Santa Barbara County Municipal Code Div. 16 Montecito Community Plan Overlay District

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Section 35-208.2 Additional Requirements.

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

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

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

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

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

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

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

b. They do not exceed a height of 12 feet; and

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

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

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

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

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

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

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

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

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

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

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

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

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

(Ord. No. 5194, § 40, 11-7-2023)

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

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

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

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

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

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

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

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

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

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

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

1. Recreational court lighting is prohibited in all residential zone districts.

Within the Montecito Overlay District, prior to approving any Board of Architectural Review application, the Board of Architectural Review shall make the following findings instead of those required in Section 35-184.6:

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

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

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

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

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

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

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

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

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

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

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

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

1. In addition to the findings that are required for approval of a development project (as development is defined in the Santa Barbara County Coastal Plan), as identified in each section of Division 11 - Permit Procedures of Article II, a finding shall also be made that the project meets all the applicable development standards included in the Montecito Community Plan of the Coastal Land Use Plan.

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

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