§ 35.430

This Division expands upon the standards of Division 35.2 (Montecito Zones and Allowable Land Uses) by addressing the details of site planning and project design. These standards are intended to ensure that development:

A.

Produces an environment of stable and desirable character;

B.

Is compatible with existing and future development; and

C.

Protects the use and enjoyment of neighboring properties, consistent with the Comprehensive Plan, including the Montecito Community Plan.

The requirements of this Chapter shall apply to all proposed development and new land uses, except as specified in Chapter 35.491 (Nonconforming Uses, Structures, and Lots), and shall be considered in combination with the standards for the applicable zone in Division 35.2 (Montecito Zones and Allowable Land Uses), and those in Division 35.4 (Montecito Standards for Specific Land Uses). If there is a conflict, the standards in Division 35.4 (Montecito Standards for Specific Land Uses) shall control.

A.

Purpose and intent. The purpose of agricultural buffers is to implement adopted Comprehensive Plan policies that assure and enhance the continuation of agriculture as a major viable production industry in Santa Barbara County through establishing development standards that provide for the creation of buffers between agricultural uses and new non-agricultural development and uses. The intent of agricultural buffers is to minimize potential conflicts between agricultural and adjacent land uses that result from noise, dust, light, and odor incidental to normal agricultural operations as well as potential conflicts originating from residential and other non-agricultural uses (e.g., domestic pets, insect pests and invasive weeds).

B.

Applicability. This Section applies to all non-agricultural discretionary development and use applications (project) which satisfy all of the following criteria:

1.

The project site is located within an Urban Area as designated on the Comprehensive Plan maps.

2.

The project site is located immediately adjacent to land that is:

a.

Located in a Rural Area as designated on the Comprehensive Plan maps, and

(1)

Has an agricultural zone designation as identified in Section 35.404.020 (Zoning Map and Zones) or Article V of Ordinance No. 661, excluding state or federally owned land, or

(2)

Is subject to a contract executed in accordance with the County Uniform Rules for Agricultural Preserves and Farmland Security Zones.

C.

Exceptions. This Section does not apply to the following:

1.

One-family dwellings, accessory dwelling units, junior accessory dwelling units, and residential accessory structures.

2.

Farmworker housing allowed in compliance with Section 35.442.105 (Farmworker Housing).

3.

Non-agricultural, discretionary development approved prior to May 9, 2013.

4.

Changes to a non-agricultural, discretionary project approved prior to May 9, 2013, provided that prior to an action by the review authority to approve an application in compliance with Subsection 35.474.040.C or D the review authority shall first determine that the changes to the project proposed by the application do not result in any new or greater impacts to agriculture than those resulting from the already approved project.

a.

If the review authority cannot make the determination required in compliance with Subsection C.4, above, then the project shall be subject to the provisions of this Section.

5.

Non-commercial agricultural uses. An agricultural buffer is not required adjacent to a common lot line between the project site and an adjacent agriculturally zoned lot if the adjacent lot is used for noncommercial agriculture.

6.

State and County roadway projects.

7.

Lot line adjustments and modifications to lot line adjustments that:

a.

Do not exceed a 10 percent increase or decrease in the area of the smallest existing lot; and

b.

Do not result in an increase in the number of developable lots in compliance with Subsection 35.430.110.B.3.c.

D.

Agricultural buffer requirements. All applications subject to this Section shall designate and maintain an agricultural buffer on the project site in compliance with this Section.

1.

Agricultural buffer width. The width of the agricultural buffer shall be in compliance with the range of agricultural buffer widths as shown in the following Table 3-1 (Range of Agricultural Buffer Widths). Ranges are provided because unique circumstances may require the buffer width to be adjusted; however, the agricultural buffer width as adjusted shall neither be less than the minimum buffer width nor greater than the maximum buffer width shown in the following Table 3-1 (Range of Agricultural Buffer Widths). If the

proposed project is located adjacent to a lot that contains both Production Agriculture and Rangeland or Pastureland, then the most protective buffer:

a.

Shall be applied adjacent to any portion of the common lot line between the project site and the adjacent agriculturally zoned lot where Production Agriculture is immediately adjacent; and,

b.

May be applied to any portion of the common lot line between the project site and the adjacent agriculturally zoned lot where Production Agriculture is not immediately adjacent, if Production Agriculture is located on the adjacent lot within the distance, as measured from the common lot line, that is equal to the width of the required buffer that would otherwise be applicable to the project site.

Refer to Section II.C. (Agricultural Buffer Width Adjustment) of the Agricultural Buffer Implementation Guidelines (Appendix E) for guidance.

Table 3-1- Range of Agricultural Buffer Widths

2.

Agricultural buffer location. The agricultural buffer shall be located:

a.

On the lot on which the non-agricultural project is proposed.

b.

Adjacent to the common lot line between the project site and the adjacent agriculturally zoned lot.

3.

Agricultural buffer width measurement. The agricultural buffer width shall be measured from the common lot line between the project site and the adjacent agriculturally zoned lot. The agricultural buffer shall be coterminous with the length of the said common lot line.

4.

Agricultural buffer width adjustment. The following factors shall be considered when determining the agricultural buffer width in compliance with Subsection D.1 (Agricultural Buffer Width), above. See the Agricultural Buffer Implementation Guidelines (Appendix E) for guidance in determining the appropriate agricultural buffer width.

a.

Site specific factors. The following factors shall be considered when determining the agricultural buffer width:

(1)

Crop type/agricultural practices.

(2)

Elevation differences and topography.

(3)

Extent and location of existing non-agricultural development.

(4)

Location of existing roads or naturally occurring barriers.

(5)

Historical land use on the agricultural lot.

(6)

Future farming potential of the agricultural lot.

(7)

Site design of the non-agricultural proposal.

(8)

Non-agricultural lot size/configuration.

(9)

Prevailing wind direction.

b.

Vegetative screening adjacent to production agriculture. Vegetative screening may be used to offset an increase in the buffer width for projects adjacent to Production Agriculture, as it may be adjusted in compliance with Subsection D.4.a (Site-specific factors). See Subsection F.3 for vegetative screening criteria and the Agricultural Buffer Implementation Guidelines (Appendix E) for guidance.

c.

Constrained agricultural areas. If the adjacent lot is used for production agriculture and contains land areas that are constrained by physical features or easements such that those land areas cannot be used for agriculture, then the agricultural buffer width may be reduced on the project site by an amount equal to the width of the constrained land area located on the adjacent agricultural lot, provided:

(1)

The physical feature is permanently part of the landscape (e.g., a protected riparian area, or rock outcropping); and

(2)

The physical feature or easement precludes any kind of agricultural use and be located adjacent to the non-agricultural project site.

5.

Comprehensive Plan consistency. Where Comprehensive Plan policies and this Section both address agricultural buffer requirements, the most protective agricultural buffer requirement shall prevail.

6.

Reasonable use. This Section is not intended, and shall not be construed as authorizing the review authority acting in compliance with this Section to exercise their power to grant or deny a permit in a manner which will take or damage private property for public use, without the payment of just compensation therefore. This section is not intended to increase or decrease the rights of any owner of

property under the Constitution of the State of California or the United States or under this Development Code.

7.

Buffer recordation.

a.

Notice to Property Owner required. Prior to the approval of a Land Use Permit in compliance with Section 35.472.110 (Land Use Permits) or a Zoning Clearance in compliance with Section 35.472.190 (Zoning Clearances) following the approval of a discretionary planning permit, a Notice to Property Owner shall be required to be recorded by the property owner that will provide notification to all future owners and successors of the restrictions of this Section 35.430.025. Said Notice shall include:

(1)

An exhibit showing the location of the agricultural buffer by metes and bounds description or surveyor's description.

(2)

The uses that are allowed within the agricultural buffer in compliance with Subsection 35.430.025.E (Allowable uses within agricultural buffers).

(3)

The Landscape, Lighting and Irrigation Plan in compliance with Subsection 35.430.025.F (Agricultural buffer Landscape, Lighting and Irrigation Plan requirements).

(4)

The Maintenance Plan in compliance with Subsection 35.430.025.G (Agricultural buffer maintenance requirements).

b.

The requirement to record said Notice in compliance with this Subsection D.7 shall be included as a condition of approval of an application for a discretionary planning permit subject to this Section.

E.

Allowable uses within agricultural buffers. The property owner shall use his best efforts to consult with the adjacent agricultural land owner(s) to address food safety and agricultural production concerns with regard to landscape, lighting, and vegetative screening design and siting. See the Agricultural Buffer Implementation Guidelines (Appendix E) for information on the purpose and intent of restricting uses within the agricultural buffers and how to incorporate site design and other features that are compatible with agriculture.

Unrestricted uses within agricultural buffers. Subject to other provisions of this Section, or other provisions of the County Code, the following uses may be allowed within a designated agricultural buffer:

a.

Drainage channels, irrigation canals, storm water retention basins and Low Impact Development (LID) drainage features.

b.

Fences and walls.

c.

Low-lying landscaping and vegetative screening that does not include trees or hedges exceeding three feet in height.

d.

Natural waterways including rivers, creeks, lakes, ponds, and flood plains.

e.

Signs.

f.

Solar energy systems permitted in compliance with Section 35.430.160 (Solar Energy Systems).

g.

Telecommunication facilities permitted in compliance with Chapter 35.444 (Telecommunication Facilities).

h.

Utility lines and facilities.

i.

Any other use determined by the review authority to be consistent with the purpose and intent of the buffer requirement.

j.

Modifications or additions to structures legally existing as of May 9, 2013 provided that any addition to a structure that is located within a buffer required by this Section shall not extend further towards the immediately adjacent agricultural lot.

Restricted uses within agricultural buffers. Subject to other provisions of this Section, or other provisions of the County Code, the following uses may be allowed within the agricultural buffer provided they are not located any closer to the common lot line between the project site and the adjacent agriculturally zoned lot than half the width of the buffer. This requirement may be modified by the review authority when it is determined that strict compliance with this section is not required to minimize conflicts with adjacent agriculture.

a.

Commercial loading docks and rear service areas.

b.

Landscaping and vegetative screening.

c.

Lighting.

d.

Non-habitable structures such as those used for storage.

e.

Parking areas including carports and garages.

f.

Public and private open space areas with limited passive recreational uses such as trails, bike paths and walking paths.

g.

Roads and transportation infrastructure.

3.

Prohibited uses within agricultural buffers. Recreational uses such as parks, picnic areas, playgrounds and ball fields shall not be allowed in an agricultural buffer.

4.

Open space credit. The agricultural buffer may be counted toward open space requirements as long as the limits on allowed uses are consistent with the requirements of this Section and the Development Code.

5.

The unrestricted uses, restricted uses and prohibited uses within the designated agricultural buffer shall be included as a condition of approval of the approved project.

F.

Agricultural buffer Landscape, Lighting and Irrigation Plan requirements.

1.

A Landscape, Lighting and Irrigation plan (Plan) shall be required for all agricultural buffers. The Plan shall:

a.

Graphically depict and label the agricultural buffer.

b.

Graphically depict and label the following elements within the agricultural buffer:

(1)

Erosion control measures.

(2)

Hardscape.

(3)

Irrigation systems.

(4)

Landscaping, vegetation, and materials.

(5)

Lighting.

c.

Incorporate Low Impact Development (LID) measures to maximize runoff retention and groundwater infiltration on-site.

d.

Incorporate a fence or other barrier that complies with the Development Code, with a minimum height of six feet, that discourages trespassing and domestic animals from crossing the common lot boundary between the project site and the adjacent agricultural land.

e.

Prohibit the planting or installation of turf within 50 feet of the adjacent agricultural land unless required by County, State or Federal regulations.

f.

Be compatible with the surrounding land uses and rural character of the agricultural area.

2.

Landscaping, lighting and irrigation are not required within the agricultural buffer. However, if vegetation is included within the buffer, the plant palette shall meet the following requirements:

a.

The plants shall be compatible with agriculture.

b.

Shading of adjacent agricultural crops shall be minimized.

c.

To the maximum extent feasible, the plants shall be fire resistant and drought-tolerant or low water use.

d.

The plants shall not be considered noxious according to Section 4500 of the California Code of Regulations or considered invasive by the California Invasive Plant Council (Cal-IPC).

3.

If a vegetative screen is used to offset an agricultural buffer width increase for production agriculture as described in Subsection D.4.b (Vegetative screening adjacent to production agriculture), the vegetative screen shall be consistent with the requirements in this Subsection F (Agricultural buffer Landscape, Lighting and Irrigation Plan requirements) and shall be in compliance with the following additional criteria:

a.

The vegetative screen shall consist of two staggered rows of vegetation consisting of a layered canopy with evergreen trees and shrubs with foliage extending from the base to the crown.

b.

The plants shall thoroughly screen the agricultural use from the non-agricultural use within five years from time of installation.

c.

The minimum height of trees at maturity shall be 15 feet.

d.

The vegetative screen shall be at least 25 feet deep.

The Landscape, Lighting and Irrigation Plan shall be compatible with the requirements in Subsection E (Allowable uses within agricultural buffers).

5.

The applicant shall provide a signed and notarized agreement and a performance security acceptable to the Director that guarantees the installation of landscaping, lighting and irrigation and provides for the successful establishment of the agricultural buffer for a minimum of five years. The performance security shall be released upon approval by the Director.

G.

Agricultural buffer maintenance requirements.

1.

A Maintenance Plan shall be required that provides for the maintenance of the agricultural buffer for the life of the project. The Maintenance Plan shall:

a.

Include provisions for managing agricultural pests such as vertebrate pests, invasive weeds, and crop threatening insects. Integrated Pest Management practices shall be used to the extent feasible.

b.

Include provisions for removing weeds, trash and debris.

c.

Provide for regular fuel management and removal of accumulated plant matter within the agricultural buffer so as to minimize fire risk.

d.

Be consistent with the requirements in Subsection F (Agricultural buffer Landscape, Lighting and Irrigation Plan requirement).

e.

Provide for the regular maintenance of the elements as described in Subsection F (Agricultural Buffer Landscape, Lighting and Irrigation Plan requirements).

H.

Future conversion of adjacent agricultural land. If the underlying purpose for the agricultural buffer no longer exists, the review authority, upon application for permit revision in compliance with Division 35.7, (Montecito Planning Permit Procedures), may remove agricultural buffer requirements originally required in compliance with this Section.

I.

Findings. In addition to other findings that may be required, the review authority shall not approve or conditionally approve any application subject to the requirements of this Section for which an agricultural buffer is required unless it first makes all of the following findings:

1.

The design and configuration of the agricultural buffer minimizes, to the maximum extent feasible, conflicts between the adjacent agricultural and non-agricultural uses which are the subject of the permit application.

2.

The Landscape, Lighting, Irrigation and Maintenance Plans are compatible with the character of the adjacent agricultural land and the rural setting.

Bikeways shall be provided where determined by the review authority to be appropriate for recreational and commuting use.

35.430.050 - Density

A.

The densities specified in the Comprehensive Plan are maximums and may be reduced through discretionary project review if the review authority determines that a reduction is warranted by conditions specifically applicable to a site, including topography, geologic or flood hazards, habitat areas, or steep slopes.

B.

Density may be increased for an affordable housing project in compliance with Housing Element policies.

A.

Rural. Within Rural areas as designated on the Comprehensive Plan maps, the height, scale, and design of each structure shall be compatible with the character of the surrounding natural environment, as determined by the review authority, except where the review authority determines that technical requirements dictate otherwise. Structures shall be subordinate in appearance to natural landforms, shall be designed to follow the natural contours of the landscape, and shall be sited so as not to intrude into the skyline as seen from public viewing places.

B.

Urban and Existing Developed Rural Neighborhoods. Within Urban areas and Existing Developed Rural Neighborhoods as designated on the Comprehensive Plan maps, new structures conform to the scale and

character of the existing community. Clustered development, varied circulation patterns, and diverse housing types shall be encouraged.

A.

Purpose. This Section provides regulations for the installation, construction, and placement of fences. For the purposes of this Section, the term "fence" includes fences, walls, gates, gateposts, and other structures in the nature of a fence, except where any of these are specifically identified and separately regulated by this Section.

B.

Measurement of fence height. Fence height shall be measured as the vertical distance between the natural grade at the base of the lower side of the fence, and the top edge of the fence material. See Figure 3-1 (Measurement of Fence Height) below.

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Figure 3-1 - Measurement of Fence Height

C.

Height limits and permit requirements. Each fence shall comply with the height limits and permit requirements in Table 3-2 (Fence Height and Permit Requirements) below. In no case shall the height of the fence exceed the height limit established for the applicable zone district by Division 35.2 (Montecito Zones and Allowable Land Uses). Additionally, a fence on a corner lot shall also comply with the vision clearance requirements in Section 35.430.090 (Height Measurement, Exceptions and Limitations).

Table 3-2- Fence Height and Permit Requirements

1.

Exception to height limits. A maximum of 10 percent of the total linear length of a wall or fence may be allowed to exceed the maximum height specified for exemption from a permit in Table 3-2 (Fence Height and Permit Requirements), where the review authority first determines that topographic or other unavoidable conditions will destroy its architectural integrity if held to the maximum height specified for its entire length.

2.

Retaining wall exemption. A retaining wall (retaining earth only) that is not over four feet in height measured from the bottom of the footing to the top of the wall and does not require a Grading Permit in compliance with County Code Chapter 14 is exempt from Land Use Permit requirements except when located within an Environmentally Sensitive Habitat area.

A.

Purpose. The intent of the Flood Hazard development standards is to avoid exposing new development to flood hazards and to reduce the need for future flood control protective works and resulting alteration of stream and wetland environments by regulating development within the 100-year flood plain.

B.

Development within floodway. All development, including construction, excavation, and grading, except for flood control projects and non-structural agricultural uses, shall be prohibited in the floodway, as determined by the County Public Works Department, unless off-setting improvements in accordance with Housing and Urban Development regulations are provided. If the proposed development falls within the floodway fringe, development may be permitted, providing creek setback requirements are met and finish floor elevations are above the projected 100-year flood elevation as specified in County Code Chapter 15A (Floodplain Management).

C.

Permitted development limitations. Permitted development shall not cause or contribute to flood hazards or lead to expenditure of public funds for flood control works, such as dams, stream channelizations, etc.

35.430.090 - Height Measurement, Exceptions and Limitations

A.

Purpose. This Section describes the required methods for measuring the height of structures to determine compliance with the height limits established by this Development Code and provides exceptions to those height limits.

B.

Height limit of structures. The height of each structure shall not exceed the applicable height limit established for the applicable zone by Division 35.2 (Montecito Zones and Allowable Land Uses) and/or other requirements of this Development Code, except as otherwise provided by this Section and this Development Code.

C.

Height measurement. The following methodology shall be used to determine the height of a structure. Additionally, Subsection D through Subsection I below, provide or reference additional specific height measurement criteria and exemptions for specific types of development.

1.

Height of structures. The height of a structure shall be the vertical distance between the existing grade and the uppermost point of the structure directly above that grade except as provided in Subsection C.1.a below. The height of any structure shall not exceed the applicable height limit except as provided in Subsection D through Subsection I, below, see Figure 3-2 (Height Limit).

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Figure 3-2 - Height Limit

a.

Measurement from finished grade.

(1)

Located on fill. For lots that are zoned R-1/E-1, R-2 or PRD, the height of a structure shall be the vertical distance between the finished grade and the uppermost point of the structure directly above that grade for those portions of the structure located above an area of the site where the finished grade is 10 feet or more above the existing grade.

2.

Maximum height in ridgeline/hillside locations. In addition to the height limit applicable to a structure as described in Subsection C.1 (Height of structures) above, a structure subject to Chapter 35.452 (Montecito Ridgeline and Hillside Development) or Section 35.428.070 (Montecito Hillside Overlay Zone) shall not exceed a maximum height of 28 feet as measured from the highest part of the structure, excluding chimneys, vents and noncommercial antennas, to the lowest point of the structure where an exterior wall intersects the finished grade or the existing grade, whichever is lower. In the case where the lowest point of the structure is cantilevered over the ground surface, then the calculated maximum height shall include the vertical distance below the lowest point of the structure to the finished grade or the existing grade, whichever is lower, see Figure 3-3 (Maximum Height).

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Figure 3-3 - Maximum Height

D.

General height limit exceptions. The height of a structure may exceed the applicable height limit in compliance with the following:

1.

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 50 feet in height in all zones. The use of towers or similar structures to provide higher ceiling heights for habitable space shall be deemed a use intended for human activity. No such structure shall be employed for any commercial or advertising use unless specifically allowed by the applicable zone, except that antennas and associated equipment may be located within such structures.

2.

Portions of a structure may exceed the applicable height limit by no more than three feet where the roof exhibits a pitch of four in 12 (rise to run) or greater.

In order to provide for architectural character, architectural elements, whose aggregate area is less than or equal to 10 percent of the total roof area of the structure or 400 square feet, whichever is less, may exceed the height limit by no more than eight feet when approved by the Montecito Board of Architectural Review.

4.

Allowances for exceeding the applicable height limit in compliance with Subsections D.2 and D.3 above are not cumulative.

E.

Accessory dwelling units and junior accessory dwelling units. See Section 35.442.015 (Accessory Dwelling Units and Junior Accessory Dwelling Units) for height limits and exceptions for accessory dwelling units and junior accessory dwelling units.

F.

Fences and walls. A fence or wall shall comply with the height limits established by Section 35.430.070 (Fences and Walls).

G.

Guesthouses, artist studios and cabañas. See Section 35.442.120 (Guesthouses, Artist Studios, and Cabañas) for height limits and exceptions for guesthouses, artist studios, and cabañas.

H.

Telecommunication facilities. See Chapter 35.444 (Telecommunications Facilities) height limits and exception for commercial and noncommercial telecommunication facilities

I.

Vision clearance. Structures and landscaping on a corner lot shall not exceed the height limits provided by this Subsection within a required vision clearance area.

1.

Measurement of vision clearance area. See Figure 3-4 (Vision Clearance Area).

a.

Straight corners. The boundaries of a vision clearance area are defined by drawing lines from the point of intersection of a lot's street property lines at the corner to a point a minimum of 10 feet from the corner along the two property lines, and then connecting the two points with a straight line forming the hypotenuse of the triangle.

b.

Rounded corners. In the case of rounded corners, the boundaries of a vision clearance area are defined by extending the street property lines from the tangents at the beginning and end of the curving corner to a

point of intersection, then drawing lines from the point of intersection to a point a minimum of 10 feet from the point of intersection along the two property lines, and then connecting the two points with a straight line forming the hypotenuse of the triangle.

2.

Height limits within vision clearance area. No planting, fence, wall, or other structure shall exceed a height of two and one-half feet above the adjacent curb grade, or three feet above the adjacent surface of pavement, whichever is less, within a vision clearance area.

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Figure 3-4 - Vision Clearance Area

35.430.100 - Infrastructure Services, Utilities and Related Facilities

A.

Adequacy of infrastructure required. Approval of a Land Use Permit (Section 35.472.110) or Zoning Clearance (Section 35.472.190) shall require that the review authority first find, based on information provided by environmental documents, staff analysis, and the applicant, that adequate public or private services and resources (e.g., water, sewer, roads) are available to serve the proposed development.

B.

Applicant responsibilities. The applicant shall assume full responsibility for costs incurred in service extensions or improvements that are required as a result of the proposed project. Lack of available public or private services or resources shall be grounds for denial of the project or reduction in the density otherwise indicated in the Comprehensive Plan including the Montecito Community Plan.

C.

General requirement for water and sewer services. Within Urban areas designated on the Comprehensive Plan maps, new development other than that for agricultural purposes shall be served by the appropriate public sewer and water district or an existing mutual water company, if such service is available.

A.

Purpose and applicability. This Section establishes standards for the approval of a Lot Line Adjustment consistent with this Development Code, the Comprehensive Plan, and County Code Chapter 21 (Subdivision Regulations), in compliance with Map Act Section 66412. The provisions of this Section and the procedures and requirements in County Code Chapter 21 shall apply to all applications for Lot Line Adjustments.

B.

Required findings for approval. The approval of a Lot Line Adjustment application shall require that the Montecito Commission first make all of the following findings;

1.

The Lot Line Adjustment is in conformity with all applicable provisions of the Comprehensive Plan, including the Montecito Community Plan, and this Development Code.

2.

Minimum lot area.

a.

Minimum lot area. No lot involved in the Lot Line Adjustment whose area is equal to or greater than the minimum lot area requirement of the applicable zone shall become smaller than the minimum lot area requirement of the applicable zone as a result of the Lot Line Adjustment.

3.

Except as provided in this Section, all lots resulting from the Lot Line Adjustment shall comply with the minimum lot area requirements of the applicable zone. A Lot Line Adjustment may be approved that results in one or more lots that are smaller than the minimum lot area requirement of the applicable zone provided that it complies with all of the following requirements.

a.

The Lot Line Adjustment shall not result in increased subdivision potential for any lot involved in the Lot Line Adjustment.

b.

The Lot Line Adjustment will not result in a greater number of residentially developable lots than existed prior to the adjustment. For the purposes of this Subsection B.3 only, a lot shall not be deemed residentially developable if the documents reflecting its approval and/or creation identify that 1) the lot is not a building site, or 2) the lot is designated for a non-residential purpose including well sites, reservoirs and roads. A lot shall be deemed residentially developable for the purposes of this Subsection B.3 if it has an existing onefamily dwelling constructed in compliance with a valid County permit, or existing and proposed lots comply with all of the following criteria.

(1)

Water supply. The lot shall have adequate water resources to serve the estimated interior and exterior needs for residential development as follows: 1) a letter of service from the appropriate district or company shall document that adequate water service is available to the lot and that the service complies with the Company's Domestic Water Supply Permit; or 2) a Public Health Department or State approved water system.

(2)

Sewage disposal. The lot is served by a public sewer system and a letter of available service can be obtained from the appropriate district. A lot to be served by an onsite wastewater treatment system shall meet all applicable County requirements for permitting and installation, including percolation tests, as determined by the Public Health Department.

(3)

Access. The lot is currently served by an existing private road meeting applicable fire agency roadway standards that connects to a public road or right-of-way easement, or can establish legal access to a public road or right-of-way easement meeting applicable fire agency roadway standards.

(4)

Slope stability. Development of the lot including infrastructure avoids slopes of 30 percent and greater.

(5)

Agriculture viability. Development of the lot shall not threaten or impair agricultural viability on productive agriculture lands within or adjacent to the lot.

(6)

Environmentally sensitive habitat. Development of the lot avoids or minimizes impacts where appropriate to environmentally sensitive habitat and buffer areas, and riparian corridor and buffer areas.

(7)

Hazards. Development of the lot shall not result in a hazard to life and property. Potential hazards include flood, geologic and fire.

(8)

Consistency with Comprehensive Plan and Development Code. Development of the lot is consistent with the setback, lot coverage and parking requirements of the Development Code and consistent with the Comprehensive Plan and the public health, safety and welfare of the community.

To provide notification to existing and subsequent property owners when a finding is made that a lot is deemed not to be residentially developable, a statement of this finding shall be recorded concurrently with the deed of the lot, in compliance with County Code Section 21-92 (Procedures).

4.

The Lot Line Adjustment will not increase any violation of lot width, setback, lot coverage, parking or other similar requirement of the applicable zone, or make an existing violation more onerous.

5.

The affected lots are in compliance with all laws, rules and regulations pertaining to zoning uses, setbacks and any other applicable provisions of this Development Code, or the Lot Line Adjustment has been conditioned to require compliance with these rules and regulations, and any zoning violation fees imposed in compliance with applicable law have been paid. This finding shall not be interpreted to impose new requirements on legal nonconforming uses and structures under the requirements of Chapter 35.491 (Nonconforming Uses, Structures, and Lots).

6.

Conditions have been imposed to facilitate the relocation of existing utilities, infrastructure and easements.

C.

Additional required findings for Lot Line Adjustments within an agricultural preserve. In addition to the findings required under Subsection B (Required findings for approval) above, the approval of a Lot Line Adjustment proposed on agriculturally zoned lots that are subject to an Agricultural Preserve Contract in compliance with the County Uniform Rules for Agricultural Preserves and Farmland Security Zones shall require that the Montecito Commission also make the following findings:

1.

The new contract or contracts will enforceably restrict the adjusted boundaries of the lot for an initial term for at least as long as the unexpired term of the rescinded contract or contracts, but for not less than 10 years.

2.

There is no net decrease in the amount of the acreage restricted. In cases where two lots involved in a lot line adjustment are both subject to contracts rescinded pursuant to this section, this finding will be satisfied if the aggregate acreage of the land restricted by the new contracts is at least as great as the aggregate acreage restricted by the rescinded contracts.

3.

At least 90 percent of the land under the former contract or contracts remains under the new contract or contracts.

4.

After the lot line adjustment, the parcels of land subject to contract will be large enough to sustain their agricultural use.

5.

The lot line adjustment would not compromise the long-term agricultural productivity of the lot or other agricultural lands subject to a contract or contracts.

6.

The lot line adjustment is not likely to result in the removal of adjacent land from agricultural use.

7.

The lot line adjustment does not result in a greater number of developable lots than existed prior to the adjustment, or an adjusted lot that is inconsistent with the Comprehensive Plan.

A.

Purpose. The purpose of this Section is to create standards for outdoor lighting that minimize light pollution caused by inappropriate or misaligned light fixtures. These standards conserve energy, preserve the nighttime sky, and protect neighbors and wildlife while maintaining nighttime safety, utility, security and productivity. The County recognizes that the unique development patterns and environments of the County created ideal areas for astronomical observation and enjoyment of the nighttime sky. Additionally, resources in the County warrant the protection of nighttime viewsheds and wildlife corridors from light trespass. The County, through the provisions contained herein, intends to preserve and protect the nighttime environment of the County by regulating unnecessary and excessive outdoor lighting. See "Lighting" within Division 35.10 (Glossary) for definitions related to outdoor lighting used within this Section.

B.

Applicability. The standards of this Section apply to all new or replaced outdoor light fixtures or systems and to existing lighting, as provided below unless specifically exempted or required pursuant to any other applicable code or regulation.

1.

Existing Lighting. All outdoor lighting fixtures lawfully installed prior to the effective date of this Section are subject to only Subsections E.4 (Glare Prevention) and E.7 (Timing Controls) of this Section.

2.

New and Replaced Lighting. The standards of this Section apply to all new or replaced outdoor light fixtures or systems, except as specifically exempted pursuant to Subsection B.4 (Exemptions) below.

3.

Additions and Remodels. Additions totaling 50 percent or more of the existing gross floor area of a structure or exterior alterations affecting 50 percent or more of a building's exterior shall require that all existing lighting on the lot be brought into compliance with the provisions of this Section.

Exemptions. The following types of lighting are exempt from the provisions of this Section.

a.

Fossil fuel lights.

b.

Traffic control signs and devices.

c.

Street lights installed prior to the effective date of the Ordinance adding this section.

d.

Temporary construction or emergency lighting under direction of a public agency (e.g., fire, police, public works).

e.

Navigation lights (e.g., airports, heliports, radio/television towers).

f.

Seasonal lighting decorations illuminated no longer than 60 days per calendar year.

g.

Light fixtures with a maximum output of 60 lumens, including solar lights.

h.

Underwater lights used to illuminate swimming pools, spas, fountains, and other water features.

i.

Temporary lighting for agricultural activities of a limited duration, not including unshielded arena lights.

5.

Alternative Compliance. The provisions of this Section are not intended to prevent the use of any design, material or method of installation not specifically prescribed by this Section provided any such alternate has been approved by the Director as part of a planning permit. The Director may approve any such alternate provided that the proposed design, material or method:

a.

Provides approximate equivalence to the specific requirements of this Section; and

b.

Is otherwise satisfactory and complies with the purpose of this Section.

C.

Prohibited Lights and Lighting. The following lights and lighting are prohibited:

1.

Search lights, strobe lights, laser source lights, or similar high intensity lights except as specifically exempted or for the purposes of gathering meteorological data.

2.

Mercury vapor lights.

3.

Uplighting.

4.

Recreational court lighting is prohibited in all residential zones.

D.

Maximum Light Levels. Outdoor lighting shall comply with the following maximum light levels except where otherwise allowed through the approval of the Conditional Use Permit or Development Plan, as applicable.

1.

Light Levels Within Designated Environmentally Sensitive Habitat Areas and Buffer Areas.

a.

Environmentally Sensitive Habitat Areas shall not be illuminated, including illumination of the Environmentally Sensitive Habitat area from a light source located outside of the Environmentally Sensitive Habitat area.

b.

The maximum lighting level within designated Environmentally Sensitive Habitat areas shall not exceed 0.0 foot-candles.

c.

No light fixture located within an Environmentally Sensitive Habitat buffer area shall exceed 630 lumens.

2.

Light Levels at Property Lines. The light level at property lines shall not exceed 0.1 foot-candles, except as provided below.

a.

Multi-family Zoned Property Abutting or Within a Multi-family, Commercial, or Industrial Zone. Where a property is located within a Multi-family Zone and the neighboring property is located within a Multi-family, Commercial, or Industrial Zone, the maximum lighting level at the shared property line shall be 0.2 footcandles.

b.

Commercial and Industrial Zoned Property.

(1)

Abutting a Multi-family Zone. Where a property is located within a Commercial or Industrial Zone and the neighboring property is located within a Multi-family Zone, the maximum lighting level at the shared property line shall be 0.2 foot-candles.

(2)

Abutting or Within a Commercial or Industrial Zone. Where a property is located within a Commercial or Industrial Zone and the neighboring property is located within a Commercial or Industrial Zone, the maximum lighting level at the shared property line shall be 0.25 foot-candles.

E.

General requirements.

1.

Shielding. All outdoor light fixtures shall be fully shielded or full cut off, except as provided below.

a.

Decorative string lights are not required to be shielded.

b.

Lights at building entrances located under an overhang or building element are not required to be shielded provided that none of the light emitted by the fixture projects above the horizontal of the edge of the overhang or building element.

c.

Outdoor light fixtures used for outdoor recreational facilities shall be fully shielded except when such shielding would cause impairment to the visibility required in the intended recreational activity. In such cases, partially shielded fixtures and downward lighting methods shall be utilized to limit light pollution, glare, and light trespass to a reasonable level as determined by the Director.

d.

Partially shielded light fixtures may be allowed provided the light source is obscured by translucent glass or other means, the light fixture does not exceed 850 lumens, and the lighting complies with all other provisions of this Section.

2.

Externally Illuminated Signs, Advertising Displays and Building Identification. Externally illuminated signs, advertising displays and building identification shall use top mounted light fixtures which shine downward.

3.

Maximum Height. Lighting fixtures shall be installed at the lowest height required to achieve the design purpose of the lighting fixture.

a.

Building Mounted. Light fixtures shall not exceed the height of the building upon which it is attached.

b.

Freestanding Light Fixtures. The maximum height of freestanding light fixtures and lighting fixtures mounted on a structure or feature other than a building is as follows:

(1)

Within 100 feet of a Residential Zone: 15 feet from finished grade.

(2)

Other Locations: 20 feet from finished grade.

c.

Exceptions. The Director may allow additional height for activities, uses, or development with unique lighting needs; for accentuating historic architectural features of a building, accentuating signage and/or landscape features; lighting of recreational facilities; or for security purposes.

4.

Glare Prevention. All lights shall be directed and oriented to prevent light spillover and glare onto adjacent properties. No unobstructed beam of exterior light shall land off-site.

5.

Traffic Safety. Lighting shall be designed so as not to interfere with vehicular traffic on any portion of a street.

6.

Kelvin. Light fixtures for outdoor security lighting shall not exceed 4,000 Kelvin. All other outdoor light fixtures shall not exceed 2,700 Kelvin.

7.

Timing Controls. Outdoor lighting shall be turned off during daylight hours and between 9:00 p.m. and sunrise the following day, except as provided below.

a.

When People are Present. Outdoor lighting may remain on when people are present in the outdoor areas being illuminated, except as provided below.

(1)

In Residential Zones and any area adjacent to a Residential Zone, outdoor lighting shall be turned off as follows:

(a)

Sunday through Thursday: between 10:00 p.m. and sunrise the following day.

(b)

Friday and Saturday: between midnight and sunrise the following day.

b.

Code Required Lighting. Building or other construction and safety code required lighting for steps, stairs, walkways, entrances, parking areas, and other building and site features that is dimmed to the minimum light level necessary to meet code requirements.

c.

Safety and Security Lighting.

(1)

Motion-Controlled Security Lighting. Security lighting may be controlled by a motion-sensor switch between the hours of 9:00 p.m. and sunrise the following day provided the lighting does not remain on longer than five minutes after activation.

(2)

Commercial and Industrial Zones Not Adjacent to Residential Zones. Outdoor security lighting in Commercial and Industrial Zones not adjacent to a Residential Zone may remain on between 9:00 p.m. and sunrise the following day provided lights are dimmed to the minimum level to meet safety and security requirements and are on a timer or sensor that automatically extinguishes the light when sufficient daylight is available.

(3)

Additional Security Lighting. Additional security lighting may be allowed through the approval of the Conditional Use Permit or Development Plan, as applicable.

d.

On-Premise Signs. All illuminated advertising signs shall not be illuminated between 11:00 p.m. and sunrise the following day, except that on-premises signs may be illuminated while the business is open to the public.

F.

Submittal of plans and evidence of compliance. Any application for a permit that includes outdoor light fixtures subject to the standards of this Section shall include evidence that the proposed outdoor lighting will comply with all of the standards of this Section. The application shall include:

1.

Plans showing the locations of all outdoor lighting fixtures.

2.

Description of the outdoor lighting fixtures including manufacturers catalog cuts and drawings. Descriptions and drawings shall include lamp or bulb type, wattage, lumen output, beam angle, and shielding.

3.

Photometric plans showing foot-candle readings every ten feet within the property or site and ten feet beyond the property lines, except as provided below.

a.

Applications for outdoor lighting associated with residential development of four or fewer units and property-owner installed lighting are not required to submit photometric plans unless requested by the Director due to project location, size, use, and proposed lighting.

4.

The above plans and descriptions shall be sufficiently complete to enable the plan examiner to readily determine whether compliance with the requirements of this Section have been met.

G.

Temporary exemption. The following temporary exemptions may be allowed in accordance with the provisions of Section 35.442.180 (Temporary Uses and Trailers).

1.

The Director may grant a temporary exemption from one or more requirements of this Section for such activities, including, but not limited to circuses, fairs, carnivals, sporting events, and promotional activities, only if all of the following findings are first made:

a.

The purpose for which the lighting is proposed is not intended to extend beyond 30 days.

b.

The proposed lighting is designed in such a manner as to minimize light pollution as much as feasible.

c.

The proposed lighting will comply with the purpose of this Section.

2.

The application for a temporary exemption shall at a minimum include all of the following information:

a.

Name and address of applicant and property owner.

b.

Location of proposed fixtures.

c.

Type, wattage and lumen output of lamp(s).

d.

Type and shielding of proposed fixtures.

e.

Intended use of lighting.

f.

Duration of time for requested exemption.

g.

The nature of the exemption.

3.

Such other information as the Department may request.

(Ord. No. 5239, § 2, 2-11-2025)

35.430.130 - Performance Standards

A.

The following standards apply within all areas.

1.

Location of development. No urban development shall be permitted outside of the Urban area as designated on the Comprehensive Plan maps.

2.

Environmental Resource Management. The standards in this Section are from the Environmental Resource Management Element, and serve to implement policies and key recommendations contained in other elements of the Comprehensive Plan (e.g., the Seismic Safety and Safety, Conservation, and Open Space Elements).

a.

Urbanization prohibited. Urbanization should be prohibited in all cases on lands subject to one or more of the following environmental factors:

(1)

Geologic Problems Index V (see Seismic Safety and Safety Element);

(2)

Reservoirs and areas tributary to existing and proposed reservoirs;

(3)

Slopes of 30 percent or greater;

(4)

Existing croplands with a high agricultural suitability rating (see Environmental Resource Management Element) or a Class I or II soil capability classification. However, urban uses may be permitted within urban areas on lots of 10 acres or less;

(5)

Mineral resource sites;

(6)

Existing parks and recreation sites, historic sites, and archaeological sites; and

(7)

Proposed scientific preserves.

b.

Urbanization limited. Urbanization should be prohibited except in a relatively few special instances on lands subject to one or more of the following environmental factors:

(1)

Geologic Problems Index IV (see Seismic Safety and Safety Element);

(2)

Slopes of 20 percent or greater but less than 30 percent;

(3)

Existing croplands with a moderate or low agricultural suitability rating (see Environmental Resource Management Element) or a Class III or IV soil capability classification;

(4)

Land highly suitable for expansion of cultivated agriculture (see Environmental Resource Management Element);

(5)

Significant habitats and/or prime examples of common ecological communities (see Environmental Resource Management and Conservation Elements).

35.430.150 - Setback Requirements and Exceptions

A.

Purpose. This Section provides standards for the use and minimum dimension of setbacks. These standards provide open areas around structures for: visibility and traffic safety; access to and around structures; access to natural light, ventilation and direct sunlight; separation of incompatible land uses; and space for landscaping and recreation.

B.

Setback requirements.

1.

General. Each structure shall be located on its site so that it is set back from property lines and other structures in compliance with the setback requirements of the applicable zone in Division 35.2 (Montecito Zones and Allowable Land Uses), and with any setbacks established for specific uses by Chapter 35.442 (Standards for Specific Land Uses), except as otherwise provided by this Section or this Development Code.

2.

Property lines and rights-of-way. No portion of any structure, including eaves or roof overhangs, shall extend beyond a property line or into a public street right-of-way, except as provided by Subsection 35.444.020.D.1.d (Extension over neighboring property).

C.

Measurement of setbacks. The setbacks required by Subsection B (Setback requirements) above shall be measured as follows.

1.

Front setback. A front setback shall be measured at right angles from the front line of the lot.

a.

Corner lot. A corner lot shall have a front setback along each property line adjacent to a street. If the corner lot has a lot width of 100 feet or more, then each front setback shall be considered to be a primary front setback. If the corner lot has a lot width of less than 100 feet, then the front setback adjacent to the front line (see definition of Front Line) of the lot shall be considered the primary front setback and the front setback that is not adjacent to the front line shall be considered a secondary front setback. See Figure 3-5 (Corner Lot Setbacks) below.

==> picture [216 x 180] intentionally omitted <==

Figure 3-5 - Corner Lot Setbacks

(1)

Corner lot 100 feet or greater in width. There shall be a primary front setback along each street abutting the lot and all such setbacks shall conform to the front setback requirements of the applicable zone.

(2)

Corner lot less than 100 feet in width. There shall be a primary front setback along the property line considered the front line of the lot. The secondary front setback along the property line not considered the front line shall be not less than 20 percent of the width of the lot, but in no case shall said secondary front setback be less than 10 feet.

b.

Through lot. A through lot shall provide front setbacks as required by the applicable zone adjacent to each abutting street.

c.

Sloping lot setback. Where the elevation of the ground at a point 50 feet from the centerline of any street is seven feet or more below or above the grade of the centerline, the front setback for a private detached garage (not carport) may be decreased by 40 percent and the front setback for a dwelling may be decreased by 20 percent, provided that the front face of the garage is no closer than 10 feet to the abutting street right-of-way.

2.

Side setbacks. A required side setback shall be measured at right angles from the side property line, establishing a setback line parallel to the side property line which extends between the front and rear setbacks.

a.

Side setback adjacent to alley. In computing the width of a side setback, if the setback abuts an alley, and the owner of the lot owns all or one-half of the underlying fee of the alley, up to one-half of the width of the alley may be included in the side yard.

b.

Through lot. On a through lot, the side setbacks shall extend the full depth of the lot between the front setbacks.

c.

Side setback variations in R-1/E-1 and R-2 zones. The required side setback for portions of a structure, including attached and detached accessory structures, may be varied subject to all of the following limitations. See Figure 3-6 (Variable Side Setback).

(1)

No portion of the structure shall be less than five feet from the side lines of the lot.

(2)

No portion of an exterior wall of a structure containing non-fixed windows or doors opening into rooms of a structure (except a garage or other non-habitable space) shall be located closer to the side lines of a lot than the required side setback prior to any variation allowed by Subsection b.(3) below.

(3)

A portion of a structure may be located within the required side setback provided that the footprint area of the portion of the structure that intrudes into the required side setback, combined with the footprint area of

any other existing portions of the structure that intrude into the required side setback, shall be compensated by an equal or greater area that is not covered by any building footprint area located outside of and adjacent to the same side setback and the side setback line without any intervening obstruction. The compensating area used to vary a side setback shall be located adjacent to the side setback line that is being varied, outside of the required rear and front setback areas, and shall not be located farther from the portion of the structure intruding into the setback area than one-half of the lot depth.

(4)

The compensating area used to vary a side setback shall not be used to vary a rear setback on the same lot.

==> picture [240 x 171] intentionally omitted <==

Figure 3-6 - Variable Side Setback

3.

Rear setback. The rear setback shall be measured at right angles from the rear property line, establishing a setback line parallel to the rear property line.

a.

Corner lot. The rear setback for a corner lot backing upon a key lot may be reduced to the size of the required side setback for the key lot or 10 feet, whichever is greater, provided that the total front, side, and rear setback area required by the applicable zone is not reduced. An accessory structure on a corner lot backing on a key lot shall be set back from the rear property line by a distance equal to the side setback requirements applicable to the key lot.

b.

Rear setback adjacent to alley. In computing the depth of a rear setback, if the setback abuts an alley, and the owner of the lot owns all or one-half of the underlying fee of the alley, up to one-half of the width of the alley may be included in the rear setback.

c.

Rear setback on triangular lot. Where a triangular lot has no rear lot line because its side lot lines converge to a point, an assumed line 10 feet long within the lot, parallel to and at the maximum possible distance from the front lot line, shall be deemed to be the rear lot line for the purpose of measuring the required rear setback. See Figure 3-7 (Triangular Lot Rear Setback Measurement).

==> picture [264 x 180] intentionally omitted <==

Figure 3-7 - Triangular Lot Rear Setback

Measurement

d.

Rear setback variations in R-1/ E-1 and R-2 zones. The required rear setback for portions of a structure, including attached and detached accessory structures, may be varied subject to all of the following limitations. See Figure 3-8 (Variable Rear Setback).

(1)

No portion of a structure shall be closer than 15 feet to the rear line of the lot.

(2)

A portion of a structure may be located within the required rear setback provided that the footprint area of the portion of the structure that intrudes into the required rear setback, combined with the footprint area of any other existing portions of the structure that intrude into the required rear setback, shall be compensated by an equal or greater area that is not covered by any footprint area located outside of and adjacent to the rear setback and the rear setback line without any intervening obstruction. The compensating area used to vary a rear setback shall be located outside the required side setback areas and shall not be located farther from the portion of the structure intruding into the setback area than onehalf of the lot width.

(3)

The compensating area used to vary a rear setback shall not be used to vary a side setback on the same lot.

==> picture [240 x 168] intentionally omitted <==

Figure 3-8 - Variable Rear Setback

4.

Interior and odd-shaped lots.

a.

Interior lot. The setback requirements of the applicable zone shall not apply, and any structure located on an interior lot shall have a setback of at least 10 feet from all property lines, and the total setback area shall equal the total area of all setbacks required by in the applicable zone. See Figure 3-9 (Interior Lot) below. Where no setback is required by the applicable zone, a setback of 10 feet shall not be required.

b.

Odd-shaped lots. In the case of odd-shaped lots, the Director shall determine the required setbacks, which widths and depths shall approximate as closely as possible the required widths and depths of corresponding setbacks on rectangular lots in the applicable zone district.

==> picture [204 x 195] intentionally omitted <==

Figure 3-9 - Interior Lot

Setback shown on Final Map or Parcel Map or Final Development Plan. Where a setback line is called for or shown on a Final Map or Parcel Map or Final Development Plan, the required setback shall be that shown on the Final Map, Parcel Map, or Final Development Plan.

D.

Limitations on the use of setbacks, allowable projections into setbacks. Every part of a setback shall be unobstructed from the ground to the sky, except as otherwise provided in this Section.

1.

The ordinary projection of sills, belt courses, buttresses, cornices, chimneys, eaves, outdoor stairways, and ornamental features may extend into a required setback no more than three feet. Handrails on outdoor stairways may extend into the setback an additional six inches.

2.

Fire escapes, balconies, and unroofed and unenclosed porches or landings, may extend into a setback as provided below when constructed and placed in a manner that shall not obstruct light to or ventilation of structures or the ready use of the setbacks for ingress or egress:

a.

The front or rear setback by four feet

b.

A side setback by three feet.

3.

Ornamental garden and landscaping structures without roofs (e.g., fountains, elevated ponds, planters) may be located within the front and side setbacks provided the feature is either:

a.

Less than 30 inches high, or

b.

Covers an area of 50 square feet or less and is less than either six feet in height and, if located within a vision clearance area, is consistent with the regulations of Subsection 35.430.090.I (Vision clearance).

4.

Decks less than 32 inches in vertical distance as measured from finished grade to the top of the decking material may be located within the front or side setback unless located in a designated Environmentally Sensitive Habitat area.

5.

Pedestals supporting utility meters no greater than four feet in height and 24 square feet in area may be located in a front or side setback provided they are completely screened from view from any public or private street and adjoining lots.

(Ord. No. 5239, § 3, 2-11-2025)

Solar energy systems located on the roof of an existing structure and freestanding solar energy systems are exempt from design review and do not require planning permit approval; however, such systems do require the issuance of a Building Permit, Electrical Permit, Plumbing Permit and/or Solar Use Permit, as applicable, in compliance with Chapter 10 (Building Regulations) of the County Code.

A.

Solar Use Permit. If the Building Official has a good faith belief that the solar energy system could have a specific, adverse impact upon the public health and safety, the Building Official may require the applicant to additionally apply for a Solar Use Permit in compliance with this Subsection. The decision of the Building Official to require the applicant to apply for a Solar Use Permit may be appealed to the Commission in compliance with Chapter 35.492 (Appeals).

1.

Contents of application. An application for a Solar Use Permit shall be submitted in compliance with Chapter 35.470 (Permit Application Filing and Processing).

2.

Processing.

a.

The Building Official shall review the Solar Use Permit application for compliance with this Development Code and approve, conditionally approve, or deny the request.

(1)

The Building Official shall not deny an application for a Solar Use Permit unless the Building Official makes written findings based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The findings shall include the basis for the rejection of potential feasible alternatives of preventing the adverse impact.

b.

The action of the Building Official to approve, conditionally approve, or deny an application for a Solar Use Permit is final subject to appeal in compliance with Chapter 35.492 (Appeals).

c.

No entitlement for development (e.g., building permit) shall be granted prior to the effective date of the Solar Use Permit. A Solar Use Permit shall not be issued and deemed effective:

(1)

Prior to the expiration period of the appeal period, or, if appealed, prior to final action on the appeal by the review authority in compliance with Chapter 35.492 (Appeals).

(2)

Until all conditions of the Solar Use Permit that are required to be satisfied prior to issuance of the Solar Use Permit have been satisfied.

(3)

Until all necessary prior approvals have been obtained.

d.

Notice of the approval or conditional approval of a Solar Use Permit shall be given in compliance with Section 35.496.050 (Land Use Permits).

3.

Findings required for approval. A Solar Use Permit application shall be approved or conditionally approved only if the Building Official first makes all of the following findings. In compliance with the limitation on the ability of the Building Official to deny an application for a Solar Use Permit contained in Subsection B.1.b, the Building Official may approve the application subject conditions that will provide the basis for making the following findings.

a.

The proposed installation will not have a specific, adverse impact upon the public health or safety.

b.

The proposed installation conforms with the applicable provisions of this Development Code or falls within the limited exception allowed in compliance with Chapter 35.491 (Nonconforming Uses, Structures, and Lots).

c.

The proposed installation is on a legally created lot.

d.

The subject property is in compliance with all laws, regulations, and rules pertaining to uses, subdivisions, setbacks, and any other applicable provisions of this Development Code and any applicable zoning violation enforcement and processing fees have been paid. This Subsection shall not be interpreted to

impose new requirements for legal nonconforming uses and structures in compliance with Chapter 35.491 (Nonconforming Uses, Structures, and Lots).

4.

Permit expiration.

a.

A Solar Use Permit shall remain valid only as long as compliance with all applicable provisions of this Development Code and the Solar Use Permit conditions continues.

B.

Conditions. Any conditions imposed on an application to install a solar energy system, including a Solar Use Permit, which are required to mitigate a specific, adverse impact upon the public health and safety shall be designed to mitigate the specific, adverse impact upon the public health and safety at the lowest cost possible.

35.430.170 - Solid Waste and Recycling Storage Facilities

A.

Purpose. This Section provides standards which recognize County support for and compliance with the California Solid Waste Reuse and Recycling Access Act (Public Resources Code Section 42900 through 42911).

B.

Applicability. These requirements apply to the following projects:

1.

Non-residential development. Any new, non-residential development including commercial, industrial, or institutional buildings, or marina or any changes to such an existing non-residential development which requires a building permit.

2.

Residential building. Any new residential building having five or more dwelling units or any changes to such an existing residential building which requires a building permit.

3.

Residential development. Any new residential project where solid waste is collected and loaded in a location serving five or more dwelling units, or any changes to an existing residential project which requires a building permit.

One-family subdivision. Any subdivision of one-family detached dwellings if, within such subdivisions there is an area where solid waste is collected and loaded in a location which serves five or more dwelling units. In such instances, recycling areas as specified in this Section are only required to serve the needs of the dwelling units which utilize the solid waste collection and loading area.

5.

Public facility. Any new public facility where solid waste is collected and loaded and any improvements for areas of a public facility used for collecting and loading solid waste.

C.

Standards for storage areas. All projects identified in Subsection B (Applicability) above, shall be required to provide solid waste areas specifically identified for the storage of both trash and recycling containers in compliance with the following.

1.

Functional use. Solid waste enclosures shall be properly located, exterior of living space, for functional use by occupants and by the disposal and hauling companies providing collection services.

2.

Size and location. The exact size and location of the solid waste and recycling facilities storage areas shall be determined by the review authority on a case-by-case basis taking into account types and quantities of recyclable materials to be generated by the proposed land use and by the mode of collection.

3.

Screening requirements. Solid waste enclosures shall be constructed to be as inconspicuous as possible and, in accordance with Santa Barbara County Code Chapter 17; the contents of enclosures shall be screened from public view.

D.

Solid Waste Management Plan. A Solid Waste Management Plan shall be developed by the permittee as directed by the County Solid Waste Management Plan Guidelines, and may require review and approval by the County Public Works Department prior to the issuance of building permits by the Department.

A.

Applicability. The following development redevelopment is subject to the requirement that projectappropriate controls are in place to prevent or minimize water quality impacts:

1.

Residential subdivisions with 10 or more dwelling units.

Commercial development of 0.5 acres or greater.

3.

Parking lots of 5,000 square feet or more or have 25 or more parking spaces and are potentially exposed to storm water runoff.

4.

Automobile repair shops.

5.

Retail gasoline outlets.

6.

Restaurants.

7.

One-family dwellings located on slopes of 20 percent or greater.

8.

Any new development or redevelopment exceeding one acre.

B.

Processing. No permit for any development listed in Subsection A (Applicability) above, shall be approved except in compliance with the Comprehensive Plan, and the California Environmental Quality Act if applicable.

A.

Minimum lot size. Except as otherwise permitted in this Development Code, no lot held under separate ownership at the time of adoption of this Development Code shall be separated in ownership or reduced in size below the minimum lot width or area required by the applicable zone, or other applicable provisions of this Development Code, nor shall any lot having a width or area less than that required by this Development Code be further reduced in any manner.

B.

Area of lots.

Lot reconfiguration. Two or more legal lots with insufficient area to meet the minimum lot area requirements of the applicable zone may be combined or resubdivided provided:

a.

All other regulations of this Development Code and County Code Chapter 21 are complied with;

b.

The combined or resubdivided lots are as large or larger than the original lots; and

c.

The minimum area of each new lot is 7,000 square feet.

C.

Measurement of lot area.

1.

The lot area or building site area of a lot shall be as defined in Division 35.10 (Glossary), provided that:

a.

In any zone in which portions of a street right-of-way are specifically excluded, the lot or building site area of a lot shall be exclusive of the portion of the lot within the street right-of-way.

b.

For the purpose of computing the lot area or building site area of a lot in any zone, any portion of a driveway or easement less than 40 feet in width and reserved for access to a public street, the length of which portion is not adjacent to any front, side, or rear yard of said lot shall be excluded.

2.

For the purpose of computing the lot area or building site area of any lot, the boundaries of the lot shall be the boundaries established by the latest recorded deed, subdivision map, etc., provided that the recorded document does not create or attempt to create a lot in violation of any applicable California or County law or ordinance.

D.

Measurement of lot width. For the purpose of computing the width of a lot having side lines that are not parallel, the lot width shall be the average width of the lot. An easement or corridor connecting the major portion of an irregularly shaped lot to a street shall not be used for the purpose of computing lot width.

CHAPTER 35.431 - QUALIFYING HOUSING STREAMLINED REVIEW