The purpose of this chapter is to establish standards for specific uses and activities that are permitted or conditionally permitted in several or all base zoning districts. These provisions are intended to minimize the impacts of these uses and activities on surrounding properties and to protect the health, safety, and general welfare of their occupants and of the public.
(Ord. 20-03 § 6)
Each activity covered by this chapter must comply with the requirements of the section applicable to the specific use or activity, in addition to any base zoning district standards where the use or activity is proposed, and all other applicable provisions of this Title. The uses that are subject to the standards in this chapter are allowed only when authorized by the planning permit identified in the base zoning district regulations except where this chapter establishes a different planning permit requirement for a specific use.
(Ord. 20-03 § 6)
A.
Purpose. The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with California Government Code Sections 65852.2 and 65852.22.
B.
Effect of Conforming. An ADU or JADU that conforms to the standards in this section will not be:
1.
Deemed to be inconsistent with the City’s General Plan/Coastal Land Use Plan land use designation and zone district for the lot on which the ADU or JADU is located.
2.
Deemed to exceed the allowable dwelling unit density for the lot on which the ADU or JADU is located.
3.
Considered in the application of any City ordinance, policy, or program to limit residential growth.
4.
Required to correct a Nonconforming Zoning Condition, as defined in subsection (C)(8) below. This does not prevent the City from enforcing compliance with applicable building standards in accordance with Health and Safety Code Section 17980.12.
C.
Definitions. As used in this section, terms are defined as follows:
1.
Accessory Dwelling Unit (ADU).
a.
b.
An attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:
An efficiency unit, as defined by Section 17958.1 of the California Health and Safety Code; and
A manufactured home, as defined by Section 18007 of the California Health and Safety Code.
2.
Accessory Structure.
A structure that is accessory and incidental to a dwelling located on the same lot.
3.
Complete Independent Living Facilities.
Permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-unit or multi-family dwelling is or will be situated.
4.
Efficiency Kitchen.
A kitchen that includes each of the following:
5.
Junior Accessory Dwelling Unit (JADU).
a.
b.
c.
d.
e.
A residential unit that:
Is no more than 500 square feet in size;
Is contained entirely within an existing or proposed single-unit dwelling structure. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure;
Includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-unit dwelling structure; and
If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling.
Includes an efficiency kitchen, as defined subsection (C)(4) above.
6.
Living Area.
The interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.
7.
Multi-Family Dwelling.
Any structure designed for human habitation that has been divided into two or more legally created independent living quarters.
8.
Nonconforming Zoning Condition.
A physical improvement on a property that does not conform with current zoning standards.
9.
Passageway.
A pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.
10.
Proposed Dwelling.
A dwelling that is the subject of a permit application and that meets the requirements for permitting.
11.
Single-Unit Dwelling.
Any structure designed for human habitation that has been legally created for a single independent living quarters.
D.
Approvals. The following approval requirements apply to ADUs and JADUs under this section:
1.
Building Permit Only. If an ADU or JADU complies with each of the general requirements in subsection E below, the ADU or JADU is exempt from zoning permits under this section in the following scenarios:
a.
Converted on Single-Unit Lot. Only one ADU and one JADU on a lot with a proposed or existing single-unit dwelling on it, where the ADU or JADU:
i.
Is either:
ii.
Has exterior access that is independent of that for the single-unit dwelling; and
iii.
Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.
iv.
The JADU complies with the requirements of Government Code Section 65852.22.
b.
Limited Detached on Single-Unit Dwelling Lot. One detached, new-construction ADU on a lot with a proposed or existing single-unit dwelling (in addition to any JADU that might otherwise be established on the lot under subsection (D)(1)(a) above) if the detached ADU satisfies the following limitations:
c.
Converted on Multi-Family Dwelling Lot.
i.
Multiple ADUs within portions of existing multi-family dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings.
ii.
At least one converted ADU is allowed within an existing multi-family dwelling, and up to 25 percent of the existing multi-family dwelling units may each have a converted ADU under this subsection.
d.
Limited Detached on Multi-Family Dwelling Lot. No more than two detached ADUs on a lot that has an existing or proposed multi-family dwelling if each detached ADU satisfies the following limitations:
i.
The side and rear setbacks are at least four feet. If the existing multi-family dwelling has a rear or side yard setback of less than four feet, the City will not require any modification to the multi-family dwelling as a condition of approving the ADU.
2.
ADU Permit.
a.
Permit Required. Except as allowed under subsection (D)(1), no ADU may be constructed or legalized without a building permit and zoning permit in compliance with the standards set forth in subsections E and F below.
ii.
Coastal Zone.
Within the Coastal Zone of the City, review, approval, and issuance of a Coastal Development Permit by the California Coastal Commission is required for construction of an ADU as well as for the legalization of any existing unpermitted ADU, unless exempt from the Coastal Act as determined by the California Coastal Commission.
iii.
The City may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the City’s ADU ordinance. The ADU permit processing fee is approved by the City Council by resolution.
3.
Process and Timing.
a.
An ADU permit is considered and approved ministerially, without discretionary review or a hearing.
b.
The City must approve or deny an application to create an ADU or JADU within 60 days from the date that the City receives a completed application. If the City has not approved or denied the completed application within 60 days, the application is deemed approved unless either:
i.
The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay; or
ii.
When an application to create an ADU or is submitted with a permit application to create a new single-unit dwelling or multi-family dwelling on the lot, the City may delay acting on the permit application for the ADU or JADU until the City acts on the permit application to create the new single-unit dwelling or multi-family dwelling, but the application to create the ADU or JADU will still be processed without discretionary review or a hearing.
c.
Denials. If the City denies an application to create an ADU or JADU, the City must provide the applicant with comments that include a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60-day time period established by subsection (D)(3)(b) above.
d.
Demolition Permits. Any required demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU building permit and issued at the same time as the building permit.
E.
Development Standards for ADUs and JADUs. The following requirements apply to all ADUs and JADUs that are approved under subsection (D)(1) or (D)(2) above:
1.
Zoning.
a.
An ADU or JADU subject only to a building permit under subsection (D)(1) above may be created on a lot in a residential or mixed-use zone.
b.
An ADU or JADU subject to an ADU zoning permit under subsection (D)(2) above may be created on a lot that is zoned to allow single-family dwelling residential use or multi-family dwelling residential use.
2.
Height.
a.
Except as otherwise provided by subsections (E)(2)(b) and (E)(2)(c) below, a detached ADU created on a lot with an existing or proposed single family or multi-family dwelling unit may not exceed 16 feet in height.
b.
A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single-family or multi-family dwelling unit that is located 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, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.
c.
A detached ADU created on a lot with an existing or proposed multi-family dwelling that has more than one story above grade may not exceed 18 feet in height.
d.
An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone district that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this subsection (E)(2)(d) may not exceed two stories.
e.
For purposes of this section, height is the vertical distance between the existing legal grade and the uppermost point of the roof of the structure directly above that legal grade.
3.
Fire Sprinklers. Fire sprinklers are required in an ADU if sprinklers are required in the primary residence. The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.
4.
Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days. This prohibition applies regardless of when the ADU or JADU was created.
5.
No Separate Conveyance. An ADU or JADU may be rented, but, except as provided in Government Code Section 65852.26, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-unit dwelling lot) or from the lot and all of the dwellings (in the case of a multi-family dwelling lot).
6.
Septic System. If the ADU or JADU will connect to an onsite wastewater-treatment system, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.
7.
Owner-Occupancy.
a.
ADUs are not subject to an owner-occupancy requirement.
b.
All JADUs are subject to an owner-occupancy requirement under State law. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person's legal domicile and permanent residence. However, the owner-occupancy requirement of this paragraph does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.
8.
Minimum Size. The minimum floor area of an ADU is 200 square feet for a standard unit. An “efficiency unit” ADU, in accordance with California Health and Safety Code Section 17958.1, may be a minimum of 150 square feet.
9.
Deed Restriction. Prior to issuance of a building permit for an ADU or JADU, a deed restriction must be recorded against the title of the property in the Santa Barbara County Recorder’s office and a copy filed with the Director. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the City and must provide that:
a.
Except as otherwise provided in Government Code Section 65852.26, the ADU or JADU may not be sold separately from the primary dwelling.
b.
The ADU or JADU is restricted to the approved size and to other attributes allowed by this section.
c.
The deed restriction runs with the land and may be enforced against future property owners.
d.
The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the Director, providing evidence that the ADU or JADU has in fact been eliminated. The Director may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated. Appeal may be taken from the Director’s determination consistent with other provisions of City zoning regulations. If the ADU or JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an ADU or JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of the City’s zoning regulations.
e.
The deed restriction is enforceable by the Director or their designee for the benefit of the City. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the City is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit.
10.
Building and Safety. All ADUs and JADUs must comply with Title 15 of the Goleta Municipal Code. Construction of an ADU does not constitute a Group R occupancy change under Title 15, as described in Section 310 of the California Building Code, unless the City Building Official makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection prevents the City from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section.
11.
Income Reporting. In order to facilitate the City’s obligation to identify adequate sites for housing in accordance with Government Code Sections 65583.1 and 65852.2, the following requirements must be satisfied:
a.
As part of the building permit application, the applicant must provide the City with an estimate of the projected monthly rent that will be charged for the ADU or JADU.
b.
Within 90 days after September 1 of each year after issuance of the building permit, the owner must report the actual average monthly rent charged for the ADU or JADU during the prior year ending in September. If the City does not receive the report within the 90-day period, the owner is in violation of this title, and the City may send the owner a notice of violation and allow the owner another 30 days to submit the report. If the owner fails to submit the report within the 30-day period, the City may enforce this provision in accordance with applicable law.
F.
Supplemental Development Standards for ADUs. The following requirements apply only to ADUs that require an ADU permit under subsection (D)(2) above:
1.
Maximum Size.
b.
An attached ADU that is created on a lot with an existing or proposed primary dwelling is further limited to 50 percent of the floor area of the existing or proposed primary dwelling.
c.
Application of other development standards in this subsection F, such as FAR or lot coverage (as applicable), might further limit the size of the ADU, but no application of the percent-based size limit in (F)(1)(b) above or of an FAR, front setback, lot coverage limit, or open-space requirement (as applicable) may require the ADU to be less than 800 square feet.
2.
Lot Coverage. No ADU subject to this subsection F may exceed 10 percent of the total lot area of the subject lot, subject to subsection (F)(1)(c) above.
3.
Setbacks. ADUs subject to this subsection must observe the following setback requirements:
4.
Separation. The minimum separation between the primary dwelling unit and a detached ADU must be at least five feet for new construction.
5.
Passageway. No passageway, as defined by subsection (C)(9) above, is required for an ADU.
7.
Design Requirements.
a.
The materials and colors of the exterior walls, roof, and windows and doors must match the appearance of those of the primary dwelling.
i.
Samples of existing and proposed colors, materials, roofing, and features must be provided as part of a complete ADU application.
b.
The roof pitch must match that of the dominant roof pitch of the primary dwelling. The dominant roof pitch is the pitch shared by the largest portion of the roof. Roof pitch and roof materials for a newly constructed ADU may be different from that of the primary dwelling on the lot only if accommodating installation of solar energy systems at the same time as construction of the ADU.
c.
Landscaping is required to enhance the appearance of the ADU as follows:
i.
At least one 15-gallon size plant shall be provided along every five linear feet of exterior ADU wall in between the ADU and the right-of-way. Alternatively, at least one 24-inch box size plant shall be provided for every 10 linear feet of exterior ADU wall.
ii.
New landscaping must use water-efficient species only.
d.
Windows and doors of the ADU may not have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight. Samples of proposed vegetative screening and planting locations must be provided as part of a complete ADU application. Exceptions to this design standard apply only to conversion of legally permitted structures that do not include installation of new exterior windows facing an adjacent property line or when only clerestory windows are used and do not provide views into neighboring lots.
e.
Exterior lighting shall be directed downward, fully shielded, and full cutoff or as otherwise required by the building or fire code.
8.
Historical Protections. An ADU that is on real property that is listed in the California Register of Historic Resources may not alter the exterior of any structure that is designated as a historic resource or, if the entire lot is designated as a historic resource, it may not alter the exterior of any structure on the lot.
G.
Development Impact Fees. The following requirements apply to all ADUs that are approved under subsections (D)(1) or (D)(2) above:
1.
No development impact fees are required for an ADU that is less than 750 square feet in floor area. For purposes of this subsection (G)(1), “impact fee” means a “fee” under the Mitigation Fee Act (Government Code Section 66000(b)) and a fee under the Quimby Act (Government Code Section 66477). “Impact fee” here does not include any connection fee or capacity charge for water or sewer service.
2.
Any development impact fee that is required for an ADU that is 750 square feet or larger in floor area must be charged proportionately in relation to the square footage of the primary dwelling unit. “Development impact fee” here does not include any connection fee or capacity charge for water or sewer service.
H.
Utility Fees. Converted ADUs and JADUs on a single-unit dwelling lot, created under subsection (D)(1)(a) above, are not required to have a new or separate utility connection directly between the ADU or JADU and the utility.
I.
Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures.
1.
Generally. The City will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.
2.
Unpermitted ADUs Constructed Before 2018.
a.
Permit to Legalize. As required by State law, the City may not deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if denial is based on either of the following grounds:
i.
The ADU violates applicable building standards, or
ii.
The ADU does not comply with the State ADU law (Government Code Section 65852.2) or this section.
b.
Exceptions:
i.
Notwithstanding subsection (I)(2)(a) above, the City may deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if the City makes a finding that correcting a violation is necessary to protect the health and safety of the public or of occupants of the structure.
ii.
Subsection (I)(2)(a) above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code Section 17920.3.
J.
Discretionary Approval. Any proposed ADU or JADU that does not conform to all of the objective standards set forth in this section may be allowed through other applicable City discretionary approval process, including, but not limited to the Modification and Design Review Board processes.
(Ord. 20-03 § 6; Ord. 21-07 § 4; Ord. 22-02 § 8; Ord. 22-16U § 5; Ord. 23-02 § 4; Ord. 24-01, 4/16/2024)
Accessory uses that are not permitted uses within a Zone District must comply with the requirements of this section and are allowed only when in conjunction with a principal use on the premises.
A.
Determination of Use as Accessory. Accessory uses must serve the purpose of and be incidental, subordinate, and related to the principal use, which can be demonstrated by elements, including, but not limited to:
B.
Permit Required. No permit or approval is required for accessory uses beyond what is required for the principal use(s) on the premises. However, the accessory uses must be included on any submittal for the principal use(s). In cases where the principal use requires a Conditional Use Permit, accessory uses may be further limited or even prohibited.
C.
Size. Unless otherwise allowed in this Title, the aggregate floor area of non-residential accessory uses is limited as follows:
1.
Structure or tenant space with floor area of less than 1,000 square feet: Maximum 25 percent of the structure or tenant space.
2.
Structure or tenant space with floor area of 1,000 to 3,000 square feet: Maximum 250 square feet or 15 percent of the structure or tenant space, whichever is greater.
3.
Structure or tenant space floor area of more than 3,000 square feet: Maximum 600 square feet or 10 percent of the structure or tenant space, whichever is greater.
4.
Additional square footage may be allowed pursuant to approval of a Major Conditional Use Permit.
D.
Parking. Parking for accessory uses must be provided based upon Chapter 17.38, Parking and Loading.
E.
Prohibited Uses. The following uses are prohibited from being accessory uses:
F.
Exempt Accessory Uses. Any accessory uses that are specifically defined and regulated under this Title, including, but not limited to, family day care facilities, are exempt from this section.
(Ord. 20-03 § 6; Ord. 21-07 § 4)
Adult-oriented businesses must be located, developed, and operated in compliance with the following standards, where allowed by Part II, Base Zoning District Standards and Allowed Uses:
A.
Development Standards. Adult-oriented businesses must comply with the following development and operational standards.
1.
Specific Location. Adult-oriented businesses must be located as follows:
a.
Any lot with an adult-oriented business must at least 1,000 feet from a lot containing the following uses:
b.
Adult bookstores, adult novelty stores, or adult video stores must be located on a lot at least 600 feet from any Residential “R” Zone District lot.
c.
Adult live entertainment theaters, adult motion picture or video arcades, and adult motion picture theaters must be located on a lot at least 1,000 feet from any Residential “R” Zone District lot.
2.
Hours of Operation. Adult-oriented business hours of operation are limited to the time period between 8:00 a.m. and 10:00 p.m. on Sunday, Monday, Tuesday, Wednesday and Thursday, and from 8:00 a.m. to 11:00 p.m. on Friday and Saturday.
3.
Display. No adult-oriented business may display or exhibit any material in a manner which exposes to the public view, photographs or illustrations of specified sexual activities, nude, or partially nude adults or models in poses which emphasize or direct the viewer’s attention to the subject’s genitals. Adult news racks are also subject to this limitation.
4.
Security Program. An on-site security program must be prepared and implemented as follows:
a.
Interior Lighting. All interior portions of the adult-oriented business, except those devoted to mini-motion or motion pictures, must be illuminated during all hours of operation with a lighting system that provides a minimum maintained horizontal illumination of not less than two foot-candles of light on the floor surface.
b.
Security Guards. Security guards may be required if it is determined by law enforcement that their presence is necessary.
(Ord. 20-03 § 6)
The following standards apply to the noncommercial keeping of animals.
A.
Household Pets. The keeping of small domestic household pets such as cats, dogs, and birds for residential purposes is allowed. The keeping of more than three dogs aged six months or more is subject to approval of a Minor Conditional Use Permit, pursuant to Chapter 17.57, Conditional Use Permits.
B.
Other Animals. Other Animals are allowed based on the following regulations:
1.
Horses.
a.
Residential Districts. The minimum lot size required for the keeping of horses is 20,000 square feet. No more than one horse is permitted per 20,000 square feet of lot area provided no more than five horse are permitted on any one lot.
b.
Agricultural District. Horses are permitted consistent with subsection (B)(2) below.
2.
Other Large Animals. Large animals, such mules, goats, cows, swine, or other similar size animal are only allowed in the Agriculture Zone District on parcels larger than one acre in size and not to exceed one large animal per 20,000 square feet of lot area.
3.
Small Animals. Small animals (e.g., bees, chickens, ducks, rabbits, etc.) are permitted, provided that:
a.
Such small animals are for the domestic use or enjoyment of the residents of the lot only and are not kept for commercial purposes.
b.
Keeping of such small animals is not injurious to the health, safety, or general welfare of the neighborhood and does not create offensive noise or odor as determined by the Director after advice from the County Public Health Department or the Mosquito and Vector Management District of Santa Barbara County.
4.
Enclosures. Pens, coops, cages, and other enclosures for such small animals are no closer than 20 feet to any dwelling on another lot.
C.
Prohibited Animals. No predatory wild animals, roosters, peacocks, endangered animals, or otherwise protected animals are allowed to be kept within the City.
D.
Odor and Vector Control. Animal enclosures and feed areas must be maintained free from litter, garbage, and the accumulation of waste and manure so as to prevent the proliferation of flies, other disease vectors and offensive odors. Manure must not be allowed to accumulate within setback areas.
E.
Containment. Animals must be effectively contained on site and not able to run free on any other lot under separate ownership or in a public road right-of-way.
(Ord. 20-03 § 6; Ord. 24-01, 4/16/2024)
Automobile/vehicle service and repair facilities must be located, developed, and operated in compliance with the following standards, where allowed by Part II, Base Zoning District Standards and Allowed Uses:
A.
Applicability. This section applies to all major and minor automobile/vehicle service and repair uses as well as any other uses, such as auto dealerships or service stations that perform auto servicing as an accessory use.
B.
Spray/Paint Booths. Spray booths must be fully-enclosed and separated a minimum of 500 feet from residential “R” zone districts, parks, schools, and day care facilities, unless approved with a Major Conditional Use Permit approval.
(Ord. 20-03 § 6)
Automobile/vehicle washing facilities must be located, developed, and operated in compliance with the following standards, where allowed by Part II, Base Zoning District Standards and Allowed Uses:
A.
Recycled Water. A recycled water system is required.
B.
Hours of Operation. When adjacent to a Residential “R” Zone District, the hours of operation are limited to 8:00 a.m. to 7:00 p.m., seven days a week.
(Ord. 20-03 § 6)
A.
Purpose. This section establishes standards to protect the public health, safety, and welfare, enact strong and effective regulatory and enforcement controls in compliance with State law, protect neighborhood character, and minimize potential for negative impacts on people, communities, and the environment by establishing minimum land use requirements for all cannabis activities including the cultivation, distribution, transportation, storage, manufacturing, processing, and sales.
B.
Applicability. The standards of this section apply to all cannabis uses and activities as defined in this Title. Additionally:
1.
All cannabis uses and activities shall comply with the provisions of this section, as well as all applicable State laws, regardless of whether the use existed or occurred prior to the effective date of this section.
2.
Nothing in this section is intended, nor shall it be construed, to allow persons to engage in conduct that endangers others or causes a public nuisance, or allows any use relating to personal or commercial cannabis activity that is illegal under State law.
3.
Nothing in this section is intended, nor shall it be construed, to exempt cannabis uses from compliance with all other applicable City regulations, including development standards, as well as other applicable provisions of the Goleta Municipal Code, State and local cannabis licensing requirements, or compliance with any applicable State laws.
4.
All persons operating facilities and conducting cannabis activities, as defined in this section, are subject to possible Federal prosecution, regardless of the protections provided by State or local law.
C.
Cannabis-Related Terms. If a term in this section is not defined in this Title or in other provisions of the Goleta Municipal Code, the definition shall be as in State Cannabis Laws or, in cases where a definition is not provided in State Cannabis Laws, as determined by the Director.
D.
Cannabis Personal Use Cultivation. This subsection applies only to personal use cultivation.
1.
Location. Personal use cultivation, consistent with the requirements of this subsection, is allowed all Base Zoning Districts and a Zoning Permit is not required.
2.
Standards.
a.
Cultivation is limited to six plants per private residence for adult use pursuant to California Health and Safety Code Section 11362.2, as amended. Cultivation is limited to the number of plants allowable under State Cannabis Laws for one qualified patient per private residence.
b.
Personal use cultivation is limited to indoor cultivation in a permanently affixed, fully enclosed structure.
c.
No cannabis odors shall be detectable from any place outside the residence. An odor absorbing ventilation and exhaust system must be installed if the odor generated inside the residence is detected outside the property or premises, or anywhere on adjacent property or public rights-of-way, or within another unit located within the same building as the cultivation.
d.
No exterior evidence of cultivation occurring at the property can be visible from the public right-of-way.
e.
Cultivation is limited to parcels with a residence and a full-time resident on the premises where the cultivation is occurring.
f.
Grow lights must not exceed 1,200 watts per light and are prohibited from producing a glare that interferes with other residents’ reasonable enjoyment of life or property.
g.
Cannabis plants cultivated must remain at least 12 inches below the ceiling.
h.
Cultivation shall not occur on required on-site parking areas unless that required parking is replaced in compliance with the City’s Inland and Coastal Zoning Ordinances.
i.
Cultivation shall not interfere with the primary occupancy of the building or structure, including regular use of the kitchen(s) or bathroom(s).
j.
The living plants and any cannabis produced by the plants in excess of 28.5 grams must be kept within the person’s private residence in a locked space.
k.
Generators. The use of generators for cultivation is prohibited, except for temporary use in the event of a power outage or for emergency use.
i.
For purposes of this subsection, emergency use is defined in accordance with 17 California Code of Regulations, Section 93115, as may be amended.
ii.
For purposes of this subsection, the limit on use of a generator in an emergency is 90 days. The use of CO2 or any volatile solvents to manufacture cannabis products is prohibited.
l.
Nothing in the section is intended, nor shall it be construed, to preclude any landlord from limiting or prohibiting personal cultivation by tenants.
E.
Commercial Cannabis Uses. The following standards apply to commercial cannabis uses:
1.
Outdoor Cultivation and Mixed-Light Cultivation. Outdoor cultivation and mixed-light cultivation are prohibited.
2.
All Allowed Cannabis Uses.
a.
Licenses.
i.
State Cannabis License. The permittee of a cannabis use that requires one or more of the State cannabis license types set forth in California Business and Professions Code must:
b.
Location.
i.
Measurements. Distance requirements (buffers) between parcels specified in this section must be the horizontal distance measured in a straight line between the closest property line of the first lot to the closest property line of the second lot without regard to intervening structures.
3.
Accessory Uses.
a.
For all cannabis accessory uses, the principal use must also be a cannabis use.
b.
Cannabis uses shall not have non-cannabis related accessory uses.
c.
Volatile manufacturing as an accessory use is only allowed in IG, IS, and BP.
d.
A cannabis microbusiness shall not have an accessory use and shall not be an accessory use.
e.
All accessory cannabis uses must adhere to the standards for such uses as identified in this section.
4.
Storefront Cannabis Retailer.
a.
Location.
i.
Separation. A storefront cannabis retailer shall not be located within 600 feet from another storefront cannabis retailer that was legally established before or after the adoption of this Title.
ii.
Goleta Valley Community Center. A storefront cannabis retailer shall not be located within 600 feet from the Goleta Valley Community Center property.
iii.
Schools. A storefront cannabis retailer shall not be located within 600 feet from a school providing K-12 education.
iv.
Residential. A storefront cannabis retailer shall not be located within 100 feet of a parcel within an “R” Zone District.
v.
Day Care Centers or Youth Centers. No prohibitive buffers are required from day care centers or youth centers.
b.
Limit of Businesses. A limit of six storefront cannabis retailer uses is established no more than one of which may be located in the -OTH Old Town Heritage Overlay District.
c.
On-Site Consumption Prohibited. On-site consumption is prohibited. The premises of each storefront cannabis retailer shall be visibly posted with a clear and legible notice indicating that smoking, ingesting, or otherwise consuming cannabis on the premises or in the areas adjacent to the retailer is prohibited.
d.
Drive-Through Facilities. Drive-through facilities are prohibited.
5.
Non-Storefront Cannabis Retailer. On-site consumption is prohibited. The premises of each non-storefront cannabis retailer shall be visibly posted with a clear and legible notice indicating that smoking, ingesting, or otherwise consuming cannabis on the premises or in the areas adjacent to the retailer is prohibited.
6.
Cannabis Microbusiness. No storefront retail is allowed except where a cannabis dispensary was legally located prior to June 16, 2009.
7.
Cannabis Events. Temporary events where cannabis, cannabis products, or devices for the use of cannabis or cannabis products are displayed, manufactured, offered, either individually or in any combination, for retail sale and includes delivery are prohibited.
F.
Inspection. All permitted cannabis use sites are subject to review and inspection from law enforcement, Fire Department, and the City or any agents of the State or City charged with enforcement of this Ordinance and any other State or local license.
G.
Industrial Hemp. It is unlawful for any person to engage in, conduct or carry on any commercial industrial hemp business or any commercial industrial hemp activity. This includes, but is not limited to, cultivating, manufacturing, processing, transporting, distributing, testing or selling any cannabidiol (CBD) oil derived from industrial hemp, CBD products derived from industrial hemp, industrial hemp oil that is not derived from industrial hemp seeds, industrial hemp seed oil that has been enhanced with CBD or other cannabinoids and CBD products derived from cannabis. Notwithstanding the previous sentence it shall not be unlawful to sell industrial hemp which has been approved by the California Department of Public Health-Food and Drug Branch as a food additive or dietary supplement as industrial hemp seeds and industrial hemp seed oil which is only extracted from the seeds of industrial hemp plants.
(Ord. 20-03 § 6)
Community gardens must be located, developed, and operated in compliance with the following standards, where allowed by Part II, Base Zoning District Standards and Allowed Uses:
A.
Management. Community gardens may be organized by community groups, nonprofit organizations, land owners, or the City. A responsible representative must be designated for each community garden who will serve as liaison between gardeners, property owner(s), and the City.
B.
Operational Plan. The applicant must submit an operational plan to the City that identifies roles and responsibilities, contact information, and operations of the community garden.
(Ord. 20-03 § 6)
Day care facilities, including nurseries, preschools, and facilities for children or adults, providing supervision and non-medical care for durations of less than 24 hours per day must be located, developed, and operated in compliance with the following standards:
A.
Permit Required. Day care facilities operating as the principal use on a subject parcel shall be subject to the following permit requirements unless a different requirement is required by this Title:
1.
Exempt. Day care facilities are allowed and exempt from Zoning Permits and approvals in the following districts: CC, OT. CG, BP, OI, and PQ.
2.
Minor Conditional Use Permit. Day care facilities are allowed with the approval of a Minor Conditional Use Permit in the following districts: RS, RP, RM, RH, CR, VS, and CI.
3.
Major Conditional Use Permit. Day care facilities are allowed with the approval of a Minor Conditional Use Permit in the following districts: IS and IG.
4.
Not Allowed. Day care facilities are not allowed in the following districts: RMHP, OSPR, OSAR, and AG.
B.
Accessory Use. Day care facilities operating accessory to another principal use on a subject parcel shall be exempt from the requirement for a Major Conditional Use Permit where otherwise required pursuant to Section 17.41.040(C)(4).
C.
Licensing. In addition to any State licensing requirements, all day care facilities shall require a Business License from the City.
D.
Required Parking/Loading. One designated parking space for each 10 patrons, plus one drop-off/loading space for each 10 patrons.
E.
Contact Person(s). The current name(s) and telephone number(s) of the operator(s) must be on file with the Planning and Environmental Review Department at all times.
F.
Development Impact Fees. All day care facilities shall be subject to the City’s fee reductions program for beneficial projects (day care and child care).
G.
Incentives.
1.
Director. The Director may grant the following incentive to developers for constructing and operating a day care facility.
a.
Processing. Priority processing of applications for day care facilities will be provided.
2.
All Review Authorities. The Review Authority may grant one or more of the following incentives to developers for constructing and operating a day care facility.
(Ord. 20-03 § 6)
Where eating and drinking establishments include outdoor dining and seating facilities, these facilities must be located, developed, and operated in compliance with the following standards:
A.
Applicability. The standards of this section apply to outdoor dining and seating located on private property and in the right-of-way. Outdoor dining and seating located within the public right-of-way is subject to an Encroachment Permit issued by the Public Works Department prior to its establishment and operation.
B.
Enclosure. Any awnings or umbrellas must be adequately secured and/or retractable.
C.
Pedestrian Pathway. A four-foot pedestrian pathway must be maintained and unobstructed. If there is more than a four-foot-wide pathway provided, outdoor dining may be located outside of the required four feet.
D.
Litter Removal. Outdoor dining and seating areas must remain clear of litter at all times.
E.
Hours of Operation. The hours of operation for outdoor dining are limited to the permitted hours of operation of the associated eating and drinking establishment.
F.
Parking. Where an outdoor dining and seating area occupies 200 square feet or less, additional parking spaces for the associated eating and drinking establishment are not required. Parking must be provided according to the required ratio in Chapter 17.38, Parking and Loading, for any outdoor dining and seating area exceeding 200 square feet.
(Ord. 20-03 § 6)
Emergency shelters must be located, developed, and operated in compliance with the following standards where allowed by Part II, Base Zoning District Standards and Allowed Uses:
A.
Permit Required. Unless Discretionary Approval of a Conditional Use Permit is required pursuant to Table 17.08.020, a Land Use Permit is required where emergency shelters are allowed.
B.
Proximity. No emergency shelter is permitted within 300 feet of a site with an operating emergency shelter.
C.
Number of Residents. Not more than 25 persons may be served on a nightly basis. A shelter operator may request a higher capacity with Discretionary Approval of a Minor Conditional Use Permit by demonstrating that the combined shelter capacity in the City is less than the most recent homeless census.
D.
Length of Stay. Maximum length of stay of a person in an emergency shelter is limited to 180 days in any 12-month period.
E.
Management. Each emergency shelter must have an on-site management office, with at least one staff member on duty at all times the emergency shelter is in operation. A minimum of two staff members must be on duty when more than 10 beds are occupied.
F.
Security. If required by law enforcement, an emergency shelter must have on-site security staff, with at least one security staff present at all times the emergency shelter is in operation.
G.
Site Design. Client waiting, intake, and pick-up areas must be located inside a building or interior courtyard, or at a rear or side entrance.
(Ord. 20-03 § 6; Ord. 23-05 § 4)
A.
Applicability. The following standards shall apply to all family day care facilities providing childcare and operating as an accessory use to the principal residential use of a lot, unless otherwise preempted by State law:
1.
Permit Required. No permit is required for family day care facilities.
2.
Residency. The operator of a family day care must be a full-time resident of the dwelling unit in which the facility is located.
3.
Development Impact Fees. Family day care facilities are not subject to development impact fees pursuant to Chapter 17.70.
4.
Licensing. A family day care facility must obtain a State license, but shall not require a Business License from the City.
B.
Small Family Day Care. Small family day care facilities must be located, developed, and operated in compliance with the following, where allowed by Part II, Base Zoning District Standards and Allowed Uses, unless otherwise preempted by State law:
1.
Number. A small family day care facility may provide care for more than six and up to eight children, as defined in California Health and Safety Code Section 1597.44.
C.
Large Family Day Care. Large family day care must be located, developed, and operated in compliance with the following standards, where allowed by Part II, Base Zoning District Standards and Allowed Uses, unless otherwise preempted by State law:
1.
Number. A large family day care facility may provide care for more than 12 children and up to and including 14 children, as defined in California Health and Safety Code Section 1597.465.
(Ord. 20-03 § 6)
Farmworker housing must be located, developed, and operated in compliance with the following standards, where allowed by Part II, Base Zoning District Standards and Allowed Uses:
A.
Location. In Residential Districts, farmworker housing providing accommodations for six or fewer employees is a single-unit use subject only to those standards and permit procedures as they apply to other residential dwellings of the same type in the same zoning district.
B.
Operation Permit. Before commencement of the use, the applicant must have a valid permit to operate from the California Department of Housing and Community Development (HCD).
C.
Deed Restriction. Farmworker housing must be deed restricted or otherwise restricted for occupancy to qualifying farmworker households.
(Ord. 20-03 § 6)
Group residential facilities must be located, developed, and operated in compliance with the following standards, where allowed by Part II, Base Zoning District Standards and Allowed Uses:
A.
Proximity. No new group residential is permitted within 300 feet of a site with an operating group residential facility.
B.
Minimum Lot Area. The minimum lot area is 12,000 square feet.
(Ord. 20-03 § 6)
Home occupations must be located, developed, and operated in compliance with the following standards, where allowed by Part II, Base Zoning District Standards and Allowed Uses:
A.
Applicability. This section applies to home occupations in any residential unit in the City regardless of the zone district designation. This section does not apply to family day care, which is regulated separately in Section 17.41.140, Standards for Specific Uses and Activities—Family Day Care.
B.
Permit Required. A Zoning Clearance is required for home occupations where clients or customers are served on site. If no clients or customers are served on site, no permit is required.
C.
Residential Appearance. The residential appearance of the dwelling unit within which the home occupation is conducted must be maintained.
1.
Location. All home occupation activities must be conducted entirely within the dwelling unit and/or an associated garage or accessory structure(s) on the same lot, subject to applicable provisions for garage parking.
2.
Maximum Size. The space exclusively devoted to the home occupation (including any associated storage) must not exceed 25 percent of the combined floor area of the dwelling unit, accessory structure(s), and available garage not used for parking.
3.
Employees. One employee or independent contractor other than residents of the dwelling may be permitted to work at the location of a home occupation.
4.
On-Site Client Contact. Customer and client visits are permitted; however, the home occupation shall not generate pedestrian or vehicular traffic in excess of that customarily associated with the zone district in which the use is located.
5.
Employee/Client Parking.
a.
Customers, clients, and/or employees must park on site. If the site cannot accommodate an on-site parking space, they may park directly on the street adjacent to and in close proximity to the home.
b.
Parking required for customers/clients/employees may be provided on site in a tandem configuration.
6.
Hours of Operation. Employees, visitors, students, and/or clients are permitted between the hours of 8:00 a.m. to 9:00 p.m.
7.
Vehicles. Only one vehicle, owned by the operator of the home occupation, and not to exceed one ton in capacity, may be used by the operator in conjunction with the home occupation.
8.
Signage. No commercial signage for the home occupation is allowed on site.
9.
Hazardous Materials. Activities conducted, and equipment or materials used, must not change the fire safety or occupancy classifications of the premises, nor use utilities different from those normally provided for residential use. There must be no storage or use of toxic or hazardous materials other than the types and quantities customarily found in connection with a dwelling unit.
10.
Nuisances. A home occupation must 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 on adjacent lots or in neighboring units in a multipleunit building.
D.
Multiple Home Occupations. Multiple home occupations in a dwelling are allowed provided the space exclusively devoted to the home occupations, including any associated storage, complies with all other provisions in this section.
(Ord. 20-03 § 6)
Live/work units must be located, developed, and operated in compliance with the following standards, where allowed by Part II, Base Zoning District Standards and Allowed Uses, of this Title:
A.
Permit Required. Where allowed, a Land Use Permit is required.
B.
Nonresidential Uses. Work activities in live/work units are limited to uses that are permitted outright or allowed with a Land Use Permit or Conditional Use Permit within the zone district the units are located in.
C.
Sale or Rental of Live or Work Portions of Unit. No portion of a live/work unit may be separately rented or sold as a commercial space for a person or persons not living on the premises, or as a residential space for a person or persons not working on the premises.
D.
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.
E.
Outdoor Living Area. Common or private outdoor living area must be provided for the use of occupants at a rate of at least 60 square feet per live/work unit. This space may be attached to individual units or located on the roof or adjoining the building in a yard.
(Ord. 20-03 § 6; Ord. 22-06 § 4; Ord. 23-05 § 4)
Mobile vendors are neither regulated nor prohibited by this Title.
(Ord. 20-03 § 6)
Outdoor sales facilities must be located, developed, and operated in compliance with the following:
A.
Permit Required. Where permissible, seasonal and temporary sales, such as Christmas tree and pumpkin lots, are subject to Section 17.41.260, Standards for Specific Uses and Activities—Temporary Uses.
B.
Permanent Outdoor Display and Sales. The permanent outdoor display of merchandise must comply with the following standards:
1.
Relationship to Main Use. The outdoor display and sales area must be directly related to a business occupying a primary structure on the subject parcel.
2.
Display Locations.
a.
Outdoor sales or display located within the public road right-of-way is subject to an Encroachment Permit issued by the Public Works Department.
b.
The displayed merchandise must not disrupt the vehicle, bicycle, and pedestrian circulation on the site, obstruct driver or rider visibility or otherwise create hazards for vehicles, bicyclists, or pedestrians.
c.
Except for automobile/vehicle sales and leasing, a four-foot pedestrian pathway must be maintained and remain unobstructed by either merchandise or displays. If there is more than a four-foot-wide pathway provided, merchandise may be displayed in an area outside of the required four feet.
3.
Allowable Merchandise. Only merchandise generally sold at the business is permitted to be displayed outdoors.
4.
Refuse/Litter. The operator is responsible for collecting all trash created from outdoor sales operations.
5.
Monitoring. All outdoor sales locations must be monitored by store personnel.
(Ord. 20-03 § 6)
Personal storage facilities must be located, developed, and operated in compliance with the following standards, where allowed by Part II, Base Zoning District Standards and Allowed Uses:
A.
Prohibited Activity. No living plants, animals, or persons may be kept in a personal storage unit. No retail sales, repair, or other commercial use may be conducted out of a personal storage unit. No live music or noise amplification is allowed.
B.
No Hazardous Materials Storage. No storage of hazardous materials is permitted.
C.
Notice to Tenants. As part of the rental process, the facility manager must inform all tenants of conditions restricting storage of hazardous materials and use limitations of the storage units, including no habitation. These restrictions must be included in rental contracts and posted at a conspicuous location within the front of each rental unit.
D.
Open Storage. Open storage, outside an enclosed building, is limited to vehicles and trailers with a valid registration which are screened from public view.
E.
Hours of Operation. Hours of operation are limited to 7:00 a.m. to 7:00 p.m. if the facility abuts a Residential Zone District.
(Ord. 20-03 § 6)
Residential care facilities must be located, developed, and operated in compliance with the following standards, where allowed by Part II, Base Zoning District Standards and Allowed Uses:
A.
Small Residential Care Facilities. There are no City-specific standards for small residential care facilities.
B.
Large Residential Care Facilities.
(Ord. 20-03 § 6; Ord. 22-06 § 4)
Service and gas stations must be located, developed, and operated in compliance with the following standards, where allowed by Part II, Base Zoning District Standards and Allowed Uses:
A.
Site Design.
1.
Designs must incorporate landscaping and screen walls to screen vehicles while allowing eyelevel visibility into the site. Fleet fuel stations in industrial zoning districts are exempt from this requirement.
2.
Propane tanks, vapor-recovery systems, air compressors, utility boxes, garbage, recycling containers/enclosures, and other similar mechanical equipment must be screened from public view, where feasible.
B.
Air and Water Stations. Air and water stations must be identified on site plans and located outside required setback areas.
C.
Pump Islands. Pump islands must be located a minimum of 15 feet from any lot line to the nearest edge of the pump island. A canopy or roof structure over a pump island may encroach up to 10 feet within this distance.
(Ord. 20-03 § 6)
A property owner may only rent, offer to rent, or advertise for rent, a short-term vacation rental to another person in compliance with Chapter 5.08 of the Goleta Municipal Code.
A.
License Required. No Zoning Permit is required for short-term vacation rentals. However, a City Short-Term Vacation Rental License is required from the City Finance Director.
(Ord. 20-03 § 6; Ord. 24-01, 4/16/2024)
Single-room occupancy (SRO) housing must be located, developed, and operated in compliance with the following standards, where allowed by Part II, Base Zoning District Standards and Allowed Uses.
A.
Residential Density. If SRO housing contains a common kitchen that serves all residents, the Review Authority may increase the maximum allowable number of individual units available for rent by 20 percent above the number otherwise allowed by the base density applicable to residential development in the zoning district where the project is located.
B.
Design.
1.
Maximum Occupancy. Each living unit must be designed to accommodate a maximum of two persons.
2.
Minimum Width. A unit comprised of one room, not including a bathroom, must not be less than 12 feet in width, and must comply with applicable State Health and Safety Code minimum size requirements.
3.
Entrances. All units must be independently accessible from a single main entry, excluding emergency and other service support exits.
4.
Cooking Facilities. Cooking facilities must be provided either in individual units or in a community kitchen. Where cooking is in individual units, each unit must have a sink with hot and cold water; a counter with dedicated electrical outlets and a microwave oven or a properly engineered cook top unit pursuant to Building Code requirements; at minimum a small refrigerator; and cabinets for storage.
5.
Bathroom. A unit is not required to, but may contain partial or full bathroom facilities. A partial bathroom facility must have at least a toilet and sink. If a full bathroom facility is not provided, common bathroom facilities must be provided that meet the standards of the California Building Code for congregate residences with at least one full bathroom per floor.
6.
Closet. Each unit must have a separate closet.
7.
Common Area. At least 200 square feet in area of interior common space must be on the ground floor near the entry to serve as a central focus for tenant social interaction and meetings.
C.
Tenancy. Tenancy of SRO Housing is limited to 30 or more days.
D.
Management Plan. A management plan must be submitted with the permit application for an SRO Housing for review and approval by the Review Authority. At minimum, the management plan must include the following:
1.
Security/Safety. Proposed security and safety features such as lighting, security cameras, access, and natural surveillance through design that maximizes visibility of spaces;
2.
Management Policies. Management policies, including desk service, visitation rights, occupancy restrictions, and use of cooking appliances;
3.
Rental Procedures. All rental procedures, including the monthly tenancy requirement;
4.
Staffing and Services. Information regarding all support services, such as job referral and social programs; and
5.
Maintenance. Maintenance provisions, including sidewalk cleaning and litter control, recycling programs, general upkeep, and the use of durable materials.
(Ord. 20-03 § 6)
This section establishes standards for certain uses that are intended to be of a limited duration of time and will not permanently alter the character or physical features of the site where they occur.
A.
Exempt Temporary Uses. The following minor and limited duration temporary uses are exempt from the permit requirements of this section. Other permits, such as Building Permits, may be required.
1.
Car Washes. Car washes conducted by a qualifying sponsoring organization on non-residential properties. Sponsorship is limited to educational, fraternal, religious, or service organizations directly engaged in civic or charitable efforts, or to tax exempt organizations in compliance with Section 501(c) of the U.S. Internal Revenue Service Code. Temporary car washes may not occur on a site more than one time per month and may not operate for a continuous period of more than 12 hours or more than 16 hours in any two-day period.
2.
Emergency Activities. Emergency public health and safety activities.
3.
Garage Sales. Garage sales of personal property conducted by a resident of the premises and occurring during daylight hours and no more often than four times within any 12-month period per residence and for a maximum of three consecutive days each.
4.
On-Site Construction Yards. On-site contractors’ construction yards, including temporary trailers and storage of equipment, in conjunction with an approved construction project on the same site. The construction yard must be removed immediately upon completion of the construction project, or the expiration of the companion Building Permit authorizing the construction, whichever occurs first.
5.
Temporary Real Estate Sales Office. A temporary real estate sales office within the area of an approved development project, solely for the first sale of units, approved as part of the overall project.
7.
Parades, Assemblies, and Special Events. The temporary use of a site for a parade, assembly, or other special event if a Special Event Permit is obtained pursuant to Chapter 12.07 of the Goleta Municipal Code.
8.
Seasonal Youth Leagues. The continued use of active recreation facilities for the purposes they were designed and permitted, including year-end tournaments attended by fewer than 500 persons.
B.
Temporary Use Permit Required. The following uses may be permitted pursuant to Chapter 17.56, Temporary Use Permits, subject to the following standards. Additional or more stringent requirements may be established through the Temporary Use Permit process in order to prevent the use from becoming a nuisance with regard to the surrounding neighborhood or the City as a whole.
1.
Special Events and Temporary Sales. Short term special events, outdoor sales, and displays that do not exceed five consecutive days, may be permitted in accordance with the following standards:
a.
Location. Events are limited to non-residential zone districts.
b.
Number of Events. No more than four events at one site are allowed within any 12-month period. Additional event may be allowed pursuant to a Minor Conditional Use Permit approval in accordance with subsection C.
c.
Time Limit. When located adjacent to a Residential Zone District, the hours of operation are limited to 8:00 a.m. to 9:00 p.m.
2.
Temporary Outdoor Sales. Temporary outdoor sales, including, but not limited to, grand opening events, and other special sales events, may be permitted in accordance with the following standards:
a.
Temporary outdoor sales must be part of an existing business on the same site.
b.
Outdoor display and sales areas must be located on a paved or concrete area on the same lot as the structure(s) containing the business with which the temporary sale is associated.
c.
Location of the displayed merchandise must not disrupt the normal circulation of the site, nor encroach upon driveways, bicycle paths, pedestrian walkways, or required landscaped areas, or obstruct sight distances or otherwise create hazards for vehicle, bicycle, or pedestrian traffic.
3.
Temporary Seasonal Sales. Seasonal sales of holiday related items, such as pumpkins and Christmas trees, for a period not longer than 45 days in a non-residential zone district.
4.
Temporary Off-Site Construction Yards. Off-site contractor construction yards, in conjunction with an approved construction project. Upon expiration of the Temporary Use Permit, the construction yard must be immediately removed.
5.
Temporary Real Estate Sales. On-site real estate sales from a manufactured or mobile unit office for the temporary marketing, sales, or rental of residential, commercial, or industrial development if not approved as part of an overall project.
6.
Temporary Residence. A manufactured or mobile home used as a temporary residence of the property owner when a Building Permit for a new single-unit dwelling has been approved but occupancy has not yet been granted, or for temporary caretaker quarters during the construction of a subdivision, multi-family, or non-residential project.
7.
Temporary Structure. A temporary classroom, office, or similar portable structure, including a manufactured or mobile unit, may be approved, for a maximum of 12 months. The structure may be used as an accessory use or as the first phase of a development project in a non-residential zone district.
8.
9.
Similar Temporary Uses. Similar temporary uses which, at the discretion of the Director, are determined to be compatible with the zone district and surrounding land uses and are necessary because of unusual or unique circumstances beyond the control of the applicant.
10.
Large Outdoor Gatherings. The use of active recreation facilities for the purposes they were designed and permitted, which are attended by 500 or more persons.
C.
Minor Conditional Use Permit Required. Review and approval of a Minor Conditional Use Permit is required for temporary uses as follows:
1.
Uses.
a.
Any temporary use the Director determines to have substantial and detrimental impacts to surrounding properties, such as noise or traffic impacts.
b.
Any temporary use where occurrences of the temporary use occur over a period greater than 12 months.
c.
Any other temporary use not identified as being exempt or as requiring a Temporary Use Permit.
(Ord. 20-03 § 6; Ord. 21-05 § 3)
This section provides procedures for the review of hydrogen fueling stations where the Building Official finds that the hydrogen fueling station could have a specific adverse impact upon the public health or safety.
A.
Exempt. Where the Building Official does not make a finding that the hydrogen fueling station could have a specific adverse impact upon the public health or safety, the hydrogen fueling station is exempt from all standards and requirements of this Title.
B.
Permit Required. Where the Building Official makes a finding that the hydrogen fueling station could have a specific adverse impact upon the public health or safety, issuance of a Land Use Permit is required.
C.
Location. The hydrogen fueling station must be on a parcel that satisfies either of the following:
1.
The parcel is zoned for industrial or commercial development and does not contain any residential units; or
2.
The parcel was previously developed with service station. For purposes of this subsection, “service station” means any establishment which offers for sale or sells gasoline or other motor vehicle fuel to the public.
D.
Standards. Hydrogen fueling stations shall meet all of the following, as applicable:
1.
Health and safety standards and requirements imposed by State and local permitting authorities.
2.
Safety and performance standards established by the Society of Automotive Engineers and accredited nationally recognized testing laboratories.
3.
Any rules established by the State Air Resources Board, Energy Commission, or Department of Food and Agriculture regarding safety, reliability, weights, and measures.
4.
Guidance established by the Governor’s Office of Business and Economic Development, as outlined in the Hydrogen Station Permitting Guidebook.
E.
Finding for Approval. The Director shall issue a Land Use Permit for a hydrogen fueling station if the following findings can be made:
1.
The proposed hydrogen fueling station installation would not have a specific, adverse impact upon the public health or safety.
2.
The proposed hydrogen fueling station meets the standards of this section.
No additional findings are required for a hydrogen fueling stations, notwithstanding any other provisions of this Title.
F.
Finding for Denial. If the Director denies the project based on a finding in subsection E above, the denial shall include a finding by the Building Official that there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact and the basis for the rejection of potential feasible alternatives of preventing the adverse impact.
(Ord. 23-05 § 4)
Low barrier navigation centers must be located, developed, and operated in compliance with the following:
A.
Zone Districts. Low barrier navigation centers are allowed in zone districts that allow mixed-use residential development and any non-residential zone district that allows multi-unit dwellings.
B.
Permit Required. A Land Use Permit is required.
C.
Use Requirements. The low barrier navigation center shall:
1.
Offer services to connect people to permanent housing through a services plan that identifies services staffing.
2.
Be linked to a coordinated entry system, so that staff in the interim facility or staff who co-locate in the facility may conduct assessments and provide services to connect people to permanent housing.
3.
Comply with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.
4.
Have a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.
D.
Processing Timelines. Within 30 days of receipt of an application for a low barrier navigation center, the City shall notify the applicant whether the application is complete pursuant to Government Code Section 65943. Within 60 days of receipt of a completed application for a low barrier navigation center, the City shall act upon its review of the application.
(Ord. 23-05 § 4)
Supportive housing must be located, developed, and operated in compliance with the following:
A.
General Application of Standards and Procedures. Supportive housing is subject only to those standards and permit procedures as they apply to other residential dwellings of the same type (use) in the same zone.
B.
Ministerial Processing. Notwithstanding subsection A above, if the requirements of Government Code Section 65651(a) are met, the following processing requirements apply:
1.
Conversion of Existing Development. Supportive housing that is converted from an existing use in zone districts that allow multiple-dwelling units, including as part of mixed-use developments, a Land Use Permit is required.
C.
Supportive Services Plan Required. An applicant for a supportive housing use subject to this section shall provide the City with a plan for providing supportive services, with documentation demonstrating that supportive services will be provided onsite to residents in the project, as required by Government Code Section 65651, and describing those services, which shall include all of the following:
D.
Parking Exception. No parking is required for units occupied by supportive housing residents if the development is located within one-half mile of a public transit stop. Off-street parking for other units shall comply with the parking requirements for other residential dwellings of the same type (use) in Table 17.38.040(A).
E.
Processing Timelines. The City shall notify the applicant whether their supporting housing use application is complete within 30 days of receipt of an application to develop supportive housing in accordance with this section. The City shall complete its review of the application within 60 days after the application is complete for a project with 50 or fewer units, or within 120 days after the application is complete for a project with more than 50 units.
F.
Reduction in Residents. Notwithstanding any other provision of this section, the City shall, at the request of the project owner, reduce the number of residents required to live in supportive housing if the project-based rental assistance or operating subsidy for the supportive housing project is terminated through no fault of the project owner, but only if all of the following conditions have been met:
1.
The owner demonstrates that it has made good faith efforts to find other sources of financial support.
2.
Any change in the number of supportive service units is restricted to the minimum necessary to maintain project’s financial feasibility.
3.
Any change to the occupancy of the supportive housing units is made in a manner that minimizes tenant disruption and only upon the vacancy of any supportive housing units.
(Ord. 23-05 § 4)
