Title 17, Zoning, of the Goleta Municipal Code is to be known as the “Goleta Zoning Ordinance” and may also be referenced as the “Zoning Ordinance of the City of Goleta” or “Zoning Ordinance.” The Goleta Zoning Ordinance is referenced herein as “this Title” or “this Ordinance.” The Goleta Zoning Ordinance is adopted pursuant to the authority of California Government Code Section 65850.
(Ord. 20-03 § 6)
The purpose of this Title is to implement the General Plan,
and to protect and promote the public health, safety, peace, comfort,
convenience, prosperity, and general welfare. More specifically, this
Title is adopted to achieve the following objectives:
A.
To
provide a precise guide for the physical development of the City in
a manner as to achieve the arrangement of land uses depicted in the
General Plan, consistent with the goals and policies of the General
Plan;
B.
To
implement the Coastal Land Use Plan, consistent with the California
Coastal Act (California Public Resources Code Section 30000 et seq.);
C.
To
foster a harmonious, convenient, and workable relationship among land
uses and ensure compatible development, consistent with the General
Plan; and
D.
To
define the duties and powers of City bodies, officials, and administrators
responsible for implementation and enforcement of this Title.
(Ord. 20-03 § 6)
A.
Organization. This Title consists of six parts:
B.
Types of Regulations. Four types of zoning regulations control
the use and development of property within the City:
1.
Land Use Regulations. Land use regulations
specify land uses permitted, conditionally permitted, or specifically
prohibited in each zoning district, and include special requirements,
if any, applicable to specific uses. Land use regulations for base
zoning districts are in Part II of this Title, while land use regulations
for overlay districts are in Part III of this Title. Certain regulations
applicable in multiple districts and performance standards that govern
special uses are in Part IV.
2.
Development Regulations. Development regulations
control building density and intensity and the height, bulk, location,
and appearance of structures on development sites. Development regulations
for base zoning districts and for overlay districts are in Parts II
and III of this Title. Certain development regulations applicable
to multiple districts are in Part IV.
3.
Administrative Regulations. Administrative
regulations contain detailed procedures for permitting all development
as well as the administration of this Title and include common procedures,
and permit processes. Administrative regulations are in Part V.
4.
Use Classifications and Definitions. Part
VI provides a list of use classifications and definitions of terms
used within this Title.
(Ord. 20-03 § 6)
A.
General Rules for Applicability of Zoning Regulations.
1.
Minimum Requirements. In interpreting, analyzing,
and applying the provisions of this Title, unless otherwise stated,
they shall be held to be the minimum requirements for promotion of
public health, safety, peace, comfort, and general welfare. Discretionary
Approvals required by this Title may include the imposition of conditions
and standards that are stricter than those required by this Title.
2.
Timing. All development within the City shall
be subject to the development standards and regulations herein upon
the effective date of this Title.
3.
Private Property Takings.
a.
This Title is not intended, and shall not be construed as authorizing
the City acting pursuant to this Title to exercise its power in a
manner which will take or damage private property for public use,
without the payment of just compensation therefor. This section is
not intended to increase or decrease the rights of any owner of property
under the Constitution of the State of California or the United States.
b.
Where strict adherence to this Title would preclude all economically
beneficial use of private property, the City may apply the provisions
of this Title to the maximum extent possible to avoid an unconstitutional
taking of private property. However, where proposed use or development
of property would violate background principles of property law, such
as nuisance law, then the City shall fully apply this Title as applicable.
c.
Where strict adherence to this Title would constitute an unconstitutional
taking, the Review Authority may, at its sole discretion, waive full
application of the pertinent provision or provisions of this Title
only if the following findings can be made and are supported with
substantial evidence:
4.
Applicability to Property. This Title applies,
to the extent permitted by law, to all property within the corporate
limits of the City.
5.
Compliance with Regulations. Land or buildings
may be used and structures may be erected or altered only in accordance
with the provisions of this Title.
6.
Applicability to the City. The City will
ensure that all public buildings and facilities comply with the same
development standards and regulations as would be applicable to private
development.
7.
Applicability to Other Agencies. Other governmental
agencies, including State and Federal, are exempt from the provisions
of this Title only to the extent that the agency’s property
cannot be lawfully regulated by the City.
B.
Relationship to Other Regulations.
1.
Local, State, and Federal Regulations.
a.
The regulations of this Title and requirements or conditions imposed
pursuant to this Title do not supersede any other regulations or requirements
adopted or imposed by the City Council, the State, or any Federal
agency that has jurisdiction by law over uses and development authorized
by this Title. All uses and development authorized by this Title must
comply with all other such regulations and requirements. Where conflict
occurs between the provisions of the Title and any other provision
of the Goleta Municipal Code or uncodified ordinances, resolutions,
guidelines, or administrative procedures, the more restrictive provisions
control, unless otherwise specified.
b.
Issuance of a regulatory business license and/or payment of a tax,
whether valid or invalid, does not constitute compliance with this
Title or establish a vested right to operate under this Title.
2.
Other Agency Review. Due to a proposed project’s
location, size, use, or potential effects, development within the
City may be subject to additional reviews and approvals by outside
agencies prior to the City taking local action on the project. It
is the applicant’s responsibility to contact all other agencies
to determine whether the project is subject to additional standards
that are outside of this Title. Other agencies that may have some
level of jurisdiction over specific projects within the City may include,
but are not limited to, the following: Goleta Water District, Goleta
Sanitary District, Goleta West Sanitary District, County Air Pollution
Control District, County Environmental Health Services, County Fire,
Santa Ynez Band of Chumash Indians, Central Coast Regional Water Quality
Control Board, California Coastal Commission, California Department
of Fish and Wildlife, California Department of Transportation, California
State Lands Commission, and the U.S. Army Corps of Engineers.
3.
Permit Streamlining Act. It is the intent
of this Title that all actions taken by the decision-making body pursuant
to this Title that are solely adjudicatory in nature are to be within
a timeframe consistent with the provisions of the Permit Streamlining
Act (California Government Code Section 65920 et seq.). Nothing in
this Title is to be interpreted as imposing time limits on actions
taken by the decision-making body pursuant to this Title that are
legislative in nature or that require both adjudicatory and legislative
judgments.
4.
Subdivision Map Act. The provisions of the State’s Map Act, Section 66410 et seq., of the California Government Code pertaining to the subdivision of real property (e.g., Parcel Maps, Lot Line Adjustments, Lot Mergers, etc.) are codified within Title 16 of the Goleta Municipal Code.
5.
Relation to Prior Ordinances. The provisions
of this Title supersede all prior zoning ordinances, codified or uncodified,
adopted by the City. No provision of this Title validates any land
use or structure established, constructed, or maintained in violation
of prior zoning ordinances, unless such validation is specifically
and expressly authorized by this Title and the land use or structure
conforms to this Title, the General Plan, and all other applicable
regulations.
6.
Application During Local Emergency. The City
Council may authorize a deviation from a provision of this Title during
a local emergency declared and ratified under the Goleta Municipal
Code or by the County Office of Emergency Management. The City Council
may authorize such a deviation by resolution without notice or public
hearing.
C.
Consistency with the General Plan. Any permit, license, or
approval issued pursuant to this Title must be consistent with the
General Plan and all applicable area and specific plans. In any case
where there is a conflict between this Title and the General Plan,
the General Plan prevails.
D.
Zoning Code Determinations. The Director has the authority
to determine the applicability of any provision of this Title.
1.
Official Determinations. The Director must issue an official determination, which is subject to appeal, pursuant to Section 17.52.120 of this Title. in the following situations:
a.
Determination which of two or more conflicting provisions apply generally
or to a specific case;
b.
Determination of whether a specific unlisted use may be permitted in one or more zone districts in accordance with Section 17.02.030, Rules of Interpretation; and
c.
Interpretations regarding disputed boundaries of zone districts in accordance with Section 17.01.080, Zoning Map and District Boundaries.
If one of the above situations is not present, but ambiguity
in application of a provision of Title 17 exists, resolution of the
ambiguity should be documented. However, such resolution does not
qualify as requiring a Director determination.
2.
Codification. Determinations shall be compiled
and amendments to Title 17 shall be proposed that align with the determinations.
E.
Project Vesting.
1.
Projects Under the Authority of a Different Zoning Code. Unless specifically discussed elsewhere in this Title, any project approved and constructed under a different zoning ordinance but which does not conform to the standards of this Title shall be subject to Chapter 17.36, Nonconforming Uses and Structures.
2.
Previously Approved Projects Under Construction. Any structure for which a building permit has been issued
prior to adoption of this Title may be built in accordance with the
approved zoning and building permits, provided construction commences
prior to the expiration of any approved permit.
3.
Previously Approved Projects Not Yet Under Construction. Any project with an approved or issued Zoning Permit may
be built in accordance with the permit and all associated conditions
of approval.
a.
Time Extensions. Any request for extending the life of a project that has received an entitlement prior to the effective date of this Title may request a time extension in accordance with Section 17.52.090(D), Dates and Timing—Time Extensions.
4.
Project Applications Deemed Complete. At
the applicant’s election, a project application that is determined
to be complete prior to September 1, 2019, shall either:
a.
Be processed under the zoning regulations in effect at the time of
the determination; or
b.
Be processed under this Title.
The applicant’s option in accordance with subparagraph (a) of this provision shall terminate on December 31, 2021, unless extended by way of approval of a Development Agreement in accordance with Chapter 17.65. If a project has not received all required, final City discretionary land use entitlements by December 31, 2021, excluding any appeal period, the project shall be subject to all regulations of this Title unless otherwise required by law or by way of a City-approved Development Agreement.
5.
Project Applications Not Deemed Complete. Projects for which an application has not been submitted and deemed
complete prior to September 1, 2019 shall be subject to the regulations
of this Title.
(Ord. 20-03 § 6; Ord. 20-09 § 5; Ord. 21-07 § 4; Ord. 22-06 § 4)
If any section, subsection, paragraph, sentence, clause, or
phrase of this Title is for any reason held to be invalid or unconstitutional
by the decision of any court of competent jurisdiction, such decision
does not affect the validity of the remaining portions of this Title.
The City Council hereby declares that it would have passed this Title,
and each section, subsection, sentence, clause, and phrase thereof,
regardless of the fact that any or one or more sections, subsections,
sentences, clauses, or phrases is declared invalid or unconstitutional.
(Ord. 20-03 § 6)
The City Council may establish, by resolution, fees and deposits
for processing applications and other permits authorized or required
by this Title. The City Council may, from time to time, amend and
revise the processing fees and deposits. All processing fees and deposits
must be paid at the time an application is filed, and no processing
can commence until the fees and deposits are paid in full.
(Ord. 20-03 § 6)
All parcels in the City are and must be classified by districts
for the purpose of implementing the regulations set forth in this
Title and as follows:
A.
Base Zoning Districts. Base zoning districts are established
as shown in Table 17.01.070(A), Base Zoning Districts.
|
TABLE 17.01.070(A): BASE ZONING DISTRICTS
| ||
|---|---|---|
|
Map Symbol
|
Full Name
|
General Plan Land Use Designation
|
|
Residential Districts
| ||
|
RS*
|
Single Family Residential
|
Single-Family Residential
|
|
RP
|
Planned Residential
|
Planned Residential
|
|
RM
|
Residential—Medium Density
|
Medium-Density Residential
|
|
RH
|
Residential—High Density
|
High-Density Residential
|
|
RMHP
|
Residential—Mobile Home Park
|
Mobile Home Park
|
|
Commercial Districts
| ||
|
CR
|
Regional Commercial
|
Regional Commercial
|
|
CC
|
Community Commercial
|
Community Commercial
|
|
OT
|
Old Town—Commercial
|
Old Town Commercial
|
|
VS
|
Visitor Serving—Commercial
|
Visitor Commercial
|
|
CI
|
Intersection or Highway Commercial
|
Intersection or Highway Commercial
|
|
CG
|
General Commercial
|
General Commercial
|
|
Office Districts
| ||
|
BP
|
Business Park
|
Business Park
|
|
OI
|
Office Institutional
|
Office and Institutional
|
|
Industrial Districts
| ||
|
IS
|
Service Industrial
|
Service Industrial
|
|
IG
|
General Industrial
|
General Industrial
|
|
Public and Quasi-Public Districts
| ||
|
PQ
|
Public and Quasi-Public
|
Public and Quasi-Public
|
|
Open Space and Agricultural Districts
| ||
|
OSPR
|
Open Space—Passive Recreation
|
Open Space/Passive Recreation
|
|
OSAR
|
Open Space—Active Recreation
|
Open Space/Active Recreation
|
|
AG
|
Agricultural
|
Agriculture
|
|
Notes:
| |
|---|---|
|
*
|
Numerical designators denote the minimum lot area allowed (in
1,000s of square feet). Where there is not designator, the minimum
lot area is set through the land division.
|
B.
Overlay Zoning Districts. Overlay zoning districts, one or
more of which may be combined with and apply in addition to the underlying
base district, are established as shown in Table 17.01.070(B), Overlay
Zoning Districts.
|
TABLE 17.01.070(B): OVERLAY ZONING DISTRICTS
| |
|---|---|
|
Map Symbol
|
Full Name
|
|
-AE
|
Airport Environs
|
|
-AH
|
Affordable Housing
|
|
-H
|
Hospital
|
|
-OTH
|
Old Town Heritage
|
|
-CBPSP
|
Cabrillo Business Park Specific Plan
|
|
-CRMSP
|
Camino Real Marketplace Specific Plan
|
C.
References to Classes of Base Districts. Throughout this Title,
the following references apply:
1.
The
phrase ““R” Zone District” or “Residential
District” means one or more of the following districts: RS,
Single Family; RP, Planned Residential; RM, Residential—Medium
Density; RH, Residential—High Density; and RMHP, Residential—Mobile
Home Park.
2.
“Non-Residential
District” means any base zoning district except RS, RP, RM,
RH, and RMHP districts.
3.
“C
District” or “Commercial District” means one or
more of the following districts: CR Regional Commercial, CC Community
Commercial, OT Old Town, VS Visitor-Serving Commercial, CI Intersection
or Highway Commercial, or CG General Commercial.
4.
“O
District” or “Office District” means one or more
of the following: BP Business Park or OI Office Institutional.
5.
“I
District” or “Industrial District” means one or
more of the following: IS Service Industrial or IG General Industrial.
(Ord. 20-03 § 6)
The boundaries of the zoning districts established by this Title
are shown on the Zoning Map maintained by the City Clerk. The Zoning
Map, together with all legends, symbols, notations, references, zoning
district boundaries, map symbols, and other information on the maps,
has been adopted by the City Council and is hereby incorporated into
this Title by reference, together with any zoning map amendments previously
or hereafter adopted, as though they were fully included here.
A.
Uncertainty of Boundaries. If an uncertainty exists as to
the boundaries of any district shown on the Zoning Map, the following
rules apply:
1.
Boundaries
indicated as approximately following the centerlines of public or
private alleys, lanes, streets, highways, streams, or railroads must
be construed to follow such centerlines.
2.
Boundaries
indicated as approximately following lot lines, City limits, or extraterritorial
boundary lines must be construed as following such lines, limits,
or boundaries.
3.
In
the case of unsubdivided property or where a district boundary divides
a lot and no dimensions are indicated, the location of such boundary
is determined by the use of the scale appearing on the Zoning Map,
metadata within an electronic graphic document maintained by the City,
or historical information pertaining to the original adoption of the
district boundary in question.
4.
In
the case of any remaining uncertainty, the Director must determine
the location of boundaries.
B.
Vacated or Abandoned Land.
1.
Where
any public street or alley is officially vacated or abandoned, the
regulations applicable to each parcel of abutting property apply to
that portion of such street or alley added thereto by virtue of such
vacation or abandonment.
2.
Any
private right-of-way or easement of any railroad, railway, transportation,
or public utility company that is vacated or abandoned and said property
is unclassified, said property is automatically classified as being
in the PQ Public and Quasi-Public District.
(Ord. 20-03 § 6)
