Chapter 28.73 — OM-1 OCEAN-ORIENTED LIGHT MANUFACTURING

The regulations contained in this chapter shall apply in the OM-1 Ocean-Oriented Light Manufacturing Zone unless otherwise provided in this title. This zone strives to provide for appropriate ocean-dependent and- related industrial uses in close proximity to the Harbor/Wharf Complex. The City, while recognizing that buildings existing at the time this chapter was adopted are allowed to maintain M-1 uses, encourages the establishment of ocean-oriented uses in such buildings in keeping with the policies of the California Coastal Act and the City's Coastal Plan. In addition, this zone is intended to provide a desirable living environment by preserving and protecting surrounding residential land uses in terms of light, air and existing visual amenities. (Ord. 4171, 1982; Ord. 4429, 1986)

• A. Any of the following uses provided that such operations, manufacturing, processing or treatment of products are not obnoxious or offensive by reason of emission of odor, dust, gas, fumes, smoke, liquids, wastes, noise, vibrations, disturbances or other similar causes which may impose a hazard to life or property:

  1. Boat sales, storage, construction and/or repair;

  2. Marine storage;

  3. Public parking lots;

  4. Sail manufacturing and repair;

  5. Seafood processing and wholesaling;

  6. Household hazardous waste collection facility as defined in Chapter 28.04 of this title.

  7. Other ocean-related uses deemed appropriate by the Planning Commission.

• B. Any use other than those permitted in subsection A above and permitted in the M-1 Zone subject to the restrictions and limitations contained therein and issuance of a Conditional Use Permit. A Conditional Use Permit may be granted by the Planning Commission or City Council on appeal, for such uses in the OM-1 Zone in accordance with the provisions of Chapter 28.94 of this code, subject to the following additional findings:

  1. The use is compatible with ocean-dependent or ocean-related uses; and

  2. The property would have no feasible economic value if limited to ocean-dependent or ocean-related uses. This finding shall be substantiated by competent evidence determined by the Planning Commission to be

objective which includes no present or future demand for ocean-dependent or ocean-related uses.

• C. Structures in existence or developments which have a valid and unexpired approval from the Coastal Commission on the effective date of this Sub-section may be used for all uses permitted in the M-1 Zone.

• D. Wastewater/sanitation treatment facilities and other essential public service facilities owned and operated by the City of Santa Barbara.

• (Ord. 4171, 1982; Ord. 4429, 1986; Ord. 4825, 1993; Ord. 5459, 2008)

• A. Maximum Building Height. No building in this zone shall exceed a height of four stories, nor shall any building exceed a height of 60 feet.

• B. Community Benefit Projects. Notwithstanding the maximum building height specified in subsection A above, no building constructed in this zone after the effective date of the ordinance enacting this chapter shall exceed a height of 45 feet unless the project qualifies as a Community Benefit Project or a Community Benefit Housing Project, and the Planning Commission expressly makes all of the following findings:

  1. Demonstrated Need. The applicant has adequately demonstrated a need for the project to exceed 45 feet in building height that is related to the project's benefit to the community, or due to site constraints, or in order to achieve desired architectural qualities;

  2. Architecture and Design. The project will be exemplary in its design;

  3. Livability. If the project includes residential units, the project will provide amenities to its residents which ensure the livability of the project with particular attention to good interior design features such as the amount of light and air, or ceiling plate heights;

  4. Sensitivity to Context. The project design will complement the setting and the character of the neighboring properties with sensitivity to any adjacent federal, state, and City Landmarks or any nearby designated Historic Resources, including City-designated Structures of Merit.

• C. Buildings Adjacent to Residential Zones. The building height of a building which will be immediately adjacent to a residential zone shall not exceed the height allowed in the most restrictive adjacent residential zone for that part of the structure constructed within a distance of 30 feet or one-half the height of the proposed structure, whichever is less, provided, however, a project which qualifies as a Community Benefit Project or, a Community Benefit Housing Project under subsection B above need not comply with this requirement.

• D. Timing and Procedure for Projects Requiring the Planning Commission Building Height Findings.

  1. Conceptual Design Review. Prior to the Planning Commission considering an application for a Community Benefit Project or a Community Benefit Housing Project pursuant to this section, a project shall receive conceptual design review by the Historic Landmarks Commission or the Architectural Board of Review as required by Title 22 .

  2. Planning Commission Consideration of Findings.

     • a. Design Review Projects. If a project only requires design review by the ABR or HLC under Title 22 , the Planning Commission shall review and consider the building height findings of this section after conceptual design review and before consideration of the project by the HLC or ABR for Project Design approval.

• b. Staff Hearing Officer Projects. If a project requires the review and approval of a land use permit by the Staff Hearing Officer, the Planning Commission shall review and consider the building height findings after conceptual design review pursuant to Title 22, but before the preparation of a full application for the consideration of the land use permit by the Staff Hearing Officer.

  - c. Planning Commission Projects. If a project requires the review and approval of a land use permit by the Planning Commission, the Planning Commission shall review and consider the building height findings after conceptual design review pursuant to Title 22, but before the preparation of a full application for review by the Development Application Review Team (DART) and before the consideration of the land use permit by the Planning Commission. 
  
  - d. Appeals from the Planning Commission Determination. A decision of the Planning Commission regarding the building height findings is appealable to the City Council pursuant to the provisions of
  

Chapter 1.30 of this code. (Ord. 4171, 1982; Ord. 4429, 1986; Ord. 5630, 2013)

Setback requirements shall be the same as those provided for the M-1 Zone, Chapter 28.72 of this code. (Ord. 4171, 1982; Ord. 4429, 1986; Ord. 5459, 2008)

Restrictions shall be the same as those provided for the M-1 Zone, Chapter 28.72 of this code. (Ord. 4171, 1982; Ord. 4429, 1986)

Restrictions shall be the same as those provided for the M-1 Zone, Chapter 28.72 of this code. (Ord. 4171, 1982; Ord. 4429, 1986)

All development in the Coastal Overlay Zone is subject to review pursuant to Chapter 28.44 of this code. (Ord. 4171, 1982; Ord. 4429, 1986; Ord. 5417, 2007)

Notwithstanding any provision of law to the contrary, no application for a land use permit for a nonresidential construction project will be accepted or approved on or after December 6, 1989 unless the project complies with the provisions outlined in Development Plan Approval, Chapter 28.85 . (Ord. 4670, 1991; Ord. 5609, 2013)