The following regulations shall apply to the granting of Performance
Standard Permits.
(Ord. 4858, 1994)
It is hereby declared that the uses permitted under this chapter
are relatively minor in nature but have unique features that make
it impractical to establish their suitability in a given location
prior to their proposal. Because of their nature, these uses warrant
individual consideration and review for which performance standards
specific to that use are applied. This chapter establishes a process
which allows for individual consideration and review of each project
and which requires public notice to neighbors and an opportunity for
a public hearing while providing an expedient and economical review
process consistent with the proposed degree of development.
(Ord. 4858, 1994)
Applications for Performance Standard Permits shall be made
to the Community Development Director in such form as approved by
the Community Development Director. The Community Development Director
may provide forms for such purposes and may prescribe the type of
information to be provided thereon, provided that such information
is reasonably related to meeting the requirements of this chapter.
No application shall be accepted unless it complies with such requirements.
(Ord. 4858, 1994)
Before accepting any application for filing pursuant to this
chapter, the City shall charge and collect the fees established by
resolution of the City Council.
(Ord. 4858, 1994)
A performance standard permit is granted subject to the following
procedures:
A.
The Staff Hearing Officer may grant a performance standard permit if the Staff Hearing Officer finds that the proposed use complies with all standards for the proposed use set forth in Section 28.93.030 and all requirements of the Zoning Ordinance, and may revoke a performance standard permit if compliance with any such standards and requirements is discontinued.
(Ord. 4858, 1994; Ord. 5380, 2005)
The following use(s) may be permitted subject to the approval
of a Performance Standard Permit:
A.
State-licensed
Large Family Day Care Homes in the A, E, R-1, R-2, R-3, R-4 and PUD
zones and in the HRC-2 zone where residential uses are permitted provided
that the following performance standards are met:
1.
There
are no other State-licensed Large Family Day Care Homes within a 300
foot radius of the proposed Large Family Day Care Home measured from
the nearest property lines of the affected Large Family Day Care Homes.
A waiver from the 300-foot spacing requirement may be granted if it
can be found that certain physical conditions exist and if the waiver
would not result in significant effects on the public peace, health,
safety and comfort of the affected neighborhood. Examples of physical
conditions that may warrant granting of a waiver include intervening
topography that creates a barrier or separation between the facilities
such as hillsides or ravines, the presence of major nonresidential
uses or structures between facilities or the presence of a major roadway
between the facilities.
2.
The
City finds that adequate off-street area or on-street area in front
of the residence is available for passenger loading and unloading.
The passenger loading and unloading area shall be of adequate size
and configuration and shall allow unrestricted access to neighboring
properties.
3.
Outdoor
play shall be limited to the hours between 8:00 a.m. and 6:00 p.m.
4.
One
additional parking space for employee parking shall be provided unless
a finding is made that adequate on-street or off-street parking is
available to support the proposed use.
B.
Community
care facilities, residential care facilities for the elderly, and
hospices serving 7 to 12 individuals in the A, E, R-1, R-2, R-3, R-4,
and PUD zones and in the HRC-2 zone where residential uses are permitted,
provided that the following performance standards are met:
2.
The
facility conforms to the extent feasible to the type, character and
appearance of other residential units in the neighborhood in which
it is located. This provision shall in no way restrict the installation
of any special feature(s) necessary to serve disabled residents (e.g.,
ramps, lifts, handrails).
3.
The
intensity of use in terms of number of people, hours of major activities
and other operational aspects of the proposed facility is compatible
with any neighboring residential use.
C.
Public
works treatment and distribution facilities that are greater than
500 square feet and no more than 1,000 square feet in the R-3, R-4,
and P-R zones subject to the requirements of Section 28.37.010.B.,
and less restrictive zones, provided that the following performance
standards are met:
1.
The
setbacks of the proposed facilities from property and street lines
are of sufficient magnitude in view of the character of the land and
of the proposed development that significant detrimental impact on
surrounding residential properties is avoided.
2.
The
operation of the proposed facility is such that the character of the
area is not significantly altered or disturbed.
3.
The
design and operation of non-emergency outdoor security lighting and
equipment will not be a nuisance to the use of property in the area.
4.
Construction
(including preparation for construction work) is prohibited Monday
through Friday before 8:00 a.m. and after 5:00 p.m., and all day on
Saturdays, Sundays, and holidays observed by the City of Santa Barbara.
5.
If
construction work is necessary before 8:00 a.m. or after 5:00 p.m.,
Monday through Friday, it must be approved by the Chief Building Official.
If approved by the Chief Building Official, the applicant shall provide
written notice to all property owners and residents within 300 feet
of the project and the City Planning and Building Divisions at least
48 hours prior to commencement of any noise-generating construction
activity.
6.
The
project will incorporate standard dust control measures to minimize
air quality nuisances to surrounding properties.
D.
Rehabilitation
of existing water storage reservoirs or sludge basins in any zone,
that are owned and operated by the City, provided that the following
performance standards are met:
1.
That
the design and operation of non-emergency outdoor lighting and equipment
will not be a nuisance to the use of property in the area.
2.
Construction
(including preparation for construction work) is prohibited Monday
through Friday before 8:00 a.m. and after 5:00 p.m., and all day on
Saturdays, Sundays and holidays observed by the City of Santa Barbara.
3.
If
construction work is necessary before 8:00 a.m. or after 5:00 p.m.,
Monday through Friday, it must be approved by the Chief Building Official.
If approved by the Chief Building Official, the applicant shall provide
written notice to all property owners and residents within 300 feet
of the project and the City Planning and Building Divisions at least
48 hours prior to commencement of any noise-generating construction
activity.
4.
The
project will incorporate standard dust control measures to minimize
air quality nuisances to surrounding properties.
E.
Additional
dwelling units. Notwithstanding any other provisions of this title,
where a lot in an A-1, A-2, E-1, E-2, E-3, or R-1 Zone has an area
of more than the required lot area for that zone and adequate provisions
for ingress and egress, a Performance Standard Permit may be granted
by the Staff Hearing Officer for the construction of additional one-family
dwellings and allowable accessory buildings in these zones. However,
the minimum site area per dwelling unit in these zones shall be the
minimum lot area required for that zone, and the location of such
additional dwellings shall comply with the provisions of all other
applicable ordinances.
F.
Solar Energy Systems. In the case where the Building Official makes a finding, based on substantial evidence, that a solar energy system could have a specific, adverse impact upon the public health and safety (as defined in Chapter 22.91 of this code), the solar energy system shall not be issued a building permit until a Performance Standard Permit has been issued for the solar energy system.
1.
Conditions
of Approval. The Performance Standard Permit shall require the installation
or incorporation of measures or conditions necessary to minimize or
avoid the specific, adverse impact.
2.
Grounds
for Denial. The City shall not deny an application for a Performance
Standard Permit to install a solar energy system unless it makes written
findings based upon substantial evidence in the record that the proposed
installation would have a specific, adverse impact upon the public
health or safety, and there is no feasible method to satisfactorily
minimize or avoid the specific, adverse impact. If the applicant proposes
any potentially feasible alternatives for preventing the specific
adverse impact, the findings accompanying the denial of the Performance
Standard Permit shall include the basis for the rejection for potential
feasible alternatives of preventing the specific, adverse impact.
3.
Appeal.
The decision of the Staff Hearing Officer to deny an application for
a Performance Standard Permit is appealable according to the following
procedures:
a.
Who May Appeal. The decision of the Staff Hearing Officer may be
appealed to the Planning Commission by the applicant. No other persons
can appeal.
b.
Timing for Appeal. The applicant may appeal a decision of the Staff
Hearing Officer by filing an appeal with the Community Development
Director no more than 10 calendar days following the decision. The
application shall include the grounds for appeal.
c.
Grounds for Appeal. The decision of the Staff Hearing Officer may
be appealed on the grounds that the stated findings to deny the permit
are not supported by substantial evidence.
d.
Scheduling an Appeal Hearing. The Community Development Department
shall assign a date for an appeal hearing before the Planning Commission
no earlier than 10 calendar days after the date on which the appeal
is filed with the Community Development Director. The appeal hearing
shall generally be held within 60 calendar days following the filing
of the application for the hearing.
e.
Power to Act on the Decision at Appeal Hearing. The Planning Commission
may affirm, reverse, or modify the Staff Hearing Officer's decision
to deny a solar energy system in accordance with the following:
i.
A decision to affirm the decision of the Staff Hearing Officer shall
require a finding based on substantial evidence in the record that
the proposed solar energy system would have a specific, adverse impact
upon the public health and safety.
ii.
If the Planning Commission determines that there is not substantial
evidence that the solar energy system would have a specific adverse
impact upon the public health and safety, then the decision of the
Staff Hearing Officer shall be reversed and the project shall be approved.
iii.
If the Planning Commission determines that conditions of approval
would mitigate the specific adverse impact upon the public health
and safety, then the decision of the Staff Hearing Officer shall be
reversed and the project shall be conditionally approved. Any conditions
imposed shall mitigate at the lowest cost possible, which generally
means the permit condition shall not cause the project to exceed 10%
of the cost of the small rooftop solar energy system or decrease the
efficiency of the small rooftop solar energy system by an amount exceeding
10%.
f.
The decision of the City Planning Commission is final.
(Ord. 4858, 1994; Ord. 5380, 2005; Ord. 5713, 2015)
