Santa Maria City Zoning Code

For an administrative use permit for moving building(s), the destination site of the building to be moved is considered the project site for purposes of this chapter and for the application of growth mitigation fees.

The Zoning Administrator shall be authorized to approve, conditionally approve, modify or deny administrative use permits for moving building(s) pursuant to the provisions of this chapter.

Prior to removing the building from its existing foundation, an administrative use permit application shall be submitted to the Community Development Department for review and action by the Zoning Administrator.

Application shall be made by the property owners of the project site and the origination site, or authorized agent, upon forms provided by the Community Development Department. The application shall provide the materials necessary to allow the Zoning Administrator to determine the project's conformance with the provisions of this Chapter, and to allow the Zoning Administrator to approve, conditionally approve, modify or deny the moving of a building(s) pursuant to the provisions of Section 12-35.207 (a) through (f) of this Title. The application materials shall include:

The Community Development Department shall charge and collect a Zoning Administrator use permit application filing fee for moving a building(s).

The Zoning Administrator shall review the application for completeness. Once the application is determined to be complete, a Zoning Administrator public hearing will be scheduled within 30 calendar days.

Notice of the time and place of the Zoning Administrator public hearing shall be given as follows:

The Zoning Administrator shall hold a public hearing on the administrative use permit for a building(s) move. The Zoning Administrator may approve, conditionally approve, modify or deny an administrative use permit for moving a building(s) based upon the findings of Section 12-35.207 and this chapter. Notice of the Zoning Administrator action shall be mailed to the applicant and other person who has requested notice.

The effective date of the approved, conditionally approved, modified or denied administrative use permit for moving a building(s) shall be in accordance with Section 12-35.209.

An approved or conditionally approved administrative use permit for moving a building(s) shall be subject to the expiration, extension, revocation, and modification provisions of Section 12-35.200A.

Security and a legally binding agreement, in a form acceptable to the Zoning Administrator and the City Attorney, shall be deposited with the City to guarantee completion of the project within a period of time specified by the Zoning Administrator. Amount of the security shall be approved by the Zoning Administrator, and shall be based on a licensed contractor's estimate to complete the move and any other requirement of the conditions of approval. If the origination site is within the City, the amount of the security shall be sufficient to also guarantee the origination site shall be brought into conformance with the applicable provisions of Section 12-28A.02 prior to completion of the building(s) moved. The security shall be released by the City to the applicant following satisfactory completion of the building(s) moved in compliance with applicable zoning ordinances, building codes and conditions of approval of the administrative use permit. Upon written request by the applicant to the Zoning Administrator, the Community Development Department may authorize the release of a portion of the performance security upon the departments' acceptance of the satisfactory completion of a part of the improvements as the work progresses. In no case, however, shall the security be reduced to less than 10% of the total improvement security given for the faithful performance. The amount of reduction of the security shall be determined by the Community Development Department, but in no event shall the Community Development Department authorize a release of the improvement security which would reduce security to an amount below that required to guarantee the completion of the improvements and any other obligation imposed by this title, or the conditions of the administrative use permit; and

Maintain public liability insurance to protect against loss from liability for damages on account of bodily injuries, including death, and to protect against loss for liability or damages to any property caused directly or indirectly by the moving of the building. Such insurance policy shall be issued by a corporation authorized to engage in the insurance business in the state and shall be maintained in full force and for the duration of the project. The amount of liability insurance shall be based on consultation with the City's risk manager and approved by the Zoning Administrator, for adequate coverage. The provisions of this subsection shall not be construed as limiting in any way the extent to which the permittee may be held responsible for the payment of damages; and

Deposit with the City a certificate of insurance coverage in the amounts set forth in subsection (b) of this section. Such certificate shall provide that the insurance thereby represented will not be canceled, reduced or allowed to expire unless written notice shall be sent to the City at least 30 days in advance of any such cancellation, reduction, or expiration, and shall name the City as an additional insured. All such insurance certificates shall be submitted to the City Attorney for approval before acceptance by the City.