A.
Purpose.
Section 814 of the Santa Barbara City Charter creates and establishes
an Architectural Board of Review for the City to promote the general
public welfare of the City and to protect and preserve the natural
and historical charm and beauty of the City and its aesthetic appeal
and beauty.
B.
Membership.
The Architectural Board of Review shall be composed of seven members
to be appointed as provided in the Charter.
C.
Officers
- quorum. The members of the Architectural Board of Review shall elect
from their own members a chair and vice-chair. The Community Development
Director shall act as secretary and record Board actions and render
written reports thereof for the Board as required by this chapter.
The Board shall adopt its own rules of procedure. Four members shall
constitute a quorum, one of which shall be an architect.
(Ord. 3646, 1974; Ord. 3792, 1975; Ord. 4701, 1991; Ord. 5050, 1998; Ord. 5416, 2007; Ord. 5519, 2010; Ord. 5798, 2017)
Community Development Director of the City of Santa Barbara,
or designee.
If any word or phrase is defined in this chapter, the definition
given in this chapter shall be operative for the purposes of this
chapter.
If a word or phrase used in this chapter is not defined in this chapter, but is defined in Chapter 28.04 (for properties in the Coastal Zone), or either Chapter 30.295 or Chapter 30.300 (for properties in the Inland Zones) of this code, the word or phrase shall have the same meaning in this chapter as the meaning specified in the chapter that applies to the zone in which the property is located.
The review and approval of an application filed pursuant
to this chapter where the minutes of the Single Family Design Board
identify the approval as "Project Design Approval." For the purposes
of the State Permit Streamlining Act (Government Code Section 65950
et seq.), the Project Design Approval is the substantive approval
of the project on its design merits.
Any words or phrases used in this chapter that are not defined in this chapter, Chapter 28.04 (for properties in the Coastal Zone), or either Chapter 30.295 or Chapter 30.300 (for properties in the Inland Zones) of this code shall be construed according to the common meaning of the words and the context of their usage.
(Ord. 5416, 2007; Ord. 5537, 2010; Ord. 5798, 2017; Ord. 6009, 2021)
A.
Approval
required before issuance of permit. No building permit or grading
permit, the application for which is subject to design review by the
Architectural Board of Review in accordance with the requirements
of this chapter, shall be issued without the approval of the Board
or the City Council, on appeal.
B.
Building permits - nonresidential, multi-unit residential, two-unit residential, and mixed-use. Any application for a building permit to construct, alter, or add to the exterior of a nonresidential, multi-unit residential, two-unit residential, or mixed-use development, or any application which will result in two or more residential units on one lot in any zone (other than the Residential Single Unit Zones listed in Chapter 28.15 or Chapter 30.20 of this code), shall be referred to the Architectural Board of Review for design review in accordance with the requirements of this chapter.
C.
Subdivision grading plans. All subdivision grading plans involving grading on a lot or lots located in any zone (other than the Residential Single Unit Zones listed in Chapter 28.15 or Chapter 30.20 of this code) shall be referred to the Architectural Board of Review for a review of the proposed grading.
D.
Grading permits. Any application for a grading permit that proposes grading on any lot (other than a lot located in the Residential Single Unit Zones listed in Chapter 28.15 or Chapter 30.20 of this code or a lot that is developed with either a single-unit residence, or a single-unit residence in combination with either an Additional Dwelling Unit (Section 28.93.030.E) or an Additional Residential Unit (Section 30.295.020.B.2)) and which application is not submitted in connection with an application for a building permit for the construction or alteration of a building or structure on the same lot shall be referred to the Architectural Board of Review for a review of the proposed grading.
E.
Exterior
color.
1.
New
Buildings. The Architectural Board of Review shall review the exterior
color of any new building or structure that is subject to design review
by the Architectural Board of Review.
2.
Alterations.
If a change of the exterior color of a building or structure is proposed
in connection with another alteration to a building or structure that
is subject to design review by the Architectural Board of Review,
the Architectural Board of Review shall review the proposed change
of color in the course of the design review of the other alteration(s).
3.
Nonresidential
Buildings or Structures. The Architectural Board of Review shall review
any change to the exterior color of a nonresidential building or related
accessory structure whether or not the change of color is proposed
in connection with another alteration of the building or structure
that is subject to design review by the Architectural Board of Review.
F.
Highway 101 improvements. Improvements to U.S. Highway 101 or appurtenant highway structures which require a Coastal Development Permit pursuant to the City's Certified Local Coastal Program, and which are located within the Highway 101 Santa Barbara Coastal Parkway Special Design District as defined by Municipal Code Section 22.68.060, shall be referred to the Architectural Board of Review for design review, except for improvements to those portions of U.S. Highway 101 and its appurtenant structures that are located within the El Pueblo Viejo Landmark District, which are subject to review by the Historic Landmarks Commission pursuant to Section 30.57.030.
G.
Substantial
alterations to approved landscape plans for lots developed with nonresidential
or multi-unit residential uses. The Architectural Board of Review
shall review any substantial alteration or deviation from the design,
character, plant coverage at maturity, or other improvements specified
on an approved landscape plan for any lot within the City of Santa
Barbara that is developed with multi-residential units, a mixed-use
development, or a building that is occupied by a nonresidential use,
whether or not such alteration or deviation to the landscape plan
is proposed in connection with an alteration to a building or structure
on the lot that is subject to design review by the Architectural Board
of Review. Whether a proposed alteration or deviation is substantial
shall be determined in accordance with the Architectural Board of
Review guidelines.
H.
Accessory
buildings. The Architectural Board of Review shall review any new
buildings, additions, or exterior alterations to existing buildings,
on projects that are subject to design review by the Architectural
Board of Review, for the following:
I.
Minor
zoning exceptions. The Architectural Board of Review shall review
applications for a Minor Zoning Exception whenever it is allowed by
Title 30 on all projects that are subject to review by the Architectural
Board of Review, subject to the criteria and findings in Title 30.
J.
Alternative open yard design. The Architectural Board of Review shall review applications for an Alternative Open Yard Design on multi-unit residential or mixed-use projects, subject to the criteria and findings Section 30.140.140, Open Yards.
K.
Outdoor
sales and display. The Architectural Board of Review shall review
all proposals for Outdoor Sales and Display (as described in Section
30.295.040.W).
L.
Architectural
Board of Review submittal requirements. Applications for review by
the Architectural Board of Review shall be made in writing in such
form as is approved by the Community Development Director. No application
required to be referred to the Architectural Board of Review shall
be considered complete unless accompanied by the application fee in
the amount established by resolution of the City Council.
M.
Administrative
review and approval. Minor design alterations, as specified in the
Architectural Board of Review Design Guidelines approved by a resolution
of the City Council, may be approved as a ministerial action by the
Community Development Director without review by the Architectural
Board of Review. The Community Development Director shall have the
authority and discretion to refer any minor design alteration to the
Architectural Board of Review if, in the opinion of the Community
Development Director, the alteration has the potential to have an
adverse effect on the architectural or landscape integrity of the
building, structure or surrounding property.
(Ord. 3646, 1974; Ord. 3835, 1976; Ord. 4040, 1980; Ord. 4076, 1980; Ord. 4701, 1991; Ord. 4725, 1991; Ord. 4768, 1992; Ord. 4849, 1994; Ord. 4878, 1994; Ord. 4940, 1996; Ord. 4995, 1996; Ord. 5035, 1997; Ord. 5271, 2003; Ord. 5333, 2004; Ord. 5416, 2007; Ord. 5505, 2009; Ord. 5798, 2017)
A project that is otherwise subject to review by the Architectural Board of Review in accordance with the requirements of this chapter shall be referred to the Historic Landmarks Commission for review in accordance with the requirements of Chapter 30.157 if the project is proposed in any of the following locations:
A.
A lot
on which a City Landmark or City Structure of Merit is located,
B.
A property
on the City's Potential Historic Resources List, or
C.
Any
property located within El Pueblo Viejo Landmark District or another
landmark district.
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This referral to the Historic Landmarks Commission is supplemental to any other design review requirements required by Chapter 30.57 due to the status of any building or structure on the lot or the location of the lot within a landmark district. The fact that an application for a building permit or grading permit is not subject to design review pursuant to this chapter shall not excuse or exempt an application from review pursuant to Chapter 30.57 of this code.
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(Ord. 5416, 2007)
A.
Projects
that require a noticed hearing. Review of the following projects by
the Architectural Board of Review must be preceded by a noticed public
hearing:
1.
A
new two-unit residential, multi-unit residential, mixed-use or nonresidential
building,
2.
The
addition of over 500 square feet of net floor area to a two-unit residential
or multi-unit residential development,
3.
An
addition of a new story or an addition to an existing second or higher
story of a two-unit residential or multi-unit residential development,
4.
An
addition or alteration that will result in an additional residential
unit on a lot,
6.
Projects
involving grading in excess of 250 cubic yards outside the footprint
of any main building (soil located within five feet of an exterior
wall of a main building that is excavated and recompacted shall not
be included in the calculation of the volume of grading outside the
building footprint), or
7.
Projects
involving exterior lighting with the apparent potential to create
significant glare on neighboring parcels.
8.
Projects involving an application for a Minor Zoning Exception as specified in Section 30.245.050 of this code.
B.
Mailed notice. Not less than 10 calendar days before the date of the hearing required by subsection A above, the City shall cause written notice of the project hearing to be sent by first class mail to the following persons: the applicant and the current record owner (as shown on the latest equalized assessment roll) of any lot, or any portion of a lot, which is located not more than 300 feet from the exterior boundaries of the lot which is the subject of the action. The written notice shall advise the recipient of the following: (1) the date, time and location of the hearing; (2) the right of the recipient to appear at the hearing and to be heard by the Architectural Board of Review; (3) the location of the subject property; and (4) the nature of the application subject to design review.
C.
Additional noticing methods. In addition to the required mailed notice specified in subsection B above, the City may also require notice of the hearing to be provided by the applicant in any other manner that the City deems necessary or desirable, including, but not limited to, posted notice on the project site and notice delivered to non-owner residents of any of the 20 lots closest to the lot which is the subject of the action. However, the failure of any person or entity to receive notice given pursuant to such additional noticing methods shall not constitute grounds for any court to invalidate the actions of the City for which the notice was given.
D.
Projects
requiring decisions by the City Council, Planning Commission, or Staff
Hearing Officer. Whenever a project requires another land use decision
or approval by the City Council, the Planning Commission, or the Staff
Hearing Officer, the mailed notice of the first hearing before the
Architectural Board of Review shall comply with the notice requirements
of this section or the notice requirements applicable to the other
land use decision or approval, whichever are greater. However, nothing
in this section shall require either: (1) notice of any hearing before
the Architectural Board of Review to be published in a newspaper;
or (2) mailed notice of hearings before the Architectural Board of
Review after the first hearing conducted by the Architectural Board
of Review, except as otherwise provided in the Architectural Board
of Review Guidelines adopted by resolution of the City Council.
(Ord. 4995, 1996; Ord. 5380, 2005; Ord. 5416, 2007; Ord. 5444, 2008; Ord. 5609, 2013; Ord. 5798, 2017)
A.
Purpose.
The purpose of this section is to promote effective and appropriate
communication between the Architectural Board of Review and the Planning
Commission (or the Staff Hearing Officer) in the review of development
projects and in order to promote consistency between the City land
use decision making process and the City design review process as
well as to show appropriate concern for preserving the historic character
of certain areas of the City.
B.
Project compatibility findings. In addition to any other considerations and requirements specified in this code, the following findings shall be considered by the Architectural Board of Review when it reviews and approves or disapproves the design of a proposed development project in a noticed public hearing pursuant to the requirements of Chapter 22.68:
1.
Consistency
with Design Guidelines. The design of the project is consistent with
design guidelines applicable to the location of the project within
the City.
2.
Compatible
with Architectural Character of City and Neighborhood. The design
of the project is compatible with the desirable architectural qualities
and characteristics which are distinctive of Santa Barbara and of
the particular neighborhood surrounding the project.
3.
Appropriate
size, mass, bulk, height, and scale. The size, mass, bulk, height,
and scale of the project is appropriate for its location and its neighborhood.
4.
Sensitivity
to Adjacent Landmarks and Historic Resources. The design of the project
is appropriately sensitive to adjacent Federal, State, and City Landmarks
and other nearby designated historic resources, including City structures
of merit, sites, or natural features.
5.
Public
Views of the Ocean and Mountains. The design of the project responds
appropriately to established scenic public vistas.
6.
Use
of Open Space and Landscaping. The project includes an appropriate
amount of open space and landscaping.
C.
Review
procedures.
1.
Projects
with Design Review Only. If a project only requires design review
by the Architectural Board of Review pursuant to the provisions of
this chapter and does not require some form of discretionary land
use approval, the Architectural Board of Review shall consider the
applicable Project Compatibility Findings during the course of its
review prior to granting an approval, denial or continuance of project
design approval for the project.
2.
Projects
with Design Review and Other Discretionary Approvals. If, in addition
to design review by the Architectural Board of Review, a project requires
a discretionary land use approval (either from the Staff Hearing Officer,
the Planning Commission, or the City Council), the Architectural Board
of Review shall review and discuss the applicable Project Compatibility
Findings during its conceptual review of the project and shall provide
its comments on those findings as part of the minutes of the Board
decision forwarded to the Staff Hearing Officer, the Planning Commission,
or the City Council (as applicable).
(Ord. 5464, 2008; Ord. 6003, 2021)
A.
Planning
commission comments. When the Architectural Board of Review determines
that a project is proposed for a site which is highly visible to the
public, the Board may, prior to granting preliminary approval on the
application, require presentation of the application to the Planning
Commission solely for the purpose of obtaining comments from the Planning
Commission regarding the application for use by the Architectural
Board of Review in its deliberations.
(Ord. 4725, 1991; Ord. 4768, 1992; Ord. 4849, 1994; Ord. 4995, 1996; Ord. 5380, 2005; Ord. 5416, 2007)
The following areas are identified as City Special Design Districts:
A.
Mission
Area Special Design District. All real property located within 1,000
feet of Part II of El Pueblo Viejo Landmark District, as legally described
in Section 22.22.100.B.
B.
Hillside
Design District. All real property within the Hillside Design District
as delineated on the maps labeled "Hillside Design District" which
are part of this code and are shown at the end of this chapter. All
notations, references, and other information shown on said maps are
incorporated herein and made a part hereof. The entirety of any annexation
shall become a part of the Hillside Design District upon annexation,
unless otherwise determined as part of the annexation.
C.
Highway
101 Santa Barbara Coastal Parkway Special Design District. All real
property within the State owned or leased right-of-way of Highway
101 and all City owned or leased right-of-way which intersects Highway
101 within the S-D-3 Coastal Overlay Zone.
D.
Lower
Riviera Survey Area - Bungalow District. All real property within
"Lower Riviera Survey Area - Bungalow District" as shown on the map
labeled as such and appended to the end of this section -hereinafter
referred to as the "Bungalow District."
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(Ord. 3646, 1974; Ord. 4725, 1991; Ord. 4768, 1992; Ord. 4940, 1996; Ord. 5333, 2004; Ord. 5380, 2005; Ord. 5416, 2007)
A.
Special Design District area map - Lower Riviera Survey Area - Bungalow District. Applications for building permits to construct, alter, or add to multi-unit residential or two-unit residential development on lots located within the "Lower Riviera Survey Area - Bungalow District" established pursuant to Section 22.68.060 shall be subject to design review in accordance with the requirements of this section as follows:
B.
Review of building permit applications. Applications for building permits to construct, alter, or add to multi-unit residential or two-unit residential development on lots located within the Bungalow District shall be referred to the Community Development Director for review to determine if the application constitutes a project to demolish the structure. For the purposes of this section, a "demolition" shall be as defined in Section 30.300.080. Such a determination shall be made by the Community Development Director in writing within 30 days of the date of the original application. If the Community Development Director determines that the property is eligible for listing on the City's Potential Historic Resources list, the demolition application shall be referred to the Historic Landmarks Commission for determination of the historical significance of the building or structure pursuant to Section 30.157.110. If it is determined that the property is not eligible for listing on the City's Potential Historic Resources list and the Community Development Director determines that the application does constitute an application to demolish the structure, such application shall be referred to the City's Architectural Board of Review for review by the Board in accordance with the requirements of this section. If the Community Development Director determines that the application does not constitute a demolition under the terms of this section, the building permit shall be issued upon compliance with the otherwise applicable requirements of this code for appropriate and required design and development review.
C.
Review of Bungalow District demolition applications by the Architectural Board of Review. An application referred to the Architectural Board of Review pursuant to subsection B above shall be reviewed by the Architectural Board of Review in accordance with the hearing, noticing, and appeal procedures established in Sections 22.68.040 and 22.68.100. An application referred to the Architectural Board of Review pursuant to subsection B above shall not be approved unless the Architectural Board of Review makes all of the following findings with respect to that application:
1.
That
the demolition will not result in the loss of a structure containing
a primary feature or features of Bungalow or Arts and Crafts style
residential architecture, which features are worthy of or appropriate
for historical preservation;
2.
That
the demolition will not result in the loss of a structure which, although
not eligible as a City Historic Resource, is a prime example of the
Bungalow or Arts and Crafts style residential building appropriate
for historical preservation;
3.
That
the demolition will not result in the loss of a structure which is
prominent or which is a prime example of the Bungalow or Arts and
Crafts style residential architecture for which this neighborhood
is characterized or known.
D.
Architectural
Board of Review conditional approval of demolition within the Bungalow
District.
1.
Notwithstanding
the above-stated requirement for appropriate demolition findings,
the ABR may approve a demolition application within the Bungalow District
if the ABR conditions the demolition permit such that any proposed
future development of the real property upon which the structure or
structures are located must comply with express conditions of approval
designed to preserve certain existing architectural features or buildings,
as determined appropriate by the ABR.
2.
Such
conditions may provide that any future development of the property
involved must either incorporate the existing structures, in whole
or in part, into the new development, or it must preserve certain
features or aspects of the existing structures or of the site such
that these features are incorporated into any future development of
the real property, either through the preservation of the building
or feature or its replication in the new development, as may be determined
appropriate by the ABR.
3.
Such
conditions of approval shall be prepared in written form acceptable
to the Community Development Director and the City Attorney and shall
be recorded in the official records of Santa Barbara County with respect
to the involved real property prior to issuance of any building permit
for said demolition such that these conditions shall be binding on
all future owners of the real property as conditions imposed on any
new development for a period of 20 years after the conditional approval
of the original demolition application and the completion of the demolition.
E.
Review of new development within the Bungalow District by Architectural Board of Review. Applications for building permits to construct new multi-unit residential or two-unit residential development on lots located within the Bungalow District shall be referred to the Architectural Board of Review for development plan review and approval in accordance with the public hearing, noticing and appeal requirements of Sections 22.68.040 and 22.68.100, provided that the property owner/applicant may be required to submit those development plan materials deemed necessary for full and appropriate review by the ABR prior to the ABR hearing.
F.
Bungalow
District findings. The ABR shall not approve a new development within
the Bungalow District unless it makes both of the following findings:
1.
Express
conditions of approval have been imposed on the proposed development
which appropriately incorporate the existing structures or architectural
features or other aspects of these structures (or of the site involved)
into the new development, or these structures, features or aspects
will be appropriately replicated in the new development; and
2.
The
proposed development will not substantially diminish the unique architectural
style and character of the Bungalow District as a residential neighborhood
of the City.
G.
Guidelines
for Special Design District. The Lower Riviera Special Design District
Guidelines adopted by resolution of the City Council shall provide
direction and appropriate guidance to the ABR, the Planning Commission
and City staff in connection with the review of applications filed
pursuant to this section.
(Ord. 5333, 2004; Ord. 5416, 2007; Ord. 5798, 2017)
Application for sign permits shall be considered by the Architectural
Board of Review only upon an appeal filed pursuant to Section 22.70.050.J
of this code.
(Ord. 3646, 1974; Ord. 4101, 1981; Ord. 5791, 2017)
No building or structure shall be erected upon any land owned
or leased by the City, or allowed to extend over or upon any street,
or other public property, unless plans for the same and the location
thereof shall first have been submitted to the Architectural Board
of Review or the Historic Landmarks Commission, as applicable, for
its approval.
(Ord. 3646, 1974; Ord. 4701, 1991; Ord. 4849, 1994)
A.
Procedure for appeal. Any action of the Architectural Board of Review on an application for preliminary or final approval taken pursuant to this chapter may be appealed to the City Council by the applicant or any interested person pursuant to Chapter 1.30 of this Code. In deciding such an appeal, the City Council shall make those findings required of the Board with respect to a determination made pursuant to this chapter.
B.
Notice of appeal. In addition to the procedures specified in Chapter 1.30, notice of the public hearing before the City Council on an appeal from a decision of the Architectural Board of Review made pursuant to this chapter shall be provided in the same manner as notice was provided for the hearing before the Architectural Board of Review.
C.
Limits
on new evidence. The City Council will decide the appeal in the exercise
of its independent judgment based upon the record of the proceedings
of the Single Family Design Board. New evidence will not be considered
unless the City Council determines that relevant evidence exists that,
in the exercise of reasonable diligence, could not have been produced
or was improperly excluded at the hearing before the Architectural
Board of Review.
(Ord. 3646, 1974; Ord. 3944, 1978; Ord. 4701, 1991; Ord. 4995, 1996; Ord. 5380, 2005; Ord. 5416, 2007; Ord. 6003, 2021)
A.
Project
design approval.
1.
Approval
Valid for Three Years. A Project Design Approval issued by the Architectural
Board of Review or the City Council on appeal shall expire if a building
permit for the project is not issued within three years of the granting
of the Project Design Approval by the Architectural Board of Review
or the City Council on appeal.
2.
Extension
of Project Design Approvals. Upon a written request from the applicant
submitted prior to the expiration of the Project Design Approval,
the Community Development Director may grant one two-year extension
of a Project Design Approval.
B.
Exclusions
of time. The time period specified in this chapter for the validity
of a Project Design Approval shall not include any period of time
during which either of the following applies:
(Ord. 5518, 2010; Ord. 5537, 2010)
