§ 21-6. Discretionary decision-maker jurisdiction and designation of responsibility.

(a)

Planning Commission or Zoning Administrator. The planning commission shall be the decision-maker, except that within the area of Santa Barbara County located outside of the Montecito Community Plan area the zoning administrator shall be the decision-maker for the following:

(1)

Tentative parcel maps that are determined by the county to be exempt from environmental review;

(2)

Lot line adjustments, as defined in State Subdivision Map Act, California Government Code Section 66412(d), and modification of approved lot line adjustments, of parcels located within the rural area and existing developed rural neighborhoods, as designated by the Santa Barbara County Comprehensive Plan, that do not exceed a ten percent increase or decrease in the area of the smallest existing parcel.

(3)

Lot line adjustments, as defined in State Subdivision Map Act, California Government Code Section 65412(d), and modification of approved lot line adjustments, of parcels located within the urban and inner-rural areas as designated by the Santa Barbara County Comprehensive Plan that result in four or fewer parcels.

(4)

Modifications to approved tentative and recorded maps, where the map is under the approval jurisdiction of the zoning administrator, pursuant to this section and unrecorded lot splits approved pursuant to Ordinance 791 as amended; and

(5)

Conditional Certificates of Compliance. The planning commission or zoning administrator shall make such investigations, reports, and recommendations as are necessary to accomplish the intent and purposes of this chapter and shall have the authority to approve, conditionally approve, or deny projects within their respective jurisdictions. The action of the planning commission or zoning administrator shall be final unless appealed to the board of supervisors as provided in section 21-71.4 (Appeals).

(b)

Board of Supervisors. The Santa Barbara County board of supervisors shall be the decision-maker for all final maps bearing the county surveyor's statement, all tentative maps including tentative parcel maps which are companion to other discretionary cases under the approval jurisdiction of the board of supervisors, and shall have jurisdiction for all appeals of decisions under this chapter by the zoning administrator, county surveyor or planning commission, as provided in article I, division 10, section 21-71.4. (Appeals).

(c)

Applications That Are Within the Jurisdiction of More Than One Decision-Maker. When two or more discretionary applications are submitted that relate to the same project, pursuant to either this chapter 21 or chapter 35 of the Santa Barbara County Code, and the applications would be under the separate jurisdictions of more than one decision-maker, all applications for the project shall be heard by the decision-maker with the highest jurisdiction as follows:

(1)

Board of supervisors;

(2)

Planning commission;

(3)

Zoning administrator.

If the board of supervisors is the decision-maker on a tentative map including tentative parcel map due to a companion discretionary application(s) under articles II, III or IV of the County Code, then either the planning commission or zoning administrator which would otherwise have had jurisdiction over the tentative map including tentative parcel map, shall make an advisory recommendation to the board of supervisors.

(d)

Planning Director. The planning director or designee shall be responsible for the following:

(1)

Processing applications through the public hearing and review process, including notifying and furnishing information to the affected persons and agencies as provided herein, presenting material and data to the decision-maker and making recommendations regarding approval, approval with conditions or denial of the application, and for ensuring compliance with the conditions of approval and the requirements of this chapter, as such conditions and requirements relate to compliance with the comprehensive plan, chapter 35 of the Santa Barbara County Code, and other relevant planning documents, for the following:

(A)

Subdivisions;

(B)

Lot line adjustments;

(C)

Modifications to approved tentative and recorded maps, unrecorded lot splits approved pursuant to Ordinance 791 as amended and approved lot line adjustments; and

(D)

Conditional certificates of compliance.

(2)

Making recommendations relative to grading, building setbacks from natural and manmade slopes, earth stability, soil erosion control and parcel drainage, and for inspection and ensuring compliance with the conditions of approval and requirements of this chapter pertaining to such items.

(e)

Director of Public Works. The director of public works or designee shall be responsible for making recommendations relative to roads, improvements within road rights-of-way and drainage affecting roads, and for inspecting and ensuring compliance with the conditions of approval and the requirements of this chapter pertaining to such items.

(f)

Health Officer. The county health officer or designee shall be responsible for making recommendations relative to water supply, sewage disposal, and other matters affecting health, and for inspecting and ensuring compliance with the conditions of approval and the requirements of this chapter pertaining to water supply, sewage disposal and health requirements.

(g)

Flood Control and Water Conservation District Director. The flood control and water conservation district directory or designee shall be responsible for making recommendations relative to control of flooding, drainage ways, and erosion control and for inspecting and ensuring compliance with the conditions of approval and the requirements of this chapter pertaining to such items.

(h)

Fire Chief. For projects within the county fire protection district, the fire chief or designee shall be responsible for making recommendations relative to fire prevention and means for controlling fires and for inspecting and ensuring compliance with the conditions of approval and the requirements of this chapter pertaining to such items. For projects outside of the county fire protection district, the appropriate fire chief, or designee, shall be responsible for making recommendations relative to fire prevention and means for controlling fires.

(i)

Parks Director. The parks directory or designee shall be responsible for making recommendations relative to open space and improvements thereof, specimen trees to be preserved, landscaping in accordance with development plans and inspecting and ensuring compliance with the conditions of approval and the requirements of this chapter pertaining to such items.

(j)

County Surveyor. The county surveyor or designee shall be responsible for coordinating recommendations of various county departments concerned with final and parcel maps, lot line adjustments, and conditional certificates of compliance and clearances after the decision-maker has approved the particular tentative map, lot line adjustment or conditional certificate of compliance concerned. The county surveyor, or designee, shall also be responsible for the approval of voluntary mergers and certificates of compliance, for determining whether an application for a certificate of compliance shall be filed as a conditional certificate of compliance and for issuing notices of violation of the Subdivision Map Act or subdivision laws under this chapter.

(k)

County Administrator. The county administrator, or designee, shall be responsible for making recommendations for annexation to county service areas, adhering to the county street lighting policy and ensuring compliance with the conditions of approval and requirements of this chapter pertaining to such items.

(l)

Subdivision/Development Review Committee.

(1)

A subdivision/development review committee is hereby established and shall have the following powers, duties, and authorities:

(A)

To consider and make recommendations upon: (1) subdivision maps, both tentative and final and parcel maps; (2) lot line adjustments; (3) conditional certificates of compliance; and (4) modifications to recorded maps, unrecorded lot split plats approved pursuant to Ordinance No. 791 as amended and approved lot line adjustments, as provided in this chapter.

(B)

To consider and make recommendations upon development plans, specific plans and conditional use permits pursuant to the provisions of articles II, III and IV of chapter 35 of the Santa Barbara County Code as the same may now exist or may hereafter be amended or codified.

(C)

To consider and coordinate recommendations of county departments on all matters which may hereafter be assigned to the subdivision/development review committee by the director of planning and development, the zoning administrator, the planning commission or the board of supervisors.

(2)

The subdivision/development review committee shall have nine members who shall be personnel of the following county offices and/or departments:

(A)

Planning and Development Department. The director and the building official or their designated representatives.

(B)

Public Works Department. The deputy director of roads/transportation and the deputy director of flood control/water resources or their designated representatives.

(C)

Surveyor's Office. The county surveyor or designated representative.

(D)

Public Health Department. The county health officer or designated representative.

(E)

Fire Department. The fire chief or designated representative.

(F)

Parks Department. The director or designated representative.

(G)

The director of the air pollution control district or designated representative.

Other county officers and their assistants and deputies may sit as advisory members.

(3)

The following rules shall apply to the subdivision/development review committee:

(A)

Subdividers and all applicants and their agents, surveyors, engineers and representatives shall be entitled to be present at meetings and to discuss with the committee its recommendations and proposed reports.

(B)

The subdivision/development review committee is hereby authorized to establish such additional rules or procedure and elect such officers as it deems appropriate to carry on its business.

(C)

Each member of the subdivision/ development review committee shall make a written report to the decision-maker as to any recommendations it may have with respect to the subdivision, lot line adjustment, modifications to recorded maps, unrecorded lot split plats approved pursuant to Ordinance No. 791 as amended and approved lot line adjustments, or conditional certificate of compliance and its bearing on the functions of that department or agency. One copy of each such report shall be forwarded to the subdivider and one copy to the subdivider's surveyor or engineer at least seven calendar days prior to the date the decision-maker agency is to take action.

(m)

The decision-maker shall approve, conditionally approve, or disapprove the subdivision map, both tentative and final and parcel maps, lot line adjustment, merger, certificate of compliance, conditional certificates of compliance, modifications to recorded maps, unrecorded lot split plats approved pursuant to Ordinance No. 791 as amended, approved lot line adjustments and notices of violation within the time allowed by the applicable provisions of the California Government Code as the same now are or may hereafter be amended, or within any additional time agreed to by the subdivider or owner, if such additional time is allowed by law. The decision-maker shall report its action, in writing, to the subdivider or owner, the owner or subdivider's surveyor or engineer, and to each department or agency of the county concerned with conditions of approval imposed by the decision-maker. At this time, the decision-maker shall indicate all streets that are not intended to be offered for dedication as public streets on the final map, and all streets which are to be offered for dedication but not to be accepted at the time of approval of the final map.

(Ord. No. 1722, pt. 1, § 3; Ord. No. 2199, §§ 2, 3; Ord. No. 3259, § 1; Ord. No. 4019, § 2; Ord. No. 4157, § 2: Ord. No. 4436, § 5; Ord. No. 4525, §§ 1, 2; Ord. No. 4805, §§ 3, 4, 10-18-2011; Ord. No. 4932, § 1(B), 8-25-2015)