§ 35.438

The purpose of this Chapter is to promote the public health, safety, and welfare through a comprehensive system of reasonable, effective, consistent, content-neutral, and nondiscriminatory sign standards and requirements. More specifically, this Chapter is intended to:

A.

Balance public and private objectives by allowing adequate avenues for both commercial and noncommercial messages;

B.

Allow signs to serve as an effective channel of communication while preventing visual clutter that will detract from the aesthetic character of the County;

C.

Maintain and enhance the County's appearance by regulating the location, number, type, quality of materials, size, illumination, and maintenance of signs;

D.

Restrict signs that may create a nuisance to nearby properties, violate privacy, or create hazards or unreasonable distractions for pedestrians or drivers;

E.

Provide clear and unambiguous sign standards that enable fair and consistent enforcement; and

F.

Ensure that the constitutionally guaranteed right of free speech is protected.

See "Signs" within Division 35.10 (Glossary) for definitions related to signage as used within this Chapter.

(Ord. No. 5239, § 4, 2-11-2025)

The provisions of this Chapter apply to all signs in all zones, erected, constructed or physically altered on or after the effective date of the Ordinance amending this Chapter, unless otherwise specified.

A.

Message Neutrality. It is the County's policy and intent to regulate signs in a manner consistent with the U.S. and California constitutions, which is content neutral as to non-commercial speech and does not favor commercial speech over non-commercial speech.

B.

Registered Mark. The provisions of this Chapter shall not require alteration of the display of any registered mark, trademark, service mark, trade name, or corporate name that may be associated with or incorporated into a registered mark, where such alteration would require the registered mark to be displayed in a manner differing from the mark as exhibited in the certificate of registration issued by the United States Patent and Trademark Office. It is the responsibility of the applicant to establish that a proposed sign includes a registered mark.

C.

Noncommercial Signs. Non-commercial signs are allowed wherever commercial signage is permitted and are subject to the same standards and total maximum allowances per site or building of each sign type specified in this Chapter. For purposes of this Chapter, all non-commercial speech messages are deemed to be "on-site," regardless of location.

(Ord. No. 5239, § 4, 2-11-2025)

The following signs are exempt from the permit requirements of this Chapter, do not count towards the maximum number of signs or maximum sign area, and may be located in setback areas, provided that they are erected on an allowed and, where applicable, permitted, structure and conform to the specified standards.

A.

Address Signs. Required address identification signs that are in conformance with the Building Code.

B.

Commercial Displays on Vehicles. Displays that are part of the vehicle and related to the goods or services provided by the vehicle owner or operator and public transit/public carrier graphics on properly licensed buses, taxicabs, and similar vehicles for hire that legally pass through the County.

C.

Construction Signs. Nonilluminated construction informational signs not to exceed eight square feet per site, erected after the required permits for the construction have been obtained and removed prior to final inspection.

D.

Directional Signs. Non-illuminated directional signs not more than eight square feet in area or four feet in height for the direction of the public such as outlining/assisting vehicle and pedestrian circulation within a

site, to ingress and egress, and to facilities such as restrooms, telephones, walkways, and other similar features.

E.

Flags. Flags that do not display a commercial message.

F.

Gas Pump Signs. Signs on or within five feet of a gas pump.

G.

Government Signs. Signs and devices erected by a governmental entity, including, but not limited to, Santa Barbara County and public schools.

H.

Historic Plaques and Commemorative Signs. Historic plaques, memorial signs or tablets, or commemorative signs indicating names of buildings and dates of building erection, either attached to or cut into the surfaces of buildings, with a maximum allowable sign area of four square feet per sign.

I.

Informational Signs. Informational signs not more than two square feet in area indicating information such

as hours and days of operation, whether a business is open or closed, payment information, crop identification, and emergency address and telephone numbers.

J.

Interior Signs. Signs that are in the interior areas of a building and at least 12 inches from a window, door, or other exterior wall opening.

K.

Manufacturer's Mark. Manufacturer's marks, including signs on items such as vending machines, gas pumps, and ice containers with a maximum allowable sign area of four square feet per sign.

L.

Nameplate. One nameplate for each tenant or occupant not to exceed two square feet in area indicating the name of the occupant or tenant.

M.

No Trespassing Signs. "No Trespassing" signs not more than one square foot in area and located a minimum of 50 feet from any other "No Trespassing" sign or in compliance with the requirements of law.

N.

Official and Safety Signs. Official notices issued by a court, public body, or office and posted in the performance of a public duty; safety and other notices posted by a utility or other quasi-public agency; signs erected by a governmental body to direct or regulate pedestrian or vehicular traffic; non-commercial bus stop signs erected by a public transit agency, or other signs required for safety or authorized by law.

O.

Open House Directional Signs. Up to four off-site signs directing the public to "open house" events for the viewing of lots, premises, dwellings or structures that are for sale, lease, or rent, are permitted on private land, provided they comply with the following standards:

1.

No sign or signs exceeds four square feet in area, or three feet in height from finished grade.

2.

The sign or signs may not be placed more than two hours before the start or remain more than two hours after the conclusion of the open house event.

P.

Political, Social Issue, and Other Noncommercial Signs. Signs informing of political candidates, parties, issues, measures, propositions, philosophies or personal beliefs, and which are not commercial messages, shall be exempt from all regulations of this Chapter, except that such signs shall not be placed within the public right-of-way. Political signs shall conform to the requirements of the California State Code for placement and removal.

Q.

Real Estate Signs. One nonilluminated, on-site sign pertaining to the sale, lease, or rental of a structure or land, not exceeding six square feet in a Residential Zone or 25 square feet in any zone other than a Residential Zone.

R.

Subdivision Signs. The following signs are allowed on the site of a subdivision of five or more lots where a Tentative Map has been approved by the County.

1.

One nonilluminated, on-site sign per street frontage with a maximum size of 32 square feet per sign is allowed for a maximum of one-year period.

2.

One nonilluminated lot identification sign per undeveloped lot containing only the subdivision lot number, with a maximum size of one square foot, is allowed until the subject lot is sold.

S.

Temporary Signs.

1.

Temporary Window Signs. Temporary window signs not exceeding four square feet or 15 percent of the window area, whichever is greater, displayed for a maximum of 30 consecutive days.

2.

Temporary Event Balloons, Inflatable Signs, Streamers, Pennants and Other Attention-Getting Devices. Balloons, banners, inflatable signs, streamers, pennants, and other attention-getting devices associated with a temporary event. The balloons, inflatable signs, streamers, pennants, and other attention-getting devices shall be erected no more than five days prior to the associated temporary event and shall be removed within 24 hours after the end of the associated temporary event.

3.

Other Temporary Signs. Other temporary signs, including garage and yard sale signs, not exceeding six square feet displayed for a maximum of 30 consecutive days. A maximum of two temporary signs may be displayed at the same time on a single site.

(Ord. No. 5239, § 4, 2-11-2025)

Unless otherwise permitted by a specific provision of this Chapter, the following sign types are prohibited:

A.

Animated or Moving Signs. Animated, flashing, blinking, reflecting, revolving, or other similar sign with visibly moving or rotating elements or visible mechanical movement of any kind except when integrated into a gas pump.

B.

Balloons, Inflatable Signs, Streamers, Pennants and Other Attention-Getting Devices. Balloons, inflatable signs, streamers, pennants, and other attention-getting devices, made of light-weight fabric or similar material, designed to rotate or move with the wind, that direct, promote, or that are otherwise designed to attract attention.

C.

Mobile Billboards. Any sign carried or conveyed by a vehicle for the primary purpose of general advertising for hire. This prohibition eliminates mobile billboard advertising within the County to reduce traffic congestion, promote the safe movement of vehicular traffic, to reduce air pollution, and improve the aesthetic appearance of the County. This prohibition does not apply to displays that are part of the vehicle and related to the goods or services provided by the vehicle owner or operator or to public transit/public carrier graphics on properly licensed buses, taxicabs, and similar vehicles for hire that legally pass through the County.

D.

Off-Site Signs. Any sign advertising any activity, business, product, or service that are not conducted on the premises upon which the sign is located.

E.

Roof Signs. Signs constructed upon or over a roof; placed on a rooftop structure such as penthouse walls, chimneys, or mechanical enclosures; or placed so as to extend above the roofline or parapet.

F.

Signs Located in the Public Right-of-Way or on Public Property. Other than official government signs or warning signs required by law, no inanimate sign may be placed in or project into the public right-of-way or on public property unless authorized by an encroachment permit.

G.

Signs Affixed to Trees. Signs affixed to or cut into trees or other living vegetation.

H.

Signs on Terrain. Signs cut, burned, marked, or displayed in any manner on a street, sidewalk, cliff, hillside, or other terrain feature.

I.

Signs Creating Traffic or Pedestrian Safety Hazards. Signs placed, located, or displayed in such a manner as to constitute a traffic or pedestrian safety hazard. This includes, but is not limited to:

1.

Signs that obstruct use of any door, window, or fire escape.

2.

Signs that impede normal pedestrian use of public sidewalks. A minimum unobstructed width of four feet must always be maintained.

3.

Signs that constitute a traffic hazard or obstruct the view of traffic, any authorized traffic sign, or signal device.

4.

Signs that create confusion or conflict with any authorized traffic sign or signal device due to color, location, wording, or use of specific phrases, symbols, or characters.

J.

Signs Producing Noise or Emissions. Signs producing visible smoke, vapor, particles, odor, noise, or sounds that can be heard at the property line shall be prohibited. This prohibition excludes menu boards with voice units at Drive-Through Facilities and signs erected for public safety, including, but not limited to, pedestrian crossing signs.

K.

Signs for Prohibited Uses. A sign displaying a commercial message promoting a business that is a prohibited use and has not been established as a legal nonconforming use.

L.

Unauthorized Signs. Signs shall not be placed on private or public property without the permission of the property owner.

(Ord. No. 5239, § 4, 2-11-2025)

A.

Measuring Sign Area. The area of a sign face includes the entire area within the perimeter of a maximum of two squares and/or rectangles that enclose the extreme limits of the frame or outline of the sign copy, or where there is no frame or outline, letters, pictures, symbols, logos, artwork, emblems, color, or other details conveying a message. Supporting structures, such as sign bases and columns, are not included in sign area provided that they contain no lettering or graphics. The area of an individual sign shall be calculated as follows.

==> picture [360 x 180] intentionally omitted <==

Figure 3-11 - Measuring Sign Area

1.

Single-Faced Signs. The sign area of a sign with a single face area is the area of the sign face.

Double-Faced Signs. Where two faces of a double-faced sign are located two feet or less from one another at all points, or located at an interior angle of 45 degrees or less from one another, the sign area of doublefaced signs is computed as the area of one face. Where the two faces are not equal in size, the larger sign face will be used. Where two faces of a double-faced sign are located more than two feet or greater than 45 degrees from one another, both sign faces are counted toward sign area.

==> picture [360 x 103] intentionally omitted <==

Figure 3-12 - Measuring Double-Faced Signs

3.

Multi-Faced Signs. On a three-faced sign, where at least one interior angle is 45 degrees or less, the area of two faces (the largest and smallest face) must be summed to determine sign area. In all other situations involving a sign with three or more sides, sign area will be calculated as the sum of all faces.

==> picture [360 x 91] intentionally omitted <==

Figure 3-13 - Measuring Multi-Faced Signs

4.

Three-Dimensional (3D) Signs. Signs that consist of, or have attached to them, one or more threedimensional objects (i.e., balls, cubes, clusters of objects, sculpture, or statue-like trademarks), may have a sign area that is the sum of all areas using the four vertical sides of the smallest rectangular prism that will encompass the sign.

==> picture [360 x 186] intentionally omitted <==

Figure 3-14 - Measuring 3D Signs

B.

Measuring Sign Height. The height of a sign is the vertical distance from the uppermost point used to measure sign area to the existing grade immediately below the sign.

C.

Measuring Sign Clearance. Sign clearance shall be measured as the smallest vertical distance between finished grade and the lowest point of the sign, including any framework or background embellishments.

D.

Street Frontage. The length of street frontage is measured along the property line adjacent to the public right-of-way.

E.

Building Frontage. Building frontage shall be measured as the widest lineal dimension, parallel to the ground, of a continuous frontage. A building's frontage is considered continuous if projections or recesses in a building wall do not exceed 10 feet in any direction.

==> picture [360 x 231] intentionally omitted <==

Figure 3-15 - Building Frontage

(Ord. No. 5239, § 4, 2-11-2025)

35.438.060 - General Provisions

This Section establishes general standards that apply to all sign types and in all zone districts.

A.

Applicable Codes. In addition to complying with the provisions of this Section, all signs must be constructed in accordance with applicable construction, sign, and building codes and all other applicable laws, rules, regulations, and policies.

B.

Materials. Signs shall be made of sturdy, durable materials. Paper, cardboard and other materials subject to rapid deterioration shall be limited to temporary signs. Signs made of fabric are limited to awnings, canopies, flags, and temporary signs.

C.

Minimum Sign Clearance. Signs shall have a minimum of eight feet clearance when located above any walkway or other area people may walk.

D.

Illumination. Where allowed, all sign illumination shall be consistent with Section 35.430.120 (Outdoor

Lighting).

E.

Changeable Copy.

Manual Changeable Copy. Manually changeable copy is allowed.

2.

Automatic Changeable Copy and Electronic Message Center Signs. Electronic Message Center (EMC) signs and automatic changeable copy in which copy can be changed or altered by electric, electromechanical, electronic, or any other artificial energy means, are allowed subject to the following standards.

a.

Limitations. Electronic Message Center (EMC) signs and automatic changeable copy are limited to institutional signs and as fuel price signs at service stations.

b.

Display Duration. The display shall change no more frequently than once every eight seconds and must have an unlighted interval between copy displays of 0.3 seconds or more.

c.

Static Message. Displays shall contain static messages only, and shall not have movement, or the appearance or optical illusion of movement, of any part of the sign structure, design, or pictorial segment of the sign, including the movement or appearance of movement of any illumination, or the flashing, scintillating or varying of light intensity.

d.

Light Intensity. EMC signs shall have a maximum light intensity of 0.3 foot-candles over ambient lighting conditions when measured at a distance equal to the square root of 100 times the area of the sign in square feet. All electronic copy must be equipped with a sensor or other device that automatically determines the ambient illumination and is programmed to automatically dim according to ambient light conditions, or that can be adjusted to comply with the 0.3 foot-candle measurements.

e.

Automatic Controls. All electronic message displays shall be equipped with automatic controls to allow for adjustment of brightness based on ambient lighting conditions.

(Ord. No. 5239, § 4, 2-11-2025)

35.438.070 - Signage Allowances and Standards

Table 35.438.070 (Signage Allowances and Standards) establishes signage allowances for specific uses and development and standards applicable to specific sign types.

Table 35.438.070: Signage Allowances and Standards

(Ord. No. 5239, § 4, 2-11-2025)

35.438.080 - Modification to Sign Standards

Modifications to the standards established in this Chapter are allowed in compliance with Section 35.472.130 (Overall Sign Plans).

(Ord. No. 5239, § 4, 2-11-2025)

35.438.090 - Permit Requirements

A.

Sign Certificate of Conformance Required. A Sign Certificate of Conformance in compliance with Section 35.472.150 (Sign Certificates of Conformance) shall be required for all non-exempt signs. Except as otherwise expressly provided in this Chapter, it is unlawful for any person to affix, place, erect, suspend, attach, construct, structurally or electrically alter (not including a face change of sign copy), move, or display any temporary or permanent sign within the County without first obtaining a Sign Certificate of Conformance in compliance with Section 35.472.150 (Sign Certificates of Conformance).

B.

Overall Sign Plan. An Overall Sign Plan in compliance with Section 35.472.130 (Overall Sign Plan) shall be required for the following:

1.

Developments with four or more nonresidential tenants that will have individual signs.

C.

Design Review. Design review in compliance with Section 35.472.070 (Design Review) is required for Overall Sign Plans, for signs that are part of a project that otherwise requires Design Review, and as required pursuant to any other provision of this Code.

D.

Application. The required permit application shall be filed in compliance with Section 35.470.030 (Application Preparation and Filing).

(Ord. No. 5239, § 4, 2-11-2025)

35.438.100 - Nonconforming Signs

A.

Continuance and Maintenance. The use of a nonconforming sign may be continued, maintained, altered, reconstructed, and restored pursuant to Section 35.491.030, Nonconforming Structures.

B.

Removal. Whenever a nonconforming sign has been abandoned, or the use of the property has been discontinued for a continuous period of at least 12 consecutive months, the nonconforming sign must be removed.

(Ord. No. 5239, § 4, 2-11-2025)

35.438.110 - Maintenance

Each sign displayed within the County, including exempt signs, shall be maintained to comply with the following standards:

A.

Graffiti on a sign shall be removed within seven days of notice of its placement on the sign.

B.

The display upon any sign area of a sign shall be maintained in good condition, without rips, tears, and/or similar damage.

C.

All parts, portions, units and materials composing a sign, together with the frame, background, surface, support or enclosure shall be maintained in a safe condition, painted, and adequately protected from weathering with all braces, bolts and structural parts and supporting frames and fastenings reasonably free from deterioration, rot, rust, and loosening so that they do not create a hazard to persons or property or constitute a nuisance.

D.

Any sign or sign structure that is sagging, leaning, fallen, decayed, broken, deteriorated, or in dilapidated condition shall be promptly repaired, to the satisfaction of the County, or removed.

E.

Whenever any sign, by virtue of its physical nature and condition, poses an immediate and serious threat to the public safety, the sign may be removed by County personnel, or its physical deficiency cured, to the extent necessary to protect the public safety. The cost of such removal or repair shall be assessed against the sign or property owner.

F.

An on-premise sign identifying an activity, business, service or product shall be removed within 30 days following the discontinuance of the activity, business, service or product. If the sign is not so removed, the Director may have the sign removed in accordance with the public nuisance abatement provisions of this Code.

(Ord. No. 5239, § 4, 2-11-2025)

35.438.120 - Violation and Enforcement of Sign Regulations

A.

Violations. A sign set up, applied, erected, constructed, altered, affixed, repaired, installed, relocated, enlarged, converted, maintained, or projected as an image contrary to the provisions of this Chapter, shall be and is declared to be unlawful and a public nuisance and shall be subject to the provisions of Chapter 35.398 (Enforcement and Penalties).

B.

Enforcement. Enforcement of the provisions of this Chapter shall be in compliance with Chapter 35.398 (Enforcement and Penalties).

(Ord. No. 5239, § 4, 2-11-2025)

DIVISION 35.4 - Montecito Standards for Specific Land Uses CHAPTER 35.442 - STANDARDS FOR SPECIFIC LAND USES

35.442.010 - Purpose and Applicability

A.

Purpose. This Chapter provides site planning, development, and/or operating standards for certain land uses allowed by Division 35.2 (Montecito Zones and Allowable Land Uses) within individual or multiple zones that require special standards.

B.

Applicability. A land use and/or activity addressed by this Chapter shall comply with the provisions of each Section applicable to the specific use, in addition to all other applicable provisions of this Development Code.

1.

Where allowed. The uses that are subject to the standards in this Chapter shall be located only where allowed by Division 35.2 (Montecito Zones and Allowable Land Uses).

2.

Planning permit requirements. The uses that are subject to the standards in this Chapter shall be authorized by the planning permit required by Division 35.2 (Montecito Zones and Allowable Land Uses), except where a planning permit requirement is established by this Chapter for a specific land use.

3.

Development standards. The standards for specific uses in this Chapter supplement and are required in addition to those in Division 35.2 (Montecito Zones and Allowable Land Uses) and Division 35.3 (Montecito Site Planning and Other Project Standards). In the event of any conflict between the requirements of this Chapter and those of Division 35.2 or Division 35.3, the requirements of this Chapter shall control.

35.442.015 - Accessory Dwelling Units and Junior Accessory Dwelling Units

A.

Purpose and intent. The purpose of this Section is to establish procedures and development standards for attached and detached accessory dwelling units and junior accessory dwelling units in compliance with California Government Code Sections 66310-66342. The intent is to encourage the development of accessory dwelling units and junior accessory dwelling units that contribute needed housing to the County's housing stock.

B.

Applicability. An accessory dwelling unit or junior accessory dwelling unit may be allowed on a lot in compliance with Table 2-1 (Allowed Land Uses and Permit Requirements for Resource Protection Zone), Table 2-4 (Allowed Land Uses and Permit Requirements for Residential Zones), and Table 2-8 (Allowed Land Uses and Permit Requirements for Commercial Zones).

C.

Allowed use. As required by Government Code Section 66319, an accessory dwelling unit shall:

Be deemed to be an accessory use or an accessory building.

2.

Not be considered to exceed the allowable density for the lot on which it is located.

3.

Be deemed to be a residential use that is consistent with the existing Comprehensive Plan land use designation and applicable zone for the lot on which the accessory dwelling unit is located.

4.

Not be considered in the application of any local ordinance, policy, or program to limit residential growth.

D.

Application and processing requirements.

1.

Building Permit and other approvals. Accessory dwelling units and junior accessory dwelling units shall be allowed with a Building Permit and any other necessary approvals when in compliance with the provisions of this Section 35.442.015 (Accessory Dwelling Units and Junior Accessory Dwelling Units), as applicable.

2.

Ministerial review and permit processing deadline. The Building Official shall consider a Building Permit application for an accessory dwelling unit or junior accessory dwelling unit ministerially without discretionary review or hearing within 60 days from the date a complete application is submitted to the Department. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay.

a.

New one-family dwelling, multiple-family dwelling, or accessory structure. If an application for an accessory dwelling unit or junior accessory dwelling unit is submitted concurrently with an application for a new onefamily dwelling, multiple-family dwelling, or accessory structure on the lot, the Department may delay acting on the application for the accessory dwelling unit or junior accessory dwelling unit until the Department acts upon the application for the one-family dwelling, multiple-family dwelling, or accessory structure.

b.

Final building permit inspection. Final building permit inspection for the proposed principal dwelling shall be approved prior to final building permit inspection approval for the accessory dwelling unit.

3.

Conflicts with other Sections of this Development Code. Where there are conflicts between the standards in this Section 35.442.015 (Accessory Dwelling Units and Junior Accessory Dwelling Units), the standards in Section 35.442.020 (Accessory Structures and Uses), and the standards in the specific zone regulations Division 35.2 (Montecito Zones and Allowable Land Uses)), the provisions of this Section shall prevail.

4.

Development impact mitigation fees. Except as provided in Subsection 4.a, below, the applicant shall pay development impact mitigation fees in compliance with ordinances and/or resolutions in effect at the time the fees are paid. The amount of the required fee shall be determined by adopted fee resolutions and ordinances and applicable law in effect when paid, provided that the fee is charged proportionately in relation to the square footage of the principal dwelling.

a.

The applicant shall not be required to pay development impact mitigation fees for an accessory dwelling unit of less than 750 square feet or a junior accessory dwelling unit.

5.

Floor area. As used in this Section 35.442.015 (Accessory Dwelling Units and Junior Accessory Dwelling Units), "floor area" means the floor area within the inside perimeter of the exterior walls of the building under consideration without deduction for corridors, stairways, ramps, closets, the thickness of interior walls, columns, or other features.

a.

Architectural Feature. An attached, un-inhabitable architectural feature (e.g., covered entry, covered patio, deck, balcony, etc.) may be allowed in addition to the floor area of the accessory dwelling unit. The architectural feature(s) shall be subordinate to the accessory dwelling unit and limited to a cumulative square footage total of 20% of the floor area of the accessory dwelling unit. The square footage calculation shall be measured as the roof area (covered) or the footprint (uncovered). The square footage shall be capped at a maximum of 240 square feet for existing structures converted to an accessory dwelling unit that exceed 1,200 square feet in floor area. The height of the feature(s) shall not exceed the roofline of the accessory dwelling unit. Architectural feature(s) do not include attached garages, storage rooms, laundry rooms, and other enclosed spaces or unenclosed amenities. Architectural feature(s) shall comply with the setback requirements applicable to the accessory dwelling unit on the lot, provided that upper story unenclosed landings, decks, and balconies greater than 20 square feet shall be located a minimum of 10 feet from side, rear, and interior lot lines unless landscape screening with a six-foot minimum height is provided along the perimeter.

6.

Modifications. An accessory dwelling unit or junior accessory dwelling unit that does not comply with the requirements of this Section 35.442.015 (Accessory Dwelling Units and Junior Accessory Dwelling Units) may be allowed with the approval of a Modification in compliance with Section 35.472.120 (Modifications), provided that the applicant requests a delay and tolls the 60-day processing time period until final action is taken on the Modification.

7.

Nonconforming zoning conditions. The correction of nonconforming conditions shall not be required as a condition of approval of an accessory dwelling unit or junior accessory dwelling unit. As used in Section 35.442.015 (Accessory Dwelling Units and Junior Accessory Dwelling Units), "nonconforming zoning condition" means a physical improvement on a property that does not conform with the zoning standards of this Development Code.

8.

Variances. Variances shall not be granted for accessory dwelling units or junior accessory dwelling units.

9.

Residential second units. For purposes of this Section 35.442.015 (Accessory Dwelling Units and Junior Accessory Dwelling Units), a residential second unit previously permitted in compliance with this Development Code shall be considered the same as an accessory dwelling unit.

10.

Unpermitted existing development. For purposes of this Section 35.442.015 (Accessory Dwelling Units and Junior Accessory Dwelling Units), improvements to unpermitted existing development to accommodate an accessory dwelling unit or junior accessory dwelling unit shall be considered new development.

11.

Must Yield Provisions. Where the application of front setbacks stipulate that the standard must be complied with unless it would preclude development of an accessory dwelling unit of up to 800 square feet with side and rear setbacks of at least four feet, this standard must yield when there are no other physical locations to place an accessory dwelling unit on the lot without conflicting with other applicable provisions of this Section, such as height, setbacks, tree protection, grading, environmentally sensitive habitat areas, historic resources, and archaeological resources. A property owner's preference for a specific location on the lot does not constitute a reason to vary from objective standards. Nothing in this subsection shall be interpreted to apply new standards to an accessory dwelling unit developed in accordance with Subsection E, below that do not already apply. If encroachment into the front setback is required, it shall be the minimum necessary to accommodate the project.

E.

Accessory dwelling units located within residential zones. This Subsection E provides standards for certain accessory dwelling units in accordance with Government Code Section 66323(a). An accessory dwelling unit that complies with all of the following standards, as applicable, shall be allowed with a Building Permit and any other necessary approvals and shall not be subject to any other standards of this Development Code. An accessory dwelling unit that does not comply with this Subsection E may be allowed in compliance with Subsection F, below.

General standards. The following development standards shall apply to all accessory dwelling units allowed in compliance with this Subsection E:

a.

Zoning. The accessory dwelling unit shall be located within one of the following residential zones. For purposes of this Subsection E, a two-family dwelling (i.e., "dwelling, two-family," as defined in Section 35.500.020 (Definitions of Specialized Terms and Phrases)), shall be considered a multiple-family dwelling residential use.

Residential Zones

R-1/E-1 (One-Family Residential) R-2 (Two-Family Residential) DR (Design Residential) PRD (Planned Residential Development)

b.

Parking spaces not required. Parking spaces, including replacement parking spaces to satisfy the parking requirements for the principal dwelling, shall not be required for an accessory dwelling unit allowed in compliance with this Subsection E.

c.

Additional standards. The accessory dwelling unit shall comply with the standards of Subsection H, below.

2.

One accessory dwelling unit per lot located within a one-family dwelling or accessory structure. One accessory dwelling unit per lot located entirely (except as noted in 2.c.(1) below) within an existing or proposed one-family dwelling or an existing accessory structure shall be allowed with a Building Permit and any other necessary approvals when in compliance with all of the following development standards:

a.

Exterior access. The accessory dwelling unit shall have exterior access separate from the one-family dwelling.

b.

Lot requirements. The lot shall contain an existing or proposed one-family dwelling.

c.

Location. The accessory dwelling unit shall be located entirely within the existing or proposed one-family dwelling or existing accessory structure, except as provided below.

(1)

The accessory dwelling unit may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure and shall be limited to accommodating ingress and egress.

d.

Setbacks. The side and rear setbacks shall be sufficient for fire and safety purposes in compliance with the current, adopted edition of the California Fire Code and the California Building Code. The accessory dwelling unit shall also comply with the front setback requirements of the applicable zone, provided that this standard allow an accessory dwelling unit of up to 800 square feet to be constructed on the lot in compliance with other standards of this Section. All portions of the accessory dwelling unit, including eaves and roof overhangs, shall comply with these requirements.

e.

Junior accessory dwelling unit. An accessory dwelling unit that complies with the standards of this Subsection E.2 may be located on the same lot as a junior accessory dwelling unit that complies with the standards of Subsection G, below.

3.

One detached, new construction accessory dwelling unit per lot with a one-family dwelling. One detached, new construction accessory dwelling unit per lot with an existing or proposed one-family dwelling shall be allowed with a Building Permit and any other necessary approvals when in compliance with all of the following development standards:

a.

Lot requirements. The lot shall contain an existing or proposed one-family dwelling.

b.

Location. The accessory dwelling unit shall be located within a detached, new construction accessory building that is not attached to another accessory structure.

c.

Maximum floor area. The floor area of the accessory dwelling unit shall not exceed 800 square feet.

d.

Maximum height. The height of the accessory dwelling unit shall not exceed 16 feet as measured in compliance with Section 35.430.090 (Height Measurement, Exceptions and Limitations). For lots with an existing or proposed one-family dwelling that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Public Resources Code Section 21155, the height of the accessory dwelling unit shall not exceed a height of 18 feet.

e.

Setbacks. The accessory dwelling unit shall have side and rear setbacks of at least four feet and shall comply with the front setback requirements of the applicable zone, provided that this standard allows an accessory dwelling unit of up to 800 square feet to be constructed on the lot. For interior lots, standard interior lot setbacks applicable to a principal dwelling shall apply provided that this standard allows an accessory dwelling unit of up to 800 square feet to be constructed on the lot with minimum four foot interior setbacks in compliance with other standards of this Section. All portions of the accessory dwelling unit, including eaves and roof overhangs, shall comply with these requirements.

f.

Junior accessory dwelling unit. An accessory dwelling unit that complies with the standards of this Subsection E.3 may be located on the same lot as a junior accessory dwelling unit that complies with the standards of Subsection G, below.

4.

One or more accessory dwelling units per lot located entirely within an existing multiple-family dwelling or accessory structure. One or more accessory dwelling units located within an existing multiple-family dwelling or existing accessory structure shall be allowed with a Building Permit and any other necessary approvals when in compliance with all of the following development standards:

a.

Lot requirements.

(1)

The lot may contain at least one accessory dwelling unit and shall contain no more accessory dwelling units than 25 percent of the existing multiple-family dwelling units. For example, a lot containing eight multiple-family dwelling units may contain up to two accessory dwelling units.

(a)

Fractional units. If the number of allowed accessory dwelling units includes a fraction of a unit, any decimal fraction less than 0.5 shall be rounded down to the nearest whole unit and any decimal fraction of 0.5 or more shall be rounded up to the nearest whole unit.

(2)

The lot shall contain an existing multiple-family dwelling.

b.

Location. Each accessory dwelling unit shall be located entirely within the existing multiple-family dwelling or accessory structure that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, attics, basements, or garages.

Detached accessory dwelling units with an existing or proposed multiple-family dwelling. Up to eight detached accessory dwelling units per lot with an existing multiple-family dwelling or up to two detached accessory dwelling units per lot with a proposed multiple-family dwelling shall be allowed with a Building Permit and any other necessary approvals when in compliance with all of the following development standards:

a.

Lot requirements.

(1)

The lot shall contain no more than two accessory dwelling units with a proposed multiple-family dwelling.

(2)

On a lot with an existing multiple-family dwelling, the number of accessory dwelling units shall not exceed the number of existing units on the lot, up to a maximum of eight.

b.

Location. Each accessory dwelling unit shall be located entirely within an existing detached accessory structure or a detached, new construction accessory building.

c.

Maximum floor area. The gross floor area of a new construction accessory dwelling unit shall not exceed 1,200 square feet.

d.

Maximum height. The height of each accessory dwelling unit shall not exceed 16 feet as measured in compliance with Section 35.430.090 (Height Measurement, Exceptions and Limitations). For lots with an existing or proposed multiple-family dwelling that is multi-story or within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Public Resources Code Section 21155, the height of the accessory dwelling unit shall not exceed a height of 18 feet.

e.

Setbacks. The accessory dwelling unit(s) shall have side and rear setbacks of at least four feet and shall comply with the front setback requirements of the applicable zone, provided that this standard allow accessory dwelling units of up to 800 square feet to be constructed on the lot. For interior lots, standard interior lot setbacks applicable to a principal dwelling shall apply provided that this standard allows an accessory dwelling unit(s) of up to 800 square feet to be constructed on the lot with minimum four foot interior setbacks in compliance with other standards of this Section. All portions of the accessory dwelling unit(s), including eaves and roof overhangs, shall comply with these requirements.

F.

Accessory dwelling units located within zones that allow one-family or multiple-family residential use. This Subsection F provides standards for accessory dwelling units that do not comply with Subsection E above. An accessory dwelling unit that complies with all of the following standards, as applicable, shall be allowed with a Building Permit and any other necessary approvals.

1.

General standards. The following development standards shall apply to all accessory dwelling units allowed in compliance with this Subsection F:

a.

Zoning. The accessory dwelling unit shall be located within one of the following zones that allow one-family or multiple-family dwelling residential use. For purposes of this Subsection F, a two-family dwelling (i.e., "dwelling, two-family," as defined in Section 35.500.020 (Definition of Specialized Terms and Phrases)), shall be considered a multiple-family dwelling residential use.

b.

Lot requirements.

(1)

The lot shall contain no more than one accessory dwelling unit.

(2)

The lot shall contain an existing or proposed one-family dwelling or multiple-family dwelling.

2.

Exterior Access. The accessory dwelling unit shall have exterior access separate from the one-family dwelling.

3.

Appearance and style. The exterior appearance and architectural style of an accessory dwelling unit shall comply with the following:

a.

Conversion. Any exterior alterations to an existing building that result from the conversion of all or a portion of an existing building to an accessory dwelling unit shall be limited to minor alterations such as the addition of doors and windows.

b.

New construction.

(1)

The design of an accessory dwelling unit that will be attached to an existing building shall reflect the exterior appearance and architectural style of the existing building to which it is attached and use the same or comparable exterior materials, roof covering, colors, and design for trim, windows, roof pitch, and other exterior physical features.

(2)

Exterior lighting shall comply with Section 35.430.120 (Outdoor Lighting) and all of the following standards:

(a)

Each exterior lighting fixture shall not exceed 800 lumens if located within the Rural Area and 1,600 lumens if located within the Urban Area.

(b)

Landscape and pathway lighting fixtures shall not exceed four feet in height.

(3)

Proposed landscaping shall be comparable to existing landscaping on the lot in terms of plant species and density of planting.

4.

Environmentally sensitive habitat areas. The development of an accessory dwelling unit shall comply with the objective requirements of Section 35.428.040 (Environmentally Sensitive Habitat (ESH) Overlay Zone), provided that these standards allow an accessory dwelling unit of at least 800 square feet with four-foot side and rear setbacks to be constructed on the lot in compliance with all other applicable standards of this Section 35.442.015 (Accessory Dwelling Units and Junior Accessory Dwelling Units).

5.

Grading. Grading associated with an accessory dwelling unit, inclusive of any grading required to establish access, shall be limited to 250 cubic yards and the accessory dwelling unit shall be located on existing slopes of 20 percent or less under the footprint of the accessory dwelling unit, provided that this standard permits an accessory dwelling unit of up to 800 square feet with four-foot side and rear setbacks to be constructed on the lot in compliance with all other applicable standards of this Section 35.442.015 (Accessory Dwelling Units and Junior Accessory Dwelling Units).

Height limit.

a.

Conversion. An accessory dwelling unit located entirely within an existing one-family dwelling, multiplefamily dwelling, or accessory structure shall not be subject to a height limit.

b.

New construction.

(1)

Attached accessory dwelling units. The height of an attached accessory dwelling unit that is proposed to be located above another floor or on grade where there is no floor above shall be limited to 25 feet and two stories and shall not exceed the maximum allowable height limit for the principal dwelling in the applicable zone.

(2)

Detached accessory dwelling units.

(a)

One-story accessory dwelling units. The height of a detached, one-story accessory dwelling unit shall not exceed a vertical distance of 16 feet as measured in compliance with Section 35.430.090 (Height Measurement, Exceptions and Limitations). For lots with an existing or proposed one-family dwelling that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Public Resources Code Section 21155, the height of the accessory dwelling unit shall not exceed a height of 18 feet. If located above or below the floor of another accessory structure, the combined height shall not exceed a vertical distance of 25 feet.

(b)

Two-story accessory dwelling units. The height of a detached, two-story accessory dwelling unit shall not exceed a vertical distance of 25 feet as measured in compliance with Section 35.430.090 (Height Measurement, Exceptions and Limitations).

7.

Historic resources. An accessory dwelling unit shall not be located within, attached to, or located on the same lot as a structure listed in, or determined to be eligible for listing in the California Register of Historical Resources or the National Register of Historic Places, or a structure designated, or determined to be eligible for designation as a County Historic Landmark or County Place of Historic Merit unless the proposed accessory dwelling unit follows the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings (U.S. Department of the Interior, National Park Service, 2017) or the Secretary of the Interior's

Standards for Rehabilitation (36 CFR Part 67, 1990) and Guidelines for Rehabilitating Historic Buildings (Weeks and Grimmer, 1995), as may be amended. If a detached accessory dwelling unit is proposed to be located on the same lot as a historic or potentially historic structure described above, the applicant shall submit a written assessment from a Department-approved historian confirming that the proposed accessory dwelling unit shall be in conformance with this requirement.

8.

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

9.

Location. The accessory dwelling unit shall comply with the following:

a.

Conversion. The accessory dwelling unit shall be located entirely within an existing one-family dwelling, multiple-family dwelling, or accessory structure.

b.

Attached accessory dwelling unit. An attached accessory dwelling unit shall be located entirely or partially within an addition to a one-family dwelling, multiple-family dwelling, or an attached accessory structure.

c.

Detached accessory dwelling unit. A detached accessory dwelling unit shall be located entirely or partially within a proposed detached accessory structure or an addition to an existing detached accessory structure.

d.

Development envelope. If a development envelope has been recorded through a subdivision and the record demonstrates that the development envelope was established for the protection of public health and safety, then the accessory dwelling unit shall be located within the development envelope.

e.

Location on lot. A detached accessory dwelling unit shall comply with the following standards, provided that these standards allow an accessory dwelling unit of up to 800 square feet with four-foot side and rear

setbacks to be constructed on the lot in compliance with all other applicable standards of this Section 35.442.015 (Accessory Dwelling Units and Junior Accessory Dwelling Units):

(1)

Lots .5 acres or larger but less than two acres. For lots that are .5 acres or larger but less than two acres, a detached accessory dwelling unit shall not be located closer to the principal abutting street than the principal dwelling unless other zoning provisions such as setback requirements would prohibit compliance with this requirement.

(2)

Lots two acres or larger but less than 20 acres. For lots that are two acres or larger but not larger than 20 acres, a detached accessory dwelling unit shall not be located closer to any property line than the lesser of 100 feet or the distance from the principal dwelling to that property line unless other zoning provisions such as setback requirements, or the location of existing development on the lot including agricultural operations, would prohibit compliance with this requirement.

(3)

Lots larger than 20 acres. For lots that are larger than 20 acres, the location of a detached accessory dwelling unit is not restricted provided the location complies with zoning requirements such as applicable setback requirements or development envelopes.

10.

Maximum floor area. The floor area of the accessory dwelling unit shall not exceed the following standards, provided that these standards allow an accessory dwelling unit of up to 800 square with four-foot side and rear setbacks to be constructed on the lot in compliance with all other applicable standards of this Section 35.442.015 (Accessory Dwelling Units and Junior Accessory Dwelling Units):

a.

Conversion. The floor area of an accessory dwelling unit located entirely within an existing structure shall not exceed 1,200 square feet.

b.

New construction.

(1)

Lots of 15,000 net square feet or less. 850 square feet for an accessory dwelling unit that provides one bedroom or less and 1,000 square feet for an accessory dwelling unit that provides two or more bedrooms.

(2)

Lots greater than 15,000 net square feet. 1,200 square feet.

(3)

Attached accessory dwelling units. In addition to the floor area limits of Subsections F.10.b.(1) and (2), above, the floor area of an attached accessory dwelling unit shall not exceed 50 percent of the floor area of the principal dwelling that exists at the time of application for the accessory dwelling unit.

11.

Parking.

a.

Replacement parking spaces not required. Replacement parking spaces to satisfy the parking requirements of the principal dwelling shall not be required for an accessory dwelling unit allowed in compliance with this Subsection F.

b.

New construction. A new construction detached accessory dwelling unit shall comply with the following parking requirements:

(1)

Except as provided in Subsection F.11.b.(2), below, one parking space per accessory dwelling unit shall be required for a new construction detached accessory dwelling unit. The space may be provided in any of the following configurations:

(a)

Tandem parking on a driveway or in a location outside of the required setback areas.

(b)

On a driveway located within the front, side, or rear setback area.

(2)

A parking space shall not be required for a new construction detached accessory dwelling unit that complies with any of the following criteria:

(a)

The accessory dwelling unit is located within one-half mile walking distance of public transit (e.g., a bus stop).

(b)

The accessory dwelling unit is located within an architecturally and historically significant historic district.

(c)

On-street parking permits are required, but not offered to the occupant of the accessory dwelling unit.

(d)

A car share vehicle is located within one block of the accessory dwelling unit.

12.

Setbacks. The setbacks for an accessory dwelling unit shall not exceed the following standards, provided that these standards permit an accessory dwelling unit of up to 800 square feet with four-foot side and rear setbacks to be constructed on the lot in compliance with all other applicable standards of this Section 35.442.015 (Accessory Dwelling Units and Junior Accessory Dwelling Units):

a.

Conversion. No setbacks shall be required for an existing living area or accessory structure converted to an accessory dwelling unit or a portion thereof. For purposes of this Subsection F.12, "living area" means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

b.

New construction.

(1)

Except as provided in Subsections F.12.b.(2), below, the accessory dwelling unit shall comply with the front, side, and rear setback requirements that apply to accessory structures, provided that the accessory dwelling unit has side and rear setbacks of at least four feet. For interior lots, standard interior lot setbacks applicable to a principal dwelling shall apply provided that this standard allow an accessory dwelling unit(s) of up to 800 square feet to be constructed on the lot with minimum four foot interior setbacks in compliance with other standards of this Section. All portions of the accessory dwelling unit, including eaves and roof overhangs, shall meet these requirements.

(2)

No setbacks shall be required for a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit.

13.

Tree protection. A new construction attached or detached accessory dwelling unit shall comply with the following standards, provided that these standards allow an accessory dwelling unit of up to 800 square feet with four-foot side and rear setbacks to be constructed on the lot in compliance with all other applicable standards of this Section 35.442.015 (Accessory Dwelling Units and Junior Accessory Dwelling Units):

a.

All development associated with the accessory dwelling unit shall avoid the removal of or damage to all protected trees. For the purposes of this Subsection F.13, protected trees are defined as (1) mature and/or

(2) roosting/nesting trees that do not pose a threat to public health and safety. Non-native, invasive species are not protected if they are not roosting/nesting trees. Trees that are removed or damaged in order to accommodate an accessory dwelling unit up to 800 square feet shall be replaced onsite at a ratio of at least 5:1 with 15-gallon plantings or equivalent.

b.

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

G.

Junior accessory dwelling units. One junior accessory dwelling unit per lot located within an existing or proposed one-family dwelling shall be allowed with a Building Permit and other necessary approvals when in compliance with all of the following development standards:

1.

General standards.

a.

Zoning. The junior accessory dwelling unit shall be located within one of the following one-family zones or zones that allow one-family dwelling residential use:

b.

Lot requirements.

(1)

The lot shall contain no more than one junior accessory dwelling unit.

(2)

The lot shall contain an existing or proposed one-family dwelling.

c.

Additional standards. The junior accessory dwelling unit shall comply with the standards of Subsection H, below.

2.

Declaration of Restrictions. Prior to the issuance of a Building Permit for a junior accessory dwelling unit, the owner shall record a Declaration of Restrictions, which shall run with the land, in compliance with Section 35.472.050 (Recordable Documents). The owner shall record the Declaration of Restrictions with the County of Santa Barbara Clerk-Recorder and file the Declaration of Restrictions with the Department. The Declaration of Restrictions shall include both of the following:

a.

A prohibition on the sale of the junior accessory dwelling unit separate from the one-family dwelling, including a statement that the deed restriction shall be enforced against future purchasers; and

b.

A restriction on the size and attributes of the junior accessory dwelling unit that conforms with the standards of this Subsection G.

3.

Efficiency kitchen. The junior accessory dwelling unit shall have an efficiency kitchen that includes the following:

a.

A cooking facility with appliances, including at least a two-burner stove, sink, and freestanding refrigerator; and

b.

Food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit and not less than four feet in length.

4.

Exterior access. The junior accessory dwelling unit shall have separate exterior access from the one-family dwelling.

5.

Location. The junior accessory dwelling unit shall be located entirely within an existing or proposed onefamily dwelling or attached garage. The junior accessory dwelling unit shall not be located within any other attached or detached accessory structure.

6.

Maximum floor area. The floor area of the junior accessory dwelling unit shall not exceed 500 square feet.

7.

Owner-occupancy. Except as provided below in Subsection G.7.a, owner-occupancy shall be required for the junior accessory dwelling unit or the one-family dwelling in which the junior accessory dwelling unit is located.

a.

Owner-occupancy shall not be required if the owner of the junior accessory dwelling unit is a governmental agency, land trust, or housing organization.

8.

Parking.

No new or replacement parking spaces shall be required for a junior accessory dwelling unit allowed in compliance with this Subsection G.

9.

Sanitation facilities. The junior accessory dwelling unit shall include separate sanitation facilities or share sanitation facilities with the one-family dwelling. If shared, interior access to the main living area of the principal dwelling shall be required.

10.

Setbacks. The side and rear setbacks shall be sufficient for fire and safety purposes in compliance with the current, adopted edition of the California Fire Code and the California Building Code. The junior accessory dwelling unit shall comply with the front setback requirements of the applicable zone. All portions of the junior accessory dwelling unit, including eaves and roof overhangs, shall meet these requirements.

11.

Accessory dwelling unit. A junior accessory dwelling unit that complies with the standards of this Subsection G may be located on the same lot as an accessory dwelling unit that complies with the standards of Subsection E.2 or E.3, above.

H.

Additional standards that apply to all accessory dwelling units and junior accessory dwelling units. The following development standards shall apply to all accessory dwelling units and junior accessory dwelling units in addition to the development standards contained in Subsection E (Accessory dwelling units and junior accessory dwelling units located within residential or mixed-use zones), Subsection F (Accessory dwelling units located within zones that allow one-family or multiple-family uses), or Subsection G (Junior accessory dwelling units), as applicable.

1.

Minimum floor area. At a minimum, the floor area of an accessory dwelling unit or junior accessory dwelling unit shall be 250 square feet.

Passageway not required. A passageway, defined for the purposes of this section as a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit, shall not be required in conjunction with the construction of an accessory dwelling unit or junior accessory dwelling unit.

3.

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

4.

Kitchen. Except as provided in Subsection 35.420.015.G.3 above, an accessory dwelling unit shall provide complete independent living facilities for one or more persons, including permanent provisions for eating and cooking inclusive of the following.

a.

A cooking facility with appliances, including at least a range, sink, and freestanding refrigerator; and

b.

Food preparation counter and storage cabinets that are of reasonable size in relation to the size of the accessory dwelling unit and not less than four feet in length.

5.

Rental restrictions.

a.

An accessory dwelling unit or junior accessory dwelling unit may be used for rentals provided that the length of any rental is longer than 30 consecutive days.

b.

The use of an accessory dwelling unit or junior accessory dwelling unit as a Farmstay, Homestay, or ShortTerm Rental shall be prohibited in all zones.

6.

Sale restriction. Except as provided in Government Code Section 65852.26, an accessory dwelling unit or junior accessory dwelling unit shall not be sold or otherwise conveyed separate from principal dwelling(s). (Ord. No. 5193, §§ 2—6, 11-7-2023; Ord. No. 5232, §§ 1—6, 2-4-2025; Ord. No. 5239, § 5, 2-11-2025)

35.442.020 - Accessory Structures and Uses

A.

Purpose and applicability. This Section provides standards for accessory structures and uses, where allowed by Division 35.2 (Montecito Zones and Allowable Land Uses). Accessory structures, including agricultural accessory structures, shall comply with the requirements of this Section.

B.

Development standards.

1.

Sequence of construction. Except in agricultural zones, accessory structures shall not be constructed on a lot until construction of the principal structure has begun or the principal use has been established and commenced, and an accessory structure shall not be used unless the principal structure on a lot is also being used or the principal use has been established and commenced.

2.

Standards for attached structures. An accessory structure attached to the principal structure shall comply with the use, setback, and height requirements applicable to the principal structure.

3.

Height restrictions. Accessory structures shall conform to the following height limits:

a.

Accessory structures. Except as provided below, the height limit for accessory structures is 16.

(1)

Barns and stables. Barns and stables shall comply with the height limit of the applicable zone unless located in the rear setback, in which case the height limit is 12 feet.

(2)

Fences and walls. See Section 35.430.070 (Fences and Walls) for height limits for fences and walls.

(3)

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

(4)

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

b.

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

4.

Setback requirements. Detached accessory structures, including swimming pools, spas, and appurtenant equipment, shall comply with the front and side setback requirements of the applicable zone unless otherwise specifically allowed in compliance with this Development Code.

a.

Location in rear setback.

(1)

Other accessory structures. A detached accessory structure, other than guesthouses, artist studios and cabañas (Section 35.442.120) may be located in the required rear setback provided that:

(a)

It is not attached to the principal structure.

(b)

It is not located closer than 10 feet to the principal structure.

(c)

The cumulative footprint of all accessory structures, including accessory dwelling units, that encroach into the setback does not exceed 30 percent of the required rear setback.

(d)

It does not exceed a height of 12 feet.

(e)

If located on a corner lot backing on a key lot, the accessory structure shall be set back from the rear property line by a distance equal to the side setback requirement applicable to the key lot.

(f)

A swimming pool, spa, and appurtenant equipment shall not be located closer than five feet to any property line.

(g)

An accessory structure may otherwise be located adjacent to the rear property line provided that all other provisions (e.g., building code or fire code requirements for separation between structures) are complied with.

(2)

A detached accessory structure developed in compliance with Subsection B.4.a.(1), above, does not require the provision of a varied setback and compensating area in accordance with Section 35.430.150.C.3.d.

(3)

A detached accessory structure, including guesthouses, artist studios and cabañas (Section 35.442.120), that does not meet the requirements of Subsection B.4.a.(1), may use a varied setback and compensating area in accordance with Section 35.430.150.C.3.d to be located partially within the required rear setback.

b.

Location in side setback.

(1)

Non-habitable detached accessory structure(s) may be located in the side setback provided that the structure(s) comply with all of the following:

(a)

Cumulatively the structures do not occupy an area greater than 10 percent of the side setback in which they are located, or 120 square feet, whichever is less.

(b)

It does not contain any utilities.

(c)

It does not exceed a height of 8 feet.

(d)

It is located no closer than five feet to any other structure located on the same lot.

(2)

An accessory structure developed in compliance with Subsection B.4.b.(1), above, does not require the provision of a varied setback and compensating area in accordance with Section 35.430.150.C.2.d.

(3)

An accessory structure that does not meet the requirements of Subsection B.4.b.(1), above, may use a varied setback and compensating area in accordance with Section 35.30.150.C.2.d to be located partially within the required side setback.

c.

Corner lot setbacks. Accessory structures located on a corner lot having a width of less than 100 feet shall not be located closer to the front line of the lot than the principal structure on that lot.

d.

Swimming pools and spas in setback area. Swimming pools, spas, and appurtenant equipment shall not be located:

(1)

Lots other than interior lots. In the required front or side setback areas and, if located within the rear setback, shall not be located closer than five feet to any property line.

(2)

Interior lots. Closer than 10 feet to any property line.

5.

Kitchen or cooking facilities/amenities prohibited. Accessory structures, including artist studios, cabañas and guesthouses, shall not contain kitchen or cooking facilities unless the accessory structure is specifically permitted as a dwelling (e.g., accessory dwelling units and junior accessory dwelling units). Artist studios, cabañas and guesthouses are not dwellings.

6.

Gross floor area and footprint limitations.

a.

All accessory structures. Detached accessory structures, including accessory structures containing one or more accessory uses, shall not exceed a building footprint area of 800 square feet, as measured to the interior surface of exterior perimeter walls, posts, columns, or other supports.

(1)

This 800-square-foot building footprint limitation shall not apply to accessory dwelling units allowed in compliance with Section 35.442.015 (Accessory Dwelling Units and Junior Accessory Dwelling Units), barns, and stables; however, an accessory structure may only be attached to another accessory dwelling unit, barn, or stable if the total footprint area of the combined structure is 800 square feet or less. This shall not be construed in any way to limit the size of an accessory dwelling unit stacked above or below another accessory structure when constructed in compliance with Section 35.442.015.

(2)

For the purposes of this Subsection B.6.a, "footprint" refers to how the building sits on the ground. The building footprint includes the following:

(a)

Any cantilevered portions of the structure as viewed perpendicularly from above.

(b)

Any fully enclosed, partially enclosed, or unenclosed portions of the accessory structure located beneath a solid roof or other permanent covering.

(c)

The area of any portions of roof eaves that extend more than three feet from the exterior wall of the building.

(d)

The footprint for structures that are fully or partially below grade shall be limited to only that portion of the structure with exposed walls.

b.

Detached accessory buildings. The total gross floor area of all approved and proposed buildings located on a lot shall not exceed 40 percent of the gross lot area of the lot on which the detached accessory building is proposed to be located.

(1)

For purposes of this Subsection B.6.b, "gross floor area" includes any fully enclosed, partially enclosed, or unenclosed floor area of the detached accessory building covered by a solid roof or other permanent covering.

(2)

The gross floor area limitation in this Subsection B.6.b shall not apply to or otherwise limit the gross floor area of approved or proposed accessory dwelling units.

(3)

If an application includes a proposed detached accessory dwelling unit and one or more detached accessory buildings, and the total gross floor area of all buildings located on the lot, both approved and proposed, would exceed 40 percent of the gross lot area, then the floor area of the proposed detached accessory building(s) shall be reduced as necessary in order to comply with the 40 percent of gross lot area limitation.

(4)

For purposes of this Subsection B.6.b, "approved" means that a land use valid entitlement exists for a detached accessory building or accessory dwelling unit, but the building or unit has not been constructed, or that construction of the detached accessory building or accessory dwelling unit has been legally completed. "Proposed" means that an application for a detached accessory building or accessory dwelling unit has been submitted to the Department, and final action on the application has not been taken.

7.

Plumbing devices.

a.

Agricultural accessory structures. Agricultural accessory structures that serve as a primary place of employment or that are used by the public may include a bathroom and wetbar area, provided that a Notice to Property Owner that specifies the allowable uses of the agricultural accessory structure is recorded in the County public records. Wetbars shall be limited to the following features:

(1)

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

(2)

The counter area may include a bar sink.

(3)

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

(4)

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

(5)

Refrigerators are limited to an under-counter unit located within the counter area.

(6)

No cooking facilities (e.g., ovens including microwave ovens, hot plates) shall be included in the wetbar area.

b.

Other accessory structures. Plumbing devices in accessory structures shall be limited to toilets and washbasins, and no bathing facilities or wetbars shall be allowed, unless specifically otherwise allowed by this Development Code.

8.

Use restrictions. Accessory structures shall not be used as guesthouses, artist studios, or cabañas, unless specifically permitted for these uses. Except for guesthouses or structures specifically permitted as dwellings, (e.g., accessory dwelling units) accessory structures shall not be used for overnight accommodations.

9.

Determination that an accessory structure constitutes a dwelling.

a.

An accessory structure, or portion of a structure, including guesthouses, artist studios and cabañas, may be determined to constitute a dwelling by the Director when it:

(1)

Is configured or occupied for residential purposes, whether permanent or temporary.

(2)

Contains elements evidencing separate residential occupancy.

b.

Elements to be considered by the Director include:

(1)

Proximal arrangement and various combinations of:

(a)

Bathing facilities.

(b)

Closets.

(c)

Countertops or cupboards.

(d)

Dishwashers.

(e)

Exterior entrances.

(f)

Exterior staircases.

(g)

Garbage disposals.

(h)

Interior locking doors.

(i)

Sleeping lofts.

(j)

Toilets and sinks or bar sinks.

(2)

Separate address/mail box designations.

(3)

Separate balconies, decks, patios or yards.

(4)

Separate cable lines, phone lines or utility lines.

(5)

Separate carports, garages or parking areas (covered or uncovered).

(6)

Other elements at the discretion of the Director.

c.

Issuance of a building permit or other approval shall not, of itself, establish that a structure, or portion of a structure, is not a dwelling unit.

d.

The Director's determination that the accessory structure or portion of structure constitutes a dwelling may be appealed in compliance with Chapter 35.492 (Appeals). If the Director's determination is upheld on appeal, then the dwelling may be subject to an enforcement action in compliance with Chapter 35.498 (Enforcement and Penalties).

(Ord. No. 5169, § 7, 11-29-2022; Ord. No. 5193, § 7, 11-7-2023; Ord. No. 5239, §§ 6, 7, 2-11-2025)