City of Santa Barbara, CA Chapter 30.140 GENERAL SITE REGULATIONS

§ 30.140.010 Purpose and Applicability.

The purpose of this chapter is to prescribe development and site regulations that apply, except where specifically stated, to development in all zones. These standards shall be used in conjunction with the standards for each zone established in Division II, Zone Regulations. In any case of conflict, the more restrictive standards shall apply.

§ 30.140.020 Accessory Buildings.

A. Applicability. The provisions of this section apply to all attached and detached covered parking, and all other detached accessory buildings and structures having a solid roof supported by columns or walls located on lots developed with Residential, Agriculture, Community Garden, or Market Garden uses. Attached accessory buildings consistent with Section 30.140.030, Building Attachment, are not subject to this section, and are considered part of the main building subject to all of the standards and regulations of the main building.

B. Types of Accessory Buildings. Accessory buildings are defined in Chapter 30.300, Definitions, and may include, but are not limited to, non-livable buildings used as garages, carports, workshops, barns, greenhouses, agricultural buildings, pens, stables, sheds, and storage rooms; and livable floor area such as detached Accessory Dwelling Units, bedrooms, playrooms, or guestrooms.

C. Residential Units in Accessory Buildings. The unauthorized use of accessory buildings for residential purposes is prohibited. Unauthorized or unpermitted Residential Building Elements listed in subsection 30.140.150.E, Determination of Residential Unit, shall not be installed in an accessory building without first obtaining all required City approvals and permits. Bathing facilities, or more than one sink, or a kitchen are prohibited unless approved as a residential unit, or an accessory dwelling unit, or pursuant to subsection D, Additional Residential Building Elements, below, and a Performance Standard Permit, Chapter 30.255.

D. Additional Residential Building Elements. The additional residential building elements that may be considered for a Performance Standard Permit, are limited to those which in the determination of the Community Development Director would not result in separate residential occupancy. The Performance Standard Permit shall include a Recorded Agreement providing for the automatic expiration of limited term approvals, or rescission of the permit or approval, if the City determines there is evidence of separate residential occupancy.

E. Relation to Existing Structures. Accessory buildings and structures may only be constructed on a lot on which there is a permitted main building or land use to which the accessory building is related, with the exception of accessory buildings and structures used for Agriculture, Community Garden, or Market Garden uses, pursuant to Section 30.185.070, Agriculture, and Section 30.185.130, Community and Market Gardens.

F. Setbacks. Accessory buildings and structures shall comply with the minimum setback requirements of the zone except as allowed by Section 30.140.090, Encroachments into Setbacks and Open Yards. Accessory buildings used for the care and keeping of animals shall be subject to the distance limitations in Title 6 of the Santa Barbara Municipal Code.

G. Maximum Height. Accessory buildings or structures shall not exceed two stories and 30 feet in height.

H. Front Yard Limitation. Detached accessory buildings, except covered parking or a building used exclusively as an Accessory Dwelling Unit approved under Section 30.185.040, are prohibited in a front yard.

I. Design Review Required. Design review approval by the appropriate Design Review body pursuant to Title 22 of the Santa Barbara Municipal Code shall be required for any new building, additions, or other exterior alterations to an existing accessory building, when any of the following apply:

1. The aggregate floor area of all detached accessory buildings on the lot is greater than 500 square feet; or

2. The cumulative total of all buildings, or portions of buildings, on the lot providing covered parking, result in three or more covered parking spaces on the lot.

Exception for Accessory Dwelling Units. Design review approval under this subsection is not required for any portion of an accessory building proposed for use as an Accessory Dwelling Unit approved under Section 30.185.040, Accessory Dwelling Units.

J. Maximum Floor Area. The provisions of this subsection shall apply to all development located in single unit zones; or in all zones, on lots developed with a single residential unit, Agriculture pursuant to Section 30.185.070, or Community and Market Gardens pursuant to Section 30.185.130. The maximum floor area for attached or detached covered parking and other detached accessory buildings is as follows:

1. Maximum Total Square Footage Per Lot.

a. Lots less than 5,000 square feet: 1,000 square feet

b. Lots 5,000 square feet up to 9,999 square feet: 1,300 square feet

c. Lots 10,000 square feet up to 14,999 square feet: 1,500 square feet

d. Lots 15,000 square feet up to 19,999 square feet: 1,750 square feet

e. Lots 20,000 square feet or larger: 1,950 square feet

2. Covered Parking. Other than to permit the construction of an Accessory Dwelling Unit pursuant to Section 30.185.040, detached accessory buildings in excess of 500 square feet shall not be permitted unless the total amount of required covered parking is provided per Chapter 30.175, Parking Regulations.

3. Maximum in a Single Building. The maximum floor area in any single detached building shall not exceed 1,250 square feet. The floor area of an Accessory Dwelling Unit attached to or constructed above a new or existing covered parking structure shall not be included in the calculation of floor area pursuant to this subsection.

4. Maximum Livable Floor Area. The maximum cumulative detached livable floor area in accessory buildings per lot, excluding the livable floor area of a permitted Accessory Dwelling Unit, shall not exceed 500 square feet.

(Ord. 5834, 2018; Ord. 6047 § 4, 2021)

§ 30.140.030 Building Attachment.

A. Applicability. The provisions of this section apply to all buildings and structures having a solid roof supported by columns or walls. If a building or roofed structure or portion of a building or roofed structure, does not meet the minimum connection standards of Subsection 30.140.030.B, Required Minimum Connection, below, the building or roofed structure, or portion of a building or roofed structure, shall be subject to all of the standards and limitations for separate main or accessory buildings in this Title.

B. Required Minimum Connection. Buildings or roofed structures shall be considered attached when the structures meet the following minimum connection standards.

1. Enclosed Buildings. Enclosed buildings shall be considered attached when the buildings share a minimum of eight feet by eight feet of common building wall, or floor to ceiling connection; or share a minimum of seven feet by seven feet of interior connection, such as a hallway or room.

2. Unenclosed Structures. Unenclosed roofed structures such as carports, patio covers, or similar, shall be considered attached when they share a solid roof connection with a minimum dimension of eight feet. An unenclosed structure, such as a breezeway, shall not be used to attach enclosed buildings.

FIGURE 30.140.030: BUILDING ATTACHMENT

§ 30.140.040 Development Adjacent to Unincorporated Lots.

Where development is subject to limitations based upon the adjacent lot, and the adjacent lot is located outside the City of Santa Barbara City Limit, the adjacent lot shall be regarded as within the City of Santa Barbara in a zone most similar in terms of allowed uses or maximum residential density to the lot's zoning in the subject jurisdiction, as determined by the Community Development Director.

§ 30.140.050 Development Along Mission Creek.

A. Purpose. 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:

1. To prevent undue damage or destruction of developments by flood waters;

2. To prevent development on one parcel from causing undue detrimental impact on adjacent or downstream properties in the event of flood waters; and

3. To protect the public health, safety and welfare.

B. Applicability. No person may construct, build, or place a development within the area described in Subsection 30.140.050.C, Development Limitation Area, unless said development has been previously approved as provided in Subsection 30.140.050.E, Approval Required. The development must also comply with the City of Santa Barbara's adopted Floodplain Management regulations.

C. Development Limitation Area. The limitations of this section shall apply to all land within the area of the Mission Creek watercourse pursuant to Section 30.15.040, Determining Area of a Watercourse, and all land located within 25 feet of the top of either bank of Mission Creek within the City of Santa Barbara.

D. Development Defined. Development, for the purposes of this section, shall include any 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 30.140.050.C, Development Limitation Area, 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 Community Development Director 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 Community Development Director, 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 30.140.050.A, Purpose.

1. The Community Development Director, or the Planning Commission on appeal, shall consider the following in determining whether the development is consistent with Subsection 30.140.050.A, Purpose:

a. That the proposed new development, additions, alterations, and improvements, will not significantly reduce existing floodways, realign 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 reconstruction of structures damaged by fire, flood or other calamities will comply with Subparagraph 1.a above, or be less nonconforming than the original structure and will not adversely affect other properties.

c. 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.

d. Whether denial of approval would cause severe hardship or prohibit the reasonable development and use of the property.

2. The Community Development Director, 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 Staff Hearing Officer, or the Planning Commission on appeal, may grant a Modification to required Open Yards or setbacks required by the applicable zone, pursuant to Chapter 30.250, Modifications, in order to enable a structure to comply with the Development Limitation Area in Subsection 30.140.050.C, or to be relocated to a safer or more appropriate location on the lot.

G. Procedures. The following procedures shall apply to developments in the area defined in Subsection 30.140.050.C, Development Limitation Area:

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 Parks and Recreation Department Creeks Division for review and comment.

3. Upon completion of the above review and comment, the proposed development shall be reviewed by the Community Development Director as provided in Subsection 30.140.050.E, Approval Required. The Community Development Director shall give the applicant and any other person requesting to be heard, an opportunity to submit oral or written comments prior to a decision. The Community Development Director shall send by mail notice of the decision to the applicant. The decision of the Community Development Director 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 Community Development Department. The Community Development Department shall schedule the matter for a noticed public hearing by the Planning Commission pursuant to 30.205, Common Procedures. The decision of the Planning Commission shall be final.

§ 30.140.060 Development on Lots Divided by Zone Boundaries.

A. Generally. Where a lot is divided by a zone boundary, the regulations applicable to each zone shall be applied to the area within the zone, and no use, other than parking serving a principal use on the site, shall be located in a zone in which it is not an allowed use.

B. Accessory Facilities. Accessory landscaping, fences, screening or retaining walls, and usable open space may be located on the lot without regard for zone boundaries but must comply with the standards of the applicable zone.

C. Density. The maximum density allowed, if any, shall be calculated according to the lot area within each zone and the corresponding allowable density for that zone, and distributed as follows:

1. Residential Single Unit Zones. Up to the allowable density for the Residential Single Unit portion of the site may be located on the area of the lot in the Residential Single Unit Zone. If the lot is divided by multiple RS Zone designations, then the allowed density is one unit per lot.

2. Other Zones. The resulting maximum permitted number of units may be distributed on the lot without regard for zone boundaries, as long as all portions of the project comply with the development standards of the zone in which they are located and all other provisions of this section.

§ 30.140.070 Development on Substandard Lots.

A. Any lot or parcel of land that was legally created may be used as a building site even when consisting of less area or lot dimensions than that required by the regulations for the zone in which it is located. Lot area per residential unit requirements and all other provisions of this Title shall apply. No substandard lot shall be subdivided or further reduced in area or dimensions unless required for a public purpose by a public agency or unless granted a Modification pursuant to Chapter 30.250, Modifications.

B. Where any existing parcel of land is reduced in size or lot dimensions below those required by this Title by reason of the acquisition or dedication 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. This section shall not apply to property acquired by a public agency as part of a subdivision of more than one lot:

1. Minimum lot area and street frontage required by this Title shall not apply.

2. In applying residential density requirements, the area of such lot shall be considered as that which existed immediately prior to such acquisition or dedication.

3. All setbacks and other development standards shall be measured and calculated from the resulting lot line created by said acquisition or dedication.

§ 30.140.080 Discontinuation of Use.

A. Nonresidential Use. A use shall be considered discontinued when the use ceases for a period of 12 consecutive months and evidence that the use has been discontinued occurs. The 12-month limitation may be extended to a maximum of 24 additional months at the Community Development Director's sole discretion if due diligence in obtaining permits has been demonstrated. Elements to be considered in determining whether a use has been discontinued include, but are not limited to, any combination of the following:

1. Site is vacated;

2. Business license or other required license lapse;

3. Building is closed for business;

4. There are no persons, materials, equipment, or products occupying the buildings, structures, or site;

5. Utilities are terminated; or

6. Lease is terminated.

B. Residential Use. A legal residential use shall not be considered discontinued, regardless of the length of time of nonuse.

§ 30.140.090 Encroachments into Setbacks and Open Yards.

A. Applicability. Required setback and open yard areas shall be open, unenclosed, and unobstructed by structures from the ground upward, except as provided in this section. The provisions of this section do not apply to Development Along Mission Creek, pursuant to Section 30.140.050, Street Widening Setbacks, pursuant to Section 30.140.190, or public utility easements which are to remain unobstructed.

B. Limitations. The following limitations shall apply to all allowed encroachments:

1. Encroachments shall not provide floor area within a building or structure;

2. Structures constructed below grade, or less than 10 inches above existing grade, are not considered an encroachment;

3. Enclosures for any encroachment are subject to the same setback and distance requirements as the encroachment.

4. Encroachments up to the maximum allowed by this section may be made in both conforming and nonconforming setbacks and open yards, provided the minimum distance to the property line is met; and

5. Encroachments are subject to the applicable requirements of the Building Code.

C. General Encroachments. The following may encroach into both setbacks and open yards, subject to the specified standards:

1. Architectural Projections. A cantilevered architectural building projection, such as awnings, cornices, eaves, and canopies, located at least 30 inches above adjacent grade and at least 18 inches above finish floor, may encroach up to three feet into any setback or open yard, but shall be no closer than two feet to any property line and shall have a minimum of seven feet vertical clearance below. Rain gutters may encroach an additional six inches beyond the roof eave.

2. Balconies and Upper Story Decks. An uncovered balcony or upper story deck may encroach up to three feet into a front setback or open yard, but shall be no closer than two feet to any property line and subject to the following:

a. Size. The overall size of each balcony or upper story deck shall be limited to a maximum of six feet deep and 16 feet wide, excluding railings.

b. Ground Supports. No new ground supports for the balcony or upper story deck may be located in the setback or open yard.

c. Vertical Clearance. The cantilevered portion of the balcony or upper story deck shall have a minimum vertical clearance of seven feet.

d. Uncovered. A balcony or upper story deck shall be uncovered by any structure other than an awning. However, a balcony or upper story deck may be placed above another balcony or upper story deck if there are no horizontal connections of any kind between balconies and upper story decks except the wall from which the balconies and upper story decks are cantilevered.

e. Guardrails. The guardrails on balconies and decks shall not exceed the minimum height required by the Building Code, and the design of the guardrail shall be at least 50% transparent or see through (consisting of open spaces with bars, balusters, railings, or similar). Decorative elements on balconies or decks that exceed the height limitation or guardrails that are less than 50% transparent may be approved by the appropriate Design Review body on a case-by-case basis to achieve consistency with the architectural style of the site.

FIGURE 30.140.090.C.2: BALCONY AND UPPER STORY DECK ENCROACHMENTS

3. Bay Windows. A bay window, or similar protruding window construction, with a sill located at least 30 inches above adjacent grade and at least 18 inches above finish floor, may encroach up to three feet into a front setback or open yard, except private open yard, but shall be no closer than two feet to any property line.

FIGURE 30.140.090.C.3: BAY WINDOW ENCROACHMENTS

4. Chimneys. A chimney serving the interior of a building may encroach up to three feet into any setback or open yard, except private open yard, but shall be no closer than two feet to any property line. Freestanding chimneys shall not encroach into setbacks but may be allowed in Open Yard pursuant to Subsection 30.140.090.E, Open Yard Encroachments.

5. Fences and Hedges. Fences and hedges may encroach into any setback or open yard, pursuant to the standards in Section 30.140.110, Fences and Hedges.

6. Landings and Outside Steps. Unenclosed landings and outside steps uncovered by any structure other than an awning or roof eave, serving the first floor of a building, in the minimum size required by the Building Code, may encroach up to three feet into any setback or open yard, except private open yard, but shall be no closer than two feet to any property line.

FIGURE 30.140.090.C.6: LANDINGS AND OUTSIDE STEPS ENCROACHMENTS

7. Mechanical and Other Equipment. See Section 30.140.130, Mechanical and Other Equipment.

8. Planter Beds. Planter beds consisting of low walls and earth for the purpose of providing landscaping and gardening areas, no more than 42 inches in height above existing grade, may encroach into any setback and open yard.

9. Rain Barrels and Cisterns. Rain barrels and cisterns with a maximum cumulative capacity of 1,000 gallons per lot line, or other similar storm water management equipment, may encroach up to three feet into any setback or open yard, except private open yard, but shall be no closer than two feet to any property line, subject to the following:

a. Height. Rain barrels and cisterns shall not exceed a maximum height of six feet.

b. Number. Maximum two per setback or open yard area.

c. Screening. Rain barrels and cisterns shall be hidden from view or screened, pursuant to Section 30.15.120, Screening.

d. Maintenance. Rain barrels and cisterns shall be maintained in good condition and shall be utilized regularly to prevent accumulation of material which attracts mosquitoes or other vectors. Rain barrels and cisterns shall not create a nuisance, hazard, or other objectionable condition, pursuant to Chapter 30.180, Performance Standards.

10. Swimming Pools and Spas. See Section 30.140.210, Swimming Pools, Spas, and Similar Uses.

11. Trellis. One small overhead structure per lot line, such as an arbor, arch, trellis, or pergola, not exceeding nine feet in height and 18 square feet in area, may encroach into any setback or open yard.

FIGURE 30.140.090.C.11: TRELLIS ENCROACHMENTS

12. Waste and Recycling Enclosures. See Section 30.140.240, Waste, Recycling, and Outdoor Storage.

D. Setback Encroachments. The following may encroach into front and interior setbacks, subject to the standards of this section:

1. Accessibility Improvements. Accessible uncovered parking spaces and associated access aisles, and components of an accessible route (sloped walk ways and ramps/landings/guard rails), may encroach into any setback, as follows:

a. Configuration. The accessibility improvement is designed and provided for persons with disabilities as required by the Building Code, on existing multi-unit residential, mixed-use, or nonresidential development.

b. Existing Development. This allowance is applicable to existing development only and shall not apply to new or reconstructed structures, additions, or substantial redevelopment where the proposed project can provide a reasonable accommodation.

c. Minimum Size. The accessibility improvement is the minimum size required by the Building Code.

d. Modifications. If the accessibility improvement does not meet these criteria, a Modification for reasonable accommodations will be made, if found to be consistent with the Americans with Disabilities Act; see Chapter 30.250, Modifications.

2. Decks, First Story. One residential uncovered deck per lot, including landings and stairs serving the deck, no more than 18 inches in height above existing grade, may encroach up to three feet into any interior setback, but shall be no closer than two feet to any property line provided:

a. Minor Zoning Exception Required. A Minor Zoning Exception is approved by the appropriate Design Review body pursuant to Chapter 30.245, Minor Zoning Exception.

3. Electric Vehicle Supply Equipment (EVSE). See Section 30.175.030.Q, Electric Vehicle Charging Stations.

4. Outdoor Furniture. Ground signs and outdoor furniture for nonresidential uses, consisting of items not permanently affixed to the ground, such as tables, chairs, umbrellas, space heaters, sculptures, and potted plants, may encroach into any nonresidential front setback provided that the encroachments are not located in an open yard or any setback required for exclusively residential structures.

5. Yard Ornaments. Yard amenities such as mailboxes, flag poles, fountains, bird baths, benches, sculptures, and other practical or decorative freestanding yard elements accessory and complimentary to the primary use of the development, may encroach into any front setback, as follows:

a. Prohibited Items. Yard Ornaments shall not include any roofed or overhead structures, enclosed structures, barbecues, loose rubbish, garbage, junk, items that create a nuisance, or any of the prohibited items from Section 30.140.240, Waste, Recycling and Outdoor Storage, or any of the items identified in this section as either limited or not allowed in the front setback.

b. Maximum Area. Residential front yard amenities are limited to a cumulative total of 50 square feet or one percent of the total combined front setback area, whichever is greater.

6. Porches and Outside Steps. Covered front porches and outside steps, serving the first floor of a residential main building, and unenclosed except for the wall of the main building, may encroach into the front and interior setbacks, as follows:

a. Size. Porches shall be limited to a maximum of 16 feet wide and six feet deep exclusive of handrails, guardrails, wing walls and associated uncovered steps.

b. Number. One porch is allowed per residential unit, provided the porch serves as the front entry of the unit.

c. Interior Setback. Porches may encroach into the interior setback the same distance as an existing residence, provided that the porch faces the street, and no portion of the porch, except the uncovered steps, is closer than two feet to the interior property line.

d. Front Setback. Porches may encroach a maximum three feet into the front setback for all new buildings, and six feet into the front setback for all buildings constructed prior to the effective date of this Title, provided the porch faces the street and no portion of the porch, except the uncovered steps, is closer than five feet to any front lot line.

e. Design Review. Approval Required The porch must be compatible with the architecture of the building and the development pattern of the neighborhood, as determined by the appropriate Design Review body.

FIGURE 30.140.090.D.6: PORCHES AND OUTSIDE STEP ENCROACHMENTS

7. Sheds. A detached accessory building may encroach into the interior setback if the building is:

a. Not more than 120 square feet; and

b. Not livable space; and

c. 10 feet or less in height; and

d. Constructed prior to August 1, 1975; and

e. Located outside of the front yard or required open yard.

8. Solar Energy Systems. Solar energy systems, as defined in subsection (a) of Civil Code Section 801.5. may encroach as follows:

a. Ground Mounted Equipment.

i. Front Setback. Ground mounted equipment no higher than 30 inches above existing grade may encroach up to three feet.

ii. Interior Setback. Ground mounted equipment no higher than six feet above existing grade may encroach up to three feet.

b. Roof Mounted Equipment. Roof mounted equipment may encroach up to three feet into any setback provided it is no higher than five feet above the highest point of the roof and does not exceed the maximum height limitation of the applicable zone. However, roof mounted equipment may encroach the same amount as the existing roof eave if installed roughly parallel to, and no higher than 10 inches above the roof (measured from the top of the roof perpendicularly to the highest point of the solar energy system).

FIGURE 30.140.090.D.8: ROOF MOUNTED SOLAR ENERGY EQUIPMENT ENCROACHMENT

E. Open Yard Encroachments. The following may encroach into the open yard, subject to the standards of this section:

1. Outdoor Amenities. Amenities intended for outdoor enjoyment of the required open yard area such as patio covers and other attached or detached unenclosed structures, upper story decks, gazebos, hot tubs, fountains, barbecues, outdoor fireplaces, above-grade pools, large trellises and arbors, and play equipment, may encroach into the open yard, as follows:

a. Vertical Clearance. The vertical clearance under any patio cover or similar overhead structure shall be seven feet or more; and

b. Maximum Area. Encroachments shall not exceed 20% of any individual open yard area, or a cumulative total of 20% of the total required open yard area, with the exception of Covered Private Open Yards, below.

2. Covered Private Open Yards. Private open yards may be covered by roof overhangs, patio covers, the floor above, or other similar architectural or buildings projections, either cantilevered or supported from below with columns or walls, provided that the vertical supports do not reduce the minimum area and dimensions of the open yard, the vertical clearance is seven feet or more, and the private open yard is substantially unenclosed on at least one side.

FIGURE 30.140.090: ENCROACHMENTS

§ 30.140.100 Exceptions to Height Limitations.

A. Architectural Elements. Architectural elements that do not add floor area to a structure, such as chimneys, vents, antennae, open trellises, rooftop equipment and associated screening, solar panels, roof decks that do not exceed 10 inches in height above the roof, guard rails for roof decks, and towers including stairway or elevator towers with minimum landings for egress are not considered a part of the height of a structure, but all portions of the roof and roof parapet are included.

B. Community Benefit and Community Benefit Housing Projects. In the C-G, M-C, M-I, and CO-MI zones, up to 60 feet in height may be allowed for projects that qualify as a Community Benefit Project or a Community Benefit Housing Project in accordance with the following.

1. Required Findings. A Community Benefit Project or a Community Benefit Housing Project may only be approved if the following findings are made in addition to any other findings required by this Title.

a. Demonstrated Need. The applicant has adequately demonstrated a need for the project to exceed 45 feet in height that is related to the project's benefit to the community, or due to site constraints, or in order to achieve desired architectural qualities;

b. Architecture and Design. The project will be exemplary in its design;

c. Livability. If the project includes residential units, the project will provide amenities to its residents which ensure the livability of the project with particular attention to good interior design features such as the amount of light and air, or ceiling plate heights; and

d. Sensitivity to Context. The project design will complement the setting and the character of the neighboring properties with sensitivity to any adjacent federal, state, and City Landmarks or any nearby designated Historic Resources, including City-designated Structures of Merit.

2. Procedure.

a. Conceptual Design Review Prior to the Planning Commission considering an application for a height exception pursuant to this section, a project shall receive conceptual design review by the appropriate Design Review body as required by Title 22 of the Santa Barbara Municipal Code.

b. Planning Commission Consideration of Findings

i. Design Review Projects. If a project only requires design review by the Historic Landmarks Commission or the Architectural Board of Review under Title 22 of the Santa Barbara Municipal Code, the Planning Commission shall review and consider the building height findings of this section after conceptual design review and before consideration of the project by the Historic Landmarks Commission or the Architectural Board of Review for Project Design approval.

ii. Staff Hearing Officer Projects. If a project requires the review and approval of a permit by the Staff Hearing Officer, the Planning Commission shall review and consider the building height findings after conceptual design review pursuant to Title 22 of the Santa Barbara Municipal Code, but before the preparation of a full application for the consideration of the permit by the Staff Hearing Officer.

iii. Planning Commission Projects. If a project requires the review and approval of a permit by the Planning Commission, the Planning Commission shall review and consider the building height findings after conceptual design review pursuant to Title 22 of the Santa Barbara Municipal Code, but before the Development Application Review Team (DART) submittal and before the consideration of the land use approval by the Planning Commission.

§ 30.140.110 Fences and Hedges.

A. School Fencing. A chain link or open mesh type fence of any height necessary to enclose a Day Care Center or School may be located and maintained in any required yard.

B. 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 or hedge closer than three feet of any lot line. Sharp wire or points shall not project at the top of any fence less than six feet in height.

C. Visibility. Notwithstanding other provisions of this section, all existing and proposed fences and hedges must comply with Section 30.140.230, Visibility at Driveways and Intersections.

D. Protection of Solar Access. All proposed fences and hedges must comply with the height limitation applicable to structures for the protection of solar access as specified in Section 30.140.170, Solar Access Height Limitations.

E. Residential Zones. The following standards apply to fences and hedges located within Residential Zones.

1. Height Limitations for Fences and Hedges.

a. Hedges Within Required Front and Interior Setbacks. Eight feet.

b. Fences Within Required Front and Interior Setbacks. Eight feet, except fences closer than 10 feet of a front lot line shall not exceed a height of 42 inches.

c. Combination of Fence and Hedge Within Required Front and Interior Setbacks. In situations where a hedge is located within five feet of a conforming or nonconforming fence, the overall combined height of the fence and hedge may not exceed the maximum allowed height of a hedge for that location.

2. Additional Fence and Hedge Height Allowances.

a. Minor Zoning Exception. Additional fence and hedge height allowance, as specified below, may be approved by the appropriate Design Review body pursuant to Chapter 30.245, Minor Zoning Exceptions, upon making the finding required in Subsection 30.140.110.F, Required Finding for Fence and Hedge Minor Zoning Exceptions, in addition to the findings required pursuant to Chapter 30.245, Minor Zoning Exceptions:

i. Fences Within Front and Interior Setbacks. Four feet.

ii. Hedges Within Front Setbacks. Four feet.

iii. Hedges Within Interior Setbacks. Six feet.

b. Modification. Additional exceptions may be granted pursuant to Section 30.250, Modifications.

c. Fences and Hedges Adjacent to a Street with a Higher Elevation. If a fence or hedge is located adjacent to a street where the elevation of the street is higher than the elevation of the subject property, the Community Development Director may allow the height of the fence or hedge to be measured from the elevation of the right-of-way surface nearest to the fence or hedge, subject to the same height limitations and permit requirements listed in subsection E, above, and provided that the overall height of the fence or hedge does not exceed the maximum height for a structure in the zone.

FIGURE 30.140.110.D: FENCE AND HEDGE HEIGHT LIMITATIONS

3. Guardrails. A guardrail may extend above the maximum height limit for a fence without requiring a Minor Zoning Exception or Modification, only if it meets all of the following conditions:

a. The guardrail height shall not exceed the minimum height required by the Building Code; and

b. The design of the guardrail area shall be at least 50% transparent or see-through (consisting of open spaces with bars, balusters, railings, or similar).

i. Exception. Guardrails that are less than 50% transparent may be approved by the appropriate Design Review body on a case-by-case basis if necessary to achieve consistency with the architectural style of the site.

4. Decorative Elements.

a. Maximum Height. Decorative elements on fences not wider than nine inches by nine inches, such as pilaster caps, finials, posts, lighting fixtures, or similar decorative features, may exceed the maximum height by a maximum of 12 inches.

b. Spacing. Decorative elements on fences shall be spaced a minimum of six feet apart, measured on-center.

c. Minor Zoning Exception. Minor exceptions to the size and spacing requirements may be approved by the appropriate Design Review body pursuant to Chapter 30.245, Minor Zoning Exceptions, upon making the findings required in Subsection 30.140.110.F, Required Finding for Fence and Hedge Minor Zoning Exceptions, in addition to the findings required pursuant to Chapter 30.245, Minor Zoning Exceptions.

F. Required Finding for Fence and Hedge Minor Zoning Exceptions. The granting of such exception will not create or exacerbate an obstruction of the necessary sightlines for the safe operation of motor vehicles.

G. Relationship with the View Dispute Resolution Process. The fact that a hedge complies with the standards set forth in this section or the fact that a property owner has received a Minor Zoning Exception or Modification from the standards set forth in this section shall not preclude another property owner from alleging an unreasonable obstruction of a view and exercising the protections and procedures of the City's View Dispute Resolution Process.

§ 30.140.120 Location of Lot Lines.

The following standards shall apply to all newly created lots, subject to the discretion of the Review Authority:

A. Interior lot lines shall generally be perpendicular to the street on straight streets, or radial to the street on curved streets, unless another angle would provide better building orientation for solar exposure or more lot area to the south of the likely building site.

B. Lot lines shall be located within appropriate physical locations such as the top of creek banks, at appropriate topographical changes (top or bottom of slopes etc.) or at locations which clearly separate existing and proposed land uses. Lot lines shall not be configured to maximize development capacity at the cost of illogical lot patterns.

C. Lot lines shall be contiguous with existing zoning boundaries.

§ 30.140.130 Mechanical and Other Equipment.

Incidental accessory equipment, and associated screening or enclosures, attached to the outside wall or roof of a structure, or freestanding, such as water heaters, air conditioners, backflow preventers, pool equipment, air or water filters, electric meters, electric transformers, cable television or phone utility boxes, wires, conduits, wall mounted light fixtures, or similar, excluding any equipment identified in Section 30.140.090, Encroachments into Setbacks and Open Yards, are subject to the following standards:

A. Attached Equipment. Equipment attached to the outside wall of a structure, located at least 30 inches above adjacent grade, may encroach a maximum of three feet into any interior setback or open yard, but shall be no closer than two feet to any property line.

B. Roof-Mounted Equipment. Roof-mounted equipment shall be hidden from view or screened pursuant to Section 30.15.120, Screening.

C. Free-Standing Equipment.

1. Location. Freestanding equipment, and associated screening or enclosures, may be located within the front yard and may encroach into any setback or open yard, except private open yard, and as follows:

a. Residential Uses. On lots developed with residential uses only, freestanding equipment and enclosures shall be no closer than 10 feet to any front lot line, and no closer than five feet to any interior lot line adjacent to property zoned for residential use or developed with residential uses.

b. Nonresidential and Mixed-Use. On lots developed with nonresidential uses or mixed-use, freestanding equipment and enclosures shall be no closer than five feet to any front lot line, and no closer than five feet to any interior lot line adjacent to property zoned or developed with residential uses.

c. Maximum Area. Freestanding equipment and enclosures in the front yard or open yard is limited to a cumulative total of 50 square feet.

2. Screening. All freestanding equipment shall be hidden from view or screened, pursuant to Section 30.15.120, Screening.

D. Exceptions. Where an applicant can demonstrate to the satisfaction of the appropriate Design Review body that variations in the requirements of this section are warranted in order to provide relief for existing site constraints, or to achieve a superior aesthetic or environmental design, distance or screening may be reduced or waived by the Design Review body.

E. Noise. All mechanical equipment must meet the noise limitations of Santa Barbara Municipal Code, Title 9.

FIGURE 30.140.130: MECHANICAL AND OTHER EQUIPMENT

§ 30.140.140 Open Yards.

A. Purpose. Open yard areas are intended to promote desirable living conditions, a sense of openness on residential development, and to provide minimum useful space for outdoor living and enjoyment.

B. Applicability. Open yards as described in this section shall be required in all zones for all residential uses, unless otherwise provided in Chapter 30.185, Standards for Specific Uses and Activities.

C. Minimum Area and Dimensions. The minimum area and dimensions of required open yards shall be provided as follows:

1. Lots Developed with Single-Unit and Two-Unit Residential:

a. Minimum Area:

i. 800 square feet on lots less than 5,000 square feet.

ii. 1,250 square feet on lots 5,000 square feet or greater.

b. Minimum Dimensions: 20 feet long and 20 feet wide.

FIGURE 30.140.140.C.1: OPEN YARDS–SINGLE-UNIT AND TWO-UNIT RESIDENTIAL

2. 

Lots Developed with Multi-Unit Residential or Mixed-Use:

a. Minimum Area: 15% of the net lot area.

b. Minimum Dimensions: 10 feet long and 10 feet wide.

c. Private Open Yard. In addition to open yard area meeting the minimum area and minimum dimension requirements in subparagraphs a. and b. above, private open yard is required for each residential unit. private open yards located on grade, or on decks no more than 36 inches in height above the ground, may overlap with required open yard areas in subparagraphs a. and b. above.

i. Private Open Yard Located on the First Story:

(1) Minimum Area:

(a) Studio unit: 100 square feet

(b) 1 Bedroom unit: 120 square feet

(c) 2 Bedroom unit: 140 square feet

(d) 3 or more Bedroom unit: 160 square feet

(2) Minimum Dimensions: 10 feet long and 10 feet wide.

ii. Private Open Yard Located on a Second or Higher Story:

(1) Minimum Area:

(a) Studio unit: 60 square feet

(b) 1 Bedroom unit: 72 square feet

(c) 2 Bedroom unit: 84 square feet

(d) 3 or more Bedroom unit: 96 square feet

(2) Minimum Dimensions: Six feet long and six feet wide.

FIGURE 30.140.140.C.2: OPEN YARDS–MULTI-UNIT RESIDENTIAL AND MIXED-USE

D. Standards. The following standards shall apply to all required open yard areas:

1. Open. Required open yard areas shall be open, unenclosed, and unobstructed by structures from the ground upward, except as provided in Section 30.140.090, Encroachments into Setbacks and Open Yards. Required open yard, except private open yard, shall not be located under enclosed floor area.

2. Availability. All open yard areas, except private open yards required by 30.140.140.C.2.c above, shall be made available to all residents on-site as either communal areas or private areas. Each residential unit shall have access to at least one open yard area that meets the minimum dimension requirement. Open yard divided into private areas shall be contiguous to and accessible from the residential unit for which it serves.

3. Protection from Vehicles. Required open yards shall be protected from vehicles by a physical barrier.

4. Additional Standards for Private Open Yards. The following additional standards shall apply to all private open yard areas:

a. Availability. Private open yards shall be designed to ensure adequate privacy and usability and must be contiguous to and accessible from the unit served.

b. Required Fence or Hedge. Private open yard areas located in either a front yard or adjacent to another private open yard area shall be surrounded by a solid fence or hedge with a minimum height of five feet and a maximum height of six feet. This requirement may be reduced or waived by the appropriate Design Review body.

E. Location. Required open yard areas shall comply with all of the following location requirements:

1. Allowed Areas. Required open yard areas may include interior setbacks and any combination of landscaped areas, natural areas, flat areas, hillsides, paved or other hardscape areas, in-ground swimming pools and spas, and planters and decks that meet the standards of this section.

2. On Grade. Required open yard areas must be located on the ground or decks no more than 36 inches in height above grade.

3. Multiple Areas. Required open yards shall be located in one area or multiple areas that meet minimum dimension requirements.

4. Front Yards. Required open yard area may be located within front yards, except as follows.

a. Primary Front Setback. All required open yard areas shall be located outside the primary front setback and outside the first 10 feet of any secondary front setback measured from the front lot line.

b. Lots Developed with Single-Unit and Two-Unit Residential. Lots developed with Single-Unit and Two-Unit Residential must locate at least one open yard area that meets the required minimum dimensions outside the front yard.

5. Additional Location Requirements for Private Open Yards. The following additional location requirements shall apply to all private open yard areas:

a. Multiple Stories. Residential units that occupy more than one story may provide required private open yard on any story.

b. Balconies, Patios or Decks. Private open yard areas may be located on a balcony, patio, or deck of any height.

c. Planters. Private open yard areas may include planter areas no more than 50 square feet.

d. Front Yards. Private open yards located on the first story shall be a minimum of 10 feet from any front lot line, and the total area of all private open yards provided in front yards may not exceed 50% of the total front yard area, exclusive of driveways, turnarounds, or parking areas.

e. Creeks. Private open yards areas may not be located within any watercourse, or within any required watercourse development limitation area.

6. Prohibited Locations. Required open yard areas shall not include any of the following:

a. Vehicle Areas. Areas designated for use by motor vehicles such as driveways, turnarounds, or parking areas; as well as required parking lot landscaping and screening pursuant to Section 30.175.090, Parking Area Design and Development Standards.

b. Access and Egress Areas. Areas designed to provide access/egress and remain open and passable such as front porches, landings, stairs, and ramps, or required access/egress paths on a multi-unit or mixed-use development.

c. Nonresidential Areas. Areas used or designed for use by any nonresidential purpose.

F. Alternative Open Yard Design. An application to replace or reduce the private open yards with a common area on multi-unit residential or mixed-use development may be approved by the appropriate Design Review body, or other Review Authority if another discretionary approval is required, provided that all of the following standards are met and findings made:

1. Minimum Area: 15% of the net lot area;

2. Minimum Dimensions: 10 feet long and 10 feet wide, unless reduced or waived by the Review Authority;

3. Standards and Location: Except those for private open yards, all open yard standards and location requirements are met; and

4. Common Open Yard Area. At least one area with a minimum dimension of 20 feet long and 20 feet wide, located on the ground or on decks of any height, or on any floor of the structure, that is accessible to all units for use as a common open yard area is provided.

5. Findings. Approval may only be granted if the Review Authority finds that:

a. The alternative open yard design is necessary to provide flexibility in architectural style or site organization, such as the preservation of natural features, enhanced circulation, shared amenities, or the protection/creation of scenic views; and

b. Approval of the alternative open yard design will meet the purpose of the required open yard, as described in this section.

§ 30.140.150 Residential Unit.

A. Applicability. The standards of this section apply to all Residential Use Classifications except the following:

1. Group Residential.

2. Community Care Facilities, Residential Care Facilities for the Elderly, and Hospices (See Section 30.185.140).

B. Minimum Size. Each studio residential unit shall contain a minimum of 220 square feet of livable floor area and all other residential units shall contain a minimum of 400 square feet of livable floor area. Accessory buildings shall not be included in the minimum unit size.

1. Exception for Affordable Efficiency Units. An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code, with a minimum floor area of 150 square feet, may be permitted; provided that the efficiency unit is provided for occupancy by persons who qualify as either low-income or very low-income households, as defined in the City's Affordable Housing Policies and Procedures, at the time of their initial occupancy, or permitted as a studio Accessory Dwelling Unit, approved under Section 30.185.040, Accessory Dwelling Units.

C. Required Features. Each residential unit shall contain, at a minimum:

1. A kitchen, consisting of a sink, range or built-in stove-top and oven, and refrigeration facilities.

2. A bathroom consisting of a toilet, sink, and bathtub or shower.

3. A separate living room.

4. A separate sleeping room, except in studio residential units, where a living room is considered a sleeping room.

5. Exterior access to the unit, with no interior access between abutting residential units.

D. Limitations.

1. Kitchen Facility. No more than one kitchen per residential unit is allowed.

2. Laundry Facility. No more than one laundry room or laundry area per residential unit is allowed.

3. Adequate Interior Access. The Community Development Director shall determine whether a building or portion of a building contains adequate interior access to the main living space. Configurations including, but not limited to, building attachment via a long separate hallway, spiral staircase, and access to a bedroom through another bedroom may not be considered adequate interior access.

a. Rooms with Adequate Interior Access. Rooms determined to have adequate interior access to the main living space may contain a maximum of two of the following three residential building elements:

i. Utility sink or bar sink.

ii. Bathroom with bathing facilities.

iii. Exterior entrance.

b. Rooms without Adequate Interior Access. Residential building elements in rooms that do not have adequate interior access are limited to those allowed in accessory buildings, pursuant to Section 30.140.020, Accessory Buildings.

4. Additional Residential Building Elements. Additional residential building elements, beyond those permitted above, may be permitted pursuant to a Performance Standard Permit, Chapter 30.255. The additional residential building elements that may be considered for a Performance Standard Permit are limited to those which in the determination of the Community Development Director would not result in separate residential occupancy. The Performance Standard Permit shall include a Recorded Agreement providing for the automatic expiration of limited term approvals, or rescission of the permit or approval, if the City determines there is evidence of separate residential occupancy.

E. Determination of Residential Unit.

1. Residential Building Elements. Notwithstanding the above, the Community Development Director has the authority to determine whether a building or portion of a building is configured for use as a separate residential unit, regardless of size, when a building or portion thereof is configured or occupied for residential purposes, whether permanent or temporary, and contains elements evidencing separate residential occupancy. Residential building elements to be considered may include, but are not limited to, the proximal arrangement and various combinations of:

a. Kitchen sink, utility sink, lavatory, or bar sink;

b. Cooking appliances, whether built-in or not;

c. Refrigeration facilities;

d. Toilet;

e. Bathing facilities

f. Lack of interior access, including locking interior doors;

g. Exterior entrance;

h. Exterior staircase;

i. Spiral staircase;

j. Separate yard, patio, deck or balcony;

k. Separate utilities, separate meters;

l. Multiple water heaters;

m. Multiple laundry areas;

n. Separate garage, carport, or parking area (covered or uncovered);

o. Countertops or cupboards;

p. Sleeping loft; or

q. Separate address/mail box designation.

2. Establishment. Issuance of a building permit or other approval does not, of itself, establish that a building or portion thereof is a residential unit.

(Ord. 5834, 2018)

§ 30.140.160 Setbacks.

A. Purpose. Setbacks are intended to provide a sense of openness, visibility, light, and air between buildings; establish a consistent development pattern; create variation in building facades; provide adequate buffering between adjacent land uses; and allow opportunities for landscaping.

B. Applicability. All main and accessory buildings, structures, and land uses shall conform with the setback requirements established by the Zone Regulations in Division II of this Title.

C. Setbacks to be Unobstructed. Setbacks shall be open, unenclosed, and unobstructed by structures from the ground upward, except as provided in Section 30.140.090, Encroachments into Setbacks and Open Yards.

D. Measuring Setbacks. See Section 30.15.100, Measuring Setbacks.

§ 30.140.170 Solar Access Height Limitations.

In addition to any other height limitation imposed in the City Charter or in this Title, the following height limits apply.

A. Height Limitations.

1. RS and R-2 Zones. The maximum height of each point on a structure, measured from the Base Elevation Point, shall not exceed the sum of 12 feet and 58% of the shortest distance from the structure to the nearest northerly lot line as measured horizontally on the plan view of the structure.

2. All Other Zones. The maximum height of each point on a structure, measured from the Base Elevation Point, shall not exceed the sum of 18 feet and 58% of the shortest distance from the structure to the nearest northerly lot line as measured horizontally on the plan view of the structure.

3. Exceptions. The maximum height limits of this section do not apply to the following.

a. Lots with a north property line abutting a street, alley, or a nonresidentially zoned lot.

b. Any flagpole, antenna, ornamental spire, chimney, or other structure or building element which is less than four feet along each horizontal dimension.

c. A utility pole and line.

d. Any portion of a structure for which a shadow plan is prepared and submitted by the applicant demonstrating that shadows cast by that portion of the structure at 9:00 a.m., noon, and 3:00 p.m., Pacific Standard Time on December 21 will:

i. Not exceed the boundaries of a simultaneous shadow cast by a legally existing structure, or by a hill or other topographical feature other than trees or other vegetation;

ii. Not shade that portion of any adjacent residentially-zoned lot which is occupied by a residential unit or which could legally and without modification of required setbacks be occupied in the future by a residential unit; or

iii. Fall entirely within the boundaries of an existing covered or uncovered paved off street parking area, or paved driveway leading thereto.

B. Other Applicable Rules and Regulations. Rules and Regulations Pertaining to the Protection and Enhancement of Solar Access in the City of Santa Barbara, as adopted and amended by City Council by Resolution, also apply.

FIGURE 30.140.170: SOLAR ACCESS HEIGHT LIMITATIONS

§ 30.140.180 Street Frontage and Access.

Except where otherwise provided in this Title, every main building shall face or have frontage upon a public street or permanent means of access to a street.

§ 30.140.190 Street Widening Setback Lines.

A. Purpose. The purpose of this section is to establish areas for future street widening purposes, and to restrict building and structure placement within the setback as it relates to the rights-of-way that existed at the time the statute was codified. Street widening setbacks allow greater potential for street widening without costly removal of structures to enhance the rights-of-ways in these areas should the need arise.

B. Establishing Procedure for Street Widening Setback Lines.

1. Determining Authority. Whenever the public peace, health, safety, comfort, convenience, interest or welfare may require, the City Council is hereby authorized and empowered to determine the minimum distance back from the street line for the erection of buildings or structures along any portion of any street, public way or place in the City and to order the establishment of a line to be known and designated as a street widening setback line between which line and the street line no structure shall be erected or constructed. The street widening setbacks and the procedures relating to street widening setbacks specified in this section are to be distinguished from the general setbacks established elsewhere in this Title.

2. Issuing Building Permits During Interim Period. After the adoption of the Resolution of Intention, and prior to the time the ordinance establishing setback line or lines in such proceedings becomes effective, no building permit shall be issued for the erection of any structure between any proposed setback line and the street line and any permit so issued shall be void.

3. Resolution – Notice of Hearing. Before ordering the establishment of any setback line authorized by paragraph 1, above, the Council shall pass a resolution of intention to do so, designating the distance inward from the street and the street widening setback line or lines proposed. The resolution shall be published once in a daily newspaper published and circulated in the City, and designated by the City Council for the purpose; and one copy of the resolution shall be posted conspicuously upon the street in front of each block or part of block of any street, public way or place where such setback line is proposed to be established. The resolution shall also contain a notice of the day, hour and place when and where any and all persons having any objection to the establishment of the proposed setback line or lines may appear before the Council and present any objection or protest which they may have to the proposed setback line or lines as set forth in the Resolution of Intention. The time of hearing shall not be less than 15 nor more than 40 days from the date of the adoption of the Resolution of Intention; and the publication and posting of the Resolution shall be made at least 10 days before the time of the hearing, and shall be deemed to be and shall constitute the only notice to be given of such hearing.

4. Hearing.

a. At any time not later than the hour set for hearing objections and protests to the establishment of the proposed setback line or lines, any person having any interest in any land upon which the setback line is proposed to be established, may file with the City Clerk a written protest or objection against the establishment of the setback line or lines designated in the Resolution of Intention. Such protest must be in writing, must contain a statement of the facts or reasons constituting the owner's objections and be delivered to the Clerk not later than the hour set for the hearing, and no other protests or objections shall be considered. All protestants may appear before the Council at the hearing, either in person or by attorney, and be heard in support of their protests or objections. At the time set for hearing, or at any time to which the hearing may be continued, the Council shall proceed to hear and pass upon all protests or objections so made, and its decision shall be final and conclusive, both as to the protestants and all other persons.

b. The Council shall have power and jurisdiction to sustain any protest or objection and abandon the proceeding, or to deny any and all protests or objections, and order by ordinance the establishment of the setback line or lines described in the Resolution of Intention, or to order the same established with such changes or modifications as the Council may deem proper.

5. Construction Between Street and Setback Lines – Prohibited. From and after the taking effect of such ordinance establishing any setback line or lines, it shall be unlawful for any person, firm or corporation to construct any building, wall, fence, required parking space, or other structure within the space between the street line and the setback line, so established, and no permit for any structure to be erected within such space shall be issued.

6. If Easements are Granted to the City. Once easements for street widening as detailed in this section have been granted to the City for specific properties, no additional setback is required or allowed for that property.

7. Penalty for Violation. Any person, firm or corporation, whether as principal, agent, employee or otherwise, violating any provision of this section shall be deemed guilty of a misdemeanor but may be cited or charged, at the election of the enforcing officer or City Attorney, as an infraction. Upon conviction, such person shall be punished as set forth in Chapter 1.28, Penalty, of the Santa Barbara Municipal Code. Each day that violation of this Title continues shall be considered a separate offense.

C. Street Widening Setback Lines Established.

1. Canon Perdido Street – Northwesterly Between Quarantina and Milpas Street. A straight line drawn from the northeasterly line of Quarantina Street produced northwesterly, to southwesterly line of Milpas Street, 10 feet northwesterly from the northwesterly line of Canon Perdido Street is established as a setback line, between which line and such northwesterly line of Canon Perdido Street no structure shall hereafter be erected or placed.

2. Canon Perdido Street – Southeasterly Between Quarantina Street and Milpas Street. A straight line drawn from the northeasterly line of Quarantina Street to the southwesterly line of Milpas Street, 10 feet southeasterly from the southeasterly line of Canon Perdido Street is established as a setback line, between which line and such southeasterly line of Canon Perdido Street no structure shall hereafter be erected or placed.

3. Carrillo Street Extension. A line parallel with and 40 feet easterly of the centerline of Carrillo Street extension between engineer's station 49+00 and station 52+00, said centerline as shown on approved plan number C-1-2672, sheet 2 of 31 sheets, on file in the Office of the City Engineer, is established as a setback line, between which line and such easterly side of Carrillo Street extension no structure shall hereafter be erected or placed.

4. Chapala Street – Northeasterly Between Montecito Street and Cabrillo Boulevard. A straight line drawn from the southeasterly line of Montecito Street to the northwesterly line of Cabrillo Boulevard, 10 feet northeasterly from the northeasterly line of Chapala Street is established as a setback line, between which line and such northeasterly line of Chapala Street no structure shall hereafter be erected or placed.

5. Chapala Street – Southwesterly Between Montecito Street and Cabrillo Boulevard. A straight line drawn from the southeasterly line of Montecito Street to the northwesterly line of Cabrillo Boulevard, 10 feet southwesterly from the southwesterly line of Chapala Street is established as a setback line, between which line and such southwesterly line of Chapala Street no structure shall hereafter be erected or placed.

6. Cliff Drive. Two setback lines, drawn parallel to each other and to the centerline of Cliff Drive, separated from each other by the centerline of Cliff Drive, the one being drawn on one side of the centerline of Cliff Drive and the other being drawn on the other side of such centerline of Cliff Drive, each such setback line being 55 feet distant from the centerline of Cliff Drive, and 110 feet distant from the other such setback line, at all points, and running for a distance extending from the existing West Montecito Street widening setback line on the east, to and including all portions of Cliff Drive, to the easterly side of the entrance to Arroyo Burro Beach, between which two setback lines no structure shall hereafter be erected, constructed or placed.

7. De la Vina Street (formerly a portion of Hollister Avenue located within the City of Santa Barbara) - Northeaterly Between Calle Laureles and Mission Street. A line drawn from the easterly line of Calle Laureles to the northwesterly line of Mission Street, parallel to and 10 feet northeasterly from the northeasterly line of De la Vina Street (formerly Hollister Avenue) is established as a setback line, between which line and such northeasterly line of De la Vina Street (formerly Hollister Avenue) no structure shall hereafter be erected or placed.

8. De la Vina Street and State Street (formerly portions of Hollister Avenue located within the City of Santa Barbara Between Las Positas Road and Mission Street. A line drawn from the City Limits Line existing as of April 12, 1928, at Las Positas Road and State Street and along State Street and De la Vina Street to the northwesterly line of Mission Street, parallel to and 10 feet southerly from the southerly line of State Street (formerly Hollister Avenue) and parallel to and 10 feet southwesterly from the southwesterly line of De la Vina Street (formerly Hollister Avenue) is established as a setback line, between which line and such southwesterly line of De la Vina Street (formerly Hollister Avenue) no structure shall hereafter be erected or placed.

9. East Cabrillo Boulevard. A line drawn parallel to and distant 10 feet northwesterly from the line of East Cabrillo Boulevard between the northeasterly line of State Street and the southwesterly line of Santa Barbara Street is established as a setback line, between which line and such northeasterly line of East Cabrillo Boulevard no structure shall hereafter be erected or placed.

10. Gutierrez Street – Northwesterly Between De la Vina Street and Milpas Street. A straight line drawn from the northeasterly line of De la Vina Street to the southwesterly line of Milpas Street, 10 feet northwesterly from the northwesterly line of Gutierrez Street is established as a setback line, between which line and such northwesterly line of Gutierrez Street no structure shall hereafter be erected or placed.

11. Gutierrez Street – Southeasterly Between De la Vina Street and Milpas Street. A straight line drawn from the northeasterly line of De la Vina Street to the southwesterly line of Milpas Street, 10 feet southeasterly from the southeasterly line of Gutierrez Street is established as a setback line, between which line and such southeasterly line of Gutierrez Street no structure shall hereafter be erected or placed.

12. Milpas Street – Northeasterly Between Anapamu Street and Cabrillo Boulevard. A straight line drawn from the southeasterly line of Anapamu Street to the northwesterly line of Cabrillo Boulevard, 10 feet northeasterly from the northeasterly line of Milpas Street is established as a setback line, between which line and such northeasterly line of Milpas Street no structure shall hereafter be erected or placed.

13. Milpas Street – Southeasterly Between Anapamu Street and Cabrillo Boulevard. A straight line drawn from the southeasterly line of Anapamu Street to the northwesterly line of Cabrillo Boulevard, 10 feet southwesterly from the southwesterly line of Milpas Street, is established as a setback line, between which line and such southwesterly line of Milpas Street no structure shall hereafter be erected or placed.

14. Montecito Street – Northeasterly Between Bath Street and Rancheria Street. A straight line drawn from the southwesterly line of Bath Street to the northeasterly line of Rancheria Street, 10 feet northwesterly from the northwesterly line of Montecito Street, is established as a setback line, between which line and such northwesterly line of Montecito Street no structure shall hereafter be erected or placed.

15. Montecito Street – Southeasterly Between Bath Street and Rancheria Street. A straight line drawn from the southwesterly line of Bath Street to the northeasterly line of Rancheria Street, 10 feet southeasterly from the southeasterly line of Montecito Street is established as a setback line, between which line and the southeasterly line of Montecito Street no structure shall hereafter be erected or placed.

D. Variances for Street Widening Setback Lines.

1. Variance by Resolution Authorized. Where there is need to allow variance to avoid unreasonable practical difficulties or unreasonable and unnecessary hardships resulting or arising from any setback line established by ordinance in the City, the City Council upon its own motion or upon verified petition, filed with the Clerk of the City Council, of any property owner whose property is directly affected by such setback line, shall have power to allow by its resolution upon such reasonable terms and conditions as the City Council may deem proper and under the circumstances and subject to the conditions and provisions hereinafter specified, variance from the restrictions and prohibitions of any such setback line.

2. Basis for Allowing Variances. Variances shall be allowed and permitted under this section when consistent with the general purpose and objective of whatever setback line may be involved; and, only in such instances and only to such extent that the public welfare, safety and convenience shall be duly secured, with substantial justice done with respect to all concerned.

3. 

Prerequisites to Granting Variance. Moreover, variance shall be authorized under this section upon the following additional provisions and conditions:

a. That whatever improvements may be constructed, erected or made pursuant to any variance authorized under this section shall be and must be wholly removed in the event of any future public acquisition by condemnation of the real property whereon such improvements may be constructed, erected or made at the sole expense of the property owner to whom leave for such variance was granted the owner of the property at the time of the condemnation by the City.

b. That variance shall be allowed by the City Council only upon the filing with the Clerk of the City of a written agreement and undertaking signed and acknowledged by the property owner involved and by its term binding the property owner or whoever shall be the owner of the property involved at the time of any future condemnation such as that abovementioned, to wholly remove whatever improvements may be constructed, erected or made under or pursuant to the leave granted under this chapter, which removal shall be at the sole cost and expense of the property owner.

c. That variance shall be allowed under this section only upon the further express condition and provision that if the property owner signing the aforementioned written agreement and undertaking any other owner of such property at the time of condemnation thereof shall fail to wholly remove all improvements constructed, erected or made under this section, the same may be removed by the City if it acquires by condemnation the land involved as contemplated by this section, at the sole expense of such property owner or owners.

d. That variance shall be authorized under this section only upon the express provision and condition of the property owner or owners involved evidenced as above stated and expressly waiving and renouncing any and all right or claim to damages or compensation in favor of any such property owner or owners involved or otherwise arising by reason of the severance of any improvement constructed, erected or made under this section from any other or remaining improvement or by reason of the removal of any such improvement constructed, erected or made pursuant to leave authorized by this section, if the City acquires the land involved by condemnation.

e. That variance shall be authorized by the City Council under this section by resolution of the City Council setting forth the written findings of fact required by the following:

i. In order to justify any variance under the provisions of this section, the three following qualifications must be shown relative to the property involved in the application for such variance; and, the City Council's resolution of approval in connection with any such applications must contain written findings of fact showing wherein the property involved meets the three following qualifications:

(1) That there are exceptional or extraordinary circumstances or conditions applicable to the property involved that do not apply generally to all property affected by the setback line involved, and which produce unreasonable practical difficulties or unreasonable and unnecessary hardships in the way of adhering to the setback line or lines as established without the granting of leave for any variance therefrom.

(2) That such variance is necessary for the preservation and enjoyment of a substantial property right of the petitioner in consonance and harmony with the enjoyment of their property by other neighboring owners, subject to the setback line involved.

(3) That the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements subject to the setback line involved.

4. Council's Decision to be Final. The decision of the City Council in granting or refusing any petition for any variance under this chapter or any granting on its own motion any variance under this section pursuant to the provisions of this section, shall be final and conclusive without any right of appeal.

5. Petition to State Grounds for Variance. Every petition filed under this section shall state fully the grounds upon which leave for variance is sought and the facts warranting the proposed allowance of variance.

6. Resolution to be Entered in Minutes. Every resolution hereafter allowing variance from any setback line shall be entered in full in the minutes of the City Council.

7. Compliance. Save and except under and as allowed pursuant to the provisions and procedure prescribed by this section, no improvements shall be constructed, erected or made in violation of any setback line ordinance of this City within the prescribed limits established by such setback line ordinance.

§ 30.140.200 Substantial Redevelopment.

A. Substantial Redevelopment. A substantial redevelopment occurs when a structure is either completely demolished or at least two of the three conditions below are completed within any five-year period. For the purposes of this section, prior work shall not be considered complete unless a final inspection has occurred or a certificate of occupancy has been issued for the permit. If work occurred without a valid building permit, the five-year period begins upon City issuance of a Notice of Violation for the unpermitted work. The determination of substantial redevelopment pursuant to this section shall not alter the meaning of the term "demolition" with regard to a historic resource, where demolition is defined in Santa Barbara Municipal Code Section 22.22.020, Definitions, or with regard to the application of State Title 24, Building Standards Codes:

1. More than 50% of the structural elements of the roof or roof framing is removed.

2. More than 50% of the structural exterior walls (or vertical supports such as posts or columns when a structure has no walls) of a structure are removed or are no longer a necessary and integral structural component of the overall building.

3. More than 50% of the foundation system is removed, or is no longer a necessary and integral structural component of the overall structure, including, but not limited to: perimeter concrete foundation, retaining walls, post and pier foundations, or similar element(s) that connect a structure to the ground and transfers gravity loads from the structure to the ground.

B. Calculation. The calculation for determining whether a wall has been demolished or redeveloped will be based on a horizontal measurement of the perimeter exterior wall removed between the structure's footings and the structure's ceiling. The calculation for determining whether the roof or foundation system has been demolished or redeveloped will be based on the lineal feet of the foundation system, count of post and piers, or overall square footage of that individual element.

C. Structures without Walls or Roofs. Fences, patios, decks or similar, shall be considered demolished or redeveloped when more than 50% of either the lineal feet or area of the structure is removed.

D. Review of Substantial Redevelopment within Historic or Landmark Districts or of Designated City Landmarks. The structure, 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 historic or landmark district, or if the structure is a designated City Landmark, or the City Council on appeal.

§ 30.140.210 Swimming Pools, Spas, and Similar Uses.

The outside wall of the water-containing portion of any in-ground swimming pool, spa, pond, fountain, or similar in-ground water feature shall be located outside the required setbacks of the applicable zone or a minimum of 15 feet from the front lot line and five feet from all interior lot lines, whichever is less. The location of the associated mechanical equipment is subject to the standards in Section 30.140.130 Mechanical and Other Equipment.

§ 30.140.220 Reserved.

§ 30.140.230 Visibility at Driveways and Intersections.

A. Applicability. Visibility at driveways and intersections shall be maintained in accordance with this section, unless the Public Works Director grants a Minor Zoning Exception, pursuant to Chapter 30.245, Minor Zoning Exceptions, upon finding that the granting of such exception will not create or exacerbate an obstruction of the necessary sightlines for safe operation of motor vehicles.

B. Driveways. Visibility at a driveway that crosses a front property line shall not be blocked above a height of 42 inches within the triangle areas described below:

1. Street with Sidewalk and Parkway. When a driveway directly abuts a portion of a street with a sidewalk and 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.

2. Street without Sidewalk and Parkway. When a driveway directly abuts a portion of a street without a sidewalk and parkway, the minimum required site distance is established based on legal vehicle speed and the position of the driver's eye in relation to the intersection as determined by the Public Works Director. The Public Works Director may require additional site distance due to site-specific conditions.

C. Street Intersections. The required site distance is established based on legal vehicle speed and the position of the driver's eye in relation to the intersection as determined by the Public Works Director. Structures and landscape located adjacent to intersections controlled by an all-way stop are not subject to additional height restrictions pursuant to this subsection. The Public Works Director may require additional site distance due to site-specific conditions.

D. Required Reduction for Safety. If the height of any landscaping or structure obstructs the sightlines required for the safe operation of motor vehicles, the Public Works Director may declare the obstruction to be a public nuisance and require the removal, relocation or reduction of the obstruction in order to provide for the safe operation of motor vehicles.

FIGURE 30.140.230: VISIBILITY AT DRIVEWAYS AND INTERSECTIONS

WITH SIDEWALK AND PARKWAY

WITHOUT SIDEWALK AND PARKWAY

§ 30.140.240 Waste, Recycling, and Outdoor Storage.

All new and existing waste, recycling, and outdoor storage areas shall comply with the requirements of this section.

A. Waste and Recycling Storage. Appropriately screened and located storage areas for solid waste and recycling receptacles that provide sufficient capacity for the development or use shall be provided, as follows:

1. Compliance with the City Trash and Recycling Enclosure Design Guide. Waste and recycling storage areas shall comply with the City Trash and Recycling Enclosure Design Guide.

2. Screening. Waste and recycling receptacle storage areas shall be hidden from view by a fence or enclosure, compatible with adjacent architecture, with a minimum height of five feet for carts/cans, and seven feet for dumpsters, from any parking lot, right-of-way, or adjoining residential property. This requirement may be reduced or waived by the appropriate Design Review body if the waste and recycling receptacle storage area is determined to be adequately screened pursuant to Section 30.15.120, Screening.

3. Access. Adequate access to and from the waste and recycling receptacle storage areas shall be provided including to the waste hauler access point.

4. Visibility. Waste and recycling receptacle storage areas shall comply with all height limitations pursuant to Section 30.140.230, Visibility and Driveways and Intersections.

5. Maintenance. Waste and recycling receptacle storage areas shall be maintained in good condition, free of visible debris, and shall not be used for anything other than storing waste and recycling receptacles. Waste and recycling receptacle storage areas shall not create a nuisance, hazard, or other objectionable condition, pursuant to Chapter 30.180, Performance Standards.

6. Location. No portion of any front yard, setback, open yard, or front porch shall be used to store waste, recycling or similar receptacles. However, waste, recycling, or similar receptacles provided by the City's contracted local waste hauler may encroach into an interior setback, front yard, or front setback, if located in an enclosure, and located no closer than 10 feet to the front lot line; under the following conditions:

a. A Minor Zoning Exception pursuant to Chapter 30.245, Minor Zoning Exceptions, is approved by the appropriate Design Review body, with the following findings:

i. In addition to the findings required by Chapter 30.245, Minor Zoning Exceptions, the Minor Zoning Exception may only be granted where the Design Review body finds that the waste and recycling enclosure is not anticipated to create a nuisance, hazard, or other objectionable condition, pursuant to Chapter 30.180, Performance Standards.

b. The setback encroachments is for existing development only. The encroachment is not available for new structures, additions, or substantial redevelopment to existing structures where the proposed project can provide a conforming location.

c. When located within a setback or front yard, the waste and recycling enclosure shall be unroofed and shall not exceed the size required to store the receptacles, as determined by the City's Environmental Services Division.

B. Outdoor Storage. No portion of any front yard or any setback, required open yard, or front porch shall be used for the storage or parking of motor vehicles, trailers, airplanes, boats, parts of any of the foregoing, appliances, loose rubbish or garbage, junk, tents, building materials, compost pile, or any similar item, for a period of 48 or more consecutive hours, except as provided below.

1. Storage established as a permitted use with a permit or approval, as provided in this Title.

2. Construction materials for use on the same premises may be stored during the time that a valid permit is in effect for construction on the premises.