§ 35.22

This Chapter lists the land uses that may be allowed within the Resource Protection zones established by Section 35.14.020 (Zoning Map and Zones), determines the type of planning permit/approval required for each use, and provides basic standards for site layout and building size.

A.

The purpose of the MT-GAV (Mountainous - Gaviota), MT-GOL (Mountainous - Goleta), MT-TORO (Mountainous - Toro Canyon), and RMZ (Resource Management) zones is to protect lands that are unsuited for intensive development and that have:

1.

Slopes in excess of 40 percent; or

2.

Valleys surrounded by slopes exceeding 40 percent; or

3.

Isolated table land surrounded by slopes exceeding 40 percent; or

4.

Areas with outstanding resource values, including environmentally sensitive habitats and/or watersheds.

The intent is to allow reasonable but limited development because of extreme fire hazards, minimum services, and/or environmental constraints, and to encourage the preservation of these areas for uses including grazing, scientific and educational study, and limited residential uses.

A.

General permit requirements. Table 2-4 (Allowed Land Uses and Permit Requirements for Resource Protection Zones) identifies the uses of land allowed by this Development Code in each Resource Protection Zone, and the planning permit required to establish each use, in compliance with Section 35.20.030 (Allowable Development and Planning Permit Requirements).

B.

Requirements for certain specific land uses. Where the last column ("Specific Use Regulations") in Table 2- 4 (Allowed Land Uses and Permit Requirements for Resource Protection Zones) includes a section number, the referenced Section may affect whether the use requires a Land Use Permit, Development Plan, Minor Conditional Use Permit or Conditional Use Permit, and/or may establish other requirements and standards applicable to the use.

C.

Development Plan approval required.

1.

MT-GAV, MT-GOL, and MT-TORO zones. Final Development Plan approval in compliance with Section 35.82.080 (Development Plans) is required prior to the approval of a Land Use Permit in compliance with Section 35.82.110 (Land Use Permits) or the issuance of a Zoning Clearance in compliance with Section

35.82.210 (Zoning Clearances) for a structure, other than an agricultural reservoir, that is not otherwise required by this Development Code to have discretionary permit approval and is 20,000 or more square feet in gross floor area, or is an attached or detached addition that together with existing structures on the site will total 20,000 square feet or more in gross floor area.

2.

RMZ zone. Final Development Plan approval is required for all development, including grading.

D.

Design Review required. Design Review may be required prior to the approval of a planning permit for a structure, or an addition to or an alteration of, an existing structure in compliance with Section 35.82.070 (Design Review).

E.

Accessory structures and uses. Each use allowed by Table 2-4 (Allowed Land Uses and Permit Requirements for the Resource Protection Zones) may include accessory structures and uses that are customarily incidental to the primary use.

Key to Zone Symbols

Notes:

(1) See Article 35.11 (Glossary) for land use definitions.

(2) Development Plan approval may also be required; see Subsection 35.22.030.C.

(3) On one or more locations or lots under the control of an operator that do not exceed a total area of one acre; if the total area exceeds one acre, than a CUP is required.

Key to Zone Symbols

Notes:

(1) See Article 35.11 (Glossary) for land use definitions.

(2) Development Plan approval may also be required; see Subsection 35.22.030.C.

(3) A change of use to a large or small family day care home, serving children, is exempt from zoning permits. An application to construct a new structure to be used as a large or small family day care home, serving children, is subject to the same standards and permit requirements as a proposal to construct a residential structure in the same zone.

(4) Day care centers serving up to and including fifty (50) children may be permitted with a Land Use Permit in compliance with Section 35.82.110 (Land Use Permits).

Key to Zone Symbols

Notes:

(1) See Article 35.11 (Glossary) for land use definitions.

(2) Development Plan approval may also be required; see Subsection 35.22.030.C.

(3) Use is subject to the standards of the PU zone.

(4) Does not include lines outside the jurisdiction of the County.

• (5) Not applicable to facilities constructed by the County.

• (Ord. No. 5167, § 3, 11-29-2022; Ord. No. 5202, § 2, 2-13-2024)

Each subdivision and residential development shall comply with the following minimum lot area and building site requirements for the applicable zone.

A.

Minimum lot size. Each lot in a proposed subdivision shall comply with the minimum gross lot area requirements in Table 2-5 (Minimum Lot Area/Building Site Area). Minimum lot width and depth shall be determined by the review authority through the subdivision approval process.

B.

Minimum building site area for residential use. Each primary dwelling shall be located on a lot with the minimum gross area shown in Table 2-5 (Minimum Lot Area/Building Site Area). A dwelling and its accessory structures and uses may also be located on a smaller existing legal lot, except for a fraction lot.

Table 2-5- Minimum Lot Area/Building Site Area

35.22.050 - Resource Protection Zones Development Standards

A.

General development standards. Development within the Resource Protection zones shall be designed, constructed, and established in compliance with the requirements in Table 2-6 (MT and RMZ Zones Development Standards), below and all applicable standards in Article 35.3 through Article 35.7 of this Development Code.

B.

Community Plan overlay requirements. Section 35.28.210 (Community Plan Overlays) establishes additional requirements and standards that apply to development and uses located in an applicable community or area plan as specified in Section 35.28.210 (Community Plan Overlays).

Table 2-6- MT and RMZ Zones Development Standards

The approval of a Conditional Use Permit or Minor Conditional Use Permit in a Resource Protection zone shall require that the review authority first make the applicable findings in Section 35.82.060 (Conditional Use Permits and Minor Conditional Use Permits), including any specific findings required for the applicable zone.