Article II — COASTAL ZONING ORDINANCE

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ARTICLE II. - COASTAL ZONING ORDINANCE DIVISION 1. - IN GENERAL.

Section 35-50. - Title and Purpose.

The regulations contained in this Article shall be known as and referred to as the "Coastal Zoning Ordinance of Santa Barbara County."

Pursuant to Public Resources Code Section 30500 of the California Coastal Act of 1976, this County must prepare a local coastal program (LCP) for that portion of the unincorporated area of the County within the Coastal Zone. County's local coastal program must include: (1) the Land Use Plan (LUP), which is the local coastal element (Public Resources Code Section 30108.55) of the County's general plan (Public Resources Code Section 30108.5);(2) a zoning ordinance, which is this Article, and (3) zoning district maps which apply the regulations of this ordinance to property, which when taken together, meet the requirements of and implement the provisions and policies of the Coastal Act of 1976, Public Resources Code Section 30108.6.

On March 17, 1981, the California Coastal Commission, pursuant to Public Resources Code Section 30512(d), certified most of County's Land Use Plan. The next step required in the preparation of the Local Coastal Program is the preparation and adoption by County of this zoning ordinance, which will implement the certified Land Use Plan by classifying and regulating the uses of land, buildings, and structures within the Coastal Zone.

The purposes of this ordinance are to:

1.

Protect, maintain, and where feasible, enhance and restore the overall quality of the Coastal Zone environment and its natural and manmade resources.

2.

Assure orderly, balanced utilization and conservation of Coastal Zone resources taking into account the social and economic needs of the people of this County and of the State.

3.

Maximize public access to and along the coast and maximize public recreational opportunities in the Coastal Zone consistent with sound resource conservation principles and constitutionally protected rights of private property owners.

4.

Assure priority for coastal-dependent and coastal-related development over other development on the coast.

5.

Provide a definite plan for development so as to guide the future growth of the County within the Coastal Zone.

6.

Protect the character and stability (social and economic) of agricultural, residential, commercial, and industrial areas.

Section 35-51. - Applicability.

Any person (including the County, any utility, any federal, state, local government, or special district or any agency thereof) wishing to perform or undertake any development within the Coastal Zone of the unincorporated area of the County of Santa Barbara shall comply with the provisions of this Article with the following exceptions:

1.

Lands the use of which is by law subject solely to the discretion of or which is held in trust by the Federal Government, its officers or agents. (16 U.S.C. Section1453, Federal Coastal Zone Management Act of 1972)

2.

New or expanded thermal electric generating plants and electric transmission lines connecting such plants to existing electric transmission systems under the exclusive jurisdiction of the California Energy Resources Conservation and Development Commission. (Public Resources Code Section 25500 and 30264)

3.

Any development proposed or undertaken within any state university or college. (Public Resources Code Section 30519)

4.

Repair and maintenance, other than that within an environmentally sensitive habitat area, undertaken by the County or any district or agency of which the Board of Supervisors of County is the governing body.

5.

Any development proposed or undertaken on any tidelands, submerged lands, or on public trust lands, whether filled or unfilled (Public Resources Code Section 30519), unless the County has permitting authority because the public trust lands have been filled and developed and are located in an area committed to urban uses (Public Resources Code Section 30613).

(Added by Ord. 4964, 12/14/2017)

Section 35-51B. - Exemptions from Planning Permit Requirements.

(Added by Ord. 4964, 12/14/2017)

A.

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

1.

The use, activity, or structure is established and operated in compliance with the setback requirements, height limits, parking requirements, and all other applicable standards of this Article, the required provisions and conditions of any existing, approved permits for the subject lot and, where applicable, Division 10 (Nonconforming Structures and Uses); and

2.

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

B.

Exempt activities and structures. The following types of development are exempt from the requirements of this Article to obtain a Coastal Development Permit, except as noted below. Development that does not qualify as an exempt activity or structure in compliance with this Subsection A (Exempt activities and structures) may still be allowed in compliance with a Coastal Development Permit issued in compliance with Section 35-169 (Coastal Development Permits).

1.

Exemption does not apply. An exemption for the types of development described in Subsections B.2 through B.5, B.9 and B.11, below, shall not apply, and a Coastal Development Permit shall be required in addition to any other required planning permit, where:

a.

The development or structure is located within or adjacent to a wetland, stream, beach, environmentally sensitive habitat area, or on or within 300 feet of a coastal bluff, or within areas designated in the Coastal Land Use Plan as highly scenic; or

b.

Any significant alteration of land forms, including removal or placement of vegetation, occurs on a beach, wetland, stream, or sand dune, or within 50 feet (for improvements to existing single family residences) or 100 feet (for improvements to all other structures governed by Subsection B.2 of this Section) of the edge of a coastal bluff, in environmentally sensitive habitat areas; or

c.

The development or structure may result in any potential adverse effects to public access to the beach or public hiking and equestrian trails (including where there is substantial evidence of prescriptive rights); or

d.

The development or structure may result in significant adverse impacts to scenic views from beaches, parklands, public viewing areas and public roadways; or

e.

On property that is located between the sea and the first public road paralleling the sea or within 300 feet of the inland extent of any beach or of the mean high tide of the sea where there is no beach, whichever is the greater distance, or in designated significant scenic resources areas, a development results in:

1)

An increase of 10 percent or more of internal floor area of an existing structure or an additional improvement of 10 percent or less where an improvement to the structure had previously been undertaken pursuant to the exemption in Subsection B.2 (Improvements to a structure, other than a public works facility), below, or the analogous exemption in Coastal Act (PRC § 30610(a) or (b)), which would result in a total increase in floor area of 10 percent or more, and/or

2)

An increase in height by more than 10 percent of an existing structure and/or any significant non-attached structure such as a garage, fence, or shoreline protective works or docks.

f.

The improvement is to a structure other than an existing single family residence and changes the intensity of use of the structure.

g.

The improvement is to a structure where the development permit issued for the original structure by the Coastal Commission, regional Coastal Commission, or County indicated that any future improvements would require a Coastal Development Permit.

h.

In areas which the County or Coastal Commission has previously declared by resolution after public hearing to have a critically short water supply that must be maintained for the protection of coastal resources or public recreational use, the construction of any specified water-using development not essential to residential use including swimming pools, or the construction or extension of any landscaping irrigation system.

i.

The development includes an expansion or construction of water wells or septic systems.

j.

Any improvement to a structure other than an existing single family residence made pursuant to a conversion of an existing structure from a multiple unit rental use or visitor-serving commercial use to a use involving fee ownership or long-term leasehold including but not limited to a condominium conversion, stock cooperative conversion or motel/hotel timesharing conversion.

2.

Improvements to a structure, other than a public works facility. The following development and uses may constitute improvements to a structure, other than a public works facility, that are exempt from the requirement to obtain a Coastal Development Permit except as provided in Subsection B.1 (Exemption does not apply), above. For purposes of this Subsection B (Exempt activities and structures), where there is an existing structure, other than a public works facility, (1) all fixtures and other structures directly attached to the structure; and (2) landscaping on the lot, shall be considered a part of that structure. Additionally, the following development and uses may be determined by the Director to be improvements to a structure, other than a public works facility, even when the development and use is not directly attached to the existing structure, provided that the development and use is accessory to the existing structure:

a.

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

b.

Antennas. Ground or roof mounted receive-only satellite dish or wireless television antenna less than one meter in diameter used solely by the occupants of the property on which the antenna is located for the noncommercial, private reception of communication signals, see Section 35-144G (Noncommercial Telecommunications Facilities).

c.

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

1)

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

2)

The change of occupancy is from a land use listed as a permitted use in the applicable zone in Division 4 (Zoning Districts) to the same land use (e.g., from restaurant, café or coffee shop to a restaurant, café or coffee shop) and does not result in a change in density or intensity of land use.

3)

The new occupancy does not result in an increase in the number of parking spaces required to be provided on-site.

4)

The new occupancy is established and operated in compliance with the setback requirements, height limits, parking requirements, and all other applicable standards of this Article, including any required provisions and conditions of any existing, approved permits for the subject lot.

5)

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

d.

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

e.

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

f.

Fences, gates, gateposts, and walls. See Section 35-123 (Fences, Walls and Gate Posts).

g.

Exterior parking. Exterior parking on a residentially zoned lot that does not require a Coastal Development Permit pursuant to Section 35-117A.1.

h.

Grading. Grading activities of 50 cubic yards or less that do not require the approval of a Grading Permit.

i.

Interior alterations. Interior alterations that do not result in any of the following:

1)

A conversion from non-habitable area to habitable area.

2)

An increase in the gross floor area within the structure.

An increase in the required number of parking spaces.

4)

A change in the permitted use of the structure.

j.

Onsite wastewater treatment systems. The repair of any portion of an existing onsite wastewater treatment system, including alternative wastewater treatment systems and wastewater treatment systems located on a lot in a Special Problem Area that is designated as such due to sewage disposal constraints, provided that the repair does not result in expansion of the system.

k.

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

l.

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

m.

Signs, flags, and similar devices. Signs that may be permitted in compliance with Section 35-138 (Signs and Advertising Structures) that are proposed to be affixed to existing, lawfully constructed structures.

n.

Solar energy systems. The addition of solar energy systems to the roofs of existing lawful structures.

o.

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

p.

Storage of materials. Storage of materials accessory to the principal structure or use on the lot on which the storage is located on a residentially zoned lot that does not require a Coastal Development Permit pursuant to Section 35-144K.C.

q.

Structures of limited value. Except for telecommunications facilities regulated under Sections 35-144F (Commercial Telecommunication Facilities) and Section 35-144G (Non-commercial Telecommunication

Facilities), structures having an aggregate value of less than $2,000.00, as determined by the Planning and Development Department.

r.

Trailer storage. The storage of a trailer as an accessory use to residential use in compliance with Section 35-132.10.6.

s.

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

3.

Agricultural activities. As part of existing, on-going lawfully established agricultural operations, the following development and uses are exempt from the requirement to obtain a Coastal Development Permit, except as provided in Subsection B.1 (Exemption does not apply), above.

a.

Agricultural accessory structures.

1)

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

2)

In the AG-I, AG-II and RR zones, agricultural accessory structures that are roofed and supported by posts or poles, do not exceed 500 square feet of roof area, are unenclosed on all sides, and do not have plumbing or electrical facilities.

3)

In the AG-II zone, loading ramps used for the purpose of loading livestock for transport.

b.

Agricultural product sales. See Section 35-131 (Agricultural Sales).

c.

Fences, gates, gateposts, and walls. See Section 35-123 (Fences, Walls and Gate Posts).

d.

Grading. Grading activities of 50 cubic yards or less that do not require the approval of a Grading Permit.

e.

Irrigation lines. The installation of irrigation lines provided the approval of a Grading Permit is not required.

f.

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

g.

Signs, flags, and similar devices. Signs that may be permitted in compliance with Section 35-138 (Signs and Advertising Structures) that are proposed to be affixed to existing, lawfully constructed structures.

h.

Structures of limited value. Except for telecommunications facilities regulated under Sections 35-144F (Commercial Telecommunication Facilities) and 35-144G (Non-commercial Telecommunication Facilities), structures having an aggregate value of less than $2,000.00, as determined by the Planning and Development Department.

4.

Drywells. Performance testing and installation of dry wells, except for lots in designated Special Problem Areas for sewage disposal.

5.

Final or Parcel Map recordation. The recordation of a Final Map or Parcel Map following the approval of a Tentative Map including Vesting Tentative Maps provided a Coastal Development Permit was approved in conjunction with the approval of the Tentative Map and the Coastal Development Permit has not expired.

6.

Lot Line Adjustment recordation. The recordation of documents required to complete a Lot Line Adjustment provided a Coastal Development Permit was approved in conjunction with the approval of the Lot Line Adjustment and the Coastal Development Permit has not expired.

7.

Repair and maintenance.

a.

Repair and maintenance activities are exempt from the requirement to obtain a Coastal Development Permit, except as provided in Subsection B.7.b, below, provided the activities:

Do not result in addition to, or enlargement or expansion of the object of the repair or maintenance activities; and

2)

Comply with Appendix C (County Guidelines on Repair and Maintenance, and Utility Connection to Permitted Development) of this Article herein incorporated by reference.

b.

The exemption in Subsection B.7.a above shall not apply to the extraordinary methods of repair and maintenance which require a Coastal Development Permit because they involve a risk of adverse environmental impact as described in Section III of Appendix C (County Guidelines on Repair and Maintenance, and Utility Connection to Permitted Development) of this Article herein incorporated by reference.

8.

Retaining walls. Retaining walls (retaining earth only) that are not over four feet in height measured from the bottom of the footing to the top of the wall and does not require a Grading Permit in compliance with County Code Chapter 14.

9.

Structure Destroyed By Natural Disaster.

a.

Damaged or destroyed structure. In compliance with the intent of Public Resources Code Section 30610(g) and this Development Code, the restoration or reconstruction of a conforming structure (other than a public works facility) damaged or destroyed by a disaster, as determined by the Director. For the purposes of this Section only, disaster is defined as a situation in which the force or forces that destroyed the structure to be replaced were beyond the control of the owners.

1)

The replaced or restored structure shall comply with all requirements of the applicable zone (including permitted uses), shall be for the same use as the destroyed structure, shall be in the same footprint location, and shall not exceed the floor area, height, or bulk of the damaged or destroyed structure by more than 10 percent. For the purposes of this Section, "structure" shall include landscaping and any erosion control structure or device; and bulk is defined as total interior cubic volume as measured from the exterior surfaces of the structure.

2)

If the Director determines that the exterior design or specifications are proposed to be changed, the restored or replaced structure shall require review by the Board of Architectural Review in compliance with Section 35-184 (Board of Architectural Review), if the structure is otherwise required to be reviewed by the Board of Architectural Review (for example, the site is within the Design Control (D) Overlay District).

Temporary Events and Filming.

a.

Temporary Events. See Section 35-137 (Temporary Uses).

b.

Temporary filming structures. Structures and related development required for temporary motion picture, television, and theater stage sets and scenery, and still photographic sessions, provided that the development does not require alterations of the natural environment such as removal of vegetation, grading, or earthwork.

11.

Utility connection to approved development. Installation, testing, placement in service, or the replacement of any necessary utility connection between an existing service facility and any development that has been granted a Coastal Development Permit provided the installation, testing, placement in service, or replacement is in compliance with Appendix C (County Guidelines on Repair and Maintenance and Utility Connection to Permitted Development).

C.

Process. Any determination made by the Director that a use, activity, or structure is exempt from the planning permit requirements of this Article in accordance with this Section is final and not subject to appeal except in accordance with Section 30625 of the Coastal Act.

(Ord. No. 5194, § 1, 11-7-2023)

Section 35-51C. - De Minimis Waiver of Coastal Development Permit.

(Added by Ord. 5043, 09/13/2018)

A.

General requirements for De Minimis Waiver. If a structure was damaged or destroyed as a result of a debris flow or other catastrophic event resulting in a significant change in topography or alteration of drainage features (e.g., creeks, streams, waterways, etc.) located on or affecting the lot on which the replaced or restored structure would be located, and is not otherwise exempt pursuant to Section 35.51B, Exemptions from Planning Permit Requirements, the Director may waive the requirement for a Coastal Development Permit through a De Minimis Coastal Development Permit Waiver to replace or restore the structure(s) on the same lot in compliance with this Section, upon a determination that the development meets all of the following criteria and procedural requirements. Such decision is not locally appealable.

1.

No Adverse Coastal Resource Impacts. The development has no potential for adverse effects, either individually or cumulatively, on coastal resources;

2.

Local Coastal Program Consistency. The development is consistent with the certified Santa Barbara County Local Coastal Program, including the resource protection policies, as applicable;

a.

The replaced or restored structure may be relocated on the lot if the Director, in consultation with the Flood Control District, determines the relocation to be necessary to comply with applicable setbacks from top-ofbank and to reduce flood hazards, as long as the structure otherwise complies with this Chapter and with the applicable policies of the Local Coastal Program.

b.

The restored or replaced structure shall not exceed the floor area of the damaged or destroyed structure by more than 10 percent. Notwithstanding the height measurement methodology contained in Section 35127.A, the height of the replaced or restored structure (as measured from the post-event grade to peak roof height) may exceed the height of the destroyed or damaged structure by more than 10 percent if the

d or replaced structure shall not exceed the floor area of the damaged or destroyed structure by more than 10 percent. Notwithstanding the height measurement methodology contained in Section 35127.A, the height of the replaced or restored structure (as measured from the post-event grade to peak roof height) may exceed the height of the destroyed or damaged structure by more than 10 percent if the

Director, in consultation with the Flood Control District, determines the change in the finished floor elevation to be necessary to comply with the base flood elevation that exists for the lot after the debris flow or other catastrophic event, as long as the structure otherwise complies with this Chapter and with the applicable policies of the Local Coastal Program. In no case shall the height of the structure, as measured from the lowest, finished floor to the highest part of the structure, excluding chimneys, vents, and noncommercial antennas, exceed the equivalent height of the damaged or destroyed structure by more than 10 percent. The height of the structure, as measured from post-event grade, shall not exceed the height limit of the applicable zone.

1)

For the purposes of this Subsection A.2.b, post-event grade is defined as the existing grade on the lot at the time of application submittal.

c.

The restored or replaced structure, even if relocated on the lot or increased in height, shall not require Design Review unless the exterior design or specifications of the replaced or restored structure are substantially different from the prior structure(s), as determined by the Director. If the structure is eligible to receive a De Minimis Waiver but requires Design Review, the structure shall receive preliminary and final design review approval before the Director waives the requirement for a Coastal Development Permit through a De Minimis Coastal Development Permit Waiver.

3.

Not Appealable to California Coastal Commission. The development is not of a type or in a location where an action on the development would be appealable to the Coastal Commission (For development appealable to the Coastal Commission, see Section 35-169.4(2)).

Posting of Public Notice. At the time the application is submitted, public notice of the proposed De Minimis Waiver for a Coastal Development Permit shall be conspicuously posted at a minimum of one location on the subject lot with at least one notice posted in a location that can be viewed from the nearest street. If the subject lot is a through lot, then the applicant shall conspicuously post a notice adjacent to each street frontage in a location that can be viewed from the street. The notice shall remain onsite until the effective date of the De Minimis Waiver.

5.

Director Determination. The Director shall provide a notice of determination of the De Minimis Waiver determination to all known interested parties, including the Executive Director of the Coastal Commission at least ten days prior to the waiver determination being reported to the Board of Supervisors.

6.

Effective Date of Waiver. After the expiration of the ten-day noticing period, County staff shall report the De Minimis Waiver to the Board of Supervisors at the next regularly scheduled hearing. If, after consideration of the waiver and any public objections to it, the Board of Supervisors requests that the waiver not be effective, then the applicant shall be advised that a Coastal Development Permit is required for the development. Otherwise, the waiver is effective immediately after the Board of Supervisors hearing.

7.

Waiver Expiration. A De Minimis Waiver shall expire and be of no further force and effect if the authorized development is not commenced pursuant to a valid Grading and/or Building Permit, as applicable, within five years of the effective date of the waiver. If expired, a Coastal Development Permit or another waiver shall be required for the replaced or restored structure.

(Ord. No. 5168, § 1, 11-29-2022)

Section 35-52. - Zoning District Designations and Applicability.

The general categories of districts established by this Article, the individual districts, and the symbols used to represent said districts, are as follows:

1.

Agricultural Districts.

AG-I Agriculture I

AG-II Agriculture II

2.

Residential Districts.

RR Rural Residential

R-1/E-1 Single-Family Residential

R-2 Two-Family Residential

EX-1 One-Family Exclusive Residential

DR Design Residential

PRD Planned Residential Development

SR-M Medium Density Student Residential

SR-H High Density Student Residential

MHP Mobile Home Park (Added by Ord. 4588, 06/14/2007)

Commercial Districts.

C-1 Limited Commercial

(Amended by Ord. 4318, 06/23/1998)

C-2 Retail Commercial

CH Highway Commercial

C-V Resort/Visitor Serving Commercial

PI Professional and Institutional

Industrial Districts.

M-RP Industrial/Research Park

M-CD Coastal Dependent Industry

M-CR Coastal Related Industry (Added by Ord. 3947, 11/19/1991)

Other Districts (Amended by Ord. 4588, 06/14/2007)

PU Public Utilities

REC Recreation

RES Resource Management

TC Transportation Corridor

The regulations of this Article shall be applied to land upon the adoption of zoning ordinances adopted pursuant to Section 35-54. The boundaries of the districts and the district symbols are delineated on the zoning maps in said zoning ordinances. The district regulations corresponding to the symbol so shown shall apply within district areas delineated on said zoning maps.

Section 35-53. - Overlay District Designations and Applicability.

In addition to the regulations governing the zoning districts described in Section 35-52, the following overlay districts and the symbols used to represent them on the zoning maps are established as follows:

(Amended by Ord. 4266, 06/24/1997; Ord. 4557, 12/07/2004)

The regulations of the overlay district shall apply to the land in the same manner as the zoning district regulations. Overlay district regulations shall apply wherever the symbol and the boundaries of the area are shown on the zoning maps. When a symbol for an overlay district is added to a zoning district symbol, the regulations of the overlay district shall be applicable in addition to the zoning district regulations. If any of the provisions of the overlay district conflict with provisions of the zoning district regulations, the provisions which are most restrictive shall govern. Exceptions may be made for the AH Overlay District provided that the overlay shall be applied in a manner consistent with all applicable policies and provisions of the Local Coastal Program. The provisions of the ESH Overlay District are more restrictive than any base zone district and therefore the provisions of the ESH shall govern over the regulations of any base zone or other overlay district.

(Amended by Ord. 4169, 10/11/199; Ord. 4388, 05/18/1999)

Section 35-54. - Adopting Zoning Ordinances and Maps and Uncertainties in District Boundaries.

1.

Zoning ordinances and maps delineating the boundaries of districts set forth in this Article and designating, by symbols, the zoning districts and overlay districts shall be adopted by references and by such adoption shall become a part of this Section and shall have the same force and effect as if the provisions, boundaries, location, and lines of the districts and territory therein delineated and all provisions, notations, references, and other information set forth in said ordinances and set forth and shown on said maps were specifically and fully set out and described in this Section.

2.

The following certified zoning maps and zoning overlay maps, which zone the unincorporated area of the County lying within the Coastal Zone, are hereby specifically included by reference into this Section:

(Amended by Ord. 4942, 12/14/2017)

a.

Carpinteria Valley Coastal Plan Zoning Overlay.

b.

Channel Islands Coastal Plan Zoning.

c.

Eastern Goleta Valley Community Plan Zoning.

d.

Eastern Goleta Valley Community Plan Zoning Overlay.

e.

Eastern Goleta Valley Community Plan Environmentally Sensitive Habitat and Riparian Corridor Land Use and Zoning Overlays.

f.

Gaviota Coast Plan Zoning.

g.

Gaviota Coast Plan Zoning Overlay.

h.

Gaviota Coast Plan Environmentally Sensitive Habitat Overlay.

i.

Goleta Community Plan Zoning South.

j.

Goleta Community Plan Zoning Overlay.

k.

Goleta Community Plan Environmentally Sensitive Habitat and Riparian Corridor Land Use and Zoning Overlays South.

l.

Guadalupe Dunes/Point Sal Coastal Plan Zoning Overlay.

m.

Montecito Community Plan Zoning Southern Section.

n.

Montecito Community Plan Zoning Overlay.

o.

Montecito Community Plan Environmentally Sensitive Habitat Land Use and Zoning Overlays.

p.

Lompoc Valley Rural Region Zoning.

q.

Santa Barbara Area Zoning and Zoning Overlay.

r.

Santa Maria Valley Rural Region Zoning.

s.

South Coast Rural Region Zoning.

t.

Summerland Community Plan Zoning.

u.

Summerland Community Plan Zoning Overlay.

v.

Summerland Community Plan Environmentally Sensitive Habitat Land Use and Zoning Overlays.

w.

Toro Canyon Plan Zoning.

x.

Toro Canyon Plan Zoning Overlay.

y.

Toro Canyon Plan Environmentally Sensitive Habitat Land Use and Zoning Overlays.

3.

Where uncertainty exists as to the boundaries of any districts shown on the zoning maps, the following rules shall apply:

a.

Where zoning district boundaries approximately follow lot, alley, or street lines, such lot lines and street and alley centerlines shall be construed as the district boundaries.

b.

If a zoning district boundary divides a lot and the boundary line location is not otherwise designated, the location of the boundary shall be determined by use of the scale appearing on the Zoning Map.

c.

Where a public street or alley is officially vacated or abandoned, the property formerly in said street or alley shall be included within the district or districts of the adjoining property on either side of said vacated or abandoned street or alley centerline.

Section 35-55. - Incorporation of Existing Zoning Ordinances and Continuation of Existing Development Plans and Plot Plans.

1.

All the Sections of zoning ordinances previously adopted which added development plans and zone district text provisions applicable to particular property by amendments of Article IV of Ordinance No. 661 or 3.1 of Ordinance No. 453 of the County of Santa Barbara are hereby incorporated by reference into this section and shall have the same force and effect as if the provisions of said sections were specifically and fully set out in this Section.

Development Plans and Plot Plans which have received County approval prior to February 1, l973, or have received a Coastal Development Permit from the State Coastal Commission shall continue in force and effect as if they were approved under the provisions of this Article.

Section 35-56. - Conflicts within this Article or with Other County Regulations.

If any conflict occurs between one or more provisions of this Article, such conflicts shall be resolved in a manner which on balance is the most protective of significant coastal resources.

If any provisions of this Article conflicts with any provision of any regulation contained in any previously adopted ordinance of the County, the provisions of this Article shall be controlling.

Section 35-57. - Fees.

The Board of Supervisors of County shall establish by resolution a schedule of fees for processing the various applications required by this Article. All required fees shall be paid at the time of filing the application with the Department of Planning and Development and no processing shall commence until the fee is paid.

Section 35-57A. - Application Preparation and Filing.

(Added by Ord. 4811, 11/14/2013)

A.

Application contents. Each application for a permit, amendment, or other matter pertaining to this Article shall be filed with the Director on a Department application form, together with required fees and/or deposits, and all other information and materials as identified in the Planning Department application for the specific type of application.

1.

At a minimum, the application shall include all information necessary for the decision-maker to make an informed decision regarding the consistency of the application with the Comprehensive Plan, including the Local Coastal Program and the regulations of this Article.

2.

Submittal requirements may be increased or waived on a project specific basis as determined necessary or appropriate by the Director.

3.

It is the responsibility of the applicant to establish evidence in support of the findings required by the applicable permit, amendment, or other matter pertaining to this Article.

4.

Defense and indemnification agreement.

a.

Unless disallowed by State law, at the time of the filing of an application, the Owner/Applicant shall agree, as part of the application, to defend, indemnify and hold harmless the County or its agents or officers and employees from any claim, action or proceeding against the County or its agents, officers or employees, to attack, set aside, void, or annul, in whole or in part, an approval of the application by the County.

1)

A defense and indemnification agreement completed by the applicant on a form provided by the Department shall be submitted with the application at the time of filing the application with the Director. An application will not be accepted for processing and processing of an application will not commence unless a executed defense and indemnification agreement acceptable by the County is submitted with the application.

B.

Eligibility for filing. An application may only be filed by the owner of the subject property, or other person with the written consent of the property owner, or as otherwise authorized by this Article.

C.

Application fees.

1.

Fee schedule. The Board of Supervisors shall establish by resolution a schedule of fees and/or deposits for the processing of the various applications required by this Article, hereafter referred to as the Board's Fee Resolution.

2.

Timing of payment. Required fees and/or deposits shall be paid at the time of filing the application with the Director and no processing shall commence until the fee/deposit is paid.

3.

Refunds and withdrawals. The required application fees and/or deposits cover County costs for public hearings, mailings, staff time, and the other activities involved in processing applications. Therefore, a refund due to a denial is not required. In the case of an expiration or withdrawal of an application, the Director shall have the discretion to authorize a partial refund based upon the pro-rated costs to-date and the status of the application at the time of expiration or withdrawal.

Section 35-57B. - Effective Date of Permits.

(Added by Ord. 4829, 04/10/2014)

1.

Development not appealable to the Coastal Commission. The approval of a planning permit for a project that is not appealable to the Coastal Commission shall be deemed effective on the eleventh day following the date of application approval by the appropriate decision-maker where an appeal of the decisionmaker's action has not been filed in compliance with Section 35-182 (Appeals) unless otherwise indicated in the planning permit. If appealed, the planning permit shall not be deemed effective until final action by the final decision-maker on the appeal.

2.

Development appealable to the Coastal Commission. The approval of a planning permit for a project that is appealable to the Coastal Commission shall become effective upon:

a.

The expiration of the Coastal Commission's 10 working-day appeal period which begins the next working day following the receipt by the Coastal Commission of adequate notice of the County's final action unless otherwise indicated in the planning permit; and

b.

Where an appeal of the decision maker's action has not been filed with or by the Coastal Commissioners, the applicant, or any aggrieved person in Compliance with the Coastal Act, and where a local appeal has not been filed within 10 calendar days of the date of the decision by the applicable decision maker in compliance with Section 35-182 (Appeals) unless otherwise indicated in the planning permit.

c.

If appealed, the planning permit shall not be deemed effective until final action by the final decision maker on the appeal including the California Coastal Commission. If the California Coastal Commission finds substantial issue on an appeal, then the planning permit shall not be deemed effective and the Coastal Commission will consider the permit de novo.

3.

Extension of effective date. The effective date shall extend to 5:00 p.m. on the following working day where the eleventh date falls on a weekend, holiday, or other day the County offices are not open for business.

4.

No entitlement for development. No entitlement for the use or development shall be granted before the effective date of the planning permit.

Section 35-57C. - Authority for Land Use and Zoning Decisions.

(Added by Ord. 4888, 10/10/2014, Amended by Ord. 4946, 12-08-2016)

A.

Decision-maker.

Table 1-1 (Decision-maker Authority) below, identifies the decision-maker responsible for reviewing and making decisions on each type of application required by this Article.

2.

Any reference to the Board of Architectural Review shall refer to the Design Review body with jurisdiction in compliance with Section 35-184 (Board of Architectural Review).

B.

Applications subject to more than one decision-maker.

1.

When two or more discretionary applications are submitted that relate to the same development project and the individual applications are under the separate jurisdiction of more than one decision-maker in compliance with Table 1-1 (Decision-maker Authority) below, all applications for the project shall be under the jurisdiction of the decision-maker with the highest jurisdiction in compliance with the following descending order:

a.

Board;

b.

Commission;

c.

Zoning Administrator and;

d.

Director.

2.

If the Board is the decision-maker for a project due to a companion discretionary application (e.g., Coastal Land Use Plan amendment, Ordinance amendment, Rezone) the Commission shall make an advisory recommendation to the Board on each application.

3.

This Section shall not apply to applications for:

a.

Coastal Development Permits that do not require a public hearing in compliance with Section 35-169 (Coastal Development Permits).

b.

Design Review submitted in compliance with Section 35-184 (Board of Architectural Review.

c.

Emergency Permits submitted in compliance with Section 35-171 (Emergency Permits).

d.

Land Use Permits submitted in compliance with Section 35-178 (Land Use Permits).

e.

Zoning Clearances submitted in compliance with Section 35-179A (Zoning Clearance).

Table 1-1- Decision-maker Authority

Notes:

(1) "Recommend" identifies that the decision-maker makes a recommendation to a higher decision-making body; "Decision" identifies that the decision-maker makes the final decision on the matter; "Appeal" identifies that the decision-maker may consider and decide upon appeals of the decision of an earlier decision-making body, in compliance with Section 35-182 (Appeals).

(2) The decision of the Commission to recommend denial of a Rezone is not transmitted to the Board absent the filing of an appeal or request for hearing by an interested party.

(3) This includes Coastal Development Permits where a hearing has been waived by the Director in compliance with Section 35-169.4.2.

(4) The Zoning Administrator is the review authority for Coastal Development Permits approved in compliance with Section 35-121 (Home Occupations) and Section 35-169 (Coastal Development Permits) for Home Occupations that qualify as Cottage Food Operations. The decision of the Zoning Administrator may be appealed to the Commission; the decision of the Commission may be appealed to the Board.

(5) The decision-maker on a Development Plan processed concurrently and in conjunction with the Coastal Development Permit shall also be the decision-maker on the Coastal Development Permit. A decision of the Director or Zoning Administrator may be appealed to the Commission; the decision of the Commission may be appealed to the Board.

(6) The Board of Architectural Review with jurisdiction in compliance with Section 35-184 (Board of Architectural Review) shall make decisions on Design Reviews within the County; the decision of the Board of Architectural Review may be appealed to the Commission; the decision of the Commission may be appealed to the Board.

C.

Applications subject to review by the Coastal Commission. In addition to the decision-makers identified in Table 1-1 , above, final decisions by the County on the following are within the jurisdiction of the California Coastal Commission.

1.

Amendments to the certified Local Coastal Program.

2.

Permit decisions that may be appealed to the Coastal Commission in compliance with Section 35-182.6 (Appeals to the Coastal Commission).

DIVISION 2. - DEFINITIONS.

Section 35-58. - Definitions.

This Division provides definitions of terms and phrases used in this Article that are technical or specialized, or that may not reflect common usage. If any of the definitions in this Division conflict with definitions in other provisions of the County Code, these definitions shall control for the purposes of this Article. If a word is not defined in this Division, or in other provisions of the Santa Barbara County Code, the Director shall use the Coastal Act definition, if any, or if there is no Coastal Act definition, determine the correct definition utilizing the latest edition standard dictionary.

When used in this Article, the words "shall," "must," "will," "is to," and "are to" are always mandatory. "Should" is not mandatory but is strongly recommended; and "may" is permissive. The present tense includes the past and future tenses; and the future tense includes the present. The singular number includes the plural number, and the plural the singular, unless the natural construction of the word indicates otherwise. The words "includes" and "including" shall mean "including but not limited to."

Abandoned (or Abandonment): As used in Section 35-170 of this Article, shall mean the discontinuance of any permitted land use, or any independent business function of a permitted land use, and there is no evidence of a clear intent on the part of the owner to restart operations of the permitted land use, or the independent business function of a permitted land use.

(Added by Ord. 4550, 09/21/2004)

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

Accessory Agricultural Building or Structure: An accessory building or structure containing no kitchen or cooking facilities and designed and constructed primarily for use and used in housing farm implements or

supplies, hay, grain, poultry, livestock or horticultural products where such buildings or structures are located in agriculturally zoned areas as designated by County zoning ordinances.

(Amended by Ord. 3824, 03/20/1990; Ord. 4067, 08/18/1992)

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 single-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 existing or proposed principal dwelling. A detached accessory dwelling unit may be attached to a detached accessory structure.

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 incidental, related, appropriate and clearly subordinate to the main use of the lot or building, which accessory use does not alter the principal use of the subject lot or adversely affect other properties in the zone.

(Amended by Ord. 3834, 03/20/1990)

Adjacent. See "abut."

(Added by Ord. 4811, 11/14/2013)

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

Agricultural Employee Housing. A dwelling occupied by one or more agricultural employees including family members.

(Added by Ord. 4946, 12/08/2016)

Agriculture: The production of food and fiber, the growing of plants, the raising and keeping of animals, aquaculture, 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 Section 35-131 (General Regulations - Agricultural 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.

(Amended by Ord. 3834, 03/20/1990; Ord. 4557, 12/07/2004

Airport: Any area of land or water designed and set aside for the landing and taking off of aircraft, including all necessary facilities for the housing and maintenance of aircraft.

Alley: A 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 Communication Commission.

(Added by Ord. 4588, 06/14/2007)

Amine Column or Tower: A tall, cylindrical vessel used to remove contaminants, such as hydrogen sulfide and carbon dioxide, from natural gas with the use of amines.

(Added by Ordinance No. 4622, 05/10/2007)

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.

(Added by Ord. 4263, 06/24/1997; amended by Ord. 4588, 06/14/2007)

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.

(Added by Ord. 4263, 06/24/1997)

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(s) used for the transmission and reception of electromagnetic waves.

(Added by Ord. 4263, 06/24/1997; amended by Ord. 4588, 06/14/2007)

Apartment: A room or suite of rooms within a building comprising an independent self-contained dwelling unit, with kitchen or cooking facilities, 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:

(Added by Ord. 4946, 12/08/2016)

1.

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 Article, 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 this Article.

Appurtenant Structure: A structure that is auxiliary or accessory to another structure or use.

Aquaculture: Aquaculture is the culture of plants and animals in an aquatic medium.

Appealable Developments:

(Amended by Ord. 4595, 03/05/2008)

(1)

Developments approved by the County between the sea and the first public road paralleling the sea or within 300 feet of the inland extent of any beach or of the mean high tide line of the sea where there is no beach, whichever is the greater distance.

(2)

Developments approved by the County not included within paragraph (1) located on tidelands, submerged lands, public trust lands, within 100 feet of any wetland, estuary, stream, or within 300 feet of the top of the seaward face of any coastal bluff.

(3)

Any development approved by the County that is not designated as the principal permitted use under the zoning ordinance or zoning district map. This includes, but is not limited to, developments approved by the County that require a Conditional Use Permit.

(4)

Any development which constitutes a major public works project or a major energy facility. (See definition).

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

(Added by Ord. 4581, 06/14/2007)

Artist Studio: A building or structure, or portion of a building or structure, used as a place of work by an artist or photographer who resides in a dwelling unit located on the same lot as the artist studio.

(Amended by Ord. 4557, 12/07/2004)

Attached Building: A building having at least five lineal feet of wall serving as a common wall with the building to which it is attached.

(Amended by Ord. 3834, 03/20/1990)

Auto Wrecking Yard: See Junk Yard.

Automobile Service Station: A retail place of business engaged in supplying goods and services generally required in the normal operation and maintenance of automotive vehicles and the fulfilling of motorists needs. These include sale of hydrocarbon 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. Such incidental products may include non-auto related items such as refreshments provided the floor area devoted to such items is no greater than 100 square feet.

(Amended by Ord. 4067, 08/18/1992)

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 more than onehalf of its height is above the average level of the adjoining ground.

Bathroom: A restroom which also contains bathing facilities.

(Amended by Ord. 3834, 03/20/1990)

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.

(Added by Ord. 4811, 11/14/2013)

Block: That 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 body of water.

Block: A building 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.

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

(Added by Ord. 4888, 10/10/2014)

Buffer: A designated width of land adjacent to the stream which is necessary to protect biological productivity, water quality, and hydrological characteristics of the stream. A buffer strip is measured horizontally from the banks or high water mark of the stream landward.

Building: A structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any person, animal or chattel. A trailer shall not constitute a building within the meaning of this Article.

Building Site: A single parcel of land in one ownership, occupied or intended to be occupied by a building or structure.

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 35-144O (Agricultural Buffers).

(Added by Ord. 4853, 03/11/2015)

1.

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 H) for details.

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 Coastal Land Use Plan maps.

Business Plan: A plan which each business with specified quantities of hazardous materials (including wastes) must prepare under Chapter 6.95 of the California Health and Safety Code. The business plan must include an inventory of hazardous materials onsite, an emergency response plan and employee training procedures.

(Added by Ord. 4046, 05/19/1992)

Business Sign or Structure: Any sign or structure designed, intended or used for advertising the particular business, product or service located or sold on the same premises as that on which the sign or structure is located.

Cabaña: A building, the use of which is incidental and accessory to the use of the beach, a swimming pool, or a sports court that may include bathrooms, but excludes sleeping quarters and/or cooking facilities.

(Added by Ord. 4298, 03/24/1998; Amended by Ord. 4964, 12/14/2017)

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 are defined for the purposes of Section 35-144U (Cannabis Regulations):

a.

Canopy. The designated area(s) at a licensed premise, except nurseries, that will contain mature flowering plants at any point in time, as follows:

1)

Canopy shall be calculated in square feet and measured using clearly identifiable boundaries of all area(s) that will contain mature flowering plants at any point in time, including all of the space(s) within the boundaries;

2)

Canopy may be noncontiguous but each unique area included in the total canopy calculation shall be separated by an identifiable boundary that includes, but is not limited to, interior walls, shelves, greenhouse walls, hoop house walls, garden benches, hedgerows, fencing, garden beds, or garden plots; and

If mature flowering plants are being cultivated using a shelving system, the surface area of each level shall be included in the total canopy calculation.

b.

Commercial cannabis activity. Any activity, recreational or medicinal, that includes the cultivation, possession, manufacturing, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, or sale of cannabis and cannabis products as provided in this Chapter. "Commercial cannabis activity" does not include personal use.

c.

Commercial cannabis operation. Any person or entity that engages in commercial cannabis activities.

d.

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 structure is considered outdoor cultivation. No artificial lighting is permissible for outdoor cultivation, including within hoop structures.

3)

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 hoop structures.

e.

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

f.

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

g.

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

h.

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

i.

Nonvolatile Manufacturing. Manufacturing using any solvent in the extraction process that is not a volatile solvent, mechanical extraction, and infusions. For purposes of this Section, nonvolatile solvents include, but are not limited to, carbon dioxide and ethanol.

j.

Nursery. A nursery only produces clones, immature plants, seeds, and other agricultural products used specifically for the propagation and cultivation of cannabis.

k.

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 his or her qualified patient(s) in accordance with State law.

l.

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

m.

Premise. The designated structure or structures and land specified in the state application that is owned, leased, or otherwise held under the control of the applicant where the commercial cannabis activity will be or is conducted. The premises shall be a contiguous area and shall only be occupied by one licensee.

n.

Processing. All activities associated with drying, curing, grading, trimming, storing, packaging, and labeling of nonmanufactured cannabis products.

o.

Retail.

i.

Non-Storefront Retail. Delivery-only retail of commercial cannabis or cannabis products. Those who conduct non-storefront retail are referred to as Non-Storefront Retailer.

ii.

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.

p.

Testing. An accredited laboratory, facility, or entity that offers or performs tests of cannabis or cannabis products.

q.

Volatile Manufacturing. Manufacturing using any solvent that is or produces a flammable gas or vapor that, when present in the air in sufficient quantities, will create explosive or ignitable mixtures. Examples of volatile solvents include, but are not limited to, butane, hexane, and propane.

Carpinteria Valley Consolidated Planning Area (CVCPA): An oil and gas planning region that is bounded by the Santa Barbara/Ventura County boundary to the east, the three-mile offshore limit line to the south, the City of Santa Barbara eastern boundary to the west, and the ridge of the Santa Ynez Mountains to the north.

(Added by Ord. 3497, 11/19/1991)

Centerline of Street: The centerline of a street or highway as established by the County Surveyor of the County or the City Engineer of any City within the County or by the California Department of Transportation. Where no right-of-way lines have been so established, the centerline of the traveled way shall be construed as the centerline. 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 pursuant to State of California Direct Marketing Regulations (Section 1392 et seq., of Title 3 of the California Code of Regulations) and the provisions of this Article.

(Added by Ord. 4086, 12/15/1992)

Clinic: Any place, establishment or institution which operates under the name or title of clinic, dispensary, health center, medical center, or any other word or phrase of like or similar import, either independently or in connection with any other purpose, for the purpose of furnishing at the place, establishment, or institution, advice, diagnosis, treatment, appliances or apparatus, to persons not residing or confined in the place, establishment, or institution, and who are afflicted with bodily or mental disease or injury.

Club: An organization, group or association supported by the members thereof, having as a primary purpose the promotion of some common object such as literature, science, politics or good fellowship, but not including organizations, groups or associations the chief activity of which is to render a service customarily carried on as a business or formed for the purpose of providing housing for its members.

Coastal Act: The California Coastal Act of 1976 commencing with Section 30000 of the Public Resources Code and following.

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

Coastal Dependent Development or Use: Any development or use which requires a site on, or adjacent to, the sea to be able to function at all.

Coastal Dependent Recreation: Activities which require a coastal location in order to occur, i.e., ocean swimming, surfing, scuba diving, fishing, boating, beach activities, and nature study.

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

Coastal Related Recreation: Activities which are popular in coastal locations but also occur inland, e.g., ORV's (dune buggies), picnicking, bicycling, walking, jogging and camping.

Coastal Resources: Any resource which is afforded protection under the policies of Chapter 3 of the Coastal Act, California Public Resources Code Section 30200 et seq.

Coastal Zone: That land and water area of the County of Santa Barbara 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 Zoning Maps, as amended from time to time.

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.

Commercial Livestock Feed Yard: A place where livestock are confined for feeding.

Commercial Vehicle: A vehicle or article of equipment used primarily in conjunction with a business or industrial use, 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.

(Added by Ord. 4964, 12/14/2017)

Conditional Use: A use which 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 exact location with reference to surroundings, streets and existing improvements or demands upon public facilities. Such control is to ensure that the particular use at the particular site on which such use is proposed to be located is compatible with other existing or permitted uses surrounding the site.

(Amended by Ord. 3834, 03/20/1990)

Condominium: An estate in real property consisting of a separately owned interest in a portion of a parcel of real property or building, including residences, apartments, offices or stores. A condominium may include, in addition, a separate legally protected interest in other portions of real property.

Conference Center: A building or group of buildings with appurtenant land and structures, used for the purpose of providing conference facilities for persons assembled for periods of not to exceed 60 days for study and discussion of educational, religious, economic, scientific, charitable, or governmental subjects, including music, art and drama, and shall include the necessary housing, feeding, classroom, and recreational facilities accessory and incidental thereto. A conference center shall not be used for sale promotional groups or for groups assembled primarily for social purposes. The 60 day limitation may be extended in special circumstances by the Board of Supervisors on recommendation by the Planning Commission.

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.

(Added by Ord. 4086, 12/15/1992)

Contractor 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. Does not include junk yards.

(Added by Ord. 4811, 11/14/2013)

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.

(Added by Ord. 4858, 11/14/2013)

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.

(Added by Ord. 4858, 11/14/2013)

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.

(Added by Ord. 4858, 11/14/2013)

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.

(Added by Ord. 4858, 11/14/2013)

County: The County of Santa Barbara.

Court: An open, unoccupied space other than a yard on the same lot with a building or buildings, and which is bounded on two or more sides by such building or buildings.

Dairy: A place where three or more cows or goats are maintained for the purpose of producing 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 State or the County unless they are able to operate legally without a

license in compliance with State and County laws. A "day care center" serving children shall have the same meaning as "Child Care Facility" or "Child Day Care Facility" defined in California Code of Regulations, Title 22, Section 101152 (as amended).

(Added by Ord. 4964, 12/14/2017)

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 dwelling.

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 in a one-family dwelling where an occupant of the residence provides family day care for six or fewer adults.

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.

Decision-maker: The designated official or official body having jurisdiction for a project under the authority of this Article.

(Added by Ord. 4227, 06/18/1996)

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 Section 35-144C (Density Bonus Program).

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

(Added by Ord. 4888, 10/10/2014)

Detached Building: A building, no part of which is attached to any other building.

Determination, Use: An action by the Planning Commission, appealable to the Board of Supervisors, determining and/or finding that a use which is not specified as a permitted use in a zone district is similar in nature and/or character to the other permitted uses in that zone district 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.

(Added by Ord. 4298, 03/24/1998)

Development: On land, in or under water, the placement or erection of any solid material or structure; discharge or disposal of any dredged material or of any gaseous, liquid, solid, or thermal waste; grading, removing, dredging, mining, or extraction of any materials; change in the density or intensity of use of land, including, but not limited to, subdivision pursuant to the Subdivision Map Act (commencing with Section 66410 of the Government Code), and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition, or alteration of the size of any structure, including any facility of any private, public, or municipal utility; and the removal or harvesting of major vegetation other than for agricultural purposes, kelp harvesting, and timber operations which are in accordance with a timber harvesting plan submitted pursuant to the provisions of the Z'berg-Nejedly Forest Practice Act of 1973 (commencing with Section 4511).

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

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.

(Added by Ord. 4858, 11/14/2013)

Director: Director of the Santa Barbara County Planning and Development Department, including designees of the Director.

(Amended by Ord. 4595, 03/05/2008)

Distillation Column or Tower: A tall, cylindrical vessel in which a liquid or vapor mixture of two or more substances is separated into its component fractions of desired purity, by the application and removal of heat.

(Added by Ordinance 4622, 05/10/2007)

Drive-through Facilities: A commercial establishment or an accessory facility of a commercial establishment in which customers wait in line in their vehicles to progress to a service point at which they briefly transact business from their vehicles and then immediately depart from the premises, including but not limited to banks (motor banks, drive-through banks, drive-up banks), fast food establishments, and film deposit and pickup establishments, but not including 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 gasoline service stations.

Driveway:

(Amended by Ord. 4811, 11/14/2013)

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 the principal means of vehicular access from a public right-of-way to four or fewer lots that, in aggregate, under the minimum lot area requirements of this Development Code, cannot be divided into more than four lots.

Dwelling: A room or group of rooms having 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 one family on a nontransient basis and having not more than one kitchen. Boarding or lodging houses, dormitories, and hotels shall not be defined as dwelling units.

(Amended by Ord. 4557, 12/07/2004)

Dwelling, One-family: A building designed for and occupied exclusively by one family, and containing one dwelling.

(Amended by Ord. 3834, 03/20/1990; Ord. 4557, 12/07/2004)

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

(Amended by Ord. 4557, 12/07/2004)

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 including apartment houses, apartment hotels, condominiums, and flats, but not including fraternities, sororities, trailer courts or camps, motels, hotels or resort type hotels.

(Amended by Ord. 4557, 12/07/2004)

Eastern Goleta Valley Community Plan Area: That portion of the County located within the boundaries of the Eastern Goleta Valley Community Plan as shown on the map titled Eastern Goleta Valley Community Plan Land Use Designations.

(Added by Ord. 4942, 12/14/2017)

Electric Substation: Any receiving and transforming substation other than a major electric transmission substation designed to distribute electricity to customers of the surrounding area.

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.

(Amended by Ord. 4040, 05/19/1992)

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.

(Added by Ord. 4169, 10/11/1994)

Energy Facility: Any public or private processing, producing, generating, storing, transmitting, or recovering facility for electricity, natural gas, petroleum, coal, or other source of energy.

Environmental Review: The analysis of the potential environmental effects that may result from development, performed in compliance with the provisions of the applicable zoning district and the policies and development standards of the certified Local Coastal Program, the California Environmental Quality Act (Public Resources Code Section 21000 et seq.), and the Guidelines for Implementation of the California Environmental Quality Act (Public Resources Code Section 15000 et seq.).

(Added by Ord. 4557, 12/07/2004)

Environmentally Sensitive Habitat Area: Any 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 which could be easily disturbed or degraded by human activities and developments.

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.

(Amended by Ord. 4946, 12/08/2016)

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

(Added by Ord. 4946, 12/08/2016)

Farmworker Housing. The following terms and phrases are defined for the purposes of Section 35-144P (Farmworker Housing).

(Added by Ord. 4946, 12/08/2016)

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 Article.

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, social, and technological factors.

Fill: Earth or any other substance or material, including pilings placed for the purposes of erecting structures thereon, placed in a submerged area.

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. Provided, however, that in the event any such 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.

Flare Stack: A tall, specially constructed vertical pipe or stack used to safely dispose of hydrocarbon vapors or, in an emergency, to dispose of process feed.

(Added by Ordinance No. 4622, 05/10/2007)

Floodway: The floodway is the channel of a stream, plus any adjacent flood plain area, that must be kept free of encroachment in order that the 100 - year flood be carried without substantial increase in flood height. 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 is termed the floodway fringe. The floodway fringe thus 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.

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 for greater and that are deemed usable by the building official;

(10)

In residential zone districts, 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 in Section 35-142 (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.

(Amended by Ord. 4557, 12/07/2004)

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.

(Added by Ord. 4406, 09/12/2000)

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 street.

Fully enclosed or fully screened structure. A structure with (1) four walls that extend from the foundation floor to the roof of the structure, (2) a roof that completely covers the structure, and (3) doors that are kept closed and latched except when being used for egress and ingress to the structure. 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.

(Added by Ord. 4811, 11/14/2013)

Garage, Private: A building or portion thereof used or designed to be used as an accessory building for the storage of motor vehicles primarily for the use of the occupants of the premises on which such building is located.

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.

Gaviota Coast Plan Area. That portion of the County located within the boundaries of the Gaviota Coast Plan as shown on the Gaviota Coast Plan Land Use Map.

Generator: The person, business or facility who, by nature or ownership, management or control is responsible for causing or allowing to be caused the creation of hazardous waste.

(Added by Ord. 4046, 05/19/1992)

Generator Permit: The annual permit to operate which all generators of hazardous waste must obtain from the County Environmental Health Services. Through the generator permit program, the county environmental health services ensures that generators of hazardous waste store, treat, transport and dispose of hazardous waste in accordance with state and federal laws.

(Added by Ord. 4046, 05/19/1992)

Goleta Community Plan Area: That portion of the County located within the boundaries of the Goleta Community Plan as shown on the map titled Goleta Community Plan Land Use Designations South, including the western area but excluding the Eastern Goleta Valley Community Plan Area.

(Added by Ord. 4942, 12/14/2017)

Grade, Existing: The existing condition of the ground elevation of the surface of a building site at the time of permit application, including Board of Architectural Review applications, that represents either (1) the 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.

(Added by Ord. 4581, 06/14/2007)

Grade, Finished: The level of the finished surface of the site that results from any permitted grading activities, including but not limited to cut and fill of existing slopes associated with a specific permit application.

(Added by Ord. 4581, 06/14/2007)

Greenhouse: A structure with permanent structural elements (e.g. footings, foundations, plumbing, electrical wiring, etc.) used for cultivation and to shade or protect plants from climatic variations. Any hothouse or plant protection structure that does not fall within the definition of shade structure or hoop structure shall be included in the definition of greenhouse.

(Added by Ord. 4529, 04/20/2004)

Greenhouse Related Development: Permanent development associated with and accessory to greenhouses, shade structures and hoop structures. Such development includes packing and shipping facilities, paved parking and driveways, and associated accessory structures (e.g. boiler rooms, storage sheds, etc.).

(Added by Ord. 4529, 04/20/2004)

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.

(Added by Ord. 4964, 12/14/2017)

Guest House: Living quarters of permanent type of construction without kitchen or cooking facilities of any kind, intended and used primarily for temporary guests of the occupants of the main dwelling on the lot on which such guest house is located, and not rented or otherwise used as a separate dwelling.

(Amended by Ord. 4557, 12/07/2004)

Guest Ranch: A vacation resort, generally a farm or ranch, which 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.

Habitable: A space within a building that is suitable for living, sleeping, eating, cooking and which may or may not be conditioned (heated, cooled, etc.).

(Added by Ord. 4298, 03/24/1998)

Habitable Room: A space intended for living, sleeping, eating, or cooking, including but not limited to, living rooms, dining rooms, bedrooms, kitchens, dens, family rooms, recreation rooms, and enclosed porches suitable for year-round 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.

(Added by Ord. 4557, 12/07/2004)

Hazardous Waste: A waste, or combination of wastes, which because of the quantity, concentration or physical, and chemical characteristics may either a) cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness, or b) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed or otherwise managed. Hazardous waste would also include those materials described in Title 22, Division 4.5, Chapter 11, CCR.

(Added by Ord. 4046, 05/19/1992)

Hazardous Waste Management Plan (HWMP): The plan prepared pursuant to Section 25135 of the California Health and Safety Code by counties and certain regions to direct the management of hazardous wastes within the boundaries of the affected jurisdiction.

(Added by Ord. 4046, 08/18/1992)

Hazardous Waste Element: The Hazardous Waste Management Plan (HWMP), as adopted as an Element of the Santa Barbara County Comprehensive Plan.

(Added by Ord. 4046, 05/19/1992)

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.

(Added by Ord. 4581, 06/14/2007)

Height, Structure: See Section 35-127, Height.

(Added by Ord. 4581, 06/14/2007)

Highway: See Street.

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

(Added by Ord. 4388, 05/18/1999)

Hillside: Hillsides are defined as lands with slopes exceeding twenty percent.

Hog Ranch: Any property 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 a person or persons residing in the dwelling, or conducted entirely within an artist studio by a person residing in a dwelling located on the same lot.

(Amended by Ord. 4557, 12/07/2004)

Hoop Structure: A structure consisting of a light-weight, arched frame with no permanent structural elements (e.g. footings, foundations, plumbing, electrical wiring, etc.) 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.

(Added by Ord. 4529, 04/20/2004)

Hospital: An institution for the care and treatment of human beings.

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

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.

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

(Added by Ord. 4557, 12/07/2004)

Housekeeping Unit: A person or group of persons making common use of a kitchen and other living quarters.

Housing Development. As used in Section 35-144C (Density Bonus Program) 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 Government Code Section 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.

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

(Added by Ord. 4789, 11/14/2013)

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(s).

(Added by Ord. 3613, 10/27/1986)

Idled (or Idle): As used in Section 35-170 of this Article, shall mean a permitted land use or an independent business function of a permitted land use has had a zero throughput (enter and exit) for a period of one continuous year.

(Added by Ord. 4550 09/21/2004)

Improvement: Any object affixed to or growing in the ground other than a building or 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.

(Added by Ord. 4858, 11/14/2013)

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.

(Added by Ord. 4946, 12/08/2016)

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

(Added by Ord.4588, 06/14/2007)

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.

(Added by Ord. 4858, 11/14/2013)

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.

(Added by Ord. 4557, 12/07/2004)

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 35-142 (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.

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

(Amended by Ord. 3834, 03/20/1990)

Kennel, Commercial: Any premises or area where four or more dogs four months of age or older are bred, boarded or trained, for other than private enjoyment of the residents of the lot on which the kennel is located, and where services are offered to the public.

(Amended by Ord. 4067, 08/18/1992; Ord. 4557, 12/07/2004)

Kennel, Private: Any premises or area where four or more dogs four months of age or older are kept for the private enjoyment of the occupants of the premises.

(Added by Ord. 4067, 08/18/1992)

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

(Amended by Ord. 4557, 12/07/2004)

Land Use Plan: Maps and a text which indicate the kinds, location, and intensity of land uses and includes resource protection and development policies.

Lighting: The method or equipment used to provide artificial illumination as used in Section 35-191.10 (Exterior Lighting) of this Article. Types of lighting include the following:

(Added by Ord. 4887, 06/09/2016)

1.

Downward Directional Light. Direction of light downward, rather than upward or outward, with the intention of directing light where it is needed. Downward lighting also prevents unnecessary and unwanted spillover of light to adjacent areas and properties.

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.

High Intensity Discharge Lamp. High pressure sodium, mercury vapor, metal halide, low pressure sodium, and other similar lamps.

4.

Luminous Tube Light. Gas filled glass tubing which when subjected to high voltage becomes luminescent in a color characteristic of the gas used (neon, argon, etc.).

5.

Outdoor Light Fixture. Artificial illuminating devices, outdoor fixtures, lamps and other similar devices, permanently installed or portable, exterior to or in the absence of a structure, used for flood lighting, general illumination or advertisement. Such devices include, but are not limited to, outdoor lighting for:

Billboards and other signs

Buildings and structures Landscape lighting Parking lots

Sports and Outdoor Recreational facilities

Street lighting Walkway lighting

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.

(Added by Ord. 4887, 06/09/2016)

Light Shielding: A barrier around a light fixture that conceals or partially conceals the lamp and controls light distribution. Types of light shielding include the following:

(Added by Ord. 4887, 06/09/2016)

1.

Fully Shielded (full cutoff) Light: An outdoor light fixture with a solid barrier that emits no light rays above the horizontal plane and effectively obscures the visibility of the lamp.

Fully Shielded (full cutoff) Light Fixtures

==> picture [468 x 126] intentionally omitted <==

2.

Partially Shielded Light. An outdoor light fixture that may allow some light to pass through a semitranslucent barrier, and/or may allow visibility of the lamp from certain perspectives.

Partially Shielded Light Fixture

==> picture [180 x 192] intentionally omitted <==

Unshielded Light. An outdoor light fixture lacking means to restrict light emitted above the horizontal plane.

Unshielded Light Fixture

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Light Trespass: Artificial light that produces unnecessary and/or unwanted illumination offsite including skyward or on a sensitive habitat.

(Added by Ord. 4887, 06/09/2016)

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

(Added by Ord. 3395, 08/08/1983)

Local Coastal Program: A local government's (a) land use plans, (b) zoning ordinances, (c) zoning district maps, and (d) within sensitive coastal resource areas, other implementing actions, which when taken together, meet the requirements of, and implement the provisions and policies of, the Coastal Act of 1976 at the local level.

Lodging or Rooming House: See "Boarding House."

Lot: An existing area of land under one ownership that was lawfully created as required by the California Coastal Act, certified Local Coastal Program, Subdivision Map Act, 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: (1) a Certificate of Compliance or Conditional Certificate of Compliance has been recorded, and (2) a Coastal Development Permit has been issued for the creation of the lot that is the subject of the certificate of compliance or conditional certificate of compliance if the certificate of compliance or conditional certificate of compliance is recorded after the effective date of the Coastal Act or its predecessor initiative (unless the lot was created prior to the effective date of the Coastal Act or its

predecessor initiative in compliance with the Subdivision Map Act and predecessor ordinances and statutes, and local ordinances), and (3) the boundaries of which have not subsequently been altered by merger or further subdivision.

(Amended by Ord. 4557, 12/07/2004)

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, 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.

(Amended by Ord. 4557, 12/07/2004)

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 said lot or as shown on the recorded parcel or subdivision map creating said lot inclusive of any portion so described or mapped, lying within a public or private street.

Lot Area, Net: The gross lot area minus any area lying within a public street, such public street being defined as a permanently reserved right-of-way which has been dedicated to the County of Santa Barbara.

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

Lot Frontage: That dimension or portion of a lot abutting on a street, except the side dimension of a corner lot.

Lot Line: The lines bounding a lot as defined herein.

Lot Width: The average distance between the side lot lines, measured at right angles to the lot depth.

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, such public street being defined as a permanently reserved right-of-way which has been dedicated to the County of Santa Barbara.

(Added by Ord. 4557, 12/07/2004)

Lot Width, Net: The average distance between the side lot lines, measured at right angles to the lot depth, not including any area lying within a public street, such public street being defined as a permanently reserved right-of-way which has been dedicated to the County of Santa Barbara.

(Added by Ord. 4557, 12/07/2004)

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:

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.

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.

Major Electric Transmission Substation: A substation receiving and transmitting electric energy emanating from the major sources of generation, the primary purpose of which is to transmit such energy at the voltage at which it is transmitted from such major sources of generation and to transform such energy by lowering the voltages below that at which the energy is transmitted from such generating sources.

Major Public Works Project and Major Energy Facility: Any public works project or energy facility exceeding $50,000 in estimated cost of construction.

Manufactured Home. A structure constructed on or after June 15, 1976, that is certified under the National Manufactured Housing Construction and Safety Act of 1974, which is designed and equipped to be used as a single-family dwelling, with or without a permanent foundation, as defined in the California Health and Safety Code Section 18007.

(Added by Ord. 5129, 05/13/2021)

Mean High Tide Line: High watermark of the ocean which is an ambulatory line varying over time as a result of climatic and other influences. The line is the normal or average inland extent of tidal influence.

Medical Marijuana: Shall mean marijuana, as set forth in the California Health and Safety Code Section 11018 (as that Section now appears and may be amended or renumbered) as used for medical purposes, in compliance with Health and Safety Code Section 11362.5 et seq.

(Added by Ord. 4808, 07/12/2012)

Medical Marijuana Dispensary: A facility or location that dispenses marijuana through a storefront, including but not limited to storefronts organized and operated by a collective or a cooperative as defined by the 2008 California Attorney General Guidelines or its successor.

(Added by Ord. 4808, 07/12/2012)

a.

Medical Marijuana Cooperative. Shall mean a statutory Cooperative which conducts its business for the mutual benefit of its members, must file articles of incorporation, is a non-profit entity, and is subject to all legal requirements of a statutory Cooperative, as outlined in the California Corporations Code or Food and Agricultural Code.

b.

Medical Marijuana Collective. Shall mean a non-profit organization, with five or more members, which exists merely to facilitate the collaborative efforts of Qualified Patient, Persons with ID Card, and Primary Caregiver members and to coordinate transactions between members involving Medical Marijuana.

Mini-mart/Convenience Store: A retail establishment offering for sale prepackaged food products, household items, and other goods commonly associated with servicing the highway traveler.

(Added by Ord. 4067, 08/18/1992)

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 Article, a mobile home on a permanent foundation is considered a structure.

nstruction 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 Article, a mobile home on a permanent foundation is considered a structure.

Mobilehome Owner: The record owner or any person having possession and control of the mobilehome.

(Added by Ord. 4829, 04/10/2014)

Mobilehome Owner-Approved Receiving Site: A site which has been agreed upon by both the applicant and the mobilehome owner as a mutually acceptable location to receive a relocated mobilehome.

(Added by Ord. 4829, 04/10/2014)

Mobilehome Park: Any 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.

Mobilehome Park Renters: Are residents who rent mobilehomes as their primary residences, but who do not own the mobilehomes.

(Added by Ord. 4829, 04/10/2014)

Mobilehome Park Closure: When a mobilehome park owner or operator chooses to cease renting or leasing mobilehome lots for human habitation and this cessation of use would result in the displacement of mobilehome park residents or, when 25 percent or more of the mobilehome units or lots within a park become vacant and the Director determines that an unauthorized closure is underway pursuant to Section 35-144K.8 (Vacancy of a Mobilehome Park of 25 Percent or More).

(Added by Ord. 4829, 04/10/2014)

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.

(Added by Ord. 4789, 11/14/2013)

Motel: An establishment providing transient accommodations 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 the main lobby of the building.

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.

(Added by Ord. 4811, 11/14/2013)

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.

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.

Natural Conditions: As used in Section 35-170 of this Article, shall mean the reasonable and feasible return of land to a state that reflects the natural environment of the area without development. Retention of certain improvements or other items such as pipeline support footings would qualify as natural conditions if their removal would result in undesired environmental outcomes such as undesired destabilization of slopes due to removal of a retaining wall. Natural conditions do not necessarily equate to original or pre-development conditions.

(Added by Ord. 4550 09/21/2004)

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

(Amended by Ord. 4557, 12/07/2004)

Nonconforming Structure: A building or structure which was lawful prior to the effective date of this Article or any amendments hereto, or previously adopted County Zoning Ordinances and which does not conform to the present regulations of this Article including but not limited to height, location, lot coverage or setbacks.

(Amended by Ord. 4557, 12/07/2004)

Nonconforming Use: Any use of land, building, or structure which was lawful prior to the effective date of this Article or any amendment hereto, or previously adopted County Ordinances, and which does not conform to the present regulations on use of this Article including but not limited to (1) a use of land established where the use is not identified as a permitted use by the zoning district applicable to the lot on which the use is located, (2) a use of land that is identified as a permitted use by the zoning district 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 commencing with Division 12, (3) a use of land that was lawfully established without the Coastal Development Permit or other entitlement (e.g., Conditional Use Permit, development plan) now required by this Article, (4) a use of land that is operated or conducted in a manner that does not now conform with the standards of this Article including but not

limited to 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 Article.

(Amended by Ord. 4557, 12/07/2004)

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

(Added by Ord.4588, 06/14/2007)

Non-mobilehome Residents: Residents who meet the definition of Permanent Resident and own residential units which do not meet the definition of Mobilehome.

(Added by Ord. 4829, 04/10/2014)

Notice to Property Owner: A notarized, legal document required by the County, to be completed and recorded with the deed 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 the improvements thereon.

(Amended by Ord. 3834, 03/20/1990)

Offshore Oil and/or Gas Reservoir: Any oil and/or gas reservoir partially or fully seaward of the mean high tide line.

(Added by Ord. 4235, 09/03/1996)

Offsite Hazardous Waste Management Facility: A facility that accepts hazardous wastes from more than one generator, including the following:

(Added by Ord. 4046, 05/19/1992)

Transfer Station: A facility where hazardous waste from more than one source is collected and consolidated for shipment to a treatment recycling, and/or disposal facility or facilities.

Storage Facility: A hazardous waste facility at which hazardous waste is contained for a period greater than 96 hours at an offsite facility or for periods greater than 90 days at an onsite facility, with specified exceptions. (California Health and Safety Code, Section 25123.3.)

Treatment Facility: A facility where the toxicity, chemical form, and/or volume of a hazardous waste is altered.

Recycling Facility: A facility engaged in the process of reclaiming, using or reusing hazardous wastes.

Residual Repository: A disposal facility for the long-term storage of the byproducts of treated hazardous waste for which there is no further practical treatment.

Oil: Where used in this Article, the word "oil" shall include gas and other hydrocarbon substances.

Oil and Gas Exploration: Drilling of wells and temporary deployment of associated equipment to extract minimal quantities of oil and/or gas for the purpose of evaluating the developmental potential of one or more reservoirs. Exploration requires the location of temporary equipment onsite to support drilling (e.g., pressure vessels, storage tanks).

(Added by Ord. 4235, 09/03/1996)

Oil and Gas Production: Drilling and re-working of oil and/or gas wells and long-term deployment of associated equipment to extract oil and/or gas and associated byproducts in payable quantities from a proven reservoir.

(Added by Ord. 4235, 09/03/1996)

Oil and gas production is divided into the following five major activities:

Drilling: All activities associated with the drilling of wells.

Extraction: All activities associated with the lifting of payable quantities of oil, gas, and byproducts, including secondary recovery operations as set forth in Section 25-31 of Chapter 25 of the County Code.

Separation: All activities at the drill site necessary to separate by gravity, or pressure the various phases of production. These phases would include water, oil, and natural gas. Free water knockout represents a typical gravity separation process.

Dehydration: All activities necessary to remove water from oil and/or gas by means other than gravity. Such activities may include heater treaters for oil dehydration and mole-sieves and glycol contactors for gas dehydration. Dehydration does not include wastewater treatment.

Transportation: Minimal activities necessary to transport oil, gas, produced water, and waste water to processing and treatment facilities.

Oil and Gas Processing/Treatment: Processing/treatment activities involve the chemical separation of oil and gas constituents and the removal of impurities. Processing activities would include oil stripping; hydrogen sulfide and carbon dioxide removal systems; depropanizers, debutinizers, or other types of fractionation; sulfur recovery plants; wastewater treatment plants; and separation and dehydration of oil/gas/water.

(Added by Ord. 4235, 09/03/1996)

Oil/Gas Drilling Rig: The derrick or mast, draw works, and attendant surface equipment used to drill for oil, natural gas, or both from underground reservoirs, and to drill injection wells for disposal of fluids into subsurface reservoirs. Drilling rigs are also used to complete (prepare for production) a well, or redrill or rework a well. The derrick consists of a large load-bearing structure, usually bolted construction of metal beams. In drilling, the standard derrick has four legs standing at the corners of the substructure and reaching to the crown block. The substructure is an assembly of heavy beams used to elevate the derrick and provide space underneath to install the blowout-preventive equipment, casing head, and other equipment.

(Added by Ord. No. 4622, 05/10/2007)

Oil/Gas Hydraulic Fracturing: A well stimulation technique that consists of pumping fluid, typically with a propping agent such as sand, down the wellbore under pressure to create or enlarge fractures in a targeted formation.

(Added by Ord. 4818, 01/12/2012)

Oil/Gas Workover/Pulling Rig: The derrick or mast, draw works, and attendant surface equipment to service oil/gas or injection wells, including, among other things, running the pump and tubing, replacing parts, fixing casing, and plugging and abandoning a well. These rigs are typically mobile, wheel-based trucks capable of moving from one well to another.

(Added by Ordinance No. 4622, 05/10/2007)

One Ownership: Ownership of property or possession thereof under a contract to purchase or under a lease the term of which is 10 years or more in any manner whereby such property is under a single or unified control, including ownership of property by a person or persons, firm, partnership, association, corporation, company, syndicate, estate, trust, or organization of any kind.

Onsite Hazardous Waste Management Facility: A facility that stores, treats, recycles, and/or disposes of hazardous wastes generated only within the facility's boundaries.

(Added by Ord. 4046, 05/19/1992)

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

Open Space:

(1)

Public Open Space: Public open space shall include but not be limited to public parks, recreational support facilities (restrooms, stairways, picnic tables, etc.), public parking lots, beaches, access corridors such as bike paths, hiking, or equestrian trails, usable natural areas, and vista points which 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, i.e., swimming, boating, or fishing but in no case shall water bodies be credited for more than five percent of the total required public open space requirement. Public open space shall not include areas which are unusable for recreational purposes, i.e., private or public streets, private parking lots, or hazardous areas such as steep slopes and bluff faces.

(2)

Common Open Space: Common open space shall include but not be limited to recreational areas and facilities for the use of the prospective residents or guests of a development such as 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 required common open space.). 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 shall include but not be limited to patios, decks, and yards for the private use of the residents of individual dwelling units.

Outdoor Festival: Any musical festival, dance festival, "rock" festival or similar musical activity at which music is provided by paid, or professional, or amateur performers or by prerecorded means, which is held at any place other than in a permanent building or permanent installation, which permanent installation has been constructed for the purpose of conducting such activities or similar activities, to which members of the public are invited or admitted for a charge or free of cost, and which is to be or is attended by 500 or more persons. If such a festival or activity is to be or is attended by less than five hundred persons, it is an amusement enterprise conducted partially or wholly outside of a completely enclosed building.

Outdoor Recreation Facility: An area designated for active recreation, whether publicly or privately owned, including baseball and softball diamonds, soccer and football fields, equestrian arenas, golf courses, tennis courts, skateboard ramps and swimming pools.

(Added by Ord. 4887, 06/09/2016)

Park Trailer. A trailer, with or without a permanent foundation, designed for human habitation that meets the requirements of the California Health and Safety Code Section 18009.3.

(Added by Ord. 5129, 05/13/2021)

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 the figure below.

==> picture [60 x 127] intentionally omitted <==

Parking Lot Sale: A temporary sale that is conducted by a retail store, shop, establishment in the area usually used for on-premise customer parking or pedestrian access (not within a public right-of-way) of that retail store, shop, or establishment and at which sale the same type of merchandise sold within that store, shop, or establishment is sold at retail.

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

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

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

(Added by Ord. 4086, 12/15/1992)

Permanent Resident: Any person who lives in a mobilehome park for 270 days or more in any 12-month period, and whose residential address in the mobilehome park can be verified as one that meets at least three of the following criteria:

(Added by Ord. 4829, 04/10/2014)

1.

Address where registered to vote.

2.

Home address on file at place of employment or business.

3.

Home address on file at dependents' primary or secondary school.

4.

Not receiving a homeowner's exemption for another property or mobilehome in this state nor having a principal residence in another state.

5.

California Department of Motor Vehicles identification address.

6.

Mailing address.

7.

Vehicle insurance address.

8.

Home address on file with bank account.

9.

Home address on file with the Internal Revenue Service.

10.

Home address on file with local club/association membership.

Any other criteria determined to be acceptable by the Director.

Permitted Land Use: Any land use, facility, activity, or site subject to this Article.

(Added by Ord. 4550 09/21/2004)

Permitted Use: Uses that are listed within specific zone districts as permitted uses that may be allowed subject to obtaining the necessary approvals and permits as identified in the zone district and this Article.

(Added by Ord. 4557, 12/07/2004)

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

Planning Commission: The Santa Barbara County Planning Commissions, including the Montecito Planning Commission, referred to in this Article as the "Commission" or "Planning Commission."

(Amended by Ordinance 4888, 10/10/2014)

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

Prime Agricultural Lands:

(1)

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

(2)

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

(3)

Land which 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 United States 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 two hundred dollars per acre.

(5)

Land which 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 Structure: A structure in which is conducted the principal use of the lot on which it is situated. In any residential, agricultural or estate district, any 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.

(Added by Ord. 4858, 11/14/2013)

Private Services:

(Added by Ord. 4084, 12/15/1992)

(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, except for Oil and Gas Facilities regulated by Division 9, Section 35-150.

(2)

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

Project: Any activity governed to any extent by this Article which involves the issuance, by one or more agencies governed by the Santa Barbara County Board of Supervisors, of a permit, license, certificate, or other entitlement for use. The term "project" generally refers to the whole of an activity which 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 Article. (See also California Public Resources Code, Section 21065(c); California Government Code, Section 65931)

(Added by Ord. 3613, 10/27/1986)

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.

(Added by Ord. 4964, 12/14/2017)

Public Works and Utilities:

(Amended by Ord. 4084, 12/15/1992)

(1)

All 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, except for Oil and Gas Facilities regulated by Division 9. Section 35-150 et seq.

(2)

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

(3)

All community college facilities.

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.

(Added by Ord. 4084, 12/15/1992)

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 three general categories of lines include:

(Added by Ord. 4040, 05/19/1992)

(1)

Main Line: The main line serves the long-distance intercity and interstate movement of trains, and is similar in function to an automobile expressway or major arterial street.

(2)

Branch Line: The branch line generally connects cities, military bases, and commercial/industrial areas to the mainline, and is similar in function to minor arterial and collector streets.

(3)

Spur Line: The spur line connects specific entities, such as a factory, refinery, warehouse, or lumber yard to the branch line or main line, and is similar in function to connector streets.

(4)

Siding or Turnout: Is used for the purpose of allowing safe passage of trains, switching or rail cars, or parking of trains.

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.

(Added by Ord. 4946, 12/08/2016)

Reclamation: As used in Section 35-170 of this Article, shall mean conversion of a host site to natural conditions, or other conditions, in compliance with applicable laws and permits, including remediation of contamination, contouring of topography, re-vegetation and landscaping.

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, with a living area less than 220 square feet excluding built-in equipment such as wardrobes, closets, cabinets, kitchen units or fixtures, bath and toilet rooms. Recreational Vehicle Park: Any area or tract of land, where one or more lots are rented or leased or held out for rent to owners or users of recreational vehicles or tents and which is occupied for temporary purposes.

mergency occupancy, with a living area less than 220 square feet excluding built-in equipment such as wardrobes, closets, cabinets, kitchen units or fixtures, bath and toilet rooms. Recreational Vehicle Park: Any area or tract of land, where one or more lots are rented or leased or held out for rent to owners or users of recreational vehicles or tents and which is occupied for temporary purposes.

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.

(Added by Ord. 4858, 11/14/2013)

Relocation Counselor: A counselor providing the services described in Section 35-144K.7.2.a.

(Added by Ord. 4829, 04/10/2014)

Relocation Plan: A document which describes the relocation assistance to be provided for all permanent mobilehome park residents who will be displaced, whether they rent or own their mobilehome unit.

(Added by Ord. 4829, 04/10/2014)

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.

(Added by Ord. 4946, 12/08/2016)

Resident-Approved Receiving Site: A site which has been agreed upon by both the applicant and the nonmobilehome resident as a mutually acceptable location to receive a relocated residential unit which does not meet the definition of mobilehome.

(Added by Ord. 4829, 04/10/2014)

Residence Hall: A boarding house or lodging house, or combination thereof, used primarily for the purpose of providing facilities for student housing. The term "residence hall" shall not be deemed to include a fraternity or sorority house.

Residential Second Unit: See Accessory Dwelling Unit.

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

(Amended by Ord. 3834, 03/20/1990)

Retreat: A building or group of buildings with appurtenant land and structures used for the purpose of providing facilities for groups assembled for periods of not to exceed 21 days for discussion, study, and recreation. When such facilities are to be located in rural areas, the retreat must require or benefit from a location surrounded by open land and the facility development shall be limited and subordinate to the character of the surrounding natural environment.

Ridgeline: As used within Section 35-144F, Commercial Telecommunication Facilities, ridgeline shall mean a visually prominent, relatively long and narrow strip or crest of land, which forms a distinct part of the skyline within a watershed, that separates one drainage basin from another.

(Added by Ord. 4588, 06/14/2007)

Right-Of-Way Line: The recorded boundary of a public or private street.

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

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

(Amended by Ord. 4169, 10/11/1994)

Scenic Highway Corridor: A corridor of land that extends 2,000 feet outward from the right-of-way lines of any state-designated scenic highway.

(Added by Ord. 4588, 06/14/2007)

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.

Secondary Use: a) A land use subordinate or accessory to a principal land use. b) When used in reference to residential use in conjunction with commercial and industrial uses in this Article, secondary shall mean two residential bedrooms per 1,000 square feet of total gross floor area of commercial or industrial development. However, in no event shall the total gross floor area of the residential development exceed the total gross floor area of the commercial or industrial use.

(Added by Ord. 4557, 12/07/2004)

Seismic Retrofit: An alteration to the structural elements of a building or structure specifically and exclusively for the purposes of resisting earthquake forces. Seismic retrofit alterations exempt from Coastal Development Permits (Section 35-169.14) are limited to the addition of foundation bolts, hold-downs, lateral bracing at cripple walls, and other structural elements required by County Ordinance 4062. The seismic retrofits shall not increase the gross square footage of the structure, involve exterior alterations to the structure, alter the footprint of the structure, nor increase the height of the structure.

(Added by Ord. 4227, 06/18/1996)

Semi-detached Building: A building having a common wall with another building which wall has no openings connecting the two buildings.

Setback: The minimum required distance that a building or structure must be located from any property line of the lot on which they are located or street center line in order to provide an open yard area which is unoccupied and unobstructed from the ground upward except as specifically allowed for in this Article.

(Amended by Ord. 4557, 12/07/2004)

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.

(Added by Ord. 4557, 12/07/2004)

Setback, Rear: An open yard area 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.

(Added by Ord. 4557, 12/07/2004)

Setback, Side: An open yard area extending between the front setback and 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.

(Added by Ord. 4557, 12/07/2004)

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.

(Added by Ord. 4529, 04/20/2004)

Shadow Construction: Pipeline construction, involving two or more separate pipeline projects in the same corridor, is coordinated at closely-timed intervals so that site rehabilitation is required only once.

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

(Added by Ord. 4169, 10/11/1994)

Site: The area of project development that may be located within, or consist of, one or more legal lots or parcels.

(Added by Ord. 4318, 06/23/1998)

South Coast Consolidated Oil and Gas Processing Site: The site supporting the Las Flores Canyon Oil and Gas Processing facility (the industrially zoned portions of APNs 081-220-014 and 081-230-019). Any new oil and gas production from offshore reservoirs or zones that is processed within the SCCPA must be processed at this site.

(Added by Ord. 4235, 09/03/1996; amended by Ord. 4602, 03/21/2006)

South Coast Consolidation Planning Area (SCCPA): The unincorporated area from Point Arguello to the City of Santa Barbara, and from the ridge of the Santa Ynez Mountains to the three-mile offshore limit line to the south and southeast.

(Added by Ord. 3701, 06/10/1988)

Special Care Home: A residential home providing 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.

(Amended by Ord. 4169, 10/11/1994; Ord. 4298, 03/24/1998; Ord. 4378, 11/16/1999; Ord. 4884, 09/08/2016; Ord. 5004, 12/14/2017)

Special District: Any public agency, other than a local government as defined in this Article, formed pursuant to general law or special act for the local performance of governmental or proprietary functions within limited boundaries. "Special District" includes, but is not limited to, 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 that 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.

(Added by Ord. 4964, 12/14/2017)

Special Treatment Area: An identifiable and geographically bounded area within the coastal zone that constitutes a significant habitat area, area of special scenic significance, and any land where logging activities could adversely affect a public recreation area or the biological productivity of any wetland, estuary, or stream especially valuable because of its role in a coastal ecosystem.

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.

(Added by Ord. 4964, 12/14/2017)

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

Staging Areas: Minor coastal facilities used for temporary storage and handling of equipment and materials accessory and incidental to construction of a specific oil and gas development project. Staging areas are to be at a scale of development not detrimental to the surrounding land uses and character.

(Added by Ord. 3537, 10/08/1985)

State University or College: The University of California and the California State University and Colleges.

Story: That 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 it.

Stream: Watercourses, including major and minor streams, drainage ways and small lakes, ponds and marshy areas through which streams pass. (Coastal wetlands are not included.)

Stream, Major: A stream with a drainage area in excess of 500 acres.

Stream, Minor: A stream with a drainage area less than 500 acres.

Stream Corridor: A stream and its minimum prescribed buffer strip.

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

Street Frontage: The portion of a property abutting a public or private street.

Stripper Column or Tower: A tall, cylindrical vessel used to physically remove contaminants from gas or liquid.

(Added by Ordinance No. 4622, 05/10/2007)

Structure: Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground. A trailer shall not constitute a structure within the meaning of this Article. As used in this section, "structure" includes, but is not limited to, any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line.

r erected, the use of which requires location on the ground or attachment to something having location on the ground. A trailer shall not constitute a structure within the meaning of this Article. As used in this section, "structure" includes, but is not limited to, any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line.

Structural Alteration: Any change in the supporting members of a building or structure, such as bearing walls, column beams or girders or in the dimensions or configuration of the roof.

Studio Dwelling Unit: A single dwelling unit which does not contain a bedroom and which is located within a two-family dwelling or a multiple dwelling.

Subdivision: A division of land as defined in the State Subdivision Map Act.

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.

(Added by Ord. 4588, 06/14/2007, amended by Ord. 4789, 11/14/2013)

Supply Bases: Major onshore and nearshore facilities which provide multi-company warehousing and handling services for supplies associated with short- and long-term offshore oil and gas industrial operations.

(Added by Ord. 3537, 10/08/1985)

Supportive Housing: Housing with no limit on length of stay, that is occupied by the target population, and that is limited 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).)

(Added by Ord. 5004, 12/14/2017)

Swap Meet: An open-air market operating during daylight hours on weekends and holidays for the sale or exchange of merchandise at retail by a number of sellers. Signs or other advertising by the individual sellers and outdoor storage of materials or merchandise, except during hours of operation, are prohibited.

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).)

(Added by Ord. 5004, 12/14/2017)

Telecommunication Facility: A facility that transmits and/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.

(Added by Ord. 4588, 06/14/2007)

Telecommunication Facility, 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.

(Added by Ord. 5095, 03/11/2021)

Telecommunication Facility, Collocated: A telecommunication facility composed of one or more antennas mounted to an existing tower or other structure used by one or more than one public or private entity.

(Added by Ord. 4588, 06/14/2007, amended by Ord. 4789, 11/14/2013)

Telecommunication Facility, Commercial: A telecommunications facility that is operated primarily for a business purpose or purposes.

(Added by Ord. 4588, 06/14/2007)

Telecommunication Facility, 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.

Telecommunication Facility, 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 tip 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 and/or antenna support structure includes the height of the portion of the building on which it is mounted.

(Added by Ord. 4588, 06/14/2007)

Telecommunication Facility, 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.

(Added by Ord. 4588, 06/14/2007)

Telecommunication Facility, Non-commercial: A telecommunication facility that is operated solely for a nonbusiness purpose.

(Added by Ord. 4588, 06/14/2007)

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

(Added by Ord. 4588, 06/14/2007)

Telecommunication Facility, Wireless: A commercial telecommunication facility that transmits and/or receives radio communication signals through the air for cellular, personal communication services, pagers, and/or similar services. The facility can include, but is not limited to: antennas, radio transmitters, equipment shelter or cabinet(s), air vents, antenna support structure, air conditioning units, fire suppression systems, emergency back-up generators including fuel storage.

(Added by Ord. 4588, 06/14/2007)

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

(Added by Ord. 4588, 06/14/2007)

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

Temporary Use: (a) An activity or use that constitutes development as defined in Section 35-58 of this

Ordinance but which is an activity or function which is or will be of limited duration (does not exceed a twoweek period on a continual basis, or does not exceed a consecutive four month period on an intermittent basis) and involves the placement of non-permanent structures and/or exclusive use of public spaces, including but not limited to, sandy beach, parkland, filled tidelands, water, streets or parking areas, which are otherwise open and available for general public use; or b) an activity as defined in section (a) that

involves any commercial component such as: admission fee, renting of facility, charging for valet parking or shuttle service and/or public advertising.

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

(Added by Ord. 4588, 06/14/2007)

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

(Added by Ord. 4588, 06/14/2007)

Tower, Monopole: A tower consisting of a single pole, constructed without guy wires and ground anchors.

(Added by Ord. 4588, 06/14/2007)

Trailer: A vehicle with or without motor power which is designed or used for hauling materials, personal property or vehicles, including watercraft, 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.

(Amended by Ord. 4811, 11/14/2013)

Transitional Housing: Buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculation 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).)

(Added by Ord. 5004, 12/14/2017)

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, and which was installed pursuant to all necessary permits and approvals. For the purposes of siting telecommunications facilities on existing structures, a new utility pole approved pursuant to a coastal development permit may be considered an existing utility pole.

(Added by Ord. 4588, 06/14/2007)

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. (See Section 35-124 Vision Clearance Area.)

(Amended by Ord. 4067, 08/18/1992; Ord. 4557, 12/07/04)

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.

(Added by Ord. 4789, 11/14/2013)

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.

(Added by Ord. 4811, 11/14/2013)

Waste Minimization: The reduction, to the maximum extent feasible, of hazardous waste that is generated or subsequently stored, treated or disposed. Waste minimization is a reduction in the total volume or quantity of hazardous waste, and minimizes the present and future threats to human health and the environment. As used in the HWMP and this Ordinance, waste minimization includes source reduction, recycling and onsite treatment of hazardous wastes.

(Added by Ord. 4046, 05/19/1992)

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:

(Added by Ord. 4964, 12/14/2017)

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.

Wetbar: An area of a room in detached structures that may include the following features:

(Amended by Ord. 3834, 03/20/1990)

(1)

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

(2)

The counter area may include a bar sink and under-counter refrigerator.

(3)

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

(4)

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

(5)

No cooking facilities shall be included in the wetbar area.

Wetland: Lands within the coastal zone which 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.

Yard: See Setback.

(Amended by Ord. 4557, 12/07/2004)

Yard, Front: See Setback, Front.

(Amended by Ord. 4557, 12/07/2004)

Yard, Rear: See Setback, Rear.

(Amended by Ord. 4557, 12/07/2004)

Yard, Side: See Setback, Side.

(Amended by Ord. 4557, 12/07/2004)

Zoning Administrator: A position authorized by Government Code Section 65900 et seq. created by ordinance which authorizes a hearing officer to hear and decide on applications including Development Plans, Minor Conditional Use Permits, Modifications and Variances in compliance with this Article. Within the Montecito Community Plan Area references to the Zoning Administrator shall mean the Montecito Planning Commission.

(Amended by Ordinance 4888, 10/10/2014)

Zoning Ordinance: An ordinance authorized by Section 65850 of the Government Code or, in the case of the charter city, a similar ordinance enacted pursuant to the authority of its charter.)

(Amended by Ord. 3954, 02/21/1992)

(Ord. No. 5168, §§ 2, 3, 11-29-2022; Ord. No. 5194, § 2, 11-7-2023; Ord. No. 5204, § 1, 2-13-2024; Ord. No. 5235, § 1, 2-4-2025)

DIVISION 3. - DEVELOPMENT STANDARDS.

The purpose of this overlay district is to designate geographic areas of AG-I zoned lands in the Carpinteria Valley appropriate to support future greenhouse development and to designate areas appropriate for the preservation of open field agricultural uses. The intent is to ensure well-designed greenhouse development and to limit the loss of open field agricultural areas from piecemeal greenhouse expansion by providing well-crafted development standards that protect the water quality, visual resources, and rural character of the Carpinteria Valley.

The provisions of this overlay district that apply to greenhouses shall also apply to shade structures and hoop structures unless expressly stated otherwise. The provisions of this overlay district shall apply to AG-I zoned lands in the coastal zone of the Carpinteria Valley. The Carpinteria Agricultural Overlay District identifies areas where future development of greenhouses shall be regulated in accordance with this overlay district.

Area A allows future expansion of greenhouses, greenhouse related development, packing and shipping facilities, shade structures and hoop structures, on AG-I zoned lands as identified by the Carpinteria Agricultural Overlay District map, subject to the provisions of this overlay district. Area A is generally located south of Highway 192, east of Nidever Road and west of Linden Avenue.

Area B allows new greenhouses, greenhouse related development, packing and shipping facilities, shade structures and hoop structures subject to the provisions of this overlay; however, no more than 20,000 square feet cumulative is permitted per legal lot. Area B encompasses the remainder of AG-I zoned lands in the Carpinteria Valley as identified by the Carpinteria Agricultural Overlay District map.

Section 35-102F.3 Effect of the CA Overlay District.

Within the CA Overlay District, all uses of land shall comply with regulations of the base zone district (AG-I). In Areas A and B legally permitted greenhouses, greenhouse related development, packing and shipping facilities, shade structures and hoop structures existing on the effective date of ordinance adoption will be considered conforming uses. New or altered greenhouses and greenhouse related development, packing and shipping facilities, shade structures and hoop structures in the Carpinteria Valley must comply with the regulations of this CA Overlay District before the issuance of a Coastal Development Permit under Section 35-169. If any of the provisions of this overlay district conflict with the provisions of base zoning district regulations, the provisions that are most restrictive shall govern.

Section 35-102F.4 Development Cap for Greenhouses and Greenhouse Related Development.

Within Area A of the CA Overlay District, no more than 2.75 million square feet of new greenhouses,

greenhouse related development, packing and shipping facilities, and hoop structures may occur after the date of adoption of this overlay district. For the purpose of calculating this development cap, all greenhouses, packing and shipping facilities, hoop structures, and greenhouse related development (including associated paved parking and driveways, and associated accessory structures [e.g. boiler rooms, storage sheds, etc.]) shall be included. Shade structures shall not be calculated towards the cap. Structures that are legalized during the amnesty period (Section 35-102F.7.2) shall not be calculated towards the development cap.

Section 35-102F.5 Processing.

1.

The following types of development shall require a Coastal Development Permit (Section 35-169):

a.

Development of new greenhouses, greenhouse related development, packing and shipping facilities, additions or alterations to existing greenhouses or related development, and conversions of shade or hoop structures to greenhouses, where the cumulative lot coverage is less than 20,000 square feet (see Section 35-102F.5.3 for additional requirements for packing and shipping facilities).

b.

Development of new shade structures or hoop structures greater than 500 square feet, where the cumulative lot coverage is less than 20,000 square feet. Hoop structures greater than 5,000 sq. ft. in area shall be subject to Flood Control District review to mitigate potential drainage and erosion impacts.

c.

Minor alterations or additions to an existing greenhouse, packing and shipping facility, or related development, including retrofits of aging structures, if such alterations and additions meet the requirements of this overlay district and all of the following applicable criteria:

1)

The existing structure(s) shall be legally permitted.

2)

Alterations shall not conflict with project conditions of approval for the existing structure.

3)

Alterations to existing structures shall not reduce the effectiveness of existing landscape screening, result in the removal of specimen trees, or disrupt environmentally sensitive areas.

4)

Alterations shall incorporate the applicable development standards set forth in Section 35-102F.9.

5)

Additions shall not result in a cumulative lot coverage of 20,000 square feet or more, or in an increase of 1,000 square feet or five percent of building coverage of all existing structures, whichever is less.

2.

The following types of development shall require a Development Plan (Section 35-174) and a Coastal Development Permit (Section 35-169):

a.

In Area A, development of new greenhouses, greenhouse related development, packing and shipping facilities, additions or alterations to existing greenhouses or greenhouse related development, and conversions of shade or hoop structures to greenhouses or greenhouse related development, where the cumulative lot coverage would total 20,000 square feet or more (see Section 35-102F.5.3 for additional requirements for packing and shipping facilities).

b.

In Area A, development of new shade structures or hoop structures, where the cumulative lot coverage would total 20,000 square feet or more.

3.

Packing and shipping facilities, other than the following, shall require a Minor Conditional Use Permit (Section 35-172). Packing and shipping facilities of less than 5,000 square feet may be processed by a Coastal Development Permit only, provided there are no existing greenhouses or greenhouse related development on the lot.

4.

Greenhouse and greenhouse related development on five to 10 percent slopes shall require a Major Conditional Use Permit. Prior to approval of such development, the approving body shall make findings described in Section 35-68.13.

1.

In addition to the application requirements of Section 35-169, applications for a Coastal Development Permit for any greenhouse, greenhouse related development, packing and shipping facilities, and/or shade or hoop structure in the CA Overlay District shall include:

a.

A complete listing of the types, quantities and frequencies of application of chemicals (fertilizers, salts, corrosion inhibitors, etc.) that are expected to be used in the greenhouse operation.

b.

A statement of cultivation method.

c.

A map (US Geologic Survey 7.5 minute series topographic map) showing the location of water wells within one-half mile radius of the proposed project and the location of any surface waters or drainage ways within one-half mile of the project site.

d.

Soil types present within the proposed building location, and total amount of grading (cut and fill).

e.

A description of the proposed domestic waste disposal system. Percolation tests shall be required for new septic systems. For existing septic systems that are a part of the project description, a certification from a qualified inspector demonstrating that the system is adequate to serve existing and proposed uses.

f.

A plot plan depicting building footprints, driveways/access roads, parking, loading docks, retention basin, finished building elevations and roof panel orientation. Building and drainage plans shall be submitted to Flood Control District for review.

g.

A landscape plan to consist of the components listed in Section 35-102F.9.

h.

Determination of the extent and location of prime agricultural soils (pursuant to the definition of prime agricultural lands in Section 35-58 of the Zoning Code) in the project area.

i.

A water quality management plan, required for all greenhouses, greenhouse related development, and hoop structures, to consist of the components listed in Section 35-102F.9.

2.

In addition to the application requirements in Section 1. above and Section 35-174 (Development Plans), applications for a development plan or Conditional Use Permit for any greenhouse, greenhouse related development, packing and shipping facilities, and/or hoop structure in the CA Overlay District shall include the items below. These items may not be required for a new shade structure with no other greenhouse development on site.

a.

A Traffic Management Plan to consist of the components listed in Section 35-102F.9.

Section 35-102F.7 Conforming and Nonconforming Structures.

1.

As of the effective date of ordinance adoption, all existing greenhouses, packing and shipping facilities, shade and hoop structures, and greenhouse related development in both Areas A and B are considered conforming structures, provided such structures were legally approved and constructed and are consistent with the provisions set forth in this overlay district. Structures that were legally approved and constructed but are not consistent with the provisions set forth in this overlay district are considered nonconforming structures. In Area B, greenhouses, packing and shipping facilities, shade and hoop structures, and greenhouse related development of 20,000 square feet or more, and legally approved and constructed prior to date of adoption of this ordinance, are considered conforming structures if they meet all other requirements of this overlay district. Greenhouses and related structures that do not conform to the provisions of this overlay district, but are otherwise conforming uses (i.e. legally permitted as of the effective date of ordinance adoption), shall be subject to the provisions contained in Division 10. Section 35-162 (Nonconforming Buildings and Structures).

2.

Amnesty Period for Existing Unpermitted Structures. Existing unpermitted greenhouses, packing and shipping facilities, shade and hoop structures and greenhouse related development, which were constructed prior to April 22, 1999, may be legalized through application for a development permit if such structures conform to the provisions set forth in this overlay district. Application for such permits must be made on or before two years after the effective date of this ordinance. Structures that are legalized during the amnesty period shall not be counted towards the development cap (Section 35-102F.4)

Lot Coverage. Lot coverage shall be calculated to include all greenhouses, shade and hoop structures, packing and shipping facilities, and greenhouse related development, including accessory buildings, and associated paved driveways and parking areas.

a.

For parcels identified as view corridor parcels on the Carpinteria Agricultural Overlay District map, lot coverage shall not exceed 25 percent net lot coverage. Development shall be clustered adjacent to existing greenhouse development to the greatest extent feasible.

b.

In Area B, the maximum cumulative lot coverage shall be 20,000 square feet.

2.

Height.

a.

The maximum absolute height of any greenhouse or greenhouse related development, or packing and shipping facility, shall be no greater than 30 feet above finished grade. The maximum absolute height of any shade structure or hoop structure shall be no greater than 12 feet above natural grade.

b.

Within view corridors the maximum absolute height of any greenhouse or greenhouse related development, or packing and shipping facility, shall be no greater than 25 feet above finished grade.

3.

Setbacks. The following setbacks for greenhouses, packing and shipping facilities, shade and hoop structures, and related structures shall apply:

a.

Front: 75 feet from the right of way line of any street. For parcels within identified view corridors, the front setback shall be at least 250 feet from right of way.

b.

Side and Rear: 30 feet from the lot lines on which the building or structure is located.

c.

Interior Lot: 20 feet from the lot lines on which the building or structure is located.

d.

100 feet from a residentially-zoned lot or 50 feet from an adjacent parcel where there is an approved residential dwelling located within 50 feet of the parcel boundary.

e.

100 feet from top-of-bank or edge of riparian habitat of natural creek channels, whichever is greater.

4.

Maximum Slope.

a.

In Area B, greenhouses and greenhouse related development shall be prohibited on slopes in excess of 10 percent within the Carpinteria Valley. Greenhouse and greenhouse related development on five to 10 percent slopes shall require a Major Conditional Use Permit. Prior to approval of such development, the approving body shall make findings described in Section 35-68.13.

5.

Prime Agricultural Soils.

a.

Greenhouse operations on prime agricultural soils shall encourage use of in-soil cultivation methods.

b.

Prime agricultural soils shall not be modified with sterilants or other chemicals that adversely affect the long-term productivity of the soil.

c.

The removal of prime agricultural soils shall be prohibited, including removal of indigenous prime soils used as a growing medium for container plants which are sold intact.

Section 35-102F.9 Development Standards for Greenhouses and Related Development.

A.

Prior to approval of a Coastal Development Permit for any greenhouse, related development, packing and shipping facility, shade or hoop structure, within the CA Overlay District, the proposed development shall meet the following development standards where applicable.

1.

A landscaping plan shall be required which provides, to the maximum extent feasible, visual screening of all structures and parking areas from all adjacent public roads and view corridors. The landscape plan shall include the following:

a.

The landscaping plan shall consist of plants which will reasonably screen the development within five years and which are compatible with the surrounding visual character of the area.

b.

Landscaping within front setbacks shall gradually increase in height away from public roadways. Solid wall fencing shall not be relied upon as a primary means of screening. Solid wall or chain-link security fencing shall be screened from public view corridors by dense landscaping and/or covered with attractive climbing vines.

c.

Where structures are proposed in existing orchards or adjacent to wind rows, perimeter trees shall be preserved to the maximum extent feasible in order to provide visual screening along adjacent public roadways. Remnant orchard trees shall be maintained in good condition to ensure that trees do not become hosts for pests or diseases.

d.

Landscaping, fences, and walls shall not impede views of scenic areas from public roads, parks, beaches, or other public viewing areas.

Landscaping shall be maintained for the life of the project. The applicant shall post a performance security to ensure that landscaping provides adequate screening within five years. If landscaping is removed or substantially altered, a revised landscape plan shall be submitted to Planning and Development for substantial conformity review with the original conditions of approval and replacement landscaping shall be installed and maintained.

2.

All greenhouses, greenhouse related development, packing and shipping facilities and hoop structures shall be required to mitigate for increased storm water runoff from development of the project site. Postdevelopment peak runoff rate shall not exceed 75 percent of the calculated pre-development peak runoff rate for five to 100 year events. Where required, retention basins and other storm water drainage facilities shall be designed in conformance with the County Flood Control District and County Water Agency[1] standards and guidelines.[[1]]

3.

Where wastewater flows from greenhouses, greenhouse related development, hoop structures and packing and shipping facilities are proposed to be disposed through a private septic system, adequate undeveloped area shall be maintained to accommodate the septic system components, including 100 percent expansion areas, and required setbacks from buildings, property lines, wells, storm water retention facilities, streams, etc. No development shall be placed above the septic system components.

4.

Compost, fertilizer and pesticides shall be stored in a manner that minimizes generation of leachate and polluted runoff. The storage area must have a covering to minimize the exposure of these materials to stormwater. In addition, compost piles and fertilizer storage areas shall be located outside of the 100-year flood plain.

5.

The Carpinteria-Summerland Fire Protection District shall review and approve storage areas for pesticides, herbicides and fertilizers. Storage areas shall be designed with the following mandatory components, and or other requirements deemed necessary by the District:

a.

A low berm shall be designated around the interior floor to prevent migration of materials in the event of a spill. Any spilled material shall be disposed of in accordance with Carpinteria-Summerland Fire Protection District requirements.

b.

The floor shall be a concrete slab.

c.

The storage area must have a covering.

d.

The berm shall be designed to provide 100 percent containment of any stored liquids in the event of a spill.

e.

In the event that storage, handling or use of hazardous materials within the provisions of AB 2185/2187 occurs on site, the applicant shall implement a Hazardous Materials Business Plan (HMBP).

6.

Waste brine shall be contained and disposed of in accordance with federal, state, county and local regulations and requirements. If any discharge of high saline brines is proposed, then the discharger shall consult with the Regional Water Quality Control Board (RWQCB) staff to determine the appropriate regulatory requirements for the specific discharge.

7.

Exterior lighting shall be for specific safety purposes only and shall be hooded/shielded to minimize the spread of light off-site and to minimize impacts to the rural nighttime character.

8.

To the extent feasible, new greenhouse development and packing and shipping facilities shall be oriented with the roof axis aligned from north to south to reduce glare impacts.

9.

To the maximum extent feasible, hardscaped areas (i.e., parking lots, driveways, loading bays, interior walkways in greenhouses, packing and shipping facilities, and accessory building footprints) shall be minimized in order to preserve the maximum amount of agricultural soils and reduce the potential for

adverse impacts to water quality. Minimizing the covering of soils shall be accomplished through efficient site and building design and the use of permeable surfaces wherever feasible.

10.

To the maximum extent feasible, vegetative cover shall be provided in areas of non-structural development to encourage storm water infiltration and reduce runoff from hardscaped areas. The use of open field crops should be encouraged to keep non-greenhouse areas in production.

11.

Stationary construction equipment that could generate noise exceeding 65 dB(A) CNEL at property boundaries shall be shielded to County Planning and Development's satisfaction and, where feasible, shall be located a minimum of 200 feet from sensitive receptors.

12.

Industrial fans and heaters for all greenhouses, greenhouse related development and packing and shipping facilities shall be designed such that external sound levels do not exceed 65 dB(A) CNEL at the property line. Such equipment shall not be located on greenhouse walls that face adjacent existing residences. To ensure that this maximum sound level is not exceeded, acoustical analyses shall be conducted prior to zoning clearance or at the time of discretionary approval of individual greenhouses, related development, and packing and shipping facilities, and follow-up noise monitoring shall be conducted at least twice during the first year of operation. If noise levels from equipment are found to exceed 65 dB(A) CNEL at the property line, adjustments shall be made to ensure compliance with this requirement.

13.

Noise associated with paging and/or broadcasting of music over speakers within greenhouses, related structures and packing and shipping facilities structures shall be limited to levels that are not audible at the property line.

14.

Packing and distribution facilities shall be subject to Board of Architectural Review review. The size, height, design, and appearance shall be compatible with the rural character of the area.

15.

To the maximum extent feasible, packing and distribution facilities, loading docks, and delivery bays shall be centrally located within individual greenhouse operations. When packing and distribution facilities are centrally located, the driveway to reach such a facility shall not be counted toward the CA Overlay development cap. Idling of trucks shall be prohibited between the hours of 9:00 p.m. and 7:00 a.m. A minimum 100 foot setback shall be maintained between loading/unloading areas, driveways and parking areas and adjacent residential properties.

All new or retrofit greenhouse or plant protection structures shall include a mechanized blackout screen system within growing areas to prevent interior night lighting from being visible outside the structure. If the applicant does not intend to use night lighting, the project description for individual greenhouse projects shall clearly state that night lighting within growing areas shall not occur.

17.

All boilers, steam generators and process heaters proposed at new or expanded greenhouse operations shall utilize low-NOx burners.

18.

Greenhouse development shall be sited and designed to minimize adverse impacts on scenic areas, and public views of the ridgelines and natural features visible from public roadways or other public viewing areas to the maximum extent feasible. If there is no feasible building site location on the proposed project site where development would not be visible, then the development shall be sited and designed to minimize impacts on scenic areas and public views of ridgeline and natural features visible from scenic highways or public viewing areas, through measures including, but not limited to, siting development in the least visible portion of the site, reducing maximum height standards, breaking up the mass of new

ere development would not be visible, then the development shall be sited and designed to minimize impacts on scenic areas and public views of ridgeline and natural features visible from scenic highways or public viewing areas, through measures including, but not limited to, siting development in the least visible portion of the site, reducing maximum height standards, breaking up the mass of new

structures, clustering new structures with existing greenhouse development along the edges of the properties to maintain maximum through-view corridor, and incorporating landscape elements.

19.

Avoidance of impacts to visual resources through site selection and design alternatives is the preferred method over landscape screening. Landscape screening, as mitigation of visual impacts shall not substitute for project alternatives including re-siting, or reducing the height or bulk of the greenhouse development.

20.

Greenhouses, greenhouse related development, and hoop structures shall be required to implement post construction structural treatment control Best Management Practices if determined necessary for the protection of water quality by the County on a case-by-case basis. Where required, these postconstruction structural treatment control Best Management Practices shall be designed and installed consistent with County Flood Control District and County Water Agency standards and guidelines,

including accommodating rainfall events up to 1.2 inches in volume or 0.3 inches per hour. These postconstruction structural treatment control Best Management Practices can be stand-alone devices or integrated into the storm water drainage facilities used to control the five to 100 year events described in Section 35-102F.9.2.

21.

Applicants shall prepare a Water Quality Management Plan (WQMP) for review and approval by Planning and Development and consultation by Environmental Health Services, the Regional Water Quality Control Board and the Carpinteria Valley Water District. The WQMP shall be required for all greenhouses, greenhouse related development, and hoop structures and shall consist of the following components:

a.

An erosion and sediment control plan, including a description of Best Management Practices that will be implemented during the construction phase of development to prevent water quality degradation.

b.

The location, description and design of all post-construction Best Management Practices.

c.

A flow diagram of the proposed water system to be used, including average and maximum daily flows.

d.

The mapped location of all existing and proposed surface and sub-surface drainage facilities.

e.

Information on the proposed water and nutrient delivery systems, specifying water conservation measures and a comprehensive nutrient management plan designed to minimize nutrient loss.

f.

Pesticide Best Management Practices that minimize the use of pesticides as defined and required by the County Agricultural Commissioner.

g.

The location and type of treatment and disposal facilities for irrigation, washwater, boiler blowdown, water softener regeneration brines, and retention basins.

h.

Best Management Practices designed to eliminate or minimize polluted runoff, including but not limited to the following:

1)

Use of water systems that minimize surface water transport (i.e., trickle, drip, mist, hydroponic irrigation systems).

2)

Use of water and nutrient recycling technologies.

3)

Use of soil conservation techniques that reduce erosion and sedimentation and remove solids and associated pollutants in runoff.

4)

Employment of fertilization methods that maximize the efficiency of nutrient delivery and uptake such as controlled-release fertilizers (CRF) or liquid fertilizer (LF).

5)

Implementation of Integrated Pest Management techniques. All greenhouses, greenhouse related development, and hoop structures should implement measures to eliminate the need for discharge of wastewater (i.e. irrigation runoff). If any type of discharge to land, groundwater, or surface water of wastewater is proposed, then the discharger shall submit a Report of Waste Discharge to the Regional Water Quality Control Board (RWQCB) staff. The Water Quality Management Plan shall indicate any discharge requirements determined necessary by the RWQCB. The approved Water Quality Management Plan shall be implemented by the applicant for the proposed greenhouse development and greenhouse related development.

22.

Irrigation Water Detention System: If deemed necessary by Planning and Development, in consultation with the Regional Water Quality Control Board staff, to further reduce potential water quality impacts, all excess surface irrigation process water shall be collected and routed to a sealed bottom, irrigation water detention basin. The detention basin shall function as a water bank during low rainfall periods (i.e. May to November) for water conservation and reuse. The irrigation water detention basin shall be separate from and not connected to any required flood control retention basin. The irrigation water detention basin shall be designed in accordance with Santa Barbara County Flood Control and Water Conservation District and County Water Agency requirements.

23.

The Carpinteria Valley Water District (CVWD) shall determine, pursuant to adopted criteria, the necessary groundwater testing and reporting required to monitor nitrate loading of groundwater caused by the applicant's development. The applicant shall install any monitoring wells as required by CVWD, or shall reimburse CVWD for the cost of installation of these wells. The applicant shall conduct groundwater testing and reporting as required by CVWD, or shall reimburse CVWD for the cost of this testing and reporting. All monitoring data and reports prepared by CVWD shall be submitted as public record to the CVWD Board of Directors and the County Planning & Development Department. Nitrate loading found to be in excess of District standards, as a result of the groundwater testing conducted or required by CVWD, shall cause a subsequent review of the greenhouse facility and operations by CVWD, in consultation with Planning & Development. All subsequent review costs shall be paid for by the applicant. If District standards continue to be exceeded, the applicant must implement a plan, approved by CVWD and the County, to modify its operations to address the nitrate loading. In addition, CVWD may take enforcement action, as applicable. Compliance with the requirements of this paragraph shall be imposed as a condition of approval of the Coastal Development Permit.

24.

Prior to approval of any project, the property owner must sign a written agreement with Santa Barbara County to remove greenhouse or greenhouse related development, or any portion thereof, if any component of the greenhouse development is abandoned (not in operation for 24 consecutive months). If, after 24 months of non-use for greenhouse purposes, greenhouse activities resume, such activities shall be continued without interruption for longer than 90 days within the subsequent one year period, or the facility shall be deemed abandoned and notice of such abandonment shall be served upon the landowner by the County. The property owner shall submit an application for demolition of the applicable development and restoration of agricultural lands suitable to ensure continued agricultural productivity. The removal shall occur within 180 days of issuance of a Coastal Development Permit for removal. Conversion of greenhouse development to non-agricultural uses shall not be considered in lieu of demolition or removal.

B.

In addition to the development standard requirements in Section 35-102F.9.A above, applications for a Development Plan or Conditional Use Permit for any greenhouse, greenhouse related development, packing and shipping facility, and/or hoop structure in the CA Overlay District shall meet the following development standards where applicable.

25.

The Traffic Management Plan shall consist of the following components:

a.

A focused traffic analysis that identifies truck size and the number of new peak hour trips the project will send to the Santa Monica/Via Real/U.S. Highway 101 northbound ramp interchange and the Linden Avenue/U.S. Highway 101 southbound ramp interchange.

b.

Preferred truck routes, with specific information given to drivers prior to entering the Carpinteria Valley.

c.

Information regarding approach and exit speeds, turning movements, hours of delivery, etc.

d.

Driveway access design shall ensure compliance with state and county sight distance requirements and safely accommodate truck maneuvers. Driveway access improvements shall not inhibit or diminish the effectiveness of required landscape mitigation. To the maximum extent feasible, the design and scale shall be consistent with the rural character of the area.

e.

Truck deliveries and employee parking shall be accommodated on site.

26.

New greenhouses, greenhouse related development and packing and shipping facilities contributing peak hour trips to the Santa Monica/Via Real/U.S. 101 northbound interchange and the Linden Avenue/U.S. 101 southbound off-ramp interchange shall pay a pro-rata contribution towards future interchange improvements.

No increase in greenhouses or greenhouse related development within the Carpinteria Valley shall result from divisions or redivisions of land, redesignations or rezonings of AG-I or AG-II, or other land uses, subsequent to the date of Commission action on LCP amendment STB-MAJ-2-02.

Footnotes:

--- ( 1 ) ---

In cases where the County Water Agency (CWA) does not maintain authority over the regulation of greenhouse development, policy references to the CWA denote that greenhouse development must be consistent with the water quality design standards adopted by the County Water Agency.

Section 35-102G. - CVC - Critical Viewshed Corridor Overlay District.

A.

Purpose and intent. The Critical Viewshed Corridor (CVC) overlay district is applied to property in the Gaviota Coast Plan area to provide enhanced protection to the critical coastal viewsheds of the Gaviota Coast from inappropriate development. The intent is to ensure that development is sited and/or screened in a manner that will reduce impacts to the public viewshed while allowing for reasonable development.

B.

Applicability. This overlay district is applied in the Gaviota Coast Plan area to the visually critical near-field viewsheds located to the north and south of Highway 101 as shown on the Gaviota Coast Plan Zoning Overlay map. All development within this overlay district is subject to the requirements of this overlay district except as provided below:

1.

Single agricultural structures with an individual gross floor area of less than 5,000 square feet are not subject to the requirements of this overlay zone provided:

a.

The existing cumulative structural development located on the lot that the structure is proposed to be located on does not exceed a footprint area of 10,000 square feet.

b.

The structure(s) complies with the following standards:

All exterior lighting is in compliance with the following:

a)

The lighting is required for safety purposes only.

b)

Light fixtures are fully shielded (full cutoff and are directed downward to minimize impacts to the rural nighttime character.

c)

Lighting is directed away from habitat areas and, to the extent feasible, nearby residences, public roads and other areas of public use.

2)

The structure uses building materials, earth tone colors, and non-reflective paints that are compatible with the surrounding natural environment to maximize the visual compatibility of the development with surrounding areas.

C.

Relationship to primary zone.

1.

Each land use and proposed development within the CVC overlay zone shall comply with all applicable requirements of the primary zone, in addition to the requirements of this Section.

2.

Development and land uses within the CVC overlay district shall comply with all applicable development standards of the County Code, the Local Coastal Program, the primary zone, and any other applicable overlay district. If conflicts occur between the requirements of this overlay and any other provision of the County Code, the Local Coastal Program, the primary zone, and any other applicable overlay district, the requirements that are most protective of coastal resources shall control.

D.

Permit and processing requirements.

1.

Design review required. Except for development that is exempt from the requirements of this overlay zone in compliance with Subsection B (Applicability), above, all structural development proposed on a lot located within the CVC overlay district shall require Design Review in compliance with Section 35-184 (Board of Architectural Review) prior to the issuance of a Coastal Development Permit in compliance with

Section 35-169 (Coastal Development Permits) or a Land Use Permit in compliance with Section 35-178 (Land Use Permits), or a Zoning Clearance in compliance with Section 35-179A (Zoning Clearances).

2.

Application requirements. An application for Board of Architectural Review shall be submitted in compliance with Section 35-57A (Application Preparation and Filing).

3.

Criteria for approval. The Board of Architectural Review may approve or conditionally approve the application only if it determines that the project conforms to the following standards:

a.

Screening. Development is screened to the maximum extent feasible as seen from public viewing places. Screening shall be achieved to the maximum extent feasible through adherence to the Site Design Hierarchy within the Gaviota Coast Plan Design Guidelines.

b.

Landscaping. Landscaping, not including any agricultural crop or orchard, when mature, does not obstruct public views of the mountains or the ocean.

c.

Ocean views. Development is sited and designed to preserve unobstructed broad views of the ocean from Highway 101, and is clustered to the maximum extent feasible.

d.

Structure height and scale.

1)

Except as provided in Subsection D.3.d.1)a) below, the height of any structure located south of Highway 101 does not exceed 15 feet unless an increase in height would facilitate clustering of development and result in greater view protection, or a height in excess of 15 feet would not impact public views to the ocean.

a)

In no case shall the height of any structure south of Highway 101 exceed:

i)

The height listed in this Article for the applicable zone district, or

ii)

25 feet if the structure is located in the Agriculture II (AG-II) zone district.

Visible portions of structures located on lots having unobstructed broad view of the ocean shall be designed so that any intrusions into the view of the ocean, as seen from public viewing areas, is minimized to the maximum extent feasible.

3)

The height and/or scale development is harmonious with the surrounding area.

4)

The appearance of the development is not undesirable or unsightly.

4.

Appeal. The action of the Board of Architectural Review may be appealed in compliance with Section 35182 (Appeals).

E.

Land use limitations.

1.

Greenhouses. Greenhouses are limited to 4,000 square feet per lot.

2.

Overhead electrical transmission and distribution lines. New overhead electrical transmission and distribution lines for non-agricultural development that are subject to regulation by the County are prohibited within the CVC overlay district.

Section 35-102H. - TCWO — Transportation Corridor Wetland Overlay District.

Section 35-102H.1 Purpose and Intent.

The purpose of the Transportation Corridor Wetland Overlay (TCWO) district is to provide specific standards of development for the Highway 101: Carpinteria to Santa Barbara project, Santa Claus Lane Bikeway project, Santa Claus Lane Beach Access and Streetscape Improvements project, and the additional projects identified in Coastal Land Use Policies 7-31 and 7-32 where appropriate. In doing so, this overlay provides a benefit to the general public welfare through increased coastal access and recreational opportunities while mitigating impacts to wetlands. The projects in the TCWO district may result in permanent or temporary direct wetland impacts (e.g., fill in wetlands) and indirect wetland impacts (e.g., development in wetland buffer strip). Specifically, the TCWO district establishes specific standards related to wetland impacts, wetland buffer strips, mitigation measures, drainage and stormwater management, and coastal access and recreation enhancements.

The projects, to which this Overlay applies, will achieve regional improvements to alternative transportation modes for the purposes of increasing access to coastal resources for all members of the public. The

projects consist of the following:

1.

The Highway 101: Carpinteria to Santa Barbara project will construct High Occupancy Vehicle (HOV) lanes along U.S. Highway 101 between the City of Carpinteria and the City of Santa Barbara, reconstruct the interchange at Sheffield Drive, replace several creek crossings, add sound walls, and implement a long-life paving surface with noise attenuating qualities. The Highway 101: Carpinteria to Santa Barbara project will be constructed in shoulder and median areas along the existing Highway 101 corridor. Wetlands are located in the southern portion of the project area, between the City of Carpinteria boundary and 0.2 miles north of Padaro Lane.

2.

The Santa Claus Lane Bikeway project is a Class I paved trail that will be located between the Highway 101 southbound lanes and the Union Pacific Railroad from Sand Point Road to Carpinteria Avenue. The project would connect to local bicycle and pedestrian networks on Santa Claus Lane and Carpinteria Avenue. Wetlands are located throughout the project area. Development of this trail would improve bicycle and pedestrian travel by providing a direct coastal route, enhancing bicycle safety, and completing a gap in the California Coastal Trail. This project shall be completed no later than the completion of the adjacent phase of construction for the Highway 101: Carpinteria to Santa Barbara project.

nue. Wetlands are located throughout the project area. Development of this trail would improve bicycle and pedestrian travel by providing a direct coastal route, enhancing bicycle safety, and completing a gap in the California Coastal Trail. This project shall be completed no later than the completion of the adjacent phase of construction for the Highway 101: Carpinteria to Santa Barbara project.

3.

The Santa Claus Lane Beach Access and Streetscape Improvements project is located within existing Caltrans and County right-of-ways, along Santa Claus Lane from Padaro Lane to Sand Point Road. This project would provide safe, legal, and single-point public access across the railroad to the beach. This project would also expand coastal access and enhance pedestrian and bicycle travel by completing a gap in the California Coastal Trail. Development of the project would include a pedestrian at-grade rail crossing, additional beach parking, public restrooms, trash/recycle bins, bike racks, bike lanes, crosswalks, sidewalks, traffic calming measures, and landscaping. There are wetlands located within the limits of the project. This project shall be completed and open to the public no later than the completion of the adjacent phase of construction for the Highway 101: Carpinteria to Santa Barbara project.

4.

The California Coastal Trail Signage project is a public awareness project located on Padaro Lane between the North Padaro Lane Interchange/Highway 101 and the South Padaro Lane Interchange/Highway 101. The project would raise awareness of the California Coastal Trail link with signage along Padaro Lane. This project shall be completed no later than the completion of the adjacent phase of construction for the Highway 101: Carpinteria to Santa Barbara project.

5.

The Vertical Beach Access Signage project is a public awareness project located at the existing vertical accessway on Padaro Lane. The project would raise awareness of existing public beach access with signage on Padaro Lane. This project shall be completed no later than the completion of the adjacent phase of construction for the Highway 101: Carpinteria to Santa Barbara project.

6.

The North Padaro Lane Interchange Sidewalk project is a public beach access project located between the Highway 101 southbound off-ramp at the North Padaro Lane Interchange to the entrance for the Loon Point Beach Parking Area on Padaro Lane. The project would complete a gap in the North Padaro Lane Interchange sidewalk that leads to a public beach. This project shall be completed and open to the public no later than the completion of the adjacent phase of construction for the Highway 101: Carpinteria to Santa Barbara project.

7.

The Restroom Facilities Installation at Loon Point Beach Parking Area is a facility improvement project located at Loon Point. The project would enhance the coastal access experience at this location. This project shall be completed and open to the public no later than the completion of the adjacent phase of construction for the Highway 101: Carpinteria to Santa Barbara project.

8.

Other coastal access improvements associated with the Highway 101: Carpinteria to Santa Barbara project (identified in Coastal Land Use Policy 7-32) are intended to provide alternative transportation modes, eliminate gaps for non-motorized travel, and enhance coastal access by establishing connectivity of the California Coastal Trail. Projects shall be completed and open to the public no later than the completion of the adjacent phase of construction for the Highway 101: Carpinteria to Santa Barbara project.

The TCWO shall apply only to the Highway 101: Carpinteria to Santa Barbara project and associated coastal access improvements identified in CLUP Policy 7-32, Santa Claus Lane Bikeway project, Santa Claus Lane Beach Access and Streetscape Improvements project, California Coastal Trail Signage project, Vertical Beach Access Signage project, North Padaro Lane Interchange Sidewalk project, and Restroom Facilities at the Loon Point Beach Parking Area, on property that is located within the Toro Canyon Area Zoning Overlay map and the Carpinteria Valley Coastal Plan Zoning Overlay map. The TCWO shall not apply to wetlands that the Director determines to be located outside of the TCWO.

The County shall provide comprehensive signage for all coastal public access improvements associated with the projects identified in Section 35-102H.1 above. Signage shall identify public parks, overlooks, parking areas, trails, and bicycle and pedestrian access ways to assist the public in locating and recognizing these coastal public access facilities. Where appropriate, signage shall include the California Coastal Trail logo, adequate safety information (e.g., road crossing signs and yield/warning signs on multiuse trail segments), and information on how to avoid adverse impacts to sensitive coastal resources when utilizing accessways. All signage shall be posted in English and in Spanish.

As used in this Section 35-102H, the following definitions apply to the area within the TCWO district:

Wetland Enhancement: Manipulation of the physical, chemical, or biological characteristics of a wetland to improve wetland function(s). Enhancement results in the gain of selected wetland function(s), but may also lead to a decline in other wetland function(s). Enhancement does not result in a gain in wetland area.

Wetland Establishment (Creation): Manipulation of the physical, chemical, or biological characteristics present to develop a wetland that did not previously exist at an upland site (Establishment should not displace sensitive habitat). Establishment results in a gain in wetland area and functions.

Wetland Restoration: Manipulation of the physical, chemical, or biological characteristics of a site with the goal of repairing or rehabilitating natural functions to a degraded wetland. Wetland restoration plans are informed by knowledge of the historical ecology of the area. Rehabilitation results in a gain in wetland function, and may or may not result in a gain in wetland area.

Section 35-102H.5 Development Standards.

All applicable Local Coastal Program policies and provisions shall apply to development within the TCWO, unless specifically modified by the standards detailed in this section.

All development for the Highway 101: Carpinteria to Santa Barbara project and associated coastal access improvements, Santa Claus Lane Bikeway project, Santa Claus Lane Beach Access and Streetscape Improvements project, California Coastal Trail Signage project, Vertical Beach Access Signage project, North Padaro Lane Interchange Sidewalk project, and installation of Restroom Facilities at the Loon Point Beach Parking Area shall comply with the following:

1.

Fill or other impacts to wetlands or reduction of wetland buffer strips resulting from new development listed in Section 35-102H.1 above, may be approved only in conformance with the following:

a.

New development shall be sited and designed to avoid fill or other impacts to wetlands. Impacts to wetlands that cannot be avoided through the implementation of siting and design alternatives shall be minimized to the maximum extent feasible and fully mitigated, with priority given to onsite mitigation. Offsite mitigation measures shall only be approved when it is not feasible to fully mitigate impacts onsite.

b.

New development shall be sited and designed to provide a minimum 100-foot wetland buffer strip in a natural condition along the upland limits of wetlands. If there is no feasible alternative that can provide a 100-foot wetland buffer strip, the alternative that can provide the widest buffer shall be selected, and impacts shall be minimized to the maximum extent feasible.

c.

Mitigation shall be provided for direct impacts to wetlands (e.g., fill in wetlands) and indirect impacts to wetlands (e.g., new development in wetland buffer strips). Mitigation measures shall include, at a minimum, wetland establishment (creation), wetland enhancement or wetland restoration of wetlands equal or similar to the impacted wetland type.

1)

Direct impacts to natural wetlands, including salt marsh, wetlands associated with creeks, and other highfunctioning wetlands, shall be mitigated through wetland establishment (creation) or wetland restoration at a ratio of 4:1.

2)

Direct impacts to created wetlands, such as low functioning wetlands associated with highway, roadway, and/or railroad infrastructure that have formed in ditches, basins, and Best Management Practices (BMP) features, shall be mitigated through wetland establishment (creation) or wetland restoration at a ratio of 3:1.

3)

Indirect impacts to wetlands, such as development in the wetland buffer strip, shall be mitigated through wetland restoration or wetland enhancement of all available portions of the remaining undeveloped 100foot wetland buffer strip of the impacted wetlands.

4)

Temporary direct and indirect impacts to wetlands shall be mitigated through the wetland restoration or wetland enhancement of temporary impact areas at a ratio of 1:1.

d.

Wetland enhancement, restoration or establishment (creation) plans shall be prepared by a qualified professional for all areas where mitigation is required by subsections 1.a., b and c, above. Plans shall include details of appropriate wetland enhancement, wetland restoration or wetland establishment acreage and location including the following:

1)

Introduction. A purpose statement, existing site resource description and inventory, proposed wetland mitigation site plan, and map comparing existing and future site conditions.

2)

Mitigation Goals. A clear statement of the wetland mitigation goals including the desired wetland habitat type(s), major vegetation components, water quality improvements, and wildlife support functions.

3)

Planting Plan. Description of the desired amount of particular wetland plant species in habitat type(s). Based on the mitigation goals, identify the species to be planted (plant "palette"), provide a rationale for and describe the size and number of container plants and/or the rate and method of seed application, and a site plan with planting location and planting guidelines for prescribed species. Plant material shall be collected locally, unless local plant stock is not readily available.

Grading Plan. A formal grading plan shall be included if wetland enhancement, wetland restoration or wetland establishment requires topographic alterations.

5)

Best Management Practices (BMPs). Erosion control, irrigation and weed eradication plans as necessary.

6)

Success Criteria. Selection and rationale of quantifiable success criteria. There must be an empirical basis for the selection of each success criterion (e.g., reference site data and peer-reviewed literature).

7)

Monitoring. A monitoring program that includes a detailed description of quantitative sampling design (e.g., sample sizes and sampling techniques such as quadrats, transects, photo plots), statistical procedures proposed for judging if success criteria are achieved, provisions for a five-year monitoring period, annual reporting and contingency measures should the mitigation efforts fail to achieve quantitative success criteria.

8)

Final Report. A final monitoring report prepared by a qualified professional that evaluates whether the required wetland enhancement, wetland restoration or wetland establishment has achieved the goals and success criteria set forth in the approved mitigation plan.

2.

For each project listed in Sections 35-102H.1 above, all of the following coastal water quality standards shall be met:

a.

Early site design planning shall emphasize Low Impact Development (LID) strategies and shall prioritize the minimization of runoff in accordance with the site hydrology and geotechnical considerations.

b.

Earthen- (soil) based and/or bioengineered BMPs may be located and maintained within the wetland buffer strip where there is no feasible alternative location available to locate the BMPs and where they support wetland protection.

c.

Additional measures such as grading to create topographic depressions that capture and detain runoff, amending onsite soils to increase infiltration, and adding or replacing native plants in areas that receive runoff may be located and maintained within the wetland buffer strip where there is no feasible alternative location available to locate the BMPs and where they support wetland protection.

d.

Infiltration BMPs shall be designed, at a minimum, to handle runoff in accordance with the most current National Pollutant Discharge Elimination System (NPDES) permit regulations.

e.

BMPs shall be sized according to the surface area draining to the BMP(s). Where it is infeasible to separate the project's runoff from any existing impervious area, LID strategies shall be used to the maximum extent practicable to treat the entire contributing area, consisting of the project and existing untreated impervious area.

f.

Where site conditions make it infeasible to infiltrate or treat the stipulated minimum volume of runoff onsite, infiltration or treatment offsite within existing right-of-way can be substituted where it can be demonstrated that offsite infiltration or treatment will result in an equal or greater benefit to coastal water quality, consistent with the Central Coast Regional Water Quality Control Board NPDES requirements.

g.

Stormwater measures shall use plant material that is collected locally, unless local plant stock is not reasonably available, and plant material information shall be submitted to the County for review and approval.

h.

A post-construction Stormwater Control Plan shall be submitted to the County and shall include maps, figures, supporting design calculations, and a narrative explaining the methods and approach proposed to protect or enhance coastal water quality. The plan shall include supporting information including but not limited to the infiltration and retention properties of the native or engineered BMP substrate, depth to groundwater, and the hydraulic design and pollutant treatment/removal capability of the proposed BMPs adequate to ensure that water quality will be protected to the maximum extent feasible.

i.

Where site or project conditions constrain any of the minimum requirements or practices in subsections a. through h. above, the qualified professional shall document the nature and extent of the limitations and justify the alternative measures proposed to protect or enhance water quality.

3.

To the extent allowed by Appendix C of Chapter 35, Article II, "County Guidelines on Repair and Maintenance and Utility Connection to Permitted Development," repair and maintenance of the projects listed in Section 35-102H.1 above are excluded from permit requirements. However, such exclusions shall not apply where such repair and maintenance would occur within wetland or riparian habitat or will cause direct impacts to wetlands.

DIVISION 6 - PARKING REGULATIONS

Section 35-103. - Purpose and Intent.

The purpose of this DIVISION is to assure the provisions and maintenance of safe, adequate, well-designed off-street parking facilities in conjunction with any use or development. The intent is to reduce street congestion and traffic hazards and to promote an attractive environment through design and landscaping standards for parking areas. The standards set forth in this DIVISION shall be considered minimums, and more extensive parking provisions may be required by the Planning Commission as a condition of project approval.

Section 35-104. - Applicability.

Unless otherwise provided in the specific, applicable zone district, the provisions of this DIVISION shall apply to the appropriate uses and development.

Section 35-105. - Maintenance of Parking Spaces.

No parking area or parking space provided for the purpose of complying with the provisions of this DIVISION shall thereafter be eliminated, reduced, or converted in any manner unless equivalent facilities approved by the County are provided elsewhere in conformity with this DIVISION. The permit for the use for which the parking was provided shall immediately become void upon the failure to observe the requirements of this section.

Section 35-106. - Recalculation of Parking Spaces Upon Change of Use.

Upon the change of any use, the number of parking spaces to be provided shall be calculated according to the requirements of this DIVISION for the new use. Any previous parking modifications granted by the Planning Commission, Zoning Administrator, or the Director shall be null and void.

(Amended by Ord. 4227, 06/18/1996)

Section 35-107. - Required Number of Spaces: General.

1.

The minimum number of parking spaces as required in the specific applicable zone district or specified in this DIVISION shall be provided and continuously maintained in conjunction with any use or development.

2.

For all development (other than single-family residential) which is subject to the requirements of a development plan, the Planning Commission shall determine if there is a need to provide for bicycle parking. If such a need exists, the Planning Commission shall then determine the required number of parking spaces, bike racks, and locking devices that shall be provided.

3.

For additions to existing developments, the increased parking requirement shall be based on the aggregate total of the floor area and/or number of employees of all existing and proposed buildings or structures on the property.

For the purposes of this section, gross floor area shall be the measure of square footage for a project; however, stairways and open, unenclosed corridors shall be excluded.

5.

Where the standards result in a fraction, the next larger whole number shall be the number of spaces required. In order to encourage efficient use of commercial parking space and good design practices, the total parking requirement for mixed uses or Conjunctive Uses shall be based on the number of spaces adequate to meet the various needs of the individual uses operating during the Peak Parking Period.

(Amended by Ord. 4086, 12/15/1992)

6.

Where the parking requirement for a use is not specifically defined in the applicable zone district or this DIVISION, the parking requirement shall be determined by the Director based upon the requirement for the most comparable use specified herein.

7.

Modifications to the parking requirements may be granted, pursuant to Section 35-142 (Accessory Dwelling Units), Section 35-144C.4 (Density Bonus for Affordable Housing Projects), Section 35-172.12 (Conditional Use Permits), Section 35-173 (Variances), Section 35-174.8 (Development Plans), or Section 35-179 (Modifications).

(Added by Ord. 4227, 06/18/1996)

Section 35-108. - Required Number of Spaces: Residential.

Parking spaces shall be permanently maintained on the same building site on which the dwelling(s) in located, except as provided in Section 35-76, Medium Density Student Residential, and Section 35-77, High Density Student Residential:

1.

Single family and two family dwellings: Two spaces per dwelling unit.

a.

Division 13 (Summerland Community Plan Overlay) and Division 16 (Montecito Community Plan Overlay District) include additional parking requirements.

(Added by Ord. 4887, 06/09/2016)

2.

Multiple Dwelling Units:

a.

Single bedroom or studio dwelling unit: One covered space per dwelling unit.

b.

Two bedroom dwelling: One covered space plus 0.5 spaces covered or uncovered per dwelling unit. Such spaces shall be located within 200 feet from the building served by such spaces.

c.

Three or more bedroom dwellings: One covered space plus one space covered or uncovered per dwelling unit, located as required in b), above.

d.

Developments located within a radius of one mile of the boundaries of a college or university shall provide a minimum of two parking spaces per dwelling unit, of which one shall be covered.

e.

Visitor parking: One space per five dwelling units.

3.

Guest houses: One space per guest house.

4.

Mobile homes in mobile home parks: One covered space per site and one space for every three sites for guest parking.

5.

Fraternities, sororities, dormitories, and boarding and lodging houses: One space per four bed spaces and one space per two employees.

6.

Retirement and special care homes: One space per guest and one space per two employees.

7.

Accessory dwelling units. As determined by Section 35-142 (Accessory Dwelling Units and Junior Accessory Dwelling Units).

8.

Junior accessory dwelling units. No new parking spaces required.

9.

Day Care Center. One space per 10 children/adults and one drop-off/loading space.

a.

A reduction in required parking may be allowed: (1) with the submittal of a parking study that sets forth substantial evidence to support a reduction in the required parking (e.g., the daycare center involves clients that do not have access to automobiles, the daycare center is located in proximity to a major transit stop, and/or sufficient parking already exists on or near the project site); and (2) subject to a Minor Conditional Use Permit granted at the discretion of the County decision-makers, Section 35-172.8 (Findings Required for Approval).

(Ord. No. 5168, § 16, 11-29-2022; Ord. No. 5194, § 21, 11-7-2023)

Section 35-109. - Required Number of Spaces: Miscellaneous Non-Residential.

1.

Churches, school auditoriums, college auditoriums, theaters, general auditoriums, stadiums, mortuaries, lodges, halls, and other places of general assembly:

a.

With fixed seats: One space per four fixed seats.

b.

Without fixed seats: One space per 30 square feet of auditorium floor space.

2.

Places of amusement without fixed seats such as dancehalls, skating rinks, etc.: One space per 300 square feet of assembly area

3.

Schools:

a.

Day school or Nursery school: One space for each two employees and one space for each 10 students.

b.

Elementary and Junior High: 1.5 spaces for each teaching station.

c.

High School: Six spaces for each teaching station.

d.

Colleges; art, craft, music or dancing schools; business, professional, or trade school: One space for each three employees and one space for each five students.

Library, museum, art gallery, or similar use: One space for each two employees.

5.

Day Care Center. One space per 10 children/adults and one drop-off/loading space.

a.

A reduction in required parking may be allowed: (1) with the submittal of a parking study that sets forth substantial evidence to support a reduction in the required parking (e.g., the daycare center involves clients that do not have access to automobiles, the daycare center is located in proximity to a major transit stop, and/or sufficient parking already exists on or near the project site); and (2) subject to a Minor Conditional Use Permit granted at the discretion of the County decision-makers, Section 35-172.8 (Findings Required for Approval).

(Ord. No. 5168, § 16, 11-29-2022)

Section 35-110. - Required Number of Spaces: Commercial.

1.

Hotels/motels: One space per guest room and one space per five employees.

2.

Restaurants, cafes, taverns, etc: One space per 300 square feet of space devoted to patrons and one space per two employees.

3.

Business and professional offices, such as banks, lawyers' offices, etc.: One space per 300 square feet of gross floor area.

4.

Retail business and general commercial: One space per 500 square feet of gross floor area.

5.

Furniture and appliance stores; heating, ventilating, and hardware stores; motor vehicle and machinery sales and service: One space per 1,000 square feet of gross floor area.

6.

Hospitals: One space per two beds and one space per three employees.

7.

Convalescent hospitals, sanitariums and rest homes: One space per three beds and one space per three employees.

Medical clinics, medical and dental offices: One space per 200 square feet of gross floor area.

Section 35-111. - Required Number of Spaces: Industrial.

1.

Research and development, manufacturing, and processing: One space per 1.5 employees, but in no case less than one space per 500 square feet of gross floor area.

2.

Wholesaling, warehousing, and storage facility: One space per 1,000 square feet of gross floor area and one space per four employees.

3.

Other industrial uses: One space per four employees.

Section 35-112. - Required Number of Spaces: Recreational Facilities.

1.

Tennis facility: 1.5 spaces per court.

2.

Racquetball facility: 1.5 spaces per court.

3.

Spectator seating: One space per five seats or one space per 35 square feet of seating area.

4.

Facilities such as spas, health facilities, and gyms: One space per 300 square feet of gross floor area.

5.

Public swimming pool: One space per 25 square feet of pool area.

Section 35-113. - Required Number of Spaces: Agriculture.

Commercial greenhouses, hothouses, or other plant protection structure: Two spaces per acre of land in such use.

Section 35-114. - Size, Location, and Design.

1.

Size:

(Amended by Ord. 4067, 08/18/1992)

a.

Residential parking spaces shall be 8.5 feet wide by 16.5 feet long.

b.

Non-residential parking spaces shall be nine feet wide by 16.5 feet long.

c.

Compact car spaces: 30 percent of the required parking for non-residential uses may be provided as compact car spaces. Compact car spaces shall have a size of eight by 14.5 feet.

2.

Location:

a.

Offstreet parking spaces shall not be located in the required front or side yard setback area unless specifically permitted in the applicable zone district regulations. Provisions shall be made for direct access from the street to each parking space. Such access shall be adequate for standard size automobiles unless the parking area is restricted to compact cars.

b.

For all types of dwellings, the required parking spaces shall be provided on the same site on which the dwelling(s) is located, unless specifically permitted in the applicable zone district regulations.

c.

For non-residential structures or uses, the required parking spaces shall be provided within 500 feet of the main building or site, if there is no main building, as measured along streets not alleys.

3.

Construction and Design:

a.

All parking areas shall be graded and drainage provided so as to dispose of all surface water without erosion, flooding, and other inconveniences or hazards.

b.

Uncovered parking areas and driveways shall be paved with a minimum of two inches of asphalt, concrete, masonry pavers, or equivalent, including pervious materials, on a suitable base.

(Amended by Ord. 4884, 09/08/2016)

c.

Parking spaces shall be marked and access lanes clearly defined. Bumpers and wheel stops shall be installed as necessary. Every stall designed to accommodate compact cars shall be clearly marked as a compact car stall.

(Amended by Ord. 4067, 08/18/1992)

d.

Except for residential uses within the 20-R-1 through 7-R-1, and 20-R-2 through 7-R-2 zone districts, parking areas shall be so designed that no vehicle shall be required to encroach into a street or sidewalk when backing out of a parking space.

(Amended by Ord. 3843, 93/20/1990)

e.

The design of parking areas shall not require the moving of any car to gain access to a required parking space unless the applicable zone district regulations specifically permit tandem parking.

f.

All parking areas serving uses operating at night shall be adequately lighted. Such lighting shall be so arranged as to direct the light away from adjoining residences.

g.

The design of parking spaces and the maneuvering space in connection therewith shall be in accordance with the requirements illustrated in the Parking Diagram, Figures 1, 2 and 3, and the Parking Table.

(Ord. No. 5194, § 22, 11-7-2023)

Section 35-115. - Landscape/Screening of Parking Areas.

Parking area includes the parking spaces and the maneuvering space necessary for use of such spaces.

1.

Where non-residential parking areas abut residentially zoned or developed property a wall or solid fence of not less than five feet in height shall be erected and maintained between the parking area and the adjoining residentially zoned or developed property.

(Amended by Ord. 4067, 08/18/1992)

2.

Where trees already exist on the property, the design of the parking area should make the best use of this growth and shade.

Screening shall be provided along each property line consisting of a five-foot wide strip, planted with sufficient shrubbery to effectively screen the parking area, or a solid fence or wall not less than four feet in height. Such fences or walls abutting streets shall be ornamental in texture, pattern, or shadow relief. Planting, fences, or walls abutting streets shall not exceed 30 inches in height for a distance of 25 feet on either side of entrances or exits to the property. This requirement for screening may be waived or modified by the Planning and Development Department if adjacent property already has provided a solid wall not less than four feet high.

(Amended by Ord. 3842, 03/20/1990)

4.

When the total uncovered parking area on the property (including adjoining parcels over which the property has parking privileges) exceeds 3,600 square feet, the following shall be required, in addition to other provisions of this section, as part of a landscape plan:

a.

Trees, shrubbery, and ground cover shall be provided at suitable intervals in order to break up the continuity of the parking area. Planting islands for such trees and shrubs shall be protected from automobile traffic by either asphalt or concrete curbs.

b.

All kinds of parking lanes shall have landscaped islands.

c.

Prior to the issuance of a Coastal Development Permit, performance securities, in amounts to be determined by the Planning and Development Department, to guarantee the installation of plantings, walls, and fences in accordance with the approved plan, and adequate maintenance of the planting for the designated time period shall be filed with the County. The performance security for installation will be released at the end of the designated time period provided the planting has been adequately maintained.

(Amended by Ord. 3842, 03/20/1990)

Section 35-116. - Off-Street Loading Facilities.

1.

For every building hereafter erected, which is to be occupied by manufacturing, storage, warehouse, retail store, wholesale store, market, hotel, hospital, mortuary, laundry, dry cleaning, or other uses similarly requiring the receipt or distribution by vehicles of materials and merchandise, off-street loading spaces shall be provided as follows:

a.

Commercial Uses:

3,000 or more square feet gross floor area: One loading space.

b.

Industrial Uses:

10,000 to 24,999 square feet gross floor area: One loading space.

25,000 to 49,000 square feet gross floor area: Two loading spaces.

For each additional 50,000 square feet or major fraction thereof: One loading space.

2.

Each loading space shall not be less than 10 feet in width, 30 feet in length, and with an overhead clearance of 14 feet.

3.

Such space may not be located in any part of any required front or side yard.

4.

Such space shall be so designed that it will not interfere with vehicular circulation or parking nor with pedestrian circulation.

Section 35-117. - Driveways.

1.

Width, Number, and Location. Unless otherwise provided in the specific, applicable zone districts, the width and number of driveways in relation to intersections, obstructions, other driveways, and property lines shall be as prescribed by Resolution No. 76-428 on Road Standards of the County Board of Supervisors or any subsequent resolution of the said Board regulating road standards.

2.

Driveway to Side or Rear Parking Areas. A driveway used for access to a parking area at the side or rear of a building shall not be less than 10 feet wide in clear distance between any obstruction to vehicular traffic.

3.

Special Requirements. Upon recommendation of the Public Works Department or the Director or upon their own initiative when considering any project, the Planning Commission may place special requirements on an individual building site that will have the effect of reducing or increasing the number or width of driveways or prescribing their location on the building site when the Commission determines that such special requirements either reduce or do not create traffic hazards or street parking problems. Such special requirements shall be final subject to appeal in compliance with Section 35-182 (Appeals).

(Amended by Ord. 4595, 03/05/2008)

Section 35-117A. - Additional Standards for Residential Zones and Uses.

(Added by Ord. 4811, 11/14/2013, Amended by Ord. 4884, 09/08/2016)

1. Exterior parking. The following standards apply to the keeping, parking, or storage (hereinafter referred to as "parked" or "parking" within the meaning of Section 35-117A of operative and inoperative motor vehicles and recreational vehicles outside of a fully enclosed or fully screened structure. A Coastal Development Permit in compliance with Section 35-169 (Coastal Development Permits) is not required to establish exterior parking except when 1) this Section requires a permit, or 2) the parking involves new development, construction of a new structure, or alteration of an existing structure that is not exempt from a Coastal Development Permit in compliance with Section 35-169 (Coastal Development Permits), or 3) the parking is not exempt from the requirement to obtain a Coastal Development Permit in compliance with Subsection 1.f, below, or Section 35-169 (Coastal Development Permits). However, other permits may be required in compliance with Chapter 17 (Solid Waste Services), Chapter 19 (Junk Yards and Dumps) and Chapter 23 (Motor Vehicles and Traffic) of the County Code. Nothing in this Section 35-117A shall be construed as preventing the enforcement or implementation of the provisions of Chapter 17 (Solid Waste Services), Chapter 19 (Junk Yards and Dumps) and Chapter 23 (Motor Vehicles and Traffic) of the County Code.

a.

Current registration or certificate of non-operation required. All motor vehicles and recreational vehicles parked on a lot outside of a fully enclosed or fully screened structure shall either:

1)

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; or,

2)

Have a current, unexpired certificate of non-operation or planned non-operation on file with the California Department of Motor Vehicles.

b.

Limitation on number.

1)

Not including the number of vehicles for which parking spaces are required to be provided in compliance with Section 35-108 (Required Number of Spaces: Residential), the exterior parking of operative motor vehicles and recreational vehicles is allowed provided that the number of such vehicles parked on a lot outside of a fully enclosed or fully screened structure does not exceed one per each bedroom located within the dwelling(s) on the lot.

a)

Parking allowed in compliance with this Subsection 1.b.1 may be located on driveways including portions of driveways located within a required front setback or side setback area provided:

i)

Any portion of a driveway on which parking occurs shall be paved with a minimum of two inches of asphalt, concrete, masonry pavers, or equivalent, including pervious materials, on a suitable base.

ii)

The width of any portion of a driveway located in a front setback area shall not exceed 50 percent of the adjacent street frontage for each front setback area except that a greater width may be allowed if necessary to comply with County or fire protection district regulations and, in all cases a driveway having a maximum width of 10 feet shall be allowed.

iii)

All parking located within a required front setback shall be located within one contiguous area for each street frontage.

2)

Additional parking allowed. In addition to exterior parking allowed in compliance with Subsection 1.b.1), above, the exterior parking of operative and inoperative motor vehicles and recreational vehicles that are registered with the California Department of Motor Vehicles to a person(s) residing on the lot on which the parking occurs outside of a fully enclosed or fully screened structure is allowed in compliance with the following standards.

a)

The number of vehicles and the area used for the parking of said vehicles shall be limited to the following maximum number and area based upon the lot area of the lot on which the vehicles are parked:

b)

Any area used for parking shall be located so that vehicles parked thereon are not visible from any public road or other area of public use (e.g., park, trail), or any adjoining lot.

1)

Structures or other devices used to comply with this requirement shall not include awnings, fabric shelters, tents, vehicle covers and similar structures or other devices of a nonpermanent type of construction.

c)

On lots having a net lot area of less than 20,000 square feet, vehicles shall not be parked in any area located between the front line of the lot and the principal dwelling.

c.

Additional standards for inoperative motor vehicles and recreational vehicles. The parking of inoperative motor vehicles and recreational vehicles outside of a fully enclosed or fully screened structure shall also comply with the following standards in addition to the standards listed in Subsections 1.a and 1.b, above:

1)

Vehicles shall not be parked on parking spaces required in compliance with Section 35-108 (Required Number of Spaces: Residential).

2)

Any area used for parking shall be designed and installed to prevent the discharge of pollutants onto adjacent lots and adjacent streets.

3)

Vehicles that are parked for a period in excess of 14 consecutive days without being moved under their own motive power shall be drained of gasoline, oil and other flammable liquids.

4)

The parking of inoperative motor vehicles regulated under Section 35-144K (Motor vehicle assembly, dismantling, maintenance, repair, restoration, etc.) shall also be in compliance with the requirements of that Section.

d.

Modifications to standards allowed with a Minor Conditional Use Permit. Parking of motor vehicles and recreational vehicles that does not comply with the standards contained in Subsections 1.a through 1.c, above, may be allowed in compliance with a Minor Conditional Use Permit approved in compliance with Section 35-172 (Conditional Use Permits).

e.

Noncompliance deemed a violation of this Development Code. As of [six months from the effective date of Ordinance No. 4811], the parking of motor vehicles and recreational vehicles that does not comply with the standards contained in Subsections 1.a through 1.c, above, or is not allowed by a Minor Conditional Use Permit approved in compliance with Section 35-172 (Conditional Use Permits) as allowed by Subsection 1.d, above, shall be considered a violation of this Article and subject to enforcement and penalties in compliance with Chapter 35-185 (Enforcement, Legal Procedures, and Penalties).

f.

Exterior parking does not require a Coastal Development Permit in compliance with Section 35-169

(Coastal Development Permits) if:

1)

The exterior parking will be located in an area that has been designated for parking or has been designated as a driveway pursuant to a Coastal Development Permit issued in compliance with Section 35-169 (Coastal Development Permits) or,

2)

The exterior parking will:

a)

Not be located within or adjacent to a wetland, stream, beach, environmentally sensitive habitat area, or on or within 300 feet of a coastal bluff; and

b)

Not result in any potential adverse effects to public access to the beach or public hiking and equestrian trails (including where there is substantial evidence of prescriptive rights); and

c)

Not result in significant adverse impacts to scenic views from beaches, parklands, public viewing areas and public roadways; and

d)

Not require any grading which involves the movement of more than 50 cubic yards of material and not result in any significant alteration of land forms; and

e)

Meets all other exemption criteria in compliance with Section 35-169.2.1.

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TABLE 6-1PARKING DIMENSIONS (All Dimensions in Feet)

ONE-WAY TRAFFIC

Angle

W1

W2

W3

W4

TWO-WAY TRAFFIC

Specifications for any parking angle not specifically enumerated can be determined by interpolation from the above tables.