§ 35.28 — Santa Barbara County Planning Code

35.28.010 - Purpose ¶

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This Chapter provides additional standards designed to protect sensitive resources, ensure reasonable development and housing opportunities and to promote the public health, safety and welfare of the community.

35.28.020 - Applicability of Overlay Zones ¶

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The provisions of this Chapter apply to development and land uses in addition to all other applicable requirements of this Development Code. Any conflict between the provisions of this Chapter and any other provision of this Development Code shall be resolved in compliance with Subsection 35.10.040.F (Conflicting requirements) or as specifically indicated within the following sections of this Chapter.

A.

Mapping of overlay zones. The applicability of any overlay zone to a specific site is shown by the overlay zone Zoning Map symbol established by Section 35.14.020 (Zoning Map and Zones), being appended as a suffix to the symbol for the primary zone on the Zoning Map. The overlay zones are applied to property through the rezoning process in compliance with Chapter 35.104 (Amendments) subject to any specific rezoning requirements of the applicable overlay zone.

B.

Allowed land uses, permit requirements, development standards. Except as may be otherwise provided by this Chapter for a specific overlay zone:

Any land use normally allowed in the primary zone by this Chapter may be allowed within an overlay zone, subject to any additional requirements of the overlay zone;

2.

Development and land uses within a overlay zone shall obtain the planning permits required by this Chapter for the primary zone, and the overlay zone, as applicable; and

3.

Development and land uses within an overlay zone shall comply with all applicable development standards of the primary zone and the overlay zone, except as modified by this Chapter.

35.28.030 - Affordable Housing (AH) Overlay Zone ¶

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A.

Purpose and intent. The Affordable Housing (AH) overlay zone is intended to promote affordable housing production, and implement the policies of the Housing Element by providing substantial incentives to developers through standards of development and performance.

B.

Applicability.

1.

Density bonus. A residential development project within the AH overlay zone is eligible for increased density up to the maximum number of units designated by the overlay zone on the Zoning Map provided that either:

a.

Thirty percent or more of all new units are available to very low income households; or

b.

Fifty percent or more of all new units are available to a mix of very low, low, lower-moderate and uppermoderate income units according to the proportional allocations for each income category as indicated in Table 2-26 (AH Overlay 50% Mix Allotment) below:

Table 2-26- AH Overlay 50% Mix Allotment

Afordable Housing Overlay (AHO) Density	Very Low (0% to 50% of median income)	Low (>50% to 80% of median income)	Lower Moderate (>80% to 100% of median income)	Upper Moderate (>100% to 120% of median income)
AHO density represents a 50% or greater increase over base density	N/A	50%	25%	25%

AHO density represents less than a 50% increase over base density

N/A 33% 33% 34%

The density increase shall be inclusive of the density bonus authorized by state law (e.g., density increase must be at least 20 percent over the base density as required by Government Code Sections 65915 and 65918 or successor statutes. The maximum density for a lot within the AH overlay shall be indicated on the Zoning Map.

2.

Relationship to primary zone. Each land use and proposed development within the AH overlay shall comply with all applicable requirements of the primary zone in addition to the requirements of this Section. If a requirement of this Section conflicts with a requirement of the primary zone, the requirements of this Section shall control.

C.

Allowable land uses. The following land use types may be permitted on a site within the AH overlay zone:

1.

Any land use allowed in the primary zone, subject to the permit requirements established by the primary zone for the use; and

2.

With the approval of a Development Plan in compliance with Section 35.82.080 (Development Plans) onefamily dwellings, two-family dwellings, apartments, condominiums, townhouses, cluster housing, planned unit developments, small lot planned developments and stock cooperatives, that contain a minimum of either 30 percent or 50 percent affordable housing units developed and intended to be purchased or rented subject to the County's Affordable Housing Program criteria and formulas established for very low, low, lower-moderate and upper-moderate income households.

D. Permit and processing requirements.

1.

Final Development Plan required. Final Development Plan approval in compliance with Section 35.82.080 (Development Plans) is required prior to the approval of a Land Use Permit for all development, including grading. Final Development Plan approval shall be subject to conditions and requirements determined by the review authority to be appropriate and necessary to ensure compliance with the purposes of the County's affordable housing program, the Housing Element and applicable provisions of the Comprehensive Plan.

Fast track processing. Each qualifying AH overlay project shall be subject to the fast track permit process outlined in the Housing Element Implementation Guidelines, to ensure that each AH overlay zone project receives timely and preferential processing.

3.

Pre-application procedure. Prior to submitting an application for an AH overlay zone project, the applicant should obtain pre-application and other preliminary consultations with the Department and other officials to obtain information and guidance before entering into binding commitments and incurring substantial expense in the preparation of plans, surveys and other data. These preliminary consultations shall relate to a specific development proposal that outlines the concept and characteristics of the project.

C.

Role of Airport Land Use Commission (ALUC).

1. Review of proposed development.

a.

An application for development approval that is determined by the Department to be consistent with the provisions of this overlay zone shall not be subject to review by the ALUC.

b.

An application for development approval that is determined by the Department to be inconsistent or potentially inconsistent with the provisions of this overlay zone shall be referred to the ALUC for a determination as to whether the application is consistent with the provisions of the Airport Land Use Plan (ALUP).

c.

No permit for a project determined by the Department to be inconsistent or potentially inconsistent with the provisions of this overlay zone shall be approved or recommended for approval until the ALUC has reviewed the application and determined whether the project is consistent with the ALUP; however, the failure of the ALUC to render its determination within 60 days of the referral shall be construed as a finding that the proposed development is consistent with the ALUP.

d.

By a majority of their total membership the Commission and/or Board may approve a discretionary permit, or a discretionary or ministerial permit on appeal, accompanied by findings, based upon substantial evidence in the public record, that the proposed development is consistent with the purpose and intent expressed in Public Utilities Code Section 21670.

2.

Review of proposed amendments. The proposed adoption or Amendment of any portion of the Comprehensive Plan and/or any Specific Plan, zoning or building regulation, that may apply to any property within a Clear and/or Approach Zone, shall be referred to the ALUC for determination as to the consistency of the proposed action with the adopted ALUP. A finding by the ALUC that the proposed action is not consistent with the ALUP, including recommended project modifications and/or conditions deemed necessary by the ALUC to achieve consistency, may be overridden only by a two-thirds vote of the total membership of the Board accompanied by findings, based upon substantial evidence in the public record, that the proposed action is consistent with the purpose and intent expressed in Public Utilities Code Section 21670.

D.

Description of the Airport Clear and Approach Zones. Airport Clear Zones and Airport Approach Zones are subject to particular hazards, requiring land use restrictions to promote the public safety and preserve

navigable airspace. The Clear and Approach Zones and their boundaries are described as follows. Land use regulations within the Clear Zones and Approach Zones are detailed in Subsection E. (Land use standards) below, height restrictions and additional land use guidelines are detailed in Subsection F. (Development standards) below.

1.

Airport Clear Zone, F(CLR). Airport Clear Zones are located immediately adjacent to the ends of airport runways. The Clear Zone dimensions applicable to each runway of the County's airport are described in Subsection D.3 (Physical dimensions) below. The Clear Zones are shown in the Land Use Element, and are designated on the zoning maps by the symbol F(CLR). Airport Clear Zone areas experience greater noise and safety hazards than Airport Approach Zones, and are subject to more restrictive land use limitations.

2.

Airport Approach Zones, F(APR). Airport Approach Zones are extensions of the Airport Clear Zones. The Approach Zone dimensions applicable to each runway of the County's airports are described in Subsection D.3 (Physical dimensions) below. The Approach Zones are shown in the Land Use Element, and are designated on the zoning maps by the symbol F(APR). Airport Approach Zones are subject to lesser noise and safety hazards than the Airport Clear Zones, and thus are subject to less restrictive land use limitations.

3.

Physical dimensions. The Airport Clear and Approach Zones form a continuous horizontal plane surface adjacent to the end of the affected runway. The ends of runways lie 200 feet within the ends of a "primary surface" as defined in Federal Aviation Regulations (FAR) Part 77.25(c). This surface has the geometric form of an isosceles trapezoid, extending outward from the runway end and bisected by an extension of the runway centerline. Table 2-27 (Airport Clear and Approach Zone Dimensions) identifies the specific dimensions of these zones for each county airport runway. Also see Figure 2-3 (Airport Clear and Approach Zones).

Table 2-27- Airport Clear and Approach Zone Dimensions

Airport	Runway	W1 (1)	W2	D1 (1)	D2 (1)
Lompoc	7-25	460 ft	1,500 ft	1,200 ft	5,200 ft
Santa Barbara	7	940 ft	4,000 ft	2,700 ft	10,200 ft
	25	940 ft	4,000 ft	1,900 ft	10,200 ft
	15-33	460 ft	1,500 ft	1,200 ft	5,200 ft
Santa Maria	12	940 ft	4,000 ft	2,700 ft	10,200 ft
	30	940 ft	4,000 ft	1,900 ft	10,200 ft
	2-20	460 ft	1,500 ft	1,200 ft	5,200 ft
Santa Ynez	8-26	460 ft	1,500 ft	1,200 ft	5,200 ft

Notes:

The dimensions W1, D1, and D2 in the above table have been adjusted to account for their being measured from the end of the runway rather than from the end of the primary surface defined in FAR Part 77.25(c). These adjustments have been made so that the Clear and Approach Zone dimensions may be measured from commonly mapped and determinate physical features, while being coterminous with the Clear and Approach Zones defined in the Airport Land Use Plan.

E.

Land use standards. Each land use proposed within an Airport Clear or Approach Zone shall comply with all of the following standards.

1.

Uses prohibited in all zones. The following uses are prohibited in both the Airport Clear or Airport Approach zones:

a.

A use that would direct steady or flashing lights at aircraft during initial climb or final approach, other than an FAA approved navigational signal or visual approach slope indicator (VASI);

b.

A use that would cause sunlight to be reflected toward an aircraft on initial climb or final approach;

c.

A use that would generate smoke or attract large concentrations of birds, or which may otherwise affect safe aviation within the area;

d.

A use that would generate electrical interference that may be detrimental to the operation of aircraft, communications, or airport instrumentation.

==> picture [264 x 189] intentionally omitted <==

Figure 2-3 - Airport Clear and Approach Zones

Airport Clear Zones. The following requirements apply within the Airport Clear Zones in addition to those in Subsection E.1 (Uses prohibited in all zones) above.

a.

Prohibited uses. The following uses are prohibited within Airport Clear Zones:

(1)

All residential uses;

(2)

Hazardous uses including above-ground oil, gas, or chemical storage, except as permitted under Subsection F.3 below;

(3)

Any use that may result in a long- or short-term concentration of people greater than 25 persons per gross acre, unless the use is found consistent with the Airport Land Use Plan by the ALUC, or is approved by the Board of Supervisors upon a two-thirds vote of its total membership with specific findings, based upon substantial evidence in the public record, that the proposed development is consistent with the purpose an intent expressed in Public Utilities Code Section 21670.

b.

Examples of permitted uses. The following are examples of uses permitted within the Airport Clear Zones, where allowed by the primary zone, subject to the general exclusions in Subsection E.1 (Uses prohibited in all zones) above.

(1)

Aeronautical facilities (e.g., instrument landing navigation aids and equipment buildings, visual navigation aids, weather data instruments, fencing and access roadways to protect and serve aeronautical installations, and airport entrance roadways);

(2)

Agriculture and agricultural storage;

(3)

Automobile sales display areas;

(4)

Automobile wrecking yards;

(5)

Building contractors' yards;

(6)

Building materials storage and wholesale yards;

(7)

Hay, grain, and feed wholesale yards;

(8)

Mini-storage warehouses;

(9)

Open space;

(10)

Parking lots, including those that may serve areas or uses not within airport clear zones;

(11)

Recreational vehicle and boat storage yards;

(12)

Truck, bus, and construction equipment storage yards;

(13)

Wholesale nurseries;

(14)

Any other use that the ALUC finds consistent with the ALUP, or that is approved by a two-thirds vote of the Board with specific findings, based upon substantial evidence in the public record, that the proposed development is consistent with the purpose and intent expressed in Public Utilities Code Section 21670.

3.

Airport Approach Zones. The following uses generally are not permitted within one mile of the runway end in the Airport Approach Zones, unless found consistent with the ALUP by the ALUC, or approved by a twothirds vote of the Board's total membership with specific findings, based upon substantial evidence in the public record, that the proposed development is consistent with the purpose and intent expressed in Public Utilities Code Section 21670:

a.

Residential development, except for reconstruction, alterations, construction of new one-family homes on existing legal lots and one-family residential land divisions representing a density less than or equal to four units per gross acre; and

b.

Nonresidential development that would concentrate more than 25 persons per gross acre, including schools, office buildings, shopping centers, hospitals, and stadiums.

F.

Development standards.

1.

Height limits.

a.

Airport Clear and Approach Zones. The height limits required by this Subsection apply within both the Clear and Approach Zones, and certain uses may require an assessment for possible airspace obstruction. These restrictions and requirements complement, but do not supersede the requirements of the Federal Aviation Regulations Part 77.

Within both the Airport Clear Zones and the Approach Zones, the highest point of any structure, improvement, or vegetation above the elevation of the respective runway end shall not exceed one vertical foot per the number of feet of horizontal distance between the structure or improvement and the runway end, as shown in the following table; provided that this Section shall not prevent the establishment or maintenance of a structure or improvement not exceeding 15 feet in height above the elevation of the runway end.

Table 2-28- Airport Clear and Approach Zone Dimensions

Airport	Runway	Horizontal Distance Factor
Lompoc	7	20 ft
	25	34 ft
Santa Barbara	7	50 ft
	25	34 ft
	15-33	20 ft
Santa Maria	12	50 ft
	30	34 ft
	2-20	20 ft
Santa Ynez	8-26	20 ft

b.

Airport Land Use Commission (ALUC) Planning Boundary. Each application for proposed structures, improvements, or vegetation that exceeds the following height within the ALUC Planning Boundary shown on the maps of the adopted ALUP which includes but extends beyond the Clear and Approach Zones, shall be referred to the ALUC for review and possible subsequent referral to the Federal Aviation Administration (FAA) and the affected airport operator for an assessment of potential airspace obstruction. Referral is required for all proposed structures, improvements, and vegetation with a maximum height above site grade exceeding the lesser of:

(1)

One vertical foot for each 100 horizontal feet from the nearest point of the nearest airport runway or heliport; or

(2)

45 feet.

This referral process is intended to simplify identifying most potential airspace obstructions beyond the boundaries of the Airport Clear and Approach Zones. This process is intended to complement, but not supersede related notification requirements specified in FAR Part 77. This process does not relieve the applicant of responsibility for direct notification of the FAA Administrator under FAR Part 77. This procedure is not intended to affect the timing of normal Departmental processing of the development permit application.

2.

Noise standards. New residential uses, and the conversion of an existing structure to a residential use on property within an F overlay zone, shall be approved only with conditions that:

a.

Each unit and associated structures and areas exposed to airport noise levels of 65 dB LDN (or CNEL) or greater shall be subject to an avigation/noise easement or easements, which shall be of a form and content approved by the County in consultation with the affected airport operator;

b.

Any prospective buyer, lessee, or renter shall be notified in writing, prior to entering any sale, lease, or rent contract, if any exterior living area associated with a unit for sale, lease, or rent is exposed to airport noise levels of 65 dB LDN (or CNEL) or greater; and

c.

The State Department of Real Estate Public Report (for any subdivision, condominium project) shall disclose whether any unit is within a 65+ dB LDN (or CNEL) airport noise exposure area, and shall refer to any avigation/noise easement affecting the unit.

3.

Hazardous materials. Prior to the issuance of a Land Use Permit in compliance with Section 35.82.110 (Land Use Permits) or a Zoning Clearance in compliance with Section 35.82.210 (Zoning Clearances) for a use located within a Clear Zone that involves the storage of more than 10 gallons of flammable liquid or hazardous material:

a.

The County Public Health Department and the Fire Department having inspection, permit, and/or emergency response responsibility for that location shall review the proposed use, and

b.

Any potential hazards associated with the storage of said materials shall be mitigated to the reasonable satisfaction of the County Public Health Department and applicable Fire Department.

35.28.070 - Critical Viewshed Corridor (CVC) Overlay Zone

A.

Purpose and intent. The Critical Viewshed Corridor (CVC) overlay zone is applied to property in the Gaviota Coast Plan area to provide enhanced protection to the critical coastal viewsheds of the Gaviota Coast from inappropriate development. The intent is to ensure that development is sited and/or screened in a manner that will reduce impacts to the public viewshed while allowing for reasonable development.

B.

Applicability. This overlay zone is applied in the Gaviota Coast Plan area to the visually critical near-field viewsheds located to the north and south of Highway 101 as shown on the County zoning map. All development within this overlay zone is subject to the requirements of this overlay zone except as provided below:

1.

Single agricultural structures with an individual gross floor area of less than 5,000 square feet are not subject to the requirements of this overlay zone provided:

a.

The existing cumulative structural development located on the lot that the structure is proposed to be located on does not exceed a footprint area of 10,000 square feet.

b.

The structure(s) complies with the following standards:

(1)

All exterior lighting is in compliance with the following:

(a)

The lighting is required for safety purposes only.

(b)

Outdoor lighting complies with Section 35.30.120 (Outdoor Lighting).

(2)

The structure uses building materials, earth tone colors, and non-reflective paints that are compatible with the surrounding natural environment to maximize the visual compatibility of the development with surrounding areas.

C.

Relationship to primary zone. Each land use and proposed development within the CVC overlay zone shall comply with all applicable requirements of the primary zone, in addition to the requirements of this Section.

D.

Permit and processing requirements.

1.

Design review required. Except for development that is exempt from the requirements of this overlay zone in compliance with Subsection B (Applicability), above, all structural development proposed on a lot located within the CVC overlay zone shall require Design Review in compliance with Section 35.82.070 (Design Review) prior to the issuance of a Land Use Permit in compliance with Section 35.82.110 (Land Use Permits) or a Zoning Clearance in compliance with Section 35.82.210 (Zoning Clearances).

2.

Application requirements. An application for Design Review shall be submitted in compliance with Chapter 35.80 (Permit Application Filing and Processing).

3.

Criteria for approval. The Board of Architectural Review may approve or conditionally approve the application only if it determines that the project conforms to the following standards:

a.

Screening. Development is screened to the maximum extent feasible as seen from public viewing places. Screening shall be achieved to the maximum extent feasible through adherence to the Site Design Hierarchy within the Gaviota Coast Plan Design Guidelines.

b.

Landscaping. Landscaping, not including any agricultural crop or orchard, when mature, does not obstruct public views of the mountains or the ocean.

c.

Ocean views. Development is sited and designed to preserve unobstructed broad views of the ocean from Highway 101, and is clustered to the maximum extent feasible.

d.

Structure height.

(1)

The height of any structure located south of Highway 101 does not exceed 15 feet unless an increase in height would facilitate clustering of development and result in greater view protection, or a height in excess of 15 feet would not impact public views to the ocean.

(2)

Visible portions of structures located on lots having unobstructed broad view of the ocean shall be

designed so that any intrusions into the view of the ocean, as seen from public viewing areas, is minimized to the maximum extent feasible.

(3)

The height and/or scale development is harmonious with the surrounding area.

(4)

The appearance of the development is not undesirable or unsightly.

4.

Appeal. The action of the Board of Architectural Review may be appealed in compliance with Chapter 35.102 (Appeals).

E.

Land use limitations.

1.

Greenhouses. Greenhouses are limited to 4,000 square feet per lot.

2.

Overhead electrical transmission and distribution lines. New overhead electrical transmission and distribution lines for non-agricultural development that are subject to regulation by the County are prohibited within the CVC overlay zone.

(Ord. No. 5238, § 4, 2-11-2025)

35.28.080 - Design Control (D) Overlay Zone ¶

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A.

Purpose and intent. The Design Control (D) overlay zone is applied where, because of visual resources and/or unique neighborhood characteristics, plans for new or altered structures require Design Review. The intent is to ensure well designed development and to protect scenic qualities, property values, and neighborhood character.

B.

Applicability. Each land use and proposed development within the D overlay zone shall comply with all applicable requirements of the primary zone, in addition to the requirements of this Section.

C.

Permit and processing requirements. The plans for each new or altered structure within the D overlay zone shall be submitted for Design Review in compliance with Section 35.82.070 (Design Review), except as shown below:

1.

Eastern Goleta Valley. The plans for each new or altered structure subject to the Eastern Goleta Valley Design Guidelines shall be submitted for Design Review in compliance with Section 35.82.070 (Design Review) if required by Subsection E.2, below.

2.

Los Alamos Community Plan area. The plans for each new or altered structure subject to the Los Alamos Bell Street Design Guidelines shall be submitted for Design Review in compliance with Section 35.82.070 (Design Review) if required in compliance with Subsection 35.28.080.F.2.

D.

Setbacks, height limits, and other zoning requirements. New construction and alterations shall comply with the regulations of the primary zone, except that when the primary zone allows modifications of the regulations by the Director, Zoning Administrator, or Commission, the Board of Architectural Review may recommend the modifications of setbacks, height limits, and other requirements to protect visual resources.

E. Eastern Goleta Valley.

1.

c.

Structures that cannot be viewed from public roadways or other areas of public use. Landscape screening shall not be taken into consideration when determining whether the structure is visible from public roadways or other areas of public use.

d.

Structures exempt from Design Review in compliance with Subsection 35.82.070.C.

35.28.090 - Reserved ¶

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35.28.100 - Environmentally Sensitive Habitat Area Overlay Zone

A.

Purpose and intent. The Environmentally Sensitive Habitat Area (ESH) overlay zone is applied to areas with unique natural resources and/or sensitive animal or plant species, and/or their habitats, where existing and

potential development and other activities may despoil or eliminate the resource. This overlay is intended to:

1.

Protect and preserve specified areas in which plant or animal species or their habitats are either rare or especially valuable because of their role in the ecosystem, and that could be easily disturbed or degraded by human activities and developments; and

2.

Ensure that each project permitted in the overlay zone is designed and carried out in a manner that will provide the maximum feasible protection to sensitive habitat areas.

B.

Applicability.

1.

The Environmentally Sensitive Habitat Area overlay zone is applied within the Eastern Goleta Valley Community Plan, the Gaviota Coast Plan, the Goleta Community Plan, the Mission Canyon Community Plan, and the Toro Canyon Plan areas. The requirements of this Section shall apply to:

a.

Areas within the Eastern Goleta Valley Community Plan area designated as ESH-GOL on the Zoning Map.

b.

Areas within the Gaviota Coast Plan designated as ESH-GAV on the Zoning Map.

c.

Areas within the Goleta Community Plan designated as ESH-GOL on the Zoning Map.

d.

Areas within the Mission Canyon Community Plan designated as ESH-MC on the Zoning Map.

e.

Areas within the Toro Canyon Plan designated as ESH-TCP on the Zoning Map.

2.

Relationship to primary zone. Each land use and proposed development on property designated as ESHGAV, ESH-GOL, ESH-MC or ESH-TCP shall comply with all applicable requirements of the primary zone, in addition to the requirements of this Section.

Additional requirements. The biological resource policies and development standards in the Toro Canyon Plan shall apply to any area designated as ESH-TCP in addition to the requirements of this Section unless it is determined that the project is not located in or within 100 feet of an environmentally sensitive habitat area in compliance with Subsection B.4.c, below.

3.

Overlay zone boundary. The Zoning Map, and the process described in Subsection B.4 (Environmentally sensitive habitat area boundary determination), below, shall guide determining whether the requirements of this Section apply to any area designated as ESH-GAV, ESH-GOL, ESH-MC or ESH-TCP.

4.

Environmentally sensitive habitat area boundary determination. The determination of the boundary of an environmentally sensitive habitat area shall occur during permit application review.

a.

ESH-GAV.

1.

Land Use Permit requirement and exemptions.

a.

Land Use Permit required. The issuance of a Land Use Permit in compliance with Section 35.82.110 (Land Use Permits) shall be required for the following activities located within the Gaviota Coast Plan area, except

when the activity occurs as part of an agricultural use, as defined by this Development Code, when located on lots with an agricultural zone designation, i.e., AG-I or AG-II, or the activity is exempt from this requirement as provided in Section 35.28.100.C.1.b, below.

(1)

The removal of native vegetation from an area greater than 5,000 square feet.

(2)

The removal of native riparian vegetation along 50 linear feet or more of a creek or stream.

(3)

The removal of native vegetation that, when added to the previous removal of native vegetation within the affected habitat, would total more than 5,000 square feet of native vegetation, or more than 50 linear feet of native riparian vegetation along a creek or stream.

(4)

Grading in excess of 50 cubic yards of cut or fill.

(5)

The removal of any native tree greater than six inches in diameter measured four feet above existing grade, or more than six feet in height, or non-native trees that are used as habitat by the Monarch Butterflies for roosting, or by nesting raptors, unless the Department makes one or more of the following findings:

(a)

The tree is dead and is not of significant habitat value.

(b)

The trees prevent the construction of a project for which a Land Use Permit has been issued in compliance with Section 35.82.110 (Land Use Permits) and this Section, and project redesign is not feasible.

(c)

The tree is diseased and poses a danger to healthy trees in the immediate vicinity. The Department may require evidence of this to be presented by an arborist, licensed tree surgeon, or other qualified person.

(d)

The tree is so weakened by age, disease, storm, fire, excavation, removal of adjacent trees, or any injury so as to cause imminent danger to persons or property.

b.

Exemptions from Land Use Permit requirements. The issuance of a Land Use Permit shall not be required for the following activities located within the Gaviota Coast Plan area:

(1)

The removal of vegetation along roads and driveways up to 10 feet on both sides of the roads and/or driveways.

(2)

Fuel modification for defensible space within 100 feet of an existing structure.

(3)

Fuel modification for defensible space located more than 100 feet but less than 300 feet from an existing structure following inspection by Santa Barbara County Fire Department personnel and issuance of a letter by the County Fire Department determining that more than 100 feet of fuel modification is required to provide adequate defensible space around the structure based on a site specific safety zone calculation.

(4)

In compliance with Subsection 35.10.040.G (State, County, Local Agency, and School District sites and facilities), clearing vegetation, conducting prescribed fires, maintaining fire roads, and other wildfire prevention activities by the Federal government (e.g., U.S. Forest Service) on leased or federally owned land, the County or any district of which the Board of Supervisors is the governing body (e.g., County Fire Department), and the State or an agency of the State acting in its sovereign (governmental) capacity (e.g., California Department of Forestry and Fire Prevention (CAL FIRE)).

2.

Minor Conditional Use Permit requirement. A Minor Conditional Use Permit approved in compliance with Section 35.82.060 (Conditional Use Permits and Minor Conditional Use Permits) is required where a significant amount of vegetation is proposed to be removed which would exceed one acre, or 500 linear feet of creek bank, or where grading would exceed 1,500 cubic yards of cut and fill, unless the removal occurs as part of an agricultural use, as defined by this Development Code, when located on lots with an agricultural zone designation, i.e., AG-I or AG-II.

3.

Findings required for permit approval. Prior to issuance of any planning permit for a lot located within the ESH-GAV overlay zone, the review authority shall first find that the proposed development is consistent with all applicable biological goals, objectives, policies, actions and development standards of the Gaviota Coast Plan, in addition to all other findings required by this Development Code for permit approval.

4.

Conditions of approval. A permit may be issued subject to compliance with conditions of approval that the review authority determines to be necessary to ensure consistency with habitat protection provisions of the Gaviota Coast Plan.

The conditions may, among other matters, limit the size, kind, or character of the proposed work, require replacement of vegetation, establish required monitoring procedures and maintenance activity, stage the work over time, or require the alteration of the design of the development to ensure protection of the habitat.

b.

The conditions may also include deed restrictions and easements for resource protection. Any regulation of the primary zone specifying building height limit, distance between buildings, setback, yard, parking, building coverage and landscaping or screening requirements may be altered by express conditions in the permit to achieve the purposes of this overlay zone.

D.

Permit and processing requirements, ESH-GOL. The following permit and processing requirements shall apply to lots zoned ESH-GOL.

1.

Land Use Permit requirement.

a.

Locations within the Eastern Goleta Valley Community Plan area.

(1)

Land Use Permit Required. The issuance of a Land Use Permit in compliance with Section 35.82.110 (Land Use Permits) shall be required for the following activities located within the Eastern Goleta Valley Community Plan area, except when exempt from this requirement as provided in Subsection 35.28.100.D.1.a.(2) below.

(a)

The removal of native vegetation from an area more than 5,000 square feet.

(b)

Fuel modification for defensible space for any existing structure.

(c)

The removal of native riparian vegetation along 50 linear feet or more of a creek or stream.

(d)

(e)

Grading in excess of 50 cubic yards of cut or fill.

(f)

The removal of any native tree more than six inches in diameter measured four feet above existing grade, or more than six feet in height, or non-native trees that are used as habitat by the Monarch Butterflies for roosting, or by nesting raptors, unless the Department makes one or more of the following findings:

(i)

The tree is dead and is not of significant habitat value.

(ii)

(iii)

(iv)

The tree is so weakened by age, disease, storm, fire, excavation, removal of adjacent trees, or any injury so as to cause imminent danger to persons or property.

(2)

Exemptions from Permit Requirements. The issuance of a Land Use Permit shall not be required for the following activities located within the Eastern Goleta Valley Community Plan area:

(a)

The removal of vegetation along roads and driveways up to 10 feet on both sides of the roads and/or driveways.

(b)

Fuel modification for defensible space within 100 feet of an existing structure.

(c)

(d)

b.

Locations within the Goleta Community Plan area. For development proposed within an area subject to this Section that is located within the Goleta Community Plan area, the issuance of a Land Use Permit in compliance with Section 35.82.110 (Land Use Permits) shall be required for the following, in addition to those required to have a Land Use Permit by the primary zone.

(1)

The removal of vegetation from an area greater than 5,000 square feet.

(2)

The removal of a significant amount of vegetation along 50 linear feet of creek bank.

(3)

The removal of vegetation that, when added to the previous removal of vegetation within the affected habitat, would total more than 5,000 square feet, or longer than 50 linear feet of vegetation along a creek bank.

(4)

Grading in excess of 50 cubic yards of cut or fill.

(5)

(a)

The tree is dead and is not of significant habitat value.

(b)

(c)

(d)

The tree is so weakened by age, disease, storm, fire, excavation, removal of adjacent trees, or any injury so as to cause imminent danger to persons or property.

2.

3.

Findings required for permit approval. A permit may be approved and/or issued subject to compliance with conditions of approval that the review authority determines to be necessary to protect the environmentally sensitive habitat area and to ensure consistency with the biological habitat, goals, objectives, policies, development standards, and actions of the Eastern Goleta Valley Community Plan or the Goleta Community Plan, as applicable.

4.

Conditions of approval. A permit may be approved and/or issued subject to compliance with conditions of approval that the review authority determines to be necessary to protect the environmentally sensitive habitat area and to ensure consistency with the biological habitat, goals, objectives, policies, development standards, and actions of the Goleta Community Plan.

a.

b.

E.

Permit and processing requirements, ESH-MC. The following permit and processing requirements shall apply to lots zoned ESH-MC.

(c)

(d)

The tree is so weakened by age, disease, storm, fire, excavation, removal of adjacent trees, or any nondeliberate injury so as to cause imminent danger to persons or property.

2.

Minor Conditional Use Permit requirement. Except for vegetation fuel management within 100 feet of an existing structure, the approval of a Minor Conditional Use Permit in compliance with Section 35.82.060

(Conditional Use Permits and Minor Conditional Use Permits) shall be required where native vegetation is proposed to be removed from more than one acre, or 500 linear feet of creek bank, or where grading would exceed 1,500 cubic yards of cut and fill.

3.

Finding required for permit approval. Prior to approval of any permit for a project within the ESH-TCP overlay zone, the review authority shall first find, in addition to other findings required by this Development Code, that the proposed project complies with all applicable biological resource policies and development standards in the Toro Canyon Plan.

4.

Conditions of approval. A permit shall be approved and/or issued subject to compliance with conditions of approval that the review authority determines to be necessary to protect the environmentally sensitive habitat area to the maximum extent feasible consistent with the biological resource policies and development standards of the Toro Canyon Plan.

a.

b.

The conditions may also include deed restrictions and conservation and resource easements. Any regulation of the primary zone, except permitted or conditionally permitted uses, may be altered by express conditions in the permit, to achieve the purposes of this overlay zone, provided that the alteration is not less restrictive than the regulations of the primary zone.

35.28.110 - Reserved ¶

35.28.120 - Flood Hazard Area (FA) Overlay Zone ¶

Esta sección aún no está traducida y se muestra en inglés.

A.

Purpose and intent. The Flood Hazard (FA) overlay zone is intended to promote public health, safety and welfare and to minimize public and private losses due to flood conditions in areas within the 100-year flood plain by alerting property owners that County Code Chapter 15A (Floodplain Management) applies to their property, and avoiding the exposure of new development to flood hazards, minimizing the need for future flood control protective works and resulting alteration of stream and wetland environments. This overlay zone serves as a mechanism whereby members of the public and staff can easily identify areas of special flood hazard that are subject to County Code Chapter 15A (Floodplain Management).

B.

Applicability. The requirements of this Section apply to special flood hazard areas as defined in County Code Chapter 15A (Floodplain Management).

1.

Additional standards. Each land use shall comply with the requirements of the primary zone and "development" as defined in County Code Chapter 15A shall also comply with the additional requirements in Chapter 15A.

2.

Flood Hazard Overlay Map. The Flood Hazard Overlay Map shall reflect the boundaries of special flood hazard areas as shown on the current Federal Emergency Management Agency (FEMA) maps on file with the County Public Works Flood Control and Water Agency (referred to in this Section as the "Flood Control Agency").

3.

Relationship to primary zone. Each land use and proposed development within the FA overlay zone shall comply with all applicable requirements of the primary zone, in addition to the requirements of this Section.

C.

Permit and processing requirements.

1.

Referral and determination. Prior to the approval of a Land Use Permit in compliance with Section 35.82.110 (Land Use Permits) or a Zoning Clearance in compliance with Section 35.82.210 (Zoning Clearances) for all development subject to the FA overlay zone;

a.

The applicant shall be referred to the Flood Control Agency for a determination as to whether the development is subject to the requirements of County Code Chapter 15A. If the Flood Control Agency determines that the proposed development is subject to Chapter 15A, then the development shall comply with the requirements of Chapter 15A.

b.

The applicant shall obtain the appropriate clearance or receive a written exemption from the Flood Control Agency.

35.28.130 - Reserved ¶

Esta sección aún no está traducida y se muestra en inglés.

35.28.140 - Hazardous Waste Management Facility (HWMF) Overlay Zone

A.

Purpose and intent. The Hazardous Waste Management Facility (HWMF) overlay zone provides a mechanism for the siting of off-site hazardous waste management facilities and is intended to ensure that the facilities are sited consistent with both the requirements of the Hazardous Waste Element of the Comprehensive Plan and the primary zone.

B.

Applicability.

1.

Siting criteria. A project on a site for which rezoning to the HWMF overlay zone has been initiated shall comply with all Hazardous Waste Element siting criteria.

2.

Relationship to primary zone. Each land use and proposed development within the HWMF overlay zone shall comply with all applicable requirements of the primary zone, in addition to the requirements of this Section. If a requirement of this Section conflicts with a requirement of the primary zone, the regulations more protective of the public health and the environment shall control.

C.

Permit and processing requirements. A Final Development Plan in compliance with Section 35.82.080 (Development Plans) is required prior to any development, including grading.

D.

Permitted uses. The following land uses are allowed within the HWMF overlay zone in compliance with Subsection C. (Permit and processing requirements) above, in addition to the uses allowed by the primary zone:

1.

Recycling facilities;

2.

Residuals repositories;

3.

Storage facilities;

4.

Transfer station; and/or

5.

Treatment facilities.

E.

Facility location requirements. Treatment, recycling, transfer and storage facilities should be sited in Urban Areas as designated on the Comprehensive Plan maps unless they are needed in a Rural Area as

designated on the Comprehensive Plan maps or the Commission finds that the facility or facilities cannot be located in an Urban Area. Residuals repositories shall not be sited in Urban Areas.

F.

Development standards. Each hazardous waste facility shall be designed and constructed in compliance with the following standards.

1.

Buffer. A buffer adequate to protect the public health and environmentally sensitive areas shall be established. The size and location of the buffer shall be based on a thorough assessment of risk to human health and the environment.

2.

Containment facilities. Each facility shall be designed and constructed to contain spills, leaks, and other accidental releases of waste. Containment shall provide protection to air quality and surface and groundwater resources, and shall be based on a site characterization and geologic report.

3.

Public services.

a.

In Urban Areas as designated on the Comprehensive Plan maps, all facilities shall use public services.

b.

In Rural Areas as designated on the Comprehensive Plan maps where public services are not available, private services for all facilities shall be adequately designed for capacity and environmental protection.

4.

Site security. Each facility shall include measures for adequate site security.

5.

Visual compatibility. Each facility shall be designed and constructed to be visually compatible with existing and anticipated surrounding land uses.

6.

Odor control. No noxious odors associated with a hazardous waste facility shall be detectable at the property boundary.

7.

Noise. The level of noise generated by the facility at the property boundary shall not exceed 65 db(A).

8.

Monitoring system. A monitoring system to measure offsite impacts including but not limited to noise, odors, vibration and air and water quality degradation shall be in operation throughout the construction, operation, closure and post-closure of the facility.

9.

Outdoor lighting. All outdoor lighting shall be shielded and no unobstructed beam of light shall shine off the premises. In addition, no lighting shall draw attention to the facility, and shall be an overall level and type compatible with surrounding uses.

G.

Findings required Development Plan approval. In addition to the other findings required by this Development Code for the approval of Development Plans, no Development Plan for a hazardous waste management facility shall be approved unless the review authority also makes the findings in compliance with Subsection 35.82.080.E.7 (Additional findings required for Preliminary or Final Development Plans for sites within the Hazardous Waste Management Facility overlay zone).

35.28.150 - Highway 101 Corridor (HC) Overlay Zone ¶

Esta sección aún no está traducida y se muestra en inglés.

A.

Purpose and intent. The Highway 101 Corridor (HC) overlay zone is applied to the Highway 101 corridor that includes areas of exceptional aesthetic, historic and natural value. Transportation improvements within the South Coast urbanized portions of the corridor may adversely impact these resources. This overlay zone is used to designate areas along Highway 101 in the South Coast urbanized area where unique public viewsheds, scenic, historic and natural assets and community character should be protected. The intent of this overlay is to ensure that development is designed and carried out in a manner that provides maximum protection, restoration and/or enhancement of the unique qualities of the corridor, and promotes multimodal transportation.

B.

Applicability. Each land use and proposed development within the State-owned right-of-way, within the County right-of-way, or on private land adjacent to Highway 101 for which a public agency has obtained an easement to carry out a project, shall comply with the requirements of this Section in addition to the requirements of the primary zone.

C.

Application requirements. An application for development shall be submitted in compliance with Chapter 35.80 (Permit Application Filing and Processing).

D.

Development standards. Each project within the HC overlay zone shall comply with the following development standards.

1.

Design guidelines. Each project shall comply with the Highway 101 Corridor Design Guidelines available upon request from the Department to the maximum extent feasible.

2.

Grading. All grading shall be conducted in a manner that will maintain the existing profile of the Highway 101 Corridor, soften the appearance of the highway and its massive structures, preserve existing landscaping, and provide new landscaping.

3.

Highway crossing design. Highway crossing design shall:

a.

Accommodate automobiles, buses, and trucks, as well as promoting use by pedestrians and bicyclists;

b.

Provide adequate space for large-scale landscaping to soften the bulk of transportation structures and provide continuity between structures and vegetation; and

c.

Allow for movement of anadromous or other migratory fish species, including steelhead.

4.

Entries and exits. Roadway intersections with highway on- and off-ramps shall provide safe crossings for both pedestrians and bicyclists. The following features shall be included:

a.

Walkways, bikeways and/or multi-purpose trails, separated from vehicle lanes;

b.

Minimum road widths and pedestrian islands to accommodate pedestrian and bicyclist crossings;

c.

Passageway for the movement of anadromous or other migratory fish species, including steelhead, if applicable.

5.

Landscaping.

Master Landscaping Plan. Each project within the HC overlay zone shall be consistent with the Highway 101 Corridor Master Landscaping Plan, to be developed by the California Department of Transportation with community input and County approval, upon its adoption.

b.

Drought-tolerant native species. Drought-tolerant native species shall be utilized in landscape plans to the maximum extent feasible. Emphasis shall be placed on using a palette of native species and exotic species (if well adapted and non-invasive). Plants native to southern Santa Barbara County shall be used where they are naturally suited.

(1)

Within 100 feet of riparian habitat, wetlands or oak woodlands, landscaping shall consist only of native plants which are indigenous to the south coast of Santa Barbara County, selected on the basis of specific environmental conditions.

(2)

Propagation of native species. Within the areas identified in Subsections b.(1) above, landscaping shall be propagated from locally collected plant materials (e.g. seeds and cuttings). Exception will be made where Eucalyptus trees are providing habitat for Monarch butterflies or raptors (refer to Goleta Community Plan - Southern Section, Environmentally Sensitive Habitats and Riparian Corridor Protection Overlay Map and Note on Eucalyptus in Appendix B of the Highway 101 Corridor Design Guidelines, available upon request from the Department).

c.

Preservation of scenic and visual amenities. To the maximum extent feasible, all development, including expansions of Highway 101, shall incorporate provisions for landscaping to preserve the scenic and visual amenities which exist along the affected transportation corridor, or to replace such landscaping with comparable scenic and visual amenities. To the extent feasible, the historic landscaping scheme shall be preserved and restored.

d.

Median landscaping. Highway 101 Corridor projects shall include median landscaping to soften the concrete and asphalt expanse of the highway.

E.

Application review and recommendation. Upon receipt of an application, the Department shall determine the potential of the proposed development to either adversely impact, or to enhance the visual and historical qualities of the area and the opportunity for multi-modal transportation, develop appropriate conditions of approval if necessary and forward its recommendations to the review authority.

F.

Modifications. The review authority may grant modifications to the requirements of this Section when they are found infeasible due to safety or physical constraints.

35.28.155 - Limited Agricultural Enterprise (LAE) Overlay Zone ¶

Esta sección aún no está traducida y se muestra en inglés.

A.

Purpose and intent. The purpose of the Limited Agricultural Enterprise (LAE) overlay zone is to limit agricultural enterprise uses allowed pursuant to Section 35.42.035.C that present potential conflicts and food safety concerns with historic row and food crop growing areas that are zoned AG-II, while allowing a limited number of agricultural enterprises that are most closely aligned with, and accessory to, agriculture.

B.

Applicability. The LAE overlay zone applies to lots located within large tracts of historically cultivated agricultural regions growing row and food crops zoned AG-II in the Santa Maria Valley (east and west of the City of Santa Maria), and the Lompoc Valley (east and west of the City of Lompoc). The provisions of this overlay zone shall apply to any areas zoned LAE on the Santa Barbara County Zoning Map.

1.

Relationship to the primary zone. Each proposed agricultural enterprise land use within the LAE overlay zone shall comply with this section in addition to all applicable requirements of the primary zone.

C.

Allowed Agricultural Enterprise Uses. The following commercial agricultural enterprises uses may be allowed in compliance with the specific Sections referenced below.

1.

Aquaponics (closed system) in compliance with Subsection 35.42.035.D.1.

2.

Small-scale agricultural processing, including product preparation, small-scale processing beyond the raw state, and tree nut hulling, in compliance with Section 35.42.040 (Agricultural Processing).

3.

Farm stands in compliance with Section 35.42.050 (Agricultural Product Sales).

4.

Horseback riding may be allowed with a Land Use Permit in compliance with Section 35.82.110 (Land Use Permits) and Section 35.21.030 (Agricultural Zones Allowable Land Uses- Table 2-1 , Equestrian Facilities).

5.

Hunting in compliance with Subsections 35.42.240.E.4.a and 35.42.240.E.4.b.(1) (Hunting).

D.

Agricultural Enterprise Uses Allowed with a Conditional Use Permit or Minor Conditional Use Permit. The following agricultural enterprises uses may be allowed with a Conditional Use Permit or Minor Conditional Use Permit in compliance with Section 35.82.060 (Conditional Use Permits and Minor Conditional Use Permits), as follows:

1.

Campgrounds.

a.

Campgrounds with a Conditional Use Permit in compliance with Subsections 35.42.240.B and 35.42.240.D.

b.

Campgrounds and low-impact camping areas with a Minor Conditional Use Permit in compliance with Subsection 35.42.240.E.1.

2.

Composting with a Minor Conditional Use Permit in compliance with Subsection 35.42.100.C.3.c.

3.

Educational experiences and opportunities with a Minor Conditional Use Permit in compliance with Subsection 35.42.035.D.2 (Educational experiences and opportunities).

4.

Farmstays with a Minor Conditional Use Permit in compliance with Section 35.42.134 (Farmstays).

5.

Fishing operations with a Minor Conditional Use Permit in compliance with Subsection 35.42.240.E.2 (Fishing operation).

6.

Firewood processing and sales with a Minor Conditional Use Permit in compliance with Subsection 35.42.035.D.3.

7.

Lumber processing and milling (small-scale) with a Minor Conditional Use Permit in compliance with Subsection 35.42.035.D.5.

8.

Small-scale special events with a Minor Conditional Use Permit in compliance with Subsection 35.42.035.D.6 (Small-scale special events).

(Ord. No. 5226, § 6, 12-10-2024)

35.28.157 - Mobile Home Park (MHP) Overlay Zone

A.

Purpose and intent. The purpose of the Mobile Home Park (MHP) overlay zone is to:

1.

Promote the continued use of mobile homes and manufactured homes in the unincorporated County as an accessible housing option for households of all income levels.

2.

Respect the interests of tenants and owners of mobile home parks in maintaining parks of desirable character, stable operation, and economic viability.

3.

Recognize mobile home parks as communities in which residents are substantially invested, and to provide for security of tenancy comparable to that of other residential communities less vulnerable to redevelopment.

4.

Establish that for all land in the unincorporated County occupied by mobile home parks, and as long as this ordinance is in effect, mobile home parks shall be the primary land use allowed.

5.

Promote and preserve residential development that is high density and single family in character.

B.

Applicability. The MHP overlay zone applies to existing mobile home parks as of the effective date of this Ordinance, August 14, 2025, except for existing senior mobile home parks as provided for under Section 35.28.180, Senior Mobile Home Park Overlay Zone. The County may apply the MHP overlay concurrently with or subsequent to the permitting of any new all-ages mobile home parks.

1.

Relationship to the primary zone. Each land use and proposed development within the MHP overlay zone shall comply with all applicable requirements of the primary zone, in addition to the requirements of this section.

(Ord. No. 5263, § 2, 7-15-2025)

35.28.160 - Pedestrian Area - Old Town Orcutt (PA-OTO) Overlay Zone

Subsection 35.82.070.C.2 (Special Provisions for Projects in the Jurisdictional Area of the North County Board of Architectural Review) shall apply to any required Design Review.

c.

All plans for new or altered structures shall be determined to be in compliance with the Old Town Orcutt Design Guidelines

Public Works Department review. Prior to the issuance of a Land Use Permit in compliance with Section 35.82.110 (Land Use Permits) for any structure, all plans for new or structures shall be reviewed by the Road Division of the Public Works Department for frontage improvement conditions in compliance with Subsection E (Dedication and access requirements) below.

D.

Development standards.

1.

Setback requirements.

a.

Residential uses only. Setbacks for structures containing only residential uses shall be as required by Section 35.26.040 (Special Purpose Zones Development Standards) for the OT-Residential zone.

b.

Commercial and residential uses. Buildings and structures containing commercial or commercial and residential uses shall comply with the following setback requirements.

(1)

Front: 10 percent of the depth of the lot, not to exceed 10 feet; at least 25 feet when abutting a lot zoned Old Town Residential (OT-R); except in the Core Pedestrian Area, where new buildings and structures containing commercial uses shall be constructed to the front property line and no front setback shall be permitted. New development sited on lots with a grade change at the street frontage are allowed a front setback for the entrance portion of the structure, where necessary to construct elements to achieve compliance with ADA requirements for building access. Renovations to, additions to, or expansions of existing multi-family residential, mixed-use, and commercial development projects not resulting in an increase of 1,000 square feet or more than 10 percent of approved building coverage on site, shall be exempt from the specific front setback prohibition of the Core Pedestrian Area.

(2)

Side: None required.

(3)

Rear: 10 percent of the depth of the lot; except in the Core Pedestrian Area, where new structures containing commercial uses are not required to have a rear setback.

2.

Building coverage.

Residential uses only. Lot coverage for buildings and structures containing only residential uses shall be as required by Section 35.26.040 (Special Purpose Zones Development Standards) for the OT-Residential zone.

b.

Core Pedestrian Area. In the Core Pedestrian Area there shall be no restriction on building coverage for buildings and structures containing uses other than exclusive residential uses.

c.

Peripheral Pedestrian Area. In the Peripheral Pedestrian Area not more than 65 percent of the gross area shall be occupied by buildings and structures containing uses other than exclusive residential uses.

3.

Parking. Off street parking shall be provided as required by Section 35.36.120 (Standards for Mixed Use Zones and Uses).

E.

Dedication and access requirements.

1.

Dedications and public improvements. As a condition to the issuance of a Land Use Permit in compliance with Section 35.82.110 (Land Use Permits) for any building or structure, the owner or their agent shall dedicate rights of way and engineer and construct street pavement, curbs, gutters, and sidewalks on the street frontage of the property that are determined by the Road Division of the Public Works Department to be reasonably related to the proposed use of the property.

2.

Street access limitations.

a.

Core Pedestrian Area. In the Core Pedestrian Area, no vehicular access to new multi-family residential, mixed-use, and commercial development projects shall be permitted via curb cuts and/or driveways on Clark Avenue and Broadway Avenue.

b.

2.

The conditions may also include deed restrictions and resource protection easements. Any regulation of the primary zone specifying building height limits, distance between buildings, setback, yard, parking, building coverage and landscaping or screening requirements may be altered by express condition in the permit to achieve the purposes of this overlay zone.

35.28.175 - Scenic Corridor - Mission Canyon (SC-MC) Overlay Zone

A.

Purpose and intent. The purpose of the Scenic Corridor-Mission Canyon (SC-MC) overlay zone is to recognize and protect the special character, history, and visual resources of the gateway entrance to Mission Canyon along Mission Canyon Road. The intent is to maintain the existing historic stone walls and deep front setbacks from Mission Canyon Road, to encourage high quality of development for new structures and alterations of existing structures, and to ensure appropriate review of projects within the context of the historic setting.

B.

Applicability. The Scenic Corridor - Mission Canyon (SC-MC) overlay zone applies to lots located generally adjacent to Mission Canyon Road between Mountain Drive and Foothill Road (State Route 192). The provisions of the overlay zone shall apply to any area designated as SC-MC on the Zoning Map.

1.

Relationship to primary zone. Each proposed land use and development within the SC-MC overlay zone shall comply with this subsection in addition to all applicable requirements of the primary zone.

2.

Permit and processing requirements.

a.

Plans for each new or altered structure that requires the approval of a Conditional Use Permit in compliance with Section 35.82.060 (Conditional Use Permits and Minor Conditional Use Permits) or a Land Use Permit in compliance with Section 35.82.110 (Land Use Permits) within the SC-MC overlay zone shall be submitted for Design Review in compliance with Section 35.82.070 (Design Review). The Board of Architectural Review shall review the project plans within the context of the scenic and historical architectural setting, including Mission Santa Barbara, Santa Barbara Museum of Natural History, "Glendessary House" (a County Landmark), and "Rockwood" (the Santa Barbara Woman's Club) in conformance with Subsection 35.82.070.F.8. (Additional Findings required for Design Review applications within the Scenic Corridor - Mission Canyon (SC-MC) overlay zone).

b.

In compliance with Section 35.30.070 (Fences and Walls), fences, gates, and walls located within 80 feet from road centerline or 55 feet from right-of-way that exceed 3.5 feet in height, and gateposts that exceed four feet in height, shall require a Land Use Permit in compliance with Section 35.82.110 (Land Use Permits).

C.

D.

Occupancy limitations and rentals. At least 80 percent of the occupied units in a mobile home park in the SMHP overlay zone must be occupied by at least one person 55 years of age or older.

1.

Mobile home parks within the SMHP overlay zone satisfy the occupancy requirements of this section even if:

a.

There are unoccupied mobile homes, provided that at least 80 percent of the occupied mobile homes are occupied by at least one person 55 years of age or older.

b.

To the extent permitted by applicable law, for a period of no more than two consecutive years fewer than 80 percent of the occupied units are occupied by at least one person 55 years of age or older, provided the senior mobile home park has reserved all unoccupied mobile homes for occupancy by at least one person 55 years of age or older.

E.

Age verification and compliance procedures.

The County shall determine, and maintain summary documentation establishing, that at least 80 percent of the occupied mobile homes in a senior mobile home park are occupied by at least one resident who is 55 years of age or older. The occupancy verification documentation shall be made available by park owners for inspection by the County upon reasonable notice and request.

2.

At least once every two years owners and operators of senior mobile home parks shall submit documentation confirming that at least 80 percent of all occupied mobile homes are occupied by at least one resident 55 years of age or older to the County of Santa Barbara Planning and Development Department.

3.

The County shall consider government-issued identification to be reliable documentation of the age of the residents of the senior mobile home park, provided that it contains specific information about current age or date of birth (e.g., driver's license).

4.

Reliable documentation shall also include a certification in a lease, application, affidavit, or other document signed by any member of the household aged 18 or older asserting that at least one person in the unit is 55 years of age or older.

5.

If the occupant(s) of a particular mobile home refuse or are unable to comply with these age verification procedures, the County may, if it has sufficient evidence, consider the unit to be occupied by at least one person 55 years of age or older. Such evidence may include:

a.

Government records or documents;

b.

Prior forms or applications; or

c.

A statement from an individual who has personal knowledge of the age of the occupants. The individual's statement must set forth the basis for such knowledge and be signed under penalty of perjury.

F.

Duty of mobile home park residents to comply with age verification request. No later than 30 days after a request for age verification by a mobile home park owner or operator or an employee or agent of the County, all owners and residents of all mobile homes located, or proposed to be located, within the SMHP overlay zone shall provide to the mobile home park operator the requested age verification documents.

G.

Duty of mobile home park owners/operators to comply with age reporting requirement and certification

1.

Within 150 days of the effective date of this Ordinance, August 14, 2025, and then every two years thereafter, the owner or operator of each mobile home park within the SMHP overlay zone shall report to the County of Santa Barbara Planning and Development Department confirmation that at least 80 percent of all occupied mobile homes are occupied by at least one resident 55 years of age or older. The owners or operators of each senior mobile home park shall maintain procedures for verifying the age of park residents.

2.

The owner or operator of each senior mobile home park shall provide to the County a certification substantially in the following form:

Purpose and intent. This Overlay is designed to generate additional opportunities for in-fill housing while simultaneously protecting the commercial viability and potential of the commercial area. Other goals include maintaining the pedestrian-oriented character of the downtown areas, ensuring attractive and compatible architectural design of future projects, reducing regulatory barriers to mixed-use development and prohibiting uses that conflict with preserving the rural ambience of the townships of Santa Ynez and Los Olivos.

b.

Applicability. The MU-SYV overlay may only be applied to properties located within the Santa Ynez Valley Community Plan area with a primary zone of C-1 or C-2 and located in an Urban Area as designated on the Comprehensive Plan maps. Each land use and proposed development within the MU-SYV overlay shall

comply with all applicable requirements of the primary zone in addition to the requirements of this Section. If a requirement of this Section conflicts with a requirement of the primary zone, the requirements of this Section shall control.

c.

Prohibited uses. The following uses are not allowed within the MU-SYV overlay either as a permitted or a conditionally permitted use:

(1)

Auto vehicle sales and rental.

(2)

Building and landscape materials sales - Outdoor.

(3)

Drive-through facility.

(4)

Service station.

(5)

Single room occupancy facility (SRO)

(6)

Truck, trailer, construction, farm, heavy equipment sales/rental.

(7)

Vehicle services.

(8)

Laundry, dry cleaning plant utilizing perchloroethylene (PERC).

d.

Requirements for mixed use development. The development of a site or structure with a combination of residential and commercial uses shall be restricted as follows:

(1)

Ratio of commercial and residential uses. To ensure the overall purpose and intent of the commercial district is maintained, gross floor area devoted to residential use shall not exceed 66 percent of total gross floor area.

(a)

The approval of a Conditional Use Permit in compliance with Section 35.82.060 is required for mixed use developments having a gross floor area devoted to residential use that is greater than 25 percent and less than or equal to 50 percent of the total gross floor area of the development.

(b)

The approval of a Conditional Use Permit in compliance with Section 35.82.060 is required for mixed use developments having a gross floor area devoted residential use that is greater than 51 percent and less than or equal to 66 percent of the total gross floor area of the development. Additionally, the following criteria shall be met:

(i)

The project site is located either on the periphery of the commercial core or is adjacent to an area zoned residential.

(ii)

The applicant can demonstrate that development of the project site with gross floor area devoted to commercial use that exceeds 49 percent of the total gross floor area of the development is not viable due to the configuration of the project site (e.g., narrow street frontage).

(2)

Restriction to commercial uses. If the project site has more than one street frontage, then the ground floor of the development adjacent to the street with the highest number of average daily traffic trips shall be restricted to commercial uses.

e.

Development standards. The development standards of the primary zone shall apply to all structures except as follows:

(1)

Setbacks. No front setback shall be required.

(2)

Parking.

(a)

The required number of parking spaces for existing or proposed mixed-use development may be reduced up to 50 percent from the number of spaces required in compliance with Section 35.36.110 (Standards for Nonresidential Zones and Uses).

(b)

The required number of parking spaces for residential uses shall be in compliance with Section 35.36.100 (Standards for Residential Zones and Uses).

(c)

The review authority may approve a reduction or waiver of the on-site parking requirement subject to first making one or more of the following findings:

(i)

A shared parking agreement in a form approved by County Counsel is executed and recorded by the applicant and nearby property owner(s) within 1,000 feet of the MU-SYV overlay to accommodate the parking deficit.

(ii)

The configuration of the project site does not allow for driveway access from the rear or side of the project site and would require installation of a driveway along a pedestrian-oriented stretch of sidewalk to the detriment of pedestrian safety or streetscape aesthetics.

(iii)

A parking study has determined that adequate parking exists in either on the street or within public parking lots in the Mixed-Use Overlay District that will accommodate 80 percent of the peak parking demand generated by the project.

(3)

Prior to the issuance of any Land Use Permit for structures, all final plans of structures shall receive final approval by the Board of Architectural Review in compliance with Section 35.82.070 (Design Review).

G.

Summerland Community Plan area.

1.

Floor area limit. Structures subject to this subsection shall not exceed the following maximum floor area limits.

a.

One-family dwellings. All new one-family dwellings and additions to existing one-family dwellings are subject to the following standards:

(1)

Lots having a lot area (net) of less than 12,000 square feet. On lots with a lot area (net) of less than 12,000 square feet, the net floor area of structures subject to this Subsection G.1.a shall be in compliance with the

following Table 2-29 (One-family Dwelling Floor Area Limits). The net floor area shall not exceed the amount calculated using the FAR or the Maximum Allowable Square Footage per Lot Area, whichever is less.

Table 2-29One-family Dwelling Floor Area Limits

Net Lot Area (square feet)	FAR	Maximum Allowable Net Floor Area per Lot Area (square feet)
2,500 or less	0.50	950
2,501 to 3,600	0.38	1,296
3,601 to 4,700	0.36	1,598
4,701 to 5,800	0.34	1,856
5,801 to 6,900	0.32	2,070
6,901 to 8,100	0.30	2,268
8,101 to 9,400	0.28	2,538
9,401 to 10,800	0.27	2,808
10,801 to 12,000	0.26	3,100

(2)

Lots of 12,000 square feet and greater. On lots with a lot area (net) of 12,000 square feet and greater, the net floor area of structures subject to this Subsection G.1.a shall not exceed 2,500 square feet plus five percent of the net lot area; however, in no case shall the net floor area exceed 8,000 square feet.

(3)

See Subsection G.1.b, below, for allowable adjustments to the maximum floor area.

(4)

Accessory dwelling units and junior accessory dwelling units. The floor area limits enumerated above do not apply to existing or proposed accessory dwelling units or junior accessory dwelling units allowed in compliance with Section 35.42.015 (Accessory Dwelling Units and Junior Accessory Dwelling Units).

b.

Adjustments to maximum allowed floor area.

(1)

Accessory structures (detached) on lots less than or equal to 10,000 square feet (net). Except as provided in compliance with Subsection G.1.b.(1)(a), below, the cumulative gross floor area of all detached accessory structures located on a lot less than or equal to 10,000 square feet (net) shall not exceed 500 square feet.

(a)

If the dwelling does not include an attached garage, then a detached garage used for the parking of motor vehicles no greater than 500 square feet of floor area (net) may also be allowed in addition to the cumulative floor area (gross) allowed in compliance with Subsection G.1.b.(1), above.

(2)

Floor below grade.

(a)

The provisions of this subsection only apply to structures with two or more floors.

(b)

The amount of floor area of a floor below grade that is included in the net floor area used to determine compliance with the maximum allowed floor area is calculated by multiplying "A" times "B" where:

(i)

"A" equals the total floor area below grade as measured from the interior surfaces of exterior walls, and

(ii)

"B" equals the floor below grade adjustment which is the percentage of the total wall area of a floor below grade that is exposed (see Figure 2-4) which is determined by dividing the total exposed wall area by the total wall area.

(c)

The height of the wall area used to determine the total wall area is measured from the finished floor of the floor below grade to the bottom of the floor joist supporting the floor above, however, only a maximum of 10 feet shall be used in calculating the total wall area.

(d)

Except as provided in Subsection (2)(d)(i), below, the height of the exposed exterior wall area used to determine the total exposed wall area is measured to the finished grade adjacent to the exterior wall.

(i)

If the grade adjacent to any exterior wall slopes downward, then the height of the exposed wall area shall be calculated from a point located six feet away from the exterior wall surface or at the property line if the property line is located within six feet of the exterior wall surface. This does not apply to the minimum drainage required to comply with building code requirements.

==> picture [427 x 240] intentionally omitted <==

Figure 2-4 — Illustrative example for calculating the floor below grade adjustment

(3)

Garages attached to a dwelling.

(a)

2.

Parking.

a.

Parking spaces required. All new one-family dwellings approved after June 6, 2014 shall provide the following number of off-street parking spaces shown in Table 2-30 (Additional Parking Space-Requirement), below, in addition to the number otherwise required by Chapter 35.36 (Parking and Loading Standards).

Table 2-30Additional Parking-Space Requirement

Net Lot Area (square feet)	Additional of-street parking spaces
Less than 7,500	0
7,500 to 10,000	1
10,000 and greater	2

(1)

Use of permeable materials. Parking spaces shall be paved with permeable materials on a suitable base, including concrete pavers, turf block, and permeable asphalt, provided that such materials are consistent with the County Fire Department or applicable fire district minimum structural design standards for emergency access.

(2)

Location. Parking spaces shall be located outside of required setback areas for the lot, except that one parking space may be located within the front setback area provided the location is approved by the Board of Architectural Review in compliance with Section 35.82.070 (Design Review).

(3)

Configuration. On lots of 10,000 square feet (net) or more in area, the additional parking spaces required in compliance with Table 2-30 (Additional Parking-Space Requirement) may be provided in a tandem arrangement with each other.

H.

Toro Canyon Plan area.

1.

Development Standards. All non-agricultural structures shall be in compliance with the following development standards:

Large understories and exposed retaining walls shall be minimized.

b.

Building rake and ridgelines shall conform to or reflect the surrounding terrain.

c.

Landscaping shall be used to integrate the structure into the site and its surroundings, and shall be compatible with the adjacent terrain.

d.

The exterior surfaces of the structure, including water tanks, walls, and fences, use non-reflective building materials and colors shall be compatible with the surrounding terrain (including rock outcrops, soils, and vegetation). Where paints are used, they shall be non-reflective.

e.

Retaining walls shall be colored and textured (e.g., with earth tone and split faces) to match adjacent soils or stone, and shall be visually softened with appropriate landscaping.

f.

Outside lighting shall be minimized. Outside lighting shall be shielded, downward-directed low-level lighting consistent with Toro Canyon's rural and semi-rural character.

The total height of cut slopes and fill slopes, as measured from the natural toe of the lowest fill slope (See Figure 2-5) or the natural toe of the lowest cut slope (See Figure 2-6) to the top of the cut slope, shall be minimized. The total vertical height of any graded slopes for a project, including the visible portion of any retaining wall above finished grade, shall not exceed 16 vertical feet. A project may be exempt from this standard if the Board of Architectural Review makes a written finding that:

(1)

The project furthers the intent of protecting hillsides and watersheds;

(2)

The project enhances and promotes better structural and/or architectural design; and

(3)

The project minimizes visual or aesthetic impacts.

==> picture [408 x 279] intentionally omitted <==

Figure 2-5 - Total height as measured from the natural toe of the lowest fill slope

==> picture [408 x 283] intentionally omitted <==

Figure 2-6 - Total height as measured from the natural toe of the lowest cut slope

h.

The visible portion of a retaining wall above finished grade shall not exceed a height of six feet. (See Figures 2-5 and 2-6). A project may be exempt from this standard if the Board of Architectural Review makes a written finding that:

(1)

The project furthers the intent of protecting hillsides and watersheds;

(2)

The project enhances and promotes better structural and/or architectural design; and

(3)

The project minimizes visual or aesthetic impacts.

I.

Gaviota Coast Plan area.

1.

Gaviota Coast Plan area land use incentive program.

Purpose and intent. The purpose of the Gaviota Coast Plan area land use incentive program is to allow landowners within the Gaviota Coast Plan area on property zoned AG-II to develop additional dwelling units (i.e., incentive dwelling units) in exchange for taking actions that provide a demonstrated public benefit such as the provision of public trails. The intent is to implement the policies and development standards of Gaviota Coast Plan that seek to, through voluntary landowner action, provide a greater level of protection and enhancement of natural resources, support agricultural viability, and increase public access, throughout the Plan area while preserving the existing rural character of the Gaviota Coast.

b.

Applicability. The provisions of this Subsection I.1 (Gaviota Coast Plan area land use incentive program) only apply to property zoned AG-II and located within the Gaviota Coast Plan area.

c.

Allowable density. Incentive dwelling units shall not count toward the allowable density for purposes of determining consistency with the Comprehensive Plan and this Development Code.

d.

Actions and eligible incentives. Table 2-31 (Actions and Eligible Incentives), below, describes the voluntary actions a landowner may take and the benefits that may be derived from taking those actions, i.e., the issuance of a permit(s) for an incentive dwelling unit.

Table 2-31- Actions and Eligible Incentives

Category	Land Owner Action	Eligible Incentive
1	Dedicate trail easement to County for the Coastal Trail primary route alignment shown on the Gaviota Coast Plan Parks, Recreation and Trails Map	1 attached or detached incentive dwelling unit & 1 attached incentive dwelling unit
2	Dedicate trail easement to County for trails shown on the Gaviota Coast Plan Parks, Recreation and Trails Map other than the Coastal Trail primary route alignment	1 attached or detached incentive dwelling unit

(1)

Dedication of trail easements shall comply with the following:

(a)

The easement shall be for the entire length of the trail that is located on the premises on which the incentive dwelling unit is proposed to be located.

(b)

An irrevocable offer of dedication shall be recorded by the landowner prior to the issuance of a Land Use Permit in compliance with Section 35.82.110 (Land Use Permits) or a Zoning Clearance in compliance with

Maximum gross floor area.

(i)

Attached incentive dwelling units. The maximum gross floor area of attached incentive dwelling units shall not exceed 1,200 square feet.

(ii)

Detached incentive dwelling units. Unless allowed in compliance with Subsection I.1.e.(4)(d), above, the maximum gross floor area of a detached incentive dwelling unit shall not exceed the standards for the specified gross lot area shown in Table 2-32 (Maximum Gross Floor Area Gaviota Coast Plan Area) below.

Table 2-32- Maximum Gross Floor Area Gaviota Coast Plan Area

Lot Area (gross)	Maximum Floor Area (gross)
Less than 40 acres	1,200 square feet
40 acres to less than 100 acres	1,600 square feet
100 acres and above	2,000 square feet

2.

Gaviota Coast Plan area air quality disclosure statement. Prior to the issuance of a Land Use Permit in compliance with Section 35.82.110 (Land Use Permits) or a Zoning Clearance in compliance with Section 35.82.210 (Zoning Clearances) for residential developments that are located within 500 feet of Highway 101, a Notice to Property Owner shall be required to be recorded by the property owner that provides an Air Quality Disclosure Statement to potential buyers of the property. The Air Quality Disclosure Statement shall summarize the results of technical studies that reflect a health concern resulting from the exposure of children to air quality emissions generated within 500 feet of Highway 101.

ARTICLE 35.3 - SITE PLANNING AND OTHER PROJECT STANDARDS CHAPTER 35.30 - STANDARDS FOR ALL DEVELOPMENT AND LAND USES