§ 35-74

It is the purpose of this district to provide areas for residential development in a wide range of densities, housing types, and design, and to create open space within new residential developments. The intent is to ensure comprehensively planned and well-designed single family and multiple residential developments.

Section 35-74.2 Preliminary Development Plan to be Included in Application for Rezoning.

Unless the Planning Commission expressly waives the requirement, an application for a rezoning to this district shall include a Preliminary Development Plan as part of the application. Upon approval by the Board of Supervisors of the rezoning and Preliminary Development Plan, the Preliminary Development Plan may be incorporated into the rezoning ordinance.

Section 35-74.3 Processing.

No permits for development including grading shall be issued except in conformance with an approved Final Development Plan, as provided in Section 35-174 (Development Plans), and with Section 35-169 (Coastal Development Permits) except that development of one single-family dwelling on a single lot shall not require a Development Plan. Such single-family dwellings shall be subject to the processing and development requirements of the R-1/E-1 zoning district.

(Amended by Ord. 3959, 02/21/1992)

Section 35-74.4 Permitted Uses. (Amended by Ord. 3518, 06/03/1985; Ord. 4378, 11/16/1999)

1.

Single family, duplex, triplex, and multi-family dwelling units, including developments commonly known as row houses, town houses, condominiums, cluster, and community apartment projects.

2.

One or more accessory dwelling units and/or one junior accessory dwelling unit per legal lot when approved in compliance with Section 35-142 (Accessory Dwelling Units and Junior Accessory Dwelling Units).

3.

Parking lots, carports, and garages designed and used for individual units within the district and either adjacent to such units or centrally located to serve a group of units.

4.

Day care center, accessory to a non-dwelling use serving up to and including 50 children, subject to the provisions of Section 35-143 (Community Care Facilities).

5.

Golf courses.

6.

Public parks, public playgrounds, and community centers.

7.

Home occupations, subject to the provisions of Section 35-121 (General Regulations) and accessory to a residential use of the same lot.

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

8.

The keeping of animals accessory to a residential use located on the same lot and subject to the provisions of Section 35-419.12 (R-1/E-1, Animals).

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

9.

Greenhouses, hothouses, and other plant protection structures subject to all of the following:

(Added by Ord. 3959, 02/21/1992; amended by Ord. 4557, 12/07/2004)

a.

The structure is accessory to either a residential or agricultural use of the same lot.

b.

The structure shall not exceed a gross floor area of 300 square feet.

c.

The structure is used only for the propagation and cultivation of plants.

d.

No advertising sign, commercial display room, or sales stand is maintained on the same lot in connection therewith.

10.

Special Care Homes, subject to the provisions of Section 35-143 (Community Care Facilities).

(Added by Ord. 4378, 11/16/1999; amended by Ord. 5004, 12/14/2017)

11.

Transitional and Supportive Housing, subject to the provisions of Section 35-144V (Transitional and Supportive Housing).

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

12.

Uses, buildings, and structures accessory and customarily incidental to the above uses. When accessory to dwellings, said uses, buildings and structures shall be for the exclusive use of the residents of the premises and their guests and shall not involve the maintenance of a commercial enterprise on the premises.

(Added by Ord. 4378, 11/16/1999; amended by Ord. 4557, 12/07/2004)

(Ord. No. 5168, § 6, 11-29-2022; Ord. No. 5194, § 9, 11-7-2023; Ord. No. 5204, § 8, 2-13-2024)

Section 35-74.5 Uses Permitted With a Major Conditional Use Permit.

Dormitories, student housing facilities, residence halls, sororities, and fraternities located in an area where such facilities are to be used by students of a permitted educational institution.

2.

Commercial kennels.

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

Section 35-74.6 Uses Permitted With a Minor Conditional Use Permit.

1.

Dining commons, cafeterias, tobacco and magazine shops, book stores, bicycle rental and repair shops, and similar facilities accessory and incidental to developments permitted in paragraph 1. hereof, provided such uses are within the building and designed and used solely for the service and convenience of the residential development to which they are accessory and incidental.

2.

Day care center, serving children, accessory use to a dwelling, subject to the provisions of Section 35-143 (Community Care Facilities).

(Amended by Ord. 3518, 06/03/1985; Ord. 4067, 08/18/1992)

3.

Private kennels.

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

(Ord. No. 5168, § 6, 11-29-2022)

Section 35-74.7 Lot Size/Density.

The maximum density for each lot zoned DR shall be specified by a number following the DR on the lot on the applicable Santa Barbara County Zoning Map and said number represents the number of dwelling units per gross acre permitted on such lot, as follows:

Section 35-74.8 Setbacks for Buildings and Structures.

1.

Front: 20 feet from the right-of-way line and 50 feet from the centerline of any public street and 45 feet from the centerline of any private street.

2.

Side and Rear: One-half the height of the building or structure.

Section 35-74.9 Distance Between Buildings.

The minimum distance between buildings designed or used for human habitation and any other building on the same building site shall be five feet.

(Amended by Ord. 3839, 03/20/1990)

Section 35-74.10 Building Coverage.

Not to exceed 30 percent of the net area of the property shall be covered by buildings containing dwelling units.

Section 35-74.11 Height Limit.

No building or structure shall exceed a height of 35 feet.

Section. 35-74.12 Parking.

In addition to the requirements of DIVISION 6 - PARKING REGULATIONS, the following regulations shall apply:

1.

Parking Area Setbacks. Uncovered parking areas shall be located no closer than 15 feet to the street rightof-way line nor closer than five feet to any property line.

2.

Design.

a.

Parking areas shall be arranged so as to prevent through traffic to other parking areas.

b.

Uncovered parking areas shall be screened from the street and adjacent residences to a height of at least four feet with hedges, dense plantings, solid fences or walls.

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

Section 35-74.13 Open Space and Landscaping.

1.

Not less than 40 percent of the net area of the property shall be devoted to common and/or public open space.

2.

Any driveway or uncovered parking area shall be separated from property lines by a landscaped strip not less than five feet in width.

Title to the common open space, common recreational facilities, common parking areas, and private streets shall be held by a non-profit association of all homeowners within the project area, or any other non-profit individual or entity on such reasonable terms and conditions as the Board of Supervisor may prescribe. Said reasonable terms and conditions may include restricting the rights to develop such property to those uses described in the approved Final Development Plan for the project area. Preservation and maintenance of all common open space, common recreational facilities, common parking areas, and private streets shall be the obligation of the individual or entity holding title to said areas.

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

Section 35-75. - PRD - Planned Residential Development.

Section 35-75.1 Purpose and Intent.

It is the purpose of this district to ensure comprehensively planned development of large acreages within designated urban areas that are intended primarily for residential use. The intent of this district is to:

1.

Promote flexibility and innovative design of residential development to provide desirable aesthetic and efficient use of space and to preserve significant natural, scenic, and cultural resources of a site;

2.

Encourage clustering of structures to preserve a maximum amount of open space;

3.

Allow for a diversity of housing types; and,

4.

Provide recreational opportunities for use by both the residents of the site and the public.

Section 35-75.2 Preliminary Development Plan to be Included in Application for Rezoning.

Unless the Planning Commission expressly waives the requirement, an application for a rezoning to this district shall include a Preliminary Development Plan as part of the application. Upon approval by the Board of Supervisors of the rezoning and Preliminary Development Plan, the Preliminary Development Plan may be incorporated into the rezoning ordinance.

Section 35-75.3 Findings Required for Rezoning.

No property shall be rezoned to the PRD unless the Board of Supervisors shall first make the following findings:

That the property is of the type and character which is appropriate for a Planned Residential Development in accordance with the specific purpose and intent as set forth in Section 35.75.1.

2.

That the property is within a designated urban area as shown on the Coastal Land Use Plan Maps.

3.

That the property contains not less than 20 acres, all of which shall be included in the Preliminary Development Plan.

4.

That the overall estimated population density which will result upon full development of the property under the Planned Residential Development District in accordance with the Preliminary Development Plan is appropriate for such area and will not have a detrimental effect upon surrounding areas nor exceed the capacity of service and utility facilities in such surrounding areas.

5.

That the proposed development as shown on the Preliminary Development Plan is in conformance with the applicable policies of the Coastal Land Use Plan and Coastal Zoning Ordinance.

Section 35-75.4 Processing.

No permits for development including grading shall be issued except in conformance with an approved Final Development Plan, as provided in Section 35-174 (Development Plans), and with Section 35-169 (Coastal Development Permits).

In addition to the other information required under Section 35-174.3 (Development Plans), the following information must be filed with a Preliminary or Final Development Plan application.

1.

Relationship of project to surrounding land uses.

2.

A copy of the proposed Covenants, Conditions, and Restriction's (CC&R's) including provisions for maintenance of open space, facilities, and services in the project site.

Section 35-75.5 Specific Plans.

For those areas requiring a Specific Plan, as set forth in the Coastal Land Use Plan, a Specific Plan shall be filed and approved prior to the submittal of a Preliminary Development Plan. The Director of Planning and Development shall waive the requirement for the Preliminary Development Plan if it is found that the approved Specific Plan provides the same information as required for a Preliminary Development Plan. All Development Plans shall be in conformance with the Specific Plan for the project area.

Section 35-75.6 Findings Required for Approval of Development Plans.

In addition to the findings for Development Plans set forth in Section 35-174.7 (Development Plans), no Preliminary or Final Development Plan shall be approved for property zoned or to be rezoned to PRD unless all the following findings are made:

1.

That the density and type of the proposed development is in conformance with the PRD District and applicable Coastal Land Use Plan policies.

2.

That adequate provisions have been made within the proposed CC&Rs to establish permanent care and maintenance of public and common open spaces and recreational areas and facilities.

3.

That the buildings and structures are clustered to the maximum extent feasible to provide the maximum amount of contiguous open space.

Section 35-75.7 Permitted Uses.

1.

Residential units, either attached or detached, including single family dwellings, duplexes, row houses, town houses, apartments, and condominiums.

2.

One or more accessory dwelling units and/or one junior accessory dwelling unit per legal lot when approved in compliance with Section 35-142 (Accessory Dwelling Units and Junior Accessory Dwelling Units).

3.

Recreational facilities, including but not limited to tennis courts, swimming pools, playgrounds, and parks for the private use of the residents of the development, provided such facilities are not operated for remuneration.

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

4.

Laundromat, meeting rooms, for use by residents of the development.

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

5.

Where required by the Coastal Land Use Plan, resort visitor-serving facilities.

Home Occupations, subject to the provisions of Section 35-121 (General Regulations).

(Amended by Ord. 3836, 03/20/1990)

7.

Day care center, accessory to a non-dwelling use serving up to and including 50 children, subject to the provisions of Section 35-143 (Community Care Facilities).

8.

Special Care Homes, subject to the provisions of Section 35-143 (Community Care Facilities).

(Added by Ord. 4378, 11/16/1999; Amended by Ord. 5004, 12/14/2017)

9.

Transitional and Supportive Housing, subject to the provisions of Section 35-144V (Transitional and Supportive Housing).

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

10.

The keeping of household pets accessory to a residential use of a dwelling located on the lot on which the animal keeping occurs provided that:

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

a.

There shall not be more than three dogs permitted on any one lot.

b.

Such animals are for the domestic use of the residents of the lot only and are not kept for commercial purposes.

c.

The keeping of such animals is not injurious to the health, safety or welfare of the neighborhood and does not create offensive noise or odor as determined by the Director after advice from the Animal Services Division of the County Public Health Department.

d.

Enclosures for such small animals shall be no closer than 25 feet to any dwelling located on another lot.

e.

No rooster or peacock shall be kept or raised on the lot.

11.

Uses, buildings, and structures accessory and customarily incidental to the above uses.

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

(Ord. No. 5168, § 7, 11-29-2022; Ord. No. 5194, § 10, 11-7-2023; Ord. No. 5204, § 9, 2-13-2024)

Section 35-75.8 Uses Permitted With a Major Conditional Use Permit.

The following uses may be permitted in developments of 200 dwelling units or more, subject to the issuance of a Major Conditional Use Permit as provided in Section 35-172 (Conditional Use Permits).

1.

Commercial recreational facilities provided that such facilities are compatible with residential use, i.e., racquet ball courts, swim or tennis clubs, etc.

2.

Visitor-serving commercial facilities, i.e., a motel or restaurant, provided that the County shall proportionally reduce residential density otherwise permitted to accommodate facilities that provide overnight lodging.

3.

Convenience establishments of a commercial and service nature serving such day to day needs of residents in the immediate area as food, drugs, gasoline, and other incidentals. Such convenience establishments shall be an integral part of the development, providing services related to the needs of the residents, and collectively occupying no more than two acres. These convenience establishments shall not by reason of their location, construction, manner or timing of operations, signs, lighting, parking arrangements, or other characteristics have adverse effects on residential uses within or adjoining the development or create traffic congestion or hazards to vehicular or pedestrian traffic.

Section 35-75.9 Requirements of Coastal Land Use Plan.

Additional site specific requirements for property designated for Planned Development, PD, on Coastal Land Use Plan Maps are set forth in the text of the Coastal Land Use Plan.

Section 35-75.10 Lot Size/Density.

No minimum lot size. The maximum density for each property zoned PRD is specified in the Coastal Land Use Plan. The total number of dwelling units shall not exceed the density specified.

Section 35-75.11 Setbacks.

There are no standard setback requirements provided in this district. Use of standard zoning methods generally employed throughout the unincorporated area of the County of Santa Barbara does not give adequate means by which the County can accomplish the results desired in this district.

Setbacks shall be proposed and approved on the Preliminary and Final Development Plans in order to protect and preserve property values of the site and adjacent properties, ensure compatibility of different uses, avoid nuisances, and advance the general welfare within the PRD District. In addition, siting of structures shall be based on the following factors: privacy, light and air, solar exposure, building configuration, and aesthetics.

Section 35-75.12 Building Coverage.

Not more than 30 percent of the net area of the property shall be covered by buildings containing dwelling units and in no case shall the total building coverage exceed 50 percent of the net area of the property.

Section 35-75.13 Height Limit.

No building or structure shall exceed a height of 35 feet.

Section 35-75.14 Parking.

In addition to the requirements of DIVISION 6 - PARKING REGULATIONS, the following regulations shall apply:

Design.

a.

Parking areas shall be arranged so as to prevent through traffic to other parking areas.

b.

Uncovered parking areas shall be screened from the street and adjacent residences to a height of at least four feet with hedges, dense plantings, solid fences or walls.

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

Section 35-75.15 Streets.

Streets may be public or private; however, all private streets shall be required to be constructed to County standards and adequate provisions shall be made in the CC&R's to ensure maintenance of private streets. The standards for any on-site improvements (streets, walks, drainage, and utilities) may be modified for a planned residential development by the County upon recommendation from the Transportation or Planning and Development Departments. Street design shall relate to the function of the street and, particularly in hillside areas, where no on-street parking is necessary or permitted, street widths may be reduced. Innovation in street and walkway design, use of cul-de-sacs and loop streets, and reduction of grading for streets is encouraged. Vehicular access to individual lots or units shall generally be only from project streets.

Section 35-75.16 Open Space.

Amount. The County shall specify the required amount of public and common (private) open space in a planned residential development at the time of approval of the Preliminary Development Plan but in no case shall the total amount of public and common open space be less than 40 percent of the gross acreage. Determination of the appropriate amount of public and common open space shall be based on consideration of the following factors: (a) the need to protect for public use areas historically used by the public such as beaches and trails, (b) the avoidance of siting of structures in hazardous areas or on steep slopes, and (c) the protection of environmentally sensitive habitat areas and archaeological sites. Lands to be preserved as open space may be dedicated in fee to the County of Santa Barbara or other public agency or may remain in private ownership with dedication of only appropriate scenic and/or open space easements. For lands counted as public open space that remain in private ownership, the County shall require granting of an easement guaranteeing the public's right of access and use of such open space.

2.

Maintenance of Public Open Space. The County may require the applicant to maintain all public open spaces and related facilities for a specified period after occupancy of the planned residential development or may require payment of an in-lieu fee if the County maintains the public open space and related facilities. If applicant is to maintain public open spaces, prior to the issuance of any permits for construction, a bond or other approved security shall be posted guaranteeing such maintenance.

3.

Maintenance of Common Open Space. The common open space shall be deeded to the Homeowners' Association and held in undivided ownership by the owners of the planned residential development. Preservation and maintenance of all common open space and communal recreational facilities shall be guaranteed by a restrictive covenant describing the open space and its maintenance and improvements and running with the land as described in the approved Final Development Plan.

Section 35-75.17 Landscaping.

Landscaping shall be installed and maintained in accordance with the approved Final Development Plan.

Along each side or rear yard of the PRD District abutting property zoned other than PRD an adequate buffer consisting of fencing, walls, plant materials, or any combination thereof shall be installed and maintained to protect adjacent properties from impacts of noise or lighting and to provide separation between different uses. Such buffer shall be depicted on the Preliminary and Final Development Plan.

Section 35-75.18 Homeowners' Association.

At the time of submittal of the Preliminary Development Plan, the applicant shall file a description of the proposed organization of the Homeowners' Association including conditions, covenants, and restrictions that will govern the Association. Such description shall be reviewed by County Counsel who shall make a recommendation to the Planning Commission. Required provisions shall include but are not limited to the following:

1.

The Homeowners' Association shall be established before the homes are sold.

Membership shall be mandatory for each homebuyer and any successive buyer.

3.

The Association shall be responsible for liability insurance, property taxes, and maintenance of common open space and recreational and other common facilities.

4.

Homeowners shall pay their pro rata share of all costs of the Association and the assessment levied by the Association can become a lien on the property.

5.

The Association shall be able to adjust the assessment to meet changed needs.

Section 35-76. - SR-M - Medium Density Student Residential.

Section 35-76.1 Purpose and Intent.

The purpose of this district is to provide for residential development which is unique to a student-oriented community. The intent is to provide for multiple residential development at moderate densities to mitigate potential adverse impacts on traffic, parking, open space, aesthetics, health, and safety and to encourage combining substandard lots to allow for a more efficient utilization of space.

Section 35-76.2 Preliminary Development Plan to be Included in Application for Rezoning.

Unless the Planning Commission expressly waives the requirement, an application for a rezoning to this district shall include a Preliminary or Final Development Plan as part of the application. Upon approval by the Board of Supervisors of the rezoning and Preliminary or Final Development Plan, the Preliminary or Final Development Plan may be incorporated into the rezoning ordinance.

Section 35-76.3 Processing.

No permits for development including grading shall be issued except in conformance with an approved Final Development Plan, as provided in Section 35-174 (Development Plans), and with Section 35-169 (Coastal Development Permits) with the exclusion of single-family and duplex dwelling units.

Section 35-76.4 Permitted Uses.

1.

One single family dwelling unit, one two-family dwelling or multi-unit dwellings.

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

2.

One or more accessory dwelling units and/or one junior accessory dwelling unit per legal lot when approved in compliance with Section 35-142 (Accessory Dwelling Units and Junior Accessory Dwelling Units).

3.

Transitional and Supportive Housing, subject to the provisions of Section 35-144V (Transitional and Supportive Housing).

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

4.

Parking lots, carports, and garages designed and used for individual units within the development and either adjacent to such units or centrally located to serve a group of units. The required parking may be located on lots within 500 feet of the lot containing the development requiring such parking, subject to conditions which will insure permanent maintenance of such parking spaces so long as the development exists.

5.

Accessory uses, buildings, and structures which are incidental, and subordinate to, permitted uses and not involving the maintenance of a commercial enterprise on the premises.

6.

Public parks, public playgrounds, and community centers.

7.

Home occupations, subject to the provisions of Section 35-121 (General Regulations).

8.

Orchard, truck and flower gardens, and the raising of field crops, provided there is no sale on the property of the products produced.

9.

Greenhouses, hothouses, and other plant protection structures not exceeding 300 square feet, used only for the propagation and cultivation of plants, provided no advertising sign, commercial display room, or sales stand is maintained in connection therewith.

10.

Day care center, accessory to a non-dwelling use serving up to and including 50 children, subject to the provisions of Section 35-143 (Community Care Facilities).

(Ord. No. 5168, § 8, 11-29-2022; Ord. No. 5194, § 11, 11-7-2023; Ord. No. 5204, § 10, 2-13-2024)

Section 35-76.5 Use Permitted With a Minor Conditional Use Permit.

1.

Day care center, serving children, accessory use to a dwelling, subject to the provisions of Section 35-143 (Community Care Facilities).

2.

Commercial parking lot for residential land uses.

3.

Greenhouses, hothouses, and other plant protection structures in excess of 300 square feet but in no case shall such structures exceed an area of 800 square feet.

4.

Meeting room, in excess of allowable bedrooms, for non-profit organizations, including fraternities and sororities.

(Ord. No. 5168, § 8, 11-29-2022)

Section 35-76.6 Lot Size/Density.

1.

The maximum density for each lot zoned SR-M shall be specified by a number following the SR-M on the lot on the applicable Santa Barbara County Zoning Map and said number represents the maximum number of dwelling units per gross acre permitted on such lot, as follows:

2.

The proposed development shall be located upon a lot having a minimum net lot width of 65 feet and a minimum net lot area of 7,000 square feet.

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

3.

A building or structure may be located upon a smaller lot if such lot, either:

a.

Is eligible for a Certificate of Compliance, or a Conditional Certificate of Compliance with all conditions satisfied, and such lot was, at the time of its creation, in conformity with the zoning ordinance then in existence, except for fraction lots; or

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

b.

Was approved under provisions of the State Subdivision Map Act and/or local ordinances adopted pursuant thereto.

4.

For lots which have 100 feet or more of street frontage, buildings shall be sited in such a manner so as to avoid a continuous stretch of building along the street frontage by clustering the buildings on one side of the lot, breaking up the development into more than one building, or through other architectural design features to reduce the visual impact of the building(s).