Chapter 2 — PURPOSE AND APPLICABILITY

• A. The City of Solvang Zoning Code implements the policies of the City of Solvang General Plan by classifying and regulating the uses of land and structures within the city, consistent with the General Plan. This code is adopted to protect and promote the public health, safety, and general welfare of residents and businesses.

• B. The purposes of the zoning code are to:

  1. Provide standards for the continuing orderly growth and development of the city that will assist in maintaining the character and community identity of Solvang.

  2. Ensure development is completed at an appropriate scale in relation to the existing landscapes, streetscapes, and designed to create attractive streetscapes and pedestrian spaces to maintain Solvang's character in districts outlined in the general plan.

  3. Provide for a mixture of land uses, safe and effective multi-modal transportation, and adequate on- and off-street parking facilities.

  4. Conserve and protect the natural resources of Solvang.

  5. Provide neighborhoods with a variety of housing types to serve the needs of a diverse population; and

6. Ensure compatibility between different types of development and uses.

(Ord. 24-0378, 12/9/2024)

This zoning code is enacted based on the authority vested in the City of Solvang by the City of Solvang City Charter and the State of California, including but not limited to: the California Constitution ; the Planning and Zoning Law (Government Code Sections 65000 et seq.); and the California Environmental Quality Act (Public Resources Code Sections 21000 ). Nothing in this zoning code is intended to abrogate the home rule authority of the city as a charter city under the California Constitution, and as provided for in Article IV of the city charter, nothing in zoning code shall be interpreted as applying the general laws of the state of California in such a manner as to conflict with the city charter.

(Ord. 24-0378, 12/9/2024)

• A. Responsible Bodies and Individuals. This zoning code shall be administered by the city council, the planning commission, the design review committee, the city manager, the planning manager, the Public Works Director/City Engineer and Utilities Director, or their designees.

• B. Exercise of Discretion. In the event that a provision of this Zoning Code allows for the exercise of discretion in the application of a specific standard or requirement, but does not identify specific criteria for a decision, the following criteria shall be used:

  1. The decision is consistent with the General Plan;

  2. The proposed development complies with all other applicable provisions including City standards; and

  3. The exercise of discretion will act to ensure the compatibility of the proposed development with its site, surrounding properties, and the community.

• (Ord. 24-0378, 12/9/2024)

In addition to all applicable federal, state, and local laws and regulations governing land use and development, this zoning code applies to all land within the city, as follows:

• A. New Land Uses or Structures, Changes to Land Uses or Structures. No building, structure, or land shall be used or occupied, and no building, structure, or land shall be constructed, replaced, occupied, enlarged, or altered, nor shall any applicable permit be issued unless in conformity with all the provisions of this code for the zone in which it is located and other applicable regulations except as provided in Chapter 15 (Nonconforming Structures and Uses) of this zoning code.

• B. Subdivisions. Any subdivision of land proposed within the city after the effective date of this zoning code shall be consistent with the minimum lot size requirements of Chapters 5 through 9, and all applicable requirements of this zoning code.

• C. Minimum Requirements. The provisions of this zoning code shall be the minimum requirements for the promotion of the public health, safety, and general welfare. When this zoning code provides for discretion on the part of a city official or body, that discretion may be exercised to impose more stringent requirements than set forth in this zoning code, as may be determined by the review authority to be necessary to promote appropriate land use and development, environmental resource protection, and other purposes of this zoning code.

• D. Property Owned by Federal or State Agencies. The provisions of this zoning code shall not apply to property owned by the United States of America or any of its agencies, nor to the state of California or to any local agency not required to comply with this zoning code by state law when the proposed use or structure is for a governmental purpose. All exempt agencies are encouraged to design any new developments in compliance with the standards set forth in this zoning code and to cooperate in meeting the goals and objectives of this code and the general plan.

• E. Conflicting Requirements.

  1. Zoning Code Requirements. If different requirements within this zoning code conflict, the planning manager shall make a determination of which provision to apply. Such determination shall be appealable to the planning commission.

  2. Zoning Code and Municipal Code Provisions. If a conflict occurs between requirements of this zoning code and requirements of the Solvang Municipal Code, or other regulations of the city, the most restrictive requirement shall apply.

  3. Development Agreements or Specific Plans. If a conflict occurs between the requirements of this zoning code and standards adopted as part of any development agreement or applicable specific plan, the requirements of the development agreement or specific plan shall apply.

  4. Private Agreements. This zoning code applies to all land uses and development regardless of whether it imposes a greater or lesser restriction on the development, land use, or land than a private agreement or restriction (for example, "Covenants, Conditions and Restrictions").

• F. Effect of Zoning Code Changes on Projects in Progress.

  1. This zoning code and any amendments thereto shall apply on and after the effective date of the ordinance adopting the code or amendments except as described in this section or otherwise required by state law.

  2. A planning application for a housing project accepted by the department and deemed complete and in compliance with all applicable provisions of the zoning code before the effective date of this zoning code shall be processed in compliance with the standards in effect when the application was deemed complete.

  3. A project that has been approved by the city but is not yet under construction on the effective date of this zoning code need not satisfy any new or different requirements of this code, provided that the approved use of the site shall be established, including the completion of all structures and other features of the project as shown on the approved permit, before the expiration of the permit, or applicable time extension.

  4. A project that is under construction on the effective date of this zoning code or any amendment need not satisfy any new or different requirements of this zoning code, provided that the approved use of the site shall be established, including the completion of all structures and other features of the project as shown on the approved permit, before the expiration of the permit, or applicable time extension.

• G. Other Requirements May Apply. Nothing in this zoning code eliminates the need to obtain any other permits required by the city, or any permit, approval or entitlement required by any other applicable special district or agency, and/or the regulations of any state or federal agency.

• (Ord. 24-0378, 12/9/2024)

• A. Authority. The planning manager has the authority to interpret any provision of this zoning code. Whenever the planning manager determines that the meaning or applicability of any zoning code requirement is subject to interpretation, the planning manager may issue an official interpretation. The planning manager may also refer any issue of interpretation to the DRC, commission, or council for their determination.

• B. Language. In addition to the general provisions of this zoning code, the following rules of construction shall apply:

  1. The particular controls the general.

  2. The words "shall," "must," "will," "is to," and "are to" are always mandatory.

  3. "Should" is not mandatory but is strongly recommended; and "may" is permissive.

  4. The words "includes" and "including" shall mean "including but not limited to".

  5. Unless the context clearly indicates the contrary, the following conjunctions shall be interpreted as follows:

     • a. "And" indicates that all connected words or provisions shall apply.

     • b. "Or" indicates that the connected words or provisions may apply singly or in any combination.

     • c. "Either . . . or" indicates that the connected words or provisions shall apply singly but not in combination.

  6. Words used in the present tense shall include the future tenses.

  7. Words in the singular number include the plural and words in the plural number include the singular except where the natural construction of the writing indicates otherwise.

  8. References to departments, divisions, sections, commissions, boards, or other offices are to those of the city unless otherwise indicated.

  9. References to a public official in the city are to that person who performs the function referred to and includes a designee of such official.

  10. All references to measurements are in feet unless otherwise indicated.

• C. Time Limits. Whenever a number of days is specified in this zoning code, or in any permit, condition of approval, or notice issued in compliance with this zoning code, the number of days shall be construed as consecutive calendar days unless expressly stated otherwise in this zoning code. A time limit shall extend to 5:00 p.m. on the following working day where the last of the specified number of days falls on a day City Hall is closed, unless expressly stated otherwise in this zoning code.

• D. Calculation of Fractions. Any fraction greater than or equal to 0.50 shall be rounded up to the nearest whole number unless otherwise indicated in this zoning code. Any fractional unit less than 0.50 shall be rounded down to nearest whole number unless otherwise indicated in this zoning code.

• E. State Law Requirements. Where this zoning code references applicable provisions of state law (for example, the California Government Code , Subdivision Map Act, or Public Resources Code ), the reference shall be construed to be the applicable state law provisions as they may be amended from time to time.

• F. Conflicting Requirements. Refer to section 11-2-4(E). (Ord. 24-0378, 12/9/2024)