Division 10 — NONCONFORMING STRUCTURES AND USES — Santa Barbara County Zoning Code

Section 35-160. - Purpose and Intent. ¶

Within the districts established by this Article, or amendments that may later be adopted, there exists lots, structures, and uses of land and structures, which were lawful prior to the adoption, revision, or amendment of this Article, or previously adopted County ordinances, but which would be prohibited, regulated, or restricted under the terms of this Article or future amendment. It is the intent of this Article to permit these nonconformities to continue until they are removed, but not to encourage their survival. It is further the intent of this Article, subject to only very limited exceptions as specified to prevent nonconforming uses and structures from being enlarged, expanded or extended, or being used as grounds for adding other structures or uses prohibited elsewhere in the same district.

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

Section 35-161. - Nonconforming Use of Land, Buildings and Structures.

(Amended by Ord. 4067, 08/18/1992; Ord. 4227, 06/18/1996; Ord. 4557, 12/07/2004, Ord 5109 07/02/2020, Ord 5122 11/10/2020)

A nonconforming use may be continued subject to the following regulations, so long as such use remains otherwise lawful.

1.

Structural Change. Except as otherwise provided in this Article, including seismic retrofitting as defined in Section 35-58 and in accordance with Section 35-169.2.1.m, no existing building or structure devoted to a nonconforming use under this Article shall be enlarged, extended, reconstructed, moved, or structurally altered unless such use is changed to a use permitted in the district in which it is located. No building or structure accessory to a nonconforming use under this Article shall be erected, enlarged, or extended unless such building or structure is also accessory to a conforming use.

a.

Exceptions: Existing structures devoted to a nonconforming use may be enlarged, extended, reconstructed, moved, and/or structurally altered, subject to the following criteria:

1)

The structure has been declared to be a historical landmark pursuant to a resolution of the Board of Supervisors may be structurally altered provided that the County Historical Landmarks Advisory Commission has determined that the proposed structural alterations will help to preserve and maintain the landmark in the long-term and has reviewed and approved the proposed structural alterations.

2)

The structure is threatened due to coastal erosion, as determined by the County Building Official, and is located on property zoned either SR-M or SR-H. Any structural alteration or relocation (1) shall comply with all setback and height requirements of the zone district in which such structure is located, (2) shall not result in the removal of required parking spaces, and (3) shall not result in an increase in the number of bedrooms within the building unless such increase is consistent with the provisions of the SR-M or SR-H zoning district.

2.

Extension or Expansion. A nonconforming use may be extended throughout an existing building provided no structural alterations except those required by law or ordinance (i.e., building code regulations) are made therein. No nonconforming use shall be extended to occupy any land outside such building. No existing nonconforming use of land outside buildings, or involving no buildings, shall be enlarged, increased, or extended to occupy a greater area of land than was occupied at the time the use became nonconforming, or moved to any portion of the lot not occupied by such nonconforming use at such time.

a.

In order to protect public health and support a phased reopening of the Santa Barbara County in a manner that effectively limits the spread of COVID-19 by allowing for the use of outdoor areas to ensure that physical distancing and/or other public health requirements can be met and to provide other forms of relief,

the following provisions apply for the temporary time period specified below and take precedence over subsections 2 included above, if the below provisions are applicable to a particular nonconforming use.

1)

Temporary time period. This provision shall be in effect immediately after the Executive Director of the Coastal Commission executes a waiver pursuant to Pub. Resources Code § 30611, and expire the earlier of when the Board of Supervisors declares the proclaimed Santa Barbara County Local Emergency from the COVID-19 virus is terminated or when the COVID-19 provisions (Sections 35-161.2.a, 35-179B.D.8, 35179E, and 35-185.9) are terminated by ordinance amendment.

2)

Development standards. For nonconforming uses, this section authorizes the temporary expansion or extension of a nonconforming use related to the following standards provided the requirements of Subsection 2.a.3, below, are met:

i.

Setbacks.

ii.

Site coverage maximums.

iii.

Minimum open space.

iv.

Parking and loading standards.

v.

Signs.

vi.

The requirement that uses shall occur within a completely enclosed building.

vii.

Restrictions on uses in the right of way.

viii.

Other development standards as determined to be necessary by the Director for the protection of public health related to COVID-19.

Requirements. To be eligible for this temporary expansion or extension, all of the following requirements must be met:

a.

The temporary expansion or extension of aspects of the nonconforming use related to development standards listed in Subsection 2.a.2, above, are necessary to ensure social distancing and/or comply with other public health requirements put in place by federal, State, or local public health officials to limit the spread of COVID-19.

b.

The owner/applicant must follow all State and local directives regarding reopening of businesses or community entities during the COVID-19 pandemic response, including certification or attestation and COVID-19 protection plan. Public health restrictions related to COVID-19 are subject to rapid change and nothing in this Subsection 2.a is intended, nor shall it be construed, to allow nonconforming uses to operate in violation of any federal, State, or local public health orders.

c.

Any State or local permit or approval required by regulations other than this Development Code is obtained (e.g., a business purposes encroachment permit, health permit, alcoholic beverage control license, fire department authorization).

d.

The nonconforming use is non-residential.

e.

The expansion or extension of the nonconforming use does not occur within environmentally sensitive habitat. No native vegetation or environmentally sensitive habitat would be removed to accommodate the use of outdoor areas.

f.

The use of outdoor areas does not result in the expansion of the existing capacity of the nonconforming use (e.g., a restaurant with 20 indoor tables and 40 person capacity maintains the same number of tables and capacity with more space between the tables).

g.

No structures are proposed, constructed, or erected (temporary coverings, such as canopies or umbrellas, to shade occupants from the sun and/or weather are allowed).

4)

Submittal of Checklist.

The building or structure used for a legal nonconforming residential use shall comply with all currently applicable building, electrical, plumbing, fire and mechanical codes, and shall not compromise the adequate performance of any existing water system or liquid waste disposal (septic) system, as determined to the satisfaction of the County Environmental Health Department.

f.

Any structural enlargement or relocation shall comply with all setback, height, lot coverage, parking, and other requirements of the zone district in which such structure is located.

7.

Limited Exception Determinations for Certain Nonconforming Industrial Uses. Notwithstanding the foregoing, the County finds that the need may exist to improve the safety or reduce the environmental effects of certain nonconforming industrial uses by allowing minor changes that could result in minor enlargements, extensions, expansions or structural alterations (e.g., installation of emergency back-up generator for fire protection equipment, modifications to emergency shutdown system) to buildings or structures dedicated to such nonconforming uses, despite the fact that they do not conform to all current

provisions of this Article. Therefore, an improvement comprising of minor enlargements, extensions, expansions or structural alterations of a building or structure dedicated to an industrial, public works, or energy-related nonconforming use may be allowed, subject to the following process and findings:

a.

Process.

1)

No permits shall be issued for development, including grading, unless and until a Limited Exception Determination by the Planning Commission is first granted for the proposed improvement. Where no discretionary permit has previously been issued for the existing nonconforming industrial use, appropriate non-discretionary permits may be issued after a Limited Exception Determination has been granted. Where a discretionary permit has been previously issued, changes to that permit may be made pursuant to the provisions of this Article and the appropriate non-discretionary permits may be issued after a Limited Exception Determination has been granted. The action of the Planning Commission on the Limited Exception Determination is final subject to appeal in compliance with Section 35-182 (Appeals).

2)

Unless otherwise specifically waived by the Planning and Development Director, 10 copies of the following information shall be submitted:

a)

Description of project objectives;

b)

Project description, including construction requirements (schedule, equipment, labor, parking), physical changes to existing facilities, and any changes to facility operations or ancillary operations (truck trips, hazardous materials storage, etc.) as a result of the improvement;

c)

Map showing contiguous properties, including Assessor Parcel Numbers and property owners' names;

d)

Site plan to scale showing all existing and proposed facilities on the site. The new components, modifications to existing equipment, and any components to be removed shall be highlighted;

e)

Design specifications for any new components;

f)

Estimated expenditures for the improvement, including materials, labor, and equipment;

g)

Photographs of the site showing the area where the improvement is proposed;

h)

Identification of any increase in utility use or demand as a result of the improvement (water, electricity, natural gas);

i)

Written justification and such data, report(s), and documentation that demonstrate and verify the improvement's public health and safety benefit or environmental benefit. In all cases, the burden of proof shall be on the applicant to provide evidence verifying the public health and safety or environmental benefit.

j)

Any other supplemental data or information requested by the Planning and Development Department.

3)

The Planning and Development Department shall distribute the material to the appropriate County departments for a 30-day application completeness review.

4)

Upon determination of application completeness, the Planning and Development Department shall conduct an assessment of the public health and safety and/or environmental benefits of the application and shall conduct environmental review. Information from such benefit assessment or the environmental review shall be included for use to support the Planning Commission's action on a Limited Exception Determination.

b.

Limited Exception Determination Findings. A Limited Exception Determination for an improvement that results in the minor enlargement, extension, expansion or structural alteration to a building or structure dedicated to an industrial, public works, or energy-related nonconforming use may be granted provided that the following findings are made by the Planning Commission at a noticed public hearing:

1)

The improvement has a demonstrable public health and safety, or environmental benefit (e.g., would reduce the risk of a hazardous material spill or reduce air emissions).

2)

The improvement does not result in any new un-mitigated significant environmental impacts.

3)

The improvement does not result in an increase in the overall intensity of use beyond the existing permitted use (e.g., output/throughput per day) or, for facilities where no permits exist, would not increase the overall

intensity of use beyond the current operating limits.

4)

The improvement does not extend or expand the existing developed industrial site boundary within a parcel.

5)

The improvement does not result in an expansion or extension of life of the nonconforming use due to increased capacity of the structure dedicated to the nonconforming use, or from increased access to a resource, or from an opportunity to increase recovery of an existing resource. Any extension in the life of the nonconforming use affected by the improvement results solely from improved operational efficiency and is incidental to the primary purpose of improving public health and safety or providing an environmental benefit.

6)

The improvement does not allow for processing of "new production" as defined in Section 35-154.

7)

If prior Limited Exception Determinations have been made for the same nonconforming use under this section, the successive Limited Exception Determinations cumulatively provide a public health and safety or environmental benefit.

8.

Parking. If a use is nonconforming with existing parking standards, the building or structure devoted to such use may be altered but the use may not be intensified, extended, or expanded in a manner that would increase the required number of parking spaces pursuant to Division 6, Parking, unless a) the use is brought into conformance with the requirements of Division 6, Parking, or b) a modification to the parking requirements has been approved.

Section 35-162. - Nonconforming Buildings and Structures.

(Amended by Ord. 4227, 06/18/1996; Ord. 4318, 06/23/1998; Ord. 4557, 12/07/2004; Ord. 4884, 09/08/2016)

If a building or structure is conforming as to use but nonconforming as to setbacks, height, lot coverage, or other requirements concerning the building or structure, such structure may remain so long as it is otherwise lawful, subject to the following regulations.

1.

Structural change, enlargement, or extension.

a.

Enlargements or extensions allowed in limited circumstances.

Except as listed below or otherwise provided in this Article, a nonconforming structure shall not be enlarged, extended, moved, or structurally altered unless the enlargement, extension, etc., complies with the height, lot coverage, setback, and other requirements of this Article.

2)

Allowed structural alterations.

a)

Seismic retrofits allowed. Seismic retrofits as defined in Section 35-58 (Definitions) and in compliance with Section 35-169.2 (Applicability) may be allowed but shall be limited exclusively to compliance with earthquake safety standards and other applicable Building Code requirements, including State law (e.g., Title 24, California Code of Regulations).

b)

Normal maintenance and repair. Normal maintenance and repair may occur provided no structural alterations are made.

c)

Historical landmarks. A structure that has been declared to be a historical landmark in compliance with a resolution of the Board may be enlarged, extended, reconstructed, relocated, and/or structurally altered provided the County Historical Landmarks Advisory Commission has reviewed and approved the proposed structural alterations and has determined that the proposed structural alterations will help to preserve and maintain the landmark in the long-term. However, such a structure shall not be enlarged, extended, reconstructed, relocated, and/or structurally altered if the nonconforming structure is inconsistent with any coastal resource protection policies of the LCP (regardless of historic status).

d)

Conforming residential uses and residential accessory uses. A nonconforming structure that is devoted to a conforming residential use or that is normally or historically accessory to the primary residential use may be structurally altered in a manner that is not otherwise allowed in compliance with Subsection 1.a.1), above, provided that the alteration does not result in a structure that extends beyond the existing exterior, and, for structures that are 50 years old or greater, the Director determines that the alteration will not result in a detrimental effect on any potential historical significance of the structure. However, such a structural alterations to a nonconforming structure shall be prohibited if the nonconforming structure and/or the structural alterations are inconsistent with any coastal resource protection policies of the LCP.

3)

Permit required. The issuance of a Coastal Development Permit in compliance with Section 35-169 (Coastal Development Permits) or Land Use Permit in compliance with Section 35-178 (Land Use Permits), as applicable, is required prior to the commencement of any structural alteration allowed in compliance

with Subsections 1.a.1) or 1.a.2), above, unless the alteration is determined to be exempt in compliance with Section 35-169.2 (Applicability).

b.

Accessory living quarters. No living quarters may be extended into an accessory structure located in the required front, side, or rear setbacks by any addition or enlargement.

c.

Loss of nonconforming status.

1)

An existing nonconforming structure that is enlarged, extended, moved, reconstructed, or structurally altered in violation of Subsection 1.a, above, shall no longer be considered to be nonconforming and the rights to continue the nonconforming structure shall terminate unless the enlargement, extension, moving, reconstruction, or structural alteration is specifically allowed by this Article.

2)

If the rights to continue the nonconforming structure are terminated then the structure shall either be demolished or altered so that the structure may be considered a conforming structure. Failure by the owner to either demolish the structure or alter the structure so that it may be considered a conforming structure shall be considered a violation of this Article and subject to enforcement and penalties in compliance with Section 35-185 (Enforcement, Legal Procedures, and Penalties).

2.

Damage. The purpose of this section is to identify the standards for allowing the restoration or reconstruction of a nonconforming structure that is damaged by fire, flood, earthquake or other natural disaster.

a.

Except for single family residential buildings or structures and greenhouses, packing and shipping facilities, shade and hoop structures, greenhouse related development in the Carpinteria Agricultural Overlay District, and buildings or structures damaged by 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.), where a nonconforming building or structure is damaged by fire, flood, earthquake, or other natural disaster to an extent of 75 percent or more of the replacement cost at the time of damage, as determined by the Planning and Development Department, such structure may not be reconstructed unless the Zoning Administrator finds that the adverse impact upon the neighborhood would be less than the hardship which would be suffered by the owner of the structure should reconstruction of the nonconforming structure be denied.

b.

Where damage to a nonconforming, non-single family residential building or structure is to an extent of less than 75 percent of the replacement cost at the time of damage, as determined by the Planning and

Development Department, such structure may be restored to the same or lesser size in the same general footprint location, except that if an existing non-single family residential building or structure is damaged as a result of a debris flow or other catastrophic event resulting in a significant change in topography or alteration of drainage features, the restored or replaced structure may be eligible for a De Minimis Coastal Development Permit Waiver pursuant to Section 35-51C of this Chapter.

c.

If a nonconforming single family residential building or structure is damaged or destroyed by fire, flood, earthquake, or other natural disaster, such building or structure may be reconstructed to the same or lesser size in the same general footprint location, except that if an existing single family residential building or structure is 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, the restored or replaced structure may be eligible for a De Minimis Coastal Development Permit Waiver pursuant to Section 35-51C of this Chapter.

d.

Notwithstanding the above, additional provisions exist in Section 35-214 of Division 16 (Montecito

Community Plan Overlay District) for parcels identified within the Montecito Community Plan Overlay zone, and in Section 35-194 of Division 15 (Toro Canyon Plan Overlay District) for parcels identified within the Toro Canyon Plan Overlay zone, which, in the case of conflict, shall take precedence over this Section. However, if a structure needs to be relocated on the lot as a result of a debris flow or other catastrophic event resulting in a significant change in topography or alteration of drainage features, this Section takes precedence over the above-mentioned Overlay Districts.

e.

Where damage to a nonconforming greenhouse, packing and shipping facility, shade and hoop structure, or greenhouse related structure in the Carpinteria Agricultural Overlay District, by fire, flood, earthquake, or other natural disaster, is to an extent of 75 percent or more, such structure may be reconstructed in accordance with the provisions of Section 35-102F (Carpinteria Agricultural), thereby becoming a conforming structure.

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

f.

The restoration permitted above shall commence within 24 months of the time of damage and be diligently carried to completion. If the restoration of such building or structure does not commence within 24 months it shall not be restored except in conformity with the applicable zone district regulations and other provisions of this Article.

g.

Except as provided in Subsection 2.g.1., below, the restoration of a nonconforming building or structure that is damaged by fire, flood, earthquake or other natural disaster shall be exempt from the permit requirements of this Article only if the building or structure complies with the provisions of this Section and

if the building or structure conforms to the specifications documented to exist prior to the damage as determined by the Planning and Development Department.

1)

h.

Except as provided in Subsection 2.h.1., below, if the Planning and Development Department determines that the exterior design or specifications are proposed to be changed or the footprint of the building or structure is relocated, the restored structure shall be subject to the provisions of Section 35-184, Board of Architectural Review, if otherwise subject to such review (e.g., the site is within the D-Design Control Overlay District).

(1)

i.

Except as allowed herein, the building or structure is proposed to be altered from the original specifications, then the restoration shall be subject to all applicable permit requirements of this Article.

Section 35-163. - Construction in Progress.

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

To avoid undue hardship, nothing in this DIVISION shall be deemed to require a change in the plans, construction or designated use of any building or structure on which actual construction was lawfully begun prior to the effective date of adoption or any amendment of this Article rendering the building or structure or its use nonconforming and upon which actual construction has been carried out diligently. Actual construction is hereby defined as the placing of construction material in permanent position and fastened in a permanent manner.

Section 35-164. - Termination of Nonconforming Uses.

In addition to the provisions for termination of certain nonconforming uses contained elsewhere in this Division, any nonconforming use or uses of either land or buildings or both may be ordered terminated by

the Board of Supervisors after a public hearing as provided hereafter in Section 35-166, if one or more of the three following conditions is found to apply to any such nonconforming use or uses.

1.

That the condition of the improvements, if any, on the property are such that to require the property to be used only for those uses permitted in the zone where it is located would not impair the constitutional rights of any person; or

2.

That the nature of the improvements are such that they can be altered so as to be used in conformity with the uses permitted in the zone in which such property is located without impairing the constitutional rights of any person; or

3.

Except in the case of a dedicated cemetery, that the nonconforming use is so exercised as to be detrimental to the public health or safety, or so as to be a nuisance.

Section 35-165. - Unpermitted Expansion of Nonconforming Uses.

After a public hearing, as provided hereinafter under Section 35-166 any expansion of or change in a nonconforming use of buildings or land, or both, not expressly permitted under and strictly in accordance with the terms of this Article and especially this Division, nor required by law, may be ordered terminated by the Board of Supervisors.

Section 35-166. - Termination Procedure.

1.

All nonconforming uses to be terminated under the provisions of this Division may be ordered terminated by the Board of Supervisors upon following the procedure prescribed in this Section. Any disobedience of an order of termination of the Board of Supervisors made pursuant hereto, as well as any continuance of any nonconforming use beyond the express period of time prescribed in this Section shall be deemed a violation of the terms of this Article. Upon recommendation of the Planning Commission, or upon petition by a person or persons affected by a nonconforming use of buildings or land or both, or on its own initiative, the Board of Supervisors may set a date for, and call a public hearing to determine whether or not a nonconforming use of land or buildings or both, or an unpermitted expansion of or change in such use should not be ordered terminated. Fifteen days notice of such hearing shall be given by publication once in a newspaper of general circulation in the County of Santa Barbara or in the area where the affected property is located, and by service upon the owner or owners of the land and upon the person operating or maintaining such nonconforming use, if not the owner. Service of such notice shall be either personal or by mail addressed to the last known address of the person to be served. Said notice shall specify the date, time and place of said hearing and shall specify the grounds on which said nonconforming use or changes or expansion thereof is sought to be terminated.

All hearings held under this Section by the Board of Supervisors shall be open to the general public, be presided over by the Chairman, vice chairman or acting chairman of the Board of Supervisors, and the proceedings shall be reported by a phonographic reporter. The owner or owners, the party or parties maintaining the nonconforming use, the Board of Supervisors and all other interested persons may be represented by attorneys of their own choosing, may submit written and oral evidence provided that oral evidence shall be taken only on oath or affirmation, may call and examine witnesses, introduce exhibits, cross-examine opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct examination, to impeach any witness regardless of which party first called him to testify and to rebut the evidence against him. If the person or persons maintaining the said nonconforming use do not testify in their own behalf, they may be called and examined as if under cross-examination.

3.

The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely on in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions in courts. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil actions and irrelevant and unduly repetitious evidence shall be excluded.

4.

The Board of Supervisors shall render its decision in writing, containing findings of fact, within 30 days after the date on which the public hearing was completed and closed. It shall deliver copies by mail or personally to the parties concerned in said hearing. Failure to so render such decision within said 30 days or any extension thereof stipulated to by the parties shall be deemed to permit the continuance of said nonconforming use or said expansion thereof or change thereto, which was the subject of said hearing. The said decision shall, if it ordered said nonconforming use, or change thereto or expansion thereof terminated, specify such time within which the person so maintaining such nonconforming use or change thereto or expansion thereof, shall so terminate as the Board of Supervisors deems reasonable and proper under the circumstances.

5.

Hearings may be continued from time to time by the Board of Supervisors.

6.

Judicial review of any order of the Board of Supervisors made hereunder may be had by filing a petition for a writ of mandate in accordance with the provisions of the California Code of Civil Procedure.

Section 35-167. - Reserved For Future Use. Section 35-168. - Reserved For Future Use. DIVISION 11 - PERMIT PROCEDURES

Section 35-169. - Coastal Development Permits.

(Amended by Ord. 4594, 03/05/2008; Ord. 4595, 03/05/2008)

Section 35-169.1 Purpose and Intent. ¶

This Section establishes procedures and findings for the approval, issuance and effective time periods for Coastal Development Permits that are required by this Article. The intent of this section is to ensure that development is in conformity with the provisions of this Article, the Comprehensive Plan including the Coastal Land Use Plan and any applicable Community Plan and any permit conditions established by the County, and to provide public hearing opportunities for development that is defined as appealable to the Coastal Commission in compliance with Section 35-182 (Appeals).

Section 35-169.2 Applicability. ¶

1.

Before using any land or structure, or commencing any work pertaining to any development or use in the Coastal Zone of the County, wherein permits are required under the provisions of this Article, a Coastal Development Permit shall be issued unless other regulations of this Article, including Section 35-51B (Exemptions from Planning Permit Requirements), specifically indicate that such activity is exempt. Activities which are exempt from the issuance of a Coastal Development Permit shall comply with all applicable regulations of this Article including use, setback, and height, as well as all required provisions and conditions of any existing approved permits for the subject property.

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

2.

Except as provided in Subsection 2.a (Final Development Plan not required for accessory dwelling units or junior accessory dwelling units), the approval of a development plan as provided in Section 35-174 (Development Plans) shall be required prior to the approval of any Coastal Development Permit for a structure that is not otherwise required to have a discretionary permit and is 20,000 or more square feet in gross floor area, or is an attached or detached addition that, together with existing structures on the lot will total 20,000 square feet or more of gross floor area.

a.

Final Development Plan not required for accessory dwelling units or junior accessory dwelling units. If Development Plan approval would be required in compliance with Section 35-169.2.2, and the application for development includes an accessory dwelling unit or junior accessory dwelling unit, then only the approval of a Coastal Development Permit in compliance with Section 35-142 (Accessory Dwelling Units and Junior Accessory Dwelling Units) is required for the proposed accessory dwelling unit or junior accessory dwelling unit.

(Ord. No. 5194, § 30, 11-7-2023)

Section 35-169.3 Contents of Application.

As many copies of an application as may be required shall be submitted to the Planning and Development Department. Said application shall include:

1.

A site plan which shall indicate clearly and with full dimensions the following information, if applicable:

a.

North arrow and scale of drawing.

Site address.

Lot dimensions and boundaries.

d.

All proposed and existing buildings and structures and their locations, size, height, and use.

e.

Distance from proposed structure(s) to property lines, centerline of the street or alley and other existing structures on the lot.

f.

Walls and fences: location, height and materials.

g.

Name and widths of streets (right-of-way) abutting the site.

h.

Off-street parking: location, dimensions of parking area, number of spaces, arrangement of spaces and internal circulation pattern.

i.

Access: pedestrian, vehicular, service; and delineations of all points of ingress and egress.

j.

Signs: location, size, height and method of illumination.

k.

Loading zones: location, dimensions, number of spaces.

l.

Lighting: general nature, locations and hooding devices.

Proposed street dedications and improvements.

n.

Landscaping, if required.

o.

Method of sewage disposal: show position of septic tank and leach lines, if applicable.

p.

For commercial and industrial projects indicate where applicable:

Number of motel or hotel units.

Seating capacity or square footage devoted to patrons.

3)

Total number of employees.

All easements.

2.

Source of water supply including a can and will serve letter from a public or private water district.

3.

Any other information that the Planning and Development Department may require.

Section 35-169.4 Processing. (Amended by Ord. 4584, 11/22/2005; Ord. 4594, 03/05/2008; Ord. 4595, 03/05/2008)

1.

Coastal Development Permits for development that is not appealable to the Coastal Commission in compliance with Section 35-182 (Appeals) and is not processed in conjunction with a discretionary permit.

This Section provides the processing requirements for applications for Coastal Development Permits that are not subject to Section 35-169.4.2 or Section 35-169.4.3 below.

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

a.

After receipt of the Coastal Development Permit application, the Department shall review the application in compliance with the requirements of the California Environmental Quality Act, unless the development is exempt from CEQA.

b.

The Director shall review the Coastal Development Permit application for compliance with the

Comprehensive Plan including the Coastal Land Use Plan and any applicable community or area plan, this Article, and other applicable regulations, and approve, conditionally approve, or deny the Coastal Development Permit.

c.

The action of the Director is final subject to appeal in compliance with Section 35-182 (Appeals).

d.

No entitlement for development shall be granted prior to the effective date of the Coastal Development Permit. A Coastal Development Permit approved, or conditionally approved, in compliance with this Section shall not be issued or deemed effective:

1)

Prior to the expiration of the appeal period or, if appealed, prior to final action on the appeal by the decision-maker in compliance with Section 35-182 (Appeals).

2)

Until the applicant has signed the Coastal Development Permit.

3)

Until all conditions of the Coastal Development Permit that are required to be satisfied prior to the issuance of the Coastal Development Permit have been satisfied.

4)

Until all other necessary prior approvals have been obtained.

e.

or structures will conform to both the existing zoning and existing provisions of this Article and the rezoning or amendment initiated by the Board or (2) the effective date of a Preliminary or Final Development Plan approved in compliance with Section 35-174 (Development Plans) is prior to the adoption of the Board's resolution and the proposed uses and structures are in conformance with the approved Preliminary or Final Development Plan.

f.

On property located within the Montecito Community Plan area, Coastal Development Permits shall include a specific written condition that requires all development be in conformance with approved plans.

g.

Prior to approval or conditional approval of a Coastal Development Permit, notice of the pending decision shall be given in compliance with Sections 35-181 (Noticing).

h.

Except for projects located in the jurisdictional area of the North Board of Architectural Review where time limits for review of the project by the North Board of Architectural Review are exceeded as specifically described in Section 35-184.3.2.c, a Coastal Development Permit for any structure that requires design review in compliance with Section 35-184 (Board of Architectural Review) shall not be issued until the structure has received Final Approval from the Board of Architectural Review.

2.

Coastal Development Permit for development that is appealable to the Coastal Commission in compliance with Section 35-182 (Appeals) and is not processed in compliance with Section 35-169.4.3. This Section provides the processing requirements for applications for Coastal Development Permits for development that is appealable to the Coastal Commission in compliance with Section 35-182 (Appeals) and that is not subject to Section 35-169.4.3.

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

a.

b.

For residential structures on lots adjacent to the sea, the application shall be subject to Design Review in compliance with Section 35-184 (Board of Architectural Review).

c.

3)

A written request for public hearing is not received by the Department within the 15 working days immediately following the date the notice in compliance with Section 35-169.4.2.d.2), above, is mailed.

e.

No entitlement for development shall be granted prior to the effective date of the Coastal Development Permit. A Coastal Development Permit approved or conditionally approved in compliance with this Section

35-169.4.2 shall not be issued or deemed effective: ¶

1)

Prior to the expiration of the appeal period or, if appealed, prior to final action on the appeal by the decision-maker, including the Coastal Commission, in compliance with Section 35-182 (Appeals).

2)

Until the applicant has signed the Coastal Development Permit.

3)

Until all conditions of the Coastal Development Permit that are required to be satisfied prior to the issuance of the Coastal Development Permit have been satisfied.

4)

Until all other necessary prior approvals have been obtained.

5)

Within the 10 working days following the date of receipt by the Coastal Commission of the County's Notice of Final Action during which time an appeal of the action may be filed in compliance with Section 35-182 (Appeals).

No entitlement for development shall be granted prior to the effective date of the Coastal Development Permit.

f.

If a Coastal Development Permit is requested for property subject to a resolution of the Board initiating a rezoning or amendment to this Article, a Coastal Development Permit shall not be approved or conditionally approved while the proceedings are pending on such rezoning or amendment unless (1) the proposed uses or structures will conform to both the existing zoning and existing provisions of this Article and the rezoning or amendment initiated by the Board or (2) the effective date of a Preliminary or Final Development Plan approved in compliance with Section 35-174 (Development Plans) is prior to the adoption of the Board's resolution and the proposed uses and structures are in conformance with the approved Preliminary or Final Development Plan.

g.

h.

review in compliance with Section 35-184 (Board of Architectural Review) shall not be issued until the structure has received Final Approval from the Board of Architectural Review.

3.

Coastal Development Permits processed in conjunction with a discretionary permit application. This Section provides the processing requirements for applications for Coastal Development Permits for development that also require a discretionary permit as specified in Subsection 3.a, below.

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

a.

An application for a Coastal Development Permit processed in compliance with this Section 35-169.4.3 shall be processed concurrently and in conjunction with any associated application for the following.

1)

Conditional Certificates of Compliance. An application for a Conditional Certificate of Compliance that is required to be recorded prior to the sale, lease or financing of a parcel of land that was not created in compliance with the laws and ordinances in effect at the time of the creation of the parcel.

2)

Conditional Use Permits. An application for a Major Conditional Use Permit or a Minor Conditional Use Permit processed in compliance with Section 35-172 (Conditional Use Permits).

a)

An application for a Coastal Development Permit processed concurrently with a Conditional Use Permit that includes a phasing plan in compliance with Section 35-172.9.3.b (Conditional Use Permits with approved phasing plans) shall include all components of the development included in the application for the Conditional Use Permit, including all phases of development that may be authorized by the Conditional Use Permit.

i)

The application for the Coastal Development Permit may include phased timelines for the construction of the project and the fulfillment of conditions. However, there shall be only one Coastal Development Permit issued for the whole of the development and/or use authorized by the Conditional Use Permit, and the Coastal Development Permit shall not authorize the issuance of multiple Coastal Development Permits that allow the development of different project components at different times.

3)

Demolition and Reclamation Permits. An application for a Demolition and Reclamation Permit processed in compliance with Section 35-170 (Abandonment of Certain Oil/Gas Land Uses).

Final Development Plans. An application for a Final Development Plan processed in compliance with Section 35-174 (Development Plans).

a)

An application for a Coastal Development Permit processed concurrently with a Final Development Plan that includes a phasing plan in compliance with Section 35-174.9.3.b.2) (Final Development Plans with approved phasing plans) shall include all components of the development included in the application for the Final Development Plan, including all phases of development that may be authorized by Final Development Plan.

i)

The application for the Coastal Development Permit may include phased timelines for the construction of the project and the fulfillment of conditions. However, there shall be only one Coastal Development Permit issued for the whole of the development and/or use authorized by the Final Development Plan, and the Coastal Development Permit shall not authorize the issuance of multiple Coastal Development Permits that allow the development of different project components at different times.

5)

Lot Line Adjustment. An application for a Lot Line Adjustment to adjust the lot lines between no more than four adjacent lots, where the land taken from one lot is added to an adjacent lot and where a greater number of lots than existed is not thereby increased.

6)

Modifications. An application for a Modification processed in compliance with Section 35-179 (Modifications) if the Coastal Development Permit for the development requested by the Modification is appealable to the Coastal Commission in compliance with Section 35-182 (Appeals).

7)

Oil and Gas Exploration or Production Plans. An application for an Oil and Gas Exploration or Production Plan processed in compliance with Section 35-176 (Oil and Gas Exploration and Production Plans).

8)

Tentative Map. An application for a Tentative Map including a Vesting Tentative Map, the approval of which is required prior to the recordation of a Final Map or Parcel Map, as applicable, that subdivides improved or unimproved land for the purpose of sale, lease or financing.

9)

Variance. An application for a Variance processed in compliance with Section 35-173 (Variances) if the Coastal Development Permit for the development requested by the Variance is appealable to the Coastal Commission in compliance with Section 35-182 (Appeals).

The decision-maker for the associated application described in Subsection 3.a, above, shall be the decision-maker for the Coastal Development Permit except as provided below:

1)

If an application for a Coastal Development Permit processed concurrently and in conjunction with an application for a Final Development Plan under the jurisdiction of the Director in compliance with Section 35-174 (Final Development Plans) is for development that is appealable to the Coastal Commission in compliance with Section 35-182 (Appeals), then the Zoning Administrator shall be the decision-maker for both the Coastal Development Permit and the Final Development Plan.

Until the applicant has signed the Coastal Development Permit.

3)

Until all conditions of the Coastal Development Permit that are required to be satisfied prior to the issuance of the Coastal Development Permit have been satisfied.

4)

Until all other necessary prior approvals have been obtained.

5)

For projects that are appealable to the Coastal Commission, within the 10 working days following the date of receipt by the Coastal Commission of the County's Notice of Final Action during which time an appeal of

the action may be filed in accordance with Section 35-182 (Appeals).

j.

k.

l.

(Ord. No. 5194, § 31, 11-7-2023; Ord. No. 5204, § 32, 2-13-2024)

Section 35-169.5 Findings Required for Approval of a Coastal Development Permit.

1.

A Coastal Development Permit application that is subject to Section 35-169.4.1 above shall be approved or conditionally approved only if the decision-maker first makes all of the following findings:

a.

The proposed development conforms:

1)

To the applicable policies of the Comprehensive Plan, including the Coastal Land Use Plan;

2)

With the applicable provisions of this Article or the project falls within the limited exceptions allowed under Section 35-161 (Nonconforming Use of Land, Buildings and Structures).

The expiration of the discretionary application approved in conjunction with the Coastal Development Permit as modified by any extension thereto.

Section 35-169.7 Coastal Commission Changes to the County Action on Coastal Development Permit.

Where an appeal has been filed with the Coastal Commission in compliance with Section 35-182 (Appeals) and the Coastal Commission has reversed or modified the action of the County on the Coastal Development Permit, the action of the Coastal Commission on the Coastal Development Permit is final. If the County has approved the Coastal Development Permit, any previously approved County project permits shall be automatically amended to conform to the Coastal Commission's approved Coastal Development Permit for the project or automatically terminated to conform to the Coastal Commission's disapproval of the Coastal Development Permit.

al Commission on the Coastal Development Permit is final. If the County has approved the Coastal Development Permit, any previously approved County project permits shall be automatically amended to conform to the Coastal Commission's approved Coastal Development Permit for the project or automatically terminated to conform to the Coastal Commission's disapproval of the Coastal Development Permit.

If the County has disapproved the Coastal Development Permit and the Coastal Commission approved the permit, the applicant must reapply to the County for approval of the other required but previously denied project permits (i.e., Development Plan, Conditional Use Permit) in order for the County to impose appropriate conditions. However, the County's action on said re-applications must be consistent with the approved Coastal Development Permit. In the case where the Coastal Commission has imposed appropriate conditions on the Coastal Development Permit as determined by the Subdivision/Development Review Committee, the Director may waive this reapplication requirement.

Section 35-169.8 Revocation. ¶

Issuance of the Coastal Development Permit is contingent upon compliance with all conditions imposed as part of the project approval. If it is determined that development activity is occurring in violation of any or all such conditions, the Director may revoke this Permit and all authorization for development. Written notice of such Revocation shall be provided to the permittee. The decision of the Director to revoke the Coastal Development Permit may be appealed in compliance with Section 35-182 (Appeals).

Section 35-169.9 County Guidelines on Repair and Maintenance, and Utility Connections to Permitted Development.

The County hereby adopts by reference and incorporates herein the "County Guidelines on Repair and Maintenance, and Utility Connections to Permitted Development," as related to Section 35-169.2, paragraphs 1. and 4., and approved by the Board of Supervisors as a separate document. Said guidelines may be obtained from the Planning and Development Department. (See Appendix C of this publication.)

Section 35-169.10 Minor Changes to Coastal Development Permits.

Minor changes to an approved or issued Coastal Development Permit shall be allowed provided that the changes materially conform with the approved or issued permit. Such requests shall be processed as follows:

1.

The Planning and Development Department may approve a minor change (e.g., interior alterations to the structure) to an approved or issued Coastal Development Permit subject to all of the following:

a.

The Department determines that the minor change materially conforms with the approved plans and the originally approved or issued permit,

b.

There is no change in the use or scope of the development,

c.

The minor change does not result in a change to the Planning and Development Department's conclusions regarding the project's specific conformance to development standards and findings, and

d.

The Coastal Development Permit has not expired.

e.

The minor change is exempt from review by the Board of Architectural Review, pursuant to Section 35184.3.

2.

Where a minor change of an approved or issued Coastal Development Permit is approved, such permit shall have the same effective and expiration dates as the original Permit and no additional public notice shall be required.

3.

The determination to allow a minor change to an approved or issued Coastal Development Permit, not defined as an Appealable Development under Section 35-58 of this Article (Definitions), shall be final and not appealable.

Where it cannot be determined that the minor change materially conforms to an approved or issued Coastal Development Permit, subject to the above criteria, a new Coastal Development Permit shall be required.

Section 35-169.11 Minor Changes to Coastal Development Permits for Commercial Cannabis Cultivation.

Minor changes to an approved or issued Coastal Development Permit for commercial cannabis cultivation (outdoor, mixed-light, indoor, and nursery) in the AG-1, AG-11, and M-RP zones may be allowed provided that the changes materially conform with the approved or issued permit. Such requests shall be processed as follows:

1.

The Director may approve a minor change (e.g., Odor Abatement Plan and odor control systems) to an approved or issued Coastal Development Permit where the Director determines:

a.

The minor change does not require additional environmental review;

b.

The minor change does not substantially deviate from the approved plans and the originally approved permit;

c.

There is no change in the use or scope of the development;

d.

The minor change does not result in a change to the Director's conclusions regarding the project's specific conformance to development standards and findings;

e.

The Coastal Development Permit has not expired; and

f.

The minor change is exempt from review by the Board of Architectural Review pursuant to Section 35184.3.

2.

Where a minor change of an approved or issued Coastal Development Permit is approved, the permit shall have the same effective and expiration dates as the original permit and no additional public notice shall be required.

3.

If the Director determines a proposed change to an approved Coastal Development Permit does not meet the above criteria, a new Coastal Development Permit shall be required.

4.

Determinations made pursuant to this Subsection are not subject to Appendix D (Guidelines for Minor Changes to Land Use and Coastal Development Permits) or Appendix B (Substantial Conformity Determination Guidelines).

5.

The determination to allow a minor change to an approved Coastal Development Permit for commercial cannabis cultivation is final and not subject to appeal except in accordance with Section 30625 of the Coastal Act.

(Ord. No. 5244, § 4, 10-21-2025)

Section 35-170. - Abandonment of Certain Oil/Gas Land Uses.

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

Section 35-170.1 Purpose and Intent

This section establishes procedures to achieve the timely abandonment of applicable land uses, and following such abandonment, the timely and proper removal of applicable oil and gas facilities, reclamation of host sites, and final disposition of pipelines, in compliance with applicable laws and permits. Such procedures ensure appropriate due process in differentiating idled from abandoned facilities and protect the vested rights of permittees while also ensuring that facilities with no reasonable expectation of

restarting are removed, pursuant to the intent of enabling development permits. Timely abandonment provides a public benefit by avoiding unnecessary delays in remediating any residual contamination that may result during operations, and providing an effective means of mitigating several significant environmental and socioeconomic effects, including aesthetics, compatibility with surrounding land uses, and risk of default on demolition and reclamation obligations by the permittee.

y abandonment provides a public benefit by avoiding unnecessary delays in remediating any residual contamination that may result during operations, and providing an effective means of mitigating several significant environmental and socioeconomic effects, including aesthetics, compatibility with surrounding land uses, and risk of default on demolition and reclamation obligations by the permittee.

Section 35-170.2 Applicability.

Section 35-170 shall apply to the following land uses within the unincorporated area of the County:

1.

All permitted uses defined in Sections 35-154, 35-155, 35-156, 35-158, and 35-159 of this Article that handle, or at one time handled, oil, natural gas, natural gas liquids, produced water, or waste water that originated from an offshore reservoir, regardless of whether these uses were permitted in accordance with this Article or any preceding ordinance.

(Amended by Ord. 4602, 03/21/2006)

2.

All permitted uses defined in Section 35-157 of this Article, regardless of whether these uses were permitted in accordance with this Article or any preceding ordinance.

3.

All pipeline systems defined in

, except for public utility natural gas transmission and distribution systems such as The Gas Company, that transport, or at one time transported, oil, natural gas, produced water, or waste water that originated from an offshore reservoir, regardless of whether these uses were permitted in accordance with this Article or any preceding zoning ordinance.

4.

Unless specifically stated otherwise, reclamation of sites and corridors used to support any of the operations identified in Sections 35-170.2.1, 2 or 3, above.

Section 35-170.3 Requirement to File an Application.

1.

The permittee of a permitted land use shall submit an application to the Director for a Demolition and Reclamation Permit (Section 35-170.9 et seq.) upon intentional abandonment of a permitted land use, or an independent business function thereof.

2.

The permittee of a permitted land use shall submit an application to the Director either to defer abandonment (Section 35-170.4 et seq.) or to obtain a Demolition and Reclamation Permit (Section 35-

170.9 et seq.) upon the occurrence of either of the following:

a.

Any event designated in an existing County permit that would require consideration of abandonment; or

b.

The permitted land use or an independent business function of a permitted land use has become idle.

Section 35-170.4 Filing an Application to Defer Abandonment.

Any permittee subject to the requirements of Section 35-170.3.2 may file an application to defer abandonment, which shall be considered by the Director. The application shall be filed no later than 90 days after an event specified in Section 35-170.3.2 has occurred.

Section 35-170.5 Contents of Application to Defer Abandonment.

The application to defer abandonment shall be in a form and content specified by the Director and this chapter. Such applications shall contain the following:

1.

Name, address, and contact information for permittee;

2.

Name, address, and general description of the permitted land use

3.

Date when permitted land use first became idle.

4.

Reason for idle status.

5.

Status of upstream production facilities, where applicable.

6.

Listing of facility equipment that has been identified on a plan (submitted in satisfaction of a County, Fire, or Air Pollution Control District permit) and has been either removed from the site or is not currently in operational condition. Include an explanation of the affect this missing or inoperable equipment has on ability to restart operations and run all processes. Also explain measures necessary to bring inoperable equipment back into operational condition.

7.

Plans and schedule to restart operations and identification of any facility components that would remain inactive after restart.

8.

Identification of reasonable circumstances that may hinder the restart of operations according to plan and schedule.

9.

Any other information deemed necessary by the Director.

Section 35-170.6 Processing of Application to Defer Abandonment.

1.

The Director shall determine the completeness of any application and issue a completeness letter within 30 days of receipt. If the application is deemed incomplete, the Director shall specify in detail the deficiencies in the application.

2.

The applicant shall submit information in response to an incompleteness letter within 60 days of receipt or, if it is not practicable to respond within a 60-day period, shall request an extension, not to exceed 60 additional days (total of 120 days to respond), within which to provide the required information.

3.

The Director may choose, at his or her discretion, to conduct a public hearing to consider any application to defer abandonment. The public shall be given all reasonable opportunity to review the Director's recommended decision no less than ten days prior to conducting a public hearing on any application to defer abandonment in accordance with applicable noticing procedures specified in Section 35-181.

4.

The Director shall refer an application to defer abandonment to the Fire Department and Air Pollution Control District for review and comment.

Section 35-170.7 Decision on Application to Defer Abandonment.

1.

Decisions for Idle Facilities. The Director shall grant the application unless the evidence shows that an idle facility has no reasonable possibility of being restarted or the owner has no intent of restarting the facility within a reasonable period of time. Notwithstanding the above, the Director shall approve the application for any pipeline subject to the jurisdiction of the Federal Energy Regulatory Commission if that Commission has determined that abandonment is not appropriate. The Director shall consider all relevant evidence in determining if a permitted land use has been abandoned, including whether any of the following have occurred:

a.

The oil and gas leases that have supplied the permitted land use with product have terminated.

b.

The oil and gas operations that have supplied the permitted land use with product have been abandoned.

c.

For oil/gas land uses designated as consolidated facilities and sites under the zoning code, there are no other existing offshore leases that may reasonably be expected to use the consolidated facility or site in the next 10 years.

d.

Major and essential components of a land use, or an independent business function thereof, have been removed from the site or have fallen into such disrepair that they are no longer functional.

e.

Permits or other entitlements for the land use, such as permits from the Air Pollution Control District, have been surrendered, expired, revoked or otherwise rendered invalid and no intent has been demonstrated to renew or reacquire such permits.

f.

The Fire Department has issued an order requiring abandonment.

g.

Any other evidence that shows clear intent to abandon.

2.

Decisions for Consideration of Abandonment under Permit Conditions. The Director shall grant the application unless:

a.

The Director finds under the applicable existing permit condition that abandonment of the permitted land use or independent business function thereof is required without further delay; and

b.

The permittee no longer has a vested right to continue operation.

3.

The Director's decision shall be transmitted by a public notice pursuant to applicable provisions of Section 35-181.

The Director's decision may be appealed to the Planning Commission within 30 days of noticing such decision. The Director's decision shall be final upon conclusion with the 30-day appeal period if no appeals have been filed. All appeals shall follow procedures specified in Section 35-182.

Section 35-170.8 Deferral Period and Extensions of Approval to Defer Abandonment.

The Director may approve an abandonment deferral for a period not to exceed 24 months from the occurrence of an event defined in Section 35-170.3.2.a or b. The Director may extend this period for oneyear increments upon timely application by the operator. Applications for extensions shall be filed 90 days prior to the end of the approved abandonment-deferral period and shall contain the information specified in Section 35-170.5, above. Deferrals and extensions shall not be granted if another County agency, such as the Fire Department, has properly denied the deferral or extension.

Section 35-170.9 Filing an Application for a Demolition and Reclamation Permit.

Any permittee of a permitted land use that has not filed an application to defer abandonment pursuant to Section 35-170.4, or who has filed and that application has been denied, shall file an application for a Demolition and Reclamation Permit. The application for a Demolition and Reclamation Permit shall be filed no later than 180 days after an application to defer abandonment has been denied and all administrative appeals have been exhausted. If no application to defer abandonment has been filed, an application for a Demolition and Reclamation Permit shall be filed no later than 180 days after an event in Section 35170.3.1 or Section 35-170.3.2 has occurred. The Director may grant extensions of time for good cause.

an 180 days after an application to defer abandonment has been denied and all administrative appeals have been exhausted. If no application to defer abandonment has been filed, an application for a Demolition and Reclamation Permit shall be filed no later than 180 days after an event in Section 35170.3.1 or Section 35-170.3.2 has occurred. The Director may grant extensions of time for good cause.

Section 35-170.10 Content of Application for a Demolition and Reclamation Permit. (Amended by Ord. 4811, 11/14/2013)

The application for a Demolition and Reclamation Permit shall contain the following.

1.

Name, address, and contact information for permittee.

2.

Name, address, and general description of the permitted land use.

3.

Gross and net acreage and boundaries of the property.

4.

Location of all structures, above and underground, proposed to be removed.

5.

Location of all structures, above and underground, proposed to remain in-place.

Location of all utilities on the property.

7.

Location of all easements on or adjacent to the property that may be affected by demolition or reclamation.

8.

To the extent known, the type and extent of all contamination and proposed remedial actions to the level of detail that can be assessed through environmental review. This information does not require a new or modified Phase 2 site assessment in advance of any such requirement by the Fire Department or State agencies with regulatory oversight of site assessments.

9.

Location of areas of geologic, seismic, flood, and other hazards.

10.

Location of areas of prime scenic quality, habitat resources, archeological sites, water bodies and significant existing vegetation.

11.

Location and use of all buildings and structures within 50 feet of the boundaries of the property.

12.

A proposed decommissioning plan that details the activities involved in removing structures from the site, including the following details: estimated number of workers required on site to decommission facilities and structures, disposition of equipment and structures proposed for decommissioning, projected method of transporting equipment, structures, and estimated debris from the site to the place of disposition as well as number of trips required, and an estimated schedule for decommissioning facilities.

13.

A proposed waste-management plan to maximize recycling and minimize wastes.

14.

Other permit applications as may be required by the Santa Barbara County Code to retain any existing structures, roadways, and other improvements to the property that were ancillary to the oil or gas operations and are proposed to be retained to support other existing or proposed uses of the property following abandonment of the oil and gas operations.

15.

A proposed grading and drainage plan.

16.

A proposed plan to convert site to natural condition or convert to another proposed land use, including a detailed schedule for restoring the site. In the latter case, include other applicable permit applications required, if any, for the proposed land use.

17.

A statement of intent as to the disposition of utilities that served the oil and gas operations, including water, power, sewage disposal, fire protection, and transportation.

18.

Measures proposed to be used to prevent or reduce nuisance effects, such as noise, dust, odor, smoke, fumes, vibration, glare, traffic congestion, and to prevent danger to life and property.

19.

An application for a Coastal Development Permit for the development requested by the Demolition and Reclamation Permit application shall also be submitted and shall be processed concurrently and in conjunction with the Demolition and Reclamation Permit application except as follows:

a.

The Coastal Commission approves the Coastal Development Permit when the development is located:

1)

Within the retained permit jurisdiction of the Coastal Commission; or

2)

In areas where the County's Local Coastal Program has not been certified by the Coastal Commission.

20.

Demolition and Reclamation Permits under the jurisdiction of the Zoning Administrator. A public hearing shall be required if the Zoning Administrator is the decision-maker for the Development Plan.

1)

The Zoning Administrator shall hold at least one noticed public hearing on the requested Final Development Plan and approve, conditionally approve, or deny the request.

2)

Notice of the hearing shall be given in compliance with Section 35-181 (Noticing).

3)

The action of the Zoning Administrator is final subject to appeal in compliance with Section 35-182 (Appeals). Any denial shall be accompanied by an explanation of project revisions required in order that the project may be approved.

5.

Upon approval of the Demolition and Reclamation Permit or upon abandonment of operations, whichever occurs later, the Demolition and Reclamation Permit shall supersede any discretionary use permit issued for construction and operation of the facilities.

Section 35-170.12 Findings Required for Approval of a Demolition and Reclamation Permit.

A Demolition and Reclamation Permit shall only be approved if all of the following findings are made:

1.

That significant adverse impacts to the environment due to demolition and reclamation are mitigated to a level of insignificance or, where impacts cannot feasibly be mitigated to insignificance, they are mitigated to the maximum extent feasible.

2.

That, where applicable, streets and highways are adequate and properly designed to carry the type and quantity of traffic generated by the proposed demolition and reclamation.

3.

That any conditions placed upon the operator or responsible party for assessment or remediation of soil or water contamination fully conform with the permitting process and requirements of the Regional Water Quality Control Board and the Santa Barbara County Fire Department.

4.

That the proposed reclamation will not be detrimental to the health, safety, comfort, convenience, and general welfare of the neighborhood, and will not be incompatible with the surrounding area.

That the site will be restored to natural conditions unless any of the following conditions apply:

a.

Areas within the site are subject to approved development, in which case restoration and landscaping of these areas will conform to the newly permitted development. In cases where development is proposed but not yet permitted, restoration of affected areas to natural conditions may be waived, provided that such development is permitted within five years and the permittee has posted financial assurances acceptable to the Director to assure restoration to natural conditions if the proposed development is not permitted.

b.

Areas within the site are subject to agricultural uses that do not require a County permit, in which case the restoration will conform to conditions appropriate for such agricultural uses where they occur.

For purposes of this finding, the Director may allow abandonment in-place of specific improvements such as retaining walls or emergency access roads if the Director finds that their removal would be detrimental to the health, safety or welfare of the public or the environment (e.g., undesired destabilization of slopes due to removal of a retaining wall, or eliminating a needed public evacuation route).

6.

That any retention of improvements to land has been duly permitted in accordance with the County Code where permits are required.

7.

That the proposed reclamation will leave the site in a condition that is compatible with any existing easements or dedications for public access through, or public use of a portion of the property.

8.

That the permit conditions contain specific enforceable requirements to ensure the timely closure of the host site and completion of post-closure activities.

Section 35-170.13 Performance Standards for Demolition and Reclamation Permits.

1.

All equipment shall be cleaned of oil or other contaminants prior to dismantlement in order to reduce any risk of contamination of soils or water during demolition of the facility to the maximum extent feasible. Where applicable, the permittee shall prepare and submit a Spill Contingency Plan to the Fire Department. This plan shall identify measures to prevent and contain spills during dismantling and removal of facilities, as well as how spills will be cleaned up once they have occurred..

2.

The permittee shall obtain all other necessary permits from other agencies and, where applicable, submit proof of permits issued by the California Division of Oil, Gas, and Geothermal Resources to plug and

abandon wells or to inject waste water for purposes of disposal into any State oil and gas field prior to issuance of the Demolition and Reclamation Permit.

3.

The demolition and reclamation shall be adequately monitored by a qualified individual, funded by the permittee and retained by the County, to ensure compliance with those conditions designed to mitigate anticipated significant, adverse effects on the environment and to provide recommendation in instances where effects were not anticipated or mitigated by the conditions in the permit. Pre- and post-reclamation surveys of sensitive resources shall be employed as appropriate to measure compliance.

4.

Topsoil shall be stockpiled, covered, and saved for use as topsoil when excavated areas are back-filled, unless such soil is treated onsite or removed for offsite disposal due to contamination.

5.

If appropriate, truck traffic transporting materials to and from the site shall avoid arriving or departing the site during the peak traffic hours of 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m. weekdays (or other peak-hour periods applicable to the location of the traffic).

6.

Adequacy of sight distance, ingress/egress and emergency access shall be verified by the Public Works Department and Fire Department.

7.

Measures shall be implemented to inhibit dust generation, where appropriate. Unavoidable generation of dust shall be kept to a minimum through effective controls.

8.

The permittee implements a viable recycling plan that meets County approval and includes provisions to maximize recycling of equipment, asphalt, and concrete, and to minimize disposal of wastes into hazardous waste and solid waste management facilities to the maximum extent feasible.

9.

Contouring of the land shall be compatible with the surrounding natural topography, unless otherwise approved to accommodate another permitted use or required drainages.

10.

Appropriate measures shall be implemented to control erosion both during and after site closure.

11.

Establishment of vegetation shall be in conformance with an approved revegetation plan and the following standards:

a.

In accordance with the County's Fire Plan, as implemented by the County Fire Department, all disturbed areas identified for vegetation shall be disked or ripped to an appropriate depth to eliminate compaction and establish a suitable root zone in preparation for planting, except where such requirement poses a significant adverse environmental impact.

b.

Native seeds and plants shall be used when returning the area to natural conditions. The Director shall define an acceptable geographic area from which genetically compatible, native-seed stocks may be selected for site restoration in order to protect the genetic integrity and the habitat value of the site and its surrounding area. Other seeds, such a pasture mix, shall be allowed in areas designated for such use.

Conditions that indemnify the County.

d.

Where applicable, conditions that specify the County's authority to require abatement of public nuisances or require mitigation of environmental impacts that may occur prior to issuance of a Demolition and Reclamation Permit.

e.

Where applicable, conditions that require oil spill prevention, preparedness, and response.

f.

Where applicable, conditions that require emergency preparedness and response.

g.

Where applicable, conditions that require safety inspections, maintenance, and quality assurance.

h.

Where applicable, conditions that require site security.

i.

Where applicable, conditions that require fire prevention, preparedness, protection and response.

j.

Where applicable, conditions that require payment of fees, including fees that provide mitigation for ongoing impacts to the environment (e.g., payments to the Coastal Resource Enhancement Fund).

k.

Substantive conditions that address abandonment; however procedural requirements for abandonment, demolition, and reclamation shall conform to Section 35-170 of this Chapter.

Upon revocation of entitlements in a use permit, the Director shall notify the owner or operator and include a list of permit conditions that remain in full or partial force.

2.

All use permits issued under this ordinance, or under any preceding zoning ordinance, shall be automatically revised to remove any entitlement to continue the use of any independent business function of a permitted land use determined to be abandoned in accordance with Section 35-170. However, permit conditions necessary to ensure continued protection of public and environmental health, safety and welfare, such as those identified in Section 35-170.14.1, shall continue in full force and effect.

3.

The permittee shall have a grace period of two years from the date of revocation of entitlements in use permits in order to secure a Demolition and Reclamation Permit. The Director may extend the grace period no more than one year, cumulatively, for good cause, or for longer periods for delays attributable to circumstances beyond the permittee's control.

4.

Upon completion of the grace period, the abandoned land use or independent business function shall be treated as a deserted and illegal land use until such time that the permittee secures approval of a Demolition and Reclamation Permit.

Section 35-170.15 Expiration of a Demolition and Reclamation Permit.

1.

Requirements. The permittee shall complete all requirements of the Demolition and Reclamation Permit prior to the expiration of the permit, including any extensions thereof. Failure to do so shall constitute a violation of this Article.

2.

Term. Demolition and Reclamation Permits shall expire upon issuance of a "Reclamation Complete" letter by the Director, which shall be issued upon the satisfactory completion of the required work, or seven years after the date of issuance, whichever occurs sooner. Director's "Reclamation Complete" letter shall certify completion of all required work except for remediation of contamination, which is certified by other agencies.

3.

Extensions. The Director may extend the expiration date of the permit without penalty if the closure or revegetation of the site was delayed by circumstances reasonably beyond the permittee's control. Otherwise, Director may extend the expiration date of the permit with penalties, pursuant to Section 35-185 of this Article, in order to realize completion of all site closure and post-closure requirements. If the permittee requests a time extension for this project, the Director may revise the Demolition and Reclamation Permit to revise conditions and mitigating measures or to add new conditions and mitigating measures, which reflect changed circumstances, including newly identified impacts.

Section 35-170.16 Post Approval Procedures. (Added by Ord. 4811, 11/14/2013)

Changes to an approved Demolition and Reclamation Permit shall be processed as follows:

1.

Substantial Conformity. The Director may approve a minor change to an approved Demolition and Reclamation Permit if the Director first determines, in compliance with the County's Substantial Conformity Determination Guidelines (see Appendix B), that the change is in substantial conformity with the approved permit.

a.

1)

Development that may be appealed to the Coastal Commission.

a)

The Department shall review the applications in compliance with the requirements of the California Environmental Quality Act.

The Department shall refer the applications to the Board of Architectural Review and the Subdivision/Development Review Committee for review and recommendations to the decision-maker. This requirement may be waived by the Director if the Director determines that the requirement is unnecessary.

c)

Notice shall be given in compliance with Section 35-181.2 (Notice of Public Hearing and Decision-Maker Action).

d)

Action and appeal.

i)

The Zoning Administrator shall hold at least one noticed public hearing on the application for the Amendment and the application for the Coastal Development Permit and approve, conditionally approve, or deny the request.

ii)

Notice of the time and place of the hearing shall be given and the hearing shall be conducted in compliance with Section 35-181 (Noticing).

iii)

The action of the Zoning Administrator is final subject to appeal in compliance with Section 35-182 (Appeals).

e)

Findings for the Amendment. The application for the Amendment shall be approved or conditionally approved only if the Director first makes all of the following additional findings:

i)

That the findings required for approval of the Demolition and Reclamation Permit, including any environmental review findings made in compliance with the California Environmental Quality Act, that were previously made when the Demolition and Reclamation Permit was initially approved are still applicable to the project with the addition of the development proposed by the application for the Amendment.

ii)

That the environmental impacts related to the development proposed by the application for the Amendment are determined to be substantially the same or less than those identified during the processing of the previously approved Demolition and Reclamation Permit.

f)

Findings for the Coastal Development Permit. The application for the Coastal Development Permit shall be approved or conditionally approved only if the Zoning Administrator first makes all of the findings required in compliance with Subsection 35-169.5.2.

2)

Development that may not be appealed to the Coastal Commission.

a)

The Department shall review the applications in compliance with the requirements of the California Environmental Quality Act.

b)

The Department shall refer the applications to the Board of Architectural Review and the

Subdivision/Development Review Committee for review and recommendations to the decision-maker. This requirement may be waived by the Director if the Director determines that the requirement is unnecessary.

c)

Notice shall be given in compliance with Section 35-181.2 (Notice of Public Hearing and Decision-Maker Action).

d)

Action and appeal.

i)

The Director shall review the applications for the Amendment and for the Coastal Development Permit for compliance with the Comprehensive Plan, the Local Coastal Program including this Article, applicable community and area plans, and other applicable conditions and regulations, and approve, conditionally approve, or deny the request. A public hearing shall not be required before the Director takes action on an application for an Amendment.

ii)

The action of the Director is final subject to appeal in compliance with Section 35-182 (Appeals).

e)

Findings for the Amendment. The application for the Amendment shall be approved or conditionally approved only if the Director first makes all of the following additional findings:

i)

the Final Development Plan was initially approved are still applicable to the project with the addition of the development proposed by the applications for the Amendment.

ii)

That the environmental impacts related to the development proposed by the applications for the Amendment and the Coastal Development Permit are determined to be substantially the same or less than those identified during the processing of the previously approved Conditional Use Permit or Final Development Plan.

f)

d.

Permit required prior to commencement of development. Prior to commencement of the development and/or use authorized by the Amendment, the issuance of a Coastal Development Permit or Land Use Permit shall be required in compliance with the following.

1)

Coastal Development Permit required. If the proposed development and/or use proposed to be allowed by the Amendment is not located within the retained permit jurisdiction of the Coastal Commission, or in areas where the County's Local Coastal Program has not been certified by the Coastal Commission, then the issuance of a Coastal Development Permit in compliance with the following is required.

a)

Development that may be appealed to the Coastal Commission. A Coastal Development Permit approved in compliance with Subsection 2.c, above, shall not be issued and deemed effective:

i)

Prior to the expiration of the appeal period or, if appealed, prior to final action on the appeal by the decision-maker, including the Coastal Commission, in compliance with Section 35-182 (Appeals).

ii)

Until all conditions of the Coastal Development Permit that are required to be satisfied prior to the issuance of the Coastal Development Permit have been satisfied.

iii)

Until all necessary prior approvals have been obtained.

iv)

Until the applicant has signed the Coastal Development Permit.

v)

b)

Development that may not be appealed to the Coastal Commission. A Coastal Development Permit approved in compliance with Subsection 2.c, above, shall not be issued and deemed effective:

i)

Prior to expiration of the appeal period or, if appealed, prior to final action on the appeal by the decisionmaker in compliance with Section 35-182 (Appeals).

ii)

Until all conditions of the Coastal Development Permit that are required to be satisfied prior to the issuance of the Coastal Development Permit have been satisfied.

iii)

Until all necessary prior approvals have been obtained.

iv)

For applications for grading of individual building pads on lands located within the Summerland Community Plan area, until the structure that will utilize the building pad has received final Board of Architectural Review approval in compliance with Section 35-184 (Board of Architectural Review).

v)

Until the applicant has signed the Coastal Development Permit.

2)

Land Use Permit required. If the development and/or use allowed by the Amendment is located within the retained permit jurisdiction of the Coastal Commission, or in areas where the County's Local Coastal Program has not been certified by the Coastal Commission, then the issuance of a Land Use Permit in compliance with Section 35-178 (Land Use Permits) shall be required. The Land Use Permit shall not be issued and deemed effective:

i)

Prior to expiration of the appeal period or, if appealed, prior to final action on the appeal by the decisionmaker in compliance with Section 35-182 (Appeals).

ii)

Until all conditions of the Land Use Permit that are required to be satisfied prior to the issuance of the Land Use Permit have been satisfied.

iii)

Until all necessary prior approvals have been obtained.

iv)

Until approval of a Coastal Development Permit by the Coastal Commission has been obtained.

e.

Expiration of Demolition and Reclamation Permit not revised. Where a minor change to an approved Demolition and Reclamation Permit is approved by the approval of an Amendment, the Demolition and Reclamation Permit shall have the same effective and expiration dates as the original Demolition and Reclamation Permit.

3.

Revisions.

a.

A Revised Demolition and Reclamation Permit shall be required for changes to a Demolition and Reclamation Permit where the findings cannot be made in compliance with Section 35-174.10.2 for Amendments and substantial conformity in compliance with Section 35-174.10.1 cannot be determined.

b.

A Revised Demolition and Reclamation Permit shall be processed in the same manner as a new Demolition and Reclamation Permit.

Section 35-171. - Emergency Permits.

Section 35-171.1 Purpose and Intent.

The purpose of this section is to establish procedures for the issuance of Emergency Permits. The intent of this section is to alter the procedures for permit processing, and the permit requirements of this Article, in the case of an emergency.

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

Section 35-171.2 Applicability

When emergency action by a person or public agency is warranted, the requirements of obtaining a Coastal Development Permit otherwise required by this Article may be temporarily deferred by the Director, and the Director may grant an Emergency Permit prior to a Coastal Development Permit or other required discretionary permit.

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

Section 35-171.3 Application Procedures.

1.

Method. Applications in cases of emergencies shall be made to the Director by letter if time allows, and by telephone or in person if time does not allow.

2.

Information required. Applications should contain the following information:

The nature of the emergency;

The cause of the emergency;

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

The location of the emergency;

d)

The remedial, protective, or preventive work required to deal with the emergency;

e)

Where applicable, the circumstances during the emergency that appeared to justify any course(s) of action undertaken, including a description of that course of action and the probable consequences of failing to take action;

f)

The identities of other public agencies alerted to the emergency;

g)

The access routes to the emergency site(s);

h)

The identities of, and means of contact with, the individual(s) directing the emergency action;

i)

Disclosure of whether or not the applicant has made any prior or concurrent request to the California Coastal Commission for an emergency waiver of permit requirements pursuant to Public Resources Code Section 30611; and

j)

Any other reasonable information which the Director deems necessary to evaluate the application.

Section 35-171.4 Verification of Emergency. (Amended by Ord. 4227, 06/18/1996)

The Director shall verify the facts, including the existence and nature of the emergency, prior to granting the Emergency Permit.

Section 35-171.5 Procedure for Granting Permit (Amended by Ord. 4227, 06/18/1996)

1.

A public notice of the emergency work shall be mailed to property owners within 300 feet of the subject property and residents within 100 feet of the subject property and such notice shall be posted in three locations on the project site. Notice is not required to precede commencement of emergency work.

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

2.

The Director may grant an Emergency Permit upon reasonable terms and conditions, including an expiration date, a requirement for a subsequent Coastal Development Permit, and a requirement for any discretionary permit required by this Article, if the Director finds that:

a.

An emergency exists and requires action more quickly than provided for by the procedures for permit processing, and the action will be completed within 30 days unless otherwise specified by the terms of the permit; and

b.

Public comment on the proposed emergency action has been reviewed; and

c.

The action proposed is consistent with the requirements of the Coastal Land Use Plan and Coastal Zoning Ordinance.

3.

The issuance of an Emergency Permit shall not constitute an entitlement to the erection of permanent structures. An application for a Coastal Development Permit and any discretionary permit required by this Article shall be made no later than 30 days following the granting of an Emergency Permit; any materials required for a completed application shall be submitted within 90 days after the issuance of the emergency permit, unless this time period is extended by the Planning and Development Department.

(Amended by Ord. 4094, 04/06/1993; Ord. 4227, 06/18/1996)

The Director shall not issue an Emergency Permit for any work that falls within the provisions of Public Resources Code Section 30519(b) or is in conflict with the provisions of Public Resources Code Section 30624.

Section 35-171.6 Reporting Requirements of the Director.

1.

The Director shall report, in writing, to the California Coastal Commission and to the Board of Supervisors at its first scheduled meeting after the Emergency Permit has been issued, the nature of the emergency and the work involved. Copies of this report shall be available at the meeting and shall be mailed to all persons who have requested such notification in writing.

2.

The report of the Director shall be informational only; the decision to issue an Emergency Permit is solely at the discretion of the Director subject to the provisions of Section 35-171 et seq.

Section 35-172. - Conditional Use Permits.

(Amended by Ord. 4594, 03/05/2008; Ord. 4595, 03/05/2008)

Section 35-172.1 Purpose and Intent.

The purpose of this section is to provide for uses that are essential or desirable but cannot be readily classified as principal permitted uses in individual districts by reason of their special character, uniqueness of size or scope, or possible effect on public facilities or surrounding uses. The intent of this section is to provide the mechanism for requiring specific consideration of these uses.

Section 35-172.2 Applicability.

The provisions of this section shall apply to those uses listed below under Section 35-172.4 and .5, and those uses listed in the "Uses Permitted with a Conditional Use Permit" section of the various zone districts, Division 8, Services, Utilities and Other Related Facilities and Division 9, Oil and Gas Facilities.

Section 35-172.3 Jurisdiction.

1.

The Zoning Administrator shall have jurisdiction for all Minor Conditional Use Permits and the Planning Commission shall have jurisdiction for all Major Conditional Use Permits.

Section 35-172.4. Minor Conditional Use Permits.

The following uses may be permitted in any zone district in which they are not otherwise permitted, with a Minor Conditional Use Permit, provided the Zoning Administrator can make the findings set forth in Section 35-172.9 (Findings).

Fences, walls, gates and gateposts pursuant to Section 35-123 (Fences, Walls, Gates and Gateposts).

2.

Special Care Homes in compliance with Section 35-143 (Community Care Facilities).

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

3.

Animals, use of property for animals different in kind or greater in number than otherwise permitted in this Article, except as provided in Section 35-144H (Wildlife Species Rehabilitation).

4.

Communication facilities, as specified in and governed by Section 35-144F.

5.

Day care centers serving adults in compliance with Section 35-143 (Community Care Facilities).

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

6.

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

(Ord. No. 5168, § 21, 11-29-2022)

Section 35-172.5 Major Conditional Use Permits.

The following uses may be permitted provided the Planning Commission can make the findings set forth in Section 35-172.8 (Findings).

1.

Except for the AG-I, AG-II, Residential Ranchette and Resource Management Districts, the following uses may be permitted in any district that they are not otherwise permitted, with a Major Conditional Use Permit.

Clinics.

b.

Club.

Conference center.

Country clubs.

e.

Hospitals, sanitariums nursing homes, and rest homes.

Library.

Mausoleum.

Mortuary, crematory or funeral home.

Museum.

2.

The following uses may be permitted in any district that they are not otherwise permitted, with a Major Conditional Use Permit.

Airstrip - temporary.

Cemetery.

Church.

d.

Drive-through facilities for a use otherwise permitted in the zone district subject to the provisions of Section 35-172.13.

e.

Educational facilities, not including child care facilities.

Eleemosynary and philanthropic institutions (except when human beings are housed under restraint).

g.

Extraction and processing of natural, carbonated or mineral waters for sale including but not limited to, storage, bottling and shipping operations.

Fairgrounds.

Golf courses and driving ranges.

Helistops.

k.

Communication facilities, as specified in and governed by Section 35-144F.

l.

Mining, extraction and quarrying of natural resources, except gas, oil and other hydrocarbons subject to the provisions of Section 35-177 (Reclamation Plans).

m.

Polo fields and playing field for outdoor sports.

Rodeo.

o.

Sea walls, revetments, groins and other shoreline structures subject to the provisions of Section 35-172.13.

p.

Stable, commercial (including riding and boarding).

q.

Certified Farmer's Market incidental to a conference center, club facility, fairground, church, school, or governmental or philanthropic institution.

r.

Public safety facility.

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

Section 35-172.6 Contents of Application.

1.

As many copies of a Conditional Use Permit application as required by the Director shall be submitted to the Planning and Development Department. Said application shall contain all or as much of the submittal requirements for a Development Plan (Section 35-174.5) as are applicable to the request.

a.

If an application for a Conditional Use Permit is submitted for a property located in the Coastal Zone, then an application for a Coastal Development Permit for the development requested by the Conditional Use Permit application shall also be submitted and shall be processed concurrently and in conjunction with Conditional Use Permit application except as follows:

1)

The Coastal Commission approves the Coastal Development Permit when the development is located:

a)

Within the retained permit jurisdiction of the Coastal Commission pursuant to Public Resources Code Section 30519(b); or

b)

In areas where the County's Local Coastal Program has not been certified by the Coastal Commission.

The application for the Coastal Development Permit shall contain all of the submittal requirements for a Coastal Development Permit (Section 35-169) that the Director of the Planning and Development Department determines to be applicable to the request.

2.

In the case of a Conditional Use Permit application where the project is subject to Development Plan requirements (Section 35-174), a Development Plan shall be required in addition to obtaining a Conditional Use Permit except for those uses listed in Section 35-172.6.3. Notwithstanding the requirements of Section 35-144B (General Regulations - Applications That Are Within The Jurisdiction Of More Than One Final Decision Maker) and Section 35-174 (Development Plans), if the Conditional Use Permit would be under the jurisdiction of the Zoning Administrator, then the development plan shall also be under the jurisdiction of the Zoning Administrator provided:

a.

The use of the site proposed to be allowed by the Conditional Use Permit is the only proposed use of the site, or

On a developed site, no new development is proposed beyond that applied for under the minor Conditional Use Permit.

3.

A Development Plan shall not be required in addition to a Conditional Use Permit for the following:

a.

b.

On a developed site, no new development is proposed beyond that applied for under the Minor Conditional Use Permit.

11.

If a Revised Conditional Use Permit is required as provided in Section 35-172.11, it shall be processed in the same manner as the original permit. When approved by the decision-maker, such revised permit shall automatically supersede any previously approved permit.

Section 35-172.8 Findings Required for Approval.

A Conditional Use Permit application shall only be approved or conditionally approved only if decisionmaker first makes all of the following findings:

1.

That the site for the project is adequate in size, shape, location and physical characteristics to accommodate the type of use and level of development proposed.

2.

That adverse environmental impacts are mitigated to the maximum extent feasible.

3.

That streets and highways are adequate and properly designed to carry the type and quantity of traffic generated by the proposed use.

4.

That there are adequate public services, including but not limited to fire protection, water supply, sewage disposal, and police protection to serve the project.

5.

That the project will not be detrimental to the health, safety, comfort, convenience, and general welfare of the neighborhood and will not be incompatible with the surrounding area.

6.

That the project is in conformance with the applicable provisions and policies of this Article and the Coastal Land Use Plan.

That in designated rural areas the use is compatible with and subordinate to the scenic and rural character of the area.

8.

That the project will not conflict with any easements required for public access through, or public use of the property.

9.

That the proposed use is not inconsistent with the intent of the zone district.

Section 35-172.9 Requirements Prior to Commencement of Conditionally Permitted Uses and Permit Expiration. (Amended by Ord. 4811, 11/14/2013; Ord. 4888, 10/10/2014)

1.

Prior to the commencement of the development and/or authorized use permitted by the Conditional Use Permit, a Coastal Development Permit and a Land Use Permit and/or Zoning Clearance, as applicable, authorizing such development and/or use shall be issued.

2.

Permits required.

a.

Coastal Development Permit required. A Coastal Development Permit shall be issued prior to the commencement of the development and/or authorized use allowed by the Conditional Use Permit either by:

1)

The County in compliance with Section 35-169 (Coastal Development Permits), or

2)

The Coastal Commission when the development is located:

a)

Within the retained permit jurisdiction of the Coastal Commission in compliance with Public Resources Code Section 30519(b); or

b)

a)

The time limit in which the required Land Use Permit or Zoning Clearance, as applicable, has expired unless an application for a Time Extension is submitted prior to the expiration of the time limit and subsequently approved or conditionally approved in compliance with Section 35-179B (Time Extensions), or

b)

The Coastal Development Permit approved in conjunction with the Conditional Use Permit has expired.

b.

Conditional Use Permits with approved phasing plans. If at the time of approval of a Conditional Use Permit the Conditional Use Permit includes a phasing plan for development of the project authorized by the Conditional Use Permit, then the required Land Use Permit, or Zoning Clearance, as applicable, shall be issued within the time limit(s) established by the phasing plan. The phasing plan shall include a timeline within which each project component shall be constructed and the conditions of approval that must be satisfied prior to each phase of construction.

The time limit may be extended only by revising the phasing plan for development of the project authorized by the Conditional Use Permit in compliance with Section 35-172.11 (Substantial Conformity, Amendments and Revisions).

2)

If the required time limit(s) in which the required Land Use Permit or Zoning Clearance for the first phase of the project authorized by the Conditional Use Permit shall be issued has expired and an application to revise the phasing plan has not been submitted, then the Conditional Use Permit shall be considered void and of no further effect.

3)

If the required time limit(s) in which the required Land Use Permit or Zoning Clearance for any subsequent phase of the project authorized by the Conditional Use Permit shall be issued has expired and an application to revise the phasing plan has not been submitted, then:

a)

The Conditional Use Permit shall be considered void and of no further effect as to that phase and any subsequent phase(s) of the project.

b)

The Conditional Use Permit is automatically revised to eliminate phases of project from the project authorized by the Conditional Use Permit that are considered void and of no further effect in compliance with Subsection 3.b.3)a), above.

4)

A Coastal Development Permit shall be processed concurrently and in conjunction with a Conditional Use Permit with a phasing plan in compliance with Section 35- 169.4.3.a.1.

5)

A Conditional Use Permit with an approved phasing plan shall be considered to be void and of no further effect if the associated Coastal Development Permit has expired.

6)

The time limit(s) specified in the phasing plan shall require that all required Land Use Permits shall be issued within 10 years of the effective date of the Conditional Use Permit.

(Added by Ord. 4884, 09/08/2016)

a)

This 10 year period may be extended by the Planning Commission provided an application for a Time Extension is submitted in compliance with Section 35-179B (Time Extensions).

4.

Conditional Use Permit void due to discontinuance of use. A Conditional Use Permit shall become void and of no further effect if the development and/or authorized use allowed by the Conditional Use Permit is discontinued for a period of more than 12 months unless an application for a Time Extension is submitted prior to the expiration of the 12 month period and subsequently approved or conditionally approved in compliance with Section 35-179B (Time Extensions).

a.

The application for the Time Extension shall include a statement of the reasons why the Time Extension is requested.

Section 35-172.10 Revocation. ¶

If the decision-maker with jurisdiction over the project determines at a noticed public hearing pursuant to Section 35-181 (Noticing) that the permittee is not in compliance with one or more of the conditions of the Conditional Use Permit, the decision-maker with jurisdiction over the project may revoke the Conditional Use Permit or direct that the permittee apply for an Amendment or Revision pursuant to Section 35-172.11.

Section 35-172.11 Substantial Conformity, Amendments and Revisions. (Amended by Ord. 4811, 11/14/2013)

Changes to a Conditional Use Permit shall be processed as follows:

1.

Substantial Conformity. The Director may approve a minor change to an approved Conditional Use Permit if the Director first determines, in compliance with the County's Substantial Conformity Guidelines (see Appendix B), that the change is in substantial conformity with the approved Conditional Use Permit.

a.

Contents of application. An application for a Substantial Conformity Determination shall be submitted in compliance with Section 35-57A (Application Preparation and Filing).

b.

Processing.

1)

Notice of the application or pending decision on a Substantial Conformity Determination is not required.

3)

The action of the Director is final and not subject to appeal, including an appeal to the Coastal Commission.

4)

If a Coastal Development Permit was processed concurrently with the Conditional Use Permit under review, then a change to the Conditional Use Permit may also require approval of a minor change to the associated Coastal Development Permit in compliance with Section 35-169.10 (Minor Changes to Coastal Development Permits).

c.

1)

d.

Expiration of Conditional Use Permit not revised. Where a minor change to an approved Conditional Use Permit is approved by the approval of a Substantial Conformity Determination, the Conditional Use Permit shall have the same effective and expiration dates as the original Conditional Use Permit.

2.

Amendments. Where the Director is unable to determine that a requested change to an approved Conditional Use Permit is in substantial conformity with the approved permit in compliance with Subsection 1, above, the Director may instead amend a Conditional Use Permit in compliance with the following.

a.

Contents of application. An application for an Amendment shall be submitted in compliance with Section 35-57A (Application Preparation and Filing).

1)

An application for a Coastal Development Permit for the development requested by the Amendment application shall also be submitted and shall be processed concurrently and in conjunction with

Amendment application except when the Coastal Commission approves the Coastal Development Permit because:

a)

The development is located within the retained permit jurisdiction of the Coastal Commission, or

b)

The project is located in an area of the County where the County's Local Coastal Program has not been certified by the Coastal Commission.

b.

Area under review. The Director shall determine that the location within the project site that is the subject of the application for the Amendment either:

1)

2)

c.

Processing.

1)

The Department shall review the applications in compliance with the requirements of the California Environmental Quality Act.

2)

3)

Notice shall be given in compliance with Section 35-181.2 (Notice of Public Hearing and Decision-Maker Action).

Action and appeal.

a)

The Zoning Administrator shall hold at least one noticed public hearing the application for the Amendment and the application for the Coastal Development Permit and approve, conditionally approve, or deny the request.

b)

Notice of the time and place of the hearing shall be given and the hearing shall be conducted in compliance with Section 35-181 (Noticing).

c)

The action of the Zoning Administrator is final subject to appeal in compliance with Section 35-182 (Appeals).

5)

Findings.

a)

Amendment. The application for the Amendment shall be approved or conditionally approved only if the Zoning Administrator first makes all of the following findings:

i)

That the findings required for approval of the Conditional Use Permit, including any environmental review findings made in compliance with the California Environmental Quality Act, that were previously made when the Conditional Use Permit was initially approved remain valid to accommodate the project as revised with the new development proposed by the applications for the Amendment and the Coastal Development Permit.

ii)

b)

Coastal Development Permit. The application for the Coastal Development Permit shall be approved or conditionally approved only if the Zoning Administrator first makes all of the findings required in compliance with Subsection 35-169.5.2.

d.

Permit required prior to commencement of development. Prior to commencement of the development and/or use authorized by the Amendment, the issuance of a Coastal Development Permit or a Land Use Permit shall be required in compliance with the following:

1)

a)

A Coastal Development Permit approved in compliance with Subsection 2.c, above, shall not be issued and deemed effective:

i)

Prior to the expiration of the appeal period or, if appealed, prior to final action on the appeal by the decision-maker, including the Coastal Commission, in compliance with Section 35-182 (Appeals).

ii)

Until all conditions of the Coastal Development Permit that are required to be satisfied prior to the issuance of the Coastal Development Permit have been satisfied.

iii)

Until all necessary prior approvals have been obtained.

iv)

Until the applicant has signed the Coastal Development Permit.

v)

2)

Prior to the expiration of the appeal period or, if appealed, prior to final action on the appeal by the decision-maker in compliance with Section 35-182 (Appeals).

2)

Until all conditions of the Land Use Permit that are required to be satisfied prior to issuance of the Land Use Permit have been satisfied.

3)

Until all necessary prior approvals have been obtained.

4)

For applications for grading of individual building pads on property located within the Summerland Community Plan area, until the structure that will utilize the building pad has received final Board of Architectural Review approval in compliance with Section 35-184 (Board of Architectural Review).

5)

Until the approval of a Coastal Development Permit by the Coastal Commission has been obtained.

e.

Expiration of Conditional Use Permit not revised. Where a minor change to an approved Conditional Use

Permit is approved by the approval of an Amendment, the Conditional Use Permit shall have the same effective and expiration dates as the original Conditional Use Permit.

3.

Revisions.

a.

A Revised Conditional Use Permit shall be required for changes to an approved Conditional Use Permit where the findings set forth in Section 35-172.11.2 for Amendments cannot be made and substantial conformity cannot be determined.

b.

A Revised Conditional Use Permit shall be processed in the same manner as a new Conditional Use Permit.

Section 35-172.12 Conditions, Restrictions, and Modifications.

1.

At the time the Conditional Use Permit is approved, or subsequent Amendments or Revisions are approved, the Director, Zoning Administrator, Planning Commission or Board of Supervisors may modify the building height limit, number of stories, distance between buildings, setback, yard, parking, building coverage, landscaping or screening requirements specified in the applicable zone district when the Director, Zoning Administrator, Planning Commission or Board of Supervisors finds the project justifies

such modifications and is consistent with the Comprehensive Plan and the intent of other applicable regulations and guidelines.

2.

As a condition of approval of any Conditional Use Permit, or of any subsequent Amendments or Revisions, the Director, Zoning Administrator, Planning Commission or Board of Supervisors may impose any appropriate and reasonable conditions or require any redesign of the project as they may deem necessary to protect the persons or property in the neighborhood, to preserve the neighborhood character, natural resources or scenic quality of the area, to preserve or enhance the public peace, health, safety, and welfare, or to implement the purposes of this Article.

3.

The Director, Zoning Administrator, Planning Commission or Board of Supervisors may require as a condition of approval of any Conditional Use Permit, or of any subsequent Amendments or Revisions, the preservation of trees existing on the property.

Section 35-172.13 Additional Requirements.

In addition to the provisions set forth above, the following uses shall be subject to additional requirements as set forth below:

1.

Mortuaries, Crematories, and Funeral Homes. Subject to the issuance of a Conditional Use Permit, mortuaries, crematories, and funeral homes may be permitted in the following locations:

a.

Within cemeteries operating under a valid use permit;

b.

On any parcel of land abutting such a cemetery; or

c.

On property zoned to permit multiple family dwellings where such property abuts upon or is directly across the street from property zoned for industrial purposes.

Drive-Through Facilities. In considering an application for such a Conditional Use Permit, the findings in Section 35-172.8, shall not be used and the permit shall be granted only if the drive-through facility is found to have no greater adverse impact upon air quality than the same use without the drive-through facility.

Section 35-173. - Variances.

Section 35-173.1 Purpose and Intent.

The purpose and intent of this section is to allow variances from the strict application of the provisions of this Article where, because of exceptional conditions such as the size, shape, unusual topography, or other extraordinary situation or condition of such piece of property, the literal enforcement of this Article would impose practical difficulties or would cause undue hardship unnecessary to carry out the intent and purpose of this zoning ordinance.

Section 35-173.2 Applicability.

1.

The provisions of this section shall apply to all zone districts.

Where, because of unusual circumstances applicable to the lot such as size, shape, topography, location or surroundings, the strict application of the zoning regulations to land, buildings and structures would deprive such property of privileges enjoyed by other property in the vicinity with identical zoning, variances may be granted except that:

a.

In no case shall a variance be granted to permit a use or activity which is not otherwise permitted in the district in which the property is situated.

b.

In no case shall a variance from the procedural regulations of this Article be granted.

c.

In no case shall a variance from the required number of parking spaces be granted as provided in Section 35-76, Medium Density Student Residential, Section 35-77, High Density Student Residential, and Section 35-102A, Single Family Restricted Overlay District.

Section 35-173.3 Jurisdiction.

Upon making the findings required under this section, the Zoning Administrator may approve or conditionally approve variances to the regulations applicable to physical standards for land, buildings, and structures contained in this Article.

Section 35-173.4 Contents of Application.

As many copies of a variance application as may be required shall be submitted to the Planning and Development Department. Said application shall contain full and complete information as required pertaining to the request.

Section 35-173.5 Processing.

1.

The Zoning Administrator shall hold at least one noticed public hearing on the requested variance and either approve, conditionally approve, or deny the request. Notice of the time and place of said hearing shall be given in the manner prescribed in Section 35-181 (Noticing).

2.

The Zoning Administrator, in granting said variance, may require such conditions as deemed necessary to assure that the intent and purpose of this Article and the public health, safety, and welfare will be promoted.

3.

The action of the Zoning Administrator is final subject to appeal in compliance with Section 35-182 (Appeals).

Section 35-173.6 Findings Required for Approval.

A variance shall only be approved if all of the following findings are made:

1.

Because of special circumstances applicable to the property, including but not limited to size, shape, topography, location or surroundings, the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification.

2.

The granting of the variance shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated.

3.

That the granting of the variance will not be in conflict with the intent and purpose of this Article or the adopted Santa Barbara County Coastal Land Use Plan.

4.

The applicant agrees in writing to comply with all conditions imposed by the County.

Section 35-174. - Development Plans.

(Amended by Ord. 4594, 03/05/2008; Ord. 4595, 03/05/2008)

Section 35-174.1 Purpose and Intent.

The purpose of a Development Plan is to provide discretionary action for projects allowed by right within their respective zoning districts which, because of the type, scale, or location of the development, require comprehensive review.

Section 35-174.2 Applicability

1.

No permit shall be issued for any development, including grading, for any property subject to the provisions of this section until a Preliminary and/or Final Development Plan has been approved as provided below.

2.

The following shall be under the jurisdiction of the Director and shall be processed as set forth herein:

a)

In the Highway Commercial (CH), Limited Commercial (C-1), Retail Commercial (C-2), General Commercial (C-3), Industrial Research Park (M-RP), Light Industry (M-1), General Industry (M-2), Service Industrial Goleta (M-S-GOL), and Professional and Institutional (PI) zoning districts, Preliminary and Final Development Plans for buildings and structures which do not exceed a total of 10,000 square feet when

combined with all outdoor areas designated for sales or storage and existing buildings and structures on the site.

b)

In all zone districts, Final Development Plans for projects that were legally permitted and developed without an effective Development Plan where the project is now considered nonconforming due to the absence of a Development Plan provided that no revisions to the existing development are proposed in connection with the Final Development Plan application. If revisions to the existing development are proposed, then the application shall be processed as if it were an application for a new project and the jurisdiction shall be determined pursuant to Section 35-174.2.

c)

Communication facilities as specified in Section 35-144F.

d)

In all zones, Final Development Plans for projects where the Board of Supervisors, Planning Commission, Zoning Administrator, or Director approved the Preliminary Development Plan and the conditions of approval of the Preliminary Development Plan do not specify a decision-maker for the Final Development Plan other than the Director.

3.

The following shall be under the jurisdiction of the Zoning Administrator and shall be processed as set forth herein:

a)

In the Visitor Serving Commercial (CV) and Public Utilities (PU) zoning districts, Preliminary and Final Development Plans for buildings and structures which do not exceed a total of 15,000 square feet when combined with all outdoor areas designated for sales or storage and existing buildings and structures on the site.

b)

In the Highway Commercial (CH), Limited Commercial (C-1), Retail Commercial (C-2), General Commercial (C-3), Industrial Research Park (M-RP), Light Industry (M-1), General Industry (M-2), Service Industrial Goleta (M-S-GOL), and Professional and Institutional (PI) zoning districts, Preliminary and Final Development Plans for buildings and structures and outdoor areas designated for sales or storage that exceed 10,000 square feet but do not exceed 15,000 square feet.

c)

Communication facilities as specified in Section 35-144F.

All Development Plans outside the jurisdiction of the Director or the Zoning Administrator shall be within the jurisdiction of the Planning Commission.

5.

An applicant may file a Preliminary and then a Final Development Plan, or just a Final Development Plan. When only a Final Development Plan is filed, it shall be processed in the same manner as a Preliminary Development Plan.

6.

No portion of any property not included within the boundaries of the Development Plan shall be entitled to any development permits.

(Ord. No. 5194, § 32, 11-7-2023)

Section 35-174.3 Contents of Preliminary Development Plan.

1.

Unless the Planning Commission expressly waives the requirement, an application for a rezone to any district which is subject to the regulations of this section shall include a Preliminary Development Plan as part of the application. Upon Board of Supervisors' approval of the Rezoning and the Preliminary Development Plan, the Preliminary Development Plan may be made a part of the adopting ordinance amendment placing the new zone district regulations on the property.

2.

As many copies of a Preliminary Development Plan as may be required shall be submitted to the Planning and Development Department. Unless otherwise specifically waived by the Director, the information submitted as part of the Preliminary Development Plan shall consist of the following:

a.

A site plan of the proposed development drawn in graphic scale showing:

1)

Gross and net acreage and boundaries of the property.

2)

Location of areas of geologic, seismic, flood, and other hazards.

3)

Location of areas of prime scenic quality, habitat resources, archeological sites, water bodies and significant existing vegetation.

Location of all existing and proposed structures, their use, and square footage of each structure.

5)

All interior circulation patterns including existing and proposed streets, walkways, bikeways, and connections to existing or proposed arterial or connector roads and other major highways.

6)

Location of all utilities.

7)

Location and use of all buildings and structures within 50 feet of the boundaries of the property.

8)

Location and amount of land devoted to public purposes, open space, landscaping, and recreation.

9)

Location and number of parking spaces.

10)

All easements.

b.

A topographic map that meets Planning and Development requirements including existing natural and proposed contours.

c.

Proposed drainage system.

d.

Proposed (schematic) building elevations including building height(s) and other physical dimensions drawn in graphic scale.

e.

Statistical information including the following:

1)

Number and type of dwelling units in each building, i.e., single family dwelling, condominium, apartment, etc., and number of bedrooms in each unit.

Percentage of total net land area of the property devoted to landscaping and open space.

3)

Parking ratio - parking spaces per building square foot, number of employees or dwelling units, whichever is applicable.

4)

Building coverage of the site in terms of percentage of the total net land area.

5)

Estimated number of potential residents in each residential category.

6)

Number of employees and number of proposed new employees if applicable.

7)

Average slopes.

8)

History of water use on the property measured in acre feet per year for the preceding 10 years, when available.

f.

Aerial photograph of the property and surrounding parcels, when available.

g.

Demonstration of a validly created parcel and graphic configuration of such legal parcels.

h.

A statement of intent with respect to the establishment of utilities, services, and facilities including water, sewage disposal, fire protection, police protection, schools, transportation, i.e., proximity to public transit or provision of bike lanes, etc.

i.

Measures to be used to prevent or reduce nuisance effects, such as noise, dust, odor, smoke, fumes, vibration, glare, traffic congestion, and to prevent danger to life and property.

j.

If development is to occur in stages, the sequence and timing of construction of the various phases.

Proposed public access or recreational areas, trails, or streets to be dedicated to the County.

l.

Any other supplementary data requested by the Planning and Development Department.

Section 35-174.4 Processing of Preliminary Development Plan.

1.

For all development within the Coastal Zone proposed between Gaviota Beach State Park and the Santa Maria River, upon receipt of the Preliminary Development Plan, the Planning and Development Department shall transmit one copy of the plan to the Air Force Missile Flight Safety Office (WSMC-SE), USAF, Vandenberg. The Air Force may submit to the Planning and Development Department available information regarding missile debris hazards for the County to consider in reviewing the Preliminary Development Plan. Such information shall be provided to the County within 30 days of the date of transmittal and the County shall immediately send a copy to the applicant.

2.

After receipt of an application for a Preliminary Development Plan, the Planning and Development Department shall review the application in compliance with the requirements of the California Environmental Quality Act.

3.

The Planning and Development Department shall refer the application to the Subdivision/Development Review Committee and the Board of Architectural Review in compliance with Section 35-184 (Board of Architectural Review) for review and recommendation to the decision-maker.

(Amended by Ord. 4585, 11/22/2005)

4.

Notice, public hearing and decision.

a.

Preliminary Development Plans under the jurisdiction of the Director. A public hearing shall not be required if the Director is the decision-maker for the Preliminary Development Plan in compliance with Section 35174.2.

1)

Notice of the pending decision of the Director shall be given at least 10 days before the date of the Director's decision in compliance with Section 35-181 (Noticing).

2)

The Director may approve, conditionally approve, or deny the Preliminary Development Plan.

3)

The action of the Director is final subject to appeal in compliance with Section 35-182 (Appeals).

b.

Preliminary Development Plan under the jurisdiction of the Planning Commission or Zoning Administrator is the decision-maker on the Preliminary Development Plan. A public hearing shall be required if the Planning Commission or Zoning Administrator is the decision-maker on the Preliminary Development Plan.

1)

The decision-maker shall hold at least one noticed public hearing on the requested Preliminary Development Plan and approve, conditionally approve, or deny the request.

2)

The action of the decision-maker is final subject to appeal in compliance with Section 35-182 (Appeals)

5.

If the Preliminary Development Plan is processed in conjunction with a rezone application, the Planning Commission shall recommend approval, conditional approval, or denial of the Preliminary Development Plan, or Final Development Plan and Coastal Development Permit if applicable, to the Board of Supervisors.

6.

If a Revised Preliminary Development Plan is required as provided in Section 35-174.10, it shall be processed in the same manner as the original plan. When approved by the Board of Supervisors, Planning Commission, Zoning Administrator, or Director, such revised plan shall automatically supersede any previously approved plan.

Section 35-174.5 Contents of Final Development Plan.

1.

As many copies of the Final Development Plan as may be required shall be submitted to the Planning and Development Department. Unless specifically waived by the Director, the information submitted shall consist of the following:

a.

All information and maps required under Section 35-174.3, Preliminary Development Plan submittal.

b.

Floor plans of each building indicating ground floor area and total floor area of each building.

Proposed landscaping indicating type of irrigation proposed, irrigation plan indicating existing and proposed trees, shrubs, and ground cover, and delineating species, size, placement. Where the provisions of this Article require a Landscape Plan in conjunction with proposed development the following shall apply:

1)

The Planning and Development Department shall review the landscape plan and may approve or conditionally approve said plan. Said landscape plans shall be prepared by a registered landscape Architect.

2)

Prior to the issuance of the Coastal Development Permit for the development, a performance security, in an amount to be determined by the Planning and Development Department to guarantee the installation of plantings, walls, and fences, in accordance with the approved landscape plan, and adequate maintenance of the planting shall be filed with the County, if deemed necessary by the Planning and Development Department.

d.

Description of proposed Homeowners Association (if applicable), indicating major elements to be included in the CC&Rs, deeds, and restrictions and methods of open space maintenance.

e.

The proposed method of fulfilling all conditions of approval required on the Preliminary Development Plan.

f.

If an application for a Final Development Plan is submitted for a property located in the Coastal Zone, then an application for a Coastal Development Permit for the development requested by the Final Development Plan application shall also be submitted and shall be processed concurrently and in conjunction with the Final Development Plan application except as follows:

1)

The Coastal Commission approves the Coastal Development Permit when the development is located:

a)

Within the retained permit jurisdiction of the Coastal Commission; or

b)

In areas where the County's Local Coastal Program has not been certified by the Coastal Commission.

g.

Any other supplementary information requested by the Planning and Development Department.

Section 35-174.6 Processing of Final Development Plans.

1.

2.

The Final Development Plan shall be referred to the Board of Architectural Review for final review and recommendations in compliance with Section 35-184 (Board of Architectural Review). This requirement may be waived by the Director of the Planning and Development Department in the following situations:

(Amended by Ord. 4585, 11/22/2005)

a.

A Final Development Plan that is submitted subsequent to the approval of a Preliminary Development Plan where there is no change from the approved Preliminary Development Plan and the project received final approval from the Board of Architectural Review.

b.

A Final Development Plan that is submitted pursuant to Section 35-174.2.2.b provided that any exterior alterations can be determined to be minor by the Director in compliance with Section 35-184.3.1.f (Board of Architectural Review, Exemptions).

3.

The Planning and Development Department shall refer the application to the Subdivision/Development Review Committee for review and recommendation to the decision-maker.

4.

When the Board of Supervisors, Planning Commission, Zoning Administrator, or Director has approved the Preliminary Development Plan, the Director shall be the decision-maker for the Final Development Plan unless:

a.

Conditions of the Preliminary Development Plan indicate otherwise; or

b.

The Preliminary Development is appealable to the Coastal Commission in compliance with Section 35-182 (Appeals), then the decision-maker shall be the Zoning Administrator.

5.

When an application for a Final Development Plan is submitted for development that is appealable to the Coastal Commission in compliance with Section 35-182 (Appeals), the Zoning Administrator shall be the

decision-maker for the Final Development Plan if the Director is otherwise designated as the decisionmaker in compliance with this Article.

6.

Notice, public hearing and decision.

a.

Final Development Plans under the jurisdiction of the Director. A public hearing shall not be required if the Director is the decision-maker for the Final Development Plan.

1)

Notice of the pending decision of the Director on the Final Development Plan shall be given at least 10 days before the date of the Director's decision in compliance with Section 35-181 (Noticing).

2)

The Director may approve, conditionally approve, or deny the Final Development Plan.

3)

The action of the Director on the Final Development Plan is final subject to appeal in compliance with Section 35-182 (Appeals).

4)

The Director may approve minor changes to the Final Development Plan. If the Final Development Plan has any substantial changes from the Preliminary Development Plan approved by the Board of Supervisors, Planning Commission, or Zoning Administrator, the Director shall refer the Final Development Plan to the decision-maker with jurisdiction for approval.

b.

Final Development Plans under the jurisdiction of the Planning Commission or Zoning Administrator. A public hearing shall be required if the Planning Commission or Zoning Administrator is the decision-maker for the Development Plan.

1)

The decision-maker shall hold at least one noticed public hearing on the requested Final Development Plan and approve, conditionally approve, or deny the request.

2)

Notice of the hearing shall be given in compliance with Section 35-181 (Noticing).

3)

The action of the decision-maker is final subject to appeal in compliance with Section 35-182 (Appeals).

7.

When a Preliminary Development Plan has not been filed as provided in Section 35-174.2.3, the Final Development Plan shall be processed in compliance with Section 35-174.3 (Processing of Preliminary Development Plan.

8.

Coastal Development Permit processed in conjunction with a Final Development Plan. The related Coastal Development Permit shall be processed in compliance with Section 35-169 (Coastal Development Permits) including the requirement that the decision-maker shall hold at least one noticed public hearing for the related Coastal Development Permit where the Final Development Plan includes development that is appealable to the Coastal Commission in compliance with Section 35-182 (Appeals).

Section 35-174.7 Findings Required for Approval.

A Preliminary or Final Development Plan application shall be approved or conditionally approved only if the decision-maker first makes all of the following findings, as applicable:

1.

Findings for all Preliminary or Final Development Plans.

a.

That the site for the project is adequate in size, shape, location, and physical characteristics to accommodate the density and level of development proposed.

b.

That adverse impacts are mitigated to the maximum extent feasible.

c.

That streets and highways are adequate and properly designed to carry the type and quantity of traffic generated by the proposed use.

d.

That there are adequate public services, including but not limited to fire protection, water supply, sewage disposal, and police protection to serve the project.

e.

That the project will not be detrimental to the health, safety, comfort, convenience, and general welfare of the neighborhood and will not be incompatible with the surrounding area.

f.

That the project is in conformance with 1) the Comprehensive Plan, including the Coastal Land Use Plan, and 2) with the applicable provisions of this Article and/or the project falls with the limited exception

allowed under Section 35-161.7.

g.

That in designated rural areas the use is compatible with and subordinate to the scenic, agricultural and rural character of the area.

h.

That the project will not conflict with any easements required for public access through, or public use of a portion of the property.

i.

Additional findings, identified in Division 16 (Montecito Community Plan Overlay District), are required for those parcels identified with the MON overlay zone.

2.

Additional findings for Final Development Plans that follow an approved Preliminary Development Plan. A Final Development Plan that follows an approved Preliminary Development Plan shall approved or conditionally approved only if the decision-maker first makes all of the following findings:

a.

The Final Development Plan is in substantial conformity with any approved Preliminary or Revised Preliminary Development Plan.

1)

If the Final Development Plan is under the jurisdiction of the Director, and the Director cannot find that the Final Development Plan is in substantial conformity with the Preliminary Development Plan, then the Director shall refer the Final Development Plan to the decision-maker that approved the Preliminary Development Plan.

Section 35-174.8 Conditions, Restrictions, and Modifications.

1.

At the time the Preliminary or Final Development Plan is approved, or subsequent Amendments or Revisions are approved, the Director, Zoning Administrator, Planning Commission or Board of Supervisors may modify the building height limit, distance between buildings, setback, yard, parking, building coverage, or screening requirements specified in the applicable zone district when the Director, Zoning Administrator, Planning Commission or Board of Supervisors finds the project justifies such modifications.

2.

As a condition of approval of any Preliminary or Final Development Plan, the Director, Zoning Administrator, Planning Commission or Board of Supervisors may impose any appropriate and reasonable conditions or require any redesign of the project as they may deem necessary to protect the persons or property in the

neighborhood, to preserve the neighborhood character, natural resources or scenic quality of the area, to preserve or enhance the public peace, health, safety, and welfare, or to implement the purposes of this Article.

3.

The Director, Zoning Administrator, Planning Commission or Board of Supervisors may require as a condition of approval of any Development Plan, the preservation of trees existing on the property.

Section 35-174.9 Requirements Prior to Commencement of Development Allowed by a Final Development Plan and Development Plan Expiration. (Amended by Ord. 4888, 10/10/2014)

1.

Prior to the commencement of the development and/or authorized use permitted by the Final Development Plan, a Coastal Development Permit and a Land Use Permit and/or Zoning Clearance, as applicable, authorizing such development and/or use shall be issued.

2.

Permits required.

a.

Coastal Development Permit required. A Coastal Development Permit shall be issued prior to the commencement of the development and/or authorized use allowed by the Final Development Plan either by:

1)

The County in compliance with Section 35-169 (Coastal Development Permits), or

2)

The Coastal Commission when the development is located:

a)

Within the retained permit jurisdiction of the Coastal Commission in compliance with Public Resources Code Section 30519(b); or

b)

In areas where the County's Local Coastal Program has not been certified by the Coastal Commission.

b.

development and/or authorized use allowed by the Final Development Plan if the approval of a Substantial Conformity Determination in compliance with Section 35-174.10 (Substantial Conformity, Amendments and Revisions) is required as a result of changes to the project allowed by the Final Development Plan.

1)

If the approval of a Substantial Conformity Determination for all or a portion of the development and/or authorized use allowed by the Final Development Plan occurs following the approval of a Zoning Clearance for the same development and/or authorized use, then the extent of the project allowed by the Land Use Permit is limited to that portion of the project which is the subject of the Substantial Conformity Determination.

2)

Under this Subsection 2.b (Land Use Permit required), the Land Use Permit is the final planning permit required to represent compliance with any conditions established by the Final Development Plan and/or Coastal Development Permit and does not have any effect on the associated Coastal Development Permit.

3)

If the Coastal Commission is the decision-maker for the Coastal Development Permit in compliance with Subsection 2.a (Coastal Development Permit required), above, then the approval of the Coastal Development Permit by the Coastal Commission shall occur prior to the issuance of the Land Use Permit by the Director.

The Final Development Plan shall be considered to have expired and of no further effect as to that phase and any subsequent phase(s) of the project.

ii)

The Final Development Plan is automatically revised to eliminate phases of project from the project authorized by the Final Development Plan that are considered to have expired and of not further effect in compliance with Subsection 3.b.2)c)i), above.

d)

A Coastal Development Permit shall be processed concurrently and in conjunction with a Final Development Plan with a phasing plan in compliance with Section 35-169.4.3.a.1.

e)

The Final Development Plan shall be considered to be void and of no further effect if the Coastal Development Permit approved in conjunction with the Development Plan has expired.

f)

The time limit(s) specified in the phasing plan shall require that all required Land Use Permits shall be issued within 10 years of the effective date of the Final Development Plan.

(Added by Ord. 4884, 09/08/2016)

i)

This 10 year period may be extended by the Planning Commission provided an application for a Time Extension is submitted in compliance with Section 35-179B (Time Extensions). This extension is not subject to Section 35-179B.D.3 (Development Plans (Preliminary and Final)) that limits the extension of the approval of a Development Plan to 12 months.

Section 35-174.10 Substantial Conformity, Amendments and Revisions. (Amended by Ord. 4811, 11/14/2013)

Changes to a Preliminary or Final Development Plan, shall be processed as follows:

1.

Substantial Conformity. The Director may approve a minor change to an approved Final Development Plan if the Director first determines, in compliance with the County's Substantial Conformity Determination Guidelines (see Appendix B), that the change is in substantial conformity with the approved Final Development Plan.

a.

Contents of application. An application for an Substantial Conformity Determination shall be submitted in compliance with Section 35-57A (Application Preparation and Filing).

b.

Processing.

An application for a Coastal Development Permit for the development requested by the Amendment application shall also be submitted and shall be processed concurrently and in conjunction with

Amendment application except when the Coastal Commission approves the Coastal Development Permit because:

a)

The development is located within the retained permit jurisdiction of the Coastal Commission, or

b)

The project is located in an area of the County where the County's Local Coastal Program has not been certified by the Coastal Commission.

b.

Area under review. The Director shall determine that the location within the project site that the subject of the application for the Amendment either:

1)

Was analyzed for potential environmental impacts and policy consistency as a part of the processing of the approved permit and an Addendum to the previous environmental document could be prepared in compliance with the California Environmental Quality Act; or

2)

c.

Processing.

1)

Development that may be appealed to the Coastal Commission.

a)

The Department shall review the applications in compliance with the requirements of the California Environmental Quality Act.

b

Notice shall be given in compliance with Section 35-181.2 (Notice of Public Hearing and Decision-Maker Action).

Until all conditions of the Coastal Development Permit that are required to be satisfied prior to the issuance of the Coastal Development Permit have been satisfied.

iii)

Until all necessary prior approvals have been obtained.

iv)

v)

Until the applicant has signed the Coastal Development Permit.

vi)

b)

Development that may not be appealed to the Coastal Commission. A Coastal Development Permit shall be approved and issued in compliance with Subsection 35-169.4.1. The Coastal Development Permit shall not be issued and deemed effective:

i)

Prior to expiration of the appeal period or, if appealed, prior to final action on the appeal by the decisionmaker in compliance with Section 35-182 (Appeals).

ii)

Until all conditions of the Coastal Development Permit that are required to be satisfied prior to the issuance of the Coastal Development Permit have been satisfied.

iii)

Until all necessary prior approvals have been obtained.

iv)

v)

Until the applicant has signed the Coastal Development Permit.

2)

i)

Prior to expiration of the appeal period or, if appealed, prior to final action on the appeal by the decisionmaker in compliance with Section 35-182 (Appeals).

ii)

Until all conditions of the Land Use Permit that are required to be satisfied prior to the issuance of the Land Use Permit have been satisfied.

iii)

Until all necessary prior approvals have been obtained.

iv)

v)

Until approval of a Coastal Development Permit by the Coastal Commission has been obtained.

e.

Expiration of Final Development Plan not revised. Where a minor change to an approved Final Development Plan is approved by the approval of an Amendment, the Final Development Plan shall have the same effective and expiration dates as the original Final Development Plan.

3.

Revisions.

a.

A Revised Development Plan shall be required for changes to a Preliminary or Final Development Plan where the findings cannot be made in compliance with Section 35-174.10.2 for Amendments and substantial conformity in compliance with Section 35-174.10.1 cannot be determined.

b.

A Revised Development Plan shall be processed in the same manner as a new Preliminary or Final Development Plan.

Section 35-175. - Specific Plans.

Section 35-175.1 Purpose and Intent.

1.

These regulations are based on the recognition that one parcel or a group of parcels of land which may be in separate ownership are suitable for a specific use or combination of uses, and should be planned as a unit to ensure protection of valuable resources and allow maximum flexibility in site planning.

2.

The purpose of the Specific Plan is to allow for a more precise level of planning for an area than is ordinarily possible in the Coastal Plan and to provide for a mixture of uses through comprehensive site planning.

3.

This section is adopted to guide in the preparation of a Specific Plan pursuant to the provisions of Article 8, Section 65450 - 6553 of the Government Code.

4.

For those parcels which require preparation of a Specific Plan as set forth in the Coastal Plan, the following regulations shall apply.

Section 35-175.2 Applicability.

1.

A Specific Plan shall not be considered adopted until a site development plan as described in Section 35175.3.2, together with the required accompanying data, have been approved by the Board of Supervisors as part of the Coastal Plan after consideration at public hearings and a recommendation by the Planning Commission.

2.

At the time of adoption of the Specific Plan, the Board of Supervisors shall make a determination as to whether the existing zoning on the property is consistent with the Specific Plan under the provisions of Section 65860(a) of the Government Code. If the Board of Supervisors finds that it is not consistent, then either the County of Santa Barbara or proponent of the Specific Plan shall initiate rezoning of the parcel(s) to bring the zoning into conformance with the Specific Plan.

3.

Although the Board of Supervisors may adopt the Specific Plan as part of the Coastal Plan, no construction shall commence on properties requiring a Specific Plan until a Final Development Plan, as provided in Section 35-174, has been approved.

Section 35-175.3 Contents of Specific Plans.

1.

As many copies of a Specific Plan as may be required shall be submitted to the Planning and Development Department.

2.

Unless specifically otherwise authorized in writing by the Director, the information submitted as part of the Specific Plan shall consist of a site development plan including a map or maps drawn to scale and other supplemental information indicating:

Acreage and approximate boundaries of the property;

b.

Contour maps showing topography and areas proposed for major re-grading;

c.

Approximate width and location of proposed streets and their connector roads and other major highways on surrounding property;

d.

Location of areas of geologic, seismic, flood, and other hazards;

e.

Location of areas of prime scenic quality, habitat resources, archaeological sites, water bodies, and areas with significant existing vegetation;

f.

Location of all proposed structures including but not limited to residential (distinguishing between the various types of residential structures, i.e., single family dwelling, duplex, apartment, condominium, etc.), industrial, and recreational structures, a description of the general dimensions and square footage of each of these structures, and an indication of the total number of and estimated total population for each type of dwelling unit;

g.

Location and amount of open space for use by prospective residents and the public;

h.

Location and description of proposed recreational facilities;

i.

Location of parking areas;

j.

A statement of intent with respect to establishment of utilities, services, and facilities, including water, sewage disposal, fire protection, police protection, and schools;

k.

If development is to occur in stages, a general indication of the sequence and time of construction of the various phases; and

Any other supplementary data requested by the Planning and Development Department.

Section 35-175.4 Processing.

1.

After receipt of the Specific Plan, the Planning and Development Department shall process the plan through environmental review.

2.

The Planning and Development Department shall refer the Specific Plan to the Subdivision/Development Review Committee for review and recommendation to the Planning Commission.

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

3.

The Planning Commission shall hold at least one public hearing on the Specific Plan. Notice of time and place of said hearing shall be given in accordance with the procedures set forth in Section 35-181 (Noticing). Any hearing may be continued from time to time.

4.

If the Planning Commission recommends approval, with or without modifications, the matter shall be

referred back to the Planning and Development Department and County Counsel for the preparation of an amendment adopting the Specific Plan as part of the Coastal Land Use Plan. The Planning Commission's recommendation on the Specific Plan and proposed Coastal Land Use Plan amendment shall be transmitted to the Board of Supervisors by resolution of the Planning Commission carried by the affirmative votes of not less than a majority of its total voting members. The resolution shall be accompanied by a statement of the Planning Commission's reasons for such recommendation.

5.

The Board of Supervisors shall hold at least one public hearing before adopting the proposed Specific Plan. The notice of time and place of said hearing shall be given in the same time and manner as provided for the giving of notice of the hearing by the Planning Commission. Any hearing may be continued from time to time.

6.

The Board of Supervisors shall not make any change or addition to any proposed Specific Plan thereto recommended by the Planning Commission until the proposed change or addition has been referred to the Planning Commission for a report and a copy of the report has been filed with the Board of Supervisors. Failure of the Planning Commission to report within 40 days after the reference shall be deemed to be approval of the proposed change or additions. It shall not be necessary for the Planning Commission to hold a public hearing on the proposed change or addition.

Upon adoption of a Specific Plan, no permits shall be issued for construction, erection, or moving in of any building, nor for grading, nor for any use of land which requires a Coastal Development Permit until a Final Development Plan as required under the applicable zoning district has been approved.

8.

Amendments to the Specific Plan shall be processed in the same manner as specified for adoption of an original Specific Plan except as provided for under Section 35-169.8.

Section 35-175.5 Findings Required for Approval.

A Specific Plan shall not be adopted unless all of the following findings are made:

1.

The Specific Plan is in conformance with all applicable Coastal Land Use Plan policies and incorporates any other conditions specifically applicable to the parcels that are set forth in these plans.

2.

The Specific Plan will not be detrimental to the health, safety, comfort, convenience, and general welfare of the neighborhood.

3.

The Specific Plan will not adversely affect such necessary community services as traffic, circulation, sewage disposal, fire protection, and water supply.

Section 35-176. - Oil and Gas Exploration and Production Plans.

Section 35-176.1 Purpose and Intent.

The purpose of Exploration and Production Plans is to provide for discretionary review of the specific design, layout, and provisions for oil and gas exploration, and/or production which may, because of facilities, scale, or location of development, have a significant potential for impacts on coastal resources. The intent of the requirements for Exploration and Production Plans is to insure that impacts on coastal resources from such activities are minimized, to the maximum extent feasible.

Section 35-176.2 Applicability of Exploration Plans.

No Coastal Development Permit shall be issued for any activity related to exploratory oil and gas drilling, including grading, for any property subject to the provisions of this section until an Exploration Plan has been approved as provided herein. No portion of any property not included within the boundaries of an approved Exploration Plan shall be entitled to any Coastal Development Permit for exploratory oil and gas drilling.

Section 35-176.3 Contents of Exploration Plan.

As many copies of an Exploration Plan as may be required shall be submitted to the Planning and Development Department. Unless otherwise specifically waived by the Director, the information to be

submitted as part of an Exploration Plan shall consist of the following:

1.

Description of land and title held by the applicant.

2.

A map showing acreage and boundaries of the lease area.

3.

A plot plan to scale which depicts:

a.

Location, use, size, and height of all proposed well locations, drilling pads, sumps, and equipment.

Location and width of existing and proposed roads.

Off-street parking areas.

Location, type, and height of fencing.

e.

Relationship of proposed facilities to other buildings, structures, and/or natural or artificial features, including habitats, prime agricultural land, recreational areas, scenic resources, and archaeological sites within 1,000 feet of any well.

4.

Photographs of the site taken from all directions from which it can be viewed by the public or adjacent residents.

5.

A written, narrative description of the objective of the project, operational characteristics, and measures that will be taken to eliminate or substantially mitigate adverse impacts on designated environmentally sensitive habitat areas, prime agricultural land, recreational areas, scenic resources, archaeological sites, and neighboring residents, due to the siting, construction, or operation of the proposed drill site.

6.

An oil spill contingency plan that specifies the location and type of cleanup equipment, designation of responsibilities for monitoring equipment, disposition of wastes, and reporting of incidents.

7.

Contour map showing topography and proposed grading for drilling pads, access roads, and any incidental equipment or facilities.

8.

A brief description of the manner in which the oil and/or natural gas will be produced, processed, and transported if the exploratory drilling program is successful.

9.

In addition to procedures for abandonment and removal of equipment contained in Sections 25-34 and 2535 of the County Code (Petroleum Ordinance), provisions shall be included in an Exploration Plan for appropriate contouring, reseeding, and landscaping to conform with the surrounding topography and vegetation.

10.

Information concerning the source, quantity and quality of water to be utilized in the drilling/production program, the manner in which the water will be transported and stored on-site, and the method of disposal of wastewater and other drilling wastes.

11.

An application for a Coastal Development Permit for the development requested by the Exploration Plan application shall also be submitted and processed concurrently and in conjunction with the Exploration Plan application except as follows:

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

a.

The Coastal Commission approves the Coastal Development Permit when the development is located:

1)

Within the retained permit jurisdiction of the Coastal Commission; or

2)

In areas where the County's Local Coastal Program has not been certified by the Coastal Commission.

Section 35-176.4 Processing of Exploration Plan.

1.

After receipt of the Exploration Plan, the Planning and Development Department shall process the plan through environmental review. The exemption from environmental review in Section 25-4E of the County Code (Petroleum Ordinance) shall not apply within the Coastal Zone.

2.

The Planning and Development Department shall refer the Exploration Plan to the Subdivision/Development Review Committee for review and said Subdivision Committee shall consider the plan and make their recommendations to the Planning Commission.

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

3.

The Planning Commission shall then consider the Exploration Plan at a noticed public hearing and approve, conditionally approve, or disapprove the plan. The Planning Commission's action shall be final subject to appeal in compliance with Section 35-182 (Appeals).

4.

If the Exploration Plan is filed in conjunction with a Conditional Use Permit application, the Conditional Use Permit shall be processed as part of the Exploration Plan.

5.

The Director may approve minor changes to an approved Exploration Plan, provided that such changes do not allow additional wells to be drilled. Substantial changes to an Exploration Plan shall be processed in the same manner as the original plan except as provided for under Section 35-169.8. When approved by the Planning Commission, such revised plan automatically supersedes any previously approved plan.

Section 35-176.5 Findings Required for Approval of Exploration Plan.

An Exploration Plan shall only be approved if all of the following findings are made:

1.

There are no feasible alternative locations for the proposed exploratory drilling program that are less environmentally damaging.

2.

Adverse environmental effects are mitigated to the maximum extent feasible.

3.

The project will not be detrimental to the health, safety, comfort, convenience, and general welfare of the neighborhood and will not be incompatible with the surrounding area.

4.

The development is in conformance with the applicable provisions of this Article and the policies of the Coastal Land Use Plan.

5.

That the site is appropriate for subsequent oil and gas production, should the proposed drilling program be successful.

Section 35-176.6 Modifications of Development Standards.

1.

At the time the Exploration Plan is approved, the Planning Commission may modify the development standards specified in Section 35-152, Oil and Gas Facilities, where necessary or appropriate to permit drilling in accordance with the approved plan.

2.

As a condition of approval of any Exploration Plan, the Planning Commission may impose any appropriate and reasonable conditions or require any redesign of the project as deemed necessary to protect the persons or property in the neighborhood, to preserve the neighborhood character, natural resources or scenic quality of the area, to preserve or enhance the public health, safety, and welfare or to implement the purposes of this Article.

Section 35-176.7 Applicability of Production Plans.

No Coastal Development Permit shall be issued for any activity related to oil and gas production, including grading, for any property subject to the provisions of this section until a Production Plan has been approved as provided herein. No part of any property not included within the boundaries of an approved Production Plan shall be entitled to any Coastal Development Permits related to oil and gas production.

Section 35-176.8 Contents of Production Plans.

As many copies of a Production Plan as may be required shall be submitted to the Planning and Development Department. Unless otherwise specifically waived by the Director, the information to be submitted as part of a Production Plan shall include the following:

1.

All information and maps required under Section 35-176.3, Contents of Exploration Plans.

2.

A landscaping plan.

3.

Perspective views of all proposed buildings, structures, and fixed exterior equipment.

An analysis of the potential for the consolidation or collocation of facilities, including the clustering of wells and/or incidental equipment at production sites, or at other sites owned by the operator or another operator.

5.

A phasing plan for the staging of development which includes the estimated timetable for project construction, operation, completion, and abandonment.

6.

An application for a Coastal Development Permit for the development requested by the Production Plan application shall also be submitted and processed concurrently and in conjunction with the Production Plan application except as follows:

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

a.

The Coastal Commission approves the Coastal Development Permit when the development is located:

1)

Within the retained permit jurisdiction of the Coastal Commission; or

2)

In areas where the County's Local Coastal Program has not been certified by the Coastal Commission.

Section 35-176.9 Processing of Production Plans.

1.

The Planning and Development Department shall process the plan through environmental review. The exemption from environmental review in Section 25-4E of the County Code (Petroleum Ordinance) shall not apply within the coastal Zone.

2.

After certification of the final environmental document, the Planning and Development Department shall refer the Production Plan to the Subdivision Committee for review and said Subdivision Committee shall consider the plan and make their recommendations to the Planning Commission.

3.

The Planning Commission shall then consider the Production Plan at a noticed public hearing and approve, conditionally approve, or disapprove the plan. The Planning Commission's action shall be final, subject to appeal in compliance with Section 35-182 (Appeals).

4.

If the Production Plan is filed in conjunction with a Conditional Use Permit application, the Conditional Use Permit shall be processed as part of the Production Plan.

5.

The Director may approve minor changes to an approved Production Plan, provided that such changes do not allow additional wells to be drilled, or increase the lease production capacity by more than 10 percent. Other changes to a Production Plan shall be processed in the same manner as the original plan except as provided for under Section 35-169.8. When approved by the Planning Commission, such revised plan automatically supersedes any previously approved plan.

Section 35-176.10 Findings Required for Approval of Production Plan.

A Production Plan shall only be approved if all of the following findings are made:

1.

There are no feasible alternative locations for the proposed production drilling program that are less environmentally damaging.

2.

Adverse environmental effects are mitigated to the maximum extent feasible.

3.

The project will not be detrimental to the health, safety, comfort, convenience, and general welfare of the neighborhood and will not be incompatible with the surrounding area.

4.

The development is in conformance with the applicable provisions of this Article and the policies of the Coastal Land Use Plan.

Section 35-176.11 Modifications of Development Standards.

1.

At the time the Production Plan is approved, the Planning Commission may modify the development standards specified in Section 35-153, Oil and Gas Facilities, where necessary or appropriate to permit oil and gas development and production in accordance with the approved plan.

2.

As a condition of approval of any Production Plan, the Planning Commission may impose any appropriate and reasonable conditions or require any redesign of the project as deemed necessary to protect the persons or property in the neighborhood, to preserve the neighborhood character, natural resources or scenic quality of the area, to preserve or enhance the public health, safety, and welfare, or to implement the purposes of this Article.

ion Plan, the Planning Commission may impose any appropriate and reasonable conditions or require any redesign of the project as deemed necessary to protect the persons or property in the neighborhood, to preserve the neighborhood character, natural resources or scenic quality of the area, to preserve or enhance the public health, safety, and welfare, or to implement the purposes of this Article.

Section 35-176.12 Requirements Prior to Commencement of Development Allowed by an Exploration Plan or Production Plan. (Added by Ord. 4888, 10/10/2014)

1.

Prior to the commencement of the development and/or authorized use permitted by an Exploration Plan or Production Plan, a Coastal Development Permit and a Zoning Clearance authorizing such development shall be issued.

2.

Permits required.

a.

Coastal Development Permit required. A Coastal Development Permit shall be issued prior to the commencement of the development allowed by an Exploration Plan or Production Plan either by:

1)

The County in compliance with Section 35-169 (Coastal Development Permits), or

2)

The Coastal Commission when the development is located:

a)

Within the retained permit jurisdiction of the Coastal Commission in compliance with Public Resources Code Section 30519(b); or

b)

In areas where the County's Local Coastal Program has not been certified by the Coastal Commission.

b.

1)

Under this Subsection 2.b (Zoning Clearance required), the Zoning Clearance is the final planning permit required by the Department to represent compliance with any conditions established by an Exploration Plan or Production Plan and/or Coastal Development Permit and does not have any effect on the associated Coastal Development Permit.

Section 35-177. - Reclamation and Surface Mining Permits

Section 35-177.1 Purpose and Intent.

1.

This Section is adopted pursuant to the California Surface Mining and Reclamation Act of 1975 (Public Resources Code Section 2710 et seq.), hereinafter referred to as the State Act, and the California Administrative Code Regulations adopted pursuant thereto (14 Cal. Admin. Code Section 3500 et seq.), hereinafter referred to as the State Regulations.

2.

The Board hereby finds and declares that the extraction of minerals is essential to the continued economic well-being of the County and to the needs of the society and that the reclamation of mined lands is necessary to prevent or minimize adverse effects on the environment and to protect the public health and safety.

3.

The Board further finds that the reclamation of mined lands as provided in this Section, the State Act, and the State Regulations will permit the continued mining of minerals and will provide for the protection and subsequent beneficial use of the mined and reclaimed land.

4.

The Board further finds that surface mining takes place in diverse areas where the geologic, topographic, climatic, biological, and social conditions are significantly different and that reclamation operations and the specification therefore may vary accordingly.

5.

The Board further finds that the regulation of surface mining operations is to assure that:

a.

Adverse environmental effects are prevented or minimized and that mined lands are reclaimed to a usable condition which is readily adaptable for alternative land uses.

b.

The production and conservation of minerals are encouraged, while giving consideration to values relating to recreation, watershed, wildlife, range and forage, and aesthetic enjoyment.

Residual hazards to the public health and safety are eliminated.

Section 35-177.2 Incorporation of State Act and Regulations.

The provisions of the California Surface Mining and Reclamation Act of 1975 (Public Resources Code Sections 2710 - 2793) and the California Administrative Code Regulations implementing the Act (14 California Administrative Code Sections 3500-3508), as either may be amended from time to time, are made a part of this paragraph by reference, with the same force and effect as if the provisions therein were specifically and fully set out herein.

Section 35-177.3 Applicability.

Unless exempted by the provisions of the State Act or State Regulations, any person (as defined in the State Regulations) who proposes to engage in surface mining operations shall, prior to the commencement of such operation, obtain (1) a permit to mine and (2) approval of a reclamation plan, as provided in this section.

Any person who has engaged or proposes to engage in surface mining operations and who is exempt from the requirement of a surface mining permit, shall file and obtain approval, pursuant to this Section, of a reclamation plan for all operations conducted after January 1, l976, unless a reclamation plan was approved by the County prior to January 1, l976, and the person submitting that plan has accepted responsibility for carrying out that plan.

Section 35-177.4 California Environmental Quality Act.

1.

The approval of reclamation plans is exempt from the California Environmental Quality Act (CEQA) under the Class 8, categorical exemption as an action taken by the County, "as authorized by state law or local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involved procedures for protection of the environment." Class 8, Appendix B, County Guidelines for Implementing CEQA; 14 California Administrative Code Section 5108.

2.

The issuance of surface mining permits is not exempt from CEQA.

Section 35-177.5 Surface Mining Under Existing Zoning.

1.

In all zone districts other than the AG-II (Agriculture II), any surface mining is permitted only after approval of a Conditional Use Permit under Section 35-172.

2.

In the AG-II District, surface mining operations for building or construction material, including diatomaceous earth, are a permitted use requiring only a Coastal Development Permit pursuant to Section

35-169, but such operations that exceed 20,000 square feet will require environmental review before the Coastal Development Permit may be issued.

Section 35-177.6 Procedures. ¶

1.

Each applicant shall submit to the Planning and Development Department, together with the required fees as set by the Resolution of the Board of Supervisors, the number of copies of the application (on an application form supplied by said department) and of such plans, elevations, and descriptions as are required by said Department. The term application shall include not only original applications, but also any subsequent amendments to permits or plans. Upon receipt of a complete application for a reclamation plan or surface mining permit, the Director shall promptly forward one copy thereof to the following County officials; for a surface mining permit - Director of Public Works, Transportation, Environmental Health, and the Flood Control Engineer and Fire Chief; for a reclamation plan - Director of Public Works (who shall consult with the appropriate Resource Conservation District), Flood Control Engineer, and Director of Environmental Resources. Each of said County officials shall, within 30 days after the date of transmittal of said copy of said application, make a written report to the Planning Commission as to any recommendations with respect to the use or plan contemplated by the application and its bearing on his functions. Failure to submit such report within said 30 days shall be deemed approval of said application without conditions.

2.

The Planning and Development Department shall notify the State Geologist of the filing of an application for a permit to conduct surface mining operations and shall forward a copy of each permit and approved reclamation plan to the Los Angeles Office of the State Division of Mines and Geology.

3.

Within 60 days after the receipt of a complete application, the Planning Commission, after holding at least one noticed public hearing on each application, may approve the application. Notice of the hearing on a surface mining permit shall be given in accordance with Section 35-181 (Noticing). Notice of the hearing on a reclamation plan shall be given to the applicant and property owner, if other than the applicant. The decision of the Planning Commission of the application shall be reported to the Board of Supervisors.

4.

The decisions of the Planning Commission with respect to reclamation plans and surface mining permits shall be final except that within 12 days after the action of the Planning Commission, the Board of Supervisors, on its own initiation, may modify or reverse the action of the Planning Commission by order and any action of the Planning Commission is subject to appeal in compliance with Section 35-182 (Appeals).

Section 35-177.7 Standards. ¶

The standards for approval of reclamation plans and for issuance of surface mining permits shall be those contained in the State Act and State Regulations.

Section 35-177.8 Performance Security.

1.

Purpose. The intent of this subparagraph is to insure that reclamation will proceed in accordance with the approved reclamation plan (as may be amended), and to avoid economic waste in the requirement of security.

2.

Requirement, Forms and Amount of Security. As a condition of approval of any reclamation plan, to secure the operator's performance, the Planning Commission may require one or more forms of security which will be released upon satisfactory performance, including: a corporate surety bond; corporate or government securities; cash; if acceptable to the operator, a lien against the operator's interests in the mined lands; or solely the bond of the operator itself. The aggregate of any such security shall be in an amount determined by the Public Works Department to equal the cost of completing the reclamation required during the succeeding two year period or other reasonable term.

3.

Bond Operator. In determining whether to accept the bond of the operator itself without a separate surety or other form of security, the Planning Commission shall consider, without limitation: 1) the financial strength of the operator; 2) the assets within California; 3) its past performance on contractual obligations with public entities; and 4) whether there is a suitable agent of the operator within this County to receive service of process.

4.

Lien with Operator's Consent. If the Planning Commission requires security other than the bond of the operator itself, and if the full value of the taxable assets of the operator within this County exceeds to the extent deemed sufficient by the Planning Commission the estimated cost of completing the reclamation required during the succeeding two year period or other reasonable term only with the operator's consent, the Planning Commission shall require a lien rather than a corporate surety bond or other form of security.

5.

Review of Security. Whenever requested by the Public Works Department or the operator, the Planning Commission shall review and may thereupon change the form(s) or amount of security required.

Section 35-177.9 Periodic Compliance Inspections.

Surface mining permits or approved reclamation plans issued or approved pursuant to this section, shall provide for periodic compliance inspections by the Public Works Department. Fees based on an hourly charge for such periodic compliance inspections for such permits or plans shall be established by Resolution of the Board of Supervisors and paid by the operator.

Section 35-177.10 Revocation and Voidability of Surface Mining Permits.

A surface mining permit issued pursuant to this Section shall be null and void and automatically revoked if:

a.

Within three years after the granting of said permit, the surface mining operations authorized by the permit have not been established; or

b.

A use permitted under a surface mining permit issued subsequent to that effective date of this section is discontinued for a period of more than three years.

c.

Provided, however, that prior to the expiration of such three year period the Board of Supervisors, after recommendation by the Planning Commission, may extend such three year period for good cause shown.

2.

b.

Require the surface mining operator to commence reclamation in compliance with the approved Reclamation Plan. (SMARA Section 2770(h)(2))

c.

An action of the Director to either renew the interim management plan or require the commencement of reclamation is final subject to appeal in compliance with Section 35-182 (Appeals).

Section 35-178. - Land Use Permits.

(Amended by Ord. 4594, 03/05/2008; Ord. 4595, 03/05/2008)

Section 35-178.1 Purpose and Intent.

1.

Purpose. This Section establishes procedures and findings for the issuance of, and effective time periods for, Land Use Permits, where the County approves certain discretionary permits for new development and either the County or the Coastal Commission approves the Coastal Development Permit under the following circumstances:

a.

Coastal Development Permits approved by the Coastal Commission. The Coastal Commission approves the Coastal Development Permit when the development is:

1)

Located within the retained permit jurisdiction of the Coastal Commission; or

2)

Located in areas where the County's Local Coastal Program has not been certified by the Coastal Commission.

The approval of a Land Use Permit by the County is required following the approval of the Coastal Development Permit approved by the Coastal Commission.

b.

Coastal Development Permits approved by the County. The County approves a Coastal Development Permit in conjunction with the approval of a Conditional Use Permit or Development Plan, provided the development is not subject to Section 35-178.1.a above. In these cases, the Land Use Permit is the final permit required by the Planning and Development Department to represent compliance with any conditions established by the County in the Conditional Use Permit or Development Plan, and does not have any effect on the associated Coastal Development Permit.

2.

Intent. The intent of this Section is to ensure that development proposals are in compliance with the provisions of this Article, the Comprehensive Plan, including the Coastal Land Use Plan and any applicable community or area plan, and any conditions established by the County.

Section 35-178.2 Applicability.

The provisions of this Section shall apply to all development and uses listed within this Article as requiring a Land Use Permit, including development and uses identified in Section 35-178.1 above.

Section 35-178.3 Contents of the Application.

1.

As many copies of an application as may be required shall be submitted to the Planning and Development Department. Said application shall include a site plan which indicates clearly and with full dimensions the following information, if applicable:

North arrow and scale of drawing.

b.

Site address.

c.

Lot dimensions.

d.

All proposed and existing buildings and structures: locations, size, height, and proposed use.

e.

Distance from proposed structure(s) to property lines, centerline of street or alley and other existing structures on the lot.

f.

Walls and fences: location, height and materials.

g.

Name and widths of streets (right-of-way) abutting the site.

h.

Off-street parking: location, dimensions of parking area, number of spaces, arrangement of spaces and internal circulation pattern.

i.

Access: pedestrian, vehicular, service; and delineations of all points of ingress and egress.

j.

Signs: location, size, height and method of illumination.

k.

Loading spaces: location, dimensions, number of spaces.

l.

Lighting: general nature, locations and hooding devices.

Proposed street dedications and improvements.

n.

Landscaping, if required.

o.

Method of sewage disposal: show position of septic tank and leach lines, if applicable.

p.

For commercial and industrial projects indicate where applicable:

1)

Number of motel or hotel units.

2)

Seating capacity or square footage devoted to patrons.

3)

Total number of employees.

All easements.

Section 35-178.4 Processing.

1.

The Director shall review the Land Use Permit application for compliance with the Comprehensive Plan, including the Coastal Land Use Plan and any applicable community or area plan, this Article, and other applicable regulations, and approve, conditionally approve, or deny the Land Use Permit.

2.

The action of the Director is final subject to appeal in compliance with Section 35-182 (Appeals).

3.

A Land Use Permit approved in compliance with this Section shall not be issued and deemed effective:

a.

Prior to the expiration of the appeal period or, if appealed, prior to final action on the appeal by the decision-maker in compliance with Section 35-182 (Appeals).

Until all conditions of the Land Use Permit that are required to be satisfied prior to the issuance of the Land Use Permit have been satisfied.

c.

Until all necessary approvals, including issuance of a Coastal Development Permit by the California Coastal Commission if required, have been obtained.

4.

In the case of a development which requires a public hearing and final action by the Planning Commission or the Zoning Administrator, or final action by the Director, any subsequently required Land Use Permit shall not be approved or issued within 10 calendar days following the date that the Planning Commission, Zoning Administrator, or Director took final action, during which time an appeal may be filed in compliance with Section 35-182 (Appeals).

5.

If a Land Use Permit is requested for property subject to a resolution of the Board initiating a rezoning or amendment to this Article, a Land Use Permit shall not be approved or conditionally approved while the proceedings are pending on such rezoning or amendment unless (1) the proposed uses or structures will conform to both the existing zoning and existing provisions of this Article and the rezoning or amendment initiated by the Board or (2) the effective date of a Preliminary or Final Development Plan approved in compliance with Section 35-174 (Development Plans) precedes the adoption of the Board's resolution and the proposed uses and structures are in conformance with the approved Preliminary or Final Development Plan.

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

Section 35-178.5 Findings Required for Approval of a Land Use Permit.

A Land Use Permit shall be approved or conditionally approved only if the decision-maker first makes all of the following findings:

1.

The proposed development conforms:

a.

To the applicable policies and provisions of the Comprehensive Plan, including the Coastal Land Use Plan and,

b.

With the applicable provisions of this Article; or falls within the limited exception allowed under Section 35161 (Nonconforming Use of Land, Buildings and Structures).

The proposed development is located on a legally created lot.

3.

The subject property is in compliance with all laws, rules, and regulations pertaining to zoning uses, subdivisions, setbacks and any other applicable provisions of this Article, and any applicable zoning violation enforcement fees and processing fees have been paid. This subsection shall not be interpreted to impose new requirements on legal nonconforming uses and structures in compliance with Division 10 (Nonconforming Structures and Uses).

Section 35-178.6 Permit Expiration and Extension. (Amended by Ord. 4811, 11/14/2013; Ord. 4888, 10/10/2014)

1.

Approved and conditionally approved Land Use Permits. Except as provided in Subsection 1.a, below, an approved or conditionally approved Land Use Permit shall expire 12 months from the effective date and shall be considered void and of no further effect unless an application for a Time Extension is submitted

prior to the expiration of the approved or conditionally approved Land Use Permit and subsequently approved or conditionally approved in compliance with Section 35-179B (Time Extensions).

a.

An unexpired, approved or conditionally approved Land Use Permit that has not been issued as of November 14, 2013 shall expire on November 14, 2014 and shall be considered void and of no further effect unless an application for a Time Extension is submitted prior to the expiration of the approved or conditionally approved Land Use Permit and subsequently approved or conditionally approved in compliance with Section 35-179B (Time Extensions).

2.

Issued Land Use Permits. An issued Land Use Permit shall expire two years from the date of issuance and shall be considered void and of no further effect unless:

a.

The use or structure for which the Land Use Permit was issued has been established or commenced in conformance with the issued Land Use Permit, or

b.

An application for a Time Extension is submitted prior to the expiration of the issued Land Use Permit and subsequently approved or conditionally approved in compliance with Section 35-179B (Time Extensions).

Section 35-178.7 Revocation. ¶

Issuance of the Land Use Permit is contingent upon compliance with all conditions imposed as part of the project approval. If it is determined that development activity is occurring in violation of any or all

conditions, the Director of Planning and Development may revoke this permit and all authorization for development.

Section 35-179. - Modifications.

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

Section 35-179.1 Purpose and Intent.

The purpose and intent of this Section is to allow minor modifications of District setback regulations, parking, height requirements or zoning development standards where, because of practical difficulties, integrity of design, topography, tree or habitat protection or other similar site conditions, minor adjustments to such regulations, requirements, or standards would result in better design, resource protection and land use planning.

Section 179.2. Applicability. (Amended by Ord. 4811, 11/14/2013)

1.

The provisions of this Section shall apply to specific development proposals allowed pursuant to the Permitted Uses sections in all zone districts, which are not otherwise subject to Conditional Use Permit or Development Plan requirements.

2.

In no case shall a Modification, pursuant to this Section, be granted to permit a use or activity which is not otherwise permitted in the District in which the property is situated, nor shall a Modification be granted which alters the procedural or timing requirements of this Article.

3.

Modifications may only be granted in conjunction with a specific development proposal and are limited to all of the following:

a.

The total area of each front, side or rear setback area shall not be reduced by more than 20 percent of the minimum setback area required pursuant to the applicable District regulations.

1)

If a portion of a front, side or rear setback area that is requested to be reduced is occupied by a nonconforming structure(s) at the time of application for the Modification, then the setback area occupied by the nonconforming structure(s) shall be added to the amount of setback area requested to be reduced in determining whether the requested reduction in front, side or rear setback area would exceed 20 percent of the minimum setback area required pursuant to the applicable District regulations.

b.

No setback reduction for buildings and structures, except for unenclosed, attached, porches or entryways, shall result in:

1.

A front yard setback depth, as measured from the right of way or easement line of a street or driveway, of less than 16.5 feet.

2.

A side yard setback depth from property lines of less than three feet.

3.

A rear yard setback depth from property lines of less than 15 feet.

c.

No unenclosed, attached porch or entryway shall result in a front yard setback depth, as measured from the right of way or easement line of a street or driveway, of less than 10 feet.

d.

Up to a 10 percent increase in District height regulations, excluding parcels within the MON Overlay District.

e.

Up to a 10 percent increase in mandatory Floor Area Ratio (FAR) requirements for buildings originally constructed prior to the adoption of such FAR regulations (e.g., if the required FAR is 0.50 the maximum modification allowed would be 0.55.), excluding parcels within the MON Overlay District.

f.

Reduction of parking spaces. A reduction in the required number and/or a modification in the design or location of parking spaces and loading zones may be allowed provided that in no case shall:

1)

The number of required parking spaces be reduced in the Medium Density Student Residential, High Density Student Residential, or Single Family Restricted Overlay Districts.

2)

The number of required bicycle parking spaces be reduced.

3)

The number of spaces required for an accessory dwelling unit be reduced, unless such reduction in the number of spaces is allowed in compliance with Section 35-142 (Accessory Dwelling Units and Junior Accessory Dwelling Units).

4)

Any parking or screening requirement for a vehicle with more than two-axles, a recreational vehicle or bus, a trailer or other non-passenger vehicle be modified.

4.

In no case shall a Modification be granted pursuant to this Section for a reduction in landscape, buffer, open space, or other requirements of this Article except as provided above.

(Ord. No. 5194, § 33, 11-7-2023)

Section 35-179.3 Jurisdiction.

The decision-maker for a Modification, pursuant to this Section, shall be the Zoning Administrator who upon making the findings required under this Section, may approve or conditionally approve Modifications to the regulations applicable to physical standards for land, buildings, and structures contained in this Article, as listed in Section 35-179.2.3.

Section 35-179.4 Contents of Application.

As many copies of a Modification application as may be required shall be submitted to the Planning and Development Department. Said application shall contain full and complete information as required pertaining to the request.

Section 35-179.5 Processing. (Amended by Ord. 4811, 11/14/2013)

1.

After receipt of an application for a Modification, the Planning and Development Department shall review the application in compliance with the requirements of the California Environmental Quality Act.

a.

When an application is submitted for development that requires the approval of a Coastal Development Permit that is appealable to the Coastal Commission in compliance with Section 35-182 (Appeals), then an application for a Coastal Development Permit shall also be submitted and shall be processed in compliance with Section 35-169.4.3 concurrently with the application for the Modification.

2.

The project shall be subject to the provisions of Section 35-184 (Board of Architectural Review), and shall be scheduled to be heard by the Board of Architectural Review for preliminary review and approval only, before the project being heard by the Zoning Administrator

3.

The Zoning Administrator shall hold at least one noticed public hearing on the requested Modification, unless waived in compliance with Subsection D.7, below, and either approve, conditionally approve, or deny the request.

4.

Notice of the hearing shall be given and the hearing shall be conducted in compliance with Section 35-181 (Noticing).

5.

The decision-maker, in approving the Modification, may require conditions as deemed reasonable and necessary to promote the intent and purpose of this Article and the public health, safety, and welfare.

6.

The action of the decision-maker is final subject to appeal in compliance with Section 35-182 (Appeals).

7.

Waiver of public hearing. For applications for development that is not appealable to the Coastal Commission in compliance with Section 35-182 (Appeals), the requirement for a public hearing may be waived by the Director of the Planning and Development Department in compliance with the following requirements. If the requirement for a public hearing is waived, then the Director shall be the decisionmaker for the Modification application. A listing of Modification applications for which the public hearing may be waived shall be provided on the decision-maker hearing agendas.

a.

1)

The notice shall include a statement that failure by a person to request a public hearing may result in the loss of that person's ability to appeal any action taken on the Modification application.

b.

A written request for public hearing is not received by the Planning and Development Department within the 15 working days immediately following the date the notice is provided in compliance with Subsection D.7.a, above.

Section 35-179.6 Findings Required for Approval.

A Modification shall only be approved if all of the following findings are made:

1.

The project is consistent with the Coastal Act, Comprehensive Plan including the Local Coastal Plan and any applicable Community Plan.

The project complies with the intent and purpose of the applicable Zone District(s) including Overlays, this Section and this Article.

3.

The Modification is minor in nature and will result in a better site or architectural design, as approved by the Board of Architectural Review in compliance with Section 35-184 (Board of Architectural Review, and/or will result in greater resource protection than the project without such Modification.

(Amended by Ord. 4584, 11/22/2005)

4.

The project is compatible with the neighborhood, and does not create an adverse impact to community character, aesthetics or public views.

5.

Any Modification of parking or loading zone requirements will not adversely affect the demand for on-street parking in the immediate area.

6.

The project is not detrimental to existing physical access, light, solar exposure, ambient noise levels or ventilation on or off site.

7.

Any adverse environmental impacts are mitigated to a level of insignificance.

Section 35-179.7 Permit Expiration and Extension. (Amended by Ord. 4888, 10/10/2014)

1.

Unless otherwise specified by conditions of project approval, an approved or conditionally approved Modification shall expire one year from the effective date and shall be considered void and of no further effect unless:

a.

A Coastal Development Permit has been issued for the structure that is the subject of the Modification, or

b.

An application for a Time Extension is submitted prior to the expiration of the approved or conditionally approved Modification and subsequently approved or conditionally approved in compliance with Section 35-179B (Time Extensions).

2.

If the Coastal Development Permit for the structure that is the subject of the Modification expires, then the Modification shall also expire and be considered void and of no further effect.

Section 35-179A. - Zoning Clearances.

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

1.

Purpose and intent. This Section provides procedures and findings to allow for the approval of, and effective time periods for, Zoning Clearances which may be required in compliance with Subsection 2. (Applicability), below. The intent of this Section is to ensure that development conforms to the provisions of the Comprehensive Plan and the Local Coastal Program, including the Coastal Land Use Plan and any applicable community or area plan, this Article, and any conditions or development standards established by the County.

2.

Applicability.

a.

Zoning Clearance required. A Zoning Clearance shall be issued by the Director where a Zoning Clearance is required in compliance with this Article unless other requirements of this Article specify that the Zoning Clearance is not required or that the activity is exempt from the approval of a planning permit in compliance with Section 35-169.2 (Applicability). A Zoning Clearance shall not take the place of a required Coastal Development Permit.

b.

Zoning Clearance approval. The issuance of a Zoning Clearance certifies that the land use or development will satisfy:

1)

All conditions of approval of a Coastal Development Permit that are required to be satisfied prior to the issuance of the Coastal Development Permit.

2)

All conditions of approval of any existing approved permits for the subject property, including applicable discretionary projects (e.g., Conditional Use Permit, Final and Parcel Maps, Development Plans).

3.

Section 35-179B. - Time Extensions.

(Added by Ord. 4888, 10/10/2014, Amended by Ord. 5109 07/02/2020, Ord. 5122 11/10/2020; Ord. 5095, 03/11/2021)

A.

Purpose and intent. The purpose of this Section is to provide the procedures and findings for approval of Time Extensions that may be allowed in compliance with this Article.

B.

Applicability and filing. The provisions of this Section shall apply to all applications for Time Extensions. The application shall be submitted prior to the expiration of the permit that is the subject of the Time Extension

request. However, final action by the County on the application may occur following the date that the permit would otherwise expire.

C.

Contents of application. An application for a Time Extension shall be filed and processed in compliance with Section 35-57A (Application Preparation and Filing).

D.

Processing. References to decision-maker in this Section 35-179B (Time Extensions), including the following Table 11-1 (Permit Expiration and Time Extensions), shall mean the decision-maker responsible for reviewing and making a decision on the specific planning permit in compliance with Table 1-1 (Decisionmaker Authority of Section 35-57C (Authority for Land Use and Zoning Decisions) unless a specific decision-maker (e.g., Board, Director, Planning Commission, Zoning Administrator) is otherwise identified.

Table 11-1Permit Expiration and Time Extensions

Type of Permit	Permit Expiration	Number and Length of Time Extensions	Time Extension Decision-maker
Coastal Development Permits initially approved or conditionally approved by the Director (1)	One year following efective date	One time for 12 months (2)	Director
Coastal Development Permits initially approved or conditionally approved by the Zoning Administrator	One year following efective date	One time for 12 months (2)	Zoning Administrator
Coastal Development Permits initially approved or conditionally approved by the Planning Commission	One year following efective date	One time for 12 months (2)	Planning Commission
Coastal Development Permits that have been issued	Two years following date of issuance	One time for 12 months	Director
Conditional Use Permits, Major	18 months from efective date or other approved time period	One time, length of extension to be determined at time of approval	Planning Commission
Conditional Use Permits, Minor	18 months from efective date or other approved time period	One time, length of extension to be determined at time of approval	Zoning Administrator
Design Review	See Note (3)
Development Plans, Final	Five years from efective date	One time for 12 months (4)	Initial decision-maker
Development Plans, Preliminary	Two years from efective date	One time for 12 months (4)	Initial decision-maker
Emergency Permits	See Note (5)	N/A	N/A
Land Use Permits, approved or conditionally approved	One year following efective date	One time for 12 additional months	Director
Land Use Permits, issued	Two years from date of issuance	One time for 12 additional months	Director
---	---	---	---
Modifcations	See Note (6)	One time for 12 additional months	Director
Zoning Clearances	Two years from date of issuance	One time for 12 additional months	Director

Notes:

(1) This includes applications for time extensions where the requirement for a public hearing has been waived by the Director.

(2) The expiration of a Coastal Development Permit approved in conjunction with a discretionary permit may be extended for two additional two year periods.

(3) Board of Architectural Review approvals shall expire on the date the associated development permit (e.g., Coastal Development Permit), including time extensions, expires. Where there is no associated development permit, Board of Architectural Review approvals shall expire two years from the date of approval, except that the Director may grant an extension of the approval if an active development permit is being processed by the Department.

(4) A Development Plan (Preliminary or Final) shall expire 12 months from the effective date of the time extension or two years from the initial effective date of approval of the Development Plan, whichever occurs first.

(5) The Director may specify an expiration date at the time of permit approval.

(6) A Modification shall expire one year from the effective date if a Coastal Development Permit has not been issued for the development. Once the Coastal Development Permit has been issued, the Modification shall have the expiration date as the issued Coastal Development Permit.

Coastal Development Permits.

a.

Approved and conditionally approved Coastal Development Permits. The decision-maker responsible for reviewing and making a decision on the Coastal Development Permit in compliance with Table 1-1 (Decision-maker Authority of Section 35-57C (Authority for Land Use and Zoning Decisions) for which the Time Extension is requested may extend the expiration of an approved or conditionally approved Coastal Development Permit one time for 12 additional months for good cause shown in compliance with the following:

After receipt of an application for a Time Extension the Department shall review the application in compliance with the requirements of the California Environmental Quality Act if the application is subject to CEQA.

2)

Notice of the application shall be given in compliance with Section 35-181 (Noticing).

3)

Decision and hearing.

a)

Applications under the jurisdiction of the Director. The Director may approve, conditionally approve or deny the request. A public hearing shall not be required.

b)

Applications under the jurisdiction of the Planning Commission or Zoning Administrator.

i)

The decision-maker shall hold at least one noticed public hearing on the requested Time Extension, unless waived in compliance with Subsection D.7 (Waiver of public hearing), below, and approve, conditionally approve or deny the request.

ii)

Notice of the time and place of the hearing shall be given and the hearing shall be conducted in compliance with Section 35-181 (Noticing).

4)

The action of the decision-maker is final subject to appeal in compliance with Section 35-182 (Appeals).

5)

A Time Extension application shall be approved or conditionally approved only if the decision-maker first finds that applicable findings for approval required in compliance with Section 35-169.5 (Findings Required for Approval of a Coastal Development Permit) that were made in conjunction with the initial approval of the Coastal Development Permit can still be made.

6)

If the initial expiration of a Coastal Development Permit approved in compliance with Section 35-169.4.3 (Coastal Development Permits processed in conjunction with a discretionary permit application) was extended in compliance with this Subsection D.1.a (Approved and conditionally approved Coastal Development Permits), above, then the decision-maker may approve two additional time extensions for two

years each for good cause in compliance with this Subsection D.1.a (Approved and conditionally approved Coastal Development Permits).

b.

Issued Coastal Development Permits. The Director may extend the expiration of an issued Coastal Development Permit one time for 12 additional months for good cause shown in compliance with the following:

1)

2)

Notice of the application shall be given in compliance with Section 35-181.7 (Time Extensions for Applications Under the Jurisdiction of the Director).

3)

The Director may approve, conditionally approve or deny the request. A public hearing shall not be required.

4)

The action of the Director is final subject to appeal in compliance with Section 35-182 (Appeals).

5)

A Time Extension application shall be approved or conditionally approved only if the Director first finds that applicable findings for approval required in compliance with Section 35-169.5 (Findings Required for Approval of a Coastal Development Permit) that were made in conjunction with the initial approval of the Coastal Development Permit can still be made.

2.

Conditional Use Permits and Minor Conditional Use Permits.

a.

The decision-maker responsible for reviewing and making a decision on the Conditional Use Permit or Minor Conditional Use Permit in compliance with Table 1-1 (Decision-maker Authority) of Section 35-57C (Authority for Land Use and Zoning Decisions) may extend the time limit in which the Land Use Permit or Zoning Clearance is required to be issued in compliance with Section 35-172.9.2 (Permit expiration and extension) one time for good cause shown in compliance with the following:

After receipt of an application for a Time Extension the Department shall review the application in compliance with the requirements of the California Environmental Quality Act.

2)

Notice of the application shall be given in compliance with Section 35-181 (Noticing).

Applications under the jurisdiction of the Director. The Director may approve, conditionally approve or deny the request. A public hearing shall not be required.

b)

Applications under the jurisdiction of the Commission or Zoning Administrator.

i)

ii)

Notice of the time and place of the hearing shall be given and the hearing shall be conducted in compliance with Section 35-181 (Noticing).

4)

c.

The Director may approve, conditionally approve or deny the request. A public hearing shall not be required.

d.

The action of the Director is final subject to appeal in compliance with Section 35-182 (Appeals).

e.

A Time Extension application shall be approved or conditionally approved only if the Director first finds that applicable findings for approval required in compliance with Section 35-179.6 (Findings Required for Approval) that were made in conjunction with the initial approval of the Modification can still be made.

6.

Zoning Clearances. The Director may extend the expiration of an issued Zoning Clearance one time for 12 additional months for good cause shown in compliance with the following:

a.

The Director may approve, conditionally approve or deny the request. A public hearing shall not be required.

b.

The action of the Director is final and is not subject to appeal.

A Time Extension shall be approved or conditionally approved only if the Director first determines that the determination that was made in compliance with Section 35-179A.4 (Processing) that was made in conjunction with the initial issuance of the Zoning Clearance can still be made.

7.

Waiver of public hearing. The requirement for a public hearing may be waived by the Director in compliance with the following requirements:

a.

1)

The notice shall include a statement that failure by a person to request a public hearing may result in the loss of that person's ability to appeal any action taken on the Time Extension application.

b.

A written request for public hearing is not received by the Department within the 15 working days immediately following the date the notice in compliance with Subsection D.7.a, above, is mailed.

c.

If the requirement for a public hearing is waived, then the Director shall be the decision-maker for the Time Extension application.

d.

A listing of Time Extension applications for which a notice that the public hearing may be waived has been mailed shall be provided on the next available hearing agenda of the decision-maker who would otherwise have jurisdiction over the Time Extension application following the mailing of the notice.

8.

Time extensions due to hardship related to COVID-19. In addition to the Time Extensions provided in Subsection D.1 through Subsection D.6, above, the Director may for good cause extend the expiration of a planning permit for one additional 24 month period in compliance with the following:

a.

The Director has determined that a Time Extension is necessary due to a hardship resulting from COVID-19 and/or the associated economic downturn.

b.

The application for the Time Extension is filed with the Department in compliance with the following:

(1)

The application shall be filed in compliance with Section 35-57A (Application Preparation and Filing).

(2)

The application shall be filed prior to the expiration of the planning permit that is the subject of the Time Extension request and before the Board of Supervisors declares the proclaimed Santa Barbara County Local Emergency from the COVID-19 virus is terminated or when the COVID-19 provisions (Sections 35161.2.a, 35-179B.D.8, 35-179E, and 35-185.9) are terminated earlier by ordinance amendment.

c.

Notice of the application shall be given in compliance with Section 35-181.7 (Time Extensions for Applications Under the Jurisdiction of the Director).

d.

A Time Extension application shall be approved only if the Director first finds that applicable determination or findings for approval required in compliance with Section 35-169.5 (Findings Required for Approval of a Coastal Development Permit), Section 35-172.8 (Findings Required for Approval of a Conditional Use Permit), Section 35-174.7 (Findings Required for Approval of a Preliminary or Final Development Plan), Section 35-178.5 (Findings Required for Approval of a Land Use Permit) or Section 35-179.6 (Findings Required for Approval of a Modification), as applicable, that were made in conjunction with the initial approval of the planning permit for which the Time Extension is requested can still be made.

e.

The action of the Director is final and not subject to appeal.

E.

Effect of expiration. After the expiration of a planning permit no further work shall be done on the site until a new planning permit and any required Building Permit or other County permits are first obtained.

Section 35-179C. - Use Determinations.

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

A.

Purpose and intent. The purpose of this Section is to provide procedures for evaluating land uses that are proposed pursuant to Section 35-77A.3.10, Section 35-78.3.19, Section 35-80.3.8, Section 35-84.4.14, Section 35-88.4.7, Section 35-89.5.4., and Section 35-93.3.13. The intent of this Section is to provide specific consideration of proposed land uses which are not specifically enumerated by may be allowed if they are found to be similar in character to uses that are already enumerated as permitted uses within that zone district. Within this section "permitted uses" shall mean those uses listed in Division 4 (Zoning Districts) that do not require the approval of a Major or Minor Conditional Use Permit in compliance with Section 35-172 (Conditional Use Permits).

B.

Applicability. The provisions of this Section shall only apply to zones C-1 (Limited Commercial), C-2 (Retail Commercial), CH (Highway Commercial), M-RP (Industrial Research Park), PU (Public Utilities), REC (Recreation), and TC (Transportation Corridor).

1.

Medical Marijuana Dispensaries. In compliance with Section 35-144I (Medical Marijuana Dispensaries), Medical Marijuana Dispensaries are not allowed in any zone district and shall not be approved through a Use Determination in compliance with the Section 35.179C (Use Determinations).

C.

Contents of application. An application for a Use Determination shall be submitted in compliance with Section 35-57A (Application Preparation and Filing).

D.

Processing.

1.

After receipt of an application for a Use Determination, the Department shall review the application in compliance with the requirements of the California Environmental Quality Act.

2.

The Commission shall hold at least one noticed public hearing on the requested Use Determination and approve, conditionally approve, or deny the request.

3.

Notice of the time and place of the hearing shall be given and the hearing shall be conducted in compliance with Section 35-181 (Noticing).

4.

The action of the Commission is final subject to appeal in compliance with Section 35-182 (Appeals).

E.

Findings required for approval of Use Determinations. A Use Determination application shall be approved or conditionally approved only if the Commission first makes all of the following findings, as applicable:

1.

Section 35-179D. - Recordable Documents.

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

In addition to any requirements to record a Notice to Property Owner for certain identified land uses pursuant to Division 4 (Zoning Districts), Division 7 (General Regulations), and Division 17 (Gaviota Coast Plan (GAV) Overlay), applicants shall record a Notice to Property Owner, Agreement, or other document, for the following matters related to real property, when a condition of approval of a planning permit or other land use entitlement requires it.

A.

Notices to Property Owners. Any notice to property owner required by this Coastal Zoning Ordinance, including, but not limited to, the following, are recordable documents.

1.

Accessory structure.

2.

Agricultural employee dwelling.

3.

Building and development envelopes.

4.

Buyer beware/notification regarding availability of public water and/or sewer.

5.

Development exclusion areas.

6.

Development standards and other provisions when required pursuant to a community plan.

7.

Fencing to allow animal passage.

8.

Fuel management zones.

Landscaping maintenance.

10.

Plans (e.g., a solid waste management plan or habitat management plan) or actions (e.g., maintenance activities) that an applicant must implement, maintain, and/or take for an extended period of time (e.g., for the life of a project).

11.

Temporary dwelling unit (or temporary second unit).

12.

Watchman's trailer.

B.

Other Notices, Agreements, Covenants, and Easements. Documents to require, or notify future buyers of real property of, the following are recordable.

1.

Compliance with the parking requirements of this Coastal Zoning Ordinance, including, but not limited to, provision of an offsite parking easement.

2.

Compliance with project and/or permit conditions of approval.

3.

Declaration of Restrictions.

4.

Implementation of historic structural preservation and restoration/renovation plan or program.

5.

Implementation of Stormwater Control Plan or Stormwater Quality Management Plan.

6.

Maintenance of stormwater quality and retention measures.

7.

Prohibitions on high water use/consumption businesses.

8.

Affordable Housing Agreement and Resale Restrictive Covenant and Preemptive Right.

9.

Water well meter monitoring, provision of meter records, and measures to take in the event water quality degrades.

(Ord. No. 5194, § 34, 11-7-2023; Ord. No. 5204, § 33, 2-13-2024)

Section 35-179E. - Temporary Suspension of Compliance with the Project Description and/or Conditions of Approval to an Approved Project Necessary to Protect Public Health.

(Added by Ord. 5109, 07/02/2020)

physical distancing and/or other public health requirements can be met and to provide other forms of relief, certain temporary changes to an approved project may be allowed.

1.

For the time period stated in Subsection 35-185.9.1 (Temporary Time Period), temporary changes to an approved project that are necessary to ensure physical distancing and/or comply with other public health requirements put in place by federal, state, or local public health officials to limit the spread of COVID-19 and that meet the requirements as detailed in Subsection 35-185.9.3 (Requirements) of Section 35-185.9 (Temporary Suspension of Compliance in order to Protect Public Health) do not require submittal of an application for the following:

a.

Minor Changes to Coastal Development Permits (Section 35-169.10)

b.

Substantial Conformity, Amendments and Revisions for Conditional Use Permits (Section 35-172.11)

c.

Substantial Conformity, Amendments and Revisions for Development Plans (Section 35-174.10)

d.

Minor Changes to Zoning Clearances (Section 35-179A.6)

Section 35-179E.1 shall take precedence over any conflicting provisions of Article II.

2.

Prior to implementation of the temporary changes to an approved project authorized under Section 35185.9, the owner/applicant may, and is encouraged to, submit a completed checklist, revised site plan, photos, and description of proposal describing the temporary changes and how the requirements of Subsection 35-185.9.3 (Requirements) will be met.

3.

Within 30 days of implementing temporary changes to an approved project authorized under Section 35185.9, the owner/applicant shall submit a completed checklist, revised site plan, photos, and description of proposal describing the temporary changes and how the requirements of Subsection 35-185.9.3 (Requirements) have been met.

DIVISION 12 - ADMINISTRATION

Section 35-180. - Amendments to a Certified Local Coastal Program.

Section 35-180.1 Purpose and Intent.

The purpose of this section is to provide for changes in the land use and/or zoning designation on properties where such change is warranted by consideration of location, surrounding development and timing of development, to provide for text amendments to this Article and/or the Coastal Land Use Plan as the County may deem necessary or desirable and to provide for amendments to any ordinances or implementation programs carrying out the provisions of the Coastal Land Use Plan. The intent of this section is to provide the mechanism consistent with the Coastal Act for amending a certified Local Coastal Program which consists of a Land Use Plan, Zoning and other ordinances, Land Use and Zoning Maps and special programs, i.e., recreation and access.

Section 35-180.2 Applicability.

Any amendment to the Local Coastal Program shall be adopted pursuant to the provisions of this section.

Section 35-180.3 Initiation.

An amendment to a certified Local Coastal Program may be initiated by:

1.

One or more persons owning property representing at least 50 percent of the assessed valuation of the property which will be affected by such amendment.

2.

Resolution of intention by the Board of Supervisors.

3.

Resolution of intention by the Planning Commission.

The Director.

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

Section 35-180.4 Processing.

1.

As many copies of a Rezone, Ordinance Amendment or Coastal Land Use Plan Amendment application as may be required shall be submitted to the Planning and Development Department.

2.

The Planning and Development Department shall process the application through environmental review.

3.

The Planning Commission shall hold at least one public hearing on the proposal.

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

4.

Notice of the hearing shall be given at least 10 calendar days before the hearing in the following manner:

a.

For any amendment, notice shall be:

1)

Published in a newspaper of general circulation, in the County.

2)

Mailed to any person who has filed a written request therefore and has supplied the County with selfaddressed, stamped envelopes.

3)

Mailed to the Coastal Commission.

b.

In addition, for a proposed change of zone district or change of land use designation, notices shall be mailed:

1)

To the owners of the affected property and also the owners of the property within 300 feet of the exterior boundaries of the affected property, using for this purpose, the name and address of such owners shown on the tax rolls of the County.

2)

To residents of the affected property and residents within 100 feet of the affected property.

3)

In the event that the number of owners and/or residents to whom notice would be sent pursuant to 1 or 2 above is greater than one thousand, the County may provide notice by placing a display advertisement of at least one-eighth page in a newspaper of general circulation, published and circulated in the affected area of the County, at least 10 days prior to the hearing.

(Amended by Ord. 3852, 03/20/1990)

4)

If there is a valid and operational Conditional Use Permit associated with a proposed rezone site and under the new zone district the conditionally permitted use would become a permitted use, the Conditional Use Permit conditions of approval shall remain valid unless altered or deleted pursuant to Section 35-172.11.

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

Section 35-180.5 Action

The Planning Commission's action shall be transmitted to the Board of Supervisors by resolution of the Planning Commission carried by the affirmative votes of a majority of its total voting members. The resolution shall be accompanied by a statement of the Planning Commission's reasons for such recommendation.

Within 40 days of receipt of the recommendation of the Planning Commission, the Board of Supervisors shall hold a public hearing on the matter. If the matter under consideration is a request to change property from one zone to another (rezone), and the Planning Commission has recommended against such a request, the Board of Supervisors shall not be required to hold a public hearing or take any further action on the matter unless within five days of the decision of the Planning Commission, the applicant or other interested person files a written request for such hearing with the Clerk of the Board of Supervisors. Notice of the time and place of said hearing by the Board of Supervisors shall be given in the same time and manner provided for the giving of notice of the hearing by the Planning Commission as specified in this Section. The Board of Supervisors may approve, modify, or disapprove the recommendation of the Planning Commission, provided that any modification of the proposed amendment by the Board of Supervisors not previously considered by the Planning Commission during its hearing shall first be referred to the Planning Commission for a report and recommendation, but the Planning Commission shall not be required to hold a public hearing thereon. Failure of the Planning Commission to report within 40 days of the reference or such longer period as may be designated by the Board of Supervisors shall be deemed to be approval of the proposed modification.

ion during its hearing shall first be referred to the Planning Commission for a report and recommendation, but the Planning Commission shall not be required to hold a public hearing thereon. Failure of the Planning Commission to report within 40 days of the reference or such longer period as may be designated by the Board of Supervisors shall be deemed to be approval of the proposed modification.

Note: Any legislative approval by the Board of Supervisors (i.e., LCP amendments, ordinance amendments, general plan amendments, rezones) which would authorize or allow the development, construction installation, or expansion of any onshore support facility for offshore oil and gas activity on the South Coast of the County of Santa Barbara (from Point Arguello to the Ventura County border) and outside the South

Coast Consolidation Areas is subject to a vote by the voters of the County of Santa Barbara in a regular election as described in Section 35-150.1. This voter approval requirement was added to the ordinance pursuant to the Measure A96 voter approval initiative, passed by the voters of Santa Barbara County on March 26, 1996 and is effective 25 years hence.

(Added by Ord. 4234, 07/23/1996)

Section 35-180.6 Findings Required for Approval of Rezone or Ordinance Amendment. (Added by Ord. 4227, 06/18/1996)

In order for the Planning Commission to recommend approval or for the Board of Supervisors to approve a Rezone or Ordinance Amendment the following findings shall be made by the Planning Commission and Board of Supervisors:

a.

The request is in the interests of the general community welfare.

b.

The request is consistent with the Comprehensive Plan, the Coastal Land Use Plan, the requirements of State planning and zoning laws and this Article.

c.

The request is consistent with good zoning and planning practices.

Section 35-180.7 Coastal Commission Certification. (Amended by Ord. 3484, 01/04/1985)

Any proposed amendment to the Local Coastal Program shall not take effect until it has been certified by the Coastal Commission. Therefore, any approval by the County of such a proposed amendment to the Local Coastal Program shall be submitted to the Coastal Commission as soon as practicable after final approval by the Board of Supervisors in accordance with Section 30512 and Section 30513 of the Coastal Act of 1976.

Section 35-181. - Noticing.

(Amended by Ord. 4595, 03/05/2008; Ord. 4888, 10/10/2014)

Section 35-181.1 Purpose and Intent.

This Section establishes the minimum requirements for providing notice of a public hearing and other required noticing, and public hearing provisions and procedures.

Section 35-181.2 Notice of Public Hearing and Decision-Maker Action.

A.

Minimum noticing requirements for projects that require a public hearing or a discretionary notice of decision-maker action. Notice shall be given by the Department in compliance with Government Code

Sections 65090 - 65096 for all projects that require a noticed public hearing or notice of decision-maker action, including notice of the application and pending action on a Coastal Development Permit processed in compliance with either Section 35-169.4.2 (Coastal Development Permit for development that is appealable to the Coastal Commission in compliance with Section 35-182 (Appeals) and is not processed in compliance with Section 35-169.4.3) or Section 35-169.4.3 (Coastal Development Permits processed in conjunction with a discretionary permit application). Each notice shall comply with the following minimum requirements.

1.

By the Department. Notice shall be given by the Department in compliance with the following:

a.

Newspaper publication. Notice shall be published in at least one newspaper of general circulation within the County and circulated in the area affected by the project at least 10 calendar days before the scheduled public hearing or action by the decision-maker.

Mailed notice.

1)

Notice of filing of an application. Notice of the filing of an application shall be mailed no later than 15 calendar days following the Department's determination that an application is complete for processing to:

a)

Any person who has filed a written request for notice and has supplied the Department with self-addressed stamped envelopes.

The applicant.

c)

The owner of the subject lot, if different from the applicant.

d)

Owners of property located within a 300-foot radius of the exterior boundaries of the subject lot.

e)

All residents located within a 100-foot radius of the exterior boundaries of the subject lot.

Residents of property located within a 300-foot radius of the exterior boundaries of the subject lot of an application for a commercial or noncommercial telecommunications facility, and additions thereto, allowed in compliance with Section 35-144F (Commercial Telecommunications Facilities) or Section 35-144G (Noncommercial Telecommunications Facilities).

g)

Owners and residents of property located within a 1,000 foot radius of the exterior boundaries of the subject facility lease area of an application for a commercial telecommunications facility, and additions thereto, allowed in compliance with Section 35-144F (Commercial Telecommunication Facilities), if the subject lease area is located on a lot with a residential zone designation and the application includes a new freestanding antenna that is visible from the surrounding area.

h)

Owners and residents of property located within a 1,000 foot radius of the exterior boundaries of the subject facility lease area of an application for a commercial telecommunications facility, and additions thereto, allowed in compliance with Section 35-144F (Commercial Telecommunication Facilities), if the subject lease area is located within 1,000 feet of a lot with a residential zone designation and the application includes a new freestanding antenna that is visible from the surrounding area.

i)

The Coastal Commission.

2)

Notice of public hearing or decision-maker action. Notice of public hearing or decision-maker action shall be mailed at least 10 days before the scheduled hearing or action to all parties required to receive notice in compliance with Subsection A.1.b.1) (Notice of filing of an application), above.

3)

Optional notice authorized by the Director. In areas of the County where mail delivery is not available, in lieu of providing mailed notice to persons specified in Subsections A.1.b.1) (Notice of filing of an application), above, and A.1.b.2) (Notice of public hearing or decision-maker action), above, that only have street addresses on record, the Director may authorize that notice be provided by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the County in compliance with the following.

a)

Notice of the filing of an application shall be published no later than 15 calendar days following the Department's determination that an application is complete.

b)

Notice of public hearing or decision-maker action shall be published at least 10 days before the scheduled hearing or action.

c)

Mailed notice shall continue to be sent to all relevant parties in compliance with this Subsection A.1.b (Mailed notice) where mail delivery is available to addresses appearing on the equalized County assessment roll.

4)

The names and addresses used for mailed notice to property owners shall be those appearing on the equalized County assessment roll, as updated from time to time.

c.

Optional notice to more than 1,000 owners of property. If the number of owners to whom notice would be mailed or delivered in compliance with this Section is greater than 1,000, the County may instead provide notice required by Subsection A.1.a (Newspaper publication), above, and Subsection A.1.b.2) (Notice of public hearing or decision-maker action), above, by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the County at least 10 calendar days before the scheduled public hearing or action by the decision-maker.

d.

Posted Notice. The Department shall conspicuously post notice at a minimum of one public place within the County's jurisdiction (e.g., at the Department) no later than 15 calendar days following the Department's determination that an application is complete for processing.

e.

Contents of Notice. The contents of the notice shall be in compliance with Section 35-181.8.

2.

By the applicant. Notice shall be given by the applicant in compliance with the following:

a.

Posted notice.

1)

The applicant shall conspicuously post a notice 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.

2)

The language and form of the notice shall be provided to the applicant by the Department. The notice shall be a minimum of 18 inches tall by 24 inches wide, except that for the following applications the notice shall be a minimum of two feet tall by three feet wide:

a)

Applications for development that is under the jurisdiction of the Planning Commission and requires the approval of a Conditional Use Permit in compliance with Section 35-172 (Conditional Use Permits).

b)

Applications for development that is under the jurisdiction of the Planning Commission and requires the approval of a Development Plan in compliance with Section 35-174 (Development Plans), not including applications for Development Plans required solely in compliance with Section 35-169.2.2.

c)

Applications for legislative actions under the jurisdiction of the Board.

3)

Said notice shall be posted by the applicant:

a)

At least 10 days before the scheduled public hearing or decision-maker action if the application is determined to be exempt from the requirements of the California Environmental Quality Act.

b)

If the application is determined to subject to the requirements of the California Environmental Quality Act, on or before the beginning of the first public comment period on the document prepared in compliance with the California Environmental Quality Act.

4)

The notice shall be continuously posted from the date required by Subsection A.2.a.3), above, until at least 10 days following an action of the decision-maker to approve, conditionally approve, or deny the application, including an action on an appeal of the decision of the decision-maker.

5)

The applicant shall provide proof of the posting of the required notice by filing an affidavit of noticing and any other documentation required by the Director with the Department no later than 10 days before the scheduled initial public hearing or action by the decision-maker. Failure of the applicant to comply with this Section may result in postponement of the public hearing or action by the decision-maker.

Section 35-181.3 Coastal Development Permits and Land Use Permits.

A.

Minimum requirements. Notice of the application and pending action on a Coastal Development Permit processed in compliance with Section 35-169.4.1 (Coastal Development Permits for development that is not appealable to the Coastal Commission in compliance with Section 35-182 (Appeals) and is not

processed in conjunction with a discretionary permit) or a Land Use Permit processed in compliance with Section 35-178 (Land Use Permits) shall be given in compliance with the following.

1.

By the Department. Notice shall be given by the Department in compliance with the following:

Mailed notice.

1)

The Department shall provide mailed notice to:

a)

All owners of property located within a 300-foot radius of the exterior boundaries of the subject lot.

b)

All residents of property located within a 100-foot radius of the exterior boundaries of the subject lot.

c)

All residents of property located within a 300 foot radius of the exterior boundaries of the subject lot of an application for a commercial telecommunication facility, and additions thereto, allowed in compliance with Section 35-144F (Commercial Telecommunication Facilities).

d)

Any person who has filed a written request therefore and has supplied the Department with self-addressed stamped envelopes.

e)

The Coastal Commission.

2)

The names and addresses used for mailed notice to property owners shall be those appearing on the equalized County assessment roll, as updated from time to time.

3)

Optional notice authorized by the Director. In areas of the County where mail delivery is not available, in lieu of providing mailed notice to persons specified in Subsection A.1.a.1), above, that only have street addresses on record, the Director may authorize that notice be provided by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the County in compliance with the following.

a)

The notice shall be published no later than 15 days following the filing of a complete application with the Department and:

i)

If the application is subject to Design Review in compliance with Section 35-184 (Board of Architectural Review), at least 10 days before the scheduled date of the initial review by the Board of Architectural Review including conceptual review, or;

ii)

If the application is not subject to Design Review in compliance with Section 35-184 (Board of Architectural

Review), at least seven days before an action by the Director to approve, conditionally approve or deny a Coastal Development Permit or Land Use Permit.

b)

Mailed notice shall continue to be sent to all relevant parties in compliance with this Subsection A.1 (By the Department) where mail delivery is available to addresses appearing on the equalized County assessment roll.

b.

Posted Notice. The Department shall conspicuously post notice at a minimum of one public place within the County's jurisdiction (e.g., at the Department).

c.

The notice shall be mailed and posted no later than 15 days following the filing of a complete application with the Department and:

1)

2)

If the application is not subject to Design Review in compliance with Section 35-184 (Board of Architectural Review), at least seven days before an action by the Director to approve, conditionally approve or deny a Coastal Development Permit or Land Use Permit.

d.

The notice shall be continuously posted from the date required by Subsection A.1.c, above, and shall remain posted for a minimum of 10 days following an action of the Director to approve, conditionally approve, or deny the Coastal Development Permit or Land Use Permit.

e.

Contents of Notice. The contents of the notice shall be in compliance with Section 35-181.8 (Contents of Notice).

1)

Notice of applications for accessory dwelling units and junior accessory dwelling units, and additions thereto, as may be allowed in compliance with Section 35-142 (Accessory Dwelling Units and Junior Accessory Dwelling Units) shall also include a statement that the grounds for appeal of an approved or conditionally approved Coastal Development Permit are limited to the demonstration that the project is inconsistent with the applicable provisions and policies of the certified Local Coastal Program or that the development does not conform to the public access policies set forth in the Coastal Act (Public Resources Code, Division 20).

2.

By the applicant. Notice shall be given by the applicant in compliance with the following:

a.

Posted notice. The applicant shall conspicuously post a notice 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.

b.

The language and form of the notice shall be provided to the applicant by the Department. The notice shall be a minimum of 18 inches tall by 24 inches wide.

c.

Said notice shall be posted by the applicant no later than 15 days following the filing of a complete application with the Department, and:

1)

2)

If the application is not subject to Design Review in compliance with Section 35-184 (Board of Architectural Review), at least seven days before an action by the Director to approve, conditionally approve, or deny a Coastal Development Permit or Land Use Permit.

The notice shall be continuously posted for a minimum of 17 days from the date required by Subsection A.2.c, above, and shall remain posted for a minimum of 10 calendar days following an action of the Director to approve, conditionally approve, or deny the Coastal Development Permit or Land Use Permit.

e.

The applicant shall provide proof of the posting of the required notice by filing an affidavit of noticing and any other documentation required by the Director with the Department prior to the action by the Director to issue the Coastal Development Permit or Land Use Permit. Failure of the applicant to comply with this Section may result in postponement of the action on the Coastal Development Permit or Land Use Permit.

(Ord. No. 5194, § 35, 11-7-2023)

Section 35-181.4 Notice of Final Action of Coastal Development Permits Appealable to the Coastal Commission.

1.

Provision of notice. For those developments that are appealable to the Coastal Commission in compliance with the definition of appealable development and Section 35-182 (Appeals), a Notice of Final Action of the approval or conditional approval of a Coastal Development Permit shall be mailed to the Coastal Commission and to any interested person who has requested the notice and has submitted a selfaddressed stamped envelope to the Department.

2.

Notice within seven days. The notice shall be mailed within the seven calendar days following the County's final action on the Coastal Development Permit. An action shall be considered final only after exhaustion of County appeal procedures.

3.

Contents of notice. The notice shall include the following:

a.

The applicable decision-maker.

b.

The date of final action.

c.

The status of any appeals.

d.

The conditions of approval of the Coastal Development Permit.

The findings of the Coastal Development Permit.

f.

The procedure for appeal of the County's final action to the Coastal Commission.

Section 35-181.5 Design Review.

A.

Minimum Requirements. Notice of applications for Design Review shall be given in compliance with the following:

1.

By the Department. Notice shall be given by the Department in compliance with the following:

Mailed notice.

1)

The Department shall provide mailed notice to:

a)

All owners of property located within a 300-foot radius of the exterior boundaries of the subject lot.

i)

Within the Toro Canyon Plan Area mailed notice shall also be provided to all owners of property located within a 500 foot radius of the exterior boundaries of the subject lot.

b)

All residents of property located within a 100-foot radius of the exterior boundaries of the subject lot.

c)

Any person who has filed a written request therefore and has supplied the Department with self-addressed stamped envelopes.

2)

The names and addresses used for mailed notice to property owners shall be those appearing on the equalized County assessment roll, as updated from time to time.

3)

addresses on record, the Director may authorize that notice be provided by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the County in compliance with the following.

a)

The notice shall be published no later than 15 days following the filing of a complete application with the Department and at least 10 days before the scheduled date of the initial review by the Board of Architectural Review, including conceptual review.

b)

b.

Posted notice. The Department shall conspicuously post notice at a minimum of one public place within the County's jurisdiction (e.g., at the Department).

c.

The notice shall be mailed and posted no later than 15 days following the filing of a complete application with the Department and at least 10 days before the scheduled date of the initial review by the Board of Architectural Review, including conceptual review.

d.

The notice shall be continuously posted from the date required by Subsection A.1.c, above, until at least 10 days following final action by the Board of Architectural Review.

e.

The contents of the notice shall be in compliance with Section 35-181.8 (Contents of Notice), below.

2.

By the applicant. Except for applications for Design Review that are submitted in association with an application that is noticed in compliance with Section 35-181.2 (Notice of Public Hearing and DecisionMaker Action), notice shall be given by the applicant in compliance with the following:

a.

The language and form of the notice shall be provided to the applicant by the Department. The notice shall be a minimum of 18 inches tall by 24 inches wide.

c.

The notice shall be posted by the applicant no later than 15 days following the filing of a complete application to the Department and at least 10 days before the initial review by the Board of Architectural Review, including conceptual review.

d.

The notice shall be continuously posted from the date required by Subsection A.2.c above, until at least 10 days following an action by the Board of Architectural Review to grant final approval.

e.

The applicant shall provide proof of the posting of the required notice by filing an affidavit of noticing and any other documentation required by the Director with the Department no later 10 days before the scheduled date of the initial review by the Board of Architectural Review, including conceptual review. Failure of the applicant to comply with this Section may result in postponement of the review by the Board of Architectural Review.

Section 35-181.6 Emergency Permits.

A.

Minimum requirements. Notice of the application for an Emergency Permit shall be given in compliance with the following:

1.

Mailed notice.

a.

The Department shall provide mailed notice to:

1)

All owners of property located within a 300 foot radius of the exterior boundaries of the subject lot.

2)

All residents within a 100 foot radius of the exterior boundaries of the affected property.

b.

The names and addresses used for mailed notice to property owners shall be those appearing on the equalized County assessment roll, as updated from time to time.

Optional notice authorized by the Director. In areas of the County where mail delivery is not available, in lieu of providing mailed notice to persons specified in Subsection A.1.a, above, that only have street addresses on record, the Director may authorize that notice be provided by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the County in compliance with the following.

1)

Publication of the notice is not required to precede the actual commencement of the emergency work.

2)

Mailed notice shall continue to be sent to all relevant parties in compliance with this Subsection A.1 (Mailed notice) where mail delivery is available to addresses appearing on the equalized County assessment roll.

2.

Posted notice. The Department shall also conspicuously post a notice in three locations on the subject lot.

3.

The mailing or posting of notice is not required to precede the actual commencement of the emergency work.

4.

The contents of the notice shall be in compliance with Section 35-181.8 (Contents of Notice), below.

Section 35-181.7 Time Extensions for Applications Under the Jurisdiction of the Director.

A.

Minimum requirements. Notice of the application and pending action on an application for a Time Extension under the jurisdiction of the Director shall be given in compliance with the following.

1.

By the Department. Notice shall be given by the Department in compliance with the following:

a.

Newspaper publication. If the Director is the decision-maker on an application because the requirement for a hearing on the application has been waived in compliance with this Article, then notice shall be published in at least one newspaper of general circulation within the County and circulated in the area affected by the project at least 10 days before an action by the Director to approve, conditionally approve or deny the application.

b.

Mailed notice.

Except as provided in Subsection A.1.b.3), below, mailed notice shall be provided to:

a)

All owners of property located within a 300-foot radius of the exterior boundaries of the subject lot.

b)

All residents of property located within a 100-foot radius of the exterior boundaries of the subject lot.

c)

d)

Any person who has filed a written request therefore and has supplied the Department with self-addressed stamped envelopes.

e)

The Coastal Commission.

2)

The names and addresses used for mailed notice to property owners shall be those appearing on the equalized County assessment roll, as updated from time to time.

3)

Optional notice authorized by the Director. In areas of the County where mail delivery is not available, in lieu of providing mailed notice to persons specified in Subsection A.1.a, above, that only have street addresses on record, the Director may authorize that notice be provided by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the County in compliance with the following.

a)

The notice shall be published no later than 15 days following the filing of a complete application with the Department and at least 10 days before an action by the Director to approve, conditionally approve or deny the application.

b)

c.

Posted Notice. The Department shall conspicuously post notice at a minimum of one public place within the County's jurisdiction (e.g., at the Department).

d.

The notice shall be mailed and posted no later than 15 days following the filing of a complete application with the Department and at least 10 days before an action by the Director to approve, conditionally approve or deny the application.

e.

The posted notice shall be continuously posted from the date required by Subsection A.1.c, above, and shall remain posted for a minimum of 10 days following an action of the Director to approve, conditionally approve, or deny the application.

f.

The contents of the notice shall be in compliance with Section 35-181.8 (Contents of Notice), below.

Section 35-181.8 Contents of Notice.

1.

Notice for all projects. The following shall be included in all notices required to be provided in compliance with this Section not including notices that are required to be posted by the applicant.

a.

The date of filing of the application and the name of the applicant.

b.

The Department case number assigned to the application.

c.

The name of the Department staff person assigned to review the application and their postal mail address, electronic mail address, and telephone number.

d.

A description of the project, its location, and a statement that the project is located within the Coastal Zone.

2.

Notice for projects that require a public hearing or discretionary decision-maker action. The following shall be included in all notices for projects that require a public hearing or discretionary action by a decisionmaker not including notices that are required to be posted by the applicant.

a.

All information required by Subsection 1 (Notice for all projects), above.

b.

The place, date, and general time of the hearing at which the project will be heard by the decision-maker, if the action requires a public hearing. If the project does not require a public hearing, then only the date of pending action or decision of the decision-maker is required.

c.

A general description of the County procedures concerning the conduct of public hearings and local actions, including the submission of public comments either in writing or orally before the hearing or local decision, and requirements regarding the procedure to appeal the decision.

d.

The procedure for Coastal Commission appeals, including any required appeal fees, if applicable.

e.

Notice of a pending decision by the Director to approve, conditionally approve or deny a Development Plan for a telecommunications facility that is appealable to the Coastal Commission in compliance with Section 35-144F (Commercial Telecommunications Facilities) shall include a statement that the person to whom the notice was mailed may request a public hearing on the proposed Development Plan by submitting a written request to the Department within 10 days of the date of such notice. If a written request is received, the public hearing shall be conducted in compliance with Section 35-181.10 (Hearing Procedure) below.

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

3.

Notice for projects that do not require a public hearing or other discretionary decision-maker action. The following shall be included in all notices for projects that do not require a public hearing or discretionary action by a decision-maker not including notices that are required to be posted by the applicant.

a.

All information required by Subsection 1 (Notice for all projects), above.

b.

A general description of the County procedures concerning the review of the application including:

1)

How to participate in the review of the application.

How to receive notification of any pending review in compliance with Section 35-184 (Board of Architectural Review), if applicable, or action to approve, conditionally approve or deny the application.

3)

How to submit comments either in writing or orally before review by the Board of Architectural Review, if applicable, or action by the Director to approve, conditionally approve or deny the application.

4)

Requirements regarding the procedure to appeal the decision of the Board of Architectural Review, if applicable, or action by the Director to approve, conditionally approve or deny the application.

c.

If applicable, the date of the pending decision on the application, and the date of expiration of the appeal period.

d.

A statement that the public comment period commences upon the date that such notice is given and allows for submission, by mail, in advance of the decision, of public comments on the requested application, excluding Land Use Permits that follow a previous discretionary approval.

Section 35-181.9 Failure to Receive Notice.

The failure of any person or entity to receive notice given in compliance with this Section or in compliance with State Law (Government Code Sections 65090 - 65096) shall not invalidate the actions of the Department or the applicable decision-maker.

Section 35-181.10 Hearing Procedure. ¶

1.

Held at noticed time and place. A public hearing shall be held at the date, time, and place for which notice was given.

2.

Hearing may be continued.

a.

Any public hearing may be continued from time to time without further notice; provided, the chairperson of the decision-maker announces the date, time, and place to which the hearing will be continued before the adjournment or recess of the hearing.

b.

If a public hearing on a project is continued by the local government to a time which is neither (1) previously stated in the notice nor (b) announced at a hearing as being continued to a date, time, and place to which

the hearing will be continued, notice of the further hearing(s) shall be given in compliance with Section 35181.2 (Notice of Public Hearing and Decision-Maker Action), above.

3.

Deferral of final decision. The decision-maker may announce a tentative decision, and defer their action on a final decision until appropriate findings and/or conditions of approval have been prepared.

Section 35-182. - Appeals.

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

Section 35-182.1 Purpose and Intent.

The purpose of this section is to provide procedures for the acceptance and processing of appeals to the Board of Supervisors, Planning Commission and Zoning Administrator and to establish the criteria for those developments that may be appealed to the California Coastal Commission.

Section 35-182.2 General Appeal Procedures.

The decisions or determinations of the Board of Architectural Review, Director, Planning Commission, or Zoning Administrator may be appealed consistent with the following procedures. (In addition, final action on Coastal Development Permits may be appealed to the Coastal Commission, where applicable, in compliance with Section 35-182.6.)

A.

Who May Appeal. An appeal may only be filed by an applicant or any aggrieved person. An aggrieved person is defined as any person who in person, or through a representative, appeared at a public hearing in connection with the decision or action appealed, or who, by other appropriate means prior to a hearing or decision, informed the decision-maker of the nature of his concerns or who for good cause was unable to do either.

B.

Timing and Form of Appeal.

1.

Appeals of decisions of the Board of Architectural Review, Director, Planning Commission or Zoning Administrator.

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

a.

Filing of the appeal. An appeal, which shall be in writing and accompanying fee, of a decision or determination of the Board of Architectural Review, Director, Planning Commission or Zoning Administrator shall be filed with the Department within the 10 calendar days following the date of the decision or determination that is the subject of the appeal, except as follows:

Acceptance of Appeal. An appeal may be rejected by the Director under the following circumstances:

The appeal was not submitted by an applicant or an aggrieved party in compliance with Section 35182.2.A; or

2.

The appeal was not timely submitted in compliance with Section 35-182.2.B; or

3.

The appeal does not comply with the applicable requirements of Section 35-182.2.C.

The decision of the Director is final and not subject to appeal.

E.

Appeal Fees. The appellant shall pay the required filing fee, as established from time to time by resolution of the Board of Supervisors, at the time of the filing of the appeal.

F.

Effect of Filing of Appeal. The filing of the appeal shall have the effect of staying the issuance of any permit or approval provided for by the terms of this Article until such time as final action has occurred on the appeal.

G.

Notice of Public Hearing Required. Notice of the time and place of the hearing shall be given in compliance with Section 35-181 (Noticing). Notice shall be mailed to the appellant and the applicant, if different than the appellant.

H.

Special Processing Requirements. The following requirements apply to applications for Coastal Development Permits or Land Use Permits or Zoning Clearances that also require review by the Board of Architectural Review::

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

1.

If a preliminary approval by the Board of Architectural Review is appealed, then the hearing on the appeal shall be held after the approval of the Coastal Development Permit or Land Use Permit, but prior to the issuance of the Coastal Development Permit or Land Use Permit or Zoning Clearance for such project.

2.

If a preliminary approval by the Board of Architectural Review is appealed, and the approval of the Coastal Development Permit or Land Use Permit is appealed, then the appeal of the preliminary approval by the

Board of Architectural Review shall be processed concurrently with the appeal of the Coastal Development Permit or Land Use Permit.

3.

If a decision of the Board of Architectural Review to deny preliminary or final approval is appealed, then a hearing shall be held on the appeal of the decision of the Board of Architectural Review prior to:

a.

A decision to approve or conditionally approve a Coastal Development Permit, or

b.

A decision to issue Zoning Clearance.

(Ord. No. 5194, § 36, 11-7-2023)

Section 35-182.3 Appeals to the Zoning Administrator.

A.

Decisions appealed to the Zoning Administrator. The following decisions of the Director may be appealed to the Zoning Administrator:

1.

Any decision by the Director to approve, approve with conditions, or deny an application for a Coastal Development Permit or Land Use Permit for temporary use in compliance with Section 35-137 (Temporary Uses) may be appealed to the Zoning Administrator.

B.

Action on Appeal. The Zoning Administrator shall affirm, reverse, or modify the decision of the Director. The action of the Zoning Administrator is final and not subject to appeal.

Section 35-182.4 Appeals to the Planning Commission.

A.

Decisions appealed to the Planning Commission. The following decisions may be appealed to the Planning Commission provided the appeal complies with the requirements of Section 35-182.2.C. and D.

1.

Board of Architectural Review decisions. The following decisions of the Board of Architectural Review may be appealed to the Planning Commission:

a.

Any decision of the Board of Architectural Review to grant or deny preliminary approval.

b.

Any decision of the Board of Architectural Review to grant or deny final approval in compliance with Section 35-182.2.C.2.b.

2.

Director decisions. The following decisions of the Director may be appealed to the Planning Commission: (Amended by Ord. 4888, 10/10/2014)

a.

Any determination on the meaning or applicability of the provisions of this Article.

b.

Any determination that a discretionary permit application or information submitted with the application is incomplete as provided by Government Code Section 65943.

c.

Any decision of the Director to revoke an approved or issued Coastal Development Permit, Land Use Permit, or Zoning Clearance.

d.

Any decision of the Director to approve, conditionally approve, or deny an application for a Coastal Development Permit except for Coastal Development Permits approved in compliance with Section 35-137 (Temporary Uses).

e.

Any decision of the Director to approve, conditionally approve, or deny an application for a Land Use Permit.

f.

Any decision of the Director to approve, conditionally approve, or deny an application for a Development Plan.

g.

Any decision of the Director to approve, conditionally approve, or deny any other discretionary application where the Director is the designated decision-maker.

h.

Any decision of the Director as to whether or not an unauthorized mobilehome park closure is underway.

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

i.

Any other action, decision or determination made by the Director as authorized by this Article where the Director is the decision-maker except when specifically provided that such action, decision or determination is final and not subject to appeal.

3.

Zoning Administrator decisions. The following decisions of the Zoning Administrator may be appealed to the Planning Commission, except that when the lot that is the subject of the decision of the Zoning Administrator is located within the Montecito Planning Area as designated in the Montecito Community Plan, the decision of the Zoning Administrator may be appealed to the Board of Supervisors.

a.

b.

Any other action, decision or determination made by the Zoning Administrator as authorized by this Article where the Zoning Administrator is the decision-maker except when specifically provided that such action, decision or determination is final and not subject to appeal.

B.

Report to the Planning Commission. The Department shall transmit to the Planning Commission copies of the permit application including all maps and data and a statement setting forth the reasons for the decision by the Board of Architectural Review, Director or Zoning Administrator before the hearing on an appeal.

C.

Scope of Appeal Hearings. The hearings on the appeal shall be de novo.

D.

Action on Appeal. The Planning Commission shall affirm, reverse, or modify the decision of the Board of Architectural Review, Director, or Zoning Administrator.

Section 35-182.5 Appeals to the Board of Supervisors.

A.

Decisions appealed to the Board. The following decisions of the Planning Commission may be appealed to the Board of Supervisors provided the appeal complies with the requirements of Section 35-182.2.C. and D.

1.

Any final action on decisions that are appealed to the Planning Commission in compliance with Section 35.182.4. (Appeals to the Planning Commission).

2.

Any final action on decisions of the Planning Commission to approve, approve with conditions, or deny an application for a Coastal Development Permit, Conditional Use Permit, Development Plan, Lot Line Adjustment, Tentative Map, Variance, or other discretionary application where the Planning Commission is the designated decision-maker.

3.

Any other action, decision or determination made by the Planning Commission as authorized by this Article where the Planning Commission is the decision-maker except when specifically provided that such action, decision or determination is final and not subject to appeal.

4.

Any decision of the Zoning Administrator to approve, approve with conditions, or deny an application for a Coastal Development Permit, Conditional Use Permit, Development Plan, Lot Line Adjustment, Modification, Variance, or other discretionary application where the Zoning Administrator is the designated decision-maker when the lot that is the subject of the decision of the Zoning Administrator is located within the Montecito Planning Area as designated in the Montecito Community Plan.

5.

Any other action, decision or determination made by the Zoning Administrator as authorized by this Article where the Zoning Administrator is the decision-maker when the lot that is the subject of the decision of the Zoning Administrator is located within the Montecito Planning Area as designated in the Montecito Community Plan except when specifically provided that such action, decision or determination is final and not subject to appeal.

B.

Report to the Board of Supervisors. The Department shall transmit to the Board of Supervisors copies of the permit application including all maps and data and a statement setting forth the reasons for the decision by the Planning Commission before the hearing on an appeal.

C.

Scope of Appeal Hearings. The hearings on the appeal shall be de novo.

D.

Section 35-183. - Re-applications. ¶

No application shall be accepted nor acted upon if within the past one year, application has been made and denied by the Planning Commission, Zoning Administrator or the Board of Supervisors, which covers substantially the same real property, and which requests approval of substantially the same project unless either the Planning Commission, Zoning Administrator, or the Board of Supervisors permits such reapplication because of an express finding that one or more of the following applies:

1.

That new evidence or material to a revised decision will be presented which was unavailable or unknown to the applicant at the previous hearings and which could not have been discovered in the exercise of

reasonable diligence by the applicant.

2.

That there has been a substantial and permanent change of circumstances since the previous hearings, which materially affects the applicant's real property.

3.

That a mistake was made at the previous hearings which was a material factor in the denial or denials of the previous application.

Section 35-184. - Board of Architectural Review.

(Amended by Ord. 4585, 11/22/2005)

Section 35-184.1 Purpose and Intent.

The purpose and intent of the Board of Architectural Review is to encourage developments which exemplify the best professional design practices so as to enhance visual quality of the environment, benefit surrounding property values, and prevent poor quality of design.

Section 35-184.2 Applicability.

1.

Reference to the Board of Architectural Review or County Board of Architectural Review in this Article shall mean the Central County Board of Architectural Review, the North County Board of Architectural Review, the South County Board of Architectural Review, or the Montecito Board of Architectural Review whichever has jurisdiction, depending on the location of the project site. The geographic boundaries of said boards are depicted in the original map which is located in files of the Clerk of the Board and illustratively shown as Figure 1 appended to Section 35-184.

2.

Review and approval by the Board of Architectural Review shall be required for:

a.

Any structure or sign requiring design review in compliance with DIVISION 4, ZONING DISTRICTS, of this Article.

b.

Any structure or sign requiring design review in compliance with DIVISION 5, OVERLAY DISTRICTS, of this Article.

c.

Any structure requiring design review in compliance with DIVISION 7, GENERAL REGULATIONS, of this Article.

d.

Any structure requiring design review in compliance with DIVISION 10, PERMIT PROCEDURES, of this Article.

e.

Any structure requiring design review as required by the Planning Commission or the Board of Supervisors.

f.

Any structure or sign to be erected located in the Montecito Planning Area as shown on the Coastal Land Use Plan Maps.

g.

Any residential structure on a lot adjacent to the sea.

3.

Gaviota Coast, Summerland and Toro Canyon. In addition to the items identified in Section 35-184.2.2, for sites located within the Gaviota Coast Plan, Summerland Community Plan or the Toro Canyon Area Plan areas, the provisions of this Section shall also apply to any structure, additions to a structure, or sign, except as provided below.

a.

The structure, addition to a structure, or sign is exempt from Board of Architectural Review in compliance with Section 35-184.3 (Exceptions).

b.

Single agricultural structures located within the Gaviota Coast Plan area that have an individual gross floor area of less than 5,000 square feet are not subject to the requirements of this Subsection 3 (Gaviota Coast, Summerland and Toro Canyon) provided:

1)

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

2)

The structure(s) complies with the following standards:

a)

All exterior lighting is in compliance with the following:

i)

The lighting is required for safety purposes only.

ii)

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

iii)

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

b)

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.

Section 35-184.3 Exceptions. (Amended by Ord. 3853, 03/20/1990; Ord. 3978, 02/21/1992)

1.

Exceptions to Design Review Requirements. Board of Architectural Review approval is not required for the following:

a.

Accessory dwelling units and junior accessory dwelling units approved in compliance with Section 35-142 (Accessory Dwelling Units and Junior Accessory Dwelling Units).

b.

Interior alterations.

c.

Decks.

d.

Swimming pools, hot tubs, and spas.

e.

(Ord. No. 5194, § 37, 11-7-2023)

Section 35-184.4 Contents of Application. ¶

1.

Prior to issuance of any permits for development subject to review by the Board of Architectural Review, as many copies of the Board of Architectural Review application and project plans, as well as additional materials (color and texture chips, etc.) as may be required shall be filed with the Planning and Development Department, including but not limited to site plans, architectural drawing, and landscape plans as applicable. The plans shall include the information and details required by the Planning and Development Department.

2.

An application for approval of a sign shall contain project plans and additional information and details required by the Planning and Development Department.

Section 35-184.5 Processing. ¶

1.

The Board of Architectural Review shall review and approve, disapprove, or conditionally approve applications for Preliminary and Final Approval submitted in accordance with Section 35-184.6 (Findings Required for Approval). The Board of Architectural Review shall also render its advice on the exterior architecture of buildings, structures, and signs to the Planning Commission or Board or Supervisors when requested to do so.

2.

Applications for Preliminary and Final Approval by the Board of Architectural Review shall be accepted only if the application is accompanied by a development application or if the Department is processing an existing development application for the proposed project.

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

Section 35-184.6 Findings Required for Approval. (Amended by Ord. 4887, 06/09/2016)

1.

Findings for all Board of Architectural Review applications. A Board of Architectural Review application shall be approved or conditionally approved only if the Board of Architectural Review first makes all of the following findings:

a.

In areas designated as rural 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.

b.

In areas designated as urban on the land use plan maps and in designated rural neighborhoods, 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.

c.

Overall building shapes, as well as parts of any structure (buildings, walls, fences, screens, towers or signs) are in proportion to and in scale with other existing or permitted structures on the same site and in the area surrounding the property.

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

d.

Mechanical and electrical equipment shall be well integrated in the total design concept.

e.

There shall be harmony of material, color, and composition of all sides of a structure or building.

f.

A limited number of materials will be on the exterior face of the building or structure.

g.

There shall be a harmonious relationship with existing and proposed adjoining developments, avoiding excessive variety and monotonous repetition, but allowing similarity of style, if warranted.

h.

Site layout, orientation, and location of structures, buildings, and signs are in an appropriate and well designed relationship to one another, respecting the environmental qualities, open spaces, and topography of the property.

i.

Adequate landscaping is provided in proportion to the project and the site with due regard to preservation of specimen and landmark trees, existing vegetation, selection of planting which will be appropriate to the project, and adequate provisions for maintenance of all planting.

j.

Signs including their lighting, shall be well designed and shall be appropriate in size and location.

k.

The proposed development is consistent with any additional design standards as expressly adopted by the Board of Supervisors for a specific local community, area, or district pursuant to Section 35-144A of this Article.

(Amended by Ord. 3978, 02/21/1992)

2.

Additional findings required for Board of Architectural Review applications within the Montecito Community Plan area.

a.

A Board of Architectural Review application for a lot located within the Montecito Community Plan area shall be approved or conditionally approved only if the Board of Architectural Review also first makes all of the findings identified in Section 35-213 (BAR Findings Required for Approval).

3.

Additional findings required for Board of Architectural Review applications within the Summerland Community Plan area.

a.

Plans for new or altered structures will be in compliance with the Summerland Residential Design Guidelines or Summerland Commercial Design Guidelines, as applicable.

b.

Permitted encroachment of structures, fences, walls, landscaping, and other development, into existing public road rights-of-way is consistent in style with the urban and rural areas and minimizes visual or aesthetic impacts.

c.

Landscaping or other elements are used to minimize the visual impact of parking proposed to be located in front setback areas.

d.

If Monterey or Contemporary architectural styles are proposed, the design is well executed within the chosen style, and the style, mass, scale, and materials proposed are compatible with the surrounding neighborhood.

e.

If located in the Rural Area:

All structures (primary and accessory structures, including residences, garages, guest houses, barns, corrals, sheds, greenhouses, lath houses, artist studios, etc.) and private driveways are located on slopes of 20 percent or less.

2)

Special attention is focused on the design of future structures in order to minimize use of large vertical faces. Large understories and exposed retaining walls shall be avoided.

3)

All structures, fences, walls, and roofs are constructed using medium to dark earthtone colors and construction materials that are compatible with the natural surroundings.

4)

All colors blend in with the surrounding soils, vegetation, and rock outcroppings.

5)

Light colors such as white, offwhite, grey, etc., are not used.

6)

Night lighting is of low intensity, and is hooded, shielded, and directed away from property boundaries.

7)

Any necessary retaining walls shall be constructed in earthtones using materials or construction methods which create a textured effect and, where feasible, native groundcovers are planted to cover retaining walls from view.

8)

All cut and fill slopes are planted with native drought-tolerant groundcover immediately after grading is completed.

9)

All mitigation measures required for minimizing impacts to agricultural resources are applied as aesthetic mitigation measures such that the existing rural agricultural setting is preserved.

4.

Additional findings required for Design Review applications within the Eastern Goleta Valley Community Plan area. Where Design Review is required in compliance with Section 35-98.5 (Eastern Goleta Valley), plans for new or altered structures will be in compliance with the Eastern Goleta Valley Residential Design Guidelines, as applicable. The Eastern Goleta Valley Residential Design Guidelines, which are intended to serve as a guide only, shall constitute "additional design standards" for purposes of Subsection 35-184.6.k. (Added by Ord. 4942, 12/14/2017)

5.

Additional finding required for Design Review applications within the Gaviota Coast Plan area. Where Design Review is required in compliance with Subsection B.3, above, plans for new or altered residential structures and structures that are accessory to residential structures will be in compliance with the Gaviota Coast Plan Design Guidelines, as applicable. The Gaviota Coast Plan Design Guidelines, which are intended to serve as a guide only, shall constitute "additional design standards" for purposes of Subsection 35-184.6.1.

Section 35-184.7 Appeals.

The decision of the Board of Architectural Review to grant or deny Preliminary or Final approval is final subject to appeal in compliance with Section 35-182 (Appeals). Advisory recommendations of the North County Board of Architectural Review are not subject to appeal.

Section 35-184.8 Expiration (Added by Ord. 4318, 06/23/1998)

1.

Where there is an associated development permit, Board of Architectural approvals shall expire on the date the associated development permit (e.g., Coastal Development Permit, Development Plan), including time extensions, expires.

2.

Where there is no associated development permit, Board of Architectural Review approvals shall expire two years from the date of approval, except the Director may grant an extension of the approval if an active development application is being processed by Planning and Development.

3.

Advisory recommendations of the North County Board of Architectural Review shall not expire.

==> picture [360 x 274] intentionally omitted <==

Figure 1 - Regional Board of Architectural Review Jurisdictional Areas

Section 35-185. - Enforcement, Legal Procedures, and Penalties.

(Amended by Ord. 3508, 05/06/1985)

Section 35-l85.l Investigation.

The Director, or any person within the Department of Planning and Development authorized by the Director, is hereby authorized to investigate all reported or apparent violations of any of the provisions of this Article. If a violation is determined to exist or to be impending, the Director is hereby authorized to take such measures as he deems necessary or expedient to enforce and secure compliance with the provisions of this Article.

l.

Director defined. As used in this section, the term "Director" refers to the Director of the Planning and Development Department and also to any person within the Department of Planning and Development who is authorized by the Director to act on his or her behalf.

2.

Cooperation of other officials. The Director or his or her agents may request, and shall receive, the assistance and cooperation of other officials of the County to assist in the discharge of their duties.

3.

Right of entry and inspection. The Director may enter at all reasonable times any building, structure, or premises in the County of Santa Barbara for the purpose of carrying out any act necessary to perform any

duty imposed by this Article. Upon request the Director shall provide adequate identification. Except under exigent circumstances, an inspection warrant shall be obtained if entry is refused.

4.

Liability. The Director or any other person charged with the enforcement of this Article, if acting in good faith and within the course and scope of his or her employment, shall not thereby be liable personally, and is hereby relieved from all personal liability, for any damage that may accrue to persons or property as the result of, or by reason of, any act or omission occurring in the discharge of his or her duties. Any suit brought against the Director, or his or her agents or employees, because of such act or omission, performed in the enforcement of any provision of this Article, shall be defended by the County Counsel of Santa Barbara County.

Section 35-185.2 Work Stoppage

Where any building construction work is being done contrary to the provisions of this Article, the Director may order the work stopped by giving notice in writing and serving such notice and order on any persons engaged in doing or causing such work to be done. Any such persons, their agents, employees, or servants, shall forthwith stop such work until such time as re-commencement is authorized by the Director.

Section 35-185.3 Referral for Legal Action.

If unable to otherwise enforce the terms of this Article, the Director shall refer the matter to the District Attorney and/or County Counsel of the County of Santa Barbara for appropriate legal action.

Section 35-185.4 Legal Actions.

l.

Civil Actions.

a.

Public Nuisance. Any building or structure which is set up, erected, constructed, altered, enlarged, converted, moved, or maintained contrary to the provisions of this Article, and any use of any land, building, or premises established, conducted, operated, or maintained contrary to the provisions of this Article, shall be and the same is hereby declared to be unlawful and a public nuisance.

b.

Injunctive Relief. Whenever, in the judgment of the Director, any person, firm, or corporation has engaged in or is about to engage in any act or practice which constitute or will constitute a violation of any provision of this Article or any rule, regulation, order, or permit issued thereunder, and at the request of the Director, the District Attorney or County Counsel of the County may make application to the Superior Court for an order enjoining such act or practice, or for an order directing compliance, and upon a showing by the department that such person, firm, or corporation has engaged in or is about to engage in any such act or practice, a permanent or temporary injunction, restraining order, or other order may be granted.

Abatement. In the event that any person, firm, or corporation shall fail to abate a violation hereunder, after notice of same and opportunity to correct or end the violation, the Director of the Planning and Development Department may request the County Counsel or District Attorney to apply to the Superior Court of this County for an order authorizing the Planning and Development Department to undertake those actions necessary to abate the violation and requiring the violator to pay for the costs of such undertaking.

2.

Civil Remedies and Penalties.

a.

Civil Penalties. Any person, whether acting as principal, agent, employee, or otherwise, who willfully violates the provisions of this Article or any rule, regulation, order, or permit issued thereunder, shall be liable for a civil penalty not to exceed $25,000.00 for each day that the violation continues to exist.

b.

Costs and Damages. Any person, whether as principal, agent, employee, or otherwise, violating any provisions of this Article on the rules, regulations, orders, or permits issued hereunder, shall be liable to the County of Santa Barbara for the costs incurred and the damages suffered by the County, its agents, and agencies as a direct and proximate result of such violations.

c.

Procedure. In determining the amount of the civil penalty to impose, the court shall consider all relevant circumstances, including, but not limited to, the extent of the harm caused by the conduct constituting a violation, the nature and persistence of such conduct, the length of time over which the conduct occurred, the assets, liabilities, and net worth of the violator, whether corporate or individual, and any corrective action taken by defendant.

3.

Criminal Actions and Penalties.

a.

Infractions. Any person, firm, or corporation, whether as a principal, agent, employee, or otherwise, violating any provisions of this Article, or the rules, regulations, orders, or permits issued thereunder, shall be guilty of an infraction, and upon conviction thereof, shall be punishable by l) a fine not exceeding $l00.00 for a first violation; 2) a fine not exceeding $200.00 for a second violation of the same ordinance within one year; and 3) a fine not exceeding $500.00 for each additional violation of the same ordinance within one year.

b.

Misdemeanors. Any offense which would otherwise be an infraction may, at the discretion of the District Attorney, be filed as a misdemeanor if the defendant has been convicted of two or more violations of any of the provisions of this Article within the l2-month period immediately preceding the commission of the

offense or has been convicted of three or more violations of any of the provisions of this Article within the 24-month period immediately preceding the commission of the offense. Upon conviction of a misdemeanor the punishment shall be a fine of not less than $500.00 nor more than $25,000.00 or imprisonment in the County jail for a period not to exceed 60 days or by both such fine and imprisonment, except that where such prior convictions are alleged in the accusatory pleading, and either admitted by the defendant in open court, or found to be true by the jury trying the issue of guilt or by the court where guilt is established by plea of guilty or nolo contendere or by trial by the court sitting without a jury, the punishment shall be a fine of no less than $l,000.00 nor more than $25,000.00 or by imprisonment in the County jail for a period not to exceed six months or by both such fine and imprisonment.

c.

Violations. Each and every day during any portion of which any violation of this Article or the rules, regulations, orders, or permits issued thereunder, is committed, continued or permitted by such person, firm, or corporation shall be deemed a separate and distinct offense.

Section 35-185.5 Cumulative Remedies and Penalties.

The remedies or penalties provided by this Article are cumulative to each other and to the remedies or penalties available under all other laws of this state.

Section 35-185.6 Recovery of Costs. (Added by Ord. 3597, 10/06/1986; Amended by Ord. 4557, 12/07/2004)

l.

Purpose and Intent. This section establishes procedures for the recovery of costs expended on the enforcement of the provisions of this Article. The intent of this section is to recoup costs reasonably related to enforcement.

2.

Definitions. For the purpose of this section, the following words and phrases shall have the meanings respectively ascribed to them herein.

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

Costs: Administrative costs, including staff time expended and reasonably related to enforcement for items including site inspections, summaries, reports, telephone contacts, correspondence with the owner and any concerned citizens or officials, and related travel time.

3.

The Planning and Development Department shall maintain records of all costs, incurred by responsible County departments, associated with the processing of violations and enforcement of this Article and shall recover such costs from the property owner as provided herein. Staff time shall be calculated at an hourly rate as established and revised from time to time by the Board of Supervisors.

Notice. Upon investigation and a determination that a violation of any of the provisions of this Article is found to exist, the Director, or any person within the department authorized by the Director, shall notify the record owner or any person having possession or control of the subject property by mail of the existence of the violation, the Department's intent to charge the property owner for all costs associated with enforcement, and of the owner's right to a hearing on objections thereto. The notice shall be in substantially the following form:

NOTICE

The Department of Planning and Development has determined that conditions exist at the property at ___________ which violate Section _______ of the County Code, to wit: (description of violation) Notice is hereby given that at the conclusion of this case you will receive a summary of costs associated with the processing of this violation, at an hourly rate as established and adjusted from time to time by the Board of Supervisors. The hourly rate presently in effect is $___ per hour of staff time.

You will have the right to object to these charges by filing a Request for Hearing with the Department of Planning and Development within 10 days of service of the summary of charges, pursuant to Section 35185.6.6.

Additionally, where a permit(s) is obtained to legalize all, or part of, this violation, you will be subject to an additional permit processing fee for after-the-fact authorization of development, equal to, and in addition to, all otherwise applicable permit fees, but in no case shall the additional permit processing fee for afterthe-fact authorization of development exceed $2,000.00. The additional permit processing fee shall not be construed, in any manner, to be in-lieu of any penalties that may be otherwise assessed for the unpermitted development pursuant to any other Section of the certified Local Coastal Program or Coastal Act.

5.

At the conclusion of the case, the Director shall send a summary of costs associated with enforcement to the owner and/or person having possession or control of the subject property by certified mail. Said summary shall include a notice in substantially the following form:

NOTICE

If you object to these charges you must file a Request for Hearing on the enclosed form within 10 days of the date of this notice.

If you fail to timely request a hearing, your right to object will be waived and you will be liable to the County for these charges, to be recovered in a civil action in the name of the County, in any court of competent jurisdiction within the County, or by recording a lien against the property that is the subject of the enforcement activity.

If after a hearing the Director affirms the validity of the costs, you will be liable to the County in the amount stated in the summary or any lesser amount as determined by the Director. These costs shall be recoverable in a civil action in the name of the County, in any court of competent jurisdiction within the County, or by recording a lien against the property that is the subject of the enforcement activity. The amount of the lien may be collected at the same time and in the same manner as property taxes are collected.

The decision of the Director may be appealed to the Santa Barbara County Board of Supervisors pursuant to Section 35-182.3 of Chapter 35 of the County Code.

6.

Any property owner, or other person having possession and control thereof, who receives a summary of costs under this section shall have the right to a hearing before the Director on his objections to the proposed costs in accordance with the procedures set forth herein.

a.

b.

Site coverage maximums.

Minimum open space.

d.

Parking and loading standards.

e.

Signs.

f.

The requirement that uses shall occur within a completely enclosed building.

Restrictions on uses in the right of way.

h.

Limitations on food service at wineries and tasting rooms.

i.

Other development standards as determined to be necessary by the Director for the protection of public health due related to COVID-19.

3.

Requirements. To be eligible for the temporary suspension of compliance, all of the following requirements must be met:

a.

The temporary changes to an approved project that render the project unable to strictly comply with its project description, conditions of approval, and/or the development standards listed in Subsection 2, above, are necessary to ensure physical distancing and/or comply with other public health requirements put in place by federal, State, or local public health officials to limit the spread of COVID-19.

b.

The owner/applicant must follow all State and local directives regarding reopening of businesses or community entities during the COVID-19 pandemic response, including certification or attestation and COVID-19 protection plan. Public health restrictions related to COVID-19 are subject to rapid change and nothing in this Section 35-185.9 is intended, nor shall it be construed, to allow approved projects to operate in violation of any federal, State, or local public health orders.

c.

The project otherwise complies with its project description, conditions of approval, applicable development standards, and Comprehensive Plan, including Coastal Land Use Plan policies.

d.

Any state or local permit or approval required by regulations other than Article II is obtained (e.g., a business purposes encroachment permit, health permit, alcoholic beverage control license, fire department authorization).

e.

The approved project is non-residential.

f.

The use does not occur within environmentally sensitive habitat. No native vegetation or environmentally sensitive habitat would be removed to accommodate the use of outdoor areas.

g.

To ensure public access is not obstructed, there is no expansion onto beaches.

h.

The use of outdoor areas does not result in the expansion of the existing capacity of the business or community entity (e.g., a restaurant with 20 indoor tables and a 40 person capacity maintains the same number of tables and capacity with more space between the tables).

i.

No structures are proposed, constructed, or erected (temporary coverings, such as canopies or umbrellas, to shade occupants from the sun and/or weather are allowed).

4.

Enforcement.

a.

If the completed checklist, revised site plan, photos, and description of proposal are not submitted pursuant to Subsection 35-179E.2, or upon submittal the Director determines, in the Director's sole discretion, that the requirements of Subsection 3, above, are not satisfied, the Director may notify the owner/applicant that the suspension of compliance to protect public health is not applicable and the Director may initiate enforcement action. The Director's action is not subject to appeal.

b.

If a completed checklist, revised site plan, photos, and description of proposal are submitted pursuant to Subsection 35-179E.2 and the requirements of Subsection 3, above, are met, as determined in the sole discretion of the Director, strict compliance to the applicable portions of the project description, conditions of approval, and/or the development standards listed in Subsection 2, above is not required and the temporary changes to the project shall not constitute a violation subject to penalties, for the time period specified in Subsection 1, above. The Director's action is not subject to appeal.

Section 35-186. - Validity. ¶

If any division, section, sentence, clause or phrase of this Article is for any reason held to be unconstitutional or invalid such decision shall not affect the validity of the remaining portions of this Article. The Board of Supervisors hereby declares that it would have passed this article and each section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional or invalid.

DIVISION 13 - SUMMERLAND COMMUNITY PLAN OVERLAY

Section 35-190. - General. ¶

The provisions of this DIVISION implement portions of Summerland Community Plan components of the County's Local Coastal Plan and serve to carry out certain policies of this Community Plan. The provisions of this DIVISION are in addition to the other provisions of this Article. Where provisions of this DIVISION conflict with other provisions of this Article, the provisions of this DIVISION shall take precedence.

Section 35-191. - Summerland - SUM.

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

Section 35-191.1 Applicability.

The provisions of this section apply to the community of Summerland as defined by the Summerland Community Land Use Map. All provisions of the Summerland Community Plan, Coastal Land Use Plan and applicable portions of the Comprehensive Plan, including all the goals, objectives, policies, actions, development standards and design guidelines, shall also apply to the area zoned with the SUM Overlay District.

Section 35-191.2 Definitions.

For the purposes of this Section, the following definitions apply to the area zoned with the SUM Overlay District:

Floor Area, Net Commercial: The gross floor area excluding shafts, stairways, unusable attics, unenclosed porches and balconies, and any areas with a ceiling height of less than five feet above finished floor.

Floor Area, Net Residential: The total floor area of all floors of a primary residence on a residential lot or on a lot devoted to residential use as measured to the interior surfaces of exterior walls, or from the centerline of a common or party wall separating two structures, excluding any areas with a ceiling height of less than five feet above finished floor, unenclosed porches, balconies and decks. Interior stairs shall be counted on only one floor.

Floor Area Ratio (FAR): A measurement of development intensity represented by the quotient of Net Floor Area of the structure divided by the Net Lot Area.

Floor below Grade: A floor wholly or partially below grade.

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

Plate height: Plate height is the distance between the floor and where the wall intersects with the roof or the floor joists of the story above.

Summerland Community Plan Area Commercial Core: The area encompassing the Limited Commercial (C1) zone as shown on the Summerland Community Plan Urban Grid and Commercial Core map.

Summerland Community Plan Area Urban Grid: The Single and Two-Family Residential (R-1/E-1, R-2) and Design Residential (DR) zone districts up to the Urban Area/Rural Area boundary line as shown on the Summerland Community Plan Urban Grid and Commercial Core map.

True Basement, Commercial: Any under-floor space below an interior floor located directly above where the distance between the finished grade around the exterior perimeter of a commercial structure and the elevation of the finished floor directly above does not exceed 18 inches at any point.

Understory: The portion of the structure between the exposed finished floor and the finished grade (as defined by the latest edition of the Uniform Building Code).

Section 35-191.3 Reserved for Future Use.

Section 35-191.4 Height Limit.

Notwithstanding the height limits contained in Division 4 (Zoning Districts), the allowable height of structures shall be 25 feet for structures located within the Urban Area and Rural Neighborhoods, and 16 feet for structures located in the Rural Area.

1.

The height of a structure shall be determined in compliance with Section 35-127 (Height).

Section 35-191.5 Floor Area Limit.

1.

Floor area limit. Structures subject to this subsection shall not exceed the following maximum floor area limits.

a.

One-family dwellings. All new one-family dwellings and additions to existing one-family dwellings in any zone district except the Design Residential (DR) Zone District are subject to the following standards:

1)

Lots having a lot area (net) of less than 12,000 square feet. On lots with a lot area (net) of less than 12,000 square feet, the net floor area of structures subject to this Section 35-191 (Summerland - SUM) shall be in compliance with the following Table 13-1 (One-Family Dwelling Floor Area Limits). The net floor area shall not exceed the amount calculated using the FAR or the Maximum Allowable Square Footage per Lot Area, whichever is less.

Table 13-1- One-Family Dwelling Floor Area Limits

Net Lot Area (square feet)	FAR	Maximum Allowable Net Floor Area per Lot Area (square feet)
2,500	.50	950
2,501 to 3,600	.38	1,296
3,601 to 4,700 sf	.36	1,598
4,701 to 5,800 sf.	.34	1,856
5,801 to 6,900 sf.	.32	2,070
6,901 to 8,100 sf.	.30	2,268
8,101 to 9,400 sf.	.28	2,538
9,401 to 10,800 sf.	.27	2,808
10,801 to 12,000 sf.	.26	3,100

2)

Lots between 12,000 square feet and 10 acres. On lots with a lot area (net) of 12,000 square feet and greater but less than 10 acres, the net floor area of structures subject to this Section 35-191 (Summerland - SUM) shall not exceed 2,500 square feet plus five percent of the net lot area; however, in no case shall the net floor area exceed 8,000 square feet.

3)

Lots between 10 acres and 20 acres. On lots with a lot area (net) of 10 acres and greater but less than 20 acres, the net floor area of structures subject to this Section 35-191 (Summerland - SUM) shall not exceed 8,000 square feet plus 0.25 percent of the net lot area; however, in no case shall the net floor area exceed 10,000 square feet.

4)

Lots between 20 acres and 40 acres. On lots with a lot area (net) of 20 acres and greater but less than 40 acres, the net floor area of structures subject to this Section 35-191 (Summerland - SUM) shall not exceed 8,000 square feet plus 0.25 percent of the net lot area; however, in no case shall the net floor area exceed 12,000 square feet.

5)

3)

The height of the wall area used to determine the total wall area is measured from the finished floor of the floor below grade to the bottom of the floor joist supporting the floor above, however, only a maximum of 10 feet shall be used in calculating the total wall area.

4)

Except as provided in Subsection b.4)a), below, the height of the exposed exterior wall area used to determine the total exposed wall area is measured to the finished grade adjacent to the exterior wall.

a)

If the grade adjacent to any exterior wall slopes downward, then the height of the exposed wall area shall be calculated from a point located six feet away from the exterior wall surface or a the property line if the property line is located within six feet of the exterior wall surface. This does not apply to the minimum drainage required to comply with building code requirements.

==> picture [420 x 225] intentionally omitted <==

Figure 13-1 - Illustrative example for calculating the floor below grade adjustment

(Amended Ord. by 5095, 03/11/2011)

c.

Garages.

1)

Garages attached to a primary dwelling.

a)

Lots of less than 12,000 square feet (net). On lots with a lot area (net) of less than 12,000 square feet, up to 500 square feet of floor area (net) used as an attached two-car garage for the parking of motor vehicles is not included in the net floor area used to determine compliance with the FAR in Table 13-1 (One-Family Dwelling Floor Area Limits (Net Lot Area Less than 12,000 Square Feet)), of Subsection 1.a, above.

Larger garages may be allowed, however, excess square footage will be counted toward the net floor area of the dwelling.

2)

Garages accessory to mixed-use development.

a)

Except as provided below, for mixed-use development, up to 500 square feet of floor area (net) used as a garage for the parking of two motor vehicles per each 6,000 square feet of lot area (net) is not included in the net floor area used to determine compliance with the maximum allowed floor area in Subsection 1.c, above.

i)

(Ord. No. 5194, §§ 38, 39, 11-7-2023)

Section 35-191.6 Board of Architectural Review (BAR)

1.

Board of Architectural Review required. All applicable building, grading, landscaping and other plans for new or altered structures shall be reviewed and approved by the Board of Architectural Review unless exempt from Board of Architectural Review in compliance with Section 35-184.2 (Applicability).

Section 35-191.7 Permit Procedures.

1.

A Coastal Development Permit for grading for a building pad shall not be issued until the proposed structure has received final approval from the County Board of Architectural Review.

Section 35-191.8 Parking.

1.

All new single family dwellings approved after June 9, 2016 shall provide the following number of off-street parking spaces in addition to the number otherwise required in compliance with Division 6 (Parking Regulations).

Lot Size (net)	Additional Of-Street Parking Spaces
Less than 7,500 square feet	0
7,500 to 10,000 square feet	1
10,000 square feet and greater	2

a.

Use of permeable materials. Parking spaces shall be paved with permeable materials on a suitable base, including concrete pavers, turf block, and permeable asphalt, provided that such materials are consistent with the County Fire Department or applicable fire district minimum structural design standards for emergency access.

b.

Location. Parking spaces shall be located outside of required setback areas for the lot, except that one parking space may be located within the front setback area provided the location is approved by the Board of Architectural Review in compliance with Section 35-191.6 (Board of Architectural Review).

Configuration. On lots of 10,000 square feet (net) or more in area, the additional parking spaces required in compliance with the table above may be provided in a tandem arrangement with each other.

Section 35-191.9 Exterior Lighting.

All exterior lighting installed on or after June 9, 2016 shall comply with the following:

1.

In addition to the permit application submittal requirements required in Division 11 (Permit Procedures), any application for a permit that includes outdoor light fixtures shall include plans showing the location and lumen output of all outdoor light fixtures, both existing and proposed.

2.

The regulations contained in this Subsection 3. shall be known and referred to as the "Outdoor Lighting Regulations for the Summerland Community Plan Area."

a.

Purpose and intent. The purpose of this Subsection is to create standards for outdoor lighting that minimize light pollution, glare, and light trespass caused by inappropriate or misaligned light fixtures. These standards conserve energy and preserve the nighttime sky while maintaining night-time safety, utility, security, and productivity.

b.

Approved materials and methods of installation. The provisions of this Subsection are not intended to prevent the use of any design, material, or method of installation not specifically proscribed by this Subsection provided any such alternate has been approved by the County. The Department may approve any such alternate provided that the proposed design, material, or method:

1)

Provides approximate equivalence to the specific requirements of this Subsection.

2)

Is otherwise satisfactory and complies with the intent of this Subsection.

c.

Prohibited lights and lighting.

1)

All illuminated advertising signs on and off premises shall be off between 11:00 p.m. and sunrise, except that on-premises signs may be illuminated while the business is open to the public.

All outside illumination for aesthetic and/or decorative purposes for any structure and/or surrounding landscape, public or private, and for outdoor recreational facilities that is not fully shielded shall be prohibited between 9:00 p.m. and sunrise. All illumination of exterior areas between 9:00 p.m. and sunrise shall be shielded.

3)

Except as provided below, lighting associated with an outdoor recreational facility with lights that are not fully shielded (full cutoff) may only be illuminated between 9:00 p.m. and sunrise the following day to complete a specific organized recreational event in progress and under illumination in conformance with this Subsection at 9:00 p.m. Fully shielded (full cutoff) lights are not subject to a time restriction.

4)

Search lights, laser source lights, or similar high intensity lights shall not be permitted except in emergencies by police and/or fire personnel, or for the purposes of gathering meteorological data.

5)

Mercury vapor lights are prohibited.

d.

Exemptions. The following are exempt from the provisions of Subsection 3.

1)

All outdoor lighting fixtures lawfully installed prior to June 9, 2016 are exempt from the shielding requirements of this Subsection; however, they shall be subject to the remaining requirements of this Subsection, except that fully shielded (full cutoff) lights are not subject to a turn-off time.

2)

Fossil fuel lights.

3)

Traffic control signs and devices.

4)

Street lights installed prior to June 9, 2016.

5)

Temporary emergency lighting (e.g., fire, police, public works).

6)

Moving vehicle lights.

Navigation lights (e.g., airports, heliports, radio/television towers).

8)

Seasonal decorations with individual lights in place no longer than 60 days.

9)

Except as provided below, lighting for special events as provided by Subsection 3.h (Temporary exemption).

10)

Temporary lighting for agricultural activities of a limited duration, not including unshielded arena lights.

11)

Except as provided below, security lights of any wattage that are controlled by a motion-sensor switch and which do not remain on longer than 10 to 12 minutes after activation.

a)

Security lights shall be required to be fully shielded in order to be exempt in compliance with this Subsection.

12)

Light fixtures shown on building permits that were approved prior to June 9, 2016 are excluded from compliance with this Subsection until the fixture is replaced.

13)

Solar walkway lights.

e.

General requirements. All non-exempt light fixtures that require a County permit prior to installation shall be subject to the following general requirements:

1)

All outdoor light fixtures installed after June 9, 2016 and thereafter maintained upon private property, public property, or within the public right-of way shall be fully shielded (full cutoff).

a)

Sign illumination shall only illuminate the signage and shall not spill into adjacent areas.

All replaced or repaired lighting fixtures requiring a permit shall be subject to the requirements of this Subsection.

3)

Light trespass and glare shall be reduced to the maximum extent feasible through downward directional lighting methods.

4)

Externally illuminated signs, advertising displays, and building identification shall use top mounted light fixtures which shine downward and are fully shielded (full cutoff).

5)

Outdoor light fixtures used for outdoor recreational facilities shall be fully shielded (full cutoff) except when such shielding would cause impairment to the visibility required in the intended recreational activity. In such cases, partially shielded fixtures and downward lighting methods shall be utilized to limit light pollution, glare, and light trespass to a reasonable level as determined by the Director.

6)

Illumination from recreational facility light fixtures shall be shielded to minimize glare extending towards roadways where impairment of motorist vision might cause a hazard.

f.

Submittal of plans and evidence of compliance. Any application for a permit that includes outdoor light fixtures (except for exempt fixtures in compliance with this Subsection) shall include evidence that the proposed outdoor lighting will comply with this Subsection. The application shall include:

1)

Plans showing the locations of outdoor lighting fixtures.

2)

Description of the outdoor lighting fixtures, including manufacturer's catalog cuts and drawings. Description and drawings should include lamp or bulb type, wattage, lumen output, beam angle, and shielding.

The above plans and descriptions shall be sufficiently complete to enable the plan examiner to readily determine whether compliance with the requirements of this Subsection has been met.

g.

Temporary exemption.

The Director may grant a temporary exemption, as defined herein, for such activities, including circuses, fairs, carnivals, sporting events, and promotional activities, if he first makes all of the following findings:

a)

The purpose for which the lighting is proposed is not intended to extend beyond 30 days.

b)

The proposed lighting is designed in such a manner as to minimize light pollution as much as feasible.

c)

The proposed lighting will comply with the general intent of this Article.

2)

The application for a temporary exemption shall at a minimum include all of the following information:

Name and address of applicant and property owner.

Location of proposed fixtures.

c)

Type, wattage, and lumen output of lamp(s).

d)

Type and shielding of proposed fixtures.

e)

Intended use of lighting.

f)

Duration of time for requested exemption.

g)

The nature of the exemption.

h)

Such other information as the Department may request.

DIVISION 14 - GOLETA COMMUNITY PLAN AND EASTERN GOLETA VALLEY COMMUNITY PLAN OVERLAY DISTRICTS

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

Section 35-192. - General. ¶

The purpose of this DIVISION is to create overlay districts in order to carry out certain policies and implement portions of the Goleta Community Plan and Eastern Goleta Valley Community Plan, which are part of the County's Land Use Element. The provisions of this DIVISION are in addition to the other provisions of this Article. Where provisions of this DIVISION conflict with other provisions of this Article, the provisions of this DIVISION shall take precedence.

Section 35-192.1 Applicability.

The provisions of this section apply to those portions of the community of Goleta as shown on the maps titled Goleta Community Plan Land Use Designations South and Eastern Goleta Valley Community Plan Land Use Designations that are located within the Coastal Zone. All provisions of the Goleta Community Plan, the Eastern Goleta Valley Community Plan, and the Comprehensive Plan, including all the goals, objectives, policies, actions, development standards and design guidelines, shall also apply to the area zoned with these Overlay Districts.

Section 35-192.2 Findings.

In addition to the findings that are required for approval of a development project (as development is defined in this Article), as identified in each section of Division 11 (Permit Procedures) of Article II, a finding shall also be made that the project meets all the applicable development standards included in the Goleta Community Plan or the Eastern Goleta Valley Community Plan, as applicable, of the Land Use Element of the Comprehensive Plan.

Section 35-192.3 Exterior Lighting Within the Eastern Goleta Valley Community Plan Area.

All exterior lighting installed on property located within the Eastern Goleta Valley Community Plan area on or after December 14, 2017 shall comply with the following:

1.

2.

The regulations contained in this Section 35-192.3 shall be known and referred to as the "Exterior Lighting Regulations for the Eastern Goleta Valley Community Plan Area."

Seasonal decorations with individual lights in place no longer than 60 days.

9)

Except as provided below, lighting for special events as provided by Subsection 3.g (Temporary exemption), below.

10)

b)

The proposed lighting is designed in such a manner as to minimize light pollution as much as feasible.

c)

The proposed lighting will comply with the general intent of this article.

The application for a temporary exemption shall at a minimum include all of the following information:

a)

Name and address of applicant and property owner.

Location of proposed fixtures.

Type, wattage, and lumen output of lamp(s).

Type and shielding of proposed features.

Intended use of lighting.

f)

Duration of time for requested exemption.

g)

The nature of the exemption.

h)

Such other information as the Department may request.

Section 35-192.4 Economically Viable Use.

If an applicant asserts that the application of the policies and standards contained in the Local Coastal Program regarding use of property within the Eastern Goleta Community Plan area would constitute a taking of private property without just compensation, the applicant shall apply for an economical viability determination in conjunction with associated Coastal Development Permit application and shall be subject to the provisions of this section.

Section 35-192.5 Economically Viable Use Determination.

The application for an economic viability determination shall include the entirety of all parcels that are geographically contiguous and held by the applicant in common ownership at the time of the application. Before any application for a Coastal Development Permit and economic viability determination is accepted for processing, the applicant shall provide the following information, unless the County determines that one or more of the particular categories of information is not relevant to its analysis:

The date the applicant purchased or otherwise acquired the property, and from whom.

2.

The purchase price paid by the applicant for the property.

3.

The fair market value of the property at the time the applicant acquired it, describing the basis upon which the fair market value is derived, including any appraisals done at the time.

4.

The general plan, zoning or similar land use designations applicable to the property at the time the applicant acquired it, as well as any changes to these designations that occurred after acquisition.

5.

Any development restrictions or other restrictions on use, other than government regulatory restrictions described in Subsection 4 above, that applied to the property at the time the applicant acquired it, or which have been imposed after acquisition.

6.

Any change in the size of the property since the time the applicant acquired it, including a discussion of the nature of the change, the circumstances and the relevant dates.

7.

A discussion of whether the applicant has sold or leased a portion of, or interest in, the property since the time of purchase, indicating the relevant dates, sales prices, rents, and nature of the portion or interests in the property that were sold or leased.

8.

Any title reports, litigation guarantees or similar documents in connection with all or a portion of the property of which the applicant is aware.

9.

Any offers to buy all or a portion of the property which the applicant solicited or received, including the approximate date of the offer and offered price.

10.

The applicant's costs associated with the ownership of the property, annualized for each of the last five calendar years, including property taxes, property assessments, debt service costs (such as mortgage and interest costs), and operation and management costs.

11.

Apart from any rents received from the leasing of all or a portion of the property, any income generated by the use of all or a portion of the property over the last five calendar years. If there is any such income to report it should be listed on an annualized basis along with a description of the uses that generate or has generated such income.

12.

Any additional information that the County requires to make the determination.

Section 35-192.6 Supplemental Findings for Approval of Coastal Development Permit

A Coastal Development Permit that allows a deviation from a policy or standard of the Local Coastal Program to provide a reasonable use may be approved or conditionally approved only if the appropriate governing body, either the Planning Commission or Board of Supervisors, makes the following supplemental findings in addition to the findings required in Section 35-169 (Coastal Development Permits):

1.

Based on the economic information provided by the applicant, as well as any other relevant evidence, each use allowed by the Local Coastal Program policies and/or standards would not provide an economically viable use of the applicant's property.

2.

Application of the Local Coastal Program policies and/or standards would unreasonably interfere with the applicant's investment-backed expectations.

3.

The use proposed by the applicant is consistent with the applicable zoning.

4.

The use and project design, siting, and size are the minimum necessary to avoid a taking.

5.

The project is the least environmentally damaging alternative and is consistent with all provisions of the certified Local Coastal Program other than the provisions for which the exception is requested.

6.

The development will not be a public nuisance or violate other "background principles of the State's law of property," as that phrase was used in the U.S. Supreme Court's decision in Lucas v. South Carolina Coastal Council, 505 U.S.,1003, 1028-30 (e.g., public trust doctrine). If it would violate any such background principle of property law, the development shall be denied.

DIVISION 15 - TORO CANYON PLAN (TCP) OVERLAY DISTRICT

Section 35-194. - General.

The provisions of this Division implement portions of Toro Canyon Plan components of the County's Local Coastal Program. The provisions of this Division are in addition to the other provisions of this Article. Where provisions of this Division conflict with other provisions of this Article, the specific provisions of this Division shall take precedence. The development standards and actions within the Toro Canyon Plan are incorporated by reference within this Overlay District.

Section 35-194.1 Applicability. ¶

The provisions of this section apply to the Toro Canyon Plan Area as defined by the "Toro Canyon Plan Land Use Map." All provisions of the Toro Canyon Plan, Coastal Land Use Plan and applicable portions of the Comprehensive Plan, including all applicable goals, objectives, policies, actions, development standards and design guidelines, shall also apply to the area zoned with this Overlay District.

Section 35-194.2 Processing.

In addition to other application requirements, applications for a Coastal Development Permit for any new development on property that is within or adjacent to an Environmentally Sensitive Habitat area in this district shall include a detailed biological study of the site, prepared by a qualified biologist, or resource specialist. Such a study would include an analysis of any unauthorized development, including grading or vegetation removal that may have contributed to the degradation or elimination of habitat area or species that would otherwise be present on the site in a healthy condition.

Section 35-194.3 C-1 Zone District. ¶

1.

All uses listed in the C-1 Zone District of this article shall be allowed in the C-1 Zone District of Toro Canyon except:

a.

Any single family residence where there is no commercial use;

b.

Residential structures and general practitioner's/professional offices only as secondary to a primary commercial retail use. Retail uses shall be located in the more prominent locations of buildings such as on first floors fronting on pedestrian pathways, and/or where ocean views are available. Residential and professional office uses should be located on second floor but if on the first floor, then not on the streetfacing part of the building. Office uses shall be in less prominent locations than retail uses on the same site;

c.

Financial institutions;

d.

Lodges shall only be allowed with a major Conditional Use Permit, rather than as a permitted use;

Seafood processing and video arcades shall be allowed only as secondary uses to a primary use such as a restaurant and only when conducted entirely within an enclosed building.

2.

In addition to the uses allowed in the C-1 Zone District of this Article, the following shall be permitted in the C-1 Zone District of Toro Canyon:

a.

Hotels and motels;

b.

Mini-mart/convenience stores.

3.

In addition to the uses allowed in the C-1 Zone District of this Article, the following shall be permitted in the C-1 Zone District of Toro Canyon with a Major CUP:

a.

Overnight recreation vehicle facilities.

4.

"Western Seaside Vernacular Commercial" is defined as follows:

The chief style characteristic of Western Seaside Vernacular Commercial is simplicity. Examples of Western Seaside Vernacular have occurred in Avila Beach and Stearns Wharf. The following are characteristic of Western Seaside Vernacular architecture.

Seaside Vernacular have occurred in Avila Beach and Western Seaside Vernacular architecture.	Stearns Wharf. The following are characteristic of
Orientation and Massing	Doors
Low Massing Little or no set back from sidewalk edge	Simple wood Simple wood and glass Simple French doors

Roofs	Siding
Flat Pitched gable roofs, but not gambrel or mansards	Board and batten Beveled tongue and groove Clapboard Shingles

Roof Materials	Colors
Composition Wood shingles, subject to the allowances and	Weathered wood Whitewash

limitations of the county Building Code Neutrals Shingles made to resemble wood or slate Weathered colors Windows "Picture" Horizontally oriented multi-paned Multi-paned with wood sash and frames Wood framed

Section 35-194.4 Findings.

In addition to the findings that are required for approval of a development project (as development is defined in this Article), as identified in each section of Division 11 - Permit Procedures of Article II, a finding shall also be made that the project meets all applicable policies and development standards included in the Toro Canyon Plan.

Section 35-194.5 Nonconforming Structures and Uses.

1.

Nonconforming residential structures damaged or destroyed by calamity: Any nonconforming residential structure that is damaged or destroyed by fire, flood, earthquake, arson, vandalism, or other calamity beyond the control of the property owner(s) may be reconstructed to the same or lesser size on the same site and in the same general footprint location. For the purpose of this section, "residential structure" shall mean primary dwellings, secondary dwellings including accessory dwelling units, junior accessory dwelling units, guesthouses, farm employee dwellings, and all attached appurtenances such as garages and storage rooms that share at least one common wall with the residential structure. Where no attached garage existed, one detached private garage structure may be included provided that evidence of such structure's use as a private garage is presented to the satisfaction of the Zoning Administrator. Any such reconstruction shall commence within 24 months of the time of damage or destruction and shall be diligently carried to completion. The 24 month time limit may be extended by the Director one time for good cause, provided a written request, including a statement of reasons for the time extension request, is filed with the Planning and Development Department prior to the expiration of the 24 month period. Where the reconstruction permitted above does not commence within the specified 24 months or the extended time period that may be granted by the Director, such structure shall not be reconstructed except in conformity with the regulations of the Toro Canyon Plan and this Article.

2.

Reconstruction of nonconforming residential structures located within Rural Neighborhood Areas and within or adjacent to an Environmentally Sensitive Habitat (ESH) area: Lawfully established structures that serve as residences in an Existing Developed Rural Neighborhood located within ESH buffer areas or adjacent to ESH, which are damaged due to normal wear and tear such as structural pest damage or dry rot, may be reconstructed to the same or lesser size (square footage, height, and bulk) in the same footprint. If the reconstructed residence is proposed to be larger than the existing structure, it may only be

sidences in an Existing Developed Rural Neighborhood located within ESH buffer areas or adjacent to ESH, which are damaged due to normal wear and tear such as structural pest damage or dry rot, may be reconstructed to the same or lesser size (square footage, height, and bulk) in the same footprint. If the reconstructed residence is proposed to be larger than the existing structure, it may only be

permitted where findings are made that such development shall not adversely impact the adjacent riparian species, meets all other provisions of this Plan and the Local Coastal Program including development standards for native and non-native protected tree species, and complies with development standards DevStd BIO-TC-5.1 through DevStd BIO-TC-5.4. Reconstruction includes any project that results in the demolition of more than 50 percent of the exterior walls. For the purpose of this section, "residential structure" shall include primary dwellings, secondary dwellings including accessory dwelling units, junior accessory dwelling units, farm employee dwellings, and all attached appurtenances such as garages and storage rooms that share at least one common wall with the residential structure. Where no attached garage exists, one detached private garage structure may be included provided that evidence of such structure's use as a private garage is presented to the satisfaction of the Zoning Administrator. Any such reconstruction or structural repair shall commence within 24 months of the time of the owner's first documented discovery of the need for reconstruction or repair, and shall be diligently carried to completion. The 24 month time limit may be extended by the Director one time for good cause, provided a written request, including a statement of reasons for the time extension request, is filed with the Planning and Development Department prior to the expiration of the 24 month period. Where the reconstruction or structural repair permitted above does not commence within the specified 24 months or the extended time period that may be granted by the Director, such structure shall not be reconstructed or repaired except in conformity with the regulations of the Toro Canyon Plan and this Article.

3.

Expansion of a nonconforming primary residence located within a Rural Neighborhood Area and within an Environmentally Sensitive Habitat (ESH) buffer area: Any primary residence that is nonconforming solely due to its location within an ESH buffer area may be expanded upward, or outward and away from the ESH area, consistent with DevStds BIO-TC-5.1 and BIO-TC-5.4 of the Toro Canyon Plan and in a manner that otherwise conforms with the regulations of the Toro Canyon Plan and this Article.

4.

Nonconforming agricultural support structures: Any nonconforming agricultural support structure, other than "Greenhouses" or "Greenhouse Related Development" located within the Carpinteria Agricultural (CA) Overlay, that is damaged or destroyed by fire, flood, earthquake, arson, vandalism, or other calamity beyond the control of the property owner(s) may be reconstructed to the same or lesser size on the same site and in the same general footprint location. For the purpose of this section, "agricultural support structure" shall mean any structure, other than "greenhouse development" as defined in the CA Overlay, that is essential to the support of agricultural production on agriculturally-zoned property. Any such reconstruction shall commence within 24 months of the time of damage or destruction and shall be diligently carried to completion. The 24 month time limit may be extended by the Director one time for good cause, provided a written request, including a statement of reasons for the time extension request, is filed with the Planning and Development Department prior to the expiration of the 24 month period. Where the reconstruction permitted above does not commence within the specified 24 months or the extended time period that may be granted by the Director, such structure shall not be reconstructed except in conformity with the regulations of the Toro Canyon Plan and this Article. Nonconforming "Greenhouses" or "Greenhouse Related Development" located within the CA Overlay shall be subject to the provisions of the CA Overlay.

5.

Agricultural support structures that are nonconforming solely due to the Toro Canyon Plan, except where located within an Environmentally Sensitive Habitat (ESH) area: Any agricultural support structure that is nonconforming solely due to any policy, development standard, or zoning regulation first applied and adopted under the Toro Canyon Plan, which requires partial or complete reconstruction or structural repair due to normal wear-and-tear such as structural pest damage or dry rot, may be reconstructed or repaired to the same or lesser size on the same site and in the same general footprint location. For the purpose of this section, "agricultural support structure" shall mean any structure that is essential to the support of agricultural production on agriculturally zoned property. Any such reconstruction or structural repair shall commence within 24 months of the time of the owner's first documented discovery of the need for reconstruction or repair, and shall be diligently carried to completion. The 24 month time limit may be extended by the Director one time for good cause, provided a written request, including a statement of reasons for the time extension request, is filed with the Planning and Development Department prior to the expiration of the 24 month period. Where the reconstruction or structural repair permitted above does not commence within the specified 24 months or the extended time period that may be granted by the Director, such structure shall not be reconstructed or repaired except in conformity with the regulations of the Toro Canyon Plan and this Article.

6.

Nonconforming nonresidential structures: Any nonconforming nonresidential structure that is damaged or destroyed to an extent of 75 percent or more of its replacement cost at the time of damage by fire, flood, earthquake, arson, vandalism, or other calamity beyond the control of the property owner(s) may be reconstructed, provided that such reconstruction conforms with the regulations of the Toro Canyon Plan and this Article to the maximum extent feasible. Such a structure may be reconstructed to the same or lesser size on the same site and in the same general footprint location, provided that:

a.

The Zoning Administrator finds that the public health and safety will not be jeopardized in any way by such reconstruction; and

b.

The Zoning Administrator finds that the adverse impact upon the neighborhood would be less than the hardship that would be suffered by the owner(s) of the structure should reconstruction of the nonconforming structure be denied.

Any such reconstruction shall commence within 24 months of the time of damage or destruction, and shall be diligently carried to completion. The 24 month time limit may be extended by the Director one time for good cause, provided a written request, including a statement of reasons for the time extension request, is filed with the Planning and Development Department prior to the expiration of the 24 month period. Where the reconstruction permitted above does not commence within the specified 24 months or the extended time period that may be granted by the Director, such structure shall not be reconstructed except in conformity with the regulations of the Toro Canyon Plan and this Article.

7.

Expansion of certain nonconforming structures located within front, rear, or side yard setback areas: Any structure that is nonconforming solely due to its location within a front, rear, or side yard setback area, due to any increase in such setback area that resulted from a change of zoning adopted with the Toro Canyon Plan, may be enlarged or expanded in a manner that does not further encroach into any such setback area and that otherwise conforms with the regulations of the Toro Canyon Plan and this Article.

8.

Expansion of nonconforming structures located on the shore: Additions to non-conforming structures on a bluff top or on the beach that increase the size of the structure by 50 percent or more are not permitted unless the entire structure is brought into conformance with the policies and standards of the Local Coastal Program. Demolition and reconstruction that results in the demolition of more than 50 percent of the exterior walls of a non-conforming structure is not permitted unless the entire structure is brought into conformance with the policies and standards of the Local Coastal Program. Non-conforming uses may not be increased or expanded into additional locations or structures.

9.

Nonconforming uses: The replacement or re-establishment of nonconforming uses is subject to the regulations of the Toro Canyon Plan and this Article only to the extent that some type of permit may be required by this Article. Any such permit may be approved only in conformance with the regulations of the Toro Canyon Plan and this Article.

(Ord. No. 5194, §§ 41, 42, 11-7-2023)

Section 35-194.6 Architectural Review Standards.

1.

Residential structures shall not exceed a height of 25 feet unless further restricted by other sections of the Zoning Ordinances (such as the Ridgeline and Hillside Development Guidelines).

2.

Notice of a project's initial Board of Architectural Review hearing (e.g. conceptual or preliminary review) shall be mailed to the owners of the affected property and the owners of the property within 500 feet of the exterior boundaries of the affected property at least 10 calendar days prior the Board of Architectural Review hearing, using for this purpose the name and address of such owners and occupants as shown on the current Assessor's tax rolls of the County of Santa Barbara.

3.

The following criteria shall be applied for the approval of any non-agricultural structure(s) by the Planning and Development Department and the Board of Architectural Review.

Where height exemptions under Ridgeline and Hillside Development Guidelines are allowed for rural properties, Board of Architectural Review minutes and the Planning and Development Department project file shall include a written discussion of how the project meets the applicable exemption criteria.

b.

Large understories and exposed retaining walls shall be minimized.

c.

Building rake and ridgeline shall conform to or reflect the surrounding terrain.

d.

Landscaping is used to integrate the structures into the site and its surroundings, and is compatible with the adjacent terrain.

e.

The exterior surfaces of structures, including water tanks, walls and fences, shall be non-reflective building materials and colors compatible with surrounding terrain (including soils, vegetation, rock outcrops). Where paints are used, they also shall be non-reflective.

f.

Retaining walls shall be colored and textured (e.g., with earth tone and split faces) to match adjacent soils or stone, and visually softened with appropriate landscaping.

g.

Outside lighting shall be minimized. Outside lighting shall be shielded, downward-directed low-level lighting consistent with Toro Canyon's rural and semi-rural character.

h.

The total height of cut slopes and fill slopes, as measured from the natural toe of the lowest fill slope (see Figure 35-194.1 Examples A and D) or the natural toe of the lowest cut slope (see Figure 35-194.1 Examples B and C) to the top of the cut slope, shall be minimized. The total vertical height of any graded slopes for a project, including the visible portion of any retaining wall above finished grade, shall not exceed 16 vertical feet.

i.

The visible portion of a retaining wall above finished grade shall not exceed six feet. (See Figure 35-194.1.)

Upon recommendation by Board of Architectural Review, the Planning and Development Department may grant exemptions to criteria h. and i. if written findings are made that the exemptions would allow a project that: 1) furthers the intent of protecting hillsides and watersheds, 2) enhances and promote better structural and/or architectural design and 3) minimizes visual or aesthetic impacts.

==> picture [408 x 573] intentionally omitted <==

FIGURE 35-194.1

Section 35-194.7 Economically Viable Use.

If it is asserted that the application of the policies and standards contained in the Local Coastal Program regarding use of property within the Toro Canyon Plan area that would constitute a taking of private property, the applicant shall apply for an economical viability determination in conjunction with their Coastal Development Permit application and shall be subject to the provisions of this section.

Section 35-194.8 Economically Viable Use Determination.

1.

The date the applicant purchased or otherwise acquired the property, and from whom.

2.

The purchase price paid by the applicant for the property.

3.

The fair market value of the property at the time the applicant acquired it, describing the basis upon which the fair market value is derived, including any appraisals done at the time.

4.

5.

Any development restrictions or other restrictions on use, other than government regulatory restrictions described in subsection d above, that applied to the property at the time the applicant acquired it, or which have been imposed after acquisition.

6.

Any change in the size of the property since the time the applicant acquired it, including a discussion of the nature of the change, the circumstances and the relevant dates.

7.

8.

Any title reports, litigation guarantees or similar documents in connection with all or a portion of the property of which the applicant is aware.

9.

Any offers to buy all or a portion of the property which the applicant solicited or received, including the approximate date of the offer and offered price.

10.

11.

12.

Any additional information that the County requires to make the determination.

Section 35-194.9 Supplemental Findings for Approval of Coastal Development Permit

1.

A Coastal Development Permit that allows a deviation from a policy or standard of the Local Coastal Program to provide a reasonable use may be approved or conditionally approved only if the appropriate governing body, either the Planning Commission or Board of Supervisors, makes the following supplemental findings in addition to the findings required in Section 35-169 (Coastal Development Permits):

a.

b.

Application of the Local Coastal Program policies and/or standards would unreasonably interfere with the applicant's investment-backed expectations.

c.

The use proposed by the applicant is consistent with the applicable zoning.

d.

The use and project design, siting, and size are the minimum necessary to avoid a taking.

e.

The development will not be a public nuisance. If it would be a public nuisance, the development shall be denied.

Section 35-194.10 Agricultural Soils.

Within the coastal zone, in areas with prime agricultural soils, structures, including greenhouses that do not rely on in-ground cultivation, shall be sited to avoid prime soils to the maximum extent feasible.

Section 35-194.11 Land Divisions.

Land divisions, including lot line adjustments and conditional certificates of compliance, shall only be permitted if each parcel being established could be developed without adversely impacting resources, consistent with Toro Canyon Plan policies and other applicable provisions.

DIVISION 16 - MONTECITO COMMUNITY PLAN OVERLAY DISTRICT

Section 35-200. - Purpose.

The purpose of the MON Overlay District is to implement portions of Montecito Community Plan section of the County's Local Coastal Plan.

Section 35-201. - Effect of MON Overlay District.

The provisions of this Overlay apply to the community of Montecito as shown on the Montecito Community Zoning Map. These provisions are in addition to the other provisions of this Article. Where provisions of the MON Overlay conflict with other provisions of this Article, the provisions of the MON Overlay shall take precedence.

All provisions of the Montecito Community Plan, Coastal Land Use Plan and applicable portions of the Comprehensive Plan, including all the goals, objectives, policies, actions, and development standards, shall also apply to the area zoned with the MON Overlay District.

Section 35-202. - Definitions.

For the purposes of this Section, the following definitions apply to the area zoned with the MON Overlay District:

Floor Area Ratio: A measurement of development intensity represented by the quotient of net floor area, excluding basements used exclusively for storage and residential units that meet the County's definition of affordable housing, divided by net lot area. Where there is an approved Final Development Plan, the floor area ratio shall be the quotient of net floor area, excluding basements used exclusively for storage and residential units that meet the County's definition of affordable housing, divided by the sum of the net lot area of all parcels included in the Development Plan.

Cabaña: A building, the use of which is incidental and accessory to the use of the beach, a pool, or a sports court (i.e., regulation size tennis or basketball court) that may include bathrooms, but excludes sleeping quarters and/or cooking facilities.

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

Section 35-203. - Floor Area Ratio.

1.

For parcels within the Resort/Visitor Serving Commercial (C-V) zoning district, the floor area ratio, as defined in Section 35-204, shall not exceed 0.25.

Section 35-204. - Height of Structures.

1.

New structures shall be limited to an average height of 16 feet above finished grade where site preparation results in a maximum fill of 10 feet or greater in height. This height limitation shall apply except as provided for in Section 35-127, Height. (Amended by Ord. 4263, 06/24/1997)

Section 35-205. - Affordable Residential Units.

1.

Resort/Visitor Serving Commercial (C-V). Any parcel with a zoning designation of Resort/Visitor Serving Commercial (C-V) shall, in addition to the uses allowed pursuant to the regulations of the base zone district, be permitted one or more residential units in the following manner:

a.

One residential unit (up to 800 square feet net floor area for a studio or one-bedroom unit, or up to 1,000 square feet net floor area for a two bedroom unit) shall be permitted on each legal lot subject to the issuance of a Coastal Development Permit pursuant to Section 35-169, provided that the unit is attached to the primary commercial structure and is rented to a low to moderate income household at a level that meets County affordability criteria. The residential unit shall not be sold or financed separately from the principal commercial structure.

b.

Two to four residential units (up to 800 square feet net floor area for each studio or one-bedroom unit, or up to 1,000 square feet net floor area for each two bedroom unit) shall be permitted on each legal lot subject to the issuance of a minor Conditional Use Permit pursuant to Section 35-172, provided that each unit is attached to the primary commercial structure and is rented to a low to moderate income household at a level that meets County affordability criteria, and that the residential use of the lot is secondary to its existing commercial use. Such a residential unit shall not be sold or financed separately from the principal commercial structure.

c.

A Development Plan shall not be required for permitted residential units outlined above in "a" and "b."

Section 35-206. - Permit Procedures.

1.

A Coastal Development Permit for grading of roads and/or individual buildings pads shall not be issued until the proposed structure has received Final BAR approval.

Section 35-207. - Reserved for Future Use

Section 35-208. - C-V Resort/Visitor Serving Commercial.

Section 35-208.1 Additional Findings Required for Approval of Development Plans.

1.

Improvements to resort visitor serving hotels have been designed to be consistent with the existing historic "Cottage Type Hotel" tradition from the early days of Montecito.

2.

The facility is compatible in mass, bulk, scale, and design with the residential character of the surrounding neighborhoods.

Section 35-208.2 Additional Requirements.

1.

Two thirds of any new or reconstructed buildings which are guest rooms shall be limited to 16 feet in height, except as provided for pursuant to Division 10, Nonconforming Structures and Uses and Section 35-214, "Restoration of Damaged Nonconforming Buildings and Structures" of Division 16.

2.

Parking areas shall be broken into small groupings of parking spaces and shall be fully landscaped.

3.

Cottage units shall be separated by landscaping to minimize the bulk and scale of development.

4.

New or reconstructed cottages shall be limited to six units (keys) per cottage, except as provided for pursuant to Division 10, Nonconforming Structures and Uses.

Section 35-209. - Parking.

Parking shall be provided as specified in Division 6, Parking Regulations, and Section 35-71.11, Parking. In addition, tandem parking shall be allowed on residentially zoned lots of 7,000 square feet or less to satisfy parking requirements.

Section 35-210. - Accessory Structures.

1.

Accessory structures, except barns and stables, shall not exceed 16 feet in height and shall conform to the front and side yard setback regulations of the district. Accessory structures may be located in the required rear yard setback provided that:

a.

They are located no closer than 10 feet to the principal structure;

b.

They do not exceed a height of 12 feet; and

c.

The cumulative footprint of all accessory structures, including accessory dwelling units, occupies no more than 30 percent of the required rear yard.

2.

All accessory structures. Detached accessory structures, including accessory structures containing one or more accessory uses, shall not exceed a building footprint area of 800 square feet as measured to the interior surface of exterior perimeter walls, posts, columns, or other supports.

a.

This 800 square foot building footprint limitation shall not apply to accessory dwelling units, barns, and stables; however, another accessory structure may only be attached to an accessory dwelling unit, barn, or stable if the total footprint area of the combined structure is 800 square feet or less. This shall not be construed in any way to limit the size of an accessory dwelling unit stacked above or below another accessory structure when constructed in compliance with Section 35-142 (Accessory Dwelling Units and Junior Accessory Dwelling Units).

b.

For the purposes of this Subsection 35-210.2, footprint refers to how the building sits on the ground. The building footprint includes the following:

1)

Any cantilevered portions of the structure as viewed perpendicularly from above.

2)

Any fully enclosed, partially enclosed, or unenclosed portions of the accessory structure located beneath a solid roof or other permanent covering.

The area of any portions of roof eaves that extend more than three feet from the exterior wall of the building.

4)

The footprint for structures that are fully or partially below grade shall be limited to only that portion of the structure with exposed walls.

3.

Detached accessory buildings. The total gross floor area of all approved and proposed buildings located on a lot shall not exceed 40 percent of the gross lot area of the lot on which the detached accessory building is proposed to be located.

a.

For purposes of this Subsection 35-210.3, "gross floor area" includes any fully enclosed, partially enclosed, or unenclosed floor area of the detached accessory building covered by a solid roof or other permanent covering.

b.

The gross floor area limitation in this Subsection 35-210.3 shall not apply to or otherwise limit the gross floor area of approved or proposed accessory dwelling units.

c.

If an application includes a proposed detached accessory dwelling unit and one or more detached accessory buildings, and the total gross floor area of all buildings located on the lot, both approved and proposed, would exceed 40 percent of the gross lot area, then the floor area of the proposed detached accessory building(s) shall be reduced as necessary in order to comply with the 40 percent of gross lot area limitation.

d.

For purposes of this Subsection 35-210.3, "approved" means that a valid land use entitlement exists for a detached accessory building or accessory dwelling unit, but the building or unit has not been constructed, or that construction of the detached accessory building or accessory dwelling unit has been legally completed. "Proposed" means that an application for a detached accessory building or accessory dwelling unit has been submitted to the Department, and final action on the application has not been taken.

ccessory building or accessory dwelling unit, but the building or unit has not been constructed, or that construction of the detached accessory building or accessory dwelling unit has been legally completed. "Proposed" means that an application for a detached accessory building or accessory dwelling unit has been submitted to the Department, and final action on the application has not been taken.

(Ord. No. 5194, § 40, 11-7-2023)

Section 35-211. - Guest House, Artist Studio, and Pool House/Cabana.

1.

No guest house, artist studio or pool house/cabana shall exceed a height of 16 feet.

Floor area. The net floor area of a guesthouse, artist studio, or cabaña shall not exceed 800 square feet. However, a guesthouse, artist studio, or cabaña structure may be attached to other accessory structures provided the building footprint area of the combined structure does not exceed 800 square feet and interior access does not exist between the guesthouse, artist studio, or cabaña and the other accessory structure(s).

a.

For the purposes of this Section 35-211.2, building footprint area is measured to the interior surface of the exterior, perimeter walls, posts, columns, or other supports. The building footprint includes the following:

1)

Any cantilevered portions of the structure as viewed perpendicularly from above.

2)

Any fully enclosed, partially enclosed, or unenclosed portions of the accessory structure located beneath a solid roof or other permanent covering.

3)

The area of any portions of roof eaves that extend more than three feet from the exterior wall of the building.

b.

1)

For purposes of this Subsection 35-211.2.b, "gross floor area" includes any fully enclosed, partially enclosed, or unenclosed floor area of the detached accessory building covered by a solid roof or other permanent covering

2)

The gross floor area limitation of this Subsection 35-211.2.b shall not apply to or otherwise limit the gross floor area of approved or proposed accessory dwelling units.

3)

4)

For purposes of this Subsection 35-211.2.b, "approved" means that a valid land use entitlement exists for a detached accessory building or accessory dwelling unit, but the building or unit has not been constructed, or that construction of the detached accessory building or accessory dwelling unit has been legally completed. "Proposed" means that an application for a detached accessory building or accessory dwelling unit has been submitted to the Department, and final action on the application has not been taken.

Section 35-212. - Requirements for Exterior Lighting.

1.

Recreational court lighting is prohibited in all residential zone districts.

Section 35-213. - BAR Findings Required for Approval.

Within the Montecito Overlay District, prior to approving any Board of Architectural Review application, the Board of Architectural Review shall make the following findings instead of those required in Section 35184.6:

1.

Overall building shapes as well as parts of any structure (buildings, walls, fences, screens, towers, or signs) shall be in proportion to and compatible with the bulk and scale of other existing or permitted structures on the same site and in the neighborhood surrounding the property.

2.

Mechanical and electrical equipment shall be well integrated in the total design concept.

3.

There shall be harmony of material, color, and composition of all sides of a structure or building.

4.

A limited number of materials will be on the exterior face of the building or structure.

5.

There shall be a harmonious relationship with existing developments in the surrounding neighborhood, avoiding excessive variety and monotonous repetition, but allowing similarity of style, if warranted.

6.

Site layout, orientation, location and sizes of all structures on a property, buildings, and signs on a property, shall be in an appropriate and well-designed relationship to one another, and to the environmental qualities, open spaces, and topography of the property with consideration for public views of the hillsides and the ocean and the semi-rural character of the community as viewed from scenic view corridors as shown on Figure 37, Visual Resources Map in the Montecito Community Plan EIR (92-EIR-03).

7.

Adequate landscaping shall be provided in proportion to the project and the site with regard to preservation of specimen and landmark trees, existing vegetation, selection of planting which will be appropriate to the project, and adequate provision for maintenance of all planting.

8.

Signs including their lighting, shall be well designed and shall be appropriate in size and location.

9.

Grading and development shall be designed to avoid visible scarring and shall be in an appropriate and well-designed relationship to the natural topography with regard to maintaining the natural appearance of ridgelines and hillsides.

10.

Section 35-214. - Restoration of Damaged or Destroyed Nonconforming Buildings Structures.

1.

If all or any portion of an existing hotel is damaged or destroyed, the owner shall be entitled to replace the damaged or destroyed improvement with new construction of the identical size to that damaged or destroyed on the same site in the same general location.

2.

Within the Montecito Overlay District, if a nonconforming structure is damaged or destroyed by fire, flood, earthquake, or other natural disaster, such structure may be reconstructed to the same or lesser size on the same site and in the same general footprint location provided such reconstruction shall commence within 24 months of the time of damage and be diligently carried to completion. The time limit may be extended by the Director one time for good cause, provided a written request, including a statement of reasons for the time extension request is filed with the Planning and Development Department prior to the expiration date. Where the reconstruction permitted above, does not commence within the specified 24 months or a time extension granted, such structure shall not be reconstructed except in conformity with the regulations of this Article.

Section 35-215. - Findings.

1.

In addition to the findings that are required for approval of a development project (as development is defined in the Santa Barbara County Coastal Plan), as identified in each section of Division 11 - Permit

Procedures of Article II, a finding shall also be made that the project meets all the applicable development standards included in the Montecito Community Plan of the Coastal Land Use Plan.

2.

For projects requiring a Major Conditional Use Permit, a finding shall be made that the project will not potentially result in traffic levels higher than those anticipated for the parcel by the Montecito Community Plan and its associated environmental documents; or if the project will result in higher traffic levels, that the increase in traffic is not large enough to cause the affected roadway(s) and/or intersection(s) to exceed their designated acceptable capacity levels at buildout of the Montecito Community Plan or that road improvements included as part of the project description are consistent with provisions of the Comprehensive Plan (specifically the Montecito Community Plan) and are adequate to fully offset the identified potential increase in traffic.

3.

For projects subject to discretionary review, a finding shall be made that the development will not adversely impact recreational facilities and uses.

DIVISION 17 - GAVIOTA COAST PLAN (GAV) OVERLAY

Section 35-400. - Purpose.

The purpose of the Gaviota Coast Plan overlay is to implement the Gaviota Coast Plan by providing for specific land uses and development standards within the Gaviota Coast Plan area.

Section 35-410. - Applicability and District Boundaries.

The provisions of this Division shall apply to all development and land uses that is located within the Gaviota Coast Plan area in addition to all other applicable requirements of this Article. If conflicts occur between the provisions and 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 provisions and requirements that are most protective of coastal resources shall control.

Section 35-415. - Supplemental Findings for Approval of Coastal Development Permit to Provide a Reasonable Use.

A Coastal Development Permit that allows a deviation from a policy or standard of the Local Coastal Program to provide a reasonable use may be approved or conditionally approved only if the decision-maker finds that LCP-consistent uses would not provide an economically viable use of the property and that the proposed development is consistent with the applicable zoning, is not prohibited by other laws or legal principles (e.g., is not a public nuisance), is the least environmentally damaging feasible alternative, and is the minimum necessary to avoid a taking. These findings are in addition to the findings required in Section 35-169 (Coastal Development Permits).

Section 35-420. - Definitions.

The following terms are defined for the purposes of this Division.

Accessory Agricultural Structure. An accessory building or structure that does not contain any kitchen or cooking facilities and is designed and constructed primarily for storing farm implements or supplies, hay, grain, poultry, livestock or horticultural products where such buildings or structures are located in agriculturally zoned areas and support agricultural use of the lot. Accessory agricultural buildings or structures may include confined animal facilities and fencing incidental, appropriate and subordinate to the agricultural use but shall not include residential development equestrian facilities, packing or shipping facilities.

Agricultural and Natural Resource Educational Experience. An instructional program that integrates academic and technical preparation and includes real-world relevant experiences in areas such as agricultural business, agricultural mechanics, agriscience, animal science, forestry and natural resources, ornamental horticulture, and plant and soil science. Program components may include classroom and laboratory instruction, and supervised agricultural experience projects.

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

Agricultural Product Sales. The sale of agricultural products, including flowers, fresh fruit, herbs, plants and vegetables, grown on or off the premises or other products as allowed by Section 35-131 (Agricultural Sales) and this Division 17 (Gaviota Coast Plan Overlay).

Agricultural Product Transportation Facility. A transportation facility required to support agriculture.

Agricultural Structural Development. Any structure that is constructed, erected, or placed with or without a foundation, the use of which requires location on the ground and is covered by a roof, the use of which is restricted to those uses that are directly accessory, ancillary and secondary to the agricultural use of the property. Dwelling units are considered agricultural structural development only if they provide housing for agricultural employees of the owner or lessee of the land.

Airstrip, Temporary. An airfield without normal airport facilities consisting of a landing strip or heliport that is not constructed of hard materials and is used for agricultural crop dusting or the personal use of the tenant or owner of the site and excluding public use and commercial operations.

Animal Keeping. The keeping, feeding or raising of animals as a commercial agricultural venture, avocation, hobby or school project, either as a primary land use or subordinate to a residential use. Includes the keeping of common farm animals, apiaries, aviaries, worm farms, household pets, etc. (See also "Confined Animal Facilities")

Artisanal Crafts. Anything handmade and designed by a person skilled in an applied art; examples include glass blowing, jewelry making, leatherworking, metalworking, pottery, and woodworking.

Aquaponics. A closed system of aquaculture in which the waste produced by farmed fish or other aquatic creatures supplies the nutrients for plants grown hydroponically which in turn purify the water in the system.

Boat Launching Facility. A facility specifically designed to assist with the ingress/egress of boats and other aquatic vehicles.

Bulk Water Importation Facility. A facility specifically designed to import bulk amounts of water including those associated with ocean going vessels, or other similar facilities.

Campground. A site for temporary occupancy by campers which may include individual campsites. May include accommodations for recreational vehicles unless prohibited within the applicable zone.

Campground, low-impact. An area of land designed or used for "carry-in, carry-out" camping accessed by trail, including associated support facilities such as, picnic tables, potable water, self-contained chemical or composting restrooms, water tanks, portable fire suppression apparatus, but excluding roads and other structures. Low-impact campgrounds constitute a resource-dependent use.

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

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

Composting Operation. A commercial facility that produces compost from the organic material fraction of the waste stream and is permitted, designed, and operated in compliance with the applicable regulations in California Code of Regulations, Title 14, Division 7.

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

Confined Animal Facilities. Facilities where animals are corralled, penned, or otherwise housed or caused to remain in restricted areas. Confined animal facilities include corrals, fencing for pastures, barns, stables, or other development designed to house or restrict the movement of animals. Also includes animal enclosures.

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

feld crops	fruits	melons	tree nuts	vegetables
fowers and seeds	grains	ornamental crops	trees and sod	wine and table grapes

Also includes associated crop preparation services and harvesting activities, such as mechanical soil preparation, irrigation system construction, spraying, and crop processing. Does not include agricultural processing or greenhouses which are separately defined. Does not include noncommercial home gardening, which is allowed as an accessory use without County approval in all zones that otherwise allow

residential uses. Activities that constitute grading are separately regulated under Chapter 14 of the County Code.

Limited Slope. "Cultivated Agriculture, Orchard, Vineyard - Limited Slope" means new or expanded agricultural activities that occur on slopes of 30 percent or less.

Desalination Facility. A facility specifically designed to remove salts and other chemicals from sea water to render it potable.

Drainage Channel. A channel, either natural or manmade, that conveys water. (See also "Stream" in Section 35-58)

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

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

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

boarding stables horse exhibition facilities riding schools and academies

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

Farmstand. A stand, which may be of permanent or temporary construction, that sells farm produce and other incidental items.

Farmstay. A type of working farm or ranch operation that is partially oriented towards visitors or tourism by providing guest accommodations. Such an operation may include interactive activities where guests participate in basic farm or ranch operations such as collecting eggs and feeding animals, or a work exchange agreement where the guest works a set number of hours in exchange for free or reduced rate accommodation.

Firewood Processing and Sales. The conversion of raw plant material into firewood and the sale thereof.

Fishing. The activity of catching fish, either for food or as a sport.

Fishing Operation. Commercial, recreational fishing within an artificial pond or reservoir that is stocked with fish.

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

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

Repair Service - Equipment, Large Appliances, etc. A service and facility where various types of electrical, electronic, and mechanical equipment, and home and business appliances are repaired and/or maintained away from the site of the equipment owner. Does not include vehicle repair or maintenance, the repair of small home appliances and electronic equipment, maintenance and repair activities that occur on the client's site, or repair services provided on the site of a retail use that sells the products for which repair services are offered, which are incidental to the onsite sales.

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

Resource-dependent Use. A use that is dependent on environmentally sensitive habitat (ESH) areas to function (e.g., nature study, habitat restoration, low-impact campgrounds, and public trails).

Revetment. A sloped retaining wall; a facing of stone, concrete, blocks, rip-rap, etc. built to protect an embankment, bluff, or development against erosion by wave action and currents. (See also "Sea Wall" and "Shoreline Protective Device")

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

Rural Recreation. Low intensity recreational uses including campgrounds with minimum facilities, hunting clubs, retreats, and summer camps. May include accommodations for recreational vehicles unless prohibited within the applicable zone.

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

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

Sea Wall. A structure separating land and water areas, primarily designed to prevent erosion and other damage from wave action or flooding during storms. It is usually a vertical wood or concrete wall as opposed to a sloped revetment. (See also "Revetment" and "Shoreline Protective Device")

Shoreline Protective Device. A broad term for constructed features such as seawalls, revetments, rip-rap, earthen berms, cave fills, and bulkheads that block the landward retreat of the shoreline and are used to protect structures and other features from erosion and other hazards. (See also "Revetment" and "Sea Wall")

Sports and Entertainment Assembly. A large-scale indoor or outdoor facility accommodating spectatororiented sports, concerts, and other entertainment activities. Examples of this land use include amphitheaters, race tracks, stadiums and coliseums.

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

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

Trail. A route that is designed, designated, constructed, or established through historic use for recreational pedestrian, hiking, biking, or equestrian riding use. Also, recreational routes that are designed to provide access for persons with mobility impairments.

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

Tree Nut Hulling. Removing the soft outer hull (also known as the husk) from the nut by manual or mechanical methods.

Truck or Freight Terminal. A transportation facility furnishing services incidental to air, motor freight, and rail transportation. Examples of these facilities include:

freight forwarding services	packing, crating, inspection and weighing services
freight terminal facilities	postal service bulk mailing distribution centers
joint terminal and service facilities	transportation arrangement services
overnight mail processing facilities	trucking facilities, including transfer and storage

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

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

Water Extraction, Commercial. The pumping and processing of natural, carbonated or mineral water from a well for commercial purposes, including bottling, shipping, storage and trucking.

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

Winery. A bonded agricultural processing facility primarily used for the commercial processing of grapes or other fruit products to produce wine or similar spirits or the re-fermenting of still wine into sparkling wine. Processing consists of controlled fermentation combined with any of the following: crushing, blending, barrel aging, and bottling. Storage of case goods shall only occur in conjunction with processing.

Section 35-430. - Allowable Development and Planning Permit Requirements.

A.

Applicability. This Division applies to all property located within the Gaviota Coast Plan area and describes the land uses that are allowed in the Gaviota Coast Plan area and planning permit requirements for each use. This Division supersedes and replaces the permitted uses and conditionally permitted uses that are listed in the following sections of this Article:

1.

Sections 35-69.3 (Permitted Uses), 35-69.4 (Uses Permitted With a Major Conditional Use Permit) and 3569.5 (Uses Permitted With a Minor Conditional Use Permit) of Section 35-69 (AG-II - Agriculture II) of Division 4 (Zoning Districts).

2.

Sections 35-70.3 (Permitted Uses), 35-70.4 (Uses Permitted With a Major Conditional Use Permit) and 3570.5 (Uses Permitted With a Minor Conditional Use Permit) of Section 35-70 (RR - Rural Residential) of Division 4 (Zoning Districts).

3.

Sections 35-87.3 (Permitted Uses), 35-87.3a (Other Uses that are not Coastal-Dependent Industry) and 3587.4 (Uses Permitted With a Major Conditional Use Permit) of Section 35-87 (M-CD - Coastal Dependent Industry) of Division 4 (Zoning Districts).

4.

Sections 35-89.5 (Permitted Uses), 35-89.6 (Uses Permitted With a Major Conditional Use Permit) and 3589.7 (Uses Permitted With a Minor Conditional Use Permit) of Section 35-89 (REC - Recreation District) of Division 4 (Zoning Districts).

5.

Sections 35-90.3 (Permitted Uses), 35-90.4 (Uses Permitted With a Major Conditional Use Permit) and 3590.5 (Uses Permitted With a Minor Conditional Use Permit) of Section 35-90 (RES - Resource Management) of Division 4 (Zoning Districts).

6.

Sections 35-93.3 (Permitted Uses), 35-93.4 (Uses Permitted With a Major Conditional Use Permit) and 3593.5 (Uses Permitted With a Minor Conditional Use Permit) of Section 35-93 (TC - Transportation Corridor) of Division 4 (Zoning Districts).

Section 35-144J (Animal Keeping) of Division 7 (General Regulations).

8.

Section 35-147 (Processing) of Division 8 (Services, Utilities and Other Related Facilities).

9.

Section 35-172.4 (Minor Conditional Use Permits).

10.

Section 35-172.5 (Major Conditional Use Permits).

B.

Allowable land uses. The land uses allowed by this Division within the Gaviota Coast Plan area in each zone and overlay zone are listed in Subsection E (Allowed land uses), below, together with the type of planning permit required for each use. Resource dependent uses (i.e., uses that are dependent on environmentally sensitive habitat in order to function), including public access and other uses not listed in Subsection E, are also allowed in each zone district.

1.

Establishment of an allowable use. Any land use identified in Subsection E (Allowed land uses and permit requirements), below, as being allowable within a specific zone may be established on any lot within that zone, subject to the planning permit requirements of Subsection C (Permit requirements), below, and compliance with all applicable requirements of this Article.

2.

Use not listed. A land use not shown on Table 17-2 (Allowed Land Uses and Permit Requirements for the Gaviota Coast Plan Area) in Subsection E (Allowed land uses and permit requirements), below, is not allowed except for any resource dependent use in any zone district and as otherwise provided in this Division or in compliance with Subsection B.3 (Similar and compatible uses may be allowed), below.

3.

Similar and compatible use may be allowed. In addition to uses allowed in compliance with Subsection E (Allowed land uses and permit requirements), below, in the REC and TC zones the Commission may determine that a proposed use not listed in this Division is allowable in compliance with the following, as applicable.

a.

REC. Any other use which the Commission determines to be similar in nature to the uses listed as a "P" use in Table 17-2 (Allowed Land Uses and Permit Requirements for the Gaviota Coast Plan Area) in Subsection E (Allowed land uses and permit requirements), below.

Requirements for certain specific land uses. Where the last column ("Specific Use Regulations") in Table 17-2 (Allowed Land Uses and Permit Requirements for the Gaviota Coast Plan Area) includes a section number, the referenced Section may affect whether the use requires a Coastal Development Permit or a Land Use Permit, Development Plan, Minor Conditional Use Permit or Major Conditional Use Permit, and/or may establish other requirements and standards applicable to the use.

3.

Accessory structures and uses. Each use allowed by Table 17-2 (Allowed Land Uses and Permit Requirements for the Gaviota Coast Plan Area) may include accessory uses and structures that are customarily incidental to the principal use. Accessory structures and uses that are incidental, appropriate, and subordinate to the designated principal permitted use for each zone may be considered a component of the Principal Permitted Use and are shown in the table as "PP." Non-Principal Permitted Uses are shown in the table as "P." For accessory structures and uses that are not specifically listed in Table 17-2 , the Director shall determine if the structure or use is a component of the Principal Permitted Use or is a nonPrincipal Permitted Use.

4.

Development Plan approval required. Except as provided below, the approval of a Final Development Plan in compliance with Section 35-174 (Development Plans) is required prior to the approval of a Coastal Development Permit, Land Use Permit or Zoning Clearance.

a.

AG-II zone. Section 35-169.2.2 does not apply to development proposed on property zoned AG-II located within the Gaviota Coast Plan area and instead the approval of a Final Development Plan in compliance with Section 35-174 (Development Plans) is required prior to the approval of a Coastal Development Permit, Land Use Permit or Zoning Clearance for the following structural development that is not otherwise required by this Section to have discretionary permit approval:

1)

Non-agricultural structural development. The proposed structure and use thereof does not qualify as agricultural structural development (see Section 35-58 (Definitions)) and is either 15,000 or more square feet in gross floor area or the structure is an attached or detached addition that, together with existing structures on the site that do not qualify as agricultural structural development, will total 15,000 square feet or more in gross floor area.

a)

Floor area not included in total gross floor area. The gross floor area of structures that are exempt from planning permit requirements in compliance with Section 35-51B (Exemptions from Planning Permit Requirements) is not included in the total gross floor area on the lot for the purpose of determining whether the approval of a Final Development plan is required in compliance with Subsection E.4.a.1), above.

2)

Agricultural structural development. The proposed structure and use thereof do qualify as agricultural structural development and meets one or more of the following:

a)

The proposed structure is 15,000 or more square feet in gross floor area or is an addition to an existing structure that will result in a structure of 15,000 or more square feet in gross floor area after completion of the addition.

b)

The proposed structure is 10,000 or more square feet in gross floor area or is an addition to an existing structure that will result in a structure of 10,000 or more square feet in gross floor area after completion of the addition, and:

i)

A different structure that qualifies as agricultural structural development that is 10,000 or more square feet in gross floor area exists on the lot, or

ii)

There is an active, unexpired planning permit that allows for the construction of a different structure that qualifies as agricultural structural development that is 10,000 or more square feet in gross floor area, or

iii)

The application for the proposed structure is submitted either in conjunction with or subsequent to an application for a different structure that qualifies as agricultural structural development that is 10,000 or more square feet in gross floor area.

c)

The proposed structure(s) will result in a total gross floor area on a lot that exceeds the development plan threshold listed for the applicable lot area as shown in Table 17-1 (Development Plan Thresholds), below. Total gross floor area includes the gross floor area of agricultural structural development and nonagricultural structural development, both existing and proposed.

Table 17-1- Development Plan Thresholds

Lot Size (acres)	Threshold (sq. ft.)
Less than 40	20,000
40 to less than 100	25,000
100 to less than 200	30,000
200 to less than 320	40,000
320 or more	50,000

d)

Floor area not included in total gross floor area. The gross floor area of the following structures is not included in the total gross floor area on the lot for the purpose of determining whether the approval of a Final Development plan is required in compliance with Subsection E.4.a.2)c), above.

The gross floor area of structures that are exempt from planning permit requirements in compliance with Section 35-51B (Exemptions from Planning Permit Requirements).

ii)

A maximum of 10,000 square feet of gross floor area of structures that qualify as agricultural structural development where each structure does not exceed 3,000 square feet of gross floor area, has three or fewer walls, and at least one of the long sides of the structure is open and only utilizes posts to support the roof.

e)

Proposed structures that do not require the approval of a Final Development Plan in compliance with Subsection E.4.a.2)c) and Subsection E.4.a.2)d), above, shall comply with Subsection E.6 (Standards for agricultural structural development that does not require a Development Plan), below. Proposed structures that do not comply with Subsection E.6 (Standards for agricultural structural development that does not require a Development Plan) may be allowed in compliance with an approved Final Development Plan.

b.

M-CD zone. On property zoned M-CD:

1)

Oil and gas facilities. Development related to oil and gas facilities shall be issued in compliance with the permit requirements and development standards of Division 9 (Oil and Gas Facilities).

2)

Other development. For development other than that related to oil and gas facilities, the approval of a Final Development Plan in compliance with Section 35-174 (Development Plans) is required prior to the approval of a Coastal Development Permit, Land Use Permit or Zoning Clearance for a structure that is not otherwise required to have a discretionary permit and is 20,000 or more square feet in gross floor area, or is an attached or detached addition that, when together with existing structures on the lot will total 20,000 square feet or more of gross floor area.

c.

REC zone. The approval of a Final Development Plan in compliance with Section 35-174 (Development Plans) is required prior to the approval of a Coastal Development Permit, Land Use Permit or Zoning Clearance for all development including grading.

d.

RES and RR zones. The approval of a Final Development Plan in compliance with Section 35-174 (Development Plans) is required prior to the approval of a Coastal Development Permit, Land Use Permit or Zoning Clearance for a structure that is not otherwise required to have a discretionary permit and is 20,000 or more square feet in gross floor area, or is an attached or detached addition that, when together with existing structures on the lot will total 20,000 square feet or more of gross floor area.

e.

TC zone. The approval of a Final Development Plan in compliance with Section 35-174 (Development Plans) is required prior to the approval of a Coastal Development Permit, Land Use Permit or Zoning Clearance for all development including excavation and grading.

5.

Design Review. Design Review may be required prior to the approval of a planning permit for a structure, or an addition to or alteration of an existing structure in compliance with Section 35-184 (Board of Architectural Review).

6.

Standards for agricultural structural development that does not require a Development Plan. In addition to other development standards required by this Article, above, all development associated with the construction of agricultural structural development on lots zoned AG-II that does not require the approval of a Final Development Plan in compliance with Subsection E.4 (Development Plan approval required), above, shall comply with all of the additional development standards listed below. If conflicts occur between these requirements and any other provisions of the County Code, the Local Coastal Program, the primary zone, and any applicable overlay district, the requirements that are most protective of coastal resources shall control.

a.

The development protects and maintains continued and renewed agricultural production and viability on site and does not impact adjacent agricultural lands. The development is sited and designed to avoid agricultural land (i.e., prime agricultural land or non-prime land suitable for agriculture) to the maximum extent consistent with the operational needs of agricultural production. If use of such land is necessary for agricultural structural development, prime agricultural land shall not be utilized if it is possible to utilize nonprime lands. In addition, as little agricultural land as possible shall be used for structural development, and agricultural structures shall be clustered with other existing structures to the maximum extent feasible.

b.

The development avoids environmentally sensitive habitat areas (ESH). If avoidance is infeasible and would preclude reasonable use of a parcel, then the alternative that would result in the fewest or least significant impacts shall be selected and findings shall be made pursuant to Section 35-415 (Supplemental Findings for Approval of Coastal Development Permit to Provide a Reasonable Use).

c.

The development is located a minimum of 100 feet from environmentally sensitive habitat areas (ESH) and a minimum of 50 feet from Monarch butterfly tree ESH, as described in Section 35-440.E.

d.

The development preserves natural features, landforms and native vegetation such as trees to the maximum extent feasible.

e.

The development is compatible with the character of the surrounding natural environment, subordinate in appearance to natural landforms, and sited so that it does not intrude into the skyline as seen from public viewing places. At a minimum, the development shall comply with the following design standards.

1)

Any exterior lighting is required for safety purposes only and complies with the following requirements:

a)

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

b)

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

2)

Building materials and colors (earth tones and non-reflective paints) that are compatible with the

surrounding natural environment are used to maximize the visual compatibility of the development with surrounding areas.

Table 17-2 Allowed Land Uses and Permit Requirements for the Gaviota Coast Plan Area	P Permitted use, Coastal Development Permit required PP Principal Permitted Use; Coastal Permit required (2) MCUP Minor Conditional Use Permit required CUP Major Conditional Use Permit required E Allowed use, No permit required S Permit determined by Specifc Use Regulations — Use Not Allowed	P Permitted use, Coastal Development Permit required PP Principal Permitted Use; Coastal Permit required (2) MCUP Minor Conditional Use Permit required CUP Major Conditional Use Permit required E Allowed use, No permit required S Permit determined by Specifc Use Regulations — Use Not Allowed	P Permitted use, Coastal Development Permit required PP Principal Permitted Use; Coastal Permit required (2) MCUP Minor Conditional Use Permit required CUP Major Conditional Use Permit required E Allowed use, No permit required S Permit determined by Specifc Use Regulations — Use Not Allowed	P Permitted use, Coastal Development Permit required PP Principal Permitted Use; Coastal Permit required (2) MCUP Minor Conditional Use Permit required CUP Major Conditional Use Permit required E Allowed use, No permit required S Permit determined by Specifc Use Regulations — Use Not Allowed	P Permitted use, Coastal Development Permit required PP Principal Permitted Use; Coastal Permit required (2) MCUP Minor Conditional Use Permit required CUP Major Conditional Use Permit required E Allowed use, No permit required S Permit determined by Specifc Use Regulations — Use Not Allowed	P Permitted use, Coastal Development Permit required PP Principal Permitted Use; Coastal Permit required (2) MCUP Minor Conditional Use Permit required CUP Major Conditional Use Permit required E Allowed use, No permit required S Permit determined by Specifc Use Regulations — Use Not Allowed	(2)
LAND USE (1)	PERMIT REQUIRED		BY ZONE				Specifc Use Regulations
	AG-II	M- CD(3)	REC	RES	RR	TC
AGRICULTURAL, MINING & ENERGY FACILITIES
Agricultural accessory structure	PP	—	—	P	P	—	35-119
Agricultural processing facility	S	—	—	—	—	—	35-460.D
Animal keeping (except equestrian facilities - see RECREATION)	S	S	S	S	S	—	35-450.B
Aquaculture	CUP	PP	—	—	CUP	—	35-460.F
Aquaponics	PP	—	—	—	—	—
Cultivated agriculture, orchard, vineyard	PP (8)	—	—	CUP (4)(8)	P (8)	—	35-450.A
Grazing	PP (8)	—	—	MCUP (5)(8)	—	—
Greenhouse, 300 sf or less	PP	—	—	—	P	—
Greenhouse, more than 300 sf	P (7)	—	—	—	CUP (6)	—
---	---	---	---	---	---	---	---
Mining, extraction & quarrying of natural resources, not including gas, oil & other hydrocarbons	CUP	CUP	—	—	CUP	—	35-177
Mining - Surface, less than 1,000 cubic yards	P	P	—	—	P	—	35-177
Mining - Surface, 1,000 cubic yards or more	P	CUP	—	—	CUP	—	35-177
Oil and gas uses	S	S	—	S	S	—	Division 9
Winery	CUP	—	—	—	—	—	35-460.L
INDUSTRY, MANUFACTURING & PROCESSING, WHOLESALING
Composting	S	—	—	—	—	—	35-460.G
Firewood processing and sales	S	—	—	—	—	—	35-460.H
Lumber processing and milling (small scale)	S	—	—	—	—	—	35-460.I
Recycling - Community recycling facility	—	—	—	—	—	CUP
Recycling - Small collection center	—	—	—	—	—	CUP
Recycling - Small collection center, non-proft	—	—	—	—	—	CUP
Recycling - Specialized materials collection center	—	—	—	—	—	CUP

Key to Zone Symbols

AG-II	Agriculture II
M-CD	Coastal-Dependent Industry
REC	Recreation
RES	Resource Management
RR	Rural Residential
TC	Transportation Corridor

Notes:

(1) See Section 35-58 (Definitions) and Section 35-420 (Definitions) for land use definitions.

(2) Development Plan approval may also be required; see Section 35-430.E (Allowable land uses and permit requirements).

(3) Uses limited to those that require a site on or adjacent to the sea to be able to function at all.

(4) Must meet definition of "Cultivated agriculture, orchard, vineyard - Limited Slope."

(5) Must meet definition of "Grazing - Limited Slope."

(6) Greenhouses, hothouses, other plant protection structures in excess of 300 square feet and related development, e.g., packing sheds, parking, driveways, subject to the limitations provided in the RR District.

(7) Greenhouses and greenhouse related development that are cumulatively less than 20,000 square feet in area may be permitted as a Principal Permitted Use (PP).

(8) See Section 35-430.D (Exempt activities and structures) for ongoing cultivation and grazing.

Table 17-2- Continued Allowed Land Uses and Permit Requirements for the Gaviota Coast Plan Area	P Permitted use, Coastal Development Permit required PP Principal Permitted Use; Coastal Permit required (2) MCUP Minor Conditional Use Permit required CUP Major Conditional Use Permit required E Allowed use, No permit required S Permit determined by Specifc Use Regulations — Use Not Allowed	P Permitted use, Coastal Development Permit required PP Principal Permitted Use; Coastal Permit required (2) MCUP Minor Conditional Use Permit required CUP Major Conditional Use Permit required E Allowed use, No permit required S Permit determined by Specifc Use Regulations — Use Not Allowed	P Permitted use, Coastal Development Permit required PP Principal Permitted Use; Coastal Permit required (2) MCUP Minor Conditional Use Permit required CUP Major Conditional Use Permit required E Allowed use, No permit required S Permit determined by Specifc Use Regulations — Use Not Allowed	P Permitted use, Coastal Development Permit required PP Principal Permitted Use; Coastal Permit required (2) MCUP Minor Conditional Use Permit required CUP Major Conditional Use Permit required E Allowed use, No permit required S Permit determined by Specifc Use Regulations — Use Not Allowed	P Permitted use, Coastal Development Permit required PP Principal Permitted Use; Coastal Permit required (2) MCUP Minor Conditional Use Permit required CUP Major Conditional Use Permit required E Allowed use, No permit required S Permit determined by Specifc Use Regulations — Use Not Allowed	P Permitted use, Coastal Development Permit required PP Principal Permitted Use; Coastal Permit required (2) MCUP Minor Conditional Use Permit required CUP Major Conditional Use Permit required E Allowed use, No permit required S Permit determined by Specifc Use Regulations — Use Not Allowed	(2)
LAND USE (1)	PERMIT REQUIRED		BY ZONE				Specifc
	AG-II	M- CD(3)	REC	RES	RR	TC	Use Regulations
RECREATION, EDUCATION & PUBLIC ASSEMBLY USES
Education or research facility, limited	—	—	—	PP	—	—
Equestrian facility	CUP	—	CUP	—	CUP	—
Golf course	—	—	P	—	CUP	—
Meeting facility, religious	— (4)	—	— (4)	— (4)	CUP	—
Rural recreation	S	—	P	CUP	—	—	35-450.C
School	CUP (5)	—	CUP	—	CUP	—	35-450.D
Sport and outdoor recreation facility	—	—	CUP	—	CUP	—
Private trail for bicycles, hiking or riding	P	P	P	P	P	P
Public trail for bicycles, hiking or riding	PP	PP	PP	PP	PP	PP
RESIDENTIAL USES
Agricultural employee dwellings, 4 or fewer employees	PP	CUP (6)	—	MCUP	MCUP	—	35-144R
Agricultural employee dwellings, 5 to 24 employees	P	CUP (6)	—	—	—	—	35-144R
Agricultural employee dwellings, 25 or more employees	CUP	CUP (6)	—	—	—	—	35-144R
Artist studio	P	—	—	MCUP	P	—	35-120
Caretaker/manager dwelling	—	CUP (6)	MCUP	—	—	—
Dwelling, one-family (7)	PP	—	—	P	PP	—
Farmworker dwelling unit (7)	PP	—	—	PP	PP	CUP (8)	35-144.P
Farmworker housing complex	CUP	P	—	CUP	CUP	CUP	35-144.P
Guesthouse	P	—	—	P	P	—	35-120
Home occupation	PP	—	—	PP	PP	—	35-121
Incentive dwelling unit	P	—	—	—	—	—	35-470
Pool house/cabaña	P	—	—	P	P	—	35-120
Residential accessory use or structure	P (11)	—	MCUP	P	PP	—	35-119
Accessory dwelling unit	PP	—	—	P	PP	—	35-142
Junior accessory dwelling unit	PP	—	—	P	PP	—	35-142
Special care home, 7 or more clients	MCUP	—	—	MCUP	MCUP	—	35-143
---	---	---	---	---	---	---	---
Supportive Housing	S	S	S	S	S	S	35-144V
Transitional Housing	S	S	S	S	S	S	35-144V
RETAIL TRADE
Agricultural product sales	S (9)	P (10)	—	—	S (10)	—

Key to Zone Symbols

AG-II	Agriculture II
M-CD	Coastal-Dependent Industry
REC	Recreation
RES	Resource Management
RR	Rural Residential
TC	Transportation Corridor

Notes:

(1) See Section 35-58 (Definitions) and Section 35-420 (Definitions) for land use definitions.

(2) Development Plan approval may also be required; see Section 35-430.E (Allowable land uses and permit requirements).

(3) Uses limited to those that require a site on or adjacent to the sea to be able to function at all.

(4) The proposed use may be allowed pursuant an approved CUP if the proposal would otherwise satisfy the criteria for a CUP and prohibiting such use would result in a violation of the federal Religious Land Use and Institutionalized Persons Act, 42 U.S.C. §2000cc.

(5) See Section 35-450.D (School development) for specific use regulations.

(6) May also include dwellings for the employees of the owner or lessee of the land engaged in a permitted use of the land on which the dwelling is located.

(7) One-family dwelling may be a mobile home on a permanent foundation, see Section 35-141 (Mobile Homes on Foundations).

(8) Only if single-family dwellings are allowed as a permitted use in an abutting zone district.

(9) See 35-460.E (Agricultural product sales) for specific use regulations.

(10) Limited to the on-site production only; see 35-131 (Agricultural Sales) for specific use regulations.

(11) Detached garages, carports, storage sheds, fences, and swimming pools associated with a residential dwelling may be considered part of the Principal Permitted Use (PPU).

Table 17-2- Continued Allowed Land Uses and Permit Requirements for the Gaviota Coast Plan Area	P Permitted use, Coastal Development Permit required PP Principal Permitted Use; Coastal Permit required (2) MCUP Minor Conditional Use Permit required CUP Major Conditional Use Permit required E Allowed use, No permit required S Permit determined by Specifc Use Regulations — Use Not Allowed	P Permitted use, Coastal Development Permit required PP Principal Permitted Use; Coastal Permit required (2) MCUP Minor Conditional Use Permit required CUP Major Conditional Use Permit required E Allowed use, No permit required S Permit determined by Specifc Use Regulations — Use Not Allowed	P Permitted use, Coastal Development Permit required PP Principal Permitted Use; Coastal Permit required (2) MCUP Minor Conditional Use Permit required CUP Major Conditional Use Permit required E Allowed use, No permit required S Permit determined by Specifc Use Regulations — Use Not Allowed	P Permitted use, Coastal Development Permit required PP Principal Permitted Use; Coastal Permit required (2) MCUP Minor Conditional Use Permit required CUP Major Conditional Use Permit required E Allowed use, No permit required S Permit determined by Specifc Use Regulations — Use Not Allowed	P Permitted use, Coastal Development Permit required PP Principal Permitted Use; Coastal Permit required (2) MCUP Minor Conditional Use Permit required CUP Major Conditional Use Permit required E Allowed use, No permit required S Permit determined by Specifc Use Regulations — Use Not Allowed	P Permitted use, Coastal Development Permit required PP Principal Permitted Use; Coastal Permit required (2) MCUP Minor Conditional Use Permit required CUP Major Conditional Use Permit required E Allowed use, No permit required S Permit determined by Specifc Use Regulations — Use Not Allowed	(2)
LAND USE (1)	PERMIT REQUIRED		BY ZONE				Specifc
	AG-II	M- CD(3)	REC	RES	RR	TC	Use Regulations
SERVICES
Charitable or philanthropic organization	—	—	CUP	—	CUP	—
Large family day care home, serving adults	P	—	P	P	P	—	35-143
Large family day care home, serving children	E (9)	E (9)	E (9)	E (9)	E (9)	E (9)	35-143
Small family day care home, serving adults	E	E	E	E	E	—	35-143
Small family day care home, serving children	E (9)	E (9)	E (9)	E (9)	E (9)	E (9)	35-143
Day care center, accessory to non-dwelling (10)	MCUP	—	—	—	MCUP	—	35-143
Day care center, accessory to dwelling	MCUP	—	—	—	MCUP	—	35-143
Day care center, principal use (10)	MCUP	—	—	—	MCUP	—	35-143
Medical services - Animal hospital	CUP	—	—	—	—	—
Ofce - Accessory	P	P	—	—	—	—
Repair service - Equipment, large appliances, etc. - Indoor	—	CUP	—	—	—	—
Repair service - Equipment, large appliances, etc. - Outdoor	—	CUP	—	—	—	—
TRANSPORTATION, COMMUNICATIONS, INFRASTRUCTURE
Agricultural product transportation facility	CUP	—	—	—	—	—
Airstrip, temporary	CUP	CUP	CUP	CUP	CUP	CUP
Boat launching facility accessory to approved recreation use	—	—	P	—	—	—
Drainage channel, water course, storm drain less than 20,000 sf	P	P	P	P	P	P	Division 8
Drainage channel, water course, storm drain 20,000 sf or more	MCUP	MCUP	MCUP	MCUP	MCUP	MCUP	Division 8
Electrical substation - Minor (4)	MCUP	MCUP	MCUP	MCUP	MCUP	MCUP
Electrical transmission line (5) (6)	CUP	CUP	CUP	CUP	CUP	CUP	Division 8
Flood control project less than 20,000 sf total area	P	P	P	P	P	P	Division 8
Flood control project 20,000 sf or more total area	MCUP	MCUP	MCUP	MCUP	MCUP	MCUP	Division 8
Heliport	CUP	CUP	CUP	CUP	CUP	CUP
Highway and related facilities	—	—	—	—	—	PP
Parking facility, public or private	—	—	—	—	—	PP (7)
---	---	---	---	---	---	---	---
Pier, dock	—	P	P	—	—	—
Pipeline - Oil or gas	P	P	—	—	—	—	Division 9
Public utility facility	—	CUP	—	—	—	—
Public works or private service facility	—	MCUP	—	—	—	—
Railroad	—	—	—	—	—	P
Road, street less than 20,000 sf total area	P	P	P	P	P	PP	Division 8
Road, street 20,000 sf or more total area	MCUP	MCUP	MCUP	MCUP	MCUP	MCUP	Division 8
Roadside rest area operated by a governmental agency	—	—	—	—	—	P
Sea wall, revetment, groin, or other shoreline structure	CUP	CUP	CUP	CUP	CUP	CUP
Telecommunications facility	S	S	S	S	S	S	35-144.F 35-144.G
Transit station or terminal	—	—	—	—	—	P
Truck and freight terminal - Permanent	—	—	—	—	—	P
Truck and freight terminal - Temporary	—	—	—	—	—	MCUP
Utility service line with less than 5 connections (6)	P (8)	P (8)	P (8)	P (8)	P (8)	P (8)	Division 8
Utility service line with 5 or more connections (6)	MCUP	MCUP	MCUP	MCUP	MCUP	MCUP	Division 8
Wind turbine and wind energy system	—	—	—	—	—	—

Key to Zone Symbols

AG-II	Agriculture II
M-CD	Coastal-Dependent Industry
REC	Recreation
RES	Resource Management
RR	Rural Residential
TC	Transportation Corridor

Notes:

(1) See Section 35-58 and Section 35-420 (Definitions) for land use definitions.

(2) Development Plan approval may also be required; see Section 35-430.E (Allowable land uses and permit requirements).

(3) Uses limited to those that require a site on or adjacent to the sea to be able to function at all.

(4) Use is subject to the standards of the PU zone.

(5) Does not include electrical transmission lines outside the jurisdiction of the County.

(6) Not allowed in the CVC overlay.

(7) May include park and ride facilities.

(8) May be considered a Principal Permitted Use (PP) when incidental, appropriate and subordinate to a use designated as the Principal Permitted Use (PP).

(9) 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.

(10) Day care centers serving up to and including fifty (50) children may be permitted with a Coastal Development Permit in compliance with Section 35-169 (Coastal Development Permits).

Table 17-2- Continued Allowed Land Uses and Permit Requirements for the Gaviota Coast Plan Area	P Permitted use, Coastal Development Permit required PP Principal Permitted Use; Coastal Permit required (2) MCUP Minor Conditional Use Permit required CUP Major Conditional Use Permit required E Allowed use, No permit required S Permit determined by Specifc Use Regulations — Use Not Allowed	P Permitted use, Coastal Development Permit required PP Principal Permitted Use; Coastal Permit required (2) MCUP Minor Conditional Use Permit required CUP Major Conditional Use Permit required E Allowed use, No permit required S Permit determined by Specifc Use Regulations — Use Not Allowed	P Permitted use, Coastal Development Permit required PP Principal Permitted Use; Coastal Permit required (2) MCUP Minor Conditional Use Permit required CUP Major Conditional Use Permit required E Allowed use, No permit required S Permit determined by Specifc Use Regulations — Use Not Allowed	P Permitted use, Coastal Development Permit required PP Principal Permitted Use; Coastal Permit required (2) MCUP Minor Conditional Use Permit required CUP Major Conditional Use Permit required E Allowed use, No permit required S Permit determined by Specifc Use Regulations — Use Not Allowed	P Permitted use, Coastal Development Permit required PP Principal Permitted Use; Coastal Permit required (2) MCUP Minor Conditional Use Permit required CUP Major Conditional Use Permit required E Allowed use, No permit required S Permit determined by Specifc Use Regulations — Use Not Allowed	P Permitted use, Coastal Development Permit required PP Principal Permitted Use; Coastal Permit required (2) MCUP Minor Conditional Use Permit required CUP Major Conditional Use Permit required E Allowed use, No permit required S Permit determined by Specifc Use Regulations — Use Not Allowed	(2)
LAND USE (1)	PERMIT REQUIRED		BY ZONE				Specifc Use Regulations
	AG-II	M- CD(3)	REC	RES	RR	TC
WATER SUPPLY & WASTEWATER FACILITIES
Bulk water importation facility	CUP	CUP	—	CUP	CUP	—	Division 8
Desalination facility, less than 15 connections	MCUP	MCUP	—	MCUP	MCUP	—	Division 8
Desalination facility, 15 to less than 200 connections	CUP	CUP	—	CUP	CUP	—	Division 8
Onsite Wastewater Treatment System, individual, alternative	MCUP	MCUP	MCUP	MCUP	MCUP	MCUP	Division 8
Onsite Wastewater Treatment System, individual, conventional	P (4)	P (4)	P (4)	P (4)	P (4)	P (4)	Division 8
Onsite Wastewater Treatment System, individual, supplemental	P	P	P	P	P	P	Division 8
Pipeline - Water, reclaimed water, wastewater, less than 20,000 sf	P	P	P	P	P	P	Division 8
Pipeline - Water, reclaimed water, wastewater, 20,000 sf or more	MCUP	P	MCUP	MCUP	MCUP	MCUP	Division 8
Reservoir, less than 20,000 sf of total development	P	P	P	P	P	P	Division 8
Reservoir, 20,000 sf and more total development	MCUP	MCUP	MCUP	MCUP	MCUP	MCUP	Division 8
Wastewater treatment facility, less than 200 connections	CUP	—	—	CUP	CUP	—	Division 8
Water diversion project	MCUP	MCUP	MCUP	MCUP	MCUP	MCUP	Division 8
Water extraction, commercial, including storage and trucking	—	CUP	—	—	CUP	—	Division 8
Water or sewer system pump or lift station	P	P	P	P	P	P	Division 8
---	---	---	---	---	---	---	---
Water system with 1 connection	P (4)	P (4)	P (4)	P (4)	P (4)	P (4)	Division 8
Water system with 2 or more connections	MCUP	MCUP	MCUP	MCUP	MCUP	MCUP	Division 8
Water well, agricultural	PP	P	—	P	P	—

Key to Zone Symbols

AG-II	Agriculture II
M-CD	Coastal-Dependent Industry
REC	Recreation
RES	Resource Management
RR	Rural Residential
TC	Transportation Corridor

Notes:

(1) See Section 35-58 (Definitions) and Section 35-420 (Definitions) for land use definitions.

(2) Development Plan approval may also be required; see Section 35-430.E (Allowable land uses and permit requirements).

(3) Uses limited to those that require a site on or adjacent to the sea to be able to function at all.

(4) May be considered a Principal Permitted Use (PP) when incidental, appropriate and subordinate to a use designated as the Principal Permitted Use (PP).

(Ord. No. 5168, § 22, 11-29-2022; Ord. No. 5194, § 43, 11-7-2023; Ord. No. 5204, § 34, 2-13-2024)

Section 35-440. - Standards for All Development and Land Uses.

All development and land uses within the Gaviota Coast Plan area shall comply with all the following development standards in addition to all other applicable standards contained in this Article.

Air quality disclosure statement. Prior to the issuance of a Coastal Development Permit in compliance with Section 35-169 (Coastal Development Permits) for residential developments that are located within 500 feet

of Highway 101, a Notice to Property Owner shall be required to be recorded by the property owner that provides an Air Quality Disclosure Statement to potential buyers of the property. The Air Quality Disclosure Statement shall summarize the results of technical studies that reflect a health concern resulting from the exposure of children to air quality emissions generated within 500 feet of Highway 101.

Outdoor lighting.

1.

2.

Applicability. All exterior lighting installed on or after November 7, 2018 within the Gaviota Coast Plan area shall comply with the following requirements.

3.

Application requirements. In addition to the permit application submittal requirements required in Section 35-57A (Application Preparation and Filing), any application for a permit that includes outdoor light fixtures shall include plans showing the location and lumen output of all outdoor light fixtures, both existing and proposed.

4. a.

Provides approximate equivalence to the specific requirements of this Subsection.

b.

Is otherwise satisfactory and complies with the intent of this Subsection.

5.

Prohibited lights and lighting.

a.

All illuminated advertising signs shall be off between 11:00 p.m. and sunrise the following day, except that on-premises signs may be illuminated while the business is open to the public.

b.

All outside illumination for aesthetic and decorative purposes that is not fully shielded (full cutoff) shall be prohibited between 9:00 p.m. and sunrise the following day.

Except for fully shielded (full cut off) lights, lighting associated with an outdoor recreational facility may only be illuminated between 9:00 p.m. and sunrise the following day to complete a specific organized recreational event, in progress and under illumination in conformance with this Subsection.

d.

Mercury vapor lights.

6.

Exemptions. The following are exempt from the provisions of this Subsection.

a.

All outdoor lighting fixtures lawfully installed prior to November 7, 2018 are exempt from the shielding requirements of this Subsection; however, they shall be subject to the remaining requirements of this Subsection, except that fully shielded (full cutoff) lights are not subject to a time restriction.

b.

Fossil fuel lights.

c.

Traffic control signs and devices.

d.

Street lights installed prior to November 7, 2018.

e.

Temporary emergency lighting (e.g., fire, police, public works).

f.

Moving vehicle lights.

g.

Navigation lights (e.g., airports, heliports, radio/television towers).

h.

Seasonal decorations with individual lights in place no longer than 60 days.

Lighting for special events as provided by Subsection 9.a (Temporary exemption), below.

j.

Temporary lighting for agricultural activities of a limited duration, not including unshielded arena lights.

k.

Except as provided below, security lights of any wattage that are controlled by a motion-sensor switch and which do not remain on longer than 12 minutes after activation.

a)

Security lights are required to be fully shielded in order to be exempt in compliance with this Subsection B.6.

l.

Light fixtures shown on building permits that were approved prior to November 7, 2018 are excluded from compliance with this Subsection for the initial installation only.

m.

Solar walkway lights.

7.

General requirements. All non-exempt light fixtures that require a County permit prior to installation shall be subject to the following general requirements:

a.

All outdoor light fixtures installed after November 7, 2018 and thereafter maintained upon private property, public property, or within the public right-of way is fully shielded (full cutoff).

1)

Sign illumination only illuminates the signage and does not spill into adjacent areas.

b.

All replaced or repaired lighting fixtures requiring a permit are subject to the requirements of this Subsection.

c.

Light trespass and glare is reduced to the maximum extent feasible through downward directional lighting methods.

Externally illuminated signs, advertising displays, and building identification use top mounted light fixtures which shine downward and are fully shielded (full cutoff).

e.

Outdoor light fixtures used for outdoor recreational facilities are fully shielded (full cutoff) except when such shielding would cause impairment to the visibility required in the intended recreational activity. In such cases, partially shielded fixtures and downward lighting methods are utilized to limit light pollution, glare, and light trespass to a reasonable level as determined by the Director.

f.

Illumination from recreational facility light fixtures is shielded to minimize glare extending towards roadways where impairment of motorist vision might cause a hazard.

g.

All lighting fixtures shall be installed at the minimum height necessary to achieve the design purpose of the lighting fixture.

h.

All exterior lighting shall be directed away from environmentally sensitive habitat areas.

8. a.

The application shall include:

1)

Plans showing the locations of all outdoor lighting fixtures.

2)

b.

The plans and descriptions required to be submitted with the application shall be sufficiently complete to enable the plan examiner to readily determine whether compliance with the requirements of this Subsection have been met.

Temporary exemption.

a.

The Director may grant a temporary exemption, as defined herein, for such activities including circuses, fairs, carnivals, sporting events, and promotional activities, only if all of the following findings are first made:

1)

The activity for which the lighting is proposed is not intended to extend beyond 30 days.

2)

The proposed lighting is designed in such a manner as to minimize light pollution as much as feasible.

3)

The proposed lighting will comply with the general intent of this Subsection.

b.

The application for a temporary exemption shall at a minimum include all of the following information:

1)

Name and address of applicant and property owner.

2)

Location of proposed fixtures.

3)

Type, wattage, and lumen output of lamp(s).

4)

Type and shielding of proposed fixtures.

5)

Intended use of lighting.

6)

Duration of time for requested exemption.

7)

The nature of the exemption.

Such other information as the Department may request.

C.

Agricultural resources and prime agricultural soils.

1.

Development that is not a component of the agricultural principal permitted use shall be permitted in compliance with Gaviota Coast Plan Development Standard AG-1 (Coastal).

2.

Agricultural structural development and structures that are a component of the agricultural principal permitted use, including agricultural facilities, primary single-family dwellings, or greenhouses that do not rely on in-ground cultivation, within the agricultural zones shall be sited to avoid prime agricultural soils and non-prime land suitable for agriculture to the maximum extent feasible in compliance with Gaviota Coast Plan Development Standard AG-1.A (Coastal).

3.

In order to retain the maximum amount of land in agricultural production or available for future agricultural production, agricultural accessory structures, agricultural product processing and sales facilities, and residential structures (such as a primary residential dwelling, accessory dwelling units, guesthouse, cabana/pool house, artist studio, incentive dwelling unit, agricultural employee housing, and farmworker dwelling or housing complex) shall be clustered to the maximum extent feasible and their footprints shall be minimized, consistent with all applicable policies and provisions of the Local Coastal Program.

D.

Signs and advertising structures.

1.

Signs and advertising structures that are accessory to a use allowed in the AG-II zone may be allowed in compliance with Section 35-138 (Signs and Advertising Structures).

2.

Signs are development that require the issuance of a Coastal Development Permit in compliance with Section 35-169 (Coastal Development Permits) except where exempt in compliance with Section 35-430.D (Exempt activities and structures).

a.

A sign that is incidental, appropriate and subordinate to a use designated as a Principal Permitted Use shall be also be considered a Principal Permitted Use.

If the issuance of a Coastal Development Permit in compliance Section 35-169 (Coastal Development Permits) is required then a Sign Certificate of Conformance shall not be required in addition to the Coastal Development Permit.

E.

Natural resources and environmentally sensitive habitat (ESH). If conflicts occur between these requirements and any other provisions of the County Code, the Local Coastal Program, the primary zone, and any applicable overlay district, the requirements that are most protective of coastal resources shall control.

1.

Non-resource dependent development shall avoid ESH. If avoidance is infeasible and would preclude reasonable use of a parcel, then the alternative that would result in the fewest or least significant impacts shall be selected and findings shall be made pursuant to Section 35-415 (Supplemental Findings for Approval of Coastal Development Permit to Provide a Reasonable Use).

2.

Non-resource dependent development shall be located a minimum of 50 feet from Monarch butterfly tree ESH and 100 feet from all other ESH, including, but not limited to:

a)

Native Forests and Woodlands including, but not limited to: madrone forest, tanoak forest, black cottonwood forest, Bishop pine forest, California sycamore woodlands, coast live oak woodland, Valley oak, red willow thickets, and California bay forest

b)

Native Chaparral and Coastal Scrub Habitats that are part of a large, contiguous area of native habitat, or rare Native Chaparral, Coastal Bluff Scrub, and Coastal Scrub Habitats, including, but not limited to: Burton Mesa shrubland chaparral, central maritime chaparral, wart leaf Ceanothus chaparral, giant Coreopsis scrub, bush monkeyflower scrub, California brittle bush scrub, sawtooth goldenbush scrub, silver dune lupine-mock heather scrub, lemonade berry scrub, and white sage scrub

c)

Native Grassland and rare herbaceous vegetation, including, but not limited to: Dune mats, Western rush marshes, meadow barley patches, giant wildrye grassland, creeping ryegrass turfs, foothill needlegrass grasslands, purple needlegrass grasslands

d)

Creeks, Streams, and Coastal Wetlands, including, but not limited to: estuarine, riverine, riparian habitats, and vernal pools

Marine mammal haulouts

f)

Raptor nesting, roosting, and breeding areas and white-tailed kite foraging areas

g)

Special status species habitats

3.

The 100 ft. setback may be adjusted upward on a case-by-case basis given site specific evidence provided by a biological report prepared by a qualified biologist (e.g., a larger buffer may be required in order to fully protect formally listed Endangered Species, such as California red-legged frog) or when necessary to accommodate expected future migration of the shoreline and/or wetlands caused by sea level rise over the anticipated life of the proposed development. Where adjusted upward, as necessary to prevent significant disruption of habitat values, the required minimum buffer shall not preclude reasonable use of a parcel consistent with applicable law. Adjustment of a stream or riparian ESH buffer shall be based on an investigation of the following factors and, after consultation with the Department of Fish and Wildlife and Regional Water Quality Control Board. All buffers shall be sufficient to protect the biological productivity and water quality of streams, to avoid significant disruption of habitat values, and to be compatible with the continuance of the habitat area:

Existing vegetation, soil types and stability of stream and riparian corridors;
How surface water filters into the ground;
Slope of the land on either side of the stream;
Location of the 100 year flood plain boundary; and
Consistency with adopted Gaviota Coast Plan and Coastal Land Use Plan policies.

In all cases listed above, buffers may be adjusted downward only to avoid precluding reasonable use of property.

Legally existing development at El Capitan Canyon Campground may be maintained, repaired, replaced, and/or reconfigured provided that it does not result in a decrease in a buffer established under the existing Conditional Use Permit.

4.

Development shall preserve natural features, landforms and native vegetation such as trees to the maximum extent feasible.

F.

Visual resources. Development shall be compatible with the character of the surrounding natural environment, subordinate in appearance to natural landforms, and sited so that it does not intrude into the

skyline as seen from public viewing places. At a minimum, the development shall comply with the following design standards. Building materials and colors (earth tones and non-reflective paints) shall be compatible with the surrounding natural environment and used to maximize the visual compatibility of the development with surrounding areas.

(Ord. No. 5194, § 44, 11-7-2023)

Section 35-450. - Standards for Specific Land Uses.

A.

Agriculture. Agricultural cultivation, such as the installation of new areas of cultivated agriculture, orchards or vineyards, located on slopes of 30 percent or greater on agriculturally zoned lands shall adhere to the best management practices in the Steep Slope Guidelines, Gaviota Coast Plan Appendix D, to ensure slope stabilization, soil conservation, and water quality control.

B.

Animal keeping.

1.

Purpose and intent. This Subsection identifies the locations, types, and numbers of animals that may be kept, and the methods by which animals shall be kept, raised and maintained, under the circumstances specified. The intent of this Subsection is to ensure that animal keeping does not create an adverse impact on adjacent properties (e.g., dust, fumes, insect infestations, noise, odor, pollution of streams, creeks and wetlands due to soil erosion and sedimentation, propagation of flies and other disease vectors, visual blight) by providing standards for maintaining animals.

2.

Applicability. This Subsection applies to any keeping of animals as either an accessory and incidental use or principal use, except for animal clinics, animal hospitals and veterinarian offices. This Subsection shall not apply to animals that are less than six months in age.

3.

In general.

a.

Animal keeping uses shall comply with the standards in Subsection B.6 (Specific animal keeping standards), below, and other applicable standards and requirements of this Article.

b.

Animal keeping activities are subject to the requirements of this Subsection regardless of whether a permit is required.

Additional permits may be required by other provisions of this Article for structures used to enclose or house animals. Confined animal facilities require a Coastal Development Permit in compliance with Section 35-169 (Coastal Development Permits) unless otherwise exempt in compliance with Section 35-51B (Exemptions from Planning Permit Requirements) or 35-430.D (Exempt activities and structures). Confined animal facilities that are incidental, appropriate and subordinate to animal keeping designated as a Principal Permitted Use are also considered a Principal Permitted Use.

d.

Certain animal keeping activities may also be subject to the permit requirements of County departments other than the Department in compliance with the County Code.

4.

Types of animals, permit requirements, maximum numbers, and minimum site areas for animal keeping. Table 17-3 (Animal Keeping in the Gaviota Coast Plan Area) identifies the type of animal or animal keeping activity allowed in each zone, the permit requirements, the maximum allowable number of animals per lot, and the minimum required site area. Where the last column in a table ("Additional Regulations") includes a Section number, the referenced Section may establish other requirements and standards applicable to the animal keeping activity. In cases where confined animal facilities have been legally established for a given animal-keeping activity, a Coastal Development Permit is not required for replacement of animals or the addition of animals provided that the total amount of animals does not exceed the maximum number allowed on the lot on which the animal keeping occurs in compliance with Table 17-3 . The establishment of new or additional confined animal facilities requires a Coastal Development Permit.

5.

Use of property for animals different in species or greater in number. A lot may be used for the keeping of animals that are of a different species than those identified, or where the number of animals is greater than that specified, in Table 17-3 (Animal Keeping in the Gaviota Coast Plan Area) in compliance with a Minor Conditional Use Permit approved in compliance with Section 35-172 (Conditional Use Permits).

6.

Specific animal keeping standards. The following requirements apply to the keeping of animals identified in Subsection B.4 (Types of animals, permit requirements, maximum numbers, and minimum site areas for animal keeping) above, in addition to other applicable standards of this Section and this Article.

a.

Household pets. Where allowed in Table 17-3 (Animal Keeping in the Gaviota Coast Plan Area), household pets shall be kept in compliance with the following standards. The restrictions contained in this Subsection B.6.a shall not apply if an animal may be kept in compliance with a different "Type of Animal or Animal Keeping Activity" listed in Table 17-3 (Animal Keeping in the Gaviota Coast Plan Area) for the applicable zone.

The keeping of household pets shall be accessory to a residential use of a dwelling located on the lot where the animal keeping occurs.

2)

No more than three dogs permitted on a single lot.

3)

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

4)

The keeping of such animals shall not be 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 Public Health Department.

5)

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

6.

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

b.

Special standards and requirements for animal keeping in the RES zone. In the RES zone, except for agricultural grazing, animal keeping shall be accessory to a residential use of a dwelling located on the lot where the animal keeping occurs and shall be limited to non-commercial uses only.

c.

Special standards and requirements for animal keeping in the RR zones. In the RR zone, animal keeping shall also comply with the following:

1)

Animal enclosures for large animals.

a)

No stable, barn or other enclosure for large animal (e.g., paddock, corral) shall be located on a single lot having a gross area of less than 20,000 square feet.

b)

No portion of a stable, barn or other large animal enclosure shall be located closer than:

i)

40 feet to any dwelling located on another lot.

ii)

70 feet to any street centerline and 20 feet to any street right-of-way.

iii)

15 feet from the rear property line.

iv)

10 feet from the side property lines.

v)

10 feet from the property lines of an interior lot.

2)

Limitation on dogs. No more than three dogs shall be allowed on a lot unless a Major Conditional Use Permit for a commercial kennel, or a Minor Conditional Use Permit for a non-commercial kennel, is first obtained in compliance with Section 35-172 (Conditional Use Permits).

3)

Small non-hoofed animals. Small non-hoofed animals (e.g., bees, chickens, birds, ducks, rabbits) may be allowed provided that:

a)

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 Public Health Department.

b)

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

c)

No rooster or peacock shall be kept or raised in a residential zone except on a lot of one acre (gross) or more where all adjoining lots are of equivalent size or larger.

4)

Odor and vector control. Animal enclosures shall be maintained free from litter, garbage and the accumulation of manure, in order to discourage the proliferation of flies, other disease vectors, and offensive odors. Sites shall be maintained in a neat and sanitary manner.

Storage and disposal of animal waste. Animal waste shall be removed and disposed of or stored in a manner that prevents unsanitary conditions and breeding of flies. Manure shall not be allowed to accumulate so as to cause as hazard to the health, welfare, or safety of humans and animals, or to contaminate surface or subsurface water quality.

6)

Erosion and sedimentation control. In no case shall an animal keeping operation be managed or maintained so as to produce sedimentation on any public road, adjoining property, or in any drainage channel. In the event such sedimentation occurs, the keeping of animals outdoors on the site shall be deemed a nuisance and may be subject to abatement in compliance with Chapter 35-185 (Enforcement, Legal Procedures, and Penalties).

7)

Drainage. Where livestock are kept in enclosed corrals or barns, provisions shall be made for proper drainage and control of runoff to prevent stagnant, standing water, or the flow of contaminated water in surface or subsurface water supplies.

d.

Wildlife species rehabilitation. The rehabilitation of wildlife species that commonly occur within Santa Barbara County shall be in compliance with Section 35-144H (Wildlife Species Rehabilitation).

7.

Multiple animal types. More than one species of animals allowed in compliance with Subsection B.4 may be kept on a single lot provided that:

a.

The requirements of Subsections B.4 (Types of animals, permit requirements, maximum numbers, and minimum site areas for animal keeping) and B.5 (Use of property for animals different in species or greater in number) and all other applicable provisions of this Subsection B (Animal keeping) are satisfied for each species.

b.

Where multiple proposed animal species have equivalent animal density requirements (maximum number of animals per lot) established by Subsection B.4 (Types of animals, permit requirements, maximum numbers, and minimum site areas for animal keeping), the total number of animals shall not exceed the density requirement (e.g., in the RR zone, cattle and horses are both limited to a density of one animal per 20,000 square feet of lot area. A lot with two acres could have as many as four horses or cows, or any combination of horses and cows, as long as the total did not exceed four.)

s, maximum numbers, and minimum site areas for animal keeping), the total number of animals shall not exceed the density requirement (e.g., in the RR zone, cattle and horses are both limited to a density of one animal per 20,000 square feet of lot area. A lot with two acres could have as many as four horses or cows, or any combination of horses and cows, as long as the total did not exceed four.)

Table 17-3 Animal Keeping in the Gaviota Coast Plan Area	E Allowed use, no permit required (Exempt) (1) P Permitted use, Coastal Development Permit required PP Principal Permitted Use; Coastal Permit required MCUP Minor Conditional Use Permit required CUP Major Conditional Use Permit required

---	---
Type of Animal or Animal Keeping Activity	Permit Requirement by Zone
Cattle, not involving a commercial livestock feed or sales yard, or dairy; horses and mules; llamas and alpacas; ostriches, not including a commercial livestock feed or sales yard	AG-II
	M-CD
	REC
	RES
	RR
	TC
Commercial boarding and raising of animals for members of the public	AG-II
	M-CD
	REC
	RES
	RR
	TC
Dairy	AG-II
	M-CD
	REC
	RES
	RR
	TC
Dogs (3)(4)	AG-II
	M-CD
	REC
	RES
	RR
	TC
Goats and sheep (3)	AG-II
	M-CD
	REC
	RES
	RR
	TC
Hogs and swine (3)	AG-II
	M-CD
	REC
	RES
	RR
---	---
	TC
Hog ranch (3)	AG-II
	M-CD
	REC
	RES
	RR
	TC

Notes:

(1) Exempt only when in compliance with Section 35-51B (Exemptions from Planning Permit Requirements) and Section 35-430.D (Exempt activities and structures).

(2) See Section 35-450.B.7 (Multiple animal types).

(3) Does not include commercial boarding or raising of animals where such services are offered to members of the public.

(4) Does not include dogs that qualify as household pets in compliance with Section 35-450.B.6.a.

Table 17-3 - Continued Animal Keeping in the Gaviota Coast Plan Area	Table 17-3 - Continued Animal Keeping in the Gaviota Coast Plan Area	E Allowed use, no permit required (Exempt) (1) P Permitted use, Coastal Development Permit required PP Principal Permitted Use; Coastal Permit required MCUP Minor Conditional Use Permit required CUP Major Conditional Use Permit required S Permit requirement set by Specifc Use Regulations — Use Not Allowed	E Allowed use, no permit required (Exempt) (1) P Permitted use, Coastal Development Permit required PP Principal Permitted Use; Coastal Permit required MCUP Minor Conditional Use Permit required CUP Major Conditional Use Permit required S Permit requirement set by Specifc Use Regulations — Use Not Allowed	E Allowed use, no permit required (Exempt) (1) P Permitted use, Coastal Development Permit required PP Principal Permitted Use; Coastal Permit required MCUP Minor Conditional Use Permit required CUP Major Conditional Use Permit required S Permit requirement set by Specifc Use Regulations — Use Not Allowed
Type of Animal or Animal Keeping Activity	Permit Requirement by Zone		Maximum Number of Animals per Lot (2)	Additional Regulations
Household pets	AG-II	E
	M-CD	E
	REC	E	35-450.B.6.a)	35-450.B.6.a
	RES	E
	RR	E
	TC	—
Kennel, commercial	AG-II	P	None
	M-CD	—
	REC	—
	RES	—
	RR	CUP	None	35-450.B.6.c
	TC	—
Kennel, non commercial (3)	AG-II	P	None
---	---	---	---	---
	M-CD	—
	REC	—
	RES	P	None	35-450.B.6.b
	RR	MCUP	None	35-450.B.6.c
	TC	—
Small non-hoofed animals, including bees, birds, fowl and poultry, rabbits (3)	AG-II	PP	None
	M-CD	—
	REC	—
	RES	P	None	35-450.B.6.b
	RR	P	None	35-450.B.6.c
	TC	—
Wildlife species rehabilitation	AG-II	P
	M-CD	P
	REC	P	None	35-144H
	RES	P
	RR	P
	TC	P

Notes:

(1) Exempt only when in compliance with Section 35-51B (Exemptions from Planning Permit Requirements) and Section 35-430.D (Exempt activities and structures).

(2) See Section 35-450.B.7 (Multiple animal types).

(3) Does not include commercial boarding or raising of animals where such services are offered to members of the public.

C.

Rural recreation. The following standards shall apply to rural recreation land uses allowed in compliance with Section 35-460.J (Rural recreation) in addition to any other applicable standards contained in this Article.

Allowed rural recreation uses by zone.

Within the AG-II, REC and RES zone the following rural recreational uses may allowed in compliance with Section 35-430.E (Allowable land uses and permit requirements):

AG-II. Those uses allowed in compliance with Section 35-460.J (Rural recreation).

2)

REC. Outdoor public and/or private recreational uses, e.g., campgrounds, parks, trails, recreational vehicle accommodations, which may include structures and facilities that are required to support the allowed recreational uses, including:

Boat launching facilities.

Corrals and stables.

Lifeguard and ranger stations.

Limited concession facilities.

Parking areas.

3)

RES. Low intensity recreational uses that include the following provided that recreational vehicle accommodations are not provided:

Campgrounds and trails with minimum facilities including summer camps.

Dude ranches.

Specific to the Vista del Mar School District, this allows the development of new school facilities on property known as Assessor's Parcel Nos. 081-130-058 and 081-130-059 that are owned by the school district prior to November 18, 2010.

2.

Lawful, existing school facilities are considered to be conforming development and are not subject to the restrictions of Division 10 (Nonconforming Structures and Uses).

3.

Within this Subsection D (School development in the AG-II zone), adjacent includes lots that are separated by a street that is not a freeway or highway or the frontage road of a freeway or highway.

Section 35-460 - Permit Requirements and Development Standards for Specific Land Uses in the AG-II Zone.

A.

Purpose and intent. This Section determines the type of planning permit required for the specific land uses listed below, and provides development standards and structure size limitations related to the intensity of the land use. The intent is to provide for flexibility in the development of uses that are individually and cumulatively accessory to, supportive of, and subordinate to the primary agricultural use of the property while promoting orderly development of these uses within the Gaviota Coast Plan area, and to ensure their compatibility with surrounding land uses in order to protect the public health and safety, and prevent impacts to natural, cultural, and visual resources. The cumulative uses on any premises shall be incidental and subordinate to the agriculture activity located on the premises.

B.

Applicability. The requirements of this Section 35-460 (Permit Requirements and Development Standards for Specific Uses in the AG-II Zone) apply to applications for development of land uses that are proposed to be located on property zoned Agricultural II (AG-II) within the Gaviota Coast Plan area.

C.

Agricultural employee and farmworker housing. Additional dwellings providing housing for agricultural employees may be allowed in compliance with Section 35-144R (Agricultural Employee Dwellings) and Section 35-144P (Farmworker Housing).

D.

Agricultural processing facilities. The processing of agricultural and horticultural products as provided below may be allowed in compliance with the following permit requirements and development standards.

1.

Cleaning, freezing, packing, storage, and sorting facilities. Facilities for the cleaning, freezing, packing storage, and sorting of agricultural and horticultural products (other than animals) grown off the premises preparatory to wholesale or retail sale and/or shipment in their natural form may be allowed as a nonPrincipal Permitted Use in compliance with a Major Conditional Use Permit approved in compliance with Section 35-172 (Conditional Use Permits) provided the facility complies the following development standards:

a.

The facility shall be accessory to and supportive of the primary agricultural operation 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 products are determined by the Commission to be similar to products grown on the premises where the facility is located or on other local agricultural lands.

d.

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

e.

The operation will not have a significant adverse impact on the long-term productive agricultural capability or natural resources of the subject lot(s) or adjacent lot(s).

2.

Product preparation. Agricultural and horticultural product preparation includes drying, freezing, precooling, packaging, and milling of flour, feed, and grain.

A Product preparation operation may be considered a component of the Principal Permitted Use and may be allowed in compliance with a Coastal Development Permit issued in compliance with Section 35-169 (Coastal Development Permits) provided the operation complies with the following development standards.

1)

All of the agricultural and horticultural products used in the operation originate within San Luis Obispo, Santa Barbara and Ventura counties.

2)

Agricultural and horticultural products used in the operation that do not originate from the premises are limited to no more than 49 percent of the total volume of products prepared on the premises on which the operation is located.

3)

The lot on which the operation occurs is planted with the agricultural or horticultural product used in the operation prior to the commencement of any preparation allowed in compliance with this Subsection D.2 (Product preparation).

4)

The preparation facility and any facilities devoted to ancillary activities such as wholesale sales and marketing, and parking, are limited to one percent of the gross area of the premises, or one acre, whichever is less.

5)

Any new structure proposed as part of the operation is less than 3,000 square feet in net floor area.

6)

The operation will not have a significant adverse impact on the long-term productive agricultural capability or natural resources of the subject lot(s) or adjacent lot(s).

7)

The operation is in compliance Section 35-102G (CVC - Critical Viewshed Corridor Overlay District), if applicable.

b.

A Product preparation operation that may not be allowed in compliance with Subsections D.2.a, above, may be allowed as a non-Principal Permitted Use in compliance with a Major Conditional Use Permit approved in compliance with Section 35-172 (Conditional Use Permits) provided the following additional findings are first made:

The operation will not result in significant adverse impacts to visual resources, natural resources, or the agricultural lands on and adjacent to the subject lot(s).

2)

The operation will not include a new at-grade crossing of Highway 101.

3.

Small-scale processing (beyond the raw state).

a.

A Small scale processing operation may be considered a component of the Principal Permitted Use and may be allowed in compliance with a Coastal Development Permit issued in compliance with Section 35169 (Coastal Development Permits) provided the operation complies with the following development standards:

1)

The activity is incidental to agricultural operations located on the same lot.

2)

All of the agricultural and horticultural products used in the operation originate within San Luis Obispo, Santa Barbara and Ventura counties.

3)

i)

This may also include the incidental sale of garden and landscape materials and equipment provided the area devoted to such sales is limited to a single contiguous area that does not exceed 300 square feet in

area. Inventory storage may occur in a separate area that is not included with the 300 square feet provided the area is neither visible nor accessible to the public.

d)

Nonpotentially hazardous prepackaged food products. The sale of nonpotentially hazardous prepackaged food products, including bottled water and soft drinks, produced off-site provided:

i)

The area devoted to the sale and inventory storage of such products is restricted to a single contiguous area that does not exceed 50 square feet in area.

ii)

All products comply with the requirements of Section 47050 of the State Food and Agricultural Code and Section 114375 of the State Health and Safety Code.

e)

Vegetative holiday sales products. Sales of vegetative holiday sales products (e.g., pumpkins, Christmas trees) grown off-site provided the area to which the public has access is limited to 10,000 square feet.

3)

Lighting. Exterior lighting fixtures associated with an agricultural sales area shall be:

a)

Designed to be low glare and low intensity.

b)

Shielded with full cut-off design and directed downward so that neither the lamp nor the related reflector interior surface is visible from any location off of the project site in order to prevent spill over onto adjacent lots under separate ownership.

c)

Installed and operated in a manner that will not cast light, either reflected or directly, in an upward direction.

d)

In compliance with Section 35-440.B.

4)

Parking.

Except as provided in Subsection E.1.a.4)b), below:

i)

Parking areas are constructed with an all-weather surface consisting of a minimum of crushed rock, asphalt, chip seal, concrete, brick, or other masonry paving units or equivalent surface including pervious materials.

ii)

The use of any non-permeable surface materials (e.g., as asphalt, concrete, or chip seal) is restricted to the minimum necessary to comply with the disabled access requirements of Title 24 of the California Code of Regulations as applicable.

b)

Parking areas associated with short-term, seasonal sales may be unimproved; however, dust generation shall not be allowed to become a nuisance and shall be kept to a minimum through the periodic wetting of the surface.

c)

Parking areas shall comply with the applicable disabled access requirements of Title 24 of the California Code of Regulations.

d)

Parking is not located within any adjacent road rights-of-way or trail easements.

5)

Structures.

a)

If a structure is proposed as part of the operation, then the operation shall be conducted either within:

i)

An existing agricultural structure, or

ii)

A separate stand that is less than or equal to 800 square feet of gross floor area and located no closer than 20 feet to the right-of-way line of any street.

b)

A structure that is not used as part of the farmstand operation for a period of 12 months shall be removed within the three month period immediately following the 12 months of non-use unless the use of the structure is accessory to another allowed use of the lot on which the structure is located.

c.

A Development Plan approved by the Director in compliance with Section 35-174 (Development Plans) is required for the sales of ornamental trees, shrubs and plants, grown in containers, including incidental sale of garden and landscape materials and equipment, and including retail sales directly to members of the public provided the area to which the public has access is greater than 10,000 square feet.

F.

Aquaculture.

1.

Purpose and applicability. This Section provides standards for aquaculture facilities located in the Gaviota Coast Plan area.

2.

Development and operating standards.

a.

Aquaculture facilities shall be sited and designed to be compatible with the natural surroundings.

b.

Structures shall be well screened and depressed below grade when feasible to minimize impacts on coastal visual resources.

c.

Intake and outfall lines for ocean water shall be located underground unless determined by the decisionmaker to be infeasible for a particular operation.

d.

Adequate provisions for lateral beach access shall be required if above ground channels or pipes are necessary.

G.

Composting.

1.

A composting operation may be considered a component of the Principal Permitted Use and be allowed in compliance with a Coastal Development Permit issued in compliance with Section 35-169 (Coastal Development Permits) provided the operation complies with the following development standards.

All of the feedstock for the operation originates from within Santa Barbara County.

b.

No new structure(s) that would require a planning permit or new water or wastewater permit issued by the County are proposed.

c.

There is no more than 500 cubic yards of compost on-site at any one time.

d.

No more than 1,000 cubic yards of compost sold or given away annually.

e.

The feedstock material may also include up to 10 percent food matter.

f.

Compost piles do not exceed 12 feet in height.

g.

The operator of the operation shall maintain and follow an odor abatement plan in compliance with Santa Barbara County Air Pollution Control District recommendations.

h.

The operation is in compliance Section 35-102G. (CVC - Critical Viewshed Corridor Overlay District), if applicable.

i.

The operation shall be located a minimum of 200 feet from any adjacent lot and 300 feet from any dwelling located on an adjacent lot.

1)

The applicable setback does not apply if the adjacent lot is under the same ownership as the lot that the operation is located on.

2)

The operation shall be considered to comply with these setback requirements, and shall not be considered nonconforming, if, after the operation commences production, a dwelling is constructed on an adjacent lot that is not under the same ownership as the lot that the operation is located on and the location of the dwelling is within the setback distance specified above.

A composting operation that may not be allowed in compliance with Subsection G.1, above, may be allowed as a non-Principal Permitted Use in compliance with a Minor Conditional Use Permit approved in compliance with Section 35-172 (Conditional Use Permits) provided:

a.

Development standards. The operation complies with the following development standards:

1)

Applicable State law. The facility shall at all times comply with the applicable requirements of California Code of Regulations, Title 14, Division 7.

2)

Structure for sale of composting product. If a structure is required for the sale of a product, the sale is conducted either within an existing accessory structure or from a single, separate stand not to exceed 600 square feet of sales and storage area.

3)

Parking. A minimum of two permanently maintained parking spaces are:

a)

Located on the lot where the composting operation occurs.

b)

Not located within 20 feet of the right-of-way line of any street.

4)

Permit requirements. All other permits required by County Departments for a facility, except those permits required by the Division of Building and Safety, shall be obtained before issuance of a Land Use Permit in compliance with Section 35-178 (Land Use Permits) or issuance of a Zoning Clearance in compliance with Section 35-179A (Zoning Clearances) as applicable.

5)

Reporting requirements. Tonnage reports showing the amount of materials used in the composting operation shall be provided to the Department of Public Works, Solid Waste Division, and the Public Health Department, Environmental Health Services Division, on a quarterly basis.

b.

Additional findings. Prior to the approval of a Minor Conditional Use Permit approved in compliance with Section 35-172 (Conditional Use Permits) the following additional findings are first made:

The operation will not result in significant adverse impacts to visual resources, natural resources, or the agricultural lands on and adjacent to the subject lot(s).

2)

The operation will not include a new at-grade crossing of Highway 101.

H.

Firewood processing and sales.

1.

A Firewood processing and sales operation may be allowed as a non-Principal Permitted Use with a Coastal Development Permit issued in compliance with Section 35-169.4.2 (Coastal Development Permits for development that is appealable to the Coastal Commission) provided the operation complies with the following development standards.

a.

Firewood from offsite sources shall be limited to no more than 49 percent of the total volume of firewood processed on the facility premises.

b.

The premises where the operation occurs is planted with the source product prior to the commencement of any processing allowed in compliance within this Subsection H (Firewood processing and sales).

c.

d.

Firewood processing and sales operations shall be in compliance with Section 35-97 (Environmentally Sensitive Habitat Overlay District) and Section 35-140 (Tree Removal) and shall not remove existing native trees pursuant to Policy NS-12 of the Gaviota Coast Plan, other than planted trees in compliance with Subsection H.1.b above.

e.

The operation does not propose the construction of any new structure(s) or any additions to existing structures that would require a planning permit or new water or wastewater permit.

f.

b.

The operation will not include a new at-grade crossing of Highway 101.

c.

J.

b)

Is beneficial and inherently related to the farm or ranch operation, and

Is in character with the rural setting.

6)

The operation will not have significant adverse impacts on the long-term productive agricultural capability or natural resources of the subject lot or adjacent lot(s).

7)

No sign(s) located on the premises on which the Farmstay operation is located shall advertise or otherwise identify the existence of the Farmstay operation.

b.

A Farmstay operation that may not be allowed in compliance with Subsection J.2.a, above, above, may be allowed as a non-Principal Permitted Use in compliance with a Major Conditional Use Permit approved in compliance with Section 35-172 (Conditional Use Permits) provided the following additional findings are first made:

1)

The operation is in character with the rural setting and will not result in significant adverse impacts to visual resources, natural resources, or the agricultural lands on or adjacent to the subject lot.

2)

The operation will not include a new at-grade crossing of Highway 101.

3)

The operation will not be housed in an accessory dwelling unit or junior accessory dwelling unit.

3.

Fishing operation.

a.

A fishing operation may be allowed as a non-Principal Permitted Use with a Coastal Development Permit issued in compliance with Section 35-169.4.2 (Coastal Development Permits for development that is appealable to the Coastal Commission) provided the operation complies with the following development standards:

1)

The operation is limited to 20 participants daily.

The floor area (gross) of any new structure is less than 600 square feet.

3)

The operation will not have significant adverse impacts on the long-term productive agricultural capability or natural resources of the subject lot(s) or adjacent lot(s).

4)

The fishing will occur within an existing permitted or legal nonconforming artificial pond or reservoir.

b.

A fishing operation that may not be allowed in compliance with Subsections J.3.a, above, may be allowed as a non-Principal Permitted Use with a Major Conditional Use Permit approved in compliance with Section 35-172 (Conditional Use Permits) provided the following additional findings are first made:

1)

The operation is in character with the rural setting and will not result in significant adverse impacts to visual resources, natural resources, and the agricultural lands on or adjacent to the subject lot(s).

2)

The operation will not include a new at-grade crossing of Highway 101.

4.

Horseback riding.

a.

A horseback riding operation may be allowed as a non-Principal Permitted Use with a Coastal Development Permit issued in compliance with Section 35-169.4.2 (Coastal Development Permits for development that is appealable to the Coastal Commission) provided the operation complies with the following development standards:

1)

The operation is limited to 20 participants daily.

2)

The floor area (gross) of any new structure associated with the operation is less than 1,200 square feet.

3)

The operation will not have significant adverse impacts on the long-term productive agricultural capability or natural resources of the subject lot(s) or adjacent lot(s).

b.

A horseback riding operation that may not be allowed in compliance with Subsections J.4.a., above, may be allowed as a non-Principal Permitted Use in compliance with a Major Conditional Use Permit approved in compliance with Section 35-172 (Conditional Use Permits) provided the following additional findings are first made:

1)

2)

The operation will not include a new at-grade crossing of Highway 101.

5.

Other-low intensity recreational development. In addition to recreation uses allowed in compliance with Subsections J.1 through J.4, above, low-intensity recreational development such as public riding stables, recreational camps, and retreats may be allowed as non-Principal Permitted Use in compliance with a Major Conditional Use Permit approved in compliance with Section 35-172 (Conditional Use Permits) provided the operation complies with the following development standards:

a.

The activity is in character with the rural setting.

b.

The activity does not interfere with agricultural production on or adjacent to the lot on which it is located.

c.

The activity does not include commercial facilities open to the general public who are not using the recreational facility.

d.

The activity does not require an expansion of urban services which will increase pressure for conversion of the affected agricultural lands.

e.

The activity will not result in significant adverse impacts to visual or natural resources.

L.

Wineries. Wineries, including processing, distribution, and sale of wine grapes and wine grape products grown off the premises that comply with all of the following standards may be allowed as a non-Principal Permitted Use subject to the approval of a Major Conditional Use Permit in compliance with Section 35172 (Conditional Use Permits).

a.

The winery is located on premises used for vineyard purposes.

b.

The winery is operated in connection with the processing of wine grapes grown on the premises.

c.

Retail sales of wine grape products shall be limited to those processed on the premises.

(Ord. No. 5194, § 45, 11-7-2023)

Section 35-470 - Gaviota Coast Plan Area Land Use Incentive Program.

A.

Purpose and intent. The purpose of the Gaviota Coast Plan area land use incentive program is to allow landowners within the Gaviota Coast Plan area on property zoned AG-II to develop additional dwelling units (i.e., incentive dwelling units) in exchange for taking actions that provide a demonstrated public benefit such as the provision of public trails. The intent is to implement the policies and development standards of Gaviota Coast Plan that seek to, through voluntary landowner action, provide a greater level of protection and enhancement of natural resources, support agricultural viability, and increase public access, throughout the Plan area while preserving the existing rural character of the Gaviota Coast.

B.

Applicability. The provisions of this Section 35-470 (Gaviota Coast Plan Area Land Use Incentive Program) only apply to property zoned AG-II and located within the Gaviota Coast Plan area.

C.

Allowable density. Accessory residential units shall not count toward the allowable density for purposes of determining consistency with the Coastal Land Use Plan and this Article.

D.

Actions and eligible incentives. Table 17-4 (Actions and Eligible Incentives), below, describes the voluntary actions a landowner may take and the benefits that may be derived from taking those actions, i.e., the issuance of a permit(s) for an incentive dwelling unit.

Table 17-4- Actions and Eligible Incentives

Category	Land Owner Action	Eligible Incentive
1	Grant trail easement to County for the Coastal Trail primary route alignment shown on the Gaviota Coast Plan Parks, Recreation and Trails Map	1 attached or detached incentive dwelling unit & 1 attached incentive dwelling unit
2	Grant trail easement to County for trails shown on the Gaviota Coast Plan Parks, Recreation and Trails Map other than the Coastal Trail primary route	1 attached or detached incentive dwelling unit

alignment

1.

Grant of trail easements shall comply with the following:

a.

The easement shall be for the entire length of the planned trail that is located on the premises on which the accessory residential unit is proposed to be located.

b.

Prior to the issuance of a Coastal Development Permit in compliance with Section 35-169 (Coastal Development Permit) for an incentive dwelling unit that may be allowed the landowner shall execute and record a document granting to the County of Santa Barbara, on behalf of the people of the State of California, the trail easement for public access that is 25 feet in width (unless a different width is warranted due to site constraints) along the length of the trail alignment on the landowner's premises.

1)

The recorded document shall include, at a minimum, a description of the purpose of the easement and a legal description and a map drawn to scale of both the landowner's entire premises and the easement area. The recorded document shall provide that the terms and conditions of the permit do not authorize any interference with prescriptive rights in the area subject to the easement, and that any development or obstruction in the trail easement area is prohibited (except for trail construction-related development that is authorized by the County). The grant of easement shall (a) be recorded free of prior liens and any other encumbrances which the County or Executive Director of the California Coastal Commission determines may affect the interest being conveyed, and (b) run with the land in favor of the People of the State of California, binding all successors and assignees.

2)

The form and content of the easement document shall be subject to review and approval by the Department, the County Counsel, and the Executive Director of the California Coastal Commission. A copy of the permit conditions, findings of approval, and drafts of the legal documents proposed to implement the grant of trail easement condition shall be forwarded to the Coastal Commission for review and approval prior to the issuance of the permit consistent with 14 California Code of Regulations Section 13574.

2.

The dedicated trail shall not be required to be constructed and opened to public use until the County is ready to construct, operate, and maintain the trail for public use.

E.

Requirements and development standards for incentive dwelling units. All incentive dwelling units allowed in compliance with this Section 35-470 (Gaviota Coast Plan Area Land Use Incentive Program) shall comply with the following requirements and development standards. Where there are conflicts between the standards of this Section 35-470 (Gaviota Coast Plan Area Land Use Incentive Program), the standards in Section 35-119 (Accessory Structures), and the standards in the specific zone regulations (Division 4. Zoning Districts), the provisions of this Section shall prevail unless indicated otherwise. The review authority may add other conditions, consistent with general law and applicable State and County standards as necessary to preserve the health, safety, welfare, and character of the agricultural area.

1.

Accessory to the principal dwelling. The lot shall contain an existing one-family dwelling at the time an application for an incentive dwelling unit is submitted, or the application for the incentive dwelling unit shall be submitted in conjunction with the application for the principal dwelling. The incentive dwelling unit shall not be occupied before occupation of the principal dwelling.

2.

Amenities. An incentive dwelling unit shall have a separate entrance and shall include permanent provisions for cooking, eating, living, sanitation and sleeping.

3.

7.

Maximum and minimum gross floor area requirements.

a.

Maximum gross floor area.

Attached incentive dwelling units. The maximum gross floor area of attached incentive dwelling units shall not exceed 1,200 square feet.

2)

Detached incentive dwelling units. The maximum gross floor area of a detached incentive dwelling unit shall not exceed the standards for the specified gross lot area shown in Table 17-5 (Maximum Gross Floor Area Gaviota Coast Plan Area) below.

Table 17-5- Maximum Gross Floor Area Gaviota Coast Plan Area

Lot Area (gross)	Maximum Floor Area (gross)
Less than 40 acres	1,200 square feet
40 acres to less than 100 acres	1,600 square feet
100 acres and above	2,000 square feet

b.

Minimum gross floor area. The minimum gross floor area of an incentive dwelling unit shall be 300 square feet.

c.

Measurement of gross floor area. The gross floor relates only to directly accessible appurtenant interior spaces and does not include any existing floor area not contained within the incentive dwelling unit, nor the floor area of storage or other accessory structures or spaces not directly accessible from the living area of the incentive dwelling unit.

8.

Maximum number of incentive dwelling units.

a.

A maximum of two incentive dwelling units consisting of one attached incentive dwelling unit and one attached or detached incentive dwelling unit may be allowed on a premises that qualifies under Category 1 in Table 17-4 (Actions and Eligible Incentives), above.

b.

A maximum of one attached incentive dwelling unit or one detached incentive dwelling unit may be allowed on a premises that qualifies under Category 2 in Table 17-4 (Actions and Eligible Incentives), above.

c.

In no case shall more than two incentive dwelling units be approved on a premises that has both coastal trail primary and secondary routes depicted on the PRT maps.

9.

Parking requirements. In addition to the required parking for the principal dwelling, a minimum of one offstreet parking space shall be provided on the same lot that the incentive dwelling unit is located on for each sleeping room in the incentive dwelling unit. The additional parking shall be provided as specified in Section 35-460 (Permit Requirements and Development Standards for Specific Land Uses in the AG-II Zone) and in Division 6 (Parking Regulations).

10.

Notification of occupants. The owner shall provide notification to the occupants of an incentive dwelling unit that the residence is located on and adjacent to property zoned and used for agriculture and that inconvenience or discomfort from properly conducted agricultural operations, including noise, dust, odors, and chemicals, shall not be deemed a nuisance.

11.

Private and public services.

a.

Where public water service is available, an incentive dwelling unit shall be required to be served by the appropriate district.

1)

If the principal dwelling is currently served by a public water district or mutual water company, not subject to moratorium for new connections, then an incentive dwelling unit shall also be served by the appropriate public water district or mutual water company.

2)

If the principal dwelling is currently served by a water district or mutual water company subject to a moratorium for new connections, or if the existing service is by a private water system and if the property is not located in an overdrafted water basin, then an incentive dwelling unit may be served by the same private water system subject to review and approval by the Public Health Department or State as applicable.

b.

Where public sewer service is available, an incentive dwelling unit shall be required to be served by the appropriate district.

1)

For the purposes of this Subsection E.11.a, public sewer service may be considered as not being available when such public sewer or any building or any exterior drainage facility connected thereto is located more

than two hundred feet from any proposed building or exterior drainage facility on any lot or premises that abuts and is served by such public sewer. (California Plumbing Code Section 713.4)

c.

An incentive dwelling unit proposed to be served by an onsite wastewater treatment system shall not be allowed in addition to a principal dwelling on a lot less than two gross acres in size if the principal dwelling is served by or is proposed to be served by an onsite wastewater treatment system.

12.

Residency of lot owner.

a.

The owner of the lot (or the major shareholder, officer, partner, or beneficiary of a corporate or trust owner) shall reside on said lot, in either the principal dwelling or in an incentive dwelling unit except when a) disability or infirmity require institutionalization of the owner, or b) the Director approves in writing owner's written request for a temporary absence due to illness, temporary employment relocation, sabbatical, extended travels, or other good cause. Before the issuance of a Coastal Development Permit in compliance Section 35-169 (Coastal Development Permits), the owner shall sign and record an agreement with the County requiring that the owner reside on the property.

b.

Upon transfer of ownership of the property, the new owner shall reside on the property or the use of a structure or portion thereof as an incentive dwelling unit shall be discontinued and the structure shall be:

1.

If attached to the principal dwelling, converted into a portion of the principal dwelling; or,

2.

If it is a detached structure, removed or converted into a legal accessory structure.

13.

Sale and subdivision.

a.

An incentive dwelling unit shall not be financed, sold or transferred separately from the principal dwelling.

b.

Upon approval of an incentive dwelling unit on a lot, the lot shall not be subdivided unless there is adequate land area to divide the lot in compliance with:

1.

The Coastal Land Use Plan including the Gaviota Coast Plan designation.

2.

This Article including Division 4 (Zoning Districts).

3.

Subsection E.11.c., above, if an incentive dwelling unit is proposed to be served by an onsite wastewater treatment system following the subdivision.

F.

Additional findings. In addition to the findings required in compliance with Section 35-169 (Coastal

Development Permits), before the approval of a permit for a detached incentive dwelling unit the Director shall make all of the following findings:

1.

The incentive dwelling unit is incidental and subordinate to the primary agricultural use of the lot.

2.

The incentive dwelling unit has been sited and designed to avoid prime agricultural soils and maintain the long-term productivity of the site's agricultural resources and operation.

3.

The incentive dwelling unit is compatible with and does not substantially alter the rural, agricultural character of the area.

APPENDIX A: - TABLE OF ORDINANCES WHICH ADOPTED ARTICLE II AND ALL SUBSEQUENT AMENDMENTS

AMENDMENTS
Ordinance No.	B/S Adoption Date	Certifcation Date1	Amended Sections
3312	07/19/1982		35-50 thru 35-186
3395	08/08/1983		35-58,35-71.4, 35-73.4, 35-142
3448	06/18/1984		35-172.4, 35-172.11
3483	01/14/1985		35-169.5(4), 35-182.4.1
3484	01/14/1985		35-180.6
3508	05/06/1985		35-185
3518	06/03/1985		35-58,35-71.3, 35-72.3, 35-74.4, 35-71.4, 35- 72.4, 35-74.6, 35-143
3534	10/07/1985		35-132.6
3537	10/08/1985		35-58, 35-155
3561 85-OA-10	03/17/1986	11/12/1986	35-100
3581	07/28/1986	12/10/1986	35-58, 35-157
---	---	---	---
3594	10/06/1986		35-169.6
3595	10/06/1986	12/10/1986	35-118.1
3596	10/06/1986	12/10/1986	35-169.9, 35-170.6
3597	10/06/1986	12/10/1986	35-185.6, 35-185.7, 35-185.8
3598	10/06/1986	12/10/1986	35-121.12
3612	10/27/1986		35-174.6
3613	10/27/1986		35-58
3673			35-58, 35-154
3701 87-OA-07	05/16/1988	06/10/1988	35-154
3714 87-OA-14	08/08/1988	02/07/1989	35-144, 35-184
3718 84-OA-09	08/08/1988	02/07/1989	35-128, 35-102
3736 86-OA-12	11/21/1988	04/12/1989	35-76, 35-77, 35-108, 35-114, 35-173
3737 87-OA-05	11/21/1988	04/12/1989	35-67.1, 35-102A, 35-163
3743 87-OA-08	11/21/1988	02/07/1989	35-68
3745 88-OA-03	11/21/1988	02/07/1989	35-154, 35-156
3831 89-OA-11	03/20/1990	Not Certifed	35-58, 35-154
3832 89-OA-06	03/20/1990	06/12/19900	35-169
3833 89-OA-06	03/20/1990	06/12/1990	35-51
3834 89-OA-06	03/20/1990	06/12/1990	35-58
3835 89-OA-06	03/20/1990	06/12/1990	35-68, 35-69, 35-70, 35-71, 35-73
3836 89-OA-06	03/20/1990	06/12/1990	35-68, 35-69, 35-75, 35-121
3837 89-OA-06	03/20/1990	06/12/1990	35-68, 35-69
3838 89-OA-06	03/20/1990	06/12/1990	35-69
3839 89-OA-06	03/20/1990	06/12/1990	35-71, 35-72, 35-74, 35-76, 35-77, 35-78, 35- 79, 35-83
3840 89-OA-06	03/20/1990	06/12/1990	35-72
---	---	---	---
3841 89-OA-06	03/20/1990	06/12/1990	35-78
3842 89-OA-06	03/20/1990	06/12/1990	35-78, 35-79, 35-85, 35-87, 35-115, 35-174
3843 89-OA-06	03/20/1990	06/12/1990	35-114
3844 89-OA-06	03/20/1990	06/12/1990	35-119
3845 89-OA-06	03/20/1990	06/12/1990	35-120
3846 89-OA-06	03/20/1990	06/12/1990	35-132
3847 89-OA-06	03/20/1990	06/12/1990	35-172, 35-173
3848 89-OA-06	03/20/1990	06/12/1990	35-147
3849 89-OA-06	03/20/1990	06/12/1990	35-172, 35-174
3850 89-OA-06	03/20/1990	06/12/1990	35-172
3851 89-OA-06	03/20/1990	06/12/1990	35-178
3852 89-OA-06	03/20/1990	06/12/1990	35-180
3853 89-OA-06	03/20/1990	06/12/1990	35-184
3871 90-OA-11A	07/17/1990	10/09/1990	35-172
3887 90-OA-11B	09/18/1990	12/12/1990	35-172
3914 90-OA-20	03/05/1991	08/13/1991	35-53, 35-102B
3947 90-OA-18	11/19/1991	09/10/19922	35-51, 35-52, 35-87, 35-152, 35-153, 35-154, 35-155, 35-156
3954 91-OA-09	01/21/1992	04/09/1992	35-58
3955 91-OA-09	01/21/1992	04/09/1992	35-70
3956 91-OA-09	01/21/1992	04/09/1992	35-71
3957 91-OA-09	01/21/1992	04/09/1992	35-72
---	---	---	---
3958 91-OA-09	01/21/1992	04/09/1992	35-73
3959 91-OA-09	01/21/1992	04/09/1992	35-74
3960 91-OA-09	01/21/1992	04/09/1992	35-78
3961 91-OA-09	01/21/1992	04/09/1992	35-79
3962 91-OA-09	01/21/1992	04/09/1992	35-80
3963 91-OA-09	01/21/1992	04/09/1992	35-81
3964 91-OA-09	01/21/1992	04/09/1992	35-83
3965 91-OA-09	01/21/1992	04/09/1992	35-89
3966 91-OA-09	01/21/1992	04/09/1992	35-123
3967 91-OA-09	01/21/1992	04/09/1992	35-125
3968 91-OA-09	01/21/1992	04/09/1992	35-134
3969 91-OA-09	01/21/1992	04/09/1992	35-142
3970 91-OA-09	01/21/1992	04/09/1992	35-144
3971 91-OA-09	01/21/1992	04/09/1992	35-144A
3972 91-OA-09	01/21/1992	04/09/1992	35-144B
3973 91-OA-09	01/21/1992	04/09/1992	35-163
3974 91-OA-09	01/21/1992	04/09/1992	35-169
3975 91-OA-09	01/21/1992	04/09/1992	35-172
3976 91-OA-09	01/21/1992	04/09/1992	35-173
3977 91-OA-09	01/21/1992	04/09/1992	35-174
3978 91-OA-09	01/21/1992	04/09/1992	35-184
---	---	---	---
4034 92-OA-05	05/19/1992	10/14/1992	35-54, 35-92, 35-128
4038 92-OA-09	05/19/1992	10/14/1992	35-190, 35-191
4040 90-OA-25	05/19/1992	07/15/1993	DIVISION 2.
4041 90-OA-25	05/19/1992	Pending	35-93
4042 90-OA-25	05/19/1992	Pending	35-146
4043 90-OA-25	05/19/1992	Not Certifed	35-169, 35-171
4045 92-OA-03	05/19/1992	08/13/1992	35-53
4046 92-OA-03	05/19/1992	08/13/1992	35-58
4047 92-OA-03	05/19/1992	08/13/1992	35-102D
4048 92-OA-03	05/19/1992	08/13/1992	35-144E
4067 92-OA-10	08/18/1992	07/02/19933	35-58, 35-68, 35-69, 35-70, 35-71, 35-72, 35- 73, 35-74, 35-75, 35-76, 35-77, 35-80, 35-81, 35-82, 35-83, 35-84, 35-85, 35-89, 35-114, 35- 115, 35-121, 35-126, 35-132, 35-161, 35-169, 35-170, 35-172, 35-174, 35-182, 35-184
4068	09/01/1992	09/10/19922	35-87, 35-92
4080 92-OA-09	12/15/1992	02/16/19932	35-191
4081 92-OA-15	12/15/1992	03/17/1993	35-54, 35-71
4082 92-OA-20	12/15/1992	03/17/1993	35-200, 35-201, 35-202, 35-203, 35-204, 35-205, 35-206, 35-207
4084 91-OA-01	12/15/1992	07/02/1993	35-58, 35-88, 35-145, 35-146, 35-147, 35-148, 35-169, 35-172
4086 92-OA-21	12/15/1992	07/02/19933	35-58, 35-68, 35-70, 35-77A, 35-78, 35-79, 35-82, 35-83, 35-84, 35-85, 35-91, 35-107, 35- 119, 35-125, 35-132, 35-172, 35-174
4094 90-OA-25	04/06/1993	07/14/1993	35-171
4097 90-OA-04	05/18/1993	Pending	35-69
4101 90-OA-03	05/18/1993	Pending	35-177
---	---	---	---
4110 92-OA-28	07/20/1993	06/08/1994	35-52, 35-53, 35-54, 35-77A, 35-84A, 35-102C, 35-192

AMENDMENTS
4127 93-OA-08	11/16/1993	Not Certifed	35-53, 35-58, 35-68, 35-70, 35-71, 35-73, 35- 77, 35-78, 35-79, 35-80, 35-84, 35-85, 35- 102C, 35-118, 35-120, 35-142,35-142A, 35- 144C, 35-144D
4162 90-OA-25	07/26/1994	08/10/1994	35-93
4166 94-OA-02	10/04/1994	12/14/1994	35-174
4169 93-OA-08	10/11/1994	11/10/1994	35-53, 35-58, 35-68, 35-70, 35-71, 35-73, 35- 77, 35-78, 35-79, 35-80, 35-84, 35-85, 35- 102C, 35-118, 35-120, 35-142,35-142A, 35- 144C, 35-144D
4171 91-OA-01	10/25/1994	06/08/1994	35-146, 35-147, 35-170, 35-172
4186 94-OA-16	03/14/1995	09/15/1995	35-58, 35-68, 35-70, 35-71, 35-73, 35-142,35- 142A
4196 94-OA-05	05/16/1995	09/15/1995	35-71, 35-81, 35-119, 35-120, 35-139, 35-163, 35-169, 35-174, 35-184, 35-207, 35-208,25- 209, 35-210, 35-211, 35-212, 35-213, 35-214, 35-215
4227 95-OA-12	06/18/1996	10/09/1996	35-58, 35-98, 35-106, 35-107, 35-118, 35-125, 35-144B, 35-160, 35-161, 35-162, 35-163, 35- 169, 35-170 (Deleted), 35-171, 35-172, 35- 174, 35-175, 35-176, 35-179, 35-180, 35-181, 35-182, 35-191, 35-214,Appendix D
4235 94-OA-17	09/03/1996	09/11/1996	35-58, 35-69, 35-92, 35-127, 35-154, 35-158
4234 96-OA-07	07/23/1996	09/09/1997	35-150, 35-180,Appendix E
4250 96-OA-09	11/19/1996	10/09/1997	35-210, 35-211
4263 95-OA-08	06/24/1997	10/09/1997	35-58, 35-118, 35-127, 35-144F, 35-145, 35- 169, 35-172, 35-174, 35-184, 35-191, 35-204
4266 94-OA-13	06/24/1997	10/09/1997	35-53, 35-102, 35-128
4298 97-OA-10	03/24/1998	06/06/1998	35-58, 35-68, 35-69, 35-71, 35-72, 35-78, 35- 83, 35-85, 35-119, 35-120, 35-126, 35-131, 35-144F, 35-169, 35-172, 35-174, 35-178, 35- 181, 35-185, 35-191, 35-202
4318 98-OA-09	06/23/1998	12/08/1998	35-52, 35-58, 35-76, 35-77, 35-77A, 35-78, 35-79, 35-84A, 35-161, 35-162, 35-169, 35-
			171, 35-172, 35-174, 35-178, 35-180, 35-182, 35-184,35-191.9 (deleted)
---	---	---	---
4339 98-OA-14)	10/27/1998		35-54.2
4378 98-OA-17	11/16/1999		35-58, 35-68, 35-69, 35-70,31-71, 35-72, 35- 73, 35-74, 35-75, 35-78, 35-83, 35-84, 35-143
4388 98-OA-16	05/18/1999		35-53, 35-102E
4406 99-OA-11	09/12/2000	07/10/2001	35-58, 35-68,35-69.6, 35-70.6, 35-71.6, 35- 72.6, 35-73.5, 35-76.6, 35-77.6, 35-90.7, 35- 134, 35-169
4529 03ORD-00000-00002	04/20/2004	06/09/2004	35-53, 35-58,35-68.3, 35-68.4, 35-68.13, 35- 102E,35-162.2
4455	04/16/2002		35-102C.6, 35-144C.7
4517 03ORD-00000-00002	12/02/2003	10/13/2005	35-142,35-142A
4550	09/21/2004	02/16/2005	35-58,35-158.7, 35-170,35-182.2
4572	04/27/2004		35-93A,35-162.2, 35-194
4557 04ORD-00000-00021	12/07/2004	09/13/2006	35-52, 35-53, 35-58,35-68.3, 35-68.6, 35- 69.3, 35-69.6, 35-70.3, 35-70.6, 35-71.3, 35- 71.6, 35-71.7, 35-71.8, 35-71.9, 35-71.12, 35- 72.3, 35-72.6, 35-72.8, 35-72.9, 35-73.3, 35- 73.4, 35-73.5, 35-73.7, 35-74.4, 35-74.13, 35- 75.7, 35-78.5, 35-79, 35-82,35-83.4, 35-84A, 35-85, 35-86,35-90.3, 35-90.7, 35-102B, 35- 119, 35-120, 35-121, 35-123, 35-124, 35-125, 35-126, 35-131, 35-132, 35-137,35-142.6, 35- 142.7, 35-144I,35-161.1, 35-162.1, 35-169.2, 35-172.4, 35-172.6, 35-172.13, 35-174.2, 35- 185.6
4581 05ORD-00000-00001	11/22/2005	06/14/2007	35-58, 35-127
4585 05ORD-00000-00014	11/22/2005	06/11/2008	35-77A.2, 35-78.2, 35-78.3, 35-98, 35-141, 35- 144,35-169.4, 35-174.4, 35-174.6, 35-179.5, 35-179.6, 35-184
4588 05ORD-00000-00004	12/13/2005		35-52.2, 35-52.5, 35-58, 35-144F, 35-144G, 35-169.2, 35-172.6
4594 05ORD-00000-00016	01/24/2006	03/05/2008	35-142, 35-143, 35-144F, 35-144G, 35-169, 35-181
4595 05ORD-00000-00019	01/24/2006	03/05/2008	35-58, 35-96, 35-117, 35-119, 35-137, 35-142, 35-144F, 35-144H, 35-161, 35-169, 35-172, 35-173, 35-174, 35-176, 35-177, 35-178, 35- 179, 35-182
4602 04ORD-00000-00018	03/21/2006	04/12/2006	35-58,35-69.4, 35-150.1, 35-154.4B, 35- 157.1, 35-158, 35-159,35-170.2
4622 06ORD-00000-00007	09/26/2006	05/10/2007	35-58, 35-127
---	---	---	---
4808 11ORD-00000-00031	11/01/2011	07/12/2012	35-58, 35-144I
4818 11ORD-00000-00023	12/06/2011	01/12/2012	35-58, 35-152, 35-153, 35-158
4830 11ORD-00000-00034	03/202012	04/10/2013	35-77.6.1, 35-77.6.5 (added)
4813 11ORD-00000-00026	12/06/2011	07/10/2013	35-179A (added)
4789 11ORD-00000-00007	12/13/2011	11/14/2013	35-58,35-137.3, 35-144F,35-181.2, 35-181.3
4811 11ORD-00000-00014	11/01/2011	11/14/2013	35-57A (added), 35-58, 35-117A (added), 35- 132.10, 35-142.6, 35-144I (added), 35-144J (added), 35-144K (added), 35-147,35-169.2, 35-169.4, 35-170.10, 35-170.11, 35-170.16 (added), 35-172.9, 35-172.11, 35-174.9, 35- 174.10, 35-178.6, 35-179.2, 35-179.5
4858 13ORD-00000-00004	06/04/2013	11/14/2013	35-58, 35-121
4860 08ORD-00000-00004	06/25/2013	11/13/2013	35-88.4, 38-88.11
4829 11ORD-00000-00018	03/13/2012	04/10/2014	35-57B (added), 35-58, 35-144M (added), 35- 182.4

AMENDMENTS
4888 12ORD-00000-00014	06/03/2014	10/10/2014	35-57C (added), 35-58, 35-144B (deleted), 35- 144N (added), 35-147,35-169.4, 35-169.4, 35- 169.6, 35-172.9, 35-174.9, 35-176.3, 35-176.8, 35-176.13, 35-178.4, 35-178.6, 35-179.7, 35- 179A (delete existing Section and add new Section), 35-179B (added), 35-181,35-182.2, 35-182.4
4853 12ORD-00000-00013	04/09/2013	03/11/2015	35-58, 35-144O (added), Appendix H (added)
4887 14ORD-00000-00002	05/06/2014	06/09/2016	35-58, 35-71, 35-77A, 35-108, 35-127, 35-138, 35-139,35-184.6, 35-191
4884 13ORD-00000-00010	04/15/2014	09/08/2016	35-58,35-114.3, 35-117A, 35-122,35-132.10, 35-143.3, 35-144K.C.2, 35-162.1, 35-172.9, 35-174.9, 35-177.11 (added)
4969 16ORD-00000-00003	05/17/2016	09/08/2016	35-127.A.2
4946 15ORD-00000-00014	11/03/2015	12/08/2016	35-57C, 35-58, 35-144C, 35-144P (added), 35- 144Q (added), 35-182.2
4942 13ORD-00000-00011	10/20/2015	12/14/2017	35-54, 35-58,35-98.3, 35-98.5, 35-139,35- 184.6, DIVISION 14
4964 15ORD-00000-00004	05/03/2016	12/14/2017	35-51, 35-51B (added), 35-58,35-68.3, 35- 68.5, 35-69.3, 35-69.4, 35-69.5, 35-70.3, 35- 71.3, 35-72.3, 35-73.3, 35-74.3, 35-75.7, 35- 95,35-100.6, 35-120.12, 35-132.8, 35-132.9 (deleted), 35-134,35-142.4, 35-142.6, 35-143, 35-144I, 35-144R (added), 35-147,35-169.2, 35-172.4, 35-172.5, 35-172.7, 35-179C (added), APPENDIX G (deleted)
---	---	---	---
5004 17ORD-00000-00003	06/20/2017	12/14/2017	35-58,35-68.3, 35-69.3, 35-70.3, 35-71.3, 35- 72.3, 35-73.3, 35-74.4, 35-75.7, 35-76.4, 35- 77.3, 35-77A.3, 35-78.5, 35-80.5, 35-81.7, 35- 83.6, 35-87.4, 35-90.3, 35-91.4, 35-92.4, 35- 93A.3, 35-143.5 (added)
5043 18ORD-00000-00006	5/15/2018	9/13/2018	35-51C (added), 35-58, 35-161, 35-162,35- 184.3
5030 17ORD-00000-00012	2/27/2018	11/6/18	35-58, 35-210, 35-211
4984 13ORD-00000-00007	11/8/2016	11/7/2018	35-53, 35-54, 35-58, 35-66, 35-99 (removed), 35-102G, 35-139,35-184.2, 35-184.6, Division 17 (added), Appendix I (added)
5028 17ORD-00000-00010	2/27/2018	11/7/2018	35-58, 35-68, 35-69, 35-77, 35-78, 35-83, 35- 84, 35-144I, 35-144U,Appendix G
5053 18ORD-00000-00004	8/14/2018	5/9/2019	35-102H (added)
5057 16ORD-00000-00016	8/14/2018	6/12/2019	Division 2, 35-68.3, 35-68.5, 35-68.12, 35- 70.3, 35-70.10, 35-71.3, 35-71.13 (removed), 35-73.3, 35-73.10 (removed), 35-107.7, 35- 108.7 (added), 35-114.2, 35-119.4, 35-119.8, 35-120.14, 35-127.A.3, 35-142 (repealed and added new section), 35-144.N.6.B.3, 35- 144.O.C, 35-169.2.2, 35-169.4.2.c, 35.179.2.3.f, 35-181.3.A.1.e, 35-182.2.C.2, 35- 184.3.1, 35-191.5.1.a, 35-191.5.2.e, 35- 194.5.1, 35-194.5.2
5109 20ORD-00000-00005	6/18/2020	Waived not certifed on 7/2/2020	35.161, 35-179B,35-179.E (added), 35-185
5122 20ORD-00000-00009	11/10/2020	7/2/2020 waiver applies	35.161, 35-179B, 35-185
5095 19ORD-00000-00005	12/10/2019	3/11/2021	35-58, 35-144F,35-179B.D, 35-179D (added), 35-181.8.2.e, 35-191,Divisions 15-18 (reordered three divisions and renumbered Division 18 to 17)
5129 18ORD-00000-00003	2/9/2021	5/13/2021	35-58,35-68.3, 35-68.4, 35-68.5, 35-69.3, 35- 69.4, 35-69.5 (deleted and 35-69.6 -69.7 and -69.8 renumbered to -69.5, -69.6 and -69.7), 35-132.8, 35-144R,Table 17-2

NOTES:

Coastal Commission Final Certification Hearing Date is listed except as otherwise noted.
Coastal Commission Modification approval date.
Date of approval by operation of law.

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

APPENDIX B: - SUBSTANTIAL CONFORMITY DETERMINATION GUIDELINES

(Endorsed by Board of Supervisors, 12/15/1992)

On occasion, an applicant requests slight deviations from an approved action in order to carry out a project. The County Zoning Ordinance allows certain types of alterations from an approved project, following a determination of substantial conformity.

Procedure:

1.

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

2.

The project manager, if they are still available, reviews the project description that was considered at the time of project approval.

3.

The project manager considers key issues:

a.

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

b.

Will the deviation result in a change to the project that would alter the scope and intent of the project the decision-makers acted on?

c.

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

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

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

4.

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

a.

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

b.

Does not result in health or safety impacts.

c.

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

d.

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

e.

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

f.

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

g.

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

h.

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

Is consistent with Comprehensive and/or Coastal plan policies and applicable zoning ordinances.

j.

Does not result in more than 50 cubic yards, and avoid slopes of 30 percent or greater (unless these impacts were addressed in the environmental assessment for the project and mitigation measures were imposed to mitigate said impacts and the proposal would not compromise the mitigation measures imposed or result in additional environmental impacts).

k.

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

l.

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

m.

Receives BAR approvals for landscaping and structures, if necessary.

n.

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

o.

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

5.

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

a.

If a Substantial Conformity Determination request is minor, e.g., no additional conditions are required, is not controversial, does not alter the intent of the decision-makers action, with approval from their supervisor, the project manager issues the appropriate permit (LUP/CDP).

b.

The project manager prepares a letter outlining the changes to be made and why they are being approved. The letter must be reviewed by a Supervising Planner, and possibly signed by the Deputy Director. If the case will be monitored, the letter is sent to Permit Compliance staff so they are aware of changes in the project.

c.

If the findings to be made may be controversial, the project manager and Supervising Planner defer the decision to the Deputy Director.

6.

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

a.

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

b.

Submit a request to the Planning Commission for a Substantial Conformity Determination*, or apply for amendment or revision of the original permit.

*Please note: Substantial Conformity Determinations are made by the Planning Commission if: conditions specifically require Planning Commission determination, the applicant disagrees with staff's determination, or staff determines there are borderline issues which require Planning Commission attention.

APPENDIX C: - COUNTY GUIDELINES ON REPAIR AND MAINTENANCE AND UTILITY CONNECTION TO PERMITTED DEVELOPMENT

(Adopted and Incorporated by Reference by Ordinance No. 3312, 07/19/1992)

I. - GENERAL PROVISIONS.

Section 35-169.2 of the Coastal Zoning Ordinance states in part: "A Coastal Development Permit shall be required for all development in the coastal zone with the exception of the following:

1.

Repair and maintenance activities that do not result in addition to, or enlargement or expansion of, the object of such repair or maintenance activities.

2.

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."

These guidelines are intended to detail the types of development activities the County considers repair, maintenance or utility connections between an existing service facility and permitted development. Such lists obviously cannot be exhaustive and the exclusions also apply to activities comparable to those listed. Where a proposed activity is not included in this guideline, the Coastal Planner, after consultation with the Director, if necessary, will determine whether a permit is required.

II. - DESCRIPTION OF ACTIVITIES EXCLUDED.

The following construction activities and comparable activities to those listed do not require a Coastal Development Permit except as specified below:

A.

ROADS. No permit is required for repair and maintenance of existing public roads including landscaping, signalization, lighting, signing, resurfacing, installation or expansion of retaining walls, safety barriers and railings and other comparable developments within the existing right of way as specified below. Maintenance activities are generally those necessary to preserve the highway facility as it was constructed, including: construction of temporary detours, removal of slides and slip cuts, restoration and repair of drainage appurtenances, slope protection devices, installation of minor drainage facilities for preservation of the roadway or adjacent properties, restoration, repair and modifying for public safety bridges and other highway structures, restoring pavement and base to original condition by replacement, resurfacing, or pavement grooving. A permit is required for excavation or disposal of fill outside of the roadway prism. The following maintenance and alteration programs of the State Department of Transportation, or their equivalent conducted by local road departments, which do not result in an addition to or enlargement or expansion of the existing public road facility itself, do not require a permit except as noted:

1)

Flexible Roadbed Program;

2)

Rigid Roadbed Program;

3)

Roadside Maintenance Program;

4)

Roadway Litter and Debris Program;

5)

Vegetation Control Program;

6)

Pavement Delineation Program;

7)

Sign Program;

Electrical Program;

Traffic Safety Devices Program;

10)

Public Service Facility Program except that a permit is required for construction of new facilities;

11)

Landscape Program;

12)

Bridge and Pump Maintenance Program;

13)

Tubes, Tunnel and Ferry Maintenance Program;

Bridge Painting Program;

15)

Miscellaneous safety projects, provided there is not expansion in the roadway or number of traffic lanes;

16)

Major damage maintenance, repair and restoration;

17)

Comparable Minor Alterations.

Note: See "Appendix to Guidelines, Section IIA" for more detailed description of activities included in these programs.

PUBLIC UTILITIES.

1.

Natural Gas, Chilled Water and Steam Facilities.

a.

Service Connections. Install, test and place in service the necessary piping and related components to provide natural gas, chilled water and/or steam service to development either having a Coastal Development Permit or exempt from Coastal Development Permit including:

1)

Extend underground gas, chilled water and/or steam mains, except in marshes, streams or rivers, from terminus of existing main piping to proper location in front of customer's property. Break and remove pavement as necessary, open trench or bore, for installation of main piping, install mains and appurtenances, pressure test for leakage, backfill open cuts, purge air from piping and introduce gas, chilled water and/or steam into newly installed piping. Restore pavement as necessary. Provide for cathodic protection as necessary.

2)

Extend underground gas, chilled water and/or steam service piping from the main locations, except in marshes, streams or rivers, to the meter location on the customer's property. Construction activities are similar to those in Item (1) above.

3)

Construct and install the meter set assembly, generally above ground, on the customer's property, including installation of associated valves, pressure regulator, meter and necessary piping to connect the gas, chilled water and/or steam service to the customer's piping system.

4)

When necessary, install gas, chilled water and/or steam pressure regulation equipment and related components, to control pressure where the source of the supply is at a higher pressure than the pressure in the district distribution main system. Construction includes necessary excavation, installation of piping, valves, regulators, below ground vaults and related components.

5)

Install necessary cathodic protection facilities for main and service extensions to new and existing customers.

b.

Distribution and Transmission Facilities.

1)

Operate, inspect and maintain distribution and transmission mains, services, meter set assemblies and district regulator stations. Conduct leakage surveys, repair leaks, handle emergency or hazardous incidents, maintain supply pressure, inspect and adjust pressure regulators, operate valves, locate and mark facilities to help prevent damage to them and to provide for public safety.

2)

Install, replace, alter, relocate or remove piping and cathodic protection facilities as necessary due to corrosion, interference with other underground or surface construction, franchise requirements, mechanical damage, reinforcement to existing distribution systems to provide for increased usage (provided such

usage is to provide service to development either having a Coastal Development Permit or exempt from a Coastal Development Permit). Isolation of piping segments or systems to provide emergency control and the restoration of service to a customer.

c.

Production and Storage Facilities. Perform necessary maintenance, replacement, repair, relocation, abandonment and removal work to gas storage facilities, chilled water and/or steam plant facilities, mechanical equipment including prime movers and pumping equipment, chilled water and/or steam production facilities, gas and oil processing facilities, pollution control facilities, cooling towers, electric equipment, controls, gas injection and withdrawal wells, and other miscellaneous plant and pipeline structures. Installation of any required new safety devices and pollution control facilities within existing structures or equipment or where land coverage, height, or bulk of existing structures will not be increased.

d.

Miscellaneous. Perform necessary maintenance, repair, replacement, relocation, abandonment and removal work to pipeline roads, rights-of-way, fences and gates, sprinkler systems, landscaping, odorizing stations, telemetry equipment, lighting facilities, mechanical and electrical equipment, cathodic protection facilities and environmental control equipment.

e.

Grading and Clearing. Maintenance activities shall not extend to the construction of any new roads to the site of the work.

2.

Electric Utilities.

a.

Generation Stations, Substations, Fuel Handling, Transportation and Storage Facilities and Equivalent Facilities. A Coastal Development Permit is not required for repairs, maintenance, and minor alterations which do not increase the capacity of the facility or work required to supply increased demand of existing customer's facilities in order to maintain the existing standard of service. A Coastal Development Permit is not required for installation of any required new safety devices and pollution control facilities within existing structures or equipment, or where land coverage, height or bulk of existing structures will not be increased.

b.

Transmission and Distribution and Communication Facilities. A Coastal Development Permit is not required to maintain, replace, or modify existing overhead facilities, including the addition of equipment and wires to existing poles or other structures, right-of-way maintenance, and minor pole and equipment relocations. A Coastal Development Permit is not required to install, test and place in service power line extension facilities and supply points specifically required to provide service to development either having a Coastal Development Permit or exempted from a Coastal Development Permit, or work required to supply increased demand of existing customers' facilities in order to maintain the existing standard of service.

velopment Permit is not required to install, test and place in service power line extension facilities and supply points specifically required to provide service to development either having a Coastal Development Permit or exempted from a Coastal Development Permit, or work required to supply increased demand of existing customers' facilities in order to maintain the existing standard of service.

A Coastal Development Permit is not required to install, test, place in service, maintain, replace, modify or relocate underground facilities or to convert existing overhead facilities to underground facilities provided that work is limited to public road or railroad rights-of-way or public utility easements (P.U.E.).

c.

Services. Electrical service and metering facilities may be installed and placed in service to any development either having a Coastal Development Permit or exempt from a Coastal Development Permit. In addition, a Coastal Development Permit is not required to maintain, replace, or relocate service or metering facilities for such developments. A Coastal Development Permit is not required for removal of minor vegetation for maintenance purposes (tree trimming, etc.) for safety clearances.

d.

Grading and Clearing. These activities shall not extend to the construction of any new road to the site of the Work.

e.

Definitions.

1)

Line Extension. All facilities for permanent service excluding transformers, service and meters, required to extend electric service from the utility's existing permanent facilities to one or more supply points.

2)

Service. A single set of conductors and related facilities required to deliver electric energy from a supply point to the customer's facilities.

3)

Supply Point. Any transformer, pole, manhole, pull box or other such facility at which the utility connects one or more sets of service conductors to the utility's permanent electric facilities.

3.

Telephone. No permit or conditions are required for the activities of a telephone company that come within the following areas:

a.

Repair and maintenance of existing damaged or faulty poles, wires, cables, terminals, load cases, guys and conduits, including the necessary related facilities, to restore service or prevent service outages.

b.

Placement of existing telephone facilities underground, provided such undergrounding shall be limited to public road or railroad rights-of-way or public utility easements (P.U.E.) and provided there is no removal of

major vegetation and the site is restored as close as reasonably possible to its original condition.

c.

Placement of additional aerial facilities on existing poles.

d.

Removal of existing poles and facilities thereon, where new, replacement facilities have been placed underground.

e.

Performance of work in connection with or placement of facilities to expand service to existing customers or to serve new customers, including placement of underground service connections or aerial service connections from existing poles with any necessary clearance poles.

f.

Removal of minor vegetation for maintenance purposes (tree trimming, etc.).

g.

Maintenance activities shall not extend to the construction of any new roads to the site of the work.

4.

Others, including Water, Sewer, Flood Control, City and County Public Works, Cable T.V. No permit is required for repair or maintenance of existing facilities that do not alter the service capacity, installation of new or increased service to development having a Coastal Development Permit or exempt from a Coastal Development Permit, placement of additional facilities on existing poles, or placement of existing facilities underground provided such undergrounding shall be limited to public road or railroad rights-of-way or public utility easements (P.U.E.) and provided there is no removal of major vegetation and the site is restored as close as reasonably possible to its original condition. A permit is required for installation of service to vacant parcels or installation of capacity beyond that needed to serve developments having a Coastal Development Permit or exempt from a Coastal Development Permit. Maintenance activities shall not extend to the construction of any new roads to the site of the work.

C.

PARKS. No permit is required for routine maintenance of existing public parks including repair or modification of existing public facilities where the level or type of public use or the size of structures will not be altered.

D.

INDUSTRIAL FACILITIES. No permit is required for routine repair, maintenance and minor alterations to existing facilities, necessary for on-going production that do not expand the area or operation of the existing plant. No permit is required for minor modifications of existing structures required by governmental

safety and environmental regulations, where necessary to maintain existing production capacity, where located within existing structures, and where height or bulk of existing structures will not be altered.

E.

OTHER STRUCTURES. For routine repair and maintenance of existing structures or facilities not specifically enumerated above, no permit is required provided that the level or type of use or size of the structure is not altered.

F.

DREDGING AND BEACH ALTERATION. (NOTE: Maintenance dredging of navigation channels is exempted by Section 30610(c) of the Coastal Act. Other dredging and sand movement projects, where part of an established program may be exempt from the permit requirements of the Coastal Act by reason of vested rights, where such rights have been reviewed and acknowledged by the South Central Coast Regional Commission.)

The placement or removal, whether temporary or permanent, of rip-rap, rocks, sand or other beach materials or any other forms of solid materials;

b.

The presence, whether temporary or permanent, of mechanized equipment or construction materials.

All repair and maintenance activities governed by the above provisions shall be subject to the permit requirements of the Coastal Zoning Ordinance. The provisions of this section shall not be applicable to methods of repair and maintenance undertaken by the ports listed in Public Resources Code Section 30700 unless so provided elsewhere in these regulations.

B.

Unless destroyed by natural disaster, the replacement of 50 percent or more of a seawall revetment, bluff retaining wall, breakwater, groin or similar protective work under one ownership is not repair and maintenance under this Article but instead constitutes a replacement structure requiring a Coastal Development Permit.

C.

Notwithstanding the above provisions, the director shall have the discretion to exempt from this section ongoing routine repair and maintenance activities of local governments, state agencies, and public utilities (such as railroads) involving shoreline works protecting transportation roadways.

Appendix To Guidelines, Section IIA

Detailed description of activities included in road maintenance programs for which no Coastal Development Permit is required.

1.

Flexible Roadbed Program. This program covers the restoration and repair of both surface and base within the previously paved portion of the roadway. This includes previously paved asphalt concrete shoulders two feet or greater in width where the shoulder is designated by traffic marking, pavement delineation or traffic use. Paved shoulders less than two feet in width will be considered as included in the traveled way lanes.

2.

Roadbed, Rigid. The Rigid Roadbed Program covers the restoration and repair of both surface and base within that paved portion of the roadway used for the movement of vehicles. This includes asphaltic concrete or oiled shoulders two feet or greater in width. Paved shoulders less than two feet in width will be considered as included in the traveled way lanes. This program does not include roadbed widening projects.

3.

Roadside Maintenance Program. This program includes the repair, replacement and cleaning of ditches, culverts, underdrains, horizontal drains and miscellaneous headwalls and debris racks. Also included are fence repairs, roadside section restoration (e.g., drift removal, bench cleaning, slide removal, and fill slope replacement). In addition, repairs or replacement of retaining walls, sidewalks and curbs, bins, cattle guards and other such structures where there is no increase in size (or adding to what exists) is included in this program. Installation of slope protection devices, minor drainage facilities. This program shall not include seawalls or other shoreline protective works, activities subject to review under Section 1601 of the fish and Game Code, or excavation or disposal of fill outside of the roadway prism.

4.

Roadway Litter and Debris Program. This program includes all work concerning roadbed and roadside cleanup operations to ensure that the highway presents a neat, clean and attractive appearance.

5.

Vegetation Control Program. Vegetation control refers to the maintenance treatment of all vegetative material growing native within the highway rights of way. Included is cutting and trimming by hand and mechanical means.

6.

Pavement Delineation Program. The pavement delineation program involves all work necessary to place and maintain distinctive roadway markings on the traveled way. This includes layout, removal of old stripe, painting of new or existing stripe including striping for bike lanes, installation and/or removal of raised pavement markers including cleaning of such markers and the use of thermoplastic, tape or raised bars for pavement markings. Changing of striping for more lanes is not included in this program.

7.

Sign Program. The sign program includes all work performed on existing signs for the purpose of warning, regulating or guiding traffic including bicycle traffic using bike lanes. The work consists of manufacture, assembly and installation of new signs to replace existing signs and the repair, cleaning and painting of signs.

8.

Electrical Program. This program includes all work performed on in-place highway electrical facilities used to control traffic with signal systems, provide safety and sign lighting, illuminate maintenance building and grounds, generate standby power, operate bridges, pumps and automatic watering systems. Certain navigational lighting installed on bridges and bridge fencers or piling are included in this program.

9.

Traffic Safety Devices Program. Work performed under this program includes replacement of guide posts, markers, skid resistant grooves, and also replacement, cleaning and/or painting of guard rails. The repair of median barrier cable chain link fence and portland cement concrete walls, the repair and maintenance of energy dissipators such as water type bumpers, sand traps or other devices installed for the purpose of absorbing vehicle energy are included in this program.

10.

Public Service Facility Program. Public Service Facilities consist of roadside rests, vista points, map stops, historical monuments, roadside fountain areas and vehicle inspection stops. Work to be performed under this program consists of a wide variety of custodial maintenance in connection with existing restrooms, fountains and picnic areas.

11.

Landscape Program. This program refers to the treatment maintenance and replacement of all vegetative material planted within the State Highway right of way. Work includes watering, fertilizing, plant replacement, weed control by hand and mechanical means and tree trimming.

12.

Bridge and Pump Maintenance Program. The Bridge and Pump Maintenance Program includes work performed on all structures which provide for passage of highway traffic over, through or under obstacles and/or qualify for bridge numbers as assigned by the Division of Structures.

13.

Tubes, Tunnel and Ferry Maintenance Program. The Tubes, Tunnel and Ferry Maintenance Program includes maintenance and repair of tunnels, tubes, ferries and docks or slips. Tunnel or tube maintenance includes washing, cleaning, tile repair and the maintenance of electro-mechanical equipment. Tunnel structural repairs will be performed under this program when covered by approved Division of Structures reports of work needed.

14.

Bridge Painting Program. This program involves bridge maintenance painting performed in conformance with the requirements of air pollution control and water quality control agencies having jurisdiction.

15.

Miscellaneous Safety Projects. Elimination of hazards within the operating areas or the operating right of way or projects modifying existing features such as curbs, dikes, headwalls, slopes, ditches, drop inlets, signals and lighting, etc., within the right of way to improve roadside safety.

16.

Major Damage Maintenance, Repair and Restoration. Provides temporary road openings and related maintenance and returns highway facilities to serviceable states as rapidly as possible following major damage from storms; earthquakes, tidal waves; ship, train or vehicle collisions; gasoline truck fires; aircraft crashes, and all other kinds of physical violence. (NOTE: These items may be developments rather than repair or maintenance activities, but would be subject to the emergency permit provisions of the coastal Act. Inquiries should be directed to the Regional Commission staff if at all possible, prior to commencement of construction.)

17. Miscellaneous Alterations.

a.

Installation, modification or removal of regulatory, warning or informational signs, according to the standards of the State Department of Transportation Uniform Sign Chart.

b.

Traffic channelization - improvements to local service and safety by delineation of traffic routes through the use of curbs, dikes, striping, et., including turn pockets, where construction is performed by State Department of Transportation Maintenance Department or equivalent activities by local road departments.

c.

Maintenance of existing bicycle facilities.

Modification of traffic control systems and devices including addition of new elements such as signs, signals, controllers, and lighting.

e.

Devices such as glare screen, median barrier, fencing, guard rail, safety barriers, energy attenuators, guide posts, markers, safety cable, ladders, lighting, hoists, paving grooving.

f.

Alteration or widening of existing grade separation structure where the primary function and utility remains unaltered.

g.

Minor operational improvements such as median and side ditch drainage facilities, where not subject to review under Section 1601 of the Fish and Game Code or involving excavation or disposal of fill outside of the roadway prism.

h.

Modification, upgrading, alteration, relocation, or removal of railroad trade crossings, railroad grade crossing protection, and the construction of bus and truck stop lanes at railroad grade crossings.

APPENDIX D: - GUIDELINES FOR MINOR CHANGES TO LAND USE AND COASTAL DEVELOPMENT PERMITS

The following guidelines shall be used by the planning and development department to determine if a minor change to an approved or issued Land Use/Coastal Development permit can be allowed without requiring a new permit.

1.

The proposed change would otherwise be exempt form BAR review pursuant to Section 35-184.3.

2.

The proposed change would otherwise be exempt from Land Use and Coastal Development Permits pursuant to Section 35-169.2 (e.g., interior alterations, windows, skylights, decks).

3.

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

4.

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

5.

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

6.

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

7.

The change does not result in the removal of a specimen tree(s).

8.

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

9.

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

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

APPENDIX E: - ADMINISTRATIVE GUIDELINES FOR IMPLEMENTING MEASURE A96 - VOTER APPROVAL INITIATIVE

(Adopted and Incorporated by Reference by Ordinance No. 4234, 07/23/1996)

The following guidelines are intended to clarify and assist with the implementation of the Voter Approval Initiative, Measure A96, as approved by the electorate on March 26, 1996. Pursuant to the mandate of the initiative as incorporated in Section 35-150.1 of Article II, "any legislative approvals which would authorize or allow the development, construction, installation, or expansion of any onshore support facility for offshore oil and gas activity on the South Coast of the County of Santa Barbara (from Point Arguello to the Ventura County border) shall not be final unless such authorization is approved, in the affirmative, by a majority of the votes cast by the voters of the County of Santa Barbara in a regular election.

1.

Legislative Acts - Only those onshore support projects requiring legislative acts are subject to referendum. Acts by local legislatures (the Board of Supervisors) that are "administrative", "executive", or "quasijudicial" are not subject to referendum. Whether an action is "legislative" or not is determined by the courts on a case-by-case basis, considering legal principles and applicable facts and circumstances. The basic definitions are:

An action is "legislative" if it prescribes new policy or plan.

An action is "administrative" if it applies existing policy.

General Plan amendments and rezones are legislative actions.

Not all discretionary actions by the Board of Supervisors are legislative. The granting of discretionary permits, decisions on appeals, and similar actions are discretionary actions but are not usually legislative actions.

Development Plan approvals are not ordinarily legislative actions. A Development Plan may be a legislative action if it makes major land use changes or prescribes new policy or plan. Although Development Plans are listed as types of legislative approvals subject to voter approval under Measure A96, only those Development Plans that as a matter of law are "legislative actions" may constitutionally be subject to referendum.

are not ordinarily legislative actions. A Development Plan may be a legislative action if it makes major land use changes or prescribes new policy or plan. Although Development Plans are listed as types of legislative approvals subject to voter approval under Measure A96, only those Development Plans that as a matter of law are "legislative actions" may constitutionally be subject to referendum.

Projects which are determined to be "exempt" from County permits, even if the exemption leads to a change in use or intensity, are administrative actions under California law and are not subject to referendum. Similarly, decisions that a project is entitled to a zoning variance are typically not considered legislative acts. Determinations as to "vested rights" under existing permits are quasi-judicial decisions not subject to referendum.

Repair and maintenance projects are processed administratively under Article II, Appendix C and do not require legislative approvals.

Limited Exception Determinations for nonconforming industrial uses granted pursuant to Section 35-161.7 or other similar permits for minor modifications that do not expand or extend the life of an existing facility are not legislative approvals.

2.

Onshore Support Facilities - Measure A96 voter referenda apply solely to legislative approvals of onshore support facilities, defined in the initiative as: "... any land use, installation, or activity proposed to effectuate or support the exploration, development, production, storage, processing, or other activities related to offshore energy resources."

Onshore support facilities include those which, by their nature, are specific and directly related to offshore oil and gas development, but do not include facilities incidental or indirectly related to onshore support of offshore energy resource activities. The determination of whether a particular facility requiring a legislative approval is incidental or indirect, is subject to a case-by-case review.

Measure A96 applies to onshore support facilities within the South Coast area, defined as Point Arguello to the Ventura border. Projects north of Point Arguello are not subject to voter referendum, nor are projects within Article IV of the County Zoning Ordinances (Montecito area).

Measure A96 does not apply to projects within cities or on other lands exempt from the County's Zoning Ordinance pursuant to Article II, Section 35-51.

Onshore pipeline projects are specifically exempt from Measure A96.

Onshore support facilities that are located entirely within the existing approved consolidated oil and gas processing sites at Las Flores Canyon or Gaviota are specifically exempt from Measure A96. The approved consolidated oil and gas processing sites for Measure A96 purposes are defined as any and all land within

those parcels designated as of June 13, 1995 as APN 81-220-14, 81-230-19 (Las Flores Canyon), or 81130-07, 81-130-52, and 81-130-53 (Gaviota).

3.

Procedures for Implementing Measure A96 - Elections to consider Board-approved projects would occur at the next regular election according to timelines provided in the California Elections Code.

The California Coastal Commission must approve any changes to the Local Coastal Plan or Coastal Zoning Ordinance. Therefore, the order of "actions" on an onshore support facility project that is determined to be subject to Measure A96 would be:

a)

Board of Supervisors approval;

b)

Project consideration by the voters of Santa Barbara County;

c)

Project consideration by the California Coastal Commission.

Under the California Coastal Act, the Coastal Commission can review Board denials of oil and gas projects and may consider amending the County's Coastal Land Use Plan or Coastal Zoning Ordinance if the County elects not to, provided certain findings can be made under Public Resources Code Section 30515. If the voters reject a Board-approved Coastal Plan or Zoning Ordinance amendment of energy facility development, the project proponent may request approval of the amendment by the Coastal Commission. Actions by the California Coastal Commission are not subject to voter approval pursuant to Measure A96.

APPENDIX F: - GUIDELINES FOR TELECOMMUNICATION SITES IN RURAL AND INNER RURAL AREAS

(Adopted by the Board of Supervisors, 02/09/1999)

These guidelines implement the requirements contained in Article II of the County Code for telecommunication sites. Special circumstances may dictate deviation from these guidelines based on recommendations of the BAR and the determination of the decision-maker.

A.

Site Design.

1.

Berming/Bunkering

a.

If ground equipment cannot be screened by natural topography and/or existing vegetation, and the provision of new landscape screening is not considered feasible or appropriate, the equipment areas may

be screened through the use of bunkers, low berms, or a combination of both.

b.

Bunker walls should not be visible from public viewing areas.

c.

Low berms (2 to 3 feet) may be used on sides of the facility visible from public roadways. The berms should be naturally contoured using excess cut material from the site.

d.

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

e.

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

2.

Fencing.

a.

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

b.

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

c.

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

d.

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

e.

Solid inserts in the fencing will be discouraged.

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

4.

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

5.

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

6.

Vegetation.

a.

Site design should minimize impacts to existing vegetation.

b.

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

c.

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

B.

Collocation/Trenching.

1.

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

2.

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

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

C.

Visual Impacts.

1.

Colors.

a.

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

b.

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

c.

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

d.

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

e.

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

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

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

Equipment (including fencing), and in some cases, antennas within a grassland (example, ridges around Los Alamos and Los Olivos) = green/tan, e.g. Frazee "Wild Grasses" (8175D), Frazee "Backpack" (8664M), or Frazee "Muddy River" (8674M).

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

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

g.

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

h.

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

APPENDIX G: - CANNABIS ACTIVITIES ADDITIONAL STANDARDS

A.

Tree Protection Plan.

1.

Where avoidance of pruning, damage, or removal of a native tree is not feasible, the Applicant for a land use entitlement for a commercial cannabis activity that would involve pruning, damage, or removal of a native tree, shall prepare and submit to the Department a Tree Protection Plan prepared by a Departmentapproved arborist designed to determine whether avoidance, minimization, or compensatory measures are necessary.

2.

The Plan shall include:

a.

Biologically favorable options for access roads, utilities, drainages, and structure placement, taking into account native tree and shrub species, age, and health with preservation emphasized.

b.

Designated development envelopes. Include utility corridors, irrigation lines, roadways, driveways, etc.

c.

Equipment storage (including construction materials, equipment, fill soil, or rocks) and construction staging and parking areas outside of the protection area.

d.

The type and location of protective fencing or other barriers to be in place to protect trees in protection areas during construction.

e.

The location of all tree wells or retaining walls. These shall be located outside the area within six feet of the dripline of all protected trees unless authorized by the County.

f.

The location of all paths within 25 feet of dripline areas. Only pervious paving materials are permitted within 6 feet of dripline areas.

g.

The location of any replacement trees.

3.

During construction these standards shall be met:

a.

All trees shall be protected by a fence located at least 6 feet outside of the dripline. Fencing shall be at least 3 feet high, staked to prevent any collapse, and with signs identifying the protection area placed in 15-foot intervals on the fencing.

b.

All grading and construction fencing, staking, and signage shall be maintained.

c.

All trees located within 25 feet of buildings shall be protected from stucco and/or paint.

d.

No irrigation is permitted within 6 feet of the dripline of any protected tree unless specifically authorized.

e.

If the use of hand tools is deemed infeasible by the Director, work with rubber-tired construction equipment weighing 5 tons or less may be authorized by the Director. If significant large rocks are present, or if soil placement will impact surrounding trees, then a small tracked excavator may be used as determined by the Director or Department-approved biologist.

f.

A Department-approved arborist shall direct and oversee any development activity required within the dripline or sensitive root zone of any specimen tree. Any roots of one inch in diameter or greater which are encountered during grading or construction, and/or tree removal or trimming, must be cleanly cut.

g.

Grading shall be designed to avoid ponding and ensure proper drainage within driplines of oak trees.

h.

The Applicant shall designate a Department-approved arborist to be onsite throughout all grading and construction activities which may impact native trees. Duties of the arborist include the responsibility to ensure all aspects of the approved Tree Protection Plan are carried out.

4.

Replacement trees shall be installed in compliance with the following standards:

a.

The replacement trees must be a native species, planted at a 10:1 ratio for native trees (15:1 for Blue or Valley Oaks).

b.

The replacement trees must be species from locally obtained plants and seed stock.

c.

The replacement trees must be gopher-fenced.

d.

The replacement trees must be irrigated with drip irrigation on a timer until established.

e.

The replacement trees must be weaned off of irrigation over a period of 2 to 3 years.

f.

No replacement tree shall require permanent irrigation within the dripline of any tree.

g.

If replacement trees cannot all be accommodated on the same lot, the Applicant shall submit a plan for replacement trees to be planted offsite.

h.

The replacement trees must be protected from predation by wild and domestic animals and from human interference by the use of staked, chain link fencing and gopher fencing during the maintenance period.

5.

The Applicant shall install all measures identified by the Tree Protection Plan onsite prior to commencement of cannabis activities, as applicable. All such measures shall be indicated on final plans.

6.

Prior to issuance of the cannabis permit, the Applicant shall submit the Tree Protection Plan to the Department for review and approval. The Applicant shall implement all tree protection measures of the Tree Protection Plan pursuant to the specific timing requirement for each measure set forth in the Tree Protection Plan.

7.

The Department shall dispatch, on an ongoing basis, a qualified inspector to monitor and ensure compliance with the Tree Protection Plan.

B. Habitat Protection Plan

1.

Where avoidance of environmentally sensitive habitat (ESH) and ESH buffers is not feasible and would preclude reasonable use of the property, the Applicant for a land use entitlement for a cannabis activity that would involve impacts to environmentally sensitive habitat, shall prepare and submit a Habitat Protection Plan prepared by a Department-approved biologist, in coordination with the U.S. Fish and Wildlife Service (USFWS) and California Department of Fish and Wildlife (CDFW) as required for State or Federal permits and State or Federally listed species, that includes siting and design measures necessary to ensure that the project will avoid impacts to ESH to the maximum extent feasible, and will minimize and mitigate unavoidable impacts.

2.

Focused species-specific surveys shall be required to determine whether a sensitive species or nesting bird may be present, and shall be conducted at the appropriate time of year and time of day when that species is active or otherwise identifiable. Where warranted by the findings of initial review, protocol level surveys may also be required.

3.

If the project site is located within the known habitat of a species listed as rare, threatened, or endangered by the USFWS and/or CDFW, the issuance of a permit does not relieve the permit-holder of any duties, obligations, or responsibilities under the Endangered Species Act or any other law.

4.

The Plan shall include:

a.

The location and extent of all driplines and sensitive root zones for all vegetation to be preserved.

b.

The location of sensitive habitat with a detailed description of proposed disturbance.

c.

Original and new locations for replanted species.

d.

Designated development envelopes. Include utility corridors, irrigation lines, roadways, driveways, etc.

e.

Equipment storage (including construction materials, equipment, fill soil, or rocks) and construction staging and parking areas.

f.

Environmentally sensitive habitats (ESH), including but not limited to those listed below, and their buffers shall be preserved.

(1)

Southern Vernal Pool

(2)

Valley Needlegrass Grassland

(3)

Southern California Coastal Lagoon

(4)

Southern California Steelhead Stream

(5)

Southern California Threespine Stickleback Stream

(6)

Coastal and Valley Freshwater Marsh

(7)

Northern and Southern Coastal Salt Marsh

(8)

Central Coast Arroyo Willow Riparian Forest

(9)

Southern Coast Live Oak Riparian Forest

(10)

Southern Cottonwood Willow Riparian Forest

(11)

Southern Willow Scrub

(12)

Central Maritime Chaparral

g.

During construction all ESH shall be temporarily fenced with chain-link or other material satisfactory to the Department, at least 200 feet from the edge of the ESH, and staked to prevent any collapse.

h.

During construction and grading, all fencing, staking, and barriers shall be maintained.

i.

During construction all grading activities shall be designed to ensure that habitat areas have proper drainage during and after construction, per a Department-approved biologist's recommendations.

j.

If any ground disturbances will occur during the nesting bird season (February — mid-September), prior to any ground disturbing activity, surveys for active nests shall be conducted by a Department-approved biologist following CDFW approved protocols, no more than 10 days prior to the start of activities. The surveys shall be conducted in a sufficient area around the work site to identify any nests that are present and to determine their status. Identified nests shall be continuously surveyed for the first 24 hours prior to any activities to establish a behavioral baseline. Once work commences, all nests shall be continuously monitored to detect any behavioral changes. If behavioral changes are observed, the work causing that change shall cease and CDFW shall be consulted for additional avoidance and minimization measures. A minimum no disturbance buffer of 250 feet around active nests of non-listed bird species and a 500 feet no disturbance buffer around the nests of unlisted raptors shall be maintained until the breeding season has ended, or until the biologist determines that the birds have fledged and are no longer reliant upon the nest or parental care for survival. The minimum buffer set by USFWS or CDFW shall be maintained for identified nests of any listed species. Any variance from these buffers shall be supported by the biologist and CDFW shall be notified in advance of implementation of a no disturbance buffer variance.

Applicants shall submit information about proposed pest management practices, including Integrated Pest Management techniques and proposed use, storage, and application of pesticides, herbicides, and/or rodenticides by type and amount as part of a Pest Management Plan to be reviewed and approved by the Department and the County Agricultural Commissioner (CAC) prior to issuance of a land use entitlement for the proposed cannabis activity. The Pest Management Plan shall describe the methods to be used for pest control, including the type, location, timing, and methods used for any rodenticide. If rodents are a pest issue for an applicant, non-toxic alternatives to rodenticides are recommended, such as mechanical controls like traps, gopher fencing, and weeding; biological controls such as natural pheromones; or cultural controls such as site maintenance and hygiene. The use of rodenticides containing any anticoagulant compounds is prohibited. Consistent with the California Department of Pesticide Regulation (DPR) determination that commercially grown cannabis is an agricultural commodity, cannabis cultivation on all licensed sites shall comply with the requirements of Division 6 and 7 of the Food and Agricultural Code and pertaining regulations. These laws and regulations set forth requirements for the legal use of pesticides, herbicides, and/or rodenticides, and are enforced by the CAC. Any uses of pesticide, herbicide, or rodenticide products shall be consistent with these requirements and any products on the site shall be placed, used, and stored in a manner that ensures that they will not enter or be released uncontrolled into the environment, including surface or ground waters. Per the California DPR's established regulatory process, commercial cannabis cultivators planning on using pesticides, herbicides, and/or rodenticides shall obtain an Operator Identification Number from the CAC before they can purchase or use these chemicals. Within the Pest Management Plan, the applicant shall demonstrate sufficient knowledge of regulatory requirements regarding the safe and effective use of pesticides and/or rodenticides. Applicants that opt to use rodenticides shall provide an annual report of rodenticide use data to the CAC and County permitting.

5.

Subsequent actions identified as necessary in the Habitat Protection Plan, such as species removal or relocation, shall be initiated following any required consultation with USFWS and CDFW pursuant to Federal and State regulations (respectively).

6.

The Applicant shall install all measures identified by the Habitat Protection Plan prior to commencement of cannabis activities or as otherwise specified in the Habitat Protection Plan. All necessary requirements identified in the Habitat Protection Plan such as buffers, species monitoring, and plant species replacement, shall be indicated on final plans.

7.

The Applicant shall submit a Habitat Protection Plan to the Department and demonstrate that all requirements pertaining to the Habitat Protection Plan have been implemented and completed prior to issuance of permits or licenses for cannabis activities.

8.

The Department shall dispatch on an ongoing basis a qualified inspector to monitor and ensure compliance with the Habitat Protection Plan.

C. Wildlife Movement Plan.

1.

Where avoidance of wildlife movement areas is not feasible, the Applicant shall prepare a Wildlife Movement Plan for all commercial cannabis activities proposed in or near wildlife movement areas for the Department's review and approval. A Department-approved biologist shall review the Plan and confirm the adequacy of design for passage of smaller wildlife and safe prevention of entry by larger mammals, such as deer. The Applicant shall demonstrate to the Department that all perimeter fencing requirements are in place as required prior to commencement of cannabis activities. The Plan shall include:

a.

The type, material, length, and design of proposed fencing.

b.

Proposed fencing shall be designed to accommodate the passage of smaller wildlife and safe prevention of entry by larger mammals, such as deer, and be non-disruptive, wildlife-friendly fencing, such as post and rail fencing, wire fencing, and/or high-tensile electric fencing.

c.

Analysis of the proposed fencing in relation to the surrounding opportunities for migration.

APPENDIX H: - AGRICULTURAL BUFFER IMPLEMENTATION GUIDELINES

I.

Purpose and Intent. The Agricultural Buffer Implementation Guidelines (Guidelines) are intended to assist planners and the decision-maker in implementing the requirements contained in Section 35-144O (Agricultural Buffers). Specifically, the guidelines assist with (1) determining buffer widths for a proposed project, (2) identifying locations of proposed development and land uses allowed within the agricultural buffer (3) clarifying the process and, (4) incorporating site design concepts that are compatible with agriculture.

II.

Agricultural Buffer Width Adjustment. The Agricultural Buffer Width table in Section 35-144O.D (Agricultural Buffer Requirements) contains ranges for the buffer width. The minimum buffer width minimizes potential land use conflicts to a reasonable, typical level. However, ranges are provided because circumstances may require the buffer width to be adjusted.

A.

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

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

2.

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

3.

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

4.

Historical land use on the agricultural lot. The agricultural lot may currently be fallow, in between plantings, planted with a temporary crop (such as a cover crop) or may have supported crops in the past. Therefore, if the agricultural lot is not currently used for agriculture, a buffer may still be warranted if the lot was used for agriculture within the last 10 years. If the project applicant claims a buffer is not required due to existing lack of agriculture on the agriculturally zoned lot, the project applicant must prove the land was not used for agriculture within the last 10 years. The Planning and Development Department of Conservation's Important Farmland Maps and aerial imagery can provide historical agricultural use information.

5.

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

6.

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

7.

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

B.

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

1.

Non-agricultural lot size and configuration. If a lot cannot reasonably accommodate a buffer increase because of lot size or configuration, consider redesigning the project or applying the minimum buffer width. Refer to Section 35-144O.D.6 (Reasonable use) of this Article.

2.

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

3.

Vegetative screening adjacent to Production Agriculture. In compliance with Section 35-144O.D.3.b of this Article, if the project is adjacent to production agriculture and site specific factors warrant a buffer width increase, vegetative screening may be used to offset an increase in the buffer width. For example, a commercial development proposed adjacent to production agriculture would require a minimum 100 foot buffer as per Section 35-144O.D.1of this Article. The Planning and Development Department and Agricultural Commissioner's Office may recommend a buffer width increase due to site specific factors (e.g. increase an additional 50 feet or 100 feet). The Planning and Development Department and Agricultural Commissioner's Office may also recommend the use of a vegetative screen and reduce the buffer width increase. The vegetative screen may mitigate only a portion of the buffer width increase (e.g. offset 50 feet of a 100 feet buffer width increase).

C.

If the agricultural lot contains both Production Agriculture and Rangeland or Pastureland and the Production Agriculture is not immediately adjacent to common lot line between the project site and the adjacent agriculturally zoned lot where the Production Agriculture is located, Section 35-144O.D.1.b (Agricultural buffer width) of this Article describes how to determine the buffer width. The following steps and diagrams illustrate how to determine the buffer width for those scenarios.

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

==> picture [180 x 167] intentionally omitted <==

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

==> picture [180 x 176] intentionally omitted <==

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

==> picture [180 x 173] intentionally omitted <==

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

==> picture [180 x 168] intentionally omitted <==

III.

Allowable Uses Within Agricultural Buffers. Section 35-144O.E (Allowable uses within Agricultural Buffers) specifies unrestricted uses and restricted uses within the buffer.

A.

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

B.

Restricted Use Modification. The Planning and Development Department, in consultation with the Agricultural Commissioner's Office, may recommend that the decision-maker modify a restricted use within the agricultural buffer if it can be determined that strict compliance with Section 35-144O.E (Allowable uses within Agricultural Buffers) is not required to minimize conflicts with adjacent agriculture. To determine if the restricted use modification is warranted, the Planning and Development Department may consider site specific factors, agricultural practices and input from adjacent agricultural land owners/ property operators.

IV.

Application Procedures.

A.

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

B.

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

C.

Recommendations. For all discretionary development applications subject to the provisions of Section 35144O (Agricultural Buffers) of this Article, the Planning and Development Department in consultation with the Agricultural Commissioner shall review the permit application and make recommendations to the decision-maker concerning buffer width, uses within the buffer, the Landscape, Lighting and Irrigation Plan, and the Buffer Maintenance Plan.

V.

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

A.

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

B.

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

C.

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

D.

Clustering of buildings to maximize buffering between residences and agriculture.

APPENDIX I: - BIOLOGICAL STUDY REQUIREMENTS WITHIN THE GAVIOTA COAST PLAN AREA

Site-specific biological studies must include, at a minimum, the following elements:

1.

Introduction. The introduction shall describe the proposed project, include historical and current aerial photographs and maps that provide both a regional context and local detail, and provide photographic documentation of the existing condition of the proposed development site. The introduction must also contain a discussion of the physical characteristics of the proposed development site, including, topography (e.g., slope orientation), soil types, habitat and/or wildlife migration corridors, and microclimate.

2.

List of Potential Sensitive Species/Habitats. A list of sensitive species and habitats that could occur on the site must be included as an appendix to the report. This list can be generated from the California Natural Diversity Database and other reliable sources. Sensitive species include rare, threatened, or endangered species that are designated or are candidates for listing under State or Federal Law, California Native Plant

Society "1B" or "2" listed species, those species identified as State "fully protected species" or "species of special concern," and any other species and habitats for which there is compelling evidence of rarity or are especially valuable because of their special nature or role in an ecosystem. The consulting biologist must then examine the site and determine whether the various species are present at the time of the survey or whether they are likely to be present at other times based on a habitat analysis and professional opinion.

3.

Results of Field Surveys.

a.

Biological surveys must consist of field survey methods appropriate to the species or habitat being surveyed. Protocol-level surveys (consult California Department of Fish and Wildlife (DFW), U.S. Fish and Wildlife Service (USFWS), National Marine Fisheries Service (NMFS), etc.) are required for those sensitive species likely to occur on the proposed development site.

b.

The biological report must contain a discussion of all field methods actually employed, including the methods for formal protocol surveys. The detailed survey protocols for particular sensitive habitats or species may be placed in an appendix, but simply referencing another document is not acceptable.

c.

The consulting biologist must identify and map within polygons all the vegetation community types present on the proposed development site. The location of observed sensitive plant or animal species shall also be shown on the map.

d.

When chaparral and/or coastal sage scrub habitat is identified, provide information about patch size and connectivity, presence of invasive/non-native species (the area covered, number of, and/or, percent cover of invasive/non-native plant species), identification of area and type(s) of disturbance, and the proximity to development.

e.

Where trees suitable for nesting or roosting or significant foraging habitat are present, the consulting biologist shall search for evidence of sensitive bird species and raptor use. If there is independent evidence of significant sensitive bird species or raptor use on or near the proposed development site, formal protocol survey(s) must be conducted.

f.

Potential wetland areas, including one parameter wetlands, must be identified and mapped as part of the biological assessment. These areas must be subjected to a formal, technical wetland delineation following the methods in the 1987 Army Corps of Engineers Wetland Delineation Manual and the 2008 Arid West Supplement.

g.

The general biological context of the project site and a description of the actual wildlife use at the time of the assessment and an estimate of probable additional wildlife use. This description will result from the consulting biologist's visual and auditory search for birds and mammals or their sign and a search of leaf litter and under rocks for amphibians or reptiles.

h.

If oak trees are present within 25 feet of the proposed development site, an oak tree report and associated survey map shall be prepared by a qualified arborist or resource specialist that identifies and describes all existing oak trees within 25 feet of the proposed development site. The oak tree report must identify the existing health of each oak tree, potential impacts of development on each oak tree, including whether each oak tree is proposed to be removed, to have a substantial encroachment into its protected zone, or a minor encroachment. The report shall contain recommendations for avoiding, minimizing, and/or mitigating oak tree impacts. Oak tree canopy delineations must be conducted by a licensed surveyor, a qualified arborist, or other resource specialist with the expertise to accurately depict the dripline and the protected zone (six feet from the dripline or 15 feet from the trunk(s), whichever is larger) for each oak tree on the survey map. The oak tree canopy delineations must be current (conducted within one year prior to the submittal of the permit application), though project impacts will be addressed based on on-the-ground conditions at the time the application is considered. Include a site plan that shows the development in relation to all oak tree driplines/protected zones that are within 25 feet of any structure or other development and show setback(s) from the proposed development to the protected zones.

i.

In addition to an oak tree report, if sycamore, walnut, bay, or any other species of native trees are present within 25 feet of the proposed development site, a native tree report and associated survey map, prepared by a qualified arborist or resource specialist that identifies and describes all existing native trees within 25 feet of the proposed development site, must be prepared. The report must identify the existing health of each native tree, potential impacts of development on each native tree, and whether each native tree is proposed to be removed, to have substantial encroachment into its protected zone, or minor encroachment. The report shall contain recommendations for avoiding, minimizing, and/or mitigating impacts to native trees.

4.

Discussion.

a.

The biological assessment must contain a map that shows the biological features of the proposed development site with an overlay of the proposed project. The consulting biologist must identify and analyze the potential biological impacts of the proposed development and distinguish between permanent and temporary impacts. The duration of temporary impacts must be specified. Possible cumulative biological impacts must also be discussed.

The report must identify any unauthorized development, including grading or vegetation removal, that may have contributed to degradation or elimination of habitat area or species that would otherwise be present on the proposed development site prior to the unauthorized development. Review of historic aerial images, record searches, the results of site-specific surveys in the vicinity, and other available evidence should be used to determine the extent and type of habitat present before the unauthorized development occurred. Habitat that constitutes ESH shall not be deprived of protection as ESH on the basis that is has been illegally removed or degraded.

c.

The report shall include an analysis of the frequency of wildfires affecting the proposed development site, the length of time since the last burn, and the impact of fire on the natural habitat on site.

d.

Finally, the report must discuss the steps that will be taken to avoid and minimize impacts to sensitive resources, and present a plan to mitigate permissible unavoidable impacts.