Applications Subject to More Than One Review Authority. When two or more applications are submitted that relate to the same development project and the individual applications are under the separate jurisdiction of more than one Review Authority in compliance with Table 17.50.020, Review Authority, all applications for the project shall be under the jurisdiction of the Review Authority with the highest jurisdiction in compliance with the following descending order:

City Review Authorities. The table below identifies the Review Authority responsible for reviewing and making decisions on each type of application required by this Title.

Consider and initiate, adopt, reject, or modify amendments to the General Plan, amendments to Zoning Regulations or Maps, amendments to the Local Coastal Program, and Specific Plans.

Make decisions on Development Agreements, including approval, termination, and/or modification.

Act as the final local Review Authority on appeals of a decision made by the Planning Commission or Zoning Administrator.

Establish fee schedules by resolution that list planning application fees, impact fees and development mitigation fees, charges, and deposits for various applications, services, and required payments pursuant to this Title.

Adopt guidelines for design review pursuant to Title 2 of the Goleta Municipal Code.

Take other actions necessary for implementation of the General Plan and this Title.

Make environmental determinations pursuant to CEQA on any projects under its purview.

Act as the Review Authority for all zoning permits, except Zoning Clearances, and all discretionary approvals required by this Title for City projects, including Capital Improvement Program projects.

Acts as the Review Authority to designate eligible properties as Historic Landmarks, Historic Districts, and Points of Historical Interest within the City. Also acts as the Review Authority for rescission of or amendment to a historic designation.

Acts as Review Authority to grant Mills Act Contracts.

Review and provide recommendations on amendments to the General Plan, Zoning Ordinance, Zoning Map, and Local Coastal Program.

Hold public meetings and public hearings to receive and consider public comments, and review and approve, conditionally approve, or deny Major Conditional Use Permits, certain Development Plans, and other discretionary reviews.

Make environmental determinations pursuant to CEQA on any projects under its purview.

Hold public hearing and decide appeals of a decision made by the Design Review Board or Director in accordance with the provisions of this Title.

Hold public hearings and make recommendations to the City Council on Development Agreements and Specific Plans.

Hold public hearings and decide on Development Plan Amendments when referred to the Planning Commission by the Director.

Perform other duties as may be necessary under this Title to implement the General Plan as directed by the City Council.

Act on requests for Variances and Modifications when not associated with a discretionary permit under a higher Review Authority’s purview.

Review, approve, conditionally approve, or deny applications for Minor Conditional Use Permits, certain Development Plans, and requests for Reasonable Accommodation that accompany another Zoning Permit application.

Make environmental determinations pursuant to CEQA on any projects under its purview.

Duties and Authorities. The Director has the following duties and powers under this Title:

Conduct Design Review of proposed development, pursuant to Chapter 17.58, Design Review, for which Review Authority is assigned to the Design Review Board.

Upon request by the Director, Planning Commission, or the City Council, make recommendations on design policies and guidelines.

Conduct conceptual Design Review for proposed development and make recommendations on projects that are under the Review Authority of a higher decision-maker.

Act as the Review Authority to grant Design Review to Historic Resources upon recommendation of the Historic Preservation Commission.

The Historic Preservation Commission has the following powers and duties under this Title in addition to the responsibilities established in Title 2 of the Goleta Municipal Code. The Historic Preservation Commission shall be an advisory board to the City Council, Planning Commission, Design Review Board, City Manager, and all City departments on all matters related to historic preservation. The Historic Preservation Commission shall have the power and it shall be its duty to perform the following acts:

Coastal Development Permit within the Appeals Jurisdiction (CDH). See Chapter 17.61.

Conditional Use Permit (CUP), includes “Major” and “Minor.” See Chapter 17.57.

Design Review (DR). See Chapter 17.58.

Development Plan (DP). See Chapter 17.59.

General Plan Amendment (GPA). See Chapter 17.67.

Modification (MOD). See Chapter 17.62.

Zoning Ordinance Amendment (ORD), including Text and Zoning Maps. See Chapter 17.66.

Overall Sign Plan (OSP). See Section 17.40.090.

Revisions (REV). See Section 17.52.100.

Specific Plan (SP). See Chapter 17.68.

Time Extension (TEX). See Section 17.52.090(D).

Variance (VAR). See Chapter 17.60.

Coastal Development Permits (CDP). See Chapter 17.61.

Emergency Permits (EMP). See Chapter 17.64.

Land Use Permits (LUP). See Chapter 17.55.

Temporary Use Permits (TUP). See Chapter 17.56.

Zoning Clearance (ZC). See Chapter 17.54.

Amendments (AMD). See Section 17.52.100.

Zoning Code Determination (DET). See Section 17.01.040(D).

Substantial Conformity Determination (SCD). See Section 17.52.100.

Time Extensions (TEX). See Section 17.52.090(D).

Applicant. The following persons may file applications:

Application Forms. Each application for a permit, amendment, or other matter pertaining to this Title must be filed with the Director on a City application form, together with required fees and/or deposits, and all other information and materials as identified in the specific type of application. Submittal requirements may be increased or waived on a project-specific basis as determined necessary or appropriate by the Director.

Supporting Materials. It is the responsibility of the applicant to provide all necessary information, plans, or other documentation in order to establish evidence in support of the findings required by the applicable permit, amendment, or other matter pertaining to this Title. A project shall not be approved without the Review Authority having all of the required or requested information needed to make all of the findings for approval.

Case Processing. No application will be processed pursuant to this chapter before:

Determination of Incompleteness or Completeness. A determination of whether an application is complete or incomplete will be made within 30 days of the date the application is received.

Inactive Case Closure. Once a case is closed due to inactivity, a new application shall be required to process the proposed project. Closure of a case in these instances shall not be construed as denial of the application. Inactive cases shall be closed in accordance to the following:

Right of Entry and Inspection. Every applicant seeking a Zoning Permit or any other action in compliance with this Title shall allow City staff involved in the review of the application access to any premises or property that is the subject of the application at all reasonable times.

Applicability. Public notice is required for the following types of permits, actions, and hearings:

Notification Requirements. At a minimum, public notice must be provided in the following manner:

Receipt of Public Notice. The failure of any person or entity to receive public notice that was provided pursuant to this section, or as provided by Government Code Sections 65090 to 65096, does not invalidate the actions of the Review Authority.

Held at Noticed Time and Place. A public hearing must be held at the date, time, and place for which notice was given;

Public Hearing Testimony. Any person may appear at a public hearing and submit oral or written evidence, either individually or as a representative of a person or an organization. Each person who appears at a public hearing representing an organization must identify the organization being represented and, if appearing on behalf of a person or organization, state the name and mailing address of the person or organization being represented. The presiding officer may establish time limits for individual testimony;

Continuance of a Noticed Public Hearing. The Review Authority may continue the public hearing to a fixed date, time, and place without additional noticing required. If an announcement of a continued date, time, and place is not given, notice of further hearings must be provided in compliance with this chapter; and

Action. The Review Authority action to approve, modify, revoke, or deny any discretionary decision must occur following the close of the public hearing.

Required Findings. In addition to any other findings required pursuant to this Title, where this section is specifically referenced, the Review Authority must make all of the following findings:

Effective Date. The final decision on an application for proposed development becomes effective after the expiration of the 10-day appeal period following the approval date, unless an appeal is filed, except for Emergency Permits and Zoning Clearances. Emergency Permits and Zoning Clearances become effective on the date of issuance.

Issuance Date. A Zoning Permit under this Title is issued after the effective date and when all applicable Prior to Issuance conditions of approval have been met.

Expiration. Except for legislative actions, every approval by a Review Authority is subject to expiration. The following expiration terms apply:

Time Extensions. The original Review Authority may approve one- or more-time extension up to a total of two years for any Discretionary Action, Substantial Conformity Determination, Amendment, or Zoning Permit.

Tolling. Any expiration date or other time limit imposed by this Title shall be tolled while any action, claim or proceeding to attack, set aside or void a permit is pending before any court of law. A case is pending from the day the action, claim or proceeding is filed with any court until the court enters its ultimate disposition of the case, such as entry of an order, judgment or final decision, or issuance of remittitur, whichever action occurs last.

Zoning Permit. Minor changes to an approved or issued Zoning Permit may be allowed; provided the changes substantially conform to the approved or issued permit. A request must be processed in the following manner:

Amendments. Where a change to a Discretionary Approval cannot meet the findings for a Substantial Conformity Determination above, the Director may approve or conditionally approve an application to alter, add, replace, relocate or otherwise amend the approval, provided:

Revisions. Proposed changes to a previous approval, which are not subject to subsections A through C above, are considered significant and must be processed in the same manner as a new project.

Exception. Changes to previously approved Development Plans for development on a lot with a single-unit dwelling where the proposed development is consistent with the standards in the Development Plan. In such cases where this exception applies, the other permitting and approval requirements for development pursuant to this Title apply and the standards of this Title apply unless the previously adopted Development Plans specifies different standards, in which case those standards would apply.

Initiation of Proceeding. The Director or the City Attorney’s office may initiate revocation proceedings.

Notification. Notice of the proposed action to revoke an approval must be provided in the same manner as the original Zoning Permit or Discretionary Approval must be noticed pursuant to Section 17.52.050, Common Procedures—Public Notification.

Circumstances. An action to approve a project may be revoked under any one of the following situations:

Termination. The City’s action to revoke an approval has the effect of terminating the approval and denying the privileges granted by the original approval.

Applicability. Any action by a Review Authority made in the administration or enforcement of the provisions of this Title may be appealed in accordance with this section.

Right to Appeal. An appeal may only be filed by an applicant or any aggrieved party.

Time Limits. Unless otherwise specified in State or Federal law, all appeals must be filed in writing, as specified in subsection D below.

Right to Judicial Review. Any party aggrieved by a final decision of the City, pursuant to this Title, may seek judicial review of the decision.

Denial Without Prejudice. There shall be no limitation on subsequent Zoning Permit or Discretionary Approval applications for a parcel on which a project was denied without prejudice.

Repair and maintenance activities that do not result in an addition to, or enlargement or expansion of the structure.

Installation of low-impact interpretive and public access signage.

Uses that are listed as “P” in Land Use Regulation Table 17.07.020, Table 17.08.020, Table 17.09.020, Table 17.10.020, and Table 17.12.020. Exceptions to this exemption apply if a permit or discretionary approval is required for the use pursuant to this Title, including new tenants or uses that constitute a Change of Use.

Improvements required by law, such as ADA accessibility, notwithstanding any underlying zoning permits or approvals on the subject lot.

Installation of irrigation lines not otherwise requiring a Grading Permit.

Poles, wires, underground gas pipelines less than 12 inches in diameter, and similar installations erected, installed, or maintained by public agencies or public service or utility districts or companies; however, such structures shall be subject to height limitations when located in the -AE Overlay District.

Decks, platforms, walkways, and driveways that do not require a Grading Permit and are not over 30 inches above finish grade and not over any basement or story below.

Installation of skylights and re-roofing of an existing structure.

Installation of windows and doors that do not significantly change the streetscape nor require Design Review Board approval.

Window awnings that are supported by an exterior wall and extend less than 36 inches from such exterior wall.

Spas, hot tubs, fish ponds, and other water-containing structures that do not exceed 120 square feet, including related equipment, and do not contain more than 2,000 gallons of water.

Decorative water features that are located within the rear of a lot and not visible from public viewing areas, or if visible are less than three feet in height and contain less than 50 gallons of water.

Interior alterations, including tenant improvements, that do not result in an increase in the required number of parking spaces.

In the AG District, agricultural accessory structures that are roofed and supported by posts or poles, do not exceed 250 square feet of roof area, are unenclosed on all sides, have no plumbing or electrical facilities, and are less than 16 feet in height.

Liquefied petroleum gas (i.e., propane, propylene, butane) tanks of up to 20 pounds/five gallons when located a residential district and up to 33 pounds/eight gallons when located in an agricultural district.

Seismic retrofits to existing structures.

The replacement or restoration of conforming structures or structures damaged or destroyed by a disaster, as determined by the Director.

One satellite dish, which is one meter in diameter or less and is used solely by the occupants of the dwelling or property on which the dish is located for non-commercial, private reception.

The annual or semiannual plowing, tilling, preparation, and planting of land for ongoing farming and agricultural operations.

Other types of earthwork, which do not require a Grading Permit or are otherwise specifically listed as exempt within Section 17.24.100, General Site Regulations—Grading and Grubbing.

New or replacement roof-mounted equipment that is not visible from public viewing areas.

The temporary use of generators in the event of a power outage or for other emergency use. For purposes of this subsection, emergency use is defined in accordance with 17 California Code of Regulations, Section 93115, as may be amended.

Exterior air conditioning equipment is exempt if the following requirements are met:

City Projects, including Capital Improvement Program projects, are exempt from Zoning Permits and Discretionary Approvals, as follows:

Entitlement Permit. Issuance of a Zoning Clearance is required for development as specified by this Title and for the following development:

Effectuating Permit. Issuance of a Zoning Clearance is required to effectuate the following Discretionary Approvals and Director Actions:

Entitlement Permit. Other than those findings required pursuant to Section 17.52.070, Common Procedures—Findings for Approval, no additional permit-specific findings are required for the issuance of an Entitlement Zoning Clearance.

Effectuating Permit. Prior to the issuance of an Effectuating Zoning Clearance, the following findings must be made:

Land Use Permit Required. Before using any land or structure, or commencing any work pertaining to the erection, moving, alteration, enlarging, rebuilding, or demolishing of any building, structure, or improvement within the City a Land Use Permit must be issued by the Planning and Environmental Review Department under the provisions of this Title.

Change of Use. A Change of Use requires a Land Use Permit when, based on a legally permitted use consistent the zoning district of the site, any of the following occur unless a Discretionary Approval is required pursuant to this Title:

The development requires a Discretionary Approval, other than by the Design Review Board;

Regulations of this Title specifically indicate a Land Use Permit is not required;

Regulations of this Title specifically states that a different type of zoning permit is required for the development;

The activity is exempt from the issuance of a zoning permit; or

Any new use or business that does not qualify as a Change of Use pursuant to Section 17.55.020(A).

Inland Area. Approval of a Temporary Use Permit is required for temporary uses or structures proposed within the Inland Area of the City, which require a permit pursuant to Section 17.41.260, Standards for Specific Uses and Activities—Temporary Uses.

Coastal Zone. Temporary uses or structures that are proposed within the Coastal Zone of the City are subject to Chapter 17.61, Coastal Development Permits.

The proposed use will not unreasonably affect or have a negative impact on adjacent properties, their owners and occupants, or the surrounding neighborhood, and will not in any other way constitute a nuisance or be detrimental to the health, safety, peace, comfort, or general welfare of persons residing or working in the area of such use, or to the general welfare of the City.

The proposed use will not unreasonably interfere with pedestrian or vehicular traffic or circulation in the area surrounding the proposed use, and will not create a demand for additional parking that cannot be safely and efficiently accommodated by existing parking areas.

Appropriate controls are in place that will ensure the premises will be kept clean, sanitary, free of litter, and all circulation and parking surfaces will include a suitable dust-controlled surface.

The temporary use or structure will not substantially interfere with lateral or vertical beach access or adversely impact coastal processes.

Regulation of vehicular ingress and egress and traffic circulation;

Regulation of dust, if using unpaved surfaces for the event including parking;

Regulation of lighting;

Regulation of noise;

Regulation of hours, and other characteristics of operation;

Regulation regarding trash/debris/waste disposal and site/area clean up during and at the conclusion of the event;

Requirement of bonds or other guarantees for cleanup or removal of structure or equipment; and

Such other conditions as the Director may deem necessary to carry out the intent and purpose of this chapter.

Required Adjustment Finding. The adjustment is justified and consistent with the General Plan and the intent of other applicable regulations and guidelines.

Minor Conditional Use Permits. The Zoning Administrator.

Major Conditional Use Permits. The Planning Commission.

The use as proposed is consistent with the General Plan.

The use will not be more injurious to the health, safety, and general welfare of the surrounding neighborhood due to noise, dust, smoke, or vibration than from uses allowed in the district.

If processed without an associated Development Plan, these additional findings must also be made:

The decision of the Review Authority to approve a Conditional Use Permit shall expire after 18 months from the approval date, unless a Zoning Clearance has been issued, pursuant to Chapter 17.54, to effectuate the approval.

Once the approval is effectuated, this Conditional Use Permit shall run with the land and the rights and obligations thereof, including the responsibility to comply with all Conditions of Approval, shall be binding upon successors in interest.

The following developments are exempt from Design Review in all instances:

The following development is exempt from Design Review, except when part of a larger development project under review by the City, which is subject to this chapter:

The City must review proposed development for conformity with the following:

The scope of Design Review includes, but is not limited to, the following:

Administrative Review. The Director shall make decisions to approve, approve with conditions, or deny, the following development:

Higher Review Authorities. In compliance with Chapter 17.50, Review Authorities, the Zoning Administrator, Planning Commission, or City Council shall conduct Design Review and make decisions to approve, approve with conditions, or deny the following projects:

Conceptual Review. All development subject to review by the Design Review Board will be reviewed at the conceptual level.

Preliminary Review. Preliminary Review is a formal review of an application in order to confirm that the proposed development complies with all applicable design standards. Fundamental design issues such as precise size of all built elements, site plan, floor plan, elevations, landscaping, and hardscaping are resolved at this stage of review. The Review Authority’s decision at Preliminary Review is the formal action for Design Review, which may be appealed.

Final Review. Final Review is the last level of Design Review of the completed working drawings for a project, excluding electrical, plumbing, mechanical and structural drawings, unless components of these plans would affect the exterior of the building or are requested earlier in the process by a Review Authority.

Multiple Levels of Review at a Single Meeting. The Director may accept and process applications for Conceptual/Preliminary/Final Design Review and approval at a single meeting when appropriate for the project, all required information is submitted, and the project is properly noticed and agendized for such multiple levels of approval.

CEQA Review. Decisions by the Design Review Board or any higher Review Authority at Preliminary Review are discretionary actions and are therefore subject to environmental review under the provisions of CEQA.

The development, except as it relates to the minimum allowed dwelling unit density for the site, will be compatible with the neighborhood, and its size, bulk and scale will be appropriate to the site and the neighborhood.

Site layout, orientation, and location of structures, including any signage and circulation, are in an appropriate and harmonious relationship to one another and the property.

The development, except as it relates to the minimum allowed dwelling unit density for the site, demonstrates a harmonious relationship with existing adjoining development, avoiding both excessive variety as well as monotonous repetition, but allowing similarity of style, if warranted.

There is harmony of material, color, and composition on all sides of structures.

Any outdoor mechanical or electrical equipment is well integrated in the total design and is screened from public view to the maximum extent practicable.

The site grading is minimized and the finished topography will be appropriate for the site.

Adequate landscaping is provided in proportion to the project and the site with due regard to preservation of specimen and protected trees, and existing native vegetation.

The selection of plant materials is appropriate to the project and its environment, and adequate provisions have been made for long-term maintenance of the plant materials.

All exterior lighting, including for signage, is well designed, appropriate in size and location, and darksky compliant.

The project architecture will respect the privacy of neighbors, is considerate of private views, and is protective of solar access off site.

The proposed development is consistent with any additional design standards as expressly adopted by the City Council.

Modification of materials and/or design elements;

Additional landscaping;

Walls, fences, and screening devices;

Noise-attenuation construction and/or devices; or

Any other conditions that are found to be necessary to ensure that the provisions of the General Plan and this Title are met.

Design Review approval shall expire two one years from the date of preliminary approval, unless the project receives final approval.

The Design Review approval shall expire three years from the date of final approval, unless the associated Zoning Permit has been approved.

Exemptions. The following do not require a Development Plan:

The project as proposed is consistent with the General Plan.

The site for the project is adequate in size, shape, location, and physical characteristics to accommodate the intensity, except as it relates to the minimum allowed dwelling unit density for the site, of development proposed.

Any significant environmental impacts are mitigated to the maximum extent feasible.

The project will not conflict with any easements required for public access through, or public use of a portion of the property.

Additional Finding. To approve any requested adjustment to one of the standards listed in this section, the Review Authority must make the following finding for each requested adjustment:

Resolution Required. Any deviation from a height or lot coverage standard must be reviewed and approved by Resolution by the Planning Commission.

The provisions of this chapter apply to all districts.

In no case may a Variance be granted to allow a use or activity which is not otherwise permitted in the district in which the property is located.

Variances may only be granted from the regulations on land, buildings, and structures, and no variances may be granted from the procedural regulations of this Title.

Required Findings. The following findings must all be met in order to grant a Variance:

Additional Coastal Zone Finding. Approval of the Variance is consistent with the provisions of the California Coastal Act that are applicable to the subject property.

Tidelands, Submerged Lands, or Public Trust Lands. Projects on any tidelands, submerged lands, or on public trust lands, whether filled or unfilled, lying within the Coastal Zone, or within any State university or college within the Coastal Zone require a permit issued by the California Coastal Commission in accordance with procedures specified by the Coastal Commission, in addition to other permits or approvals required by the City.

Development by Public Agency. A person undertaking development included in a Public Works plan or long-range development plan that has been approved by the Coastal Commission is not required to obtain a Coastal Development Permit from the City. Other City permits may be required.

Exemptions. Projects or activities specifically identified by the California Coastal Commission as exempted from the requirement for a Coastal Development Permit, listed in Section 17.61.030, do not require a Coastal Development Permit.

Responsibilities for Issuance. All development within the Coastal Zone requires a Coastal Development Permit, unless specifically exempted or excluded. The responsibility to issue a Zoning Permit within the Coastal Zone of the City shall be the following:

Categorically Excluded Development. Projects pursuant to a Categorical Exclusion Order certified by the California Coastal Commission, pursuant to Public Resources Code Sections 30610(e) and 30610.5 and 14 California Code of Regulations, Section 13240 et seq.

Improvements to Existing Single-Unit Dwellings. Minor Development or improvements to existing Single-Unit Dwellings, subject to the following provisions:

Other Improvements. Improvements to any structure other than a single-unit dwelling or a Public Works facility, subject to the following provisions:

Maintenance Dredging. Maintenance dredging of existing navigation channels or moving dredged material from those channels to a disposal area outside the Coastal Zone pursuant to a permit from the United States Army Corps of Engineers.

Repair and Maintenance Activities. Repair or maintenance activities that do not result in an addition to, or enlargement or expansion of, the object of those repair or maintenance activities.

Utility Connections. The installation, testing, and placement of any necessary utility connection between an existing service facility and any development that has been granted a valid Coastal Development Permit; provided, however, that the City may, where necessary, require reasonable conditions to mitigate any adverse impacts on coastal resources, including scenic resources.

Structures Destroyed by Natural Disaster. The replacement of any structure, other than a Public Works facility, destroyed by a disaster, provided that the replacement structure meets all of the following criteria:

Timeshare Conversions. Any activity anywhere in the Coastal Zone that involves the conversion of any existing multiple-unit development to a timeshare project, estate, or use, as defined in Business and Professions Code Section 11212. If any improvement to an existing structure is otherwise exempt from the permit requirements of this Title, no Coastal Development Permit is required for that improvement on the basis that it is to be made in connection with any conversion that is exempt pursuant to this Title. The division of a Multiple-Unit Development into condominiums, as defined in Civil Code Section 783, must not be considered a time-share project, estate, or use for purposes of this chapter.

De Minimis Development. Development determined to be de minimis by the Review Authority, pursuant to Section 17.61.050.

Authority. The Director may issue a written waiver from the Coastal Development Permit requirements of this chapter for any development that is de minimis.

Determination of Applicability. A proposed development is de minimis if the Director determines, based on a review of an application for a Coastal Development Permit, that the development satisfied all of the following requirements:

Permit Requirements. Any person, partnership, or corporation, or State or local government agency wishing to undertake development as defined in Public Resources Code Section 30106 in the Coastal Zone must obtain a Coastal Development Permit in accord with the provisions of this chapter, unless exempt, determined de minimis, or categorically excluded. Application for a Coastal Development Permit may be submitted and processed concurrently with other required permits; however, the Coastal Development Permit must be issued before commencing development and must be required in addition to any other Zoning Permit or Discretionary Review required by the City.

Initial Determination. At the time a Coastal Development Permit application is submitted, the Director must determine whether a development project is:

Challenge of Determination. Upon receipt of the Director’s initial determination with respect to what type of development is proposed, an applicant, other interested person, or local government who does not agree with the Director’s determination may challenge the determination. If any interested party does not agree with the Director’s determination, the matter must be forwarded to the City Council at the earliest available regularly scheduled meeting to determine whether the project is categorically excluded or otherwise exempt, non-appealable, or appealable. If such challenge is not resolved and the determination remains disputed, the City must notify the Coastal Commission Executive Director by telephone of the dispute/question and must request the Coastal Commission Executive Director’s opinion. The Coastal Commission Executive Director may either concur with the Council’s determination or forward the request to the Coastal Commission for a final determination.

Responsibilities for Issuance. After certification of the LCP by the Coastal Commission, the City must issue all Coastal Development Permits for development not located within the Coastal Commission’s original permit jurisdiction. The Coastal Commission’s original permit jurisdiction includes all tidelands, submerged lands, or public trust lands whether filled or unfilled, unless the Coastal Commission has delegated original permit jurisdiction to the City for areas potentially subject to the public trust but which are determined by the Coastal Commission to be filled, developed, and committed to urban use pursuant to Public Resources Code Section 30613. Development located in the Coastal Commission’s original permit jurisdiction requires approval of a Coastal Development Permit issued by the Coastal Commission in accordance with the procedure specified by the California Coastal Act.

Application Requirements. Application requirements are as established in Chapter 17.52, Common Procedures, as supplemented by specific requirements for development in the Coastal Zone established by the Director.

Required Public Hearing. Any proposed development within the Coastal Zone, which otherwise would be a ministerial Coastal Development Permit, but due to its location within the appeals jurisdiction, shall be subject to review and approval of a Coastal Development with a Public Hearing before the Zoning Administrator.

Waiver of Required Public Hearing. For proposed Minor Development within the Appeals Jurisdiction of the Coastal Zone, the following provisions apply:

Time Limit. The approval of a Coastal Development Permit at a public hearing shall be subject to Section 17.52.090, Common Procedures—Dates and Timing.

The proposed development conforms to the public access and public recreation policies of Chapter 3 of the California Coastal Act.

Review and Approval. The Executive Director of the Coastal Commission must review and approve all legal documents specified in the conditions of approval of a Coastal Development Permit for public access, open space, or conservation easements pursuant to the following procedures:

Delegation of Authority. If the City requests, the Coastal Commission must delegate the authority to process the recordation of the necessary legal documents to the City, if the City identifies the City department, public agency, or private association that has the resources and authorization to accept, open and operate, and maintain the accessways, open space, or conservation areas required as a condition of approval of Coastal Development Permits. Upon completion of the recordation of the documents, the City must forward a copy of the permit conditions, findings of approval, and copies of the legal documents pertaining to the public access, open space, or conservation conditions to the Executive Director of the Coastal Commission.

Finality of City Action. The City’s decision on an application for a development is not deemed complete until:

Notice of Final Action Required. Within seven calendar days of the City completing its review and taking action on the requested development application, the City must notify by first-class mail, the Coastal Commission and any other persons who specifically requested notice of such action and having provided a self-addressed, stamped envelope to the Director.

Effective Date of City Action. The City’s decision on an application for Appealable Development becomes effective on the eleventh day after the Coastal Commission has received the notice of final action unless either of the following occurs:

General Modifications. The Review Authority may grant relief from the development standards specified in this Title, as provided below.

Special Modifications. The Planning Commission or City Council may grant relief from the dimensional requirements specified in this Title, as provided below.

Limits to Modifications. In no case may a Modification be granted for a reduction in a required buffer, open space, or other regulation within this Title, except as provided above.

Authority and Duties. Consideration of a Modification requires a public hearing before the Zoning Administrator or higher Review Authority, if the Modification is concurrently processed with an action requiring Planning Commission or City Council review. The Review Authority may approve, conditionally approve, or deny applications for modifications with consideration of the requirements of this chapter.

Concurrent Processing. If a request for Modification is being submitted in conjunction with an application for another approval, permit, or entitlement under this Title, it must be heard and acted upon at the same time and in the same manner by the same Review Authority.

Design Review. A project requesting a Modification shall be subject to Design Review.

The Modification is necessary due to the physical characteristics of the property and the proposed use or structure or other circumstances, including, without limitation, topography, noise exposure, irregular property boundaries, or other unusual circumstance.

The Modification is minor in nature and will result in a better site or architectural design and/or will result in greater resource protection than the project without such Modification.

Any person lacking fair housing opportunities due to the disability of existing or planned residents, may request a reasonable accommodation in the City’s rules, policies, practices, and procedures. This request for reasonable accommodation must be made on a form prescribed by the City for that purpose.

If, pursuant to this chapter, the project for which the request is being made requires an application for an additional approval, permit or entitlement, the applicant must file the request for reasonable accommodation along with such additional application for approval, permit or entitlement.

An applicant seeking reasonable accommodation pursuant to this chapter may seek an accommodation that is also available under other provisions allowing for modifications of otherwise applicable standards under this Title. In such case, an accommodation under this Title must be in-lieu of any approval, permit or entitlement that would otherwise be required.

An applicant submitting a request for reasonable accommodation pursuant to this chapter may request an accommodation not otherwise available under the Goleta Municipal Code.

Applicant’s name, address and telephone number;

Address of the property for which the request is being made;

The current actual use of the property;

The Goleta Municipal Code provision, regulation, policy, or procedure for which accommodation is requested;

A statement describing why the requested accommodation is reasonably necessary to make the specific housing available to the applicant, including information establishing that the applicant is disabled or handicapped. Any information related to a disability status and identified by the applicant as confidential must be retained in a manner so as to respect the applicant’s privacy rights and must not be made available for public inspection; and

Such other relevant and permissible information as may be requested by the Director.

Decision. An application filed pursuant to this chapter may be approved, approved subject to conditions, or denied.

Considerations. The following factors must be considered in making a determination regarding an application filed pursuant to this chapter:

Required Finding. Any decision on an application filed pursuant to this chapter must be supported by making the following finding:

Appeal. Granting or denying a reasonable accommodation is subject to appeal pursuant to Section 17.52.120, Common Procedures—Appeals. A written determination to the applicant, which must include notice of the right to appeal the determination must be provided.

Application Submittal. An application for an Emergency Permit must be submitted during regular business hours to the Director in person, if time allows, or by facsimile, electronic mail, or telephone if time does not allow. The application must contain the following information, which is to be reported at the time of the emergency or within three days after the emergency:

Verification of Emergency. The Director must verify the facts, including the existence and the nature of the emergency, insofar as time allows, prior to granting the Emergency Permit.

Noticing. A public notice of the emergency work shall be mailed to property owners and tenants within 500 feet of the subject property and such notice shall be posted in three locations on the project site. Notice is not required to precede commencement of emergency work.

Required Findings. The Director may grant an Emergency Permit upon reasonable terms and conditions, which must include an expiration date and the necessity for a regular permit application later, if the Director makes the following findings:

No Entitlement Granted. The issuance of an Emergency Permit shall not constitute an entitlement to the erection of permanent structures.

Expiration of Emergency Permit. An application for the required Zoning Permit and any discretionary review required by this Title shall be made no later than 30 days following the granting of an Emergency Permit. Any materials required for a completed application shall be submitted within 90 days after the issuance of the Emergency Permit, unless this time period is extended by the Director.

Reporting Requirements of the Director. The report of the Director shall be informational only; the decision to issue an Emergency Permit is solely at the discretion of the Director, pursuant to this chapter. The Director must report on an Emergency Permit as follows:

The status of the applicant, as an owner of the property, is established to the satisfaction of the Director.

The application is made on approved forms and contains all the information required by the City.

The application is accompanied by all lawfully required documents, materials, and supporting information.

The City Manager, in consultation with the City Attorney, may negotiate the specific components and provisions of the Development Agreement on behalf of the City for recommendation to the City Council.

The City Council has the exclusive authority to approve a Development Agreement.

Application Submittal. An applicant must submit an application for a Development Agreement on a form prescribed by the City, accompanied by a fee according to the City’s fee schedule. The Director must require an applicant to submit proof of the applicant’s interest in the real property and of the authority of any agent to act for the applicant.

Recommendations of the Planning Commission. Following conclusion of a public hearing, the Planning Commission must make a written recommendation to the City Council regarding the application.

Required Findings. In order for the Planning Commission to recommend adoption of and for City Council to adopt a Development Agreement all of the following findings must be made:

City Council Determination. Upon receipt of the Planning Commission’s recommendation, the City Clerk must set the application and written report of the Planning Commission for a public hearing before the City Council in compliance with Chapter 17.52, Common Procedures. The City Council will not approve a proposed Development Agreement unless it finds that its provisions are consistent with the General Plan and any applicable specific plan.

Effective Date. The City shall not execute any Development Agreement until on or after the date on which the ordinance approving the Development Agreement becomes effective, and until it has been executed by the applicant.

Execution. The applicant shall submit a signed copy of the Development Agreement before the ordinance approving the agreement is placed on the City Council agenda for adoption. Should the applicant fail or refuse to sign the Development Agreement, the City Council will adopt a resolution denying the application.

Recordation. A Development Agreement shall be recorded with the Santa Barbara County Recorder no later than 10 days after its execution, in compliance with Government Code Section 65868.5

Refusal to Sign. If the parties to the Development Agreement or their successors in interest amend or cancel the Development Agreement, or if the City terminates or modifies the Development Agreement for failure of the applicant to comply fully with the provisions of the Development Agreement, the City Clerk must record notice of such action with the Santa Barbara County Recorder.

Termination after Finding of Noncompliance. After the public hearing, the City Council may terminate the Development Agreement, modify the finding of noncompliance, or rescind the finding of noncompliance, and issue a finding of compliance.

Recordation. If the parties to the Development Agreement or their successors in interest amend or terminate the Development Agreement, or if the City terminates or modifies the Development Agreement for failure of the applicant to fully comply with the provisions of the Development Agreement, the City Clerk must record notice of such action.

Rights of the Parties after Cancellation or Termination. In the event that a Development Agreement is cancelled or terminated, all rights of the applicant, property owner or successors in interest under the Development Agreement must terminate. If a Development Agreement is terminated following a finding of noncompliance, the City may, in its sole discretion, determine to return or not return any and all benefits, including reservations or dedications of land, and payments of fees, received by the City.

Existing Rules and Regulations. Unless otherwise specified in the Development Agreement, the City’s rules, regulations, and official policies governing permitted uses of the property, density, design, and improvement standards and specifications applicable to development of the property must be those City rules, regulations, and official policies in force on the effective date of the Development Agreement. The applicant must not be exempt from otherwise applicable City ordinances or regulations pertaining to persons contracting with the City.

Future Rules and Regulations. A Development Agreement will not prevent the City, in subsequent actions applicable to the property, from applying new rules, regulations, and policies that do not conflict with those rules, regulations, and policies applicable to the property as set forth in the development agreement. A Development Agreement will not prevent the City from denying or conditionally approving any subsequent development project application on the basis of such existing or new rules, regulations, and policies. Unless otherwise specified in the Development Agreement, a Development Agreement will not exempt the applicant from obtaining future discretionary approvals.

State and Federal Rules and Regulations. In the event that any applicable law enacted or interpreted after a Development Agreement becomes effective prevents or precludes compliance with one or more provisions of the Development Agreement, then the Development Agreement may be modified or suspended in the manner and pursuant to the procedures specified in the Development Agreement, as may be necessary to comply with such regulation or law.

Severability Clause. Should any provision of this chapter or a subsequent Development Agreement be held by a court of competent jurisdiction to be either invalid, void, or unenforceable, the remaining provisions of this chapter and the Development Agreement must remain in full force and effect, unimpaired by the holding, except as may otherwise be provided in the Development Agreement.

To Be Effective. In addition to any other requirement of applicable law, no Development Agreement can take effect, unless it is approved by ordinance; executed by the Mayor or City Manager (when directed by the City Council); and approved as to form by the City Attorney.

Resolution of the City Council;

Resolution of the Planning Commission;

Application by any person representing at least 50 percent of the assessed valuation of the property which will be affected by such amendment; or

The Director.

Recommendation to Council. Following a public hearing, the Planning Commission must make a written recommendation on the adoption or amendment of the zoning regulations or Zoning Map or any portion thereof based on the findings listed below. A recommendation for approval must be made by a resolution. The Director must promptly transmit to the City Council the Planning Commission’s written recommendation, together with any maps, charts, studies, or other materials, including any required environmental analysis.

Required Findings. The Planning Commission must make all of the following findings in its recommendation to the City Council:

Action. After the conclusion of a public hearing, the City Council may approve, modify, or deny, or take no action regarding a proposed Zoning Map or zoning regulations text amendment. If the Council proposes any substantial modification not previously considered by the Planning Commission during its hearings, the proposed modification must first be referred back to the Planning Commission for its recommendation.

Required Findings. Before making any amendments, the City Council must make all of the following findings:

Request. A request to initiate an amendment to the General Plan may be submitted by an applicant or the City. This request must occur before the City processes any applications associated with the request to amend the General Plan.

Initiation Factors. The following factors must be considered by the City Council for the initiation of all proposed General Plan amendments as applicable:

Public Hearing. The City Council will consider, deliberate, and act upon the initiation of all proposed General Plan amendments at a duly noticed public hearing. If the General Plan Amendment request is not initiated, then the General Plan Amendment application will not be processed by the City.

Expiration. If a request to initiate a General Plan Amendment is approved by City Council, a General Plan Amendment application must be submitted within two years from the date of initiation, pursuant to Chapter 17.52, Common Procedures. If no application for a General Plan Amendment is submitted within this time period, the approved initiation shall expire, become null and void, and shall not be subject to Section 17.52.090(D) of this Title.

Hearing. Following City Council initiation and project processing by the City, the Planning Commission must conduct a public hearing in conformance with Chapter 17.52, Common Procedures.

Recommendation to Council. Following the public hearing, the Planning Commission must make a written recommendation on the adoption or amendment of the General Plan or any Element thereof based on the findings listed below. A recommendation for approval must be made by a resolution carried by an affirmative vote of not less than a majority of the Planning Commission membership in accordance with California Government Code Section 65354. The Director must promptly transmit to the City Council the Planning Commission’s written recommendation, together with any maps, charts, studies, or other materials, including any required environmental analysis.

Required Findings. The Planning Commission must make all of the following findings in its recommendation to the City Council:

Council Hearing. Before acting upon any proposed General Plan Amendment, the City Council must hold a duly noticed public hearing.

Council Action. After the conclusion of the hearing, the City Council may approve, modify, or deny the proposed General Plan amendment. If the Council proposes any substantial modification not previously considered by the Planning Commission during its hearings, the proposed modification must first be referred back to the Planning Commission for its recommendation.

Required Findings. The City Council must make all of the following findings to amend the General Plan:

Director. The Director will enforce all provisions of this Title related to issuance of discretionary approvals and will have responsibility for ordering the correction of violations and initiating the revocation of discretionary approvals pursuant to Section 17.52.110, Common Procedures—Revocation of Approval, and the abatement of nuisances as defined in this Title.

Building Official. Prior to issuance of building permits, the Building Official must ascertain that plans presented with the building permit application conform to those approved subject to the requirements of this Title.

Code Compliance Officer. The Code Compliance Officer must enforce all provisions of this Title pertaining to the use, erection, construction, reconstruction, relocation, conversion, alteration, or addition to any structure, signage, conditions of approval, use permits, variances, nuisance abatements, or other discretionary approvals. The Code Compliance Officer is hereby authorized to cause to be stopped any work or use undertaken without or contrary to approval granted pursuant to this Title, or in violation of any of its other provisions.

City Attorney. The City Attorney may, at the City Attorney’s discretion, or upon order of the City Council, immediately commence action or proceedings for the abatement and removal and enjoinment of violations in the manner provided by law, and may take such other steps and may apply to such courts as may have jurisdiction to grant such relief that will abate and remove such use or structure, and may seek to restrain and enjoin any person, firm, or corporation from such use of any property or structure, or from setting up, erecting, building, maintaining, or demolishing any such structure contrary to the provisions of this Title.

If compliance is not had with an order of the Code Compliance Officer or designee, to correct violations of this Title within the time specified in a Notice of Violation, the City may file with the Santa Barbara County Recorder a certified statement describing the property and certifying that:

The notice must specifically describe the violations and a proof of service must also be recorded with the Notice of Violation.

Whenever the corrections ordered thereafter have been completed, the City must file a new certified statement with the Santa Barbara County Recorder, certifying that all required corrections have been made so that the property and/or structure is no longer in violation of this Title.

The standards in this chapter shall apply to all Development and Development Projects as defined in this chapter. This chapter is adopted to implement the provisions of Government Code Section 66000 et seq. (the Mitigation Fee Act), which authorize a City to impose impact fees as a condition of approval on a Development Project for the purpose of defraying all or a portion of the cost of Public Facilities related to such project.

DIFs are hereby established to be imposed on new Development and Development Projects within the City to pay a proportionate share of the reasonably estimated costs of Public Facilities related to bicycle, pedestrian, transportation, fire, police, library, parks and recreation (to the extent not covered by Quimby Fees), public administration, and storm drain facilities, to the extent impacted by a Development Project. The DIFs authorized by this chapter shall be used only for defraying costs associated with developing new or rehabilitating existing bicycle, pedestrian, transportation, fire, police, library, parks and recreation (to the extent not covered by Quimby Fees), public administration, and storm drain facilities, to the extent applicable, resulting from new development projects, and shall not exceed the estimated cost associated with providing those facilities.

Bicycle and Pedestrian Facilities.

Fire Facilities.

Library Facilities.

Parks and Recreation Facilities (not applicable to residential subdivisions for which Quimby Fees are imposed).

Public Administration Facilities.

Storm Drain Facilities.

Transportation Facilities.

Affordable Housing Facilities (applicable only to non-residential projects and components of mixed-use projects not subject to Chapter 17.28).

The City Council may, after noticed public hearing and in compliance with the Mitigation Fee Act, adopt a resolution: (i) setting forth the amount of each specific type of Development Impact Fee identified in Section 17.70.040 above; or (ii) revising any such previously adopted fee amounts, with the ordinance codified in this chapter being considered as enabling and directive in this regard. Any resolution adopted under this chapter shall establish how each DIF amount is calculated and shall be in accordance with the provisions of the Mitigation Fee Act. The City Council shall do all of the following:

An adopted DIF resolution, as referenced in subsection A may allow for automatic adjustments of fees on July 1st of each fiscal year, by a percentage equal to the appropriate Construction Cost Index (CCI) as published by Engineering News Record, or its successor publication, for the preceding 12 months for which the CCI is available and such CCI shall be specific to California or the nearest region; provided, however, that the adopted DIF resolution shall identify the specific types of DIFs subject to such automatic adjustments and shall apply only to the types of DIFs for which the Mitigation Fee Act authorizes automatic adjustments.

All revenues derived from and all moneys collected for each type of DIF, as identified in Section 17.70.040, including accrued interest thereon, shall be deposited in a separate, special fund created to hold the revenue generated for each respective type of DIF. Each such fund is hereby established and shall be administered in accordance with the Mitigation Fee Act, including specifically Government Code Section 66001(c) through (e) and 66006. Moneys within each such fund may be expended only for the identified purpose or purposes for which the respective DIF was collected.

Required Fees. Any person who seeks to develop land within the City shall be subject to the imposition of DIFs for the following types of development:

Exemptions. The following shall be exempted from payment of the DIFs:

A developer of any Development Project subject to the fees described in this chapter may apply to the City Council for a reduction, adjustment, or waiver of any one or more of the DIFs. The application for such protest must be made in writing and filed with the City Clerk, state in detail the factual basis for the claim of waiver, reduction or adjustment, and meet all requirements of Government Code Section 66020, as may be amended.

The City Council shall consider the protest application, referenced in subsection A above, at a public hearing. The decision of the City Council shall be final. If a reduction, adjustment, or waiver is granted, any change in use within the Development Project shall invalidate the waiver, adjustment, or reduction of the DIF if such change in use would render the same inappropriate.

The City Council may, from time to time, and as the need may arise, set forth by resolution specific limitations which will apply to reductions, adjustments or waivers of DIFs which may be made pursuant to this section. In this regard, this section shall be considered enabling and directory.

The DIFs established pursuant to this chapter shall be paid by the developer for the property on which a Development Project is proposed at the time of final inspection or the date on which the certificate of occupancy is issued, whichever occurs first, except as otherwise provided below.

Unless otherwise specified by the City, the amount of DIFs shall be based on those DIFs and amounts in effect at the time payment is made or due.

Funds collected from DIFs shall be used for the purpose of paying the actual or estimated costs of designing, constructing and/or improving the public facilities within the City to which the specific DIF or DIFs relate, including any required acquisition of land or rights-of-way therefor. No DIF funds shall be used for costs attributable to existing deficiencies in public facilities, but may be used for the costs for increased demand for additional facilities and services reasonably related to the proposed development project.

In the event that bonds or similar debt instruments are issued for advanced provision of public facilities for which DIFs may be expended, DIFs may be used to pay debt service on such bonds or similar debt instruments to the extent that the facilities provided are of the type to which the DIFs involved relate.

New development that, through demolition or conversion, will eliminate existing development is entitled to a DIF credit if the demolished or converted development was a lawful use and was in use within two years of the new development under this Title.

New development that will replace development that was partially or totally destroyed by fire, flood, earthquake, mudslide, or other casualty or act of God, is entitled to a DIF credit if the development that was partially or totally destroyed was a lawful use and such destruction occurred within five years of the new development under this Title.

If an existing development undergoes a change of use, only costs proportional to the amount of the improvement or facility that mitigates the need therefore attributable to and reasonably related to the given development shall be eligible for an in-lieu credit within 10 years, and then only against the specific relevant DIF(s) involved to which the facility or improvement relates.

The City may allow for DIFs collected for transportation facilities to be satisfied or partially satisfied if the obligor of the transportation facilities fees donates real property which is needed by the City for local transportation purposes pursuant to Government Code Section 66006.5.

Credit shall not be given for site-related improvements, including, but not limited to, traffic signals, right-of-way dedications, or providing paved access to the property, which are specifically required by the development project in order to serve it and which do not constitute facilities or improvements associated with a specific category of DIF.

Applicability. The limit on hearings identified below in subsection B applies to every “housing development project,” defined by California Government Code Section 65589.5(h)(2) as a use consisting of any of the following:

Maximum Number of Hearings. Five.

Applicability. This section applies where the City approves, by administrative, quasi-judicial, legislative, or other action, development of any parcel with fewer units by income category than identified in the City’s Housing Element for that parcel.

Required Finding. The City shall make a written finding, supported by substantial evidence, as to whether or not the remaining sites identified in the City’s Housing Element are adequate to meet the requirements of Government Code Section 65583.2 and to accommodate the City’s share of the regional housing need pursuant to Government Code Section 65584. The finding shall include a quantification of the remaining unmet need for the jurisdiction’s share of the regional housing need at each income level and the remaining capacity of sites identified in the housing element to accommodate that need by income level.