§ 35.428

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.

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 35.400.040.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 35.404.020 (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 35.494 (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:

1.

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 an overlay zone shall obtain the planning permits required by this Chapter for the primary zone, and the overlay zone, as applicable; and

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.

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 2-12 (AH Overlay 50% Mix Allotment) below:

Table 2-12 - AH Overlay Zone - 50% Mix Allotment

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 Section 65915 and 65918 or successor statutes). The maximum density for a lot within the AH overlay zone shall be indicated on the Zoning Map.

Relationship to primary zone. Each land use and proposed development within the AH 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 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 35.472.080 (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 35.472.080 (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.

2.

Fast track processing. Each qualifying AH overlay zone 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.

E.

Modifications to Development Code requirements. The approval of a Final Development Plan for a site located on property zoned with the AH overlay zone may include the following modifications to requirements of this Development Code, in addition to the density modifications provided by Subsection B.1 (Density bonus) above.

1.

Zoning or improvement standards. Facilities, improvements, and/or development or zoning standards normally required for residential development, other than those in this Section, may be modified by the Montecito Commission if deemed necessary to ensure dwelling unit affordability or to provide additional incentives. Examples of the modified facility requirements include the waiver or phasing of any required offsite improvements.

2.

Fees. If deemed appropriate by the Board, any or all fees normally imposed by the County on development projects may be waived, reduced, or deferred. In these cases, reduced fees shall be based upon the applicant supplying the Board with evidence and assurances that savings realized from the reductions will be passed on to future residents by way of reduced rent or purchase price for units.

3.

Development Standards. The following modifications may be approved for all qualified AH overlay zone projects in the DR (Design Residential) and PRD (Planned Residential Development) zones.

a.

One side yard setback per lot may be reduced from the requirement of the applicable zone to a zero setback. The width of any setback thereby reduced shall be applied to the opposite side yard setback. In cases of corner lots, the side yard setback may be reduced to zero with no additional setback requirement for the opposite setback.

b.

The total amount of common and/or public open space may be reduced to 30 percent of the gross acreage.

G.

Affordable housing agreement. Prior to issuance of a Land Use Permit (Section 35.472.110) or Zoning Clearance (Section 35.472.190) for an AH overlay zone project, each project shall record an affordable

housing agreement and resale and rental restrictive covenant, or other equivalent document approved as to form by the County Counsel, which outlines:

1.

The sales and/or rental prices for the various types of units to be established; and

2.

Provisions for the sale, resale, renting and restrictions that will be applicable to the project, to ensure the continued availability of units for purchase or occupancy by target households, in compliance with the Housing Element.

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, where existing and potential development and other activities may despoil or eliminate the resources. This overlay zone is intended to:

1.

Protect and preserve specified areas in which plant or animal life 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 maximum protection to sensitive habitat areas.

B.

Applicability.

1.

Determination of applicability. The zoning map shall guide determining whether this overlay zone applies to any area of land or water. If a particular lot or lots within an ESH overlay zone are determined by the Director not to contain the pertinent species or habitat, the regulations of this overlay zone shall not apply.

2.

Identification of newly documented sensitive habitat areas. If an environmentally sensitive habitat area is identified by the Director to be located onsite during permit application review, but the habitat area does not have an ESH overlay zone designation, the applicable requirements of Subsection C through Subsection O below, shall apply. The Director will periodically update the zoning map to apply the ESH overlay zone to the new habitat areas and applicable setback areas (including the 250-foot area around the habitat).

3.

Relationship to primary zone. Each land use and proposed project within the ESH 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 requirements of this Section shall control.

4.

Relationship to overlay zone. Each land use and proposed project within the ESH overlay zone shall comply with all applicable requirements of any additional overlay zone, in addition to the requirements of this Section. If a requirement of this Section conflicts with a requirement of the any other overlay zone, the requirements of this Section shall control.

C.

Permit and processing requirements. An application for a Conditional Use Permit (Section 35.472.060) or Land Use Permit (Section 35.472.110) for a project located within the ESH overlay zone shall be submitted in compliance with Chapter 35.470 (Permit Application Filing and Processing) and the requirements of this Section.

1.

Land Use Permit requirement. A Land Use Permit approved in compliance with Section 35.472.110 (Land Use Permits) shall be required for the following activities, in addition to those activities required to have either a Land Use Permit by the primary zone:

a.

The removal of vegetation along 50 linear feet or more of a creek bank or removal that, when added to the previous removal of vegetation within the affected habitat on the site, would total 50 or more linear feet of vegetation along a creek bank.

b.

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

c.

Except for vegetation fuel management required for fire protection within 100 feet of an existing structure:

(1)

The removal of vegetation over an area greater than 5,000 square feet or that, when added to the previous removal of vegetation within the affected habitat on the lot, would total an area greater than 5,000 square feet.

(2)

The removal of any native tree greater than six inches in diameter measured 4.5 feet above existing grade and more than six feet in height, or non-native trees that are used as habitat by Monarch butterflies for roosting, or by nesting raptors, unless the Director makes one or more of the following findings:

(a)

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

(b)

The tree prevents the construction of a project for which a Land Use Permit has been issued in compliance with Section 35.472.110 (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.

2.

Conditional Use Permit requirement. Except for vegetation fuel management required for fire protection within 100 feet of an existing structure, a Conditional Use Permit approved in compliance with Section 35.472.060 (Conditional Use Permits) is required where 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.

3.

Application review. Upon receipt of an application for a Conditional Use Permit (Section 35.472.060), Land Use Permit (Section 35.472.110) or Zoning Clearance (Section 35.472.190) for a project located within the ESH overlay zone in compliance with this section or sections governing the primary zone, the Director shall determine if the proposed project is located in or within 100 feet of an environmentally sensitive habitat area.

a.

Site inspection.

(1)

If the Director determines that the proposed project is located in or within 100 feet of an environmentally sensitive habitat area, a site inspection shall be required, if the Director determines it necessary, by a qualified biologist to be selected jointly by the Director and the applicant. Upon completion of the site inspection, and if determined to be necessary, conditions shall be applied to the permit that will protect the environmentally sensitive habitat area to the maximum extent feasible, consistent with the applicable development standards in Subsection D through Subsection F below.

(2)

If the Director determines that the proposed project is not located in or within 100 feet of an environmentally sensitive habitat area, then a site inspection by a qualified biologist is not required.

Findings required for Conditional Use Permit, Land Use Permit or Zoning Clearance approval. An application for a Conditional Use Permit (Section 35.472.060), Land Use Permit (Section 35.472.110) or Zoning Clearance (Section 35.472.190) for a project that is subject to compliance with this section shall be approved or conditionally approved only if the review authority first finds that the proposed project will meet all applicable development standards contained in Subsection D through Subsection F, below, in addition to the findings required to be adopted by the review authority in compliance with Section 35.472.060 (Conditional Use Permits), Section 35.472.110 (Land Use Permits) and Section 35.472.190 (Zoning Clearances), as applicable.

5.

Conditions of approval. A Conditional use Permit (Section 35.472.060), Land Use Permit (Section 35.472.110) or Zoning Clearance (Section 35.472.190) may be approved with conditions of approval as determined by the Director to be necessary to ensure protection of the habitat areas. 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 project to ensure protection of the habitat. The conditions may also include deed restrictions and conservation and resource easements.

a.

The conditions may also expressly alter any regulation of the primary zone in furtherance of the purposes of the ESH overlay zone, except the land uses that are permitted or conditionally permitted by the primary zone, provided that the alteration is not less restrictive than the regulations of the primary zone.

D.

Development standards - Monarch butterfly habitats.

1.

Limitation on the timing of construction. Any construction, grading or development within 200 feet of known or historic butterfly roosts shall be prohibited between November 1 and April 1. This requirement may be modified or deleted on a case-by-case basis where either the Director or additional information or studies with the approval the Director concludes that one or more of these activities would not impact monarchs using the trees or where it would preclude reasonable development of the lot.

2.

Impact determination. Prior to approval of a Land Use Permit for development within 200 feet of known or historic butterfly roosts, the Director shall determine if the proposed project would have the potential to adversely impact monarch butterfly habitat. This shall be determined based on proximity to known or historic, or potential butterfly trees. The Montecito Biological Resources map shall be considered in determining proximity as well as other available information and maps. In the event the proposed project does have the potential to adversely impact monarch butterfly habitat, the applicant shall submit a Butterfly Roost Protection Plan to the Department. This plan shall be developed at the applicant's expense and shall be included on any grading designs. The plan shall include the following information and measures:

a.

The mapped location of the windrow or cluster of trees where monarch butterflies are known, or have been known, to aggregate;

b.

A minimum setback of 50 feet from either side of the roost shall be noted on the plan. Buffers surrounding potential roosts may be increased from this minimum, to be determined on a case by case basis. A temporary fence shall be installed outside of the buffer boundary. All ground disturbance and vegetation removal shall be avoided within the buffer; and

c.

Native vegetation shall be maintained within this buffer.

3.

Trimming or cleanup plan. A trimming or clean-up plan shall be required for trimming or clearing associated with a Land Use Permit within 50 feet of a monarch butterfly habitat and shall be approved by the Director and shall include supervision by a qualified biologist.

E.

Development standards - Coastal sage scrub.

1.

Preservation requirement. Each area of coastal sage scrub that is of one or more acres shall be preserved to the maximum extent feasible. Development shall avoid impacts that would isolate, interrupt, or cause a break in a contiguous habitat which would disrupt animal movement patterns, seed dispersal routes, or increase vulnerability of species to local extirpations such as fire, flooding, disease, etc.

2.

Native plant buffer. Impacts shall be minimized by providing a 10-foot buffer vegetated with native plant species and placing the project on the outer edge of the buffer rather than in or through the middle of the habitat area, except where this would prevent reasonable development of the lot.

3.

Additional onsite mitigation measures. Onsite mitigation such as revegetation, erosion and water quality protection, and other measures which would minimize the impact of development shall be included in project design as necessary.

F.

Development standards - Streams.

Stream habitat buffer. The minimum buffer strip for development near streams and creeks in Rural Areas as designated on the Comprehensive Plan maps shall be presumptively 100 feet from the top of bank and 50 feet for streams in Urban Areas as designated on the Comprehensive Plan maps. These minimum buffers may be adjusted upward or downward on a case-by-case basis but the buffer shall not preclude reasonable development of a lot. To protect the biological productively and water quality of streams, each buffer shall be established based on an investigation of the following factors, and after consultation with the California Department of Fish and Wildlife and California Regional Water Quality Control Board:

a.

Soil type and stability of stream corridors;

b.

How surface water filters into the ground;

c.

Slope of land on either side of the stream;

d.

Location of the 100-year flood plain boundary; and

e.

Consistency with adopted plans, particularly Biology/Habitat policies of the Montecito Community Plan.

2.

Prohibition on development within a riparian corridor. No structure shall be located within a stream corridor except:

a.

Public trails that would not adversely affect existing habitat;

b.

Dams necessary for water supply projects;

c.

Flood control projects where no other method for protecting existing structures in the floodplain is feasible, and where the protection is necessary for public safety;

d.

Other development where the primary function is for the improvement of fish and wildlife habitat; and

e.

Other development where this requirement would preclude reasonable development of a lot.

Culverts, fences, pipelines, and bridges (when support structures are located outside the critical habitat) may be permitted when no alterative route/location is feasible. All development shall incorporate the best mitigation measures feasible to minimize the impact to the greatest extent.

3.

Limitation on development, revegetation required. All development, including dredging, filling, and grading within stream corridors shall be limited to activities necessary for the construction of uses specified in Subsection F.2 (Prohibition on development within a riparian corridor) above.

a.

Development shall be in compliance with the following:

(1)

When development requires the removal of riparian plant species, re-vegetation with local native plants shall be required on both banks and extending outward 25 feet from each top of bank, except where it would preclude reasonable development of a lot.

4.

Riparian protection measures. Riparian protection measures shall be based on the project's proximity to riparian habitat and the project's potential to directly or indirectly damage riparian habitat through activities related to a Land Use Permit such as grading, brushing, construction, vehicle parking, supply/equipment storage, or the proposed use of the property. Damage could include vegetation removal/disturbance, erosion/sedimentation, trenching, and activities which hinder or prevent wildlife access and use of habitat. Prior to issuance of a Land Use Permit, the applicant shall include a note on the grading and building plans stating the following riparian habitat protection measures:

a.

A setback of 50 feet from either side of top-of-bank of the creek, that precludes all ground disturbance and vegetation removal; and

b.

That protective fencing shall be installed along the outer buffer boundary at the applicant's expense prior to initiation of any grading or development activities associated with a Land Use Permit. Storage of equipment, supplies, vehicles, or placement of fill or refuse, shall not be permitted within the fenced buffer region.

(1)

This measure may be modified or deleted in the event that the Director finds that it is not necessary to protect biological resources (e.g., due to topographical changes or other adequate barriers).

Onsite restoration required. Onsite restoration of any project-disturbed buffer or riparian vegetation within a creek shall be mandatory. A riparian revegetation plan, approved by the Director, shall be developed by a County approved biologist (or other experienced individual acceptable to the Director) and implemented at the applicant's expense. The revegetation plan shall use native species that would normally occur at the site prior to disturbance. The plan shall contain planting methods and locations, site preparation, weed control, and monitoring criteria and schedules.

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 area within the 100-year flood plain by alerting 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 35.472.110 (Land Use Permits) or a Zoning Clearance in compliance with Section 35.472.190 (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.

35.428.060 - Growth Management Ordinance (GMO) Overlay Zone

A.

Purpose and intent. The Growth Management Ordinance (GMO) overlay zone identifies areas where a growth management ordinance has been adopted due to infrastructure, public service, and resource constraints. The overlay zone defines development restrictions in addition to the other applicable requirements of this Development Code.

B.

Applicability.

1.

The GMO overlay zone is applied only to property that is subject to a growth management ordinance. All new development including subdivisions within the GMO overlay zone shall comply with the applicable growth management ordinance in addition to the requirements of the primary zone.

2.

The overlay zone shall continue to apply to the areas designated until the County determines that additional development can be accommodated by available infrastructure, public services, and resources such that a growth management ordinance is no longer necessary.

C.

Permit and processing requirements. The permit and processing requirements of the applicable growth management ordinance shall apply within the GMO overlay zone in addition to the requirements of this Development Code.

A.

Purpose and intent. The Montecito Hillside (H-MON) overlay zone is intended to preserve, enhance, and protect the visual and biological importance and natural mountainous setting of areas of Montecito that are steeply sloped and visually prominent. The overlay zone is also intended to protect mountainous areas and adjacent areas from erosion, scarring, flood and fire hazard and to promote safety, thereby implementing the policies of the Montecito Community Plan.

B.

Applicability. This overlay zone is applied to mountainous areas and areas adjacent to mountainous areas in the Montecito Community Plan area as shown on applicable Santa Barbara County Zoning Maps.

1.

Exceptions. The regulations of this overlay zone shall not apply to:

a.

Existing lawful structures and their reconstruction if they are of the same or lesser size, height and location and;

b.

Projects that have received preliminary or final approval from the Board of Architectural Review prior to June 15, 1995; and

c.

Subdivisions which have received Tentative Parcel or Final Map approval and contain specific conditions that mitigate size of structures, visibility, building materials and colors, erosion and flooding, as determined by the Director.

2.

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

C.

Development standards. All residential development within the H-MON overlay zone shall comply with the development standards in Section IV.C (Hillside Development Standards) of the Montecito Architectural Guidelines and Development Standards, and as provided below:

1.

The visual bulk of residential structures shall be minimized as viewed from scenic view corridors as shown on Figure 37, Visual Resources Map in the Montecito Community Plan EIR (92-EIR-03).

2.

The height of the primary residence should not exceed 16 feet.

3.

No elevation, including retaining walls adjacent to the structure, shall exceed an average height of 20 feet as measured at five-foot intervals from finished grade to the average height of the highest gable roof or to the top of the parapet of a flat roof. At no point shall the structure exceed 28 feet in height from any finished grade or existing grade, whichever is lower, to the highest gable, except for architectural features.

4.

Accessory structures except barns and stables shall not exceed 16 feet in height.

5.

Gross floor area and footprint limitations.

a.

All accessory structures. Accessory structures, including accessory structures containing one or more accessory uses, shall not exceed a building footprint area of 800 square feet as measured to the interior surface of exterior perimeter walls, posts, columns, or other supports.

(1)

This 800-square-foot building footprint limitation shall not apply to accessory dwelling units and junior accessory dwelling units allowed in compliance with Section 35.442.015 (Accessory Dwelling Units and Junior Accessory Dwelling Units), barns, and stables; however, an accessory structure shall not be attached to an accessory dwelling unit, junior accessory dwelling unit, barn, or stable if the total footprint area of the combined structure exceeds 800 square feet.

(2)

For the purposes of this Subsection C.5.a, "footprint" refers to how the building sits on the ground. The building footprint includes the following:

(a)

Any cantilevered portions of the structure as viewed perpendicularly from above.

(b)

Any fully enclosed, partially enclosed, or unenclosed portions of the accessory structure located beneath a solid roof or other permanent covering.

(c)

The area of any portions of roof eaves that extend more than three feet from the exterior wall of the building.

b.

Detached accessory buildings. The total gross floor area of all approved and proposed buildings located on a lot shall not exceed 40 percent of the gross lot area of the lot on which the proposed detached accessory building would be located.

(1)

For purposes of this Subsection C.5.b, "gross floor area" includes any fully enclosed, partially enclosed, or unenclosed floor area of the detached accessory building(s) covered by a solid roof or other permanent covering.

(2)

The gross floor area limitation in this Subsection C.5.b shall not apply to or otherwise limit the gross floor area of approved or proposed accessory dwelling units.

(3)

If an application includes an approved detached accessory dwelling unit and one or more detached accessory buildings, and the total gross floor area of all buildings located on the lot, both approved and proposed, would exceed 40 percent of the gross lot area, then the floor area of the proposed detached accessory building(s) shall be reduced as necessary in order to comply with the 40 percent of gross lot area limitation.

(4)

For purposes of this Subsection C.5.b, "approved" means that a valid land use entitlement exists for a detached accessory building or accessory dwelling unit, but the building or unit has not been constructed, or that construction of the detached accessory building or accessory dwelling unit has been legally completed. "Proposed" means that an application for a detached accessory building or accessory dwelling unit has been submitted to the Department, and final action on the application has not been taken.

6.

The floor area of guest houses, artist studios, or pool house/cabana shall not exceed 800 square feet; however, such structures may be attached to an accessory structure provided the building footprint of the combined structure does not exceed 800 square feet.

7.

Project grading shall not exceed 1,500 cubic yards of cut or fill, unless additional grading is necessary to allow reasonable development of the property or to achieve reasonable vehicular access. Exception: Excavation not apparent from the exterior, such as for basements entirely below grade, crawl spaces, swimming pools, underground water storage tanks, etc., shall not be included in the grading calculations under this provision. Grading may exceed 1,500 cubic yards if the Montecito Board of Architectural Review can make all of the following findings:

a.

The proposed grading respects the significant natural land forms of the site and blends with adjacent properties.

b.

The graded slopes relate to the natural contours of the site.

c.

The length and height of retaining walls have been minimized to the maximum extent feasible.

d.

There are no other suitable alternative building sites available on the property that could be utilized with significantly less required grading for the primary residence and/or access road.

8.

Fill for residential structures on downslope areas shall not be over 10 feet in height at the highest point (top of slope).

9.

Cut over thirty (30) feet in total height shall be avoided to the extent feasible.

10.

To the maximum extent feasible, freestanding vertical retaining walls shall not exceed eight feet in height. The height of the wall shall be measured from the natural or finished grade at the base of the lower side of the wall to the top edge of the wall material.

11.

Building materials and color schemes of structures, walls and roofs shall blend with predominant colors and values of the surrounding natural landscape.

12.

The design of new development shall protect, to the extent feasible, unique or special features of the site, such as landforms, rock outcroppings, mature trees, unique vegetative groupings, drainage courses, hilltops and ridgelines.

13.

Landscape plans shall include appropriate planting to reduce fire hazard, stabilize cut/fill slopes, reduce erosion, retain moisture, repair areas of required fire department brush removal, and integrate architectural components.

14.

Calculation of runoff from impervious surfaces shall be made by a licensed civil engineer prior to issuance of any permits for new residences or additions which exceed fifty (50) percent of existing floor area of the principal structure. Project review will include consideration of any increased runoff and its impact on offsite drainage courses. These calculations will be retained in County records for use in preparing a Master Drainage Plan.

Montecito Board of Architectural Review Adjustments: Adjustments to the development standards may be granted by the MBAR, not to exceed the regulations of the zoning ordinance, if all of the following criteria are met:

a.

Allowing greater flexibility would better serve the interests of good design, without negatively affecting neighborhood compatibility or the surrounding viewshed.

b.

The project is not within 100 feet of an Environmentally Sensitive Habitat area as delineated on the County Zoning Map or the project complies with the requirements of Section 35.428.040 of this Development Code.

c.

Drainage plans have been prepared which minimize erosional impacts.

d.

The project includes fire-retardant landscaping.

DIVISION 35.3 - Montecito Site Planning and Other Project Standards

CHAPTER 35.430 - STANDARDS FOR ALL DEVELOPMENT AND LAND USES