Santa Barbara County Municipal Code Ch. 35.106 Noticing and Public Hearings

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

A. Minimum requirements. Unless otherwise specified, whenever the provisions of this Development Code require public notice, notice shall be given by the Department in compliance with Government Code Sections 65090—65096 and the following.

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

a. Newspaper publication.

(1) Notice of public hearing. 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 the scheduled public hearing by the review authority, except as provided below.

(a) Design Review. Notice by newspaper publication is not required for public hearings by the review authority related to Design Review applications.

(b) Land Use Permits. Notice by newspaper publication is not required for public hearings by the review authority related to Land Use Permit applications.

b. Mailed notice.

(1) Notice of filing of a complete application. Notice of the filing of a complete application shall be mailed within the 15 calendar days following the Department's determination in compliance with Section 35.80.050 (Initial Application Review) 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) 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 Chapter 35.44 (Telecommunications Facilities).

(f) 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 35.44.010 (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.

(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 35.44.010 (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.

(2) Notice of public hearing or review authority action/pending decision. Notice of public hearing or review authority 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), above, except as follows for Land Use Permit applications and Modification applications that are subject to Design Review.

(a) If a Land Use Permit or Modification application is subject to Design Review in compliance with Section 35.82.070 (Design Review), notice shall be made at least 10 days before the scheduled date of the initial review by the Board of Architectural Review including conceptual review.

(3) 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 the notice required by Subsections A.1.a and A.1.b.(2), 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 days before the scheduled hearing or action.

c. Contents of notice. The contents of the notice shall be in compliance with Section 35.106.080 (Contents of Notice) below.

d. 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.

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

a. Posted notice. The applicant shall post a notice of a public hearing or review authority action/pending decision in compliance with the following:

(1) 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 public 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.

(2) 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 applications that are under the jurisdiction of the Planning Commission or Board of Supervisors, the notice shall be a minimum of two feet tall by three feet wide.

(3) Said notice shall be posted by the applicant:

(a) At least 10 days before the scheduled public hearing or review authority 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.

(4) The notice shall be required to be continuously posted from the date required by Subsection A.2.a.(3) above until at least 10 days following an action of the review authority to approve, conditionally approve, or deny the application, including an action on an appeal of the decision of the review authority.

(5) The applicant shall provide proof of the posting of the required notice by filing an affidavit of noticing and any other required documentation with the Department no later than 10 days before the scheduled initial public hearing or action by the review authority. Failure of the applicant to comply with this Section may result in postponement of the public hearing or action by the review authority.

(Ord. No. 5275, § 118, 1-27-2026)

Editor's note— Ord. No. 5275, § 119, adopted January 27, 2026, repealed the former Section 35.106.050 in its entirety, which pertained to land use permits and derived from original codification.

Editor's note— Ord. No. 5275, § 120, adopted January 27, 2026, repealed the former Section 35.106.060 in its entirety, which pertained to design review and derived from original codification.

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

1. The Department shall provide mailed notice of applications for Emergency Permits to all owners of property located within a 300-foot radius of the exterior boundaries of the subject lot.

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

3. The Department shall also conspicuously post a notice in one location on the subject lot.

4. The mailing or posting of notice is not required to precede the actual commencement of the emergency work.

(Ord. No. 5275, § 121, 1-27-2026)

Editor's note— Ord. No. 5275, § 122, adopted January 27, 2026, repealed the former Section 35.106.075 in its entirety, which pertained to time extensions under the jurisdiction of the director and derived from original codification.

A. All Notices. The following shall be included in all notices required to be provided by the Department in compliance with this Section.

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

2. The Department case number assigned to the application.

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

4. A general description of the project and its location.

B. Notice for projects that require a public hearing or discretionary review authority action. In addition to the information required to be included in all notices pursuant to Subsection A (All Notices) above, the following shall be included in all notices required to be provided by the Department for projects that require a public hearing or discretionary action by a review authority.

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

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

C. Notice for projects that do not require a public hearing or discretionary review authority action. In addition to the information required to be included in all notices pursuant to Subsection A (All Notices) above, the following shall be included in all notices required to be provided by the Department for projects that do not require a public hearing or discretionary action by a review authority.

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

a. How to participate in the review of the application;

b. How to receive notification of any pending Design Review, if applicable, or action to approve, conditionally approve, or deny the application;

c. How to submit comments either in writing or orally before review by the Board of Architectural Review if applicable, or action to approve, conditionally approve, or deny the application; and

d. 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.

2. If applicable, the date of the pending action on the application and the date of expiration of the appeal period.

(Ord. No. 5275, § 123, 1-27-2026)

Editor's note— Ord. No. 5238, § 20, adopted February 11, 2025, repealed the former Section 35.106.090 in its entirety, which pertained to notice of pending exemption from permits and derived from original codification.

The failure of any person or entity to receive notice given in compliance with this Chapter or in compliance with State law (Government Code Sections 65090—65096) shall not invalidate the actions of the Department or the applicable review authority.

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

B. Hearing may be continued.

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

2. If an announcement of a continued date, time, and place is not given, notice of further hearings shall be provided in compliance with this Chapter.

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