An application for a permit for a Nonresidential Construction Project, as defined in Section
30.170.020, Definitions, will not be accepted or approved on or after December 6, 1989, unless all of the new nonresidential floor area within the project is allocated from one or more of the categories specified in this section and the project is consistent with the City's Traffic Management Strategy (as approved by City Resolution No. 13-010 dated as of March 12, 2013, and as filed with the City Clerk) as implemented in Section
30.170.030, Traffic Management Strategy.
A. Development Limit. From March 5, 2013 until December 31, 2033, the amount of new nonresidential floor area available for nonresidential construction projects shall be restricted to no more than 1,350,000 square feet. This allowable floor area shall be allocated from the following categories, as defined in Section
30.170.020, Definitions:
TABLE 30.170.010.A: FLOOR AREA ALLOWANCES BY CATEGORY
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Category
|
Square Footage
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Community Benefit
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600,000 s.f.
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Small Addition Floor Area
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400,000 s.f.
|
Vacant Property
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350,000 s.f.
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Except as otherwise provided in this section and as
allocated on an annual basis by a resolution of the Planning Commission,
Small Additions shall be limited to no more than 20,000 square feet
of nonresidential floor area during each calendar year from March
5, 2013 through December 31, 2033. Any unused, expired, or withdrawn
development square footage remaining from each annual allotment from
the Small Additions category may be rolled over to the following year's
Small Additions allotment or allocated to another category by a resolution
of the Planning Commission. Procedures for allocating square footage
under these categories shall be established by resolution of City
Council.
B. Nonresidential Floor Area Excluded from the Development Limit. Nonresidential floor area may be constructed, or converted from residential floor area, without requiring an allocation from the allowable square footage specified in subsection
A, Development Limit, above, so long as the nonresidential floor area falls within the following categories, as defined in Section
30.170.020, Definitions:
1. City Government Buildings.
2. Government Displacement Floor Area.
3. Hotel Room for Room Replacement.
4. Minor Addition Floor Area.
7. Prior-Approved Specific Plan Project.
8. Transfers of Existing Development Rights, as defined in Chapter
30.195, Transfer of Existing Development Rights.
The following words and phrases shall have the meaning indicated,
unless the context or usage clearly requires a different meaning:
Community Benefit Project.
A project which has been designated by the City Council as
satisfying one or more of the following categories is a Community
Benefit Project:
1.
Community Priority Project.
A Community Priority Project is a project that has a broad
public benefit, is not principally operated for private profit, and
is necessary to meet a present or projected need directly related
to public health, safety or general welfare (e.g., museums, childcare
facilities, health clinics).
2.
Economic Development Project.
An Economic Development Project is a project that is consistent
with the City Charter, General Plan and this Title, will enhance the
standard of living for City and South Coast residents, and will strengthen
the local or regional economy by either creating new permanent employment
opportunities or enhancing the City's revenue base. An Economic Development
Project should also accomplish one or more of the following:
a.
Support diversity and balance in the local or regional economy
by establishing or expanding businesses or industries in sectors which
currently do not exist on the South Coast or are present only in a
limited manner; or
b.
Provide new recreational, educational, or cultural opportunities
for City residents and visitors; or
c.
Provide products or services which are currently not available
or are in limited supply either locally or regionally; or
d.
Support a small and local business in the Santa Barbara community
which is being started, maintained, relocated, redeveloped or expanded.
For purposes of this section, "standard of living" is defined
as wages, employment, environment, resources, public safety, housing,
schools, parks and recreation, social and human services, and cultural
arts.
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3.
New Vehicle Sales Project. A New Vehicle Sales Project is a project within the Auto Commercial and Services (ACS) Overlay Zone that proposes a project involving new vehicle sales, rental and leasing as allowed in Chapter
30.45, Auto Commercial and Services (ACS) Overlay Zone.
Development Area.
A Development Area is a portion of the City that the City
of Santa Barbara Traffic Model (as approved by the City Council by
Resolution No. 13-010 dated as of March 12, 2013, and as filed with
the City Clerk) has shown to have distinct traffic generation patterns,
as identified on the Development Area Map. The City of Santa Barbara
Development Areas are shown on the map labeled "Growth Management
Program Development Areas" (as approved by City Resolution No. 13-010
dated as of March 12, 2013). All notations, references and other information
shown on said map are incorporated by reference herein and made a
part hereof.
Existing Nonresidential Floor Area.
Existing Nonresidential Floor Area is nonresidential floor
area that existed on a lot as of October 1, 1988, or nonresidential
floor area that was approved and constructed or converted from residential
floor area after October 1, 1988, in compliance with, or exempt from,
a City development plan or nonresidential growth management program
ordinance.
Floor Area.
For the purpose of the Nonresidential Growth Management Program, floor area includes that described in Section
30.15.070, Measuring Floor Area, and as follows:
1.
Any structure used exclusively for occupant or patron parking
is not included, but structures or portions of structures used for
vehicle storage, sales, car washing, repair or servicing are included.
2.
A Caretaker Unit without a private kitchen in a Hotel or Extended
Stay Hotel is included.
3.
Any structure in a mixed-use development utilized by both residential and nonresidential users, except live-work units, approved under Section
30.185.240, Live-Work Units, where the residential and nonresidential areas of the live-work unit have an open interior connection, with no demising walls that separate the uses, and are located on the same floor of the building.
4.
Any recreational vehicle, mobilehome, or modular unit used for a permanent permitted nonresidential use pursuant to Section
30.185.270, Mobilehomes, Recreational Vehicles, and Modular Units, Individual Use, is included.
5.
A structure, or a portion thereof, occupied exclusively by public
utility equipment constitutes floor area for purposes of Development
Plan review, but shall not count toward the calculation of floor area
for purposes of the development limit specified in Subsection 30.170.010.A,
Development Limit.
6.
Any floor area which was constructed, approved, demolished or
converted in violation of any provision of this Municipal Code shall
not give rise to any right to rebuild or transfer said floor area.
Government Building.
A Government Building is a building owned or leased by the
City of Santa Barbara, excluding buildings or portions of buildings
that are leased to private entities conducting non-governmental activities
(e.g., the private leaseholds at the Harbor or Airport).
Government Displacement Floor Area.
Government Displacement Floor Area is nonresidential floor
area that is constructed or converted from residential floor area
to replace nonresidential floor area that was acquired, removed or
damaged by direct condemnation or negotiated acquisition by a governmental
entity (federal, state or local), provided the nonresidential floor
area of the project constructed to replace a building acquired or
removed by the government does not exceed the nonresidential floor
area of the building so acquired or removed, unless the additional
nonresidential floor area is allocated from another available category.
Hotel Room for Room Replacement.
A Hotel Room for Room Replacement is a project which consists of the replacement of existing hotel rooms at the same location, or transferred from another location as part of an approved Transfer of Existing Development Rights pursuant to Chapter
30.195, Transfer of Existing Development Rights, on a room for room basis. A Hotel Room for Room Replacement does not include nonresidential floor area outside the hotel rooms.
Minor Addition Floor Area.
Minor Addition Floor Area is the first 1,000 square feet
of new nonresidential floor area, over the amount of nonresidential
floor area that existed on the lot as of December 6, 1989. Procedures
for allocating and accounting for Minor Addition Floor Area shall
be established by resolution of the City Council.
Nonresidential Construction Project.
A Nonresidential Construction Project is a project, or portion
thereof, which consists of the construction of new nonresidential
floor area or the conversion of existing residential floor area to
nonresidential use. The repair, replacement, or reconstruction of
Existing Nonresidential Floor Area (including existing development
rights that are transferred from another site) is not considered new
nonresidential floor area for the purpose of the nonresidential development
limitation specified in Subsection 30.170.010.A, Development Limit.
A nonresidential construction project may occur in the following forms:
1.
The addition of new nonresidential floor area to an existing
structure; or
2.
The construction of new nonresidential floor area in a free
standing structure on real property containing another structure;
or
3.
The construction of new nonresidential floor area as a portion
of a mixed-use development; or
4.
The conversion of residential floor area to nonresidential floor
area; or
5.
A new structure on vacant real property that contains nonresidential
floor area.
Nonresidential Floor Area Ratio.
The Nonresidential Floor Area Ratio of a lot is a ratio of
the nonresidential floor area on the lot to the net lot area of the
lot.
Prior-Approved Projects.
A Prior-Approved Project is a project for which a permit
(other than an application for Specific Plan approval) was approved
on or before April 11, 2013, and where the approval remains valid.
Prior-Approved Specific Plan Project.
A Prior-Approved Specific Plan Project is a project that
implements a specific plan that was approved prior to April 16, 1986,
the specific plan required the construction of substantial circulation
system improvements, and the required circulation system improvements
were either:
1.
Installed prior to April 11, 2013; or
2.
Constructed after April 11, 2013, pursuant to an Owner Participation
Agreement and installed prior to the approval of any Development Plan(s)
related to the approved specific plan.
Prior-Pending Project.
A Prior-Pending Project is a nonresidential construction
project for which an application for a permit was deemed complete
by the City before April 11, 2013, and the application:
1.
Has not been denied by the City;
2.
Has not been withdrawn by the applicant; and
3.
Has not yet received City approval.
Small Addition Floor Area.
Small Addition Floor Area is the 2,000 square feet of new
nonresidential floor area over the amount of nonresidential floor
area that existed on the lot on December 6, 1989, and any floor area
that has been constructed or approved as Minor Addition Floor Area
pursuant to this chapter or any preceding Development Plan ordinance
since December 6, 1989. Procedures for allocating Small Addition Floor
Area shall be established by resolution of the City Council.
Vacant Property.
A Vacant Property is a lot of land that was not developed
with a permanent structure containing floor area as of October 1,
1988, and has not since been developed with any permanent structure
containing floor area. A vacant property may be allocated new nonresidential
floor area from the Vacant Property category up to a maximum nonresidential
floor area ratio of 0.25. Any nonresidential development proposed
for the lot over the 0.25 floor area ratio must be allocated from
another development category available for allocation on the lot.
In order to utilize the City's existing transportation capacity
efficiently and to prioritize constrained transportation capacity
for high priority land uses, the City has established a Traffic Management
Strategy (as approved by City Resolution No. 13-010 dated as of March
12, 2013). In furtherance of the Traffic Management Strategy and recognizing
the differential rates of traffic generation observed in the City
of Santa Barbara Traffic Model methodology (as used in connection
with the preparation of the General Plan FEIR) between the different
Development Areas, only certain categories of nonresidential development
are available for allocation within the Development Areas identified
in this section.
A. Downtown Development Area. If all of the floor area for a
project is proposed from a category or categories of development that
are available for allocation within the development area in which
the proposed project is located, the project's contribution to a potentially
significant adverse cumulative traffic impact may be overridden by
the Planning Commission. Within the Downtown Development Area, unless
specifically authorized below, a project-specific potentially significant
adverse traffic impact cannot be overridden by the Planning Commission.
The following categories of nonresidential development are available
for allocation to lots within the Downtown Development Area:
1. Prior-Approved Projects. Prior-Approved
Projects do not require further environmental review.
3. Prior-Approved Specific Plan Projects. A Prior-Approved Specific Plan Project that presents a project-specific
potentially significant adverse traffic impact may be approved by
the Planning Commission following the adoption of a Statement of Overriding
Considerations in the manner authorized by the California Environmental
Quality Act (CEQA).
4. Minor Addition Floor Area. A project
constructing, adding, or converting Minor Addition Floor Area that
presents a project-specific potentially significant adverse traffic
impact may be approved by the Planning Commission following the adoption
of a Statement of Overriding Considerations in the manner authorized
by the CEQA.
5. Small Addition Floor Area.
6. Vacant Property. A Vacant Property
Project that presents a project-specific potentially significant adverse
traffic impact may be approved by the Planning Commission following
the adoption of a Statement of Overriding Considerations in the manner
authorized by CEQA.
7. Community Priority Projects. A Community
Priority Project that presents a project-specific potentially significant
adverse traffic impact may be approved by the Planning Commission
following the adoption of a Statement of Overriding Considerations
in the manner authorized by CEQA.
8. Economic Development Projects.
9. Transfers of Existing Development Rights (TEDR). Transfers of Existing Development Rights (TEDR), as defined
in Subsection 30.195.020.G, Transfer of Existing Development Rights,
from any Development Area.
a. A Transfer of Existing Development Rights between lots within the
same Development Area that will result in the construction, addition,
or conversion of not more than 1,000 square feet of nonresidential
floor area over the amount of nonresidential floor area that existed
on the receiving lot as of the effective date of this chapter and
that presents a project-specific potentially significant adverse traffic
impact may be approved by the Planning Commission following the adoption
of a Statement of Overriding Considerations in the manner authorized
by CEQA.
b. All other Transfers of Existing Development Rights (including Hotel
Room for Room Replacements) that result in a project-specific potentially
significant adverse traffic impact cannot be overridden.
10. Hotel Room for Room Replacement. An
on-site Hotel Room for Room Replacement that presents a project-specific
potentially significant adverse traffic impact may be approved by
the Planning Commission following the adoption of a Statement of Overriding
Considerations in the manner authorized by CEQA.
11. Demolition and Reconstruction of Existing Nonresidential
Floor Area on the Same Lot. The Substantial Redevelopment
and Reconstruction of Existing Nonresidential Floor Area on the same
lot that presents a project-specific potentially significant adverse
traffic impact may be approved by the Planning Commission following
the adoption of a Statement of Overriding Considerations in the manner
authorized by CEQA.
12. City Government Buildings. A government
building project that presents a project-specific potentially significant
adverse traffic impact may be approved by the Planning Commission
following the adoption of a Statement of Overriding Considerations
in the manner authorized by CEQA.
13. Government Displacement Floor Area. A Government Displacement Floor Area Project that presents a project-specific
potentially significant adverse traffic impact may be approved by
the Planning Commission following the adoption of a Statement of Overriding
Considerations in the manner authorized by CEQA.
14. Public Utility Facilities. A Public
Utility Facility that presents a project-specific potentially significant
adverse traffic impact may be approved by the Planning Commission
following the adoption of a Statement of Overriding Considerations
in the manner authorized by CEQA.
B. Upper State Street, Mesa, Coast Village Road, and Riviera Development
Areas (Outlying Development Areas). If all of the floor area
for a project is proposed from a category or categories of development
that are available for allocation within the development area in which
the proposed project is located, the project's contribution to a significant
cumulative traffic impact may be overridden. Within the Outlying Development
Areas, unless specifically authorized below, a project-specific potentially
significant adverse traffic impact cannot be overridden by the Planning
Commission. The following categories of nonresidential development
are available for allocation to lots within the Outlying Development
Areas:
1. Prior-Approved Projects. Prior-Approved
Projects do not generally require further environmental review.
3. Prior-Approved Specific Plan Projects. A Prior-Approved Specific Plan Project that presents a project-specific
potentially significant adverse traffic impact may be approved by
the Planning Commission following the adoption of a Statement of Overriding
Considerations in the manner authorized by CEQA.
4. Minor Addition Floor Area. A project
constructing, adding, or converting Minor Addition Floor Area that
presents a project-specific potentially significant adverse traffic
impact may be approved by the Planning Commission following the adoption
of a Statement of Overriding Considerations in the manner authorized
by CEQA.
5. Vacant Property. A Vacant Property
Project that presents a project-specific potentially significant adverse
traffic impact may be approved by the Planning Commission following
the adoption of a Statement of Overriding Considerations in the manner
authorized by CEQA.
6. Community Priority Projects. A Community
Priority Project that presents a project-specific potentially significant
adverse traffic impact may be approved by the Planning Commission
following the adoption of a Statement of Overriding Considerations
in the manner authorized by CEQA.
7. Transfer of Existing Development Rights. Transfer of Existing Development Rights (including Hotel Room for
Room Replacements), as defined in Subsection 30.195.020.G, Transfer
of Existing Development Rights, from and to lots within the same Development
Area. No receiving site located in an Outlying Development Area may
receive a Transfer of Existing Development Rights from a sending site
that is located in another Development Area.
a. A Transfer of Existing Development Rights between real properties
within the same Development Area that will result in the construction,
addition, or conversion of not more than 1,000 square feet of nonresidential
floor area over the amount of nonresidential floor area that existed
on the receiving lot as of April 11, 2013, and that presents a project-specific
potentially significant adverse traffic impact may be approved by
the Planning Commission following the adoption of a Statement of Overriding
Considerations in the manner authorized by CEQA.
b. All other Transfers of Existing Development Rights (including Hotel
Room for Room Replacements) that result in a project-specific potentially
significant adverse traffic impact cannot be overridden by the Planning
Commission.
8. Substantial Redevelopment and Reconstruction of Existing
Nonresidential Floor Area on the Same Parcel. The
Substantial Redevelopment and Reconstruction of Existing Nonresidential
Floor Area on the same lot that presents a project-specific potentially
significant adverse traffic impact may be approved by the Planning
Commission following the adoption of a Statement of Overriding Considerations
in the manner authorized by CEQA.
9. Government Buildings. A Government
Building that presents a project-specific potentially significant
adverse traffic impact may be approved by the Planning Commission
following the adoption of a Statement of Overriding Considerations
in the manner authorized by CEQA.
10. Government Displacement Project. A
Government Displacement Floor Area Project that presents a project-specific
potentially significant adverse traffic impact may be approved by
the Planning Commission following the adoption of a Statement of Overriding
Considerations in the manner authorized by CEQA.
11. Hotel Room for Room Replacement. An
on-site Hotel Room for Room Replacement that presents a project-specific
potentially significant adverse traffic impact may be approved by
the Planning Commission following the adoption of a Statement of Overriding
Considerations in the manner authorized by CEQA.
12. Public Utility Facilities. A Public
Utility Facility that presents a project-specific potentially significant
adverse traffic impact may be approved by the Planning Commission
following the adoption of a Statement of Overriding Considerations
in the manner authorized by CEQA.
13. New Vehicle Sales Project. A New Vehicle
Sales Project that presents a project-specific potentially significant
adverse traffic impact may be approved by the Planning Commission
following the adoption of a Statement of Overriding Considerations
in the manner authorized by CEQA.
C. Airport Development Area. If all of the floor area for a project
is proposed from a category or categories of development that are
available for allocation within the development area in which the
proposed project is located, the project's contribution to a significant
cumulative adverse traffic impact may be overridden by the Planning
Commission. Within the Airport Development Area, unless specifically
stated below, a project-specific potentially significant adverse traffic
impact may be overridden by the Planning Commission with the adoption
of a Statement of Overriding Considerations in the manner authorized
by CEQA. The following categories of nonresidential development are
available for allocation to real properties within the Airport Development
Area:
3. Prior-Approved Specific Plan Projects.
4. Minor Addition Floor Area.
5. Small Addition Floor Area.
7. Community Priority Projects.
8. Economic Development Projects.
9. Transfers of Existing Development Rights (including Hotel Room for
Room Replacements), as defined in Subsection 30.195.020.G, Transfer
of Existing Development Rights, from and to lots within the Airport
Development Area are available for allocation. No Receiving Site located
in the Airport Development Area may receive a Transfer of Existing
Development Rights (including Hotel Room for Room Replacements) from
a Sending Site that is located in another Development Area.
10. Substantial Redevelopment and Reconstruction of Existing Nonresidential
Floor Area on the same lot.
12. Government Displacement Projects.
13. Public Utility Facilities.