This chapter identifies the duties, organization, and powers of the City bodies and administrators authorized to make decisions under various chapters of this Title.
(Ord. 20-03 § 6)
A.
Applications Subject to More Than One Review Authority. When two or more applications are submitted that relate to the same development project and the individual applications are under the separate jurisdiction of more than one Review Authority in compliance with Table 17.50.020, Review Authority, all applications for the project shall be under the jurisdiction of the Review Authority with the highest jurisdiction in compliance with the following descending order:
B.
Advisory Roles and Recommendations.
1.
If the City Council is the Review Authority for a project due to a companion discretionary application (e.g., Zoning Map Amendment, Zoning Ordinance Amendment, etc.) the Planning Commission must make an advisory recommendation to the City Council on each project.
2.
If the City Council, Planning Commission, or Zoning Administrator is the Review Authority for a project that has a companion Design Review application (e.g., Development Plan, Conditional Use Permit, etc.) the Design Review Board must make an advisory recommendation on the design elements of the project after it has determined that the project is ready for Preliminary Review, pursuant to subsection B of Section 17.58.060, Design Review—Design Review Board Levels of Review.
C.
City Review Authorities. The table below identifies the Review Authority responsible for reviewing and making decisions on each type of application required by this Title.
TABLE 17.50.020: REVIEW AUTHORITY | ||||
|---|---|---|---|---|
Director | Zoning Administrator | Planning Commission | City Council | |
Administrative and Legislative Action | ||||
Zoning Code Amendment | Recommend | Decision | ||
General Plan Amendment | Recommend | Decision | ||
Development Agreement | Recommend | Decision | ||
Reasonable Accommodation | See Chapter 17.63, Reasonable Accommodation for Persons with Disabilities | |||
Specific Plans and Amendment | Recommend | Decision | ||
Subdivision and Lot Line Adjustment | See Title 16, Subdivisions | |||
Zoning Code Determination | Decision | Appeal | Appeal | |
Planning Permit or Action | ||||
Amendment | Decision | Appeal | Appeal | |
Coastal Development Permit | Decision | Appeal | Appeal | |
Coastal Development Permit (within Appeals Jurisdiction) | Decision | Decision | Appeal | Appeal |
Design Review | See Chapter 17.58, Design Review | |||
Development Impact Fee Adjustment, Reduction, or Waiver | Decision | |||
Development Plan (and Revisions to approved DPs) | See Chapter 17.59, Development Plans | |||
Emergency Permit | Decision | |||
Land Use Permit | Decision | Appeal | Appeal | |
Major Conditional Use Permit | Decision | Appeal | ||
Minor Conditional Use Permit | Decision | Appeal | ||
Modification | Decision | Appeal | ||
Minor Change to a Zoning Permit | Decision | |||
Substantial Conformity Determination | Decision | Appeal | Appeal | |
Temporary Use Permit | Decision | Appeal | Appeal | |
Time Extension | See Section 17.52.090(D), Time Extensions | |||
Variance | Decision | Appeal | ||
Zoning Clearance | Decision | |||
(Ord. 20-03 § 6; Ord. 21-07 § 4; Ord. 24-01, 4/16/2024)
The City Council has the following powers and duties under this Title in addition to its general responsibilities established in Title 2 of the Goleta Municipal Code.
A.
Consider and initiate, adopt, reject, or modify amendments to the General Plan, amendments to Zoning Regulations or Maps, amendments to the Local Coastal Program, and Specific Plans.
B.
Make decisions on Development Agreements, including approval, termination, and/or modification.
C.
Act as the final local Review Authority on appeals of a decision made by the Planning Commission or Zoning Administrator.
D.
Establish fee schedules by resolution that list planning application fees, impact fees and development mitigation fees, charges, and deposits for various applications, services, and required payments pursuant to this Title.
E.
Adopt guidelines for design review pursuant to Title 2 of the Goleta Municipal Code.
F.
Take other actions necessary for implementation of the General Plan and this Title.
G.
Make environmental determinations pursuant to CEQA on any projects under its purview.
H.
Act as the Review Authority for all zoning permits, except Zoning Clearances, and all discretionary approvals required by this Title for City projects, including Capital Improvement Program projects.
I.
Acts as the Review Authority to designate eligible properties as Historic Landmarks, Historic Districts, and Points of Historical Interest within the City. Also acts as the Review Authority for rescission of or amendment to a historic designation.
J.
Acts as Review Authority to grant Mills Act Contracts.
(Ord. 20-03 § 6; Ord. 22-05 § 9)
The Planning Commission has the following powers and duties under this Title in addition to its responsibilities established in Title 2 of the Goleta Municipal Code.
A.
Review and provide recommendations on amendments to the General Plan, Zoning Ordinance, Zoning Map, and Local Coastal Program.
B.
Hold public meetings and public hearings to receive and consider public comments, and review and approve, conditionally approve, or deny Major Conditional Use Permits, certain Development Plans, and other discretionary reviews.
C.
Make environmental determinations pursuant to CEQA on any projects under its purview.
D.
Hold public hearing and decide appeals of a decision made by the Design Review Board or Director in accordance with the provisions of this Title.
E.
Hold public hearings and make recommendations to the City Council on Development Agreements and Specific Plans.
F.
Hold public hearings and decide on Development Plan Amendments when referred to the Planning Commission by the Director.
G.
Perform other duties as may be necessary under this Title to implement the General Plan as directed by the City Council.
(Ord. 20-03 § 6)
The Zoning Administrator has the following duties and powers under this Title.
A.
Act on requests for Variances and Modifications when not associated with a discretionary permit under a higher Review Authority’s purview.
B.
Review, approve, conditionally approve, or deny applications for Minor Conditional Use Permits, certain Development Plans, and requests for Reasonable Accommodation that accompany another Zoning Permit application.
C.
Make environmental determinations pursuant to CEQA on any projects under its purview.
(Ord. 20-03 § 6)
A.
Duties and Authorities. The Director has the following duties and powers under this Title:
1.
Prepare, and update from time to time, application submittal forms and lists that specify the information that will be required from applicants to support applications.
2.
Make official Zoning Code Determinations as to the applicability of any provision of this Title, pursuant to Section 17.01.040(D) of this Title.
3.
Provide clarification of the rules and regulations of this Title, pursuant to Section 17.02.030(A).
4.
Issue written rules and procedures for the administration of this Title.
5.
Provide formal feedback on Planner Consultations prior to application submittal for entitlements.
6.
Review applications to determine if they are complete and can be accepted for processing under the requirements of this Title.
7.
Act on requests for Zoning Permits, Substantial Conformity Determinations, and requests for Reasonable Accommodation that do not accompany another Zoning Permit application.
8.
Approve minor changes and amendments to previously approved plans and Zoning Permits.
9.
Make environmental determinations pursuant to CEQA on any projects under the Director’s purview.
10.
Serve as or designate a member of the Planning and Environmental Review Department staff to serve as Secretary of the Planning Commission and Design Review Board.
11.
Provide recommendations to the City Council, Planning Commission, Design Review Board, other appointed officials and City management on matters related to the planning and development of the community.
12.
Investigate and make reports on Zoning Code violations and any violation of permit terms and conditions.
13.
Initiate code enforcement procedures and City initiated revocation procedures.
14.
Provide initial screening of Appeal applications to determine if they meet the specific submittal requirements for acceptance and to reject those that do not.
15.
Maintain and periodically update the City’s standard conditions of approval for projects.
16.
Develop a listing and map of parcels within the city that are known to contain all or a portion of a documented archaeological and/or tribal cultural resource. This list and map shall:
a.
Be used by the city to advise applicants and their qualified archaeological consultants whether the site of a proposed development is within an area that has been identified as sensitive for archaeological and/or tribal cultural resources. The list and map of documented resources shall be kept confidential, only used by the City, local tribal members, and qualified archaeologists, and shall not be released to the public or individual landowners/applicants/developers.
b.
Include information available from the appropriate Information Center (IC) for Santa Barbara County and other relevant sources.
c.
Be developed in consultation with the Tribal Chair of the Barbareño Band of Chumash Indians, Coastal Band of Chumash Nation, Santa Ynez Band of Chumash Indians, and Barbareño/Ventureño Band of Mission Indians, and a qualified archaeologist.
d.
Be updated as the city receives new relevant information from archaeological studies, monitoring reports, and other related communications and consultations.
B.
Responsibility of the Director.
1.
The Review Authority of the Director may be delegated by the Director to Planning staff, unless otherwise specified by this Title.
2.
Wherever this Title makes reference to “Planning staff,” it is expressly understood that the staff is making decisions on behalf of, or acting under the direction and control of the Director.
(Ord. 20-03 § 6; Ord. 22-05 § 10; Ord. 22-06 § 4)
The Design Review Board has the following powers and duties under this Title:
A.
Conduct Design Review of proposed development, pursuant to Chapter 17.58, Design Review, for which Review Authority is assigned to the Design Review Board.
B.
Upon request by the Director, Planning Commission, or the City Council, make recommendations on design policies and guidelines.
C.
Conduct conceptual Design Review for proposed development and make recommendations on projects that are under the Review Authority of a higher decision-maker.
D.
Act as the Review Authority to grant Design Review to Historic Resources upon recommendation of the Historic Preservation Commission.
(Ord. 20-03 § 6; Ord. 22-05 § 9)
A.
The Historic Preservation Commission has the following powers and duties under this Title in addition to the responsibilities established in Title 2 of the Goleta Municipal Code. The Historic Preservation Commission shall be an advisory board to the City Council, Planning Commission, Design Review Board, City Manager, and all City departments on all matters related to historic preservation. The Historic Preservation Commission shall have the power and it shall be its duty to perform the following acts:
1.
Review historic resources surveys and make recommendations to the City Council on periodic updates to the City’s Historic Resources Inventory.
3.
Review properties identified for listing as Points of Historical Interest and make recommendations to the City Council.
4.
Review and make recommendations on any proposed design guidelines that may be developed by the city for project review or review of appropriate alterations or new construction within Historic Districts.
5.
Review and recommend to the City Council the amendment or rescission of any historic designation.
6.
Make recommendations to the Design Review Board on projects involving alterations to historic resources.
7.
Review and make advisory recommendations on projects affecting City-owned historic resources.
8.
Review Mills Act applications and make recommendations to the City Council.
9.
Make recommendations to the Planning Commission and the City Council on policies related to historic preservation in the General Plan.
10.
Advise the City Council and other commissions, as requested, on historic preservation issues.
11.
Perform any other functions as may be designated by the City Council.
(Ord. 22-05 § 9)