A. 
Purpose. This chapter expands upon the zoning standards of Chapters 5 through 10 by addressing additional details of site planning, project design, and the operation of land uses. The intent of these standards is to ensure that proposed development is compatible with existing and future development on neighboring properties, and produces an environment of desirable character, consistent with the general plan.
B. 
Applicability. The requirements of this chapter shall apply to all proposed development and new land uses, except as specified in Chapter 17 (Nonconforming Structures and Uses), and shall be considered in combination with the standards for the applicable zone in Chapters 5 through 9 and those in Chapter 12 (Supplemental Regulations). If there is a conflict between any standards, the provisions of Chapter 11 control over Chapters 5 through 9, and the provisions of Chapter 12 control over Chapters 5 through 9 and 11.
(Ord. 24-0378, 12/9/2024)
A. 
All available measures, including, but not limited to, purchase of the site, tax relief, purchase of development rights, etc., shall be explored to avoid development on historical sites or structures, prehistoric, archaeological and other classes of cultural sites.
B. 
When developments are proposed for parcels where archaeological, historical sites or structures, or other cultural sites are located, project design shall be required which avoids impacts to such cultural sites if possible.
C. 
When sufficient planning flexibility does not permit avoiding construction on archaeological, historical sites or structures, or other types of cultural sites, adequate mitigation shall be required. Mitigation shall be designed in accord with guidelines of the State Office of Historic Preservation and the State Native American Heritage Commission.
D. 
Native Americans Tribes, or the most likely descent as identified by the State of California Native American Heritage Commission shall be consulted when development proposals are submitted which impact significant archaeological sites, historical sites or structures, or cultural sites.
(Ord. 24-0378, 12/9/2024)
All exterior lighting shall be used to illuminate areas to provide nighttime safety and security while conserving energy, protecting the night sky, minimizing glare and light trespass, and shall not be directed toward any area zoned or developed for residential, mixed use or lodging uses. Architecturally attractive exterior lighting will protect the beauty of Solvang's natural setting, and enhance its Danish/Northern European architecture and small town character.
A. 
All exterior lighting fixtures shall be fully shielded (full cutoff), except in the interest of safety. Light fixtures shall be positioned to prevent distribution of light above the horizontal plane of the highest point of a structure. Pole height and fixtures shall be appropriately scaled for site and use. Closer spacing and/or lower lumen lamps may be required.
1. 
Exterior lighting shall be architecturally compatible with the character of the city and its neighborhoods and in scale with pedestrians and architecture. Old world lantern style fixtures shall be used in the Design District 1 Overlay zone (DD-1), as approved by the review authority, except when outside agencies have jurisdiction (e.g., CalTrans).
2. 
Motion detection sensors and/or timers are recommended to keep lights off when not needed.
3. 
Year round low lumen lights (strings) illuminating buildings, architectural features, trees and other permanent landscape feature lighting in the city's village area shall be exempt from the requirements of this subsection.
4. 
Temporary lights used for holiday decoration shall be exempt from the requirements of this subsection.
B. 
Lighting shall be designed so as not to interfere with vehicular traffic on any portion of a street.
C. 
Lighting shall conform to permit requirements.
D. 
The review authority shall review proposed lighting pursuant to the requirements of this zoning code.
E. 
In the absence of clear direction, the planning manager is charged to make a final determination as to what constitutes appropriate exterior lighting.
(Ord. 24-0378, 12/9/2024)
In all zones, fences and walls of six feet or less and gateposts of eight feet or less in height are not considered structures, and may be located in the required front, side or rear yard except that corner lots must meet the vision clearance requirements in section 11-11-10.
A. 
A maximum of 10% of the total linear length of a wall or fence may be allowed to exceed six feet in height without requiring a conditional use permit, where topographic or other unavoidable conditions will destroy its architectural integrity if held to six feet in height for its entire length.
B. 
In all zones, fences and walls of more than six feet and gateposts of more than eight feet in height may be permitted in the required front, side or rear yard only under a conditional use permit as provided in section 11-16-6 of this zoning code.
C. 
The height of walls, fences or gateposts shall be determined by measurement from the natural grade at the lower side of the fence, wall or gatepost.
(Ord. 24-0378, 12/9/2024)
The intent of the flood hazard development standards is to avoid exposing new developments to flood hazards and to reduce the need for future flood control protective works and resulting alteration of stream and wetland environments by regulating development within the Federal Emergency Management Agency (FEMA) designated floodplains.
A. 
All development, including construction, excavation and grading, except for flood control projects and nonstructural agricultural uses, shall be prohibited in the floodway, as determined by the city engineer and county flood control, unless off-setting improvements in accordance with federal and state regulations are provided. If the proposed development falls within the floodway fringe, development may be permitted, provided creek setback requirements are met and finish floor elevations are above the projected flood elevation as specified in the federal flood insurance rate maps (FIRM).
B. 
Permitted development shall not cause or contribute to additional flood hazards.
(Ord. 24-0378, 12/9/2024)
A. 
Measurement of Building or Structure Height. The allowable height shall be measured as the vertical distance from the average level of the highest and lowest point, measured from natural grade within the building pad area to the topmost portion of the building or structure including structural framing and roof covering material. Continuous decorative roof elements, railings, and other elements shall be included in the maximum building height.
B. 
Definition of Measurement of Heights.
1. 
Natural grade shall mean the original condition of the ground surface as it existed prior to mechanical grading or disturbance. Where the original condition of the ground surface cannot be determined, a topographic survey of the property shall be prepared by a registered civil engineer or licensed land surveyor indicating the approximate original condition of the ground surface of the site as can best be determined from record and survey data.
2. 
Average natural grade shall mean the average elevation of the natural grade based upon 12 points of measure along the perimeter of the building prior to any cut and fill. Each point of measure shall be located first, at every corner of the building and second, every 30 feet along continuous walls with lengths over 50 feet.
3. 
A "corner" shall mean a change in the wall plane of 30 degrees or more. However, if a building has more than 12 corners, then each corner shall be a point of measure regardless of the 12-point requirement. The points shall be determined by starting at the most northerly corner of the building or structure as determined by magnetic north then moving clockwise around the building or structure.
C. 
Calculation Formula. The following formula shall be utilized for calculating Average Natural Grade: (Elevation of point A + Elevation of point B) ÷ the number of points = Average Natural Grade.
D. 
Requirement to Provide Calculations. For projects requiring a building permit, the following shall be provided:
1. 
Plans shall include the calculations determining the average natural grade for the property, including the locations and elevations of the natural grade elevation points around the perimeter of the building footprint.
2. 
Certification by the applicant's design professional that the topographic map accompanying the building permit shows natural grade as defined in this section.
3. 
A certification by the applicant's civil engineer or licensed land surveyor that, at the time of the roof framing inspection, the height of the building does not exceed the allowable height as specified in this section. Such certification shall be accompanied by survey notes or other similar data to permit verification of the calculations by a third party.
E. 
Height Measurements for Basements. When a building includes a basement, as defined in this code, the height of the building shall be measured as described in subsection A of this section. Where a home with a basement includes a lightwell, stairwell, driveway access, or other excavated feature, the height shall be measured from that point on the building where the natural grade would be if the lightwell or other excavated feature were not developed.
F. 
Exceptions to Height Limitations.
1. 
Architectural features. A steeple, tower, cupola, monument, or similar unoccupied architectural feature may exceed the height limit by up to five feet subject to review authority approval. Architectural features that exceed the height limit and are greater than five feet require conditional use permit approval.
2. 
Chimney or Vent. A chimney or vent may exceed the maximum height of the applicable zone if required to meet Building Code requirements.
3. 
Mechanical Equipment. Rooftop mechanical equipment and related architectural screening may exceed the height limit by up to five feet, subject to review authority approval.
4. 
Elevator Shaft or Stairway. An elevator or stairway to a rooftop deck/upper story open space that is no more than 100 square feet in area and set back from any building edge by at least five feet may exceed the maximum height limit by up to eight feet subject to approval of the review authority.
5. 
Telecommunications Facilities. The height of telecommunications facilities, including antennas, poles, towers, and necessary mechanical appurtenances shall comply with Chapter 18 of the zoning code.
(Ord. 24-0378, 12/9/2024)
A. 
In zones designated as park and/or open space on the zoning map, the height, scale and design of structures shall be compatible with the character of the surrounding natural environment, except where technical requirements dictate otherwise. Structures shall be subordinate in appearance to natural landforms, shall be designed to follow the natural contours of the landscape, and shall be sited so as to not intrude into the skyline as seen from public viewing places.
B. 
Hillside development shall be designed in such a manner as to maintain the natural visual character of the hillsides by integrating architecture and landscaping into the hillside setting; minimize grading impacts; architecturally integrating any structures within the prominent ridge lines; encourage the contouring of manufactured slopes to blend with natural slopes; encourage the use of innovative designs which adapt to the natural topography; encourage the blending of colors and materials with the hillside environment; and provide for the planting of slopes with appropriate vegetation.
(Ord. 24-0378, 12/9/2024)
A. 
Hours of Construction. Hours of construction shall be limited to 7:30 a.m. to 5:30 p.m. weekdays. No construction shall be allowed on Saturday, Sunday, or state or national holidays except as approved in writing by the planning manager, or their designee, or in the case of an emergency for the immediate preservation of life, health, or property.
B. 
Construction by Individual Property Owner/Tenant. Notwithstanding the subsection A, an individual property owner or tenant alone (not including any volunteer or paid construction crew), in addition to the above permissible hours of construction, may also construct, repair, or remodel his or her real property or any structure on such property, pursuant to obtaining the required permits, during the hours of 5:30 p.m. to 8:00 p.m. on weekdays and 8:00 a.m. to 8:00 p.m. on Saturday, Sunday and state and national holidays.
C. 
Effect Beyond Property Line. All noise or sounds associated with the construction, gardening and/or maintenance activities of said property shall not create any inconvenience or annoyance to the general public beyond the boundary lines of the property, whether completed by the owner, tenant, or property caretaker.
(Ord. 24-0378, 12/9/2024)
A. 
Minimum Landscape Coverage. All projects shall meet the minimum landscape coverage for lot areas established in Chapters 5 through 9.
B. 
Determination of Landscape Coverage Area.
1. 
Location. Landscaped areas shall be prioritized within required front and street side setback areas and in other areas visible from the public right-of-way.
2. 
Plant Material. Landscaped areas shall primarily consist of grass, annuals, perennials, groundcover, shrubs, trees, and other living vegetation.
3. 
Non-Plant Material. Landscape coverage areas may include permeable or pervious non-plant materials including: gravel, inorganic and organic mulches, modular paving units set on sand, embellished permeable pavers, and decks as approved by the city engineer.
C. 
Requirements for Plant Materials.
1. 
Size at Time of Planting. Plant materials shall be sized and spaced to achieve immediate effect and shall not be less than a 15-gallon container for trees and one-gallon container for shrubs, perennials, vines, and mass planting, unless otherwise approved by the review authority on the basis that the alternate size will achieve the desired immediate and/or long-term effect equally well.
2. 
Trees. Tree planting shall comply with the following standards.
a. 
Trees in landscape planters less than 10 feet in width or located closer than five feet from a permanent structure shall be planted with root barriers or root barrier panels to prevent damage to adjacent structures or pavement as approved by the city engineer.
b. 
Street trees in nonresidential zones shall be a minimum of 24-inch box size and provided along all public frontages.
c. 
Street trees in residential zones shall be a minimum of 15-gallon size and provided along all public and private street frontages.
3. 
Groundcover shall be provided throughout the landscaped area and shall be spaced to achieve full coverage within one year.
4. 
Use of turf (grass) is discouraged in commercial and industrial zones.
5. 
Landscaped areas, other than lawn or groundcover, shall be top dressed with a bark chip mulch or approved alternative to avoid exposed bare soil.
D. 
Maintenance of Landscape Areas.
1. 
All landscaping (e.g., ground cover, hedges, shrubs, and trees) shall be maintained at all times. This section may be waived if the city is in a state or city-mandated drought water emergency.
2. 
Irrigation systems and their components shall be maintained in a fully functional manner.
3. 
Landscaping shall be kept clean and free of debris, litter, and weeds.
4. 
All dead or decaying material shall be replaced with new material within 30 days of notice by the department.
5. 
All fences and walls which have been incorporated into an approved landscaping plan shall be regularly maintained.
(Ord. 24-0378, 12/9/2024)
A. 
General Setback Regulations.
1. 
Every part of a setback shall be unobstructed from the ground to the sky, except as otherwise provided in this zoning code and except for the ordinary projection of sills, buttresses, cornices, chimneys, eaves and ornamental features but in no case shall such projections exceed three feet. This subsection does not apply to accessory structures in residential zones placed in the side-yard or rear-yard in compliance with the requirements of section 11-12-2.
2. 
Fire escapes, balconies and unroofed and unenclosed porches, stairways, or landings may extend into the front or rear yard setback four feet and into a side yard setback three feet when constructed and placed as not to obstruct light or ventilation of buildings or ready use of said yards for ingress or egress.
3. 
In any area where a building can be legally constructed on or closely adjacent to the right-of-way line of a public street, eaves and roof overhangs, sills, belt courses, fire escapes, balconies and unroofed and unenclosed porches may project into a street right-of-way no more than 30 inches; provided that all such encroachments shall be at least eight feet above any area used by pedestrians, and at least 14 feet above any area used for vehicular traffic; and provided further, an encroachment permit is issued for such projections.
B. 
Through, Corner, Interior and Odd Shaped Lots.
1. 
Through Lots. The side yard setbacks shall extend the full depth of the lot between the street lines and there shall be two front yard setbacks for the purpose of computing setbacks.
2. 
Odd Shaped Lots. In the case of odd shaped lots, the planning manager shall determine the required setbacks, which widths and depths shall approximate as closely as possible the required widths and depths of corresponding setbacks on rectangular lots in the applicable zone.
(Ord. 24-0378, 12/9/2024)
A. 
Purpose. All uses requiring the receipt or distribution by vehicles or trucks of material or merchandise shall provide off-street loading and unloading areas to handle the volume of truck traffic and loading requirements.
B. 
Requirements. At a minimum, one loading space shall be provided for all commercial and industrial buildings in excess of 10,000 square feet plus one additional space for every additional 20,000 square feet of floor area.
1. 
Multi-Tenant Buildings. The gross floor area of the entire building shall be used in determining spaces for multi-tenant buildings. A common loading area may be required if each tenant space is not provided with a loading area. Drive-in roll-up doors for multi-tenant industrial projects may be substituted for required loading areas.
C. 
Additional Loading Spaces Required. Additional loading spaces may be required to ensure that trucks will not be loaded, unloaded, or stored on public streets. Such requirement shall be based on the anticipated frequency of truck deliveries.
D. 
Reduction in Spaces Required. The review authority may waive the loading space upon finding that the applicant has satisfactorily demonstrated that, due to the specific nature of the use and building, such loading space will not be necessary.
E. 
Location. Loading zones and docks shall be located to the rear of properties and no truck entrance door, loading zone, or dock-serving commercial vehicles shall be permitted to face a residential area within 50 feet.
1. 
Exceptions. The location requirement may be modified or waived where the review authority finds that:
a. 
The intended use of the property, the location or shape of the site, and/or existing development warrant a variation;
b. 
Street-facing loading areas will exhibit architectural treatment, or will be enhanced with landscaping, in such a way as to minimize visual and noise impacts; and
c. 
There are specific features of the site and design of the building such that strict application of the location requirement is impractical.
F. 
Size and Dimensions. Each on-site loading space required by this section shall be no less than 10 feet wide, 35 feet long, and 14 feet high. The minimum size requirement may be modified by the planning manager upon finding that the applicant has satisfactorily demonstrated that due to the nature of the proposed use, such size is not needed.
(Ord. 24-0378, 12/9/2024)
A. 
Purpose and Intent. The purpose of this section is to assure the provision and maintenance of safe, adequate, well designed off-street parking facilities in conjunction with any use or development. The intent is to reduce street congestion and traffic hazards and to promote an attractive environment through design and landscaping standards for parking areas.
B. 
Applicability.
1. 
New Buildings. Parking shall be provided in accordance with this section at the time any new building or structure is erected, or any new land use or new residential unit is established.
2. 
Existing Buildings and Land Uses. Existing buildings and land uses that are conforming or nonconforming to the requirements of this section may be changed, altered, or enlarged as follows:
a. 
Residential Building and Uses.
i. 
Additions to existing residences which are no greater than 500 square feet are not required to meet the parking standards of this section, but shall be required to retain the number and type (covered or uncovered) of existing parking spaces.
ii. 
Additions greater than 500 square feet must comply with parking standards in this section; however, the review authority may make minor exceptions to the parking space dimensions specified in section 11-11-4 if it can be demonstrated that the dimension requirements are unreasonable or impractical as applied to the project through approval of a development permit or conditional use permit.
b. 
Nonresidential Buildings.
i. 
Additions. Where an addition of floor area creates an increase of 10% or more of the existing square footage, additional parking as required in Table 11.1 shall be provided for the addition with the following conditions:
(A) 
The existing parking shall be maintained.
(B) 
If the number of existing parking spaces is greater than the requirements for the existing development without the addition, the number of existing spaces in excess of the prescribed minimum may be counted toward meeting the parking requirements for the addition.
ii. 
Change in Use. Where an existing land use is changed to another permitted land use, parking shall be provided in accordance with this section except as follows:
(A) 
Village Mixed-Use (VMU), Commercial Retail (CR). No additional off-street parking is required for a change in use of an existing structure in the Village Mixed-Use (VMU) and Commercial Retail (CR) zones, except that parking shall be provided in accordance with this section for changes in use to lodging, hotel, short term rentals, and conversion of existing nonresidential spaces to habitable dwelling units.
iii. 
Same Use. Where an existing use is proposed to be replaced with the same use that previously occupied the building, no additional parking is required.
3. 
When Constructed. Parking facilities required by this chapter shall be constructed or installed prior to the issuance of a certificate of occupancy for the uses that they serve.
C. 
Parking Spaces Maintained. No parking area or parking space provided for the purpose of complying with the provisions of this section shall thereafter be eliminated, reduced or converted in any manner unless equivalent facilities approved by the review authority are provided elsewhere in conformity with this section. The permit for the use for which parking was provided shall immediately become void upon the failure to comply with the requirements of this section.
D. 
Parking Space Size, Location, and Design.
1. 
Size.
a. 
Minimum Size. Parking spaces shall be a minimum of nine feet wide by 18 feet long.
b. 
Compact Spaces. Thirty percent of the required parking for nonresidential uses, and for residential projects of five or more units may be provided as compact car spaces. Compact car spaces shall be a minimum of eight feet wide by 14 1/2 feet long. Every stall designed to accommodate compact cars shall be clearly marked as a compact car stall.
2. 
Location. Parking spaces shall not be located within required setback areas except as otherwise provided in this zoning code and as allowed below.
a. 
Single Unit Dwellings. Parking may be located within the setback area if the following standards are met:
i. 
Each parking space is a minimum of nine feet wide by 18 feet long.
ii. 
All parking spaces are located behind an existing or future sidewalk, as determined by the city engineer.
iii. 
Parking shall be located on a paved surface as approved by the city engineer.
b. 
Multi-Unit Attached and Detached Dwellings in Residential Zones. Parking may be located within a side setback or rear setback area.
c. 
For all types of dwellings, the required parking spaces shall be provided on the same site on which the dwelling(s) is located.
d. 
For nonresidential structures or uses, the required parking spaces shall be provided on site or within 500 feet of the main building or site, if there is no main building, as measured along streets not including alleys. Off-site parking shall be secured by a recorded document approved by the city attorney. The agreement shall include:
i. 
A guarantee from the landowner for access to and use of the shared parking facility; and
ii. 
A guarantee that the spaces to be provided will be maintained and reserved for the uses served for as long as such uses are in operation.
e. 
Tandem Parking. Tandem parking may be permitted to satisfy parking for single unit, multi-unit residential uses, and lodging uses with the following:
i. 
No more than two vehicles shall be placed one behind the other.
ii. 
Both spaces shall be assigned to the same dwelling unit.
iii. 
Tandem parking shall not be used to meet a guest parking requirement.
iv. 
Tandem parking utilized by lodging uses shall require a parking attendant or other on-site employee to allow for access of guest vehicles.
f. 
Maneuvering Aisles. Maneuvering aisles shall meet the minimum dimensions. Screening walls, roof support posts, columns, or other structural elements shall not intrude into the required dimensions for parking spaces or aisles.
i. 
Table 11.11 provides the dimensions of spaces and aisles according to the angle of parking spaces. The required aisle width may be modified if the city engineer finds that sufficient space is provided, so that maneuvering areas will not interfere with traffic and pedestrian circulation.
Table 11.11
Angle of Parking
Stall Width
Stall Depth
Aisle Width
Parallel
8 ft.
22 ft (curb length)
14 ft
45°
12 ft. 9 in.
19 ft. 1 in.
One Way: 14 ft
Two Way: 20 ft
60°
10 ft. 5 in.
20 ft. 9 in.
One Way: 16 ft
Two Way: 20 ft
90°
9 ft.
18 ft.
24 ft.
E. 
Construction and Design.
1. 
Drainage. All parking areas shall include a drainage plan subject to review and approval by the city engineer.
2. 
Materials. Uncovered parking areas and driveways shall consist of a surface as approved by the city engineer.
3. 
Spaces. Parking spaces shall be marked and access lanes clearly defined. Bumpers and wheel stops shall be installed as necessary.
4. 
Encroachment. Parking areas shall be so designed that no vehicle shall be required to encroach into a street, alley or sidewalk when backing out of a parking space. A waiver of this requirement may be permitted by the review authority.
5. 
Access. The design of parking areas shall not require the moving of any car to gain access to a required parking space unless tandem parking is approved by the review authority.
6. 
Lighting. All parking areas serving uses operating at night shall be adequately illuminated. Such lighting shall be in conformance with section 11-11-3 and the California Building Code where applicable.
F. 
Landscaping and Screening of Parking Areas.
1. 
Screening Type. Where nonresidential parking areas abut residentially zoned or developed property, a masonry wall of not less than six feet in height shall be constructed and maintained between the parking area and the adjoining residentially zoned or developed property. The maximum height of any wall shall be eight feet, as approved by a review authority.
2. 
Required Landscaping. The following shall be required, in addition to other provisions of this zoning code, as part of a submitted landscaping plan:
a. 
Trees, shrubbery and ground cover shall be provided at suitable intervals in order to break up the continuity of the parking area. Planting islands for such trees and shrubs shall be protected from automobile traffic by either asphalt or concrete curbs.
b. 
All ends of parking lanes shall have landscaped islands.
G. 
Driveways.
1. 
Width, Number and Location. Unless otherwise provided in the specific, applicable zones, the width and number of driveways, in relation to intersections, obstructions, other driveways and property lines, shall be determined by the city engineer.
2. 
Driveway to Side or Rear Parking Areas. A driveway used for access to a parking area on the side or rear of a building shall be a minimum of 10 feet wide in clear distance between any obstruction to vehicular traffic, as approved by the city engineer or as required by the Santa Barbara County Fire Department.
H. 
Required Number of Spaces. Parking for required uses shall be consistent with Table 11.12 and the following:
1. 
The minimum number of parking spaces as required in this section shall be provided and continuously maintained in conjunction with the related use or development.
2. 
Bicycle parking shall be provided consistent with the adopted California Building Code.
3. 
For the purposes of this section, gross floor area shall be the measure of total square footage for a project with each area calculated based on its use.
4. 
Where the standards require any fractional space, the next larger whole number shall be the number of spaces required.
5. 
In the case of mixed uses the total requirement shall be the sum of the number of spaces required for the individual uses computed separately.
6. 
Where the parking requirement for a use is not specifically defined for the applicable zone, or otherwise defined in this chapter, the parking requirement shall be determined by the planning manager based upon the requirement for the most comparable use specified herein.
7. 
All parking areas shall provide accessible parking spaces as required by the California Building Code.
8. 
Modifications to parking requirements of this section may be granted through issuance of a conditional use permit. The city engineer may request a parking demand study, and other materials to deemed necessary to analyze potential reductions. The following findings shall be made by the review authority:
a. 
Special conditions exist, including, but not limited to: the nature of the proposed operation; peak hours of uses that share the parking facility will not overlap or coincide; transportation characteristics of persons residing, working, or visiting the site; or because the applicant has undertaken a management program that reduce parking demand at the site as approved by the city engineer.
Table 11.12 Required Parking Spaces by Use
Use
Parking Requirement
Services and Retail Uses
Accessory Dwelling Unit/Junior Accessory Dwelling Unit (JADU)
No parking required for an ADU or JADU
Emergency Shelters
No additional parking is required beyond the standard for dwellings in the zone in which the use is located
Single-Unit Dwelling
2 spaces per dwelling unit
Mobile Home Park
2 spaces per site, which may be tandem
1 space for every 3 sites for guest parking
Multi-Unit Dwelling, including Multi-Unit Dwelling of Mixed-Use Project
1 space for a one bedroom/studio unit
2 spaces for a two or more bedroom unit
1 space for every 5 dwelling units for guest parking
Caretaker Residence
1 space per dwelling unit
Childcare Facility
None beyond the parking required for the dwelling.
Live/Work Unit
Each live/work unit shall provide parking based on the area of nonresidential use, or a minimum of two spaces, whichever is greater. The review authority may modify this requirement for the use of existing structures with limited parking
Residential Care Facility, 1-6 clients
None beyond the parking required for the dwelling
Residential Care Facility, 7 or more clients
1 space per 4 bed spaces
1 space per 2 employees
Residential Care Facility for the Elderly
1 space per 4 bed spaces
1 space per 2 employees
Single Room Occupancy
1 space per every 3 units
Transitional Housing and Supportive Housing
None beyond the parking required for the dwelling
Two-Unit Dwelling
2 spaces per dwelling unit
Retail
Adult Oriented Business
1 space per 500 square feet of floor area.
Vehicle Sales
1 space per 300 square feet of floor area
Bar/Tavern/Nightclub
1 space per 300 square feet of floor area, which shall include any outdoor use area
Lumber and Building Materials
1 space per 300 square feet of floor area plus 1 space per 1,500 square feet of outdoor use area
General Retail
1 space per 300 square feet of floor area
Restaurant/Brewery
1 space per 300 square feet of floor area
Outdoor seating areas less than 750 square feet in size do not require parking. Outdoor seating areas greater than 750 square feet require 1 parking space for every 750 square feet of outdoor seating area
Wine and Distillery Tasting
1 space per 300 square feet of floor area plus 1 space per 1,500 square feet of outdoor use area
Services
Animal Care Facility
1 space per 300 square feet of floor area
Business Support Service
1 space per 300 square feet of floor area
Catering Service
1 space per 300 square feet of floor area
Childcare Facility, Day Care Center
1 space per staff member plus a drop off area as required by Community Care Licensing or its successor agency
Equipment Rental
1 space per 300 square feet of floor area
Financial Institutions
1 space per 300 square feet of floor area
Lodging
1 space per guestroom
1 space per 300 square feet of floor area of ancillary uses/office/lobby
Short Term Rental
1 space for 1 bedroom/studio
2 spaces for 2-4 bedrooms
1 space for each bedroom greater than 4 bedrooms
Maintenance Service, Client Site Services
1 space per 300 square feet of floor area
Medical Services, Clinic/Urgent Care
1 space per 200 square feet of floor area
Medical Services, Doctor Office
1 space per 200 square feet of floor area
Medical Services, Extended Care
1 space per 300 square feet of floor area
Medical Services, Hospital
1 space per 300 square feet of floor area
Mortuary, Funeral Home/Cemetery
1 space per 300 square feet of floor area
Office
1 space per 300 square feet of floor area
Personal Service
1 space per 300 square feet of floor area
Repair Service, Small Equipment/Large Equipment
1 space per 300 square feet of floor area
Vehicle Rental
1 space per 300 square feet of floor area
Vehicle Repair and Services
1 space per 300 square feet of floor area
Industry, Manufacturing & Processing
Beverage Manufacturing and Production
1 space per 750 square feet of floor area
High Technology Uses
1 space per 750 square feet of floor area
Manufacturing, Artisan
1 space per 750 of manufacturing area
1 space per 300 square feet of retail/ancillary/office area
Manufacturing/Processing, Heavy/Medium/Light
1 space per 750 square feet of floor area
Media Production
1 space per 750 square feet of floor area
Recycling Facility
1 space per 1,000 square feet of floor area
Storage, Warehouse
1 space per 1,000 square feet of floor area
Storage, Outdoor
1 space per 1,000 square feet of floor area
Storage, Personal Storage Facility
1 space per 1,000 square feet of floor area
Storage, Vehicle
1 space per 1,000 square feet of site area
Wholesaling and Distribution
1 space per 750 square feet of floor area
Recreational, Education & Public Assembly
Commercial Recreation Facilities, Indoor
Theater/Cinema
1 space per 40 square feet of seating floor area
Other:
1 space per 500 square feet of floor area
Commercial Recreation Facilities, Outdoor
1 space per 1,000 square feet of lot area
Community Gardens
2 spaces
Health/Fitness Facility
1 space per 300 square feet of floor area
Meeting Facility, public or private
1 space per 4 seats, but not less than 1 space per 40 square feet of floor area of the largest meeting hall
Specialized Education/Training
1 space per 300 square feet of floor area
Studio, Art, Dance, Martial Arts, etc.
1 space per 300 square feet of floor area
Transportation & Infrastructure
Parking Facility
1 space per 300 square feet of office area
Telecommunications Facility
1 space per 300 square feet of office area
Utilities Facility
1 space per 300 square feet of office area
I. 
In Lieu Parking Fees.
1. 
Purpose. The purpose of the in-lieu parking fee is to implement the objectives of the city's general plan and to mitigate the adverse parking impacts caused by new retail and commercial development, development of new restaurants and food and/or beverage establishments, or a change to or an intensification of any such type of development, with the exception of lodging, short term rentals, and residential project components.
2. 
Establishment of In-Lieu Parking Fee. The city council hereby creates and establishes an in-lieu parking fee that may be paid by those developers of retail businesses and general commercial projects, projects developing restaurants and food and/or beverage establishments, or projects changing to or intensifying any such type of development, except lodging, short term rentals, and residential project components. Developers for eligible projects must either: (a) provide the number of parking spaces required in subsection H; or (b) pay a parking development fee under this section in lieu of providing some or all parking required under subsection H. Developers who elect to pay a fee in lieu of providing some or all on-site or off-site parking required by subsection H shall pay the in-lieu parking fee prior to the issuance of a building permit.
The city council has determined that, for those developers who choose not to provide some or all required parking on-site or off-site pursuant to subsection H, such a parking development fee is necessary to: (a) finance the construction of alternative parking facilities within the city; and (b) pay for each such development's fair share of the construction costs of those parking facilities. In establishing the in-lieu parking fee, the city council has found such a fee to be consistent with its general plan.
The city council shall, by resolution: (a) set forth the specific amount of the fee; (b) describe the benefit and impact area on which the fee is imposed; (c) describe the specific parking facilities to be financed; (d) describe the estimated cost of such parking facilities; and (e) describe the reasonable relationship between the fee and the various types of development.
The city council shall review the in-lieu parking fee from time to time, but at least on an annual basis to: (a) identify the purpose to which the in-lieu parking fee is to be put; and (b) determine whether there is a reasonable relationship between the fee and the purpose for which it was charged.
3. 
Accounting of Funds—Use of Fees. Pursuant to Government Code section 66006, the city council directs that all in-lieu parking fees collected shall be maintained in a specific capital facilities account. The city shall use the fees in such account, along with any interest earnings, only to:
a. 
Pay for the city's future construction of the parking facilities described in the resolution enacted pursuant to subsection B of this section; or
b. 
To reimburse the city for those parking facilities constructed by the city with funds advanced by the city from other sources.
4. 
Fee Adjustments. An electing developer may apply to the city council for a reduction or adjustment to, or a waiver of, the in-lieu parking fee, based upon the absence of any reasonable relationship or nexus between the parking impacts of the development and either: (a) the amount of the fee charged; or (b) the type of parking facilities to be financed. The application shall be made in writing and filed with the city clerk not later than: (a) 10 days prior to the public hearing on the development permit application for the project; or (b) if no development permit is required, at the time of the filing of the request for a building permit. The application shall state in detail the factual basis for the claim of reduction, adjustment or waiver. The city council shall consider the application at the later of: (a) the public hearing on the permit application; or (b) a separate hearing held within 60 days after the filing of the fee adjustment application. The city council's decision shall be final. If the city council grants a reduction, adjustment or waiver, any change in use within the project shall invalidate such reduction, adjustment or waiver.
(Ord. 24-0378, 12/9/2024)
A. 
Requirement for Undergrounding of Point of Service. All new electric, telephone, fiberoptics, and other communication service connections, for all new buildings, units, or additions greater than 500 square feet shall be provided by underground wiring or conduit. Extension of electric or communication distribution lines to serve such projects shall be underground wiring or conduits.
B. 
Requirement for Underground for Distribution Lines along Project Frontages. All electrical distribution lines of less than 66,000 volts, communications, video, and similar service wires or cables that: (1) are existing and located within the boundaries of the property being developed; or (2) are existing between the property line and the centerline of the peripheral streets of the property being developed; or (3) are located along or within six feet of the lot lines of the property to be developed and do not provide service to immediate adjacent properties; shall be installed underground for all new construction projects, with the exception of new single units dwellings that are not a part of a proposed subdivision.
C. 
Point of Termination. Where the utility or other company's distribution system is underground, the service lines shall terminate at a connection point designated by the utility company. Where the utility or other company's distribution is overhead, the service lines shall terminate as a pole riser on a pole designated by the utility company.
D. 
Exceptions. Where determined by the building official to be impractical or infeasible within the standards and practices of the utility or other companies providing such services, and does not impede with the health, safety and welfare of existing and future residents.
(Ord. 24-0378, 12/9/2024)
A. 
Purpose. The purpose of this section is to provide a procedure to request reasonable accommodation for persons with disabilities seeking equal access to housing under the Federal Fair Housing Act and the California Fair Employment and Housing Act (the "Acts") in the application of zoning laws and other land use regulations, policies, and procedures, and to establish criteria to be used when considering such requests.
B. 
Applicability.
1. 
Definition of Disability. This section is intended to apply to those persons who are defined as disabled under the Acts. Under the Acts, an individual with a disability is someone who has a physical or mental impairment that limits one or more major life activities; anyone who is regarded as having such impairment; or anyone with a record of such impairment.
2. 
Eligibility to Request Accommodation. A request for reasonable accommodation may be made by any person with a disability, his or her representative, or a developer or provider of housing for individuals with disabilities, when the application of a zoning law or other land use regulation, policy, or practice acts as a barrier to fair housing opportunities.
3. 
Scope of Accommodation. A request for reasonable accommodation may include a modification or exception to the rules, standards, and practices for the siting, development, and use of housing or housing related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of his or her choice. Any modification based on this section is a personal accommodation and shall not run with the land. A request for reasonable accommodation is subject to the applicant's compliance with all other applicable regulations. Requests for reasonable accommodation shall be made in the manner prescribed in subsection (C)(1) of this section.
C. 
Application Requirements.
1. 
Application. Requests for reasonable accommodation shall be submitted on an application form provided by the planning division, or in the form of a letter, to the planning manager and shall contain the following information:
a. 
The applicant's name, address and telephone number;
b. 
Address of the property for which the request is being made;
c. 
The current actual use of the property;
d. 
The basis for the claim that the individual is considered disabled under the Acts;
e. 
The zoning code provision, regulation or policy that is the subject of the applicant's requested reasonable accommodation, and a description of the specific accommodation requested; and
f. 
Why the reasonable accommodation is necessary to make the specific property accessible to the individual.
2. 
Review with Other Land Use Applications. If the project for which the request for reasonable accommodation is being made requires one or more discretionary approvals (including, but not limited to, conditional use permit, development permit, zoning clearance, etc.), then the applicant shall file the information required by subsection A of this section, together for concurrent review with the application for discretionary approval.
D. 
Review Authority.
1. 
Planning Manager. Requests for reasonable accommodation shall be reviewed by the planning manager if no discretionary permit approval is required other than the request for reasonable accommodation.
2. 
Other Review Authority. Requests for reasonable accommodation submitted for concurrent review with another discretionary permit application shall be reviewed by the same review authority as the discretionary permit.
E. 
Review Procedure.
1. 
Planning Manager Review. The planning manager shall make a written determination within 45 days and either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with subsection F of this section. The planning manager shall mail a notice of a request for reasonable accommodation to contiguous owners of property, as shown on the latest equalized Santa Barbara County assessment roll, but may include other property owners as determined by the planning manager in his or her discretion. Said notice shall be mailed at least 10 days prior to making a determination.
2. 
Other Reviewing Authority. The written determination on whether to grant or deny the request for reasonable accommodation shall be made by the review authority responsible for reviewing the discretionary permit application in compliance with the applicable review procedure for the discretionary review. The written determination to grant or deny the request for reasonable accommodation shall be made in accordance with subsection F of this section.
F. 
Findings and Decision.
1. 
Findings. The written decision to grant or deny a request for reasonable accommodation will be consistent with the Acts and shall be based on a consideration of the following factors:
a. 
Whether the housing which is the subject of the request will be used by an individual considered disabled under the Acts.
b. 
Whether the request for reasonable accommodation is necessary to make specific housing available to an individual with a disability under the Acts.
c. 
Whether the requested reasonable accommodation would impose an undue financial or administrative burden on the city.
d. 
Whether the requested reasonable accommodation would require a fundamental alteration in the nature of a city program or law, including, but not limited to, land use or zoning.
e. 
Whether the requested reasonable accommodation would adversely impact surrounding properties or uses.
f. 
Whether there are reasonable alternatives that would provide an equivalent level of benefit without requiring a modification or exception to the city's applicable rules, standards and practices.
g. 
Whether the accommodation would alter the significance of a historical site or structure.
2. 
Conditions of Approval. In granting a request for reasonable accommodation, the review authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required by subsection (F)(1).
3. 
Written Decision. The decision on the request for reasonable accommodation shall be in writing, mailed to the applicant, and explain in detail the basis of the decision, including the reviewing authority's findings required by this section. All decisions shall give notice of the applicant's right to appeal pursuant to the appeals process set forth in subsection G.
G. 
Appeal of Determination.
1. 
Within 10 days' mailing of the reviewing authority's written decision on a request for reasonable accommodation, the applicant or his or her representative may file an appeal. All appeals must be in writing and contain a statement of the grounds for the appeal. The city will provide reasonable assistance if requested to ensure the appeals process is accessible.
2. 
A determination by the planning manager to grant or deny a request for reasonable accommodation shall be appealed, if at all, to the planning commission.
3. 
A determination by the planning commission to grant or deny a request for reasonable accommodation shall be appealed, if at all, to the city council.
(Ord. 24-0378, 12/9/2024)
A. 
Purpose.
1. 
Implement the goals, objectives, and policies of the Housing Element for developing housing affordable to various households with very low, low and moderate incomes and units intended to serve seniors, transitional foster youth, disabled veterans, homeless persons, and lower income students.
2. 
Provide the implementing framework, as it relates to affordable housing density bonuses, and offer concessions and incentives for eligible housing developments that are consistent with the city's commitment to provide for affordable housing.
3. 
Implement Government Code section 65915 ("State Density Bonus Law"), as required by Government Code section 65915(a).
4. 
All terms defined in state law shall have the same meaning here.
B. 
General Affordable Housing Provisions.
1. 
Availability. All designated affordable housing units shall be made available to qualified occupants at the same time as the market-rate housing units are made available within the same project.
2. 
Income Levels. For the purpose of determining the income levels for households under this section, the city shall use the Santa Barbara County income limits found in Title 25, section 6932 of the California Code of Regulations, and regularly updated and published by the California Department of Housing and Community Development, or other income limits adopted by the city council and authorized by state law.
3. 
Density Bonus. The granting of a density bonus shall not, in and of itself, be interpreted to require an amendment to the general plan, zoning code, or other discretionary approval.
4. 
Affordable Housing Agreement. The owner of the affordable unit shall sign an Affordable Housing Agreement with the city agreeing to the term, affordability, resale and any other topic deemed appropriate by the city and in conformance with State Density Bonus Law. The Affordable Housing Agreement shall be recorded with the Santa Barbara County Recorder prior to issuance of either final occupancy permit, or temporary occupancy permits, whichever occurs first.
5. 
Additional Applicability. This section is also applicable to mixed-use development projects. The concessions/incentives available herein apply to the entire project and are not limited to the residential component, unless otherwise specified.
6. 
Definitions. The definitions found in State Density Bonus Law shall apply to the terms contained in this section.
7. 
Interpretations. If any portion of this section conflicts with State Density Bonus Law or other applicable state law, state law shall supersede this section. Any ambiguities in this section shall be interpreted to be consistent with State Density Bonus Law.
C. 
Application Requirements. Any applicant requesting a density bonus and/or any incentive(s), waiver(s), or parking reductions shall submit a density bonus report that includes the following information:
1. 
Requested Density Bonus.
a. 
Summary table showing the maximum number of dwelling units permitted by the zoning code and general plan, excluding any density bonus units; proposed affordable units by income level; proposed bonus percentage; number of density bonus units proposed; total number of dwelling units proposed on the site; and resulting density in units per acre.
b. 
A tentative map and/or preliminary site plan, drawn to scale, showing the number and location of all proposed units, and designating the location of proposed affordable units.
c. 
The zoning and general plan designations and assessor's parcel number(s) of the housing development site.
d. 
A description of all dwelling units existing on the site in the five-year period preceding the date of submittal of the application and identification of any units rented in the five-year period. If dwelling units on the site are currently rented, income and household size of all residents of currently occupied units, shall be provided to the city if known. If any dwelling units on the site were rented in the five-year period but are not currently rented, the income and household size of residents occupying dwelling units when the site contained the maximum number of dwelling units shall be provided to the city, if known.
e. 
Description of any recorded covenant, ordinance, or law applicable to the site that restricted rents to levels affordable to very low or lower income households in the five-year period preceding the date of submittal of the application.
f. 
If a density bonus is requested for a land donation, the location of the land to be dedicated, proof of site control, and reasonable documentation that each of the requirements included in State Government Code section 65915, subdivision (g) can be met.
2. 
Requested Concession(s) or Incentive(s). In the event an application proposes concessions or incentives for a housing development pursuant to State Density Bonus Law, the density bonus report shall include the following minimum information for each incentive requested, shown on a site plan, if appropriate:
a. 
The city's applicable development standard or regulation from which the applicant seeks to deviate and the requested deviation.
b. 
Except where a mixed-use project is proposed as a concession or incentive, reasonable documentation to show that any requested incentive will result in identifiable and actual cost reductions to provide for affordable housing costs or rents.
c. 
If approval of a mixed-use project is proposed, reasonable documentation that nonresidential land uses are compatible with the housing development and the existing or planned development in the area where the proposed housing development will be located, and that mixed-use zoning will provide for affordable housing costs or rents.
3. 
Requested Waiver(s). In the event an application proposes waivers or reductions of development standards for a housing development pursuant to State Density Bonus Law, the density bonus report shall include the following minimum information for each separate waiver or reduction requested on each lot, shown on a site plan, if appropriate:
a. 
The city's applicable development standard from which the applicant seeks to deviate and the requested deviation.
b. 
An explanation as to how, if applied, the development standards for which a waiver is requested would have the effect of physically precluding the construction of a development at the densities or with concessions or incentives permitted by State Density Bonus Law.
4. 
Requested Parking Reduction. In the event an application proposes a parking reduction for a housing development pursuant to Government Code section 65915, subdivision (p), a table showing parking required by the zoning regulations, parking proposed under section 65915, subdivision (p), and reasonable documentation that the project is eligible for the requested parking reduction.
5. 
Childcare Facility. If a density bonus or incentive is requested for a childcare facility in a housing development, reasonable documentation that all of the requirements included in Government Code section 65915, subdivision (h) can be met.
6. 
Condominium Conversion. If a density bonus or incentive is requested for a condominium conversion, reasonable documentation that all of the requirements included in Government Code section 65915.5 can be met.
7. 
Fee. Payment of any fee in an amount set by resolution of the city council for determination that the proposed density bonus plan complies with this section and State Density Bonus Law.
D. 
Density Bonus.
1. 
Number of Units. A housing development shall be entitled to the number of density bonus units allowed by state law. All calculations shall be rounded up for any fractional numeric value in determining the total number of units to be granted, including base density and bonus density.
2. 
Multiple Qualifying Factors. If a housing development qualifies for a density bonus under more than one income category, or additionally as a senior citizen housing development, or as housing intended to serve transitional foster youth, disabled veterans, homeless persons, or lower income students, the applicant shall identify the categories under which the density bonus would be associated and granted.
3. 
Lower or Zero Percent Density Bonus. The applicant may elect to accept a lesser percentage of density bonus than the housing development is entitled to, or no density bonus, but no reduction will be permitted in the percentages of required affordable units as outlined in Government Code section 65915, subdivisions (b), (c), and (f). Regardless of the number of affordable units, no housing development shall be entitled to a density bonus of more than what is authorized under State Density Bonus Law.
E. 
Incentives.
1. 
Number. Incentives include incentives and concessions as defined in State Density Bonus Law. The number of incentives that may be requested shall be based upon the number the applicant is entitled to pursuant to State Density Bonus Law.
2. 
Financial Assistance. Nothing in this section requires the provision of direct financial incentives for the housing development, including, but not limited to, the provision of financial subsidies, publicly owned land, fee waivers, or waiver of dedication requirements. The city, at its sole discretion, may choose to provide such direct financial incentives.
F. 
Review Procedures.
1. 
Process. An application for a density bonus and/or any benefits identified in State Density Bonus Law shall be submitted concurrently with the appropriate applications required for the project in general. The application shall be reviewed concurrently by the same reviewing body or reviewing authority.
2. 
Housing Development. To ensure that an application for a housing development conforms with the provisions of State Density Bonus Law, the review authority shall determine whether the application conforms to the following requirements of state law, as applicable:
a. 
The housing development provides the affordable units or senior housing required by State Density Bonus Law to be eligible for the density bonus and any incentives, parking reduction, or waivers requested, including the replacement of units rented or formerly rented to very low and low income households as required by Government Code section 65915, subdivision (c)(3).
b. 
Any requested incentive will result in identifiable and actual cost reductions to provide for affordable housing costs or rents; except that, if a mixed-use development is requested, the application must instead meet all of the requirements of Government Code section 65915, subdivision (k)(2).
c. 
The development standards for which a waiver is requested would have the effect of physically precluding the construction of a development at the densities or with the concessions or incentives permitted by State Density Bonus Law.
d. 
The housing development is eligible for any requested parking reductions under Government Code section 65915, subdivision (p).
e. 
If the density bonus is based all or in part on donation of land, all of the requirements included in Government Code section 65915, subdivision (g) have been met.
f. 
If the density bonus or incentive is based all or in part on the inclusion of a childcare facility, all of the requirements included in Government Code section 65915, subdivision (h) have been met.
g. 
If the density bonus or incentive is based all or in part on the inclusion of affordable units as part of a condominium conversion, all of the requirements included in Government Code section 65915.5 have been met.
3. 
Exception to Approval of Requested Incentive. The review authority shall grant an incentive requested by the applicant unless it makes a written finding, based upon substantial evidence, of any of the following:
a. 
The proposed incentive does not result in identifiable and actual cost reductions to provide for affordable housing costs, as defined in Health and Safety Code section 50052.5, or for affordable rents, as defined in Health and Safety Code section 50053; or
b. 
The proposed incentive would be contrary to state or federal law; or
c. 
The proposed incentive would have a specific, adverse impact upon public health or safety or on any real property that is listed in the California Register of Historic Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the housing development unaffordable to low and moderate income households. For the purpose of this subsection, specific adverse impact means a significant, quantifiable, direct, and unavoidable impact based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application for the housing development was deemed complete.
4. 
Exception to Approval of Requested Waiver or Reduction of Development Standards. The review authority shall grant the waiver or reduction of a development standard requested by the applicant unless it makes a written finding, based upon substantial evidence, of any of the following:
a. 
The proposed waiver or reduction would be contrary to state or federal law;
b. 
The proposed waiver or reduction would have an adverse impact on any real property that is listed in the California Register of Historical Resources; or
c. 
The proposed waiver or reduction would have a specific, adverse impact upon public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. For the purpose of this subsection, "specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application for the housing development was deemed complete.
(Ord. 24-0378, 12/9/2024)