Santa Barbara County Municipal Code Ch. 35.104 Amendments

The purpose and intent of this Chapter is to provide procedures consistent with Government Code Section 65000 et seq. for:

A. Amending the text and/or maps of the Comprehensive Plan.

B. Amending the text of this Development Code as the County may deem reasonable, necessary, or desirable.

C. Amending the zoning designation on properties where the change is warranted by consideration of location, surrounding development, and timing of development.

A. Comprehensive Plan. An amendment to the Comprehensive Plan may include revisions to the text and/or maps of the Comprehensive Plan.

B. Development Code. An amendment to this Development Code may modify or add a new standard, requirement, allowed use, or procedure applicable to land use or development that is located outside the Montecito Community Plan area and the Coastal Zone.

C. Zoning Map. An Amendment to the County Zoning Map not including those portions that lie within the Montecito Community Plan area or within the Coastal Zone has the effect of rezoning property from one zone to another, including the addition or deletion of overlay zones.

D. Compliance with Chapter. All applications for Amendments shall be initiated, filed, processed, considered, and acted upon in full compliance with this Chapter.

An Amendment may only be initiated in the following manner:

A. Board. By the Board, which may include the approval of a resolution of intention by the Board;

B. Commission. By the Commission, which may include the approval of a resolution of intention by the Commission;

C. Director. By the Director; or

D. Applicant. By an application by an authorized applicant as follows:

1. Comprehensive Plan Amendment. An application to amend the text and/or maps of the Comprehensive Plan may be made by any person with a substantial interest in the proposed Amendment.

2. Development Code Amendment. An application to amend the text of the Development Code may be made by any person with a substantial interest in the proposed Amendment.

3. Zoning Map Amendment. Application by one or more persons owning property representing at least 50 percent of the assessed valuation of the property for which the zone classification change is sought.

A. Application shall ensure consistency. Any application filed in compliance with this Chapter that is inconsistent with the use and/or density requirements of this Development Code, the County Zoning Map or the Comprehensive Plan, shall be accompanied by an application to make the project consistent.

B. Contents of application. If initiated by a person other than the Board, Commission, or Director, an Amendment application shall be filed in compliance with Chapter 35.80 (Permit Application Filing and Processing).

1. In addition to any other application requirements, the application for a Zoning Map Amendment shall include information, data, or other evidence in support of the applicable findings required by Section 35.104.060.

a. Application shall include a Development Plan. An application for a Zoning Map Amendment to rezone property shall require the submittal of an application for a Development Plan in compliance with Section 35.82.080 (Development Plans), unless the Director expressly waives the requirement.

C. Processing.

1. Application acceptance.

a. Director review. After receipt of an application the Director shall review the application and determine whether to accept the application for processing or to refer the application to the Commission to determine whether to accept the application for processing.

(1) The Director may refer any application to the Commission that the Director determines to be:

(a) Inconsistent with the Comprehensive Plan and the inconsistency would not be resolved by approval of the amendment, or

(b) Inconsistent with this Development Code and the inconsistency would not be resolved by approval of the amendment, or

(c) Inconsistent with a recent Comprehensive Plan or Community Plan update, or

(d) Precedent setting in nature, or

(e) In conflict with any recent action by the Board, or

(f) Likely to generate or has generated substantial public controversy, or

(g) If the application involves an amendment to the Comprehensive Plan, that the application is not in the public interest as required by Government Code Section 65358(a).

(2) The action of the Director to refer an application to the Commission is final and not subject to appeal.

(3) If the Director refers the application to the Commission, then the Director shall provide a recommendation to the Commission as to whether the application should be accepted for processing.

b. Commission review. Upon referral by the Director, the Commission shall hold at least one noticed public hearing on the application and may accept, or decline to accept, the application for processing. If the Commission declines to accept the application for processing, then the Commission shall refer the application to the Board for a final decision regarding whether to accept the application for processing.

(1) The action of the Commission to refer an application to the Board is final and not subject to appeal.

(2) If the Commission refers the application to the Board, then the Commission shall provide a recommendation to the Board as to whether the application should be accepted for processing.

c. Board review. Upon referral by the Commission, the Board shall hold at least one noticed public hearing on the application and may accept, or decline to accept, the application for processing. The decision of the Board is final.

2. Following acceptance of the application for processing, the Department shall review the application in compliance with the requirements of the California Environmental Quality Act.

3. The Director may refer the application to the Subdivision/Development Review Committee and/or the Board of Architectural Review for review and recommendations to the Commission.

4. In compliance with Government Code Section 65351, during the review of a Comprehensive Plan Amendment, the Department shall provide opportunities for the involvement of citizens, California Native American Indian tribes, public agencies, public utility companies, and civic, education, and other community groups, through public hearings and any other means the Department deems appropriate.

5. The Department shall also refer a proposed Comprehensive Plan Amendment to other agencies in compliance with Government Code Section 65352.

6. Native American consultation required. Prior to the adoption of any Comprehensive Plan Amendment the Department, in compliance with Government Code Sections 65352.3 and 65352.4. shall conduct consultations with California Native American tribes that are on the contact list maintained by the Native American Heritage Commission for the purpose of preserving or mitigating impacts to places, features, and objects described in Public Resources Code Sections 5097.9 and 5097.993 that are located within the County's jurisdiction.

D. Sites with valid Conditional Use Permit. If there is a valid and operational Conditional Use Permit associated with a proposed amendment to the text of the Development Code and/or the County Zoning Map and under the revised text or new zone the conditionally permitted use would become a permitted use, the Conditional Use Permit including the conditions of approval shall remain valid and in force unless altered or deleted in compliance with Section 35.82.060 (Conditional Use Permits and Minor Conditional Use Permits).

(Ord. No. 5192, § 26, 11-7-2023; Ord. No. 5275, § 116, 1-27-2026)

A. Comprehensive Plan Amendments.

1. Commission hearing and action.

a. The Commission shall hold at least one noticed public hearing on the proposed Amendment. Notice of the time and place of the hearing shall be given and the hearing shall be conducted in compliance with Chapter 35.106 (Noticing and Public Hearings) and Government Code Sections 65090 and 65091, as applicable.

b. At the conclusion of the hearing the Commission shall recommend approval, conditional approval or denial of the proposed Amendment. The Commission's recommendation shall be adopted and transmitted to the Board by resolution of the Commission carried by the affirmative vote of not less than a majority of the total membership of the Commission.

c. The Commission shall adopt a resolution recommending approval or conditional approval of the Amendment only if the Commission first makes all of the findings identified in Section 35.104.060 (Findings Required for Approval of Amendments), below, and Section 35.104.080 (Rezoning Requirements for Specific Zones), below, as applicable.

d. In compliance with Government Code Section 65354.5, any interested party may file a written request for a hearing on the Amendment by the Board with the Clerk of the Board within the five days following the Commission adopting its recommendation. Notice of the time and place of the hearing shall be given and the hearing shall be conducted in compliance with Chapter 35.106 (Noticing and Public Hearings) and Government Code Section 65090.

2. Board hearing and action.

a. Following the receipt of the Commission's recommendation or where a hearing has been requested in compliance with Subsection A.1.d, above, the Board shall hold at least one noticed public hearing on the proposed Amendment.

b. Notice of the time and place of the hearing shall be given and the hearing shall be conducted in compliance with Chapter 35.106 (Noticing and Public Hearings) and Government Code Section 65090.

c. The Board may approve, modify, or deny the recommendation of the Commission.

(1) The Board shall adopt an Amendment by resolution which shall be adopted by the affirmative vote of not less than a majority of the total membership of the Board.

(2) Any substantial modification of the proposed Amendment by the Board not previously considered by the Commission during its hearing shall first be referred to the Commission for report and recommendation.

(a) The Commission shall not be required to hold a public hearing on the referral.

(b) The failure of the Commission to report within the 45 calendar days following the referral, or within the time set by the Board, shall be deemed a recommendation for approval.

d. The Board shall adopt a resolution approving or conditionally approving the Amendment only if the Board first makes all of the findings identified in Section 35.104.060 (Findings Required for Approval of Amendments) below.

B. Development Code and Zoning Map Amendments.

1. Commission hearing and action.

a. The Commission shall hold at least one noticed public hearing on the proposed Amendment. Notice of the time and place of the hearing shall be given and the hearing shall be conducted in compliance with Chapter 35.106 (Noticing and Public Hearings) and Government Code Sections 65090 and 65091, as applicable.

b. At the conclusion of the hearing the Commission shall recommend approval, conditional approval or denial of the proposed Amendment. The Commission's recommendation shall be adopted and transmitted to the Board by resolution of the Commission carried by the affirmative vote of not less than a majority of its total voting members.

c. The Commission shall adopt a resolution recommending approval or conditional approval of the Amendment only if the Commission first makes all of the findings identified in Section 35.104.060 (Findings Required for Approval of Amendments), below, and Section 35.104.080 (Rezoning Requirements for Specific Zones), below, as applicable.

d. In compliance with Government Code Section 65855 the Commission's recommendation shall include the reasons for the recommendation, and the relationship of the proposed Amendment to the Comprehensive Plan and applicable Specific Plans.

2. Board hearing and action.

a. Following the receipt of the Commission's recommendation:

(1) Development Code Amendments. The Board shall hold at least one noticed public hearing on the proposed Amendment.

(2) Zoning Map Amendments. The Board shall hold at least one noticed public hearing on the proposed Amendment except that if the Commission recommends denial of the Zoning Map Amendment then the Board shall not be required to hold a public hearing or take any further action on the matter unless:

(a) An aggrieved party appeals the action of the Commission in compliance with Chapter 35.102 (Appeals), or

(b) An interested party requests a hearing by filing a written request with the Clerk of the Board within the five calendar days after the Commission files its recommendation with the Board.

b. Notice of the time and place of the hearing shall be given and the hearing shall be conducted in compliance with Chapter 35.106 (Noticing and Public Hearings) and Government Code Section 65090.

c. The Board may approve, modify or deny the recommendation of the Commission.

(1) The Board shall adopt a Development Code or Zoning Map Amendment by ordinance which shall be adopted by the affirmative vote of not less than a majority of its total voting members.

(2) Any substantial modification of the proposed Amendment by the Board not previously considered by the Commission during its hearing shall first be referred to the Commission for report and recommendation.

(a) The Commission shall not be required to hold a public hearing on the referral.

(b) The failure of the Commission to report within the 40 calendar days after the referral, or within the time set by the Board, shall be deemed a recommendation for approval.

d. The Board shall adopt a ordinance approving or conditionally approving the Amendment only if the Board first makes all of the findings identified in Section 35.104.060 (Findings Required for Approval of Amendments) and Section 35.104.080 (Rezoning Requirements for Specific Zones), below, as applicable.

C. Compliance with Measure A96 required.

1. Vote required for onshore support facility for offshore oil and gas activity. Any legislative approval by the Board (e.g., Comprehensive Plan, Development Code or Zoning Map Amendment) which would authorize or allow the construction, development, installation, or expansion of any onshore support facility for offshore oil and gas activity on the South Coast of the County (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 in a regular election in compliance with Section 35.52.020 (Voter Approval - Facilities on South Coast That Support Offshore Oil and Gas Activities).

2. Measure A96 to terminate in 2021. This voter approval requirement was added to this Development Code in compliance with the Measure A96 voter approval initiative, passed by the voters of the County on March 26, 1996, is in effect for 25 years, terminating in 2021.

An application for an Amendment to the Comprehensive Plan, Development Code or Zoning Map may be approved only if the review authority first makes all of the following findings, as applicable to the type of Amendment.

A. Findings for Comprehensive Plan, Development Code and Zoning Map Amendments.

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

2. The request is consistent with the Comprehensive Plan, the requirements of the State planning and zoning laws, and this Development Code.

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

B. Additional finding for Comprehensive Plan Amendments.

1. If the request is for an amendment to the Comprehensive Plan, then the review authority shall also find that the request is deemed to be in the public interest.

A. Comprehensive Plan, Development Code or Zoning Map. A Comprehensive Plan, Development Code or Zoning Map Amendment shall become effective on the 31st day following the adoption an ordinance or resolution, as applicable, by the Board.

Editor's note— Ord. No. 5275, § 117, adopted January 27, 2026, repealed the former Section 35.104.080 in its entirety, which pertained to rezone requirements for specific zones and derived from original codification.