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SANTA BARBARA COUNTY
~CLE III OF CHAPTER 35
OF ThE
COUNTY CODE ZONING ORDINANCE
PLKNNING AND DEVELOPMENT
123 EAST ANAPAMU STREET
SANTA BARBARA, CALIFORNIA
93101
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County of Santa Barbara
I ~ ~ :::1;zI ~IIj;I Q em *1 ER UN
PLANNING AND DEVELOPMENT
COUNTY OF SANTA BARBARA
INLAND ZONING ORDINANCE
Article III of Chapter 35
Santa Barbara County Code
Republished: May 1994
Replacement Pages: May 1995
August 1996
Planning and Development
123 East Anapamu Street
Santa Barbara, CA 931O~
805 568-2000
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NOTE:
This document is updated on a periodic basis in order to include new
provisions adopted by the Board of Supervisors. Very recently
adopted, or pending, changes may not yet be incorporated into this
copy. Please check with the Zoning Counter, located on the second
floor at 123 E. Anapamu Street, for information on amendments
approved subsequent to the "Republished" or "Revised" date shown on
the front of this Publication.
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TABLE OF CONTENTS
Page
DWISION 1 IN GENERAL
Sec. 35-200 Title and Purpose............,.........................., . . . . 1
Sec. 35-201 Applicability & Exemptions....................................2
Sec. 35-202 Zoning District Designations & Applicability..................3
Sec. 35-203 Overlay District Designations & Applicability.................5
Sec. 35-204 Adopting Zoning Ordinance & Maps..............................6
Sec. 35-205 Incorporation of Existing Zoning Ordinances...................7
Sec. 35-206 Uncertainties in District Boundanes...........................8
Sec. 35-207 Conflicts with Other County Regulations.......................9
Sec. 35-208 Fees........... , . ........................................10
DIVISION 2 DEFINITIONS
Sec. 35-209 Definitions............................................... , . 11
DIVISION 3 DEVELOPMENT STANDARDS
Sec. 35-210 General.................... ................................37
Sec. 35-211 Archaeology.................................................37
Sec. 35-212 Visual Resources...................... . . . ............... 38
Sec. 35-213 Flood Hazard................................................38
Sec. 35-214 Parks/Recreation............................................39
Sec. 35-215 Environmental Resource Management...........................39
DIVISION 4 ZONING DISTRICTS
Sec. 35-216 AG-I, Agriculture I.................................... , . . , 41
Sec. 35-217 AG-Il, Agriculture II....... ...............................46
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Sec. 35-218 RR, Residential Ranchettes 51
Sec. 35-219 R-1/E-1, Single-Family Residential . 54
Sec. 35-220 - R-2, Two-Family Residential...................................60
Sec. 35-221 - EX-1, One-Family Exclusive Residential........................64
Sec. 35-222 - DR, Design Residential........................................68
Sec. 35-223 - PRD, Planned Residential District.............................73
Sec. 35-224 - SLP, Small ILot Planned Development...........................80
Sec. 35-224a - C-1-GOL, Limited Commercial-Goleta......................... 84
Sec. 35-224b - C-i, Limited Commercial . , . . . ,..........................88
Sec. 35-225 - C-2, Retail Commercial........................................92
Sec. 35-226 - C-3, General Commercial .................................. 97
Sec. 35-227 - C-S, Service Commercial......................................101
Sec. 35-228 - CH, Highway Commercial ......................................105
Sec. 35-229 - CN, Neighborhood Commercial..................................108
Sec. 35-230 - C-V, Resort/Visitor Serving Commercial.......................111
Sec. 35-23 1 - SC, Shopping Center.........................................114
Sec. 35-232 - P1, Professional and Institutional...........................118
Sec. 35-233 - M-RP, Industrial Research Park...............................121
Sec. 35-233A- M-S-GOL, Service Industrial-Goleta...........................125
Sec. 35-234 - M-1, Light Industry..........................................129
Sec. 35-235 - M-2, General Industry........................................133
Sec. 35-236 - M-CR, Coastal Related Industry...............................136
Sec. 35-237 - MU, Mixed Use................................................138
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M~y 1995
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Sec. 35-238 PU, Public Works, Utilities and Private
Service Facilities 144
Sec. 35-239 REC, Recreation ...............................................147
Sec. 35-240 RES, Resource Management . . ..................................150
Sec. 35-240A- MT-GOL, Mountainous Goleta....................................153
Sec. 35-241 MHP, Mobile Home Planned Development...........................156
Sec. 35-242 MHS, Mobile Home SubdMsion . . . ...................... . . . . , 160
Sec. 35-243 OT, Old Town Districts.........................................164
DIVISION 5 OVERLAY DISTRICTS
Sec. 35-246 D, Design Control..............................................174
Sec. 35-247 F, Airport Approach Area........................, ,....... . . . 175
Sec. 35-248 AS, Antiquated Subdivision . ..................................185
Sec. 35-249 Hazardous Waste Management Facility........................... 186
Sec. 35-250 MIX-GOL, Mixed Use-Goleta......................................190
Sec. 35-250A- AH, Affordable Housing ......................................191
Sec. 35-250B- ESH-GOL, Environmentally Sensitive Habitat Area-Goleta . . . 196
Sec. 35-250C- RC-GOL, Riparian Corridor-Goleta . . . . . ,..................200
Sec. 35-250D- FA, Flood Hazard Area Overlay District........................203
DIVISION 6 PARKING REGULATIONS
Sec. 35-251 Purpose and Intent.............................................204
Sec. 35-252 Applicability..................................................204
Sec. 35-253 Maintenance of Parking Spaces..................................204
Sec. 35-254 Recalculation of Parking Spaces Upon Change of Use.............204
Sec. 35-255 Required Number of Spaces. General ........................, . 204
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M~y 1995
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Sec. 35-256 Required Number of Spaces. Residentia] . 205
Sec. 35-257 Required Number of Spaces. Misc. Non-Resdidential............206
Sec. 35-258 Required Number of Spaces. Commercial........................207
Sec. 35-259 Required Number of Spaces. Industrial........................208
Sec. 35-260 Required Number of Spaces. Recreational Fac..................208
Sec. 35-261 Required Number of Spaces. Agriculture . . . . ...........209
Sec. 35-262 Size, Location and Design....................................209
Sec. 35-263 Landscape/Screening of Parking Areas.........................210
Sec. 35-264 Off-Street Loading Facilities................................211
Sec. 35-265 Driveways....................................................212
DIVISION 7 GENERAL REGULATIONS
Sec. 35-266 Purpose and Intent...........................................220
Sec. 35-267 Accessory Structures.........................................221
Sec. 35-268 Guest House, Artist Studio, Pool House/Cabana................223
Sec. 35-269 Home Occupations.............................................225
Sec. 35-270 Swimming Pools & Spas........................................227
Sec. 35-271 Solar Panels.................................................228
Sec. 35-272 Fences, Walls, and Gateposts.................................229
Sec. 35-273 Vision Clearance . . . . ,...................................231
Sec. 35-274 General Setback Regulations..................................232
Sec. 35-275 Through, Corner, Interior and Odd-Shaped Lots................234
Sec. 35-276 - Height......................................................235
Sec. 35-277 - Area of Lots................................................236
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Sec. 35-278 Width of Lots 237
Sec. 35-279 Subdivision of Land . 238
Sec. 35-280 Temporary Tract Offices in Subdivision.......................240
Sec. 35-281 Trailer Use..................................................241
Sec. 35-282 Mobile Homes on Foundations.....................,............247
Sec. 35-283 Carnivals, Circuses, etc..................................... 248
Sec. 35-285 Parking Lot Sales............................................249
Sec. 35-286 Temporary Second Dwellings......................., * . . ....250
Sec. 35-287 Signs and Advertising Structures.............................251
Sec. 35-288 Exterior Lighting....................... ....................252
Sec. 35-289 Landscape Plan.................................., . . . . , . , , . . . 253
Sec. 35-290 Pipelines....................................................254
Sec. 35-291 Attached Residential Second Units............................259
Sec. 35-291A- Detached Residential Second Units...........................265
Sec. 35-292 Historical Parks.............................................271
Sec. 35-292a- Family Day Care.............................................273
Sec. 35-292b- Ridgeline and Hillside Development Guidelines...............274
Sec. 35-292c- Local Design Standards......................................276
Sec. 35-292d- Applications that are Within the Jurisdiction
of More Than One Final Decision Maker..........................277
Sec. 35-292e- Hazardous Waste Generators..............,...................278
Sec. 35-292f- Density Bonus for Affordable Housing Projects...............279
Sec. 35-292g- Affordable Housing Development Regulations..................283
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DIVISION 8 ENERGY FACILITIES
Sec. 35-293 Purpose, Intent, and Applicability 284
Sec. 35-294 Definitions 284
Sec. 35-295 Oi] Drilling and Production 285
Sec. 35-296 Treatment and Processing Facilities 291
Sec. 35-297 Refining . 299
Sec. 35-298 Marine Terminals..........................................302
Sec. 35-299 Cogeneration Facilities...................................305
Sec. 35-300 Wind Energy Systems.......................................307
DIVISION 9 NONCONFORMING USES AND STRUCTURES
Sec. 35-305 Purpose and Intent........................................ 310
Sec. 35-306 Nonconforming Use of Land, Buildings, and
Structures............................................310
Sec. 35-307 Nonconforming Buildings and Structures....................312
Sec. 35-308 Construction in Progress..................................313
Sec. 35-309 Termination of Nonconforming Uses.........................313
Sec. 35-310 Unpermitted Expansion of Nonconforming Uses...............314
Sec. 35-311 Termination Procedure.....................................314
DIVISION 10 PERMIT PROCEDURES
Sec. 35-314 Land Use Permits..........................................317
Sec. 35-315 Conditional Use Permits...................................324
Sec. 35-316 Variances.................................................339
Sec. 35-317 Development Plans.........................................341
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Sec. 35-318 Specific Plans 351
Sec. 35-319 Oil & Gas Exploration & Production Plans . 356
Sec. 35-320 Reclamation Plans . 358
Sec. 35-321 Modifications . . 373.1
DIVISION 11 ADMINISTRATION
Sec. 35-325 Ordinance Amendments and Rezones...........................374
Sec. 35-326 Noticing Requirements......................................378
Sec. 35-327 Appeals..................................................., 379
Sec. 35-328 Re-Application.............................................381
Sec. 35-329 Board of Architectural Review..............................382
Sec. 35-330 Legal Procedure and Enforcement............................385
Sec. 35-331 Validity...................................................393
Sec. 35-332 Responsibility and Authority of Director...................393
DIVISION 12 SUMMERLAND COMMUNITY PLAN OVERLAY
Sec. 35-350 General....................................................394
Sec. 35-351 Summerland-SUM................ . . . . . ..................394
DIVISION 13 GOLETA-GOL COMMUNITY GENERAL PLAN OVERLAY
Sec. 35-352 General....................................................401
DIVISION 14 LOS ALAMOS COMMUNITY PLAN (LA) OVERLAY
Sec. 35-353.1- General..................................................402
Sec. 35-353.2- Applicability............................................402
Sec. 35-353.3- Setbacks.................................................402
Sec. 35-353.4- Findings..................., ,...........................402
Article !II Inland Zornng Oitlinancc
May 1994
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LIST OF TABLES
5-1: Airport Clear and Approach Zone Dimensions...................178
6-1: Parking Table................................................218
LIST OF FIGURES
5-1: Airport Clear and Approach Zone Diagram......................179
6-1: Parallel Parking Diagram.....................................213
6-2: Angle Parking One Way Traffic Diagram........................214
6-3: Anne Parking Two Way Traffic Diagram.........................216
APPENDIX A TABLE OF ORDINANCES WHICH ADOPTED ARTICLE III
AND ALL SUBSEQUENT AMENDMENTS
APPENDIX B SUBSTANTIAL CONFORMITY DETERMINATION GUIDELINES
APPENDIX C GUIDELINES FOR MINOR CHANGES TO LAND USE AND
COASTAL DEVELOPMENT PERMITS
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August 1996
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DIVISION 1.
IN GENERAL.
Sec. 35-200. Title and Purpose.
The regulations contained in this Article shall be known as and referred to as the
"Article III Zoning Ordinance of Santa Barbara County."
This Article serves to implement the adopted Comprehensive (General) Plan of the
County of Santa Barbara by classif~ng and regulating the uses of land, buildings, and
structures within the applicable unincorporated area of the County of Santa Barbara as
defined in Sec. 35-201. This Article is adopted to protect and to promote the public health,
safety, comfort, convenience, prosperity, and general welfare. More specifically, the purpose
of this article is to:
1. Provide a guide for orderly growth and development of the County.
2. Encourage the most appropriate uses of land.
3. Maintain and protect the value of property.
4. Conserve and protect the natural resources of the County.
5. Prevent overcrowding of land and avoid undue concentration of population.
6. Protect the character and stability (social and economic) of agricultural, residential,
commercial and industrial areas.
7. Create a comprehensive and stable pattern of land uses upon which to plan
transportation, water supply, sewerage and other facilities and public utilities.
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Sec. 35-201. Applicability and Exemptions.
The provisions of this Article shall apply to all development and improvements
undertaken in the unincorporated area of the County of Santa Barbara except for the area
designated as the Coastal Zone as defined in Sec. 35-209. and the area subject to the
regulations of the Article IV Zoning Ordinance of Santa Barbara County (see Sec. § 35-400
and following), with the following
exceptions:
1. Development by the Federal Government on leased or Federally owned land.
2. Development by the County of Santa Barbara or any district of which the Board of
Supervisors is the governing body.
3. Development within any state university or college.
4. Development by the State of California or an agency of the State acting in its
sovereign (governmental) capacity.
5. Certain facilities of local agencies as defined in Gov't. Code §53090 et. seq.
(Amended by Ord. 3941, 9/10/9]; Ord. 4085, 12/15/92)
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Sec. 35-202. Zonin District Desi ations and A licabili
The general categories of districts established by this Article, the individual districts,
and the symbols used to represent said districts, are as follows:
Agricultural Districts
AG-I Agriculture I
AG-Il Agriculture II
2. Residential Districts
RR Residential Ranchette
R-1/E-1 Single Family Residential
R-2 Two-Family Residential
EX- 1 One-Family Exclusive Residential
DR Design Residential
PRD Planned Residential Development
SLP Small Lot Planned Development
3. Commercial Districts
c-i Limited Commercial (Added by Ord. 4145, 2/8/94)
C-2 Retail Con~mercial
C-3 General Commercial
C-S Service Commercial
CH Highway Commercial
CN Neighborhood Commercial
C-V Resort/Visitor Serving Commercial
SC Shopping Center
P1 Professional and Institutional
C-1-GOL Limited Commercial - Goleta (Added by Ord. 4]]], 7/20/93)
4. Industrial Districts
M-RP Industnal/Research Park
M-1 Light Industry
M-2 General Industry
M-CR Coastal Related Industry (;4mended by Ord. 3939, 9/3/91)
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Lm]NERAL
M-S-GOL Service Industrial Goleta (Added by Ord. 411], 7/20/93)
5. Other Districts
PU Public Utilities
REC Recreation
RES Resource Management
MT-GOL Mountainous Goleta (Added by Ord. 4111, 7/20/93)
MU MixedUse
MHP Mobile Home Planned Development
MHS Mobile Home Subdivision
OT R Old Town Residential
OT R/GC Old Town Residential/General Commercial
OT R/LC Old Town Residential/Light Commercial
The regulations of this Article shall be applied to land upon the adoption of zoning
ordinances with zoning maps adopted pursuant to Secs. 35-204 and 35-205. The boundaries
of the districts and the district symbols are delineated on the zoning maps in said zoning
ordinances. The district regulations corresponding to the symbol so shown shall apply within
district areas delineated on said zoning maps.
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Sec. 35-203. Overlay District Designations and Applicability.
In addition to the regulations governing the zoning districts described in Sec. 35-202,
the following overlay districts and the symbols used to represent them on the zoning maps
are established as follows:
D Design Control
F Airport Approach Area
AS Antiquated Subdivision
HWMF Hazardous Waste Management Facility Overlay District
(`4dded by Ord. 4050, 5/19/92)
AH Affordable Housing (Added by Ord. 4111, 7/20/93;Amendedby Ord. 4128, 11/16/93)
FA Flood Hazard Area (Added by Ord. 4145, 2/8/94)
MIX-GOL Mixed Use-Goleta (Added by Ord. 4111, 7/20/93)
ESH-GOL Environmentally Sensitive Habitat-Goleta (Added by Ord. 4111, 7/20/93)
RC-GOL Riparian Corridor-Goleta (`4dded by Ord. 4111, 7/20/93)
The regulations of the overlay district shall apply to the land in the same manner as
the zoning district regulations. Overlay regulations shall apply wherever the symbol and the
boundaries of the area are shown on the zoning maps. When a symbol for an overlay
district is added to a zoning district symbol, the regulations of the overlay district shall be
applicable in addition to the zoning district regulations. If any of the provisions of the
overlay district conflict with provisions of the zoning district regulations, the provisions which
are most restrictive shall govern with the exception of the AH Overlay. Within areas subject
to the AH Overlay where conflict occurs between the base zone district standards and the
provisions of the AH Overlay, the provisions of the Overlay shall apply. (Amended by Ord. 4128,
11/16/93)
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Sec. 35-204. Ado tin New Zonin Ordinances and Ma S.
Zoning ordinances and maps delineating the boundaries of districts set forth in this
Article and designating, by symbols, the zoning districts and overlay districts shall become
a part of this Sec. 35-204 by using the numbers 35-204.1, and -204.2., etc., and shall have
the same force and effect as if the provisions boundaries, location, and lines of the districts
and territory therein delineated and all provisions, notations, references, and other
information set forth in said ordinances and set forth and shown on said maps were
specifically and fully set out and described in this Section.
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6 M~y 1994
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Sec. 35-205. Incorporation ofExisting Zoning Ordinances and Existing Development
Plans.
All the Sections of zoning ordinances previously adopted which added development
plans and zone district text provisions applicable to particular property by amendments to
Article IV of Ordinance No. 661 of the County of Santa Barbara and Development Plans
and Precise Plans previously adopted pursuant to Ordinance No. 661 are hereby
incorporated by reference into this section and shall have the same force and effect as if the
provisions of said sections were specifically and fully set out in this Section.
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Sec. 35-206. Uncertainties in District Boundaries.
Where uncertainty exists as to the boundaries of any district shown on the official
zoning maps, the following rules shall apply:
1. Where district boundaries approximately follow lot, alley, or street lines, such lot lines
and street and alley centerlines shall be construed as the district boundaries.
2. If a district boundary divides a parcel and the boundary line location is not otherwise
designated, the location of the boundary shall be determined by use of the scale
appearing on the Zoning Map.
3. Where a public street or alley is officially vacated or abandoned, the property formerly
in said street or alley shall be included within the district or districts of the adjoining
property on either side of the centerline of said vacated or abandoned street or alley
u~ess fee property line is otherwise in the abandoned street or alley.
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Sec. 35-207. Conflicts with other County Regulations.
If any provision of this Article conflicts with any provision of any regulation contained
in any previously adopted ordinance of the County, the provisions of this Article shall be
controlling.
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Sec. 35-208. Fees.
The County Board of Supervisors shah establish by resolution a schedule of fees for
processing the various applications required by this Article. All required fees shall be paid
at the time of filing the application with the Department of Planning and Development and
no processing shall commence until the fee is paid.
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DIVISION 2.
DEFINITIONS
Sec. 35-209. Definitions.
For the purpose of this Article, certain terms and words are herewith defined as
follows:
Words used in the present tense shall include the future tenses; words in the singular
number include the aural and words in the plural number include the singular except where
the natural construction of the writing indicates otherwise. The word "shall" is mandatory
and not directory and the word "maytt is permissive.
ABUT: To physically touch or border upon; or to share a common property line
ACCESSORY AGRICULTURAL BUILDING OR STRUCTURE: An accessory building
or structure designed and constructed primarily for use and used in housing farm implements
or supplies, hay, grain, poultry, livestock or horticultural products where such buildings or
structures are located in agriculturally zoned areas as designated by County zoning
ordinances. (Amended by Ord. 3789, 01/09/90)
ACCESSORY BUILDING OR STRUCTURE: A building or structure located upon the
same building site as the building or use to which it is accessory, the use of which is
customarily incidental, appropriate and subordinate to the use of the principal building, or
to the principal use of the land. Such buildings or structures shall not contain kitchen or
cooking facilities and shall not be used as guest houses, artists studios, or
poolhouses/cabanas, unless specifically permitted for such uses, under the pertinent sections
of this Article. Except for guest houses, such buildings or structures shall not be used for
overnight accommodations. (Amended by Ord. 4063, 08/18/92)
ACCESSORY USE: A use that is incidental, related, appropriate and clearly subordinate
to the main use of the lot or building, which accessory use does not alter the principal use
of the subject lot or adversely affect other properties in the zone. (Amended by Ord. 3789,
01/09/90)
AERIAL APPROACH ZONE: An area at ground level that begins at the end of each
runway and extends under the path of landing or departing aircraft to a distance determined
by the characteristics of the runway.
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AFFORDABILITY: As defined in the Housing Element of the County Comprehensive
Plan.
AGRICULTURAL DEVELOPMENT: Any agricultural building, structure, practice, or
operation that a) requires a building, grading, or brush-clearing permit on land designated
for agriculture; b) is located on land which has had no history of cultivation; and/or c) is
on land not designated for agriculture. A permit solely for plumbing or electricity shall not
constitute a standard building permit. (Amended by Ord. 3941, 9/10/91)
AGRICULTURAL IMPROVEMENT: Agricultural activities or structures on agriculturally
designated land which are not subject to building, grading, or brush clearing permits. These
activities and structures may be subject to special agricultural building, agricultural grading,
or special agricultural brush-clearing permits. (Amended by Ord. 3941, 9/10/91)
AGRICULTURAL SUPPORT USE: Uses such as the sorting and processing of local fruits
and vegetables, wineries, or feed distribution; that are a necessary and integral part of
maintaining on-premise production and marketing, and that are directly associated with on-
site agricultural or ornamental crop, or animal raising operations. Other uses permitted by
Conditional Use permit in an agricultural district such as oil drilling are not to be construed
as an agricultural support use. (Amended by Ord. 3941, 9/10/91)
AGRICULTURE: The production of food and fiber, the growing of plants, the raising and
keeping of animals, aquaculture, and the preparation for sale and marketing of products in
their natural form when grown on the premises, and the sale of products which are accessory
and customarily incidental to the marketing of products in their natural form grown on the
premises, but not including a slaughter house, fertilizer works, commercial packing or
processing plant or plant for the reduction of animal matter or any other similarly
objectionable use. (Amended by Ord. 3789, 01/09/90)
AIRPORT: Any area of land or water designed and set aside for the landing and take-off
of aircraft, including all necessary facilities for the housing and maintenance of aircraft.
ALLEY: A passage or way affording generally a secondary means of vehicular access to
abutting property and not intended for general traffic circulation.
ANIMAL HOSPITAL: A facility specifically designed for the medical or surgical treatment
of animals or pets where all of the animals are taken in from off the premises and where
the boarding of animals is limited to short-term care incidental to the hospital.
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APARTMENT: A room or suite of rooms within a building but comprising an independent
self-contained dwelling unit, with kitchen or cooking facilities, occupied or suitable for
occupation as a residence for eating, living and sleeping purposes.
APPURThNANT STRUCTURE: A structure that is auxiliary or accessory to another
structure or use.
AQUACULTURE: The culture of plants and animals in an aquatic medium.
ARTIST STUDIO: A building or structure, or portion of a building or structure, used as
a place of work by an artist or photographer, but shall not include commercial sales or
transactions on the property. An artist studio may include a restroom, however it shall
specifically exclude cooking facilities, or any other use that would allow the building or
structure to be used as a separate dwelling unit or guest house.
ATFACHED BUILDING: A building having at least five (5) lineal feet of wall serving as
a common wall with the building to which it is attached. (Amended by Ord. 3789, 01/09/90)
ATFACHED RESIDENTIAL SECOND UNIT: An attached dwelling unit on a permanent
foundation located in a single fainily, Residential Ranchette or Agriculture I zone district,
which provides complete, independent living facilities for one or more persons in addition
to a principal one-family dwelling. An attached residential second unit shall not be sold or
financed separately from the principal structure, but may be rented or leased. It shall
include permanent provisions for living, sleeping, eating, cooking, and sanitation, and shall
be located entirely on the same lot which contains the principal dwelling. (Amended by Ord.
4184, 3/14/95)
AWFENDANT STRUCTURE: See "Accessory Structure.
AUTO WRECKING YARD: See "Junk Yard.t1
AUTOMOBILE SERVICE STATION: A retail place of business engaged in supplying
goods and services generally required in the normal operation and maintenance of
automotive vehicles and to the fulfilling of motorists needs. These include sale of
hydrocarbon products, sale and servicing of tires, batteries, automotive
accessories and replacement items, washing and lubrication services, the performance of
minor automotive maintenance and repair, and the supplying of other incidental customer
services and products. Major motor repairs, painting and body and fender work and
Article III inland Zoning Ordinance
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DEF
mechanical car wash are excluded. Incidental products and sen~ces may include non-auto
related items such as refreshments provided the floor area devoted to such items is no
greater than one hundred ( 100) square feet. Amended by Ord. 4063, 8/18192)
BASEMENT: A story partly or wholly underground. A basement shall be counted as a
story if it has a minimum height of six and one-half (6.5) feet and more than one-half of its
height is above the average level of the adjoining ground.
BATHROOM: A restroom which also contains bathing facilities. (Amended by Ord. 3789,
01/09/90)
BLOCK: That property abutting on one side of a street and lying between the two nearest
intersecting or intercepting streets, or between the nearest intersection or intercepting
streets, and a railroad right-of-way, water course or body of water.
BOARDING HOUSE: A building where the business of keeping boarders is generally
carried on and which is held out, by the owner or keeper as a place where boarders are
kept.
BUILDING: A structure having a roof supported by columns or walls and intended for
shelter, housing or enclosure of any person, animal or chattel. A trailer shall not constitute
a building within the meaning of this Article.
BUILDING COVERAGE: The amount of land covered or permitted to be covered by
buildings or structures, excluding tennis courts and unenclosed swimming pools, usually
measured as a percent of a lot.
BUILDING HEIGHT: The vertical distance from the average finished grade of the lot
covered by the building to the highest points of the coping of a flat roof or to the mean
height of the highest gable of a pitch or hip roof.
BUILDING SITE: A single lot of land in one ownership, occupied or intended to be
occupied by a building or structure.
BUSINESS PLAN: A plan which each business with specified quantities of hazardous
materials (including wastes) must prepare under Chapter 6.95 of the California Health and
Safety Code. The business plan must include an inventory of hazardous materials onsite, an
emergency response plan and employee training procedures. (Added by Ord. 4050, 5/19/92)
BUSINESS SIGN OR STRUCTURE: My sign or structure designed, intended or used for
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advertising the particular business, product or service located or sold on the same premises
as that on which the sign or structure is located.
CABANA: See POOL HOUSE/CABANA (Amended by Ord. 3789, 01/09/90)
CARPINTERIA VALLEY CONSOLIDATION PLANNING AREA (CVCPA): An oil and
gas planning region that is bounded by the Santa Barbara/Ventura County boundary to the
east, the three-mile offshore limit line to the south, the City of Santa Barbara eastern
boundary to the west, and the ridge of the Santa Ynez Mountains to the north. (Amended by
Ord. 3939, 9/3/91)
CENTER LINE OR STREET: The center line of a street or highway as established by the
County Surveyor or Roads Division of the County or the city engineer of any city within the
County or by the California Department of Transportation. Where no right-of-way lines
have been so established, the center line of the traveled way shall be construed as the center
line. The center line of the service road of a freeway or limited access highway shall be
defined as the center line of the traveled way of such service road.
CERTIFIED FARMER'S MARKET: A location and operation where agricultural products
are sold by producers or certified producers directly to consumers pursuant to State of
California Direct Marketing Regulations (§ 1392. et seq., Title 3 of the California code of
Regulations), and the provisions of this Article. (Added by Ord. 4087, 12/15/92)
CHILD CARE CENTERg NON-RESIDENTIAL: Any state licensed child care facility,
other than a family day care home, where group care is provided for children in a structure
not used as a residential dwelling unit. Child Care Centers may include, but are not limited
to, infant centers, pre-schools, and extended day-care facilities. (Added by Ord. 4063, 8/18/92)
CHILD CARE CENTER RESIDENTIAL: Any state licensed child care facility, other than
a family day care home, where group care is provided in a residence for more than (12)
children, including children who reside at the home. Child Care Centers may include, but
are not limited to, infant centers, pre-schools, and extended day-care facilities. (Added by Ord.
4063, 8/18/92)
CHILD CARE FACILITY: Facilities providing non-medical care to children under eighteen
( 18) years of age in need of personal services, supervision, or assistance essential for
sustaining the activities of the individual on less than a 24-hour basis. Child care facilities
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DEF
include family day care and residential and non-residential child care centers. (Added by Ord.
4063, 8/18/92)
CLINIC: Any facility or institution which provides medical diagnoses, advise, treatment,
prescriptions, appliances, and/or apparatus to outpatient clients. A clinic shall not be used
as the principal office or place of practice by any doctor or other medical practitioner (see
Medical Office).
CLUB: A group of people organized for a common purpose to pursue common goals,
interests or activities and usually characterized by certain membership qualifications,
payment of fees and dues, regular meetings, and a constitution and bylaws, but not including
organizations, groups or associations the chief activity of which is to render a service
customarily carried on as a business or formed for the purpose of providing housing for its
members.
COAST~DEPENDENT DEVELOPMENT OR USE: Any development or use which
requires a site on, or adjacent to, the sea to be able to function.
COASTAL-RELATED DEVELOPMENT: Any use that is dependent on a coastal-
dependent development or use.
COASTAL ZONE: That land and water area of the County of Santa Barbara extending
seaward to the state's outer limit of jurisdiction, including all offshore islands, and extending
inland to the boundary shown on the official Coastal Zoning Maps as amended from time
to time.
COGENERATION: The sequential use of energy for the production of electrical and useful
thermal energy, as per Public Resource Code 25134.
COMMERCIAL LIVESTOCK FEED YARD: A place where livestock are confined for
feeding and where the number of livestock exceeds the normal carrying capacity of the
combined carrying and feeding capacity of the property.
COMMERCIAL VEHICLE: A vehicle or article of equipment used primarily in
conjunction with a business or industrial use, but not including vehicles or equipment used
primarily in conjunction with the permitted use of land in residential or agricultural districts.
COMPOSTING FACILITY: A commercial facility that is operated for the purpose of
producing compost from the organic material fraction of the waste stream and is permitted,
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designed, and operated in compliance with the applicable regulations contained in the
California Code of Regulations, Title 14, Division 7, as may be amended from time to time.
(,4dded by Or£L 4119, 9/21/93)
COMPREHENSIVE PLAN: The Santa Barbara Comprehensive (General) Plan which is
a long-term guide consisting of text and maps adopted by the County for land under its
jurisdiction, excluding the coastal zone, which addresses the location, type, and intensity of
land uses and includes resource protection and development policies.
CONDITIONAL USE: A use which requires a special degree of control because of
characteristics peculiar to it, or because of size, technological processes or type of
equipment, or because of the exact location with reference to surroundings, streets and
existing improvements or demands upon public facilities. Such control is to ensure that the
particular use at the particular
site on which such use is proposed to be located is compatible with other existing or
permitted uses surrounding the site. (Amended by Ord. 3789, 01/09/90)
CONDOMINIUM: An estate in real property consisting of a separately owned interest in
a portion of a parcel of real property or building, including residences, apartments, offices
or stores. A condominium may include, in addition, a separate legally protected interest in
other portions of real property.
CONFERENCE CENTER: A building or group of buildings with appurtenant land and
structures, used for the purpose of providing conference fac~ities for persons assembled for
periods of not to exceed sixty (60) days for study and discussion of educational, religious,
economic, scientific, charitable, or governmental subjects, including music, art, and drama,
and shall include the necessary housing, feeding, classroom, and recreational facilities
accessory and incidental thereto. A conference center shall not be used for retail sales to
the public or for groups assembled primarily for social purposes. The sixty (60) day
limitation may be extended in special circumstances by the Board of Supervisors on
recommendation by the Planning Commission.
CONJUNCTIVE USE: The joint siting and use of property, structures, and/or parking for
two or more non-residential land uses where the hours of operation and demand for parking
or services are such that efficiency and economy in services and land use is achieved.
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DEF
Typically the site is designed, and the days and hours of operation of the individual uses are
coHaboratively scheduled, so that a single site can serve more than one use. (Added by Ord.
4087, ]2/15/92)
CONTIGUOUS: See "abut.1
CONTRACTOR'S B UIPMENT STORAGE YARD: Storage yard operated by, or on
behalf of a contractor licensed by the State of California for storage of large equipment,
vehicles, or other materials commonly used in the individual contractor's type of business;
storage of scrap materials used for repair and maintenance of contractor's own equipment;
and buildings or structures for uses such as offices and repair facilities. Said yard shall not
include a junk yard.
COUNTY: The County of Santa Barbara.
COURT: An open, unoccupied space other than a yard on the same lot with a building or
buildings, and which is bounded on two or more sides by such building or buildings.
DAY CARE CENTER: See Child Care Center.
DAJRY: A place where three or more cows or goats are maintained for the purpose of
producing milk or other dairy products for sale.
DECISION-MAKER: The designated official or official body having decision-making
jurisdiction under the authority of this Article." (Added by Ord. 4228, 6/18/96)
DENSITY: The maximum number of dwelling units permitted per specified area of land.
DETACHED BUILDING: A building, no part of which is attached to any other building.
DETACHED RESIDENTIAL SECOND UNIT: A detached dwelling unit on a permanent
foundation located in a single family, Residential Ranchette or Agriculture I zone district,
which provides complete, independent living facilities for one or more persons in addition
to a principal one-family dwelling. A Detached Residential Second Unit shall not be sold
or financed separately from the principal dwelling, but may be rented or leased. It shall
include permanent provisions for living, sleeping, eating, cooking, and sanitation, and shall
be located entirely on the same lot which contains the phncipal dwelling. (Amended by Ord.
4184, 3/14/95)
DEVELOPMENT: Any change made by a person or persons to unimproved or improved
real property, including but not limited to placement, construction, reconstruction or
alteration of buildings or structures, landscaping improvements, mining, excavation, or
drilling operations. Agriculture is not defined as development within this ordinance.
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DINING COMMONS: A facility accessory to a residence hall and used primanly for the
purpose of preparing and sen4ng food to the occupants thereof and which excludes service
to the general public.
DIRECTOR: Director of the County Planning and Development Department.
DRIVE-THROUGH FACILITIES: A commercial establishment or an accessory facility of
a commercial establishment in which customers wait in line in their vehicles to progress to
a service point at which they briefly transact business from their vehicles
and then
immediately depart from the premises, including but not limited to, banks (motor banks,
drive-through banks, driveup banks) fast food establishments, and film deposit and pickup
establishments, but not including drive-in movies, drive-in car washes through which the
vehicles do not travel on their own power, drive-in food establishments where customers do
not wait in line in their vehicles for service, or gasoline service stations.
DRIVEWAY: A private right-of-way which affords vehicular access from a public or private
street as defined herein to abutting or adjacent property which is not and, under existing
subdivision and zoning regulations, cannot be divided into more than four (4) separate lots
or parcels.
DUPLEX: See "Dwelling, Two-Family."
DWELLING: A building or portion thereof designed for and occupied in whole or in part
as a residence or sleeping place, either permanently or temporarily, by one family and its
guests, with sanitary facilities and one kitchen provided within the unit. Interior access shall
be provided and maintained throughout all habitable portions of the dwelling. Additionally,
this interior access requirement shall not be satisfied by providing access through non-
habitable areas of the dwelling. Boarding or lodging houses, dormitories, and hotels shall
not be defined as dwelling units. (Amended by Ord. No. 3789, 01/09/90)
DWELLINGS ONE-FAMILY: A single detached dwelling designed for and occupied
exclusively by one (1) family alone, and having but one (1) kitchen.
DWELLING, TWO-FAMILY: A single detached dwelling designed for and occupied
exclusively by two (2) families alone, and having but two (2) kitchens.
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DEFI
ThINEFIONS
DWELLINGS MULTIPLE: A single detached building designed for and occupied
exclusively by three or more families living independently of each other as separate
housekeeping units, including apartment house, apartment hotels, condominiums, and flats,
but not including trailer courts or camps, motels, hotels or resort type hotels.
ELE~FRIC SUBSTATION: My receiving and transforming' substation other than a major
electrical transmission substation designed to distribute electricity to the customers of the
surrounding area.
EMERGENCY SHELTER: A permanent supervised shelter or halfway house that provides
temporary accommodations, up to 30 consecutive days and 90 days within a 12 month
period, to individuals who have lost a permanent residence. (Added by Ord. 412w 11/16/93)
ENERGY FACILITY: My public or private processing, producing, generating, storing,
transmitting, or recovering facility for electricity, natural gas, petroleum, coal, or other source
of energy.
ENVIRONMENTALLY SENSITIVE HABITAT AREA: Any area in which plant or
animal life or their habitats are either rare or especially valuable because of their special
nature or role in an ecosystem and which could be easily disturbed or degraded by human
activities and developments.
FAMILY: One or more persons occupying premises and living as a single non-profit
housekeeping unit, as distinguished from a group occupying a boarding or lodging house,
hotel, club, or similar dwelling for group use. A family shall not include a fraternal,
rehgious, social, or business group. A family shall be deemed to include domestic servants
employed by said family.
FAMILY DAY CARE: Regularly provided care, protection and supervision of twelve (12)
or fewer children, in the provider's own home, for periods of less than 24 hours per day
while the parents or guardians are away. (Added by Ord. 3500, 04/01/85)
~DAYCAREHOMELARGE: A home which provides family day care to seven
(7) to twelve (12) children, including children who reside at the home. (Added by Ord. 3500,
04/01/85)
FAMILY DAY CARE HOME SMALL: A home which provides family day care to six (6)
or fewer children, including children who reside at the home. (Added by Ord. 3500, 04/01/85)
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FARM LABOR CAMP: Ariy building(s) or structure(s) used as a dwelling unit(s) for five
or more farm employees who are engaged full-time in agriculture either on or off the
premises on which the building(s) or structure(s) is/are located. (Amended by Ord. 3789, 01/09/90)
FEASIBLE: Capable of being accomplished in a successful manner within a reasonable
period of time, taking into account economic, environmental, social, and technological
factors.
FEED DISTRIBUTION: The storage and dispersal of animal feed for the purpose of
supporting the pnmary on-site animal raising activities.
FEEDSTOCK: Any decomposable material used as a basis for the manufacture of compost.
(4dded by Ord. 4118, 9/21/93)
FLOOR AREA-GROSS: The total area of all floors of a building as measured to the
surfaces of interior walls and including corridors, stairways, elevator shafts, attached garages,
porches, balconies, basements, and offices. For attached or detached residential second
units, this term includes only the second unit and its directly accessible appurtenant interior
spaces, and shall not be considered to include any existing floor area not contained within
the second unit, nor shall it include the floor area of storage or other accessory structures
or spaces not directly accessible from the living area of the second unit. (Amended by Ord. 4184,
3/14/95)
FLOOR AREA-NET: The gross floor area excluding vents, shafts, stairs, corridors, attics,
and unenclosed porches and balconies.
FRONT LINE: The shortest boundary line of a lot which corresponds with a street line; the
boundary lines of a through lot which corresponds with street lines shall be front lines.
When the street-side boundary lines of a corner lot are equal or of substantially equal
lengths, the front line shall be the line located on the principal street.
GARAGE PRIVATE: A building or portion thereof used or designed to be used as an
accessory building for the storage of motor vehicles primarily for the use of the occupants
of the premises on which such building is located.
GARAGES PUBLIC: A building or portion thereof, except a private garage, used or
designed to be used for the storage and care of motor vehicles or where any such vehicles
are repaired or kept for remuneration, hire or sale.
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DEF
GENERATOR: The person, business or fac~ity who, by nature of ownership, management
or control is responsible for causing or allowing to be caused the creation of hazardous
waste. (Added by OTd. 4050, 5/19/92)
GENERATOR PERMIT: The annual pennit to operate which all generators of hazardous
waste must obtain from the County Environmental Health Services. Through the generator
permit program, the County Environmental Health Services ensures that generators of
hazardous waste store, treat, transport and dispose of hazardous waste in accordance with
state and federal laws. (Added by Ord. 4050, 5/19/92)
GLIDE PATH RATIO: A ratio that relates the height of aircraft above a point on the
ground to the distance of that point to the nearest end of the runway.
GRADING: Any excavation or filling of earth or combination thereof.
GREENHOUSE: A structure used for cultivating plants with impervious roof and walls in
which the climate is controlled; includes hothouses.
GUEST HOUSE-COTTAGE: Detached lMng quarters of a permanent type of construction
without kitchen or cooking facilities of any kind, intended and used primarily for temporary
guests of the occupants of the main building on the lot on which such guest house is located,
and not rented or otherwise used as a separate dwelling.
GUEST RANCH: A vacation resort, generally a farm or ranch, which derives all or part
of its income from the use of its facilities by paying visitors or guests, and provides food,
lodging, and recreational facilities.
HAZARDOUS WASTE: A waste, or combination of wastes, which because of the quantity,
concentration or physical, and chemical characteristics may either a) cause or significantly
contribute to an increase in mortality or an increase in serious irreversible or incapacitating
reversible illness, or b) pose a substantial present or potential hazard to human health or
the environment when improperly treated, stored, transported, disposed or otherwise
managed. Hazardous waste would also include those materials described in Title 22,
Division 4.5, Chapter 1 1, CCR. (Added by Ord. 4050, 5/J9/92)
HAZARDOUS WASTE MANAGEMENT PLAN (HWMP): The plan prepared pursuant
to Section 25135 of the California Health and Safety Code by counties and certain regions
to direct the management of hazardous wastes within the boundaries of the affected
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M~y 1994
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jurisdiction. (Added by Ord. 4050, 5/19/92)
HAZARDOUS WASTE ELEMENT: The Hazardous Waste Management Plan (HWMP),
as adopted as an Element of the Santa Barbara County Comprehensive Plan (Added by Ord.
4050, 5/19/92)
HILLSIDE: Lands with slopes exceeding twenty (20) percent.
HISTORICAL PARK: An area designated by the county, state or federal government
within which the buildings, structures, appurtenances or places are of basic and vital
importance because of their association with history, or because of their unique architectura]
detail, or because of their being a part of or related to a square, park, or area the design
or general arrangement of which should be preserved and/or developed according to a fixed
plan based on cultural, historical or architectural motives and purposes. The primary
purpose of such areas shall be to preserve, protect, and restore historical resources while at
the same time providing for recreational opportunities (Added by Ord. 3496, 03/04/85)
HOG RANCH: Any property used for the raising or keeping of more than six (6) hogs.
HOME OCCUPATION: An occupation conducted within the dwelling portion of a
building by the occupants of the dwelling unit.
HOSPITAL: A facility or institution which provides a broad range of medical care and
services, including the overnight and/or long term in- and out-patient care of persons
afflicted with physical and/or mental diseases, injuries, complaints, or other infirmities.
HOSThL: Overnight sleeping accommodations which provide supervised and inexpensive
lodging for travelers, and may provide kitchen and eating facilities. Occupancy is generally
of a limited duration.
HOTEL: A building or group of buildings containing six (6) or more sleeping rooms
occupied, intended or designed to be occupied as the more or less temporary abiding place
of persons who, for compensation, are lodged with or without meals, but not including a
trailer court or camp, sanitarium, hospital, asylum, orphanage or building where persons are
housed under restraint.
HOUSEKEEPING UNIT: A person or group of persons living together in a single dwelling
unit, with common access to and common use of all living and eating areas and all areas and
facilities for the preparation and storage of food within the dwelling unit.
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DEF
LZINITIONS
IMPROVEMENT: A~y object affixed to or growing in the ground other than a building or
structure.
INNER RURAL AREA: An area shown on the Land Use Element Maps of the Santa
Barbara County Comprehensive Plan within which development is limited to rural uses such
as agriculture and its accessory uses, mineral extraction and its accessory uses, recreation
( public or private), ranchette development, and uses of a public or quasi-public nature.
ISOSCELES TRAPEZOID: A quadrilateral having only two (2) parallel sides, the
two (2) non-parallel sides being equal in length.
JUNK YARD: In non-residential districts, the use of an aggregate area of two hundred
(200) square feet or more of lanci for the storage of junk, including but not limited to, scrap
material, salvage material or used material held for recycling, reuse or resale. In residential
districts, the area which may be used for the storage of junk and other listed materials may
not exceed one hundred square feet. (See Chapter 19 of this Santa Barbara County Code
for the definition of t1dump" and "auto wrecking yard" and the applicable permit
requirements.) (Amended by Ord. 3789, 01/09/90)
KENNEL COMMERCIAL: Any premises or area where four (4) or more dogs four (4)
months of age or older are bred, boarded or trained, and where services are offered to the
public. (Amended by Ord. 4063, 8/18/92)
KENNEL PRIVATE: My premises or area where four (4) or more dogs (4) months of
age or older are kept for the private enjoyment of the occupants of the premises. (Added by
Ord. 4063, 8/18/92)
KILL FLOOR: M area within an agricultural building or structure where livestock raised
on the premises are slaughtered, packed, or wrapped on a commercial basis, but not
including processing beyond the raw state. (Amended by Ord. 3491, 9/10/91)
KITCHEN: A room, all or any part of which is designed, built, equipped, used, or intended
to be used for the preparation and cooking of foods.
LIMITED-E UITY HOUSING COOPERATIVE: A corporation which meets the critena
of a Stock Cooperative as defined in this DIVISION and which also meets the criteria of
Section 33007.5 of the Health and Safety Code.
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LIVING AREA: The interior living portion of a dwelling unit including basements and
attics, not including the garage or an accessory structure.
LODGING OR ROOMING HOUSE: See "Boarding House."
LOT: A single parcel of land in one (1) ownership, the boundaries of which are delineated
in the latest recorded parcel map, subdivision map, or Certificate of Compliance recdrded
in the County Recorders' Office or deed provided that such recorded deed does not create
or attempt to create a lot in violation of the provisions of any applicable California law or
County ordinance.
LOT, CORNER: A lot bounded by streets on two (2) or more adjacent sides.
LOT FLAG: See "Lot, Intehor."
LOT INTERIOR: A lot which has access by a private easement and has no street frontage
or by a portion of the lot having a width of less than forty (40) feet.
LOT, KEY: A lot, the side line of which abuts the rear line of one (1) or more adjoining
lots.
LOT, THROUGH: A lot having frontage on two (2) parallel, or approximately parallel
streets.
LOT AREA GROSS: The area included within the boundades of the lot as described in
the latest recorded deed to said lot or as shown on the recorded parcel or subdivision map
creating said lot, including any portion so described or mapped lying within a public or
private street.
LOT AREA NET: The gross lot area minus any area lying within a public street which is
defined as a permanently reserved right-of-way which has been dedicated to the County of
Santa Barbara.
LOT DEPTH: The average distance between the front or street line and the rear lot lines,
or between the front lot line and the intersection of the two (2) side lot lines if there is no
rear lot line.
LOT FRONTAGE: The length of the front line measured at the street right-of-way line.
LOT LINE: The lines bounding a lot as defined herein.
LOT WIDTH: The average distance between the side lot lines measured at right angles to
the lot depth.
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M~y 1994
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DEFI
LifiNITIONS
MAJOR ELECTRIC TRANSMISSION SUBSTATION: A substation receMng and
transmitting electricity from major sources of generation, the primary purpose of which is
to transmit such energy at the voltage at which it is transmitted from such major
sources of generation and to transform such energy by lowering the voltages below that at
which the energy is transmitted from such generating sources.
MASTER TELEVISION ANTENNA: Any antenna or antennas designed to receive
television or radio signals, or both such signals, and transmit them with or without
amplification, to more than one television or radio receiving set by means of cables or lines
which will cross over or under any public or private streets in the unincorporated territory
of the County of Santa Barbara.
MEDICAL OFFICE: Any facility used as the principal office or place of practice by a
doctor(s) or other medical practitioner(s), excluding any facility for the overnight or long
term in-patient care of the clients (see `tHospital").
MINI-MART/CONVENIENCE STORE: A retail establishment offering for sale
prepackaged food products, household items, and other goods commonly associated with
servicing the highway traveler. (Added by Ord. 4063, 8/18/92)
MOBILE HOME: A trailer, transportable in one (1) or more sections, that is certified
under the National Manufactured Construction and Safety Standards Act of 1974, which is
over eight (8) feet in width and forty (40) feet in length, which is designed and equipped to
contain not more than two (2) dwelling units, with or without a permanent foundation and
not including recreational vehicle, commercial coach or factory-built housing. For purposes
of this Article, a mobile home on a permanent foundation is considered a structure.
MOBILE HOME PARK: Any area or tract of land where two (2) or more mobile home
lots are rented, leased, or offered for rent or lease to accommodate `nobile homes used for
human habitation. The rental paid for any such mobile home shall be deemed to include
rental for the lot it occupies.
MODULAR HOME: A dwelling unit constructed in whole or in part of prefabricated
material or components to be assembled on-site and affixed to a permanent foundation,
subject to the requirements of the Uniform Building Code.
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DEF
MOTEL: An establishment providing transient accommodations containing six (6)
or more rooms with at least twenty-five (25) percent of all rooms having direct access to the
outside without the necessity of passing through the main lobby of the building.
NON-CONFORMING LOT: A lot the area, dimensions or location of which was lawful
prior to the adoption of this Article or any amendments hereto, or previously adopted
County Zoning Ordinances, and which does not conform to the present regulations of the
zoning district in which it is situated.
NON-CONFORMING STRUCTURE: A building or structure, the setbacks, height, or
location of which was lawful prior to the adoption of this Article or any amendments hereto,
or previously adopted County Zoning Ordinances and which does not conform to the present
regulations of the zoning district in which it is situated.
NON-CONFORMING USE: Any use of land, building, or structure which was lawful prior
to the adoption of this Article or any amendment hereto, or previously adopted County
Ordinances, and which does not conform to the present regulations on use of the zoning
district in which it is situated.
NORTH COUNTY CONSOLIDATION PLANNING AREA NCCPA : A planning area
for oil and gas development in the western portion of Santa Barbara County, defined by the
following boundaries: the Santa Barbara County--San Luis Obispo County boundary to the
north, the three-mile offshore limit line to the west, the ridge of the Santa Ynez Mountains
to the south, and to the east U.S. Highway 101 north to California Highway 154 east to
California Highway 1 76 north until it turns in a northwesterly direction, east to the Los
Padres National Forest just south of Lookout Mountain, and the National Forest north to
the County line.
NOTICE TO PROPERTY OWNER DOCUMENT: A notarized, legal document required
by the County, to be completed and recorded with the deed by the property owner as part
of a permit approval process and/or in conjunction with correction of a zoning violation.
The purpose of the notice is to document specific conditions and/or restrictions that apply
to a particular property and the improvements thereon. (Amended by Ord. 3789, 01/09/90)
OIL: Where used in this Article, the word 19oi1" shall include gas and other hydrocarbon
substances.
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DEFI
LmITIONS
OIL AND GAS DRILLING EXPLORATORY: Drilling for oil and/or gas that occurs
outside the limits of an established oil field, delineated from time to time on California
Division of Oil and Gas, Department of Conservation Maps.
OIL AND GAS DRILLING PRODUCTION: Drilling for oil and/or gas that occurs within
the limits of an established oil field, delineated from time to time on California Division of
Oil and Gas, Department of Conservation Maps.
OIL AND GAS SEPARATION PLANT: Facilities necessary and incidental to dehydration
and/or separation of oil, gas, and water.
OIL REFINERY: A facility designed to produce one or more petroleum products by
physically and/or chemically altering crude oil.
OIL AND GAS TREATMENT AND PROCESSING PLANT: A facility designed to
separate and recover hydrocarbons (i.e., butane, ethane, propane) and/or to remove
impurities (i.e., hydrogen sulfide) from oil or gas.
ONE OWNERSHIP: One ownership of property shall include ownership under a contract
to purchase in any manner whereby such property is under a single or unified control,
including ownership of property by a person or persons, firm, partnership, association,
corporation, company, syndicate, estate, trust, or organization of any kind.
OPEN SPACE:
a) li!~j~.~icOenSace: Public open space shall include but not be limited to public
parks, recreational support facilities (restrooms, stairways, picnic tables, etc.), public
parking lots, beaches, access corridors such as bike paths, hiking, or equestrian trails,
usable natural areas, and vista points which are accessible to members of the general
public. Environmentally sensitive habitat areas and archaeological sites may be
included in public open space. Water bodies such as streams, ponds, and
lakes may be included in public open space only if available for active recreational
purposes, i.e., swimming, boating, or fishing but in no case shall water bodies be
credited for more than five percent of the total public open space requirement within
a development. Public open space shall not include areas which are unusable for
recreational purposes, i.e., private or public streets, private parking lots, or hazardous
areas such as steep slopes and bluff faces.
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b) ~onOenSace: Common open space shall include but not be limited to
recreational areas and facilities for the use of the prospective residents or guests of a
development such as tennis courts, swimming pools, playgrounds, community gardens,
landscaped areas for common use, or other open areas of the site needed for the
protection of the habitat, archaeological, scenic, or other resources. Water bodies may
be included but shall not be credited for more than five percent of the total required
common open space. Common open space shall not include driveways, public or
private streets, parking lots, private patios and yards, other developed areas or hard
surfaced walkways.
c) Private Open Space: Private open space shall include but not be limited to patios,
decks, and yards for the private use of the residents of individual dwelling units.
OFFSITh HAZARDOUS WASTh MANAGEMENT FACILITY: A facility that accepts
hazardous wastes from more than one generator, including the following:
Transfer Station: A facility where hazardous waste from more than one source is
collected and consolidated for shipment to a treatment, recycling, and/or disposal
facility or facilities.
Storage Facility: A hazardous waste facility at which hazardous waste is contained for
a period greater than 96 hours at an offsite facility or for periods greater than 90 days
at an onsite facility, with specified exceptions. (California Health and Safety Code,
Section 25123.3.).
--ilyTreatmentFacili: A facility where the toxicity, chemical form, and/or volume of a
hazardous waste is altered.
Recycling Facilitv: A facility engaged in the process of reclaiming, using or reusing
hazardous wastes.
~dualsReosito: A disposal facility for the long-term storage of the byproducts
of treated hazardous waste for which there is no further practical treatment.
(Added by Ord. 4050, 5/19/92)
ONSITE HAZARDOUS WASTE MANAGEMENT FACILITY: A facility that stores,
treats, recycles, and/or disposes of hazardous waste generated only within the facility's
boundaries. (Added by Ord. 4050, 5/19/92)
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DEFI
LifiNITIONS
OUTDOOR FESTIVAL: My musical festival, dance festival, "rock't festival or similar
activity at which music is provided by paid, or professional, or amateur performers or by
prerecorded means, which is held at any place other than in a permanent building or
permanent installation, which permanent installation has been constructed for the purpose
of conducting such activities or similar activities, to which members of the public are invited
or admitted for a charge or free of cost, and which is to be or is attended by five hundred
(500) or more persons. If such a festival or activity is to be or is attended by less than five
hundred (500) persons, it is an amusement enterprise conducted partially or wholly outside
of a completely enclosed building.
OWNER: For the purpose of a Detached or Attached Residential Second Unit ordinance,
an owner shall be the individual whose name appears on the title to the property and for
whom a home owners exemption is claimed. (Ord. 3393, 08/08/83; Ord. 4128, 11/16193)
PARCEL: See `1ILot."
PARKING LOT: Ar' off-street area, usually surfaced and improved, for the temporary
storage of five (5) or more vehicles.
PARKING LOT SALE: A temporary sale that is conducted by a retail store, shop or
establishment in the area usually used for on-premise customer parking or pedestrian access
(not within a public right-of-way) of that retail store, shop, or establishment and at which
sale the same type of merchandise sold within that store, shop, or establishment is sold at
retail.
PARKING SPACE: A space designed and reserved for parking of motor vehicles, including
all necessary maneuvering space, as provided elsewhere in this Article.
PEAK PARKING PERIOD: The two (2) hour period within a seven (7) day time period
with the highest calculated parking demand for a single site. (Added by Ord. 4087, 12/15/92)
PERSON: Any individual, organization, partnership, or other business association or
corporation, including any utility, and any federal, state, local government, or special district
or an agency thereof.
PLANNING AND DEVELOPMENT DEPARTMENT: The Santa Barbara County
Planning and Development Department.
PLANNING COMMISSION: The Santa Barbara County Planning Commission.
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~HOUSECABANA: A building or structure designed as accessory to a pool located
on the same lot as the pool house/cabana. (Amended by Ord. 3789, 01/09/90)
PREMISES: The area of land in one ownership surrounding a house or building.
PRINCIPAL STRUCTURE: A structure in which is conducted the principal use of the lot
on which it is situated. In any residential, agricultural or estate district, any dwelling shall
be deemed to be the principal structure on the lot on which it is situated.
PRIVATE SERVICES:
( 1) All production, storage, transmission, treatment and recovery facilities for water,
sewerage, energy and other similar utilities and facilities owned or operated by any business
organization, person or private entity, except for the following: (1) Energy Facilities
regulated by Division 8, Sec. 35-293., or (2) Oil and Gas Exploration and Production Plans
regulated by Division 10, Sec. 35-3 19. (Added by Ord. 4085, 12/15/92)
PUBLIC WORKS AND UTILITIES:
All production, storage, transmission, treatment and recovery facilities for water, sewerage,
energy, telephone, and other similar utilities and facilities owned or operated by any public
agency or by any utility that is subject to the jurisdiction of the Public Utilities Commission,
except for the following: (1) Energy Facilities regulated by Division 8, Sec. 35-293., (2) Oil
Drilling and Production Plans regulated by Division 10, Sec. 35-319., (3) Pipelines regulated
by Division 7, or (4) certain facilities of local agencies exempted by Sec. 35-201. (Amended
by Ord. 4085, 12/15/92)
PUBLIC WORKS TRANSPORTATION RELATED: All public transportation facilities,
including streets, roads, highways, bridges, public parking lots and structures, airports,
railroads, and mass transit facilities and stations, trolley wires and other related facilities.
Oil and gas facilities regulated by Division 8. Sec. 35-293. (2) All private transportation
facilities, including streets, roads and other related facilities. (Added by Ord. 4085, 12/15/92)
RECREATIONAL VEHICLE: A motor home, travel trailer, camper or camping trailer,
with or without motor power, designed for human habitation for recreational or emergency
occupancy, with a living area less than two hundred and twenty (220) square feet excluding
built-in equipment such as wardrobes, closets, cabinets, kitchen units or fixtures, and bath
and toilet rooms. Recreation vehicle shall also include trailer-borne boats.
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DEF
RECREATIONAL VEHICLE ACCOMMODATIONS: Any facilitics intended to
accommodate recreational vehicles, including, but not limited to, parking spaces, septic
disposal, water, electrical, propane, and liquified petroleum gas.
RECREATIONAL VEHICLE PARK: Any area or tract of land, where one (1) or more
lots are rented or leased or offered for rent, or leased to owners or users of recreational
vehicles or tents and which is occupied for temporary purposes.
RESDENCE HALL: A boarding house or lodging house, or combination thereof, used
primarily for the purpose of providing facilities for student housing, but excluding fraternity
or sorority house.
RESORT: A hotel or motel which serves as a destination point for visitors. A resort
generally provides recreational facilities for persons on vacation. A resort shall be
self-contained and provide personal services customarily furnished at hotels, including the
serving of meals. Buildings and structures in a resort should complement the scenic qualities
of the location in which the resort is situated.
RESTROOM: A room which may contain a toilet and washbasin but shall specifically
exclude any type of bathing facilities. (Amended by Ord. 3789, 01/09/90)
RETREAT: A building or group of buildings with accessory land and structures used for
the purpose of providing facilities for groups assembled for periods of not to exceed twenty-
one (21) days for discussion, study, and recreation. When such facilities are to be located
in rural areas, the retreat must require or benefit from a location surrounded by open land
and the facility development shall be limited and subordinate to the character of the
surrounding natural environment.
RIGHT OF WAY LINE: The recorded boundary of a public or private street or the
existing or planned boundary of a public street as indicated on the Comprehensive Plan
Circulation Element.
RURAL AREA: An area shown on the Land Use Element Maps of the Santa Barbara
County Comprehensive Plan within which development is limited to agriculture and related
uses, mineral extraction and related uses, recrea tion (public or private), low density
residential and related uses and uses of a public or quasi-public nature.
SANITARIUM: A health retreat, boarding house, hospice or other place for the treatment
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DEF
of disease or care of invalids. (Amended by Ord. 4]28, ]]/]6/93)
SECONDARY USE: a) A land use subordinate or accessory to a principa] land use. b)
When used in reference to residential use in conjunction with commercial and industrial uses
in this Article, secondary shall mean two residential bedrooms per one thousand (1,000)
square feet of total gross floor area of commercial or industrial development. However, in
no event shall the total gross floor area of the residential development exceed the total gross
floor area of the commercial or industrial use.
SEISMIC RETROFIT: An alteration to the structural elements of a building or structure
specifically and exclusively for the purposes of resisting earthquake forces. Seismic retrofit
alterations exempt from Land Use Permits (Section 35-314.2.) are limited to: the addition
of foundation bolts, hold-downs, lateral bracing at chpple walls, and other structural
elements required by County Ordinance 4062. The seismic retrofits shall not increase the
gross square footage of the structure, involve exterior alteratons to the structure, alter the
footprint of the structure, nor increase the height of the stnicture. (Added by Ord. 4228, 6/]8/96)
SEMI-DETACHED BUILDING: A building having a common wall with another building
which wall has no opening connecting the two buildings.
SETBACK: The minimum required distance that a building or structure must be located
from any property line or street center line.
SHADOW CONSTRUCTION: Pipeline construction, invoMng two or more separate
pipeline projects in the same corridor, coordinated at closely-timed intervals so that site
rehabilitation is required only once. (Added by Ord. 3586, 08/25/86)
SINGLE ROOM OCCUPANCY: A multi-unit residential use where occupants share
common kitchen and bathroom facilities. (Added by Ord. 4128, ]J/]6/93)
SLAUGHTER HOUSE: A facility where livestock that have been raised off of the premises
are slaughtered, packed, or wrapped on a commercial basis, but not including processing
beyond the raw state. (Amended by Ord. 394], 9/10/9])
SOUTH COAST CONSOLIDATION PLANNING AREA SCCPA : The unincorporated
area from Point Arguello to the City of Santa Barbara, and from the ridge of the Santa
Ynez Mountains to the three-mile offshore limit line to the south and southeast. (Added
12/14/87, Ord. 3674)
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DEF
Lm]NITIONS
SPA: Unique natural mineral springs at or in the immediate vicinity of their source as
designated on the Comprehensive Plan, when developed for therapeutic use as mineral
baths. A spa may include overnight accommodations and food service as accessory to the
therapeutic use.
SPECIAL CARE HOME: A residential home providing twenty-four (24) hour non-medical
care and supervision that has a license for a capacity of seven (7) or more clients from the
State Department of Social Services, Community Care Licensing Division or a licensing
agency authorized by said Department as a IGroup Horne-Children,'t "Transitional Home",
"Adult Residential Home'', "Residential Care Facility for the Elderly or Handicapped", or
"Foster Home." Note: Facilities which serve six or fewer persons shall be considered a
residential use and the residents and operators of the facility shall be considered a family
[Health and Safety Code §1566.3]. (Amended by Ord. 4128, 11/16/93)
SPECIAL DISTRICT: Any public agency, other than a local government as defined in this
chapter, formed pursuant to general law or special act for the local performance of
governmental or proprietary functions within limited boundaries. "Special district" includes,
but is not limited to, a county service area, a maintenance district or area , an improvement
district or improvement zone, or any other zone or area, formed for the purpose of
designating an area within which a property tax rate will be levied to pay for a service or
improvement benefiting that area.
STABLE PRIVATE: An accessory building in which horses are kept for private use and
not for remuneration, hire, or sale.
STABLE PUBLIC: An accessory building in which horses are kept for commercial use
including boarding, hire, and sale.
STOCK COOPERATIVE: A corporation which is formed or availed of primanly for the
purpose of holding title to, either in fee simple or for a term of years,
improved real property, if all or substantially all of the shareholders of such corporation
receive right of exclusive occupancy in a portion of the real property, title to which is held
by the corporation, which right of occupancy is transferable only concurrently with the
transfer of the share or shares of stock or membership certificate in the corporation held by
the persons having such right of occupancy. The term "stock cooperative" does not include
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DEF
a limited-equity housing cooperative, as defined in this DIVISION.
STORAGE WAREHOUSE: A building or structure used for the storage of miseeHaneous
items, which may contain separate storage spaces known as mini-warehouses, leased or
rented on an individual basis.
STORY: That portion of a building between the surface of any floor and the surface of the
next floor above it, or if there is no floor above it, then the space between the floor and the
ceiling next above it.
STREET: A permanently reserved, public or private right-of-way which affords the public
a principal means of vehicular access to abutting or adjacent property, not including alleys
or driveways as defined herein. The sei~4ce or frontage road of a freeway shall be
considered as a street separate from such freeway or highway.
STREET FRONTAGE: The portion of a property line abutting a public or private street.
STRUCTURE: Anything constructed or erected, the use of which requires location on the
ground excluding trailers and sidewalks.
STRUCTURAL ALTERATION: Any change in the supporting members of a building or
structure such as bearing walls, column beams or girders, or in the dimensions or
configurations of the roof.
STUDIO DWELLING UNIT: A single dwelling unit which does not contain a bedroom and
which is located within a two-family dwelling or a multiple dwelling.
SUBDIVISION: A dMsion of land as defined in the State Subdivision Map Act.
SWAP MEET: An open-air market operating during daylight hours on weekends and
holidays for the sale or exchange of merchandise at retail by a number of sellers. Signs or
other advertising by the individual sellers and outdoor storage of materials or merchandise,
except during hours of operation, are prohibited.
TEMPORARY GUEST: Non-paying guests occupying the premises for no more than one
hundred twenty (120) days in any twelve (12) month period.
TRAILER: A vehicle with or without motor power which is designed or used for human
habitation, office, shops, or storage including camper, travel trailer, and mobile home, but
not including mobile homes on a permanent foundation.
TRUCK SERVICE STATION: A place of business primanly engaged in providing service
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DEFI
station fac~ities for cargo vehicles.
URBAN AREA: An area shown on the Land Use Element Maps of the Santa Barbara
County Comprehensive Plan within which is permitted the development of residential
commercial, and industrial activity, and their related uses, buildings and structures.
URBANIZATION: Any commercial, industrial, or residential structure on parcels of less
than five (5) acres in size, or the creation by land divisions of parcels of less than five acres
in size. (Added by Ord. 3413, 12/05/83)
VISION CLEARANCE: A triangular space at the street or highway corner of a corner lot
containing no planting, fences, walls, or other structure exceeding three (3) feet in height.
Vision clearance shall be measured along the street line from the corner to the hypotenuse
of the triangle. (Amended by Ord. 4063, 8/18/92)
WASTE MINIMIZATION: The reduction, to the maximum extent feasible, of hazardous
waste that is generated or subsequently stored, treated or disposed. Waste minimization is
a reduction in the total volume or quantity of hazardous waste, and minimizes the present
and future threats to human health and the environment. As used in the HWMP and this
Ordinance, waste minimization includes source reduction, recycling and onsite treatment of
hazardous wastes. (Added by Ord. 4050, 5/19/92)
WETBAR: An area of a room in detached structures that may include the following: a)
A counter area with a maximum total length of seven (7) feet. b) The counter area may
include a bar sink and under-counter refrigerator. c) The counter area may include an
overhead cupboard are not to exceed seven (7) feet in length. d) The counter area shall be
located against a wall or, if removed form the wall, it shall not create a space between the
counter and the wall of more than four (4) feet in depth. The seven (7) foot counter shaH
be in one unit. The intent of this provision is to avoid the creation of a kitchen room. e)
No cooking facilities shall be included in the wetbar area. (Added by Ord. 3789, 01/09/90)
WIND ENERGY CONVERSION SYSTEM: A machine or group of machines used to
convert wind energy to a usable form (i.e., mechanical, electrical, etc.).
WIND TURBINE GENERATORS: A wind energy conversion system that utilizes a turbine
to convert wind power to electrical energy.
WINERY: A bonded establishment primarily used for the purpose of processing grapes or
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other fruit products. Processing includes, but is not limited to, crushing, fermenting,
blending, aging, storage, bottling, and wholesale/retail sales.
YARD: An open space that lies between the principal or accessory building or buildings
and ~he nearest lot line. Such open space is unoccupied and unobstructed from the ground
upward except for architectural features as specified in Sec. 35-274.5, and accessory buildings
as specified in Sec. 35-267. of this Article. In measuring a yard as hereinafter provided, the
line of a building shall be deemed to mean a line, parallel to the nearest lot line, drawn
through the point of a building or the point of a dwelling group nearest to such lot line.
YARDS FRONT: A yard extending across the front of a lot between the inner side yard
lines and measured from the front line of the lot to the front line of a building.
YARDS REAR: A yard extending across the full width of the lot and measured between
the rear line of the lot and the nearest line of the main building. For the purpose of this
Article, the rear yard of an irregular or triangular lot shall be measured from a line at least
ten (10) feet long lying entirely within the lot, parallel or most nearly parallel to and most
distant from the front line of said lot.
YARD SIDE A yard between the side line of the lot and the nearest line of a building,
and extending from the front line of the lot to the required rear yard setback line.
ZONING ADMINISTRATOR: A position authorized by Section 65900 et seq of the
California Government Code created by ordinance, which authorizes a hearing officer to
hear and decide applications including, but not limited to, Minor Conditional Use Permits
and Variances, as set forth within this Article and Article V of Chapter 2, Santa Barbara
County Code. (Amended by Ord. 3979, 2/21/92)
ZONING ORDINANCE: An ordinance authorized by Section 65850 of the Government
Code or, in the case of a charter city, a similar ordinance enacted pursuant to the authonty
of its charter.
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DIVISION 3e
DEVELOPMENT STANDARDS.
Sec. 35-210. General
The policies in this Section are contained in the Santa Barbara County Comprehensive
Plan and hereby incorporated into this Article. These policies shall serve as general
development and improvement standards for all developments and improvement subject to
the provisions of this Article.
(Amended by Ord. 3941, 9/10/91)
1. The densities specified in the Land Use Plan are maximums and may be reduced if it
is determined that such reduction is warranted by conditions specifically applicable to
a site, su ch as topography, geologic or flood hazards, habitat areas, or steep slopes.
However, density may be increased under programs for the Housing Element.
2. No urban development shall be permitted beyond boundaries of land designated for
urban uses except in neighborhoods in rural areas.
3. Prior to issuance of a Land Use Permit, the County shall make the finding, based on
information provided by environmental documents, staff analysis, and the applicant,
that adequate public or private services and resources (i.e., water, sewer, roads, etc.)
are available to serve the proposed development. The applicant shall assume full
responsibility for costs incurred in service extensions or improvements that are required
as a result of the proposed project. Lack of available public or private services or
resources shall be grounds for denial of the project or reduction in the density
otherwise indicated in the Comprehensive Plan.
4. Within designated urban areas, new development other than that for agricultural.
purposes shall be served by the appropriate public sewer and water district of an
existing mutual water company, if such service is available.
Sec. 35-211. Archaeology.
1. All available measures, including purchase of the site, tax relief, purchase of
development rights, etc., shall be explored to avoid development on significant historic,
prehistoric, archaeological, and other classes of cultural sites.
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EIZSTANDARDS
2. When developments are proposed for parcels where archaeological or other cultural
sites are located, project design shall be required which avoids impacts to such cultural
sites if possible.
3. when sufficient planning flexibility does not permit avoiding construction on
archaeological or other types of cultural sites, adequate mitigation shall be required.
Mitigation shall be designed in accord with guidelines of the State Office of Historic
Preservation and the State of California Native American Heritage Commission.
4. Native Americans shall be consulted when development proposals are submitted which
impact significant archaeological or cultural sites.
Sec. 35-212. Visual Resources.
1. In areas designated as rural on the Land Use Element Maps, the height, scale, and
design of structures shall be compatible with the character of the surrounding natural
environment, except where technical requirements dictate otherwise. Structures shall
be subordinate in appearance to natural landforms, shall be designed to follow the
natural contours of the landscape, and shall be sited so as not to intrude into the
skyline as seen from public viewing places.
2. In areas designated as urban on the Land Use Element maps and in designated rural
neighborhoods, new structures shall be in conformance with the scale and character
of the existing community. Clustered development, varied circulation patterns, and
diverse housing types shall be encouraged.
Sec. 35-213. Flood Hazard.
The intent of the Flood Hazard development standards is to avoid exposing new
developments to flood hazards and to reduce the need for future flood control protective
works and resulting alteration of stream and wetland environments by regulating
development within the one hundred (100) year flood plain.
1. All development, including construction, excavation, and grading, except for flood
control projects and non-structural agricultural uses, shall be prohibited in the
floodway, as determined by the Flood Control Department, unless off-setting
improvements in accordance with HUD regulations are provided. If the proposed
development falls within the floodway fringe, development may be permitted, provided
creek setback requirements are met and finish floor elevations are above the projected
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38 M~y 1994
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DEV. STANDARDS
one hundred (100) year flood elevation as specified in the Flood Plain Management
Ordinance.
2. Permitted development shall not cause or contribute to flood hazards or lead to
expenditure of public funds for flood control works, i.e., dams, stream channelizations,
etc.
Sec. 35-214. ~secreation.
1. Bikeways shall be provided where appropriate and feasible for recreational and
commuting use.
Sec. 35-215. ~ronmentalResourceManaement (Added by Ord. 3413, 12/05183)
The standards contained in this section are extracted from the Comprehensive Plan
Environmental Resource Management Element, and serve to implement policies and key
recommendations contained in other elements of the Comprehensive Plan (i.e., the Seismic
Safety and Safety, Conservation, and Open Space Elements).
1. Urbanization should be prohibited in all cases on lands subject to one or more of the
following environmental factors:
* Geologic Problems Index V (see Seismic Safety and Safety Element);
* Reservoirs and areas tributary to existing and proposed reservoirs;
* Slopes of thirty percent (30%) or greater;
* Existing croplands with a high agricultural suitability rating (see Environmental
Resource Management Element) or a Class I or II soil capability classification.
However, urban uses may be permitted within urban areas on lots of ten (10)
acres or less;
* Mineral resource sites;
* Existing parks and recreation sites, historic sites, and archaeological sites;
* Proposed scientific preserves.
2. Urbanization should be prohibited except in a relatively few special instances on lands
subject to one or more of the following environmental factors:
* Geologic Problems Index IV (see Seismic Safety and Safety Element);
* Slopes of twenty percent (20%) or greater but less than thirty percent (30%);
* Existing croplands with a moderate or low agricultural suitability rating (see
Environmental Resource Management Element) or a Class III or IV soil
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EffiSTANDARDS
capability classification;
* Land highly suitable for expansion of cultivated agriculture (see Environmental
Resource Management Element);
* Significant habitats and/or prime examples of common ecological communities
( see Environmental Resource Management and Conservation Elements).
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DIVISION 4.
ZONING DISTRICTS.
Sec. 35-216. AG-I Agneulture I.
Sec. 35-216.1 Purpose and Intent.
The purpose of the Agriculture I district is to designate lands appropriate for
agricultural use within Urban, Inner Rural, and Rural Neighborhood areas, as defined on
the Comprehensive Plan Land Use Element Maps. The intent is to provide standards which
will support agriculture as a viable land use and encourage maximum agricultural
productivity.
Sec. 35-216.2. Processing.
No permits for development, including grading, shall be issued except in conformance
with Sec. 35-3~4. (Land Use Permits).
Sec. 35-216.3. Permitted Uses.
1. All types of agriculture except commercial livestock feed or sales yard, subject to the
limitations hereinafter provided in this Sec. 35-216.
2. Raising of horses; mules, cattle, sheep, llamas and ostriches, or other livestock, except
that on parcels of less than twenty (20) acres, not to exceed one such animal shall be
permitted for each 20,000 square feet of gross area of the lot(s) upon which the same
are kept. Dairies and hog ranches, as defined in Division 2, shall be subject to a Major
Conditional Use Permit. (Sec. 35-216.4.) (Amended by Ord. 4087, ]2/15/92)
3. Private kennels and small animals and poultry raising limited to reasonable family use
on a non-commercial basis. (,4mended by Ord. 4063, 8/18/92)
4. Sale of agricultural products produced on the premises. If a building or structure is
required for the sale of such products, the sale shall be conducted within an existing
agricultural building or from a separate stand not exceeding six hundred (600) square
feet of sales area and located no closer than twenty (20) feet to the right-of-way line
of any street.
5. Greenhouses, provided that for any greenhouse development including related
structures (e.g., packing sheds) of 20,000 square feet or more, and all additions which
when added to existing development total 20,000 square feet or more, a development
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m]AG~I
plan shall be submitted, processed, and approved as provided in Sec. 35-317.
(Development Plans). The submittal requirements set forth in Sec. 35-317.3. shall be
waived; development plans for greenhouses shall include the following:
a. A plot plan of the proposed development drawn to scale showing:
1) Gross acreage and boundaries of the property.
2) Location of all existing and proposed structures, their use, and square footage
of each structure.
3) Landscaping.
4) Location and number of parking spaces.
5) Location of driveways and adjacent streets.
6. One single family dwelling unit per legal lot. Such dwelling may be a mobile home
certified under the National Manufactured Construction and Safety Standard Act of
1974 (42 U.S.C. § 5401 et seq. ) on a permanent foundation system, pursuant to Health
and Safety Code § 18551, subject to the provisions of Sec. 35-282. (General
Regulations).
7. One guest house or artist studio per legal lot subject to the provisions of Sec. 35-268.
(General Regulations). (Amended by Ord. 3790, 1/9/90)
8. Wineries, provided:
a. Prior to the issuance of a Land Use Permit, a development plan shall be
submitted, processed and approved, as provided in Sec. 35-317. (Development
Plans).
b. The primary purpose of the winery shall be to process wine grapes grown on the
premises or on other local agricultural lands (defined as lands located within the
County of Santa Barbara and San Luis Obispo County). No more than fifty (50)
percent of the grapes processed over a five year period shall be imported from
outside of Santa Barbara and San Luis Obispo Counties.
c. Retail sales of wine grape products shall be limited to those bottled or grown on
the premises.
9. Home occupations, subject to the provisions of Sec. 35-269. (General Regulations).
(Amended by Ord. 379], 1/9/90)
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10. One Attached Residenti~ Second Unit per legal lot, zoned AG-I-5, AG-I-1O, and
AG-I-20, subject to the provisions of Sec. 35-291 (Attached Residential Second Units).
(Added by Ord. 4]28, ]1/16/93)
1 1. Uses, buildings, and structures accessory and customarily incidental to the above uses.
Sec. 35-216.4. Uses Permitted with a Major Conditional Use Permit.
1. Farm labor camps, including trailers, for housing five or more employees engaged full
time in agriculture working on or off the farm or ranch upon which such buildings are
located, subject to the provisions of Sec. 35-281.9 (General Regulations). (;4mended by
Ord. 3792, O]/09/90)
2. Commercial riding stables.
3. Dairy.
4. Hog ranch.
5. Communication and navigational aids, antennas, structures and facilities, including uses
for land measurement, air and sea navigation, communications test facilities or other
similar uses provided such use does not prevent or interfere with the agricultural use
of the land.
6. Onshore oil development, including exploratory and production wells, separation
facilities, pipelines, oil and gas treatment and processing facilities and their accessory
uses, subject to the requirements set forth in DIVISION 8, BNERGY FACILITIES.
7. Trout farm.
Sec. 35-216.5. Uses Permitted With a Minor Conditional Use Permit.
1. Commercial kennels. (Amended by Ord. 4063, 8/18/92)
2. Additional dwellings for not to exceed four employees of the owner or lessee of the
land engaged full time in agriculture on the farm or ranch upon which the dwelling is
located provided:
a. the applicant can document the existing and proposed agricultural use of the land
and demonstrate a need for additional dwellings to support such use, and
b. the applicant provides proof of the full-time employment of the employees.
(Amended by Ord. 3792, 01/09/90)
3. Animal Hospitals (Amended by Ord. 3941, 9/10/9])
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4. Commercial poultry farm and similar operations for raising of small animals. (Amended
by Ord. 3941, 9/10/91)
5. One Detached Residential Second Unit per legal lot, zoned AG-I-5, AG-I-1O, and AG-
1-20, subject to the development standards and requirements set forth in DIVISION
7, GENERAL REGULATIONS, Sec. 35-291a (Detached Residential Second Units)
and DIVISION 10, PERMIT PROCEDURES, Sec. 35-315 (Conditional Use Permits).
(Added by Ord. 4128, 11/16/93)
6. Composting Facility that includes the use of off-premise generated feedstock and may
include the on-premise commercial sale of the resultant compost products, subject to
the additional requirements set forth in Section 35-315.12.6., Composting Facility.
(Added by Ord. 4118, 9/21/93)
Sec. 35-216.6. Minimum Lot Size.
1. Each main dwelling unit shall be located on a lot having a minimum gross lot area as
indicated below for the symbol shown on the lot on the applicable Santa Barbara
County Zoning Map.
Zoning Symbol Minimum Lot Size
AG-I-5 5 acres
AG-I-1O 10 acres
AG-I-20 20 acres
AG-I-40 40 acres
2. A dwelling may be located upon a smaller lot if such lot is shown as a legal lot either
on a recorded subdivision or parcel map or is a legal lot as evidenced by a recorded
certificate of compliance.
Sec. 35-216.7. Setbacks for Buildings and Structures.
1. Front: Fifty (50) feet from the centerline and twenty (20) feet from the right-of-way
line of any street.
2. Side and Rear: Twenty (20) feet from the lot lines of the lot on which the building or
structure is located.
3. Lots that contain one gross acre or less shall be subject to the setback regulations of
the R-1/E-1 Single-Family Residential District.
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Sec. 35-216.8. Height Limit.
No dwelling unit shal] exceed a height of thirty-five (35) feet.
Sec. 35-216.9. Parking.
Parking shall be provided as specified in DIVISION 6, PARKING REGULATIONS
except for:
1. Agricultural Improvements.
2. Agricultural Developments not requiring Development Plan (DP) approval, shall
not be required to comply with design specifications for marking or striping (Sec.
35-262.3.c.), except for handicap parking spaces required under State Law.
3. Agricultural Development projects requiring Development Plan (DP) approval
may request that the Planning Commission or Director waive certain design
specifications for marking or striping otherwise required under Sec. 35-262.3.c.
(Amended by Ord. 4063, 8/]8/92)
Sec. 35-216.10. Landscaping.
None, except that for greenhouses a landscaping plan must be approved by the
Planning and Development Department. Said plan shall include landscaping which, within
five years, will reasonably `screen the view of said structures and on-site parking areas from
adjacent public streets. Said plan shall also include landscaping along all public streets. The
landscaping shall consist of plant material and may include existing trees and plants on the
property. All landscaping shall be installed at the time of project completion. Prior to the
issuance of a Land Use Permit, for projects requiring landscape plans, a performance
security shall be filed as set forth in Sec. 35-289. (General Regulations).
Sec. 35-216.11. Maximum Gross Floor Area (Floor Area Ratio or FAR).
None, except that where a Residential Second Unit has been approved, the total gross
floor area of all covered structures shall be subject to the requirements of DIVISION 7
(GENERAL REGULATIONS), Section 35-291.6.6. (Development Standards) for attached
second units, or Section 35-291a.6.5. (Development Standards) for detached second units.
(Added by Ord. 4]84, 3/]4/95)
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See. 35-217. AQiAnculture II.
Sec. 35-217.1. Purpose and Intent.
The purpose of the Agriculture II district is to establish agricultural land use for prime
and non-prime agricultural lands located outside of Urban, Inner Rural, and Rural
Neighborhood areas, as shown on the Comprehensive Plan Land Use Element Maps. The
intent is to preserve these lands for long-term agricultural use.
Sec. 35-217.2. Processing.
No permits for development, including grading, shall be issued except in conformance
with Sec. 35-314. (Land Use Permits).
Sec. 35-217.3. Permitted Uses.
1. All types of agriculture, including commercial raising of animals, subject to the
limitations hereinafter provided in this Sec. 35-217.
2. Sale of agricultural products produced on the premises. If a building or structure is
required for the sale of such products, the sale shall be conducted within an existing
agricultural building or from a separate stand not excee4ing six hundred (600) square
feet and located no closer than twenty (20) feet to the right-of-way line of any street.
3. Commercial boarding of animals and riding stables.
4. Animal hospitals.
5. One single family dwelling unit per legal lot. Such dwelling may be a mobile home
certified under the National Manufactured Construction and Safety Standards Act of
1974 (42 U.S.C. § 5401 et seq. ) on a permanent foundation system, pursuant to Health
and Safety Code ~ 1855 1, subject to the provisions of Sec. 35-282. (General
Regulations).
6. One guest house or artist studio per legal lot subject to the provisions of Sec.35-268.
(General Regulations). (Amended by Ord. 3790, 01/09/90)
7. Greenhouses provided that for any greenhouse development including related
structures (e.g., packing sheds) of 20,000 square feet or more, and all additions which
when added to existing development total 20,000 square feet or more, a development
plan shall be submitted, processed, and approved as provided in Sec. 35-317.
(Development Plans). The submittal requirements set forth in Sec. 35-317.3. shall be
waived; development plans for greenhouses shall include the following:
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a. A plot plan of the proposed development drawn to scale showing:
1) Gross acreage and boundaries of the property.
2) Location of all existing and proposed structures, their use, and square footage
of each structure.
3) Landscaping.
4) Location and number of parking spaces.
5) Location of driveways and adjacent streets.
8. Excavation or quarrying of building or construction materials, including diatomaceous
earth, in total amounts of less than 1,000 cubic yards in one or more locations or
parcels under the control of one operator that do not exceed a total of one acre. All
other mining, extraction, and quarrying operations shall be subject to the provisions of
Sec. 35-320, Reclamation Plans and Surface Mining Permits. (Amended by Ord. 4099,
5/18/93)
9. Private and/or commercial kennels. (Added by Ord. 4063, 8/18/92)
10. Uses, buildings, and structures accessory and customarily incidental to the above uses.
1 1. Onshore oil development, including exploratory and production wells, separation
facilities, and pipelines, subject to the requirements set forth in DIVISION 8,
ENERGY FACILITIES.
12. Wineries, provided:
a. Prior to the issuance of a Land Use Permit, a development plan shall be
submitted, processed and approved, as provided in Sec. 35-317. (Development
Plans).
b. The pnmary purpose of the winery shall be to process wine grapes grown on the
premises or on other local agricultural lands (defined as lands located within the
County of Santa Barbara and San Luis Obispo County). No more than fifty (50)
percent of the grapes processed over a five-year period shall be imported from
outside of Santa Barbara and San Luis Obispo Counties.
c. Retail sales of wine grape products shall be limited to those bottled or grown on
the premises.
13. Home occupations, subject to the provisions of Sec 35-269. (General Regulations).
(Amended by Ord. 3791, 01/09/90)
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Sec. 35-217.4. Uses Permitted with a Major Conditional Use Permit.
Low-intensity recreational development such as recreational camps, hostels,
campgrounds, retreats, and guest ranches, provided that such development:
a. Is in character with the rural setting,
b. Does not interfere with agricultural production on or adjacent to the lot on which
it is located,
c. Does not include commercial facilities open to the general public who
are not using the recreational facility, and
d. Does not require an expansion of urban services which will increase pressure for
conversion of the affected agricultural lands.
2. Trout farm, rifle range, duck shooting farm.
3. Facilities for the sorting, cleaning, packing, freezing, and storage of horticultural and
agricultural products, but not including animals, grown off the premises preparatory
to wholesale or retail sale and/or shipment in their natural form provided:
a. The facility shall be accessory to and supportive of other agricultural operations
located on the same premises as the proposed facility and on other local
agricultural lands (defined as lands located within 25 miles of the boundaries of
Santa Barbara County),
b. The primary purpose of the facility shall not be to import, on a continuing basis,
horticultural or agricultural products ftom land more than 25 miles beyond the
boundaries of Santa Barbara County for local processing, distribution, or sale,
c. The products are determined by the Planning Commission to be similar to
products grown on the premises where the facility is located or on other local
agricultural lands, and
d. The facility processes products grown on the premises or on other local
agricultural lands.
e. The facility and products are consistent with the Uniform Rules of the
Agricultural Preserve Program, and
f. The facility is not to be located on prime soils, unless an alternative location on
non-prime soils does not exist within a reasonable distance of the proposed site.
(Amended by Ord. 394], 9/10/92)
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4. Farm labor camps, including trailers, for housing five or more employees engaged full
time in agriculture working on or off the farm or ranch upon which such buildings are
located, subject to the provisions of Sec. 35-281.9 (General Regulations). (Amended by
Ord. 3792, 01/09/90)
5. Aquaculture.
6. Sorting, cleaning, and further breaking and storing of abalone shells landed live in
Santa Barbara County, preparatory to shipment in their natural form.
7. Communication and navigational aids, antennas, structures and facilities, including uses
for land measurement, air and sea navigation, communications test facilities or other
similar uses provided such use does not prevent or interfere with the agricultural use
of the land.
8. Commercial livestock feed or sales yards.
9. Onshore oil and gas treatment and processing facilities and their accessory uses,
subject to the requirements set forth in DIVISION 8, ENERGY FACILITIES.
10. In Rural Areas designated on the Comprehensive Plan Land Use Element Maps with
the "Agricultural Industry Overlay," commercial and/or industrial development,
structures, uses and areas that are directly related to agriculture for the following
purposes: processing, packaging, treatment and/or sale of agricultural commodities,
transportation facilities required to support agriculture, and fertilizer manufacturing;
provided that a Development Plan shall be submitted, processed, and approved as
provided in Seciton 35-317 (Development Plans) and Section 35-314.2 (Land Use
Permits). (Amended by Ord 3941, 9/10/91)
Sec. 35-217.5. Uses Permitted with a Minor Conditional Use Permit.
1. Additional dwellings for not to exceed four employees of the owner or lessee of the
land engaged fulltime in agriculture on the farm or ranch upon which the dwelling is
located provided:
a. The applicant can document the existing and proposed agricultural use of the land
and demonstrate a need for additional dwellings to support such use, and
b. The applicant provides proof of the full-time employment of the employees.
(Amended by Ord. 3792, 01/09/90)
2. Composting Facility that incudes the use of off-premise generated feedstock and may
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49 May 1994
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include the on-premise commercial sale of the resultant compost products, subject to
the additional requirements set forth in Section 35-315.12.6., Composting Facility.
(Addd by Ord. 4118, 9/21/93)
Sec. 35-217.6. Minimum Lot Size.
Each main dwelling unit shall be located on a lot having a minimum gross lot area as
indicated below for the symbol shown on the lot on the applicable
Santa Barbara County Zoning Map.
~nSbol Minimum ILot Size
AG-II-40 40 acres
AG-Il- 100 100 acres
AG-II-320 320 acres
A dwelling may be located upon a smaller lot if such lot is shown as a legal lot either
on a recorded subdivision or parcel map or is a legal lot as evidenced by a recorded
certificate of compliance.
Sec. 35-217.7. Height Limit and Setback Regulations.
No dwelling unit shall exceed a height of thirty-five (35) feet; and no building or
structure shall be located within fifty (50) feet of the centerline or within twenty (20) feet
of the right-of-way line of any street.
Sec. 35-217.8. Parking.
Parking shall be provided as specified in DIVISION 6, PARKING REGULATIONS
except for:
1. Agricultural Improvements.
2. Agricultural Developments not requiring Development Plan (DP) approval, shall
not be required to comply with design specifications for marking or striping (Sec.
35-262.3.c.), except for handicap parking spaces required under State Law.
3. Agricultural Development projects requiring Development Plan (DP) approval
may request that the Planning Commission or Director waive certain design
specifications for marking or striping otherwise required under Sec. 35-262.3.c.
(Amended by Ord. 4063, 8/18/92)
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Sec. 35-218. RR Residential Ranchette
Sec. 35-218.1. Purpose and Intent.
This district classification is to be applied in Urban and Inner Rural areas and within
Existing Developed Rural Neighborhoods where low density residential and agricultural uses
are appropriate. The purpose of this district is to preserve the character of an area and to
minimize the services required by providing for low density residential development.
Sec. 35-218.2. Processing.
No permit for development, including grading, shall be issued except in conformance
with Sec. 35-314. (Land Use Permits).
Sec. 35-218.3. Permitted Uses.
1. All types of agriculture and farming except a dairy, hog ranch, animal feed yard, or
animal sales yard, subject to the limitations hereinafter provided in this Section.
2. Raising of horses, mules, cattle, sheep, llamas and ostriches, or other livestock, except
that on parcels of less than twenty (20) acres, not to exceed one such animal shall be
permitted for each 20,000 square feet of gross area of the lot(s) upon which the same
are kept. (Amended by Ord. 4087, 12/15/92)
3. Sale of agricultural products produced on the premises. If a building or structure is
required for the sale of such products, the sale shall be conducted either within an
existing agricultural building or from a separate stand not to exceed two hundred (200)
square feet of sales area and located no closer than twenty (20) feet to the right-of-way
line of any street.
4. One single family dwelling unit per legal lot. Such dwelling may be a mobile home
certified under the National Manufactured Construction and
Safety Standards Act of 1974 (42 U.S.C. ~ 5401 et seq.) on a permanent foundation
system,pursuant to Health & Safety Code ~ 1855 1, subject to the provisions of Sec.
35-282. (General Regulations).
5. One guest house or artist studio per legal lot, subject to the provisions of Sec. 35-268.
(General Regulations). (Amended by Ord. 3790, 01/09/90)
6. Home occupations, subject to the provisions of Sec. 35-269. (General Regulations).
7. Greenhouses, hothouses, or other plant protection structures not exceeding 300 square
feet.
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8. The keeping of animals and poultry subject to the R-1/E-1 provisions of Section 35-
219.12., subsections 2., 3. and 4. only (Animals). (Added by Ord~ 4063, 8/18/92; Amended by
Ord. 4087, 12/15/92)
9. One Attached Residential Second Unit subject to the provisions of Sec. 35-291
(Attached Residential Second Units). (Added by Ord. 4128, 11/16/93)
10. Uses, buildings, and structures accessory and customanly incidental to the above uses.
Sec. 35-218.4. Uses Permitted With a Major Conditional Use Permit.
1. Greenhouses, hothouses, or other plant protection structures in excess of 300 square
feet and related development, i.e., packing sheds, parking, driveways, subject to the
landscaping requirements provided in Sec. 35-216.10. (AG-I District).
2. Commercial boarding of animals and riding stables.
3. Onshore oil development, including exploratory and production wells, separation
facilities, and their accessory uses, subject to the requirements set forth in DIVISION
8, ENERGY FACILITIES.
4. Aquaculture.
5. Commercial kennels. (Added by Ord. 4063, 8/18/92)
Sec. 35-218.5. Uses Permitted With a Minor Conditional Use Permit.
1. Private kennels. (Amended by Ord. 4063, 8/18/92)
2. One Detached Residential Second Unit per legal lot, zoned RR-5, RR-1O, RR-15 and
RR-20, subject to the development standards and requirements set forth in DIVISION
7, GENERAL REGULATIONS, Sec. 35-291a (Detached Residential Second Units)
and DIVISION 10, PERMIT PROCEDURES, Sec. 35-315 (Conditional Use Permits).
(Added by Ord. 4128, 11/16/93)
Sec. 35-218.6. Minimum Lot Size.
1. Each main dwelling unit and its permitted accessory buildings shall be
located upon a lot having a minimum gross lot width of 250 feet and a minimum gross
lot area as indicated below for the symbol shown on the lot on the applicable Santa
Barbara County Zoning Map.
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~ Minimum Lot Size
RR- 5 5 acres
RR- 10 10 acres
RR- 15 15 acres
RR- 20 20 acres
RR- 40 40 acres
RR-100 100 acres
2. A dwelling may be located upon a smaller lot if such lot is shown as a legal lot either
on a recorded subdivision or parcel map or is a legal lot as evidenced by a recorded
Certificate of Compliance.
Sec. 35-218.7. Setbacks for Buildings and Structures.
1. Front: Fifty (50) feet from the centerline and twenty (20) feet from the right-of-way
line of any street except that when the property fronts on a private roadway easement
serving or having the potential to serve five or more parcels the setback shall be twenty
(20) feet from the easement line. (Amended by Ord. 3980, 2/21/92)
2. Side and Rear: Twenty (20) feet from the lot lines of the lot on which the building or
structure is located.
3. ILots that contain one gross acre or less shall be subject to the setback regulations of
the R-1/E-1 Single-Family Residential District.
Sec. 35-218.8. Distance Required Between Buildings on the Same Building Site.
None.
Sec. 35-218.9. Height Limit.
No building or structure shall exceed a height of thirty-five (35) feet.
Sec. 35-218.10. Parking.
Parking shall be provided as specified in DIVISION 6, PARKING REGULATIONS.
Sec. 35-218.11. Maximum Gross Floor Area (Floor Area Ratio or FAR).
None, except that where a Residential Second Unit has been approved, the total gross
floor area of all covered structures shall be subject to the requirements of DIVISION 7
(GENERAL REGULATIONS), Section 35-291.6.6. (Development Standards) for attached
second units, or Section 35-291a.6.5. (Development Standards) for detached second units.
(Amended by Ord. 4184, 3/14/95)
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Sec. 35-219. R-1~-1 Single Fami]~esidentia1.
Sec. 35-219.1. Purpose and Intent.
The purpose of this district is to reserve appropriately located areas for family living
at a reasonable range of population densities consistent with sound standards of public
health, welfare, and safety. It is the intent of this district to protect the residential
characteristics of an area and to promote a suitable environment for family life.
Sec. 35-219.2. Processing.
No permits for development, including grading, shal] be issued except in conformance
with Sec. 35-314. (Land Use Permits).
Sec. 35-219.3. Permitted Uses.
1. One single-family dwelling per legal lot. Such dwelling may be a mobile home certified
under the National Manufactured Construction and Safety Standards Act of 1974 (42
U.S.C. § 5401 et seq. ) on a permanent foundation system, pursuant to Health & Safety
Code ~ 18551 and subject to the provisions of Sec. 35-282. (General Regulations).
(Amended by Ord. 398], 1/9/90)
2. One guest house or artist studio subject to the provisions in Sec. 35-268. (General
Regulations). (Amended by Ord. 3790, 1/9/90)
3. Home occupations subject to the provisions of Sec. 35-269. (General Regulations).
4. Orchards, truck and flower gardens, and the raising of field crops, provided there is no
sale on the property of the products produced.
5. Greenhouses, hothouses, a nd other plant protection structures not exceeding 300
square feet and used on]y for the propagation and cultivation of plants, provided no
advertising sign, commercial display room, or sales stand is maintained in connection
therewith.
6. The keeping of animals and poultry subject to the provisions of this Section.
7. Public parks, public playgrounds, and community centers.
8. One Attached Residential Second Unit subject to the provisions of Sec. 35-291.
(Attached Residential Second Units). (Added by Ord. 4128, 11/16/93)
9. Uses, buildings, and structures customariiy incidental to residential units, for exclusive
use of the residents of the premises and their guests and not involving the maintenance
of a commercial enterprise on the premises.
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Sec. 35-219.4. Uses Permitted With a Major Conditional Use Permit. (Amended by Or£L 4063,
8/18/92)
1. Commercial kennels.
2. Golf courses and facilities incidental and subordinate to such use (e.g., restaurant, pro
shop, driving range) but not including commercial driving tees, putting courses, or
miniature golf courses.
Sec. 35-219.5. Uses Permitted With a Minor Conditional Use Permit.
1. Greenhouses, hothouses, and other plant protection structures in excess of
300 square feet but in no case shall such structures exceed an area of 800 square feet,
provided no advertising sign, commercial display room, or sales stand is maintained in
connection therewith.
2. The commercial raising of worms.
3. Residential Child Care Center. (Amended by Or£L 4063, 08/18/92)
4. One Detached Residential Second Unit, subject to the development standards and
requirements set forth in DIVISION 7, GENERAL REGULATIONS, Sec. 35-291a.
(Detached Residential Second Units) and DIVISION 10, PERMIT PROCEDURES,
Sec. 35-3 15. (Conditional Use Permits). (Amended by Or£L 3981, 2/21/92;Amended by OTCL 412w
11/16/93)
5. Private kennels. (Added by Or~ 4063, 8/18/92)
Sec. 35-219.6. Minjinum Lot Size. (Amended by Ord. 3413, 1215/83)
1. Each main dwelling unit and its permitted accessory buildings shall be located upon
a lot having a minimum net lot width and a minimum lot area, as indicated below for
the symbol shown on the lot on the applicable Santa Barbara County Zoning Map.
(Amended by Or~ 4111, 7/20/93)
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Minimum Net
Zonin S mbol Minimum L~t Size Lot Width Ft.
7-R-1 7,000 sq.ft. (net) 65
8-R-1 8,000 sq.ft. (net) 75
1O-R-1 10,000 sq.ft. (net) 80
12-R-1 12,000 sq.ft. (net) 80
15-R-1 15,000 sq.ft. (net) 90
20-R-1 20,000 sq.ft. (net) 100
1-E-1 120
1 acre (gross)
2-E-1 2 acres (gross) 150
3-E-1 3 acres (gross) 210
5-E-1 5 acres (gross) 270
10-E-1 10 acres (gross) 380
2. A dwelling may be located upon a smaller lot if such lot is shown as a legal lot, either
on a recorded subdivision or parcel map or is a legal lot as evidenced by a recorded
certificate of compliance.
Sec. 35-219.7. Setbacks for Buildings and Structures.
Front: Fifty (50) feet from the centerline and twenty (20) feet from the right-of-way
line of any street except that when the property fronts on a private roadway easement
serving or having the potential to serve five or more parcels the setback shall be twenty
(20) feet from the easement line. (Amended by Ord. 389], 2/21/9])
2. Side: On each side of the lot, ten percent of the width of the lot, except:
a. For lots zoned 2-E-1 or less, in no case shall the required side yard be less than
five (5) feet nor more than ten (10) feet. (Amended by Ord. 4111, 7/29/93)
b. For lots zoned 3-E-1 or more, in no case shall the required side yard be less than
ten (10) feet nor more than twenty (20) feet.
3. Rear: Twenty-five (25) feet or fifteen (15) feet if the rear yard abuts a permanently
dedicated open space or a street to which access has been denied as part of an
approved subdivision or other approved development permit. (Amended by Ord. 3981,
2/21/92)
Sec. 35-219.8. Permitted Variations of Setbacks for Buildings.
Side: The required side yard setback for portions of a building may be varied subject
to all of the following limitations:
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56 May 1994
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a. For lots zoned 1-E-1 or less, no portion of the building shall be less than five (5)
feet from the side lines of the lot. For lots zoned 3-B-i or more, no portion of
the building shall be less than ten (10) feet from the side lines of the lot.
b. No portion of a wall containing windows opening into rooms of a building (except
a garage) shall be closer to the side lines of a lot than the required side yard
setback.
c. Where the side of the building is parallel to the side property line, the average
distance of the building from the side line of the lot shall equal the required side
yard setback. Said average distance shall be computed by multiplying the length
of the various segments of the appropriate side of the building by their
corresponding distances from the side property line and dividing the sum of the
products by the total length of the building. Where the side of the building is not
parallel to the side property line, the area of the building located inside the side
yard setback shall be compensated by an equal or greater area within the segment
of the side of the building located outside of the side yard setback and the side
yard setback line. (Amended by Ord. 3981, 2/21/92)
2. Rear: The required rear yard setback for a portion of a building may be varied subject
to all of the following limitations:
a. No portion of a building used for dwelling purposes shall be closer than fifteen
(15) feet to the rear line of the lot.
b. Where the rear of the building is parallel to the rear property line, the average
distance of the building from the rear property line shall equal the required rear
yard setback. Said average distance shall be computed by multiplying the length
of the various segments of the rear of the building by their corresponding
distances from the rear property line and dividing the sum of the products by the
total width of the rear of the building. Where the rear of the building is not
parallel to the rear property line, the area of the building located inside the rear
yard setback shall be compensated by an equal or greater area within the segment
of the rear of the building located outside of the rear yard setback and the rear
yard setback line. (Amended by Ord. 3981, 2/21/92)
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ILLUSTRATION
SIDE/REAR YARD VARIATIONS
(SECTION REFERENCE 35-219.8)
THIS: SIDE/REAR YARD
SETBACK
SIDE/REAR YARD
`7< SETBACK
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Sec. 35-219.9. Distance Required Btween Buildings on the Same Building Site.
The minimum distance between a building designed or used for human habitation and
any other detached building on the same building site shall be five (5) feet. (Amended by Ord.
3793, 01/09/90)
Sec. 35-219.10. Height Limit.
No building or structure shall exceed a height of thirty-five (35) feet.
Sec. 35-219.11. Parking.
Parking shall be provided as specified in DIVISION 6, PARKING REGULATIONS.
In addition, not more than one bus or non-passenger motor vehicle or trailer used in
commerce may be parked overnight on any lot, provided such bus, motor vehicle, or trailer
does not exceed two axles, four tons, or eight feet in height and provided further that this
restriction shall not apply to the emergency overnight parking of disabled motor vehicles or
trailers and the occasional overnight parking of moving vans, pickup, or delivery or
construction vehicles or trailers when such occasional overnight parking is reasonably serving
the residential use of a particular lot.
Sec. 35-219.12. Animals.
1. Not to exceed one horse, mule, goat, cow , swine, or other similar size
animal shall be permitted for each 20,000 square feet of gross area on each
lot provided that not more than three swine or five such other animals shall be
permitted on any lot. In no case shall said animals be kept for commercial purposes.
2. No stable, barn or other large animal enclosure (i.e., paddock) shall be located on a
lot, excluding a combination of lots, having a gross area of less than 20,000 square feet.
No portion of a stable or barn shall be located closer than: (1) 40 feet to the door or
window of any dwelling on another lot; (2) 70 feet to any street centerline and 20 feet
to the right-of-way; (3) 15 feet from the rear property line; and (4) ten feet from the
side property lines.
3. There shall not be more than three (3) dogs permitted on any one lot.
4. Small animals (e.g., chickens, birds, ducks, rabbits, bees, etc.) shall be permitted
provided that:
a. Such small animals are for the domestic use of the residents of the lot only and
are not kept for commercial purposes.
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b. The keeping of such small animals is not injurious to the health, safety, or welfare
of the neighborhood and does not create offensive noise or odor as determined
by the Director after advice from the County Health Department.
c. Enclosures for such small animals shall be no closer than 25 feet to any dwelling.
Sec. 35-219.13. Maximum Gross Floor Area (Floor Area Ratio or FAR).
None, except that where a Residential Second Unit has been approved, the total gross
floor area of all covered structures shall be subject to the requirements of DIVISION 7
(GENERAL REGULATIONS), Section 35-291 .6.6. (Development Standards) for attached
second units, or Section 35-291a.6.5. (Development Standards) for detached second units.
(Added by Ord. 4]84, 3/]4/95)
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See. 35-220. ~wo-Fami1 Residential.
Sec. 35-220.1. Purpose and Intent.
The purpose of this district is to provide areas for multiple residential development in
the form of duplexes and to maintain a residential character similar to that found in
single-family neighborhoods. The intent is to ensure
compatibility of duplex development with surrounding multiple and single-family residences
and the local neighborhoods.
Sec. 35-220.2. Processing.
No permits for development, including grading, shall be issued except in conformance
with Sec. 35-314. (Land Use Permits).
Sec. 35-220.3. Permitted Uses. (Amended by Ord. 3500, 04/01/85)
1. Single-family dwellings and two-family dwellings, i.e., duplexes.
2. Uses, buildings, and structures customarily incidental to single-family and two-family
dwellings, for exclusive use of the residents of the site and their guests and not
involving the maintenance of a commercial enterprise on the premises.
3. Home occupations subject to the provisions of Sec. 35-269. (General Regulations).
4. Orchards, truck and flower gardens, and the raising of field crops, provided there is no
sale on the property of the products produced.
5. Greenhouses, hot houses, and other plant protection structures not exceeding 300
square feet, used only for the propagation and cultivation of plants,
provided no advertising sign, commercial display room, or sales stand is maintained in
connection therewith.
6. The keeping of animals and poultry subject to the provisions of Sec. 35-219.12. (R-1/E-
1, Animals).
7. Public parks, public playgrounds, and community centers.
Sec. 35-220.4. Uses Permitted With a Major Conditional Use Permit.
1. Commercial kennels.
2. Golf courses and facilities incidental and subordinate to such use (e.g., pro shop,
restaurant, dnving range) but not including commercial driving tees, putting courses,
or miniature golf courses. (Added by Ord. 4063, 8/18/92)
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Sec. 35-220.5. Uses Permitted With a Minor Conditional Use Permit.
1. Greenhouses, hot houses, and other plant protection structures in excess of 300 square
feet but in no case shall such structures exceed an area of 800 square feet, provided
no advertising sign, commercial display room, or sales stand is maintained in
connection therewith.
2. The commercial raising of worms.
3. Child day care in a residence when the number of children cared for exceeds twelve.
(Amended by Ord. 3500, 04/01/85)
Sec. 35-220.6. Minimum Lot Size.
1. Each main dwelling unit and its permitted accessory buildings shall be located upon
a lot having a minimum net lot width and a minimum net lot area, as indicated below
for the symbol shown on the lot on the applicable Santa Barbara County Zoning Map.
Minimum Net Minimum Net
~ Lot Size Sq. Ft. Lot Width Ft.
7-R-2 7,000 65
8-R-2 8,000 75
10-R-2 10,000 80
12-R-2 12,000 80
15-R-2 15,000 90
20-R-2 20,000 100
30-R-2 30,000 110
2. Dwellings may be located upon a smaller lot if such lot is shown as a legal lot either
on a recorded subdivision or parcel map or is a legal lot as
evidenced by a recorded certificate of compliance. However, notwithstanding the
preceding and the minimum lot sizes identified in the General Regulations Section of
Article II (Section 35.128. Area of Lots), the minimum lot size needed for a duplex in
the 10-R-2 zone district within the SUM Overlay District shall be 10,000 square feet.
(`4mended by Ord. 4035, 5/19/92)
Sec. 35-220.7. Setbacks for Buildings and Structures.
1. Front: Fifty (50) feet from the centerline and twenty (20) feet from the right-of-way
line of any street except that when the property fronts on a private roadway easement
serving or having the potential to serve five or more parcels the setback shall be twenty
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61 1994
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(20) feet from the easement line. (Amended by Ord. 3982, 2/21/92)
2. Side: On each side of the lot, ten percent of the width of the lot but in no case shall
the required side yard be less than five (5) feet nor more than ten (10) feet.
3. Rear: Twenty-five (25) feet or fifteen (15) feet if the rear yard abuts a permanently
dedicated open space or a street to which access has been denied as part of an
approved subdivision or other approved development permit. (Amended by Ord. 3982,
2/21/92)
Sec. 35-220.8. Permitted Variations of Setbacks for Buiidings.
I . Side: The required side yard setback for portions of a building may be varied subject
to all of the following limitations:
a. No portion of the building shall be less than five (5) feet from the side lines of the
lot.
b. No portion of a wall containing windows opening into rooms of a building (except
a garage) shall be closer to the side lines of a lot than the required side yard
setback.
c. Where the side of the building is parallel to the side property line, the average
distance of the building from the side line of the lot shall equal the required side
yard setback. Said average distance shall be computed by multiplying the length
of the various segments of the appropriate side of the building by their
corresponding distances from the side property line and dividing the sum of the
products by the total length of the building.
Where the side of the building is not parallel to the side property line, the
area of the building located inside the side yard setback shall be compensated by
an equal or greater area within the segment of the side of the building located
outside of the side yard setback and the side yard setback line.
2. Rear: The required rear yard setback for a portion of a building may be varied subject
to all of the following limitations:
a. No portion of a building used for dwelling purposes shall be closer than fifteen
(15) feet to the rear line of the lot.
b. Where the rear of the building is parallel to the rear property line, the average
distance of the building from the rear property line shall equal the required rear
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62 May 1994
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yard setback. Said average distance shall be computed by multiplying the length
of the various segments of the rear of the building by their corresponding
distances from the rear property line and dividing the sum of the products by the
total width of the rear of the building.
Where the rear of the building is not parallel to the rear property line, the area
of the building located inside the rear yard setback shall be compensated by an
equal or greater area within the segment of the rear of the building located
outside of the rear yard setback and the rear yard setback line. (Amended by Ord.
3982, 2/21/92)
Sec. 35-220.9. Distance Required Between Buildings on the Same Building Site.
The minimum distance between a building designed or used for human habitation and
any other detached building on the same building site shall be five (5) feet. (Amended by Ord.
3793, 01/09/90)
Sec. 35-220.10. Height Limit.
No building or structure shall exceed a height of thirty-five (35) feet.
Sec. 35-220.11. Parking.
Parking shall be provided as specified in DIVISION 6, PARKING REGULATIONS.
In addition, in any area subject to the provisions of this district, not more than one bus or
non-passenger motor vehicle or trailer used in commerce may be parked overnight on any
lot, provided such bus, motor vehicle, or trailer does not exceed two axles, four tons, or eight
feet in height and provided further that this restriction shall not apply to the emergency
overnight parking of disabled motor vehicles or trailers and the occasional overnight parking
of moving vans, pickup, or delivery or construction motor vehicles or trailers when such
occasional overnight parking is reasonably serving the residential use of a particular lot.
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See. 35-221. EX-1 One-Family Exclusive Residential.
Sec. 35-221.1. Purpose and Intent.
The purpose of this district is to provide high standards for residential estate
development on lots greater than one acre in size. It is the intent of this district to insure
that such development protects the residential character of the area and is consistent with
sound standards of public health, welfare, and safety.
Sec. 35-221.2. Processing.
No permits for development, including grading, shall be issued except in conformance
with Sec. 35-314. (Land Use Permits).
Sec. 35-221.3. Permitted Uses.
1. One single-family dwelling per legal lot. Such dwelling may be a mobile home certified
under the National Manufactured Construction and Safety Standards Act of 1974 (42
U.S.C. ~ 5401 el seq.) on a permanent foundation system, pursuant to Health & Safety
Code § 18551, and subject to the provisions of Sec. 35-282. (General Regulations).
Except as provided herein, trailers in any condition shall not be used for any purpose.
(Amended by Ord. 3983, 2/2]/92)
2. One guest house or artist studio subject to the provisions of Sec. 35-268. (General
Regulations). (Amended by Ord. 3790, 1/9/90)
3. Golf courses and facilities incidental and subordinate to such use (e.g.,
restaurant, pro shop, driving range) but not including commercial tees, putting courses
or miniature golf courses.
4. Parks, playgrounds, and community facilities operated by a non-profit homeowners
association.
5. Orchards, truck and flower gardens, and the raising of field crops.
6. Greenhouses, hothouses, and other plant protection structures not exceeding 300
square feet used only for the propagation and cultivation of plants, provided no
advertising sign, commercial display room, or sales stand is maintained in connection
therewith.
7. The keeping of animals and poultry subject to the provisions of Sec. 35-219.12.
(R-1/B-l Animals).
8. Home occupations subject to the provisions of Sec. 35-269. (General Regulations).
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9. One Attached Residential Second Unit subject to the provisions of Sec. 35-291.
(Attached Residential Second Units). (Added by Ord. 4128, 11/16/93)
10. Uses, buildings, and structures customarily incidental to residential units and not
involving the maintenance of a commercial enterphse on the premises.
Sec. 35-221.4. Uses Permitted with a Conditional Use Permit.
Only the following uses and no other uses whatsoever may be permitted by Conditional
Use Permit pursuant to the procedures set forth in Sec. 35-315. (Conditional Use Permits).
Major Conditional Use Permits.
a. Animals, use of property for animals in excess of the number permitted in this
district.
b. Club.
c. Educational institution.
d. Electric substations subject to regulations of the PU-Public Utilities District, Sec.
35-238.
e. Private kennels. (Added by Ord. 4063, 8/18/92)
2. Minor Conditiorial Use Permits.
a. Greenhouses, hothouses, and other plant protection structures in excess of 300
square feet but in no case shall such structures exceed an area of 800 square feet,
provided no advertising sign, commercial display room, or sales stand is
maintained in connection therewith.
b. Fences and walls over six (6) feet in height.
c. Special care homes. (Amended by Ord. 3983, 2/21/92)
d. One Detached Residential Second Unit, subject to the development standards and
requirements set forth in DIVISION 7, GENERAL REGULATIONS, Sec. 35-
291a (Detached Residential Second Units) and DIVISION 10, PERMIT
PROCEDURES, Sec. 35-315 (Coriditional Use Permits). (Amended by Ord. 4128,
11/16/93)
Sec. 35-221.5. Minimum Lot Size.
Each main dwelling unit and its permitted accessory buildings shall be located upon
a lot having a gross lot area and a gross lot width as indicated below for the symbol
shown on the lot on the applicable Santa Barbara County Zoning Map.
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Minimum Minimum
Zoning Symbol Gross Lot Area Gross Lot Width
3.5-EX-i 3.5 acres 225 feet
2.5-EX- 1 2.5 acres 200 feet
1.5-BX-1 1.5 acres 150 feet
2. For the purpose of this Section "lot width' is defined as the distance between the side
lines of the lot measured at the front setback line of the main dwelling provided,
however, that as to lots having no front setback line, lot width shall be the average
distance between the side lines of the lot most nearly perpendicular to the nearest
street, omitting easements or lot extensions necessary to gain access to such lots.
3. Dwellings may be located upon a smaller lot if such lot is shown as a legal lot either
on a recorded subdivision or parcel map or is a legal lot as evidenced by a recorded
certificate of compliance.
Sec. 35-221.6. Setbacks for Buildings and Structures.
Front: Seventy-five (75) feet from the centerline of any street but one hundred and
twenty-five (125) feet from the centerline of any street having a right-of-way width of
eighty (80) feet or more. A through lot shal] be considered as having two front yards.
2. Side: On each side of a dwelling, twenty-five (25) feet, except as otherwise herein
provided. The side yard setback required on the street side of a corner lot shall be the
same as the front yard setback required on that street. In case of a through lot, the
side yards shall extend the full depth of the lot between street lines. For lots of less
than 150 feet in width, not more than 33-1/3% of the total lot width shall be required
for the total side yard setbacks, such reduced setbacks shall be equal in width on both
sides of the lot for non-corner lots and equally reduced on both sides of the lot for
corner lots. If the side yard setbacks are reduced for a dwelling under the preceding
sentence, these reduced setbacks shall not apply to accessory buildings such as stables.
3. Rear: Twenty-five (25) feet.
4. Interior lots: On lots having no street frontage, all setbacks shall be a minimum of 25
feet.
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5. Accessory Buildings:
a. Any portion of a main building designed for or occupied by an accessory use shall
be so located as to comply with all requirements of this district relating to use,
setbacks, and heights of buildings applicable to the main building.
b. Accessory buildings shall be located so as to conform to setback regulations of this
district, except in the case of swimming pools and appurtenant structures (e.g.,
decks, equipment) wherein front, side, and rear setbacks may be decreased by 15
feet.
Sec. 35-221.7. Distance Required Between Buildings on the Same Building Site.
The minimum distance between buildings designed or used for human habitation on
the same building site shall be fifty (50) feet. The minimum distance between a building
designed or used for human habitation and any other building on the same building site shall
be ten (10) feet if the detached building is one story or fifteen (15) feet if the detached
building is two stories.
Sec. 35-221.8. Height Limit.
No building or structure shall exceed thirty (30) feet in height.
Sec. 35-221.9. Parking.
Parking shall be provided as specified in DIVISION 6, PARKING REGULATIONS,
except:
1. There shall be provided at the time of the erection of the main building or structure,
or at the time any main building or structure is enlarged, or guest houses erected a
minimum of 6 off-street parking spaces with adequate provisions for ingress from and
egress to the street.
2. No more than one bus or non-passenger motor vehicle or trailer used in commerce
may be parked overnight on any lot, provided such bus, motor vehicle, or trailer does
not exceed two axles, four tons, or eight feet in height and provided further that this
restriction shall not apply to the emergency overnight parking of disabled motor
vehicles or trailers and the occasional overnight parking of moving vans, pickup, or
delivery or construction motor vehicles or trailers when such occasional overnight
parking is reasonably serving the residential use of a particular lot.
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Sec. 35-221.10. Maximum Gross Foor Area (door Area Ratio or FAR).
None, except that where a Residential Second Unit has been approved, the total gross
floor area of all covered structures shall be subject to the requirements of DIVISION 7
(GENERAL REGULATIONS), Section 35-29 1 .6.6. (Development Standards) for attached
second units, or Section 35-291a.6.5. (Development Standards) for detached second units.
(Added by Ord. 4184, 3/]4/95)
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Sec. 35-222. ~sinResidentia1.
Sec. 35-222.1. Purpose and Intent.
The purpose of this district is to provide standards for traditional multiple residences
as well as allowing flexibility and encouraging innovation and diversity in the design of
residential developments by allowing a wide range of densities and housing types while
requiring the provisions of a substantial amount of open space within new residential
developments. The intent is to ensure comprehensively planned, well designed projects..
Sec. 35-222.2. Preliminary Development Plan to be Included in Application for Rezoning.
Unless the Planning Commission expressly waives the requirement, an application for
a rezoning to this district shall include a Preliminary Development Plan. Upon approval by
the Board of Supervisors of the rezoning and Preliminary Development Plan, the Preliminary
Development Plan may be incorporated into the rezoning ordinance.
Sec. 35-222.3. Processing.
No permits for development, including grading, shall be issued except in conformance
with an approved Final Development Plan as provided in Sec. 35-317. (Development Plans),
and with Sec. 35-314. (Land Use Permits), except that development of one single-family
dwelling on a single lot shall not require a Development Plan. Such single-family dwellings
shall be subject to the processing and development requirements of the R-1/E-1 zoning
district. Modifications to Development Plans may be granted by the Planning Commission
or Board of Supervisors pursuant to Sec. 35-317.8. (Development Plans). (Amended by Ord.
3984, 2/21/92)
Sec. 35-222.4. Permitted Uses. (Amended by Ord. 3500, 04/01/85)
1. Single-family, duplex, triplex, and multi-family dwelling units, including developments
commonly known as row houses, town houses, condominiums, cluster, and community
apartment projects.
2. Parking lots, carports, and garages designed and used for individual units within the
district and either adjacent to such units or centrally located to serve a group of units.
3. Non-Residential Child Care Centers, that are accessory and subordinate to uses
permitted by this Section 35-222.4., for use by on-site residents and/or employees of
the development, when sited and designed to ensure compatibility with other permitted
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uses on the project site and on adjacent parcels. (Added by Ord. 4063, 8/18/92)
4. Uses, buildings, and structures incidental, accessory, and subordinate to permitted uses
and not involving the maintenance of a commercial enterprise on the premises.
5. Golf courses.
6. Public parks, public playgrounds, and community centers.
7. Home occupations, subject to the provisions of Sec. 35-269. (General Regulations).
8. The following uses are permitted, subject to the regulations set forth in the R-1/B-1
district:
a. Keeping of animals.
b. Greenhouses, hothouses, and other plant protection structures.
9. Orchards, truck and flower gardens, and the raising of field crops, provided there is no
sale on the property of the products produced. (Amended by Ord. 3984, 2/21/92)
Sec. 35-222.5. Uses Permitted with a Major Conditional Use Permit.
1. Dormitories, student housing facilities, residence halls, sororities, and fraternities
located in an area where such facilities are to be used by students of a permitted
educational institution.
2. Commercial kennels. (Added by Ord. 4063, 8/18/92
Sec. 35-222.6. Uses Permitted with a Minor Conditional Use Permit.
1. Residential Child Care Center. (Amended by Ord. 4063, 8/18/92)
2. Private kennels. (Added by Ord. 4063, 8/18/92)
Sec. 35-222.7. Lot Size/Density.
The maximum density for each lot zoned DR shall be specified by a number following
the DR on the lot on the applicable Santa Barbara County Zoning Map and said number
represents the number of dwelling units per gross acre permitted on such lot, as follows:
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69 M~y 1994
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LER
District Dwelling Units Per Gross Land Area Per
Designation Gross Acre d~~~~1in Unit
DR-O.1 0.1 435,600 (10 acres)
0.2 0.2 217,800 ( 5 acres)
0.33 0.33 130,680 ( 3 acres)
0.5 0.5 87,120 ( 2 acres)
1 1 43,560
1.5 1.5 29,040
1.8 1.8 24,200
2 2 21,780
2.5 2.5 17,424
3 3 14,520
3.3 3.3 13,200
3.5 3.5 12,445
4 4 10,890
4.6 4.6 9,469
5 5 8,712
6 6 7,260
7 7 6,228
8 8 5,445
9 9 4,840
10 10 4,356
12 12 3,630
12.3 12.3 3,541
14 14 3,111
16 16 2,722
20 20 2,178
25 25 1,742
30 30 1,452
Sec. 35-222.8. Setbacks for Buildings and Structures.
For the purposes of this section, where clustered residential development occurs, a
street shall be defined as a public or private right-of-way providing access to five or more
dwelling units.
Front: Twenty (20) feet from the right-of-way line of any street.
2. Side and Rear: Ten (10) feet from any side or rear property line, however the
Planning Commission may increase this requirement to provide reasonable light, air,
and privacy requirements.
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See. 35-222.9. Distance Required Between Buildings on the Same Building Site.
The minimum distance between buildings designed or used for human habitation and
any other building on the same building site shall be five (5) feet. (Amended by Ord. 3793,
01/09/90)
Sec. 35-222.10. Building Coverage.
Not to exceed thirty (30) percent of the net area of the property shall be covered by
buildings containing dwelling units.
Sec. 35-222.11. Height Limit.
No building or structure shall exceed a height of thirty-five (35) feet.
Sec. 35-222.12. Parking.
In addition to the requirements of DIVISION 6, PARKING REGULATIONS, the
following regulations shall apply:
1. Parking Area Setbacks. Uncovered parking areas shall be located no closer than
fifteen (15) feet to the street right-of-way line nor closer than five (5) feet to any
property line.
2. Design.
a. Parking areas shall be arranged so as to prevent through traffic to other parking
areas.
b. Uncovered parking areas shall be screened from the street and adjacent
residences to a height of at least four (4) feet with hedges, dense
plantings, solid fences, or walls. (Amended by OTd. 4063, 8/18/92)
Sec. 35-222.13. Open Space and Landscaping.
1. Not less than forty (40) percent of the net area of the property shall be devoted to
common open space.
2. Any driveway or uncovered parking area shall be separated from property lines by a
landscaped strip not less than five (5) feet in width.
3. Title to the common open space shall be held by a non-profit association
ofhomeowners or by any other individual or entity on such reasonable terms and
conditions as the Board of Supervisors may prescribe, which may include conveying to
the County of Santa Barbara the rights to develop such property with anything except
open space or noncommercial recreation.
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4, In the case of cluster development the perimeter of the development shall be
landscaped with a minimum strip of ten (10) feet.
Sec. 35-222.14. Additional Requirements for Condominiums, Stock Cooperatives,
or Community Apartments.
The following requirements may be applied by the Planning Commission or Board of
Supervisors for condominiums, stock cooperative, or community apartments.
1. Each dwelling unit shall be provided with at least one hundred and eighty (180) cubic
feet of weatherproofed, enclosed, lockable, and easily accessible storage space on-site
in addition to the usable storage space of closets, cabinets, and pantry contained within
the dwelling units.
2. Individual metering for utilities shall be provided for each unit, unless such metering
would be in conflict with an innovative energy-efficient or resource conserving utility
system, designed for the project.
3. Provision for separate laundry facilities shall be required in each dwelling unit.
Sufficient space, utility connections, and vents to allow for the installation of a clothes
washer and dryer in each unit or in a garage, not to encroach upon parking, shall be
shown on the Final Development Plan. For all affordable housing overlay projects or
housing developments that provide a minimum of fifty (50) percent of the housing
units at the required affordable income levels, the laundry facilities may be provided
in a community style. A minimum of one standard capacity size washer and dryer shall
be provided for every four (4) dwelling units contained within the same building.
(Amended by OTd. 4128, 11/16/93)
4. Each dwelling unit shall include a private outdoor patio area(s) in the form of ground
level patios or upper story balconies. Private patios shall not be less than twenty (20)
percent of the gross floor area of the residence served. Where a required patio area
is less than two hundred (200) square feet, the requirements shall be satisfied with one
patio or balcony per dwelling unit.
5. Common open space and recreation areas shall be designed to provide access for the
handicapped.
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Sec. 35-223. ~1annedResidentia1Deve1oment.
Sec. 35-223.1. Purpose and Intent.
It is the purpose of this district to ensure comprehensively planned development of
large acreage within designated urban areas that are intended primarily for residential use.
The intent of this district is to:
1. Promote flexibility and innovative design of residential development, to provide
desirable aesthetic and efficient use of space and to preserve significant natural, scenic,
and cultural resources of a site;
2. Encourage clustering of structures to preserve a maximum amount of open space;
3, Allow for a diversity of housing types; and,
4. Provide recreational opportunities for use by both the residents of the site and the
public.
Sec. 35-223.2. Preliminary Development Plan to be Included in Application for Rezoning.
Unless the Planning Commission expressly waives the requirement, an application for
a rezoning to this district shall include a Preliminary Development Plan as part of the
application. Upon approval by the Board of Supervisors of the rezoning and Preliminary
Development Plan the Preliminary Development Plan may be incorporated into the rezoning
ordinance.
Sec. 35-223.3. Findings Required for Rezoning.
No property shall be rezoned to the PRD unless the Board of Supervisors shall first
make the following findings:
1. That the property is of the type and character which is appropriate for a Planned
Residential Development in accordance with the specific purpose and intent as set
forth in Sec. 35-223.1.
2. That the property is within a designated Urban Area as shown in the Land Use
Element of the Comprehensive Plan.
3. That the property contains not less than ten (10) acres, all of which shall be included
in the Preliminary Development Plan.
4. That the overall estimated population density which will result upon full development
of the property under the Planned Residential Development District in accordance
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with the Preliminary Development Plan is appropriate for such area and will not have
a detrimental effect upon surrounding areas nor exceed the capacity of service and
utility facilities in such surrounding areas.
5. That the proposed development as shown on the Preliminary Development Plan is in
conformance with the applicable policies of the Comprehensive Plan and this
ARTICLE.
Sec. 35-223.4. Processing.
No permits for development, including grading, shall be issued except in conformance
with an approved Final Development Plan, as provided in Sec. 35-317. (Development Plans),
and with Sec. 35-314. (Land Use Permits).
In addition to the other information required under Sec. 35-317 (Development Plans),
the following information must be filed with a Preliminary or Final Development Plan
application.
1. Relationship of project to surrounding land uses.
2. A copy of the proposed C.C.& R.'s including provisions for maintenance of open
space, facilities, and services in the project site.
Sec. 35-223.5. Specific Plans.
For those areas requiring a Specific Plan, as set forth in the Land Use Element of the
Comprehensive Plan, a Specific Plan shall be filed and approved prior to submittal of a
Preliminary Development Plan. The Director of Planning and Development shall waive the
requirement for the Preliminary Development Plan if it is found that the approved Specific
Plan provides the same information as required for a Preliminary Development Plan. All
Development Plans shall be in conformance with the Specific Plan for the project area.
Sec. 35-223.6. Findings Required for Approval of Development Plans.
In addition to the findings for Development Plans set forth in Sec. 35-317.7.
( Development Plans), no Preliminary or Final Development Plan shall be approved for
property zoned or to be rezoned to PRD unless all of the following findings are made:
1. That the density and type of the proposed development is in conformance with the
PRD District and applicable Comprehensive Plan policies.
2. That adequate provisions have been made within the proposed covenants, conditions,
and restrictions to establish permanent care and maintenance of public and common
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open spaces and recreational areas and facilities.
3. That the buildings and structures are clustered to the maximum extent feasible to
provide the maximum amount of contiguous open space.
Sec. 35-223.7. Permitted Uses.
1. Residential units, either attached or detached, including single-family dwellings,
duplexes, row houses, townhouses, apartments, and condominiums.
2. Recreational facilities, including but not limited to tennis courts, swimming pools,
playgrounds, and parks for the private use of the residents of the development and/or
public, provided such facilities are not operated for remuneration.
3. Laundromat, meeting rooms, for use by residents of the development. (Amended by Ord.
4063, 8/18/92)
4. Home occupations, subject to the provisions of Sec. 35-269. (General Regulations).
(Amended by Ord. 3791, 01/09/90)
5. Non-Residential Child Care Centers, that are accessory and subordinate to uses
permitted by this Section 35-223.7., for use by on-site residents and/or employees of
the development, when sited and designed to ensure compatibility with other permitted
uses on the project site and on adjacent parcels. (Added by Ord. 4068, 8/18/92)
6. Uses, buildings, and structures incidental, accessory, and subordinate to permitted uses.
Sec. 35-223.8. Uses Permitted with a Major Conditional Use Permit.
The following uses may be permitted in developments of two hundred dwelling units
or more, subject to the issuance of a Conditional Use Permit as provided in Sec. 35-315.
(Conditional Use Permits).
1. Commercial recreational facilities provided that such facilities are compatible with
residential use, i.e., racquet ball courts, swim or tennis clubs, etc.
2. Convenience establishments of a commercial and service nature serving such day to
day needs of residents in the immediate area as food, drugs, gasoline, and other
incidentals. Such convenience establishments shall be an integral part of the
development, providing services related to the needs of the residents, and collectively
occupying no more than two acres. These convenience establishments shall not by
reason of their location, construction, manner or timing of operations, signs, lighting,
parking arrangements, or other characteristics have adverse effects on residential uses
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within or adjoining the development or create traffic congestion or hazards to vehicular
or pedestrian traffic.
Sec. 35-223.9. Requirements of the Land Use Element.
Additional site specific requirements for property designated for Planned Development,
PD, on the Land Use Element Maps may be set forth in the text of the Land Use Element.
Sec. 35-223. 10. Lot Size/Density.
No minimum lot size. The maxirnum density for each property zoned PRD is specified
in the Land Use Element. The total number of dwelling units shall not exceed the density
specified.
Sec. 35-223.11. Setbacks for Buildings and Structures.
There are no standard setback requirements provided in this district. Use of standard
zoning methods generally employed throughout the unincorporated area of the County of
Santa Barbara does not give adequate means by which the County can accomplish the
results desired in this district.
Setbacks shall be proposed and approved on the Preliminary and Final Development
Plans in order to protect and preserve property values of the site and adjacent properties,
ensure compatibility of different uses, avoid nuisances, and advance the general welfare
within the PRD District. In addition, siting of structures shall be based on the following
factors: privacy, light and air, solar exposure, building configuration, and aesthetics.
Sec. 35-223.12. Building Coverage.
Not more than thirty (30) percent of the net area of the property shall be covered by
buildings containing dwelling units, and in no case shall the total building coverage exceed
fifty (50) percent of the net area of the property.
Sec. 35-223.13. Height Limit.
No building or structure shall exceed a height of thirty-five (35) feet.
Sec. 35-223.14. Parking.
In addition to the requirements of DIVISION 6, PARKING REGULATIONS, the
following regulations shall apply:
1. Design.
a. Parking areas shall be arranged so as to prevent through traffic to other parking
areas.
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b. Uncovered parking areas shall be screened from the street and adjacent
residences to a height of at least four (4) feet with hedges, dense plantings, solid
fences, or walls. (Amended by Ord. 4068, 8/]8/92)
Sec. 35-223.15. Streets.
Streets may be public or private; however, all private streets shall be required to be
constructed to County standards and adequate provisions shall be made in the C.C.& R.'s
to ensure maintenance of private streets. The standards for any on-site improvements
(streets, walks, drainage, and utilities) may be modified for a PRD by the County upon
recommendation from the Roads Division or Planning and Development Department.
Street design shall relate to the function of the street and, particularly in hillside areas,
where no onstreet parking is necessary or permitted, street widths may be reduced.
Innovation in street and walkway design, use of cul-de-sacs and loop streets, and reduction
of grading for streets is encouraged. Vehicular access to individual lots or units shall
generally be only from project streets.
Sec. 35-223.16. Open Space.
1. Amount. The County shall specify the required amount of public and/or common
open space in a Planned Residential Development at the time of approval of the
Preliminary Development Plan but in no case shall the total amount of public and/or
common open space be less than forty (40) percent of the gross acreage.
Determination of the appropriate amount of public and/or common open space shall
be based on consideration of the following factors: (a) the need to protect for public
use areas historically used by the public such as trails, (b) the avoidance of siting of
structures in hazardous areas or on steep slopes, and (c) the protection of
environmentally sensitive habitat areas and archaeological sites, and (d) protection of
scenic areas of the site. Lands to be preserved as open space may be dedicated in fee
to the County of Santa Barbara or other public agency or may remain in private
ownership with dedication of only appropriate scenic and/or open space easements.
For lands counted as public open space that remain in private ownership, the County
shall require granting ofan easement guaranteeing the public's right of access and use
of such open space.
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2. Maintenance of Public Open Space. The County may require the applicant to
maintain all public open spaces and related facilities for a specified period affer
occupancy of the PRD or may require payment of an in-lieu fee if the County
maintains the public open space and related facilities. If the applicant is to maintain
public open spaces, prior to the issuance of any permits for construction, a bond or
other approved security shall be posted guaranteeing such maintenance.
3. Maintenance of Common Open Space. The common open space shall be deeded to
the Homeowner's Association and held in undivided ownership by the owners of the
PRD. Preservation and maintenance of all common open space and communal
recreational facilities shall be guaranteed by a restrictive covenant describing the open
space and its maintenance and improvements and running with the land as described
in the approved Final Development Plan.
Sec. 35-223.17. Landscaping.
Landscaping shall be installed and maintained in accordance with the approved Final
Development Plan.
Along each side or rear yard of the PRD District abutting property zoned other than
PRD an adequate buffer consisting of fencing, walls, plant materials, or any combination
thereof shall be installed and maintained to protect adjacent properties from impacts of
noise or lighting and to provide separation between different uses. Such buffer shall be
depicted on the Preliminary and Final Development Plan.
Sec. 35-223. 18. Homeowner's Association.
At the time of submittal of the Preliminary Development Plan, the applicant shall file
a description of the proposed organization of the Homeowners Association including
conditions, covenants, and restrictions that will govern the Association. Such description
shall be reviewed by County Counsel who shall make a recommendation to the Planning
Commission. Required provisions shall include but are not limited to the following:
1. The Homeowners' Association shall be established before the homes are sold.
2. Membership shall be mandatory for each home buyer and any successive buyer.
3. The Association shall be responsible for liability insurance, property taxes, and
maintenance of common open space and recreational and other common facilities.
4. Homeowners shall pay their pro rata share of all costs of the Association and the
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assessment levied by the Association can become a lien on the property.
5. The Association shall be able to adjust the assessment to meet changed needs.
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L'zSLP
See. 35-224. SLP Small Lot Planned Development.
Sec. 35-224.1. Purpose and Intent.
The purpose of this district is to increase opportunities for affordable housing by
establishing standards for the development of individual small lots for single family
residences. To this end, the intent of this SLP district is to provide housing opportunities
which meet the needs of the community, including housing for low, moderate, and middle
income households, families with children, senior citizens, and other identified households
in need. The intent is also to ensure a safe and attractive residential environment by
promoting high standards of site planning, architecture, and landscaping for small lot
planned development.
Sec. 35-224.2. Preliminary Development Plan to be Included in Application for Rezoning.
Unless the Planning Commission expressly waives the requirement, any application for
a rezoning to this district shall include a Preliminary Development Plan. Upon approval by
the Board of Supervisors of the rezoning and Preliminary Development Plan, the Preliminary
Plan shall be incorporated into the rezoning ordinance.
Sec. 34-224.3. Findings for Approval of Rezoning to the SLP District.
Prior to approving a rezoning to the SLP district, the Planning Commission and/or
Board of Supervisors shall make the following findings:
1. That the proposed SLP development provides affordable housing opportunities,
consistent with the stated purpose and intent of the SLP district.
2. That the SLP is located within an Urban Area, as designated in the Comprehensive
Plan, and withn reasonable access to employment opportunities, public transportation,
commercial centers, and schools.
Sec. 35-224.4. Processing.
No permits for development, including grading, shall be issued except in conformance
with an approved Final Development Plan as provided in Section 35-317. (Development
Plans) and in Section 35-314. (Land Use Permits).
Sec. 35-224.5. Permitted Uses. (Amended by Ord. 3500, 04/01/85).
1. One single-family dwelling per legal lot.
2. Recreational facilities for the use of the residents of the development, e.g., swimming
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pool, tennis courts, and ~ayground equipment.
3. Home occupations subject to the provisions of Sec. 35-269. (General Regulations).
4. Non-Residential Child Care Centers, that are accessory and subordinate to uses
permitted by this Section 35-224.5., for use by on-site residents and/or employees of
the development, when sited and designed to ensure compatibility with other permitted
uses on the project site and on adjacent parcels. (Added by Ord. 4068, 8/18/92)
5. Uses, buildings, and structures customarily incidental to single-family dwellings, for
exclusive usc of the residents of the premises and their guests and not involving the
maintenance of a commercial enterprise on the premises.
Sec. 35-224.6. Disthct Density.
1. The minimum amount of land that may be developed for a SLP shall be one acre,
provided that this minimum land area is adequate to meet the requirements of the
SLP district.
2. The maximum density of the SLP shall be seven (7) units per gross acre.
3. The minimum lot size for individual lots within the SLP shall be 4,000 sq. ft., with only
one single-family dwelling permitted per lot. Every lot shall have a minimum width of
fifty (50) feet and a minimum depth of eighty (80) feet.
Sec. 35-224.7. Setbacks for Buildings and Structures.
1. The following minimum setbacks shall apply to the perimeters of a SLPdevelopment:
No building or structure shall be located closer than fifty (50) feet from the centerline
or twenty (20) feet from the right of way line of any street, nor closer than fifteen (15)
feet to the side or rear property lines of the SLP development.
2. The following minimum setbacks shall apply to interior lots within a SLP development:
a. Front: Ten (10) feet from the front line of each lot.
b. Side: Five (5) feet on each side of the building or structure, exclusive of awnings,
etc. Where the side yard abuts an access road, public parking area or walk, said
yard shall not be less than ten (10) feet in width.
C. Rear: Ten (10) feet.
d. To maximize open space on individual lots, the side setback and minimum
distance required between buildings may be modified by the Planning Commission
to allow dwelling units to be located within one of the side yards, provided that
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the remaining side yard is equal to the sum of the two required side yards.
Sec. 35-224.8. Distance Required Between Buildings on the Same Building Site.
The minimum distance between a building designed or used for human habitation and
any other detached building shall be five (5) feet. (Amended by Ord. 3793, 01/09/90)
Sec. 35-224.9. Lot Coverage.
All buildings and structures shall not occupy more than sixty (60) percent of each
single-family lot.
Sec. 35-224.10. Height Limit.
No building or structure shall exceed twenty-five (25) feet in height.
Sec. 35-224.11. Parking.
In addition to the requirements of DIVISION 6, PARKING REGULATIONS, the
following regulations shall apply:
1. Two parking spaces shall be provided for each individual lot. Such parking spaces may
be permitted on individual lots or one parking space may be provided on each lot and
the other parking space may be located in common parking areas located thr9ughout
the SLP development.
2. Common parking areas shall be located no closer than ten (10) feet to any lot line.
3. Any carport or garage shall be set back a minimum of fifteen (15) feet from the front
line of the lot on which it is located.
Sec. 35-224.12. Open Space and Landscaping.
1. A minimum of fifteen (15) percent of the gross area shall be in common open space,
which shall include a recreational area with facilities for the use of the residents of the
development. Such facilities shall generally be provided in a central location and may
include lawn and picnic areas, swimming pools, tennis courts, etc. Laundry facilities
or other non-recreational uses shall not be included in the common open space.
Improved sidewalks, walkways or paths shall link all residential lots to the recreational
facilities. If the SLP is to be developed in phases, the open space/community
recreation area must be developed during the first phase of construction.
2. Title to the common open space, common recreational facilities , comm onparking
areas, and private streets shall be conveyed to a non-profit association of all
homeowners within the project area, or any other non-profit individual or entity on
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such reasonable terms and conditions as the Board of Supervisors may prescribe
subject to conveying to the County of Santa Barbara the rights to develop such
property with anything except open space, non-commercial recreational facilities,
common parking areas, and private streets. Preservation and maintenance of all
common open space, common recreational facilities, common parking areas, and
private streets shall be the obligation of the individual or entity holding title to said
areas
3. Perimeter setback areas which are part of the common open space of the SLP shall
be landscaped. Unsightly areas within the development such as common parking
areas, trash storage areas, etc., shall be thoroughly screened by landscaping.
Sec. 35-224. 13. Additional Requirements.
Tool shed and equipment storage structures shall be permitted on each lot but shall
not be located in the front, side, or rear setback area.
2. Storage parking areas for recreational vehicles (travel trailers, campers, etc.) shall be
provided at a ratio of one parking space per five residential lots. These areas shall be
screened by landscaping and fences for aesthetic and secunty purposes. This
requirement may be modified by the Planning Commission or Board of Supervisors
subject to one of the following findings: (1) there is adequate provision for parking
for recreational vehicles on individual lots; (2) opportunities for such parking exist
within a reasonable distance of the SLP development; (3) adequate standards for
suchparking are provided in the C.C& R's for the SLP development.
3. The exterior design and finish of all buildings and structuies within the SLP shall be
compatible. For all buildings and structures, the Development Plan shall include the
following: the building envelope or footprint of each lot, a description of the colors
and finishes of exterior walls, roof lines, and other exterior design features determined
by the County to be necessary for compatibility.
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Sec. 35-224A. C-1-GOL Limited Commercial-Goleta. (Added by Ord. 4111, 7/20/93)
Sec. 35-224A.1. Purpose and Intent.
The purpose of the C-i zone district is to provide areas for commercial activities,
including both retail businesses and service commercial activities, that serve the local
community. This zone district allows diverse uses, yet restricts the allowable uses to those
that are also compatible with neighboring residential land uses in order to protect such uses
from any negative impacts such as noise, odor, lighting, traffic, or degradation of visual
aesthetic values. This district applies only within the Goleta Community Plan Area as
identified in the `tGoleta Planning Area Land Use map".
Sec. 35-224A.2. Processing.
1. No permits for development including grading shall be issued except in conformance
with Sec. 35314 (Land Use Permits).
2. Prior to the issuance of any land use permit for buildings and structures which exceed
5,000 square feet in gross floor area, a Final Development Plan shall be approved as
provided in Sec. 35-317 (Development Plans).
3, Prior to the issuance of any development permit for buildings or structures, all final
plans of buildings and structures shall be approved by the Board of Architectural
Review, as provided in Sec. 35-329 (Architectural Review.)
Sec. 35-224A.3. Permitted Uses.
1. Retail stojes, shops or establishments supplying commodities for residents in the
surrounding neighborhood, provided that such enterprises are conducted entirely within
an enclosed building, such as bakeries, ice cream shops, grocery and liquor stores
hardware and appliance stores, clothing and shoe stores, sporting goods stores, pet
shops, prescription pharmacies, florist shops, automobile accessory stores, garden
supply stores and other similar uses, but not including uses which are incompatible with
their adjoining residential uses due to noise, glare, odor and hazardous material
concerns, such as amusement enterprises, miniature golf courses, automobile and
machinery sales or service establishments, music recording studios, pool supply stores
or car washes.
2. Service uses conducted entirely indoors such as laundry, laundromats, dry-cleaning sub-
stations, barber shops, beauty parlors, shoe repair and tailor shops, photography
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studios, radio and repair shops, physical fitness studios, and other similar uses.
3. Restaurants and cafes, including outdoor restaurant, cafe or tea room.
4. Financial institutions such as banks, excluding corporate offices, and savings and loan
offices and general business offices which would serve the neighborhoods, such as real
estate offices and general practitioners' offices, but not including trade or business
schools.
5. Retail Plant nurseries.
6. Community non-profit recycling facility.
7. Child Care Facilities.
8. One Single Family Residence, on a lot where there is no commercial use, subject to
the regulations set out in Section 35-219 (R-1/E-1).
9. On lots where commercial uses are present, residential uses that are secondary to the
pnmary commercial use.
10. Any other uses which the Planning Commission determines to be similar in character
to those enumerated in this section and not more injurious to health, safety, or welfare
of the neighborhood because of noise, odor, dust, smoke, or vibration.
1 1 . Accessory uses, buildings and structures which are customarily incidental to any of the
above uses provided:
a. There shall be no manufacture, assembly, processing, or compounding of products
other than such as are customarily incidental or essential to retail establishments.
b. Such operations are not injurious to the health, safety, or welfare of the
neighborhood because of noise, odor, dust, smoke, vibration, danger to life and
property, or other similar causes.
Sec. 35-224A.4. Uses Permitted with a Major Conditional Use Permit.
1. Small animal hospitals, provided all animals are kept within a completely enclosed,
soundproofed building designed to eliminate outdoor odor and reduce the level of
noise from such animals to the extent that adjacent residential properties will not be
adversely affected in any way by noise or odors.
2. Hotels and Motels.
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Sec. 35-224A.5. Uses Permitted with a Minor Conditional Use Permit.
1. Automobile service station, provided no gasoline is stored above ground.
2. Sales of fresh fruit, vegetables, and flowers from a motor vehicle or stand not affixed
to the ground.
3. Community Center.
Sec. 35-224A.6. Minimum Lot Size.
1. None, except for parcels where a single family residence is the only use and in those
instances the minimum lot size shall be 7,000 square feet.
Sec. 35-224A.7. Setbacks.
1. Front: Thirty (30) feet from centerline and fifteen (15) feet from nght-of-way. Open
canopies, porches, and similar unenclosed structures may extend to within five (5) feet
of the public right-of-way.
2. Side: Ten percent of the width of the lot but no less than five (5) feet and no greater
than ten (10) feet.
3. Rear: Ten (10) per cent of the depth of the lots, but in no case shall the rear setback
be required to exceed Ten (10) feet, except that for any lot having a rear boundary
abutting a lot zoned for residential uses, the required rear yard setback shall be no less
than twenty-five (25) feet.
Sec. 35-224A.8. Distance Required Between Buildings on the Same Building Site.
None, except that buildings devoted wholly or partially to a residential use shall have
a minimum distance of five (5) feet from any other detached building on the same building
site.
Sec. 35-224A.9. Height Limit.
1. No building or structure shall exceed 35 feet to the highest point of roof.
Sec. 35-224A.1O. Parking.
As required in DIVISION 6, PARKING REGULATIONS, except that required
parking spaces may be provided in publicly owned parking lots of legally constituted Parking
Districts as long as the spaces provided are within a distance of no greater than 500 feet as
measured along streets, not alleys, from the property line, subject to approval of the
availability of the parking spaces by the Parking District Governing Board and the Director.
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Sec. 35-224A.11. Landscaping.
1. Along each side abutting a residential district, there shall be provided a minimum 5 ft.
wide landscape area. In addition, a minimum of 15 feet in width from the street right-
of-way shall be landscaped.
2. For developments not requiring a Development Plan, a landscape plan shall be
approved by the Planning and Development Department and installation and
maintenance guaranteed by performance securities as set forth in Section 35-289.
(Landscape Plan).
3. All parking areas shall be landscaped as required under DIVISION 6, PARKING
REGULATIONS.
Sec. 35-224A.12. Storage.
Areas for trash or outdoor storage shall be enclosed and screened in such a manner
as to conceal all trash or stored material from public view.
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Sec. 35-224b. C-i Limited Commercial. (Added by Ord. 4145, 2/8/94)
Sec. 35-224b.1. Purpose and Intent.
The purpose of the C-i zone district is to provide areas for commercial activities,
including both retail businesses and service commercial activities, that serve the local
community. This zone district allows diverse uses, yet restricts the allowable uses to those
that are also compatible with neighboring residential land uses in order to protect such uses
from any negative impacts such as noise, odor, lighting, traffic, or degradation of visual
aesthetic values.
Sec. 35-224b.2. Processing.
1. No permits for development including grading shall be issued except in conformance
with Sec. 35-314. (Land Use Permits).
2. Prior to the issuance of any land use permit for buildings and structures which exceed
5,000 square feet in gross floor area, a Final Development Plan shall be approved as
provided in Sec. 35-317. (Development Plans).
3. Prior to the issuance of any land use permit for buildings or structures, all final plans
of buildings and structures shall be approved by the Board of Architectural Review,
as provided in Sec. 35-329. (Board of Architectural Review.)
Sec. 35-224b.3. Permitted Uses.
1. Retail stores, shops or establishments supplying commodities for residents in the
surrounding neighborhood, provided that such enterprises are conducted entirely within
an enclosed building, such as bakeries, ice cream shops, grocery and liquor stores,
hardware and appliance stores, clothing and shoe stores, sporting goods stores, pet
shops, prescription pharmacies, florist shops, automobile accessory stores, garden
supply stores and other similar uses, but not including uses which are incompatible with
their adjoining residential uses due to noise, glare, odor and hazardous material
concerns, such as amusement enterprises, miniature golf courses, automobile and
machinery sales or service establishments, music recording studios, pool supply stores
or car washes.
2. Service uses conducted entirely indoors such as laundry, laundromats, dry-cleaning sub-
stations, barber shops, beauty parlors, shoe repair and tailor shops, photography
studios, radio and repair shops, physical fitness studios, and other similar uses.
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3. Restaurants and cafes, including outdoor restaurant, cafe or tea room.
4. Financial institutions such as banks, excluding corporate offices, and savings and loan
offices and general business offices which would serve the neighborhoods, such as real
estate offices and general practitioners' offices, but not including trade or business
schools.
5. Retail Plant nurseries.
6. Community non-profit recycling facility.
7. Child Care Facilities.
8. Single Family Residence, on a lot where there is no commercial use, subject to the
regulations set out in Section 35-219 (R-1IB-1).
9. On lots where commercial uses are present, residential uses that are secondary to the
primary commercial use.
10. Any other uses which the Planning Commission determines to be similar in character
to those enumerated in this section and not more injun~ous to health, safety, or welfare
of the neighborhood because of noise, odor, dust, smoke, or vibration.
1 1. Accessory uses, buildings and structures which are customarily incidental to any of the
above uses provided:
a. There shall be no manufacture, assembly, processing, or compounding of products
other than such as are customarily incidental or essential to retail establishments.
b. Such operations are not injurious to the health, safety, or welfare of the
neighborhood because of noise, odor, dust, smoke, vibration, danger to life and
property, or other similar causes.
Sec. 35-224b.4. Uses Permitted with a Major Conditional Use Permit.
1 . Small animal hospitals, provided all animals are kept within a completely enclosed,
soundproofed building designed to eliminate outdoor odor and reduce the level of
noise from such animals to the extent that adjacent residential properties will not be
adversely affected in any way by noise or odors.
2. Hotels and Motels.
Sec. 35-224b.5. Uses Permitted with a Minor Conditional Use Permit.
1. Automobile service station, provided no gasoline is stored above ground.
2. Sales of fresh fruit, vegetables, and flowers from a motor vehicle or stand not affixed
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to the ground.
3. Community Center.
Sec. 35-224b.6. Minimum Lot Size.
1. None, except for parcels where residences are the only use and in those instances the
minimum lot size shall be 7,000 square feet per unit.
Sec. 35-224b.7. Setbacks.
1. Front: Thirty (30) feet from centerline and fifteen (15) feet from right-of-way. Open
canopies, porches, and similar unenclosed structures may extend to within five (5) feet
of the public right-of-way.
2. Side: Ten percent of the width of the lot but no less than five (5) feet and no greater
than ten (10) feet.
3. Rear: Ten (10) percent of the depth of the lots, but in no case shall the rear setback
be required to exceed ten (10) feet, except that for any lot having a rear boundary
abutting a lot zoned for residential uses, the required rear yard setback shall be no less
than twenty-five (25) feet.
Sec. 35-224b.8. Distance Required Between Buildings on the Same Building Site.
None, except that buildings devoted wholly or partially to a residential use shall have
a minimum distance of five (5) feet from any other detached building on the same building
site.
Sec. 35-224b.9. Height Limit.
1. No building or structure shall exceed 35 feet to the highest point of roof.
Sec. 35-224b.1O. Parking.
As required in DIVISION 6, PARKING REGULATIONS, except that required
parking spaces may be provided in publicly owned parking lots of legally constituted Parking
Districts as long as the spaces provided are within a distance of no greater than 500 feet as
measured along streets, not alleys, from the property line, subject to approval of the
availability of the parking spaces by the Parking District Governing Board and the Director.
Sec. 35-224b.1l. Landscaping.
1. Along each side abutting a residential district, there shall be provided a minimum 5-ft-
wide landscaped area. In addition, a minimum of 15 feet in width from the street
right-of-way shall be landscaped.
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2. For developments not requiring a Development Plan, a landscape plan shall be
approved by the Planning and Development Department and installation and
maintenance guaranteed by performance securities as set forth in Section 35-289.
(Landscape Plan).
3. All parking areas shall be landscaped as required under DIVISION 6, PARKING
RBGULATIONS.
Sec. 35-224b.12. Storage.
Areas for trash or outdoor storage shall be enclosed and screened in such a
manner as to conceal all trash or stored material from public view.
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Sec. 35-225. C-2 Retail Commercial.
Sec. 35-225.1. Purpose and Intent.
To provide areas for local retail business and commercial needs including stores, shops,
and offices supplying commodities or performing services for the residents of the
surrounding community.
Sec. 35-225.2. Processing.
1. No permits for development, including grading, shall be issued except in conformance
with Sec. 35-314. (Land Use Permits).
2. Prior to the issuance of any Land Use Permit for buildings and structures which total
10,000 or more square feet in gross floor area or developments which total 20,000
square feet in size, a Final Development Plan shall be approved as provided in Sec.
35-317. (Development Plans).
3. Prior to the issuance of any Land Use Permit for buildings or structures, all final plans
of buildings and structures shall be approved by the Board of Architectural Review,
as provided in Sec. 35-329. (Board of Architectural Review).
Sec. 35-225.3. Permitted Uses.
1. Amusement enterprises if conducted wholly within a completely enclosed building.
2. Automobile service station, provided no gasoline is stored above ground.
3. New and used automobile and machinery sales, leases, and rentals.
4. Automobile and machinery repair and service if conducted wholly within a completely
enclosed building or within an area enclosed by a solid wall, hedge, or fence not less
than six feet in height approved as to design by the Board of Architectural Review, but
not including automobile or machinery wrecking establishments or junk yards, or
automobile body work and painting. (Amended by Ord. 3985, 2/21/92)
5. Retail stores, shops, or establishments supplying commodities for residents of the
community, provided such enterprises are conducted within a completely enclosed
building, such as bakeries, ice cream shops, grocery, and liquor stores, furniture,
hardware, and appliance stores, department stores, sporting goods stores, pet shops,
florist shops, automobile accessory stores, and the like.
6. Repair and service uses such as laundry and dry cleaning establishments, barber shops,
beauty parlors, shoe repair and tailor shops, photography studios, copy shops, radio
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and TV repair shops, etc. (Amended by Ord. 3985, 2/21/92)
7. Restaurants, bars, and cocktail lounges.
8. Financial institutions such as banks and savings and loan offices, professional,
administrative and general business offices.
9. Business, professional, and trade schools.
10. Hotels and motels.
11. Automobile parking lot.
12. Golf course, miniature or practice range.
13. Nursery.
14. Outdoor restaurant, cafe, or tea room.
15. Music recording studio.
16. Indoor theater.
17. Public works or public service structures.
18. Any other light commercial use which the Planning Commission finds is of similar
character to those enumerated in this section and is not more injurious to the health,
safety, or welfare of the neighborhood because of noise, odor, dust, vibration, danger
to life or property, or other similar causes.
19. Single Room Occupancy Facility. (Added by Ord. 4128, 11/16/93)
20. Buildings, structures, and uses accessory and customarily incidental to any of the above
uses provided:
a. There shall be no manufacture, assembly, processing, or compounding of products
other than such as are customarily incidental or essential to retail establishments.
b. Such operations are not injurious to the health, safety, or welfare of the
neighborhood because of noise, odor, dust, smoke, vibration, danger to life or
property, or other similar causes.
Sec. 35-225.4. Uses Permitted with a Major Conditional Use Permit.
1. Amusement enterprises conducted partially or wholly outdoors.
2. Bus terminal.
3. Outdoor theater.
4. Swap meet.
5. Onshore oil drilling and production facilities, subject to the requirements set forth in
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DIVISION 8, ENERGY FACILITIES.
Sec. 35-225.5. Uses Permitted with a Minor Conditional Use Permit.
1. Small animal hospitals, provided all animals are kept within a completely enclosed
building designed to reduce odor and the level of noise from such animals to the extent
that adjacent properties will not be adversely affected by reason of such odor or noise.
2. Automobile and machinery repair and service conducted partially or wholly outdoors.
3. Used automobile and machinery sales conducted partially or wholly outdoors.
4. Boat sales yard and boat repair and services, but not including painting or junk yards
for boats. (Amended by Ord. 3985, 2/21/92).
5. Cabinet shop.
6. Cleaning and dyeing establishment.
7. Community recycling facilities.
8. Electrical shop.
9. Frozen food locker as part of a retail store.
10. Furniture repair and upholstery.
11. Handicraft-type industries subject to the provisions of Sec. 35-315. (Conditional Use
Permits).
12. Lumber and building materials sales yard.
13. Mechanical car wash.
14. Plumbing, heating, and ventilating shop.
15. Pump sales and service.
16. Outdoor sale of pool supplies, patio furniture, and spas.
17. Sale of fresh fruit, vegetables, and flowers from a motor vehicle or stand not affixed
to the ground.
18. Sales or storage lot for trailers* and recreational vehicles. (Amended by Ord. 3985, 2/21/92)
19. Sign painting shop.
20. Trailer* and truck rentals.
21. Residences provided the residential use is secondary, as defined in DIVISION 2,
DEFINITIONS, to a primary commercial use in the same lot(s). (Amended by Ord. 3985,
2/21/92)
22. Certified Farmer's Market. (Added by Ord. 4087, 12/15/92)
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23. Emergency Shelter. (Added by Ord. 4128, 11/16/93)
*For the purposes of this section, the word "trailer" shall include, in addition to the trailers already
included in the definjtion of trailer in DIVISION 2, DEflMTIONS, trailers used for carrying property.
Sec. 35-225.6. Minimum Lot Size.
None.
Sec. 35-225.7. Setbacks for Buildings and Structures.
1. Front:
a. Thirty (30) feet from the centerline and ten ( 10) feet from the right-of-way line
of any public street.
b. In addition, forty-two (42) feet from the centerline of any street with four or more
lanes or a two-lane expressway, as defined in the Circulation Element text and
designated on the Circulation Element Maps of the Comprehensive Plan.
c. Open canopies, porches, roofed or unroofed, and similar accessory structures may
encroach not more than 12 feet into the front setback area, provided that in no
event shall such structures encroach upon a public street right-of-way.
2. Side:
a. None, except when side yards are provided, they shall be a minimum of three (3)
feet.
3. Rear:
a. Ten percent of the depth of said lot, but in no case shall the rear yard setback be
required to exceed ten feet, except that for any lot having a rear boundary
abutting the rear boundary of a lot zoned residential, the required rear yard
setback shall be not less than twenty-five (25) feet.
Sec. 35-225.8. Distance Required Between Buildings on the Same Building Site.
None, except that residential buildings shall have a minimum distance of five (5) feet
from any other detached building on the same building site. (Amended by Ord. 3793, 01/09/90)
Sec. 35-225.9. Height Limit.
No building or structure shall exceed a height of thirty-five (35) feet.
Sec. 35-225.10. Parking.
As required in DIVISION 6, PARKING REGULATIONS, except that required
parking spaces may be provided in publicly owned parking lots of legally constituted Parking
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Districts subject to approval of the availability of the parking spaces by the Parking District
Governing Board and the Director.
Sec. 35-225.11. Landscaping.
For developments not requiring a Development Plan, a landscape plan shall be
approved by the Planning and Development Department and installation and maintenance
guaranteed by performance securities as set forth in Section 35-289. (General Regulations).
(Amended by Ord. 3794, 01/09/90)
All parking areas shall be landscaped as required under DIVISION 6, PARKING
REGULATIONS.
Sec. 35-225.12. Storage.
Areas for trash or outdoor storage shall be enclosed and screened in such a manner
as to conceal all trash or stored material from public view.
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Sec. 35-226. C-3 General Commercial.
Sec. 35-226.1. Purpose and Intent.
The purpose of this district is to provide areas for wholesale and heavy commercial
uses and services which are necessary within the County but which are not suited to the light
commercial district. The intent is to provide for these areas while protecting adjacent uses
from negative impacts such as noise, odor, lighting, and traffic.
Sec. 35-226.2. Processing.
1. No permits for development, including grading, shall be issued except in conformance
with Sec. 35-314. (Land Use Permits).
2. Prior to the issuance of any Land Use Permit for buildings and structures which total
10,000 or more square feet in gross floor area or developments which total 20,000
square feet in size, a Final Development Plan shall be approved as provided in Sec.
35-317. (Development Plans).
3. Prior to the issuance of any Land Use Permit for buildings or structures, all final plans
of buildings and structures shall be approved by the Board of Architectural Review,
as provided in Sec. 35-329. (Architectural Review).
Sec. 35-226.3. Permitted Uses.
1. All uses permitted in the C-2 district.
2. Bakery.
3. Bus terminal.
4. Frozen food locker.
5. Printing plant.
6. Storage warehouse including mini-storage facilities (Amended by Ord. 3986, 2/21/92).
7. Unenclosed used automobile sales lot.
8. The following uses when conducted within a completely enclosed building except for
material storage which may be permitted within an area enclosed by a solid wall, fence,
or hedge not less than six (6) feet in height:
a. Agricultural packing or processing plant.
b. Agricultural supply store or distribution center for supplies such as feed, fertilizer,
pesticides, and fuel. (Amended by Ord. 3986, 2/21/92).
c. Automobile, farm implement and machinery repair, sales and service but not
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automobile wrecking yards or junk yards.
d. Automobile body work and painting.
e. Blacksmith shop, welding shop, or machine shop.
f. Carpenter and cabinet shop.
g. Cleaning and dyeing establishment.
h. Furniture repair and upholstery.
i. Heating, plumbing, or ventilating supplies, sales and service.
j. Lumber and building materials sales yard.
k. Sign painting store.
1. Wholesale distributing center.
9. Small animal hospitals, provided all animals are kept within a completely enclosed
building designed to reduce odor and the level of noise from such animals to the extent
that adjacent properties will not be adversely affected by reason of such odor or noise.
10. Recycling centers for the collection of, in addition to domestic recyclables, non-ferrous
metals, high temperature alloys, exotics, precious metals and other similar types of
materials.
1 1. Contractors' equipment storage yard when conducted within an area enclosed by a
solid wall, hedge or fence not less than six feet in height. (Amended by Ord. 3986, 2/21/92)
12. Any other retail or wholesale store, shop, or establishment which the Planning
Commission finds is of similar character to those enumerated in this section and is not
more injurious to the health, safety, or welfare of the neighborhood because of noise,
odor, dust, smoke, vibration, danger to life and property, or other similar causes.
13. Emergency Shelter. (Added by Ord. 4128, 11/16/93)
14. Single Room Occupancy Facility. (Added by Ord. 4128, 11/16/93)
15. Buildings, structures, and uses accessory and customarily incidental to any of the above
uses, provided:
a. There shall be no manufacture, assembling, processing or compounding, of
products other than such as are customarily incidental or essential to the above
uses.
b. Such operations are not injurious to the health, safety, or welfare of the
neighborhood because of noise, odor, dust, smoke, vibration, danger to life and
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property, or other similar causes.
Sec. 35-226.4. Uses Permitted with a Major Conditional Use Permit.
1. Amusement enterpflses conducted partia~y or wholly outdoors.
2. Outdoor theater.
3. Swap meet.
4. Onshore oil drilling and production facilities, subject to the requirements set forth in
DIVISION 8, ENERGY FACILITIES.
Sec. 35-226.5. Uses Permitted with a Minor Conditional Use Permit.
1. Mechanical car wash.
2. Handicraft-type industries subject to the provisions of Sec. 35-315.12. (Conditional Use
Permits).
3. Residences, provided the residential use is secondary as defined in DIVISION 2,
DEFINITIONS, to a primary commercial use on the same lot. (Amended by Ord. 3986,
2/21/92)
4. Certified Farmer's Market. (Added by Ord. 4087, 12/15/92)
Sec. 35-226.6. Minimum Lot Size.
None.
Sec. 35-226.7. Setbacks for Buildings and Structures.
1. Front:
a. Thirty (30) feet from the centerline and ten (10) feet from the right-of-way line
of any public street.
b. In addition, forty-two (42) feet from the centerline of any street with four or more
lanes or a two-lane expressway, as defined in the Circulation Element text and
designated on the Circulation Element Maps of the Comprehensive Plan.
c. Open canopies, porches, roofed or unroofed, and similar accessory uses may
encroach not more than twelve (12) feet into the front setback area, provided that
in no event shall such uses encroach upon a public street right-of-way.
2. Side:
a. None, except when side yards are provided, they shall be a minimum of three (3)
feet.
3. Rear:
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a. Ten percent of the depth of said lot, but in no case shall the rear yard setback be
required to exceed ten feet, except that for any lot having a rear boundary
abutting the rear boundary of a lot zoned residential, the required rear yard
setback shall be not less than twenty-five (25) feet.
Sec. 35-226.8. Distance Required Between Buildings on the Same Building Site.
None, except that residential buildings shall have a minimum distance of five (5) feet
from any other detached building on the same building site. (Amended by Ord. 3793, 01/09/90)
Sec. 35-226.9. Height Limit.
No building or structure shall exceed a height of thirty-five (35) feet.
Sec. 35-226.10. Parking.
As required in DIVISION 6, PARKING REGULATIONS.
Sec. 35-226.11. Landscaping
For developments not requiring a Development Plan, a landscape plan shall be
approved by the Planning and Development Department, and installation and maintenance
guaranteed by performance securities as set forth in Sec. 35-289 (General Regulations).
(Amended by Ord. 3794, 01/09/90)
All parking areas shall be landscaped as required under DIVISION 6, PARKING
REGULATIONS.
Sec. 35-226.12. Storage.
Areas for trash or outdoor storage shall be enclosed and screened in such a manner
as to conceal all trash or stored material from public view.
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Sec. 35-227. C-S Service Commercial
Sec. 35-227.1. Purpose and Intent.
The purpose of this zone district is to provide areas for commercial activities of a
service commercial nature, including wholesale service and business facilities with ancillary
offices and inside storage areas, which are necessary within the County and are more limited
in scope than the range of uses permitted in the general commercial zones. The intent is
to provide for these areas with a zone district that is diverse, yet also restrictive, in order to
insure compatibility with and the protection of neighboring land uses from any negative
impacts such as noise, odor, lighting, traffic, or degradation of visual aesthetic values.
Sec. 35-227.2. Processing.
No permits for development, including grading, shall be issued except in conformance
with an approved Final Development Plan, as provided in Sec. 35-317. (Development Plans),
and with Sec. 35-314. (Land Use Permits).
Sec. 35-227.3. Permitted Uses.
1. The following uses when conducted within a completely enclosed building except for
material storage which may be permitted when properly screened from and
aesthetically compatible with neighboring land uses.
a. Agricultural packing and processing plant.
b. Bakery and baked goods distribution outlet.
c. Blacksmith shop, sheet metal shop, welding shop or machine shop.
d. Building contractor, sub-contractor, and supplier storage, repairing and
maintenance facilities.
e. Carpenter and cabinet shop.
f. Electrical repair shop.
g. Farm implement and machinery repair, supplies and service, automotive repair,
supplies and service, but not including automobile body work, painting, wrecking
yards or junk yards.
h. Feed and fuel store.
i. Frozen food locker.
j. Furniture repair and upholstering.
k. Industrial cleaning and dyeing establishment.
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1. Heating, plumbing, or ventilating supplies, wholesale sales and service.
m. Printing, bookbinding, blue-printing and photocopying plant.
n. Sign fabrication and painting shop.
0. Storage warehouse.
p. Wholesale nursery supplies.
q. Wholesale supply storage and distribution center.
2. Small animal hospitals, provided all animals are kept within a completely enclosed
building designed to reduce odor and the level of noise from such animals to the extent
that adjacent properties will not be adversely affected by reason of such odor or noise.
3. Non-Residential Chid Care Centers, that are accessory and subordinate to uses
permitted by this Section 35-227.3, for use by on-site employees of the development,
when sited and designed to ensure compatibility with other permitted uses on the
project site and on adjacent parcels. (Added by Ord. 4063, 1/18/92)
4. A~y other wholesale or service store, shop, or establishment which the Planning
Commission finds is of similar character to those enumerated in this section and is not
more injurious to the health, safety, or welfare of the neighborhood because of noise,
odor, dust, smoke, vibration, danger to life and property, or other similar causes.
5. Emergency Shelter. (Added by Ord. 4128, 11/16/93)
6. Buildings, structures, and uses accessory and customarily incidental to any of the above
uses, including ancillary offices and retail sales when subordinate to the primary
commercial use, provided:
a. There shall be no manufacture, assembling, processing, or compounding of
products other than such as are customarily incidental or essential to the above
uses.
b. Such operations are not injurious to the health, safety, or welfare of the
neighborhood because of noise, odor, dust, smoke, vibration, danger to life and
property, or other similar causes.
Sec. 35-227.4. Uses Permitted with a Major Conditional Use Permit.
1. Community recycling facility.
Sec. 35-227.5. Uses Permitted with a Minor Conditional Use Permit.
1. Handicraft-type industries subject to the provisions of Sec. 35-315.11. (Conditional Use
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Permits).
2. Residences, provided the residential use serves as watchman's quarters, and is
secondary, as defined in DIVISION 2, DEFINITIONS, to a primary commercial use
on the same lot. (Amended by Ord. 3987, 2/2]/92)
Sec. 35-227.6. Minimum Lot Size.
None.
Sec. 35-227.7. Setbacks for Buildings and Structures.
1. Front:
a. Thirty (30) feet from the centerline and ten (10) feet from the right-of-way line
of any public street.
b. In addition, forty-two (42) feet from the centerline of any street with four or more
lanes or a two-lane expressway, as defined in the Circulation Element text and
designated on the Circulation Element Maps of the Comprehensive (General)
Plan.
c. Open canopies, porches, roofed or unroofed, and similarly accessory uses may
encroach not more than twelve (12) feet into the front setback area, provided that
in no event shall ~ch uses encroach upon a public street right-of-way.
2. Side:
a. None, except when side yards are provided, they should be a minimum of three
(3) feet.
b. On corner lots, the side yard along the street shall conform to the front yard
provisions of this district.
3. Rear:
a. Ten percent of the depth of said lot, but in no case shall the rear yard setback be
required to exceed ten (10) feet, except that for any lot having a rear boundary
abutting the rear boundary of a lot zoned residential, the required rear yard
setback shall not be less than twenty-five (25) feet.
Sec. 35-227.8. Distance Required Between Building on the Same Building Site.
None, except that residential buildings shall have a minimum distance of five (5) feet
from any other detached building on the same building site. (Amended by Ord. 3793, O]/09/90)
Sec. 35-227.9. Height Limit.
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No building or structure shall exceed a height of thirty-five (35) feet.
Sec. 35-227.10. Parking.
As required in DIVISION 6, PARKING REGULATIONS.
Sec. 35-227.11. Storage.
Areas for trash or outdoor storage shall be enclosed and screened in such a manner
as to conceal all trash or stored material from public view.
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Sec. 35-228. ~ihwa Commercial.
Sec. 35-228.1. Purpose and Intent.
The purpose and intent of this district is to provide areas adjacent and accessible to
highways or freeways exclusively for uses which serve the highway traveler.
Sec. 35-228.2. Processing.
1. No permits for development, including grading, shall be issued except in conformance
with an approved Final Development Plan, as provided in Sec. 35-317. (Development
sans) and with Sec. 34-314. (Land Use Permits).
2. Prior to the issuance of any Land Use Permit all final plans of buildings and structures
shall be approved by the Board of Architectural Review, as provided in Sec. 35-329.
(Architectural Review).
Sec. 35-228.3. Permitted Uses.
1. Motels and hotels.
2. Restaurants.
3. Automobile service stations and garages, but not including junk yards or the storage
or wrecking of used cars or machinery. (Amended by Ord. 4063, 8/18/92)
4. Dwellings occupied by the owner or his employees, and their families, where such
persons manage or operate the principal use of the property, including persons acting
as caretakers or night watchmen, whose work makes it essential that they reside on the
property.
5. Bus terminals and train stations.
6. Such agricultural uses as are permitted on any abutting parcel zoned in an agriculture
or residential disthct.
7. Mini-mart/convenience stores of less than 3000 square feet of net floor area (Amended
by Ord. 4063, 8/18/92)
8. Any other use which the Planning Commission determines to be a commercial
establishment operated primarily for the purpose of serving the essential needs of
travelers on highways.
9. Non-Residential Child Care Centers, that are accessory and subordinate to uses
permitted by this Section 35-228.3., for use by on-site employees of the development,
when sited and designed to ensure compatibility with the permitted uses on the project
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site and on adjacent parcels. (Added by Ord. 4063, 8/18/92)
10. Single Room Occupancy Facility. (Added by Ord. 4128, 11/16/93)
11. Accessory uses, buildings, or structures customarily incidental to the above uses.
Sec. 35-228.4. Uses Permitted with a Major Conditional Use Permit.
I . Overnight recreation-vehicle facilities.
2. Stadium, drive-in theater, or other establishment where large assemblages of people
and automobiles are involved, but not including swap meets.
3. Wholesale establishments distributing materials and products essential to agriculture
and farming operations, except manure.
4. Retail grocery stores not exceeding 5,000 square feet of market area.
5. Agricultural processing facilities on rural lands as specified in Section 35-217.4.3, if the
Planning Commission finds the facilities compatible with existing and/or permitted uses
on adjacent agricultural lands, and where the product is offered for sale onsite to the
highway traveler. (Added by Ord. 4228, 6/18/96)
Sec. 35-228.5. Uses Permitted with a Minor Conditional Use Permit.
1. Commercial driving tees, putting ranges, and golf courses.
2. Truck service station.
3. Mechanical car washes, except on properties abutting a residential district, subject to
the construction of masonry walls, fencing, installation of landscaping, and other
methods of reducing noise effects on abutting property, and subject to such controls
over access, parking, and landscaping as will make such use compatible with adjacent
uses.
Sec. 35-228.6. Setbacks for Buildings and Structures.
1. Front: Fifteen (15) feet from the right-of-way line of any street.
2. Side and Rear: None, except within the side yards adjacent to the front yard, the front
yard setback shall apply. However, where the lot abuts property in a different zoning
district classification the side and rear setbacks of the abutting district shall apply to
such lot.
Sec. 35-228.7. Coverage.
Not more than forty (40) percent of the net lot area shall be occupied by buildings and
structures.
Sec. 35-228.8. Height Limit.
No building or structure shall exceed a height of thirty-five (35) feet.
Sec. 35-228.9. Parking.
As provided in DIVISION 6, PARKING REGULATIONS.
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Sec. 35-228. 10. Landscaping/Screening. (Amended by Ord. 3794, 01/09/90)
1. A landscape plan shall be submitted to and approved by the Planning and
Development Department for all developments within this district.
2. Not less than five (5) percent of the net lot area shall be landscaped.
3. Along each side or rear boundary abutting a residential zone district there shall be
provided an ornamental masonry wall not less than six (6) feet in height extending to
within twenty (20) feet of the street right-of-way line of existing or proposed streets,
plus a row of trees or other plant material of a type approved by the Planning and
Development Department which will provide continuous screening to an approximate
height of not less than twenty (20) feet nor more than forty (40) feet when mature.
4. Where property on the opposite side of an existing or proposed street is zoned for
residential uses, there shall be provided along each boundary abutting such street an
ornamental masonry wall not less than three (3) feet in height, except at access points.
Said wall shall be set back from the property line not less than three (3) feet, which
setback shall be landscaped, provided, however, that no such wall shall be required
along the front line of a service station. These conditions may be modified by the
Director or Planning Commission when it is found that because of street width or
other conditions, such protection of residential values on the opposite side of the street
is not required.
Sec. 35-228.11. Sale of Alcoholic Beverages (Amended by Ord. 3513, 05/30/85)
1. All uses in the CH zone shall be prohibited from selling alcoholic beverages except in
conjunction with a restaurant during the hours of operation in which food is served.
In no case shall the sale of packaged alcoholic beverages for off-premises consumption
be allowed.
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Sec. 35-229. ~ihborhoodCommereia1.
Sec. 35-229.1. Purpose and Intent.
The purpose of the Neighborhood Commercial district is to provide areas within
residential neighborhoods for local retail businesses to serve the daily needs for food, drugs,
gasoline, and other incidentals of residents in the immediate area. The intent is to provide
local serving commercial establishments while preserving the residential character of the
area.
Sec. 35-229.2. Processing.
1. No permits for development, including grading, shall be issued except in conformance
with Sec. 35-314. (Land Use Permits).
2. Prior to the issuance of any Land Use Permit for buildings and structures which total
5,000 or more square feet in gross floor area, a Final Development Plan shall be
approved as provided in Sec. 35-317. (Development Plans).
3. Prior to the issuance of any Land Use Permit for buildings or structures, all final plans
of buildings and structures shall be approved by the Board of Architectural Review,
as provided in Sec. 35-329. (Architectural Review).
Sec. 35-229.3. Permitted Uses.
1. Retail stores, shops, or establishments supplying commodities to meet the day-to-day
needs of residents in the neighborhood, such as a food market (less than 3,000 square
feet of net floor space), liquor store, prescription pharmacy, delicatessen, pizza take-
out, flower shop, furniture store, hardware store, hobby shop, and ice cream shop.
(Amended by Ord. 3989, 2/21/92)
2. Repair and service uses such as dry cleaner sub-station, small appliance repair, barber
shop, beauty parlor, shoe repair, and tailor. (;4mended by Ord. 3989, 2/21/92)
3. Christmas tree sales. (Amended by Ord. 3989, 2/21/92)
4. Any other light retail business use which the Planning Commission finds is of similar
character to those enumerated in this Section and is not more injurious to the health,
safety, or welfare of the neighborhood because of noise, odor, dust, vibration, traffic
congestion, danger to life and property, or other similar causes.
Sec. 35-229.4. Uses Permitted with a Major Conditional Use Permit. (Retainedfr~rJiiture use)
Sec. 35-229.5. Uses Permitted with a Minor Conditional Use Permit.
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108 May 1994
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1. Residences, provided the residential use is secondary, as defined in DIVISION 2,
DEFINITIONS, to a primary commercial use on the same lot.
2. Sale of produce from a temporary stand. (Arne~~ded by Ord. 3578, 07/14/86)
3. Automobile service station. (Amended by Ord. 3989, 2/21/92)
4. Drive-thru photo film processing service. (Amended by Ord. 3989, 2/2/92)
Sec. 35-229.6. Minimum Lot Size.
None.
Sec. 35-229.7. Setbacks for Buildings and Structures.
1. Front:
a. Fifty (50) feet from the centerline and twenty (20) feet from the right-of-way line
of any public street.
2. Side:
a. Five (5) feet.
b. On corner lots, the side yard along the side street shall conform to the front yard
provisions of this district.
3. Rear:
a. Ten (10) percent of the depth of said lot, but in no case shall the rear yard
setback be required to exceed ten (10) feet.
b. In addition, for any lot that has a rear boundary which abuts a lot zoned
residential, the required rear yard setback shall be not less than twenty-five (25)
feet.
Sec. 35-229.8. Distance Required Between Buildings on the Same Building Site.
None, except that residential buildings shall have a minimum distance of five (5) feet
from any other detached building on the same building site. (Amended by Ord 3793, 01/09/90)
Sec. 35-229.9. Lot Coverage.
Not more than thirty (30) percent of the net area shall be occupied by buildings and
structures.
Sec. 35-229.10. Height Limit.
No building or structure shall exceed a height of thirty-five (35) feet.
Sec. 35-229.11. Parking.
As provided in DIVISION 6, PARKING RBGULATIONS.
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109 May 1994
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See. 35-229. 12. Landscaping/Screening.
1. A landscape plan shall be submitted to and approved by the Planning and
Development Department. All parking areas shall be landscaped as required under
DIVISION 6, PARIUNG REGULATIONS. (Amended by Ord. 3794, 01/09/90)
2. Along each side or rear boundary abutting a residential district there shall be provided
a minimum five (5) foot wide landscaped area and an ornamental wall not less than
five (5) feet in height extending to within twenty (20) feet of the street right-of-way line
of existing or proposed streets. Said wall shall be reduced in height to three (3) feet
along that portion located within the front setback.
Sec. 35-229. 13. Additional Requirements.
1. All uses shall be conducted wholly within a completely enclosed building except for
service stations or other outdoor uses when appropriately screened and as approved
by the Planning Commission or Director.
2. Areas for trash or outdoor storage shall be enclosed and architecturally screened in
such a manner as to conceal all trash or stored material from public view.
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Sec. 35-230 ~esortisitorServinCommercia1.
Sec. 35-230.1. Purpose and Intent.
The purpose of this district is to provide for tourist recreational development in areas
of unique scenic and recreational value, while providing for maximum conservation of the
resources of the site through comprehensive site planning. It is the intent of this district to
provide for maximum public access, enjoyment, and use of an area's scenic, natural, and
recreational resources while ensuring preservation of such resources. This district is not
intended for highway related uses that normally service transients.
Sec. 35-230.2. Preliminary Development Plan to be Included in Application for Rezoning.
Unless the Planning Commission expressly waives the requirement, an application for
a rezoning to this district shall include a Preliminary Development Plan as part of the
application. Upon approval by the Board of Supervisors of the rezoning and Preliminary
Development Plan, the Preliminary Development Plan may be incorporated into the
rezoning ordinance.
Sec. 35-230.3. Processing.
No permits for development, including grading, shall be issued except in conformance
with an approved Final Development Plan, as provided in Sec. 35-317. (Development Plans),
and with Sec. 35-314. (Land Use Permits).
Sec. 35-230.4. Findings Required for Approval of Development Plans.
In addition to the findings for Development Plans set forth in Sec. 35-317.7.
( Development Plans), no Preliminary or Final Development Plan shall be approved for
property zoned or to be rezoned to Resort/Visitor Serving Commercial, unless the Planning
Commission also makes the following findings:
1. For development in rural areas as designated on the Comprehensive Plan Land Use
Element Maps, the project will not result in a need for ancillary facilities on other rural
lands, i.e., residences, stores, etc. Such facilities, if necessary, shall be provided within
designated urban areas.
2. For develQpment surrounded by areas zoned residential, the proposed use is
compatible with the residential character of the area.
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Sec. 35-230.5. Permitted Uses.
1. Resort, guest ranch, hotel, motel, country club, convention and conference center.
Such uses shall be of a self-contained, destination-point nature, rather than those that
primarily provide short-term overnight accommodations for travelers.
2. Light commercial uses (i.e., barber and beauty shops, gift shops, restaurants, etc.)
normally associated with the needs of visitors, provided such commercial activities are
so designed and limited as to be incidental and directly oriented to the needs of visitors
and do not substantially change the character of the resort/visitor-serving facility.
3. Recreational facilities, including but not limited to piers, boat docks, golf courses,
parks, playgrounds, riding and hiking trails, tennis courts, swimming pools.
4. Non-Residential Child Care Centers, that are accessory and subordinate to uses
permitted by this Section 35-230.5., for use by on-site employees of the development,
when sited and designed to ensure compatibility with other permitted uses on the
project site and on adjacent parcels. (Added by Ord. 4063, ]/18/92)
5. Uses, buildings, and structures accessory and customarily incidental to the above uses.
Sec. 35-230.6. Uses Permitted with a Major Conditional Use Permit.
1. Public riding stable, campgrounds (including tent camping, camper and recreational
vehicle parks), and hostels.
Sec. 35-230.7. Uses Permitted with a Minor Conditional Use Permit.
1. Dwellings for owners, managers, or caretakers and their families where such
persons manage or operate the principal use.
Sec. 35-230.8. Minimum Lot Size.
None.
Sec. 35-230.9. Setbacks for Buildings and Structures.
1. Front: Fifty (50) feet from the centerline and twenty (20) feet from the right-of-way
line of any street.
2. Side and Rear: Twenty (20) feet.
3. In addition, no building or structure shall be located within fifty (50) feet of a lot zoned
residential.
Sec. 35-230.10. Distance Required Between Buildings on the Same Building Site.
None, except that residential buildings shall save a minimum distance of five (5) feet
Article III- fnlandzoning Ordinance
112 M~y 1994
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from any other detached building on the same building site. (Amended by Ord 3793, 01/09/90)
Sec. 35-230.11 Height Limit.
No building or structure shall exceed a height of thirty-five (35) feet.
Sec. 35-230.12. Parking.
As provided in DIVISION 6, PARKING REGULATIONS, except that the Planning
Commission may require additional parking for projects that provide for public access to and
use of recreational facilities or open space.
Sec. 35-230.13. Open Space and Building Coverage.
1. A minimum of forty (40) percent of the net area of the lot(s) shall be retained in
public and/or common open space.
2. For development surrounded by areas zoned residential, not more than thirty (30)
percent of the net area of the lot(s) shall be covered by buildings and structures.
Sec. 35-230.14. Landscaping.
Landscaping shall be installed and maintained in accordance with the approved Final
Development Plan. Along each side or rear yard abutting a residential district, a minimum
buffer strip of ten (10) feet consisting of fencing, walls, plant materials, or any combination
thereof shall be installed and maintained to protect adjacent residents from impacts of noise
or lighting and to provide separation between residential and commercial uses. Such buffer
shall be included in the Preliminary and Final Development Plan.
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Sec. 35-231. SC Shopping Center.
Sec. 35-231.1. Purpose and Intent.
The purpose of this district is to establish provisions for the comprehensive
development of property suitable for commercial use. The intent is to prevent piecemeal
commercial development in areas which may be more appropriate for a clustered shopping
center use.
Sec. 35-231.2. Preliminary Development Plan to be Included in Application for Rezoning.
Unless the Planning Commission expressly waives the requirement, an application for
a rezoning to this district shall include a Preliminary Development Plan as part of the
application. Upon approval by the Board of Supervisors of the rezoning and Preliminary
Development Plan, the Preliminary Development Plan may be incorporated into the
rezoning ordinance.
Sec. 35-231.3. Processing.
No permits for development, including grading, shall be issued except in conformance
with an approved Final Development Plan, as provided in Sec. 35-317. (Development Plans),
and with Sec. 35-314. (Land Use Permits).
Sec. 35-231.4. Categories of Shopping Centers.
Shopping centers shall be classified according to net area as follows:
1. Convenience Shopping Center......2 or more acres
2. Community Shopping Center........12 or more acres
The purpose of the Convenience Shopping Center is to serve the everyday (frequent) needs
of the consumer.
The Community Shopping Center's purpose is to provide the opportunity to
comparison shop, make available to the consumer goods and services required infrequently
and, in addition, serve the everyday (frequent) needs of the shopper.
Sec. 35-231.5. Permitted Uses.
1. Convenience Shopping Center.
a. Retail stores and shops primarily engaged in selling food for home preparation
and consumption such as: 1) food market; 2) meat market; and 3) bakery.
b. Liquor store.
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C. Stores, shops and establishments offering regularly required services as follows:
1) Barber shop.
2) Beauty shop.
3) Cleaning and pressing shop and laundry agency having a floor area of not to
exceed 2,000 square feet.
4) Self-service laundry or cleaning establishment.
5) Shoe repair shop.
6) Service station in conjunction with other commercial establishments.
7) Branch banks, excluding
d. Restaurants, delicatessens, cafes, and bars excluding drive-in restaurants.
e. Drug store.
f. Vanety store.
g. Hardware store.
h. Professional and commercial offices occupying not more than twenty (20) percent
of the gross square footage of the total building area.
i, Non-Residential Child Care Centers, that are accessory and subordinate to uses
permitted by the Section 35-231.5., for use by on-site employees of the
development, when sited and designed to ensure compatibility with other
permitted uses on the project site and on adjacent parcels. (Added by Ord. 4063,
8/18/92)
j. Any other store, shop or establishment offering goods at retail or service which
the Planning Commission finds is similar in character to those enumerated above
and is essential to the daily (frequent) needs of the residents of the surrounding
area and is not more injurious to the health, safety, or welfare of the
neighborhood because of noise, odor, dust, vibration, smoke, traffic congestion,
depreciation of property values, danger to life and property, or other similar
causes.
2. Community Shopping Centers
a. All uses in a Convenience Shopping Center.
b. Department store.
c. Apparel store.
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115 May 1994
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d. Jewelry store.
e. Home furnishings.
f. Radio, television, and music store.
g. Sporting goods.
h. Pet shop.
i. Book shop.
j. Any other store, shop or establishment offering goods at retail or service which
the Planning Commission finds is of similar character to those enumerated above
and is essential to the shopping needs of the area it serves and is not more
injurious to the health, safety, or welfare of the neighborhood because of noise,
odor, dust, vibration, smoke, traffic congestion, depreciation of property, or other
similar causes.
Sec. 35-231.6. Uses Permitted with a Major Conditional Use Permit in Convenience and
Community Shopping Centers.
1. Bowling alley or other indoor recreational establishment.
2. Commercial and professional office space occupying more than twenty (20) percent of
the gross square footage of the total building area.
3. Theater.
Sec. 35-231.7. Uses Permitted with a Minor Conditional Use Permit in Convenience and
Community Shopping Centers.
1. Automobile service station. (Amended by Ord. 3990, 2/21/92)
2. Certified Farmer's Market. (Added by Ord. 4087, 12/15/92)
Sec. 35-231.8. Setbacks for Buildings and Structures.
1. Front: Twenty (20) feet from the right-of-way line of any street bordering the
shopping center.
2. Side and Rear: Ten (10) feet except:
a. Twenty (20) feet when a Convenience Shopping Center abuts a residential district.
b. Fifty (50) feet when a Community Shopping Center abuts a residential district.
Sec. 35-231.9. Coverage.
Not more than thirty (30) percent of the net lot area shall be covered by buildings or
structures.
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Sec. 35-231.10. Height Limit.
No building or structure shall exceed a height of thirty-five (35) feet.
Sec. 35-231.11. Parking.
Parking shall be provided as specified in DIVISION 6, PARKING REGULATIONS,
except that the following regulations shall apply to uses which do not require a Conditional
Use Permit:
1. There shall be at least one parking space per 200 square feet of net floor area or
fraction thereof enclosed within a building or used for outdoor storage or sales space.
Sec. 35-23 1. 12. Landscaping/Screening.
1. Not less than five (5) percent of the net lot area shall be landscaped.
2. All portions of any setback area fronting on a street shall be landscaped.
3. Along each side or rear boundary abutting a residential district there shall be provided
an ornamental masonry wall not less than six (6) feet in height extending to within
twenty (20) feet of the street right-of-way line of existing or proposed streets, plus a
row of trees which will provide continuous screening to an approximate height of not
less than twenty (20) feet nor more than forty (40) feet when mature.
4. Where property on the opposite side of an existing or proposed street is zoned for
residential use, there shall be provided along each boundary abutting such street, an
ornamental masonry wall not less than three (3) feet in height, except at access points.
Said wall shall be set back from the property line not less than three (3) feet, which
setback shall be landscaped.
5. Such landscaping shall be installed and maintained in accordance with the approved
Final Development Plan.
Sec. 35-231.13. General District Regulations.
1. All uses shall be conducted wholly within a completely enclosed building, except for
service stations and parking facilities, or other outdoor uses when appropriately
screened and as approved by the Planning Commission or Zoning Administrator.
(Amended by Ord. 3990, 2/21/92)
2. Areas for trash shall be enclosed and architecturaHy screened in such a manner as to
conceal all trash or stored material from public view.
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Sec. 35-232. P1 Professional and Institutional
Sec. 35-232.1. Purpose and Intent.
The purpose of this district is to provide appropriately located areas for professional
uses and for educational, institutional, governmental, and other public facilities. It is the
intent of this district to ensure that such uses are well-designed and landscaped so as to be
harmonious with surrounding land uses.
Sec. 35-232.2. Preliminary Development Plan to be Included in Application for Rezoning.
Unless the Planning Commission expressly waives the requirement, an application for
a rezoning to this district shall include a Preliminary Development Plan as part of the
application. Upon approval by the Board of Supervisors of the rezoning and Preliminary
Development Plan, the Preliminary Development Plan may be incorporated into the
rezoning ordinance.
Sec. 35-232.3. Processing.
No permits for development, including grading, shall be issued except in conformance
with an approved Final Development Plan, as provided in Sec. 35-317. (Development Plans),
and with Sec. 35-314. (Land Use Permits).
Sec. 35-232.4. Permitted Uses.
1. Professional offices, studios, and office buildings.
2. Hospitals, sanitariums, medical clinics, special care homes, and similar buildings, when
used for the treatment of human ailments, subject to the approval as to need by the
Santa Barbara Subarea Advisory Counsel of the Health Systems Agency,
Ventura-Santa Barbara.
3. Charitable and philanthropic institutions for human beings.
4. Banks and Savings and Loan offices.
5. Churches, libraries, museums, and schools, including business schools, but not including
dance halls or trade schools using heavy equipment.
6. Community, civic center, and governmental buildings and structures.
7. Clubs, golf courses, and country clubs.
8. Cemetery , crematory, or mausoleums.
9. Off-street parking facilities accessory and incidental to an adjacent commercial use.
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10. Any other professional or institutional use which the Planning Commission finds is
similar in character to those enumerated in this section and is not more injurious to
the health, safety, or welfare of the neighborhood because of noise, odor, smoke,
vibration, danger to life or property, or other similar causes.
11. Non-Residential Child Care Centers, that are accessory and subordinate to uses
permitted by this Section 35-232.4., for use by on-site employees of the development,
when sited and designed to ensure compatibility with other permitted uses on the
project site and on adjacent parcels. (Added by Ord. 4063, 8/18/92)
12. Uses, buildings, and structures incidental, accessory , and subordinate to permitted
uses.
Sec. 35-232.5. Uses Permitted with a Major Conditional Use Permit.
1. Small animal hospitals, provided all animals are kept within a completely enclosed
building designed to reduce odor and the level of noise from such animals to the extent
that adjacent properties will not be adversely affected by reason of such odor or noise.
2. Restaurants located in an office building, including bars or cocktail lounges accessory
to a restaurant, but not including drive-through restaurants.
Sec. 35-232.6. Uses Permitted with a Minor Conditional Use Permit.
1. Residences, provided the residential use is secondary, as defined in DIVISION 2,
DEFINITIONS, to a primary commercial use on the same lot. (Amended by Ord. 3991,
2/21/92)
2. Certified Farmer's Market. (Added by Ord. 4087, 12/15/92)
Sec. 35-232.7. Limitation on Uses.
No sales, production, repair, or processing shall take place on any site except to the
extent necessary for and incidental to operation of the permitted or conditionally permitted
uses.
Sec. 35-232.8. Setbacks for Buildings and Structures.
1. Front: Forty-five (45) feet from the centerline and fifteen (15) feet from the
right-of-way line of any public street, provided, however, that no portion of a building
or structure designed for housing automobiles which opens directly unto a public street
shall be located closer than twenty (20) feet to said right-of-way line.
2. Side and Rear: Fifteen (15) feet.
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Sec. 35-232.9. Distance Required Between Buildings on the Same Building Site.
None, except that residential buildings shall have a minimum distance of five (5) feet
from any other detached building on the same building site. (Amended by Ord. 3793, O]/09/90)
Sec. 35-232.10. Building Coverage.
Not to exceed forty (40) percent of the net area of the property shall be covered with
any portion of a building.
Sec. 35-232.11. Height Limit.
No building or structure shall exceed a height of thirty-five (35) feet.
Sec. 35-232.12. Parking.
Parking shall be provided as specified in DIVISION 6, PARKING REGULATIONS,
except the required spaces for offices shall be one parking space for each 200 square feet
of floor space.
Sec. 35-232.13. Landscaping.
Not less than ten (10) percent of the net area of the property shall be devoted to
landscaping. Landscaping shall be installed and maintained in accordance with the approved
Final Development Plan.
Sec. 35-232.14. Storage.
Areas for trash shall be enclosed and architecturally screened in such a manner as to
conceal all trash or stored material from public view.
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Sec. 35-233. M-RP Industrial Research Park.
Sec. 35.233.1. Purpose and Intent.
The purpose of this district is to provide areas exclusively for light industry, technical
research, and business headquarters office uses in well-designed buildings and attractively
landscaped areas. The intent is to establish development standards and landscaping
requirements to ensure a park-like environment for the uses permitted and compatibility
with adjoining non-industrial areas.
Sec. 35-233.2. Preliminary Development Plan to be Included in Application for Rezoning.
Unless the Planning Commission expressly waives the requirement, an application for
a rezoning to this district shall include a Preliminary Development Plan as part of the
application. Upon approval by the Board of Supervisors of the rezoning and Preliminary
Development Plan, the Preliminary Development Plan may be incorporated into the
rezoning ordinance.
Sec. 35-233.3. Processing.
No permits for development, including grading, shall be issued except in conformance
with an approved Final Development Plan, as provided in Sec. 35-317. (Development Plans),
and with Sec. 35-314. (Land Use Permits).
Sec. 35-233.4. Permitted Uses.
1. Manufacturing and assembly of business machines including electronic data processing
equipment, accounting machines, calculators, typewriters, and related equipment.
2. Manufacture of ceramic products, such as pottery, figurines and small glazed tile,
utilizing only previously pulverized clay, provided that k~ns are fired only by electricity
or gas.
3. Manufacturing, assembling, compounding, packaging and processing of cosmetics,
drugs, pharmaceuticals, perfumes, perfumed toilet soap (not including refining or
rendering of fats or oils), and toiletries.
4. Manufacture, design, and production of handicraft articles, musical instruments, toys,
jewelry, and novelties.
5. Assembly of electrical appliances, electronic instruments, and devices, and radio,
phonograph, and television sets, including the manufacture of small parts only, such
Article III- InlandZoning Ordinance
121 May 1994
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as coils, condensers, transformers, crystal holders, transistors, capacitors, resistors, etc.
6. Printing, embossing, engraving, etching, lithographic, and bookbinding plants.
7. Experimental photo or motion picture film, research, and testing laboratories.
8. Scientific instrument and equipment manufacture or precision machine shops.
9. Manufacture of optical goods.
10. Packaging business.
1 1. Administrative offices required in conjunction with the uses permitted in this district
and executive headquarters of business firms that are compatible with uses permitted
in this district.
12. Storage warehouse and wholesale distributing.
13. Research, development, and testing laboratories and facilities.
14. Any other light industrial use, building, or structure which the Planning Commission
finds is of similar character to those enumerated in this district and is not obnoxious
or offensive because of noise, odor, dust, smoke, vibration, danger to life or property,
or similar causes.
15. Aquaculture.
16. Restaurant or coffee shop accessory to and in conjunction with an industrial use and
for the use of the employees in the industrial research park.
17. Light recreational uses and facilities such as tennis courts, gymnasium, racquetball
courts which are operated only for the use of the employees in the industrial research
park.
18. Non-Residential Child Care Centers, that are accessory and subordinate to uses
permitted by this Section 35-233.4., for use by on-site employees of the development,
when sited and designed to ensure compatibility with other permitted uses on the
project site and on adjacent parcels. (Added by Ord. 4063, 8/18/92)
19. Emergency Shelter. (Added by Ord. 4128, 11/16/93)
20. Buildings, structures, and uses accessory and customarily incidental to any of the above
uses.
Sec. 35-233.5. Uses Permitted with a Major Conditional Use Permit.
1. Onshore oil development, including exploratory and production wells, separation
facilities, and their accessory uses, subject to the requirements set forth in
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DIVISION 8, ENERGY FACILITIES.
2. Commercial athletic clubs open to the general public.
(Added by Ord. 3650, 6/15/87).
Sec. 35-233.6. Uses Permitted with a Minor Conditional Use Permit.
1. Certified Farmer's Market. (Added by Ord. 4087, 12/15/92)
Sec. 35-233.7. Performance Standards.
1. All activities, other than incidental loading and unloading, and other incidental
handling, shall be conducted wholly within a completely enclosed building.
2. The volume of sound, measured during calm air conditions, generated by or resulting
from any use, other than motor vehicles, operated in any lot shall not exceed fifty (50)
decibels at any point along the boundary of or outside of the lot upon which such use
is located.
3. The ground vibration generated by any use, other than motor vehicles, operated on any
lot shall not be perceptible without instruments at any point along the boundary of or
outside of the lot upon which such use is located.
4. Except for the heating of buildings, there shall be no smoke or dust generated by or
resulting from any use, other than motor vehicles, located upon the lot.
5. All activities shall be conducted in such a manner so as not to be injurious to the
health, safety, or welfare of persons residing or working in the neighborhood by reason
of danger to life or property.
Sec. 35-233.8. Minimum Lot Size.
Each lot shall have a minimum net lot area of one acre.
Sec. 35-233.9. Setbacks for Buildings and Structures.
1. Front:
a. Eighty (80) feet from the centerline and fifty (50) feet from the right-of-way line
of any street.
b. From secondary interior streets of an industrial research park, twenty (20) feet
from the right-of-way line of the street.
2. Side:
a. Ten (10) feet.
b. On corner lots, the side yard along the street shall conform to the ront set ac
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of this district.
3. Rear:
a. Ten (10) feet.
b. For any lot that has a rear boundary which abuts a lot zoned residential, fifty (50)
feet.
Sec. 35-233.10. Coverage.
Not more than thirty-five (35) percent of the net area of the property shall be covered
by buildings or structures.
Sec. 35-233.11. Height Limit.
No building or structure shall exceed a height of thirty-five (35) feet.
Sec. 35-233.12. Parking.
As required in DIVISION 6, PARKING REGULATIONS.
Sec. 35-233.13. Landscaping.
1. Not less than thirty (30) percent of the net area of the property shall be landscaped.
2. All landscaping shall be in conformance with the approved Final Development Plan.
3. In addition, where any portion of a lot abuts a lot in a residential district, the first
twenty (20) feet of the rear setback or the first five (5) feet of the side setback shall
be landscaped and a masonry wall not less than six (6) feet in height shall be provided.
4. Installation and maintenance of said landscaping shall be guaranteed by performance
securities as set forth in Sec. 35-289. (General Regulations).
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Sec. 35-233A. M-S-GOL Service Industrial-Goleta (Added by Ord. 4111, 7/20/93)
Sec. 35-233A.1. Purpose and Intent.
The purposes of this district are: 1) to provide for uses of a service and/or light
industrial nature, particularly those related to manufacturing associated with small start-up
businesses, the manufacturing of components of high technology firms and a vanety of
storage uses, which are less employee intensive than similar uses permitted in related zone
districts; and 2) to limit ernployment levels to approximately 25 employees per acre in order
to be consistent with the Airport Land Use Plan and to maintain acceptable levels of service
on area roadways. The intent is to ensure that such uses are well designed and landscaped
so as to be harmonious with surrounding areas. This District applies only within the Goleta
Community Plan Area as identified in the "Goleta Planning Area Land Use maptt.
Sec. 35-233A.2. Prelirninary Development Plan to be included in Application for Rezoning.
Unless the Planning Commission expressly waives the requirement, an application for
a rezoning to this district shall include a Preliminary Development Plan as part of the
application. Upon approval by the Board of Supervisors of the rezoning and Preliminary
Development Plan, the Preliminary Development Plan may be incorporated into the
rezoning ordinance.
Sec. 35-233A.3. Processing.
No permits for development, including grading, shall be issued except in conformance
with an approved Final Development Plan, as provided in Sec. 35-317 (Development Plans),
and with Sec. 35-314 (Land Use Permits).
Sec. 35-233A.4. Permitted Uses.
1. All uses permitted in the C-S Service Commercial zone district, except that limited
manufacturing, assembling, processing and compounding of products shall be
authorized as set forth in 12., below.
2. New or used automobile and machinery sales.
3. Automobile wrecking or junk yards.
4. Boat sales yard or building yard.
5. Building material manufacturing plant, including concrete m~ng plant.
6. Community recycling facility.
7. Contractors' equipment storage yard, or rental of equipment.
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8. Irrigation pipe, SUI)~1~CS~ sales and storage.
9. Lumber and building materials sales yard.
10. Machine Shop.
1 1 . Storage yard or warehouse including mini-storage facilities.
12. Trailer*, automobile and truck rentals.
13. Vehicle parking or storage lot (automobile, bus, truck, cab).
14. Research and development, manufacturing, assembling, processing, compounding, and
testing of products listed below, when the decision maker finds the development is
consistent with the purpose and intent of this district:
a. Business machines.
b. Drugs, pharmaceutical and chemicals.
c. Electrical and electronic appliances and instruments and their components.
d. Scientific instruments and equipment.
e. Optical goods.
15. Any other use that the Planning Commission finds is of similar character to those
enumerated in this section is consistent with this districts purpose and intent and is not
injurious to the health, safety, or welfare of the neighborhood because of noise, odor,
dust, smoke, vibration, danger to life and property, or other similar causes.
16. Buildings, structures, and uses accessory and customarily incidental to any of the above
uses, including ancillary offices subordinate to the pnmary industrial or commercial
uses consistent with the purpose and intent of this district.
(*For the purpose of this section, the word "trailer shall include, in addition to the definition
of trailer in DIVISION 2, DEHMTIONS, trailers used for carrying property.)
Sec. 35-233A.5. Uses permitted with a Major Conditional Use Permit.
1. Swap meet.
Sec. 35-233A.6. Uses Permitted with a Minor Conditional Use Permit.
1. A residence, provided the residential use serves as a watchman's quarters, and is
secondary, as defined in DIVISION 2, DEFINITIONS, to a primary industrial or
commercial use on the same lot.
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See. 35-233A.7. Performance Standards.
1. Open storage of equipment and materials shall be permitted only in areas screened
from view of surrounding lots.
2. The volume of sound measured outside during calm air conditions, generated by any
use on the property shall not exceed seventy-five (75) dBL at or beyond any point
along the property boundary upon which such use is located.
3. The ground vibration inherently and recurrently generated by or resulting from any
use, other than motor vehicles, operated on any lot shall not be perceptible without
instruments at any point along the boundary of or outside of the lot upon which such
use is located.
4. No offensive odors or fumes, noxi ous gases, or liquids, heat, glare, or radiation
generated by or resulting from any use, other than motor vehicles or lighting fixtures,
operated on any lot shall be detectable at any point along the boundary of or outside
of the lot upon which such use is located.
5. Except for that associated with the heating of buildings, there shall be no smoke or
dust generated by or resulting from any use, other than motor vehicles, located upon
the lot.
6. Ail activities shall be conducted in such a manner so as not to be injurious to the
health, safety, or welfare of persons residing or working in the neighborhood by reason
of danger to life or property.
Sec. 35-233A.8. Minimum lot size.
None.
Sec. 35-233A.9. Setbacks for Buildings and Structures.
1. Front: Fifty (50) feet from the centerline and twenty (20) feet from the right-of-way
line of any public street.
2. Side:
a. Ten (10) feet.
b. On corner lots, the side yard along the street shall conform to the front yard
provisions of this district.
3. Rear:
a. Ten (10) feet.
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b. For any lot that has a rear boundary which abuts a lot zoned residential, fifty (50)
feet.
Sec. 35-233A.1O. Height Limit.
No building or structure shall exceed a height of thirty-five (35) feet.
Sec. 35-233A.11. Parking.
As provided in DIVISION 6, PARKING REGULATIONS
Sec. 35-233A. 12. Landscaping/Screening.
1. Not less than ten (10) percent of the net lot area shall be landscaped.
2. All landscaping shall be in conformance with the approved Development plan.
3. All front property lines shall be landscaped with a minimum of a ten-foot wide planted
area.
4. The first five (5) feet of any setback area abutting a lot in a residential district shall
be landscaped and a masonry wall not less than six (6) feet shall be provided.
5. Outdoor storage areas shall be screened from view of any street by ~ wall or fence six
(6) feet in height. Such wall or fence shall be located not closer than ten (10) feet to
the street right-of-way line. The space between the wall or fence and the right of way
line shall be landscaped. Areas where stored materials or equipment exceed a height
of six (6) feet shall be landscaped by a row of trees of a type approved by the County
Board of Architectural Review to provide continuous screening to an approximate
height of not less than twenty (20) feet nor more than forty (40) feet when mature.
Tree height may be reduced where height is restricted by the F Airport Approach
Overlay District.
6. Installation and maintenance of said landscaping shall be guaranteed by performance
securities as set forth in Sec. 35-289 (Landscape Plan).
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See. 35-234. M-1 L}ght Industry.
See. 35-234.1. Purpose and Intent.
The purpose of this district is to provide areas exclusively for light industrial uses. The
intent is to encourage sound industrial development by setting forth appropriate areas for
these uses and to protect nearby residential, commercial, and industrial uses from hazards
noise, and other disturbances.
Sec. 35-234.2. Preliminary Development Plan to be Included in Application for Rezoning.
Unless the Planning Commission expressly waives the requirement, an application for
a rezoning to this district shall include a Preliminary Development Plan as part of the
application. Upon approval by the Board of Supervisors of the rezoning and Preliminary
Development Plan, the Preliminary Development Plan may be incorporated into the
rezoning ordinance.
Sec. 35-234.3. Processing.
No permits for development, including grading, shall be issued except in conformance
with an approved Final Development Plan, as provided in Sec. 35-317. (Development Plans),
and with Sec. 35-314. (Land Use Permits).
Sec. 35-234.4. Permitted Uses.
1. All uses permitted in the C-3 district except C-2 district and residential uses.
2. All uses permitted in the M-RP district.
3. Building material manufacturing plant, including concrete mixing plant.
4. Contractors' equipment storage yard or plant, or rental of equipment commonly used
by contractors.
5. Fuel yard.
6. Draying, freighting, or trucking yard or terminal.
7. Public works, public service or public utility service center or electrical substations.
8. Small boat building, not including ship building.
9. The following uses when conducted within a completely enclosed building:
a. The manufacture, compounding, processing, packaging, or treatment of bakery
goods, candy, dairy products, and other food products but excluding such products
as fish, meat, sauerkraut, vinegar, yeast, and the rendering or refining of fats and
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b. The manufacture, compounding, assembling, or treatment of articles or
merchandise from the following previously prepared materials: bone, cellophane,
canvas, cloth, cork, feathers, felt, fiber, fur, glass, hair, horn, leather, paper
plastics, precious or semi-precious metals or stone, shell, textiles, tobacco, wood,
yarns, and paint not employing a boiling process.
c. The manufacture and maintenance of electrical and neon signs, commercial
advertising structures, light sheet metal products, including heating and ventilating
ducts and equipment, cornices, eaves, and the like.
d. The manufacture of furniture.
e. Automobile assembling, painting, upholstering, rebuilding, reconditioning, body
and fender works, truck repairing or overhauling, tire retreading or recapping, and
battery manufacturing.
f. Blacksmith shop, machine shop, and punch presses excluding drop hammers.
g. Foundry casting of lightweight non-ferrous metal not causing noxious fumes or
odors.
1 1 . Any other light industrial use, building, or structure which the Planning Commission
finds is of similar character to those enumerated in this section and is not injurious to
the health, safety, or welfare of the neighborhood because of noise, odor, dust, smoke,
vibration, danger to life and property
or other similar causes.
12. Non-Residential Child Care Centers, that are accessory and subordinate to uses'
permitted by this Section 35-234.4., for use by on-site employees of the development,
when sited and designed to ensure compatibility with other permitted uses on the
project site and on adjacent parcels. (Added by Ord. 4063, 8/18/92)
13. Emergency Shelter. (Added by Ord. 4128, 11/16/93)
14. Buildings, structures, and uses accessory and customarily incidental to any of the above
uses, not including retail sale by manufacturing enterprises.
Sec. 35-234.5. Uses Permitted with a Major Conditional Use Permit.
Those uses specified as permitted uses in the C-2 district and which are accessory and
incidental to existing industrial uses.
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2. Onshore oil development including exploratory and production wells, separation
fac~ities, and their accessory uses, subject to the requirements set forth in DIVISION
8, ENERGY FACILITIES.
Sec. 35-234.6. Uses Permitted with a Minor Conditional Use Permit.
1. Certified Farmer's Market. (Added by Ord. 4087, ]2/]5/92)
Sec. 34-234.7. Performance Standards.
1. The volume of sound measured outside during calm air conditions, generated by any
use on the property shall not exceed seventy-five (75) dBL 10 at or beyond any point
along the property boundary upon which such use is located. However, in no case
shall the volume of sound exceed sixty-five (65) dBL dn at the location of any nearby
noise sensitive uses, as defined in the County Noise Element.
2. The ground vibration inherently and recurrently generated by or resulting from any
use, other than motor vehicles, operated on any lot shall not be perceptible without
instruments at any point along the boundary of or outside of the lot upon which such
use is located.
3. No offensive odors or fumes, noxious gases, or liquids, heat, glare, or radiation
generated by or resulting from any use, other than motor vehicles or lighting fixtures,
operated on any lotshall be detectable at any point along the boundary of or outside
of the lot upon which such use is located.
4. Except for the heating of buildings, there shall be no smoke or dust generated by or
resulting from any use, other than motor vehicles, located upon the lot.
5. All activities shall be conducted in such a manner so as not to be injurious to the
health, safety, or welfare of persons residing or working in the neighborhood by reason
of danger to life or property.
Sec. 35-234.8. Minimum Lot Size.
None.
Sec. 35-234.9. Setbacks for Buildings and Structures.
1. Front: Fifty (50) feet from the centerline and twenty (20) feet from the right-of-way
line of any street.
2. Side:
a. Ten (10) feet.
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b. On corner lots, the side yard along the street shall conform to the front yard
provisions of this district.
3. Rear:
a. Ten (10) feet.
b. For any lot that has a rear boundary which abuts a lot zoned residential, fifty (50)
feet.
Sec. 35-234.10. Coverage.
No more than fifty (50) percent of the net area of the property shall be covered by
buildings and structures.
Sec. 35-234.11. Height Limit.
No building or structure shall exceed a height of forty-five (45) feet.
Sec. 35-234.12. Parking.
As provided in DIVISION 6, PARKING REGULATIONS.
Sec. 35-234. 13. Landscaping/Screening.
1. Not less than ten (10) percent of the net lot area shall be landscaped.
2. All landscaping shall be in conformance with the approved Development Plan.
3. The side and rear property lines shall be landscaped with a minimum of a five-foot
wide planted area and the front property line shall be landscaped with a minimum of
a 10-foot wide planted area.
4. Where any portion of a lot abuts a lot in a residential or commercial district, in
addition to the five (5) foot wide planted area, a masonry wall not less than six (6) feet
in height shall be provided along such abutting portion.
5. Outdoor storage areas shall be screened from view of any street by a wall or fence six
(6) feet in height. Such wall or fence shall be located not closer than five (5) feet to
the street right-of-way line. The space between the wall or fence and the street shall
be landscaped. Areas where stored materials or equipment exceed a height of six (6)
feet shall be landscaped by a row of trees of a type approved by the County Landscape
Planner to provide continuous screening to an approximate height of not less than
twenty (20) feet nor more than forty (40) feet when mature.
6. Installation and maintenance of said landscaping shall be guaranteed by performance
securities as set forth in Sec. 35-289. (General Regulations).
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Sec. 35-235. ~enera1Indust.
Sec. 35-235.1. Purpose and Intent.
The purpose of this district is to allow for all types of industrial uses while providing
the level of review of projects that is necessary to ensure that adverse impacts will be
minimized and that these uses will be compatible with surrounding properties.
Sec. 35-235.2. Preliminary Development Plan to be Included in Application for Rezoning.
Unless the Planning Commission expressly waives the requirement, an application for
a rezoning to this District shall include a Preliminary Development Plan as part of the
application. Upon approval by the Board of Supervisors of the rezoning and Preliminary
Development Plan, the Preliminary Development Plan may be incorporated into the
Rezoning Ordinance.
Sec. 35-235.3. Processing
No permits for development, including grading, shall be issued except in conformance
with an approved Final Development Plan, as provided in Sec. 35-317. (Development Plans),
and with Sec. 35-314. (Land Use Permits).
Sec. 35-235.4. Permitted Uses.
With the exception of oil and gas marine terminals, all industrial uses are permitted
except that the following uses are permitted subject to the issuance of a Major Conditional
Use Permit pursuant to Sec. 35-315. (Conditional Use Permits):
1. Cement, lime or building materials manufacture or processing.
2. Chemical manufacture.
3. Distillation or reduction of bones.
4. Explosives manufacture or storage.
5. Fat rendering.
6. Fertilizer manufacture.
7. Fish cannery or packing plant.
8. Manufacture of artificial gas.
9. Kelp reduction and processing.
10. Smelting of ores.
1 1 . Stockyard, feed lot or slaughter house.
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12. Tannery.
13. Asphalt hot mix plant.
14. Refineries.
15. Major electric transmission substation.
Sec. 35-235 .5. Performance Standards.
1. Open storage of equipment and materials shall be permitted only in areas screened
from view of surrounding lots.
2. The volume of sound measured outside during calm air conditions, generated by any
use on the property shall not exceed seventy-five (75) dBL 10 at or beyond any point
along the property boundary upon which such use is located. However, in no case
shall the volume of sound exceed sixty-five (65) dBL dn at the location of any nearby
noise sensitive uses, as defined in the County Noise Element.
3. A'iy generation of offensive odors or fumes, noxious gases or liquids, heat, glare, or
radiation and all activities shall be conducted in such a manner so as not to be
injurious to the health, safety, or welfare of persons residing or working in the
neighborhood by reason of danger to life or property.
Sec. 35-235.6. Minimum Lot Size.
None.
Sec. 35-235.7. Setbacks for Buildings and Structures.
1. Front: Fifty (50) feet from the centerline and twenty (20) feet from the right-of-way
line of any street.
2. Side:
a. Ten (10) feet.
b. On corner lots, the side yard along the side street shall conform to the front yard
provisions of this district.
3. Rear:
a. Ten (10) feet.
b. For any lot that has a rear boundary which abuts a lot zoned residential, fifty (50)
feet.
Sec. 35-235.8. Height Limit.
No building or structure shall exceed a height of forty-five (45) feet
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See. 35-235.9. Parking.
As provided in DIVISION 6, PARKING REGULATIONS.
See. 35-235.10. Landscaping.
1. All front property jines shall be landscaped with a minimum of a five-foot wide planted
area.
2. The first five (5) feet of any setback area abutting a lot in a residential or commercial
district shall be landscaped and a masonry wall not less than six (6) feet in height shall
be provided.
3. Installation and maintenance of said landscaping shall be guaranteed by performance
secunties as set forth in Sec. 35-289. (General Regulations).
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Sec. 35-236. M-CR Coastal-Related Industry. (Amended by Ord. 3939, 9/3/91)
Sec. 35-236.1. Purpose and Intent.
The purpose of this district is to provide for sites that are coastal-related industrial
uses. The intent is to provide standards and conditions that will ensure that environmental
damage will be avoided or minimized to the maximum extent feasible. (Amended by Ord. 3939,
9/3/9])
Sec. 35-236.2. Processing.
1. No permits for any development, including grading, shall be issued except in
conformance with Sec. 35-314. (Land Use Permits).
2. In addition, for oil and gas development, no permits shall be issued except in
conformance with an approved Exploration Qr Production Plan, as provided in Sec.
35-319. (Oil & Gas Plans) and the regulations of DIVISION 8, ENERGY
FACILITIES.
Sec. 35-236.3. Permitted Uses.
1. Onshore oil and gas development including exploratory and production wells,
separation facilities, pipelines, storage tanks, treatment and processing facilities, and
truck terminals, subject to the requirements set forth in DIVISION 8, ENERGY
FACILITIES.
2. Onshore facilities necessary for the exploration, development, production, processing,
and/or transportation of offshore oil and gas resources subject to the regulations in
DIVISION 8, ENERGY FACILITIES.
3. Onshore components of marine terminals required for waterborne shipments of crude
oil or petroleum products subject to the regulations of DIVISION 8, ENERGY
FACILITIES.
4. Aquaculture.
5. All types of agriculture and farming, as permitted in and subject to the regulations of
the AG-Il District (Sec. 35-217.).
Sec. 35-236.4. Uses Permitted with a Major Conditional Use Permit.
Dwellings for employees of the owner or lessee of the land engaged in a permitted use
of the land upon which the dwelling is to be located.
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Sec. 35-236.5. Minimum Lot Size.
None.
Sec. 35-236.6. Setbacks for Buildings and Structures.
1. Front: Fifty (50) feet from the centerline and twenty (20) feet from the right-of-way
line of any street.
2. Side:
a. Ten (10) feet.
b. On corner lots, the side yard along the side street shall conform to the front yard
provisions of this district.
3. Rear:
a. Ten (10) feet.
b. For any lot that has a rear boundary which abuts a lot zoned residential, fifty (50)
feet.
Sec. 35-236.7. Height Limit.
No building or structure shall exceed a height of forty-five (45) feet.
Sec. 35-236.8. Parking.
As provided in DIVISION 6, PARKING REGULATIONS.
Sec. 35-236.9. Landscaping/Screening.
1. Except for exploratory oil and gas drill sites, all property lines shall be landscaped with
a minimum of a five (5) foot wide planted area. Where any portion of a lot abuts a
lot in a residential or commercial district, in addition to the five (5) foot wide planted
area, a masonry wall not less than six (6) feet in height shall be provided.
2. Except for exploratory oil and gas drill sites, outdoor storage areas shall be screened
by a wall or fence six (6) feet in height. Such wall or fence shall be located not closer
than five (5) feet to the street right-of-way line. The space between the wall or fence
and the street shall be landscaped. Areas where stored materials or equipment exceed
a height of six (6) feet shall be landscaped by a row of trees approved by the Planning
and Development Department to provide continuous screening to an approximate
height of not less than twenty (20) feet nor more than forty (40) feet when mature.
(Amended by Ord. 3794, 01/09/90)
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Sec. 35-237. MU-Mixed Use Zone District.
Sec. 35-237.1. Purpose and Intent.
The purpose of this district is to set forth provisions for areas in the County which may
be suited for mixed use development (i.e., residential, commercial, and/or industrial) because
of their unique or unusual size, shape, natural characteristics, or location in relation to
existing or planned land uses of adjacent areas. The intent is to plan the area as a unit to
ensure protection of these unique qualities and to allow flexibility in the location and
arrangement of the residential, commercial and industrial development. To this end, the
MU zone district is designed to set forth the minimum general standards for development
and to encourage maximum cooperation between applicants and the County in determining
the specific requirements of individual projects to ensure that the needs of the community
as well as the unique characteristics of a site are addressed in the development plan.
Sec. 35-237.2. Preliminary Development Plan to be Included in Application for Rezoning.
Unless the Planning Commission expressly waives the requirement, an application for
a rezoning to this district shall include a Preliminary Development Plan as part of the
application. Upon approval by the Board of Supervisors of the rezoning and Preliminary
Development Plan, the Preliminary Development Plan may be incorporated into the
rezoning ordinance.
Sec. 35-237.3. Processing.
No permits for any development, including grading, shall be issued except in
conformance with an approved Final Deyelopment Plan as provided in Sec. 35-317.
(Development Plans) and with Sec. 35-314. (Land Use Permits).
Sec. 35-237.4. Permitted Uses.
The following uses shall be permitted individually or in combination consistent with the
land use designation for a specific lot or lots on the Land Use Element Maps of the
Comprehensive Plan:
1. All permitted uses in the Design Residential (DR) district.
2. All permitted uses in the Industrial/Research Park (M-RP) district.
3. The following uses when conducted within a completely enclosed building:
a. The manufacture, compounding, processing, packaging, or treatment of bakery
goods, candy, dairy products, and other food products but excluding such products
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as fish, meat, sauerkraut, vinegar, yeast, and the rendering or refining of fats and
oils.
b. The manufacture, compounding, assembling, or treatment of articles or
merchandise from the following previously prepared materials: bone, cellophane,
canvas, cloth, cork, feathers, felt, fiber, fur, glass, hair, horn, leather, paper,
plastics, precious or semi-precious metals or stone, shell, textiles, tobacco, wood,
yarns, and paint not employing a boiling process.
4. All permitted uses in the Professional and Institutional (P1) district.
5. All permitted uses in the Retail Commercial (C-2) district when conducted wholly
within a completely enclosed building and excluding new and used automobile and
machinery sales, automobile parking lot, and outdoor amusement enterpnses, including
miniature golf courses.
6. Only the following uses from the General Commercial (C-3) district shall be permitted:
bakery, furniture repair and upholstery shop.
7. Recreational facilities, including but not limited to, tennis courts,racquetball courts,
gymnasiums, swimming pools, playgrounds, and parks only for the private use of the
residents and/or the employees of the commercial or industrial uses within the mixed
use development.
8. Open space uses such as viewing areas, hiking, biking, and equestrian trails.
9. Single Room Occupancy Facility. (Added by Ord. 4128, 11/16/93)
10. tises, buildings, and structures incidental, accessory and subordinate to permitted uses,
subject to the provisions of this section.
Sec. 35-237.5. Uses Permitted with a Major Conditional Use Permit.
1. Where not otherwise permitted under the land use designation of the Comprehensive
Plan ILand Use Element maps, the following uses shall be allowed within a mixed use
development that includes residential use: Convenience establishments of a
commercial and service nature serving the day-to-day needs of residents and employees
of the development such as food, drugs, and other incidentals. These convenience
establishments shall not by reason of their location, construction, manner or timing of
operations, signs, lighting, parking arrangements, or other characteristics adversely
affect the land uses within or adjoining the development, or create traffic congestion
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or hazards to vehicular or pedestrian traffic.
2. Conjunctive use parking, subject to the provisions of Sec. 35-237.13. (MU-Parking).
Sec. 35-237.6. Uses Permitted with a Minor Conditional Use Permit. (Added by Ord. 4087,
12/15/92)
1. Certified Farmer's Market.
Sec. 35-237.7. Findings for Approval.
Approval of any Development Plan within the MU district shall be subject to the
following findings:
1. The density and type of mixed use development is consistent with all applicable
Comprehensive Plan policies and incorporates any other conditions
specifically applicable to the parcels that are set forth in the Comprehensive Plan.
2. The mixed use development will not be detrimental to the health, safety, comfort,
convenience, property values, and general welfare of the neighborhood.
3. The existing and proposed circulation is suitable and adequate to serve the proposed
uses.
4. The buildings and structures are clustered to the maximum extent feasible to provide
the maximum amount of contiguous open space.
5. The mixed use development will not adversely affect such necessary community
services as traffic circulation, sewage disposal, fire protection, police protection, and
water supply.
6. The proposed mixed uses are sited and designed to ensure the compatibility of the
uses.
Sec. 35-237.8. Lot Size/District Density.
1. There is no minimum lot size.
2. The maximum density for each development shall comply with the land use designation
on the ILand Use Element maps of the Comprehensive Plan. Where no density is
specified, the Planning Commission shall consider the development standards of the
MU district (percent landscaping, building coverage, etc.) and the characteristics of the
surrounding neighborhood in establishing the maximum density of the project.
Sec. 35-237.9. Setbacks for Buildings and Structures.
1. For the purposes of this section, where cluster residential development occurs, a street
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shall be defined as a public or private right-of-way providing access to five (5) or more
dwelling units.
2. Setbacks shall be determined as part of the Preliminary and Final Development Plans
as set forth below:
a. Perimeter setbacks:
Fifty (50) feet from any street centerline and twenty (20) feet from any property
line. These setbacks may be modified by the Planning Commission as necessary
to provide adequate separation and open space between land uses on the site and
on adjacent parcels.
b. Interior Setbacks:
Interior setbacks will be determined by the Planning Commission on a case by
case basis based on the following criteria:
1) Adequate separation of different types of uses shall be maintained in order
to avoid potential adverse impacts from one use on another due to noise,
lighting, odors, vibration, and general nuisances.
2) Adequate separation of different types of uses shall be maintained to protect
the aesthetic values of the site and of the individual uses, as well as to
provide for adequate landscaping and screening.
3) In addition, siting of structures and land uses shall be based on the following
factors: privacy, light, air, solar exposure, building configuration, avoidance
of hazardous areas, and preservation of existing trees.
Sec. 35-237.10. Distance Required Between Buildings on the Same Building Site.
The minimum distance between a building designed or used for human habitation and
any other building on the same building site shall be five (5) feet. (Amended by Ord. 3793,
01/09/90)
2. A minimum distance between two commercial and/or industrial buildings shall not be
required but where a distance is provided it shall be a minimum of three (3) feet.
Sec. 35-237.11. Building Coverage.
A maximum of forty (40) percent of the total net area of the property may be covered
by buildings.
Sec. 35-237.12. Height Limit.
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No building or structure shall exceed a height of thirty-five (35) feet.
Sec. 35-237.13. Open Space and Landscaping.
1. A minimum of forty (40) percent of the net area of the property shall be devoted to
common and private open space. Common open space may include recreational
facilities such as picnic areas, swimming pools, tennis courts , etc but shall not include
laundry facilities or other non-recreational uses.
2. A landscaped strip at least ten (10) feet in width shall be maintained along the site's.
perimeter.
3. Any driveway or uncovered parking area shall be separated from property lines by a
landscaped strip not less than ten (10) feet in width.
4. A landscaped buffer shall be provided between residential and commercial and/or
industrial portions of the development to ensure adequate screening, privacy, and noise
reduction.
Sec. 35-237.14. Parking.
Parking shall be provided as specified in DIVISION 6, PARKING REGULATIONS.
In addition:
1. Uncovered parking areas shall be screened from all streets and any residential
structures by hedges, dense plantings, solid fences, or walls at least four (4) feet in
height. (Amended by OTd. 4063, 8/18/92)
2. Conjunctive use of parking spaces:
a. For the purposes of this section, conjunctive use shall be defined as the joint use
of parking spaces for two or more land uses where the hours of operation and
demand for parking are such that the parking spaces can be used by the individual
uses at different times of the day or week and, therefore, can serve more than one
use. The intent is to provide for possible reduction in the number of parking
spaces ordinarily required for two or more land uses and the sharing of parking
spaces under a set of unique circumstances, including the compatibility of the land
uses, adjacent properties, and lack of need for separate parking facilities.
b. A Major Conditional Use Permit shall be required for the conjunctive use of
parking spaces, as provided in Sec. 35-315. (Conditional Use Permits). The
Conditional Use Permit shall be subject to the following requirements:
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1) The applicant(s) shall demonstrate a need for such parking spaces required
for the individual uses according to the parking regulations of this Article.
The applicant(s) shall state the type of use(s) proposed, time periods of
operation, and any other necessary information to demonstrate that the
conjunctive use of parking spaces will not create traffic congestion or be
detrimental to surrounding uses.
2) In cases where the required number of parking spaces for individual uses
differ, the parking requirement which is greater shall become effective.
3) The applicant(s) shall submit a title report for the parcel proposed for
conjunctive parking use and an agreement between the owners of record of
the parcel and prospective users. Said agreement shall obligate the parcel
for conjunctive parking use, clearly define the obligation of each party to the
agreement, and be recorded in the Santa Barbara County Recorder's Office.
The agreement shall provide that any modification to the terms of the
agreement shall be subject to the Planning Commission approval.
4) Violation of the Conditional Use Permit shall be grounds for revocation of
the conjunctive parking use.
Sec. 35-237.15. Additional District Requirements.
Areas for trash or outdoor storage shall be enclosed and screened in such a manner
as to conceal all trash or stored material from public view, and be so located as to
eliminate any negative impacts resulting from sound, visual, safety or odor to the
residential portion of the development.
2. Playgrounds and other recreational areas shall be located in such a way as to ensure
the safety of the residents of the development as well as to ensure that the recreational
use does not interfere with the day-to-day operation of the commercial and industrial
uses of the development.
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Sec. 35-238. PU Public Works Utilities and Private Service Facilities.
(Amended by Ord. 4085, 12/15/92)
Sec. 35-238.1. Purpose and Intent.
The purpose of this district is to provide areas for the siting of large scale public works,
utilities and private service facilities appropriate for location in the PU district. This section
shall not apply to local agencies exempted by Sec. 35-201. The intent is to provide adequate
design requirements to ensure that such facilities are compatible with surrounding land uses.
No permits for development of public works, utilities and private service facilities outside
of the PU district shall be issued except in conformance with Sec. 35-314. (Land Use
Permits) and Sec. 35-315. (Conditional Use Permits). (Amended by Ord. 4085, 12/15/92)
Sec. 35-238.2. Preliminary Development Plan to be Included in Application for Rezoning.
Unless the Planning Commission expressly waives the requirement, an application for
a rezoning to this district shall include a Preliminary Development Plan as part of the
application. Upon approval by the Board of Supervisors of the rezoning and Preliminary
Development Plan, the Preliminary Development Plan may be incorporated into the
rezoning ordinance.
Sec. 35-238.3. Processing.
No permits for development, including grading, shall be issued except in conformance
with an approved Final Development Plan, as provided in Sec. 35-317. (Development Plans),
and with Sec. 35-314. (Land Use Permits).
Sec. 35-238.4. Permitted Uses.
1. Central plant facilities for domestic, commercial, industrial or recreational water
production including onsite water wells, treatment and storage, including but not
limited to, water systems, water treatment plants, water package plants or other similar
facilities, proposed to serve 200 or more connections. (Added by Ord. 4085, 12/15/92)
2. Central plant facilities for sewage treatment, including but not limited to, wastewater
treatment plants, wastewater package plants, reclamation facilities or other similar
facilities, proposed to serve 200 or more connections. (Added by Ord. 4085, 12/1/92)
3. Operating bases and service centers for public utilities.
4. Underground gas storage.
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5. Major electric transmission substation.
6. All types of agriculture and farming as permitted in and subject to the limitations of
the AG-Il District, excluding feed lots.
7. Any other use which the Planning Commission finds similar to the uses listed above.
8. Uses, buildings, and structures accessory and customarily incidental to the above uses.
Sec. 35-238.5. Performance Standards.
1. Open storage of equipment and materials shall be permitted only in areas screened
from view of surrounding lots.
2. The volume of sound, measured during calm air conditions, inherently and recurrently
generated by or resulting from any use, other than motor vehicles, operated on any lot
shall not exceed seventy (70) decibels at any point along the boundary of or outside
of the lot upon which such use is located.
3. The ground vibration inherently and recurrently generated by or resulting from any
use, other than motor vehicles, operated on any lot shall not be perceptible without
instruments at any point along the boundary of or outside of the lot upon which such
use is located.
4. No offensive odors or fumes, noxious gases or liquids, heat, glare, or radiation
generated by or resulting from any use, other than motor vehicles or lighting fixtures,
operated on any lot shall be detectable at any point along the boundary of or outside
of the lot upon which such use is located.
5. Except for the heating of buildings there shall be no smoke or dust generated by or
resulting from any use, other than motor vehicles located upon the lot.
6. All activities shall be conducted in such a manner so as not to be injurious to the
health, safety, or welfare of persons residing or working in the neighborhood by reason
of danger to life or property.
Sec. 35-238.6. Minimum Lot Size.
None.
Sec. 35-238.7. Setbacks for Buildings and Structures.
1. Front: Fifty (50) feet from the centerline and twenty (20) feet from the right-of-way
line of any street.
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2. Side:
a. Ten (10) feet.
b. On corner lots, the side yard along the side street shall conform to the front yard
provisions of this district.
3. Rear:
a. Ten (10) feet.
b. For any lot that has a rear boundary which abuts a lot zoned residential, fifty (50)
feet.
Sec. 35-238.8. Height Limit.
No building or structure shall exceed a height of forty-five (45) feet. (Amended by Ord.
4085, 12/15/92)
Sec. 35-238.9. Parking.
As provided in DIVISION 6, PARKING REGULATIONS.
Sec. 35-238.10. Landscaping.
1. AUl front property lines shall be landscaped with a minimum of a five-foot wide planted
area.
2. The first five feet of any setback area abutting a lot in a residential or commercial
district shall be landscaped and a masonry wall not less than six feet in height shall be
provided.
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Sec. 35-239. REC Recreation District.
Sec. 35-239.1. Purpose and Intent.
The purpose of this district is to provide open space for various forms of outdoor
recreation of either a public or private nature. The intent is to encourage outdoor
recreational uses which will protect and enhance areas which have both active and passive
recreation potential because of their beauty and natural features. Such development should
offer recreational uses which compliment and are appropriate to the area because of these
features.
Sec. 35-239.2. Preliminary Development Plan to be Included in Application for Rezoning.
Unless the Planning Commission expressly waives the requirement, an application for
a rezoning to this district shall include a Prehminary Development Plan as part of the
application. Upon approval by the Board of Supervisors of the rezoning and Preliminary
Development Plan, the Preliminary Development Plan may be incorporated into the
rezoning ordinance.
Sec. 35-239.3. Findings Required for Rezoning.
Except for existing public or private outdoor recreational areas as shown on the
Comprehensive Plan Land Use Element Maps, no property shall be rezoned to the REC
district unless the Board of Supervisors shall first make the following findings:
1. The level of facility development is in conformance with the environmental carrying
capacity of the area to be rezoned, i.e., the proposed recreational activities are of the
kind, intensity, and location to ensure protection of environmentally sensitive habitat
resources.
2. The proposal conforms with all applicable policies in the Comprehensive Plan
including the Parks, Recreational and Trails (non-motorized) maps.
3. The proposed recreational activities are compatible with land uses on adjacent parcels.
4. The property contains not less than one acre.
Sec. 35-239.4. Processing.
No permits for development, including grading, shall be issued except in conformance
with an approved Final Development Plan, as provided in Sec. 35-317. (Development Plans),
and with Sec. 35-314. (Land Use Permits).
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Sec. 35-239.5. Permitted Uses.
1. Outdoor public and/or private recreational uses, e.g., parks, campgrounds, recreational
vehicle accommodations, and riding, hiking, bicycling, and walking trails.
2. Golf courses.
3. Structures and facilities required to support the recreational activities, e.g., parking
areas, water and sanitary facilities, boat launching facilities, ranger stations, and limited
concession facilities.
4. Any other use which the Planning Commission determines to be similar in nature to
the above uses, but not including fairgrounds, amusement parks, and large indoor
recreational complexes.
Sec. 35-239.6. Uses Permitted with a Major Conditional Use Permit.
1. Swimming and tennis clubs, and country clubs.
2. Zoos.
3. Restaurants or snack bars provided such facilities are in conjunction with and accessory
to the recreational use.
4. Public riding stables.
5. Trout farms.
6. Duck shooting, pistol or rifle ranges.
7. Boat clubs.
8. Onshore oil drilling and production operations as defined in and subject to the
requirements of DIVISION 8, ENERGY FACILITIES.
9. Historical Parks pursuant to Section 35-292 (Amended by Ord. 3496, 3/4/85)
Sec. 35-239.7. Uses Permitted with a Minor Conditional Use Permit.
1. Residential structures for a caretaker. (Amended by Ord. 3992, 2/21/92)
Sec. 35-239.8. Development Standards.
1. In order to ensure recreational rather than residential use of overnight
accommodations, the maximum period for individual occupancy of said facilities shall
be thirty (30) days.
Sec. 35-239.9. Minimum Lot Size.
One (1) acre.
Sec. 35-239.10. Setbacks for Buildings and Structures.
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1. Front: Fifty (50) fret from the centerline and twenty (20) feet from the right-of-way
line of any street.
2. Side and Rear: Ten (10) feet from the side or rear property lines, except that:
Twenty-five (25) feet from the boundaries of a residentially zoned lot.
3. Interior Lots: Ten (10) feet from all property lines.
Sec. 35-239.11. Coverage.
Not to exceed twenty (20) percent of the total net area of the property shall be
covered by buildings or structures.
Sec. 35-239.12. Height Limit.
No building or structure shall exceed a height of twenty-five (25) feet.
Sec. 35-239.13. Parking.
As provided in DIVISION 6, PARKING REGULATIONS.
Sec. 35-239.14. Landscaping.
1. Landscaping shall be installed and maintained in accordance with the approved Final
Development Plan.
2. Where a lot is adjacent to a lot(s) zoned for residential use, landscaping, fences, and/or
walls to screen facilities such as tennis courts, concession stands, restrooms, and other
structures shall be provided. (Amended by Ord. 4063, 8/18/92)
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See. 35-240. ~esourceManaement.
See. 35-240.1. Purpose and Intent.
The purpose of this district is to ensure protection of lands that are unsuited for
intensive development and have one or more of the following characteristics:
1. Slopes in excess of 40 percent.
2. Valleys surrounded by slopes exceeding 40 percent.
3. Isolated table land surrounded by slopes exceeding 40 percent.
4. Areas with outstanding resource values, such as environmentally sensitive habitat areas
and watershed areas.
The intent is to allow limited development in these areas due to the presence of
extreme fire hazards, minimum services, and/or environmental constraints and to encourage
the preservation of these areas for uses such as grazing, scientific and educational study, and
limited residential uses.
Sec. 35-240.2. Processing.
No permits for development, including grading, shall be issued except in conformance
with an approved Final Development Plan, as provided in Sec. 35-317. (Development Plans),
and with Sec. 35-314. (Land Use Permits).
Sec. 35-240.3. Permitted Uses.
1. One single-family dwelling per legal lot.
2. One guest house subject to the provisions of Sec. 35-268 (General Regulations).
3. The non-commercial keeping of animals and poultry.
4. Agricultural grazing.
Sec. 35-240.4. Uses Permitted with a Major Conditional Use Permit.
1. ILow intensity recreational uses such as summer camps, public riding stables, and
hunting clubs.
2. Campgrounds with minimum facilities not including accommodations for recreational
vehicles.
3. Limited facilities or developments for educational purposes or scientific research, e.g.,
water quality monitoring stations, access roads, storage facilities, etc.
4. Resource dependent uses such as mining and quarrying.
5. Aquaculture.
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6. Onshore O~1 development, including exploratory and production wells, pipelines,
separation facilities, and their accessory uses, subject to the requirements set forth in
DIVISION 8, ENERGY FACILITIES.
7. New cultivated agriculture, vineyard or orchard use, without documented evidence
showing that it is a legal conforming or legal non-conforming use within the previous
ten year historic period. (Amended by Ord. 3491, 9/10/9])
Sec. 35-240.5. Uses Permitted with a Minor Conditional Use Permit.
1. Artist's studio.
2. New or expanded areas of cultivated agriculture, vineyard, or orchard use which is
documented to show evidence of historic legal conforming or legal non-conforming use
within the previous ten year historic period. (Amended by Ord. 3491, 9/10/91)
Sec. 35-240.6. Findings Required for Conditional Use Permit.
In addition to the findings required for approval of a Conditional Use Permit in Sec.
35-315., no Conditional Use Permit shall be approved unless the Planning Commission or
Zoning Administrator also makes all of the following findings:
1. The project does not require extensive alteration of the topography.
2. The project does not cause erosion, sedimentation, runoff, siltation, or an identified
significant adverse impact to downstream water courses or water bodies. (Amended by
Ord. 349], 9/10/91)
3. The project will not cause any significant adverse effect on environmentally sensitive
habitat areas, plant species, or biological resources. (Amended by Ord. 3941, 9/10/91)
Sec. 35.240.7 Minimum Application Submittal Requirements for Conditional Use Permit.
In addition to the contents of the application required for Conditional Use Permits
under Section 35-315.6, no application shall be accepted for processing unless accompanied
by the following submittals:
1. A topographic map showing existing slopes, water courses, and types of vegetation on
the property.
2. The location and specifications of all existing and proposed roads, terraces, and
structures.
3. Application for new or expanded cultivation, orchard, or vineyard use shall include a
Conservation/Grading Plan that:
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a. is reviewed and approved by the Resource Conservation District and meets all
essential specifications as determined by the Soil Conservation Service.
b. shows areas of 50% or greater slopes.
c. contains a crop production and cultivation plan for all agricultural operations to
be conducted on the site, a description of mechanized equipment to be used; and
for orchards and vineyards, a post-approval monitoring program.
(Amended by Ord. 3941, 9/10/9])
Sec. 35-240.8. Minimum Lot Size.
Each lot shall have a minimum gross lot area as indicated below for the symbol shown
on the lot on the applicable Santa Barbara County Zoning Map.
Zoning S~bol Minimum Lot Size
RES-40 40 acres
RES- 100 100 acres
RES-320 320 acres
A dwelling may be located upon a smaller lot if such lot is shown as a legal lot either on a
recorded subdivision or parcel map or is a legal lot as evidenced by a recorded certificate
of compliance.
Sec. 35-240.9. Setbacks for Buildings and Structures.
Fifty (50) feet from the centerline of any street and twenty (20) feet from the lot lines
of the lot of which the building or structure is located.
Sec. 35-240.10. Height Limit.
No building or structure shall exceed a height of twenty-five (25) feet.
Sec. 35-240.11. Minimum Distance Required Between Buildings on the Same Building Site.
Five (5) feet. (Amended by Ord. 3793, 01/09/90)
Sec. 35-240.12. Parking.
As provided in DIVISION 6, PARKING REGULATIONS.
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Sec. 35-240A. MT-GOL Mountainous-Goleta. (Added by Ord. 4111, 7/20/93)
See. 35-240A.1. Purpose and Intent.
The purpose of this zone district is to ensure protection of mountainous lands in the
Goleta Planning Area that are unsuited for intensive development, while permitting
reasonable use of these lands which have one or more of the following characteristics:
1. Slopes in excess of 40 percent.
2. Valleys surrounded by slopes exceeding 40 percent.
3. Isolated table land surrounded by slopes exceeding 40 percent.
4. Areas with outstanding resource values, such as environmentally sensitive habitat areas
and watershed areas.
The intent is to allow only limited development in these areas due to the presence of
extreme fire hazards, minimum services, and/or environmental constraints, and to encourage
the preservation of these areas for uses such as grazing, scientific and educational study,
limited residential and agricultural uses.
Sec. 35-240A.2. Processing.
No permits for development, including grading, shall be issued except in conformance
with Sec. 35-314 (Land Use Permits).
Sec. 35-240A.3. Permitted Uses.
1. One single-family dwelling per legal lot.
2. One guest house subject to the provisions of Sec. 35-268 (General Regulations).
3. The keeping of animals and poultry.
4. Agricultural grazing.
5. Cultivated agriculture, vineyard, or orchard use where the average area of disturbance
due to agricultural improvements occurs on slopes of forty (40) percent or less and on
slopes greater than forty (40) percent where the cumulative area of disturbance (pre-
existing and proposed) totals five (5) acres or less.
Sec. 35-240A.4. Uses Permitted with a Major Conditional Use Permit.
1. Low intensity recreational uses such as summer camps, retreats, public riding stables,
and hunting clubs.
2. Campgrounds with minimum facilities not including accommodations for recreational
vehicles.
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153 M~y 1994
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3. Limited facilities or developments for educational purposes or scientific research, e.g.,
water quality monitoring stations, access roads, storage facilities, etc.
4. Resource dependent uses such as mining and quarrying.
5. Aquaculture.
6. Onshore oil development, including exploratory and production wells, pipelines,
separation facilities, and their accessory uses, subject to the requirements set forth in
DIVISION 8, ENERGY FACILITIES.
Sec. 35-240A.5. Uses Permitted with a Minor Conditional Use Permit.
1. Artist's studio.
2. New or expanded areas of cultivated agriculture, vineyard, or orchard use on slopes
greater than forty (40) percent where the cumulative disturbed area (pre-existing and
proposed) on slopes greater than forty (40) percent exceeds five (5) acres.
3. Additional dwellings for not to exceed four employees of the owner or lessee of the
land engaged full time in agriculture on the farm or ranch upon which the dwelling is
located provided:
a. The applicant can document the existing and proposed agricultural use of the
land and demonstrate a need for additional dwellings to support such use, and
b. The applicant provides proof of the full-time employment of the employees.
Sec. 35-240A.6. Findings Required for Conditional Use Permit.
In addition to the findings required for approval of a Conditional Use Permit in Sec.
35-315., no Conditional Use Permit shall be approved unless the Planning Commission or
Zoning Administrator also makes all of the following findings:
1. The project does not cause significant erosion, sedimentation, runoff, siltation, or an
identified significant adverse impact to downstream water courses or water bodies.
2. The project will not cause any significant adverse effect on environmentally sensitive
habitat areas.
Sec. 35.240A.7. Minimum Application Submittal Requirements for Land Use Permit and
Conditional Use Permit.
In addition to the contents of the application required for Land Use Permits under
Section 35-314.3 and Conditional Use Permits under Section 35-315.6, no application shall
be accepted for processing unless accompanied by the following submittals:
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1. A topographic map showing existing slopes, water courses, and types of vegetation on
the property.
2. The location and specifications of all existing and proposed roads, terraces, and
structures.
3. Application for new or expanded cultivation, orchard, or vineyard use shall include a
Conservation/Grading Plan that:
a. is reviewed and approved by the Resource Conservation District and meets all
essential specifications as determined by the Soil Conservation Service,
b. shows areas of forty (40) percent or greater slopes, and
c. contains a crop production and cultivation plan for all agricultural operations to
be conducted on the site, a description of mechanized equipment to be used, and
for orchards and vineyards, a post-approval monitoring program.
Sec. 35-240A.8. Minimum Lot Size.
Each lot shall have a minimum gross lot area as indicated below for the symbol shown
on the lot on the applicable Santa Barbara County Zoning Map.
Zoning Symbol Minimum Lot Size
MT-GOL-40 40 acres
MT-GOL-1OO 100 acres
MT-GOL-320 320 acres
A dwelling may be located upon a smaller lot if such lot is shown as a legal lot either
on a recorded subdivision or parcel map or is a legal lot as evidenced by a recorded
certificate of compliance.
Sec. 35-240A.9. Setbacks for Buildings and Structures.
Fifty (50) feet from the centerline of any street and twenty (20) feet from the lot lines
of the lot on which the building or structure is located.
Sec. 35-240A.1O. Height Limit.
No building or structure shall exceed a height of twenty-five (25) feet.
Sec. 35-240A.11. Minimum Distance Required Between Buildings on the Same Building
Site.
Five (5) feet.
Sec. 35-240A.12. Parking.
As provided in DIVISION 6, PARKING REGULATIONS.
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See. 35-241. ~obi1e Home Planned Develo ment.
Sec. 35-241.1. Purpose and Intent.
The purpose of the MHP district is to provide areas for mobile homes on
non-permanent foundations in planned developments such as mobile home rental parks and
mobile home statutory (air space) condominiums. The intent is to provide affordable
housing opportunities which meet the needs of the community. The intent is also to ensure
a safe and attractive residential environment by promoting high standards of site planning,
architecture, and landscaping design for mobile home developments.
Sec. 35-241.2. Preliminary Development Plan to be Included in Application for Rezoning.
Unless the Planning Commission expressly waives the requirement, an application for
a rezoning to this district shall include a Preliminary Development Plan as part of the
application. Upon approval by the Board of Supervisors of the rezoning and Preliminary
Development Plan, the Preliminary Development Plan may be incorporated into the
rezoning ordinance.
Sec. 35-241.3. Processing.
No permits for development including grading shall be issued except in conformance
with an approved Final Development Plan, as provided in Sec. 35-317. (Development Plans),
and with Sec. 35-314. (Land Use Permits) and with Chapter 2, Mobile Home Parks Act, of
Division 1, Title 25, of the California Code of Regulations. (Amended by Ord. 4087, 12115/92).
Sec. 35-241.4. Permitted Uses. (Amended by Ord. 3500, 04/01/85)
1. Mobile homes on non-permanent foundations located in either a mobile home park
as defined in DIVISION 2, DEFINITIONS or mobile home statutory (air space)
condominium developments.
2. Recreational facilities for the use of the residents of the development.
3. Uses, structures, and buildings customarily incidental and subordinate to the uses
permitted in this district.
Sec. 35-241.5. Setbacks and Distance Between Mobile Home Units and Structures.
1. The following minimum setbacks for buildings and structures shall apply to the
perimeters of a Mobile Home Park:
a. Front: Fifty (50) feet from the centerline and twenty (20) feet from the
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156 May 1994
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m]MHP
right-of-way line of any street.
b. Side and Rear: Fifteen (15) feet from the side or rear property lines of the
Mobile Home Park.
2. Within Mobile Home Parks, the minimum distance required for the separation of a
mobile home from a permanent building shall be ten (10) feet. The minimum distance
required for the separation of a mobile home from any other mobile home shall be ten
(10) feet from side to side, eight (8) feet from side to front or rear, and six (6) feet
from rear to rear, or front to front, or front to rear, superseding Sec. 35~274. (General
Setback Regulations). The following setbacks shal] apply to mobile home sites. A
mobile home shall be located a minimum of three (3) feet from all site lot lines except
that:
a. A three (3) foot setback is not required from a site bordering a private street.
b. In Mobile Home Parks, or portions thereof, constructed prior to September 15,
1961, no mobile home shall be located closer than six feet from any permanent
building or another mobile home (25 Cal. Code of Reg. § 1330., Location).
c. Freestanding awnings, carports, fences and windbreaks, storage cabinets and
stairways may be installed within the setback area for a mobile home unit site.
All other accessory buildings and structures shall maintain a minimum setback of
three (3) feet from any mobile home site lot line, which does not border on a
private street. (25 Cal. Code of Reg. ~ 1428., Location).
d. When a mobile home has projections including eave overhangs, the projections
may intrude into the distance required for separation or setback provided that a
minimum of six (6) feet separation is maintained between the edge of the
projection and an adjacent mobile home, building, accessory structure or its
projections. A minimum of three (3) feet shall be maintained from the mobile
home projection and the adjacent lot line or property line. (25 Cal. Code of Reg.
~ 1330., Location).
(Added by Ord. 4087, 12/15/92)
Sec 35-241.6. Mobile Home Site Area Coverage.
Buildings and structures shall not occupy more than seventy-five (75) percent of each
mobile home site. (25 Cal. Code of Reg. §1110., Occupied Area). (Amended by Ord. 4087,
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12/15/92)
Sec. 35-241.7. Height Limit.
No building or structure shall exceed a height of twenty-five (25) feet.
Sec. 35-241.8. Parking.
In addition to the requirements of DIVISION 6, PARKING REGULATIONS, the
following regulations shall apply:
1. Two parking spaces shall be provided for each mobile home site. Such parking spaces
may be permitted on individual sites or one parking space may be provided on the
individual sites and the other parking space may be located in common parking areas
located throughout the mobile home development.
2. Storage parking facilities for recreation vehicles (travel trailer, camper, etc.) shall be
constructed at the ratio of one storage space for each five mobile home sites. Storage
areas shall be screened by landscaping and fencing for secunty purposes. Minimum
dimensions for each storage space shall be ten (10) feet by twenty (20) feet.
3. Common parking areas shall be located no closer than ten (10) feet to any mobile
home site.
Sec. 35-241.9. Open Space and Landscaping.
1. A minimum of fifteen (15) percent of the gross area of the mobile home development
shall be in common open space, which shall include a recreational area and facilities
for the use of the residents of the development. Such facilities shall generally be
provided in a central location and may include lawn and picnic areas, swimming pools,
tennis courts, etc. Laundry facilities or other non-recreational uses shall not be
included in the common open space. Improved sidewalks, walkways or paths shall link
all mobile home sites to the recreational facilities. If the mobile home development
is to be developed in phases, the open space/common recreation area must be
developed during the first phase of construction.
2. In a mobile home condominium development, title to the common open space,
common recreational amenities and private streets shall be conveyed to a non-profit
association of all homeowners within the project area, or any other non-profit
individual or entity on such reasonable terms and conditions as the Board of
Supervisors may prescribe subject to conveying to the County of Santa Barbara the
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rights to develop such common open space with anything except open space,
non-commercial recreational facilities, common parking areas, and private streets.
3. Preservation and maintenance of all common open space, common recreational
facilities, common parking areas, and private streets shall be the obligation of the
individual or entity holding title to said areas.
4. Perimeter setback areas which are part of the common open space of the mobile home
development shall be landscaped. Unsightly areas within the development such as
common parking areas, trash storage areas, etc., shall be thoroughly screened by
landscaping.
Sec. 35-241 . 10. Additional Requirements.
1. Skirting shall be required for all mobile homes.
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See. 35-242. MHS Mobile Home SubdMsion.
See. 35-242. Purpose and Intent.
The purpose of this district is to increase opportunities for affordable housing by
establishing standards for the development of mobile home subdivisions. To this end, the
intent of this MHS district is to provide housing opportunities which meet the needs of the
community, including housing for low, moderate, and middle income households, families
with children, senior citizens, and other identified households in need. The intent is also to
ensure a safe and attractive residential environment by promoting high standards of site
planning, architecture, and landscaping for mobile home planned development.
Sec. 35-242.2. Preliminary Development Plan to be Included in Application for Rezoning.
Unless the Planning Commission expressly waives the requirement, an application for
a rezoning to this district shall include a Preliminary Development Plan. Upon approval by
the Board of Supervisors of the rezoning and Preliminary Development Plan, the Preliminary
Development Plan shall be incorporated into the rezoning ordinance.
Sec. 35-242.3. Findings for Approval of Rezoning to the MHS District.
Prior to approving a rezoning to the MHS district, the Planning Commission and/or
Board of Supervisors shall make the following findings:
1. That the proposed MHS development provides affordable housing opportunities,
consistent with the stated purpose and intent of the MHS district.
2. That the MHS is located within an Urban Area, as designated in the Comprehensive
Plan, and within reasonable access to employment opportunities, public transportation,
commercial centers, and schools.
Sec. 35-242.4. Processing.
No permits for development including grading shall be issued except in conformance
with an approved Final Development Plan as provided in Section 35-317. (Development
Plans) and in Section 35-314. (Land Use Permits).
Sec. 35-242.5. Permitted Uses. (Amended by Ord. 3500, 04/01/85)
1. One mobile home per legal lot. Mobile homes shall be certified under the National
Manufactured Home Construction and Safety Standards Act of 1974 (42 U.S.C. § 5401
et seq. ) and located on a permanent foundation system, subject to the provisions of
Sec. 35-282. (General Regulations).
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2. Recreational facilities for the use of the residents of the development, e.g., swimming
pool, tennis courts, and playground equipment.
3. Home occupations subject to the provisions of Sec. 35-269. (General Regulations).
4. Uses, buildings, and structures customarily incidental to single-family dwellings, for
exclusive use of the residents of the premises and their guests and not involving the
maintenance of a commercial enterprise on the premises.
Sec. 35-242.6. District Density.
1. The minimum amount of land that may be developed for a MHS shall be one (1) acre,
provided that this minimum land area is adequate to meet the requirements of the
MHS district.
2. The maximum density of the MHS shall be seven (7) units per gross acre.
3. The minimum lot size for individual lots within the MHS shall be 4,000 square feet,
with only one single-family dwelling permitted per lot. Every lot shall have a minimum
width of fifty (50) feet and a minimum depth of eighty (80) feet.
Sec. 35-242.7. Setbacks for Buildings and Structures.
1. The following minimum setbacks shall apply to the perimeters of a MHS development:
a. Front: Fifty (50) feet from the centerline or twenty (20) feet from the
right-of-way line of any street.
b. Side and Rear: Fifteen (15) feet from the side or rear property lines of any lot
on which the MHS development is located.
2. The following minimum setbacks shall apply to interior lots within a MHS
development:
a. Front: Ten (10) feet from the front line of each lot,
b. Side: Five (5) feet on each side of the building or structure, exclusive of awnings,
etc., in width. Where the side yard abuts an access road, public parking area or
walk, said yard shall not be less than ten (10) feet in width.
c. Rear: Ten (10) feet.
d. To maximize open space on individual lots, the side setback and minimum
distance required between buildings may be modified by the Planning Commission
to allow dwelling units to be located within one of the side yards, provided that
the remaining side yard is equal to the sum of the two required side yards. Such
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modifications shall be subject to State of California approval to waive the
minimum setback requirements of Title 25, California Administrative Code.
Sec. 35-242.8. Distance Required Between Buildings on the Same Building site.
The minimum distance between a building designed or used for human habitation and
any other detached building shall be ten (10) feet.
Sec. 35-242.9. Lot Coverage.
All buildings and structures shall not occupy more than sixty (60) percent of each
single-family lot.
Sec. 35-242.10. Height Limit.
No building or structure shall exceed twenty-five (25) feet in height.
Sec. 35-242.11. Parking.
In addition to the requirements of DIVISION 6, PARKING REGULATIONS, the
following regulations shall apply:
1. Two parking spaces shall be provided for each individual lot. Such parking spaces may
be permitted on individual lots or one parking space may be provided on the individual
lot and the other parking space may be located in common parking areas located
throughout the MHS development.
2. Common parking areas shall be located no closer than ten (10) feet to any lot line.
3. Any carport or garage shall be set back a minimum of 15 feet from the front line of
the lot on which it is located.
Sec. 35-242.12. Open Space and Landscaping.
1. A minimum of fifteen (15) percent of the gross lot area shall be in common open
space, which shall include a recreational area with facilities for the use of the residents
of the development. Such facilities shall generally be provided in a central location
and may include lawn and picnic area, swimming pools, tennis courts, etc. Laundry
facilities or other non-recreational uses shall not be included in the common open
space. Improved sidewalks, walkways or paths shall link all mobile home lots to the
recreational facilities. If the MHS is to be developed in phases, the open
space/community recreation area must be' developed during the first phase of
construction.
2. Title to the common open space, common recreational facilities, common parking
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areas, and private streets shall be conveyed to a non-profit association of all
homeowners within the project area, or any other non-profit individual or entity on
such reasonable terms and conditions as the Board of Supervisors may prescnbe
subject to conveying to the County of Santa Barbara the rights to develop such
property with anything except open space, non-commercial recreational facilities,'
common parking areas, and private streets. Preservation and maintenance of all
common open space, common recreational facilities, common parking areas, and
private streets shall be the obligation of the individual or entity holding title to said
areas.
3. Perimeter setback areas which are part of the common open space of the MHS shall
be landscaped. Unsightly areas within the development such as common parking
areas, trash storage areas, etc., shall be thoroughly screened by landscaping.
Sec. 35-242. 13. Additional Requirements.
Tool shed and equipment storage structures shall be permitted on each lot but shall
not be located in the front, side, or rear setback, area.
2. Storage parking areas for recreational vehicles (travel trailers, campers, etc.) shall be
provided at a ratio of one parking space per five residential lots. These areas shall be
screened by landscaping and fences for aesthetic and secunty purposes.
3. The exterior design and finish of all buildings and structures within the
MHS shall be compatible. For all buildings and structures, the Development Plan shall
include the following: a description of the colors and finishes of extenor walls, roof
lines, and other extenor design features determined by the County to be necessary for
compatibility.
4. All mobile home developments shall be in compliance with the requirements of Title
25, California Administrative Code.
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Sec. 35-243. OT Old Town Districts. (Added by Ord. 3567, 03/24/86)
Sec. 35-243.1. OT Old Town Residential, OT Old Town Residential/Commercial.
The purpose of the OT series of districts is to set standards for development and
establish guidelines for architectural continuity in areas that have unique historic
neighborhood characteristics. The intent is to protect and preserve the character of the
neighborhood and the architectural styles that have developed historically in these areas.
Sec. 35-243.2. OT-R/LC Old Town Residential~ght Commercial.
Sec. 35-243.2.1. Purpose and Intent.
The purpose of this district is to allow for residential and commercial uses, individually
or combined, in areas which contain predominantly single-family residences or are in close
proximity to single-family residential districts, to provide goods and services of a
neighborhood commercial nature, and to create a buffer area of low intensity commercial
land uses combined with residential land uses between areas of strictly residential and
general commercial uses. The intent is to maintain the existing mixture of residential and
commercial uses, and to preserve the character and architectural styles of the neighborhood
areas.
Sec. 35-243.2.2. Processing.
1. No permits for development, including grading shall be issued, except in conformance
with Sec. 35-314. (Land Use Permits).
2. Prior to the issuance of any Land Use Permit for buildings and structures which total
5,000 or more square feet in gross floor area or developments which total 10,000
square feet in size, a Final Development Plan shall be
approved as provided in Sec. 35-317. (Development Plans).
3. Prior to the issuance of any Land Use Permit for buildings or structures, all plans for
new or altered buildings and structures shall be reviewed by the area Architectural
Review Committee as to conformance with established design criteria, and
subsequently shall be submitted for approval by the Board of Architectural Review as
set forth in Sec. 35-329. (Architectural Review).
4. Prior to the issuance of any Land Use Permit for buildings or structures, all plans for
new or altered buildings and structures shall be reviewed by the Road Division of the
Public Works Department for frontage improvement conditions. As a condition to the
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issuance of a Land Use Permit for any building or structure, the owner or his agent
shall dedicate rights of way and engineer and construct street pavement, curbs, gutters,
and sidewalks on the street frontage of the property that are determined by the County
Department of Public Works, Road Division to be reasonably related to the proposed
use of the property.
Sec. 35-243.2.3. Permitted Uses.
1. Barber shop or beauty parlor.
2. Shoe sales and/or repair store.
3. Clothing store.
4. Professional and commercial offices.
5. Residential, as provided in Sec. 35-243.4.
6. Any other light retail business use which the Planning Commission finds is of similar
character to those enumerated in this Section and is not more injurious to the health,
safety, or welfare of the neighborhood because of
noise, odor, dust, vibration, traffic congestion, danger to life and property, or other
similar causes.
Areas designated as OT-LC are permitted all of the above uses with the exception of
No. 5 (Residential).
Sec. 35-243.2.4. Uses Permitted with a Major Conditional Use Permit.
The following uses may be permitted provided the Planning Commission can make the
findings as set forth in Article III, Section 35-315.6. (Findings):
a. Clinic.
b. Nursing home or rest home subject to the provisions of Section 35-315.11.
c. Library.
d. Church.
e. Club facilities.
f. Educational facilities, including nursery schools.
g. Museum.
h. Uses, buildings, and structures accessory and customarily incidental to the above
uses.
i. Similar uses which the Planning Commission may determine to be of the same
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nature as the above uses and consistent with the character of the tYOld Town"
area.
Sec. 35-243.2.5. Uses Permitted with a Minor Conditional Use Permit.
Family day care when the number of children cared for exceeds twelve (12).
Sec. 35-243.2.6. Lot Size~ensity
None, except that the maximum density for each lot containing only
residential uses shall be specified by a number on the applicable Santa Barbara County
Zoning Map and said number represents the number of dwelling units per gross acre
permitted on such lot, as follows:
District Dwelling Units Per Gross Land Area Per
~?~i~nation Gross Acre ll~li~lin Unit
0.1 0.1 435,600 (10 acres)
0.2 0.2 217,800 ( 5 acres)
0.33 0.33 130,680 ( 3 acres)
0.5 0.5 87,120 ( 2 acres)
1 1 43,560
1.5 1.5 29,040
1.8 1.8 24,200
2 2 21,780
2.5 2.5 17,424
3 3 14,520
3.3 3.3 13,200
3.5 3.5 12,445
4 4 10,890
4.6 4.6 9,469
5 5 8,712
6 6 7,260
7 7 6,228
8 8
5,445
9 9 4,840
10 10 4,356
12 12 3,630
12.3 12.3 3,541
14 14 3,111
16 16 2,722
20 20 2,178
25 25 1,742
30 30 1,452
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Sec. 35-243.2.7. Setbacks for Buildings and Structures.
1. Setbacks for buildings and structures containing only residential uses shall be as
provided in Sec. 35-243.4.8. (OT-Residential).
2. Setbacks for buildings and structures containing commercial or commercial and
residential uses shall be as follows:
Front: Ten (10) percent of the depth of the lot, not to exceed ten
(10) feet; at least twenty-five (25) feet when abutting Old Town Residential
(OT-R).
Side: None.
Rear: Ten (10) percent of the depth of said lot.
Sec. 35-243.2.8. Distance Required Between Buildings on the Same Building Site.
The minimum distance required between buildings on the same site shall be five (5)
feet. (Amended by Ord. 3793, O]/09/90)
Sec. 35-243.2.9. Building Coverage.
1. Lot coverage for buildings and structures containing only residential uses shall be as
provided in Sec. 35-222.10. (Design Residential).
2. Not more than fifty-five (55) percent of the gross area shall be occupied by buildings
and structures for lots with less than seventy-five (75) feet of frontage.
3. Not more than fifty (50) percent of the gross area shall be occupied by buildings and
structures for lots with seventy-five (75) feet or more of street frontage.
Sec. 35-243.2.10. Height Limit.
1. No building containing only residential uses shall exceed a height of twenty five (25)
feet.
2. No building or structure containing commercial or commercial and residential uses
shall exceed a height of thirty-five (35) feet.
Sec. 35-243.2.11. Parking.
1. Parking requirements for buildings and structures containing only residential uses shall
be as provided in DIVISION 6, PARKING REGULATIONS, and, in addition, for
multi-family residential development, as provided in Section 35-222.12. (Design
Residential).
2. Parking requirements for buildings and structures containing commercial uses shall be
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as provided in DIVISION 6, PARKING REGULATIONS.
3. Parking requirements for buildings containing both commercial and residential uses
shall be as applicable to each use.
Sec. 35-243.2.12. Noise.
The volume of sound generated by any use on the property shall not exceed sixty-five
(65) dBL dn at any point beyond the property boundary upon which such use is located.
Sec. 35-243.2. 13. Landscaping/Screening.
A Landscape Plan shall be submitted to and approved by the County Planning and
Development Department with all proposals for development, except a single-family
residence. All paring areas shall be landscaped as required under DIVISION 6, PARKING
REGULATIONS.
Sec. 35-243.3 OT-R/GC Old Town Residential/General Commercial.
Sec. 35-243.3.1. Purpose and Intent.
ly
The purpose of this District is to allow for residential and commercial uses, individual
or combined, especially in older urban areas where an "Old Town" atmosphere is to be
maintained, and to provide for local business and commercial needs and services for the
community while maintaining a residential quality in the area. The intent is to maintain a
mixture of residential and commercial uses, and to preserve the character and architectural
style of the neighborhood areas.
Sec. 35-243.3.2. Processing.
1. No permit for development, including grading, shall be issued except in conformance
with Sec. 35-314. (Land Use Permits).
2. Prior to the issuance of any Land Use Permit for buildings and structures which total
5,000 or more square feet in gross floor area or developments which total 10,000
square feet in size, a Final Development Plan shall be approved as provided in Sec.
35-317. (Development Plans).
3. Prior to the issuance of any Land Use Permit for buildings or structures, all plans for
new or altered buildings and structures shall be reviewed by the area Architectural
Review Committee as to conformance with established design criteria, and
subsequently shall be submitted for approval by the Board of Architectural Review as
set forth in Sec. 35-329. (Architectural Review).
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4. Prior to the issuance of any Land Use Permit for buildings or structures, all plans for
new or altered buildings and structures shall be reviewed by Road Division of the
Public Works Department for frontage improvement conditions. As a condition to the
issuance of a Land Use Permit for any building or structure, the owner or his agent
shall dedicate rights of way and engineer and construct street pavement, curbs, gutters,
and sidewalks on the street frontage of the property that are determined by the County
Department of Public Works, Road Division, to be reasonably related to the proposed
use of the property.
Sec. 35-243.3.3. Permitted Uses.
1. Barber shop or beauty parlor.
2. Shoe sales and/or repair store.
3. Clothing store.
4. Professional and commercial offices
5. Residential, as provided in Sec. 35-243.4. (Residential).
6. Any other light retail business use which the Planning Commission finds is of similar
character to those enumerated in this Section and is not more injurious to the health,
safety, or welfare or the neighborhood because of noise, odor, dust, vibration, traffic
congestion, danger to life and property, or other similar causes.
7. All uses permitted in Sec. 35-225. (C-2 Retail Commercial) except that amusement
enterprises shall not be permitted; however a maximum of four (4) video games may
be permitted as an incidental adjunct to another commercial use.
Areas designated only as OT-GC are permitted all of the above uses with the
exception of No. 5 (Residential).
Sec. 35-243.3.4. Uses Permitted with a Major Conditional Use Permit.
The following uses may be permitted provided the Planning Commission can make the
findings as set forth in Article III, Section 35-315.8. (Findings):
a. Clinic.
b. Nursing home or rest home subject to the provisions of Section 35-315.11.
c. Lbrary.
d. Church.
e. Club facilities.
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169 M~y 1994
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f. Educational facilities, including nursery schools.
g. Museum.
h. Uses, buildings, and structures and customarily incidental to the above uses.
i. Similar uses which the Planning Commission may determine to be of the
same nature as the above uses and consistent with the character of the zone.
Sec. 35-243.3.5. Uses Permitted with a Minor Conditional Use Permit.
1. Family day care when the number of children cared for does not exceed twelve (12).
Sec. 35-243.3.6. Lot Size/Density.
As provided in Sec. 35-243.2.6. (OT R/LC).
Sec. 35-243.3.7. Setbacks for Buildings and Structures.
1. Setbacks for buildings and structures containing only residential uses shall be as
provided in Sec. 35-243.4.8. (OT-Residential).
2. Setbacks for buildings and structures containing commercial or commercial and
residential uses shall be as follows:
Front: Ten (10) percent of the depth of the lot, not to exceed ten (10) feet. At least
twenty-five (25) feet when abutting Old Town Residential (OT-R).
Side: None.
Rear: Ten (10) percent of the depth of said lot.
Sec. 35-243.3.8. Distance Required Between Buildings on the Same Building Site.
The minimum distance required between buildings on the same site shall be five (5)
feet. (Amended by Ord. No. 3739, 01/09/90)
Sec. 35-243.3.9. Building Coverage.
1. Lot coverage for buildings and structures containing only residential uses shall be as
provided in Sec. 35-222.10. (Design Residential).
2. Not more than fifty-five (55) percent of the gross area shall be occupied by buildings
and structures for lots with less than seventy-five (75) feet of frontage.
3. Not more than fifty (50) percent of the gross area shall be occupied by buildings and
structures for lots with seventy-five (75) feet or more of street frontage.
Sec. 35-243.3.10. Height Limit.
1. No building containing only residential uses shall exceed a height of twenty five (25)
feet.
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2. No building or structure containing commercial or commercial and residential uses
shall exceed a height of thirty-five (35) feet.
Sec. 35-243.3.11. Parking.
1. Parking requirements for buildings and structures containing only residential uses shall
be as provided in DIVISION 6, PARKING REGULATIONS, and, in addition, for
multi-family residential development, as provided in Section 35-222. 12. (Design
residential).
2. Parking requirements for buildings and structures containing commercial uses shall be
as provided in DIVISION 6, PARKING REGULATIONS.
3. Parking requirements for buildings containing both commercial and residential uses
shall be as applicable to each use.
Sec. 35-243.3.12. Noise.
The volume of sound generated by any use on the property shall not exceed sixty-five
(65) dBL dn at any point beyond the property boundary upon which such use is located.
Sec. 35-243.3. 13. Landscapin~Screening.
A Landscape Plan shall be submitted to and approved by the County Planning and
Development Department with all proposals for development, except a single-family
residence. All parking areas shall be landscaped as required under DIVISION 6, PARKING
REGULATIONS.
Sec. 35-243.4. OT-R Old Town Residential.
Sec. 35-243.4.1. Purpose and Intent.
The purpose and intent of this district is to allow single aild multi-family residential
uses in areas of unique historic character and to establish guidelines for architectural
continuity in order to preserve the neighborhood characteristics of the area.
Sec. 35-243.4.2. Preliminary Development Plan to be Included in Application for
Rezoning.
Unless the Planning Commission expressly waives the requirement, an application for
a rezoning to this district shall include a Preliminary Development Plan. Upon approval by
the Board of Supervisors of the rezoning and Preliminary Development Plan, the Preliminary
Development Plan may be incorporated into the rezoning ordinance.
Sec. 35-243.4.3. Processing.
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171 May 1994
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1. No permits for single-family residential development, including grading, shall be issued
except in conformance with Sec. 35-314. (land Use Permits).
2. No permits for multi-family residential development, including grading, shall be issued
except in conformance with an approved Final Development Plan as provided in Sec.
35-317. (Development Plans), and with Sec. 35-314. (Land Use Permits). Modifications
may be granted by the Planning Commission or Board of Supervisors pursuant to Sec.
35-317.8. (Development Plans).
3. Prior to the issuance of any Land Use Permit for buildings or structures, all plans for
new or altered buildings and structures shall be reviewed by the area Architectural
Review Committee as to conformance with established design criteria, and
subsequently shall be submitted for approval by the Board of Architectural Review as
set forth in Sec. 35-329. (Architectural Review.)
4. Prior to the issuance of any Land Use Permit for buildings and structures, all plans for
new or altered buildings and structures shall be reviewed by the Road Division of the
Public Works Department for frontage improvement conditions. As a condition to the
issuance of a Land Use Permit for any such building or structure, the owner or his
agent shall dedicate rights of way and engineer and construct street pavement, curbs,
gutters, and sidewalks on the street frontage of the property that are determined by
the County Department of Public Works, Road Division to be reasonably related to
the proposed use of the property.
Sec. 35-243.4.4. Permitted Uses.
1. As provided in Sec. 35-222.4. (Design Residential) except that golf courses shall not
be a permitted use.
Sec. 35-243.4.5. Uses Permitted with a Major Conditional use Permit.
None.
Sec. 35-243.4.6. Uses Permitted with a Minor Conditional Use Permit.
1. Family day care in a residence, when the number of children cared for does not exceed
twelve (12).
Sec. 35-243.4.7. Lot Size/Density.
As provided in Sec. 35-243.2.6.
Sec. 35-243.4.8. Setbacks for Buildings and Structures.
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For the purposes of this section, where clustered residential development occurs, a
street shall be defined as a public or private right-of-way providing access to five (5) or more
dwelling units.
1. Front: Forty (40) feet from the centerline of the street and ten (10) feet from the
right-of-way line of any street.
2. Side: Ten (10) feet.
3. Rear: Ten (10) feet.
Sec. 35-243.4.9. Distance Required Between Buildings on the Same Building Site.
The minimum distance between buildings designed or used for human habitation and
any other building on the same building site shall be ten (10) feet.
Sec. 35-243.4.10. Lot Coverage.
A maximum of thirty (30) percent of the net area of the property may be covered by
buildings containing dwelling units.
Sec. 35-243.4.11. Height Limit.
No building shall exceed a height of twenty-five (25) feet.
Sec. 35-243.4.12. Parking.
Parking shall be provided as specified in DIVISION 6, PARKING REGULATIONS,
and in addition, for multi-family residential development, as provided in Sec. 35-222.12.
(Design Residential).
Sec. 35-243.4.13. Open Space and Landscaping.
As provided in Sec. 35-222.13. (Design Residential).
Sec. 35-243.4.14. Additional Requirements for Condominiums, Stock Cooperatives
or Community Apartments.
As provided in Sec. 35-222.14. (Design Residential).
Sec. 35-244. Reserved for a Future Zone.
Sec. 35-245. Reserved for a Future Zone.
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DIVISION 5.
OVERLAY DISTRICTS
Sec. 35-246. D Design Control Overlay District.
Sec. 35-246.1. Purpose and Intent.
The purpose of this district is to designate areas where, because of visual resources
and/or unique neighborhood charactehstics, plans for new or altered buildings or structures
are subject to Board of Architectural Review. The intent is to ensure well designed
developments and to protect scenic qualities, property values, and neighborhood character.
Sec. 35-246.2. Affect of D Overlay District.
Within the D Cverlay Disthct, all uses of land shall comply with the reg~ations of the
base zone district and any new or altered buildings or structures shall comply with the
additional regulations of the D Cverlay District.
Sec. 35-246.3. Processing.
Prior to the issuance of any Land Use Permit under Sec. 35-314., all plans for new or
altered buildings and structures shall be submitted for approval by the Board of
Architectural Review as set forth in Sec. 35-329. (Architectural Review).
Sec. 35-246.4. Exceptions.
No Board of Architectural Review approval is required for the following:
1. Interior alterations.
2. Decks.
3. Hot tubs or spas.
4. Fences six (6) feet or less in height.
5. Solar panels.
6. Ariy other exterior alterations determined to be minor by the Director.
Sec. 35-246.5. Setbacks, Height Limits, and Other District Requirements.
As provided in the base zone disthct, except that when the base zone permits
modifications of such requirements by the Director, Zoning Administrator, or Planning
Commission, the Board of Architectural Review may recommend such modifications of
setbacks, height limits, and other requirements to protect visual resources. (Amended by Ord.
4228, 6/18/96)
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m]F
Sec. 35-247. ~rortAroachOver1aDistrict (Amended by Ord. 356Z 03/17/86)
Sec. 35-247.1. Purpose and Intent.
The purpose of this overlay district is to regulate land uses within Airp&rt Clear and
Approach Zones consistent with the adopted Airport Land Use Plan for Santa Barbara
County, and to limit the height of structures and appurtenances (including vegetation) within
these areas. The intent is to protect the safety of people both in the air and on the ground,
to reduce and avoid noise and safety conflicts between airport operations and surrounding
land uses, and to preserve navigable airspace around the County's airports.
Sec. 35-247.2. Applicability of the F Overlay District Regulations.
The provisions of this F Overlay District apply within the Airport Clear and Approach
Zones, as such zones are described in Sec. 35-247.3 of these regulations. In addition, the
provisions of Sec. 35-247.5.2 apply within the Airport Land use Commission Planning
Boundaries, as such Boundaries are depicted on the maps of the Santa Barbara County
Airport Land Use Plan.
Within the areas subject to this overlay district, all uses of land shall comply with the
requirements of the applicable base zoning district, provided, however, that all development
shall comply with any additional requirements set forth in this overlay district. In cases
where the regulations of this overlay district conflict with the regulations of the base zoning
district, the more restrictive regulations shall take precedence.
On properties subject to the F Overlay District, any application for a development
permits which is determined by the County to be consistent with the provisions of this
overlay district shall not be subject to review by the Santa Barbara County Airport Land Use
Commission (ALUC). However, all applications determined by the County to be
inconsistent or potentially inconsistent with the provisions of this overlay district shall be
referred to the ALUC for a determination as to whether the application is consistent with
the provisions of the Airport Land Use Plan (ALUP) itself. No permits for projects
determined by the County to be inconsistent or potentially inconsistent with the provisions
of this overlay district shall be approved or recommended for approval until the ALUC has
reviewed the application and made its determination of the project's consistency with the
ALUP; however, the failure of the ALUC to render such determination within sixty (60)
days of the referral shall be construed as a finding that the proposed development is
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Li]
consistent with the ALUP. In the case of discretionary permits approved by the Planning
Commission and/or Board of Supervisors, as well as both discretionary and ministerial
permits heard by either body on appeal, the project may be approved by a majonty vote of
the total membership of the Commission and/or Board accompanied by findings, based upon
substantial evidence in the public record, that the proposed development is consistent with
the purpose and intent expressed in Public Utilities Code §21670.
In all instances where action is proposed to adopt or amend any portion of the
Comprehensive Plan and/or any specific plan, zoning ordinance, or building regulation,
where such action may apply to any property located within a Clear and/or Approach Zone,
the proposed action shall be referred to the ALUC for determination as to the consistency
of the proposed action with the adopted ALUP. Any finding by the ALUC that the
proposed action is not consistent with the ALUP, including recommended project
modifications and/or conditions deemed necessary by the ALUC to ensure consistency of a
project with the ALUP, may be overridden only by a two-thirds vote of the total membership
of the Board of Supervisors accompanied by findings, based upon substantial evidence in the
public record, that the proposed action is consistent with the purpose and intent expressed
in Public Utilities Code § 21670.
Sec. 35-247.3 Description of the Airport Clear and Approach Zones
Airport Clear Zones and Airport Approach Zones are subject to particular hazards
which necessitate special land use restrictions to promote the public safety and preserve
navigable airspace. The following subsections describe the Clear and Approach Zones, and
define the boundaries of these Zones for the various runways of Santa Barbara County's
airports.
1. Airport Clear Zones~ F (CLR)
Airport Clear Zones are located immediately adjacent to the ends of airport
runways. The Clear Zone dimensions applicable to each runway of the County's
airports are described in Sec. 35-247.3.3. The Clear Zones are depicted on the
County's Comprehensive Plan Land Use Element and zoning maps, and are designated
on the zoning. maps by the symbol F(CLR). Airport Clear Zones experience greater
noise and safety hazards than Airport Approach Zones, and therefore are subject to
more restrictive land use limitations Land use regulations within the Clear Zones are
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176 May 1994
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detailed in Sec. 35-247.4; height restrictions are described in Sec. 35-247.5, and
additional land use guidelines are contained in Sec. 35-247.6.
2. Airport Approach Zones~ F(APR)
Airport Approach Zones are extensions of the Airport Clear Zones. The
Approach Zone dimensions applicable to each runway of the County's airports are
described in Sec. 35-247.3.3. The Approach Zones are depicted on the
County's Comprehensive Plan Land Use Element and zoning maps, and are designated
on the zoning maps by the symbol F(APR). Airport Approach Zones are subject to
lesser noise and safety hazards than are Airport Clear Zones, and thus are subject to
less restrictive land use limitations. Land use regulations within the Approach Zones
are detailed in Sec. 35-247.4; height restrictions are described in Sec. 35-247.5, and
additional land use guidelines are contained in Sec. 35-247.6.
3. Ph sical Dimensions of the Air ort Clear and A roach Zones
For the purpose of these overlay district regulations, the Airport Clear and
Approach Zones for any given runway form a continuous horizontal plane surface
adjacent to the end of the runway. It must be noted that the ends of runways lie two
hundred feet within the ends of a "primary surface" as defined in Part 77.25(c) of the
Federal Aviation Regulations (FAR). This surface has the geometric form of an
isosceles trapezoid, extending outward from the runway end and bisected by an
extension of the runway centerline. The general form and specific dimensions of these
Zones for all runways of the County's airports are depicted in the following diagram
and table.
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177 May 1994
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VIVIG S]NOZ I{9V0JJV vzir' ioJiv
J- ~£1IJ
-I-
Pu XDIv\unJ Lj uoX NOZ HYOddY Jo U4X wnLUxW = ZIG N
*Au~ X~~un~ O\\ RuoX~CI ~NOZ ~ JO U~X~ LUnw!XDW [G
*pu~ XDA\unA ~HT WOJJ u!od 4~\\~DJ ! 4~ ~NOZ H~VO~ddV Jo \\~!Iv\ ~N\
.pu~ X~IAunJ ~\\ 0 4u~D!~~ ~NOZ ~V]1D J0 HP!A\ LAA
4
~Nfl H~IN~O AVA(\Nfl~ ~O NOISN~IX~
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PAGE 211 Show Image
Dimensions (in feet)
AIRPORT RUNWAY Wi W2 Dl D2
Santa Barbara 7 940 4,000 2,700 10,200
25 940 4,000 1,900 10,200
15-33 460 1,500 1,200 5,200
Santa Maria 12 940 4,000 2,700 10,200
30 940 4,000 1,900 10,200
2-20 460 1,500 1,200 5,200
Lompoc 7-25 460 1,500 1,200 5,200
Santa Ynez 8-26 460 1,500 1,200 5,200
It must be noted that the dimensions Wi, Dl, and D2 in the above table have been adjusted
to account for the fact that they are measured from the end of the runway rather than from
the end of the primary surface defined in FAR Part 77.25(c). These adjustments have been
made so that the CLEAR and APPROACH ZONE dimensions may be measured from
commo~y mapped and determinate physical features while being coterminous with the
CLEAR and APPROACH ZONES defined in the Airport Land Use Plan.
Sec. 35-247.4. Land Use Regulations within Airport Clear and Approach Zones
1. General Land Use Restrictions
Within both the Airport Clear and Airport Approach Zones, the following uses are not
permitted:
a. Any use which would direct steady or flashing lights at aircraft during initial climb
or final approach, other than an FAA approved navigational signal or visual
approach slope indicator (VASI);
b. Any use which would cause sunlight to be reflected toward an aircraft on initial
climb or final approach;
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179 May 1994
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C. Ay use which would generate smoke or attract large concentrations of birds, or
which may otherwise affect safe avigation within the area;
d. Any use which would generate electrical interference that may be detrimental to
the operation of aircraff, communications, or airport instrumentation.
In addition, height restrictions apply within both the Clear and Approach Zones, and
certain uses may require an assessment for possible airspace obstruction. Height restrictions
and airspace obstruction assessment requirements are contained in Sec. 35-247.5; these
restrictions and requirements complement, but do not supersede, the requirements of
Federal Aviation Regulations Part 77.
Additional land use regulations specific to either the Airport Clear Zones or Airport
Approach Zones are described in the following subsections.
2. Aj~p~rt Clear Zones
a. The following uses are not permitted within the Airport Clear Zones:
1. Residential development of any type;
11. Hazardous uses such as above-ground oil, gas, or chemical storage, except as
permitted under Sec. 35-247.6.2;
iii. Any use which may result in a long or short term concentration of people
greater than the ALUC's review threshold of twenty-five (25) persons per
gross acre, unless such use is found consistent with the Airport Land Use Plan
by the Santa Barbara County ALUC or is approved by the Board of
Supervisors upon a two-thirds vote of its total membership with specific
findings, based upon substantial evidence in the public record, that the
proposed development is consistent with the purpose an intent expressed in
Public Utilities Code § 21670.
b. The following are examples of uses permitted within the Airport Clear Zones,
subject to the general exclusions contained in Sec. 35-247.4.1:
1. Aeronautical facilities (e.g., instrument landing navigation aids and
equipment buildings, visual navigation aids, weather data instruments, fencing
and access roadways to protect and serve aeronautical installations, and
airport entrance roadways);
11. Open space;
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180 M~y 1994
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LIF
111. Agriculture and agricultural storage;
lv. Hay, grain, and feed wholesale yards;
V. Wholesale nurseries;
VI. Truck, bus, and construction equipment storage yards;
vii. Recreational vehicle and boat storage yards;
viii. Recreational materials storage and wholesale yards;
lx. Building contractors' yards;
x. Parking lots, including those which may serve areas or uses not within airport
clear zones,
xi. Automobile wrecking yards;
xli. Automobile sales display areas
xlii. Mini-storage warehouses;
xlv. Ahy other use which the ALUC finds consistent with the Santa Barbara
County Airport Land Use Plan or which is approved by the Board of
Supervisors upon a two-thirds vote of its total membership with specific
findings, based upon substantial evidence in the public record, that the
proposed development is consistent with the purpose and intent expressed
in Public Utilities Code § 21670.
3. ~rtA roach Zones
The following uses generally are not permitted within one mile of the runway end in
the Airport Approach Zones, unless found consistent with the ALUP by the ALUC or
approved by the Board of Supervisors upon a two-thirds vote of its total membership with
specific findings, based upon substantial evidence in the public record, that the proposed
development is consistent with the purpose and intent expressed in Public Utilities Code §
21670:
a. Residential development, except for reconstruction, alterations, construction of
new single-family homes on existing legal lots and single-family residential land
divisions representing a density less than or equal to four units per gross acre
b. Nonresidential development which would result in large concentrations
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181 May 1994
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of people (over the ALUC's review threshold of twenty-five (25) persons per gross
acre), including but not limited to schools, office buildings, shopping centers,
hospitals, and stadiums.
Sec. 35-247.5. Height Restrictions.
1. Airport Clear and Approach Zones
Within both the Airport Clear Zones and the Airport approach Zones, the highest
p9int of any structure or improvement (including vegetation) above the elevation of the
respective runway end shall not exceed one vertical foot per the following number of feet
of horizontal distance between the structure or improvement and the runway end:
Airport i~iiLLywa Horizontal Distance Factor (feet)
Santa Barbara 7 50
25 34
15-33 20
Santa Maria 12 50
30 34
20
2-20
Lompoc 25 34
7 20
Santa Ynez 8-26 20
However, this Section shall not prevent the erection or maintenance of a structure or
improvement not exceeding fifteen (15) feet in height above the elevation of the runway end.
2. Air ort Land Use Commission ALUC Plannin Bounda
Within the ALUC Planning Boundary shown on the maps of the adopted ALUP, which
includes but extends beyond the Clear and Approach Zones, all applications for proposed
structures or improvements (including vegetation) exceeding a certain height shall be
referred to the ALUC for review and possible subsequent
referral to the Federal Aviation Administration (FAA) and the affected airport operator for
an assessment of potential airspace obstruction. This referral shall be made for all proposed
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structures or improvements (including vegetation) having a maxirnuin height above site grade
exceeding the lesser of:
a. One (1) vertical foot for each one hundred (100) horizontal feet from the nearest
point of the nearest airport runway or helispot, or
b. forty-five (45) feet.
The purpose of this notification process is to provide a simplified manner for
identifying most potential airspace obstructions beyond the boundaries of the Airport Clear
and Approach Zones. As such, this process is intended to complement, but not to
supersede, related notification requirements specified in the Federal Aviation Regulations
(FAR) Part 77. Therefore, this process in no way relieves the applicant of any responsibility
for direct notification of the FAA Administrator under FAR Part 77. This procedure is not
intended to affect the timing of normal County processing of the development permit
application.
Sec. 35-247.6. Additional Land Use Guidelines.
1. New residential uses, and the conversion of existing structures to residential
condominiums, commu nity apartments, stock cooperatives, limited equity cooperatives,
dormitories, or other residential uses, on property subject to these F Overlay District
Regulations, shall be approved only with conditions such that:
a. All unit(s) and associated structures and areas exposed to airport noise levels of
65 dB LDN (or CNEL) or greater shall be subject to an avigation/noise easement
or easements, which shall be of a form and
content approved by the County in consultation with th~ affected airport operator;
b. Any prospective buyer, lessee, or renter shall be notified in writing, prior to
entering any sale, lease, or rent contract, if any exterior living areas associated
with the unit(s) for sale, lease, or rent are exposed to airport noise levels of 65 dB
LDN (or CNEL) or greater;
c. The State Department of Real Estate's Public Report (for any subdivision,
condominium project, etc.) shall disclose whether any units are within a 65 + dB
LDN (or CNEL) airport noise exposure area, and shall refer to any
avigation/noise easement(s) affecting the unit(s).
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183 May 1994
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2. Any use located within any Clear Zone which involves the storage of more than ten
( 10) gallons of flammable liquids or hazardous materials shall, prior to the issuance of a
Land Use Permit, be reviewed by the Fire Department(s) providing inspection and/or
emergency response service to the site. No Land Use Permit(s) shall be issued unless and
until the potential hazards associated with the storage of such materials are mitigated to the
reasonable satisfaction of said Fire Department(s).
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Sec. 35-248. ~tiuatedSubdivisionOver1aDistrict (Amended by Ord No. 3720, 08/08/88)
Sec. 35-248.1. Purpose and Intent.
The purpose and intent of this overlay district is to recognize that in certain instances
subdivision maps have been recorded in the County, and that the lots on such subdivision
maps are not consistent with current standards for parcel size according to the adopted
zoning and general plan designations. By adoption of an overlay designation for such
subdivisions, the parcels will be required to be recombined to the maximum extent possible
to comply with current density standards. However, this designation shall not be applied to
deprive property owners of all reasonable use of their property if a lot or lots with combined
area insufficient to meet minimum lot size requirements were held in separate ownership
prior to the date of a Board of Supervisors resolution initiating a rezoning to the AS
Antiquated Subdivision Overlay District.
Sec. 35-248.2. Effect of AS Gverlay District.
Within the AS overlay district, land use permits pursuant to Section 35-3 14 shall not
be issued for a dwelling unit unless the parcel or parcels conform to the minimum area
requirements of Sec. 35-277.5.
Sec. 35-248.3. Processing.
Prior to the issuance of a land use permit for a dwelling unit pursuant to Sec. 35-314,
parcels within an AS Antiquated Subdivision overlay district shall be required to be
combined in order to comply to the maximum extent possible with current density standards
by recordation of a reversion to acreage, voluntary merger, final parcel map or final tract
map.
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Sec. 35-249. ~rdousWasteManaementFaci1i. (Added by OTd. 4051, 5/19/92)
Sec. 35-249.1. Purpose and Intent.
The purpose of this overlay district is to provide a mechanism for the siting of offsite
hazardous waste management facilities and to ensure that such facilities are sited consistent
with both the requirements of the Comprehensive Plan's Hazardous Waste Element and the
base zoning district over which the HWMF Cverlay District is applied.
Sec. 35-249.2. Effect of the HWMF Cverlay District.
Projects sited on land for which a rezone to HWMF has been initiated must meet all
of the siting criteria set forth in the County's Hazardous Waste Element. Within the HWMF
Overlay District, all uses of land shall comply with the requirements of the applicable base
zoning district, provided however, that all development shall comply with any additional
requirements set forth in the HWMF Overlay District. In cases where the regulations of the
HWMF Overlay District conflict with the regulations of the base zoning district, the
regulations more protective of the public health and the environment shall take precedence.
Sec. 35-249.3. Preliminary Development Plan to be included in Application for Rezoning.
Unless the Planning Commission expressly waives the requirement, an application for
a rezone to the HWMF Overlay District shall include a Preliminary Development Plan as
part of the application. Upon approval by the Board of Supervisors of the rezone and the
Preliminary Development Plan, the Preliminary Development Plan may be incorporated into
the rezoning ordinance.
Sec. 35-249.4. Processing.
No permits for development, including grading, shall be issued except in conformance
with an approved Final Development Plan, as provided in Sec. 35-317 (Development Plans),
and with Sec. 35-314 (Land Use Permits).
Sec. 35-249.5. Permitted Uses.
1. Transfer station.
2. Storage facilities.
3. Treatment facilities.
4. Recycling facilities.
5. Residuals repositories.
Sec. 35-249.6. Application Requirements.
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186 May 1994
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m'HWMF
Prior to the filing of an application for a rezone to the HWMF Overlay District and/or
a Development Plan for a HWMF, a pre-application conference shall be held.
In addition to the application requirements for a rezone and Development Plan,
applications for uses within the HWMF Overlay District shall include:
1. A discussion of the consistency of the proposed project with the siting criteria for
offsite hazardous waste facilities set forth in the Hazardous Waste Element.
2. An evaluation of alternative sites for the project.
3. Maps showing the area within a half-mile radius of the project site which indicate:
a) all dwelling units and other sensitive land uses such as schools, hospitals, libraries,
parks, etc;
b) other buildings and structures;
c) environmentally sensitive areas;
d) location of major highways and access routes;
e) available emergency services; and
f) all significant topographic features.
4. Maps showing the area within a quarter-mile radius of the project site which indicate:
a) all sanitary sewer systems
b) all storm drains; and
c) the prevailing wind direction.
5. Information on the types, and maximum and average expected quantities of wastes
proposed to be stored, treated, or disposed of by the facility, and the physical and
chemical characteristics of those wastes.
6. A Risk Assessment including risk identification and mitigation that addresses each of
the elements identified in Implementation Program 3-B of the Hazardous Waste
Element.
7. A preliminary Risk Management Prevention Plan (RMPP) if a RMPP is required by
Chapter 1183, Section 65850.2 of the Government Code.
8. A preliminary emergency response plan that addresses the potential actions to be
taken in the event of a release or a threatened release of a hazardous waste.
9. Measures or plans to ensure site security.
10. Depth to groundwater analysis.
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187 May 1994
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11. Data needed to evaluate need for the hazardous waste management facility as
identified by Policy 2-1 of the Hazardous Waste Element, including but not limited to
data from the state manifest records, data from Environmental Health Services, other
current data, and any intergovernmental agreements into which the County has
entered.
12. Any other information that the Planning and Development Department deems
necessary to evaluate and process the application.
Sec. 35-249.7. Findings Required for Approval of a Rezone and Development Plan.
In addition to the findings required for approval of Rezones and Development Plans,
no Rezone to the HWMF Overlay District and/or Development Plan for a hazardous waste
management facility shall be approved unless the County also makes the following findings:
1. There is a need for the offsite treatment, storage, or disposal hazardous waste
management facility as determined pursuant to Policy 2-1 of the Hazardous Waste
Element.
2. The rezone and/or proposed facility is consistent with the siting criteria for offsite
hazardous waste management facilities set forth in the Hazardous Waste Element and
the development standards set forth in Section 249.8 below.
3. A risk assessment has been prepared for the rezone and/or Development Plan which
adequately evaluates the risks to human health and safety and the environment under
both routine operations and upset conditions.
4. The risks to human health and the environment have been minimized to the maximum
extent feasible and the remaining risks are considered acceptable.
5. The project will not create a financial burden for the County.
6. The proposed facility operator has demonstrated financial responsibility for the
operation, monitoring, closure and post-closure of the facility.
Sec. 35-249.8. Development Standards.
1. A buffer adequate to protect the public health and environmentally sensitive areas
shall be established. The size and location of the buffer shall be based on a thorough
assessment of risk to human health and the environment.
2. All hazardous waste facilities must be designed and constructed to be able to contain
spills, leaks, and other accidental releases of waste. Containment shall provide
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188 May 1994
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m]HWMF
protection to air quality and surface and groundwater resources, and shall be based on
a site characterization and geologic report.
3. Treatment, recycling, transfer and storage facilities should be sited in Urban Areas
unless they are needed in a Rural Area or the Planning Commission finds that the
facility or facilities cannot be located in an Urban Area. Residuals Repositories shall
not be sited in Urban Areas.
4. In Urban Areas, all facilities must use public services.
5. In rural areas where public services are not available, private services for all facilities
must be designed adequately for capacity and environmental protection.
6. Hazardous waste management facilities shall include measures for adequate site
security.
7. Hazardous waste management facilities shall be visually compatible with existing and
anticipated surrounding land uses.
8. No noxious odors associated with a hazardous waste facility shall be detectable at the
property boundary.
9. The level of noise generated by the facility at the property boundary shall not exceed
65 db(A).
10. A monitoring system to measure offsite impacts including but not limited to noise,
odors, vibration and air and water quality degradation shall be in operation throughout
the construction, operation, closure and post-closure of the facility.
1 1 . Al] outside lighting shall be shielded and no unobstructed beam of light shall shine off
the premises. In addition, no lighting shall draw attention to the facility, and shall be
an overall level and type compatible with surrounding uses.
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Sec. 35-250. MIX-GOL Mixed Use-Goleta. (Added by Ord. 4111, 7/20/93)
Sec. 35-250.1. Purpose and Intent.
This Overlay District is available only within the Goleta Planning Area as identified in
the "Goleta Planning Area Land Use map". On property subject to this overlay district,
secondary residential units shall be a Permitted use and shall not require a Conditional Use
Permit. The purpose of this overlay district is to remove the additional cost and time
associated with securing a Conditional Use Permit in commercial areas where secondary
residential uses are beneficial and appropriate. The intent is to encourage secondary
residential development in commercial areas close to shopping and transportation.
Sec. 35-250.2. Effect of MIX-GOL Overlay District.
Within the MIX Overlay District, all uses of land shall comply with the regulations of
the base zone district, with the exception that secondary residential units shall not require
a Conditional Use Permit.
Sec. 35-250.3. Processing.
Processing of permits for development shall be in compliance with the regulations of the
base zone district. In addition to the regulations of the base zone district, no land use
permit shall be issued for a secondary residential use until Environmental Health and Safety
has reviewed the materials used/stored on the site and has determined that they would not
pose a hazard to residential uses. In addition, if a commercial use on a parcel which
contains a secondary residential use is changed, Environmental Health and Safety must
review the new use to ensure that it is compatible with the residence(s) on the parcel.
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Sec. 35-250A. ~rdab1eHousin. (Added by Ord. 4111, 7/2O/93;Amended by Ord. 4128, 11/16/93)
Sec. 35-250A.1 Purpose.
The purpose of this overlay is to promote the development and provision of affordable
housing within the community, thereby implementing the policies of the County's Housing
Element of the Comprehensive Plan and the goals of the Regional Housing Needs Plan.
Standards of development and performance shall be designed to provide incentives to
developers to construct affordable housing while retaining good design and architectural
compatibility with adjacent land uses. The intent of this Overlay District is to provide
substantial incentives to encourage the provision of either 30% or more of all new units
available to very low income households or 50% or more of all new units constructed
available to a mix of affordable income range consistent with the allocation provided in the
Housing Element Implementation Guidelines. (Amended by Ord. 4128, 11/16/93)
Sec. 35-250A.2. Application of AH Overlay District.
The AH Overlay District may be applied in conjunction with the preparation of a
Community Plan, or as a County initiated amendment to the Comprehensive Plan, and shall
indicate the maximum number of units designated by the overlay. (Amended by Ord. 4128,
11/16/93)
Sec. 35-250A.3. Effect of AH Overlay District.
Within the AH Overlay District, residential development projects are eligible for
increased densities, up to the maximum number of units designated by the overlay, provided
that either 30% or more of all new units are available to very low income households, or
50% or more of all new units are available to a mix of affordable income households,
consistent with the allocation provided in the Housing Element Implementation Guidelines.
Such increased density projects are referred to herein as AH Overlay projects. (Amended by
Ord. 4128, 11/16/93)
Sec. 35-250A.4. Processing.
a. No permits for development of an AH project, including grading, shall be issued except
in conformance with an approved Final Development Plan, as provided in Sec. 35-317
(Development Plans), and with Sec. 35-314 (Land Use Permits). (Amended by Ord. 4128,
11/16/93)
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191 May 1994
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mA-H
b. In order to ensure that all A-H Overlay projects receive timely and preferential
processing, qualif~ng A-H Overlay projects shall be subject to the fast track permit
process and other development incentives as outlined in the Housing Element
Implementation Guidelines.
Sec. 35-250.A.5. Uses Permitted.
1. All uses permitted in the base zone district.
2. The following uses may be permitted, in addition to the uses of the base zone district,
pursuant to Development Plan approval: Single-family dwellings, duplexes,
apartments, condominiums, townhouses, cluster housing, planned unit developments,
small lot planned developments and stock cooperatives, containing a minimum of
either 30% or 50% affordable housing units developed and intended to be purchased
or rented subject to the County's Affordable Housing Program criteria and formulas
established for very low, low, lower moderate and upper moderate income household
categories; (Amended by Ord. 4128, 11/16/93)
3. Accessory uses and structures incidental to permitted uses.
Sec. 35-250A.6. Additional Requirements
The following requirements shall also apply to an A-H Overlay project: (Amended by Ord. 4128,
11/16/93)
1. Within areas subject to the A-H Overlay district all uses of land shall comply with the
regulations of tbe base zone district. In cases where conflict occurs between the base
zone district standards and the provisions of the A-H Overlay District, the provisions
of the Overlay District shall apply. (Amended by Ord. 4128, 11/16/93)
2. For any units built above the base density pursuant to the provisions of the A-H
Overlay, either the 30% or the 50% affordability requirements shall apply to the total
number of units proposed on the site. (Amended by Ord. 4128, 11/16/93)
3. All A-H Overlay projects shall record an affordable housing agreement and resale and
rental restrictive covenant, or such other document approved as to form by the County
Counsel, which outlines the sales and/or rental prices for the various types of units to
be established, provisions for the sale, resale, renting and restrictions that will be
applicable to the project and which ensure the continued availability of units for
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192 M~y 1994
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purchase or occupancy by household of very low, low, lower-moderate and upper
moderate incomes for a minimum of 30 years. (;4mended by Ord. 4128, 11/16/93)
4. The 50% affordable housing component of an AH project shall provide very low, low,
lower-moderate and upper-moderate income units according to the proportional
allocations for each Housing Market Area as indicated in the Housing Element
Implementation Guidelines and consistent with affordable housing definitions within
said Guidelines. (Amended by Ord. 4128, 11/16/93)
Sec. 35-250A.7. Additional Modifications to Development Standards.
1. Infrastructure facilities, improvements, and/or development or zoning standards
normally required for residential development other than those in Sec. 35-250A.6.
above, may be modified by the Planning Commission if deemed necessary to ensure
affordability of dwelling units or to provide additional incentives. Examples of the
modified facility requirements could include the waiver or phasing of any required off-
site improvements. (Amended by Ord. 4128, 11/16/93)
2. If deemed appropriate by the Board of Supervisors, any or all fees normally imposed
by the County on development projects may be waived, reduced, or deferred. In such
cases, reduced fees shall be based upon the project proponent supplying the Board of
Supervisors with evidence and assurances that savings realized from such reductions
will be passed on to the future residents by way of reduced rent or purchase price for
units. (Amended by OTd. 4128, 11/16/93)
Sec. 35-250A.8. Density Modifications.
Projects proposed within the AH Cverlay District shall be entitled to a density
adjustment to the base zone district authorizing an increase in the maximum allowable
density to that of the AH designation. Any density increase granted for an AH Gverlay
project which exceeds the base zone district density shall be inclusive of bonus densities
authorized by state law (e.g., density increase must be at least 25% over base density
[ Government Code §65915-65918 or successor statutes(s)). The maximum density for a
parcel within the AH Cverlay District shall be indicated in the Comprehensive Plan.
(Amended by Ord. 4128, 11/16/93)
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Sec. 35-250A.9. Pre-application Procedure.
Prior to submitting an application for an AH Overlay project, the applicant should
obtain pre-application and other preliminary consultations with the Planning and
Development Department and other officials in order to obtain information and guidance
before entering into binding commitments and incurring substantial expense in the
preparation of plans, surveys and other data. Such preliminary consultations shall relate to
a specific development proposal that outlines the concept and characteristics of the project.
If the developer chooses not to participate in the pre-application process, the project
may not qualify for a fast track permit process. (;4mended by Ord. 4128, 11/16/93)
Sec. 35-250A.1O. Approval of Development Plans.
The Development Plan and accompanying maps, contracts and other documentation
submitted with the application for an AH Overlay project shall be reviewed in accordance
with the provisions of Section 35-317, Development Plans, of this Article and shall be subject
to such conditions and requirements as are deemed appropriate and necessary to ensure
compliance with the purposes of the County's affordable housing program, the Housing
Element and applicable Elements of the Comprehensive Plan. (Amended by Ord. 4128, 11/16/93)
Sec. 35-250A.11. Required Findings for Rezones to AH Overlay.
In addition to the findings under Division 10, Section 35-317 (Development Plans),
prior to approval of an AH Overlay project, the decision-maker shall make all of the
following findings:
a. The site is located within the Urban Boundary Line depicted on the applicable
Comprehensive Plan Land Use Map(s);
b. The site has a residential land use designation or would be appropriate for residential
use if a Comprehensive Plan Land Use amendment is being concurrently processed
( e.g. underutilized commercial land surrounded by residential land or other compatible
land use);
c. The site has a base zone district which allows residential use and requires a
Development Plan for such use. This may also be achieved through a rezone.
d. The site is served by a municipal sanitary district;
e. The site is of adequate size and shape to allow the reasonable development of housing;
f. The site is located near major travel corridors or services
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194 M~y 1994
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g. The site is located within reasonable walking distance to transit lines, employment
centers, schools, and commercial areas
h. That residential development can be sited to avoid major environmental hazards
and/or constraints (e.g., steep slopes and other geologic hazards, archaeological
resources, streams and creeks, sensitive habitat areas, and airport noise and safety
zones).
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Sec. 35-250B. ESH-GOL Environmentally Sensitive Habitat Area-Goleta. (Added by Ord. 4111,
7/20/93)
Sec. 35-250B.1. Purpose and Intent.
The purpose of this overlay district is to protect and preserve specified areas in which
plant species, animal species, and/or their habitats are rare or have special value because
of their role in the ecosystem, and which could be easily disturbed or degraded by human
activities and developments. The intent of this overlay district is to ensure that any and all
development permitted in such areas is designed and carried out in a manner that will
provide maximum protection to sensitive habitat areas.
Sec. 35-250B.2. Applicability.
The provisions of this overlay district shall apply to any areas zoned ESH-GOL on the
applicable Santa Barbara County Zoning Map. (If any particular lot or lots within a
delineated ESH-GOL area are determined by the County not to contain the pertinent
species or habitat, the regulations of this overlay district shall not apply.)
Sec. 35-250B.3. Effect of ESH-GOL Overlay District.
Within the ESH-GOL Overlay District, all uses of land or water shall comply with the
regulations of the base zone district. In addition, such uses must comply with the additional
regulations of the ESH-GOL Overlay District before the issuance of a land use permit under
Sec. 35-314. See Sec. 35-203, "Overlay District Designations and Applicability" concerning
conflict between provisions of ESH-GOL and base zone district.
Sec. 35-250B.4. Processing.
1. In addition to the application requirement of the base zone district, application for a
land use permit for any development in the ESH-GOL Overlay District shall include:
a. A brief description of the flora and fauna which occupy the site or are
occasionally found thereon, and a brief description of their habitats which may be
found on the site.
b. A delineation of all streams, rivers, water bodies, and wetlands located on the site.
c. A clear delineation of all areas which shall be graded, paved, surfaced, or covered
with structures, including a description of the surfacing material to be used,
accompanied by a series of photographs clearly showing all areas to be subject to
disturbance. For areas of one acre or larger in size which potentially contain
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ESH
ESH-GOL habitats and which are proposed for disturbance, P&D may require
a 1 inch to 100 foot scale color recent aerial pbotograph to assist in determining
the extent of project impacts within the boundaries of the parcel. The proposed
area of site disturbance and any visible landmarks (e.g. roads and creeks) shall be
clearly labelled on the aerial photograph.
d. Any other information pertinent to the particular development which may be
necessary for review of the project as requested by the Planning and Development
Department (P&D).
2. For development proposed within areas zoned with the ESH-GOL Overlay, in addition
to the applicable requirements of the base zone district and Division 10 of this Article,
a land use permit shall be required for the following:
a. The removal of vegetation over an area greater than 5,000 square feet
b. The removal of a significant amount of vegetation along 50 lineal feet of
creekbank.
c. The removal of vegetation that, when added to the previous removal of vegetation
within the affected habitat on a parcel, would total an area greater than 5,000
square feet or longer than 50 lineal feet of vegetation along a creekbank.
d. Grading in excess of 50 cubic yards of cut or fill.
e. The removal of any native trees greater than 6 inches in diameter measured 4 feet
above existing grade or more than 6 feet in height or non native trees which are
used as a habitat by the Monarch Butterflies for roosting or by nesting raptors,
unless P&D makes one of the following findings:
1. The trees are dead and are not of significant habitat value,
2. The trees prevent the construction of a project for which a land use permit
has been issued consistent with the provisions of this ESH-GOL overlay and
project redesign is not feasible.
3. The trees are diseased and pose a danger to healthy trees in the immediate
vicinity. The Planning and Development Department may require evidence
of such to be presented by a qualified individual such as an arbdrist or a
licensed tree surgeon.
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4. The trees are so weakened by age, disease, storm, fire, excavation, removal
of adjacent trees, or any injury so as to cause imminent danger to persons or
property.
3. Where a significant amount of vegetation is proposed to be removed within an area
zoned with the ESH-GOL overlay which exceeds 1 acre in size or 500 linear feet of
creekbank, or where grading would exceed 1500 cubic yards of cut and fill, a minor
conditional use permit shall be required.
4. If, upon receipt of an application for development within the ESH-GOL Overlay
district, P&D determines that the proposed development is not located in the ESH-
GOL area, the provisions of this overlay shall not apply. If P&D determines that the
proposed development is located in the ESH-GOL area, a site inspection shall be
required, if the County determines it necessary, by a qualified biologist to be selected
jointly by the County and the applicant. Upon completion of the site inspection, and
if determined to be necessary, conditions shall be applied to the permit that will
protect the environmentally sensitive habitat area to the maximum extent feasible,
consistent with the biologic habitats, goals, objectives, policies, development standards,
and actions of the Goleta Community Plan.
Sec 35-250B.5. Findings.
Prior to issuance of any permits for development within the ESH-GOL Overlay
District, in addition to the findings set forth in the applicable section of Division 10, a finding
shall be made that the proposed development is consistent with all applicable biologic goals,
objectives, policies, actions and development standards from the Goleta Community Plan.
Sec 35-250B.6. Conditions.
A permit may be issued subject to compliance with conditions set forth in the permit
which are necessary to ensure consistency with habitat protection provisions of the Goleta
Community Plan. Such conditions may, among other things, limit the size, kind, or character
of the proposed work, require replacement of vegetation, establish required monitoring
procedures and maintenance activity, stage the work over time, or require the alteration of
the design of the development to ensure protection of the habitat. The conditions may also
include deed restrictions and easements for resource protection. Regulations of the base
zone district specif~ng building height limit, distance between buildings, setback, yard,
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198 May 1994
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ESH
parking, building coverage and landscaping or screening requirements may be altered on
furtherance of the purpose of this overlay district by express condition in the permit.
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199 M~y 1994
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Sec. 35-250C. ~OLRiarianCorridor-Go1eta. (Added by Ord. 4111, 7/20/93)
See. 35-250C.1. Purpose and Intent.
The purpose of this overlay district is to protect mapped riparian corridors within rural
areas designated Agriculture because they could be easily disturbed or degraded by human
activities and developments. This overlay recognizes the differing goals and policies of the
County's Comprehensive Plan, by protecting riparian corridors with standards and
requirements that are compatible with reasonable agricultural uses of a property. The intent
of this overlay district is to protect and preserve specific mapped riparian corridors in order
to maintain a continuous canopy of trees along each corridor and protect the overall
ecological integflty of each mapped stream system.
Sec. 35-250C.2. Applicability.
The provisions of this overlay district shall apply to riparian corridors within Rural
Areas designated Agriculture. These areas shall be zoned RC-GOL on the applicable Santa
Barbara County Zoning Map. (If any particular lot or lots within a delineated RC-GOL
area are determined by the County not to contain the pertinent species or habitat, the
regulations of this overlay district shall not apply.)
Sec. 35-250C.3. Effect of RC-GOL Overlay District.
Within the RC-GOL Overlay District, all uses of land shall comply with the regulations
of the base zone district. In addition, such uses must comply with the additional regulations
of the RC-GOL Overlay District before the issuance of a land use permit under Sec. 35-314.
See Sec. 35-203, ttOverlay District Designations and Applicabilitytt concerning conflict
between provisions of RC-GOL and base zone district.
Sec. 35-250C.4. Processing.
1. In addition to the application requirements of the base zone district, application for
a land use permit for any grading or the removal of vegetation in the RC-GOL
Overlay District shall include:
a. A brief description of the flora and fauna which are known to occur in the
corridor or are occasionally found thereon, and a brief description of their
habitats which may be found on the site
b. A delineatiori of all streams, rivers, water bodies, and wetlands located on the site.
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RC-
C. A clear delineation of all areas which shall be graded, accompanied by a series
of photographs clearly showing all areas to be subject to disturbance. For areas
of one acre or larger in size which potentially contain RC-GOL habitats and
which are proposed for disturbance, P&D may require a 1 inch to 100 foot scale
color recent aerial photograph to assist in determining the extent of grading
impacts within the boundaries of the riparian corridor. The proposed area of site
disturbance and any visible landmarks (e.g. roads and creeks) shall be clearly
labeled on the aerial photograph.
d. Any other information pertinent to the particular development which may be
necessary for review of the project as requested by the Planning and Development
Department (P&D).
2. For grading or the removal of vegetation proposed within areas mapped with the RC-
GOL overlay, in addition to the applicable requirements of the base zone district and
Division 10 of this Article, a land use permit shall be required for the following:
a. The removal of vegetation over an area greater than 20,000 square feet.
b. The removal of a significant amount of vegetation along 100 linear feet of
creekbank.
c. The removal of vegetation that when added to the previous removal of vegetation
within the affected habitat on a parcel would total greater than one acre in size
or longer than 200 linear feet of creekbank.
d. Grading in excess of 150 cubic yards.
3. Where a significant amount of vegetation is proposed to be removed within an area
zoned with the RC-GOL overlay which exceeds 1 acre in size or 500 linear feet of
creekbank, or where grading would exceed 1500 cubic yards of cut and fill, a minor
conditional use permit shall be required.
4. If, upon receipt of an application for grading or the removal of vegetation within the
RC-GOL overlay district, P&D determines that the proposed grading or removal of
vegetation is not located in the riparian corridor, the provisions of this overlay shall not
apply.
If P&D determines that the proposed grading or removal of vegetation is located
in the RC-GOL area, a site inspection shall be required, if the County determines it
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201 May 1994
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necessary, by a qualified biologist to be selected jointly by the County and the
applicant. Upon completion of the site inspection, and if determined to be necessary,
conditions shall be applied to the permit that will protect the RC-GOL area to the
maximum extent feasible, consistent with the biologic habitats goals, objectives, policies,
development standards, and actions of the Goleta Community Plan.
Sec. 35-250C.5. Findings.
Prior to issuance of a permits for development within the RC-GOL Overlay District,
in addition to the findings set forth in the applicable section of Division 10 a finding shall
be made that the proposed development is consistent with all applicable biologic goals,
objectives, policies, actions and development standards from the Goleta Community Plan.
Sec. 35-250C.6. Conditions.
A permit may be issued subject to compliance with conditions set forth in the permit
which are necessary to achieve policy consistency. Such conditions may, among other things,
limit the size, kind, or character of the proposed work, require replacement of vegetation,
establish required monitoring procedures and maintenance activity, or stage the work over
time to ensure protection of the habitat. The conditions may also include deed restrictions
and easements for resource protection. Regulations of the base zone district specifying
building height limit, distance between buildings, setback, yard, parking, building coverage
and landscaping or screening requirements may be altered on furtherance of the purpose
of this overlay district by express condition in the permit.
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LifiFA
See. 35-250D. FA Flood Hazard Area Overlay District. (Added by Ord. 4145, 2/8/94)
Sec. 35-250D.1. Purpose and Intent.
The purpose of this overlay district is to promote the public health, safety and welfare,
and to alert property owners that the Flood Plain Management Ordinance applies to their
property. The intent of this district is to avoid exposing new development to flood hazard.
This overlay district serves as a mechanism whereby members of the public and staff can
easily identify areas of special flood hazard which are subject to Chapter 15A, Floodplain
Management, of the County Code.
Sec. 35-250D.2. Applicability and Flood Hazard Overlay Map.
The FA Flood Hazard Overlay District shall apply to special flood hazard areas as
defined in Chapter 15A, Floodplain Management, of the County Code. The Flood Hazard
Overlay Map shall reflect the boundaries of special flood hazard areas as shown on the
current Federal Emergency Management Agency (FEMA) maps on file with the County
Flood Control and Water Conservation District.
Sec. 35-250D.3. Effect of the FA Overlay District.
Within the FA Flood Hazard Overlay District, all uses of land shall comply with the
regulations of the base zone district, and any `development" as defined in Chapter 15A,
Floodplain Management, of the County Code shall comply with the additional regulations
set forth in said Chapter.
Sec. 35-250D.4. Processing.
Prior to the issuance of any land use permit by the Planning and Development
Department, all development subject to this overlay district shall be referred to the County
Flood Control and Water Conservation District for a determination as to whether or not the
development is subject to the provisions of Chapter 15A, Floodplain Management, of the
County Code. If the Flood Control District determines that the proposed development is
subject to Chapter 15A, the development shall comply with the requirements of said
Chapter. If the Flood Control District determines that the proposed development is not
subject to Chapter 15A, the development is exempt from the requirements of said Chapter.
After obtaining the appropriate clearance or receiving written exemption from the
Flood Control District, the proposed development shall be subject to the land use permit
procedures as required in the applicable base zone district.
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DIVISION 6.
PARKING REGULATIONS.
Sec. 35-251. Puri,ose and Intent.
The purpose of this DIVISION is to assure the provision and maintenance of safe,
adequate, well-designed off-street parking facilities in conjunction with any use or
development. The intent is to reduce street congestion and traffic hazards and to promote
an attractive environment through design and landscaping standards for parking areas. The
standards set forth in this DIVISION shall be considered minimums, and more extensive
parking provisions may be required by the Planning Commission as a condition of project
approval.
Sec. 35-252. Applicability.
Unless otherwise provided in the specific, applicable zone district, the provisions of this
DIVISION shall apply to all appropriate uses and development.
Sec. 35-253. Maintenance of Parking Spaces.
No parking area or parking space provided for the purpose of complying with the
provisions of this DIVISION shall thereafter be eliminated, reduced, or converted in any
manner unless equivalent facilities approved by the County are provided elsewhere in
conformity with this DIVISION. The permit for the use for which the parking was provided
shall immediately become void upon the failure to comply with the requirements of this
DIVISION.
Sec. 35-254. Recalculation of Parking Spaces Upon Change of Use.
Upon the change of any use, the number of parking spaces to be provided shall be
calculated according to the requirements of this DIVISION for the new use. Any previous
parking modifications granted by the Planning Commission, Zoning Administrator, or the
Director shall be null and void. (Amended by Ord. 4228, 6/]8/96)
Sec. 35-255. Required Number of Spaces: General.
1. The minimum number of parking spaces as required in the specific applicable zone
district or specified in this DIVISION shall be provided and continuously maintained
in conjunction with the related use or development.
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LZPKING
2. For aH development (other than single-family residential) which is subject to the
requirements of a development plan, the Planning Commission shall determine if there
is a need to provide for bicycle parking. If such a need exists, the Planning
Commission shall then determine the required number of parking spaces, bike racks,
and locking devices that shall be provided.
3. For additions to existing developments, the increased parking requirement shal] be
based on the aggregate total of the floor area and/or number of employees of all
existing and proposed buildings or structures on the property.
4. For the purposes of this DIVISION, gross floor area shall be the measure of total
square footage for a project; however, stairways and open, unenclosed corridors shall
be excluded.
5. Where the standards require any fractional space, the next larger whole number shall
be the number of spaces required.
6. In order to encourage efficient use of commercial parking space and good design
practices, the total parking requirement for mixed uses or Conjunctive Uses shall be
based on the number of spaces adequate to meet the various needs of the individual
uses operating during the Peak Parking Period (Amended by Ord. 4087, 12/15/92)
7. Where the parking requirement for a use is not specifically defined in the applicable
zone district or this DIVISION, the parking requirement shall be determined by the
Director based upon the requirement for the most comparable use specified herein.
8. All parking areas shall provide handicap parking spaces as required under State law.
9. Modifications to the parking requirements may be granted, pursuant to Sec. 35-291.6.
(Attached Second Residential Units.), Sec. 35-291A.6. (Detached Second Residential
Units.), Sec. 35-292f.4. (Density Bonus for Affordable Housing Projects.), Sec. 35-
315.12. (Conditional Use Permits.), Sec. 35-317.8. (Development Plans.), or Sec. 35-
321. (Modifications.). (Amended by Ord. 4228, 6/18/96)
Sec. 35-256. ~red Number of S aces: Residential.
Parking spaces to be permanently maintained on the same building site on which the
dwelling(s) is located:
I . Single Family and two family dwellings: Two spaces per dwelling unit
2. Multiple Dwelling Units:
a. Single bedroom or studio dwelling unit: One space per dwelling unit
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205 Replacement Page August 1996
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LfflPKING
b. Two bedroom dwelling: Two spaces per dwelling unit.
Such spaces shall be located
within 200 feet from the building
served by such spaces.
c. Three or more bedroom dwellings: Two and one-half (2.5) spaces
per dwelling unit, located as
required in b., above.
d. Visitor parking: One space per five dwelling
units.
3. Guest houses: One space per guest house.
4. Mobile homes in mobile home parks: Two spaces per site which may
be tandem, and one space for
every three sites for guest
parking.
5. Fraternities, sororities, dormitones,
and boarding and lodging houses: One space per four bed spaces
and one space per two
employees.
6. Retirement and special care homes: One space per guest room and
one space per two employees.
Sec. 35-257. Re uired Number of S aces: Miscellaneous Non-Residential.
Churches, school auditoriums, college
auditoriums, theaters, general auditoriums,
stadiums, mortuaries, lodges, halls, and
0
ther places of general assembly:
a. With fixed seats: One space per four fixed seats.
b. Without fixed seats: One space per 30 square feet of
auditorium space.
2. Places of amusement without fixed seats One space per 300 square feet
such as dance halls, skating rinks, etc. : of assembly area.
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LifiPiuNG
3. Schools:
One space for each two
a. Day school or nursery school:
employees and one space for
each ten students.
b. Elementary and junior high: 1.5 spaces for each teaching
station.
c. High school: Six spaces for each teaching
station.
d. Colleges, art, craft, music or dancing One space for each three
schools; business, professional, or employees and one space for
trade school: each five students.
4. Lbrary, museum, or similar use: One space for each two
employees and one space per
300 square feet of gross floor
area.
Sec. 35-258. ~red Number of S aces: Commercial
Hotels/motels: One space per guest room and
one space per 5 employees.
2. Restaurants, cafes, taverns, etc. : One space per 300 square feet
of space devoted to patrons and
one space per two employees.
3. Business and professional offices, such One space per 300 square
as banks, lawyers' offices, etc. : feet of gross floor area.
4. Retail business and general commercial: One space per 500 square feet
of gross floor area.
5. Furniture and appliance stores; heating, One space per 1,000 square
ventilating, building supply hardware feet of gross floor area.
stores; motor vehicle and machinery
sales and service:
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207 M~y 1994
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6. Hospitals: One space per two beds and one
space per three employees.
7. Convalescent hospitals, sanitariums One space per three beds and
and rest homes: open space per three employees.
8. Medical clinics, medical & dental offices: One space per 200 square feet
of gross floor area.
Sec. 35-259. Required Number of Spaces: Industrial
1. Research and development, manufacturing,
and processing: One space per 1'/2 employees,
but in no case less than one
space per 500 square feet of
gross floor area.
2. wholesaling/warehousing/storage facility: One space per 1,000 square feet
of gross floor area and one
space per four employees.
3. Other industrial uses: One space per four employees.
Sec. 35-260. Required Number of Spaces: Recreational Facilities.
1. Tennis facility: 1% spaces per court
2. Racquetball facility: 1'/2 spaces per court
3. Spectator seating: One space per five seats or one
space per 35 square feet of
seating area.
4. Facilities such as spas, health One space per 300 square feet
facilities, and gyms: of gross floor area.
5. Public swimming pool: One space per 200 square feet
of pool area and one space per
500 square feet of area related
to the pool and facilities.
6. Bowling alley: Eight spaces per lane.
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D]ARKING
Sec. 35-261. ~red Number of S aces: Afleulture:
Commercial greenhouse, hothouse, or Two spaces per acre of land in
other plant protection structure: such use.
Sec. 35-262. Size, Location and Design.
Size:
a. Residential parking spaces shall be 8% feet wide by 16% feet long.
b. Non-residential parking spaces shall be 9 feet wide by 161/2 feet long.
c. Compact car spaces: thirty (30) percent of the required parking for non-
residential uses may be provided as compact car spaces. Compact car spaces shall
have a size of 8 by 14'/2 feet. (Amended by Ord. 4063, 8/18/92)
2. Location:
a. Offstreet parking spaces shall not be located in the required front or side yard
setback area unless specifically permitted in the applicable zone district
regulations. Provisions shall be made for direct access from the street to each
parking space. Such access shall be adequate for standard size automobiles unless
the parking area is restricted to compact cars.
b. For all types of dwellings, the required parking spaces shall be provided on the
same site on which the dwelling(s) is located.
c. For non-residential structures or uses, the required parking spaces shall be
provided within 500 hundred feet of the main building or site, if there is no main
building, as measured along streets not including alleys.
3. Construction and Design:
a. All parking areas shall be graded and have drainage provided so as to dispose of
all surface water without erosion, flooding, and other inconveniences or hazards.
b. Uncovered parking areas and driveways shall be paved with a minimum of two
( 2) inches of asphalt, concrete, or equivalent on a suitable base.
c. Parking spaces shall be marked and access lanes clearly defined. Bumpers and
wheel stops shall be installed as necessary. Every stall designed to accomodate
compact cars shall be clearly marked as a compact car stall. (Amended by Ord. 4063,
8/18/92)
Adicle m Inland Zoning Ordinance
209 May 1994
PAGE 248 Show Image
d. Except for residential uses within the 20-R-1 through 7-R-1, and 20-R-2 through
7-R-2 zone district, parking areas shall be so designed that no vehicle shall be
required to encroach into a street or sidewalk when backing out of a parking
space. (Amended by Ord. 3795, 01/09/90)
e. The design of parking areas shall not require the moving of any car to gain access
to a required parking space unless the applicable zone district regulations
specifically permit tandem parking.
f. All parking areas serving uses operating at night shall be adequately lighted. Such
lighting shall be so arranged as to direct the light away from adjoining residences.
g. The design of parking spaces and the maneuvering space in connection therewith
shall be in accordance with the requirements illustrated in the Parking Diagram,
Figures 1, 2 and 3, and the Parking Table.
Sec. 35-263. ~scaeScreernnofParkinAreas.
Parking area includes the parking spaces and the maneuvering space necessary for use
of such spaces.
Where non-residential parking areas abut residentially zoned or developed property,
a wall or solid fence of not less than five feet in height shall be erected and maintained
between the parking area and the adjoining residentially zoned or developed property.
(Amended by Ord. 4063, 8/18/92)
2. Where trees already exist on the property, the design of the parking area should make
the best use of this growth and shade.
3. Screening shall be provided along each property line consisting of a five-foot wide
strip, planted with sufficient shrubbery to effectively screen the parking area, or a
solid fence or wall not less than four feet in height. Such fences or walls abutting
streets shall be ornamental in texture, pattern, or shadow relief. Planting, fences, or
walls abutting streets shall not exceed 30 inches in height for a distance of 25 feet on
either side of entrances or exits to the property. This requirement for screening may
be waived or modified by the Planning and Development Department if adjacent
property already has provided a solid wall not less than four feet high. (Amended by Ord.
No. 3794, 01/09/90)
Article III Inland Zoning Ordinance
210 M~y 1994
PAGE 249 Show Image
Ei]KING
4. When the total uncovered parking area on the property (including adjoining parcels
over which the property has parking privileges) exceeds 3,600 square feet, the following
shall be required, in addition to other provisions of this section, as part of a landscape
plan:
a. Trees, shrubbery, and ground cover shall be provided at suitable intervals in order
to break up the continuity of the parking area. Planting islands for such trees and
shrubs shall be protected form automobile traffic by either asphalt or concrete
curbs.
b. All ends or parking lanes shall have landscaped islands.
c. Prior to the issuance of a Land Use Permit, performance securities, in amounts
to be determined by the Planning and Development department, to guarantee the
installation of plantings, walls, and fences in accordance with the approved plan,
and adequate maintenance of the planting for two years shall be filed with the
County. The performance security portion for installation will be released at the
time the Planning and Development Department approves the installation. The
remaining maintenance performance security portion shall be released at the end
of the two-year period provided the planting has been adequately maintained.
(Amended by Ord. 3794, 01/09/90)
Sec. 35-264. street Loadin Facilities.
For every building hereafter erected, which is to be occupied by manufacturing,
storage, warehouse, retail store, wholesale store, market, hotel, hospital, mortuary,
laundry, dry cleaning, or other uses similarly requiring the receipt or distribution by
vehicles of materials and merchandise, off-street loading spaces shall be provided as
follows:
a. Commercial Uses:
3,000 or more square feet gross floor area......1 loading space.
b. Industrial Uses:
10,000 to 24,999 square feet gross floor area...I loading space.
25,000 to 49,000 square feet gross floor area...2 loading spaces.
For each additional 50,000 square feet or
major fraction thereof.......... 1 loading space.
Article III- InlandZoning Q(diflance
211 May 1994
PAGE 250 Show Image
2. Each loading space shall not be less than ten (10) feet in width, thirty (30) feet in
length, and with an overhead clearance of fourteen (14) feet.
3. Such space may not be located in any part of any required front or side yard.
4. Such space shall be so designed that it will not interfere with vehicular circulation or
parking nor with pedestrian circulation.
Sec. 35-265. Driveways.
1. Width, Number, and Location:
Unless otherwise provided in the specific, applicable zone districts, the width and
number of driveways in relation to intersections, obstructions, other driveways, and
property lines shall be as prescribed by Resolution No. 76-428 Road Standards of the
County Board of Supervisors or any subsequent resolution of the said Board regulating
road standards.
2. Driveway to Side or Rear Parking Areas:
A driveway used for access to a parking area at the side or rear of a building shall not
be less than ten (10) feet wide in clear distance between any obstruction to vehicular
traffic.
3. Special Requirements:
Upon recommendation of the Road DMsion or the Director or upon their own
initiative when considering any project, the Planning Commission may place special
requirements on an individual building site that will have the effect of reducing or
increasing the number or width of driveways or prescribing their location on the
building site when the Commission determines that such special requirements either
reduce or do not create traffic hazards or street parking problems. Such special
requirements shall be final subject to appeal to the Board of Supervisors as provided
in Sec. 35-327. (Appeals).
Article III Inland Zoning O(dinance
212 May 1994
PAGE 251 Show Image
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PAGE 252 Show Image
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Arlile m ~nIand ~ning Ordinance
213 M~y 1994
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Arlicie m- Iniand~ning Ordinance
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Adicie III- iniand~ning Ordinance
218 M~y 1994
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PAGE 259 Show Image
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DIVISION 7.
GENERAL REGULATIONS
Sec. 35-266. Purpose and Intent.
The purpose of the DIVISION is to establish distinct performance and development
regulations for certain activities, uses, and structures that are of such a special nature that
additional or modified regulations are desired. These regulations are applicable in all zones
and overlay zones notwithstanding the regulations of the applicable zone or overlay zone
disthct. (Amended by Ord. 4]28, 11/16/93)
Sec. 35-266.1. Conformance to Regulations.
Except as permitted as a non-conforming use, building or structure: (Amended by Ord.
360Z 10/06/86)
1. Use Restrictions. No building or structure shaU be hereafter erected, constructed,
altered, enlarged, moved, or maintained, nor shall any building or land be used,
designed or intended to be used for any purpose other than those which are permitted
in the type of zone in which such building or land is located, and then only after
applying for and securing all permits and licenses required by law and this Article,
which authorizes such building, structure or use.
2. Height Restriction. No building or structure shall be hereafter erected nor shall any
existing building or structure be moved, reconstructed, altered, enlarged or maintained
to exceed the height limit established for the type of zone in which such building or
structure is located, unless a variance has been granted and is in effect which
authorizes such construction.
3. Area Conformance Restriction. No building or structure shall be hereafter erected,
nor shall any existing building or structure be moved, reconstructed, altered, enlarged
or maintained except in conformity with the area regulations of the zone in which it
is located and any specific yard setback regulations and lot coverage limitations that
may apply, unless a Variance or Modification has been granted and is in effect which
authorizes such construction. (Amended by Ord. 4228, 6/18/96)
Article III Inland Zoning Oi~inance
May 1994
220 Replacement Page August 1996
PAGE 261 Show Image
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PAGE 262 Show Image
GBN. RBGS.
Accessory Structures
Sec. 35-267. Accessory Structures (Amended by Ord. 3796, 01/09/90)
1. AUI accessory structures, including agricultural accessory structures, shall conform to
chteria set forth in this section and as defined by ordinance; except that mobile home
site accessory structures within a Mobile Home Park shall instead be regulated by the
MHP District provisions (Sec. 35-241.). (Amended by Ord. 4087, ]2/]5/92)
2. Except in Agricultural zone districts, no accessory structures shall be constructed on
a lot until construction of the principal structure has begun, and no accessory structure
shall be used unless the principal structure on the lot is also being used.
3. An accessory structure erected as an integral part of the principal structure shall
comply in all respects with the use, yard, and height requirements applicable to the
principai structure.
4. Accessory structures shall conform to the height requirements and the front and side
yard setback regulations of the district. An accessory structure may be located in the
required rear yard setback provided that it is located no closer than five (5) feet to the
principal structure and that it occupies no more than forty (40) percent of the required
rear yard, and that it does not exceed a height of twelve (12) feet.
5. No accessory structure on a corner lot shall be located closer to the street right-of-way
or centerline than the principal building on that lot, nor within any side or front yard
setback.
6. For a corner lot backing on a key lot, no accessory structure shall be located closer
than ten (10) feet to the rear property line.
7. Agricultural accessory structures which serve as a phmary place of employment or
which are used by the public may include a bathroom and wetbar area, provided that
a Notice to Property Owner is recorded by the property owner. For all other
accessory structures, plumbing devices shall be limited to toilets and wash basins, and
no bathing facilities or wetbars shall be allowed.
8. No cooking facilities shall be allowed in accessory structures.
9. Accessory buildings and structures shall not be used for sleeping purposes and shall
not be used as guest houses, artist studios, or poolhouses/cabanas, unless specifically
permitted for such use.
Article III Inland Zoning Ordinance
May 1994
221 Replacement Page August 1996
PAGE 263 Show Image
10. On lots of one acre or less, the gross floor area of an accessory structure shall not
exceed 800 square feet, excluding garages, barns and stables.
Artide III Inland Zoning O~inancc
May 1994
222 Replacement Page August 1996
PAGE 264 Show Image
Guest House,
GEN.REGS.
Artist Studios,
Pool House/Cabana
Sec. 35-268. Guest House Artist Studio and Pool House Cabana. (Amended by Ord. 3797,
01/09/90)
Guest houses, artist studios, and pool house/cabanas must conform to criteria set forth
in this section and as defined by ordinance.
2. No guest house or artist studio shall be located on a lot containing less than one (1)
gross acre.
3. There shall not be more than one (1) guest house or artist studio on any lot.
4. The floor area of such guest house, artist studio, or pool house/cabana shall not exceed
800 square feet; however, such structures may be attached to an accessory structure
so that the total area of the combined structures exceeds 800 square feet, provided no
interior access exists between the guest house artist studio, or pool house/cabana and
the accessory structure.
5. No guest house, artist studio or pool house/cabana shall exceed a height of one story.
Such story may be located over an accessory structure.
6. There shall be no kitchen or cooking facilities within a guest house, artist studio or
pool house/cabana. However , a we t bar may be provided limited to the following
features:
a. A counter area with a maximum length of seven (7) feet.
b. The counter area may include a bar sink and an under counter refrigerator.
c. The counter area may include an overhead cupboard area not to exceed seven (7)
feet in length.
d. The counter area shall be located against a wall or, if removed from the wall, it
shall not create a space more than four (4) feet in depth. The seven (7) foot
counter shall be in one unit. The intent of this provision is to avoid creation of
a kitchen room.
e. No cooking facilities shall be included in the wet bar area.
7. Guest houses and pool house/cabanas may contain bathrooms as defined by ordinance.
However, in artist studios, plumbing facilities shall be limited to those required for a
AdICie III- InlandZoning Ordinance
223 M~y 1994
PAGE 265 Show Image
Guest House,
GEN.REGS. I
Artist Studios,
Pool House/Cabana
wetbar, if provided, and/or a restroom. No bathing facilities shall be permitted in artist
studios.
8. Guest houses, artist studios, or pool house/cabanas must conform to all of the setback
regulations set forth in the applicable zone district for dwellings.
9. A guest house shall be used on a temporary basis only by the occupants of the main
dwelling or their non-paying guests or servants and is not to be rented or let but,
whether the compensation is paid directly or indirectly in money, goods, wares,
merchandise, or services. Temporary is defined as occupying the premises for no more
than one hundred twenty (120) days in any twelve (12) month period.
10. Artist studios and pool house/cabanas shall not be used as temporary sleeping quarters,
guest houses, or as a dwelling unit.
1 1. A Notice to Property Owner document shall be required to be recorded by the
property owner prior to issuance of a Land Use Permit for any guest house, artist
studio or pool house/cabana.
12. A pool house/cabana may be approved in conjunction with a proposed pool, provided
that occupancy of the building is simultaneous with completion of the pool.
13. A home occupation permit shall be required for all artist studios.
14. If either an Attached or a Detached Residential Second Unit exists or has current
approval on a parcel, a guest house or artist sutdio may not also be approved (see also
Sec. 35-291.5.11). (Added by Ord. 4128, 11/16/93)
Article Ill- InlandZoning Ordinance
224 May 1994
PAGE 266 Show Image
GEN. REGS.
Ho pations
Sec. 35-269. ij--j~omeOccuations.
Sec. 35-269.1. Processing.
Except as stated in Sec. 35-269.3., prior to the commencement of any type of
occupation in the home, a home occupation application shall be submitted to the
Department of Planning and Development. (Amended by Ord. 4063, 8/18/92)
The Department of Planning and Development shall approve, conditionally approve,
or deny such application. Upon approval of such application, a Land Use Permit shall be
issued for the home occupation.
Sec. 35-269.2. Findings. (Amended by Ord. No. 3791, 01/09/90)
The Planning and Development Department shall approve a home occupation
application only if the proposed occupation meets all of the following criteria:
1. A home occupation shall be conducted within not more than one room of the dwelling
not including garages, except for artist studios.
2. There shall be no structural alterations of the dwelling, and the existence of the home
occupation shall not be apparent beyond the boundaries of the premises.
3. The home occupation shall be conducted solely by the occupants of the dwelling unit.
No employees other than the dwelling occupants shall be permitted on the premises
for business purposes.
4. No displays, or advertising signs shall be permitted on the premises. (Amended by Ord.
4063, 8/18/92)
5. There shall be no more than five (5) customers, patients, clients, students, or other
persons served by said occupation upon the premises at any one time.
6. A home occupation shall not create any radio or television interference or create noise
audible beyond the boundaries of the premises.
7. No smoke or odor shall be emitted that occurs as a result of the home occupation.
8. There shall be no outdoor storage of materials related to the home occupation.
9. No vehicles or trailers except those incidental to the residential use and those allowed
under Section 35-219.11. shall be kept on the premises.
Adicle III Inland Zoning Ordinance
225 M~y 1994
PAGE 267 Show Image
10. A home occupation shall be strictly secondary and subordinate to the pnmary
residential use and shall not change or detrimentally affect the residential character of
the dwelling, premises, or neighborhood.
1 1. Where a home occupation will be conducted within a dwelling that relies on a septic
system, written clearance from the Santa Barbara County Environmental Health
Department will be required prior to approval.
Sec. 35-269.3. Exception to Permit Requirement for Home Occupation.
No home occupation permit shall be required for home occupations such as
consultants in management, finance, engineering and publishing, bookkeeping, accounting,
phone sales, etc., which meet all of the following criteria:
1. Findings 1-4 and 6-11 under Sec. 35-269.2.
2. No clients or customers shall be served at the premises.
3. No business advertisements, except for business cards and letterhead, may list the
home address.
4. All business transactions occurring on the premises shall occur by telephone, FAX,
computer modem, written correspondence or other tele-communication medium.
Sec. 35-269.4. Violations of Home Occupation Regulations.
a. It shall be unlawful for any person, firm or corporation to establish, cause, permit
or maintain any type of business, profession or other commercial occupation
( collectively to be referred to as a 11home occupation1') in an area zoned for
residential use without first securing a Home Occupation Permit from the
Department of Planning and Development which approves, and/or conditionally
approves such use or activity.
b. It shall be unlawful for any person to conduct a home occupation for which a
Home Occupation Permit has been issued without complying with all conditions
attached to such permit.
Adicle III- InlandZoning Ordinance
226 May 1994
PAGE 268 Show Image
GEN. REGS.
Swimming Pools, Spas
Sec. 35-270. Swimming Pools and Spas.
1. Swimming pools, spas, and appurtenant structures shall be classified as accessory uses.
2. Pools, spas, and appurtenant structures shall not be located in the required front or
side yard setback area and shall not be closer than five (5) feet of any other property
line.
3. Pools and spas shall be subject to further regulations as specified under the Primary
Plumbing Code and the Swimming Pool Fencing regulations of Chapter 10 of the
Santa Barbara County Code.
Article III- InlandZoning Ordinance
227 May 1994
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GEN. REGS.
Solar Panels
Sec. 35-271. Solar Panels.
1. Solar heating Systems shall be required for the heating of any new swimming pool, spa,
or hot tub as specified under the Pnmary Plumbing Code and the Solar Energy
requirements of Chapter 10 of the Santa Barbara County Code.
2. When solar panels are located on the roof of an existing building or structure, no Land
Use Permit shall be required.
3. When solar panels are located on the ground they shall be classified as accessory
structures, and shall require Land Use Permits.
Article III Inland Zoning Ordinance
228 May 1994
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GEN. REGS.
Fences, Walls, Gateposts
Sec. 35-272. ~es Walls and Gate osts.
In all districts, fences, walls and gateposts may be located on a lot in conformance with
the height limitations and permit requirements provided in the following chart,
except that corner lots must meet the vision clearance requirements set forth in Sec. 35-273
(General Regulations).
Front Yard Setback Fences and walls less than Minor CUP required for
six (6) feet and gateposts fences and walls more
less than eight (8) feet in than six (6) feet or
height are exempt from a gateposts more than eight
LUP. (8) feet in height.
Side and rear Yard Fences and walls less than Minor CUP required for
Setback eight (8) feet and gateposts fences and walls more
less than ten (10) feet in than eight (8) feet or
height that are not closer gateposts more than ten
than twenty (20) feet to (10) feet in height, or
the right-of-way line of any closer than twenty (20)
street are exempt from a feet to the right-of-way
LUP. line of any street.
Outside of Setback Areas Fences and walls less than LUP required for fences
eight (8) feet and gateposts and walls more than eight
less than ten (10) feet in (8) feet or gateposts more
height are exempt from than ten (10) feet in
LUP. height.
~ .
Amended by Ord. 3994, 2/21/92)
In addition, the following regulations shall apply:
A maximum of ten (10) percent of the total linear length of a wall or fence may be
allowed to exceed the maximum height specified for exemption from a Land Use
Permit, where topographic or other unavoidable conditions will destroy its architectural
integflty if held to the maximum height specified for its entire length. (Amended by Ord.
3994, 2/21/92)
Article m Inland ~ning Ordinance
229 May 1994
PAGE 273 Show Image
GEN. REGS.
Fences, ateposts
2. The height of walls, fences, or gateposts shall be determined by measurement from the
natural grade at the lower side of the fence, wall, or gatepost.
Article III Inland Zoning Ordinance
230 May 1994
PAGE 274 Show Image
GBN. REGS.
Vision Clearance
Sec. 35-273. Vision Clearance.
In all zone districts, a vision clearance of not less than ten (10) feet shall be provided
on all corner lots.
Article III Inland Zoning O(dinance
231 May 1994
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PAGE 276 Show Image
GEN. RBGS.
Setbacks
Sec. 35-274. General Setback Regulations.
Where a setback line is called for or shown on a recorded subdivision or parcel map
or on a Final Development Plan in the PRD district under Sec. 35-233.11., the
required setback shall be the setback line shown on the subdivision or parcel map of
Final Development Plan.
2. In computing the depth of a rear yard setback or the width of a side yard setback, if
such yard abuts upon an alley, and the owner of the yard owns all or one-half of the
underlying fee of such alley, up to one-half the width of such al]ey may be included in
the rear yard or side yard.
3. On any lot which has been reduced in width or depth below the original dimensions
of the lot legally created by a recorded subdivision map or deed prior to October 1,
1960, which reduction was required by the County for road widening purposes, the
required yards shall be computed on the basis of the original dimensions of the lot as
though such road widening had not occurred.
4. In single-family residential subdivisions wherein all proposed dwellings are to be
constructed at one time by the developer and a plot plan showing the location and
dimensions of each building and the front, side, and rear yard setback dimensions of
each lot has been filed with the Planning and Development Department, the Director
may modify the required front yard setback for not to exceed fifty (50) percent of the
lots on each side of the street in each block, subject to all of the following limitations:
a. No garage shall be located closer than ten (10) feet to the street right-of-way line.
b. No part of the dwelling portion of the building shall be located closer than fifteen
(15) feet to the street right-of-way line.
c. No garage shall be so oriented that there is less than twenty (20) feet of
unobstructed driveway space within the property on which to park a car outside
of the garage.
d. The average distance of each building from the centerline of the street shall be
at least fifty (50) feet. Such average distance shall be determined by multiplying
the width of the various segments of the front of the building by the setback
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Setbacks
distance of such segments from the centerline of the street and dividing the sum
of the products by the total width of the building.
5. Every part of a setback except for mobile home site setbacks subject to provisions of
Sec. 35-241. (MHP), shall be unobstructed from the ground to the sky, except as
otherwise provided in this Article and except for the ordinary projection of sills,
buttresses, comic es, chimneys, eaves, and ornamental features but in no case shall such
projections exceed three (3) feet. However, handrails on outdoor stairways may extend
into the setback an additional six (6) inches. (Amended by Ord. 4087, ]2/]5/92; Ord. 4228,
6/18/96)
6. Fire escapes, balconies, and unroofed and unenclosed porches, or landings, except on
mobile home sites subject to provisions set forth in Sec. 35-241. (MHP), may extend
into a) the front or rear yard setback four (4) feet, and b) a side yard setback three
( 3) feet, when constructed and placed in a manner that shall not obstruct light or
ventilation of buildings or ready use of said yards for ingress or egress. (Amended by Ord.
4087, 12/15/92)
7. Trellises and patio covers, except on mobile home sites subject to provisions set forth
in Sec. 35-241. (MHP), may be located within the rear yard setback when no closer
than fifteen (15) feet to the rear property line, or no closer than ten (10) feet to the
rear property line when adjacent to a permanently dedicated open space area.
(Amended by Ord. 3394, 2/21/92)
8. In any area where a building can be legally constructed on or closely adjacent to the
right-of-way line of a public street, eaves and roof overhangs, sills, belt courses, fire
escapes, balconies, and unroofed and unenclosed porches may project into a street
right-of-way no more than thirty (30) inches; provided that all such encroachments
shall be at least eight (8) feet above any area used by pedestrians, and at least
fourteen (14) feet above any area used for vehicular traffic; and provided further, an
encroachment permit for such projections is obtained from the County Road Division.
9. Where the elevation of the ground at a point fifty (50X feet from the centerline of any
street is seven (7) feet or more below or above the grade of said centerline, the front
setback of a private detached garage may be decreased by forty (40) percent and the
front setback for a dwelling may be decreased by twenty (20) percent provided the
front face of such garage is not closer than ten (10) feet to the abutting street right-of-
way.
Article Jil In/and Zoning Ordinance
May 1994
233 Replacement Page August 1996
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Through, Corner,
Interior &
Odd-Shaped Lots
Sec. 35-275. Throughg Corners Interiorg and Odd-Shaped Lots.
Through Lots. The side yard setbacks shall extend the full depth of the lot between
the street lines and there shall be two (2) front yard setbacks for the purpose of
computing setbacks.
2. Corner Lots Abutting Two or More Streets.
a. If a corner lot is less than 100 feet in width, the front yard setback along the
property line not considered the front line shall be not less than 20 percent of the
width of the lot, but in no case shall said front yard setback be less than ten (10)
feet. (Amended by Ord. 4063, 8/18/92)
b. If a corner lot is 100 feet or greater in width, there shall be a front yard setback
along each street abutting the lot and all such setbacks shall conform to the front
yard setback requirements of the applicable zone district. (Amended by Ord. 4063,
89/18/92)
c. The rear yard setback of a corner lot backing upon a key lot may be reduced to
a depth of ten (10) feet, provided the total yard area required on the building site
by the applicable district regulations is not thereby reduced.
3. Interior Lots. The setback regulations of the applicable zone district shall not apply
to an interior lot but any structure located upon such lot shall have a setback of at
least ten (10) feet from all property lines and the total setback area shall equal the
total area of all setbacks required in the applicable zone district.
4. Odd-Shaped Lots. In the case of odd-shaped lots, the Director shall determine the
required setbacks, which widths and depths shall approximate as closely as possible the
required widths and depths of corresponding setbacks on rectangular lots in the
applicable zone district.
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GEN. REGS.
Height
Sec. 35-276. Height.
Chimneys; elevator and stair housings; t~evision receiving antennae for individual
receiving sets; antennas for amateur radio short wave sending and receiving sets, for private
sending and receiving sets, and for citizens band service not in connection with the business
of broadcasting radio or television programs for the general public; flagpoles; monuments;
oil and gas derricks; church spires; wind turbines (subject to provisions of Sec. 35-300., Wind
Energy Systems); and similar architectural features and similar structures may be fifty (50)
feet in height in all zone districts where such excess heights are not prohibited by the F
Airport Approach Area Overlay District.
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GEN. REGS.
Area of Lots
See. 35-277. Area of Lots.
The lot area or building site area of a lot shall be as defined under DIVISION 2,
DEFINITIONS, provided, however, that:
a. In any zone district in which portions of street right-of-way are specifically
excluded, the lot or building site area of a lot shall be exclusive of that portion of
the lot lying within a street right-of-way.
b. For the purpose of computing the lot area or building site area of a lot in any
district, any portion of a driveway or easement less than forty (40) feet in width
and reserved for access to a public street, the length of which portion is not
adjacent to any front, side, or rear yard of said lot or parcel shall be excluded.
2. For the purpose of computing the lot area or building site area of any lot, the
boundaries of such lot shall be the boundaries established by the latest recorded deed,
parcel map, subdivision map, etc., provided that such recorded document does not
create or attempt to create a lot in violation of the provisions of any applicable
California or County law or ordinance.
3. Two or more legal lots, each having insufficient area to meet lot area requirements
may be combined or resubdivided provided:
a. AUI other regulations of this Article and Chapter 21 of the Santa Barbara County
Code are complied with.
b. The combined or resubdivided lots are as large or larger than the original lots.
c. The minimum area of each such lot is 7,000 square feet.
4. Lots or groups of lots in one ownership, legally created and existing prior to the
effective date of any County zoning regulations applicable to such lots, and containing
less area than the required lot or building site area of the district in which they are
located may be used as building sites for not more than two dwellings per lot,
provided:
a. Such lots or groups of lots were legally created prior to the effective date of any
County zoning regulations applicable to such lots.
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GEN. REGS.
Area of Lots
b. Such lots or groups of lots having a total combined area in one ownership less
than 6,000 square feet exclusive of any portion thereof lying within a street
right-of-way may not be used for more than one dwelling per lot.
c. All other regulations of this Article are complied with.
5. Notwithstanding the provisions of Subsection 4, or any contrary provision of the
Specific District regulations, within any area designated as an AS Antiquated
Subdivision overlay district pursuant to Section 35-248., no lot shall be excused from
the minimum lot size requirements of the applicable specific district regulations or the
Comprehensive Plan, except that a lot or lots with combined are insufficient to meet
minimum lot size requirements for a single dwelling may be used as a single building
site if such lot or lots were held in separate ownership prior to the date of a Board of
Supervisors resolution initiating a rezoning to the AS Antiquated Subdivision overlay.
(Amended by Ord. 3720, 08/08/80)
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237 May 1994
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See. 35-278. Width of Lots.
For the purpose of computing the width of a ~ot having side lines which are not
parallel, the lot width shall be the average width of the lot. An easement or corridor
connecting the major portion of an irregularly shaped lot to a street shall not be used for
the purpose of computing lot width.
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GEN. REGS.
Subdivision of Land
Sec. 35-279. Subdivision of Land.
Except as otherwise permitted in this Article, no lot held under separate ownership at
the time of adoption of this Article shall be separated in ownership or reduced in size below
the minimum lot width or area required by the provisions of this Article, nor shall any such
lot having a width or area less than that required by these regulations by further reduced in
any manner.
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GEN. REGS.
Temp. Tract Offices
Sec. 35-280. Temporary Tract Offices in Subdivisions.
The Director, or authorized staff, may approve a Land Use Permit for construction of
a temporary tract sees office subject to the following conditions:
The office shall be located on one of the recorded lots in the subdivision within which
it is located or one of the recorded lots in a subdivision of the same subdivider in the
immediate vicinity.
2. The office shall not be permanently attached to the ground and shall be of such a size
that it is readily removable unless it is within some portion of a model home, other
than the garage, or unless the Planning Commission has approved its conversion to a
permanent use.
3. So long as it is used as a sales office, it shall not be used for any purpose other than
the sale of lots in the particular subdivision within which it is located or for the sale
of lots in a subdivision of the same subdivider in the immediate vicinity.
4. The garage of a model home may be used for the office subject to the deposit with the
Planning and Development of a performance security, in an amount designated by the
Planning and Development Department, guaranteeing the conversion of the tract office
to a garage at the expiration of the permit. No occupancy of the model home for
dwelling purposes shall be permitted until the office has been removed or a two car
covered garage is provided for the dwelling unit.
5. The permit shall expire after either: 1) initial sales have been made of all lots within
the tract within which it is located or all lots in a subdivision of the same subdivider
in the immediate vicinity; or 2) one (1)
year after its issuance, whichever is earlier. The permit may be extended by the
Planning Commission upon application of the subdivider for good cause shown.
6. The applicant shall deposit the sum of one thousand dollars to assure removal of an
office in a separate building after expiration of the permit or any extension thereof.
The applicant shall obtain and furnish to the County written permission from the then
landowner and all subsequent landowners for the County and its agents to enter upon
the land where said office is located to accomplish removal, if the applicant fails to
remove the office within thirty (30) days after expiration of the permit or any extension
thereof, or after notification from the Director if the Planning Commission at any time
finds that the office is unsightly or has become a public or private nuisance.
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GEN. REGS.
Trailers
Sec. 35-281. Trailer Use
Sec. 35-281.1. Limitation on Use.
Except as otherwise expressly permitted in this Sec. 35-281., in the Mobile Home Park
(MHP) zone district, and in the provisions of the individual zone districts allowing mobile
homes certified under the National Manufactured Home Construction and Safety Standards
Act of 1974 (42 U.S.C. § 5401 et seq. ), no trailer shall be used for any purpose whatsoever.
Sec. 35-281.2. Temporary Use of Trailers other than for Habitation during Construction in
all Zone Districts.
Purpose: In all zone districts, trailers which have been converted for use as
construction offices, tool storage, or for particular work such as electrical shops,
cabinet shops, and other similar uses and which are not used for human habitation
during the night are permitted to be maintained on a building site during periods of
erection of buildings thereon, provided:
a. Building permits have been issued for the buildings.
b. Trailers shall be promptly removed upon completion of construction.
2. Processing:
a. Up to three (3) such converted trailers located on any one building site may be
permitted without the requirement of a Land Use Permit.
b. More than three (3) such trailers per building site, may be permitted pursuant to
a Minor Conditional Use Permit under Sec. 35-315. and a Land Use Permit under
Sec. 35-314., providing that:
1). The Zoning Administrator makes additional findings that the need for the
trailers and a time frame for their removal has been clearly demonstrated;
and
2). The trailers are permitted for an initial period not to exceed two (2) years.
Renewals for additional 2 year periods may be granted under the provisions
of Section 35-315.7., Processing, provided that the request is filed prior to the
expiration date of the previously approved permit for the same use. (Added by
Ord. 4087, 12/15/92)
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241 M~y 1994
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Sec. 35-281.3. Temporary Watchman Use of Trailers during Construction in all Zone
Districts.
In all zone districts, during periods of erection of buildings upon building sites, a trailer
usable for or designed for human habitation may be maintained on such site for use as a
watchman's quarters subject to the issuance of a Land Use Permit under Sec. 35-314.,
provided:
1. Building permits have been issued for the buildings.
2. Only one (1) such trailer shall be permitted on a site; and,
3. The trailer shall be promptly removed upon completion of construction or within one
( 1) year, whichever is earlier.
Sec. 35-281.4. Temporary Watchman Use of Trailers in all Zone Districts.
In all zone districts, a trailer usable for or designed for human habitation may be
permitted to be used as a watchman's quarters for a maximum of five (5) years subject to
issuance of a Minor Conditional Use Permit under Sec. 35-315. and a Land Use Permit
under Sec. 35-314., provided:
1. The trailer is accessory to a permanent building, structure, or use.
2. The permittee complies with the State Mobile Home Act.
3. The trailer complies with setbacks and distances between buildings required for
buildings or structures.
4. The trailer, when added together with other dwelling units on the lot on which the
trailer is located, does not exceed the number of dwellings permitted under the
applicable zone district.
Sec. 35-281.5. Temporary Dwelling Use of Trailers during Construction of Residential
Buildings in all Zone Districts.
In all zone districts, a trailer may be used for a single-family dwelling during
construction of a residential building for a period of one (1) year or until thirty (30) days
after an occupancy permit is issued by a County Building Official or the building is occupied,
whichever is earlier, under a Land Use Permit under Sec. 35-314., provided:
1. Said one year period shall be reduced by any period during which the trailer has been
illegally occupied at the site.
Article III inIand~ning Ordinance
242 May 1994
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GEN. RE
2. The building permit has been issued for the residential building and the foundation
inspection has been completed.
3. The permittee complies with the State Mobile Home Act.
4. The trailer complies with the setbacks and distance between buildings required for
buildings or structures.
A time extension for the Land Use Permit issued under this section may only be
granted as a Minor Conditional Use Permit pursuant to Sec. 35-315. (Conditional Use
Permits).
Sec. 35-281.6. Use of Trailers for Various Purposes in all Zone Districts.
In all zone districts, trailers may be permitted pursuant to a Minor Conditional Use
Permit under Sec. 35-315. and a Land Use Permit under Sec. 35-314:
1. Accessory to a permanent building already on the same site for any use allowed under
the provisions of the applicable zoning district and regulations of this Article subject
to the following:
a. The Conditional Use Permit shall be valid for an initial period not to exceed two
(2) years. The Conditional Use Permit may be renewed for additional two (2)
year periods under the provisions of Sec. 35-315. subject to the restrictions of this
section, provided, however, that the request for the renewal is filed prior to the
expiration date of the previously approved Conditional Use Permit, and
b. In no case shall the cumulative time period for the Conditional Use Permits and
any renewals for the site exceed a maximum of six (6) years unless a finding can
be made that:
1) A permanent building is under construction on the building site to house the
use and replace the trailers(s), or
2) An active building permit has been issued for a permanent building to be
constructed on the building site to house the use and to replace the trailers(s),
or
3) The construction of a permanent building on the building site to house the
use and to replace the trailer(s) is authorized pursuant to a valid, unexpired,
discretionary permit.
(Amended by Ord. 4087, 12/15/92)
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243 May 1994
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GEN. REGS.
Trailers
2. To house otherwise permitted branch offices of banks or savings and loan associations
provided the branch office is licensed as a mobile branch office by the State or Federal
Government and all district setbacks are complied with.
3. On permanently improved sites, which are isolated from trailer parks, open and
available to a railroad, and within the railroad's right-of-way, provided such trailers are
used to house exclusively employees of the railroad engaged full-time in constructiQn
or maintenance of the railroad's right-of-way.
4. To permit trailers as air quality monitoring stations, for a time period that is adequate
to meet the specific air quality monitoring needs of the project, as recommended by
the County Air Pollution Control District and determined by the Zon~ng Administrator,
and providing that the following additional findings are made:
a. That the stations are either required or approved by the County Air
Pollution Control District;
b. That all zoning district setbacks are complied with; and
c. That the trailers are adequately screened by landscaping or other
measures from public view.
(Amended by Ord. 4087, 12/15/92)
All trailers permitted pursuant to this section, including their foundations, shall be
promptly removed upon completion of construction of the permanent building or
discontinuance of the authorized use. The Zoning Administrator may condition the project,
and may require bonding or other perforr~ance security to ensure compliance with this
requirement. It (Amended by Ord. 4087, 12/15/92)
Sec. 35-281.7. Use of Trailers as Offices in Agricultural Districts.
In any agricultural district, trailers may be permitted to be used temporarily primarily
for the performance of duties imposed on the owner or lessee of the land in connection with
the agricultural activities conducted thereon by federal, state, or county laws or regulations,
for the following periods and under the following permits:
1. For less than thirty (30) days without the requirement of a ILand Use Permit.
2. For thirty (30) days to one (1) year with a Land Use Permit under Sec. 35-314.
A'~icie III Inland Zoning Orchnance
244 May 1994
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GEN. REGS.
F;maiiers
3. For over one year pursuant to a Minor Conditional Use Permit under Sec. 35-315. and
a Land Use Permit under See. 35-314.
Any extension of the time limits set forth in this Section shall be subject to the
approval of the Zoning Administrator.
Permits under paragraph 2. and 3., above, shall provide that any such trailers shall be
removed from the lot within six (6) months following the effective date of any rezoning of
the lot on which the trailer is located to a zone district classification other than agriculture.
Sec. 35-281.8. Use of Trailers for Single-Family Dwellings for Full Time Farm Workers in
All Zone Districts. (Amended by Ord. 4063, 8/18/92)
In all zone districts, pursuant to a Minor Conditional Use Permit under Sec. 35-315.
and a Land Use Permit under Sec. 35-314., trailers may be used for a period not to exceed
five (5) years as single-family dwellings by workers (either employees or owners) engaged
full time in agriculture on the farm or ranch on which the trailer will be located, provided:
1. The permittee complies with the State Mobile Home Act.
2. The trailer(s) complies with the setbacks and distance between buildings required for
buildings or structures.
3. The permittee demonstrates a need for such a trailer(s).
4. The permittee provides proof of the full-time nature of the workers. (Amended by Ord.
4063, 8/18/92)
5. The permits provide that the trailer shall be removed from the premises within six (6)
months following the discontinuance of use of the premises for agricultural purposes.
(Amended by Ord. No. 4063, 8/18/92)
6. Minor Conditional Use Permits granted pursuant to the regulations of this section may
be renewed for additional five (5) year periods of time if application for renewal is
made to the Planning and Development Department prior to the expiration of the
Conditional Use Permit.
Sec. 35-281.9. Use of Trailers for Housing in Farm Labor Camps in the Agriculture II
District.
In the AG-Il district, trailers may be permitted to be used for housing persons engaged
full time in agriculture on farms or ranches other than the one on which the trailer is
located, pursuant to a Major Conditional Use Permit under Sec. 35-315. and a Land Use
Article III- InlandZoning Ordinance
245 M~y 1994
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GEN. REGS.
LzLjiers
Permit under Sec. 35-314., provided the permit shall provide that any such trailer shall be
removed from the lot within six (6) months following the effective date of any rezoning of
the lot on which the trailer is located to a zone district classification other than Agriculture
II Distnct.
Sec. 35-281.10. Storage of Trailers as an Accessory Use to a Residential Use.
The storage of trailers designed for or capable of human habitation or occupancy shall
be classified as an accessory use to a residential use only if the trailer does not exceed eight
(8) feet in width, 13 feet 6 inches in height (as measured from the surface upon which the
vehicle stands), and 40 feet in length. All such trailers shall be screened from view from
abutting streets. (Amended by Ord. No. 3803, 01/09/90)
Sec. 35-281.11. Temporary Use After Destruction of Dwelling.
If an occupied dwelling is destroyed by an accident or natural disaster, such as fire,
flood, earthquake, etc., the Director or authorized staff may approve temporary Land Use
Permit for a 90-day period for emergency use of a trailer for a dwelling, provided 1) no
trailer is illegally located on the lot, and 2) an application for a trailer has been filed under
another subsection of this Sec. 35-281., Trailer Use.
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246 May 1994
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GEN. REGS.
Mobile Homes
See. 35-282. Mob~e Homes on Foundations.
Where permitted in the applicable zone districts, mobile homes which are certified
under the National Manufactured Home Construction and Safety Standards Act of 1974 (42
U.S.C. ~ 5401 et seq. ) and constructed on a permanent foundation system, pursuant to
Health and Safety Code § 1855 1, shall be subject to the following requirements:
1. The mobile home shall have a roof overhang unless waived by the Board of
Architectural Review because the absence of a roof overhang would be appropriate
and of good design in relation to other structures on the site and in the immediately
affected surrounding area;
2. Roofing and siding shall be non-reflective; and
3. Siding shall extend to the ground level.
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GEN. REGS.
Carnivals, etc.
Sec. 35-283. Carniv~s Circuses etc.
A temporary Land Use Permit may be approved by the Director or duly authorized
staff for carnivals, circuses, and similar activities, including, but not limited to, art and craft
fairs, outdoor shooting galleries, menageries, merry-go-rounds, ferris wheels, shooting
matches, turkey shoots, tent shows, trained animal shows, amusement parlors, penny arcades,
prizefights, and wrestling matches, in any commercial or industrial district but in no other
districts, upon written application and provided: 1) they do not continue for more than five
( 5) consecutive days, 2) that the Director or authorized staff inspects and approves the
proposed site of the carnival or circus or other such activity, and 3) that the applicant
comply with all provisions of the laws of the County of Santa Barbara including, but not
limited to, the County Business License Ordinance and any conditions imposed pursuant to
this Article or any other such ordinance. No permit shall be issued until the Supervisor of
the Supervisorial District in which the use is proposed, or his designated
representative, has been notified of the application. The Director shall have the right to
impose reasonable conditions upon the operation of a carnival, circus, or other such activity
in order to protect and preserve the public health, safety, or welfare.
Sec. 35-284. (Section Reseivedforfi£ture use)
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GEN. REGS.
Pa Sales
Sec. 35-285. ~n Lot Sales.
In any C-2, C-3, or SC zone district, the operator of an existing retail store, shop, or
establishment may apply for either a Land Use Permit under Sec. 35-314. and a Minor
Conditional Use Permit under Sec. 35-315. or merely a Land Use Permit for a parking lot
sale.
If the proposed sale when added together with the establishment's other parking lot
sales within the same calendar year exceeds four (4) days, a Minor Conditional Use Permit
shall be required prior to the issuance of a Land Use Permit. If the proposed sale when
added together with the establishment's other parking lot sales within the same calendar year
does not exceed four (4) days, the application shall be made to the Director for a Land Use
Permit. The Director shall not issue the permit unless the Director finds that the proposed
sale will not be detrimental to the public health, safety, and welfare and that adequate
on-premise pedestrian access and parking will exist during the proposed sale. The Director
may impose any reasonable conditions in the permit necessary to protect and preserve the
public health, safety, and welfare.
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GEN. REGS.
Temp. 2nd Dwellings
Sec. 35-286. Temporaiw Second Dwellings.
In any district where an existing structure is to be used for dwelling purposes on a
temporary basis during the construction on the same lot of another structure to be used for
dwelling purposes, a Land Use Permit for such structure to be constructed may be issued
by the Director, subject to execution of an agreement by the property owner that said
existing structure will be removed, converted or reconverted to a permitted accessory
building within three months after commencement of the occupancy of the newly constructed
dwelling and subject to the receipt by the County of a performance security in an amount
designated by the County Building Official and in form and content acceptable to the County
Counsel, assuring the performance of said property owner's obligations set forth in said
agreement.
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GEN. REGS.
Signs & Advertising
Sec. 35-287. ~sandAdvertisin Structures.
Signs and advertising structures are regulated by Article I of Chapter 35 of the Santa
Barbara County Code and any amendments thereto.
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GEN. REGS.
B ghting
Sec. 35-288. ~iorLihtin.
1. All exterior lighting shall be hooded and no unobstructed beam of extenor light shall
be directed toward any area zoned or developed residential.
2. Lighting shall be designed so as not to interfere with vehicular traffic on any portion
of a street.
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GEN. REGS.
Landscape Plans
Sec. 35-289. ~eaePlans.
Where the provisions of this Article require a Landscape Plan in conjunction with
proposed development the following shall apply:
The County Planning and Development Department shall review the landscape plan
and may approve or conditionally approve said plan.
2. Prior to the issuance of the Land Use Permit for the development, a performance
security, in an amount to be determined by the Planning and Development
Department to guarantee the installation of plantings, walls, and fences, in accordance
with the approved landscape plan, and adequate maintenance of the planting shall be
filed with the County, if deemed necessary by the Planning and Development
Department.
3. Performance securities will be released by the County at the time of approval by the
County Planning and Development Department for the installation and the remaining
performance security for landscaping maintenance will be released at the end of the
designated time period by said County provided the planting has been adequately
maintained. (Amended by Ord. No. 3794, O]/09/90)
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See. 35-290. Pipelines.
Sec. 35-290.1. Applicability.
The specific regulations contained within this section shall apply to:
1. All oil transmission and distribution pipelines.
2. All gas transmission and distribution lines excluding public utility gas lines less than 12
inches in diameter.
3. Wastewater pipelines excluding those incidental to and located within an onshore oil
production lease area.
4. All pipelines associated with offshore oil and gas production.
5. Facilities related to the above pipelines (e.g., pumping stations, etc.).
This section shall not apply to pipelines that are incidental to oil and gas production
operations covered by regulations in Sec. 35-295. (Oil drilling and Production).
For all districts in which oil and gas pipelines or related facilities are permitted uses,
the district regulations shall be inapplicable to said use.
Sec. 35-290.2. Permitted Districts.
Pipelines shall be a permitted use in all zone districts.
Sec. 35-290.3. Processing.
No permits for development including grading shall be issued except in conformance
with an approved Final Development Plan, as provided in Sec. 35-317. (Development Plans),
and with Sec. 35-314. (Land Use Permits)
The following information, in place of that listed in Sec. 35-317., must be filed with a
Preliminary or Final Development Plan application:
1. A brief statement of the proposed project.
2. A plot plan showing:
a. Property, easement, and pipeline right-of-way boundaries.
b. Proposed road construction or modification.
c. Area to be used for construction.
d. Area to be used for access and maintenance during pipeline operation.
e. Existing roads, water courses and pipelines within the pipeline right-of-way.
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f* Location and type of existing and proposed structures within fifty (50) feet of the
pipeline right-of-way.
g. Proposed alteration of surface drainages.
3. A contour map showing existing and proposed contours.
4. Measures to be used to prevent or reduce nuisance effects, such as noise, dust, odor,
smoke, fumes, vibration, glare, and to prevent danger to life and property.
5. A revegetation and site restoration plan shall be prepared by the applicant which
includes provisions for restoration of any biologically important habitats which will be
disturbed by construction or operational procedures. Said plan shall be subject to
approval by the Planning and Development Department during project review.
6. Any other reasonable information as deemed necessary by the Planning and
Development Department.
7. In addition, for oil and gas pipelines, an updated emergency response plan that
addresses the potential consequences and actions to be taken in the event of
hydrocarbon leaks or fires shall be submitted. The emergency response plan shall be
approved by the County's Emergency Services Coordinator and Fire Department
unless said plan has received previous approval by the Public Utilities Commission.
Sec. 290.4. Findings Required for Approval of Development Plans (Amended by Ord. 3586,
08/25/86)
In addition to the findings for Development Plans set forth in Sec. 35-317.7.
( Development Plans), no Preliminary or Final Development Plan which proposes new
pipeline construction outside of industry facilities shall be approved unless the Planning
Commission also makes the findings that:
a. Use of available or planned common carrier and multiple-user pipelines is not
feasible; and
b. Pipelines will be constructed, operated, and maintained as common carrier or
multiple-user pipelines unless the Planning Commission determines it is not
feasible. Applicants have taken into account the reasonable, foreseeable needs
of other potential shippers in the design of their common carrier and
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multiple-user pipelines. Multiple-user pipelines provide equitable access to all
shippers with physically compatible stock on a nondiscnminatory basis; and,
c. New pipelines are routed in approved corridors that have undergone
comprehensive environmental review unless the Planning Commission determines
that such corridors are not available, safe, technically feasible, or the
environmentally preferred route for the proposed new pipeline; and
d. When a new pipeline route is proposed, it is environmentally preferable to all
feasible alternative routes; and,
e. When a new pipeline is proposed, the project's environmental review has analyzed
the cumulative impacts that might result from locating additional pipelines in that
corridor in a future; and
f. Concurrent or "shadow" construction has been coordinated with other pipeline
projects that are expected to be located in the same corridor where practical.
Sec. 35-290.5. Development Standards.
The following standards shall apply to all pipeline projects:
a. Except in an emergency, no materials, equipment, tools, or pipes shall be
delivered to or removed from a pipeline construction site through streets within
any residential zone district between the hours of 9:00 p.m. and 7:00 a.m. of the
next day.
b. After completion of back-filling and compacting of the pipeline ditch, the site shall
be returned to grade where practical and the excess soil shall be removed to an
appropriate disposal site.
c. During construction of the pipeline, there shall be no permanent blocking of
surface drainages.
d. A pipeline corridor shall be sited so as to avoid significant impacts to resources
( e.g., aquatic habitats, archaeological areas) to the maximum extent feasible.
e. Where pipeline segments carrying hydrocarbon liquids pass through sensitive
resource areas (e.g., aquatic habitats) as identified by the project environmental
review, provisions identified in the environmental review shall be applied to
minimize the amount of liquids released in the sensitive areas in the event of a
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spill. The potential for damage in those areas shall be minimized by considering
spill volumes, duration, and trajectories in the selection of a pipeline corridor. In
addition, appropriate measures for spill containment and cleanup (e.g., catch
basins to contain a spill) shall be included as part of the required emergency
response plan.
f. Permits for new pipeline construction shall require engineering of pipe placement
and burial within a corridor to minimize incremental widening of the corridor
during subsequent pipeline projects, unless the proposed route is determined to
be unacceptable for additional pipelines. (Amended by Ord. 3584 08/25/86)
2. In addition, the following standards may be applied to the extent deemed necessary
by the Planning Commission.
a. A performance security shall be provided in an amount sufficient to ensure
completion of all requirements of the approved revegetation and restoration plan
and shall be released upon satisfactory completion.
b. Disturbed areas shall be jointly inspected by the applicant and County staff one
( 1) year after completion of construction to assess the effectiveness of the
revegetation and restoration program. This inspection shall continue on an
annual basis to monitor progress in returning the site to pre-construction
conditions or until no additional monitoring is deemed necessary to the Planning
and Development Department. Inspection results shall be submitted annually to
the Planning and Development Department, and additional treatment of the site
will be applied as deemed necessary by said department.
c. Above ground sections of the pipeline and related facilities excepting those
emplaced on a temporary basis for a testing period not to exceed one (1) year,
shall be visually compatible with the present and anticipated surrounding by use
of any or all of the following measures where applicable: buffer strips;
depressions, natural or artificial; screen planting and landscaping continually
maintained; and camouflage and/or blending colors.
d. Proposed facilities shall be designed and housed such that the noise generated by
the facilities as measured at the property boundaries shall be equal to or below
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the existing noise level of the surrounding area except under temporary testing or
emergency situations. Measures to reduce adverse impacts (due to noise,
vibration, etc.) to the maximum extent feasible shall be used for facilities located
adjacent to noise sensitive locations as identified in the Comprehensive Plan Noise
Element.
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Attached 2nd Units
Sec. 35-291. Attached Second Residential Units.
Sec. 35-291.1. Purpose and Intent
The purpose of this section is to establish procedures and standards for Attached
Residential Second Units pursuant to ~65852.2 of the California Government Code. The
intent is to encourage a more efficient use of single family, Residential Ranchette and
Agricultural zone districts where because of the decrease in household size as a result of
changing social patterns, homes are being underutilized. Attached Residential Second Units
provide housing opportunities for the varying needs of the elderly, low-income and other
economic groups. The intent is also to ensure a safe and attractive residential environment
by promoting high standards of site development to preserve the integrity of single family,
Agricultural and Rural Residential areas. (Amended by Ord. 4128, 11/16/93)
Sec. 35-291.2. Applicability.
Section 35-291. shall apply to the R-1/E-1, EX-1, RR, AG-I-5, AG-I-1O and AG-I-20 zone
districts only. (Added by Ord. 4184, 3/14/95)
Sec. 35-29 1 .3 . Submittal Requirements.
As many copies of a Land Use Permit application as may be required shall be
submitted to the Planning and Development Department. In addition to the information
contained within the Land Use Permit application, the following information shall be
submitted:
1. A floor plan drawn to scale of the principal structure and the Attached Residential
Second Unit.
2. Documentation ven~ing that the principal structure is owner-occupied.
3. The proposed method of water supply and sewage disposal for the Attached
Residential Second Unit, including `tcan and will serve" letters from a public sewer or
water district or an existing mutual water company, where appropriate. (Amended by Ord.
4128, 11/16/93)
Sec. 35-291.4. Bxclusion Areas.
1. Because of the adverse impact on the public health, safety, and welfare, Attached
Residential Second Units shall not be permitted in areas designated as Special
Problems Areas, or any other Special Problem Areas designated by the Board of
Supervisors, as subsequently amended from time to time based upon the finding that
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Special Problems Areas by definition are areas having present or anticipated flooding,
drainage, grading, soils, geology, road width, access, sewage disposal, water supply,
location or elevation problems.
Sec. 35-291.5. Density/Lot Size.
The minimum lot size on which Attached Residential Second Units may be placed
shall be 7,000 square feet, except that for parcels legally created prior to June 2, 1966,
the minimum net lot size on which Attached Residential Second Units may be located
shall be 6,000 square feet. (Amended by Ord. 4128, 11/16/93)
2. For the specified ranges in lot sizes the maximum second unit size for new units shall
not exceed the following standards. (Added by Ord. 4128, 11/16/93)
Lot Size Maximum 2nd Unit Size
(Net Lot Area) (Gross Floor Area)
7,000-9,999 400 sq. ft.
10,000-19,999 sq. ft. 600 sq. ft.
20,000-1 acre 800 sq. ft.
over one acre 1,000 sq. ft.
3. The maximum size of second units built and first occupied prior to December 16, 1993
may exceed the limits shown in the right-hand column of the preceding table by up to
twenty percent (20%). It is the responsibility of the applicant to provide sufficient
evidence to Planning & Development documenting the date on which the second unit
was first occupied. See Section 35-291.10 (Expiration) for termination date of this
standard. (Added by Ord. 4184, 3/14/95)
4. No more than one Attached Residential Second Unit shall be permitted on any one
lot. If a Detached Residential Second Unit exists or has current approval on a parcel,
an Attached Residential Second Unit may not also be approved. (Amended by Ord. 4128,
11/16/93)
5. The gross floor area of the Attached Residential Second Unit shall not exceed one
thousand (1000) square feet. (Added by Ord. 4128, 11/16/93)
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6. Existing second units built and first occupied prior to December 16, 1993 of up to
twelve hundred (1200) square feet may be approved as provided above in Sec.
35-291.5.3. (Added by Ord. 4184, 3/14/95)
Sec. 35-291.6. Development Standards.
The following standards shall apply to all Attached Residential Second Units.
The Attached Residential Second Unit shall be consistent with the provisions of the
applicable zoning district and the goals and policies of the Comprehensive Plan.
Pursuant to Gov't C. § 65852.2(a)(4), the County finds that Attached Residential
Second Units are consistent with the allowable density and with the general plan and
zoning designation provided the units are located on properties with R-1, B-i, BX-1,
RR, AG-I-5, AG-I-1O, or AG-I-20 zoning designations.
2. The lot shall contain an existing single family detached unit at the time an application
for an Attached Residential Second Unit is submitted or the application for the second
unit shall be in conjunction with the principal unit.
3. The owner of the lot shall reside on said lot, in either the principal structure or in the
Attached Residential Second Unit. Prior to zoning clearance, the owner-occupant shall
sign a recorded agreement with the County of Santa Barbara requiring that the owner
reside on the property. Upon resale of the property, the new owner shall reside on
the property or the use of the Attached Residential Second Unit shall be discontinued
and converted into a portion of the principal structure. (Amended by Ord. 4184, 3/14/95)
4. The Attached Residential Second Unit shall be located within the living area of the
principal dwelling, or if an increase in floor area is requested, it shall not exceed thirty
percent (30%) of the existing living area. The floor area of the garage may be
included in the calculation of existing living area provided the garage is to be converted
to living area as part of the same permit to allow the attached residential second unit.
(Amended by Ord. 4184, 3/14/95)
5. The minimum gross floor area of an Attached Residential Second Unit shall be three
hundred (300) square feet. (Added by Ord. 4128, 11/16/93)
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6. The total gross floor area of all covered structures, including an attached second unit,
shall not exceed forty percent (40%) of the gross lot area. (Added by Ord. 4]28, 11/16/93)
7. An Attached Residential Second Unit shall not exceed 16 feet in height. However, this
height limitation may be exceeded when the Attached Residential Second Unit is
wholly contained within the pnmary dwelling. (Amended by Ord. 4184, 3/14/95)
8. The Attached Residential Second Unit shall have a separate entrance.
9. An Attached Residential Second Unit shall not be permitted on a lot in addition to a
guest house, dwellings other than the primary dwelling determined to be non-
conforming as to use, or farm employee housing. If an Attached Residential Second
Unit has been approved on a lot, a guest house or similar structure may not
subsequently be approved unless the Attached Residential Second Unit is removed.
(Amended by Ord. 4184, 3/14/95)
10. The Attached Residential Second Unit shall contain separate kitchen and bathroom
facilities.
1 1. As an advisory, the County Building & Safety Division will require that the Attached
Residential Second Unit shall be equipped with approved smoke detectors conforming
to the latest Uniform Building Code standards, mounted on the ceiling or wall at a
point centrally located in an area giving access to rooms used for sleeping purposes.
(Amended by Ord. 4184, 3/14/95)
12. In addition to the required parking for the principal structure a minimum of one
off-street parking space shall be provided for each bedroom in the Attached
Residential Second Unit: studio units shall provide one off-street space. The
additional parking shall be provided as specified in the base zone district and in
DIVISION 6, PARKING REGULATIONS. The Director may grant modifications to
allow the additional parking required by these provisions to be located within the
setbacks based on a finding that, because of the topography of the site and the
location of the principal structure on the site, the setback requirements cannot be met.
In no case shall the number of additional parking spaces required for new units be
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GBN. REGS.
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reduced, nor shall any modification be granted to allow parking within the front
setback area. (Amended by Ord. 4184, 3/14/95)
13. The Director may grant a modification to reduce the off-street parking requirement
by one space for existing units with two or more bedrooms, provided that such units
were built and first occupied prior to December 16, 1993. It is the responsibility of the
applicant to provide sufficient evidence to Planning & Development documenting the
date on which the second unit was first occupied. See Section 35-291.10 (Expiration)
for the termination date of this ability to make modifications. (Added by Ord. 4184, 3/14/95)
14. If the principal structure is currently serviced by a public sewer or water district or an
existing mutual water company, not subject to moratorium for new connections, the
Attached Residential Second Unit shall be serviced by the appropriate district or
company. If the principal structure is currently serviced by a water district or an
existing water company subject to a moratorium for new connections, or if the existing
service is by a private well or private water company, and if the property is not located
in an overdrafted water basin, the Attached Residential Second Unit may be served
by a private well or private water company subject to Health Department review and
approval. If the principal structure is currently serviced by a public sewer district
subject to moratorium for new connections, or if the existing service is by a private
septic system, the Attached Residential Second Unit may be served by a private septic
system subject to Health Department review and approval. Where public sewer or
water service is available, the Attached Residential Second Unit shall be required to
be serviced by the appropriate district.
15. If public services are required, prior to the zoning clearance, the applicant of the
Attached Residential Second Unit shall be required to provide documentation from
the appropriate public service providers that water and sewer service will be provided.
(Amended by Ord. 4184, 3/14/95)
16. Upon approval of an attached residential second unit on a lot, the lot shall not be
further divided unless there is adequate land area to divide the lot consistent with the
applicable Comprehensive Plan and zoning designation.
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GBN. REGS.
Attached 2nd Units
17. The Attached Residential Second Unit shall not be sold or financed separately from
the principal structure.
18. Where there are conflicts between the standards set forth in this section and those set
forth in the Specific District Regulations, the provisions of this section shall prevail.
19. Prior to the issuance of zoning clearance for the Attached Residential Second Unit,
the applicant shall pay to the County of Santa Barbara Parks Department a fee for the
purpose of providing park and recreational facilities to serve the Attached Residential
Second Unit. The amount of this fee shall be determined as specified in Board
Resolutions 88-328, or any subsequent amendment. (Amended by Ord. 4128, ]]/]6/93)
20. The Director may add other conditions, consistent with general law and applicable
State and County standards , as necessary to preserve the health, safety, welfare and
character of the residential neighborhood or agricultural area. (Added by Ord. 4128,
11/16/93)
Sec. 35-291.7. Noticing. (Added by Ord. 4128, 11/16/93)
The Director shall give notice of approval, including any granted modifications,
pursuant to Section 35-326; however, a public hearing shall not be required.
Sec. 35-291.8. Appeals.
Decisions of the Director approving, conditionally approving, or denying applications
for Attached Residential Second Units are final, subject to appeal to the Planning
Commission in accordance with Procedures set forth in DIVISION 11, Section 35-327.
(Appeals).
Sec. 35-291.9. Revocation.
As provided in DIVISION 10, Section 35-314.7. (Land Use Permits - Revocation).
Sec. 35-291.10. Expiration.
Sections 35-291.5.3 and 35-291.6.13, of this ordinance shall expire on March 7, 1997,
unless, after a public noticed hearing on the results of these amendments, the Board adopts
an extension to June 30, 1999. (Added by Ord. 4184, 3/14/95)
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Detached 2nd Units
Sec. 35-291A. Detached Residential Second Units. (Added by Ord. 4]28, ]]/]6/93)
Sec. 35-291A.1. Purpose and Intent.
The purpose of this section is to establish procedures and standards for Detached
Residential Second Units, pursuant to ~ 65852~2 of the California Government Code. The
intent is to encourage a more efficient use of single family, Residential Ranchette and
Agricultural zone districts where, because of the decrease in household size as a result of
changing social patterns, homes are being underutilized. Detached Residential Second Units
provide housing opportunities for the varying needs of the elderly, affordable income
households and other economic groups. The intent is also to ensure a safe and attractive
residential environment by promoting high standards of site development to preserve the
integrity of single family, Residential Ranchette and Agricultural areas.
Sec. 35-291A.2. Applicability.
Section 35-291A. shall apply to the R-1, B-i, BX-1, RR-5, RR-1O, RR-15, RR-20,
AG-I-5, AG-I-1O and AG-I-20 zone districts only.
Sec. 35-291A.3. Submittal Requirements.
As many copies of a Minor Conditional Use Permit (CUP) application as may be
required shall be submitted to the Planning and Development Department. In addition to
the information contained within the CUP application, the following information shall be
submitted:
a) A floor plan drawn to scale of the principal structure and the Detached
Residential Second Unit.
b) Documentation speci~ing that the principal structure is owner-occupied.
c) The proposed method of water supply and sewage disposal for the Detached
Residential Second Unit, including t1can and will serve" letters from a public sewer
or water district or an existing mutual water company, where appropriate.
Sec. 35-291A.4. Exclusion Areas.
1. Because of the adverse impact on the public health, safety, and welfare, Detached
Residential Second Units shall not be permitted in areas designated as Special
Problems Areas, or any other Special Problem Areas designated by the Board of
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GEN. REGS.
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Supervisors , as subsequently amended from time to time based upon the finding that
Special Problems Areas by definition are areas "having present or anticipated flooding,
drainage, grading, soils, geology, road width, access, sewage disposal, water supply,
location or elevation problems. II
Sec. 35-291A.5. Density/Lot Size.
The minimum net lot size on which a Detached Residential Second Units may be
placed shall be 10,000 square feet.
2. For the specified ranges in lot sizes, the maximum second unit size for new units shall
not exceed the following standards. (Amended by Ord. 4]84, 3/14/95)
Lot Size Maximum 2nd Unit Size
(Net Lot Area) (Gross Floor Area)
10,000-19,999 sq. ft. 600 sq. ft.
20,000-1 acre 800 sq. ft.
over one acre 1,000 sq. ft.
3. The maximum size of second units built and first occupied prior to December 16, 1993
may exceed the limits shown in the right-hand column of the preceding table by up to
twenty percent (20%). It is the responsibility of the applicant to provide sufficient
evidence to Planning & Development documenting the date on which the second unit
was first occupied. See Section 35-291A.10 (Expiration) for termination date of this
ability to make modifications. (Added by Ord. 4184, 3/14/95)
4. No more than one Attached or Detached Residential Second Unit shall be permitted
on any one lot. If an Attached Residential Second Unit exists or has current approval
on a parcel, a Detached Residential Second Unit may not also be approved.
5. The minimum gross floor area of a Detached Residential Second Unit shall be three
hundred (300) square feet.
Sec. 35-291A.6. Development Standards.
The following standards shall apply to all Detached Residential Second Units.
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GEN. REGS.
Det d Units
Except as herein provided the Detached Residential Second Unit shall be consistent
with the provisions of the applicable base zone district and the goals, policies and
development standards of the Comprehensive Plan. Pursuant to Government Code.
~65852.2(a)(4), the County finds that Detached Residential Second Units are consistent
with the allowable density and with the Comprehensive Plan designation and zoning
district provided the units are located on properties zoned R-1, E-1, BX-1, RR-5,
RR-1O, RR-15, RR-20, AG-I-5, AG-I-1O and AG-I-20.
2. The lot shall contain an existing single family dwelling at the time an application for
a Detached Residential Second Unit is submitted, or the application for the second
unit shall be in conjunction with the principal unit.
3. The owner of the lot shall reside on said lot, either in the principal structure or in the
Detached Residential Second Unit. The owner-occupant shall sign a recorded
agreement with the County of Santa Barbara requiring that the owner reside on the
property. Upon resale of the property, the new owner shall reside on the property or
the use of the Detached Residential Second Unit shall be discontinued and the second
unit shall be removed or converted to a legal use.
4. The gross floor area of a Detached Residential Second Unit shall not exceed one
thousand (1000) square feet.
5. Existing second units built and first occupied prior to December 16, 1993 of up to
twelve hundred (1200) square feet may be approved as provided above in Sec.
35-291A.5.2 and Sec. 35-291A.5.3. (Added by Ord. 4184, 3/14/95)
6. The total gross floor area of all covered structures, including a Detached Residential
Second Unit, shall not exceed forty percent (40%) of the gross lot area.
7. A Detached Residential Second Unit shall not exceed 16 feet in height. The second
unit may be permitted as part of another detached structure, provided that the height
of the second unit shall not exceed 16 feet and that the height of the entire structure
shall not exceed 25 feet. (Amended by Ord. 4184, 3/14/95)
8. A Detached Residential Second Unit shall not be permitted on a lot in addition to a
guest house, dwellings other than the pnmary dwelling determined to be non-
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conforming as to use, or farm employee housing. If a Detached Residential Second
Unit exists or has current approval on a lot, a guest house or similar structure may not
also be approved unless the Detached Residential Second Unit is removed. (;4rnended
by Ord. 4184, 3/]4/95)
9. A Detached Residential Second Unit shall contain its own kitchen and bathroom
facilities.
10. As an advisory, the County Building & Safety Division will require that the Detached
Residential Second Unit shall be equipped with approved smoke detectors conforming
to the latest Uniform Building Code standards, mounted on the ceiling or wall at a
point centrally located in an area giving access to rooms used for sleeping purposes.
(Amended by Ord. 4184, 3/]4/95)
11. In addition to the required parking for the principal structure a minimum of one
off-street parking space shall be provided for each bedroom in the Detached
Residential Second Unit; studio units shall provide one off-street space. The
additional parking shall be provided as specified in the base zone district and in
DIVISION 6, PARKING REGULATIONS. The Zoning Administrator may grant
modifications to allow the additional parking required by these provisions to be located
within the setbacks based on that a finding that, because of the topography of the site
and the location of the principal structure on the site, the setback requirements cannot
be met. In no case shall the required number of additional parking spaces for new
units be reduced, nor shall any modification be granted to allow parking within the
front setback area. However, the Director may grant a modification to reduce the off-
street parking requirement by one space for existing units with two or more bedrooms,
provided that such units were built and first occupied prior to December 16, 1993. It
is the responsibility of the applicant to provide sufficient evidence to Planning and
Development documenting the date on which the second unit was first occupied. See
Section 35-291.9 (Expiration) for the termination date of this ability to make
modifications. (Amended by Ord. 4]84, 3/]4/95)
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12. If the pnncip~ structure is currently serviced by a public sewer or water district or an
existing mutual water company, not subject to moratorium for new connections, the
Detached Residential Second Unit shall be serviced by the appropriate district or
company. If the principal structure is currently serviced by a water district or an
existing water company subject to a moratorium for new connections, or if the existing
service is by a private well or private water company, and if the property is not located
in an overdrafted water basin, the Detached Residential Second Unit may be served
by a private well or private water company subject to Health Department review and
approval. If the principal structure is currently serviced by a public sewer district
subject to moratohum for new connections, or if the existing service is by a private
septic system, the Detached Residential Second Unit may be served by a private septic
system subject to Health Department review and approval. Where public sewer or
water service is available, the Detached Residential Second Unit shall be required to
be serviced by the appropriate district. (Added by Ord. 4184, 3/14/95)
13. If public services are required, prior to the Zoning Administrator hearing, the applicant
of the Detached Residential Second Unit shall be required to provide documentation
from the appropriate public service providers that water and sewer service will be
provided. (Amended by Ord. 4184, 3/14/95)
14. Upon approval of a Detached Residential Second Unit on a lot, the lot shall not be
further divided unless there is adequate land area to divide the lot consistent with the
applicable Comprehensive Plan designation and zone district.
15. The development of a Detached Residential Second Unit shall avoid or minimize
significant impacts to biological resources to the maximum extent feasible as follows:
a. Site development shall include buffers from sensitive habitats; and,
b. Natural features, landforms, and native vegetation, such as trees, shall be
preserved to the maximum extent feasible.
16. The Detached Residential Second Unit shall not be sold or financed separately from
the principal structure.
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GEN. RBGS.
Detached 2nd Units
17. The Detached Residential Second Unit shall avoid prime soils and where there are no
prime soils, be sited so as to minimize impacts to ongoing farm related activities.
18. Where there are conflicts between the standards set forth in this Section and those set
forth in the specific district regulations, the provisions of this Section shall prevail.
19. Prior to the issuance of zoning clearance for a Detached Residential Second Unit, the
applicant shall pay to the County of Santa Barbara Parks Department a fee for the
purpose of providing park and recreational facilities to serve the Detached Residential
Second Unit. The amount of this fee shall be determined as specified in Board
Resolution 88-328, or any subsequent amendment.
20. The Zoning Administrator may add other conditions, consistent with general law and
applicable State and County standards, as necessary to preserve the health, safety,
welfare and character of the residential neighborhood.
Sec. 35-291A.7. Findings of Approval.
In addition to the findings under DIVISION 10, Section 35-315 (Conditional Use
Permits), prior to the approval of any Detached Residential Second Unit, the Zoning
Administrator shall make all of the following findings:
1. The Detached Residential Second Unit is compatible with the design of adjacent
residences and the surrounding neighborhood and will not cause excessive noise
traffic, parking or other disturbance to the existing neighborhood.
2. Provisions for on-site parking are adequate for existing and proposed uses.
3. The Detached Residential Second Unit will not:
a. Substantially change the character, or
b. Cause a concentration of second units sufficient to change the character of the
neighborhood in which it is located.
4. The Detached Residential Second Unit does not significantly infringe upon the privacy
of the surrounding residents.
5. That the proposal conforms to the development standards in Section 35-291A.6.
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GEN. REGS.
Detached 2nd Units
Sec. 35-291A.8. Appeals
Decisions of the Zoning Administrator approving, conditionally approving, or denying
applications for Detached Residential Second Units are fine, subject to appeal to the Board
of Supervisors in accordance with Procedures set forth in DIVISION 1 1, Section 35-327
(Appeals).
Sec. 35-291A.9. Revocation.
As provided in DIVISION 10, Section 35-315.10 (Conditional Use Permits -
Revocation).
Sec. 35-291A.1O. Expiration.
Sections 35-291A.5.3 and 35-291A.6.12 of this ordinance shall expire on March 7, 1997,
unless, after a public noticed hearing on the results of these amendments, the Board
adopts an extension to June 30, 1 999. (Added by Ord. 4184, 3/14/95)
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GEN. REGS.
Historic Parks
Sec. 35-292. Historical Parks (Amended by Ord. 3496, 03/04/85)
The application shall include a statement as to the specific intent of the project, e.g.,
restore period architecture and demonstrate architectural features. A report from a
qualified historical preservation specialist or consultant designated by the Santa
Barbara County Historical Landmarks Advisory Committee of the State Office of
Historical Preservation as appropriate for the project shall be approved by the
Planning Commission. The report shall demonstrate the historical significance of the
proposed uses or structures and the way in which they accomplish or further the
historical intent of the project.
2. All structures, whether original or replica, and pnmary uses shall be consistent with the
historical theme as to scale, character, color scheme, accessory treatment, landscaping,
signage, physical setting, etc.
3. Historical structures may be expanded by no more than fifteen (15) percent of the
gross floor area as necessary to meet State and structural code requirements (e.g.,
UBC, UPC)., The Planning Commission may grant a modification to this standard to
permit one historical structure to be expanded by up to forty (40) percent of its gross
floor area. Expansion based upon restoration to pre-existing size from present size
shall not be defined as expansion under the percentage increases. All proposed
modifications shall be subject to review by the Santa Barbara County Historical
ILandmark Advisory Committee and the Santa Barbara County Board of Architectural
Review.
4. Accessory uses, including commercial uses, may be permitted provided they are
determined to be customarily incidental to, secondary to, and supportive of the
historical intent of the project. Typical accessory commercial uses may include a gift
shop, cafe, etc. Accessory commercial uses may occupy historical structures as long
as the other standards in this section are met. Typical occupying uses could include
a restaurant, gift shop, antique shop, craft shops, florist, and other light commercial
uses that the Planning Commission finds are of similar character. Other general
commercial uses such as overnight lodging facilities, supermarkets, offices, etc., shall
not be permitted.
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5. In all historical parks:
a. All structures shall meet the eligibility requirements for Historical Landmark
status as determined by Santa Barbara County Historical Landmarks Advisory
Committee as provided in County Ordinance No.1716.
b. All structures shall be authentic, historical structures.
c. A majority of each structure's gross floor area shall be devoted to non-commercial
educational or historical displays or exhibits. If a modification is granted to one
building, then thirty-five (35) percent of that building's gross floor area shall be
devoted to non-commercial educational or historical displays or exhibits in
addition to a majonty of the remaining buildings' gross square footage.
6. Emphasis shall be placed on developing historical parks within Urban areas. However,
historical Parks may be developed in Inner Rural or Rural areas pursuant to a finding
that there is adequate access to the site which will not adversely affect other permitted
uses in the area and that the project is compatible with the scale and character of
other development in the area, and that the amount and type of commercial use
proposed does not compromise nor detract from the historical appearance and quality
of the park. When located in Rural or Inner Rural areas, the historical park shall be
compatible with any surrounding agricultural use.
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272 May 1994
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Sec. 35-292a. Family Dav Care.
Sec. 35-292a.1. Small Family Day Care Homes
Small Family Day Care Homes shall be considered a residential use pursuant to this
Article, provided that the provider has obtained a license or a statement of exemption from
licensing requirements from the California State Department of Social Services pursuant to
Health and Safety Code Section 1597.51.
Sec. 35-292a.2. Large Family Day Care Homes
Large Family Day Care Homes shall be considered a residential use pursuant to this
Article, provided that prior to the issuance of a land use permit, the Zoning Administrator
shall make the following findings:
1. The provider has obtained a license or a statement of exemption from licensing
requirements from the California State Department of Social Services pursuant
to Health and Safety Code Section 1597.51.
2. The property is located more than three hundred (300) feet from any other Large
Family Day Care Home and approval will not result in overconcentration.
3. The noise level, including noise generated by the children, is consistent with the
noise element of the Comprehensive Plan.
The approval of Large Family Day Care Homes pursuant to this Section shall be
deemed a ministerial action which is exempt from the California Environmental Quality Act.
Notice shall be given of the proposed use at least ten (10) days prior to the date of the
Zoning Administrator's decision to all owners shown on the last equalized assessment roll
as owning real property within a three hundred (300) foot radius of the extenor boundaries
of the proposed Large Family Day Care Home. No hearing on the application shall be held
unless a hearing is requested by the applicant or other affected person. The Zoning
Administrator's decision may be appealed to the Board of Supervisors pursuant to the
provisions of Section 35-327.3.
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GEN. REGS.
Ridgeline & Hillside
Sec. 35-292b. Ridgeline and Hillside Development Guidelines. (Amended by Ord. No.3715,
08/08/88)
Sec. 35-292b.1. Purpose and Intent
The purpose of this section is to provide for the visual protection of the County's
ridgelines and hillsides by requiring the Board of Architectural Review to review all
proposed structures within the areas defined under Sec. 35-292b.2., in terms of the guidelines
as outlined in Sec. 35-292b.3. The intent of this section is to encourage architectural designs
and landscaping which conform to the natural topography on hillsides and ridgelines.
Sec. 35-292b.2. Applicability
All structures proposed to be constructed in any zone district where there is a 16 foot
drop in elevation within 100 feet in any direction from the proposed building footprint shall
be reviewed by the Board of Architectural Review, for conformity with the Development
Guidelines, as set forth in Sec. 35-292b.3.
Sec. 35-292b.3. Development Guidelines
The Board or Architectural Review shall have the discretion to interpret and apply the
Ridgelines and Hillside Guidelines.
Urban Areas:
a. The height of any structure should not exceed 25 feet wherever there is a 16 foot
drop in elevation within 100 feet of the proposed structure's location. (See
definition of building height)
b. Proposed structures should be in character with adjacent structures.
c. Large understories and exposed retaining walls should be minimized.
d. Landscaping should be compatible with the character of the surroundings and the
architectural style of the structure.
e. Development on ridgelines shall be discouraged if suitable alternative locations
are available on the parcel.
Rural and Inner Rural Areas:
a. The height of any structure should not exceed 16 feet wherever there is a 16 foot
drop in elevation within 100 feet of the proposed structural location.
b. Building rake and ridge line should conform to or reflect the surrounding terrain.
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C. Materials and colors should be compatible with the character of the terrain and
natural surroundings of the site.
d. Large, visually unbroken and/or exposed retaining walls should be minimized.
e. Landscaping should be used to integrate the structure into the hillside, and shall
be compatible with the adjacent vegetation.
f. Grading shall be minimized, in accordance with the Comprehensive Plan Goals.
g. Development on ridgelines shall be discouraged if suitable alternative locations
are available on the parcel.
Exemptions:
In order for a proposed structure to be exempted from these guidelines, the BAR or
Planning and Development Department (RMD), as stipulated below, must make one or
more of the following findings:
1. Due to unusual circumstances, strict adherence to these guidelines would inordinately
restrict the building footprint or height below the average enjoyed by the
neighborhood. For example, significant existing vegetation, lot configuration,
topography or unusual geologic features may necessitate exceeding the height limit in
order to build a dwelling comparable to other structures in the neighborhood. (BAR
Finding)
2. In certain circumstances, allowing greater flexibility in the guidelines will better serve
the interests of good design, without negatively affecting neighborhood compatibility
or the surrounding viewshed. (BAR Finding)
3. The proposed site in on or adjacent to a minor topographic variation (i.e., gully), such
that the 16 foot drop in elevation is not due to a true ridgeline or hillside condition.
(RMD Finding)
4. Windmills and water tanks for agricultural purposes are exempt. (RMD Finding)
5. Poles, towers, antennas, and related facilities of public utilities used to provide
electrical, communications or similar services. (RMD Finding)
(Amended by OTd. 3997, 2/21/92)
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275 M~y 1994
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GEN. REGS.
Local Design Standards
Sec. 35-292c. Local Design Standards
Local design standards for a particular community, area, or district may be developed
as part of or independently of a County-processed Community/Area ian. Such standards
would serve to provide further guidance in the review of projects for a specific community
or area, beyond those Countywide standards or findings contained in Sec. 35-329 (Board of
Architectural Review) of this Article. The following procedures shall be followed in
adopting local design standards:
(1) The County Board of Architectural Review (BAR) shall review proposed local design
standards at a draft stage. The BAR shall provide comments on the draft local design
standards as to their consistency with Countywide standards or findings, as provided
in Sec. 35-329 (Board of Architectural Review), as well as their overall utility and
effectiveness. These comments shall be incorporated into the draft local standards by
appropriate County staff or representatives.
(2) The Planning Commission shall hold a hearing to review the proposed local design
standards and shall transmit its action to the Board of Supervisors in the form of a
written recommendation.
(3) The Board of Supervisors shall hold a hearing to review and adopt the proposed local
design standards. This hearing may be held in conjunction with an overall
Community/Area Plan adoption. The manner of adoption of local design standards
( e.g., by ordinance, resolution) shall be at the discretion of the Board of Supervisors.
Adoption of local design standards shall constitute a directive for the County Board
of Architectural Review to utilize said standards in review of projects located in the
applicable local community, area, or district. Adoption of local design standards shall
not constitute a granting of any formal authority to any local design review board not
otherwise granted by appropriate legal mechanism.
(Amended by Ord. 3998, 2/21/92)
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GEN. REGS.
Appi. in Juhsdiction
of More Than One
Decisionmaker
Sec. 35-292d. Applications that are Within the Jurisdiction of More Than One Final
Decision Maker.
When two or more applications are submitted that relate to the same development
project and the individual applications would be under the separate jurisdiction of more than
one decision-maker, all applications for the project shall be under the jurisdiction of the
decision-maker with the highest jurisdiction as follows in descending order:
1. Board of Supervisors
2. Planning Commission
3. Zoning Administrator
4. Director
If the Board of Supervisors is the decision-maker for a project, due to a companion
discretionary application(s) (e.g., a Development Plan and a Rezone), then the Planning
Commission shall make an advisory recommendation to the Board of Supervisors on each
project. (;4mended by Ord. 4228, 6/18/96)
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GEN. REGS.
Hazardous Waste Generators
Sec. 35-292e. Hazardous Waste Generators. (Added by Ord. 4052, 5/19/92)
Sec. 35-292e.1. Purpose and Intent
The purpose of this section is to implement certain policies of the County's Hazardous
Waste Element, by requiring hazardous waste generators to incorporate waste minimization
and emergency response considerations into their uses and developments. The intent is to
require generators to submit a Waste Minimization Plan and incorporate waste minimization
techniques where technically and economically feasible; and comply with Environmental
Health Services Department Generator Permit Program and prepare an emergency response
plan where required by Chapter 6.95 of the California Health and Safety Code.
Sec. 35-292e.2. Applicability.
The provisions of this section apply to any activity for which a Land use Permit or
Home Occupation Permit is required that is undertaken by a person or business who is or
will be a generator of hazardous waste.
Sec. 35-292e.3. Requirements.
1. As part of the application for a land use permit, the applicant shall submit a Waste
Minimization Plan.
2. All new or modified land use permits shall incorporate waste minimization techniques
to the maximum extent economically and technically feasible.
3. Prior to issuance of a land use permit, the applicant shall have an approved Generator
Permit from the County Environmental Health Services Department, or an accepted
application for a Generator Permit.
4. Prior to operations, any land use permit shall require submittal of a Business Plan, if
such a plan is required under Chapter 6.95 (section 25500 et. seq.) of the California
Health and Safety Code.
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Sec. 35-292f. Density Bonus for Affordable Housing Projects. (Added by Ord. 4128, 11/16/93)
Sec. 35-292f.1. Purpose and Intent
The purpose of this Section is to implement Housing Element Policy 1.1 (Density
Bonus) and the State mandated Density Bonus Program (Government Code Section 65915-
65918 or successor statute(s)). The intent of the Density Bonus Program is to provide
incentives to developers to produce lower income housing units.
Sec. 35-292f.2. Eligibility for Density Bonus Program.
A new housing development of five or more dwelling units (excluding any density
bonus units) is eligible for the Density Bonus Program and is considered a "qualifying
housing development" if it complies with the requirements of this Section and falls within
one or more of the subcategories listed pursuant to Government Code Section 65915-65918
or successor statutes.
a. At least 20 percent of the dwelling units are targeted for sale or rent to low
income households (as defined in the Housing Guidelines). The Density Bonus
shall not be included when determining the number of housing units which is
equal to 20 percent of the total units.
b. At least 10 percent of the dwelling units are targeted for sale or rent to very low
income households (as defined in the Housing Guidelines). The Density Bonus
shall not be included when determining the number of housing units which is
equal to 10 percent of the total units.
c. At least 50 percent of the dwelling units are specifically designed and targeted for
sale or rent to persons who are "qualifying residents" as defined in California Civil
Code Section 51.2 and 51.3. The density bonus shall not be included when
determining the number of housing units which is equal to 50 percent of the total
units.
Sec. 35-292f.3. Effect of the Density Bonus Program.
When a developer proposes a qualifying housing development within the jurisdiction
of the County, the County shall provide one of the two following development incentives:
a. A density bonus of 25 percent over the otherwise maximum allowable residential
density under the applicable zoning ordinance and land use designation, plus at
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GEN. REGS.
Density Bonus for
Affordable Housing
least one additional development incentive identified in Section 35-292e.4. The
additional incentive shall not be provided if the County makes the written finding
as required by Government Code Sec. 65915 (B)(3).
b. Other incentives of equivalent financial value based upon the land cost per
dwelling unit.
Sec. 35-292f.4. Development Incentives.
For purposes of this Section, development incentives include any of the following:
MODIFICATION OF DEVELOPMENT STANDARDS: A reduction in site
development standards or a modification of zoning requirements, including but not
limited to a reduction of the minimum open space requirement to 30%, allowing zero
side yard setbacks throughout the development, building height, distance between
buildings, setbacks, parking, building coverage, screening, or a reduction in
architectural design requirements which exceed minimum building code standards.
2. MIXED USE PROJECTS: The County shall financially subsidize a rezone to allow
mixed use development in conjunction with the housing project provided that the
commercial, office, or other land uses are compatible with the proposed housing
project and the existing development in the area.
3. ADDITIONAL DENSITY BONUS: The approval of a density bonus which is greater
than the maximum allowable density and may, when involved with standard density
bonus projects, exceed the standard 25% density increase.
4. FINANCIAL SUBSIDY: The provision of a below market rate loan or other financial
assistance by the County or by other public or private institutions in cooperation with
the County.
5. FAST TRACK PERMITTING: Subject to the provisions of the Fast Track permit
process as outlined in the Housing Guidelines.
6. MODIFIED FEE PAYMENT: Deferral, reduction or waiver of processing fees,
exactions or impact fees as approved by the Board of Supervisors.
7. MODIFICATION OF FACILITY REQUIREMENTS: Infrastructure facilities,
improvements and/or development or zoning standards normally required for
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GEN. REGS.
Density Bonus for
Affordable Housin
residential development may be modified by the decision-maker if deemed necessary
to ensure affordability of dwelling units or to provide additional developer incentives.
Sec. 35-292f.5 . Siting Criteria.
The following siting criteria shall apply to density bonus projects:
1. All uses of land shall comply with the regulations of the base zone district. In cases
where conflict occurs between the base zone district standards and the provisions of
the density bonus program, the provisions of the Density Bonus Program shall apply.
2. The site shall be located within the existing Urban Boundary Line as shown on the
Comprehensive Plan Map.
3. All units within the proposed development should be of similar architectural style. The
intent is to have the affordable units blend in with the proposed development.
4. All proposed development shall be sited to provide maximum access to public forms
of transportation.
5. Density Bonus projects shall be applied in areas served by municipal sanitary districts.
Sec. 35-292f.6. Processing of a Preliminary Density Bonus Request.
Consistent with Government Code p65915(d), prior to the submittal of a formal
application, an applicant may submit to the County a written preliminary proposal for a
density bonus project. The preliminary proposal shall contain the following information:
1. The Assessor's Parcel Number(s), gross and net acreage, land use and zoning
designations of the project site;
2. The total number of units proposed (not including the density bonus units);
3. The number of density bonus units requested;
4. The number of very low income, low income, lower- or upper-moderate and/or
`tqualif~ng residenttt units proposed;
5. Any additional incentive(s) requested;
6. Complete financial information and projections for the project. The County may
request and the applicant shall provide any additional information the County deems
necessary to determine the financial feasibility of the income restricted units. The
County may require the developer to pay for a review by an independent consultant
Article Ill- inIand~ning Ordinance
281 M~y 1994
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GEN. REGS.
Density Bonus for
Affordable Housing
to assist the County in determining whether certain development incentives are
necessary to make the income restricted units economically feasible.
7. A site plan in accordance with Section 35-314.3.1. (Land Use Permits).
Within 45 days of receipt of a complete written proposal, RMD shall notify the
developer in writing of 1) the types of incentives which may be recommended in order
to comply with this Section and 2) whether staff may support the granting of a density
bonus on the basis of required development standards and findings.
Sec. 35-292f.7. Processing of a Density Bonus Project.
A Density Bonus Project shall be processed in the same manner as a similar residential
project not requesting a density bonus, subject to the requirement for additional
information as specified in Section 35-292f.6.
2. The AH Overlay zone was established to provide density bonus and other incentives
for projects that provide a significant amount of affordable housing. Density bonuses
and other deveJopment incentives granted pursuant to the AH Overlay shall be
inclusive of, and not in addition to the development incentives required in this Section.
3. The density bonus may be transferred between one or more parcels for a development
project located within the boundaries of a planned development or specific plan. For
purposes of calculating a density bonus, the residential units may be based on more
than one subdivision map or parcel.
4. All density bonus projects shall record an affordable housing agreement and resale and
rental restrictive covenant, or such other document approved as to form by County
Counsel, on the title of the affordable units which outlines the sales and/or rental
prices for the various types of units to be established, provisions for the sale, resale,
renting and restrictions that will be applicable to the project and which ensure the
continued availability of units for purchase or occupancy by persons of very low, low,
lower-moderate and upper-moderate incomes. All affordable units shall be restricted
for a minimum of 30 years unless the County does not grant one additional incentive
listed in Section 35-292e.4, in which case the developer shall agree to, and the County
shall ensure, continued affordability for 10 years of all lower income housing units
receiving a density bonus (Government Code Section 65915.C.).
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282 May 1994
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GEN. REGS.
Affordable Housing
Re~u1ations
~35-292. Affordable Housin Develo ment Re ulations. (Added by Ord. 4128, 11/16/93)
Sec. 35-292g.1. Purpose and Intent.
The purpose of this section is to allow modifications to standard development
regulations for qualified AH Overlay or Density Bonus affordable housing developments.
The intent is to encourage the development of affordable housing by providing alternative
standards to increase flexibility and innovative design
Sec. 35-292g.2. Applicability.
The provisions of this section shall apply to all qualified AH Overlay projects in the
Design Residential (DR) and Planned Residential Development (PRD) zone districts and
all qualified density bonus projects.
~35-292.3. Development Standards.
The following standards shall apply to all qualified AH Overlay projects in the Design
Residential (DR) and Planned Residential Development (PRD) zone districts and all
qualified density bonus projects.
1. One side yard setback per lot may be reduced from the standard requirement to a
zero setback. The width of any setback thereby reduced shall be applied to the
opposite side yard setback. In cases of corner lots, the side yard setback may be
reduced to zero with no additional setback requirement for the opposite setback
2. The total amount of common and/or public open space may be reduced to thirty (30)
percent of the gross acreage.
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DIVISION 8
ENERGY FACILITIES
Sec. 35-293. Purposeg Intent, and Applicability.
The purpose of this Division is to identify those energy facilities which are permitted
or conditionally permitted uses within the zoning districts governed by this Article and to set
forth specific regulations for those energy facilities.
In addition to these regulations, all projects shall comply with the requirements of the
County Air Pollution Control District and all other applicable governmental agencies.
Sec. 35-294. Definitions.
Unless otherwise defined within this Article, the definitions of energy and petroleum
related terms shall be those set forth in Section 25-3 of Chapter 25 of the Santa Barbara
County Code (Petroleum Ordinance).
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Sec. 35-295. ~DnHin and Production.
Sec. 35-295.1. Applicability.
The specific regulations contained within this section shall apply to all equipment,
buildings, and appurtenances necessary for the exploration and production of oil and gas
resources from an onshore area including:
1. The drilling of a new well.
2. Facilities for the production of oil and gas from a well.
3. Re-entering a previously abandoned well for the production of oil and gas.
4. Structures, equipment, or facilities necessary and incidental to the separation of oil,
gas, and water obtained from an onshore area (i.e., oil and gas separation plant).
5. Injection wells and incidental equipment necessary for enhanced oil recovery or
disposal of production wastes including equipment and facilities necessary for
waterflooding, steam injection, air injection, carbon dioxide injection, or introduction
of polymers or other agents.
6. Pipelines which are incidental to production operations.
7. Storage tanks necessary or incidental to oil and gas separation, or temporary storage
of separated hydrocarbons, and equipment for transfer of the produced hydrocarbons
to pipelines or tanker trucks.
8. Proposed access roads.
9. Oil spill containment and recovery equipment including central office space and
vehicles for the storage of floating oil/water separators, pumps, generators, hosing,
assorted absorbent materials, steam cleaners, storage tanks, and other land and wildlife
cleanup equipment.
10. Colocated treatment and processing facilities on the drill site in AG-Il, M-CR and M-2
districts determined by the Planning Commission to be incidental to proposed
production operations. (Amended by Ord. 3939, 9A~91)
For all districts in which oil and gas drilling and production is a permitted use or a use
permitted with a Conditional Use Permit, the district regulations shall be inapplicable
to said use.
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BNERGY FAC.
Oil Drill. & Prod.
Sec. 35-295.2. Permitted Districts.
Oil and gas drilling, production, and related facilities shall be permitted uses in the
following districts:
a. Agriculture II (AG-Il)
5. Coastal-Related Industry (M-CR) (Amended by Ord. 3939, 9/3/9])
c. General Industry (M-2)
2. Oil and gas drilling, production, and related facilities shall be permitted subject to a
Major Conditional Use Permit (Sec. 35-315.) in the following districts:
a. Agriculture I (AG-I)
b. Resource Management (RES)
c. Residential Ranchettes (RR)
d. Retail Commercial (C-2)
e. General Commercial (C-3)
f. Industnal/Research Park (M-RP)
g. Light Industry (M-1)
h. Recreation (REC) - ~ in County parks and subject to the requirements of Sec.
25-4 d. of the County Petroleum Ordinance
Sec. 35-295.3. Processing.
Only a Land Use Permit as set forth in Sec. 35-314. with the submittal requirements
as set forth in paragraph 2. below shall be required for oil and gas drilling which meet
all of the criteria listed below. A site visit may be conducted by the Planning and
Development Department to aid in the evaluation of the project
a. The project is located on Agriculture II (AG-Il), M-2 or M-CR zoned property
(Amended by Ord. 3939, 9/3/91).
b. The project is located within a state designated oil field.
c. The project is located no closer than 100 feet to the top of the bank of any
watercourse (shown as intermittent or perennial on U.S.G.S. 7.5 minute series
topographic maps) or 200 feet from the top of the bank of the Santa Ynez, Santa
Maria, Sisquoc, or Cuyama River.
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286 Replacement Page May 1995
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ENERGY FAC.
Oil Drill. & Prod.
d. The project is located no closer than 1000 feet to any district other than AG-Il,
M-2 or M-CR. (Amended by Ord. 3939, 9/3/9])
e. The project will not be located on, or cause disruption to, mapped historical or
archaeological sites as maintained by the Planning and Development Department
or identified during a site visit.
f. No treatment or processing facilities are proposed.
g. The project will not disturb mapped locations of rare or endangered species,
unusual or delicate habitats, prime examples of ecological communities, or
scientific study areas, as maintained by the Planning and Development
Department or identified during a site visit.
h. The project, if over one-half acre in site size, will not be located on prime
agricultural lands. However, the site size may be excee4ed during the period of
drilling operations but in no case longer than 90 days. After drilling is complete,
the site shall be restored for agricultural use. Prime agricultural land shall be
defined in this section as having a soil capability classification of I or II.
i. The project is not located within a Scenic Highway corridor as designated on the
Scenic Highway Element Map (GP-23).
j. No water flooding or steam injection using fresh groundwater for enhanced oil
recovery is proposed.
k. The project will not result in any other potentially significant adverse impacts
identified during a site visit.
For oil and gas drilling projects that do not meet all of the above criteria, an Oil
Drilling and Production Plan shall be required prior to the issuance of a Land Use
Permit, which includes environmental review and discretionary action by the
Planning Commission. The Oil Drilling and Production Plan shall be approved
in accordance with Sec. 35-319. (Oil Drilling and Production Plans).
2. When applying for a Land Use Permit under para. 1. above, the application submittal
requirements in Sec. 35-314.3. (Land Use Permits) shall be inapplicable and only the
following information shall be required as part of the Land Use Permit application.
Article I/A Inland Zoning Ordinance
May 1994
287 Replacement Page May 1995
PAGE 352 Show Image
ENERGY FAC.
Oil Drill. & Prod.
b. Name of the State Department of Oil and Gas designated oil field within which
the project is located, if any.
c. The type of facilities proposed, including any enhanced oil recovery facilities.
d. A U.S.G.S. map (7.5 minute series topographic) or facsimile showing the facility
site(s), lease boundaries, proposed roads and pipelines.
e. A plot plan, drawn to scale, showing the facility site(s), property lines, proposed
access roads, and water courses within 200 feet of the site(s).
f. Photographs of the site.
g. Any other reasonable information as deemed necessary by the Planning and
Development Department.
3. In the AG-Il, M-2 or M-CR districts, accessory equipment, excluding the installation
of water flooding or steam injection systems using fresh groundwater, incidental to
existing production facilities, shall not require Land Use Permits when the installation
of such equipment will not require grading or expansion of the site. (Amended by Ord.
3939, 9/3/91)
Sec. 35-295.4 Development Standards for Oil & Gas Drilling and Production.
The following standards shall apply to all projects:
a. In addition to the well spacing and setback requirements of Section 25-23 of the
County Code (Petroleum Ordinance), no oil or gas drilling or related facilities
shall be permitted within 500 feet of an occupied residence within a residential
or commercial zone district.
b. In order to minimize the area disturbed for drilling, the drill site shall not exceed
one (1) acre in size unless the Planning Commission (discretionary permits) or
Director (ministerial permits) finds that additional area is necessary.
c. Oil and gas production and related facilities shall be consolidated or colocated to
the maximum extent feasible in order to minimize the area of disturbance.
d. Grading and alteration of natural drainage patterns shall be minimized to
preserve the natural contour of the lands.
e. All lights shall be shielded so that all lighting is confined to the project site.
Article III Inland Zoning Ordinance
288 May 1994
PAGE 353 Show Image
f. Drilling or production operations which are within or adjacent to a residential or
commercial zone district shall not exceed a maximum daytime noise level of 65
dB(A) and shall not be conducted between the hours of 9:00 p.m. and 7:00 a.m.
of any day, unless all noise generating facilities are sufficiently insulated to reduce
the outside night time level to 50 dB(A) at or beyond the project property
boundary.
g. Production facilities shall be designed and housed such that the noise generated
by the facilities as measured at any noise sensitive location shall be equal to or
below the existing noise level of said location. Measures to reduce adverse
impacts (due to noise, vibration, etc.) to the maximum extent feasible shall be
used for facilities located adjacent to noise sensitive locations as identified in the
Comprehensive Plan Noise Element (i.e., use of electrical hydraulic surface
pumping units).
h. It is prohibited to operate trucks exceeding one and a half tons for use in oil and
gas operations between the hours of 9:00 p.m. and 7:00 a.m. upon streets within
any residential neighborhood. This prohibition shall not apply in an emergency
as determined by the County Sheriff or Fire Department or Petroleum
Administrator. This ordinance shall not be effective as to any street or part
thereof unless and until signs giving notice of the prohibition are posted at
entrances to the street or parts thereof affected. Truck routes shall be reviewed
for proposed oil or gas facilities to insure that oil field support traffic is not routed
through residential neighborhoods, unless no alternative routes exist.
All production equipment and facilities shall be recessed, covered, or otherwise
screened from view from any designated Scenic Highway.
j. No noxious odors associated with the project shall be detectable at the project
property boundary.
k. In addition to the requirements for abandonment and removal of equipment of
Sec. 25-34 and 25-35 of the County Code (Petroleum Ordinance), the site upon
well abandonment, shall be recontoured, reseeded, and landscaped to
approximate original conditions or other conditions recommended by the
A~icIe III Inland Zoning O(dinance
289 May 1994
PAGE 354 Show Image
BNERGY FAC.
Oil Drill. & Prod.
applicant or property owner and approved by the Director (Land Use Permits)
or Planning Commission (Discretionary Permits). Compliance with said provisions
shall be determined by the County Petroleum Office, in consultation with the
Planning and Development Department.
2. In addition, the following development standards may be applied to production
operations to the extent deemed necessary by the Director or Planning Commission..
a. Each producing well site shall be completed in such a manner that all production
equipment and facilities shall be recessed, covered, or otherwise screened from
view. Trees or shrubbery shall be planted and maintained so as to develop
attractive landscaping and to screen the site and production equipment, structure,
tanks, and facilities thereon from public view, unless such equipment, structures,
tanks, and facilities are screened from public view by reason of an isolated
location, existing trees or shrubbery, intervening surface contours, or a wall
constructed as herein provided.
b. The site shall be enclosed with an adequate non-combustible type fence, wall,
screen, or housing sufficient to prevent unauthorized access thereto and having
a height of at least six (6) feet, unless public access is prevented by reason of an
isolated location.
c. A monitoring system to measure off-site impacts, including noise, vibration, odor,
and air or water quality degradation, may be required as a condition of approval.
d. Permanent structures and equipment shall be painted a neutral color so as to
blend in with natural surroundings.
Article III- InlandZoning Ordinance
290 May 1994
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PAGE 356 Show Image
ENERGY FAC.
Treatment & Processing
Facilities
Sec. 35-296. ~tment and Processin Facilities
Sec. 35-296.1. Applicability. (Amended 12/14/87, Ord. 3674)
The specific regulations of this section shall apply to structures, equipment, or facilities
necessary and incidental to:
a. Dehydration and/or separation of oil, gas and water obtained from an offshore
area.
b. Processing and/or treatment plants, excluding those described under Sec. 35-295
(Production).
For the specific regulations listed under 35~296.4B, the terms it new production If or new
oil and gas production't or "new gas production" refer to:
c. the development of any oil and/or gas after the adoption of these policies which
requires new discretionary local , state or federal permits unless its from an
existing well or platform; or
d. the development of any oil and/or gas which, after the adoption of these policies,
requires approval of a new platform, or a new subsea or onshore well completion.
An operator who claims a constitutionally-protected vested right exists within the scope
of existing permits to process new production at a facility which is not at a
County-designated consolidated site may request the Planning Commission for a
determination of exemption to allow processing of that production at the nonconsolidated
site.
The request must be accompanied by evidentiary support reasonably available at the
time of filing. The Planning Commission shall hold a hearing on the request within 60 days
of filing. The Planning Commission shall determine the scope of the applicant's existing
permits and whether the applicant, by obtaining and relying on such permits prior to the
adoption of these policies, has acquired, under California law, a vested right to process new
production at a facility other than a County-designated consolidated site.
The Commission may continue the hearing (1) with the consent of the applicant and
the County or (2) to permit or require the applicant or the County to submit additional
evidence or legal analysis. No more than 90 days total continuance shall be granted unless
Adicle III Inland Zoning Ordinance
291 May 1994
PAGE 357 Show Image
ENERGY FAC.
Treatment & Processing
Facilities
the parties consent or the Commission finds that additional evidence is needed for a decision
cannot feasibly be presented within the allotted time. The Commission shall decide the
matter within 30 days after all such evidence and analysis has been submitted.
The applicant shall reimburse the County for all reasonable costs incurred in
determining the claim of exemption. (Amended by Ord. 370Z 5/16/88)
Sec. 35-296.2. Permitted Districts.
1. Treatment and processing facilities shall be permitted uses in the following districts
a. General Industry (M-2)
b. Coastal-Related Industry (M-CR) (Amended by Ord. 3939, 9/3/91)
2. Treatment and processing facilities for oil and gas obtained from an onshore area shall
be permitted subject to a Major Conditional Use Permit in the Agriculture I and II
(AG-I, AG-Il) districts.
Sec. 35-296.3. Processing.
No permits for development including grading shall be issued except in conformance
with an approved Final Development Plan, as provided in Sec. 35-317. (Development
Plans), and with Sec. 35-314. (Land Use Permits). In addition to the applicable information
required under Sec. 35-317. (Development Plans), the following information must be filed
with a Preliminary or Final Development Plan application.
1. An updated emergency response plan that addresses the potential consequences and
actions to be taken in the event of hydrocarbon leaks or fires. These emergency
response plans shall be approved by the County's Emergency Services Coordinator and
Fire Department.
2. A phasing plan for the staging of development which includes the estimated timetable
for project construction, operation, and completion, as well as location and amount of
any land reserved for future expansion.
Sec.35-296.4A. Findings Required for Approval of Development Plans Outside the South
Coast Consolidation Planning Area. (Amended by Ord. 370Z and Ord. 3674)
In addition to the findings for Development Plans set forth in Sec. 35-174.7
( Development Plans), no Preliminary or Final Development Plan is to be approved for a
Article III iniand~ning Ordinance
292 M~y 1994
PAGE 358 Show Image
project in an area outside the South Coast Consolidation Planning Area unless the Planning
Commission also makes all of the following findings:
1. Consolidation or colocation on or adjacent to an existing processing facility to
accommodate the proposed production is not feasible or is more environmentally
damaging.
2. There are no feasible alternative locations for the proposed processing facility that are
less environmentally damaging.
3. Where consolidation or colocation on or adjacent to an existing processing facility is
not proposed, for coastal areas east of the City of Santa Barbara, there are no existing
processing facilities within three (3) miles of the proposed site.
4. The proposed facility is compatible with the present and permitted recreational and
residential development and the scenic resources of the surrounding area.
5. Gas processing facilities proposed in the North County Consolidation Planning Area
(NCCPA), including expansion of existing facilities, have been sited in accordance with
criteria set forth in Santa Barbara County Comprehensive Plan study entitled, Siting
Gas Processing Facilities. Additionally, sites are selected with adequate consideration
of all future gas processing needs in the NCCPA to optimize siting and consolidation
strategies. The "expansion" of an existing facility shall mean any structural
modification, alteration, expansion or enlargement which results in increased facility
capacity, or changed in facility use, operation, or other limitations imposed by permit
or other law. The `expansion" of an existing facility shall also mean introduction of
production from a field not served by the processing facility since January 1, 1986, or
from any new production well that increases the current area extent of a field presently
served by the facility. Expansion shall not include modification to existing facilities that
is required to comply with current health and safety standards, regulations, and codes.
Sec. 35-296.4B. Findings Required for Approval of Development Plans for Facilities in the
South Coast Consolidation Planning Area. (Amended by Ord. 3702 and Ord. 3674)
In addition to the findings for Development Plans set forth in Sec. 35-174.7
( Development Plans), no Preliminary or Final Development Plan for processing facilities
Article III Inland Zoning O(dinance
293 May 1994
PAGE 359 Show Image
FAC.
ment & Processing
Facilities
shall be approved unless the Planning Commission also makes one or more of the following
findings:
1. Existing and approved processing capacity at the County-designated consolidation sites
is insufficient to accommodate proposed new production for a period of time that
would render development of the proposed offshore reservoir(s) infeasible. This
finding shall take into account feasible delays in development of the
offshore reservoir(s) to maximize use of existing and approved processing capacity, and
feasible expansion of existing processing facilities to provide sufficient capacity.
2. The specific properties of oil or gas from a particular reservoir considering available
information on the physical and chemical characteristics of the stock, including but not
limited to API gravity, sulfur and water content, viscosity, and pour point would
render development of the resource technically infeasible unless specialized units can
be built. Such finding shall consider partial dehydration as a specialized unit if it is
required to adapt a resource to the technical requirements of a processing facility.
Modifications or additions to existing facilities shall be favored over construction of
redundant processing capacity insofar as such modifications or additions render the
resource characteristics and the technical processing requirements of a facility
compatible with one another.
3. Commingling the production in existing or already-approved facilities at designated
consolidated sites is environmentally unacceptable.
Additionally, no Preliminary or Final Development Plan for expansion or construction
of processing facilities shall be approved unless the Planning Commission makes the
following findings to restrict industrialization of the area.
4. The expansion of existing facilities or construction of new facilities are to be located
at a County-designated consolidated oil and gas processing site at Gaviota or Las
Flores Canyon, or
5. The Proposed processing facilities will use, to the maximum extent feasible, existing
ancillary facilities at the consolidated site.
Article III inland Zoning Ordinance
294 May 1994
PAGE 360 Show Image
ENERGY FAC.
Treatment & Processing
Facilities
Sec. 35-296.5. Development Standards.
In addition to the regulations of the applicable zone district, the following regulations
shall apply to treatment and processing facilities:
a. The level of noise generated by the facility at or beyond the property boundary
shall not exceed 70 db(A).
b. All lights shall be shielded so that all lighting is confined to the project site.
c. Visible gas flares shall not be permitted except for emergency purposes unless
deemed infeasible for a particular operator.
d. Grading and alteration of natural drainages shall be minimized.
e. Adequate provisions shall be made to prevent erosion and flood damage.
f. The site shall be enclosed with a fence or wall to prevent unauthorized access.
g. It is prohibited to operate trucks exceeding one and a half tons for use in oil and
gas operations between the hours of 9:00 p.m. and 7:00 a.m. upon streets within
any residential neighborhoods. This prohibition shall not apply in an emergency
as determined by the County Sheriff or Fire Department or Petroleum
Administrator. This ordinance shall not be effective as to any street or part
thereof unless and until signs giving notice of the prohibition are posted at
entrances to the street or parts thereof affected. Truck routes shall be reviewed
for proposed oil or gas facilities to insure that oil field support traffic is not routed
through residential neighborhoods, unless no alternative routes exist.
h. After adoption of a Resolution by the County Board of Supervisors that an
onshore pipeline for transporting crude oil to refineries is technically and
economically feasible, proposals for expansion, modification or construction of
new onshore treatment and processing facilities for offshore oil and gas shall be
conditioned to require transshipment of oil through the pipeline when constructed,
unless such conditions would not be feasible for a particular operator.
i. No noxious odors associated with the facilities shall be detectable at the property
boundary.
Article III inIand~ning Ordinance
295 May 1994
PAGE 361 Show Image
BNERGY FAC.
Treatment & Processing
Facilities
j. Within the South Coast Consolidation Planning Area, operators and owners of
County-designated consolidated facilities and sites shall make their facilities and
property available for commingled processing and consolidation of oil and gas
facilities on an equitable and nondiscnminatory basis. If existing processing
capacity is insufficient to accommodate proposed production and necessary new
facilities are not permittable pursuant to the County's consolidation policies,
operators of consolidated facilities shall reduce throughput on a pro-rata basis to
accommodate other developers. (Amended by Ord. 3674, 12/14/87)
k. Permits for expanding, modifying, or constructing crude-oil processing or related
facilities, which receive oil from offshore fields exclusively or from both offshore
and onshore fields, shall be conditioned to require that all oil processed by the
facility shall be transported from the facility and the County by pipeline as soon
as the shipper's oil-refining center of choice is served by pipeline.
Transportation by mode other than pipeline may be permitted only:
(1) within the limits of the permitted capacity of the alternative mode; and
( 2) when the environmental impacts of the alternative transportation mode are
required to be mitigated to the maximum extent feasible; and
( 3) when the shipper has made a commitment to the use of a pipeline when
operations to the shipper's refining center of choice; and
(4) when the County has determined use of a pipeline is not feasible by making
one of the following findings:
(a) A pipeline to the shipper's refining center of choice has inadequate
capacity or is unavailable within a reasonable period of time;
( b) A refinery upset has occurred, which lasts less than two months,
precludes the use of pipeline to that refinery, and required temporary
transportation of oil to an alternative refining center not served by
pipeline;
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296 M~y 1994
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ENERGY FAC.
Treatment & Processing
Facilities
( c) The costs of transportation of oil by common carrier pipeline are
unreasonable taking into account alternative transportation modes,
economic costs, and environmental impacts; or
( d) An emergency, which may include a national state of emergency, has
precluded use of pipeline.
A permit based on finding (b) or (d) may be granted by the Director of the
Planning and Development Department and shall be subject to appeal to the Planning
Commission. A permit based on findings (a) and (c) may be granted by the Board of
Supervisors.
All permits for the use of non-pipeline mode of transportation may specie the
duration for such permitted use. Such permit may be extended upon a showing of
good cause based upon a consideration of the findings listed above. A permit based
on finding (b) shall be granted for two months only. If refinery upset conditions
continue beyond two months and the shipper wishes to continue use of a non-pipeline
transportation mode, the shipper must seek a new or modified permit that is based on
a consideration of finding (a), (c), or (d).
In all cases, the burden of proof as to pipeline unavailability or inadequate
capacity, unreasonable tariffs, and the need for and use of other transportation systems
shall be on the shipper. (Amended by Ord. 3940, 9/3/91)
2. In addition, the following development standards may be applied to the extent deemed
necessary by the Planning Commission.
a. The installation shall be visually compatible with the existing and anticipated
surroundings by use of any or all of the following measures where applicable:
buffer strips; depressions, natural or artificial; screen planting and landscaping
continually maintained, and camouflage and/or blending colors.
b. A monitoring system to measure off-site impacts, including noise, vibration, odor,
and air or water quality degradation, shall be required as a condition of approval.
Article III- inIandZoning Ordinance
297 May 1994
PAGE 363 Show Image
BNBRGY FAC.
Tre~tmcnt & Processing
Facilities
Sec. 35-296.6. Facility and Site Abandonment Within the South Coast Consolidation
Planning Area: (A~izcndcd by Ord. 3674, ]2/]4/87)
The County shall review permits that are approved after August 12, 1985 for new or
modified oil and gas facilities when throughput, averaged (arithmetic mean) over any
twelve (12) consecutive months, does not exceed three (3) percent of the facility's
maximum permitted operating capacity. The review shall be conducted in a
duly-noticed public hearing to determine if facility abandonment or facility
modifications are appropriate.
Article III Inland Zoning Ordinance
298 M~~y 1994
PAGE 364 Show Image
Sec. 35-297. Refining.
Sec. 35-297.1. Applicability.
The specific regulations of this section shall apply to structures, equipment, or facilities
necessary and incidental to the refining of oil.
Sec. 35-297.2. Permitted Districts.
1. Refining facilities for oil development shall be permitted subject to a MajQr
Conditional Use Permit only in the General Industry (M-2) District.
2. Based on Planning Commission Resolution No. 67-22, adopted by the Board of
Supervisors on April 12, 1967, no facilities for the refining of oil shall be permitted in
the portion of Santa Barbara County east of Point Conception and south of the ridge
line of the Santa Ynez mountains.
Sec. 35-297.3. Processing.
No permits for development including grading shall be issued except in conformance
with an approved Final Development Plan, as provided in Sec. 35-317. (Development Plans),
and with Sec. 35-314. (Land Use Permits). In addition to applicable information required
under Sec. 35-317. (Development Plans), the following information must be filed with a
Preliminary or Final Development Plan application.
1. An updated emergency response plan that addresses the potential consequences and
actions to be taken in the event of hydrocarbon leaks or fires. These emergency
response plans shall be approved by the County's Emergency Services Coordinator and
Fire Department.
2. A phasing plan for the staging of development which includes the estimated timetable
for project construction, operation, and completion, as well as location and amount of
any land reserved for future expansion.
Sec. 35-297.4. Findings Required for Approval of Development Plans.
In addition to the findings for Development Plans set forth in Sec. 35-317.7.
( Development Plans), no preliminary or Final Development Plan shall be approved unless
the Planning Commission also makes all of the following findings:
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299 M~y 1994
PAGE 365 Show Image
ENERGY FAC.
Ref
1. Consolidation or colocation on or adjacent to an existing refining facility to
accommodate the proposed refinery is not feasible or is more environmentally
damaging.
2. There are no feasible alternative locations for the proposed refining facility that are
less environmentally damaging.
3. The facility is compatible with the scenic quality and land uses of the surrounding area
Sec. 35-297.5 . Development Standards.
In addition to the regulations of the M-2 zone district, the following regulations shall
apply to refining facilities:
1. The facilities shall be visually compatible with the existing and anticipated surroundings
by use of any of all of the following measures where applicable: Buffer strips;
depressions, natural or artificial; screen planting and landscaping continually
maintained; and camouflage and/or blending colors.
2. All lights shall be shielded so that all lighting is confined to the project site.
3. Visible gas flares shall not be permitted except for emergency purposes unless deemed
infeasible for a particular operator.
4. Grading and alteration of natural drainages shall be minimized
5. Adequate provisions shall be made to prevent erosion and flood damage.
6. The site shall be enclosed with a fence or wall to prevent unauthorized access.
7. A monitoring system to measure off-site impacts, including noise, vibration, odor, and
air or water quality degradation, may be required as a condition of approval.
8. No noxious odors associated with the facility shall be detectable at the property
boundary.
9. It is prohibited to operate trucks exceeding one and a half tons for use in oil and gas
operations between the hours of 9:00 p.m. and 7:00 a.m. upon streets within any
residential neighborhood. This prohibition shall not apply in an emergency as
determined by the County Sheriff or Fire Department or Petroleum Administrator.
This ordinance shall not be effective as to any street or part thereof unless and until
signs giving notice of the prohibition are posted at entrances to the street or parts
thereof affected.
Article III- InlandZoning Ordinance
300 M~y 1994
PAGE 366 Show Image
Truck routes shall be reviewed for proposed oil or gas facilities to insure that oil field
support traffic is not routed through residential neighborhoods, unless no alternative
routes exist.
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301 M~y 1994
PAGE 367 Show Image
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Sec. 35-298. Marine Terminals.
Sec. 35-298.1. Applicability.
The specific regulations contained within this section shall apply to the onshore portion
of the components of a marine terminal (except LNG facility) which include facilities for
loading and/or unloading equipment, storage tanks, terminal control and safety equipment,
and navigational facilities, but not including pipelines. (The regulations for pipelines and
related facilities are located in Sec. 35-290.) This section shall apply to existing and new
marine terminals and as of April 12, 1967, there exists in the County four (4) marine
terminals which are located at Cojo Bay, Gaviota, El Capitan, and Coal Oil Point.
Sec. 35-298.2. Permitted Districts.
Marine terminals are a permitted use in the Coastal-Related Industry (M-CR) district,
except:
1. No more than one (1) additional marine terminal to the number in existence within
the County as of April 12, 1967 shall be permitted in the area east of Pt. Conception
and south of the ridge line of the Santa Ynez mountains.
2. After adoption of a Resolution by the County Board of Supervisors that an onshore
pipeline for transporting crude oil to refineries is technically and economically feasible,
new marine terminals shall not be a permitted use in any district and existing marine
terminals shall continue to be a permitted use until the pipeline is operational, at
which time they shall become legal nonconforming uses. After the pipeline is
operational, marine terminals shall be a use permitted subject to a Major Conditional
Use Permit in the Coastal-Related Industry (M-CR) District, but only upon a finding,
in addition to those normally required for a marine terminal, as set forth in paragraph
4, that transshipment of oil by onshore pipeline is not feasible for the particular
operator. (Amended by Ord. 3939, 9/3/91)
Sec. 35-298.3. Processing.
No permits for development including grading shall be issued in conformance with an
approved Final Development Plan, as provided in Sec. 35-317. (Development Plans), and
with Sec. 35-314. (Land Use Permits).
Article III- InIandZoni~g Ordinance
302 May 1994
PAGE 369 Show Image
ENBRGY FAC.
Marine Terminals
In addition to the other information required under Sec. 35-317. (Development Plans),
the following information must be filed with a Preliminary or Final Development Plan
application:
1. An updated emergency response plan that addresses the potential consequences and
actions to be taken in the event of hydrocarbon leaks or fires. The emergency
response plan shall be approved by the County's Emergency Services Coordinator and
Fire Department.
2. A phasing plan for the staging of development which includes the estimated timetable
for project construction, operation, and completion, as well as location and amount of
any land reserved for future expansion.
Sec. 35-298.4. Findings Required for Approval of Development Plans.
In addition to the findings for Development Plans set forth in Sec. 35-317.7.
( Development Plans), no Preliminary of Final Development Plan shall be approved unless
the Planning Commission also makes all of the following findings:
1. There are no feasible alternative locations for the proposed marine terminal that are
less environmentally damaging.
2. Expansion of an existing marine terminal onto adjacent lands is not feasible or is more
environmentally damaging.
3. The proposed facility is compatible with the scenic quality and land uses of the
surrounding area.
Sec. 35-298.5. Development Standards.
1. The level of noise generated by the facility at or beyond the property boundary shall
not exceed 70 db(A).
2. The installation shall be visually compatible with the existing and anticipated
surroundings by use of any or all of the following measures where applicable: Buffer
strips; depressions, natural or artificial; screen planting and landscaping continually
maintained; camouflage and/or blending colors.
3. All lights shall be shielded so that all lighting is confined to the project site.
4. Grading and alteration of natural drainages shall be minimized.
5. Adequate provisions shall be made to prevent erosion and flood damage.
Article III Inland ~ning O(dinance
303 May 1994
PAGE 370 Show Image
6. It is prohibited to operate trucks exceeding one and a half tons for use in oil and gas
operations between the hours of 9:00 p.m. and 7:00 a.m. upon streets within any
residential neighborhood. This prohibition shall not apply in an emergency as
determined by the County Sheriff or Fire Department or Petroleum Administrator.
This ordinance shall not be effective as to any street or part thereof unless and until
signs giving notice of the prohibition are posted at entrances to the street or parts
thereof affected.
Truck routes shall be reviewed for proposed oil or gas facilities to insure that oil field
support traffic is not routed through residential neighborhoods, unless no alternative
routes exist.
Article III In/and Zoning Ordinance
304 M~y 1994
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Sec. 35-299. aeration Facilities.
Sec. 35-299.1. Permitted Districts
1. Cogeneration facilities shall be a permitted use in the M-2 and M-CR zone districts
except when located within 1000 feet to any other zone district, in which case a Major
Conditional Use Permit shall be required. (Amended by Ord. 3939, 9/3/91)
2. Cogeneration facilities shall be permitted subject to a Major Conditional Use Permit
in the M-1, AG-I and AG-Il zone district.
Sec. 35-299.2. Processing.
No permits for cogeneration facilities including grading shall be issued except in
conformance with an approved Final Development Plan as provided in Sec. 35-317. and Sec.
35-314. (Land Use Permits), and when required Sec. 35-315. (Conditional Use Permits).
Sec. 35-299.3. Development Standards.
In addition to the regulations of the applicable zone district, the following noise
mitigation regulations shall apply to cogeneration facilities:
1. Measures to reduce adverse noise or vibration impacts to the maximum extent feasible
shall be used for facilities adjacent to noise sensitive locations as identified in the
Comprehensive Plan Noise Element.
2. Operation of facilities within 1000 feet of an occupied residence shall be conducted
such that the noise generated is reduced to an outside night time level of 50 dB(A) at
the impacted residence.
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Sec. 35-300. Wind Energy Systems
Sec. 35-300.1. Applicability
The specific regulations contained in this section shall apply to Wind Energy
Conversion Systems used for electrical power generation. Wind machines used for direct
climate control or water pumping are governed a~ accessory uses to agriculture. These
provisions are intended to encourage wind energy development while protecting public
health and safety.
Sec. 35-300.2. Permitted Districts
1. In all residential districts, wind energy conversion systems shall be subject to a Major
Conditional Use Permit in order to review the visual, safety, and noise impacts on the
surrounding residences, and potential transmission interference.
2. In all commercial, industrial, mixed use recreational and public utility districts, one
wind turbine with a maximum power output of 25 KW per parcel shall be permitted
subject to a ILand Use Permit, Sec. 35-314. Two or more wind turbines or a wind
energy conversion system with a maximum power output greater than 25 KW per
parcel shall be subject to a Minor Conditional Use Permit, except as per 2d. below.
3. In all agricultural and Resource Management zone districts, wind energy conversion
systems shall be permitted subject to a Land Use Permit, Sec. 35-314., when all of the
following criteria are met:
a. Each proposed wind turbine will have a maximum power output of 25 KW or less
and the wind energy conversion system will have a total maximum power output
of 200 KW or less.
b. The wind turbines are spaced at least 300 feet apart.
c. Wind energy conversion systems which do not meet the above criteria shall be
permitted subject to a Minor Conditional Use Permit, Sec. 35-315., except as per
2d. below.
d. Wind energy conversion systems which have a maximum power output of greater
than 200 KW shall be permitted in agricultural or industrial zone districts subject
to a Major Conditional Use Permit, Sec. 35-315.
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ENERGY FAC.
Wind
Sec. 35-300.3. Processing.
No permits for development including grading shall be issued except in conformance
with Sec. 35-314. (Land Use Permits) and, when required, Sec. 35-315. (Conditional Use
Permits).
Sec. 35-300.4. Application Submittal Requirements.
Land Use Permits
In addition to the applicable contents identified in Sec. 35-314.3., (Land Use Permits),
the site plan shall include the height of all structures and trees within 300 feet of
proposed wind turbines, the maximum power output of proposed wind turbines, the
intended use of the generated power, and documentation of overspeed protection
devices.
2. Conditional Use Permits
As many copies of a Minor or Major Conditional Use Permit application as may be
required shall be submitted to the Planning and Development Department. Unless
otherwise specifically waived by the Director, the information to be submitted as part
of said application shall consist of the following instead of the information required
under 35-315. (Conditional Use Permits).
a. A plot plan of the proposed development drawn to scale showing:
1) Acreage and boundaries of the property.
2) Location of all existing and proposed structures, their use, and square footage
within 500 feet of the turbine.
3) The height of all structures and trees within 300 feet of the proposed wind
turbines.
b. Elevations.
c. Documentation of the maximum noise levels generated by the wind turbine, if
available.
d. The intended use of the generated power.
e. A description of the measures taken to minimize adverse noise, transmission
interference, and visual and safety impacts to adjacent land uses including but not
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307 May 1994
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limited to overspeed protection devices and methods to prevent public access to
the structure.
Sec. 35-300.5 . Development Standards.
All wind turbine generators and wind energy conversion systems shall meet the
following standards:
1. Wind turbines shall comply with all setback requirements in the applicable zone
districts.
2. Fencing or other measures (e.g., pole design to restrict access) shall be utilized to
prevent public access to moving parts or hazardous electrical components.
3. The applicant shall submit structural and electrical plans to the Building Division of
the Public Works Department to insure compliance with applicable sections of the
Uniform Building Code and the National Electrical Code.
4. For wind turbines interconnected with any utility grid, written clearance shall be
obtained from the utility company.
5. Wind energy conversion systems shall be equipped with both manual and automatic
controls to ensure that the rotational speed of the blade does not exceed the maximum
design limits of the rotor.
6. To prevent harmful wind turbulence from existing structures, the minimum height of
the lowest part of any horizontal axis wind turbine blade shall be at least 30 feet above
the highest structure or tree within a 250 foot radius. Modification of this standard
may be made when the applicant demonstrates that a lower height will not jeopardize
the safety of the wind turbine structure.
7. Wind energy conversion systems including guy wires shall not extend beyond the
property line.
8. Horizontal axis wind turbines shall be placed at a distance of at least two times the
total tower height from any occupied structure.
9. Vertical axis wind turbines shall be placed at a distance of at least ten (10) blade
diameters from any structure or tree. A modification may be granted for good cause
shown, however, in no case shall the turbine be located closer than three (3) blade
diameters to any occupied structure.
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ENERGY FAC.
Wind
10. Wind energy conversion Systems shall be operated such that no electromagnetic
interference is caused. When notified by the County Zoning Administrator that the
system is causing harmful interference, the operator shall promptly take steps to
eliminate the interference.
Sec. 35-301. Reserved for a Future Section.
Sec. 35-302. Reserved for a Future Section.
Sec. 35-303. Reserved for a Future Section.
Sec. 35-304. Reserved for a Future Section.
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DVISION 9.
NONCONFORMING STRUCTURES AND USES.
Sec. 35-305. ~e and Intent.
Within the districts established by this Article, or amendments that may later be
adopted, there exists lots, structures, and uses of land and structures which were ~awfu1 prior
to the adoption, revision, or amendment of this Article, or previously adopted County zoning
ordinances, but which would be prohibited, regulated, or restricted under the terms of this
Article or future amendments. It is further the intent of this Article, subject to only very
limited exceptions as specified, to discourage the long term continuance of these
nonconformities, but to permit them to exist under limited conditions. It is further the intent
of this Article to prevent nonconforming uses and structures from being enlarged, expanded,
or extended, or being used as grounds for adding other structures or uses prohibited by the
district in which the nonconformity is located. (Amended by Ord. 4228, 6/18/96)
Sec. 35-306. Nonconforming Use of Land Buildingsg and Structures.
A nonconforming use mav be continued subject to the following regulations, so long
as such use remains otherwise lawful.
1 . Structural Change. Bxcept as otherwise provided in this Article, including seismic
retrofitting as defined in Section 35-209 and in accordance with Section 35-314.2.t, no
existing building or structure devoted to a nonconforming use under this Article shall
be enlarged, extended, reconstructed, moved, or structurally altered unless such use is
changed to a use permitted in the district in which it is located. No building or
structure accessory to a nonconforming use under this Article shall be erected
enlarged, or extended unless such building or structure is also accessory to a
conforming use. (Amended by Ord. 4063, 8/18/92; Ord. 4228, 6/18/96)
2. Extension or Expansion. A nonconforming use may be extended throughout an
existing building provided no structural alterations except those required by law or
ordinance (i.e., building code regulations) are made therein. No nonconforming use
shall be extended to occupy any land outside such building. No existing nonconforming
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NO
use of land outside buildings, or involving no buildings, shall be enlarged, increased,
or extended to occupy a greater area of land than was occupied at the time the use
became nonconforming, or moved to any portion of the lot not occupied by such
nonconforming use at such time.
3. Change of Use. A nonconforming use may only be changed to a conforming use.
4. Discontinuance. If a nonconforming use is abandoncd, any future use shal] comply
with the provisions of the district in which the use is located. Proof of discontinuation
of a nonconforming use for twelve (12) consecutive months shall be prima facie
evidence that the nonconforming use has been abandoned.
5. Damage. The purpose of this Section is to identify the standards for allowing the
continuation of a nonconforming use in a building, structure, or other development
that is damaged or destroyed by fire, flood, earthquake or other natural disaster.
a. Non-Residential Uses
1) Where buildings, structures, or other development dedicated to a non-
residentia] nonconforming use are damaged by fire, flood, earthquake, or
other natural disaster to an extent of seventy-five (75) percent or more of
replacement cost at the time of damage, as determined by the Planning and
Development Department, the nonconforming use shall be discontinued and
the damaged building, structure, or other development thereafter used in
accordance with regulations of the district in which it is located unless the
Zoning Administrator finds that the adverse impact upon the neighborhood
would be less than the hardship which would be suffered by the owner of the
building, structure, or other development should restoration of the
nonconforming use be denied.
2) Where damage caused by fire, flood, earthquake, or other natural disaster is
to an extent of less than seventy-five (75) percent at the time of damage, such
building, structure, or other developments may be restored to the same or
lesser size and in the same general footprint location, provided however that
restoration shall commence within twenty-four (24) months of the time of
damage and be diligently carried to completion, and the nonconforming use
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NO
may be resurned and continued as before, or on a lesser scale, but shall not
be enlarged or intensified.
b. Residential Uses. Where buildings or structures dedicated to nonconforming
residential dwelling uses, except in industrial zones, are damaged or destroyed by
fire, flood, earthquake, or other natural disaster, such structures may be
reconstructed to the same or lesser size and in the same general footprint
location, provided that reconstruction shall commence within twenty-four (24)
months of the time of damage and be diligently carried to completion. The
nonconforming residential dwelling use may be resumed and continued as before
or on a lesser scale, but shall not be enlarged, expanded, or intensified (e.g.,
increase in gross square footage). If the building or structure dedicated to a
nonconforming residential dwelling use is located in an industrial zone the damage
standards of Section 35-306.5.a. shall apply.
c. The restoration or reconstruction of a building, structure, or other development
dedicated to a nonconforming use that is damaged or destroyed by fire, flood,
earthquake or other natural disaster shall be exempt from the permit
requirements of this Article only if the building, structure, or other development
complies with the provisions of this Section and if the building, structure, or other
development conforms to the specifications documented to exist prior to the
damage or destruction, as determined by the Planning & Development
Department. If the Planning and Development Department determines that the
exterior design or specifications are proposed to be changed or the footprint of
the building or structure is relocated, the restored or replaced structure, shall be
subject to the provisions of Section 35-329., Board of Architectural Review., if
otherwise subject to such review (e.g., the site is within the D-Design Control
Overlay District). If the building, structure, or other development is proposed to
be altered from the original specifications, as determined by the Planning and
Development Department, the restoration or reconstruction shall be subject to all
applicable permit requirements of this Article. (,4mended by Ord. 4000, 2/2]/92; Ord. 4228,
6II(~96)
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NO
6. Limited Exeeption for Certain Nonconforming Residential Uses. Notwithstanding the
foregoing, the County finds that a need exists to conserve, preserve, and rehabilitate
certain existing nonconforming residentia] units despite the fact that such units do not
conform to all current terms of this Article. Therefore, existing buildings devoted to
a legal nonconforming residential use may be enlarged, extended, reconstructed,
moved, and/or structurally altered, subject to the following criteria:
a. The site is within a zone district which allows residential use as a permitted
use requiring only a Land Use Permit.
b. On any legal lot, only one existing building devoted to a legal nonconforming
residential use may be enlarged, extended, reconstructed, moved, and or
structurally altered.
c. No enlargements shall result in a total gross floor area devoted to a
nonconforming use over 1200 square feet and no enlargements shall be
allowed to any building which has a current legal nonconforming residential
gross floor area of 1200 or more square feet.
d. No new construction reconstruction, or relocation shall exceed the building
height of, or protrude higher than the highest point of, the existing building
used for a legal nonconforming residential use.
e. The building or structure used for a legal nonconforming residential use shall
comply with all currently applicable building, electrical, plumbing, fire and
mechanical codes, and shall not compromise the adequate performance of any
existing water system or liquid waste disposal (septic) system, as determined
to the satisfaction of the County Environmental Health Department.
f. Any structural enlargement or relocation shall comply with all setback, height,
lot coverage, parking, and other requirements of the zone district in which
such structure is located.
(Added by Ord. 4063, 8/18/92)
7. Limited Exception Determinations for Certain Nonconforming Industrial Uses.
Notwithstanding the foregoing, the County finds that the need may exist to improve
the safety or reduce the environmental effects of certain nonconforming industrial uses
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[ NONCONFORMING
by allowing minor changes that could result in minor enlargements, extensions
expansions or structural alterations (e.g., instillation of emergency back-up generator
for fire protection equipment, modifications to emergency shutdown system) to
buildings or structures dedicated to such nonconforming uses, despite the fact that they
do not conform to all current provisions of this Article. Therefore, an improvement
comprising minor enlargements, extensions, expansions or structural alterations of a
building or structure dedicated to an industrial, public works or energy-related
nonconforming use may be allowed, subject to the following process and findings:
a. Process
1) No permits shall be issued for development, including grading, unless and
until a Limited Exception Determination by the Planning Commission is first
granted for the proposed improvement. Where no discretionary permit has
previously been issued for the existing nonconforming industrial use,
appropriate non-discretionary permits may be issued after a Limited
Exception Determination has been granted. Where a discretionary permit has
been previously issued, changes to that permit may be made pursuant to this
Article and the appropriate non-discretionary permits may be issued after a
Limited Exception Determination has been granted. The Limited Exception
Determination is appealable to the Board of Supervisors pursuant to Sec. 35-
327.3..
2) Unless otherwise specifically waived by the Planning and Development
Director, ten (10) copies of the following information shall be submitted:
a. description of project objectives;
b. project description, including construction requirements (schedule,
equipment, labor, parking), physical changes to existing facilities, and any
changes to facility operations or ancillary operations (truck trips,
hazardous materials storage, etc.) as a result of the improvement;
c. map showing contiguous properties, including Assessor Parcel Numbers
and property owners names;
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NO RMING
d. sit plan to scale showing al] existing and proposed facilities on the site.
The new components, modifications to existing equipment, and any
components to be removed shall be highlighted;
e. design specifications for any new components;
f* estimated expenditures for the improvement, including materials, labor,
and equipment;
g. photographs of the site showing the area where the improvement is
proposed;
h. identification of any increase in utility use or demand as a result of the
improvement (water, electricity, natural gas);
i. written justification and such data, report(s), and documentation that
demonstrate and verify the improvement's public health and safety or
environmental benefit. In all cases, the burden of proof shall be on the
applicant to provide evidence ven~ng the public health and safety or
en~ronmental benefit;
j. Any other supplemental data or information requested by the Planning
and Development Department.
3) The Planning and Development Department shall distribute the material to
the appropriate County Departments for a 30-day application completeness
review.
4) Upon determination of application completeness, the Planning and
Development Department shall conduct an assessment of the public health
and safety and/or environmental benefits of the application and shall conduct
environmental review. Information from such benefit assessment or the
environmental review shall be included for use to support the Planning
Commission's action on a Limited Exception Determination.
b. Limited Exception Determination Findings. A Limited Exception Determination
for an improvement that results in the minor enlargement, extension, expansion
or structural alteration to a building or structure dedicated to an industrial, public
works, or energy-related nonconforming use may be granted provided that the
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NON
following findings are made by the Planning Commission at a noticed public
hearing:
1) The improvement has a demonstrable public health and safety, or
environmental benefit (e.g., would reduce the risk of a hazardous material
spill or reduce air emissions).
2) The improvement does not result in any new un-mitigated significant
environmental impacts.
3) The improvement does not result in an increase in the overall intensity of use
beyond the existing permitted use (e.g., output/throughput per day) or, for
facilities where no permits exist, would not increase the overall intensity of
use beyond the current operating limits.
4) The improvement does not extend or expand the existing developed industrial
site boundary within a parcel.
5) The improvement does not result in an expansion or extension of life of the
nonconforming use due to increased capacity of the structure dedicated to the
nonconforming use, or from increased access to a resource, or from an
opportunity to increase recovery of an existing resource. Any extension in the
life of the nonconforming use affected by the improvement results solely from
improved operational efficiency and is incidental to the pnmary purpose of
improving public health and safety or providing an environmental benefit.
6) The improvement does not allow for processing of "new productiont as
defined in Section 35-296.
7) If prior Limited Exception Determinations have been made for the same
nonconforming use under this Section, the successive Limited Exception
Determinations cumulatively provide a public health and safety or
environmental benefit. (Added by Ord. 4228, 6/]8/96)
8. Parking. If a use is nonconforming with existing parking standards, the building or
structure devoted to such use may be altered but the use may not be intensified,
extended, or expanded in a manner that would increase the required number of
parking spaces pursuant to Division 6, Parking, unless a) the use is brought into
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NONCONFORMING
conformance with the requirements of Division 6, Parking, or b) a modification to the
parking requirements has been approved.
(Added by Ord. 4228, 6/18/96)
Sec. 35-307. ~onformin Buildinsand Structures.
If a building or structure is conforming as to use but nonconforming as to setbacks,
height, lot coverage, parking, or other requirements concerning the building or structure 7
such structure may remain so long as it is otherwise lawful, subject to the following
regulations.
Structural change, Extension, or Expansion. A nonconforming structure may be
enlarged, extended, moved, or structurally altered provided that any such extension
enlargement, etc., complies with the setback, height, lot coverage, and other
requirements of this Article. Seismic retrofits, as defined in Section 35-209 and
pursuant to Section 35.314.2(t), are allowed throughout the conforming and
nonconforming portions of the structure or bui]ding. No living quarters may be
extended into an accessory building located in the required front, side, or rear yards
by such addition or enlargement. (Amended by Ord. 4228, 6/18/96)
2. Damage. The purpose of this section is to identify the standards for the restoration
or reconstruction of a nonconforming structure that is damaged by fire, flood,
earthquake or other natural disaster.
a. Except for single family residential buildings or structures, where a nonconforming
building or structure is damaged by fire, flood, earthquake, or other natural
disaster to an extent of seventy-five (75) percent or more of the replacement cost
at the time of damage, as determined by the Planning and Development
Department, such structure may not be reconstructed unless the Zoning
Administrator finds that the adverse impact upon the neighborhood would be less
than the hardship which would be suffered by the owner of the structure should
reconstruction of the nonconforming structure be denied. (Amended by Ord. 4000,
2/21/92; Ord. 4228, 6/18/96)
b. Where damage to the nonconforming, non-single family residential building or
structure is to an extent of less than seventy-five (75) percent of the replacement
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NO
cost at the time of damage, as determined by the Planning and Development
Department, such structure may be restored to the same or lesser size in the same
general footprint location. (Added by Ord. 4228, 6/]8/96)
c. If a nonconforming since fam~y residential building or structure is damaged or
destroyed by fire, flood, earthquake, or other natural disaster, such building or
structure may be reconstructed to the same or lesser size in the same general
footprint location. (Added by Ord. 4228, 6/18/96)
d. The restoration or reconstruction permitted above shall commence within twenty-
four (24) months of the time of damage and be diligently carried to completion.
If the restoration or reconstruction of such building or structure does not
commence within twenty-four (24) months it shall not be restored except in
conformity with the applicable zone district regulations and other provisions of
this Article. (Amended by Ord. 4228, 6/18/96)
e. The restoration of a nonconforming building or structure that is damaged by fire,
flood, earthquake or other natural disaster shall be exempt from the permit
requirements of this Article only if the building or structure complies with the
provisions of this Article and if the building or structure conforms to the
specifications documented to exist prior to the damage as determined by the
Planning and Development Department. If the Planning and Development
Department determines that the exterior design or specifications are proposed to
be changed or the footprint of the building or structure is relocated, the restored
structure shall be subject to the provisions of Section 35-329. Board of
Architectural Review, if otherwise subject to such review (e.g., the site is within
the D-Design Control Overlay District). If the building or structure is proposed
to be altered from the original specifications, as determined by the Planning and
Development Department, the restoration shall be subject to all applicable permit
requirements of this Article. (Added by Ord. 4228, 6/18/96)
Sec. 35-308. ~tructioninProress.
To avoid undue hardship, nothing in this DIVISION shall be deemed to require a
change in the plans, construction or designated use of any building or structure on which
actual construction was lawfully begun prior to the effective date of adoption or any
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NO
amendment of this Article rendering the building or structure or its use nonconforming and
upon which actual construction has been carried on diligently. Actual construction is hereby
defined to mean the placing of construction materials in permanent position and fastened
in a permanent manner.
Sec. 35-309. ~inationofNonconformin Uses.
In addition to the provisions for termination of certain nonconforming uses contained
elsewhere in this DIVISION, any nonconforming use or uses of either land or buildings or
both may be ordered terminated by the Board of Supervisors after a public hearing as
provided hereafter in Sec. 35-311. of this DIVISION if one or more of the three following
conditions is found to apply to any such nonconforming use or uses.
1. That the condition of the improvements, if any, on the property are such that to
require the property to be used only for those uses permitted in the zone where it is
located would not impair the constitutional rights of any person; or
2. That the nature of the improvements are such that they can be altered so as to be
used in conformity with the uses permitted in the zone in which such property is
located without impairing the constitutional rights of any person; or
3. Except in the case of a dedicated cemetery, that the nonconforming use is detrimental
to the public health or safety or is a public nuisance.
Sec. 35-310. Un ermitted B ansion of Nonconformin Uses.
After a public hearing, as provided hereinafter under Sec. 35-311., and expansion of
or change in a nonconforming use of buildings or land, or both not expressly permitted
under and strictly in accordance with the terms of this Article and especially this Division,
nor required by law, may be ordered terminated by the Board of Supervisors.
Sec. 35-311. Termination Procedure.
1. All nonconforming uses to be terminated under the provisions of this DIVISION may
be ordered terminated by the Board of Supervisors upon following the procedure
prescribed in this Section. Any non-compliance with an order of termination of the
Board of Supervisors made pursuant hereto, as well as any continuance of any
nonconforming use beyond the express period of time prescribed in this Section shall
be deemed a violation of the terms of this Article. Upon recommendation of the
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NONCONFORMING
Planning Commission, or upon petition by a person or persons affected by a
nonconforming use of buildings or land or both, or on its own initiative, the Board of
Supervisors may set a date for, and call a public hearing to determine whether or not
a nonconforming use of land or buildings or both, or an unpermitted expansion of or
change in such use should not be ordered terminated. Fifteen (15) days notice of such
heahng shall be given by publication once in a newspaper of general circulation in the
County of Santa Barbara or in the area where the affected property is located, and by
service upon the owner or owners of the land and upon the person operating or
maintaining such nonconforming use, if not the owner. Service of such notice shall be
either personal or by mail addressed to the last known address of the person to be
served. Said notice shall specify the date, time and place of said hearing and shall
specify the grounds on which said nonconforming use or changes or expansion thereof
is sought to be terminated.
2. All hearings held under this Section by the Board of Supervisors shall be open to the
general public, be presided over by the Chairman, vice-chairman or acting chairman
of the Board of Supervisors, and the proceedings shall be reported by a phonographic
reporter. The owner or owners, the party or parties maintaining the nonconforming
use, the Board of Supervisors and all other interested persons may be represented by
attorneys of their own choosing, may submit written and oral evidence, provided that
oral evidence shall be taken only on oath or affirmation, may call and examine
witnesses, introduce exhibits, cross-examine opposing witnesses or any matter relevant
to the issues even though that matter was not covered in the direct examination, to
impeach any witness regardless of which party first called him to testify and to rebut
the evidence against him. If the person or persons maintaining the said nonconforming
use do not testify in their own behalf they may be called and examined as if under
cross-examination.
3. The hearing need not be conducted according to technical rules relating to evidence
and witnesses. Ally relevant evidence shall be admitted if it is the sort of evidence on
which responsible persons are accustomed to rely in the conduct of serious affairs,
I regardless of the existence of any common law or statutory rule which might make
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NO
improper the admission of such evidence over objection in ci~ actions in courts.
Hearsay evidence may be used for the purpose of supplementing or explaining any
direct evidence but shall not be sufficient in itself to support a finding unless it would
be admissible over objection in civil actions. The rules of pnvilege shall be effective
to the same extent that they are now or hereafter may be recognized in civil actions
and irrelevant and unduly repetitious evidence shall be excluded.
4. The Board of Supervisors shall render its decision in writing, containing findings of
fact, within 30 days after the date on which the public hearing was completed and
closed. It shall deliver copies by mail or personally to the parties concerned in said
hearing. Failure to so render such decision within said 30 days or any extension
thereof stipulated to by the parties shall be deemed to permit the continuance of said
nonconforming use or said expansion thereof or change thereto, which was the subject
of said hearing. The said decision shall, if it ordered said nonconforming use, or
change thereto or expansion thereof terminated, specify such time within which the
person so maintaining such nonconforming use or change thereto or expansion thereof,
shall so terminate as the Board of Supervisors deems reasonable and proper under the
circumstances.
5. Hearings may be continued from time to time by the Board of Supervisors.
Sec. 35-312. Reserved for a Future Section.
Sec. 35-313. Reserved for a Future Section.
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DIVISION 10.
PERMIT PROCEDURES.
Sec. 35-314. Land Use Permits.
Sec. 35-314.1. Purpose and Intent.
This Section establishes procedures and findings for the issuance of, and effective time
periods for, Land Use Permits which are required for all uses and developments permitted
under the regulations of this Article. The intent of this Section is to ensure that
development proposals conform to the provisions of this Article, the Comprehensive Plan 7
and any conditions set by the County. (Amended by Ord. 4228, 6/]8/96)
Sec. 35-314.2. Applicability.
Before using any land or structure, or commencing any work pertaining to the erection,
moving, alteration, enlarging, or rebuilding of any building, structure, or improvement
within the County wherein permits are required under the provisions of this Article,
a Land Use Permit shall be issued by the Planning and Development Department
unless other regulations of this Article specifically indicate such permit is not required
or the activity is exempt from the issuance of a Land Use Permit, as provided herein.
Activities which are exempt from the issuance of a Land Use Permit shall comply with
applicable regulations of this Article including but not limited to use, setback, and
height as well as all required provisions and conditions of any existing approved
permits for the subject property. The following activities shall be exempt from the
issuance of a Land Use Permit except as provided in the MT-GOL (Mountainous-
Goleta) Zone District, ESH-GOL (Environmentally Sensitive Habitat) Cverlay District
and RC-GOL (Riparian Corridor-Goleta) Cverlay District: (Amended by Ord. 400], 2/21/92;
Ord. 4111, 7/20/93; Ord. 4228, 6/18/96)
a. Repair and maintenance activities that do not result in addition to, or
enlargement or expansion of, the object of such repair or maintenance activities.
b. Fences and walls of six (6) feet or less and gateposts of eight (8) feet or less in
height located within front yard setback areas. Fences and walls of eight (8) feet
or less in height and gateposts of ten (10) feet or less in height located outside of
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front yard setback areas and not closer than twenty (20) feet front the right-of-way
line of any street (Amended by Ord. 400], 2/2]/92)
c. Installation of irrigation lines not otherwise requiring a Grading Permit pursuant
to Chapter 14 of the Santa Barbara County Code. (Amended by Ord. 4228, 6/]8/96).
d. Public Works facilities constructed by the County of Santa Barbara.
e. Buildings or structures having an aggregate value of less than $2,000.00 as
determined by the Planning and Development Department. (Amended by Ord. 400],
2/2]/92; Ord. 4228, 6/18/96)
f. The addition of solar collection systems to the roofs of existing buildings or
structures.
g. Poles , wires , underground gas pipelines less than twelve (12) inches in diameter
(see Sec. 35-290., Pipelines), and similar installations erected, installed, or
maintained by public agencies or public service or utility districts or companies.
However, such structures shall be subject to height limitations when located in the
F, Airport Approach Area Overlay District. (Amended by Ord. 3798, 01/09/90; Ord. 4228,
6/18/96).
h. Decks, platforms, walks, and driveways which do not require a Grading Permit
pursuant to Chapter 14 of the County Code and are not over thirty (30) inches
above finish grade and not over any basement or story below. (Amended by Ord.
3798, 01/09/90; Ord. 4001, 2/21/92)
i. Skylights, windows, and doors. (Amended by Ord. 4001, 2/21/92)
j. Window awnings that are supported by an exterior wall and project no more than
54 inches from such exterior wall. (Amended by Ord. 4001, 2/21/92)
k. Spas, hot tubs, and fish ponds that do not exceed 120 sq. ft. in total development,
including related equipment, or does not contain more than 2,000 gallons of
water. (Amended by Ord. 4001, 2/21/92; Ord. 4228, 6/18/96)
1. One-story detached accessory buildings used as tool and storage sheds, playhouses,
gazebos, pergolas and similar uses, provided such buildings do not exceed twelve
(12) feet in height, the roof area does not exceed 120 square feet, and no
plumbing or electrical work is required. (Amended by Ord. 4001, 2/21/92)
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LAND USB PBRMITS
m. Retaining walls (retaining earth only) which are not over 4 feet in height
measured from the bottom of the footing to the top of the wall and do not
require a Grading Permit pursuant to Chapter 14 of the County Code. (Amended
by Ord. 400], 2/21/92)
n. Structures and related development required for temporary motion picture,
television and theater stage sets and scenery, and still photographic sessions,
provided that such development does not require alterations of the natural
environment such as removal of vegetation, grading or earthwork. (,4mended by Ord.
400], 2/21/92)
0. In the RR, A-I, and A-Il districts, agricultura] accessory structures that are roofed
and supported by posts or poles, do not exceed 500 square feet of roof area, are
unenclosed on all sides, and have no plumbing or electrical facilities. (Amended Ord.
400], 2/21/92)
p. Interior alternations that do not result in an increase in the gross floor area within
the structure, do not increase the required number of parking spaces, or do not
result in a change in the permitted use of the structure. (Amended Ord. 400], 2/21/92;
Ord. 4228, 6/18/96)
q. Propane tanks located in resideritial or agricultural zone districts. (Added by Ord.
4063, 8/18/93)
r. Testing and installation of a water well to serve one domestic, commercial,
industrial or recreational connection. (Added by Ord. 4085, 12/15/92)
5. Water wells or water systems for agricultural purposes, except in zone districts
requiring a Development Plan. (Added by Ord. 4085, 12/15/92)
t. Seismic retrofits to existing structures. Seismic retrofits are limited to the addition
of foundation bolts, hold-downs, lateral bracing at cripple walls and other
structural elements required by County Ordinance 4062. The seismic retrofits
shall not increase the gross square footage of the structure, involve exterior
alterations to the structure, alter the footprint of the structure, nor increase the
height of the structure. (Added by Ord. 4228, 6/18/96)
u. The replacement or restoration of conforming buildings or structures damaged or
destroyed by a disaster, as determined by the Planning and Development
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Department. The replaced or restored structure shall conform to all applicable
zone district requirements (including permitted uses), shall be for the same use
shall be in the same general footprint location, shal] not exceed either the floor
area, height, or bulk of the destroyed structure by more than ten (10) percent or
250 square feet, which ever is less. For the purposes of this Section only, bulk
shall be defined as total interior cubic volume as measured from the extenor
surface of the structure. If the Planning and Development Department
determines that the exterior design or specifications are proposed to be changed,
the restored or replaced structure shall be subject to the provisions of Section 35-
329., Board of Architectural Review, if otherwise subject to such review (e.g. the
site is within the D-Design Control Overlay District). (Added by Ord. 4228, 6/]8/96)
2. Where a Development Plan is not required by the applicable zone district regulations,
a Land Use Permit shall not be required for the following grading activities except as
provided in the MT-GOL (Mountainous-Goleta) Zone District, ESH-GOL
(Environmentally Sensitive Habitat-Goleta) Overlay District, and the RC-GOL
(Riparian Corridor-Goleta) Overlay District: (Amended by Ord. 4]]], 7/20/93; Ord. 4228,
6/18/96)
a. Grading for farming and agricultural operations pursuant to Chapter 14 of the
Santa Barbara County Code. (Amended by Ord. 4228, 6/18/96)
b. Other types of grading which do not require a permit under Chapter 14 of the
Santa Barbara County Code.
c. Grading in State designated oil fields involving less than fifteen hundred (1,500)
cubic yards of cut or fill on slopes of less than thirty (30) percent. Provided,
however, that a land use permit shall be required for grading which: (Amended by
Ord. 4228, 6/18/96)
1) Has the potential to change or adversely affect an intermittent or perennial
stream or regional watercourse.
2) Would adversely impact paleontological, archaeological or
uniquely important cultural resources.
3) Could adversely affect exceptional wildlife values.
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4) Is proposed to be located within one mile and in the visible area of a scenic
highway, public park, or area designated as recreational or open space on the
Comprehensive Plan Land Use Maps.
5) Necessitates the removal of three or more trees. These trees must be greater
than seventeen inches in circumference measured two feet above the ground.
The requirements of this Section shall not be construed to alter the provisions and
regulations of Chapter 14 of the County Code. (Added by Ord. 3530, 08/05/85;Amended by Ord.
4228, 6/18/96)
3. For structures, not including agricultural reservoirs, that do not otherwise require a
discretionary permit and are 20,000 or more square feet in size or attached or
detached additions of 10,000 or more square feet when the addition added to the
existing development totals 20,000 square feet, a Development Plan as provided in Sec.
35-317. (Development Plans) shall be required prior to the issuance of any Land Use
Permit.
4. A Land Use Permit shall be required for the following facilities:
a. Unless otherwise provided for in specific districts' regulations, reservoirs not
exempt under Section 35-314.2.2.a that exceed 1,000 square feet and are less than
50,000 square feet of total development; (Amended by Ord. 4228, 6/18/96)
b. Water production, storage, and treatment systems and distribution lines, including
but not limited to, shared water systems, community water systems, water
treatment plants, water package plants and appurtenant fixtures and structures
associated with water wells and water storage tanks, proposed to serve less than
five domestic, comme rcial, industrial or recreational connections; except that in
the RR, R-1/B-1, R-2, and EX-1 zone districts, a Minor CUP shall be required.
c. Water diversion projects.
d. Private flood control projects of less than 20,000 square feet of total development
area
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LAND USB PBRMITS
Sec. 35-314.3. Contents of Application.
As many copies of a Land Use Permit application as may be required by the Planning
and Development Department shall be submitted to the Planning and Development
Department. Said application shall include the following:
a. A site plan which shall indicate clearly and with full dimensions the following
information, if applicable:
1) North arrow and scale of drawing.
2) Site address.
3) Lot dimensions and boundar]es.
4) All proposed and existing buildings and structures and their locations, size,
height and use.
5) Distance from proposed structure(s) to property lines, centerline of the street
or alley, and existing structures.
6) Walls and fences: location, height, and matenals
7) Names and widths of streets (right-of-way) abutting the site.
8) Off-street parking: location, dimensions of parking area, number of spaces,
arrangement of spaces, and internal circulation pattern.
9) Access: pedestrian, vehicular, service; and delineations of all points of ingress
and egress.
10) Signs: location, size, height, and method of illumination.
11) Loading spaces; location, dimensions, and number of spaces.
12) Lighting: general nature, locations, and hooding devices.
13) Proposed street dedications and improvements.
14) All applicable easements.
15) Landscaping, if required.
16) Method of sewage disposal. Show position of septic tanks and leach lines, if
applicable.
17) For commercial and industrial projects indicate where applicable:
a) Number of motel or hotel units.
b) Seating capacity or square footage devoted to patrons.
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c) Tota] number of employees.
b. Source of water sup~y.
C. Afly other information that the tanning and Development Department may
require.
Sec. 35-3 14.4. Processing. (Amended by Ord. 4228, 6/]8/96)
The Planning and Development Department shall review the Land Use Permit
application for conformance with the Comprehensive Plan, this Article, and other
applicable regulations, and shall decide to approve or deny the Land Use Permit. A
Land Use Permit shall not be approved or issued by the Planning and Development
Department until all necessary prior approvals have been obtained.
2. The decision of the Planning and Development Department on the approval or denial
of a Land Use Permit shall be final, subject to appeal to the Planning Commission as
provided in Sec. 35-327. (Appeals).
3. In the case of a development which requires a public hearing and final action by the
Planning Commission or the Zoning Administrator, or final action by the Director, the
Planning and Development Department shall not approve or issue any subsequently
required Land Use Permit within the ten (10) calendar days following the date that the
Planning Commission, Zoning Administrator, or Director took final action, during
which time an appeal of the action may be filed according to Section 35-327.
(Appeals).
4. If a Land Use Permit is requested for property subject to a Resolution of the Board
of Supervisors initiating a rezoning or an amendment to this Article, a Land Use
Permit shall not be approved or issued while the proceedings are pending on such
rezoning or amendment, unless the proposed uses, buildings or structures would
conform to both the existing zoning and existing provisions of this Article, and the said
rezoning or amendment initiated by the Board of Supervisors or unless a Preliminary
or Final Development Plan was approved by the County before the adoption of said
Resolution.
5. Prior to approval of a Land Use Permit, the Planning and Development Department,
or final decision-maker, shall establish a date for posting of public notice and
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L LAND USE PERMITS
commencement of the appeal period, pursuant to Sections 35-326. (Noticing) and 35-
327. (Appeals). If no such date is identified, the required date of posting notice shall
be the first working day following date of approval of the Land Use Permit.
6. A Land Use Permit shall not be deemed effective prior to any appeal period expiring
or, if appealed, prior to final action by the County on the appeal, pursuant to Section
35-327. (Appeals). No entitlement for such use or development shall be granted prior
to the effective date of the Land Use Permit.
Sec. 35-314.5. Findings Required for Approval of a Land Use Permit.
A Land Use Permit shall be issued only if all of the following findings are made:
1. That the proposed development conforms to the applicable policies of 1) the
Comprehensive Plan and 2) with the applicable provisions of this Article and/or falls
within the limited exception allowed under Section 35-306.7. (Amended by Ord. 4228,
6/18/96)
2. That the proposed development is located on a legally created lot. (Amended by Ord. 4228,
6/18/96)
3. That the subject property is in compliance with all laws, rules and regulations
pertaining to zoning uses, subdivisions, setbacks and any other applicable provisions
of this Article, and such zoning violation processing fees as established from time to
time by the Board of Supervisors have been paid. This subsection shall not be
interpreted to impose new requirements on legal non-conforming uses and structures
under § 35-305 et seq.
Sec. 35-3 14.6. Expiration. (Amended by Ord. 4228, 6/18/96)
1. A Land Use Permit shall remain valid only as long as all provisions of this Article and
the Permit are met.
2. A Land Use Permit shall expire two (2) years from the date of issuance if the use,
building, or structure for which the permit was issued has not been established or
commenced in conformance with the effective permit.
3. Prior to the expiration of such two (2)year period, the Director may grant one
extension of one year, for good cause shown, provided that the findings for approval
required pursuant to Sec. 35-314.5., can still be made.
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LAND USE PERMITS
See. 35-314.7. Revocation. (Amended by Ord. 359S, ]O!06/86; Ord. 4228, 6/18/96)
Issuance of the Land Use Permit is contingent upon compliance with all conditions
imposed as part of the project approval. If it is determined that development activity is
occurring in violation of any or all such conditions, the Director may revoke this Permit and
all authorization for development. Written notice of such revocation shall be provided to
the permittee. The decision of the Director to revoke the Land Use Permit may be
appealed to the Planning Commission, as provided in Sec. 35-327.
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Sec. 35-315. Conditional Use Permits.
Sec. 35-315.1. Purpose and Intent.
The purpose of this Sec. 35-315. is to provide for uses that are essential or desirable
but cannot be readily classified as principally perniitted uses in individual districts by reason
of their special character, uniqueness of size or scope, or possible effect on public facilities
or surrounding uses. The intent of this section is to provide for discretionary review of these
uses.
Sec. 35-315.2. Applicability.
The provisions of this Sec. 35-315. shall apply to those uses listed below under Sec.
35-315.4. and .5. and those uses listed in the Uses Permitted with a Conditional Use Permit"
section in various zone districts.
Sec. 35-315.3. Jurisdiction. (Amended by Ord. 4228, 6/18/96)
1. The Zoning Administrator shall have juhsdiction of aH Minor Conditional Use Permits
and extensions of time thereof and the Planning Commission shall have jurisdiction of
all Major Conditional Use Permits and extensions of time thereof.
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See. 35-315.4. Minor Conditional Use Permits. (Amended by Ord. 3439, 04/16/84 & 3452, 07/16/84 &
3477, 12/17/84)
The following uses may be permitted in any zone district in which they are not
otherwise permitted with a Minor Conditional Use Permit, provided the Zoning
Administrator can make the findings set forth in Section 35-315.8. (Findings).
Buildings, structures, facilities and uses of a public works, utilities or private service
nature, except airports, including, but not limited to, the following: (Amended by Ord.
3800, 1/9/90; Ord. 4085, 12/15/92)
a. Unless otherwise provided for in specific districts' regulations, reservoirs that are
50,000 square feet or more of total development.
b. Water production, storage, and treatment systems and distribution lines, including
but not limited to, shared water systems, community water systems, water
treatment plants, water package plants and appurtenant fixtures and structures
associated with water wells and water storage tanks, proposed to serve more than
one domestic, commercial, industrial or recreational connection in the RR, 4- lIE-
1, R-2, and EX-l districts and more than five connections in all other zone
districts.
c. Commercial water trucking facilities involving extraction and storage operations
in the RR, R-l/E-l, R-2, EX-l, DR, PRD, SLP, MHP and MHS zoning districts.
d. Septic tanks or dry wells on all lots in designated Special Problems Areas for
sewage disposal.
e. Experimental waste disposal systems such as, mound or evapo-transpiration
systems.
f. Electrical substations subject to the performance standards and district
requirements of the Public works, Utilities and Private Services Facilities District,
Sec. 35-238, excluding major electric transmission substations.
g. Private flood control projects of more than 21,000 square feet of total
development area. (Amended by Ord. No. 3800, 01/09/90; Ord. 4085, 12/15/92)
(Amended by Ord. No. 3800, 01/09/90)
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2. Fences and walls over six (6) feet in height when located within the front yard setback
or when located within the side yard setback and closer than twenty (20) feet to the
right-of-way of any street. Within areas of the side yard setback that are more than
twenty (20) feet from the right-of-way of any street or within the rear yard setback,
fences and walls of more than eight (8) feet and gateposts of more than ten (10) feet
in height. (Amended by Ord. 400Z 2/21/92)
3. Communication facilities, including any satellite ground station, relay tower, tower or
antenna for the transmission or reception of radio, television and communication
signals which are not subject to regulation by the California Public Utilities
Commission, except ground or roof-mounted receive-only satellite dish antennas used
only by the occupants of the property on which the antennas are located for the non-
commercial, private reception of television signals. Such facilities shall include, but not
be limited to, the following: (a) Antennas and towers less than 50 feet in height within
Urban and Inner Rural Areas; and (b) any facilities that are less than 100 feet in
height ~ used solely in connection with ttham radio" operations by the occupant of
the property where the facility is located or used solely by the Coast Guard or Coast
Guard Auxiliary operations. (Amended by Ord. 3800, 01/09/90)
4. Sale of Agricultural products grown on the premises, subject to the additional
requirements set forth in Section 35-315.12.
5. Special care homes. (Amended by Ord. 3801, 01/09/90)
6. Wind turbines and wind energy systems subject to the provisions of Section 35-300.
(Energy Facilities).
7. Animals, use of property for animals different in kind or greater in number than
otherwise permitted in this Article. (Amended by Ord. 4002, 2/21/92)
8. Uses, buildings, and structures accessory and customarily incidental to the above uses.
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Sec. 35-315.5. Major Conditional Use Permits.
The following uses may be permitted provided the Planning Commission can make the
findings set forth in Section 35-315.8. (Findings).
Except in AG-I, AG-Il, Residential Ranchette, Mountainous-GOL and Resource
Management Zone Districts, the following uses may be permitted in any zone district
in which they are not otherwise permitted, with a Major Conditional Use Permit:
(Amended by Ord. 4111, 7/20/93)
a. Clinic.
b. Conference center.
c. Hospital, sanitarium, nursing home, and rest homes. (Amended by Ord. 3801, 01/09/90)
d. Lbrary.
e. Drive-through facilities for a use otherwise permitted in the zone district subject
to the provisions of Section 35-315.12. (Amended by Ord. No.3941, 9/10/9])
f. Music recording studio. (Amended by Ord. 3941, 9/10/9])
g. Uses, buildings, and structures accessory and customarily incidental to the above
uses.
2. The following uses may be permitted in any zone district in which they are not
otherwise permitted, with a Major Conditional Use Permit:
a. Airport, public, or airstrip, private and temporary.
b. Cemetery.
c. Church.
d. Club facilities.
e. Country club.
f. Educational facilities, including nursery schools and day nurseries.
g. Charitable and philanthropic institutions (except when human beings are housed
under restraint).
h. Extraction and processing of natural, carbonated or mineral waters for sale,
including, but not limited to storage, bottling, and shipping operations. (Amended
by Ord. 4085, 12/15/92)
i. Fairgrounds
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j. Golf courses and driving ranges.
k. Helistops.
1. Hostel.
m. Master television antennae system, subject to the provisions of Sec. 35-315.12.
n. Mausoleum.
0. Mining, extraction, and quarrying of natural resources, except gas, oil, and other
hydrocarbons, subject to the provisions of Sec. 35-320. (Reclamation Plans).
p. Monastery.
q. Mortuary accessory to a cemetery and subject to the provisions of Sec. 35-315.12.
r. Museum.
5. Polo fields and playing fields for outdoor sports.
t. Rodeo.
u. Stable, commercial (including riding and boarding).
V. Wind farms, subject to the provisions of Section 35-300. (Energy Facilities).
w. Buildings, structures, and uses of a public utility nature, including (1) electrical
transmission lines within the jurisdiction of the County; (2) communication
facilities such as antennas, towers, and relay stations for the transmission or
reception of radio, television, and communication signals which are subject to
regulation by the California Public Utilities Commission; (3) all antennas and
towers for communication purposes in rural areas except receive-only satellite dish
antennas as specified in Section 35-315.4.4 and those private, non-commercial
facilities used in conjunction with and serving an agricultural operation located on
the property on which the communication facilities are located, which facilities
shall require a minor conditional use permit subject to Section 35-315.4.4; (4)
antennas and towers that exceed fifty (50) feet in height in urban and inner rural
areas. (Amended by Ord. 3800, O]/09/90)
x. Other public works, utilities and private service facilities, including, but not limited
to, the following:
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C.U.P.s
MAJOR
( 1). Wastewater treatment plants, wastewater package plants, reclamation
facilities, or other similar facilities, proposed to serve up to 199 connections.
(Amended by Ord. 4085, 12/15/92)
y. Certified Farmer's Market incidental to a conference center, club facility,
fairground, church, school, or governmental or philanthropic institution. (Added by
Ord. 4087, 12/15/92)
z. Uses, buildings, and structures accessory and customarily incidental to the above
uses. (Amended by Ord. 4085, 12/15/92)
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C.U.P.s
Sec. 35-315.6. Contents of Application.
1. As many copies of a Conditional Use Fermit application as may be required shall be
submitted to the tanning and Development Department. Said application shall
contain all or as much of the submittal requirements for a Developinent Plan (Sec.
35-317.) as are applicable to the request.
2. In the case of a Conditional Use Permit application in a zone disthct subject to the
Development Plan requirements where the proposed conditional use is not part of a
permitted use, a Development Plan will not be required in addition to obtaining a
Conditional Use Permit.
3. Where a Conditional Use Permit application is submitted in conjunction with a
Development Plan for the property, the Conditional Use Permit shall be processed as
part of the Development Plan.
Sec. 35-315.7. Processing.
1. Upon receipt of the required copies of the Conditional Use Permit application, the
Planning and Development Department shall process the application through
environmental review.
2. The Planning and Development Department shall refer the Conditional Use Permit
application to the SubdMsionIDevelopment Review Committee for review and
recommendation to the Planning Commission or Zoning Administrator. (Amended by
Ord. 4228, 6118/96)
3. The Planning Commission or Zoning Administrator shall then consider the requested
Conditional Use Permit at a noticed public hearing and either approve, conditionally
approve, or deny the request. Notice of the time and place of said hearing shall be
given in accordance with Sec. 35-326. (Noticing).
4. The action of the Planning Commission or Zoning Administrator shall be final subject
to appeal to the Board of Supervisors as provided under Sec. 35-327.3. (Appeals).
5. Conditional Use Permits may be granted for such period of time and upon such
conditions and limitations as may be required to protect the health, safety, and general
welfare of the community. Such conditions shall take precedence over those required
in the specific zone districts.
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See. 35-315.8. Findings Required for Approval.
A Conditional Use Permit application shall only be approved or conditionally approved
if all of the following findings are made:
1. That the site for the project is adequate in size, shape, location, and physical
charactenstics to accommodate the type of use and level of development proposed.
2. That significant environmental impacts are mitigated to the maximum extent feasible.
3. That streets and highways are adequate and properly designed.
4. That there are adequate public services, including but not limited to fire protection,
water supply, sewage disposal, and police protection to serve the project.
5. That the project will not be dethmental to the health, safety, comfort, convenience,
and general welfare of the neighborhood and will be compatible with the surrounding
area.
6. That the project is in c~formance with the applicable provisions and
policies of this Article and the Comprehensive Plan.
7. That in designated rural areas the use is compatible with and subordinate to the scenic
and rural character of the area.
Sec. 35-315.9. Time Limit.
1. Prior to the commencement of the development and/or authorized use permitted by
the Conditional Use Permit, a Land Use Permit authorizing such development and/or
use shall be obtained. At the time of approval of a Conditional Use Permit, a time
limit shall be established within which a Land Use Permit must be obtained. The time
limit shall be a reasonable time based on the size and nature of the proposed
development or use. If no date is specified, the time limit shall be eighteen (18)
months from the effective date of the Conditional Use Permit. The effective date shall
be the date of expiration of the appeal period on the approval of the Conditional Use
Permit, or if appealed, the date of action by the Board of Supervisors. The time limit
may be extended by the decision-maker with jurisdiction over the project one time for
good cause shown, provided a written request, including a statement of reasons for the
time extension request, is filed with the Planning and Development Department prior
to the expiration date. If the required time limit in which to obtain the Land Use
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Permit has expired and no extension has been filed, then the Conditional Use Permit
shall be considered null and void. (,4mended by Ord. 4087, 12/]5/92)
2. A Conditional Use Permit shall become null and void and be automatically revoked
if the use permitted under the Conditional Use Permit is discontinued for a period of
more than one year. Said time may be extended by the decision-maker with
jurisdiction over the project one time for good cause shown, provided a written
request, including a statement of reasons for the time extension request, is filed with
the Planning and Development Department prior to the expiration date.
Sec. 35-315.10. Revocation.
If the decision-maker with jurisdiction over the project determines at a noticed public
hearing pursuant to Section 35-326 (Public Hearing Notice) that the permittee is not in
compliance with one or more of the conditions of the Conditional Use Permit, the decision-
maker with jurisdiction over the project may revoke the Conditional Use Permit, or direct
that the permittee apply for an Amendment or Revision, pursuant to Sec. 35-315.11.
(Amended by Ord. 4087, ]2/]5/92)
Sec. 35-315.11. Substantial Conformity, Amendments and Revisions.
Changes to an approved Conditional Use Permit shall be processed as follows:
1. Substantial Conformity:
The Director may approve a minor change to an approved Conditional Use Permit,
if the Director determines that the change is in substantial conformity with the
approved permit, pursuant to the County's Substantial Conformity Guidelines. No
public noticing or public hearing shall be required for Substantial Conformity
Deterrninations. The action of the Director shall be final, and not appealable. Prior
to the issuance of a ILand Use Permit, pursuant to the Substantial Conformity
Determination, an additional finding must be made that the Land Use Permit
substantially conforms to the previous Conditional Use Permit. (Amended by Ord. 4228,
6/]8/96)
2. Amendments:
Where a change to an approved Conditional Use Permit is not in substantial
conformity with the approved permit, the Director or in the case of a Revocation
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DThUPS
hearing, the decisiori-maker with jurisdiction over the project, may approve or
conditionally approve an application to alter, add, replace, relocate, or otherwise
amend a Conditional Use Permit, providing:
a. The area of the parcel(s) that is under review was analyzed for potential
environmental impacts and policy consistency under the approved permit.
b. AJl of the following additional findings can be made:
1) In addition to the findings required for approval of a Conditional Use Permit
set forth in this Sec. 35-315.8., the Amendment is consistent with the specific
findings of approval, including CEQA findings, that were adopted when the
Conditional Use Permit was previously approved.
2) The environmental impacts related to the proposed change are determined
to be substantially the same or less than those identified for the previously
approved project.
c. A public hearing shall not be required for amendments to an approved
Conditional Use Permit. However, notice shal] be given at least ten (10) days
prior to the date of the decision-maker's decision as provided in Sec. 35-326.
(Noticing). The decision-maker may approve, conditionally approve, or deny the
Amendment. Notice of action shall be given in the same manner as provided in
Sec. 35-326. (Noticing).
3. Revisions:
a. A Revised Conditional Use Permit shall be required for changes to an approved
Conditional Use Permit where the findings set forth in Sec. 35-315.11. for
Amendments cannot be made and substantial conformity cannot be determined.
b. A Revised Conditional Use Permit shall be processed in the same manner as a
new Conditional Use Permit.
(Added by Ord. 4087, 12/]S/92)
Sec. 35-315.12. Conditions, Restrictions, and Modifications (Added by Ord. 4228, 6/18/96)
At the time the Conditional Use Permit is approved, or subsequent Amendments or
Revisions are approved, the Director, Zoning Administrator, Planning Commission or
Board of Supervisors may modify the building height limit, distance between buildings,
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setback, yard, parking, building coverage, landscaping or screening requirements
specified in the applicable zone district when the Director, Zoning Administrator
tanning Commission, or Board of Supervisors finds that such modifications are
justified and consistent with the Comprehensive Plan and the intent of other applicable
regulations and guidelines.
2. As a condition of approval of any Conditional Use Permit, or of any subsequent
Amendments or Revisions, the Director, Zoning Administrator, Planning Commission
or Board of Supervisors may impose any appropriate and reasonable conditions or
require any redesign of the project as they may deem necessary to protect the persons
or property in the neighborhood, to preserve the neighborhood character, natural
resources or scenic quality of the area, to preserve or enhance the public peace
health, safety, and welfare, or to implement the purposes of this Article.
3. The Director, Zoning Administrator, Planning Commission, or Board of Supervisors
may require as a condition of approval of any Conditional Use Permit, or of any
subsequent Amendment or Revision, the preservation of trees existing on the property.
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Add. Requirements
Sec. 35-315.13. Additional Requirements. (Amended by Ord. 4228, 6/18/96)
In addition to the provisions set forth above, the following uses shall be subject to
additional requirements as set forth below:
Master Television Antennas.
Any Conditional Use Perrnit granted by the Planning Commission for Master
Television Antenna or Antennas shall become effective only upon approval by the
Board of Supervisors. Any and all conditions reasonable related to the public health,
safety, and welfare and not in conflict with general laws may be imposed on
Conditional Use Permits granted as provided in this Article, including among other
things, regulation of height, general appearance, and location of guy wires, provided,
however, that in all cases the following express conditions shall apply whether expressly
set out in the Conditional Use Permit or not:
a. No part of any Master Television Antenna or Antennas, nor the cables or lines
or other appurtenances thereto shall be permitted to encroach into, under, over,
or upon, or cross under or over any public streets in the unincorporated territory
of the County of Santa Barbara, unless either a franchise or an encroachment
permit shall first have been obtained from the County of Santa Barbara, and no
such encroachment or crossing shall be permitted to be so maintained except
pursuant to the terms of a valid existing franchise or encroachment permit from
said County.
b. Cables and lines and other appurtenances of Master Television Antenna or
Antennas which are owned and operated by a nonprofit organization or entity
may be permitted to use public streets in the unincorporated territory of said
County pursuant to encroachment permits after first obtaining a Conditional Use
Permit as provided herein. All such encroachment permits and all Conditional
Use Permits granted hereunder shall automatically terminate and become null and
void in the event any Master Television Antenna or Antennas or any part thereof,
or cables, lines or other appurtenances thereto, or parts thereof owned and
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operated by a nonprofit organization or entity shall be transferred to or operated
by any person, or entity organized or operating for profit-making purposes. This
provision shall not be deemed to prevent the acquisition or operation of such
Master Television Antennas or parts thereof as set out hereinabove, by any
person or entity organized or operating for profit-making purposes, which shall
first have obtained a valid franchise and a valid Conditional Use Permit as
provided herein, for such purposes.
c. Transmission of television and radio frequency modulation signals shall be by
coaxial cable conforming to Federal Communications Commission standards to
prohibit radiation interference, unless otherwise expressly permitted by the Board
of Supervisors upon satisfactory evidence that no such radiation interference is
likely to result.
d. All Master Television Antenna Systems shall be so designed, constructed, and
oriented as to be able to receive all local television and radio frequency
modulation station signals which include the Master Television Antenna System
within their class "A" signal areas as the same are designated by the Federal
Communications Commission.
2. Mortuaries, Crematories, and Funeral Homes.
Subject to the issuance of a Conditional Use Permit, mortuaries, crematories, and
funeral homes may be permitted in the following locations:
a. Within cemeteries operating under a valid Land Use Permit,
b. On any parcel of land abutting such a cemetery, or
c. On property zoned to permit multiple family dwellings where such property abuts
upon or is directly across the street from property zoned for commercial or
industrial purposes.
In all such locations, the Planning Commission shall impose conditions requiring that
the architectural design of all buildings and structures be compatible with neighboring
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uirements
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residential buildings, that signs are unobtrusive, and that adequate off-street parking
space is provided for funeral procession assembly areas.
3. Handicraft Industries.
A Conditional Use Permit may be issued under the provisions of this Sec. 35-315. for
the manufacture in C-2 and C-3 Districts of handicraft items, jewelry, notions, and
other items on a small scale, and involving no effects on surrounding property which
would constitute a greater nuisance than those created by other uses permitted in the
district in which such manufacture is allowed. A Conditional Use Permit for such use
may only be issued subject to the provisions of this Sec. 35-315. and to the following
conditions and to any further conditions which, in the opinion of the Zoning
Administrator are necessary to protect the public peace, health, safety, and general
welfare, to maintain property values in the neighborhood, and to safeguard essential
community services and values such as traffic circulation, sewage disposal, water
supply, fire protection, and neighborhood character: (;4me7:ded by Ord. 4002, 2/21/92)
a. All manufacturing activities shall be conducted within a completely enclosed
building having a total gross floor area of not to exceed 2,500 square feet.
b. All storage of materials and equipment shall be screened from view from
surrounding properties by a solid fence or wall approved by the Zoning
Administrator. (Amended by Ord. 4002, 2/21/92; Amended by Ord. 4063, 8/18/92)
c. No fumes, noxious gases, objectionable odors, heat, glare, or radiation generated
by or resulting from such use shall be detectable at any point upon the boundary
of the property upon which the use is located.
d. The use shall create no objectionable noise or vibration.
e. No smoke or dust shall be created except from the heating of buildings.
4. Drive-through Facilities.
In considering an application for such a Conditional Use Permit, in addition to the
findings in Sec. 35-315.8., the permit shall be granted only if the drive-through facility
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uirements
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is found to have no greater adverse impact upon air quality than the same use without
the drive-through facility.
5. Sale of agricultural products grown on the premises. (Added by Ord. 3439, 04/16/84)
a. This use shall not be permitted in the EX-1 Zoning District.
b. The premises shall consist of two (2) or more contiguous acres.
c. If a building or structure is required for the saJe of such products, the sale shall
be conducted either within an existing accessory building or from a separate stand
not to exceed two hundred (200) square feet of sales and storage area except that
if the premises consist of five (5) or more contiguous acres, such building shall not
exceed six hundred (600) square feet. The bui]ding or structure shall be located
no closer than 20 feet to the right-of-way line of any street; this requirement shall
apply in lieu of any other setback requirements of the zone district or the sign
regulations. Only one (1) stand shall be allowed on the premises.
d. New structures shall be approved by the County Board of Architectural Review.
e. A building permit shall be obtained, if required by the Division of Building and
Safety.
f. Signs advertising the sale of agricultural products shall conform to Section 35-16.2
of Article I of Chapter 35 of the Santa Barbara County Code.
g. A minimum of two (2) permanently maintained onsite parking spaces shall be
provided, which shall not be located closer than 20 feet to the right-of-way line
of any street.
h. Prior to the issuance of a land use permit, a permit for the sale of agricultural
products shall be obtained from the Department of Health Care Services pursuant
to Title 17, California Administrative Code Section 13653.
6. Composting Facility. (Added by Ord. 4118, 9/21/93)
A Conditional Use Permit may be issued under the provisions of this Sec. 35-315. for
a Composting Facility, in an AG-I or AG-Il District, that includes the use of off-premise
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C.U.P.s
Add Requirements
generatd feedstock and may include the on-premise commercial sale of the resultant
compost products, subject to, at a minimum, the following conditions:
a. The facility shall at all times be in compliance with the applicable regulations
contained in the California Code of Regulations, Title 14, Division 7, as may be
amended from time to time.
b. If a building or structure is required for the sale of such product, the sale shall be
conducted either within an e~sting accessory building or from a single, separate
stand not to exceed 600 square feet of sales and storage area.
c. Signs accessory to the facility shall conform to Article I of Chapter 35 of the Santa
Barbara County Code (Sign Ordinance).
d. A minimum of two permanently maintained on-site parking spaces shall be
provided which shall not be located closer than 20 feet to the hght-of-way line of
any street.
e. All other permits required by County departments for such a facility, except those
permits required by the Department of Public Works, Division of Building and
Safety, shall be obtained prior to issuance of zoning clearance which is required
prior to commencement of the use of the facility.
f. Tonnage reports showing the amount of materials used in the composting
operation shall be given to the Department of Public Works, Solid Waste
Division, and the Department of Environmental Health, on a quarterly basis.
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VARIANCES
Sec. 35-316. Variances.
Sec. 35-316.1. Purpose and Intent.
The purpose and intent of this section is to allow variances from the strict application
of the regulations on land, buildings, and structures of this Article where, because of
exceptional conditions such as the size, shape, unusual topography, or other extraordinary
situation or condition of such piece of property, the literal enforcement of this Article would
impose practical difficulties or would cause undue hardship unnecessary to carry out the
intent and purpose of this zoning ordinance.
Sec. 35-316.2. Applicability.
1. The provisions of this section shall apply to all zone districts.
2. In no case shall a variance be granted to permit a use or activity which is not otherwise
permitted in the district in which the property is located.
3. Variances may only be granted from the regulations on land, buildings, and structures,
and no variances may be granted from the procedural regulations of this Article.
Sec. 35-316.3. Jurisdiction.
Upon making the findings required under this section, the Zoning Administrator may
approve or conditionally approve Variances to the regulations applicable to physical
standards for land, buildings, and structures contained in this Article. (Amended by OTd. 4003,
2/21/92).
Sec. 35-316.4. Contents of Application.
As many copies of a Variance application as may be required shall be submitted to the
Planning and Development Department. Said application shall contain full and complete
information as required pertaining to the request.
Sec. 35-316.5. Processing.
1. An application filed pursuant to this section that is inconsistent with the use and/or
density requirements of this Article or the adopted Comprehensive Plan must be
accompanied by an application to make the project consistent. The Planning and
Development Department may refuse to accept for processing any application the
Director finds to be inconsistent with the Comprehensive Plan.
2. The Zoning Administrator shall hold at least one noticed public hearing on the
requested Variance and either approve, conditionally approve, or deny the request.
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F%mIANCES
Notice of the time and place of said hearing shall be given in the manner prescribed
in Sec. 35-326 (Noticing). (Amended by OTd. 4003, 2/21/92)
3. The Zoning Administrator, in granting said Variance may require such conditions as
deemed necessary to assure that the intent and purpose of this Article and the public
health, safety, and welfare will be promoted. (Amended by Ord. 4003, 2/21/92)
4. The Zoning Administrator's action is final, subject to appeal to the Board of
Supervisors as provided in Sec. 35-327. (Appeals). (Amended by Ord. 4003, 2/21/92)
Sec. 35-316.6. Findings Required for Approval.
A Variance shall only be approved if all of the following findings are made:
1. Because of special circumstances applicable to the property, including but not limited
to size, shape, topography, location or surroundings, the strict application of the zoning
ordinance deprives such property of privileges enjoyed by other property in the vicinity
and under idcntical zoning classification.
2. The granting of the variance shall not constitute a grant of special pnvileges
inconsistent with the limitations upon other property in the vicimty and zone in which
such property is situated.
3. That the granting of the variance will not be in conflict with the intent and purpose of
this Article or the adopted Santa Barbara County Comprehensive Plan.
4. The applicant agrees in writing to comply with all conditions imposed by the County
in the granting of the variance.
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DEV. PLANS
Sec. 35-317. ~1o ment Plans.
Sec. 35-317.1. Purpose and Intent.
The purpose of a Development Plan is to provide discretionary action for projects
allowed by right within their respective zoning districts which, because of the type, scale, or
location of the development, require comprehensive review.
Sec. 35-317.2. Applicability.
1. No permit shall be issued for any development, including grading, for any property
subject to the provisions of this Sec. 35-317. until a Preliminary and/or Final
Development Plan has been approved as provided below. (Amended by OTd. 4087, 12/15/92)
2. In the Highway Commercial (CH), Service Commercial (C-S), Limited Commercial
(C-i), Industrial Research Park (M-RP), Light Industry (M-1), General Industry (M-2),
Shopping Center Commercial (SC), Professional and Institutional (P1), zoning districts,
Preliminary and Final Development Plans for buildings and structures which do not
exceed a total of 10,000 square feet in gross floor area for the entire parcel when
combined with all structural development on the parcel, shall be under the jurisdiction
of the Director and shall be processed as set forth herein. (Amended by Ord. 4004, 2/21/92;
Amended by Ord. 4063, 8/18/92; Amended by Ord. 4145, 2/8/94))
3. In the Neighborhood Commercial (CN), Visitor Serving Commercial (CV), Public
Utilities (PU), and Recreation (REC) zoning districts, Preliminary and Final
Development Plans for buildings and structures which do not exceed a total of 10,000
square feet in gross floor area for the entire parcel, when combined with all structural
development on the parcel, shall be under the jurisdiction of the Zoning Administrator
and shall be processed as set forth herein. (Added by Ord. 4063, 8/18/92)
4. An applicant may file a Preliminary and then a Final Development Plan, or just a
Final Development Plan. When only a Final Development Plan is filed, it shall be
processed in the same manner as a Preliminary Development Plan.
5. No portion of any property not included within the boundaries of the Development
Plan shall be entitled to any development permits.
Sec. 35-317.3. Contents of Preliminary Development Plan.
1. Unless the Planning Commission expressly waives the requirement, an application for
a rezone to any district which is subject to the regulations of this section shall include
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ThzDEV.PLANS
a Preliminary Development Plan as part of the application. Upon Board of
Supervisors' approval of the Rezoning and the Preliminary Developrnent Plan, the
Preliminary Development Plan may be made a part of the adopting ordinance
amendment placing the new zone district regulations on the property.
2. As many copies of a Preliminary Development Plan as may be required shall be
submitted to the Planning and Development Department. Unless otherwise specifically
waived by the Planning and Development Director, the information submitted as part
of the Preliminary Development Plan shall include the following:
a. A plot plan of the proposed development drawn in graphic scale showing (Amended
by Ord. 4087, 12/15/92):
1) Gross acreage and boundaries of the property
2) ILocation of areas of geologic, seismic, flood, and other hazards
3) Location of areas of prime scenic quality, habitat resources, archaeological
sites, water bodies, and significant existing vegetation
4) Location of all existing and proposed structures, their use, and square footage
of each structure
5) All interior circulation patterns including existing and proposed streets
walkways, bikeways, and connector roads and other major highways
6) Location of all utilities easements
7) ILocation and use of all buildings and structures within 50 feet of the
boundaries of the property
8) Location and amount of land devoted to public purposes, open space,
landscaping, and recreation
9) Location and number of parking spaces
10) All easements.
b. Contour map showing topography including existing natural contours and
proposed grading lines.
c. Proposed drainage system.
d. Proposed (schematic) building elevations, including building height(s) and other
physical dimensions drawn in graphic scale (Amended by Ord. 4087, 12/15/92).
e. Statistical information including the following:
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1) Number and type of dwelling units in each building, i.e., single family
dwelling, condominium, apartment, etc., and number of bedrooms in each
unit.
2) Square footage and percentage of total net land area of the property devoted
to landscaping and open space.
3) Total number of parking spaces and parking ratio parking spaces per
building square foot, number of employees or dwelling units, whichever is
applicable.
4) Total square footage of gross floor area of all stories, and percent of total net
land area of the site covered by buildings.
5) Estimated number of potential residents in each residential category.
6) Number of employees and number of proposed new employees, if applicable.
7) Average slopes, if parcel contains slopes of 30 percent or more.
8) History of water use on the property measured in acre feet per year for the
preceding ten (10) years, when available. (Added by Ord. 4087, 12/15/92)
f. Aerial photograph of the property and surrounding parcels, when available. (Added
by Ord. 4087, 12/15/92)
g. Demonstration of a validly created parcel and graphic configuration of such legal
parcels. (Added by Ord. 4087, 12/15/92)
h. A statement of intent with respect to the establishment of utilities, services, and
facilities including water, sewage disposal, fire protection, police protection,
schools, and transportation, i.e., access, proximity to public transit, or provision of
bike lanes, etc.
Measures to be used to prevent or reduce nuisance effects, such as noise, dust,
odor, smoke, fumes, vibration, glare, traffic congestion, and to prevent danger to
life and property.
j, If development is to occur in stages, the sequence and timing of construction of
the various phases.
k. Proposed public access or recreational areas, trails, or streets to be dedicated to
the County.
Any other data requested by the Planning and Development Department.
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343 May 1994
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DBV.
See. 35-317.4. Processing of Preliminary Development Plan.
~ * Any application filed pursuant to this section that is inconsistent with the use and/or
density requirements of this Article or the adopted Comprehensive Plan must be
accompanied by an application to make the project consistent. The Planning and
Development Department may refuse to accept for processing any application the
Director finds to be inconsistent with the Comprehensive Plan.
2. Upon receipt of the Preliminary Development Plan, the Planning and Development
Department shall process the plan through environmental review.
3. The Planning and Development Department shall refer the Preliminary Development
Plan to the Subdivision/Development Review Committee and the Board of
Architectural Review for review and recommendation to the Planning Commission,
Zoning Administrator, or the Director. (Amended by Ord. 4004, 2/21/92; Ord. 4068, 8/18/92; Ord.
4228, 6/18/96))
4. If the Preliminary Development Plan is under the jurisdiction of the Director, a public
hearing shall not be required. However, notice shall be given at least ten (10) days
prior to the date of the Director's decision as provided in Sec. 35-326 (Noticing). The
Director may approve, conditionally approve, approve with modifications of
development standards, or deny the plan. The Director shall give notice of approval
pursuant to Sec. 35-326. The Director's decision shall be final, subject to appeal to the
Planning Commission as provided in Section 35-327. (Appeals). (Amended by Ord. 4004,
2/21/92; Amended by Ord. 4087, 12/15/92)
5. The Planning Commission or Zoning Adminstrator shall consider Preliminary
Development Plans within their jurisdictions at a noticed public hearing and approve
conditionally approve, approve with modification of development standards, or deny
the plan. The Planning Commission or Zoning Administrator action shall be final,
subject to appeal to the Board of Supervisors as provided in Sec. 35-327. (Appeals).
(Amended by Ord. 4004, 2/21/92) (Amended by Ord. 4063, 8/18/92; Amended by Ord. 4087, 12/15/92)
6. If the Preliminary Development Plan is in conjunction with a Rezone application, the
Planning Commission shall recommend approval, conditional approval, approval with
modification of the development standards, or denial to the Board of Supervisors.
(Amended by Ord. 4087, 12/15/92)
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ThfflDBV.PLANS
7. If a Revised Preliminary Development Plan is required as provided in Sec. 35-317.10.,
it shall be processed in the same manner as the original plan. When approved by the
Board of Supervisors, Planning Commission, Zoning Administrator, or Director, such
revised plan shaH automatically supersede any previously approved plan. (Amended by
Ord. 4004, 2/21/92; Ord. 4063, 8/18/92; Ord. 4087, ]2/]5/92)
Sec. 35-317.5. Contents of Final Development Plan.
As many copies of the Final Development Plan as may be required shall be submitted
to the Planning and Development Department. Unless specifically waived by the
Director, the information submitted shall consist of the following:
a. All information and maps required under Sec. 35-317.3., Preliminary Development
Plan submittal.
b. Floor plans of each building indicating ground floor area and total gross and net
floor area of each building.
c. Proposed landscaping indicating type of irrigation proposed, existing and proposed
trees, shrubs, and ground cover, and delineating species, size, and placement.
(Amended by Ord. 4087, 12/]5/92)
d. Description of proposed Homeowners Association (if applicable), indicating major
elements to be included in the CCR's, deeds, and restrictions and methods of
open space maintenance. (Amended by Ord. 4087, ]2/]5/92).
e. The proposed method of fulfilling all conditions of approval required on the
Prelimina7 Development Plan.
f. Any other data requested by the Planning and Development Department.
Sec. 35-3 17.6. Processing of Final Development Plan. (Amended by Ord. 3614, 10/17/86)
Any application filed pursuant to this section that is inconsistent with the use and/or
density requirements of this Article or the adopted Comprehensive Plan must be
accompanied by an application to make the project consistent. The Planning and
Development Department may refuse to accept for processing any application the
Director finds to be inconsistent with the Comprehensive Plan.
2. Upon receipt of the Final Development Plan, the Planning and Development
Department shall process the plan through Bnvironmental Review and refer the plan
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345 May 1994
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DEV.
to the Subdivision Committee, unless there is no change from the preliminary
Development Plan.
3. The Final Development Plan shall be referred to the Board of Architectural Review
for final review and recommendations, if necessary.
4. When the Board of Supervisors, Planning Commission, Zoning Administrator, or
Director has approved a Preliminary Development Plan, the Director shall review the
Final Development Plan to determine that the plan is in substantial conformity' with
the Preliminary Development Plan pursuant to the provisions set forth in this Section.
The Director shall approve, conditionally approve, or deny the Final Development
Plan, without a public heahng. The Director shall give notice of action pursuant to
Section 35-326. The Director's action shall be final subject to appeal to the Planning
Commission as provided in Sec. 35-327. (Appeals). (Amended by Ord. 4004, 2/21/92; Ord.
4063, 8/]8/92)
5. If the Final Development Plan has any substantial changes from the Preliminary
Development Plan approved by the Board of Supervisors, Planning Commission, or
Zoning Administrator, other than those required by conditions set in the Preliminary
Development Plan, the Director shall refer the Final Development Plan to the hearing
body with jurisdiction (Planning Commissioner or Zoning Administrator) for approval.
(Amended by Ord. 4004, 2/2]/92; 4063, 8/18/92)
6. When there is no Preliminary Development Plan, the Final Development Plan shall
be processed according to Sec. 35-317.4. (Amended by Ord. 4004, 2/21/92)
Sec. 35-317.7. Findings Required for Approval.
A Preliminary or Final Development Plan shall be approved only if all of the following
findings can be made:
a. That the site for the project is adequate in size, shape, location, and physical
characteristics to accommodate the density and intensity of development
proposed.
b. That adverse impacts are mitigated to the maximum extent feasible.
c. That streets and highways are adequate and properly designed.
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346 May 1994
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Fmv.PLANS
d. That there are adequate public serv~ees, including but not limited to, fire
protection, water supply, sewage disposal, and police protection to serve the
project.
e. That the project will not be detrimental to the health, safety, comfort,
convenience, and general welfare of the neighborhood and will not be
incompatible with the surrounding areas.
f, That the project is in conformance with 1) the Comprehensive Plan and 2) the
applicable provisions of this Article and/or the project falls with the limited
exception allowed under Section 35-306.7. (Amended by Ord. 4228, 6/]8/96)
g. That in designated rural areas the use is compatible with and subordinate to the
scenic and rural character of the area.
h. That the project will not conflict with any easements required for public access
through, or public use of a portion of the property.
2. A Final or Revised Final Development Plan shall only be approved if the following
additional finding is made:
Such plan is in substantial conformity with any approved Preliminary or Revised
Preliminary Development Plan except when the Planning Commission, Zoning
Administrator, or Director considers a Final Development Plan for which there is no
previously approved Preliminary Development Plan. In this case, the Planning
Commission, Zoning Administrator, or Director may consider the Final Development
Plan as both a Preliminary and Final Development Plan. (Amended by Ord. 4004, 2/2]/92;
Ord. 4087, 12/15/92)
Sec. 35-317.8. Conditions, Restrictions, and Modifications.
At the time the Preliminary or Final Development Plan is approved, the Director,
Zoning Administrator, Planning Commission, or Board of Supervisors may modify the
building height limit, distance between buildings, setback, yard, parking, building
coverage, landscaping or screening requirements specified in the applicable zone
district when the Director, Zoning Administrator, Planning Commission, or Board of
Supervisors finds that such modifications are justified. (Amended by Ord. 4004, 2/21/92)
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DEV.
LULL']
2. As a condition of approval of any Preliminary or Final Development Plan, the
Director, Zoning Administrator, Planning Commission, or Board of Supervisors may
impose any appropriate and reasonable conditions or require any redesign of the
project as they may deem necessary to protect the persons or property in the
neighborhood, to preserve the neighborhood character, natural resources or scenic
quality of the area, to preserve or enhance the public peace, health, safety, and
welfare, or to implement the purposes of this Article. (;4mended by Ord. 4004, 2/2]/92; Ord.
4063, 8/J8/92)
3. The Director, Zoning Administrator, Planning Commission, or Board of Supervisors
may require as a condition of approval of any Development Plan, the preservation of
trees existing on the property. (Amended by Ord. 4004, 2/21/92; Ord. 4063, 8/18/92)
Sec. 35-317.9. Time Limit.
1 . A Preliminary Development Plan shall expire two (2) years after its approval, except
that, for good cause shown, it may be extended for one year from the date the
extension was granted by the Director, Zoning Administrator, or Planning Commission.
The Preliminary Development Plan shall expire one year from the date the extension
was granted or two years from the expiration date of the originally approved
Development Plan, which ever comes first. A written request to extend the life of the
Preliminary Development Plan must be received prior to the expiration of such Plan.
(Amended by Ord. 4228, 6/18/96)
2. Except as provided in Sec. 35-317.9.3., below, Final Development Plans shall expire
five (5) years after approval unless, prior to the expiration date, substantial physical
construction has been completed on the development or a time extension has been
applied for by the applicant. The decision-making body with jurisdiction for the
development pro]ect may, upon good cause shown, grant a time extension of one year
from the date the extension was granted for the Final Development Plan. The
Development Plan shall expire one year from the date the was granted extension or
two years from the expiration date of the originally approved Final Development Plan,
whichever comes first. A written request to extend the life of the Final Development
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DBV. PLANS
Plan must be received prior to the expiration of such Plan. (;4mended by Ord. 4063,
8/18/92; Ord. 4228, 6/18/96)
3. In the designated Rural Area, for parcels with a base Zone District of AG-Il and no
designated Comprehensive Plan or Zoning overlays, Final Development Plans for
Agricultural Development shall expire ten (10) years after approval unless, prior to the
expiration date, substantial physical construction has been completed on the
development or a time extension has been applied for by the applicant. The decision-
making body with jurisdiction for the development project may, upon good cause
shown, grant a time extension of one year from the date the extension was granted for
the Final Development Plan. The Development Plan shall expire one year from the
date the extension was granted or two years from the expiration date of the originally
approved Final Development Plan, whichever comes first. A written request to extend
the life of the Final Development Plan must be received prior to the expiration of such
Plan. (Added by Ord. 4063, 8/18/92; Amended by Ord. 4228, 6/18/96)
Sec. 35-317.10. Substantial Conformity, Amendments and Revisions. (Added by Ord. 4087,
12/15/92)
Changes to an approved Preliminary or Final Development Plan, shall be processed as
follows:
Substantial Conformity:
The Director may approve a minor change to a Final Development Plan, if the
Director determines that the change is in substantial conformity with the Final
Development Plan, pursuant to the County's Substantial Conformity Guidelines. No
public noticing or public hearing shall be required for Substantial Conformity
Determinations. The action of the Director shall be final and not appealable. Prior
to the issuance of a Land Use Permit, pursuant to the Substantial Conformity
Determination, an additional finding must be made that the Land Use Permit
substantially conforms to the previous Final Development Plan. (Amended by Ord. 4228,
6/18/96)
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mDEV.PLANS
2. Aniendents:
Where a change to a Final Development Plan is not in substantial conforniity with the
approved plan, the Director may approve or conditionally approve an application to
~ter, add, replace, relocate or otherwise amend a Final Development Plan, providing:
a. The area of the parcel(s) under review was analyzed for potential environmental
impacts and policy consistency as a part of the approved plan;
b. All of the following additional findings can be made:
1) In addition to the findings required for approval of a Final Development Plan
set forth in this Sec. 35-317.7., the proposed Amendment is consistent with
the specific findings of approval, including CEQA findings, that were adopted
when the Final Development Plan was previously approved.
2) The environmenta] impacts related to the proposed change are determined
to be substantially the same or less than those identified for the previously
approved project.
c. A public hearing shall not be required for Arnendments to a Final Development
Plan. However, notice shall be given at least ten (10) days phor to the date of
the Director's decision as provided in Sec. 35-326. (Noticing). The Director may
approve, conditionally approve, or deny the Amendment. Notice of action shall
be given in the same manner as provided in Sec. 35-326. (Noticing).
3. Revisions:
a. A Revised Development Plan shall be required for changes to a Preliminary, or
for changes to a Final Development Plan where the findings set forth in Sec. 35-
317.10. for Aniendments cannot be made and substantial conformity cannot be
determined.
b. A Revised Development Plan shall be processed in the same manner as a new
Preliminary or Final Development Plan except as provided under Section 35-
317.1O.3.c below. (Amended by Ord. 4155, 5/3/94)
c. The Zoning Administrator may approve a Revision to a Development Plan
approved pursuant to the Housing Element of the County of Santa Barbara as
adopted in 1989 to reflect the 1993 Housing Element in place of affordable
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FjBV.PLANS
housing conditions imposed pursuant to the 1989 Housing cement. A Revision
shall only be approved if the findings in Section 35-317.7 can be made. Th&
Revision shall be confined to housing requirements only. The provisions of this
Section shall expire on January 1, 1996.
In order for a Revision to be approved under this provision, the Zoning
Administrator shaH find that the project has met all of criteria listed below at the
time of application submittal:
1. The project is for residential use.
2. The project has permit conditions requiring affordable housing based on the
previous Housing Element adopted in 1989.
3. a. The project is located in a Housing Market Area (HMA) where the
moderate income need is currently being provided by the unrestricted
housing market as identified in the Housing Element Implementation
Guidelines and the affordable units have not yet received occupancy
clearance or the developer has not yet paid in-lieu fees at the time the
revision is requested, depending on the original permit requirements; or,
b. The project is located in a HMA where there is a need for all levels of
affordable housing as identified in the Housing Element Implementation
Guidelines and the developer has not yet recorded an affordable housing
agreement with the County or has not yet paid in-lieu fees at the time
the revision is requested, depending on what the original permit
conditions required.
4. The project was not approved pursuant to a settlement agreement with the
County.
5. The developer is not requesting any incentives as part of the Revision
request.
(Added by Ord. 4155, 5/3/94)
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SPECIFIC PLANS
See. 35-318. Specific Plans.
See. 35-318.1. Purpose and Intent.
1. These regulations are based on the recognition that one parcel or a group of parcels
of land which may be in separate ownership are suitable for a specific use or
combination of uses, and should be planned as a unit to ensure protection of valuable
resources and allow maximum flexibility in site planning.
2. The purpose of the Specific Plan is to allow for a more precise level of planning for
an area than is ordinarily possible in the Comprehensive Plan Land Use Element and
to provide for a mixture of uses through comprehensive site planning.
3. This section is adopted to guide the preparation of Specific Plans pursuant to the
provisions of Gov't. Code. § 65450-553.
Sec. 35-318.2. Applicability.
1. A Specific Plan shall not be considered adopted until a site development plan as
described in Sec. 35-318.3. paragraph 2., together with the required accompanying
data, have been approved by ordinance by the Board of Supervisors after consideration
at a noticed public hearing and a recommendation by the Planning Commission.
2. At the time of adoption of the Specific Plan, the Board of Supervisors shall determine
whether the existing zoning on the property is consistent with the Specific Plan. If the
Board of Supervisors finds that it is not consistent, then either the County of Santa
Barbara or proponent of the Specific Plan shall initiate rezoning of the parcel(s) to
bring the zoning into conformance with the Specific Plan.
3. Even after the Board of Supervisors adopts the Specific Plan, no construction shall
commence on properties requiring a Specific Plan until a Final Development Plan, as
provided in Sec. 35-317., (Development Plans), has been approved.
Sec. 35-318.3. Contents of Specific Plans.
1. As many copies of a Specific Plan as may be required shall be submitted to the
Planning and Development Department.
2. Unless specifically otherwise authorized in writing by the Director, the information
submitted as part of the Specific Plan shall consist of a site development plan including
a map or maps drawn to scale and other supplemental information indicating:
a. Acreage and approximate boundaries of the property;
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SPECIFIC PLANS
b. Contour maps showing topography and areas proposed for major regrading;
C. Approximate width and location of proposed streets and their connector roads
and other major highways on surrounding property;
d. Location of areas of geologic, seismic, flood, and other hazards;
e. Location of areas of prime scenic quality, habitat resources, archaeological sites,
water bodies, and areas with significant existing vegetation;
f. Location of all proposed structures including but not limited to residential
( distinguishing between the various types of residential structures, i.e., single
family dwelling, duplex, apartment, condominium, etc.), industrial, and
recreational structures, a description of the general dimensions and square footage
of each of these structures, and an indication of the total number of and
estimated total population for each type of dwelling unit;
g. Location and amount of open space for use by prospective residents and the
public
h. Location and description of proposed recreational facilities;
i. Location of parking areas
j. A statement of intent with respect to establishment of utilities, services, and
facilities, including water, sewage disposal, fire protection, police protection, and
schools;
k. If development is to occur in stages, a general indication of the sequence and time
of construction of the various phases; and
I. Any other supplementary data requested by the Planning and Development
Department.
Sec. 35-318.4. Processing.
After receipt of the Specific Plan, the Planning and Development Department shall
process the plan through environmental review.
2. The Planning and Development Department shall refer the Specific Plan to the
Subdivision/Development Review Committee for review and recommendation to the
Planning Commission.
3. The Planning Commission shall hold at least one noticed public hearing on the Specific
Plan. Notice of time and place of said hearing shall be given in accordance with the
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LfflfflECIFICPLANS
procedures set forth in Sec. 35-326. (Noticing). A~y hearing may be continued from
time to time.
4. If the Planning Commission recommends approval, with or without modifications, the
matter shall be referred back to the Planning and Development Department and
County Counsel for the preparation of an ordinance adopting the Specific Plan. The
Planning Commission's recommendation on the Specific Plan shall be transmitted to
the Board of Supervisors by Resolution of the Planning Commission carried by the
affirmative votes of not less than a majority of its total voting members. The
Resolution shall be accompanied by a statement of the Planning Commission's reasons
for such recommendation.
5. The Board of Supervisors shall hold at least one noticed public hearing before
adopting the proposed Specific Plan. The notice of time and place of said hearing
shall be given in the same time and manner as provided for the giving of notice of the
hearing by the Planning Commission. Any hearing may be continued from time to
time.
6. The Board of Supervisors shall not make any change or addition to any proposed
Specific Plan thereto recommended by the Planning Commission until the proposed
change or addition has been referred to the Planning Commission for a report and a
copy of the report has been filed with the Board of Supervisors Failure of the
Planning Commission to report within 40 days after the reference or such longer
period as may be designated by the Board of Supervisors shall be deemed to be
approval of the proposed change or additions. It shall not be necessary for the
Planning Commission to hold a public hearing on the proposed change or addition.
7. The adoption of the Specific Plan shall be by ordinance.
8. Even after adoption of a Specific Plan, no permits shall be issued for construction,
erection, or moving in of any building, nor for grading, nor for any use of land which
requires a Land Use Permit until a Final Development Plan as required under the
applicable zoning district has been approved.
9. Amendments to the Specific Plan shall be processed in the same manner as specified
for adoption of an original Specific Plan.
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SPECIFIC PLANS
Sec. 35-318.5. Findings Required for Approval.
A Specific Plan shall not be adopted unless all of the following findings are made:
1. The Specific Plan is in conformance with and will implement all applicable
Comprehensive Plan policies and incorporates any other conditions specifically
applicable to the parcels that are set forth in the plan.
2. The Specific Plan will not be detrimental to the health, safety, comfort, convenience,
and general welfare of the neighborhood.
3. The Specific Plan will not adversely affect necessary community services such as traffic
circulation, sewage disposal, fire protection, and water supply.
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OIL DRILLING & PRODUCTION PLANS
Sec. 35-319. ~Dn1lin and Production Plans
Sec. 35-319.1. Purpose and Intent.
The purpose of Oil Drilling and Production Plans is to provide for discretionary review
of the facilities for oil and gas drilling and/or production which may, because of scale or
location of development, have a significant potential for impacts on natural resources. The
intent of the requirements for Oil Drilling and Production Plans is to insure that impacts on
natural resources from such activities are minimized to the maximum extent feasible.
Sec. 35-319.2. Applicability of Oil Drilling and Production Plans.
No Land Use Permit shall be issued for any activity related to oil and gas drilling or
production, including grading, for any property subject to the provisions of this section until
an Oil Drilling and Production Plan has been approved as provided herein. Only property
included within the boundaries of an approved Oil Drilling and Production Plan shall be
entitled to a Land Use Permit for oil drilling and production operations.
Sec. 35-319.3. Contents of Oil Drilling and Production Plans.
As many copies of an Oil Drilling and Production Plan as may be required shall be
submitted to the Planning and Development Department. Unless otherwise specifically
waived by the Director, the information to be submitted as part of an Oil Drilling and
Production Plan shall consist of the following:
1. A U.S.G.S. map (7.5 minute series topographic) or facsimile showing the project
site(s); lease boundaries; and the routing of existing and proposed roads and pipelines
to be used in conjunction with the project.
2. A plot plan, drawn to scale, showing:
a) Property lines;
b) Drill sites;
c) Location of the drill rig, mud pit and other proposed facilities
d) Accurate location and width of proposed roads; and
e) Water courses, roads, and buildings within 200 feet of the site.
3. Copy of completed State Division of Oil and Gas and County Petroleum applications.
4. Copy of completed County environmental review application form and petroleum
supplement.
5. Photographs of the site taken from all directions.
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OIL DRILLING & PRODUCTION PLANS
6. Ariy other reasonable information as deemed necessary by the Planning and
Development Department.
Sec. 35-319.4. Processing of Oil Drilling and Production Plans.
1. The applicant may apply for: the drilling operations only; production facilities only;
or both drilling and production facilities.
2. After receipt of the Oil Drilling and Production Plan, the Planning and Development
Department shaH process the plan through environmental review.
3. The Planning and Development Department shall refer the Oil Drilling Production
Plan to appropriate County departments for review.
4. The Planning Commission shall then consider the Oil Drilling and Production Plan at
a noticed public hearing and approve, conditionally approve, or disapprove the plan.
The Planning Commission 5 action shall be final subject to appeal to the Board of
Supervisors as provided in Sec. 35-327. (Appeals).
5. If the Oil Drilling and Production Plan is filed in conjunction with a Conditional Use
Permit application, the Oil Drilling and Production Plan shall be processed as part of
the Conditional Use Permit.
Sec. 35-319.5. Findings Required for Approval of Oil Drilling and Production Plans.
An Oil Drilling and Production Plan shall only be approved if all of the following
applicable findings are made:
1. There are no feasible alternative locations for the proposed project that are less
environmentally damaging.
2. Significant adverse environmental effects are mitigated to th~ maximum extent feasible.
3. The project will not be detrimental to the health, safety, and general welfare of the
neighborhood and will not be incompatible with uses of the surrounding area.
4. The development is in conformance with the applicable provisions of this Article and
the Comprehensive Plan.
5. When a permit for drilling only is requested, subsequent oil and gas production can
be accommodated should the proposed drilling program be successful.
6. For projects requiring a Conditional Use Permit, the findings in Sec. 35-315.8.
(Conditional Use Permits) shall also apply.
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OIL DRILLING & PRODUCTION PLANS
See. 35-3 19.6. Conditions, Restrictions, and Modifications of Development Standards.
At the time the Oil Drilling and Production Plan is approved, the Planning
Commission may modify the development standards specified in Sec. 35-295. (Oil and
Gas Drilling and Production) when the Planning Commission finds that such
modifications are justified.
2. As a condition of approval of any Oil Drilling or Production Plan, the Planning
Commission may impose appropriate and reasonable conditions as deemed necessary
to protect persons or property, to preserve the natural resources or scenic quality of
the area, to preserve the public health, safety, and welfare, or to implement the
purposes of this Article or the Comprehensive Plan.
3. If drilling only is requested in the Oil Drilling and Production Plan, the following shall
apply:
a. If the drilling program is successful, a new Oil Drilling and Production Plan for
the production phase shall be submitted within one year of initiating site
preparation for the drilling. A time extension may be granted by the Planning
Commission for good cause shown. The County Petroleum Office shall notify the
Planning and Development Department when the one year time period has
expired.
b. If the drilling program is unsuccessful, the well shall be abandoned and the
Planning and Development Department shall be notified of the abandonment
within one year of initiating site preparation for the drilling. A time extension
may be granted by the Planning Commission for good cause shown
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RECLAM. & MINING PLANS
Sec. 35-320. ~amation and Surface Mirnn Permits
Sec. 35-320.1. Purpose and Intent.
The County of Santa Barbara recognizes that the extraction of minerals is essential to
the continued economic well-being of the County and to the needs of the society and that
the reclamation of mined lands is necessary to prevent or minimize adverse effects on the
environment and to protect the public health and safety. The County also recognizes
that surface mining takes place in diverse areas where the geologic, topographic, climatic,
biological, and social conditions are significantly different and that reclamation operations
and the specification therefore may vary accordingly. (Amended by Ord. 4098, 5/18/93)
The purpose and intent of this Section is to regulate surface mining operations as
authorized by the California Surface Mining and Reclamation Act (SMARA) of 1975 (P.R.C.
Sec. 2710 et seq.), hereinafter referred to as SMARA; P.R.C. Section 2207; and the
California Code of Regulations adopted pursuant thereto (14 Cal. Admin., C. Sec. 3500 et
seq. ), to ensure that:
a. The adverse environmental effects of surface mining operations will be prevented
or minimized and that the reclamation of mined lands will provide for the
beneficial, sustainable long-term productive use of the mined. and reclaimed lands;
and
b. The production and conservation of minerals will be encouraged while eliminating
hazards to public health and safety and avoiding or minimizng adverse effects on
the environment, inlcuding but not limited to geologic subsidence, air pollution,
water quality degradation, damage to biological resources, flooding, erosion,
degradation of scenic quality, and noise pollution. (Amended by Ord. 4098, 5/18/93)
Sec. 35-320.2. Definitions. (Added by Ord. 4098, 5/18/93)
For the purpose of Section 35-320, certain words and phrases shall be defined as
follows:
Feasible: Means capable of being accomplished in a successful manner within a
reasonable period of time, taking into account economic , environ mental, legal, social,
and technological factors. (Ref. CEQA Guidelines ~ 15364)
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RECLAM. &
Haul Road: A road along which material is transported from the area of excavation
to the processing plant or stock pile area of the surface mining operation.
Idle: To curtail for a period of one year or more surface mining operations by more
than 90 percent of the operation's previous maximum annual mineral production, with
the intent to resume those surface mining operations at a future date. (SMARA, Sec.
2727.1)
Minerals: Any naturally occurring chemical element or compound, or groups of
elements and compounds formed from inorganic processes and organic substances,
including but not limited to coal, peat, bituminous rock, but excluding geothermal
resources, natural gas, and petroleum. (State Regulations, Sec. 3501) For the purpose
of this Section 35-320, minerals shall also include but not be limited to: sand, gravel,
diatomaceous earth, shale, limestone, flagstone, decorative stone, and rip-rap.
Operator: Any person who is engaged in surface mining operations, himself, or who
contracts with others to conduct operations on his behalf, except a person who is
engaged in surface mining operations as an employee with wages as his sole
compensation.
Overburden: Soil, rock, or other materials that lie above a natural mineral deposit or
in between mineral deposits, before or after their removal by surface mining
operations. (SMARA, Sec. 2732)
Person: Any individual, firm, association, corporation, organization, or partnership, or
any city, county, district, or the state or any department or agency thereof. (State
Regulations, Sec. 3501)
Surface Mining Operations: All or any part of the process involved in the mining of
minerals on mined lands by removing overburden and mining directly from the mineral
deposits, open pit mining of minerals naturally exposed, mining by the auger method,
dredging and quarrying, or surface work incidental to an underground mine. Surface
mining operations shall include, but are not limited to:
(a) Inplace distillation or retorting or leaching.
(b) The production and disposal of mining waste.
(c) Prospecting and exploratory activities. (SMARA, Sec. 2735)
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RECLAM. &
Surface mining operations shall also include the creation of borrow pits, streambed
skimming, segregation and stockpiling of mined materials (and recovery of same).
(State Regulations, Sec. 3501)
Reclamation: The combined process of land treatment that minimizes water
degradation, air pollution, damage to aquatic or wildlife habitat, flooding, erosion, and
other adverse effects from mining operations, including adverse surface effects
incidental to underground mines, so that mined lands are reclaimed to a usable
condition which is readily adaptable for alternative land uses and create no danger to
public health or safety. The process may extend to affected lands surrounding mined
lands, and may require backfilling, grading, resoiling, revegetation, soil compaction,
stabilization, or other measures. (SMARA, Sec. 2733)
Sec. 35-320.3. Incorporation of SMARA and State Regulations. (Amended by Ord. 4098, 5/18/93)
The provisions of the California Surface Mining and Reclamation Act of 1975 (P.R.C.
Sections 2710 et seq.) P.R.C. Section 2207, and the California Code of Regulations
implementing the Act (14 Cal. Admin., Sec. 3500 et seq.), as either may be amended from
time to time, are made a part of this paragraph by reference, with the same force and effect
as if the provisions therein were specifically and fully set out herein. These regulations shall
hereinafter be referred to as the State Regulations. (Amended by Ord. 4098, 5/18/93)
Sec. 35-320.4. Applicability. (Amended by Ord. 4098, 5/18/93)
Bxemptions. No Conditional Use Permit or Reclamation Plan shall be required for
any of the following activities:
( a) Excavations or grading conducted for farming or on~ite construction or for the
purpose of restoring land following a flood or natural disaster. (SMARA, Sec.
2714(a))
( b) Prospecting for, or the extraction of, minerals for commercial purposes and the
removal of overburden in total amount of less than 1,000 cubic yards (SMARA,
Sec. 2714(b)) in one or more locations or parcels under the control of one
operator that do not exceed a total of one acre. A grading permit may be
required for extractions or excavations of more than 50 cubic yards per County
Ordinance 3937, ~14.6.
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RECLAM &
LflmININGPLANS
( c) Surface mining operations that are required by federal law in order to protect a
mining claim, if such operations are conducted solely for that purpose. (SMARA,
Sec. 2714(c))
(d) Such other surface mining operations which the State Mining and Geology Board
determines to be of an infrequent nature and which involve only minor surface
disturbances. (SMARA, Sec. 2714(d))
2. Vested Rights. A Conditional Use Permit shall not be required for any person who
has obtained a vested right to conduct surface mining operations prior to January 1,
1976, as long as the vested right continues and as long as no substantial changes are
made in the operation except in accordance with SMARA (SMARA, Sec. 2776).
However, a Reclamation Plan shall be required for those portions of such mining
operations conducted after January 1, 1976, unless a Reclamation Plan was approved
by the County prior to January 1, 1976, and the person submitting that plan has
accepted responsibility for carrying out that plan. Nothing in this Sec. 35-320 shall be
construed as requiring the filing of a Reclamation Plan for, or the reclamation of,
mined lands on which surface mining operations were conducted prior to January 1,
1976. (SMARA, Sec. 2776).
3. Earthwork. Reclamation activities shall be consistent with the appropriate provisions
of the County's Grading Ordinance (Chapter 14 of the Santa Barbara County Code),
and with other appropriate engineering and geologic standards.
4. Building Officials' Authority to Act to Prevent Bngineering Hazards. The issuance of
a CUP or approval of a Reclamation Plan shall not prevent the Building Official from
thereafter requiring the correction of errors in such permit or Reclamation Plan for
earthwork specification, or from preventing surface mining operations or reclamation
efforts being carried out thereunder, where the Building Official has determined that
a significant engineering hazard threatening public health and safety, or substantial
physical damage to off-site property is likely to occur or has occurred as a result of
surface mining operations or reclamation efforts. The Building Official, or in his/her
absence a designated appointee, may order that correction of earthwork specifications
and/or curtailment of activities is required to protect public health and safety, or
substantial physical damage to off-site property. Before issuing any correction or
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RECLAM. & MINING PLANS
curtailment order, the Building Official shall set a time for hearing and shall give
written notice of the time and place of the hearing and the engineering hazard to be
abated. Such notice shall be given to the operator ten (10) days before the hearing
at which time there will be an opportunity for all concerned parties to present
evidence. The notice may be served in person or by certified mail.
In the event the Building Official, or in his/her absence the designated appointee,
determines there is an imminent danger to the public health and safety resulting from
an alleged engineenng hazard, he/she may summarily order the necessary curtailment
of activities without prior notice and hearing and such order shall be obeyed upon
notice of same, whether written or oral. At the same time that notice of the order is
conveyed, the Building Official shall set a date, time and place for a publicly noticed
hearing and review of said order as soon as possible which date shall be no later than
48 hours after such order is issued or served. Said hearing shall be conducted in the
same manner as a hearing on prior notice. After such hearing, the Building Official
may modify, revoke, or retain the emergency curtailment order.
An affected person may appeal the Building Official's Order to the Planning
Commission within ten (10) calendar days of the date that notice of the Building
Official's order is given. Any such notice from the Building Official shall include
procedures for appeal of the determination to the Planning Commission and,
thereafter, to the Board of Supervisors.
If such appeal is not filed, the Building Official's order becomes final. If there is
an appeal, the order of the Building Official shall remain in full force and effect until
action is taken by the Planning Commission or, upon appeal, the Board of Supervisors.
In the event of an appeal of the Building Official's order, the decision of the Planning
Commission or Board of Supervisors shall be a final Administrative Action. Such
decision shall not preclude a surface mining operator from seeking judicial relief.
5. Requirement for Conditional Use Permit and/or Reclamation Plan. Unless exempted
by the provisions of Sections 35-320.4.1 or 4.2, a Major Conditional Use Permit as
provided under Sec. 35-315 and/or a Reclamation Plan shall be required for all surface
mining operations in all zone districts , including lead agency approved financial
assurances. In all zone districts, a surface mining operation for building or
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RBCLAM. &
construction material which involves less than a total of 1,000 cubic yards in one or
more locations or contiguous parcels under the control of one operator that do not
exceed a total of one acre is a permitted use requiring a Land Use Permit pursuant
to Section 35-314. and a grading permit per Ordinance 3937.
Sec. 35-320.5. Contents of Applications for Conditional Use Permits for Surface Mining
Operations and Reclamation Plans. (Added by Ord. 4098, 5/18/93)
In addition to the Conditional Use Permit (CUP) application required in Sec. 35-315.,
all applications for CUP's for surface mining operations shall contain the Supplemental
Mining Permit Application required by the Planning and Development Department.
As many copies of the CUP and Supplemental Mining Permit Applications as may be
required shall be submitted to the Planning and Development Department.
2. As many copies of a Reclamation Plan Application as may be required shall be
submitted in con
junction with all applications for CUP's for Surface Mining
Operations. For surface mining operations that are exempt from a CUP pursuant to
Sec. 35-320.4, the Reclamation Plan application shall include information concerning
the mining operation that is required for processing the Reclamation Plan.
Sec. 35-320.6. Processing. (Amended by OTd. 4098, 5/18/93)
Within thirty (30) days of receipt of an application for a Conditional Use Permit for
surface mining operations or substantial amendment, and/or a Reclamation Plan, the
Planning & Development Department (P&D) shall noti~ the Director of the
Department of Conservation of the filing of the application(s). (SMARA, Sec. 2774(e))
Whenever mining operations are proposed in the 100-year flood plain of any stream,
as shown in Zone A of the Flood Insurance Rate Maps issued by the Federal
Emergency Management Agency, and within one mile, upstream or downstream, of
any state highway bridge, P&D shall also notify the State Department of
Transportation that the application has been received (SMARA, Sec. 2770.5).
In addition, P&D shall promptly forward a copy of the application(s) to each of
the County departments represented on the Subdivision Committee for review and
recommendations to the Planning Commission. Each of said County departments shall
submit a condition letter to the Planning and Development Department and to the
Planning Commission as early as possible. Failure by any department to submit such
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condition letter prior to or during the Planning Commission's hearing on the project
shall be deemed a waiver of conditions for approval by that department.
2. After the notifications called for in Section 35-320.6.1 have been made, the Planning
and Development Department shall process the application(s) through environmental
review.
3. Subsequent to the appropriate environmental review, the Planning and Development
Department shall prepare a staff report for consideration by the Planning Commission.
4. The Planning Commission shall hold at least one noticed public hearing on the
Conditional Use Permit and/or Reclamation Plan. Notice of the hearing shall be given
in accordance with Sec. 35-327. (Noticing).
5. Prior to final approval of a Reclamation Plan, financial assurances (as provided in Sec.
35-320.9), or any amendments thereto, the Planning Commission shall certify to the
Director of the Department of Conservation that the Reclamation Plan, financial
assurances, or any amendments thereto, comply with the applicable requirements of
the State Regulations and submit the plan, assurances, or amendments to the Director
of the Department of Conservation for review (SMARA, Sec. 2774(c)). The Planning
Commission shall conceptually approve the Reclamation Plan, financial assurances, and
any amendments thereto, before submitting it to the Director of the Department of
Conservation. If a Conditional Use Permit is being processed concurrently with the
Reclamation Plan, the Planning Commission may also conceptually approve the CUP
at this time. However, the Planning Commission may defer action on the CUP until
taking final action on the Reclamation Plan, as provided in Sec. 35-320.6.6. If
necessary to comply with permit processing deadlines, the Planning Commission may
conditionally approve the CUP with the condition that the Planning and Development
Department shall not issue the Land Use Permit for the mining operation until
financial assurances have been reviewed by the Director of the Department of
Conservation and the Planning Commission has taken final action on the Reclamation
Plan.
The Director of the Department of Conservation shall have 45 days to prepare
written comments on the Reclamation Plan, financial assurances, or amendments
thereto, if the Director of the Department of Conservation so chooses (SMAI~ Sec.
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2774(d)). The Planning Commission shall then hold at least one additional public
hearing to evaluate written comments received from the Director of the Department
of Conservation during the 45-day comment period. RMD staff shall prepare a written
response describing the disposition of the major issues raised by the State for the
Planning Commission's approval. In particular, when the Planning Commission's
position is at variance with the recommendations and objections raised in the Director
of the Department of Conservation's comments, the written response shall address, in
detail, why specific comments and suggestions were not accepted (SMARA, Sec.
2774(d)). Copies of any written comments received and responses prepared by the
Planning Commission shall be promptly forwarded to the operator.
6. The Planning Commission shall then take final action to approve, conditionally
approve, or deny the Conditional Use Permit and/or Reclamation Plan. The Planning
Commission's action shall be final, subject to appeal to the Board of Supervisors as
provided in Sec. 35-327. (Appeals).
7. The Planning and Development Department shall forward a copy of each approved
Conditional Use Permit for mining operations and/or approved Reclamation Plan to
the Director of the Department of Conservation. P&D shall also forward a copy of
the approved financial assurances to the Director of the Department of Conservation
for review.
Sec. 35-320.7. Performance Standards for Surface Mining Operations and Reclamation
Plans. (Added by Ord. 4098, 5/18/93)
Performance Standards for Surface Mining Operations
All surface mining operations for which a new or revised Conditional Use Permit
(CUP) is required shall comply with the requirements contained in SMARA and
implementing State Regulations. In addition, the following County performance
standards shall apply as may be appropriate to surface mining operations that are
subject to a new or substantially revised Conditional Use Permit.
a. Appearance - Mining operations shall be conducted in a neat and orderly manner,
free from junk, trash, or unnecessary debris. Where in public view, salvageable
equipment stored in a non-operating condition shall be suitably screened or stored
in an enclosed structure.
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b. Noise and Vibration Noise and ground vibration shall be controlled so as to
minimize any disturbance of neighbors. The volume of sound measured outside
during calm air conditions, generated by any use on the property shall not exceed
sixty-five (65) dB(A)LDN as measured at the location of the nearest noise sensitive
use,(as defined in the County Noise Element) beyond the property boundary of
the mining operation.
c. Traffic Safety -
(1) Parking shall be provided as required in DIVISION 6, PARKING
REGULATIONS. Adequate provision shall be made for queuing and loading
of trucks.
(2) Haul roads, as defined in Sec. 35-320.2, shall be located away from property
lines where possible, except where adjoining property is part of the mining
operation. Where processing facilities are not located on the same site as the
mining operation, off-site haul routes shall be specified in the permit
application. Such haul routes as well as other transport routes from the
processing facilities to market destinations shall avoid to the maximum extent
feasible, routing through residential neighborhoods.
( 3) Number and location of access points to the mining operation shall be
specified.
d. Dust Control - During hours of operations, all access roads shall be wetted,
protected or contained in such a manner as to minimize the generation of dust.
e. Public Health and Safety -
( 1) Appropriate measures, including fencing, shall be provided where necessary
to provide for public safety. The Planning Commission may require fencing
of all or a portion of an excavation. In determining the amount and type of
protective measures that are required, the Planning Commission shall take
into consideration the extent to which the property upon which the mining
operation is located is adequately protected by existing security measures.
( 2) Where necessary for public safety, the Planning Commission may require that
excavations be posted to give reasonable public notice.
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RECLAM. & MINING PLANS
(3) Any body of water created during operations within the excavation shall be
maintained in such manner as to provide for mosquito control and to prevent
the creation of health hazards or public nuisance.
( 4) Any generation of offensive odors or fumes, noxious gases or liquids, heat,
glare, or radiation and all other activities shall be conducted in such a manner
so as not to be injurious to the health, safety, or welfare of persons residing
or working in the neighborhood by reason of danger to life or property.
f. Screening To the extent feasible, screening or other aesthetic treatments, such
as berms, fences, plantings of suitable shrubs and/or trees shall be required, where
necessary, to minimize visibility from public view of cut slopes or mining
operations, structures and equipment. Mining operations that are visible from
scenic highways designated in the Comprehensive Plan, as well as from routes
classified as having highest scenic values in the Open Space Element, shall be
screened or other aesthetic treatments shall be used to minimize impacts on
scenic resources.
g. Protection of Streams and Groundwater Basins All applications for surface
mining operations that could affect streams and/or groundwater basins shall be
reviewed as necessary by other agencies as required by law.
h. Annual Reports Surface mining operators shall forward an annual status report
to the Director of the Department of Conservation and the Resource
Management Department on a date established by the Director of the
Department of Conservation upon forms furnished by the State Mining and
Geology Board (P.R.C. Sec. 2207 (a)-(g)).
2. Performance Standards for Reclamation Plans.
All new or substantially amended Reclamation Plans shall conform to the
minimum statewide performance standards required pursuant to SMARA Sec. 2773(b),
and set forth in CCR 3700 et. sec., regarding wildlife habitat; backfilling, regrading,
slope stability, and recontouring; revegetation; drainage, diversion structures,
waterways, and erosion control; prime agricultural land reclamation, other agricultural
land; building, structure, and equipment removal; stream protection, including surface
and groundwater; topsoil sa]vage, maintenance, and redistrubution; and tailing and
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mine waste management; and closure of surface openings. In addition, the following
County standards shall apply as may be appropriate to new or substantially amended
Reclamation Plans:
a. Revegetation All revegetation and/or reestablishment shall be in conformance
with an approved Landscaping Plan, pursuant to Sec. 35-289. (General
Regulations).
b. Visual Resources The Reclamation Plan shall, to the extent feasible, provide for
the protection and reclamation of the visual resources of the area affected by the
mining operation. Measures may include, but not be limited to, resoiling,
recontouring of the land to be compatible with the surrounding natural
topography, and revegetation and the end use or uses specified by the landowner.
Where the mining operation requires the leveling, cutting, removal, or other
alteration of ridgelines on slopes of twenty (20) percent or more, the Reclamation
Plan shall ensure that such mined areas are found compatible with the
surrounding natural topography and other resources of the site.
c. Grading Regulations All Reclamation Plans shall comply with appropriate
provisions of the County's Grading Ordinance (Chapter 14 of the Santa Barbara
County Code).
d. Phasing of Reclamation (See also, Sec. 35-320.11, Interim Management Plans
for Idle Mining Operations) Reclamation Plans shall include a description of and
plan for the type of surface mining to be employed and an estimated time
schedule that will provide for the completion of surface mining on each segment
of the mined lands so that reclamation can be initiated at the earliest possible
time on those portions of the mined lands that will not be subject to further
disturbance by the surface mining operation. [SMARA, Sec. 2772(f)]. Where
appropriate, interim management may also be required for mined lands that have
been disturbed and will be disturbed again in future operations and yet do not
qualify as `tidlett within the meaning of PRC ~ 2727. 1. Such interim management
is for the purpose of minimizing adverse environmental impacts during extended
periods of inactivity prior to resumption of mining and ultimate reclamation.
Reclamation may be done on an annual basis, or in stages compatible with
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rnININGPLANS
continuing operations, or on completion of all excavation, removal, or fill as
approved by the Planning Commission. Each phase of reclamation shall be
specifically described in the Reclamation Plan and shall include the estimated
beginning and ending dates for each phase, all reclamation activities required,
criteria for measuring completion of specific reclamation activities, and estimated
costs as provided in Sec. 35-320.9 (Financial Assurances). The Planning
Commission shall approve the reclamation schedule.
Sec. 35-320.8. Findings for Approval. (Added by Ord. 4098, 5/18/93)
Surface Mining Operations.
In addition to the findings for approval of Conditional Use Permits contained in
Sec. 35-315.8., approval of Conditional Use Permits for surface mining operations shall
include a finding that the project complies with Section 35-320.7.1. (Performance
Standards).
2. Reclamation Plans.
For Reclamation Plans, the following findings shall be required:
a. That the Reclamation Plan complies with applicable requirements of the state
regulations (14 Cal. Code Regs. ~§35OO et seq.), with appropriate provisions of the
County's Grading Ordinance (Chapter 14 of the Santa Barbara County Code),
and with other appropriate engineering and geologic standards;
b. That the Reclamation Plan and potential use of reclaimed land pursuant to the
Plan are consistent with the provisions of this Article and the County's
Comprehensive Plan.
c. That, in approving the Reclamation Plan, the required findings under CEQA can
by made.
d. That the land and/or resources such as water bodies to be reclaimed will be
reclaimed to a condition that is compatible with the surrounding natural
environment, topography, and other resources.
e. That the Reclamation Plan will reclaim the mined lands to a usable condition
which is readily adaptable for alternative land uses specified by the landowner and
consistent with the Comprehensive Plan.
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RECLAM. & MINING PLANS
f. That a written response to the Director of the Department of Conservation has
been prepared, describing the disposition of major issues raised by the Director
of the Department of Conservation. Where the Planning Commission's position
is at variance with the recommendations and objections raised by the Director of
the Department of Conservation, said response shall address, in detail, why
specific comments and suggestions were not accepted. (SMARA, Sec. 2774(d)
Sec. 35-320.9. Financial Assurances for Reclamation Plans. (Amended by Ord. 4098, 5/18/94)
Purpose. The intent of this section is to ensure that reclamation will proceed in
accordance with the approved Reclamation Plan.
2. Requirement, Forms, and Amount of Financial Assurances. As a condition of
approval of any Reclamation Plan, to assure the operator's performance, the Planning
Commission may require one or more forms of security which shall be released upon
satisfactory performance The applicant may post security in the form of a surety
bond, irrevocable letter of credit, a trust fund, or other mechanisms as adopted by the
State Board through the regulatory process. Financial assurances shall be made
payable to the County of Santa Barbara and the Department of Conservationl
(SMARA, Sec. 2773.1(a)(4)).
Financial assurances may be required to ensure compliance with elements of the
Reclamation Plan including but not limited to any revegetation requirements; aquatic
or wildlife habitat reclamation requirements; protection of archaeological sites;
reclamation of water bodies and water quality; and other mitigation measures.
Financial assurances for such elements of the Plan shall be monitored by the Planning
and Development Department. Financial assurances to ensure compliance with the
applicable provisions of the County's Grading Ordinance pursuant to Chapter 14 of
the Santa Barbara County Code, for such factors as slope stability, and erosion and
drainage control, shall be monitored by the Public Works Department. With the
consent of the Public Works Department, the Planning and Development Department
may act as the lead agency for the purpose of administering the financial assurances
for both departments provided, however, that no operator shall be required to provide
more than one financial assurance in favor of the County for the purpose of
reclamation.
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The amount of the financial assurances shall be based upon the estimated costs
of reclamation for each year or other appropriate period stipulated in the Reclamation
Plan, including any maintenance of reclaimed areas as may be required. Cost
estimates shall be prepared by a licensed engineer and/or other qualified professionals
retained by the operator and approved by the Director of Public Works and/or the
Director of Planning and Development. Financial assurances for any activities subject
to the Grading Ordinance shall be based upon estimates including but not necessarily
limited to the volume of earth moved (cubic yards) for each year or other appropriate
period of reclamation. Financial assurances to ensure compliance with revegetation,
reclamation of water bodies, aquatic or wildlife habitat reclamation requirements, and
any other applicable element of the Reclamation Plan shall be based upon cost
estimates that include but may not be limited to labor, equipment, materials, and
administration. In reviewing the estimated costs and establishing the amount of the
financial assurances, the Public Works and Planning and Development Departments
shall work together to ensure that duplication is avoided.
Where reclamation is accomplished in annual increments, the amount of financial
assurances required for any one year shall be adjusted annually and shall be adequate
to coyer the full estimated costs for reclamation of any land projected to be in a
disturbed condition from mining operations by the end of the following year. The
estimated costs shall be the amount required to complete the reclamation on all areas
that will not be subject to further disturbance, and to provide interim reclamation, as
necessary, for any partially excavated areas in accordance with the Reclamation Plan.
Financial assurances for each year shall be released upon successful completion of
reclamation (including any maintenance required) of all areas that will not be subject
to further disturbance and upon the operator filing additional financial assurances for
the succeeding year. Financial assurances for all subsequent years of the operation
shall be handled in the same manner.
Financial assurances for reclamation that is accomplished in multiple-year phases
shall be handled in the same manner as described for annual reclamation.
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Sec. 35-320.10. Inspections. (Amended by Ord. 4098, 5/]8/93)
The Flanrnng and Development Department (P&D) and/or Public Works Department
shall conduct an inspection of a surface mining operation within six months of receipt of the
annual report (required in Sec. 35-320.7), filed by the mining operator pursuant to PRC §
2207, solely to determine whether the surface mining operation is in compliance with the
approved Conditional Use Permit and/or Reclamation Plan, and the State Regulations
(SMARA, Sec. 2774 (b)). In no event shall less than one inspection be conducted in any
calendar year. Said inspection may be made by a state-registered geologist, state-registered
civil engineer, state-licensed landscape architect, state~registered forester, or other qualified
specialists, as selected by P&D and/or the Public Works Department. AdI inspections shall
be conducted using a form provided by the State Mining and Geology Board. P&D and/or
Public Works shall notify the Director of the Department of Conservation within thirty (30)
days of completion of the inspection that the inspection has been conducted and shall
forward a copy of said inspection notice and any supporting documentation `to the mining
operator. The operator shall be solely responsible for the reasonable cost of such inspection
by Public Works, Planning and Development and their agents.
Sec. 35-320.11. Interim Management Plans. (Added by Ord. 4098, 5/18/93)
Within 90 days of a surface mining operation becoming idle, as defined in Sec. 35-
320.2., the operator shall submit to the Planning' and Development Department an interim
management plan (SMARA, Sec. 2770 (h)). The interim management plan shall fully
comply with the requirements of SMARA, Sec. 2770 (h) and shall provide measures the
operator will implement to maintain the site in compliance with SMARA, including, but not
limited to, all conditions of the Conditional Use Permit and/or Reclamation Plan. The
interim management plan shall be processed as an amendment to the Reclamation Plan and
shall not be considered a project for the purposes of &nvironmental review (SMARA, Sec.
2770(h)). The idle mine shall comply with the financial assurance for reclamation pursuant
to SMARA, Sec. 2770(h).
Within 60 days of receipt of the interim management plan, or longer period mutually
agreed upon by the Planning and Development Department (P&D) and the operator, the
Planning Commission shall review and approve or deny the plan in accordance with this Sec.
35-320.6.6 The operator shall have thirty (30) days or a longer period mutually agreed upon
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RECLAM.
by the operator and P&D to submit a revised plan. The Planning Commission shall approve
or deny the revised interim management plan within sixty (60) days of receipt. If the
Planning Commission denies the revised interim management ian, the operator may appeal
that action to the Board of Supervisors.
The interim management plan may remain in effect for a period not to exceed five
years, at which time the Planning Commission may renew the plan for another period not
to exceed five years or require the surface mining operator to commence reclamation in
accordance with its approved Reclamation Plan.
Sec. 35-320.12. Time Limit for Commencement of CUP's for Surface Mining Operations.
(Added by Ord. 4098, 5/18/93)
The time limit for commencing a surface mining operation that is permitted pursuant
to this Section shall be as provided in Sec. 35-315.9.1., Time Limit, Conditional Use Permits.
Sec. 35-320.13. Violations and Penalties. (Added by Ord. 4098, 5/18/93)
If the Planning and Development Department (P&D) or the Public Works
Department, based upon an annual inspection or otherwise confirmed by an inspection of
the mining operation, determines that a surface mining operation is not in compliance with
this Section 35-320., P&D or Public Works shall folJow the procedures set forth in SMARA,
Section 2774.1 and 2774.2 concerning violations and penalties.
Sec. 35-320.14. Fees. (Added by Ord. 4098, 5/18/93)
The County shall establish such fees as it deems necessary to cover the reasonable
costs incurred in implementing this Sec. 35-320., and the State Regulations, including but not
limited to processing of applications, annual reports, inspections, enforcement and
compliance.
Sec. 35-322. Reserved for Future Section.
Sec. 35-323. Reserved for Future Section.
Sec. 35-324. Reserved for Future Section.
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F;;wIFICATIONS
See. 35-321. Modifications (Added by Ord. 4228, 6/]8/96)
Sec. 35-321.1. Purpose and Intent.
The purpose and intent of this Section is to ~1ow minor modifications of District
setback reg~ations, parking, height requirements, or zoning development standards
where, because of practical difficulties, integrity of design, topography, tree or habitat
protection or other similar site conditions, minor adjustments to such regulations,
requirements, or standards would result in better design, resource protection, and land
use planning.
Sec. 321.2. Applicability.
The provisions of this Section shall apply to specific development proposals allowed
pursuant to the Permitted Uses sections in aH zone districts, which are not otherwise
subject to Conditional Use Permit or Development Plan requirements.
2. In no case shall a Modification, pursuant to this Section, be granted to permit a use
or activity which is not otherwise permitted in the District in which the property Is
situated, nor shall a Modification be granted which alters the procedural or timing
requirements of this Article.
3. Modifications may only be granted in conjunction with a specific development proposal
and are limited to all of the following:
a. The total area of each side, front and/or rear yard setback area shall not be
reduced by more than twenty percent (20%) of the minimum yard setback area
required pursuant to the applicable District regulations.
b. No setback reduction for buildings and structures, except for unenclosed, attached
porches or entryways, shall result in:
1. A front yard setback depth, as measured from the right of way or easement
line of a street or dhveway, of less than sixteen and one half (16 1/2) feet.
2. A side yard setback depth from property lines of less than three (3) feet.
3. A rear yard setback depth from property lines of less than fifteen (15) feet.
c. No unenclosed, attached porch or entryway shall result in a front yard setback
depth, as measured from the right of way or easement line of a street or driveway,
of less than ten (10) feet.
d. Up to a ten percent (10%) increase in District height regulations.
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MODIFI
e. Up to a ten percent (10%) increase in mandatory door Area Ratio (FAR)
requirements for buildings originally constructed prior to the adoption of such
FAR regulations (e.g., if the required FAR is 0.50 the maximum modification
allowed would be 0.55.)
f. A reduction in the required number and/or a modification in the design, loading
zone or location of parking spaces. In no case shall: (1) any required number of
bicycle parking spaces be reduced, (2) any Modification of parking requirements
be granted, pursuant to this Section for an Attached Residential Second Unit or
( 3) any parking or screening requirement Modification be granted for a vehicle
with more than two-axles, a recreational vehicle or bus, a trailer or other non-
passenger vehicle.
4. In no case shall a Modification be granted pursuant to this Section for a reduction in
landscape, buffer, open space, or other requirements of this Article except as provided
above.
Sec. 35-321.3. Jurisdiction.
The decision-maker for a Modification, pursuant to this Section, shall be the
Zoning Administrator, who upon making the findings required under this Section, may
approve or conditionally approve Modifications to the regulations applicable to
physical standards for land, buildings, and structures contained in this Article, as listed
in Section 35-321.2.3..
Sec. 35-321.4. Contents of Application.
As many copies of a Modification application as may be required shall be
submitted to the Planning and Development Department. Said application shall
contain full and complete information as required pertaining to the request.
Sec. 35-321.5. Processing.
After receipt of the Modification application, the Planning and Development
Department shall process the project through environmental review.
2. The project shall be subject to provisions of Section 35-329 Board of Architectural
Review, and shall be scheduled to be heard by the BAR for Preliminary Review and
approval only, prior to the project being heard by the Zoning Administrator.
3. The Zoning Administrator shall hold at least one noticed public hearing on the
requested Modification and either approve, conditionally approve, or deny the request.
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Fffl~iDIFJcATIoNs
Notice of the time and place of said hearing shall be given in the manner prescribed
in Sec. 35-326. (Noticing).
4. The Zoning Administrator, in granting said Modification, may require such conditions
as deemed necessary to assure that the intent and purpose of this Article and the
public health, safety, and welfare will be promoted.
5. The Zoning Administrator's action is final, subject to appeal to the Board of
Supervisors as provided in Sec. 35-327.3. (Appeals)
Sec. 35-321.6. Findings Required for Approval.
A Modification shall only be approved if all of the following findings are made:
1. The project is consistent with the Comprehensive Plan and any applicable Community
Plan.
2. The project complies with the intent and purpose of the applicable Zone District(s)
including Cverlays, this Section and this Article.
3. The Modification is minor in nature and will result in a better site or architectural
design, as approved by the Board of Architectural Review, and/or will result in greater
resource protection than the project without such Modification.
4. The project is compatible with the neighborhood, and does not create an adverse
impact to community character , aesthetics or public views.
5. Any Modification of parking or loading zone requirements will not adversely affect the
demand for onstreet parking in the immediate area.
6. The project is not detrimental to existing physical access, light, solar exposure, ambient
noise levels or ventilation on or off site.
7. Any adverse environmental impacts are mitigated to a level of insignificance.
Sec. 35-321.7. Expiration.
Unless otherwise specified by conditions of project approval, a Modification shall
expire one year from the date of approval if a Land Use Permit has not been issued for the
modified building or structure. Prior to the expiration of such time period, the Director may
grant one, one year extension from the date of expiration of the Modification, for good
cause shown. Once the building or structure has been granted a Land Use Permit, the
Modification shall have the same expiration date as the issued Land Use Permit.
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DIVISION 11.
ADMINI STR~ON.
Sec. 35-325. Ordinance Text AmendmentslRezones.
Sec. 35-325.1. Purpose and Intent.
The purpose and intent of this Sec. 35-325. is to establish the procedures by which
changes may be made in both the text of this Article and the County zoning maps whenever
such changes are warranted by the community welfare, the public necessity, and good zoning
and planning practices.
Sec. 35-325.2. Applicability.
These procedures shah apply to all proposals to change any property from one zone
disthct to another or to amend the text of this Article.
Sec. 35-325.3. Zoning Ordinance Text Amendments.
1. Initiation.
Proposals to amend the text of this Article may be initiated by:
a. Resolution of the Board of Supervisors.
b. Resolution of the Planning Commission.
c. Application by any person with a substantial interest in the proposed amendment.
d. The Director. (Added by Ord. 4228, 6/J8/96)
2. Processing.
a. Any application filed pursuant to this Section that is inconsistent with the use
and/or density requirements of this Article or the adopted Comprehensive Plan
must be accompanied by an application to make the project consistent. The
Planning and Development Department may refuse to accept for processing any
application the Director finds to be inconsistent with the Comprehensive Plan.
b. As many copies of an Ordinance Amendment Application as may be required
shall be submitted to the Planning and Development Department if initiated by
a person or persons other than the Board of Supervisors, Planning Commission,
or Director.
c. The Planning and Development Department shall process the application through
environmental review.
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AiMEND./R
d. The Planning Commission shall hold at least one noticed public hearing on the
proposal. (Amended by Ord. 4228, 6/]8/96)
e. Notice of the time and place of said hearing including a general explanation of the
matter to be considered and a general description of the area affected shall be
given at least ten (10) calendar days before the hearing in the following manner:
1) Notice shall be published in a newspaper ofgeneral circulation, in the County.
2) Notice shall be mailed to the applicant.
3) Notice shall be mailed to any person who has filed a written request therefore
and has supplied the County with self-addressed, stamped envelopes.
3. Action.
a. The Planning Commission's action shall be transmitted to the Board of
Supervisors in the form of a written recommendation. Such recommendation shall
include the reasons for the recommendation.
b. Upon receipt of the recommendation of the Planning Commission, the Board of
Supervisors shall hold a public hearing. Notice of the time and place of said
hearing shal] be given in the manner as prescribed above in paragraph 2.e.
c. The Board of Supervisors may approve, modify, or disapprove the
recommendation of the Planning Commission; provided that any modification of
the proposed amendment by the Board of Supervisors not previously considered
by the Planning Commission during its heahng, shall first be referred to the
Planning Commission for report and recommendation, but the Planning
Commission shall not be required to hold a public hearing thereon. Failure of the
Planning Commission to report within forty (40) days after the reference or such
longer period as may be designated by the Board of Supervisors, shall be deemed
to be approval of the proposed modification.
Sec. 35-325.4. Rezones (Zoning Map Amendments).
Initiation.
Proposals to change the zoning on any property from one zone district to another may
be initiated by:
a. Resolution of the Board of Supervisors.
b. Resolution of the Planning Commission.
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EZONES
C. Applicatiori by one or more persons owning property representing at least fifty
percent of the assessed valuation of the property for which the zone dassification
change is sought.
d. The Director. (Added by Ord. 4228, 6/]8/96)
2. Processing.
a. Any application filed pursuant to this section that is inconsistent with the use
and/or density requirements of this Article or the adopted Comprehensive Plan
must be accompanied by an application to make the project consistent. The
Planning and Development Department may refuse to accept for processing any
application the Director finds to be inconsistent with the Comprehensive Plan.
b. As many copies of a Rezone Application as may be required shall be submitted
to the Planning and Development Department if initiated by a person or persons
other than the Board of Supervisors, Planning Commission, or Planning and
Development Department.
c. The Planning and Development Department shaH process the application through
environmental review.
d. After certification of the final environmental document, the Planning Commission
shall hold at least one noticed public hearing on the proposal.
e. Notice of the hearing shall be given according to Sec. 35-326. (Noticing). (Amended
by Ord. No. 3802, 01/09/90)
3. Action.
a. The Planning Commission's action shall be transmitted to the Board of
Supervisors in the form of a written recommendation, which shall include the
reasons for such recommendation.
b. Upon receipt of the recommendation of the Planning Commission, the Board of
Supervisors shall hold a public hearing on the matter. However, if the Planning
Commission has recommended against the rezone, the Board of Supervisors shall
not be required to hold a public hearing or take any further action on the matter
unless within five (5) days after the Planning Commission files its
recommendations with the Board of Supervisors, the applicant or other interested
person files a written request for such hearing with the Clerk of the Board of
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AMEND IREZONE
Supervisors. Notice of the hearing shall be given in the manner as prescribed
above in paragraph 2.e.
c~ The Board of Supervisors may approve, modify, or disapprove the
recommendation of the Planning Commission; provided that any modification of
the proposed amendment by the Board of Supervisors not previously considered
by the Planning Commission during its hearing, shall first be referred to the
Planning Commission for report and recommendation, but the Planning
Commission shall not be required to hold a public hearing thereon. Failure of the
Planning Commission to report within forty (40) days after the reference, or such
longer period as may be designated by the Board of Supervisors, shall be deemed
to be approval of the proposed modification.
Sec. 35-325.5. Findings Required for Approval of Text Amendment or Rezone.
In order for the Planning Commission to recommend approval or for the Board of
Supervisors to approve a Rezone or Text Amendment request, the following findings shall
be made by the Planning Commission and Board of Supervisors:
a. The request is in the interests of the general community welfare.
b. The request is consistent with the Comprehensive Plan, the requirements of State
planning and zoning laws, and this Article.
c. The request is consistent with good zoning and planning practices.
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F;mOTICING
See. 35-326. Noticing. (Amended by Ord. No. 3802, O]/09/90; Ord. 4228, 6/18/96)
Sec. 35-326.1. Purpose and Intent.
The purpose of this section is to set forth the minimum requirements for providing
notice of a public hearing and other required noticing. (Amended by Ord. 4228, 6/18/96)
Sec. 35-326.2. Notice of Public Hearing and Decision-Maker Action. (Amended by Ord. 4228,
6/18/96)
1 . Minimum Requirements.
For all projects that require a noticed public hearing or notice of decision-maker
action, notice shall be given pursuant to Sections 65090 - 65096 of the California
Government Code. The minimum requirements for such notice shall be as follows:
a. Notice shall be published in at least one newspaper of general circulation within
the County, and circulated in the area affected by the project, at least ten (10)
calendar days prior to the hearing.
b. Notice shall be mailed to any person who has filed a written request therefore and
has supplied the Planning and Development Department with self-addressed
stamped envelopes.
c. Notice shall be mailed to the applicant(s).
d. Notice shall be mailed to the owners of the affected property and the owners of
the property within 300 feet of the exterior boundaries of the affected property,
at least ten (10) calendar days prior to the hearing or action. The names and
addresses used for such notice shall be those appearing on the equalized County
assessment roll, as updated from time to time.
e. If the number of owners to whom notice would be mailed or delivered pursuant
to this Section is greater than 1,000, the County may instead provide notice by
placing a display advertisement of at least one-eighth page in at least one
newspaper of general circulation within the County at least ten (10) calendar days
prior to the hearing.
2. Contents of Notice.
The notice shall contain the following information:
a. The name of the applicant.
b. The Planning and Development Department number assigned to the application.
c. A description of the project and its location.
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FmOTICING
d. The place, date, and general time of the hearing.
e. The procedure for the submissiori of public comments in writing before the
hearing.
f. The procedure for public comments at the hearing.
Sec. 35-326.3. ~UsePermitNoticin. (Added by Ord. 4228, 6/18/96)
Minimum Requirements. Notice of Land Use Permit issuance shall be given in the
following manner:
a. By the Planning and Development Department conspicuously posting notice at
one (1) public place within the County's jurisdiction (e.g., Planning and
Development Department).
b. Requiring that the applicant conspicuously post notice of Land Use Permit
approval, as provided by the Planning and Development Department, at a
minimum of three (3) locations on and around the perimeter of the subject
property with at least one notice posted in a location that can be viewed from the
nearest public street. The applicant shall provide proof of posting notice by filing
an affidavit of noticing and any other required documentation with the Planning
and Development Department, prior to permit issuance, or such other date as
may be required. Failure of the applicant to comply with this Section may result
in revocation of the permit.
c. Notice required pursuant to subsections a. and b., above, shall be posted by a date
identified by the Planning and Development Department, If no such date is
identified, the required date of posting shall be the next working day following the
date of approval of the Land Use Permit.
d. Notice required to be posted shall be continuously posted for a minimum of ten
( 10) calendar days. from the date prescribed pursuant to subsection 1.c., above.
e. Notice of the Planning and Development Department's approval of a Land Use
Permit shall also be mailed to any person who has filed a written request
therefore and has supplied the Planning and Development Department with
self-addressed stamped envelopes.
2. Contents of Notice.
The notice shall contain the following information:
a. The name of the applicant.
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NOTICING
b. The Planning and Development Department application number.
C. A description of the project and its proposed location.
d. The date of expiration of the appeal period.
e. The procedure for appeal of the Land Use Permit approval.
Sec. 35-326.4. Failure to Receive Notice. (Added by Ord. 4228, 6/18/96)
The failure of any person or entity to receive notice given pursuant to this Section or
pursuant to Sections 65090-65096 of the California Gov&rnment Code shall not invalidate
the actions of the Planning and Development Department or the decision-maker.
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APPEALS
Sec. 35-327. Appeals.
Sec. 35-327.1. Purpose and Intent.
The purpose of this Sec. 35-327. is to provide procedures and to establish criteha for
appeals to the Planning Commission and the Board of Supervisors.
Sec. 35-327.2. Appeals to the Planning Commission. (Amended by Ord. 4228, 6/]8/96)
The decisions of the Planning and Development Department on the approval, denial,
or revocation of Land Use Permits, final approval of projects under the jurisdiction of
the Director, or decisions of the Board of Architectural Review may be appealed to
the Planning Commission by the applicant or any interested person adversely affected
by such decision. The appeal, which shall be in writing, and accompanying fee must
be filed with the Planning and Development Department within ten (10) calendar days
of the date of the decision of the Planning and Development Department as follows:
a. Within the ten (10) calendar days following the date of decision for projects under
the jurisdiction of the Director.
b. Within the ten (10) calendar days following the posting date for the notice of
Land Use Permit approval, as required by Section 35-326., or if denied, within the
ten (10) calendar days following the decision of the Planning and Development
Department to deny such permit application.
c. Within the ten (10) calendar days following the date of final decision by the Board
or Architectural Review (BAR). If final approval by the BAR is appealed, the
hearing on the appeal shall only be held after the decision on the Land Use
Permit but, prior to the issuance of the Land Use Permit for such project. The
BAR appeal shall be processed concurrently with any appeal of the Land Use
Permit. If a denial by the BAR is appealed, a separate hearing shall be held on
the BAR appeal prior to the decision on the Land Use Permit. No permits shall
be issued until all appeals have been heard and/or resolved.
2. The appellant shall state specifically in the appeal how the decision of the Planning
and Development Department, Director, or BAR, is inconsistent with the provisions
and purposes of this Article, or the error or abuse of discretion committed by the
Planning and Development Department, Director, or the Board of Architectural
Review.
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APP
3. Prior to the hearing on said appeal, the Planning and Development Department shall
transmit to the Planning Commission copies of the permit application including all
maps and data and a statement setting forth the reasons for the decision by the
Planning and Development Department, Director, or Board of Architectural Review.
4. The Planning Commission hearing shall be de novo and the Commission shall affirm,
reverse, or modi~ the decision of the Planning and Development Department,
Director, or Board of Architectural Review at a public hearing. Notice of the time and
place of said hearing shall be given in accordance with Sec. 35-326 (Noticing), and
notice shall also be mailed to the appellant.
Sec. 35-327.3. Appeals to the Board of Supervisors.
The decisions of the Planning Commission or Zoning Administrator may be appealed
to the Board of Supervisors by the applicant or any interested person adversely
affected by such decision. The appeal, which shall be in writing, and accompanying fee
must be filed with the Clerk of the Board of Supervisors within the ten (10) calendar
days following the date of the Planning Commission's or Zoning Administrator's
decision. (Amended by Ord. 4228, 6/18/96)
2. The appellant shall state specifically in the appeal how the decision of the Planning
Commission or Zoning Administrator is inconsistent with the purposes of this Article
or the error or abuse of discretion committed by the Planning Commission or Zoning
Administrator.
3. Prior to the hearing on said appeal, the Clerk of the Board of Supervisors shall notify
the Planning Commission or Zoning Administrator that an appeal has been filed. The
Planning Commission or Zoning Administrator shall then transmit to the Board of
Supervisors copies of the application including all maps and data and a statement of
findings setting forth the reasons for the decision by the Planning Commission or
Zoning Administrator.
4. The Board of Supervisors hearing shall be de novo and the Board shall affirm, reverse,
or modify the decision of the Planning Commission or Zoning Administrator
considered at a public hearing. Notice of the time and place of said hearing shall be
given in accordance with Sec. 35-326. (Noticing), and notice shall also be mailed to
the appellant. (Amended by Ord. 4005, 2/21/92)
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RE-APPLICATIONS
Sec. 35-328. j~:A~~1ications.
No application shall be accepted nor acted upon if within the past one (1) year,
substantially the same application has been made and denied by the Planning Commission,
Zoning Administrator, or the Board of Supervisors, which covers substantially the same real
property, unless either the Planning Commission, Zoning Administrator, or the Board of
Supervisors permits such re-application because of an express finding that one or more of
the following applies:
1. That new evidence material to a revised decision will be presented which was
unavailable or unknown to the applicant at the previous hearings and which could not
have been discovered in the exercise of reasonable diligence by the applicant.
2. That there has been a substantial and permanent change of circumstances since the
previous hearings, which materially affects the applicant's real property.
3. That a mistake was made at the previous hearings which was a material factor in the
denial or denials of the previous application.
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F'iTh7R.
Sec. 35-329. Board of Architectural Review.
See. 35-329.1. Purpose and Intent.
The purpose and intent of the Board of Architectural Review is to encourage
developments which exemplify the best professional design practices so as to enhance the
visual quality of the environment, benefit surrounding property values, and prevent poor
quality of design.
Sec. 35-329.2. Applicability.
The existing County Board of Architectural Review (BAR) as established in Ordinance
2188, Sections 2-32.2-2-32.11, shall govern the provisions of this section.
1. Any structure or sign which lies within the D - Design Control Overlay District.
2. Any structure or sign requiring Board of Architectural Review approval as specifically
provided under the applicable zoning district regulations or the County Sign
Ordinance.
3. Any use requiring architectural approval as specifically provided by the Planning
Commission or the Board of Supervisors.
4. Any structure which falls under the jurisdiction of the Hillside and Ridgeline
Development Guidelines, as authorized by this Article. (Amended by Ord. No. 3715, 08/08/88)
Sec. 35-329.3. Exceptions.
No Board of Architectural Review approval is required for the following:
1. Interior alterations.
2. Decks.
3. Swimming pools, hot tubs, and spas.
4. Fences or walls six (6) feet or less and gateposts of eight (8) feet or less in height,
when located in the front yard setback. Fences and walls of eight (8) feet or less and
gateposts of ten (10) feet or less in height when located outside of front yard setback
areas and not closer than twenty (20) feet from the right-of-way line of any street.
However, when a part of the overall plans of a new residence, a remodelling, or an
addition to a structure requiring architectural review, such structures shall be included
as part of the architectural review of the project. (Amended by Ord. 4006, 2/21/92)
5. Solar panels.
6. Any other extenor alteration determined to be minor by the Director.
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F;-7.A.R.
Sec. 35-329.4. Contents of Application.
1. Prior to the issuance of any permits for developments subject to Board of Architectural
Review, as many copies of the B.A.R. application and project plans, as well as
additional materials (color and texture chips, etc.) as may be required shall be filed
with the Planning and Development Department. The plans shall include the
information and details required by the Planning and Development Department.
2. An application for approval 0£ a sign shall contain the "Required Information" as
provided in Sections 35-9. or 35-10. of the County Sign Regulations.
Sec. 35-329.5. Processing.
1. The Board of Architectural Review shall review and approve, disapprove, or
conditionally approve the application submittal in accordance with Sec. 2-33.15. of
Chapter 2 of the County Code. The B.A.R. shall also render its advice on extenor
architecture of buildings, structures, and signs to the Planning Commission or Board
of Supervisors when requested to do so.
Sec. 35-329.6. Findings Required for Approval.
Prior to approving any B.A.R. application, the Board of Architectural Review shall
make the following findings:
1. Overall building shapes, as well as parts of any structure (buildings, walls, fences,
screens, towers, or signs) shall be in proportion to and in scale with other existing or
permitted structures on the same site and in the area surrounding the property.
(Amended by Ord. 4063, 8/18/92)
2. Mechanical and electrical equipment shall be well integrated in the total design
concept.
3. There shall be harmony of material, color, and composition of all sides of a structure
or building.
4. A limited number of materials will be on the exterior face of the building or structure.
5. There shall be a harmonious relationship with existing and proposed adjoining
developments, avoiding excessive variety and monotonous repetition, but allowing
similarity of style, if warranted.
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LifiAR.
6. Site layout, orientation, and location of structures, buildings, and signs shall be in an
appropriate and well designed relationship to one another, and to the environmental
qualities, open spaces, and topography of the property.
7. Adequate landscaping shall be provided in proportion to the project and the site with
due regard to preservation of specimen and landmark trees, existing vegetation,
selection of planting which will be appropriate to the project, and adequate provision
for maintenance of all planting.
8. Signs including their lighting, shall be well designed and shall be appropriate in size
and location.
9. The proposed development is consistent with any additional design standards as
expressly adopted by the Board of Supervisors for a specific local community, area, or
district pursuant to Sec. 35-292c of this Article. (Amended by Ord. 4006, 2/21/92)
Sec. 35-329.7. Appeals.
Decisions of the Board of Architectural Review are final unless, within ten (10) days
after the decision, a person adversely affected by said decision appeals the decision to the
Planning Commission as provided in Sec. 35-327. (Appeals).
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LEGAL PROCEDURES AND PENALTY
Sec. 35-330. Enforcement le al rocedures and enalties (Amended by Ord. 3509, 05/06/85)
Sec. 35-330.1. Investigation
The Director, or any person within the Department of Planning and Development
authorized by the Director, is hereby authorized to investigate all reported or apparent
violations of any of the provisions of this Article If a violation is determined to exist or to
be impending, the Director is hereby authorized to take such measures as he deems
necessary or expedient to enforce and secure compliance with the provisions of this Article.
1. Director defined
As used in this section, the term "Directort refers to the Director of the Planning and
Development Department and also to any person within the Department of Planning
and Development who is authorized by the Director to act on his or her behalf.
2. Cooperation of other officials
The director or his or her agents may request, and shall receive, the assistance and
cooperation of other officials of the County to assist in the discharge of their duties.
3. Right of entry and inspection
The Director may enter at all reasonable times any building, structure, or premise in
the County of Santa Barbara for the purpose of carrying out any act necessary to
perform any duty imposed by this Article. Upon request the Director shall provide
adequate identification. Except under exigent circumstances, an inspection warrant
shall be obtained if entry is refused.
4. Liability
The Director or any other person charged with the enforcement of this Article, if
acting in good faith and within the course and scope of is or her employment, shall not
thereby be liable personally, and is hereby relieved from all personal liability, for any
damage that may accrue to pers~s or property as the result of, or by reason of, any
act or omission occurring in the discharge of his or her duties. Any suit brought
against the Director, or his or her agents or employees, because of such act or
omission, performed in the enforcement of any provision of this Article, shall be
defended by the County Counsel of Santa Barbara County.
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Sec. 35-330.2. Work Stoppage
Where any building construction work is being done contrary to the provisions of this
Article, the Director may order the work stopped by giving notice in writing and serving such
notice and order on any persons engaged in doing or causing such work to be done. Any
such persons, their agents, employees, or servants, shall forthwith stop such work until such
time as recommencement is authorized by the Director.
Sec. 35-330.3. Referral for Legal Action
If unable to otherwise enforce the terms of this Article, the Director shall refer the
matter to the District Attorney and/or County Counsel of the County of Santa Barbara for
appropriate legal action.
Sec. 35-330.4. Legal Actions
1. Civil Actions
a. Public Nuisance
Any building or structure which is set up, erected, constructed, altered, enlarged,
converted, moved, or maintained contrary to the provisions of this Article, and
any use of any lands, building, or premise established, conducted, operated, or
maintained contrary to the provisions of this Article, shall be and the same is
hereby declared to be unlawful and a public nuisance.
b. Injunctive Relief
Whenever, in the judgment of the Director, any person, firm, or corporation is
engaged in or is about to engage in any act or practice which constitute or will
constitute a violation of any provision of this Article or any rule, regulation, order,
or permit issued thereunder, and at the request of the Director, the District
Attorney or County Counsel of the County may make application to the Superior
Court for an order enjoining such act or practice, or for an order directing
compliance, and upon a showing by the department that such person, firm, or
corporation has engaged in or is about to engage in any such act or practice, a
permanent or temporary injunction, restraining order, or other order may be
granted.
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LEGAL PROCEDURES AND PENALTY
C. Abatement
In the event that any person, firm, or corporation shall fail to abate a violation
hereunder after notice of same and opportunity to correct or end the violation,
the Director of the Planning and Development Department may request the
County Counsel or District Attorney to apply to the Superior Court of this County
for an order authorizing the Planning and Development Department to undertake
those actions necessary to abate the violation and requiring the violator to pay for
the costs of such undertaking.
2. Civil Remedies and Penalties
a. Civil Penalties
Any person, whether acting as principal, agent, employee, or otherwise, who
willfully violates the provisions of this Article or any rule, regulation, order, or
permit issued thereunder, shall be liable for a civil penalty not to exceed
$25,000.00 for each day that the violation continues to exist.
b. Costs and Damages
Any person, whether as principal, agent, employee, or otherwise, violating any
provisions of this Article or the rules, regulations, orders, or permits issued
hereunder, shall be liable to the County of Santa Barbara for the costs incurred
and the damages suffered by the County, its agents, and agencies as a direct and
proximate result of such violations.
c. Procedure
In determining the amount of the civil penalty to impose, the court shall consider
all relevant circumstances, including, but not limited to, the extent of the harm
caused by the conduct constituting a violation, the nature and persistence of such
conduct, the length of time over which the conduct occurred, the assets, liabilities,
and net worth of the violator, whether corporate or individual, and any corrective
action taken by defendant.
3. Criminal Actions and Penalties
a. Infractions
Any person, firm, or corporation, whether as a principal, agent, employee, or
otherwise, violating any provisions of this Article, or the rules, regulations, orders,
Article ill tn/and Zoning Ordinance
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or permits issued thereunder, shall be guilty of an infraction, and upon conviction
thereof, shall be punishable by 1) a fine not exceeding one hundred dollars
($100.00) for a first violation; 2) a fine not exceeding two hundred dollars
($200.00) for a second violation of the same ordinance within one year; and 3) a
fine not exceeding five hundred dollars ($500.00) for each additional violation of
the same ordinance within one year.
b. Misdemeanors
Any offense which would otherwise be an infraction may, at the discretion of the
District Attorney, be filed as a misdemeanor if the defendant has been convicted
of two or more violations of any of the provisions of this Article within the
12-month period immediately preceding the commission of the offense or has
been convicted of three or more violations of any of the provisions of this Article
within the 24-month period immediately preceding the commission of the offense.
Upon conviction of a misdemeanor the punishment shall be a fine of not less than
$500.00 nor more than $25,000.00 or imprisonment in the County jail for a period
not to exceed 60 days or by both such fine and imprisonment, except that where
such prior convictions are alleged in the accusatory pleading, and either admitted
by the defendant in open court, or found to be true by the jury trying the issue
of guilt or by the court where guilt is established by plea of guilty or nob
contendere or by trial by the court sitting without a jury, the punishment shall be
a fine of no less than $1,000.00 nor more than $25,000.00 or by imprisonment in
the County jail for a period not to exceed six months or by both such fine and
imprisonment.
c. Violations
Each and every day during any portion of which any violation of this article or the
rules, regulations, orders, or permits issued thereunder, is committed, continued
or permitted by such person, firm, or corporation shall be deemed a separate and
distinct offense.
Sec. 35-330.5. Cumulative Remedies and Penalties
The remedies or penalties provided by this Article are cumulative to each other and
to the remedies or penalties available under all other laws of this State.
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LEGAL PROCEDURES AND PENALTY
Sec. 35-330.6. Recovery of Costs (Amended by Ord. 3601, 10/06/86)
Purpose and Intent
This section establishes procedures for the recovery of administrative costs, including
staff time expended on the enforcement of the provisions of this Article in cases where
no permit is required in order to cure a violation. The intent of this section is to
recoup administrative costs reasonably related to enforcement.
2. Definitions
For the purpose of this section, the following words and phrases shall have the
meanings respectively ascnted to them herein.
Department: The Department of Planning and Development of the County of
Santa Barbara;
Director: The Director of the Department of Planning and Development, or any
person within the Department authorized by the Director;
Owner: The record owner or any person having possession and control of the
subject property;
Costs: Administrative costs, including staff time expended and reasonably related
to enforcement for items including site inspections, summaries, reports, telephone
contacts and correspondence. Travel time for inspections shall not be included.
3. The Department of Planning and Development shall maintain records of all
administrative costs, incurred by responsible County Departments, associated with the
processing of violations and enforcement of this Article and shall recover such costs
from the property owner as provided herein. Staff time shall be calculated at an
hourly rate as established and revised from time to time by the Board of Supervisors.
4. Notice
Upon investigation and a determination that a violation of any of the provisions of this
Article is found to exist, the Director, or any person within the department authorized
by the Director, shall notify the record owner or any person having possession or
control of the subject property by mail of the existence of the violation, the
Department's intent to charge the property owner for all administrative costs
associated with enforcement, and of the owner's right to a hearing on objections
thereto. The notice shall be in substantially the following form:
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NOTICE
The Department of Planning and Development has determined that conditions
exist at the property at ______________________________ which violate Section
__________ of the County Code, to wit:
(description of violation)
Notice is hereby given that at the conclusion of this case you will receive a
summary of administrative costs associated with the processing of this violation,
at an hourly rate as established and adjusted from time to time by the Board of
Supervisors. The hourly rate presently in effect is ______ per hour of staff time.
You will have the right to object to these charges by filing a Request for Hearing
with the Department of Planning and Development within ten (10) days of
service of the summary of charges, pursuant to Section 35-330.
5. At the conclusion of the case, the Director shall send a summary of costs associated
with enforcement to the owner and/or person having possession or control of the
subject property by certified mail. Said summary shall include a notice in substantially
the following form:
NOTICE
If you object to these charges you must file a Request for Hearing on the
enclosed form within ten (10) days of the date of this notice.
IF YOU FAIL TO TIMELY REQUEST A HEARING, YOUR RIGHT TO
OBJECT WILL BE WAIVED AND YOU WILL BE LIABLE TO THE
COUNTY FOR THESE CHARGES, TO BE RECOVERED IN A CIVIL
ACTION IN THE NAME OF THE COUNTY, IN ANY COURT OF
COMPETENT JURISDICTION WITHIN THE COUNTY.
Dated:____________________
Director
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LEGAL PROCEDURES AND PENALTY
In the event that (a) no Request for Hearing is timely filed or, (b) after a hearing the
Director affirms the validity of the costs, the property owner or person in control and
possession shall be liable to the County in the amount stated in the summary or any
lesser amount as determined by the Director. These costs shall be recoverable in a
civil action in the name of the County, in any court of competent jurisdiction within
the County.
6. Any property owner, or other person having possession and control thereof, who
receives a summary of costs under this section shall have the right to a hearing before
the Director on his objections to the proposed costs in accordance with the procedures
set forth herein.
a. A request for hearing shall be filed with the department within ten (10) days of
the service by mail of the Department's summary of costs, on a form provided by
the Department.
b. Within thirty (30) days of the filing of the request, and on ten (10) days written
notice to the owner, the Director shall hold a hearing on the owner's objections,
and determine the validity thereof.
c. In determining the validity of the costs, the Director shall consider whether total
costs are reasonable in the circumstances of the case. Factors to be considered
include, but are not limited to, the following: Whether the present owner created
the violation; whether there is a present ability to correct the violation; whether
the owner moved promptly to correct the violation; the degree of cooperation
provided by the owner; whether reasonable minds can differ as to whether a
violation exists.
d. The Director's decision shall be appealable to the Board of Supervisors pursuant
to § 35-327.3.
Sec. 35-330.7. Processing Fee Assessment (Added By Ord. 3601, 10/06/86)
Any person who shall erect, construct, alter, enlarge, move or maintain any building
or structure, or institute a use for which a permit is required by this Article without first
having obtained a permit therefor, shall, if subsequently granted a permit for that building,
structure or use, or any related building, structure or use on the property, first pay such
A(~icIe III Inland Zoning Ordinance
391 May 1994
PAGE 485 Show Image
additional permit processing fees as established from time to time by the Board of
Supervisors.
Sec. 35-330.8. Violations of Conditions--Penalty
If any portion of a privilege authorized by a Modification, Coastal Development
Permit, Variance, Conditional Use Permit, Development Plan or other permit approved
under this chapter is utilized, the conditions of the Modification, Coastal Development
Permit, Variance, Conditional Use Permit, Development Plan or other permit approved
under this chapter, immediately become effective and must be strictly complied with. The
violation of any valid condition imposed by the Planning Commission, Board of Supervisors,
Zoning Administrator, or Planning and Development Department in connection with the
granting of any Modification, Coastal Development Permit, Vanance, Conditional Use
Permit, Development Permit, or other permit taken pursuant to the authority of Chapter 35,
shall constitute a violation and shall be subject to the same penalties as defined in Section
35-330.
Article III- InlandZoning Ordinance
392 M~y 1994
PAGE 486 Show Image
VALIDITY
Sec. 35-331. Vabdity.
If any division, section, sentence, clause or phrase of this Article is for any reason held
to be unconstitutional or invalid such decision shall not affect the validity of the remaining
portions of this Article. The Board of Supervisors hereby declares that it would have passed
this Article and each section, sub-section, sentence, clause or phrase hereof irrespective of
the fact that any one or more sections, sub-sections, sentences, clauses, or phrases be
declared unconstitutional or invalid.
Sec. 35-332. ~nsibili and Authon of Director.
The purpose of this Sec. 35-322. is to claris the responsibility and authority of the
Director of the Planning and Development Department as to the Planning Commission,
Zoning Administrator and staff of the department.
Sec. 35-332.1. Responsibility and Authority of Director.
Wherever this ordinance makes reference to `Zoning Administrator" or "staff' it is
expressly understood that said Zoning Administrator or staff are acting under the direction
and control of the Director and that they report directly to the Director rather than the
Planning Commission or Board of Supervisors.
~35-333.throuhSec.35-349. Reserved for a Future Section.
Article ill- iniandZoning Ordinance
393 May 1994
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PAGE 488 Show Image
DIVISION 12
SUMMERLAND COMMUNITY PLAN OVERLAY
(Added by Ord. 4039, May 19, 1992)
Sec. 35-350. General
The provisions of this DIVISION implement portions of Summerland Community Plan
components of the County's Land Use Element of the Comprehensive Plan and serve to
carry out certain policies of this Community Plan. The provisions of this DIVISION are in
addition to the other provisions of this Article. Where provisions of this DIVISION conflict
with other provisions of this Article, the provisions of this DIVISION shall take precedence.
Sec. 35-351. Summerland SUM
Sec. 35-338.1. Applicability
The provisions of this section apply to the community of Summerland as defined by
the t1Summerland Community Land Use Map." All provisions of the Summerland
Community Plan and Comprehensive Plan, including all the goals, objectives, policies,
actions, development standards and design guidelines, shall also apply to the area zoned with
the SUM Overlay District.
Sec. 35-351.2. Definitions
For the purposes of this Section, the following definitions apply to the area zoned with
the SUM Overlay District:
BASEMENT Basements are any usable or unused under floor space where the finished
floor directly above is not more than 4 ft. above grade (as defined by the latest addition of
the Uniform Building Code).
FLOOR AREA NET Floor Area Net is the total floor area of all floors of a building as
measured to the surfaces of exterior walls, excluding unenclosed porches, balconies and
decks. Interior stairs shall be counted on only one floor. Easements or encroachments
which diminish the usable area of the lot will be taken into consideration when establishing
the lot area net, and this area shall be adjusted accordingly. Easements and encroachments
include, but are not limited to, roads, well-sites, utility installations, portions of the property
that in effect are used by other properties, etc.
Article III- InlandZoning Ordinance
394 May 1994
PAGE 489 Show Image
SUM OVERLAY
Definitions,
Standards Procedures
FLOOR AREA RATIO FAR is the door Area Net of the structure divided by the Lot
Area Net.
MIXED USE DEVELOPMENT Mixed Use Development is a structure(s) on a parcel
where 49% or less of the usable square footage (excluding garages) is for residential
purposes.
PLATE HEIGHTS Plate height is the distance between the floor and where the wall
intersects with the roof or the floor joists of the story above.
UNDERSTORY The portion of the structure between the exposed finished floor and the
finished grade. (as defined by the latest edition of the Uniform Building Code).
Section 35-351.3. Minimum Lot Size for a Duplex
Notwithstanding any language to the contrary within this Article, the minimum net lot
area for a duplex in the 1O-R-2 zone district is 10,000 square feet.
Section 35-35 1 .4. Building Height
The maximum height for structures within the urban area shall be 22 feet and the
maximum height for structures within the rural area shall be 16 feet. The height limitations
as identified in the BAR Guidelines for Summerland must be adhered to for all development
within the SUM Overlay District. For the purposes of this Section, "urban" and "rural~
are shown on "Summerland Community Land Use Map.11
Article III InIandZoning Ordinance
395 May 1994
PAGE 490 Show Image
SUM OVERLAY
Standards, Procedures
and Findings
Sec. 35-351.5. Floor to Area Ratios (FARs)
Floor Area Ratios for Different Types of Projects
The following shall be the Floor Area Ratios (FARs) for commercial and
residential projects in the SUM Overlay District:
a. Single Family Residential Floor Area Ratios (FAR)
All new single family homes and remodels of and additions to existing single
family homes in any zone district except the Design Residential District shall not
exceed the following standards (Amended by Res. 92-552, 10/6/92):
Lot Size Between FAR Max. Allowable
Up to 2,500 s.f. .50 N/A
2,501 and 3,600 s.f. .38 1,296 s.f.
3,601 and 4,700 s.f. .36 1,598 s.f.
4,701 and 5,800 s.f. .34 1,856 s.f.
5,801 and 6,900 s.f. .32 2,070 s.f.
.30
6,901 and 8,100 s.f. 2,268 s.f.
8,101 and 9,400 s.f. .28 2,538 s.f.
9,401 and 10,800 s.f. .27 2,808 s.f.
10,801 and 12,000 s.f. .26 3,100 s.f.
12,000+ s.f. See note
Note: The maximum allowable square footage column sets a cap on each category
so that there is no overlap between the categories. Each parcel may develop to
the limits set by the FAR for its parcel size except those parcels to the larger end
of each category which may not develop structures larger than the maximum
allowable square footage set for each category. The maximum square footage for
lots over 12,000 sq. ft. shall be established as a base of 2,500 sq. ft. plus 5% of the
lot area net with a maximum allowable square footage of 8,000
b. Duplex FARs
The FAR for duplexes shall be 0.27. Maximum duplex size shall be
3,600 s.f. of total living area for both units of the duplex.
Article m Inland Zoning Ordinance
396 May 1994
PAGE 491 Show Image
SUM OVERLAY
Standards Procedures
and Findin 5
C. Commercial and Mixed Use Floor Area Ratios.
The maximum FAR shall be 0.29 if the entire project is commercial or
0.35 if it is a mixed use development. If mixed use, all of the additional square
footage allowed over the 0.29 FAR shall be devoted exclusively to residential
use.
Commercial projects will be subject to other county planning and
environmental constraints which may have a bearing on the size of the building.
d. Limitations and Exceptions to FAR.
1) Garages
For residential lots, up to 500 sq. ft./dwelling unit may be allowed
for a two car garage. For larger single family lots (12,000 sq. ft. and
above), a 3 car garage may be up to 750 sq. ft. Larger garages may be
allowed, however excess square footage will be counted towards the net
floor area of the dwelling.
For commercial and mixed use projects, up to 500 sq. ft. of garages per
6,000 sq. ft. of lot area can be excluded from the FAR (e.g., a
commercial or mixed use project on a 12,000 sq. ft. lot can exclude 1,000
sq. ft. of garage space from the FAR calculations). On pre-existing lots
of less than 6,000 sq. ft., up to 500 sq. ft. of garage space can be
excluded.
2) Abandoned EastJWest Rightsof-Way (ROW).
For lots with abandoned East/West right-of-ways, such abandoned
area may only be credited 50% towards the total lot area used in the
calculation of the FAR.
f. Existing Structures that Exceed the FAR
Existing structures that exceed the FAR may be altered or reconstructed
provided:
1) The alterations or reconstruction shall not increase the FAR to an
amount greater than was contained in the original structure; and
Article m- Iniand~ning Ordinance
397 May 1994
PAGE 492 Show Image
2) The proposal conforms to the adopted Board of Architectural Review
Guidelines for Summerland in all other respects.
2. Adjustments to Floor to Area Ratios.
a. Plate Heights.
1) Lots Less than 1 Acre in Size.
To regulate the height and bulk of a building, plate heights shall
be factored into the FAR as follows:
Average Plate Height FAR Adjustment
up to 9' 0%
9' 10' -10%
over 10' -20%
2) Lots 1 Acre and Greater in Size.
A maximum of 40% of the floor area shall be allowed to exceed
a plate height of 9 ft. If more than 40% of the floor area exceeds a
plate height of 9 feet, the excess will be counted as two times the floor
area.
b. Understories [Understories are defined as the portion of the structure between
the exposed finished floor and the finished grade (as defined by the latest
edition of the Uniform Building Code)]
Understories exceeding four (4) feet in height shall reduce the FAR purposes
as follows:
iL~iyeihtofUndersto L~ARAd~ustment
Cver 4 Feet - 10%
Over 6 Feet - 20%
8 Feet or Over - 33%
Micle m Inland ~ning Ordinance
398 May 1994
PAGE 493 Show Image
SUM OVERLAY
Standards Procedures
and Findings
Homes built prior to the implementation of this section (May 19, 1992) shall
not be subject to the understory standards as long as any proposed addition
conforms with the original building footprint in profile.
c. Basements.
For residentiaj structures, basements shall be counted toward the FAR
as follows:
First 250 sq. ft. 0% = 0 sq. ft. counted and 250 sq. ft.
does not count toward FAR
Next 250 sq. ft. 50% 125 sq. ft. counted and 125 sq.
ft. does not count toward FAR
Next 300 sq. ft. 75% = 225 sq. ft. counted and 75 sq. ft.
does not count toward FAR
Over 800 sq. ft. = 100% = all sq. ft. counted toward FAR
The square footage that does not count toward the FAR per the above
formula may be added to the allowable floor area of the structure. However,
the increase in floor area pursuant to this formula may be used only once per
lot, including lots with multiple unit structures.
A proposed residential structure that does not qualify for a basement
credit may add 5% to the FAR provided that no part of the lowest finished
floor over the entire building footprint is more than 18" above grade.
Basements shall be counted at 100% of floor area unless there is no
second floor on the structure or unless the second floor mass is set back from
the downslope face of the first floor by a minimum of 10 feet at all locations.
Section 35-351.6 Board of Architectural Review (BAR).
All applicable building, grading, landscaping and other plans for new or altered
buildings shall be reviewed by the County Board of Architectural Review (BAR). In
addition to the findings set forth in Section 35-329.6 of this Article, the County BAR shall
also find that the new or altered building is in conformance with the Summerland BAR
Guidelines.
Article m Inland ~ning Ordinance
399 May 1994
PAGE 494 Show Image
SUM OVERLAY
Standards, Procedures
and Findings
Section 35-351.7. Permit Procedures.
1. A Coastal Development Permit for grading for a building pad shall not be issued until
the proposed structure has received final approval from the County BAR.
Section 35-351.8. Findings.
1. In addition to the findings that are required for approval of a development project (as
development is defined in the Santa Barbara County Comprehensive Plan), as
identified in each section of Division 10 Permit Procedures of Article III, a finding
`shall also be made that the project meets all the applicable development standards
included in the Summerland Community Plan of the Land Use Element of the
Comprehensive Plan.
2. A modification or variance to reduce the number of required off-street parking spaces
finding is made that the modification or variance will not
shall not be granted unless a
result in an increase in on-street parking.
3. Prior to approval of discretionary projects which would result in a net increase in water
use, a finding shall be made that there is sufficient water supply available to serve
existing commitments.
4. In approving new development, the County shall make a finding that the development
will not adversely impact existing recreational facilities and uses.
Article Ill Intand Zoning O(dinance
400 May 1994
PAGE 495 Show Image
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PAGE 496 Show Image
DIVISION 13.
GOLETA-GOL COMMUNITY PLAN OVERLAY
(Added by OTd. 4111, 7/20/93)
Sec. 35-352. General.
The purpose of this DIVISION is to create an overlay district in order to carry out
certain policies and implement portions of the Goleta Community Plan, which is part of the
County's Land Use Element. The provisions of this DIVISION are in addition to the other
provisions of this Article. Where provisions of this DIVISION conflict with other provisions
of this Article, the provisions of this DIVISION shall take precedence.
Sec. 35-352.1. Applicability.
The provisions of this section apply to that portion of the community of Goleta as
defined by the "Goleta Community Land Use Mapt1. All provisions of the Goleta
Community Plan and Comprehensive Plan, including all the goals, objectives, policies,
actions, development standards and design guidelines, shall also apply to the area zoned with
the GOL Overlay District.
Sec. 35-352.2. Findings.
In addition to the findings that are required for approval of a development project (as
development is defined in this Article), as identified in each section of Division 10 Permit
Procedures of Article III, a finding shall also be made that the project meets all the
applicable development standards included in the Goleta Community Plan of the Land Use
Element of the Comprehensive Plan.
Article Ill- iniand~ning O(dinance
401 M~y 1994
PAGE 497 Show Image
DIVISION 14.
LOS ALAMOS COMMUNITY PLAN (LA) OVERLAY
(Added by Ord. 4143, 2/8/94)
Sec. 35-353.1. General.
The purpose of this DIVISION is to create an overlay district in order to carry out
certain policies and implement portions of the Los Alamos Community Plan, which is part
of the County's Land Use Element. The provisions of this DIVISION are in addition to the
other provisions of this Article. Where provisions of this DIVISION conflict with other
provisions of this Article, the provisions of this DIVISION shall take precedence.
Sec. 35-353.2. Applicability.
The provisions of this section apply to that portion of the community of Los Alamos
as defined by the "Los Alamos Community Land Use Map!!. All provisions of the Los
Alamos Community Plan and Comprehensive Plan, including all the goals, objectives,
policies, actions, and development standards shall apply to the area zoned with the LA
Overlay.
Sec. 35-353.3. Setbacks.
For parcels within the Design Control (D) Overlay District that have Bell Street
frontage and a commercial use, setback from the Bell Street right-of-way shall not be
required. All other setback requirements of the applicable zone district shall apply.
Sec. 35-353.4. Findings.
In addition to the findings that are required for approval of a development project (as
development is defined in the Santa Barbara County Comprehensive Plan), as identified in
each section of Division 10 - Permit Procedures of this Article, a finding shall also be made
that the project meets all the applicable development standards, including site-specific
development standards, in the Los Alamos Community Plan section of the Land Use
Element.
Article Ill Inland Zoning Ordinance
402 May 1994
PAGE 498 Show Image
APPENDIX A
HISTORICAL UPDATE
TABLE OF ORDINANCES WHICH ADOPTED ARTICLE III
AND ALL SUBSEQUENT AMENDMENTS
ORDINANCE B/S ADOPTION AMENDED
3347 01/03/83 All
3379 06/20/83 35-205, 35-221, 35-290,
35-293 thru 35-303,
35-316, 35-317, 35-319,
35-325
3391 08/08/83 35-227 thru 35-241
3393 08/08/83 35-209,35-219.4, 35-221.4,
35-291
3413 12/05/83 35-209, 35-215, 35-219.6
3430 02/06/84 Ordinance No. 661
Repealer
3439 04/16/84 35-315.4, 35-315.11
3452 07/16/84 35-315.4, 35-315.11
3477 12/17/84 35-315.4, 35-315.5
3496 03/04/85 35-209, 35-292, 35-239.6
3499 03/18/85 35-314.2
3500 04/01/85 35-209, 35-219.3,
35-220.3, 35-222.4,
35-224.5, 35-241.4,
35-242.5, 35-219.5,
35-220.4, 35-222.6, 35-292a
3509 05/06/85 35-330
3513 05/20/85 35-228.11
3530 08/15/85 35-314.2
3535 10/07/85 35-281.6
3562 03/17/86 35-247 (Airport
Regulations)
3567 03/24/86 35-202,35-243 (Old Town
Districts)
3578 07/14/86 35-229.5
3586 08/25/86 35-209, 35-290
3599 10/06/86 35-314.7
3600 10/06/86 35-314.5
3601 10/06/86 35-330.6, 35-330.8
3602 10/06/86 35-266.1
Article m Inland Zoning Ordinance
A-I May 1994
PAGE 499 Show Image
APPE
ORDINANCB B/S ADOPTION AMENDED
NUMBER DATE SECTION(S)
3603 10/06/86 35-269.3
3614 10/27/86 35-317.6
3615 10/27/86 35-209
3650 06/15/87 35-233.5
3674 12/14/87 35-209, 35-296.1,
(87-OA-6) 35-296.4A, 35-296.4B,
35-296.5, 35-296.6
3702 05/16/88 35-296.4b
(87-OA-6)
3715 08/08/88 35-329.2, 35-292b
(87-OA- 15)
3720 08/08/88 35-277, 35-248
(85-OA-1 1)
3789 01/09/90 35-209
(89-OA-7)
3790 01/09/90 35-216, 35-217, 35-218,
(89-OA-7) 35-219, 35-221
3791 01/09/90 35-216.3, 35-217.3, 35-223.7,
(89-OA-7) 35-269.2
3792 01/09/90 35-216.4, 35-216.5, 35-217.4,
(89-OA-7) 35-217.5
3793 01/09/90 35-219.9, 35-220.7, 35-222.9,
(89-OA-8) 35-224.8,35-225.8, 35-
226.8, 35-227.8, 35-229.8,
35-230.10, 35-237.9,
35-240.10, 35-232.8,
35-243.2.8, 35-243.3.8
3794 01/09/90 35-225.11, 35-226.11,
(89-OA-7) 35-228.10, 35-229.12,
35-236.9, 35-263.4.c, 35-289
3795 01/09/90 35-262
(89-OA-7)
3796 01/09/90 35-267
(89-OA-7)
3797 01/09/90 35-268
(89-OA-7)
3798 01/09/90 35-314.2
(89-OA-7)
3799 01/09/90 35-315.3, 35-316.3.3
(89-OA-7)
Article m Inland ~ning Ordinance
A-2 M~y 1994
PAGE 500 Show Image
ORDINANCE B/S ADOPTION AMENDED
NUMBER DATE SECTION(S)
3800 01/09/90 35-315.4, 35-315.5
(89-OA-7) 35-315.11,35-315.4, 35-315.5
3801 01/09/90
(89-OA-7) 35-325.4, 35-326.2
3802 01/09/90
(89-OA-7) 35-281.10
3803 01/09/90
(89-OA-7) 35-209, 35-296.4A
3861 05/22/90
(89-OA- 12)
3875 08/14/90 35-315.10
(90-OA- 12)
3939 9/3/91 35-202, 35-209, 35-236,
(90-OA-0 17) 35-295, 35-296,
35-298, 35-299
3940 9/3/91 35-296.5
(90-OA-5)
3941 9/10/91 35-201, 35-209, 35-210,
(86-OA-21) 35-216, 35-217,
35-240, 35-315
3979 2/21/92 35-209
(9 1-OA- 10)
3980 2/21/92 35-218
(91-OA-10)
3981 2/21/92 35-219
(91-OA-10)
3982 2/21/92 35-220
(91-OA-10)
3983 2/21/92 35-221
(91-OA-10)
3984 2/21/92 35-222
(91-OA-10) 35-225
3985 2/21/92
(91-OA- 10)
3986 2/21/92 35-226
(91-OA-10) 35-227
3987 2/21/92
(91-OA-10) 35-228
3988 2/21/92
(91-OA-10)
Article III Inland Zoning Ordinance
A-3 May 1994
PAGE 501 Show Image
APPE
ORDINANCE B/S ADOPTION AMENDED
3989 2/21/92 35-229
(91-OA-1O)
3990 2/21/92 35-231
(91-OA-10)
3991 2/21/92 35-232
(91-OA-10)
3992 2/21/92 35-239
(91-OA-10)
3993 2/21/92 35-272
(91-OA-10)
3994 2/21/92 35-274
(91-OA-10)
3995 2/21/92 35-284
(91-OA-10)
3996 2/21/92 35-291
(91-OA-10)
3997 2/21/92 35-292
(91-OA-10)
3998 2/21/92 35-292
(91-OA- 10)
3999 2/21/92 35-292
(91-OA-10)
4000 2/21/92 35-306
(91-OA-10)
4001 2/21/92 35-314
(91-OA-10)
4002 2/21/92 35-315
(91-OA-10)
4003 2/21/92 35-316
(91-OA-10)
4004 2/21/92 35-317
(91-OA-10)
4005 2/21/92 35-327
(91-OA-10)
4035 5/19/92 35-209, 35-220, 35-244,
(92-OA-4) 35-277
4039 5/19/92 35-350, 35-351
(92-OA-8)
4049 5/19/92 35-203
(92-OA-3)
Article III Inland ~ning Ordinance
A-4 May 1994
PAGE 502 Show Image
ORDINANCE B/S ADOPTION AMENDED
4050 5/19/92 35-209
(92-OA-3)
4051 5/19/92 35-249
(92-OA-3)
4052 5/19/92 35-292(e)
(92-OA-3)
4063 8/18/92 35-209, 35-216, 35-217,
(92-OA-1 1) 35-218, 35-219,
35-220, 35-221, 35-222,
35-223, 35-224, 35-227,
35-228, 35-230, 35-231,
35-232, 35-233, 35-234,
35-237, 35-239, 35-262,
35-263, 35-269, 35-273,
35-281, 35-306, 35-314,
35-315, 35-317, 35-327,
35-329
4085 12/15/92 35-201, 35-209, 35-238,
(91-OA-01) 35-314, 35-315
4087 12/15/92 35-209, 35-216, 35-218,
(92-OA-22) 35-225, 35-226,
35-231, 35-232, 35-233,
35-234, 35-237, 35-241,
35-255, 35-267, 35-274,
35-281, 35-315, 35-317
4098 5/18/93 35-320
(90-OA-5)
4099 5/18/93 35-217
(90-OA-6)
4111 9/21/93 35-209, 35-216, 35-217,
(92-OA-27)
35-315
4118 7/20/93 35-202, 35-203, 35-219,
(93-OA-004) 35-314, 35-315
4128 11/16/93 35-203, 35-209, 35-216,
(93-OA-007) 35-218, 35-219, 35-221,
35-222, 35-225, 35-227,
35-228, 35-233, 35-234,
35-237, 35-250A, 35-266,
35-268, 35-291, 35-291a,
35-292f, 35-292g
Articie m- ~IandZoning Ordinance
A-S May 1994
PAGE 503 Show Image
APP
ORDINANCE B/S ADOPTION AMENDED
4143 2/8/94 35-353
(92-OA-24)
4145 2/8/94 35-202, 35-203, 35-317
(92-OA-25)
4155 5/3/94 35-317
(94-OA-003)
4184 3/14/95 35-209, 35-216, 35-218,
(94-OA-0 14) 35-219, 35-221, 35-291,
35-291A
4228 6/18/96 35-209, 35-246, 35-254,
(95-OA- 13) 35-255, 35-266, 35-274,
35-292d, 35-305, 35-306,
35-307, 35-314, 35-315,
35-317, 35-318, 35-321,
35-325, 35-326, 35-327,
App. C
4231 6/18/96 35-228
(96-OA-005)
Artide III Inland Zoning Oltimance
A-6 Replacement Page May 1994
August 1996
PAGE 504 Show Image
APPENDIX B
SUBSTANTIAL CONFORMITY DETERMINATION
GUIDELINES
(Endorsed by Board of Supervisors, 12/15/92)
On occasion, an applicant requests slight deviations from an approved action in order
to carry out a project. The County Zoning Ordinance allows certain types of alterations
from an approved project, following a determination of substantial conformity.
Procedure:
1. Applicant obtains an application for a Substantial Conformity Determination at the
Zoning Counter and pays applicable fees which may vary depending on the
complexity of the request.
2. The project manager, ~f they are stir available, reviews the project description that
was considered at the time of project approval.
3. The project manager considers key issues:
~ Has the project been the subject of substantial public controversy, or is there
reason to believe the change is likely to create substantial public controversy?
~ Will the deviation result in a change to the project that would alter the scope
and intent of the project the decision-makers acted on?
~ Would the deviation alter the public's perception of the project?
~ Would the deviation result in environmental effects not analyzed or discussed
at the time of project approval and/or result in the need for additional
mitigation measures?
If the answer to any of these basic questions is "yes", the project manager cannot
make a determination of substantial conformity.
Article III Inland Zoning Ordinance
B-i May 1994
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APPE
4. The project manager compares the request with established criteria. Listed below
are criteria developed to assist in determining whether proposed changes to approved
projects are in substantial conformity with the approved plans.
a. Does not conflict with project conditions of approval and/or final map
conditions.
b. Does not result in health or safety impacts.
c. That the project facilities, operating procedures, environmental impacts, safety
impacts, and the project's compliance with policies are substantially the same
as those considered in the previous permit issued by the County.
d. That the changes proposed can be effectuated through existing permit
conditions.
e. That the impacts and changes do not alter the findings that the benefits of the
project outweigh the significant unavoidable environmental effects made in
connection with the original approval.
f. Does not result in an increase of 1,000 sq. ft. or more than 10% of building
coverage of new structures over total project approvals, whichever is less.
g. Is clearly exempt from environmental review or was evaluated in the
environmental review document prepared for the project and there are no
new significant impacts related to the project change.
h. Does not require the removal of specimen trees or impact areas defined in the
project environmental document as sensitive or designated as areas prohibiting
structures.
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B-2 M~y 1994
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i. Is consistent with Comprehensive and/or Coastal plan policies and applicable
zoning ordinances.
J. Does not result in more than 1500 cubic yards of net cut and/or fill (Article
III & IV) or 50 cubic yards (Article II), and avoid slopes of 30% or greater
( unless these impacts were addressed in the environmental assessment for the
project and mitigation measures were imposed to mitigate said impacts and
the proposal would not compromise the mitigation measures imposed or result
in additional environmental impacts~
k. Is located within the same general location as, and is topographically similar
to, approved plans. The location shall not be moved more than 10% closer
to a property line than the originally approved development.
I. Does not result in an overall height which is greater than 10% above the
approved height. The project must remain consistent with height
requirements of the zoning district.
m. Receives BAR approvals for landscaping and structures, if necessary.
n. Does not result in intensification of use; e.g., no new employees, no increases
in traffic, etc., if these were important to the previous environmental/policy
analysis.
0. Does not affect easements for trails, public access, or open space.
5. Depending on the degree of complexity for a substantial conformity determination
request, the project manager takes action as follows:
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B-3 May 1994
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GUIDELINES
FOR
MINOR CHANGES TO LAND USE
AND COASTAL DEVELOPMENT PERMITS
The following guidelines shall be used by the Planning and Development Department to
determine if a minor change to an approved or issued Land Use/Coastal Development
Permit can be allowed without requiring a new permit.
1. The proposed change would otherwise be exempt from BAR review pursuant to
Section 35-184.3. (Article II), Section 35-329.3. (Article III), and Section 35-431.3.
(Article IV).
2. The proposed change would otherwise be exempt from Land Use and Coastal
Development Permits pursuant to Section 35-169.2. (Article II), Sections 35-314.2.
(Article III), and Section 35-482.2. (Article IV) (e.g., interior alterations, windows,
sl(ylights, decks).
3. The project has not been the subject of substantial public controversy or interest and
there is no reason to believe that the proposed change has the potential to create
substantial controversy.
4. The change does not increase the height of the roof ridgeline.
The change would not be counter to design direction provided by the BAR.
6. If the site is one (1) acre or less, the footprint of the structure may not be moved
more than five (5) percent closer to the property line. If the site is more than one
( 1) acre, the footprint of the structure may not be moved more than ten (10) percent
closer to the property line.
7. The change does not result in the removal of a specimen tree(s).
8. The change does not affect easements for trails, public access, or open space.
9. The change does not increase the required number of parking spaces.
If the proposed minor change does not conform to the guidelines identified above, the
applicant should apply for a new development permit.
Ankle III Inland Zoning Ortlinance
M~y 1994
C-i Replacement Page August 1996