The following regulations shall apply to both the R-3 Limited
Multiple-Family Residence Zone and the R-4 Hotel-Motel-Multiple-Residence
Zone unless otherwise provided in this title.
(Ord. 2585, 1957; Ord. 3710, 1974)
A.
R-3
ZONE. This is a restricted residential district of high density in
which the principal use of land is for multiple-family dwellings,
together with recreational, religious and educational facilities required
to serve the community. The regulations for this district are designed
and intended to establish, maintain and protect the essential characteristics
of the district, to develop and sustain a suitable environment for
family life and to prohibit activities of a commercial nature and
those which would tend to be inharmonious with or injurious to the
preservation of a residential environment.
B.
R-4
ZONE. This is a hotel-motel multiple residence district in which the
principal use of land is intended to be for multiple housing, together
with recreational, religious and educational facilities required to
serve the community. The provisions of this chapter are intended to
provide a pleasant and healthful environment by establishing provisions
for usable open spaces.
It is the intent of this district to allow hotels and similar
establishments, including related recreational, conference center
and other auxiliary uses primarily for use by hotel guests, while
protecting the existing housing stock, and to preserve the residential
character of those neighborhoods which are still primarily residential.
In addition, the preservation of buildings of architectural and/or
historical significance shall be encouraged. A conversion permit will
be required in order to convert existing dwelling units for the purpose
of providing hotel or similar uses.
Regulations for this district are designed to control activities
of a retail commercial nature and those which would tend to be inharmonious
with housing. Restaurants intended to serve the visitors using the
established hotels and motels in the immediate vicinity are permitted
subject to approval of a conditional use permit.
(Ord. 2585, 1957; Ord. 3710, 1974; Ord. 4018 §1, 1979; Ord. 4199, 1983)
A.
B.
R-4
ZONE.
1.
Any
use permitted in the R-3 Zone and subject to the restrictions and
limitations contained therein, except that any such use specifically
mentioned hereafter shall be subject to the restrictions of the R-4
Zone.
2.
Hotels and related recreational, conference center and other auxiliary uses primarily for use by hotel guests. Any hotels, when units are designed or constructed with cooking facilities shall, as to such units, be subject to the lot area per unit requirements of the R-4 Zone and to the parking requirements for multiple family units required in Section 28.90.100.G.3 of this title. Such hotels when designed, constructed or used for either 24 or more dwelling units, or 50 guest rooms or more may include a business, except a restaurant, conducted therein for the convenience of the occupants and their guests; provided entrance to such places of business be from the inside of such buildings; that the floor area used for all the businesses in the facility shall not exceed 30% of the total ground floor area of all the buildings comprising the hotel which are on a single lot or contiguous lots; and provided further that no street frontage of any such building shall be used for such business. Any hotel, regardless of the number of units or rooms therein, may include a restaurant for use by the hotel occupants and their guests only, provided that such facility conforms to all other requirements imposed on any "business" by this paragraph. A restaurant not conforming to all other requirements imposed on any "business" by this paragraph or not for use solely by hotel occupants and their guests may be established only if a conditional use permit is obtained for operation of a restaurant under Chapter 28.94 of this code.
(Ord. 2585, 1957; Ord. 3710, 1974; Ord. 4199, 1983; Ord. 4858, 1994)
(Ord. 2585, 1957; Ord. 3710, 1974; Ord. 5380, 2005)
Three stories, which three stories combined shall not exceed (i) 45 feet nor (ii) exceed the height limitations imposed for the protection and enhancement of solar access by Chapter 28.11 of this code.
(Ord. 2585, 1957; Ord. 3710, 1974; Ord. 4426, 1986)
The following setbacks shall be observed on all lots within
these zones:
A.
Front
Setback. A front setback of not less than the indicated distance shall
be provided between the front lot line and all buildings, structures,
and parking on the lot, as follows:
1.
One
or two story building or structure: 10 feet
2.
Three
story building or structure: 15 feet; however, if the net floor area
of the third floor is less than 50% of the net floor area of the first
floor building footprint, the front setback shall be reduced as follows:
3.
Parking
that does not back out onto the street: 10 feet
4.
Parking
that backs out onto the street: 20 feet
B.
Interior
Setback. An interior setback of not less than the indicated distance
shall be provided between the interior lot line and all buildings,
structures, and parking on the lot as follows:
1.
One
or two story building or structure: 6 feet
2.
Three
story building or structure: 10 feet; however, if the net floor area
of the third floor is less than 50% of the net floor area of the first
floor building footprint, the interior setback shall be reduced as
follows:
3.
Garage,
carport or uncovered parking: six feet; however, if the width of the
lot is less than 55 feet at the opening of a garage or carport, the
garage or carport opening does not face the street, and the interior
depth of the garage or carport does not exceed 20 feet, the setback
may be reduced by up to 3 feet by the design review body that reviews
the project.
C.
Rear
Setback. A rear setback of not less than the indicated distance shall
be provided between the rear lot line and all buildings, structures,
and parking on the lot:
1.
Ground
floor portions: 6 feet
2.
Second
story portions: 10 feet
3.
Third
story portions: 10 feet
4.
Garage,
carport, or uncovered parking: 3 feet
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For purposes of this section, a rear setback shall be provided
from the lot line opposite to the front lot line. In the event of
two or more front lot lines, the rear setback shall be provided from
the lot line opposite to any of the front lot lines.
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(Ord. 5459, 2008)
It is hereby declared that under the following conditions a
physical hardship exists on all R-3 and R-4 Zone lots, and that the
listed modifications are hereby granted where the stated conditions
exist. Other provisions of this title notwithstanding, a conforming
addition may be made to an existing nonconforming dwelling where such
nonconformance is due to inadequate front setback or interior setbacks,
providing said dwelling complied with the setbacks required by ordinance
at the time of construction.
(Ord. 3587, 1973; Ord. 3710, 1974; Ord. 5459, 2008)
No main building shall be closer than 15 feet to any other main
building on the same lot, except that a one-story building shall be
no closer than 10 feet to another one-story building.
(Ord. 2585, 1957; Ord. 3710, 1974)
A.
Minimum
Lot Size and Frontage for New Lots. Every lot hereafter created in
an R-3 and R-4 Zone shall contain at least 14,000 square feet and
60 feet of frontage on a public street.
B.
Lots
Less Than 5,000 Square Feet. Existing lots of less than 5,000 square
feet of net lot area may be used as a building site for a one-family
dwelling, provided that all other regulations of the zone prescribed
by this title are observed.
C.
Existing
Lots of 5,000 to 6,999 Square Feet. Existing lots of 5,000 to 6,999
square feet of net lot area, inclusive, may be used as a building
site for two dwelling units, provided that all other regulations of
the zone prescribed by this title are observed.
D.
Lots
of 7,000 to 13,999 Square Feet. Existing lots of 7,000 to 13,999 square
feet of net lot area, inclusive, may be used as a building site for
three units, provided that all other regulations of the zone prescribed
by this title are observed.
E.
Lots
of 14,000 Square Feet or More. For lots of 14,000 square feet or more
of net lot area, a minimum of 3,500 square feet of net lot area shall
be provided for each dwelling unit hereafter erected.
F.
Variable Density in Certain Zones. Lots in the R-3, R-4, C-1, C-2, C-M and R-O Zones, as well as lots in the HRC-2 and OC Zones where residential uses are allowed by the Local Coastal Plan, may be used as a building site for more units than permitted in subsections B, C, D and E above if the number of bedrooms in the dwelling unit is limited in accord with the following:
1.
Studio
unit - one unit per 1,600 square feet of lot area;
2.
One-bedroom
unit - one unit per 1,840 square feet of lot area;
3.
Two-bedroom
unit - one unit per 2,320 square feet of lot area;
4.
Three
or more bedroom unit - one unit per 2,800 square feet of lot area.
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Existing lots with less than 5,000 square feet of net lot area shall not be used as a building site under this subsection F for more than two dwelling units. This subsection F shall be applicable in the R-3, R-4, C-1, C 2, C-M, R-O, HRC-2 and OC Zones and not in any other zone. The fact that a lot may be subject to an overlay zone, including, but not limited to, the S-D-2 or S-D-3 Overlay Zones, does not prohibit the application of variable density if variable density is otherwise allowed in the base zoning of the lot.
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(Ord. 2585, 1957; Ord. 3753, 1975; Ord. 3710, 1974; Ord. 3950 §1, 1978; Ord. 4772, 1992; Ord. 5343, 2005; Ord. 5459, 2008)
Every lot in this zone shall provide outdoor living space in
accordance with either of the following methods:
A.
Private
Outdoor Living Space Method. Lots providing outdoor living space in
accordance with this method shall provide each of the spaces described
in paragraphs 1 through 3 below:
1.
Private
Outdoor Living Space. Private outdoor living space shall be provided
for each dwelling unit as follows:
a.
Minimum size. The private outdoor living space shall be not less
than the size specified below based on the number of bedrooms in the
dwelling unit and the location where the private outdoor living space
is provided:
c.
Connectivity. Private outdoor living space shall be contiguous to
and accessible from the dwelling unit for which it is provided.
d.
Multi-Story Dwelling Units. Dwelling units that occupy more than
one story may provide the required private outdoor living space on
any story.
e.
Allowed Amenities. Private outdoor living space may include planter
areas totaling no more than 50 square feet, patio areas, balconies,
and decks.
f.
Exclusions. Private outdoor living space shall not include stairs,
entrance decks, or landings. In addition, private outdoor living space
shall not include areas located under eaves, balconies, or other cantilevered
architectural or building projections not providing additional floor
area where the vertical clearance under the architectural or building
projection is less than seven feet.
g.
Allowed Setback Encroachments. Private outdoor living space may encroach
into setbacks as follows:
i.
Private outdoor living space provided on grade may encroach into
interior and rear setbacks up to the property line.
ii.
Private outdoor living space provided on grade may be located up
to 10 feet from the front lot line, subject to the following conditions:
(A)
The area of the private outdoor living space located in the
front yard may not exceed more than 50% of the front yard area, excluding
driveways.
(B)
The private outdoor living space provided in the front yard
shall be enclosed by a solid fence having a minimum height of five
feet and a maximum height of six feet. The exterior of the fence shall
be landscaped. However, the design review body that reviews the project
may reduce or waive the requirement for a fence or landscaping in
order to preserve substantial views from the unit being served by
the private outdoor living space or if the area does not abut a street.
2.
Open
Space. In addition to all setbacks, every lot satisfying the outdoor
living space requirement in accordance with this private outdoor living
space method shall provide on grade open space of an area not less
than 10% of the net lot area in accordance with the provisions of
this paragraph. The intent of this provision is to provide relief
from building volume, driveways and parking beyond that afforded by
setbacks.
a.
Examples of Permitted Open Space Improvements. The required open
space may consist of landscaped or hardscaped areas unobstructed from
the ground upwards, including, but not limited to:
b.
Examples of Open Space Improvements Not Permitted. The required open
space shall not consist of the following:
i.
Garages,
ii.
Carports,
iii.
Driveways,
iv.
Loading areas,
v.
Parking and turnaround areas,
vi.
Balconies,
vii.
Porches,
viii.
Decks higher than 18 inches above grade at any point,
ix.
Roof decks, or
x.
Areas located under trellises, arbors, eaves, balconies, bay windows,
window seats, or other cantilevered architectural or building projections
not providing additional floor area where the vertical clearance under
the structure or architectural or building projection is less than
seven feet.
3.
Common
Open Area. The common open area requirement specified in this paragraph
shall only apply to lots developed with four or more dwelling units.
Every lot satisfying the outdoor living space requirement in accordance
with this private outdoor living space method shall provide a common
open area in accordance with this paragraph 3. The common open area
shall have a minimum dimension of 15 feet measured in perpendicular
directions and shall be accessible to all dwelling units on the lot.
The common open area may be located on grade, on the second or higher
story, or on a roof deck. On grade common open area may include portions
of the interior setback or rear setback. On grade common open area
may include portions of any remaining front yard, but shall not include
any portion of the front setback. The common open area required in
this paragraph 3 may be counted as part of the open space required
in paragraph 2 above as long as the other conditions of paragraph
2 are satisfied.
B.
Common
Outdoor Living Space Method. Lots providing outdoor living space in
accordance with this method shall provide common outdoor living space
in accordance with the following:
1.
Accessibility.
The common outdoor living space shall be accessible to all dwelling
units on the lot.
2.
Minimum
Size. The common outdoor living space shall consist of at least 15%
of the net lot area.
3.
Minimum
Dimensions. The common outdoor living space may be provided in multiple
locations on the lot, but at least one location shall have a minimum
dimension of 20 feet measured in perpendicular directions.
4.
Location.
Common outdoor living space must be located on grade. On grade common
outdoor living space may be located in an interior setback or rear
setback. On grade common outdoor living space may be located in the
remaining front yard but shall not include any portion of the front
setback.
5.
Exclusions.
Common outdoor living space shall not include any of the following
areas:
a.
Areas designed for use by motor vehicles, including, but not limited
to, driveways, parking, and turnaround areas.
b.
Areas located under trellises, arbors, eaves, balconies, bay windows,
window seats, or other architectural or building projections not providing
additional floor area where the vertical clearance under the structure
or architectural or building projection is less than seven feet.
(Ord. 5459, 2008; Ord. 5630, 2013)
A.
Setbacks.
Setbacks for all buildings and structures used for nonresidential
purposes shall be double the setback requirements for a dwelling as
required for the zone in which such building or structure is located.
Notwithstanding the foregoing, the following shall be exempt from
the double setback requirement:
B.
Lot
coverage. Not more than 25% of the net area of a lot may be covered
by buildings used for nonresidential purposes. Notwithstanding the
foregoing, the following shall be exempt from the lot coverage limitation:
C.
Architectural
approval. All buildings used for nonresidential purposes shall be
subject to the approval of the Architectural Board of Review, or the
Historic Landmarks Commission if the property is located within El
Pueblo Viejo Landmark District or another landmark district or if
the structure is a designated City Landmark.
(Ord. 2585, 1957; Ord. 3710, 1974; Ord. 4851, 1994; Ord. 4946, 1996; Ord. 5459, 2008)
The City Council may impose other requirements as may be deemed
necessary to preserve the residential character of the neighborhood
including the mailing of notices to property owners and the holding
of a public hearing.
(Ord. 2585, 1957; Ord. 3710, 1974)
Off-street parking shall be provided as required in Chapter 28.90 of this title.
(Ord. 2585, 1957; Ord. 3710, 1974)
Signs shall be permitted in these zones only as prescribed in
the Sign Ordinance of the City of Santa Barbara.
(Ord. 2585, 1957; Ord. 3710, 1974)
A.
When any person proposes to construct one or more multiple-family dwellings, wherein the number of dwelling units is controlled by Section 28.20.060, on a lot or combination of lots, the size, shape, dimensions or topography of which, in relation to existing abutting public streets, require that there be an adequate access or internal circulation roadway for vehicular traffic, including, but not limited to, emergency vehicles and equipment traffic, the City's Chief Building Official may, prior and as a condition to the issuance of a building permit for such dwelling or dwellings, require the submission by the owner or applicant of a plot plan of such lot or combination of lots showing the location of all existing buildings and all buildings proposed to be constructed thereon and showing the location, width, and extent of improvements of an adequate access or internal circulation roadway thereon designed to connect with the abutting public street or streets.
The term adequate access or internal circulation roadway shall
mean a dedicated public street established and improved to City standards
and so located as to provide convenient and orderly traffic movement,
ingress and egress and circulation upon, through and within the lot
or combination of lots in relation to abutting streets, the multiple-family
dwelling or dwellings, and the off-street parking areas required in
connection with such dwelling or dwellings.
The plot plan and adequate access or internal circulation roadway
shall be required by the Chief Building Official where:
1.
The
lot or combination of lots which is the site of the proposed construction
exceeds five acres; or
2.
The maximum possible number of dwelling units which could be constructed on such lot or combination of lots, pursuant to Section 28.20.060 exceeds 100; or
3.
Any
portion of a multiple-family dwelling proposed to be constructed on
the lot or combination of lots will be more than 250 feet from the
right-of-way line of an abutting street.
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When none of the three foregoing categories are applicable to
the lot or combination of lots, the adequate access or internal circulation
roadway as defined herein shall not be required where the lot or combination
of lots abut on a previously dedicated street or streets and where
the private driveway access from the nearest entry to the required
off-street parking area to the point of connection with such street
or streets does not exceed 150 lineal feet.
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B.
When
the plot plan required by the Chief Building Official is filed, the
Building Official shall forthwith submit the same to the Community
Development Department and the Public Works Department for investigation,
report and recommendation. Such reports and recommendations shall
be submitted to the Planning Commission for hearing at its earliest
convenience, and such Planning Commission shall, following such hearing,
approve, modify or reject such proposed adequate access or internal
circulation roadway in respect to location and connection with existing
abutting street or streets.
C.
The owner or applicant may appeal any decision of the Planning Commission to the City Council in the manner provided by Chapter 1.30 of this code.
D.
Following
approval by the Planning Commission or the City Council, as the case
may be, of the proposed adequate access or internal circulation roadway
shown on the plot plan, the owner or applicant shall:
1.
By
formal instrument offer to dedicate said proposed roadway as a public
street; and
2.
Either
complete the required improvement of such public street to the satisfaction
of the City Engineer or agree to complete such improvement within
a period of one year, such agreement to be secured by a good and sufficient
surety bond in a principal sum equivalent to the estimated cost of
such public street on the basis of estimates to be provided by the
Department of Public Works, and conditioned on final completion of
the construction of said street.
E.
Upon
completion of such public street improvement to the satisfaction of
the City Engineer, or the execution and acceptance of an agreement
to complete, secured by bond, a building permit shall then be issued
if the requirements of other applicable ordinances have been met.
The offer of dedication shall continue until, and shall not be accepted
until, the required improvements have been completed to the satisfaction
of the City Engineer.
(Ord. 3118, 1966; Ord. 3119, 1966; Ord. 3710, 1974; Ord. 5630, 2013)
Development plan review and approval by the Planning Commission are sometimes required by Chapter 28.85 of this code.
(Ord. 4140, 1982; Ord. 5609, 2013)
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)
