This chapter establishes procedures that are common to the application and processing of all permits and approvals provided for in this title, unless superseded by specific requirement of this title or State law.
(Ord. 6171, 2/25/2025)
A.
Who May Apply. The owner of property or the owner's authorized agent. If the application is made by someone other than the owner or the owner's agent, proof, satisfactory to the Community Development Director, of the right to use and possess the property as applied for, shall accompany the application.
B.
Application Forms and Materials.
1.
Application Forms. The Community Development Director shall prepare and issue application forms and lists that specify the information that is required from applicants for projects subject to the provisions of this title.
2.
Supporting Materials. The Community Development Director may require the submission of supporting materials as part of the application, including, but not limited to, statements, photographs, plans, drawings, renderings, models, material samples, reports and other items necessary to describe existing conditions and the proposed project accurately and completely, and to determine the level of environmental review pursuant to the California Environmental Quality Act (CEQA).
3.
Availability of Materials. All material submitted becomes the property of the City, may be distributed to the public, and shall be made available for public inspection. At any time upon reasonable request, and during normal business hours, any person may examine an application and materials submitted in support of or in opposition to an application in the Planning Division offices. Unless prohibited by law, copies of such materials shall be made available at a reasonable cost.
C.
Application Fees. No application shall be accepted as complete and processed without payment of the applicable fee established by resolution of the City Council.
(Ord. 6171, 2/25/2025)
Pre-application review is intended to provide preliminary information on relevant policies, regulations, and procedures, and to identify significant issues relevant to a proposed project.
A.
Applicability.
1.
Mandatory Pre-Application Review. Pre-application review is required for the following projects:
a.
Annexations.
b.
Projects proposed in accordance with the Average Unit-Size Density Incentive Program, pursuant to Section 30.150.060, Pre-Application and Concept Review Required; except objective Housing Development Projects using Title 25 of this code are exempt from mandatory Pre-Application and Concept Review.
c.
General Plan and Zoning Amendments.
d.
Local Coastal Program Amendments.
e.
Specific Plans and Amendments to Specific Plans.
2.
Optional Pre-Application Review. Pre-application review is optional for all other projects.
B.
Review Procedure. The Pre-Application Review Team shall review the project and associated materials and advise the applicant of relevant policies, regulations and procedures, identify significant issues relevant to a proposed project, and document any conclusions and recommendations in a letter to the applicant. Applicants and their representatives shall be entitled to meet with the Pre-Application Review Team in order to discuss the recommendations and any identified issues. The Pre-Application Review Team is authorized to prepare and effect rules and procedures as necessary or convenient to carry on the Team's business.
C.
Pre-Application Review Team Members. Members of the Pre-Application Review Team shall consist of staff from various City Departments and Divisions responsible for reviewing development applications including but not limited to Building and Safety, Planning, Fire Prevention, Parks and Recreation, Creeks, Public Works Engineering, Water Resources, and Transportation.
D.
Recommendations are Advisory. Neither the pre-application review nor the provision of information and pertinent policies shall be construed as a recommendation for approval or denial of the application by City representatives. Any recommendations that result from pre-application review are considered advisory only and shall not be binding on either the applicant or the City.
E.
Expiration. Comments and recommendations from any pre-application review are valid for a period of 12 months from the date of the Pre-Application Review Team letter. If a project is substantially revised, or if applicable policies, regulations, or procedures change that could affect the recommendations or conclusions of the pre-application review, the Team may require a subsequent pre-application review prior to formal application submittal. If, however, there are no substantial changes to either the project or any relevant policies, regulations, and procedures, the Team may allow the submittal of an application for a development project up to a maximum of 24 months after the date of the Pre-Application Review Team letter.
(Ord. 6171, 2/25/2025)
Consistent with the State Housing Crisis Act, an applicant may file a preliminary application as described in Government Code Section 65941.1.
A.
B.
Review Procedure.
1.
If a preliminary application is filed, the preliminary application shall be deemed complete when all of the information listed in the preliminary application form is submitted.
2.
Within 180 calendar days after submitting a complete preliminary application, an applicant shall submit a full application for the project. If a full application is not submitted within 180 calendar days, the preliminary application shall expire and have no further force or effect.
3.
Qualifying projects for which a preliminary application was submitted shall only be subject to the ordinances, policies, fees and standards adopted and in effect when the preliminary application was submitted, except in the circumstances described in Government Code Section 65589.5(o).
Concept review provides an opportunity for early input from the applicable Design Review Body, Planning Commission, or Staff Hearing Officer to staff and applicants. It is an informal review where general information, questions, comments, and suggestions for further study may be made. Comments made at the Concept Review level are not binding for future review. Concept Design Review is generally the first step in the Design Review process. The types of projects that may benefit most from other types of Concept Review tend to involve new or difficult issues, or large development projects.
A.
Applicability.
1.
Mandatory Concept Review. Concept review is required for the following projects:
a.
Planned Unit Development (PUD) Overlay Zone.
b.
Projects proposed in accordance with the Average Unit-Size Density Incentive Program, pursuant to Section 30.150.060, Pre-Application and Concept Review Required; except Objective Housing Development Projects using Title 25 of this code are exempt from mandatory Pre-Application and Concept Review.
2.
Optional Concept Review. Concept Review is optional for all other projects.
B.
Review Procedure.
1.
Concept Design Review. An applicant may request one or more Concept Design Review hearings to consult with the applicable Design Review body for guidance on the design of a proposed project.
a.
Concept Design Review Comments Forwarded to Review Authority. If a project requires a discretionary land use approval in addition to Design Review, comments made during Concept Design Review will be part of the minutes forwarded to the Staff Hearing Officer, the Planning Commission, or the City Council (as applicable) to promote effective and appropriate communication between City decision-makers.
2.
All Other Concept Reviews. The Planning Commission or Staff Hearing Officer shall review the project and associated materials and advise the applicant of project-related issues and concerns.
C.
Application Requirements. Applications for Concept Review shall be filed with the Community Development Director in accordance with the provisions set forth in Section 30.205.020, Application Forms and Fees. A conceptual plan shall be submitted showing generalized development proposals including, as applicable, lot sizes and open spaces proposed, proposed reductions or waivers, existing easements, existing neighborhood development, and any other information which may be reasonably required by the Community Development Director to aid and assist the Review Authority in an initial consideration.
D.
Public Notice and Hearing. Applications for Concept Review shall require public notice and hearing pursuant to Section 30.205.070, Public Notice, and Section 30.205.080, Conduct of Public Hearings when the project is subject to public notice and hearing under the terms of this code.
E.
Recommendations are Advisory. No formal action shall be taken by the Review Authority regarding the conceptual proposal and, therefore, comments may not be appealed. Any recommendations that result from Concept Review shall be considered advisory only and shall not be binding on either the applicant or the City.
F.
Expiration. Comments and recommendations from any Concept Review are valid for a period of 12 months from the date of the public hearing, subject to the same limitations and circumstances as described in Pre-Application Review, Section 30.205.030, above.
(Ord. 6171, 2/25/2025)
A.
Review Process. The Community Development Director shall determine whether a discretionary application is complete within 30 days of the date the application is filed with the required fee, pursuant to Government Code Section 65943.
B.
Concurrent Processing. With the exception of General Plan and Zoning Amendments, Local Coastal Program Amendments, Development Agreements, and Specific Plans, if an application requires more than one discretionary land use approval under this title, all applications shall be submitted, reviewed, heard, and acted upon concurrently by the highest applicable Review Authority.
C.
Incomplete Application. If a discretionary application is incomplete, the Community Development Director shall provide written notification to the applicant listing the applications for permits, forms, material, information or additional fees that are necessary to complete the application.
1.
Discovery of Potential Unlawful Conditions. If the City discovers unpermitted or unauthorized site development, uses, or structures during application review, the City will notify the applicant of the alleged violation.
a.
Voluntary Compliance. If the applicant and the City agree on the nature and extent of the violation and the proposed correction, the violation will be corrected using one of the following methods as determined by the applicant:
b.
Referral to Enforcement. If the applicant and the City do not agree on the nature and extent of the violation or the proposed correction, or if the violation is not corrected as provided in Subsection C.1.a, the violation will be subject to formal enforcement action.
c.
A discretionary application may be determined complete without a requirement for abatement of the violation; provided, however, that any approvals shall not constitute authorization for continuation of the violation, or waiver of, or estoppel against any future enforcement action.
2.
Appeal of Determination. Determinations of discretionary application incompleteness are subject to the provisions of Section 30.205.150, Appeals.
3.
Submittal of Additional Information. The applicant shall provide the additional information within 30 days or as specified by the Community Development Director. The Community Development Director may, for good cause, grant extensions of any time limit for review of applications imposed by this title.
a.
If an applicant receives written notification that the application is incomplete, and a preliminary application per Section 30.205.035, Preliminary Housing Application, was submitted for a qualifying housing project, the applicant shall submit the information needed to complete the application within 90 calendar days of receiving the written notification of incompleteness. If the applicant does not submit this information within this timeframe, the preliminary application shall expire and have no further force or effect.
4.
Expiration of Application. If an applicant fails to correct the specified application deficiencies within the specified time limit, the application shall expire and be deemed withdrawn. After the expiration of an application, project review shall require the submittal of a new, complete application, along with all required fees.
D.
Complete Application. When a discretionary application is determined to be complete, the Community Development Director shall make a record of that date. The Director may require submittal of additional information for review of the project in compliance with the California Environmental Quality Act (CEQA).
E.
Review and Consideration.
1.
Review Authority. Once a discretionary application is determined to be complete, and environmental review is completed, the application shall be considered and acted upon by the Review Authority as outlined in this chapter.
2.
Findings. Findings, when required by State law or this title, shall be based upon consideration of the application, plans, testimony, reports, and other materials that constitute the administrative record and shall be stated in writing in the Record of Decision. The inability to make one or more of the required findings supported by substantial evidence in the record is grounds for denial of an application.
3.
Approval of Development at a Lower Density.
a.
Required Findings. Pursuant to California Government Code Section 65863 (No Net Loss Law), prior to approving any project at a lower residential density than what was assumed in the sites inventory of the General Plan Housing Element, the Review Authority, at the time of approval, must make the following written findings, supported by substantial evidence in the record:
i.
Remaining sites identified in the Housing Element are adequate to meet the City's remaining regional housing need allocation (RHNA) for the planning period by income category; and
ii.
The findings should include a quantification of the remaining unmet need for the City's RHNA at each income level and the remaining capacity of sites identified in the Housing Element, to accommodate that need by income level.
b.
Maintaining Housing Capacity. If the approval of a project at a lower residential density will result in the remaining sites capacity becoming inadequate to accommodate the RHNA by income category, the City shall identify additional adequate sites to accommodate the remaining RHNA.
4.
Denial of an Objective Housing Development Project. If a qualifying Objective Housing Development Project, as described in Government Code Section 65589.5(h)(2), complies with all applicable objective General Plan, zoning, and subdivision standards and criteria, including the Objective Design Standards and Development Standards (ODDS) in Title 25 of this code, the Review Authority may only deny the project or conditionally approve the project at a lower density if the Review Authority makes written finding supported by a preponderance of the evidence in the record that:
a.
The housing development would have a specific, adverse impact upon the public health or safety unless the housing development is denied or conditionally approved at a lower density. A "specific, adverse impact" means a "significant, quantifiable, direct, and unavoidable impact, based on identified written public health or safety standards, policies, or conditions as they existed on the date that the project was deemed complete;" and
b.
There is no feasible method to satisfactorily mitigate or avoid the adverse impact other than the denial of the housing development or conditional approval of the housing development at a lower density.
5.
Denial of an Affordable Housing Project. See Section 30.145.050, Denial of Affordable Housing or Emergency Shelters.
(Ord. 6067, 2022; Ord. 6171, 2/25/2025)
All projects must be reviewed for compliance with the California Environmental Quality Act (CEQA). Environmental review will be conducted pursuant to Title 14 of the California Code of Regulations (CEQA Guidelines), and Chapter 22.100 Environmental Review of this code. If Title 14 of the California Code is amended, such amendments will govern City procedures.
(Ord. 6171, 2/25/2025)
Unless otherwise specified, whenever the provisions of this title require public notice, the City shall provide notice in compliance with State law and the following.
A.
Mailed Notice. At least 10 calendar days before the date of the public hearing or the date of action when no public hearing is required, the Community Development Director, or the City Clerk for hearings before the City Council, shall provide notice by First Class mail delivery to:
1.
The applicant and the owner of the subject property;
2.
All property owners of record within a minimum 300-foot radius of the subject property as shown on the latest available records of the County Assessor; and
3.
Any person or group who has filed a written request for notice regarding the specific application.
4.
Alternative Method for Large Mailings. If the number of owners to whom notice would be mailed or delivered is greater than 1,000, instead of mailed notice, the Community Development Director or City Clerk may provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation in the City at least 10 calendar days prior to the hearing.
B.
Newspaper Notice. At least 10 calendar days before the date of the public hearing or the date of action when no public hearing is required, the Community Development Director, or the City Clerk for hearings before the City Council, shall publish a notice in at least one newspaper of general circulation in the City; except as indicated for Design Review hearings in Subsection C, below.
C.
Noticing for Design Review Hearings. If a notice is required for a Design Review hearing under the terms of this code, a mailed notice shall be provided at the first Design Review hearing and if a subsequent hearing is scheduled for Project Design Approval; however, nothing in this section shall require more than two mailed notices of any Design Review project or notice of any hearing to be published in a newspaper.
D.
Additional Noticing Methods. The City may also require public notice in any other manner it deems necessary or desirable, including, but not limited to, posted notice on the project site.
E.
Contents of Notice. The required Mailed Notice and Newspaper Notice shall include the following information:
1.
Process Information.
a.
The date, time and place of the hearing and the name of the Review Authority, or the date of action when no public hearing is required; and
b.
A brief description of the City's general procedure concerning the submission of public comments and conduct of hearings and decisions (e.g., the public's right to appear and be heard).
2.
Project Information.
a.
The name of the applicant and owner of the subject property;
b.
The City's file number(s) assigned to the application;
c.
A general explanation of the matter to be considered;
d.
A general description, in text or by diagram, of the location of the property that is the subject of the hearing; and
e.
A statement, if applicable, that the project is located within the City's Coastal Zone, the date of filing of the application, and whether the project is appealable to the Coastal Commission under Public Resources Code 30603(a).
F.
Failure to Receive Notification. The validity of the proceedings shall not be affected by the failure of any property owner, resident, or neighborhood or community organization to receive a mailed notice or receive notice by any additional noticing methods.
(Ord. 6171, 2/25/2025)
Whenever the provisions of this title require a public hearing, the hearing shall be conducted in compliance with the requirements of State law as follows.
A.
Generally. Hearings shall be conducted pursuant to procedures adopted by the hearing body. They do not have to be conducted according to technical rules relating to evidence and witnesses.
B.
Scheduling. Hearings before the City Council shall be scheduled by the City Clerk. All other hearings required under this title shall be scheduled by the Community Development Director.
C.
Staff Presentation. The Director may prepare a presentation and staff report regarding the proposed project.
D.
Applicant Presentation. An applicant or an applicant's representative may make a presentation of a proposed project.
E.
Public Hearing Testimony. Any person may appear at a public hearing and submit oral or written comments, either individually or as a representative of a person or an organization.
F.
Time Limits. The Review Authority may establish time limits for individual testimony and request that individuals with shared concerns select one or more spokespersons to present testimony on behalf of those individuals.
G.
Continuance of Public Hearing. The Review Authority conducting the public hearing may, by motion, continue the public hearing to a fixed date, time and place without additional notice; or the body conducting the public hearing may continue the item to an undetermined date and provide notice of the continued hearing in the same manner and within the same time limits as required for the original hearing.
H.
Additional Information. The Review Authority conducting the public hearing may require additional information or cause such investigations to be made as it deems necessary and in the public interest in any matter to be heard by it.
I.
Decision. The public hearing must be closed before a vote is taken.
J.
Limit to Public Hearings for Objective Housing Development Projects. This section shall remain in effect for the same period as provisions contained in the Government Code Section 65905.5. If a proposed Objective Housing Development Project complies with the applicable, objective standards in effect at the time an application is deemed complete, the City shall not conduct more than five public hearings (including continuances and appeals), workshops, or similar meetings in connection with the approval of the housing development after the full application is deemed complete, consistent with Government Code Section 65905.5. Meetings required by the California Environmental Quality Act (CEQA) are exempt from the limit.
(Ord. 6171, 2/25/2025)
When making a decision to approve, approve with conditions, revise, revoke or deny any discretionary permit or approval under this title, the Review Authority shall issue a written Record of Decision and make findings of fact as required by this title. The Record may take the form of a resolution, letter, notice, memo, meeting minutes or similar document, and shall describe the action taken, including any applicable conditions, and shall list the findings that were the basis for the decision. The Community Development Director or the City Clerk shall retain the original Record and provide a copy of the Record to the applicant.
A.
Timing of Final Decisions. Final City decisions on project applications shall be in accordance with applicable State laws, including Section 65920 et seq. (Permit Streamlining Act), Section 65950 et seq. (Approval of Development Permits), and Section 66410 et seq. (Subdivision Map Act), of the California Government Code, and this chapter.
B.
Notice of Final Action, Coastal Development Permits. Within seven calendar days of a final City decision on an application for a coastal development permit, the Community Development Director shall provide notice of the action in writing by first class mail to the California Coastal Commission and to any persons who specifically requested such notice and provided a self-addressed, stamped envelope. Such notice shall include conditions of approval, written findings and the procedures for appeal of the City decision to the California Coastal Commission.
(Ord. 6171, 2/25/2025)
A.
Multiple Approvals. If there are multiple conflicting approvals granted under this title for the same site or location, only one shall be exercised.
B.
Conditions of Approval. Any permit or approval provided for in this title shall be subject to the conditions of approval imposed by the Review Authority. The site plan, floor plans, building elevations and any additional information or representations indicating the proposed structures, site development or manner of operation submitted with an application or submitted during the approval process shall be deemed conditions of approval.
C.
Actions Subject to Enforcement. If the construction of a structure, or the use established, is contrary to either the conditions of approval or approved project description and plans, so as to either violate any provision of this title, or require additional permits or approvals, then the permit or approval shall be suspended and subject to possible revocation pursuant to Section 30.205.140, Revocation of Permits and Approvals, and enforcement pursuant to Section 30.205.160, Enforcement and Penalty.
D.
Periodic Review. All approvals may be subject to periodic review to determine compliance with the permit and applicable conditions. If a condition specifies that activities or uses allowed under the permit or approval are subject to periodic reporting, monitoring or assessments, it shall be the responsibility of the approval holder, the property owner, or successor property owners to comply with such conditions.
(Ord. 6171, 2/25/2025)
A.
Approval Date. The approval date is the date of final decision by the Review Authority, or if a project is appealed, the approval date is the date of decision by the final Appeal Body, regardless of when any associated resolution is adopted.
B.
Effective Date. A final decision on an application for any discretionary or administrative permit or approval subject to appeal shall become effective after the expiration of any applicable appeal period following the approval date, unless an appeal is filed. No building permit or business license shall be issued until the permit or approval becomes effective.
C.
Ministerial Decisions. Ministerial decisions with no appeal process shall be effective immediately upon being stamped and signed by the Community Development Director.
(Ord. 6171, 2/25/2025)
Permits and approvals granted under this title shall automatically expire and become null and void if the approval is not exercised pursuant to Subsection A, Exercising a Permit or Approval, or the approved use, structure, or site development is not continued pursuant to Subsection B, Continuation of Use, Structure, or Site Development.
A.
Exercising a Permit or Approval.
1.
Exercised Defined. A permit or approval is exercised when:
a.
A valid City building permit has been issued for work related to the approval and construction work has begun and been carried on diligently without substantial suspension or abandonment of work; or
b.
If an approval does not require a permit for construction, alterations, or to establish a use, the approval shall be considered exercised when operations of the use authorized by the approval have commenced.
2.
Time Period to Exercise a Permit or Approval. A permit or approval granted under this title shall be exercised within its initial approval period unless a time extension is granted pursuant to paragraph 3, Extensions, of this subsection, or as provided below.
a.
Initial Approval Period.
i.
Development Plans, Transfer of Existing Development Rights Permits, and Conditional Use Permits for Overlay Zones. Four years from the approval date.
ii.
Other Discretionary Permits or Approvals. Three years from the approval date unless a different time is specified in the Record of Decision.
iii.
Zoning Clearance, Ministerial Decisions, Administrative Permits or Approvals. 12 months, or the effective date of applicable ordinance changes, whichever is sooner.
b.
Multiple Land Use Approvals. If a project requires multiple discretionary permits or approvals pursuant to any title of the Santa Barbara Municipal Code, the expiration date shall be measured from date of the final action of the City on the longest discretionary permit or approval related to the application, unless otherwise specified by State or Federal law, with the following exceptions:
i.
Design review approval shall be measured from the date of the Project Design Approval;
ii.
Design review approval shall not operate to extend any other discretionary permit or approval;
iii.
Discretionary land use permits or approvals and any time extensions granted shall automatically extend design review approvals to the same date; and
iv.
The recordation of a Parcel Map or Final Map does not extend any other discretionary permit or approval or design review approval.
Approval periods run concurrently with, not consecutively to, each discretionary approval term.
c.
Exclusions of Time.
i.
Moratorium or Litigation. The periods of time specified in this section shall not include any period of time during which either a development moratorium imposed by the City after the project received a permit or approval, is or was in effect; or a lawsuit involving the permit or approval for the project is or was pending in a court of competent jurisdiction. For this exclusion to operate, the moratorium must apply to an element of the project that received the permit or approval. The maximum length of any exclusion of time under this subsection shall be five years.
(1)
Moratorium. Once a moratorium is terminated, the permit or approval shall be valid for the same period of time as was left to run on the permit or approval at the time that the moratorium was imposed or 120 days from the termination of the moratorium, whichever is later.
(2)
Litigation.
(a)
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.
(b)
Once the litigation ends, the permit or approval shall be valid for the same period of time as was left to run on the permit or approval at the time that the lawsuit was filed.
ii.
Tentative Maps. If the project requires the approval of a tentative subdivision pursuant to Title 27 of the Santa Barbara Municipal Code, the periods of time specified in this section shall not include a period of time during which a lawsuit involving the approval of the tentative map is or was pending in a court of competent jurisdiction for which a stay was approved by the Reviewing Authority that approved the tentative subdivision map.
d.
Approvals Contingent Upon Action of Other Governmental Bodies. When a discretionary approval by the City made pursuant to this title is contingent upon an action by another governmental body, including, but not limited to, the approval of an annexation by the Local Agency Formation Commission or any action by the California Coastal Commission, the timeline for all discretionary approvals related to the project shall not commence until all such outside agency contingencies are satisfied.
i.
The suspension of project timelines allowed in this subsection shall not exceed three years from the date of the final City action on the discretionary approval that is contingent upon the action of another governmental body.
ii.
This suspension shall not run consecutively to a moratorium or litigation exclusion unless the moratorium or litigation legally prevented the applicant from processing the application before the other governmental body.
3.
Extensions. Extensions of time may be granted by the Community Development Director upon finding that the applicant is demonstrating due diligence to implement and complete the proposed development as substantiated by competent evidence in the record, and that the project continues to be consistent with this title, the certified Local Coastal Program, the Coastal Act, or applicable City ordinances, resolutions and other laws.
a.
Projects Not Involving a Tentative Subdivision Map or Lot Line Adjustment. The Community Development Director may approve up to two one-year, or one two-year, extensions of any permit or approval granted under this title, except for Development Plans, which may receive only one one-year extension, upon receipt of a written application with the required fee prior to the date of expiration of the approval. Under no circumstances shall the time for exercise of the permit or approval of development be more than five years after the approval date of the approval, unless otherwise allowed by State law or if approvals are contingent upon other governmental bodies, pursuant to subparagraph 30.205.120.A.1.d, Approvals Contingent Upon Action of Other Governmental Bodies.
b.
Projects Involving a Tentative Subdivision Map or Lot Line Adjustment. When the permit or approval granted under this title also includes approval of a Tentative Subdivision Map or Lot Line Adjustment, the Staff Hearing Officer is the Review Authority and may approve the requested extension in accordance with the applicable provision(s) of Title 27.
B.
Continuation of Use, Structure, or Site Development. A use, structure, or site development authorized by the permit or approval is considered continued unless the structure or site development are demolished or substantially redeveloped pursuant to Section 30.140.200, Substantial Redevelopment, or the uses authorized by the approval are discontinued pursuant to Section 30.140.080, Discontinuation of Use.
(Ord. 5908, 2019; Ord. 6171, 2/25/2025)
No change to any structure, site development, or use for which a permit or approval has been issued or granted under this title is permitted unless the permit or approval is revised as provided for in this title.
A.
Substantial Conformance. The Community Development Director may approve minor changes to approved projects that are found to be in substantial conformance with the original project description, findings and conditions; provided that, the minor changes would not increase the intensity of any aspect of the project that could have a potentially detrimental effect. Substantial Conformance Determinations shall be documented by the Director with a Record of Decision and the Director may request input from applicable City Departments or the original Review Authority for help in determining whether the request is consistent with the original approval pursuant to administrative procedures adopted by a resolution of the City Council.
B.
Amendments. A request for a change to a condition of approval; or a change in an approved structure, site development, or use that would affect the original project description, findings, or a condition of approval beyond what the Director finds to be in Substantial Conformance; shall require approval by the original Review Authority and shall be processed in the same manner as the original approval.
(Ord. 6171, 2/25/2025)
Any permit or approval granted under this title may be revoked or revised for cause if any of the conditions or terms of the permit or approval are violated or if any applicable law or ordinance is violated.
A.
Initiation of Proceeding. Revocation proceedings may be initiated by the Community Development Director, Chief of Police, or City Administrator.
B.
Public Notice, Hearings, and Action. A decision to revoke or revise a permit or approval shall require public notice and hearing before the Planning Commission pursuant to Chapter 30.205, Common Procedures.
C.
Required Findings. The Planning Commission may revoke or revise a permit or approval if it makes any of the following findings:
1.
The approval was obtained by means of fraud or misrepresentation of a material fact by the applicant;
2.
The use, building, or structure has been substantially altered or expanded beyond what is set forth in the permit or approval or substantially changed in character in a manner that violates the terms of the permit or approval;
3.
There is or has been a documented violation of, or failure to observe the terms or conditions of, the permit or approval, or the use has been conducted in violation of the provisions of this title, or any applicable law or regulation; or
4.
The use to which the permit or approval applies has been conducted in a manner detrimental to the public safety, health or welfare, or so as to be a nuisance.
(Ord. 6027 § 6, 2021; Ord. 6171, 2/25/2025)
A.
Applicability.
1.
Appeals of Community Development Director, City Administrator, and Chief of Police Decisions. Any decision or determination of the Community Development Director, City Administrator, and Chief of Police that is subject to appeal under the terms of this title may be appealed to the Planning Commission.
2.
Appeals of Staff Hearing Officer Decisions. Decisions of the Staff Hearing Officer may be appealed to the Planning Commission or the Community Development Director in accordance with this section.
a.
Appeals of Staff Hearing Officer Decisions on Accessory Dwelling Units. The decision of the Staff Hearing Officer concerning an application for a Coastal Development Permit for an Accessory Dwelling Unit shall constitute the final action of the City. Development located in the Appealable Jurisdiction of the Coastal Zone may be appealed to the Coastal Commission in accordance with Section 30.205.150, Appeals.
b.
Appeals of all Other Staff Hearing Officer Decisions. Appeals of all other Staff Hearing Officer decisions shall be heard by the Planning Commission.
c.
Planning Commission Suspensions. The Chairperson, Vice Chairperson or designated liaison of the Planning Commission may suspend a decision of the Staff Hearing Officer (except Time Extensions) within the 10-day appeal period. The suspension shall be processed in the same manner as an appeal. Such action shall not require any statement of reasons and shall not represent opposition to or support of an application.
3.
Appeals of Planning Commission and Design Review Decisions. Decisions of the Planning Commission and Design Review may be appealed to the City Council in accordance with Chapter 1.30 and Chapter 30.220, Design Review, except as provided below. In addition to the procedures specified in Chapter 1.30 of the Santa Barbara Municipal Code, public notice shall be provided in the same manner required for the action that was the subject of the appeal.
a.
Single-Family Design Board. Appeals of Single-Family Design Board decisions shall be heard by the Planning Commission, and the decision of the Planning Commission shall be final, subject only to judicial review as provided in Section 1.30.020 of this Code. The Planning Commission's decision on the appeal shall be based upon findings required by Chapter 30.220, Design Review, and the applicable design guidelines.
4.
Coastal Development Permits. Actions on some Coastal Development Permits may also be appealed to the California Coastal Commission pursuant to Subsection C, Appeals to the Coastal Commission, below.
5.
Ministerial Actions. Ministerial actions of the Community Development Director granting or denying a zoning clearance, home occupation permit, or any other ministerial action pursuant to this code are final and not subject to appeal, unless otherwise stated.
B.
Appeal Process.
1.
Rights of Appeal. Only those persons who participated either orally or in writing on a project have standing to appeal the decision. Grounds for appeal are limited to those issues raised either orally or in written correspondence delivered to the review body at, or prior to, the public hearing.
2.
Time Limits. Unless otherwise specified in State or Federal law, all appeals shall be filed in writing within 10 calendar days of the date on which a written decision is issued by the decision maker. In computing the length of an appeal period, the day on which the decision was issued is excluded and the 10th calendar day of the appeal period is included. If the 10th calendar day of the appeal period falls on a day the City is closed, the appeal period shall end at the close of business on the next business day of the City.
3.
Procedures.
a.
Proceedings Stayed by Appeal. The timely filing of an appeal stays all proceedings in the matter appealed including the issuance of demolition permits and City building permits, with the following exception:
i.
Appeals of Planning Commission Decisions. When a project is subject to both Planning Commission and Design Review approval and the Planning Commission's decision on the project is appealed to the City Council, the Director may, at the request of the applicant, allow the project to continue through the design review process to an appealable decision, so that the City Council may consider the appeal of the Planning Commission decision and the appeal of the Design Review body decision simultaneously.
b.
Filing of Appeals. A written appeal must be filed at the appropriate location no later than 4:30 p.m. on the appeal due date. The appeal must be accompanied by payment of the required fee established by City Council resolution in order to be duly filed and must state specifically how the decision is not in accord with the provisions of this title or how there was an error or abuse of discretion.
c.
Public Notice. Notice of the appeal hearing must be provided in the same manner required for the action that was the subject of the appeal.
d.
Action. The Appeal Body shall conduct a public hearing, if a public hearing was required for the action that was the subject of the appeal, after which it may affirm, reverse, or modify the previous decision.
C.
Appeals to the Coastal Commission. A final action taken by the City on a Coastal Development Permit application for development in the appealable area may be appealed to the California Coastal Commission pursuant to Public Resources Code Section 30603 and Title 14 Sections 13110 through 13120 of the California Code of Regulations.
1.
Exhaustion of City Appeals Required. Except in circumstances identified in Title 14 Section 13573 of the California Code of Regulations, an applicant or other aggrieved person may appeal a City decision on a Coastal Development Permit application to the Coastal Commission only after exhausting all local appeals to the Planning Commission and Council in compliance with this section.
(Ord. 6027 § 7, 2021; Ord. 6171, 2/25/2025)
A.
Purpose. This section establishes the responsibilities of various departments, officials and public employees of the City to enforce the requirements of this title and establishes uniform procedures the City will use to identify, abate, remove, and enjoin uses, buildings, or structures that are deemed to be in violation of this title.
B.
Duties. All departments, officials, and public employees of the City who are vested with the duty or authority to issue permits or licenses shall conform to the provisions of this title, and shall issue no permit or license, except licenses issued for revenue purposes only, for uses, buildings, structures, or purposes in conflict with the provisions of this title, and any such permit or license issued in conflict with the provisions of this title shall be null and void.
1.
Community Development Director.
a.
It shall be the duty of the Community Development Director, with respect to new development and uses, to enforce this title by withholding, suspending, or revoking permits, approvals, Final Inspections, or Certificates of Occupancy where plan checks or field inspections reveal that completion of the project will result in a violation of this title.
b.
When a record of a prior permit or approval does not exist, the Community Development Director may make a determination of when a site development, use, or structure was originally established or constructed and then apply the codes and other specified rules and regulations in effect when the structure was determined to be constructed for purposes of issuing a permit or approval. The determination will be made on a case-by-case basis when so doing would be consistent with the purposes of this title, and in consultation with the Building Official to approve an alternative material or method, if the design is satisfactory and equivalent to the Building Code.
c.
A Certificate of Occupancy shall not be issued, or a Final Inspection shall not be approved, on any City permit until all work required by the permit and all other conditions imposed by any board, commission or other authority have been completed or satisfactorily met by bonding or other appropriate method.
d.
With respect to existing development and uses, and all other sources of violations, it shall be the duty of the Community Development Director to enforce this title. It is the policy of the Community Development Department to work in cooperation with a property owner to obtain voluntary compliance unless immediate enforcement action is required because of an imminent threat to health or safety caused by the violation. An enforcement priority for the Community Development Department is to educate and to work in partnership with property owners and businesses, and to allow the level of enforcement that best fits the type and circumstances of the code violation.
2.
City Attorney. The provisions of this title shall be interpreted by the City Attorney.
C.
Enforcement.
1.
Any structure erected or maintained or any use of property contrary to the provisions of this title shall be, and the same is hereby declared to be, unlawful and a public nuisance and the City Attorney shall have the authority to commence actions and proceedings for the abatement, removal or enjoinment thereof in the manner provided by law and by Santa Barbara Municipal Code Chapter 1.25, Administrative Code Enforcement Procedures; and shall have the authority to take such other steps and shall apply to any court as may have jurisdiction to grant such reliefs as will abate or remove such building, structure or use and restrain and enjoin any person, firm or corporation from erecting or maintaining such structure or using any property contrary to the provisions of this title.
2.
This title may also be enforced by injunction issued out of the Superior Court upon the suit of the City or the owner or occupant of any real property affected by such violation or prospective violation. This method of enforcement shall be cumulative and in no way affect the penal provisions hereof.
D.
Penalty. Any person, firm or corporation, whether as owner, principal, agent, employee or otherwise, violating any provision of this title shall be deemed guilty of a misdemeanor but may be cited or charged, at the election of the enforcing officer or City Attorney, as an infraction. Upon conviction, such person shall be punished as set forth in Chapter 1.28, Penalty, of the Santa Barbara Municipal Code. Each day that violation of this title continues shall be considered a separate offense.
E.
Indemnification. As a condition of approval of a permit or entitlement issued under this title, the applicant shall agree to indemnify, defend, and hold harmless the City or its agents, officers and employees from any claim, action, or proceeding (including damage, attorney fees, and court cost awards) against the City or its agents, officers, or employees to attack, set aside, void, or annul an approval of the City, advisory agency, appeal board, or legislative body concerning the permit or entitlement when such action is brought within the applicable statute of limitations. The City may require that the applicant post a bond or other security in an amount determined to be sufficient to satisfy the above indemnification and defense obligation.
(Ord. 6067, 2022; Ord. 6171, 2/25/2025)