Section 35-59. - General.

The policies in this DIVISION 3 are part of the Santa Barbara County Coastal Land Use Plan (LUP) and hereby incorporated into this Article. These policies shall serve as development standards for all developments subject to the provisions of this Article. Where compliance with only the objective standards of this Local Coastal Program is required under state housing law for a proposed multi-unit or mixed-use housing development project and where an applicable coastal resource protection policy or provision of this Local Coastal Program contains objective and subjective components, the objective portion(s) shall apply such that adverse impacts to coastal resources shall be avoided. Within three years of [DATE OF ORDINANCE EFFECTIVE DATE], the County will apply for a Local Coastal Program amendment to incorporate coastal resource protection and hazard minimization development standards that are objective standards to ensure that qualifying projects subject to only the objective standards of this Local Coastal Program under state housing laws are consistent with the Coastal Act. The Local Coastal Program amendment to incorporate such standards shall be developed in coordination with Coastal Commission staff.

1.

In areas designated as rural, except rural neighborhoods, on the Land Use Plan maps, the height, scale, and design of structures shall be compatible with the character of the surrounding natural environment, except where technical requirements dictate otherwise. Structures shall be subordinate in appearance to natural landforms; shall be designed to follow the natural contours of the landscape; and shall be sited so as not to intrude into the skyline as seen from public viewing places.

2.

In areas designated as urban and rural neighborhoods on the Land Use Plan maps, new structures shall be in conformance with the scale and character of the existing community. Clustered development, varied circulation patterns, and diverse housing types shall be encouraged.

3.

The densities specified in the Land Use Plan are maximums and shall be reduced if it is determined that such reduction is warranted by conditions specifically applicable to a site, such as topography, geologic or flood hazards, habitat areas, or steep slopes. However, densities may be increased for affordable housing projects provided such projects are found consistent with all applicable policies and provisions of the local Coastal Program. (Amended by Ord. 4169, 10/11/1994)

4.

In no case shall above-ground structures, except for necessary utility lines and fences for agricultural purposes, be sited on undisturbed slopes exceeding 40 percent.

(Ord. No. 5204, § 35, 2-13-2024)

Section 35-60. - Water and Other Public Services.

1.

The long-term integrity of groundwater basins or sub-basins located wholly within the coastal zone shall be protected. To this end, the safe yield as determined by competent hydrologic evidence of such a groundwater basin or sub-basin shall not be exceeded except on a temporary basis as part of a conjunctive use or other program managed by the appropriate water district. If the safe yield of a groundwater basin or sub-basin is found to be exceeded for reasons other than a conjunctive use program, new development, including land division and any other use dependent upon private wells, shall not be permitted if the net increase in water demand for the development causes basin safe yield to be exceeded, but in no case shall any existing lawful parcel be denied development of one single family residence. This policy shall not apply to appropriators or overlying property owners who wish to develop their property using water to which they are legally entitled pursuant to an adjudication of their water rights.

2.

In the furtherance of better water management, the County may require applicants to install meters on private wells and to maintain records of well extractions for use by the appropriate water district.

3.

Within designated urban areas, new development other than that for agricultural purposes shall be serviced by the appropriate public sewer and water district or an existing mutual water company, if such service is available.

4.

Water-conserving devices shall be used in all new development.

5.

Prior to issuance of a Coastal Development Permit, the County shall make the finding, based on information provided by environmental documents, staff analysis, and/or the applicant, that adequate public or private services and resources (i.e., water, sewer, roads, etc.) are available to serve the proposed development. The applicant shall assume full responsibility for costs incurred in service extensions or improvements that are required as a result of the proposed project. Lack of available public or private services or resources shall be grounds for denial of the project or reduction in the density otherwise indicated on the Land Use Plan or zoning maps. Where affordable housing projects proposed pursuant to the Affordable Housing Overlay regulation, special needs housing projects or other affordable housing projects which include at least 50 percent of the total number of units for affordable housing or 30 percent of the total number of units affordable at the very low income level are to be served by entities that require can-and-will-serve letters, such projects shall be presumed to be consistent with the water and sewer service requirements of this Section if the projects have, or are conditioned to obtain, all necessary canand-will-serve letters at the time of final map recordation, or if no map, prior to issuance of land use permits. (Amended by Ord. 4169, 10/11/1994)

Section 35-61. - Beach Development.

To avoid the need for future protective devices that could impact sand movement and supply, no permanent above-ground structures shall be permitted on the dry sandy beach except facilities necessary for public health and safety, such as lifeguard towers, or where such restriction would cause the inverse condemnation of the lot by the County.

2.

For all new development between the first public road and the ocean, granting of an easement to allow vertical access to the mean high tide line shall be mandatory unless:

a.

Another more suitable public access corridor is available or proposed by the Land Use Plan within a reasonable distance of the site measured along the shoreline, or

b.

Access at the site would result in unmitigable adverse impacts on areas designated as "Habitat Areas" by the Land Use Plan, or

c.

Findings are made, consistent with Public Resources Code Section 30212 of the Coastal Act, that access is inconsistent with public safety or military security needs, or that agriculture would be adversely affected, or

d.

The lot is too narrow to allow for an adequate vertical access corridor without adversely affecting the privacy of the property owner. In no case, however, shall development interfere with the public right of access to the sea where acquired through use unless an equivalent access to the same beach area is guaranteed. The County may also require the applicant to improve the access corridor and provide bike racks, signs, parking, etc. This policy shall not apply to development excluded from the public access requirements of the Coastal Act by Public Resources Code Section 30212 or to development incidental to an existing use on the site.

3.

For all new development between the first public road and the ocean, granting of lateral easements to allow for public access along the shoreline shall be mandatory. In coastal areas, where the bluffs exceed five feet in height, the lateral easement shall include all beach seaward of the base of the bluff. In coastal areas where the bluffs are less than five feet, the area of the easement to be granted shall be determined by the County based on findings reflecting historic use, existing and future public recreational needs and coastal resource protection. At a minimum, the lateral easement shall be adequate to allow for lateral access during periods of high tide. In no case shall the lateral easement be required to be closer than 10 feet to a residential structure. In addition, all fences, no trespassing signs, and other obstructions that may limit public lateral access shall be removed as a condition of development approval. This policy shall not apply

to development excluded from the public access requirements of the Coastal Act by Public Resources Code Section 30212 or to development incidental to an existing use on the site.

Section 35-62. - Recreation and Visitor Serving Uses.

1.

Recreational uses on oceanfront lands, both public and private, that do not require extensive alteration of the natural environment (i.e., tent campgrounds) shall have priority over uses requiring substantial alteration (i.e., recreational vehicle campgrounds).

2.

Visitor-serving commercial recreational development that involves construction of major facilities, i.e., motels, hotels, restaurants, should be located within urban areas, and should not change the character or impact residential areas.

3.

Visitor-serving commercial recreational development in rural areas should be limited to low intensity uses, i.e., campgrounds, that are designed to protect and enhance visual resources, and minimize impacts on topography, habitats, and water resources.

4.

Visitor-serving facilities shall be permitted in rural areas only if it is determined that approval of such development will not result in a need for major ancillary facilities on nearby lands, i.e., residences, stores, or gas stations.

Section 35-63. - Coastal Trails.

Easements for trails shown on the Santa Barbara County Comprehensive Plan Parks, Recreation and Trails (non-motorized) maps, shall be required as a condition of project approval for that portion of the trail crossing the lot upon which the project is proposed.

Section 35-64. - Agricultural Lands.

1.

If a lot is zoned for agricultural use and is located in a rural area not contiguous with the urban/rural boundary, rezoning to a non-agricultural zone district shall not be permitted unless such conversion of the entire lot would allow for another priority use under the Coastal Act, e.g., coastal dependent industry, recreation and access, or protection of an environmentally sensitive habitat. Such conversion shall not be in conflict with contiguous agricultural operations in the area, and shall be consistent with Public Resources Code Sections 30241 and 30242 of the Coastal Act.

2.

If a lot is zoned for agricultural use and is located in a rural area contiguous with the urban/rural boundary, rezoning to a non-agricultural zone district shall not be permitted unless:

a.

The agricultural use of the land is severely impaired because of physical factors (e.g., high water table), topographical constraints, or urban conflicts (e.g., surrounded by urban uses which inhibit production or make it impossible to qualify for agricultural preserve status), and

b.

Conversion would contribute to the logical completion of an existing urban neighborhood, and

c.

There are no alternative areas appropriate for infilling within the urban area or there are no other lots along the urban periphery where the agricultural potential is more severely restricted.

Section 35-65. - Archaeology.

1.

When developments are proposed for lots where archaeological or other cultural sites are located, project design shall be required which avoids impacts to such cultural sites if possible.

2.

When sufficient planning flexibility does not permit avoiding construction on archaeological or other types of cultural sites, adequate mitigation shall be required. Mitigation shall be designed in accord with guidelines of the State Office of Historic Preservation and the State of California Native American Heritage Commission.

3.

Native Americans shall be consulted when development proposals are submitted which impact significant archaeological or cultural sites.

Section 35-66. - Gaviota Coast Plan Area.

1.

Coastal views. Development of recreational facilities shall conform with the visual policies of the Gaviota Coast Plan that are designed to minimize grading, removal of vegetation, and paving, and shall be compatible with the rural character of the area. Existing natural features shall remain undisturbed to the maximum extent possible, and landscaping shall consist of native drought-tolerant species.

2.

Campground Development. Campgrounds and ancillary facilities sited south of U. S. Highway 101 shall be set back as far as feasible from the beach in order to reserve near-shore areas for day use, except for trails and public accessways that facilitate coastal public access to the beach. New recreational facility development, particularly campgrounds and parking lots, shall be sited in appropriate locations to facilitate coastal public access and recreation, in consideration of site constraints.

3.

The vegetation in the small canyons at the mouths of Canada San Onofre and Canada del Molino streams shall not be disturbed by recreational development or use.

4.

Campground Use Priority. Since existing State parks in the Gaviota area already provide extensive facilities for recreational vehicle camping, future development shall be encouraged to prioritize low-intensity campgrounds or day use.

Section 35-67. - Bluff Development.

1.

In areas of new development, above-ground structures shall be set back a sufficient distance from the bluff edge to be safe from the threat of bluff erosion for a minimum of 75 years, unless such standard will make a lot unbuildable, in which case a standard of 50 years shall be used. The County shall determine the required setback. A geologic report shall be required by the County in order to make this determination. At a minimum, such geologic report shall be prepared in conformance with the Coastal Commission's adopted Statewide Interpretive Guidelines regarding "Geologic Stability of Blufftop Development." (See also Policy 4-5 regarding protection of visual resources.)

2.

In addition to that required for safety, further bluff setbacks may be required for oceanfront structures to minimize or avoid impacts on public views from the beach. Blufftop structures shall be set back from the bluff edge sufficiently far to insure that the structure does not infringe on views from the beach except in areas where existing structures on both sides of the proposed structure already impact public views from the beach. In such cases, the new structure shall be located no closer to the bluff's edge than the adjacent structures.

3.

Within the required blufftop setback, drought-tolerant vegetation shall be maintained. Grading, as may be required to establish proper drainage or to install landscaping, and minor improvements, i.e., patios and fences that do not impact bluff stability, may be permitted. Surface water shall be directed away from the top of the bluff or be handled in a manner satisfactory to prevent damage to the bluff by surface and percolating water.

4.

Development and activity of any kind beyond the required blufftop setback shall be constructed to insure that all surface and subsurface drainage shall not contribute to the erosion of the bluff face or the stability of the bluff itself.

No development shall be permitted on the bluff face, except for engineered staircases or accessways to provide beach access, and pipelines for scientific research or coastal dependent industry. Drainpipes shall be allowed only where no other less environmentally damaging drain system is feasible and the drainpipes are designed and placed to minimize impacts to the bluff face, toe, and beach. Drainage devices extending over the bluff face shall not be permitted if the property can be drained away from the bluff face.

DIVISION 4. - ZONING DISTRICTS

Section 35-68. - AG-I - Agriculture I.

Section 35-68.1 Purpose and Intent.

The purpose of the Agriculture I district is to designate and protect lands appropriate for long-term agricultural use within or adjacent to urbanized areas, and to preserve prime agricultural soils.

Section 35-68.2 Processing.

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

Section 35-68.3 Permitted Uses.

1.

All types of agriculture and farming except a dairy, hog ranch, animal feed yard, or animal sales yard, subject to the limitations hereinafter provided in this Section 35-68.

2.

Raising of animals not to exceed one horse, mule, cow, llama or ostrich; or three goats, hogs, or other livestock not specifically enumerated herein, shall be permitted for each 20,000 square feet of gross area of the lot upon which the same are kept. In no case shall more than three hogs be kept on any such lot.

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

3.

Private kennels, and small animals and poultry raising limited to reasonable family use on a noncommercial basis.

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

4.

Sale of agricultural products pursuant to the provisions of Section 35-131 (Agricultural Sales).

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

5.

Greenhouses, hothouses, other plant protection structures, and related development, i.e., packing shed, parking, driveways, etc.; however, for any development of 20,000 square feet or more and all additions which when added to existing development total 20,000 square feet or more, a Development Plan shall be submitted, processed, and approved as provided in Section 35-174 (Development Plans). For any greenhouse or related development, packing and shipping facility, and shade and hoop structure in the Carpinteria Valley additional regulations of the Carpinteria Agricultural (CA) Overlay District (Section 35102F) shall apply.

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

6.

One single family dwelling unit per legal lot. Such dwelling may be a mobile home certified under the National Mobile Home Construction and Safety Standards Act of 1974 (42 U.S.C. Section 5401 et seq.) on a permanent foundation system, pursuant to Health & Safety Code Section 18551, subject to the provisions of Section 35-141 (General Regulations).

7.

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).

8.

One guest house or artist studio per legal lot subject to the provisions of Section 35-120 (General Regulations) and accessory to the primary residential use of the same lot.

(Amended by Ord. 3835, 03/20/1990; Ord. 4557, 12/07/2004)

9.

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. 3836, 03/20/1990); Ord. 4557, 12/07/2004)

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)

Agricultural employee dwellings, including mobile homes, manufactured homes, and park trailers, providing housing for one to nine employees in compliance with Section 35-144R (Agricultural Employee Dwellings).

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

13.

Cannabis, Cultivation and Nursery, subject to the provisions of Section 35-144U.

14.

Cannabis, Distribution, subject to the provisions of Section 35-144U.

15.

Cannabis, Non-volatile Manufacturing, subject to the provisions of Section 35-144U.

16.

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

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

(Ord. No. 5194, § 3, 11-7-2023; Ord. No. 5204, § 2, 2-13-2024)

Section 35-68.4 Uses Permitted with a Major Conditional Use Permit (Amended by Ord. 4298, 03/24/1998)

1.

Commercial raising of animals, boarding of animals, and commercial riding stables.

2.

Animal hospitals, and animal husbandry services.

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

3.

Facilities for the sorting, cleaning, packing, freezing, loading, transporting and storage of horticultural and agricultural products (not including animals) grown off the premises preparatory to wholesale or retail sale and/or shipment in their natural form provided:

a.

The facility shall be accessory to and supportive of other agricultural operations located on the same premises as the proposed facility and on other local agricultural lands (defined as lands located within 25 miles of the boundaries of Santa Barbara County),

b.

The primary purpose of the facility shall not be to import, on a continuing basis, horticultural or agricultural products from land more than 25 miles beyond the boundaries of Santa Barbara County for local processing, distribution, or sale,

c.

The primary intent of the development of this facility shall be to serve south coast agriculture,

d.

The products are determined by the Planning Commission to be similar to products grown on the premises where the facility is located or on other local agricultural lands,

e.

The facility processes products grown on the premises or on other local agricultural lands,

f.

All application for such facilities shall be accompanied by a landscape plan pursuant to the requirements of Section 35-68.4 of this Article,

g.

Siting of this type of facility on prime agricultural lands or agriculturally productive non-prime soils should be avoided where feasible, and

h.

All applications for such facilities shall be accompanied by defined truck and vehicle routes proposed to serve the facility.

No Conditional Use Permit shall be required under this section for such facilities if they are devoted primarily to the handling of products grown on the premises and the processing of products grown off premises if accessory and customarily incidental to the marketing of products in their natural form grown on the premises.

4.

Agricultural employee dwellings, including mobile homes, manufactured homes, and park trailers, providing housing for 20 or more employees in compliance with Section 35-144R (Agricultural Employee Dwellings).

(Amended by Ord. 3837, 03/02/1990; Ord. 4964, 12/14/2017; Ord. 5129, 05/1/32021)

5.

Within the Carpinteria Agricultural Overlay District, greenhouses and greenhouse related development of any size on slopes between five and 10 percent. No exception to this requirement, such as that stated under subsection (3) above, shall apply.

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

6.

Cannabis, Volatile Manufacturing, subject to the provisions of Section 35-144U.

Section 35-68.5 Uses Permitted with a Minor Conditional Use Permit (Amended by Ord. 3837, 03/20/1990)

1.

Agricultural employee dwellings, including mobile homes, manufactured homes, and park trailers, providing housing for 10 to 19 employees in compliance with Section 35-144R (Agricultural Employee Dwellings).

(Amended by Ord. 4964, 12/14/2017; Ord. 5129, 05/13/2021)

2.

Commercial Kennels.

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

3.

Cannabis, Distribution, subject to the provisions of Section 35-144U.

Section 35-68.6 Minimum Lot Size.

1.

Each main dwelling unit and its permitted accessory buildings and structures shall be located on a lot having a minimum lot area as indicated below for the symbol shown on the lot on the applicable Santa Barbara County Zoning Map.

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

2.

A dwelling may be located upon a lot with less area than required in Section 35-68.6.1 unless such lot is a fraction lot.

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

Section 35-68.7 Setbacks for Buildings and Structures.

1.

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

2.

Side and Rear: 20 feet from the lot lines of the lot on which the building or structure is located.

3.

Lots that contain one gross acre or less shall be subject to the setback regulations of the R-1/E-1 SingleFamily Residential District.

4.

In addition, no hothouse, greenhouse, other plant protection, or related structure shall be located within 30 feet of the right-of-way line of any street nor within 50 feet of the lot line of a lot zoned residential. On lots containing five or more gross acres, an additional setback of 30 feet from the lot lines of the lot on which the structure is located is required.

Section 35-68.8 Lot Coverage.

The maximum net lot coverage for all hothouses, greenhouses, and other plant protection structures shall be as follows: