A. 
The purpose of this section is to set forth permit procedures and requirements for the preparation, filing, and processing of development applications required by this zoning code. The development review process is designed to provide a consistent and efficient method for the city to implement its general plan and other adopted goals, policies, and standards.
B. 
Authority for Land Use Decisions. Table 11.14 identifies the review authority responsible for reviewing and making decisions on each type of planning application required by this zoning code.
Table 11.14 Review Authority
Type of Action
Code Section
Review Authority1
Planning Manager
DRC
Planning Commission
City Council
General Plan Amendment
Recommend
—
Recommend
Decision
Zoning Code Amendment
11-17-1
Recommend
Recommend2
Recommend
Decision
Development Permit
11-16-5
Recommend
Recommend3
Decision
Appeal
Conditional Use Permit
11-16-6
Recommend
Recommend3
Decision
Appeal
Variance
11-16-7
Recommend
Recommend3
Decision
Appeal
Specific Plan1
11-16-9
Recommend
—
Recommend
Decision
Zoning Clearance
11-16-4
Decision4
—
—
—
Short Term Rental Permit
11-12-30
Decision
—
Appeal
Appeal
Temporary Use Permit
11-16-8
Decision
—
Appeal
Appeal
Interpretations
11-2-5
Decision
—
Appeal
Appeal
Sign Permit
11-13-12
Recommend
Decision
—
Appeal
Note:
1.
The review authority responsible for reviewing and making decisions on each type of permit shall be responsible for making any applicable CEQA determination. A CEQA determination may be appealed.
2.
The DRC shall provide a recommendation on amendments to all design standards, building form, etc. within Village Design District Overlay (DD-1) and the Mission Design District (DD-2). All other zoning code amendments do not require DRC recommendation.
3.
The DRC is to provide a recommendation for nonresidential and mixed-use applications where applications propose new construction or additions greater than 500 square feet. No DRC recommendation is required for residential projects, or conversions to residential where no exterior structural improvements are proposed.
4.
The planning manager's decision under a zoning clearance is a ministerial action and not subject to an appeal.
C. 
Application Content. All planning applications shall be filed with the department on a city application form, together with all required fees and/or deposits, the indemnification agreement required by section 11-16-2, all other information and materials specified in the department's handouts and/or checklists submittal requirements for the specific type of application and any additional instructions provided by the planning manager. The department will prepare required forms and checklists.
D. 
Application Review.
1. 
Determination of Completeness. The planning manager or their designee shall review each application for completeness and accuracy before it is considered officially filed. The planning manager's determination of completeness shall be based on the department's submittal requirements, including checklists and any additional instructions provided by the planning manager.
a. 
Notification of Applicant. As required by Government Code section 65943, not later than 30 calendar days after the filing of the application, the applicant shall be informed in writing that the application is complete and has been accepted for processing, or that the application is incomplete and that additional information shall be provided to complete the application process.
b. 
Appeal of Determination. Where the planning manager has determined that an application is incomplete, and the applicant believes that the application is complete and/or that the information requested by the planning manager is not required, the applicant may appeal the determination in compliance with section 11-17-3 (Appeals).
c. 
Time for Submittal of Additional Information. When an application is incomplete, the time used by the applicant to submit the required additional information shall not be considered part of the time within which the determination of completeness shall occur.
d. 
Expiration of Application. If an applicant fails to provide the additional information specified in the incompleteness letter within one year of the notice of incomplete, the application shall expire and be deemed withdrawn. This section 11-16-1(D)(1)(4) shall not apply to formal SB 330 applications for housing development projects which are addressed in section 11-16-3(F).
e. 
Environmental Information. After an application has been accepted as complete, the planning manager may require the applicant to submit additional information needed for the environmental review of the development.
E. 
Application Fees.
1. 
Fee Schedule. The council shall establish a schedule of fees for the processing of the applications required by this zoning code, which shall be listed in the City's Master Fee Schedule. Fees are intended to allow recovery of all costs incurred by the city in processing development applications.
2. 
Timing of Payment. The city will not process an application until all required fees or deposits have been paid. If at any time during the review process deposits are insufficient to cover the city's costs of processing the application, the city shall cease processing until additional funds are submitted.
3. 
Refunds and Withdrawals. Application fees cover city costs for public hearings, mailings, staff time, and the other activities involved in processing applications. Fees are not refundable in the event of denial by the review authority. In the case of a withdrawal, the planning manager may authorize a partial refund based upon the pro-rated costs to-date at the time of withdrawal.
F. 
Eligibility to Submit an Application. An application may only be filed by the owner of the property, an authorized agent of the owner, a person acting in compliance with a purchase contract or other written consent, or the planning manager on behalf of the council. Proposed development on appurtenant easements that an applicant controls as identified by a title report shall not require signature of the underlying easement holder.
(Ord. 24-0378, 12/9/2024)
A. 
Applicant Agreement. At the time of submitting a development application, the applicant shall agree to defend, indemnify, and hold harmless the city and its agents, attorneys, employees, and officers, from any action, claim, loss, or proceeding brought against the city or its agents, employees, and officers to attack, set aside, void, or annul a discretionary land use approval of the city. The required indemnification shall include damages awarded against the city, if any, costs of suit, attorney's fees, and other costs and expenses incurred in connection with the action. A development application shall be deemed incomplete without an executed agreement pursuant to this subsection.
B. 
City Notification of Applicant. In the event that an action, claim, or proceeding referred to in subsection A above is brought, the city shall promptly notify the applicant of the existence of the action, claim, or proceeding and shall cooperate fully in the defense of the action, claim, or proceeding.
C. 
City Participation in Defense. Nothing in this section shall prohibit the city from participating in the defense of any action, claim, or proceeding, if the city elects to bear its own attorney's fees and costs.
(Ord. 24-0378, 12/9/2024)
A. 
An applicant may submit a pre-application review with the planning manager before completing and filing a planning application for major development applications (e.g., residential subdivisions greater than five units, mixed-use projects, large nonresidential projects, etc.), or to ensure conformity with objective design standards prior to building permit submittal for projects that may be approved with a zoning clearance as provided in section 11-16-4.
B. 
The purpose of the review for a pre-application project is to:
1. 
Inform the applicant of development and design standards as they apply to the proposed development;
2. 
Review the city's permit process, possible development alternatives, or modifications;
3. 
Identify information and materials the city typically requires for similar applications, and any necessary technical studies and information relating to the environmental review of the development (if applicable); and
4. 
Allow for a presentation to a review authority to receive feedback on a conceptual project design.
C. 
The purpose of the pre-application review for a project that requires a zoning clearance is to provide verification that the proposed project is in conformance with objective development and design standards or identify which standards are not in compliance with the zoning code. The applicant may re-submit for an additional review and pay the required fee as established in the Master Fee Schedule.
D. 
Failure by city staff to identify all required studies or all applicable standards does not constitute a waiver of those studies or standards.
E. 
The pre-application review shall not be construed as either a recommendation for approval or denial of the application by the city.
F. 
SB 330 Preliminary Application for Housing Development Projects. The SB 330 preliminary application review process was established by the Housing Crisis Act of 2019. The option to submit a preliminary application shall sunset on January 1, 2030, unless extended by or otherwise required by state law. The following outlines the process to be followed:
1. 
In compliance with Government Code section 65941.1, a proponent of a housing development project, as that term is defined in state law, may submit a preliminary application. All of the information listed in the City's SB 330 preliminary application form and payment of the preliminary application processing fee shall be submitted to the city.
2. 
If, after submission of a preliminary application with all of the information required by state law, the project proponent revises the project to change the number of residential units or square footage of construction by 20% or more, exclusive of any increase resulting from the receipt of a density bonus, incentive, concession, waiver, or similar provision under State Density Bonus Law, the proponent shall not be deemed to have submitted a preliminary application that satisfies the state and city requirements, until the project proponent resubmits the required information and the preliminary application shall be dated as of the resubmission date.
3. 
The project proponent shall submit a formal application for a development project within 180 calendar days of submitting a preliminary application that contained all of the information required by state law. If the city determines that the formal application for the development project is incomplete, the project proponent shall submit the specific information needed to complete the application within 90 days of receiving the city's written identification of the necessary information. If the project proponent does not submit this information within the 90-day period, then the preliminary application shall expire and have no further force or effect.
(Ord. 24-0378, 12/9/2024)
A. 
Purpose. This section provides a procedure for issuing zoning clearances, which are used to verify that a proposed use or structure complies with the allowed uses and development standards applicable to the type of use or the zone of the subject parcel.
B. 
Applicability. Zoning clearance is required to verify that all requirements of this zoning code have been satisfied for any permitted ("P") land use allowed by chapters 5 through 9 of the zoning code where no discretionary permit approval to establish the use or development is required. In addition, the following require zoning clearance:
1. 
Additions to existing dwelling units.
2. 
Additions to existing multi-unit dwellings.
3. 
Additions to commercial/industrial buildings that are less than 500 square feet.
4. 
A "reconfiguration" of an architectural feature that does not modify the previously approved theme or plan for an approved planning application.
5. 
Restriping of a parking lot which does not decrease the number of parking spaces required for an approved development project nor change the vehicle circulation patterns, unless otherwise required to comply with Americans with Disabilities Act (ADA) requirements.
6. 
Color and material board changes that are consistent with the original approval for a completed residential, commercial, or industrial development project.
7. 
New single-unit dwelling.
8. 
New two-unit housing development/duplexes (SB-9).
9. 
Accessory dwelling units.
10. 
Junior accessory dwelling units.
11. 
Interior remodels with no proposed exterior improvements.
12. 
Conversion of nonresidential space for up to four units where no external improvements are proposed with the exception of required ingress and egress improvements, and other improvements necessary to meet fire code and building code requirements.
13. 
Proposed re-roofs in the DD-1 and DD-2 district that meet objectives standards in chapter 10A.
14. 
Proposed building re-paintings within the DD-1 and DD-2 district that adhere to color palette schemes in the adopted Design Handbook.
15. 
Public works projects in the Public/Institutional zone.
16. 
As otherwise required by this zoning code.
17. 
Two-unit developments.
C. 
Review Authority. Zoning clearance is conducted by the planning manager or their designee and is not subject to an appeal.
D. 
An application for zoning clearance shall be prepared, filed, and processed in compliance with section 11-16-1 to comply with the following:
1. 
A zoning clearance shall be filed concurrently with the building permit application, if applicable. An applicant may file a pre-application (section 11-16-3) for a preliminary assessment of whether a contemplated project would comply with the objective development and design standards of the zoning code.
2. 
No person shall alter, install, occupy, or use any newly constructed or modified structure, or change or occupy any newly initiated or modified use, or type or class of use without first applying for and obtaining the required zoning clearance.
E. 
Notice and Hearing. A public notice and hearing shall not be required for the planning manager's decision on zoning clearances.
F. 
Approval. The planning manager shall issue the zoning clearance after first determining that the proposed development or improvement:
1. 
Complies with all of the applicable provisions, requirements, and standards for the category of use and the zone of the subject parcel;
2. 
Demonstrates compliance with any previously issued conditions of approval affecting the use on the subject parcel;
3. 
Demonstrates compliance with the zoning code and other applicable city standards; and
G. 
Conditions of Approval. The planning manager's decision on a zoning clearance shall not impose any conditions of approval.
(Ord. 24-0378, 12/9/2024)
A. 
Purpose. This section establishes procedures for development permits for new developments and major additions to ensure that all development and design standards are met that may be appropriate on particular sites and/or may need to be carefully designed to avoid or minimize potential negative impacts on the surrounding area.
B. 
Applicability. The following types of projects require approval of a development permit (a conditional use permit approval may also be required for a defined land use within this zoning code):
1. 
Residential development projects with two or more dwelling units.
2. 
Mixed-use development projects.
3. 
New nonresidential development or redevelopment.
4. 
Additions to nonresidential buildings greater than 500 square feet, or additional stories to nonresidential buildings.
5. 
Conversion of a dwelling to commercial use.
6. 
Conversions of nonresidential space to five or more dwelling units.
7. 
As required by other sections of this zoning code.
C. 
Review Authority. The planning commission is authorized to approve, conditionally approve, or deny development permit applications. When required by this code, the design review committee will make applicable recommendations to the planning commission.
D. 
Application requirements. An application for a development permit shall be prepared, filed, and processed in compliance with section 11-16-1.
E. 
Notice and hearing. Notice of the public hearing shall be provided and the hearing shall be conducted in compliance with section 11-17-2 for planning commission meetings only.
F. 
Findings. The planning commission may approve a development permit application only after making all of the following findings:
1. 
The proposed development is consistent with the general plan, this zoning code, and other city goals, policies, and standards, as applicable.
2. 
For nonresidential development, the subject site is physically suitable for the proposed development in terms of design, operating characteristics, shape, size, and topography.
3. 
The proposed development will not constitute a hazard to the public, health, safety, or welfare.
G. 
Conditions of Approval. When approving a development permit, the planning commission may impose conditions of approval to ensure that the development will comply with the findings required by subsection F.
(Ord. 24-0378, 12/9/2024)
A. 
Purpose. This section establishes procedures for conditional use permits for developments and uses that may only be appropriate on particular sites and/or may need to be carefully designed to avoid or minimize potential negative impacts on the surrounding area.
B. 
Applicability. A conditional use permit is required to authorize land uses as specified in chapters 5 through 9 of this zoning code or as required by other sections of this zoning code.
C. 
Review Authority. The planning commission is authorized to approve, conditionally approve, or deny conditional use permit applications. When required by this code, the design review committee will make applicable recommendations to the planning commission.
D. 
Application Requirements. An application for a conditional use permit shall be prepared, filed, and processed in compliance with section 11-16-1.
E. 
Notice and Hearing. Notice of the public hearing shall be provided and the hearing shall be conducted in compliance with section 11-17-2 for planning commission meetings only.
F. 
Findings. The planning commission may approve a conditional use permit only after making all of the following findings:
1. 
The proposed development is consistent with the general plan, this zoning code, and other city goals, policies, and standards, as applicable.
2. 
For nonresidential uses, the subject site is physically suitable in terms of design, operating characteristics, shape, size, and topography.
3. 
The type, and intensity of use being proposed will not constitute a hazard to the public, health, safety, or welfare.
(Ord. 24-0378, 12/9/2024)
A. 
Purpose and Intent. The purpose and intent of this section is to allow variances from the strict application of the regulations on land, buildings and structures of this title where, because of exceptional conditions such as the size, shape, unusual topography or other extraordinary situation or condition of such piece of property, the literal enforcement of this title would impose practical difficulties or would cause undue hardship unnecessary to carry out the intent and purpose of this zoning ordinance.
B. 
Applicability. A variance may be granted to waive or modify any requirement of this zoning code except the following: allowed land uses, residential density, specific prohibitions (for example, prohibited signs), or procedural requirements.
C. 
Review Authority. The planning commission is authorized to approve, conditionally approve, or deny variance applications. When required by this code, the design review committee will make applicable recommendations to the planning commission.
D. 
Application Requirements. An application for a variance shall be prepared, filed, and processed in compliance with section 11-16-1.
E. 
Notice and Hearing. Notice of the public hearing shall be provided and the hearing shall be conducted in compliance with section 11-17-2.
F. 
Findings Required for Approval. A variance shall only be approved if all of the following are made:
1. 
Because of special circumstances applicable to the property, including, but not limited to, size, shape, topography, location or surroundings, the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification.
2. 
The granting of the variance shall not constitute a grant of special privileges inconsistent with the limitations upon other property in the vicinity and zone in which such property is situated.
3. 
That the granting of the variance will not be in conflict with the intent and purpose of the zoning code or the general pan.
4. 
The applicant agrees in writing to comply with all conditions imposed by the city in the granting of the variance.
G. 
Conditions of Approval. In approving a variance, the planning commission may impose conditions of approval to ensure that the development will comply with the findings required by subsection F.
(Ord. 24-0378, 12/9/2024)
A. 
Purpose. This section establishes procedures and standards for temporary use permits for the short-term activities specified in this section. These are activities that may not comply with particular standards of the applicable zone, but may otherwise be acceptable because of their temporary nature, if reviewed and appropriately conditioned in compliance with this section.
B. 
Applicability. A temporary use permit is required to permit the short-term activities specified in this section.
C. 
Review Authority. The planning manager or their designee is authorized to issue temporary use permits. The planning manager shall approve, conditionally approve, or deny temporary use permits.
D. 
Application Requirements. An application for a temporary use permit shall be prepared, filed, and processed in compliance with section 11-16-1.
E. 
Exempt Short-Term Activities. The following activities are allowed without a temporary use permit, but may require other permits as specified.
1. 
Construction Yards, On-Site. On-site contractor's construction yard for an approved construction project including storage or cargo containers. The construction yard shall be removed immediately upon completion of the construction project, or the expiration of the building permit authorizing the project construction, whichever occurs first.
2. 
Fund-Raising Events.
a. 
Fund raising events (e.g., bake sales, yard sales, car washes, etc.) conducted on property within a nonresidential zone, limited to a maximum of two days per month for each sponsoring organization.
b. 
Sponsorship shall be limited to educational, fraternal, religious, or service organizations directly engaged in civic or charitable efforts, or to tax exempt organizations in compliance with section 501(c) of the federal Internal Revenue Code.
3. 
Garage Sales. Garage sales may be held up to four times a year on a residentially zoned property.
4. 
Public Right-of-Way. Activities conducted within the public right-of-way that are authorized by an encroachment permit or issuance of a special event permit.
5. 
Special Events. A special events permit shall be required in compliance with Solvang Municipal Code chapter 8-9 if an event is anticipated or planned to be attended by more than 100 people on private property or within public right-of-way or property. The planning manager may defer such determinations to the city manager.
6. 
Meeting halls or public assembly facilities. Events that occur at permanent meeting halls or public assembly facilities.
F. 
Allowed Short-Term Activities. A temporary use permit may authorize the following short-term activities within the specified time limits, but in no event for more than 12 months. Activities not included in the categories below and that are proposed to occur for no more than 12 months shall comply with the development permit requirements and development standards that otherwise apply to the property.
1. 
Events. Art and craft exhibits, carnivals, circuses, fairs, festivals, flea markets, food events, open-air theaters, outdoor entertainment/sporting events, promotional events, rummage sales, swap meets, and other special events, that will have less than 100 people at any one given time. Events of more than 100 attendees shall be considered a special event under chapter 8-9.
2. 
Amplified Music. Amplified music that is an accessory use to the primary use shall be allowed if the following criteria is met:
a. 
The use does and not create any adverse impacts other than those normally associated with the permitted use.
b. 
Shall be in compliance with the city's noise standards.
c. 
Does not charge a fee for entry.
d. 
Amplified music shall be limited to the hours of 12:00 p.m. to 8:00 p.m., and shall not exceed 80 decibels (dB) on Friday, Saturday, and Sunday, as measured from the edge of the property line, and 70 dB Monday through Thursday.
e. 
Other conditions as imposed by the planning manager consistent with subsection I.
3. 
Seasonal Sales Lots. Seasonal sales activities (e.g., Christmas tree lots, pumpkins, agricultural products grown on the premises, etc.) including temporary residence/security trailers.
4. 
Model Homes and Sales Office. A model home(s) and/or sales office associated with a residential project. This may include off-site directional signs located on private property with written permission from the property owners. The maximum sign area shall be 36 square feet for each sign and a maximum sign height of six feet.
5. 
Temporary Structures. A temporary office, or similar structure (not for storage), including a manufactured or mobile unit, may be approved as an accessory use for a maximum of 12 months.
6. 
Temporary Storage Containers. A temporary storage or cargo container not associated with an active building permit may be approved for a maximum of 30 days. The storage container shall be located on site.
7. 
Temporary Office and Living Quarters. A trailer or mobile home used as a temporary work and/or living quarters when associated with an active construction site.
8. 
Construction Yards, Off-Site. Off-site contractors' construction yards, for an approved non-city construction project. The construction yard shall be removed immediately upon completion of the construction project, or the expiration of the building permit authorizing the project, whichever occurs first. A performance guarantee may be required by the public works director or the planning manager.
9. 
Similar Short-Term Activities. A short-term activity that the planning manager determines is similar to the other activities listed in this section, and compatible with the applicable zone and surrounding land uses.
G. 
Notice and Hearing. A public notice and hearing shall not be required for the planning manager's decision on a temporary use permit.
H. 
Findings. The planning manager may approve a temporary use permit upon making all of the following findings:
1. 
The location, operation and time period of the temporary use will not constitute a hazard to the public interest, health, safety, or general welfare.
2. 
The operation of the temporary use will not be detrimental to adjoining properties through the creation of excessive dust, light, noise, odor, or other objectionable characteristics.
3. 
The proposed lot is adequate in size and shape to accommodate the temporary use without detriment to the enjoyment of other properties located adjacent to and in the vicinity of the subject lot.
4. 
The proposed lot is adequately and safely served by streets having sufficient capacity and improvements to accommodate the quantity of traffic that the temporary use will or could reasonably be expected to generate.
5. 
Adequate temporary parking to accommodate vehicular traffic to be generated by the use will be available either on-site or at an acceptable off-site location.
I. 
Conditions of Approval. In approving a temporary use permit application, the planning manager may impose conditions that are deemed reasonable and necessary to ensure that the permit would be in full compliance with the findings required by subsection H. This may include conditions from other city departments (e.g. public works, parks) and other outside agencies (e.g. Santa Barbara County Fire Department, Santa Barbara County Sheriff) that may have a direct effect on the operation of the temporary use. Conditions may address any pertinent factors affecting the operation of the temporary event, or use, and may include the following:
1. 
Regulating the length of time for operations, operating hours and days.
2. 
Provision for adequate temporary pedestrian and vehicular circulation, and parking facilities.
3. 
Regulation of nuisance factors including mitigation of glare or direct illumination, dirt, dust, noise, odors, smoke, trash, and vibration on adjacent lots.
4. 
Regulation of temporary structures and facilities, including placement, height, size, and location of equipment.
5. 
Provision to meet city building and fire code requirements.
6. 
Provision for sanitary and medical facilities, as appropriate.
7. 
Provision for solid, hazardous, and toxic waste collection, recycling, and/or disposal.
8. 
Provision for police/security and safety measures, as appropriate.
9. 
Regulation of signs.
10. 
Other conditions that would ensure that the operation of the proposed temporary use would be conducted in an orderly manner, and in full compliance with the purpose of this section.
(Ord. 24-0378, 12/9/2024)
A. 
Purpose and intent.
1. 
This section is based on the recognition that one parcel or a group of parcels of land which may be in separate ownership are suitable for a specific use or combination of uses, and should be planned as a unit to ensure protection of valuable resources and allow maximum flexibility in site planning.
2. 
The purpose of the specific plan is to allow for a more precise level of planning for an area than is ordinarily possible in the general plan land use element and to provide for a mixture of uses through comprehensive site planning.
3. 
This section is adopted to guide the preparation of specific plans pursuant to the provisions of Government Code sections 65450 through 65457.
B. 
Applicability.
1. 
A specific plan shall not be considered adopted until a site development plan as described in subsection (C)(2) of this section, together with the required accompanying data, have been approved by ordinance or resolution of the city council after consideration at a noticed public hearing and a recommendation by the planning commission.
2. 
At the time of adoption of the specific plan, the city council shall determine whether the existing zoning on the property is consistent with the specific plan. If the city council finds that it is not consistent, then either the city or proponent of the specific plan shall initiate rezoning of the parcel(s) to bring the zoning into conformance with the specific plan.
3. 
After the city council adopts the specific plan, no construction shall commence on properties subject to the specific plan unless and until all required entitlements or building permits are obtained.
C. 
Contents of Specific Plans.
1. 
As many copies of a specific plan as may be required shall be submitted to the planning manager.
2. 
Unless specifically otherwise authorized in writing by the planning manager, the information submitted as part of the specific plan shall consist of a site development plan including a map or maps drawn to scale and other supplemental information indicating:
a. 
Acreage and approximate boundaries of the property;
b. 
Contour maps showing topography and areas proposed for major regrading;
c. 
Approximate width and location of proposed streets and their connector roads and other major highways on surrounding property;
d. 
Location of areas of geologic, seismic, flood and other hazards;
e. 
Location of areas of prime scenic quality, habitat resources, archaeological sites, water bodies and areas with significant existing vegetation;
f. 
Location of all proposed structures including, but not limited to, residential (distinguishing between the various types of residential structures, i.e., single-family dwelling, duplex, apartment, condominium, etc.), industrial and recreational structures, description of the general dimensions and square footage of each of these structures, and an indication of the total number of and estimated total population for each type of dwelling unit;
g. 
Location and amount of open space for use by prospective residents and the public;
h. 
Location and description of proposed recreational facilities;
i. 
Location of parking areas;
j. 
A statement of intent with respect to establishment of utilities, services and facilities, including water, sewage disposal, fire protection, police protection and schools;
k. 
If development is to occur in stages, a general indication of the sequence and time of construction of the various phases;
l. 
Text of the specific plan requirements applicable to the area involved; and
m. 
Any other supplementary data requested by the planning manager.
D. 
Processing.
1. 
The planning commission shall hold at least one noticed public hearing to consider the specific plan. Notice of time and place of said hearing shall be given in accordance with the procedures set forth in section 11-17-2 of this zoning code.
2. 
The planning commission's recommendation on the specific plan shall be transmitted to the city council.
3. 
The city council shall hold at least one noticed public hearing before adopting the proposed specific plan. The notice of time and place of said hearing shall be given in accordance with the procedures set forth in section 11-17-2 of this chapter.
4. 
The adoption of the specific plan shall be by ordinance or via resolution of the city council.
5. 
After adoption of a specific plan, no permits shall be issued for construction, erection or moving in of any building, nor for grading, nor for any use of land unless completion of required additional entitlements as specified by the specific plan and/or zoning ordinance.
6. 
Subsequent amendments to the specific plan shall be processed in the same manner as specified for adoption of an original specific plan.
E. 
Findings Required for Approval. A specific plan shall not be adopted unless all of the following findings are made:
1. 
The specific plan is in conformance with and will implement all applicable general plan policies and incorporates any other conditions specifically applicable to the parcels that are set forth in the plan.
2. 
The specific plan will not be detrimental to the health, safety, comfort, convenience and general welfare of the neighborhood.
3. 
The specific plan will not adversely affect necessary community services such as traffic circulation, sewage disposal, fire protection and water supply.
4. 
The specific plan represents sound community planning and will provide a measure of public benefit as determined by the city council.
(Ord. 24-0378, 12/9/2024)
A. 
This section provides requirements for the implementation of the development applications or approvals required by this zoning code.
B. 
Effective Date of Permits. The approval of a discretionary planning application for a development shall become effective after the 10th day following the date of application approval by the review authority, where no appeal of the review authority's action has been filed in compliance with section 11-17-3.
C. 
Applications Deemed Approved. A development application deemed approved in compliance with Government Code section 65956(b) shall be subject to all applicable provisions of the general plan, this zoning code, and other applicable city policies and standards before a building permit is issued, or a use not requiring a building permit is established.
D. 
Permits to Run with the Land. Unless otherwise specified, development applications and approvals granted in compliance with this chapter shall run with the land (property), and shall continue to be valid upon a change of ownership of the site or structure to which it applies, with the exception of home occupation permits issued pursuant to section 11-12-12.
(Ord. 24-0378, 12/9/2024)
A. 
Deposit of Security.
1. 
The review authority or the planning manager may require the execution of a covenant or other agreement to deposit security in a reasonable amount to ensure the faithful performance of one or more of the conditions of approval.
2. 
The security shall, as required by law or otherwise at the option of the city, be in a form which includes, but is not limited to, cash, a certified or cashier's check, letter of credit, or a performance bond executed by the applicant and a corporate surety authorized to do business in California and approved by the city manager.
3. 
The security shall remain in effect until all of the secured conditions have been performed to the satisfaction of the planning manager.
4. 
A security required pursuant to this section shall be payable to the city of Solvang.
B. 
Release of Security. Upon satisfactory compliance with all applicable provisions of this section, the security deposit shall be released.
C. 
Failure to Comply.
1. 
Upon failure to perform any secured condition(s), the city may perform the condition, or cause it to be done, and may collect from the obligor all costs incurred, including administrative, engineering, legal, and inspection costs associated with satisfying the condition.
2. 
Any unused portion of the security shall be refunded to the obligor after deduction of the cost of the city and its agents to perform the work.
(Ord. 24-0378, 12/9/2024)
A. 
Time Limits.
1. 
Unless a condition of approval or other provision of this zoning code or municipal code establishes a different time limit, any permit or approval not exercised within 24 months of approval shall expire and become void, except where an extension of time is approved in compliance with subsection B.
2. 
If a development is to be constructed in approved phases, each subsequent phase shall be exercised within 24 months from the date that the previous phase was exercised, or the permit shall expire and become void, except where an extension of time is approved in compliance with subsection B.
3. 
The permit shall not be deemed "exercised" until the applicant has substantially commenced construction of the approved development or actually commenced the allowed use on the site in compliance with the conditions of approval.
B. 
Extensions.
1. 
Filing and Review of Request.
a. 
Time for Filing. The applicant shall file an application for an extension of time with the planning manager or their designee before the expiration of the permit, together with the filing fee required by the city's Master Fee Schedule. The permit shall be automatically extended for 60 days, or until the application for the extension is approved, conditionally approved, or denied, whichever occurs last.
b. 
Evidence to Be Provided. The review authority shall determine whether the applicant has made a good faith effort to exercise the permit. The burden of proof is on the applicant to establish that circumstances beyond the control of the applicant (e.g., demonstrated problems with completing the acquisition of the lot, poor weather during periods of planned construction, financial circumstances, etc.) have prevented exercising the permit.
c. 
Public Hearing. If the original approval required a public hearing, the review authority shall hold a public hearing on a proposed extension of time, after providing notice of the public hearing in compliance with section 11-17-2. If the original approval did not require a public hearing, the planning manager may review and approve, conditionally approve or deny the extension of time.
2. 
Action on Extension Request.
a. 
A permit may be extended for three additional 12-month periods beyond the expiration of the original approval provided that the review authority finds there have been no changes in the conditions or circumstances of the site or development.
b. 
If a project requires the issuance of a permit by the federal or state governments, or a local agency other than the city in order to be constructed, additional extensions may be granted beyond the extensions allowed in subsection (2)(a), if the review authority can make a finding that the delay in the project was not caused by the applicant's actions or failure to use due diligence in pursuing the required federal or state permits necessary to move forward with construction of the project.
(Ord. 24-0378, 12/9/2024)
A. 
Application.
1. 
A development or new use allowed through a permit or approval granted in compliance with this zoning code shall be in substantial compliance with the approved drawings and plans, and any conditions of approval imposed by the review authority, except where changes to the development are approved in compliance with this section.
2. 
An applicant shall request desired changes in writing, and shall also furnish appropriate supporting materials and an explanation of the reasons for the request. Requested changes may involve changes to one or more conditions imposed by the review authority or actual changes to the development (e.g., hours of operation, expansion of a use, etc.) proposed by the applicant or approved by the review authority.
3. 
Changes may be requested before or after construction, establishment, or operation of the approved use but no changes shall be implemented until approved by the applicable review authority.
B. 
Notice and Hearing. If the matter originally required a noticed public hearing, the review authority shall hold a public hearing in compliance with section 11-17-2, except for the minor changes set forth in section 11-16-13(C) below.
C. 
Minor Changes. The planning manager may authorize changes to an approved development application or other approval that are considered minor if the changes:
1. 
Do not contradict any findings in a Negative Declaration, Mitigated Negative Declaration, or Environmental Impact Report for the development;
2. 
Do not contradict the basis for any conditions of approval for the development;
3. 
Do not contradict a specific consideration by the review authority (e.g., the planning manager, commission, or city council) in approving the permit; and
4. 
Do not involve expansion of the use of more than 10%, and comply with all applicable life/safety codes.
(Ord. 24-0378, 12/9/2024)
A. 
Permit revocations. The city's action to revoke a permit or approval shall have the effect of terminating the permit or approval and denying all privileges granted by the original approval.
B. 
Hearing and Notice Required. The commission shall hold a public hearing to revoke a permit or approval granted in compliance with the provisions of this zoning code. The hearing shall be noticed and conducted in compliance with section 11-17-2.
C. 
Findings.
1. 
Permits. A conditional use permit, development permit (except a variance, see subsection (C)(2)) may be revoked by the planning commission, if the planning commission makes any one of the following findings:
a. 
Circumstances under which the permit or approval was granted have been changed by the applicant to an extent that one or more of the findings that justified the original approval can no longer be made, and the public health, safety, and welfare require revocation.
b. 
The permit or other approval was granted, in whole or in part, on the basis of a fraud, misrepresentation, or omission of a material statement in the application, or in the applicant's testimony presented during the public hearing, for the permit or approval.
c. 
One or more of the conditions of the original permit or approval have not been substantially fulfilled or have been violated.
d. 
The approved use or structure has ceased to exist or has been suspended for a period in excess of 12 months.
e. 
An improvement authorized in compliance with the permit or approval is in violation of any applicable code, law, ordinance, regulation, or statute.
f. 
The improvement/use allowed by the permit or approval has become detrimental to the public health, safety, or welfare or the manner of operation constitutes or is creating a nuisance.
2. 
Variances. A variance may be revoked by the planning commission, if the planning commission makes any one of the following findings, in addition to any one of the findings specified in subsection (C)(1), above:
a. 
Circumstances under which the original approval was granted have been changed by the grantee to a degree that one or more of the findings contained in the original approval,
b. 
The grantee has not substantially exercised the rights granted by the variance.
c. 
One or more of the conditions of the variance have not been met, or have been violated, and the grantee has not substantially exercised the rights granted by the variance.
3. 
Zoning Clearance. A zoning clearance may be revoked by the planning manager if the planning manager makes any one of the following findings:
a. 
Circumstances under which the permit or approval was granted have been changed by the applicant to an extent that one or more of the findings that justified the original approval can no longer be made, and the public health, safety, and welfare require revocation.
b. 
The permit or other approval was granted, in whole or in part, on the basis of a fraud, misrepresentation, or omission of a material statement in the application, or in the applicant's testimony presented during the public hearing, for the permit or approval.
c. 
The approved use or structure has ceased to exist or has been suspended for a period in excess of 12 months.
d. 
An improvement authorized in compliance with the permit or approval is in violation of any applicable code, law, ordinance, regulation, or statute.
e. 
The improvement/use allowed by the permit or approval has become detrimental to the public health, safety, or welfare or the manner of operation constitutes or is creating a nuisance.
(Ord. 24-0378, 12/9/2024)