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Municipal Code, Complete - City of Santa Barbara

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6. Where subdivision <strong>of</strong> land is intended, <strong>City</strong> Ordinance Number 2872, as amended or superseded, shall apply<br />

and tentative subdivision maps may be processed concurrently with the conditional use permit application. (Ord.<br />

4851, 1994; Ord. 3710, 1974; Ord. 2585, 1957.)<br />

28.36.013 Conditions, Restrictions and Modifications.<br />

As a condition <strong>of</strong> the approval <strong>of</strong> a development plan hereunder, the Planning Commission may impose such other<br />

appropriate and reasonable conditions and restrictions, and permit such modifications as it may deem necessary for<br />

the protection <strong>of</strong> property in the neighborhood or in the interests <strong>of</strong> public health, safety and welfare in order to carry<br />

out the purposes, spirit and intent <strong>of</strong> this chapter. However, no variance or modification shall be granted for building<br />

height, maximum number <strong>of</strong> dwelling units per building (four) or maximum dwelling units per acre <strong>of</strong> site area, as set<br />

forth in this chapter. (Ord. 3710, 1974; Ord. 2585, 1957.)<br />

28.36.025 Action.<br />

1. Upon receipt <strong>of</strong> fifteen (15) copies <strong>of</strong> the development plan, together with the required supplemental data, the<br />

Division <strong>of</strong> Land Use Controls shall transmit one (1) copy to each <strong>of</strong> the following agencies: Public Works Director,<br />

Water Superintendent, Chief <strong>of</strong> the Fire Department, County Assessor, County Health Officer, Clerk <strong>of</strong> the <strong>City</strong><br />

Council, <strong>City</strong> Park and Recreation Commissions, and <strong>City</strong> Board <strong>of</strong> Education. Within fifteen (15) days, each such<br />

agency shall file with the Division <strong>of</strong> Land Use Controls recommendations for improvements and revisions to be<br />

required as a condition <strong>of</strong> approval <strong>of</strong> the development plan. The Division <strong>of</strong> Land Use Controls shall correlate<br />

departmental recommendations and submit them to the developer or his authorized agent not later than one (1) week<br />

prior to the Planning Commission meeting at which the plan is to be considered. Within six (6) weeks <strong>of</strong> receipt <strong>of</strong><br />

the development plan, the Planning Commission shall consider said plan and the recommendations <strong>of</strong> the above<br />

mentioned agencies and <strong>of</strong> the Division <strong>of</strong> Land Use Controls and shall approve, conditionally approve or disapprove<br />

the development plan within a reasonable time thereafter.<br />

2. A conditional approval may specify the limits within which the dimensions shown on the development plan<br />

may vary. The Planning Commission action shall be final, subject to appeal to the <strong>City</strong> Council.<br />

Upon approval or conditional approval <strong>of</strong> the development plan, permits may be issued for grading, uses,<br />

buildings and structures which are in substantial conformity with the approved development plan and the conditions<br />

imposed.<br />

3. No grading shall be commenced nor shall any building or structure be erected, moved, altered, enlarged, or<br />

rebuilt on a planned unit development site except in substantial conformity with the approved development plan and<br />

said conditions, except as otherwise provided herein. Substantial conformity shall be determined by the Chief <strong>of</strong><br />

Building and Zoning, or in case <strong>of</strong> disagreement with the developer, by the Planning Commission.<br />

4. Revised development plans shall be submitted and processed in the same manner as the original development<br />

plan. When approved, such revised development plan shall automatically supersede any previously approved plan.<br />

(Ord. 3710, 1974; Ord. 3045, 1965.)<br />

28.36.030 Uses Permitted.<br />

A. Any use permitted in the basic zone classification.<br />

B. Planned unit developments containing:<br />

1. Single-family and/or two-family dwellings.<br />

2. Multiple-family dwellings, provided no building shall contain more than four (4) dwelling units.<br />

3. Accessory buildings and uses, such as recreation facilities, parking lots, carports and garages, private and<br />

public parks, open spaces and areas for public and private use.<br />

C. A State-licensed Small Family Day Care Home.<br />

D. A State-licensed Large Family Day Care Home, subject to the provisions in Chapter 28.93.<br />

E. State authorized, licensed, or certified uses to the extent they are required by State Law to be allowed in<br />

residential zones. (Ord. 4912, 1995; Ord. 4858, 1994; Ord. 3710, 1974; Ord. 2585, 1957.)<br />

28.36.045 Property Development Standards.<br />

1. Planned Unit Development Site. A planned unit development site is a lot, or combination <strong>of</strong> lots which<br />

comprise an area <strong>of</strong> land under, or committed to, a development plan which has been filed with the Planning<br />

Commission in accordance with the terms <strong>of</strong> this chapter.<br />

2. Site Area. The site area shall exclude existing public street rights-<strong>of</strong>-way and any non-residential use;<br />

however, open recreation, such as golf courses, putting greens, swimming pools, cabana areas, tennis and badminton<br />

courts and like facilities, shall not be construed as non-residential uses.<br />

494 rev. 9/30/08

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