The following regulations shall apply to the granting of variances,
modifications and zone changes.
(Ord. 5380, 2005)
Whenever the public necessity, convenience, general welfare
or good zoning practice justify such action, either the Planning Commission
or City Council may, upon its own motion, or the Planning Commission
upon the verified application of any property owner or authorized
agent and following a public hearing, may initiate proceedings to
amend, supplement or change the zones, regulations or districts established
by this title.
With the exception of amendments changing property from one
zone to another, or changing the boundary of any zone, amendments
may be made in the same manner as this title was adopted.
(Ord. 5380, 2005)
Applications for variances, modifications and changes of zone
shall be made in writing to the Community Development Director. The
Community Development Director may provide forms for such purposes
and may prescribe the type of information to be provided thereon.
No application shall be received unless it complies with such requirements.
Applications filed pursuant to this chapter shall be numbered consecutively
in the order of their filing and shall become a part of the permanent
official records of the City of Santa Barbara.
(Ord. 5380, 2005)
Before accepting any application for filing pursuant to this
chapter, the City shall charge and collect the fees established by
resolution of the City Council.
(Ord. 5380, 2005)
Prior to taking any action on an application for a variance,
change of zone, or modification, a public hearing shall be held before
the Staff Hearing Officer or Planning Commission as specified below:
A. Variances.
All applications for variances shall be heard and approved, conditionally
approved or denied by the Planning Commission.
B. Change
of zone. All applications for changes of zone shall be approved, conditionally
approved or denied by the Planning Commission, which shall make a
recommendation to the City Council regarding the change of zone, if
approved or conditionally approved.
C. Modifications.
Unless the application for a modification requires a discretionary
action by the Planning Commission under another provision of this
code, all applications for modifications shall be heard and approved,
conditionally approved or denied by the Staff Hearing Officer.
(Ord. 5380, 2005)
Notice of public hearings required pursuant to this chapter shall be provided in accordance with Section
28.87.380 of this code.
(Ord. 5380, 2005)
At the public hearing, the Staff Hearing Officer, Planning Commission,
or City Council on appeal, shall receive a report from the Community
Development Department regarding the application and the application's
consistency with the intent and purpose of this title and with previous
variances, changes of zone or modifications.
(Ord. 5380, 2005)
The decisions of the Staff Hearing Officer or Planning Commission
shall be announced and recorded by a resolution reciting the findings
on which the decision is based.
A. Variances: Within five days after final decision by the Planning Commission on an application for a variance, notice of the decision shall be mailed to the applicant at the address shown upon the application and to all other persons who have filed a written request therefor with the Community Development Department. The decision of the Planning Commission may be appealed in accordance with Chapter
1.30 of this code. 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 Planning Commission regarding a variance shall be provided in the same manner as notice was provided for the hearing before the Planning Commission. At the time of filing an appeal, the appellant shall pay a fee in the amount established by resolution of the City Council.
No permit or license shall be issued for any use involved in
an application for a variance until same shall have become final by
reason of the failure of any person to appeal or by reason of the
action of the City Council.
B. Amendments
and changes of zone: Within five days after final decision by the
Planning Commission on an application for an amendment or change of
zone, notice of the decision shall be mailed to the applicant at the
address shown upon the application and to all other persons who have
filed a written request therefor with the Community Development Department.
1. Approval.
Upon approval of an application for an amendment or change of zone
by the Planning Commission, the Planning Commission shall submit its
recommendation and complete record of the application to the City
Council. The City Council shall hold a public hearing to consider
the application for the amendment or change of zone and may approve,
reverse or modify the action of the Planning Commission and may approve,
reject or modify said ordinance accordingly. The City Attorney shall
prepare an ordinance providing for the approved amendment or change
of zone to the City Council for introduction and subsequent adoption.
2. Denial. The denial of an application for an amendment or change of zone by the Planning Commission shall be final unless appealed in accordance with Chapter
1.30 of this code. 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 Planning Commission regarding a change of zone shall be provided in the same manner as notice was provided for the hearing before the Planning Commission. At the time of filing an appeal, the appellant shall pay a fee in the amount established by resolution of the City Council.
No permit shall be issued for any use involved in an application
for a change of zone until the same shall have become final by the
effective date of the ordinance.
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C. Modifications.
Within five days after final decision by the Staff Hearing Officer
or Planning Commission on an application for a modification, notice
of the decision shall be mailed to the applicant at the address shown
upon the application and to all other persons who have filed a written
request therefor with the Community Development Department.
1. Staff Hearing Officer. Decisions of the Staff Hearing Officer regarding modifications shall be final unless suspended or appealed in accordance with Section
28.05.020 of this code.
2. Planning Commission. Decisions of the Planning Commission shall be final unless appealed in accordance with Chapter
1.30 of this code. 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 Planning Commission regarding a modification shall be provided in the same manner as notice was provided for the hearing before the Planning Commission. At the time of filing an appeal, the appellant shall pay a fee in the amount established by resolution of the City Council.
No permit or license shall be issued for any use involved in
an application for a modification until same shall have become final
by reason of the failure of any person to appeal or by reason of the
action of the City Council.
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(Ord. 5380, 2005)
When practical difficulties, unnecessary hardships or results
inconsistent with the general purposes of this title occur by reason
of a strict interpretation of any of the provisions of this title,
either the Planning Commission or City Council may upon its own motion,
or the Planning Commission upon the verified application of any property
owner or authorized agent, may, in specific cases, initiate proceedings
for the granting of a variance from the provisions of this title under
such conditions as may be deemed necessary to assure that the spirit
and purposes of this chapter will be observed, public safety and welfare
secured, and substantial justice done. All acts of the Planning Commission
and City Council under the provisions of this section shall be construed
as administrative acts performed for the purpose of assuring that
the intent and purpose of this title shall apply in special cases,
as provided in this section, and shall not be construed as amendments
to the provisions of this title or map. Individual economic circumstances
are not a proper consideration for the granting of a variance.
(Ord. 5380, 2005)
Before a variance may be granted, all of the following findings
shall be made:
A. That
there are exceptional or extraordinary circumstances or conditions
applicable to the property involved, or to the intended use of the
property, that do not apply generally to the property or class of
use in the same zone or vicinity.
B. That
the granting of such variance will not be materially detrimental to
the public welfare, or injurious to the property or improvements in
such zone or vicinity in which the property is located.
C. That
such variance is necessary for the preservation and enjoyment of a
substantial property right of the applicant possessed by other property
in the same zone and vicinity.
D. That
the granting of such variance will not adversely affect the Comprehensive
General Plan.
(Ord. 5380, 2005)
Modifications may be granted by the Planning Commission or Staff
Hearing Officer as follows:
A. By
the Planning Commission. The Planning Commission may permit the following:
1. Parking.
A modification or waiver of the parking or loading requirements where,
in the particular instance, the modification will not be inconsistent
with the purposes and intent of this title and will not cause an increase
in the demand for parking space or loading space in the immediate
area.
2. Setbacks, Lot Area, Floor Area, Street Frontage, Open Yard, Outdoor Living Space, and Distance Between Buildings. A modification of setback, lot area, floor area, street frontage, open yard, outdoor living space, or distance between buildings requirements where the modification is consistent with the purposes and intent of this title, and is necessary to (i) secure an appropriate improvement on a lot, (ii) prevent unreasonable hardship, (iii) promote uniformity of improvement, or (iv) the modification is necessary to construct a housing development containing affordable dwelling units rented or owned and occupied in the manner provided for in the City's Affordable Housing Policies and Procedures as defined in subsection
A of Section
28.43.020 of this code.
3. Fences,
Screens, Walls, and Hedges. A modification of fence, screen, wall
and hedge regulations where the modification is necessary to secure
an appropriate improvement on a lot and is consistent with the purposes
and intent of this title.
4. Solar Access. A modification of height limitations imposed by Section
28.11.020 to protect and enhance solar access where the modification is necessary to prevent an unreasonable restriction. The Rules and Regulations approved pursuant to Section
28.11.040 shall contain criteria for use in making a finding of unreasonable restriction.
5. Building
Height. A modification of building height limitations for existing
buildings or structures that exceed the current building height limit,
to allow the exterior of the portion of the building or structure
that exceeds the building height limit to be improved or upgraded,
provided that the improvements increase neither the height nor the
floor area of any portion of the building or structure that exceeds
the building height limit, except as otherwise allowed in the Code.
6. Net Floor Area (Floor to Lot Area Ratio). A modification of the net floor area standard imposed by Section
28.15.083 to allow a development that would otherwise be precluded by operation of Section 28.15.083.D where the Planning Commission makes all of the following findings:
a. Not less than five members of the Single Family Design Board or six members of the Historic Landmarks Commission (on projects referred to the Commission pursuant to Section
22.69.030) have voted in support of the modification following a concept review of the project;
b. The subject lot has a physical condition (such as the location, surroundings,
topography, or the size of the lot relative to other lots in the neighborhood)
that does not generally exist on other lots in the neighborhood; and
c. The physical condition of the lot allows the project to be compatible
with existing development within the neighborhood that complies with
the net floor area standard.
7. Accommodation
of Disabilities. A modification of any zoning regulation where the
modification is necessary to allow improvements to an existing building
in order to provide reasonable accommodations to individuals with
disabilities. This modification is not available in the case of new
buildings, demolitions and rebuilds, or additions where the proposed
construction precludes a reasonable accommodation that would not require
a modification.
B. By the Staff Hearing Officer. The Staff Hearing Officer may permit modifications in accordance with paragraphs 1, 2, 3, 4, 5, and 7 of subsection
A above, if the Staff Hearing Officer finds that:
1. The
requested modification is not part of the approval of a tentative
subdivision map, conditional use permit, development plan, site plan,
plot plan, or any other matter which requires approval of the Planning
Commission; and
2. If
granted, the modification would not significantly affect persons or
property owners other than those entitled to notice.
(Ord. 5380, 2005; Ord. 5416, 2007; Ord. 5488, 2009)
Whenever the Staff Hearing Officer, Planning Commission or City
Council has rendered a decision under the provisions of this chapter
upon any application, petition or appeal, which has become final after
hearing before the Staff Hearing Officer or Planning Commission, or
if appeal is taken to the City Council, after hearing on such appeal,
or after hearing before the City Council on matters required to be
heard by said body, the party or parties presenting such application,
petition or appeal, shall not thereafter file another application
or petition for the same purpose or relief unless:
A. Twelve
months have elapsed from and after the date of the final decision
in said matter; or
B. New
evidence or proof of changed conditions is furnished to the Staff
Hearing Officer, Planning Commission or City Council in the new application
or petition.
(Ord. 5380, 2005)