§ 35.400

The Santa Barbara County Montecito Land Use and Development Code, hereafter referred to as the "Development Code," constitutes a portion of Chapter 35 of the Santa Barbara County Code. This Development Code carries out the policies of the Santa Barbara County Comprehensive Plan, including the Montecito Community Plan, by classifying and regulating the uses of land and structures within the Montecito Community Plan area, consistent with the Comprehensive Plan. This Development Code is adopted to protect and to promote the public health, safety, comfort, convenience, prosperity, and general welfare of residents, and businesses in the Montecito community. More specifically, the purposes of this Development Code are to:

A.

Provide standards and guidelines for the continuing orderly growth and development of the Montecito community that will assist in protecting the character and stability (social and economic) of agricultural, residential and commercial uses, as well as the character and identity of the Montecito community;

B.

Conserve and protect the Montecito's natural beauty and setting, including waterways, hills and trees, scenic vistas, and historic and environmental resources;

C.

Create a comprehensive and stable pattern of land uses upon which to plan transportation, water supply, sewerage, energy, and other public facilities and utilities;

D.

Encourage the most appropriate uses of land in order to prevent overcrowding of land and avoid undue concentration of population, and maintain and protect the value of property; and

E.

Ensure compatibility between different types of development and land use.

35.400.020 - Authority, Relationship to Comprehensive Plan

A.

Authority. The regulations within this Development Code are enacted based on the authority vested in the Santa Barbara County by the State of California, including: the California Constitution; the Planning and Zoning Law (Government Code Section 65000 et seq.); the Subdivision Map Act (Government Code Section 66410 et seq.); and the California Environmental Quality Act (Public Resources Code Section 21000 et seq.).

B.

Consistency with Comprehensive Plan and Montecito Community Plan. This Development Code is a primary tool used by the County to carry out the goals, objectives, and policies of the Santa Barbara County Comprehensive Plan, including the Montecito Community Plan. The Santa Barbara County Board of Supervisors intends that all provisions of this Development Code be consistent with the Comprehensive Plan and Montecito Community Plan and that any land use, subdivision, or development approved in compliance with these regulations will also be consistent with the Comprehensive Plan and Montecito Community Plan.

A.

Responsible bodies and individuals. This Development Code shall be administered by:

1.

The Santa Barbara County Board of Supervisors, hereafter referred to as the "Board;"

2.

The Montecito Planning Commission, hereafter referred to as the "Montecito Commission;"

3.

The Montecito Board of Architectural Review;

4.

The Director of the Santa Barbara County Planning and Development Department, hereafter referred to as the "Director;" and

5.

The Santa Barbara County Planning and Development Department is hereafter referred to as the "Department."

B.

Responsibility and authority of Director. Whenever this Division refers to the Department, it is expressly understood that the Department staff are acting under the direction and control of the Director and that they report directly to the Director rather than the Montecito Commission, or Board.

This Development Code applies to all land uses, subdivisions, and development within the Montecito Community Plan Area, as follows.

A.

New land uses or structures, changes to land uses or structures. It shall be unlawful, and a violation of this Development Code for any person to establish, construct, reconstruct, alter, or replace any use of land or

structure, except in compliance with the requirements of Section 35.420.020 (Prerequisites for Development and New Land Uses), and Chapter 35.491 (Nonconforming Uses, Structures, and Lots). No Building Permit or Grading Permit shall be issued by the Department unless the proposed construction complies with all applicable provisions of this Development Code.

B.

Subdivisions. Any subdivision of land proposed within the County after the effective date of this Development Code shall be consistent with the minimum lot area and width requirements of Division 35.2 (Montecito Zones and Allowable Land Uses), unless a reduction is allowed in compliance with Section 35.472.180 (Variances), the County's Subdivision Regulations (County Code Chapter 21), and all other applicable requirements of this Development Code.

C.

Continuation of an existing land use. An existing land use is lawful and not in violation of this Development Code only when operated and maintained in compliance with all applicable provisions of this Development Code, including Chapter 35.491 (Nonconforming Uses, Structures, and Lots). However, the requirements of this Development Code are not retroactive in their effect on a land use that was lawfully established before the effective date of this Development Code or any applicable amendment, except as otherwise provided by Chapter 35.491 (Nonconforming Uses, Structures, and Lots).

D.

Effect of Development Code changes on projects in progress. A project that is under construction on the effective date of this Development Code or any Amendment, need not be changed to satisfy any new or different requirements of this Development Code, provided that construction, (i.e., the placing of construction materials in permanent position and fastened in a permanent manner) was lawfully begun prior to the effective date of this Development Code or any Amendment.

E.

Incorporation of existing ordinances and development plans. Previously adopted ordinances which added development and zone text provisions applicable to particular property in compliance with the following provisions of previously adopted zoning regulations are hereby incorporated by reference into this Section and shall have the same force and effect as if the provisions of those ordinances were specifically and fully set forth in this Section.

1.

Ordinances.

a.

Ordinance No. 453, Article 3.1.

b.

Preliminary Development Plans incorporated into rezoning ordinances in compliance with Article II of Chapter 35 of the County Code.

c.

Preliminary Development Plans incorporated into rezoning ordinances in compliance with Article IV of Chapter 35 of the County Code.

2.

Development Plans, Precise Plans, and Plot Plans.

a.

Development Plans and Precise Plans previously adopted in compliance with Ordinance No. 453.

b.

Development Plans previously adopted in compliance with Article IV of Chapter 35 of the County Code.

F.

Conflicting requirements.

1.

Development Code and County Code provisions. If conflicts occur between requirements of this Development Code, or between this Development Code and the Santa Barbara County Code, or other regulations of the County, the most restrictive shall control unless specifically indicated otherwise.

2.

Development Agreements or Specific Plans. If conflicts occur between the requirements of this Development Code and standards adopted as part of any Development Agreement or applicable Specific Plan, the requirements of the Development Agreement or Specific Plan shall apply.

3.

Private agreements. This Development Code applies to all land uses and development regardless of whether it imposes a greater or lesser restriction on the development or use of structures or land than a private agreement or restriction (for example, CC&Rs) without affecting the applicability of any agreement or restriction. The County shall not enforce any private covenant or agreement unless it is a party to the covenant or agreement, or a portion thereof.

G.

State, County, Local Agency, and School District sites and facilities. The provisions of this Development Code do not apply to the following governmental properties and activities.

Development by the Federal Government on leased or federally owned land.

2.

Development by the County or any district of which the Board is the governing body.

3.

Development within any state university or college.

4.

Development by the State or an agency of the State acting in its sovereign (governmental) capacity.

5.

Certain facilities of local agencies as defined in Government Code Section 53090 et seq.

H.

Other requirements may apply. Nothing in this Development Code eliminates the need for obtaining any other permits required by the County, or any permit, approval or entitlement required by any other applicable special district or agency, and/or the regulations of any State, or Federal agency.

If any division, section, sentence, clause or phrase of this Development Code is for any reason held to be unconstitutional or invalid such decision shall not affect the validity of the remaining portions of this Development Code. The Board hereby declares that it would have passed this Development Code and each section, subsection, sentence, clause or phrase hereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared unconstitutional or invalid.

CHAPTER 35.402 - INTERPRETATION OF CODE PROVISIONS