Division 7 — GENERAL REGULATIONS

Section 35-118. - Purpose and Intent.

The purpose of this 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 district.

(Amended by Ord. 4169, 10/11/1994)

Section 35-118.1 Conformance to Regulations. (Added by Ord. 3595, 10/06/1986)

Except as permitted as a nonconforming use, building or structure:

1.

Use Restrictions. No building or structure shall 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 Restrictions. 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 except as otherwise permitted in Section 35-127, Section 35-172.12, Section 35-174.8, and Section 35179, and is in effect which authorizes such construction.

(Amended by Ord. 4263, 06/24/1997)

3.

Area Conformance Restrictions. 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. 4227, 06/18/1996)

Section 35-119. - Accessory Structures.

All accessory structures, including agricultural accessory structures, shall conform to criteria 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 (Section 35-91).

(Amended by Ord. 3844, 03/20/1990; Ord. 4086, 12/15/1992)

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, or the principal use has been established and commenced.

(Amended by Ord. 4557, 12/07/2004)

3.

An accessory structure erected as an integral part of the principal structure shall comply in all respects with the use, setback, and height requirements applicable to the principal structure.

(Amended by Ord. 4557, 12/07/2004)

4.

Except as provided in Subsection 4.a (Accessory dwelling units and junior accessory dwelling units), below, 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 10 feet to the principal structure and that it occupies no more than 40 percent of the required rear yard, and that it does not exceed a height of 12 feet.

(Amended by Ord. 4557, 12/07/2004)

a.

Accessory dwelling units and junior accessory dwelling units.

1)

See Section 35-142 (Accessory Dwelling Units and Junior Accessory Dwelling Units) for height limits for accessory dwelling units and junior accessory dwelling units.

2)

An accessory dwelling unit may be located in the required rear setback only when allowed in compliance with Section 35-142 (Accessory Dwelling Units and Junior Accessory Dwelling Units).

5.

No accessory structure on a corner lot having a width of less than 100 feet shall be located closer to the front line of the lot than the principal building on that lot, nor within any side or front setback.

(Amended by Ord. 4557, 12/07/2004)

6.

For a corner lot backing on a key lot, an accessory structure shall be setback from the rear property line by a distance equal to the side yard setback requirement applicable to the key lot.

(Amended by Ord. 4298, 03/24/1998)

7.

Agricultural accessory structures which serve as a primary place of employment or which are used by the public may include a bathroom and wetbar area, provided that prior to the issuance of a Coastal Development Permit for said structure, a Notice to Property Owner is recorded by the property owner that specifies the allowable use(s) of said structure. For all other accessory structures, toilets and wash basins may be allowed, however no bathing facilities or wetbars shall be allowed.

(Amended by Ord. 4557, 12/07/2004)

8.

Accessory structures, including artist studios, cabañas, and guesthouses, shall not contain kitchen or cooking facilities unless the accessory structure is specifically permitted as a dwelling (e.g., accessory dwelling units and junior accessory dwelling units). Artist studios, cabañas and guesthouses are not dwellings.

9.

Accessory buildings and structures shall not be used for sleeping purposes and shall not be used as guest houses, artist studios, or cabanas, unless specifically permitted for such use. An accessory building or structure or portion thereof, including guest houses, artist studios and cabanas, may be determined to constitute a dwelling by the Director when it is configured or occupied for residential purposes, whether permanent or temporary, and contains elements evidencing separate residential occupancy. Elements to be considered may include, but are not limited to, the proximal arrangement and various combinations of bathing facilities, closets, countertops or cupboards, dishwashers, exterior entrances, exterior staircase, garbage disposals, interior locking doors, separate addresses/mail box designations, separate balconies, decks, patios or yards, separate cable lines, phone lines or utility lines, separate carports, garages or parking areas (covered or uncovered), sleeping lofts, toilets, and sinks or bar sinks. Issuance of a building permit or other approval does not, of itself, establish that a building or portion thereof is not a dwelling unit. Said determination by the Director is considered a decision of the Director that may be appealed in compliance with Section 35-182 (Appeals). If, after appeal to the Planning Commission and, if required, the Board of Supervisors the determination that the accessory building or structure, or portion thereof constitutes a dwelling is maintained, then the dwelling may be subject to an enforcement action pursuant to Section 35-185 (Administration - Enforcement, Legal Procedures and Penalties) as appropriate.

(Amended by Ord. 4298, 03/24/1998; Ord. 4557, 12/07/2004; Ord. 4595, 03/05/2008)

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.

11.

Additional requirements, identified in Division 16 (Montecito Community Plan Overlay District), exist for those parcels identified with the MON overlay zone.

(Added by Ord. 4196, 05/16/1995)

(Ord. No. 5194, §§ 23, 24, 11-7-2023)

Section 35-120. - Guest House, Artist Studio, or Pool House/Cabaña.

(Amended by Ord. 3845 03/20/1990; Ord. 4169, 10/11/1994; Ord. 4196, 05/16/1995; Ord. 4298, 03/24/1998; Ord. 4557, 12/07/2004)

1.

Accessory structures used as guest houses, artist studios, or cabañas shall conform to criteria set forth in this section and as defined by ordinance.

2.

No guest house shall be located on a lot containing less than one gross acre.

3.

There shall not be more than one guest house or artist studio on any lot. There shall be not more than one cabaña 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 another 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 cabaña and the other accessory structure.

5.

No guest house, artist studio, or cabañas shall exceed a height of 16 feet or contain more than one story. A loft shall be counted as a story. A guest house, artist studio, or cabaña may be located above or below another accessory structure.

6.

There shall be no kitchen or cooking facilities within a guest house, artist studio, or cabaña. However, a wet bar may be provided, limited to the following features:

A counter area with a maximum length of seven 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 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 feet in depth. The seven 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 cabañas may contain bathrooms as defined by ordinance. An artist studio may contain a restroom, however bathing facilities are not permitted.

8.

Guest houses, artist studios, or cabañas shall 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 nonpaying guests or servants and is not intended to be rented or let out, 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 120 days in any 12 month period.

10.

Artist studios and cabañas shall not be used as temporary sleeping quarters, guest houses, or as a dwelling unit.

11.

A Notice To Property Owner shall be recorded by the property owner prior to issuance of a Coastal Development Permit for any guest house, artist studio or cabaña that specifies, at a minimum, the allowable uses of the structure.

12.

Cabaña. A cabaña may be approved as an accessory structure provided that its use is accessory to a sports court or swimming pool, or is located on a lot located directly adjacent to the sea.

a.

Definition of swimming pool. For the purposes of this Subsection 12 (Cabaña), swimming pool is defined as any open structure containing a body of water, whether above or below the ground, having a minimum length, width and depth of 45 feet, eight feet and 42 inches, respectively, and which shall be designed for and used or intended to be used for swimming by individuals. The following shall be excluded from this definition:

1)

Hot tubs, spas, including swim spas, and similar facilities.

2)

Ornamental ponds or water features, developed as landscape design features where swimming is not intended and does not occur.

3)

Portable, inflatable, and wading pools.

b.

Restrictions on use. The cabaña may be maintained and used as a cabaña provided that the sports court or swimming pool that the cabaña is accessory to is also maintained and used on the lot. If the sports court or swimming pool to which the cabaña is accessory to is abandoned or removed, then the use of the cabaña shall cease and the cabaña shall either be removed or lawfully converted to an allowed accessory structure within 90 days following the abandonment or removal of the sports court or swimming pool.

c.

Sequence of construction. A cabaña may be approved in conjunction with a proposed swimming pool or sports court provided that construction of the proposed swimming pool or sports court is completed before or simultaneously with completion of the cabaña.

13.

A home occupation permit shall be required for all artist studios.

14.

If an accessory dwelling unit or junior accessory dwelling unit exists or is approved for development on a lot, a guesthouse or artist studio shall not also be approved.

15.

Additional requirements, identified in Division 16 (Montecito Community Plan Overlay District), exist for parcels identified with the MON overlay zone.

16.

Commercial sales or transactions shall not occur either within an artist studio or on the lot containing the artist studio unless allowed pursuant to an issued Coastal Development Permit for a home occupation.

(Ord. No. 5194, § 25, 11-7-2023)

Section 35-121. - Home Occupations.

(Amended by Ord. 3598, 10/06/1986; Ord. 4557, 12/07/2004; Ord. 4858, 11/14/2013)

Section 35-121.1 Purpose and Intent.

The purpose of this section is to provide permit regulations and processing requirements for home occupations. The intent is to prevent any adverse effects on the residential enjoyment of surrounding residential properties.

Section 35-121.2 Applicability.

The provisions of this section shall apply to all home occupations which include Cottage Food Operations and In-home Retail Sales. Home occupations may be permitted in any dwelling in any zoning district including nonconforming dwellings.

Section 35-121.3 Processing.

1.

Before the commencement of a home occupation within a dwelling or artist studio, a Coastal Development Permit in compliance with Section 35-169 (Coastal Development Permits) or, where the Coastal Commission approves the Coastal Development Permit, a Land Use Permit in compliance with Section 35178 (Land Use Permits) shall be issued for the home occupation unless the occupation qualifies for an exemption as stated in Section 35-121.5 (Exceptions to Permit Requirements for Home Occupations) below.

a.

Special processing requirements for applications for cottage food operations located outside of the Montecito Community Plan area. The following special processing requirements apply to applications for Coastal Development Permits and Land Use Permits for home occupations that qualify as cottage food operations.

1)

Appealable development. The following shall apply to applications for home occupations that may be appealed to the Coastal Commission in compliance with Section 35-182 (Appeals).

The Zoning Administrator shall approve, conditionally approve, or deny the application in compliance with Section 35-169.4.2 (Coastal Development Permit for development that is appealable to the Coastal Commission in compliance with Section 35-182 (Appeals) and is not processed in conjunction with a Conditional Use Permit or Development Plan).

2)

Development that is not appealable. The following shall apply to applications for home occupations that may not be appealed to the Coastal Commission in compliance with Section 35-182 (Appeals).

a)

Notice. Notice of the submittal of the application and pending decision of the Zoning Administrator shall be given in compliance with Section 35-181.3 (Coastal Development Permit and Land Use Permit Noticing).

b)

Hearing not required. The Zoning Administrator shall review the application for compliance with the Comprehensive Plan and any applicable community or area plan, this Article, and other applicable conditions and regulations, and approve, conditionally approve, or deny the Coastal Development Permit or Land Use Permit. A public hearing shall not be required.

c)

Appeal. The action of the Zoning Administrator is final subject to appeal in compliance with Section 35-182 (Appeals).

2.

Prior to the issuance of a Coastal Development Permit in compliance with Section 35-169 (Coastal Development Permits) or a Land Use Permit in compliance with Section 35-178 (Land Use Permits) for a home occupation within a dwelling or artist studio, a Notice to Property Owner certifying that the home occupation will be conducted in compliance with the development standards of Section 35-121.4 (Development standards), below, and any other conditions as may be made part of the Coastal Development Permit or Land Use Permit shall be recorded by the property owner.

Section 35-121.4 Development Standards.

1.

Home occupations other than cottage food operations. A home occupation shall comply with all of the following development standards, except that if the home occupation qualifies as a cottage food operation then the development standards of Subsection 2 (Cottage food operations), below, shall apply instead.

a.

Only one home occupation shall be allowed on any one lot. The home occupation shall be conducted either entirely within not more than one room of the dwelling not including garages or entirely within an artist studio. A home occupation may not be conducted outside of the dwelling or the artist studio.

b.

The home occupation shall not alter the residential character of the dwelling or the lot that contains the home occupation. There shall be no internal or external alterations to the dwelling that are not customarily found in such structures, and the existence of the home occupation shall not be discernible from the exterior of the dwelling unit.

c.

The home occupation shall be conducted solely by the occupant(s) of a dwelling located on the lot that contains the home occupation. No employees other than the dwelling occupant(s) shall be permitted for business purposes on the lot that contains the home occupation. The home occupation may have off-site employees or partners provided they do not report for work at the lot that contains the home occupation.

d.

No displays or signs naming or advertising the home occupation shall be permitted on or off the lot that contains the home occupation. All advertising for the home occupation, including but not limited to

telephone directories, newspaper or other printed material, or on equipment or vehicles associated with the home occupation shall not divulge the location of the home occupation. Business cards and letterhead may list the address of the home occupation.

e.

There shall be no more than five customers, patients, clients, students, or other persons served by said home occupation upon the lot that contains the home occupation at any one time.

f.

A home occupation shall not use any electrical or mechanical equipment that would create any visible or audible radio or television interference or create noise audible beyond the boundaries of the lot that contains the home occupation. Noise levels associated with the home occupation shall not exceed 65 dBA outside the dwelling that contains the home occupation.

g.

No smoke or odor shall be emitted that occurs as a result of the home occupation.

h.

There shall be no outdoor storage of materials related to the home occupation.

i.

No vehicles or trailers except those incidental to the residential use and those allowed under Section 3571.11 shall be kept on the lot that contains the home occupation.

j.

A home occupation shall be strictly secondary and subordinate to the primary residential use and shall not change or detrimentally affect the residential character of the dwelling, the lot that contains the home occupation, or the neighborhood.

k.

Where a home occupation will be conducted within a dwelling or artist studio that relies on a septic system, written clearance from the Santa Barbara County Public Health Department will be required prior to approval.

l.

No hazardous materials other than those commonly found within a residence shall be used or stored on the site. Such materials and equipment shall be limited to quantities that do not constitute a fire, health or safety hazard.

m.

Business-related deliveries shall be limited to a maximum of two per week. United States Mail and commercial parcel carriers' deliveries are exempted from this limitation.

n.

A home occupation shall not create vehicular or pedestrian traffic that changes the residential character of the neighborhood and dwelling unit where the business is being conducted, or create a greater demand for parking than can be accommodated on-site or on the street frontage abutting the lot that contains the home occupation.

2.

Cottage food operations. A cottage food operation shall comply with all of the following development standards.

a.

Allowed locations.

1)

No more than one cottage food operation shall be allowed within any one dwelling unit.

2)

Only one cottage food operation may be allowed on a lot.

b.

Allowed location within the dwelling and the lot containing the cottage food operation. All food preparation, packaging, sales, storage and handling of cottage food products and related ingredients, and equipment, shall be located within the registered or permitted area consisting of the dwelling's private kitchen and one

Clients or customers shall not be served at the lot that contains the home occupation except for in-home retail sales provided that these sales do not exceed four times within a calendar year and that there are no more than 25 customers at each sales event.

b.

Business advertisements, except for business cards and letterhead, shall not list the address of the artist studio or dwelling in which the home occupation occurs.

c.

All business transactions occurring on the lot that contains the home occupation shall occur by internet, telephone, facsimile, computer modem or other telecommunication medium, or written correspondence.

Section 35-121.6. Violations of Home Occupation Regulations.

1.

It shall be unlawful for a person, firm, or corporation, to establish, cause, allow, or maintain a type of business, profession or other commercial occupation (collectively to be referred to as a "home occupation") within a dwelling before the issuance of a Coastal Development Permit in compliance with Section 35-169 (Coastal Development Permits) or a Land Use Permit in compliance with Section 35-178 (Land Use Permits) allowing the home occupation unless the home occupation does not require the issuance of a Land Use Permit in compliance with Section 35-121.5 (Exceptions to Permit Requirements for Home Occupations), above.

2.

The home occupation shall at all times be conducted in compliance with the conditions and limitations of Section 35-121.4 (Development Standards), above, any other conditions and/or limitations that may be part of the Coastal Development Permit issued in compliance with Section 35-169 (Coastal Development Permits)or Land Use Permit issued in compliance with Section 35-178 (Land Use Permits) to allow the home occupation, and it shall be unlawful for a person to conduct a home occupation for which a Coastal Development Permit or Land Use Permit has been issued without complying with all conditions attached to the permit.

evelopment Permit issued in compliance with Section 35-169 (Coastal Development Permits)or Land Use Permit issued in compliance with Section 35-178 (Land Use Permits) to allow the home occupation, and it shall be unlawful for a person to conduct a home occupation for which a Coastal Development Permit or Land Use Permit has been issued without complying with all conditions attached to the permit.

3.

Failure to comply with conditions and limitations of the Land Use Permit shall be cause for revocation of the Land Use Permit in compliance with Section 35-169.8 (Revocation).

4.

Occupations that cannot comply with all of the development standards listed in Section 35-121.4 (Development Standards), above, shall not be permitted as home occupations. Examples of prohibited occupations include:

Automotive repair or service.

b.

Painting of vehicles, trailers, boats or machinery.

Section 35-122. - Swimming Pools and Spas

(Amended by Ord. 4884, 09/08/2016)

1.

Swimming pools, spas, and appurtenant structures shall be classified as accessory uses.

2.

Swimming pools, spas, and appurtenant equipment shall not be located:

a.

Lots other than interior lots. In the required front or side setback areas and, if located within the rear setback, shall not be located closer than five feet to any property line.

b.

Interior lots. Closer than 10 feet to any property line.

Section 35-123. - Fences, Walls and Gate Posts.

(Amended by Ord. 4557, 12/07/2004)

1.

In all zoning districts other than agricultural zones, fences, walls, gates 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 Section 35-124 (General Regulations - Vision Clearance). In no case shall the height of the fence exceed the height limit of the applicable zoning district or exceed the height limitations of Section 35-100 (F - Airport Approach Overlay).

the height limitations and permit requirements provided in the following chart, except that corner lots must meet the vision clearance requirements set forth in Section 35-124 (General Regulations - Vision Clearance). In no case shall the height of the fence exceed the height limit of the applicable zoning district or exceed the height limitations of Section 35-100 (F - Airport Approach Overlay).

Location of Fence, Wall, Gate or Gatepost	Permit Requirement
	Exempt	Coastal Development Permit	Minor Conditional Use Permit
Front setback area.	Fences, walls and gates six feet or less in height; gateposts eight feet or less in height.*	May be required pursuant to Section 35-51B.B.1	Fences, walls and gates greater than six feet in height; gateposts greater than eight feet in height.
Side and rear setback areas.	Fences, walls and gates eight feet or less in height;	May be required pursuant to Section 35-51B.B.1	Fences, walls and gates greater than eight feet in

	gateposts 10 feet or less in height.*		height; gateposts greater than 10 feet in height.
Interior lot setback areas 20 feet or less from any street right-of-way.	Fences, walls and gates six feet or less in height; gateposts eight feet or less in height.*	May be required pursuant to Section 35-51B.B.1	Fences, walls and gates greater than six feet in height; gateposts greater than eight feet in height.
Interior lot setback areas greater than 20 feet from any street right-of-way.	Fences, walls and gates eight feet or less in height; gateposts 10 feet or less in height.*	May be required pursuant to Section 35-51B.B.1	Fences, walls and gates greater than eight feet in height; gateposts greater than 10 feet in height.
Outside of setback areas	Fences, walls and gates eight feet or less in height; gateposts 10 feet or less in height.*	May be required pursuant to Section 35-51B.B.1 or if fences, walls and gates are greater than eight feet in height; gateposts greater than 10 feet in height.	Not applicable.

Fences, walls, gates and gateposts shall be exempt (pursuant to Section 35-51B.B.1) only if the development will: (1) not be located within or adjacent to a wetland, beach, environmentally sensitive habitat area, or on/within 50 feet of a coastal bluff; and (2) not result in any potential adverse effects to public access to the beach or public hiking and equestrian trails (including where there is substantial evidence of prescriptive rights); and (3) not result in significant adverse impacts to scenic views from beaches, parklands, public viewing areas, and public roadways.

2.

In agricultural zoning districts, fences, walls, gates 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 Section 35-124 (General Regulations - Vision Clearance). In no case shall the height of the fence exceed the height limit of the applicable zoning district, or exceed the height limitations of Section 35- 100 (F - Airport Approach Overlay).

Location of Fence, Wall or Gatepost	Permit Requirement
	Exempt	Coastal Development Permit	Minor Conditional Use Permit
Front setback area.	Fences, walls and gates six feet or less in height; gateposts eight feet or less in height.*	May be required pursuant to Section 35-51B.B.1 or if fences, walls and gates are greater than six feet in height; gateposts greater than eight feet in height.	Not applicable.
Side and rear setback areas.	Fences, walls and gates eight feet or less in height; gateposts 10 feet or less in height.*	May be required pursuant to Section 35-51B.B.1 or if fences, walls and gates are greater than eight feet in height; gateposts greater than 10 feet in height.	Not applicable.

Interior lot setback areas 20 feet or less from any street right-of-way.	Fences, walls and gates six feet or less in height; gateposts eight feet or less in height.*	May be required pursuant to Section 35-51B.B.1 or if fences, walls and gates are greater than six feet in height; gateposts greater than eight feet in height.	Not applicable.
Interior lot setback areas greater than 20 feet from any street right-of-way.	Fences, walls and gates eight feet or less in height; gateposts 10 feet or less in height.*	May be required pursuant to Section 35-51B.B.1 or if fences, walls and gates are greater than eight feet in height; gateposts greater than 10 feet in height.	Not applicable.
Outside of setback areas	Fences, walls and gates eight feet or less in height; gateposts 10 feet or less in height.*	May be required pursuant to Section 35-51B.B.1 or if fences, walls and gates are greater than eight feet in height; gateposts greater than 10 feet in height.	Not applicable.

Fences, walls, gates and gateposts shall be exempt (pursuant to Section 35-51B.B.1) only if the development will: (1) not be located within or adjacent to a wetland, beach, environmentally sensitive habitat area, or on/within 50 feet of a coastal bluff; and (2) not result in any potential adverse effects to public access to the beach or public hiking and equestrian trails (including where there is substantial evidence of prescriptive rights); and (3) not result in significant adverse impacts to scenic views from beaches, parklands, public viewing areas, and public roadways.

3.

A maximum of 10 percent of the total linear length of a wall or fence including gates may be allowed to exceed the maximum height specified for exemption from a Coastal Development Permit where topographic or other unavoidable conditions will destroy its architectural integrity if held to the maximum height specified for its entire length.

4.

The height of walls, fences, gates or gateposts shall be determined by measuring from the natural grade at the lower side of the fence, wall, gate or gate posts.

Section 35-124. - Vision Clearance Area.

(Amended by Ord. 4557, 12/07/2004)

In all zone districts, a vision clearance area shall be provided on all corner lots. No structure, including but not limited to fences and gateways, or vegetation which obstructs the visibility of and from vehicles approaching the intersection of a state highway or public or private street with another state highway or public or private street, shall be constructed, grown, maintained or permitted higher than two and one-half feet above the curb grade, or three feet above the edge of pavement, within a triangular area bounded by the right-of-way lines and a diagonal line joining points on the right-of-way lines that are 10 feet away from the point of their intersection. In the case of rounded corners, the vision clearance area shall be the triangular area between an extension of the right-of-way lines prior to the beginning of the tangent and a

diagonal line joining points on right-of-way line or extension thereof that are 10 feet away from the point of intersection of the extensions of the right-of-way lines. The tangents referred to are those at the beginning and at the end of the curve of the right-of-way line at the corner.

Section 35-125. - General Setback Regulations.

(Amended by Ord. 4557, 12/07/2004)

1.

Where a setback line is called for or shown on a recorded final or parcel map or on a Final Development Plan the required setback shall be the setback line shown on the final or parcel map or Final Development Plan.

2.

In computing the depth of a rear setback or the width of a side setback, if such setback abuts upon an alley, and the lot owner owns all or one-half of the underlying fee of such alley, up to one-half the width of such alley may be included in the rear or side setback.

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, l960, 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.

Every part of a setback, except for mobile home site setbacks subject to the provisions of Section 35-91 (Mobile Home Park), shall be unobstructed from the ground to the sky, except as otherwise provided in this Article and as provided below:

a.

The ordinary projection of sills, buttresses, cornices, chimneys, eaves, and ornamental features may extend into a setback no more than three feet. Handrails on outdoor stairways may extend into the setback an additional six inches.

b.

Fire escapes, balconies, and unroofed and unenclosed porches, or landings may extend four feet into a front or rear setback, and three feet into a side setback, when constructed and located in a manner that shall not obstruct light or ventilation of buildings or the ready use of said setbacks for ingress or egress.

c.

5.

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 30 inches; provided that all such encroachments shall be at least eight feet above any area used by pedestrians, and at least 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.

6.

Where the elevation of the ground at a point 50 feet from the centerline of any street is seven feet or more below or above the grade of said centerline, the front setback of a private detached garage (not carport) may be decreased by 40 percent and the front setback for a dwelling may be decreased by 20 percent provided the front face of such garage is located a minimum of 10 feet from the abutting street right-ofway.

Section 35-126. - Through, Corner, Interior, and Odd Shaped Lots.

(Amended by Ord. 4557, 12/07/2004)

1.

Through Lots. The side setbacks shall extend the full depth of the lot between the front setbacks and there shall be two front setbacks.

2.

Corner Lots Abutting Two or More Streets.

If a corner lot is less than 100 feet in width, the front 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 setback be less than 10 feet.

b.

If a corner lot is 100 feet or greater in width, there shall be a front setback along each street abutting the lot and all such setbacks shall conform to the front setback requirements of the applicable zone district.

c.

The rear setback for a corner lot backing upon a key lot may be reduced to the size of the required side setback for the key lot or 10 feet, whichever is greater, provided the total front, side, and rear setback area required by the applicable district regulations is not reduced. An accessory structure on a corner lot backing up on a key lot shall be setback from the rear property line by a distance equal to the side setback requirements applicable to the key lot.

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 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.

5.

The rear setback of a triangular lot shall be measured from a line at least 10 feet long lying entirely within the lot, parallel or most nearly parallel to and most distant from the front line of said lot.

Section 35-127. - Height.

(Amended by Ord. 4581, 06/14/2007; Ord. 4887, 06/09/2016; Ord. 4969, 09/08/2016)

A.

Height measurement. The following methodology shall be used to determine the height of a structure. Additionally, the following subsections provide or reference additional specific height measurement criteria and exemptions for specific types of development.

1.

Height of structures. The height of a structure shall be the vertical distance between the existing grade and the uppermost point of the structure directly above that grade except as provided in Section 35-127.A.1.a, below. The height of any structure shall not exceed the applicable height limit except as provided below. See Figure 7-1 - Height Limit.

==> picture [288 x 133] intentionally omitted <==

Figure 7-1 - Height Limit

a.

Measurement from finished grade.

1)

Montecito Community Planning area. For structures located within the Montecito Community Plan area that are not subject to Section 35-144 (Ridgeline and Hillside Development Guidelines), the height of a structure shall be the vertical distance between the finished grade and the uppermost point of the structure directly above that grade if any portion of the structure is located above an area of the site where the finished grade is 10 feet or more above existing grade.

2)

View Corridor (VC) Overlay District. For structures located within the View Corridor (VC) Overlay District, the height of a structure shall be the vertical distance between the average finished grade and the uppermost point of the structure directly above that grade as described in Section 35-96.

2.

Maximum height limit.

a.

In ridgeline/hillside locations outside the Montecito Community Plan area, or within the Summerland Community Plan Urban Grid and Commercial Core areas. In addition to the height limit applicable to a structure as described in Section 35-127.A.1, a structure subject to Section 35-144 (Ridgeline and Hillside Development Guidelines) located outside the Montecito Community Plan area or located within the Summerland Community Plan area Urban Grid and Commercial Core areas shall not exceed a maximum height of 32 feet as measured from the highest part of the structure, excluding chimneys, vents and noncommercial antennas, to the lowest point of the structure where an exterior wall intersects the finished grade or the existing grade, whichever is lower.

1)

In the case where the lowest point of the structure is cantilevered over the ground surface, then the calculated maximum height shall include the vertical distance below the lowest point of the structure to the

finished grade or the existing grade, whichever is lower.

2)

Except for structures located within the Summerland Community Plan Urban Grid and Commercial Core areas, this 32 foot limit may be increased by no more than three feet where the highest part of the structure is part of a roof element that exhibits a pitch of four in 12 (rise to run) or greater. See Figure 7-2 - Maximum Height.

==> picture [288 x 134] intentionally omitted <==

Figure 7-2 - Maximum Height

b.

Within the Montecito Community Plan area. In addition to the height limit applicable to a structure as described in Section 35-127.A.1, a structure subject to Section 35-144 (Ridgeline/Hillside Development Guidelines) located within the Montecito Community Plan area shall not exceed a maximum height of 28 feet as measured from the highest part of the structure, excluding chimneys, vents and noncommercial antennas, to the lowest point of the structure where an exterior wall intersects the finished grade or the existing grade, whichever is lower.

1)

3.

General height limit exceptions. The height of a structure may exceed the applicable height limit in compliance with the following provided that the height also is in compliance with the F Airport Approach Overlay District.

a.

Chimneys, church spires, elevator, minor mechanical and stair housings, flag poles, noncommercial antennas, towers, vents, and similar structures which are not used for human activity may be up to 50 feet in height in all zone districts where such excess heights are not prohibited by Section 35-96 (VC - View Corridor Overlay District). The use of towers or similar structures to provide higher ceiling heights for habitable space shall be deemed a use intended for human activity.

b.

Except as provided below, portions of a structure may exceed the height limit applicable to the subject structure by no more than three feet where the roof exhibits a pitch of 4 in 12 (rise to run) or greater.

1)

Within the Summerland Community Plan Urban Grid, Urban, adjustments to the height limit applicable to the subject structure due to roof pitch are not allowed, except that within the Commercial Core area, portions of a structure may exceed the height limit applicable to the subject structure by no more than three feet where the roof exhibits a pitch of 5 in 12 (rise to run) or greater.

c.

In order to provide for architectural character, architectural elements, whose aggregate area is less than or equal to 10 percent of the total roof area of the structure or 400 square feet, whichever is less, may exceed the height limit by no more than eight feet when approved by the Board of Architectural Review.

1)

Allowances for exceeding the applicable height limit in compliance with Subsection A.3.b, above, and this Subsection A.3.c are not cumulative.

d.

Temporary drilling rigs necessary to explore for and develop oil and gas reservoirs or to operate the La Goleta gas storage reservoir (located on APN 071-210-001, as of June 30, 2006) may exceed the applicable height limit for a period of four years or less, provided the temporary use is completed in a diligent manner. Upon written request by the operator, the Director may grant up to two one-year extensions, provided that the operator is diligent in completing an established drilling program.

he La Goleta gas storage reservoir (located on APN 071-210-001, as of June 30, 2006) may exceed the applicable height limit for a period of four years or less, provided the temporary use is completed in a diligent manner. Upon written request by the operator, the Director may grant up to two one-year extensions, provided that the operator is diligent in completing an established drilling program.

e.

Workover/pulling rigs necessary to service oil/gas and injection wells, or to operate the La Goleta gas storage reservoir (located on APN 071-210-001, as of June 30, 2006) may exceed the applicable height limit, provided that the use of these rigs is completed in a diligent manner.

f.

Amine columns, distillation columns, stripper columns, and flare stacks associated with oil and gas production, gas processing, or oil/gas transportation, as allowed in compliance with Division 9 of this Article, may exceed the applicable height limit where compliance would render such facilities technically infeasible.

g.

Accessory dwelling units and junior accessory dwelling units. See Section 35-142 (Accessory Dwelling Units and Junior Accessory Dwelling Units) for height limits and exceptions for accessory dwelling units and junior accessory dwelling units.

B.

Antennas and the associated support structure (e.g., lattice tower, monopole, or similar structure) used for the commercial reception and transmission of communication signals (e.g., radio, television, and wireless) or with amateur radio stations may be up to 50 feet in height. These facilities may exceed 50 feet up to a maximum of 75 feet in height where technical requirements dictate. Amateur radio antennas may exceed 75 feet when the County finds that an increased height is necessary in order to allow for the operational needs of the operator. Antennas used in connection with wireless communication facilities may exceed 75 in height feet if:

1.

The antenna is mounted on or within an existing building and the highest point of the antenna does not protrude above the roof of the building, including parapet walls and architectural facades, that the antenna(s) is mounted on.

2.

The antenna is mounted on an existing, operational public utility pole or similar support structure (e.g., street light standard), as determined by Planning and Development, provided the highest point of the antenna does not exceed the height of the existing utility pole or similar support structure that it is mounted on.

(Ord. No. 5194, § 26, 11-7-2023)

Section 35-128. - Area of Lots.

(Amended by Ord. 4266, 06/24/1997)

1.

The lot area or building site area of a lot shall be as defined under Section 35-58 (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 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.

All other regulations of this Article are complied with.

b.

The combined or re-subdivided 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.

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, except within the SUM Overlay District where the minimum lot size for a duplex in any instance is 10,000 square feet.

(Amended by Ord. 4034, 05/19/1992)

c.

All other regulations of this Article are complied with.

Section 35-144B.6 Definitions. ¶

For the purpose of Section 35-144B, the following definitions apply. Any terms used in this Section 35144B that are undefined below, but that are defined in Division 2, Definitions, shall have the meaning ascribed to them in Division 2.

Arcade. A series of arches supported by columns, pilasters, or piers.

Bracket. A projection from a vertical surface providing structural or visual support, typically found under cornices, balconies, windows, or any other overhanging element.

Colonnade. A row or series of evenly-spaced columns set at regular intervals, often freestanding or supporting a roof.

Cornice. A projecting shelf along the top of a wall supported by a series of brackets; the exterior trim where a roof and wall meet, consisting of soffit, fascia, and crown molding.

Dentil. An architectural detail of small, repeating blocks, typically used as a decoration under the soffit of a cornice.

Fenestration. The arrangement, proportioning, and design of windows, doors, and other exterior openings in a building.

Grasscrete. A type of permeable surfacing product that is manufactured using reinforced concrete pavers and designed to allow for grass, gravel, or stone to fill in the voids of the pavers and is sturdy enough to accommodate occasional vehicular use.

Groundcover. Low-growing herbaceous or woody vegetation, other than turf, which typically grows less than two feet high and is used for understory planting under shrubs and trees. Generally, grows with a creeping or spreading habit and is used to cover bare soil areas within landscape planter areas.

Multiple-Unit. A housing development that contains two or more residential units.

Objective Design Standard. A standard that involves no personal or subjective judgment by a public official and is uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant and the public official prior to submittal.

Parking Structure. A wholly or partly enclosed structure, comprised of one or more stories, used exclusively for the parking and storage of vehicles. A parking structure may be totally below-grade or subterranean, partially above-grade, or totally above-grade.

Pilaster. A partial pier or column, often with a base, shaft, and capital that is embedded in a wall and projects slightly.

Reveal. An inner surface of an opening or recess in a wall, typically in relation to a window or door.

Roof, Gable. A roof which slopes downward in two opposite directions from an upper, central ridge.

Roof, Hip. A roof which slopes downward in four directions from an upper, central point.

Roof, Mansard. A roof with a steep lower slope and flatter upper slope on all sides, either of convex or concave shape.

Roof, Shed. A roof which slopes downward in one direction and has no hips, ridges, or valleys.

Street, Primary. A primary street in relation to an existing or proposed site is the right-of-way with the higher street classification according to the City's Transportation Element, and which carries the greater volume of vehicular traffic.

Street Facade. The wall plane or facade of buildings facing a street, comprised of one or more contiguous buildings. Often used to describe a pedestrian-oriented environment.

(Ord. No. 5204, § 28, 2-13-2024)

Section 35-144C. - Density Bonus Program.[[3]]

Section 35-144C.1 Purpose and Intent ¶

This Section implements State Density Bonus Law, including Government Code Sections 65915 through 65918, and successor statutes. State Density Bonus Law allows qualified projects to include more residential units than the Comprehensive Plan, including the Coastal Land Use Plan, and this Article would otherwise allow. In exchange, these projects must include a specified number of residential units for lower or moderate-income households, senior citizens, or special groups (i.e., transitional foster youth, disabled veterans, homeless persons, or lower income students). Qualified projects may also receive incentives or concessions, waivers or reductions of development standards, and parking ratios. Special incentives are available for certain projects that include land donations or childcare facilities. There are also conditions under which the conversion of apartments to condominiums may receive a density bonus or other incentive.

State Density Bonus Law requires the County to adopt an ordinance that specifies how compliance with the State Density Bonus Law will be implemented. The intent of this Section is to implement State Density Bonus Law, as may be amended. The intent of the following regulations is to ensure that, to the maximum extent feasible, the provisions of Government Code 65915 through 65918 are implemented (1) in a manner that is consistent with the policies the Comprehensive Plan and the Coastal Land Use Plan, and (2) in a manner that is consistent with the policies of Chapter 3 of the Coastal Act. If legislation is enacted that amends Government Code sections 65915 through 65918 or other provisions of State Density Bonus Law which would supersede or preempt any section or subsection of this Section then, the Board deems that section or subsection null and void and this Section shall remain in effect without said section or subsection and continue to apply to all density bonus requests.

(Ord. No. 5204, § 29, 2-13-2024)

Section 35-144C.2 Eligibility

A.

Eligible projects. Except as provided in Subsection B (Ineligible projects) below, the following projects shall be eligible for density bonuses, incentives or concessions, waivers or reductions of development standards, and/or parking ratios pursuant to the amount, type, and other applicable criteria in this Section and the State Density Bonus Law:

1.

Housing developments. A housing development for five or more residential units, including mixed-use developments, which will contain at least one of the following:

A specific percent of the total units for lower, very low-, moderate-, or lower and moderate-income households pursuant to Government Code Sections 65915(b)(1)(A), (B), (D), and (G) or successor statutes;

b.

A senior citizen housing development pursuant to Government Code Section 65915(b)(1)(C) or successor statute;

c.

A mobile home park that limits residency based on age requirements for housing for older persons pursuant to Government Code Section 65915(b)(1)(C) or successor statute;

d.

Ten percent of the total units for transitional foster youth, disabled veterans, or homeless persons pursuant to Government Code Section 65915(b)(1)(E) or successor statute; or

e.

Twenty percent of the total units for lower income students in an eligible student housing development pursuant to Government Code Section 65915(b)(1)(F) or successor statute.

2.

Condominium projects. A project to convert apartments to a condominium that will provide at least 33 percent of the total units of the proposed condominium project to persons and families of low or moderate income, or at least 15 percent of the total units of the proposed condominium project to lower income households pursuant to Government Code Section 65915.5 or successor statute. See Section 35-144C.8 (Condominium Projects) for information on qualified projects and applicable density bonuses and incentives.

B.

Ineligible projects. The following projects shall be ineligible for density bonuses or other incentives or concessions:

1.

Ineligible housing development projects. An applicant shall be ineligible for a density bonus or any other incentives or concessions under this Section and Government Code Section 65915 if the housing development is proposed on any property that includes a parcel or parcels on which rental dwelling units are or, if the dwelling units have been vacated or demolished in the five-year period preceding the application, have been subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income; subject to any other form of rent or price control through a public entity's valid exercise of its police power; or occupied by lower or very low-income households, unless the proposed housing development replaces those units, and otherwise complies with the terms in Government Code Section 65915(c)(3) or successor statute.

2.

Ineligible condominium projects. The following projects to convert apartments to a condominium shall be ineligible for a density bonus or other incentives:

a.

Pursuant to Government Code Section 65915.5(f) or successor statute, the apartments proposed for conversion constitute a housing development for which a density bonus or other incentives were provided under this Section or Government Code Section 65915.

b.

Pursuant to Government Code Section 65919.5(g) and (h) or successor statutes, the condominium project is proposed on any property that includes a parcel or parcels on which rental dwelling units are or, if the dwelling units have been vacated or demolished in the five-year period preceding the application, have been subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income; subject to any other form of rent or price control through the County's valid exercise of its police power; or occupied by lower or very low income households.

(Ord. No. 5204, § 29, 2-13-2024)

Section 35-144C.3 Density Bonus for Housing Developments

A.

Applicability. The Department shall grant density bonuses in accordance with Government Code Sections 65915(b) and 65915(v) or successor statute to housing developments that meet the criteria in Subsection 35-144C.2.A. 1 (Housing developments) above, and Government Code Section 65915(b) or successor statute provided that the project (as modified to include a density bonus, incentives, or concessions) is found consistent with all applicable policies and provisions of the Local Coastal Program.

B.

Meaning. "Density bonus" means a density increase over the otherwise maximum allowable gross residential density as of the date of application submittal by the applicant to the Department, or, if elected by the applicant, a lesser percentage of density increase, including, but not limited to, no increase in density.

C.

Amount/percentage. The amount of density increase for eligible housing developments shall be calculated pursuant to the percentages, conditions, and other provisions in Government Code Section 65915(f) or successor statute

D.

Optional increase in amount/percentage. The Department may grant a density bonus greater than what is described in Government Code Section 65915(f) or successor statute for housing developments that meet

the requirements of this Section provided that the project (as modified to include a density bonus, incentives, or concessions) is found consistent with all applicable policies and provisions of the Local Coastal Program.

E.

Density bonus location. Eligible housing developments and density bonuses shall be located in areas as defined in Government Code Section 65915(i) or successor statute.

F.

Continued affordability and affordable housing agreement - rental units. An applicant shall agree to, and the County shall ensure, the continued affordability of all very low-, low-, and moderate-income rental units that qualified the applicant for a density bonus for a minimum duration as follows:

1.

Projects that are funded without low-income housing tax credits shall ensure affordability for a minimum period of 90 years;

2.

Projects that are funded with low-income housing tax credits shall ensure affordability for a minimum period of 55 years.

In addition, the County shall enforce an affordable housing agreement, pursuant to the terms in Government Code Section 65915(c)(1) or successor statute.

G.

Continued affordability - for-sale units. An applicant shall agree to, and the Department shall ensure that the qualified applicant for the density bonus award meets either of the following pursuant to Government Code Section 65915(c)(2) or successor statue:

1.

The initial occupant of all for-sale units that qualified the applicant for the density bonus are persons and families of very low, low, or moderate income, the units are offered at an affordable housing cost, and are subject to an equity sharing agreement, unless this is in conflict with the requirements of another public funding source or Chapter 46 of the County Code.

2.

If the unit is not purchased by an income-qualified person or family within 180 days after the issuance of the certificate of occupancy, the unit is purchased by a qualified nonprofit housing corporation pursuant to a recorded contract that satisfies the requirements in the California Revenue & Tax Code §402.1(a)(10) and includes all of the following:

The nonprofit corporation has a determination letter from the Internal Revenue Service affirming its taxexempt status pursuant to Section 501(c)(3) of the Internal Revenue Code and is not a private foundation as that term is defined in Section 509 of the Internal Revenue Code;

b.

The nonprofit corporation is based in California;

c.

All of the board members of the nonprofit corporation have their primary residence in California; and

d.

The nonprofit corporation incorporates within their contracts for initial purchase a repurchase option that requires a subsequent purchaser of the property to offer the nonprofit corporation the right to repurchase the property prior to selling or conveying that property to any other purchaser pursuant to an equity sharing agreement, unless this is in conflict with the requirements of another public funding source or Chapter 46 of the County Code; or affordability restrictions requiring the property to be sold or resold only to very low-, low-, or moderate-income households and preserved for lower-income housing for at least 45 years if the project is funded with low-income housing tax credits or at least 90 years if the project is funded without low-income housing tax credits.

For the purposes of this Chapter a qualified nonprofit housing corporation shall mean a nonprofit housing corporation organized pursuant to Internal Revenue Code §501(c)(3) that has received a welfare exemption under the California Tax and Revenue Code §214.15 for properties intended to be sold to low-income families who participate in a special no-interest loan program.

(Ord. No. 5204, § 29, 2-13-2024)

Section 35-144C.4 Incentives or Concessions for Housing Developments

A.

Applicability. An applicant for a density bonus pursuant to Section 35-144C.3 (Density Bonus for Housing Developments) above, and Government Code Section 65915(b) or successor statute, may submit to the Department a proposal for the specific incentives or concessions that the applicant requests pursuant to this Section 35-144C.4 (Incentives or Concessions for Housing Developments) and Government Code Section 65915(d) or successor statute.

B.

a.

For purposes of this Section, "major transit stop" shall have the same meaning as defined in Public Resources Code Section 21155.

b.

For purposes of this Section, "located within one-half mile of a major transit stop" shall have the same meaning as defined in Government Code Section 65915(o)(3) or successor statute.

(Ord. No. 5204, § 29, 2-13-2024)

Section 35-144C.6 Parking Ratios for Housing Developments

A.

Maximum parking ratios. Upon the request of the applicant, except as provided in Subsection B (Limited or no parking ratio for certain housing developments) below, and Government Code Sections 65915(p)(2), (3), and (4), or successor statutes, the Department shall not require a vehicular parking ratio for a housing development meeting the criteria of this Section that exceeds the following:

1.

Zero to one bedroom: one onsite parking space.

2.

Two to three bedrooms: one and one-half onsite parking spaces.

Childcare facilities. A housing development that conforms to Government Code Sections 65915(b) and (h), or successor statutes, and includes a childcare facility that will be located on the premises of, as part of, or

adjacent to, the project shall receive an additional density bonus that is an amount of square feet of residential space or an additional incentive or concession pursuant to the amount and conditions of Section 35-144C.4 (Incentives or Concessions for Housing Developments) and Government Code Sections 65915(h) and (k) or successor statutes.

For purposes of this Section, "childcare facility" shall mean a day care center for children.

(Ord. No. 5204, § 29, 2-13-2024)

Which of the feasible incentives or concessions avoids adverse impacts to coastal resources.

2.

Preparation, filing, and initial processing of the planning permit applications. The Department and applicants shall follow the procedures and requirements in Section 35-57A. (Application Preparation and Filing) and Government Code Sections 65915(a)(2), 65915(a)(3), and 65943, or successor statutes, for the preparation, filing, and initial processing of the planning permit applications.

Once an application submitted pursuant to this Section is deemed complete, the Department shall provide the applicant with a determination as to the amount of density bonus for which the applicant is eligible; and if requested by the applicant, the parking ratio for which the applicant is eligible; and if requested by the applicant, whether the applicant has provided adequate information for the Department to make a determination as to incentives, concessions, or waivers or reductions of development standards requested by the applicant; and/or the amount of additional density bonus or incentive or concession for which the applicant is eligible.

3.

Permit review and decisions. The Department shall follow the procedures in Division 11 (Permit Procedures) for the review, and approval, conditional approval, or denial of housing developments or a project to convert apartments to a condominium under this Section and State Density Bonus Law.

a.

Land use and development standards. All housing developments or projects to convert apartments to a condominium shall comply with all applicable requirements of the primary zone in addition to the requirements of this Section and State Density Bonus Law. If a requirement of this Section or State Density Bonus Law conflicts with a requirement of the primary zone, the requirements of this Section and State Density Bonus Law shall control.

b.

Amendments or other discretionary approval. The granting of density bonuses, incentives or concessions, waivers or reductions of development standards, and/or parking ratios shall not be interpreted, in and of itself, to require a Local Coastal Plan amendment, Article text amendment, zoning map amendment, or other discretionary approval separate from the discretionary approval otherwise required for the project.

c.

Affordable Housing (AH) overlay zone. The Affordable Housing (AH) overlay zone provides density bonuses and other incentives for projects that provide a significant amount of affordable housing. Density bonuses and other incentives granted pursuant to the AH overlay zone shall be inclusive of the density bonuses and other incentives offered in this Section, and shall not be in addition to the density bonuses and other incentives offered in this Section.

d.

Affordable housing agreement. Prior to the issuance of any planning permit for a project receiving a density bonus or other incentive under this Section, the applicant shall record an affordable housing agreement for a project with rental units along with a resale restrictive covenant for projects with for-sale units, approved as to form by County Counsel. The agreements and covenants shall ensure the continued availability of the units for persons and households of the types and incomes included in Subsection 35-144C.2.A (Eligible projects), above, pursuant to the costs, periods, and other requirements in Government Code Sections 65915(c)(1), 65915(c)(2), and 65916 or successor statutes. All units shall be restricted for the maximum period allowed by this Section, Chapter 46 (Affordable Housing Enforcement), and Government Code Sections 65915(c)(1), 65915(c)(2), and 65916, or successor statutes.

e.

Protection of coastal resources.

1.

Any housing development approved in compliance with Government Code Section 65915 shall be consistent with all otherwise applicable policies and development standards of the County's Local Coastal

Program.

2.

If the Department approves development with a density bonus, the Department shall find that the development, if it had been proposed without the density increase, would have been fully consistent with the policies and development standards of the County's Local Coastal Program.

3.

If the Department determines that the means of accommodating the density increase proposed by the applicant do not have an adverse effect on coastal resources, the Department shall require that the density increase be accommodated by those means.

4.

If, however, the Department determines that the means for accommodating the density increase proposed by the applicant will have an adverse effect on coastal resources, before approving a density increase, the Department shall:

a.

Identify all feasible means of accommodating the density increase and consider the effects of such means on coastal resources.

b.

Require implementation of the means that avoids adverse impacts to coastal resources

(Ord. No. 5204, § 29, 2-13-2024)

Footnotes:

--- ( 3 ) ---

Editor's note— Ord. No. 5204, § 29, adopted February 13, 2024, repealed and reenacted Section 35-144C in its entirety to read as herein set out. Formerly, Sections 35-144C, §§ 35-144C.1—35-144C.6 pertained to density bonus for affordable housing projects and derived from Ord. No. 4169, adopted October 11, 1994, and Ord. No. 4946, adopted December 8, 2016.

Section 35-144D. - Affordable Housing Development Regulations.

Section 35-144D.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 pursuant to Section 35-102C and 35-144C of Article II, provided that such modification of regulations is consistent with all applicable policies and provision of the Local Coastal Program.

Section 35-144D.2 Applicability.

The provisions of this section shall apply to all qualified AH-Overlay projects in the Design Residential and Planned Residential Development zone districts and all qualified density bonus projects.

Section 35-144D.3 Modified Development Standards.

The following modified standards may apply to qualified AH-Overlay projects in the Design Residential and Planned Residential Development zone districts and qualified density bonus projects, provided that projects so modified shall be found consistent with all applicable policies and provision of the Local Coastal Program.

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 30 percent of the gross acreage.

Section 35-144E. - Hazardous Waste Generators.

(Added by Ord. 4048, 05/19/1992)

Section 35-144E.1 Purpose and Intent

The purpose of the 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 the County Environmental Health Services Generator Permit Program and prepare an emergency response plan where required by Chapter 6.95 of the California Health and Safety Code

Section 35-144E.2 Applicability.

The provisions of this Section apply to any activity for which a Coastal Development or Home Occupation Permit is required that is undertaken by a person or business who is or will be a generator of hazardous waste.

Section 35-144E.3 Requirements.

1.

As part of the application for a Coastal Development Permit, the applicant shall submit a Waste Minimization Plan.

All new or modified Coastal Development Permits shall incorporate waste minimization techniques to the maximum extent economically and technically feasible.

3.

Prior to issuance of a Coastal Development Permit, the applicant shall have an approved Generator Permit from the County Environmental Health Services, or an accepted application for a Generator Permit.

4.

Prior to operations, any Coastal Development 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.

Section 35-144F. - Commercial Telecommunication Facilities.

(Amended by Ord. 4588, 06/14/2007; Ord. 4789, 11/14/2013; Ord. 5095, 03/11/2021)

A.

Purpose and intent. This Section establishes the permit requirements and standards for the siting and development of commercial telecommunication facilities. The intent is to promote their orderly development and ensure they are compatible with surrounding land uses in order to protect the public safety and visual resources.

B.

Applicability.

1.

Affected facilities and equipment. The provisions of this Section shall apply to commercial telecommunication facilities that transmit or receive electromagnetic signals (e.g., radio, television, and wireless communication services including personal communication, cellular, and paging). This Section shall not be construed to apply to handheld, vehicular, or other portable transmitters or transceivers, including cellular phones, CB radios, emergency services radio, and other similar devices.

2.

Allowable zones and permit requirements. The following table, Allowable Zones and Permit Requirements for Commercial Telecommunications Facilities, below, establishes the allowable zones, permit requirements, and development standards applicable to commercial telecommunications facilities as allowed by this section. Different permit processes shall be required depending on the type of the commercial telecommunication facility being proposed and whether the facility complies with different development standards.

a.

Coastal Development Permit processing requirement.

Unless exempt in compliance with Section 35-169.2 (Applicability), all development requires a Coastal Development Permit in compliance with Section 35-169 (Coastal Development Permits).

2)

A Coastal Development Permit shall be processed concurrently and in conjunction with a Conditional Use Permit in compliance with Section 35.169.4 (Processing).

Allowable Zones and Permit Requirements for Commercial Telecommunications Facilities

Project Level Tier	Zones Where Allowed	Permit Requirements	Development Standards
Tier 1 (a) Project - Temporary Facilities	Allowed as a "Permitted Use" in all zones	Coastal Development Permit	35-144F.C.1.a
Tier 1 (b) Project - Spectrum Act Facility Modifcation	All zones	Coastal Development Permit	35-144F.C.1.b 35-144F.D
Tier 1 (c) Project - Hub sites	Allowed as a "Permitted Use" in all zones	Coastal Development Permit	35-144F.C.1.c 35-144F.D
Tier 2 (a) Project - Small wireless facilities	Allowed as a "Permitted Use" in all zones	Coastal Development Permit	35-144F.C.2.a 35-144F.D
Tier 2 (b) Project - Tenant improvements	Allowed as a "Permitted Use" in all zones	Coastal Development Permit	35-144F.C.2.b 35-144F.D
Tier 2 (c) Project - Collocated Facilities	Allowed as a "Permitted Use" in all nonresidential zones	Coastal Development Permit	35-144F.C.2.c 35-144F.D
Tier 3 (a) Project - Facilities not exceeding 50 ft. in height	Allowed as a "Use Permitted with a Minor Conditional Use Permit" in all zones, except not allowed in the Recreation (REC) zone	Minor Conditional Use Permit and concurrent Coastal Development Permit	35-144F.C.3.a 35-144F.D
Tier 3 (b) Project - Satellite ground station facilities, relay towers, towers or antennas for radio/television transmission and/or reception	Allowed as a "Use Permitted with a Minor Conditional Use Permit" in nonresidential zones	Minor Conditional Use Permit and concurrent Coastal Development Permit	35-144F.C.3.b 35-144F.D
Tier 3 (c) Project - Facilities that comply with the zone height limit	Allowed as a "Use Permitted with a Minor Conditional Use Permit" in nonresidential zones, except not allowed in the Recreation (REC) zone	Minor Conditional Use Permit and concurrent Coastal Development Permit	35-144F.C.3.c 35-144F.D
Tier 4 (a) Project - Facilities that are not allowed in compliance with Tier 1 through Tier 3	Allowed as a "Use Permitted with a Major Conditional Use Permit "in all zones	Conditional Use Permit and concurrent Coastal Development Permit	35-144F.C.4.a 35-144F.D
Tier 4 (b) Project - Other facilities that are subject to regulation by the FCC or CPUC, e.g., AM/FM radio stations, television stations	Allowed as a "Use Permitted with a Major Conditional Use Permit" in nonresidential zones	Conditional Use Permit and concurrent Coastal Development Permit	35-144F.C.4.b 35-144F.D

C.

Processing. Permits for commercial telecommunication facilities shall be approved in compliance with the following requirements, including the requirements of Subsection D through Subsection H unless otherwise specified. Modifications to regulations in compliance with Section 35-169 (Coastal Development Permits) and Section 35-172 (Conditional Use Permits) may be allowed for telecommunication facilities only as specified in this Section.

1.

Tier 1 projects. Commercial telecommunication facilities that comply with the following may be permitted as a Tier 1 commercial facility:

a.

Standards for Tier 1 projects, temporary facilities. Temporary telecommunications facilities may be permitted in compliance with Section 35-137.3.1.

b.

Standard for Tier 1 projects, Spectrum Act facilities. Pursuant to Section 6409 of the federal Spectrum Act (47 U.S.C. Section 1455) and its implementing regulations (47 C.F.R. Section 1.6100), as amended, any eligible facilities request for a modification of an existing wireless tower or base station that does not substantially change the physical dimensions of such tower or base station shall be allowed. The terms used in this subsection shall have the meaning ascribed to them in 47 C.F.R. Section 1.6100(b), as amended.

1)

Pursuant to 47 C.F.R Section 1.6100, as amended, the request shall comply with the following:

a)

Eligible facilities request. The project must be a request for modification to an existing wireless tower or base station that involves:

i)

Collocation of new transmission equipment;

ii)

Removal of transmission equipment; or

iii)

Replacement of transmission equipment.

b)

The wireless tower or base station is existing at the time of permit application, supports existing antennas, and was permitted in compliance with this Development Code.

c)

The wireless tower is any structure built for the sole purpose of supporting any Federal Communications Commission (FCC)-licensed antennas and associated facilities.

2)

Substantial change. Pursuant to 47 C.F.R Section 1.6100, as amended, a modification shall not be allowed pursuant to this section if it substantially changes the physical dimensions of an existing wireless tower or base station. A modification substantially changes the physical dimensions if it meets any of the following criteria:

a)

Wireless towers not located within the public right-of-way.

i)

The modification increases the height of the tower by more than 10 percent, or by the height of one additional antenna array with separation from the nearest antenna not to exceed 20 feet, whichever is greater.

ii)

The modification adds an appurtenance to the body of the tower that would protrude from the edge of the tower by more than 20 feet, or by more than the width of the tower structure at the level of the appurtenance, whichever is greater.

b)

Wireless towers located within the public right-of-way and base stations.

i)

The modification increases the height of the structure by more than 10 percent, or by more than 10 feet, whichever is greater.

ii)

The modification adds an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet.

iii)

The modification involves installation of any new equipment cabinets on the ground if there are no preexisting ground cabinets associated with the structure.

iv)

The modification involves installation of ground cabinets that are more than 10 percent larger in height or overall volume than any other ground cabinets associated with the structure.

c)

The modification involves installation of more than the standard number of equipment cabinets for the technology involved, but not to exceed four cabinets.

d)

The modification entails excavation or deployment outside of the current site.

e)

The modification would defeat the concealment elements of the support structure.

c.

Standards for Tier 1 projects, hub sites. Wireless telecommunication facilities that comply with all of the following may be allowed:

1)

The facility qualifies as a hub site.

2)

No antennas are proposed except as follows:

a)

One Global Positioning System (GPS) may be allowed.

3)

The facility is located within a permitted building.

4)

The facility may be subject to review by the Board of Architectural Review (Section 35-184) in compliance with Section 35-184.2 (Applicability).

2.

Tier 2 projects. Commercial telecommunication facilities that comply with the following may be permitted as a Tier 2 commercial facility:

a.

Standards for Tier 2 projects, small wireless facilities. "Small wireless facilities," as that term is defined in 47 C.F.R. Section 1.6002(l), as amended, that comply with the following may be allowed:

The facilities:

a)

are mounted on structures 50 feet or less in height including antennas as defined in 47 C.F.R. Section 1.1320(d);

b)

are mounted on structures no more than 10 percent taller than other adjacent structures; or

c)

do not extend existing structures on which they are located to a height of more than 50 feet or by more than 10 percent, whichever is greater.

2)

Each antenna associated with the deployment, excluding associated antenna equipment (as defined in the definition of antenna in 47 C.F.R. Section 1.1320(d)), is no more than three cubic feet in volume.

3)

All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than 28 cubic feet in volume.

4)

The facility does not require antenna structure registration under Part 17 of Title 47 C.F.R., or its successor regulations (i.e., Federal Communications registration due to extreme height or proximity to an airport).

5)

The facility is not located on Tribal lands, as defined under 36 C.F.R. Section 800.16(x), or its successor regulation.

6)

The antenna shall be mounted on one of the following:

a)

an existing or replacement operational public utility pole or similar support structure (e.g., non-decorative streetlight, traffic light, telephone pole, existing wooden pole) that is not being considered for removal, as determined by the Director;

b)

the roof of an existing structure, or vaulted underground;

c)

an existing or replacement non-pole concealment structure,

If technical requirements dictate through a site analysis prepared by a qualified technical specialist demonstrating that the antenna cannot be mounted on one of the above, the antenna may be mounted on a new pole or similar structure provided the new pole or structure replicates the materials, color, and finish of existing infrastructure nearby.

7)

Accessory equipment. Accessory equipment associated with the antenna and pole structure, shall be installed and located:

Underground;

Concealed within the structure;

Pole-mounted (with a 10-foot ground clearance); or

d)

Above-grade structure (with a two-foot setback from the sidewalk).

8)

Siting and clearance. All small wireless facilities, associated antennas and accessory equipment shall comply with the following siting and clearance standards:

a)

Shall be installed on poles that are located as close as feasible to shared property lines between two adjacent lots and not directly in front of residences and businesses;

b)

Shall not be placed within 20 feet from a residential dwelling's doors or windows;

c)

Shall be installed at least 50 feet away from any streetlight, utility pole or other similar support structure if the small wireless facility and any associated antennas, accessory equipment or improvements are attached to or part of any new, non-replacement support structure;

d)

Shall not be placed within any clear zone at any intersection;

e)

Shall not be placed in a location that obstructs illumination patterns for existing streetlights, views of any traffic signs or signals, or view lines for traveling vehicles, bicycles, or pedestrians, as determined by County's Public Works Department;

f)

Shall provide a minimum 2-foot setback clearance from sidewalks for any protruding equipment on poles; and

g)

Shall provide a setback for a fixed object per CALTRANS standards and County Engineering Design Standards. The following shall be required if a setback cannot be obtained within the right of way:

i)

Private easement that is setback from travel lane; and

ii)

Guardrail or other mitigation protection.

9)

Design Standards.

a)

Stealth and concealment. All small wireless facilities shall be as stealth as technically feasible with concealment elements and techniques that mimic or blend with the underlying support structure, surrounding environment and adjacent uses.

The height of the antenna and associated antenna support structure shall not exceed 15 feet above the highest point of the structure on which the antenna and support structure is located. Architectural projections shall not be used in determining the highest point of the structure. If located on a flat roof of an existing structure, the height of the antenna above the roof shall not exceed the distance the antenna is set back from any edge of the roof.

3)

The base of a new freestanding antenna support structure shall be set back from a lot with a residential zone designation a distance equal to five times the height of the antenna and antenna support structure, or a minimum of 300 feet, whichever is greater.

4.

Tier 4 projects. Commercial telecommunication facilities that comply with the following may be permitted as a Tier 4 commercial facility:

a.

Standards for Tier 4 projects, facilities that are not allowed in compliance with Tier 1 through Tier 3. Wireless telecommunication facilities that may not be permitted in compliance with Subsections C.1 through C.3 above, but do comply with the following development standards, under Subsection D below,

may be allowed provided the height of the antenna and associated antenna support structures shall not exceed 75 feet.

b.

Standards for Tier 4 projects, other facilities that are subject to regulation by the FCC or CPUC, e.g., AM/FM radio stations, television stations. Other telecommunication facilities as follows are allowed in nonresidential zones as identified in Section 35-52 (Zoning District Designations and Applicability). These do not include wireless telecommunication facilities that are subject to the provisions of Subsection C.4.a above, or amateur radio facilities that are subject to the provisions of Section 35-144G (Noncommercial Telecommunication Facilities).

1)

Facilities that are subject to regulation by the FCC or the California Public Utilities Commission (e.g., AM/FM radio stations, television stations). Such facilities may include: equipment shelters, antennas, antenna support structures, and other appurtenant equipment related to communication facilities for the transmission or reception of radio, television, and communication signals.

2)

Other commercial telecommunication facilities that exceed 50 feet in height.

D.

Additional development standards for telecommunication facilities. In addition to the development standards in Subsection C. (Processing) above, with the exception of temporary mobile telecommunications facilities, commercial telecommunication facilities regulated by this Section 35-144F (Commercial Telecommunication Facilities) shall also comply with the following development standards unless otherwise indicated below, provided that if the following development standards conflict with any of the design standards regulating small wireless facilities in Subsections C.2.a.7) through C.2a.9), above, the design standards specific to small wireless facilities shall control.

1.

Telecommunication facilities shall comply in all instances with the following development standards:

a.

Setbacks. The facility shall comply with the setback requirements of the zone in which the facility is located except as follows:

1)

g.

Lighting. The facility shall be unlit except for the following:

1)

A manually operated light or light controlled by motion-detector that includes a timer located above the equipment structure door that shall be kept off except when personnel are present at night.

2)

Where an antenna support structure is required to be lighted, the lighting shall be fully shielded and directed downward to avoid to the greatest extent possible spillover onto nearby residences and habitats.

h.

Location within F - Airport Approach Overlay District. The facility shall not be located within the safety zone of an airport unless the airport operator indicates that it will not adversely affect the operation of the airport.

Colors and materials. Colors and materials shall be chosen to minimize visibility, using textures and colors to match or blend with the primary background.

1)

Exterior finish. The visible surfaces of support facilities (e.g., vaults, equipment rooms, utilities, equipment enclosures) shall be finished in non-reflective materials.

2)

Painted surfaces. Structures, poles, towers, antenna supports, antennas, and other components of each telecommunication site shall be initially painted and repainted as necessary with a non-reflective paint. The lessee shall not oppose the repainting of their equipment in the future by another lessee if an alternate color is deemed more appropriate by a decision-maker in approving a subsequent permit for development.

j.

Landscaping. The facility shall be constructed so as to maintain and enhance existing vegetation, without increasing the risk of fire hazards, through the implementation of the following measures:

1)

Facilities shall be sited to avoid the removal of trees and to avoid fuel modification within environmentally sensitive habitats and environmentally sensitive habitat buffers. Existing trees and other vegetation that screens the facility and associated access roads, power lines and telephone lines that are not required to be removed in order to construct the facility or to achieve fire safety clearances, shall be protected from damage during the construction period and for the life of the project.

2)

Underground lines shall be routed to avoid damage to tree root systems to the maximum extent feasible.

3)

Additional trees and other native or adapted vegetation shall be planted and maintained in the vicinity of the project site, and associated access roads, power lines, and telephone lines, under the following situations:

a)

The vegetation is required to screen the improvements from public viewing areas.

b)

The facility or related improvements are likely to become significantly more visible from public viewing areas over time due to the age, health, or density of the existing vegetation.

Required landscape plans shall be comprised of appropriate species and shall be prepared by a botanist, licensed landscape contractor, or licensed landscape architect. A performance security shall be required to guarantee the installation and maintenance of new plantings.

4)

Existing trees or significant vegetation used to screen the facility that die in the future shall be replaced with native trees and vegetation of a comparable size, species, and density. The facility may be required to be repainted during the time required for the newly planted vegetation to mature and provide adequate screening.

5)

The vegetation that exists when the project is initially approved that is required to provide screening for the facility shall not be altered in a manner that would increase the visibility of the facility and associated access roads, power lines, and telephone lines, except:

a)

Where the alteration is specifically allowed by the approved project; or

b)

Where necessary to avoid signal interference to and from the approved facility subject to all required approvals and permit requirements and provided that impacts to environmentally sensitive habitats, environmentally sensitive habitat buffers, and other coastal resources are avoided.

Any alteration of the vegetation, conducted pursuant to an approved permit, shall be completed under the direction of a licensed arborist, licensed landscape contractor, or licensed landscape architect.

6)

Vegetation proposed and/or required to be planted in association with a commercial telecommunications facility shall consist of non-invasive plant species only.

2.

Telecommunication facilities shall comply with the following development standards in all instances, except that the decision-maker may exempt a facility from compliance with one or more of the following development standards if requested by the applicant. An exemption may only be granted if the decisionmaker finds, after receipt of sufficient evidence, that failure to adhere to the standard in the specific instance (a) will not increase the visibility of the facility and will not decrease public safety, and will not result in greater impact to coastal resources, including sensitive habitat, coastal waters, and public access, or (b) is required due to technical considerations, or (c) would avoid or reduce the potential for environmental impacts and will not increase the visibility of the facility, and will not decrease public safety, and will not result in greater impacts to coastal resources, including sensitive habitat, coastal waters and public access.

a.

The primary power source shall be electricity provided by a public utility. Backup generators shall only be operated during power outages and for testing and maintenance purposes. New utility line extension longer than 50 feet installed primarily to serve the facility shall be located underground unless an overhead line would not be visible from a public viewing area. New underground utilities shall contain additional capacity

(e.g., multiple conduits) for additional power lines and telephone lines if the site is determined to be suitable for collocation.

b.

Disturbed areas associated with the development of a facility shall be prohibited on prime agricultural soils. An exemption may be approved only upon a showing of sufficient evidence that there is no other feasible location in the area or other alternative facility configuration that would avoid or minimize impacts to prime soils and that agricultural operations will not be adversely impacted by placement or operation of the telecommunication facility.

c.

Collocation on an existing support structure shall be required for facilities allowed in compliance with Subsection C.2 through Subsection C.4 of this Section, unless:

1)

The applicant can demonstrate that reasonable efforts, acceptable to the decision-maker, have been made to locate the antenna on an existing support structure and these efforts have been unsuccessful; or

2)

Collocation cannot be achieved because there are not existing facilities in the vicinity of the proposed facility; or

3)

The decision-maker determines that:

a)

Collocation of the proposed facility would result in greater visual impacts than if a new support structure were constructed.

b)

The non-collocated development will not result in greater impact to coastal resources, including sensitive habitat, coastal waters, and public access.

All proposed facilities shall be assessed as potential collocation facilities or sites to promote facility and site sharing so as to minimize the overall visual and environmental impacts. Sites determined by the Department to be appropriate as collocated facilities or sites shall be designed in a way that antenna support structures and other associated features (e.g. parking areas, access roads, utilities, equipment buildings) may be shared by site users. Criteria used to determine suitability for collocation include the visibility of the existing site, potential for exacerbating the visual impact of the existing site, availability of necessary utilities (power and telephone), existing vegetative screening, availability of more visually suitable sites that meet the radiofrequency needs in the surrounding area, avoiding or minimizing disturbance to environmentally sensitive habitats, and cumulative radiofrequency emission studies showing compliance

with radiofrequency standards established by the FCC. Additional requirements regarding collocation are located in Subsection E.3 (Collocation) below.

d.

Support facilities (e.g., vaults, equipment rooms, utilities, equipment enclosures) shall be located underground or blend in with the surrounding environment, if they would otherwise be visible from public viewing areas (e.g., public road, trails, recreational areas) or shall be screened by existing or new landscaping, fences, and/or walls.

e.

Facilities shall be prohibited in areas that are located between the sea and the seaward side of the right-ofway of the first through public road parallel to the sea, unless a location on the seaward side would result in less visible impact. An exemption may be approved only upon showing of sufficient evidence that there is no other feasible location in the area or other alternative facility configuration that would avoid or minimize visual impacts.

3.

Telecommunication facilities allowed in compliance with Subsection C.3 through C.4 of this Section shall comply with the following development standards in all instances, except that the review authority may exempt a facility from one or more standards if requested by the applicant. An exemption may only be granted if the review authority finds, after receipt of sufficient evidence, that failure to adhere to the standard in the specific instance (a) will not increase the visibility of the facility and will not decrease public safety, and will not result in greater impact to coastal resources, including sensitive habitat, coastal waters, and public access, or (b) is required due to technical considerations, or (c) would avoid or reduce the potential for environmental impacts and will not increase the visibility of the facility, and will not decrease public safety, and will not result in greater impacts to coastal resources, including sensitive habitat, coastal waters and public access.

a.

A facility shall not be located so as to silhouette against the sky if substantially visible from a statedesignated scenic highway or roadway located within a scenic corridor as designated on the Comprehensive Plan maps.

b.

A facility shall not be installed on an exposed ridgeline unless it blends with the surrounding existing natural or manmade environment in a manner that ensures that it will not be substantially visible from public viewing areas (e.g., public road, trails, recreation areas) or is collocated in a multiple user facility.

c.

Telecommunication facilities that are substantially visible from public viewing areas shall be sited below the ridgeline, depressed or located behind earth berms in order to minimize their profile and minimize any intrusion into the skyline. In addition, where feasible, and where visual impacts would be reduced, the

facility shall be designed to look like the natural or manmade environment (e.g., designed to look like a tree, rock outcropping, or streetlight) or designed to integrate into the natural environment (e.g., imbedded in a hillside). These facilities shall be compatible with the existing surrounding environment.

d.

Disturbed areas associated with the development of a facility shall not occur within the boundaries or buffer of an environmentally sensitive habitat area. An exemption may be approved only upon showing of sufficient evidence that there is no other feasible location in the area or other alternative facility configuration that would avoid impacts to environmentally sensitive habitat areas. If an exemption is approved with regard to this standard, the County shall require the applicant to fully mitigate impacts to environmentally sensitive habitat consistent with the provisions of the certified Local Coastal Program. Associated landscaping in or adjacent to environmentally sensitive habitat areas shall be limited to locally native plant species appropriate to the habitat type and endemic to the watershed. Invasive, nonindigenous plant species that tend to supplant native species shall be prohibited.

E.

Project installation and post installation provisions.

1.

FCC Compliance. The facility shall be operated in strict conformance with: (i) all rules, regulations, standards and guidance published by the FCC, including but not limited to, safety signage, Maximum Permissible Exposure (MPE) Limits, and any other similar requirements to ensure public protection and (ii) all other legally binding, more restrictive standards subsequently adopted by federal agencies having jurisdiction provided that such requirements are consistent with the certified Local Coastal Program and will not result in impacts to coastal resources.

a.

Demonstration of compliance. Compliance with all applicable standards shall be demonstrated with a report prepared by a qualified professional acceptable to the County to perform radiofrequency (RF) field testing to evaluate compliance with current federally established MPE standards. Compliance shall be demonstrated as needed to address changes in setting, technology and FCC regulations.

b.

Conditions of approval. The approved planning permit for the facility may include conditions of approval as determined to be appropriate by the decision-maker to ensure that the facility is operated in a manner that does not pose, either by itself or in combination with other facilities, a potential threat to public safety. Said conditions of approval may include the following requirements:

1)

Initial verification. The Permittee shall submit a report prepared by a qualified professional acceptable to the County (wholly independent of Permittee) that includes a RF field test that measures actual RF electromagnetic exposure at the site within 30 days of Final Building Permit Clearance.

a)

This RF field-testing shall measure all ambient sources of RF energy at the site and report the cumulative RF exposure, including contributions from the site together with other sources of RF energy in the environment as a whole.

b)

The field test should include the author's/professional's findings with respect to compliance with federally established MPE standards.

c)

Should the facility exceed the applicable standards, the facility shall cease and desist commercial operations until it complies with, or has been modified to comply with, applicable RF standards.

2)

Continued compliance. The Permittee shall demonstrate continued compliance with the MPE limits through submittal of regular RF field test reporting in compliance with the following:

a)

Every five years, or other time period as specified by the decision-maker as a condition of approval of the project, a report prepared by a qualified professional acceptable to the County to perform RF field testing to evaluate compliance with current federally established MPE standards shall be prepared that lists the actual measured level of RF emissions radiating from the whole facility. The report shall be submitted by the newest carrier operating at the facility to the Director. If the level of RF emissions has changed since permit approval, measurements of RF levels in nearby inhabited areas shall be taken and submitted with the report.

3)

Facility upgrades. Prior to the addition/replacement of equipment which has the potential to increase RF emissions at any public location beyond that estimated in the initial application and is within the scope of the project description, Permittee shall submit a report providing the calculation of predicted maximum effective radiated power including the new equipment as well as the maximum cumulative potential public RF exposure expressed as a percentage of the public MPE limit attributable to the site as a whole. Once the new equipment has been installed, Permittee shall perform Initial Verification as stated above.

4)

Updated standards. In the event the federally established RF public exposure standards change, the Permittee shall submit a report with calculations of the maximum potential public RF exposure from the Project with respect to the revised RF public exposure standards within 90 days of the date the change becomes effective. If calculated levels exceed 80 percent of the applicable RF standards, Permittee shall notify the County and submit a MPE compliance verification report with the results from current RF fieldtesting at the site.

c.

Failure to supply reports. Failure to supply the reports required in compliance with this Subsection E.1 within 30 days following the date that written notice is mailed by the Director that such compliance report is due or failure to remain in continued compliance with the MPE limit shall be grounds for revocation of the Coastal Development Permit or other entitlement of use by the Director. The decision of the Director to revoke the Coastal Development Permit or other entitlement of use is final subject to appeal in compliance with Chapter 35.102 (Appeals).

2.

Project Review. The County reserves the right to undertake inspection of the facility and require the Permittee to modify its facilities should a more effective means of ensuring aesthetic compatibility with surrounding uses have become available as a result of subsequent technological advances, changes in circumstance from the time the project was initially approved, or the project fails to achieve the intended purposes of the development standards listed in Subsection D. (Additional development standards for telecommunication facilities).

3.

Collocation. The Permittee shall avail its facility and site to other telecommunication carriers and, in good faith, accommodate all reasonable requests for collocation in the future subject to the following parameters:

a.

The party seeking collocation shall be responsible for all facility modifications, environmental review, mitigation measures, associated costs, and permit processing.

b.

The Permittee shall not be required to compromise the operational effectiveness of its facility or place its prior approval at risk.

c.

The Permittee shall make its facilities and site available for collocation on a non-discriminatory and equitable cost basis.

d.

The County retains the right to verify that the use of the Permittee's facilities and site conforms to County policies.

4.

Abandonment-Revocation.

a.

The Permittee shall remove all support structures, antennas, equipment and associated improvements and restore the site to its natural pre-construction state within one year of discontinuing use of the facility or upon permit revocation.

b.

Should the Permittee require more than one year to complete removal and restoration activities the Permittee shall apply for a one-time time extension.

c.

In the event the Owner requests that the facility or structures remain, the Owner shall apply for necessary permits for those structures within one year of discontinued use.

d.

If use of the facility is discontinued for a period of more than one year and the facility is not removed the County may remove the facility at the Permittee's expense.

5.

Transfer of ownership. In the event that the Permittee sells or transfers its interest in the telecommunications facility, the Permittee and/or succeeding carrier shall assume all responsibilities concerning the Project and shall be held responsible by the County for maintaining consistency with all conditions of approval. The succeeding carrier shall immediately notify the County and provide accurate contact and billing information to the County for remaining compliance work for the life of the facility.

6.

Color compatibility. Prior to the issuance of a Coastal Development Permit , the applicant shall erect an onsite demonstration structure of sufficient scale and height to allow the Director to determine that the proposed exterior color is aesthetically compatible with the surrounding area. If the applicant elects not to erect this demonstration structure prior to issuance of the Coastal Development Permit , the Director may determine within 30 days of the facility becoming operational that the exterior color is not aesthetically compatible with the surrounding area and require that the exterior color be changed.

F.

Public notice.

1.

Notice of the application and pending decision on a Coastal Development Permit in compliance with Section 35-144F.C.1 shall be given in compliance with Section 35-181 (Noticing).

2.

Notice of projects that require a Conditional Use Permit shall be provided in a manner consistent with the requirements of Section 35-181 (Noticing) and shall include mailed notice to property owners and residents

within 300 feet of the exterior boundaries of the parcel that the project is located on and to any person who has filed a written request with the Planning and Development Department.

3.

If the project is located in a residential zone district as identified in Section 35-52 or within 1000 feet of residentially zoned property, and the project includes a new freestanding antenna that is visible from the surrounding area, then, in addition to the noticing required above, notice shall be mailed to all property owners and residents within 1000 feet of the exterior boundaries of the facility lease area that the project is located on.

G.

Additional findings. In addition to the findings required to be adopted by the decision-maker in compliance with Sections 35-169 (Coastal Development Permits) and 35-172 (Conditional Use Permits)in order to approve an application to develop a telecommunication facility, the decision-maker shall also make the following findings:

1.

The facility is located so as to minimize its visibility from public view and is designed to blend into the surrounding environment to the greatest extent feasible.

2.

The facility complies with all required development standards unless granted a specific exemption by the decision-maker in compliance with Section 35-144F.G.2.a, below.

a.

An exemption to one or more of the required development standards may be granted if the decision-maker additionally finds that in the specific instance that the granting of the exemption:

1)

Would not increase the visibility of the facility, will not decrease public safety, and will not result in greater impacts to coastal resources, including sensitive habitats, coastal waters, and public access, or

2)

Is required due to technical considerations, or

3)

Would avoid or reduce the potential for environmental impacts and will not increase the visibility of the facility, will not decrease public safety, and will not result in greater impacts to coastal resources including sensitive habitats, coastal waters, and public access.

The applicant has demonstrated that the facility will be operated within the allowed frequency range permitted by the FCC and complies with all other applicable health and safety standards.

Application requirements.

1.

The Director shall establish and maintain a list of information that must accompany every application for the installation of a telecommunication facility. Said information may include, but shall not be limited to:

a.

Completed supplemental project information forms;

b.

Cross-sectional area calculations;

c.

Service area maps;

d.

Network maps;

e.

Alternative site analysis;

f.

Visual analysis and impact demonstrations including mock-ups and/or photo-simulations;

RF exposure studies;

h.

Title reports identifying legal access;

i.

Security programs;

j.

Lists of other nearby telecommunication facilities.

k.

Indemnification form.

The Director may excuse an applicant from having to provide one or more of the required submittals if it is determined that in the specific case the information is not necessary in order to process or make an informed decision on the submitted application.

2.

An application for a Conditional Use Permit and/or Coastal Development Permit to permit the development of a commercial telecommunication facility regulated by this Section shall be filed and processed in compliance with Section 35-169 (Coastal Development Permits).

a.

Expiration of application. If an applicant for a commercial telecommunication facility fails to provide the necessary information requested by the Department within 90 days, the application shall expire and be deemed withdrawn, without any further action by the County in compliance with Section 35-169 (Coastal Development Permits). After the expiration of an application, future County consideration shall require the submittal of a new, complete application and associated fees.

3.

The Director is authorized at his or her discretion to employ on behalf of the County independent technical experts to review technical materials submitted including materials required under this section. Proprietary information disclosed to the County or the hired expert shall remain confidential and shall not be disclosed to a third party.

4.

Commercial telecommunication facilities shall be subject to review by the Board of Architectural Review in compliance with Section 35-184 (Board of Architectural Review) under the following circumstances:

a.

The facility includes the construction of a new structure or the remodel of or addition to an existing structure that is otherwise subject to review by the Board of Architectural Review in compliance with Section 35-184 (Board of Architectural Review).

b.

The Planning Commission or Zoning Administrator is the decision-maker for the facility.

c.

Commercial telecommunication facilities that qualify as a Tier 1 improvement or that qualify as Tier 2 improvements that comply with the design standards in Subsections C.2.a7) through C.2.a.9) are exempt from design review.

(Ord. No. 5235, § 2, 2-4-2025)

Section 35-144G. - Non-commercial Telecommunication Facilities.

(Amended by Ord. 4588, 06/14/2007)

Section 35-144G.1 Purpose and Intent.

The purpose of this Section is to provide a uniform and comprehensive set of standards for the siting and development of non-commercial telecommunication facilities and to establish specific permit regulations and development standards for such facilities. The intent is to promote their orderly development and ensure that they are compatible with surrounding land uses in order to protect the public safety and visual resources.

Section 35-144G.2. Applicability. ¶

The provisions of this section shall apply to all non-commercial telecommunication facilities that transmit or receive electromagnetic signals including but not limited to radio, television, amateur radio stations, data and other non-commercial telecommunication signals. Such facilities shall be subject to all the provisions set forth in Section 35-169 (Coastal Development Permits), Section 35-172 (Conditional Use Permits), and Section 35-174 (Development Plans), as applicable.

Section 35-144G.3. Processing.

No permits for development subject to the provisions of this section shall be approved or issued except in conformance with the following requirements:

1.

The following development requires the approval and issuance of a Coastal Development Permit pursuant to Section 35-169:

a.

Ground or roof-mounted receive-only satellite dish antennas or wireless television antennas over one meter in diameter but not greater than two meters in diameter that are used solely for the non-commercial, private reception of telecommunication signals (e.g., radio, television, data) are allowed in all zone districts.

b.

1)

The height of the antenna including the support structure does not exceed 65 feet, and

The development standards set forth in Section 35-144G.4 are complied with.

Any antenna or antenna support structure installed without the necessary permits prior to June 14, 2007 shall not be considered a zoning violation provided any necessary permit for the antenna support structure and antenna installation are obtained within one year from June 14, 2007.

2.

The following development requires a Development Plan approved by the Director of Planning and Development pursuant to Section 35-174 and the approval and issuance of a Coastal Development Permit pursuant to Section 35-169:

a.

A ground or roof-mounted receive-only satellite dish antenna and wireless television antenna greater than two meters in diameter that is used solely for the non-commercial, private reception of telecommunication signals (e.g., radio, television, data) is allowed in all zone districts.

b.

Amateur radio antennas used in connection with licensed amateur radio stations, including Military Affiliated Radio Stations, operated principally by the occupant of the property where the facility is located are allowed in all zone districts where the height of the antenna and associated support structure exceeds 65 feet provided the development standards set forth in Section 35-144G.4 are complied with. Any antenna and/or antenna support structure installed without the necessary permits prior to June 14, 2007 shall not be considered a zoning violation provided any necessary permit for the antenna support structure and antenna installation are obtained within one year from June 14, 2007.

Section 35-144G.4 Development Standards. ¶

The following standards shall apply to the construction or erection of antennas and antenna support structures associated with amateur radio stations. These noncommercial telecommunication facilities shall comply with the following development standards only to the extent such requirements do not (1) preclude amateur service communications and (2) reasonably accommodate amateur service communications. If an exemption from one or more of the following standards is requested, then the facility requires a major Conditional Use Permit approved by the Planning Commission pursuant to Section 35-172. The purpose and intent of these standards is to allow for maximum flexibility in amateur radio operations while protecting the public interest. It is recognized that there are local, state, national and international interests in services provided by the amateur radio community such that the provision of these services must be protected. However, this must be balanced with local interests regarding public safety and welfare. Antennas and support structures shall comply with the following standards and any other applicable regulations of this Article including but not limited to setbacks.

1.

An antenna and its support structure shall not impede access by fire or other safety personnel to portions of the property on which the antenna and support structure is located. Where such access would be

impeded, a minimum of three feet clearance must be provided between the antenna support structure and any other building, structure or other obstacle.

2.

Antenna support structures that are located on roofs shall be located on the portion of the building that faces away from public viewing areas such as public streets, parks, etc., whenever technically feasible.

3.

Any required building and electrical permits shall be obtained prior to erecting or operating the antenna support structure and associated antenna.

4.

No antenna, regardless of height, shall be located so that it extends over any neighboring property without the express written, notarized consent of the affected property owner. If the affected property changes ownership, then written, notarized consent must be obtained from the new owner within 120 days from the transfer of ownership. If a new agreement cannot be reached within this time period, then the antenna shall be modified so that it does not extend over the property line. If the antenna support structure must be relocated, then a new Coastal Development Permit shall be obtained prior to relocation of the antenna support structure.

5.

The visible support facilities shall be finished in non-reflective materials.

6.

The components of the facility shall be of a color that blends with surrounding environment to the maximum extent feasible.

7.

If the facility is visible from public viewing areas, native vegetation shall be planted to screen the facility.

8.

No facility shall be located so as to silhouette against the sky if substantially visible from a state-designated scenic highway or other public viewing area.

9.

Facilities that are substantially visible from public viewing areas shall be sited below the ridgeline, depressed or located behind earth berms in order to minimize their profile and minimize any intrusion into the skyline. If it is necessary for the facility, or portion of the facility, to extend above an exposed ridgeline, the facility shall be designed to blend with the surrounding existing natural or man-made environment in such a manner so as to not be substantially visible from public viewing areas (e.g., public roads, trails, recreational areas).

Disturbed areas associated with the development of a facility shall not occur within the boundaries or buffer of any environmentally sensitive habitat area. An exemption may be approved only upon showing of sufficient evidence that there is no other feasible location(s) or other alternative facility configuration that would avoid impacts to environmentally sensitive habitat areas and would allow operator to meet the same communication goal. If an exemption is approved with regard to this standard, the County shall require the applicant to fully mitigate the impacts to environmentally sensitive habitat consistent with the provisions of the certified Local Coastal Program.

Section 35-144G.5 Noticing.

1.

Notice of the application and pending decision on a Coastal Development Permit in compliance with Section 35-144G.3.1 shall be given in compliance with Section 35-181 (Noticing).

(Amended by Ord. 4594, 03/05/2008)

2.

Notice of the pending decision of the Director on a Development Plan pursuant to Section 35-144G.3.2 shall be provided pursuant to Section 35-181 except that:

a.

Notice shall be mailed to property owners and residents within 300 feet of the exterior boundaries of the parcel that the project is located on and to any person who has filed a written request with the Planning and Development Department.

b.

The notice shall provide the date that the Director will take action on the Development Plan.

c.

The notice shall provide a statement that the person to whom the notice was mailed may request a public hearing on the proposed development plan by submitting a written request to the Planning and Development Department within 10 calendar days of such notice. If a written request for a hearing submitted to the Planning and Development Department within 10 calendar days of such notice the project shall be processed as a Development Plan under the jurisdiction of the Zoning Administrator.

Section 35-144H. - Wildlife Species Rehabilitation.

1.

Purpose and intent: The purpose of this section is to provide for the rehabilitation of wildlife species commonly occurring within Santa Barbara County and to establish development standards for wildlife species rehabilitation. The intent of this section is to ensure their compatibility with surrounding land uses in

order to minimize potential adverse effects on adjoining property, the neighborhood and persons in the vicinity from the improper management of animals.

2.

Applicability: The rehabilitation of wildlife species, including the construction of structures accessory thereto, may be allowed in all zoning districts subject to the following requirements. This section does not apply to pet stores, animal clinics, animal hospitals and veterinarian offices. All animal keeping activities are subject to the requirements of this section regardless of whether or not a permit is required.

3.

Permit Requirements: No permit is required for the provision of nursing care to sick or injured wildlife prior to returning them to the wild except as follows:

a.

Permits may be required by other provisions of this Article, e.g., for structures used to enclose or house animals, and by other chapters of the Santa Barbara County Code.

4.

Development standards: All wildlife species rehabilitation facilities shall comply with the following development standards.

a.

On any lot having a residential zone classification, no stable, barn or other enclosure for large animals shall be located on a lot having a gross area of less than 20,000 square feet. No portion of a stable, barn or other enclosure for large animals shall be located closer than:

1)

40 feet to any dwelling located on another lot.

2)

70 feet to any street centerline and 20 feet to any right-of-way line.

3)

15 feet from rear property lines.

4)

10 feet from side property lines.

5)

10 feet from the property lines of an interior lot.

b.

Odor and vector control. All animal enclosures, including but not limited to pens, coops, cages and feed areas shall be maintained free from litter, garbage and the accumulation of manure, so as to discourage the proliferation of flies, other disease vectors and offensive odors. Sites shall be maintained in a neat and sanitary manner.

c.

Storage and disposal of animal waste. All animal waste generated by the wildlife species rehabilitation facility shall be removed and stored or disposed of to prevent unsanitary conditions and breeding of flies.

d.

Nonresidential Zones Permitting TwoFamily or Multifamily Uses C-1 (Limited Commercial) C-2 (Retail Commercial) CH (Highway Commercial) C-V (Resort/Visitor Serving Commercial) PI (Professional and Institutional)

2.

Services Plan. The applicant shall submit a written services plan that identifies staffing services and demonstrates that the low barrier navigation center will offer services to connect people to permanent housing.

3.

Coordinated entry system. The low barrier navigation center shall be linked to a coordinated entry system, so that staff in the facility may conduct assessments and provide services to connect people to permanent housing. "Coordinated entry system" means a centralized or coordinated assessment system developed pursuant to Government Code Section 576.400(d) or Section 578.7(a)(8) of Title 24 of the Code of Federal Regulations, as those sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals. If the proposed project will receive funding from the County of Santa Barbara's Community Services Department, the applicant shall submit a memorandum of understanding consistent with the County's coordinated entry system procedures. If the proposed project will not receive funding from the Community Services Department, the applicant shall demonstrate compliance with the coordinated entry system requirements set forth in Government Code Section 65662(b), or successor statute.

4.

Housing First policies. The low barrier navigation center shall comply with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.

5.

Information collection. The low barrier navigation center shall have a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.

6.

Objective design review. The low barrier navigation center shall not require Design Review by the Board of Architectural Review. For purposes of this Subsection 35-144I (Low Barrier Navigation Centers), new buildings, existing buildings, and, as applicable, additions to existing buildings shall comply with the following design review standards:

a.

Fences, walls, and gate posts. The low barrier navigation center shall comply with the fences, walls, and gate posts regulations in Section 35-123 (Fences, Walls, and Gate Posts).

b.

Setbacks. The low barrier navigation center shall comply with the setback requirements of the applicable zone and the setback requirements in Section 35-125 (General Setback Regulations). This standard shall not apply to existing permitted buildings.

c.

Height. The low barrier navigation center shall comply with height limitations of the applicable zone and the height measurement and limitations in Section 35-127 (Height). This standard shall not apply to existing permitted buildings.

d.

Signs and advertising structures. The low barrier navigation center shall comply with the sign and advertising structures standards in Chapter 3-138 (Signs and advertising structures).

e.

Exterior lighting. The low barrier navigation center shall comply with the lighting standards in Section 35139 (Exterior Lighting).

(Ord. No. 5204, § 30, 2-13-2024)

Section 35-144J. - Animal Keeping.

(Added by Ord. 4811, 11/14/2013)

1.

Purpose and Intent. This Section identifies zones that allow the keeping of household pets in addition to those zones where animal keeping is presently included. The intent of this Section is to ensure that the keeping of household pets does not create an adverse impact on adjacent properties (e.g., dust, fumes, insect infestations, odor and noise), by providing standards for the keeping of household pets.

2.

Applicability. This Section applies to the SR-M - Medium Density Student Residential (Section 35-76), SR-H - High Density Student Residential (Section 35-77), C-1 - Limited Commercial (Section 35-77A), C-2 - Retail Commercial (Section 35-78), C-V - Resort/Visitor Serving Commercial (Section 35-81), PI - Professional and Institutional (Section 35-83), REC - Recreation (Section 35-89), MHP - Mobile Home Park (Section 35-91), and M-CR - Coastal Related Industry (Section 35-92).

3.

Standards. Household pets shall be kept in compliance with the following standards:

a.

The keeping of household pets shall be accessory to a residential use of a dwelling located on the lot where the animal keeping occurs.

b.

There shall be no more than three dogs permitted on a single lot.

Such animals are for the domestic use of the residents of the lot only and are not kept for commercial purposes.

d.

The keeping of such animals shall not be 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 Public Health Department.

e.

Enclosures for such animals shall be located no closer than 25 feet to any dwelling located on another lot.

f.

No rooster or peacock shall be kept or raised on the lot.

4.

Accessory structures. Buildings, and structures accessory and customarily incidental to the keeping of household pets may be allowed in compliance with the standards of the applicable zone and this Article.

Section 35-144K. - Accessory Storage of Materials.

(Added by Ord. 4811, 11/14/2013)

A.

Purpose and Intent. This Section provides standards for the keeping and maintaining of exterior storage accessory to the principal structure located on the lot on which the storage occurs or use of the lot on which the storage occurs. The intent of this Section is to ensure that the keeping and maintaining of exterior storage does not create an adverse impact(s) on adjacent properties (e.g., aesthetics, dust, fumes, insect infestations, odor and noise).

B.

Applicability. This Section applies to lots zoned as residential as enumerated in Section 35-52.2 (Residential Districts).

C.

Standards for accessory storage of materials. Storage of materials accessory to the principal structure or use on the lot on which the storage is located is subject to the following standards. A Coastal Development Permit in compliance with Section 35-169 (Coastal Development Permits) is not required to establish accessory storage except when 1) this Section requires a permit for a specific type of storage, or 2) the storage involves new development, construction of a new structure or alteration of an existing structure that is not exempt from a Coastal Development Permit in compliance with Section 35-169 (Coastal Development Permits), or 3) the accessory storage is not exempt from the requirement to obtain a Coastal Development Permit in compliance with Subsection 2.g, below, or Section 35-169 (Coastal Development Permits). However, other permits may be required in compliance with Chapter 17 (Solid Waste Services),

Chapter 19 (Junk Yards and Dumps) and Chapter 23 (Motor Vehicles and Traffic) of the County Code. Nothing in this Section shall be construed as preventing the enforcement or implementation of the provisions of Chapter 17 (Solid Waste Services), Chapter 19 (Junk Yards and Dumps) and Chapter 23 (Motor Vehicles and Traffic) of the County Code.

1.

Building materials and equipment used in a construction project.

a.

The following storage of building materials and equipment used in a construction project is allowed on residentially zoned lots. Storage of building materials and equipment include stockpiles of construction materials, tools, equipment, and building component assembly operations,

1)

Same or adjacent lot. The storage of building materials and equipment used in a construction project on the same lot on which the construction is occurring or on a lot adjacent to the lot on which the construction is occurring provided:

a)

There is a valid building permit or planning permit in effect for the construction project; and

b)

When storage is proposed on a lot adjacent to the lot on which the construction is occurring, the planning permit application for the construction project shall also include the adjacent lot and shall describe the storage proposed to occur on the adjacent lot.

2)

Construction related to an approved Final Development Plan. The storage of building materials and equipment used in a construction project where concurrent development is occurring on several lots at the same time in compliance with an approved Final Development Plan or other planning permit or building permit that allows construction activities to occur on several lots that are proximate to one another.

b.

The storage of building materials and equipment not allowed by Subsection C.1.a, above, or C.2, below, is considered a Contractor Equipment Storage Yard which is not allowed in residential zones.

2.

Outdoor storage of miscellaneous materials. The storage of miscellaneous materials including articles, building materials not associated with the construction of a structure for which there is a valid planning or building permit, equipment, junk, motor vehicle parts, scrap or tools outside of a fully enclosed or fully screened structure is subject to the following requirements.

Area occupied by stored materials.

1)

Stored materials shall be limited to the following maximum area, based upon the lot area of the lot.

Lot Area (gross)	Maximum Allowed Area of Storage
Less than 10,000 sq. ft.	300 sq. ft.
10,000 sq. ft. to less than 1 acre	500 sq. ft.
1 acre or larger	1,000 sq. ft.

2)

No more than 100 square feet of the maximum allowed area of storage shown in the table above may be devoted to the storage of junk, including scrap material, salvage material or used material held for recycling, reuse or resale.

b.

Maximum height of stored materials: Five feet.

c.

Screening required. Except for stacked, cut firewood for on-site domestic use only, the outdoor storage of miscellaneous materials shall be enclosed within a six-foot high solid wood fence or masonry wall. The fence or wall shall be located in close proximity to the materials being stored so as to effectively screen the storage area.

(Amended by Ord. 4884, 09/08/2016)

d.

Location of storage. Storage of miscellaneous materials shall not be located within required front setback or side setback areas.

e.

Modifications to standards allowed with a Minor Conditional Use Permit. The storage of miscellaneous

materials that does not comply with the standards contained in Subsections a. through d. of Subsection C.2, above, may be allowed in compliance with a Minor Conditional Use Permit approved in compliance with Section 35-172 (Conditional Use Permits).

Noncompliance deemed a violation of this Article. As of May 14, 2014, storage of miscellaneous materials that does not comply with the standards contained in Subsections a. through d. of Subsection C.2, above, or is not allowed by a Minor Conditional Use Permit approved in compliance with Section 35-172 (Conditional Use Permits) as allowed by Subsection C.2.e, above, shall be considered a violation of this Article and subject to enforcement and penalties in compliance with Section 35-185 (Enforcement, Legal Procedures, and Penalties).

g.

Storage of materials accessory to the principal structure or use on the lot on which the storage is located does not require a Coastal Development Permit in compliance with Section 35-169 (Coastal Development Permits) if:

1)

The storage of materials and/or screening required pursuant to Section C.2.c, above, will be located in an area that has been designated for storage pursuant to a Coastal Development Permit issued in compliance with Section 35-169 (Coastal Development Permits), or,

2)

The storage of materials and/or screening required pursuant to Section C.2.c, above, will:

a)

Not be located within or adjacent to a wetland, stream, beach, environmentally sensitive habitat area, or on or within 300 ft. of a coastal bluff; and

b)

Not result in any potential adverse effects to public access to the beach or public hiking and equestrian trails (including where there is substantial evidence of prescriptive rights); and

c)

Not result in significant adverse impacts to scenic views from beaches, parklands, public viewing areas and public roadways; and

d)

Not require any grading which involves the movement of more than 50 cubic yards of material and not result in any significant alteration of land forms; and

e)

Meets all other exemption criteria in compliance with Section 35-169.2.1.

Section 35-144L. - Motor Vehicle Assembly, Dismantling, Maintenance, Repair, Restoration, etc.

(Added by Ord. 4811, 11/14/2013)

A.

Purpose and Intent. This Section provides standards for the motor vehicle assembly, dismantling, maintenance, repair, restoration, etc.. The intent of this Section is to ensure that motor vehicle assembly, dismantling, maintenance, repair, restoration, etc. does not create an adverse impact(s) on adjacent properties (e.g., aesthetics, dust, fumes, insect infestations, odor and noise).

B.

Applicability. This Section applies to lots zoned as residential as enumerated in Section 35-52.2 (Residential Districts).

C.

Standards for motor vehicle assembly, dismantling, maintenance, repair, restoration, etc. The assembling, disassembling, modifying, repairing, restoration, servicing, wrecking or otherwise working (hereinafter referred to as "work" within the meaning of this Section) on a motor vehicle is allowed only in compliance with the following standards. This Section shall not apply to occasional minor maintenance such as

changing belts, hoses, oil and spark plugs. Nothing in this Section shall be construed as preventing the enforcement or implementation of the provisions of Chapter 17 (Solid Waste Services) or Chapter 19 (Junk Yards and Dumps) or Chapter 23 (Motor Vehicles and Traffic) of the County Code.

1.

Work is restricted to vehicles that are registered with the California Department of Motor Vehicles to a person residing on the lot on which the work occurs. Residing on a lot does not include transient occupancies where the occupancy is for a period of less than 30 days.

2.

Vehicle dismantling shall not occur outside of a fully enclosed or fully screened structure and such vehicles shall not be kept, parked or stored outside of a fully enclosed or fully screened structure or on parking spaces required in compliance with Section 35-108 (Required Number of Spaces: Residential). A Coastal Development Permit may be required for construction of enclosed or screened structures pursuant to Section 35-169 (Coastal Development Permits).

3.

Any storage of vehicle parts located outside of a fully enclosed or fully screened structure shall be in compliance with Section 35-144K (Accessory Storage of Materials), above, and shall not be located on parking spaces required in compliance with Section 35-108 (Required Number of Spaces: Residential).

4.

Work associated with the preparation for sale of vehicles or vehicle parts for sale is not allowed.

5.

Modifications to standards allowed with a Minor Conditional Use Permit. Work that does not comply with the standards contained in Subsections C.1 through C.4, above, may be allowed in compliance with a Minor Conditional Use Permit approved in compliance with Section 35-172 (Conditional Use Permits).

6.

Noncompliance deemed a violation of this Development Code. As of May 14, 2014, any motor vehicle assembly, dismantling, maintenance, repair, restoration, etc that does not comply with the standards contained in Subsections C.1 through C.4, above, or is not allowed by a Minor Conditional Use Permit approved in compliance with Section 35-108 (Required Number of Spaces: Residential) as allowed by Subsection C.5, above, shall be considered a violation of this Development Code and subject to enforcement and penalties in compliance with Chapter 35-185 (Enforcement, Legal Procedures, and Penalties).

Section 35-144M. - Mobilehome Park Closure.

(Added by Ord. 4829, 04/10/2014)

Section 35-144M.1 Purpose and Intent. ¶

This Section establishes standards for the closure of a mobilehome park and addresses the impact of such closures upon the ability of displaced residents to find adequate housing in another mobilehome park. Mobilehome parks are an important source of affordable housing within Santa Barbara County. The purpose of this Section is to provide relocation assistance to displaced residents and provide mobilehome park owners with protection from unreasonable relocation costs, in compliance with Government Code Sections 65863.7 and 66427.4.

Section 35-144M.2 Applicability.

This Chapter applies to applications for the closure of conforming and nonconforming mobilehome parks. Reasons for closure may include conversion to another land use and/or financial considerations on the part of the park owner.

Section 35.144M.3 Conditional Use Permit Requirements.

1.

A Conditional Use Permit approved in compliance with Section 35-172 (Conditional Use Permits) shall be required in order for a mobilehome park closure to occur.

2.

The Planning Commission shall be the review authority for the application for the Conditional Use Permit.

Section 35-144M.4 Application Contents.

An application for a Conditional Use Permit required in compliance with Section 35-144M.3 (Conditional Use Permit Requirements), above, shall be submitted in compliance with Section 35-172 (Conditional Use

Permits) and shall include all of the following, in addition to all information required in compliance with Section 35-172 (Conditional Use Permits).

1.

Closure Impact Report. A Closure Impact Report shall be prepared and submitted in compliance with the Government Code Sections 65863.7 and 66427.4. The Closure Impact Report shall be prepared by an independent agent acceptable to the County and, at a minimum, shall include the following information:

a.

The number of mobilehomes that will be displaced by the proposed development and the number that will not be affected, and the age, size and condition of all mobilehomes in the park.

b.

The number of available vacant mobilehome spaces in existing mobilehome parks within a 25 mile radius of the mobilehome park for which closure is sought, the space rental rates and evidence of the willingness of those mobilehome park owners to receive some or all of the displaced mobilehomes.

c.

An estimate of the relocation cost considering all of the costs related to moving and installing the displaced mobilehomes on an available receiving site, providing rental subsidies, or purchasing the mobilehome unit as described in Section 35-144M.7 (Conditions of Approval) below.

d.

For displaced residents, the household sizes, whether they own or rent the mobilehome, and the monthly rental rates (space rent and/or unit rental rate).

e.

The names, addresses and phone numbers of the Closure Impact Report consultants, mobilehome appraisers, mobilehome movers, and relocation counselors who the applicant might use. The professional credentials of these specialists shall be described, and all such specialists used during the project shall be acceptable to the County.

f.

A list of comparable alternative housing and/or replacement housing within a 25 mile radius that is currently available to displaced mobilehome park residents. The list shall include mobilehomes and housing units that are available for rent or for sale, both affordable and market-rate units.

Section 35-144M.5 Special Notice Requirements. ¶

The following special notice requirements are in addition to any notice that may be required in compliance with Section 35-181 (Noticing). The applicant shall verify, to the satisfaction of the Director that a good faith effort has been made to ensure that each park resident and mobilehome owner has received or will receive

each of the following notices and documents. No hearing on a proposed mobilehome park closure shall be scheduled until the applicant has provided verification of the notification to the satisfaction of the Director.

1.

Notice of Intent. A "Notice of Intent" by applicant to convert or close the mobilehome park shall be sent by the applicant by certified mail at least 60 days prior to submittal of the Conditional Use Permit application to the County. After the "Notice of Intent" has been issued, the applicant shall inform all new or prospective residents and/or mobilehome owners that the applicant has requested County approval, or intends to request County approval, of a change of use or that a change of use request has been granted, in compliance with Civil Code Section 798.56(g).

2.

Closure Impact Report. A copy of the Closure Impact Report in compliance with Section 35-144M.4 (Application Content) at least 15 days before the scheduled hearing on the application for the Conditional Use Permit, in compliance with Government Code Sections 65863.7 and 66427.5.

3.

Written notice. A written notice, in addition to the public hearing notice required in compliance with Section 35-181 (Noticing), at least 15 days before the scheduled hearing on the application for the Conditional Use Permit, informing residents that the applicant will be appearing before a local government board, commission, or body to request permits for a change of use of the mobilehome park, in compliance with Civil Code Section 798.56(g).

4.

Notice of termination of tenancy. In compliance with Civil Code Section 798(g), the applicant shall provide all residents proposed to be displaced and the owners of all mobilehomes proposed to be displaced a written "notice of termination of tenancy" that provides the affected residents or owners a minimum of six months notice to vacate following the effective date of the Conditional Use Permit. The said notice shall be sent by certified mail to each resident and mobilehome owner within the 10 calendar days following the effective date of the Conditional Use Permit.

Section 35-144M.6 Informational Meeting.

1.

The applicant shall conduct an informational meeting for the residents of the mobilehome park at least 10 calendar days before the initial scheduled hearing on the application for the Conditional Use Permit regarding the proposed mobilehome park closure.

2.

The meeting shall be conducted on the premises of the mobilehome park, or other location acceptable to the County, and a County representative and the Relocation Counselor, as described in Subsection 35144M.7.2.a, shall be present.

3.

The meeting shall address the proposed mobilehome park closure, the closure application process, the contents of the Closure Impact Report, and proposed relocation assistance for displaced mobilehome owners and residents.

4.

All mobilehome park residents shall receive a written notice at least 10 days prior to the meeting. The notice shall specify the time, date, and location of the informational meeting and summarize the subject matter of the meeting which at a minimum shall address the requirements listed in Subsection C, above.

Section 35-144M.7 Conditions of Approval. ¶

Approval of a Conditional Use Permit shall include reasonable conditions of approval in compliance with Government Code Section 65863.7, which shall not exceed the reasonable costs of relocation for displaced mobilehome park residents, and shall include, but not be limited to, the following measures:

1.

Relocation or sale. In compliance with Government Code Sections 65863.7 and 66427.4, the County shall apply measures to cover, but not exceed, the reasonable costs of relocation for displaced mobilehome park residents. Mobilehome owners who are not permanent residents are not eligible for relocation benefits. The Conditional Use Permit shall identify the options assigned to each displaced mobilehome occupant in a Relocation Plan, as follows:

a.

Relocation assistance for mobilehome owners whose homes can be relocated. The applicant shall comply with all of the following requirements as applicable for each mobilehome owner who is also a permanent resident.

1)

The applicant shall pay all costs related to moving the mobilehome, fixtures, and accessories to a comparable mobilehome park within 25 miles of the existing location. If no spaces within 25 miles are available, the mobilehome may also be moved to a mobilehome owner-approved receiving site as requested by the mobilehome owner at a cost to the applicant that does not exceed the costs of moving the mobilehome to a site within 25 miles. Fixtures and accessories include: decks, porches, stairs, access ramps, skirting, awnings, carports, garages and storage sheds. Relocation shall include all disassembly and moving costs, mobilehome set-up costs, utility hook-up fees, moving of mobilehome owner's possessions, any move-in deposit, any permitting fees (e.g., mobilehome permit, land use permit, coastal development permit) and the reasonable housing expenses of displaced mobilehome residents for a period not exceeding 30 days (from the date of actual displacement until the date of occupancy at the new site) except where the County determines that extenuating circumstances prolong the moving period. The comparable mobilehome park, or mobilehome owner-approved receiving site, and the relocated mobilehome shall conform to all applicable federal, State, and County regulations. The mobilehome park or receiving site shall be available and willing to receive the mobilehome. The mobilehome park shall be a

facility that is licensed and inspected by the California Department of Housing and Community Development.

2)

The applicant shall provide displaced mobilehome owners, which qualify as permanent residents, with payment of a lump sum equal to the difference of rent between the old and new mobilehome park spaces for a period of 12 months, if the new rent exceeds the old rent.

b.

Relocation assistance for mobilehomes owners whose homes cannot not be relocated. In cases in which it is not feasible to relocate the mobilehome to a comparable mobilehome park, including cases in which the condition of the mobilehome is such that it cannot be safely relocated, cases in which the mobilehome does not meet minimum requirements to be accepted into another mobilehome park, or cases in which there are no available spaces at a mobilehome park within 25 miles, the applicant shall provide the following relocation assistance to each mobilehome owner who is also a permanent resident.

1)

The applicant shall be required to buy the mobilehome and pay the "in-place" sale value, which shall be the appraised fair market value as determined by a certified real estate appraiser who is acceptable to the County, utilizing principles applicable in mobilehome relocation matters. The appraised value shall be determined after consideration of relevant factors, including the value of the mobilehome in its current location, assuming continuation of the mobilehome park in a safe, sanitary, and well maintained condition; and

2)

Each displaced mobilehome household will receive a lump sum difference between current space rent and rent for a housing unit of a size appropriate, according to California Health and Safety Code Section 50052.5(h), to accommodate the displaced household and that meets Department of Housing and Urban Development (HUD) Housing Quality Standards for a period of 12 months. For purposes of calculating a relocation payment, the rent differential shall not exceed the difference between the current space rent and the Fair Market Rent of a unit of a size appropriate to accommodate the displaced household as published annually by HUD. If the mobilehome owner sells their unit to a third party the mobilehome owner shall receive the proceeds from said sale and is also eligible for the aforementioned rent subsidy.

c.

Relocation assistance for non-mobilehome residents. For permanent residents whose residential units do not meet the definition of a mobilehome, the applicant shall pay all costs related to moving the unit, fixtures, and accessories to a resident-approved receiving site within 25 miles of the existing location, as requested by the resident. The applicant shall provide payment of a lump sum equal to the difference of rent between the old and new mobilehome park spaces for a period of 12 months, if the new rent exceeds the old rent. The applicant shall also pay the reasonable living expenses of displaced residents for a period not exceeding 30 days (from the date of actual displacement until the date of occupancy at the new site) except in cases in which the County determines that extenuating circumstances prolong the moving period.

If the unit cannot be relocated, the applicant shall pay a sum equal to three months of the fair market rent for the area as determined by the HUD pursuant to Section 1437f(c)(1) of Title 42 of the United States Code or seven thousand dollars, whichever is greater, to each such displaced household.

d.

Relocation assistance for mobilehome renters. The applicant shall pay a sum equal to three months of the fair market rent for the area as determined by the HUD pursuant to Section 1437f(c)(1) of Title 42 of the United States Code or seven thousand dollars, whichever is greater, to each displaced renter household.

e.

Nothing contained herein precludes any mobilehome owner who is also a permanent resident of the park from selling his or her mobilehome to the applicant for an agreed upon price to be no less than the amount of relocation assistance described in Subsection 35-144M.7.1.a in exchange for waiver of payment of those benefits described in Subsection 35-144M.7.1. Nothing contained herein shall require any mobilehome owner to agree to sell his or her mobilehome to the applicant or to waive receipt of relocation benefits.

f.

Nothing contained herein precludes the applicant and displaced mobilehome park residents who are also permanent residents of the park from agreeing on other mutually satisfactory relocation assistance in lieu of the assistance required in Section 35-144M.7.1.a of this ordinance.

2.

Relocation plan. The Relocation Plan required in compliance with Subsection A, above, shall describe the relocation assistance to be provided for all permanent mobilehome park residents who will be displaced, whether they rent or own the occupied mobilehome unit. The plan shall describe the cost of relocation for each displaced mobilehome and/or household, identify the location of the new mobilehome space or replacement housing unit, the amount of financial assistance to be provided, and shall describe the time frame and steps that will be taken to complete the relocation. All real estate and financial transactions and all relocation activities shall be completed prior to termination of mobilehome park tenancy for each displaced household.

The plan shall identify all displaced mobilehomes to be sold to the applicant or a third party, or to be relocated for the mobilehome owner(s). The plan shall provide the purchase value of all mobilehomes to be sold including fixtures and accessories. The plan shall describe all relocation costs for displaced mobilehome park residents. Any disagreement between a mobilehome park resident and the applicant regarding relocation assistance or sales value shall be referred for non-binding arbitration to a professional arbitrator acceptable to the County and paid for by the applicant. Such disagreements must be submitted in writing to the applicant by the mobilehome park resident within 45 days after the mobilehome park resident has obtained a written notice describing what he/she will receive.

a.

Relocation Counselor. Applicant shall offer to provide for all displaced mobilehome owners and residents the services of a Relocation Counselor, acceptable to the County, to provide information about the available

housing resources and to assist with the selection of suitable relocation alternatives. Acceptable relocation alternatives include vacant mobilehome units and spaces, rental and ownership housing units, affordable and market-rate units. The Relocation Counselor shall be familiar with the region's housing market and qualified to assist residents to evaluate, select, and secure placement in the replacement housing, to arrange the moving of all of the household's personal property and belongings to the replacement housing, to render financial advice on qualifying for various housing types, to explain the range of housing alternatives available, and to gather and present adequate information as to available housing. The Relocation Counselor shall assist in the preparation and implementation of the Relocation Plan.

No later than 30 calendar days following the effective date of the Conditional Use Permit for the mobilehome park closure, the Relocation Counselor(s) shall make personal contact with each displaced resident of the mobilehome park and commence to determine the applicable relocation costs and assistance to be provided. The Relocation Counselor shall give to each person eligible to receive relocation assistance a written notice of his or her options for relocation assistance as determined by the Conditional Use Permit. The Relocation Counselor shall provide proof of contact and written notice with the mobilehome park residents by filing an affidavit attesting that fact with the Department.

Section 35-144M.8 Vacancy of a Mobilehome Park of 25 Percent or More.

1.

Whenever 25 percent or more of the total number of mobilehome sites within a mobilehome park that are occupied as of April 10, 2014 are uninhabited for more than 90 consecutive days, and such condition was not caused by a natural or physical disaster beyond the control of the mobilehome park owner, then such condition shall be deemed a "mobilehome park closure" for the purposes of this ordinance. The mobilehome park owner shall file an application for the mobilehome park closure, in compliance with the requirements of this Section. A mobilehome site is considered to be "uninhabited" when no rent is being paid for use of the site and for a period of 90 days or more it is either (i) unoccupied by a mobilehome, or (ii) occupied by a mobilehome in which no person resides.

2.

Whenever a mobilehome park resident or other interested person has reason to believe that 25 percent or more of the total number of mobilehome sites within a mobilehome park are uninhabited, as described in Subsection 1, above, such resident or person may file a written statement to that effect with the Director. Upon receipt of such statement, the Director shall cause an investigation and inspection to be conducted to verify the accuracy of such statement. Upon completion of the investigation and inspection, the Director shall make a determination as to whether an unauthorized mobilehome park closure is underway.

3.

If the Director determines that an unauthorized mobilehome park closure is underway, he or she shall send a written notice by certified mail to the mobilehome park owner which describes the Director's determination and establishes a reasonable period of time by which the mobilehome park owner shall submit an application in compliance with this Section for the closure of a mobilehome park.

Once the Director has determined whether an unauthorized mobilehome park closure is underway, a written notice that describes such determination shall be sent by the County to the mobilehome park owner, mobilehome park manager, the person(s) who filed the written statement in compliance with Subsection 2, above, and to all the residents in the mobilehome park.

5.

The determination of the Director, in compliance with Subsection 2, above, may be appealed by the person who filed the statement, by the mobilehome park owner, the mobilehome park manager, or by any other interested person within the 10 calendar days following the date of the notice of determination. All such appeals shall be submitted and processed in compliance with Section 35-182 (Appeals).

Section 35-144M.9 Request for Exemption from Relocation Assistance Requirements.

1.

Any person who files an application for a Conditional Use Permit for the closure of a mobilehome park may, simultaneous with and as part of the filing of such application, request an exemption from some or all of the relocation assistance requirements described above in Section 35-144M.7 (Conditions of Approval). The request for the exemption, as described in Subsection 35-144M.9.2, shall be processed in conjunction with the application for the Conditional Use Permit, and shall be distributed to each resident household and mobilehome owner at the time of application submittal.

a.

The applicant may request an exemption for one of the following reasons:

1)

That the requirement(s) for relocation assistance would eliminate substantially all reasonable economic use of the property.

2)

That a court of competent jurisdiction has determined in connection with a proceeding in bankruptcy that mobilehome park closure or cessation of use of the property as a mobilehome park is necessary, and that such court has taken further action that would prohibit or preclude the payment of relocation assistance benefits, in whole or in part.

3)

That the relocation assistance required under Section 35-144M.7 exceeds the reasonable costs of relocation for displaced mobilehome park residents, as proscribed by Government Code Section 65863.7(e).

2.

Any request for exemption submitted in compliance with Subsection 35-144M.9.1.a shall contain, at a minimum, the following information:

a.

Statements of profit and loss from the operations of the mobilehome park for the five-year period immediately preceding the date of the application of exemption, certified by a certified public accountant. All such statements shall be maintained in confidence to the extent permitted by the California Public Records Act.

b.

Report required.

1)

If the applicant contends that continued use of the property as a mobilehome park necessitates repairs and/or improvements that are not the result of the park owner or applicant's negligence or failure to properly maintain the said property, and that the costs thereof makes continuation of the mobilehome park economically infeasible, then a report shall be made and submitted, under penalty of perjury, by a civil engineer or general contractor licensed as such in compliance with the laws of the State of California.

a)

The report shall verify that such civil engineer or contractor has thoroughly inspected the entire mobilehome park and has determined that certain repairs and improvements must be made to the mobilehome park to maintain the mobilehome park in decent, safe and sanitary condition, and that those certain repairs are not the result of the mobilehome park owner or applicant's negligent failure to properly maintain the said property.

b)

The report shall describe the minimum period of time in which such improvements or repairs can be accomplished along with the estimated cost for the improvements and repairs. The anticipated costs or damages, if any, which may result if maintenance is deferred shall be identified separately. The report shall also describe any additional repairs or improvements that will be necessary for continuous upkeep and maintenance of the property.

c)

The report shall be referred to the California Department of Housing and Community Development for review and comment.

2)

If the Director requires an analysis of the information submitted by the civil engineer or general contractor, the Director may procure the services of another licensed civil engineer or general contractor to provide such written analysis, and all such costs shall be paid entirely by the applicant.

c.

An estimate of the total cost of relocation assistance which would be required in compliance with Section 35-144M.7 (Conditions of Approval). This estimate shall be based on surveys, appraisals and reports, prepared to the County's satisfaction, that document the number of residents of the park who are able to relocate their mobilehomes and those who would sell their mobilehomes, and the costs related to providing the relocation assistance measures delineated in Section 35-144M.7 (Conditions of Approval).

d.

If the proposed closure is due to conversion of the land to another use, an estimate of the value of the mobilehome park, if the park were permitted to be developed for the change of use proposed in the application for closure of the park, and an estimate of the value of said park, if use of the property as a mobilehome park is continued, are required. These estimates shall be prepared by a certified real estate appraiser who is acceptable to the County.

e.

Any other information which the applicant believes to be pertinent, or that may be required by the Director.

f.

Any request for exemption filed pursuant to Section 35-144M.9.1.a.1) shall be accompanied by adequate documentation regarding the title, case number, and court in which the bankruptcy proceeding was held, and copies of all pertinent judgments, orders, and decrees of the said court.

3.

When making its determination as to whether to waive or modify a portion or all of any type of benefit that would otherwise be applicable, the Commission may take into account the financial history of the mobilehome park, its condition and the condition of amenities and improvements thereon, the cost of any necessary repairs, improvements or rehabilitation of said park, the estimated costs of relocation, the fair market value of the property for any proposed alternative use, the fair market value of the property for continued use as a mobilehome park, and any other pertinent evidence requested or presented. The Commission shall expressly indicate in its decision any waiver and the extent thereof.

4.

Where a court of competent jurisdiction has determined in connection with a proceeding in bankruptcy that the closure or cessation of the use of said property as a mobilehome park is necessary, and such court has taken action which would prohibit or preclude payment of relocation benefits, whether in whole or in part, the Commission shall have the authority to waive all or a portion of any type of benefit to the extent necessary to comply with the judgment, order, or decree of the court.

5.

The action of the Commission to approve, conditionally approve, or deny the request for exemption is final, subject to appeal in compliance with Section 35-182 (Appeals).

Section 35-144M.10 Additional Findings Required for Closure of a Mobilehome Park.

A Conditional Use Permit for a mobilehome park closure may be approved or conditionally approved only if the Commission first finds, in addition to the findings required in compliance with Section 35-172

(Conditional Use Permits), that adequate measures to address adverse impacts on the ability of displaced residents to find adequate housing in a mobilehome park, as described in Section 35-144M.7 of the County's Coastal Zoning Ordinance, have to the maximum extent feasible, but not exceeding the reasonable costs of relocation, been taken without substantially eliminating reasonable economic use of the property.

Section 35-144N. - Road Naming and Address Numbering.

(Added by Ord. 4888, 10/10/2014)

Section 35-144N.1 Purpose and Intent. ¶

This Section provides procedures for naming and renaming of existing or proposed roads and a road naming and address numbering plan for the County. These regulations are intended to protect and promote the public health, safety, and welfare of those who live and work within the County by improving response times for emergency vehicles, expediting business and postal delivery services, and assisting in the timely location of specific businesses and dwellings.

Section 35-144N.2 Applicability. ¶

A.

Affected areas, roads, structures. The address numbering system will be implemented through the adoption of specific area wide systems by resolution of the Board of Supervisors after recommendation by the Planning Commission. The address numbering area wide systems are applicable to:

1.

All roads and structures located within the boundaries of adopted area wide address numbering systems; and

2.

All roads shown on subdivision maps approved for recording regardless of their location within or outside the boundaries of adopted area wide address numbering system.

B.

Existing road standards. The adoption and implementation of this Section shall not affect or supersede the County Department of Public Works Engineering Design Standards and other adopted standards relative to road construction, and shall not limit the authority of the Director of the Public Works Department relative to activities within public road rights-of-way.

Section 35-144N.3 Area Wide Address Numbering System.

A.

Boundaries. The boundaries of each area wide system shall be established by Board resolution after a recommendation by the Planning Commission. The adopted boundaries shall be identified on the Countywide Official Address Numbering Plan Base Map prepared by the County of Santa Barbara Fire Department, hereinafter referred to as the Fire Department.

Maps.

1.

The Countywide Official Address Numbering Plan Base Map shall delineate the boundaries of the area wide address numbering systems.

2.

Each adopted area wide address numbering system shall include a set of maps that identify base lines, grid index lines, and the address numbers assigned to particular structures and the address ranges assigned to particular areas.

3.

Each map adopted in compliance with this Section is available for public review in the Fire Department.

Section 35-144N.4 Road Name and Status Index.

The Fire Department shall maintain a Road Name Index that shall identify the existing names of all roads, and also indicate whether each road is public or private.

Section 35-144N.5 Procedure, Standards and Signs.

A.

Road names required. A road name shall be required for all public and private roads and for any other roads when deemed necessary by the Department; except that a private road located entirely within a contiguous ownership of more than 200 acres shall be exempt from this requirement, unless the property owner files a written request for road naming with the Department.

B.

Naming or renaming an existing road.

1.

Initiation. The naming or renaming of a public or private road may be initiated by the owner of abutting property, the Board, Commission, Department, or other public agency or County department.

2.

Contents of application. An application for naming or renaming of an existing road shall be submitted in compliance with Section 35-57A (Application Preparation and Filing) and the initiating property owner or

agency shall file a Road Name Petition with the application.

a.

When a naming or renaming is initiated by a property owner, the Road Name Petition shall be completed with the signatures of the property owners or tenants representing at least two-thirds of the dwellings or businesses located along the road segment to be named or renamed.

b.

When a naming or renaming is initiated by a public agency and the affected road segment is a continuation of a previously named road, the Road Name Petition shall be completed with the signature of a representative from the initiating agency.

c.

When a naming or renaming is initiated by a public agency and the affected road segment is not a continuation of a previously named road, the Road Name Petition shall be completed with signatures of the property owners or tenants representing two-thirds of the dwellings or businesses located along the unnamed portion of the road, or shall include other verification of support deemed appropriate by the Zoning Administrator.

3.

Public hearing.

a.

Public hearing. The Zoning Administrator shall hold at least one noticed public hearing on the request, unless waived in compliance with Subsection B.3.c (Waiver of public hearing), below, and approve, conditionally approve or deny the request.

b.

Notice. Notice of the time and place of the hearing shall be given and the hearing shall be conducted in compliance with Section 35-181 (Noticing). Additionally, notice shall be provided in compliance with the following:

1)

Posted notice. At least 10 days before the public hearing, notice of the hearing shall be posted by the Department in a minimum of three public places along the affected road.

2)

"East," "North," "South," and "West," indicating direction for a numbering base line; and

b.

"Lane," "Place," "Road," "Street," "Way," indicating the road classification in English.

Road name signs.

1.

Objectives. Road name signs should be clearly visible to passing motorists. The letters and numbers used should contrast with the background color and should be large enough to be legible from a vehicle on the roadway.

2.

Signs for private roads. Abutting property owners shall install and maintain permanent road name signs for private roads, as follows.

a.

Each road name sign shall be installed in compliance with County requirements.

Each road name sign for a private road shall comply with Subsection F.3 (Signs for public roads) below, with the exception that the background color shall be dark blue or other color approved by the County.

c.

The property owners responsible for private road maintenance are responsible for providing and maintaining road name signs.

d.

Before the acceptance of a private road into the County Maintained Road System, the affected property owners shall replace existing road name signs and install all required road name signs in compliance with County requirements and Subsection F.3 (Signs for public roads) below.

3.

Signs for public roads.

a.

Agencies responsible for road maintenance are responsible for providing road name signs for all roads within their jurisdictions. Road name signs for public roads shall comply with the County requirements for street name signs as approved by the Director of the Public Works Department. The Public Works Department is responsible for providing road name signs for all County roads in compliance with these standards.

b.

The Board may allow an owners' association to design, specify, install, replace, and remove road name signs of a standard not in compliance with this Subsection. Sign maintenance shall be the responsibility of the association.

4.

Signs for existing roads affected by subdivision. The property owner shall install road name signs at unsigned intersections to provide identification for the subdivision, as determined by the subdivision review process:

a.

Road name signs shall be required for each road created by the subdivision.

b.

Road name signs may be required for existing roads providing access to the subdivision.

c.

Road name signs shall comply with the requirements of the County Standard Street Name Signs as approved by the Director of the Public Works Department.

Section 35-144N.6 Address Numbers - Procedures, Standards and Display.

A.

Procedure for assigning address numbers.

1.

Assignment of numbers. The Fire Department shall determine and assign all address numbers and shall issue the numbers to property owners and occupants. A record of all assigned numbers shall be maintained by the Fire Department and shall be available for public review during regular business hours.

2.

Notification of change. If an address number is changed, the owner and tenant in charge of a dwelling or business to which a number has been assigned will be notified in writing by the Fire Department at least 10 days before the effective date of the change.

B.

Standards for address numbers. Address numbers shall be determined in compliance with the incremental distance between system grid lines and the following Subsection standards when applicable.

1.

Developed lots. Developed lots shall be assigned street addresses as follows. See Subsection B.2 (Vacant lots), below, regarding vacant lots.

a.

Lot greater than one acre. A lot greater than one acre (gross) shall be assigned an address where the driveway intersects the lot frontage.

b.

Lot of one acre or less. A lot that is one acre or less in area (gross) shall be assigned an address at the center point of the lot frontage.

c.

Corner lot. A corner lot shall be assigned an address on the road upon which the principal building entrance faces; except that when the principal entrance is not visible from that road or is inaccessible for fire access from that road, the lot shall be addressed from the road intersected by the driveway.

d.

Unnamed road serving less than five dwellings or lots. For unnamed roads serving less than five dwellings or lots, the address number shall be assigned corresponding to the numbering on the road where the unnamed road originated.

Multiple units. Separate internal units within residential and business complexes may be identified by a suffix (e.g., apartment, space, suite, unit) as determined by the Fire Department in consultation with the property owner, emergency service agencies, and the United States Postal Service.

2.

Vacant lots. A vacant lot may be assigned an address number at the center point of the lot frontage. This pre-assigned address may be changed at the time a Building Permit is issued in order to comply with Subsections B.1.a through B.1.c above.

3.

Accessory structures. Except as provided below, an accessory structure shall not be issued a street address number unless the property owner can demonstrate to the satisfaction of the Fire Department that special circumstances justify a separate number.

a.

A street address number shall be issued for an accessory dwelling unit if required by the Fire Department.

C.

Display of address numbers.

1.

New construction. The property owner shall display the assigned address number before requesting a final Building Permit inspection. The address number shall be displayed in compliance with Subsections C.4 through C.6 below.

2.

Existing structure. Within 30 days after receiving written notification of an address change, the owner or tenant shall display the new number in compliance with Subsections C.4 through C.6 below, and shall remove any obsolete number.

3.

Ranching or agricultural operation over 200 acres. The owner or tenant of a new or existing structure shall display the address number in compliance with Subsections C.4 through C.6 below.

4.

Size and color of numbers. Each address number shall be a minimum height of three inches, reflective, and a color contrasting with the background color, or other height and color as approved by the Fire Department or applicable fire protection district.

5.

Number location objectives. Address numbers shall be placed at front doors, on mailboxes, on private lamp posts, near garage doors, at driveway entrances, or other place of similar proximity so that the number is visible from the public right-of-way. See Figure 1 (Display of Address Numbers) illustrating the correct manner of display.

6.

Number location for obscured structures. Where a dwelling or business is not clearly visible from the road, address numbers shall be posted on a marker other than a mailbox. The address number shall be elevated at least three feet from the ground for clear visibility and easy directional identification, see Figure 2 (Display of Address Numbers) below. This Subsection also apples to the names of roads with private driveways or forks. The address numbers of the homes on a private driveway shall be posted on the named road and shall include a directional arrow to indicate location of the dwelling or business.

7.

Mailboxes. When the mailbox of a dwelling or business is located on the same road as the dwelling or business, only the number need be posted on the box. When the mailbox and the structure it serves are located on separate roads, both the road name and address number are required to be placed on the mailbox, see Figure 3 Address Numbers on Mailboxes) below.

==> picture [180 x 540] intentionally omitted <==

Figure 7-3 - Address Numbers on Mailboxes

Section 35-144N.7 Administration. ¶

All road names and address numbers shall be issued by the Fire Department in compliance with this Chapter. Road name signs along County-maintained roads shall be installed by the County Public Works Department or at its direction, in compliance with Section 35-144N.5 (Procedure, Standards and Signs) above.

Section 35-144N.8 Enforcement.

A.

Enforcement responsibility. The Fire Department shall enforce this Section and all of its provisions.

B.

Citation and penalties. A person who fails to comply with the requirements of this Section shall be issued a citation as provided in County Code Section 1-8 (Citation to Appear in Court). Penalties for a violation of this Section are established by County Code Section 1-7 (General Penalty).

Section 35-144O. - Agricultural Buffers.

(Added by Ord. 4853, 03/11/2015)

A.

Purpose and Intent. The purpose of agricultural buffers is to implement adopted Coastal Land Use Plan policies that assure and enhance the continuation of agriculture as a major viable production industry in Santa Barbara County through establishing development standards that provide for the creation of buffers between agricultural uses and new non-agricultural development and uses. The intent of agricultural buffers is to minimize potential conflicts between agricultural and adjacent land uses that result from noise, dust, light, and odor incidental to normal agricultural operations as well as potential conflicts originating from residential and other non-agricultural uses (e.g., domestic pets, insect pests and invasive weeds).

B.

Applicability. This Section applies to all discretionary applications for non-agricultural development and uses (project) which satisfy all of the following criteria:

1.

The project site is located within an Urban or Rural Neighborhood Area, as designated on the Coastal Land Use Plan maps; or located on property zoned industrial that is located in the Rural Area as designated on the Coastal Land Use Plan maps.

2.

The project site is located immediately adjacent to land that is:

a.

Located in a Rural Area as designated on the Coastal Land Use Plan maps, and

(1)

Excluding state or federally owned land, has an agricultural zone designation as identified in Section 35-52 (Zoning District Designations and Applicability); or if the project site is located outside of the Coastal Zone, as identified in:

(a)

Section 35.014.020 (Zoning Map and Zones) of Section 35-1, the County Land Use and Development, of Chapter 35, Zoning, of the Santa Barbara County Code; or

(b)

Article V of Ordinance No. 661.

(2)

Or is subject to a contract executed in accordance with the County Uniform Rules for Agricultural Preserves and Farmland Security Zones.

C.

Exceptions. This Section does not apply to the following:

1.

Single-family dwelling, accessory dwelling units, junior accessory dwelling units, and residential accessory structures.

2.

Farmworker housing allowed in compliance with Section 35-144P (Farmworker Housing) and Section 35144R (Agricultural Employee Dwellings).

3.

Non-agricultural, discretionary development approved prior to March 11, 2015.

4.

Changes to a non-agricultural, discretionary project approved prior to March 11, 2015, provided that prior to an action by the decision-maker to approve an application in compliance with Subsections 35-172.11.1, 35-172.11.2, 35-174.10.1 and 35-174.10.2, the decision-maker shall first determine that the changes to the project proposed by the application do not result in any new or greater impacts to agriculture than those resulting from the already approved project.

a.

If the decision-maker cannot make the determination required in compliance with Subsection C.4, above, then the project shall be subject to the provisions of this Section.

5.

Non-commercial agricultural uses. An agricultural buffer is not required adjacent to a common lot line between the project site and an adjacent agriculturally zoned lot if the adjacent lot is used for noncommercial agriculture.

6.

State and County roadway projects.

7.

Lot line adjustments and modifications to lot line adjustments that

a.

Do not exceed a 10 percent increase or decrease in the area of the smallest existing lot; and

b.

Do not result in an increase in the number of developable lots in compliance with Subsection 35133.A.3.a(3).

D.

Agricultural buffer requirements. All applications subject to this Section shall designate and maintain an agricultural buffer on the project site in compliance with this Section.

1.

Agricultural buffer width. The width of the agricultural buffer shall be in compliance with the range of agricultural buffer widths as shown in the following table (Range of Agricultural Buffer Widths). Ranges are provided because unique circumstances may require the buffer width to be adjusted; however, the

agricultural buffer width as adjusted shall neither be less than the minimum buffer width nor greater than the maximum buffer width shown in the following table (Range of Agricultural Buffer Widths). If the proposed project is located adjacent to a lot that contains both Production Agriculture and Rangeland or Pastureland, then the most protective buffer:

a.

Shall be applied adjacent to any portion of the common lot line between the project site and the adjacent agriculturally zoned lot where Production Agriculture is immediately adjacent; and

b.

May be applied to any portion of the common lot line between the project site and the adjacent agriculturally zoned lot where Production Agriculture is not immediately adjacent, if Production Agriculture is located on the adjacent lot within the distance, as measured from the common lot line, that is equal to the width of the required buffer that would otherwise be applicable to the project site.

Refer to Section II.C. (Agricultural Buffer Width Adjustment) of the Agricultural Buffer Implementation Guidelines (Appendix H) for guidance.

Range of Agricultural Buffer Widths

Project Land Use or Zoning	Project Location	Minimum Bufer Width (feet)	Maximum Bufer Width (feet)

Commercial or Industrial	Adjacent to production agriculture	100	300
	Adjacent to rangeland or pastureland	100	150
Residential, not located on a Small Lot located within an Urban Area	Adjacent to production agriculture	200	300
	Adjacent to rangeland or pastureland	100	150
Residential, located on a Small Lot located within an Urban Area	Adjacent to production agriculture	100	200
	Adjacent to rangeland or pastureland	100	150
Sensitive Non-agricultural Uses	Adjacent to production agriculture	300	400
	Adjacent to rangeland or pastureland	100	150

2.

Agricultural buffer location. The agricultural buffer shall be located:

a.

On the lot on which the non-agricultural project is proposed.

b.

Adjacent to the common lot line between the project site and the adjacent agriculturally zoned lot.

3.

Agricultural buffer width measurement. The agricultural buffer width shall be measured from the common lot line between the project site and the adjacent agriculturally zoned lot. The agricultural buffer shall be coterminous with the length of said common lot line.

4.

Agricultural buffer width adjustment. The following factors shall be considered when determining the agricultural buffer width in compliance with Subsection D.1 (Agricultural buffer width), above. See the Agricultural Buffer Implementation Guidelines (Appendix H) for guidance in determining the appropriate agricultural buffer width.

a.

Site-specific factors. The following factors shall be considered when determining the agricultural buffer width:

(1)

Crop type/agricultural practices.

(2)

Elevation differences and topography.

(3)

Extent and location of existing non-agricultural development.

(4)

Location of existing roads or naturally occurring barriers.

(5)

Historical land use on the agricultural lot.

(6)

Future farming potential of the agricultural lot.

(7)

Site design of the non-agricultural proposal.

(8)

Non-agricultural lot size/configuration.

(9)

Prevailing wind direction.

b.

Vegetative screening adjacent to production agriculture. Vegetative screening may be used to offset an increase in the buffer width for projects adjacent to Production Agriculture, as it may be adjusted in compliance with Subsection D.4.a (Site-specific factors). See Subsection F.3 for vegetative screening criteria and the Agricultural Buffer Implementation Guidelines (Appendix H) for guidance.

c.

Constrained agricultural areas. If the adjacent lot is used for production agriculture and contains land areas that are constrained by physical features or easements such that those land areas cannot be used for agriculture, then the agricultural buffer width may be reduced on the project site by an amount equal to the width of the constrained land area located on the adjacent agricultural lot, provided:

(1)

The physical feature is permanently part of the landscape (e.g., a protected riparian area, or rock outcropping); and

(2)

The physical feature or easement must preclude any kind of agricultural use and be located adjacent to the non-agricultural project site.

5.

Coastal Land Use Plan consistency. Where Coastal Land Use Plan policies and this Section both address agricultural buffer requirements, the most protective agricultural buffer requirement shall prevail.

6.

Reasonable use. This Section is not intended, and shall not be construed as authorizing the decision-maker acting in compliance with this Section to exercise their power to grant or deny a permit in a manner which will take or damage private property for public use, without the payment of just compensation therefore. This section is not intended to increase or decrease the rights of any owner of property under the Constitution of the State of California or the United States or under this Article.

7.

Buffer recordation.

a.

Notice to Property Owner required. Prior to the approval of a Coastal Development Permit in compliance with Section 35-169 (Coastal Development Permits) or a Land Use Permit in compliance with Section 35178 (Land Use Permits) following the approval of a discretionary planning permit, a Notice to Property Owner shall be required to be recorded by the property owner that will provide notification to all future owners and successors of the restrictions of this Section. Said Notice shall include:

(1)

An exhibit showing the location of the agricultural buffer by metes and bounds description or surveyor's description.

(2)

The uses that are allowed within the agricultural buffer in compliance with Section 35-144O.E (Allowable uses within agricultural buffers).

(3)

The Landscape, Lighting and Irrigation Plan in compliance with Section 35-144O.F (Agricultural buffer Landscape, Lighting and Irrigation Plan requirements).

(4)

The Maintenance Plan in compliance with Section 35-144O.G (Agricultural buffer maintenance requirements).

b.

The requirement to record said Notice in compliance with this Subsection D.7 shall be included as a condition of approval of an application for a discretionary planning permit subject to this Section.

E.

Allowable uses within agricultural buffers. The property owner shall use his best efforts to consult with the adjacent agricultural land owner(s) to address food safety and agricultural production concerns with regard to landscape, lighting, and vegetative screening design and siting. See the Agricultural Buffer Implementation Guidelines (Appendix H) for information on the purpose and intent of restricting uses within agricultural buffers and how to incorporate site design and other features that are compatible with agriculture. The agricultural buffer may include natural waterways including rivers, creeks, lakes, ponds, and flood plains.

1.

Unrestricted uses within agricultural buffers. Subject to other provisions of this Section, or other provisions of the County Code, the following uses may be allowed within a designated agricultural buffer, if consistent with all other provisions of this Article:

a.

Drainage channels, irrigation canals, storm water retention basins and Low Impact Development (LID) drainage features.

b.

Fences and walls.

c.

Habitat restoration.

d.

Low-lying landscaping and vegetative screening that does not include trees or hedges exceeding three feet in height.

e.

Oil and gas, wind energy and cogeneration facilities that are:

(1)

Permitted in compliance with Division 9 (Oil and Gas Facilities), or

(2)

Operated in compliance with Division 10 (Nonconforming Structures and Uses).

Signs.

g.

Solar energy systems allowed as an accessory use to the principal use of the lot.

h.

Telecommunication facilities permitted in compliance with Chapter 35-144F (Commercial Telecommunication Facilities).

i.

Utility lines and facilities.

j.

Any other use determined by the decision-maker to be consistent with the purpose and intent of the buffer requirement.

k.

Modifications or additions to structures legally existing as of [the effective date of this ordinance] provided that any addition to a structure that is located within a buffer required by this Section shall not extend further towards the immediately adjacent agricultural lot.

2.

Restricted uses within agricultural buffers. Subject to other provisions of this Section, or other provisions of the County Code, the following uses may be allowed within the agricultural buffer provided they are not located any closer to the common lot line between the project site and the adjacent agriculturally zoned lot than half the width of the buffer. This requirement may be modified by the decision-maker when it is determined that strict compliance with this section is not required to minimize conflicts with adjacent agriculture.

a.

Industrial or commercial loading docks and rear service areas.

b.

Landscaping and vegetative screening.

c.

Lighting.

d.

Non-habitable structures such as those used for storage.

e.

Parking areas including carports and garages.

f.

Public and private open space areas with limited passive recreational uses such as trails, bike paths and walking path, except as allowed in compliance with Subsection E.3, below.

g.

Roads and transportation infrastructure.

3.

Regardless of the use restrictions of Subsection E.2, above, passive public recreational uses such as trails, bike paths and walking paths, may be located within an agricultural buffer provided that it complies with the buffer to the extent feasible and strict compliance with Subsection E.2, above, would significantly diminish or result in adverse effects to public access or recreation.

4.

Prohibited uses within agricultural buffers. Active recreational uses such as parks, picnic areas, playgrounds and ball fields shall not be allowed in an agricultural buffer.

5.

Open space credit. The agricultural buffer may be counted toward open space requirements as long as the limits on allowed uses are consistent with the requirements of this Section and Article II.

6.

The unrestricted uses, restricted uses and prohibited uses within the designated agricultural buffer shall be included as a condition of approval of the approved project.

F.

Agricultural buffer Landscape, Lighting and Irrigation Plan requirements.

1.

A Landscape, Lighting and Irrigation Plan (Plan) shall be required for all agricultural buffers. The Plan shall:

a.

Graphically depict and label the agricultural buffer.

b.

Graphically depict and label the following elements within the agricultural buffer:

(1)

Erosion control measures.

(2)

Hardscape.

(3)

Irrigation systems.

(4)

Landscaping, vegetation, and materials.

(5)

Lighting.

c.

Incorporate Low Impact Development (LID) measures to maximize runoff retention and groundwater infiltration on-site.

d.

Incorporate a fence or other barrier that complies with Article II, with a minimum height of six feet, that discourages trespassing and domestic animals from crossing the common lot boundary between the project site and the adjacent agricultural land. However, the fence or other barrier shall be sited as close to the approved development project as feasible and shall avoid adverse impacts to scenic resources, sensitive habitats, and potential wildlife migrations corridors.

e.

Prohibit the planting or installation of turf within 50 feet of the adjacent agricultural land unless required by County, State or Federal regulations.

f.

Be compatible with the surrounding land uses and rural character of the agricultural area.

2.

Landscaping, lighting and irrigation are not required within the agricultural buffer. However, if vegetation is included within the buffer, the plant palette shall meet the following requirements:

The plants shall be compatible with agriculture.

b.

Shading of adjacent agricultural crops shall be minimized.

c.

To the maximum extent feasible, the plants shall be fire resistant and drought- tolerant or low water use.

d.

The plants shall not be considered noxious according to Section 4500 of the California Code of Regulations or considered invasive by the California Invasive Plant Council (Cal-IPC).

3.

If a vegetative screen is used to offset an agricultural buffer width increase for production agriculture as described in Subsection D.4.b (Vegetative screening adjacent to production agriculture), the vegetative screen shall be consistent with the requirements in this Subsection F (Agricultural buffer Landscape, Lighting and Irrigation Plan requirements) and shall be in compliance with the following additional criteria:

a.

The vegetative screen shall consist of two staggered rows of vegetation consisting of a layered canopy with evergreen trees and shrubs with foliage extending from the base to the crown.

b.

The plants shall thoroughly screen the agricultural use from the non-agricultural use within five years from time of installation.

c.

The minimum height of trees at maturity shall be 15 feet.

d.

The vegetative screen shall be at least 25 feet deep.

4.

The Landscape, Lighting and Irrigation Plan shall be compatible with the requirements in Subsection E (Allowable uses within agricultural buffers).

5.

The applicant shall provide a signed and notarized agreement and a performance security acceptable to the Director that guarantees the installation of landscaping, lighting and irrigation and provides for the

successful establishment of the agricultural buffer for a minimum of five years. The performance security shall be released upon approval by the Director.

G.

Agricultural buffer maintenance requirements.

1.

A Maintenance Plan shall be required that provides for the maintenance of the agricultural buffer for the life of the project. The Maintenance Plan shall:

a.

Include provisions for managing agricultural pests such as vertebrate pests, invasive weeds, and crop threatening insects. Integrated Pest Management practices shall be used to the extent feasible.

b.

Include provisions for removing weeds, trash and debris.

c.

Provide for regular fuel management and removal of accumulated plant matter within the agricultural buffer so as to minimize fire risk.

d.

Be consistent with the requirements in Subsection F (Agricultural buffer Landscape, Lighting and Irrigation Plan requirement).

f.

Provide for the regular maintenance of the elements as described in Subsection F (Agricultural Buffer Landscape, Lighting and Irrigation Plan requirements).

H.

Future conversion of adjacent agricultural land. If the underlying purpose for the agricultural buffer no longer exists, the decision-maker, upon application for permit revision in compliance with Division 11 (Permit Procedures), may remove agricultural buffer requirements originally required in compliance with this Section.

I.

Findings. In addition to other findings that may be required, the decision-maker shall not approve or conditionally approve any application subject to the requirements of this Section for which an agricultural buffer is required unless it first makes all of the following findings:

The design and configuration of the agricultural buffer minimizes, to the maximum extent feasible, conflicts between the adjacent agricultural and non-agricultural uses which are the subject of the permit application.

2.

The Landscape, Lighting, Irrigation and Maintenance Plans are compatible with the character of the adjacent agricultural land and the rural setting.

(Ord. No. 5194, § 29, 11-7-2023)

Section 35-144P. - Farmworker Housing.

(Added by Ord. 4946, 12/08/2016)

A.

Purpose. As stated in Government Code Section 65580(a), the State Legislature has declared that the availability of housing, including farmworker housing, is of vital statewide importance. Furthermore, California Health and Safety Code Section 17000, et seq., known as the Employee Housing Act, includes regulations that require local jurisdictions to allow the development of farmworker housing provided such housing complies with the Employee Housing Act. Therefore, the purpose of this Section is to promote the development of, and establish development standards for, farmworker housing consistent with this legislative declaration and in compliance with the California Health and Safety Code. Pursuant to California Health and Safety Code Section 17008, farmworker housing types consist of any living quarters, dwelling, boarding house, tent, bunkhouse, maintenance-of-way car, mobilehome, manufactured home, recreational vehicle, travel trailer, or other housing accommodations, maintained in one or more buildings or one or more sites, and the premises upon which they are situated or the area set aside and provided for parking of mobilehomes or camping of five or more employees by the employer.

B.

Applicability. The standards of this Section shall apply to the development of Farmworker Employee Housing as that use is defined in Section 35-58 (Definitions) and as may be allowed in compliance with the approval of the applicable permit identified in the following table for the listed zones:

Permit Requirements for Farmworker Dwelling Units and Farmworker Housing Complexes	P Permitted use, applicable Coastal Permit required (1) PP Principal Permitted use, Coastal Permit required (1) MCUP Minor Conditional Use Permit required CUP Conditional Use Permit required — Use Not Allowed	P Permitted use, applicable Coastal Permit required (1) PP Principal Permitted use, Coastal Permit required (1) MCUP Minor Conditional Use Permit required CUP Conditional Use Permit required — Use Not Allowed	P Permitted use, applicable Coastal Permit required (1) PP Principal Permitted use, Coastal Permit required (1) MCUP Minor Conditional Use Permit required CUP Conditional Use Permit required — Use Not Allowed
	PERMIT REQUIRED BY ZONE		Specifc Use Regulations
	Farmworker dwelling unit	Farmworker housing complex
Agricultural Zones
AG-I	P (2)	P (3)
AG-II	P (2)	CUP
Resource Protection Zones

MT-TORO	P (4)	MCUP
RES	P (4)	CUP
Residential Zones
EX-1	PP	MCUP
R-1/E-1	PP	MCUP
R-2	PP	MCUP
DR	PP	P
MHP	—	—
PRD	PP	—
RR	PP	CUP
SR-H	PP	MCUP
SR-M	PP	MCUP
Commercial Zones
C-1	P (5)	—
C-2	MCUP (6)	—
CH	MCUP (7)	(8)
C-V	MCUP (7)	—
PI	MCUP (6)	—
Industrial Zones
M-CD	—	P
M-CR	—	P
M-RP	—	P
Special Purpose Zones
PU	—	P
REC	—	—
TC	CUP (9)	CUP

Notes:

(1) Development Plan approval may also be required; see zone district requirements.

(2) The primary dwelling on the lot may be considered a component of the principal permitted agricultural use and permitted as a Principal Permitted Use (PP) when in compliance with the following standards: a. There is an existing principal permitted primary agricultural use on the lot on which the primary dwelling is located.

b. The occupancy of the dwelling is restricted to the operator of the principal permitted primary agricultural use including the family of the operator, or the owner of the lot including the dependent family of the owner.

c. The gross floor area of the primary dwelling does not exceed 5,000 square feet.

d. The primary dwelling and all accessory structures and landscaping associated with the primary dwelling shall occupy a development area of no more than 10,000 square feet.

(3) Within the Carpinteria Agricultural Overlay District, a CUP is required if located on slopes between 5 and 10 percent.

(4) The primary dwelling on the lot may be considered as a Principal Permitted Use (PP) when in compliance with the following standards:

a. The principal dwelling and all accessory structures and landscaping associated with the principal dwelling shall occupy a development area of no more than 10,000 square feet.

b. The development area shall not occupy slopes of 30 percent or greater.

(5) Only allowed on a lot where there is no commercial use, and subject to the regulations of Section 3577A.6 (Minimum Lot Size) and Section 35-71.11 (R-1/E-1).

(6) A dwelling is allowed provided the residential use is secondary to a primary commercial use on the same lot.

(7) A dwelling is allowed provided the residential use is secondary to a permitted or conditionally permitted (i.e., Conditional Use Permit) commercial use on the same lot.

DR zone. The following housing types may be permitted as a farmworker housing complex in the DR zone:

Dwelling, multiple.

b)

A two-family dwelling.

c)

Multiple detached single-family units on one lot.

d)

Farmworker housing complexes other than those housing types listed in Subsections D.1.c(2)(a) through D.1.c(2)(c), above, subject to the approval of a Major Conditional Use Permit in compliance with Section 35-172 (Conditional Use Permits).

d.

Commercial zones. The following housing types may be permitted as a farmworker housing complex in the CH zone:

1)

Adjacent lot zoned agriculture. All housing types allowed in compliance with California Health and Safety Code Section 17008 may be permitted in the CH zone if located adjacent to a lot having an agricultural zoning.

2)

Adjacent lot zoned residential. The following housing types may be permitted in the CH zone if located adjacent to a lot having a residential zoning.

a)

Multiple detached residential units on one lot.

b)

Farmworker housing complexes other than those housing types listed in Subsections D.1.d(2)(a), above, subject to the approval of a Major Conditional Use Permit in compliance with Section 35-172 (Conditional Use Permits).

The approval of a reasonable accommodation does not affect an individual's obligations to comply with other applicable regulations not at issue in the requested accommodation.

C.

Will not be detrimental to the general welfare, health, and safety of the neighborhood and will not be incompatible with the surrounding areas.

b.

Will not conflict with any easements required for public access through, or public use of a portion of the property that the project is located on.

c.

Will not require extensive alteration of the topography with the exception of only those design modifications which are necessary to provide the accommodation.

d.

If located in a Rural area as designated on the Coastal Land Use Plan maps, will be compatible with and subordinate to the rural and scenic character of the area with the exception of only those design modifications which are necessary to provide the accommodation.

G.

Effect of an approved reasonable accommodation on other project applications. If the project for which the application for reasonable accommodation is submitted also requires design review approval in compliance with Section 35-184 (Board of Architectural Review), then any approval or conditional approval of the project by the applicable Board of Architectural Review shall not have the effect of rendering an approved reasonable accommodation infeasible.

(Ord. No. 5168, § 19, 11-29-2022)

Section 35-144R. - Agricultural Employee Dwellings.

(Added by Ord. 4946, 12/14/2017; Amended by Ord. 5129, 05/13/2021)

A.

Purpose and applicability. This Section provides standards for agricultural employee dwellings where allowed by Division 4 (Zoning Districts) or Section 35-132 (Trailer Use) that are not allowed in compliance with Section 35-144P (Farmworker Housing).

B.

Allowed zones and permit requirements. Additional dwellings, including mobilehomes, manufactured homes, and park trailers complying with the California Code of Regulations, Title 25, Division 1, Housing and Community Development, that provide housing for agricultural employees may be allowed in compliance with the following table. The table provides for land uses that are allowed subject to compliance with all applicable provisions of this Article and subject to first obtaining a Coastal Development Permit in compliance with Section 35-169 (Coastal Development Permits) or a Land Use Permit in compliance with Section 35-178 (Land Use Permits) as applicable. Permitted uses are shown in the table as either "PP," which denotes a Principal Permitted Use, or "P," which denotes a non-Principal

liance with all applicable provisions of this Article and subject to first obtaining a Coastal Development Permit in compliance with Section 35-169 (Coastal Development Permits) or a Land Use Permit in compliance with Section 35-178 (Land Use Permits) as applicable. Permitted uses are shown in the table as either "PP," which denotes a Principal Permitted Use, or "P," which denotes a non-Principal

Permitted Use. An action by the decision-maker to approve or conditionally approve a permit application for a non-Principal Permitted Use may be appealed to the Coastal Commission in compliance with Section 35-182.6 (Appeals to the Coastal Commission). Uses allowed subject to the approval of a Major Conditional Use Permit or a Minor Conditional Use Permit in compliance with Section 35-172 (Conditional Use Permits) are shown as "CUP" uses or "MCUP" uses in the table, respectively. An application for a Coastal Development Permit shall be processed concurrently and in conjunction with the application for the Major or Minor Conditional Use Permit, and the Coastal Development Permit for the conditionally permitted use may be appealed to the Coastal Commission in compliance with Section 35-182.6 (Appeals to the Coastal Commission).

Permit Requirements and Development Standards for Agricultural Employee Dwellings	Permit Requirements and Development Standards for Agricultural Employee Dwellings	Permit Requirements and Development Standards for Agricultural Employee Dwellings	P Permitted use, Coastal Development Permit1 PP Principal Permitted Use; Coastal Development Permit1 MCUP Minor Conditional Use Permit required CUP Conditional Use Permit required
Zone	Permit requirement	Number of employees	Employment/Location
AG-I	PP2,3,4	1-4	Employed full-time in agriculture on the farm or ranch upon which the dwelling is located.
	P2,3,4	5-9	Employed full-time in agriculture, the majority (51 percent or more) of which occurs on the farm or ranch upon which the dwelling is located.
	MCUP	10-19	Employed full-time in agriculture, the majority (51 percent or more) of which occurs on the farm or ranch upon which the dwelling is located.
	CUP	20 or more	No restriction on location of employment.
AG-II	PP2,3,4	1-4	Employed full-time in agriculture on the farm or ranch upon which the dwelling is located.
	P2,3,4	5-24	Employed full-time in agriculture, the majority (51 percent or more) of which occurs on the farm or ranch upon which the dwelling is located.
	CUP	25 or more	No restriction on location of employment.
M-CD	See Section 35-87.

M-CR	See Section 35-92.
All other zones where single- family dwellings are allowed pursuant to Division 4, Zoning Districts	MCUP	1-4	Employed full-time in agriculture on the farm or ranch upon which the dwelling(s) is located.

1 Development Plan approval may be required pursuant to Division 4, Zoning Districts.

2 ;hg;Projects with a water system with 2 to less than 200 connections will also require a MCUP and may be subject to environmental review. (See Section 35-147.2.)

3 ;hg;Projects within a Special Problems Area with an onsite wastewater treatment system, including a dry well, will also require a MCUP and may be subject to environmental review. (See Section 35-147.2.)

4 ;hg;Projects with an individual alternative onsite wastewater treatment system will also require a MCUP and may be subject to environmental review. (See Section 35-147.2.)

C.

Standards that apply to agricultural employee dwellings in all zones except AG-I and AG-II.

1.

Need for additional dwellings. The applicant shall demonstrate the need for additional dwellings to support the existing or proposed agricultural use of the land where the work will occur.

2.

Proof of employment. The applicanst shall provide proof of the full-time employment of the employee in agriculture. Said proof shall be to the satisfaction of the Department in the form of any one or combination of the following:

1.

Employer's income tax return.

2.

Employee's pay receipts.

3.

Employer's DE-9 form.

4.

Employer's DE-34 form.

Employer's ETA 790 form.

6.

Employee's W-2 form.

7.

Employer's DLSE-NTE.

8.

A notarized contract between the employer and the employee which states that the occupant of the agricultural employee dwelling is employed in agriculture.

9.

A description of the employee's job duties.

10.

Other option approved by the Director.

3.

Submittal of documentation of need and employment status of occupants subsequent to issuance of permit for the agricultural employee dwelling. Demonstration of the need for the agricultural employee dwelling and proof of full-time employment in agriculture of the employee residing in the agricultural employee dwelling shall also be provided every five years beginning from the issuance of the permit for the agricultural employee dwelling or, if the occupancy of the agricultural employee dwelling changes, upon the change in occupancy and every five years thereafter. Failure to provide said documentation in compliance with this Subsection C.3 including Subsection C.3.a, below, may be cause for revocation of the permit for the agricultural employee dwelling.

a.

If the identity of the occupant of the agricultural employee dwelling is not known at the time of issuance of the Land Use Permit or Zoning Clearance for the agricultural employee dwelling, then proof of full-time employment in agriculture of the employee residing in the agricultural employee dwelling shall be provided within 30 days following occupancy of the agricultural employee dwelling by the employee.

4.

Notice to property owner. Before issuance of a permit or for the agricultural employee dwelling, a Notice to Property Owner that specifies at a minimum (1) the occupancy requirements of the agricultural employee dwelling and (2) the requirement for provision of documentation of employment and the need for the agricultural employee dwelling in compliance with Subsections B, C.1, C.2, and C.3, above, shall be recorded by the property owner.

The mobile home, manufactured home, or park trailer complies with applicable setbacks and building separation requirements required for structures of the zone district in which the mobile home, manufactured home, or park trailer is located

Section 35-144S. - Reserved for Future Use. Section 35-144T. - Reserved for Future Use. Section 35-144U. - Cannabis Regulations.

A.

Purpose and applicability.

1.

Purpose. This Section establishes standards that are designed to protect the public health, safety, and welfare, enact strong and effective regulatory and enforcement controls, as a result of and in compliance with State law, protect neighborhood character, and minimize potential for negative impacts on people, communities, and the environment, by establishing minimum land use requirements for medicinal and adult use cannabis activities including cultivation, processing, distribution, manufacturing, testing, and sales.

2.

Applicability. The standards of this Section shall apply to commercial cannabis activities, as defined in Division 2 (Definitions), and as may be permitted in compliance with the approval of the applicable permit identified in the Allowed Cannabis Uses and Permit Requirement by Zone Table in this Section, for the listed zones, in addition to all other applicable requirements of this Article. Commercial cannabis activities shall only be permitted in the AG-I, AG-II, C-1, C-2, PI, and M- RP zoning districts in compliance with Division 4 (Zoning Districts) and the Allowed Cannabis Uses and Permit Requirement by Zone Table in this Section. If conflicts occur between the provisions and requirements of this Section and any other provision of the Local Coastal Program, the provisions and requirements that are most protective of coastal resources shall control. Commercial cannabis activities shall also comply with the following:

a.

All commercial cannabis activities shall comply with the provisions of this Section, as well as all applicable State laws.

b.

Nothing in this Section is intended, nor shall it be construed, to allow persons to engage in conduct that endangers others or causes a public nuisance.

c.

Nothing in this Section is intended, nor shall it be construed, to exempt the cultivation of cannabis from compliance with all other applicable County zoning and land use regulations, as well as other applicable provisions of the County Code, State and local cannabis licensing requirements, or compliance with any applicable State laws.

d.

All persons operating facilities and conducting commercial cannabis activities, as defined in this Section, are subject to possible Federal prosecution, regardless of State licensure. Any land use or other entitlement

from the County does not assert or provide any Federal protections.

e.

The provisions of this Section shall not be construed to protect any person from prosecution pursuant to any laws that may prohibit the cultivation, sale, distribution, possession, use of and/or any other activity associated with controlled substances, or to authorize conduct that is unlawful under State or Federal law. Moreover, cultivation, sale, possession, distribution, and use of cannabis remain violations of Federal law as of the date of adoption of the ordinance creating this Section and this Section is not intended to, and does not authorize conduct or acts that violate Federal law and does not protect any person from arrest or prosecution under those Federal laws. Persons engaged in cannabis activities assume any and all risk and any and all liability that may arise or result under State and Federal laws from the cultivation, sale, possession, distribution, use of cannabis, and/or any other cannabis activity.

f.

The provisions of Section 35-144U.C.6 (Cannabis Odor Threshold) and 35-144U.C.7 (Odor Abatement Plan) shall become operative for all existing commercial cannabis operations on March 18, 2026, or upon Coastal Commission Certification of Local Coastal Plan Amendment LCP-4-STB-25-0017-1 Part D, whichever date is later.

1)

Implementation. Existing cannabis cultivation and processing operations shall submit a request to the Department for a minor change to their approved or issued Coastal Development Permit, consistent with Section 35-169.11, to obtain approval of a revised Odor Abatement Plan and install the Multi-Technology Carbon Filtration systems before March 18, 2026.

2)

Extensions. (This provision is only applicable to 35-144U.C.7 - Odor Abatement Plans) A one-time extension of the implementation time period described above may be allowed for up to 12 months. The request for an extension shall be heard by the Board of Supervisors with a recommendation by the Director. A request for an extension must be submitted 90 days prior to the expiration of the implementation period and approved by the Board of Supervisors. Requests for extensions may include, but not be limited to:

a.

Supply chain delays

b.

On-site power supply upgrades

c.

Off-site power supply upgrades and availability

Other circumstances as determined by the Director

3.

Cannabis activities already are highly regulated by both the state and federal governments, and their regulation of cannabis activities is subject to rapid changes. The Board of Supervisors retains all of its statutory planning and zoning authority concerning cannabis activities. For example, even if the Ordinance (Case No. 17ORD-00000-00010) adding this section becomes operative, the Board of Supervisors still may take action(s) later to change the zoning of cannabis activities to being prohibited. Changing the zoning of cannabis activities to being prohibited, could occur — for example, but is not limited to — if: 1) the County Treasurer is not able to deposit cannabis-related funds in a suitable financial institution; and/or 2) the Board of Supervisors submits a proposed County tax on commercial cannabis activity to the voters and the voters do not approve the tax. In part because cannabis activities are highly regulated by both the state and federal governments and their regulation of cannabis activities is subject to rapid changes, the Board of Supervisors later may need to change the zoning of cannabis activities to being prohibited and may need to do so without cannabis activities receiving: 1) an amortization period; and/or 2) legal nonconforming use status.

B.

Allowed uses and permit requirements.

1.

Permit requirement for commercial cannabis activities.

a.

Commercial cannabis activities may only occur in compliance with the approval of the applicable permit identified in the Allowed Cannabis Uses and Permit Requirement by Zone table, and in Division 4 Zoning Districts, in this section. The required permit shall be obtained prior to the commencement of the cannabis activity. All conditions of the permit for the cannabis activity shall be satisfied prior to the commencement of the cannabis activity or as otherwise specified in the conditions of the permit.

b.

In addition to obtaining a permit from the County as required in a above, permittees of commercial cannabis activities must also obtain and maintain in good status a valid County business license, as required by the County Code, and a valid State cannabis license, as required by the California Business and Professions Code.

2.

Cultivation for personal use allowed. The cultivation of cannabis for personal use is allowed without a land use entitlement, provided that it complies with the following standards:

a.

Only adults 21 years or older may cultivate cannabis for personal use.

b.

Cultivation of cannabis for personal use shall only occur within:

(1)

A legally established, secure dwelling, or

(2)

An enclosed, legally established, secure building that is accessory to a dwelling.

Outdoor cultivation is prohibited.

c.

Possession, storage, and/or cultivation of cannabis shall only be exclusively for the cultivator's personal use, and the cannabis shall not be provided, donated, sold, and/or distributed to any other person, except as allowed by and as described in the State law and the Compassionate Use Act for primary caregivers who cultivate medicinal cannabis.

d.

Personal cultivation of cannabis is limited to six plants per legally established dwelling, unless otherwise allowed by State law in the Compassionate Use Act for medicinal cannabis.

e.

The area dedicated to cultivation shall not be located in an area that is designated for a use that is required in order to comply with a regulation of this ordinance (e.g., in a garage if the growing area would occupy required parking spaces for the residential use of the property).

f.

None of the cannabis cultivation or consumption activities shall be detectable (e.g., due to odor or lighting) outside of the dwelling or building in which the activities occur.

3.

Noticing for Commercial Cannabis Activities. Entitlements for commercial cannabis uses and/or development shall be subject to the applicable noticing requirements set forth in Chapter 35-181 (Noticing), except that a mailed notice regarding a pending action or hearing regarding a commercial cannabis entitlement shall be provided to all owners of property located within a 1,000-foot radius of the exterior boundaries of the subject lot.

4.

Permit Requirements for commercial cannabis activities. The below tables identifies the commercial cannabis land uses allowed by this Article in each zone, and the planning permit required to establish each use. The table provided for land uses that are:

a.

Allowed subject to compliance with all applicable provisions of this Article and subject to first obtaining a Coastal Development Permit in compliance with Section 35-169 (Coastal Development Permits) or a Land Use Permit in compliance with Section 35-178 (Land Use Permits) as applicable. Permitted uses are shown in the table as either "PP," which denotes a Principal Permitted Use or "P," which denotes a non-Principal Permitted Use. An action by the decision-maker to approve or conditionally approve a permit application for a non-Principal Permitted Use may be appealed to the Coastal Commission in compliance with Section 35-182.6 (Appeals to the Coastal Commission).

b.

Allowed subject to the approval of a Major Conditional Use Permit in compliance with Section 35-172 (Conditional Use Permits) and shown as "CUP" uses in the table. An application for a Coastal Development Permit shall be processed concurrently and in conjunction with the application for the Major Conditional Use Permit.

c.

Not allowed in particular zones and shown as "—" in the table.

Allowed Cannabis Uses and Permit Requirement by Zone		PP Principal Permitted Use; Coastal Development Permit P Permitted use, Coastal Development required CUP Major Conditional Use Permit required — Use Not Allowed	PP Principal Permitted Use; Coastal Development Permit P Permitted use, Coastal Development required CUP Major Conditional Use Permit required — Use Not Allowed	PP Principal Permitted Use; Coastal Development Permit P Permitted use, Coastal Development required CUP Major Conditional Use Permit required — Use Not Allowed	PP Principal Permitted Use; Coastal Development Permit P Permitted use, Coastal Development required CUP Major Conditional Use Permit required — Use Not Allowed	PP Principal Permitted Use; Coastal Development Permit P Permitted use, Coastal Development required CUP Major Conditional Use Permit required — Use Not Allowed
LAND USE (1)	PERMIT REQUIRED BY ZONE
	AG-I	AG-II	C-1	C-2	PI	M-RP
CANNABIS CULTIVATION AND MICROBUSINESS
Outdoor Cultivation	PP(4)(5)(7)	PP(2)(4)(8)	—	—	—	—
Mixed-light Cultivation	PP(2)(5)	PP(2)	—	—	—	—
Indoor Cultivation	PP(2)(5)	PP(2)	—	—	—	P(2)
Nursery, Cultivation	PP(5)(9)	PP(9)	—	—	—	P(9)
Microbusiness	—	CUP(2)(6)	CUP(2)	CUP(2)	—	—
CANNABIS DISTRIBUTION, MANUFACTURING AND TESTING
Distribution	P(2)(3)	P(2)(3)	—	—	—	PP(2)
Manufacturing, Nonvolatile	P(2)(3)	P(2)(3)	—	—	—	PP(2)
Manufacturing Volatile	CUP(2)(3)	CUP(2)(3)	—	—	—	—
Testing	—	—	PP(2)	PP(2)	PP(2)	PP(2)
CANNABIS RETAIL
Non-Storefront Retailer	—	P(2)	PP(2)	PP(2)	—	—
Retail	—	—	PP(2)	PP(2)	—	—
Notes: (1) See Section 35-58 (Defnitions) for land use defnitions.

(2) The premises shall not be located within 750-feet from a school providing instruction in kindergarten or any grades one through 12, day care center, or youth center. The distance specified in this section shall be the horizontal distance measured in a straight line from the property line of the lot on which the sensitive receptor is located to the premise, without regard to intervening structures.

(3) The manufacturing or distribution use is only permissible as an accessory use to cannabis cultivation.
(4) Outdoor cultivation is not allowed within two miles of an Urban Rural boundary.
(5) Commercial cannabis cultivation on lots located in an Existing Developed Rural Neighborhood (EDRN), or commercial cannabis cultivation that requires the use of a roadway located within an EDRN as the sole means of access to the lot on which cultivation will occur, require a CUP.
(6) Microbusiness - only allows non-storefront retail.
(7) Outdoor cultivation shall not be located within 1,500 feet of a residential zone and/or a school providing instruction in kindergarten or any grades one through 12, day care center, or youth center.
(8) Cultivation on lots located adjacent to an Existing Developed Rural Neighborhood and/or Urban Rural boundary shall require approval of a Conditional Use Permit.
(9) Nurseries shall not be located within 600-feet from a school providing instruction in kindergarten or any grades one through 12, day care center, or youth center, as measured from (1) the premises of the nursery, to (2) the property line of the lot on which a school providing instruction in kindergarten or any grades one through 12, day care center, or youth center, is located.

C.

General commercial cannabis activities development standards. In addition to other application requirements and development standards required by this Article, the following surveys and plans shall be submitted as part of an application for a commercial cannabis activity, and the proposed commercial cannabis activity shall comply with all of the following additional development standards, where applicable.

1.

Archaeological and paleontological surveys. When commercial cannabis activities are proposed for lots that have not been subject to prior archaeological or paleontological surveys in accordance with Section 35-65 (Archaeology), the applicant shall provide a Phase 1 cultural resource study documenting the absence or presence of cultural resources in the project area. If current or previously conducted Phase 1 studies indicate that archaeological or other cultural sites are located in the project area, the applicant shall prepare and submit to the Department for review and approval documentation demonstrating that the

A description of all equipment and methods to be used for reducing odors. A California- licensed Professional Engineer must review and certify that the equipment and methods to be used for reducing odors are consistent with accepted and available industry-specific best control technologies and methods designed to mitigate odor.

e.

Approved odor control systems, subject to certification as required in Subsection d above, may include, but are not limited to:

1)

Multi-Technology Carbon Filtration.

For purposes of this Section, Multi-Technology Carbon Filtration means air filtration technology that utilizes activated carbon, which may include carbon filters, photocatalytic oxidation (PCO) units and/or other equivalent technologies that utilize carbon filtration.

2)

Other odor controls systems that provide equivalent or greater odor control effectiveness than MultiTechnology Carbon Filtration.

f.

Vapor phase systems shall not be allowed. Existing operations utilizing vapor phase systems shall transition to Multi-Technology Carbon Filtrations in accordance with the implementation timeframe in Section 35-

144U.A.2.f.

g.

Designation of an individual (local contact) who is responsible for responding to odor complaints as follow:

1)

The local contact shall be available by telephone on a 24-hour basis to respond to calls regarding any odor complaints.

2)

The applicant shall provide property owners and residents of property located within 1,000-feet of the lot on which the cannabis activity is conducted, the contact information of the local contact responsible for odor complaints. The operator is required to immediately notify the County of any changes to the local contact.

3)

The operator of the cannabis activity is required to notify the County of any complaints that the operator receives, within 24 hours of receiving the complaint.

4)

Failure to respond to calls in a timely and appropriate manner may result in revocation of the permit. For purposes of this Subsection, responding in a timely and appropriate manner means that an initial call shall be responded to within one hour of the time the initial call was made, and a corrective action shall commence within two hours of the initial call, if corrective action is required, to address any violation of this Section.

5)

The operator shall implement a complaint tracking system for all complaints that the operator receives, which includes a method for recording the following information: contact information of the complainant, as well as a description of the location from which the complainant detected the odors; time that the operator received the complaint; description of the complaint; description of the activities occurring on site when the complainant detected the odors; and actions the operator implemented in order to address the odor complaint. The operator shall provide the complaint tracking system records to the Department as part of any Departmental inspections of the cannabis activity, and upon the Department's request. The operator shall maintain the complaint tracking records for a minimum of five years.

h.

Odor Abatement Plan equipment shall be equipped with run-time meters. Run-time and downtime data, including reasons for the downtime, shall be provided to the Department annually and upon request to verify the approved equipment is operating in accordance with the approved Odor Abatement Plan.

i.

An Odor Abatement Plan shall be certified by a California-licensed Professional Engineer, indicating the proposed Odor Abatement Plan will mitigate nuisance odors to below the established odor threshold at the operator property boundary.

8.

Signage. All signs shall comply with Chapter 35-138 (Sign and Advertising Structures) and all applicable Community and Area Plans.

9.

Tree Protection, Habitat Protection, and Wildlife Movement Plans. All commercial cannabis activities shall comply with the tree and habitat protection policies and standards set forth in this Article, all applicable Community and Area Plans, and the Coastal Land Use Plan. Commercial cannabis activities shall be sited and designed to avoid environmentally sensitive habitat (ESH) and ESH buffers. If avoidance of ESH is infeasible and would preclude reasonable use of a parcel, then the alternative that would result in the fewest or least significant impacts shall be selected and impacts shall be mitigated. Commercial cannabis activities shall also be sited and designed to avoid native trees and wildlife movement areas to the maximum extent feasible. The applicant for any cannabis permit for a site that would involve impacts to native trees, wildlife movement areas, or ESH, including impacts due to fuel modification, shall prepare and submit to the Department for review and approval a Tree Protection, Habitat Protection, and/or Wildlife Movement Plan in accordance with Appendix G: Cannabis Activities Additional Standards. The Tree Protection, Habitat Protection, and Wildlife Movement Plan shall be implemented prior to the issuance of final building and/or grading inspection and/or throughout operation of the project as applicable. Commercial cannabis activities in areas adjacent to ESH areas and parks and recreation areas shall be sited and designed to prevent impacts which would significantly degrade those areas, and shall be compatible with the continuance of those habitat and recreation areas.

10.

View Impact Study. The applicant for a commercial cannabis activity outside of the boundaries of the Carpinteria Agricultural Overlay District shall prepare and submit to the Department a view impact study that analyzes the individual and cumulative visual impacts of the proposed structure(s) along with existing structures as seen from public viewing areas. Commercial cannabis activities shall be sited and designed to minimize adverse impacts to visual resources. Landscape screening shall not substitute for siting and design alternatives that minimize adverse impacts to public views of the coast, ocean and other scenic areas.

11.

Carpinteria Agricultural Overlay District. All structures for commercial cannabis activities, including accessory structures, within Area A and Area B of the Carpinteria Agricultural Overlay District shall comply with the standards of Section 35-102F (CA — Carpinteria Agricultural Overlay District).

D.

Specific use development standards. All commercial cannabis activities shall comply with the following development standards specific to the applicable permit type.

Cultivation.

a.

AG-I Lots 20 acres or less; Lots zoned AG-I-5; and/or Lots zoned AG-I-10 and lots within two miles of an Urban-Rural boundary. Outdoor cannabis cultivation, including cannabis cultivation within hoop structures, is prohibited on lots zoned AG-I that are 20 acres or less in size; lots zoned AG-I-5; and/or lots zoned AG-I10 and lots within two miles of an Urban Rural boundary. Indoor and mixed-light cultivation shall be located in existing structures to the maximum extent feasible. No more than 186 acres of cannabis cultivation, nurseries, and microbusinesses with cultivation shall be allowed at any one time within the boundaries of Area A and Area B of the Carpinteria Agricultural Overlay District, as implemented through the Cannabis Business License Ordinance.

b.

Avoidance of prime soils. All structures for cannabis cultivation activities, including, but not limited to, greenhouses that do not rely on in-ground cultivation, that are located on premises that contain prime soils shall be sited and designed to avoid prime soils and non-prime land suitable for agriculture, to the maximum extent feasible. Prime soils shall not be utilized if it is possible to utilize non-prime land. As little agricultural land (prime and non-prime land suitable for agriculture) as possible shall be used for structural development, and structures shall be clustered with other existing structures to the maximum extent feasible.

c.

Cannabis cultivation within an Existing Developed Rural Neighborhood (EDRN). Cultivation within an EDRN, or cultivation that requires the use of a roadway located within an EDRN as the sole means of access to the cultivation lot, shall require approval of a Conditional Use Permit by the Planning Commission and compliance with applicable standards in Section 35-172.8 (Findings Required for Approval).

d.

Cannabis Waste Discharge Requirements General Order. The applicant shall demonstrate compliance with the State Water Resources Control Board's comprehensive Cannabis Cultivation Policy which includes principles and guidelines for cannabis cultivation, including regulations on the use of pesticides, rodenticides, herbicides, insecticides, fungicides, disinfectants, and fertilizers, within the State.

e.

Hoop structure lighting. Lighting shall be prohibited in hoop structures.

f.

M-RP zone requirements. Cultivation shall only occur indoors on a lot zoned M-RP (Industrial Research Park).

Mixed-light cultivation lighting requirements. Lighting due to cannabis activities that are subject to mixedlight cultivation licenses shall not be visible outside of the structure in which the lighting is located between sunset and sunrise.

h.

Public Lands. No cannabis cultivation shall be permitted on public lands.

i.

Post-processing and packaging. Post-processing and packaging of cannabis products shall be considered accessory uses to the cultivation activity(s) when processed on the same lot.

j.

Site Transportation Demand Management Plan. The applicant shall prepare and submit to the Department for review and approval a Site Transportation Demand Management Plan that includes the lot location, total number of employees, hours of operation, lot access and transportation routes, and trip origins and destinations. The Transportation Demand Management Plan shall be implemented prior to the issuance of final building and/or grading inspection and/or throughout operation of the project, as applicable. The Transportation Demand Management Plan shall include a combination of the following methods to reduce vehicle trips generated by the cultivation activity as necessary to avoid impacts to prime soils and on-street parking availability to the maximum extent feasible:

1)

Provide for carpool/shuttle/mini bus service for employees, especially during harvesting periods, on cultivation lots.

2)

Provide shared parking areas for ridesharing on large and/or rural lots.

3)

Provide bicycle storage/parking facilities.

4)

Provide incentives to employees to rideshare or take public transportation.

5)

Implement compressed or flexible work schedules to reduce the number of days per week that employees are needed.

k.

Water efficiency for commercial cannabis activities. To the maximum extent feasible, and to the Director's satisfaction, water-conserving features shall be included in the design of proposed cannabis cultivation.

These features may include, but are not limited to:

1)

Evaporative barriers on exposed soils and pots.

2)

Rainwater capture and reuse.

3)

Recirculated irrigation water (zero waste).

4)

Timed drip irrigation.

5)

Soil moisture monitors.

6)

Use of recycled water.

l.

On lots zoned AG-I, outdoor cultivation shall not be located within 1,500 feet of a residential zone and/or a school providing instruction in kindergarten or any grades one through 12, day care center, or youth center.

m.

Outdoor cultivation on lots zoned AG-II located adjacent to an Existing Developed Rural Neighborhood and/or Urban Rural boundary, shall require approval of a Conditional Use Permit.

2.

Distribution.

a.

Cultivation limits. Distribution on a lot zoned AG-I or AG-II shall only be allowed as an accessory use to cannabis cultivation and shall comply with the following requirements:

1)

A minimum of 10% of the cannabis product distributed shall be sourced from cannabis plant material cultivated on the same lot on which the distribution activities will occur. Within the Gaviota Coast Plan Overlay District, a minimum of 51% of the cannabis product distributed shall be sourced from cannabis plant material cultivated on the same lot on which the distribution activities will occur. For all areas of the

County, all other cannabis products shall be sourced from other local agricultural land (defined as lands located within 25 miles of the boundaries of Santa Barbara County).

2)

Distribution shall be subordinate and incidental to the cultivation use of the lot, and the area designated for distribution shall occupy a smaller footprint than the area that is designated for cultivation on the lot. Distribution shall be located in existing structures to the maximum extent feasible.

Provide bicycle storage/parking facilities.

4)

Provide incentives to employees to rideshare or take public transportation.

5)

Implement compressed or flexible work schedules to reduce the number of days per week that employees are needed.

f.

1)

Rainwater capture and reuse.

2)

Use of recycled water.

5.

Microbusiness. Microbusinesses shall only include delivery retail in the AG-II zone in compliance with the permit requirement identified in Division 4 (Zoning Districts). No retail sales shall occur on the lot on which the microbusiness exists in AG-II zones.

6.

Retail. No cannabis consumption, including, but not limited to, smoking, vaporizing or ingesting, shall be permitted on the premises of a retailer or microbusiness.

E.

Records. Permittees of commercial cannabis activities shall maintain clear and adequate records and documentation, in accordance with State law, the State's track-and-trace program, and as required by this Section, demonstrating that all cannabis or cannabis products have been obtained from, and are provided to, other permitted and licensed cannabis operations. All records, unless otherwise specified in this Section, shall be maintained for 5 years and shall be subject to review, inspection, examination, and audit by the Department.

F.

Inspection. All permitted commercial cannabis activities are subject to review and inspection from law enforcement or any agents of the State or County charged with enforcement of this Article.

G.

Land use entitlement compliance. Following issuance of the land use entitlement for the cannabis activity, all commercial cannabis activities that are subject to a land use entitlement shall be subject to County inspection to determine compliance with the land use entitlement requirements, this Ordinance, County Code, and State law.

H.

Revocation. Any entitlement to allow commercial cannabis activities may be revoked in compliance with Section 35-169.8 (Revocation).

Odor abatement and compliance monitoring. Facilities that require an Odor Abatement Plan or installation of an odor control system shall comply with Section 35-144U.C.6 (Cannabis Odor Threshold) and Section 35-144U.C.7 (Odor Abatement Plan) and the following:

1.

The applicant shall allow the Department access to the facility at all times, without notice, for the purpose of inspecting odor mitigation practices, odor source(s), and complaint tracking system records.

2.

Upon installation, Department staff shall conduct an inspection of the odor control system to assess its compliance with the requirements of this section and the approved Odor Abatement Plan quarterly for the first year and annually thereafter for the life of the project for which an Odor Abatement Plan is required.

3.

Applicant shall annually provide all necessary documentation to the Department related to monitoring compliance with the Odor Abatement Plan, including but not limited to:

a.

Contact information that includes a full name, phone number, and valid email address. Applicant shall provide the Department with updated contact information as necessary.

b.

Downtime data of the operating system and reasons for the downtime, if applicable.

c.

Record of all complaints received by the operator.

d.

Maintenance documentation (i.e. carbon filter changeouts and changes to neutralizing solution).

(Ord. No. 5168, § 20, 11-29-2022; Ord. No. 5244, §§ 1—3, 10-21-2025)

Section 35-144V. - Transitional and Supportive Housing.

Section 35-144V.1 Purpose and Intent

In accordance with Government Code Sections 65650 through 65656, and 65583(c)(3) and successor statutes, this Section describes the permitting and development standards for transitional and supportive housing projects and identifies the criteria that must be met for supportive housing to qualify for ministerial review and the requirements associated with qualifying projects. This section is intended to promote the development of transitional and supportive housing.

(Ord. No. 5204, § 31, 2-13-2024)

Section 35-144V.2 Applicability

1.

Considered a residential use. In compliance with Government Code Section 65583(a)(5), transitional and supportive housing shall be considered a residential use of property.

(Ord. No. 5204, § 31, 2-13-2024)

Section 35-144V.3 Permit Requirements

1.

Same Permit Requirements. Except for projects that qualify for streamlined ministerial review as described under Subsection 35-144V.3.2 (By right supportive housing) below:

a.

Transitional and supportive housing shall be allowed in any dwelling allowed in a specific zone, subject to the same permit requirements that apply to the dwelling that will be used for transitional or supportive housing.

b.

No Conditional Use Permit, Variance, or other planning permit shall be required of transitional or supportive housing that is not required of a dwelling of the same type in the same zone.

c.

When transitional or supportive housing is proposed to be located in a zone where the residential use requires a Conditional Use Permit, an additional Conditional Use Permit is not required if the existing residential use has obtained the necessary Conditional Use Permit in compliance with Section 35-172 (Conditional Use Permits).

2.

By right supportive housing. In accordance with Government Code Section 65651(a) or successor statutes, provided that the project is found consistent with all applicable policies and provisions of the Local Coastal Program, an application for supportive housing shall be considered ministerially without discretionary review or hearing if the project meets all of the following requirements:

a.

Zoning. The project is located within a zone where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses, and zones where such uses are permitted with a Conditional Use Permit. For the purposes of this Section, multifamily uses shall include two-family dwellings (I.e., "dwelling, two-family," as defined in Section 35-58. Definitions).

Zones Permitting Two-Family and/or Multiple-family and/or Mixed Uses

R-2 (Two-Family Residential)

DR (Design Residential) PRD (Planned Residential Development)

SR-M (Medium Density Student Residential) SR-H (High Density Student Residential) C-2 (Retail Commercial) CH (Highway Commercial) C-V (Resort/Visitor Serving Commercial) PI (Professional and Institutional)

Decision deadline. The Director shall complete their review of the application to develop supportive housing within 60 days after the application is complete for a project with 50 or fewer units, or within 120 days after the application is complete for a project with more than 50 units.

(Ord. No. 5204, § 31, 2-13-2024)

Section 35-144V.8 Allowable Restrictions and Limits on Disapproval

1.

Transitional and supportive housing shall comply with County ordinances, including restrictions on structure height, setbacks, lot dimensions, and placement of signs, as long as such restrictions are identical to those applied to other dwellings of the same type in the same zone.

2.

Pursuant to Government Code Section 65589.5(d), the Department shall not disapprove a transitional or supportive housing project for very low, low-, or moderate-income households, or condition approval in a manner that renders the project infeasible for development for the use of very low, low-, or moderateincome households, including through the use of design review standards, unless it makes written findings, based upon a preponderance of the evidence in the record, as to one of the findings in Government Code Sections 65589.5(d)(1) through (5).

3.

Pursuant to Government Code Section 65589.5(j), or successor statute, if the Department proposes to disapprove a transitional or supportive housing project or approve it upon the condition that the project be developed at a lower density, the Department shall base its decision regarding the proposed project upon written findings supported by substantial evidence on the record that both of the conditions in Government Code Section 65589.5(j)(1) and (2) exist.

(Ord. No. 5204, § 31, 2-13-2024)

Section 35-144V.9 Fees

1.

Transitional and supportive housing shall not be subject to any local business taxes, local registration fees, use permit fees, or other fees to which other dwellings of the same type in the same zone are not likewise subject.

(Ord. No. 5204, § 31, 2-13-2024)

Section 35-144V.10 Changes in Occupancy

1.

Not a change in Occupancy. The use of a dwelling for purposes of transitional or supportive housing shall not constitute a change of occupancy for purposes of local building codes.

2.

Future changes in occupancy. The required number of units in a supportive housing project dedicated to the target population may be reduced if termination of the operating subsidy or project-based rental assistance occurs at no fault of the project owner and if all conditions outlined in Government Code Section 65651 (c) are met.

(Ord. No. 5204, § 31, 2-13-2024)

Section 35-144V.11 Reasonable Accommodation

1.

Reasonable accommodation. The requirements of this Article may be modified in compliance with Section 35-144Q (Reasonable Accommodation) if necessary to comply with the Federal Fair Housing Act and the California Fair Employment and Housing Act relating to accommodations for persons with disabilities including allowances for structural installations that are necessary to accommodate disabled residents (e.g., handrails, lifts, and ramps).

(Ord. No. 5204, § 31, 2-13-2024)

Section 35-144V.12 Conflicts with other Sections of this Article.

Conflicts with other Sections of this Article. Where there are conflicts between the standards in this Section 35-144V and other requirements of this Article, the provisions of this Section shall prevail.

(Ord. No. 5204, § 31, 2-13-2024)

DIVISION 8 - SERVICES, UTILITIES AND OTHER RELATED FACILITIES

(Amended by Ord. 4084, 12/15/1992)

Section 35-145. - Purpose and Intent.

The purpose of this Division is to provide for the siting of small scale public works, utilities and private service facilities in all zone districts, excluding communication facilities governed by and specified in Section 35-144F, Communication Facilities. The intent is to ensure that these facilities are sited and designed in a manner consistent with the provisions of this Article and compatible with surrounding land uses.

(Amended by Ord. 4084, 12/15/1992; Ord. 4263,0 6/24/1997)

Section 35-146. - Applicability.

1.

With the exception of those public works, utilities, private service, or energy facilities which are subject to the Division 4. PU Public Works, Utilities and Private Service Facilities District, Section 35-88, or energy facilities regulated by Division 9. Oil and Gas Facilities, Section 35-150, or Transportation Related Public Works regulated by Division 4. Transportation Corridor, Section 35-93, the provisions of this Division shall apply to public works, utilities, and private service facilities as follows:

Any development, except repair and maintenance and certain utility connections, as allowed pursuant to the County Guidelines on Repair and Maintenance and Utility Connections to Permitted Development (Section 35-169.10) undertaken by a business organization, person, private entity, the County of Santa

Barbara, a public agency, public utility, a special district, or a mutual water company shall be subject to the permits outlined in this Division.

(Amended by Ord. 4084, 12/15/1992)

2.

Facilities subject to the provisions of this Division shall be permitted in all zone districts, except above ground electrical transmission lines shall not be permitted in the View Corridor Overlay District. Facilities which require only a Coastal Development Permit for approval shall be considered principal permitted uses. Projects which require a Minor or Major Conditional Permit or Special Use Permit shall be considered conditional uses.

(Amended by Ord. 4084, 12/15/1992; Ord. 4171, 10/25/1994)

Section 35-147. - Processing.

(Amended by Ord. 4888, 10/10/2014)

No permits for development subject to the provisions of this Division shall be issued except in conformance with the following:

1.

Development that requires a Coastal Development Permit issued in compliance with Section 35-169 (Coastal Development Permits) shall include the development listed below:

(Added by Ord. 4084, 12/15/1992)

a.

Development that is less than 20,000 square feet of total development area as listed below.

1)

Drainage channels, water courses or storm drains.

2)

Reservoirs.

3)

Distribution and collection lines for water, reclaimed water and wastewater.

4)

Roads or streets.

Flood control projects.

b.

Unless otherwise provided for in specific districts' regulations, agricultural water wells and appurtenant fixtures and structures.

c.

Water wells, water storage tanks and appurtenant fixtures and structures to serve one domestic, commercial, industrial or recreational connection.

d.

Utility lines for gas, electricity, television, telephone, or other similar utilities, proposed to serve less than five connections.

e.

Pump or lift stations.

f.

Onsite Wastewater Treatment Systems, individual, conventional and Onsite Wastewater Treatment Systems, individual, supplemental on all lots not located in designated Special Problem Areas for sewage

disposal, except for performance testing and installation of dry wells that are exempt from the issuance of a Coastal Development Permit in compliance with Section 35-51B (Exemptions from Planning Permit Requirements).

(Amended by Ord. 4964, 12/14/2017)

2.

Development that requires a Minor Conditional Use Permit in compliance with Section 35-172 (Conditional Use Permits) and a Coastal Development Permit issued in compliance with Section 35-169 (Coastal Development Permits):

(Added by Ord. 4084, 12/15/1992)

a.

Development that is 20,000 square feet or more of total development area including:

1)

Drainage channels, water courses or storm drains.

2)

Reservoirs.

Distribution and collection lines for water, reclaimed water and wastewater.

4)

Roads or streets.

5)

Flood control projects.

b.

Water production, storage, and treatment systems, including multi-parcel water systems, state small 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 from two to 199 domestic, commercial, industrial or recreational connections.

c.

Seawater desalination projects including intake, storage, treatment, distribution lines and ancillary facilities, proposed to serve less than 15 domestic, commercial, industrial, or recreational connections, or agricultural operations.

d.

Commercial water trucking facilities involving extraction and storage operations in the RR, R-1/E-1, R-2, EX-1, DR, PRD, SR-M, SR-H and MHP zoning districts.

e.

Water diversion projects.

f.

Onsite Wastewater Treatment Systems, including dry wells on a lot located in a Special Problem Area that is designated as such due to sewage disposal constraints.

(Amended by Ord. 4964, 12/14/2017)

g.

Onsite Wastewater Treatment Systems, individual, alternative.

(Amended by Ord. 4811, 11/14/2013; Amended by Ord. 4964, 12/14/2017)

h.

Utility lines for gas, electricity, television, or other similar utilities, proposed to serve five or more connections.

i.

Electrical substations subject to the performance standards and district requirements of the Public Works, Utilities and Private Service Facilities District, Section 35-88, excluding major electric transmission substations.

j.

Uses, buildings, and structures accessory and customarily incidental or similar to the above uses.

3.

Development that requires a Major Conditional Use Permit in compliance with Section 35-172 (Conditional Use Permits) and a Coastal Development Permit issued in compliance with Section 35-169 (Coastal Development Permits):

(Added by Ord. 4084, 12/15/1992)

a.

Seawater desalination projects including intake, storage, treatment, distribution lines and ancillary facilities, proposed to serve from 15 to 199 domestic, commercial, industrial, or recreational connections.

b.

Bulk water importation facilities, including but not limited to, those associated with ocean going vessels, or other similar facilities.

c.

Wastewater treatment plants, wastewater package plants, reclamation facilities, or other similar facilities, proposed to serve up to 199 connections.

d.

Electrical transmission lines.

e.

Uses, buildings, and structures accessory and customarily incidental to the above uses.

Section 35-148. - Performance Standards.

1.

Utility lines.

a.

Utilities, including television, shall be placed underground in new developments in accordance with the rules and regulations of the California Public Utilities Commission, except where cost of undergrounding

would be so high as to deny service.

b.

Annexation of a rural area(s) to a sanitary district or extensions of sewer lines into rural area(s) as defined on the Coastal Land Use Plan maps shall not be permitted unless required to prevent adverse impacts on an environmentally sensitive habitat, to protect public health, or as a logical extension of services.

c.

Water, gas, sewer, or electrical transmission and distribution lines which cross fault lines shall be subject to additional safety standards, including emergency shutoff where applicable, in accordance with appropriate P.U.C. Regulations.

(Amended by Ord. 4084, 12/15/1992)

2.

Electrical Transmission Lines.

a.

Transmission line rights-of-way shall be routed to minimize impacts on the viewshed in the coastal zone, especially in scenic rural areas, and to avoid locations which are on or near habitat, recreational, or archaeological resources, whenever feasible. Scarring, grading, or other vegetative removal shall be repaired, and the affected areas revegetated with plants similar to those in the area to the extent safety and economic considerations allow.

b.

In important scenic areas, where above-ground transmission line placement would unavoidably affect views, undergrounding shall be required where it is technically and economically feasible unless it can be shown that other alternatives are less environmentally damaging. When above-ground facilities are necessary, design and color of the support towers shall be compatible with the surroundings to the extent safety and economic considerations allow.

3.

Water Wells.

a.

In the furtherance of better water management, the County may require applicants to install meters on private wells and to maintain records of well extractions for use by the appropriate water district.

b.

Within designated urban areas, new development other than that for agricultural purposes shall be serviced by the appropriate public sewer and water district or an existing mutual water company, if such service is available.

4.

Lot Size. Subject to the issuance of a Minor Conditional Use Permit, Section 35-172, lots may be reduced in size below the area and width requirements of the specific district regulations when the use of such lots is limited to facilities subject to the provisions of this Division.