§ 35.500

This Chapter provides definitions of terms and phrases used in this Development Code that are technical or specialized, or that may not reflect common usage. If any of the definitions in this Chapter conflict with definitions in other provisions of the County Code, these definitions shall control for the purposes of this Development Code. If a word is not defined in this Chapter, or in other provisions of the Santa Barbara County Code, the Director shall determine the correct definition utilizing the latest edition standard dictionary.

As used in this Development Code, the following terms and phrases shall have the meaning ascribed to them in this Section, unless the context in which they are used clearly requires otherwise.

A.

Definitions, "A."

Abut. To physically touch or border upon; or to share a common property line.

Accessory Agricultural Structure. A structure designed and constructed primarily for storing farm implements or supplies, hay, grain, poultry, livestock, or horticultural products, that supports the agricultural use of the lot.

Accessory Building. See "accessory structure."

Accessory Dwelling Unit. An attached or a detached residential dwelling unit that is located on the same lot as a one-family or multiple-family dwelling to which the accessory dwelling unit is accessory and (1) provides complete independent living facilities for one or more persons including permanent provisions for cooking, eating, living, sanitation, and sleeping, and (2) provides interior access between all habitable rooms. An accessory dwelling unit may also include an efficiency unit, as defined in Section 17958.1 of Health and Safety Code, and a manufactured home, as defined in Section 18007 of the Health and Safety Code.

1.

Attached Accessory Dwelling Unit. An accessory dwelling unit that shares at least five feet of common wall with, or is stacked above or below, the principal dwelling or an attached accessory structure.

2.

Detached Accessory Dwelling Unit. An accessory dwelling unit that is detached from the principal dwelling and is located on the same lot as the principal dwelling. A detached accessory dwelling unit may be attached to a detached accessory structure.

Accessory Residential Structure or Use. Any use and/or structure that is customarily a part of, and clearly incidental and secondary to a residence, and does not change the character of the residential use. This definition includes the following attached and detached accessory structures, and other similar structures normally associated with a residential use of property. Accessory Agricultural Structures are separately defined.

artist studios spas and hot tubs cabañas storage sheds garages swimming pools gazebos tennis and other onsite sport courts greenhouses (non-commercial) workshops guesthouses

Also includes the indoor storage of automobiles, personal recreational vehicles and other personal property, accessory to a residential use.

Accessory Retail or Services. The limited retail sale of various products, or the provision of certain personal services within a health care facility, hotel, or office, to employees or customers of, or visitors to the principle use. Examples of these uses include pharmacies, gift shops, and food service establishments within hospitals; convenience stores and food service establishments within hotel, and office complexes; and barber and beauty shops within residential care facilities.

n of certain personal services within a health care facility, hotel, or office, to employees or customers of, or visitors to the principle use. Examples of these uses include pharmacies, gift shops, and food service establishments within hospitals; convenience stores and food service establishments within hotel, and office complexes; and barber and beauty shops within residential care facilities.

Accessory Structure. A structure located upon the same site as the structure or use to which it is accessory. The use of an accessory structure is customarily incidental, appropriate and subordinate to the use of the principal structure, or to the principal land use of the site. Accessory structure includes a building with a roof supported by columns or walls, which may be referred to as an accessory building.

Accessory Use. A use that is customarily incidental, appropriate and subordinate to the use of the principal structure, or to the principal land use of the site and that does not alter the principal use of the lot or adversely affect other properties in the vicinity.

Adjacent. See "abut."

Affordable Housing. The State defines affordable housing as housing that can be purchased or rented by households whose gross annual household income does not exceed 120 percent of area median income, adjusted for household size. Santa Barbara County expands this to include households with income up to 200 percent of area median income. This housing may be subject to a covenant or deed restriction that restricts sales price or rent for a given period of time. Certain types of housing such as homeless shelters, dormitories, farm labor camps, and housing for people with disabilities may not require price controls because they generally provide housing for a special needs group.

Agent. A person authorized in writing by the property owner to represent and act for a property owner in contacts with County employees, committees, Commissions, and the Board, regarding matters regulated by this Development Code.

Aggrieved Person. A person who, in person or through a representative, appeared at a public hearing in connection with the decision or action appealed, or who, by other appropriate means prior to a hearing, informed the County of the nature of their concerns, or who for good cause was unable to do either.

Agricultural Development. An agricultural structure, practice, or operation that a) requires a building, grading, or brush-clearing permit on land designated for agriculture; b) is located on land which has had no history of cultivation; and/or c) is on land not designated for agriculture. A permit solely for plumbing or electricity shall not constitute a standard building permit.

Agricultural Improvement. Agricultural activities or structures on agriculturally designated lands which are not subject to building, grading, or brush clearing permits. These activities and structures may be subject to special agricultural building, agricultural grading, or agricultural brush-clearing permits.

Agricultural Preserve Contract. A contract complying with the Land Conservation (Williamson) Act (Government Code Section 51200 et seq.) between the County and a landowner in which the landowner restricts development of lands devoted to agricultural uses in return for a reduction in property taxes.

Agricultural Processing. The initial processing or preparation for shipping of agricultural products produced on the same site ("on-premise products") or from other properties ("off-premise products"), for onsite marketing or for additional processing and/or packaging elsewhere. Examples of this land use include the following:

drying of corn, rice, hay, fruits and vegetables flower growing pre-cooling and packaging of fresh or farm-dried fruits and vegetables sorting, grading and packing of fruits and vegetables

Does not include "wineries" which are defined separately.

Agricultural Product Sales. The sale of agricultural products, including flowers, fresh fruit, herbs, plants and vegetables, grown on the premises or other products as allowed by Subsection 35.421.060.B (Agricultural Product Sales) of this Development Code.

Agriculture. The production of food and fiber, the growing of plants, the raising and keeping of animals, aquaculture, and the preparation for sale and marketing of products in their natural form when grown on the premises, and the sale of products which are accessory and customarily incidental to the marketing of products in their natural form grown on the premises, and as allowed by Subsection 35.421.060.B (Agricultural Product Sales), but not including a slaughter house, fertilizer works, commercial packing or processing plant, or plant for the reduction of animal matter or any other similarly objectionable use.

Alley. A public passage or way affording generally a secondary means of vehicular access to abutting property and not intended for general traffic circulation.

Amateur Radio Station. A radio station operated in the Amateur Radio Service under license by the Federal Communications Commission.

Animal Enclosure. A structure for restricting the movement of, and/or sheltering animals. Includes corrals, paddocks, pens, etc. Barns, stables, and other similar roofed structures are also included under the definition of Agricultural Accessory Structure.

Animal Hospital. See Medical Services - Animal Hospital.

Animal Keeping. See Section 35.442.040 (Animal Keeping).

Antenna. See "Telecommunications Facility."

Antenna Envelope. See "Telecommunications Facility."

Antenna Support Structure. See "Telecommunications Facility."

Apartment. A room or suite of rooms within a building comprising an independent self-contained dwelling unit, with kitchen or cooking facilities, and a bathroom, occupied or suitable for occupation as a residence for living and sleeping purposes.

Applicant. A person who is filing an application requesting an action who:

Is the owner or lessee of property;

2.

Has contracted to purchase property contingent upon that party's ability to acquire the necessary approvals required for that action in compliance with this Development Code, and who presents written authorization from the property owner to file an application with the County;

3.

Presents written authorization from the property owner to file an application with the County;

4.

Is a person, business or organization making a written request to the County for reasonable accommodation in the strict application of the Development Code.

Aquaculture. The raising and harvesting of aquatic plant and animal organisms.

Arcade. A permanent roofed structure attached to a building, projecting over public property, and partially enclosed and supported by supports located on public property.

Architectural Element. A portion of a building that exceeds the height limit and extends beyond the roof of the building.

Architectural Projection. A projection not intended for occupancy and which extends beyond the face of an exterior wall or roof of a building, but not including signs.

Artisan Shop. A retail store selling art glass, ceramics, jewelry, paintings, sculpture, and other handcrafted items, where the store includes an area for the crafting of the items being sold.

Artist Studio. A structure or portion of a structure used as a place of work by an artist (e.g., painter, sculptor, etc.) for the commercial production of art.

Attached Structure. A structure with at least five linear feet of wall serving as a common wall with the structure to which it is attached.

Attendant Structure. See "Accessory Structure."

Auto Wrecking Yard. See "Recycling Facility."

Awning. A roof-like structure, often made of canvas or plastic, that serves as a shelter, as over a storefront, window, door, or deck.

B.

Definitions, "B."

Bank, Financial Services. Financial institutions including:

banks and trust companies other investment companies credit agencies securities/commodity contract brokers and dealers security and commodity exchanges

holding (but not primarily operating) companies lending and thrift institutions

Does not include check cashing stores, which are instead defined under "Personal Services - Restricted."

Base Flood Elevation. The computed elevation to which floodwater is anticipated to rise during the base flood, which is a flood having a one percent chance of being equaled or exceeded in any given year. This is the regulatory standard also referred to as the "100-year flood." Base Flood Elevations (BFEs) are shown on Flood Insurance Rate Maps (FIRMs) which may be supplemented by studies for other areas which allow implementation of Chapter 15A of the County Code and which are recommended to the board of directors by the floodplain administrator and on the flood profiles. The BFE is the regulatory requirement for the elevation or flood-proofing of structures.

Basement. A story partly or wholly underground. A basement shall be counted as a story if its floor-toceiling height is 6.5 feet or more, and more than one-half of its height is above the average level of the adjoining ground surface.

Bathroom. A room containing toilet and sink and bathing facilities.

Bedroom. An enclosed habitable room within the conditioned area of a structure that (1) is arranged, designed or intended to be occupied by one or more persons primarily for sleeping purposes, (2) complies with applicable building and housing codes, and (3) is permitted by Santa Barbara County to be used as a bedroom. Also known as a sleeping room.

Block. The property abutting on one side of a street and lying between the two nearest intersecting or intercepting streets, or between the nearest intersection or intercepting streets, and a railroad right-of-way, water course or other body of water.

Board, or Board of Supervisors. The Board of Supervisors of the County of Santa Barbara, State of California, referred to in this Development Code as the "Board."

Boarding or Rooming House. See "Lodging."

Boat club. A club that promotes and supports yachting and boating.

Boat launching facility, accessory to approved recreation use. A facility specifically designed to assist with the ingress/egress of boats and other aquatic vehicles.

Buffer. An open area or barrier used to separate potentially incompatible activities and/or development features; for example, a required setback to separate an area of development from environmentally sensitive habitat, to reduce or eliminate the effects of the development on the habitat.

Buffer, Agricultural. A designated width of land used to minimize potential land use conflicts between nonagricultural development/uses and adjacent agricultural uses. The following terms are defined for the purposes of Section 35.430.025 (Agricultural Buffers).

Production Agriculture. A commercial agricultural operation that excludes rangeland or pastureland operations. Production agriculture allows for a change of crop or fallow periods.

2.

Rangeland or Pastureland.

a.

Land that is not currently used for agricultural production but is used for the grazing or pasturing of livestock, such as cattle and horses, which may also include facilities for confining animals, but not involving a commercial livestock feed or sales yard or dairy.

b.

Land which is limited in its potential use, as defined by soils or other constraining factors, from supporting production agriculture. See the Agricultural Buffer Implementation Guidelines (Appendix E) for details.

3.

Sensitive Non-agricultural Uses. Child care facilities, educational facilities, medical facilities, schools, student dormitories, senior housing, and other similar uses.

4.

Small Lot. A lot equal to or smaller than one-half acre that is located adjacent to an Urban Boundary Line as designated on the Comprehensive Plan maps.

Buffer, Stream. A designated width of land abutting a stream that protects biological productivity, water quality, and the hydrological characteristics of the stream.

Building. A structure with a roof supported by columns or walls and intended to provide shelter, housing or enclosure of persons, animals or chattel. Does not include travel trailers.

Building Coverage. The amount of land covered or permitted to be covered by buildings or structures, excluding tennis courts and unenclosed swimming pools, usually measured as a percent of a lot.

Building Official. The Building Official of the County of Santa Barbara, and/or designee of the Building Official.

Building Site. A single lot of land under one ownership occupied or intended to be occupied by a structure.

Business Support Service. A commercial use that provides services to other commercial uses. Examples of these services include:

C.

Definitions, "C."

Cabaña. A building, the use of which is incidental and accessory to the use of a swimming pool, or sports court that may include bathrooms, but does not include sleeping quarters or cooking facilities.

California Environmental Quality Act (CEQA). State law (California Public Resources Code Sections 21000 et seq.) requiring public agencies to document and consider the environmental effects of a proposed action, prior to allowing the action to occur.

California Public Utilities Commission (CPUC). The governmental agency which regulates the terms and conditions of public utilities in the State.

Campground. A site for temporary occupancy by campers, which may include individual campsites, but where utility hookups for recreational vehicles are not provided.

Cannabis. All parts of the plant Cannabis sativa Linnaeus, Cannabis indicia or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin, including, but not limited to, separated resin. Cannabis also means medical and non-medical marijuana. Cannabis does not include industrial hemp, as defined in Section 11018.5 of the Health and Safety Code, as may be amended.

Additionally, the following terms and phrases are defined for the purposes of Division 35.2 - Montecito Zones and Allowable Land Uses and Chapter 35.442.055 (Cannabis Regulations). In cases where a definition is provided in both State law and the latest edition standard dictionary, and the definitions conflict with one-another, the definition set forth in State law shall take precedent.

Commercial cannabis activity. Any activity, recreational or medicinal, including the cultivation, possession, manufacture, distribution, processing, storing laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis and cannabis products.

Cultivation. Any activity involving the planting, growing, harvesting, drying, curing, or trimming of cannabis, as well as grading of land to conduct any such activity. Cultivation includes outdoor cultivation, indoor cultivation, and mixed light cultivation, as follows:

1.

Indoor cultivation. The cultivation of cannabis within a structure using exclusively artificial light.

2.

Outdoor cultivation. The cultivation of cannabis, outside of a structure, without the use of artificial lighting in the canopy area at any point in time. Cultivation within a hoop house or hoop structure is considered outdoor cultivation. No artificial lighting is permissible for outdoor cultivation, including within hoop houses or structures.

Mixed-light cultivation. The cultivation of cannabis in a greenhouse, glasshouse, conservatory, hothouse, or other similar structure using light deprivation and/or one of the artificial lighting models, excluding hoophouses.

Distributor. A facility for the distribution of cannabis and cannabis products.

Distribution. The procurement, sale, and transport of cannabis and cannabis products between licensees.

Manufacturing. All aspects of the extraction and/or infusion process, including preparing, holding, storing, packaging, or labeling of cannabis products. Manufacturing also includes any preparing, holding, or storing of components and ingredients.

Microbusiness. Permit by an owner or entity to engage in three of the four following cannabis activities: cultivation, distribution, non-volatile manufacturing, and/or retail. Microbusiness permits must demonstrate compliance with all requirements imposed by this Article on cultivators, distributors, non-volatile manufacturers, and retailers to the extent the permit is to engage in such activities.

Private residence. A house, an apartment unit, a mobile home, a condominium, a townhome, an accessory dwelling unit, or other similar dwelling.

Personal Use. The cultivation, harvesting, drying, or processing of cannabis plants with the intent to possess, smoke, or ingest cannabis or cannabis products for one's own individual use or by a primary caregiver for their qualified patient(s) in accordance with State law.

Retail.

1.

Non-Storefront Retailer. Delivery-only retail of commercial cannabis or cannabis products.

2.

Storefront Retail. The retail sale and delivery of cannabis or cannabis products to customers, also referred to as a Storefront Retailer. A retailer shall operate from a licensed premise, which is a physical location from which commercial cannabis activities are conducted. A retailer's premise may be closed to the public. A storefront retailer may also conduct some sales by delivery.

Canopy. A permanent roof structure that does not project over public property, which may be freestanding, attached to a building, or entirely or partly supported by a building.

Caretaker/Manger Dwelling. A permanent residence that is secondary or accessory to the principal use of the property, and used for housing a caretaker employed on the site of any non-residential use where needed for security purposes or to provide 24-hour care or monitoring of people, plants, animals, equipment, or other conditions on the site.

Cemetery. An interment establishment that provides subdivided cemetery lots and burial plots or air space for sale. May include: animal cemeteries; cemetery, mausoleum (see also definition of Mausoleum),

columbarium, and crematorium facilities, and accessory chapels. Mortuaries and funeral homes are defined separately.

Centerline of Street. A line that bisects the right-of-way of a street or highway into two equal parts. The centerline of the service road of a freeway or limited access highway shall be defined as the centerline of the traveled way of such service road.

Certified Farmers Market. A location and operation where agricultural products are sold by producers or certified producers directly to consumers in compliance with the State's Direct Marketing Regulations (California Code of Regulations Section 1392 et seq.) and the provisions of this Development Code.

Certified Farmers Market, Incidental. An incidental Certified Farmer's Market is a temporary and periodic use conducted in a parking lot or other open area on the site of another principle use.

Change of Use. The replacement of an existing use on a lot or any portion of a lot, by a new use, but does not include a change of ownership, tenancy, or management associated with a use for which the previous nature of the use will remain substantially unchanged.

Charitable Function. An event or activity whose primary purpose is of a charitable or noncommercial nature.

Charitable or Philanthropic Organization. An office-type facility occupied by an organization engaged in charitable or philanthropic works serving various groups or individual persons.

Child Care. See "Day Care."

Church. See "Meeting Facility, Religious."

Civil Code. The Civil Code of the State of California.

Clinic. See "Medical Services - Clinic, Urgent Care."

Clothing store. A retail outlet designed to sell clothing and clothing accessories.

Club. An organization, group or association supported by its members, having as a primary purpose the promotion of some common objective such as literature, science, politics or fellowship, but not including organizations, groups or associations whose primary purpose is to render a service customarily carried out as a business or formed to provide housing for its members. See also Meeting Facility.

Coastal Act. The California Coastal Act of 1976, commencing with Public Resources Code Section 30000.

Coastal Commission. The California Coastal Commission created by and operating under the Coastal Act of 1976.

Coastal Dependent Development or Use. A development or use that requires a site on or adjacent to the sea to be able to function at all.

Coastal Dependent Recreation. Activities that require a coastal location to occur (e.g., ocean swimming, surfing, scuba diving, fishing, boating, beach activities, and nature study).

Coastal Land Use Plan (Coastal Plan). The Land Use Plan of the Santa Barbara County Local Coastal Program, including maps and text which indicate the kinds, location, and intensity of land uses and includes resource protection and development policies.

Coastal Related Development. Development that is dependent on a coastal dependent development or use.

Coastal Related Recreation. Activities that are popular in coastal locations but also occur inland, including picnicking, bicycling, walking, jogging and camping.

Coastal Zone. The land and water area within the County extending seaward to the State's outer limit of jurisdiction, including all offshore islands, and extending inland to the boundary shown on the official Coastal Zone Maps, as amended from time to time.

Commercial Vehicle. A vehicle or article of equipment used primarily in conjunction with a business, but not including vehicles or equipment used primarily in conjunction with the permitted use of land in residential or agricultural districts.

Community Apartment. A development of real property in which an undivided interest in land is coupled with the right of exclusive occupancy of a designated apartment located thereon and therein.

Community Care Facility. Any facility, place or building that is maintained and operated to provide nonmedical residential care, day treatment, adult day care, or foster family agency services for adults, children, or adults and children, including the physically handicapped, mental impaired, incompetent persons, and abused or neglected children.

Community Center. A public meeting place where members of a community may gather for cultural, public information, social, recreational, and other purposes. Also includes functionally related internal facilities such as kitchens, multi-purpose rooms, and storage. Does not include conference and meeting rooms accessory and incidental to another primary use that are typically used only by onsite employees and clients, and occupy less floor area on the site than the offices they support (see "Offices"). Does not include: sports or other commercial entertainment facilities (see "Theater," and "Sports and Outdoor Recreation Facilities"); or convention centers (see "Conference Center"). Related onsite facilities such as day care centers and schools are separately defined, and separately regulated.

Comprehensive Plan. The Santa Barbara County Comprehensive Plan, including the Coastal Land Use Plan and all Community or Area Plans, as it may be amended by the Board of Supervisors from time to time.

Conditional Use. A use that requires a special degree of control because of characteristics peculiar to it, or because of size, technological processes or type of equipment, or because of the proposed site location with respect to surroundings, streets and existing improvements or demands upon public facilities. The additional control is to ensure that the particular use on the particular proposed site is compatible with other existing or permitted uses surrounding the site.

Condominium. As defined by Civil Code Section 1351, a development where undivided interest in common in a portion of real property is coupled with a separate interest in an individual unit, the boundaries of which are described on a recorded Final Map or Parcel Map.

Conference Center. A building or group of buildings with accessory land and structures, that provides conference facilities for persons assembled for study and discussion of educational, religious, economic, scientific, charitable, or governmental subjects, including music, art and drama, and shall include the necessary accessory and incidental housing, dining, classroom, and recreational facilities.

Conjunctive Use. The joint siting and use of property, structures, and/or parking for two or more nonresidential land uses, where the hours of operation and demand for parking or services are such that efficiency and economy in services and land use is achieved. Typically the site is designed, and the days and hours of operation of the individual uses are collaboratively scheduled, so that a single site can serve more than one use.

Conservation or Open Space Easement. A nonpossesory interest in real property imposing limitations or affirmative obligations for the purpose of conserving, protecting, or retaining the open space values of the real property; ensuring its availability for agricultural, forest, recreational, or open space use; or protecting natural resources.

Contiguous. See "abut."

Contractor's Equipment Storage Yard. Indoor or outdoor facilities operated by, or on behalf of a licensed contractor for the storage of equipment, vehicles, and/or other materials commonly used in the individual contractor's type of business; storage of materials used for repair and maintenance of the contractor's own equipment; and buildings or structures for uses including equipment repair. Includes building contractors, landscape contractors, sign contractors, etc. Does not include office-only facilities that are not located on the same site as storage and/or maintenance facilities, which are instead included under the definition of "Office - Business/Service." Does not include junk yards.

Convenience Store. A retail establishment offering for sale prepackaged food products, household items, and other goods.

Cottage Food Employee. An individual, paid or volunteer, who is involved in the preparation, packaging, handling, and storage of a cottage food product, or otherwise works for the cottage food operation. An employee does not include an immediate family member or household member of the cottage food operator.

Cottage Food Operation. A commercial enterprise conducted within the registered or permitted area of a dwelling unit where the cottage food operator, as defined by California Health and Safety Code Section 113758, resides and where cottage food products are prepared or packaged for direct, indirect, or direct and indirect sale to consumers in compliance with California Health and Safety Code Section 113758.

Cottage Food Operator. An individual who operates a cottage food operation in his or her private home and is the owner of the cottage food operation.

Cottage Food Products. Nonpotentially hazardous foods, including foods that are described in California Health and Safety Code Section 114365.5 and that are prepared for sale in the kitchen of a cottage food operation.

Country Club, Swim and Tennis Club. A private membership recreational facility that may include swim and tennis facilities, fitness facilities, a restaurant, and related facilities. A country club may also be part of, or

adjacent to a golf course.

County. The County of Santa Barbara, State of California. For the purposes of this Development Code, "County" includes the Santa Barbara County Board of Supervisors, Montecito Planning Commission, advisory agencies, appeals boards, agents, employees, and officers of Santa Barbara County.

Court. An open area other than a yard on the same lot with a building or buildings that is bounded on two or more sides by the building or buildings.

Creek Channel, Natural. A water course that has not been altered by human activity. Appears as a solid or dashed blue line on a USGS 7½-minute or 15-minute quadrangle map.

Creek, Top of Bank. The uppermost ground elevation paralleling a creek or watercourse where the gradient changes from a more defined vertical component to more horizontal.

Cultivated Agriculture, Orchard, Vineyard. Commercial agricultural production field and orchard uses, including the production of the following, primarily in the soil on the site and not in containers, other than for initial propagation prior to planting in the soil on the site:

Also includes associated crop preparation services and harvesting activities, such as mechanical soil preparation, irrigation system construction, spraying, and crop processing. Does not include agricultural processing or greenhouses which are separately defined. Does not include non-commercial home gardening, which is allowed as an accessory use without County approval in all zones that otherwise allow residential uses. Activities that constitute grading are separately regulated under Chapter 14 of the County Code.

1.

Historic Legal Use. "Cultivated Agriculture, Orchard, Vineyard - Historic Legal Use" means that there is evidence of a permitted or legal nonconforming use on the site within the previous 10-year period.

D.

Definitions, "D."

Dairy. A commercial operation where three or more cows or goats are maintained to produce milk or other dairy products for sale.

Day Care. Facilities that provide non-medical care and supervision of adults or minor children in need of personal services, supervision or assistance essential for sustaining the activities of daily living or for the protection of the individual for periods of less than 24 hours. These facilities include the following which

may be required to be licensed by the County or the State unless they are able to operate legally without a license in compliance with County and State laws.

1.

Day Care Center. A commercial or non-profit use designed and approved to accommodate 15 or more adults or children. Includes facilities providing overnight care, providing that said care is for periods of less than twenty-four hours per day. A day care center may be operated in conjunction with a school or church facility, or as an independent land use. The owner or operator of a residential day care center is not required to reside at the day care center.

a.

Non-dwelling, principal use. A day care center where group care is provided in a structure not used as a dwelling unit.

b.

Non-dwelling, accessory. A day care center that is within or on the site of another use and provides day care services for occupants of the other use.

c.

Dwelling, accessory. A day care center where group care is provided in a dwelling for 15 or more adults or children, including adults or children who reside at the home.

2.

Family Day Care Home, serving adults. A one-family dwelling whose regular and permanent occupant(s) provides, on a regular basis, care, protection, and supervision for 14 or fewer adults for periods of less than 24 hours per day while the parents or guardians are away. Family day care homes serving adults___shall be classified as follows:

a.

Large Family Day Care Home, serving adults. A day care facility that provides family day care for seven to 14 adults, inclusive.

b.

Small Family Day Care Home, serving adults. A day care facility that provides family day care for six or fewer adults, or eight or fewer children.

3.

Family Day Care Home, serving children. A facility (in a detached single-family dwelling, a townhouse, a dwelling unit within a dwelling, or a dwelling unit within a covered multifamily dwelling in which the underlying zoning allows for residential uses) that regularly provides care, protection, and supervision for 14 or fewer children, in the provider's own home, for periods of less than 24 hours per day while the parents or guardians are away. Family day care homes serving children shall be classified as follows:

a.

Large Family Day Care Home, serving children. A day care facility that provides care, protection, and supervision for seven to 14 children, inclusive, including children under the age of 10 years who reside at the home, as set forth in Health and Safety Code Section 1597.465 and as defined in state regulations, as may be amended.

b.

Small Family Day Care Home, serving children. A day care facility provides care, protection, and supervision for eight or fewer children, including children under the age of 10 years who reside at the home, as set forth in Health and Safety Code Section 1597.44 and as defined in state regulations, as may be amended.

Debris Flow. A saturated mass of loose particles, including rock, earth, and other debris, that travels down a slope and often into creek and/or stream channels.

Density. The maximum number of dwelling units permitted per specified area of land.

Density Bonus. Density Bonus Program.

Density Bonus Program. Refers to the state mandated Density Bonus Program (Government Code Section 65915 et seq.) that entitles qualified housing projects to a density increase, incentives or concessions, waivers or reductions of development standards, and/or parking ratios as outlined in Chapter 35.432 (Density Bonus Program).

Department. The Santa Barbara County Planning and Development Department, referred to in this Development Code as the "Department."

Detached Structure. A structure, no part of which is attached by any means to any other structure.

Determination, Use. An action by the Montecito Commission determining and/or finding that a use not identified as a permitted use in a specific zone is similar in nature and/or character to the other permitted uses in that zone and is not more injurious to the health, safety, or welfare of the neighborhood because of noise, odor, dust, vibration, traffic congestion, danger to life and property, or other similar causes, and is therefore also considered a permitted use.

Development. A change made by a person to unimproved or improved real property, including the placement, the moving, construction, reconstruction, enlarging, demolition, or alteration of buildings or structures, landscaping improvements, mining, excavation, or drilling operations. Agricultural improvements as defined are not considered as development within this Development Code.

Development Code. The Santa Barbara County Montecito Land Use & Development Code, Section 35-2 of Chapter 35, Zoning, of the Santa Barbara County Code.

Dining Commons. A facility accessory to a residence hall and used primarily for preparing and serving food to residence hall occupants and which excludes service to the general public.

Director. The Director of the Santa Barbara County Planning and Development Department, including designees of the Director, referred to in this Development Code as "the Director."

Direct Sale. A transaction between a cottage food operation operator and a consumer, where the consumer purchases the cottage food product directly from the cottage food operation. Direct sales include transactions at holiday bazaars or other temporary events, such as bake sales or food swaps, transactions at farm stands, certified farmers' markets, or through community-supported agriculture subscriptions, and transactions occurring in person in the cottage food operation.

Drainage Channel. A channel, either natural or manmade, that conveys water.

Drive-through Facility. A facility where customers wait in line in their vehicles to progress to a service point at which they briefly transact business from their vehicles and then leave the premises. Includes banks (motor banks, drive-through banks, drive-up banks), fast food establishments, and film deposit and pickup establishments. Does not include drive-in movies, drive-in car washes through which the vehicles do not travel on their own power, drive-in food establishments where customers do not wait in line in their vehicles for service, or gas stations.

Driveway.

1.

A designated passageway providing vehicular access between an alley or street and a garage or carport, a designated parking area, or other driveway or street.

2.

A private right-of-way that provides vehicular access from a public or private street to private property either abutting or adjacent to the right-of-way, or away from the right-of-way, and that is not, and under the minimum lot area requirements of this Development Code cannot be, divided into more than four separate lots.

Driving Range. See "Golf Driving Range."

Duplex. See "Dwelling, Two-Family."

Dwelling. A room or group of rooms with interior access between all habitable rooms, including permanent provisions for living, sleeping, eating, cooking, bathing and sanitary facilities, constituting a separate and independent housekeeping unit, occupied or intended for occupancy by a family on a non-transient basis and having not more than one kitchen. Boarding or rooming houses, dormitories, and hotels are not dwellings.

Dwelling, Multiple. A building or portion of a building, designed for and occupied exclusively by three or more families, and containing three or more dwellings. Includes triplexes, apartment houses, apartment hotels, condominiums, community apartment projects, flats, rowhouses, and townhouses, but does not include organizational houses, trailer courts or camps, motels, hotels or resort type hotels.

Dwelling, One-family. A building designed for and occupied exclusively by one family and containing one dwelling. Also known as a Single Family Dwelling.

Dwelling, Two-family. A building designed for and occupied exclusively by two families, and containing two dwellings.

E.

Definitions, "E."

Education or Research Facility, Limited. Limited facilities or developments for educational purposes or scientific research, (e.g., water quality monitoring stations, access roads, storage facilities).

Electrical Substation, Major. A substation that receives and transmits electric energy directly from a generating source, the primary purpose of which is to receive the energy at its transmission voltage from the generator, and to transform the energy by lowering the voltage.

Electrical Substation, Minor. A substation that receives electric energy from transmission or distribution lines at voltages below the generation voltage, and transmits the energy at voltages suitable for domestic and non-residential consumers.

Electrical Transmission Line. A line that is interconnected with other transmission lines and associated equipment for the movement or transfer of electric energy between points of supply and points at which it is transformed for delivery to customers or is delivered to other electric systems.

Emergency. A sudden unexpected occurrence demanding immediate action to prevent or mitigate loss or damage to life, health, property, or essential public services. The definition extends to efforts by a public agency or utility performing a public service to restore, repair or maintain public works, utilities or services which have been destroyed, damaged, or interrupted by natural disaster, serious accident, or in other cases of emergency.

Emergency Shelter. A permanent supervised shelter or halfway house that provides temporary accommodations, up to 30 consecutive days and 90 days within a 12 month period, to individuals who have lost a permanent residence.

Environmental Review. The analysis of the potential environmental effects that may result from development, performed in compliance with the California Environmental Quality Act (Public Resources Code Sec. 21000 et seq.), and the guidelines for Implementation of the California Environmental Quality Act (Public Resources Code Sec. 15000 et seq.), and the County of Santa Barbara Environmental Thresholds and Guidelines Manual.

Environmentally Sensitive Habitat Area. An area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem, and that could be easily disturbed or degraded by human activities and developments.

Equestrian Facility. A commercial facility for the boarding of horses, donkeys and mules, and where such animals are available for hire. Examples of these facilities include:

boarding stables horse exhibition facilities riding schools and academies

Also includes barns, stables, corrals, and paddocks accessory and incidental to the above uses. Does not include rodeos (see "Rodeo"), or polo fields (see "Sports and Outdoor Recreation Facilities").

Existing Developed Rural Neighborhood. An area shown on the Comprehensive Plan maps within which development has occurred historically with lots smaller than those found in the surrounding Rural or Inner Rural Areas.

F.

Definitions, "F."

Façade. That portion of any exterior elevation of a structure extending from grade to the eaves or the top of the parapet wall and the entire width of the structure elevation.

Family. One or more persons occupying premises and living as a single housekeeping unit not operated for profit, as distinguished from two or more persons occupying a boarding or lodging house, hotel, club, or similar structure used for residential purposes. A family shall not include a fraternal, religious, social, or business organization. A family shall be deemed to include domestic servants employed by the family. A family shall also be deemed to include the clients and operators of a residential facility licensed by the State that serves six or fewer clients.

Family Day Care. See "Day Care."

Farm Employee Dwelling. See Agricultural Employee Housing. Also includes farmworker employee housing.

Farmers' Market. See "Certified Farmers' Market."

Farmworker Housing. The following terms and phrases are defined for the purposes of Section 35.442.105 (Farmworker Housing).

1.

Farmworker. An agricultural employee as defined in the California Labor Code Section 1140.4(b).

2.

Farmworker employee housing. Any housing accommodation that provides housing for farmworkers and complies with the California Health and Safety Code. Farmworker employee housing consists of either of the following:

a.

Farmworker dwelling unit. A single-family dwelling that provides accommodations for six or fewer farmworkers at any one time. A farmworker dwelling unit shall be considered as a single-family dwelling, and permitted and regulated in the same manner by this Development Code.

b.

Farmworker housing complex. Farm employee housing other than a farmworker dwelling unit that contains a maximum of 36 beds if the housing consists of any group living quarters, such as a barrack or a bunkhouse, or contains a maximum of 12 residential units. A farmworker housing complex shall be occupied exclusively by farmworkers and their households.

3.

Permanent employee housing. Any labor camp which is not temporary or seasonal (California Health and Safety Code Section 17010(c)).

4.

Seasonal employee housing. Any camp which is operated annually on the same site and which is occupied for not more than 180 days in any calendar year (California Health and Safety Code Section 17010(b)).

5.

Temporary employee housing. A labor camp which is not operated on the same site annually and which is established for one operation and is then removed (California Health and Safety Code Section 17010(a)).

Feasible. Capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, legal, social, and technological factors.

Feed Distribution. The storage and dispersal of animal feed for the purpose of supporting the primary onsite animal raising activities.

Fill.

1.

A deposit of earth, sand, gravel, rock or any other suitable materials placed by artificial means; any act by which earth, sand, gravel, rock or any other suitable material is placed, pushed, dumped, pulled, transported or moved to a new location above the natural surface of the ground or on top of the stripped surface and shall include the conditions resulting therefrom.

2.

The difference in elevation between a point on the original ground and a designated point of higher elevation on the final grade, as measured in a vertical plane.

First Public Road Paralleling the Sea. The nearest road to the sea that is dedicated for public use to a public agency, and is in fact improved and suitable for public use. In the event a public road does not connect with other public roads, the first public road paralleling the sea shall mean the first public road that in fact connects with other public roads providing a continuous public access system paralleling the shoreline.

Sea. The nearest road to the sea that is dedicated for public use to a public agency, and is in fact improved and suitable for public use. In the event a public road does not connect with other public roads, the first public road paralleling the sea shall mean the first public road that in fact connects with other public roads providing a continuous public access system paralleling the shoreline.

Fitness/Health Facility. A commercial fitness center, gymnasium, health and athletic club, which may include any of the following: climbing rocks (which may be outdoors), sauna, spa or hot tub facilities;

swimming pools; indoor handball, racquetball, tennis, volleyball and other indoor sport court activities; weight rooms; outdoor volleyball courts.

Flood control. The act or technique of trying to control water with dams, berms, drainage, weirs, etc, to minimize occurrence of floods.

Flood Plain. Any land area susceptible to being inundated by water from any source, as defined within County Code Chapter 15A (Flood Plain Management) which may be amended from time to time.

Floodway. The channel of a stream, plus any adjacent flood plain area, that must be kept free of encroachment so that the 100-year flood will be accommodated without substantial increase in flood height, as defined within County Code Chapter 15A (Flood Plain Management) which may be amended from time to time. As minimum standards, the Federal Insurance Administration limits such increases in flood heights to one foot, provided that hazardous velocities are not produced.

Floodway Fringe. The area between the floodway and the boundary of the 100-year flood, and which encompasses the portion of the flood plain that could be completely obstructed without increasing the water-surface elevation of the 100-year flood more than one foot at any point, as defined within County Code Chapter 15A (Flood Plain Management) which may be amended from time to time.

Floor Area, Gross. The area included within the surrounding exterior walls of all floors or levels of a building or portion thereof, exclusive of vent shafts and unroofed courtyards, as measured to the interior surfaces of exterior walls, or from the centerline of a common or party wall separating two buildings, and including:

1.

Corridors and halls;

2.

Stairways;

3.

Elevator shafts;

4.

Closets, storage, service, utility and mechanical equipment rooms;

5.

Attached garages;

6.

Open or roofed porches, balconies, or porticos;

7.

Roofed arcades, plazas, courts, walkways, or breezeways;

8.

Permanently roofed and either partially enclosed or unenclosed, building features used for sales, service, display, storage or similar uses;

9.

Basements, cellars or attic areas where the floor to ceiling height is six feet or greater and that are deemed usable by the Building Official; and

10.

In residential zones, additionally all roofed porches, arcades balconies, porticos, breezeways or similar features when located above the ground floor.

The gross floor area of a structure that lacks walls shall be the area of all floors or levels included under the roofed or covered area of the structure.

This definition shall not apply to accessory dwelling units and junior accessory dwelling units, which shall be subject to the definition of "floor area" as defined Section 35.442.015 (Accessory Dwelling Units and Junior Accessory Dwelling Units). The gross floor area, as defined above, of any existing or proposed accessory dwelling unit or junior accessory dwelling unit shall be included in any total gross floor area calculations of the subject lot.

Floor Area, Net. The gross floor area excluding shafts, stairways, corridors and halls, unusable attics, and unenclosed porches and balconies.

Floor Area Ratio (FAR). The net floor area of a structure, excluding basements used exclusively for storage and residential units that meet the County's definition of affordable housing, divided by the net lot area. Where there is an approved Final Development Plan, the net lot area shall be the sum of the net lot area of all lots included in the Final Development Plan.

Fraction Lot. A lot created as a result of an instrument of conveyance, in which the lot is not separately conveyed as a distinctly described parcel. Fraction lots are identified by overlaying separate legal descriptions of real property within an area of land and then making reference to the cumulative boundary lines to describe parcels derived by their intersections. Fraction lots do not include remainder lots, which result from the conveyance of a separate and distinct legal description of real property, where the described property is conveyed to a new owner and the remainder portion is retained by the seller.

Freeway. A defined by the Comprehensive Plan, a four or six lane divided arterial highway with full control of access and with grade separations at intersections. As the highest type of road facility, Freeways provide maximum service and safety for through traffic. Freeways serve as the principal arterials of the inter- and intra-state system of highways, carrying traffic between cities, traffic generators and points of interest.

Front Line. The shortest boundary line of a lot which corresponds with a street line; the boundary lines of a through lot which corresponds with street lines shall be "front lines." When the street side boundary lines of a corner lot, are of equal or of substantially equal lengths, the front line shall be the line located on the principal (more heavily trafficked) street.

Fully enclosed or fully screened structure. A structure, constructed of permanent, solid materials, with a roof that completely covers the structure, doors or gates that are kept closed and latched, and walls that extend from the foundation floor either to the roof of the structure or to a sufficient height such that any contents of the fully enclosed or fully screened structure are not visible when viewed from the outside other than when viewed through a window. A fully enclosed or fully screened structure does not include a carport or other accessory structure that allows the contents therein to be observed from outside the structure other than when viewed through a window. Does not include awnings, fabric shelters, tents and similar structures of a nonpermanent type of construction.

Furniture, Furnishings, and Appliance/Equipment Stores. A store that primarily sells the following products and related services, that may also provide incidental repair services:

G.

Definitions, "G."

Garage, Private. A building or portion thereof used or designed to be used as an accessory building for the storage of motor vehicles for use by the occupants of the same site.

Garage, Public. A building or portion thereof, except a private garage, used or designed to be used for storage and care of motor vehicles or where any such vehicles are repaired or kept for remuneration, hire or sale.

General Retail. Stores and shops selling many lines of merchandise. Examples of these stores and lines of merchandise include:

Does not include adult oriented businesses, which are separately defined and regulated under Article VIII (Sexually Oriented Business Regulations) of County Code Chapter 35.

Golf Course. A commercial or members-only facility for playing golf, with three to 18 holes, and accessory facilities and uses which may include: a clubhouse with bar and/or restaurant, locker and shower facilities; driving ranges; "pro shops" for onsite sales of golfing equipment; and golf cart repair, storage and sales facilities. Does not include driving ranges separate from golf courses or miniature golf courses unless specifically allowed.

Golf Driving Range. An area designated for hitting golf balls for practice drives. This activity is included under the definition of "Golf Course" if part of a golf course, and under the definition of "Commercial Entertainment - Outdoor" if not part of a golf course.

Government Code. The Government Code of the State of California.

Grade, Existing. The existing condition of the ground elevation of the surface of a building site at the time of permit application, including Montecito Board of Architectural Review applications, that represents either the (1) natural grade prior to the placement of any fill on the site or the excavation or removal of earth from the site, or (2) the manufactured grade following the completion of an approved grading operation, including grading approved in conjunction with the subdivision of the site.

Grade, Finished. The level of the finished surface of the site that results from any permitted grading activities, including cut and fill of existing slopes associated with specific permit applications.

Grading. Any excavation or filling of earth or combination thereof.

Grazing. To put livestock out to feed.

Greenhouse. A facility, including hothouses, for the indoor propagation of plants, constructed with impervious and translucent roof and/or walls.

Grocery and Specialty Food Stores. A retail business where the majority of the floor area open to the public is occupied by food products packaged for preparation and consumption away from the store. Includes retail bakeries, where any onsite baking is only for onsite sales.

Groundwater. Water located below the land surface in the saturated zone of the soil or rock. Groundwater includes perched water tables, shallow water tables, and zones that are seasonally or permanently saturated.

Guesthouse. Detached living quarters of a permanent type of construction without kitchen or cooking facilities, used primarily for temporary guests of the occupants of the principal building on the lot, and not rented or otherwise used as a separate dwelling.

Guest Ranch. See "Lodging."

H.

Definitions, "H."

Habitable. Space within a building that is suitable for living, sleeping, eating, cooking and which may or may not be conditioned (e.g., heated, cooled).

Habitable Room. A space intended for living, sleeping, eating, or cooking, including living rooms, dining rooms, bedrooms, kitchens, dens, family rooms, recreation rooms, and enclosed porches suitable for yearround use. Specifically excluded are balconies, bathrooms, foyers, garages, hallways, laundries, open porches, pantries, storage closets, utility rooms, unfinished attics and basements, other unfinished spaces used for storage, and water closets.

ating, or cooking, including living rooms, dining rooms, bedrooms, kitchens, dens, family rooms, recreation rooms, and enclosed porches suitable for yearround use. Specifically excluded are balconies, bathrooms, foyers, garages, hallways, laundries, open porches, pantries, storage closets, utility rooms, unfinished attics and basements, other unfinished spaces used for storage, and water closets.

Health Club, Spa. A fitness center, gymnasium, health and athletic club, which may include any of the following: sauna, spa or hot tub facilities; swimming pools; handball, racquetball, tennis, volleyball, and other sport court activities; weight rooms.

Health and Safety Code. The California Health and Safety Code.

Height Limit. The maximum allowed height of a structure as established by an imaginary surface located at the allowed number of feet above and parallel to the existing grade (see Section 35.430.090 (Height Measurement, Exceptions and Limitations)).

Heliport. A designated, marked area on the ground or on a structure where helicopters may land at any time.

Highway. See "Street."

Highway 101 Corridor. Any property shown on the Zoning Map (within 500 feet of the centerline of Highway 101 at time of adoption) in the area between the Ventura County line and Eagle Canyon.

Hillside. Land with slopes exceeding 20 percent.

Hog Ranch. A site used for the raising or keeping of more than six hogs.

Home Occupation. A commercial activity conducted entirely within the dwelling portion of a dwelling by residents of the dwelling, or conducted entirely within an artist studio by a person residing in a dwelling on the same lot.

Homestay. See "Lodging."

Hoop Structure. A structure consisting of a light-weight, frame with no permanent structural elements (e.g. footings, foundations, plumbing, electrical wiring) and an impermeable, removable covering used to protect plants grown in the soil or in containers upon the soil. Includes structures commonly known as berry hoops and hoop houses.

Hospital. See "Medical Services - Hospital."

Hostel. See "Lodging."

Hotel. See "Lodging."

Hotel, Resort. See "Lodging."

Household, or Housekeeping Unit. A person or group of persons living together in a single dwelling unit, with common access to and common use of all living and eating areas and all areas and facilities for the preparation and storage of food within the dwelling unit.

Household Pet. Animals that are customarily kept within a dwelling or a yard for the personal use or enjoyment of the residents. Household pets include domestic birds, cats and dogs, fish, rabbits, rodents and snakes, but do not include horses, mules, goats, cows, hogs, or other similar size animals, or roosters or peacocks.

Housing Development. As used in Chapter 35.432, Density Bonuses and other Incentives for Affordable Housing, a housing development is a development project for five or more residential units, including mixed-use developments and shared housing buildings as defined by GC § 65915(o) or successor statute. Housing development also includes a subdivision or common interest development approved by the Department which consists of residential units or unimproved residential lots and either a project to substantially rehabilitate and convert an existing commercial building to residential use or the substantial rehabilitation of an existing multifamily dwelling where the result of the rehabilitation would be a net increase in available residential units

Human Habitation. The occasional, temporary or permanent use of a building, trailer or any motor vehicle for eating and/or sleeping quarters for any person.

I.

Definitions, "I."

Illegal Sign. A sign that includes any of the following:

1.

A sign installed without complying with all regulations in effect at the time of its construction or use.

2.

A sign installed or maintained contrary to Chapter 35.438 (Sign Standards).

3.

A sign which is a danger to the public or is unsafe.

4.

A sign which is a traffic hazard not created by relocation of streets or highways or by acts of the County.

Improvement. An object affixed to or growing in the ground other than a structure.

Indirect sale. An interaction between a cottage food operation, a third-party retailer, and a consumer, where the consumer purchases cottage food products made by the cottage food operation from a third-party retailer that holds a valid permit issued pursuant to California Health and Safety Code Section 114381.

Indirect sales include, but are not limited to, sales made to retail shops or to retail food facilities where food may be immediately consumed on the premises.

Individual With a Disability. A qualifying individual in compliance with the Federal Fair Housing Act and the California Fair Employment and Housing Act (the Acts) who has a physical or mental impairment that limits one or more major life activities, anyone who is regarded as having such impairment, or anyone who has a record of such impairment, but not including an individual's current, illegal use of a controlled substance.

Inhabited Area. Any dwelling, any other structure regularly occupied by people, or any area used by people on a regular basis.

In-home Retail Sales. A type of direct sales occurring within a dwelling in which sellers operate either from their primary residence or the homes of customers.

Inland Area. All portions of the land area of Santa Barbara County located outside of the Coastal Zone.

Inner Rural Area. An area shown on the Comprehensive Plan maps within which development is limited to rural uses such as agriculture and its accessory uses, mineral extraction and its accessory uses, recreation (public or private), ranchette development, and uses of a public or quasi-public nature.

Interior Access. Unobstructed, enclosed passageways with conditioned air systems connecting habitable rooms, which are not blocked by doors that are fixed in a closed position or are capable of being fixed in a closed position by a one-way deadbolt or similar device. Access through sleeping rooms, bathrooms and garages is not considered interior access.

J.

Definitions, "J."

Junk Yard. In a non-residential zone, the use of an aggregate area of 200 square feet or more for the storage of junk, including scrap material, salvage material or used material held for recycling, reuse or resale. In a residential zone, the area that may be used for the storage of junk and other listed materials may not exceed 100 square feet. See County Code Chapter 19 (Junk Yard and Dumps) for definitions of "dump" and "auto wrecking yard" and the applicable permit requirements.

Junior accessory dwelling unit. A residential dwelling unit that is no more than 500 gross square feet in size (as measured in compliance with Section 35.442.015 (Accessory Dwelling Units and Junior Accessory Dwelling Units)) and contained entirely within a one-family dwelling or its attached garage. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.

K.

Definitions, "K."

Kennel, Animal Boarding. A facility for the grooming, keeping, boarding or maintaining of four or more dogs, four months of age or older. See also "Veterinary Clinic, Animal Hospital."

Kennel, Commercial. A kennel as defined above which may include boarding facilities, where the dogs are for other than private enjoyment of the occupants of the premises, and where boarding services are offered to the public.

2.

Kennel, Private. A kennel as defined above where the dogs are kept for the private enjoyment of the occupants of the premises.

Kitchen. A room, all or any part of which is designed, built, equipped, maintained, used, or intended to be used for the preparation and cooking of food.

L.

Definitions, "L."

Land Use Element. The Land Use Element of the Santa Barbara County Comprehensive Plan, as it may be amended from time to time.

Library. A place in which literary and artistic materials, such as books, periodicals, newspapers, pamphlets, prints and audio materials are kept for reading, reference, or lending.

Lighting. The method or equipment used to provide artificial illumination as used in Section 35.430.120 (Outdoor Lighting) of this Development Code. Lighting related terms include the following:

1.

Foot-candle. The unit of measure expressing the quantity of light received on a surface. One foot-candle is equal to the amount of light generated by one candle shining on one square foot surface located one foot away.

2.

Fossil Fuel Light. Light produced directly or indirectly by the combustion of natural gas or other utility- type fossil fuels, for example: gas, propane and kerosene lighting.

3.

Kelvin. A unit of measure for color temperature. Kelvin is used in lighting to measure the color temperature of a light fixture. In short, the lower the Kelvin rating (expressed in K), the warmer the light. The higher the Kelvin rating, the colder and brighter the light.

4.

Lamp. A generic term for a source of optical radiation (i.e. "light"), often called a "bulb" or "tube". Examples include incandescent, fluorescent, high-intensity discharge (HID) lamps, and low pressure sodium (LPS) lamps, as well as light-emitting diode (LED) modules and arrays.

Light Fixture. Complete lighting unit consisting of lamp(s) and ballast(s) (when applicable) together with the parts designed to distribute the light (reflector, lens, diffuser) and any shields to position and protect the lamps, and to connect the lamps to the power source.

Full Cutoff. A light fixture constructed and mounted such that the luminous intensity (in candelas) at or above an angle of 90° above nadir is zero, and the luminous intensity (in candelas) at or above a vertical angle of 80° above nadir does not numerically exceed 10 percent of the luminous flux (in lumens) of the lamp or lamps in the lighting fixture.

Full Cutoff Light Fixture

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Fully Shielded. A light fixture constructed and mounted such that the luminous intensity (in candelas) at or above an angle of 90° above nadir is zero.

Fully Shielded Light Fixture

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Partially shielded. A light fixture constructed and mounted such that most light emitted by the fixture is projected below the horizontal. A partially shielded light fixture may allow some light to pass through a semi-translucent barrier, and/or may allow visibility of the lamp from certain perspectives.

Partially Shielded Light Fixture

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6.

Light Pollution. Artificial light which causes a detrimental effect on the environment, astronomical research, enjoyment of the night sky or causes undesirable glare or light trespass.

7.

Light Shielding. A barrier around a lamp or light fixture that conceals or partially conceals the lamp and controls light distribution.

Light Trespass. Light that falls beyond the property line of the property on which the light fixture is located.

9.

Lumen. Unit of luminous flux; used to measure the amount of light emitted by a lamp.

10.

Uplighting. Light radiating above the horizontal plane.

Limited Concession Facility. Retail facilities that are clearly ancillary and incidental to a recreational use and that are customarily offered and available to the general public in connection with a recreational use (e.g., boat rentals, fishing supplies). May include snack bars and similar goods and services. Also includes vending machines dispensing foods when operated independently or in conjunction with such facilities.

Limited-equity Housing Cooperative. A corporation which meets the criteria of a stock cooperative as defined in this Article and which also meets the criteria of Section 33007.5 of the Health and Safety Code.

Living Area. The interior living portion of a dwelling unit including basements and attics, not including the garage or an accessory structure.

Local Coastal Program. The County's (a) Coastal Land Use Plan, (b) Development Code, (c) Zoning Map, and (d) within sensitive coastal resource areas, other implementing actions, that when taken together, meet the requirements of, and implement the provisions and policies of the Coastal Act of 1976 within the County.

Lodging.

1.

Boarding or Rooming House. A residence or dwelling, other than a hotel, where the business of keeping boarders is generally carried on and which is held out by the owner or keeper as a place where boarders are kept.

2.

Guest Ranch. A vacation resort, generally a farm or ranch, that derives all or part of its income from the use of its facilities by paying visitors or guests, and provides food, lodging, and recreational activities.

3.

Homestay. A residential structure, including portions thereof, rented for 30 consecutive days or less where the owner or long-term tenant of the property inhabits a legal dwelling on the same lot at the same time as the transient occupant. Additionally, the following terms are defined for the purposes of Section 35.442.135 (Homestay).

a.

Hosting Platform. A marketplace which facilitates the consummation of Homestay agreements through advertising and from which, in whatever format, information is provided about or relating to a residential

structure, including portions thereof, for occupancy as a Homestay.

b.

Long-term Tenant or Owner. A person who is the owner of the property or who rents the property for 6 months or more.

c.

Visitor. A person who enters the property on which a Homestay is located for the purpose of visiting, seeing or communicating with the transient occupant of the Homestay.

4.

Hostel. Overnight sleeping accommodations that provide supervised and inexpensive lodging for travelers, and may provide kitchen and eating facilities. Occupancy is generally of a limited duration.

5.

Hotel. A building or group of buildings containing six or more sleeping rooms occupied, intended or designed to be occupied as the more or less temporary abiding place of persons who, for compensation, are lodged with or without meals, but not including a trailer court or camp, sanitarium, hospital, asylum, orphanage or building where persons are housed under restraint.

6.

Motel. A transient lodging establishment containing six or more rooms with at least 25 percent of all rooms having direct access to the outside without the necessity of passing through a main lobby.

7.

Resort Hotel. A hotel which serves as a destination point for visitors. A resort generally provides recreational facilities for persons on vacation. A resort shall be self-contained and provide personal services customarily furnished at hotels, including the serving of meals. Buildings and structures in a resort should complement the scenic qualities of the location in which the resort is situated.

8.

Short-Term Rental. A structure which is rented for overnight lodging, in whole or in part and with or without the presence onsite of the owner or representative of the owner, for 30 consecutive days or less.

Lot. An existing area of land under one ownership that was lawfully created as required by the Subdivision Map Act and predecessor ordinances and statutes, and local ordinances, that can lawfully be conveyed in fee as a discrete unit separate from any contiguous lot. A lot also means a lot for which a Certificate of Compliance or Conditional Certificate of Compliance has been recorded and the boundaries of which have not subsequently been altered by merger or further subdivision.

Lot, Corner. A lot situated at the intersection of two or more streets or bounded on two or more adjacent sides by street lines.

Lot, Flag. See "Lot, Interior."

Lot, Interior. A lot that (1) has no street frontage or (2) the street frontage is less than 40 feet in width and the lot was not created by a subdivision resulting in five or more lots.

Lot, Key. A lot the side line of which abuts the rear line of one or more adjoining lots.

Lot, Through. A lot having frontage on two parallel or approximately parallel streets.

Lot Area, Gross. The area included within the boundaries of the lot as described in the latest recorded deed to the lot or as shown on the recorded lot or subdivision map creating the lot, inclusive of any portion so described or mapped, lying within a public or private street.

Lot Area, Net. The gross lot area excluding any area lying within a public street which is defined as a permanently reserved right-of-way which has been dedicated to the County.

Lot Depth. The average distance between the front or street line and the rear lot line or between the front lot line and intersection of the two side lot lines if there should be no rear lot line.

Lot Frontage. The length of the front line measured at the street right-of-way line.

Lot Line. The lines forming the boundaries of a lot that distinguish it from other lots.

Lot Width, Gross. The average distance between the side lot lines, measured at right angles to the lot depth, including any area lying within a public street which is defined as a permanently reserved right-ofway which has been dedicated to the County of Santa Barbara.

Lot Width, Net. The average distance between the side lot lines, measured at right angles to the lot depth, excluding any area lying within a public street which is defined as a permanently reserved right-of-way which has been dedicated to the County.

Low Barrier Navigation Center (Government Code Section 65660(a)). A Housing First, low-barrier, serviceenriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. For purposes of this definition, "Housing First" has the same definition as included in Welfare and Institutions Code Section 8255, or successor statute. "Low barrier" means best practices to reduce barriers to entry, and may include, but is not limited to, the following:

1.

The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth.

2.

Pets.

3.

The storage of possessions.

4.

Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.

M.

Definitions, "M."

Map Act. The California Subdivision Map Act, Division 2, Title 7 of the California Government Code, commencing with Section 66410 as presently constituted, and any amendments to those provisions.

Marquee. A permanent roofed structure, not including an arcade, attached to and supported by the building and projecting over public property.

Mausoleum. A large stately tomb or a building housing such a tomb or several tombs.

Medical Services - Animal Hospital. A facility specifically designed for the medical or surgical treatment of animals or pets where all of the animals are taken in from off the premises and where the boarding of animals is limited to short-term care incidental to the hospital.

Medical Services - Clinic, Urgent Care. A facility other than a hospital where medical, mental health, surgical and other personal health services are provided on an outpatient basis. Examples of these uses include:

medical offices urgent care facilities out-patient care facilities other allied health services

These facilities may also include accessory medical laboratories, and limited fabrication activities as in the case of a dentist office or an optometrist. Counseling services by other than medical doctors or psychiatrists are included under "Offices - Professional."

Medical Services - Doctor Office. A facility other than a hospital where medical, dental, mental health, surgical, and/or other personal health care services are provided on an outpatient basis (e.g., chiropractors, medical doctors, psychiatrists, physical therapists). These facilities may also include accessory medical laboratories, and limited fabrication activities as in the case of a dentist office or an optometrist. Counseling services by other than medical doctors or psychiatrists are included under "Offices - Professional."

health care services are provided on an outpatient basis (e.g., chiropractors, medical doctors, psychiatrists, physical therapists). These facilities may also include accessory medical laboratories, and limited fabrication activities as in the case of a dentist office or an optometrist. Counseling services by other than medical doctors or psychiatrists are included under "Offices - Professional."

Medical Services - Extended Care. Residential facilities providing nursing and health-related care as a primary use with in-patient beds. These facilities may also include accessory medical laboratories, and limited fabrication activities. Examples of these uses include: board and care homes; convalescent and rest homes; extended care facilities; and skilled nursing facilities. Long-term personal care facilities that do not emphasize medical treatment are included under "Residential Care."

Medical Services - Hospital. Hospitals and similar facilities engaged primarily in providing diagnostic services and extensive medical treatment, including surgical and other hospital services. These establishments have an organized medical staff, inpatient beds, and equipment and facilities to provide

complete health care. May include onsite accessory clinics and laboratories, accessory retail uses and emergency heliports, and onsite ambulance dispatch facilities.

Medical Services - Laboratory. Non-research facilities for the testing of blood and tissue samples for medical diagnoses, and for the fabrication of dental prosthetics and eyeglasses. Does not include laboratories for medical research.

Meeting Facility, Public or Private. A facility for public or private meetings, including religious institutions, civic and private auditoriums, grange halls, union halls, meeting halls for clubs and other membership organizations, etc. Also includes functionally related internal facilities such as kitchens, multi-purpose rooms, and storage. Does not include conference and meeting rooms accessory and incidental to another use that are typically used only by onsite employees and clients, and occupy less floor area on the site than the offices they support (see "Offices"). Does not include: conference centers, community centers (see "Community Center"), sports or commercial facilities (see "Theater," and "Sports and Outdoor Entertainment Facilities"). Related onsite facilities such as day care centers and schools are separately defined, and separately regulated.

Meeting Facility, Religious. A meeting facility for a religious institution as identified in "Meeting Facility, Public or Private," above, that is restricted to religious institutions only in response to the specific requirements of a particular zone (e.g., RMZ allows religious meeting facilities but not other types of meeting facilities).

Mello-Roos District. Districts that raise funds from property owners within a given area in order to provide public improvements in that area. Similar to assessment districts, their enabling legislation is the MelloRoos Community Facility Act of 1982, Government Code Section 55311 et seq.

Mining. The extraction of mineral resources through surface or underground mining operations, including the following:

1.

Surface Mining. Excavation and quarrying operations to obtain building and construction materials including diatomaceous earth, including all of the following components. The following terms and phrases are defined for the purposes of Section 35.472.140 (Reclamation and Surface Mining Permits).

a.

Haul road. A road along which material is transported from the area of excavation to the processing plant or stock pile area of the surface mining operation.

b.

Idle. To curtail for a period of 12 months or more surface mining operations by more than 90 percent of the operation's previous maximum annual mineral production, with the intent to resume those surface mining operations at a future date. (See SMARA, Section 2727.1)

c.

Mined Lands. Includes the surface, subsurface, and ground water of an area in which surface mining operations will be, are being, or have been conducted, including private ways and roads appurtenant to any area, land excavations, workings, mining waste, and areas in which structures, facilities, equipment, machines, tools or other materials or property that result from, or are used in, surface mining operations are located. Mined lands include all lands affected by a mining operation.

d.

Minerals. A naturally occurring chemical element or compound, or groups of elements and compounds, formed from inorganic processes and organic substances, including bituminous rock, but excluding coal, geothermal resources, natural gas, peat, and petroleum. (See State Regulations, Section 3501). For the purposes of this Development Code, minerals shall also include: decorative stone, diatomaceous earth, flagstone, gravel, limestone, rip-rap, sand, and shale.

e.

Mining Waste. The residual of soil, rock, mineral, liquid, vegetation, equipment, machines, tools, or other materials or property directly resulting from, or displaced by, surface mining operations.

f.

Operator. A person who is engaged in surface mining operations, or who contracts with others to conduct operations on their behalf, except a person who is engaged in surface mining operations as an employee with wages as their sole compensation.

g.

Overburden. Rock, soil, or other materials that lie above a natural mineral deposit or in between mineral deposits, before or after their removal by surface mining operations. (See SMARA, Section 2732)

h.

Reclamation. The combined process of land treatment that minimizes air pollution, damage to aquatic or wildlife habitat, erosion, flooding, water degradation, and other adverse effects from mining operations, including adverse surface effects incidental to underground mines, so that mined lands are reclaimed to a usable condition which is readily adaptable for alternative land uses and create no danger to public health or safety. The process may extend to affected lands surrounding mined lands, and may require backfilling, grading, resoiling, revegetation, soil compaction, stabilization, or other measures. (See SMARA, Section 2733)

i.

Surface Mining Operations. All or any part of the process involved in the mining of minerals on mined lands by removing overburden and mining directly from the mineral deposits, open pit mining of minerals naturally exposed, mining by the auger method, dredging, and quarrying, or surface work incidental to an underground mine. Surface mining operations include:

(1)

In place distillation, leaching, or retorting;

(2)

The production and disposal of mining waste(s); and

(3)

Prospecting and exploratory activities. (See SMARA, Section 2735)

Surface mining operations also include the creation of borrow pits, segregation, streambed skimming, and the stockpiling and recovery of mined materials (and recovery of same). (See State Regulations, Section 3501)

2.

Underground Mining. Mining operations where minerals are extracted using shafts and/or tunnels.

Mixed Use Development, Residential Component. Dwellings associated with mixed use project.

Mobile Home. A trailer, transportable in one or more sections, that is certified under the National Mobile Home Construction and Safety Standards Act of 1974, which is over eight feet in width and 40 feet in length, which is designed and equipped to contain not more than two dwelling units with or without a permanent foundation and not including recreational vehicle, commercial coach or factory-built housing. For the purposes of this Development Code, a mobile home on a permanent foundation is considered a structure.

Mobile Home Park. An area or tract of land where two or more mobile home lots are rented or leased or held out for rent or lease to accommodate mobile homes used for human habitation. The rental paid for any such mobile home shall be deemed to include rental for the lot it occupies. A mobile home park may include community rooms and recreation areas for use by residents only.

Modular Home. A dwelling unit constructed in whole or in part of prefabricated material or components to be assembled onsite and affixed to a permanent foundation, subject to the requirements of the Uniform Building Code.

Monastery. A residential facility operated by a religious organization that provides permanent or long-term housing for members of the organization, with group facilities for dining.

Montecito Community Plan. That portion of the County located within the boundaries of the Montecito Community Plan area as shown on the Montecito Community Plan Land Use Map.

Montecito Planning Commission. The Santa Barbara County Montecito Planning Commission, referred to in this Development Code as the "Montecito Commission."

Mortuary, Funeral Home. Funeral homes and parlors, where deceased are prepared for burial or cremation, funeral services may be conducted, and cremation services (and a crematorium) may occur.

Motel. See "Lodging."

Motor vehicle. Vehicles that have their own motive power and that are used for the transportation of people or goods on streets. Motor vehicle includes motorcycles, passengers, trucks, and recreational vehicles with motive power.

1.

Motor vehicle, inoperative. A motor vehicle that is incapable of being immediately started and moved under its own power without any modifications or repairs or does not have a current, unexpired registration with the California Department of Motor Vehicles that allows the vehicle to be driven, moved, towed or left standing (parked) upon any road or street.

2.

Motor vehicle, operative. A motor vehicle that is able to be immediately started without any modifications or repairs and has a current, unexpired registration with the California Department of Motor Vehicles that allows the vehicle to be driven, moved, towed or left standing (parked) upon any road or street.

Museum. A building, place, or institution devoted to the acquisition, conservation, study, exhibition, and educational interpretation of objects having scientific, historical, or artistic value.

Music recording studio. A studio where audio materials are recorded.

N.

Definitions, "N."

Natural Creek Channel. See "Creek Channel, Natural."

Noise Sensitive Use. Noise-sensitive land uses include:

1.

Residential, including single and multifamily dwellings, mobile home parks, dormitories, and similar uses.

2.

Transient lodging, including hotels, motels, and similar uses.

3.

Hospitals, nursing homes, convalescent hospitals, and other facilities for long-term medical care.

4.

Public or private educational facilities, libraries, churches, and places of public assembly.

Nonconforming Lot. A lot the area, dimensions or location of which was lawful prior to the effective date of this Development Code or any amendments, or previously adopted County Zoning Ordinances, and that does not conform to the present regulations of this Development Code.

Nonconforming Sign. An advertising structure or sign which was lawfully erected and maintained prior to the adoption of this Development Code, but does not now completely comply with current regulations.

Nonconforming Structure. A structure that was lawful prior to the effective date of this Development Code or any amendments, or previously adopted County Zoning Ordinances, and that does not conform to the present regulations of this Development Code, including height, location, lot coverage or setbacks.

Nonconforming Use. A use of land or structure that was lawful prior to the effective date of this Development Code or any amendment, or previously adopted County Ordinances, and that does not conform to the present regulations on use of this Development Code, including:

1.

A land use established where the use is not identified as a permitted use by the zone applicable to the lot on which the use is located;

2.

A land use that is identified as a permitted use by the zone applicable to the lot on which the use is located but is not allowable on the particular site because of planning area standards of a Community and Area Plan Overlay;

3.

A land use that was lawfully established without the planning permit or other entitlement (e.g., Conditional Use Permit, Development Plan) now required by this Development Code;

4.

A land use that is operated or conducted in a manner that does not now conform with the standards of this Development Code, including floor area ratios, minimum site area, limitations on use, or location criteria; or

5.

A residential use that exceeds the number of dwelling units or bedrooms allowed on the lot by this Development Code.

Non-ionizing Electromagnetic Radiation. Electromagnetic radiation occurring primarily in the visible, infrared, and radio-frequency portions of the electromagnetic spectrum.

Notice to Property Owner. A notarized, legal document required by the County, to be completed and recorded against the property by the property owner as part of a permit approval process and/or in conjunction with correction of a zoning violation. The purpose of the notice is to document specific conditions and/or restrictions that apply to a particular property and its improvements.

O.

Definitions, "O."

Office. This Development Code distinguishes between the following types of offices. These do not include medical offices (see "Medical Service - Clinic, Laboratory, Urgent Care," and "Medical Service - Doctor Office").

1.

Accessory. Office facilities for administration, and/or onsite business and operations management, that are incidental and accessory to another business, sales, and/or service activity that is the primary use.

2.

Business/Service. Establishments providing direct services to customers. Examples of these uses include bail bond services, elected official satellite offices, employment agencies, insurance agent offices, realtor offices, travel agencies, utility company offices, vehicle sales offices with no vehicles for sale onsite, etc. This use does not include "Bank, Financial Services," which is separately defined.

3.

Professional and Administrative. Office-type facilities occupied by businesses that provide professional services and/or engaged in the production of intellectual property. Examples of these uses include:

4.

Temporary. A mobile home, recreational vehicle or modular unit used as a temporary office facility. Temporary Offices may include: construction supervision offices on a construction site or off-site construction yard; a temporary onsite real estate office for a development project; or a temporary business office in advance of permanent facility construction.

5.

Temporary Real Estate. The temporary use of a dwelling unit within a residential development project as a sales office for the units on the same site, which is converted to residential use at the conclusion of its office use.

Office-Supporting Retail. A retail store or branch bank that carries one or more types of merchandise that will typically be of frequent interest to and/or needed by the various businesses listed under the definition of "Office," and/or the employees of those businesses. Examples of these types of stores include:

One Ownership. The ownership or possession of property under a contract to purchase, or under a lease, in any manner whereby the property is under a single or unified control, including ownership of property by a person, firm, partnership, association, corporation, company, syndicate, estate, trust, or organization of any kind.

Open Space.

1.

Public Open Space. Public open space includes public parks, recreational support facilities (e.g., restrooms, stairways, picnic tables), public parking lots, beaches, access corridors such as bike paths, hiking, or equestrian trails, usable natural areas, and vista points that are accessible to members of the general public. Environmentally sensitive habitat areas and archaeological sites may be included in public open space. Water bodies such as streams, ponds, and lakes may be included in public open space only if available for active recreational purposes (e.g., swimming, boating, fishing) but in no case shall water bodies be credited for more than five percent of the total public open space requirement. Public open space shall not include areas which are unusable for recreational purposes (e.g., private or public streets, private parking lots, hazardous areas such as steep slopes and bluff faces).

2.

Common Open Space. Common open space includes recreational areas and facilities for the use of the residents or guests of a development. These areas and facilities include tennis courts, swimming pools, playgrounds, community gardens, landscaped areas for common use, or other open areas of the site needed for the protection of the habitat, archaeological, scenic, or other resources. Water bodies may be included but shall not be credited for more than five percent of the total common open space requirement. Common open space shall not include driveways, public or private streets, parking lots, private patios and yards, other developed areas or hard surfaced walkways.

3.

Private Open Space. Private open space includes patios, decks, and yards for the private use of the residents of individual dwelling units.

Organizational House. A residential lodging facility operated by a membership organization for its members and not open to the general public. Includes fraternity and sorority houses, student dormitories, convents, monasteries, and religious residential retreats.

Owner. The record owner or any person having possession and control of the subject property.

P.

Definitions, "P."

Parcel. See "Lot."

Park, Playground. An area of land set aside for private or public use, maintained for recreational and ornamental purposes.

Parking Lot. An off-street area, usually surfaced and improved, for the temporary storage of five or more vehicles.

Parking Space. A space designed and reserved for the parking of vehicles, including all necessary maneuvering space, as provided elsewhere in this Development Code.

Peak Parking Period. The two hour period within seven consecutive days with the highest calculated parking demand for a single site.

Parking, Tandem. The arrangement of not more than two parking spaces in depth, wherein one space is located directly in front of another space, such that it is necessary to pass through one space in order to enter or leave the other space, see Figure 10-1 (Tandem Parking).

==> picture [180 x 119] intentionally omitted <==

Figure 10-1 - Tandem Parking

Passageway. A pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit or junior accessory dwelling unit.

Person. An individual, organization, partnership, or other business association, corporation, or entity, including any utility, and any federal, state, local government, or special district or any agency thereof.

Personal Services. Establishments providing non-medical services to individuals as a primary use. Examples of these uses include:

These uses may also include accessory retail sales of products related to the services provided.

Planning and Development Department. The Santa Barbara County Planning and Development Department referred to in this Development Code as the "Department."

Planning Permit. A generic term which means any permit or other entitlement authorized by this Development Code including the following: Conditional Use Permit, Development Plan, Land Use Permit, Modification, Sign Certificate of Conformance, Variance.

Premises. The area of land in one ownership surrounding a house or building.

Prime Agricultural Lands. Prime agricultural lands include any of the following.

1.

All land that qualifies for rating as Class I or Class II in the Soil Conservation Service land use capability classifications.

2.

Land that qualifies for rating 80 through 100 in the Storie Index Rating.

3.

Land that supports livestock used for the production of food and fiber and which has an annual carrying capacity equivalent to at least one animal unit per acre as defined by the U.S. Department of Agriculture.

4.

Land planted with fruit- or nut-bearing trees, vines, bushes, or crops which have a nonbearing period of less than five years and which will normally return during the commercial bearing period on an annual basis from the production of unprocessed agricultural plant production not less than $200 per acre.

5.

Land that has returned from the production of unprocessed agricultural plant products an annual gross value of not less than $200 per acre for three of the previous five years.

Principal Dwelling. A detached dwelling that is the principal residential use of the lot.

Principal Structure. A structure in which the principal use of its lot is conducted. In any residential or agricultural zone a dwelling shall be deemed to be the principal structure on the lot on which it is situated.

Private Home. A dwelling, including an apartment or other leased space, where individuals reside.

Private Residential Recreation Facility. A privately-owned, non-commercial recreation facility provided for residential project or neighborhood residents, including outdoor facilities such as swimming pools, swim and tennis clubs, park and sport court facilities, and indoor facilities (e.g., recreation rooms). Does not include golf courses and country clubs, which are separately defined.

Private Services.

1.

All production, storage, transmission, treatment and recovery facilities for water, sewerage, energy and other similar utilities and facilities owned or operated by any business organization, person or private entity.

2.

All private transportation facilities, including streets, roads and other related facilities.

Project. Any activity governed to any extent by this Development Code that involves the issuance, by one or more agencies governed by the Board, of a permit, license, certificate, or other entitlement for use. The term "project" generally refers to the whole of an activity that may be subject to more than one entitlement for use issued by one or more public agencies. However, the term "project" may refer to any specific action or activity which is part of a larger undertaking, depending upon the context in which the term "project" may be specifically used in this Development Code. See also Public Resources Code Section 21065(c); and Government Code Section 65931.

Public Property. Property owned by the government.

Public Safety Facility. A facility that houses public safety personnel and equipment, (e.g., police, fire, paramedics). Facility may include kitchens, sleeping accommodations, areas for equipment maintenance.

Public Works and Utilities. Public works and utilities include all of the following:

1.

Production, storage, transmission, treatment and recovery facilities for water, sewerage, energy, telephone, and other similar utilities and facilities owned or operated by any public agency or by any utility that is subject to the jurisdiction of the Public Utilities Commission.

2.

Operating bases and service centers for public utilities, including facilities from which maintenance and repair services are dispatched to utility service lines and other facilities operated by the public works or public utility, including equipment and materials storage. Also includes facilities serving as junction points for transferring a utility commodity from a regional transmission system to a local distribution system, including facilities for natural gas distribution.

3.

Any of the following facilities that are not exempted from planning permit requirements by Government Code Section 53091, except electrical substations, which are separately defined, and : office or customer service centers (classified in "Offices").

4.

Publicly financed recreational facilities, all projects of the State Coastal Conservancy, and any development by a special district.

Public Works or Private Service Facility. A base facility from which maintenance and repair services are dispatched to utility service lines and other facilities operated by the public works or private service entity. Includes equipment and materials storage, and "corporation" yards.

Public Works, Transportation Related. All public transportation facilities, including streets, roads, highways, bridges, public parking lots and structures, ports, harbors, airports, railroads, and mass transit facilities and stations, trolley wires, and other related facilities financed and owned by the government.

Q.

Definitions, "Q." No specialized terms beginning with the letter "Q" are defined at this time.

R.

Definitions, "R."

Railroad. A permanent road that has a line of rails, fixed to ties and laid on a roadbed, for the purpose of providing a track for cars and equipment moved by locomotives or propelled by self-contained motors. The general categories of lines include.

1.

Main Line. A main line provides for the long-distance intercity and interstate movement of trains.

2.

Branch Line. A branch line generally connects cities, military bases, and commercial/industrial areas to the mainline.

3.

Spur Line. A spur line connects specific entities, such as a factory, refinery, warehouse, or lumber yard to the branch line or main line.

4.

Siding or Turn-out. A section of railroad track used to allow the safe passage of trains, switching or rail cars, or parking of trains.

Railroads may include bridges, underpasses, overpasses, tunnels, signals and other accessory facilities and structures that are attendant to road facilities.

Reasonable Accommodation. Providing an individual with a disability flexibility in the strict application of zoning regulations or procedures when necessary to eliminate regulatory barriers and afford an individual

with a disability an equal opportunity to use and enjoy a dwelling.

Recreational Vehicle. A motor home, travel trailer, camper or camping trailer, with or without motor power, designed for human habitation for recreational or emergency occupancy where the living area is restricted to less than 220 square feet excluding built-in equipment such as wardrobes, closets, cabinets, kitchen units or fixtures, and bath and toilet rooms. Recreation vehicle shall also include trailer-borne boats.

Recreational Vehicle Accommodations. Any facilities intended to accommodate recreational vehicles, including parking spaces, septic disposal, water, electrical, propane, and liquefied petroleum gas.

Recycling Facility. A center for the collection and/or processing of recyclable materials. A "certified" recycling or processing facility is certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986.

1.

Small Collection Center. A center where the public may donate, redeem or sell recyclable materials, which may include the following, where allowed by the applicable zone:

a.

Reverse vending machines;

b.

Small collection facilities which occupy an area of 350 square feet or less and may include a mobile unit;

2.

Specialized Materials Collection Center. A center that provides for the collection of non-ferrous metals, high-temperature alloys, exotic and precious metals, and other similar materials, in addition to household recyclable materials.

Registered or Permitted Area. The portion of a private home that contains the private home's kitchen used for the preparation, packaging, storage, or handling of cottage food products and related ingredients or equipment, or both, and attached rooms within the home that are used exclusively for storage.

Religious Institution. Religious institutions include, churches, mosques, synagogues, etc., and functionally related facilities such as kitchens, multi-purpose rooms, and storage.

Request for Reasonable Accommodation. A request to modify zoning regulations or procedures in order to give individuals with disabilities an equal opportunity to use and enjoy a dwelling.

Reservoir. A natural or artificial pond or lake used for the storage and regulation of water.

Residence Hall. A boarding house or lodging house, or combination thereof, used primarily for the purpose of providing facilities for student housing, but excluding fraternity or sorority house.

Residential Second Unit. See "Accessory Dwelling Unit."

Residential Structure. A structure containing one or more dwelling units, except for a mixed use building.

Resort. See "Lodging - Resort Hotel."

Restaurant, Café, Coffee Shop. A retail business selling ready-to-eat food and/or beverages for on- or offpremise consumption. These include establishments where customers are served from a walk-up ordering counter for either on- or off-premise consumption ("counter service"); and establishments where customers are served food at their tables for on-premise consumption ("table service"), that may also provide food for take-out. Either may include indoor and outdoor eating areas.

verages for on- or offpremise consumption. These include establishments where customers are served from a walk-up ordering counter for either on- or off-premise consumption ("counter service"); and establishments where customers are served food at their tables for on-premise consumption ("table service"), that may also provide food for take-out. Either may include indoor and outdoor eating areas.

Restroom. A room that may contain a toilet and washbasin but shall specifically exclude any type of bathing facilities.

Retreat. A building or group of buildings with appurtenant land and structures used for the purpose of providing facilities for groups assembled for discussion, study, and recreation.

Review Authority. The individual or official County body (Montecito Board of Architectural Review, the Planning Director, Montecito Planning Commission, or Board of Supervisors) identified by this Development Code as having the responsibility and authority to review, and approve or disapprove the permit applications described in Division 35.7 (Montecito Planning Permit Procedures).

Right-of-Way Line. The recorded boundary of a public or private street or the existing or planned boundary of a public street as indicated in the Comprehensive Plan.

Riparian Vegetation. Vegetation normally found along the banks and beds of streams, creeks, and rivers.

Road. See "Street." The following terms as they are used in Chapter 35.460 (Road Naming and Address Numbering) shall be defined as follows:

1.

Road, continuous. Two or more road segments within sight of one another at an intersection with its centerlines offset by less than 100 feet or with an interior angle of intersection greater than 110 degrees.

2.

Road, private. A street which is not a public road and does not meet the definition of a driveway.

3.

Road, public. All existing Federal, State, and County public roads and all public streets acquired in the future where the area within the right-of-way is held either in fee or as an easement by Federal, State, or County government.

4.

Road segment. A linear section of road being added to the address numbering system, or a section that stands as a separate or non-continuous road.

Rodeos. A public or private competition or exhibition in which skills such as riding and roping are displayed.

Rooming House. See "Lodging."

Rural Area. An area shown on the Comprehensive Plan maps.

Rural Recreation. Low intensity recreational uses including campgrounds with minimum facilities (not including accommodations for recreational vehicles), hunting clubs, retreats, and summer camps.

S.

Definitions, "S."

Sanitarium. A health retreat, boarding house, hospice or other place for the treatment of disease or care of invalids.

School. A public or private academic educational institution, examples include:

boarding school high school community college, college, or university military academy elementary, middle, and junior high schools

Sea. The Pacific Ocean and all harbors, bays, channels, estuaries, salt marshes, sloughs, and other areas subject to tidal action through any connection with the Pacific Ocean, excluding nonestuarine rivers, streams, tributaries, creeks, and flood control and drainage channels.

Sea Wall. Structures, sand or other materials placed adjacent to the sea to reduce or eliminate upland damage from wave action or flooding during storms.

Secondary Use. A land use subordinate or accessory to a principal land use.

Seismic Retrofit. An alteration to the structural elements of a structure for the purposes of resisting earthquake forces.

Service Station. A retail business supplying goods and services generally required in the normal operation and maintenance of automotive vehicles and to the fulfilling of motorists needs. These include sale of petroleum products, sale and servicing of tires, batteries, automotive accessories and replacement items, washing and lubrication services, the performance of minor automotive maintenance and repair, and the supplying of other incidental customer services and products. Major motor repairs, painting and body and fender work and mechanical car wash are excluded. Incidental products and services may include nonauto related items such as refreshments provided the floor area devoted to these items is no greater than 100 square feet.

Setback. The minimum required distance that a structure must be located away from any property line of the lot on which it is located or street center line or right-of-way line or easement boundary, to provide an open yard area which is unoccupied and unobstructed from the ground upward except as specifically allowed for in this Development Code.

Setback, Front. An open yard area extending across the front of a lot between the side lot lines, the depth of which is the required minimum setback distance as measured perpendicularly between the front lot line and a line parallel thereto on the lot.

1.

Primary Front. On a corner lot less than 100 feet in width, the primary front setback is the setback which is adjacent to the front line of the lot.

2.

Secondary Front. On a corner lot less than 100 feet in width, the secondary front setback is the front setback which is not the primary front.

Setback, Rear. An open yard area located opposite the front line and extending across the rear of the lot between the side lot lines, the depth of which is the required minimum setback distance as measured perpendicularly between the rear lot line and a line parallel thereto on the lot.

Setback, Side. An open yard area extending between the front setback and the rear setback, the width of which is the required minimum setback distance as measured perpendicularly between the side lot lines and a line parallel thereto on the lot.

Sewage Treatment Facilities - Central Plant. Central plant facilities for sewage treatment, including wastewater treatment plants, wastewater package plants, reclamation facilities and other similar facilities, proposed to serve 200 or more connections.

Shade Structure. A structure consisting of a frame with no permanent structural elements (e.g. footings, foundations, plumbing, electrical wiring, etc.) and a dark, permeable, removable covering (e.g. netting) used to shade plants grown in the soil or in containers upon the soil.

Shopping Center. A retail commercial center, or group of retail commercial enterprises, planned, developed, managed, and maintained as a unit; with common off-street parking provided to serve all uses on the property.

Short-Term Rental. See "Lodging."

Sign. A structure, device, figure, display, message placard, or other contrivance, or any part thereof, situated outdoors or indoors, which is designed, constructed, intended, or used to advertise, or to otherwise provide information, to direct or attract attention to an object, person, institution, business, product, service, event, or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, illumination, or projected images. Does not include murals, paintings and other works of art that are not intended to advertise or identify any business or product. Types of signs and sign related terms include the following:

1.

A-Board Sign. A portable "a-frame" or "sandwich board" sign, see Figure 10-2 - A-Board Sign, below.

==> picture [156 x 147] intentionally omitted <==

Figure 10-2 - A-Board Sign

2.

Abandoned Sign. A sign that no longer advertises a business, lessor, owner, product, service or activity on the premises where the sign is displayed.

3.

Animated or Moving Sign. A sign which uses movement, lighting, or special materials to depict action or create a special effect to imitate movement.

4.

Awning Sign. A sign placed on an awning, see Figure 10-3 - Awning Sign, below.

==> picture [360 x 168] intentionally omitted <==

Figure 10-3 - Awning Sign

5.

Banner or Pennant. Cloth, bunting, plastic, paper, or similar non-rigid material used for advertising purposes attached to a structure, staff, pole, line, framing, or vehicle.

6.

Canopy Sign. A sign placed on a canopy, see Figure 10-4 - Canopy Sign.

==> picture [360 x 182] intentionally omitted <==

Figure 10-4 - Canopy Sign

7.

Commercial Message. A message on a sign, or portion of a sign, that promotes, informs, or proposes economic transaction, primarily concerns the economic interests of the sign sponsor and/or audience, or is intended to further discussion in the marketplace of goods and services.

8.

Copy. Also called "sign copy." The visually communicative elements mounted on a sign.

9.

Changeable Copy Sign. A sign designed to allow the changing of copy through manual, mechanical, or electrical means including time and temperature.

10.

Construction Sign. A temporary sign placed at a construction site that provides information regarding the project architect, owner, contractors, etc.

11.

Directional Sign. A sign that is designed and erected solely for the purposes of directing vehicular and/or pedestrian circulation within a project site.

12.

Double-Faced Sign. A sign constructed to display its message on the outer surfaces of two opposite planes.

13.

Electronic Message Center Sign. A sign with a fixed or changing display formed by the selective

illumination of an array of light bulbs, light emitting diodes (LEDs), or liquid crystal displays (LCDs) that can be changed electronically.

Flag. Any fabric or banner containing distinctive colors, patterns, or design that displays the symbol(s) of a nation, state, local government, company, organization, belief system, idea, or other meaning.

15.

Flashing Sign. An animated sign that contains an intermittent or sequential flashing light source.

16.

Freestanding Sign. A sign fixed in an upright position on the ground not attached to a structure other than a framework, pole, braces, solid base, or other device, erected primarily to support the sign, see Figure 10-5 - Freestanding Signs, below.

==> picture [360 x 195] intentionally omitted <==

Figure 10-5 - Freestanding Signs

17.

Indirectly Illuminated Sign. A sign whose light source is external to the sign and which casts its light onto the sign from a distance; or where the light source is behind an opaque sign element and causes the opaque element to be outlined by light reflected from the surface to which the sign is mounted.

18.

Institutional Sign. A sign used only for the purpose of identifying an established organization or foundation, typically of a public character (e.g., school, hospital, museum, lodge).

19.

Internally Illuminated Sign. A sign whose light source is located in the interior of the sign so that light passes through the face of the sign, or light source which is attached to the face of the sign and is perceived as a design element of the sign.

Menu Board Sign. A sign that is either affixed to a wall or freestanding, which may be illuminated, which indicates information that is essential for the efficient intake of orders from customers of a drive-through facility.

21.

Mobile Billboard. Any vehicle, or wheeled conveyance which carries, conveys, pulls, displays, or transports any sign or billboard for the primary purpose of advertising a commercial or noncommercial message.

22.

Non-Commercial Message. A message or image on a sign that directs public attention to or advocates an idea or issue of public interest or concern that does not serve to advertise or promote any business, product, activity, service, interest, or entertainment.

23.

Onsite Sign. A sign containing copy relating only to the business, product, service, or activity conducted or sold on the same premises as that on which the sign is located.

24.

Permanent Sign. A sign constructed of durable materials and intended to exist for an indefinite period of time.

25.

Political or Social Issue Sign. A sign that addresses:

a.

The passage or defeat of a measure appearing on the ballot in any national, state, or local election;

b.

The election or defeat of any candidate for any public office in any national, state, or local election; or

c.

An international, national, state, or local political or social issue.

26.

Portable Sign. A sign that is not permanently affixed to a structure or the ground.

27.

Projecting Sign. A sign that projects horizontally from the face of a building, see Figure 10-6 - Projecting Signs, below.

==> picture [288 x 210] intentionally omitted <==

Figure 10-6 - Projecting Signs

28.

Real Estate Sign. A sign indicating that a property or any portion thereof is available for inspection, sale, lease, rent, or directing people to a property, but not including temporary subdivision signs.

29.

Roof Sign. A sign constructed upon or over a roof, or placed so as to extend above the edge of the roof, see Figure 10-7 - Roof Signs, below. Signs mounted on parapet walls are not considered roof signs. Signs which are on pylons or other architectural projections and extend above a roof or parapet wall are, for the purpose of this Development Code, roof signs.

==> picture [360 x 131] intentionally omitted <==

Figure 10-7 - Roof Signs

Safety Sign. A sign warning of hazards.

31.

Shingle Sign. A sign that is suspended beneath a marquee, covered walkway, canopy, or awning, see Figure 10-8 - Shingle Sign, below.

==> picture [288 x 284] intentionally omitted <==

Figure 10-8- Shingle Sign

32.

Sign Area. The area contained within a single continuous perimeter enclosing all parts of such sign copy, excluding any structural elements outside the limits of the sign required to support the sign.

33.

Sign Face. An exterior display surface of a sign, including non-structural trim, exclusive of the supporting structure. The area of a sign which is available for mounting and public display of the visually communicative image.

34.

Sign Structure. A structure that supports or is capable of supporting any sign as defined in this Code.

35.

Temporary Sign. A temporary sign intended to be displayed for a limited period of time and capable of being viewed from a public right-of-way, parking area or neighboring property.

36.

Wall Sign. A sign affixed in any manner to any exterior wall of a building and which is parallel to and projects not more than 18 inches from the building wall and which does not extend more than six inches above the parapet wall or roof of the building on which it is located. Signs which are on architectural projections which do not extend more than six inches above the roof or parapet wall of the building are, for the purpose of this Development Code, wall signs.

37.

Window Sign. A sign posted, painted, placed, or affixed in or on a window, or located within 12 inches from the inside of a window, in a manner that it can be viewed from the exterior of the structure.

Single Room Occupancy. A multi-unit residential use where occupants share common kitchen and bathroom facilities.

Site. A lot or adjoining lots, considered a unit for the purposes of development or other use.

Solar Energy System. Solar energy system means either (a) any solar collector or other solar energy device whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating, space cooling, electric generation, or water heating, or (b) any structural design feature of a building, whose primary purpose is to provide for the collection, storage, and distribution of solar energy for electricity generation, space heating or cooling, or for water heating. Additionally, the following terms and phrases are defined for the purposes of permitting solar energy systems:

1.

Feasible method to satisfactorily mitigate or avoid the specific adverse impact. A "feasible method to satisfactorily mitigate or avoid the specific, adverse impact" includes any cost-effective method, condition, or mitigation imposed by the County on another similarly situated application in a prior successful application for a permit. The County shall use its best efforts to ensure that the selected method, condition, or mitigation meets the conditions of subparagraphs (A) and (B) of paragraph (1) of subdivision (d) of Section 714 of the Civil Code.

2.

Specific, adverse impact. A "specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.

Spa. A business establishment with equipment and facilities for exercising and personal care treatments including depilation, facials, massages, pedicures.

Spa, Natural. Unique natural mineral springs at or in the immediate vicinity of their source as designated on the Comprehensive Plan, when developed for therapeutic use as mineral baths. A spa may include day use accommodations and food service as accessory to the therapeutic use.

Special Care Home. A residential home providing 24-hour non-medical care and supervision (also known as a "Group Home-Children," "Adult Residential Home," "Residential Care Facility for the Elderly or Handicapped," or "Foster Home"). Note: Homes which serve six or fewer persons shall be considered a residential use, subject to the regulations for any other residential dwelling in the applicable zone, and the residents and operators of the home shall be considered a family.

Special District. A public agency other than a city or county, formed in compliance with general law or special act for the local performance of governmental or proprietary functions within limited boundaries. Includes a county service area, a maintenance district or area, an improvement district or improvement

zone, or any other zone or area, formed for the purpose of designating an area within which a property tax rate will be levied to pay for a service or improvement benefiting the area.

Special Problems Area. An area designated by the Board of Supervisors in compliance with Article XV (Special Problems Areas) of Chapter 10 (Building Regulations) of the Santa Barbara County Code as having severe constraints to development that include access, drainage and wastewater disposal.

Sports and Outdoor Recreation Facility. Public and private facilities for various outdoor sports and other types of recreation, were the facilities are oriented more toward participants than spectators. Examples include:

athletic/sport fields (e.g., baseball, football, polo, softball, swimming pools soccer) tennis and other sport courts (e.g., handball, squash) health and athletic club outdoor facilities skateboard parks

Sports and Outdoor Recreation Facility, Accessory. A sports and outdoor recreation facility accessory to the principle use.

Sports Court. A structure which consists of a hardscape or other surface having a minimum size of 20 feet by 50 feet that is utilized in connection with a flat game court structure devoted to recreational purposes including basketball, handball, tennis, and volleyball but excluding bocce ball courts, lawn bowling courts and similar facilities, patios, and areas used for driveways or parking of vehicles.

Stable, Private. An accessory building in which horses are kept for private use and not for remuneration, hire or sale.

Stable, Public. An accessory building in which horses are kept for commercial use including riding, training, boarding, hire, and sale. See also "Equestrian Facility."

State. The State of California.

Stock Cooperative. A corporation which is formed or availed of primarily for the purpose of holding title to, either in fee simple or for a term of years, improved real property, if all or substantially all of the shareholders of such corporation receive right of exclusive occupancy in a portion of the real property, title to which is held by the corporation, which right of occupancy is transferable only concurrently with the transfer of the share or shares of stock or membership certificate in the corporation held by the persons having such right of occupancy. The term "stock cooperative" does not include a limited-equity housing cooperative, as defined in this Chapter.

Storage - Accessory. The indoor storage of materials accessory and incidental to a principal use is not considered a land use separate from the principal use.

Storage - Outdoor. The storage of various materials outside of a structure either as an accessory or principal use.

Story. The portion of a building included between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, then the space between the floor and the ceiling next above.

Street. A permanently reserved, public or private right-of-way, not including alleys or driveways, that provides the public a principal means of vehicular access to abutting or adjacent property. The service or frontage road of a freeway or limited access highway shall be considered as a street separate from the freeway or highway.

Street Frontage. The portion of a property abutting a public or private street, except that when this term is used in Chapter 35.438 (Sign Standards) it shall mean the portion of a property that abuts an improved street or streets open to public use to which the property has access.

Structural Alteration. A change in the supporting members of a structure, including bearing walls, column beams, girders, or trusses, or in the dimensions, support members, or configuration of the roof.

Structure. Anything constructed or erected, the use of which requires location on the ground or attachment to something located on the ground, excluding trailers and sidewalks.

Structure Separation. The distance between structures on the same building site.

Studio - Art, Dance, Martial Arts, Music, etc. Small scale facilities, typically accommodating one group of students at a time, in no more than one instructional space. Examples of these facilities include: individual and group instruction and training in the arts; production rehearsal; photography, and the processing of photographs produced only by users of the studio facilities; martial arts training studios; gymnastics instruction, and aerobics and gymnastics studios with no other fitness facilities or equipment. Also includes production studios for individual musicians, painters, sculptors, photographers, and other artists. Does not include artist studios that are accessory to a residential use.

Studio Dwelling Unit. A dwelling unit that does not contain a bedroom and which is located within a twofamily dwelling or a multiple dwelling.

Subdivision. The division, by any subdivider, of any unit or portion of land shown on the latest equalized Santa Barbara County assessment roll as a unit or contiguous units, for the purpose of sale, lease or financing, whether immediate or future. Property shall be considered as contiguous units even if it is separated by roads, streets, utility easement or railroad rights-of-way. Subdivision includes the following, as defined in Civil Code Section 1715: a condominium project; a community apartment project; or the conversion of five or more existing dwelling units to a stock cooperative.

Supportive Housing. Housing with no limit on length of stay, that is occupied by the target population, and that is linked to an onsite or offsite service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. (See Government Code Section 65582(g))

T.

Definitions, "T."

Target Population. Persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people. (See Government Code Section 65582(i))

Telecommunications Facility. A facility that transmits or receives electromagnetic signals for communication purposes including data transfer. It includes antennas, microwave dishes, horns, and other types of equipment for the transmission or reception of such signals; telecommunication towers or similar structures supporting said equipment; equipment buildings; parking areas; and other accessory development. It does not include facilities staffed with other than occasional maintenance and installation personnel or broadcast studios. Additionally, the following terms and phrases are defined for the purposes of Chapter 35.444 (Telecommunications Facilities).

1.

Antenna. Any system of wires, poles, rods, horizontal or vertical elements, panel, reflecting discs, or similar devices used for the transmission or reception of electromagnetic waves.

2.

Antenna Envelope. The three-dimensional cylinder shaped space that is occupied by antennas and the support structure on which the antennas are mounted. This area/space is measured from the portion of the antenna located furthest from the support structure.

3.

Antenna Support Structure. A pole, utility pole, monopole tower, lattice tower, guyed tower, telescoping mast, tower tripod, or other similar structure utilized for the purpose of supporting an antenna used for the transmission and reception of electromagnetic waves.

4.

Base Station. A structure or equipment at a fixed location that enables Federal Communication Commission-licensed or authorized wireless communications between user equipment and a communications network, which does not encompass a tower or any equipment associated with a tower, and as further defined by 47 C.F.R. Section 1.6100(b)(1), as amended.

5.

Collocation. The mounting of installation of an antenna on an existing tower, building or structure for the purpose of transmitting and/or receiving radio frequency signals for communication purposes, whether or not there is an existing antenna on the structure.

6.

Collocated Telecommunications Facility. A telecommunication facility composed of one or more antennas mounted to an existing tower or other structure.

7.

Collocated Telecommunications Site. Any site where more than one antenna support structure is installed in close proximity to one another on one lot.

8.

Commercial. A telecommunications facility that is operated primarily for or accessory to a business purpose.

9.

Equipment Cabinet. An enclosed physical container installed on the ground or other horizontal surface (e.g. roof, etc.) to house multiple, distinct, non-transmission equipment or devices. Does not include housing for small electronic components such as breaker boxes, housing for transmission equipment, router switch boxes, etc.

10.

Height. The height of a telecommunication tower shall be measured from the natural, undisturbed ground surface below the center of the base of said tower to the top of the tower itself, or, if higher, the uppermost point of the highest antenna or piece of equipment attached thereto. In the case of an antenna or antenna support structure mounted on a building or structure, the height of the antenna or antenna support structure includes the height of the portion of the building that it is mounted on.

11.

Hub Site. A supplemental equipment site that is void of transceiving antennas operated as an accessory to a wireless telecommunications facility. Equipment may include cabinets, switchboards, computer servers, batteries, utility racks, air conditioning units, and emergency back-up generators including fuel storage.

12.

Lattice Tower. A multiple sided open metal frame support structure which supports antennas and related equipment.

13.

Mobile Telecommunications Temporary Facility. A facility that transmits or receives electromagnetic signals for communication purposes including data transfer function that would operate for a limited duration (determined on a case by case basis) and is wholly contained within and/or on a mobile non-permanent vehicle (e.g. trailer, van, or truck). Facility equipment including poles, masts, antennas, computer servers, batteries, generators or similar equipment must be mounted on the vehicle, or located inside.

14.

Monopole. A single pole support structure, constructed without guy wires and ground anchors, used to support communication antennas and connecting appurtenances.

15.

Multiple User. A telecommunications facility comprised of multiple telecommunication towers or buildings supporting one or more antennas owned or used by more than one public or private entity.

16.

Natural Gas Telecommunications Facilities. Natural gas telecommunications facilities includes, but is not limited to, new utility poles, solar panels, antennas, wireless signal transmitting and/or receiving devices, or other telecommunications facilities that are designed for the purpose of natural gas pipeline safety and operations.

17.

Non-commercial. A telecommunication facility that is operated solely for a non-business purpose.

18.

Ridgeline. When used within Section 35.444.010 (Commercial Telecommunication Facilities) and Section 35.444.030 (Telecommunications Facilities Appurtenant to Natural Gas Distribution Facilities), ridgeline shall mean a visually prominent, relatively narrow strip or crest of land, which includes the highest points of elevation within a watershed, that separates one drainage basin from another.

19.

Substantially Visible. A facility is considered to be substantially visible if any portion of the facility stands out as a conspicuous feature of the landscape or breaks the skyline when viewed with the naked eye.

20.

Tenant Improvement. A wireless telecommunication facility where the general public does not have access to the facility and the transmission facility and the associated antennas are (1) entirely enclosed within an existing building or (2) located on the roof of an existing structure, or (3) the antennas are located on the exterior wall of a structure. Tenant improvements do not include antennas that are mounted on utility poles or similar structures.

21.

Tower. A mast, pole, monopole, guyed tower, freestanding tower, or other structure designed and primarily used to support one or more antennas.

22.

Utility Pole Existing. A pole or similar structure owned by a public body or utility that provides support for electrical, telegraph, telephone or television cables, and is in place at the time that an application is submitted to attach telecommunications equipment thereto. A new utility pole that replaces an existing

utility pole is also considered to be existing provided the height and width of the replacement pole are substantially the same as the pole it replaces.

23.

Vault. A subterranean room allowing placement and storage of facility support equipment underground. Components of the vault may also include a ventilation system, drainage system, utility meters and personnel access such as a door, hatch, manhole or cover.

24.

Wireless Telecommunication Facility. A commercial facility that transmits and/or receives radio communication signals through the air for cellular, personal communication services, pagers, and/or similar services. The facility may include: antennas, radio transmitters, equipment shelter or cabinet, air vents, antenna support structure, air conditioning units, fire suppression systems, and emergency back-up generators including fuel storage.

Temporary Guest. Non-paying guests occupying the premises for not more than 120 days in any 12-month period.

Temporary Use. The use of a structure or land for an event for a limited period of time where the site is not to be permanently altered by grading or construction of accessory facilities. Examples of temporary uses include: art shows, car washes, charitable functions, seasonal sales lots.

Theater. An indoor or outdoor facility for spectator group entertainment, other than sporting events. Examples of these facilities include civic theaters, and facilities for "live" theater and concerts and performing arts centers. Does not include movie theaters. Does not include drive-in theaters.

Trail. A marked or beaten path, as through woods or wilderness.

Trailer. A vehicle with or without motor power which is designed or used for hauling materials or vehicles, or for human habitation, office, or storage including camper, recreational vehicle, travel trailer and mobile home but not including mobile homes on a permanent foundation.

Transient. Any person who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license or other agreement for a period of 30 consecutive days or less. Any such person so occupying space in any lodging shall be deemed to be a transient until the period of 30 days has expired unless there is an agreement in writing between the owner or operator and the occupant providing for a longer period of occupancy. A transient is also referred to as a transient occupant.

Transitional Housing. Buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance. (See Government Code Section 65582(j))

Transit Station or Terminal. A passenger station for vehicular, and rail mass transit systems; also terminal facilities providing maintenance and service for the vehicles operated in the transit system. Includes buses, taxis, railway, etc.

U.

Definitions, "U."

Under Construction. The placing of construction materials in permanent position and fastened in a permanent manner.

Urban Area. An area shown on the Comprehensive Plan maps within which is permitted the development of residential, commercial, and industrial activities, and their related uses and structures.

Urbanization. Any commercial, industrial, or residential structure on lots of less than five acres in size, or the creation by land divisions of lots of less than five acres in size.

Utility Infrastructure. Pipelines for water, natural gas, and sewage collection and disposal; and facilities for the transmission of electrical energy for sale, including transmission lines for a public utility company. Also includes telephone, telegraph, cable television and other communications transmission facilities utilizing direct physical conduits. Does not include offices or service centers (see "Offices - Business and Service"), or distribution substations (see "Utility Facility").

Utility Service Line. A line providing electricity, gas, television, and other similar utilities.

V.

Defintions, "V."

Vehicle. A device by which any person or property may be propelled, moved or drawn upon a highway, except a device moved by human power or used exclusively upon stationary rails or tracks.

Vehicle Service, Minor Maintenance/Repair. Minor facilities providing repair and maintenance services. Examples include: attended and self-service car washes; detailing services; muffler and radiator shops; quick-lube services; tire and battery sales and installation (not including recapping). Does not include automobile parking, repair shops that are part of a vehicle dealership on the same site (see "Auto and Vehicle Sales and Rental," and "Mobile Home, RV, and Boat Sales and Rental"); gas stations, which are separately defined; or dismantling yards.

detailing services; muffler and radiator shops; quick-lube services; tire and battery sales and installation (not including recapping). Does not include automobile parking, repair shops that are part of a vehicle dealership on the same site (see "Auto and Vehicle Sales and Rental," and "Mobile Home, RV, and Boat Sales and Rental"); gas stations, which are separately defined; or dismantling yards.

Vision Clearance Area. A triangular space at the street or highway corner of a corner lot wherein the height of plantings, fences, walls, and other structures is restricted by Subsection 35.430.090.I (Vision clearance).

Visitor-Serving Commercial. Retail and service uses not otherwise listed as allowable in a specific zone, that are oriented to the needs of tourists and the traveling public, including barber and beauty shops, gift and souvenir shops, recreational clothing stores, recreational equipment rental (e.g., beach and swimming equipment) and restaurants.

W.

Definitions, "W."

Wastewater Treatment Facility. A system that that treats, stabilizes, stores and disposes into the soil sewage generated from more than one lot.

Wastewater Treatment System. A system, not connected to a wastewater treatment facility, that treats, stabilizes, stores and disposes into the soil sewage generated onsite. The following terms are defined for purposes of permitting and regulating wastewater treatment systems; see Article 1 (Onsite Wastewater Treatment Systems) of Chapter 18C (Environmental Health Services) for additional definitions regarding wastewater treatment systems:

1.

Alternative Wastewater Treatment System. An onsite wastewater dispersal field that consists of components other than a conventional or supplemental treatment system. Examples include "mound", "evapotranspiration", and "at grade" systems.

2.

Conventional Onsite Wastewater Treatment System. An onsite wastewater treatment system composed of a septic tank and a dispersal field that uses leach lines, a leaching bed or seepage pits, a shallow drip or pressurized drain field and does not include alternative onsite wastewater treatment systems.

3.

Drywell. An excavation, typically cylindrical in shape and filled with rock, constructed for the purpose of disposing of sewage effluent from a septic tank or treatment tank.

4.

Maintenance. Work related to the upkeep of a wastewater treatment system. Examples include any installation, repair or replacement of septic tank baffles, risers, tees, ells, tops, access port lids, pumps and blowers.

5.

Modification. The replacement or enlargement of any component of an onsite wastewater treatment system, not defined as maintenance or repair in this Development Code, which results in a change in flow, capacity or design of the system.

6.

Onsite Wastewater Treatment System. A system composed of a septic tank and a dispersal field and related equipment and appurtenances. Onsite wastewater treatment systems are also referred to as septic systems, onsite sewage disposal systems, individual sewage disposal systems or private sewage disposal systems and may include alternative and supplemental treatment systems.

7.

Performance Test. A test conducted to determine the absorptive capacity of a seepage pit by measuring the maximum rate of water absorption after initial presaturation usually expressed as gallons per day.

8.

Repair. The restoration, replacement, or alteration of any malfunctioning or damaged component of an onsite wastewater treatment system except those defined in this Development Code as maintenance. The alteration of a hollow seepage pit to a rock filled seepage pit for the purposes of this article shall be considered a repair.

9.

Septic Tank. A water tight, compartmentalized, covered receptacle designed and constructed to: receive the discharge of sewage; separate the solids from the liquid; digest organic matter; store digested solids for a period of retention; and allow the resultant effluent to discharge from the tank to the dispersal field.

10.

Sewage. Any and all waste substance, liquid or solid, associated with human habitation, or which contains or may contain human or animal excreta or excrement, offal or any feculent matter. Industrial wastewater shall not be considered as sewage.

11.

Supplemental Wastewater Treatment System. An onsite wastewater treatment system that utilizes engineered designs and/or technology to treat effluent to reduce one or more constituents of concern in wastewater. It may also be referred to as an Advanced Treatment System or Enhanced Treatment System. Examples include sand filters, textile filters and aerobic treatment units but do not include composting or incinerating toilets.

Water Diversion Project. The diversion of water from a natural channel to another location through alteration of the natural channel and/or artificial structures.

Water System. A system for the extraction and provision of water utilizing a well or wells and including any collection, treatment, storage and distribution facilities.

Water Supply, Treatment, Storage Facilities - Central Plant. Central plant facilities for domestic, commercial, industrial or recreational water production, including onsite water wells, water systems, water treatment plants, water package plants and other similar facilities proposed to serve 200 or more connections.

Wetbar. An area of a room that may include cabinets, counters, refrigeration units and sinks but no cooking facilities, as restricted by Chapter 35.442 (Standards for Specific Land Uses).

Wetland. Lands that may be covered periodically or permanently with shallow water and include saltwater marches, freshwater marshes, open or closed brackish water marshes, swamps, mudflats, and fens.

X.

Definitions, "X." No specialized terms beginning with the letter "X" are defined at this time.

Y.

Definitions, "Y."

Yard. See "Setback."

Z.

Definitions, "Z."

Zoo. A park or an institution in which living animals are kept and usually exhibited to the public. Also called zoological garden.

(Ord. No. 5169, § 9, 11-29-2022; Ord. No. 5193, § 8, 11-7-2023; Ord. No. 5203, § 13, 2-13-2024; Ord. No. 5239, § 14, 2-11-2025)

APPENDIX A - TABLE OF ORDINANCES AMENDING THIS LAND USE & DEVELOPMENT CODE

_____

Beginning in 2022, this table will be replaced by the Code Comparative Table and Disposition List.

APPENDIX B - GUIDELINES FOR MINOR CHANGES TO LAND USE PERMITS

---

The following guidelines shall be used by the Director to determine if a minor change to an approved or issued Land Use Permit can be allowed without requiring a new permit.

The proposed change would otherwise be exempt from Design Review pursuant to Section 35.472.070 (Design Review).

The proposed change would otherwise be exempt from a Land Use Permit pursuant to Section 35.420.040 (Exemptions from Planning Permit Requirements).

3.

The project has not been the subject of substantial public controversy or interest and there is no reason to believe that the proposed change has the potential to create substantial controversy.

4.

The change does not increase the height of the roof ridgeline.

5.

The change would not be counter to design direction provided by the Montecito Board of Architectural Review.

6.

If the site is one acre or less, the footprint of the structure may not be moved more than five percent closer to the property line. If the site is more than one acre, the footprint of the structure may not be moved more than 10 percent closer to the property line.

7.

The change does not result in the removal of a specimen trees.

8.

The change does not affect easements for trails, public access, or open space.

9.

The change does not increase the required number of parking spaces.

If the proposed "minor" change does not conform to the guidelines identified above, the applicant should apply for a new planning permit.

APPENDIX C - GUIDELINES FOR TELECOMMUNICATIONS SITES IN RURAL AND INNER-RURAL AREAS

_____

These guidelines implement the requirements contained in the Montecito Development Code for telecommunication sites. Special circumstances may dictate deviation from these guidelines based on recommendations of the Montecito Board of Architectural Review and the determination of the review authority.

A.

Site Design

Berming/Bunkering

a.

If ground equipment cannot be screened by natural topography and/or existing vegetation, and the provision of new landscape screening is not considered feasible or appropriate, the equipment areas may be screened through the use of bunkers, low berms, or a combination of both.

b.

Bunker walls should not be visible from public viewing areas.

c.

Low berms (two to three) may be used on sides of the facility visible from public roadways. The berms should be naturally contoured using excess cut material from the site.

d.

Any berming and/or bunkering should avoid impacts to existing vegetation and should not create additional erosion problems.

e.

The antennas should be located out of the skyline as much as possible (move downslope).

2.

Fencing

a.

All fencing should be made out of material that blends into the surrounding terrain and should not create any visual impacts.

b.

Per the communication ordinance standards, the general public shall be excluded from the facility.

c.

If a site is not accessible to the general public, the Department may not require security fencing. A low cattleguard should be considered to keep range animals out of the facility. The cattleguard should be constructed out of the smallest diameter pipe possible.

d.

If the lease area is accessible to the general public, security fencing, such as chain link, should be used. The fencing should be no higher than five feet above finished grade.

e.

Solid inserts in the fencing will be discouraged.

3.

Access Roads. The creation of new access roads or substantial improvement of existing roads as a direct result of the telecommunication project will be discouraged.

4.

Lighting. Lighting of the facility, other than lighting for emergency repairs, will be discouraged.

5.

Signage. If signs are required for the project, such as directional signs per Fire Department recommendations, then the signs should be as small as possible and placed in locations not readily seen from public viewing areas, if possible.

6.

Vegetation

a.

Site design should minimize impacts to existing vegetation.

b.

Disturbed areas (e.g. trenches, berms, cuts), or areas that require erosion control, should be revegetated with a seed mix/plantings compatible with the surrounding vegetation. A temporary irrigation system may be required.

c.

If landscaping is required for screening purposes, the landscaping should consist of long lived plant species native to that area. The planting of exotic species is discouraged. A permanent or temporary irrigation system may be required.

B.

Collocation/Trenching

1.

If a site has existing carriers, it is preferable to have the new facility tie into existing electric and/or telephone pedestals of the existing carriers at the lease site as opposed to trenching from the closest utility lines. This is not always possible and requires the cooperation of competitors.

2.

If a significant amount and distance of trenching must occur, then it should be confined to previously disturbed areas or follow the existing access road and should contain extra conduit for future expansion by other carriers.

3.

If a utility trench is located in a constrained area (e.g. steep slopes, sensitive resources, highly visible area, other underground utilities), the location of the trench may be marked and reviewed in the field in order to minimize impacts to the sensitive resources and/or to avoid conflicts with other utilities.

C.

Visual Impacts

1.

Colors

a.

The color of the facility should match the backdrop from the most visible public viewpoint.

b.

The color of the at-grade equipment that is not visible in the skyline should match the color of the surrounding vegetation that predominates for the majority of the year.

c.

If an existing facility is located at the proposed lease site, and the existing facility has a color scheme that successfully reduces visual impacts, then the existing facility should serve as a guide for the color scheme of the proposed facility.

d.

Equipment visible against the skyline should in most cases be a medium grayish color. A sky blue color should only be used with caution since it tends to be more visible on overcast or foggy days.

e.

Color schemes (all flat colors; equivalent colors from any paint manufacturer may also be used):

Antennas/equipment visible against skyline = gray, e.g. Dutch Boy "Marblehead" (32-V-2), Frazee "Tradewind" (8641W), or Frazee "Dusty Miller" (8634M).

Equipment (including fencing), and in some cases, antennas within an oak woodland, or other dark green vegetation = Dark green, e.g. Frazee "Blackened Beam (8646N), Frazee "Greek Olive" (8656N), or Frazee "Potting Shed" (8666N).

Equipment (including fencing), and in some cases, antennas within a grassland (example, ridges around Los Alamos and Los Olivos) = green/tan, e.g. Frazee "Wild Grasses" (8175D), Frazee "Backpack" (8664M),

or Frazee "Muddy River" (8674M).

Equipment (including fencing), and in some cases, antennas within a savannah (example, hills south of Lompoc) = green/gray, e.g. Frazee "Muddy River" (8674M).

f.

The least visually obtrusive support structure as viewed from the most visible public viewpoint should be used. Natural wood poles, steel poles, concrete poles, or lattice towers are all acceptable support structures. The review authority would ultimately determine the appropriate support structure for a particular site with recommendations from staff.

g.

If organic or mineral mulch and/or riprap are used within the lease area, the material should match, or be compatible with, the color of the ground surface. For example, the use of white rock on a tan ground surface would be discouraged.

h.

If temporary or permanent irrigation is required, all above ground equipment (i.e. water tanks) should be painted the same color as the facility so as not to create new visual impacts.

APPENDIX D - SUBSTANTIAL CONFORMITY DETERMINATION GUIDELINES

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On occasion, an applicant requests slight deviations from an approved action in order to carry out a project. The Montecito Land Use and Development Code allows certain types of alterations from an approved project, following a determination of substantial conformity.

Procedure:

1.

Applicant obtains an application for a Substantial Conformity Determination at the Department and pays applicable fees which may vary depending on the complexity of the request.

2.

The Department reviews the project description that was considered at the time of project approval.

3.

The Department considers key issues:

Has the project been the subject of substantial public controversy, or is there reason to believe the change is likely to create substantial public controversy?

Will the deviation result in a change to the project that would alter the scope and intent of the project the review authority acted on?

Would the deviation alter the public's perception of the project?

Would the deviation result in environmental effects not analyzed or discussed at the time of project approval and/or result in the need for additional mitigation measures?

If the answer to any of these basic questions is "yes", the Director cannot make a determination of substantial conformity.

4.

The Department compares the request with established criteria. Listed below are criteria developed to assist in determining whether proposed changes to approved projects are in substantial conformity with the approved plans.

a.

Does not conflict with project conditions of approval and/or recorded map conditions.

b.

Does not result in health or safety impacts.

c.

That the project facilities, operating procedures, environmental impacts, safety impacts, and the project's compliance with policies are substantially the same as those considered in the previous permit issued by the Director.

d.

That the changes proposed can be effectuated through existing permit conditions.

e.

That the impacts and changes do not alter the findings that the benefits of the project outweigh the significant unavoidable environmental effects made in connection with the original approval.

f.

Does not result in an increase of 1,000 sq. ft. or more than 10 percent of building coverage of new structures over total project approvals, whichever is less.

g.

Is clearly exempt from environmental review or was evaluated in the environmental review document prepared for the project and there are no new significant impacts related to the project change.

h.

Does not require the removal of specimen trees or impact areas defined in the project environmental document as sensitive or designated as areas prohibiting structures.

i.

Is consistent with Comprehensive plan policies and Montecito Land Use and Development Code requirements.

j.

Does not result in more than 1,500 cubic yards of net cut and/or fill, and avoids slopes of 30 percent or greater, unless these impacts were addressed in the environmental assessment for the project and mitigation measures were imposed to mitigate said impacts and the proposal would not compromise the mitigation measures imposed or result in additional environmental impacts.

k.

Is located within the same general location as, and is topographically similar to, approved plans. The location shall not be moved more than 10 percent closer to a property line than the originally approved development.

l.

Does not result in an overall height which is greater than 10 percent above the approved height. The project must remain consistent with height requirements of the zone.

m.

Receives Design Review approval for landscaping and structures, if necessary.

n.

Does not result in intensification of use; e.g., no new employees, no increases in traffic, if these were important to the previous environmental/policy analysis.

o.

Does not affect easements for trails, public access, or open space.

5.

Depending on the degree of complexity for a substantial conformity determination request, the Department takes action as follows:

a.

If a Substantial Conformity Determination request is minor, e.g., no additional conditions are required, is not controversial, does not alter the intent of the decision-makers action, the Director issues the Land Use Permit.

b.

The Department prepares a letter outlining the changes to be made and why they are being approved. The letter must be reviewed and signed by the Director.

6.

If a Substantial Conformity Determination cannot be made regarding changes to a project, the applicant may:

a.

Withdraw the request and continue with the project as approved; or

b.

Submit an application for a Substantial Conformity Determination to the review authority for the original permit to which the Substantial Conformity Determination is requested, or apply for Amendment or Revision of the original permit.

7.

Substantial Conformity Determinations are made by the review authority for the original permit if the conditions of that permit so require.

APPENDIX E - AGRICULTURAL BUFFER IMPLEMENTATION GUIDELINES

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I.

Purpose and Intent. The Agricultural Buffer Implementation Guidelines (Guidelines) are intended to assist planners and the review authority in implementing the requirements contained in Section 35.430.025 (Agricultural Buffers). Specifically, the guidelines assist with (1) determining buffer widths for a proposed project, (2) identifying locations of proposed development and land uses allowed within the agricultural buffer (3) clarifying the process and, (4) incorporating site design concepts that are compatible with agriculture.

II.

Agricultural Buffer Width Adjustment. The Agricultural Buffer Width table in Subsection 35.430.025.D (Agricultural Buffer Requirements) contains ranges for the buffer width. The minimum buffer width minimizes potential land use conflicts to a reasonable, typical level. However, ranges are provided because circumstances may require the buffer width to be adjusted.

A.

The following site specific factors may warrant an increase in the width of the required buffer:

1.

Crop type/agricultural practices. Crop type influences agricultural practices. Rotational crops such as strawberries and vegetables require intensive farming practices that generate substantial amounts of dust, odors, noise and other irritants. Crops that utilize intensive farming practices may warrant an increase in the buffer.

2.

Elevation differences and topography. Elevation differences and topographical features, such as a valley or hill, affect air flow and may separate agriculture and non-agricultural development and uses. Projects located on terrain that provides no natural separation between agricultural and non-agricultural development and uses may warrant an increase in the buffer width.

3.

Location of existing roads or naturally occurring barriers. An increase in buffer width may be warranted if such features are absent or ineffective because of wind direction, terrain or other reasons.

4.

Historical land use on the agricultural lot. The agricultural lot may currently be fallow, in between plantings, planted with a temporary crop (such as a cover crop) or may have supported crops in the past. Therefore, if the agricultural lot is not currently used for agriculture, a buffer may still be warranted if the lot was used for agriculture within the last 10 years. If the project applicant claims a buffer is not required due to existing

lack of agriculture on the agriculturally zone lot, the project applicant must prove the land was not used for agriculture within the last 10 years. The Department of Conservation's Important Farmland Maps and aerial imagery can provide historical agricultural use information.

5.

Future farming potential of the agricultural lot. A buffer width increase may be warranted if the current agricultural use is rangeland/pastureland or not currently used for agriculture but the soils have the potential to support higher value crops and there is a source for agricultural water. For the purposes of these Guidelines, land has future farming potential if its predominant soil type has an irrigated land capability classification of Class I, Class II, Class III or Class IV as defined by the Natural Resource Conservation Service (NRCS) soil survey maps for Santa Barbara County. Land has limited farming potential if its predominant soil type has an irrigated land capability classification of Class VI, Class VII, or Class VIII. Santa Barbara County does not have Class V soils.

6.

Site design of the non-agricultural proposal. Non-agricultural projects with site design features that contribute toward potential land use conflicts may warrant a buffer width increase. See Section V (Site Design) of these Guidelines for a discussion on site design.

7.

Prevailing wind direction. Consider a buffer width increase if the prevailing wind blows from the agricultural lot toward the non-agricultural lot.

B.

If an increase in the width of the buffer is warranted based on site specific factors, the following additional factors may offset a buffer width increase:

1.

Non-agricultural lot size and configuration. If a lot cannot reasonably accommodate a buffer increase because of lot size or configuration, consider redesigning the project or applying the minimum buffer width. Refer to Subsection 35.430.025.D.6. (Reasonable use) of this Development Code.

2.

Extent and location of existing non-agricultural development. An increase in buffer width may not be warranted if the project applicant can demonstrate that the agricultural lot has already been severely impacted by existing non-agricultural development and uses adjacent to the agricultural lot.

3.

Vegetative screening adjacent to Production Agriculture. In compliance with Subsection 35.430.025.D.3.b. of this Development Code, if the project is adjacent to production agriculture and site specific factors warrant a buffer width increase, vegetative screening may be used to offset an increase in the buffer width. For example, a commercial development proposed adjacent to production agriculture would require a minimum 100-foot buffer as per Subsection 35.430.025.D.1 of this Development Code. The Department and Agricultural Commissioner's Office may recommend a buffer width increase due to site specific factors (e.g. increase an additional 50 feet or 100 feet). The Department and Agricultural Commissioner's Office may also recommend the use of a vegetative screen and reduce the buffer width increase. The vegetative screen may mitigate only a portion of the buffer width increase (e.g. offset 50 feet of a 100 feet buffer width increase).

C.

If the agricultural lot contains both Production Agriculture and Rangeland or Pastureland and the Production Agriculture is not immediately adjacent to common lot line between the project site and the adjacent agriculturally zoned lot where the Production Agriculture is located, Subsection 35.430.025.D.1.b (Agricultural buffer width) of this Development Code describes how to determine the buffer width. The following steps and diagrams illustrate how to determine the buffer width for those scenarios.

Step 1. Determine the buffer width required for the proposed use for the adjacent Rangeland or Pastureland.

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Step 2. Take the distance determined in Step 1 and apply it to the agricultural use side of the property line.

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Step 3. Determine if the production agriculture is within the distance as determined in Step 2.

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Step 4. If the Production Agriculture is within the distance as determined in Step 2, than the adjusted buffer is the buffer width that would be applied for Production Agriculture. For example, if the Agricultural Buffer width is 200 feet for the proposed use when adjacent to Production Agriculture, the adjusted buffer width would be 200 feet.

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III.

Allowable Uses Within Agricultural Buffers. Subsection 35.430.025.E (Allowable uses within agricultural buffers) specifies unrestricted uses and restricted uses within the buffer.

A.

Unrestricted uses are compatible with agriculture because they do not invite visitors, do not require frequent maintenance, and do not attract wildlife. Uses that invite visitors or attract wildlife may conflict with agriculture and the location of such uses is restricted within the buffer.

B.

Restricted Use Modification. The Department, in consultation with the Agricultural Commissioner's Office, may recommend that the review authority modify a restricted use within the agricultural buffer if it can be determined that strict compliance with Subsection 35.430.025.E (Allowable uses within agricultural buffers) is not required to minimize conflicts with adjacent agriculture. To determine if the restricted use modification is warranted, the Department may consider site specific factors, agricultural practices and input from adjacent agricultural land owners/property operators.

IV.

Application Procedures.

A.

Prior to application submittal. It is recommended the applicant meet with the Department, the Agricultural Commissioner's Office, and adjacent landowners (in conjunction with property operators) to discuss the non-agricultural project's compatibility with adjacent agriculture and application of proposed agricultural buffer requirements. Applicants are encouraged to include site planning and project design features that are compatible with adjacent agriculture.

B.

Project review. During the application review process, the Department should consult adjacent agricultural landowners (in conjunction with property operators) whenever possible to discuss the proposed nonagricultural development.

C.

Recommendations. For all discretionary development applications subject to the provisions of Section 35.430.025 (Agricultural Buffers) of this Development Code, the Department in consultation with the Agricultural Commissioner shall review the permit application and make recommendations to the review authority concerning buffer width, uses within the buffer, the Landscape, Lighting and Irrigation Plan, and the Buffer Maintenance Plan.

V.

Site Design. Urban development that is "agriculturally friendly" can play a significant role in promoting compatibility between agricultural and non-agricultural uses. Projects can achieve compatibility by incorporating creative site planning and project design concepts such as:

A.

Locating outdoor use areas such as backyards, patios, and playgrounds away from agricultural areas.

B.

Terminating roads away from agricultural areas to reduce trespassing on agricultural land.

C.

Including the use of sound proof construction materials such as double pane windows. See Guide to Edge Planning - Promoting Compatibility Along Urban-Agricultural Edges, British Columbia, Ministry of Agriculture and Lands, June 2009.

D.

Clustering of buildings to maximize buffering between residences and agriculture.