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)
