The purpose of this chapter is to establish standards for specific
uses and activities that are permitted or conditionally permitted
in several or all zones. These provisions are supplemental standards
and requirements to minimize effects of these uses and activities
on surrounding properties and to protect the health, safety, and welfare
of their occupants and of the general public.
Each land use and activity covered by this chapter shall comply
with the requirements of the section applicable to the specific use
or activity, in addition to any applicable standard this Title requires
in the zone where the use or activity is proposed and all other applicable
provisions of this Title.
A.
The
uses that are subject to the standards in this chapter shall be located
only where identified in this chapter or allowed by zone land use
regulations.
B.
The
uses that are subject to the standards in this chapter are allowed
only when authorized by the planning permit required by the applicable
zone regulations, such as a Conditional Use Permit, except where this
chapter establishes a different planning permit requirement for a
specific use.
A.
Defined. An accessory use shall be secondary to a primary
use on a lot and shall be allowed only in conjunction with a principal
use or building to which it relates under the same regulations as
the primary use in any zone, and subject to all of the following:
1.
Accessory uses shall be related to and serve the purpose of the primary
use.
2.
Accessory uses shall be incidental and subordinate to the primary
use, which can be demonstrated by elements including, but not limited
to: the floor area devoted to the use, the economic importance of
the use, or the number of customers/visitors generated by the use.
B.
Additional Requirements for Accessory Nonresidential Uses.
1.
Size. Unless otherwise allowed in this
Title, the aggregate floor area of nonresidential accessory uses per
building, structure, or tenant space is limited as follows:
a.
Building, structure, or tenant space floor area of 1,000 square feet
or less: Maximum 25% of the building, structure, or tenant space;
b.
Building, structure, or tenant space floor area of 1,001 to 3,000
square feet: Maximum 250 square feet or 15% of the building, structure,
or tenant space, whichever is greater; and
c.
Building, structure, or tenant space floor area of more than 3,000
square feet: Maximum 600 square feet or 10% of the building, structure,
or tenant space, whichever is greater.
d.
Additional square footage may be permitted pursuant to approval of
a Performance Standard Permit.
2.
Separation. Accessory uses shall be
physically separated from the primary use by a full-height wall or
other permanently affixed physical barrier.
3.
Parking. See Paragraph 30.175.040.B.4,
Parking for Accessory Uses. In their approval of a Performance Standard
Permit for additional square footage, the Review Authority may require
additional parking be provided for the accessory use.
Accessory dwelling units and junior accessory dwelling units
shall be located, developed, and occupied subject to the following
provisions:
A.
Purpose. The purpose of this section is to:
1.
Expand opportunities in the City to create additional housing to
suit the spectrum of individual lifestyles and space needs, allow
more efficient use of existing housing stock and public infrastructure,
and provide a range of housing opportunities.
2.
Allow accessory dwelling units or junior accessory dwelling units
as an accessory use to a primary residential unit, consistent with
California Government Code Section 65852.2 or 65852.22, as applicable.
3.
Promote accessory dwelling units or junior accessory dwelling units
with high-quality designs that are compatible with the surrounding
neighborhood, historic resources, and historic districts; preserve
the City's visual resources; promote long-term sustainability; and
contribute to a desirable living environment.
B.
Accessory Dwelling Unit.
a.
b.
Efficiency Kitchen.
Existing Floor Area.
Junior Accessory Dwelling Unit.
Passageway.
Primary Residential Unit.
Principal Place of Residence.
Definitions. For the
purposes of this section, the following words and phrases shall have
the following meanings:
An attached or a detached residential unit that provides
complete independent living facilities for one or more persons and
is located on a lot with a proposed or existing primary residential
unit. It shall include permanent provisions for living, sleeping,
eating, cooking, and sanitation and be located on the same parcel
that the primary residential unit is or will be situated. An accessory
dwelling unit can also be an efficiency unit, as defined in Section
17958.1 of the Health and Safety Code, or a manufactured home, as
defined in Section 18007 of the Health and Safety Code. The following
categories of accessory dwelling units are subject to specific development
standards:
Special Accessory Dwelling Unit. These are
specific types of smaller accessory dwelling units and junior accessory
dwelling units with certain size, height, and setback standards described
in subsection L, Development Standards for Special Accessory Dwelling
Units. Special accessory dwelling units allow for more than one accessory
dwelling unit on a lot.
Standard Accessory Dwelling Unit. These are
typically larger accessory dwelling units with size, height, and setback
standards generally described in subsection G, Development Standards
for Standard Accessory Dwelling Units. Standard accessory dwelling
units do not allow for more than one accessory dwelling unit on a
lot.
A kitchen that includes at a minimum:
A legally permitted building constructed on the site with
a final inspection or certificate of occupancy as of the date of application
submittal, that conforms to current zoning standards or is legal nonconforming
as to current zoning standards.
A unit that is no more than 500 square feet in size and contained
entirely within the structure of an existing or proposed single residential
unit. A junior accessory dwelling unit may include separate sanitation
facilities or may share sanitation facilities with the existing or
proposed single residential unit and includes an efficiency kitchen.
A pathway that is unobstructed clear to the sky and extends
from a street to one entrance of the accessory dwelling unit.
The existing or proposed residential unit on a lot on which
an accessory dwelling unit or junior accessory dwelling unit is permitted.
The primary residential unit shall comprise one of the residential
housing types described in Section 30.295.020.A (i.e., single-unit
residential, two-unit residential, multi-unit residential) or mixed-use
development.
The residence where a property owner actually lives for the
greater part of time, or the place where the property owner remains
when not called elsewhere for some special or temporary purpose and
to which the property owner returns frequently and periodically, as
from work or vacation. There may be only one "principal place of residence,"
and where more than one residence is maintained or owned, the burden
shall be on the property owner to show that the primary residential
unit, or accessory dwelling unit, or junior accessory dwelling unit
is the property owner's principal place of residence as evidenced
by qualifying for the homeowner's tax exemption, voter registration,
vehicle registration, or similar methods that demonstrate owner-occupancy.
If multiple persons own the property as tenants in common or some
other form of common ownership, a person or persons representing at
least 50% of the ownership interest in the property shall reside on
the property and maintain the property as a principal place of residence.
Any person or persons who qualify for the homeowner's tax exemption
under the California State Board of Equalization rules may qualify
as an owner occupant.
C.
Where Permitted.
1.
Accessory Dwelling Unit. An accessory
dwelling unit may be permitted in any zone that allows residential
use, located on a lot developed or proposed to be developed with one
or more residential units, except as prohibited below.
2.
Junior Accessory Dwelling Unit. A junior
accessory dwelling unit may be permitted in any zone that allows residential
use and shall be located on a lot developed with an existing or proposed
single residential unit.
3.
Prohibited Locations. No standard accessory
dwelling unit shall be permitted on a lot located within the Foothill
or Extreme Foothill High Fire Hazard Areas (Very High Fire Hazard
Severity Zone) as defined in the City's Community Wildfire Protection
Plan adopted by City Council.
a.
Exception for Special Accessory Dwelling Units. Accessory dwelling units permitted in accordance with all the configuration, standards, and special procedures outlined in subsection L, Development Standards for Special Accessory Dwelling Units, may be permitted on any lot, including lots located within the Foothill or Extreme Foothill High Fire Hazard Areas (Very High Fire Hazard Severity Zone), if the lot is zoned to allow for residential use and contains an existing or proposed primary residential unit.
D.
Unit Configuration.
1.
Only one accessory dwelling unit or junior accessory dwelling unit shall be permitted on a lot in addition to the primary residential unit in the configuration set forth in subsections D.2 and 3, below. However, multiple accessory units may be permitted in accordance with all the configuration, standards, and special procedures outlined in subsection L, Development Standards for Special Accessory Dwelling Units.
2.
An accessory dwelling unit may be permitted in the following configurations:
a.
Incorporated entirely within an existing or proposed primary residential
unit;
b.
Incorporated entirely within an existing accessory building, including
garages, located on the same lot as the primary residential unit;
c.
Attached to or increasing the size of an existing primary residential
unit or accessory building located on the same lot as the primary
residential unit; or
d.
Detached from and located on the same lot as the existing or proposed
primary residential unit. An accessory dwelling unit that is attached
to another detached accessory building, but not the primary residential
unit, or is attached by a breezeway or porch, is considered detached.
3.
A junior accessory dwelling unit must be incorporated entirely within
the existing floor area of an existing or proposed single residential
unit or attached garage.
4.
One primary residential unit shall be designated and maintained on
a lot on which an accessory dwelling unit or junior accessory dwelling
unit is permitted. In the case when multiple residential units are
existing or proposed on a lot, there shall be only one primary residential
unit. When an accessory dwelling unit is to be attached to a residential
unit, the residential unit the accessory dwelling unit is attached
to shall be the designated primary residential unit.
E.
Sale, Rental, and Occupancy Terms. All accessory dwelling
units and junior accessory dwelling units shall be subject to the
following sale, rental, and occupancy terms:
1.
Not to Be Sold Separately. An accessory
dwelling unit or junior accessory dwelling unit shall not be sold
separately from the primary residential unit.
2.
Rental Terms. If rented, rental terms
for the primary residential unit, accessory dwelling unit, or junior
accessory dwelling unit shall not be less than 31 consecutive days,
nor shall rental terms allow termination of the tenancy prior to the
expiration of at least one 31-day period occupancy by the same tenant.
3.
Owner Occupancy. The following types
of projects are subject to an owner occupancy requirement:
a.
All lots developed with junior accessory dwelling units; except that
owner occupancy shall not be required if the owner is another governmental
agency, land trust, or housing organization.
b.
Any accessory dwelling unit located in an RS zone submitted on or
after January 1, 2025, unless otherwise prohibited by state law, or
upon repeal of Government Code Section 65852.2(a)(8)(B) removing the
state-imposed prohibition of an owner occupancy requirement, whichever
occurs first.
4.
Owner's Unit. If owner occupancy is
required, the property owner shall reside in and maintain either the
primary residential unit or the accessory dwelling unit/junior accessory
dwelling unit, as the property owner's principal place of residence
("owner's unit"). Owners of lots developed with an accessory dwelling
unit/junior accessory dwelling unit shall live on the lot as long
as the lot is developed with an accessory dwelling unit/junior accessory
dwelling unit. Owners may redesignate the primary residential unit
or the accessory dwelling unit/junior accessory dwelling unit as the
owner's unit upon written notice to the Community Development Director
and written approval of the redesignation by the Community Development
Director, which approval shall not be denied unreasonably. If owner
occupancy is required, the property owner shall not rent or lease
both the primary residential unit and the accessory dwelling unit/junior
accessory dwelling unit simultaneously.
5.
Hardship Waiver. If owner occupancy
is required, in the event of a hardship, such as the death or disability
of the property owner, job transfer, or similar significant personal
situation which prevents the property owner from occupying one of
the units as the owner's unit, a property owner or estate representative
may apply for a temporary waiver of the owner-occupation requirement
for a specific time period to allow the owner's unit to be occupied
by a non-property owner pending disposition of the property through
probate or non-probate transfer to a new owner, or the cessation of
the circumstances preventing the property owner from occupying the
owner's unit on the property. The Community Development Director shall
review applications for a hardship waiver. Any such waiver shall specify
the period of time for which it is granted, provided that no such
waiver may be granted for a period longer than three years.
6.
Removal of Recorded Owner Occupancy Requirement. With the exception of owner occupancy covenants required
to permit a junior accessory dwelling unit, the Community Development
Director will, in a form acceptable to the City Attorney, release
an owner occupancy requirement recorded against the property prior
to January 1, 2020, upon the request of the property owner. No other
covenants required pursuant to this section, and contained in the
agreement recorded against the property, shall be released.
F.
Required Features. Each accessory dwelling unit and junior
accessory dwelling unit shall contain, at a minimum, the following
features:
1.
Residential Elements. Permanent provisions
for separate residential occupancy must be provided as follows within
the contiguous livable floor space of the accessory dwelling unit
or junior accessory dwelling unit and must be independent from the
primary residential unit:
a.
A kitchen, consisting of a sink, cooking appliance, and refrigeration
facilities. A junior accessory dwelling unit may utilize an efficiency
kitchen.
b.
A bathroom consisting of a toilet, sink, and bathtub or shower. A
junior accessory dwelling unit may share sanitation facilities with
the existing or proposed single residential unit.
c.
A separate living room.
d.
A separate sleeping room, except in studio residential units, where
a living room is considered a sleeping room.
2.
Minimum Floor Area. Notwithstanding the dwelling unit minimum described in Section 30.140.150, Residential Unit, the minimum floor area for a newly constructed accessory dwelling unit is as follows:
a.
Efficiency Unit: 150 square feet.
b.
Studio Unit: 220 square feet.
c.
All Other Units: 400 square feet.
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Such usable floor area shall be exclusive of open porches, garages,
basements, cellars, and unfinished attics. The minimum floor area
for accessory dwelling units that are created by converting existing
structures is 150 square feet and must meet the definition of an efficiency
unit.
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3.
Exterior Access. Exterior access to
the unit, that is independent from the primary residential unit, must
be provided. An interior connection consisting of one lockable door
between the primary residential unit and an accessory dwelling unit
or junior accessory dwelling unit may be provided.
4.
Fire Sprinklers. Fire sprinklers are
required only if they are required for the primary residential unit.
The construction of an accessory dwelling unit shall not trigger a
requirement for fire sprinklers to be installed in the existing primary
residential unit.
5.
Permanent Foundation. Attached and
detached units shall be constructed with an approved permanent foundation.
6.
Property Addresses. Addresses identifying
all residential units on the lot, with minimum three-and-one-half-inch
numbers plainly visible from the street or road fronting the property
shall be provided.
7.
Public Sewer. Accessory dwelling units
and junior accessory dwelling units shall be connected to a public
sewer. If public sewer connection is not available, approval of a
new or expanded onsite wastewater treatment system shall be required
in accordance with the procedures from the Code of the County of Santa
Barbara, California, prior to issuance of a building permit.
8.
Water Meter. Accessory dwelling units shall comply with the water metering requirements of Title 14, Section 14.08.150.E.
9.
Passageway. No passageway is required
in conjunction with the construction of an accessory dwelling unit
or junior accessory dwelling unit.
G.
Development Standards for Standard Accessory Dwelling Units.
1.
Development Standards Generally. The development standards listed in this section apply to standard accessory dwelling units and junior accessory dwelling units, except for those units permitted in accordance with all the configuration, standards, and special procedures outlined in subsection L, Development Standards for Special Accessory Dwelling Units.
a.
The reductions and exceptions to the development standards normally
applicable to residential development allowed in this section are
for the express purpose of promoting the development and maintenance
of an accessory dwelling unit on the lot. If for any reason the accessory
dwelling unit is not maintained on the lot in conformance with this
section, the lot shall be brought into compliance with all of the
requirements for the residential development, or with the legal nonconforming
condition of the lot prior to the development of the accessory dwelling
unit, including, but not limited to, the requirements for open yard,
setbacks, and covered parking.
b.
Except as otherwise specified in this subsection, projects developed
in accordance with this section shall otherwise comply with the development
standards applicable to an attached or detached accessory building
for the housing type and the base zone in which the lot is located.
c.
One primary residential unit shall be designated on a lot on which
an accessory dwelling unit or junior accessory dwelling unit is permitted.
d.
A maximum 800-square-foot attached or detached standard accessory
dwelling unit with four-foot interior setbacks may be constructed
in compliance with all other development standards for standard accessory
dwelling units, notwithstanding size based on a percentage of the
proposed or existing primary dwelling, or limits on lot coverage,
floor area ratio, open space, front setback, and minimum lot size.
2.
Maximum Floor Area. The maximum floor
area for a standard accessory dwelling unit and junior accessory dwelling
unit is as follows:
a.
Attached Accessory Dwelling Unit. An accessory dwelling
unit that is attached to, and increasing the size of, the primary
residential unit shall not exceed 50% of the living area of the existing
primary residential unit.
b.
Converted Accessory Dwelling Unit. An accessory
dwelling unit that is incorporated entirely within an existing primary
residential unit, or within an existing accessory building, is not
limited in size except that it shall not exceed the footprint of the
existing structure.
c.
Detached Accessory Dwelling Unit. An accessory dwelling
unit that is detached from the primary residential unit and may or
may not be attached to another detached accessory building, including
detached garages, shall not exceed the following maximum floor area
based on lot size and number of bedrooms:
d.
Junior Accessory Dwelling Unit. The maximum floor
area of a junior accessory dwelling unit shall be 500 square feet.
3.
Building Separation. The minimum separation
between the primary residential unit and a detached accessory dwelling
unit shall be five feet.
4.
Open Yard. No open yard areas are required
for accessory dwelling units or junior accessory dwelling units. A
new standard accessory dwelling unit may encroach into the open yard
required pursuant to Section 30.140.140.C, Open Yards, for the existing
or proposed primary residential unit on lots developed with single-unit
or two-unit residential, provided all other open yard requirements
are met, and the following minimum area and dimensions are provided:
b.
Minimum Dimensions. 15 feet long and 15 feet wide.
c.
Location in Driveways and Turnarounds. Notwithstanding
Section 30.140.140.E.6.a, Vehicle Areas, the required open yard may
be located in driveways and turnarounds, but not parking areas, in
order to allow the construction of a new accessory dwelling unit.
d.
Accessory Dwelling Unit Over a Detached Garage. A
standard accessory dwelling unit constructed entirely over a new or
reconstructed detached garage may also encroach into the required
open yard as described above, provided that the area of the garage
does not exceed a maximum of 500 square feet, plus up to 150 square
feet may be allowed for other uses such as an enclosed stairway, storage,
workshop, or laundry area, which may be used for either unit. Garage
and accessory areas shall comply with all other development standards,
such as setbacks and maximum floor area, applicable to a detached
accessory building for the housing type and the base zone in which
the lot is located.
5.
Setbacks. The following setbacks shall
apply to new and converted standard accessory dwelling units approved
pursuant to this subsection:
a.
New Construction. Newly constructed accessory dwelling
units shall comply with the following setback standards:
b.
Conversion. No setback is required to convert the existing, legally permitted, floor area of a main or accessory building to an accessory dwelling unit. Improvements to existing nonconforming buildings, including conforming additions, are allowed pursuant to Chapter 30.165, Nonconforming Structures, Site Development, and Uses.
c.
Substantial Redevelopment. No setback is required
when an existing main or accessory building is substantially redeveloped
and converted to an accessory dwelling unit, provided that the new
building is reconstructed in the same location and with the same dimensions
and floor area as the existing building.
i.
Exception for Small Conforming Additions. One small 150-square-foot
conforming first floor addition may be permitted on a substantially
redeveloped and converted nonconforming accessory building.
d.
New Construction Combined with Replacement of a Nonconforming
Garage. The construction of an accessory dwelling unit may
be combined with the demolition and replacement of a nonconforming
detached garage if all of the following requirements are met:
i.
The new garage is reconstructed in the same location and with the
same dimensions as the existing garage; or
ii.
The new garage is enlarged or altered in size only as necessary to
provide the same number of parking spaces and to meet the dimension
requirements of the City of Santa Barbara Access and Parking Design
Standards, but located no closer to the property line as the existing
garage; and
iii.
The accessory dwelling unit is constructed above or attached
to the reconstructed garage; and
iv.
Any additions, which may include the accessory dwelling unit or any
additions to the garage for other structures or uses shall conform
with current setbacks and other development standards of this title;
v.
The new structure shall comply with all applicable height and building
story limitations, and all other development standards are met.
e.
Setback Encroachments. Setback encroachments allowed pursuant to Section 30.140.090, Encroachments into Setbacks and Open Yards, may be permitted for accessory dwelling units or junior accessory dwelling units.
H.
Architectural Review. All accessory dwelling units or junior
accessory dwelling units shall be subject to the following architectural
design criteria as applicable to either new construction or exterior
alterations, which shall be reviewed ministerially by the Community
Development Director. For purposes of this section, portions of a
building or site considered to be the accessory dwelling unit shall
include all of the contiguous interior livable floor area of the accessory
dwelling unit and any exterior alterations directly attached to, and
integral to, the livable floor area of the accessory dwelling unit.
1.
Prohibition of Shiny Roofing and Siding. New roofing and siding materials that are shiny, mirror-like, or
of a glossy metallic finish are prohibited.
2.
Roof Tile. Where a new clay tile roof
is proposed, the use of two-piece terra cotta (Mission "C-tile") roof
is required and "S-tile" is prohibited, unless necessary to match
the S-tile roof materials of the existing primary residential unit.
3.
Skylights. New skylights shall have
flat glass panels. "Bubble" or dome type skylights are not allowed.
4.
Glass Guardrails. New glass guardrails
are not allowed, unless necessary to match the glass guardrails of
the existing primary residential unit.
5.
Garage Conversion. If a garage is converted
to an accessory dwelling unit, the garage door opening shall be replaced
with exterior wall coverings, or residential windows and doors, to
match the existing exterior garage wall covering and detailing.
6.
Grading. No more than 250 cubic yards
of grading (i.e., cut and/or fill under the main accessory dwelling
unit building footprint and outside the main building footprint to
accommodate the accessory dwelling unit) is proposed in the Hillside
Design District or on lots in other parts of the City with a slope
of 15% or greater.
7.
Height. Building heights shall not exceed the maximum height or number of stories allowed for a detached or attached accessory building in the zone and are limited in accordance with Section 30.140.170, Solar Access Height Limitations. In addition, the construction of an accessory dwelling unit shall not exceed the following, whichever is greater:
a.
Height of the primary residential unit; or
b.
Number of stories of the primary residential unit; or
c.
18 feet for a detached standard or special accessory dwelling unit;
an additional two feet in height is allowed if necessary to match
the roof pitch and height of the primary residential unit; or
d.
25 feet for an attached standard accessory dwelling unit; or
e.
Up to the maximum height allowed in the zone for a standard accessory
dwelling unit constructed entirely over a new or reconstructed detached
garage that meets all of the criteria in subsection G.4.d, above.
8.
Front Yard Location. The construction
of a new detached accessory dwelling unit located in the front yard
shall be subject to all of the following:
a.
The new accessory dwelling unit must be located a minimum of 20 feet
back from all front lot lines or meet the minimum front setback for
the zone in which the lot is located, whichever is greater.
b.
Unless constructed entirely over an existing, new, or reconstructed
detached garage that meets all of the criteria in subsection G.4.d,
above, the new unit shall be:
i.
No more than one story; and
ii.
Less than 18 feet in height; an additional two feet in height is
allowed if necessary to match the roof pitch and height of the primary
residential unit; and
iii.
Screened by topography, location, or landscape so as to minimize
visibility of the accessory dwelling unit to the casual observer as
viewed from the street.
9.
Design Style. New detached or attached
accessory dwelling units shall be constructed using the same architectural
style, roof pitch, exterior building materials, colors, and finishes
as the primary unit if the accessory dwelling unit meets any of the
following:
a.
Attached to, or if any portion of the accessory dwelling unit is
located within 20 feet of, the primary residential unit;
b.
Located in the Hillside Design District and 20% or greater average
slope;
c.
Two or more stories tall, or 18 feet or taller in building height;
e.
Located in the front yard.
10.
Privacy Standards. The construction
of an accessory dwelling unit where any portion of the proposed construction
is either: two or more stories tall or 18 feet or taller in building
height, shall comply with the following:
a.
Upper story unenclosed landings, decks, and balconies greater than
20 square feet, that face or overlook the adjoining property, shall
be located a minimum of 15 feet from the interior lot lines.
b.
Upper story unenclosed landings, decks, and balconies, that do not
face or overlook the adjoining property due to orientation or topography,
may be located at the minimum interior setback line if an architectural
screening element such as enclosing walls, trellises, awnings, or
perimeter planters with a five-foot minimum height is incorporated
into the unenclosed landing, deck, or balcony.
c.
Upper story windows that face or overlook the adjoining property,
located within 15 feet of the interior lot lines, shall be installed
a minimum of 42 inches above finish floor.
11.
Exceptions. Discretionary applications
for design review may be requested in the following circumstances:
a.
An applicant may propose an accessory dwelling unit that does not
meet these design criteria subject to approval by the Single Family
Design Board, Architectural Board of Review, or Historic Landmarks
Commission, as appropriate.
I.
Protection for Historic Resources. No accessory dwelling unit
or junior accessory dwelling unit shall be permitted if the proposal
would cause a substantial adverse change in the significance of a
historical resource listed on the National Register of Historic Places
or the California Register of Historical Resources, designated as
a City of Santa Barbara Landmark or Structure of Merit, or located
in a designated historic district. The Community Development Director
shall make this determination by reviewing the proposal for compliance
with appropriate Secretary of Interior's Standards for the
Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating,
Restoring and Reconstructing Historic Buildings.
J.
Parking Standards. No automobile parking spaces are required
for accessory dwelling units or junior accessory dwelling units. The
required parking for the existing residential units on site may be
reduced or replaced as follows to construct an accessory dwelling
unit:
1.
No Replacement Parking Required. When
an existing garage, carport, or other covered parking structure is
converted to an accessory dwelling unit or demolished in order to
construct an accessory dwelling unit, those off-street parking spaces
for the existing residential unit are not required to be replaced.
2.
Optional Parking Standards. If optional
new or replacement parking spaces are proposed for either the primary
residential unit or the accessory dwelling unit, those spaces may
be provided as covered, uncovered, in a mechanical lift, or in a tandem
configuration pursuant to subsection J.2.f below. The new or replacement
spaces shall meet all of the following:
a.
Covered parking shall meet the development standards applicable to
the primary residential unit within the zone in which the lot is located.
b.
All parking spaces must meet the minimum dimensions and development standards consistent with the City Parking Access and Design Standards and Section 30.175.090, Parking Area Design and Development Standards.
c.
In order to maintain visibility for adjacent driveways and intersections, uncovered parking spaces shall comply with Section 30.140.230, Visibility at Driveways and Intersections.
d.
New or replacement uncovered parking spaces may be allowed in a front
or interior setback, provided all uncovered parking spaces are contained
within the area of an existing paved driveway and no increase to paved
areas occurs in the setbacks.
e.
New uncovered parking spaces that are not within an existing paved
driveway, as described above, may be located in a new paved area three
feet from any interior lot line, provided a minimum of three feet
in width of planting area is provided for the length of the paved
parking area along the interior lot line, if the paved parking area
is parallel to the interior lot line.
f.
Tandem parking configuration shall meet all of the following:
i.
No more than two automobiles shall be placed one behind the other.
ii.
Both automobile parking spaces parked in tandem shall be assigned
to the same residential unit.
iii.
Vertical or stackable tandem parking, provided by means of mechanical lifts, is subject to approval by the Public Works Director. Mechanical lifts shall be fully enclosed within a structure and shall require a recorded maintenance agreement, pursuant to Chapter 30.260, Recorded Agreements.
iv.
Tandem parking in multi-unit and commercial zones is subject to approval
by the Public Works Director.
v.
Tandem parking shall not create traffic safety issues as determined
by the Public Works Director.
K.
High Fire Hazard Area Standards. All accessory dwelling units
or junior accessory dwelling units located in any High Fire Hazard
Area including the Coastal, Coastal Interior, Foothill and Extreme
Foothill Areas, as defined in the City's Community Wildfire Protection
Plan (High or Very High Fire Hazard Severity Zone), shall comply with
the following standards as applicable to new construction or parking:
1.
No Tandem Parking. No parking space
shall be developed in a tandem configuration.
2.
High Fire Construction. The accessory
dwelling unit shall be designed to meet high fire construction standards
adopted or enforced by the City, as determined by the Chief Building
Official or the Fire Code Official.
3.
No Variance or Modification. No variance
or modification to any Fire Code requirements or high fire construction
standards shall be permitted.
4.
Defensible Space. The site must meet defensible space requirements, pursuant to Chapter 8.04 of this Code, prior to occupancy and those requirements must be maintained.
5.
Parking. No parking is required for
studio units; one covered or uncovered automobile parking space per
unit is required for all other accessory dwelling units, unless the
unit is exempt from parking per one of the exceptions outlined below.
Parking spaces shall meet all of the same parking standards required
for the primary residential unit as described in subsection J.2, Optional
Parking Standards.
a.
Parking Exceptions for Certain Accessory Dwelling Units. Automobile parking is not required for an accessory dwelling unit,
in any of the following instances:
i.
The accessory dwelling unit is located within a walking distance
of one-half mile of a public transit stop, such as a bus stop or train
station.
ii.
The accessory dwelling unit is located within an architecturally
and historically significant historic district. For purposes of this
provision, El Pueblo Viejo Landmark District, Brinkerhoff Avenue Landmark
District, Riviera Campus Historic District, and the El Encanto Hotel
Historic District, constitute architecturally and historically significant
historic districts within the City and any district hereafter created
deemed to be architecturally and historically significant.
iii.
The accessory dwelling unit is contained entirely within the
permitted floor area of the existing primary residential unit or an
existing accessory building.
iv.
When on-street parking permits are required but not offered to the
occupant(s) of the accessory dwelling unit.
L.
Development Standards for Special Accessory Dwelling Units.
1.
Development Standards Generally. The
development standards listed in this section apply to specific types
of small accessory dwelling units and junior accessory dwelling units
with certain size, height, and setback standards that, if followed,
allow for an accessory dwelling unit to be permitted on lots in a
Fire Hazard Area, or more than one accessory dwelling unit on a lot,
and allows additional reductions and exceptions to development standards
for open yard and maximum floor area. Applications utilizing the special
standards described in this section may not utilize the less restrictive
configuration, size, and height standards allowed under another section
to achieve a larger unit or more than one unit.
a.
Any reductions and exceptions in this section are for the express
purpose of promoting the development and maintenance of a special
accessory dwelling unit or junior accessory dwelling unit on the lot.
If for any reason the special accessory dwelling unit or junior accessory
dwelling unit is no longer maintained on the lot, the lot shall be
brought into compliance with all of the requirements for the remaining
residential development, or with the legal nonconforming condition
of the lot prior to the development of the accessory dwelling unit
or junior accessory dwelling unit.
b.
Except as otherwise specified in this section, projects developed
in accordance with this chapter shall otherwise comply with the development
standards applicable to the housing type and base zone in which the
lot is located.
2.
Configuration – Single Unit Lots. A lot developed with only one existing or proposed single-unit residence,
may permit one of the following types of special accessory dwelling
units:
a.
Converted Portion of Main Building. Only one accessory
dwelling unit or junior accessory dwelling unit contained entirely
within the existing, legally permitted, fully enclosed livable floor
area of the existing or proposed primary residential unit; or
b.
Converted Accessory Building. Only one accessory
dwelling unit contained entirely within the existing, legally permitted,
fully enclosed floor area of a garage or other accessory building
on the same lot as the primary residential unit, plus one 150-square-foot
conforming first floor addition, if the expansion is limited to accommodating
ingress and egress; or
c.
One Unit – New Construction. One newly constructed
accessory dwelling unit, detached from any other main or accessory
building; or
d.
Two Units – Combination. One junior accessory
dwelling unit contained entirely within the existing, legally permitted,
fully enclosed livable floor area of the existing or proposed primary
residential unit, plus one newly constructed or converted special
accessory dwelling unit.
3.
Configuration – Two-Unit, Multi-Unit, or Mixed-Use
Lots. A lot developed with two or more existing or
proposed residential units, or one or more existing or proposed residential
units in a mixed-use development, may permit one of the following
types of special accessory dwelling units:
a.
Converted Non-Livable Space. Up to two accessory
dwelling units, or up to 25% of the existing number of residential
units on a lot, whichever is greater, may be converted on a lot if
contained entirely within portions of existing, legally permitted,
fully enclosed floor area of a residential or mixed-use structure,
or detached accessory structure, that is not used as livable space,
including, but not limited to, storage rooms, boiler rooms, passageways,
attics, basements, upper-floor commercial areas, attached or detached
carports, or garages; or
b.
Two Units – New Construction. No more than
two newly constructed accessory dwelling units, detached from the
main or accessory building.
c.
Two Unit – Combination. One accessory dwelling
unit contained entirely within the existing, legally permitted, fully
enclosed non-livable floor area of a residential or mixed-use structure,
or detached accessory structure; plus, one newly constructed accessory
dwelling unit, detached from any other main or accessory building.
4.
Maximum Floor Area.
a.
Detached Accessory Dwelling Unit. The maximum floor
area of any detached, new construction, special accessory dwelling
unit approved pursuant to this subsection is 800 square feet.
b.
Converted Accessory Dwelling Unit. An accessory
dwelling unit that is incorporated entirely within portions of existing
floor area, approved pursuant to this subsection, is not limited in
size.
c.
Junior Accessory Dwelling Unit. The maximum floor
area of a junior accessory dwelling unit shall not exceed 500 square
feet.
5.
Maximum Height – Detached Accessory Dwelling
Unit. The maximum building height of a detached, new
construction, special accessory dwelling unit approved pursuant to
this subsection is 18 feet and one story, and may be an additional
two feet in height if necessary to match the roof pitch and height
of the primary residential unit; unless the lot is within the Foothill
or Extreme Foothill High Fire Hazard Areas (Very High Fire Hazard
Severity Zone) and not within one-half mile walking distance of a
major transit stop or a high-quality transit corridor, as those terms
are defined in Section 21155 of the Public Resources Code, in which
case the special accessory dwelling unit is limited to 16 feet in
height and one story.
6.
Exempt from Other Size and Location Limitations. A special accessory dwelling unit or junior accessory dwelling
unit in compliance with this subsection is exempt from other size
or location limitations in this title based on a percentage of the
proposed or existing primary dwelling, or limits on lot coverage,
floor area ratio, open yard, front setback, and minimum lot size.
M.
Building Permit Required. All accessory dwelling units and
junior accessory dwelling units shall comply with applicable state
and local building codes and shall require approval of a building
permit.
1.
Change in Occupancy. The construction
of an accessory dwelling unit shall not constitute a Group R occupancy
change, as described in Section 310 of the California Building Code
(Title 24 of the California Code of Regulations), unless the Building
Official finds that the construction of the accessory dwelling unit
could have a specific, adverse impact on public health and safety.
This clause does not apply when changing the occupancy code of a space
that was unhabitable space or was only permitted for nonresidential
use and was subsequently converted for residential use.
2.
Review of Applications. Applications for a permit to create an accessory dwelling unit or junior accessory dwelling unit shall be processed pursuant to Chapter 30.205, Common Procedures, and the specific requirements of this section. The City shall ministerially approve or disapprove a complete building permit application for an accessory dwelling unit or junior accessory dwelling unit in compliance with time periods established by state law. If the City disapproves an application for an accessory dwelling unit or junior accessory dwelling unit, the City shall return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.
3.
Pre-Existing Violations. The City shall
not disapprove an application to create an accessory dwelling unit
or junior accessory dwelling unit solely due to the correction of
nonconforming zoning conditions, building code violations, or unpermitted
structures that do not present a threat to public health and safety
and are unrelated to the construction of the accessory dwelling unit
or junior accessory dwelling unit. However, any approvals granted
under this section shall not constitute authorization for continuation
of the violation, or waiver of or estoppel against any future enforcement
action.
4.
Combined Permits. An accessory dwelling
unit or junior accessory dwelling unit permit shall not be combined
with a permit for other proposed construction on the site unrelated
to the accessory dwelling unit or junior accessory dwelling unit;
except that:
a.
Demolition permits for a detached garage that is to be replaced with
an accessory dwelling unit may be reviewed with the application for
the accessory dwelling unit and issued at the same time; and
b.
A permit application for an accessory dwelling unit or junior accessory
dwelling unit may be submitted at the same time as a permit application
for a new primary residential unit; however, approval of the permit
for the accessory dwelling unit or junior accessory dwelling unit
application shall be delayed until the permit for the primary residential
unit has been approved and issued. A certificate of occupancy/final
inspection for an accessory dwelling unit shall not be issued before
a certificate of occupancy/final inspection is issued for the primary
residential unit.
5.
Modifications and Minor Zoning Exceptions for Accessory
Dwelling Units or Junior Accessory Dwelling Units. An accessory dwelling unit or junior accessory dwelling unit that is not in compliance with the development standards of this section may be granted a modification or minor zoning exception if all the required findings can be met, pursuant to the procedures outlined in Chapter 30.250, Modifications, or Chapter 30.245, Minor Zoning Exceptions.
6.
Posted Sign. Within five calendar days
after submitting an initial building permit application to the City,
the property owner shall install a public notice in the form of a
posted sign on the property in a manner deemed acceptable by the Community
Development Director, as follows:
a.
The sign shall remain posted until a building permit is issued, or
the application expires or is withdrawn.
b.
At the time of application submittal, the applicant shall sign an
affidavit stating that the required sign will be posted per this subsection.
c.
The validity of the permit shall not be affected by the failure of
any property owner, resident, or neighborhood or community organization
to receive this notice.
d.
The requirement for a posted sign does not apply to a project that
only includes the demolition of a detached garage that is to be replaced
with an accessory dwelling unit, unless the property is located within
an architecturally and historically significant historic district.
N.
Recorded Agreement. Before obtaining a building permit for an accessory dwelling unit or junior accessory dwelling unit, the property owner shall execute an agreement, pursuant to Chapter 30.260, Recorded Agreements, containing a reference to the deed under which the property was acquired by the present owner which outlines the requirements regarding the sale, rental, and owner occupancy of lots developed with accessory dwelling units and junior accessory dwelling units as specified in subsection E of this section.
O.
Residential Density. An accessory dwelling unit or junior
accessory dwelling unit is a residential use that is consistent with
the existing General Plan designations and zoning for lots within
the allowable residential zones. Any accessory dwelling unit or junior
accessory dwelling unit permitted pursuant to this section does not
exceed the allowable density for the lot upon which the accessory
dwelling unit or junior accessory dwelling unit is located.
(Ord. 5834, 2018; Ord. 5974, 2020; Ord. 6103 §1, 2023)
Where a lot in an RS Zone has an area of more than the required
lot area for that zone and adequate provisions for ingress and egress,
a Performance Standard Permit may be granted by the Staff Hearing
Officer for the construction of additional single-unit residence(s)
and allowable accessory buildings.
A.
Minimum Site Area. The minimum site area per residential unit
shall be the minimum lot area required for the applicable zone.
B.
Configuration. Residential units shall be detached; a duplex
configuration is not permitted.
C.
Setbacks. The additional residence(s) shall comply with the
residential setback provisions of the applicable zone. However, the
front yard is determined to end at the first main building on the
lot.
D.
Maximum Floor Area (Floor to Lot Area Ratio). The maximum
floor area for each residential unit shall be determined by dividing
the total net lot area by the total number of residential units, and
the result shall be the hypothetical net lot area per unit. The hypothetical
net lot area for each residential unit shall be used to determine
conformance with the maximum floor area requirements in Table 30.20.030.A:
Development Standards–Residential Single Unit Zones.
E.
Open Yard. Open yards in conformance with the open yard requirements for a single-unit residence pursuant to Section 30.140.140, Open Yards, shall be provided for each residential unit.
F.
Parking. Required parking shall be provided for each residential
unit. Eligibility for covered parking exceptions pursuant to Section
30.175.030.N, Covered Parking, is based on the Maximum Floor Area
(Floor to Lot Area Ratio) for each residential unit rather than the
lot.
G.
Accessory Buildings. Each residential unit may have up to the maximum amount of accessory building floor area as permitted by Section 30.140.020, Accessory Buildings; however, the maximum accessory building floor area may not be combined to create one building larger than is permitted by that section.
A.
Purpose.
1.
It is the purpose of this section to regulate adult entertainment
businesses to promote the health, safety and welfare of the citizens
of the City of Santa Barbara and to establish reasonable and uniform
regulations to prevent the concentration of adult entertainment businesses
within the City. In adopting this section, it is recognized that certain
types of adult entertainment businesses possess certain characteristics
which, when concentrated, can have a deleterious effect upon adjacent
areas. It is also recognized that locating the adult entertainment
businesses covered by this chapter in the vicinity of facilities frequented
by minors will cause the exposure of minors to adult material which,
because of their immaturity, may adversely affect them. Special regulation
of these uses is necessary to ensure that these adverse effects will
not contribute to the blighting or downgrading of the surrounding
neighborhood and to an adverse effect on minors. The uses subject
to these regulations are as follows:
2.
The purpose of this chapter is not to limit or restrict the content
of any communicative materials, including sexually oriented materials,
to restrict or deny access by adults to sexually oriented materials
protected by the United States or California Constitutions, or to
deny access by distributors and exhibitors of sexually oriented materials
and entertainment to their intended market.
B.
Adult Entertainment Business
a.
i.
ii.
iii.
b.
c.
d.
e.
i.
ii.
(1)
(2)
(3)
iii.
Employee.
Establish.
a.
b.
c.
d.
Operate.
Operator.
Public Park, Beach or Recreation Area.
Religious Institution.
Residential Zone.
School.
Sensitive Uses.
Specified Anatomical Areas.
Specified Sexual Activities.
a.
b.
c.
d.
e.
f.
g.
Definitions. For purposes of this section, the
following terms shall be defined as follows:
shall mean those businesses defined as follows:
Adult Bookstore, Adult Novelty Store, or Adult Video
Store is an establishment with a majority of its floor area
devoted to, or stock-in-trade consisting of, or gross revenues derived
from, and offering for sale for any form of consideration, any one
or more of the following:
Books, magazines, periodicals or other printed matter, photographs,
drawings, motion pictures, slides, films, tapes, video cassettes,
records, or other visual or audio representations which are characterized
by an emphasis upon the depiction or description of "specified sexual
activities" or "specified anatomical areas";
Instruments, devices or paraphernalia which are designed to
be used in connection with "specified sexual activities"; or
Goods which are replicas of, or which simulate "specified anatomical
areas," or goods which are designed to be placed on or in "specified
anatomical areas," or to be used in conjunction with "specified sexual
activities."
Adult Live Entertainment Theater
i.
means any place, building, enclosure or structure, partially
or entirely used for "live adult entertainment" performances or presentations
characterized by an emphasis on depicting, exposing, displaying, describing
or relating to "specified sexual activities" or "specified anatomical
areas" for observation by patrons therein.
"Live adult entertainment"
means any physical human body activity, whether performed
or engaged in alone or with other persons, including, but not limited
to, singing, walking, speaking, dancing, acting, posing, simulating,
wrestling or pantomiming, in which the performer or performers expose
to public view without opaque covering "specified anatomical areas"
for entertainment value for any form of consideration.
Adult Motion Picture or Video Arcade
means any business wherein coin, paper note or token operated,
or electronically, electrically, or mechanically controlled still
or motion picture machines, projectors, or other image-producing devices
are maintained to show images to four or fewer persons per machine,
at any one time, and where the predominant character or theme of the
images so displayed is distinguished or characterized by its emphasis
on matter depicting, or relating to "specified sexual activities"
or "specified anatomical areas."
Adult Motion Picture Theater
means any business, other than a hotel or motel, with the
capacity of five or more persons where, for any form of consideration,
films, motion pictures, video cassettes, slides, or similar photographic
reproductions in which the predominant character and theme is distinguished
or characterized by its emphasis on matter depicting, or relating
to "specified sexual activities" or "specified anatomical areas" as
defined in this section. This includes, without limitation, showing
any such slides, motion pictures or videos by means of any video tape
system which has a display, viewer, screen, or a television set.
Exception to Adult Entertainment Business. An
"Adult entertainment business" shall not include:
Bona fide medical establishments operated by properly licensed
and registered medical and psychological personnel with appropriate
medical or professional credentials for the treatment of patients.
Persons depicting "specified anatomical areas" in a modeling
class operated:
By a college, junior college, or university supported entirely
or partly by public revenue; or
By a private college or university which maintains and operates
educational programs in which credits are transferable to a college,
junior college, or university supported entirely or partly by public
revenue; or
In a structure operated either as a profit or not-for-profit
facility:
The practice of massage in compliance with Chapter 5.76 of the Santa Barbara Municipal Code.
"Employee" of an adult entertainment business shall mean
a person who works or performs in or for an adult entertainment business,
regardless of whether or not said person is paid a salary, wage or
other compensation by the operator of said business.
"Establish" shall mean and include any of the following:
The opening or commencement of any adult entertainment business
as defined in this section;
The conversion of an existing business, whether or not an adult
entertainment business, to any adult entertainment business as defined
in this section;
The relocation of any adult entertainment business; or
The expansion or enlargement of the premises by 15% or more
of the existing floor area as the area legally existed on March 1,
1994.
"Operate" shall mean to own, lease (as lessor or lessee),
rent (as landlord or tenant or as agent for the purpose of representing
a principal in the management, rental or operation of the property
of such principal), manage, conduct, direct, or be employed in an
adult entertainment business.
"Operator" shall mean and include the owner, custodian, manager
or person in charge of any adult entertainment business.
"Public Park, Beach or Recreation Area" shall mean public
land which has been designated for park, beach, recreational, or arts
activities including but not limited to a park, beach, playground,
nature trails, swimming pool, reservoir, athletic field, basketball
or tennis courts, pedestrian/bicycle paths, open space, wilderness
areas, or similar public land within the City which is under the control,
operation, or management of the City Department of Parks and Recreation.
"Recreation area" shall also include the Santa Barbara Zoological
Gardens, the Santa Barbara Museum of Art and the Santa Barbara Museum
of Natural History.
"Religious Institution" shall mean any church, synagogue,
mosque, temple, or building which is used primarily for religious
worship, religious education incidental thereto and related religious
activities.
"Residential Zone" shall mean property which has a zoning
designation of RS-1A, RS-25, RS-15, RS-10, RS-7.5, RS-6, R-2, R-M,
R-MH, or such other residential zones as may be created by ordinance,
or a Mobilehome Park or subdivision or Recreational Vehicle Park as
defined in this Title.
"School" shall mean any public or private educational facility
primarily attended by minors, including, but not limited to, large
family day care homes, nursery schools, preschools, kindergartens,
elementary schools, primary schools, intermediate schools, junior
high schools, middle schools, high schools, secondary schools, continuation
schools and special education schools. School includes the school
grounds, but does not include the facilities used primarily for another
purpose and only incidentally as a school.
"Sensitive Uses" shall include public parks, beaches or recreation
areas, religious institutions, residential zones and schools.
"Specified Anatomical Areas" shall include the following:
"Specified Sexual Activities" shall include the following:
Actual or simulated sexual intercourse, oral copulation and
intercourse, oral-anal copulation, bestiality, direct physical stimulation
of unclothed genitals, flagellation or torture in the context of sexual
relationship, or the use of excretory functions in the context of
a sexual relationship, and any of the following sexually oriented
acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus,
fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism,
zooerasty; or
Clearly depicted human genitals in a state of sexual stimulation,
arousal or tumescence; or
Human or animal masturbation, sodomy, oral copulation, coitus,
ejaculation; or
Fondling or touching of nude human genitals, pubic region, buttocks
or female breast; or
Masochism, erotic or sexually oriented torture, beating or the
infliction of pain; or
Erotic or lewd touching, lewd fondling or other lewd contact
with an animal by a human being; or
Human excretion, urination, menstruation, or vaginal or anal
irrigation.
C.
Location of Adult Entertainment Businesses.
1.
General Restrictions. No person shall
operate or establish an "adult entertainment business," as defined
in this code, in any area of the City of Santa Barbara, except the
C-G zone, M-C zone, or the M-I zone but excluding the El Pueblo Viejo
Landmark District as defined in Section 22.22.100.B of the Santa Barbara
Municipal Code.
2.
Valid Permits. No building permit or
zoning clearance, business license, or other permit or entitlement
for use shall be legally valid if issued to any adult entertainment
business proposed to operate or be established in any area of the
City except allowed portions of the C-G zone, M-C zone, or the M-I
zone but excluding those areas of the City within the El Pueblo Viejo
Landmark District as defined in Section 22.22.100.B of the Santa Barbara
Municipal Code.
3.
Locational Restrictions. Any adult
entertainment business proposed to be operated or established in allowed
portions of the C-G zone, M-C zone, or the M-I zone shall be subject
to the following restrictions:
a.
The establishment or operation of an adult entertainment business
shall be subject to the locational criteria setting forth minimum
distances from sensitive uses and zones as follows:
b.
For the purposes of this section, all distances shall be measured
in a straight line, without regard for intervening structures, from
the nearest exterior wall of the unit or building containing the adult
entertainment business to the nearest property line of a sensitive
use or zone as listed in this section.
c.
For the purposes of this section, the distance between any two adult
entertainment businesses shall be measured in a straight line, without
regard to intervening structures or objects, from the closest exterior
wall of the unit or structure in which each business is located.
d.
An adult entertainment business may not be operated in the same building,
structure, or portions thereof containing another adult entertainment
business or use as defined in this section. Each business defined
in 30.185.060.B.1.a—d shall constitute a separate business for
purposes of this section.
D.
Design and Performance Standards. The establishment or operation of an adult entertainment business shall comply with the applicable site development standards, including, but not limited to, parking, design review, the technical codes adopted pursuant to Section 22.04.010 of the Santa Barbara Municipal Code, and as may be amended from time to time, and the California Fire Code adopted pursuant to Chapter 8.04 of the Santa Barbara Municipal Code, and as may be amended from time to time. An adult entertainment business shall comply with the applicable City of Santa Barbara permit and inspection procedures. In addition, adult entertainment businesses shall comply with the following design and performance standards:
1.
Signs, advertisements, displays, or other promotional materials depicting
or describing "specified anatomical areas" or "specified sexual activities"
or displaying instruments, devices, or paraphernalia which are designed
for use in connection with "specified sexual activities" shall not
be shown or exhibited so as to be discernible by the public beyond
the walls of the building or portion thereof in which the adult entertainment
business is conducted.
2.
Each adult entertainment business shall have a business entrance
separate from any other non-adult business located in the same building.
3.
All building openings, entries, and windows for an adult entertainment
business shall be located, covered or screened in such a manner as
to prevent a view into the interior of an adult entertainment business
from any area open to the general public.
4.
No adult entertainment business shall be operated in any manner that
permits the observation by the public of any material depicting, describing,
or relating to "specified sexual activities" or "specified anatomical
areas" from any public way or from any location beyond the walls of
the building or portion thereof in which the adult entertainment business
is conducted.
5.
The building entrance to the adult entertainment business shall be
clearly and legibly posted with a notice indicating that minors are
precluded from entering the premises.
6.
No loudspeakers or sound equipment shall be used by adult entertainment
businesses for amplification of sound to a level discernible by the
public beyond the walls of the building or portion thereof in which
the adult entertainment business is conducted.
7.
Each adult entertainment business shall be provided with a manager's
station which shall be used for the purpose of supervising activities
within the business. A manager shall be on duty on the premises during
all times that the adult entertainment business is open to the public.
8.
Off-street parking shall be provided for the adult entertainment business as specified in accordance with the parking provisions of Chapter 30.175, Parking Regulations.
9.
An on-site security program shall be prepared and implemented including
the following items:
a.
All off-street parking areas and building entries serving the adult
entertainment business shall be illuminated during all hours of operation
with a lighting system which provides a minimum maintained horizontal
illumination of one footcandle of light on the parking surface or
walkway.
b.
All interior portions of the adult entertainment business, except
those areas devoted to mini-motion or motion pictures, shall be illuminated
during all hours of operation with lighting system which provides
a minimum maintained horizontal illumination of not less than two
footcandles of light on the floor surface.
E.
Legally Existing Nonconforming Uses. Notwithstanding any other
provision of this Title, any legally existing adult entertainment
business operating on March 1, 1994, not in compliance with the locational
requirements in Subsection 30.185.060.C, Location of Adult Entertainment
Businesses, may continue as a nonconforming use. The legally nonconforming
status of an adult entertainment business shall terminate if voluntarily
discontinued for 30 or more consecutive days.
F.
Severance Clause. If any section, subsection, paragraph, subparagraph
or provision of this section or the application thereof to any person,
property or circumstance is held invalid, the remainder of the Section
and the application of such to other persons, properties or circumstances
shall not be affected thereby.
Agricultural operations shall be located, developed, and operated
in compliance with the following standards:
A.
Accessory Buildings.
1.
Accessory buildings used for agricultural purposes shall comply with all standards in Section 30.140.020, Accessory Buildings, unless a Modification is granted pursuant to Chapter 30.250, Modifications.
2.
Accessory buildings used for agricultural purposes shall be located
a minimum of 100 feet from any property line.
3.
The exterior colors and materials shall be earth tones to minimize
visibility.
4.
Accessory buildings used for agriculture shall be sited so that the
building does not intrude into the skyline as seen from a public view
unless otherwise approved by the appropriate Design Review body.
5.
Accessory buildings used for agriculture shall not be located within
any watercourse, or within any watercourse development limitation
area.
B.
Storage Requirements. All flammables, pesticides and fertilizers
shall be stored in accordance with all federal, state, and local regulations,
including the regulations of the California Fire Code and Santa Barbara
County Department of Health Services or successor agency. No pesticides,
chemical fertilizers or other hazardous materials shall be stored
outside of buildings.
C.
Large Vehicles. No vehicles in excess of five tons shall be
kept, stored or parked on the property, except as necessary for completion
of grading performed in accordance with a grading permit issued by
the City of Santa Barbara.
D.
Sanitation. Sanitary facilities shall be provided for agricultural
workers as required by the Santa Barbara County Division of Environmental
Health and the California Occupational Safety and Health Administration.
E.
Water Meters. All agricultural operations involving an area
of 1/2 acre or greater shall be placed on "Irrigation" water meters,
as defined by Title 14 of this Code.
F.
Irrigation Systems. All new or retrofitted irrigation systems
for agricultural uses, other than those carried out in greenhouses,
shall be designed in accordance with the standards of the Soil Conservation
Service for water conserving irrigation.
G.
Vegetation Removal. A Vegetation Removal Permit may be required to prevent erosion damage, reservoir siltation, denuding, flood hazards, soil loss, and other dangers created by or increased by improper clearing activities, pursuant to Santa Barbara Municipal Code Chapter 22.10, Vegetation Removal.
H.
Lighting. Exterior lighting shall be for safety purposes only
and shall comply with the City of Santa Barbara Outdoor Lighting and
Streetlight Design Guidelines.
I.
Hours of Operation. Hours of operation shall be consistent
with Santa Barbara Municipal Code Section 9.16.070.A.
A.
Purpose. The purpose of this section is to promote a healthy
and safe business environment in the City of Santa Barbara that protects
residents from the public nuisances attributable to the retail sales
of alcoholic beverages. The City does not intend to replace or assume
any powers vested in the California Department of Alcoholic Beverage
Control.
B.
Applicability. The provisions of this section apply to businesses
with a Type 20 or 21 License under the Alcoholic Beverage Control
Act that conduct retail sales of alcoholic beverages for consumption
off the premises. Uses may include, but are not limited to, liquor
stores, beer and wine stores, convenience markets, mini-markets, markets,
neighborhood markets, retail sales establishments, wine shops, and
service stations. This section does not apply to on sale alcohol establishments
such as a restaurant, bar, or alcohol beverage manufacturers such
as a winery, brewery or micro-brewery that sells alcohol for off-site
consumption.
C.
Alcoholic Beverage.
California Department of Alcoholic Beverage Control or ABC.
Hip Flask.
Public Nuisance.
Retail Display Area.
Substantial Modifications.
Definitions. For the purposes of this section, the following
words and phrases shall have the following meanings:
Alcohol, spirits, liquor, wine, beer, and any liquid or solid
containing alcohol, spirits, wine, or beer, that contains one-half
of one percent or more of alcohol by volume and that is fit for beverage
purposes either alone or when diluted, mixed or combined with other
substances, the sale of which requires an Alcoholic Beverage Control
(ABC) license.
The department of the State of California empowered to act
pursuant to Article 20, Section 22, of the California Constitution
and authorized to administer the provisions of the Alcoholic Beverage
Control Act.
A small flask for potable liquids of a kind designed so that
it may be carried in a hip pocket.
Anything which is injurious to health, indecent, offensive
to the senses, so as to interfere with the comfortable enjoyment of
life or property.
Includes all floor area within the establishment that is
accessible and within view of customers, including aisles, and floor
area occupied by shelves, counters, and refrigerator coolers.
Substantial modifications to the mode or character of operation.
Such activities include, but are not limited to, the following:
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a.
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Change in activity so that ABC requires a different type of
license.
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b.
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An increase of the floor area or shelf space devoted to the
display or sales of any alcoholic beverage.
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c.
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Extending the hours of operation.
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d.
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A change in ownership or transfer of an ABC license, which includes
new owners or licensees added to the establishment.
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e.
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Changes to the conditions provided under the conditional use
permit.
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f.
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Changes from the license applications submitted to the ABC.
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D.
Local Letter of Public Convenience or Necessity (PCN) Required. A letter of public convenience or necessity (PCN) is a discretionary
determination that the business operation will provide some kind of
benefit to the surrounding community, which is communicated back to
the licensee and the ABC in the form of a letter. The Chief of Police
is authorized to issue a local letter of public convenience or necessity
(PCN) whenever an applicant for an ABC license is required to obtain
a PCN letter. A PCN letter must be issued prior to the application
for a Conditional Use Permit pursuant to this section. The Chief of
Police will review and act upon the request in compliance with the
time periods established by State law. The Chief of Police's decision
on whether to issue a PCN letter is final with no further right of
appeal.
E.
Notification Required. All applicants and operators of an
alcoholic beverage retail establishment are required to notify the
Chief of Police within 10 days of submitting an original off-sale
application to the ABC, or when business activities will result in
a substantial modification to the mode or character of operation for
existing businesses.
F.
Performance and Development Standards. Approval of a conditional
use permit may only be granted for alcoholic beverage retail establishments,
located, developed, and operated in compliance with the standards
contained in this section. Variations to these standards may be approved
by the Planning Commission in order to prevent an unreasonable hardship
or for any other reason consistent with the purpose of this section.
Unreasonable hardship is defined as an action requiring significant
difficulty or expense when considered in light of a number of factors
that can include, but is not limited to, the nature and cost of the
standard imposed in relation to the size, resources, nature, and structure
of the alcohol retailer operation.
1.
Location. Alcoholic beverage retail
establishments requesting non-transferred licenses may only be permitted
on a site located in an area with capacity for additional off-sale
licenses, as defined by ABC, with low to average crime rates, as defined
annually by the Santa Barbara Police Department, provided that the
site is not subject to a moratorium.
2.
Distance. Alcoholic beverage retail establishments requesting new non-transferred licenses may only be located on a lot that is a minimum of 500 feet away from any residentially zoned lot, or any lot that contains a public or private elementary or high school, health care facilities, social services facility as defined in Section 30.295.030, substance abuse treatment centers, religious facilities, parks or playgrounds. However, an alcohol retail establishment may apply for a modification and obtain approval from the Planning Commission to be located within 500 feet of the above referenced sensitive locations. The distance shall be measured in a straight line without regard to intervening structures or objects from the nearest point on the property to the nearest point on the other property line.
3.
Containers. The sale, distribution,
dispensation, and display of alcoholic beverages is limited to the
following type and size of containers:
a.
Wine and Wine Coolers.
i.
Wine must be in a container with a volume of 750 milliliters or greater
in size, except multipack containers of wine, and multipack wine coolers
containing no more than six percent alcohol by volume.
ii.
Multipack wine and wine coolers shall not be sold in containers smaller
than 12 ounces and in units of less than one four-pack for off-site
consumption.
b.
Distilled Spirits. Distilled spirits, except pre-mixed
cocktails, must be in a container with a volume of 375 milliliters
or greater in size. Miniature, single-serving, travel-sized "airline
bottles" are prohibited. Distilled spirits shall not be permitted
in 375 milliliters hip flask containers.
c.
Beer, Ale, and Malt Liquor.
i.
Beer, ale, and malt liquor must be in a container with a volume greater
than 32 ounces. This restriction is not intended to prohibit the sale
of such beverages in kegs or other types of containers, with a volume
of two or more gallons, which are clearly designed to dispense multiple
servings.
ii.
Multipack beer, ale, and malt liquor in containers of 32 ounces or
less shall not be sold in units less than one three-pack for off-site
consumption.
4.
Drive-Through Facilities. Alcoholic
beverages shall not be sold or distributed from a drive-through facility
or a walk-up window.
5.
Product Display. The display of alcoholic
beverages is subject to the following standards:
a.
From an ice tub, ice chest, ice barrel or similar stand-alone container;
b.
Within five feet from any store entrance or exit;
c.
On a check-out counter or any display case or rack located adjacent
to a checkout counter or checkout waiting area.
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This subdivision does not prohibit display of alcoholic beverages
from behind a counter or from a built in refrigerated display case
that is accessible only by store employees.
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6.
Lighting. Lighting shall comply with the Outdoor Lighting Ordinance (Santa Barbara Municipal Code Chapter 22.75); adequate external lighting shall be provided on site in order to maintain a safe and secure environment.
7.
Noise. Noise levels generated by the operation of such establishment shall comply with the City's Noise Ordinance (Santa Barbara Municipal Code Chapter 9.16). Amplified sound at the property line shall not exceed 60 dB(A).
8.
Litter. Business owners shall be responsible
for keeping their premises clean of any litter or debris and shall
provide adequate trash and recycling receptacles for customer use
on site.
9.
Pay Phones. Pay phones are not permitted
outside of the alcoholic beverage retail establishment.
10.
Signage. There shall be no advertising
of alcoholic products, or tobacco and paraphernalia, or similarly
controlled products visible from the exterior of the building.
11.
Window Obstructions. To ensure a clear
and unobstructed view of the interior of the premises, including the
area in which the cash registers are maintained, from the exterior
public sidewalk or entrance, windows shall not be tinted and no more
than 15% of windows and entry doors shall be blocked by either interior
or exterior obstructions such as signs, vending machines, refrigerators,
coolers, shelves, racks, or storage.
12.
Drug Paraphernalia. An alcoholic beverage retail establishment shall be prohibited from selling drug or tobacco paraphernalia products as defined in Santa Barbara Municipal Code Section 9.45.010, and Health and Safety Code Sections 11014.5 and 11364.5.
G.
Required Findings. A conditional use permit for an alcoholic beverage retail establishment may only be approved if the Planning Commission makes the following findings in addition to the findings required pursuant to Chapter 30.215, Conditional Use Permits, and any other findings required by this title:
1.
The proposed use shall not potentially have a significant adverse effect on the crime rate or nuisance activities as provided under subsection M below in the area of the proposed site. Particular attention shall be given to those crimes involving public drunkenness, the illegal sale or use of narcotics, drugs or alcohol, disturbing the peace and disorderly conduct, and alcoholic beverage sales to minors.
2.
That its upkeep and operating characteristics are compatible with,
and will not adversely affect, the livability or appropriate development
of abutting properties and the surrounding neighborhood.
H.
Conditions of Approval. The Planning Commission may impose
conditions of approval in furtherance of the purpose of this section
such as limit the hours or other operational characteristics of the
use; restrict outdoor storage and display; require a special security
plan; make alterations to the entries/exits or other floor plan changes;
or add requirements for buffering, screening, lighting, planting areas,
or other site elements to avoid adverse impacts on adjacent lots or
the surrounding area.
I.
Changes to Approved Plans or Substantial Modifications. Any substantial modifications to the mode or character of operation of an alcoholic beverage retail establishment, which becomes lawfully established with a conditional use permit on or after the effective date of this chapter, shall require an amendment to the conditional use permit or approval as provided for in Section 30.205.130, Changes to Approved Plans. If the use is discontinued pursuant to Section 30.140.080, Discontinuation of Use, or ceases to be licensed by ABC, it may not continue without approval by the original Review Authority and shall be processed in the same manner as the original approval.
J.
Existing Alcoholic Beverage Retail Establishments. Alcoholic beverage retail establishments lawfully existing prior to the effective date of this section, and licensed by ABC, may be continued, repaired, and maintained. Notwithstanding the limitations described in Section 30.165.030, Right to Continue, Repair and Maintain; and Section 30.165.070, Nonconforming Uses, the right to continue an existing alcoholic beverage retail establishment may be revoked with the right to appeal under Section 30.205.140, Revocation of Permits and Approvals, and if revoked a conditional use permit is needed in order to continue the sale of alcohol. Revocation of the use can only be initiated by those with the responsibility to enforce under subsection P below when any of the following occur:
2.
Discontinued Use. The use is discontinued pursuant to Section 30.140.080, Discontinuation of Use, or ceases to be licensed by ABC.
3.
Substantial Modifications. There are
substantial modifications to the mode or character of operation.
4.
Violations. There is or has been a
violation of, or failure to observe the terms or conditions of this
chapter, or the use has been conducted in violation of the provisions
of this title, or any applicable law or regulation, including, but
not limited to, the Alcoholic Beverage Control Act.
K.
Product Display for Existing Alcoholic Beverage Retail Establishments. The display of alcoholic beverages is subject to the following standards:
1.
From an ice tub, ice chest, ice barrel or similar stand-alone container;
2.
Within five feet from any store entrance or exit;
3.
On a check-out counter or any display case or rack located adjacent
to a checkout counter or checkout waiting area.
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This subsection does not prohibit display of alcoholic beverages
from behind a counter or from a built in refrigerated display case
that is accessible only by store employees.
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L.
Mandatory Training and Presentation of Documents. The following
requirements apply as a condition of approval to all new and existing
alcoholic beverage retail establishments. All store owners and current
employees of existing establishments must comply with the mandatory
training within six months of the effective date of this section.
All new store owners and employees are required to be trained within
60 days from the start of their business or employment.
1.
Mandatory Training. All store managers
and their employees shall complete the Responsible Beverage Service
(RBS) Training and are required to carry a valid certification while
selling alcoholic beverages. To satisfy this requirement, a certified
program must meet the standards of the ABC Responsible Beverage Service
Advisory Board or other certifying or licensing body designated by
the State of California.
2.
Presentation of Documents. A copy of
any City conditions of approval, applicable ABC conditions, the ABC
license, and any required training requirements, shall be posted in
at least one prominent place within the interior of the establishment
where it will be readily visible and legible to the employees and
patrons of the establishment; and shall be presented to any City,
County, or State enforcement officer or official upon request.
M.
Public Nuisance. A public nuisance shall be deemed to exist
if the following activities are repeated within the premises or in
close proximity of the premises such as: disturbance of the peace,
illegal drug activity, public drunkenness, drinking in public, harassment
of passersby, gambling, prostitution, sale of stolen goods, public
urination, theft, assaults, batteries, acts of vandalism, excessive
littering, loitering, graffiti, illegal parking, excessive loud noises,
especially in the late night or early morning hours, traffic violations,
curfew violations, or lewd conduct. The City Administrator may take
any action necessary to abate such public nuisance, including but
not limited to revocation proceedings.
N.
Reporting. If the City Administrator or the Chief of Police
determine there has been a violation of this chapter or any of the
conditions set forth in a conditional use permit issued in compliance
with this chapter, a report of those violations shall be presented
to the Planning Commission for review that may include the date, time,
and specificity of the violations. The Planning Commission shall require
an annual review of any new and existing alcoholic beverage retail
establishments.
O.
Annual Fee. The City Council may establish by resolution,
fees for administration of this chapter, including, but not limited
to, flat or graduated annual fees, hourly fees, and supplemental fees,
any or all of which may reflect whether and to what extent the new
and existing alcoholic beverage retail establishments, upon which
the fee is imposed has complied with this chapter.
Owners and operators shall be jointly and severally liable for
any fee or charge imposed under this chapter.
The City may collect any past due fees or charges imposed under
this chapter by use of all available legal means, including, but not
limited to, means available for the collection of judgments, liens
and action for recovery of money. The City may also recover its collection
costs.
P.
Responsibility to Enforce. The provisions of this section
shall be administered and enforced by the City Administrator in conjunction
with the Chief of Police. Such officer, or their duly authorized representatives,
may enter upon private or public property to examine an alcoholic
beverage retail establishment for the purposes of enforcement and
regulation of the conditions of approval, performance standards, and
other applicable regulations set forth in this section.
(Ord. 6027 § 5, 2021)
A.
Location. Automated Teller Machines (ATMs) are not allowed
on lots that are immediately adjacent to residentially zoned lots,
where;
1.
The ATM is closer than 100 feet of the residentially zoned lot, and
either:
B.
Nonconforming ATMs; Amortization Period. Any ATM existing on the effective date of the ordinance first enacting this section (Ord. 5072, 1998) and which is located as described in subsection A shall be either removed, or moved to a location that conforms to the provisions of subsection A within six years of the date of its original installation. During such six-year period, such ATM must also comply with the following conditions:
Automobile/Vehicle Fueling Stations or Car Washing Facilities
shall be located, developed, and operated in compliance with the following
standards:
A.
Lot Size/Frontage. New Fueling Stations or Car Washing Facilities
shall be located on a lot greater than 8,000 square feet in size with
a minimum street frontage of 100 feet.
B.
Driveways.
1.
New Establishments. Driveway entrances
shall be located a minimum of 20 feet from the curb return (beginning
of curve) at the corner of an intersecting street.
2.
Existing Establishments. Relocation
of driveway entrances may be required to minimize interference with
the movement and safety of vehicular and pedestrian traffic.
C.
Internal Circulation. Where access from an internal circulation
system of a shopping center or public parking area is available, direct
street access to a Fueling Station or Car Washing Facility may be
prohibited or restricted.
D.
Vehicular Stacking Lanes. Car Washing Facilities shall provide
the following areas for vehicles to minimize interference with vehicular
and pedestrian traffic and prevent queuing or double parking in travel
lanes.
1.
Automatic Car Wash. Automatic Car Wash
Facilities shall have a vehicular stacking lane of either 60 feet
or a sufficient length to prevent queuing or double parking in the
right-of-way, as determined by the Public Works Director.
2.
Full-Service Car Wash. Full-Service Car Wash Facilities shall have a designated vehicle
drying area of sufficient area to accommodate all uses onsite, and
a vehicular approach lane of either 120 feet or a sufficient area
and length to prevent queuing or double parking in the right-of-way,
as determined by the Public Works Director.
3.
Self-Service Car Wash. Car washing bay openings that face the street shall be setback a
minimum of 20 feet from the front property line.
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FIGURE 30.185.090.D: CAR WASHING FACILITIES VEHICLE STACKING
LANES
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E.
Screening.
1.
Restrooms. The entrance to all restrooms shall be screened from abutting properties by a decorative screen pursuant to Section 30.15.120, Screening.
2.
Lot Perimeters. An ornamental masonry
wall shall be provided along all property lines that abut property
used or zoned for residential purposes.
a.
The wall shall be no more than three feet high closer than 10 feet
of the front property line, otherwise the wall shall be six feet high.
b.
A five-foot-wide planting area shall be provided along the interior
side of the wall.
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FIGURE 30.185.090.E: AUTOMOBILE/VEHICLE FUELING STATIONS
AND CAR WASHING FACILITIES SCREENING
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F.
Landscaping. Landscaping shall be provided in accordance with Section 30.175.080, Parking Area Landscape and Fence Standards and the following. All landscaped areas shall be permanently maintained pursuant to Chapters 22.11, Maintenance and Approval of Landscape Plans, and 15.24, Preservation of Trees, of the Santa Barbara Municipal Code.
G.
Operations and Storage.
1.
Except in M-C and M-I Zones, all work shall be conducted within an
enclosed building except hand vacuuming and hand drying at an automobile/vehicle
car washing facility, pumping motor vehicle fluids, checking and supplementing
various fluids, and mechanical inspection and adjustments not involving
any disassembly.
2.
Except in the M-C and M-I Zones, the hours of operation for an automobile
wash are limited to 8:00 am to 7:00 pm, or as determined by the Review
Authority. All sites shall be secured after hours.
3.
The noise due to blowers, vacuums, and other equipment shall not create noise levels that exceed the standards set forth in Chapter 9.16, Noise, of the Santa Barbara Municipal Code.
4.
All car washing areas shall be self-contained or covered with a roof
or overhang.
5.
All materials, products and merchandise shall be stored and displayed
within an enclosed building.
6.
No used or discarded automotive parts or equipment or visible junk
or wrecked vehicles shall be located or stored outside a building.
7.
Trash shall be stored in areas hidden from public view by a fence
with a minimum height of five feet for carts/cans and seven feet for
dumpsters. Trash shall not be stored or piled above the height of
the fence.
H.
Review of Architecture and Landscaping. The architecture of
structures and landscaping of the site shall be reviewed and approved
by the appropriate Design Review body.
I.
Conditions of Approval. The Review Authority may impose conditions
of approval that include limitations on operational characteristics
of the use; restrictions on outdoor storage and display, location
of pump islands, canopies, and service bay openings; or requirements
for buffering, screening, lighting, planting areas, or other site
elements, to avoid adverse impacts on adjacent lots or the surrounding
area.
Banks and Financial Institutions are allowed in the O-M Zone
to allow branch banks as a convenience to the medical community and
neighborhood, so that there will be less traffic into the commercial
areas for deposits, and as a cash source for patients in the area.
It is not the intent to establish a banking community in the area.
Banks and Financial Institutions with more than 1,000 square feet
of floor area per lot in the O-M Zone are subject to the following
standards:
A.
Location. Banks and Financial Institutions shall be located
on a lot that is a minimum of 300 feet from a lot that contains another
Bank or Financial Institution.
B.
Customer Area. There shall not be more than 1,000 square feet
of space accessible to customers for services.
C.
Drive-up Window Prohibited. There shall be no drive-up window,
but a walk-up window may be permitted.
D.
Signs. The signing of the operation shall in a manner as to
identify but not advertise, and to blend in with the neighborhood.
E.
Services. Services are limited to deposits, check cashing,
cashier and travelers checks, acceptance of loan applications, and
night deposits. Loan applications processing and safety deposit boxes
are not allowed.
A.
Purpose. The purpose of this section is to reasonably regulate
the cultivation of cannabis for personal use at a private residence,
as authorized under Section 11362.2 of the California Health and Safety
Code.
B.
"Cannabis"
"Cultivate" or "Cultivation"
"Cultivation site"
"Live plants"
"Personal cultivation"
"Private residence"
"Family day care home"
Definitions. For the purpose of this section, the following
words and phrases shall have the following meanings.
shall have the meaning set forth in Section 26001(f) of the
California Business and Professions Code, Medicinal and Adult-Use
Cannabis Regulation and Safety Act ("MAUCRSA"), as it was enrolled
in June 2017 in S.B. 94, and as subsequently amended in September
2017 by A.B. 133.
means any activity involving the planting, growing, harvesting,
drying, curing, grading, or trimming of cannabis.
means the location within or at the private residence where
cannabis is cultivated.
means living cannabis flowers and plants, including seeds,
immature plants, and vegetative stage plants.
means the cultivation of cannabis that is not performed in
exchange for compensation, including barter, gifts, or promises.
means the single primary lawful dwelling unit of a person
21 years of age or older.
has the same meaning as in Section 1596.78 of the California
Health and Safety Code.
C.
Indoor Cannabis Cultivation for Personal Use. It is unlawful
for a person to cultivate cannabis indoors for personal use in any
zone of the City unless all of the following conditions are met.
1.
The cultivation is done by a person 21 years of age or older;
2.
Cultivation is occurring inside his or her private residence, or
inside an accessory structure to a private residence that is fully
enclosed and secure;
3.
The cultivation site is secured within a locked space that is not
visible from anywhere outside the private residence or accessory structure;
4.
The cultivation site is not accessible to persons who are under 21
years of age;
5.
The cultivation site must not produce odors, sounds, or other emissions
that are noticeable from adjacent properties and may indicate marijuana
cultivation; and
6.
A family day care home is not being operated at the private residence.
D.
Outdoor Cultivation for Personal Use. It is unlawful for a
person to cultivate cannabis outdoors for personal use in any zone
of the City unless all of the following conditions are met.
1.
The cultivation is done by a person 21 years of age or older;
2.
Cultivation is occurring at his or her private residence;
3.
The private residence is a single-unit residential housing type;
4.
Cultivation occurs exclusively within an enclosed and secured outdoor
area of the legal lot upon which the private residence is located,
not including the front yard, or within 10 feet of the interior lot
lines;
5.
No more than one live plant is being cultivated outdoors on the property
at any given time, whether or not the property contains an accessory
dwelling unit;
6.
The cultivation site is not visible by normal unaided vision from
a public place, public right-of-way, school providing instruction
in kindergarten or any grades 1 through 12, day care center as defined
in Health and Safety Code Section 1596.76, or youth center as defined
by Health and Safety Code Section 11353.1;
7.
The live plant does not exceed eight feet in height; and
8.
A family day care home is not being operated at the private residence.
E.
Limitation on Number of Plants. It is unlawful to cultivate
more than six living plants at a private residence or within its accessory
dwelling structure and outdoor area at any one time, regardless of
where the cultivation occurs upon the property.
F.
Nuisance. Nothing in this section shall be construed to permit
the establishment or maintenance of any use which constitutes a public
nuisance.
(Ord. 5816, 2017)
Caretaker Units shall be located, developed, and operated in
compliance with the following standards:
A.
Use Limitations. The Caretaker Unit must be occupied by the
owner, manager or other employee of a primary use on a lot. The caretaker
unit may not be converted to a nonresidential use, including a hotel
use or other transient occupancy use, without a permit. With the exception
of the owner or manager residence in a Hotel and Extended Stay Hotel,
a Caretaker Unit must provide a separate kitchen and bathroom for
the sole use of the occupant, even if the primary use contains one
or more kitchens, meal service, or a congregate dining facility.
B.
Number. No lot shall contain more than one Caretaker Unit.
C.
Open Yard. If the only residential use on the lot is the caretaker unit, private open yard pursuant to Section 30.140.140, Open Yards shall be the only open yard required on the lot.
D.
Setbacks. The Caretaker Unit shall comply with the same setbacks
of the primary use in the applicable zone.
E.
Minimum Unit Size and Configuration. See Section 30.140.150, Residential Unit.
Community and Market Gardens shall be located, developed, and
operated in compliance with the following standards.
A.
Purpose. These regulations encourage Community and Market
Gardens at a scale that is appropriate to neighborhoods in an urban
environment and support small-scale agricultural use of land that
is not otherwise developed. These regulations recognize that Community
and Market Gardens can help build a sense of place, provide opportunities
for healthy living, and reduce the community's carbon footprint. In
addition, these regulations ensure that the uses and activities are
compatible with the surrounding area by limiting potential negative
effects, particularly in residential neighborhoods.
B.
Management. A manager shall be designated for each garden
who shall serve as liaison between gardeners, property owner(s), and
the City.
C.
Hours of Operation. Gardens shall only be tended between dawn
and one-half hour after sunset.
D.
Accessory Buildings.
1.
Accessory buildings, such as sheds, greenhouses, hoophouses, or similar shall comply with all standards of Section 30.140.020, Accessory Buildings.
2.
Accessory buildings used for Community and Market Gardens shall not
be located in the front yard. If there is no main building on-site,
accessory buildings shall be located a minimum of 60 feet from the
front property line, or at a distance no less than 60% of the depth
of the lot from the front property line, whichever is less.
3.
Farm stands used for the display and sale of food at a Market Garden
shall be considered a main building and subject to all of the standards
and regulations of a main building.
E.
Equipment. Only household garden tools and equipment, applicators
and products may be used. This includes, but is not limited to, soil
preparation, cultivation, planting, application of chemicals, dust
control, harvesting, etc. Pull behind equipment is prohibited.
F.
Operational Plan. The applicant shall submit an operational
plan to the Community Development Director that identifies roles and
responsibilities, contact information, and operations. Prior to issuance
of a permit, the property owner and applicant shall sign a Zoning
Affidavit identifying that they are aware of the operational standards
and the penalties associated with any violation.
G.
Size. The area associated with the activities of the garden
is limited to one-half acre in size.
I.
Sale of Produce. The retail sale of food, or value-added food
products such as jams and jellies, may be permitted for Market Gardens
only. Sales are limited to items that are grown on-site or produced
from items that are grown on-site. The preparation of food and beverages
for on-site consumption is not permitted.
J.
Composting. Composting is limited to the materials generated on-site and must be used on-site. Composting shall be located outside of required setbacks and shall be screened pursuant to Section 30.15.120, Screening.
K.
Utilities. The land shall be served by a water supply sufficient
to support the cultivation practices used on the site.
L.
Restrooms. If proposed, restrooms shall be connected to public
utilities. Portable restrooms are not permitted.
M.
Storage Requirements. All flammables, pesticides and fertilizers
shall be stored in accordance with all federal, state, and local regulations,
including regulations of the California Fire Code and the Santa Barbara
County Department of Health Services or successor agency. No pesticides,
chemical fertilizers or other hazardous materials shall be stored
outside of buildings.
O.
Setbacks. Buildings, structures, and composting associated
with community and market gardens shall comply with the residential
setbacks when located in a residential zone and nonresidential setbacks
when located in a nonresidential zone.
Community care facilities, residential care facilities for the
elderly, and hospices shall be developed, located, and operated in
compliance with the following:
A.
Units with Kitchens. Community care facilities, residential
care facilities for the elderly, and hospices may contain congregate
dining facilities or kitchens in individual units.
1.
Facilities with kitchens in individual units and no congregate dining
facility are subject to the base residential density, open yard, and
parking requirements for multi-unit development in the same applicable
zone.
2.
Facilities with congregate dining facilities are not subject to the
base residential density, open yard, and parking standards for multi-unit
development in the same applicable zone. In facilities with congregate
dining facilities, kitchens in individual units are limited to modular
cooking units as follows:
a.
Modular Cooking Unit The modular cooking unit shall
contain no more than a two-burner stove, oven or microwave oven, single
compartment sink, refrigerator, utensil drawer(s), and cabinet(s)
in one detachable module. The modular cooking unit shall not be larger
than 18 square feet. Dishwashers and garbage disposals shall not be
allowed. The modular cooking unit shall not be located in a room separated
from other living areas, but could be located in a small recessed
opening off other living areas.
B.
Setbacks. Community care facilities, residential care facilities
for the elderly, and hospices, including accessory uses, shall comply
with the residential setbacks of the applicable zone, or the mixed-use
setbacks if it is a part of a mixed-use development.
C.
Accessory Uses. Accessory uses that are incidental and accessory
to the primary use, such as recreational facilities, skilled nursing,
and other facilities may be allowed as follows:
1.
Facilities with Seven or More Individuals. Accessory uses for facilities with seven or more individuals in
the R-S, R-2, R-M and R-MH zones requiring a Performance Standard
Permit or Conditional Use Permit may be allowed subject to the project
approval. The use of the facilities by persons other than residents
and staff may be limited.
2.
Facilities with 12 or More Individuals. Accessory uses for facilities with 12 or more individuals requiring
Conditional Use Permit in the O-R, O-M, C-R, C-G, and M-C zones may
be allowed subject to the project approval. The use of the facilities
by persons other than residents and staff may be limited.
3.
All Other Facilities. Accessory uses
for all other facilities are limited to those uses allowed by right
in the zone, subject to the regulations of the specific uses and applicable
zone and permit requirements for any individual use or component of
the project.
D.
Required Findings for Facilities in Residential Zones. A permit for community care facilities, residential care facilities for the elderly, and hospices serving seven or more individuals and located in a Residential Zone may only be approved if the Review Authority makes the following findings in addition to the findings required pursuant to Chapter 30.215, Conditional Use Permits, or Chapter 30.255, Performance Standard Permits, as applicable, and any other findings required by this Title:
1.
The facility conforms to the extent feasible to the type, character
and appearance of other residential units in the neighborhood in which
it is located. This provision shall not restrict the installation
of any special feature(s) necessary to serve residents with special
needs (e.g., ramps, lifts, handrails).
2.
The intensity of use in terms of number of people, hours of major
activities and other operational aspects of the proposed facility
is compatible with any neighboring residential use.
Day Care Centers are subject to the following standards:
A.
Location of Outdoor Activity Areas. Outdoor activity areas
shall be located in a manner that is compatible with the character
of the surrounding area and that minimizes significant detrimental
noise impacts to adjacent properties used or zoned residential.
B.
Passenger Loading. Facilities shall be provided for loading
and unloading passengers, subject to the review and approval of the
Review Authority taking into consideration the recommendation of the
Public Works Director.
New or expanded drive-through facilities are prohibited. There
shall be no new floor area, and no intensification of use on existing
structures developed with a drive-through facility. Existing financial
institution drive-through facilities may be replaced in kind with
automated teller machines provided the number of drive-through lanes
does not increase.
In addition to all other development standards applicable within
the zone in which the Emergency Shelter is located, an Emergency Shelter
shall comply with the following development and management standards:
A.
Capacity. An Emergency Shelter located within the C-M Zone
may provide a maximum of 100 beds and shall serve no more than 100
homeless persons per night. The capacity of an Emergency Shelter in
any other zone shall be determined by the Review Authority.
B.
Length of Stay. A resident of an Emergency Shelter shall not
reside in the Emergency Shelter for more than 180 consecutive nights.
C.
Intake/Waiting Area. An Emergency Shelter shall provide at
least 10 square feet of interior intake and waiting space per bed.
Intake and waiting areas shall be located within the building.
D.
Outdoor Area/Activity. Outdoor gathering areas shall be hidden from view or screened pursuant to Section 30.15.120, Screening. An Emergency Shelter shall not allow prospective residents to queue on the public right-of-way or parking areas.
E.
Parking. An Emergency Shelter shall provide the following
parking:
1.
One parking space for every eight beds; and
2.
One covered and secure bicycle parking space for every four beds.
3.
Exceptions. An Emergency Shelter may
propose fewer parking spaces if the Emergency Shelter can demonstrate
by a parking study that the proposed parking will satisfy the anticipated
parking demand for the project to the satisfaction of the Public Works
Transportation Planning Division. In any case, the required parking
for an Emergency Shelter shall not be more than that which is required
for similar residential or commercial uses within the zone.
F.
Lighting. Subject to compliance with the Lighting Ordinance (Santa Barbara Municipal Code Chapter 22.75), adequate external lighting shall be provided on-site in order to maintain a safe and secure environment.
G.
Concentration of Uses. No Emergency Shelter or homeless shelter
shall be permitted within 300 feet of another Emergency Shelter or
homeless shelter. The distance between shelters shall be measured
in a straight line without regard to intervening structures or objects
from the nearest point on the property line of one shelter to the
nearest point on the property line of the other.
H.
On-Site Management. On-site management shall be present at
all times that the shelter is in operation. A Management Plan for
the operation of the Emergency Shelter must be submitted with the
master application and shall be subject to approval by the Community
Development Department Director. As appropriate, the Management Plan
shall address:
I.
Ability to Pay. No individual or household may be denied Emergency
Shelter due to an inability to pay.
Garden Apartment Developments in the R-2 Zone shall be located,
developed, and used in compliance with the following.
A.
Purpose. The purpose of this section is to provide greater
flexibility in the development of residential properties in order
to:
1.
Provide greater amenities and open space related thereto when in
the public interest and welfare.
2.
Encourage creative approaches to the development of land and provide
desirable spatial relationships between buildings and structures on
the land than would be possible under strict adherence to development
standards of the applicable zone.
3.
Encourage the preservation and enhancement of natural beauty and
the provision of landscaped open areas for visual and recreational
enjoyment.
B.
Density. Density is limited to the maximum density allowed
by the applicable zone.
E.
Units Per Building. No building shall contain more than eight
residential units.
F.
Open Yard. Open yards in conformance with the requirements for multi-unit residences pursuant to Section 30.140.140, Open Yards, shall be provided on-site.
G.
Required Findings. A Conditional Use Permit for a Garden Apartment Development shall only be approved if the Planning Commission makes the following findings in addition to the findings required pursuant to Chapter 30.215, Conditional Use Permits, and any other findings required by this Title:
1.
The design of the development provides for close visual and physical
relationship between residential units.
2.
Landscaped open areas dominate the site development and provide substantial
usable areas for passive or active recreational use.
3.
Public views of the site are provided a sense of landscaped, open
areas. Parking areas and building masses do not dominate the public
view of the site.
Group residential units shall be developed, located, and operated
in compliance with the following:
A.
Density. Group Residential shall be subject to the base residential
density standards of the zone. The number of residential units shall
be equal to the number of kitchens located on-site.
B.
Open Yard. Open yards in conformance with the number of residential units located onsite shall be provided pursuant to Section 30.140.140, Open Yards.
C.
Setbacks. Group residential shall comply with the residential
setbacks of the applicable zone, or the mixed-use setbacks, if the
Group Residential use is part of mixed-use development.
D.
Unit Configuration.
1.
Access. Entry access to all tenant
rooms shall be through the interior of the building. No exit doors
from individual tenant rooms shall lead directly to the exterior of
the building.
2.
Congregate Dining Facility. A congregate
dining facility shall be located on-site. No other kitchens are permitted
in any room outside the congregate dining facility.
3.
Bathrooms. Each floor must contain
at least one fully-equipped bathroom, accessible from a common hallway,
for each five beds.
E.
Operational Plan. The Review Authority may request an operational
plan that identifies roles and responsibilities, contact information,
and operations. The operational plan may include, but is not limited
to, how the applicant shall address the following:
F.
Required Findings for Group Residential Development in Residential
Zones. A permit for Group Residential development located in a Residential Zone shall only be approved if the Review Authority makes the following findings in addition to the findings required pursuant to Chapter 30.215, Conditional Use Permits, or Chapter 30.255, Performance Standard Permits, as applicable, and any other findings required by this Title:
1.
The development conforms to the extent feasible to the type, character
and appearance of other residential units in the neighborhood in which
it is located.
2.
The intensity of use in terms of number of people, hours of major
activities and other operational aspects of the proposed development
is compatible with any neighboring residential use.
A.
Purpose. The purpose of this section is to:
1.
Permit home occupations as an accessory use to a residence;
2.
Allow residents to operate small businesses in their homes, under
certain specified standards, conditions, and criteria;
3.
Allow for "telecommuting" and reduced vehicle use;
4.
Ensure that home occupations are compatible with, and do not have
an adverse effect on adjacent and nearby residential properties and
uses;
5.
Ensure that public and private services, such as streets, sewers,
or water or utility systems, are not burdened by the home occupation
to the extent that usage exceeds that normally associated with residential
use;
6.
Allow cottage food operations consistent with State law (Sections
51035 et seq. of the Government Code and Sections 109947, 110050,
110460, 111955, 113789, 113851, 114021, 114023, 114390, 114405, and
114409, 113758, and 114088, and 114365 et seq. of the Health and Safety
Code); and
7.
Preserve the livability of residential areas and the general welfare
of the community.
B.
Zoning Affidavit Required. A Zoning Affidavit is required
for each home occupation. A Zoning Affidavit to conduct a home occupation
at a particular address is not transferable from one party to another,
nor may the type of business be modified. A new Zoning Affidavit must
be obtained for each new home occupation.
C.
Operational and Performance Standards. Home occupations must
be located and operated consistent with the following standards:
1.
Residential Appearance. The residential
appearance of the unit within which the home occupation is conducted
shall be maintained, and no exterior indication of a home occupation
is permitted.
2.
Location. All home occupation activities
shall be conducted entirely within the residential unit, or within
a garage or accessory building that is reserved for, the residential
unit. When conducted within a garage, the doors thereof shall be closed,
and the area occupied shall not preclude the use of required parking
spaces for parking.
3.
Structural Alteration Limitation. A
residence shall not be altered to create an exterior entrance to a
space devoted to a home occupation or to create features not customary
in residential development.
4.
Employees. No employees other than
residents of the residence shall be permitted to work at or from the
location of a home occupation except that one full-time equivalent
cottage food employee per residential unit may participate in a cottage
food operation.
5.
On-Site Client Contact. Limited customer or client visits are permitted up to two people
at a time and no more than four visits per day, per residential unit.
6.
Direct Sales Prohibition. Home occupations
involving the display or sale of products or merchandise are not permitted
from the site except by mail, telephone, internet, or other mode of
electronic communication or sales of cottage food products directly
from a cottage food operation. A cottage food operation shall not
have more than $50,000 in gross annual sales in each calendar year.
7.
Storage Prohibition. On-premises commodity
storage is prohibited.
8.
Equipment. Home occupations that involve
mechanical or electrical equipment which is not customarily incidental
to domestic use shall not be permitted. Cottage food operations may
employ kitchen equipment as needed to produce products for which the
operation has received registration, provided that equipment would
not change the residential character of the unit, result in safety
hazards, or create smoke or steam noticeable at the lot line of an
adjoining residential property. Venting of kitchen equipment shall
not be directed toward neighboring residential uses.
9.
Hazardous Materials. Activities conducted
and equipment or materials used shall not change the fire safety or
occupancy classifications of the premises, nor use utilities different
from those normally provided for residential use. There shall be no
storage or use of toxic or hazardous materials other than the types
and quantities customarily found in connection with a residential
unit.
10.
Nuisances. A home occupation shall
be conducted such that no offensive or objectionable noise, dust,
vibration, smell, smoke, heat, humidity, glare, refuse, radiation,
electrical disturbance, interference with the transmission of communications,
interference with radio or television reception, or other hazard or
nuisance is perceptible at or beyond any lot line of the unit or structure
within which the home occupation is conducted, or outside the residential
unit if conducted in other than a single-unit detached residence.
11.
Traffic and Parking Generation. Home
occupations shall not generate a volume of passenger or commercial
traffic that is inconsistent with the normal level of traffic on the
street on which the residence is located, or which creates the need
for additional parking spaces, or involves deliveries to or from the
premises in excess of that which is customary for a residential unit.
12.
Cottage Food Operation Registration. Cottage food operations shall be registered as "Class A" or "Class
B" cottage food operations and shall meet the respective health and
safety standards set forth in Section 114365 et seq. of the California
Health and Safety Code.
D.
Prohibited Home Occupations. The following specific businesses
are not permitted as home occupations.
1.
Adult Entertainment Facilities;
2.
Animal Care, Sales, and Services;
3.
Barber Shops and Beauty Parlors
4.
Hotels and Similar Uses;
5.
Eating and Drinking Establishments;
6.
Hospitals and Clinics;
7.
Retail Sales; and
8.
Any business which requires a City permit or license, except licenses
issued for revenue purposes only.
The keeping of horses and associated accessory buildings is allowed in any zone subject to the following standards. The keeping of animals other than horses is subject to Santa Barbara Municipal Code Chapter 6.08, Care and Keeping of Animals.
A.
Accessory Use. Horse keeping shall be accessory to the residential
use of the lot and may not be used for commercial purposes.
B.
Minimum Lot Area. 20,000 square feet.
C.
Allowed Number of Horses. One per 10,000 square feet of lot
area, maximum of five horses.
D.
Setbacks. Horses, pens, stables, barns, corrals, or other
facilities for the keeping of horses shall not be located within any
setback and shall be located at least 35 feet from any residential
unit or livable floor area and located on an adjoining lot, and shall
be located at least 75 feet from the front property line and any adjoining
lot zoned P-R or developed with Public and Semi-Public Uses.
Hotels and Similar Uses shall be located, developed, and used
in compliance with the following standards:
A.
All Zones.
1.
Guestrooms with Kitchens. Guestrooms
designed or constructed with kitchens shall be subject to the base
residential density standards for the zone; however, they are not
considered residential units. For the purposes of this section, a
maximum 12 inch by 12 inch bar sink, maximum five foot long counter
top, microwave, and mini-fridge are not considered a "kitchen."
2.
Setbacks. Hotels and Similar Uses are
subject to the nonresidential setback requirements of the applicable
zone.
B.
CO-CAR Zone. In the CO-CAR Zone, small hotels shall only be
permitted upon the issuance of a Conditional Use Permit in the "Small
Hotels Allowed & Housing Prohibited" area shown on Figure 30.185.220.B,
CO-CAR Zone Small Hotel Area, consistent with the following:
1.
Limitations.
a.
A small hotel may not have more than six guestrooms;
b.
The size of each hotel guestroom shall be limited to a maximum of
300 square feet of floor area (including hallways, closets, baths,
interior circulation and other similar floor area) and the room may
not include an individual kitchen area;
c.
A common kitchen/dining/lobby area is allowed but may not be located
within a guestroom;
d.
A caretaker unit is allowed with a maximum of 600 square feet of
floor area provided that the caretaker unit is located adjacent to,
or with immediate access to, the common or lobby area and provided
that it not have a separate access from outside the common area.
2.
Required Findings. A Conditional Use
Permit for a small hotel in the CO-CAR Zone shall only be approved
if the Review Authority makes all of the following findings in addition
to any other findings required by this Title:
a.
The small hotel will support the goals of the Local Coastal Plan
and CO-CAR Zone to promote a vital, mixed-use neighborhood in the
Waterfront comprised of a diversity of land uses.
b.
The small hotel is part of a mixed-use project and in a mixed-use
setting within a property having preexisting legal uses or permitted
CO-CAR Zone uses.
c.
The small hotel is compatible with the surrounding land uses and
CO-CAR Zone uses.
d.
The small hotel may include a caretaker unit if it is necessary to
support the hotel or other improvements on the site.
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FIGURE 30.185.220.B: CO-CAR ZONE SMALL HOTEL AREA
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C.
R-M Zone. Hotels and Similar Uses in the R-M Zone are limited
to Hotels and Similar Uses located in Structures of Merit or Landmarks
pursuant to Chapter 22.22, Historic Structures, or in another structure
on the same lot as a Structure of Merit or Landmark used as a Hotel
and Extended Stay Hotel, subject to the following standards.
1.
The owner's or manager's primary residence shall be located on the
property that contains the Hotel and Extended Stay Hotel.
2.
No meals shall be served to persons other than guests and residents
of the Hotel and Extended Stay Hotel.
3.
No conference or meeting rooms/facilities shall be provided.
4.
No new outdoor swimming pool shall be provided; however, outdoor
spas, hot tubs or similar facilities may be provided.
5.
Other requirements imposed by the Planning Commission in order to
ensure compatibility with the surrounding neighborhood.
6.
Plans for new structures or alterations to existing structures shall
be submitted to the Historic Landmarks Commission for review and action
in accordance with the provisions of Chapter 22.22, Historic Structures.
D.
R-MH Zone. Hotels and Similar Uses and related recreational,
conference center and other auxiliary uses primarily for use by hotel
guests are permitted uses subject to the following standards.
1.
Businesses and Restaurants. Hotels
and Similar Uses designed, constructed or used for either 24 guestrooms
with kitchens or 50 or more guest rooms without kitchens may include
a business conducted therein for the convenience of the occupants
and their guests or a restaurant for use solely by the hotel occupants
and their guests.
a.
The entrance to the business or restaurant shall be from the inside
of the hotel.
b.
The floor area used for all the businesses and restaurants in the
facility shall not exceed 30% of the total ground floor area of all
the buildings comprising the hotel which are on a single lot or contiguous
lots.
c.
No street frontage of any such building shall be used for the business
or restaurant.
Large Family Day Care Homes in Residential Zones shall be located,
developed, and operated in compliance with the following standards:
A.
Location. Large Family Day Care Homes shall be located on
a lot that is a minimum of 300 feet from a lot that contains another
Large Family Day Care Home. The Review Authority may waive the 300-foot
spacing requirement if certain physical conditions exist and the waiver
would not result in significant effects on the public peace, health,
safety and comfort of the affected neighborhood. Examples of physical
conditions that may warrant granting of a waiver include intervening
topography that creates a barrier or separation between the facilities
such as hillsides or ravines, the presence of major nonresidential
uses or structures between facilities or the presence of a major roadway
between the facilities.
B.
Outdoor Activities. Outdoor activities shall be limited to
the hours between 8:00 a.m. and 6:00 p.m.
C.
Loading and Unloading. A plan and schedule for the pick-up
and drop-off of children or clients shall be provided for approval
by the Review Authority. The plan shall demonstrate that off-street
area or on-street area in front of the residence is available for
passenger loading and unloading. The passenger loading and unloading
area shall be of adequate size and configuration and shall allow unrestricted
access to neighboring properties.
D.
Parking. One additional parking space for employee parking
shall be provided unless the Review Authority finds that adequate
on-street or off-street parking is available.
Joint living and working quarters (Live-Work Units) shall be
located, developed, and operated in compliance with the following
standards:
A.
Purpose. This section provides standards for the development
of live-work units, and for the reuse of existing structures to accommodate
these units. Live-work units are distinguished from mixed-use development
in that business operators are required to live in the same space
that contains the business. A live-work unit is intended to function
predominantly as living space with incidental accommodations for work-related
activities.
B.
Establishment. Live-work units may be established through
the conversion of existing buildings or by new construction, permitted
or conditionally permitted, as specified in Division II: Zone Regulations.
C.
Permitted Nonresidential Activity. The nonresidential activity
in a building where live-work units are allowed shall be limited to
the following Use Classifications, and must be a use permitted by
right or by use permit in the zone, subject to the same specific limitations
and standards for specific activities contained in the applicable
zone district:
1.
Artist Studio
2.
Business Services
3.
Cultural Institution
4.
Custom Manufacturing
5.
Day Care Center
6.
Food and Beverage Manufacturing, Limited/Small Scale; no food or
beverages prepared for on-site consumption
7.
Food Preparation; no food or beverages prepared for on-site consumption
8.
Funeral Parlors and Internment Services
9.
Instructional Services
10.
Offices
11.
Personal Services
12.
Retail Sales
13.
Other uses deemed appropriate by the Community Development Director.
D.
Facilities to Accommodate Commercial or Industrial Uses. A
live-work unit shall be designed to accommodate commercial or industrial
uses as evidenced by the provision of ventilation, interior storage,
flooring, and other physical improvements of the type commonly found
in exclusively commercial or industrial facilities used for the same
work activity.
E.
Size. Each live-work unit shall not be greater than 3,000
square feet.
F.
Floor Area. The nonresidential floor area shall not be more
than 50% of the area of each live-work unit.
G.
Configuration. The nonresidential area shall be limited to
the first floor or main floor of the live-work unit. The residential
and nonresidential areas of the live-work unit shall be integrated,
contiguous, and accessible from each other. In order to deter separate
residential and nonresidential occupancy, separate exterior entrances
to the residential and nonresidential portions are not permitted.
H.
Residential Units. Maximum density is as allowed for a residential use in the zone in which the live-work unit is located, and subject to the standards for a residential unit, pursuant to Section 30.140.150, Residential Unit.
I.
Nonresidential Floor Area. Additions, substantial redevelopment, or conversions of nonresidential floor area are subject to Chapter 30.170, Nonresidential Growth Management Program, except where the residential and nonresidential portions 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.
J.
Setbacks. Live-work units are subject to the nonresidential/mixed-use
setbacks of the applicable zone.
K.
Open Yard. If the only residential uses on the lot are live-work, residential open yard, pursuant to Section 30.140.140, Open Yards, is not required, except as follows:
1.
New Construction. Private open yard pursuant to Section 30.140.140, Open Yards, shall be provided for each live-work unit on a lot. The open space shall be designed to limit its use for residential purposes only.
2.
Conversions. Any existing on-site open
space shall be retained for the use of the residential occupants of
the live-work units. The open space shall be designed to limit its
use for residential purposes only.
L.
Business License Required. At least one occupant of each live-work
unit shall maintain a current City of Santa Barbara business license
for a business located in that unit.
M.
No Separate Sale or Rental of Portions of a Unit. The residential
and the nonresidential areas must be occupied by the same inhabitant,
and no portion of the live-work unit may be rented or sold separately.
N.
Maximum Non-Resident Employees. A maximum of five nonresident
workers or employees may work in the nonresidential area at any one
time.
O.
Recorded Agreement. Prior to issuance of a building permit, the property owner shall file with the County Recorder, upon approval by the City Attorney, a Recorded Agreement, pursuant to Chapter 30.260, Recorded Agreements, containing a reference to the deed under which the property was acquired stating that all conditions will be met and any lack of compliance shall revoke the certificate of occupancy for the development.
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FIGURE 30.185.240: LIVE-WORK UNIT
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A.
Purpose and Intent. It is the purpose and intent of this chapter
to regulate the storefront distribution of medical marijuana in order
to ensure the health, safety, and welfare of the residents of the
City of Santa Barbara. The regulations in this chapter, in compliance
with the State Compassionate Use Act of 1996, the State Medical Marijuana
Program Act ("the SB 420 statutes"), and the Medicinal and Adult-Use
of Cannabis Regulation and Safety Act ("MAUCRSA") (S.B. 94, as amended
by A.B. 133), are not intended and do not interfere with a patient's
right to use medical marijuana as authorized under the Compassionate
Use Act or the SB 420 statutes, nor do they criminalize the possession
or cultivation of medical marijuana by specifically defined classifications
of persons, as authorized under Therefore, medical marijuana dispensaries
within the City which choose to operate storefront dispensary locations
must comply with all provisions of the Santa Barbara Municipal Code
("SBMC") for obtaining a permit for the storefront dispensary as well
as complying with MAUCRSA, and all other applicable local and state
laws. Nothing in this chapter purports to permit activities that are
otherwise illegal under federal, state, or local laws.
B.
Applicant.
Management Member.
Medical Marijuana Storefront Dispensary.
Permittee.
Person with an Identification Card.
Physician.
Primary Caregiver.
Property.
Definitions. For the purpose of this chapter, the following
words and phrases shall have the following meanings:
A person who is required to file an application for a Medical
Marijuana Storefront Dispensary permit under this chapter, including
an individual owner, managing partner, officer of a corporation, or
any other dispensary operator, Management Member, employee, or agent
of a Medical Marijuana Storefront Dispensary.
A Medical Marijuana Dispensary member with responsibility
for the establishment, organization, registration, supervision, or
oversight of the operation of the dispensary including, but not limited
to, members who perform the functions of president, vice president,
director, operating officer, financial officer, secretary, treasurer,
or manager of the Dispensary.
An incorporated or unincorporated non-profit retail business
that engages in the sale of medical marijuana (also referred to as
medical cannabis) at a permitted location exclusively to qualified
patients or primary caregivers pursuant to the requirements and regulations
set forth in this chapter.
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A Storefront Dispensary shall not include the dispensing of
medical marijuana by primary caregivers to qualified patients in the
following locations so long as the location and operation of the clinic,
health care facility, hospice, or residential care facility is otherwise
permitted by the municipal code and operated in the manner required
by applicable state laws:
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a.
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A clinic licensed pursuant to Chapter 1 of Division 2 of the
State Health and Safety Code,
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b.
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A health care facility licensed pursuant to Chapter Two of Division
2 of the State Health and Safety Code,
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c.
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A residential care facility for persons with chronic life-threatening
illness licensed pursuant to Chapter 3.01 of Division 2 of the State
Health and Safety Code,
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d.
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Residential care facility for the elderly licensed pursuant
to Chapter 3.2 of Division 2 of the State Health and Safety Code,
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e.
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A residential hospice, or a home health agency licensed pursuant
to Chapter 8 of Division 2 of the State Health and Safety Code, provided
that any such clinic, health care facility, hospice or residential
care facility also fully complies with applicable laws including,
but not limited to, the Compassionate Use Act of 1996, the SB 420
statutes, and MAUCRSA.
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The Management Member or Members identified to the City by
an Applicant as such and to whom a City Storefront Dispensary permit
has been issued and someone who also qualifies as a primary caregiver.
A person as described in California Health and Safety Code
Sections 11362.71 through 11362.76, and as amended from time to time.
A licensed medical doctors including a doctor of osteopathic
medicine as defined in the California Business and Professions Code.
A person as defined and described in either subdivision (d)
or (e) of California Health and Safety Code Section 11362.7 as it
may be amended from time to time.
The permitted location or locations within the City at which
medical marijuana (or medical cannabis) is sold or provided for compensation
to qualified patients or primary caregivers.
C.
Storefront Dispensary - Permit Required to Operate. It is
unlawful for any person to engage in, to conduct or carry on (or to
permit to be engaged in, conducted or carried on) in or upon his or
her Property located within the City, the operation of a Storefront
Dispensary unless an Applicant has first obtained and continues to
maintain in full force and effect a valid Storefront Dispensary Permit
issued by the City for that Property.
D.
Imposition of Medical Marijuana Storefront Dispensary Permit Fees. Every application for a Storefront Dispensary permit shall be accompanied
by an application fee (in an amount established by resolution of the
City Council) at an amount calculated to recover the City's full cost
of reviewing and issuing the Storefront Dispensary permit) and the
filing of a complete required application pursuant to this section.
The application fee shall not include the standard City fees for fingerprinting,
photographing, and background check costs and shall be in addition
to any other business license fee or permit fee imposed by this code
or other governmental agencies.
E.
Limitations on the Permitted Location of a Storefront Dispensary.
1.
Permissible Zoning for Storefront Dispensaries. Storefront Dispensaries may only be permitted and located
on parcels within the City which are zoned for commercial uses and
on those street block faces designated as "Medical Marijuana Storefront
Dispensaries – Allowed Locations" dated as of June 22, 2010.
2.
Storefront Locations. Except for those
locations allowed within the West Pueblo Medical Area which have been
specifically approved by the Staff Hearing Officer as non-storefront
locations pursuant to this chapter, a Storefront Dispensary shall
only be located in a visible store-front type ground-floor location
which provides good public views of the Dispensary entrance, its windows,
and the entrance to the Storefront Dispensary premises from a public
street.
3.
Commercial Areas and Zones Where Storefront Dispensaries
Not Permitted. Notwithstanding subsection A above, a Storefront Dispensary shall not be allowed or permitted on a parcel located within 1,000 feet of another permitted or allowed Storefront Dispensary.
4.
Locational Measurements. The distance
between a Storefront Dispensary and above-listed restrictions shall
be calculated as a straight line from any parcel line of the Property
on which the Storefront Dispensary is located to the parcel line the
real property on which the facility, building, or structure, or portion
of the building or structure, in which the above-listed use occurs
or is located.
For the purposes of determining compliance with the locational
restrictions imposed by this section, the permissibility of a proposed
Storefront Dispensary location shall be determined by City staff based
on the date the permit application has been deemed complete by the
City with the earliest complete applications deemed to have priority
over any subsequent Storefront Dispensary application for any particular
permissible location.
5.
One Dispensary for Each Area of the City. No more than one Storefront Dispensary may open or operate in each
of the areas of the City designated as allowed or permissible Dispensary
location areas.
6.
Maximum Number of Medical Marijuana Storefront Dispensaries
Allowed Permits. Notwithstanding the above, the City
may not issue a total of more than three Dispensary permits at any
one time.
F.
Storefront Dispensary – Permit Application Requirements.
1.
Application Filing. A complete Performance
Standard Permit application submittal packet is required for a Storefront
Dispensary permit and it shall be submitted (along with all required
fees) and all other information and materials required by this chapter
in order to file a complete application for a Storefront Dispensary
Permit for a specific Property. All applications for Storefront Dispensary
permits shall be filed with the Community Development Department using
forms provided by the City. It is the responsibility of the Applicant
to provide all of the information required for approval of the permit.
The application shall be signed by a Management Member under penalty
of perjury.
2.
Eligibility for Filing. If a Storefront
Dispensary permit application is filed by a non-owner of the Property,
it shall also be accompanied by a written affirmation from the Property
owner expressly allowing the Applicant and Management Member to apply
for the Permit and acknowledging the Applicant's right to use and
occupy the Property for the intended Medical Marijuana Storefront
Dispensary use.
3.
Filing Requirements – Proposed Operational Plan. In connection with a permit application, an Applicant for
a Storefront Dispensary permit shall provide a detailed "Operations
Plan" for the proposed Dispensary and, upon issuance of the Storefront
Dispensary permit by the City, shall operate the Storefront Dispensary
in accordance with the Operations Plan, as approved, at all times.
A required Operations Plan shall consist of at least the following:
a.
Site Plan and Floor Plan. A Storefront Dispensary
application shall have a proposed site plan and floor plan which shows
a lobby waiting area at the entrance to the Storefront used to receive
qualified patients or primary caregivers, and a separate and secure
designated area for dispensing medical marijuana to qualified patients
or designated primary caregivers. The primary entrance shall be located
and maintained clear of barriers, landscaping and similar obstructions
so that it is clearly visible from public streets, sidewalks or site
driveways.
b.
Storage. A Storefront Dispensary shall have suitable
locked storage on the premises, identified and approved as a part
of the operational security plan for the after-hours storage of medical
marijuana.
c.
Security Plans. A Storefront Dispensary shall provide
a plan to provide adequate security on the premises of the Dispensary
which shall be maintained in accordance with the Dispensary security
plan approved by the Chief of Police and as reviewed by the Staff
Hearing Officer. This plan shall include provisions for adequate lighting
and alarms in order to insure the safety of persons and to protect
the premises from theft. All security guards used by dispensaries
shall be licensed and employed by a state licensed private-party operator
security company retained by the Storefront Dispensary and each security
guard used shall possess a valid state Department of Consumer Affairs
"Security Guard Card" at all times. Security guards shall not possess
or carry firearms or tasers while working at a Dispensary.
d.
Alarm Systems. The Operations Plan shall provide
that professionally monitored burglary and fire alarm systems shall
be installed and such systems shall be maintained in good working
condition within the Storefront Dispensary at all times.
e.
Emergency Contact. An Operations Plan shall provide
the Chief of Police with the name, cell phone number, and facsimile
number of a Management Member to act as an on-site community relations
staff person to whom the City may provide notice of any operating
problems associated with the Storefront Dispensary.
f.
Public Nuisance. The Operations Plan shall provide
for the Management Members of the Dispensary to take all reasonable
steps to discourage and correct objectionable conditions that constitute
a public or private nuisance in parking areas, sidewalks, alleys and
areas surrounding the premises and adjacent properties during business
hours if directly related to the patrons of the subject Storefront
Dispensary.
g.
Loitering Adjacent to a Dispensary. The Operations
Plan shall provide that the Management Members will take all reasonable
steps to reduce loitering by customers in public areas, sidewalks,
alleys and areas surrounding the Property and adjacent premises during
the business hours of the Storefront Dispensary.
4.
Filing Requirements – Information Regarding Storefront
Dispensary Management. A Storefront Dispensary Applicant
shall also provide the following Management Member and information
as part of a Storefront Dispensary application:
a.
Written confirmation as to whether the Management Member previously
operated in this or any other county, city or state under a similar
license or permit, and whether the business entity proposed to hold
the permit or Management Member Applicant ever had such a license
or permit revoked or suspended by and the reason(s) therefore.
b.
If the entity proposed to hold the permit is a corporation, limited
liability company, partnership, or a cooperative, a copy of all formation
documents, including, but not limited to, a certified copy of the
entity's Secretary of State Articles of Incorporation, Certificate(s)
of Amendment, Statement(s) of Information, and a copy of the entity's
By laws and/or operating agreement;
c.
If the entity is an unincorporated association, a copy of the articles
of association;
d.
The name and address of the Applicant's or permittee's current designated
Agent for Service of Process;
e.
A statement dated and signed by each Management Member under penalty
of perjury, that the Management Member has personal knowledge of the
information contained in the Dispensary Application, that the information
contained therein is true and correct, and that the application has
been completed under the supervision of the identified Management
Member(s).
G.
Criteria for Review of Dispensary Applications by the City Staff
Hearing Officer.
1.
Decision on Application. Upon an application
for a Storefront Dispensary permit being deemed complete, the Staff
Hearing Officer shall either issue a Storefront Dispensary permit,
issue a Storefront Dispensary permit with conditions in accordance
with this chapter, or deny a Storefront Dispensary permit.
2.
Criteria for Issuance. The Staff Hearing
Officer, or the City Council on appeal, shall consider the following
criteria in determining whether to grant or deny a Medical Marijuana
Storefront Dispensary permit:
a.
That the Dispensary permit and the operation of the proposed Dispensary
will be consistent with the intent of the Compassionate Use Act of
1996, the SB 420 Statutes, and MAUCRSA, for providing medical marijuana
to qualified patients and primary caregivers and the provisions of
this section and with the municipal code, including the application
submittal and operating requirements herein.
b.
That the proposed location of the Storefront Dispensary is not identified
by the City Chief of Police as an area of increased or high crime
activity.
c.
For those applicants who have operated other Storefront Dispensaries
within the City, that there have not been significant numbers of calls
for police service, crimes or arrests in the area of the applicants
former location.
d.
That issuance of a Dispensary permit for the Dispensary size requested
is appropriate to meet the needs of community for access to medical
marijuana.
e.
That issuance of the Dispensary permit would serve the needs of City
residents within a proximity to this location.
f.
That the Storefront Dispensary is likely to have no potentially adverse
affect on the health, peace, or safety of persons living or working
in the surrounding area, overly burden a specific neighborhood, or
contribute to a public nuisance and that the Dispensary will generally
not result in repeated nuisance activities including disturbances
of the peace, illegal drug activity, marijuana use in public, harassment
of passerby, excessive littering, excessive loitering, illegal parking,
excessive loud noises, especially late at night or early in the morning
hours, lewd conduct, or police detentions or arrests.
H.
On-Going Management Requirements for Medical Marijuana Storefront
Dispensaries. Storefront Dispensary operations shall be maintained
and managed on a day-to-day basis only in compliance with the following
operational standards and requirements:
1.
Criminal History. A Storefront Dispensary
permittee, including all Management Members of that permittee, shall
not have been convicted of a felony or be on probation or parole for
the sale or distribution of a controlled substance and shall remain
free of such a conviction or probation during the period of time in
which the Storefront Dispensary is being operated.
2.
Minors. It is unlawful for any Storefront
Dispensary permittee, a Management Member of the permittee, or any
other person effectively in charge of any Storefront Dispensary to
employ any person who is not at least 21 years of age. Persons under
the age of 18 years shall not be allowed on the premises of a Medical
Marijuana Dispensary unless they are a qualified patient member of
the and are accompanied by a parent or guardian at all times. The
entrance to a Storefront Dispensary shall be clearly and legibly posted
with a notice indicating that persons under the age of 18 are precluded
from entering the premises unless they are a qualified patient and
they are in the presence of their parent or guardian.
3.
Storefront Dispensary Size and Access. The following access restrictions shall apply to all Storefront
Dispensaries permitted by this chapter:
a.
A Storefront Dispensary shall not be enlarged in size (i.e., increased
floor area) without prior review and approval of the change from the
Staff Hearing Officer and an approved amendment to the existing Storefront
Dispensary permit pursuant to the requirements of this section.
b.
An expressly designated Management Member or Members shall be responsible
for monitoring the Property of the Storefront Dispensary for any nuisance
activity (including the adjacent public sidewalk and rights-of-way)
which may occur on the block within which the Storefront Dispensary
is operating.
c.
A qualified patient or a primary caregiver shall not visit a Storefront
Dispensary without first having obtained a valid written recommendation
from his or her licensed physician recommending the use of medical
marijuana or, in the case of a primary caregiver, without first having
been expressly designated a primary caregiver to a qualified patient
as required by the Compassionate Use Act.
d.
A qualified patient or primary caregiver may not obtain medical marijuana
upon their first in-person visit to a Storefront Dispensary, and may
obtain medical marijuana only after an initial waiting period of 24
hours after their initial in person visit to the dispensary, and after
the Management Member has verified the physician's recommendation
or Medical Marijuana I.D. card.
e.
Only a primary caregiver and qualified patient shall be allowed within
the designated marijuana dispensing area of a Storefront Dispensary
(as shown on the site plan required by the Application) along with
only necessary Management Members.
f.
Restrooms within the Storefront Dispensary shall remain locked and
under the control of Dispensary Management Members at all times.
4.
Medical Marijuana Dispensing Operations. The following medical marijuana distribution restrictions and conditions
shall apply to all of the day-to-day medical marijuana dispensing
operations which occur within a City permitted Storefront Dispensary:
a.
A Storefront Dispensary shall only dispense to qualified patients
or primary caregivers with a currently valid physicians approval or
recommendation in compliance with the criteria of the Compassionate
Use Act of 1996 and the SB 420 Statutes during storefront dispensary
operating hours of between eight o'clock in the morning (8:00 a.m.)
through six o'clock in the evening (6:00 p.m.) Monday through Saturday
only. The days and hours of the dispensary's operation shall be posted
on a sign located on the street frontage of the dispensary premises
in a manner consistent with the City's Sign Ordinance. Storefront
Dispensaries shall require such persons receiving medical marijuana
to provide valid official identification, such as a Department of
Motor Vehicles driver's license or State Identification Card each
time they seek to obtain medical marijuana.
b.
Prior to dispensing medical marijuana, a Management Member of the
Storefront Dispensary shall obtain a re-verification from the recommending
physician's office personnel that the individual requesting medical
marijuana is or remains a qualified patient or a primary caregiver.
c.
A Storefront Dispensary shall not have a physician on-site to evaluate
patients and provide a Compassionate Use Act recommendation for the
use of medical marijuana.
d.
Every Storefront Dispensary shall display, at all times during its
regular business hours, the permit issued pursuant to the provisions
of this chapter for such Dispensary in a conspicuous place so that
the same may be readily seen by all persons entering the Storefront
Dispensary.
e.
No Storefront Dispensary shall hold or maintain a license from the
State Division of Alcoholic Beverage Control for the sale of alcoholic
beverages, or operate a business on the premises of the Dispensary
that sells alcoholic beverages. No alcoholic beverages shall be allowed
or consumed on the premises.
f.
Storefront Dispensaries shall be considered commercial use relative to the parking requirements imposed by Santa Barbara Municipal Code Chapter 30.175.
g.
A notice shall be clearly and legibly posted in the Storefront Dispensary
indicating that smoking, ingesting, or consuming marijuana on the
premises or in the vicinity of the Dispensary is prohibited. Signs
on the premises shall not obstruct the entrance or windows. Address
identification shall comply with Fire Department illuminated address
sign requirements.
h.
Business identification signage for Storefront Dispensaries shall comply with the City's Sign Ordinance (SBMC Chapter 22.70) and be limited to that needed for identification only, consisting of a single window sign or wall sign that shall not exceed six square feet in area or 10% of the window area, whichever is less.
5.
Dispensary Medical Marijuana On-Site Consumption and
Re-Distribution Restrictions. The following medical
marijuana consumption restrictions shall apply to all permitted Storefront
Dispensaries:
a.
Medical marijuana shall not be consumed by qualified patients on
the Property or the premises of the Storefront Dispensary. The term
"premises" includes the actual building, as well as any accessory
structures, parking lot or parking areas, or other surroundings within
200 feet of the Dispensary's entrance.
b.
Storefront Dispensary operations shall not result in illegal re-distribution
or sale of medical marijuana obtained from the Dispensary, or the
use or distribution in any manner which violates state law.
6.
Retail Sales of Other Items by a Storefront Dispensary. The retail sales of related marijuana use items at a Storefront
Dispensary may be allowed only under the following circumstances:
a.
With the approval of the Staff Hearing Officer, a Dispensary may
conduct or engage in the commercial sale of specific products, goods,
or services (except drug paraphernalia) in addition to the provision
of medical marijuana on terms and conditions consistent with this
chapter and applicable law.
b.
No Dispensary shall sell or display for sale any drug paraphernalia
or any implement that may be used to administer medical marijuana.
7.
Storefront Dispensary – Compliance with the Compassionate
Use Act of 1996 and SB 420 Statutes.
a.
State Law Compliance Warning. Each Dispensary shall
have a sign posted in a conspicuous location inside the Storefront
Dispensary advising the public of the following:
i.
The diversion of marijuana for non-medical purposes is a criminal
violation of state law.
ii.
The use of marijuana may impair a person's ability to drive a motor
vehicle or operate heavy machinery.
iii.
The sale of marijuana and the diversion of marijuana for non-medical
purposes are violations of state law.
b.
Not For Profit Operation of the Storefront Dispensary. No Medical Marijuana Storefront Dispensary shall operate for profit.
Cash and in-kind contributions, reimbursements, and reasonable compensation
for services provided by Management Members and employees. All such
cash and in-kind reimbursement amounts and items shall be fully and
properly documented in the financial and accounting records of the
Dispensary in accordance with and as required by the recordkeeping
requirements of this section.
c.
Cultivation of Medical Marijuana. The permittee
shall not engage in commercial cultivation of marijuana. Marijuana
purchased by the permittee or its management members shall be in compliance
with the MAUCRSA. No marijuana may be cultivated, manufactured, or
tested on the Property.
8.
Maintenance of Appropriate Records.
a.
Inventory Records. Every permitted Storefront Dispensary
shall maintain on-site (i.e., at the Property designated for the operation
of the Storefront Dispensary) records pertaining to the purchase and
sale of marijuana, including location of cultivation, name of cultivator,
distributor, testing laboratory. The Storefront Dispensary shall also
maintain an inventory record documenting the dates and amounts of
medical marijuana cultivated or stored at the Dispensary Property,
if any, as well as the daily amounts of Medical Marijuana distributed
from the permitted Dispensary.
b.
Membership Records. Every Storefront Dispensary
shall maintain full and complete records of the following information:
a. the full name, date of birth, residential address, and telephone
number(s) of each customer, b. the date each customer purchased marijuana
and the quantity purchased and amount paid.
c.
Financial Records. The Dispensary shall also maintain
a written accounting record or ledger of all cash, receipts, credit
card transactions, reimbursements (including any in-kind contributions),
and any and all reasonable compensation for services provided by the
Management Members or employees, as well as records of all operational
expenditures and costs incurred by the Storefront Dispensary in accordance
with generally accepted accounting practices and standards typically
applicable to business records. The Storefront Dispensary shall utilize
an electronic point of sale software system approved by the City's
Finance Director.
d.
Dispensary Record Retention Period. The records
required above by subparagraphs (1), (2), and (3) of this subsection
shall be maintained by the Medical Marijuana Dispensary for a period
of five years and shall be made available to the City upon a written
request, subject to the authority set forth in Section 30.185.250.I.
I.
City Access to and Inspection of Required Storefront Dispensary Records.
1.
A duly designated City Police Department or Community Development
Department representative may enter and shall be allowed to inspect
the premises of every Storefront Dispensary as well as the financial
and membership records of the Dispensary required by this section
between the hours of eight o'clock (8:00) a.m. and six o'clock (6:00)
p.m., or at any appropriate time to ensure compliance and enforcement
of the provisions of this chapter, except that the inspection and
copying of the private medical records of a customer shall be made
available to the Police Department only pursuant to a properly executed
search warrant or inspection warrant by a court of competent jurisdiction,
or a court order for the inspection of such records.
2.
It is unlawful for any property owner, landlord, lessee, Medical
Marijuana Dispensary member or Management Member or any other person
having any responsibility over the operation of the Storefront Dispensary
to refuse to allow, impede, obstruct or interfere with an inspection
of the Storefront Dispensary or the required records thereof.
J.
Appeal from Staff Hearing Officer Determination. An applicant or any interested party who disagrees with the Staff Hearing Officer's decision to issue, issue with conditions, or to deny or to revoke a Storefront Dispensary permit may appeal the Staff Hearing Officer's decision pursuant to Section 30.205.140.
K.
Suspension and Revocation by Staff Hearing Officer.
1.
Authority to Suspend or Revoke a Storefront Dispensary
Permit. Consistent with Section 30.205.140, any Storefront Dispensary permit issued under the terms of this section may be suspended or revoked by the Staff Hearing Officer if it shall appear to that Officer that the Dispensary permittee has violated any of the requirements of this section or the Dispensary is being operated in a manner which violates the operational requirements or operational plan required by this section, or operated in a manner which conflicts with state law.
2.
Biannual Review of Dispensary Operations. The staff of the Community Development Department and the Police
Department are hereby authorized to conduct a biannual review of the
operation of each permitted Storefront Dispensary within the City
for full compliance with the operational and recordkeeping requirements
of this section including, specifically, annual verification that
all persons employed or volunteering at the Storefront Dispensary
have not been convicted of or on probation for a crime related to
the possession, sale, or distribution of controlled substances. A
fee in an amount established by resolution of the City Council may
be established in order to reimburse the City for the time involved
in the biannual review process. The staff may initiate a permit suspension
or revocation process for any Storefront Dispensary which, upon completion
of a biannual review, is found not to be in compliance with the requirements
of this section, or is operating in a manner which constitutes a public
nuisance.
3.
Suspension or Revocation – Written Notice. Except as otherwise provided in this section, no permit
shall be revoked or suspended by the Staff Hearing Officer under the
authority of this section until written notice of the intent to consider
revocation or suspension of the permit has been served upon a Management
Member or the person to whom the permit was granted at least 10 days
prior to the date set for such review hearing. Such revocation or
suspension notice shall state the specific reasons for the proposed
suspension or revocation and must have been provided to the permittee
in writing prior to the hearing. Such notice shall contain a brief
statement of the grounds to be relied upon for revoking or suspending
such permit. Notice may be given either by personal delivery to the
permittee, or by depositing such notice in the U.S. mail in a sealed
envelope, postage prepaid, (via regular mail and return receipt requested),
addressed to the person to be notified at his or her address as it
appears in his or her application for a Storefront Dispensary permit.
L.
Transfer of Dispensary Permits.
1.
Permit – Site Specific. A permittee
shall not operate a Storefront Dispensary under the authority of a
Storefront Dispensary permit at any place other than the address of
the Dispensary stated in the application for the permit. All Dispensary
permits issued by the City pursuant to this section shall be non-transferable
to a different location.
2.
Transfer of a Permitted Dispensary. A permittee shall not transfer ownership or control of a Storefront
Dispensary or attempt to transfer a Dispensary permit to another person
unless and until the transferee obtains an amendment to the permit
from the Staff Hearing Officer pursuant to the permitting requirements
of this section stating that the transferee is now the permittee.
A transfer of ownership or control shall include, but not be limited
to, the addition or removal of a management member, or change in over
51% of ownership interest by a single stock holder. Such an amendment
may be obtained only if the transferee files an application with the
Community Development Department in accordance with all provisions
of this section accompanied by the required transfer review application
fee.
3.
Request for Transfer with a Revocation or Suspension
Pending. No Storefront Dispensary permit may be transferred
(and no permission for a transfer may be issued) when the Community
Development Department has notified in writing the permittee that
the permit has been or may be suspended or revoked for non-compliance
with this section and a notice of such suspension or revocation has
been provided.
4.
Transfer without Permission. Any attempt
to transfer a Storefront Dispensary permit either directly or indirectly
in violation of this section is declared void, and the permit shall
be deemed revoked.
M.
Medical Marijuana Vending Machines. No person shall maintain,
use, or operate a vending machine which dispenses marijuana to a qualified
patient or primary caregiver unless such machine is located within
the interior of a duly permitted Dispensary.
N.
Business License Tax Liability. An operator of a Storefront Dispensary shall be required to apply for and obtain a Business Tax Certificate pursuant to Chapter 5.04 as a prerequisite to obtaining a Storefront Dispensary permit pursuant to the terms of this section. When and as required by the State Board of Equalization, Storefront Dispensary transactions shall be subject to sales tax in a manner required by state law.
(Ord. 5814, 2017)
Medical equipment supply stores with more than 3,000 square
feet of floor area in the O-M Zone are subject to the following standards.
A.
Non-Medically Related Sales. A portion of the space may be
used for non-medically related sales provided that the floor area
of non-medically related use is set forth in the Performance Standard
Permit approval.
B.
Required Finding. The Review Authority shall not approve the Performance Standard Permit unless it makes the following finding in addition to the findings required pursuant to Chapter 30.255, Performance Standard Permits, as applicable, and any other findings required by this Title:
1.
The use is supportive and directly related to the providing of medical
and related services.
Recreational Vehicles, Mobilehomes, and Modular Units shall
be located, developed, and used in compliance with the following standards:
A.
Residential Use.
1.
Mobilehome. A mobilehome which has
been certified under the National Mobilehome Construction and Safety
Standards Act of 1974 (42 U.S.C. Section 5401 et seq.) on an approved
permanent foundation may be allowed on lots located in Residential
Single Unit Zones, except where the lot is located within a historic
or landmark district. Allowed within a High Fire Hazard Area if designed
to meet high fire construction standards adopted or enforced by the
City, as determined by the Chief Building Official or the Fire Code
Official.
2.
Recreational Vehicle (RV). No recreational
vehicle shall be used or occupied for living or sleeping purposes
unless it is located in a recreational vehicle park and complies with
all provisions of any ordinance of the City of Santa Barbara regulating
such park and as provided below.
a.
Parking Lots of Nonprofit Organizations. A public
benefit nonprofit corporation (which uses its real property for a
permitted nonprofit public or semi-public use) may allow the overnight
use of an adjacent paved vehicular parking portion of their real property
by the registered owner of a recreational vehicle as a transitional
housing alternative under the following limited circumstances:
i.
Such overnight use does not conflict with express conditions imposed
by the City on a permit for the nonprofit public or semi-public use.
ii.
No more than five recreational vehicles are on the nonprofit organization's
real property for overnight accommodation use at any one time.
iii.
During the overnight use, each recreational vehicle is sited
at a location not less than 50 feet from any real property being used
for residential purposes.
iv.
Such recreational vehicles are properly and currently licensed for
operation on the highway in accordance with the California Vehicle
Code.
v.
The nonprofit organization has sole and exclusive control of the
parking being used for this purpose.
vi.
The nonprofit organization makes adequate and sanitary bathroom facilities
(as approved by the Santa Barbara County Health Officer) available
to the occupants of the recreational vehicles.
vii.
No rent is received by the nonprofit organization for this overnight
accommodation use, as the term "rent" is defined in Section 26.08.030.N
of the Santa Barbara Municipal Code.
viii.
The owner of the recreational vehicle has been issued a permit
for such use of the recreational vehicle by a nonprofit entity designated
by the City for supervising the Recreational Vehicle Safe Parking
Program and designated by the City to assist such recreational vehicle
owners in transitioning to permanent housing.
b.
Parking of Recreational Vehicles in Certain Areas of Certain
Zones. An owner of real property in the M-I zone, north of
the U.S. Highway 101, and the M-C zone, east of Santa Barbara Street
to the City limits as shown on Figure 30.185.270, RV Overnight Parking
in Certain Areas of M-I and M-C Zones, may allow the overnight use
of a paved parking portion of their real property by the registered
owner of a recreational vehicle as a transitional housing alternative
under the following limited circumstances:
i.
Such overnight use does not conflict with express conditions imposed
by the City on a use permit for the use of the real property.
ii.
No more than one recreational vehicle is on the real property for
overnight accommodation use at any one time.
iii.
During the overnight use, each recreational vehicle is parked
at a location not less than 50 feet from any real property being used
for residential purposes.
iv.
Such recreational vehicles are properly and currently licensed for
operation on the highway in accordance with the California Vehicle
Code.
v.
The owner of the real property makes adequate and sanitary bathroom
facilities (as approved by the Santa Barbara County Health Officer)
available to the occupants of the recreational vehicles.
vi.
No rent is received by the owner of real property for this overnight
accommodation use, as the term "rent" is defined in Santa Barbara
Municipal Code Section 26.08.030.N, so long as the occupant of the
recreational vehicle serves as nighttime security personnel.
vii.
The owner of the recreational vehicle has been issued a permit
for such use of the recreational vehicle by a nonprofit entity designated
by the City for supervising the Recreational Vehicle Safe Parking
Program and designated by the City to assist such recreational vehicle
owners in transitioning to permanent housing.
c.
City Parking Lots. A City public parking lot may
be designated by a resolution of the City Council for use by recreational
vehicles with conditions and permit restrictions established in the
City Council resolution. Such Council resolution shall also establish
criteria for and a process to certify the continuing need for the
occupants of a recreational vehicle to use the recreational vehicle
as a transitional housing alternative pending an eventual transition
to an acceptable and safe housing alternative.
B.
Nonresidential Use. No recreational vehicle, mobilehome, or modular unit shall be used for nonresidential purposes except as allowed pursuant to Section 30.185.420, Temporary Uses, or uses consistent with the following:
1.
Vehicle Sales Office. A recreational
vehicle or mobilehome used as a sales office for the following uses,
provided that all required permits are obtained:
a.
A new or used recreational vehicle or mobilehome sales business located
on the same lot or parcel of land where the business is located and
new or used recreational vehicles or mobilehomes, other than that
used for a sales office, are normally kept for display to the public.
b.
A new or used auto sales business conducted on the same lot or parcel
of land outside a City-designated historic or landmark district.
2.
Park Office. A modular unit or mobilehome
in a residential zone used for temporary office purposes in connection
with the use of real property as a dedicated public park provided
that the owner of the property or the operator of the park has received
the required City approvals to construct a permanent park office building
and all of the following conditions exist:
3.
Fire Protection Purposes. A modular
unit or mobilehome in a residential zone may be used for interim fire
protection purposes in connection with the use of City Fire Station
No. 7 (Sheffield/Stanwood Station) provided that the following conditions
apply:
a.
That such use does not continue for a period of time in excess of
five years from its initiation;
b.
That the Mobilehome is not installed on a permanent foundation;
c.
That the Mobilehome observes the minimum interior setback requirement
for new nonresidential structures to the greatest extent feasible
as determined by the Community Development Director.
|
FIGURE 30.185.270: RV OVERNIGHT PARKING IN CERTAIN AREAS
OF M-I AND M-C ZONES
 |
Mobilehome and Permanent Recreational Vehicle Parks shall be
located, developed, and operated in compliance with the following
standards:
A.
Park Standards.
1.
Minimum Site Area. The minimum site
area for a mobilehome park is two acres.
2.
Maximum Density. Maximum density is
as allowed for a residential use in the zone in which the park is
located.
3.
Setbacks. A mobilehome or permanent
recreational vehicle park shall comply with the minimum setback regulations
applicable to residential development in the zone in which park is
located.
4.
Open Yard. Open yards in conformance with the number of residential units located onsite shall be provided pursuant to Section 30.140.140, Open Yards.
5.
Internal Roadways. Internal roadways
shall provide direct access to each mobilehome or recreational vehicle
space and shall be provided in such a pattern as to provide convenient
and safe traffic circulation within the park. Such roadways shall
be built to the following standards:
6.
Lighting. Internal roadways and walkways
shall be lit using low-intensity lighting directed away from surrounding
residential uses.
7.
Landscaping, Fencing, and Screening.
a.
Street Frontage. Street trees and parkway planting
shall be installed and maintained in the right-of-way along the full
width of the park property fronting on a street.
b.
Front Boundary. A six-foot wide landscaped buffer
shall be provided along front boundaries of the mobilehome or permanent
recreational vehicle park property, regardless of whether or not the
property fronts a public street. An ornamental wall or fence may be
erected in conjunction with the landscape buffer, but shall not take
the place of the required buffer. The landscape buffer shall be reviewed
and approved by the appropriate Design Review body.
c.
Side and Rear Boundaries. Side and rear boundaries
of a mobilehome or permanent recreational vehicle park shall be hidden
from view with a six-foot high ornamental wall, fence or landscape
planting. The Planning Commission may reduce or waive this requirement
upon finding it is unreasonable or unnecessary to require a wall,
fence or landscape planting due to the nature of the existing topography
or other existing conditions that might render such wall, fence or
screen ineffective.
8.
Laundry Facilities. Common laundry
facilities consisting of one automatic washer and one dryer for every
10 mobilehome or recreational vehicle spaces shall be provided. The
Planning Commission may reduce or waive this requirement where the
applicant can demonstrate that this standard cannot or should not
reasonably be met.
B.
Space Standards.
1.
Minimum Dimensions. Each mobilehome
and recreational vehicle space shall be a minimum of 26 feet wider
and 10 feet longer than the mobilehome or recreational vehicle placed
in that space.
2.
Space Setbacks. Each mobilehome and
recreational vehicle space shall have a minimum interior setback of
three feet and a minimum front and rear setback of five feet.
3.
Space Coverage. The area of a mobilehome
or recreational vehicle space occupied by a mobilehome, recreational
vehicle, cabana, carport, ramada or any accessory structure or awnings
or combination thereof shall not exceed 60% of the total area of that
space.
4.
One Mobilehome or Recreational Vehicle Per Space. Not more than one mobilehome or recreational vehicle shall
be allowed on any mobilehome or recreational vehicle space.
5.
Obstructions. No obstruction of any
kind shall be erected, placed or maintained on or about the mobilehome
or recreational vehicle space which would impede the movement of a
mobilehome or recreational vehicle to or from a space or prevent inspection
of plumbing or electrical facilities.
6.
Pad and Surface. Each mobilehome and
recreational vehicle shall be placed on a pad at least large enough
to cover the entire area underneath any mobilehome or recreational
vehicle placed thereon. Each such pad shall be surfaced with asphaltic
concrete of minimum thickness of two inches, or an equivalent surfacing
material to the length and width of the mobilehome or recreational
vehicle placed on the space.
7.
Patio. Each space shall contain a concrete
patio of at least 140 square feet in area with minimum dimensions
of nine feet.
8.
Skirting. The underneath of all mobilehomes
and recreational vehicles shall be enclosed from the bottom of the
mobilehome or recreational vehicle to the ground with a solid metal
skirt, wood skirt, block wall or equivalent material approved by the
Community Development Director.
A.
Purpose and Intent.
1.
Where a person proposes to convert an existing mobilehome park to
another use or to close a mobilehome park or to cease using land as
a mobilehome park, current provisions of State law, as set forth in
Government Code Sections 65863.7 and 66427.4 and Civil Code Section
798.56, authorize the City to require the person proposing the change
of use to file and distribute a report on the impact of such change
and further authorize the City to require measures to be undertaken
to mitigate the adverse effects of the change of use upon the residents
of the mobilehome park who would be displaced by such change.
2.
The City Council finds and determines that mobilehome parks and permanent
recreational vehicle parks are an important source of affordable housing
within the City of Santa Barbara. Unless mitigation measures are undertaken,
the conversion, closure or cessation of use of mobilehome parks could
have a substantial adverse effect upon park residents in terms of
cost of relocation, scarcity of similar comparable housing within
a reasonable proximity to the City, and the significantly higher costs
of other types of housing in the immediate area if park residents
cannot relocate to other mobilehome parks.
3.
It is the intent and purpose of the City Council in adopting this
chapter to establish reasonable rules and regulations in accordance
with the authority granted by State law to mitigate the adverse effects
of relocation upon park residents of mobilehome parks and permanent
recreational vehicle parks who are confronted with a proposed change
of use for their mobilehome or permanent recreational vehicle park
or portions of the park and so that the owners and occupants of mobilehomes
and permanent recreational vehicles and the owners of parks understand
their rights and responsibilities in such situations.
4.
This chapter also establishes standards for the closure or other
conversion of a mobilehome park to another use and addresses the impact
of such conversion upon the ability of displaced residents to find
adequate housing in another mobilehome park, in order to provide financial
compensation and relocation assistance to displaced residents and
provide mobilehome park owners with protection from unreasonable relocation
costs, in compliance with Government Code Sections 65863.7 and 66427.4
and Civil Code Section 798.56.
B.
Permit Required. No applicant shall convert the use of any
existing mobilehome park or permanent recreational vehicle park without
first having obtained a conversion permit approved by the Community
Development Director or the Planning Commission, or City Council on
appeal.
C.
Conversion Defined. For purposes of this section, "conversion"
shall mean change of use of a mobilehome or permanent recreational
vehicle park or a portion of a mobilehome or permanent recreational
vehicle park for a purpose other than the rental, or the holding out
for rent, of two or more mobilehome spaces or recreational vehicle
spaces to accommodate mobilehomes or recreational vehicles for human
habitation. A conversion shall include, but not be limited to, the
following:
1.
The replacement of an existing use on a space or any portion of a
space by a new use;
2.
The cessation of use of land or any portion thereof, as a mobilehome
or permanent recreational vehicle park, whether immediately or on
a gradual basis;
3.
The closure of a mobilehome or permanent recreational vehicle park,
or any portion thereof; including, but not limited to, when a mobilehome
park or permanent recreational vehicle park owner chooses to cease
renting or leasing mobilehome spaces for human habitation and this
cessation of use would result in the displacement of mobilehome or
permanent recreational vehicle park residents, or when 25 percent
or more of the mobilehome spaces or permanent recreational vehicle
spaces within a park become vacant and the Community Development Director
determines that an unauthorized conversion is underway; and
4.
The change of any existing mobilehome or permanent recreational vehicle
park or any portion thereof to condominium, stock cooperative, planned
unit development, or any form of ownership wherein spaces within the
mobilehome park are to be sold for residential development, commercial
use, office, use, manufacturing use, industrial use, or as vacant
land (except for an excluded conversion).
D.
Exclusions. This section shall not apply to any of the following:
E.
Subdivision of Land. Except as otherwise provided in this section, any conversion of a rental park to a mobilehome subdivision or condominiums shall be subject to Chapter 27.50 and Chapter 30.155, Conversion of Residential Units to Condominiums, Hotels, or Similar Uses. For the purposes of this chapter, condominiums shall be deemed to include community apartments and stock cooperatives.
F.
Review Authority. The Community Development Director shall be the review authority for the application for the conversion permit or the revocation of a conversion permit. Decisions of the Community Development Director may be appealed to the Planning Commission pursuant to Section 30.205.150.
G.
Other Permit Approvals. An applicant for a conversion permit
shall comply with all other applicable conditional use permit, subdivision
map, or other permits or other land use entitlements for any proposed
change of use or other conversion of a mobilehome park or permanent
recreational vehicle park to another use.
H.
Physical Standards for Conversion of Mobilehome and Permanent Recreational
Vehicle Parks to Subdivisions, Condominiums or Overnight Recreational
Vehicle Parks.
1.
Standards. In order to convert the use of a mobilehome or permanent recreational vehicle park to mobilehome or recreational vehicle condominiums or subdivisions, said park shall be brought up to the standards for construction of new mobilehome or permanent recreational vehicle parks as established in Section 30.185.280, Mobilehome and Permanent Recreational Vehicle Parks. In cases where: (i) the applicant can demonstrate that the standards cannot or should not reasonably be met; and (ii) 75 percent of the current residents of an applicant's park have expressed a written intent to purchase the park from the applicant, said standards may be reduced or waived by the Community Development Director.
2.
Conversion. In order to convert the use of a mobilehome or permanent recreational vehicle park to an overnight recreational vehicle park, said overnight recreational vehicle park shall meet all standards required by Section 30.185.320, Overnight Recreational Vehicle or Camping Parks.
I.
Application Requirements for Conversion Permits. In addition
to such other application requirements as the Community Development
Director may deem necessary, no application for a conversion permit
shall be accepted for any purpose unless it includes the following:
1.
Concept Plan. A written statement and
concept plan indicating the use the park site is intended to accommodate,
including the approximate number of proposed residential units, if
any; approximate square footage and use of any buildings proposed;
and the probable impacts/benefits to the community created by the
proposed project.
2.
Site Plan. A site plan of the existing
mobilehome or permanent recreational vehicle park showing all existing
mobilehome and recreational vehicle spaces, identified by number and
indicating whether the space is currently occupied.
3.
List of Residents and Homeowners. A
list of the names and addresses of all residents and homeowners of
the mobilehome or permanent recreational vehicle park.
4.
Pre-Conversion Questionnaire. A questionnaire
completed by each resident and homeowner who would be displaced by
the proposed conversion, prepared and circulated in accordance with
this section.
5.
Conversion Impact Report. A report
on the housing and financial impacts of the mobilehome or permanent
recreational vehicle park conversion and removal upon all displaced
residents and homeowners. The conversion impact report shall be prepared
by a relocation specialist acceptable to the City and, at a minimum,
shall include the following information and supporting documentation:
a.
The number of mobilehomes and recreational vehicles that will be
displaced by the proposed conversion and the number that will not
be affected;
b.
Rental rate history for each space for the previous five years;
c.
History of each space as a rent-controlled space or exempt space
(long-term lease space pursuant to Civil Code Section 798.17) for
each of the previous five years;
d.
Monthly vacancy rate for each month during the preceding two years;
e.
Makeup of existing resident households, including number of residents,
length of residence (including, but not limited to, a separate listing
of the beginning date of tenancy of each resident in the subject space
and in the park), age of residents, estimated household income, status
as disabled household (including number of persons with disabilities),
whether receiving federal or state rent subsidies, and whether occupied
by homeowner(s), renter(s), and non-mobilehome resident(s);
f.
The manufacturer, date of manufacture and size of each mobilehome
and recreational vehicle in the park;
g.
A list of those mobilehomes or recreational vehicles that cannot
qualify for relocation to another park within reasonable proximity
to the City as specified in this section, and the reasons therefor;
h.
A statement of availability and location of replacement space in
comparable mobilehome or recreational vehicle parks within reasonable
proximity to the City as specified in this section including, but
not limited to, the number and location of available vacant mobilehome
or recreational vehicle spaces in existing comparable mobilehome or
recreational vehicle parks within a 25 mile radius of the mobilehome
or recreational vehicle park for which conversion is sought, the space
rental rates and evidence of the willingness of those mobilehome or
recreational vehicle park owners to receive some or all of the displaced
mobilehomes or recreational vehicles;
i.
The names, addresses and phone numbers of the relocation specialist,
other consultants, mobilehome and recreational vehicle appraisers,
movers, and relocation counselors who the applicant might use. The
professional credentials of these specialists shall be described,
and all such specialists used during the project shall be acceptable
to the City; and
i.
A list of comparable alternative housing and/or replacement housing
within a 25 mile radius that is currently available to displaced homeowners
and residents. The list shall include mobilehomes and housing units
that are available for rent or for sale, both affordable and market
rate units.
6.
Relocation Assistance Plan. The applicant shall cause preparation of a relocation assistance plan by a City-approved relocation specialist which states all measures proposed by the applicant to mitigate any identifiable adverse impacts of the conversion on the displaced permanent residents of the mobilehome or permanent recreational vehicle park. Every relocation assistance plan shall provide, at a minimum, that displaced permanent residents will be provided relocation benefits equal to or exceeding those required by Section 30.155.150, Tenant Protection Provisions. A permanent resident is a person who meets the definition set forth in this section and: (i) who owns the unit as a sole residence; and (ii) does not include a person who has resided in the unit for one year or less prior to the date of application for the conversion permit, provided the person was given written notice of the owner's intention to convert prior to executing a rental agreement or lease for a tenancy in the park.
7.
Evidence of Notice. Proof of service
of the Notice of Intent required by this section on each mobilehome
and recreational vehicle park homeowner, renter and non-mobilehome
resident. The applicant shall also submit evidence that a Notice of
Intent to convert was delivered to each homeowner, renter and non-mobilehome
resident for whom a signed copy of said notice is not submitted.
8.
Other Information. Any other information
which, in the opinion of the Community Development Director, will
assist in determining whether the proposed project will be consistent
with the purpose and intent of this section.
J.
Informational Meeting.
1.
The applicant shall conduct an informational meeting on the proposed
conversion for the residents at least 10 days before the initial scheduled
hearing on the application for the conversion permit.
2.
The meeting shall be conducted on the premises of the mobilehome
or permanent recreational vehicle park, or other location acceptable
to the City, and a City representative and the relocation specialist
shall be present.
3.
The meeting shall address the proposed conversion, the conversion
application process, the contents of the conversion impact report,
and proposed relocation assistance plan for displaced homeowners,
renters and non-mobilehome residents.
4.
All residents shall receive a written notice at least 10 days prior
to the meeting. The notice shall specify the time, date, and location
of the informational meeting and summarize the subject matter of the
meeting which at a minimum shall address the requirements listed in
subsection J.3., above.
K.
Pre-Conversion Questionnaire.
1.
Prior to the applicant filing a conversion permit application with
the City, the relocation specialist shall distribute a pre-conversion
questionnaire to the mobilehome and permanent recreational vehicle
residents who would be displaced by the proposed conversion. The residents
shall have not less than 30 days from the date of certified mailing
or personal delivery to complete and return the pre-conversion questionnaire
to the relocation specialist. The pre-conversion questionnaire shall
be distributed no later than service of the Notice of Intent required
by this section.
2.
The Director shall provide a standard pre-conversion questionnaire
for use by the relocation specialist. At a minimum, the pre-conversion
questionnaire shall include questions requesting the displaced mobilehome
and permanent recreational vehicle residents to provide the information
required in order for the applicant to prepare a conversion impact
report in accordance with this section.
3.
The pre-conversion questionnaire shall include the name, qualifications
and contact information for the relocation specialist and any other
consultants to be used by the applicant for the preparation of the
conversion impact report.
4.
Completed pre-conversion questionnaires submitted to the relocation
specialist shall be treated as confidential, and personally identifying
information and other resident-specific personal information shall
be redacted from any public record produced by the City. At the option
of a resident, he or she may submit the completed questionnaire without
any identifying information so as to preserve confidentiality of identity
and/or personal information.
5.
Any mobilehome or permanent recreational vehicle resident who would
be displaced by the conversion may decline to provide any information
requested, but the Community Development Director's determination
of the reasonableness of the level and elements of relocation assistance
plan proposed by the applicant will be based on information provided
in response to the pre-conversion questionnaire, and the level and
elements of the relocation assistance plan deemed reasonable in an
individual case may be limited, or the relocation assistance requirement
may be eliminated, based on the resident's verified refusal to provide
information necessary to make such a determination.
L.
Acceptance of Reports. An application for a conversion permit
shall not be accepted for filing except upon submittal of the completed
pre-conversion questionnaires, the conversion impact report, the relocation
assistance plan, the Notice of Intent to convert, and other documents
prepared in accordance with this chapter and payment of the filing
fee as required by resolution of the City Council.
M.
Public Hearing.
1.
Notice of Intent. A Notice of Intent
to convert the use of the park shall be delivered to each resident
at their last known mailing address, with a copy concurrently served
on the City Clerk and Community Development Director, a minimum of
60 days prior to submittal of an application for a conversion permit.
Evidence of delivery shall be submitted with the application for conversion.
Notice shall be provided either by: (i) personal delivery; or (ii)
mailing the notice, postage prepaid, with return receipt requested.
The form of the notice shall be as approved by the Community Development
Department and shall inform each resident and homeowner of the following:
a.
Name and address of current park owner;
b.
Name and address of the applicant;
c.
Approximate date on which the application for the conversion is to
be filed;
d.
Anticipated date on which the conversion permit is to be issued;
e.
Approximate date on which the space is to be vacated by the resident,
as applicable;
f.
Provisions for special cases. The applicant shall afford special
consideration and terms to each special case resident which special
consideration, at a minimum, shall include an additional period of
time to vacate his or her space;
g.
Each resident will receive notice for each hearing and right to appear
and be heard at any such hearing;
h.
Each resident will receive a copy of the conversion impact report
and relocation assistance program prior to the public hearing;
i.
Each resident of a mobilehome or permanent recreational vehicle proposed
to be displaced will receive at least six months written notice of
termination of tenancy following the effective date of the conversion
permit in accordance with Civil Code Section 798.56(g); and
j.
Other information as may be deemed necessary by the Community Development
Director.
2.
Notice to New or Prospective Residents. After the Notice of Intent has been issued, the applicant shall
provide written notice to all new or prospective residents that the
applicant has requested City approval, or intends to request City
approval, of a change of use or that a change of use request has been
granted, in compliance with Civil Code Section 798.56(g), along with
a copy of the Notice of Intent previously approved by the Community
Development Department. The applicant shall concurrently serve copies
of these notices to prospective or new residents on the City Clerk
and Community Development Director.
3.
Resident Notice. Prior to the approval
of a conversion permit, the Community Development Director shall hold
a public hearing. Notice of the hearing shall be mailed at least 10
days prior to the hearing date to the affected residents and conspicuously
posted on the park at a place open to all residents. The public hearing
notice shall describe the general nature of the application, and include
notice of time and place of the public hearing, and notification of
the residents' rights to attend and to be heard.
4.
Staff Report. Any report or recommendation
on a proposed conversion of a mobilehome or permanent recreational
vehicle park by the staff to the Community Development Director shall
be in writing and a copy shall be sent to the applicant and to each
resident of the subject park at least three days prior to any hearing
or action on such conversion by the Community Development Director.
5.
Conversion Impact Report and Relocation Assistance
Plan. A copy of the conversion impact report and relocation
assistance plan shall be delivered to each resident of the subject
mobilehome or permanent recreational vehicle park by the applicant
a minimum of 15 days prior to the public hearing and evidence of delivery
along with a copy of the same conversion impact report and relocation
assistance plan shall be submitted to the Community Development Director
not less than five days prior to the public hearing.
N.
Conditions of Approval – Mobilehome and Permanent Recreational
Vehicle Park Conversion Permit. Approval of a conversion permit
may include reasonable conditions of approval in compliance with Government
Code Section 65863.7(e) which requires the applicant to take steps
to mitigate any adverse impact of the conversion, closure or cessation
of use on the ability of displaced mobilehome park residents to find
adequate housing in mobilehome parks, provided that the steps required
to be taken to mitigate shall not exceed the reasonable costs of relocation.
Approval of a conversion permit involving a subdivision may include
conditions of approval in compliance with Government Code Section
66427.4(c), provided that the City may impose more stringent measures
than those required by Section 66427.4, which shall not exceed the
reasonable costs of relocation to mitigate the adverse impacts on
their ability to find adequate replacement housing. Relocation assistance
shall include, but not be limited to, the measures set forth in this
section. Residents who are not permanent residents of the park shall
not be eligible for relocation assistance. The conversion permit shall
identify the options assigned to each displaced mobilehome or permanent
recreational vehicle permanent resident in a Relocation Assistance
Plan prepared by a City-approved relocation specialist in accordance
with the following requirements.
1.
Relocation Assistance.
a.
Relocation Assistance for Mobilehome and Permanent Recreational
Vehicles Whose Homes Can Be Relocated. The applicant shall
comply with all of the following requirements as applicable for all
displaced residents and homeowners:
i.
The applicant shall pay all costs related to moving the mobilehome,
fixtures, and accessories to a comparable mobilehome park within 25
miles of the existing park. If no spaces within 25 miles are available,
the mobilehome may also be moved to a homeowner-approved receiving
site as requested by the homeowner at a cost to the applicant that
does not exceed the costs of moving the mobilehome to a park within
25 miles. Fixtures and accessories include: decks, porches, stairs,
access ramps, skirting, awnings, carports, garages and storage sheds.
Relocation shall include all disassembly and moving costs, mobilehome
set-up costs, utility hookup fees, moving of homeowner's possessions,
any move-in deposit, any permitting fees (e.g., mobilehome permit,
land use permit, coastal development permit) and the reasonable housing
expenses of displaced mobilehome residents for a period not exceeding
30 days (from the date of actual displacement until the date of occupancy
at the new site) except where the City determines that extenuating
circumstances prolong the moving period. The comparable mobilehome
park, or homeowner-approved receiving site, and the relocated mobilehome
shall conform to all applicable federal, State, and City regulations.
The mobilehome park or receiving site shall be available and willing
to receive the mobilehome. The mobilehome park shall be a facility
that is licensed and inspected by the California Department of Housing
and Community Development.
ii.
The applicant shall provide displaced homeowners that qualify as
permanent residents with the payment of a lump sum equal to the difference
of rent between the old and new mobilehome park spaces for a period
of 12 months, if the new rent exceeds the old rent.
b.
Relocation Assistance for Homeowners Whose Homes Cannot Be
Relocated. In cases in which it is not feasible to relocate
the mobilehome to a comparable mobilehome park within 25 miles of
the existing park, including cases in which the condition of the mobilehome
is such that it cannot be safely relocated, cases in which the mobilehome
does not meet minimum requirements to be accepted into another mobilehome
park, or cases in which there are no available spaces at a mobilehome
park or at a mobilehome-receiving site within 25 miles, the applicant
shall provide the following relocation assistance to each homeowner
who is also a permanent resident.
i.
The applicant shall be required to buy the mobilehome and pay the
"in-place" sale value, which shall be the appraised fair market value
as determined by a certified real estate appraiser who is acceptable
to the City, utilizing principles applicable in mobilehome relocation
matters. The appraised value shall be determined after consideration
of relevant factors, including the value of the mobilehome in its
current location, assuming continuation of the mobilehome park in
a safe, sanitary, and well maintained condition; and
ii.
The applicant shall pay all costs related to moving the mobilehome,
fixtures, and accessories to a comparable mobilehome park within 25
miles of the existing park. If no spaces within 25 miles are available,
the mobilehome may also be moved to a homeowner-approved receiving
site as requested by the homeowner at a cost to the applicant that
does not exceed the costs of moving the mobilehome to a park within
25 miles. As used in this subsection eligible moving expenses and
relocation within the 25 mile radius shall have the same meanings
and be subject to the same restrictions as set forth above for mobilehomes
and recreational vehicles which can be relocated.
iii.
Each displaced mobilehome household will receive a lump sum
difference between current space rent and rent for a housing unit
of a size appropriate, according to California Health and Safety Code
Section 50052.5.(h), to accommodate the displaced household and that
meets Department of Housing and Urban Development (HUD) Housing Quality
Standards for a period of 12 months. For purposes of calculating a
relocation payment, the rent differential shall not exceed the difference
between the current space rent and the Fair Market Rent of a unit
of a size appropriate to accommodate the displaced household as published
annually by HUD. If the homeowner sells their unit to a third party
the homeowner shall receive the proceeds from said sale and is also
eligible for the aforementioned rent subsidy.
c.
Relocation Assistance for Non-Mobilehome Residents.
i.
For permanent residents whose residential units do not meet the definition
of a mobilehome, the applicant shall pay all costs related to moving
the unit, fixtures, and accessories to a resident-approved receiving
site within 25 miles of the existing location, as requested by the
resident as provided in subsection A.1(a), above. The applicant shall
also provide payment of a lump sum equal to the difference of rent
between the old and new mobilehome park spaces for a period of 12
months, if the new rent exceeds the old rent.
The applicant shall also pay the reasonable living expenses
of displaced residents for a period not exceeding 30 days (from the
date of actual displacement until the date of occupancy at the new
site) except in cases in which the City determines that extenuating
circumstances prolong the moving period. If the unit cannot be relocated,
the applicant shall pay a sum equal to three months of the fair market
rent for the area as determined by HUD pursuant to Section 1437f(c)(1)
of Title 42 of the United States Code or $7,000.00, whichever is greater,
to each such displaced household. The homeowner-approved receiving
site, and the relocated mobilehome shall conform to all applicable
federal, State, and City regulations. The receiving site shall be
available and willing to receive the mobilehome.
ii.
In cases in which it is not feasible to relocate the non-mobilehome
resident to a mobilehome park or other receiving site within 25 miles,
including cases in which the condition of the non-mobilehome is such
that it cannot be safely relocated, cases in which the non-mobilehome
does not meet minimum requirements to be accepted into another mobilehome
park or other receiving site, or cases in which there are no available
spaces at a mobilehome park or at another receiving site within 25
miles, the applicant shall provide the following relocation assistance
to each permanent resident: (a) moving costs to comparable park or
housing within 25 miles; and reasonable household expenses for 30
days; and payment of four times the median advertised rental rate
within 25 miles or $5,000.00, whichever is greater (for disabled permanent
resident, five times the median advertised rental rate within 25 miles,
or $6,000.00, whichever is greater). As used herein, "moving costs"
shall have the same meaning as set forth above.
d.
Relocation Assistance for Mobilehome Renters. The
applicant shall pay all costs related to moving to a comparable park
or housing within 25 miles; and reasonable household expenses for
a period not exceeding 30 days (from the date of actual displacement
until date of occupancy at the new site). The applicant shall pay
each displaced renter household a lump sum equal to four times the
median advertised rental rate within 25 miles or $9,000.00, whichever
is greater (for disabled permanent resident, five times the median
advertised rental rate within 25 miles, or $11,000.00, whichever is
greater). As used herein, "moving costs" shall mean all reasonable
costs associated with moving the possessions of the displaced renter
household.
2.
Relocation Assistance Plan.
a.
The relocation assistance plan required above shall describe the
relocation assistance to be provided for all permanent mobilehome
park residents who will be displaced, whether they rent or own the
occupied mobilehome unit.
i.
The plan shall describe the cost of relocation for each displaced
mobilehome and/or household, identify the location of the new mobilehome
space or replacement housing unit, the amount of financial assistance
to be provided, and shall describe the time frame and steps that will
be taken to complete the relocation.
ii.
All real estate and financial transactions and all relocation activities
shall be completed prior to termination of mobilehome park tenancy
for each displaced household.
iii.
The plan shall identify all displaced mobilehomes to be sold
to the applicant or a third party, or to be relocated for the homeowner(s);
provide the purchase value of all mobilehomes to be sold including
fixtures and accessories; and describe all relocation costs for displaced
mobilehome park residents.
iv.
Any disagreement between a mobilehome park resident and the applicant
regarding relocation assistance or sales value shall be referred for
non-binding arbitration to a professional arbitrator acceptable to
the City and paid for by the applicant. Such disagreements must be
submitted in writing to the applicant by the mobilehome park resident
within 45 days after the mobilehome park resident has obtained a written
notice describing what he/she will receive.
b.
Relocation Counseling Services. The applicant shall
offer to provide to all displaced homeowners and residents the services
of the relocation assistant, acceptable to the City, to provide information
about the available housing resources and to assist with the selection
of suitable relocation alternatives. Acceptable relocation alternatives
include vacant mobilehome units and spaces, rental and ownership housing
units, affordable and market-rate units. No later than 30 calendar
days following the effective date of the conversion permit for the
mobilehome park closure, the relocation assistant or other relocation
counselor(s) shall make personal contact with each displaced resident
of the mobilehome park and commence to determine the applicable relocation
costs and assistance to be provided. The relocation assistant shall
give to each person eligible to receive relocation assistance a written
notice of his or her options for relocation assistance as determined
by the conversion permit. The relocation assistant shall provide proof
of contact and written notice with the mobilehome park residents by
filing an affidavit attesting that fact with the Department.
3.
Minimum Standards. The applicant and
any person eligible for relocation assistance may agree to other mutually
satisfactory relocation assistance that meet or exceed the requirements
of this section, as applicable. Nothing contained herein precludes
any homeowner who is also a permanent resident of the park from selling
his or her mobilehome to the applicant for an agreed upon price to
be no less than the amount of relocation assistance required by this
section in exchange for waiver of payment of those benefits. Nothing
contained herein shall require any homeowner to agree to sell his
or her mobilehome to the applicant or to waive receipt of relocation
benefits. Nothing contained herein precludes the applicant and displaced
mobilehome park residents who are also permanent residents of the
park from agreeing on other mutually satisfactory relocation assistance
in lieu of the assistance required in this section.
O.
Findings – Mobilehome and Permanent Recreational Vehicle Park
Conversion Permit. The Community Development Director shall
not approve an application for the conversion permit unless the Community
Development Director, following the public hearing and presentation
of evidence, makes all of the following findings:
1.
The conversion impact report provides the information required by
State law and this section and provides the Community Development
Director with adequate information on the impacts of the park conversion
with respect to disruption and displacement of affected residents
and homeowners, and the methods available for addressing relocation
needs.
2.
That all provisions of this section and the approval of the conversion
permit will not be detrimental to the health, safety and general welfare
of the City, including, but not limited to, that the proposed conversion
permit is consistent with the General Plan, any specific plan or area
plan, and Local Coastal Plan, and applicable zoning. In making this
finding, the Community Development Director shall specifically consider
the consistency of the proposed conversion with the City's affordable
housing policies procedures as expressed in the City's most recent
Housing Element.
3.
The proposed relocation assistance plan contains elements that will:
(i) mitigate any significant adverse impact on the ability of displaced
permanent mobilehome or permanent recreational vehicle park residents
and homeowners to find adequate space in a mobilehome or permanent
recreational vehicle park; or (ii) in the event such a space is not
available, provides other reasonable and comparable relocation assistance,
and there are sufficient assurances that the measures in the program
will be implemented.
4.
The relocation assistance plan provides for reasonable costs of relocation
based on the findings of the conversion impact report.
5.
In a park where the majority of permanent residents have incomes
at or below low and moderate levels, as defined by the City's Affordable
Housing Policies and Procedures and as established by the most recently
filed federal income tax returns or some other document deemed acceptable
by the Community Development Director, the City of Santa Barbara or
the Housing Authority of the City of Santa Barbara has been offered
the right to purchase the mobilehome or recreational vehicle park
at fair market value, as determined by an independent real property
appraiser selected by the City, and has declined the offer or has
failed to act on the offer within 180 days of the park owner's mailing
to the City a "Notice of Intent to Convert." This finding may be reduced
or waived where the applicant can demonstrate, to the satisfaction
of the Planning Commission or City Council on appeal, that the applicant
has made reasonable efforts to obtain necessary income information
from a majority of the permanent residents in the park and has been
unable to do so.
6.
The applicant has not engaged in coercive action toward the residents,
such as an unreasonable rent increase, after submission of the first
application for City review through the date of approval. In making
this finding, consideration may be given to:
a.
Rent increases at a rate greater than the rate of increase in the
Consumer Price Index (Urban Wage Earners and Clerical Workers, Los
Angeles-Long Beach-Anaheim Average, all items, as published by U.S.
Bureau of Labor Statistics) unless provided for in leases or contracts
in existence prior to the submittal of the first application for City
review, and
b.
Any other action by the applicant which is taken against residents to coerce them to refrain from opposing the issuance of the conversion permit including, but not limited to, any violation of Chapter 26.04 of the Santa Barbara Municipal Code. An agreement with residents which provides for benefits to the residents after the approval shall not be considered coercive action.
7.
That all reports and notices required under State law and this chapter
have been properly prepared and served on all homeowners and residents.
8.
For any proposed conversion that includes the retention of any existing
buildings, that both of the following conditions are met:
a.
All such permanent buildings shall, on the effective date of the
conversion, be in compliance with the exit and occupancy requirements
and the height and area requirements for the type of construction
and occupancy involved as required by the California Building Code
as adopted and amended by the City, and other applicable laws; and
b.
All such buildings shall, on the date of the conversion, be in all
respects in compliance with the Zoning Ordinance and the goals and
policies of the General Plan, any specific plan or area plan, and
the Local Coastal Plan, as applicable, or legally nonconforming therewith.
Notwithstanding the provisions of Santa Barbara Municipal Code pertaining
to nonconformity, any legally nonconforming building or buildings
for which a subdivision or condominium conversion application is approved
may be remodeled or otherwise physically changed provided the changes
do not increase or intensify the element of the building that is nonconforming.
P.
Unauthorized Conversion.
1.
Whenever 25 percent or more of the total number of mobilehome sites
within a mobilehome park that are occupied as of the effective date
of this section are uninhabited for more than 90 consecutive days,
and such condition was not caused by a natural or physical disaster
beyond the control of the mobilehome park or permanent recreational
vehicle park owner, then such condition shall be deemed a "mobilehome
park conversion" for the purposes of this chapter. The mobilehome
park owner shall file an application for the conversion, in compliance
with the requirements of this section. A mobilehome space is considered
to be "uninhabited" when no rent is being paid for use of the space
and for a period of 90 days or more it is either: (i) unoccupied by
a mobilehome; or (ii) occupied by a mobilehome in which no person
resides.
2.
Whenever a mobilehome park resident or other interested person has reason to believe that 25 percent or more of the total number of mobilehome sites within a mobilehome park are uninhabited, as described in subsection A of this section, such resident or person may file a written statement to that effect with the Community Development Director. Upon receipt of such statement, the Community Development Director shall cause an investigation and inspection to be conducted to verify the accuracy of such statement. Upon completion of the investigation and inspection, the Community Development Director shall make a determination as to whether an unauthorized mobilehome park conversion is underway.
3.
If the Community Development Director determines that an unauthorized
mobilehome park conversion is underway, he or she shall send a written
notice by certified mail to the mobilehome park owner which describes
the Community Development Director's determination and establishes
a reasonable period of time by which the mobilehome park owner shall
submit an application in compliance with this section for the conversion
of a mobilehome park.
4.
Once the Community Development Director has determined whether an
unauthorized mobilehome park conversion is underway, a written notice
that describes such determination shall be sent by the City to the
mobilehome park owner, mobilehome park manager, the person(s) who
filed the written statement in compliance with subsection P.2. above,
and to all the residents in the mobilehome or permanent recreational
vehicle park.
5.
The determination of the Community Development Director, in compliance
with subsection P.2. above, may be appealed by the person who filed
the statement, by the mobilehome park owner, the mobilehome park manager,
or by any other interested person within the 10 calendar days following
the date of the notice of determination.
Q.
Request for Exemption from Relocation Assistance Requirements.
1.
Any person who files an application for a conversion permit for the
closure or other change of use of a mobilehome park or permanent recreational
vehicle park may, simultaneous with and as part of the filing of such
application, request an exemption from some or all of the relocation
assistance requirements described above. The request for the exemption
shall be processed in conjunction with the application for the conversion
permit, and shall be distributed to each resident household at the
time of application submittal. The applicant may request an exemption
for one of the following reasons:
a.
That the requirement(s) for relocation assistance would eliminate
substantially all reasonable economic use of the property.
b.
That a court of competent jurisdiction has determined in connection
with a proceeding in bankruptcy that closure or other conversion of
the mobilehome or permanent recreational vehicle park is necessary,
and that such court has taken further action that would prohibit or
preclude the payment of relocation assistance benefits, in whole or
in part.
c.
That the relocation assistance required by this section exceeds the
reasonable costs of relocation for displaced mobilehome and permanent
recreational vehicle park residents and homeowners, as proscribed
by Government Code Sections 65863.7(e) or 66427.4.
2.
Any request for exemption submitted in compliance with this section
shall contain, at a minimum, the following information:
a.
Statements of Profit and Loss. A statement of profit
and loss from the operations of the mobilehome park or permanent recreational
vehicle park for the five-year period immediately preceding the date
of the application of exemption, certified by a certified public accountant.
b.
Engineer's Report Required. If the applicant contends
that continued use of the property as a mobilehome park or permanent
recreational vehicle park necessitates repairs and/or improvements
that are not the result of the park owner or applicant's negligence
or failure to properly maintain the said property, and that the costs
thereof makes continuation of the mobilehome park or permanent recreational
vehicle park economically infeasible, then a report shall be made
and submitted, under penalty of perjury, by a civil engineer or general
contractor licensed as such in compliance with the laws of the State
of California.
i.
The report shall verify that such civil engineer or contractor has
thoroughly inspected the entire mobilehome park or permanent recreational
vehicle park and has determined that certain repairs and improvements
must be made to the mobilehome park or permanent recreational vehicle
park to maintain the park in decent, safe and sanitary condition,
and that those certain repairs are not the result of the mobilehome
park owner or permanent recreational vehicle park owner or applicant's
negligent failure to properly maintain the said property.
ii.
The report shall describe the minimum period of time in which such
improvements or repairs can be accomplished along with the estimated
cost for the improvements and repairs. The anticipated costs or damages,
if any, which may result if maintenance is deferred shall be identified
separately. The report shall also describe any additional repairs
or improvements that will be necessary for continuous upkeep and maintenance
of the property.
iii.
The report shall be referred to the California Department of
Housing and Community Development for review and comment.
iv.
If the Director requires an analysis of the information submitted
by the civil engineer or general contractor, the Director may procure
the services of another licensed civil engineer or general contractor
to provide such written analysis, and all such costs shall be paid
entirely by the applicant.
c.
Relocation Assistance Estimate. An estimate of the
total cost of relocation assistance which would be required in compliance
with this section. This estimate shall be based on surveys, appraisals
and reports, prepared to the City's satisfaction, that document the
number of permanent residents who are able to relocate their mobilehomes
or recreational vehicles and those who would sell their mobilehomes
and recreational vehicles, and the costs related to providing the
relocation assistance measures delineated in this section.
d.
Property Value. If the proposed conversion is due
to conversion of the land to another use, an estimate of the value
of the mobilehome park or permanent recreational vehicle park, if
the park were permitted to be developed for the change of use proposed
in the application for closure of the park, and an estimate of the
value of said park, if use of the property as a mobilehome park or
permanent recreational vehicle park is continued, are required. These
estimates shall be prepared by a certified real estate appraiser who
is acceptable to the City.
e.
Additional Information. Any other information which
the applicant believes to be pertinent, or that may be required by
the Community Development Director.
f.
Bankruptcy. Any request for exemption shall be accompanied
by adequate documentation regarding the title, case number, and court
in which the bankruptcy proceeding was held, and copies of all pertinent
judgments, orders, and decrees of the said court.
3.
When making his or her determination as to whether to waive or modify
a portion or all of any type of benefit that would otherwise be applicable,
the Community Development Director may take into account the financial
history of the mobilehome park or permanent recreational vehicle park,
its condition and the condition of amenities and improvements thereon,
the cost of any necessary repairs, improvements or rehabilitation
of said park, the estimated costs of relocation, the fair market value
of the property for any proposed alternative use, the fair market
value of the property for continued use as a mobilehome park, and
any other pertinent evidence requested or presented. The Community
Development Director shall expressly indicate in his decision any
waiver and the extent thereof.
4.
Where a court of competent jurisdiction has determined in connection
with a proceeding in bankruptcy that the closure or cessation of the
use of said property as a mobilehome park or permanent recreational
vehicle park is necessary, and such court has taken action which would
prohibit or preclude payment of relocation benefits, whether in whole
or in part, the Community Development Director shall have the authority
to waive all or a portion of any type of benefit to the extent necessary
to comply with the judgment, order, or decree of the court.
5.
The action of the Community Development Director to approve, conditionally
approve, or deny the request for exemption is final, subject to appeal
in compliance with Section 28.05.020.B.
R.
Eminent Domain. In the event there is an exercise of eminent
domain by the City which has the effect of a mobilehome park or permanent
recreational vehicle park conversion, relocation assistance benefits
shall be provided by the City to affected mobilehome park residents,
homeowners and mobilehome renters pursuant to the provisions of this
section or the law of eminent domain, whichever provides the maximum
benefit.
S.
Resident Protections.
1.
Before entering a rental agreement, the park owner shall advise each
prospective resident, in writing, that a proposed conversion impact
report and conversion permit application has been filed and that the
prospective resident will not be entitled to any relocation assistance
under this section.
2.
Any resident already leasing or renting a space in the park, or residing
in a mobilehome in the park, on the date the application for approval
of a conversion impact report is filed shall be eligible for relocation
assistance.
3.
No park owner shall require any resident to waive his or her rights
to relocation assistance as a condition of leasing or renting a space
in a mobilehome park or permanent recreational vehicle park, except:
(a) when the resident moves into the park after the date the conversion
application is filed; and (b) prior to the new resident's execution
of the lease or other rental agreement, the park owner gave written
notice to that new resident that the conversion application has been
filed. Any such waiver will only be valid if the park owner completes
the conversion hearing process within one year.
4.
No homeowner shall be required to remove his or her mobilehome and
no mobilehome renter or non-mobilehome resident shall be required
to vacate the park until all of the following conditions have been
satisfied:
a.
The park owner has given the six months' notice of closure required
by Civil Code Section 798.56 and that six-month period has elapsed;
b.
The City's decision approving the conversion is final; and
c.
The park owner has provided the relocation assistance required by
the City as a condition of conversion.
5.
An application for conversion of a park does not relieve a resident
from his or her obligation to pay rent or comply with any other condition
of tenancy in the park.
6.
Unless a conversion impact report with relocation assistance plan
and conversion permit have been approved by the City and a certificate
of acceptance has been recorded, as required by this section, no mobilehome
park owner, agent or representative shall do any of the following:
a.
Perform or carry out a mobilehome or permanent recreational vehicle
park conversion.
b.
Display a sign in the mobilehome or permanent recreational vehicle
park or distribute any notice to any residents announcing that the
mobilehome or permanent recreational vehicle park or any part thereof
is closing, may be closing or has been closed, or that the land will
no longer be used for a mobilehome or permanent recreational vehicle
park, except as otherwise required as part of the application contents
or informational meeting, or notices required by this section.
c.
Display a sign announcing a new use for the mobilehome or permanent
recreational vehicle park property.
7.
Nothing in this section shall be interpreted to preclude any notification
to residents as may be required by State law, nor shall this section
preclude notification to residents that information is being requested
in anticipation of the filing of a development application or request
for approval of a park closure or other conversion. Notification to
prospective residents regarding the existence or status of any application
or approval process affecting the mobilehome or permanent recreational
vehicle park shall not be considered a violation of this section.
T.
Certificate of Acceptance. Upon City approval of a conversion
application, conversion impact report, and relocation assistance plan,
the applicant shall record a certificate of acceptance on the title
of the mobilehome or permanent recreational vehicle park property.
City approval of a conversion application including conversion impact
report and relocation assistance plan shall not be effective until
proof of recordation of a certificate of acceptance has been delivered
to the Department. The Department shall provide the certificate of
acceptance form and covenant form for use by the applicant.
U.
Building Permits. No building permit shall be issued for conversion
of a mobilehome or permanent recreational vehicle park property until
the conversion applicant has filed with the Department a written statement
confirming full performance of the mitigation measures set forth in,
and the conditions imposed in connection with, the approved conversion
impact report and any other conditions imposed on the conversion of
use. Such statement shall specify in itemized form the name of each
permanent resident, and the date and type of relocation assistance
provided to such person. The statement shall be executed under penalty
of perjury.
V.
Modification of Conversion Impact Report.
1.
Public Hearing. The Community Development
Director may, upon request of a conversion applicant, and after holding
a public hearing, modify the provisions of an approved conversion
impact report. A modification may be approved where the Community
Development Director finds that there has been a change in circumstances,
or there is new information that could not have reasonably been known
or considered at the time of the original hearing on approval of the
conversion impact report.
2.
Additional Conditions. The Community
Development Director may impose additional conditions as deemed necessary
to mitigate any adverse impacts resulting from a modification of an
approved conversion impact report.
3.
Recordation of Certificate of Acceptance. Upon City approval of modification of an approved conversion impact report with additional conditions, the conversion proposer shall record a certificate of acceptance on the title of the mobilehome park property in accordance with Chapter 28.78. City approval of modification of an approved conversion impact report shall not be effective until proof of recordation of a certificate of acceptance has been delivered to the Department.
W.
Revocation of Conversion Permits. Once approved, the conversion
permit may be revoked by the Community Development Director, following
a duly noticed public hearing, if the applicant or his or her successors
in interest fails to comply with the conditions of approval or other
applicable laws. A decision to revoke shall be made following a public
hearing, using the same noticing requirements that were applicable
to the original conversion permit.
X.
Expiration of Conversion Permit Approvals. Except as otherwise
provided in the resolution of approval, a conversion permit shall
expire under any of the following circumstances:
1.
Failure to File Recorded Certificate of Acceptance. An approved conversion permit, with conversion impact report
and relocation assistance plan, shall expire 30 days after adoption
of the resolution of approval, unless proof of recordation of a certificate
of acceptance this section is delivered to the Director prior to such
date, or unless such 30 day recording period is extended by the Director
for good cause due to delays in recording beyond the reasonable control
of the applicant.
2.
Expiration of Map. For a conversion
involving a subdivision, a conversion approval shall expire when the
tentative subdivision map or tentative parcel map expires.
3.
Expiration for Other Land Use Entitlements. For a conversion not involving a subdivision, a conversion approval
shall expire after the same period of time as if it were a project
requiring a tentative subdivision map.
4.
Request for Extension. Not less than
90 days prior to the expiration of a conversion permit, an applicant
may apply for an extension of time of the approval. The Community
Development Director may, following a duly noticed public hearing,
grant an extension of time up to one year, based upon a showing that
good faith progress has been made toward fulfilling the conditions
of approval or some intervening event not the fault of the park owner
has prevented timely compliance with the conditions of approval and
conversion impact report including relocation assistance plan. The
conversion applicant or affected homeowners or residents may appeal
the Community Development Director's decision on a request for an
extension to the Planning Commission.
5.
If the Community Development Director approves an extension following
an appeal, he or she may impose conditions as deemed necessary to
mitigate any adverse impacts resulting from an extension of a conversion
use permit, including the conversion impact report and relocation
assistance plan. The Community Development Director may grant multiple
extensions but no single extension shall have a duration in excess
of one year.
6.
Recordation of Certificate of Acceptance. Upon the City's approval of an extension of an approved conversion
impact report and conversion permit, with additional conditions, the
applicant shall record a certificate of acceptance on the title of
the mobilehome park property. City approval of an extension shall
not be effective until proof of recordation of a certificate of acceptance
has been delivered to the Department. An approved extension of a conversion
permit, conversion impact report, and relocation assistance plan,
shall expire 30 days after adoption of the resolution approving the
extension, unless proof of recordation of a certificate of acceptance
is delivered to the Department prior to such date, or unless such
30-day recording period is extended by the Community Development Director
for good cause due to delays in recording beyond the reasonable control
of the applicant.
Y.
Processing Fees. The City Council may, by resolution, establish
fees and deposits for the administration of this chapter. Such fees
shall be paid by the applicant subject to the provisions of this chapter
in accordance with the limitation of Section 65863.7(g) of the Government
Code.
Z.
Applicant.
Comparable Alternative Housing.
Comparable Park.
Conversion Impact Report.
Conversion to Resident Ownership.
Department.
Disabled Household.
Homeowner.
Mobilehome.
Mobilehome Improvements.
Homeowner-Approved Receiving Site.
Mobilehome Park.
Mobilehome Park Renter or Renter.
Mobilehome Park Space.
Mobilehome Resident or Resident.
Non-Mobilehome Resident.
Park Owner.
Permanent Resident.
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
Recreational Vehicle.
Recreational Vehicle Park.
Recreational Vehicle Park (Permanent).
Recreational Vehicle Space.
Recreational Vehicle Resident.
Relocation Assistance Plan.
Relocation Specialist.
Resident-Approved Receiving Site.
Definitions. The following
words and phrases when used in this chapter shall have the meaning
indicated, unless the context or usage clearly requires a different
meaning.
The person(s), firm(s), entity(ies) or corporation(s) submitting
an application for the purpose of accomplishing a conversion of a
mobilehome park or permanent recreational vehicle park.
A house, apartment complex or condominium that is substantially
equivalent or better in terms of size (floor area and number of bedrooms),
age, condition, location, price or rent level and amenities to the
mobilehome or permanent recreational vehicle that would be displaced
by the conversion.
Any other mobilehome park or permanent recreational vehicle
park substantially equivalent or better in terms of park age, condition,
size (acreage and number of spaces), amenities, rental prices, rent
control or rent stabilization, and other relevant factors to the mobilehome
park or permanent recreational vehicle park that would be displaced
by the conversion.
A report required by Government Code Sections 65863.7 and 66427.4, as applicable, and containing the information and documentation set forth in Chapter 28.78. A conversion impact report does not include the impact report required by Government Code Section 66427.5(b) for conversion of a rental park to resident ownership.
The sale, transfer or assignment of a mobilehome park or
permanent recreational vehicle park either directly or indirectly
in whole or in part to the mobilehome or permanent recreational vehicle
park's homeowners and prospective homeowners for the benefit of the
mobilehome and permanent recreational vehicle's homeowners and prospective
homeowners. A conversion of a mobilehome park to resident ownership
may include but not be limited to, conversion of the community to
a subdivision, condominiums, planned development, community apartments,
stock cooperative, other form of corporate ownership, or by a nonprofit
organization qualified pursuant to Internal Revenue Code Section 501(c)(3)
for the homeowners' or prospective homeowners' benefit.
The Community Development Department of the City of Santa
Barbara.
A household in which a resident is a person with a medical
condition or physical or mental impairment that substantially limits
at least one of the person's major life activities, as defined in
the Federal Fair Housing Amendments Act of 1988 and the California
Fair Employment and Housing Act, as now in effect or subsequently
amended.
The record owner or any person having possession and control
of the mobilehome, including a permanent resident homeowner and a
non-resident homeowner.
As defined in Section 28.04.020 or 30.300.130 of this Code.
Any lawfully constructed improvements or renovations to the
mobilehome or recreational vehicle or improvements to the mobilehome
or recreational vehicle space made by the current resident, including,
but not limited to, carports, roofs, porches, patios, awnings, pop-out
rooms, recreational equipment, barbecue equipment, landscaping, and
similar amenities and repairs.
A site which has been agreed upon by both the applicant and
the homeowner as a mutually acceptable location to receive a relocated
mobilehome or permanent recreational vehicle.
As defined in Section 28.04.020 or 30.300.130 of this Code.
A resident who lawfully rents a mobilehome or permanent recreational
vehicle as his or her primary residence from the homeowner.
As defined in Section 28.04.020 or 30.300.130 of this Code.
A person who leases or rents a space in a mobilehome or permanent
recreational vehicle park, including a homeowner and renter.
A resident who meets the definition of Permanent Resident
and owns a residential unit which does not meet the definition of
Mobilehome.
The owner or operator of a mobilehome or recreational vehicle
park or an agent or representative authorized to act on said owner's
or operator's behalf in connection with the maintenance or operation
of the park.
Any person who resides in a mobilehome park for nine continuous
days or more in any 12-month period, and whose residential address
in the mobilehome park or permanent recreational vehicle park can
be verified as one that meets at least three of the following criteria:
Address where registered to vote.
Home address on file at place of employment or business.
Home address on file at dependents' primary or secondary school.
Not receiving a homeowner's exemption for another property or
mobilehome in this state nor having a principal residence in another
state.
California Department of Motor Vehicles identification address.
Mailing address.
Vehicle insurance address.
Home address on file with bank account.
Home address on file with the Internal Revenue Service.
Home address on file with local club/association membership.
Any other criteria determined to be acceptable by the Director.
As defined in Section 28.04.020 or 30.300.180 of this Code.
As defined in Section 28.04.020 of this Code.
As defined in Section 28.04.020 of this Code.
As defined in Section 28.04.020 or 30.300.180 of this Code.
A person who rents a space in a recreational vehicle park.
A document which describes the relocation assistance to be
provided for all permanent mobilehome park residents or permanent
recreational vehicle park residents and who will be displaced, whether
they rent or own their mobilehome or recreational vehicle in accordance
with the requirements of this chapter.
A person qualified to prepare a relocation assistance plan
and to provide the other services described in this chapter, and possessing
verified professional qualifications demonstrating: familiarity with
the region's housing market; competency in assisting residents to
evaluate, select and secure placement in replacement housing; ability
to facilitate the moving of residents' personal property, residential
unit, and/or accessories, as appropriate; knowledge of qualifications
for and availability of various housing types and programs; experience
in mobile home sales and relocation including assistance in adequacy
and location of replacement housing, relocation costs and mitigation
of the impact of relocation on affected mobilehome park owners and
residents; and ability to assist residents in applying for available
housing programs or assistance, including but not limited to, developers,
real estate agents, appraisers and other persons with experience in
mobile home sales and relocation.
A site which has been agreed upon by both the applicant and
the non-mobilehome resident as a mutually acceptable location to receive
a relocated residential unit which does not meet the definition of
mobilehome.
(Ord. 5894, 2019)
Other than an accessory use allowed pursuant to Section 30.185.030, Accessory Uses, Outdoor Sales and Display shall require design review approval by the appropriate Design Review body.
Outdoor Storage shall be located, developed, and operated in
compliance with the following standards:
A.
Screening. Outdoor storage shall be hidden from view with a solid fence or hedge at least six feet high. This requirement may be reduced or waived by the appropriate Design Review body if the outdoor storage is determined to be adequately screened pursuant to Section 30.15.120, Screening, or where the storage is adjacent to vacant land or where it is not visible from a street.
B.
Pollution Prevention and Vector Control. Materials with the
potential to pollute storm water, or attract rodents, vermin, or insects,
will be placed within an enclosure such as cabinet, shed or similar
structure. The enclosure or container shall prevent contact with runoff
or spillage to the storm water conveyance system, or will be protected
by secondary containment structures such as berms, dikes, or curbs.
The storage area will be paved and sufficiently impervious to contain
leaks and spills. The storage will have a roof or awning to minimize
collection of storm water within the secondary containment.
Overnight Recreational Vehicle or Camping Parks shall be located,
developed, and operated in compliance with the following standards:
A.
Occupancy.
1.
No overnight recreational vehicle or camping park shall be occupied
for more than 30 days within a 60-day period by any park guest.
2.
No recreational vehicle or camp space shall be occupied by anything
other than a recreational vehicle or tent, tarpaulin, or other temporary
camping structure, except that a mobilehome, apartment or other residential
unit may be located in the park for residential use by a park manager
or caretaker.
B.
Park Standards.
1.
Minimum Site Area. The minimum site
area for an overnight recreational vehicle or camping park is two
acres.
2.
Maximum Density. The maximum density
is 30 vehicle or camp spaces per acre.
3.
Setback, Front: 20 feet
4.
Setback, Interior: 10 feet
5.
Landscaping, Fencing, and Screening.
a.
Required Setbacks. Landscaping, acceptable to the
appropriate Design Review body, shall be installed and maintained
in all required setback areas. Along the front property line, an ornamental
wall or fence may be erected in conjunction with the required landscaping.
b.
Street Frontage. Street trees and parkway planting
shall be installed and maintained in the right-of-way along the full
width of the park property fronting on a street.
c.
Side and Rear Boundaries. Side and rear boundaries
of an overnight recreational vehicle or camping park shall be screened
with a six-foot high ornamental wall, fence or landscape planting.
The Planning Commission may reduce or waive this requirement upon
finding it is unreasonable or unnecessary to require a wall, fence
or landscape planting due to the nature of the existing topography
or other existing conditions that might render such wall, fence or
screen ineffective.
6.
Internal Roadways. Internal roadways
shall provide direct access to each recreational vehicle or camping
space and shall be provided in such a pattern as to provide convenient
and safe traffic circulation within the park. Such roadways shall
be built to the following standards:
7.
Recreational Facilities. Recreational
facilities for exclusive use by the occupants and their guests may
be provided.
8.
Laundry Facilities. Laundry facilities
consisting of one automatic washer and one dryer for every 10 recreational
vehicle or camp spaces shall be provided.
9.
Lighting. Internal roadways and walkways
shall be lit using low-intensity lighting directed away from surrounding
uses.
C.
Space Standards.
1.
Minimum Dimensions. Recreational vehicle
and camping spaces shall be a minimum of 16 feet wide and 50 feet
long.
2.
Space Setbacks. Each recreational vehicle
or camping space shall have a minimum setback of three feet on all
sides.
3.
Space Coverage. The area of a recreational
vehicle or camping space occupied by a recreational vehicle, automobile,
storage locker, tent, tarpaulin, or other temporary camping structure,
or any accessory structure or awnings or combination thereof shall
not exceed 75% of the total area of that space.
4.
Persons Per Space. Not more than eight
persons may occupy a single recreational vehicle or camping space.
5.
Vehicles Per Space. Not more than one
recreational vehicle and not more than a total of two vehicles shall
be allowed on a single recreational vehicle or camping space.
6.
Landscaping. Any portion of a recreational
vehicle space not occupied by an automobile or recreational vehicle
parking space or other structure shall be planted with material approved
by the appropriate Design Review body. A minimum of one shade tree
of a minimum 15-gallon size shall be planted on each space.
A.
Purpose. The purpose of this section is to establish a procedure
for coordinated residential single-unit development that responds
to site conditions in order to:
1.
Provide flexibility in the development of residential properties
with single-unit housing types and provide desirable spatial relationships
between buildings and structures on-site.
2.
Encourage preservation and enhancement of natural beauty and the
provision of landscaped open spaces for visual and recreational enjoyment.
3.
Allow for creative development projects that incorporate design features
that provide greater amenities and open space than would likely result
from conventionally planned development and subdivisions under strict
adherence to requirements of the applicable zone.
4.
Ensure substantial compliance with and implement the land use and
density policies of the General Plan and any applicable Specific Plan.
B.
Land Use Regulations. In addition to the uses allowed in the
applicable zone, the following uses are permitted.
C.
Development Regulations.
1.
Residential Unit Density. Maximum allowable
density shall be equal to the total net acreage within the planned
residential development area divided by the Minimum Net Lot Area for
Newly Created Lots required in the applicable zone district.
a.
Total Net Acreage. Total net acreage shall mean
the total site area exclusive of existing and proposed street rights-of-way,
existing public or semi-public open spaces, nonprofit organizations
and land unacceptable for development or open space purposes.
b.
Semi-Public Open Spaces. Semi-public open spaces
shall be considered to include areas such as golf courses, cemeteries,
private parks and recreation areas and similar open uses which are
not publicly owned but which provide similar amenities.
2.
Lot Size and Street Frontage. The Planning
Commission may permit lot sizes below the minimum standards required
by the applicable zone district to the amounts prescribed in Table
30.185.330.C.2, Reduced Minimum Lot Area and Frontage, when the Planning
Commission finds that there is a reasonable relationship between the
reduced lot size and the proposed open areas within the development
and that such lot sizes are compatible with the comprehensive plan
for the residential development and the purpose of this section.
|
TABLE 30.185.330.C.2: REDUCED MINIMUM LOT AREA AND FRONTAGE
| ||
|---|---|---|
|
Applicable Zone
|
Minimum Lot Area
|
Minimum Street Frontage
(see also a and b below)
|
|
RS-6
|
5,000 sq. ft.
|
60 ft.
|
|
RS-7.5
|
6,000 sq. ft.
|
65 ft.
|
|
RS-10
|
8,000 sq. ft.
|
75 ft.
|
|
RS-15
|
10,000 sq. ft.
|
80 ft.
|
|
RS-25
|
15,000 sq. ft.
|
90 ft.
|
|
RS-1A
|
25,000 sq. ft.
|
100 ft.
|
a.
Minimum Street Frontage Adjacent to Existing Development. To preserve and protect the value of properties adjacent to the
proposed development and to provide for an orderly and uniform transition,
lots which will adjoin existing developments shall be required to
provide an amount of street frontage not less than that of existing
lots but not greater than minimum requirements of the applicable zone.
b.
Reduced Minimum Street Frontage. Where justified
by improved subdivision design, building placement or natural terrain
features, the Planning Commission may reduce the required street frontage
to 25 feet.
3.
Setbacks.
a.
Development Boundary. No main or accessory structure
shall be located closer to the exterior boundary of a planned residential
development than 30 feet.
b.
Individual Lots. Required setbacks for individual
lots shall be the required setback of the applicable zone district
in which the lots are located.
4.
Street Requirements. In order to provide
greater flexibility of development and to preserve natural terrain
features and open areas, the City Council may, upon the favorable
recommendation of the Planning Commission and Public Works Director,
reduce or waive City street design standards as may be deemed necessary
to assure that the spirit and intent of this section are observed
and the public welfare and safety secured.
5.
Open Space.
a.
Control of the design of open spaces is vested in the Planning Commission
subject to review as to reasonableness by the City Council; design
shall mean size, shape, location and usability for proposed public
or semi-public purposes and development.
b.
Approval of such open spaces shall be restricted from further development.
c.
No planned residential development shall be approved prior to the
submission of a legal document or documents setting forth a plan or
manner of care and maintenance of such open spaces, recreational areas
and communally owned facilities. No such document shall be acceptable
until approved by the City Attorney as to legal form and effect and
the Planning Commission as to suitability for the proposed use of
the open areas.
D.
Permits Required.
1.
Conditional Use Permit. An application for a Conditional Use Permit shall be accepted and processed, pursuant to Chapter 30.205, Common Procedures, and Chapter 30.215, Conditional Use Permits, for all Planned Residence Developments. A separate Conditional Use Permit is not required to establish a Park and Recreation facility associated with the development.
2.
Tentative Subdivision Map. Concurrent
with the application for a Conditional Use Permit, the applicant shall
submit a tentative subdivision map.
Public Works and Utilities shall be located, developed, and
operated in compliance with the following standards:
A.
Small Additions to Existing Facilities. Improvements and additions
of 500 square feet or less to existing Public Works Facilities including,
but not limited to, sewer lift stations, pump stations, water wells,
pressure reducing stations, generator enclosures, minor improvements
to existing water storage reservoirs and other miscellaneous structures
incidental to or improving the existing use are allowed in all zones
except P-R zones. Standard construction conditions may be imposed
on the building permit as deemed appropriate by the Community Development
Director.
B.
Limited Treatment and Distribution Facilities. Public works
treatment and distribution facilities that are greater than 500 square
feet and no more than 1,000 square feet in R-M, R-MH, and P-R zones
and less restrictive zones may be permitted pursuant to approval of
a Performance Standard Permit and the following requirements.
1.
Construction (including preparation for construction work) is prohibited
Monday through Friday before 8:00 a.m. and after 5:00 p.m., and all
day on Saturdays, Sundays, and holidays observed by the City of Santa
Barbara unless approved by the Chief Building Official and the applicant
provides written notice to all property owners and residents within
300 feet of the project and the City Planning and Building Divisions
at least 48 hours prior to commencement of any noise-generating construction
activity.
3.
The project shall incorporate standard dust control measures to minimize
air quality nuisances to surrounding properties.
4.
Required Findings. Prior to approval, the Review Authority shall make the following finding in addition to the findings required pursuant to Chapter 30.255, Performance Standard Permits, and any other findings required by this Title:
a.
The operation of the proposed facility is such that the character
of the area is not significantly altered or disturbed.
5.
Parks and Recreation Commission Review. Public works treatment and distribution facilities that are greater
than 500 square feet and no more than 1,000 square feet in the P-R
Zone are also subject to Parks and Recreation Commission review.
C.
Rehabilitation of City Reservoirs and Basins. Rehabilitation
of existing water storage reservoirs or sludge basins that are owned
and operated by the City may be permitted in any zone pursuant to
approval of a Performance Standard Permit and the following requirements.
1.
Construction (including preparation for construction work) is prohibited
Monday through Friday before 8:00 a.m. and after 5:00 p.m., and all
day on Saturdays, Sundays and holidays observed by the City of Santa
Barbara unless approved by the Chief Building Official and the applicant
provides written notice to all property owners and residents within
300 feet of the project and the City Planning and Building Divisions
at least 48 hours prior to commencement of any noise-generating construction
activity.
2.
The design and operation of non-emergency outdoor security lighting and equipment shall conform to the Outdoor Lighting Ordinance, Santa Barbara Municipal Code Chapter 22.75, and Section 30.180, Performance Standards.
3.
The project shall incorporate standard dust control measures to minimize
air quality nuisances to surrounding properties.
D.
Other Public Works and Utilities Projects. Other facilities
and equipment, except offices, used by public utilities or semi-public
utilities to provide services to the general public are allowed in
any zone subject to approval of a Conditional Use Permit.
A.
Purpose. The uses permitted under this section may be unique
in terms of the facilities provided, activities conducted, method
and intensity of operation, relationship to topography and impact
on surrounding urban development and potential. Therefore, it is impractical
to establish in advance of development the minimum requirements for
parking, site area, setbacks, hours or manner of operation, lighting,
landscaping, or other standards usually applied to classes or types
of use, and that distinct and different performance and development
standards must be applied to each individual facility proposed to
be established under these provisions.
B.
Required Findings. A Conditional Use Permit for Large-Scale Commercial Entertainment and Recreation or a Park and Recreation Facility shall only be approved if the Planning Commission makes the following findings in addition to the findings required pursuant to Chapter 30.215, Conditional Use Permits, and any other findings required by this Title:
A.
Residential Uses in the CO-HV Zone. Any use permitted in the
R-M Zone is allowed in the areas listed below. Residential use is
prohibited in all other areas of the CO-HV Zone.
B.
Residential Uses in the CO-CAR Zone.
1.
Generally. Any use permitted in the
R-M zone is allowed in the area bounded by Helena Avenue on the west,
the existing railroad right-of-way on the south, Garden Street on
the east and Highway 101 on the north, so long as the R-M use is constructed
as a project providing a mix of allowed nonresidential and residential
use where the residential use will not exceed 70% of the total floor
area of the development project.
a.
Any parcel of 5,500 square feet or less in size which exist as of
the date of the adoption of Ordinance 5343 (February 8, 2005) and
which is not contiguous to another adjacent parcel(s) which is held
in common ownership with the first parcel shall be exempt from the
above-described mixed-use requirements.
2.
Affordable Housing Projects. Development
projects comprised exclusively of units affordable to very low, low,
or moderate income households (as evidenced by the recordation of
long-term affordability covenants consistent with the City's Affordable
Housing Policies and Procedures) shall be exempt from the mixed-use
requirements for this zone.
3.
Existing Residential Structures. Residential
structures which exist at the time of the adoption of Ordinance 5343
(February 8, 2005, and as established by the existence of a valid
certificate of occupancy issued by the City), shall not be deemed
nonconforming to the requirements of the CO-CAR Zone and such structures
may be rehabilitated or remodeled (but not demolished) and expanded
so long as any such permitted expansion (or expansions in total):
(1) does not exceed 20% of the floor area of the existing residential
unit with the floor area and percentage calculated as of the date
of the adoption of Ordinance 5343 (February 8, 2005), and (2) complies
with the development standards of the R-M Zone.
A.
Purpose. The purpose of this section is to:
1.
Enable and ease establishment of limited neighborhood-serving commercial
and mixed-use in residential and other zones under certain specified
standards, conditions, and criteria;
2.
Promote sustainable neighborhoods with local serving uses for the
daily needs of its residents within walking, biking or bus distance;
3.
Provide convenient access to affordable and healthy food;
4.
Encourage walking trips to the market from surrounding neighborhood
areas; and
5.
Ensure that the character of the surrounding neighborhood is protected.
B.
Development Standards. Neighborhood Markets, developed as
either a stand-alone use or with other allowed land uses on a lot,
shall be located, developed, and operated in compliance with the following
standards:
1.
Size. Neighborhood Markets are limited
to 1,500 square feet per lot.
2.
Distance. Neighborhood Markets shall
be located on a lot that is a minimum of 500 feet from a lot that
contains another Neighborhood Market.
3.
Hours of Operation. Hours of operation,
including loading and unloading of merchandise, shall be as determined
by the Review Authority.
4.
Food Preparation and Consumption. Food
and beverages may be prepared and consumed on the premises as an ancillary
use provided at least 65% of the interior floor area is devoted to
retail sales.
5.
Outdoor Seating. Outdoor seating for
customers is allowed in the front setback, but not interior setbacks.
Seating shall not obstruct the right-of-way, sight distances, or otherwise
create hazards for vehicle or pedestrian traffic.
6.
Produce Display. The outdoor display
of produce associated with the Neighborhood Market is allowed, subject
to the following standards.
7.
Lighting. Lighting shall comply with the Outdoor Lighting Ordinance, Santa Barbara Municipal Code Chapter 22.75.
8.
Parking. Automobile parking spaces are not required. Bicycle parking shall be provided pursuant to Chapter 30.175, Parking Regulations.
9.
Setbacks. New structures, and additions
to existing structures, are subject to the nonresidential setbacks
of the applicable zone.
10.
Maintenance. Any outdoor dining area
and the adjoining street, curb, gutter and sidewalk shall be maintained
in a neat, clean and orderly condition at all times, regardless of
the source of the refuse and litter.
C.
Existing Neighborhood Markets. Neighborhood Markets on a lot
existing as of the effective date of this Title, may be improved or
altered in conformance with this section, upon approval of a Performance
Standard Permit.
1.
The nonresidential floor area, excluding covered parking, of an existing
Neighborhood Market that is nonconforming to the size limitations
of paragraph B.1, Size, of this section may be increased by a cumulative
maximum of 250 square feet through one or multiple additions.
A.
Applicability. The provisions of this section apply to all
proposed Food Preparation, and Food and Beverage Manufacturing uses
that involve the preparation or processing of seafood as either in
part or in whole of the business operation.
B.
Odor Control Plan. The applicant shall submit an Odor Control
Plan for approval by the Community Development Director in order to
demonstrate that any odors produced by the operation of seafood processing
shall not cause or allow the emission of offensive, noxious, or foul
odors in concentrations which are offensive to a reasonable person,
which produce a public nuisance, or hazard on adjoining properties,
or which could be detrimental to human plant or animal life. The Odor
Control Plan may consist of any of the following or other items that
will demonstrate compliance:
1.
Air-tight garbage cans.
2.
Technological solutions such as filters for treatment of emissions.
3.
Biochemical solutions.
4.
Washing of containers, vehicles, and other items must take place
inside the building or at an offsite facility.
5.
Seafood processing waste or water/melted ice that was used for seafood
cannot be outside the building, unless the area is treated to remove
the odor.
6.
Annual reports prepared by a Project Environmental Coordinator to
demonstrate compliance.
C.
Recorded Agreement. A Recorded Agreement, pursuant to Chapter 30.260, Recorded Agreements, shall be executed and recorded by the owner of the lot and tenant engaged in operations that involve seafood preparation or processing stating that all conditions will be met and any failure to comply shall result in the revocation of the certificate of occupancy for the development.
Shooting ranges, gun ranges, and any similar activities involving
the discharge of firearms, with the exception of any indoor shooting
range operated by and for a law enforcement agency, shall be prohibited.
In the case where the Building Official makes a finding, based on substantial evidence, that a solar energy system could have a specific, adverse impact upon the public health and safety (as defined in Chapter 22.91 of the Santa Barbara Municipal Code), the solar energy system shall not be issued a building permit until a Performance Standard Permit pursuant to Chapter 30.255, Performance Standard Permit, has been issued for the solar energy system.
A.
Conditions of Approval. The Performance Standard Permit shall
require the installation or incorporation of measures or conditions
necessary to minimize or avoid the specific, adverse impact.
B.
Grounds for Denial. The City shall not deny an application
for a Performance Standard Permit to install a solar energy system
unless it makes written findings based upon substantial evidence in
the record that the proposed installation would have a specific, adverse
impact upon the public health or safety, and there is no feasible
method to satisfactorily minimize or avoid the specific, adverse impact.
If the applicant proposes any potentially feasible alternatives for
preventing the specific adverse impact, the findings accompanying
the denial of the Performance Standard Permit shall include the basis
for the rejection for potential feasible alternatives of preventing
the specific, adverse impact.
C.
Appeal. The decision of the Staff Hearing Officer to deny
an application for a Performance Standard Permit is appealable according
to the following procedures:
1.
Who May Appeal. The decision of the
Staff Hearing Officer may be appealed to the Planning Commission by
the applicant. No other persons can appeal.
2.
Timing for Appeal. The applicant may
appeal a decision of the Staff Hearing Officer by filing an appeal
with the Community Development Director no more than 10 calendar days
following the decision. The application shall include the grounds
for appeal.
3.
Grounds for Appeal. The decision of
the Staff Hearing Officer may be appealed on the grounds that the
stated findings to deny the permit are not supported by substantial
evidence.
4.
Scheduling an Appeal Hearing. The Community
Development Department shall assign a date for an appeal hearing before
the Planning Commission no earlier than 10 calendar days after the
date on which the appeal is filed with the Community Development Director.
The appeal hearing shall generally be held within 60 calendar days
following the filing of the application for the hearing.
5.
Power to Act on the Decision at Appeal Hearing. The Planning Commission may affirm, reverse, or modify
the Staff Hearing Officer's decision to deny a solar energy system
in accordance with the following:
a.
A decision to affirm the decision of the Staff Hearing Officer shall
require a finding based on substantial evidence in the record that
the proposed solar energy system would have a specific, adverse impact
upon the public health and safety.
b.
If the Planning Commission determines that there is not substantial
evidence that the solar energy system would have a specific adverse
impact upon the public health and safety, then the decision of the
Staff Hearing Officer shall be reversed and the project shall be approved.
c.
If the Planning Commission determines that conditions of approval
would mitigate the specific adverse impact upon the public health
and safety, then the decision of the Staff Hearing Officer shall be
reversed and the project shall be conditionally approved. Any conditions
imposed shall mitigate at the lowest cost possible, which generally
means the permit condition shall not cause the project to exceed 10%
of the cost of the small rooftop solar energy system or decrease the
efficiency of the small rooftop solar energy system by an amount exceeding
10%.
6.
Decision is Final. The decision of
the City Planning Commission is final.
A.
Purpose. These regulations are intended to protect the health,
safety, and welfare of persons living and working in the City, preserve
the aesthetic values of the City, and allow for the orderly, managed,
and efficient deployment of telecommunications facilities in accordance
with state and federal laws, rules, and regulations.
B.
Applicability.
1.
This section applies to the design, siting, construction, or modification
of all new telecommunication facilities and any expansion or modification
to existing facilities and antennas.
2.
The following are exempt from the requirement for a telecommunications
permit under this section:
a.
Amateur or citizen's band antennas meeting the height requirement in Section 30.185.410(C)(1);
b.
Telecommunications facilities owned and operated by the City or a joint powers agency that includes the City as a member, and meeting the height requirements in Section 30.185.410(C)(1);
c.
Over the air reception devices ("OTARD") antennas;
d.
Small wireless facilities located in the public right-of-way in compliance with Chapter 9.170 of this Code;
e.
Any entity legally entitled to an exemption pursuant to state or
federal law or governing franchise agreement.
3.
This section does not exempt a project from other approvals or permits
that may be required by other provisions of this Code, or state or
federal agencies.
C.
Design and Development Standards.
1.
Maximum Height. Telecommunications
facilities and all related equipment shall not exceed the maximum
height limits in the zone, measured at the highest point above grade,
except the maximum height for antennas, antenna towers, antenna supports,
masts, or related facilities shall be the following:
a.
Amateur or Citizens' Band or Emergency Service Antennas. The height of amateur or citizen's band or emergency service antennas
shall not exceed the following:
i.
Residential, and P-R Zones: 65 feet.
ii.
O-R, O-M and C-R Zones: 85 feet.
iii.
C-G, M-C, M-I, and Coastal-Oriented Zones: 100 feet.
iv.
Height Exception for Emergency Service Antennas: A greater height
for emergency service antennas may be approved by the Community Development
Director, upon a determination that greater height is reasonably necessary
for effective emergency service communications and will not cause
a significant impact on public views.
c.
Structure-Mounted Antenna in Any Zone. Antennas
and related screening may exceed the basic height limitations above
provided that it is placed on an existing building and the top of
the antenna is no more than 15 feet above the highest point of the
building roof or roof parapet.
2.
Setbacks. Telecommunication facilities
and all equipment and screening must conform to the setback standards
of the applicable zone.
D.
Telecommunications Permit.
2.
Administrative Telecommunications Facility Permit. An administrative telecommunications facility permit, subject
to the Director's approval, may be issued for new non-exempt telecommunications
facilities, or collocations, or modifications to existing facilities
that meet one of the following criteria:
a.
The facility qualifies as an "Eligible Facilities Request", as defined in Section 30.300.010 of this title, provided there is no substantial change in the visual appearance or any increase in radio frequency emission levels; or
b.
A small cell wireless facility, as defined in Section 30.300.010, provided the project has been reviewed by the appropriate Design Review body and found to have no significant visual impacts; or
c.
Any other facility provided that:
i.
The project has been reviewed by the appropriate Design Review body
and found to have no significant visual impacts; and
ii.
The Director determines that the facility will be located in a manner
that will not cause a significant impact on biological or archeological
resources.
|
The Design Review body may take action regarding the location
of the antennas on the site, color, and size of the proposed antennas
so as to minimize any adverse visual impacts. If the Director determines
that any application submitted for an administrative wireless telecommunications
facility permit does not meet the criteria, the Director shall refer
it to the Planning Commission for a conditional use permit. Additional
submittal materials may be required.
|
3.
Telecommunications Facility Conditional Use Permit. A non-exempt telecommunications facilities that is not eligible for an administrative permit under subsection (D)(2) above is required to obtain a conditional use permit approved by the Planning Commission in the manner and as required by Chapter 30.215, Conditional Use Permits. The following findings are required for issuance of a conditional use permit for a telecommunication facility:
a.
Shared Use of Support Structure. The applicant had
made a good faith effort to demonstrate that no existing or planned
support structure, including an antenna tower, is available to accommodate
the proposed antenna.
b.
Site Size. The site is of a size and shape sufficient
to provide an adequate setback from the base of the antenna support
structure to any property line abutting a residential use.
c.
Visual Impact. The project has been reviewed by
the appropriate Design Review body. The appropriate Design Review
body may take action on the location of the antenna(s) on the site,
color and size so as to minimize any adverse visual impacts by requiring
that the antenna and its supporting structure be designed and placed
so as to be as visually unobtrusive as feasible, taking into consideration
technical engineering and other pertinent factors.
(Ord. 6074, 2022)
A.
Purpose. The City recognizes that certain temporary uses can
be a benefit to the community and should be allowed; provided that
short-term negative effects, such as noise, lighting, parking, and
traffic, are minimized. This section establishes standards for certain
uses that are intended to be of limited duration of time and that
will not permanently alter the character or physical facilities of
the site where they occur.
B.
Limitations. Any use allowances described in this section
do not override any use limitations placed on a lot pursuant to existing
discretionary approvals. Temporary uses shall comply with all other
applicable provisions of the Santa Barbara Municipal Code, including,
but not limited to, the Sign Ordinance, the Outdoor
Lighting Ordinance, applicable Building and Fire Codes, and
any applicable design review of buildings or structures.
C.
Determination of Approval Required. The Community Development
Director shall determine if a particular use, structure, or event
represents a variation from the normal operations of a legally recognized
use on a lot and shall be subject to the requirements of this section.
D.
Exempt Temporary Uses. The following temporary uses are exempt
from a permit or other approval under this chapter.
1.
Temporary Events Subject to Other City Temporary Use
Permits. Temporary uses that receive a Coastal Development
Permit, Coastal Exemption, or uses that are permitted with a temporary
use permit by other City Departments, such as a Parks and Recreation
Permit, Parade Permit, or Circus and Carnival Permit, or similar permit
or approvals, are exempt from a permit or approval under this section.
2.
Garage Sales. Residential garage, yard,
or estate sales of personal property conducted by, or on behalf of,
a resident of the premises may be conducted consistent with the following
standards:
3.
Non-Profit Fund Raising. Fund raising sales by a nonprofit organization may be conducted
consistent with the following standards:
a.
Location. Located in a nonresidential zone on a
lot developed with nonresidential uses.
b.
Number of Events. A maximum of four times per 12-month
period, per site.
c.
Duration. A maximum of three consecutive days per
event.
d.
Parking. Parking spaces or loading areas required
for other uses shall not be displaced.
e.
Obstructions. The fundraising sale shall not obstruct
the right-of-way, sight distances, building or site ingress or egress,
or otherwise create hazards for vehicle or pedestrian traffic.
4.
Construction Building or Office. A
recreational vehicle or mobilehome may be used as a construction building
or office at the site of a construction project for the duration of
such project.
5.
Catering. Mobile Food Vendors may operate
as caterers to private events when food or beverages are not sold,
or offered for sale, to the general public.
E.
Temporary Uses Requiring a Zoning Clearance. The following types of temporary uses may be conducted with a Zoning Clearance pursuant to Chapter 30.280, Zoning Clearance. A Zoning Clearance is required for each separate temporary use occurrence and expires at the conclusion of the individual use, activity, or event. Temporary uses in the Coastal (CZ) Overlay Zone shall also require either a Coastal Exemption or Coastal Development Permit pursuant to Chapter 30.50, Coastal (CZ) Overlay Zone.
1.
Temporary Use. Temporary use approval
including buildings, lighting, or other structures consistent with
the following standards:
a.
Use Limitation. Limited to nonresidential uses.
b.
Location. Located in a nonresidential zone.
c.
Duration. A maximum of one approval per site, for
a period of no more than 12 consecutive months per site. Not to be
used for multiple special events per year.
d.
Size. Limited to a cumulative maximum floor area
of 1,500 net square feet per site.
e.
Parking. Parking shall be provided pursuant to Chapter 30.175, Parking Regulations. Parking spaces or loading areas required for other uses shall not be displaced.
f.
Development Standards. Temporary structures must
comply with all applicable development standards of the Santa Barbara
Municipal Code, including, but not limited to, minimum setbacks, maximum
height, design review, and performance standards.
g.
Site Condition. Temporary structures shall be removed
within seven days following the conclusion of the Zoning Clearance
approval, and the appearance of the site shall be returned to its
original state.
2.
Commercial Use of Recreational Vehicles, Mobilehomes, and Modular Units. Use
of recreational vehicles, mobilehomes, or modular units consistent
with the following standards.
a.
Sales and Leasing Office. A mobilehome or modular
unit may be used as an office for the initial sale, rental or leasing
of lots and residential units in a project located on the same lot,
parcel of land or project site where the units are located provided
all of the following conditions exist:
i.
All required building permits are obtained.
ii.
All necessary street improvements and off-street parking spaces are
provided to the satisfaction of the Public Works Director and Community
Development Director.
iii.
No required parking spaces are eliminated by the placement of
the modular units.
iv.
The sales office is closed after a period of two years, unless the
time period is extended by the Community Development Director.
b.
Business Operations. One or more modular units may
be used during the term of a construction project by employees of
an existing business which has been displaced due to the project,
provided all of the following conditions exist:
3.
Seasonal Sales. The annual sales of
holiday-related items such as Christmas trees, Festivus poles, pumpkins
and similar items consistent with the following standards:
a.
Location. Located in a nonresidential zone on a
lot developed with nonresidential uses.
b.
Duration. A maximum of six weeks per holiday.
c.
Number of Events. A maximum of six times per 12-month
period, per site.
d.
Parking. Parking spaces or loading areas required
for other uses on the lot shall not be displaced.
e.
Site Condition. All items for sale, as well as signs
and temporary structures, shall be removed within seven days following
the respective holiday, and the appearance of the site shall be returned
to its original state.
4.
Special Events and Sales. Other short-term
special events, outdoor sales, temporary structures, and displays
consistent with the following standards:
a.
Use Limitation. Limited to nonresidential uses associated
with an existing use on the same site.
b.
Location. Located in a nonresidential zone.
c.
Number of Events. A maximum of six times per 12-month
period, per site.
d.
Duration. A maximum of three consecutive days per
event.
e.
Time Limit. Hours of operation occur between 8:00
a.m. and 9:00 p.m.
f.
Surfacing. If outdoors, located on a paved or concrete
area on the same site as the structure(s) containing the use with
which the event is associated.
g.
Parking. Parking spaces or loading areas required
for other uses shall not be displaced, except as provided below.
h.
Spaces Not Being Used. Required parking spaces for
existing nonresidential uses may be displaced if the existing nonresidential
use is not open during the event.
i.
Offsite Parking. Equivalent replacement parking
spaces are provided offsite in an existing paved, permitted parking
lot approved by Transportation Manager.
j.
Obstructions. The event shall not obstruct the right-of-way,
sight distances, building or site ingress or egress, or otherwise
create hazards for vehicle or pedestrian traffic.
k.
Accessibility/Americans with Disabilities Act. The
event must comply with all applicable accessibility requirements and
the Americans with Disabilities Act.
l.
Site Condition. The appearance of the site shall
be returned to its original state, including the removal of all signs
and temporary structures, within seven days following the event.
5.
Mobile Food Vendors. Mobile Food Vendors
on private property located and operated in compliance with the following
standards:
a.
Location. Mobile Food Vendors may only operate in
nonresidential zones, on lots developed with nonresidential uses.
b.
Number. Maximum one truck per day per parking lot.
c.
Duration. Maximum four hours per day per parking
lot. No lot may have a mobile food vendor onsite for more than 90
days total in any 12-month period.
d.
Distance. No mobile food vendor on private property
shall operate closer than a 500-foot radius from another mobile food
vendor operating on private property.
e.
Required Parking. No parking spaces are required
for a Mobile Food Vendor that meets all of the standards under this
section.
f.
Displaced Parking. Mobile Food Vendors may displace
up to three required nonresidential parking spaces for a maximum of
four hours per day per parking lot, provided that no more than 10%
of the total number of parking spaces on-site are displaced. Required
parking spaces for an existing nonresidential use may be displaced
if the existing nonresidential use is not open during the event.
g.
Location. Mobile food vehicles used by vendors shall
not be permitted as a permanent or proprietary location on any property
within the City. Vehicles shall not be left unattended at any time,
or be left on-site when inactive, or stored overnight.
h.
Obstructions. Location and operation including customers,
seating, and equipment, shall not obstruct the right-of-way, sight
distances, or otherwise create hazards for vehicle or pedestrian traffic.
The location shall comply with applicable accessibility requirements
and the Americans with Disabilities Act.
i.
Allowed Products. Operations are limited to the
sales of food and beverages for immediate consumption.
j.
Allowed Vehicles. Operations shall only be conducted
from a motor vehicle, or vehicle with a trailer consistent with State
law and County Health Department approvals. Other types of food vending
from a temporary structure such as a push cart, standalone trailer,
or kiosk are not allowed under this Title.
k.
Nuisance. Mobile Food Vendors shall be responsible
for keeping the area clean of any litter or debris and shall provide
trash receptacles for customer use on-site. No vendor shall ring bells,
play chimes, play an amplified musical system, or make any other notice
to attract attention to its business while operating within city limits.
The use of prohibited or unpermitted signs for mobile food vendors
is not allowed.
F.
Temporary Uses Requiring a Performance Standard Permit. Temporary uses that do not meet certain standards to be considered exempt or allowed pursuant to Zoning Clearance may be permitted with a Performance Standard Permit pursuant to Chapter 30.255, Performance Standard Permit, as follows:
1.
Additional Allowances. The Staff Hearing
Officer may approve additional allowances for the following standards.
a.
Use Limitation.
b.
Location.
c.
Size.
d.
Number of Events. Up to 12 times per 12-month period,
per site. A Performance Standard Permit approval may authorize multiple
occurrences of a temporary use provided all occurrences are conducted
within a 12-month period. Conditional Use Permit approval is required
for temporary uses that occur over multiple years.
e.
Duration. Up to 11 consecutive days per event. Up
to 24 consecutive months for a temporary structure.
f.
Time Limit.
g.
Surfacing.
h.
Parking Displacement. A parking analysis may be
used to establish the number of parking spaces required for all uses
for the duration of the event.
i.
Obstructions.
j.
Mobile Food Vendors.
2.
Required Findings. The Staff Hearing
Officer may approve or conditionally approve an application for a
Performance Standard Permit only upon making the following findings,
in addition to any other findings required pursuant to this Title:
a.
The proposed use will not unreasonably affect adjacent properties,
their owners or occupants, or the surrounding neighborhood, and will
not in any other way constitute a nuisance or be detrimental to the
health, safety, peace, comfort, or general welfare of persons residing
or working in the area of such use or to the general welfare of the
City; and
b.
The proposed use will not unreasonably interfere with pedestrian,
bicycle or vehicular traffic or circulation in the area surrounding
the proposed use, and will create a demand for additional parking
that cannot be safely and efficiently accommodated by existing parking
areas.
3.
Conditions of Approval. The Staff Hearing
Officer may impose reasonable conditions deemed necessary to ensure
compliance with the findings listed in paragraph F.2, Required Findings,
above, including, but not limited to: regulation of ingress and egress
and traffic circulation; fire protection and access for fire vehicles;
regulation of lighting, noise and odors; regulation of hours or other
characteristics of operation; and removal of all trash, debris, signs,
sign supports and temporary structures and electrical service and
returning the site to its original condition. The Staff Hearing Officer
may require reasonable guarantees and evidence that such conditions
are being, or will be, complied with.
G.
Temporary Uses Requiring a Conditional Use Permit.
1.
A Conditional Use Permit is required for any temporary use that has
the potential to affect the community at large or the neighborhood
beyond a 300-foot radius from the project site.
2.
A Conditional Use Permit is required for any temporary use that will
occur on the same site more than 12 times per year or that will occur
over multiple years.
H.
Interim Governmental Displacement Use. Any interim use deemed appropriate by the Planning Commission in those areas identified by resolution of the City Council as impacted by governmental action may be allowed through Conditional Use Permit approval pursuant to Chapter 30.215, Conditional Use Permits. Interim uses and any authorization granted by the Conditional Use Permit shall be limited in duration as specified by the Planning Commission.
Transitional and supportive housing constitute a residential
use and are subject only to those restrictions that apply to other
residential uses of the same type in the same zone.
On condition that Government Code Sections 65852.21 and 66411.7
are not repealed, qualifying two-unit residential development in the
RS zones shall be located, developed and used in compliance with the
following:
A.
Qualifying Two-Unit Residential Developments. Qualifying two-unit
residential developments are as defined in Government Code Section
65852.21 and as follows:
1.
Affordability Requirement. At least
one of the units in each two-unit residential development, or at least
one unit on any lot created pursuant to an Urban Lot Split, must be
constructed and offered for sale or for rent as a moderate, low, or
very low-income unit, restricted for occupancy by a moderate, low
or very low-income household, as defined in and pursuant to the procedures
in the City's Affordable Housing Policies and Procedures.
B.
Prohibited Development. Two-unit residential development as
described in this section shall be prohibited in the following locations
and circumstances, pursuant to State law and as further specified
below:
1.
Historic Resources. Two-unit residential development shall not be permitted on a lot located within property included on the State Historic Resources Inventory, or on a lot within a City Landmark District or Historic District Overlay Zone as designated in Chapter 30.57 of this Code, or on a lot with a designated City Landmark or Structure of Merit.
2.
Rental Units. Two-unit residential
development shall not include the demolition, substantial redevelopment,
or alteration of any of the following types of housing:
3.
Substantial Redevelopment. Two-unit
residential development shall not include the substantial redevelopment
of existing buildings, unless the replacement building conforms to
current development standards in the zoning district, or the replacement
of a nonconforming structure is reconstructed in the same location
and with the same dimensions and floor area as the existing building.
4.
High Fire Hazard Area. Two-unit residential
development shall not be permitted within the High Fire Hazard Zones,
unless the existing and proposed buildings are designed to meet the
high fire construction standards adopted through Title 8 and Title
22 of the Municipal Code, and the proposed development is not located
in the Foothill or Extreme Foothill High Fire Hazard Zones identified
in Figure 14 of the City's Community Wildfire Protection Plan dated
February 2021. No variance or modification to any Fire Code requirements
or high fire construction standards shall be permitted.
C.
Unit Configuration. The new units in a two-unit residential
development may be permitted in the following configurations, provided
that no more than two attached residential units are in any one building
on a lot. For the purpose of this section, "unit" means any dwelling
unit, including, but not limited to, two-unit residential development,
additional residential unit, primary residential unit, accessory dwelling
unit, or junior accessory dwelling unit.
1.
One new unit incorporated entirely within an existing residential
unit.
2.
One new unit incorporated entirely within an existing accessory building,
including garages.
3.
One new unit attached to and increasing the size of an existing residential
unit or an existing accessory building.
4.
One new unit detached from and located on the same lot as an existing
unit. A unit that is attached to another detached accessory building,
but not another residential unit, or is attached by a breezeway or
porch, is considered detached.
5.
Two newly constructed attached units (duplex) or two detached residential
units on a vacant lot.
6.
A two-unit residential development in any of the configurations described above may be added to a newly created lot concurrently with an approval for an urban lot split, pursuant to Chapter 27.60, Parcel Maps for Urban Lot Splits; however, the provisions of that chapter shall not be used to permit more than two units on a lot.
7.
Up to two accessory dwelling units pursuant to Section 30.185.040, Accessory Dwelling Units, may be proposed in addition to the two units constructed pursuant to this section on a lot that is not the result of an urban lot split.
D.
Accessory Buildings Allowed. Residential accessory buildings, such as garages and sheds, may be permitted concurrently or subsequent to a two-unit residential project, pursuant to Section 30.140.020, Accessory Buildings. The maximum accessory building floor area shall apply to the lot as a whole, and not per residential unit.
E.
Not Applicable to Nonconforming Development. RS zoned lots
already developed with two or more existing residential units, nonresidential
uses, or mixed-use, shall not use the provisions of this section to
add floor area, add residential units, or make any other alterations
to the buildings or site otherwise prohibited by this title, unless
the development complies with all of the standards of this section.
F.
Maximum Floor Area and Unit Size. The maximum allowable floor
area for the lot is limited to 85% of the maximum Floor Area Ratio
(FAR) standards in Table 30.20.030.A and shall apply to the lot as
a whole, and not per residential unit. Notwithstanding the foregoing
requirement, the maximum unit size is as follows:
1.
One New Attached Unit. A new unit that
is attached to, and increasing the size of, an existing residential
unit shall not exceed 50% of the living area of the existing residential
unit.
2.
One Converted Unit. A new unit that
is incorporated entirely within an existing residential unit, or within
an existing accessory building, is not limited in size except that
it shall not exceed the footprint of the existing structure.
3.
New Detached Units or New Duplex. Any
newly constructed unit that is detached from another unit and which
may or may not be attached to a garage or other accessory building,
or when two newly constructed attached units (duplex) are proposed,
each unit shall not exceed the following maximum unit size:
a.
Lots up to 14,999 square feet and developed with one-bedroom
or studio units: 850 square feet.
b.
Lots up to 14,999 square feet and developed with two or more-bedroom
units: 1,000 square feet.
c.
Lots 15,000 square feet or larger: 1,200 square
feet.
d.
Lots in the High Fire Hazard Area: 800 square feet.
G.
Building Separation. Unless attached to and made a part of another main building pursuant to Section 30.140.030, Building Attachment, no detached main building shall be closer than 10 feet to any other main building on the same lot; and no detached accessory building shall be closer than five feet to any other main or accessory building on the same lot.
H.
Setbacks. All structures in a two-unit residential development,
including accessory buildings, shall comply with the setback standards
for the base zone, as shown in Table 30.20.030.A; with the following
exceptions:
1.
Interior Setback. The interior setback
may be reduced to four feet for a one-story building and portions
of the residential unit not exceeding 17 feet in height. Second stories,
and portions of a building exceeding 17 feet in height, as well as
incidental features including decks, balconies, mechanical equipment,
and any portion of any accessory building, shall comply with the interior
setback standards for the base zone.
2.
Conversion. No setback is required to convert the existing, legally permitted, floor area of a main or accessory building to two-unit residential development. Improvements to existing nonconforming buildings, including conforming additions, are allowed pursuant to Chapter 30.165, Nonconforming Structures, Site Development, and Uses.
3.
Substantial Redevelopment. No setback
is required when an existing main or accessory building is substantially
redeveloped and converted to two-unit residential development, provided
that the new building is reconstructed in the same location and with
the same dimensions and floor area as the existing building.
I.
Parking. One off-street automobile parking space, which may
be covered or uncovered, is required for each unit in a two-unit residential
development, except as exempted below.
1.
Parking Exemptions. No parking is required
if the parcel is located within one-half mile walking distance of
either a high-quality transit corridor, as defined in subdivision
(b) of Section 21155 of the Public Resources Code, or a major transit
stop, as defined in Section 21064.3 of the Public Resources Code;
or if there is a car share vehicle located within one block of the
parcel.
2.
Replacement Parking Required. When
an existing garage, carport, or other covered parking structure is
converted or demolished in order to construct a new unit, at least
one replacement parking space, which may be covered or uncovered,
must be provided for each unit, unless the project is exempt from
parking.
3.
Bicycle Parking. If each residential
unit does not have access to a fully enclosed automobile parking space
inside a garage, one long-term bicycle parking space shall be provided
for each unit.
4.
Tandem Parking. Tandem parking may
be approved by the Public Works Director, pursuant to Section 30.175.090.F,
Tandem Parking; however, no tandem parking shall be permitted in the
High Fire Hazard Area.
5.
Location.
a.
Required parking must be on the same lot as the residential unit
served.
b.
All driveways, automobile, and bicycle parking spaces must meet the minimum dimensions, location, and development standards consistent with the California Fire Code, the City's Parking Access and Design Standards and Section 30.175.090, Parking Area Design and Development Standards.
J.
Rental Terms. Each unit may be rented separately, however
rental terms shall not be less than 31 consecutive days, nor shall
rental terms allow termination of the tenancy prior to the expiration
of at least one 31-day period occupancy by the same tenant.
K.
Architectural Review. All developments shall be subject to
the following architectural design criteria, or any other adopted
objective design standards in effect at the time a complete application
is submitted, as applicable to either new construction or exterior
alterations, which shall be reviewed ministerially by the Community
Development Director.
1.
Prohibition of Shiny Roofing and Siding. New roofing and siding materials that are shiny, mirror-like, or
of a glossy metallic finish are prohibited.
2.
Roof Tile. Where a new clay tile roof
is proposed, the use of two-piece terra cotta (Mission "C-tile") roof
is required and "S-tile" is prohibited, unless necessary to match
the S-tile roof materials of an existing residential unit.
3.
Skylights. New skylights shall have
flat glass panels. "Bubble" or dome type skylights are not allowed.
4.
Glass Guardrails. New glass guardrails
are not allowed, unless necessary to match the pre-existing glass
guardrails of an existing residential unit.
5.
Garage Conversion. If a garage is converted
to a new unit, the garage door opening shall be replaced with exterior
wall coverings, or residential windows and doors, to match the existing
exterior garage wall covering and detailing.
6.
Grading. No more than 250 cubic yards
of grading (i.e., cut and/or fill under the building footprint and
outside the building footprint to accommodate the new unit) is allowed.
7.
Height. The construction of a new residential unit shall be limited in accordance with Section 30.140.170, Solar Access Height Limitations; and shall not exceed the following, whichever is greater:
8.
Design Style. Additions or new construction
shall comply with the following:
a.
On a site already developed with an existing residential unit, the
new unit shall be designed and constructed to match the existing paint
color and exterior building materials, including, but not limited
to, siding, windows, doors, roofing, light fixtures, hardware, and
railings.
b.
If residential development is proposed on a lot where no residential
units currently exist, the units shall be constructed using the same
architectural style, exterior building materials, colors, and finishes.
9.
Privacy Standards. The construction
of a new unit where any portion of the proposed construction is either:
two stories tall or 17 feet or taller in building height, shall comply
with the following:
a.
Upper story unenclosed landings, decks, and balconies greater than
20 square feet, that face or overlook an adjoining property, shall
be located a minimum of 15 feet from the interior lot lines.
b.
Upper story unenclosed landings, decks, and balconies, that do not
face or overlook an adjoining property due to orientation or topography,
may be located at the minimum base zone interior setback line if an
architectural screening element such as enclosing walls, trellises,
awnings, or perimeter planters with a five-foot minimum height is
incorporated into the unenclosed landing, deck, or balcony.
c.
Upper story windows located within 15 feet of an interior lot line
and face or overlook an adjoining property shall be installed a minimum
of 42 inches above finish floor.
L.
Protection for Historic Resources. To protect historic resources that have not yet been designated but are listed in the Historic Resources Inventory pursuant to Chapter 30.157, Historic Resources, no two-unit residential development shall be permitted if the proposal would cause a substantial adverse change in the significance of any historic resource, as defined in Section 30.300.080.H. The Community Development Director shall make this determination by reviewing the proposal for compliance with appropriate Secretary of Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings.
M.
Storm Water Management. The development must comply with the City's Storm Water Runoff Requirements pursuant to Chapter 22.87, Storm Water Management.
N.
Outdoor Lighting. All outdoor lighting shall comply with the City's outdoor lighting ordinance Chapter 22.75, the specifications in the City's Outdoor Lighting and Streetlighting Design Guidelines, and with State or Federal appliance and energy efficiency standards.
O.
Landscape Plans. A complete landscaping and irrigation plan
shall be submitted to and approved by the Community Development Department
prior to the issuance of building permits for a two-unit residential
development. All landscape plans shall comply with the following:
2.
Defensible space requirements pursuant to Section 4907 of the International
Fire Code and California Fire Code as amended by Section 8.04.020.R
of this Code, when required in the High Fire Hazard Area.
P.
Access to a Public Street. Every main building shall face
or have frontage upon a public street or permanent means of access
to a public street, using at least one of the methods described below.
Pedestrian pathways and driveways are limited to the minimum width
required for access to each unit, garage, or required parking space.
1.
Vehicular Access. When automobile parking
is required or proposed, vehicular access to a public street or alley
shall be provided by a paved driveway that complies with the minimum
width, slope, materials and other standards consistent with the California
Fire Code and the City's Parking Access and Design Standards and the
following:
a.
Shared Driveways. A driveway may be shared by no
more than two lots.
b.
Multiple Driveways. More than one driveway per lot
is prohibited on lots with less than 100 feet of public street frontage.
c.
Landscape Buffer. Where feasible for existing site
constraints, driveways adjacent to onsite buildings must be separated
from building walls by a planting area with a minimum inside width
of three feet. The same buffer, or a fence or hedge, shall be provided
where parking areas, turnarounds, or driveways abut an adjacent residential
property.
2.
Pedestrian Access. Pedestrian access
to a public street or alley shall be provided with an exterior pedestrian
pathway from the primary entrances of each unit to the adjoining sidewalk,
street, or alley. The pedestrian pathway shall be unobstructed, clear
to the sky, and meet the following standards:
b.
Maximum Length. Pedestrian pathways shall not be
more than 200 feet in length.
c.
Slope. Running grade shall not exceed five percent
and cross slope shall not exceed 1:50.
d.
Materials. Minimum four-inch-thick concrete, or
concrete or brick pavers placed hand tight or mortared, on compacted
subgrade or aggregate base, or other techniques or materials providing
equivalent service. Gravel, mulch, dirt, stepping stones, or other
similar loose materials that do not create a continuous passage are
prohibited.
e.
Lighting. Pedestrian pathways more than 100 feet
in length shall provide lighting at intervals not to exceed 50 feet.
3.
Addressing. All addresses for residential
lots using a shared driveway or pedestrian pathway must be displayed
at their closest point of access to a public street for emergency
responders.
Q.
ESHA, Wetland, and Creek Habitat Buffers.
1.
Buffer Area. No new development or
substantial redevelopment shall be located within 35 feet of the top
of either bank of any creek or watercourse; or the outer edge of habitat
or tree canopy of any wetland or Environmentally Sensitive Habitat
Areas (ESHA), unless the proposed development is required to provide
protection against property loss or damage as determined by the Building
Official, or for the purposes of restoration, protection of habitat,
or water quality improvement.
2.
Required Restoration. If development
in or near a buffer area causes any disturbance within the buffer
area, the owner shall undertake restoration and mitigation measures
such as regrading and revegetation to restore any damaged or lost
natural resources. The restoration plan shall be prepared by a qualified
biologist or equivalent technical specialist and in consultation with
the City's Environmental Analyst and the City's Creeks Division.
R.
Building Permit Required. Two-unit residential development
shall comply with applicable state and local building codes and shall
require approval of a building permit. The City shall ministerially
approve or disapprove a complete building permit application for a
two-unit residential development in compliance with state law and
this section.
1.
Posted Sign. Within five calendar days
after submitting an initial building permit application to the City,
the property owner shall install a public notice in the form of a
posted sign on the property in a manner deemed acceptable by the Community
Development Director. The sign shall remain posted until a building
permit is issued, or the application expires or is withdrawn. At the
time of application submittal, the applicant shall sign an affidavit
stating that he or she will post the required sign per this subsection.
The validity of the permit shall not be affected by the failure of
any property owner, resident, or neighborhood or community organization
to receive this notice.
2.
Basis for Denial. A two-unit housing
development may be denied if the Building Official finds that the
proposed development project would have a specific, adverse impact
upon public health and safety or the physical environment and for
which there is no feasible method to satisfactorily mitigate or avoid
the specific, adverse impact.
S.
Recorded Agreement. Before obtaining a building permit for a two-unit residential development, the property owner shall execute an agreement, pursuant to Chapter 30.260, Recorded Agreements, containing a reference to the deed under which the property was acquired by the present owner which outlines the requirements regarding the rental terms of a two-unit residential development, as specified in this section.
T.
Other Objective Development Standards.
1.
Except as otherwise specified in this section, two-unit residential
development shall comply with the objective development standards
applicable to a principle or primary residential use on a lot for
the housing type and base zone in which the lot is located.
2.
The reductions and exceptions to the development standards normally
applicable to residential development allowed in this section are
for the express purpose of promoting the development and maintenance
of more than one dwelling unit on the lot. If for any reason the development
is not maintained on the lot in conformance with this section, the
lot shall be brought into compliance with all of the requirements
for the residential development, or with the legal nonconforming condition
of the lot prior to the development of the two-unit residential development,
including, but not limited to, the requirements for open yard, setbacks,
and covered parking.
3.
Discretionary design review may be required for any exterior alterations to an existing building, site development, or accessory building that are not an integral part of creating a new two-unit residential development, even if the alterations are proposed in conjunction with the two-unit residential project, if required pursuant to Chapter 30.220, 22.68, or 22.69 of this Code.
4.
A two-unit residential project may not include a request for an exception
to any objective standards by applying for a variance, modification,
exception, waiver, or other discretionary approval for height, density,
setbacks, open yard, land use, or similar design or development standard.
(Ord. 6047 §5, 2021; Ord. 6101 §1, 2023)
