§ 35.442

35.442.040 - Animal Keeping

A.

Purpose and intent. This Section identifies the locations, types, and numbers of animals that may be kept, and the methods by which animals shall be kept, raised and maintained, under the circumstances specified. The intent of this Section is to ensure that animal keeping does not create an adverse impact on adjacent properties (e.g., dust, fumes, insect infestations, noise, odor, pollution of streams, creeks and

wetlands due to soil erosion and sedimentation, propagation of flies and other disease vectors, visual blight) by providing standards for maintaining animals.

B.

Applicability. This Section applies to any keeping of animals as either an accessory and incidental use or principal use, except for pet stores, animal clinics, animal hospitals and veterinarian offices. This Section shall not apply to animals that are less than six months in age.

C.

In general.

1.

Animal keeping uses shall comply with the standards in Subsection F (Specific animal keeping standards) below, and other applicable standards and requirements of this Development Code.

2.

Animal keeping activities are subject to the requirements of this Section regardless of whether a permit is required.

3.

Additional permits may be required by other provisions of this Development Code for structures used to enclose or house animals.

4.

Certain animal keeping activities may also be subject to the permit requirements of County departments other than the Department in compliance with the County Code.

D.

Types of animals, permit requirements, maximum numbers, and minimum site areas for animal keeping. Table 4-1 through Table 4-4 identifies the type of animal or animal keeping activity allowed in each zone, the permit requirements, the maximum allowable number of animals per lot, and the minimum required site area. Where the last column in a table ("Additional Regulations") includes a Section number, the referenced Section may establish other requirements and standards applicable to the animal keeping activity.

E.

Use of property for animals different in species or greater in number. In all zones, a lot may be used for the keeping of animals that are of a different species than those identified in Table 4-1 through Table 4-4 or where the number of animals is greater than that specified in Table 4-1 through Table 4-4 in compliance with a Conditional Use Permit approved in compliance with Section 35.472.060 (Conditional Use Permits).

F.

Specific animal keeping standards. The following requirements apply to the keeping of animals identified in Subsection D (Types of animals, permit requirements, maximum numbers, and minimum site areas for animal keeping) above, in addition to other applicable standards of this Section and Development Code.

1.

Household pets. Where allowed in Table 4-1 through Table 4-4 , household pets shall be kept in compliance with the following standards. The restrictions contained in this Subsection F.1 shall not apply if an animal may be kept in compliance with a different "Type of Animal or Animal Keeping Activity" listed in Table 4-1 through Table 4-4 for the applicable zone.

a.

The keeping of household pets shall be accessory to a residential use of a dwelling located on the lot where the animal keeping occurs

b.

There shall be no more than three dogs permitted on a single lot.

c.

Such animals are for the domestic use of the residents of the lot only and are not kept for commercial purposes.

d.

The keeping of such animals shall not be injurious to the health, safety or welfare of the neighborhood and does not create offensive noise or odor as determined by the Director after advice from the Public Health Department.

e.

Enclosures for such animals shall be located no closer than 25 feet to any dwelling located on another lot.

f.

No rooster or peacock shall be kept or raised on the lot.

2.

Special standards and requirements for animal keeping in the R-1/E-1, R-2, and DR zones.

a.

Accessory use.

(1)

The animal keeping shall be accessory to a residential use of a dwelling located on the lot where the animal keeping occurs.

(2)

The animals are for the domestic use of the residents of the lot only and are not kept for commercial purposes.

b.

Animal enclosures for large animals.

(1)

No stable, barn or other enclosure for large animals (e.g., paddock, corral) shall be located on a single lot having a gross area of less than 20,000 square feet.

(2)

No portion of a stable, barn or other enclosure for large animals shall be located closer than:

(a)

40 feet to any dwelling located on another lot.

(b)

70 feet to any street centerline and 20 feet to any street right-of-way.

(c)

15 feet from the rear property line.

(d)

10 feet from the side property lines.

(e)

10 feet from the property lines of an interior lot.

c.

Limitation on dogs. No more than three dogs shall be allowed on a lot unless a Conditional Use Permit approved in compliance with Section 35.472.060 (Conditional Use Permits) for either a commercial or noncommercial kennel is first obtained.

d.

Small non-hoofed animals. Small non-hoofed animals (e.g., bees, chickens, birds, ducks, rabbits) may be allowed provided that:

(1)

The keeping of such animals is not injurious to the health, safety or welfare of the neighborhood and does not create offensive noise or odor as determined by the Director after advice from the Public Health Department.

(2)

Enclosures for such animals shall be located no closer than 25 feet to any dwelling located on another lot.

e.

Odor and vector control. Animal enclosures shall be maintained free from litter, garbage and the accumulation of manure, in order to discourage the proliferation of flies, other disease vectors, and offensive odors. Sites shall be maintained in a neat and sanitary manner.

f.

Storage and disposal of animal waste. Animal waste shall be removed and disposed of or stored in a manner that prevents unsanitary conditions and breeding of flies. Manure shall not be allowed to accumulate so as to cause as hazard to the health, welfare, or safety of humans and animals, or to contaminate surface or subsurface water quality.

g.

Erosion and sedimentation control. In no case shall an animal keeping operation be managed or maintained so as to produce sedimentation on any public road, adjoining property, or in any drainage channel. In the event such sedimentation occurs, the keeping of animals outdoors on the site shall be deemed a nuisance and may be subject to abatement in compliance with Chapter 35.498 (Enforcement and Penalties).

h.

[Reserved.]

i.

Drainage. Where livestock are kept in enclosed corrals or barns, provisions shall be made for proper drainage and control of runoff to prevent stagnant, standing water, or the flow of contaminated water in surface or subsurface water supplies.

3.

Special standards and requirements for animal keeping in the RMZ zone. In the RMZ zone, except for agricultural grazing, animal keeping shall be accessory to a residential use of a dwelling located on the lot where the animal keeping occurs and shall be limited to non-commercial uses only.

4.

Wildlife species rehabilitation. The rehabilitation of wildlife species that commonly occur within the County is allowed in all zones subject to the following requirements. For the purposes of this Section, the rehabilitation of wildlife species shall mean the provision of nursing care to sick or injured wildlife prior to returning the animal to the wild.

a.

Permit requirements. No permit is required for wildlife species rehabilitation activities except that permits may be required by other provisions of this Development Code (e.g., for structures used to enclose or house animals) and by other chapters of the County Code. However, such structures shall not be allowed on lots zoned RMZ.

b.

Development standards. Wildlife species rehabilitation activities shall comply with the standards of Subsection 2.b, Subsection 2.e, and Subsection 2.f, above.

c.

Cessation of wildlife rehabilitation activities. The wildlife species rehabilitation shall be conducted in a manner that is not injurious to the health, safety, or welfare of the neighborhood and does not create offensive noise or odor as determined by the Director after advice from the Public Health Department. If the Director determines that the wildlife species rehabilitation is injurious to the health, safety, or welfare of the neighborhood and/or does create offensive noise or odor, the Director may order the cessation of the wildlife species rehabilitation activities. The decision of the Director is final subject to appeal in compliance with Chapter 35.492 (Appeals).

G.

Multiple animal types. More than one species of animals allowed in compliance with Subsection D may be kept on a single lot provided that:

1.

The requirements of Subsection D and Subsection F and all other applicable provisions of this Section are satisfied for each species.

2.

Where multiple proposed animal species have equivalent animal density requirements (maximum number of animals per lot) established by Subsection D, the total number of animals shall not exceed the density requirement (e.g., in the R-1/E-1 zone, cattle and horses are both limited to a density of one animal per 20,000 square feet of site area with a maximum of five such animals per lot. A lot with two acres could have as many as four horses or cows, or any combination of horses and cows, as long as the total did not exceed four.)

alpacas; ostriches (2)

Notes:

(1) See Subsection 35.442.040.G (Multiple animal types) above.

(2) Does not include commercial boarding or raising of animals where such services are offered to members of the public.

Notes:

(1) See Subsection 35.442.040.G (Multiple animal types) above.

(2) Does not include commercial boarding or raising of animals where such services are offered to members of the public.

Notes:

(1) See Subsection 35.442.040.G (Multiple animal types) above.

Notes:

(1) See Subsection 35.442.040.G (Multiple animal types) above.

A.

Purpose and applicability. This Section establishes standards for automobile service stations, where allowed by Division 35.2 (Montecito Zones and Allowable Land Uses).

B.

Development standards.

1.

Gas or gasoline shall not be stored above ground.

2.

The sale of new or used automobiles, trailers, boats, and other products not related to motorist needs shall not be allowed.

3.

Tire recapping, battery repair or rebuilding, radiator repair, and steam cleaning shall not be allowed.

A.

Purpose and applicability.

1.

Purpose. This Section establishes standards that are designed to protect the public health, safety, and welfare, enact strong and effective regulatory and enforcement controls, as a result of and in compliance with State law, protect neighborhood character, and minimize potential for negative impacts on people, communities, and the environment, by establishing minimum land use requirements for medicinal and adult use cannabis activities including cultivation, processing, distribution, manufacturing, testing and sales.

2.

Applicability. The standards of this Section shall apply to all commercial cannabis activities as defined in Division 35.10 (Glossary).

a.

Nothing in this Section is intended, nor shall it be construed, to allow persons to engage in conduct that endangers others or causes a public nuisance.

b.

Nothing in this Section is intended, nor shall it be construed, to exempt the cultivation of cannabis from compliance with all other applicable County zoning and land use regulations, as well as other applicable provisions of the County Code, State and local cannabis licensing requirements, or compliance with any applicable State laws.

c.

All persons operating facilities and conducting cannabis activities, as defined in this Section, are subject to possible federal prosecution, regardless of State licensure. Any land use or other entitlement from the County does not assert or provide any federal protections.

d.

The provisions of this Section shall not be construed to protect any person from prosecution pursuant to any laws that may prohibit the cultivation, sale, distribution, possession, use of and/or any other activity associated with controlled substances, or to authorize conduct that is unlawful under State or Federal law. Moreover, cultivation, sale, possession, distribution, and use of cannabis remain violations of Federal law as of the date of adoption of the ordinance creating this Section and this Section is not intended to, and does not authorize conduct or acts that violate Federal law and does not protect any person from arrest or prosecution under those Federal laws. Persons engaged in cannabis activities assume any and all risk and any and all liability that may arise or result under State and Federal laws from the cultivation, sale, possession, distribution, use of cannabis and/or any other cannabis activity.

B.

Cultivation for personal use allowed. The cultivation of cannabis for personal use is allowed without a land use entitlement, provided that it complies with the following standards:

1.

Only adults 21 years or older may cultivate cannabis for personal use.

2.

Cultivation of cannabis for individual use shall only occur within:

a.

a legally established private residence, or

b.

an enclosed, legally established building that is accessory to the private residence.

Outdoor cultivation is prohibited.

3.

Possession, storage, and/or cultivation of cannabis shall only be exclusively for the cultivator's personal use, and the cannabis shall not be provided, donated, sold, and/or distributed to any other person except, as allowed by and as described in the Compassionate Use Act for primary caregivers who cultivate medicinal cannabis.

4.

Personal cultivation of cannabis is limited to six plants per legally established dwelling, unless otherwise allowed by State law in the Compassionate Use Act for medicinal cannabis.

5.

The area dedicated to cultivation shall not be located in an area that is designated for a use that is required in order to comply with a regulation of this ordinance (e.g., in a garage if the growing area would occupy required parking spaces for the residential use of the property).

6.

None of the cannabis cultivation or consumption activities shall be detectable (e.g., due to odor or lighting) outside of the dwelling or building in which the activities occur.

C.

Commercial cannabis activities prohibited. All commercial cannabis activities for medicinal and/or adult use are prohibited. Commercial cannabis activities that are subject to this prohibition include, but are not limited to, all cannabis activities that require the issuance of a State license.

A.

Purpose and applicability. This Section provides standards for caretaker and employee housing where allowed in compliance with Division 35.2 (Montecito Zones and Allowable Land Uses).

B.

Development standards. Caretaker or employee housing shall be occupied by the owner, manager or caretaker of the lot who oversees or operates the principal use of the property or provides security (e.g., night watchmen).

A.

Purpose and applicability. This Section establishes standards for community care facilities where allowed in compliance with Division 35.2 (Montecito Zones and Allowable Land Uses). Community care facilities shall be operated in compliance with State law and in a manner that recognizes the needs of community care operators and minimizes the effects on surrounding properties. Licensing by the appropriate State agency is required for community care facilities unless they are able to operate legally without a license in compliance with State law.

B.

Family day care home. Large and small family day care home.

1.

Allowable uses and permit requirements, for day care home serving adults. Large and small family day care homes, serving adults shall be allowed in compliance with Division 35.2 (Montecito Zones and Allowable Land Uses).

a.

The use of a family day care home shall be incidental and secondary to the use of the property for residential purposes and must be located in the day care provider's current residence.

2.

Allowable uses and permit requirements, for day care home serving children. Small and large family day care homes, serving children shall be considered a residential use unless otherwise preempted by State Law, and exempt from permit requirements in compliance with Division 35.2 (Montecito Zones and Allowable Land Uses).

3.

Standards.

a.

During the operation of the family day care home, the provider shall have a valid license or a statement of exemption from licensing requirements from the California State Department of Social Services if such license or exemption is required in compliance with Health and Safety Code Section 1597.44.

C.

Day care centers.

1.

Allowable uses and permit requirements, for adult day care centers. A day care center where group care is provided in a dwelling for fifteen (15) or more adults, may be allowed in compliance with Division 35.2 (Montecito Zones and Allowable Land Uses).

2.

Allowable uses and permit requirements, for child day care centers. A day care center where group care is provided in a dwelling for fifteen (15) or more children, may be allowed in compliance with Division 35.2 (Montecito Zones and Allowable Land Uses).

a.

Day care center, accessory use to dwelling. A day care center where group care is provided in a dwelling for fifteen (15) or more children, including children who reside at the home, as an accessory use to the principal use of a lot as a dwelling may be allowed in compliance with Section 35.472.060 (Conditional Use Permits).

b.

Day care center, accessory use to non-dwelling. A day care center that is accessory to a non-residential principal assembly use (e.g., school, church, and/or office) may be allowed in compliance with the following specifications:

(1)

Day care centers serving up to and including fifty (50) children may be allowed with a Land Use Permit in compliance with Section 35.472.110 (Land Use Permits). If the existing non-dwelling principal assembly use is subject to a Conditional Use Permit, a revision to the existing Conditional Use Permit is not required to allow the day care center serving up to and including fifty (50) children.

(2)

Day care centers serving fifty-one (51) or more children may be allowed with a Conditional Use Permit or revision to the existing Conditional Use Permit for the principal use of the lot, if applicable.

c.

Day care center, principal use. A day care center where group care is the principal use of a lot may be allowed in compliance with Division 35.2 (Montecito Zones and Allowable Land Uses).

(1)

Day care centers serving up to and including fifty (50) children may be allowed with a Land Use Permit in compliance with Section 35.472.110 (Land Use Permits).

(2)

Day care centers serving fifty-one (51) or more children may be allowed with a Conditional Use Permit in compliance with Section 35.472.060 (Conditional Use Permits).

3.

Standards.

a.

Day care centers shall comply with the Parking and Loading Standards in Chapter 35.436 (Parking and Loading Standards).

D.

Special care homes.

1.

In general.

a.

Special care homes are residential care facilities (including group homes) licensed by the State that provide non-medical care on a 24-hour basis to persons who require special care or services including assistance with daily living activities.

(1)

A special care home may provide incidental medical services such as the giving of medication that can normally be self-administered.

b.

The requirements of this Development Code may be modified in compliance with Chapter 35.437 (Reasonable Accommodation) if necessary to comply with the Federal Fair Housing Act and the California Fair Employment and Housing Act relating to accommodations for persons with disabilities including allowances for structural installations that are necessary to accommodate disabled residents (e.g., handrails, lifts, ramps).

c.

During the operation of a special care home the provider shall have a valid license or a statement of exemption from licensing requirements from the California State Department of Social Services in compliance with State law.

2.

Special care homes serving six or fewer persons. For the purposes of this Subsection D.2, the term family dwelling includes single-family dwellings, units in multifamily dwellings, including units in duplexes and units in apartment dwellings, mobilehomes, including mobilehomes located in mobilehome parks, units in cooperatives, units in condominiums, units in townhouses, and units in planned unit developments.

a.

Considered a residential use. In compliance with California Health and Safety Code Section 1566.3, a special care home licensed by the State that serve six or fewer persons shall be considered a residential use of property, and the residents and operators of the facility shall be considered a family as this term is used in this Development Code in relation to the residential use of property.

b.

Allowable restrictions.

(1)

Restrictions on structure height, setbacks, lot dimensions or placement of signs of a special care home that serves six or fewer persons may be applied as long as such restrictions are identical to those applied to other family dwellings of the same type in the same zone.

(2)

A special care home that serves six or fewer persons shall comply with County ordinances that deal with health and safety, building standards, environmental impact standards, or any other matter within the jurisdiction of the County including the imposition of fines and other penalties associated with violations of local ordinances provided the ordinance:

(a)

Does not distinguish special care homes that serve six or fewer persons from other family dwellings of the same type in the same zone; and,

(b)

Does not distinguish residents of the special care home from persons who reside in other family dwellings of the same type in the same zone.

c.

Considered a dwelling. Special care homes that serve six or fewer persons are considered a dwelling and shall be allowed in compliance with Division 35.2 (Montecito Zones and Allowable Land Uses). Such facilities shall not be included within the definition of a boarding house, rooming house, institution or home for the care of minors, the aged, or persons with mental health disorders, foster care home, guest home, rest home, community residence, or other similar term that implies that the special care home is a business run for profit or differs in any other way from a family dwelling.

d.

Fees. Such facilities shall not be subject to any business taxes, local registration fees, use permit fees, or other fees to which other dwellings of the same type in the same zone are not likewise subject.

e.

Not a change in occupancy. Use of a family dwelling for purposes of a special care home serving six or fewer persons shall not constitute a change of occupancy for purposes of local building codes.

f.

Processing.

(1)

Special care homes that serves six or fewer persons may be allowed in compliance with Division 35.2 (Montecito Zones and Allowable Land Uses). The review of an application for such a special care home shall be a ministerial action and no Conditional Use Permit, Variance, or other planning permit shall be required the special care home that is not required of a dwelling of the same type in the same zone

(2)

If required, notice of the application and pending decision on a permit for a special care home shall be given in compliance with Chapter 35.496 (Noticing and Public Hearings).

(3)

When a special care home serving six or fewer persons is proposed to be located in a zone where the residential use requires a Conditional Use Permit, an additional Conditional Use Permit is not required for the special care home if the residential use has obtained the necessary Conditional Use Permit in compliance with Section 35.472.060 (Conditional Use Permits).

3.

Special care homes serving seven or more persons.

a.

Conditional Use Permit required. A special care home serving seven or more persons shall be required to obtain a Conditional Use Permit in compliance with Section 35.472.060 (Conditional Use Permits) and Division 35.2 (Montecito Zones and Allowable Land Uses) prior to the operation of the special care home.

b.

Development standards.

(1)

There shall be only a single kitchen.

(2)

Off-street parking shall be provided in compliance with Chapter 35.436 (Parking and Loading Standards).

(Ord. No. 5169, § 8, 11-29-2022; Ord. No. 5203, § 8, 2-13-2024)

35.442.080 - Reserved 35.442.090 - Reserved 35.442.100 - Drive-through Facilities

A.

Purpose and applicability. This Section provides standards for the operation of drive-through facilities where allowed in conformance with Division 35.2 (Montecito Zones and Allowable Land Uses).

B.

Standards.

1.

A drive-through facility shall be accessory to a permitted use where allowed in compliance with Division 35.2 (Montecito Zones and Allowable Land Uses).

2.

A drive-through facility shall have no greater adverse impact upon air quality than the same use without the drive-through facility.

35.442.105 - Farmworker Housing

A.

Purpose. As stated in Government Code Section 65580(a), the State Legislature has declared that the availability of housing, including farmworker housing, is of vital statewide importance. Furthermore, California Health and Safety Code Section 17000, et seq., known as the Employee Housing Act, includes regulations that require local jurisdictions to allow the development of farmworker housing provided such housing complies with the Employee Housing Act. Therefore, the purpose of this Section is to promote the development of, and establish development standards for, farmworker housing consistent with this legislative declaration and in compliance with the California Health and Safety Code.

B.

Applicability. The standards of this Section shall apply to the development of Farmworker Employee Housing as that use is defined in Section 35.500.020 (Definition of Specialized Terms and Phrases) and as may be allowed in compliance with the approval of the applicable permit identified in Chapter 35.422 (Resource Protection Zones), Chapter 35.423 (Residential Zones) and Chapter 35.424 (Commercial Zones).

C.

Farmworker housing requirements.

1.

State regulations. All farmworker housing shall also comply, where applicable, with all of the following:

a.

California Health and Safety Code Section 17000 through 17062.5, also known as the Employee Housing Act.

b.

California Health and Safety Code Section 18200 et seq., also known as the California Mobilehome Parks Act.

c.

California Health and Safety Code Section 18860 et seq., also known as the California Special Occupancy Parks Act.

2.

Farmworker housing may be developed and/or maintained for the purpose of providing permanent, seasonal or temporary employee housing for farmworkers.

3.

Farmworker housing may be allowed, but not required, to be:

a.

Developed or provided by the employer(s) of the farmworker; and/or

b.

Located on the same property where the qualifying farm work is being performed.

4.

If farmworker housing is developed and/or provided by a person or entity other than the farmworker's employer, the farmworker housing shall consist only of:

a.

Seasonal or temporary farmworker housing, or

b.

A manufactured home, mobilehome, travel trailer, or recreational vehicle, if such housing is intended to be permanent (i.e., permanent employee housing).

Prior to the approval of a Building Permit for a farmworker housing complex, the applicant shall submit all required information to, and obtain all applicable approvals from, the following County departments:

a.

Fire Department.

b.

Planning and Development Department.

c.

Public Health Department.

d.

Public Works Department.

6.

Within 30 days after obtaining the appropriate permit from the California Department of Housing and

Community Development (HCD) to operate farmworker housing, and annually thereafter, the applicant shall submit a completed verification form to the Director describing all of the following:

a.

The farmworker housing, including the number of units, spaces or beds.

b.

The number and employment status of the residents of the farmworker housing, and any other employment information regarding the residents required by the Director.

c.

Proof that the HCD permit for the farmworker housing is current and valid.

D.

Development standards. All farmworker housing shall comply with all of the following development standards unless otherwise indicated.

1.

Allowed farmworker housing complex housing types. The following housing types may be permitted in farmworker housing complexes in compliance with the required permit(s) specified in the applicable allowed land uses and permit requirements table in Division 35.2 (Montecito Zones and Allowable Land Uses).

a.

Resource Protection zones. All housing types allowed in compliance with California Health and Safety Code Sections 17000 through 17062.5 may be permitted in the RMZ zone.

b.

Residential zones.

(1)

R-1/E-1 and R-2 zones. All housing types allowed in compliance with California Health and Safety Code Sections 17000 through 17062.5 may be permitted in the R-1/E-1 zones.

(2)

DR zone. The following housing types may be permitted as a farmworker housing complex in the DR zone in compliance with the required permit(s) as specified in Table 2-4 (Allowed Land Uses and Permit Requirements for Residential Zones) in Section 35.423.030 (Residential Zones Allowable Land Uses):

(a)

Dwelling, multiple.

(b)

A two-family dwelling.

(c)

Multiple detached single-family units on one lot subject to any applicable requirements of the Subdivision Map Act, Government Code Section 66410 et seq.

(d)

Farmworker housing complexes other than those housing types listed in Subsections D.1.b.(2)(a) through D.1.b.(2)(c), above, subject to the approval of a Conditional Use Permit in compliance with Section 35.472.060 (Conditional Use Permits).

2.

Farmworker dwelling unit density requirements. Development of a farmworker dwelling unit shall be in compliance with the dwelling unit density requirements of the applicable zone. If there is an existing singlefamily dwelling located on a lot, then a farmworker dwelling unit shall not be allowed in addition to the existing single-family dwelling unless additional single-family dwelling units are allowed in compliance with the applicable dwelling unit density requirement.

3.

Parking. The following requirements shall apply to all farmworker housing in addition to all other applicable parking requirements in this Development Code that would normally apply to the use and location in which

the farmworker housing is proposed. In the case of a conflict between the standards of this Subsection D.3 and other applicable parking requirements of this Development Code, the standards of this Subsection D.3 shall prevail.

a.

Parking spaces for farmworker dwelling units and farmworker housing complexes may be uncovered and may be located in a tandem arrangement.

b.

Any living quarters such as a manufactured home, mobilehome, recreational vehicle, tent, travel trailer, or other housing accommodation designed for use by a single family or household shall be considered a onefamily dwelling for determining the parking requirement in compliance with Table 3-4 (Residential Parking Standards).

c.

A farmworker housing complex consisting of any group living quarters, such as barracks or a bunkhouse, shall provide one parking space for every four beds in the complex.

d.

Parking requirements for employees as listed in Table 3-4 (Residential Parking Standards) is not required to be provided.

E.

Covenant and agreement. Within 30 days after approval of an application for farmworker housing, the applicant shall record with the County Recorder a covenant that runs with the lot on which the farmworker housing is located and is for the benefit of the County, declaring that:

1.

The farmworker housing will continuously be maintained in compliance with this Section 35.442.105 (Farmworker Housing) and all other applicable sections of the Development Code;

2.

The applicant will obtain and maintain, for as long as the farmworker housing is operated, the appropriate permit(s) from California Department of Housing and Community Development pursuant to the Employee Housing Act and the regulations promulgated thereunder;

3.

The improvements required by the County Fire Department, the Planning and Development Department, the Public Health Department, and the Public Works Department, related to the farmworker housing shall be constructed and/or installed, and continuously maintained by the applicant;

The applicant will submit the annual verification form to the Director as required by Subsection 35.442.105.C.6; and

5.

Any violation of the covenant and agreement required by this section shall be subject to the enforcement procedures of Chapter 35.498 (Enforcement and Penalties).

A.

Purpose and applicability. This Section provides standards for the establishment of greenhouses, where allowed by Division 35.2 (Montecito Zones and Allowable Land Uses).

B.

Greenhouses in residential zones.

1.

300 square feet or less in size. In the R-1/E-1, R-2, and DR zones, the following standards shall apply to greenhouses not exceeding 300 square feet in area:

a.

Greenhouse structures shall be used only for the propagation and cultivation of plants.

b.

No advertising signs, commercial display rooms, or sales stands shall be maintained.

c.

Greenhouse structures shall be accessory to the primary residential or agricultural use.

2.

Greenhouses exceeding 300 square feet and less than 800 square feet. In the R-1/E-1 and R-2 zones, no advertising signs, commercial display rooms, or sales stands shall be maintained in association with greenhouses that exceed 300 square feet and are less than 800 square feet.

35.442.120 - Guesthouses, Artist Studios, and Cabañas

A.

Purpose and applicability. This Section provides standards for the establishment of guesthouses, artist studios, and cabañas, where allowed by Division 35.2 (Montecito Zones and Allowable Land Uses).

B.

Accessory structure and use. Guesthouses, artist studios, and cabañas are accessory structures and their use shall be accessory to a primary residential use of the lot.

C.

Lot size. A guesthouse shall not be located on a lot containing less than two gross acres.

D.

Number on a lot.

1.

Except as provided in Subsection D.2 (Accessory dwelling units and junior accessory dwelling units), below:

a.

A lot may contain one artist studio and one guesthouse.

b.

A lot may contain one cabaña in addition to one artist studio and one guesthouse in compliance with Subsection M (Cabaña).

2.

Accessory dwelling units and junioraccessory dwelling units. If an accessory dwelling unit or junior accessory dwelling unit exists or is approved for development on a lot, a guesthouse or artist studio shall not also be approved.

E.

Floor area. The net floor area of a guesthouse, artist studio, or cabaña shall not exceed 800 square feet. However, the guesthouse, artist studio, or cabaña structure may be attached to other accessory structures provided the building footprint area of the combined structure does not exceed 800 square feet and interior access does not exist between the guesthouse, artist studio, or cabaña and the other accessory structure(s).

1.

For the purposes of this Subsection E, building footprint area is measured to the interior surface of the exterior, perimeter walls, posts, columns, or other supports. 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.

2.

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 detached accessory building is proposed to be located.

a.

For purposes of this Subsection E.2, "gross floor area" includes any fully enclosed, partially enclosed, or unenclosed floor area of the detached accessory building covered by a solid roof or other permanent covering.

b.

The gross floor area limitation in this Subsection E.2 shall not apply to or otherwise limit the gross floor area of approved or proposed accessory dwelling units.

c.

If an application includes a proposed 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.

d.

For purposes of this Subsection E.2, "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.

F.

Height limitations. A guesthouse, artist studio, or cabaña:

1.

Shall not exceed a height of 16 feet.

Shall not contain more than one story. A loft shall be counted as a story.

3.

May be located above or below another accessory structure in areas where the H-MON overlay does not apply, provided the height of the combined accessory structure does not exceed 25 feet.

G.

Kitchen and cooking facilities prohibited. There shall not be a kitchen or cooking facilities (e.g., ovens including microwave ovens, hot plates) within a guesthouse, artist studio, or cabaña.

H.

Wetbars. Guesthouses, artist studios, and cabañas may contain a wetbar limited to the following features:

1.

A counter area with a maximum total length of seven feet.

2.

The counter area may include a bar sink.

3.

The counter area may include an overhead cupboard area not to exceed seven feet in length.

4.

The counter area shall be located against a wall, or if removed from the wall, it shall not create a space between the counter and the wall of more than four feet in depth. The seven-foot counter shall be in one unit. The intent of this provision is to avoid creation of a kitchen room.

5.

A refrigerator limited to an under-counter unit located within the counter area.

I.

Plumbing facilities.

1.

Guesthouses and cabañas. Guesthouses and cabañas may contain a bar sink associated with a wetbar as described in Subsection H (Wetbars) above, and bathrooms (e.g., toilet, sink, and bathing facilities).

2.

Artist studios. Artist studios may contain a bar sink associated with a wetbar as described in Subsection H (Wetbars) above, and a restroom (i.e. toilet and washbasin). Bathing facilities shall not be allowed in artist

studios.

J.

Setbacks. Guesthouses, artist studios, and cabañas shall comply with setback requirements applicable to the principal dwelling.

K.

Use restrictions.

1.

A guesthouse shall be used on a temporary basis only by the occupants of the principal dwelling or their nonpaying guests or employees and is not intended to be rented, whether the compensation is paid directly or indirectly in money, goods, wares, merchandise, or services. Temporary is defined as occupying the guesthouse for not more than 120 days in any 12-month period.

2.

Artist studios and cabañas shall not be used as a guesthouse or as a dwelling and shall not be used for overnight accommodations.

3.

Commercial sales or transactions shall not occur within an artist studio or on the lot containing the artist studio unless allowed under a Land Use Permit (Section 35.472.110) for a home occupation issued in compliance with Section 35.442.130 (Home Occupations).

4.

Guesthouses, artist studios, or cabañas may be determined to constitute a dwelling by the Director in compliance with Subsection 35.442.020.B.9 (Determination that accessory structure constitutes a dwelling).

L.

Notice to property owner. Before issuance of a Land Use Permit in compliance with Section 35.472.110 (Land Use Permits) for a guesthouse, artist studio, or cabaña, a Notice to Property Owner that specifies at a minimum the allowable uses of the structure shall be recorded by the property owner.

M.

Cabaña. A cabaña may be approved as an accessory structure provided that its use is accessory to a sports court or swimming pool, or is located on a lot directly adjacent to the sea.

1.

Definition of swimming pool. For the purposes of this Subsection M (Cabaña), swimming pool is defined as a structure containing a body of water, whether above or below the ground, and which shall be designed

for and used or intended to be used for swimming by individuals. The following shall be excluded from this definition:

a.

Hot tubs, spas, including swim spas, and similar facilities.

b.

Ornamental ponds or water features, developed as landscape design features where swimming is not intended and does not occur.

c.

Portable, inflatable, and wading pools.

2.

Restrictions on use. The cabaña may be maintained and used as a cabaña provided that the sports court or swimming pool that the cabaña is accessory to is also maintained on the lot. If the sports court or swimming pool to which the cabaña is accessory to is abandoned or removed, then the use of the cabaña shall cease and the structure shall either be removed or lawfully converted to an allowed accessory structure within 90 days following the abandonment or removal of the sports court or swimming pool.

3.

Sequence of construction. A cabaña may be approved in conjunction with a proposed pool or sports court provided that construction of the proposed pool or sports court is completed before or simultaneously with completion of the cabaña.

N.

Artist studios. Issuance of a Land Use Permit in compliance with Section 35.472.110 (Land Use Permits) for a home occupation in compliance with Section 35.442.130 (Home Occupations) shall be required prior to the issuance of a Land Use Permit for an artist studio.

(Ord. No. 5239, § 8, 2-11-2025)

A.

Purpose and applicability. This Section provides development and operational standards for home occupations where allowed by Division 35.2 (Montecito Zones and Allowable Land Uses). The intent is to prevent any adverse effects on the residential enjoyment of surrounding residential properties.

B.

Applicability. The provisions of this Section shall apply to all home occupations which include Cottage Food Operations and In-home Retail Sales. Home occupations may be permitted in any dwelling in any zone

including nonconforming dwellings.

C.

Permit requirements.

1.

Before the commencement of a home occupation within a dwelling or artist studio, a Land Use Permit in compliance with Section 35.472.110 (Land Use Permits) shall be issued for the home occupation unless the occupation qualifies for an exemption as stated in Subsection E (Exceptions to permit requirements for home occupations) below.

2.

Prior to the issuance of a Land Use Permit in compliance with Section 35.472.110 (Land Use Permits) for a home occupation within a dwelling or artist studio, a Notice to Property Owner certifying that the home occupation will be conducted in compliance with the development standards of Subsection D (Development standards), below, and any other conditions as may be made part of the Land Use Permit shall be recorded by the property owner.

D.

Development standards. A home occupation shall comply with all of the following development standards:

1.

Home occupations other than cottage food operations. A home occupation shall comply with all of the following development standards, except that if the home occupation qualifies as a cottage food operation then the development standards of Subsection D.2 (Cottage food operations) shall apply instead.

a.

Only one home occupation shall be allowed on any one lot. The home occupation shall be conducted either entirely within not more than one room of the dwelling, not including garages, or entirely within an artist studio. A home occupation may not be conducted outside of the dwelling or the artist studio.

b.

The home occupation shall not alter the residential character of the dwelling or the lot that contains the home occupation. There shall be no internal or external alterations to the dwelling that are not customarily found in residential structures, and the existence of the home occupation shall not be discernible from the exterior of the dwelling.

c.

The home occupation shall be conducted solely by the occupant(s) of a dwelling located on the lot that contains the home occupation. No employees other than the dwelling occupant(s) shall be permitted for business purposes on the lot that contains the home occupation. The home occupation may have off-site employees or partners provided they do not report for work at the lot that contains the home occupation.

d.

No displays or signs naming or advertising the home occupation shall be permitted on or off the lot that contains the home occupation. All advertising for the home occupation (e.g., telephone directories, newspaper or other printed material) or on equipment or vehicles associated with the home occupation shall not divulge the location of the home occupation. Business cards and letterhead may list the address of the home occupation.

e.

There shall be no more than five customers, patients, clients, students, or other persons served by the home occupation upon the lot that contains the home occupation at any one time except for in-home retail sales as allowed in compliance with Subsection E.1.a, below.

f.

A home occupation shall not use electrical or mechanical equipment that would create any visible or audible radio or television interference or create noise audible beyond the boundaries of the lot that contains the home occupation. Noise levels associated with the home occupation shall not exceed 65 dBA outside the dwelling that contains the home occupation.

g.

No smoke or odor shall be emitted that occurs as a result of the home occupation.

h.

There shall be no outdoor storage of materials related to the home occupation.

i.

No vehicles or trailers, except those incidental to the residential use and those allowed under Subsection 35.436.090.B (Overnight parking of commercial vehicles), shall be kept on the lot that contains the home occupation.

j.

A home occupation shall be strictly secondary and subordinate to the primary residential use and shall not change or detrimentally affect the residential character of the dwelling, the lot that contains the home occupation, or the neighborhood.

k.

Where a home occupation will be conducted within a dwelling or artist studio that relies on a septic system, written clearance from the Public Health Department shall be required prior to approval of a Land Use Permit in compliance with Section 35.472.110 (Land Use Permits).

l.

No hazardous materials other than those commonly found within a residence shall be used or stored on the site. Hazardous materials and equipment shall be limited to quantities that do not constitute a fire, health, or safety hazard.

m.

Business-related deliveries shall be limited to a maximum of two per week. United States Mail and commercial parcel carriers' deliveries shall be exempt from this limitation.

n.

A home occupation shall not create vehicular or pedestrian traffic that changes the residential character of the neighborhood and dwelling unit where the business is being conducted, or create a greater demand for parking than can be accommodated onsite or on the street frontage abutting the lot that contains the home occupation.

2.

Cottage food operations. A cottage food operation shall comply with all of the following development standards.

a.

Allowed locations.

(1)

No more than one cottage food operation shall be allowed within any one dwelling unit.

(2)

Only one cottage food operation may be allowed on a lot.

b.

Allowed location within the dwelling and the lot containing the cottage food operation. All food preparation, packaging, sales, storage and handling of cottage food products and related ingredients, and equipment, shall be located within the registered or permitted area consisting of the dwelling's private kitchen and one or more attached rooms within the dwelling in which the cottage food operation is operated that are used exclusively for storage.

c.

Cottage food operators and cottage food employees.

(1)

The cottage food operation shall be conducted by the cottage food operator within the dwelling where the cottage food operator resides as their primary residence. Said dwelling shall be a legally established dwelling.

(2)

Up to one full-time equivalent employee as defined by California Health and Safety Code Section 113758(b) (1) may participate in a cottage food operation in addition to those individuals residing within the dwelling as their primary residence.

d.

Parking. All parking of vehicles and trailers associated with the cottage food operation on the lot on which the cottage food operation occurs shall be maintained in compliance with Chapter 35.436 (Parking and Loading Standards).

(1)

Customers and non-resident cottage food employees shall not park their vehicles within or upon a parking space that is required to satisfy the parking requirement for the primary use of the lot.

(2)

On R-1/E-1 and R-2 zoned lots, the overnight parking of commercial vehicles on the lot shall be in compliance with Subsection 35.436.090.B (Overnight parking of commercial vehicles).

e.

Sales. Food items may only be sold, or offered for sale, from the dwelling to customers present at the dwelling between the hours of 9:30 a.m. to 3:30 p.m.

f.

A cottage food operation shall not create vehicular or pedestrian traffic or other public nuisance that changes the residential character of the neighborhood and dwelling unit where the business is being conducted, or create a greater demand for parking than can be accommodated onsite or on the street frontage abutting the lot on which the home occupation occurs.

g.

The cottage food operation shall at all times be conducted in compliance with:

(1)

The conditions and limitations of this Subsection D.2 and any other conditions and/or limitations that may be part of the Land Use Permit issued to allow the cottage food operation.

(2)

California Health and Safety Code Section 113758.

(3)

All other applicable State and County laws, regulations and requirements.

h.

The cottage food operation shall be registered or permitted by the County Public Health Department in compliance with Section 114365 of the California Health and Safety Code. Prior to the issuance of a Land Use Permit for a cottage food operation the cottage food operator shall present proof of receipt of registration or permit for the cottage food operation from the County Public Health Department.

E.

Exceptions to permit requirements for home occupations. A Land Use Permit shall not be required for home occupations that are in compliance with all of the following criteria:

1.

The development standards of Subsection D.1 or D.2, above, as applicable to the specific home occupation except that:

a.

Clients or customers shall not be served at the lot that contains the home occupation except for in-home retail sales provided that these sales do not exceed four times within a calendar year and that there are no more than 25 customers at each sales event.

b.

Business advertisements, except for business cards and letterhead, shall not list the address of the artist studio or dwelling in which the home occupation occurs.

c.

Business transactions occurring on the lot that contains the home occupation shall occur by internet, telephone, facsimile, computer modem or other telecommunication medium, or written correspondence.

F.

Violations of home occupation regulations.

1.

It shall be unlawful for a person, firm, or corporation, to establish, cause, allow, or maintain a type of business, profession or other commercial occupation (collectively to be referred to as a "home occupation") within a dwelling before the issuance of a Land Use Permit in compliance with Section 35.472.110 (Land Use Permits) allowing the home occupation unless the home occupation does not require the issuance of a Land Use Permit in compliance with Subsection E (Exceptions to permit requirements for home occupations), above.

2.

The home occupation shall at all times be conducted in compliance with the conditions and limitations of Subsection D (Development standards), above, any other conditions and/or limitations that may be part of

the Land Use Permit issued in compliance with Section 35.472.110 (Land Use Permits) to allow the home occupation, and it shall be unlawful for a person to conduct a home occupation for which a Land Use Permit has been issued without complying with all conditions attached to the permit.

3.

Failure to comply with conditions and limitations of the Land Use Permit shall be cause for revocation of the Land Use Permit in compliance with Section 35.474.060 (Revocations).

4.

Occupations that cannot comply with all of the development standards listed in Subsection D (Development standards), above, shall not be permitted as home occupations. Examples of prohibited occupations include:

a.

Automotive repair or service.

b.

Painting of vehicles, trailers, boats or machinery.

A.

Purpose and intent. The purpose and intent of this Section is to establish standards that will regulate the use of dwellings as Homestays in order to ensure that Homestays are compatible with and do not adversely impact surrounding properties.

B.

Permit requirement. Homestays may only be located in residential zones in compliance with the permit requirement identified in Division 35.2 (Montecito Zones and Allowable Land Uses). The required permit shall be obtained and all conditions of the permit shall be satisfied prior to the commencement of a Homestay. Regardless of the number of properties a property owner owns, in no case shall a property owner possess more than one homestay permit at any given time.

C.

Permitted structures. Homestays shall only be allowed in up to three bedrooms of a legal dwelling unit subject to the restrictions of this Section.

D.

Development standards. Homestays shall comply with all of the following standards in addition to any other applicable standards of this Development Code.

Owner or long-term tenant must reside on the property. The owner or long-term tenant of the property shall inhabit a legal dwelling on the same lot at the same time as the transient occupant of the Homestay.

2.

Compliance with fire, building, and health codes. Any dwelling used as a Homestay shall comply with the California Fire Code, California Building Code, California Health and Safety Code, the National Fire Protection Association standards and/or regulations, and other relevant laws and codes regarding carbon monoxide detectors, smoke detectors, emergency egress window, handrails, and fire extinguishers, to the satisfaction of the Director.

3.

Prohibited structures. Homestays shall not be allowed in:

a.

Any dwelling subject to agreements, conditions, or covenants entered into with the County restricting their use including affordable housing units, agricultural employee housing, and farmworker housing.

b.

Any structure that is only permitted to be occupied on a temporary basis including, but not limited to, cabañas and guest houses.

c.

Any structure or space that may not be legally used for dwelling or overnight accommodations including, but not limited to, agricultural accessory structures, tents, trailers, vehicles, and yurts.

4.

Signs. No signs shall be permitted to be located on or off the lot that contains the Homestay that indicates the presence of the Homestay.

5.

Limitation on occupancy. The maximum occupancy shall be no more than two persons per bedroom, excluding minor children.

6.

Parking. Parking shall be provided on the lot on which the Homestay is located in compliance with Chapter 35.436 (Parking and Loading Standards) of this Development Code except as provided below.

a.

Parking spaces for a Homestay may include garage(s), carport(s) and/or driveway spaces and may be provided in a tandem parking arrangement.

b.

No parking associated with a Homestay shall be allowed on-street.

7.

Limitation on the number of visitors. The maximum number of visitors shall not exceed two times the number of transient occupants of the Homestay that are allowed on the lot.

8.

Noise. The volume of sound generated by the Homestay shall not exceed 65 dB or existing ambient levels, whichever is greater, at any point beyond the property boundary, except that between the hours of 10 p.m. and 8 a.m., the volume of sound generated by the Homestay shall not exceed 45 dB or existing ambient levels, whichever is greater, at any point beyond the property boundary.

9.

Internet listing. All current internet hosting platforms for Homestays and all listing identification numbers shall be provided to the County.

10.

Proof of ownership or long-term tenancy. The owner or long-term tenant of the property being rented for a Homestay shall provide proof of ownership or long-term tenancy with the Homestay application. In addition, the owner must sign any permit application that the long-term tenant submits.

11.

Nuisance response plan.

a.

Call response availability.

(1)

The owner or long-term tenant shall submit their name, address, and telephone number and/or a local contact who will respond to calls regarding the Homestay.

(2)

The owner or long-term tenant and/or local contact shall be available by telephone on a 24-hour basis to respond to calls regarding the Homestay.

(3)

Failure to respond to calls in a timely and appropriate manner may result in revocation of the permit issued to allow the use of a Homestay.

(4)

For purposes of this Subsection 11, responding in a timely and appropriate manner means that an initial call shall be responded to within one hour of the time the initial call was made, and a corrective action shall commence within two hours of the initial call, if corrective action is required, to address any violation of this Section.

b.

Local contact. The owner or long-term tenant is required to immediately notify the County with any changes to their or the local contact's information.

E.

Renewal of permit.

1.

A Land Use Permit issued for a Homestay shall only be valid for one year commencing upon the effective date of the Land Use Permit, except as provided below in Subsection 3.

2.

The owner or long-term tenant shall submit an application to renew the Land Use Permit to the Department for review and approval on an annual basis as directed below.

a.

The renewal application shall be processed pursuant to the requirements set forth in Section 35.472.110 (Land Use Permits).

b.

The Land Use Permit application for the initial renewal and any subsequent renewal shall be submitted no later than 30 days prior to the expiration of the previous Land Use Permit.

3.

If the approval of a Land Use Permit for the renewal of a Land Use Permit for a Homestay has been appealed, then the validity of the Land Use Permit shall be extended until processing of the appeal(s) has been completed.

F.

Revocation.

1.

A Land Use Permit to allow a dwelling to be used as a Homestay may be revoked in compliance with Section 35.474.060 (Revocations).

2.

In addition to the basis for revocation in Subsection 35.474.060.A (Revocations of Land Use Permits and Zoning Clearances), a Land Use Permit may also be revoked if the applicant, after receiving a Land Use Permit for a Homestay and/or any renewal:

a.

Makes alterations to the property that compromise the original permit approval (e.g., removal of required parking, conversion of space);

b.

Is determined to have submitted false or misleading information to the Department, including, but not limited to, information submitted as part of the permit application;

c.

Fails to comply with the permit conditions; or

d.

Fails to obtain or comply with any other required County, state or local permit.

A.

Purpose and intent. The purpose of this Section is to establish streamlined permit procedures and development standards for low barrier navigation centers in compliance with Government Code Sections 65660 through 65668. The State Legislature intended Government Code Sections 65660 through 65668 (Assembly Bill 101 (Ting), 2019) to promote low barrier navigation centers, which help create permanent solutions for the County's homeless population by providing residents with shelter and access to the services necessary for them to obtain permanent housing.

B.

Applicability. A low barrier navigation center may be approved on a lot in compliance with Table 2-1 (Allowed Land Uses and Permit Requirements for Resource Protection Zones) and Table 2-8 (Allowed Land Uses and Permit Requirements for Commercial Zones).

1.

The provisions of this Section 35.442.138 shall become null and void, and are thereby automatically repealed, on January 1, 2027, unless otherwise extended by the State Legislature.

C.

Application and processing requirements. The following application and processing requirements shall apply to applications for low barrier navigation centers:

Permit required. Prior to the development of a new building or use of an existing building as a low barrier navigation center, an applicant shall submit an application for a Zoning Clearance in compliance with Section 35.470.030 (Application Preparation and Filing) and obtain a Zoning Clearance in compliance with Section 35.472.190 (Zoning Clearances).

2.

Completeness determination deadline. Within 30 days of receipt of an application for a low barrier navigation center, the Department shall notify an applicant whether the applicant's application is complete. If the Department does not make a written determination within 30 days, the application shall be deemed complete, pursuant to Government Code Section 65943, or successor statute.

3.

Decision deadline. Upon deeming an application complete, the Director shall approve, conditionally approve, or deny the application for a low barrier navigation center within 30 days.

4.

Ministerial Review. The Director shall consider an application for a low barrier navigation center ministerially without discretionary review or hearing.

5.

Conflicts with other Sections of this Development Code. Where there are conflicts between the standards in this Section 35.442.138 (Low Barrier Navigation Centers) and other requirements of this Development Code, the provisions of this Section shall prevail.

D.

Development standards. A low barrier navigation center that complies with all of the following development standards shall be allowed with a Zoning Clearance.

1.

Zoning. The low barrier navigation center shall only be located within mixed-use zones and nonresidential zones permitting two-family and multiple-family uses which consist of the following zones:

Mixed-Use Zones and Nonresidential Zones Permitting Two-Family or Multiple-family Uses CN (Neighborhood Commercial) CV (Resort/Visitor Servicing Commercial)

2.

Services Plan. The applicant shall submit a written services plan that identifies staffing services and demonstrates that the low barrier navigation center will offer services to connect people to permanent

housing.

3.

Coordinated entry system. The low barrier navigation center shall be linked to a coordinated entry system, so that staff in the facility may conduct assessments and provide services to connect people to permanent housing. "Coordinated entry system" means a centralized or coordinated assessment system developed pursuant to Government Code Section 576.400(d) or Section 578.7(a)(8) of Title 24 of the Code of Federal Regulations, as those sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals. If the proposed project will receive funding from the County of Santa Barbara's Community Services Department, the applicant shall submit a memorandum of understanding consistent with the County's coordinated entry system procedures. If the proposed project will not receive funding from the Community Services Department, the applicant shall demonstrate compliance with the coordinated entry system requirements set forth in Government Code Section 65662(b), or successor statute.

4.

Housing First policies. The low barrier navigation center shall comply with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.

5.

Information collection. The low barrier navigation center shall have a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.

6.

Objective design review. The low barrier navigation center shall not require Design Review by the Board of Architectural Review. For purposes of this Section 35.442.138 (Low Barrier Navigation Centers), new buildings, existing buildings, and, as applicable, additions to existing buildings shall comply with the following design review standards:

a.

Fences and walls. The low barrier navigation center shall comply with the fences and walls regulations in Section 35.430.070 (Fences and Walls).

b.

Height. The low barrier navigation center shall comply with height limitations of the applicable zone and the height measurement, exceptions, and limitations in Section 35.430.090 (Height Measurement, Exceptions and Limitations). This standard shall not apply to existing permitted buildings.

c.

Outdoor lighting. The low barrier navigation center shall comply with the lighting standards in Section 35.430.120 (Outdoor Lighting).

d.

Setbacks. The low barrier navigation center shall comply with the setback requirements of the applicable zone and the setback requirements in Section 35.430.150 (Setback Requirements and Exceptions). This standard shall not apply to existing permitted buildings.

e.

Site coverage. The low barrier navigation center shall comply with any site coverage standards of the applicable zone. This standard shall not apply to existing permitted buildings.

f.

Open space. The low barrier navigation center shall comply with any open space standards of the applicable zone. This standard shall not apply to existing permitted buildings.

g.

Signs. The low barrier navigation center shall comply with the sign standards in Chapter 35.438 (Sign Standards).

7.

Exempt from other development standards. Other than the development standards in this Subsection D, the low barrier navigation center shall not be subject to any other objective or discretionary development standards or other provisions in the Comprehensive Plan or this Development Code, including parking requirements.

(Ord. No. 5203, § 9, 2-13-2024)

35.442.140 - Mobile Homes on Permanent Foundations

A.

Purpose and applicability. This Section provides standards for mobile homes on permanent foundations that are certified under the National Mobile Home Construction and Safety Standards Act of 1974 (52 U.S.C. 5401 et seq.) in compliance with Health and Safety Code Section 18551, where allowed in compliance with Division 35.2 (Montecito Zones and Allowable Land Uses).

B.

Development standards. Mobile homes on permanent foundations allowed in compliance with this section shall be subject to the following requirements:

1.

The mobile home shall have a roof overhang unless waived by the Director because the absence of a roof overhang would be appropriate and of good design in relation to other structures on the site and in the immediately affected surrounding area.

2.

Roofing and siding shall be non-reflective.

3.

Siding shall extend to the ground level.

A.

Purpose and applicability. This Section provides standards for residential project convenience facilities, where allowed in compliance with Division 35.2 (Montecito Zones and Allowable Land Uses).

B.

DR and PRD zones. In the DR and PRD zones the following residential project convenience facilities may be allowed for the exclusive use by residents of the development:

1.

Laundromat.

2.

Meeting rooms.

3.

Accessory uses and structures customarily incidental and subordinate to the residential project.

35.442.160 - Short-Term Rentals

A.

Purpose and applicability.

1.

Purpose. The purpose of this Section is to establish standards that will regulate the use of structures as Short-Term Rentals in order to ensure that Short-Term Rentals are compatible with and do not adversely impact surrounding properties.

2.

Applicability.

a.

Short-Term Rentals existing as of the effective date of this ordinance (16ORD-00000-00011).

(1)

Short-Term Rentals that may be permitted.

(a)

For Short-Term Rentals that may be permitted in compliance with Division 35.2 (Montecito Zones and Allowable Land Uses), to continue operating the owner or long term tenant must apply for and be issued a permit that allows the continued use of a structure as a Short-Term Rental within 333 days following the effective date of this ordinance (16ORD-00000-000011).

(b)

If the required permit is not issued within 333 days following the effective date of this ordinance (16ORD00000-000011), then use of the structure as a Short-Term Rental shall cease. If the use of a structure as a Short-Term Rental does not cease, then this use shall be considered a violation of this Development Code and subject to enforcement in compliance with Chapter 35.498 (Enforcement and Penalties).

(2)

Short-Term Rentals that may not be permitted. The use of a structure as a Short-Term Rental in zones where Short-Term Rentals may not be permitted in compliance with Division 35.2 (Montecito Zones and Allowable Land Uses) shall cease no later than 333 days following the effective date of this ordinance (16ORD-00000-000011). If the use of a structure as a Short-Term Rental does not cease within this period, then this use shall be considered a violation of this Development Code and subject to enforcement in compliance with Chapter 35.498 (Enforcement and Penalties).

3.

Permit requirement. Short-Term Rentals may only be located in certain commercial zones in compliance with the permit requirement identified in Division 35.2 (Montecito Zones and Allowable Land Uses). The required permit shall be obtained and all conditions of the permit shall be satisfied prior to the commencement of a Short-Term Rental.

A.

Purpose and applicability. The purpose of this Section is to provide development standards for spa facilities and the related use of unique mineral springs located at or in the immediate vicinity of their source while placing appropriate limitations and conditions on the use. The intent is to ensure compatibility with surrounding existing or permitted development and to preserve the unique aesthetic values and features of the areas involved.

B.

Development standards. Spa facilities shall comply with the following standards:

1.

The property shall be designated Mountainous Area on the Comprehensive Plan and located within an RMZ zone.

2.

The spa shall be located on a lot or contiguous lots under one ownership containing a minimum of 300 acres.

3.

The primary area of use shall be defined by the Department and shall not exceed 20 acres. The primary area is that area containing the source of the mineral spring and any buildings, or uses operated as part of the spa, but excluding access roads, utilities, and equestrian and hiking trails.

4.

The spa shall not provide overnight facilities nor allow overnight use of the site.

5.

The Conditional Use Permit shall establish a maximum limit on the number of persons that may use the property at one time.

6.

The Montecito Commission may impose any additional conditions it deems necessary or appropriate to protect the public safety, health, and welfare.

A.

Purpose and intent. The purpose of this Section is to provide permit requirements and development standards for temporary uses and structures, including the semi-permanent use of trailers, where allowed by Division 35.2 (Montecito Zones and Allowable Land Uses). This section also provides standards for determining which types of temporary uses are exempt from the requirement to obtain a planning permit. The intent is to give special consideration to temporary uses and structures in order to prevent adverse effects on surrounding properties through the application of appropriate conditions.

B.

Applicability.

1.

Does not apply to amusements regulated separately. This Section shall not apply to any use of property that is regulated by Chapter 6 (Amusements) of the County Code.

2.

Permits required. Each temporary use of land including trailers identified in Table 4-6 through Table 4-9 below, may be allowed in compliance with the approval of the applicable permit identified in the table.

3.

Similar temporary events/uses.

a.

Exempt from permit requirements. Other temporary uses that are not included in Table 4-6 through Table 4- 9 may be allowed without the requirement for a permit when the Director determines that the proposed temporary use:

(1)

Is similar to those identified in this Section as being exempt from permit requirements; and

(2)

The proposed temporary use does not have the potential to result in an adverse effect on surrounding properties.

b.

Land Use Permit required. Other temporary uses that are not included in Table 4-6 through Table 4-9 may be allowed by a Land Use Permit in compliance with Section 35.472.110 (Land Use Permits) if the Director determines that the proposed temporary use is similar to those uses allowed by a Land Use Permit.

4.

Other approvals required. All temporary electrical facilities, temporary toilet and plumbing facilities, and temporary shelters or structures shall receive all necessary approvals from the Director, the Public Health Department, and the County Fire Department or applicable fire protection district.

C.

Contents of application. An application for a temporary use shall be filed in compliance with Chapter 35.470 (Permit Application Filing and Processing).

D.

Permit processing.

1.

Compliance with development standards. Permits for temporary uses and trailers subject to the provisions of this Section shall not be approved or issued except in compliance with the requirements of this Section and other applicable development standards of this Development Code. Temporary uses that are exempt

from a planning permit shall still comply with any applicable development standards of this Development Code.

2.

Timeline to approve Land Use Permit. Except for trailers allowed in compliance with Subsection G (Trailer use), the Director shall approve, conditionally approve, or deny an application for a Land Use Permit within 30 days of submittal of a complete application to the Department.

3.

Notification of Supervisor. Except for trailers allowed in compliance with Subsection G (Trailer use), a Conditional Use Permit, or Land Use Permit that allows the establishment of a temporary use shall not be approved (in the case of a Conditional Use Permit) or issued (in the case of a Land Use Permit) until the Supervisor of the Supervisorial District in which the temporary use/event is proposed, or his or her designated representative, has been notified of the application.

4.

Notice. Notice of a Conditional Use Permit, or Land Use Permit for a temporary use shall be provided in compliance with Chapter 35.496 (Noticing and Public Hearings).

5.

Appeal. The action of the review authority to approve, conditionally approve, or deny a Conditional Use Permit, or Land Use Permit for a temporary use is final subject to appeal in compliance with Chapter 35.492 (Appeals).

Key to Zone Symbols

RMZ Resource Management

Notes:

(1) See Division 35.10 (Glossary) for land use definitions.

Trailer (storage as accessory to dwelling)

E E 35.442.180.G.7

E

E

Notes:

(1) See Division 35.10 (Glossary) for land use definitions.

Key to Zone Symbols

Notes:

(1) See Division 35.10 (Glossary) for land use definitions.

Key to Zone Symbols

Notes:

(1) (1)See Division 35.10 (Glossary) for land use definitions.

E.

Development standards for all temporary uses. Except for trailers allowed in compliance with Subsection G (Trailer use) below, temporary uses allowed in Subsection B (Applicability) shall comply with the following development standards:

1.

Time limit. Temporary uses shall not continue for more than five consecutive days unless otherwise specified in the approved permit or in Subsection F (Permit requirements and development standards for specific temporary uses) below.

2.

Compliance with regulations. The applicant for the temporary use shall comply with all provisions of the laws of the County, including the County Business License Ordinance and any conditions imposed in compliance with this Section or other requirements of this Development Code.

3.

Conditions of approval. The review authority shall have the right to impose reasonable conditions upon the operation of the temporary use in order to protect and preserve the public health, safety, and welfare. Noncompliance with any conditions of approval of a permit for a temporary use shall constitute a violation of this Development Code. Conditions may include:

a.

Special setbacks and buffers.

b.

Regulation of outdoor lighting.

c.

Regulation of points of vehicular ingress and egress, the location of parking areas, and implementation of a parking plan, including:

(1)

The requirement for a parking coordinator to be present at all times during any temporary event attended by 100 or more persons to manage and direct vehicular movement.

(2)

The use of dust control measures to keep dust generation to a minimum and to minimize the amount of dust leaving the site.

(3)

Appropriate signage placed onsite prior to the commencement of each event, directing visitors to and indicating the location of parking areas.

d.

Regulation of noise, vibration, odors, etc.

e.

Regulation of the number, height and size of temporary structures, equipment, and signs.

f.

Limitation on the hours and days of operation.

g.

Limitation on the location where sales of goods may occur, the number of vendors, and the scope of goods to be sold.

h.

Obtaining all the appropriate Public Health Department permits and authorizations if food sales are involved.

i.

Review and approval of the proposed temporary use by the County Fire Department or applicable fire protection district, if required.

j.

Obtaining a County Business License if necessary.

4.

Clearing of site following event. The area used as a temporary event shall be left in a clean and orderly manner with all structures, signs, and other material removed within three days following the cessation of the event.

5.

Additional findings. A permit for a temporary use shall be approved only if all of the following findings, in addition to the findings required for approval of a Conditional Use Permit or Land Use Permit in compliance with Section 35.472.060 (Conditional Use Permits) and Section 35.472.110 (Land Use Permits) are first made:

a.

The site is adequate in size and shape to accommodate the proposed temporary use.

b.

The proposed temporary use will not adversely interfere with existing uses on the subject property, and will not impede or adversely impact pedestrian access ways or vehicular circulation patterns.

F.

Permit requirements and development standards for specific temporary uses. This Section provides the permit requirements and development and operational standards for specific temporary uses of property, except for trailers allowed in compliance with Subsection G (Trailer use) below, in addition to the permit requirements and development standards identified in Table 4-6 through Table 4-9 . The temporary uses of property may include the erection of temporary structures (e.g., fences, booths, tents, or the parking of trailers) for use during the period of time that the temporary use is operating.

1.

Car washes. Car washes, located on property with a commercial zone designation, with sponsorship limited to educational, fraternal, religious, or service institutions and organizations directly engaged in civic, charitable and philanthropic efforts, may be allowed in compliance with the following permit requirements and development standards.

2.

Certified Farmers Markets, incidental. Certified farmers markets when incidental to a conference center, meeting facility, schools, or government or philanthropic institutions.

3.

Charitable and other noncommercial functions. The use of a lot for charitable and other noncommercial functions where the owner or tenant of the lot receives no remuneration, including fundraisers, parties, receptions, weddings and other similar gatherings, is exempt from permit requirements, however, the following development standards shall apply:

a.

The use of the lot for charitable functions does not exceed three times within the same calendar year.

b.

The number of persons present at the event at any one time does not exceed 300.

4.

Public assembly facilities. Events occurring in approved convention centers, meeting halls, theaters, or other permitted public assembly facilities are exempt from the permit requirements of this section provided the event is consistent with the uses allowed in that facility in compliance with the planning permit approved and/or issued for the facility.

5.

Public property. Events held at a County park or on other County-owned land are exempt from permit requirements when conducted with the approval of the County.

6.

Reception and similar gathering facilities. Reception facilities providing indoor or outdoor facilities that are accessory and incidental to the principal use of the property on a temporary, commercial basis for receptions, parties, weddings, or other similar gatherings that are not included in Subsection F.4 (Public assembly facilities) above.

7.

Seasonal sales lots. Seasonal temporary sales activities (e.g., Christmas trees, Halloween pumpkins, Thanksgiving materials) including temporary residence/security trailers, located on non-residentially zoned land, or on residentially zoned land utilized by an institution (e.g., religious institution, educational facility), may be allowed provided they do not continue for more than 60 consecutive days.

8.

Temporary dwellings during the construction of a new dwelling. An existing structure may be used for dwelling purposes on a temporary basis during the construction on the same lot of a new principal dwelling provided:

a.

An agreement is recorded by the owner prior to the issuance of a Land Use Permit in compliance with Section 35.472.110 (Land Use Permits) for the new principal dwelling specifying that said existing structure will be removed, converted or reconverted to an allowed accessory structure within 90 days following commencement of the occupancy of the newly constructed dwelling.

b.

Said agreement shall include the granting of access to the lot to the Department as necessary to ensure that performance of said owner's obligations set forth in said agreement.

G.

Trailer use.

Permit requirements and development standards. This Section provides the permit requirements and development standards for specific temporary and semi-permanent uses of trailers in addition to the permit requirements and development standards identified in Table 4-6 through Table 4-9 .

2.

Limitations on use. Trailers shall only be allowed for the uses and activities described in this Section, except as otherwise expressly allowed in Division 35.2 (Montecito Zones and Allowable Land Uses).

3.

Air quality monitoring stations. Trailers may be used as air quality monitoring stations for a time period that is adequate to meet the specific air quality monitoring needs of the project, as recommended by the Air Pollution Control District and determined by the Montecito Commission provided:

a.

The Montecito Commission shall approve the Conditional Use Permit only if the following additional findings are first made:

(1)

That the stations are either required or approved by the Air Pollution Control District.

(2)

The zone setbacks are complied with.

(3)

The trailers are adequately screened from public view by landscaping or other measures.

b.

The trailer, including any foundation, permitted in compliance with this Section shall be promptly removed upon completion of the permanent structure or after the authorized use of the trailer is discontinued.

c.

The Montecito Commission may include, as a condition of approval of the Conditional Use Permit, that a performance security, in compliance with Section 35.474.020 (Performance Guarantees) be deposited with the County to guarantee the removal of the trailer and foundation to ensure compliance with this requirement.

4.

Construction trailers.

a.

Allowed uses. Trailers used as construction offices, tool storage, or for particular work (e.g., electrical shops, cabinet shops, and other similar uses) that are not used for human habitation during the night may be allowed on a building site during periods of construction of structures on the site in compliance with the following permit requirements and development standards, provided:

(1)

Building permits have been issued for the structures being constructed on the site; and

(2)

The trailer is removed promptly upon completion of construction.

b.

Permit requirements.

(1)

Up to three construction trailers may be located on a building site without a Land Use Permit.

(2)

More than three such construction trailers per building site may be permitted with a Conditional Use Permit in compliance with Section 35.472.060 (Conditional Use Permits) for an initial period not to exceed two years provided the Montecito Commission finds that:

(a)

The need for the trailers has clearly been demonstrated; and

(b)

A time frame for their removal has been provided.

(3)

Renewals for additional two-year periods for trailers approved in compliance with Subsection 5.b.(2) above, may be granted through the approval of a subsequent Conditional Use Permit in compliance with Section 35.472.060 (Conditional Use Permits) if the request is filed before the expiration date of the previously approved Conditional Use Permit for the same use.

5.

Dwelling use of trailers during construction of dwellings.

a.

A trailer may be used as a one-family dwelling during construction of a dwelling within the R-1/E-1 and RMZ zones provided:

(1)

The use of the trailer is limited to a period of 12 months or until 30 days after the final building permit inspection has been completed by the County Building Official, or the new dwelling is occupied, whichever is earliest.

(a)

If a trailer located on the building site has been illegally occupied, then the 12-month period shall be reduced by the period of time during which the trailer has been illegally occupied on the site.

(2)

The building permit has been issued for the dwelling and the foundation has been inspected and approved.

(3)

The permittee complies with the State Mobile Home Act.

(4)

The trailer complies with the setbacks and distances between structures required for structures.

b.

The period of time that the trailer is allowed to be used as a dwelling may be extended by the approval of a Conditional Use Permit in compliance with Section 35.472.060 (Conditional Use Permits).

6.

Dwelling use of trailers after destruction of dwelling. A Land Use Permit may be issued to allow the emergency use of the trailer as a dwelling if an occupied dwelling is destroyed by fire, flood, earthquake, vandalism or other calamity beyond the control of the owner, provided:

a.

The Land Use Permit shall only be valid for a 180-day period; and

b.

A trailer is not illegally located on the lot.

7.

Storage of trailers as accessory to a residential use. Trailers may be stored on a lot, as accessory to the residential use of the lot provided all the following standards are complied with. Watercraft may be kept on the trailer that is stored on the lot.

a.

Trailers shall not be kept, parked or stored in:

(1)

Required front setback areas.

(2)

Parking spaces required in compliance with Section 35.436.050 (Required Number of Spaces: Residential Uses).

b.

Trailers, including anything that is stored in or on the trailer, shall not exceed 8.5 feet in width, 13.5 feet in height (as measured from the surface upon which the vehicle stands to the top of the roof of the trailer), and 40 feet in length.

c.

Trailers, including anything that is stored in or on the trailer, shall be screened from view from abutting streets.

d.

The trailer shall not be used for human habitation while kept, parked or stored on the lot.

e.

Trailers holding vehicles or used to store materials shall be in compliance with Subsection 35.423.050.B (Accessory storage of materials).

f.

Any recreational vehicle that is parked outside of a fully enclosed or fully screened structure shall be in compliance with Subsection G, Exterior parking, of Section 35.436.090, Standards for Residential Zones and Uses.

8.

Mobile communications temporary facility. Where unplanned or uncontrollable events cause an immediate need for service due to reasonable public health and safety concerns, a temporary facility may be allowed, in compliance with the following:

a.

The facility qualifies as a mobile telecommunications temporary facility.

b.

The Director in consultation with the County Sherriff and Fire Departments has determined a reasonable public health and safety issue would exist without the operation of a temporary telecommunications facility.

c.

The applicant has demonstrated that the facility shall be operated within the frequency range allowed by the Federal Communications Commission and complies with all other applicable safety standards.

d.

The facility would only be permitted onsite for the duration of the event or emergency, not to exceed two weeks, or other period of time, as approved by the Director.

9.

Watchman trailers during construction. A trailer, usable for or designed for human habitation, may be maintained on a building site for use as a watchman's quarters during periods of construction of structures on the site, provided:

a.

Building permits have been issued for the structure.

b.

Only one watchman's trailer shall be allowed on a site.

c.

The trailer shall be promptly removed upon completion of construction of the structures or within one year from the issuance of the Land Use Permit for the trailer, whichever occurs first.

A.

Purpose and intent. In accordance with Government Code Sections 65650 through 65656, and 65583(c)(3) and successor statutes, this Section describes the permitting and development standards for transitional and supportive housing projects and identifies the criteria that must be met for supportive housing to qualify for ministerial review and the requirements associated with qualifying projects. This Section is intended to promote the development of transitional and supportive housing.

B.

Considered a residential use. Transitional and supportive housing shall be considered a residential use of property.

C.

Permit requirements.

1.

Same permit requirements. Except for projects that qualify for streamlined, ministerial review as described under Subsection C.2 (By right supportive housing) below:

a.

Transitional and supportive housing shall be allowed in any dwelling (residential use) allowed in a specific zone, subject to the same permit requirements (e.g., Land Use Permit or Conditional Use Permit) that apply to the same type of dwelling that will be used for transitional or supportive housing in the same zone.

b.

No Conditional Use Permit, Variance, or other planning permit shall be required of transitional or supportive housing that is not required of a dwelling of the same type in the same zone.

c.

When transitional or supportive housing is proposed to be located in a zone where the residential use requires a Conditional Use Permit, an additional Conditional Use Permit is not required if the existing residential use has obtained the necessary Conditional Use Permit in compliance with Section 35.472.060 (Conditional Use Permits).

2.

By right supportive housing. In accordance with Government Code Section 65651(a) or successor statutes, an application for supportive housing shall be considered ministerially without discretionary review or hearing if the project meets all of the following requirements:

a.

Zoning. The project is located within a zone where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses, and zones where such uses are permitted with a Conditional Use Permit. For the purposes of this Section, multifamily uses shall include two-family dwellings (i.e., "dwelling, two-family," as defined in Section 35.110.020 (Definitions of Specialized Terms and Phrases)).

Zones Permitting Two-Family and/or Multiple-family and/or Mixed Uses R-2 (Two-Family Residential) DR (Design Residential) PRD (Planned Residential Development) CN (Neighborhood Commercial) CV (Resort/Visitor Serving Commercial)

b.

Lower income housing. One hundred percent of the units, excluding managers' units, within the project shall be dedicated to lower income households and are, or will be, receiving public funding, and are subject to a recorded affordability restriction for 55 years. For purposes of this paragraph, "lower income households" has the same meaning as defined in Section 50079.5 of the Health and Safety Code.

c.

Minimum number of supportive housing units. At least 25 percent of the units in the project or 12 units, whichever is greater, are restricted to residents in supportive housing who meet criteria of the target population. If the project consists of fewer than 12 units, then 100 percent of the units, excluding managers' units, in the project shall be restricted to residents in supportive housing.

d.

Supportive services. Projects shall include onsite supportive services limited to tenant use that may include, but are not limited to, community rooms, case management offices, computer rooms, and community kitchens that comply with the following square footage requirements:

(1)

Projects with 20 or fewer total units shall provide at least 90 square feet for onsite supportive services.

(2)

Projects with more than 20 units shall provide at least 3 percent of the total nonresidential floor area for onsite supportive services.

e.

Dwelling unit facilities. All dwelling units, excluding managers' units, shall include at least one bathroom and a kitchen or other cooking facilities, including, at a minimum, a stovetop, a sink, and a refrigerator.

f.

Replacement units. The developer shall replace any existing dwelling units on the site of the supportive housing project in the manner provided in Government Code Section 65915(c)(3) or successor statutes.

g.

Fewer than 75 units. The project shall consist of 75 units or fewer in accordance with Government Code Section 65651(d).

D.

Development standards. Except as described in Sections D.1 (Exceptions for ministerial projects) and D.2 (Parking) below and in Government Code Section 65589.5 or successor statutes, transitional and

supportive housing projects shall be subject to the same development standards, policies, and occupancy restrictions that apply to other dwellings of the same type in the same zone.

1.

Exceptions for ministerial projects. Projects that qualify for ministerial review in compliance with Subsection C.2 (By right supportive housing) above shall only be subject to objective development standards and policies that apply to other multifamily development within the same zone, and the objective design standards in Chapter 35.433 (Multiple-Unit and Mixed-Use Housing Objective Design Standards).

2.

Parking. If the supportive housing project qualifies for ministerial review in compliance with Subsection C.2 (By right supportive housing) above and is located within one-half mile of a public transit stop, minimum parking requirements will not be imposed for the units occupied by supportive housing residents.

E.

Supportive services Supportive services provided onsite shall only serve residents of that particular housing project.

F.

Application and processing requirements

1.

If required based on the permit type, notice of the application and pending decision on a permit for transitional or supportive housing shall be given in compliance with Chapter 35.496 (Noticing and Public Hearings). Transitional or supportive housing being permitted with a Zoning Clearance shall require a posted notice by the applicant subject to the same requirements in 35.496.050A.2.

2.

Supportive services plan. For all transitional or supportive housing projects, the applicant shall submit a written plan for providing supportive services with documentation demonstrating that supportive services will be provided onsite to residents in the project, as required by Government Code Section 65651 or successor statute, and describing those services, which shall include all of the following:

a.

Services Provider. The name of the proposed entity or entities that will provide supportive services.

b.

Funding Source. The proposed funding source or sources for the provided onsite supportive services.

c.

Staffing. Proposed staffing levels.

3.

Deadlines for by right supportive housing. Projects that qualify for ministerial review in conformance with Subsection C.2 (By right supportive housing) above shall be subject to the following processing deadlines:

a.

Completeness determination deadline. Within 30 days of receipt of an application to develop supportive housing, the Department shall notify an applicant whether the application is complete. If the Department

does not make a written determination within 30 days, the application shall be deemed complete, pursuant to Government Code Section 65943, or successor statute.

b.

Decision deadline. The Director shall complete their review of the application to develop supportive housing within 60 days after the application is complete for a project with 50 or fewer units, or within 120 days after the application is complete for a project with more than 50 units.

G.

Limits on disapproval.

1.

Pursuant to Government Code Section 65589.5(d), the Department shall not disapprove a transitional or supportive housing project for very low-, low-, or moderate-income households, or condition approval in a manner that renders the project infeasible for development for the use of very low-, low-, or moderateincome households, including through the use of design review standards, unless it makes written findings, based upon substantial evidence in the record, as to one of the findings in Government Code Sections 65589.5(d)(1) through (5) or successor statute.

2.

Pursuant to Government Code Section 65589.5(j) or successor statute, if the Department proposes to disapprove a transitional or supportive housing project or approve it upon the condition that the project be developed at a lower density, the Department shall base its decision regarding the proposed project upon written findings supported by substantial evidence on the record that both of the conditions in Government Code Section 65589.5(j)(1) and (2) or successor statutes exist.

H.

Fees. Transitional and supportive housing shall not be subject to any local business taxes, local registration fees, use permit fees, or other fees to which other dwellings of the same type in the same zone are not likewise subject.

I.

Not a change in occupancy. The use of an existing dwelling for purposes of transitional or supportive housing shall not constitute a change of occupancy for purposes of local building codes.

J.

Future changes in occupancy. The required number of residents in a supportive housing project may be reduced if termination of the operating subsidy or project-based rental assistance occurs at no fault of the project owner and if all conditions outlined in Government Code Section 65651(c) or successor statutes are met.

K.

Reasonable accommodation. The requirements of this Development Code may be modified in compliance with Chapter 35.437 (Reasonable Accommodation) if necessary to comply with the Federal Fair Housing Act and the California Fair Employment and Housing Act relating to accommodations for persons with disabilities including allowances for structural installations that are necessary to accommodate disabled residents (e.g., handrails, lifts, and ramps).

L.

Conflicts with other Sections of this Development Code. Where there are conflicts between the standards in this Section 35.442.185 and other requirements of this Development Code, the provisions of this Section shall prevail.

(Ord. No. 5203, § 10, 2-13-2024)

35.442.190 - Two Unit Development and Urban Lot Splits (SB 9)

A.

Purpose and intent. The purpose of this Section is to establish procedures and development standards for up to two attached or detached principal dwelling units and urban lot splits to be considered ministerially, without discretionary review in compliance with Senate Bill (SB) 9 (2021) which added California Government Code Sections 65852.21 and 66411.7, as may be amended. The intent is to encourage the development of new residential dwelling units that contribute needed housing to the County's housing stock.

B.

Applicability. Up to two principal dwelling units and urban lot splits may be allowed on a single-family residential zoned lot within an urbanized area or urban cluster as designated by the U.S. Census Bureau in compliance with the table below.

Single Family Residential Zones R-1/E-1 (Single Family Residential)

C.

Prohibitions. Development under this Section must be consistent with the requirements identified in Government Code Sections 65852.21 and 65913.4(a)(6)(B) to (K), as may be amended.

1.

Pre-Existing Site Conditions. To be eligible for 2-unit development or an urban lot split under this Section, no portion of the project site shall be located in any of the following:

a.

A historic district or property included on the State Historic Resources Inventory as defined in Section 5020.1 of the Public Resources Code, as may be amended, or within a site that is designated or listed as a County Landmark or Place of Historic Merit.

b.

A regulatory floodway or within a special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency unless the project complies with applicable requirements of Chapter 15A and 15B of the County Code.

c.

Either prime farmland or farmland of statewide importance.

d.

Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).

e.

Within a high or very high fire hazard severity zone unless the project complies or, through development, gains compliance with applicable fire department development standards, defensible space requirements, access requirements, requirements set forth in the California Code of Regulations, Title 14 Fire Safe Regulations, and includes the use and maintenance of materials and construction methods in compliance with Chapter 7A of the California Building Code.

f.

A hazardous waste site that is listed pursuant to Government Code Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless either of the following apply:

(i)

The site is an underground storage tank site that received a uniform closure letter issued pursuant to subdivision (g) of Section 25296.10 of the Health and Safety Code based on closure criteria established by the State Water Resource Control Board for residential use or residential mixed uses.

(ii)

The State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.

g.

Within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California

Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and Chapter 10 of the County Building Code.

h.

Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act, habitat conservation plan pursuant to the federal Endangered Species Act of 1973, or other adopted natural resource protection plan.

i.

Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973, the California Endangered Species Act, or the Native Plant Protection Act.

j.

Lands under a conservation easement.

2.

Demolition or Alteration. The project does not require demolition or alteration of any of the following:

a.

Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income;

b.

Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power;

c.

Housing that has been occupied by a tenant in the last 3 years; or

d.

Housing withdrawn from the rental market within the last 15 years (i.e. the project is not on a parcel in which an owner has exercised their rights under the Ellis Act - Chapter 12.75 [commencing with Section 7060] of Division 7 of Title 1 of the Government Code to withdraw accommodations from rent or lease within 15 years before the date of application).

3.

Additional prohibitions for urban lot splits. No non-residential use is permitted on any lot created by an urban lot split in compliance with Government Code Section 66411.7.

D.

Application and processing requirements.

1.

Requirements for approval. An application for up to two principal dwelling units and/or an urban lot split is eligible for ministerial approval (Zoning Clearance or Tentative Parcel Map (TPM)) without discretionary review if the project complies with the applicable requirements specified in this Section 35.442.190 and Chapter 21 of the County Code.

a.

An application for up to two principal dwelling units and/or an urban lot split pursuant to this Section and Chapter 21, respectively, shall be considered and approved or denied without discretionary review or hearing within 60 days from the date a complete application is submitted to the Department. Failure to approve or deny the completed application within 60 days results in the application being deemed approved.

2.

Additional requirements for urban lot splits.

a.

Future lot splits on parcels created through SB 9 shall be prohibited unless approved in accordance with adopted zoning and land use designations.

b.

Urban lot splits on adjacent parcels by the same owner(s) or someone acting in concert with the owners(s) shall be prohibited.

c.

The individual property owner must submit an application for a tentative parcel map in accordance with Chapter 21, Section 21.7(d) (Submission of Tentative Maps including Parcel Maps).

d.

No Prior Urban Lot Split. The parcel being subdivided was not established through prior exercise of an urban lot split. In addition, neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using the urban lot split process as provided for in this Section.

3.

Map requirements. An application for an urban lot split shall be subject to applicable standard conditions and approval requirements in Chapter 21, Section 21-8 (Form of Tentative Map including Tentative Parcel Maps and Requirements for Approval).

Development impact mitigation fees. The applicant shall pay development impact mitigation fees in compliance with ordinances and/or resolutions in effect at the time the fees are paid. The amount of the required fee shall be determined by adopted fee resolutions and ordinance and applicable law in effect when paid, provided that the fee is charged proportionately in relation to the square footage of the principal dwelling unit(s).

5.

Nonconforming zoning conditions. The correction of nonconforming conditions shall not be required as a condition of approval of a principal dwelling unit developed in accordance with this Section.

6.

Variances and modifications. Variances and modifications shall not be granted for principal dwelling unit(s) developed pursuant to this Section.

7.

Accessory dwelling units and junior accessory dwelling units. Accessory dwelling units and junior accessory dwelling units shall count towards the maximum unit allowance per lot and/or urban lot split in accordance with Government Code Sections 65852.21 and 66411.7.

8.

Unpermitted existing development. For purposes of this Section 35.442.190, improvements to unpermitted existing development to accommodate a principal dwelling unit shall be considered new development.

9.

Noticing. A posted notice fulfilling the requirements of Sections 35.496.020.A.2 and 35.496.080 shall be required for a Zoning Clearance permit and TPM within 15 days of an application that is deemed eligible for SB 9 processing and remain posted until permit approval.

10.

Affordability requirement. At least one of the units in each two-unit residential development, or at least one unit on any lot created pursuant to an urban lot split, must be constructed and offered for sale or for rent as a moderate, low, or very low-income unit, restricted for occupancy by a moderate, low or very low-income household, as defined in and pursuant to applicable requirements of Chapter 46 of the County Code.

11.

Findings and denial. An eligible project proposed under this Section may only be denied if the County Building Official makes a written finding, based on a preponderance of evidence, that the project would have a specific, adverse impact, as defined, and determined in paragraph (2) of subdivision (d) of Section 65589.5 of the Government Code, upon public health and safety and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

E.

General standards. Up to two primary dwelling units that comply with all of the following standards, as applicable, shall be allowed with a Zoning Clearance, Building Permit and any other necessary approvals. Projects shall be subject to all other applicable objective standards of this Development Code unless specifically stated herein. If there are conflicts between the standards in this Section and other requirements of this Development Code, the provisions of this Section shall prevail.

1.

Maximum floor area and unit size. The following standards shall apply to up to two principal dwelling units allowed in compliance with this Subsection E, provided these standards can accommodate up to two 800 square foot principal dwelling units.

a.

Floor area/unit size. The principal dwelling unit shall be subject to a maximum unit size as identified in the table below, provided the combined unit size for two principal dwelling units (existing and/or proposed) shall not exceed a .4 floor area ratio or 5,000 gross square feet, whichever is less.

b.

Converted unit. A new unit that is incorporated entirely within an existing residential unit, or within an existing accessory building, is not limited in size except that it shall not exceed the footprint of the existing structure.

c.

Attached unit. Notwithstanding the maximum floor area provided above, a new unit that is attached to, and increases the size of, an existing residential unit shall not exceed the floor area of the existing residential unit.

d.

Attached garage or carport. Up to 400 additional square feet may be permitted for an attached garage or carport, compliant with standard setbacks and with the same architectural design. Any other accessory development (e.g. pools, detached garages, cabanas, etc.) shall be subject to standard permit requirements.

e.

Attached architectural feature. An attached, un-inhabitable architectural feature (e.g., covered entry, covered patio, deck, balcony, etc.) may be allowed in addition to the floor area of the new dwelling unit. The architectural feature(s) shall be subordinate to the new dwelling unit and limited to a cumulative square footage total of 25% of the floor area of the new dwelling unit. The square footage calculation shall be measured as the roof area (covered) or the footprint (uncovered).

2.

Setbacks and building configuration.

a.

Setbacks. Principal dwelling units developed pursuant to this Section shall comply with the standard setbacks for the applicable zone, with the following exceptions:

(1)

Side and rear setbacks. Side and rear setbacks may be reduced to a minimum of four feet for single story development up to a maximum of 16 feet in height or if necessary to accommodate up to two 800 square foot principal dwelling units.

(2)

Interior lots. Standard interior lot setbacks apply unless they preclude the development of up to two 800 square foot units with minimum four-foot setbacks, in which case the total setback area shall equal that of a standard lot.

(3)

Setbacks shall be clear from ground to sky.

(4)

No setback modification or variable setback shall be permitted.

(5)

No setback is required to convert an existing permitted structure to a new principal dwelling. However, the side and rear setbacks shall be sufficient for fire and safety purposes in compliance with the California Fire Code and the California Building Code, as may be amended.

3.

Maximum height. All new principal dwellings shall comply with the requirements below and all other applicable height regulations of this Development Code further limiting height, including ridgeline/hillside development guidelines (Section 35.452.040). Where conflicts exist between the height limits below and other sections of this Development Code, the more restrictive height regulations shall prevail.

a.

New attached units. New attached dwelling units shall not exceed the height of any existing principal dwelling unit on the parcel, or 25 feet and a maximum of two stories, whichever is greater.

b.

New detached units. New detached dwelling units shall not exceed a height of 25 feet and a maximum of two stories.

4.

Building separation. No building separation between principal dwelling unit(s), accessory dwelling unit(s) and other structures shall be required as long as all the structures meet minimum Building Code safety standards and allow for separate access.

F.

Building design. New construction, additions, and building conversions involving exterior alterations to create a new principal dwelling unit shall comply with the following objective design standards. Projects that comply with these standards shall not be subject to separate Design Review approval under Section 35.496.060 (Design Review). Department staff may consult with a Board of Architectural Review Chair, designee, or other design professional to assist in determining a project's compliance with the objective design standards contained in this Section. A project that does not comply with these objective design standards may be permitted under this Section, if approved by the applicable Board of Architectural Review under Section 35.496.060 (Design Review) provided that the applicant requests a delay and tolls the 60-day processing time period specified in Subsection D.1.a, above, until final design review approval.

1.

Appearance and style.

a.

Attached dwelling unit. On a site already developed with an existing principal dwelling unit, the construction of a new attached principal dwelling unit shall be designed and constructed to match the architectural style, colors, exterior building materials, and finishes, including, but not limited to, siding, windows, doors, roofing, light fixtures, hardware and railings.

b.

Building articulation. Buildings shall be designed and articulated with consistent details, articulation, materials, and elements on all sides, and shall comply with the following:

(1)

Building elevations visible from the abutting primary street more than 30 feet in length shall include either an architectural element or a two-foot variation in depth in the wall plane. Architectural elements include: front porches, balconies, upper-story setbacks, projections, and recessions, such as stoops, bay windows, overhangs, and trellises.

c.

Door and window openings. All entrances shall have either a projected sheltering element or be recessed from the main elevation; the projection or recess shall have a minimum depth of 24 inches. Windows shall either be recessed at least three inches from the plane of the surrounding exterior wall or shall have a trim or windowsill detail where appropriate with the architectural style.

2.

Materials and colors.

a.

Wall materials. The primary exterior siding material for buildings shall be wood, composite wood, stone, brick, plaster (stucco), fiber cement, or metal. The use of exposed plywood or glass curtain walls is prohibited.

b.

Building Colors. Building exteriors shall include at least two colors; at least one for the main base wall material and another for architectural trim/details.

c.

Window style consistency. Consistent window frame style and proportions shall be used on all elevations.

d.

Material and color transition. Changes in material or color shall occur at inside corners of intersecting walls or at architectural features that break up the wall plane, such as columns.

e.

Roof articulation. In order to create architectural interest, provide at least two different roof elevations for hierarchy (a primary and secondary) or extend the primary roofline over the building entrance by at least four feet to enhance building entrances.

f.

Reflective materials. New roofing and siding materials that are reflective, mirror-like, or of a glossy metallic finish are prohibited. Flat or low sloped roofs shall be constructed with a gray or tan color to reduce reflectivity. Light Reflective Value percentage shall be below .84 with a matte finish.

(1)

Glass guardrails. New glass guardrails are prohibited, unless necessary to match the glass guardrails of an existing residential unit and treated with a non-reflective coating and must remain non-reflective throughout the life of the guardrail.

g.

Lighting. Any exterior lighting shall comply with the applicable outdoor lighting requirements as set forth in Section 35.430.120 (Outdoor Lighting).

3.

Privacy standards (units greater than 16 feet in height). Where portions of the proposed construction of a principal dwelling unit is either two stories tall or greater than 16 feet in building height, the principal dwelling shall comply with the following:

a.

Upper story unenclosed landings, decks, and balconies greater than 20 square feet, that face or overlook an adjoining property, shall be located a minimum of 15 feet from the side and rear lot lines and interior lot lines and landscape screening shall be provided along the perimeter areas visible from the landing, deck or balcony.

b.

Upper story windows located within 15 feet of a side or rear lot line or interior lot line that face or overlook an adjoining property shall be installed a minimum of 42 inches above finish floor and either landscape screening shall be provided or any exposed glass below 60 inches shall be non-transparent or obscured.

G.

Site Standards. The following site standards apply to the construction of a principal dwelling unit provided that these standards permit up to two principal dwelling units of 800 square feet with minimum four-foot side and rear setbacks to be constructed on the lot in compliance with all other applicable standards of this Section 35.442.190.

1.

Grading. Grading directly associated with principal dwelling unit shall be limited to 250 cubic yards and the dwelling unit shall be located on slopes of 20 percent or less.

2.

Open space. Private open space shall be provided for each principal residential unit at a ratio of at least 250 square feet for units that provide two or less bedrooms. Each bedroom in excess of two shall require an increase of private open space by 50 square feet per additional bedroom. The open space must be directly accessible to the dwelling it serves. Up to 50% of the required front yard setback area may be used to satisfy the open space requirement; additionally, side and rear setback areas may be utilized in full. Balconies, patios, decks, unenclosed porches, and usable landscaped areas may be used towards the open space requirement. The minimum width of the private open space area shall not be less than ten feet.

3.

Landscaping. Existing or proposed landscaping shall be provided at a ratio of at least 20% of the lot area and shall include a mixture of trees, groundcover, and shrubs for screening.

a.

Perimeter hedging shall be planted to achieve a height of at least six feet after two years.

b.

Water Efficient Landscape Ordinance (WELO). If landscaping is proposed, the owner/applicant shall submit a complete landscaping and irrigation plan and comply with the State and County's WELO requirements as applicable.

4.

Tree protection. A new construction attached or detached principal dwelling unit shall comply with the following standards:

a.

Development shall avoid the removal of or damage to (i.e. greater than 20% encroachment into the Critical Root Zone) native protected trees. Trees that are removed or damaged for the construction of a new unit shall be relocated or replaced onsite at a ratio of at least 5:1 with 15-gallon plantings or equivalent.

b.

No grading, paving, or other site disturbance shall occur within the area six feet outside of the dripline of native protected trees, unless the conclusion of a report submitted by the applicant and prepared by a licensed arborist states that the proposed grading, paving, or other site disturbance will not damage or harm the tree(s).

5.

Environmentally sensitive habitat areas. The development of a principal dwelling unit shall comply with the objective requirements of Section 35.428.040 (Environmentally Sensitive Habitat Area Overlay Zone).

6.

Historic resources. A principal dwelling unit shall not be located within, attached to, or located on the same lot as a structure listed in, or determined to be eligible for listing in the California Register of Historical Resources orthe National Register of Historic Places, or a structure designated, or determined to be eligible for designation as a County Historic Landmark or County Place of Historic Merit unless the proposed principal dwelling unit follows the Secretary of the Interior's Standards for the Treatment of Historic

Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings (U.S. Department of the Interior, National Park Service, 2017) or the Secretary of the Interior's Standards for Rehabilitation (36 CFR Part 67, 1990) and Guidelines for Rehabilitating Historic Buildings (Weeks and

Grimmer, 1995), as may be amended. If a detached principal dwelling unit is proposed to be located on the same lot as a historic or potentially historic structure described above, the applicant shall submit a written assessment from a Department-approved historian confirming that the proposed principal dwelling unit shall be in conformance with this requirement.

Archaeological resources and tribal cultural resources. A new construction attached or detached principal dwelling shall be located at least 50 feet from the site boundaries of any archaeological resources or tribal cultural resources, unless a written assessment or a California Native American tribe recommends a greater buffer distance. Applicants shall submit a written assessment of any (1) archaeological resources that may qualify as "historical resources" as defined in CEQA Guidelines Section 15064.5(a), or (2) sites, features, cultural landscapes, sacred places, objects, or resources that may qualify as "tribal cultural resources" as defined in Public Resources Code Section 21074 that are located within 100 feet of the proposed principal dwelling unit. The written assessment shall be prepared by a Department-approved archaeologist or other qualified professional and shall define the characteristics and site boundaries of the archaeological resources or tribal cultural resources.

H.

Additional Standards. The following additional standards apply to the construction of up to two principal dwelling units.

1.

Parking. Off-street parking spaces shall be provided as described below.

a.

Principal dwelling unit. One off-street parking space, which may be covered or uncovered, is required per unit except as follows:

(1)

The parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code; or

(2)

There is a car share vehicle located within one block of the subject parcel.

b.

ADUs and JADUs. All ADUs and JADUs shall be subject to the applicable parking requirements for ADUs in Section 35.442.015 (Accessory Dwelling Units and Junior Accessory Dwelling Units).

2.

Adequate services. Development of up to two principal dwelling units on a parcel and urban lot splits shall demonstrate provision of adequate services, including water, sanitary, and access, including for newly created lots even if no development is currently proposed. Water meters and sewage connections shall be separate for units residing on separate parcels.

Stormwater control. New development shall comply with applicable National Pollutant Discharge Elimination System (NPDES) stormwater regulations.

4.

Rental restrictions.

a.

A principal dwelling unit may be used for rentals provided that the length of any rental is longer than 30 consecutive days.

b.

The use of a principal dwelling unit as a Homestay or Short-Term Rental shall be prohibited.

(Ord. No. 5232, § 7, 2-4-2025)

CHAPTER 35.444 - TELECOMMUNICATIONS FACILITIES

35.444.010 - Commercial Telecommunications Facilities

A.

Purpose and intent. This Section establishes the permit requirements and standards for the siting and

development of commercial telecommunication facilities. The intent is to promote their orderly development and ensure they are compatible with surrounding land uses in order to protect the public safety and visual resources.

B.

Applicability.

1.

Affected facilities and equipment. The provisions of this Section shall apply to commercial telecommunication facilities that transmit or receive electromagnetic signals (e.g., radio, television, and wireless communication services including personal communication, cellular, and paging). This Section shall not be construed to apply to handheld, vehicular, or other portable transmitters or transceivers, including cellular phones, CB radios, emergency services radio, and other similar devices, or to wireless telecommunications facilities appurtenant to natural gas distribution facilities regulated by the California Public Utilities Commission, allowed within all zone districts, that are consistent with the standards set forth in Section 35.444.030 (Telecommunications Facilities Appurtenant to Natural Gas Distribution Facilities).

2.

Allowable zones and permit requirements. Table 4-10 (Allowable Zones and Permit Requirements for Commercial Telecommunications Facilities) below establishes the allowable zones, permit requirements, and development standards applicable to commercial telecommunications facilities as allowed by this Section. Different permit processes shall be required depending on the type of the commercial

telecommunication facility being proposed and whether the facility complies with different development standards.

Table 4-10 - Allowable Zones and Permit Requirements for Commercial Telecommunication Facilities

C.

Processing. Permits for commercial telecommunication facilities shall be approved in compliance with the following requirements, including the requirements of Subsection D through Subsection H below, unless

otherwise specified. Modifications to zone regulations in compliance with Section 35.472.060 (Conditional Use Permits) may be allowed only as specified in this Section.

1.

Tier 1 projects. Commercial telecommunication facilities that comply with the following may be permitted as a Tier 1 commercial facility:

a.

Standards for Tier 1 projects, temporary facilities. Temporary telecommunications facilities may be permitted in compliance with Subsection 35.442.180.G.

b.

Standard for Tier 1 projects, Spectrum Act facilities. Pursuant to Section 6409 of the federal Spectrum Act (47 U.S.C. Section 1455) and its implementing regulations (47 C.F.R. Section 1.6100), as amended, any eligible facilities request for a modification of an existing wireless tower or base station that does not substantially change the physical dimensions of such tower or base station shall be allowed. The terms used in this subsection shall have the meaning ascribed to them in 47 C.F.R. Section 1.6100(b), as amended.

(1)

Pursuant to 47 C.F.R Section 1.6100, as amended, the request shall comply with the following:

(a)

Eligible facilities request. The project must be a request for modification to an existing wireless tower or base station that involves:

(i)

Collocation of new transmission equipment;

(ii)

Removal of transmission equipment; or

(iii)

Replacement of transmission equipment.

(b)

The wireless tower or base station is existing at the time of permit application, supports existing antennas, and was permitted in compliance with this Development Code.

(c)

The wireless tower is any structure built for the sole purpose of supporting any Federal Communications Commission (FCC)-licensed antennas and associated facilities.

(2)

Substantial change. Pursuant to 47 C.F.R Section 1.6100, as amended, a modification shall not be allowed pursuant to this section if it substantially changes the physical dimensions of an existing wireless tower or base station. A modification substantially changes the physical dimensions if it meets any of the following criteria:

(a)

Wireless towers not located within the public right-of-way.

(i)

The modification increases the height of the tower by more than 10 percent, or by the height of one additional antenna array with separation from the nearest antenna not to exceed 20 feet, whichever is greater.

(ii)

The modification adds an appurtenance to the body of the tower that would protrude from the edge of the tower by more than 20 feet, or by more than the width of the tower structure at the level of the appurtenance, whichever is greater.

(b)

Wireless towers located within the public right-of-way and base stations.

(i)

The modification increases the height of the structure by more than 10 percent, or by more than 10 feet, whichever is greater.

(ii)

The modification adds an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet.

(iii)

The modification involves installation of any new equipment cabinets on the ground if there are no preexisting ground cabinets associated with the structure.

(iv)

The modification involves installation of ground cabinets that are more than 10 percent larger in height or overall volume than any other ground cabinets associated with the structure.

(c)

The modification involves installation of more than the standard number of equipment cabinets for the technology involved, but not to exceed four cabinets.

(d)

The modification entails excavation or deployment outside of the current site.

(e)

The modification would defeat the concealment elements of the support structure.

c.

Standards for Tier 1 projects, hub sites. Wireless telecommunication facilities that comply with the following may be allowed:

(1)

The facility qualifies as a hub site.

(2)

No antennas are proposed except as follows:

(a)

One Global Positioning System (GPS) may be allowed.

(3)

The facility is located within a permitted building.

(4)

Noticing standards for Tier 1 (c) hub site projects. A posted notice fulfilling the requirements of Sections 35.106.020.A.2 and 35.106.080 shall be required for a Zoning Clearance permit within 15 days of a complete application and remain posted until permit approval.

2.

Tier 2 projects. Commercial telecommunication facilities that comply with the following may be permitted as a Tier 2 commercial facility:

a.

Standards for Tier 2 projects, small wireless facilities. "Small wireless facilities," as that term is defined in 47 C.F.R. Section 1.6002(l), as amended, that comply with the following may be allowed.

(1)

The facilities:

(a)

are mounted on structures 50 feet or less in height including antennas as defined in 47 C.F.R. Section 1.1320(d);

(b)

are mounted on structures no more than 10 percent taller than other adjacent structures; or

(c)

do not extend existing structures on which they are located to a height of more than 50 feet or by more than 10 percent, whichever is greater.

(2)

Each antenna associated with the deployment, excluding associated antenna equipment (as defined in the definition of antenna in 47 C.F.R. Section 1.1320(d)), is no more than three cubic feet in volume.

(3)

All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than 28 cubic feet in volume.

(4)

The facility does not require antenna structure registration under Part 17 of Title 47 C.F.R., or its successor regulations (i.e., Federal Communications registration due to extreme height or proximity to an airport).

(5)

The facility is not located on Tribal lands, as defined under 36 C.F.R. Section 800.16(x), or its successor regulation.

(6)

The antenna shall be mounted on one of the following:

(a)

an existing or replacement operational public utility pole or similar support structure (e.g., non-decorative street light, traffic light, telephone pole, existing wooden pole) that is not being considered for removal, as determined by the Director;

(b)

the roof of an existing structure or vaulted underground;

(c)

an existing or replacement non-pole concealment structure.

If technical requirements dictate through a site analysis by a qualified technical specialist demonstrating that the antenna cannot be mounted on one of the above, the antenna may be mounted on a new pole or similar structure provided the new pole or structure replicates the materials, color, and finish of existing infrastructure nearby.

(7)

Accessory equipment. Accessory equipment associated with the antenna and pole structure, shall be installed and located:

(a)

Underground;

(b)

Concealed within the structure;

(c)

Pole mounted (with a 10-foot ground clearance); or

(d)

Above-grade structure (with a 2-foot setback from the sidewalk).

(8)

Siting and clearance. All small wireless facilities, associated antennas and accessory equipment shall comply with the following siting and clearance standards:

(a)

Shall be installed on poles that are located as close as feasible to shared property lines between two adjacent lots and not directly in front of residences and businesses;

(b)

Shall not be placed within 20 feet from a residential dwelling's doors or windows;

(c)

Shall be installed at least 50 feet away from any streetlight, utility pole or other similar support structure if the small wireless facility and any associated antennas, accessory equipment or improvements are attached to or part of any new, non-replacement support structure;

(d)

Shall not be placed within any clear zone at any intersection;

(e)

Shall not be placed in a location that obstructs illumination patterns for existing streetlights, views of any traffic signs or signals, or view lines for traveling vehicles, bicycles, or pedestrians, as determined by County's Public Works Department;

(f)

Shall provide a minimum 2-foot setback clearance from sidewalks for any protruding equipment on poles; and

(g)

Shall provide a setback for a fixed object per CALTRANS standards and County Engineering Design Standards. The following shall be required if a setback cannot be obtained within the right of way:

i.

Private easement that is setback from travel lane; and

ii.

Guardrail or other mitigation protection.

(9)

Design Standards.

(a)

Stealth and concealment. All small wireless facilities shall be as stealth as technically feasible with concealment elements and techniques that mimic or blend with the underlying support structure, surrounding environment and adjacent uses.

New installations, antennas, antenna equipment and associated equipment enclosures (excluding disconnect switches), conduit and fiber shall be fully concealed within the structure. If such concealment is incompatible with the pole design, then the antennas and associated equipment enclosures must appear as an integral part of the structure or mounted as close to the pole as feasible and must be no greater in size than required for the intended purpose of the facility.

(b)

Stealth and concealment, accessory equipment.

(i)

Vertical cable risers. All cables, wires and other connectors shall be routed through conduits within the pole or other support structure, and all conduit attachments, cables, wires and other connectors shall be concealed from public view. To the extent that cables, wires and other connectors cannot be routed

through the pole, such as with wood utility poles, they shall be routed through external conduits or shrouds that have been finished to match the underlying pole.

(ii)

Spools and coils. Excess fiber optic or coaxial cables shall not be spooled, coiled or stored on the pole outside equipment cabinets or shrouds.

(iii)

Pole-mounted. Pole-mounted accessory equipment shall be placed in a location that is most concealed under the circumstances presented by the proposed pole and location. Pole-mounted accessory equipment may be installed behind street, traffic or other signs to the extent that the installation complies with applicable public health and safety regulations.

(c)

Finishes. Replacement poles shall be of the same material as the existing pole being replaced or adjacent poles located within the contiguous right-of-way. All small wireless facility exterior surfaces shall be painted, colored or wrapped in flat, non-reflective hues that match the underlying support structure. All surfaces shall be treated with graffiti-resistant sealant.

(d)

Trees and landscaping. All small wireless facilities shall not permanently displace any existing tree or landscape features. Small wireless facilities proposed to be placed in a landscaped area must submit a restoration and maintenance plan for damaged and removed hardscape and landscape features surrounding the facility. The project will be conditioned to require the applicant to carry out the Restoration and Maintenance Plan. The approval authority may require additional hardscape or landscape features for small wireless facilities proposed to be placed in a landscaped area in public rights-of-way to screen the small wireless facility from public view or otherwise enhance the stealth techniques required under Chapter 35-44.010.C.2. All plants proposed or required must be native and/or drought-tolerant.

(e)

Shrouding. All antennas and associated cables, jumpers, wires, mounts, masts, brackets and other connectors and hardware shall be installed within a single shroud or radome to the extent technically feasible. If the antennas cannot be placed in an opaque shroud, the Director may approve alternative stealth techniques.

(i)

For pole-top antennas, the shroud shall be visually consistent with the design, color and scale of the underlying pole, and shall not exceed 2.5 times the median pole diameter.

(ii)

For side-arm antennas, the shroud must cover the cross arm and any cables, jumpers, wires or other connectors between the vertical riser and the antenna.

(f)

Height. No antenna or associated antenna structure shall extend more than the minimum necessary separation between the antenna and other pole attachments required by applicable health and safety regulations, or the maximum structure height permitted by Subsection C.2.a.(1), above, whichever is less.

(g)

Volume.

(i)

Antenna. The cumulative volume for all antennas on a single small wireless facility pole or structure shall not exceed: (A) three cubic feet within 500 feet of a residential dwelling; or (B) six cubic feet for all other locations.

(ii)

Accessory equipment. Surface-mounted and above-ground accessory equipment for a small wireless facility shall be as small as technically feasible. This requirement shall not be applicable to accessory equipment placed underground or within existing structures.

(h)

Horizontal extensions.

(i)

Side-mounted antennas are prohibited unless no other option is technically feasible. Where permitted, sidemounted antennas shall be placed as close to the support structure as technically feasible and shall not extend over any roadway for vehicular travel or any abutting private property. If applicable laws require a side-mounted antenna to extend more than 24 inches from the support structure, the extension shall be no greater than required for compliance with such laws as documented by the applicant with substantial evidence in the application.

(ii)

Pole-mounted accessory equipment shall be flush with the pole and shall not extend over any roadway for vehicular travel or any abutting private property. If applicable laws preclude flush-mounted accessory equipment, the separation gap between the pole and the accessory equipment shall be no greater than required for compliance with such laws and concealed by opaque material (such as cabinet "flaps" or "wings").

(i)

Accessory Equipment. Additional design standards that apply to all accessory equipment associated with the small wireless facility:

(i)

Undergrounded. Accessory equipment (other than any electric meter where permitted because a flat-rate service is not available and an emergency disconnect switch) shall be placed underground when proposed in any underground utility district unless allowed in compliance with Section 34-7(f) of Chapter 34 (Underground Utility Districts) of the County Code, or any location where the Director finds substantial evidence that the additional above-ground accessory equipment would restrict public use of the public rights-of-way. However, the Director may grant an exception when the applicant demonstrates by clear and convincing evidence that compliance with this Section would be technically infeasible.

(ii)

Vaults. All undergrounded accessory equipment shall be installed in a vault that is load-rated to meet the County's standards and specifications. Underground vaults located beneath a sidewalk shall be constructed with a slip-resistant cover and properly secured to prevent unauthorized access. Vents for airflow shall be flush-to-grade when placed within the sidewalk and may not exceed two feet above grade when placed off the sidewalk. Vault lids shall not exhibit logos or commercial advertisements.

(iii)

Minimum ground clearance. The lowest point on any pole-mounted accessory equipment shall be at least 10 feet above ground level adjacent to the pole. If applicable laws require any pole-mounted accessory equipment component to be placed less than 10 feet above ground level, the clearance from ground level shall be no less than required for compliance with such laws.

(iv)

Orientation. Unless placed behind a street sign or some other concealment that dictates the equipment orientation on the pole, all pole-mounted accessory equipment shall be oriented in line with the adjacent road or oriented away from the adjacent road when concealed by landscaping or existing vegetation.

(10)

The placement of multiple, interconnected, small wireless facilities to establish a new network (i.e. four or more within a square mile) may be reviewed as a whole project including all components that result in a physical change to the environment (e.g. antennas, equipment, cabling, trenching, boring, vaults, poles, hub sites.)

(11)

Façade-mounted antennas. Antennas mounted to the façade of a building or structure shall be architecturally integrated into the building or structure design and otherwise made as unobtrusive as possible. If possible, antennas should be located entirely within an existing or newly created architectural feature so as to be completely screened from view. Façade-mounted antennas shall not protrude more than two feet horizontally from the façade.

b.

Standards for Tier 2 projects, tenant improvements. Wireless telecommunication facilities that comply with the following may be allowed:

(1)

The facility qualifies as a tenant improvement that does not otherwise qualify as a small wireless facility under C.2.a, above.

(2)

Antennas, associated antenna support structures, and equipment shelters shall comply with the height limit of the zone that the project is located in subject to the limitations and exceptions provided below.

(3)

Antennas, associated antenna support structures, and equipment shelters may exceed the height limit of the zone that the project is located in under any of the following circumstances:

(a)

The antenna, associated antenna support structure, and equipment shelter is located within an existing structure.

(b)

The antenna is mounted on an exterior wall of an existing structure, and the highest point of either the antenna or the antenna support structure does not extend above the portion of the wall, including parapet walls and architectural façades, that the antenna is mounted on.

(c)

The antenna or equipment shelter is located on the roof of an existing structure behind a parapet wall or existing architectural façade and the highest point of the antenna or equipment shelter does not protrude above the parapet wall or architectural façade.

(d)

The portion of the facility that would exceed the height limit is located within an addition that qualifies as an architectural projection.

(4)

Antennas and associated antenna support structures proposed to be installed on the roof or directly attached to an existing structure shall be fully screened or architecturally integrated into the design of the structure. The highest point of the antenna and associated antenna support structure shall not extend above the portion of the structure, including parapet walls and architectural façades, that it is mounted on and shall not protrude more than two feet horizontally from the structure. If mounted on the roof of an existing structure the highest point of the antenna shall not extend above the parapet wall or architectural façade.

(5)

Equipment shelters proposed to be installed on the roof of an existing or proposed structure shall be fully screened or architecturally integrated into the design of the structure (e.g., located behind a parapet wall or architectural façade) and the highest point of the equipment shelter shall not protrude above the parapet wall or architectural façade.

(6)

Access to the facility shall be provided by existing roads or driveways.

c.

Standards for Tier 2 projects, collocated facilities. Wireless telecommunication facilities that do not otherwise qualify as a small wireless facility under C.2.a, above and that comply with the following may be allowed, subject to applicable permit requirements of this Code:

(1)

The facility qualifies as a collocated telecommunications facility.

(2)

Antennas, associated antenna support structures, and equipment shelters shall comply with the height limit of the zone that the project is located in subject only to the limitations and exceptions provided below.

(a)

Antennas, associated antenna support structures, and equipment shelters may exceed the height limit of the zone that the project is located in under either of the following circumstances:

(i)

As provided in Subsection C.2.b.(3).

(ii)

The highest point of the any portion of the new facility proposed to be located on an existing facility does not extend above the existing antenna support structure or the portion of any other structure, including parapet walls and architectural façades, that it is mounted on and shall not protrude more than two feet horizontally from the structure.

d.

Standards for Tier 2 projects, facilities that comply with the zone height limit. Wireless telecommunication facilities that do not otherwise qualify as small wireless facilities under C.2.a, above and that comply with the following may be allowed:

(1)

Antennas, associated antenna support structures, and equipment shelters shall comply with the height limit of the zone that the project is located in except as provided below.

(a)

Antennas, associated antenna support structures and equipment shelters may exceed the height limit of the zone that the project is located under the following circumstances:

(i)

As provided in Subsection C.2.c.(2)(a).

(ii)

The antenna is mounted on an existing, operational public utility pole or similar support structure (e.g., streetlight standard), as determined by the Director, provided that the highest point of the antenna does not exceed the height of the existing utility pole or similar support structure that it is mounted on.

(2)

The height of the antenna and associated antenna support structure shall not exceed 15 feet above the highest point of the structure on which the antenna and support structure is located. Architectural projections shall not be used in determining the highest point of the structure. If located on a flat roof of an existing structure, the height of the antenna above the roof shall not exceed the distance the antenna is set back from any edge of the roof.

(3)

The base of a new freestanding antenna support structure shall be set back from a lot with a residential zone designation a distance equal to five times the height of the antenna and antenna support structure, or a minimum of 300 feet, whichever is greater.

e.

Noticing standards for all Tier 2 projects. A posted notice fulfilling the requirements of Sections 35.106.020.A.2 and 35.106.080 shall be required for a Zoning Clearance permit within 15 days of a complete application and remain posted until permit approval.

3.

Tier 3 projects. Commercial telecommunication facilities that comply with the following may be permitted as a Tier 3 commercial facility:

a.

Standards for Tier 3 projects, facilities not exceeding 50 feet in height that do not otherwise qualify as a small wireless facility under C.2.a, above. Wireless telecommunication facilities that comply with the following may be allowed:

(1)

Antennas, the associated antenna support structures, and equipment shelters shall comply with the height limit of the zone that the project is located in subject to the limitations and exceptions as provided below. A

modification to the height limit in compliance with Subsection 35.472.060.I (Conditions, restrictions, and modifications) may be allowed. However, the highest point of the antenna and associated antenna support structure shall not exceed 50 feet.

(2)

Antennas, associated antenna support structures, and equipment shelters may exceed the height limit of the zone that the project is located in without the approval of a modification in compliance with Subsection 35.472.060.I (Conditions, restrictions, and modifications) under the following circumstances:

(a)

As provided in Subsection C.2.d.(1)(a).

(b)

The antenna and antenna support structure are mounted on an existing structure and the height of the antenna and antenna support structure does not exceed 15 feet above the highest point of the structure provided the highest point of the antenna does not exceed 50 feet. Architectural projections shall not be used in determining the highest point of the structure.

(3)

The base of a new freestanding antenna support structure shall be set back from a residentially zoned lot a distance equal to five times the height of the antenna and antenna support structure, or a minimum of 300 feet, whichever is greater.

b.

Standards for Tier 3 projects, satellite ground station facilities, relay towers, towers or antennas for radio/television transmission and/or reception. Other telecommunication facilities or structures, including satellite ground station facilities, relay towers, towers or antennas for the transmission and/or reception of radio, television, and communication signals that comply with the following may be allowed:

(1)

Are not located in a residential zone as identified in Section 35.404.020 (Zoning Map and Zones).

(2)

Do not exceed 50 feet in height.

4.

Tier 4 projects. Commercial telecommunication facilities that comply with the following may be permitted as a Tier 4 commercial facility:

a.

Standards for Tier 4 projects, facilities that are not allowed in compliance with Tier 1 through Tier 3. Wireless telecommunication facilities that may not be permitted in compliance with Subsections C.1 through C.3 above, but do comply with the following development standards, under Subsection D below, may be allowed provided the height of the antenna and associated antenna support structures shall not exceed 75 feet.

b.

Standards for Tier 4 projects, other facilities that are subject to regulation by the FCC or CPUC, e.g., AM/FM radio stations, television stations. Other telecommunication facilities as follows are allowed in nonresidential zones as identified in Section 35.404.020 (Zoning Map and Zones). These do not include wireless telecommunication facilities that are subject to the provisions of Subsection C.4.a above, or amateur radio facilities that are subject to the provisions of Section 35.444.020 (Noncommercial Telecommunication Facilities).

(1)

Facilities that are subject to regulation by the FCC or the California Public Utilities Commission (e.g., AM/FM radio stations, television stations). Such facilities may include: equipment shelters, antennas, antenna support structures, and other appurtenant equipment related to communication facilities for the transmission or reception of radio, television, and communication signals.

(2)

Other commercial telecommunication facilities that exceed 50 feet in height.

D.

Additional development standards for telecommunication facilities. In addition to the development standards in Subsection C (Processing) above, all commercial telecommunication facilities except temporary mobile telecommunications facilities, shall also comply with the following development standards unless otherwise indicated below, provided that if the following development standards conflict with any of the design standards regulating small wireless facilities in Subsections C.2.a.(7) through C.2.a. (9), above, the design standards specific to small wireless facilities shall control.

1.

Telecommunication facilities shall comply in all instances with the following development standards:

a.

Setbacks. The facility shall comply with the setback requirements of the zone in which the facility is located except as follows:

(1)

Antennas may be located within the setback area without approval of a modification in compliance with Subsection 35.472.060.I (Conditions, restrictions, and modifications) provided they are installed on an existing, operational, public utility pole, or similar existing support structure.

(2)

Underground equipment (e.g., equipment cabinet) may be located within the setback area and rights-ofway provided that no portion of the facility shall obstruct existing or proposed sidewalks, trails, and vehicular ingress or egress.

(3)

A modification to the setback is granted in compliance with Subsection 35.472.060.I (Conditions, restrictions, and modifications).

b.

Height limits and exceptions. The height of antennas and associated antenna support structures (e.g., lattice towers, monopoles) are limited to 50 feet in height and shall comply with the height limits specified in Subsection C (Processing) above.

(1)

The height limit may be increased to a maximum of 75 feet when technical requirements dictate.

(2)

Antennas and support structures used in connection with wireless communication facilities may exceed 75 feet if:

(a)

The antenna is mounted on or within an existing structure and the highest point of the antenna does not protrude above the highest point of the structure, including parapet walls and architectural façades, that the antenna is mounted on; or,

(b)

The antenna is mounted on an existing, operational public utility pole or similar support structure (e.g., street light standard), as determined by the Director provided the highest point of the antenna does not exceed the height of the existing utility pole or similar support structure that it is mounted on.

c.

Public Access. The general public shall be excluded from the facility by fencing or other barriers such as mounting height that prevent access to the antenna, associated antenna support structure, and equipment shelter.

d.

Historical landmarks. Facilities proposed to be installed in or on a structure or site that has been designated by the County as a historical landmark shall be reviewed and approved by the Historic Landmarks Advisory Commission, or the Board on appeal.

e.

Compliance with FCC. The facility shall comply at all times with all FCC rules, regulations, and standards, including but not limited to, safety signage. Maximum Permissible Exposure (MPE) Limits for radiofrequency (RF) energy, and any other similar requirements to ensure public protection and all other legally binding, more restrictive standards subsequently adopted by federal agencies having jurisdiction.

f.

Access roads and parking areas. The facility shall be served by roads and parking areas consistent with the following requirements:

(1)

New access roads or improvements to existing access roads shall be limited to the minimum required to comply with County regulations concerning roadway standards and regulations.

(2)

Existing parking areas shall be used whenever possible, and new parking areas shall not exceed 350 square feet in area.

(3)

Newly constructed roads or parking areas shall, whenever feasible, be shared with subsequent telecommunication facilities or other allowed uses.

g.

Lighting. The facility shall be unlit except for the following:

(1)

A manually operated light or light controlled by motion-detector that includes a timer located above the equipment structure door that shall be kept off except when personnel are present at night.

(2)

Where an antenna support structure is required to be lighted, the lighting shall be fully shielded and directed downward to avoid spillover onto nearby residences.

h.

Colors and materials. Colors and materials shall be chosen to minimize visibility, using textures and colors to match or blend with the primary background.

(1)

Exterior finish. The visible surfaces of support facilities (e.g., vaults, equipment rooms, utilities, equipment enclosures) shall be finished in non-reflective materials.

(2)

Painted surfaces. Structures, poles, towers, antenna supports, antennas, and other components of each telecommunication site shall be initially painted and repainted as necessary with a non-reflective paint. The lessee shall not oppose the repainting of their equipment in the future by another lessee if an alternate color is deemed more appropriate by a review authority in approving a subsequent permit for development.

i.

Landscaping. The facility shall be constructed so as to maintain and enhance existing vegetation, without increasing the risk of fire hazards, through the implementation of the following measures:

(1)

Existing trees and other vegetation that screens the facility and associated access roads, power lines and telephone lines that are not required to be removed in order to construct the facility or to achieve fire safety clearances, shall be protected from damage during the construction period and for the life of the project.

(2)

Underground lines shall be routed to avoid damage to tree root systems to the maximum extent feasible.

(3)

Additional trees and other native or adapted vegetation shall be planted and maintained in the vicinity of the project site, and associated access roads, power lines, and telephone lines, under the following situations:

(a)

The vegetation is required to screen the improvements from public viewing areas.

(b)

The facility or related improvements are likely to become significantly more visible from public viewing areas over time due to the age, health, or density of the existing vegetation.

Required landscape plans shall be comprised of appropriate species and should be prepared by a botanist, licensed landscape contractor, or licensed landscape architect. A performance security shall be required to guarantee the installation and maintenance of new plantings.

(4)

Existing trees or significant vegetation used to screen the facility that die in the future shall be replaced with native trees and vegetation of a comparable size, species, and density. The facility may be required to be repainted during the time required for the newly planted vegetation to mature and provide adequate screening.

(5)

The vegetation that exists when the project is initially approved that is required to provide screening for the facility shall not be altered in a manner that would increase the visibility of the facility and associated access roads, power lines, and telephone lines, except:

(a)

Where the alteration is specifically allowed by the approved project; or

(b)

Where necessary to avoid signal interference to and from the approved facility.

Alteration of vegetation shall be done under the direction of a licensed arborist.

2.

Telecommunication facilities shall comply with the following development standards in all instances, except that the review authority may exempt a facility from compliance with one or more of the following development standards if requested by the applicant. However, an exemption may only be granted if the review authority finds, after receipt of sufficient evidence, that failure to adhere to the standard in the specific instance either will not increase the visibility of the facility or decrease public safety, or it is required due to technical considerations, or it would avoid or reduce the potential for environmental impacts.

a.

The primary power source shall be electricity provided by a public utility. Backup generators shall only be operated during power outages and for testing and maintenance purposes. New utility line extension longer than 50 feet installed primarily to serve the facility shall be located underground unless an overhead line would not be visible from a public viewing area. New underground utilities shall contain additional capacity (e.g., multiple conduits) for additional power lines and telephone lines if the site is determined to be suitable for collocation.

b.

Disturbed areas associated with the development of a facility shall not occur within the boundaries of an environmentally sensitive habitat area.

c.

Collocation on an existing support structure shall be required for facilities allowed in compliance with Subsection C.2 through Subsection C.4 of this Section, unless:

(1)

The applicant can demonstrate that reasonable efforts, acceptable to the review authority, have been made to locate the antenna on an existing support structure and these efforts have been unsuccessful; or

(2)

Collocation cannot be achieved because there are not existing facilities in the vicinity of the proposed facility; or

(3)

The review authority determines that collocation of the proposed facility would result in greater visual impacts than if a new support structure were proposed.

Proposed facilities shall be assessed as potential collocation facilities or sites to promote facility and site sharing so as to minimize the overall visual impact. Sites determined by the Department to be appropriate as collocated facilities or sites shall be designed in a way that antenna support structures and other associated features (e.g., parking areas, access roads, utilities, equipment buildings) may be shared by site users. Criteria used to determine suitability for collocation include the visibility of the existing site, potential for exacerbating the visual impact of the existing site, availability of necessary utilities (power and telephone), existing vegetative screening, availability of more visually suitable sites that meet the radiofrequency needs in the surrounding area, and cumulative radiofrequency emission studies showing compliance with radiofrequency standards established by the FCC. Additional requirements regarding collocation are located in Subsection E.3 (Collocation) below.

d.

Support facilities (e.g., vaults, equipment rooms, utilities, equipment enclosures) shall be located underground or blend in with surrounding environment, if they would otherwise be visible from public viewing areas (e.g., public road, trails, recreational areas) or shall be screened by existing or new landscaping, fences, and/or walls.

3.

Telecommunication facilities allowed in compliance with Subsection C.3 through Subsection C.4 of this Section shall comply with the following development standards in all instances, except that the review authority may exempt a facility from one or more standards if requested by the applicant An exemption shall only be granted if the review authority finds, after receipt of sufficient evidence, that failure to adhere to the standard in the specific instance shall not increase the visibility of the facility or decrease public safety, or is required due to technical considerations, or it would avoid or reduce the potential for environmental impacts.

a.

A facility shall not be located so as to silhouette against the sky if substantially visible from a statedesignated scenic highway or roadway located within a scenic corridor as designated on the Comprehensive Plan maps.

b.

A facility shall not be installed on an exposed ridgeline unless it blends with the surrounding existing natural or manmade environment in a manner that ensures that it will not be substantially visible from public viewing areas (e.g., public road, trails, recreation areas) or is collocated in a multiple user facility.

c.

Telecommunication facilities that are substantially visible from public viewing areas shall be sited below the ridgeline, depressed or located behind earth berms in order to minimize their profile and minimize any intrusion into the skyline. In addition, where feasible, and where visual impacts would be reduced, the facility shall be designed to look like the natural or manmade environment (e.g., designed to look like a tree, rock outcropping, or streetlight) or designed to integrate into the natural environment (e.g., imbedded in a hillside). These facilities shall be compatible with the existing surrounding environment.

E.

Project installation and post installation provisions.

1.

FCC Compliance. The facility shall be operated in strict conformance with: (i) all rules, regulations, standards and guidance published by the FCC, including but not limited to, safety signage, Maximum Permissible Exposure (MPE) Limits, and any other similar requirements to ensure public protection and (ii) all other legally binding, more restrictive standards subsequently adopted by federal agencies having jurisdiction.

a.

Demonstration of compliance. Compliance with all applicable standards shall be demonstrated with a report prepared by a qualified professional acceptable to the County to perform radiofrequency (RF) field testing to evaluate compliance with current federally established MPE standards. Compliance shall be demonstrated as needed to address changes in setting, technology and FCC regulations.

b.

Conditions of approval. The approved planning permit for the facility may include conditions of approval as determined to be appropriate by the review authority to ensure that the facility is operated in a manner that does not pose, either by itself or in combination with other facilities, a potential threat to public safety. Said conditions of approval may include the following requirements:

(1)

Initial verification. The Permittee shall submit a report prepared by a qualified professional acceptable to the County (wholly independent of Permittee) that includes a RF field test that measures actual RF electromagnetic exposure at the site within 30 days of Final Building Permit Clearance.

(a)

This RF field-testing shall measure all ambient sources of RF energy at the site and report the cumulative RF exposure, including contributions from the site together with other sources of RF energy in the environment as a whole.

(b)

The field test should include the author's/professional's findings with respect to compliance with federally established MPE standards.

(c)

Should the facility exceed the applicable standards, the facility shall cease and desist commercial operations until it complies with, or has been modified to comply with, applicable RF standards.

(2)

Continued compliance. The Permittee shall demonstrate continued compliance with the MPE limits through submittal of regular RF field test reporting in compliance with the following:

(a)

Every five years, or other time period as specified by the review authority as a condition of approval of the project, a report prepared by a qualified professional acceptable to the County to perform RF field testing to evaluate compliance with current federally established MPE standards shall be prepared that lists the actual measured level of RF emissions radiating from the whole facility. The report shall be submitted by the newest carrier operating at the facility to the Director. If the level of RF emissions has changed since permit approval, measurements of RF levels in nearby inhabited areas shall be taken and submitted with the report.

(3)

Facility upgrades. Prior to the addition/replacement of equipment which has the potential to increase RF emissions at any public location beyond that estimated in the initial application and is within the scope of the project description, Permittee shall submit a report providing the calculation of predicted maximum effective radiated power including the new equipment as well as the maximum cumulative potential public RF exposure expressed as a percentage of the public MPE limit attributable to the site as a whole. Once the new equipment has been installed, Permittee shall perform Initial Verification as stated above.

(4)

Updated standards. In the event the federally established RF public exposure standards change, the Permittee shall submit a report with calculations of the maximum potential public RF exposure from the Project with respect to the revised RF public exposure standards within 90 days of the date the change becomes effective. If calculated levels exceed 80 percent of the applicable RF standards, Permittee shall notify the County and submit a MPE compliance verification report with the results from current RF fieldtesting at the site.

c.

Failure to supply reports. Failure to supply the reports required in compliance with this Subsection E.1 within 30 days following the date that written notice is mailed by the Director that such compliance report is due or failure to remain in continued compliance with the MPE limit shall be grounds for revocation of the Zoning Clearance or other entitlement of use by the Director. The decision of the Director to revoke the

Zoning Clearance or other entitlement of use is final subject to appeal in compliance with Chapter 35.492 (Appeals).

2.

Project Review. The County reserves the right to undertake inspection of the facility and require the Permittee to modify its facilities should a more effective means of ensuring aesthetic compatibility with surrounding uses have become available as a result of subsequent technological advances, changes in circumstance from the time the project was initially approved, or the project fails to achieve the intended purposes of the development standards listed in Subsection D (Additional development standards for telecommunication facilities).

3.

Collocation. The Permittee shall avail its facility and site to other telecommunication carriers and, in good faith, accommodate all reasonable requests for collocation in the future subject to the following parameters:

a.

The party seeking collocation shall be responsible for all facility modifications, environmental review, mitigation measures, associated costs, and permit processing.

b.

The Permittee shall not be required to compromise the operational effectiveness of its facility or place its prior approval at risk.

c.

The Permittee shall make its facilities and site available for collocation on a non-discriminatory and equitable cost basis.

d.

The County retains the right to verify that the use of the Permittee's facilities and site conforms to County policies.

4.

Abandonment-Revocation.

a.

The Permittee shall remove all support structures, antennas, equipment and associated improvements and restore the site to its natural pre-construction state within one year of discontinuing use of the facility or upon permit revocation.

b.

Should the Permittee require more than one year to complete removal and restoration activities the Permittee shall apply for a one-time time extension.

c.

In the event the Owner requests that the facility or structures remain, the Owner shall apply for necessary permits for those structures within one year of discontinued use.

d.

If use of the facility is discontinued for a period of more than one year and the facility is not removed the County may remove the facility at the Permittee's expense.

5.

Transfer of ownership. In the event that the Permittee sells or transfers its interest in the

telecommunications facility, the Permittee and/or succeeding carrier shall assume all responsibilities concerning the Project and shall be held responsible by the County for maintaining consistency with all conditions of approval. The succeeding carrier shall immediately notify the County and provide accurate contact and billing information to the County for remaining compliance work for the life of the facility.

6.

Color compatibility. Prior to the issuance of a Zoning Clearance, the applicant shall erect an onsite demonstration structure of sufficient scale and height to allow the Director to determine that the proposed exterior color is aesthetically compatible with the surrounding area. If the applicant elects not to erect this demonstration structure prior to issuance of the Zoning Clearance, the Director may determine within 30 days of the facility becoming operational that the exterior color is not aesthetically compatible with the surrounding area and require that the exterior color be changed.

F.

Additional findings. In addition to the findings required to be adopted by the review authority in compliance with Section 35.472.060 (Conditional Use Permits), and Section 35.472.190 (Zoning Clearances) in order to approve an application to develop a telecommunication facility, the review authority shall also make the following findings:

1.

The facility is located to minimize its visibility from public view and is designed to blend into the surrounding environment to the greatest extent feasible.

2.

The facility complies with all required development standards unless granted a specific exemption by the review authority as provided in Subsection D (Additional development standards for telecommunication facilities) above.

a.

An exemption to one or more of the required development standards may be granted if the review authority additionally finds that in the specific instance that the granting of the exemption:

(1)

Would not increase the visibility of the facility or decrease public safety, or

(2)

Is required due to technical considerations, or

(3)

Would avoid or reduce the potential for environmental impacts.

3.

The applicant has demonstrated that the facility shall be operated within the frequency range allowed by the FCC and complies with all other applicable safety standards.

G.

Application requirements.

1.

An application for a Conditional Use Permit or Zoning Clearance to permit the development of a commercial telecommunication facility regulated by this Section shall be filed and processed in compliance with Chapter 35.470 (Permit Application Filing and Processing).

a.

If an applicant for a commercial telecommunication facility fails to provide the necessary information requested by the Department to review the application, the application shall expire and be deemed withdrawn, without any further action by the County, in compliance with Section 35.470.050.

2.

The Director is authorized at their discretion to employ on behalf of the County independent technical experts to review technical materials submitted including materials required under this Chapter. Proprietary information disclosed to the County or the hired expert shall remain confidential and shall not be disclosed to a third party.

3.

Design Review. Commercial telecommunication facilities that qualify as Tier 1 improvements or that qualify as Tier 2 improvements that comply with the design standards in Subsections C.2.a.(7) through C.2.a.(9) are exempt from design review. Commercial telecommunication facilities subject to Montecito Planning Commission approval, and facilities that include the construction of a new structure or the remodel of or

addition to an existing structure that is otherwise subject to Design Review, shall be subject to Design Review in compliance with Section 35.472.070 (Design Review).

(Ord. No. 5233, § 1, 2-4-2025)