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.
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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.
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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.
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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.
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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.
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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.
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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;
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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.
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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)
