No application for a land use permit for a nonresidential construction project, as defined in Section
28.85.020 of this chapter, will be accepted or approved on or after December 6, 1989, unless all of the new nonresidential floor area within the project is allocated from one or more of the categories specified in this section and the project is consistent with the City's Traffic Management Strategy (as approved by City Resolution No. 13-010 dated as of March 12, 2013, and as filed with the City Clerk) as implemented in Section
28.85.050.
A. Development limit. From the effective date of this chapter until December 31, 2033, the amount of new nonresidential floor area available for nonresidential construction projects shall be restricted to no more than 1,350,000 square feet. This allowable floor area shall be allocated from the following categories, as defined in Section
28.85.020 of this chapter:
Category
|
Square Footage
|
---|
Community Benefit
|
600,000 s.f.
|
Small Addition Floor Area
|
400,000 s.f.
|
Vacant Property
|
350,000 s.f.
|
Except as otherwise provided in this section and as
allocated on an annual basis by a resolution of the Planning Commission,
Small Additions shall be limited to no more than 20,000 square feet
of nonresidential floor area during each calendar year from the effective
date of this chapter through December 31, 2033. Any unused, expired,
or withdrawn development square footage remaining from each annual
allotment from the Small Additions category may be rolled over to
the following year's Small Additions allotment or allocated to another
category by a resolution of the Planning Commission. Procedures for
allocating square footage under these categories shall be established
by resolution of City Council.
B. Nonresidential floor area excluded from the development limit. Nonresidential floor area may be constructed or converted from residential floor area without requiring an allocation from the allowable square footage specified in subsection
A of this section so long as the nonresidential floor area falls within the following categories, as defined in Section
28.85.020 of this chapter:
1. City
Government Buildings.
2. Government
Displacement Floor Area.
3. Hotel
Room for Room Replacement.
4. Minor
Addition Floor Area.
7. Prior-Approved
Specific Plan Project.
8. Transfers of Existing Development Rights, as defined in Section
28.95.020 of this code.
(Ord. 5609, 2013)
The following words and phrases shall have the meaning indicated,
unless the context or usage clearly requires a different meaning:
Community Benefit Project.
A project which has been designated by the City Council as
satisfying one or more of the following categories is a Community
Benefit Project:
1.
Community Priority Project.
A Community Priority Project is a project that has a broad
public benefit, is not principally operated for private profit, and
is necessary to meet a present or projected need directly related
to public health, safety or general welfare (e.g., museums, childcare
facilities, health clinics).
2.
Economic Development Project.
An Economic Development Project is a project that is consistent
with the City Charter, General Plan and this title, will enhance the
standard of living for City and South Coast residents, and will strengthen
the local or regional economy by either creating new permanent employment
opportunities or enhancing the City's revenue base. An Economic Development
Project should also accomplish one or more of the following:
a.
Support diversity and balance in the local or regional economy
by establishing or expanding businesses or industries in sectors which
currently do not exist on the South Coast or are present only in a
limited manner; or
b.
Provide new recreational, educational, or cultural opportunities
for City residents and visitors; or
c.
Provide products or services which are currently not available
or are in limited supply either locally or regionally; or
d.
Support a small and local business in the Santa Barbara community
which is being started, maintained, relocated, redeveloped or expanded.
For purposes of this section, "standard of living" is defined
as wages, employment, environment, resources, public safety, housing,
schools, parks and recreation, social and human services, and cultural
arts.
|
Development Area.
A Development Area is a portion of the City that the City
of Santa Barbara Traffic Model (as approved by the City Council by
Resolution No. 13-010 dated as of March 12, 2013, and as filed with
the City Clerk) has shown to have distinct traffic generation patterns,
as identified on the Development Area Map. The City of Santa Barbara
Development Areas are shown on the map labeled "Growth Management
Program Development Areas" (as approved by City Resolution No. 13-010
dated as of March 12, 2013). All notations, references and other information
shown on said map are incorporated by reference herein and made a
part hereof.
Existing Nonresidential Floor Area.
Existing Nonresidential Floor Area is nonresidential floor
area that existed on a lot as of October 1, 1988, or nonresidential
floor area that was approved and constructed or converted from residential
floor area after October 1, 1988, in compliance with, or exempt from,
a City development plan or nonresidential growth management program
ordinance.
Floor Area.
Floor Area is the area included within the surrounding exterior
walls of a building, or a portion thereof, excluding the area occupied
by the exterior walls, vent shafts and courts, stairway landings,
or areas or structures used exclusively for parking. Enclosed spaces
that contain building "infrastructure" (e.g., mechanical equipment
enclosures, trash and recycling enclosures, air conditioners, forced
air units, electric vaults, water heaters and softeners, cellular
telephone equipment, and other similar uses) shall not count toward
the calculation of floor area if such areas are designed in the minimum
size necessary to screen or enclose such equipment, and the space
cannot be converted to storage or another non-infrastructure use.
The area occupied by an elevator shaft or stairs shall only be counted
in the calculation of floor area on one floor. A building, or a portion
thereof, occupied exclusively by public utility equipment constitutes
floor area for purposes of development plan review, but shall not
count toward the calculation of floor area for purposes of the development
limit specified in Section 28.85.010.A. Any floor area which was constructed,
approved, demolished or converted in violation of any provision of
this code shall not give rise to any right to rebuild or transfer
floor area.
Government Building.
A Government Building is a building owned or leased by the
city of Santa Barbara, excluding buildings or portions of buildings
that are leased to private entities conducting non-governmental activities
(e.g., the private leaseholds at the Harbor or Airport).
Government Displacement Floor Area.
Government Displacement Floor Area is nonresidential floor
area that is constructed or converted from residential floor area
to replace nonresidential floor area that was acquired, removed or
damaged by direct condemnation or negotiated acquisition by a governmental
entity (federal, state or local), provided the nonresidential floor
area of the project constructed to replace a building acquired or
removed by the government does not exceed the nonresidential floor
area of the building so acquired or removed, unless the additional
nonresidential floor area is allocated from another available category.
Hotel Room for Room Replacement.
A Hotel Room for Room Replacement is a project which consists of the replacement of existing hotel rooms at the same location, or transferred from another location as part of an approved Transfer of Existing Development Rights pursuant to Chapter
28.95 of this code, on a room for room basis. A Hotel Room for Room Replacement does not include nonresidential floor area outside the hotel rooms.
Land Use Permit.
A Land Use Permit is a governmental decision concerning a
permit, license, certificate, or other entitlement for use of land,
including a conditional use permit, variance, modification, development
plan, specific plan, general plan amendment, coastal development permit,
conversion permit, subdivision map (except those creating new single
family lots), building permit, grading permit, demolition permit,
water service connection or any similar approval or use.
Minor Addition Floor Area.
Minor Addition Floor Area is the first 1,000 square feet
of new nonresidential floor area, over the amount of nonresidential
floor area that existed on the lot as of December 6, 1989. Procedures
for allocating and accounting for Minor Addition Floor Area shall
be established by resolution of the City Council.
Nonresidential Construction Project.
A Nonresidential Construction Project is a project, or portion
thereof, which consists of the construction of new nonresidential
floor area or the conversion of existing residential floor area to
nonresidential use. The repair, replacement, or reconstruction of
Existing Nonresidential Floor Area (including existing development
rights that are transferred from another site) is not considered new
nonresidential floor area for the purpose of the nonresidential development
limitation specified in Section 28.85.010.A. A nonresidential construction
project may occur in the following forms:
1.
The addition of new nonresidential floor area to an existing
structure; or
2.
The construction of new nonresidential floor area in a free
standing structure on real property containing another structure;
or
3.
The construction of new nonresidential floor area as a portion
of a mixed use building; or
4.
The conversion of residential floor area to nonresidential floor
area; or
5.
A new building on vacant real property that contains nonresidential
floor area.
Nonresidential Floor Area Ratio.
The Nonresidential Floor Area Ratio of a lot is a ratio of
the nonresidential floor area on the lot to the net lot area of the
lot.
Prior-Approved Projects.
A Prior-Approved Project is a project for which a land use
permit (other than an application for Specific Plan approval) was
approved on or before April 11, 2013, and where the approval remains
valid.
Prior-approved specific plan project.
A Prior-Approved Specific Plan Project is a project that
implements a specific plan that was approved prior to April 16, 1986,
the specific plan required the construction of substantial circulation
system improvements, and the required circulation system improvements
were either:
1.
Installed prior to April 11, 2013; or
2.
Constructed after April 11, 2013, pursuant to an Owner Participation
Agreement and installed prior to the approval of any development plan(s)
related to the approved specific plan.
Prior-Pending Project.
A Prior-Pending Project is a nonresidential construction
project for which an application for a land use permit was deemed
complete by the City before April 11, 2013, and the application: (1)
has not been denied by the City; (2) has not been withdrawn by the
applicant; and (3) has not yet received City approval.
Small Addition Floor Area.
Small Addition Floor Area is the 2,000 square feet of new
nonresidential floor area over the amount of nonresidential floor
area that existed on the lot on December 6, 1989, and any floor area
that has been constructed or approved as Minor Addition Floor Area
pursuant to this chapter or any preceding development plan ordinance
since December 6, 1989. Procedures for allocating Small Addition Floor
Area shall be established by resolution of the City Council.
Vacant Property.
A Vacant Property is a lot of land that was not developed
with a permanent building containing floor area as of October 1, 1988,
and has not since been developed with any permanent building containing
floor area. A vacant property may be allocated new nonresidential
floor area from the Vacant Property category up to a maximum nonresidential
floor area ratio of 0.25. Any nonresidential development proposed
for the lot over the 0.25 floor area ratio must be allocated from
another development category available for allocation on the lot.
(Ord. 5609, 2013)
The following findings shall be made prior to approving any
development plan pursuant to this chapter:
A. The
proposed development complies with all provisions of this title; and
B. The
proposed development is consistent with the principles of sound community
planning; and
C. The
proposed development will not have a significant adverse impact upon
the community's aesthetics or character in that the size, bulk or
scale of the development will be compatible with the neighborhood
based on the Project Compatibility Analysis criteria found in Sections
22.22.145 or 22.68.045 of this code; and
D. The proposed development is consistent with the policies of the City of Santa Barbara Traffic Management Strategy (as approved by City Resolution No. 13-010 dated as of March 12, 2013) as expressed in the allocation allowances specified in Section
28.85.050.
(Ord. 5609, 2013)
In order to utilize the City's existing transportation capacity
efficiently and to prioritize constrained transportation capacity
for high priority land uses, the City has established a Traffic Management
Strategy (as approved by City Resolution No. 13-010 dated as of March
12, 2013). In furtherance of the Traffic Management Strategy and recognizing
the differential rates of traffic generation observed in the City
of Santa Barbara Traffic Model methodology (as used in connection
with the preparation of the General Plan FEIR) between the different
Development Areas, only certain categories of nonresidential development
are available for allocation within the Development Areas identified
in this section.
A. Downtown
Development Area. If all of the floor area for a project is proposed
from a category or categories of development that are available for
allocation within the development area in which the proposed project
is located, the project's contribution to a potentially significant
adverse cumulative traffic impact may be overridden by the Planning
Commission. Within the Downtown Development Area, unless specifically
authorized below, a project-specific potentially significant adverse
traffic impact cannot be overridden by the Planning Commission. The
following categories of nonresidential development are available for
allocation to lots within the Downtown Development Area:
1. Prior-Approved
Projects. Prior-Approved Projects do not require further environmental
review.
3. Prior-Approved
Specific Plan Projects. A Prior-Approved Specific Plan Project that
presents a project-specific potentially significant adverse traffic
impact may be approved by the Planning Commission following the adoption
of a Statement of Overriding Considerations in the manner authorized
by C.E.Q.A.
4. Minor
Addition Floor Area. A project constructing, adding, or converting
Minor Addition Floor Area that presents a project-specific potentially
significant adverse traffic impact may be approved by the Planning
Commission following the adoption of a Statement of Overriding Considerations
in the manner authorized by C.E.Q.A.
5. Small
Addition Floor Area.
6. Vacant
Property. A Vacant Property Project that presents a project-specific
potentially significant adverse traffic impact may be approved by
the Planning Commission following the adoption of a Statement of Overriding
Considerations in the manner authorized by C.E.Q.A.
7. Community
Priority Projects. A Community Priority Project that presents a project-specific
potentially significant adverse traffic impact may be approved by
the Planning Commission following the adoption of a Statement of Overriding
Considerations in the manner authorized by C.E.Q.A.
8. Economic
Development Projects.
9. Transfers of Existing Development Rights (TEDR), as defined in Section
28.95.020 of this code, from any Development Area.
a. A Transfer of Existing Development Rights between lots within the
same Development Area that will result in the construction, addition,
or conversion of not more than 1,000 square feet of nonresidential
floor area over the amount of nonresidential floor area that existed
on the receiving lot as of the effective date of this chapter and
that presents a project-specific potentially significant adverse traffic
impact may be approved by the Planning Commission following the adoption
of a Statement of Overriding Considerations in the manner authorized
by C.E.Q.A.
b. All other Transfers of Existing Development Rights (including Hotel
Room for Room Replacements) that result in a project-specific potentially
significant adverse traffic impact cannot be overridden.
10. Hotel Room for Room Replacement. An on-site Hotel Room for Room Replacement
that presents a project-specific potentially significant adverse traffic
impact may be approved by the Planning Commission following the adoption
of a Statement of Overriding Considerations in the manner authorized
by C.E.Q.A.
11. Demolition and Reconstruction of Existing Nonresidential Floor Area
on the same lot. The Demolition and Reconstruction of Existing Nonresidential
Floor Area on the same lot that presents a project-specific potentially
significant adverse traffic impact may be approved by the Planning
Commission following the adoption of a Statement of Overriding Considerations
in the manner authorized by C.E.Q.A.
12. City Government Buildings. A government building project that presents
a project-specific potentially significant adverse traffic impact
may be approved by the Planning Commission following the adoption
of a Statement of Overriding Considerations in the manner authorized
by C.E.Q.A.
13. Government Displacement Floor Area. A Government Displacement Floor
Area Project that presents a project-specific potentially significant
adverse traffic impact may be approved by the Planning Commission
following the adoption of a Statement of Overriding Considerations
in the manner authorized by C.E.Q.A.
14. Public Utility Facilities. A Public Utility Facility that presents
a project-specific potentially significant adverse traffic impact
may be approved by the Planning Commission following the adoption
of a Statement of Overriding Considerations in the manner authorized
by C.E.Q.A.
B. Upper
State Street, Mesa, Coast Village Road, and Riviera Development Areas
(Outlying Development Areas). If all of the floor area for a project
is proposed from a category or categories of development that are
available for allocation within the development area in which the
proposed project is located, the project's contribution to a significant
cumulative traffic impact may be overridden. Within the Outlying Development
Areas, unless specifically authorized below, a project-specific potentially
significant adverse traffic impact cannot be overridden by the Planning
Commission. The following categories of nonresidential development
are available for allocation to lots within the Outlying Development
Areas:
1. Prior-Approved
Projects. Prior-Approved Projects do not generally require further
environmental review.
3. Prior-Approved
Specific Plan Projects. A Prior-Approved Specific Plan Project that
presents a project-specific potentially significant adverse traffic
impact may be approved by the Planning Commission following the adoption
of a Statement of Overriding Considerations in the manner authorized
by C.E.Q.A.
4. Minor
Addition Floor Area. A project constructing, adding, or converting
Minor Addition Floor Area that presents a project-specific potentially
significant adverse traffic impact may be approved by the Planning
Commission following the adoption of a Statement of Overriding Considerations
in the manner authorized by C.E.Q.A.
5. Vacant
Property. A Vacant Property Project that presents a project-specific
potentially significant adverse traffic impact may be approved by
the Planning Commission following the adoption of a Statement of Overriding
Considerations in the manner authorized by C.E.Q.A.
6. Community
Priority Projects. A Community Priority Project that presents a project-specific
potentially significant adverse traffic impact may be approved by
the Planning Commission following the adoption of a Statement of Overriding
Considerations in the manner authorized by C.E.Q.A.
7. Transfer of Existing Development Rights (including Hotel Room for Room Replacements), as defined in Section
28.95.020 of this code, from and to lots within the same Development Area. No receiving site located in an Outlying Development Area may receive a Transfer of Existing Development Rights from a sending site that is located in another Development Area.
a. A Transfer of Existing Development Rights between real properties
within the same Development Area that will result in the construction,
addition, or conversion of not more than 1,000 square feet of nonresidential
floor area over the amount of nonresidential floor area that existed
on the receiving lot as of April 11, 2013, and that presents a project-specific
potentially significant adverse traffic impact may be approved by
the Planning Commission following the adoption of a Statement of Overriding
Considerations in the manner authorized by C.E.Q.A.
b. All other Transfers of Existing Development Rights (including Hotel
Room for Room Replacements) that result in a project-specific potentially
significant adverse traffic impact cannot be overridden by the Planning
Commission.
8. Demolition
and Reconstruction of Existing Nonresidential Floor Area on the same
parcel. The Demolition and Reconstruction of Existing Nonresidential
Floor Area on the same lot that presents a project-specific potentially
significant adverse traffic impact may be approved by the Planning
Commission following the adoption of a Statement of Overriding Considerations
in the manner authorized by C.E.Q.A.
9. Government
Buildings. A Government Building that presents a project-specific
potentially significant adverse traffic impact may be approved by
the Planning Commission following the adoption of a Statement of Overriding
Considerations in the manner authorized by C.E.Q.A.
10. Government Displacement Project. A Government Displacement Floor
Area Project that presents a project-specific potentially significant
adverse traffic impact may be approved by the Planning Commission
following the adoption of a Statement of Overriding Considerations
in the manner authorized by C.E.Q.A.
11. Hotel Room for Room Replacement. An on-site Hotel Room for Room Replacement
that presents a project-specific potentially significant adverse traffic
impact may be approved by the Planning Commission following the adoption
of a Statement of Overriding Considerations in the manner authorized
by C.E.Q.A.
12. Public Utility Facilities. A Public Utility Facility that presents
a project-specific potentially significant adverse traffic impact
may be approved by the Planning Commission following the adoption
of a Statement of Overriding Considerations in the manner authorized
by C.E.Q.A.
13. Planned Development - New Automobile Sales Project. A Planned Development
- New Automobile Sales Project that presents a project-specific potentially
significant adverse traffic impact may be approved by the Planning
Commission following the adoption of a Statement of Overriding Considerations
in the manner authorized by C.E.Q.A.
C. Airport
Development Area. If all of the floor area for a project is proposed
from a category or categories of development that are available for
allocation within the development area in which the proposed project
is located, the project's contribution to a significant cumulative
adverse traffic impact may be overridden by the Planning Commission.
Within the Airport Development Area, unless specifically stated below,
a project-specific potentially significant adverse traffic impact
may be overridden by the Planning Commission with the adoption of
a Statement of Overriding Considerations in the manner authorized
by C.E.Q.A. The following categories of nonresidential development
are available for allocation to real properties within the Airport
Development Area:
3. Prior-Approved
Specific Plan Projects.
4. Minor
Addition Floor Area.
5. Small
Addition Floor Area.
7. Community
Priority Projects.
8. Economic
Development Projects.
9. Transfers of Existing Development Rights (including Hotel Room for Room Replacements), as defined in Section
28.95.020 of this code, from and to lots within the Airport Development Area are available for allocation. No Receiving Site located in the Airport Development Area may receive a Transfer of Existing Development Rights (including Hotel Room for Room Replacements) from a Sending Site that is located in another Development Area.
10. Demolition and Reconstruction of Existing Nonresidential Floor Area
on the same lot.
12. Government Displacement Projects.
13. Public Utility Facilities.
(Ord. 5609, 2013)
If a nonresidential construction project or transfer of existing development rights requires the approval of a development plan by the Architectural Board of Review, Historic Landmarks Commission, Staff Hearing Officer, Planning Commission, or the City Council on appeal, the Architectural Board of Review, Historic Landmarks Commission, Staff Hearing Officer, Planning Commission, or City Council shall hold a public hearing prior to taking action on any development plan. Notice of the public hearing shall be given in accordance with Section
28.87.380.
(Ord. 5609, 2013)
A decision by the Architectural Board of Review, the Historic Landmarks Commission, or the Planning Commission under this chapter may be appealed according to the provisions of Chapter
1.30. A decision by the Staff Hearing Officer under this chapter may be appealed according to the provisions of Section
28.05.020 of this code.
(Ord. 5609, 2013)
Fees for filing applications and appeals in accordance with
this chapter shall be established by resolution of the City Council.
(Ord. 5609, 2013)
Subject to the adjustments for projects with multiple approvals specified in Section
28.87.370 of this code, development plan approvals shall have the following time limits:
A. Time
limit. A development plan approved pursuant to any provision of this
title shall expire four years from the date of its approval, except
as otherwise provided herein. No building or grading permit for any
work authorized by a development plan shall be issued following expiration
of that plan.
B. Conditions.
Any condition imposed on a development plan may, in the discretion
of the body approving the development plan, also constitute (i) a
condition to the issuance of and continued validity of any building
or grading permit issued to implement that development plan, (ii)
a condition to the issuance of the certificate of occupancy with respect
to any improvements authorized by the development plan and (iii) if
recorded with the County Recorder, to the continued validity of the
certificate of occupancy. Violation of any such condition shall be
grounds for suspension or revocation of any building or grading permit
or certificate of occupancy issued with respect to the development
plan.
C. Extension
of time period. Upon application of the developer filed prior to the
expiration of the development plan, the time at which the development
plan expires may be extended by the Community Development Director
for one year. An extension of the expiration date of a development
plan shall be granted if it is found that there has been due diligence
to implement and complete the proposed project as substantiated by
competent evidence in the record.
D. Suspension of time during moratorium. The period of time specified in subsection
A of this section, including any extension thereof granted pursuant to subsection
C above, shall not include any period of time during which a moratorium, imposed after approval of the development plan, is in existence, provided, however, that the length of the moratorium does not exceed five years. For purposes of this subsection, a development moratorium shall include (i) a water or sewer moratorium, (ii) a water and sewer moratorium, and (iii) a building or grading permit moratorium, as well as other actions of public agencies which regulate land use, development, or the provision of services to the land other than the City, which thereafter prevents, prohibits, or delays the completion of the development. Once a moratorium is terminated, the development plan shall be valid for the same period of time as was left to run on the development plan at the time that the moratorium was imposed. However, if the remaining time is less than 120 days, the development plan shall be valid for 120 days following the termination of the moratorium.
E. Suspension of time during litigation. The period of time specified in subsection
A of this section, including any extension thereof granted pursuant to subsection
C, shall not include the period of time during which a lawsuit involving the approval of the development plan or related approvals is or was pending in a court of competent jurisdiction. After service of the initial petition or complaint in the lawsuit upon the City, the applicant may advise the City of the need for a litigation tolling stay pursuant to the City's adopted procedures.
F. Development
plans already approved.
1. Beginning
Date—Development Plan Approvals. The adoption of this chapter
shall not alter the date of approval of a Development Plan approved
prior to the adoption of this chapter.
2. Specific Plan Development Plan Approvals. For the purposes of calculating the expiration date of a Specific Plan project development plan approved in accordance with Chapter
29.30, development plan approvals shall be deemed to expire eight years after the date of the final City action approving the project development plan and shall include any related project approvals or modifications granted by the City in connection therewith.
G. Disposition of floor area allocated to expired projects. For projects with floor area allocated from the Small Addition category, the unused floor area shall be made available for allocation to Small Addition or Community Benefit Projects, as determined by Planning Commission Resolution, upon expiration of the development plan. For projects with floor area allocated from the Community Benefit and Vacant Property categories, the unused floor area shall revert to the category from which the floor area was allocated upon expiration of the development plan. Floor area that was excluded from the development limit specified in Section
28.85.010 under the Prior-Approved or Prior-Pending categories shall expire upon expiration of the project's development plan and shall not be available for another allocation.
(Ord. 5609, 2013)
When more than one valid approved development plan exists for
a lot, upon issuance of a building or grading permit for any work
authorized by one of the approved development plans, all other development
plans approved for that lot are deemed abandoned by the property owner.
No building or grading permit shall be issued for any work authorized
by a development plan following abandonment of that plan. For projects
with floor area allocated from the Small Addition category, any unused
floor area shall be made available for allocation to the Small Addition
category or the Community Benefit Project category upon abandonment
of a development plan. For projects with floor area allocated from
the Community Benefit and Vacant Property categories, any unused floor
area shall revert to the category from which the floor area was allocated
upon abandonment of a development plan.
(Ord. 5609, 2013)