§ 35.436

The purpose of this Chapter is to ensure the provision and maintenance of safe, adequate, well-designed, off-street parking facilities in conjunction with a use or development. The intent is to reduce street congestion and traffic hazards and to promote an attractive environment through design and landscaping standards for parking areas. The standards in this Chapter shall be considered minimums, and more extensive parking provisions may be required by the Montecito Commission as a condition of project approval when the Montecito Commission is the original review authority.

Every use, including a change or expansion of a use or structure, except as otherwise provided for in Chapter 35.491 (Nonconforming Uses, Structures, and Lots) shall have appropriately maintained off-street parking and loading areas in compliance with the provisions of this Chapter. A use shall not be commenced and structures shall not be occupied until improvements required by this Chapter are satisfactorily completed.

35.436.030 - Recalculation of Parking Spaces Upon Changes of Use and Additions

A.

Change of use. Upon the change of a use, the number of parking spaces to be provided shall be calculated according to the requirements of this Chapter for the new use. Previous parking modifications granted by the review authority shall be null and void.

B.

Addition to use or structure. For additions to existing developments, the increased or decreased parking requirement shall be based on the aggregate total of the floor area and/or number of employees of existing and proposed structures and uses on the property.

Agricultural parking standards shall be in compliance with the provisions in this Section and Section 35.436.070 (Standards for All Zones and Uses) and Section 35.436.080 (Standards for Agricultural Zone and Uses) below.

Table 3-3- Agriculture Parking Standards

35.436.050 - Required Number of Spaces: Residential Uses

Residential parking requirements shall be in compliance with the provisions in this Section, and in Section 35.436.070 (Standards for All Zones and Uses) and Section 35.436.090 (Standards for Residential Zones and Uses) below.

Table 3-4- Residential Parking Standards

Notes:

(1) A minimum of two covered or uncovered parking spaces shall be required for all additions, individually or combined with previous additions permitted subsequent to May 16, 1995 of less than 50 percent of the floor area of the principal dwelling as it existed as of May 16, 1995. One-family and two-family dwellings legally existing as of May 16, 1995 shall not be considered nonconforming solely because the parking required by this section is not provided.

(2) If located within a one-mile radius of the boundaries of a college or university, a minimum of 2 parking spaces shall be provided, one of which shall be covered.

(3) See Subsection 35.423.060.D for parking requirements for qualifying affordable housing, senior housing, and special care housing developments.

(4) Does not apply to special care homes serving 6 or fewer clients that are permitted as a one-family dwelling.

(5) A reduction in required parking may be allowed: (1) with the submittal of a parking study that sets forth substantial evidence to support a reduction in the required parking (e.g., the daycare center involves clients that do not have access to automobiles, the daycare center is located in proximity to a major transit stop, and/or sufficient parking already exists on or near the project site); and (2) subject to a Minor Conditional Use Permit. If a Conditional Use Permit is otherwise required for the daycare center, a Minor Conditional Use Permit is not required and the decision-making authority shall consider the reduction in parking when considering the findings of approval for the Conditional Use Permit (Subsection 35.472.067.E).

(Ord. No. 5169, § 6, 11-29-2022)

35.436.060 - Required Number of Spaces: Nonresidential Uses

Nonresidential parking requirements shall be in compliance with the provisions in this Section, and in Section 35.436.070 (Standards for All Zones and Uses) and Section 35.436.100 (Standards for Nonresidential Zones and Uses) below.

Table 3-5- Nonresidential Parking Standards

Notes:

(1) A reduction in required parking may be allowed: (1) with the submittal of a parking study that sets forth substantial evidence to support a reduction in the required parking (e.g., the daycare center involves clients that do not have access to automobiles, the daycare center is located in proximity to a major transit stop, and/or sufficient parking already exists on or near the project site); and (2) subject to a Minor Conditional Use Permit. If a Conditional Use Permit is otherwise required for the daycare center, a Minor Conditional Use Permit is not required and the decision-making authority shall consider the reduction in parking when considering the findings of approval for the Conditional Use Permit (Subsection 35.472.067.E).

(Ord. No. 5169, § 6, 11-29-2022)

Off-street parking areas in all zones and for all uses shall be developed in the compliance with the standards in this Section, and as provided in Section 35.436.080 through Section 35.436.100.

A.

Bicycle parking requirements. For development (other than one-family dwellings or two-family dwellings) that is subject to the requirements of a Development Plan, the Montecito Commission shall determine if there is a need to provide bicycle parking. If a need exists, the Montecito Commission shall then determine the required number of bicycle parking spaces, bike racks, and locking devices that shall be provided.

B.

Construction and design.

1.

Parking areas shall be graded and drainage shall be provided so as to dispose of surface water without erosion, flooding, and other inconveniences or hazards.

2.

Uncovered parking areas and driveways shall be paved with a minimum of two inches of asphalt, concrete, masonry pavers, or equivalent, including pervious materials, on a suitable base.

3.

Parking spaces shall be marked and access lanes clearly defined. Bumpers and wheel stops shall be installed as necessary. Every stall designed to accommodate compact cars shall be clearly marked as a compact car stall.

4.

Except for residential uses within the 20-R-1 through 7-R-1, and 7-R-2 zones, parking areas shall be designed so that no vehicle shall be required to encroach into a street or sidewalk when backing out of a

parking space.

5.

The design of parking areas shall not require the moving of a car to gain access to a required parking space unless the applicable zone regulations specifically allow tandem parking.

6.

Parking areas serving uses operating at night shall be adequately lighted. Lighting shall be directed away from adjoining residences.

7.

The design of parking spaces and the maneuvering space in connection with the spaces shall be in compliance with the requirements of Table 3-6 (Parking Dimensions: One-Way Traffic) and Table 3-7 (Parking Dimensions: Two-Way Traffic), below, and as illustrated in Figure 3-8 through Figure 3-10, below.

C.

Driveways.

1.

Width, number, and location. Unless otherwise provided in the specific, applicable zone, the width and number of driveways in relation to intersections, obstructions, other driveways, and property lines shall be in compliance with the engineering design standards adopted by the Board.

2.

Driveways to parking areas. A driveway used for access to a parking area shall be a minimum of 10 feet wide in clear distance between any obstruction to vehicular traffic.

3.

Special requirements. Upon recommendation of the Director or the Public Works Department, or upon their own initiative when considering a project, the Montecito Commission may place special requirements on an individual building site that will have the effect of reducing or increasing the number or width of driveways or prescribing their location on the building site when the Montecito Commission determines that special requirements either reduce or do not create traffic hazards or street parking problems. The imposition of these special requirements shall be final subject to appeal to the Board in compliance with Chapter 35.492 (Appeals).

D.

Gross floor area measurement. For the purposes of this Chapter, gross floor area shall be the measure of the square footage for a project; however, stairways and open, unenclosed corridors shall be excluded.

E.

Fractional space. Where the standards result in a fractional space, the next larger whole number shall be the number of spaces required.

F.

Handicapped parking spaces. Parking areas shall provide handicap parking spaces as required under State and Federal law.

G.

Joint use of parking facilities for mixed use development. In order to encourage efficient use of commercial parking space and good design practices, the total parking requirements for conjunctive uses and mixed uses shall be based on the number of spaces adequate to meet the various needs of the individual uses operating during the peak parking period.

H.

Location. Off-street parking spaces shall not be located in the required front or side setback area unless specifically allowed in the applicable zone regulations. Provisions shall be made for direct access from the street to each parking space. The access shall be adequate for standard size automobiles unless the parking area is restricted to compact cars.

I.

Maintenance of minimum parking requirements. The minimum number of parking spaces required in this Chapter shall be provided and continuously maintained.

J.

Maintenance of parking areas and parking spaces. A parking area or parking space provided for the purpose of complying with the provisions of this Chapter shall not be eliminated, reduced, or converted unless equivalent facilities approved by the review authority are provided elsewhere in compliance with this Chapter. The permit for the use for which the parking was provided shall immediately become void upon the failure to comply with the requirements of this Section.

K.

Modifications of parking requirements. Modifications to the parking requirement may be granted, in compliance with Section 35.442.015 (Accessory Dwelling Units and Junior Accessory Dwelling Units), Section 35.472.060 (Conditional Use Permits), Section 35.472.080 (Development Plans), Section 35.472.120 (Modifications), or Section 35.472.180 (Variances).

L.

Parking requirement not listed. Where the parking requirement for a use is not specifically provided in this Chapter, the parking requirement shall be determined by the Director based upon the requirement for the most comparable use specified in this Chapter.

M.

Size. Parking space sizes shall comply with the following standards:

1.

Residential parking spaces shall be a minimum of 8.5 feet wide by 16.5 feet long.

2.

Nonresidential parking spaces:

a.

Compact spaces shall be a minimum of 8 feet wide by 14.5 feet long.

b.

Standard spaces shall be a minimum of 9 feet wide by 16.5 feet long.

35.436.080 - Standards for Agricultural Zone and Uses

A.

Marking or striping.

1.

Agricultural developments not requiring Development Plan approval shall not be required to comply with design specifications for marking or striping, except for handicap parking spaces required under State and Federal law.

2.

Agricultural development projects requiring Development Plan approval may request that the review authority waive certain design specifications for marking or striping otherwise required in Subsection 35.436.070.B.3 above.

B.

Screening - Greenhouses. Onsite parking areas for greenhouses, and other plant protection structures located shall be screened from the view of adjacent public streets in compliance with Section 35.434.090 (Landscaping Requirements for Parking Areas).

35.436.090 - Standards for Residential Zones and Uses

A.

Location. Required residential parking spaces shall be provided on the same site that the dwelling is located. For dwelling units containing two or more bedrooms in multiple-family residential developments, spaces shall be located within 200 feet of the dwelling that the space serves.

B.

Overnight parking of commercial vehicles, R-1/E-1 and R-2 zones. For one-family and two-family dwelling units located on property zoned either R-1/E-1 or R-2, not more than one bus or non-passenger motor vehicle or trailer used in commerce may be parked overnight on a lot. The bus, motor vehicle, or trailer shall not exceed two axles, four tons, or eight feet in height. This restriction shall not apply to the emergency overnight parking of disabled motor vehicles or trailers and the occasional overnight parking of moving vans, pickup, or delivery or construction vehicles or trailers when occasional overnight parking is reasonably serving the residential use of a particular lot.

C.

Storage of oversized vehicles, R-1/E-1 and R-2 zones. On property zoned either R-1/E-1 or R-2 zone, no portion of an actual yard shall be used for a period of 48 or more consecutive hours for the storage of motor vehicles over seven feet in height, trailers, airplanes, boats, campers, or camper shells, unless screened from the abutting streets and adjacent properties by landscaping, fencing, or walls. Within this subsection, the term "yard" is defined as an open space that lies between any principal or accessory building and the nearest lot line.

D.

Tandem parking. Tandem parking shall be allowed on residentially zoned lots of 7,000 square feet or less.

E.

Design Residential (DR) zone.

1.

Construction and design. Parking areas shall be arranged to prevent through traffic to other parking areas.

2.

Landscape/screening of parking areas. Uncovered parking areas shall be screened in compliance with Subsection 35.434.060.A (Design Residential (DR) zone) and Section 35.434.090 (Landscaping Requirements for Parking Areas).

3.

Location. Parking lots, carports, and garages designed and used for individual units within a development may be either adjacent to the units or centrally located to serve a group of units.

4.

Setbacks. Uncovered parking areas shall not be located closer than 15 feet to the street right-of-way line and, five feet to any other property line.

F.

Planned Residential Development (PRD) zone.

Construction and design. Parking areas shall be arranged to prevent through traffic to other parking areas.

2.

Landscape/screening of parking areas. Uncovered parking areas shall be screened and landscaped in compliance with Subsection 35.434.060.B (Planned Residential Development (PRD) zone) and Section 35.434.090 (Landscaping Requirements for Parking Areas).

G.

Exterior parking. The following standards apply to the keeping, parking, or storage (hereinafter referred to as "parked" or "parking" within the meaning of this Subsection G) of operative and inoperative motor vehicles and recreational vehicles outside of a fully enclosed or fully screened structure. A Land Use Permit in compliance with Section 35.472.110 (Land Use Permits) is not required to establish exterior parking except when 1) this Subsection 35.436.090.G requires a permit, or 2) the parking involves construction of a new structure or alteration of an existing structure that is not exempt from a Land Use Permit in compliance with Section 35.420.040 (Exemptions from Planning Permit Requirements), or 3) the parking is not in compliance with Section 35.420.040 (Exemptions from Planning Permit Requirements). However, other permits may be required in compliance with Chapter 17 (Solid Waste Services), Chapter 19 (Junk Yards and

Dumps) and Chapter 23 (Motor Vehicles and Traffic) of the County Code. Nothing in this Subsection 35.436.090.G shall be construed as preventing the enforcement or implementation of the provisions of Chapter 17 (Solid Waste Services), Chapter 19 (Junk Yards and Dumps) and Chapter 23 (Motor Vehicles and Traffic) of the County Code.

1.

Current registration or certificate of non-operation required. All motor vehicles and recreational vehicles parked on a lot outside of a fully enclosed or fully screened structure shall either:

a.

Have a current, unexpired registration with the California Department of Motor Vehicles that allows the vehicle to be driven, moved, towed or left standing (parked) upon any road or street; or,

b.

Have a current, unexpired certificate of non-operation or planned non-operation on file with the California Department of Motor Vehicles.

2.

Limitation on number.

a.

Not including the number of vehicles for which parking spaces are required to be provided in compliance with Section 35.436.050 (Required Number of Spaces: Residential Uses), the exterior parking of operative motor vehicles and recreational vehicles is allowed provided that the number of such vehicles parked on a

lot outside of a fully enclosed or fully screened structure does not exceed one per each bedroom located within the dwelling(s) on the lot.

(1)

Parking allowed in compliance with this Subsection G.2.a may be located on driveways including portions of driveways located within a required front setback or side setback area provided:

(a)

Any portion of a driveway on which parking occurs shall be paved with a minimum of two inches of asphalt, concrete, masonry pavers, or equivalent, including pervious materials, on a suitable base.

(b)

The width of any portion of a driveway located in a front setback area driveway shall not exceed 50 percent of the adjacent street frontage for each front setback area.

(c)

All parking located within a required front setback shall be located within one contiguous area for each street frontage.

b.

Additional parking allowed. In addition to exterior parking allowed in compliance with Subsection G.2.a, above, the exterior parking of operative and inoperative motor vehicles and recreational vehicles that are registered with the California Department of Motor Vehicles to a person(s) residing on the lot on which the parking occurs outside of a fully enclosed or fully screened structure is allowed in compliance with the following standards.

(1)

The number of vehicles and the area used for the parking of said vehicles shall be limited to the following maximum number and area based upon the lot area of the lot on which the vehicles are parked:

(2)

Any area used for parking shall be located so that vehicles parked thereon are not visible from any public road or other area of public use (e.g., park, trail), or any adjoining lot.

(a)

Structures or other devices used to comply with this requirement shall not include awnings, fabric shelters, tents, vehicle covers and similar structures or other devices of a nonpermanent type of construction.

(3)

On lots having a net lot area of less than 20,000 square feet, vehicles shall not be parked in any area located between the front line of the lot and the principal dwelling.

3.

Additional standards for inoperative motor vehicles and recreational vehicles. The parking of inoperative motor vehicles and recreational vehicles outside of a fully enclosed or fully screened structure shall also comply with the following standards in addition to the standards listed in Subsections G.1 and G.2, above:

a.

Vehicles shall not be parked on parking spaces required in compliance with Section 35.436.050 (Required Number of Spaces: Residential Uses).

b.

Any area use for parking shall be designed and installed to prevent the discharge of pollutants onto adjacent lots and adjacent streets.

c.

Vehicles that are parked for a period in excess of 14 consecutive days without being moved under their own motive power shall be drained of gasoline, oil and other flammable liquids.

d.

The parking of inoperative motor vehicles regulated under Subsection 35.423.050.C (Motor vehicle assemble, dismantling, maintenance, repair, restoration, etc.) shall also be in compliance with the requirements of that Subsection.

4.

Modifications to standards allowed with a Conditional Use Permit. Parking of motor vehicles and recreational vehicles that does not comply with the standards contained in Subsections G.1 through G.3, above, may be allowed in compliance with a Conditional Use Permit approved in compliance with Section 35.472.060 (Conditional Use Permits).

5.

Noncompliance deemed a violation of this Development Code. The parking of motor vehicles and recreational vehicles that does not comply with the standards contained in Subsections G.1 through G.3, above, or is not allowed by a Conditional Use Permit approved in compliance with Section 35.472.060 (Conditional Use Permits) as allowed by Subsection G.4, above, shall be considered a violation of this

Development Code and subject to enforcement and penalties in compliance with Chapter 35.498 (Enforcement and Penalties).

A.

Compact spaces. Thirty percent of the required parking for nonresidential uses may be provided as compact car spaces.

B.

Location. For nonresidential structures or uses, the required parking spaces shall be provided within 500 feet of the principal structure, or site if there is no principal structure, as measured along streets excluding alleys.

C.

Off-street loading facilities. Off-street loading facilities shall be in compliance with the following standards:

1.

Number of loading spaces. For every newly constructed structure to be occupied by commercial uses requiring the receipt or distribution by vehicles of materials and merchandise (e.g., retail store, market, restaurant, hotel), one off-street loading space shall be provided for every 3,000 or more square feet gross floor area.

2.

Dimensions. Each loading space shall not be less than 10 feet in width, 30 feet in length, and with an overhead clearance of 14 feet.

3.

Setback restrictions. The space may not be located in any part of any required front or side setback.

4.

Safety. The space shall be designed to ensure that it will not interfere with vehicular circulation, parking, or with pedestrian circulation.

D.

Neighborhood Commercial (CN) zone. Required parking spaces shall be provided as follows:

1.

On the same lot or premises as the main structure;

In public or private parking lots permanently committed to parking within 500 feet of the lot or premises on which the main structure is located as measured along streets not alleys.

E.

Resort/Visitor Serving Commercial (CV) zone.

1.

The Montecito Commission may require additional parking for projects that provide for public access to and use of recreational facilities or open space.

2.

Parking areas shall be broken into small groupings of parking spaces and shall be fully landscaped.

Table 3-6 - Parking Dimensions: One-Way Traffic (All Dimensions in Feet)

Note: Specifications for any parking angle not specifically enumerated can be determined by interpolation from the above table.

Table 3-7 - Parking Dimensions: Two-Way Traffic (All Dimensions in Feet)

Angle W1 W2 W3 W4

Note: Specifications for any parking angle not specifically enumerated can be determined by interpolation from the above table.

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Figure 3-8 - Parallel Parking Diagram

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Figure 3-9 - Angle Parking One-Way Traffic Diagram

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Figure 3-10 - Angle Parking Two-Way Traffic Diagram

CHAPTER 35.437 - REASONABLE ACCOMODATION