The purpose of the -AE Airport Environs Overlay District is to regulate land uses within the Airport Influence Area (AIA) consistent with the adopted Airport Land Use Compatibility Plan (ALUCP) for Santa Barbara County, and to limit the height of structures and appurtenances (including vegetation) within these areas. The intent is to protect the safety of people both in the air and on the ground, to reduce and avoid noise and safety conflicts between airport operations and surrounding land uses, and to preserve navigable airspace around the Santa Barbara Airport.
(Ord. 20-03 § 6; Ord. 23-13 § 4)
The standards and regulations of this chapter apply to new uses and new development within the AIA of the Santa Barbara Airport shown on the Zoning Overlay Map. As used herein, “Airport” means the Santa Barbara Airport. Regulations in the -AE Overlay District modify and supplement the base zoning district regulations. In cases where the regulations of the -AE Overlay District conflict with the regulations of the base zoning district, the more restrictive regulations take precedence.
(Ord. 20-03 § 6; Ord. 23-13 § 4)
Review of projects for consistency with the ALUCP will be done by the Review Authority specified in Title 17 for the type of project proposed. Under this section, the Review Authority has authority granted to the Airport Land Use Commission (ALUC) in the ALUCP. ALUC determination of consistency is required where identified in Section 2.5.1 of the ALUCP.
(Ord. 23-13 § 4)
A. 
General. All uses of land or water within the -AE Overlay District shall avoid:
1. 
Sources of glare (such as from mirrored or other highly reflective buildings or building features) or bright lights (including search lights and laser light displays);
2. 
Distracting lights that could be mistaken for airport lights;
3. 
Sources of dust, steam, or smoke that may impair pilot visibility;
4. 
Sources of electrical interference with aircraft communications or navigation; and
5. 
Any proposed use that creates an increased attraction for wildlife. Of particular concern are landfills and certain recreational or agricultural uses that attract large flocks of birds which pose bird strike hazards to aircraft in flight.
B. 
Use Limitations. In addition to any other use limitations within Title 17, new uses must conform to the use standards and use allowances in ALUCP Section 3.3, Safety Compatibility Policies. These standards and allowances include, but are not limited to, consistency with ALUCP Table 3-2, Santa Barbara Airport Safety Compatibility Criteria.
C. 
Runway 7-25 Safety Corridor. Only the following may be permitted within the Runway 7-25 Runway Protection Zone (Safety Zone 1):
1. 
Open space.
2. 
Landscaping that meets height restrictions and does not attract potential wildlife hazards.
3. 
Roadways.
4. 
Parking.
(Ord. 20-03 § 6; Ord. 23-13 § 4)
In addition to any noise standards within Title 17, new uses must conform to the noise standards and allowances in Section 3.2, Noise Compatibility Policies, of the ALUCP. These standards and allowances include, but are not limited to, those found in ALUCP Table 3-1, Santa Barbara Airport Noise Compatibility Criteria.
(Ord. 20-03 § 6; Ord. 23-13 § 4)
A. 
FAA Notification and Review. Any applicant proposing construction or alteration within the -AE Overlay District must submit notification of the proposal to the FAA for an aeronautical study if such construction or alteration exceeds one of the following height standards:
1. 
200 feet above ground level; or
2. 
The plane of an imaginary surface extending outward and upward at a slope of 100 to one for a distance of 20,000 feet from the nearest point of any runway.
B. 
Height Limitations. The criteria for determining the acceptability of a project with respect to height must be based upon the standards set forth in Title 14 of the Code of Federal Regulations (CFR), Part 77, Safe, Efficient Use, and Preservation of the Navigable Airspace (Part 77). Additionally, where an FAA aeronautical study of a proposed object is required in accordance with Part 77, the project must receive an FAA Determination of No Hazard to Air Navigation for that object.
(Ord. 20-03 § 6; Ord. 23-13 § 4)
A. 
Avigation Easement Dedication. An avigation easement must be dedicated to the City of Santa Barbara for any development consistent with ALUCP requirements.
1. 
Applicability. The requirement for an avigation easement applies in the following situations:
a. 
Where proposed structures, trees, or other objects would constitute an obstruction as defined by the FAA (exceeds a Part 77 surface);
b. 
Located on a site where the ground level penetrates a Part 77 surface; or
c. 
Situated on property lying within the projected 65 dBA CNEL or greater noise contour of the Santa Barbara Airport that has been designated as a conditionally compatible land use in Table 3-1 of the ALUCP.
2. 
Contents. The avigation easement shall:
a. 
Provide the right of flight in the airspace above the property;
b. 
Allow the generation of noise and other impacts associated with aircraft overflight;
c. 
Restrict the height of structures, trees, and other objects;
d. 
Permit access to the property for the removal or aeronautical marking of objects exceeding the established height limit; and
e. 
Prohibit electrical interference, glare, and other potential hazards to flight from being created on the property.
B. 
Airport in Vicinity Notification Recordation. An overflight notification consistent with the following must be recorded as part of any real estate transaction for any residential development within the AIA.
1. 
Disclosure. The notification must contain the following language, as dictated by applicable law, with regard to real estate transfer disclosure:
a. 
Notice of Airport in Vicinity. This property is presently located in the vicinity of an airport, within what is known as an airport influence area. For that reason, the property may be subject to some of the annoyances or inconveniences associated with proximity to airport operations (for example: noise, vibration, or odors). Individual sensitivities to those annoyances can vary from person to person. You may wish to consider what airport annoyances, if any, are associated with the property before you complete your purchase and determine whether they are acceptable to you.
2. 
Notice. The notification must be made evident to prospective purchasers, lessees, and renters of the property and must appear on the property deed or covenants, conditions, and restrictions (CC&Rs).
3. 
Exception. An overflight notification is not required where an avigation easement is required.
(Ord. 20-03 § 6; Ord. 23-13 § 4)