A. The
following regulations shall apply in the C-P Restricted Commercial
Zone unless otherwise provided in this chapter. The zone strives to
provide a desirable living environment by preserving and protecting
surrounding residential land uses in terms of light, air and existing
visual amenities.
B. Land
classified in a C-P Zone may also be classified in another zone and
the following regulations shall apply in the C-P Restricted Commercial
Zone unless otherwise provided in this chapter.
(Ord. 3499, 1972; Ord. 3710, 1974; Ord. 4005 §7, 1979)
A. Any use permitted in the R-4, R-O and C-O Zones and subject to the use restrictions and limitations contained in the respective zone and in Section
28.54.130.
B. Any
of the following uses:
2. Automobile
parking areas.
3. Automobile
service station or automobile service station/mini-market containing
not more than six pumps and limited to incidental tire and tube repairing,
battery servicing, automobile lubrication and other minor automotive
service and repair with a conditional use permit issued pursuant to
Section 28.94.030.U of this title.
4. Bakery
employing not more than 10 persons.
15. Dressmaking or millinery shop.
17. Dry cleaning, pressing and laundry agency.
18. Dry goods or notion store.
22. Grocery, fruit and vegetable store.
24. Household appliance store and repair.
25. Ice storage house of not more than five ton capacity.
28. Meat market or delicatessen.
32. Restaurant, bar, tearoom or cafe.
33. Self-service laundry or dry cleaning.
34. Shoe store or shoe repair shop.
36. Tailor, clothing or wearing apparel shop.
37. Television, radio store and repair.
38. Veterinary hospital for small animals provided:
a. That no animals are to be boarded overnight except for medical reasons.
b. That the building shall be designed so as to prevent the escape of
all obnoxious odors and noises.
40. Household hazardous waste collection facility, as defined in Chapter
28.04.
41. Accessory buildings and accessory uses, including a storage garage
for the exclusive use of the patrons of the above stores or businesses.
42. Automobile rental, restricted to passenger vehicles, not including
trailers, campers, trucks, recreational vehicles, etc., with the specific
location subject to approval by the Planning Commission.
43. Other businesses and occupations that are substantially similar to
the uses enumerated above, as determined and documented by the Community
Development Director in a manner similar to the substantial conformance
determination process provided in the adopted Planning Commission
Guidelines.
C. The
above specified stores, shops or businesses, to the extent that they
sell merchandise shall sell only at retail, shall sell only new merchandise,
except for the resale of used merchandise acquired incidentally in
the sale of new merchandise, and shall be permitted only under the
following conditions:
1. Such
store, shop or business, except automobile service station and nursery
shall be conducted entirely within an enclosed building.
2. Products
made incidental to a permitted use shall be sold at retail on the
premises.
(Ord. 3727, 1975; Ord. 4033 §4, 1980; Ord. 4825, 1993; Ord. 4858, 1994; Ord. 5040, 1998; Ord. 5380, 2005; Ord. 5459, 2008)
As provided in Chapters
28.93 and
28.94 of this title.
(Ord. 6026 § 3, 2021)
Three stories and not exceeding 45 feet. Building height immediately
adjacent to a residential zone(s) shall not exceed that allowed in
the most restrictive adjacent residential zone for that part of the
structure constructed within a distance of 23 feet or one-half the
height of the proposed structure, whichever is less.
(Ord. 2585, 1957; Ord. 3710, 1974; Ord. 4005 §8, 1979)
The following setback requirements shall be observed on all
lots within this zone:
A. Front
setback. A front setback of not less than 10 feet shall be provided
between the front lot line and all buildings, structures and parking
on the lot.
B. Interior
setback adjacent to nonresidential zone. An interior setback of not
less than the indicated distance shall be provided between an interior
lot line that abuts a nonresidentially-zoned parcel and all buildings,
structures and parking on the lot as follows:
1. Nonresidential
or mixed use buildings or structures: No setback required.
2. Exclusively
residential buildings or structures: R-3/R-4 interior setback requirement.
3. All
parking and driveways: No setback required.
C. Interior
setback adjacent to residential zone. An interior setback of not less
than the indicated distance shall be provided between an interior
lot line that abuts a residentially-zoned parcel and all buildings,
structures, and parking on the lot as follows:
1. All
buildings and structures: 10 feet or one-half the building height,
whichever is greater.
2. Residential
parking and driveways: R-3/R-4 interior setback requirements.
3. Nonresidential or mixed use parking and driveways: five feet, landscaped. In addition, a minimum six-foot-high solid fence or decorative wall shall be provided along the property line abutting a residentially-zoned parcel, except where such fence or wall will interfere with traffic safety or would be inconsistent with the provisions of Section
28.87.170 of this title. However, the requirement for a fence or wall may be reduced or waived by the design review body that reviews the project.
(Ord. 5459, 2008)
None, except all buildings or portions thereof used exclusively
for dwelling purposes shall comply with the provisions of the R-4
Zone.
(Ord. 2585, 1957; Ord. 3710, 1974)
None, except all buildings or portions thereof used exclusively
for dwelling purposes shall comply with the provisions of the R-4
Zone.
(Ord. 2585, 1957; Ord. 3710, 1974)
Any lot in this zone developed exclusively for residential use or developed with a mixed use development shall provide outdoor living space in accordance with the provisions of the R-3/R-4 Zone as stated in Section
28.21.081 of this title.
(Ord. 5459, 2008)
Off-street parking and loading space shall be provided as required in Chapter
28.90 of this title.
(Ord. 2585, 1957; Ord. 3710, 1974)
Signs shall be permitted in this zone only as provided in the
Sign Ordinance of the City of Santa Barbara.
(Ord. 2585, 1957; Ord. 3710, 1974)
The architectural and general appearance of all buildings and
grounds shall be substantially in accordance with the actions 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. 3529, 1972; Ord. 3710, 1974; Ord. 4851, 1994)
A. C-P Zone Development Plan approval. Prior to the permitting and construction of any building or structure of 10,000 square feet or more of total floor area within the C-P Zone, a Development Plan shall be submitted for approval by the Planning Commission pursuant to the procedural and public noticing requirements of Section
28.85.030.
B. C-P
Development Plan submittal requirements. A Development Plan submitted
pursuant to this section shall, at a minimum, show the proposed building
location on the site, the size, setbacks, floor area, floor plan and
elevations, proposed parking lot design, footprints of adjacent structures,
landscaping plan, and other information as prescribed by the Community
Development Director, provided that such information is reasonably
related to meeting the requirements of this chapter.
C. Planning
Commission review. The Planning Commission may limit the allowed uses
and the permissible building height for buildings and structures approved
pursuant to this section, and may impose additional setbacks requirements,
where deemed necessary by the Planning Commission in order to secure
an appropriate development and as deemed necessary to mitigate adverse
impacts upon neighboring residential uses.
D. Required
findings. The Planning Commission, or City Council on appeal, shall
make the following findings and impose conditions necessary to secure
and perpetuate the basis for such findings, in order to approve a
Development Plan submitted pursuant to this section:
1. The
proposed development complies with all of the provisions of this title;
and
2. The
proposed development is consistent with the General Plan and the principles
of sound community planning; and
3. The
total area of the site and the setbacks of all facilities from the
property and street lines are of sufficient magnitude in view of the
character of the land and of the proposed development that major detrimental
impact on surrounding properties is avoided to the greatest extent
possible; and
4. The
design and operation of the project and its components, including
outdoor lighting and noise-generating equipment, will not be a nuisance
to the use of property in the area, particularly residential use;
and
5. Adequate
access and off-street parking is provided in a manner and amount so
that the demands of the development are met without altering the character
of the public streets in the area; and
6. The
appearance of the developed site in terms of the arrangement, height,
size, bulk, scale and architectural style of the buildings, location
of the parking areas, landscaping, and other features is compatible
with the character of the area and of the City.
E. Appeals. A decision by the Planning Commission pursuant to this section may be appealed in the manner provided for such appeals in Section
28.85.070.
F. Expiration of Development Plans. The provisions of Section
28.85.090 shall be applicable to Development Plans approved pursuant to this section.
(Ord. 5040, 1998; Ord. 5609, 2013)
Development plan review and approval by the Planning Commission are sometimes required by Chapter
28.85 of this code.
(Ord. 3529, 1972; 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)