Section 35-129. - Width of Lots. — Santa Barbara County Zoning Code

For the purpose of computing the width of a lot having side lines which are not parallel, the lot width shall be the average width of the lot. An easement or corridor connecting the major portion of an irregularly shaped lot to a street shall not be used for the purpose of computing lot width.

Section 35-130. - Subdivision of Land.

1.

In order to obtain approval for a division of land, the subdivider shall demonstrate that adequate water is available to serve the newly created lots except for lots to be designated as "Not A Building Site" on the recorded subdivision or parcel map.

2.

As a requirement for approval of any proposed land division of agricultural land designated as AG-I or AGII, the County shall make a finding that the long-term agricultural productivity of the land will not be diminished by the proposed division.

Section 35-131. - Agricultural Sales.

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

Section 35-131.1. Purpose and Intent.

The purpose of this section is to provide for commercial facilities for the retail sale of agricultural commodities on property that is zoned to allow for agricultural activities and to establish specific permit requirements and development standards for such facilities. The intent is to promote the orderly development of such agricultural sales within Santa Barbara County and ensure their compatibility with surrounding land uses in order to protect the public health and safety and natural and visual resources.

Section 35-131.2. Applicability.

This section shall apply to all lots where the primary use of the lot is agriculture and the lot is located in a zoning district specified in the following section.

Section 35-131.3. Permit Requirements.

Permit requirements for agricultural sales regulated under this section are specified below. Additional permits may be required by other provisions of this Article, e.g., for structures accessory to the agricultural sales.

1.

Within the AG-I, AG-II, RR, M-CD and M-CR, zoning districts, the following activities are exempt from the requirement to obtain a Coastal Development Permit only if the development will: (1) not be located within or adjacent to a wetland, beach, environmentally sensitive habitat area, or on/within 50 feet of a coastal bluff; and (2) not result in any potential adverse effects to public access to the beach or public hiking and equestrian trails (including where there is substantial evidence of prescriptive rights); and (3) not result in significant adverse impacts to scenic views from beaches, parklands, public viewing areas, and public roadways; and (4) provided the activity is conducted in compliance with the development standards specified by Section 35-131.4., as well as the following standards below.

Sales of agricultural products, operated by a single proprietor, and either (1) grown on-site or (2) on other property located within Santa Barbara County that is either owned or leased by the same owner or lessee of the lot on which the sales occur or (3) on other property within a 25 mile radius of the lot on which the sales occur provided the lot on which the sales occur is not located within the Montecito Planning Area. This includes operations where customers have access to the growing areas and pick the product themselves, such as Christmas tree farms, pumpkin patches, and apple or fruit picking.

b.

Sales of ornamental trees, shrubs and plants, grown in containers that may be imported from off-site, including incidental sale of garden and landscape materials and equipment, and including retail sales directly to members of the public provided the area to which the public has access is limited to 10,000 square feet.

c.

Sales of imported vegetative holiday sales products (e.g., pumpkins, Christmas trees) provided the area to which the public has access is limited to 10,000 square feet.

2.

Within the AG-I, AG-II, RR, M-CD and M-CR zoning districts, the following activities require a Development Plan approved by the Director of Planning and Development pursuant to Section 35-174 and the issuance of a Coastal Development Permit pursuant to Section 35-169.

a.

Sales of ornamental trees, shrubs and plants, grown in containers, including incidental sale of garden and landscape materials and equipment, and including retail sales directly to members of the public provided the area to which the public has access is greater than 10,000 square feet.

3.

Within the R-1, R-2, DR and CH zoning districts, the following activities may be allowed pursuant to a Conditional Use Permit approved by the Zoning Administrator pursuant to Section 35-172 and the issuance of a Coastal Development Permit pursuant to Section 35-169.

a.

Sales of agricultural products grown predominantly on-site or, provided the lot on which the sales occur is not located within the Montecito Planning Area, on other property within a 25 mile radius of the lot on which the sales occur and operated by a single proprietor. This includes operations where customers have access to the growing areas and pick the product themselves, such as Christmas tree farms, pumpkin patches, and apple or fruit picking.

Section 35-131.4. Development Standards.

Agricultural sales shall comply with the following development standards.

1.

If a building or structure is required for the sale of such products, the sale shall be conducted within an existing agricultural building or from a separate stand not exceeding 600 square feet of gross floor area and located no closer than 20 feet to the right of way line of any street.

2.

The area devoted to retail sales of non-plant materials is limited to a single location no greater than 300 square feet in area. Product inventory related to the retail sales of non-plant materials may be stored separately and the area devoted to such storage shall not be included within the 300 square feet provided the inventory storage area is neither visible nor accessible to the public.

3.

Structures which are not used for a period of one year shall be removed within the three months following the year of non-use.

4.

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

5.

All parking areas, except for those associated with short-term, seasonal sales, shall be surfaced with a permeable or semi-permeable surface material that shall include at a minimum: ungrouted brick or other masonry paving units or crushed rock surface with the exception that non-permeable surfacing materials (such as asphalt, concrete, or chip seal) may be used only if necessary to comply with the disabled access requirements of Title 24 of the California Code of Regulations as applicable. The use of any non-permeable surfacing materials shall be the minimum necessary to comply with requirements for the provision of disabled access. Parking areas associated with short-term, seasonal sales may be unimproved, however, any dust generation shall not be allowed to become a nuisance and shall be kept to a minimum through the periodic wetting of the surface. Parking shall not be allowed within any adjacent road rights-of-way or trail easements. Parking areas shall comply with the disabled access requirements of Title 24 of the California Code of Regulations as applicable.

6.

All exterior lighting fixtures associated with the agricultural sales area shall be of a low intensity, low glare design and shall be shielded with full cut-off design and directed downward so that neither the lamp nor the related reflector interior surface is visible from any location off of the project site in order to prevent spill over onto adjacent lots under separate ownership. No exterior lighting shall be installed or operated in a manner that would throw light, either reflected or directly, in an upward direction.

7.

In addition to the development standards listed above, the following development standards shall also apply to agricultural sales on property located within the R-1, R-2, DR, PRD and CH zoning districts:

a.

The lot upon which the agricultural sales occur shall consist of a minimum of two acres (gross).

b.

If a building or structure is required for the sale of such products, the sale shall be conducted either within an existing accessory building or from a separate stand not to exceed 200 square feet of sales and storage area except that if the premises consist of five or more contiguous acres, such building shall not exceed 600 square feet.

c.

Only one stand shall be allowed on the premises.

d.

New structures shall be approved by the Board of Architectural Review.

e.

A building permit shall be obtained, if required.

f.

Signs advertising the sale of agricultural products shall conform to Section 35-16.2 of Article I of Chapter 35 of the Santa Barbara County Code.

g.

A minimum of two permanently maintained onsite parking spaces shall be provided, which shall not be located closer than 20 feet to the right-of-way line of any street.

h.

Prior to the issuance of a Coastal Development Permit, a permit for the sale of agricultural products shall be obtained from the Department of Health Care Services pursuant to Title 17, California Administrative Code Section 13653.

Section 35-131.5. Noticing.

Notice of the pending decision of the Director on a Development Plan processed pursuant to Section 35131.3.2 shall be provided pursuant to Section 35-181 (Noticing) except that the notice shall include a statement that the person to whom the notice was mailed may request a public hearing on the proposed Development Plan by submitting a written request to Planning and Development within the 10 calendar days following such notice. If a written request for a hearing is submitted to Planning and Development

within the 10 calendar days following such notice the project shall be processed as a Development Plan under the jurisdiction of the Zoning Administrator.

Section 35-132. - Trailer Use.

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

Section 35-132.1 Limitation on Use.

Trailers shall only be used as expressly permitted in this Section 35-132, Section 35-91 (Mobile Home Park), Section 35-172 (Conditional Use Permits) and in the provisions of the individual zone districts allowing mobile homes certified under the National Mobile Home Construction and Safety Standards Act of 1974 (42 U.S.C. Section 5401 et seq.).

Section 35-132.2. Temporary Use of Trailers other than for Habitation During Construction in all Zone Districts.

1.

Purpose: In all zone districts, trailers which have been converted for use as construction offices, tool storage, or for particular work such as electrical shops, cabinet shops, and other similar uses and which are not used for human habitation during the night are permitted to be maintained on a building site during periods of erection of buildings thereon, provided:

a.

Building permits have been issued for the buildings.

b.

Trailers shall be promptly removed upon completion of construction.

2.

Processing:

a.

Up to three such converted trailers may be located on any one building site without the requirement of a Coastal Development Permit.

b.

More than three such converted trailers per building site may be permitted for an initial period not to exceed two years pursuant to the approval of a Minor Conditional Use Permit under Section 35-172 and the issuance of a Coastal Development Permit under Section 35-169 provided that the Zoning Administrator also finds, in addition to the findings required under Section 35-172 (Conditional Use Permits), that the need for the trailers and a time frame for their removal has been clearly demonstrated. Renewals for additional two year periods may be granted by the approval of a new Conditional Use Permit

under Section 35-172 (Conditional Use Permits), provided that the request for renewal is filed prior to the expiration date of the previously approved Conditional Use Permit for the same use.

Section 35-132.3. Temporary Watchman Use of Trailers during Construction in all Zone Districts.

In all zone districts, during periods of erection of buildings upon building sites, a trailer usable for or designed for human habitation may be maintained on such site for use as a watchman's quarters subject to the issuance of a Coastal Development Permit under Section 35-169, provided:

1.

Building permits have been issued for the buildings.

2.

Only one such trailer shall be permitted on a site; and,

3.

The trailer shall be promptly removed upon completion of construction or within one year following the issuance of the Coastal Development Permit, whichever is earlier.

Section 35-132.4. Temporary Watchman Use of Trailers in all Zone Districts.

In all zone districts, a trailer usable for or designed for human habitation may be permitted to be used as a watchman's quarters for a maximum of five years subject to the approval of a Minor Conditional Use Permit under Section 35-172 and the issuance of a Coastal Development Permit under Section 35-169, provided:

1.

The trailer is accessory to a permanent building, structure, or use.

2.

The permittee complies with the State Mobile Home Act, if applicable.

3.

The trailer complies with setbacks and distances between buildings required for buildings or structures.

Section 35-132.5. Temporary Dwelling Use of Trailers during Construction of Residential Buildings in all Zone Districts.

In all zone districts, a trailer may be used for a single-family dwelling during construction of a residential building, subject to the issuance of a Coastal Development Permit under Section 35-169, for a period of one year or until 30 days after the final building permit inspection has been completed by the County Building Official or designee, or the building is occupied, whichever is earlier, provided:

1.

Said one year period shall be reduced by any period during which the trailer has been illegally occupied at the site.

2.

The building permit for the residential building has been issued and the foundation inspection has been completed.

3.

The permittee complies with the State Mobile Home Act, if applicable.

4.

The trailer complies with the setbacks and distance between buildings required for buildings or structures.

A time extension for a Coastal Development Permit issued pursuant to this section may only be granted as a Minor Conditional Use Permit pursuant to Section 35-172 (Conditional Use Permits).

Section 35-132.6. Use of Trailers for Various Purposes in all Zone Districts.

Trailers may used for the following purposes in all zone districts subject to the approval of a Minor Conditional Use Permit under Section 35-172 and a Coastal Development Permit under Section 35-169. All trailers permitted pursuant to this section, including their foundations, shall be promptly removed upon completion of construction of the permanent building or discontinuance of the authorized use. The decision-maker with jurisdiction over the Conditional Use Permit may condition the project to require that a performance security, in a form acceptable to and approved by the County, be deposited with the County to guarantee the removal of the trailers and foundations in order to ensure compliance with the requirement.

1.

Accessory to an existing building on the same site for any use allowed under the provisions of the applicable zoning district and regulations of this Article subject to the following:

a.

The Conditional Use Permit shall be valid for an initial period not to exceed two years. The Conditional Use Permit may be renewed for additional two year periods under the provisions of Section 35-172 (Conditional Use Permits) subject to the restrictions of this section, provided, however, that the request for the renewal is filed prior to the expiration date of the previously approved Conditional Use Permit, and

b.

In no case shall the cumulative time period for the Conditional Use Permit and any renewals for the site exceed a maximum of six years unless a finding is made that:

A permanent building is under construction on the building site to house the use and replace the trailers(s), or

2)

An unexpired building permit has been issued for a permanent building to be constructed on the building site to house the use and to replace the trailers(s), or

3)

The construction of a permanent building on the building site to house the use and to replace the trailer(s) is authorized pursuant to a valid, unexpired, discretionary permit.

2.

To house otherwise permitted branch offices of banks or savings and loan associations provided the branch office is licensed as a mobile branch office by the State or Federal Government and all district setbacks are complied with.

3.

To exclusively house employees of a railroad engaged full-time in construction or maintenance of the railroad's right-of-way provided such trailers are located on permanently improved sites within the railroad's right-of-way that are isolated from trailer parks.

4.

To permit trailers as air quality monitoring stations, for a time period that is adequate to meet the specific air quality monitoring needs of the project, as recommended by the County Air Pollution Control District and determined to be appropriate by the decision-maker with jurisdiction over the project provided that the following findings are made in addition to the findings required under Section 35-172 (Conditional Use Permits):

a.

That the stations are either required or approved by the County Air Pollution Control District;

b.

That all zoning district setbacks are complied with; and

c.

That the trailers are adequately screened by landscaping or other measures from public view.

Section 35-132.7. Use of Trailers as Offices in Agricultural Districts.

In any agricultural zoning district, trailers may be permitted to be used primarily for the performance of duties imposed on the owner or lessee of the land in connection with the agricultural activities conducted thereon by federal, state, or county laws or regulations, for the following periods and under the following

permits. Permits issued or approved pursuant to Section 35-132.7.2 or Section 35-132.7.3 below shall provide that any such trailers shall be removed from the lot within six months following the effective date of any rezoning of the lot on which the trailer is located to other than an agricultural zoning district.

1.

For 30 days or less without the requirement of a Coastal Development Permit.

2.

For more than 30 but no more than one year pursuant to the issuance of a Coastal Development Permit under Section 35-169.

3.

For over one year pursuant to the approval of a Minor Conditional Use Permit under Section 35-172 and the issuance of a Coastal Development Permit under Section 35-169.

Section 35-132.8. Use of Trailers for Agricultural Employee Dwellings Not Including Farmworker Housing. (Amended by Ord. 4964, 12/14/2017)

Not including Farmworker Housing permitted in compliance with Section 35-144P (Farmworker Housing), trailers may be used as dwellings for agricultural employees in compliance with Section 35-144R (Agricultural Employee Dwellings).

(Amended by Ord. 51294, 05/13/2021)

Section 35-132.9. (Deleted by Ord. 4964, 12/14/2017; Section number reserved for future use)

Section 35-132.10. Storage of Trailers as an Accessory Use to a Residential Use. (Amended by Ord. 4811, 11/14/2013)

Trailers may be stored on a lot, as accessory to the residential use of the lot provided all the following standards are complied with. Watercraft may be kept on the trailer that is stored on the lot.

1.

Trailers shall not be kept, parked or stored in:

a.

Required front setback areas.

b.

Parking spaces required in compliance with Section 35-108 (Required Number of Spaces: Residential).

2.

Trailers, including anything that is stored in or on the trailer, shall not exceed 8.5 feet in width, 13.5 feet in height (as measured from the surface upon which the vehicle stands to the top of the roof of the trailer),

and 40 feet in length.

3.

Trailers, including anything that is stored in or on the trailer, shall be screened from view from abutting streets.

4.

The trailer shall not be used for human habitation while kept, parked or stored on the lot.

5.

Trailers holding vehicles or used to store materials shall be in compliance with Section 35-144K (Accessory Storage).

6.

The storage of a trailer does not require a Coastal Development Permit in compliance with Section 35-169 (Coastal Development Permits) if:

a.

The trailer will be located in an area that has been designated for parking or has been designated as a driveway pursuant to a Coastal Development Permit issued in compliance with Section 35-169 (Coastal Development Permits), or,

b.

The trailer will:

1)

Not be located within or adjacent to a wetland, stream, beach, an environmentally sensitive habitat area, or on or within 300 feet of a coastal bluff; and

2)

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

3)

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

4)

Not require any grading which involves the movement of more than 50 cubic yards of material and not result in any significant alteration of land forms; and

Meets all other exemption criteria in compliance with Section 35-169.2.1.

7.

Any recreational vehicle that is parked outside of a fully enclosed or fully screened structure shall be in compliance with Section 35-117A (Additional Standards for Residential Zones and Uses).

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

(Ord. No. 5168, § 17, 11-29-2022)

Section 35-132.11. Temporary Use After Destruction of Dwelling.

If an occupied dwelling is destroyed by fire, flood, earthquake, arson, vandalism or other calamity beyond the control of the property owner, a temporary Coastal Development Permit may be issued for a 180-day period for emergency use of a trailer for a dwelling provided no trailer is illegally located on the lot.

Section 35-132.12. Temporary Sales Office.

In all residential zoning districts, a trailer may be used as a temporary sales office pursuant to the provisions of Section 35-133.

Section 35-133. Carnivals, Circuses, etc.

A temporary Coastal Development Permit may be approved by the Director of his duly authorized representative for carnivals, circuses, and similar activities, including, but not limited to, art and craft fairs, outdoor shooting galleries, menageries, merry-go-rounds, Ferris wheels, shooting matches, turkey shoots, tent shows, trained animal shows, amusement parlors, penny arcades, prizefights, and wrestling matches, in any commercial or industrial district but in no other districts, upon written application and provided: 1) they do not continue for more than five (5) consecutive days, 2) that the Director inspects and approves the proposed site of the carnival or circus or other such activity, and 3) that the applicant comply with all provisions of the laws of the County of Santa Barbara including, but not limited to, the County Business License Ordinance and any conditions imposed pursuant to this Article or any other such ordinance. No permit shall be issued until the Supervisor of the Supervisorial District in which the use is proposed, or his designated representative, has been notified of the application. The Director shall have the right to impose reasonable conditions upon the operation of a carnival, circus, or other such activity in order to protect and preserve the public health, safety, or welfare.

Section 35-134. - Lot Line Adjustments.

(Added by Ord. 4406, 09/12/2000; Amended by Ord. 4964, 12/14/2017)

Purpose and applicability. This Section establishes standards for the approval of a Lot Line Adjustment consistent with this Article, the Coastal Land Use Plan and Comprehensive Plan, and County Code Chapter 21 (Land Division), in compliance with Section 66412 of the State Subdivision Map Act. The provisions of

this Section and the procedures and requirements in County Code Chapter 21 shall apply to all applications for Lot Line Adjustments. A Lot Line Adjustment is development under the Santa Barbara County Local Coastal Program and the Coastal Act.

B.

Required findings for approval. The approval of a Lot Line Adjustment application shall require that the decision-maker first make all of the following findings.

1.

The Lot Line Adjustment is in conformity with all applicable provisions of the Coastal Land Use Plan and Comprehensive Plan and this Article.

2.

Minimum lot area.

a.

Minimum lot area. No lot involved in the Lot Line Adjustment whose area is equal to or greater than the minimum lot area requirement of the applicable zone shall become smaller than the minimum lot area requirement of the applicable zone as a result of the Lot Line Adjustment.

3.

Except as provided in this Section, all lots resulting from the Lot Line Adjustment shall comply with the minimum lot area requirements of the applicable zone. A Lot Line Adjustment may be approved that results in one or more lots that are smaller than the minimum lot area requirement of the applicable zone provided that it complies with all of the following requirements.

a.

The Lot Line Adjustment shall not result in increased subdivision potential for any affected lot involved in the lot line adjustment.

b.

The Lot Line Adjustment will not result in a greater number of residentially developable lots than existed prior to the adjustment. For the purposes of this Subsection B.3 only, a lot shall not be deemed residentially developable if the documents reflecting its approval and/or creation identify that 1) the lot is not a building site, or 2) the lot is designated for a non-residential purpose including, but not limited to, well sites, reservoirs and roads. A lot shall be deemed residentially developable for the purposes of this Subsection B.3 if it has an existing one-family dwelling constructed in compliance with a valid County permit, or existing and proposed lots comply with all of the following criteria.

1)

Water supply. The lot shall have adequate water resources to serve the estimated interior and exterior needs for residential development as follows:

a)

A letter of service from the appropriate district or mutual water company shall document that adequate water service is available to the lot and that the service complies with the company's Domestic Water Supply Permit, or

b)

A Public Health Department or State approved water system.

2)

Sewage Disposal. The lot is served by a public sewer system and a letter of available service can be obtained from the appropriate public sewer district. A lot to be served by an onsite wastewater treatment system shall meet all applicable County requirements for permitting and installation, including percolation tests, as determined by the Public Health Department.

3)

Access. The lot is currently served by an existing private road meeting applicable fire agency roadway standards that connects to a public road or right-of-way easement, or can establish legal access to a public road or right-of-way easement meeting applicable fire agency roadway standards.

4)

Slope Stability. Development of the lot including infrastructure avoids slopes of 30 percent and greater.

5)

Agriculture Viability. Development of the lot shall not threaten or impair agricultural viability on productive agriculture lands within or adjacent to the property.

6)

Environmental Sensitive Habitat. Development of the lot avoids or minimizes impacts where appropriate to environmentally sensitive habitat and buffer areas, and riparian corridor and buffer areas.

7)

Hazards. Development of the lot shall not result in a hazard to life and property. Potential hazards include flood, geologic and fire.

8)

Consistency with the Coastal Land Use Plan and Comprehensive Plan and this Article. Development of the lot is consistent with the setback, lot coverage and parking requirements of this Article and consistent with the Coastal Land Use Plan and Comprehensive Plan and the public health, safety and welfare of the community.

To provide notification to existing and subsequent property owners when a finding is made that a lot is deemed not to be residentially developable, a statement of this finding shall be recorded concurrently with the deed of the lot, pursuant to Section 21-92, (Procedures), of County Code Chapter 21 (Land Division).

4.

The Lot Line Adjustment will not increase any violation of lot width, setback, lot coverage, parking or other similar requirement of the applicable zone district or make an existing violation more onerous.

5.

The affected lots are in compliance with all laws, rules and regulations pertaining to zoning uses, setbacks and any other applicable provisions of this Article, or the Lot Line Adjustment has been conditioned to require compliance with these rules and regulations, and any zoning violation fees imposed in compliance with applicable law have been paid. This finding shall not be interpreted to impose new requirements on legal non-conforming uses and structures under the requirements of Division 10 (Nonconforming Structures and Uses) of this Article.

6.

Conditions have been imposed to facilitate the relocation of existing utilities, infrastructure and easements.

C.

Additional required findings for Lot Line Adjustments within an agricultural preserve. In addition to the findings required under Subsection B (Required findings for approval) above, the approval of a Lot Line Adjustment proposed on agriculturally zoned lots that are subject to an Agricultural Preserve Contract in compliance with the County Uniform Rules for Agricultural Preserves and Farmland Security Zones shall require that the review authority also make the following findings:

1.

The new contract or contracts will enforceably restrict the adjusted boundaries of the lot for an initial term for at least as long as the unexpired term of the rescinded contract or contracts, but for not less than 10 years.

2.

There is no net decrease in the amount of the acreage restricted. In cases where two lots involved in a lot line adjustment are both subject to contracts rescinded pursuant to this section, this finding will be satisfied if the aggregate acreage of the land restricted by the new contracts is at least as great as the aggregate acreage restricted by the rescinded contracts.

3.

At least 90 percent of the land under the former contract or contracts remains under the new contract or contracts.

After the lot line adjustment, the parcels of land subject to contract will be large enough to sustain their agricultural use.

5.

The lot line adjustment will not compromise the long-term agricultural productivity of the lot or other agricultural lands subject to a contract or contracts.

6.

The lot line adjustment is not likely to result in the removal of adjacent land from agricultural use.

7.

The lot line adjustment does not result in a greater number of developable lots than existed prior to the adjustment, or an adjusted lot that is inconsistent with the Coastal Land Use Plan and Comprehensive Plan.

Section 35-135. - Parking Lot Sales.

In any C-2 or C-3 zone district, the operator of an existing retail store, shop, or establishment may apply for either a Coastal Development Permit under Section 35-169 and a Minor Conditional Use Permit, under Section 35-172 or merely a Coastal Development Permit for a parking lot sale. If the proposed sale when added together with the establishment's other parking lot sales within the same calendar year exceeds four days, a Minor Conditional Use Permit shall be required prior to the issuance of a Coastal Development Permit. If the proposed sale when added together with the establishment's other parking lot sales within the same calendar year does not exceed four days, the application shall be made to the Director for a Coastal Development Permit. The Director shall not issue the permit unless the Director finds that the proposed sale will not be detrimental to the public health, safety, and welfare and the adequate on-premise pedestrian access and parking will exist during the proposed sale. The Director may impose any reasonable conditions in the permit necessary to protect and preserve the public health, safety, and welfare.

(Ord. No. 5194, § 27, 11-7-2023)

Section 35-136. - Aquaculture.

1.

Aquaculture facilities located in areas designated as rural on the land use plan maps shall be sited and designed to be compatible with the natural surroundings.

2.

To minimize impacts on coastal visual resources, structures shall be well-screened, and depressed below grade when feasible.

Intake and outfall lines for ocean water shall be underground unless not feasible for a particular operation, i.e., salmon culture.

4.

If above-ground channels or pipes are necessary, adequate provisions for lateral beach access shall be required.

Section 35-137. - Temporary Uses.

(Amended by Ord. 4557, 12/04/2004)

Section 35-137.1 Purpose and Intent.

The purpose of this section is to provide standards for the determination of which types of temporary uses are exempt from the requirement to obtain a Coastal Development Permit or Conditional Use Permit. In addition, this section provides additional permit regulations and processing requirements for temporary uses and developments. The intent is to give special consideration to such temporary uses and developments while preventing any adverse effects to coastal resources and surrounding properties through the requirement of conditions when a permit is required.

Section 35-137.2 Applicability.

The provisions of this section shall apply to all temporary uses of property described within this section. Such uses shall also be subject to all the provisions set forth in Section 35-169 (Coastal Development Permits) and Section 35-172 (Conditional Use Permits), as applicable.

Section 35-137.3 Processing. (Amended by Ord. 4789, 11/14/2013)

No permits for temporary uses subject to the provisions of this Section shall be approved or issued except in conformance with the following requirements.

1.

Exempt temporary uses. The following temporary uses of property, as defined in this ordinance and which meet all of the criteria in a. through c. of this section, which may include, but are not limited to, the erection of temporary structures such as fences, booths, tents or the parking of trailers, are exempt from any Coastal Development Permit or Conditional Use Permit requirements:

a.

The temporary use will not occupy any portion of a sandy beach, public park area; public pier, or public beach parking area between Memorial Day weekend and Labor Day unless either: (1) the period of the use will be of less than one day in duration, including set-up and take-down or (2) the location is remote with minimal demand for public use.

b.

A fee will not be charged for general public admission and/or seating if the temporary use will occupy any portion of a sandy beach, public park area; public pier, or public beach parking area where no fee is

currently charged for use of the same area; or, if a fee is charged, it is for preferred seating only and more than 75 percent of the provided seating capacity is available free of charge for general public use.

c.

The proposed temporary use has been reviewed in advance by the Director of the Planning Department, and the Director determined that it meets all of the following criteria:

1)

The temporary use will result in no adverse impact on opportunities for public use of, or access to, the area due to the proposed location and/or timing of the event either individually or together with other temporary events scheduled before or after the particular event;

2)

There will be no direct or indirect impacts from the temporary use and its associated activities or access requirements on environmentally sensitive habitat areas, rare or endangered species, significant scenic resources, or other coastal resources in compliance with the policies and sections of the certified Local Coastal Program;

3)

The temporary use has not previously required a Coastal Development Permit to address and monitor associated impacts to coastal resources;

d.

The Director of the Planning and Development Department, or the decision-maker, may determine that temporary use shall be subject to Coastal Development Permit and/or Conditional Use Permit review, even if the development meets all of the criteria in a. through c. of this section, if the Director, or decision-maker, determines that unique or changing circumstances exist relative to a particular temporary event that have the potential for significant adverse impacts on coastal resources. In addition, the following temporary uses of property are exempt from Coastal Development Permit or Conditional Use Permit requirements only if the following provisions, in addition to all of the criteria in a. through c. of this section above, are met:

1)

Car washes. Car washes, located on commercially zoned property, and limited to two days each month at each location, for each sponsoring organization. Sponsorship shall be limited to educational, fraternal, religious or service organizations directly engaged in civic or charitable efforts, on nonresidential properties.

2)

On property that is less than five acres in size, use of the subject property for such activities does not exceed five times within the same calendar year, the owner of the property receives no remuneration and the number of persons present at the event at any one time does not exceed 300.

b)

On property that is five acres or greater in size, the owner of the property receives no remuneration and the number of persons present at the event at any one time does not exceed 300.

3)

Charitable functions on property located within the Montecito Planning Area. The use of property for charitable and other noncommercial functions, including but not limited to fundraisers, parties, receptions, weddings and other similar gatherings, provided the use of the subject property for such activities does not exceed three times within the same calendar year, the owner of the property receives no remuneration and the number of persons present at the event at any one time does not exceed 300.

4)

Mobile telecommunications temporary facility. Where unplanned or uncontrollable events cause an immediate need for service due to reasonable public health and safety concerns, a temporary facility may be allowed, in compliance with all of the following:

a)

The facility qualifies as a mobile telecommunications temporary facility.

b)

The Director in consultation with the County Sherriff and Fire Departments has determined a reasonable public health and safety issue would exist without the operation of a temporary telecommunications facility.

c)

The applicant has demonstrated that the facility shall be operated within the frequency range allowed by the Federal Communications Commission and complies with all other applicable safety standards.

d)

The facility would only be permitted onsite for the duration of the event or emergency, not to exceed two weeks, or other period of time, as approved by the Director.

5)

Public assembly facilities. Events occurring in approved convention centers, meeting halls, theaters or other approved public assembly facilities where the event is consistent with the uses allowed in that facility in compliance with an approved development permit.

Public property. Events held at a County park or on other County-owned land when conducted with the approval of the County.

7)

Similar temporary uses. Other temporary uses which, in the opinion of the Director of the Planning and Development Department, are similar to those identified in this section.

2.

The following temporary uses of property, which may include the erection of temporary structures such as fences, booths, tents or the parking of trailers, require the issuance of a Coastal Development Permit pursuant to Section 35-169, regardless of whether the development meets all of the criteria in a. through c. of Section 35-137.3.1:

a.

Car washes. Car washes, located on commercially zoned property, operating more than two days each month at each location, for each sponsoring organization. Sponsorship shall be limited to educational, fraternal, religious or service organizations directly engaged in civic or charitable efforts.

b.

1)

The property is less than five acres in size, use of the subject property for such activities exceeds five times within the same calendar year, the owner of the property receives no remuneration and the number of persons present at the event at any one time does not exceed 300.

2)

The property is five acres or greater in size, the owner of the property receives no remuneration and the number of persons present at the event at any one time exceeds 300.

c.

Dwellings. An existing structure may be used for dwelling purposes on a temporary basis during the construction on the same lot of a new principal dwelling provided:

1)

An agreement is recorded by the property owner prior to the issuance of the required Coastal Development Permit for the new principal dwelling specifying that said existing structure will be removed, converted or reconverted to a permitted accessory structure within 90 days following commencement of the occupancy of the newly constructed dwelling, and

2)

Said agreement shall include the granting of access to the property to Planning & Development as necessary to ensure the performance of said property owner's obligations set forth in said agreement.

d.

Events. Carnivals, circuses, and similar activities, including but not limited to amusement parlors, art and craft fairs (including the sale of antiques and art objects), Ferris wheels, menageries, merry-go-rounds, outdoor shooting galleries, penny arcades, prizefights, religious assemblies, shooting matches, tent shows, trained animal shows, turkey shoots and wrestling matches, located within agricultural, commercial or industrial zoning districts, provided they do not continue for more than five consecutive days.

e.

Rodeos and other equestrian events. Rodeos and other equestrian events, provided:

1)

The minimum lot size shall be 10 acres.

2)

The rodeo or equestrian event is located on property having an agricultural zoning district designation.

3)

The subject property is not located within 1,000 feet of any property having a residential zoning district designation.

4)

The number of spectators and participants present at the rodeo or equestrian event at any one time does not exceed 300.

f.

Seasonal sales lots. Seasonal temporary sales activities (e.g., Christmas trees, Halloween pumpkins, Thanksgiving materials, etc.) not subject to the regulations of Section 35-131 (Agricultural Sales) including temporary residence/security trailers, on non-residentially zoned land, or residentially zoned land utilized by an institution (e.g., church, school), provided they do not continue for more than 60 consecutive days.

g.

Other similar temporary activity. Any other similar activity conducted for a temporary period either outdoors, within temporary structures or within single-family residential zoning districts which, as determined by the Director, has the potential to result in an adverse effect on surrounding properties.

3.

The following temporary uses of property, which may include the erection of temporary structures such as fences, booths, tents or the parking of trailers, require a Minor Conditional Use Permit approved by the Zoning Administrator pursuant to Section 35-172 and the issuance of a Coastal Development Permit pursuant to Section 35-169, regardless of whether the development meets all of the criteria in a. through c. of Section 35-137.3.1:

a.

Reception facilities that provide indoor or outdoor facilities on a commercial basis for receptions, parties, weddings or other similar gatherings.

b.

Charitable functions on property located outside the Montecito Planning Area. The use of property for charitable and other noncommercial functions, including but not limited to fundraisers, parties, receptions, weddings and other similar gatherings, where the property is less than five acres in size, the owner of the property receives no remuneration and the number of persons present at the event at any one time exceeds 300.

c.

Rodeos and equestrian events that do conform to the provisions of Section 35-137.3.2.e.

d.

Spectator entertainment facilities including but not limited to concerts, outdoor movies, and live performance stages or theaters.

4.

No Conditional Use Permit shall be approved, nor shall any Coastal Development Permit be issued, until the Supervisor of the Supervisorial District in which the use is proposed, or his or her designated representative, has been notified of the application.

5.

A Coastal Development Permit requested pursuant to Section 35-137.3.2 shall be approved, approved with conditions, or denied within 30 days of submittal of a complete application for the Coastal Development Permit.

Section 35-137.4 Development Standards.

Temporary uses permitted under Section 35-137.3 shall comply with the following development standards:

1.

Temporary uses shall not continue for more than five consecutive days unless otherwise specified.

2.

The applicant for the temporary use shall comply with all provisions of the laws of the County of Santa Barbara including, but not limited to, the County Business License Ordinance and any conditions imposed pursuant to this Article or any other such ordinance.

3.

The decision-maker with jurisdiction over the proposed temporary use shall have the right to impose reasonable conditions upon the operation of the temporary use in order to protect and preserve the public health, safety, or welfare. Noncompliance with any conditions of approval of a temporary use permit shall constitute a violation of the zoning ordinance. Such conditions may include, but shall not be limited to:

a.

Special setbacks and buffers.

b.

Regulation of outdoor lighting.

c.

Regulation of points of vehicular ingress and egress, the location of parking areas, and implementation of a parking plan. Said plan may include:

1)

The requirement for a parking coordinator to be present at all times during any temporary event attended by 100 or more persons to manage and direct vehicular movement.

2)

The use of dust control measures to keep dust generation to a minimum and to minimize the amount of dust leaving the site.

3)

Appropriate signage placed onsite directing visitors to and indicating the location of parking areas. Signs shall be placed prior to the commencement of each event.

d.

Regulation of noise, vibration, odors, etc.

e.

Regulation of the number, height and size of temporary structures, equipment and signs.

f.

Limitation on the hours and days of operation of the proposed temporary use.

g.

If special sales are involved, limitations on the location where sales may occur, the number of vendors and the scope of goods sold.

h.

Obtaining all the appropriate Public Health Department permits and authorizations if food sales are involved.

i.

If necessary, review and approval of the proposed temporary use by the County Fire Department or applicable fire protection district.

j.

Obtaining a County business license if necessary.

4.

All temporary electrical facilities, temporary toilet and plumbing facilities, and temporary shelters or structures shall be approved by the Building and Safety Division of Planning and Development and the County Fire Department or fire protection district.

5.

The area used as a temporary event shall be left in a clean and orderly manner with all structures, signs, and other material removed within three days following the cessation of the event.

Section 35-137.5 Additional Findings.

In addition to the findings required to be adopted by the decision-maker pursuant to Sections 35-169 and 35-172, in order to approve an application for a temporary use, the decision-maker shall also make the following findings:

1.

That the site is adequate in size and shape to accommodate the proposed temporary use.

2.

That the proposed temporary use would not adversely interfere with existing uses on the subject property, and would not impede or adversely impact pedestrian access ways or vehicular circulation patterns.