Municipal Code, Complete - City of Santa Barbara

28.92.070 Community Development Department Report.
At the public hearing, the Staff Hearing Officer, Planning Commission, or City Council on appeal, shall receive a
report from the Community Development Department regarding the application and the application’s consistency
with the intent and purpose of this Title and with previous variances, changes of zone or modifications. (Ord. 5380,
2005.)
28.92.080 Resolution of Decision.
The decisions of the Staff Hearing Officer or Planning Commission shall be announced and recorded by a
resolution reciting the findings on which the decision is based.
A. VARIANCES: Within five (5) days after final decision by the Planning Commission on an application for a
variance, notice of the decision shall be mailed to the applicant at the address shown upon the application and to all
other persons who have filed a written request therefor with the Community Development Department. The decision
of the Planning Commission may be appealed in accordance with Chapter 1.30 of this Code. In addition to the
procedures specified in Chapter 1.30, notice of the public hearing before the City Council on an appeal from a
decision of the Planning Commission regarding a variance shall be provided in the same manner as notice was
provided for the hearing before the Planning Commission. At the time of filing an appeal, the appellant shall pay a
fee in the amount established by resolution of the City Council.
No permit or license shall be issued for any use involved in an application for a variance until same shall have
become final by reason of the failure of any person to appeal or by reason of the action of the City Council.
B. AMENDMENTS AND CHANGES OF ZONE: Within five (5) days after final decision by the Planning
Commission on an application for an amendment or change of zone, notice of the decision shall be mailed to the
applicant at the address shown upon the application and to all other persons who have filed a written request therefor
with the Community Development Department.
1. Approval. Upon approval of an application for an amendment or change of zone by the Planning
Commission, the Planning Commission shall submit its recommendation and complete record of the application to
the City Council. The City Council shall hold a public hearing to consider the application for the amendment or
change of zone and may approve, reverse or modify the action of the Planning Commission and may approve, reject
or modify said ordinance accordingly. The City Attorney shall prepare an ordinance providing for the approved
amendment or change of zone to the City Council for introduction and subsequent adoption.
2. Denial. The denial of an application for an amendment or change of zone by the Planning Commission
shall be final unless appealed in accordance with Chapter 1.30 of this Code. In addition to the procedures specified in
Chapter 1.30, notice of the public hearing before the City Council on an appeal from a decision of the Planning
Commission regarding a change of zone shall be provided in the same manner as notice was provided for the hearing
before the Planning Commission. At the time of filing an appeal, the appellant shall pay a fee in the amount
established by resolution of the City Council.
No permit shall be issued for any use involved in an application for a change of zone until the same shall have
become final by the effective date of the ordinance.
C. MODIFICATIONS. Within five (5) days after final decision by the Staff Hearing Officer or Planning
Commission on an application for a modification, notice of the decision shall be mailed to the applicant at the address
shown upon the application and to all other persons who have filed a written request therefor with the Community
Development Department.
1. Staff Hearing Officer. Decisions of the Staff Hearing Officer regarding modifications shall be final
unless suspended or appealed in accordance with Section 28.05.020 of this Code.
2. Planning Commission. Decisions of the Planning Commission shall be final unless appealed in
accordance with Chapter 1.30 of this Code. In addition to the procedures specified in Chapter 1.30, notice of the
public hearing before the City Council on an appeal from a decision of the Planning Commission regarding a
modification shall be provided in the same manner as notice was provided for the hearing before the Planning
Commission. At the time of filing an appeal, the appellant shall pay a fee in the amount established by resolution of
the City Council.
No permit or license shall be issued for any use involved in an application for a modification until same shall have
become final by reason of the failure of any person to appeal or by reason of the action of the City Council. (Ord.
5380, 2005.)
28.92.090 Variances.
When practical difficulties, unnecessary hardships or results inconsistent with the general purposes of this Title
occur by reason of a strict interpretation of any of the provisions of this Title, either the Planning Commission or City
Council may upon its own motion, or the Planning Commission upon the verified application of any property owner
or authorized agent, may, in specific cases, initiate proceedings for the granting of a variance from the provisions of
this Title under such conditions as may be deemed necessary to assure that the spirit and purposes of this chapter will
be observed, public safety and welfare secured, and substantial justice done. All acts of the Planning Commission
and City Council under the provisions of this section shall be construed as administrative acts performed for the
purpose of assuring that the intent and purpose of this Title shall apply in special cases, as provided in this section,
and shall not be construed as amendments to the provisions of this Title or map. Individual economic circumstances
are not a proper consideration for the granting of a variance. (Ord. 5380, 2005.)
552 rev. 6/30/07