Santa Barbara County Municipal Code Ch. 35.84 Post Approval Procedures

This Chapter establishes procedures for depositing and releasing performance securities, revising approved or issued permits required by this Development Code, granting extensions of time, and revoking permits and approvals.

(Ord. No. 5275, § 101, 1-27-2026)

A. Deposit of financial assurances.

1. As a condition of approval of a planning permit, the review authority may require the deposit of a financial assurance (aka security) in a reasonable amount to ensure the faithful performance of one or more of the conditions of approval of a planning permit in the event that the obligor fails to perform.

2. The financial assurance shall be in the form of cash, surety/performance bond, trust fund (assignment of credit, certificate of deposit, passbook), irrevocable letter of credit, or other mechanism approved by the County.

3. The financial assurance shall remain in effect until all of the secured conditions have been performed to the satisfaction of the Director.

B. Payable to the County. Any financial assurance required in compliance with this Section shall be payable to the County.

C. Satisfactory compliance. After satisfactory compliance with all applicable provisions of this Section, the financial assurance shall be released to the permittee.

D. Failure to comply.

1. Upon failure to perform any secured condition, the County may perform the condition, or cause it to be done, and may collect from the obligor, and surety in case of a bond, all costs incurred, including administrative, engineering, legal, and inspection costs.

2. Any unused portion of the financial assurance shall be refunded to the obligor after deduction of the cost of the work.

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

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

C. Contents of application. An application for a Time Extension shall be submitted in compliance with Chapter 35.80 (Permit Application Filing and Processing).

D. The Director may extend the expiration of a permit or approval issued under this Development Code one time for two years for good cause shown in compliance with this Section.

1. Permits with approved phasing plans. The allowance for a time extension apply to each individual phase. Each phase requires a separate time extension application.

E. An application for a time extension shall be filed with the Department at least 30 days before the expiration of the permit, approval, or phase that is the subject of the Time Extension request.

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

G. Prior to an action by the Director to approve or conditionally approve the application, the Director shall first determine that the requirements for the issuance of the original permit or approval are still met.

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

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

(Ord. No. 5180, § 1, 5-16-2023; Ord. No. 5275, § 102, 1-27-2026)

Development, land use, or project design authorized through an approval granted in compliance with this Development Code shall be established only as approved by the review authority and in compliance with any conditions of approval, except where a change is approved in the following manner. A change may be requested before, during or after construction or establishment and operation of the approved project.

A. Contents of application. An application for a change to an approved or issued planning permit or design review approval shall be submitted in compliance with Chapter 35.80 (Permit Application Filing and Processing).

B. Land Use Permits, Design Reviews, and Zoning Clearances. Minor changes to an approved or issued Land Use Permit, Design Review approval, or issued Zoning Clearance, may be allowed; provided, the changes substantially conform to the approved or issued permit, review, or clearance. A request shall be processed in the following manner:

1

Commercial Cannabis Cultivation Land Use Permits. Minor changes to an approved Land Use Permit for commercial cannabis cultivation (outdoor, mixed-light, indoor, and nursery) are subject to Section 35.84.040.D (Minor Changes to Land Use Permits for Commercial Cannabis Cultivation), below.

2. Zoning Clearances, Design Reviews, and Land Use Permits Other than Land Use Permits for Commercial Cannabis Cultivation.

a. Except for Land Use Permits for commercial cannabis cultivation, the Director may approve a minor change to an approved or issued Land Use Permit, Design Review approval, or issued Zoning Clearance, subject to all of the following:

(1).

The Director determines that the minor change substantially conforms to the approved plans and the originally approved or issued permit;

(2).

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

(3).

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

(4).

The Land Use Permit, Design Review, or Zoning Clearance has not expired; and

(5).

The minor change is exempt from Design Review in compliance with Section 35.82.070 (Design Review).

b. Where a minor change of an approved or issued Land Use Permit, Design Review approval, or issued Zoning Clearance, is approved, the permit, review, or clearance shall have the same effective and expiration dates as the original permit, review, or clearance and no additional public notice shall be required.

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

d. The determination to allow a minor change to an approved or issued Land Use Permit, Design Review approval, or issued Zoning Clearance, is final and not subject to appeal.

Note: Also refer to Appendix C (Guidelines for Minor Changes to Land Use Permits, Design Reviews, and Zoning Clearances).

C. Planning Permits Other Than Land Use Permits and Zoning Clearances. Changes to approved planning permits, other than Land Use Permits and Zoning Clearances, may be approved in the following manner.

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

a. Contents of application. An application for a Substantial Conformity Determination shall be submitted in compliance with Chapter 35.80 (Permit Application Filing and Processing).

b. Processing.

(1) The Director shall review the application for the Substantial Conformity Determination for compliance with the Comprehensive Plan including any applicable community or area plan, this Development Code, and other applicable conditions and regulations, and approve, conditionally approve, or deny the request. A public hearing shall not be required before the Director takes action on the application for the Substantial Conformity Determination.

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

(3) Notice of the application or pending decision on a Substantial Conformity Determination is not required.

c. Zoning Clearance required prior to commencement of development and/or use authorized by the Substantial Conformity Determination. Prior to the commencement of the development and/or use authorized by the Substantial Conformity Determination, the issuance of a Zoning Clearance in compliance with Section 35.82.210 (Zoning Clearances) shall be required.

d. Time Limits.

(1) If the Zoning Clearance or Land Use Permit required by the original permit has not been exercised, the Substantial Conformity Determination shall be subject to the same time limit as the original permit.

(2) If the Zoning Clearance or Land Use Permit required by the original permit has been exercised, a Zoning Clearance for the development and/or use authorized by the Substantial Conformity Determination shall be issued within four years of the date the Director took action on the application for the Substantial Conformity Determination.

(a) The Director may extend the time limit of an approved Substantial Conformity Determination in compliance with Section 35.84.030 (Time Extensions).

(b) If the required time limit in which to obtain the required Zoning Clearance has expired and an application for an extension has not been submitted, then the Substantial Conformity Determination shall be considered void and of no further effect.

2. Amendments. Where the Director is unable to determine that a requested change to an approved permit is a minor revision pursuant to Subsection C.1, above, the Director may instead amend the permit in compliance with the following.

a. Contents of application. An application for an Amendment shall be submitted in compliance with Chapter 35.80 (Permit Application Filing and Processing).

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

(1) Was analyzed for potential environmental impacts and policy consistency as part of the processing of the approved permit and an Addendum to the previous environmental document could be prepared in compliance with the California Environmental Quality Act; or

(2) Was not analyzed for potential environmental impacts and policy consistency as part of the processing of the approved permit, but the proposed new development could be found exempt from environmental review in compliance with the California Environmental Quality Act.

c. Processing.

(1) The Department shall review the application in compliance with the requirements of the California Environmental Quality Act.

(2) The Department shall refer the application to the Board of Architectural Review and the Subdivision/Development Review Committee for review and recommendations to the review authority. This requirement may be waived by the Director if the Director determines that the requirement is unnecessary.

(3) Notice of pending decision on an Amendment shall be given in compliance with Chapter 35.106 (Noticing and Public Hearings).

(4) The Director shall review the application for the Amendment for compliance with the Comprehensive Plan including any applicable community and area plan, this Development Code, and other applicable conditions and regulations, and approve, conditionally approve, or deny the request. A public hearing shall not be required before the Director takes action on an application for an Amendment.

(5).

The action of the Director is final subject to appeal in compliance with Chapter 35.102 (Appeals).

(6) Findings. An application for an Amendment shall be approved or conditionally approved only if the Director first makes all of the following findings:

(a) The changes to the project that are the subject of the Amendment conform to the applicable provisions of the Comprehensive Plan including any applicable community or area plan.

(b) The proposed development and/or use is located on a legally created lot.

(c) The changes to the project that are the subject of the Amendment would not create a new environmental effect or the need for new mitigation measures.

d. Zoning Clearance required prior to commencement of development and/or use authorized by an Amendment. Prior to the commencement of the development and/or use authorized by the Amendment, the issuance of a Zoning Clearance in compliance with Section 35.82.210 (Zoning Clearances) shall be required.

e. Time Limits.

(1) If the Zoning Clearance or Land Use Permit required by the original permit has not been exercised, the Amendment shall be subject to the same time limit as the original permit.

(2) If the Zoning Clearance or Land Use Permit required by the original permit has been exercised, a Zoning Clearance for the development and/or use authorized by the Amendment shall be issued within four years of the effective date of the Amendment.

(a) The Director may extend the time limit of an approved Amendment in compliance with Section 35.84.030 (Time Extensions).

(b) If the required time limit in which to obtain the required Zoning Clearance has expired and an application for an extension has not been submitted, then the Amendment shall be considered void and of no further effect.

3. Revisions.

a. A revised permit shall be required for changes to an approved permit where the findings identified in Subsection C.2 (Amendments) above cannot be made and substantial conformity cannot be determined in compliance with Subsection C.1 (Substantial Conformity Determinations).

b. A revised permit shall be processed in the same manner as a new permit.

c. The approval by the review authority of a revised permit shall automatically supersede the previously approved permit upon the effective date of the revised permit.

D. Minor Changes to Land Use Permits for Commercial Cannabis Cultivation. Minor changes to an approved Land Use Permit for commercial cannabis cultivation (outdoor, mixed-light, indoor, and nursery) in the AG-II, M-RP, M-1, and M-2 zones may be allowed. A request shall be processed in the following manner:

1. The Director may approve a minor change to an approved Land Use Permit where the Director determines:

a. The minor change is either environmentally beneficial (e.g., changes to improve the efficacy of odor control systems) or does not result in new, adverse environmental effects not analyzed or discussed at the time of project approval or in the need for additional mitigation measures;

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

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

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

e. The Land Use Permit has not expired; and

f. The minor change is exempt from Design Review in compliance with Section 35.82.070 (Design Review).

2. Where a minor change of an approved Land Use Permit is approved, the permit shall have the same effective and expiration dates as the original permit and no additional public notice shall be required.

3. If the Director determines a proposed change to an approved Land Use Permit does not meet the above criteria, a new Conditional Use Permit shall be required.

4. Determinations made pursuant to this subsection are not subject to Appendix C (Guidelines for Minor Changes to Land Use Permits) or Appendix F (Substantial Conformity Determination Guidelines).

5. The determination to allow a minor change to an approved Land Use Permit for commercial cannabis cultivation is final and not subject to appeal.

(Ord. No. 5161, § 6, 8-16-2022; Ord. No. 5275, § 103, 1-27-2026)

An application shall not be accepted or acted upon if within the past 12 months an application has been made and denied by the County which covers substantially the same real property, and which requests approval of substantially the same project, unless the review authority allows the reapplication because of an express finding that one or more of the following factors applies:

A. New evidence. New evidence potentially material to a revised decision is presented which was unavailable or unknown to the applicant at the previous hearing and which could not have been discovered in the exercise of reasonable diligence by the applicant.

B. Substantial and permanent change of circumstances. There has been a substantial and permanent change of circumstances since the previous hearing which materially affects the applicant's real property.

C. Mistake made at the previous hearing. A mistake was made at the previous hearing which was a material factor in the denial of the previous application.

Any permit granted under this Development Code may be revoked or revised for cause if any of the conditions or terms of the permit are violated, if the permit was approved based on inaccurate information provided by the applicant, or if any law or ordinance is violated.

A. Procedures.

1. Initiation of Proceeding. Revocation proceedings shall be initiated by the Director.

2. Review Authority. The Director shall act as the review authority for Revocations based on consideration of the requirements in this Section, except as provided below.

a. The Director, with affirmative consent from the property owner, may refer any Revocation to the Planning Commission for consideration and decision when, in the Director's opinion, the public interest would be better served by having the Planning Commission act as the review authority. The Director's decision to refer or not to refer a Revocation to the Planning Commission is final and not subject to appeal.

3. Noticing and Public Hearings.

a. Director as Review Authority. Where the Director is the review authority for a Revocation, notice of the revocation or revisions of the permit or approval shall be provided to the permittee and property owner.

b. Planning Commission or Board of Supervisors as Review Authority. Where the Planning Commission or Board of Supervisors is the review authority for a Revocation, the Planning Commission or Board of Supervisors shall hold at least one noticed public hearing on the Revocation. Notice of the hearing shall be given and the hearing shall be conducted in compliance with Chapter 35.106 (Noticing and Public Hearings).

4. The action of the review authority is final subject to appeal in compliance with Chapter 35.102 (Appeals).

B. Required Findings. The review authority may revoke or revise the permit if it makes any of the following findings:

1. That the approval was obtained by fraud or inaccurate information;

2. The use or structure authorized by the permit or approval is removed from the site or remains vacant and unused for its authorized purpose, or is abandoned or discontinued for a period greater than 12 consecutive months;

3. That the permit or approval granted is being, or recently has been, exercised contrary to the terms or conditions of such approval, or in violation of any statute, ordinance, law or regulation;

4. That the use for which the approval was granted was or is so exercised as to be detrimental to the public health or safety;

5. That the circumstances under which the permit was granted have been changed by the owner or operator to such a degree that one or more of the findings contained in the permit is no longer valid and the public health, safety, and welfare merit revocation of the permit; or

6. That the conditions of approval are found to be inadequate to mitigate the impacts of the use allowed by the permit, and the public health, safety and welfare merit modification of the permit.

(Ord. No. 5226, § 15, 12-10-2024; Ord. No. 5275, § 104, 1-27-2026)

If the permit or other action in compliance with this Development Code is approved, the owner or applicant shall allow appropriate County officials access to the premises at all reasonable times in order to determine continued compliance with the approved permit and/or any conditions of approval imposed on the permit.