§ 35.452

This Chapter describes the County's requirements for development on sloping lots and ridgeline sites.

The requirements of this Section apply except where specifically stated otherwise.

35.452.040 - Ridgeline and Hillside Development Guidelines

The following standards are applicable.

A.

Purpose and intent. This Chapter provides for the visual protection of the Montecito's ridgelines and hillsides by requiring that the Montecito Board of Architectural Review evaluate each proposed structure within the areas identified in Subsection B (Applicability) below, in terms of the guidelines in Subsection C (Development guidelines) below. The intent of this Section is to encourage architectural designs and landscaping that conform to the natural topography on hillsides and ridgelines.

B.

Applicability. Each structure proposed where there is a 16-foot drop in elevation within 100 feet in any direction from the proposed building footprint shall be subject to Design Review in compliance with Section 35.472.070 (Design Review) for conformity with the development guidelines in Subsection C (Development guidelines) below.

1.

Exempt structures. The following structures are exempt from these guidelines.

a.

Windmills and water tanks for agricultural purposes.

b.

Poles, towers, antennas, and related facilities of public utilities used to provide electrical, communications, or similar services.

2.

Exemptions allowed by Montecito Board of Architectural Review. The Montecito Board of Architectural Review may exempt a new structure or an alteration to an existing structure from compliance with these guidelines, in compliance with Section 35.472.070 (Design Review) provided that in their review of the structure they find that one or more of the following situations applies to the proposed development:

a.

Due to unusual circumstances, strict adherence to these guidelines would inordinately restrict the building footprint or height below the average enjoyed by the neighborhood. For example, significant existing vegetation, lot configuration, topography or unusual geologic features may necessitate exceeding the height limit in order to build a dwelling comparable to other structures in the neighborhood.

b.

In certain circumstances, allowing greater flexibility in the guidelines will better serve the interests of good design without negatively affecting neighborhood compatibility or the surrounding viewshed.

3.

Exemptions allowed by the Director. The Director may exempt a new structure or an alteration to an existing structure from compliance with these guidelines if the Director determines that the proposed site is on or adjacent to a minor topographic variation (e.g., gully) such that the 16-foot drop in elevation is not the result of a true ridgeline or hillside condition.

C.

Development guidelines. Ridgeline and hillside development shall comply with the following guidelines as specified in Subsection C.1 (Guidelines - Application and interpretation) except where a project is exempted from the guidelines in compliance with Subsection B (Applicability) above.

1.

Guidelines - Application and interpretation. The Montecito Board of Architectural Review shall have the discretion to interpret and apply the following guidelines.

a.

Urban areas. The following guidelines apply within Urban areas as designated on the Comprehensive Plan maps.

(1)

The height of a structure should not exceed 25 feet wherever there is a 16-foot drop in elevation within 100 feet of the proposed structure's location.

(2)

Proposed structures should be in character with adjacent structures.

(3)

Large understories and exposed retaining walls should be minimized.

(4)

Landscaping should be compatible with the character of the surroundings and the architectural style of the structure.

(5)

Development on ridgelines shall be discouraged if suitable alternative locations are available on the lot.

b.

Rural areas. The following guidelines apply within Rural areas as designated on the Comprehensive Plan maps.

(1)

The height of any structure should not exceed 16 feet wherever there is a 16-foot drop in elevation within 100 feet of the proposed structure's location.

(2)

Building rake and ridge line should conform to or reflect the surrounding terrain.

(3)

Materials and colors should be compatible with the character of the terrain and natural surroundings of the site.

(4)

Large, visually unbroken and/or exposed retaining walls should be minimized.

(5)

Landscaping should be used to integrate the structure into the hillside, and shall be compatible with the adjacent vegetation.

(6)

Grading shall be minimized, in compliance with the Comprehensive Plan.

(7)

Development on ridgelines shall be discouraged if suitable alternative locations are available on the lot.

CHAPTER 35.454 - MONTECITO TRANSFER OF DEVELOPMENT RIGHTS

35.454.010 - Program Purpose and Intent, Description and Goals

A.

Purpose and intent. The provisions of this Chapter implement the Transfer of Development Rights program. The intent of this program is to transfer development potential from eligible Naples lots to eligible receiving sites along the South Coast of Santa Barbara County in furtherance of Coastal Land Use Plan Policy 2-13. The overriding purpose is to extinguish the rights to develop Naples lots determined to have the greatest public benefit by the Board.

B.

Description.

1.

The Transfer of Development Rights program is a market-driven program involving willing sellers and willing buyers. Landowners are not obligated to use the program but may participate voluntarily. The Transfer of Development Rights program allows eligible sending site (lots targeted for preservation) landowners to sever the development right(s), as defined in this Chapter, from rights associated with land ownership. Sending site landowners that choose to participate in the program are compensated at fair market value for the lost development potential through market sales of those development rights. Once the development rights are sold, the land is protected from future development in perpetuity through conservation

evelopment right(s), as defined in this Chapter, from rights associated with land ownership. Sending site landowners that choose to participate in the program are compensated at fair market value for the lost development potential through market sales of those development rights. Once the development rights are sold, the land is protected from future development in perpetuity through conservation

easements. Sending site landowners are incentivized to participate since they can forego the lengthy and often costly development approval and building process yet receive payments commensurate with the realized profits of their property built to its highest and best use.

2.

Eligible receiving sites (lots to accommodate development) in the unincorporated areas of the County may be developed at higher densities than otherwise allowed under current zoning with requisite purchases of

"density credits." So called receiving site developers are incentivized to participate since they are able to realize greater profits through enhanced entitlements.

3.

Participating Entities that adopt plans and ordinances to allow for increased density on receiving sites may opt to participate in the County's Transfer of Development Rights program through legally binding interjurisdictional agreements.

C.

Goals.

1.

The primary goal of the Transfer of Development Rights program shall be to transfer the maximum number of development rights from Naples lots that serve one or a combination of the following objectives onto properties more suitable for development that lie within Urban areas designated on the Comprehensive Plan maps that are located within the South Coast and provide for the:

a.

Preservation of Naples lots most visible from Highway 101.

b.

Preservation of Naples lots located within the Coastal Zone.

c.

Preservation of Naples lots located on or adjacent to a coastal bluff.

d.

Preservation of Naples lots located on prime agricultural land.

e.

Preservation of Naples lots within or near environmentally sensitive habitat areas.

f.

Preservation of Naples lots within or near culturally or archaeologically sensitive areas.

g.

Preservation of Naples lots for other conservation purposes as the Board may direct, upon a recommendation of the Montecito Commission.

The preservation objectives appearing in Subsection 35.454.010.C.1. are listed without regard to order of priority. For funds derived from the purchase of transferable development credits, the Board, upon a recommendation from the Montecito Commission, shall designate and prioritize transfers by Resolution at such intervals as it may so determine is appropriate in relation to funds available to effectuate transfers. For all other funds deposited with the TDR Authority pursuant to Section 35.454.090, priorities may be designated by the contributor (e.g., Participating Entity, private donor, etc.); if priorities are not so established by the contributor, the priorities established by Board Resolution shall apply.