mitigate adverse impacts on designated environmentally sensitive habitat areas, prime agricultural land, recreational areas, scenic resources, archaeological sites, and neighboring residents, due to the siting, construction, or operation of the proposed drill site.

6.

An oil spill contingency plan that specifies the location and type of cleanup equipment, designation of responsibilities for monitoring equipment, disposition of wastes, and reporting of incidents.

7.

Contour map showing topography and proposed grading for drilling pads, access roads, and any incidental equipment or facilities.

8.

A brief description of the manner in which the oil and/or natural gas will be produced, processed, and transported if the exploratory drilling program is successful.

9.

In addition to procedures for abandonment and removal of equipment contained in Sections 25-34 and 2535 of the County Code (Petroleum Ordinance), provisions shall be included in an Exploration Plan for appropriate contouring, reseeding, and landscaping to conform with the surrounding topography and vegetation.

10.

Information concerning the source, quantity and quality of water to be utilized in the drilling/production program, the manner in which the water will be transported and stored on-site, and the method of disposal of wastewater and other drilling wastes.

11.

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

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

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.

Section 35-176.4 Processing of Exploration Plan.

1.

After receipt of the Exploration Plan, the Planning and Development Department shall process the plan through environmental review. The exemption from environmental review in Section 25-4E of the County Code (Petroleum Ordinance) shall not apply within the Coastal Zone.

2.

The Planning and Development Department shall refer the Exploration Plan to the Subdivision/Development Review Committee for review and said Subdivision Committee shall consider the plan and make their recommendations to the Planning Commission.

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

3.

The Planning Commission shall then consider the Exploration Plan at a noticed public hearing and approve, conditionally approve, or disapprove the plan. The Planning Commission's action shall be final subject to appeal in compliance with Section 35-182 (Appeals).

4.

If the Exploration Plan is filed in conjunction with a Conditional Use Permit application, the Conditional Use Permit shall be processed as part of the Exploration Plan.

5.

The Director may approve minor changes to an approved Exploration Plan, provided that such changes do not allow additional wells to be drilled. Substantial changes to an Exploration Plan shall be processed in the same manner as the original plan except as provided for under Section 35-169.8. When approved by the Planning Commission, such revised plan automatically supersedes any previously approved plan.

Section 35-176.5 Findings Required for Approval of Exploration Plan.

An Exploration Plan shall only be approved if all of the following findings are made:

1.

There are no feasible alternative locations for the proposed exploratory drilling program that are less environmentally damaging.

2.

Adverse environmental effects are mitigated to the maximum extent feasible.

3.

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.

4.

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

5.

That the site is appropriate for subsequent oil and gas production, should the proposed drilling program be successful.

Section 35-176.6 Modifications of Development Standards.

1.

At the time the Exploration Plan is approved, the Planning Commission may modify the development standards specified in Section 35-152, Oil and Gas Facilities, where necessary or appropriate to permit drilling in accordance with the approved plan.

2.

As a condition of approval of any Exploration Plan, the Planning Commission may impose any appropriate and reasonable conditions or require any redesign of the project as deemed necessary to protect the persons or property in the neighborhood, to preserve the neighborhood character, natural resources or scenic quality of the area, to preserve or enhance the public health, safety, and welfare or to implement the purposes of this Article.

Section 35-176.7 Applicability of Production Plans.

No Coastal Development Permit shall be issued for any activity related to oil and gas production, including grading, for any property subject to the provisions of this section until a Production Plan has been approved as provided herein. No part of any property not included within the boundaries of an approved Production Plan shall be entitled to any Coastal Development Permits related to oil and gas production.

Section 35-176.8 Contents of Production Plans.

As many copies of a Production Plan as may be required shall be submitted to the Planning and Development Department. Unless otherwise specifically waived by the Director, the information to be submitted as part of a Production Plan shall include the following:

1.

All information and maps required under Section 35-176.3, Contents of Exploration Plans.

2.

A landscaping plan.

3.

Perspective views of all proposed buildings, structures, and fixed exterior equipment.

An analysis of the potential for the consolidation or collocation of facilities, including the clustering of wells and/or incidental equipment at production sites, or at other sites owned by the operator or another operator.

5.

A phasing plan for the staging of development which includes the estimated timetable for project construction, operation, completion, and abandonment.

6.

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

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

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.

Section 35-176.9 Processing of Production Plans.

1.

The Planning and Development Department shall process the plan through environmental review. The exemption from environmental review in Section 25-4E of the County Code (Petroleum Ordinance) shall not apply within the coastal Zone.

2.

After certification of the final environmental document, the Planning and Development Department shall refer the Production Plan to the Subdivision Committee for review and said Subdivision Committee shall consider the plan and make their recommendations to the Planning Commission.

3.

The Planning Commission shall then consider the Production Plan at a noticed public hearing and approve, conditionally approve, or disapprove the plan. The Planning Commission's action shall be final, subject to appeal in compliance with Section 35-182 (Appeals).

4.

If the Production Plan is filed in conjunction with a Conditional Use Permit application, the Conditional Use Permit shall be processed as part of the Production Plan.

5.

The Director may approve minor changes to an approved Production Plan, provided that such changes do not allow additional wells to be drilled, or increase the lease production capacity by more than 10 percent. Other changes to a Production Plan shall be processed in the same manner as the original plan except as provided for under Section 35-169.8. When approved by the Planning Commission, such revised plan automatically supersedes any previously approved plan.

Section 35-176.10 Findings Required for Approval of Production Plan.

A Production Plan shall only be approved if all of the following findings are made:

1.

There are no feasible alternative locations for the proposed production drilling program that are less environmentally damaging.

2.

Adverse environmental effects are mitigated to the maximum extent feasible.

3.

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.

4.

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

Section 35-176.11 Modifications of Development Standards.

1.

At the time the Production Plan is approved, the Planning Commission may modify the development standards specified in Section 35-153, Oil and Gas Facilities, where necessary or appropriate to permit oil and gas development and production in accordance with the approved plan.

2.

As a condition of approval of any Production Plan, the Planning Commission may impose any appropriate and reasonable conditions or require any redesign of the project as deemed necessary to protect the persons or property in the neighborhood, to preserve the neighborhood character, natural resources or scenic quality of the area, to preserve or enhance the public health, safety, and welfare, or to implement the purposes of this Article.

ion Plan, the Planning Commission may impose any appropriate and reasonable conditions or require any redesign of the project as deemed necessary to protect the persons or property in the neighborhood, to preserve the neighborhood character, natural resources or scenic quality of the area, to preserve or enhance the public health, safety, and welfare, or to implement the purposes of this Article.

Section 35-176.12 Requirements Prior to Commencement of Development Allowed by an Exploration Plan or Production Plan. (Added by Ord. 4888, 10/10/2014)

1.

Prior to the commencement of the development and/or authorized use permitted by an Exploration Plan or Production Plan, a Coastal Development Permit and a Zoning Clearance authorizing such development 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 allowed by an Exploration Plan or Production Plan 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.

b.

1)

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

Section 35-177. - Reclamation and Surface Mining Permits

Section 35-177.1 Purpose and Intent.

1.

This Section is adopted pursuant to the California Surface Mining and Reclamation Act of 1975 (Public Resources Code Section 2710 et seq.), hereinafter referred to as the State Act, and the California Administrative Code Regulations adopted pursuant thereto (14 Cal. Admin. Code Section 3500 et seq.), hereinafter referred to as the State Regulations.

2.

The Board hereby finds and declares that the extraction of minerals is essential to the continued economic well-being of the County and to the needs of the society and that the reclamation of mined lands is necessary to prevent or minimize adverse effects on the environment and to protect the public health and safety.

3.

The Board further finds that the reclamation of mined lands as provided in this Section, the State Act, and the State Regulations will permit the continued mining of minerals and will provide for the protection and subsequent beneficial use of the mined and reclaimed land.

4.

The Board further finds that surface mining takes place in diverse areas where the geologic, topographic, climatic, biological, and social conditions are significantly different and that reclamation operations and the specification therefore may vary accordingly.

5.

The Board further finds that the regulation of surface mining operations is to assure that:

a.

Adverse environmental effects are prevented or minimized and that mined lands are reclaimed to a usable condition which is readily adaptable for alternative land uses.

b.

The production and conservation of minerals are encouraged, while giving consideration to values relating to recreation, watershed, wildlife, range and forage, and aesthetic enjoyment.

Residual hazards to the public health and safety are eliminated.

Section 35-177.2 Incorporation of State Act and Regulations.

The provisions of the California Surface Mining and Reclamation Act of 1975 (Public Resources Code Sections 2710 - 2793) and the California Administrative Code Regulations implementing the Act (14 California Administrative Code Sections 3500-3508), as either may be amended from time to time, are made a part of this paragraph by reference, with the same force and effect as if the provisions therein were specifically and fully set out herein.

Section 35-177.3 Applicability.

Unless exempted by the provisions of the State Act or State Regulations, any person (as defined in the State Regulations) who proposes to engage in surface mining operations shall, prior to the commencement of such operation, obtain (1) a permit to mine and (2) approval of a reclamation plan, as provided in this section.

Any person who has engaged or proposes to engage in surface mining operations and who is exempt from the requirement of a surface mining permit, shall file and obtain approval, pursuant to this Section, of a reclamation plan for all operations conducted after January 1, l976, unless a reclamation plan was approved by the County prior to January 1, l976, and the person submitting that plan has accepted responsibility for carrying out that plan.

Section 35-177.4 California Environmental Quality Act.

1.

The approval of reclamation plans is exempt from the California Environmental Quality Act (CEQA) under the Class 8, categorical exemption as an action taken by the County, "as authorized by state law or local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involved procedures for protection of the environment." Class 8, Appendix B, County Guidelines for Implementing CEQA; 14 California Administrative Code Section 5108.

2.

The issuance of surface mining permits is not exempt from CEQA.

Section 35-177.5 Surface Mining Under Existing Zoning.

1.

In all zone districts other than the AG-II (Agriculture II), any surface mining is permitted only after approval of a Conditional Use Permit under Section 35-172.

2.

In the AG-II District, surface mining operations for building or construction material, including diatomaceous earth, are a permitted use requiring only a Coastal Development Permit pursuant to Section

35-169, but such operations that exceed 20,000 square feet will require environmental review before the Coastal Development Permit may be issued.