Santa Barbara County Municipal Code Appendix B Substantial Conformity Determination Guidelines

(Endorsed by Board of Supervisors, 12/15/1992)

On occasion, an applicant requests slight deviations from an approved action in order to carry out a project. The County Zoning Ordinance allows certain types of alterations from an approved project, following a determination of substantial conformity.

Procedure:

1. Applicant obtains an application for a Substantial Conformity Determination at the Zoning Counter and pays applicable fees which may vary depending on the complexity of the request.

2. The project manager, if they are still available, reviews the project description that was considered at the time of project approval.

3. The project manager considers key issues:

a. Has the project been the subject of substantial public controversy, or is there reason to believe the change is likely to create substantial public controversy?

b. Will the deviation result in a change to the project that would alter the scope and intent of the project the decision-makers acted on?

c. Would the deviation alter the public's perception of the project?

d. Would the deviation result in environmental effects not analyzed or discussed at the time of project approval and/or result in the need for additional mitigation measures?

If the answer to any of these basic questions is "yes", the project manager cannot make a determination of substantial conformity.

4. The project manager compares the request with established criteria. Listed below are criteria developed to assist in determining whether proposed changes to approved projects are in substantial conformity with the approved plans.

a. Does not conflict with project conditions of approval and/or final map conditions.

b. Does not result in health or safety impacts.

c. That the project facilities, operating procedures, environmental impacts, safety impacts, and the project's compliance with policies are substantially the same as those considered in the previous permit issued by the County.

d. That the changes proposed can be effectuated through existing permit conditions.

e. That the impacts and changes do not alter the findings that the benefits of the project outweigh the significant unavoidable environmental effects made in connection with the original approval.

f. Does not result in an increase of 1,000 square feet or more than 10 percent of building coverage of new structures over total project approvals, whichever is less.

g. Is clearly exempt from environmental review or was evaluated in the environmental review document prepared for the project and there are no new significant impacts related to the project change.

h. Does not require the removal of specimen trees or impact areas defined in the project environmental document as sensitive or designated as areas prohibiting structures.

i. Is consistent with Comprehensive and/or Coastal plan policies and applicable zoning ordinances.

j. Does not result in more than 50 cubic yards, and avoid slopes of 30 percent or greater (unless these impacts were addressed in the environmental assessment for the project and mitigation measures were imposed to mitigate said impacts and the proposal would not compromise the mitigation measures imposed or result in additional environmental impacts).

k. Is located within the same general location as, and is topographically similar to, approved plans. The location shall not be moved more than 10 percent closer to a property line than the originally approved development.

l. Does not result in an overall height which is greater than 10 percent above the approved height. The project must remain consistent with height requirements of the zoning district.

m. Receives BAR approvals for landscaping and structures, if necessary.

n. Does not result in intensification of use, e.g., no new employees, no increases in traffic, etc., if these were important to the previous environmental/policy analysis.

o. Does not affect easements for trails, public access, or open space.

5. Depending on the degree of complexity for a substantial conformity determination request, the project manager takes action as follows:

a. If a Substantial Conformity Determination request is minor, e.g., no additional conditions are required, is not controversial, does not alter the intent of the decision-makers action, with approval from their supervisor, the project manager issues the appropriate permit (LUP/CDP).

b. The project manager prepares a letter outlining the changes to be made and why they are being approved. The letter must be reviewed by a Supervising Planner, and possibly signed by the Deputy Director. If the case will be monitored, the letter is sent to Permit Compliance staff so they are aware of changes in the project.

c. If the findings to be made may be controversial, the project manager and Supervising Planner defer the decision to the Deputy Director.

6. If a Substantial Conformity Determination cannot be made regarding changes to a project, the applicant may:

a. Withdraw the request and continue with the project as approved, or

b. Submit a request to the Planning Commission for a Substantial Conformity Determination*, or apply for amendment or revision of the original permit.

*Please note: Substantial Conformity Determinations are made by the Planning Commission if: conditions specifically require Planning Commission determination, the applicant disagrees with staff's determination, or staff determines there are borderline issues which require Planning Commission attention.