Santa Barbara County Municipal Code Div. 12 Administration

Section 35-180. - Amendments to a Certified Local Coastal Program.¶

Section 35-180.1 Purpose and Intent.

The purpose of this section is to provide for changes in the land use and/or zoning designation on properties where such change is warranted by consideration of location, surrounding development and timing of development, to provide for text amendments to this Article and/or the Coastal Land Use Plan as the County may deem necessary or desirable and to provide for amendments to any ordinances or implementation programs carrying out the provisions of the Coastal Land Use Plan. The intent of this section is to provide the mechanism consistent with the Coastal Act for amending a certified Local Coastal Program which consists of a Land Use Plan, Zoning and other ordinances, Land Use and Zoning Maps and special programs, i.e., recreation and access.

Section 35-180.2 Applicability.

Any amendment to the Local Coastal Program shall be adopted pursuant to the provisions of this section.

Section 35-180.3 Initiation.

An amendment to a certified Local Coastal Program may be initiated by:

One or more persons owning property representing at least 50 percent of the assessed valuation of the property which will be affected by such amendment.
Resolution of intention by the Board of Supervisors.
Resolution of intention by the Planning Commission.
The Director.

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

Section 35-180.4 Processing.

As many copies of a Rezone, Ordinance Amendment or Coastal Land Use Plan Amendment application as may be required shall be submitted to the Planning and Development Department.
The Planning and Development Department shall process the application through environmental review.
The Planning Commission shall hold at least one public hearing on the proposal.

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

Notice of the hearing shall be given at least 10 calendar days before the hearing in the following manner:

a. For any amendment, notice shall be:

Published in a newspaper of general circulation, in the County.
Mailed to any person who has filed a written request therefore and has supplied the County with self-addressed, stamped envelopes.
Mailed to the Coastal Commission.

b. In addition, for a proposed change of zone district or change of land use designation, notices shall be mailed:

To the owners of the affected property and also the owners of the property within 300 feet of the exterior boundaries of the affected property, using for this purpose, the name and address of such owners shown on the tax rolls of the County.
To residents of the affected property and residents within 100 feet of the affected property.
In the event that the number of owners and/or residents to whom notice would be sent pursuant to 1 or 2 above is greater than one thousand, the County may provide notice by placing a display advertisement of at least one-eighth page in a newspaper of general circulation, published and circulated in the affected area of the County, at least 10 days prior to the hearing.

(Amended by Ord. 3852, 03/20/1990)

If there is a valid and operational Conditional Use Permit associated with a proposed rezone site and under the new zone district the conditionally permitted use would become a permitted use, the Conditional Use Permit conditions of approval shall remain valid unless altered or deleted pursuant to Section 35-172.11.

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

Section 35-180.5 Action

The Planning Commission's action shall be transmitted to the Board of Supervisors by resolution of the Planning Commission carried by the affirmative votes of a majority of its total voting members. The resolution shall be accompanied by a statement of the Planning Commission's reasons for such recommendation.

Within 40 days of receipt of the recommendation of the Planning Commission, the Board of Supervisors shall hold a public hearing on the matter. If the matter under consideration is a request to change property from one zone to another (rezone), and the Planning Commission has recommended against such a request, the Board of Supervisors shall not be required to hold a public hearing or take any further action on the matter unless within five days of the decision of the Planning Commission, the applicant or other interested person files a written request for such hearing with the Clerk of the Board of Supervisors. Notice of the time and place of said hearing by the Board of Supervisors shall be given in the same time and manner provided for the giving of notice of the hearing by the Planning Commission as specified in this Section. The Board of Supervisors may approve, modify, or disapprove the recommendation of the Planning Commission, provided that any modification of the proposed amendment by the Board of Supervisors not previously considered by the Planning Commission during its hearing shall first be referred to the Planning Commission for a report and recommendation, but the Planning Commission shall not be required to hold a public hearing thereon. Failure of the Planning Commission to report within 40 days of the reference or such longer period as may be designated by the Board of Supervisors shall be deemed to be approval of the proposed modification.

Note: Any legislative approval by the Board of Supervisors (i.e., LCP amendments, ordinance amendments, general plan amendments, rezones) which would authorize or allow the development, construction installation, or expansion of any onshore support facility for offshore oil and gas activity on the South Coast of the County of Santa Barbara (from Point Arguello to the Ventura County border) and outside the South Coast Consolidation Areas is subject to a vote by the voters of the County of Santa Barbara in a regular election as described in Section 35-150.1. This voter approval requirement was added to the ordinance pursuant to the Measure A96 voter approval initiative, passed by the voters of Santa Barbara County on March 26, 1996 and is effective 25 years hence.

(Added by Ord. 4234, 07/23/1996)

Section 35-180.6 Findings Required for Approval of Rezone or Ordinance Amendment. (Added by Ord. 4227, 06/18/1996)

In order for the Planning Commission to recommend approval or for the Board of Supervisors to approve a Rezone or Ordinance Amendment the following findings shall be made by the Planning Commission and Board of Supervisors:

a. The request is in the interests of the general community welfare.

b. The request is consistent with the Comprehensive Plan, the Coastal Land Use Plan, the requirements of State planning and zoning laws and this Article.

c. The request is consistent with good zoning and planning practices.

Section 35-180.7 Coastal Commission Certification. (Amended by Ord. 3484, 01/04/1985)

Any proposed amendment to the Local Coastal Program shall not take effect until it has been certified by the Coastal Commission. Therefore, any approval by the County of such a proposed amendment to the Local Coastal Program shall be submitted to the Coastal Commission as soon as practicable after final approval by the Board of Supervisors in accordance with Section 30512 and Section 30513 of the Coastal Act of 1976.

Exceptions & meaning →

Section 35-181. - Noticing.¶

(Amended by Ord. 4595, 03/05/2008; Ord. 4888, 10/10/2014)

Section 35-181.1 Purpose and Intent.

This Section establishes the minimum requirements for providing notice of a public hearing and other required noticing, and public hearing provisions and procedures.

Section 35-181.2 Notice of Public Hearing and Decision-Maker Action.

A. Minimum noticing requirements for projects that require a public hearing or a discretionary notice of decision-maker action. Notice shall be given by the Department in compliance with Government Code Sections 65090 - 65096 for all projects that require a noticed public hearing or notice of decision-maker action, including notice of the application and pending action on a Coastal Development Permit processed in compliance with either Section 35-169.4.2 (Coastal Development Permit for development that is appealable to the Coastal Commission in compliance with Section 35-182 (Appeals) and is not processed in compliance with Section 35-169.4.3) or Section 35-169.4.3 (Coastal Development Permits processed in conjunction with a discretionary permit application). Each notice shall comply with the following minimum requirements.

By the Department. Notice shall be given by the Department in compliance with the following:

a. Newspaper publication. Notice shall be published in at least one newspaper of general circulation within the County and circulated in the area affected by the project at least 10 calendar days before the scheduled public hearing or action by the decision-maker.

b. Mailed notice.

Notice of filing of an application. Notice of the filing of an application shall be mailed no later than 15 calendar days following the Department's determination that an application is complete for processing to:

a) Any person who has filed a written request for notice and has supplied the Department with self-addressed stamped envelopes.

b) The applicant.

c) The owner of the subject lot, if different from the applicant.

d) Owners of property located within a 300-foot radius of the exterior boundaries of the subject lot.

e) All residents located within a 100-foot radius of the exterior boundaries of the subject lot.

f) Residents of property located within a 300-foot radius of the exterior boundaries of the subject lot of an application for a commercial or noncommercial telecommunications facility, and additions thereto, allowed in compliance with Section 35-144F (Commercial Telecommunications Facilities) or Section 35-144G (Non-commercial Telecommunications Facilities).

g) Owners and residents of property located within a 1,000 foot radius of the exterior boundaries of the subject facility lease area of an application for a commercial telecommunications facility, and additions thereto, allowed in compliance with Section 35-144F (Commercial Telecommunication Facilities), if the subject lease area is located on a lot with a residential zone designation and the application includes a new freestanding antenna that is visible from the surrounding area.

h) Owners and residents of property located within a 1,000 foot radius of the exterior boundaries of the subject facility lease area of an application for a commercial telecommunications facility, and additions thereto, allowed in compliance with Section 35-144F (Commercial Telecommunication Facilities), if the subject lease area is located within 1,000 feet of a lot with a residential zone designation and the application includes a new freestanding antenna that is visible from the surrounding area.

i) The Coastal Commission.

Notice of public hearing or decision-maker action. Notice of public hearing or decision-maker action shall be mailed at least 10 days before the scheduled hearing or action to all parties required to receive notice in compliance with Subsection A.1.b.1) (Notice of filing of an application), above.
Optional notice authorized by the Director. In areas of the County where mail delivery is not available, in lieu of providing mailed notice to persons specified in Subsections A.1.b.1) (Notice of filing of an application), above, and A.1.b.2) (Notice of public hearing or decision-maker action), above, that only have street addresses on record, the Director may authorize that notice be provided by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the County in compliance with the following.

a) Notice of the filing of an application shall be published no later than 15 calendar days following the Department's determination that an application is complete.

b) Notice of public hearing or decision-maker action shall be published at least 10 days before the scheduled hearing or action.

c) Mailed notice shall continue to be sent to all relevant parties in compliance with this Subsection A.1.b (Mailed notice) where mail delivery is available to addresses appearing on the equalized County assessment roll.

The names and addresses used for mailed notice to property owners shall be those appearing on the equalized County assessment roll, as updated from time to time.

c. Optional notice to more than 1,000 owners of property. If the number of owners to whom notice would be mailed or delivered in compliance with this Section is greater than 1,000, the County may instead provide notice required by Subsection A.1.a (Newspaper publication), above, and Subsection A.1.b.2) (Notice of public hearing or decision-maker action), above, by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the County at least 10 calendar days before the scheduled public hearing or action by the decision-maker.

d. Posted Notice. The Department shall conspicuously post notice at a minimum of one public place within the County's jurisdiction (e.g., at the Department) no later than 15 calendar days following the Department's determination that an application is complete for processing.

e. Contents of Notice. The contents of the notice shall be in compliance with Section 35-181.8.

By the applicant. Notice shall be given by the applicant in compliance with the following:

a. Posted notice.

The applicant shall conspicuously post a notice at a minimum of one location on the subject lot with at least one notice posted in a location that can be viewed from the nearest street. If the subject lot is a through lot, then the applicant shall conspicuously post a notice adjacent to each street frontage in a location that can be viewed from the street.
The language and form of the notice shall be provided to the applicant by the Department. The notice shall be a minimum of 18 inches tall by 24 inches wide, except that for the following applications the notice shall be a minimum of two feet tall by three feet wide:

a) Applications for development that is under the jurisdiction of the Planning Commission and requires the approval of a Conditional Use Permit in compliance with Section 35-172 (Conditional Use Permits).

b) Applications for development that is under the jurisdiction of the Planning Commission and requires the approval of a Development Plan in compliance with Section 35-174 (Development Plans), not including applications for Development Plans required solely in compliance with Section 35-169.2.2.

c) Applications for legislative actions under the jurisdiction of the Board.

Said notice shall be posted by the applicant:

a) At least 10 days before the scheduled public hearing or decision-maker action if the application is determined to be exempt from the requirements of the California Environmental Quality Act.

b) If the application is determined to subject to the requirements of the California Environmental Quality Act, on or before the beginning of the first public comment period on the document prepared in compliance with the California Environmental Quality Act.

The notice shall be continuously posted from the date required by Subsection A.2.a.3), above, until at least 10 days following an action of the decision-maker to approve, conditionally approve, or deny the application, including an action on an appeal of the decision of the decision-maker.
The applicant shall provide proof of the posting of the required notice by filing an affidavit of noticing and any other documentation required by the Director with the Department no later than 10 days before the scheduled initial public hearing or action by the decision-maker. Failure of the applicant to comply with this Section may result in postponement of the public hearing or action by the decision-maker.

Section 35-181.3 Coastal Development Permits and Land Use Permits.

A. Minimum requirements. Notice of the application and pending action on a Coastal Development Permit processed in compliance with Section 35-169.4.1 (Coastal Development Permits for development that is not appealable to the Coastal Commission in compliance with Section 35-182 (Appeals) and is not processed in conjunction with a discretionary permit) or a Land Use Permit processed in compliance with Section 35-178 (Land Use Permits) shall be given in compliance with the following.

By the Department. Notice shall be given by the Department in compliance with the following:

a. Mailed notice.

The Department shall provide mailed notice to:

a) All owners of property located within a 300-foot radius of the exterior boundaries of the subject lot.

b) All residents of property located within a 100-foot radius of the exterior boundaries of the subject lot.

c) All residents of property located within a 300 foot radius of the exterior boundaries of the subject lot of an application for a commercial telecommunication facility, and additions thereto, allowed in compliance with Section 35-144F (Commercial Telecommunication Facilities).

d) Any person who has filed a written request therefore and has supplied the Department with self-addressed stamped envelopes.

e) The Coastal Commission.

The names and addresses used for mailed notice to property owners shall be those appearing on the equalized County assessment roll, as updated from time to time.
Optional notice authorized by the Director. In areas of the County where mail delivery is not available, in lieu of providing mailed notice to persons specified in Subsection A.1.a.1), above, that only have street addresses on record, the Director may authorize that notice be provided by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the County in compliance with the following.

a) The notice shall be published no later than 15 days following the filing of a complete application with the Department and:

i) If the application is subject to Design Review in compliance with Section 35-184 (Board of Architectural Review), at least 10 days before the scheduled date of the initial review by the Board of Architectural Review including conceptual review, or;

ii) If the application is not subject to Design Review in compliance with Section 35-184 (Board of Architectural Review), at least seven days before an action by the Director to approve, conditionally approve or deny a Coastal Development Permit or Land Use Permit.

b) Mailed notice shall continue to be sent to all relevant parties in compliance with this Subsection A.1 (By the Department) where mail delivery is available to addresses appearing on the equalized County assessment roll.

b. Posted Notice. The Department shall conspicuously post notice at a minimum of one public place within the County's jurisdiction (e.g., at the Department).

c. The notice shall be mailed and posted no later than 15 days following the filing of a complete application with the Department and:

If the application is subject to Design Review in compliance with Section 35-184 (Board of Architectural Review), at least 10 days before the scheduled date of the initial review by the Board of Architectural Review including conceptual review, or;
If the application is not subject to Design Review in compliance with Section 35-184 (Board of Architectural Review), at least seven days before an action by the Director to approve, conditionally approve or deny a Coastal Development Permit or Land Use Permit.

d. The notice shall be continuously posted from the date required by Subsection A.1.c, above, and shall remain posted for a minimum of 10 days following an action of the Director to approve, conditionally approve, or deny the Coastal Development Permit or Land Use Permit.

e. Contents of Notice. The contents of the notice shall be in compliance with Section 35-181.8 (Contents of Notice).

Notice of applications for accessory dwelling units and junior accessory dwelling units, and additions thereto, as may be allowed in compliance with Section 35-142 (Accessory Dwelling Units and Junior Accessory Dwelling Units) shall also include a statement that the grounds for appeal of an approved or conditionally approved Coastal Development Permit are limited to the demonstration that the project is inconsistent with the applicable provisions and policies of the certified Local Coastal Program or that the development does not conform to the public access policies set forth in the Coastal Act (Public Resources Code, Division 20).

By the applicant. Notice shall be given by the applicant in compliance with the following:

a. Posted notice. The applicant shall conspicuously post a notice at a minimum of one location on the subject lot with at least one notice posted in a location that can be viewed from the nearest street. If the subject lot is a through lot, then the applicant shall conspicuously post a notice adjacent to each street frontage in a location that can be viewed from the street.

b. The language and form of the notice shall be provided to the applicant by the Department. The notice shall be a minimum of 18 inches tall by 24 inches wide.

c. Said notice shall be posted by the applicant no later than 15 days following the filing of a complete application with the Department, and:

If the application is subject to Design Review in compliance with Section 35-184 (Board of Architectural Review), at least 10 days before the scheduled date of the initial review by the Board of Architectural Review including conceptual review; or
If the application is not subject to Design Review in compliance with Section 35-184 (Board of Architectural Review), at least seven days before an action by the Director to approve, conditionally approve, or deny a Coastal Development Permit or Land Use Permit.

d. The notice shall be continuously posted for a minimum of 17 days from the date required by Subsection A.2.c, above, and shall remain posted for a minimum of 10 calendar days following an action of the Director to approve, conditionally approve, or deny the Coastal Development Permit or Land Use Permit.

e. The applicant shall provide proof of the posting of the required notice by filing an affidavit of noticing and any other documentation required by the Director with the Department prior to the action by the Director to issue the Coastal Development Permit or Land Use Permit. Failure of the applicant to comply with this Section may result in postponement of the action on the Coastal Development Permit or Land Use Permit.

(Ord. No. 5194, § 35, 11-7-2023)

Section 35-181.4 Notice of Final Action of Coastal Development Permits Appealable to the Coastal Commission.

Provision of notice. For those developments that are appealable to the Coastal Commission in compliance with the definition of appealable development and Section 35-182 (Appeals), a Notice of Final Action of the approval or conditional approval of a Coastal Development Permit shall be mailed to the Coastal Commission and to any interested person who has requested the notice and has submitted a self-addressed stamped envelope to the Department.
Notice within seven days. The notice shall be mailed within the seven calendar days following the County's final action on the Coastal Development Permit. An action shall be considered final only after exhaustion of County appeal procedures.
Contents of notice. The notice shall include the following:

a. The applicable decision-maker.

b. The date of final action.

c. The status of any appeals.

d. The conditions of approval of the Coastal Development Permit.

e. The findings of the Coastal Development Permit.

f. The procedure for appeal of the County's final action to the Coastal Commission.

Section 35-181.5 Design Review.

A. Minimum Requirements. Notice of applications for Design Review shall be given in compliance with the following:

By the Department. Notice shall be given by the Department in compliance with the following:

a. Mailed notice.

The Department shall provide mailed notice to:

a) All owners of property located within a 300-foot radius of the exterior boundaries of the subject lot.

i) Within the Toro Canyon Plan Area mailed notice shall also be provided to all owners of property located within a 500 foot radius of the exterior boundaries of the subject lot.

b) All residents of property located within a 100-foot radius of the exterior boundaries of the subject lot.

c) Any person who has filed a written request therefore and has supplied the Department with self-addressed stamped envelopes.

The names and addresses used for mailed notice to property owners shall be those appearing on the equalized County assessment roll, as updated from time to time.
Optional notice authorized by the Director. In areas of the County where mail delivery is not available, in lieu of providing mailed notice to persons specified in Subsections A.1.a.1), above, that only have street addresses on record, the Director may authorize that notice be provided by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the County in compliance with the following.

a) The notice shall be published no later than 15 days following the filing of a complete application with the Department and at least 10 days before the scheduled date of the initial review by the Board of Architectural Review, including conceptual review.

b. Posted notice. The Department shall conspicuously post notice at a minimum of one public place within the County's jurisdiction (e.g., at the Department).

c. The notice shall be mailed and posted no later than 15 days following the filing of a complete application with the Department and at least 10 days before the scheduled date of the initial review by the Board of Architectural Review, including conceptual review.

d. The notice shall be continuously posted from the date required by Subsection A.1.c, above, until at least 10 days following final action by the Board of Architectural Review.

e. The contents of the notice shall be in compliance with Section 35-181.8 (Contents of Notice), below.

By the applicant. Except for applications for Design Review that are submitted in association with an application that is noticed in compliance with Section 35-181.2 (Notice of Public Hearing and Decision-Maker Action), notice shall be given by the applicant in compliance with the following:

b. The language and form of the notice shall be provided to the applicant by the Department. The notice shall be a minimum of 18 inches tall by 24 inches wide.

c. The notice shall be posted by the applicant no later than 15 days following the filing of a complete application to the Department and at least 10 days before the initial review by the Board of Architectural Review, including conceptual review.

d. The notice shall be continuously posted from the date required by Subsection A.2.c above, until at least 10 days following an action by the Board of Architectural Review to grant final approval.

e. The applicant shall provide proof of the posting of the required notice by filing an affidavit of noticing and any other documentation required by the Director with the Department no later 10 days before the scheduled date of the initial review by the Board of Architectural Review, including conceptual review. Failure of the applicant to comply with this Section may result in postponement of the review by the Board of Architectural Review.

Section 35-181.6 Emergency Permits.

A. Minimum requirements. Notice of the application for an Emergency Permit shall be given in compliance with the following:

Mailed notice.

a. The Department shall provide mailed notice to:

All owners of property located within a 300 foot radius of the exterior boundaries of the subject lot.
All residents within a 100 foot radius of the exterior boundaries of the affected property.

b. The names and addresses used for mailed notice to property owners shall be those appearing on the equalized County assessment roll, as updated from time to time.

c. Optional notice authorized by the Director. In areas of the County where mail delivery is not available, in lieu of providing mailed notice to persons specified in Subsection A.1.a, above, that only have street addresses on record, the Director may authorize that notice be provided by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the County in compliance with the following.

Publication of the notice is not required to precede the actual commencement of the emergency work.
Mailed notice shall continue to be sent to all relevant parties in compliance with this Subsection A.1 (Mailed notice) where mail delivery is available to addresses appearing on the equalized County assessment roll.

Posted notice. The Department shall also conspicuously post a notice in three locations on the subject lot.
The mailing or posting of notice is not required to precede the actual commencement of the emergency work.
The contents of the notice shall be in compliance with Section 35-181.8 (Contents of Notice), below.

Section 35-181.7 Time Extensions for Applications Under the Jurisdiction of the Director.

A. Minimum requirements. Notice of the application and pending action on an application for a Time Extension under the jurisdiction of the Director shall be given in compliance with the following.

By the Department. Notice shall be given by the Department in compliance with the following:

a. Newspaper publication. If the Director is the decision-maker on an application because the requirement for a hearing on the application has been waived in compliance with this Article, then notice shall be published in at least one newspaper of general circulation within the County and circulated in the area affected by the project at least 10 days before an action by the Director to approve, conditionally approve or deny the application.

b. Mailed notice.

Except as provided in Subsection A.1.b.3), below, mailed notice shall be provided to:

a) All owners of property located within a 300-foot radius of the exterior boundaries of the subject lot.

b) All residents of property located within a 100-foot radius of the exterior boundaries of the subject lot.

d) Any person who has filed a written request therefore and has supplied the Department with self-addressed stamped envelopes.

e) The Coastal Commission.

The names and addresses used for mailed notice to property owners shall be those appearing on the equalized County assessment roll, as updated from time to time.
Optional notice authorized by the Director. In areas of the County where mail delivery is not available, in lieu of providing mailed notice to persons specified in Subsection A.1.a, above, that only have street addresses on record, the Director may authorize that notice be provided by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the County in compliance with the following.

a) The notice shall be published no later than 15 days following the filing of a complete application with the Department and at least 10 days before an action by the Director to approve, conditionally approve or deny the application.

c. Posted Notice. The Department shall conspicuously post notice at a minimum of one public place within the County's jurisdiction (e.g., at the Department).

d. The notice shall be mailed and posted no later than 15 days following the filing of a complete application with the Department and at least 10 days before an action by the Director to approve, conditionally approve or deny the application.

e. The posted notice shall be continuously posted from the date required by Subsection A.1.c, above, and shall remain posted for a minimum of 10 days following an action of the Director to approve, conditionally approve, or deny the application.

f. The contents of the notice shall be in compliance with Section 35-181.8 (Contents of Notice), below.

Section 35-181.8 Contents of Notice.

Notice for all projects. The following shall be included in all notices required to be provided in compliance with this Section not including notices that are required to be posted by the applicant.

a. The date of filing of the application and the name of the applicant.

b. The Department case number assigned to the application.

c. The name of the Department staff person assigned to review the application and their postal mail address, electronic mail address, and telephone number.

d. A description of the project, its location, and a statement that the project is located within the Coastal Zone.

Notice for projects that require a public hearing or discretionary decision-maker action. The following shall be included in all notices for projects that require a public hearing or discretionary action by a decision-maker not including notices that are required to be posted by the applicant.

a. All information required by Subsection 1 (Notice for all projects), above.

b. The place, date, and general time of the hearing at which the project will be heard by the decision-maker, if the action requires a public hearing. If the project does not require a public hearing, then only the date of pending action or decision of the decision-maker is required.

c. A general description of the County procedures concerning the conduct of public hearings and local actions, including the submission of public comments either in writing or orally before the hearing or local decision, and requirements regarding the procedure to appeal the decision.

d. The procedure for Coastal Commission appeals, including any required appeal fees, if applicable.

e. Notice of a pending decision by the Director to approve, conditionally approve or deny a Development Plan for a telecommunications facility that is appealable to the Coastal Commission in compliance with Section 35-144F (Commercial Telecommunications Facilities) shall include a statement that the person to whom the notice was mailed may request a public hearing on the proposed Development Plan by submitting a written request to the Department within 10 days of the date of such notice. If a written request is received, the public hearing shall be conducted in compliance with Section 35-181.10 (Hearing Procedure) below.

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

Notice for projects that do not require a public hearing or other discretionary decision-maker action. The following shall be included in all notices for projects that do not require a public hearing or discretionary action by a decision-maker not including notices that are required to be posted by the applicant.

a. All information required by Subsection 1 (Notice for all projects), above.

b. A general description of the County procedures concerning the review of the application including:

How to participate in the review of the application.
How to receive notification of any pending review in compliance with Section 35-184 (Board of Architectural Review), if applicable, or action to approve, conditionally approve or deny the application.
How to submit comments either in writing or orally before review by the Board of Architectural Review, if applicable, or action by the Director to approve, conditionally approve or deny the application.
Requirements regarding the procedure to appeal the decision of the Board of Architectural Review, if applicable, or action by the Director to approve, conditionally approve or deny the application.

c. If applicable, the date of the pending decision on the application, and the date of expiration of the appeal period.

d. A statement that the public comment period commences upon the date that such notice is given and allows for submission, by mail, in advance of the decision, of public comments on the requested application, excluding Land Use Permits that follow a previous discretionary approval.

Section 35-181.9 Failure to Receive Notice.

The failure of any person or entity to receive notice given in compliance with this Section or in compliance with State Law (Government Code Sections 65090 - 65096) shall not invalidate the actions of the Department or the applicable decision-maker.

Section 35-181.10 Hearing Procedure.

Held at noticed time and place. A public hearing shall be held at the date, time, and place for which notice was given.
Hearing may be continued.

a. Any public hearing may be continued from time to time without further notice; provided, the chairperson of the decision-maker announces the date, time, and place to which the hearing will be continued before the adjournment or recess of the hearing.

b. If a public hearing on a project is continued by the local government to a time which is neither (1) previously stated in the notice nor (b) announced at a hearing as being continued to a date, time, and place to which the hearing will be continued, notice of the further hearing(s) shall be given in compliance with Section 35-181.2 (Notice of Public Hearing and Decision-Maker Action), above.

Deferral of final decision. The decision-maker may announce a tentative decision, and defer their action on a final decision until appropriate findings and/or conditions of approval have been prepared.

Exceptions & meaning →

Section 35-182. - Appeals.¶

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

Section 35-182.1 Purpose and Intent.

The purpose of this section is to provide procedures for the acceptance and processing of appeals to the Board of Supervisors, Planning Commission and Zoning Administrator and to establish the criteria for those developments that may be appealed to the California Coastal Commission.

Section 35-182.2 General Appeal Procedures.

The decisions or determinations of the Board of Architectural Review, Director, Planning Commission, or Zoning Administrator may be appealed consistent with the following procedures. (In addition, final action on Coastal Development Permits may be appealed to the Coastal Commission, where applicable, in compliance with Section 35-182.6.)

A. Who May Appeal. An appeal may only be filed by an applicant or any aggrieved person. An aggrieved person is defined as any person who in person, or through a representative, appeared at a public hearing in connection with the decision or action appealed, or who, by other appropriate means prior to a hearing or decision, informed the decision-maker of the nature of his concerns or who for good cause was unable to do either.

B. Timing and Form of Appeal.

Appeals of decisions of the Board of Architectural Review, Director, Planning Commission or Zoning Administrator.

(Amended by Ord. 4946, 12/08/2016)

a. Filing of the appeal. An appeal, which shall be in writing and accompanying fee, of a decision or determination of the Board of Architectural Review, Director, Planning Commission or Zoning Administrator shall be filed with the Department within the 10 calendar days following the date of the decision or determination that is the subject of the appeal, except as follows:

Within 30 calendar days following the date of decision by the Director that an oil or gas lease has been abandoned in compliance with Section 35-170.11 (Processing of demolition and Reclamation Permit).
Except as otherwise provided in this Article.

b. The appellant shall use the form provided by the Department in addition to any other supporting materials the appellant may wish to furnish in compliance with Section 35-182.2.C, explaining the reasons for the appeal. An appeal shall be filed with the Director, who shall process the appeal in compliance with this section, including scheduling the matter before the appropriate decision-maker.

Computation of time for appeal. The time within which the appeal shall be filed shall commence on the next calendar day following the day on which the decision was made or the determination was made. In the event the last day for filing an appeal falls on a non-business day of the County, the appeal may be timely filed on the next business day.

C. Requirements for Contents of an Appeal.

General requirements. The appellant shall specifically provide in the appeal all of the following:

a. The identity of the appellant and her or his interest in the decision;

b. The identity of the decision or determination appealed which may include the conditions of that decision or determination;

c. A clear, complete, and concise statement of the reasons why the decision or determination is inconsistent with the provisions and purposes of the Coastal Land Use Plan, this Article, or other applicable law;

d. If it is claimed that there was error or abuse of discretion on the part of the decision-maker, or other officer or authorized employee, or that there was a lack of a fair and impartial hearing, or that the decision is not supported by the evidence presented for consideration leading to the making of the decision or determination that is being appealed, or that there is significant new evidence relevant to the decision which could not have been presented at the time the decision was made, then these grounds shall be specifically stated.

(Amended by Ord. 4946, 12/08/2016)

Additional requirements for certain appeals. The following information is required to be submitted for the appeals listed below in addition to the information required to be submitted by Section 35-182.2.C.

a. Appeals regarding a previously approved discretionary permit. If the approval of a Land Use Permit required by a previously approved discretionary permit is appealed, the appellant shall identify:

How the Land Use Permit is inconsistent with the previously approved discretionary permit, or
How the discretionary permit's conditions of approval that are required to be completed prior to the approval of a Land Use Permit have not been completed, or
How the approval is inconsistent with Section 35-181 (Noticing).

b. Appeals of final decision of the Board of Architectural Review. A decision of the Board of Architectural Review to grant final approval may not be appealed to the Planning Commission unless the appellant can demonstrate that the project for which final approval was granted does not substantially conform to the project that was granted preliminary approval. If the Director determines that the appeal does not raise a substantial issue that the project for which final approval was granted does not substantially conform to the project that was granted preliminary approval, then the Director shall make that determination in writing, and the appeal shall not be processed. This decision of the Director is final and not subject to appeal.

c. Appeals regarding accessory dwelling units and junior accessory dwelling units. The grounds for appeal of an approved or conditionally approved Coastal Development Permit are limited to the demonstration that the project is inconsistent with the applicable provisions and policies of the certified Local Coastal Program or that the development does not conform to the public access policies set forth in the Coastal Act (Public Resources Code, Division 20).

D. Acceptance of Appeal. An appeal may be rejected by the Director under the following circumstances:

The appeal was not submitted by an applicant or an aggrieved party in compliance with Section 35-182.2.A; or
The appeal was not timely submitted in compliance with Section 35-182.2.B; or
The appeal does not comply with the applicable requirements of Section 35-182.2.C.

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

E. Appeal Fees. The appellant shall pay the required filing fee, as established from time to time by resolution of the Board of Supervisors, at the time of the filing of the appeal.

F. Effect of Filing of Appeal. The filing of the appeal shall have the effect of staying the issuance of any permit or approval provided for by the terms of this Article until such time as final action has occurred on the appeal.

G. Notice of Public Hearing Required. Notice of the time and place of the hearing shall be given in compliance with Section 35-181 (Noticing). Notice shall be mailed to the appellant and the applicant, if different than the appellant.

H. Special Processing Requirements. The following requirements apply to applications for Coastal Development Permits or Land Use Permits or Zoning Clearances that also require review by the Board of Architectural Review::

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

If a preliminary approval by the Board of Architectural Review is appealed, then the hearing on the appeal shall be held after the approval of the Coastal Development Permit or Land Use Permit, but prior to the issuance of the Coastal Development Permit or Land Use Permit or Zoning Clearance for such project.
If a preliminary approval by the Board of Architectural Review is appealed, and the approval of the Coastal Development Permit or Land Use Permit is appealed, then the appeal of the preliminary approval by the Board of Architectural Review shall be processed concurrently with the appeal of the Coastal Development Permit or Land Use Permit.
If a decision of the Board of Architectural Review to deny preliminary or final approval is appealed, then a hearing shall be held on the appeal of the decision of the Board of Architectural Review prior to:

a. A decision to approve or conditionally approve a Coastal Development Permit, or

b. A decision to issue Zoning Clearance.

(Ord. No. 5194, § 36, 11-7-2023)

Section 35-182.3 Appeals to the Zoning Administrator.

A. Decisions appealed to the Zoning Administrator. The following decisions of the Director may be appealed to the Zoning Administrator:

Any decision by the Director to approve, approve with conditions, or deny an application for a Coastal Development Permit or Land Use Permit for temporary use in compliance with Section 35-137 (Temporary Uses) may be appealed to the Zoning Administrator.

B. Action on Appeal. The Zoning Administrator shall affirm, reverse, or modify the decision of the Director. The action of the Zoning Administrator is final and not subject to appeal.

Section 35-182.4 Appeals to the Planning Commission.

A. Decisions appealed to the Planning Commission. The following decisions may be appealed to the Planning Commission provided the appeal complies with the requirements of Section 35-182.2.C. and D.

Board of Architectural Review decisions. The following decisions of the Board of Architectural Review may be appealed to the Planning Commission:

a. Any decision of the Board of Architectural Review to grant or deny preliminary approval.

b. Any decision of the Board of Architectural Review to grant or deny final approval in compliance with Section 35-182.2.C.2.b.

Director decisions. The following decisions of the Director may be appealed to the Planning Commission: (Amended by Ord. 4888, 10/10/2014)

a. Any determination on the meaning or applicability of the provisions of this Article.

b. Any determination that a discretionary permit application or information submitted with the application is incomplete as provided by Government Code Section 65943.

c. Any decision of the Director to revoke an approved or issued Coastal Development Permit, Land Use Permit, or Zoning Clearance.

d. Any decision of the Director to approve, conditionally approve, or deny an application for a Coastal Development Permit except for Coastal Development Permits approved in compliance with Section 35-137 (Temporary Uses).

e. Any decision of the Director to approve, conditionally approve, or deny an application for a Land Use Permit.

f. Any decision of the Director to approve, conditionally approve, or deny an application for a Development Plan.

g. Any decision of the Director to approve, conditionally approve, or deny any other discretionary application where the Director is the designated decision-maker.

h. Any decision of the Director as to whether or not an unauthorized mobilehome park closure is underway.

(Added by Ord. 4829, 04/10/2014)

i. Any other action, decision or determination made by the Director as authorized by this Article where the Director is the decision-maker except when specifically provided that such action, decision or determination is final and not subject to appeal.

Zoning Administrator decisions. The following decisions of the Zoning Administrator may be appealed to the Planning Commission, except that when the lot that is the subject of the decision of the Zoning Administrator is located within the Montecito Planning Area as designated in the Montecito Community Plan, the decision of the Zoning Administrator may be appealed to the Board of Supervisors.

a. Any decision of the Zoning Administrator to approve, approve with conditions, or deny an application for a Coastal Development Permit, Conditional Use Permit, Development Plan, Lot Line Adjustment, Modification, Variance, or other discretionary application where the Zoning Administrator is the designated decision-maker.

b. Any other action, decision or determination made by the Zoning Administrator as authorized by this Article where the Zoning Administrator is the decision-maker except when specifically provided that such action, decision or determination is final and not subject to appeal.

B. Report to the Planning Commission. The Department shall transmit to the Planning Commission copies of the permit application including all maps and data and a statement setting forth the reasons for the decision by the Board of Architectural Review, Director or Zoning Administrator before the hearing on an appeal.

C. Scope of Appeal Hearings. The hearings on the appeal shall be de novo.

D. Action on Appeal. The Planning Commission shall affirm, reverse, or modify the decision of the Board of Architectural Review, Director, or Zoning Administrator.

Section 35-182.5 Appeals to the Board of Supervisors.

A. Decisions appealed to the Board. The following decisions of the Planning Commission may be appealed to the Board of Supervisors provided the appeal complies with the requirements of Section 35-182.2.C. and D.

Any final action on decisions that are appealed to the Planning Commission in compliance with Section 35.182.4. (Appeals to the Planning Commission).
Any final action on decisions of the Planning Commission to approve, approve with conditions, or deny an application for a Coastal Development Permit, Conditional Use Permit, Development Plan, Lot Line Adjustment, Tentative Map, Variance, or other discretionary application where the Planning Commission is the designated decision-maker.
Any other action, decision or determination made by the Planning Commission as authorized by this Article where the Planning Commission is the decision-maker except when specifically provided that such action, decision or determination is final and not subject to appeal.
Any decision of the Zoning Administrator to approve, approve with conditions, or deny an application for a Coastal Development Permit, Conditional Use Permit, Development Plan, Lot Line Adjustment, Modification, Variance, or other discretionary application where the Zoning Administrator is the designated decision-maker when the lot that is the subject of the decision of the Zoning Administrator is located within the Montecito Planning Area as designated in the Montecito Community Plan.
Any other action, decision or determination made by the Zoning Administrator as authorized by this Article where the Zoning Administrator is the decision-maker when the lot that is the subject of the decision of the Zoning Administrator is located within the Montecito Planning Area as designated in the Montecito Community Plan except when specifically provided that such action, decision or determination is final and not subject to appeal.

B. Report to the Board of Supervisors. The Department shall transmit to the Board of Supervisors copies of the permit application including all maps and data and a statement setting forth the reasons for the decision by the Planning Commission before the hearing on an appeal.

C. Scope of Appeal Hearings. The hearings on the appeal shall be de novo.

D. Action on Appeal. The Board of Supervisors shall affirm, reverse, or modify the decision of the Planning Commission.

Section 35-182.6 Appeals to the Coastal Commission.

For developments which are subject to the appeals jurisdiction of the Coastal Commission under Public Resources Code Section 30603, a final action on a Coastal Development Permit application may be appealed to the California Coastal Commission within 10 working days from the date of receipt by the Commission of the County's Notice of Final Action.
Any appealable action on a Coastal Development Permit application may be appealed to the Coastal Commission by an applicant, an aggrieved person, or any two members of the Coastal Commission. Appeals must be made in writing and be received by the appropriate Coastal Commission district office by the deadline listed in the prior section. No appeal may be filed with the Coastal Commission until local appeals have been exhausted on the project permit, except that exhaustion of all local appeals shall not be required where a project is appealed by any two Commissioners or if any of the following occur:

a. The local government or jurisdiction require an appellant to appeal to more local appellate bodies than have been certified as appellate bodies for permits in the coastal zone, in the implementation section of the Local Coastal Program.

b. An appellant was denied the right of the initial local appeal by a local ordinance which restricts the class of persons who may appeal a local decision. For purposes of this section, a local ordinance requiring a prospective appellant to have made his/her views known in connection with the original decision prior to taking a local appeal, or otherwise to have exhausted local remedies at the local level prior to taking a local appeal, does not count as a "a local ordinance which restricts the class of persons who may appeal a local decision."

c. An appellant was denied the right of local appeal because local notice and hearing procedures for the development did not comply with the provisions of this Article.

d. The local government jurisdiction charges an appeal fee for the filing or processing of appeals.

In accordance with Public Resources Code Section 30603(a), an action taken by the County of Santa Barbara on a Coastal Development Permit application for any of the following may be appealed to the Coastal Commission.

a. Developments approved by the County between the sea and the first public road paralleling the sea.

b. Developments approved by the County within 300 feet of the inland extent of any beach or of the mean high tide line of the sea where there is no beach, whichever is the greater distance.

c. Developments approved by the County not included within paragraphs a. or b. of this section that are located on tidelands, submerged lands, public trust lands, within 100 feet of any wetland, estuary, or stream, or within 300 feet of the top of the seaward face of any coastal bluff.

d. Any development approved by the County that is not designated as the principal permitted use under the zoning ordinance or zoning district map. This includes, but is not limited to, developments approved by the County that require a Conditional Use Permit.

e. Any development which constitutes a major public works project or a major energy facility. The phrase, "major public works project or a major energy facility," as used in this Article shall mean any proposed facility that meets the definition in California Code of Regulations, Title 14, Section 13012(b).

Grounds of Appeal.

a. The grounds of appeal to the Coastal Commission for any development appealable under 3. of this Section shall be limited to an allegation that the development does not conform to the standards set forth in the certified Local Coastal Program or the public access policies set forth in the Coastal Act, which is codified in Public Resources Code, Division 20, except that a denial of a permit for development included in Subsection 3.e above, shall be limited to an allegation that the development conforms to the standards set forth in the certified Local Coastal Program and the public access policies set forth in the Coastal Act and codified in Public Resources Code, Division 20.

Exceptions & meaning →

Section 35-183. - Re-applications.¶

No application shall be accepted nor acted upon if within the past one year, application has been made and denied by the Planning Commission, Zoning Administrator or the Board of Supervisors, which covers substantially the same real property, and which requests approval of substantially the same project unless either the Planning Commission, Zoning Administrator, or the Board of Supervisors permits such re-application because of an express finding that one or more of the following applies:

That new evidence or material to a revised decision will be presented which was unavailable or unknown to the applicant at the previous hearings and which could not have been discovered in the exercise of reasonable diligence by the applicant.
That there has been a substantial and permanent change of circumstances since the previous hearings, which materially affects the applicant's real property.
That a mistake was made at the previous hearings which was a material factor in the denial or denials of the previous application.

Exceptions & meaning →

Section 35-184. - Board of Architectural Review.¶

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

Section 35-184.1 Purpose and Intent.

The purpose and intent of the Board of Architectural Review is to encourage developments which exemplify the best professional design practices so as to enhance visual quality of the environment, benefit surrounding property values, and prevent poor quality of design.

Section 35-184.2 Applicability.

Reference to the Board of Architectural Review or County Board of Architectural Review in this Article shall mean the Central County Board of Architectural Review, the North County Board of Architectural Review, the South County Board of Architectural Review, or the Montecito Board of Architectural Review whichever has jurisdiction, depending on the location of the project site. The geographic boundaries of said boards are depicted in the original map which is located in files of the Clerk of the Board and illustratively shown as Figure 1 appended to Section 35-184.
Review and approval by the Board of Architectural Review shall be required for:

a. Any structure or sign requiring design review in compliance with DIVISION 4, ZONING DISTRICTS, of this Article.

b. Any structure or sign requiring design review in compliance with DIVISION 5, OVERLAY DISTRICTS, of this Article.

c. Any structure requiring design review in compliance with DIVISION 7, GENERAL REGULATIONS, of this Article.

d. Any structure requiring design review in compliance with DIVISION 10, PERMIT PROCEDURES, of this Article.

e. Any structure requiring design review as required by the Planning Commission or the Board of Supervisors.

f. Any structure or sign to be erected located in the Montecito Planning Area as shown on the Coastal Land Use Plan Maps.

g. Any residential structure on a lot adjacent to the sea.

Gaviota Coast, Summerland and Toro Canyon. In addition to the items identified in Section 35-184.2.2, for sites located within the Gaviota Coast Plan, Summerland Community Plan or the Toro Canyon Area Plan areas, the provisions of this Section shall also apply to any structure, additions to a structure, or sign, except as provided below.

a. The structure, addition to a structure, or sign is exempt from Board of Architectural Review in compliance with Section 35-184.3 (Exceptions).

b. Single agricultural structures located within the Gaviota Coast Plan area that have an individual gross floor area of less than 5,000 square feet are not subject to the requirements of this Subsection 3 (Gaviota Coast, Summerland and Toro Canyon) provided:

The existing cumulative structural development located on the lot that the structure is proposed to be located on does not exceed 10,000 square feet per lot.
The structure(s) complies with the following standards:

a) All exterior lighting is in compliance with the following:

i) The lighting is required for safety purposes only.

ii) Light fixtures are fully shielded (full cutoff and are directed downward to minimize impacts to the rural nighttime character.

iii) Lighting is directed away from habitat areas and, to the extent feasible, nearby residences, public roads and other areas of public use.

b) The structure uses building materials, earth tone colors, and non-reflective paints that are compatible with the surrounding natural environment to maximize the visual compatibility of the development with surrounding areas.

Section 35-184.3 Exceptions. (Amended by Ord. 3853, 03/20/1990; Ord. 3978, 02/21/1992)

Exceptions to Design Review Requirements. Board of Architectural Review approval is not required for the following:

a. Accessory dwelling units and junior accessory dwelling units approved in compliance with Section 35-142 (Accessory Dwelling Units and Junior Accessory Dwelling Units).

b. Interior alterations.

c. Decks.

d. Swimming pools, hot tubs, and spas.

e. Fences, gates, gateposts and walls as follows; however, fences, gates, gateposts and walls that are integral to the structure (e.g., are connected to the structure or form a courtyard adjacent to the structure) shall be included as part of the architectural review of a new residence, a remodeling, or an addition to a structure requiring architectural review:

Fences, gates, and walls six feet or less in height and gateposts of eight feet or less in height, when located in the front setback area.
Fences, gates, and walls of eight feet or less in height and gateposts of 10 feet or less in height when located outside of front setback areas and not closer than 20 feet from the right-of-way line of any street.

f. Solar panels.

g. Any other exterior alteration determined to be minor by the Director.

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

Special provisions for projects within the jurisdictional area of the North County Board of Architectural Review. The following are special provisions that apply to projects that are within the jurisdictional area of the North County Board of Architectural Review:

a. Exemptions. The following projects shall be exempt from Board of Architectural Review design review if they cannot be viewed from public roadways or other areas of public use. Landscape screening shall not be taken into consideration when determining whether the project is visible from public roadways or other areas of public use. This exemption is only applicable to Board of Architectural Review review, and does not eliminate the project from any other applicable discretionary review, including Coastal Development Permits.

Single family dwellings.
Commercial and industrial projects that are not open to the public.

b. Advisory actions. Review by the North County Board of Architectural Review of single-family dwellings is advisory and does not require either preliminary or final approval.

c. Time limits. The North County Board of Architectural Review shall seek to complete its review of all projects within its purview as expeditiously as possible. Therefore, single-family dwellings shall be reviewed by the North County Board of Architectural Review at no more than three separate hearings on three separate dates or for no longer than three months from the date of filing an application, whichever occurs first, unless the project changes or requests for a continuance initiated by the applicant require further review. If the North County Board of Architectural Review fails to render its advice within this limitation, then the project shall proceed to the decision-maker of the discretionary permit without a recommendation by the North County Board of Architectural Review.

d. Structures subject to Section 35-144 (Ridgeline and Hillside Development Guidelines). The following applies to structures that would normally be subject to design review due to their location in an area subject to the requirements of Section 35-144 (Ridgeline and Hillside Development Guidelines).

Exempt structures. Structures that are exempt from design review in compliance with Section 35-184.3.2.a shall be reviewed as follows:

a) Structures shall be reviewed by the Director of Planning and Development for compliance with the development guidelines contained in Section 35-144.3.

b) The Director of Planning and Development may exempt a structure from compliance with the development guidelines in compliance with Section 35-144.4.1 in addition to Section 35-144.4.2.

e. Special provision not applicable. The special provisions described in subsection a., b., and c. above shall not apply to the following:

Development Plans within the jurisdiction of the Planning Commission.
Structures subject to approved ministerial and discretionary permits, including subdivision maps, that are conditioned to require review and approval by the Board of Architectural Review in order to mitigate visual impacts or provide for consistency with the Comprehensive Plan, including adopted Community Plans.

(Ord. No. 5194, § 37, 11-7-2023)

Section 35-184.4 Contents of Application.

Prior to issuance of any permits for development subject to review by the Board of Architectural Review, as many copies of the Board of Architectural Review application and project plans, as well as additional materials (color and texture chips, etc.) as may be required shall be filed with the Planning and Development Department, including but not limited to site plans, architectural drawing, and landscape plans as applicable. The plans shall include the information and details required by the Planning and Development Department.
An application for approval of a sign shall contain project plans and additional information and details required by the Planning and Development Department.

Section 35-184.5 Processing.

The Board of Architectural Review shall review and approve, disapprove, or conditionally approve applications for Preliminary and Final Approval submitted in accordance with Section 35-184.6 (Findings Required for Approval). The Board of Architectural Review shall also render its advice on the exterior architecture of buildings, structures, and signs to the Planning Commission or Board or Supervisors when requested to do so.
Applications for Preliminary and Final Approval by the Board of Architectural Review shall be accepted only if the application is accompanied by a development application or if the Department is processing an existing development application for the proposed project.

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

Section 35-184.6 Findings Required for Approval. (Amended by Ord. 4887, 06/09/2016)

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

a. In areas designated as rural on the land use plan maps, the height, scale, and design of structures shall be compatible with the character of the surrounding natural environment, except where technical requirements dictate otherwise. Structures shall be subordinate in appearance to natural landforms; shall be designed to follow the natural contours of the landscape; and shall be sited so as not to intrude into the skyline as seen from public viewing places.

b. In areas designated as urban on the land use plan maps and in designated rural neighborhoods, new structures shall be in conformance with the scale and character of the existing community. Clustered development, varied circulation patterns, and diverse housing types shall be encouraged.

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

(Amended by Ord. 4067, 08/18/1992)

d. Mechanical and electrical equipment shall be well integrated in the total design concept.

e. There shall be harmony of material, color, and composition of all sides of a structure or building.

f. A limited number of materials will be on the exterior face of the building or structure.

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

h. Site layout, orientation, and location of structures, buildings, and signs are in an appropriate and well designed relationship to one another, respecting the environmental qualities, open spaces, and topography of the property.

i. Adequate landscaping is provided in proportion to the project and the site with due regard to preservation of specimen and landmark trees, existing vegetation, selection of planting which will be appropriate to the project, and adequate provisions for maintenance of all planting.

j. Signs including their lighting, shall be well designed and shall be appropriate in size and location.

k. The proposed development is consistent with any additional design standards as expressly adopted by the Board of Supervisors for a specific local community, area, or district pursuant to Section 35-144A of this Article.

(Amended by Ord. 3978, 02/21/1992)

Additional findings required for Board of Architectural Review applications within the Montecito Community Plan area.

a. A Board of Architectural Review application for a lot located within the Montecito Community Plan area shall be approved or conditionally approved only if the Board of Architectural Review also first makes all of the findings identified in Section 35-213 (BAR Findings Required for Approval).

Additional findings required for Board of Architectural Review applications within the Summerland Community Plan area.

a. Plans for new or altered structures will be in compliance with the Summerland Residential Design Guidelines or Summerland Commercial Design Guidelines, as applicable.

b. Permitted encroachment of structures, fences, walls, landscaping, and other development, into existing public road rights-of-way is consistent in style with the urban and rural areas and minimizes visual or aesthetic impacts.

c. Landscaping or other elements are used to minimize the visual impact of parking proposed to be located in front setback areas.

d. If Monterey or Contemporary architectural styles are proposed, the design is well executed within the chosen style, and the style, mass, scale, and materials proposed are compatible with the surrounding neighborhood.

e. If located in the Rural Area:

All structures (primary and accessory structures, including residences, garages, guest houses, barns, corrals, sheds, greenhouses, lath houses, artist studios, etc.) and private driveways are located on slopes of 20 percent or less.
Special attention is focused on the design of future structures in order to minimize use of large vertical faces. Large understories and exposed retaining walls shall be avoided.
All structures, fences, walls, and roofs are constructed using medium to dark earthtone colors and construction materials that are compatible with the natural surroundings.
All colors blend in with the surrounding soils, vegetation, and rock outcroppings.
Light colors such as white, offwhite, grey, etc., are not used.
Night lighting is of low intensity, and is hooded, shielded, and directed away from property boundaries.
Any necessary retaining walls shall be constructed in earthtones using materials or construction methods which create a textured effect and, where feasible, native groundcovers are planted to cover retaining walls from view.
All cut and fill slopes are planted with native drought-tolerant groundcover immediately after grading is completed.
All mitigation measures required for minimizing impacts to agricultural resources are applied as aesthetic mitigation measures such that the existing rural agricultural setting is preserved.

Additional findings required for Design Review applications within the Eastern Goleta Valley Community Plan area. Where Design Review is required in compliance with Section 35-98.5 (Eastern Goleta Valley), plans for new or altered structures will be in compliance with the Eastern Goleta Valley Residential Design Guidelines, as applicable. The Eastern Goleta Valley Residential Design Guidelines, which are intended to serve as a guide only, shall constitute "additional design standards" for purposes of Subsection 35-184.6.k. (Added by Ord. 4942, 12/14/2017)
Additional finding required for Design Review applications within the Gaviota Coast Plan area. Where Design Review is required in compliance with Subsection B.3, above, plans for new or altered residential structures and structures that are accessory to residential structures will be in compliance with the Gaviota Coast Plan Design Guidelines, as applicable. The Gaviota Coast Plan Design Guidelines, which are intended to serve as a guide only, shall constitute "additional design standards" for purposes of Subsection 35-184.6.1.

Section 35-184.7 Appeals.

The decision of the Board of Architectural Review to grant or deny Preliminary or Final approval is final subject to appeal in compliance with Section 35-182 (Appeals). Advisory recommendations of the North County Board of Architectural Review are not subject to appeal.

Section 35-184.8 Expiration (Added by Ord. 4318, 06/23/1998)

Where there is an associated development permit, Board of Architectural approvals shall expire on the date the associated development permit (e.g., Coastal Development Permit, Development Plan), 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 the Director may grant an extension of the approval if an active development application is being processed by Planning and Development.
Advisory recommendations of the North County Board of Architectural Review shall not expire.

[Figure: Figure 1 - Regional Board of Architectural Review Jurisdictional Areas]

Figure 1 - Regional Board of Architectural Review Jurisdictional Areas

Exceptions & meaning →

Section 35-185. - Enforcement, Legal Procedures, and Penalties.¶

(Amended by Ord. 3508, 05/06/1985)

Section 35-l85.l Investigation.

The Director, or any person within the Department of Planning and Development authorized by the Director, is hereby authorized to investigate all reported or apparent violations of any of the provisions of this Article. If a violation is determined to exist or to be impending, the Director is hereby authorized to take such measures as he deems necessary or expedient to enforce and secure compliance with the provisions of this Article.

l. Director defined. As used in this section, the term "Director" refers to the Director of the Planning and Development Department and also to any person within the Department of Planning and Development who is authorized by the Director to act on his or her behalf.

Cooperation of other officials. The Director or his or her agents may request, and shall receive, the assistance and cooperation of other officials of the County to assist in the discharge of their duties.
Right of entry and inspection. The Director may enter at all reasonable times any building, structure, or premises in the County of Santa Barbara for the purpose of carrying out any act necessary to perform any duty imposed by this Article. Upon request the Director shall provide adequate identification. Except under exigent circumstances, an inspection warrant shall be obtained if entry is refused.
Liability. The Director or any other person charged with the enforcement of this Article, if acting in good faith and within the course and scope of his or her employment, shall not thereby be liable personally, and is hereby relieved from all personal liability, for any damage that may accrue to persons or property as the result of, or by reason of, any act or omission occurring in the discharge of his or her duties. Any suit brought against the Director, or his or her agents or employees, because of such act or omission, performed in the enforcement of any provision of this Article, shall be defended by the County Counsel of Santa Barbara County.

Section 35-185.2 Work Stoppage

Where any building construction work is being done contrary to the provisions of this Article, the Director may order the work stopped by giving notice in writing and serving such notice and order on any persons engaged in doing or causing such work to be done. Any such persons, their agents, employees, or servants, shall forthwith stop such work until such time as re-commencement is authorized by the Director.

Section 35-185.3 Referral for Legal Action.

If unable to otherwise enforce the terms of this Article, the Director shall refer the matter to the District Attorney and/or County Counsel of the County of Santa Barbara for appropriate legal action.

Section 35-185.4 Legal Actions.

l. Civil Actions.

a. Public Nuisance. Any building or structure which is set up, erected, constructed, altered, enlarged, converted, moved, or maintained contrary to the provisions of this Article, and any use of any land, building, or premises established, conducted, operated, or maintained contrary to the provisions of this Article, shall be and the same is hereby declared to be unlawful and a public nuisance.

b. Injunctive Relief. Whenever, in the judgment of the Director, any person, firm, or corporation has engaged in or is about to engage in any act or practice which constitute or will constitute a violation of any provision of this Article or any rule, regulation, order, or permit issued thereunder, and at the request of the Director, the District Attorney or County Counsel of the County may make application to the Superior Court for an order enjoining such act or practice, or for an order directing compliance, and upon a showing by the department that such person, firm, or corporation has engaged in or is about to engage in any such act or practice, a permanent or temporary injunction, restraining order, or other order may be granted.

c. Abatement. In the event that any person, firm, or corporation shall fail to abate a violation hereunder, after notice of same and opportunity to correct or end the violation, the Director of the Planning and Development Department may request the County Counsel or District Attorney to apply to the Superior Court of this County for an order authorizing the Planning and Development Department to undertake those actions necessary to abate the violation and requiring the violator to pay for the costs of such undertaking.

Civil Remedies and Penalties.

a. Civil Penalties. Any person, whether acting as principal, agent, employee, or otherwise, who willfully violates the provisions of this Article or any rule, regulation, order, or permit issued thereunder, shall be liable for a civil penalty not to exceed $25,000.00 for each day that the violation continues to exist.

b. Costs and Damages. Any person, whether as principal, agent, employee, or otherwise, violating any provisions of this Article on the rules, regulations, orders, or permits issued hereunder, shall be liable to the County of Santa Barbara for the costs incurred and the damages suffered by the County, its agents, and agencies as a direct and proximate result of such violations.

c. Procedure. In determining the amount of the civil penalty to impose, the court shall consider all relevant circumstances, including, but not limited to, the extent of the harm caused by the conduct constituting a violation, the nature and persistence of such conduct, the length of time over which the conduct occurred, the assets, liabilities, and net worth of the violator, whether corporate or individual, and any corrective action taken by defendant.

Criminal Actions and Penalties.

a. Infractions. Any person, firm, or corporation, whether as a principal, agent, employee, or otherwise, violating any provisions of this Article, or the rules, regulations, orders, or permits issued thereunder, shall be guilty of an infraction, and upon conviction thereof, shall be punishable by l) a fine not exceeding $l00.00 for a first violation; 2) a fine not exceeding $200.00 for a second violation of the same ordinance within one year; and 3) a fine not exceeding $500.00 for each additional violation of the same ordinance within one year.

b. Misdemeanors. Any offense which would otherwise be an infraction may, at the discretion of the District Attorney, be filed as a misdemeanor if the defendant has been convicted of two or more violations of any of the provisions of this Article within the l2-month period immediately preceding the commission of the offense or has been convicted of three or more violations of any of the provisions of this Article within the 24-month period immediately preceding the commission of the offense. Upon conviction of a misdemeanor the punishment shall be a fine of not less than $500.00 nor more than $25,000.00 or imprisonment in the County jail for a period not to exceed 60 days or by both such fine and imprisonment, except that where such prior convictions are alleged in the accusatory pleading, and either admitted by the defendant in open court, or found to be true by the jury trying the issue of guilt or by the court where guilt is established by plea of guilty or nolo contendere or by trial by the court sitting without a jury, the punishment shall be a fine of no less than $l,000.00 nor more than $25,000.00 or by imprisonment in the County jail for a period not to exceed six months or by both such fine and imprisonment.

c. Violations. Each and every day during any portion of which any violation of this Article or the rules, regulations, orders, or permits issued thereunder, is committed, continued or permitted by such person, firm, or corporation shall be deemed a separate and distinct offense.

Section 35-185.5 Cumulative Remedies and Penalties.

The remedies or penalties provided by this Article are cumulative to each other and to the remedies or penalties available under all other laws of this state.

Section 35-185.6 Recovery of Costs. (Added by Ord. 3597, 10/06/1986; Amended by Ord. 4557, 12/07/2004)

l. Purpose and Intent. This section establishes procedures for the recovery of costs expended on the enforcement of the provisions of this Article. The intent of this section is to recoup costs reasonably related to enforcement.

Definitions. For the purpose of this section, the following words and phrases shall have the meanings respectively ascribed to them herein.

Owner: The record owner or any person having possession and control of the subject property;

Costs: Administrative costs, including staff time expended and reasonably related to enforcement for items including site inspections, summaries, reports, telephone contacts, correspondence with the owner and any concerned citizens or officials, and related travel time.

The Planning and Development Department shall maintain records of all costs, incurred by responsible County departments, associated with the processing of violations and enforcement of this Article and shall recover such costs from the property owner as provided herein. Staff time shall be calculated at an hourly rate as established and revised from time to time by the Board of Supervisors.
Notice. Upon investigation and a determination that a violation of any of the provisions of this Article is found to exist, the Director, or any person within the department authorized by the Director, shall notify the record owner or any person having possession or control of the subject property by mail of the existence of the violation, the Department's intent to charge the property owner for all costs associated with enforcement, and of the owner's right to a hearing on objections thereto. The notice shall be in substantially the following form:

NOTICE

The Department of Planning and Development has determined that conditions exist at the property at ___________ which violate Section _______ of the County Code, to wit: (description of violation) Notice is hereby given that at the conclusion of this case you will receive a summary of costs associated with the processing of this violation, at an hourly rate as established and adjusted from time to time by the Board of Supervisors. The hourly rate presently in effect is $___ per hour of staff time. You will have the right to object to these charges by filing a Request for Hearing with the Department of Planning and Development within 10 days of service of the summary of charges, pursuant to Section 35-185.6.6. Additionally, where a permit(s) is obtained to legalize all, or part of, this violation, you will be subject to an additional permit processing fee for after-the-fact authorization of development, equal to, and in addition to, all otherwise applicable permit fees, but in no case shall the additional permit processing fee for after-the-fact authorization of development exceed $2,000.00. The additional permit processing fee shall not be construed, in any manner, to be in-lieu of any penalties that may be otherwise assessed for the un-permitted development pursuant to any other Section of the certified Local Coastal Program or Coastal Act.

At the conclusion of the case, the Director shall send a summary of costs associated with enforcement to the owner and/or person having possession or control of the subject property by certified mail. Said summary shall include a notice in substantially the following form:

NOTICE

If you object to these charges you must file a Request for Hearing on the enclosed form within 10 days of the date of this notice. If you fail to timely request a hearing, your right to object will be waived and you will be liable to the County for these charges, to be recovered in a civil action in the name of the County, in any court of competent jurisdiction within the County, or by recording a lien against the property that is the subject of the enforcement activity. If after a hearing the Director affirms the validity of the costs, you will be liable to the County in the amount stated in the summary or any lesser amount as determined by the Director. These costs shall be recoverable in a civil action in the name of the County, in any court of competent jurisdiction within the County, or by recording a lien against the property that is the subject of the enforcement activity. The amount of the lien may be collected at the same time and in the same manner as property taxes are collected. The decision of the Director may be appealed to the Santa Barbara County Board of Supervisors pursuant to Section 35-182.3 of Chapter 35 of the County Code.

Any property owner, or other person having possession and control thereof, who receives a summary of costs under this section shall have the right to a hearing before the Director on his objections to the proposed costs in accordance with the procedures set forth herein.

a. A request for hearing shall be filed with the department within 10 days of the service by mail of the Department's summary of costs, on a form provided by the Department.

b. Within 30 days of the filing of the request, and on 10 days written notice to the owner, the Director shall hold a hearing on the owner's objections, and determine the validity thereof.

c. In determining the validity of the costs, the Director shall consider whether total costs are reasonable in the circumstances of the case. Factors to be considered include, but are not limited to, the following: whether the present owner created the violation; whether there is a present ability to correct the violation; whether the owner moved promptly to correct the violation; the degree of cooperation provided by the owner; whether reasonable minds can differ as to whether a violation exists.

d. The Director's decision may be appealed to the Board of Supervisors pursuant to Section 35-182.3.

In the event that a request for hearing by the Director is not filed in a timely manner, or that after a hearing the Director affirms the validity of the costs and an appeal to the Board of Supervisors is not filed in a timely manner, the property owner or person in control and possession shall be liable to the County in the amount stated in the summary or any lesser amount as determined by the Director. If the costs have not been paid within 45 days of notice thereof, these costs shall be recoverable in a civil action in the name of the County, in any court of competent jurisdiction within the County, or by recording a lien against the property that is the subject of the enforcement activity.

a. Except for liens recorded against a property (1) containing an owner-occupied residential dwelling unit or (2) to recover costs associated with an enforcement, abatement, correction, or inspection activity regarding a violation in which the violation was evident on the plans that received a building permit, the amount of the proposed lien may be collected at the same time and in the same manner as property taxes are collected. All laws applicable to the levy, collection, and enforcement of ad valorem taxes shall be applicable to the proposed lien, except that if any real property to which the lien would attach has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of taxes would become delinquent, then the lien that would otherwise be imposed by this section shall not attach to real property and the costs of enforcement relating to the property shall be transferred to the unsecured roll for collection.

b. The amount of any cost shall not exceed the actual cost incurred performing the inspections and enforcement activity; the actual cost may include permit fees, fines, late charges, and interest.

c. The owner of the property that is the subject of the enforcement activity shall be provided with written notice of the proposed lien, including a description of the basis for the costs comprising the lien, a minimum of 45 days after notice to pay the costs. The notice shall also inform the owner of the ability to appeal the imposition of the proposed lien to the Board of Supervisors regarding the amount of the proposed lien. The notice shall be mailed by certified mail to the last known address of the owner of the property.

d. The Board of Supervisors may delegate the holding of the hearing required by Section 35-185.6.8 to a hearing board designated by the Board of Supervisors. The hearing board may be the housing appeals board established pursuant to Section 17920.5 of the Health and Safety Code or any other body designated by the Board of Supervisors. The hearing board or body shall make a written recommendation to the Board of Supervisors which shall include factual findings based on evidence introduced at the hearing. The Board of Supervisors may adopt the recommendation without further notice of hearing, or may set the matter for a de novo hearing before the Board of Supervisors. Notice in writing of the de novo hearing shall be provided to the owner of the property that is the subject of the enforcement activity at least 10 days in advance of the scheduled hearing.

e. If the Board of Supervisors determines that the proposed lien authorized pursuant to subdivision (a) shall become a lien, the body may also cause a notice of lien to be recorded. This lien shall attach upon recordation in the office of the county recorder of the County of Santa Barbara and shall have the same force, priority, and effect as a judgment lien, not a tax lien. The notice shall, at a minimum, identify the record owner or possessor of the property, set forth the last known address of the record owner or possessor, set forth the date upon which the lien was created against the property, and include a description of the real property subject to the lien and the amount of the lien.

Section 35-185.7 Processing Fee Assessment. (Added by Ord. 3597, 10/06/1986)

Any person who shall erect, construct, alter, enlarge, move or maintain any building or structure, or institute a use for which a permit is required by this Article without first having obtained a permit therefore, shall, if subsequently granted a permit for that building, structure or use, or any related building, structure or use on the property, first pay such additional permit processing fees as established from time to time by the Board of Supervisors.

Section 35-185.8 Violations of Conditions-Penalty. (Added by Ord. 3597, 10/06/1986)

If any portion of a privilege authorized by a Modification, Coastal Development Permit, Variance, Conditional Use Permit, Development Plan or other permit approved under this chapter is utilized, the conditions of the Modification, Coastal Development Permit, Variance, Conditional Use Permit, Development Plan or other permit approved under this chapter, immediately become effective and must be strictly complied with. The violation of any valid condition imposed by the Planning Commission, Board of Supervisors, Zoning Administrator, or Planning and Development Department in connection with the granting of any Modification, Coastal Development Permit, Variance, Conditional Use Permit, Development Permit, or other permit taken pursuant to the authority of Chapter 35, shall constitute a violation and shall be subject to the same penalties as defined in Section 35-185.

Section 35-185.9 Temporary Suspension of Compliance in order to Protect Public Health. (Added by Ord. 5109, 07/02/2020, Amended by Ord 5122)

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, the following provisions apply for the temporary period specified below.

Temporary Time Period. Sections 35-161.2.a, 35-179B.D.8, 35-179E and 35-185.9 (ordinance amendments related to COVID-19) shall be in effect immediately after the Executive Director of the Coastal Commission executes a waiver pursuant to Pub. Resources Code § 30611, and expire the earlier of when 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 by ordinance amendment.

a. The expiration date of these temporary amendments may be extended or revised by the Board of Supervisors by adoption of future ordinance amendments. Unless otherwise extended or amended by the Board, upon expiration this ordinance, shall be repealed and shall be of no further force or effect.

Development Standards. For approved projects, this section authorizes the temporary suspension of compliance with the project description and/or conditions of approval related to the following standards provided the requirements of Subsection 3, below, are met:

a. Setbacks.

b. Site coverage maximums.

c. Minimum open space.

d. Parking and loading standards.

e. Signs.

f. The requirement that uses shall occur within a completely enclosed building.

g. Restrictions on uses in the right of way.

h. Limitations on food service at wineries and tasting rooms.

i. Other development standards as determined to be necessary by the Director for the protection of public health due related to COVID-19.

Requirements. To be eligible for the temporary suspension of compliance, all of the following requirements must be met:

a. The temporary changes to an approved project that render the project unable to strictly comply with its project description, conditions of approval, and/or the development standards listed in Subsection 2, above, 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.

b. The owner/applicant must follow all State and local directives regarding reopening of businesses or community entities during the COVID-19 pandemic response, including certification or attestation and COVID-19 protection plan. Public health restrictions related to COVID-19 are subject to rapid change and nothing in this Section 35-185.9 is intended, nor shall it be construed, to allow approved projects to operate in violation of any federal, State, or local public health orders.

c. The project otherwise complies with its project description, conditions of approval, applicable development standards, and Comprehensive Plan, including Coastal Land Use Plan policies.

d. Any state or local permit or approval required by regulations other than Article II is obtained (e.g., a business purposes encroachment permit, health permit, alcoholic beverage control license, fire department authorization).

e. The approved project is non-residential.

f. The use does not occur within environmentally sensitive habitat. No native vegetation or environmentally sensitive habitat would be removed to accommodate the use of outdoor areas.

g. To ensure public access is not obstructed, there is no expansion onto beaches.

h. The use of outdoor areas does not result in the expansion of the existing capacity of the business or community entity (e.g., a restaurant with 20 indoor tables and a 40 person capacity maintains the same number of tables and capacity with more space between the tables).

i. No structures are proposed, constructed, or erected (temporary coverings, such as canopies or umbrellas, to shade occupants from the sun and/or weather are allowed).

Enforcement.

a. If the completed checklist, revised site plan, photos, and description of proposal are not submitted pursuant to Subsection 35-179E.2, or upon submittal the Director determines, in the Director's sole discretion, that the requirements of Subsection 3, above, are not satisfied, the Director may notify the owner/applicant that the suspension of compliance to protect public health is not applicable and the Director may initiate enforcement action. The Director's action is not subject to appeal.

b. If a completed checklist, revised site plan, photos, and description of proposal are submitted pursuant to Subsection 35-179E.2 and the requirements of Subsection 3, above, are met, as determined in the sole discretion of the Director, strict compliance to the applicable portions of the project description, conditions of approval, and/or the development standards listed in Subsection 2, above is not required and the temporary changes to the project shall not constitute a violation subject to penalties, for the time period specified in Subsection 1, above. The Director's action is not subject to appeal.

Exceptions & meaning →

Section 35-186. - Validity.¶

If any division, section, sentence, clause or phrase of this Article is for any reason held to be unconstitutional or invalid such decision shall not affect the validity of the remaining portions of this Article. The Board of Supervisors hereby declares that it would have passed this article and each section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, sub-sections, sentences, clauses or phrases be declared unconstitutional or invalid.

Exceptions & meaning →

Section 35-180. - Amendments to a Certified Local Coastal Program.¶

Section 35-181. - Noticing.¶

Section 35-182. - Appeals.¶

Section 35-183. - Re-applications.¶

Section 35-184. - Board of Architectural Review.¶

Section 35-185. - Enforcement, Legal Procedures, and Penalties.¶

Section 35-186. - Validity.¶

Explained in plain English