§ 35-137

1.

Notice of a Coastal Development Permit approved pursuant to Section 35-137.3 shall be provided in accordance with Section 35-181 (Noticing). In addition, a copy of the approved Coastal Development

Permit shall be mailed, at least 10 calendar days prior to the date on which the Coastal Development Permit is to be issued, to owners of property located within 300 feet of the exterior boundaries of the lot that temporary use is located on and to any person who has filed a written request with the Planning and Development Department.

2.

Notice of projects that require a Conditional Use Permit shall be provided in a manner consistent with the requirements of Section 35-181 (Noticing).

Section. 35-137.7 Appeals.

1.

A Coastal Development Permit approved pursuant to Section 35-137.3 may be appealed consistent with the provisions of Section 35-182 (Appeals).

Section 35-137.8 Contents of an Application.

Application for a temporary use shall be made on forms provided by the County and shall include, in addition to all materials otherwise required pursuant to Section 35-169.3, such plans and other information as may reasonably be required by the Director of the Planning & Development Department for a complete understanding of the proposed temporary use and its consistency with the policies and development standards the certified Local Coastal Program, accompanied by an application fee as established by resolution of the Board of Supervisors.

Section 35-138. - Signs and Advertising Structures.

Except as provided below, signs and advertising structures are regulated by Article 1 of this Chapter 35 of the Code of Santa Barbara County and any amendments thereto.

(Amended by Ord. 4887, 06/09/2016)

A.

Special Sign Standards for Summerland.

1.

Applicability. Signs within the Commercial, Industrial, and Public Utility zones located within the Summerland Community Plan area shall comply with the regulations of the other Sections of this Chapter, as well as the regulations of this Section. If there is a conflict, the regulations of this Section shall apply.

2.

Allowed signs. Only those signs of each type listed below shall be allowed to be erected or maintained on any structure, or lot located in the Commercial, Industrial, and Public Utility Zones.

a.

Wall signs. One or more wall signs on each street frontage unlighted or indirectly lighted. These signs shall not exceed the lesser of the following areas:

1)

One-tenth of the square footage of the structure façade of that portion of a single floor occupied by a business and upon which façade the wall sign is to be located; or

2)

60 square feet.

If more than one business occupies the same structure, the businesses may have separate signs or they may share the sign space, so long as the combined sign area does not exceed the allowed sign area.

b.

Identification signs. One identification sign, unlighted or indirectly lighted, not to exceed 10 square feet in area, and not more than five feet in height measured from the ground to the top of the sign, that identifies the business primarily being conducted on the premises.

c.

Banner signs. One banner sign, unlighted, not to exceed 16 square feet on the façade having street frontage of the structure occupied by the business. The banner sign may not be displayed for more than a rolling 30-days within a three month period.

3.

Sign standards.

a.

Construction. The exposed face of signs shall be either of wood (painted and/or carved) or of painted nongloss material. Signs of other material shall be deemed to be banner signs.

b.

Illumination. Illuminated signs shall be externally lit and the lighting source shall be shielded or situated so as not to cast stray light beyond the property line on which they are installed. The source of illumination shall be extinguishable at closing time of the business.

c.

Neon signs. Neon signs that comply with the following criteria may be approved by the Board of Architectural Review in compliance with Section 35-184 (Board of Architectural Review):

1)

The sign is not within 100 feet of residentially zoned areas.

The sign does not face directly towards or is visible from residentially zoned areas.

3)

The sign is compatible with other uses on the property and in the immediate vicinity.

4)

The sign is appropriate for the type of structure.

5)

The sign is appropriate for the type of business.

6)

The sign is artistic and subtle in the design and execution.

7)

The sign is secondary in size and purpose to the primary signage of the business.

4.

Prohibited signs. It shall be unlawful to erect or maintain:

a.

Internally illuminated signs. (e.g., fluorescent tube behind plastic panel).

b.

Pole signs. Freestanding pole signs higher than five feet measured from the ground at the base of the supporting structure to the top of the sign.

Section 35-139. - Exterior Lighting.

(Amended by Ord. 4196, 05/16/1995; Amended by Ord. 4887, 06/09/2016; Amended by Ord. 4942, 12/14/2017)

All exterior lighting shall be hooded and no unobstructed beam of exterior lighting shall be directed toward any area zoned or developed residential, or toward any environmentally sensitive habitat area. No lighting shall be so designed as to interfere with vehicular traffic at any portion of a street. Division 13 (Summerland Community Plan Overlay), Division 14 (Goleta Community Plan and Eastern Goleta Valley Community Plan Overlay Districts), Division 16 (Montecito Community Plan Overlay District), and Division 17 (Gaviota Coast Plan Overlay) include additional requirements.

Section 35-140. - Tree Removal.

Section 35-140.1 Purpose and Intent.

The purpose of this section is to regulate the removal of certain trees within the Coastal Zone. The intent is to preserve healthy trees that are important for the protection of habitat areas and the scenic and visual quality of the County.

Section 35-140.2 Applicability.

A Coastal Development Permit under Section 35-169 shall be required for the removal of any tree which is six inches or more in diameter measured four feet above the ground and six feet or more in height and which is 1) located in a County street right-of-way; or 2) located within 50 feet of any major or minor stream except when such trees are removed for agricultural purposes; or 3) oak trees; or 4) used as a habitat by the Monarch Butterflies.

Section 35-140.3 Processing.

In addition to the requirements for the issuance of a Coastal Development Permit set forth in Section 35169, a Coastal Development Permit for the removal of trees shall not be issued unless the Coastal Planner makes one of the following findings:

1.

The trees are dead.

2.

The trees prevent the construction of a project for which a Coastal Development Permit has been issued and project redesign is not feasible.

3.

The trees are diseased and pose a danger to healthy trees in the immediate vicinity, providing a certificate attesting to such fact is filed with the Planning and Development Department by a licensed tree surgeon.

4.

The trees are so weakened by age, disease, storm, fire, excavation, removal of adjacent trees, or any injury so as to cause imminent danger to persons or property.

Section 35-141. - Mobile Homes on Foundation.

Where permitted in the applicable zone district, mobile homes which are certified under the National Mobile Home Construction and Safety Standards Act of 1974 (42 U.S.C. Section 5401 et seq.) on a permanent foundation system, pursuant to Health and Safety Code Section 18551, shall be subject to the following requirements:

1.

The mobile home shall have a roof overhang unless waived by the Director because the absence of a roof overhang would be appropriate and of good design in relation to other structures on the site and in the

immediately affected surrounding area; (Amended by Ord. 4585, 11/22/2005)

2.

Roofing and siding shall be non-reflective;

3.

Siding shall extend to the ground.

Section 35-142. - Accessory Dwelling Units and Junior Accessory Dwelling Units.[[2]]

Section 35-142.1 Purpose and Intent.

The purpose of this Section is to establish procedures and development standards for attached and detached accessory dwelling units and junior accessory dwelling units in compliance with California Government Code Sections 65852.2 and 65852.22. The intent is to encourage the development of accessory dwelling units and junior accessory dwelling units that contribute needed housing to the County's housing stock.

(Ord. No. 5194, § 28, 11-7-2023)

Section 35-142.2 Applicability.

An accessory dwelling unit or junior accessory dwelling unit may be allowed on a lot in compliance with the lists of allowable uses in Division 4, Zoning Districts.

(Ord. No. 5194, § 28, 11-7-2023)

Section 35-142.3 Allowed Use.

1.

As required by Government Code Section 65852.2, an accessory dwelling unit shall:

a.

Be deemed to be an accessory use or an accessory building.

b.

Not be considered to exceed the allowable density for the lot on which it is located.

c.

Be deemed to be a residential use that is consistent with the existing Comprehensive Plan land use designation, including the Coastal Land Use Plan and applicable zone for the lot on which the accessory dwelling unit is located.

d.

Not be considered in the application of any local ordinance, policy, or program to limit residential growth.

(Ord. No. 5194, § 28, 11-7-2023)

Section 35-142.4 Application and Processing Requirements.

1.

Permit required. Prior to the development or use of a building or portion thereof as an accessory dwelling unit or junior accessory dwelling unit, an application for a Coastal Development Permit shall be submitted in compliance with Section 35-57A (Application Preparation and Filing), and the Coastal Development Permit shall be issued in compliance with Section 35-169 (Coastal Development Permits).

2.

No Hearing Required. An application for a Coastal Development Permit for an accessory dwelling unit or junior accessory dwelling unit shall be considered without a hearing.

3.

Accessory to a principal dwelling. If an application for an accessory dwelling unit or junior accessory dwelling unit is submitted for a lot that does not contain a principal dwelling at the time of application, the application for a principal dwelling shall be submitted in conjunction with an application for an accessory dwelling unit or junior accessory dwelling unit.

a.

Final building permit inspection for the proposed principal dwelling shall be approved prior to final building permit inspection approval for the accessory dwelling unit.

4.

Conflicts with other sections of this Article. Except as provided in Section 35-142.4.5, below, where there are conflicts between the standards in this Section 35-142 (Accessory Dwelling Units and Junior Accessory Dwelling Units), 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.

5.

Coastal resource protection. If there is a conflict between the standards of this Section 35-142 (Accessory Dwelling Units and Junior Accessory Dwelling Units) and standards that protect coastal resources, the requirements which are most protective of coastal resources shall prevail.

6.

Development impact mitigation fees. Except as provided in Section 35-142.4.6.a, below, the applicant shall pay development impact mitigation fees in compliance with ordinances and/or resolutions in effect at the time the fees are paid. The amount of the required fee shall be determined by adopted fee resolutions and ordinances and applicable law in effect when paid, provided that the fee is charged proportionately in relation to the square footage of the principal dwelling.

a.

The applicant shall not be required to pay development impact mitigation fees for an accessory dwelling unit of less than 750 square feet or a junior accessory dwelling unit.

7.

Floor area. As used in this Section 35-142 (Accessory Dwelling Units and Junior Accessory Dwelling Units), "floor area" means the floor area within the inside perimeter of the exterior walls of the building under consideration, without deduction for corridors, stairways, ramps, closets, the thickness of interior walls, columns, or other features.

a.

Architectural Feature. An attached, un-inhabitable architectural feature (e.g., covered entry, covered patio, deck, balcony, etc.) may be allowed in addition to the floor area of the accessory dwelling unit. The architectural feature(s) shall be subordinate to the accessory dwelling unit and limited to a cumulative square footage total of 20% of the floor area of the accessory dwelling unit. The square footage calculation

shall be measured as the roof area (covered) or the footprint (uncovered). The square footage shall be capped at a maximum of 240 square feet for existing structures converted to an accessory dwelling unit that exceed 1,200 square feet in floor area. The height of the feature(s) shall not exceed the roofline of the accessory dwelling unit. Architectural feature(s) do not include attached garages, storage rooms, laundry rooms, and other enclosed spaces or unenclosed amenities. Architectural feature(s) shall comply with the setback requirements applicable to the accessory dwelling unit on the lot, provided that upper story unenclosed landings, decks, and balconies greater than 20 square feet shall be located a minimum of 10 feet from side, rear, and interior lot lines unless landscape screening with a six-foot minimum height is provided along the perimeter.

8.

Modifications. An accessory dwelling unit or junior accessory dwelling unit that does not comply with the requirements of this Section 35-142 (Accessory Dwelling Units and Junior Accessory Dwelling Units), may be allowed with the approval of a Modification in compliance with Section 35-179 (Modifications), provided that the applicant requests a delay and tolls the processing time period until final action is taken on the Modification.

9.

Nonconforming zoning conditions. An accessory dwelling unit located entirely or partially within a nonconforming accessory building may be allowed in compliance with Section 35-162 (Nonconforming Buildings and Structures); however, accessory dwelling units are not allowed within a nonconforming accessory building if the nonconforming accessory building is inconsistent with any of the coastal resource protection policies or coastal resource protection development standards of the certified Local Coastal Program.

10.

Variances. Variances shall not be granted for accessory dwelling units or junior accessory dwelling units.

11.

Residential second units. For purposes of this Section 35-142 (Accessory Dwelling Units and Junior Accessory Dwelling Units), a residential second unit previously permitted in compliance with this Article shall be considered the same as an accessory dwelling unit.

12.

Unpermitted existing development. For purposes of this Section 35-142 (Accessory Dwelling Units and Junior Accessory Dwelling Units), unpermitted existing development and any proposed improvements to unpermitted existing development to accommodate an accessory dwelling unit or junior accessory dwelling unit shall be considered new development.

13.

Must Yield Provision. Where the application of front setbacks stipulate that the standard must be complied with unless it would preclude development of an accessory dwelling unit of up to 800 square feet with side and rear setbacks of at least four feet, this standard must yield when there are no other physical locations to place an accessory dwelling unit on the lot without conflicting with other applicable provisions of this Section, such as height, setbacks, tree protection, grading, environmentally sensitive habitat areas, historic resources, and archaeological resources. A property owner's preference for a specific location on the lot does not constitute a reason to vary from objective standards. Nothing in this subsection shall be interpreted to apply new standards to an accessory dwelling unit developed in accordance with Section 35142.5, below that do not already apply. If encroachment into the front setback is required, it shall be the minimum necessary to accommodate the project.

(Ord. No. 5194, § 28, 11-7-2023)

Section 35-142.5 Accessory dwelling units located within residential or mixed-use zones.

This Section 35-142.5 provides standards for certain accessory dwelling units in accordance with Government Code Section 65852.2(e)(1). An accessory dwelling unit that complies with all of the following standards, as applicable, shall be permitted with a Coastal Development Permit and any other necessary approvals. An accessory dwelling unit that does not comply with this Section 35-142.5 may be allowed in compliance with Section 35-142.6, below.

1.

General standards. The following development standards shall apply to all accessory dwelling units allowed in compliance with this Section 35-142.5:

a.

Zoning. The accessory dwelling unit shall be located within one of the following residential or mixed-use zones. For purposes of this Section 35-142.5, mixed-use zones include commercial zones that allow a residential use, and a two-family dwelling (i.e., "dwelling, two-family," as defined in Section 35-58 (Definitions)) shall be considered a multiple-family dwelling residential use.

b.

Parking spaces not required. Parking spaces shall not be required for an accessory dwelling unit allowed in compliance with this Section 35-142.5.

c.

Additional standards. The accessory dwelling unit shall comply with the standards of Section 35-142.8, below.

2.

One accessory dwelling unit per lot located within a one-family dwelling or accessory structure. One accessory dwelling unit per lot located entirely (except as noted in Section 35-142.5.2.c.1, below) within an existing or proposed one-family dwelling or an existing accessory structure shall be approved with a Coastal Development Permit when in compliance with all of the following development standards:

a.

Exterior access. The accessory dwelling unit shall have exterior access separate from the one-family dwelling.

b.

Lot requirements. The lot shall contain an existing or proposed one-family dwelling.

c.

Location. The accessory dwelling unit shall be located entirely within the existing or proposed one-family dwelling or existing accessory structure, except as provided in Section 35-142.5.2.c.1, below.

1)

The accessory dwelling unit may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure and shall be limited to accommodating ingress and egress.

d.

Setbacks. The side and rear setbacks shall be sufficient for fire and safety purposes in compliance with the current, adopted edition of the California Fire Code and the California Building Code. The accessory dwelling unit shall also comply with the front setback requirements of the applicable zone, provided that this standard allow an accessory dwelling unit of up to 800 square feet to be constructed on the lot in compliance with other standards of this Section. All portions of the accessory dwelling unit, including eaves and roof overhangs, shall comply with these requirements.

e.

Junior accessory dwelling unit. An accessory dwelling unit that complies with the standards of this Section 35-142.5.2 may be located on the same lot as a junior accessory dwelling unit that complies with the standards of Section 35-142.7, below.

3.

One detached, new construction accessory dwelling unit per lot with a one-family dwelling. One detached, new construction accessory dwelling unit per lot with an existing or proposed one-family dwelling shall be approved with a Coastal Development Permit when in compliance with all of the following development standards:

a.

Lot requirements. The lot shall contain an existing or proposed one-family dwelling.

b.

Location. The accessory dwelling unit shall be located within a detached, new construction accessory building that is not attached to another accessory structure.

c.

Maximum floor area. The floor area of the accessory dwelling unit shall not exceed 800 square feet.

d.

Maximum height. The height of the accessory dwelling unit shall not exceed 16 feet as measured in compliance with Section 35-127 (Height). For lots with an existing or proposed one-family dwelling that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Public Resources Code Section 21155, the height of the accessory dwelling unit shall not exceed a height of 18 feet.

e.

Setbacks. The accessory dwelling unit shall have side and rear setbacks of at least four feet and shall comply with the front setback requirements of the applicable zone, provided that this standard allows an accessory dwelling unit of up to 800 square feet to be constructed on the lot. For interior lots, standard interior lot setbacks applicable to a principal dwelling shall apply provided that this standard allow an

accessory dwelling unit of up to 800 square feet to be constructed on the lot with minimum four foot interior setbacks in compliance with other standards of this Section 35-142.3. All portions of the accessory dwelling unit, including eaves and roof overhangs, shall comply with these requirements.

f.

Junior accessory dwelling unit. An accessory dwelling unit that complies with the standards of this Section 35-142.5.3 may be located on the same lot as a junior accessory dwelling unit that complies with the standards of Section 35-142.7, below.

4.

One or more accessory dwelling units per lot located entirely within an existing multiple-family dwelling or accessory structure. One or more accessory dwelling units located within an existing multiple-family dwelling or existing accessory structure shall be approved with a Coastal Development Permit when in compliance with all of the following development standards:

a.

Lot requirements.

1)

The lot may contain at least one accessory dwelling unit and shall contain no more accessory dwelling units than 25 percent of the existing multiple-family dwelling units. For example, a lot containing eight multiple-family dwelling units may contain up to two accessory dwelling units.

a)

Fractional units. If the number of allowed accessory dwelling units includes a fraction of a unit, any decimal fraction less than 0.5 shall be rounded down to the nearest whole unit and any decimal fraction of 0.5 or more shall be rounded up to the nearest whole unit.

2)

The lot shall contain an existing multiple-family dwelling.

b.

Location. Each accessory dwelling unit shall be located entirely within the existing multiple-family dwelling or accessory structure that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, attics, basements, or garages.

5.

Up to two detached accessory dwelling units per lot with an existing multiple-family dwelling. Up to two detached accessory dwelling units per lot with an existing multiple-family dwelling shall be approved with a Coastal Development Permit when in compliance with all of the following development standards:

a.

Lot requirements.

1)

The lot shall contain no more than two accessory dwelling units.

2)

The lot shall contain an existing multiple-family dwelling.

b.

Location. Each accessory dwelling unit shall be located entirely within an existing detached accessory structure or a detached, new construction accessory building.

c.

Maximum height. The height of each accessory dwelling unit shall not exceed 16 feet as measured in compliance with Section 35-127 (Height). For lots with an existing or proposed multiple-family dwelling that is multi-story or within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Public Resources Code Section 21155, the height of the accessory dwelling unit shall not exceed a height of 18 feet.

d.

Setbacks. The accessory dwelling unit(s) shall have side and rear setbacks of at least four feet and shall comply with the front setback requirements of the applicable zone, provided that this standard allow up to two accessory dwelling units of up to 800 square feet to be constructed on the lot. For interior lots, standard interior lot setbacks applicable to a principal dwelling shall apply provided that this standard allow an accessory dwelling unit(s) of up to 800 square feet to be constructed on the lot with minimum four foot interior setbacks in compliance with other standards of this Section 35-142. All portions of the accessory dwelling unit(s), including eaves and roof overhangs, shall comply with these requirements.

(Ord. No. 5194, § 28, 11-7-2023)

Section 35-142.6 Accessory dwelling units located within zones that allow one-family or multiple-family residential use.

This Section 35-142.6 provides standards for accessory dwelling units that do not comply with Section 35142.5.1 through 5.5, above. An accessory dwelling unit that complies with all of the following standards, as applicable, shall be permitted with a Coastal Development Permit and any other necessary approvals.

1.

General standards. The following development standards shall apply to all accessory dwelling units allowed in compliance with this Section 35-142.6:

a.

Zoning. The accessory dwelling unit shall be located within one of the following zones that allow one-family or multiple-family dwelling residential use. For purposes of this Section 35-142.6, a two-family dwelling (i.e., "dwelling, two-family," as defined in Section 35-58 (Definitions)) shall be considered a multiple-family dwelling residential use.

b.

Lot requirements.

1)

The lot shall contain no more than one accessory dwelling unit.

2)

The lot shall contain an existing or proposed one-family dwelling or multiple-family dwelling.

c.

Additional standards. The accessory dwelling unit shall comply with the standards of Section 35-142.8, below.

2.

Appearance and style. The exterior appearance and architectural style of an accessory dwelling unit shall comply with the following:

a.

Conversion. Any exterior alterations to an existing building that result from the conversion of all or a portion of an existing building to an accessory dwelling unit shall be limited to minor alterations such as the addition of doors and windows.

b.

New construction.

1)

The design of an accessory dwelling unit that will be attached to an existing building shall reflect the exterior appearance and architectural style of the existing building to which it is attached and use the same or comparable exterior materials, roof covering, colors, and design for trim, windows, roof pitch, and other exterior physical features.

2)

Exterior lighting shall comply with all of the following standards:

a)

All exterior lighting shall be hooded and fully shielded.

b)

Each exterior lighting fixture shall not exceed 800 lumens if located within the Rural Area and 1,600 lumens if located within the Urban Area.

c)

Each exterior lighting fixture shall not exceed 3,000 Kelvin.

d)

Landscape and pathway lighting fixtures shall not exceed four feet in height.

e)

Security lighting shall be controlled by a motion sensor switch or timer between dusk and dawn.

f)

Any additional lighting requirements within applicable community plan overlays.

3)

Proposed landscaping shall be comparable to existing landscaping on the lot in terms of plant species and density of planting, as may be modified to ensure compliance with water efficient landscaping requirements in accordance with the Water Efficient Landscape Ordinance (WELO).

3.

Grading. Grading associated with an accessory dwelling unit, inclusive of any grading required to establish access, shall be limited to 250 cubic yards and the accessory dwelling unit shall be located on existing slopes of 20 percent or less under the footprint of the accessory dwelling unit, provided that this standard permits an accessory dwelling unit of up to 800 square feet with four-foot side and rear setbacks to be

constructed on the lot in compliance with all other applicable standards of this Section 35-142 (Accessory Dwelling Units and Junior Accessory Dwelling Units).

4.

Height limit.

a.

Conversion. An accessory dwelling unit located entirely within an existing one-family dwelling, multiplefamily dwelling, or accessory structure shall not be subject to a height limit.

b.

New construction.

1)

Attached accessory dwelling units. The height of an attached accessory dwelling unit that is proposed to be located above another floor or on grade where there is no floor above shall be limited to 25 feet and two stories and shall not exceed the maximum allowable height limit for the principal dwelling in the applicable zone.

2)

Detached accessory dwelling units.

a)

One-story accessory dwelling units. The height of a detached, one-story accessory dwelling unit shall not exceed a vertical distance of 16 feet as measured in compliance with Section 35-127 (Height). For lots with an existing or proposed one-family dwelling that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Public Resources Code Section 21155, the height of the accessory dwelling unit shall not exceed a height of 18 feet. If located above or below the floor of another accessory structure, the combined height shall not exceed the maximum allowable height limit for the principal dwelling in the applicable zone, or 25 feet, whichever is less.

b)

Two-story accessory dwelling units. The height of a detached, two-story accessory dwelling unit shall not exceed the maximum allowable height limit for a principal dwelling in the applicable zone or a vertical distance of 25 feet, whichever is less, as measured in compliance with Section 35-127 (Height).

5.

Historic resources. An accessory dwelling unit shall not be located within, attached to, or located on the same lot as a structure listed in, or determined to be eligible for listing in the California Register of Historical Resources or the National Register of Historic Places, or a structure designated, or determined to be eligible for designation as a County Historic Landmark or County Place of Historic Merit unless the proposed accessory dwelling unit follows the Secretary of the Interior's Standards for the Treatment of

listed in, or determined to be eligible for listing in the California Register of Historical Resources or the National Register of Historic Places, or a structure designated, or determined to be eligible for designation as a County Historic Landmark or County Place of Historic Merit unless the proposed accessory dwelling unit follows the Secretary of the Interior's Standards for the Treatment of

Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings (U.S. Department of the Interior, National Park Service, 2017) or the Secretary of the Interior's Standards for Rehabilitation (36 CFR Part 67, 1990) and Guidelines for Rehabilitating Historic Buildings (Weeks and Grimmer, 1995), as may be amended. If a detached accessory dwelling unit is proposed to be located on the same lot as a historic or potentially historic structure described above, the applicant shall provide a written assessment from a Department-approved historian confirming that the proposed accessory dwelling unit shall be in conformance with this requirement.

6.

Archaeological resources and tribal cultural resources. A new construction attached or detached accessory dwelling shall be located at least 50 feet from the site boundaries of any archaeological resources or tribal cultural resources, unless a written assessment or a California Native American tribe recommends a greater buffer distance. Applicants shall submit a written assessment of any (1) archaeological resources that may qualify as "historical resources" as defined in CEQA Guidelines Section 15064.5(a), or (2) sites, features, cultural landscapes, sacred places, objects, or resources that may qualify as "tribal cultural resources" as defined in Public Resources Code Section 21074 that are located within 100 feet of the proposed accessory dwelling unit. The written assessment shall be prepared by a Department-approved archaeologist or other qualified professional and shall define the characteristics and site boundaries of the archaeological resources or tribal cultural resources.

7.

Location. The accessory dwelling unit shall comply with one of the following:

a.

Conversion. The accessory dwelling unit shall be located entirely within an existing one-family dwelling, multiple-family dwelling, or accessory structure.

b.

Attached accessory dwelling unit. An attached accessory dwelling unit shall be located entirely or partially within an addition to a one-family dwelling, multiple-family dwelling, or an attached accessory structure.

c.

Detached accessory dwelling unit. A detached accessory dwelling unit shall be located entirely or partially within a proposed detached accessory structure or an addition to an existing detached accessory structure.

d.

Development envelope. If a development envelope has been recorded through a subdivision and the record demonstrates that the development envelope was established for the protection of public health and safety or coastal resource protection, then the accessory dwelling unit shall be located within the development envelope.

e.

Location on lot. A detached accessory dwelling unit shall comply with the following standards, provided that these standards allow an accessory dwelling unit of up to 800 square feet with four-foot side and rear setbacks to be constructed on the lot in compliance with all other applicable standards of this Section 35142 (Accessory Dwelling Units and Junior Accessory Dwelling Units):

1)

Lots .5 acres or larger but less than two acres. For lots that are .5 acres or larger but less than two acres, a detached accessory dwelling unit shall not be located closer to the principal abutting street than the principal dwelling unless other zoning provisions such as setback requirements would prohibit compliance with this requirement.

2)

Lots two acres or larger but less than 20 acres. For lots that are two acres or larger but not larger than 20 acres, a detached accessory dwelling unit shall not be located closer to any property line than the lesser of 100 feet or the distance from the principal dwelling to that property line unless other zoning provisions such as setback requirements, or the location of existing development on the lot including agricultural operations, would prohibit compliance with this requirement.

3)

Lots larger than 20 acres. For lots that are larger than 20 acres, the location of a detached accessory dwelling unit is not restricted provided the location complies with zoning requirements such as applicable setback requirements or building envelopes.

4)

A new construction detached accessory dwelling unit shall be clustered with other existing structures to the maximum extent feasible.

8.

Maximum floor area. The floor area of the accessory dwelling unit shall not exceed the following standards, provided that these standards allow an accessory dwelling unit of up to 800 square feet with four-foot side and rear setbacks to be constructed on the lot in compliance with all other applicable standards of this Section 35-142 (Accessory Dwelling Units and Junior Accessory Dwelling Units):

a.

Conversion. The floor area of an accessory dwelling unit located entirely within an existing structure shall not exceed 1,200 square feet.

b.

New construction.

Lots of 15,000 net square feet or less. 850 square feet for an accessory dwelling unit that provides one bedroom or less and 1,000 square feet for an accessory dwelling unit that provides two or more bedrooms.

2)

Lots greater than 15,000 net square feet. 1,200 square feet.

3)

Attached accessory dwelling units. In addition to the floor area limits of Section 35-142.6.8.b.1) and 2), above, the floor area of an attached accessory dwelling unit shall not exceed 50 percent of the floor area of the principal dwelling that exists at the time of application for the accessory dwelling unit.

9.

Parking.

a.

New construction. A new construction detached accessory dwelling unit shall comply with the following parking requirements:

1)

Except as provided in Section 35-142.6.9.a.2), below, one parking space per accessory dwelling unit shall be required for a new construction detached accessory dwelling unit. The space may be provided in any of the following configurations:

a)

Tandem parking on a driveway or in a location outside of the required setback areas.

b)

On a driveway located within the front, side, or rear setback area.

2)

A parking space shall not be required for a new construction detached accessory dwelling unit that complies with any of the following criteria:

a)

The accessory dwelling unit is located within one-half mile walking distance of public transit (e.g., a bus stop).

b)

The accessory dwelling unit is located within an architecturally and historically significant historic district.

c)

On-street parking permits are required, but not offered to the occupant of the accessory dwelling unit.

d)

A car share vehicle is located within one block of the accessory dwelling unit.

10.

Setbacks. The setbacks for an accessory dwelling unit shall not exceed the following standards, provided that these standards permit an accessory dwelling unit of up to 800 square feet with four-foot side and rear setbacks to be constructed on the lot in compliance with all other applicable standards of this Section 35142 (Accessory Dwelling Units and Junior Accessory Dwelling Units):

a.

Conversion. No setbacks shall be required for an existing living area or accessory structure converted to an accessory dwelling unit or a portion thereof. For purposes of this Section 35-142.6.10.a, "living area" means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

b.

New construction.

1)

Except as provided in Section 35-142.6.10.b.2), below, the accessory dwelling unit shall comply with the setback requirements that apply to accessory structures, provided that the accessory dwelling unit has side and rear setbacks of at least four feet. For interior lots, standard interior lot setbacks applicable to a principal dwelling shall apply provided that this standard allow an accessory dwelling unit(s) of up to 800 square feet to be constructed on the lot with minimum four foot interior setbacks in compliance with other standards of this Section. All portions of the accessory dwelling unit, including eaves and roof overhangs, shall comply with these requirements.

2)

No setback shall be required for a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or a portion thereof.

11.

Tree protection. An application for an accessory dwelling unit shall comply with the following standards or applicable community plan requirement, whichever is more protective.

a.

All development associated with the accessory dwelling unit shall avoid the removal of or damage to all protected trees. For the purposes of this Section 35-142.7.11, protected trees are defined for the purpose of this policy as (1) mature and/or (2) roosting/nesting trees that do not pose a threat to health and safety.

Non-native, invasive species are not protected if they are not roosting/nesting trees. Protected trees include:

1)

Oaks (Quercus agrifolia).

2)

Sycamores (Platanus racemosa).

3)

Willow (Salix sp.).

4)

Maples (Acer macrophyllum).

5)

California Bay Laurels (Umbellularia californica).

6)

Cottonwood (Populus fremontii and Populus balsamifera).

7)

White Alder (Alnus rhombifolia).

8)

California Walnut (Juglans californica).

9)

Any tree serving as known or discovered raptor nesting and/or raptor roosting sites.

10)

Any trees serving as Monarch butterfly habitat, including aggregation sites.

b.

No grading, paving, or other site disturbance shall occur within the area six feet outside of the dripline of the tree(s), unless the conclusion of a report submitted by the applicant and prepared by a licensed arborist states that the proposed grading, paving, or other site disturbance will not damage or harm the tree(s).

c.

Where removal of protected trees cannot be avoided through the implementation of project alternatives that accommodate an accessory dwelling unit of up to 800 square feet, or where development encroachments into the area within six feet of the dripline of protected trees result in the loss or worsened health of the trees, mitigation measures shall include, at a minimum, the planting of replacement trees (native trees only) on-site, if suitable area exists on the project site, at a ratio of 10 replacement trees for every one tree. Where on-site mitigation is not feasible, the most proximal off-site mitigation shall be required.

(Ord. No. 5194, § 28, 11-7-2023)

Section 35-142.7 Junior accessory dwelling units.

One junior accessory dwelling unit per lot located within an existing or proposed one-family dwelling shall be allowed with a Coastal Development Permit and any other necessary approvals when in compliance with all of the following development standards:

1.

General standards.

a.

Zoning. The junior accessory dwelling unit shall be located within one of the following one-family zones or zones that allow one-family dwelling residential use:

b.

Lot requirements.

1)

The lot shall contain no more than one junior accessory dwelling unit.

The lot shall contain an existing or proposed one-family dwelling.

c.

Additional standards. The junior accessory dwelling unit shall comply with the standards of Section 35142.8, below.

2.

Declaration of Restrictions. Prior to the issuance of a Building Permit for a junior accessory dwelling unit, the owner shall record a Declaration of Restrictions, which shall run with the land, in compliance with Section 35-179D (Recordable Documents). The owner shall record the Declaration of Restrictions with the County of Santa Barbara Clerk-Recorder and file the Declaration of Restrictions with the Planning and Development Department. The Declaration of Restrictions shall include both of the following:

a.

A prohibition on the sale of the junior accessory dwelling unit separate from the one-family dwelling, including a statement that the deed restriction shall be enforced against future purchasers; and

b.

A restriction on the size and attributes of the junior accessory dwelling unit that conforms with the standards of this Section 35-142.7.

3.

Efficiency kitchen. The junior accessory dwelling unit shall have an efficiency kitchen that includes the following:

a.

A cooking facility with appliances, including at least a two-burner stove, sink, and freestanding refrigerator; and

b.

Food preparation and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit and not less than four feet in length.

4.

Exterior access. The junior accessory dwelling unit shall have separate exterior access from the one-family dwelling.

5.

Location. The junior accessory dwelling unit shall be located entirely within an existing or proposed onefamily dwelling or attached garage. The junior accessory dwelling unit shall not be located within any other

attached or detached accessory structure.

6.

Maximum floor area. The floor area of the junior accessory dwelling unit shall not exceed 500 square feet.

7.

Owner-occupancy. Except as provided below in Section 35-142.7.7.a, owner-occupancy shall be required for the junior accessory dwelling unit or the one-family dwelling in which the junior accessory dwelling unit is located.

a.

Owner-occupancy shall not be required if the owner of the junior accessory dwelling unit is a governmental agency, land trust, or housing organization.

8.

Parking.

a.

New parking spaces. No new parking spaces shall be required for a junior accessory dwelling unit allowed in compliance with this Section 35-142.7.

b.

Replacement parking. In addition to the replacement parking requirements set forth in Section 35-142.8.7 below, replacement parking spaces to satisfy the parking requirements of the principal dwelling shall be required for a junior accessory dwelling unit located within an attached garage.

9.

Sanitation facilities. The junior accessory dwelling unit shall include separate sanitation facilities or share sanitation facilities with the one-family dwelling. If shared, interior access to the main living area of the principal dwelling shall be required.

10.

Setbacks. The side and rear setbacks shall be sufficient for fire and safety purposes in compliance with the current, adopted edition of the California Fire Code and the California Building Code. The junior accessory dwelling unit shall comply with the front setback requirements of the applicable zone. All portions of the junior accessory dwelling unit, including eaves and roof overhangs, shall comply with these requirements.

11.

Accessory dwelling unit. A junior accessory dwelling unit that complies with the standards of this Section 35-142.7 may be located on the same lot as an accessory dwelling unit that complies with the standards of Section 35-142.5.2 or 5.3, above.

(Ord. No. 5194, § 28, 11-7-2023)

Section 35-142.8 Additional standards that apply to all accessory dwelling units and junior accessory dwelling units.

The following development standards shall apply to all accessory dwelling units and junior accessory dwelling units in addition to the development standards set forth in Section 35-142.5 (Accessory dwelling units and junior accessory dwelling units located within residential or mixed-use zones), Section 35-142.6 (Accessory dwelling units located within zones that allow one-family or multiple-family uses), or Section 35142.7 (Junior accessory dwelling units), as applicable.

1.

Minimum floor area. At a minimum, the floor area of an accessory dwelling unit or junior accessory dwelling unit shall be sufficient to allow for an Efficiency Unit in compliance with Health and Safety Code Section 17958.1 and California Building Code Section 1207.4 or successor statute.

2.

Passageway not required. A passageway, defined for the purpose of this section as a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit, shall not be required in conjunction with the construction of an accessory dwelling unit or junior accessory dwelling unit.

3.

Building Separation. No building separation between accessory dwelling unit(s) and other structures shall be required as long as all the structures meet minimum Building Code safety standards and allow for separate access.

4.

Kitchen. Except as provided in Section 35-142.7.3 above, an accessory dwelling unit shall provide complete independent living facilities for one or more persons, including permanent provisions for eating and cooking inclusive of the following.

a.

A cooking facility with appliances, including at least a range, sink, and freestanding refrigerator; and

b.

Food preparation counter and storage cabinets that are of reasonable size in relation to the size of the accessory dwelling unit and not less than four feet in length.

5.

Rental restrictions.

a.

An accessory dwelling unit or junior accessory dwelling unit may be used for rentals provided that the length of any rental is longer than 30 consecutive days.

b.

The use of an accessory dwelling unit or junior accessory dwelling unit as a Homestay or Short-Term Rental shall be prohibited in all zones.

6.

Sale restriction. Except as provided in Government Code Section 65852.26, an accessory dwelling unit or junior accessory dwelling unit shall not be sold or otherwise conveyed separate from principal dwelling(s).

7.

Replacement parking spaces required.

a.

To preserve coastal access, for parcels outside of Isla Vista located within a quarter-mile of the inland extent of any beach or coastal bluff or south/west of Highway 101, whichever is closer, on-site replacement parking space(s) shall be required for any parking space(s) serving the principal dwelling that are removed to accommodate construction of an accessory dwelling unit or junior accessory dwelling unit.

b.

To preserve coastal access, for parcels located in Isla Vista south of El Colegio Road, on-site replacement parking space(s) shall be required for any parking space(s) serving the principal dwelling that are removed to accommodate construction of an accessory dwelling unit or junior accessory dwelling unit.

Replacement parking may be provided in any of the following configurations:

a)

Tandem parking on a driveway or in a location outside of the required front and side setback areas.

b)

On a driveway located within the front, side, or rear setback area, provided there is no encroachment into the public right-of-way.

8.

Coastal resource protection.

a.

Environmentally sensitive habitat areas. All development associated with the construction of the accessory dwelling unit shall be located in compliance with the requirements of Section 35-97 (ESH - Environmentally Sensitive Habitat Area Overlay District) and all applicable ESH policies and provisions of the certified Local Coastal Program.

b.

The accessory dwelling unit shall not significantly obstruct public views from any public road or from a public recreation area to, and along, the coast.

c.

The accessory dwelling unit shall not obstruct public access to and along the coast or public trails.

d.

Lots zoned AG-I and AG-II. The development of a detached accessory dwelling unit on lots zoned AG-I (Agriculture I) and AG-II (Agriculture II) shall also comply with the Coastal Act Section 30241, the development standards shown above, and the agriculture protection policies and development standards of the certified Local Coastal Program. If these requirements are in conflict with other provisions of the Coastal Land Use Plan or any applicable community or area plan, this Article, or any permit conditions established by the County, the requirements which are most protective of coastal resources shall control.

(Ord. No. 5194, § 28, 11-7-2023)

Footnotes:

--- ( 2 ) ---

Editor's note— Ord. No. 5194, § 28, adopted November 7, 2023, repealed and reenacted Section 35-142 in its entirety to read as herein set out. Formerly, Section 35-142, §§ 35-142.1—35-142.11, pertained to accessory dwelling units, and derived from original codification.

Section 35-143. - Community Care Facilities.

(Amended by Ord. 4378, 11/16/1999; Amended by Ord. 4964, 12/14/2017)

A.

Purpose and applicability. This Section establishes standards for community care facilities where allowed in compliance with Division 4 (Zoning Districts) and Section 35-172 (Conditional Use Permits). Community care facilities shall be operated in compliance with State law and in a manner that recognizes the needs of community care operators and minimizes the effects on surrounding properties. Licensing by the appropriate State agency is required for community care facilities unless they are able to operate legally without a license in compliance with State law.

B.

Family day care home. Small and large family day care home, serving children.

1.

Allowable uses and permit requirements, for day care homes serving adults. Small and large family day care homes, serving adults shall be allowed in compliance with Division 4 (Zoning Districts).

a.

The use of a family day care home shall be incidental and secondary to the use of the property for residential purposes and must be located in the day care provider's current residence.

2.

Allowable uses and permit requirements, for day care home serving children. Small and large family day care homes, serving children shall be considered a residential use unless otherwise preempted by State Law, and exempt from permit requirements in compliance with Division 4 (Zoning Districts).

3.

Standards.

a.

During the operation of the family day care home, the provider shall have a valid license or a statement of exemption from licensing requirements from the California State Department of Social Services if such license or exemption is required in compliance with Health and Safety Code Section 1597.44.

C.

Day care centers.

1.

Allowable uses and permit requirements, for adult day care centers. A day care center where group care is provided for fifteen (15) or more adults, may be allowed in compliance with Division 4 (Zoning Districts).

2.

Allowable uses and permit requirements, for child day care centers. A day care center where group care is provided for fifteen (15) or more children, may be allowed in compliance with Division 4 (Zoning Districts).

a.

Day care center, accessory use to dwelling. A day care center where group care is provided in a dwelling for fifteen (15) or more children, including children who reside at the home, as an accessory use to the principal use of a lot as a dwelling may be allowed in compliance with Section 35-172 (Conditional Use Permits).

b.

Day care center, accessory use to non-dwelling use. A day care center that is accessory to a nonresidential principal assembly use (e.g., school, church, conference center, clubhouse and/or office) may be allowed in compliance with the following specifications:

Day care centers serving up to and including fifty (50) children may be allowed with a Coastal Development Permit in compliance with Section 35-169 (Coastal Development Permits). If the existing non-dwelling principal assembly use is subject to a Minor Conditional Use Permit, a revision to the Minor Conditional Use Permit is not required to allow the day care center serving up to and including fifty (50) children.

2)

Day care centers serving fifty-one (51) or more children may be allowed with a Coastal Development Permit in compliance with Section 35-169 (Coastal Development Permits), and a revision to the existing permit (e.g. Conditional Use Permit) for the principal use of the lot.

c.

Day care center, principal use. A day care center where group care is the principal use of a lot may be allowed in compliance with Division 4 (Zoning Districts).

1)

Day care centers serving up to and including fifty (50) children may be allowed with a Coastal Development Permit in compliance Section 35-169 (Coastal Development Permits) and a revision to the existing permit (e.g. Conditional Use Permit) for the principal use of the lot.

2)

Day care centers serving fifty-one (51) or more children may be allowed with a minor conditional use permit in compliance with Section 35-172 (Conditional Use Permits).

3.

Standards.

a.

Day care centers shall comply with the parking standards in Division 6 (Parking Standards).

D.

Special Care Homes.

1.

In general.

a.

Special care homes are residential care facilities (including group homes) licensed by the State that provide non-medical care on a 24-hour basis to persons who require special care or services including assistance with daily living activities.

A special care home may provide incidental medical services such as the giving of medication that can normally be self-administered.

b.

The requirements of this Article may be modified in compliance with Section 35-144Q (Reasonable Accommodation) if necessary to comply with the Federal Fair Housing Act and the California Fair Employment and Housing Act relating to accommodations for persons with disabilities including allowances for structural installations that are necessary to accommodate disabled residents (e.g., handrails, lifts, ramps).

c.

During the operation of a special care home the provider shall have a valid license or a statement of exemption from licensing requirements from the California State Department of Social Services in compliance with State law.

2.

Special care homes serving six or fewer persons. For the purposes of this Subsection D.2, the term family dwelling includes single-family dwellings, units in multifamily dwellings, including units in duplexes and units in apartment dwellings, mobilehomes, including mobilehomes located in mobilehome parks, units in cooperatives, units in condominiums, units in townhouses, and units in planned unit developments.

a.

Considered a residential use. In compliance with California Health and Safety Code Section 1566.3, a special care home licensed by the State that serve six or fewer persons shall be considered a residential use of property, and the residents and operators of the facility shall be considered a family as this term is used in this Article in relation to the residential use of property.

b.

Allowable restrictions.

1)

Restrictions on structure height, setbacks, lot dimensions or placement of signs of a special care home that serves six or fewer persons may be applied as long as such restrictions are identical to those applied to other family dwellings of the same type in the same zone.

2)

A special care home that serves six or fewer persons shall comply with County ordinances that deal with health and safety, building standards, environmental impact standards, or any other matter within the jurisdiction of the County including the imposition of fines and other penalties associated with violations of local ordinances provided the ordinance:

a)

Does not distinguish special care homes that serve six or fewer persons from other family dwellings of the same type in the same zone; and,

b)

Does not distinguish residents of the special care home from persons who reside in other family dwellings of the same type in the same zone.

c.

Considered a dwelling. Special care homes that serve six or fewer persons are considered a dwelling and shall be allowed in compliance with Division 4 (Zoning Districts) and Section 35-172 (Conditional Use Permits). Such facilities shall not be included within the definition of a boarding house, rooming

house, institution or home for the care of minors, the aged, or persons with mental health disorders, foster care home, guest home, rest home, community residence, or other similar term that implies that the facility is a business run for profit or differs in any other way from a family dwelling.

d.

Fees. Such facilities shall not be subject to any business taxes, local registration fees, use permit fees, or other fees to which other dwellings of the same type in the same zone are not likewise subject.

e.

Not a change in occupancy. Use of a family dwelling for purposes of a special care home serving six or fewer persons shall not constitute a change of occupancy for purposes of local building codes.

f.

Processing.

1)

Special care homes that serve six or fewer persons may be allowed in compliance with Division 4 (Zoning Districts) and Section 35-172 (Conditional Use Permits). The review of an application for such a special care home shall be a ministerial action and no Conditional Use Permit, Variance, or other planning permit shall be required the special care home that is not required of a dwelling of the same type in the same zone.

2)

If required, notice of the application and pending decision on a permit for a special care home shall be given in compliance with Section 35-181 (Noticing).

3)

When a special care home serving six or fewer persons is proposed to be located in a zone where the residential use requires a conditional use permit, an additional conditional use permit is not required for the special care home if the residential use has obtained the necessary conditional use permit in compliance with Section 35-172 (Conditional Use Permits).

Special care homes serving seven or more persons.

a.

Minor Conditional Use Permit required. A special care home serving seven or more persons shall be required to obtain a Minor Conditional Use Permit in compliance with Division 4 (Zoning Districts) and Section 35-172 (Conditional Use Permits) prior to the operation of the special care home.

b.

Development standards.

1)

There shall be only a single kitchen.

2)

Off-street parking shall be provided in compliance with Division 6 (Parking Regulations).

(Ord. No. 5168, § 18, 11-29-2022)

Section 35-143.5 Reserved.

Editor's note— Ord. No. 5204, § 27, adopted February 13, 2024, repealed the former Section 35-143.5 in its entirety, which pertained to transitional and supportive housing and derived from Ord. No. 5004, adopted December 14, 2017.

Section 35-144. - Ridgeline and Hillside Development Guidelines.

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

Section 35-144.1 Purpose and Intent.

The purpose of this section is to provide for the visual protection of the County's ridgelines and hillsides by requiring the Board of Architectural Review to review all proposed structures within the areas defined under Section 35-144.2, in terms of the guidelines as outlined in Section 35-144.3. The intent of this section is to encourage architectural designs and landscaping which conform to the natural topography on hillsides and ridgelines.

Section 35-144.2 Applicability.

All structures proposed to be constructed in any zone district where there is a 16 foot drop in elevation within 100 feet in any direction from the proposed building footprint shall be subject to design review in compliance with Section 35-184 (Board of Architectural Review) for conformity with the Development Guidelines contained in Section 35-144.3.

Section 35-144.3 Development Guidelines.

The Board of Architectural Review shall have the discretion to interpret and apply the Ridgelines and Hillside Guidelines.

1.

Urban Areas. The following development guidelines shall apply within Urban Areas as designated on the Local Coastal Program maps:

a.

The height of any structure should not exceed 25 feet wherever there is a 16 foot drop in elevation within 100 feet of the proposed structure's location.

b.

Proposed structures should be in character with adjacent structures.

c.

Large understories and exposed retaining walls should be minimized.

d.

Landscaping should be compatible with the character of the surroundings and the architectural style of the structure.

e.

Development on ridgelines shall be discouraged if suitable alternative locations are available on the parcel.

2.

Rural and Inner Rural Areas. The following development guidelines shall apply within Rural and Inner-Rural Areas as designated on the Local Coastal Program Maps:

a.

The height of any structure should not exceed 16 feet wherever there is a 16 foot drop in elevation within 100 feet of the proposed structural location.

b.

Building rake and ridge line should conform to or reflect the surrounding terrain.

c.

Materials and colors should be compatible with the character of the terrain and natural surroundings of the site.

d.

Large, visually unbroken and/or exposed retaining walls should be minimized.

e.

Landscaping should be used to integrate the structure into the hillside, and shall be compatible with the adjacent vegetation.

f.

Grading shall be minimized, in accordance with the Comprehensive Plan goals.

g.

Development on ridgelines shall be discouraged if suitable alternative locations are available on the parcel.

Section 35-144.4 Exemptions.

1.

The Board of Architectural Review may exempt a new structure or an alteration to an existing structure from compliance with these guidelines, in compliance with Section 35-184 (Board of Architectural Review) provided that in their review of the structure they find that one or more of the following situations applies to the proposed development:

a.

Due to unusual circumstances, strict adherence to these guidelines would inordinately restrict the building footprint or height below the average enjoyed by the neighborhood. For example, significant existing vegetation, lot configuration, topography or unusual geologic features may necessitate exceeding the height limit in order to build a dwelling comparable to other structures in the neighborhood.

b.

In certain circumstances, allowing greater flexibility in the guidelines will better serve the interests of good design, without negatively affecting neighborhood compatibility or the surrounding viewshed.

2.

The Director of Planning and Development may exempt a new structure or an alteration to an existing structure from compliance with these guidelines provided that in his review of the structure he finds that one or more of the following situations applies to the proposed development:

a.

The proposed site is on or adjacent to a minor topographic variation (e.g., gully), such that the 16 foot drop in elevation is not the result of a true ridgeline or hillside condition.

3.

The following structures are exempt from these guidelines:

a.

Windmills and water tanks for agricultural purposes are exempt.

b.

Poles, towers, antennas, and related facilities of public utilities used to provide electrical, communications or similar service.

Section 35-144A. - Local Design Standards.

Local design standards for a particular community, area, or district may be developed as part of or independently of a County-processed Community/Area Plan. Such standards would serve to provide further guidance in the review of projects for said geographic area, beyond those standards of findings contained in Section 35-184 (Board of Architectural Review) of this Article. The following procedures shall be followed in adopting local design standards:

1.

The County Board of Architectural Review shall review proposed local design standards at a draft stage. The Board of Architectural Review shall provide comments on the draft local design standards as to their consistency with the provisions of Section 35-184 (Board of Architectural Review), as well as their overall utility and effectiveness. These comments shall be incorporated into the draft local standards by appropriate County staff or representatives.

2.

The Planning Commission shall hold a hearing to review the proposed local design standards and shall transmit its action to the Board of Supervisors in the form of a written recommendation.

3.

The Board of Supervisors shall hold a hearing to review and adopt the proposed local design standards. This hearing may be held in conjunction with an overall Community/Area Plan adoption. The manner of adoption of local design standards (e.g., by ordinance, resolution) shall be at the discretion of the Board of Supervisors. Adoption of local design standards shall constitute a directive for the County Board of Architectural Review to utilize said standards in review of projects located in the applicable local community, area, or district. Adoption of local design standards shall not constitute a granting of any formal authority to any local design review board not otherwise granted by appropriate legal mechanism.

Section 35-144B. - Multiple-Unit and Mixed-Use Housing Objective Design Standards

Section 35-144B.1 Purpose and Intent

A.

Purpose and Intent. The purpose of this Section is to provide the public, building and design professionals, and decision-makers with objective criteria for multiple-unit and mixed-use housing development projects in the county. The intent is to provide clear design direction that enhances an area's unique character and

sense of place, respects existing neighborhood compatibility and privacy, and ensures a high-quality living environment. It is also intended that this Section establish "objective" design standards, as that term is defined under state housing law, that apply to multiple-unit residential and mixed-use development projects where state housing law restricts County review of such projects to objective standards, to the fullest extent permitted under state housing law.

B.

Applicability. The provisions of this Section apply to multiple-unit residential and mixed-use development in all Zone Districts, including such development that constitutes a "housing development project" under Government Code Section 65589.5 (Housing Accountability Act) and "supportive housing" under Government Code Section 65651 (AB 2162), as well as any other multiple-unit residential or mixed-use development project for which the County may require compliance with "objective" standards under applicable state housing law.

C.

Consistency with All Objective Standards. In addition to the objective design standards established in this Section, multiple-unit residential and mixed-use development projects shall also comply with all other applicable objective standards and policies, and all applicable policies and provisions of the Local Coastal Program, and all adopted design guidelines, per the Coastal Zoning Ordinance and the County's Comprehensive Plan.

1.

Exception. Applicants may request concessions, incentives, or waivers of development standards pursuant to Section 35-144C (Density Bonus Program).

2.

Conflicting Standards. If there is any conflict between the objective standards set forth in this Section and any existing County or State objective standards, the more restrictive objective standard shall apply.

3.

Coastal Resource Protection. Where compliance with only the objective standards of this Local Coastal Program is required under state housing law for a proposed multi-unit or mixed-use housing development project and where an applicable coastal resource protection policy or provision of this Local Coastal Program contains objective and subjective components, the objective portion(s) shall apply such that adverse impacts to coastal resources shall be avoided.

Nothing in this Section is intended to limit the Department's discretion, to the fullest extent permitted under law, to condition the approval of multi-unit residential and mixed-use development projects, as authorized under state housing law and this code.

D.

Design Review Exemption. Multi-unit and mixed-use projects that are subject to this Section, which comply with all applicable objective design review standards, shall not be subject to separate Design Review

approval under Section 35-184 (Board of Architectural Review) of this code. In the event that any other provision of this code, in conflict with this provision, requires Design Review approval for a project subject to this Section, this Section shall apply. However, a maximum of one non-binding conceptual review by the appropriate Board of Architectural Review may occur to improve project design.

E.

Design Standards Compliance. Department staff may consult with a Board of Architectural Review Chair, designee, or other design professional to assist in determining a project's compliance with the objective design standards contained in this Chapter.

(Ord. No. 5204, § 28, 2-13-2024)

Section 35-144B.2 Building Design

A.

Building Form, Massing, and Articulation.

1.

Building Form and Vertical Hierarchy. Buildings that are three stories or more in height shall be designed to differentiate between a defined base; a middle or body; and a top, cornice, or parapet cap. Buildings two stories or less shall include a defined base and a top, cornice, or parapet cap. All buildings shall achieve this effect through at least two of the following (See Figure 35-144B.1):

a.

Color, texture, or material changes.

b.

Variations, projections, or reveals in the wall plane.

c.

Variations in fenestration size or pattern.

d.

Decorative architectural details, such as cornices and columns.

Figure 35-144B.1: Building Form And Vertical Hierarchy

==> picture [361 x 223] intentionally omitted <==

2.

Wall Plane Variation. Building façades visible from the primary street shall not extend more than 50 feet in length without either an architectural element or a two-foot variation in depth in the wall plane. Architectural elements include: building entrances, front porches, balconies, upper-story setbacks, projections, and recessions, such as stoops, bay windows, overhangs, and trellises. (See Figure 35-144B.2).

Figure 35-144B.2: Wall Plane Variation

==> picture [360 x 288] intentionally omitted <==

All-Sided Architecture. Buildings shall be designed and articulated with common details, articulation, materials, and elements on all sides.

4.

Corner Lots. Buildings located on corner lots shall include one or more of the following features on both street-facing facades, located within 25 feet of the corner of the building closest to the intersection:

a.

An entrance to a ground-floor use or a primary building entrance.

b.

A different material application, color, or fenestration pattern of windows and doors from the rest of the façade.

c.

A change in height of at least 18 inches from the height of the abutting façade.

Figure 35-144B.3: Corner Lots

==> picture [360 x 274] intentionally omitted <==

5.

Roof Line Variation. Roof lines shall not extend more than a length of 50 feet without at least one prominent change as described below:

a.

Variation in roof form, such as hip, mansard, gable, shed, and flat with parapet.

b.

Variation in architectural elements, such as parapets or varying cornices.

c.

Variation of roof height of at least 24 inches for buildings of two stories or less and 30 inches for buildings of three stories or more (as measured from the highest point of each roof line).

Figure 35 -144B.4 Roof Line Variation

==> picture [360 x 186] intentionally omitted <==

6.

Roof Slopes.

a.

For buildings of three or more stories or roof spans of 30 feet or greater, sloped roofs shall have a minimum pitch of 4:12.

7.

Flat Roofs and Parapets.

a.

Where rooftop equipment is located within 10 feet of a roof edge, a parapet shall be provided that is a minimum of six inches taller than all roof-top equipment.

b.

Interior side of parapet walls shall not be visible from a common open space or public right-of-way.

c.

Parapets shall be capped with precast treatment, continuous banding, projecting cornices, dentils, or similar edge treatment.

B.

Building and Dwelling Unit Entrances. See Subsection 35-144B.3.A for orientation of building and dwelling unit entrances within a site.

1.

Primary Building Entrance.

a.

Street-Facing Entrance. Buildings located within 20 feet of the primary street right-of-way shall have a ground-level primary building entrance facing the primary street.

2.

Exterior Individual Dwelling Unit Entrance.

a.

General Requirement. All individual unit entrances shall have either a projected sheltering element or be recessed from the main facade; the projection or recess shall have a minimum depth of 24 inches.

b.

Visibility. All individual unit entrances shall be illuminated or shall face towards a common area or public street.

c.

Street-Facing Unit Entrance. Each dwelling unit located within 20 feet of a primary street right-of-way shall include at least one street-facing porch, balcony, or patio unless a setback of five feet or less is provided.

d.

Upper-Floor Unit Entrance. Exterior entrances to individual dwelling units on upper floors are permitted.

3.

Architectural Treatments. Entrances for buildings and individual dwelling units shall incorporate at least two of the following architectural treatments:

a.

Feature window details;

b.

Towers;

c.

Decorative veneer or siding;

d.

Porches or stoops; or

e.

Changes in roof line or wall plane.

Figure 35.33-5: Architectural Treatment at Entrances

==> picture [300 x 451] intentionally omitted <==

C.

Windows.

Privacy. Where windows are proposed within 10 feet of a window on another building, the design and placement shall avoid unfiltered/direct views into the adjacent site and shall be designed with one or more of the following:

a.

Use non-transparent or obscured glazing, such as frosted/patterned glass. Reflective glazing is not permitted.

b.

Provide permanent architectural screens or affixed louvers at windows.

c.

Offset windows horizontally at least 12 inches from any windows in adjacent buildings (edge to edge), so as not to have a direct line-of-sight into adjacent units.

d.

Permanent landscaping screening.

2.

Window Treatment.

a.

Design Treatment. Windows shall either be recessed at least three inches from the plane of the surrounding exterior wall or shall have a trim or windowsill at least one-half inch in depth.

b.

Windows Facing a Public Street. Windows facing a public street shall feature enhanced window treatments, such as decorative architectural brackets, trim, shutters, awnings, and/or trellises.

D.

Materials and Colors.

1.

Wall Material. The primary exterior siding material for buildings shall be wood, composite wood, stone, stone veneer, granite, slate, brick, brick veneer, stucco, plaster, fiber cement, vinyl, or metal including aluminum or steel. The use of exposed plywood or glass curtain walls is prohibited.

2.

Window Consistency. Window frame materials and color shall be used on all elevations.

Material and Color Transition. Changes in material or color shall occur at inside corners of intersecting walls or at architectural features that break up the wall plane, such as columns.

4.

Accent Material. Use of two or more accent materials, such as glass, tile, brick, stone, concrete, wood, metal, or plaster, shall be incorporated to highlight building features.

5.

Architectural Consistency. Affordable units and market-rate units in the same development shall be constructed of the same exterior materials and details such that the units are not distinguishable from one another in quality and detail.

E.

Parking Structures.

1.

Wall Plane Variation. Building façades visible from the primary street shall not extend more than 50 feet in length without at least one of the following: a two-foot variation in depth in the wall plane, architectural element, or other prominent feature that provides visual interest.

2.

Materials and Colors. The parking structure shall utilize the same colors and materials as the primary buildings.

3.

Articulation. The exterior of the parking structure shall apply at least one of the following as articulation:

a.

Applied materials, such as brick, stone, and/or siding, which extend at least two inches from the face of the structure to the face of the applied materials. Painted concrete, smooth concrete, or stucco walls shall not be considered sufficient articulation.

b.

Decorative architectural features, such as cut metal screens, awnings, trellises, louvers, and/or decorative security grills.

4.

Vertical Plantings. Vertical plantings shall be located between openings, entrances, and architectural accent features. Plantings shall be evergreen vegetation that will grow to a minimum height equivalent to 75 percent of the height of the parking structure; container size shall be selected to achieve a height of at least 50 percent of the height of the parking structure within at least two years from the time of installation.

F.

Garages and Carports.

1.

Garages.

a.

Garage doors shall be recessed a minimum of six inches from the surrounding wall plane.

b.

Garages shall feature at least one of the following treatments:

i.

Garage door windows.

ii.

Paneled garage door surface.

iii.

Two different colors.

iv.

Alternative architectural materials, finishes, or treatments.

2.

Carports. Carports shall incorporate the same colors and materials as the primary residential or mixed-use building design.

(Ord. No. 5204, § 28, 2-13-2024)

Section 35-144B.3 Site Design

A.

Building Placement and Orientation.

1.

Street Facade. If buildings on adjacent properties establish a contiguous street facade along the primary street frontage, new buildings shall be located to maintain the contiguous street wall, with allowances for variation in facade and entrances which are projected or recessed.

Visibility of Entrances. On all lots 60 feet or less in width, at least one primary building entrance or individual unit entrance shall be visible from the front or street side lot line. See Subsection 35-144B.3.C.

3.

Buffer for Adjacent Single Family Homes. When developing multi-family buildings of three or more stories adjacent to single-family residential zones (e.g. R-1/E-1), site design shall utilize parking areas, common open space, landscaping, and/or other site features to provide a buffer for adjacent development.

B.

Vehicular Parking and Access. Vehicular parking and access shall comply with the provisions of Division 6, Parking Regulations, of this Code. In addition, projects shall provide the following:

1.

Primary Access. Side street or alley access shall serve as the primary vehicular access to parking areas, if available. If not available, the primary street shall serve vehicular access.

2.

Number of Access Points.

a.

Normal Lots. A maximum of one vehicle access point from the street is permitted per 100 feet of street frontage.

b.

Corner Lots.

i.

One vehicular access point is permitted per lot where all street frontages are less than 100 linear feet.

ii.

Two vehicular access points are permitted on lots where at least one street has a frontage of 100 linear feet or more.

Figure 35-144B.6: Vehicular Access Points

==> picture [361 x 493] intentionally omitted <==

Parking Location. Parking areas shall not be located within any front or street side setback.

Mixed-Use Loading and Service Areas. In addition to the provisions below, loading and service areas shall comply with the standards of Division 6, Parking Regulations, as applicable.

a.

All required loading and service areas shall be located adjacent to a façade other than the primary street frontage.

b.

Loading and service areas shall be located so as to not disrupt or block the flow of on-site and off-site vehicular traffic.

c.

Loading and service areas shall not be located adjacent to residential dwelling units or common open space areas.

d.

Loading and service areas shall be screened from view with walls, solid fencing, and/or landscape privacy screening as described in Subsection 35-144B.3.E.

e.

On-Site Loading Spaces. Every nonresidential use shall provide and maintain on-site loading and unloading spaces for vehicles as required by this Section:

Table 35-144B.1 Number of Spaces Required

Table 35-144B.2 Minimum Dimensions for Loading Spaces

Enhanced Paving for Entrance Driveways. Paving treatment using patterned and/or colored pavers, brick, or decorative colored and/or scored concrete shall be used for entrance driveways, a minimum of 14 feet in length, and spanning the width of the entrance driveway.

Figure 35-144B.7: Enhanced Paving For

Entrance Driveways

==> picture [216 x 298] intentionally omitted <==

6.

Vehicle Light Intrusion. Vehicle headlights shall be obstructed from direct alignment with habitable interior spaces with a minimum 3-foot high evergreen shrub or vine and/or features such as fencing or walls.

C.

Pedestrian Circulation and Access.

1.

General. The following pedestrian walkways shall be provided and interconnected within the site:

a.

Pedestrian walkways shall connect residential dwelling units to areas throughout the site, such as vehicle parking areas, bicycle parking areas, common open space, waste and recycling enclosures, and other amenities.

b.

Pedestrian walkways shall connect public sidewalks, building entrances, and vehicle parking areas.

c.

Pedestrian walkways shall connect building entrances and vehicle parking areas through the site interior to all transit stops directly adjacent to the site.

2.

Pedestrian Walkways. Pedestrian walkways shall be provided with a minimum width of four feet along their entire length and shall be designed as follows:

a.

Through Lot Connection. Through lots located more than 300 feet from a street intersection, measured from the closest point of the lot, shall provide a publicly accessible sidewalk or walkway connecting the two streets.

b.

Materials. Walkways shall be constructed of firm, stable, and slip-resistant materials, such as poured-inplace concrete (including stamped concrete), permeable paving, decomposed granite, or concrete pavers.

c.

Paving for Pedestrian Crossings. Where an intersection of pedestrian and vehicle access exists, enhanced paving treatment using patterned and/or colored pavers, brick, or decorative colored and scored concrete shall be used. Pedestrian crossings shall feature enhanced paving a minimum width of five feet and span the length of the intersecting drive area.

Figure 35-144B.8: Pedestrian Walkways

==> picture [288 x 280] intentionally omitted <==

d.

Maintenance. Pedestrian walkways shall be maintained in good condition for the life of the project and shall not be allowed to fall into disrepair so as to constitute a nuisance or hazard to the public.

3.

Enhanced Paving for Building Entrances. Primary building entrances shall provide decorative and accent paving that contrast in color and texture with the adjacent walkway paving. Grasscrete is prohibited.

D.

Common Open Space. Common open spaces for multiple-unit developments shall comply with the minimums required by the base Zone District in which they are located in accordance with Chapter 35. Rooftops may be used to satisfy up to 75% of the common open space requirements.

E.

Landscaping. Landscaping shall be used for all outdoor areas that are not specifically used for parking, driveways, walkways, or open space.

1.

Additional Landscaping Requirements. Landscaping must comply with Section 35.434 (Landscaping) including all requirements of the State and County's Water Efficient Landscaping Ordinance (WELO) including the submittal of irrigation plans.

2.

Plant Materials. Plant materials are limited to non-invasive Mediterranean, California native, and other drought-tolerant species.

3.

Parking and Loading Area Landscaping. Parking and loading area landscaping must comply with Section 35-115 (Landscaping/Screening of Parking Areas).

4.

Landscape Buffer. A landscape buffer of a minimum width of five feet shall be located between all groundlevel restricted open spaces and pedestrian walkways. The buffer shall be planted to create a barrier while ensuring visibility. Plants shall be selected to enhance security (e.g. spines or thorny plants) and shall be demonstrated to grow to a minimum height of four feet.

Figure 35-144B.9: Landscape Buffer

==> picture [336 x 188] intentionally omitted <==

5.

Pedestrian Walkways. Pedestrian walkways shall be flanked on at least one side with landscaping and may include a mix of turf, groundcover, and shrubs. Trees shall be provided along walkways in order to shade at least 50 percent of the overall walkway length at maturity.

Figure 35-144.B.10: Pedestrian Walkways

==> picture [360 x 184] intentionally omitted <==

6.

Number of Plants. A minimum of one 15-gallon tree or equivalent box size and 10 five-gallon shrubs shall be planted for every 1,000 square feet of required landscape area.

7.

Groundcover. Groundcover shall be sized and located to cover at least 75 percent of all landscape areas that are not planted with shrubs or trees within 5 years of installation.

a.

While groundcovers and shrubs are establishing, a minimum layer of 3-inch bark mulch or decorative gravel shall be placed within all landscape areas to provide 100 percent coverage of such landscape areas.

8.

Plant Selection. Artificial or synthetic plants, except for turf, are prohibited. Artificial turf is not permitted in front or street-side setbacks.

9.

Solar Access. Landscaping shall not obstruct solar access to adjacent solar collectors for water heating, space heating or cooling, or electricity generation.

10.

Privacy. Landscape screening shall obscure direct sight lines into dwelling units and open space areas from communal areas such as parking areas, common mailboxes, and pedestrian walkways. Landscape screening may be used in combination with walls, fencing, and/or trellises to screen views.

a.

Location. Landscape screening shall fit within associated planting areas and canopy sizes must not overlap with building foundations or eaves.

b.

Plant Selection. Landscape screening shall use evergreen trees, shrubs, and/or vines located and sized to buffer views. Deciduous species, perennials, and grasses or grass-like plants are not permitted for privacy screening.

c.

Minimum Sizes. Landscape screening and vegetation shall use the following minimum container sizes at the time of planting:

i.

Trees 15-gallon size.

ii.

Shrubs 5-gallon size.

iii.

Vines 5-gallon size.

(Ord. No. 5204, § 28, 2-13-2024)

Section 35-144B.4 Mixed Use Standards

A.

Ground Floor Height. The ground floor of a mixed-use building shall have a minimum floor height of 12 feet, measured from the finished ground floor to the bottom of the finished second floor.

B.

Ground Floor Transparency. Exterior walls facing a public street shall include transparent windows and doors for at least 50 percent of the building wall area located between three and seven feet above the elevation of the sidewalk. Parking garages are not required to meet the ground floor transparency requirement.

C.

Street-Facing Setbacks. Street-facing setbacks shall be landscaped and/or prepared for use by pedestrians. The setback area on each lot shall contain at least two amenities per 50 linear feet, such as benches, drinking fountains, shade structures, or other design element (e.g., public art, planters, kiosks, etc.).

D.

Street-Facing Entrance. Mixed-use buildings located within 20 feet of a primary street right-of-way shall incorporate at least one primary building entrance directly from the public sidewalk or right-of-way. The primary building entrance shall include weather protection that is a minimum of six feet wide and four feet deep by recessing the entrance or providing an awning or similar weather protection element.

(Ord. No. 5204, § 28, 2-13-2024)

Section 35-144B.5 Utilitarian Elements

A.

Bicycle Parking. Bicycle parking shall be provided as follows:

1.

Parking Spaces Required. One (1) space for every two (2) dwelling units. A minimum of two (2) spaces shall be provided.

2.

Parking Location. Bicycle parking must be located on the same lot as the use it serves.

a.

Located at surface levels near main pedestrian entrances to nearby facilities or structures, or in the parking garages of such facilities or structures;

b.

Located so as not to block pedestrian entrances, walkways, or circulation patterns in or around nearby facilities or structures;

c.

Access to and from nearby public streets and sidewalks for the target users of the bicycle parking;

d.

Accessible only to residents and owners, operators, and managers of a residential facility when the involved use is residential.

3.

Size and Accessibility. Each bicycle parking space must be a minimum of two feet in width and six feet in length and must be accessible without moving another bicycle. Two feet of clearance must be provided between bicycle parking and adjacent walls, poles, landscaping, street furniture, drive aisles, and pedestrian ways, and at least five feet from vehicle parking spaces.

4.

Anchoring and Security.

a.

Bicycle parking must be located in one or more of the following:

i.

An enclosed bicycle locker;

ii.

An illuminated, fenced, covered, and locked or guarded bicycle storage area;

iii.

A secure area within a building or structure.

b.

Bicycle Locker. When using bicycle lockers, they shall be:

i.

Of sufficient size to hold an entire bicycle; and

ii.

Securely anchored to a permanent surface.

c.

Bicycle Rack. When using bicycle racks, they shall be:

i.

Located and installed to support an entire bicycle, including the frame and wheels, so that the frame and wheels can be locked without damage when using a customary, heavy-duty cable, or U-shaped bicycle lock, or any other security device.

B.

Trash, Recycling, and Green Waste Container Enclosures. Enclosures for recycling, green waste, and any other waste containers required by law are required for multiple-unit and mixed-use developments, and shall comply with the applicable provisions of this Code. Enclosures shall be located within a building, incorporated into the exterior building design, or located within a detached enclosure designed and placed as follows:

1.

Location. The enclosure shall be located to the rear or side of the building(s) and located outside of view from a public right-of-way.

2.

Materials. The enclosure shall incorporate the materials and colors of the primary residential or mixed-use building design.

C.

Fences and Walls. Fences and walls shall comply with the provisions of Section 35-123 (Fences, Walls and Gate Posts) of this Code.

D.

Lighting. Lighting shall comply with the provisions of Section 35-139 (Exterior Lighting) of this Code.

E.

Screening of Mechanical Equipment. The following development standards shall apply to new development projects subject to this Section, as well as to the replacement or provision of new equipment that is added to serve existing building(s) that are subject to this Section.

1.

General Requirements. All exterior mechanical equipment, whether on a roof, on the side of a structure, or located on the ground, must be screened from public view. Exterior mechanical equipment to be screened includes, without limitation, heating, ventilation, air conditioning, refrigeration equipment, plumbing lines, ductwork, transformers, smoke exhaust fans, water meters, backflow preventers, service entry sections, and similar utility devices.

a.

Screening must be architecturally integrated into the main structure with regard to materials, color, shape, and size to appear as an integral part of the building or structure.

b.

Equipment must be screened on all sides.

c.

The use of expanded metal lath or chain link for the purpose of screening is prohibited.

2.

Requirements for Specific Types of Mechanical Equipment. The following additional screening standards apply to the specified types of mechanical equipment.

a.

Ground-Mounted Equipment. Ground-mounted equipment that faces a public viewing area must be screened to a height of 12 inches above the equipment and designed and painted to blend in with the surrounding area, unless such screening conflicts with utility access, in which case screening shall comply to the greatest extent that is technically feasible. Acceptable screening devices consist of decorative walls, berms, and/or plant materials.

b.

Exterior Wall Equipment. Screening for wall-mounted equipment, (e.g., electrical meters, cable-connection boxes, electrical distribution cabinets, etc.) must incorporate elements of the building design (e.g., shape, color, texture, material, etc.). For screen walls that are three feet in height or lower, vegetative materials may be substituted for the screening device. This requirement does not apply to equipment that has accessibility and visibility requirements for health and safety.

F.

Vents and Exhaust. All wall-mounted vent and exhaust elements shall be located at interior corners of building walls or behind building elements that conceal them from public view. All flashing, sheet metal vents, exhaust fans or ventilators, and pipe stacks shall be painted a color to match the adjacent roof or wall material.

(Ord. No. 5204, § 28, 2-13-2024)