§ 35.26

This Chapter lists the land uses that may be allowed within the Special Purpose zones established by Section 35.14.020 (Zoning Map and Zones), determines the type of planning permit/approval required for each use, and provides basic standards for site layout and building size.

The purposes of the individual Special Purpose zones and the manner in which they are applied are as follows.

A.

MU (Mixed Use) zone. The MU zone is applied to areas that are suited for mixed-use development (i.e., residential, commercial and/or industrial uses) because of their location in relation to existing or planned land uses of adjacent areas and infrastructure improvements such as transportation corridors. The purpose and intent of the MU zone is to:

1.

Create attractive and diverse areas that include a mix of housing, shopping, workplace and entertainment uses and nodes for transportation access that foster a variety of small, entrepreneurial, and flexible residential-based businesses, generate economic and social vitality, and create community gathering spaces, entertainment venues, and pedestrian friendly streetscapes.

Provide flexibility and connectivity in the arrangement and location of residential, commercial and/or industrial development in order to create areas that are accessible, attractive and inviting to pedestrians.

3.

Establish development standards that allow residential, commercial and/or industrial activities to compatibly co-exist and provide a transition between existing, adjacent neighborhoods in order to avoid conflicts between incompatible uses.

4.

Plan for the development of sustainable communities that provide varied housing opportunities and multimodal transportation capabilities.

B.

NTS (Naples Townsite) zone. The NTS zone is established due to unique circumstances particular to the Naples Townsite and is applied to the Naples Townsite in recognition of the Official Map of Naples (hereinafter the "Official Map") adopted by the County on October 2, 1995, and the direction of Coastal Land Use Plan Policy 2-13 for land use at the Naples Townsite. This zone is intended to achieve a balance that provides for low density residential units, public access and recreation opportunities, preservation of the scenic and rural character of the Naples area, and conservation of open space and biological resources, compatible with the surrounding agricultural uses of the Gaviota Coast.

C.

OT (Old Town) zones. The OT zones are applied to establish standards for development and guidelines for architectural continuity in areas with unique historic neighborhood characteristics. The intent is to protect and preserve neighborhood character and the architectural styles that have developed historically in these areas.

1.

OT-R (Old Town - Residential) zone. The OT-R zone allows for one- and multi-family residential uses in areas of unique historic character, and establishes guidelines for architectural continuity, to preserve neighborhood character.

2.

OT-R/LC (Old Town - Residential/Light Commercial) zone. The OT-R/LC zone allows for residential and commercial uses, individually or combined, in areas that contain predominantly one-family dwellings, or that are in close proximity to one-family residential zones, to provide neighborhood-oriented goods and services, and to create a buffer area of low intensity commercial land uses combined with residential uses between areas of strictly residential and general commercial use. The intent is to maintain the existing mixture of residential and commercial uses, and to preserve the character and architectural styles of the neighborhood areas.

3.

OT-R/GC (Old Town - Residential/General Commercial) zone. The OT-R/GC zone allows for residential and commercial uses, individually or combined, especially in older urban areas where an "Old Town" atmosphere is to be maintained, and to provide for local business and commercial needs and services for the community, while maintaining a residential quality in the area. The intent is to maintain a mixture of residential and commercial uses, and to preserve the character and architectural style of the neighborhood areas.

D.

PU (Public Works Utilities and Private Services Facility) zone. The PU zone is applied to areas appropriate for the siting of large scale public works, utilities and private service facilities, provided that the requirements of this zone do not apply to local agencies exempted by Section 35.20.040 (Exemptions from Planning Permit Requirements). The intent is to provide adequate design requirements to ensure that these facilities are compatible with surrounding land uses.

E.

REC (Recreation) zone. The REC zone is applied to provide public or private open space areas appropriate for various forms of outdoor recreation. The intent is to encourage outdoor recreational uses that will

protect and enhance areas with the potential to accommodate both active and passive recreation because of their beauty and natural features. Proposed recreational uses should compliment and be appropriate to the area because of the natural features.

35.26.030 - Special Purpose Zones Allowable Land Uses

A.

General permit requirements. Tables 2-21 and 2-22 (Allowed Land Uses and Permit Requirements for Special Purpose Zones) identify the uses of land allowed by this Development Code in each special purpose zone, and the planning permit required to establish each use, in compliance with Section 35.20.030 (Allowable Development and Planning Permit Requirements).

B.

Requirements for certain specific land uses. Where the last column ("Specific Use Regulations") in Tables 2-2-21 and 2-22 (Allowed Land Uses and Permit Requirements for the Special Purpose Zones) includes a section number, the referenced Section may affect whether the use requires a Land Use Permit, Development Plan, Minor Conditional Use Permit, or Conditional Use Permit and/or may establish other requirements and standards applicable to the use.

C.

Development Plan approval required. Development Plan approval in compliance with Section 35.82.080 (Development Plans) is required as follows:

1.

MU, NTS, PU, and REC zones. Within the MU, NTS, PU, and REC zones, Final Development Plan approval in compliance with Section 35.82.080 (Development Plans) is required prior to any development, including

grading.

2.

OT zones.

a.

OT-R/LC and OT-GC. Final Development Plan approval in compliance with Section 35.82.080 (Development Plans) is required for structures that total 5,000 square feet or more in gross floor area, or developments that total 10,000 square feet or more.

b.

OT-R. Final Development Plan approval in compliance with Section 35.82.080 (Development Plans) is required for all multi-family residential development, including grading.

c.

Lot subject to the Pedestrian Area - Old Town Orcutt (PA-OTO) Overlay Zone. If a lot is subject to Section 35.28.160 (Pedestrian Area - Old Town Orcutt (PA-OTO) Overlay Zone), then the development plan requirements of Section 35.28.160 (Pedestrian Area - Old Town Orcutt (PA-OTO) Overlay Zone) shall apply instead of Subsections 2.a. and 2.b., above.

D.

Accessory uses and structures. Each use allowed by Tables 2-21 and 2-22 (Allowed Land Uses and Permit Requirements for the Special Purpose Zones) may include accessory uses and structures that are customarily incidental to the use, provided that:

1.

Within the MU zone, the assembly, compounding, manufacture or processing of products is allowed in compliance with Section 35.26.050 - MU Zone Additional Standards.

2.

Within the REC zone, accessory structures and uses shall be limited to those required to support the recreational activities (e.g., parking areas, water and sanitary facilities, boat launching facilities, ranger stations and limited concession facilities).

3.

Within the NTS zone, accessory uses and structures shall be limited to those required to support the principal permitted use and do not involve a commercial enterprise on the site.

E.

Design review required. Prior to the approval of a planning permit for a structure, or an addition to or alteration of an existing structure, Design Review approval by the Board of Architectural Review is required

in compliance with Section 35.82.070 (Design Review).

1.

Prior to approving a project located on property zoned MU (Mixed Use) that includes a mix of residential with commercial or industrial uses, the Board of Architectural Review shall find that the design of the project:

a.

Utilizes entries to interior courtyards, building entrances, and public spaces that encourage family and community activities.

b.

Uses architectural styles in association with multifamily units that delineate the separation of units.

c.

Ensures that residential units are interconnected with the streets and courtyards as part of a unified and defined sense of space.

Key to Zone Symbols

Notes:

(1) See Article 35.11 (Glossary) for land use definitions.

(2) Development Plan approval may also be required; see Subsection 35.26.030.C.

(3) Shall not be allowed within easement areas designated as part of an Open Space and Habitat Management Plan in compliance with Section 35.26.060.

(4) On one or more locations or lots under the control of an operator that do not exceed a total area of one acre; if the total area exceeds one acre, then a CUP is required.

Key to Zone Symbols

Notes:

(1) See Article 35.11 (Glossary) for land use definitions.

(2) Development Plan approval may also be required; see Subsection 35.26.030.C.

(3) Only one such facility may be allowed within each project site area covered by an approved Final Development Plan and such facility may only be used by owners and residents of the project area for noncommercial purposes.

(4) Must be conducted within a completely enclosed building.

(5) Use restricted to public coastal access and recreational uses not associated with a commercial onsite operation, commercial lead-tours of the site, or any for-fee or other remuneration recreational activities, except as allowed as part of an equestrian facility, are expressly prohibited.

Key to Zone Symbols

Notes:

(1) See Article 35.11 (Glossary) for land use definitions.

(2) Development Plan approval may also be required; see Subsection 35.26.030.C.

(3) Not allowed in addition to an artist studio.

(4) Use not allowed if the OT designation is OT-LC or OT-GC, and not OT-R/LC or OT-R/GC.

(5) A Zoning Clearance (Section 35.82.210) is required instead of a Land Use Permit for a primary onefamily dwelling on a lot that resulted from recordation of a Final (Tract) Map for which its Tentative Map was approved after January 1, 1990, and was vacant at the time the Final Map was recorded.

Key to Zone Symbols

Notes:

(1) See Article 35.11 (Glossary) for land use definitions.

(2) Development Plan approval may also be required; see Subsection 35.26.030.C.

(3) May include beer brewing and wine making provided (a) the area devoted to beer brewing and wine making, including the area devoted to equipment and storage of materials and supplies, does not exceed 50 percent of the interior floor area of the primary business, and (b) the product is primarily sold for on-site consumption.

(4) Must be conducted within a completely enclosed building.

Key to Zone Symbols

(1) See Article 35.11 (Glossary) for land use definitions.

(2) Development Plan approval may also be required; see Subsection 35.26.030.C.

(3) Use not allowed if the OT designation is OT-LC or OT-GC, and not OT-R/LC or OT-G/LC.

(4) Limited to barber and beauty shops, and shoe sales and/or repair stores.

(5) A change of use to a large or small family day care home, serving children, is exempt from zoning permits. An application to construct a new structure to be used as a large or small family day care home, serving children, is subject to the same standards and permit requirements as a proposal to construct a residential structure in the same zone.

(6) Day care centers serving up to and including fifty (50) children may be permitted with a Land Use Permit in compliance with Section 35.82.110 (Land Use Permits).

Key to Zone Symbols

Notes:

(1) See Article 35.11 (Glossary) for land use definitions.

(2) Development Plan approval may also be required; see Subsection 35.26.030.C.

(3) Use is subject to the standards of the PU zone.

(4) Does not include lines outside the jurisdiction of the County.

(5) Not applicable to facilities constructed by the County.

Table 2-21- Continued E Allowed use, no permit required (Exempt) P Permitted use, Land Use Permit required (2) MCUP Minor Conditional Use Permit required Allowed Land Uses and Permit CUP Conditional Use Permit required Requirements for Special Purpose Zones S Permit determined by Specific Use Regulations

Key to Zone Symbols

Notes:

(1) See Article 35.11 (Glossary) for land use definitions.

(2) Development Plan approval may also be required; see Subsection 35.26.030.C.

Key to Zone Symbols

Notes:

(1) See Article 35.11 (Glossary) for land use definitions.

(2) Development Plan approval may also be required; see Subsection 35.26.030.C.

(3) On one or more locations or lots under the control of an operator that do not exceed a total area of one acre; if the total area exceeds one acre, then a CUP is required.

Key to Zone Symbols

Notes:

(1) See Article 35.11 (Glossary) for land use definitions.

(2) Development Plan approval may also be required; see Subsection 35.26.030.C.

Key to Zone Symbols

Notes:

(1) See Article 35.11 (Glossary) for land use definitions.

(2) Development Plan approval may also be required; see Subsection 35.26.030.C.

Key to Zone Symbols

Notes:

(1) See Article 35.11 (Glossary) for land use definitions.

(2) Development Plan approval may also be required; see Subsection 35.26.030.C.

(3) A change of use to a large or small family day care home, serving children, is exempt from zoning permits. An application to construct a new structure to be used as a large or small family day care home, serving children, is subject to the same standards and permit requirements as a proposal to construct a residential structure in the same zone.

(4) Day care centers serving up to and including fifty (50) children may be permitted with a Land Use Permit in compliance with Section 35.82.110 (Land Use Permits).

S

S 35.57

Wind turbines and wind energy systems

Key to Zone Symbols

Notes:

(1) See Article 35.11 (Glossary) for land use definitions.

(2) Development Plan approval may also be required; see Subsection 35.26.030.C.

(3) Subject to standards of the PU zone.

(4) Does not include lines outside the jurisdiction of the County.

(5) Not applicable to facilities constructed by the County outside of the Coastal Zone.

• (6) May include park and ride facilities.

Key to Zone Symbols

Notes:

(1) See Article 35.11 (Glossary) for land use definitions.

(2) Development Plan approval may also be required; see Subsection 35.26.030.C.

(Ord. No. 5167, §§ 10, 11, 11-29-2022; Ord. No. 5192, § 10, 11-7-2023; Ord. No. 5202, §§ 8, 9, 2-13-2024)

35.26.040 - Special Purpose Zones Development Standards

A.

General standards. Development within the Special Purpose zones shall be designed, constructed and established in compliance with the requirements in Table 2-23 (Special Purpose Zones Development Standards) below, and all applicable standards in Article 35.3 through Article 35.7 of this Development Code.

B.

Community Plan overlay requirements. Section 35.28.210 (Community Plan Overlays) establishes additional requirements and standards that apply to development and uses located in an applicable community or area plan as specified in Section 35.28.210 (Community Plan Overlays).

Table 2-23- Special Purpose Zones Development Standards

Table 2-23- Special Purpose Zones Development Standards (continued)

Table 2-23- Special Purpose Zones Development Standards (continued)

Development Feature Requirement by Zone

Proposed development and new land uses within the MU zone shall comply with the following standards, in addition to those in Section 35.26.040 (Special Purpose Zones Development Standards).

A.

Maximum density requirements. The maximum density for each development on a lot within the MU zone shall be determined on a case-by-case basis by the Commission as part of the review and approval of an application for a Preliminary or Final Development Plan. The Commission shall establish a maximum density based on its consideration of the development standards of the MU zone (landscaping, building coverage, etc.), and the purpose, design, and function of the project within the context of the surrounding neighborhood.

B.

Setback requirements. Setbacks shall be determined on a case-by-case basis by the Commission as part of the review and approval of an application for a Preliminary or Final Development Plan in compliance with the following standards. The following setbacks may be increased or decreased by the Commission as necessary to provide adequate separation and open space both between land uses on the project site and on adjacent lots, and between land uses within the project site.

1.

Lots other than interior lots. The following apply to structures located on lots that are not defined as interior lots.

a.

Front - Primary. None required; however, if provided shall not exceed 10 feet.

b.

Front - Secondary. None required; however, if provided shall not exceed 10 feet.

c.

Side.

(1)

A side setback area having a minimum width of 10 feet shall be provided adjacent to a lot zoned residential as shown in Table 1-1 (Zones).

(2)

If the project site does not abut a lot zoned residential as shown in Table 1-1 (Zones), then a side setback is not required; however, if provided, it shall not exceed a width of 10 feet.

d.

Rear.

(1)

A rear setback area having a minimum width of 25 feet shall be provided adjacent to a lot zoned residential as shown in Table 1-1 (Zones).

(2)

If the project site does not abut a lot zoned residential as shown in Table 1-1 (Zones), then a rear setback is not required; however, if provided, it shall not exceed a width of 10 feet.

2.

Interior lots. The following apply to structures located on lots that are defined as interior lots.

a.

A setback having a minimum width of 25 feet shall be provided adjacent to any lot line that abuts a lot zoned residential as shown in Table 1-1 (Zones).

b.

A setback is not required adjacent to any lot line that abuts a lot that is not zoned residential as shown in Table 1-1 (Zones); however, if provided, it shall not exceed a width of 10 feet.

3.

Parking.

a.

Lots other than interior lots. Parking on lots that are not defined as interior lots shall be located in compliance with the setbacks shown in Table 2-24 (Setbacks for Parking), below.

Table 2-24Setbacks for Parking

Notes:

(1) If the project site abuts a lot zoned residential as shown in Table 1-1 (Zones), a side setback area having a minimum width of 10 feet shall be provided.

(2) If the project site abuts a lot zoned residential as shown in Table 1-1 (Zones), a rear setback area having a minimum width of 25 feet shall be provided.

b.

Interior lots. Parking on lots that are defined as interior lots shall be located:

(1)

Parking shall be located no closer than 25 feet to any lot line that abuts a lot zoned residential as shown in Table 1-1 (Zones).

(2)

A setback from a lot line that abuts a lot that is not zoned residential as shown in Table 1-1 (Zones) is not required; however, if provided, it shall not exceed a width of 10 feet.

4.

Architectural encroachments. Architectural features and signs may intrude into road rights-of-way in compliance with the following provided that an encroachment permit is first obtained from the County Public Works Department.

a.

Balconies, fire escapes, unenclosed porches, and shop front awnings may intrude a maximum of six feet into all rights-of-way and setback areas.

b.

Awnings shall be a minimum of eight feet high above the sidewalk. Above the ground floor, bay windows, chimneys, cantilevered rooms, and eaves may intrude a maximum of three feet into rights-of-way and all setback areas.

C.

Open space and recreation area requirements for projects containing only residential uses.

1.

Open space/yard area.

a.

Common open space. A usable common open space shall be provided. Common open space may include recreational facilities such as picnic areas, swimming pools, tennis courts, etc., but shall not include laundry facilities or other non-recreational uses.

b.

Private open space. A minimum of five percent of the gross floor area of a dwelling unit shall be provided for that dwelling unit.

(1)

Each private open space shall have a minimum six-foot dimension.

(2)

For residences without a ground-level component, usable open space may be provided above-ground.

2.

Recreation. Playgrounds and other recreational areas shall be located to ensure the safety of the residents of the development.

D.

Uses allowed with a Minor Conditional Use Permit or Conditional Use Permit. A use allowed by Table 2-21 (Allowed Land Uses and Permit Requirements for Special Purpose Zones) in the MU zone with a Conditional Use Permit or Minor Conditional Use Permit that is proposed as part of a mixed use project shall not, by reason of its location, construction, manner or timing of operations, signs, lighting, parking arrangements, or other characteristics adversely affect other land uses within or adjoining the development, or create traffic congestion or hazards to vehicular or pedestrian traffic.

E.

Development standards. In addition to the development standards listed in Table 2-23 (Special Purpose Zone Development Standards), above, and elsewhere in Chapter 35.26 (Special Purpose Zones), proposed development within the MU zone shall comply with the following development standards.

1.

Allowed uses and compatibility. Any use allowed in the MU zone may be conducted on the project site in combination with other allowed uses. At the time of Development Plan approval the Commission shall include conditions of approval that address, at a minimum, the following to ensure that nonresidential uses are compatible with any residential use located in the vicinity, including, for live/work units, the residential component of the live/work unit.

a.

Hours of operation, including deliveries.

b.

Odor.

c.

Noise.

d.

Traffic circulation and generation.

e.

Use of hazardous materials.

f.

Lighting.

2.

Minimum lot width for residential use. Development that includes dwelling units shall be located on a lot with a minimum net lot width of 50 feet.

3.

Limitations on bedrooms, floor area and location of dwelling units for mixed-use projects containing dwelling units.

a.

Except for mixed-use projects that qualify as a live/work unit development, the residential component of a mixed-use project shall not exceed two bedrooms per 900 square feet of gross floor area of commercial development on the same lot.

b.

Lots that abut a road having a roadway classification of P2 or 2 Lane Expressway. The following standards apply to the residential component of a mixed-use project on lots that abut a road having a roadway classification of P2 or 2 Lane Expressway on the circulation map for a Community Plan area:

(1)

Dwelling units may be allowed on the ground floor of a building only when:

(a)

The facade of the portion of a building containing the dwelling units does not face a road having a roadway classification of P2 or 2 Lane Expressway.

(b)

The gross floor area devoted to residential uses does not exceed 50 percent of the total gross floor area of the ground floors of each building on the lot.

(2)

Except as allowed in compliance with Subsection E.1.b(2)(a), below, dwelling unit access from a building façade that faces a road having a roadway classification of P2 or 2 Lane Expressway is not allowed.

(a)

Dwelling unit access from a building facade that faces a road having a roadway classification of P2 or 2 Lane Expressway is allowed where the access is to the residential portion of a live/work unit and the access is located within the interior of the ground floor nonresidential area.

Location of commercial and industrial uses. Commercial and industrial uses are allowed on all floors of buildings.

5.

Pedestrian oriented area. Portions of a project site devoted to nonresidential uses shall create a pedestrian oriented area.

6.

Storage. Areas for trash or outdoor storage shall be:

a.

Enclosed and screened to conceal all trash or stored material from public view.

b.

Located to eliminate any negative impacts resulting from sound, visual, safety or odor to the residential portion of the development.

c.

Designed to look pleasing and contribute to the overall ambience of the area.

d.

Constructed in compliance with Section 35.30.170 (Solid Waste and Recycling Storage Facilities.

7.

Utilities. Utilities shall be located so as to not be visible from the public rights-of-way if feasible. Mechanical equipment, including solar energy systems, should not be visible from the street if feasible.

8.

Additional development standards for live/work units. The following development standards apply to live/work units:

a.

Application requirements. In addition to the requirements of Section 35.80.030 (Application Preparation and Filing), an application for a project that includes a live/work unit(s) shall include floor plans that clearly delineate those areas that are devoted to a residential use and those areas that are devoted to a nonresidential use.

b.

Allowed uses. Any nonresidential use allowed in the MU zone may be conducted on the premises of the live/work unit.

c.

Residential area requirements.

(1)

The residential portion shall include cooking space and sanitary facilities that satisfy the provisions of other applicable codes so that the unit may be legally occupied as a dwelling unit.

(2)

The residential portion of the unit shall not occupy more than 50 percent of the gross floor area of the unit. However, in no case shall there be less than 120 square feet of living area exclusive of kitchen, bath, closets and hallways in any live/work unit.

(a)

For the purpose of calculating this 120-square foot requirement, the living room, dining room, family room, sleeping area(s), or other area designated for a similar use of a residential nature shall be deemed as living area.

(b)

All other habitable rooms except kitchens shall have a minimum floor area of 70 square feet.

d.

Nonresidential area requirements.

(1)

There shall be adequate working space reserved for and regularly used by resident owner or employee.

(2)

The nonresidential portion of the unit shall be in compliance with commercial building standards.

(3)

There shall be at least one public entrance that is directly accessible to the nonresidential area, and a visitor utilizing this entrance shall not be required to pass through any residential floor area in order to enter the nonresidential area of the unit.

(4)

The nonresidential activity shall be conducted in compliance with a valid business license associated with the premises.

e.

Location of residential and nonresidential areas and separation of uses.

(1)

The nonresidential portion of the unit shall be located on the ground floor and the residential portion shall be located on the second floor. An entry to the residential portion may be located within the interior of the ground floor nonresidential area.

(2)

The residential and non-residential portions of the unit shall be subject to all applicable separation standards as required by the Building Code.

f.

Limitation on employees. Employees shall be limited to occupants of the residential portion of the units plus up to three persons not residing in the residential portion.

g.

Usable open space requirement. A minimum of 75 square feet of usable open space shall be provided for each live/work unit.

(1)

For residences without a ground-level component, usable open space may be provided above-ground.

h.

Design criteria. Projects including live/work units shall be in compliance with the following design criteria. Prior to approving a project the Board of Architectural Review shall find that the project is in compliance with these criteria.

(1)

The exterior of a new building containing primarily live/work units has a commercial appearance including the use of nonresidential building styles or other techniques.

(2)

The layout of the nonresidential area within the unit provides a functional open area for working activities.

(3)

The floor and site plan for the project includes adequate provision for the delivery of items required for the type of businesses anticipated in the project. This may include:

(a)

Loading areas located near elevators and/or stairs.

(b)

Service elevators designed to carry and move oversized items.

(c)

Stairwells that are wide and/or straight enough to deliver wide items.

(d)

Wide corridors that facilitate the movement of oversized item.

9.

Additional development standards for mixed-use development with commercial and residential uses. The following development standards shall apply to mixed-use development with commercial and residential uses:

a.

Scale and Design. The scale and design of the mixed-use development shall comply with the following standards:

(1)

Maximize compatibility between the mix of uses and with surrounding development.

(2)

Enhance the character and function of the adjacent area.

(3)

Avoid light, noise, odor, and/or air pollution effects on residential uses.

(4)

Limit signage appropriately to achieve attractive designs for both residents of dwelling units and patrons of commercial businesses.

(5)

Incorporate plaza or courtyard materials that create a community space through the use of color and layering as patterns in the landscape and hardscape.

10.

Additional development standards for industrial uses. The following development standards apply to industrial uses:

a.

Allowed use. Industrial uses allowed in the MU zone in compliance with Table 2-21 (Allowed Land Uses and Permit Requirements for Special Purpose Zones) shall be allowed in a live/work unit(s).

b.

Floor area limit. The gross floor area devoted to the industrial use within a live/work unit shall not exceed 200 percent of the gross floor area devoted to the residential use within the same unit.

Development within the NTS zone shall comply with the following standards, in addition to those in Section 35.26.040 (Special Purpose Zones Development Standards).

A.

Design Review required. Any structure exceeding 500 square feet of gross floor area, and any addition to an existing structure where the addition exceeds 500 square feet of gross floor area or any addition to an existing structure that results in a structure exceeding 500 square feet of gross floor area shall require Design Review in compliance with Section 35.82.070 (Design Review).

B.

Minimum lot Size.

1.

Newly created lots and reconfiguration of existing lots shall conform to the approved Development Plan.

2.

No minimum lot size is required; however, structures and site improvements shall be confined to development envelopes and the remaining area of each lot outside of the development envelope shall be restricted to agriculture or open space and protected by permanent easement.

3.

Development envelope, as used herein means and includes the contiguous portion of a lot on which is located all structures and site improvements as shown and designated on the Development Plan.

C.

Setbacks. There are no standard setback requirements. Setbacks shall be designated on the approved Development Plan in order to protect and preserve property values of the site and adjacent properties, ensure compatibility of different uses, avoid nuisances, and advance the general welfare within the Naples Townsite zone.

D.

Siting of structures. The siting of structures shown on the Development Plan shall be based on the following factors: privacy, light and air, solar exposure, building configuration, aesthetics and preservation of public views.

E.

Distance required between structures and designated trails. All structures shall be setback from public trails in compliance with the standards set forth on the adopted Santa Barbara County Parks Recreation and Trails Map (PRT) in effect at the time of approval of the Development Plan (Preliminary or Final). In the absence of an adopted standard, a minimum setback of 35 feet shall be required.

F.

Height limit.

1.

The height limit for structures is 25 feet except as provided below.

a.

Chimneys, church spires, elevator, minor mechanical and stair housings, flag poles, towers, vents, and similar structures which are not used for human activity may be up to 35 feet in height where the excess height is not prohibited by Section 35.28.200 (View Corridor Overlay). The use of towers or similar structures to provide higher ceiling heights for habitable space shall be deemed a use intended for human activity.

b.

Subsection F.1.a., above, shall supersede the height limit exception provided in Section 35.30.090.D.1.

2.

Development shall be subject to the Ridgeline and Hillside Development Guidelines if applicable in compliance with Section 35.62.040.

G.

Open Space and Habitat Management Plan. All areas proposed for open space and resource protection shall be designated as part of the approved Development Plan, along with the mechanism by which the areas proposed for open space and resource protection will be preserved (e.g., fee dedication, easement, etc.). Such areas shall be designated in consideration of resource protection policies and the balancing of land use objectives stipulated in Section 35.26.020.B.

1.

A preliminary Open Space and Habitat Management Plan shall be submitted in conjunction with an application to rezone to the Naples Townsite zone.

Prior to issuance of Land Use Permits in compliance with Section 35.82.110 (Land Use Permits) for any aspect of an approved Final Development Plan, a final Open Space and Habitat Management Plan shall be submitted for review and approval by the Department.

3.

The Open Space and Habitat Management Plan shall provide for the conservation, restoration and enhancement of habitat, and preservation of all designated open space.

4.

The Open Space and Habitat Management Plan shall be prepared by a qualified biologist in collaboration with appropriate specialists, as approved by the Department, and shall include chapters or components that incorporate, as applicable, the following items:

a.

A Habitat Management Program that protects special-status plants and wildlife, the integrity of wildlife foraging and movement habitat, and the existing quality of habitats in the project area.

b.

A Fuel Management Program that balances public safety with resource protection by maintaining adequate grassland buffers between structures and scrub and oak woodland habitats.

c.

A Resident and Public Use Management and Resource Education Program that regulates resident and public access, protects biological resources in designated open space areas and educates property owners on resource management.

d.

A Habitat Continuity Program that preserves and enhances habitat so that wildlife movement through designated open space areas may be allowed to continue with a minimum of disruption.

e.

A Non-Native Wildlife Control Program that controls brown-headed cowbirds and European starlings which are attracted, in particular, to livestock areas.

f.

A Monarch Butterfly Roost Protection Program that safeguards monarch butterflies from development activities and subsequent use of open spaces, including the bluffs near the ocean.

g.

A Construction Management Program that details best management practices to minimize potential soil erosion during construction and demonstrates that surface runoff from hardscapes and access roads will

not increase the potential for soil erosion.

h.

An Agricultural Management Program that prohibits row-crop agriculture (e.g., orchards, vineyards, etc.) within all designated open space areas containing grassland, coastal scrub, chaparral, oak woodland, wetland or eucalyptus woodland habitats.

5.

The topical areas and specificity of the Open Space and Habitat Management Plan shall be appropriate to the environmental setting of the property and the final content shall be determined in connection with the environmental review process for the project.

6.

The Open Space and Habitat Management Plan shall identify the location of easements on all project parcels where lands are to be protected and/or enhanced. All allowable and unallowable uses and activities within each easement shall be described in the Open Space and Habitat Management Plan.

7.

The Open Space and Habitat Management Plan shall identify the specific third party conservation organization (e.g., Land Trust or other organization), among whose purposes it is to conserve open space and/or natural resources of the conservation easement, provided that:

a.

The organization is a bona fide conservation organization; and

b.

Provisions for proper reverter or retransfer to another bona fide conservation organization are made in the event that organization becomes unwilling or unable to continue carrying out its functions.

In the event a third party conservation organization is unavailable to accept the easement and implement the Open Space and Habitat Management Plan, the County shall identify an alternative appropriate entity. If the replacement organization cannot demonstrate expertise in natural resource management and conservation, such organization, as a condition of its selection, shall employ a qualified biologist, as approved by the Department, to monitor implementation of the Open Space and Habitat Management Plan.

8.

Through implementation of the Open Space and Habitat Management Plan, the third party conservation organization shall assure that the open space will be protected in perpetuity from all forms of development, except as shown on the approved Development Plan.

H.

Visual development standards.

Visual analysis.

a.

No permits for development shall be issued without project-specific visual analysis that uses story poles, photo-simulation or other comparable visualization techniques, to analyze the height, scale and character of proposed structures as seen from prominent public viewing areas.

b.

The visual analysis shall be performed and submitted as part of the Development Plan in conjunction with an application to rezone to the Naples Townsite zone and shall be used to demonstrate consistency with relevant visual resource policies of the Comprehensive Plan.

c.

Prominent public viewing areas, as used in this Subsection, means and includes vantage points readily accessible to the general public which provide the greatest opportunity for viewing natural features of the project area taking into account physical topography, foreground obstructions, proximity to the project site, viewing duration, number of viewers and similar considerations that limit visibility of the proposed development. Areas that are determined to constitute prominent public viewing areas shall be graphically depicted in the visual analyses.

2.

Lighting.

a.

All lighting shall be energy conserving and follow night sky lighting practices, generally conforming to the standards and recommendations of the International Dark-Sky Association and the Illuminating Engineering Society of North America. All exterior lighting installations shall be:

(1)

Designed and installed to be fully shielded (full cutoff) such that the lamp itself or the lamp image is not directly visible beyond the area of illumination.

(2)

Located and designed so as to avoid creating off-site glare, light spillover onto adjacent properties, or upward illumination into the night sky.

(3)

Of low intensity and low glare design.

(4)

Utilize motion, light and time sensors that minimize the duration of use.

b.

All light poles, fixtures, and hoods shall be constructed or coated with a non-reflective exterior finish.

c.

No uplighting of landscape or structures shall be allowed and exterior lighting of driveways, roads and parking areas shall be the minimum necessary to provide safety and security.

d.

A schematic lighting concept shall be submitted as part of the Development Plan in conjunction with an application to rezone to the Naples Townsite zone.

e.

[Reserved.]

f.

Prior to the issuance of Land Use Permits in compliance with Section 35.82.110 (Land Use Permits) for any aspect of an approved Final Development Plan, final lighting details shall be submitted for review and approval by the Board of Architectural Review in compliance with Section 35.82.070 (Design Review).

3.

Roads, driveways, and parking areas.

a.

All roads, driveways and parking areas (private as well as public) shall be sited so as to avoid, where feasible, their visibility from public viewing areas (e.g., public roads, trails and the ocean) including, where possible, the consolidation and sharing of common access.

b.

If paved surfaces cannot feasibly be located outside the public viewshed due to geologic, topographic or biological constraints, only surface materials that are designed to be compatible and not detract from the rural character of the Gaviota Coast shall be allowed.

c.

Such design techniques should include use of stamped and colorized concrete and paving with locallyoccurring earth-tone colors.

d.

A schematic hardscape concept shall be submitted as part of the Development Plan in conjunction with an application to rezone to the Naples Townsite zone.

e.

Prior to the issuance of Land Use Permits in compliance with Section 35.82.110 (Land Use Permits) for any aspect of an approved Final Development Plan, surface materials for all paved surfaces shall be submitted for review and approval by the Board of Architectural Review in compliance with Section 35.82.070 (Design Review).

4.

Undergrounding of utility services. All new utility service shall be underground.

5.

Preservation of existing features. Existing features that serve to blend, obscure or otherwise substantially diminish visibility of proposed structures, as well as new features which serve as mitigation to accomplish the same outcome, shall be maintained in a continuous state of good condition and repair. Existing vegetation that serves to screen the proposed development shall not be altered in any manner that would increase the visibility of the development except where:

a.

Such alteration is specifically allowed by the approved Development Plan.

b.

Such alteration is performed under the direction of a licensed arborist

c.

Such alteration, if it involves tree removal, is determined necessary and appropriate by a licensed arborist for reasons of disease, death or similar circumstance.

In addition, any trees or significant vegetation (whether existing at time of development or added as a condition of approval) which are integral to demonstrating consistency with relevant visual resource policies of the Comprehensive Plan, and which subsequently die, shall be replaced with trees and vegetation of a comparable size, species and density that shall achieve the same or comparable visual effect within a reasonable period of time as determined by the Board of Architectural Review.

6.

Preservation and maintenance of trees and vegetation on adjacent property.

a.

Preservation and maintenance of trees and vegetation on adjacent property, owned by parties other than the applicant, that serve to blend, obscure or substantially diminish visibility of proposed structures on the applicant's property shall be the applicant's responsibility. Alternatively, the applicant shall create a comparable hedgerow on its property with trees and vegetation of a comparable size, species and density that shall, within five years, achieve the same or comparable visual effect that is presently served by trees and vegetation on adjacent property.

b.

Prior to issuance of Land Use Permits in compliance with Section 35.82.110 (Land Use Permits) for any aspect of an approved Final Development Plan, a Vegetative Hedgerow Plan shall be submitted for review and approval by the Department. The Vegetative Hedgerow Plan shall:

(1)

Identify off-site trees and vegetation that are integral to the project.

(2)

Specify the mechanism and arrangements by which to assure that off-site trees and vegetation are maintained in a continuous state of good condition and repair, in compliance with the standards set forth in Subsection H.6. above.

(3)

Provide a planting plan with appropriate security to create a comparable hedgerow on the site the proposed development.

7.

Fencing.

a.

Goals. Exterior fencing shall affirmatively further the following overarching goals:

(1)

Reflect the rural character of the Gaviota Coast.

(2)

Be permeable and not impair public views nor the passage of light, air or native wildlife.

(3)

Avoid the appearance of property fragmentation (e.g., use of rocks or similar low-profile materials to demark property lines).

b.

Schematic fencing concept. A schematic fencing concept shall be submitted as part of the Development Plan in conjunction with an application to rezone to the Naples Townsite zone. This schematic fencing concept shall affirmatively further the goals listed in Subsection H.8.a., above, and shall:

(1)

Depict typical fencing details for individual lots and development envelopes.

(2)

Identify all of the following:

(a)

Perimeter and common area fencing property line delineation.

(b)

Separation between private and public open space easement areas.

(c)

Separation for agricultural areas, and where applicable, at or within development envelopes.

c.

Fencing plan standards. The fencing plan shall be in compliance with the following standards:

(1)

Fencing outside of the development envelope of individual lots shall be constructed with appropriate materials such as unpainted split rail, low stone wall or wire consistent with the rural and agrarian character of the land.

(2)

Where fencing would separate an agricultural area from an Open Space and Habitat Management Plan easement area, said fencing shall use material or devices that are not injurious of wildlife; barb wire fences are expressly prohibited.

(3)

Fencing within the development envelope of individual lots may employ solid materials, consistent and complimentary with the architectural character of the building design, not to exceed a maximum height of six feet. Fencing at or within the development envelope may be designed to restrict wildlife passage.

8.

Roadways and drainage.

a.

Roads and driveways shall be kept to a minimum width and length, and shared where possible.

b.

Roads and driveways shall utilize permeable features (e.g., natural inlaid rock-lined gutters, etc.) to improve natural filtration or otherwise direct sheet flows to bioswales, subject to County Fire Department access

roadway requirements. Private lot parking areas or auto courts are permitted to be constructed of impermeable surfaces, subject to the limitations in this Section.

c.

All paved surfaces shall be designed so as to divert surface water to bioswales, French drains or other appropriate drainage devices to avoid, where feasible, surface run off into creeks and the ocean.

d.

Grading for roads and driveways shall be minimized.

9.

Landscaping.

a.

Landscaping shall be utilized to visually integrate development with the rural character of the Gaviota Coast. A schematic landscape concept shall be submitted as part of the Development Plan in conjunction with an application to rezone to the Naples Townsite zone which:

(1)

Depicts typical planting details for individual lots and development envelopes.

(2)

Identifies all perimeter and common area landscaping.

b.

Prior to issuance of a Land Use Permit in compliance with Section 35.82.110 for any aspect of an approved Final Development Plan, landscape and irrigation plans shall be prepared by a botanist, licensed landscape contractor or California registered landscape architect and shall be submitted for review and approval by the Board of Architectural Review in compliance with Section 35.82.070 (Design Review). The landscape and irrigation plans shall incorporate at a minimum the following features:

(1)

Water conserving irrigation and drought-tolerant native species, consistent with existing vegetation located along the Gaviota Coast.

(2)

Selection of vegetation on the basis of screening capabilities, non-invasive character, rate of growth, and compatibility with existing on-site vegetation (if any).

(3)

The type, size and density of new plant material shall be sufficient, within five years, to reasonably screen or otherwise blend the development into its natural setting.

(4)

Retention of existing vegetation for their screening and visual character.

(5)

Newly planted non-native landscaping shall not be visually obtrusive to public views (e.g., large, non-native palm trees, etc.) or detract from the rural character of the Gaviota coast.

(6)

Implementation of an Integrated Pest Management Plan that avoids or minimizes use of biodegradable pesticides and herbicides.

Proposed development and new land uses within the OT zone shall comply with the following standards, in addition to those in Section 35.26.040 (Special Purpose Zones Development Standards).

A.

Maximum lot size and density. The number of dwelling units on a lot containing only residential uses shall not exceed the maximum specified by Table 2-25 (OT Zone Maximum Density) for each OT zoning designation shown in Table 2-25 (OT Zone Maximum Density). (Note: the Zoning Map symbol shown in Table 2-25 (OT Zone Maximum Density) is appended to the OT-R/LC, OT-GC, or OT-R symbol on the Zoning Map, as applicable.)

B.

Design Review required. Prior to the issuance of any Land Use Permit for a structure, all plans for new or altered structures shall be subject to Design Review in compliance with Section 35.82.070 (Design Review) only if required in compliance with Section 35.28.160 (Pedestrian Area - Old Town Orcutt Overlay Zone).

Table 2-25- OT Zone Maximum Density

C.

Public improvement requirements. The Road Division of the Public Works Department shall review all plans for new or altered structures for frontage improvement conditions prior to the issuance of a Land Use Permit. As a condition of Land Use Permit issuance, the owner or their agent shall dedicate rights-of-way and engineer and construct street pavement, curbs, gutters, and sidewalks on the street frontage of the property that are determined by the Department of Public Works to be reasonably related to the proposed use of the property. See Section 35.28.160 (Pedestrian Area - Old Town Orcutt Overlay Zone) for additional vehicle access standards for lots within the PA-OTO overlay.

D.

Noise standards. The volume of sound generated by any use on property within the OT-R/GC and OT-R/LC zones shall not exceed 65 dB Ldn at any point beyond the property boundary upon which the use is located.

E.

Open space. The following standards apply within the OT-R zone.

1.

Minimum area. A minimum of 40 percent of the net site area shall be reserved for the life of the project as common open space.

2.

Title to open space area. Title to the common open space shall be held by a non-profit association of homeowners or by any other individual or entity on reasonable terms and conditions as the Board may prescribe, which may include conveying to the County the rights to develop the property with anything except open space or noncommercial recreation.

F.

Condominiums, stock cooperatives, community apartments. The review authority may apply the following standards as conditions of approval of a condominium, stock cooperative, or community apartment.

1.

Laundry facilities.

a.

General requirement. Each dwelling unit shall be provided separate laundry facilities. Sufficient space, utility connections, and vents to allow for the installation of a clothes washer and dryer in each unit or in a garage, not to encroach upon parking, shall be shown on the Final Development Plan.

b.

Affordable housing project. For affordable housing overlay projects or housing developments that provide a minimum of 50 percent of the housing units at the required affordable income levels, the laundry facilities may be provided in a common area within the development. A minimum of one standard capacity size washer and dryer shall be provided for every four dwelling units contained within the same structure.

2.

Open space.

a.

Common. Common open space and recreation areas shall be designed to provide access for the handicapped.

b.

Private. Each dwelling unit shall include a private outdoor patio area in the form of ground level patios or upper story balconies. Private patios shall not be less than 20 percent of the gross floor area of the dwelling unit. If the required patio area is less than 200 square feet, then this requirement shall be satisfied by providing only one patio or balcony for the dwelling unit.

3.

Storage space. Each dwelling unit shall be provided with at least 180 cubic feet of weatherproofed, enclosed, lockable, and easily accessible storage space on site in addition to the storage space of closets, cabinets, and pantry contained within the dwelling units.

4.

Utility metering. Individual metering for utilities shall be provided for each unit, unless the metering would be in conflict with an innovative energy efficient or resource conserving utility system designed for the project.

Proposed development and new land uses within the PU zone shall comply with the following standards, in addition to those in Section 35.26.040 (Special Purpose Zones Development Standards).

A.

Noise. The volume of sound, measured during calm air conditions, inherently and recurrently generated by or resulting from any use, other than motor vehicles, operated on any lot shall not exceed 70 decibels at any point along the boundary of or outside of the lot upon which such use is located.

B.

Odors, fumes, gasses, liquids, heat, glare, radiation. No offensive odors or fumes, noxious gases or liquids, heat, glare, or radiation generated by or resulting from any use, other than motor vehicles or lighting fixtures, operated on any lot shall be detectable at any point along the boundary of or outside of the lot upon which such use is located.

C.

Outdoor storage. Open storage of equipment and materials shall be permitted only in areas screened from view of surrounding lots.

D.

Public health, safety, and welfare. All activities shall be conducted in such a manner so as not to be injurious to the health, safety, or welfare of persons residing or working in the neighborhood by reason of danger to life or property.

E.

Smoke or dust. Except for the heating of buildings there shall be no smoke or dust generated by or resulting from any use, other than motor vehicles located upon the lot.

F.

Vibration. The ground vibration inherently and recurrently generated by or resulting from any use, other than motor vehicles, operated on any lot shall not be perceptible without instruments at any point along the boundary of or outside of the lot upon which such use is located.

Proposed development and new land uses within the REC zone shall comply with the following standards, in addition to those in Section 35.26.040 (Special Purpose Zones Development Standards).

A.

Limitation on lodging occupancy. To ensure the recreational, rather than residential use of overnight accommodations, the maximum period for individual occupancy of overnight accommodations shall be 30 days.

CHAPTER 35.28 - OVERLAY ZONES