Santa Barbara County Municipal Code Ch. 35.39 Use by Right, Housing Element

A. Purpose and Intent. This Chapter allows housing developments as a "use by right" to incentivize lower-income housing on certain sites that the County rezoned to accommodate its 2023-2031 Regional Housing Needs Allocation (RHNA) for very low- and/or low-income households or identified in a prior housing element to accommodate its prior RHNA, pursuant to Government Code Section 65583.2(h) and Program 1 of Chapter 5 of the 2023-2031 Housing Element Update.

B. Applicability. This Chapter shall apply to housing developments on the following sites:

1. A site that the County rezoned at a density of at least 20 units per acre to accommodate its 2023-2031 RHNA for very low- and/or low-income households, pursuant to Government Code Section 65583.2(h). This minimum density and the applicable development standards will permit at least 16 units per site.

a. Qualifying sites consist of the following Assessor Parcel Numbers:

097-371-075 (3965 Apollo Way, Lompoc; 26.11 acres)

129-120-024 (Intersection of Clark Ave. and Highway 101, Orcutt; 8.00 acres)

103-740-016 (5301 S Bradley Rd, Santa Maria; 9.81 acres)

103-181-006 (250 E Clark Ave, Santa Maria; 21.43 acres)

107-470-011 (4300 Hummel Drive, Santa Maria; 14.90 acres)

107-270-051 (619 Hummel Village Ct., Orcutt; 4.47 acres)

143-220-005, 143-220-007 and 143-261-002 (1011 Meadowvale Rd, Santa Ynez; 5.89 acres)

149-290-001 (Immediately west of Cuyama Valley High School, New Cuyama; 37.88 acres)

103-080-048 (4890 Bethany Ln, Santa Maria; 3.83 acres)

071-140-072 (300 Sumida Gardens Ln, Goleta; 20.56 acres)

071-140-071 (5381 Ekwill St, Goleta; 9.38 acres)

071-140-048 (Immediately east of 5381 Ekwill St, Goleta; 8.23 acres)

065-090-031 (600 S. Patterson Ave, Santa Barbara; 15.22 acres)

065-230-012 (620 S. Patterson Ave, Santa Barbara; 15.85 acres)

071-190-036 (905 S. Patterson Ave, Santa Barbara; 39.00 acres)

065-040-041 (4960 Hollister Ave, Santa Barbara; 27.37 acres)

065-030-012 (125 S. San Marcos Santa Barbara; 5.70 acres)

077-530-012, 077-530-021, and 077-530-020 (7380 Cathedral Oaks Rd, Goleta; 112.88 acres)

059-130-011 (400 ft. N of intersection of Hwy 154 and Cathedral Oaks Rd, Santa Barbara; 15.69 acres)

059-130-014 and 059-130-015 (4150 Foothill Rd, Santa Barbara; 33.37 acres)

057-143-001 (560 N. La Cumbre Rd, Santa Barbara; 2.95 acres)

065-080-024, 065-080-008, and 065-080-009 (5050 Hollister Ave, Santa Barbara; 11.40 acres)

065-040-026 (4750 Hollister Ave, Santa Barbara; 23.00 acres)

C. Permit requirements. Housing developments that comply with all of the development standards in Section 35.39.010.D (Development standards), below, shall be allowed as a use by right subject to the issuance of a Zoning Clearance in compliance with Section 35.82.210 (Zoning Clearances).

1. Use by right. For purposes of this section, "use by right" means the County's review shall not require a Conditional Use Permit, Development Plan, environmental review under the California Environmental Quality Act, or other discretionary review or approval pursuant to Government Code Section 65583.2(i) and Government Code Section 65589.5 for multifamily residential housing. Housing developments shall be subject to all objective standards in this Development Code, including the objective design standards of Chapter 35.33 (Multiple-Unit and Mixed-Use Housing Objective Design Standards). Any subdivision of a site shall continue to be subject to all laws, including, but not limited to, discretionary review and approval in compliance with County Code Chapter 21 (Land Division) and the Subdivision Map Act.

D. Development standards. Housing developments on a rezone site or non-vacant or vacant site listed in Section 35.39.010.B.1.a and Section 35.39.010.B.2.a, respectively, above, shall comply with the following development standards.

1. Housing type. The housing development shall consist of owner-occupied and/or rental multifamily residential uses.

2. Affordability. At least 20 percent of the units shall be affordable to very low- and/or low-income households. The applicant shall record a restrictive covenant that ensures the continued affordability of all very low- and low-income rental units for 90 years and all very low- and low-income for-sale units for 90 years, unless a different affordability term is required by low-income tax credit regulations or other applicable law.

3. Objective standards. The housing development shall comply with all objective land use policies, regulations, development standards, and design review standards in effect at the time a complete application is submitted, including but not limited to objective design standards provided in Chapter 35.33 (Multiple-Unit and Mixed-Use Housing Objective Design Standards).

4. Program Environmental Impact Report mitigation measures. The housing development shall comply with all applicable mitigation measures of the Mitigation Monitoring and Reporting Program of the 2023-2031 Housing Element Update Program Environmental Impact Report (Case. No. 23EIR-00004)

5. Replacement units. Existing or previously existing dwelling units on the site of the housing development shall be replaced in the manner provided in Government Code Section 65583.2(g)(3) or successor statute.

(Ord. No. 5207, § 5, 5-3-2024; Ord. No. 5230, § 2, 2-4-2025)