Santa Barbara County Municipal Code Div. 11 Permit

Section 35-169. - Coastal Development Permits.¶

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

Section 35-169.1 Purpose and Intent.

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

Section 35-169.2 Applicability.

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

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

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

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

(Ord. No. 5194, § 30, 11-7-2023)

Section 35-169.3 Contents of Application.

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

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

a. North arrow and scale of drawing.

b. Site address.

c. Lot dimensions and boundaries.

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

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

f. Walls and fences: location, height and materials.

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

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

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

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

k. Loading zones: location, dimensions, number of spaces.

l. Lighting: general nature, locations and hooding devices.

m. Proposed street dedications and improvements.

n. Landscaping, if required.

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

p. For commercial and industrial projects indicate where applicable:

Number of motel or hotel units.
Seating capacity or square footage devoted to patrons.
Total number of employees.

q. All easements.

Source of water supply including a can and will serve letter from a public or private water district.
Any other information that the Planning and Development Department may require.

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

Coastal Development Permits for development that is not appealable to the Coastal Commission in compliance with Section 35-182 (Appeals) and is not processed in conjunction with a discretionary permit. This Section provides the processing requirements for applications for Coastal Development Permits that are not subject to Section 35-169.4.2 or Section 35-169.4.3 below.

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

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

b. The Director shall review the Coastal Development Permit application for compliance with the Comprehensive Plan including the Coastal Land Use Plan and any applicable community or area plan, this Article, and other applicable regulations, and approve, conditionally approve, or deny the Coastal Development Permit.

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

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

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).
Until the applicant has signed the Coastal Development Permit.
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.
Until all other necessary prior approvals have been obtained.

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

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

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

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

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

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

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

c. Decision-maker, hearing requirements and notice requirements.

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

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

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

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

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

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

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

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

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

d. Waiver of public hearing. The requirement for a public hearing may be waived by the Director in compliance with the following requirements. If the requirement for a public hearing is waived, then the Director shall be the decision-maker for the Coastal Development Permit. A listing of Coastal Development Permit applications for which a notice that the public hearing may be waived has been mailed shall be provided on the next available Zoning Administrator's hearing agenda following the mailing of the notice.

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

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

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

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

Notice that a public hearing shall be held upon request by any person is provided to all persons who would otherwise be required to be notified of a public hearing as well as any other persons known to be interested in receiving notice in compliance with Section 35-181 (Noticing).

a) The notice shall include a statement that failure by a person to request a public hearing may result in the loss of that person's ability to appeal any action taken on the Coastal Development Permit application to the County and the Coastal Commission.

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

e. No entitlement for development shall be granted prior to the effective date of the Coastal Development Permit. A Coastal Development Permit approved or conditionally approved in compliance with this Section 35-169.4.2 shall not be issued or deemed effective:

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).
Until the applicant has signed the Coastal Development Permit.
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.
Until all other necessary prior approvals have been obtained.
Within the 10 working days following the date of receipt by the Coastal Commission of the County's Notice of Final Action during which time an appeal of the action may be filed in compliance with Section 35-182 (Appeals).

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

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

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

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

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

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

Conditional Certificates of Compliance. An application for a Conditional Certificate of Compliance that is required to be recorded prior to the sale, lease or financing of a parcel of land that was not created in compliance with the laws and ordinances in effect at the time of the creation of the parcel.
Conditional Use Permits. An application for a Major Conditional Use Permit or a Minor Conditional Use Permit processed in compliance with Section 35-172 (Conditional Use Permits).

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

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

Demolition and Reclamation Permits. An application for a Demolition and Reclamation Permit processed in compliance with Section 35-170 (Abandonment of Certain Oil/Gas Land Uses).
Final Development Plans. An application for a Final Development Plan processed in compliance with Section 35-174 (Development Plans).

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

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

Lot Line Adjustment. An application for a Lot Line Adjustment to adjust the lot lines between no more than four adjacent lots, where the land taken from one lot is added to an adjacent lot and where a greater number of lots than existed is not thereby increased.
Modifications. An application for a Modification processed in compliance with Section 35-179 (Modifications) if the Coastal Development Permit for the development requested by the Modification is appealable to the Coastal Commission in compliance with Section 35-182 (Appeals).
Oil and Gas Exploration or Production Plans. An application for an Oil and Gas Exploration or Production Plan processed in compliance with Section 35-176 (Oil and Gas Exploration and Production Plans).
Tentative Map. An application for a Tentative Map including a Vesting Tentative Map, the approval of which is required prior to the recordation of a Final Map or Parcel Map, as applicable, that subdivides improved or unimproved land for the purpose of sale, lease or financing.
Variance. An application for a Variance processed in compliance with Section 35-173 (Variances) if the Coastal Development Permit for the development requested by the Variance is appealable to the Coastal Commission in compliance with Section 35-182 (Appeals).

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

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

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

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

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

f. Public hearing requirement.

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

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

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

In compliance with Public Resources Code Section 30603, the approval or conditional approval of a Coastal Development Permit for appealable development, including a Coastal Development Permit approved or conditionally approved in conjunction with a Conditional Use Permit (i.e., any development approved by a coastal county that is not designated as the principal permitted use under the zoning ordinance or zoning district map) is appealable to the Coastal Commission in compliance with Section 35-182 (Appeals).

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

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

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).
Until the applicant has signed the Coastal Development Permit.
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.
Until all other necessary prior approvals have been obtained.
For projects that are appealable to the Coastal Commission, within the 10 working days following the date of receipt by the Coastal Commission of the County's Notice of Final Action during which time an appeal of the action may be filed in accordance with Section 35-182 (Appeals).

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

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

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

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

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

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

a. The proposed development conforms:

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

b. The proposed development is located on a legally created lot.

c. The subject property and development on the property is in compliance with all laws, rules and regulations pertaining to zoning uses, subdivisions, setbacks and any other applicable provisions of this Article, and any applicable zoning violation enforcement fees and processing fees have been paid. This subsection shall not be interpreted to impose new requirements on legal nonconforming uses and structures in compliance with Division 10 (Nonconforming Structures and Uses).

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

a. Those findings specified in Section 35-169.5.1, above.

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

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

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

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

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

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

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

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

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

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

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

a. The expiration of the most recent time extension, or

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

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

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

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

Section 35-169.8 Revocation.

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

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

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

Section 35-169.10 Minor Changes to Coastal Development Permits.

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

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

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

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

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

d. The Coastal Development Permit has not expired.

e. The minor change is exempt from review by the Board of Architectural Review, pursuant to Section 35-184.3.

Where a minor change of an approved or issued Coastal Development Permit is approved, such permit shall have the same effective and expiration dates as the original Permit and no additional public notice shall be required.
The determination to allow a minor change to an approved or issued Coastal Development Permit, not defined as an Appealable Development under Section 35-58 of this Article (Definitions), shall be final and not appealable.

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

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

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

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

a. The minor change does not require additional environmental review;

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

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

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

e. The Coastal Development Permit has not expired; and

f. The minor change is exempt from review by the Board of Architectural Review pursuant to Section 35-184.3.

Where a minor change of an approved or issued Coastal Development Permit is approved, the permit shall have the same effective and expiration dates as the original permit and no additional public notice shall be required.
If the Director determines a proposed change to an approved Coastal Development Permit does not meet the above criteria, a new Coastal Development Permit shall be required.
Determinations made pursuant to this Subsection are not subject to Appendix D (Guidelines for Minor Changes to Land Use and Coastal Development Permits) or Appendix B (Substantial Conformity Determination Guidelines).
The determination to allow a minor change to an approved Coastal Development Permit for commercial cannabis cultivation is final and not subject to appeal except in accordance with Section 30625 of the Coastal Act.

(Ord. No. 5244, § 4, 10-21-2025)

Exceptions & meaning →

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

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

Section 35-170.1 Purpose and Intent

This section establishes procedures to achieve the timely abandonment of applicable land uses, and following such abandonment, the timely and proper removal of applicable oil and gas facilities, reclamation of host sites, and final disposition of pipelines, in compliance with applicable laws and permits. Such procedures ensure appropriate due process in differentiating idled from abandoned facilities and protect the vested rights of permittees while also ensuring that facilities with no reasonable expectation of restarting are removed, pursuant to the intent of enabling development permits. Timely abandonment provides a public benefit by avoiding unnecessary delays in remediating any residual contamination that may result during operations, and providing an effective means of mitigating several significant environmental and socioeconomic effects, including aesthetics, compatibility with surrounding land uses, and risk of default on demolition and reclamation obligations by the permittee.

Section 35-170.2 Applicability.

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

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

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

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

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

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

Section 35-170.3 Requirement to File an Application.

The permittee of a permitted land use shall submit an application to the Director for a Demolition and Reclamation Permit (Section 35-170.9 et seq.) upon intentional abandonment of a permitted land use, or an independent business function thereof.
The permittee of a permitted land use shall submit an application to the Director either to defer abandonment (Section 35-170.4 et seq.) or to obtain a Demolition and Reclamation Permit (Section 35-170.9 et seq.) upon the occurrence of either of the following:

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

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

Section 35-170.4 Filing an Application to Defer Abandonment.

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

Section 35-170.5 Contents of Application to Defer Abandonment.

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

Name, address, and contact information for permittee;
Name, address, and general description of the permitted land use
Date when permitted land use first became idle.
Reason for idle status.
Status of upstream production facilities, where applicable.
Listing of facility equipment that has been identified on a plan (submitted in satisfaction of a County, Fire, or Air Pollution Control District permit) and has been either removed from the site or is not currently in operational condition. Include an explanation of the affect this missing or inoperable equipment has on ability to restart operations and run all processes. Also explain measures necessary to bring inoperable equipment back into operational condition.
Plans and schedule to restart operations and identification of any facility components that would remain inactive after restart.
Identification of reasonable circumstances that may hinder the restart of operations according to plan and schedule.
Any other information deemed necessary by the Director.

Section 35-170.6 Processing of Application to Defer Abandonment.

The Director shall determine the completeness of any application and issue a completeness letter within 30 days of receipt. If the application is deemed incomplete, the Director shall specify in detail the deficiencies in the application.
The applicant shall submit information in response to an incompleteness letter within 60 days of receipt or, if it is not practicable to respond within a 60-day period, shall request an extension, not to exceed 60 additional days (total of 120 days to respond), within which to provide the required information.
The Director may choose, at his or her discretion, to conduct a public hearing to consider any application to defer abandonment. The public shall be given all reasonable opportunity to review the Director's recommended decision no less than ten days prior to conducting a public hearing on any application to defer abandonment in accordance with applicable noticing procedures specified in Section 35-181.
The Director shall refer an application to defer abandonment to the Fire Department and Air Pollution Control District for review and comment.

Section 35-170.7 Decision on Application to Defer Abandonment.

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

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

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

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

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

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

f. The Fire Department has issued an order requiring abandonment.

g. Any other evidence that shows clear intent to abandon.

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

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

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

The Director's decision shall be transmitted by a public notice pursuant to applicable provisions of Section 35-181.
The Director's decision may be appealed to the Planning Commission within 30 days of noticing such decision. The Director's decision shall be final upon conclusion with the 30-day appeal period if no appeals have been filed. All appeals shall follow procedures specified in Section 35-182.

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

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

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

Any permittee of a permitted land use that has not filed an application to defer abandonment pursuant to Section 35-170.4, or who has filed and that application has been denied, shall file an application for a Demolition and Reclamation Permit. The application for a Demolition and Reclamation Permit shall be filed no later than 180 days after an application to defer abandonment has been denied and all administrative appeals have been exhausted. If no application to defer abandonment has been filed, an application for a Demolition and Reclamation Permit shall be filed no later than 180 days after an event in Section 35-170.3.1 or Section 35-170.3.2 has occurred. The Director may grant extensions of time for good cause.

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

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

Name, address, and contact information for permittee.
Name, address, and general description of the permitted land use.
Gross and net acreage and boundaries of the property.
Location of all structures, above and underground, proposed to be removed.
Location of all structures, above and underground, proposed to remain in-place.
Location of all utilities on the property.
Location of all easements on or adjacent to the property that may be affected by demolition or reclamation.
To the extent known, the type and extent of all contamination and proposed remedial actions to the level of detail that can be assessed through environmental review. This information does not require a new or modified Phase 2 site assessment in advance of any such requirement by the Fire Department or State agencies with regulatory oversight of site assessments.
Location of areas of geologic, seismic, flood, and other hazards.
Location of areas of prime scenic quality, habitat resources, archeological sites, water bodies and significant existing vegetation.
Location and use of all buildings and structures within 50 feet of the boundaries of the property.
A proposed decommissioning plan that details the activities involved in removing structures from the site, including the following details: estimated number of workers required on site to decommission facilities and structures, disposition of equipment and structures proposed for decommissioning, projected method of transporting equipment, structures, and estimated debris from the site to the place of disposition as well as number of trips required, and an estimated schedule for decommissioning facilities.
A proposed waste-management plan to maximize recycling and minimize wastes.
Other permit applications as may be required by the Santa Barbara County Code to retain any existing structures, roadways, and other improvements to the property that were ancillary to the oil or gas operations and are proposed to be retained to support other existing or proposed uses of the property following abandonment of the oil and gas operations.
A proposed grading and drainage plan.
A proposed plan to convert site to natural condition or convert to another proposed land use, including a detailed schedule for restoring the site. In the latter case, include other applicable permit applications required, if any, for the proposed land use.
A statement of intent as to the disposition of utilities that served the oil and gas operations, including water, power, sewage disposal, fire protection, and transportation.
Measures proposed to be used to prevent or reduce nuisance effects, such as noise, dust, odor, smoke, fumes, vibration, glare, traffic congestion, and to prevent danger to life and property.
An application for a Coastal Development Permit for the development requested by the Demolition and Reclamation Permit application shall also be submitted and shall be processed concurrently and in conjunction with the Demolition and Reclamation Permit application except as follows:

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

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.

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

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

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

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

Jurisdiction.

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

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

Notice, public hearing and decision.

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

Notice of the pending decision of the Director on the Demolition and Reclamation Permit shall be given at least 10 days before the date of the Director's decision in compliance with Section 35-181 (Noticing).
The Director may approve, conditionally approve, or deny the Demolition and Reclamation Permit. Any denial shall be accompanied by an explanation of project revisions required in order that the project may be approved.
The action of the Director on the Demolition and Reclamation Permit is final subject to appeal in compliance with Section 35-182 (Appeals) except that the action may be appealed within the 30 calendar days immediately following the decision.

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

The Zoning Administrator shall hold at least one noticed public hearing on the requested Final Development Plan and approve, conditionally approve, or deny the request.
Notice of the hearing shall be given in compliance with Section 35-181 (Noticing).
The action of the Zoning Administrator is final subject to appeal in compliance with Section 35-182 (Appeals). Any denial shall be accompanied by an explanation of project revisions required in order that the project may be approved.

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

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

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

That significant adverse impacts to the environment due to demolition and reclamation are mitigated to a level of insignificance or, where impacts cannot feasibly be mitigated to insignificance, they are mitigated to the maximum extent feasible.
That, where applicable, streets and highways are adequate and properly designed to carry the type and quantity of traffic generated by the proposed demolition and reclamation.
That any conditions placed upon the operator or responsible party for assessment or remediation of soil or water contamination fully conform with the permitting process and requirements of the Regional Water Quality Control Board and the Santa Barbara County Fire Department.
That the proposed reclamation will not be detrimental to the health, safety, comfort, convenience, and general welfare of the neighborhood, and will not be incompatible with the surrounding area.
That the site will be restored to natural conditions unless any of the following conditions apply:

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

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

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

That any retention of improvements to land has been duly permitted in accordance with the County Code where permits are required.
That the proposed reclamation will leave the site in a condition that is compatible with any existing easements or dedications for public access through, or public use of a portion of the property.
That the permit conditions contain specific enforceable requirements to ensure the timely closure of the host site and completion of post-closure activities.

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

All equipment shall be cleaned of oil or other contaminants prior to dismantlement in order to reduce any risk of contamination of soils or water during demolition of the facility to the maximum extent feasible. Where applicable, the permittee shall prepare and submit a Spill Contingency Plan to the Fire Department. This plan shall identify measures to prevent and contain spills during dismantling and removal of facilities, as well as how spills will be cleaned up once they have occurred..
The permittee shall obtain all other necessary permits from other agencies and, where applicable, submit proof of permits issued by the California Division of Oil, Gas, and Geothermal Resources to plug and abandon wells or to inject waste water for purposes of disposal into any State oil and gas field prior to issuance of the Demolition and Reclamation Permit.
The demolition and reclamation shall be adequately monitored by a qualified individual, funded by the permittee and retained by the County, to ensure compliance with those conditions designed to mitigate anticipated significant, adverse effects on the environment and to provide recommendation in instances where effects were not anticipated or mitigated by the conditions in the permit. Pre- and post-reclamation surveys of sensitive resources shall be employed as appropriate to measure compliance.
Topsoil shall be stockpiled, covered, and saved for use as topsoil when excavated areas are back-filled, unless such soil is treated onsite or removed for offsite disposal due to contamination.
If appropriate, truck traffic transporting materials to and from the site shall avoid arriving or departing the site during the peak traffic hours of 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m. weekdays (or other peak-hour periods applicable to the location of the traffic).
Adequacy of sight distance, ingress/egress and emergency access shall be verified by the Public Works Department and Fire Department.
Measures shall be implemented to inhibit dust generation, where appropriate. Unavoidable generation of dust shall be kept to a minimum through effective controls.
The permittee implements a viable recycling plan that meets County approval and includes provisions to maximize recycling of equipment, asphalt, and concrete, and to minimize disposal of wastes into hazardous waste and solid waste management facilities to the maximum extent feasible.
Contouring of the land shall be compatible with the surrounding natural topography, unless otherwise approved to accommodate another permitted use or required drainages.
Appropriate measures shall be implemented to control erosion both during and after site closure.
Establishment of vegetation shall be in conformance with an approved revegetation plan and the following standards:

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

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

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

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

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

Appropriate notification has been recorded with the County Clerk-Recorder to update, supersede, or release the recorded rights-of-way where a subsurface pipeline is abandoned in-place. This notice shall describe the presence and location of the abandoned pipeline, any material placed in the pipeline for abandonment, and the operator and owner of the pipeline prior to abandonment.
The site shall be assessed for previously unidentified contamination. Any discovery of contamination shall be reported to the Director and the Fire Department. The permittee shall diligently seek all necessary permit approvals, including revisions to the Demolition and Reclamation Permit, if any are required in order to remediate the contamination.
The Director, in consultation with other County agencies, may impose other appropriate and reasonable conditions or require any changes to the project as deemed necessary to protect the health, safety, and welfare of the public, protect property, preserve the character, natural resources, or scenic quality of the area, or implement the purpose of this Chapter or any other chapter of the County Code.
In the case of an Independent Business function of a Permitted Land Use, the Director shall have discretion to determine the timing and extent of the requirements of the Demolition and Reclamation Permit. Factors that the Director may consider include:

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

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

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

Section 35-170.14 Revocation of Entitlement to Land Use.

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

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

b. Conditions that specify payment of County fees and costs.

c. Conditions that indemnify the County.

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

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

f. Where applicable, conditions that require emergency preparedness and response.

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

h. Where applicable, conditions that require site security.

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

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

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

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

All use permits issued under this ordinance, or under any preceding zoning ordinance, shall be automatically revised to remove any entitlement to continue the use of any independent business function of a permitted land use determined to be abandoned in accordance with Section 35-170. However, permit conditions necessary to ensure continued protection of public and environmental health, safety and welfare, such as those identified in Section 35-170.14.1, shall continue in full force and effect.
The permittee shall have a grace period of two years from the date of revocation of entitlements in use permits in order to secure a Demolition and Reclamation Permit. The Director may extend the grace period no more than one year, cumulatively, for good cause, or for longer periods for delays attributable to circumstances beyond the permittee's control.
Upon completion of the grace period, the abandoned land use or independent business function shall be treated as a deserted and illegal land use until such time that the permittee secures approval of a Demolition and Reclamation Permit.

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

Requirements. The permittee shall complete all requirements of the Demolition and Reclamation Permit prior to the expiration of the permit, including any extensions thereof. Failure to do so shall constitute a violation of this Article.
Term. Demolition and Reclamation Permits shall expire upon issuance of a "Reclamation Complete" letter by the Director, which shall be issued upon the satisfactory completion of the required work, or seven years after the date of issuance, whichever occurs sooner. Director's "Reclamation Complete" letter shall certify completion of all required work except for remediation of contamination, which is certified by other agencies.
Extensions. The Director may extend the expiration date of the permit without penalty if the closure or re-vegetation of the site was delayed by circumstances reasonably beyond the permittee's control. Otherwise, Director may extend the expiration date of the permit with penalties, pursuant to Section 35-185 of this Article, in order to realize completion of all site closure and post-closure requirements. If the permittee requests a time extension for this project, the Director may revise the Demolition and Reclamation Permit to revise conditions and mitigating measures or to add new conditions and mitigating measures, which reflect changed circumstances, including newly identified impacts.

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

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

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

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

b. Processing.

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

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

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

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

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

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

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

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

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

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

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
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.

Development that may be appealed to the Coastal Commission.

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

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

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

d) Action and appeal.

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

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

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

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

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

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

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

Development that may not be appealed to the Coastal Commission.

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

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

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

d) Action and appeal.

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

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

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

i) That the findings required for approval of the Final Development Plan, including any environmental review findings made in compliance with the California Environmental Quality Act, that were previously made when the Final Development Plan was initially approved are still applicable to the project with the addition of the development proposed by the applications for the Amendment.

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

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

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

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

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

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

iii) Until all necessary prior approvals have been obtained.

iv) Until the applicant has signed the Coastal Development Permit.

v) 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).

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

i) Prior to expiration of the appeal period or, if appealed, prior to final action on the appeal by the decision-maker 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.

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

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

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

iii) Until all necessary prior approvals have been obtained.

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

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

Revisions.

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

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

Exceptions & meaning →

Section 35-171. - Emergency Permits.¶

Section 35-171.1 Purpose and Intent.

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

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

Section 35-171.2 Applicability

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

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

Section 35-171.3 Application Procedures.

Method. Applications in cases of emergencies shall be made to the Director by letter if time allows, and by telephone or in person if time does not allow.
Information required. Applications should contain the following information:

a) The nature of the emergency;

b) The cause of the emergency;

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

c) The location of the emergency;

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

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

f) The identities of other public agencies alerted to the emergency;

g) The access routes to the emergency site(s);

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

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

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

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

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

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

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

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

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

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

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

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

The issuance of an Emergency Permit shall not constitute an entitlement to the erection of permanent structures. An application for a Coastal Development Permit and any discretionary permit required by this Article shall be made no later than 30 days following the granting of an Emergency Permit; any materials required for a completed application shall be submitted within 90 days after the issuance of the emergency permit, unless this time period is extended by the Planning and Development Department.

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

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

Section 35-171.6 Reporting Requirements of the Director.

The Director shall report, in writing, to the California Coastal Commission and to the Board of Supervisors at its first scheduled meeting after the Emergency Permit has been issued, the nature of the emergency and the work involved. Copies of this report shall be available at the meeting and shall be mailed to all persons who have requested such notification in writing.
The report of the Director shall be informational only; the decision to issue an Emergency Permit is solely at the discretion of the Director subject to the provisions of Section 35-171 et seq.

Exceptions & meaning →

Section 35-172. - Conditional Use Permits.¶

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

Section 35-172.1 Purpose and Intent.

The purpose of this section is to provide for uses that are essential or desirable but cannot be readily classified as principal permitted uses in individual districts by reason of their special character, uniqueness of size or scope, or possible effect on public facilities or surrounding uses. The intent of this section is to provide the mechanism for requiring specific consideration of these uses.

Section 35-172.2 Applicability.

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

Section 35-172.3 Jurisdiction.

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

Section 35-172.4. Minor Conditional Use Permits.

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

Fences, walls, gates and gateposts pursuant to Section 35-123 (Fences, Walls, Gates and Gateposts).
Special Care Homes in compliance with Section 35-143 (Community Care Facilities).

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

Animals, use of property for animals different in kind or greater in number than otherwise permitted in this Article, except as provided in Section 35-144H (Wildlife Species Rehabilitation).
Communication facilities, as specified in and governed by Section 35-144F.
Day care centers serving adults in compliance with Section 35-143 (Community Care Facilities).

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

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

(Ord. No. 5168, § 21, 11-29-2022)

Section 35-172.5 Major Conditional Use Permits.

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

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

a. Clinics.

b. Club.

c. Conference center.

d. Country clubs.

e. Hospitals, sanitariums nursing homes, and rest homes.

f. Library.

g. Mausoleum.

h. Mortuary, crematory or funeral home.

i. Museum.

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

a. Airstrip - temporary.

b. Cemetery.

c. Church.

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

e. Educational facilities, not including child care facilities.

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

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

h. Fairgrounds.

i. Golf courses and driving ranges.

j. Helistops.

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

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

m. Polo fields and playing field for outdoor sports.

n. Rodeo.

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

p. Stable, commercial (including riding and boarding).

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

r. Public safety facility.

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

Section 35-172.6 Contents of Application.

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

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

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

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

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

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

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

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

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

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

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

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

After receipt of an application for a Conditional Use Permit, the Department shall review the application in compliance with the California Environmental Quality Act.
Notice of the filing of an application shall be given in compliance with Section 35-181 (Noticing).
The Department shall refer the Conditional Use Permit application to the Subdivision/Development Review Committee for review and recommendation to the decision-maker.
Design review required. Except for Residential Second Units approved in compliance with Section 35-142 (Residential Second Units), the following applications shall be subject to Design Review in compliance with Section 35-184 (Board of Architectural Review).

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

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

c. An application for a Major Conditional Use Permit.

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

The decision-maker shall hold at least one public hearing on the requested Conditional Use Permit and Coastal Development Permit, if applicable, and approve, conditionally approve, or deny the request.
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).
The action of the decision-maker is final subject to appeal in compliance with Section 35-182 (Appeals).

a. In compliance with Public Resources Code Section 30603, a Coastal Development Permit on a conditionally permitted use is appealable to the Coastal Commission in compliance with in Section 35-182.4 (Appeals).

Conditional Use Permits may be granted for such period of time and subject to such conditions and limitations as may be required to protect the health, safety, and general welfare of the community. Such conditions shall take precedence over those required in the specific zone districts.
In the case of a Conditional Use Permit application where the project is subject to Development Plan requirements, a Development Plan shall be required in addition to obtaining a Conditional Use Permit, except for the following:

a. Commercial telecommunication facilities that are permitted by a Conditional Use Permit pursuant to Section 35-144F (Commercial Telecommunication Facilities) provided that any structure constructed or erected as part of the telecommunications facility shall only be used as part of the telecommunication facility and shall be removed pursuant to Section 35-144F.E.4 (Abandonment-Revocation).

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

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

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

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

Section 35-172.8 Findings Required for Approval.

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

That the site for the project is adequate in size, shape, location and physical characteristics to accommodate the type of use and level of development proposed.
That adverse environmental impacts are mitigated to the maximum extent feasible.
That streets and highways are adequate and properly designed to carry the type and quantity of traffic generated by the proposed use.
That there are adequate public services, including but not limited to fire protection, water supply, sewage disposal, and police protection to serve the project.
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.
That the project is in conformance with the applicable provisions and policies of this Article and the Coastal Land Use Plan.
That in designated rural areas the use is compatible with and subordinate to the scenic and rural character of the area.
That the project will not conflict with any easements required for public access through, or public use of the property.
That the proposed use is not inconsistent with the intent of the zone district.

Section 35-172.9 Requirements Prior to Commencement of Conditionally Permitted Uses and Permit Expiration.

(Amended by Ord. 4811, 11/14/2013; Ord. 4888, 10/10/2014)

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

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

The County in compliance with Section 35-169 (Coastal Development Permits), or
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 the development and/or authorized use allowed by the Conditional Use Permit if the approval of a Substantial Conformity Determination in compliance with Section 35-172.11 (Substantial Conformity, Amendments and Revisions) is required as a result of changes to the project allowed by the Conditional Use Permit.

If the approval of a Substantial Conformity Determination for all or a portion of the development and/or authorized use allowed by the Conditional Use Permit occurs following the approval of a Zoning Clearance for the same development and/or authorized use, then the extent of the project allowed by the Land Use Permit is limited to that portion of the project which is the subject of the Substantial Conformity Determination.
Under this Subsection 2.b (Land Use Permit required), the Land Use Permit is the final planning permit required by the County to represent compliance with any conditions established by the Conditional Use Permit and/or Coastal Development Permit and does not have any effect on the associated Coastal Development Permit.
If the Coastal Commission is the decision-maker for the Coastal Development Permit in compliance with Subsection 2.a, above, then the approval of the Coastal Development Permit by the Coastal Commission shall occur prior to the issuance of the Land Use Permit by the Director.

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

A Zoning Clearance is not required for any portion of the development and/or use that is allowed in compliance with a Land Use Permit issued in compliance with Subsection 2.b (Land Use Permit required), above.
Under this Subsection 2.c (Zoning Clearance required), the Zoning Clearance is the final planning permit required to represent compliance with any conditions established by the Conditional Use Permit and/or Coastal Development Permit and does not have any effect on the associated Coastal Development Permit.
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.

Time limit, permit expiration and extension.

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

The time limit shall be a reasonable time based on the nature and size of the proposed development or use.
If a time limit is not specified, the time limit shall be 18 months from the effective date of the Conditional Use Permit.
An approved Conditional Use Permit shall expire and be considered void and of no further effect if:

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

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

b. Conditional Use Permits with approved phasing plans. If at the time of approval of a Conditional Use Permit the Conditional Use Permit includes a phasing plan for development of the project authorized by the Conditional Use Permit, then the required Land Use Permit, or Zoning Clearance, as applicable, shall be issued within the time limit(s) established by the phasing plan. The phasing plan shall include a timeline within which each project component shall be constructed and the conditions of approval that must be satisfied prior to each phase of construction.

The time limit may be extended only by revising the phasing plan for development of the project authorized by the Conditional Use Permit in compliance with Section 35-172.11 (Substantial Conformity, Amendments and Revisions).
If the required time limit(s) in which the required Land Use Permit or Zoning Clearance for the first phase of the project authorized by the Conditional Use Permit shall be issued has expired and an application to revise the phasing plan has not been submitted, then the Conditional Use Permit shall be considered void and of no further effect.
If the required time limit(s) in which the required Land Use Permit or Zoning Clearance for any subsequent phase of the project authorized by the Conditional Use Permit shall be issued has expired and an application to revise the phasing plan has not been submitted, then:

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

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

A Coastal Development Permit shall be processed concurrently and in conjunction with a Conditional Use Permit with a phasing plan in compliance with Section 35- 169.4.3.a.1.
A Conditional Use Permit with an approved phasing plan shall be considered to be void and of no further effect if the associated Coastal Development Permit has expired.
The time limit(s) specified in the phasing plan shall require that all required Land Use Permits shall be issued within 10 years of the effective date of the Conditional Use Permit.

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

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

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

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

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:

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.

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

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.

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).

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:

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
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.

The Department shall review the applications in compliance with the requirements of the California Environmental Quality Act.
The Department shall refer the applications to the Board of Architectural Review and the Subdivision/Development Review Committee for review and recommendations to the decision-maker. This requirement may be waived by the Director if the Director determines that the requirement is unnecessary.
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).

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.

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:

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:

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.

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).
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.
Until all necessary prior approvals have been obtained.
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).
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.

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.

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.
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.
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:

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.

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.

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.

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.

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.

Exceptions & meaning →

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.

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.

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).
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.
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:

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

Exceptions & meaning →

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

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.
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.

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.
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.
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.

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.
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:

Gross and net acreage and boundaries of the property.
Location of areas of geologic, seismic, flood, and other hazards.
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.
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.
Location of all utilities.
Location and use of all buildings and structures within 50 feet of the boundaries of the property.
Location and amount of land devoted to public purposes, open space, landscaping, and recreation.
Location and number of parking spaces.
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:

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.
Parking ratio - parking spaces per building square foot, number of employees or dwelling units, whichever is applicable.
Building coverage of the site in terms of percentage of the total net land area.
Estimated number of potential residents in each residential category.
Number of employees and number of proposed new employees if applicable.
Average slopes.
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.

k. 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.

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.
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.
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)

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 35-174.2.

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

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

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.
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.

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.

c. 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:

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.
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:

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.

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.
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).

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

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 decision-maker in compliance with this Article.
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.

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

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.
Notice of the hearing shall be given in compliance with Section 35-181 (Noticing).
The action of the decision-maker is final subject to appeal in compliance with Section 35-182 (Appeals).

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.
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:

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.

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.

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.

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.
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.
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)

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.
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:

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

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.
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.
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.

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.
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.
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.

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.

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).

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:

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.

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.
The action of the Director is final and not subject to appeal, including an appeal to the Coastal Commission.
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 35-178 (Land Use Permits) shall be required.

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.

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).

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:

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
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.

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.

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

d) Action and appeal.

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

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

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

e) Findings for the Amendment. The application for the Amendment shall be approved or conditionally approved only if the 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.

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.

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

d) Action and appeal.

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:

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. 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.

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

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

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.

v) Until the applicant has signed the Coastal Development Permit.

vi) 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).

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 decision-maker 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.

v) Until the applicant has signed the Coastal Development Permit.

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

i) Prior to expiration of the appeal period or, if appealed, prior to final action on the appeal by the decision-maker 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.

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.

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.

Exceptions & meaning →

Section 35-175. - Specific Plans.¶

Section 35-175.1 Purpose and Intent.

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.
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.
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.
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.

A Specific Plan shall not be considered adopted until a site development plan as described in Section 35-175.3.2, 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.
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.
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.

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

a. 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

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

Section 35-175.4 Processing.

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

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.
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.
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.
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.
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:

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.
The Specific Plan will not be detrimental to the health, safety, comfort, convenience, and general welfare of the neighborhood.
The Specific Plan will not adversely affect such necessary community services as traffic, circulation, sewage disposal, fire protection, and water supply.

Exceptions & meaning →

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:

Description of land and title held by the applicant.
A map showing acreage and boundaries of the lease area.
A plot plan to scale which depicts:

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

b. Location and width of existing and proposed roads.

c. Off-street parking areas.

d. 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.

Photographs of the site taken from all directions from which it can be viewed by the public or adjacent residents.
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.
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.
Contour map showing topography and proposed grading for drilling pads, access roads, and any incidental equipment or facilities.
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.
In addition to procedures for abandonment and removal of equipment contained in Sections 25-34 and 25-35 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.
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.
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:

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.

Section 35-176.4 Processing of Exploration Plan.

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.
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)

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).
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.
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:

There are no feasible alternative locations for the proposed exploratory drilling program that are less environmentally damaging.
Adverse environmental effects are mitigated to the maximum extent feasible.
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.
The development is in conformance with the applicable provisions of this Article and the policies of the Coastal Land Use Plan.
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.

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.
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:

All information and maps required under Section 35-176.3, Contents of Exploration Plans.
A landscaping plan.
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.
A phasing plan for the staging of development which includes the estimated timetable for project construction, operation, completion, and abandonment.
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:

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.

Section 35-176.9 Processing of Production Plans.

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.
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.
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).
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.
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:

There are no feasible alternative locations for the proposed production drilling program that are less environmentally damaging.
Adverse environmental effects are mitigated to the maximum extent feasible.
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.
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.

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.
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.

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)

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.
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:

The County in compliance with Section 35-169 (Coastal Development Permits), or
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. 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 allowed by an Exploration Plan or Production Plan.

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.
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.

Exceptions & meaning →

Section 35-177. - Reclamation and Surface Mining Permits¶

Section 35-177.1 Purpose and Intent.

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.
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.
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.
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.
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.

c. 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.

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

Section 35-177.5 Surface Mining Under Existing Zoning.

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.
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.

Section 35-177.6 Procedures.

Each applicant shall submit to the Planning and Development Department, together with the required fees as set by the Resolution of the Board of Supervisors, the number of copies of the application (on an application form supplied by said department) and of such plans, elevations, and descriptions as are required by said Department. The term application shall include not only original applications, but also any subsequent amendments to permits or plans. Upon receipt of a complete application for a reclamation plan or surface mining permit, the Director shall promptly forward one copy thereof to the following County officials; for a surface mining permit - Director of Public Works, Transportation, Environmental Health, and the Flood Control Engineer and Fire Chief; for a reclamation plan - Director of Public Works (who shall consult with the appropriate Resource Conservation District), Flood Control Engineer, and Director of Environmental Resources. Each of said County officials shall, within 30 days after the date of transmittal of said copy of said application, make a written report to the Planning Commission as to any recommendations with respect to the use or plan contemplated by the application and its bearing on his functions. Failure to submit such report within said 30 days shall be deemed approval of said application without conditions.
The Planning and Development Department shall notify the State Geologist of the filing of an application for a permit to conduct surface mining operations and shall forward a copy of each permit and approved reclamation plan to the Los Angeles Office of the State Division of Mines and Geology.
Within 60 days after the receipt of a complete application, the Planning Commission, after holding at least one noticed public hearing on each application, may approve the application. Notice of the hearing on a surface mining permit shall be given in accordance with Section 35-181 (Noticing). Notice of the hearing on a reclamation plan shall be given to the applicant and property owner, if other than the applicant. The decision of the Planning Commission of the application shall be reported to the Board of Supervisors.
The decisions of the Planning Commission with respect to reclamation plans and surface mining permits shall be final except that within 12 days after the action of the Planning Commission, the Board of Supervisors, on its own initiation, may modify or reverse the action of the Planning Commission by order and any action of the Planning Commission is subject to appeal in compliance with Section 35-182 (Appeals).

Section 35-177.7 Standards.

The standards for approval of reclamation plans and for issuance of surface mining permits shall be those contained in the State Act and State Regulations.

Section 35-177.8 Performance Security.

Purpose. The intent of this subparagraph is to insure that reclamation will proceed in accordance with the approved reclamation plan (as may be amended), and to avoid economic waste in the requirement of security.
Requirement, Forms and Amount of Security. As a condition of approval of any reclamation plan, to secure the operator's performance, the Planning Commission may require one or more forms of security which will be released upon satisfactory performance, including: a corporate surety bond; corporate or government securities; cash; if acceptable to the operator, a lien against the operator's interests in the mined lands; or solely the bond of the operator itself. The aggregate of any such security shall be in an amount determined by the Public Works Department to equal the cost of completing the reclamation required during the succeeding two year period or other reasonable term.
Bond Operator. In determining whether to accept the bond of the operator itself without a separate surety or other form of security, the Planning Commission shall consider, without limitation: 1) the financial strength of the operator; 2) the assets within California; 3) its past performance on contractual obligations with public entities; and 4) whether there is a suitable agent of the operator within this County to receive service of process.
Lien with Operator's Consent. If the Planning Commission requires security other than the bond of the operator itself, and if the full value of the taxable assets of the operator within this County exceeds to the extent deemed sufficient by the Planning Commission the estimated cost of completing the reclamation required during the succeeding two year period or other reasonable term only with the operator's consent, the Planning Commission shall require a lien rather than a corporate surety bond or other form of security.
Review of Security. Whenever requested by the Public Works Department or the operator, the Planning Commission shall review and may thereupon change the form(s) or amount of security required.

Section 35-177.9 Periodic Compliance Inspections.

Surface mining permits or approved reclamation plans issued or approved pursuant to this section, shall provide for periodic compliance inspections by the Public Works Department. Fees based on an hourly charge for such periodic compliance inspections for such permits or plans shall be established by Resolution of the Board of Supervisors and paid by the operator.

Section 35-177.10 Revocation and Voidability of Surface Mining Permits.

A surface mining permit issued pursuant to this Section shall be null and void and automatically revoked if:

a. Within three years after the granting of said permit, the surface mining operations authorized by the permit have not been established; or

b. A use permitted under a surface mining permit issued subsequent to that effective date of this section is discontinued for a period of more than three years.

c. Provided, however, that prior to the expiration of such three year period the Board of Supervisors, after recommendation by the Planning Commission, may extend such three year period for good cause shown.

After written notice to the permittee and a hearing thereon, the Planning Commission may revoke a surface mining permit issued pursuant to this section, if any of the conditions of the permit are not complied with.

Section 35-177.11 Interim Management Plan Requirements. (Added by Ord. 4884, 09/08/2016)

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

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

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

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

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

a. Within 60 days of receipt of the interim management plan, or longer period mutually agreed upon by the Department and the operator, the Director shall review, and approve or deny the plan in compliance with Section 35-177.6 (Procedures), above, except that a public hearing is not required.

The operator shall have 30 days, or a longer period mutually agreed upon by the operator and the Department, to submit a revised plan.
The Director shall approve or deny the revised interim management plan within 60 days of receipt of the plan.
An action of the Director to deny the revised interim management plan is final subject to appeal in compliance with Section 35-182 (Appeals).

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

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

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

c. An action of the Director to either renew the interim management plan or require the commencement of reclamation is final subject to appeal in compliance with Section 35-182 (Appeals).

Exceptions & meaning →

Section 35-178. - Land Use Permits.¶

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

Section 35-178.1 Purpose and Intent.

Purpose. This Section establishes procedures and findings for the issuance of, and effective time periods for, Land Use Permits, where the County approves certain discretionary permits for new development and either the County or the Coastal Commission approves the Coastal Development Permit under the following circumstances:

a. Coastal Development Permits approved by the Coastal Commission. The Coastal Commission approves the Coastal Development Permit when the development is:

Located within the retained permit jurisdiction of the Coastal Commission; or
Located in areas where the County's Local Coastal Program has not been certified by the Coastal Commission.

The approval of a Land Use Permit by the County is required following the approval of the Coastal Development Permit approved by the Coastal Commission.

b. Coastal Development Permits approved by the County. The County approves a Coastal Development Permit in conjunction with the approval of a Conditional Use Permit or Development Plan, provided the development is not subject to Section 35-178.1.a above. In these cases, the Land Use Permit is the final permit required by the Planning and Development Department to represent compliance with any conditions established by the County in the Conditional Use Permit or Development Plan, and does not have any effect on the associated Coastal Development Permit.

Intent. The intent of this Section is to ensure that development proposals are in compliance with the provisions of this Article, the Comprehensive Plan, including the Coastal Land Use Plan and any applicable community or area plan, and any conditions established by the County.

Section 35-178.2 Applicability.

The provisions of this Section shall apply to all development and uses listed within this Article as requiring a Land Use Permit, including development and uses identified in Section 35-178.1 above.

Section 35-178.3 Contents of the Application.

As many copies of an application as may be required shall be submitted to the Planning and Development Department. Said application shall include a site plan which indicates clearly and with full dimensions the following information, if applicable:

a. North arrow and scale of drawing.

b. Site address.

c. Lot dimensions.

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

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

f. Walls and fences: location, height and materials.

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

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

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

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

k. Loading spaces: location, dimensions, number of spaces.

l. Lighting: general nature, locations and hooding devices.

m. Proposed street dedications and improvements.

n. Landscaping, if required.

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

p. For commercial and industrial projects indicate where applicable:

Number of motel or hotel units.
Seating capacity or square footage devoted to patrons.
Total number of employees.

q. All easements.

Section 35-178.4 Processing.

The Director shall review the Land Use Permit application for compliance with the Comprehensive Plan, including the Coastal Land Use Plan and any applicable community or area plan, this Article, and other applicable regulations, and approve, conditionally approve, or deny the Land Use Permit.
The action of the Director is final subject to appeal in compliance with Section 35-182 (Appeals).
A Land Use Permit approved in compliance with this Section shall not be issued and deemed effective:

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

b. 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.

c. Until all necessary approvals, including issuance of a Coastal Development Permit by the California Coastal Commission if required, have been obtained.

In the case of a development which requires a public hearing and final action by the Planning Commission or the Zoning Administrator, or final action by the Director, any subsequently required Land Use Permit shall not be approved or issued within 10 calendar days following the date that the Planning Commission, Zoning Administrator, or Director took final action, during which time an appeal may be filed in compliance with Section 35-182 (Appeals).
If a Land Use Permit is requested for property subject to a resolution of the Board initiating a rezoning or amendment to this Article, a Land Use Permit shall not be approved or conditionally approved while the proceedings are pending on such rezoning or amendment unless (1) the proposed uses or structures will conform to both the existing zoning and existing provisions of this Article and the rezoning or amendment initiated by the Board or (2) the effective date of a Preliminary or Final Development Plan approved in compliance with Section 35-174 (Development Plans) precedes the adoption of the Board's resolution and the proposed uses and structures are in conformance with the approved Preliminary or Final Development Plan.

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

Section 35-178.5 Findings Required for Approval of a Land Use Permit.

A Land Use Permit shall be approved or conditionally approved only if the decision-maker first makes all of the following findings:

The proposed development conforms:

a. To the applicable policies and provisions of the Comprehensive Plan, including the Coastal Land Use Plan and,

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

The proposed development is located on a legally created lot.
The subject property is in compliance with all laws, rules, and regulations pertaining to zoning uses, subdivisions, setbacks and any other applicable provisions of this Article, and any applicable zoning violation enforcement fees and processing fees have been paid. This subsection shall not be interpreted to impose new requirements on legal nonconforming uses and structures in compliance with Division 10 (Nonconforming Structures and Uses).

Section 35-178.6 Permit Expiration and Extension. (Amended by Ord. 4811, 11/14/2013; Ord. 4888, 10/10/2014)

Approved and conditionally approved Land Use Permits. Except as provided in Subsection 1.a, below, an approved or conditionally approved Land Use Permit shall expire 12 months from the effective date and shall be considered void and of no further effect unless an application for a Time Extension is submitted prior to the expiration of the approved or conditionally approved Land Use Permit and subsequently approved or conditionally approved in compliance with Section 35-179B (Time Extensions).

a. An unexpired, approved or conditionally approved Land Use Permit that has not been issued as of November 14, 2013 shall expire on November 14, 2014 and shall be considered void and of no further effect unless an application for a Time Extension is submitted prior to the expiration of the approved or conditionally approved Land Use Permit and subsequently approved or conditionally approved in compliance with Section 35-179B (Time Extensions).

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

a. The use or structure for which the Land Use Permit was issued has been established or commenced in conformance with the issued Land Use Permit, or

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

Section 35-178.7 Revocation.

Issuance of the Land Use Permit is contingent upon compliance with all conditions imposed as part of the project approval. If it is determined that development activity is occurring in violation of any or all conditions, the Director of Planning and Development may revoke this permit and all authorization for development.

Exceptions & meaning →

Section 35-179. - Modifications.¶

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

Section 35-179.1 Purpose and Intent.

The purpose and intent of this Section is to allow minor modifications of District setback regulations, parking, height requirements or zoning development standards where, because of practical difficulties, integrity of design, topography, tree or habitat protection or other similar site conditions, minor adjustments to such regulations, requirements, or standards would result in better design, resource protection and land use planning.

Section 179.2. Applicability. (Amended by Ord. 4811, 11/14/2013)

The provisions of this Section shall apply to specific development proposals allowed pursuant to the Permitted Uses sections in all zone districts, which are not otherwise subject to Conditional Use Permit or Development Plan requirements.
In no case shall a Modification, pursuant to this Section, be granted to permit a use or activity which is not otherwise permitted in the District in which the property is situated, nor shall a Modification be granted which alters the procedural or timing requirements of this Article.
Modifications may only be granted in conjunction with a specific development proposal and are limited to all of the following:

a. The total area of each front, side or rear setback area shall not be reduced by more than 20 percent of the minimum setback area required pursuant to the applicable District regulations.

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

b. No setback reduction for buildings and structures, except for unenclosed, attached, porches or entryways, shall result in:

A front yard setback depth, as measured from the right of way or easement line of a street or driveway, of less than 16.5 feet.
A side yard setback depth from property lines of less than three feet.
A rear yard setback depth from property lines of less than 15 feet.

c. No unenclosed, attached porch or entryway shall result in a front yard setback depth, as measured from the right of way or easement line of a street or driveway, of less than 10 feet.

d. Up to a 10 percent increase in District height regulations, excluding parcels within the MON Overlay District.

e. Up to a 10 percent increase in mandatory Floor Area Ratio (FAR) requirements for buildings originally constructed prior to the adoption of such FAR regulations (e.g., if the required FAR is 0.50 the maximum modification allowed would be 0.55.), excluding parcels within the MON Overlay District.

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

The number of required parking spaces be reduced in the Medium Density Student Residential, High Density Student Residential, or Single Family Restricted Overlay Districts.
The number of required bicycle parking spaces be reduced.
The number of spaces required for an accessory dwelling unit be reduced, unless such reduction in the number of spaces is allowed in compliance with Section 35-142 (Accessory Dwelling Units and Junior Accessory Dwelling Units).
Any parking or screening requirement for a vehicle with more than two-axles, a recreational vehicle or bus, a trailer or other non-passenger vehicle be modified.

In no case shall a Modification be granted pursuant to this Section for a reduction in landscape, buffer, open space, or other requirements of this Article except as provided above.

(Ord. No. 5194, § 33, 11-7-2023)

Section 35-179.3 Jurisdiction.

The decision-maker for a Modification, pursuant to this Section, shall be the Zoning Administrator who upon making the findings required under this Section, may approve or conditionally approve Modifications to the regulations applicable to physical standards for land, buildings, and structures contained in this Article, as listed in Section 35-179.2.3.

Section 35-179.4 Contents of Application.

As many copies of a Modification 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 35-179.5 Processing. (Amended by Ord. 4811, 11/14/2013)

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

a. When an application is submitted for development that requires the approval of a Coastal Development Permit that is appealable to the Coastal Commission in compliance with Section 35-182 (Appeals), then an application for a Coastal Development Permit shall also be submitted and shall be processed in compliance with Section 35-169.4.3 concurrently with the application for the Modification.

The project shall be subject to the provisions of Section 35-184 (Board of Architectural Review), and shall be scheduled to be heard by the Board of Architectural Review for preliminary review and approval only, before the project being heard by the Zoning Administrator
The Zoning Administrator shall hold at least one noticed public hearing on the requested Modification, unless waived in compliance with Subsection D.7, below, and either approve, conditionally approve, or deny the request.
Notice of the hearing shall be given and the hearing shall be conducted in compliance with Section 35-181 (Noticing).
The decision-maker, in approving the Modification, may require conditions as deemed reasonable and necessary to promote the intent and purpose of this Article and the public health, safety, and welfare.
The action of the decision-maker is final subject to appeal in compliance with Section 35-182 (Appeals).
Waiver of public hearing. For applications for development that is not appealable to the Coastal Commission in compliance with Section 35-182 (Appeals), the requirement for a public hearing may be waived by the Director of the Planning and Development Department in compliance with the following requirements. If the requirement for a public hearing is waived, then the Director shall be the decision-maker for the Modification application. A listing of Modification applications for which the public hearing may be waived shall be provided on the decision-maker hearing agendas.

a. Notice that a public hearing shall be held upon request by any person is provided to all persons who would otherwise be required to be notified of a public hearing as well as any other persons known to be interested in receiving notice in compliance with Section 35-181 (Noticing).

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

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

Section 35-179.6 Findings Required for Approval.

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

The project is consistent with the Coastal Act, Comprehensive Plan including the Local Coastal Plan and any applicable Community Plan.
The project complies with the intent and purpose of the applicable Zone District(s) including Overlays, this Section and this Article.
The Modification is minor in nature and will result in a better site or architectural design, as approved by the Board of Architectural Review in compliance with Section 35-184 (Board of Architectural Review, and/or will result in greater resource protection than the project without such Modification.

(Amended by Ord. 4584, 11/22/2005)

The project is compatible with the neighborhood, and does not create an adverse impact to community character, aesthetics or public views.
Any Modification of parking or loading zone requirements will not adversely affect the demand for on-street parking in the immediate area.
The project is not detrimental to existing physical access, light, solar exposure, ambient noise levels or ventilation on or off site.
Any adverse environmental impacts are mitigated to a level of insignificance.

Section 35-179.7 Permit Expiration and Extension. (Amended by Ord. 4888, 10/10/2014)

Unless otherwise specified by conditions of project approval, an approved or conditionally approved Modification shall expire one year from the effective date and shall be considered void and of no further effect unless:

a. A Coastal Development Permit has been issued for the structure that is the subject of the Modification, or

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

If the Coastal Development Permit for the structure that is the subject of the Modification expires, then the Modification shall also expire and be considered void and of no further effect.

Exceptions & meaning →

Section 35-179A. - Zoning Clearances.¶

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

Purpose and intent. This Section provides procedures and findings to allow for the approval of, and effective time periods for, Zoning Clearances which may be required in compliance with Subsection 2. (Applicability), below. The intent of this Section is to ensure that development conforms to the provisions of the Comprehensive Plan and the Local Coastal Program, including the Coastal Land Use Plan and any applicable community or area plan, this Article, and any conditions or development standards established by the County.
Applicability.

a. Zoning Clearance required. A Zoning Clearance shall be issued by the Director where a Zoning Clearance is required in compliance with this Article unless other requirements of this Article specify that the Zoning Clearance is not required or that the activity is exempt from the approval of a planning permit in compliance with Section 35-169.2 (Applicability). A Zoning Clearance shall not take the place of a required Coastal Development Permit.

b. Zoning Clearance approval. The issuance of a Zoning Clearance certifies that the land use or development will satisfy:

All conditions of approval of a Coastal Development Permit that are required to be satisfied prior to the issuance of the Coastal Development Permit.
All conditions of approval of any existing approved permits for the subject property, including applicable discretionary projects (e.g., Conditional Use Permit, Final and Parcel Maps, Development Plans).

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

a. Review for compliance. The Director shall review the Zoning Clearance application for compliance with the Comprehensive Plan and the Local Coastal Program, including the Coastal Land Use Plan and any applicable community or area plan, this Article, and any conditions or development standards established by the County, including any discretionary approvals applicable to the site and issue, conditionally issue or deny the request. A Zoning Clearance shall not be issued by the Director until:

All necessary prior approvals have been obtained.
The Director has determined that the subject property is in compliance with all laws, regulations, and rules pertaining to zoning uses, subdivisions, setbacks, and any other applicable provisions of this Article, and if applicable, that zoning violation enforcement and processing fees, as established from time to time by the Board, have been paid. This Subsection shall not be interpreted to impose new requirements on nonconforming structures and uses in compliance with Division 10 (Nonconforming Structures and Uses).

b. Decision not subject to appeal. The action of the Director to issue, conditionally issue or deny a Zoning Clearance, is final and not subject to appeal.

c. Design Review required. A Zoning Clearance for any structure that requires Design Review shall not be issued until the structure receives final Design Review approval in compliance with Section 35-184 (Board of Architectural Review).

d. Zoning Clearance subject to resolution of the Board. If a Zoning Clearance is requested for property subject to a resolution of the Board initiating a rezoning or amendment to this Article, a Zoning Clearance shall not be issued or conditionally issued while the proceedings are pending on such rezoning or amendment unless (1) the proposed uses or structures will conform to both the existing zoning and existing provisions of this Article and the rezoning or amendment initiated by the Board or (2) the effective date of a Major Conditional Use Permit or Minor Conditional Use Permit approved in compliance with Section 35-172 (Conditional Use Permits) or a Preliminary or Final Development Plan approved in compliance with Section 35-174 (Development Plans) is prior to the adoption of the Board's resolution and the proposed uses and structures are in conformance with the approved Major Conditional Use Permit or Minor Conditional Use Permit or Preliminary or Final Development Plan.

Permit expiration and extension.

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

b. An issued Zoning Clearance shall expire two years from the date of issuance and shall be considered void and of no further effect unless:

The use or structure for which the Zoning Clearance was issued has been established or commenced in compliance with the issued Zoning Clearance, or
An application for a Time Extension is submitted prior to the expiration of the Zoning Clearance and subsequently approved or conditionally approved in compliance with Section 35-179B (Time Extensions).

Minor changes to Zoning Clearances. Minor changes to an issued Zoning Clearance may be allowed provided the changes substantially conform to the issued Zoning Clearance. A request to allow a minor change shall be processed in compliance with the following:

a. The Director may approve a minor change to a Zoning Clearance, subject to all of the following:

The Director determines that the minor change substantially conforms to the approved plans and the originally approved or issued permit.
There is no change in the use or scope of the development.
The minor change does not result in a change to the Director's conclusions regarding the project's specific conformance to development standards and findings.
The Zoning Clearance has not expired.
The minor change is exempt from Design Review in compliance with Section 35-184 (Board of Architectural Review).

b. Where a minor change of an issued Zoning Clearance is approved, the Zoning Clearance shall have the same effective and expiration dates as the original Zoning Clearance and no additional public notice shall be required.

c. Where it cannot be determined that the minor change materially conforms to an approved or issued Zoning Clearance in compliance with the above criteria, a new Zoning Clearance shall be required.

d. The determination to allow a minor change to an issued Zoning Clearance is final and not subject to appeal.

Zoning Clearance revocation. Issuance of a Zoning Clearance is contingent upon compliance with all conditions imposed as part of the project approval and with all applicable provisions of this Development Code. If it is determined that development activity is occurring in violation of any or all such conditions or provisions, the Director may revoke the permit or clearance and all authorization for development in compliance with the following:

a. Notification. Written notice of such Revocation shall be provided to the permittee.

b. Appeal. The action of the Director to revoke a Zoning Clearance is final subject to appeal in compliance with Section 35-182 (Appeals).

Exceptions & meaning →

Section 35-179B. - Time Extensions.¶

(Added by Ord. 4888, 10/10/2014, Amended by Ord. 5109 07/02/2020, Ord. 5122 11/10/2020; Ord. 5095, 03/11/2021)

A. Purpose and intent. The purpose of this Section is to provide the procedures and findings for approval of Time Extensions that may be allowed in compliance with this Article.

B. Applicability and filing. The provisions of this Section shall apply to all applications for Time Extensions. The application shall be submitted prior to the expiration of the permit that is the subject of the Time Extension request. However, final action by the County on the application may occur following the date that the permit would otherwise expire.

C. Contents of application. An application for a Time Extension shall be filed and processed in compliance with Section 35-57A (Application Preparation and Filing).

D. Processing. References to decision-maker in this Section 35-179B (Time Extensions), including the following Table 11-1 (Permit Expiration and Time Extensions), shall mean the decision-maker responsible for reviewing and making a decision on the specific planning permit in compliance with Table 1-1 (Decision-maker Authority of Section 35-57C (Authority for Land Use and Zoning Decisions) unless a specific decision-maker (e.g., Board, Director, Planning Commission, Zoning Administrator) is otherwise identified.

Table 11-1Permit Expiration and Time Extensions

Type of Permit	Permit Expiration	Number and Length of Time Extensions	Time Extension Decision-maker
Coastal Development Permits initially approved or conditionally approved by the Director (1)	One year following effective date	One time for 12 months (2)	Director
Coastal Development Permits initially approved or conditionally approved by the Zoning Administrator	One year following effective date	One time for 12 months (2)	Zoning Administrator
Coastal Development Permits initially approved or conditionally approved by the Planning Commission	One year following effective date	One time for 12 months (2)	Planning Commission
Coastal Development Permits that have been issued	Two years following date of issuance	One time for 12 months	Director
Conditional Use Permits, Major	18 months from effective date or other approved time period	One time, length of extension to be determined at time of approval	Planning Commission
Conditional Use Permits, Minor	18 months from effective date or other approved time period	One time, length of extension to be determined at time of approval	Zoning Administrator
Design Review	See Note (3)	See Note (3)	See Note (3)
Development Plans, Final	Five years from effective date	One time for 12 months (4)	Initial decision-maker
Development Plans, Preliminary	Two years from effective date	One time for 12 months (4)	Initial decision-maker
Emergency Permits	See Note (5)	N/A	N/A
Land Use Permits, approved or conditionally approved	One year following effective date	One time for 12 additional months	Director
Land Use Permits, issued	Two years from date of issuance	One time for 12 additional months	Director
Modifications	See Note (6)	One time for 12 additional months	Director
Zoning Clearances	Two years from date of issuance	One time for 12 additional months	Director

Notes:

(1) This includes applications for time extensions where the requirement for a public hearing has been waived by the Director.

(2) The expiration of a Coastal Development Permit approved in conjunction with a discretionary permit may be extended for two additional two year periods.

(3) Board of Architectural Review approvals shall expire on the date the associated development permit (e.g., Coastal Development Permit), including time extensions, expires. Where there is no associated development permit, Board of Architectural Review approvals shall expire two years from the date of approval, except that the Director may grant an extension of the approval if an active development permit is being processed by the Department.

(4) A Development Plan (Preliminary or Final) shall expire 12 months from the effective date of the time extension or two years from the initial effective date of approval of the Development Plan, whichever occurs first.

(5) The Director may specify an expiration date at the time of permit approval.

(6) A Modification shall expire one year from the effective date if a Coastal Development Permit has not been issued for the development. Once the Coastal Development Permit has been issued, the Modification shall have the expiration date as the issued Coastal Development Permit.

Coastal Development Permits.

a. Approved and conditionally approved Coastal Development Permits. The decision-maker responsible for reviewing and making a decision on the Coastal Development Permit in compliance with Table 1-1 (Decision-maker Authority of Section 35-57C (Authority for Land Use and Zoning Decisions) for which the Time Extension is requested may extend the expiration of an approved or conditionally approved Coastal Development Permit one time for 12 additional months for good cause shown in compliance with the following:

After receipt of an application for a Time Extension the Department shall review the application in compliance with the requirements of the California Environmental Quality Act if the application is subject to CEQA.
Notice of the application shall be given in compliance with Section 35-181 (Noticing).
Decision and hearing.

a) Applications under the jurisdiction of the Director. The Director may approve, conditionally approve or deny the request. A public hearing shall not be required.

b) Applications under the jurisdiction of the Planning Commission or Zoning Administrator.

i) The decision-maker shall hold at least one noticed public hearing on the requested Time Extension, unless waived in compliance with Subsection D.7 (Waiver of public hearing), below, and approve, conditionally approve or deny the request.

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

The action of the decision-maker is final subject to appeal in compliance with Section 35-182 (Appeals).
A Time Extension application shall be approved or conditionally approved only if the decision-maker first finds that applicable findings for approval required in compliance with Section 35-169.5 (Findings Required for Approval of a Coastal Development Permit) that were made in conjunction with the initial approval of the Coastal Development Permit can still be made.
If the initial expiration of a Coastal Development Permit approved in compliance with Section 35-169.4.3 (Coastal Development Permits processed in conjunction with a discretionary permit application) was extended in compliance with this Subsection D.1.a (Approved and conditionally approved Coastal Development Permits), above, then the decision-maker may approve two additional time extensions for two years each for good cause in compliance with this Subsection D.1.a (Approved and conditionally approved Coastal Development Permits).

b. Issued Coastal Development Permits. The Director may extend the expiration of an issued Coastal Development Permit one time for 12 additional months for good cause shown in compliance with the following:

After receipt of an application for a Time Extension the Department shall review the application in compliance with the requirements of the California Environmental Quality Act if the application is subject to CEQA.
Notice of the application shall be given in compliance with Section 35-181.7 (Time Extensions for Applications Under the Jurisdiction of the Director).
The Director may approve, conditionally approve or deny the request. A public hearing shall not be required.
The action of the Director is final subject to appeal in compliance with Section 35-182 (Appeals).
A Time Extension application shall be approved or conditionally approved only if the Director first finds that applicable findings for approval required in compliance with Section 35-169.5 (Findings Required for Approval of a Coastal Development Permit) that were made in conjunction with the initial approval of the Coastal Development Permit can still be made.

Conditional Use Permits and Minor Conditional Use Permits.

a. The decision-maker responsible for reviewing and making a decision on the Conditional Use Permit or Minor Conditional Use Permit in compliance with Table 1-1 (Decision-maker Authority) of Section 35-57C (Authority for Land Use and Zoning Decisions) may extend the time limit in which the Land Use Permit or Zoning Clearance is required to be issued in compliance with Section 35-172.9.2 (Permit expiration and extension) one time for good cause shown in compliance with the following:

After receipt of an application for a Time Extension the Department shall review the application in compliance with the requirements of the California Environmental Quality Act.
Notice of the application shall be given in compliance with Section 35-181 (Noticing).
The decision-maker shall hold at least one noticed public hearing on the requested Time Extension, unless waived in compliance with Subsection D.7 (Waiver of public hearing), below, and approve, conditionally approve, or deny the request.
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).
The action of the decision-maker is final subject to appeal in compliance with Section 35-182 (Appeals).
A Time Extension application shall be approved or conditionally approved only if the decision-maker first finds that applicable findings for approval required in compliance with Section 35-172.8 (Findings Required for Approval) that were made in conjunction with the initial approval of the Conditional Use Permit or Minor Conditional Use Permit can still be made.

b. Discontinuance of use. The decision-maker responsible for reviewing and making a decision on the Conditional Use Permit or Minor Conditional Use Permit in compliance with Table 1-1 (Decision-maker Authority) of Section 35-57C (Authority for Land Use and Zoning Decisions) may extend the time limit that a Conditional Use Permit or Minor Conditional Use Permit would become void and automatically revoked due to discontinuance of use in compliance with Section 35-172.9.4 (Conditional Use Permit void due to discontinuance of use) one time for good cause shown in compliance with the following:

After receipt of an application for a Time Extension the Department shall review the application in compliance with the requirements of the California Environmental Quality Act.
Notice of the application shall be given in compliance with Section 35-181 (Noticing).
The decision-maker shall hold at least one noticed public hearing on the requested Time Extension and approve, conditionally approve or deny the request.
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).
The action of the decision-maker is final subject to appeal in compliance with Section 35-182 (Appeals).

Development Plans (Preliminary and Final).

a. Extension of permit approval. The decision-maker responsible for reviewing and making a decision on the Development Plan in compliance with Table 1-1 (Decision-maker Authority of Section 35-57C (Authority for Land Use and Zoning Decisions) for which the Time Extension is requested may extend the expiration of an approved or conditionally approved Development Plan one time for 12 additional months for good cause shown in compliance with the following:

After receipt of an application for a Time Extension the Department shall review the application in compliance with the requirements of the California Environmental Quality Act.
Notice of the application shall be given in compliance with Section 35-181 (Noticing).
Decision and hearing.

a) Applications under the jurisdiction of the Director. The Director may approve, conditionally approve or deny the request. A public hearing shall not be required.

b) Applications under the jurisdiction of the Commission or Zoning Administrator.

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).

The action of the decision-maker is final subject to appeal in compliance with Section 35-182 (Appeals).
A Time Extension application shall be approved or conditionally approved only if the decision-maker first finds that applicable findings for approval required in compliance with Section 35-174.7 (Findings Required for Approval) that were made in conjunction with the initial approval of the Development Plan can still be made.

b. Expiration. A Development Plan shall expire 12 months from the effective date of the extension or two years from the expiration date of the initial effective date of approval of the Development Plan, whichever occurs first.

Land Use Permits. The Director may extend the expiration of an approved or conditionally approved, or an issued, Land Use Permit one time for 12 additional months for good cause shown in compliance with the following:

a. After receipt of an application for a Time Extension the Department shall review the application in compliance with the requirements of the California Environmental Quality Act if the application is subject to CEQA.

b. Notice of the application shall be given in compliance with Section 35-181.7 (Time Extensions for Applications Under the Jurisdiction of the Director).

c. The Director may approve, conditionally approve or deny the request. A public hearing shall not be required.

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

e. A Time Extension application shall be approved or conditionally approved only if the Director first finds that applicable findings for approval required in compliance with Section 35-178.5 (Findings Required for Approval of a Land Use Permit) that were made in conjunction with the initial approval of the Land Use Permit can still be made.

Modifications. The Director may extend the approval of an approved or conditionally approved Modification one time for 12 additional months for good cause shown in compliance with the following:

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

b. Notice of the application shall be given in compliance with Section 35-181.7 (Time Extensions for Applications Under the Jurisdiction of the Director).

c. The Director may approve, conditionally approve or deny the request. A public hearing shall not be required.

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

e. A Time Extension application shall be approved or conditionally approved only if the Director first finds that applicable findings for approval required in compliance with Section 35-179.6 (Findings Required for Approval) that were made in conjunction with the initial approval of the Modification can still be made.

Zoning Clearances. The Director may extend the expiration of an issued Zoning Clearance one time for 12 additional months for good cause shown in compliance with the following:

a. The Director may approve, conditionally approve or deny the request. A public hearing shall not be required.

b. The action of the Director is final and is not subject to appeal.

c. A Time Extension shall be approved or conditionally approved only if the Director first determines that the determination that was made in compliance with Section 35-179A.4 (Processing) that was made in conjunction with the initial issuance of the Zoning Clearance can still be made.

Waiver of public hearing. The requirement for a public hearing may be waived by the Director in compliance with the following requirements:

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

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

c. If the requirement for a public hearing is waived, then the Director shall be the decision-maker for the Time Extension application.

d. A listing of Time Extension applications for which a notice that the public hearing may be waived has been mailed shall be provided on the next available hearing agenda of the decision-maker who would otherwise have jurisdiction over the Time Extension application following the mailing of the notice.

Time extensions due to hardship related to COVID-19. In addition to the Time Extensions provided in Subsection D.1 through Subsection D.6, above, the Director may for good cause extend the expiration of a planning permit for one additional 24 month period in compliance with the following:

a. The Director has determined that a Time Extension is necessary due to a hardship resulting from COVID-19 and/or the associated economic downturn.

b. The application for the Time Extension is filed with the Department in compliance with the following:

(1) The application shall be filed in compliance with Section 35-57A (Application Preparation and Filing).

(2) The application shall be filed prior to the expiration of the planning permit that is the subject of the Time Extension request and before the Board of Supervisors declares the proclaimed Santa Barbara County Local Emergency from the COVID-19 virus is terminated or when the COVID-19 provisions (Sections 35-161.2.a, 35-179B.D.8, 35-179E, and 35-185.9) are terminated earlier by ordinance amendment.

c. Notice of the application shall be given in compliance with Section 35-181.7 (Time Extensions for Applications Under the Jurisdiction of the Director).

d. A Time Extension application shall be approved only if the Director first finds that applicable determination or findings for approval required in compliance with Section 35-169.5 (Findings Required for Approval of a Coastal Development Permit), Section 35-172.8 (Findings Required for Approval of a Conditional Use Permit), Section 35-174.7 (Findings Required for Approval of a Preliminary or Final Development Plan), Section 35-178.5 (Findings Required for Approval of a Land Use Permit) or Section 35-179.6 (Findings Required for Approval of a Modification), as applicable, that were made in conjunction with the initial approval of the planning permit for which the Time Extension is requested can still be made.

e. The action of the Director is final and not subject to appeal.

E. Effect of expiration. After the expiration of a planning permit no further work shall be done on the site until a new planning permit and any required Building Permit or other County permits are first obtained.

Exceptions & meaning →

Section 35-179C. - Use Determinations.¶

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

A. Purpose and intent. The purpose of this Section is to provide procedures for evaluating land uses that are proposed pursuant to Section 35-77A.3.10, Section 35-78.3.19, Section 35-80.3.8, Section 35-84.4.14, Section 35-88.4.7, Section 35-89.5.4., and Section 35-93.3.13. The intent of this Section is to provide specific consideration of proposed land uses which are not specifically enumerated by may be allowed if they are found to be similar in character to uses that are already enumerated as permitted uses within that zone district. Within this section "permitted uses" shall mean those uses listed in Division 4 (Zoning Districts) that do not require the approval of a Major or Minor Conditional Use Permit in compliance with Section 35-172 (Conditional Use Permits).

B. Applicability. The provisions of this Section shall only apply to zones C-1 (Limited Commercial), C-2 (Retail Commercial), CH (Highway Commercial), M-RP (Industrial Research Park), PU (Public Utilities), REC (Recreation), and TC (Transportation Corridor).

Medical Marijuana Dispensaries. In compliance with Section 35-144I (Medical Marijuana Dispensaries), Medical Marijuana Dispensaries are not allowed in any zone district and shall not be approved through a Use Determination in compliance with the Section 35.179C (Use Determinations).

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

D. Processing.

After receipt of an application for a Use Determination, the Department shall review the application in compliance with the requirements of the California Environmental Quality Act.
The Commission shall hold at least one noticed public hearing on the requested Use Determination and approve, conditionally approve, or deny the request.
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).
The action of the Commission is final subject to appeal in compliance with Section 35-182 (Appeals).

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

Limited Commercial (C-1) zone.

a. The proposed use is similar in character to those listed as permitted uses in the C-1 zone.

b. The proposed use is not more injurious to the health, safety or welfare of the neighborhood than those listed as permitted uses in the C-1 zone because of dust, odor, noise, smoke or vibration.

Retail Commercial (C-2) zone.

a. The proposed use is similar in character to those listed as permitted uses in the C-2 zone.

b. The proposed use is not more injurious to the health, safety or welfare of the neighborhood than those listed as permitted uses in the C-2 zone because of danger to life or property, dust, odor, noise, smoke, vibration, or similar causes.

Highway Commercial (CH) zone. The proposed use is a commercial establishment operated primarily for the purpose of serving the essential needs of travelers on highways.
Industrial Research Park (M-RP) zone.

a. The proposed use is similar in character to those listed as permitted uses in the M-RP zone.

b. The proposed use is not more obnoxious or offensive than those listed as permitted uses in the M-RP zone because of danger to life or property, dust, odor, noise, smoke, vibration, or similar causes.

Public Utilities (PU) and Recreation (REC) zones. The proposed use is similar in character to those listed as permitted uses in the applicable zone.
Transportation Corridor (TC) zone. The proposed use is determined to be required for the purpose of operating a railroad or highway.

F. Applicable standards and permit requirements. When the Commission determines that a proposed, but unlisted, use is similar to a listed permitted use, the proposed use will be treated in the same manner as the listed use in determining where it is allowed, what permits are required, and what other standards and requirements of this Article apply.

Exceptions & meaning →

Section 35-179D. - Recordable Documents.¶

(Added by Ord. 5095, 03/11/2021)

In addition to any requirements to record a Notice to Property Owner for certain identified land uses pursuant to Division 4 (Zoning Districts), Division 7 (General Regulations), and Division 17 (Gaviota Coast Plan (GAV) Overlay), applicants shall record a Notice to Property Owner, Agreement, or other document, for the following matters related to real property, when a condition of approval of a planning permit or other land use entitlement requires it.

A. Notices to Property Owners. Any notice to property owner required by this Coastal Zoning Ordinance, including, but not limited to, the following, are recordable documents.

Accessory structure.
Agricultural employee dwelling.
Building and development envelopes.
Buyer beware/notification regarding availability of public water and/or sewer.
Development exclusion areas.
Development standards and other provisions when required pursuant to a community plan.
Fencing to allow animal passage.
Fuel management zones.
Landscaping maintenance.
Plans (e.g., a solid waste management plan or habitat management plan) or actions (e.g., maintenance activities) that an applicant must implement, maintain, and/or take for an extended period of time (e.g., for the life of a project).
Temporary dwelling unit (or temporary second unit).
Watchman's trailer.

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

Compliance with the parking requirements of this Coastal Zoning Ordinance, including, but not limited to, provision of an offsite parking easement.
Compliance with project and/or permit conditions of approval.
Declaration of Restrictions.
Implementation of historic structural preservation and restoration/renovation plan or program.
Implementation of Stormwater Control Plan or Stormwater Quality Management Plan.
Maintenance of stormwater quality and retention measures.
Prohibitions on high water use/consumption businesses.
Affordable Housing Agreement and Resale Restrictive Covenant and Preemptive Right.
Water well meter monitoring, provision of meter records, and measures to take in the event water quality degrades.

(Ord. No. 5194, § 34, 11-7-2023; Ord. No. 5204, § 33, 2-13-2024)

Exceptions & meaning →

Section 35-179E. - Temporary Suspension of Compliance with the Project Description…¶

(Added by Ord. 5109, 07/02/2020)

In order to protect public health and support a phased reopening of the Santa Barbara County in a manner that effectively limits the spread of COVID-19 by allowing for the use of outdoor areas to ensure that physical distancing and/or other public health requirements can be met and to provide other forms of relief, certain temporary changes to an approved project may be allowed.

For the time period stated in Subsection 35-185.9.1 (Temporary Time Period), temporary changes to an approved project that are necessary to ensure physical distancing and/or comply with other public health requirements put in place by federal, state, or local public health officials to limit the spread of COVID-19 and that meet the requirements as detailed in Subsection 35-185.9.3 (Requirements) of Section 35-185.9 (Temporary Suspension of Compliance in order to Protect Public Health) do not require submittal of an application for the following:

a. Minor Changes to Coastal Development Permits (Section 35-169.10)

b. Substantial Conformity, Amendments and Revisions for Conditional Use Permits (Section 35-172.11)

c. Substantial Conformity, Amendments and Revisions for Development Plans (Section 35-174.10)

d. Minor Changes to Zoning Clearances (Section 35-179A.6)

Section 35-179E.1 shall take precedence over any conflicting provisions of Article II.

Prior to implementation of the temporary changes to an approved project authorized under Section 35-185.9, the owner/applicant may, and is encouraged to, submit a completed checklist, revised site plan, photos, and description of proposal describing the temporary changes and how the requirements of Subsection 35-185.9.3 (Requirements) will be met.
Within 30 days of implementing temporary changes to an approved project authorized under Section 35-185.9, the owner/applicant shall submit a completed checklist, revised site plan, photos, and description of proposal describing the temporary changes and how the requirements of Subsection 35-185.9.3 (Requirements) have been met.

Exceptions & meaning →

Santa Barbara County Municipal Code Div. 11 Permit Procedures

Section 35-169. - Coastal Development Permits.¶

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

Section 35-171. - Emergency Permits.¶

Section 35-172. - Conditional Use Permits.¶

Section 35-173. - Variances.¶

Section 35-174. - Development Plans.¶

Section 35-175. - Specific Plans.¶

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

Section 35-177. - Reclamation and Surface Mining Permits¶

Section 35-178. - Land Use Permits.¶

Section 35-179. - Modifications.¶

Section 35-179A. - Zoning Clearances.¶

Section 35-179B. - Time Extensions.¶

Section 35-179C. - Use Determinations.¶

Section 35-179D. - Recordable Documents.¶

Section 35-179E. - Temporary Suspension of Compliance with the Project Description…¶

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