Additional Creek Buffer Ordinance Q&A Session Scheduled for Wednesday, April 2

The initial public comment period on the Draft Creek Buffer Ordinance began January 15, 2025 and ends March 24, 2025. For any stakeholders with remaining questions on the current Draft Ordinance, the City of Santa Barbara is hosting a question-and-answer video conference on Friday, March 21 from 11:30 a.m. - 12:30 p.m. City staff will be available via Zoom to discuss the Draft Ordinance.

Join Zoom Meeting 

Additionally, we continue to offer individual appointments to meet with City staff. Community members are also welcome to contact Melissa Hetrick, Resilience Program Supervisor, at MHetrick@SantaBarbaraCA.gov or (805) 991-2447 with any questions or concerns.  

To review the Draft Ordinance, Frequently Asked Questions, screening maps, and more, please visit SantaBarbaraCA.gov/CreekBuffers. Staff have held over 100 meetings with community stakeholders, which have been extremely useful in assessing how the Draft Ordinance may impact different situations, and to help the City assess edits to consider moving forward. Please feel free to reach out to staff to continue the conversation.

Following this initial comment period, City staff will be making edits to the Draft Ordinance and will release a revised Ordinance for review in late summer. At that point, there will be several public meetings and opportunities to touch base with stakeholders about changes made before a final Draft Ordinance is forwarded to Planning Commission and City Council for review in late fall.   

Please see answers below to some of the Frequently Asked Questions we are receiving.

Creek buffers or setbacks are already required for many permit applications and to comply with State required environmental review. However, for most of the City, the buffer distances are determined on a case-by-case basis, based on applicant-prepared, and often costly, technical reports. This process has led to inconsistent outcomes over time and prolonged development application reviews. The intent of draft ordinance is to take the guesswork out of the permitting process and to provide clear and objective standards for creek buffers that apply consistently and efficiently to creek side properties citywide. Additionally, the City’s General Plan and Housing Element contain policies directing the creation of a creek buffer ordinance that further provides clear and objective standards for development to prevent cumulative impacts related to hazards, safety, and creek habitats over time from new development.  

What is considered a creek? 
The Draft Ordinance applies to creeks that meet the following definition: 

“Creek” means a naturally occurring watercourse that conveys water seasonally or year around and having a bed and banks that may be in a natural state or artificially stabilized.

This definition is consistent with the definition of a creek in the State Fish and Wildlife Code and the City’s Coastal Land Use Plan. A screening map showing the general location of various types of creeks can be found at SantaBarbaraCA.gov/CreekBuffers. Please note this map is to be used only for screening purposes. The map is not part of the Ordinance, but is simply a guide to indicate where a creek may be. The final determination on whether a drainage meets the definition of “minor creek” would be based upon on the ground conditions. Major creeks are identified in the Ordinance and were determined based on the size of the watershed or drainage area above the creek. 

What are the creek buffer distances proposed? 
The Draft Ordinance proposes buffer distances between creeks and new development of:

• Major creeks: 50 feet from top of bank

• Public flood control sections of major creeks: 35 feet from top of bank

• Minor creeks: 15 feet from top of bank

How will the ordinance affect existing structures? Will structures in the buffer areas be taken away? 
Existing legal development and structures in the buffers can remain in place and be repaired and maintained. Remodels and minor alterations such as kitchen remodels, window replacements, replacement of roof shingles, and repaving of surfaces can occur. Additions can also occur if the portion of the structure added is outside the buffer. The City is not proposing to remove any existing legal structures or development as part of this Draft Ordinance. The Draft Ordinance sets limitations only on new structures or substantially redeveloped structures (more than 50% of structural components are rebuilt). 

What happens when a structure in the buffer is destroyed or completely rebuilt? 
In these cases, the replacement structures or development would need to be located outside the creek buffer area when possible. If there is no space on the lot for reconstruction outside the buffer of the same size house as previously existed, then the structures may be rebuilt on the lot to at least the previously existing square footage within the buffer if they are located as far away from the creek as possible and safety findings can be made for the life of the structure. While this is consistent with neighboring jurisdictions' creek ordinances (County of Santa Barbara and City of Goleta), edits to the Ordinance to clearly exempt rebuilding in place following certain disasters (such as fire) are additionally being considered.  

What kind of new structures or development are allowed within buffers? 
Fences, lighting, storm water management devices, pathways, ADA improvements, and other minor developments are among the types of new development allowed within buffers without additional permits other than what is currently required by the City.  Additionally, actions such as vegetation management and home hardening for wildfire prevention are exempt from the Ordinance. Allowed new development in buffers is an area of the Draft Ordinance that is likely to be modified and is an area where comments from community members are particularly useful.  

To view the Draft Ordinance, Frequently Asked Questions, and screening maps or to schedule an appointment with staff, please visit SantaBarbaraCA.gov/CreekBuffers.