Division 10 — NONCONFORMING STRUCTURES AND USES

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.

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

Processing.

a.

Review for compliance. The Director shall review the Zoning Clearance application for compliance with 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, including any discretionary approvals applicable to the site and issue, conditionally issue or deny the request. A Zoning Clearance shall not be issued by the Director until:

1)

All necessary prior approvals have been obtained.

2)

The Director has determined that the subject property is in compliance with all laws, regulations, and rules pertaining to zoning uses, subdivisions, setbacks, and any other applicable provisions of this Article, and if applicable, that zoning violation enforcement and processing fees, as established from time to time by the Board, have been paid. This Subsection shall not be interpreted to impose new requirements on nonconforming structures and uses in compliance with Division 10 (Nonconforming Structures and Uses).

b.

Decision not subject to appeal. The action of the Director to issue, conditionally issue or deny a Zoning Clearance, is final and not subject to appeal.

c.

Design Review required. A Zoning Clearance for any structure that requires Design Review shall not be issued until the structure receives final Design Review approval in compliance with Section 35-184 (Board of Architectural Review).

d.

Zoning Clearance subject to resolution of the Board. If a Zoning Clearance is requested for property subject to a resolution of the Board initiating a rezoning or amendment to this Article, a Zoning Clearance shall not be issued or conditionally issued 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 Major Conditional Use Permit or Minor Conditional Use Permit approved in compliance with Section 35-172 (Conditional Use Permits) or 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 Major Conditional Use Permit or Minor Conditional Use Permit or Preliminary or Final Development Plan.

5.

Permit expiration and extension.

a.

A Zoning Clearance shall remain valid only as long as compliance with all applicable provisions of this Article and the Zoning Clearance conditions continues.

b.

An issued Zoning Clearance shall expire two years from the date of issuance and shall be considered void and of no further effect unless:

1)

The use or structure for which the Zoning Clearance was issued has been established or commenced in compliance with the issued Zoning Clearance, or

2)

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

6.

Minor changes to Zoning Clearances. Minor changes to an issued Zoning Clearance may be allowed provided the changes substantially conform to the issued Zoning Clearance. A request to allow a minor change shall be processed in compliance with the following:

a.

The Director may approve a minor change to a Zoning Clearance, subject to all of the following:

1)

The Director determines that the minor change substantially conforms to the approved plans and the originally approved or issued permit.

2)

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

3)

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.

4)

The Zoning Clearance has not expired.

5)

The minor change is exempt from Design Review in compliance with Section 35-184 (Board of Architectural Review).

b.

Where a minor change of an issued Zoning Clearance is approved, the Zoning Clearance shall have the same effective and expiration dates as the original Zoning Clearance and no additional public notice shall be required.

c.

Where it cannot be determined that the minor change materially conforms to an approved or issued Zoning Clearance in compliance with the above criteria, a new Zoning Clearance shall be required.

d.

The determination to allow a minor change to an issued Zoning Clearance is final and not subject to appeal.

7.

Zoning Clearance revocation. Issuance of a Zoning Clearance is contingent upon compliance with all conditions imposed as part of the project approval and with all applicable provisions of this Development Code. If it is determined that development activity is occurring in violation of any or all such conditions or provisions, the Director may revoke the permit or clearance and all authorization for development in compliance with the following:

a.

Notification. Written notice of such Revocation shall be provided to the permittee.

b.

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

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).

3)

4)

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).

5)

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

6)

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 35-172.8 (Findings Required for Approval) that were made in conjunction with the initial approval of the Conditional Use Permit or Minor Conditional Use Permit can still be made.

b.

Discontinuance of use. 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 that a Conditional Use Permit or Minor Conditional Use Permit would become void and automatically revoked due to discontinuance of use in compliance with Section 35-172.9.4 (Conditional Use Permit void due to discontinuance of use) one time for good cause shown in compliance with the following:

1)

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).

3)

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

4)

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).

5)

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

3.

Development Plans (Preliminary and Final).

a.

Extension of permit approval. The decision-maker responsible for reviewing and making a decision on the Development Plan 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 Development Plan one time for 12 additional months for good cause shown in compliance with the following:

1)

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).

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 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)

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

6)

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 35-174.7 (Findings Required for Approval) that were made in conjunction with the initial approval of the Development Plan can still be made.

b.

Expiration. A Development Plan shall expire 12 months from the effective date of the extension or two years from the expiration date of the initial effective date of approval of the Development Plan, whichever occurs first.

4.

Land Use Permits. The Director may extend the expiration of an approved or conditionally approved, or an issued, Land Use Permit one time for 12 additional months for good cause shown in compliance with the following:

a.

b.

Notice of the application shall be given in compliance with Section 35-181.7 (Time Extensions for Applications Under the Jurisdiction of the Director).

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).

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 35-178.5 (Findings Required for Approval of a Land Use Permit) that were made in conjunction with the initial approval of the Land Use Permit can still be made.

5.

Modifications. The Director may extend the approval of an approved or conditionally approved Modification one time for 12 additional months for good cause shown in compliance with the following:

a.

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.

b.

Notice of the application shall be given in compliance with Section 35-181.7 (Time Extensions for Applications Under the Jurisdiction of the Director).

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.

Notice that a public hearing shall be held upon request by any person is provided to all persons who would otherwise be required to be notified of a public hearing as well as any other persons known to be interested in receiving notice in compliance with Section 35-181 (Noticing).

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.

Limited Commercial (C-1) zone.

The proposed use is similar in character to those listed as permitted uses in the C-1 zone.

b.

The proposed use is not more injurious to the health, safety or welfare of the neighborhood than those listed as permitted uses in the C-1 zone because of dust, odor, noise, smoke or vibration.

2.

Retail Commercial (C-2) zone.

a.

The proposed use is similar in character to those listed as permitted uses in the C-2 zone.

b.

The proposed use is not more injurious to the health, safety or welfare of the neighborhood than those listed as permitted uses in the C-2 zone because of danger to life or property, dust, odor, noise, smoke, vibration, or similar causes.

3.

Highway Commercial (CH) zone. The proposed use is a commercial establishment operated primarily for the purpose of serving the essential needs of travelers on highways.

4.

Industrial Research Park (M-RP) zone.

a.

The proposed use is similar in character to those listed as permitted uses in the M-RP zone.

b.

The proposed use is not more obnoxious or offensive than those listed as permitted uses in the M-RP zone because of danger to life or property, dust, odor, noise, smoke, vibration, or similar causes.

5.

Public Utilities (PU) and Recreation (REC) zones. The proposed use is similar in character to those listed as permitted uses in the applicable zone.

6.

Transportation Corridor (TC) zone. The proposed use is determined to be required for the purpose of operating a railroad or highway.

F.

Applicable standards and permit requirements. When the Commission determines that a proposed, but unlisted, use is similar to a listed permitted use, the proposed use will be treated in the same manner as the listed use in determining where it is allowed, what permits are required, and what other standards and requirements of this Article apply.

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)

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, 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 35-144J (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.

b.

TC. Any other use which the Commission determines to be required for the purpose of operating a highway, railroad, or trail.

C.

Permit requirements. Proposed development and land uses shall comply with the following permit requirements, in addition to the requirements of a Building Permit or other permit required by the County Code. Unless exempt in compliance with Section 35-51B (Exemptions from Planning Permit Requirements), or Section 35-430.D (Exempt activities and structures), below, all development requires the issuance of a Coastal Development Permit in compliance with Section 35-169 (Coastal Development Permits), including development not specifically listed 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).

1.

General planning permit requirements. The land uses identified in Table 17-2 (Allowed Land Uses and Permit Requirements for the Gaviota Coast Plan Area) provide for land uses that are:

a.

Permitted subject to compliance with all applicable provisions of this Article, subject to first obtaining a Coastal Development Permit in compliance with Section 35-169 (Coastal Development Permits) or a Land Use Permit in compliance with Section 35-178 (Land Use Permits) as applicable. Permitted uses are shown in the table as either "PP," which denotes a Principal Permitted Use or "P," which denotes a non-principal Permitted Use. An action by the decision-maker to approve or conditionally approve a permit application for a non-Principal Permitted Use may be appealed to the Coastal Commission in compliance with Section 35-182.6 (Appeals to the Coastal Commission).

b.

Allowed subject to the approval of a Minor Conditional Use Permit in compliance with Section 35-172 (Conditional Use Permits) and shown as "MCUP" uses in the tables. An application for a Coastal Development Permit shall be processed concurrently and in conjunction with the application for the Minor Conditional Use Permit.

c.

Allowed subject to the approval of a Major Conditional Use Permit in compliance with Section 35-172 (Conditional Use Permits) and shown as "CUP" uses in the tables. An application for a Coastal Development Permit shall be processed concurrently and in conjunction with the application for the Major Conditional Use Permit.

d.

Allowed as an exempt use as listed in Section 35-51B (Exemptions from Planning Permit Requirements) or in Section 35-430.D (Exempt activities and structures). The exempt use or structure is exempt only if it is in

compliance with the requirements of Section 35-51B (Exemptions from Planning Permit Requirements) or Section 35-430.D (Exempt activities and structures).

e.

Allowed subject to the type of County approval required by a specific provision of this Article and shown as "S" uses in the tables.

f.

Not allowed in particular zones and shown as "—" in the tables.

g.

Where the last column ("Specific Use Regulations") in Table 17-2 (Allowable 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, Development Plan, or Major or Minor Conditional Use Permit, and/or may establish other requirements and standards applicable to the use.

2.

Coastal Development Permit. Proposed development and land uses within the Coastal Zone portion of the Gaviota Coast Plan area shall require the issuance of a Coastal Development Permit in compliance with Section 35-169 (Coastal Development Permits), unless otherwise indicated in this Division or if located within the retained permit jurisdiction of the Coastal Commission, in which case a Land Use Permit in compliance with Section 35-178 (Land Use Permits) is required following the issuance of a Coastal Development Permit by the Coastal Commission.

3.

Biological Study. In addition to other application requirements, an application for a Coastal Development Permit for proposed development, including fuel modification, within or with the potential to impact native habitat, habitat that may support sensitive species, habitat that may be part of a wildlife corridor, and/or an Environmentally Sensitive Habitat (ESH) area, as defined in Policy NS-4, shall include a detailed biological study of the site, prepared by a qualified biologist, or resource specialist. Site-specific conditions may dictate that additional study is required, such as protocol level surveys for listed species. At a minimum, the site-specific biological study must include the elements listed in Appendix I: Biological Study Requirements within the Gaviota Coast Plan Area.

D.

Exempt activities and structures. Within the Gaviota Coast Plan area, the following land uses, activities and structures are exempt from the requirements of this Article and Division to obtain a Coastal Development Permit in addition to those land uses, structures and activities enumerated in Section 35-51B (Exemptions from Planning Permit Requirements) provided compliance with Section 35-51B.A (General Requirements for Exemption) is demonstrated unless the development does not qualify as exempt pursuant to subsection B.1 of Section 35-51B (Exemption does not apply).

Animal keeping. Animal keeping when shown as an "E" in Table 17-3 (Animal Keeping in the Gaviota Coast Plan Area) in compliance with Section 35-450.B (Animal keeping).

2.

Cultivated agriculture, orchards, and vineyards, historic, ongoing use. Cultivated agriculture, orchards, and vineyards where the agricultural activities occur within existing areas of ongoing cultivated agriculture, orchards, and vineyards, including crop rotation, soil enhancement, compost application, creation of pollinator habitat, and irrigation system changes that support the ongoing use and enable the operation to respond to changing conditions, and where there is evidence of ongoing agricultural use on the site within the previous 20 year period do not constitute "development" and therefore do not require a permit. New or expanded cultivated agriculture, orchards, and vineyards are not exempt and shall be subject to the permit requirements of Table 17-2 (Allowed Land Uses and Permit Requirements for the Gaviota Coast Plan Area).

3.

Farmstands. Farmstands when in compliance with Section 35-460.E.1 (Farmstands).

4.

Grazing, historic, ongoing use. Grazing when located in existing areas of ongoing grazing, including the normal rotation of livestock from one pasture to another, fencing for pastures, rangeland enhancement, compost application, and livestock watering system changes that support the ongoing use and enable the operation to respond to changing conditions, and where there is evidence of ongoing grazing use on the site within the previous 20 year period does not constitute "development" and therefore does not require a permit. New or expanded grazing areas are not exempt and shall be subject to the permit requirements of Table 17-2 (Allowed Land Uses and Permit Requirements for the Gaviota Coast Plan Area).

E.

Allowable land uses and permit requirements.

1.

General permit requirements. Table 17-2 (Allowed Land Uses and Permit Requirements for the Gaviota Coast Plan Area), below, identify the uses of land allowed within the Gaviota Coast Plan area and the planning permit required to establish each use, in compliance with Division 11 (Permit Procedures).

2.

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.

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.

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.

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:

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.

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.

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.

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.

a.

The application shall include:

1)

Plans showing the locations of all 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.

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.)

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

		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
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	PP	None
	M-CD	—
	REC	—
	RES	P (3)	None	35-450.B.6.b
	RR	P (3)	1 animal per 20,000 sf of lot area	35-450.B.6.c
	TC	—
Commercial boarding and raising of animals for members of the public	AG-II	P	None
	M-CD	—
	REC	—
	RES	—
	RR	MCUP	None
	TC	—
Dairy	AG-II	PP	None
	M-CD	—
	REC	—
	RES	—
	RR	—
	TC	—
Dogs (3)(4)	AG-II	E	3
	M-CD	—
	REC	—
	RES	P	3	35-450.B.6.b
	RR	P	3	35-450.B.6.c
	TC	—
Goats and sheep (3)	AG-II	PP	None
	M-CD	—
	REC	—
	RES	P	None	35-450.B.6.b
	RR	P	3 animals per 20,000 sf of lot area	35-450.B.6.c
	TC	—
Hogs and swine (3)	AG-II	PP	None
	M-CD	—
	REC	—
	RES	MCUP	None	35-450.B.6.b

	RR	P	3 animals per 20,000 sf of lot area; maximum 3 per lot
	TC	—
Hog ranch (3)	AG-II	PP	None
	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.

Group retreat facilities.

Hunting clubs.

Recreational facility development. Development of recreational facilities shall:

a.

Conform with the Gaviota Coast Plan area visual and natural resources policies.

b.

Minimize grading, removal of vegetation, and paving.

c.

Be compatible with the rural character of the area.

d.

Preserve existing natural landforms in an undisturbed state to the maximum extent feasible.

e.

Incorporate landscaping that consists of drought-tolerant species.

3.

Setback and location requirements.

a.

Campgrounds and ancillary facilities located south of Highway 101 shall be sited as far as feasible from the beach in order to reserve near-shore areas for day use, except for trails and public accessways that facilitate coastal public access to the beach.

b.

New recreational facility development, particularly campgrounds and parking lots (except trailhead parking lots), shall be sited in appropriate locations to facilitate coastal public access and recreation, in consideration of site constraints.

4.

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

D.

School development in the AG-II zone.

1.

Schools allowed by a Major Conditional Use Permit approved in compliance with Section 35-172 (Conditional Use Permits) in the AG-II zone are limited to:

a.

The expansion of lawful, existing facilities, including the development of new facilities located on a lot that is both adjacent to and under the same ownership as the lot on which the lawful, existing facility is located.

b

The re-establishment of a school in facilities that were formerly occupied by the school. This may include the development of new facilities on a lot that is both adjacent to the lot on which the school facility is located and is owned by the school.

1)

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)

4)

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 processing allowed in compliance with this Subsection D.3 (Processing (beyond the raw state)).

5)

The processing facility and any facilities devoted to ancillary activities such as wholesale sales and marketing, and parking, are limited to one percent of the gross lot area, or one acre, whichever is less.

6)

Any new structure proposed as part of the operation is less than 3,000 square feet in net floor area.

7)

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).

8)

The operation is in compliance Section 35-102G (CVC - Critical Viewshed Corridor Overlay District), if applicable.

b.

A Small scale processing operation that may not be allowed in compliance with Subsections D.3.a, above, 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 following additional findings are first made:

1)

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 does not include a new at-grade access to Highway 101.

4.

Tree nut hulling.

a.

A Tree nut hulling operation may be considered a component of the Principal Permitted Use and may 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)

3)

4)

The processing facility and any facilities devoted to ancillary activities such as wholesale sales and marketing, and parking, are limited to one percent 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 Tree nut hulling operation that may not be allowed in compliance with Subsections D.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)

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 does not include a new at-grade access to Highway 101.

E.

Agricultural product sales. Agricultural sales allowed in compliance with Section 35-131 (Agricultural Sales) are not allowed on AG-II zoned property located within the Gaviota Coast Plan area and instead the following commercial facilities for the retail sale of commodities may be allowed subject to compliance with the applicable permit requirements and development standards:

1.

Farmstands.

a.

A Farmstand may be exempt from the requirement to obtain a Coastal Development Permit when in compliance with all of the following:

1)

The sale shall be conducted within an existing agricultural building or from a separate stand that is less than or equal to 600 square feet of gross floor area.

2)

The structure is located no closer than 20 feet to the right-of-way line of any street.

3)

The development will:

a)

Not be located within or adjacent to a wetland, beach, environmentally sensitive habitat area, or on/within 50 feet of a coastal bluff.

b)

Not result in any potential adverse effects to public access to the beach or public hiking and equestrian trails (including where there is substantial evidence of prescriptive rights).

a)

Not result in significant adverse impacts to scenic views from beaches, parklands, public viewing areas, and public roadways.

b)

The operation is incidental to agricultural operations located on the same premises and complies with the development standards of Section 35-460.E.1.b below.

b.

A Farmstand operation that does not meet the standards of Section 35-460.E.1.a, above, may be considered a component of the Principal Permitted Use and may be allowed with a Coastal Development Permit issued in compliance with Section 35-169 (Coastal Development Permits) provided the operation is incidental to agricultural operations located on the same premises and complies with the following development standards:

1)

Access.

a)

Ingress and egress to the agricultural sales area is clearly visible, and turning movements into the premises from adjacent road rights-of-way do not create congestion or cause unnecessary slowing at access points.

b)

Direct access to farmstand sales area from an at-grade access with Highway 101 is prohibited.

2)

Allowed retail sales. Retail sales of the following products directly to members of the public are allowed provided the applicable development standards are complied with.

a)

Agricultural products. The sale of agricultural products, including facilities where the public has access to the growing areas and pick the product themselves (e.g., Christmas tree farms, pumpkin patches, apple or fruit picking farms) provided:

i)

The operation is operated by a single proprietor.

ii)

The agricultural products offered for sale are either grown on the premises, or on other property located within the County that is either owned or leased by the same owner or lessee of the lot on which the sales occur, or on other property within a 25-mile radius of the lot on which the sales occur.

b)

Artisanal crafts. The sale of artisanal crafts provided:

i)

The products are created within Santa Barbara County.

ii)

The volume of such sales is subordinate to the total amount of sales.

iii)

The area devoted to the sale of artisanal crafts does not exceed 20 percent of total area of the farmstand. Inventory storage may occur in a separate area that is not included within the 20 percent of the total area provided the area is neither visible nor accessible to the public.

c)

Ornamental plants, shrubs and trees. The sale of ornamental plants, shrubs and trees that are grown in containers, including products that are imported from off-site, provided the area to which the public has access is limited to 10,000 square feet.

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.

The operation shall be in compliance with the Agricultural Commissioner's Guidelines for import and export of plant material.

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).

2.

A firewood processing and sales operation that may not be allowed in compliance with Subsection H.1, 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:

a.

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).

b.

The operation will not include a new at-grade crossing of Highway 101.

c.

The operation will 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.

I.

Lumber processing and milling (small scale).

1.

A lumber processing and milling operation may be allowed as a non-Principal Permitted Use in compliance 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.

All of the material used in the operation originates within Santa Barbara County.

b.

Lumber from offsite sources shall be limited to no more than 49 percent of the total volume of lumber processed on the facility premises.

c.

The premises where the processing occurs is planted with the source product prior to the commencement of any processing allowed in compliance within this Subsection I (Lumber processing and milling).

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.

The operation shall be in compliance with the Agricultural Commissioner's Guidelines for import and export of plant material.

g.

Lumber processing and milling 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 I.1.c above.

2.

A lumber processing and milling operation that may not be allowed in compliance with Subsection I.1, 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:

a.

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).

b.

The operation will not include a new at-grade crossing of Highway 101.

c.

J.

Rural recreation. The following allowable uses, permit requirement and development standards shall apply to projects located in the Gaviota Coast Plan area on property zoned AG-II. See Subsection 35-450.C (Rural Recreational) for additional development standards that apply to the following uses.

Campgrounds.

a.

A Campground 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 project does not include any of the following:

a)

New grading or structures that would require a grading or planning permit. This does not apply to grading and structures that are required in order to comply with the requirements of the Public Health Department in regards to the provision of sufficient potable water and onsite wastewater disposal.

b)

Electrical hookups for vehicles including recreational vehicles and trailers.

c)

New impervious surfaces.

2)

The project is not located on property zoned with the Critical Viewshed Corridor Overlay unless the Director determines that the location of the campground is in character with the rural setting and will not result in significant visual impacts from Highway 101 due to natural intervening topography.

3)

There are no more than 10 campsites.

a)

No more than two vehicles shall be parked at each campsite.

b)

A maximum of one-half of the total number of campsites may be used at any one time for the parking of not more than two recreational vehicles or trailers per site. Recreational vehicles and trailers shall not exceed 25 feet in length.

4)

Stays are limited to a maximum of 14 days per person per year.

5)

The use will not interfere with agricultural production on or adjacent to the lot on which it is located and the use 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).

6)

The use will not require an expansion of urban services which will increase pressure for conversion of the affected agricultural lands. Prior to the approval of a Coastal Development Permit approved in compliance with Section 35-169 (Coastal Development Permits), the plans for the Campground operation shall reviewed and approved by:

a)

The Public Health Department in regards to the provision of sufficient potable water and onsite wastewater disposal.

b)

The County Fire Department in regards to fire safety.

b.

A Campground operation that may not be allowed in compliance with Subsection J.1.a, above, may be allowed 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, or interfere with agricultural production on or adjacent to the subject lot(s).

2)

The operation will not include a new at-grade crossing of Highway 101.

3)

The operation does not require an expansion of urban services which will increase pressure for conversion of the affected agricultural lands.

2.

Farmstay.

a.

A Farmstay operation may be considered a component of the Principal Permitted Use and may be allowed 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)

The operation is located on a single lot of 40 acres or greater and the entire lot is located in the AG-II zone. Only one Farmstay operation may be allowed on a premises.

2)

The operation is housed in a single permitted or nonconforming dwelling existing as of November 7, 2018. However, the operation shall not be housed in an accessory dwelling unit or junior accessory dwelling unit.

3)

The primary purpose of the Farmstay operation shall be the education of registered guests regarding the agricultural operations on the premises. Lodging and meals are incidental and not the primary function of the Farmstay operation.

a)

The maximum number of registered guests that can be accommodated shall be 15 per night and they shall be accommodated in no more than six bedrooms. Only registered guests may utilize the accommodations overnight.

b)

Food service is only available to registered guests of the operation. The cost of any food provided shall be included in the total price for accommodation and not be charged separately.

4)

The operation shall be consistent with the compatibility guidelines set forth in Uniform Rule Two (Compatible Uses within Agricultural Preserves) of the County Uniform Rules for Agricultural Preserves and Farmland Security Zones.

a)

If a Farmstay operation is proposed on a lot not subject to a contract executed in accordance with the County Uniform Rules for Agricultural Preserves and Farmland Security Zones, then the applicable review authority shall determine if the operation will be consistent with the compatibility guidelines.

5)

The operation is located on, and is part of, a farm or ranch operation that produces agricultural products, and the Farmstay operation:

a)

Does not constitute the principal land use of the premises,

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.

Application requirements. A permit application for an incentive dwelling unit shall include the following information in addition to that information required within Section 35-57A (Application Preparation and Filing):

A floor plan drawn to scale of the principal dwelling and the incentive dwelling unit(s).

b.

Documentation verifying the principal dwelling is owner-occupied.

c.

The proposed method of water supply and sewage disposal for the incentive dwelling unit(s).

4.

Conversion of existing structures. An existing, legal guesthouse that conforms with Section 35-120 (Guesthouses, Artist Studios, or Pool House/Cabaña) and was constructed prior to November 7, 2018 may be converted to an incentive dwelling unit.

a.

An existing, legal guest house that is converted to an incentive dwelling unit may be replaced with a new guest house in compliance with Section 35-120 (Guesthouses, Artist Studios, or Pool House/Cabaña) provided that there is no more than one guesthouse located on the premises.

b.

If the existing, legal guest house that is proposed to be converted to an incentive dwelling unit is subject to a recorded Notice to Property Owner, then following the effective date of the required planning permit and prior to the use of the guest house as an incentive dwelling unit the Department shall prepare and the property owner shall record a Notice to Property Owner that documents specific conditions and/or restrictions, if any, that apply to use of the structure as an incentive dwelling unit and supersedes the specific conditions and/or restrictions included in the previous Notice to Property Owner.

5.

Height limit.

a.

An incentive dwelling unit shall be in compliance with the following height limits as applicable. However, these height limits may be exceeded when the portion of the incentive dwelling unit that would exceed these height limits is located within:

1)

The existing space of a single-family dwelling or an accessory building.

2)

A proposed addition to an existing building and increased height is necessary to allow the roofline of the addition to match the roofline of the existing building that is being added to.

b.

Attached incentive dwelling units. Except as allowed in compliance with Subsection 5.a, above, the height of an attached incentive dwelling unit shall not exceed a vertical distance of 16 feet as determined in compliance with Section 35-127 (Height).

c.

Detached incentive dwelling units.

1)

Connected to a detached accessory structure.

a)

Located above or below another floor. The height of a structure that contains an incentive dwelling unit in addition to another accessory use, where the incentive dwelling unit is located either above or below the other accessory use, shall not exceed a height of 25 feet as determined in compliance with Section 35-127 (Height).

b)

Not located above or below another floor. Except as allowed in compliance with Subsection 5.a, above, the height of an incentive dwelling unit that is not located above or below another floor shall not exceed a vertical distance of 16 feet as determined in compliance with Section 35-127 (Height)

2)

Not connected to a detached accessory structure. The height of an incentive dwelling unit that is not connected to another structure shall not exceed a height of 16 feet as determined in compliance with Section 35-127 (Height).

d.

Locations within the CVC Overlay. Notwithstanding the above, if a structure that includes an incentive dwelling unit is proposed to be located on a lot zoned with the CVC (Critical Viewshed Corridor) overlay district and located south of Highway 101, then the height of the structure that includes the incentive dwelling unit shall not exceed 15 feet as measured in compliance with Section 35-127 (Height) unless the portion of the incentive dwelling unit that would exceed this height limit is located within the existing space of an existing, legal structure.

6.

Location of detached incentive dwelling unit. A detached incentive dwelling unit shall comply with the setback regulations that apply to the principal dwelling as identified in the applicable zone. Additionally, except for the conversion of guest houses allowed in compliance with Subsection E.4 (Conversion of existing structures), above, that existed prior to November 7, 2018, detached incentive dwelling units shall be clustered with the principal dwelling unit.

a.

For the purposes of this Subsection E.6., clustered means the principal dwelling unit and the detached incentive dwelling unit, including all structures accessory thereto, shall be located within a single continuous building envelope.

b.

The clustered building envelope shall avoid "barbell," "finger," and "peninsula" type configurations to ensure, to the maximum extent feasible, that the development minimizes intrusion into agricultural areas and maximizes clustering of residential and accessory structures in order to preserve productive agricultural lands.

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.)

III. - REPAIR AND MAINTENANCE ACTIVITIES REQUIRING A PERMIT

A.

For purposes of Public Resources Code Section 30610(d), the following extraordinary methods of repair and maintenance shall require a Coastal Development Permit because they involve a risk of substantial adverse environmental impact:

1.

Any method of repair or maintenance of a seawall revetment, bluff retaining wall, breakwater, groin, culvert, outfall, or similar shoreline work that involves:

a.

Repair or maintenance involving substantial alteration of the foundation of the protective work including pilings and other surface or subsurface structures;

b.

The placement, whether temporary or permanent, of rip-rap, artificial berms of sand or other beach materials, or any other forms of solid materials, on a beach or in a coastal waters, streams, wetlands, estuaries and lakes or on a shoreline protective work except for agricultural dikes within enclosed bays or estuaries;

c.

The replacement of 20 percent or more of the materials of an existing structure with materials of a different kind; or

d.

The presence, whether temporary or permanent, of mechanized construction equipment or construction materials on any sand area or bluff or within 20 feet of coastal waters or streams.

2.

Any method of routine maintenance dredging that involves:

a.

The dredging of 100,000 cubic yards or more within a 12 month period;

b.

The placement of dredged spoils of any quantity within an environmentally sensitive habitat area, on any sand area, within 50 feet of the edge of a coastal bluff or environmentally sensitive habitat area, or within 20 feet of coastal waters or streams; or

c.

The removal, sale, or disposal of dredged spoils of any quantity that would be suitable for beach nourishment in an area the commission has declared by resolution to have a critically short sand supply that must be maintained for protection of structures, coastal access or public recreational use.

3.

Any repair or maintenance to facilities or structures or work located in an environmentally sensitive habitat area, any sand area, within 50 feet of the edge of a coastal bluff or environmentally sensitive habitat area, or within 20 feet of coastal waters or streams that include:

a.

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.

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Step 2. Take the distance determined in Step 1 and apply it to the agricultural use side of the property line.

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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.