Santa Barbara County Municipal Code § 35-51B Exemptions from Planning Permit Requirements

The regulations contained in this Article shall be known as and referred to as the "Coastal Zoning Ordinance of Santa Barbara County."

Pursuant to Public Resources Code Section 30500 of the California Coastal Act of 1976, this County must prepare a local coastal program (LCP) for that portion of the unincorporated area of the County within the Coastal Zone. County's local coastal program must include: (1) the Land Use Plan (LUP), which is the local coastal element (Public Resources Code Section 30108.55) of the County's general plan (Public Resources Code Section 30108.5);(2) a zoning ordinance, which is this Article, and (3) zoning district maps which apply the regulations of this ordinance to property, which when taken together, meet the requirements of and implement the provisions and policies of the Coastal Act of 1976, Public Resources Code Section 30108.6.

On March 17, 1981, the California Coastal Commission, pursuant to Public Resources Code Section 30512(d), certified most of County's Land Use Plan. The next step required in the preparation of the Local Coastal Program is the preparation and adoption by County of this zoning ordinance, which will implement the certified Land Use Plan by classifying and regulating the uses of land, buildings, and structures within the Coastal Zone.

The purposes of this ordinance are to:

1. Protect, maintain, and where feasible, enhance and restore the overall quality of the Coastal Zone environment and its natural and manmade resources.

2. Assure orderly, balanced utilization and conservation of Coastal Zone resources taking into account the social and economic needs of the people of this County and of the State.

3. Maximize public access to and along the coast and maximize public recreational opportunities in the Coastal Zone consistent with sound resource conservation principles and constitutionally protected rights of private property owners.

4. Assure priority for coastal-dependent and coastal-related development over other development on the coast.

5. Provide a definite plan for development so as to guide the future growth of the County within the Coastal Zone.

6. Protect the character and stability (social and economic) of agricultural, residential, commercial, and industrial areas.

Any person (including the County, any utility, any federal, state, local government, or special district or any agency thereof) wishing to perform or undertake any development within the Coastal Zone of the unincorporated area of the County of Santa Barbara shall comply with the provisions of this Article with the following exceptions:

1. Lands the use of which is by law subject solely to the discretion of or which is held in trust by the Federal Government, its officers or agents. (16 U.S.C. Section1453, Federal Coastal Zone Management Act of 1972)

2. New or expanded thermal electric generating plants and electric transmission lines connecting such plants to existing electric transmission systems under the exclusive jurisdiction of the California Energy Resources Conservation and Development Commission. (Public Resources Code Section 25500 and 30264)

3. Any development proposed or undertaken within any state university or college. (Public Resources Code Section 30519)

4. Repair and maintenance, other than that within an environmentally sensitive habitat area, undertaken by the County or any district or agency of which the Board of Supervisors of County is the governing body.

5. Any development proposed or undertaken on any tidelands, submerged lands, or on public trust lands, whether filled or unfilled (Public Resources Code Section 30519), unless the County has permitting authority because the public trust lands have been filled and developed and are located in an area committed to urban uses (Public Resources Code Section 30613).

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

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

A. General requirements for exemption. The land uses, structures, and activities identified by Subsection B. (Exempt activities and structures) below, are exempt from the planning permit requirements of this Article only when:

1. The use, activity, or structure is established and operated in compliance with the setback requirements, height limits, parking requirements, and all other applicable standards of this Article, the required provisions and conditions of any existing, approved permits for the subject lot and, where applicable, Division 10 (Nonconforming Structures and Uses); and

2. Any permit or approval required by regulations other than this Article is obtained (for example, a Building Permit and/or Grading Permit).

B. Exempt activities and structures. The following types of development are exempt from the requirements of this Article to obtain a Coastal Development Permit, except as noted below. Development that does not qualify as an exempt activity or structure in compliance with this Subsection A (Exempt activities and structures) may still be allowed in compliance with a Coastal Development Permit issued in compliance with Section 35-169 (Coastal Development Permits).

1. Exemption does not apply. An exemption for the types of development described in Subsections B.2 through B.5, B.9 and B.11, below, shall not apply, and a Coastal Development Permit shall be required in addition to any other required planning permit, where:

a. The development or structure is located within or adjacent to a wetland, stream, beach, environmentally sensitive habitat area, or on or within 300 feet of a coastal bluff, or within areas designated in the Coastal Land Use Plan as highly scenic; or

b. Any significant alteration of land forms, including removal or placement of vegetation, occurs on a beach, wetland, stream, or sand dune, or within 50 feet (for improvements to existing single family residences) or 100 feet (for improvements to all other structures governed by Subsection B.2 of this Section) of the edge of a coastal bluff, in environmentally sensitive habitat areas; or

c. The development or structure may result in any potential adverse effects to public access to the beach or public hiking and equestrian trails (including where there is substantial evidence of prescriptive rights); or

d. The development or structure may result in significant adverse impacts to scenic views from beaches, parklands, public viewing areas and public roadways; or

e. On property that is located between the sea and the first public road paralleling the sea or within 300 feet of the inland extent of any beach or of the mean high tide of the sea where there is no beach, whichever is the greater distance, or in designated significant scenic resources areas, a development results in:

1. An increase of 10 percent or more of internal floor area of an existing structure or an additional improvement of 10 percent or less where an improvement to the structure had previously been undertaken pursuant to the exemption in Subsection B.2 (Improvements to a structure, other than a public works facility), below, or the analogous exemption in Coastal Act (PRC § 30610(a) or (b)), which would result in a total increase in floor area of 10 percent or more, and/or

2. An increase in height by more than 10 percent of an existing structure and/or any significant non-attached structure such as a garage, fence, or shoreline protective works or docks.

f. The improvement is to a structure other than an existing single family residence and changes the intensity of use of the structure.

g. The improvement is to a structure where the development permit issued for the original structure by the Coastal Commission, regional Coastal Commission, or County indicated that any future improvements would require a Coastal Development Permit.

h. In areas which the County or Coastal Commission has previously declared by resolution after public hearing to have a critically short water supply that must be maintained for the protection of coastal resources or public recreational use, the construction of any specified water-using development not essential to residential use including swimming pools, or the construction or extension of any landscaping irrigation system.

i. The development includes an expansion or construction of water wells or septic systems.

j. Any improvement to a structure other than an existing single family residence made pursuant to a conversion of an existing structure from a multiple unit rental use or visitor-serving commercial use to a use involving fee ownership or long-term leasehold including but not limited to a condominium conversion, stock cooperative conversion or motel/hotel timesharing conversion.

2. Improvements to a structure, other than a public works facility. The following development and uses may constitute improvements to a structure, other than a public works facility, that are exempt from the requirement to obtain a Coastal Development Permit except as provided in Subsection B.1 (Exemption does not apply), above. For purposes of this Subsection B (Exempt activities and structures), where there is an existing structure, other than a public works facility, (1) all fixtures and other structures directly attached to the structure; and (2) landscaping on the lot, shall be considered a part of that structure. Additionally, the following development and uses may be determined by the Director to be improvements to a structure, other than a public works facility, even when the development and use is not directly attached to the existing structure, provided that the development and use is accessory to the existing structure:

a. Accessory structures. One story detached accessory structures used as tool or storage sheds, playhouses, gazebos, pergolas, and similar structures, provided that the height does not exceed 12 feet, floor area does not exceed 120 square feet, and the structure does not have electrical, gas, or plumbing facilities.

b. Antennas. Ground or roof mounted receive-only satellite dish or wireless television antenna less than one meter in diameter used solely by the occupants of the property on which the antenna is located for the noncommercial, private reception of communication signals, see Section 35-144G (Noncommercial Telecommunications Facilities).

c. Change of occupancy. A change in occupancy of an existing structure that complies with all of the following:

1. The occupancy or use that exists prior to the change is a legal, permitted use of the structure.

2. The change of occupancy is from a land use listed as a permitted use in the applicable zone in Division 4 (Zoning Districts) to the same land use (e.g., from restaurant, café or coffee shop to a restaurant, café or coffee shop) and does not result in a change in density or intensity of land use.

3. The new occupancy does not result in an increase in the number of parking spaces required to be provided on-site.

4. The new occupancy is established and operated in compliance with the setback requirements, height limits, parking requirements, and all other applicable standards of this Article, including any required provisions and conditions of any existing, approved permits for the subject lot.

5. Any permit or approval required by regulations other than this Article is obtained (for example, a Building Permit and/or Grading Permit).

d. Decks, platforms, walk, driveways. Decks, platforms, walks, and driveways that are not required to have a Building Permit or Grading Permit, and that are not over 30 inches above finish grade, or located over a basement or story below.

e. Doors, windows, window features and skylights. Doors, windows, and skylights, and window awnings that are supported by an exterior wall and project no more than 54 inches from an exterior wall of a building.

f. Fences, gates, gateposts, and walls. See Section 35-123 (Fences, Walls and Gate Posts).

g. Exterior parking. Exterior parking on a residentially zoned lot that does not require a Coastal Development Permit pursuant to Section 35-117A.1.

h. Grading. Grading activities of 50 cubic yards or less that do not require the approval of a Grading Permit.

i. Interior alterations. Interior alterations that do not result in any of the following:

1. A conversion from non-habitable area to habitable area.

2. An increase in the gross floor area within the structure.

3. An increase in the required number of parking spaces.

4. A change in the permitted use of the structure.

j. Onsite wastewater treatment systems. The repair of any portion of an existing onsite wastewater treatment system, including alternative wastewater treatment systems and wastewater treatment systems located on a lot in a Special Problem Area that is designated as such due to sewage disposal constraints, provided that the repair does not result in expansion of the system.

k. Propane tanks. Propane tanks located in residential or agricultural zones.

l. Seismic retrofits. Seismic retrofits to existing structures that are limited to the addition of foundation bolts, hold-downs, lateral bracing at cripple walls and other structural elements required by County Ordinance 4062. The seismic retrofits shall not increase the gross square footage of the structure, involve exterior alterations to the structure, alter the footprint of the structure, nor increase the height of the structure.

m. Signs, flags, and similar devices. Signs that may be permitted in compliance with Section 35-138 (Signs and Advertising Structures) that are proposed to be affixed to existing, lawfully constructed structures.

n. Solar energy systems. The addition of solar energy systems to the roofs of existing lawful structures.

o. Spa, hot tub, pond. A spa, hot tub, fish pond, or other water feature that does not exceed a total area of 120 square feet, including related equipment, or does not contain more than 2,000 gallons of water.

p. Storage of materials. Storage of materials accessory to the principal structure or use on the lot on which the storage is located on a residentially zoned lot that does not require a Coastal Development Permit pursuant to Section 35-144K.C.

q. Structures of limited value. Except for telecommunications facilities regulated under Sections 35-144F (Commercial Telecommunication Facilities) and Section 35-144G (Non-commercial Telecommunication Facilities), structures having an aggregate value of less than $2,000.00, as determined by the Planning and Development Department.

r. Trailer storage. The storage of a trailer as an accessory use to residential use in compliance with Section 35-132.10.6.

s. Family Day Care Home, serving children. A change of use from a residential to a large or small family day care home, serving children, is exempt from zoning permits. An application to construct a new structure to be used as a large or small family day care home, serving children, is subject to the same standards and permit requirements as a proposal to construct a residential structure in the same zone.

3. Agricultural activities. As part of existing, on-going lawfully established agricultural operations, the following development and uses are exempt from the requirement to obtain a Coastal Development Permit, except as provided in Subsection B.1 (Exemption does not apply), above.

a. Agricultural accessory structures.

1. One story detached accessory structures used as tool or storage sheds and similar structures, provided that the height does not exceed 12 feet, floor area does not exceed 120 square feet, and the structure does not have electrical, gas or plumbing facilities.

2. In the AG-I, AG-II and RR zones, agricultural accessory structures that are roofed and supported by posts or poles, do not exceed 500 square feet of roof area, are unenclosed on all sides, and do not have plumbing or electrical facilities.

3. In the AG-II zone, loading ramps used for the purpose of loading livestock for transport.

b. Agricultural product sales. See Section 35-131 (Agricultural Sales).

c. Fences, gates, gateposts, and walls. See Section 35-123 (Fences, Walls and Gate Posts).

d. Grading. Grading activities of 50 cubic yards or less that do not require the approval of a Grading Permit.

e. Irrigation lines. The installation of irrigation lines provided the approval of a Grading Permit is not required.

f. Propane tanks. Propane tanks located in residential or agricultural zones.

g. Signs, flags, and similar devices. Signs that may be permitted in compliance with Section 35-138 (Signs and Advertising Structures) that are proposed to be affixed to existing, lawfully constructed structures.

h. Structures of limited value. Except for telecommunications facilities regulated under Sections 35-144F (Commercial Telecommunication Facilities) and 35-144G (Non-commercial Telecommunication Facilities), structures having an aggregate value of less than $2,000.00, as determined by the Planning and Development Department.

4. Drywells. Performance testing and installation of dry wells, except for lots in designated Special Problem Areas for sewage disposal.

5. Final or Parcel Map recordation. The recordation of a Final Map or Parcel Map following the approval of a Tentative Map including Vesting Tentative Maps provided a Coastal Development Permit was approved in conjunction with the approval of the Tentative Map and the Coastal Development Permit has not expired.

6. Lot Line Adjustment recordation. The recordation of documents required to complete a Lot Line Adjustment provided a Coastal Development Permit was approved in conjunction with the approval of the Lot Line Adjustment and the Coastal Development Permit has not expired.

7. Repair and maintenance.

a. Repair and maintenance activities are exempt from the requirement to obtain a Coastal Development Permit, except as provided in Subsection B.7.b, below, provided the activities:

1. Do not result in addition to, or enlargement or expansion of the object of the repair or maintenance activities; and

2. Comply with Appendix C (County Guidelines on Repair and Maintenance, and Utility Connection to Permitted Development) of this Article herein incorporated by reference.

b. The exemption in Subsection B.7.a above shall not apply to the extraordinary methods of repair and maintenance which require a Coastal Development Permit because they involve a risk of adverse environmental impact as described in Section III of Appendix C (County Guidelines on Repair and Maintenance, and Utility Connection to Permitted Development) of this Article herein incorporated by reference.

8. Retaining walls. Retaining walls (retaining earth only) that are not over four feet in height measured from the bottom of the footing to the top of the wall and does not require a Grading Permit in compliance with County Code Chapter 14.

9. Structure Destroyed By Natural Disaster.

a. Damaged or destroyed structure. In compliance with the intent of Public Resources Code Section 30610(g) and this Development Code, the restoration or reconstruction of a conforming structure (other than a public works facility) damaged or destroyed by a disaster, as determined by the Director. For the purposes of this Section only, disaster is defined as a situation in which the force or forces that destroyed the structure to be replaced were beyond the control of the owners.

1. The replaced or restored structure shall comply with all requirements of the applicable zone (including permitted uses), shall be for the same use as the destroyed structure, shall be in the same footprint location, and shall not exceed the floor area, height, or bulk of the damaged or destroyed structure by more than 10 percent. For the purposes of this Section, "structure" shall include landscaping and any erosion control structure or device; and bulk is defined as total interior cubic volume as measured from the exterior surfaces of the structure.

2. If the Director determines that the exterior design or specifications are proposed to be changed, the restored or replaced structure shall require review by the Board of Architectural Review in compliance with Section 35-184 (Board of Architectural Review), if the structure is otherwise required to be reviewed by the Board of Architectural Review (for example, the site is within the Design Control (D) Overlay District).

10. Temporary Events and Filming.

a. Temporary Events. See Section 35-137 (Temporary Uses).

b. Temporary filming structures. Structures and related development required for temporary motion picture, television, and theater stage sets and scenery, and still photographic sessions, provided that the development does not require alterations of the natural environment such as removal of vegetation, grading, or earthwork.

11. Utility connection to approved development. Installation, testing, placement in service, or the replacement of any necessary utility connection between an existing service facility and any development that has been granted a Coastal Development Permit provided the installation, testing, placement in service, or replacement is in compliance with Appendix C (County Guidelines on Repair and Maintenance and Utility Connection to Permitted Development).

C. Process. Any determination made by the Director that a use, activity, or structure is exempt from the planning permit requirements of this Article in accordance with this Section is final and not subject to appeal except in accordance with Section 30625 of the Coastal Act.

(Ord. No. 5194, § 1, 11-7-2023)

(Added by Ord. 5043, 09/13/2018)

A. General requirements for De Minimis Waiver. If a structure was 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 lot on which the replaced or restored structure would be located, and is not otherwise exempt pursuant to Section 35.51B, Exemptions from Planning Permit Requirements, the Director may waive the requirement for a Coastal Development Permit through a De Minimis Coastal Development Permit Waiver to replace or restore the structure(s) on the same lot in compliance with this Section, upon a determination that the development meets all of the following criteria and procedural requirements. Such decision is not locally appealable.

1. No Adverse Coastal Resource Impacts. The development has no potential for adverse effects, either individually or cumulatively, on coastal resources;

2. Local Coastal Program Consistency. The development is consistent with the certified Santa Barbara County Local Coastal Program, including the resource protection policies, as applicable;

a. The replaced or restored structure may be relocated on the lot if the Director, in consultation with the Flood Control District, determines the relocation to be necessary to comply with applicable setbacks from top-of-bank and to reduce flood hazards, as long as the structure otherwise complies with this Chapter and with the applicable policies of the Local Coastal Program.

b. The restored or replaced structure shall not exceed the floor area of the damaged or destroyed structure by more than 10 percent. Notwithstanding the height measurement methodology contained in Section 35-127.A, the height of the replaced or restored structure (as measured from the post-event grade to peak roof height) may exceed the height of the destroyed or damaged structure by more than 10 percent if the Director, in consultation with the Flood Control District, determines the change in the finished floor elevation to be necessary to comply with the base flood elevation that exists for the lot after the debris flow or other catastrophic event, as long as the structure otherwise complies with this Chapter and with the applicable policies of the Local Coastal Program. In no case shall the height of the structure, as measured from the lowest, finished floor to the highest part of the structure, excluding chimneys, vents, and noncommercial antennas, exceed the equivalent height of the damaged or destroyed structure by more than 10 percent. The height of the structure, as measured from post-event grade, shall not exceed the height limit of the applicable zone.

1. For the purposes of this Subsection A.2.b, post-event grade is defined as the existing grade on the lot at the time of application submittal.

c. The restored or replaced structure, even if relocated on the lot or increased in height, shall not require Design Review 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. If the structure is eligible to receive a De Minimis Waiver but requires Design Review, the structure shall receive preliminary and final design review approval before the Director waives the requirement for a Coastal Development Permit through a De Minimis Coastal Development Permit Waiver.

3. Not Appealable to California Coastal Commission. The development is not of a type or in a location where an action on the development would be appealable to the Coastal Commission (For development appealable to the Coastal Commission, see Section 35-169.4(2)).

4. Posting of Public Notice. At the time the application is submitted, public notice of the proposed De Minimis Waiver for a Coastal Development Permit shall be conspicuously posted 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 notice shall remain onsite until the effective date of the De Minimis Waiver.

5. Director Determination. The Director shall provide a notice of determination of the De Minimis Waiver determination to all known interested parties, including the Executive Director of the Coastal Commission at least ten days prior to the waiver determination being reported to the Board of Supervisors.

6. Effective Date of Waiver. After the expiration of the ten-day noticing period, County staff shall report the De Minimis Waiver to the Board of Supervisors at the next regularly scheduled hearing. If, after consideration of the waiver and any public objections to it, the Board of Supervisors requests that the waiver not be effective, then the applicant shall be advised that a Coastal Development Permit is required for the development. Otherwise, the waiver is effective immediately after the Board of Supervisors hearing.

7. Waiver Expiration. A De Minimis Waiver shall expire and be of no further force and effect if the authorized development is not commenced pursuant to a valid Grading and/or Building Permit, as applicable, within five years of the effective date of the waiver. If expired, a Coastal Development Permit or another waiver shall be required for the replaced or restored structure.

(Ord. No. 5168, § 1, 11-29-2022)

The general categories of districts established by this Article, the individual districts, and the symbols used to represent said districts, are as follows:

1. Agricultural Districts.

AG-I Agriculture I

AG-II Agriculture II

2. Residential Districts.

RR Rural Residential

R-1/E-1 Single-Family Residential

R-2 Two-Family Residential

EX-1 One-Family Exclusive Residential

DR Design Residential

PRD Planned Residential Development

SR-M Medium Density Student Residential

SR-H High Density Student Residential

MHP Mobile Home Park

(Added by Ord. 4588, 06/14/2007)

3. Commercial Districts.

C-1 Limited Commercial

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

C-2 Retail Commercial

CH Highway Commercial

C-V Resort/Visitor Serving Commercial

PI Professional and Institutional

4. Industrial Districts.

M-RP Industrial/Research Park

M-CD Coastal Dependent Industry

M-CR Coastal Related Industry

(Added by Ord. 3947, 11/19/1991)

5. Other Districts

(Amended by Ord. 4588, 06/14/2007)

PU Public Utilities

REC Recreation

RES Resource Management

TC Transportation Corridor

The regulations of this Article shall be applied to land upon the adoption of zoning ordinances adopted pursuant to Section 35-54. The boundaries of the districts and the district symbols are delineated on the zoning maps in said zoning ordinances. The district regulations corresponding to the symbol so shown shall apply within district areas delineated on said zoning maps.

In addition to the regulations governing the zoning districts described in Section 35-52, the following overlay districts and the symbols used to represent them on the zoning maps are established as follows:

(Amended by Ord. 4266, 06/24/1997; Ord. 4557, 12/07/2004)

The regulations of the overlay district shall apply to the land in the same manner as the zoning district regulations. Overlay district regulations shall apply wherever the symbol and the boundaries of the area are shown on the zoning maps. When a symbol for an overlay district is added to a zoning district symbol, the regulations of the overlay district shall be applicable in addition to the zoning district regulations. If any of the provisions of the overlay district conflict with provisions of the zoning district regulations, the provisions which are most restrictive shall govern. Exceptions may be made for the AH Overlay District provided that the overlay shall be applied in a manner consistent with all applicable policies and provisions of the Local Coastal Program. The provisions of the ESH Overlay District are more restrictive than any base zone district and therefore the provisions of the ESH shall govern over the regulations of any base zone or other overlay district.

(Amended by Ord. 4169, 10/11/199; Ord. 4388, 05/18/1999)

1. Zoning ordinances and maps delineating the boundaries of districts set forth in this Article and designating, by symbols, the zoning districts and overlay districts shall be adopted by references and by such adoption shall become a part of this Section and shall have the same force and effect as if the provisions, boundaries, location, and lines of the districts and territory therein delineated and all provisions, notations, references, and other information set forth in said ordinances and set forth and shown on said maps were specifically and fully set out and described in this Section.

2. The following certified zoning maps and zoning overlay maps, which zone the unincorporated area of the County lying within the Coastal Zone, are hereby specifically included by reference into this Section:

(Amended by Ord. 4942, 12/14/2017)

a. Carpinteria Valley Coastal Plan Zoning Overlay.

b. Channel Islands Coastal Plan Zoning.

c. Eastern Goleta Valley Community Plan Zoning.

d. Eastern Goleta Valley Community Plan Zoning Overlay.

e. Eastern Goleta Valley Community Plan Environmentally Sensitive Habitat and Riparian Corridor Land Use and Zoning Overlays.

f. Gaviota Coast Plan Zoning.

g. Gaviota Coast Plan Zoning Overlay.

h. Gaviota Coast Plan Environmentally Sensitive Habitat Overlay.

i. Goleta Community Plan Zoning South.

j. Goleta Community Plan Zoning Overlay.

k. Goleta Community Plan Environmentally Sensitive Habitat and Riparian Corridor Land Use and Zoning Overlays South.

l. Guadalupe Dunes/Point Sal Coastal Plan Zoning Overlay.

m. Montecito Community Plan Zoning Southern Section.

n. Montecito Community Plan Zoning Overlay.

o. Montecito Community Plan Environmentally Sensitive Habitat Land Use and Zoning Overlays.

p. Lompoc Valley Rural Region Zoning.

q. Santa Barbara Area Zoning and Zoning Overlay.

r. Santa Maria Valley Rural Region Zoning.

s. South Coast Rural Region Zoning.

t. Summerland Community Plan Zoning.

u. Summerland Community Plan Zoning Overlay.

v. Summerland Community Plan Environmentally Sensitive Habitat Land Use and Zoning Overlays.

w. Toro Canyon Plan Zoning.

x. Toro Canyon Plan Zoning Overlay.

y. Toro Canyon Plan Environmentally Sensitive Habitat Land Use and Zoning Overlays.

3. Where uncertainty exists as to the boundaries of any districts shown on the zoning maps, the following rules shall apply:

a. Where zoning district boundaries approximately follow lot, alley, or street lines, such lot lines and street and alley centerlines shall be construed as the district boundaries.

b. If a zoning district boundary divides a lot and the boundary line location is not otherwise designated, the location of the boundary shall be determined by use of the scale appearing on the Zoning Map.

c. Where a public street or alley is officially vacated or abandoned, the property formerly in said street or alley shall be included within the district or districts of the adjoining property on either side of said vacated or abandoned street or alley centerline.

1. All the Sections of zoning ordinances previously adopted which added development plans and zone district text provisions applicable to particular property by amendments of Article IV of Ordinance No. 661 or 3.1 of Ordinance No. 453 of the County of Santa Barbara are hereby incorporated by reference into this section and shall have the same force and effect as if the provisions of said sections were specifically and fully set out in this Section.

2. Development Plans and Plot Plans which have received County approval prior to February 1, l973, or have received a Coastal Development Permit from the State Coastal Commission shall continue in force and effect as if they were approved under the provisions of this Article.

If any conflict occurs between one or more provisions of this Article, such conflicts shall be resolved in a manner which on balance is the most protective of significant coastal resources.

If any provisions of this Article conflicts with any provision of any regulation contained in any previously adopted ordinance of the County, the provisions of this Article shall be controlling.

The Board of Supervisors of County shall establish by resolution a schedule of fees for processing the various applications required by this Article. All required fees shall be paid at the time of filing the application with the Department of Planning and Development and no processing shall commence until the fee is paid.

(Added by Ord. 4811, 11/14/2013)

A. Application contents. Each application for a permit, amendment, or other matter pertaining to this Article shall be filed with the Director on a Department application form, together with required fees and/or deposits, and all other information and materials as identified in the Planning Department application for the specific type of application.

1. At a minimum, the application shall include all information necessary for the decision-maker to make an informed decision regarding the consistency of the application with the Comprehensive Plan, including the Local Coastal Program and the regulations of this Article.

2. Submittal requirements may be increased or waived on a project specific basis as determined necessary or appropriate by the Director.

3. It is the responsibility of the applicant to establish evidence in support of the findings required by the applicable permit, amendment, or other matter pertaining to this Article.

4. Defense and indemnification agreement.

a. Unless disallowed by State law, at the time of the filing of an application, the Owner/Applicant shall agree, as part of the application, to defend, indemnify and hold harmless the County or its agents or officers and employees from any claim, action or proceeding against the County or its agents, officers or employees, to attack, set aside, void, or annul, in whole or in part, an approval of the application by the County.

1. A defense and indemnification agreement completed by the applicant on a form provided by the Department shall be submitted with the application at the time of filing the application with the Director. An application will not be accepted for processing and processing of an application will not commence unless a executed defense and indemnification agreement acceptable by the County is submitted with the application.

B. Eligibility for filing. An application may only be filed by the owner of the subject property, or other person with the written consent of the property owner, or as otherwise authorized by this Article.

C. Application fees.

1. Fee schedule. The Board of Supervisors shall establish by resolution a schedule of fees and/or deposits for the processing of the various applications required by this Article, hereafter referred to as the Board's Fee Resolution.

2. Timing of payment. Required fees and/or deposits shall be paid at the time of filing the application with the Director and no processing shall commence until the fee/deposit is paid.

3. Refunds and withdrawals. The required application fees and/or deposits cover County costs for public hearings, mailings, staff time, and the other activities involved in processing applications. Therefore, a refund due to a denial is not required. In the case of an expiration or withdrawal of an application, the Director shall have the discretion to authorize a partial refund based upon the pro-rated costs to-date and the status of the application at the time of expiration or withdrawal.

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

1. Development not appealable to the Coastal Commission. The approval of a planning permit for a project that is not appealable to the Coastal Commission shall be deemed effective on the eleventh day following the date of application approval by the appropriate decision-maker where an appeal of the decision-maker's action has not been filed in compliance with Section 35-182 (Appeals) unless otherwise indicated in the planning permit. If appealed, the planning permit shall not be deemed effective until final action by the final decision-maker on the appeal.

2. Development appealable to the Coastal Commission. The approval of a planning permit for a project that is appealable to the Coastal Commission shall become effective upon:

a. The expiration of the Coastal Commission's 10 working-day appeal period which begins the next working day following the receipt by the Coastal Commission of adequate notice of the County's final action unless otherwise indicated in the planning permit; and

b. Where an appeal of the decision maker's action has not been filed with or by the Coastal Commissioners, the applicant, or any aggrieved person in Compliance with the Coastal Act, and where a local appeal has not been filed within 10 calendar days of the date of the decision by the applicable decision maker in compliance with Section 35-182 (Appeals) unless otherwise indicated in the planning permit.

c. If appealed, the planning permit shall not be deemed effective until final action by the final decision maker on the appeal including the California Coastal Commission. If the California Coastal Commission finds substantial issue on an appeal, then the planning permit shall not be deemed effective and the Coastal Commission will consider the permit de novo.

3. Extension of effective date. The effective date shall extend to 5:00 p.m. on the following working day where the eleventh date falls on a weekend, holiday, or other day the County offices are not open for business.

4. No entitlement for development. No entitlement for the use or development shall be granted before the effective date of the planning permit.

(Added by Ord. 4888, 10/10/2014, Amended by Ord. 4946, 12-08-2016)

A. Decision-maker.

1. Table 1-1 (Decision-maker Authority) below, identifies the decision-maker responsible for reviewing and making decisions on each type of application required by this Article.

2. Any reference to the Board of Architectural Review shall refer to the Design Review body with jurisdiction in compliance with Section 35-184 (Board of Architectural Review).

B. Applications subject to more than one decision-maker.

1. When two or more discretionary applications are submitted that relate to the same development project and the individual applications are under the separate jurisdiction of more than one decision-maker in compliance with Table 1-1 (Decision-maker Authority) below, all applications for the project shall be under the jurisdiction of the decision-maker with the highest jurisdiction in compliance with the following descending order:

a. Board;

b. Commission;

c. Zoning Administrator and;

d. Director.

2. If the Board is the decision-maker for a project due to a companion discretionary application (e.g., Coastal Land Use Plan amendment, Ordinance amendment, Rezone) the Commission shall make an advisory recommendation to the Board on each application.

3. This Section shall not apply to applications for:

a. Coastal Development Permits that do not require a public hearing in compliance with Section 35-169 (Coastal Development Permits).

b. Design Review submitted in compliance with Section 35-184 (Board of Architectural Review.

c. Emergency Permits submitted in compliance with Section 35-171 (Emergency Permits).

d. Land Use Permits submitted in compliance with Section 35-178 (Land Use Permits).

e. Zoning Clearances submitted in compliance with Section 35-179A (Zoning Clearance).

Table 1-1- Decision-maker Authority

Notes:

(1) "Recommend" identifies that the decision-maker makes a recommendation to a higher decision-making body; "Decision" identifies that the decision-maker makes the final decision on the matter; "Appeal" identifies that the decision-maker may consider and decide upon appeals of the decision of an earlier decision-making body, in compliance with Section 35-182 (Appeals).

(2) The decision of the Commission to recommend denial of a Rezone is not transmitted to the Board absent the filing of an appeal or request for hearing by an interested party.

(3) This includes Coastal Development Permits where a hearing has been waived by the Director in compliance with Section 35-169.4.2.

(4) The Zoning Administrator is the review authority for Coastal Development Permits approved in compliance with Section 35-121 (Home Occupations) and Section 35-169 (Coastal Development Permits) for Home Occupations that qualify as Cottage Food Operations. The decision of the Zoning Administrator may be appealed to the Commission; the decision of the Commission may be appealed to the Board.

(5) The decision-maker on a Development Plan processed concurrently and in conjunction with the Coastal Development Permit shall also be the decision-maker on the Coastal Development Permit. A decision of the Director or Zoning Administrator may be appealed to the Commission; the decision of the Commission may be appealed to the Board.

(6) The Board of Architectural Review with jurisdiction in compliance with Section 35-184 (Board of Architectural Review) shall make decisions on Design Reviews within the County; the decision of the Board of Architectural Review may be appealed to the Commission; the decision of the Commission may be appealed to the Board.

C. Applications subject to review by the Coastal Commission. In addition to the decision-makers identified in Table 1-1 , above, final decisions by the County on the following are within the jurisdiction of the California Coastal Commission.

1. Amendments to the certified Local Coastal Program.

2. Permit decisions that may be appealed to the Coastal Commission in compliance with Section 35-182.6 (Appeals to the Coastal Commission).