The regulations specified in this chapter shall be subject to the following interpretations and exceptions.
(Ord. 2585, 1957; Ord. 3710, 1974)
Where any provision of this chapter imposes more stringent requirements, regulations, restrictions or limitations than are imposed or required by the provisions of any other law or ordinance, then the provisions of this chapter shall govern.
(Ord. 2585, 1957; Ord. 3710, 1974)
A.
Less restrictive uses prohibited. The express enumeration and authorization in this title of a particular class of building, structure, premises or use in a designated zone shall be deemed a prohibition of such building, structure, premises or use in all zones of more restrictive classification, except as otherwise specified.
B.
Additional permitted uses. Uses other than those specifically mentioned in this title as uses permitted in each of the zones may be permitted therein provided such uses are similar to those mentioned and are in the opinion of the City Council no more obnoxious or detrimental to the welfare of the community than the permitted uses in the respective zones. The City Council may approve such uses by ordinance amendment after a recommendation has been received from the Planning Commission.
C.
Exclusion of permitted uses. The City Council after a recommendation has been received from the Planning Commission may by ordinance amendment, exclude any permitted use from any zone if in the opinion of the City Council it is obnoxious or detrimental to the welfare of the community.
D.
Nonconforming buildings. The following provisions shall apply to all nonconforming buildings and structures or parts thereof legally existing at the effective date of this title.
1.
Any nonconforming building or structure may be maintained, improved, or altered only as follows:
a.
Improvements that do not change the use or the basic, exterior characteristics or appearance of the building or structure are allowed. Such improvements include but are not limited to the following:
i.
Interior alterations or upgrades to any portion of the nonconforming building or structure, including portions that exceed the current height limitation, such as:
(A)
The replacement of wall coverings;
(B)
The replacement of existing utilities, or the installation of new utilities;
(C)
The replacement of existing interior walls, or the construction of interior walls;
(D)
The replacement of existing insulation, or the installation of new insulation; or
(E)
The replacement of existing floor coverings, or the installation of new floor coverings;
ii.
The replacement of structural members, such as studs, rafters, joists, beams, or other structural members, except where it will result in an increase in roof pitch;
iii.
The replacement or installation of new foundations and slabs under the existing building footprint;
iv.
Seismic safety retrofit improvements;
v.
The demolition and replacement of the nonconforming building or structure, provided that the following conditions are met:
(A)
The basic, exterior characteristics of the replacement building or structure is not changed, except as allowed in this section;
(B)
The new structure complies with all applicable height and building story limitations; and
(C)
The demolition and replacement of the nonconforming building or structure does not continue or perpetuate a nonconforming use.
vi.
Additions that conform to the current Zoning standards for the zone.
vii.
Solar energy systems, as defined in subdivision (a) of Civil Code Section 801.5, that are installed roughly parallel to, and protrude no higher than 10 inches (10") above (measured from the top of the roof or other structure perpendicularly to the highest point of the solar energy system), a roof or other similar structure that is legally nonconforming as to the required yard, may extend into a required yard to the extent of the legal nonconforming roof or other similar structure.
b.
Minor improvements that change the exterior characteristics are allowed. Such minor improvements are limited to the following:
i.
The replacement of exterior wall coverings with the same or different materials;
ii.
The replacement of roofing materials with the same or different materials, except those that require an increase in roof pitch;
iii.
Reduction in the number or size of window or door openings;
iv.
Replacement of existing windows or doors where there is no increase in opening size, or changes in the location of the windows or doors.
c.
Minor expansions of the net floor area on lots that are nonconforming as to the maximum net floor area or where the proposed expansion would otherwise be deemed precluded development as specified in Section 28.15.083 are allowed under the following conditions:
i.
The expansion may not exceed 100 square feet of net floor area over the net floor area legally existing on the lot as of the effective date of Section 28.15.083;
ii.
Only one expansion is allowed pursuant to this paragraph (c) (even if the expansion is less than 100 square feet of net floor area); and
iii.
A minor expansion of net square footage pursuant to this paragraph (c) is not permitted in connection with the demolition and replacement of a nonconforming building.
2.
Nothing in the above provisions shall be construed to prohibit any additions or alterations to a nonconforming structure as may be reasonably necessary to comply with any lawful order of any public authority, such as seismic safety requirements, the Americans with Disabilities Act, or a Notice and Order of the Building Official, made in the interest of the public health, welfare, or safety, provided that modification approvals pursuant to Chapter 28.92 of this title may be required for such additions or alterations.
E.
Nonconforming uses. Any nonconforming use of a conforming or nonconforming building may be maintained and continued, provided there is no increase or enlargement of the floor area of the buildings or structures on site which are occupied or devoted to such nonconforming use except as provided in this subsection, and further provided there is no increase in the intensity of such nonconforming use except as otherwise provided in this title. When a building containing a nonconforming use is demolished, the nonconforming use shall be deemed discontinued, and such nonconforming use shall not be continued or perpetuated in any replacement building, except as provided in this subsection. For the purposes of this section, an increase in intensity of use shall include but not be limited to the following: An increase in the number of required parking spaces for the use, or increase in the amount of traffic, noise, odors, vibration, air pollution including dust and other particulate matter, hazardous materials or other detrimental effects on the surrounding community that are generated by the use.
1.
Properties with Nonconforming Residential Density. Improvements or alterations to a residential structure are not allowed if the improvement or alteration does any of the following: (i) increases residential density, (ii) increases floor area of any main or accessory building on the lot (except garages and carports), or (iii) increases the amount of habitable space. For the purpose of this paragraph, residential density shall be defined as the number of dwelling units on a property, except in the R-3, R-4, R-O, C-1, C-2, C-M, HRC-2, and OC Zones, where residential uses are allowed, the residential density shall be defined as a combination of the number of dwelling units and the number of bedrooms per unit on a property. The following improvements are allowed, provided that any portion of a building or structure that is nonconforming as to the physical standards of the zone shall only be improved consistent with the provisions in subsection D of this section:
a.
New fences;
b.
New windows;
c.
New doors;
d.
Replace windows with doors;
e.
New ground floor or upper floor decks;
f.
New utilities;
g.
Re-roof, including changes in pitch up to 4 in 12;
h.
New interior or exterior wall coverings;
i.
New insulation;
j.
New foundations;
k.
Structural upgrades;
l.
Seismic Safety retrofit improvements;
m.
New exterior water heater enclosures;
n.
Interior floor plan changes, including converting existing floor area to bathrooms or laundry rooms, subject to the limitations specified above regarding residential density, floor area, and habitable space;
o.
New covered or uncovered parking spaces, up to the minimum number required by this title for the existing dwelling units;
p.
Demolition and replacement, pursuant to the conditions in Section 28.87.038.B of this title; or
q.
Other improvements which neither increase the residential density on site, add floor area, nor increase the amount of habitable space.
2.
Residential Uses in the M-1 Zone. Buildings or structures containing residential uses in the M-1 Zone may be improved and upgraded as allowed in Section 28.87.030.E.1., above, provided the following conditions are met:
a.
There is no increase in floor area, including accessory buildings;
b.
There is no increase in residential density;
c.
If a proposal to upgrade or improve a residential property in the M-1 zone requires discretionary review by the City, notice of such discretionary review shall be given as required by Section 22.22.132, 22.68.040, 22,69.040 or 28.92.060, depending on the reviewing body.
3.
Neighborhood Markets in Residential Zones. Nonconforming neighborhood markets in residential zones that are properly permitted as of September 1, 1998 may be improved and upgraded as allowed in Section 28.87.030.E.1. above, subject to the following additional conditions:
a.
There is no increase in floor area;
b.
If a proposal to upgrade or improve a neighborhood market in a residential zone requires discretionary review by the City, notice of such discretionary review shall be given as required by Section 22.22.132, 22.68.040, or 28.92.060, depending on the reviewing body.
For the purpose of this section, a neighborhood market shall be defined as a small-scale market that may sell a full range of food and convenience products, including meat, dairy, vegetables, fruits, dry goods, beverages, and prepared food for off-site consumption. |
4.
Any part of a building, structure or land occupied by such a nonconforming use which is changed to or replaced by a use conforming to the provisions of this title shall not thereafter be used or occupied by a nonconforming use.
5.
Any part of a building, structure or land occupied by such a nonconforming use, which use is discontinued or ceases for a period of one year or more, shall not again be used or occupied except by a use allowed by the applicable zoning. This time limit shall not apply to a nonconforming use in a building or structure or on land located in an area which the City Council has, by resolution, found to be impacted by governmental action provided (i) the nonconforming use is resumed within one year of the completion of the governmental action and (ii) the nonconforming use is not more intense than the use which existed prior to the governmental action.
6.
If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or a more restrictive classification. In areas found by the City Council to be impacted by governmental action, any interim use not conforming to the zoning designation but found appropriate by the Planning Commission may be established upon issuance of a conditional use permit.
7.
The foregoing provisions of this section shall also apply to buildings, structures, land or uses which hereafter become nonconforming due to any reclassification of zones under this title or any subsequent change in the regulations of this title.
8.
The provisions of this chapter concerning the physical change, abandonment, structural alteration, removal, discontinuance, reconstruction, repairing or rebuilding of nonconforming buildings, structures and uses shall not apply to public utility buildings, structures and uses. Nothing in this part shall be construed or applied so as to prevent the expansion, modernization or replacement of public utility buildings, structures, equipment and facilities where there is no change of use or increase in area of the property so used.
9.
An existing educational institution may use, for all educational purposes, buildings existing on the date that this subsection is adopted.
(Ord. 2585, 1957; Ord. 2628, 1957; Ord. 3679, 1974; Ord. 3710, 1976; Ord. 4181, 1982; Ord. 4582, 1989; Ord. 4896, 1994; Ord. 5072, 1998; Ord. 5380, 2005; Ord. 5412, 2007; Ord. 5416, 2007; Ord. 5444, 2008; Ord. 5459, 2008)
The provisions of this chapter shall apply to uses which become nonconforming by reason of any amendment to this title, as of the effective date of such amendment.
(Ord. 2585, 1957; Ord. 3710, 1974)
A.
Nonresidential Structures. A nonconforming building or structure used for nonresidential purposes, which is damaged or partially destroyed by fire, flood, wind, earthquake or other calamity or act of God or the public enemy to the extent of not more than 75% of its market value immediately prior to the damage, as determined by the Community Development Director or designee, may be restored and the occupancy or use of such building, structure or part thereof which existed at the time of such partial destruction may be continued or resumed, provided that reconstruction, restoration or rebuilding shall commence within a period of one year of the occurrence of the damage or destruction. The applicant shall demonstrate due diligence to complete the proposed reconstruction as determined by the Community Development Director. In the event such damage or destruction exceeds 75% of the market value of such nonconforming building or structure immediately prior to the damage, as determined by the Community Development Director or designee, no repairs or reconstruction shall be made unless every portion of such building is made to conform to all the regulations for new buildings in the zone in which it is located. The Community Development Director or designee may require the applicant to have the property appraised by a licensed real estate appraiser in order to determine the market value of such nonconforming building or structure immediately prior to the damage.
B.
Residential Structures. Any nonconforming building or structure used for residential purposes, which is damaged or destroyed by fire, flood, wind, earthquake or other calamity or act of God or the public enemy may be restored or rebuilt and the occupancy and use may be continued or resumed provided the following conditions are met:
1.
The net square footage of the replacement building or structure shall not exceed the net square footage of the building or structure that was legally permitted prior to the damage or destruction;
2.
The number of dwelling units shall be not greater than the number existing prior to the damage or destruction;
3.
In R-3, R-4, R-O, C-1, C-2, and C-M zones, the number of bedrooms per dwelling unit shall not be greater than the number existing prior to the damage or destruction;
4.
The building setbacks shall not be less than those which existed prior to the damage or destruction;
5.
The number of parking spaces shall be no less than the number of parking spaces in existence prior to the damage or destruction;
6.
The building, plot and landscaping plans shall be reviewed and approved by 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, or the City Council on appeal, if such review would normally be required, except as allowed in this section;
7.
Any such reconstruction, restoration or rebuilding shall conform to all applicable adopted Uniform Codes in effect at the time of reconstruction, unless otherwise excused from compliance as a historic structure, pursuant to the Uniform Code for Building Conservation;
8.
All permits required under the California Building Code as adopted and amended by the City shall be obtained. The Community Development Director or designee shall review and determine prior to issuance of said permits that the plans conform to the above;
9.
Plans existing in the City's archives shall be used to determine the size, location, use, and configuration of nonconforming buildings and structures. Notwithstanding anything to the contrary above, if a property owner proposes to rebuild the building or structure in accordance with the City's archive plans, a building permit shall be the only required permit or approval. However, any exterior alterations shall be subject to design review, if such review would normally be required by the Santa Barbara Municipal Code. If plans do not exist in the City's archives, the City shall send a notice to all owners of property within 100 feet of the subject property, advising them of the details of the applicant's request to rebuild, and requesting confirmation of the size, location, use, and configuration of the nonconforming building that is proposed to be rebuilt. The public comment period shall be not less than 10 calendar days as calculated from the date that the notice was mailed.
10.
The building permit for the reconstruction, restoration or rebuilding must be issued within three years of the occurrence of the damage or destruction.
(Ord. 3710, 1974; Ord. 3915, 1977; Ord. 3916, 1977; Ord. 4851, 1994; Ord. 5072, 1998; Ord. 5451, 2008; Ord. 5503, 2009)
A.
Owner may elect to demolish and replace. This section applies to potentially hazardous, nonconforming buildings which are required to, but have not yet complied with Chapter 22.18 of this code as of the effective date of this amendment. An owner of a potentially hazardous, nonconforming building may elect to demolish that building, and construct a new building in order to meet the requirements of the Seismic Safety Ordinance provided that:
1.
If the potentially hazardous, nonconforming building is a Landmark designated pursuant to the authority of Chapter 22.22, demolition of that building shall comply with the requirements contained in Chapter 22.22; and
2.
The amount of interior building space (i.e., square footage) shall not be greater than the amount which is contained within the existing building; however, nothing herein shall preclude an addition of square footage pursuant to Chapter 28.85 of this title; and
3.
Setbacks shall not be less than those which currently exist; and
4.
The number of parking spaces shall be no less than the number of parking spaces which currently exist; and
5.
The number of stories in the building shall be no more than the number of stories which currently exist or which are allowed in the zone, whichever is greater; and
6.
Any other existing elements or uses of the building or property which do not conform with the current applicable requirements of the municipal code shall not be increased or expanded, but may be retained; and
7.
The building, site and landscaping plans shall be subject to the review and 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, or the City Council on appeal.
Nothing herein shall be deemed to exempt such demolition and replacement of a building from full compliance with the requirements of Charter Section 1506 with respect to the height of buildings in certain zones. |
B.
Tenant Relocation Assistance Plan. Prior to an approval of the demolition of a residential hotel project pursuant to the provisions of this section, the property owner shall submit a proposed Tenant Relocation Assistance Plan. The plan, which shall be subject to the review and approval of the Planning Commission shall include, but not be limited to, the following components:
1.
Notice: A certification that each non-transient tenant will receive a written Notice of Displacement not less than 180 days prior to issuance of a demolition permit for the unit occupied by that tenant.
2.
Relocation Services: A description of how the property owner will provide relocation services to assist non-transient tenants in finding and securing suitable and comparable replacement housing.
3.
Relocation Assistance: A description of the amount of monetary assistance (either in the form of cash, a rent credit or other similar credit or free relocation services or a combination thereof) each non-transient tenant will receive prior to the actual displacement of that tenant.
4.
Schedule for Implementation: A relocation implementation schedule indicating when completion of the Tenant Relocation Plan will be accomplished.
C.
Planning Commission review. The Planning Commission shall hold a public hearing to review any request to demolish a nonconforming, potentially hazardous building, and construct a new building which may retain one or more nonconformities pursuant to this subsection. The public hearings shall be held pursuant to Section 28.92.050 of this title.
1.
Notice of Planning Commission Public Hearing. Not less than 10 days before the date of the Planning Commission Public Hearing, a notice of the date, time and place of such hearing, the location of the property and the nature of the request shall be given in the following manner, unless otherwise directed by the Planning Commission:
a.
By publishing once in a newspaper of general circulation in the City; and
b.
By mailing a notice, postage prepaid, to the applicant, to each member of the Planning Commission, to the owners of all property within 300 feet of the exterior boundaries of the property involved, using for this purpose the last known name and address of such owners as shown upon the last Assessment Roll of the County of Santa Barbara.
If the proposed project involves the demolition of a residential hotel, a notice shall be mailed to all tenants of the residential hotel not less than 28 days before the date of the Planning Commission Public Hearing. |
2.
Findings. The Planning Commission may approve the demolition and replacement of such buildings upon finding that:
a.
Seismic upgrading of the building is necessary to increase the level of public safety in the event of an earthquake; and
b.
Demolition and replacement of the nonconforming building is the most effective method of significantly increasing the level of public safety for the building occupants and the community; and
c.
The new building or uses will not be materially detrimental to the public peace, health, safety, comfort and general welfare and will not materially affect property values in the particular neighborhood involved; and
d.
Adequate access and circulation is provided in a manner so that the demands of the new development are adequately met without adversely altering the character of the public streets, sidewalks and walkways in the area; and
e.
The appearance of the developed site in terms of the arrangement, size, bulk, scale and architectural style of the buildings, location of parking areas, landscaping and other features is compatible with the character of the area; and
f.
If the project involves the demolition of nonconforming residential hotels, the Tenant Relocation Assistance Plan is adequate to meet the needs of the tenants of the residential hotel which is proposed for demolition and replacement.
g.
The parking demands of the replacement project (when contrasted with the demands of the demolished project) do not create a new and significant adverse impact on the parking resources located in the area of the project. If the replacement project results in a new and significant adverse impact on parking resources, the applicant shall make reasonable efforts to mitigate the impact. In such cases, the Planning Commission, or City Council on appeal, shall consider the parking impacts and proposed mitigation measures and may override the impacts if the benefits of the project outweigh the impact.
(Ord. 4984, 1996; Ord. 5380, 2005; Ord. 5609, 2013)
In any zone that has required setbacks, a swimming pool shall not be located closer than 15 feet to a front lot line or closer than five feet to an interior lot line unless the zone in which the pool is to be constructed has a smaller setback; then, the pool shall observe this lesser setback. The setback shall be measured from the front and interior lot lines to the closest water area of the pool.
(Ord. 2585, 1957; Ord. 3710, 1974; Ord. 3804, 1975)
A.
Where setbacks, open yards, common outdoor living space, and minimum distances between main buildings are required in this title, they shall be not less in depth or width than the minimum dimensions specified for any part, and they shall be at every point unobstructed by structures from the ground upward, except as follows:
1.
Encroachments allowed in the specific zone.
2.
Cantilevered architectural features at least three feet above adjacent grade or finished floor (whichever is higher), and which do not provide additional floor space within the building (such as cornices, canopies, or eaves), or chimneys may encroach up to two feet. However, no cantilevered architectural feature or chimney shall be located closer than three feet from any property line, except roof eaves, which may be located as close as two feet from any property line.
3.
Uncovered balconies not providing additional floor space within the building may encroach up to two feet. However, an uncovered balcony shall not encroach into an interior setback on a lot located in any single family zone.
4.
Solar energy systems, as defined in subdivision (a) of Civil Code Section 801.5, that are installed roughly parallel to, and protrude no higher than 10 inches above (measured from the top of the roof perpendicularly to the highest point of the solar energy system), a roof eave, may encroach the same amount as the roof eave.
B.
The following structures may encroach into setbacks as specified:
1.
Decks that are no more than 10 inches in height above existing grade may encroach into any setback.
2.
Uncovered porches, terraces and outside steps, not extending above the finished floor level of the first floor, may encroach up to three feet into any interior setback.
3.
Covered or uncovered entrance landings not extending above the finished floor level of the ground floor and not exceeding three feet measured in perpendicular dimensions (excluding the area under any handrail required under the California Building Code as adopted and amended by the City) may encroach three feet into any setback.
4.
Bay windows at least three feet above adjacent grade or finished floor (whichever is higher), and which do not provide additional floor space within the building may encroach up to two feet into the front setback.
5.
Accessible uncovered parking spaces, access aisles, and accessibility ramps necessary to make an existing building accessible to persons with disabilities may encroach into required setbacks to the extent reasonably necessary to accommodate the existing building. This encroachment is not available for new buildings or additions to existing buildings where the addition precludes the development of a conforming accessible improvement.
C.
The following types of structures may encroach into the required open yard in the One-Family Residence Zone and the Two-Family Residence Zone (Sections 28.15.060.C and 28.18.060.C.1 and 3.a) or common outdoor living space in the R-3/R-4 Zones (Sections 28.21.081.A.3 and 28.21.081.B), provided the total area of all such structures on the property does not occupy more than 20% of the total required open space or common outdoor living space on the lot, that no structure or structures occupy more than 20% of any individual area of required open space or common outdoor living space (if provided in multiple locations):
D.
The following types of structures may encroach into the required minimum distance between main buildings on the same lot. However, at no time shall any structure be located closer than five feet to any other structure on the lot, with the exception of: planters less than 10 inches in height above finished grade, fences, walls, and roof eaves.
1.
Detached accessory structures.
2.
Uncovered parking.
3.
Planters less than 10 inches in height from finished grade.
4.
Paving.
5.
Fences, hedges, and walls.
6.
Uncovered bicycle parking areas including bicycle racks and posts, but excluding bicycle locker parking.
7.
The following structures may encroach a maximum of three feet:
a.
Balconies, decks, porches, and terraces that do not provide additional floor area. These improvements may be roofed or unroofed. If such improvements are provided above the first floor, they must be cantilevered, and the area below the structure shall not be enclosed.
b.
Structures built to enclose trash, recycling, water heaters, or water softeners.
c.
Exterior stairways, as long as the stairways are not enclosed by solid walls.
(Ord. 2585, 1957; Ord. 5412, 2007; Ord. 5416, 2007; Ord. 5459, 2008; Ord. 5630, 2013)
Except where otherwise provided for in this title, every main building shall face or have frontage upon a public street or permanent means of access to a street.
(Ord. 2585, 1957; Ord. 3710, 1974)
Any building or structure for which a building permit has been issued, and actual construction has begun, prior to the effective date of this title, may be completed and used in accordance with the plans, specifications and permits on which said building permit was granted, if construction is diligently prosecuted to completion, and provided further that such building or structure shall be completed within two years from the effective date of this chapter.
(Ord. 2585, 1957; Ord. 3710, 1974)
A.
Dwelling unit minimum floor area requirements. Every dwelling unit hereafter created shall contain not less than 400 square feet of usable floor area. Such usable floor area shall be exclusive of open porches, garages, basements, cellars and unfinished attics.
B.
Exception for affordable efficiency dwelling units. For projects constructed or operated by a nonprofit or governmental agency providing housing as an "Affordable Housing Cost" to "Lower Income Households" (as those terms are defined in Sections 50052.5 and 50079.5 of the state Health and Safety Code), the City may permit efficiency dwelling units (as defined in Section 310.7 of the California Building Code as adopted and amended by the City) for occupancy by no more than two persons who qualify as either very low or low income households at the time of their initial occupancy under circumstances where the unit will have a minimum useable floor area (excluding floor area in the kitchen, bathroom and closet) of not less than 150 square feet. In all other respects, such efficiency dwelling units shall conform to the minimum standards specified in the California Building Code (2001 Edition) and other applicable provisions of this code.
(Ord. 3680, 1974; Ord. 4152, 1982; Ord. 4225, 1983; Ord. 4912, 1995; Ord. 5336, 2004; Ord. 5459, 2008)
The following regulations shall apply to the size and location of accessory buildings unless otherwise provided in this title.
A.
No detached accessory buildings in the A-1, A-2, E-1, E-2, E-3, R-1, R-2, R-3 or R-4 Zones may exceed two stories or 30 feet in height.
B.
Setback requirements contained in this title shall apply to all accessory buildings and structures as well as main buildings and structures, except that no accessory buildings, except garages, shall be located in a front yard.
C.
Accessory buildings, excluding garages, shall not have a total aggregate floor area in excess of 500 square feet.
D.
Garages in the A-1 and A-2 Zones shall not have a total aggregate floor area in excess of 750 square feet. Garages in the E-1, E-2, E-3, and R-1 Zones shall not have a total aggregate floor area in excess of 500 square feet, except that garages on lots in excess of 20,000 square feet shall not have a total aggregate floor area in excess of 750 square feet.
(Ord. 2585, 1957; Ord. 3710, 1974; Ord. 3788, 1975; Ord. 4780, 1992; Ord. 5459, 2008)
A. Arbor. Fence. Hedge. Parkway. Screen. Wall.
Definitions. As used in this section, the following terms and phrases shall have the indicated meanings:
An open structure typically constructed of latticework or metal that often provides partial shade or support for climbing plants, sometimes referred to as a trellis or pergola. An arbor is not considered an accessory building.
An upright structure serving as an enclosure, barrier, or boundary or that visually divides or conceals a parcel, usually made of posts, boards, wire, or rails.
A row of closely planted shrubs, bushes, or any other kind of plant material that forms a boundary or substantially continuous visual barrier.
An area between the curb and sidewalk in a fully improved right-of-way, typically landscaped.
Vegetation, including, but not limited to, trees, shrubs, bushes, and other plantings, that visually divides or conceals a parcel.
An upright structure of masonry, wood, plaster, or other building material serving to enclose, divide, or protect an area.
B.
General rules. The following guidelines and standards apply in any zone within the City:
1.
Guidelines. The Fences, Screens, Walls and Hedges Guidelines, as adopted by resolution of the City Council, shall provide direction and guidance to decision makers and City staff in connection with applications reviewed pursuant to this section.
2.
Required Reduction for Safety. If the height of any fence, screen, wall or hedge obstructs the sightlines required for the safe operation of motor vehicles, the Public Works Director (or Director's designee) may declare the fence, screen, wall or hedge to be a public nuisance and require the reduction of the height of the fence, screen, wall or hedge in order to provide for the safe operation of motor vehicles.
3.
Height Measurement. The height of a fence, screen, wall or hedge shall be measured in a vertical line from the lowest point of contact with the ground directly adjacent to either side of the fence, screen, wall or hedge to the highest point of the fence, screen, wall or hedge along said vertical line.
4.
Separation. Unless there is a horizontal separation of at least five feet between a fence, screen, wall or hedge, the combined height of a fence, screen, wall or hedge and any adjacent fence, screen, wall or hedge shall be measured from the lowest point of the lowest such fence, screen, wall or hedge to the highest point of other fences, screens, walls or hedges.
5.
Schools. A chain link or open mesh type fence of any height necessary to enclose an elementary or high school site may be located and maintained in any required yard.
6.
Barbed Wire, Concertina Wire, Sharp Wire or Points. No barbed wire or concertina wire shall be used or maintained in or about the construction of a fence, screen, wall or hedge along the front or interior lot lines of any lot, or within three feet of said lot lines. No sharp wire or points shall project at the top of any fence or wall less than six feet in height.
C.
Rules applicable to fences and walls on residentially-zoned parcels. On parcels zoned A-1, A-2, A-3, E-1, E-2, E-3, R-1, R-2, R-3, or R-4, the following standards apply to fences and walls:
1.
Required Setbacks. Except as otherwise provided in this section, no fence or wall located in the required setbacks shall exceed a height of eight feet.
2.
Front Lot Lines. Except as otherwise provided in this section, no fence or wall located within 10 feet of a front lot line shall exceed a height of three and one-half feet.
3.
Driveways. Except as otherwise provided in this section, no fence or wall exceeding a height of three and one-half feet shall be located within a triangular area on either side of a driveway as follows:
a.
When a driveway directly abuts a portion of a street improved with a sidewalk and a parkway, the triangle is measured on two sides by a distance of 10 feet from the side of a driveway and 10 feet back from the front lot line.
b.
When a driveway directly abuts a portion of a street without a sidewalk or parkway, the triangle is measured on two sides by a distance of 20 feet from the side of a driveway and 10 feet back from the front lot line.
4.
Corner Lots. Within the required "Intersection Sight Distance," as depicted in the Fences, Screens, Walls and Hedges Guidelines, no fence or wall may obstruct the sightlines required for the safe operation of motor vehicles. This paragraph does not apply to parcels located adjacent to intersections controlled by an all-way stop.
5.
Guardrails. A guardrail may extend above the maximum height limit for a fence or wall without requiring an exception or modification, only to the minimum extent required for safety by the California Building Code, and only if the guardrail is predominately transparent.
6.
Decorative Elements. Notwithstanding the above provisions, decorative elements not wider than nine inches by nine inches, such as pilaster caps, finials, posts, lighting fixtures, or similar decorative features as determined by the Community Development Director (or the Director's designee), may exceed the maximum height of any fence or wall by not more than 12 inches, provided such features are spaced not less than six feet apart, measured on-center.
7.
Entryway Arbors. Notwithstanding the above provisions, one entryway arbor, substantially open (no solid walls or roof) and not exceeding a maximum of 18 square feet in area and eight feet in height, is permitted in any front yard. The square footage of the arbor shall be determined by the area located within the rectangle formed around the posts of the arbor or the roof portion of the arbor, whichever dimension is larger. This exception shall only apply to an entryway arbor used in combination with and attached to a fence or wall. No arbor shall be located on a street corner in conflict with the provisions of Section 28.87.170.C.4.
D.
Rules applicable to screens and hedges on residentially-zoned parcels. On parcels zoned A-1, A-2, A-3, E-1, E-2, E-3, R-1, R-2, R-3, or R-4, the following standards apply to screens and hedges:
1.
Required Setbacks. Except as otherwise provided in this section, no screen or hedge located in the required setbacks shall exceed a height of eight feet.
2.
Front Lot Lines. Except as otherwise provided in this section, no screen or hedge located within 10 feet of a front lot line shall exceed a height of eight feet.
3.
Driveways. Except as otherwise provided in this section, no screen or hedge exceeding a height of three and one-half feet shall be located within a triangular area on either side of a driveway as follows:
a.
When a driveway directly abuts a portion of a street improved with a sidewalk and a parkway, the triangle is measured on two sides by a distance of 10 feet from the side of a driveway and 10 feet back from the front lot line.
b.
When a driveway directly abuts a portion of a street without a sidewalk or parkway, the triangle is measured on two sides by a distance of 20 feet from the side of a driveway and 10 feet back from the front lot line.
4.
Corner Lots. Within the required "Intersection Sight Distance," as depicted in the Fences, Screens, Walls and Hedges Guidelines, no screen or hedge may obstruct the sightlines required for the safe operation of motor vehicles. This paragraph does not apply to parcels located adjacent to intersections controlled by an all-way stop.
E.
Administrative review and approval of minor exceptions.
1.
Exceptions to the Fence and Wall Standards by the Community Development Director. The Community Development Director (or the Director's designee) may grant minor exceptions, as specified in the Fences, Screens, Walls and Hedges Guidelines, to paragraphs C.1, C.2, C.5, C.6, and C.7 above, if the Community Development Director finds that:
a.
If the subject fence or wall is located on, or within the required setback of, an interior property line, the adjacent property owner(s) that share a common property line nearest to the fence or wall have agreed to the requested exception;
b.
The granting of such exception will not create or exacerbate an encroachment into the necessary sightlines for safe operation of motor vehicles;
c.
As applicable, the subject fence or wall will be compatible with other similarly situated and approved structures in the neighborhood; and
d.
The granting of such exception will not be detrimental to the use and enjoyment of other properties in the neighborhood.
2.
Exceptions to the Screen and Hedge Standards by the Community Development Director. The Community Development Director (or the Director's designee) may grant minor exceptions, as specified in the Fences, Screens, Walls and Hedges Guidelines, to paragraphs D.1 and D.2 above, if the Community Development Director finds that:
a.
If the subject screen or hedge is located on, or within the required setback of, an interior property line, the adjacent property owner(s) that share a common property line nearest to the screen or hedge have agreed to the requested exception;
b.
The granting of such exception will not create or exacerbate an encroachment into the necessary sightlines for safe operation of motor vehicles;
c.
The screen or hedge will be compatible with the character of the neighborhood (the Community Development Director may seek advice from the appropriate design review body when considering this finding);
d.
The proposed height of the screen or hedge will respect the height limitation applicable to structures for the protection of solar access as specified in Section 28.11.020 of this code; and
e.
The granting of such exception will not be detrimental to the use and enjoyment of other properties in the neighborhood.
3.
Exceptions to Corner Lot and Driveway Sightline Standards by the Public Works Director. The Public Works Director (or the Director's designee) may grant minor exceptions, as specified in the Fences, Screens, Walls and Hedges Guidelines, to paragraphs C.3, C.4, D.3 and D.4 above, if the Public Works Director finds that:
F.
Nonconforming. Any fence, screen, wall or hedge which is nonconforming to the provisions of this section and which existed lawfully on January 10, 1957 (the effective date of the ordinance adopting the provisions of this section), may be continued and maintained, provided there is no physical change other than necessary maintenance and repair in such fence or wall, except as permitted in other sections of this title. A hedge shall be determined to be nonconforming by the Community Development Director upon receipt of sufficient evidence indicating that the hedge existed in its present location on January 10, 1957. Notwithstanding the foregoing, no more than 10% of the length of a nonconforming fence or wall may be replaced within any 12-month period, unless: (1) such fence or wall is a significant structure or feature associated with a designated City Landmark or Structure of Merit and the extent of repair or maintenance occurs pursuant to Section 22.22.070; or (2) such fence or wall is necessary to retain or support soil in a vertical or near vertical slope of earth. If a nonconforming fence, screen, wall or hedge has been determined to be a safety hazard by the Public Works Director, the Public Works Director (or Director's designee) may declare the fence, screen, wall or hedge to be a public nuisance and require the reduction of the height of the fence, screen, wall or hedge in order to provide for the safe operation of motor vehicles.
G.
Relationship with the view dispute resolution process. The fact that a hedge or screen does not violate the standards set forth in this section 28.87.170 or the fact that a property owner has received an administrative exception or modification from the standards set forth in this section for a hedge or screen shall not preclude another property owner from alleging an unreasonable obstruction of a view and availing him or herself of the protections and procedures of the City's View Dispute Resolution Process found in Chapter 22.76 of this code.
(Ord. 2346, 1951; Ord. 2585, 1957; Ord. 3234, 1967; Ord. 3513, 1972; Ord. 4162, 1982; Ord. 5459, 2008; Ord. 5650, 2014)
A.
Residential use of recreational vehicles and mobilehomes. No recreational vehicle shall be used or occupied for living or sleeping purposes unless it is located in a recreational vehicle park and complies with all provisions of any ordinance of the City of Santa Barbara regulating such park.
B.
Temporary overnight use. Notwithstanding subsection A above or any other provision of this code, the overnight use of a paved parking area by the registered owner of a recreational vehicle (as defined in Section 18010 of the State Health & Safety Code) is allowed under the following expressly limited circumstances:
1.
Church and Nonprofit Parking Lots. A church or other public benefit nonprofit corporation (which utilizes its real property for a permitted church or nonprofit institutional use) may allow the overnight use of an adjacent paved vehicular parking portion of their real property by the registered owner of a recreational vehicle as a transitional housing alternative under the following limited circumstances:
a.
Such overnight use does not conflict with express conditions imposed by the City on a permit for the church or non-profit institutional use.
b.
No more than five recreational vehicles are on the church or institutional real property for overnight accommodation use at any one time.
c.
During the overnight use, each recreational vehicle is sited at a location not less than 50 feet from any real property being used for residential purposes.
d.
Such recreational vehicles are properly and currently licensed for operation on the highway in accordance with the California Vehicle Code.
e.
The church or non-profit organization has sole and exclusive control of the parking being used for this purpose.
f.
The church or non-profit organization makes adequate and sanitary bathroom facilities (as approved by the Santa Barbara County Health Officer) available to the occupants of the recreational vehicles.
g.
No rent is received by the church or non-profit organization for this overnight accommodation use, as the term "rent" is defined in Section 26.08.030.N.
h.
The owner of the RV has been issued a permit for such use of the RV by a non-profit entity designated by the City for supervising the Safe RV Parking Program and designated by the City to assist such RV owners in transitioning to permanent housing.
2.
Parking of RVs in Certain Areas of Certain Zones. An owner of real property in the M-1 zone, north of the U.S. Highway 101, and the C-M zone, east of Santa Barbara Street to the City limits (as depicted on the map attached to this chapter entitled "RV Overnight Parking in Certain Areas of M-1 and C-M Zones, Dated February 6, 2007"), may allow the overnight use of a paved parking portion of their real property by the registered owner of a recreational vehicle as a transitional housing alternative under the following limited circumstances:
a.
Such overnight use does not conflict with express conditions imposed by the City on a use permit for the use of the real property.
b.
No more than one recreational vehicle is on the real property for overnight accommodation use at any one time.
c.
During the overnight use, each recreational vehicle is parked at a location not less than 50 feet from any real property being used for residential purposes.
d.
Such recreational vehicles are properly and currently licensed for operation on the highway in accordance with the California Vehicle Code.
e.
The owner of the real property makes adequate and sanitary bathroom facilities (as approved by the Santa Barbara County Health Officer) available to the occupants of the recreational vehicles.
f.
No rent is received by the owner of real property for this overnight accommodation use, as the term "rent" is defined in Section 26.08.030, so long as the occupant of the recreational vehicle serves as night-time security personnel.
g.
The owner of the RV has been issued a permit for such use of the RV by a non-profit entity designated by the City for supervising the Safe RV Parking Program and designated by the City to assist such RV owners in transitioning to permanent housing.
3.
City Parking Lots. The recreational vehicle being used is located within a City public parking lot as such lots (including the locations thereon) as may be designated by a resolution of the City Council under use conditions and permit restrictions which shall be expressly established in the City Council resolution. Such Council resolution shall also establish criteria for and a process to certify the continuing need for the occupants of a recreational vehicle to use the recreational vehicle as a transitional housing alternative pending an eventual transition to an acceptable and safe housing alternative.
C.
Commercial use. No recreational vehicle, mobilehome, or modular unit shall be used for office, retail or any other commercial purpose except in the following situations:
1.
A recreational vehicle or mobilehome may be used as a sales office for a new or used recreational vehicle or mobilehome sales business if such recreational vehicle or mobilehome is on the same lot or parcel of land where the business is located and if, on such same lot or parcel of land, new or used recreational vehicles or mobilehomes, other than that used for a sales office, are normally kept for display to the public;
2.
A recreational vehicle or mobilehome may be used as a sales office for a new or used auto sales business conducted on the same lot or parcel of land in areas other than a City designated landmark district;
3.
A recreational vehicle or mobilehome may be used as a construction building or office at the site of a construction project for the duration of such project;
4.
A mobilehome in a residential zone may be used for the conduct of a home occupation upon the same conditions and regulations as apply to single family residences in the zone;
5.
A modular unit or mobilehome in a residential zone may be used for temporary office purposes in connection with the use of real property as a dedicated public park provided that the owner of the property or the operator of the park has received the required City approvals to construct a permanent park office building and all of the following conditions exist:
6.
One or more modular units may be used during the term of a construction project by employees of an existing business which has been displaced due to the project, provided all of the following conditions exist:
7.
A mobilehome or modular unit may be used as an office for the initial sale, rental or leasing of lots and dwellings in a project on the site provided all of the following conditions exist:
a.
All required building permits are obtained.
b.
All necessary street improvements and off-street parking spaces are provided to the satisfaction of the Public Works Director and Community Development Director.
c.
The sales office is closed after a period of two years, unless the time period is extended by the Community Development Director.
8.
A modular unit or mobilehome in a residential zone may be used for interim fire protection purposes in connection with the use of City Fire Station No. 7 (Sheffield/Stanwood Station) provided that such use complies with the requirements of Section 28.15.040.
 RV OVERNIGHT PARKING IN CERTAIN AREAS OF M-1 AND C-M ZONES FEBRUARY 6, 2007 |
(Ord. 3001, 1964; Ord. 3710, 1974; Ord. 4269, 1984; Ord. 4525, 1988; Ord. 5222, 2002; Ord. 5275, 2003; Ord. 5368, 2005; Ord. 5411, 2007)
A.
No portion of any front yard or any required interior setback, open yard, private outdoor living space or front porch shall be used for the permanent storage of motor vehicles, trailers, airplanes, boats, parts of any of the foregoing, appliances, loose rubbish or garbage, junk, tents, garbage or rubbish receptacles, building materials, compost pile, or any similar item, except as hereinafter provided. Permanent storage, as used in this section, shall mean storage for a period of 48 or more consecutive hours.
B.
No portion of any vacant or undeveloped lot in a residential zone where no main building exists shall be used for permanent storage.
C.
Building materials for use on the same premises may be stored thereon during the time that a valid permit is in effect for construction on the premises.
(Ord. 3115, 1966; Ord. 3710, 1974; Ord. 5459, 2008)
Whenever in the Zoning Ordinance, as amended, the administrative duty of reviewing and approving landscaping or planting plans is placed upon any officer or employee of the City, such officer or employee may disapprove such plans, or any part of them, if:
A.
Any or all of the proposed plant materials are of the type having root structures which, in their natural and anticipated extension and growth and in relation to their location as shown on the plans, may damage or interfere with the normal use and enjoyment of:
a.
Public or private lines, cables, conduits, pipes or other underground structures; or
b.
Public or private sidewalks, curbs, gutters or hard surfaced roads, streets, driveways, parking and turn around areas, easements or like things designed and constructed to accommodate vehicles; or
c.
Contiguous, adjacent or abutting structures, foundations or landscape materials.
B.
Any or all of the proposed plant materials:
C.
Any or all of the proposed plant materials, because of proposed location and type, will contribute to the spread of or make more hazardous the possibility of a brush or forest fire; or
D.
Any or all of the proposed plant materials which are designed for relatively permanent emplacement will probably die because of proposed locations unrelated to their ecological requirements; or
E.
Any or all of the proposed plant materials, as affected by normal growth, will probably block the view, sunlight or fresh air flow otherwise available at a window or other opening in the walls of a building on the property or of a building on adjacent property; or
F.
Any or all of the proposed plant materials are so arranged or placed so as not to produce the aesthetic result desired by the property owner; or
G.
Any or all of the proposed plant materials are in such combinations as to promote a natural competition for the elements necessary to their healthy growth and thus seriously affect their stability or permanence; or
H.
Any or all of the proposed plant materials, as affected by normal growth, will tend to become a nuisance to or otherwise interfere with the free use and enjoyment of neighboring property; or
I.
Any or all of the proposed plant materials, as affected by normal growth, and with reference to their proposed location, will probably become obstructions to the vision of vehicle operators or to other uses of public streets and places, as such obstructions are defined and regulated under provisions contained in the Code of the City of Santa Barbara.
(Ord. 3008, 1964; Ord. 3710, 1974)
For the promotion and preservation of the health, safety, peace and general mental, economic and physical welfare, the following regulations, in addition to other requirements of law, are established for automobile service station site development, primarily to provide opportunity for the dissipation of and to reduce noise, glare or lights and gas and oil fumes, to provide safe barriers between adjacent pedestrian ways and vehicle maneuvering areas on the site, and to provide adequate separation from adjoining residential properties so as to preserve their residential amenities and incidentally, to carry out such primary purposes in a manner that will enhance and assure maintenance of the aesthetic appeal of service station sites to aid and preserve the unique character and quality of the environment of the City which draws tourists and visitors, consequently, both directly and indirectly promoting the business of service station owners and operators as well as benefitting the general economy of the City of which the tourist and visitor element is of predominant importance.
A.
When a lot is developed for automobile service station purposes, the following requirements shall be met:
1.
Where such lot abuts property used or zoned for residential purposes, such lot shall be separated from such abutting property by an ornamental masonry wall six feet high; provided that from the front property line to a depth along the abutting lot line of 20 feet such wall shall be three feet high. There shall also be provided individual planting areas no less than five feet square along and adjacent to the side of such wall which faces the service station facilities, such planting areas to be planted with trees.
2.
Where such lot abuts property other than that used or zoned for residential purposes there shall be provided individual planting areas no less than five feet square along and adjacent to such property, such planting areas to be planted with trees.
3.
Along and abutting all street rights-of-way, except in those areas encompassed within the driveway exits and entrances, there shall be provided planted planter areas three or more feet wide.
4.
No part of any building or structure or any part of a parked vehicle shall be permitted to protrude or intrude into any required planting areas from ground level up. Parking spaces shall be provided with approved tire stops, bumper stops or other barriers for this purpose.
5.
Except where buildings abut planting areas, all planting areas shall be separated from adjoining unplanted areas by a curb that is no less than four inches (4″) above pavement level.
6.
All planting areas shall be maintained in a manner that will sustain normal growth.
B.
Prior to the issuance of a building permit for an automobile service station, a planting plan showing above required planting areas, showing that the requirements of this section have been met, and showing compliance with the following additional matters shall be submitted to 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, for a determination that all of such requirements and matters have been met and upon such determination, approved:
1.
The plan shall show the botanical and common names of the plants to be used, their number, and proposed spacing and location.
2.
The plan shall show combinations of trees and shrubs or ground cover. Ground covers or shrubs alone are not acceptable as a separation from adjoining residential property, but will be sufficient for areas abutting streets.
3.
The plan shall show all parking spaces, paved areas and driveways.
4.
The plan shall show an adequate method of irrigating all planted areas. Irrigation may be by a permanent watering system or by hose.
C.
Approval upon final inspection under a building permit shall not be given until the approved planting has been completed to the satisfaction of the Chief of Building and Zoning or his or her delegate.
(Ord. 3034, 1965; Ord. 3710, 1974; Ord. 4033 §7, 1980; Ord. 4851, 1994; Ord. 5380, 2005)
Where any existing parcel of land is reduced in size or lot dimensions below those required by this title by reason of the acquisition of a portion thereof along any perimeter of such parcel for any public purpose by any public agency, such parcel as so reduced shall be considered as conforming to the provisions of this title as a legal lot. In such case, minimum lot area and lot dimensions required by this title shall not apply. Lot area per dwelling unit requirements and all other provisions of this title shall apply. This section shall not apply to property acquired by a public agency as part of subdivision or lot split proceedings.
(Ord. 3040, 1965; Ord. 3710, 1974)
A.
Statement of legislative intent. This section is intended to require owners to provide buyers of residential property a Zoning Information Report that consists of City records pertaining to the authorized use, occupancy, and zoning of the property as contained in the City's street and planning files, and to provide owners with a convenient method of compiling and providing that information to buyers.
B. Agreement of Sale. Buyer. Owner. Residential Property. Zoning Information Report.
Definitions.
Any agreement or written instrument for the purchase or sale of residential property.
The person or entity that will acquire title to residential property pursuant to an agreement of sale.
Any person or entity, co-partnership, association, corporation or fiduciary having legal or equitable that will convey title or any interest in any residential property pursuant to an agreement of sale.
Any improved real property located in the City, designed or permitted to be used for any residential purpose, including all structures located on the real property.
The records contained in the street files and planning files for residential property maintained by the City's Community Development Department, excluding any plans.
C.
Report required.
1.
Disclosure of a Zoning Information Report. No later than seven days after entering into an agreement of sale of any residential property, the owner or owner's authorized representative shall provide to the buyer a Zoning Information Report. The owner may satisfy this requirement by providing a physical copy of the Zoning Information Report or by providing a web link to the Zoning Information Report, at owner's discretion. Upon request of the buyer, the owner may provide a physical copy of the Zoning Information Report in an electronic format.
2.
Obtaining a Zoning Information Report. An owner or an owner's authorized representative may obtain a Zoning Information Report by accessing the Zoning Information Report webpage on the Official City of Santa Barbara website. A physical copy or electronic copy of the Zoning Information Report may be requested by the owner by filing a request with the Community Development Department. If the request is for a physical copy, the owner or the owner's authorized representative must pay a reasonable fee not to exceed the actual cost of duplication. The Community Development Department will provide the Zoning Information Report within 10 business days from receipt of a request.
3.
Buyer's Obligation. A Zoning Information Report does not constitute a representation or warranty by the City. It is a buyer's obligation to review the report and take any necessary steps to interpret and understand the information contained therein. Buyer may, upon request, review, but not duplicate, archived building plans maintained by the Building Official.
4.
Contents of Zoning Information Report. The Zoning Information Report is a copy of the records in the street and planning files maintained by the Community Development Department as of the date that the report is made, or in the event of a web link search, as of the date it is accessed by the buyer. The files are subject to change, including the destruction of records as authorized pursuant to the City's record retention policy.
D.
Exemptions. The provisions of this section shall not apply to the following sales:
1.
The first sale of each separate residential building located in a subdivision where the final subdivision or parcel map has been approved and recorded in accordance with the Subdivision Map Act not more than two years prior to the first sale.
2.
The sale of any residential property on which a new home is under construction pursuant to a valid building permit.
3.
The sale of any residential property where the final building permit inspection on a new home was issued within three months of the date on which the owner entered into the agreement for the sale of a home to the buyer.
4.
The sale of a condominium unit.
E.
Effect of noncompliance. It is unlawful for any owner to consummate the transfer of title to any residential property without providing the buyer with a Zoning Information Report as required in this Section 28.87.220. The failure to comply with the provisions of this section shall not invalidate the transfer or conveyance of real property to a bona fide purchaser or encumbrancer for value.
(Ord. 3826, 1976; Ord. 3843, 1976; Ord. 3986, 1979; Ord. 4106, 1981; Ord. 4932, 1995; Ord. 5396, 2006; Ord. 5537, 2010; Ord. 5908, 2019)
Prior to issuance of a building permit, the development and construction plans shall be reviewed to determine consistency with the Zoning Ordinance. Application for a zoning plan check shall be accompanied by the fee in the amount established by resolution of the City Council.
(Ord. 3955 §4, 1978)
No new or expanded drive-through facility shall be permitted in any zone of the City. Existing financial institution drive-through facilities may be replaced in kind with automated teller machines as long as the number of drive-through lanes does not increase.
(Ord. 4001, 1979; Ord. 4837, 1993)
A.
Legislative Intent. The purpose of this section is to provide controls on development adjacent to the bed of Mission Creek within the City of Santa Barbara. These controls are necessary:
C.
Land Area Subject to Limitation. The limitations of this section shall apply to all land within the banks and located within 25 feet of the top of either bank of Mission Creek within the City of Santa Barbara.
"Top of bank" means the line formed by the intersection of the general plane of the sloping side of the watercourse with the general plane of the upper generally level ground along the watercourse; or, if the existing sloping side of the watercourse is steeper than the angle of repose (critical slope) of the soil or geologic structure involved, "top of bank" shall mean the intersection of a plane beginning at the toe of the bank and sloping at the angle of repose with the generally level ground along the watercourse. The angle of repose is assumed to be 1.5 (horizontal) : 1 (vertical) unless otherwise specified by a geologist or soils engineer with knowledge of the soil or geologic structure involved.
"Toe of bank" means the line formed by the intersection of the general plane of the sloping side of the watercourse with the general plane of the bed of the watercourse.
D.
Development Defined. Development, for the purposes of this section, shall include any building or structure requiring a building permit; the construction or placement of a fence, wall, retaining wall, steps, deck (wood, rock, or concrete), or walkway; any grading; or, the relocation or removal of stones or other surface which forms a natural creek channel.
E.
Approval Required. Prior to construction of a development in the area described in subsection C of this section, the property owner shall obtain approvals as follow:
1.
Any development subject to the requirement for a building permit shall be reviewed and approved by the Chief of Building and Zoning or the Planning Commission on appeal prior to the issuance of a building permit.
2.
Any development not requiring a building permit shall be reviewed and approved by the Chief of Building and Zoning or his or her designated representative or the Planning Commission on appeal. A description of the development shall be submitted showing the use of intended development, its location, size and manner of construction.
F.
Development Standards. No development in the area subject to this section shall be approved unless it is found that it will be consistent with the purposes set forth in subsection A of this section.
1.
The Chief of Building and Zoning or the Planning Commission on appeal shall consider the following in determining whether the development is consistent with subsection A:
a.
That the proposed new development will not significantly reduce existing floodways, re-align stream beds or otherwise adversely affect other properties by increasing stream velocities or depths, or by diverting the flow, and that the proposed new development will be reasonably safe from flow-related erosion and will not cause flow-related erosion hazards or otherwise aggravate existing flow-related erosion hazards.
b.
That proposed additions, alterations or improvements comply with paragraph 1.a above
c.
That proposed reconstruction of structures damaged by fire, flood or other calamities will comply with paragraph 1.a above, or be less nonconforming than the original structure and will not adversely affect other properties.
d.
The report, if any, of a qualified soils engineer or geologist and the recommendations of the Santa Barbara County Flood Control and Water Conservation District.
e.
After review of that report, whether denial of approval would cause severe hardship or prohibit the reasonable development and use of the property.
2.
The Chief of Building and Zoning, or the Planning Commission on appeal may consider the following factors as mitigating possible hazards which might otherwise result from such development:
a.
Where the development is located on a bank of the creek which is sufficiently higher than the opposite bank to place the development outside a flood hazard area.
b.
Where the creek bed adjacent to the development is sufficiently wide or the creek bank slope sufficiently gradual that the probability of flood hazard is reduced.
c.
Where approved erosion or flood control facilities or devices have been installed in the creek bed adjacent to the development.
d.
Where the ground level floor of the development is not used for human occupancy and has no solid walls.
e.
Where the development is set on pilings so that the first occupied floor lies above the 100-year flood level, and such pilings are designed to minimize turbulence.
3.
The Chief of Building and Zoning or the Planning Commission on appeal may allow development into required setbacks if he or she makes the finding that the encroachment would not be necessary except for the development controls required by this section and that the modification of the required setback is necessary to secure an appropriate improvement on a lot, to prevent unreasonable hardship or to promote uniformity of improvement.
G.
Procedures. The following procedures shall apply to developments in the area defined in subsection C:
1.
All applicants shall receive an environmental assessment.
2.
All applications shall be referred to the Santa Barbara County Flood Control and Water Conservation District and the City Public Works Department for review and comment.
3.
Upon completion of the above review and comment, the proposed development shall be reviewed by the Chief of Building and Zoning as provided in subsection E. The Chief of Building and Zoning shall give the applicant and any other person requesting to be heard, an opportunity to submit oral and/or written comments to him or her prior to his or her decision. The Chief of Building and Zoning shall send by mail notice of his or her decision to the applicant. The decision of the Chief of Building and Zoning shall be final unless appealed by the applicant or any interested person to the Planning Commission within 10 days by the filing of a written appeal with the Department of Community Development. The Department of Community Development shall schedule the matter for a hearing by the Planning Commission and shall mail the applicant and any interested person requesting notice written notice of the hearing 10 days before the hearing. The decision of the Planning Commission shall be final.
(Ord. 4056, 1980; Ord. 5459, 2008)
A.
Basic Height Limitation. Except as otherwise conditionally permitted herein, no radio, television or other antenna or mast or related screening shall be permitted if at the highest point the height above grade is more than 45 feet in any one-family or two-family residence zone, 55 feet in any multiple-family residence, office, restricted or limited commercial zone or 70 feet in any other commercial, commercial-manufacturing or limited manufacturing zone.
B.
Exceptions. Permitted exceptions to height limits:
1.
Amateur or Citizen's Band Antennas. Amateur or Citizen's Band transmitting or receiving antennas used in the Amateur Radio Service or the Citizen's Radio Service by licensed amateur or citizen's band radio operators may exceed the basic height limitation provided that:
a.
No antenna tower shall extend to a height above grade of more than 65 feet in any residential, office, restricted or limited commercial zone or 100 feet in any other commercial or manufacturing zone.
b.
No antenna support which is not a tower or part of a tower shall be installed and thereafter maintained whose height above grade is more than 45 feet unless such support is a part of an approved structure or a naturally existing object.
2.
Cellular Telephone and Emergency Service Antennas. A Cellular Telephone or Emergency Service Antenna and related screening may exceed the basic height limitation provided that it is placed on an existing building and the top of the antenna is no more than 15 feet above the highest point of the building.
(Ord. 4147, 1982; Ord. 4851, 1994; Ord. 4891, 1994)
Emergency Service antennas shall be a permitted use in all zones.
(Ord. 4891, 1994)
A.
Prohibition adjacent to residential zones. Except as provided in subsection B of this section, Automated Teller Machines (ATMs) shall not be installed, operated or maintained under the following circumstances:
B.
Nonconforming ATMs; amortization period. Any Automated Teller Machine existing on the effective date of the ordinance first enacting this section and which is located as described in subsection A above shall be either removed, or moved to a location that conforms to the provisions of subsection A within six years of the date of its original installation. During such six-year period, such ATM must also comply with the following conditions:
(Ord. 5072, 1998)
Notwithstanding any provisions of this title to the contrary, the annual retail sale of Christmas trees or Halloween pumpkins (holiday sales) is permitted in the C-P, C-2, C-M, M-1, and P-D zones subject to the following requirements:
A.
The person, firm, or organization conducting holiday sales shall first obtain a permit from the Community Development Department. The Community Development Department shall develop appropriate application requirements for holiday sales permits.
B.
No holiday sales permitted under this section shall be maintained or operated for more than six weeks.
C.
The space in which holiday sales are conducted shall not displace any parking spaces or loading areas required for other uses on the lot pursuant to this code.
D.
The operator of the holiday sales shall comply with all other applicable provisions of the Santa Barbara Municipal Code, including, but not limited to, the Sign Ordinance, the Outdoor Lighting Ordinance, applicable Building and Fire Codes, and any applicable design review of buildings or structures.
E.
The lot on which the holiday sales are conducted shall be restored to the condition in which it existed prior to the conduct of the holiday sales within one week following the respective holiday.
(Ord. 5459, 2008)
A.
Purpose. The purpose of this section is to reasonably regulate the cultivation of cannabis for personal use at a private residence, as authorized under Section 11362.2 of the California Health and Safety Code.
B. "Cannabis" "Cultivate" or "Cultivation" "Cultivation site" "Live plants" "Personal cultivation" "Private residence" "Family day care home"
Definitions. For the purpose of this section, the following words and phrases shall have the following meanings.
shall have the meaning set forth in Section 26001(f) of the California Business and Professions Code, Medicinal and Adult-Use Cannabis Regulation and Safety Act ("MAUCRSA"), as it was enrolled in June 2017 in S.B. 94, and as subsequently amended in September 2017 by A.B. 133.
means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.
means the location within or at the private residence where cannabis is cultivated.
means living cannabis flowers and plants, including seeds, immature plants, and vegetative stage plants.
means the cultivation of cannabis that is not performed in exchange for compensation, including barter, gifts, or promises.
means the single primary lawful dwelling unit of a person 21 years of age or older.
has the same meaning as in Section 1596.78 of the California Health and Safety Code.
C.
Indoor cannabis cultivation for personal use. It is unlawful for a person to cultivate cannabis indoors for personal use in any zone of the City unless all of the following conditions are met:
1.
The cultivation is done by a person 21 years of age or older;
2.
Cultivation is occurring inside his or her private residence, or inside an accessory structure to a private residence that is fully enclosed and secure;
3.
The cultivation site is secured within a locked space that is not visible from anywhere outside the private residence or accessory structure;
4.
The cultivation site is not accessible to persons who are under 21 years of age;
5.
The cultivation site must not produce odors, sounds, or other emissions that are noticeable from adjacent properties and may indicate marijuana cultivation; and
6.
A family day care home is not being operated at the private residence.
D.
Outdoor cultivation for personal use. It is unlawful for a person to cultivate cannabis outdoors for personal use in any zone of the City unless all of the following conditions are met.
1.
The cultivation is done by a person 21 years of age or older;
2.
Cultivation is occurring at his or her private residence;
3.
The private residence is a single-unit residential housing type;
4.
Cultivation occurs exclusively within an enclosed and secured outdoor area of the legal lot upon which the private residence is located, not including the front yard, or within 10 feet of the interior lot lines;
5.
No more than one live plant is being cultivated outdoors at any given time, whether or not the property contains an accessory dwelling unit;
6.
The cultivation site is not visible by normal unaided vision from a public place, public right-of-way, school providing instruction in kindergarten or any grades 1 through 12, day care center as defined in Health and Safety Code Section 1596.76, or youth center as defined by Health and Safety Code Section 11353.1;
7.
The live plant does not exceed eight feet in height; and
8.
A family day care home is not being operated at the private residence.
E.
Limitation on number of plants. It is unlawful to cultivate more than six living plants at a private residence or within its accessory dwelling structure and outdoor area at any one time, regardless of where the cultivation occurs upon the property.
F.
Nuisance. Nothing in this section shall be construed to permit the establishment or maintenance of any use which constitutes a public nuisance.
(Ord. 5733, 2016; Ord. 5816, 2017)
A.
Abandonment or non-use of approval. The validity of any action approving a permit or approval granted under this title shall terminate if: (1) a building permit for the use authorized by the approval is not issued within 24 months of granting the approval, unless an extension is granted by the Community Development Director, and the construction authorized by the permit diligently pursued to completion and issuance of a Certificate of Occupancy; or (2) the use authorized by the approval is discontinued, abandoned or unused for a period of six months following the earlier of: (a) issuance of a Certificate of Occupancy for the use, or (b) two years from granting the approval.
B.
Suspension of time during litigation. The period of time specified in subsection A above shall not include the period of time during which a lawsuit involving the permit or approvals is or was pending in a court of competent jurisdiction. After service of the initial petition or complaint in the lawsuit upon the City, the applicant may advise the City of the need for a litigation tolling pursuant to the City's adopted procedures.
C.
Revocations. Any permit or approval granted under this title may be revoked or revised for cause if any of the conditions or terms of the permit or approval are violated or if any applicable law or ordinance is violated, as determined by the Community Development Director. A decision to revoke or revise a permit or approval shall require public notice and hearing before the Planning Commission. The Planning Commission may revoke or revise a permit or approval if it makes any of the following findings:
1.
The approval was obtained by means of fraud or misrepresentation of a material fact by the applicant;
2.
The use, building, or structure has been substantially altered or expanded beyond what is set forth in the permit or approval or substantially changed in character in a manner that violates the terms of the permit or approval;
3.
There is or has been a documented violation of, or failure to observe the terms or conditions of, the permit or approval, or the use has been conducted in violation of the provisions of this title, or any applicable law or regulation; or
4.
The use to which the permit or approval applies has been conducted in a manner detrimental to the public safety, health or welfare, or so as to be a nuisance.
D.
Appeals. A decision of the Planning Commission to revoke a permit or other approval under this section may be appealed to the City Council pursuant to Chapter 1.30. In addition to the procedures specified in Chapter 1.30, notice of the public hearing before the City Council on an appeal from a decision of the Planning Commission regarding a decision of the Staff Hearing Officer shall be provided in the same manner as notice was provided for the hearing before the Planning Commission. At the time of filing an appeal, the appellant shall pay a fee in the amount established by resolution of the City Council.
(Ord. 4532, 1988; Ord. 5380, 2005; Ord. 5537, 2010; Ord. 6026 § 8, 2021)
A.
Timelines track longest land use approval. If a project requires multiple discretionary applications pursuant to Titles 22, 27 or 28 of this code, the expiration date of all discretionary approvals (i.e., such as Title 22 design review, Title 27 subdivision map approval, or Title 28 land use approvals) shall correspond with the longest expiration date specified by any of the land use discretionary applications (including any extensions that are granted for such approval and any applicable tolling or suspensions granted pursuant to this chapter), unless such extension would conflict with state or federal law. The expiration date of all approvals shall be measured from date of the final action of the City on the longest discretionary land use approval related to the application, unless otherwise specified by state or federal law.
B.
Exclusions of time. The periods of time specified in this section 28.87.370 shall not include any period of time during which either: (1) a moratorium ordinance on the issuance of building permits, imposed by the City after the project received project design approval, is or was in effect; or (2) a lawsuit involving the project design approval or the land use approvals for the project is or was pending in a court of competent jurisdiction. The maximum length of any exclusion of time under this subsection shall be five years. If the project requires the approval of a tentative subdivision or parcel map pursuant to Title 27 of this code, the length of any exclusion of time pursuant to this subsection shall be equal to the length of the exclusion approved by the local agency upon a request of the subdivider pursuant to Government Code Section 66452.6(c) and Section 27.07.110.F.
C.
Approvals run concurrently. When any City discretionary approval is extended by operation of this section, such approval shall run concurrently with, not consecutively to, the term of the longest discretionary land use approval for the project. If a building permit for the project has not been issued prior to the expiration of the longest discretionary land use approval for the project (including any extensions granted for that approval), all discretionary approvals for the project shall expire and become null and void upon the expiration of the longest discretionary land use approval. A design review approval shall not operate to extend a land use approval.
D.
Commencement of timing for approvals contingent upon action of other governmental bodies. When a discretionary approval by the City made pursuant to Titles 27 or 28 is contingent upon an action by another governmental body (i.e., for example, the approval of an annexation by the Local Agency Formation Commission or certification of an amendment to the Local Coastal Plan by the California Coastal Commission), the timeline for all discretionary approvals related to the project shall not commence until all such outside agency contingencies are satisfied. The suspension of project timelines allowed in this subsection shall not exceed two years from the date of the final City action on the discretionary approval that is contingent upon the action of another governmental body. This suspension shall not run consecutively to a moratorium or litigation exclusion unless the moratorium or litigation legally prevented the applicant from processing the application before the other governmental body.
(Ord. 5380, 2005; Ord. 5537, 2010)
When a provision of this code requires notice of a public hearing to be given pursuant to this section, said notice shall comply with the following provisions:
A.
Required manner of notice. Notice shall be given in each of the following ways:
1.
Notice of the hearing shall be sent by first class mail at least 10 calendar days prior to the hearing to the owner of the subject real property or the owner's duly authorized agent, and to the project applicant; and
2.
Notice of the hearing shall be sent by first class mail at least 10 calendar days prior to the hearing to all owners of real property as shown on the latest equalized assessment roll within 300 feet of the real property that is the subject of the hearing. If the number of owners to whom notice would be mailed pursuant to this paragraph is greater than 1,000, the City, in lieu of mailed notice, may provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the City at least 10 calendar days prior to the hearing; and
3.
Notice of the hearing shall be published once in a newspaper of general circulation within the City at least 10 calendar days prior to the hearing.
B.
Additional noticing methods. In addition to the required manners of notice specified in subsection A above, the City may also require notice of the hearing in any other manner it deems necessary or desirable, including, but not limited to, posted notice on the project site. However, the failure of any person or entity to receive notice given pursuant to these additional noticing methods shall not constitute grounds for any court to invalidate the actions of the City for which the notice was given.
C.
Content of notice. The notice shall include all of the following information:
D.
Request for notice. When a provision of this code requires notice of a public hearing to be given pursuant to this section, the notice shall also be mailed at least 10 days prior to the hearing to any person who has filed a written request for notice with either the City Clerk or with any other person designated to receive such requests. The City may charge a fee for providing this service as set by resolution of the City Council. Any request to receive such notice shall be renewed annually. The members of the Planning Commission shall receive notice of all public hearings scheduled before the Staff Hearing Officer.
E.
Continuances. Any public hearing noticed pursuant to this section may be continued to a time certain without further notice.
(Ord. 5380, 2005)
A.
Intent. The intent of this section is to provide incentives for the development of housing affordable to very-low income, low income, senior and other qualifying households. State law mandates the provision of density bonuses to senior, very-low, and low income households under certain circumstances. The City of Santa Barbara has created a separate density bonus program for certain other households. Both the State mandated and City created density bonus programs use terms defined in this section.
B. Density. Density Bonus.
Definitions. The following words and phrases have the meaning indicated unless the context or usage clearly requires a different meaning:
The number of residential units allowed on a parcel based on the lot area requirements specified in the zone and General Plan.
A density increase over the otherwise maximum allowable residential density under the applicable Zoning Ordinance and Land Use Element of the General Plan as of the date of application by the developer to the City.
C.
Projects which meet the criteria set forth in state density bonus law.
1.
Qualifying housing developments as defined in Government Code Section 65915. When a developer of housing agrees or proposes to construct at least:
a.
20% of the total units of a housing development for low income households; or
b.
10% of the total units of a housing development for very low income households; or
c.
50% of the total dwelling units of a housing development for senior citizens;
The applicant must submit the project for review by the Community Development Director or his/her designee to determine whether the project meets the criteria set forth in State density bonus law. If the Director determines that the project meets the criteria of State law, the project may be granted a density bonus and at least one other incentive as required by State law, and processed as required by State law unless otherwise requested by the applicant. The incentives and processing provisions required by State law are described in Government Code Section 65915. |
2.
Procedure for review of projects submitted under State density bonus law. A project which meets all the requirements of State law shall be processed according to the usual discretionary review procedure, subject to the following exceptions:
a.
Lot area modification. Notwithstanding any other section in this code, when a proposed project complies with all of the requirements of State density bonus law, and the density bonus requested is no more than the density bonus mandated by State law, the Community Development Director or his/her designee shall deem the project's density consistent with the Zoning Ordinance, and exempt from the requirement for a lot area modification as set forth in Section 28.92.110.
b.
Notice of Design Review Board hearing. When the Community Development Director determines that a proposed project meets all the requirements of State law and the requirements of the residential zoning category in which the project is proposed, and does not cause any unavoidable, significant, environmental impacts, and requires design review as its only City discretionary approval, the appropriate Design Review Board (Historic Landmarks Commission or Architectural Board of Review) will review the project. Notice of the meeting at which the project is considered by the Design Review Board will be provided in accordance with the requirements for noticing of public hearings in Municipal Code Section 28.92.060.
D.
Projects which do not meet the criteria set forth in state density bonus law.
1.
Qualifying Housing Developments. When a developer proposes a development which does not meet the criteria listed above and requests a density bonus, the Community Development Director or his/her designee will review the project for consistency with the criteria of the City's density bonus program, described in the City of Santa Barbara Affordable Housing Policies and Procedures Manual. If the proposed project is determined to be consistent with the criteria of the City's density bonus program, it will be approved or disapproved under the provisions of that program.
2.
Procedures for Approval of Projects Which Are Consistent With the City Density Bonus Program. A project which does not meet all the requirements of State law, but does meet the standards of the City density bonus program will be processed according to the discretionary review procedures in effect and applicable to the project.
(Ord. 4912, 1995; Ord. 5380, 2005)
A.
Affordable Housing Projects May Be Denied by the Planning Commission or City Council on Appeal. If at least 20% of a housing development's units are sold or rented to low income households, and the balance of the units are sold or rented to either low- or moderate-income households, it shall not be disapproved or conditioned in a manner which renders the project infeasible for development for the use of low- and moderate-income households unless the decision making body finds, based upon substantial evidence, one of the following, pursuant to California Government Code Section 65589.5:
1.
The project is not needed for the City to meet its share of the regional need of low and/or moderate income housing as outlined in the adopted Housing Element to the General Plan; or
2.
The project as proposed would have a specific, adverse impact upon the public health and safety, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the project unaffordable to low and/or moderate income households; or
3.
Denial of the project or imposition of conditions is required in order to comply with specific state or federal law, and there is no feasible method to comply without rendering the project unaffordable to low and/or moderate income households; or
4.
Approval of the project would increase the concentration of low income households in a neighborhood that already has a disproportionately high number of low income households and there is no feasible method of approving the development at a different site, including sites identified in the adopted Housing Element, without rendering the development unaffordable to low and/or moderate income households; or
5.
The project is proposed on land zoned for resource preservation which is surrounded on at least two sides by land being used for agricultural or resource preservation purposes, or which does not have adequate water or wastewater facilities to serve the project; or
6.
The project is inconsistent with the land use designation as outlined in the adopted General Plan or in any General Plan element as it existed on the date the application for the project was deemed complete.
B.
Findings. When a proposed housing development project complies with the applicable General Plan, Zoning and development policies in effect at the time that the housing development project's application is determined to be complete, but the local agency proposes to disapprove the project or to approve it upon the condition that the project be developed at a lower density, the local agency shall base its decision regarding the proposed housing development project upon written findings supported by substantial evidence in the record that both of the following conditions exist:
1.
The housing development project would have a specific, adverse impact upon the public health or safety unless the project is disapproved or approved upon the condition that the project be developed at a lower density, and
2.
There is no feasible method to satisfactorily mitigate or avoid the adverse impact identified pursuant to paragraph 1 above, other than the disapproval of the housing development project or the approval of the project upon the condition that it be developed at a lower density.
(Ord. 4912, 1995)