§ 35.420

This Chapter describes the County's requirements for the approval of proposed development and new land uses. The permit requirements established by this Development Code for specific land uses are in Chapter 35.421 through Chapter 35.428.

Each land use and structure shall be established, constructed, reconstructed, altered, moved, or replaced in compliance with the following requirements.

A.

Allowable use. A proposed land use must be allowed by this Development Code in the zone applied to the site. The basis for determining whether a use is allowable is in Section 35.420.030 (Allowable Development and Planning Permit Requirements).

B.

Permit and approval requirements. Any planning permit or other approval required by Section 35.420.030 (Allowable Development and Planning Permit Requirements) shall be obtained before the issuance of any grading, building, or other construction permit, and before commencing any work pertaining to any development or use or using any land or structure, unless such structure or use is listed in Section 35.420.040 (Exemptions from Planning Permit Requirements).

C.

Development standards, conditions of approval, Comprehensive Plan and Montecito Community Plan requirements. Each land use and structure shall comply with the development standards of this Chapter, the requirements of Division 35.3 through Division 35.7, all other applicable requirements of this Development Code, any applicable conditions imposed by a previously granted planning permit, the Comprehensive Plan and the Montecito Community Plan.

D.

Legal lot. The site of a proposed development or land use shall be one or more lots as defined in this Development Code.

35.420.030 - Allowable Development and Planning Permit Requirements

A.

Allowable land uses. The land uses allowed by this Development Code in each zone and overlay zone are listed in Chapters 35.421 through 35.428, together with the type of planning permit required for each use. Each listed land use type is defined in Division 35.10 (Glossary).

1.

Establishment of an allowable use. Any land use identified by Chapter 35.421 through Chapter 35.428 as being allowable within a specific zone may be established on any lot within that zone, subject to the planning permit requirements of Subsection B (Permit requirements) below and compliance with all applicable requirements of this Development Code, unless the approval and/or issuance of a planning permit is not required in compliance with Section 35.420.040 (Exemptions from Planning Permit Requirements).

2.

Use not listed. A land use not listed in Chapter 35.422 through Chapter 35.428 or not shown in the table of allowable land uses and permit requirements for a particular zone is not allowed, except as otherwise provided in Subsection A.3 (Similar and compatible use may be allowed) below.

3.

Similar and compatible use may be allowed. In the following zones the Montecito Commission may determine that a proposed use not listed in this Division is allowable in compliance with Section 35.472.170 (Use Determinations):

a.

Applicable zones:

(1)

CN (Neighborhood Commercial)

(2)

PU (Public Utilities)

(3)

REC (Recreation)

b.

Applicable standards and permit requirements. When the Montecito Commission determines that a proposed but unlisted use is similar to a listed allowable use, the proposed use will be treated in the same manner as the listed use in determining where it is allowed, what permits are required, and what other standards and requirements of this Development Code apply.

c.

Retail Cannabis Activities. Retail cannabis activities are not allowed in any zone district and shall not be approved through a Use Determination (Section 35.472.170).

B.

Permit requirements. Proposed development and land uses shall comply with the following permit requirements, in addition to the requirements of a Building Permit or other permit required by the County Code.

1.

General planning permit requirements. The allowable land use tables within Chapter 35.422 through Chapter 35.425 provide for land uses that are:

a.

Permitted subject to compliance with all applicable provisions of this Development Code, subject to first obtaining a Land Use Permit (Section 35.472.110). These are shown as "P" uses in the tables;

b.

Allowed subject to the approval of a Conditional Use Permit (Section 35.472.060), and shown as "CUP" uses in the tables;

c.

Permitted subject to compliance with all applicable provisions of this Development Code, subject to first obtaining a Zoning Clearance (Section 35.472.190). These are shown as "ZC" uses in the tables;

d.

Allowed as an exempt use as listed in Section 35.420.040 (Exemptions from Planning Permit Requirements) and shown as "E" uses in the tables;

e.

Allowed subject to the type of County approval required by a specific provision of Chapter 35.442 (Standards for Specific Land Uses), and shown as "S" uses in the tables; and

f.

Not allowed in particular zones and shown as "—" in the tables. Use may be subject to a similar use determination in compliance with Subsection A.3 (Similar and compatible use may be allowed) above.

g.

Where the last column in each table ("Specific Use Regulations") includes a Section number, the referenced Section may affect whether the use requires a Land Use Permit, Development Plan, or Conditional Use Permit, and/or may establish other requirements and standards applicable to the use.

A proposed land use type that is not listed in the tables is not allowed, except as provided by Subsection A.3 (Similar and compatible use may be allowed) above, or if allowed in compliance with Chapter 35.428 (Montecito Overlay Zones), or if allowed in compliance with Division 35.4 (Montecito Standards for Specific Land Uses).

2.

Design Review. Development authorized in compliance with Subsection B.1 (General planning permit requirements) above, may also require Design Review approval in compliance with Section 35.472.070 (Design Review).

The requirements of this Development Code that one or more planning permits (e.g., Land Use Permit, Conditional Use Permit, Development Plan) be obtained prior to proposed development or the establishment of a land use do not apply to the land uses, structures, and activities identified by this Section.

A.

General requirements for exemption. The land uses, structures, and activities identified by Subsection B (Exempt activities and structures) below, are exempt from the planning permit requirements of this Development Code only when:

The use, activity, or structure is established and operated in compliance with the setback requirements, height limits, parking requirements, and all other applicable standards of this Development Code, the required provisions and conditions of any existing, approved permits for the subject lot and, where applicable, Chapter 35.491 (Nonconforming Uses, Structures, and Lots); and

2.

Any permit or approval required by regulations other than this Development Code is obtained (e.g., a Building Permit and/or Grading Permit).

B.

Exempt activities and structures. The following are exempt from all planning permit requirements of this Development Code when in compliance with Subsection A (General requirements for exemption) above.

1.

Animal keeping. Animal keeping when shown as an "E" in Section 35.442.040 (Animal Keeping).

2.

Antennas. Ground or roof mounted receive-only satellite dish or wireless television antenna less than one meter in diameter used solely by the occupants of the property on which the antenna is located for the noncommercial, private reception of communication signals, see Section 35.444.020 (Noncommercial Telecommunications Facilities).

3.

Change of occupancy or use. A change in occupancy or use of an existing structure that complies with all of the following:

a.

The occupancy or use that exists prior to the change is a legal, permitted use of the structure.

b.

The change is from a land use listed as a permitted use in the applicable land use tables within Chapter 35.422 through Chapter 35.425 to the same land use (e.g., from restaurant, café or coffee shop to a restaurant, café or coffee shop).

c.

The new occupancy or use does result in an increase in the number of parking spaces required to be provided on-site.

d.

The new occupancy or use is established and operated in compliance with the setback requirements, height limits, parking requirements, and all other applicable standards of this Development Code, including

any required provisions and conditions of any existing, approved permits for the subject lot.

e.

Any permit or approval required by regulations other than this Development Code is obtained (for example, a Building Permit and/or Grading Permit).

4.

Cultivated agricultural, orchards and vineyards. Cultivated agriculture, orchards and vineyards when shown as an "E" in the Land Use Tables in Chapter 35.422 through Chapter 35.425.

5.

Damaged or destroyed structure. The replacement or restoration of a conforming structure damaged or destroyed by a disaster, as determined by the Director.

a.

The replaced or restored structure shall comply with all requirements of the applicable zone (including permitted uses), shall be for the same use, shall be in the same general footprint location, and shall not exceed the floor area, height, or bulk of the destroyed

structure by more than 10 percent, or 250 square feet, whichever is less. For the purposes of this Subsection B.5, bulk is defined as total interior cubic volume as measured from the exterior surfaces of the structure.

b.

If the structure was damaged or destroyed as a result of a debris flow or other catastrophic event resulting in a significant change in topography or alteration of drainage features (e.g., creeks, streams, waterways, etc.) located on the lot on which the replaced or restored structure would be located, the replaced or restored structure may be relocated on the lot to meet applicable setbacks from top-of-bank and reduce flood hazards, as long as the structure otherwise complies with Subsection 5.a above and with applicable policies of the Comprehensive Plan.

c.

Notwithstanding the height measurement methodology contained in Subsection 35.430.090.C, if the structure was damaged or destroyed as a result of a debris flow or other catastrophic event resulting in a significant change in topography or alteration of drainage features located on the lot on which the replaced or restored structure would be located, the replaced or restored structure may exceed the height of the destroyed or damaged structure (as measured from the post-event grade to peak roof height) by more than 10 percent if necessary to comply with the base flood elevation that exists for the lot after the debris flow or other event. In no case shall the height of the structure, as measured from the lowest, finished floor to the highest part of the structure, excluding chimneys, vents, and noncommercial antennas, exceed the equivalent height of the damaged or destroyed structure by more than 10 percent. The height of the structure, as measured from post-event grade, shall not exceed the height of the applicable zone.

(1)

For the purposes of this Subsection 5.c, post-event grade is defined as the existing grade on the lot at the time of application submittal.

d.

Except as provided in Subsection B.5.d.(1), below, if the Director determines that the exterior design or specifications are proposed to be changed, then the restored or replaced structure shall require Design Review in compliance with Section 35.472.070 (Design Review).

(1)

If a structure has been damaged or destroyed as a result of a debris flow or other catastrophic event resulting in a significant change in topography or alteration of drainage features located on the lot on which the replaced or restored structure would be located, the restored or replaced structure, even if relocated on the lot or increased in height, shall not require Design Review unless the exterior design or specifications of the replaced or restored structure are substantially different from the prior structure(s), as determined by the

Director. If the structure is otherwise exempt from requiring a planning permit but requires Design Review, the structure shall receive preliminary and final design review approval before an exemption is issued.

6.

Demolition. The demolition of a structure less than 50 years old or, if the structure is 50 years old or greater, either the Director or the Historic Landmark Advisory Commission has determined that it is not historically significant.

7.

Electric Vehicle Charging Stations and Hydrogen Fueling Stations. Electric vehicle charging stations and hydrogen-fueling stations that comply with Government Code Section 65850.7.

8.

Fences, gates, gateposts, walls, retaining walls. See Section 35.430.070 (Fences and Walls).

9.

Final or Parcel Map recordation. The recordation of a Final Map or Parcel Map following the approval of a Tentative Map including Vesting Tentative Maps.

10.

Grading. Grading activities that do not require the approval of a Development Plan by the requirements of the applicable zone and grading for which a permit is not required by County Code Chapter 14. The provisions of this Subsection shall not be construed to alter the requirements of County Code Chapter 14.

11.

Grazing. Grazing when shown as an "E" in the Land Use Tables in Chapter 35.422 through Chapter 35.425 and the Animal Keeping Table ( Table 4-1 ) in Section 35.442.040 (Animal Keeping).

12.

Interior alterations. Interior alterations that do not increase the gross floor area within the structure, do not increase the required number of parking spaces, or do not result in a change in the permitted use of the structure.

13.

Irrigation lines. The installation of irrigation lines that do not require a Grading Permit in compliance with County Code Chapter 14.

14.

Lot Line Adjustment recordation. The recordation of documents required to complete a Lot Line Adjustment.

15.

Minor additions and accessory structures.

a.

Accessory structures. One story detached accessory structures used as tool or storage sheds, playhouses, gazebos, pergolas, and similar structures, provided that the height does not exceed 12 feet, the floor area does not exceed 120 square feet, and the structure does not have plumbing or electrical facilities.

b.

Decks, platforms, walks, driveways. Decks, platforms, walks, and driveways that are not required to have a Building Permit or Grading Permit, and that are not over 30 inches above finish grade, or located over a basement or story below.

c.

Door, window features and skylights. Doors, windows, and skylights, and window awnings that are supported by an exterior wall and project no more than 54 inches from an exterior wall of a building.

d.

Spa, hot tub, pond. A spa, hot tub, fish pond, or other water feature that does not exceed a total area of 120 square feet, including related equipment, or does not contain more than 2,000 gallons of water.

16.

Onsite wastewater treatment systems.

a.

Onsite wastewater treatment systems, not including alternative wastewater treatment systems, and the installation and performance testing of drywells for sewage disposal.

b.

The modification, replacement or repair of all or any portion of an existing onsite wastewater treatment system, including alternative wastewater treatment systems, provided that the modification, replacement or repair occurs in substantially the same area as the existing system.

17.

Propane tanks. Propane tanks located in residential and agricultural zones.

18.

Repair and maintenance. Repair and maintenance activities that do not result in addition to, or enlargement or expansion of the object of the repair or maintenance activities.

19.

Replacement in-kind of an existing and conforming structure. The replacement in-kind of an existing permitted and conforming structure provided:

a.

The reconstructed structure shall comply with all requirements of the applicable zone, shall be for the same use, shall be in the same footprint location, and shall not exceed the floor area, height, or bulk of the existing structure. For the purposes of this Subsection B.19, bulk is defined as total interior cubic volume as measured from the exterior surfaces of the structure.

b.

The exterior design or specifications is not proposed to be revised, or, if revisions are proposed, the revisions are determined to be minor by the Director.

c.

The structure is less than 50 years old or, if the structure is 50 years old or greater, either the Director or the Historic Landmark Advisory Commission has determined that it is not historically significant.

20.

Seismic retrofitting. Seismic retrofits to existing structures that are limited to the addition of foundation bolts, hold-downs, lateral bracing at cripple walls and other structural elements required by County Ordinance 4062. The seismic retrofits shall not increase the gross square footage of the structure, involve exterior alterations to the structure, alter the footprint of the structure, nor increase the height of the structure.

21.

Signs. Signs in compliance with Section 35.438.030 (Exemptions).

22.

Solar energy systems. The addition of solar energy systems to the roofs of existing structures and the installation of freestanding solar energy systems in compliance with Section 35.430.160 (Solar Energy Systems).

23.

Structures of limited value. A structure with an aggregate value of less than $2,000, as determined by the Director.

24.

Utility facilities. Poles, wires, underground gas pipelines less than 12 inches in diameter, and similar installations erected, installed, or maintained by a public agency or public service or utility district or company, other than those facilities defined as natural gas telecommunications facilities in compliance with Section 35.444.030 (Telecommunicatiosns Facilities Appurtenant to Natural Gas Distribution Facilities).

25.

Water wells.

a.

The testing and installation of a water well to serve one domestic, commercial, industrial, or recreational connection.

b.

Except in zones requiring Development Plans, water wells for water systems for agricultural purposes.

C.

Exempt accessory dwelling units and junior accessory dwelling units. The development of an accessory dwelling unit or junior accessory dwelling unit is exempt from the planning permit requirements of this Development Code, including the requirements of Section 35.420.040.A (General requirements for exemption), above, Section 35.472.080 (Development Plans), and all sections of this Development Code requiring Final Development Plan approval, when in compliance with Section 35.442.015 (Accessory Dwelling Units and Junior Accessory Dwelling Units). Notwithstanding the foregoing, the gross floor area of any existing or proposed accessory dwelling unit or junior accessory dwelling unit shall be included in the gross floor area calculations for the purpose of processing a Development Plan.

D.

Process. Any determination made by the Director that a use, activity, or structure is exempt from the planning permit requirements of this Development Code in accordance with this Section is final and not subject to appeal.

(Ord. No. 5169, § 1, 11-29-2022; Ord. No. 5193, § 1, 11-7-2023; Ord. No. 5239, § 1, 2-11-2025)

Requirements for establishing a temporary use (e.g., seasonal sales lot, special event, temporary office trailer) are in Section 35.442.180 (Temporary Uses and Trailers).

CHAPTER 35.422 - RESOURCE PROTECTION ZONE