This chapter establishes a process for consideration and review
of Zoning Amendments throughout the City. More specifically, the purpose
of this chapter is to establish procedures for making changes to the
text of this title and to the Zoning Map whenever a new HD Overlay
Zone is established.
(Ord. 6006, 2021)
The procedures in this chapter shall apply to all proposals
to change the text of this title or to revise a zoning district classification
or zoning district boundary line shown on the Zoning Map.
(Ord. 6006, 2021)
Within the boundaries of a proposed HD Overlay Zone, at least
80% of the structures must be considered "contributing" to the historic
significance of the district which gives the area authenticity and
historical integrity.
(Ord. 6006, 2021)
Application for a classification as an HD Overlay Zone may be
made by either the Historic Landmarks Commission upon its own motion,
or by the Historic Landmarks Commission upon the verified application
of one or more property owners from within the proposed district following
a public hearing.
(Ord. 6006, 2021)
An application for a classification as an HD Overlay Zone shall
include some or all of the following criteria and considerations of
historical significance:
A. It
is associated with events that have made a significant contribution
in our past;
B. It
is associated with the lives of persons significant in our past;
C. It
embodies the distinctive characteristics of a type, period, architectural
style or method of construction, or represents the work of a master,
or possess high artistic or historic value, or represents a significant
and distinguishable collection whose individual components may lack
distinction; or
D. It
yields, or may be likely to yield, information important in prehistory
or history.
(Ord. 6006, 2021)
An application for a classification as an HD Overlay Zone shall be processed as an amendment to the Zoning Map, according to the procedures of Chapter
30.235, General Plan and Zoning Amendments. Except as otherwise outlined in this chapter.
(Ord. 6006, 2021)
The following procedures describe the process for establishing
a new historic district with a Historic District (HD) Overlay Zone
classification.
A. Application Requirements.
1. Evidence of Property Owner Support Documentation
by letter or petition establishing that a majority of property owners
in the proposed district support the designation. A majority constitutes
over 50% of the property owners listed on the County of Santa Barbara's
most recent property ownership assessment roll in the proposed district
by affixing their signatures to the letter or petition;
2. A Map. A map depicting the boundaries
of the proposed HD Overlay Zone;
3. A Property Inventory. A professional
historic resources survey of properties, including photographs of
all properties in the proposed historic district identifying both
contributing and non-contributing properties. At least 80% of these
properties must be deemed by the City's Architectural Historian as
"contributing."
B. Historic Landmarks Commission Action. Within 60 calendar days of the determination that the HD Overlay Zone application is complete, all applications for a HD Overlay Zone classification shall require public notice and a hearing pursuant to Chapter
30.205, Common Procedures.
1. Significance Report. The City's Architectural
Historian shall prepare a Significance Report addressing the issue
of whether the proposed historic district meets, or does not meet,
some or all of the Significance Criteria.
2. Required Findings. At the hearing,
the Historic Landmarks Commission shall identify and evaluate the
Significance Criteria presented, assess the historical significance
of those contributing resources identified in the proposed district,
evaluate the positive and negative effects upon the surrounding neighborhood,
and otherwise exercise its sound judgment in determining whether the
proposed historic district will benefit the community.
3. Resolution. When making a decision to approve, approve with conditions, revise, revoke or deny the initiation of the HD Overlay Zone, the Historic Landmarks Commission shall issue a written Resolution and make findings of fact as required by this chapter. If approved, it shall be forwarded onto the Planning Commission for a zoning amendment according to the procedures of Chapter
30.235, General Plan and Zoning Amendments. If denied, the decision shall become final within 10 calendar days unless appealed directly to the City Council.
C. Planning Commission Action. No later than 90 calendar days after the Historic Landmarks Commission's recommendation of approval was issued, or 90 days after the City Council's recommendation of approval on appeal, the Planning Commission shall conduct a public hearing and a public notice pursuant to Chapter
30.205, Common Procedures. Recommendations to City Council shall be conducted according to the procedures of Chapter
30.235, General Plan and Zoning Amendments. A denial shall be returned to the Historic Landmarks Commission for its further consideration and review.
1. Scope of Planning Commission Review. The Planning Commission hearing shall be limited solely to the formation
of the proposed HD Overlay Zone. No review of the Significance Criteria,
or any other historical significance determination made by the Historic
Landmarks Commission, or City Council on appeal, shall take place.
The Planning Commission's review for implementing HD Overlay Zone
may, at its discretion, include public comment; however, it shall
only review the following written materials at this hearing:
a. The Proposed Zone Map, depicting the boundaries
of the proposed HD Overlay Zone including any proposed buffer zones;
b. A Legal Description, of the proposed HD Overlay
Zone;
c. An Inventory of All Historic Resources, including
contributing and non-contributing resources and structures to confirm
that the mandatory 80% contributing resources threshold has been met;
and
d. A Copy of the Historic Landmarks Commission's Recommendation, approving the proposed district, or the City Council's recommendation
on appeal.
2. Recommendation. A recommendation for
approval or denial of the Historic District Overlay Zone shall be
forwarded to City Council for a final decision.
D. City Council Action. Within 30 calendar days of a recommendation for approval or denial by the Planning Commission to City Council of the proposed classification as an HD Overlay Zone, the City Council shall conduct a public hearing and a public notice pursuant to Chapter
30.205, Common Procedures.
1. Decision. At the public hearing, the City Council shall consider whether to approve, modify, or disapprove the Planning Commission's and Historic Landmarks Commission's recommendations approving the HD Overlay Zone according to the procedures of Chapter
30.235, General Plan and Zoning Amendments. Approval by the City Council shall be based on a finding that the HD Overlay Zone establishes the Significance Criteria for designation as specified in this chapter. Disapproval shall be based on the finding that the HD Overlay Zone does not establish the Significance Criteria for designation as specified in this chapter.
2. Post Approval Procedures. Post approval procedures shall be conducted according to the procedures of Chapter
30.235, General Plan and Zoning Amendments; and
a. A buffer area, as defined in Section
30.300.080. "H," "B" will serve to alert owners, planners and design review boards during the planning and design review process of the necessity to plan to mitigate any negative impacts a new project may have on a historic resource. The buffer area notification will be documented on the affected properties by the Community Development Department.
3. Limits on New Applications After Denial. If the City Council denies the proposed classification as an HD
Overlay Zone, then 24 months must elapse before the submittal of another
application to consider HD Overlay Zone for that same area.
(Ord. 6006, 2021)
Rescission of an HD Overlay Zone or amendments to the boundaries
of an existing HD Overlay Zone shall follow the same procedures identified
within this chapter for its designation.
(Ord. 6006, 2021)