§ 35-93

1.

No permits for new development, including grading or excavation, 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).

2.

Transportation-related development or structures necessary for the operation of railroads or highways in existence at the time of adoption of this ordinance shall not be deemed legal non-conforming uses. The purpose of this provision is to permit new development without requiring a Development Plan for existing public works or public utilities that will not be affected by the new development and to allow for repair of such existing facilities.

3.

Safety, signalization, barriers, and grade crossing devices installed for the purpose of improving the safe operation of railroads or highways shall be exempt from the permit requirements of this District.

1.

Railroad main, branch, and spur lines, as defined in Division 2 of this Article.

2.

Railroad sidings and turn-outs, used for the purpose of allowing safe passage of trains, switching of rail cars, or parking of trains.

3.

Accessory equipment and structures that are attendant to railway and roadway uses, such as bridges, underpasses, overpasses, tunnels and signalization.

4.

Freeways, highways, streets, and roads, including shoulders, turnouts, and interchanges.

5.

Rail and bus stops, including accessory facilities and structures for the purposes of loading and unloading passengers.

6.

Permanent inspection stations operated by governmental agencies.

7.

Roadside rest areas operated by governmental agencies.

8.

Permanent storage yards and structures for road or rail maintenance.

9.

Parking, including park and ride facilities.

10.

Permanent loading and shipping facilities.

11.

Railroad stations and terminals.

12.

Railroad switching and maintenance yards.

13.

Any other uses which the Planning Commission determines to be required for the purpose of operating a railroad or highway, pursuant to Section 35-179C (Use Determinations).

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

14.

Bikeways and recreational trails, and minor development that is ancillary to bikeways and trails such as picnic tables, garbage cans, and drinking fountains located along the route.

Section 35-93.4 Uses Permitted with a Major Conditional Use Permit.

1.

Greenhouses, hothouses, and other plant protection structures and related development, such as packing sheds, parking areas, driveways, etc., subject to the limitations provided in Section 35-68 (Agriculture I).

2.

Recreational development, provided that such development does not include commercial facilities open to the general public who are not using the recreational facility, and does not require an expansion of urban services which will increase pressure for conversion of nearby agricultural lands.

Aquaculture, subject to the provisions of Section 35-136 (General Regulations).

4.

Recycling facilities.

5.

Salvage facilities.

6.

Lumber yards.

7.

Those principal permitted uses in abutting zone districts.

Section 35-93.5 Uses Permitted with a Minor Conditional Use Permit.

1.

Open-field agricultural or horticultural crop cultivation, together with permanent storage facilities for agricultural machinery and equipment used for such production.

2.

Temporary loading and shipping facilities subject to a short-term lease of 45 days or less (or a longer period of time, if approved by the Zoning Administrator).

Section 35-93.6 Performance Standards.

1.

Permanent open storage of equipment and materials shall be permitted only in areas screened from view of surrounding lots and from public viewing places.

2.

All activities shall be conducted in such a manner so as not to be injurious to the health, safety, or welfare of persons residing or working in the vicinity by reason of danger to life or property.

3.

The County shall ensure the identification of feasible methods to provide alternative transportation for the efficient use of the U.S. Highway 101 transportation corridor to accommodate further local, regional, and statewide transportation needs. Prior to the approval of a Coastal Development Permit/Development Plan for major metropolitan transportation investment projects pursuant to Chapter 1 of Title 23 CFR, Part 450, dated October 28, 1993, including the addition, relocation, or widening of any lanes, or construction of highway interchanges along U.S. Highway 101, the County Planning Commission, or Board of Supervisors on appeal, shall find that such approval complies with either (a) or (b) below:

a)

The project is consistent with those portions of the Santa Barbara Association of Governments' Regional Transportation Plan that are applicable to the County's portion of the Coastal Zone and which (i) includes an alternative transportation mode study as described below, and (ii) has been incorporated by amendment into the County's certified Local Coastal Program.

b)

The project sponsor/applicant has completed an alternative transportation mode study to determine the type and extent of improvements needed to accommodate projected transportation levels. Such a study shall also evaluate the effectiveness and cost of alternative investments or strategies in attaining local, state and national goals and objectives. The study shall consider the costs of reasonable alternatives and such factors as mobility improvements; social, economic, and environmental effects; safety; operating efficiencies; land use and economic development; financing, and energy consumption, consistent with federal regulations (Chapter 1 of Title 23 CFR, Part 450, dated October 28, 1993). The study shall specifically investigate the feasibility of alternative transportation modes such as, but not limited to, lanes dedicated to public commuter vehicles or multiple rider vehicles; mass transportation systems such as rail service; or other means of increasing the efficient use of the transportation corridor. The study shall also investigate the feasibility of accommodating non-motorized traffic through the development of recreational trails or commuter bikeways as an integral part of the transportation corridor.

icated to public commuter vehicles or multiple rider vehicles; mass transportation systems such as rail service; or other means of increasing the efficient use of the transportation corridor. The study shall also investigate the feasibility of accommodating non-motorized traffic through the development of recreational trails or commuter bikeways as an integral part of the transportation corridor.

For purposes of satisfying the application filing requirements relative to this standard for a Coastal Development Permit/Development Plan, the scope of the alternative transportation modes study shall be developed jointly by the Santa Barbara County Planning and Development Department and the Santa Barbara County Association of Governments and shall be both proportionate and related to the scope of the proposed development. Further, the alternative transportation modes studies shall be coordinated with the cities within the Santa Barbara County Coastal Zone, and with the adjoining Counties of San Luis Obispo and Ventura. The informational requirements under this standard will be deemed to be met upon a determination by the Director of Planning and Development Department that the scope of work has been fulfilled through the completion of the alternative transportation modes study.

As an alternative to the above study, the Director of the Santa Barbara County Planning and Development Department may determine that the environmental review for a project on U.S. Highway 101, or any combination of existing studies, adequately satisfies this application filing requirement. In this instance, no further study shall be required, providing that the information upon which such environmental review or other studies is based is current. This determination shall be based on finding that the study/document(s) contain an adequate analysis of the plans, methods, and potential actions to implement feasible alternative transportation modes as described above.

The cost of complying with either (a) or (b) above shall be the responsibility of the project sponsor/applicant. The application for a Coastal Development Permit/Development Plan shall be deemed complete after this requirement is satisfied.

Section 35-93.7 Minimum Setbacks for Buildings and Structures.

Ten-foot setback shall be required from the property line, where property abuts another zone district, except for fences, walls and utility poles (subject to the height restrictions contained elsewhere in this Article), ingress and egress.

No building or structure shall exceed a height of 25 feet, except for bridges and associated equipment, and any structural clearance necessary to meet safety or other standards required by applicable state or federal laws.

Section 35-93.9 Parking.

As provided in DIVISION 6 - PARKING REGULATIONS.

Section 35-93.10 Landscaping/Screening.

1.

Landscaping shall be installed and maintained in accordance with the approved Final Development Plan, subject to the restriction that landscaping requirements shall not conflict with the safety and visibility requirements of Transportation Corridor uses. Uses permitted with a Major Conditional Use Permit shall also require an approved Landscape Plan equivalent to that required for a Final Development Plan. Applicant shall demonstrate that adequate provisions have been made for the permanent care and maintenance of plantations installed under these provisions.

2.

Drought-tolerant native species shall be utilized in Transportation Corridor landscape plans to the maximum extent feasible.

3.

To the maximum extent feasible, all development, including expansions of U.S. Highway 101, shall incorporate provisions for landscaping to preserve the scenic and visual amenities which exist along the affected transportation corridor, or to replace such landscaping with comparable scenic and visual amenities. To the extent feasible, the existing historic landscaping scheme shall be preserved and maintained.

Section 35-93A. - MT-TORO - Mountainous Area- Toro Canyon Planning Area.

Section 35-93A.1 Purpose and Intent.

The purpose of this district is to ensure protection of lands that are unsuited for intensive development and have one or more of the following characteristics:

1.

Slopes in excess of 40 percent.

Valleys surrounded by slopes exceeding 40 percent.

3.

Isolated table land surrounded by slopes exceeding 40 percent.

4.

Areas with outstanding resource values, such as environmentally sensitive habitat areas and watershed areas.

The intent is to allow limited development in these areas due to the presence of extreme fire hazards, minimum services, and/or environmental constraints and to encourage the preservation of these areas for uses such as watershed protection, scientific and educational study, and limited residential uses.

Section 35-93A.2 Processing.

No permits for development, including grading, shall be issued except in conformance with Section 35-169 (Coastal Development Permits).

Section 35-93A.3 Permitted Uses.

1.

One single-family dwelling per legal lot.

2.

One accessory dwelling unit 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.

One guest house subject to the provisions of Section 35-120 (General Regulations).

4.

The non-commercial keeping of animals and poultry.

5.

Cultivated agriculture, vineyard, or orchard when there is evidence of permitted or legal non-conforming use within the previous ten-year period.

6.

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

7.

Accessory uses, buildings and structures that are customarily incidental to the above uses.

8.

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

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

(Ord. No. 5194, § 20, 11-7-2023; Ord. No. 5204, § 26, 2-13-2024)

Section 35-93A.4 Uses Permitted with a Major Conditional Use Permit.

1.

Low intensity recreational uses such as summer camps, public riding stables, and hunting clubs.

2.

Campgrounds with minimum facilities not including accommodations for recreational vehicles.

3.

Limited facilities or developments for educational purposes or scientific research, e.g., water quality monitoring stations, access roads, storage facilities, etc.

4.

Resource dependent uses such as mining and quarrying.

5.

Onshore oil development, including exploratory and production wells, pipelines, separation facilities, and their accessory uses, subject to the requirements set forth in DIVISION 8, ENERGY FACILITIES.

6.

Accessory uses, buildings and structures which are customarily incidental to the above uses.

Section 35-93A.5 Uses Permitted with a Minor Conditional Use Permit.

1.

Artist's studio.

2.

New cultivated agriculture, vineyard or orchard use, when there is not evidence showing that it is a permitted or legal non-conforming use within the previous ten-year period.

3.

Accessory uses, buildings and structures which are customarily incidental to the above uses.

Section 35-93A.6 Findings Required for Conditional Use Permit.

In addition to the findings required for approval of a Conditional Use Permit in Section 35-172, no Conditional Use Permit shall be approved unless all of the following findings are made by the appropriate decision-maker:

1.

The project does not require extensive alteration of the topography.

2.

The project does not cause erosion, sedimentation, runoff, siltation, or an identified significant adverse impact to downstream water courses or water bodies.

3.

The project will not cause any significant adverse effect on environmentally sensitive habitat areas, plant species, or biological resources.

Section 35-93A.7 Minimum Application Submittal Requirements for Conditional Use Permit.

In addition to the contents of the application required for Conditional Use Permits under Section 35-172.6 no application shall be accepted for processing unless accompanied by the following submittals:

1.

A topographic map showing existing slopes, water courses, and types of vegetation on the property.

2.

The location and specifications of all existing and proposed roads, terraces, and structures.

3.

Application for new or expanded cultivation, orchard, or vineyard use shall include a Conservation/Grading Plan that:

a.

is reviewed and approved by the Resource Conservation District and meets all essential specifications as determined by the Soil Conservation Service.

b.

shows areas of 40 percent or greater slopes.

c.

contains a crop production and cultivation plan for all agricultural operations to be conducted on the site, a description of mechanized equipment to be used; and for orchards and vineyards, a post-approval

monitoring program.

Section 35-93A.8 Minimum Lot Size.

Each lot shall have a minimum gross lot area as indicated below for the symbol shown on the lot on the applicable Santa Barbara County Zoning Map.

A dwelling may be located upon a smaller lot if such lot is shown as a legal lot either on a recorded subdivision or parcel map or is a legal lot as evidenced by a recorded certificate of compliance, except for fraction lots.

Section 35-93A.9 Setbacks for Buildings and Structures.

50 feet from the centerline of any street and 20 feet from the lot lines of the lot of which the building or structure is located.

Section 35-93A.10 Height Limit.

No building or structure shall exceed a height of 25 feet.

Section 35-93A.11 Minimum Distance Required Between Buildings on the Same Building Site.

Five feet.

Section 35-93A.12 Parking.

As provided in DIVISION 6, PARKING REGULATIONS.

DIVISION 5 - OVERLAY DISTRICTS

Section 35-94. - SD - Site Design Overlay District.

Section 35-94.1 Purpose and Intent.

The purpose of this overlay district is to ensure well-planned divisions of large lots which are zoned for large lot single-family residential uses (i.e., 1-E-1, 3-E-1, EX-1, and RR) and to avoid piecemeal subdivision

of such lots which could result in resource degradation and the creation of lots which are unsuited for development. Therefore, it is the intent of this overlay district to provide conceptual review and consideration by the County of the ultimate division of a lot at the time any land division is proposed.

Section 35-94.2 Affect of SD Overlay District.

For land zoned SD, the regulations of the SD apply only to applications for land divisions and no division of such land shall be approved unless consistent with the regulations of the SD. Within the SD, minimum lot size, minimum lot width, uses permitted, and all other regulations of the base zone district are also applicable to the land.

Section 35-94.3 Processing.

1.

For land subject to the Site Design Overlay District, an application for any land division shall be accompanied by a site design plan showing the ultimate parcelization of the subject land unless the proposed land division is for the ultimate parcelization or such a site design plan has been previously approved for the land.

2.

In addition to the application requirements for the proposed land division required under County Subdivision regulations in Chapter 21 of this Code, subdividers shall submit a site design plan showing:

a.

The proposed lot lines of the ultimate lots.

b.

Contour lines.

c.

Proposed circulation patterns for the ultimate lots.

d.

Locations of significant existing vegetation and sensitive habitat areas, e.g., unusual species, native habitats, and riparian vegetation.

e.

Areas within the 100-year flood plain.

f.

Areas subject to geologic hazards.

g.

A general indication of the potential building sites.

h.

Other information may be deemed necessary for proper review and required depending on the particular circumstances and location of the lots.