§ 35-194

The provisions of this section apply to the Toro Canyon Plan Area as defined by the "Toro Canyon Plan Land Use Map." All provisions of the Toro Canyon Plan, Coastal Land Use Plan and applicable portions of the Comprehensive Plan, including all applicable goals, objectives, policies, actions, development standards and design guidelines, shall also apply to the area zoned with this Overlay District.

Section 35-194.2 Processing.

In addition to other application requirements, applications for a Coastal Development Permit for any new development on property that is within or adjacent to an Environmentally Sensitive Habitat area in this district shall include a detailed biological study of the site, prepared by a qualified biologist, or resource specialist. Such a study would include an analysis of any unauthorized development, including grading or vegetation removal that may have contributed to the degradation or elimination of habitat area or species that would otherwise be present on the site in a healthy condition.

1.

All uses listed in the C-1 Zone District of this article shall be allowed in the C-1 Zone District of Toro Canyon except:

a.

Any single family residence where there is no commercial use;

b.

Residential structures and general practitioner's/professional offices only as secondary to a primary commercial retail use. Retail uses shall be located in the more prominent locations of buildings such as on first floors fronting on pedestrian pathways, and/or where ocean views are available. Residential and professional office uses should be located on second floor but if on the first floor, then not on the streetfacing part of the building. Office uses shall be in less prominent locations than retail uses on the same site;

c.

Financial institutions;

d.

Lodges shall only be allowed with a major Conditional Use Permit, rather than as a permitted use;

e.

Seafood processing and video arcades shall be allowed only as secondary uses to a primary use such as a restaurant and only when conducted entirely within an enclosed building.

2.

In addition to the uses allowed in the C-1 Zone District of this Article, the following shall be permitted in the C-1 Zone District of Toro Canyon:

a.

Hotels and motels;

b.

Mini-mart/convenience stores.

3.

In addition to the uses allowed in the C-1 Zone District of this Article, the following shall be permitted in the C-1 Zone District of Toro Canyon with a Major CUP:

a.

Overnight recreation vehicle facilities.

4.

"Western Seaside Vernacular Commercial" is defined as follows:

The chief style characteristic of Western Seaside Vernacular Commercial is simplicity. Examples of Western Seaside Vernacular have occurred in Avila Beach and Stearns Wharf. The following are characteristic of Western Seaside Vernacular architecture.

limitations of the county Building Code Neutrals Shingles made to resemble wood or slate Weathered colors Windows "Picture" Horizontally oriented multi-paned Multi-paned with wood sash and frames Wood framed

Section 35-194.4 Findings.

In addition to the findings that are required for approval of a development project (as development is defined in this Article), as identified in each section of Division 11 - Permit Procedures of Article II, a finding shall also be made that the project meets all applicable policies and development standards included in the Toro Canyon Plan.

Section 35-194.5 Nonconforming Structures and Uses.

1.

Nonconforming residential structures damaged or destroyed by calamity: Any nonconforming residential structure that is damaged or destroyed by fire, flood, earthquake, arson, vandalism, or other calamity beyond the control of the property owner(s) may be reconstructed to the same or lesser size on the same site and in the same general footprint location. For the purpose of this section, "residential structure" shall mean primary dwellings, secondary dwellings including accessory dwelling units, junior accessory dwelling units, guesthouses, farm employee dwellings, and all attached appurtenances such as garages and storage rooms that share at least one common wall with the residential structure. Where no attached garage existed, one detached private garage structure may be included provided that evidence of such structure's use as a private garage is presented to the satisfaction of the Zoning Administrator. Any such reconstruction shall commence within 24 months of the time of damage or destruction and shall be diligently carried to completion. The 24 month time limit may be extended by the Director one time for good cause, provided a written request, including a statement of reasons for the time extension request, is filed with the Planning and Development Department prior to the expiration of the 24 month period. Where the reconstruction permitted above does not commence within the specified 24 months or the extended time period that may be granted by the Director, such structure shall not be reconstructed except in conformity with the regulations of the Toro Canyon Plan and this Article.

2.

Reconstruction of nonconforming residential structures located within Rural Neighborhood Areas and within or adjacent to an Environmentally Sensitive Habitat (ESH) area: Lawfully established structures that serve as residences in an Existing Developed Rural Neighborhood located within ESH buffer areas or adjacent to ESH, which are damaged due to normal wear and tear such as structural pest damage or dry rot, may be reconstructed to the same or lesser size (square footage, height, and bulk) in the same footprint. If the reconstructed residence is proposed to be larger than the existing structure, it may only be

sidences in an Existing Developed Rural Neighborhood located within ESH buffer areas or adjacent to ESH, which are damaged due to normal wear and tear such as structural pest damage or dry rot, may be reconstructed to the same or lesser size (square footage, height, and bulk) in the same footprint. If the reconstructed residence is proposed to be larger than the existing structure, it may only be

permitted where findings are made that such development shall not adversely impact the adjacent riparian species, meets all other provisions of this Plan and the Local Coastal Program including development standards for native and non-native protected tree species, and complies with development standards DevStd BIO-TC-5.1 through DevStd BIO-TC-5.4. Reconstruction includes any project that results in the demolition of more than 50 percent of the exterior walls. For the purpose of this section, "residential structure" shall include primary dwellings, secondary dwellings including accessory dwelling units, junior accessory dwelling units, farm employee dwellings, and all attached appurtenances such as garages and storage rooms that share at least one common wall with the residential structure. Where no attached garage exists, one detached private garage structure may be included provided that evidence of such structure's use as a private garage is presented to the satisfaction of the Zoning Administrator. Any such reconstruction or structural repair shall commence within 24 months of the time of the owner's first documented discovery of the need for reconstruction or repair, and shall be diligently carried to completion. The 24 month time limit may be extended by the Director one time for good cause, provided a written request, including a statement of reasons for the time extension request, is filed with the Planning and Development Department prior to the expiration of the 24 month period. Where the reconstruction or structural repair permitted above does not commence within the specified 24 months or the extended time period that may be granted by the Director, such structure shall not be reconstructed or repaired except in conformity with the regulations of the Toro Canyon Plan and this Article.

3.

Expansion of a nonconforming primary residence located within a Rural Neighborhood Area and within an Environmentally Sensitive Habitat (ESH) buffer area: Any primary residence that is nonconforming solely due to its location within an ESH buffer area may be expanded upward, or outward and away from the ESH area, consistent with DevStds BIO-TC-5.1 and BIO-TC-5.4 of the Toro Canyon Plan and in a manner that otherwise conforms with the regulations of the Toro Canyon Plan and this Article.

4.

Nonconforming agricultural support structures: Any nonconforming agricultural support structure, other than "Greenhouses" or "Greenhouse Related Development" located within the Carpinteria Agricultural (CA) Overlay, that is damaged or destroyed by fire, flood, earthquake, arson, vandalism, or other calamity beyond the control of the property owner(s) may be reconstructed to the same or lesser size on the same site and in the same general footprint location. For the purpose of this section, "agricultural support structure" shall mean any structure, other than "greenhouse development" as defined in the CA Overlay, that is essential to the support of agricultural production on agriculturally-zoned property. Any such reconstruction shall commence within 24 months of the time of damage or destruction and shall be diligently carried to completion. The 24 month time limit may be extended by the Director one time for good cause, provided a written request, including a statement of reasons for the time extension request, is filed with the Planning and Development Department prior to the expiration of the 24 month period. Where the reconstruction permitted above does not commence within the specified 24 months or the extended time period that may be granted by the Director, such structure shall not be reconstructed except in conformity with the regulations of the Toro Canyon Plan and this Article. Nonconforming "Greenhouses" or "Greenhouse Related Development" located within the CA Overlay shall be subject to the provisions of the CA Overlay.

5.

Agricultural support structures that are nonconforming solely due to the Toro Canyon Plan, except where located within an Environmentally Sensitive Habitat (ESH) area: Any agricultural support structure that is nonconforming solely due to any policy, development standard, or zoning regulation first applied and adopted under the Toro Canyon Plan, which requires partial or complete reconstruction or structural repair due to normal wear-and-tear such as structural pest damage or dry rot, may be reconstructed or repaired to the same or lesser size on the same site and in the same general footprint location. For the purpose of this section, "agricultural support structure" shall mean any structure that is essential to the support of agricultural production on agriculturally zoned property. Any such reconstruction or structural repair shall commence within 24 months of the time of the owner's first documented discovery of the need for reconstruction or repair, and shall be diligently carried to completion. The 24 month time limit may be extended by the Director one time for good cause, provided a written request, including a statement of reasons for the time extension request, is filed with the Planning and Development Department prior to the expiration of the 24 month period. Where the reconstruction or structural repair permitted above does not commence within the specified 24 months or the extended time period that may be granted by the Director, such structure shall not be reconstructed or repaired except in conformity with the regulations of the Toro Canyon Plan and this Article.

6.

Nonconforming nonresidential structures: Any nonconforming nonresidential structure that is damaged or destroyed to an extent of 75 percent or more of its replacement cost at the time of damage by fire, flood, earthquake, arson, vandalism, or other calamity beyond the control of the property owner(s) may be reconstructed, provided that such reconstruction conforms with the regulations of the Toro Canyon Plan and this Article to the maximum extent feasible. Such a structure may be reconstructed to the same or lesser size on the same site and in the same general footprint location, provided that:

a.

The Zoning Administrator finds that the public health and safety will not be jeopardized in any way by such reconstruction; and

b.

The Zoning Administrator finds that the adverse impact upon the neighborhood would be less than the hardship that would be suffered by the owner(s) of the structure should reconstruction of the nonconforming structure be denied.

Any such reconstruction shall commence within 24 months of the time of damage or destruction, and shall be diligently carried to completion. The 24 month time limit may be extended by the Director one time for good cause, provided a written request, including a statement of reasons for the time extension request, is filed with the Planning and Development Department prior to the expiration of the 24 month period. Where the reconstruction permitted above does not commence within the specified 24 months or the extended time period that may be granted by the Director, such structure shall not be reconstructed except in conformity with the regulations of the Toro Canyon Plan and this Article.

7.

Expansion of certain nonconforming structures located within front, rear, or side yard setback areas: Any structure that is nonconforming solely due to its location within a front, rear, or side yard setback area, due to any increase in such setback area that resulted from a change of zoning adopted with the Toro Canyon Plan, may be enlarged or expanded in a manner that does not further encroach into any such setback area and that otherwise conforms with the regulations of the Toro Canyon Plan and this Article.

8.

Expansion of nonconforming structures located on the shore: Additions to non-conforming structures on a bluff top or on the beach that increase the size of the structure by 50 percent or more are not permitted unless the entire structure is brought into conformance with the policies and standards of the Local Coastal Program. Demolition and reconstruction that results in the demolition of more than 50 percent of the exterior walls of a non-conforming structure is not permitted unless the entire structure is brought into conformance with the policies and standards of the Local Coastal Program. Non-conforming uses may not be increased or expanded into additional locations or structures.

9.

Nonconforming uses: The replacement or re-establishment of nonconforming uses is subject to the regulations of the Toro Canyon Plan and this Article only to the extent that some type of permit may be required by this Article. Any such permit may be approved only in conformance with the regulations of the Toro Canyon Plan and this Article.

(Ord. No. 5194, §§ 41, 42, 11-7-2023)

Section 35-194.6 Architectural Review Standards.

1.

Residential structures shall not exceed a height of 25 feet unless further restricted by other sections of the Zoning Ordinances (such as the Ridgeline and Hillside Development Guidelines).

2.

Notice of a project's initial Board of Architectural Review hearing (e.g. conceptual or preliminary review) shall be mailed to the owners of the affected property and the owners of the property within 500 feet of the exterior boundaries of the affected property at least 10 calendar days prior the Board of Architectural Review hearing, using for this purpose the name and address of such owners and occupants as shown on the current Assessor's tax rolls of the County of Santa Barbara.

3.

The following criteria shall be applied for the approval of any non-agricultural structure(s) by the Planning and Development Department and the Board of Architectural Review.

a.

Where height exemptions under Ridgeline and Hillside Development Guidelines are allowed for rural properties, Board of Architectural Review minutes and the Planning and Development Department project file shall include a written discussion of how the project meets the applicable exemption criteria.

b.

Large understories and exposed retaining walls shall be minimized.

c.

Building rake and ridgeline shall conform to or reflect the surrounding terrain.

d.

Landscaping is used to integrate the structures into the site and its surroundings, and is compatible with the adjacent terrain.

e.

The exterior surfaces of structures, including water tanks, walls and fences, shall be non-reflective building materials and colors compatible with surrounding terrain (including soils, vegetation, rock outcrops). Where paints are used, they also shall be non-reflective.

f.

Retaining walls shall be colored and textured (e.g., with earth tone and split faces) to match adjacent soils or stone, and visually softened with appropriate landscaping.

g.

Outside lighting shall be minimized. Outside lighting shall be shielded, downward-directed low-level lighting consistent with Toro Canyon's rural and semi-rural character.

h.

The total height of cut slopes and fill slopes, as measured from the natural toe of the lowest fill slope (see Figure 35-194.1 Examples A and D) or the natural toe of the lowest cut slope (see Figure 35-194.1 Examples B and C) to the top of the cut slope, shall be minimized. The total vertical height of any graded slopes for a project, including the visible portion of any retaining wall above finished grade, shall not exceed 16 vertical feet.

i.

The visible portion of a retaining wall above finished grade shall not exceed six feet. (See Figure 35-194.1.)

Upon recommendation by Board of Architectural Review, the Planning and Development Department may grant exemptions to criteria h. and i. if written findings are made that the exemptions would allow a project that: 1) furthers the intent of protecting hillsides and watersheds, 2) enhances and promote better structural and/or architectural design and 3) minimizes visual or aesthetic impacts.

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FIGURE 35-194.1

Section 35-194.7 Economically Viable Use.

If it is asserted that the application of the policies and standards contained in the Local Coastal Program regarding use of property within the Toro Canyon Plan area that would constitute a taking of private property, the applicant shall apply for an economical viability determination in conjunction with their Coastal Development Permit application and shall be subject to the provisions of this section.

Section 35-194.8 Economically Viable Use Determination.

The application for an economic viability determination shall include the entirety of all parcels that are geographically contiguous and held by the applicant in common ownership at the time of the application. Before any application for a Coastal Development Permit and economic viability determination is accepted for processing, the applicant shall provide the following information, unless the County determines that one or more of the particular categories of information is not relevant to its analysis:

1.

The date the applicant purchased or otherwise acquired the property, and from whom.

2.

The purchase price paid by the applicant for the property.

3.

The fair market value of the property at the time the applicant acquired it, describing the basis upon which the fair market value is derived, including any appraisals done at the time.

4.

The general plan, zoning or similar land use designations applicable to the property at the time the applicant acquired it, as well as any changes to these designations that occurred after acquisition.

5.

Any development restrictions or other restrictions on use, other than government regulatory restrictions described in subsection d above, that applied to the property at the time the applicant acquired it, or which have been imposed after acquisition.

6.

Any change in the size of the property since the time the applicant acquired it, including a discussion of the nature of the change, the circumstances and the relevant dates.

7.

A discussion of whether the applicant has sold or leased a portion of, or interest in, the property since the time of purchase, indicating the relevant dates, sales prices, rents, and nature of the portion or interests in the property that were sold or leased.

8.

Any title reports, litigation guarantees or similar documents in connection with all or a portion of the property of which the applicant is aware.

9.

Any offers to buy all or a portion of the property which the applicant solicited or received, including the approximate date of the offer and offered price.

10.

The applicant's costs associated with the ownership of the property, annualized for each of the last five calendar years, including property taxes, property assessments, debt service costs (such as mortgage and interest costs), and operation and management costs.

11.

Apart from any rents received from the leasing of all or a portion of the property, any income generated by the use of all or a portion of the property over the last five calendar years. If there is any such income to report it should be listed on an annualized basis along with a description of the uses that generate or has generated such income.

12.

Any additional information that the County requires to make the determination.

Section 35-194.9 Supplemental Findings for Approval of Coastal Development Permit

1.

A Coastal Development Permit that allows a deviation from a policy or standard of the Local Coastal Program to provide a reasonable use may be approved or conditionally approved only if the appropriate governing body, either the Planning Commission or Board of Supervisors, makes the following supplemental findings in addition to the findings required in Section 35-169 (Coastal Development Permits):

a.

Based on the economic information provided by the applicant, as well as any other relevant evidence, each use allowed by the Local Coastal Program policies and/or standards would not provide an economically viable use of the applicant's property.

b.

Application of the Local Coastal Program policies and/or standards would unreasonably interfere with the applicant's investment-backed expectations.

c.

The use proposed by the applicant is consistent with the applicable zoning.

d.

The use and project design, siting, and size are the minimum necessary to avoid a taking.

e.

The project is the least environmentally damaging alternative and is consistent with all provisions of the certified Local Coastal Program other than the provisions for which the exception is requested.

f.

The development will not be a public nuisance. If it would be a public nuisance, the development shall be denied.

Section 35-194.10 Agricultural Soils.

Within the coastal zone, in areas with prime agricultural soils, structures, including greenhouses that do not rely on in-ground cultivation, shall be sited to avoid prime soils to the maximum extent feasible.

Section 35-194.11 Land Divisions.

Land divisions, including lot line adjustments and conditional certificates of compliance, shall only be permitted if each parcel being established could be developed without adversely impacting resources, consistent with Toro Canyon Plan policies and other applicable provisions.

DIVISION 16 - MONTECITO COMMUNITY PLAN OVERLAY DISTRICT

Section 35-200. - Purpose.

The purpose of the MON Overlay District is to implement portions of Montecito Community Plan section of the County's Local Coastal Plan.

Section 35-201. - Effect of MON Overlay District.

The provisions of this Overlay apply to the community of Montecito as shown on the Montecito Community Zoning Map. These provisions are in addition to the other provisions of this Article. Where provisions of the MON Overlay conflict with other provisions of this Article, the provisions of the MON Overlay shall take precedence.

All provisions of the Montecito Community Plan, Coastal Land Use Plan and applicable portions of the Comprehensive Plan, including all the goals, objectives, policies, actions, and development standards, shall also apply to the area zoned with the MON Overlay District.

Section 35-202. - Definitions.

For the purposes of this Section, the following definitions apply to the area zoned with the MON Overlay District:

Floor Area Ratio: A measurement of development intensity represented by the quotient of net floor area, excluding basements used exclusively for storage and residential units that meet the County's definition of affordable housing, divided by net lot area. Where there is an approved Final Development Plan, the floor area ratio shall be the quotient of net floor area, excluding basements used exclusively for storage and residential units that meet the County's definition of affordable housing, divided by the sum of the net lot area of all parcels included in the Development Plan.

Cabaña: A building, the use of which is incidental and accessory to the use of the beach, a pool, or a sports court (i.e., regulation size tennis or basketball court) that may include bathrooms, but excludes sleeping quarters and/or cooking facilities.

(Added by Ord. 4298, 03/24/1998)

Section 35-203. - Floor Area Ratio.

1.

For parcels within the Resort/Visitor Serving Commercial (C-V) zoning district, the floor area ratio, as defined in Section 35-204, shall not exceed 0.25.

Section 35-204. - Height of Structures.

1.

New structures shall be limited to an average height of 16 feet above finished grade where site preparation results in a maximum fill of 10 feet or greater in height. This height limitation shall apply except as provided for in Section 35-127, Height. (Amended by Ord. 4263, 06/24/1997)

Section 35-205. - Affordable Residential Units.

1.

Resort/Visitor Serving Commercial (C-V). Any parcel with a zoning designation of Resort/Visitor Serving Commercial (C-V) shall, in addition to the uses allowed pursuant to the regulations of the base zone district, be permitted one or more residential units in the following manner:

a.

One residential unit (up to 800 square feet net floor area for a studio or one-bedroom unit, or up to 1,000 square feet net floor area for a two bedroom unit) shall be permitted on each legal lot subject to the issuance of a Coastal Development Permit pursuant to Section 35-169, provided that the unit is attached to the primary commercial structure and is rented to a low to moderate income household at a level that meets County affordability criteria. The residential unit shall not be sold or financed separately from the principal commercial structure.

b.

Two to four residential units (up to 800 square feet net floor area for each studio or one-bedroom unit, or up to 1,000 square feet net floor area for each two bedroom unit) shall be permitted on each legal lot subject to the issuance of a minor Conditional Use Permit pursuant to Section 35-172, provided that each unit is attached to the primary commercial structure and is rented to a low to moderate income household at a level that meets County affordability criteria, and that the residential use of the lot is secondary to its existing commercial use. Such a residential unit shall not be sold or financed separately from the principal commercial structure.

c.

A Development Plan shall not be required for permitted residential units outlined above in "a" and "b."

Section 35-206. - Permit Procedures.

1.

A Coastal Development Permit for grading of roads and/or individual buildings pads shall not be issued until the proposed structure has received Final BAR approval.

Section 35-207. - Reserved for Future Use

Section 35-208. - C-V Resort/Visitor Serving Commercial.

Section 35-208.1 Additional Findings Required for Approval of Development Plans.

1.

Improvements to resort visitor serving hotels have been designed to be consistent with the existing historic "Cottage Type Hotel" tradition from the early days of Montecito.

2.

The facility is compatible in mass, bulk, scale, and design with the residential character of the surrounding neighborhoods.

Section 35-208.2 Additional Requirements.

1.

Two thirds of any new or reconstructed buildings which are guest rooms shall be limited to 16 feet in height, except as provided for pursuant to Division 10, Nonconforming Structures and Uses and Section 35-214, "Restoration of Damaged Nonconforming Buildings and Structures" of Division 16.

2.

Parking areas shall be broken into small groupings of parking spaces and shall be fully landscaped.

3.

Cottage units shall be separated by landscaping to minimize the bulk and scale of development.

4.

New or reconstructed cottages shall be limited to six units (keys) per cottage, except as provided for pursuant to Division 10, Nonconforming Structures and Uses.

Section 35-209. - Parking.

Parking shall be provided as specified in Division 6, Parking Regulations, and Section 35-71.11, Parking. In addition, tandem parking shall be allowed on residentially zoned lots of 7,000 square feet or less to satisfy parking requirements.

Section 35-210. - Accessory Structures.

1.

Accessory structures, except barns and stables, shall not exceed 16 feet in height and shall conform to the front and side yard setback regulations of the district. Accessory structures may be located in the required rear yard setback provided that:

a.

They are located no closer than 10 feet to the principal structure;

b.

They do not exceed a height of 12 feet; and

c.

The cumulative footprint of all accessory structures, including accessory dwelling units, occupies no more than 30 percent of the required rear yard.

2.

All accessory structures. Detached accessory structures, including accessory structures containing one or more accessory uses, shall not exceed a building footprint area of 800 square feet as measured to the interior surface of exterior perimeter walls, posts, columns, or other supports.

a.

This 800 square foot building footprint limitation shall not apply to accessory dwelling units, barns, and stables; however, another accessory structure may only be attached to an accessory dwelling unit, barn, or stable if the total footprint area of the combined structure is 800 square feet or less. This shall not be construed in any way to limit the size of an accessory dwelling unit stacked above or below another accessory structure when constructed in compliance with Section 35-142 (Accessory Dwelling Units and Junior Accessory Dwelling Units).

b.

For the purposes of this Subsection 35-210.2, footprint refers to how the building sits on the ground. The building footprint includes the following:

1)

Any cantilevered portions of the structure as viewed perpendicularly from above.

2)

Any fully enclosed, partially enclosed, or unenclosed portions of the accessory structure located beneath a solid roof or other permanent covering.

The area of any portions of roof eaves that extend more than three feet from the exterior wall of the building.

4)

The footprint for structures that are fully or partially below grade shall be limited to only that portion of the structure with exposed walls.

3.

Detached accessory buildings. The total gross floor area of all approved and proposed buildings located on a lot shall not exceed 40 percent of the gross lot area of the lot on which the detached accessory building is proposed to be located.

a.

For purposes of this Subsection 35-210.3, "gross floor area" includes any fully enclosed, partially enclosed, or unenclosed floor area of the detached accessory building covered by a solid roof or other permanent covering.

b.

The gross floor area limitation in this Subsection 35-210.3 shall not apply to or otherwise limit the gross floor area of approved or proposed accessory dwelling units.

c.

If an application includes a proposed detached accessory dwelling unit and one or more detached accessory buildings, and the total gross floor area of all buildings located on the lot, both approved and proposed, would exceed 40 percent of the gross lot area, then the floor area of the proposed detached accessory building(s) shall be reduced as necessary in order to comply with the 40 percent of gross lot area limitation.

d.

For purposes of this Subsection 35-210.3, "approved" means that a valid land use entitlement exists for a detached accessory building or accessory dwelling unit, but the building or unit has not been constructed, or that construction of the detached accessory building or accessory dwelling unit has been legally completed. "Proposed" means that an application for a detached accessory building or accessory dwelling unit has been submitted to the Department, and final action on the application has not been taken.

ccessory building or accessory dwelling unit, but the building or unit has not been constructed, or that construction of the detached accessory building or accessory dwelling unit has been legally completed. "Proposed" means that an application for a detached accessory building or accessory dwelling unit has been submitted to the Department, and final action on the application has not been taken.

(Ord. No. 5194, § 40, 11-7-2023)

Section 35-211. - Guest House, Artist Studio, and Pool House/Cabana.

1.

No guest house, artist studio or pool house/cabana shall exceed a height of 16 feet.

Floor area. The net floor area of a guesthouse, artist studio, or cabaña shall not exceed 800 square feet. However, a guesthouse, artist studio, or cabaña structure may be attached to other accessory structures provided the building footprint area of the combined structure does not exceed 800 square feet and interior access does not exist between the guesthouse, artist studio, or cabaña and the other accessory structure(s).

a.

For the purposes of this Section 35-211.2, building footprint area is measured to the interior surface of the exterior, perimeter walls, posts, columns, or other supports. The building footprint includes the following:

1)

Any cantilevered portions of the structure as viewed perpendicularly from above.

2)

Any fully enclosed, partially enclosed, or unenclosed portions of the accessory structure located beneath a solid roof or other permanent covering.

3)

The area of any portions of roof eaves that extend more than three feet from the exterior wall of the building.

b.

Detached accessory buildings. The total gross floor area of all approved and proposed buildings located on a lot shall not exceed 40 percent of the gross lot area of the lot on which the detached accessory building is proposed to be located.

1)

For purposes of this Subsection 35-211.2.b, "gross floor area" includes any fully enclosed, partially enclosed, or unenclosed floor area of the detached accessory building covered by a solid roof or other permanent covering

2)

The gross floor area limitation of this Subsection 35-211.2.b shall not apply to or otherwise limit the gross floor area of approved or proposed accessory dwelling units.

3)

If an application includes a proposed detached accessory dwelling unit and one or more detached accessory buildings, and the total gross floor area of all buildings located on the lot, both approved and proposed, would exceed 40 percent of the gross lot area, then the floor area of the proposed detached accessory building(s) shall be reduced as necessary in order to comply with the 40 percent of gross lot area limitation.

4)

For purposes of this Subsection 35-211.2.b, "approved" means that a valid land use entitlement exists for a detached accessory building or accessory dwelling unit, but the building or unit has not been constructed, or that construction of the detached accessory building or accessory dwelling unit has been legally completed. "Proposed" means that an application for a detached accessory building or accessory dwelling unit has been submitted to the Department, and final action on the application has not been taken.

Section 35-212. - Requirements for Exterior Lighting.

1.

Recreational court lighting is prohibited in all residential zone districts.

Section 35-213. - BAR Findings Required for Approval.

Within the Montecito Overlay District, prior to approving any Board of Architectural Review application, the Board of Architectural Review shall make the following findings instead of those required in Section 35184.6:

1.

Overall building shapes as well as parts of any structure (buildings, walls, fences, screens, towers, or signs) shall be in proportion to and compatible with the bulk and scale of other existing or permitted structures on the same site and in the neighborhood surrounding the property.

2.

Mechanical and electrical equipment shall be well integrated in the total design concept.

3.

There shall be harmony of material, color, and composition of all sides of a structure or building.

4.

A limited number of materials will be on the exterior face of the building or structure.

5.

There shall be a harmonious relationship with existing developments in the surrounding neighborhood, avoiding excessive variety and monotonous repetition, but allowing similarity of style, if warranted.

6.

Site layout, orientation, location and sizes of all structures on a property, buildings, and signs on a property, shall be in an appropriate and well-designed relationship to one another, and to the environmental qualities, open spaces, and topography of the property with consideration for public views of the hillsides and the ocean and the semi-rural character of the community as viewed from scenic view corridors as shown on Figure 37, Visual Resources Map in the Montecito Community Plan EIR (92-EIR-03).

7.

Adequate landscaping shall be provided in proportion to the project and the site with regard to preservation of specimen and landmark trees, existing vegetation, selection of planting which will be appropriate to the project, and adequate provision for maintenance of all planting.

8.

Signs including their lighting, shall be well designed and shall be appropriate in size and location.

9.

Grading and development shall be designed to avoid visible scarring and shall be in an appropriate and well-designed relationship to the natural topography with regard to maintaining the natural appearance of ridgelines and hillsides.

10.

The proposed development is consistent with any additional design standards as expressly adopted by the Board of Supervisors for a specific local community, area, or district pursuant to Section 35-144A (Local Design Standards) of this Article.

Section 35-214. - Restoration of Damaged or Destroyed Nonconforming Buildings Structures.

1.

If all or any portion of an existing hotel is damaged or destroyed, the owner shall be entitled to replace the damaged or destroyed improvement with new construction of the identical size to that damaged or destroyed on the same site in the same general location.

2.

Within the Montecito Overlay District, if a nonconforming structure is damaged or destroyed by fire, flood, earthquake, or other natural disaster, such structure may be reconstructed to the same or lesser size on the same site and in the same general footprint location provided such reconstruction shall commence within 24 months of the time of damage and be diligently carried to completion. The time limit may be extended by the Director one time for good cause, provided a written request, including a statement of reasons for the time extension request is filed with the Planning and Development Department prior to the expiration date. Where the reconstruction permitted above, does not commence within the specified 24 months or a time extension granted, such structure shall not be reconstructed except in conformity with the regulations of this Article.

Section 35-215. - Findings.

1.

In addition to the findings that are required for approval of a development project (as development is defined in the Santa Barbara County Coastal Plan), as identified in each section of Division 11 - Permit

Procedures of Article II, a finding shall also be made that the project meets all the applicable development standards included in the Montecito Community Plan of the Coastal Land Use Plan.

2.

For projects requiring a Major Conditional Use Permit, a finding shall be made that the project will not potentially result in traffic levels higher than those anticipated for the parcel by the Montecito Community Plan and its associated environmental documents; or if the project will result in higher traffic levels, that the increase in traffic is not large enough to cause the affected roadway(s) and/or intersection(s) to exceed their designated acceptable capacity levels at buildout of the Montecito Community Plan or that road improvements included as part of the project description are consistent with provisions of the Comprehensive Plan (specifically the Montecito Community Plan) and are adequate to fully offset the identified potential increase in traffic.

3.

For projects subject to discretionary review, a finding shall be made that the development will not adversely impact recreational facilities and uses.

DIVISION 17 - GAVIOTA COAST PLAN (GAV) OVERLAY

Section 35-400. - Purpose.

The purpose of the Gaviota Coast Plan overlay is to implement the Gaviota Coast Plan by providing for specific land uses and development standards within the Gaviota Coast Plan area.

Section 35-410. - Applicability and District Boundaries.

The provisions of this Division shall apply to all development and land uses that is located within the Gaviota Coast Plan area in addition to all other applicable requirements of this Article. If conflicts occur between the provisions and requirements of this overlay and any other provision of the County Code, the Local Coastal Program, the primary zone, and any other applicable overlay district, the provisions and requirements that are most protective of coastal resources shall control.

Section 35-415. - Supplemental Findings for Approval of Coastal Development Permit to Provide a Reasonable Use.

A Coastal Development Permit that allows a deviation from a policy or standard of the Local Coastal Program to provide a reasonable use may be approved or conditionally approved only if the decision-maker finds that LCP-consistent uses would not provide an economically viable use of the property and that the proposed development is consistent with the applicable zoning, is not prohibited by other laws or legal principles (e.g., is not a public nuisance), is the least environmentally damaging feasible alternative, and is the minimum necessary to avoid a taking. These findings are in addition to the findings required in Section 35-169 (Coastal Development Permits).

Section 35-420. - Definitions.

The following terms are defined for the purposes of this Division.

Accessory Agricultural Structure. An accessory building or structure that does not contain any kitchen or cooking facilities and is designed and constructed primarily for storing farm implements or supplies, hay, grain, poultry, livestock or horticultural products where such buildings or structures are located in agriculturally zoned areas and support agricultural use of the lot. Accessory agricultural buildings or structures may include confined animal facilities and fencing incidental, appropriate and subordinate to the agricultural use but shall not include residential development equestrian facilities, packing or shipping facilities.

Agricultural and Natural Resource Educational Experience. An instructional program that integrates academic and technical preparation and includes real-world relevant experiences in areas such as agricultural business, agricultural mechanics, agriscience, animal science, forestry and natural resources, ornamental horticulture, and plant and soil science. Program components may include classroom and laboratory instruction, and supervised agricultural experience projects.

Agricultural Employee Housing. A dwelling occupied by one or more agricultural employees, including family members.

Agricultural Product Sales. The sale of agricultural products, including flowers, fresh fruit, herbs, plants and vegetables, grown on or off the premises or other products as allowed by Section 35-131 (Agricultural Sales) and this Division 17 (Gaviota Coast Plan Overlay).

Agricultural Product Transportation Facility. A transportation facility required to support agriculture.

Agricultural Structural Development. Any structure that is constructed, erected, or placed with or without a foundation, the use of which requires location on the ground and is covered by a roof, the use of which is restricted to those uses that are directly accessory, ancillary and secondary to the agricultural use of the property. Dwelling units are considered agricultural structural development only if they provide housing for agricultural employees of the owner or lessee of the land.

Airstrip, Temporary. An airfield without normal airport facilities consisting of a landing strip or heliport that is not constructed of hard materials and is used for agricultural crop dusting or the personal use of the tenant or owner of the site and excluding public use and commercial operations.

Animal Keeping. The keeping, feeding or raising of animals as a commercial agricultural venture, avocation, hobby or school project, either as a primary land use or subordinate to a residential use. Includes the keeping of common farm animals, apiaries, aviaries, worm farms, household pets, etc. (See also "Confined Animal Facilities")

Artisanal Crafts. Anything handmade and designed by a person skilled in an applied art; examples include glass blowing, jewelry making, leatherworking, metalworking, pottery, and woodworking.

Aquaponics. A closed system of aquaculture in which the waste produced by farmed fish or other aquatic creatures supplies the nutrients for plants grown hydroponically which in turn purify the water in the system.

Boat Launching Facility. A facility specifically designed to assist with the ingress/egress of boats and other aquatic vehicles.

Bulk Water Importation Facility. A facility specifically designed to import bulk amounts of water including those associated with ocean going vessels, or other similar facilities.

Campground. A site for temporary occupancy by campers which may include individual campsites. May include accommodations for recreational vehicles unless prohibited within the applicable zone.

Campground, low-impact. An area of land designed or used for "carry-in, carry-out" camping accessed by trail, including associated support facilities such as, picnic tables, potable water, self-contained chemical or composting restrooms, water tanks, portable fire suppression apparatus, but excluding roads and other structures. Low-impact campgrounds constitute a resource-dependent use.

Caretaker/Manager Dwelling. A permanent residence that is secondary or accessory to the principal use of the property, and used for housing a caretaker employed on the site of any non-residential use where needed for security purposes or to provide 24-hour care or monitoring of people, plants, animals, equipment, or other conditions on the site.

Charitable or Philanthropic Organization. An office-type facility occupied by an organization engaged in charitable or philanthropic works serving various groups or individual persons.

Composting Operation. A commercial facility that produces compost from the organic material fraction of the waste stream and is permitted, designed, and operated in compliance with the applicable regulations in California Code of Regulations, Title 14, Division 7.

Conference Center. A building or group of buildings with accessory land and structures, that provides conference facilities for persons assembled for study and discussion of educational, religious, economic, scientific, charitable, or governmental subjects, including music, art and drama, and shall include the necessary accessory and incidental housing, dining, classroom, and recreational facilities.

Confined Animal Facilities. Facilities where animals are corralled, penned, or otherwise housed or caused to remain in restricted areas. Confined animal facilities include corrals, fencing for pastures, barns, stables, or other development designed to house or restrict the movement of animals. Also includes animal enclosures.

Cultivated Agriculture, Orchard, Vineyard. Commercial agricultural production field and orchard uses, including the production of the following, primarily in the soil on the site and not in containers, other than for initial propagation prior to planting in the soil on the site. Examples of this land use include the following:

Also includes associated crop preparation services and harvesting activities, such as mechanical soil preparation, irrigation system construction, spraying, and crop processing. Does not include agricultural processing or greenhouses which are separately defined. Does not include noncommercial home gardening, which is allowed as an accessory use without County approval in all zones that otherwise allow

residential uses. Activities that constitute grading are separately regulated under Chapter 14 of the County Code.

Limited Slope. "Cultivated Agriculture, Orchard, Vineyard - Limited Slope" means new or expanded agricultural activities that occur on slopes of 30 percent or less.

Desalination Facility. A facility specifically designed to remove salts and other chemicals from sea water to render it potable.

Drainage Channel. A channel, either natural or manmade, that conveys water. (See also "Stream" in Section 35-58)

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

Electrical Transmission Line. A line that is interconnected with other transmission lines and associated equipment for the movement or transfer of electric energy between points of supply and points at which it is transformed for delivery to customers or is delivered to other electric systems.

Equestrian Facility. A commercial facility for the boarding of horses, donkeys, and mules, and where such animals are available for hire. Examples of these facilities include:

boarding stables horse exhibition facilities riding schools and academies

Also includes barns, stables, corrals, and paddocks accessory and incidental to the above uses. Does not include rodeos (see "Rodeo"), or polo fields (see "Sports and Outdoor Recreation Facility").

Farmstand. A stand, which may be of permanent or temporary construction, that sells farm produce and other incidental items.

Farmstay. A type of working farm or ranch operation that is partially oriented towards visitors or tourism by providing guest accommodations. Such an operation may include interactive activities where guests participate in basic farm or ranch operations such as collecting eggs and feeding animals, or a work exchange agreement where the guest works a set number of hours in exchange for free or reduced rate accommodation.

Firewood Processing and Sales. The conversion of raw plant material into firewood and the sale thereof.

Fishing. The activity of catching fish, either for food or as a sport.

Fishing Operation. Commercial, recreational fishing within an artificial pond or reservoir that is stocked with fish.

Flood Control. The act or technique of trying to control water with dams, berms, drainage, weirs, etc, to minimize occurrence of floods.

Golf Course. A commercial or members-only facility for playing golf, with three to 18 holes, and accessory facilities and uses which may include: a clubhouse with bar and/or restaurant, locker and shower facilities;

driving ranges; "pro shops" for onsite sales of golfing equipment; and golf cart repair, storage and sales facilities. Does not include driving ranges separate from golf courses or miniature golf courses unless specifically allowed.

Grazing. To put livestock out to feed.

1.

Limited Slope. "Grazing - Limited Slope" means new or expanded grazing activities that occur on slopes of 30 percent or less.

Heliport. A designated, marked area on the ground or on a structure where helicopters may land at any time.

Highway. A four-lane arterial roadway with at least partial control of access which may or may not be divided or have grade separations at intersections. As a secondary type of intercity or community roadway, highways carry much of the traffic between important centers of activity and employment.

Incentive dwelling unit. A dwelling unit on a permanent foundation that provides complete, independent living facilities for one or more persons that may be allowed in addition to the principal dwelling on the same lot in exchange for implementing landowner actions consistent with the Gaviota Coast Land Use Incentive Program. The incentive dwelling unit may either be an attached incentive dwelling unit or detached incentive dwelling unit.

1.

Attached Incentive Dwelling Unit. An incentive dwelling unit that shares a common wall with the principal dwelling.

2.

Detached Incentive Dwelling Unit. An incentive dwelling unit not attached to the principal dwelling by a common wall.

Kennel, Private. Any premises or area where four or more dogs four months of age or older are kept for the private enjoyment of the occupants of the premises. This includes dogs which are kept on an agriculturally zoned lot for the purpose of herding or otherwise supporting an agricultural use of the lot or premises on which the dogs are kept.

Lumber Processing, Milling. A facility that produces lumber including dimensional boards and specific shaped items from harvested trees.

Medical Services - Animal Hospital. A facility specifically designed for the medical or surgical treatment of animals or pets where all of the animals are taken in from off the premises and where the boarding of animals is limited to short-term care incidental to the hospital.

Meeting Facility, Public or Private. A facility for public or private meetings, including community centers, religious institutions, civic and private auditoriums, grange halls, union halls, meeting halls for clubs and other membership organizations, etc. Also includes functionally related internal facilities such as kitchens,

multi-purpose rooms, and storage. Does not include conference and meeting rooms accessory and incidental to another primary use that are typically used only by onsite employees and clients, and occupy less floor area on the site than the offices they support. Does not include: sports or commercial facilities; theaters; or convention centers (see "Conference Center"). Related onsite facilities such as day care centers and schools are separately defined, and separately regulated.

Meeting Facility, Religious. A meeting facility for a religious institution as identified in "Meeting Facility, Public or Private," above, that is restricted to religious institutions only.

Mining. The extraction of mineral resources through surface or underground mining operations, including the following.

1.

Surface Mining. Excavation and quarrying operations to obtain building and construction materials including diatomaceous earth.

2.

Underground Mining. Mining operations where minerals are extracted using shafts and/or tunnels.

Non-Principal Permitted Use. A use that is not identified as a principal permitted use in this Article. A Coastal Development Permit application for a non-principal permitted use is subject to a public hearing, unless waived, and the approval or conditional approval of the Coastal Development Permit application is subject to appeal to the Coastal Commission as specified in Section 35-182.6.

Office - Accessory. Office facilities for administration, and/or onsite business and operations management, that are incidental and accessory to another business, sales, and/or service activity that is the primary use.

Principal use/principal structure. The primary use(s) or primary structure(s) on a lot to which other uses and structures are accessory. This term is unrelated to the definition of "principal permitted use."

Principal Permitted Use. A use that clearly carries out the designated land use and the intent and purpose of a particular zone. Where a land use is identified as a principal permitted use in this Division, the approval or conditional approval of a Coastal Development Permit application for that use is not subject to appeal to the Coastal Commission except as specified in Section 35-182.6 (Appeals).

Product Preparation. The preparation of agricultural and horticultural product by activities including drying, freezing, pre-cooling, packaging, and milling of flour, feed, and grain to facilitate marketing and wholesale sales.

Public Works or Private Service Facility. A base facility from which maintenance and repair services are dispatched to utility service lines and other facilities operated by the public works or private service entity. Includes equipment and materials storage, and "corporation" yards.

Recycling Facility. A center for the collection and/or processing of recyclable materials. A "certified" recycling or processing facility is certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986.

1.

Small Collection Center. A center where the public may donate, redeem or sell recyclable materials, which occupy an area of 350 square feet or less and may include a mobile unit.

2.

Specialized Materials Collection Center. A center that provides for the collection of non-ferrous metals, high-temperature alloys, exotic and precious metals, and other similar materials, in addition to household recyclable materials.

Repair Service - Equipment, Large Appliances, etc. A service and facility where various types of electrical, electronic, and mechanical equipment, and home and business appliances are repaired and/or maintained away from the site of the equipment owner. Does not include vehicle repair or maintenance, the repair of small home appliances and electronic equipment, maintenance and repair activities that occur on the client's site, or repair services provided on the site of a retail use that sells the products for which repair services are offered, which are incidental to the onsite sales.

Reservoir. A natural or artificial pond or lake used for the storage and regulation of water.

Resource-dependent Use. A use that is dependent on environmentally sensitive habitat (ESH) areas to function (e.g., nature study, habitat restoration, low-impact campgrounds, and public trails).

Revetment. A sloped retaining wall; a facing of stone, concrete, blocks, rip-rap, etc. built to protect an embankment, bluff, or development against erosion by wave action and currents. (See also "Sea Wall" and "Shoreline Protective Device")

Rodeo. A public or private competition or exhibition in which skills such as riding and roping are displayed.

Rural Recreation. Low intensity recreational uses including campgrounds with minimum facilities, hunting clubs, retreats, and summer camps. May include accommodations for recreational vehicles unless prohibited within the applicable zone.

School. A public or private academic educational institution, examples include:

Sea Wall. A structure separating land and water areas, primarily designed to prevent erosion and other damage from wave action or flooding during storms. It is usually a vertical wood or concrete wall as opposed to a sloped revetment. (See also "Revetment" and "Shoreline Protective Device")

Shoreline Protective Device. A broad term for constructed features such as seawalls, revetments, rip-rap, earthen berms, cave fills, and bulkheads that block the landward retreat of the shoreline and are used to protect structures and other features from erosion and other hazards. (See also "Revetment" and "Sea Wall")

Sports and Entertainment Assembly. A large-scale indoor or outdoor facility accommodating spectatororiented sports, concerts, and other entertainment activities. Examples of this land use include amphitheaters, race tracks, stadiums and coliseums.

Sports and Outdoor Recreation Facility. Public and private facilities for various outdoor sports and other types of recreation, where the facilities are oriented more toward participants than spectators. Examples include:

Trail. A route that is designed, designated, constructed, or established through historic use for recreational pedestrian, hiking, biking, or equestrian riding use. Also, recreational routes that are designed to provide access for persons with mobility impairments.

Transit Station or Terminal. A passenger station for vehicular, and rail mass transit systems; also terminal facilities providing maintenance and service for the vehicles operated in the transit system. Includes buses, taxis, railway, etc.

Tree Nut Hulling. Removing the soft outer hull (also known as the husk) from the nut by manual or mechanical methods.

Truck or Freight Terminal. A transportation facility furnishing services incidental to air, motor freight, and rail transportation. Examples of these facilities include:

Utility Service Line. A line providing electricity, gas, television, and other similar utilities.

Water Diversion Project. The diversion of water from a natural channel to another location through alteration of the natural channel and/or artificial structures.

Water Extraction, Commercial. The pumping and processing of natural, carbonated or mineral water from a well for commercial purposes, including bottling, shipping, storage and trucking.

Water System. A system for the extraction and provision of water utilizing a well or wells and including any collection, treatment, storage and distribution facilities.

Winery. A bonded agricultural processing facility primarily used for the commercial processing of grapes or other fruit products to produce wine or similar spirits or the re-fermenting of still wine into sparkling wine. Processing consists of controlled fermentation combined with any of the following: crushing, blending, barrel aging, and bottling. Storage of case goods shall only occur in conjunction with processing.

Section 35-430. - Allowable Development and Planning Permit Requirements.

A.

Applicability. This Division applies to all property located within the Gaviota Coast Plan area and describes the land uses that are allowed in the Gaviota Coast Plan area and planning permit requirements for each use. This Division supersedes and replaces the permitted uses and conditionally permitted uses that are listed in the following sections of this Article:

1.

Sections 35-69.3 (Permitted Uses), 35-69.4 (Uses Permitted With a Major Conditional Use Permit) and 3569.5 (Uses Permitted With a Minor Conditional Use Permit) of Section 35-69 (AG-II - Agriculture II) of Division 4 (Zoning Districts).

2.

Sections 35-70.3 (Permitted Uses), 35-70.4 (Uses Permitted With a Major Conditional Use Permit) and 3570.5 (Uses Permitted With a Minor Conditional Use Permit) of Section 35-70 (RR - Rural Residential) of Division 4 (Zoning Districts).

3.

Sections 35-87.3 (Permitted Uses), 35-87.3a (Other Uses that are not Coastal-Dependent Industry) and 3587.4 (Uses Permitted With a Major Conditional Use Permit) of Section 35-87 (M-CD - Coastal Dependent Industry) of Division 4 (Zoning Districts).

4.

Sections 35-89.5 (Permitted Uses), 35-89.6 (Uses Permitted With a Major Conditional Use Permit) and 3589.7 (Uses Permitted With a Minor Conditional Use Permit) of Section 35-89 (REC - Recreation District) of Division 4 (Zoning Districts).

5.

Sections 35-90.3 (Permitted Uses), 35-90.4 (Uses Permitted With a Major Conditional Use Permit) and 3590.5 (Uses Permitted With a Minor Conditional Use Permit) of Section 35-90 (RES - Resource Management) of Division 4 (Zoning Districts).

6.

Sections 35-93.3 (Permitted Uses), 35-93.4 (Uses Permitted With a Major Conditional Use Permit) and 3593.5 (Uses Permitted With a Minor Conditional Use Permit) of Section 35-93 (TC - Transportation Corridor) of Division 4 (Zoning Districts).