The purpose of this chapter is to establish distinct performance and development regulations for certain activities, uses, and structures that are of such a special nature that additional regulations are desired. This chapter is applicable in all zones notwithstanding the regulations of the applicable zone.
(Ord. 24-0378, 12/9/2024)
A. 
Purpose.
1. 
This section provides standards for accessory dwelling units and junior accessory dwelling units, where allowed by this zoning code.
2. 
To provide for the creation of accessory dwelling units and junior accessory dwelling units consistent with Government Code section 66310 et seq., implementation of this section is meant to expand housing opportunities by increasing the number of smaller units available within the city.
B. 
Density. Accessory dwelling units shall not count towards the allowable density of units per acre prescribed in the general plan and zoning code.
C. 
Permit Requirements. A zoning clearance shall be required to ensure compliance with this section concurrent with, the issuance of a building permit. A zoning clearance shall be ministerial, with no public hearings or notices. For those ADUs/JADUs identified in Government Code section 66323, a zoning clearance shall be issued if the ADU/JADU meets the criteria and standards in Government Code section 66323 and no other standards shall apply. A zoning clearance shall be issued for all other ADUs/JADUs if the ADU/JADU meets standards contained in this section.
D. 
An accessory dwelling unit (detached or attached) shall have a minimum floor area of 150 square feet and maximum floor area of 1,200 square feet, or be less than the square footage of the primary dwelling, whichever is less. Junior accessory dwelling units shall comply with subsection L of this section.
E. 
Building Height.
1. 
A detached accessory dwelling unit shall not exceed 16 feet in height with the following exception:
a. 
An ADU located within a 1/2 mile of an existing transit stop, or an ADU located on a parcel with an existing dwelling that is two stories in height, shall not exceed 18 feet in height.
2. 
An attached accessory dwelling unit or an accessory dwelling unit constructed over a garage or carport shall not exceed 25 feet in height. Any portions of the accessory dwelling unit constructed within the zone's required building setback areas, as may be permitted pursuant to this zoning code, shall not exceed 16 feet in height.
F. 
Limitation on Number.
1. 
A maximum of one accessory dwelling unit and one junior accessory dwelling unit is allowed per lot with an existing or proposed single-unit dwelling consistent with Government Code section 66323.
2. 
Accessory dwelling units within multi-unit and mixed-use developments shall comply with the following:
a. 
Existing Space. The maximum number of accessory dwelling units shall not exceed 25% of the number of existing or proposed multi-unit dwellings or dwelling units in a mixed-use development, but shall not be less than one unit. Accessory dwelling units are permitted in converted portions of a structure that are not used as livable space, (e.g., garages, laundry rooms, etc).
b. 
Detached Structures. A maximum of eight detached accessory dwelling units, in addition to the converted portions of a structure, are permitted per lot. If a multi-unit development contains less than eight units, the maximum number of accessory dwelling units shall not exceed the total number of existing units. On a lot with a proposed multi dwelling, not more than two detached ADUs are permitted.
G. 
Limitation of Use. No accessory dwelling unit shall be utilized as a short-term rental.
H. 
Utility Connections. Accessory dwelling units shall be connected to city water and sewer services. Separate utility connections and meters may be required in accordance with Government Code section 66324.
I. 
Development Impact Fee. Payment of development impact fees are required as follows:
1. 
Accessory dwelling units with floor area of less than 750 square feet shall not pay development impact fees.
2. 
Accessory dwelling units with floor area of 750 square feet or more shall be charged development impact fees that are proportional in relation to the square footage of the primary single dwelling unit in the single-unit dwelling context or average size of the dwelling units on the same lot in the multi-family context, as shown on the Master Fee Schedule.
J. 
Building Design Standards for Accessory Dwelling Units.
1. 
Access and Entries.
a. 
An ADU and/or JADU shall have direct exterior access independent of the exterior access of the primary single dwelling unit.
b. 
If an ADU entry faces a street, the primary entrance oriented towards the street and directly accessible from an adjacent sidewalk (where no sidewalk exists, the connection shall be to the abutting public street), and the entryways shall consist of:
i. 
A front porch with a minimum depth of five feet, as measured from the building facade to the posts, and a minimum length of eight feet; or
ii. 
A portico, recess, or stoop measuring at least four feet by four feet which is well defined by a gabled entry, distinct change in roof line or columns.
2. 
Massing. The square footage of any story of an ADU constructed above the first story (and not a conversion of existing space) shall have a maximum floor area that is no more than 80% of the floor area of the first story.
a. 
The floor area of the first story shall include all interior living areas, including interior and exterior staircases, attached garages, and covered porches connected to the first floor.
b. 
The floor area of upper stories includes all interior living area with walls; all staircases; porches, decks, and balconies that are covered by a roof structure; and all cantilevered structures that extend beyond the first-floor footprint and do not extend to the ground, including, but not limited to, living area, roof decks, bay windows, chimneys, and staircases; as well as any mezzanines, lofts, or other partial floor areas. Maximum cantilevered area shall not exceed three feet.
c. 
Massing of all new ADUs within the DD-1 and DD-2 overlay zones shall be consistent with standards set forth in Chapter 11-10, Article A.
3. 
Facade Articulation.
a. 
New detached or attached accessory dwelling units shall carry the same primary materials all elevations.
b. 
New detached or attached ADUs shall not include blank walls (e.g., walls without doors or windows) greater than 25 feet in length, if the wall of the ADU is visible from the public right-of-way.
c. 
New detached or attached ADUs shall provide trim at all exterior window and door openings. In lieu of exterior window trim, windows shall be recessed from a wall plane by a minimum of three inches.
d. 
For new detached or attached ADUs, vinyl and aluminum siding, T-111 plywood, and exterior insulation finishing system (EIFS) are prohibited.
e. 
Facade articulation of all new ADUs within the DD-1 and DD-2 overlay zones shall be consistent with standards set forth in Chapter 11-19.
K. 
Development Standards for Accessory Dwelling Units. ADUs shall comply with all applicable development standards applicable to a single unit dwellings in the underlying zone and Chapter 10, Building Regulations of the Solvang Municipal Code, except to the extent they are inconsistent with the following development standards, which shall govern.
1. 
Minimum interior side, street side and rear setbacks shall be four feet for detached or attached accessory dwelling units that are not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure. The following exceptions shall be applied:
a. 
No setback is required for ADU in existing living area, accessory structure or structure constructed in same location and to same dimensions as an existing structure.
2. 
Existing nonconforming setbacks of permitted structures or new structures constructed in the same location and to the same dimensions as an existing structure may be maintained if converted to an accessory dwelling unit.
3. 
Accessory dwelling units shall be excluded from the calculation of lot coverage.
4. 
Accessory dwelling units in multi-unit dwellings shall be excluded from the open space requirements.
5. 
No minimum lot size is required to develop an accessory dwelling unit.
6. 
Installation of fire sprinklers shall not be required in an accessory dwelling unit if they are not required for the primary residence, but the ADU shall comply with all access requirements in Title 10 of the Solvang Municipal Code.
7. 
Parking shall be required as set forth in section 11-11-13.
L. 
Development Standards for Junior Accessory Dwelling Units. Junior accessory dwelling units shall comply with the following:
1. 
Limitation on Use. Junior accessory dwelling units shall only be allowed on lots zoned for single-unit dwellings with a single-unit dwelling built, or proposed to be built, on the lot.
2. 
Location. A junior accessory dwelling unit shall be constructed within the walls of the proposed or existing primary unit, which shall include attached garages.
3. 
Size of Junior Accessory Dwelling Unit. A junior accessory dwelling unit shall have a maximum floor area of 500 square feet.
4. 
Interior Requirements. A junior accessory dwelling unit shall include at least the following:
a. 
A cooking facility, a sink, and food preparation counter of no less than 30 inches in width.
b. 
A separate or shared bathroom with the primary residence. If the JADU does not include a separate bathroom, the JADU shall include an interior entry to the main living area of the primary residence.
c. 
A separate entrance from the main entrance to the primary residence.
5. 
Occupancy Requirements. Either the junior accessory dwelling unit or the primary single dwelling unit shall be owner-occupied. A covenant agreement, which shall run with the land, shall be recorded prior to occupancy, prohibiting the sale of the JADU separate from the sale of the primary single dwelling unit and restricting the size and attributes of the JADU to conform to the requirements of this section and Government Code section 66310 et seq.
6. 
Parking shall be required as set forth in Section 11-11-13.
(Ord. 24-0378, 12/9/2024)
A. 
No accessory structure shall be constructed on a lot until construction of the primary structure has begun, and no accessory structure shall be used unless the primary structure on the lot is also being used.
B. 
An accessory structure erected as an integral part of the primary structure shall comply in all respects with the use, yard and height requirements applicable to the principal structure.
C. 
Set-Back and Height Requirements in Agricultural, Commercial & Industrial, Public Institution, Park & Open Space Zones.
1. 
Accessory structures shall conform to the height requirements in the applicable zone and shall be located at the rear portion of a property.
2. 
An accessory structure may be located in the required rear yard setback provided that all of the following requirements are met:
a. 
The accessory structure is located no closer than 10 feet from the principal structure;
b. 
The accessory structure occupies no more than 40% of the required rear yard; and
c. 
The accessory structure does not exceed a height of 12 feet.
3. 
This subsection applies to agricultural, commercial and industrial, public/institution, park and open space zones in Chapters 5, and 7-9.
D. 
Setback and Height Requirements in Residential Zones.
1. 
Accessory structures shall conform to the front-yard setback regulations of the zone.
2. 
Accessory structures shall not exceed 24 feet in height or the height requirement of the zone, whichever is less.
3. 
An accessory structure may be located in the required rear-yard setback provided that all of the following requirements are met:
a. 
Accessory structures shall be located to provide the following minimum distance between the accessory structure and the property line:
Table 11.13
Accessory Structure Height
Minimum Distance from Rear Property Line
9 feet or less
No minimum distance, provided any ornamental features, including, but not limited to, sills, buttresses, cornices, and eaves, shall not extend over the property line or cause water to flow across the property line
Greater than 9 feet but not greater than 12 feet
5 feet
Greater than 12 feet
10 feet
b. 
Accessory structures shall not impede fire access and shall be placed such that:
i. 
A corridor with a minimum width of three feet is unobstructed from the ground to the sky; and
ii. 
There is a minimum distance of three feet between adjacent accessory structures.
c. 
All accessory structures in the rear yard shall collectively occupy no more than 40% of the required rear-yard setback.
4. 
An accessory structure may be located in the side-yard setback provided that all of the following requirements are met:
a. 
Accessory structures shall be located to provide the following minimum distance between the accessory structure and the property line:
Table 11.14
Accessory Structure Height
Minimum Distance from Side Property Line
9 feet or less
No minimum distance, provided any ornamental features, including, but not limited to, sills, buttresses, cornices, and eaves, shall not extend over the property line or cause water to flow across the property line
Greater than 9 feet but not greater than 12 feet
5 feet
Greater than 12 feet
10 feet
b. 
Accessory structures shall not impede fire access and shall be placed such that:
i. 
A corridor with a minimum width of three feet is unobstructed from the ground to the sky; and
ii. 
There is a minimum distance of three feet between adjacent accessory structures.
c. 
The cumulative total square footage of all accessory structures in the side yard shall not exceed 200 square feet in each side yard.
5. 
This subsection applies to all zones in Chapter 6, Title 11 of this zoning code.
E. 
This section applies to accessory structures, including accessory structures requiring zoning clearance pursuant to section 11-16-4, and/or a building permit pursuant to section 10-1-4(G). Accessory structures that are exempt from building permits shall be exempt from this section.
F. 
Cargo Containers as Accessory Structures. The use of cargo container (also referred to as "seatrains" or shipping containers) is defined as a prefabricated metal structure designed for use as an enclosed truck trailer in accordance with Department of Transportation (DOT) standards, shall be prohibited for use as accessory structures in all residential zones.
(Ord. 24-0378, 12/9/2024)
Agricultural employee housing serving six or fewer persons and conforming to the following criteria, shall be subject to a zoning clearance.
A. 
Persons having the right to occupy employee housing shall be restricted to individuals engaged in agricultural occupations consistent with the standards and limitations prescribed in the employee housing act and its implementing regulations;
B. 
The physical attributes of design shall conform to the development standards of the underlying zone district (i.e., building height, lot coverage, setbacks, etc.) and objective standards; and
C. 
Off-street parking shall be provided consistent with multi-unit dwelling units in section 11-11-13.
D. 
Employee Housing in the Agricultural Tourist zone. Proposed housing that is less than 12 units or 36 beds in compliance with Health and Safety Code sections 17021.5 and 17021.6 shall be permitted by right, with no development permit required.
(Ord. 24-0378, 12/9/2024)
A. 
Purpose. The following regulations are intended for animal keeping as allowed in residential zones as shown in Chapters 5 through 9 of this zoning code.
B. 
Exemption of Commercial Purposes. Sale of animals raised on site in connection with charitable 501(c)3 organizations, or public or private school sponsored organizations is not considered commercial purposes.
C. 
Number of Animals. One horse, mule, goat, cow, swine or other similar size animal shall be permitted for each 20,000 square feet of gross area on each lot provided that not more than three swine or five such other animals shall be permitted on any lot. In no case shall said animals be kept for commercial purposes.
D. 
Enclosures. No stable, barn or other large animal enclosure (i.e., paddock) shall be located on a lot, excluding a combination of lots, having a gross area of less than 20,000 square feet. No portion of a stable or barn shall be located closer than: (1) 40 feet to the door or window of any dwelling on another lot; (2) 30 feet to the right-of-way; (3) 15 feet from the rear property line; and (4) 10 feet from the side property lines.
E. 
Number of Dogs. No more than three adult dogs are permitted on any one property.
F. 
Small animals (e.g., chickens, birds, ducks, rabbits, bees, etc.) shall be permitted provided that:
1. 
Such small animals are for the domestic use of the residents of the lot only and are not kept for commercial purposes;
2. 
The keeping of such small animals is not injurious to the health, safety or welfare of the neighborhood and does not create offensive noise or odor as determined by the planning manager; and
3. 
Enclosures for such small animals shall be no closer than 25 feet to any dwelling.
(Ord. 24-0378, 12/9/2024)
A. 
This section provides standards for the operation of a day care center, small family day care home and large family day care home. These standards apply in addition to the other provisions of this zoning code and requirements imposed by the California Department of Social Services (DSS). DSS licensing is required for all facilities.
B. 
Permit Requirement. A development permit shall be required, except as provided in subsection C of this section to ensure compliance with this section and may include conditions requiring compliance with all applicable building codes, fire codes, and operator licensing. Such a development permit shall be denied, granted or granted with conditions by the planning manager and shall not require planning commission approval.
C. 
Large and Small Family Day Care Homes. Large and small family day care homes shall be considered a residential use pursuant to this section, provided that the provider has obtained a license or a statement of exemption from licensing requirements from the DSS pursuant to Health and Safety Code section 1597.05 and shall only require a zoning clearance.
D. 
Day Care Center Application requirements. The following shall be included in each application for day care centers in addition to all standard requirements for consideration of the required permit, and shall not apply to family day care homes:
1. 
Facility Characteristics. The application shall indicate the number of children to be cared for, the number of employees, hours of operation and outdoor playtime. The application and site plan shall clearly show compliance with applicable standards.
2. 
Site Plan. A site plan showing the location and dimensions of existing or proposed structures, including fencing, outdoor play structures and equipment, distance to property line, parking areas and number of spaces, including on-site spaces and off-site spaces contiguous to property lines, and access and traffic circulation.
3. 
Circulation Plan. An accurate traffic circulation plan showing parking, circulation, and onsite drop-off/pick-up areas/spaces.
E. 
Day Care Center Development Standards. A day care center shall comply with the following standards.
1. 
Play Areas. Required outdoor play areas shall be located a minimum of 10 feet from any public right-of-way.
2. 
Parking, Drop-Off/Pick-Up Area. Required parking and drop-off/pick-up areas shall be designed to satisfy the following:
a. 
The minimum number of parking spaces for employees and visitors shall be provided as required by section 11-11-13 and shall be located on the same development site as the facility.
b. 
The minimum number of parking spaces for drop-off/pick-up shall be provided as required by section 11-11-13 and shall be located within proximity to the main entrance of the facility. No designated drop-off/pick-up area shall require the user to cross a drive aisle. A sidewalk adjacent drop-off/pick-up area using an assigned curb designation that provides the same number of parking spaces may be utilized at the discretion of the city engineer.
(Ord. 24-0378, 12/9/2024)
Emergency shelter uses shall comply with the following criteria:
A. 
Not more than 15 persons, exclusive of staff, shall be permitted on the site if the proposed shelter is located on a lot or parcel of land of less than 20,000 square feet. On lots larger than 20,000 square feet, the maximum number of persons, exclusive of staff, shall be 30.
B. 
Parking shall be consistent with section 11-11-13.
C. 
Emergency shelters shall be allowed subject to zoning clearance.
D. 
The facility must conform to all standards identified in California Government Code section 65583(a)(4)(B).
E. 
Emergency shelters are to be available to residents for no more than 180 days (six months). Extensions up to a total of 24 months may be provided if no alternative housing is available.
F. 
The shelter shall be operated by a responsible agency or organization with experience in managing or providing social services. On-site management and appropriate security shall be provided at all times.
(Ord. 24-0378, 12/9/2024)
A. 
Solar Energy Systems.
1. 
Definitions. The following definitions shall apply to section 11-12-8(A):
"Solar Energy System"
shall have the same meaning as provided in the Solar Rights Act, Civil Code section 801.5(a), as the same may be amended from time to time.
"Specific, Adverse Impact"
means a significant, quantifiable, direct and unavoidable impact, based on objective, identified and written public health or safety standards, policies, or conditions as they exist on the date the application was deemed complete.
2. 
Building Permit Application. Applicants shall apply to the building official for a building permit for all solar energy systems. A building permit or use permit consistent with this section and with Government Code section 65850.5 must be obtained prior to installation of any solar energy system. Small rooftop residential solar energy systems may be eligible for expedited review pursuant to section 10-4-1 of this code.
3. 
Application Review. Consistent with section 65850.5 of the California Government Code, the building official shall review the application for a solar energy system to determine whether it meets all health and safety requirements of local, state, and federal law necessary to ensure that the solar energy system will not have a specific, adverse impact on public health or safety. Such requirements include, but are not limited to:
a. 
Solar heating systems may be used for the heating of any new swimming pool, spa or hot tub in compliance with the California Plumbing Code and shall be certified by an accredited listing agency as defined in the California Plumbing and Mechanical Codes.
b. 
A solar energy system for producing electricity shall meet all applicable safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability.
c. 
All solar energy system applications shall reference the requirement to notify the appropriate regional notification center of an excavator's intent to excavate, pursuant to Government Code section 4216 et al. before conducting any excavation related to installation of the solar energy system.
4. 
Administrative Approval. The building official shall issue a building permit for all solar energy systems for which the building official determines the solar energy system meets all health and safety requirements of local, state, and federal law necessary to ensure that the solar energy system will not have a specific, adverse impact on public health or safety, including criteria enumerated in section 11-12-8(A)(3).
5. 
Discretionary Approval. If the building official finds, based on substantial evidence, that the solar energy system could have a specific, adverse impact on public health and safety, a use permit shall be required. The building official may issue a use permit with appropriate mitigation consistent with section 11-12-8(A)(6) or may deny the application consistent with section 11-12-8(A)(7).
6. 
Mitigation. The building official may impose conditions on a solar energy system subject to a use permit to mitigate specific, adverse impact on the public health and safety at the lowest possible cost.
7. 
Findings for Denial. The building official shall deny an application for a solar energy system if the building official determines in written findings based on substantial evidence in the record that: (a) the proposed installation would have a specific, adverse impact on public health or safety; and (b) there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. The findings shall include the basis for rejection of potential feasible alternatives of preventing the specific adverse impact.
8. 
Appeal to the Planning Commission. A decision of the building official on an application for a solar energy system may be appealed to the planning commission.
B. 
Oil and Gas Facilities. No oil and gas drilling, exploratory or production shall be permitted within 500 feet of the surface of the ground. No oil or gas separation plant, oil or gas treatment and processing plant and no oil or gas refinery shall be permitted within the city.
C. 
Cogeneration Facilities. No cogeneration facilities shall be permitted within the city.
D. 
Wind Energy Systems. No wind systems, wind turbines or wind farms shall be permitted within the city.
(Ord. 24-0378, 12/9/2024)
A. 
Shared Living Arrangements. Shared living arrangements, including all of the following: supported housing, transitional housing, residential care facilities, residential care facilities for the elderly, assisted living, independent living centers/senior apartments, life care facilities and other housing types whether licensed facilities, or non-licensed facilities may be occupied without regard to familial status, disability or other population segment stipulated in fair housing statutes.
B. 
Nondiscrimination. No project shall be denied, nor shall any condition be imposed on a project over which the city has discretionary approval with regard to familial status, disability or other population segment stipulated in fair housing statutes.
(Ord. 24-0378, 12/9/2024)
A. 
Permit Requirement and Findings. A filming permit for the use as background for commercial motion pictures or television of any property regulated by this title may be approved by the planning manager upon written application of the owner of the property or authorized representative, if the planning manager finds that the use will not be detrimental to the public safety, health or welfare.
B. 
Permit Application. The application shall set forth the following information:
1. 
The location of the property;
2. 
The name of the owner of the property;
3. 
The name and address of the filming company;
4. 
The name of a representative of the filming company who will be on the property during the filming and responsible for compliance with any conditions imposed by the planning manager;
5. 
The dates of the filming;
6. 
The hours of the filming;
7. 
The methods of illumination; and
8. 
The plans for parking the motor vehicles and equipment of the filming company.
C. 
Reasonable Conditions. The planning manager shall have the right to impose reasonable conditions upon the said location filming in order to protect and preserve the public safety, health or welfare.
D. 
Appeal. The applicant or any property owner, whose property is adversely affected by any decision of the planning manager pursuant to this section, may appeal the decision to the city council as set forth in Chapter 1-6.
(Ord. 24-0378, 12/9/2024)
A. 
Purpose. This section establishes procedures and standards for home occupation permits for legal commercial enterprises conducted by an occupant(s) of a dwelling as specified in this section. These activities may be acceptable if reviewed and appropriately conditioned in compliance with this section.
B. 
Applicability. The home occupation permit is intended to permit and regulate home occupations that are conducted within a legally established dwelling. The home occupation permit is only valid for the person to whom it is issued at the address specified in the application.
C. 
Review Authority.
1. 
The planning manager is authorized to issue home occupation permits. The planning manager or their designee shall approve, conditionally approve, or deny home occupation permits.
2. 
In conjunction with the home occupation permit, the applicant shall obtain and maintain a Business Certificate in compliance with Title 3 of the Solvang Municipal Code.
D. 
Application Requirements. An application for a Home Occupation Permit shall be prepared, and filed pursuant to the application and checklist provided by the planning manager. It is the responsibility of the applicant to provide evidence in support of the findings required by subsection I below.
E. 
General Standards. Home occupations shall conform to the following standards:
1. 
The home occupation shall be an accessory use to the full-time use of the property as a residence.
2. 
A home occupation may have a maximum of one employee on site in addition to the full-time residents of the dwelling.
3. 
No home occupation activity shall occupy more than 25% of the total floor area of the dwelling, or a maximum of 500 square feet, whichever is less. A garage or detached accessory structure may be used for home occupation purposes only if the required off-street parking spaces are continually maintained.
4. 
There shall be no signs posted on the property associated with the home occupation.
5. 
There shall be no window display, outdoor storage, or display of equipment, materials, or supplies associated with the home occupation.
6. 
There shall be no motor vehicles used or kept on the premises associated with the home occupation, except the residents' passenger vehicles and/or one commercial vehicle not exceeding an unladen weight of 4,500 pounds. Such commercial vehicle shall be parked on site (i.e., the vehicle shall not be parked on the street) within an allowed parking area. No additional vehicles associated with the home occupation are permitted on or off site.
7. 
No home occupation activity shall create or cause a hazard or nuisance, including, but not limited to, hazards and/or nuisances related to dust, electrical interference, fumes, gas, glare, light, noise, odor, smoke, toxic/hazardous materials, or vibration, as determined by the planning manager.
8. 
Activities conducted and equipment or materials used shall not change the fire safety or occupancy classifications of the property. The use shall not employ the storage of explosive, flammable, or hazardous materials beyond those normally associated with a residential use.
9. 
The use shall not require any exterior modifications to the structure not customarily found in a dwelling, nor shall the home occupation activity be visible from a public street or surrounding properties.
F. 
Permitted Uses. The following uses shall be considered permitted upon the issuance of a home occupation permit:
1. 
Office-only uses (i.e., professional services, electronic commerce, etc.) where the business activity typically includes phone calls, use of computers, and paperwork.
2. 
Arts and crafts work (i.e., small handcrafted items, painting, photography, etc.).
3. 
Repair of small non-hazardous items (i.e., sewing, jewelry, clocks, computer repair, etc.) for mobile businesses where customers do not visit the dwelling.
4. 
Music, dance, physical and educational instruction limited to one student at a time and no more than three classes per day between the hours of 7:00 a.m. and 8:00 p.m. conducted within the residence (i.e., not within a garage, accessory structure or outdoors).
5. 
Other uses similar to the above uses as determined by the planning manager.
G. 
Prohibited Uses. The following uses shall be prohibited:
1. 
On-site sales of products or services, unless otherwise specifically allowed in this section.
2. 
Automotive and other vehicle repair (i.e., boats, motorcycles, trucks, etc.) and services (body or mechanical), detailing, painting, storage, or upholstery.
3. 
Welding and machine shop operations, except on properties larger than 20,000 square feet in size.
4. 
Personal services and personal services, restricted (as defined in Chapter 3 Definitions).
5. 
Uses that require explosives, highly combustible materials, or toxic materials.
6. 
Carpenter, wood working, or cabinet making, except on properties larger than 20,000 square feet in size.
7. 
Wood cutting businesses.
8. 
Medical and dental offices.
9. 
Veterinary clinics, animal hospitals and animal boarding.
10. 
Construction contractor facilities and/or outside storage. An office only use is allowed in compliance with subsection (F)(1) in this section.
11. 
Adult-oriented businesses (refer to Chapter 11-14).
12. 
Other uses determined by the planning manager to be similar to those listed above and/or not compatible with residential uses.
H. 
Notice and Hearing. A public notice and hearing shall not be required for the planning manager's decision on a home occupation permit.
I. 
Findings. The planning manager may approve a home occupation permit subject to all of the following findings:
1. 
The proposed use complies with all applicable requirements of this section.
2. 
The proposed use is compatible with the surrounding residential uses.
3. 
The proposed use is clearly an accessory use to the primary use as a full-time residence.
4. 
The proposed use does not alter the residential character of the dwelling and property.
5. 
The proposed use will not constitute a hazard to the public, health, safety, or welfare.
(Ord. 24-0378, 12/9/2024)
A. 
Purpose. This section provides standards for the development of new live/work units and for the reuse of existing commercial and industrial structures to accommodate live/work opportunities where allowed by Chapters 5 through 9 of this zoning code.
B. 
Permits Required. A Conditional Use Permit (CUP) approval is required for a live/work unit project.
C. 
Limitations on Use. The nonresidential component of a live/work project shall consist of a use allowed within the applicable zone. A live/work unit shall not be established or used in conjunction with any of the following activities:
1. 
Adult-oriented businesses;
2. 
Storage of flammable liquids or hazardous materials beyond that normally associated with a residential use;
3. 
Welding, machining, or any open flame work; and
4. 
Any other activity or use determined by the planning manager to be incompatible with residential activities and/or to have the possibility of affecting the health or safety of live/work unit residents because of the potential for the use to create dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or other impacts, or because the use would be hazardous due to the materials, processes, products, or wastes associated with the use.
D. 
Density. Live/work units in commercial zones shall not exceed the maximum density allowed in the applicable zone.
E. 
Occupancy Requirement. The residential space within a live/work unit shall be occupied by at least one individual employed by the business conducted within the live/work unit.
F. 
Floor Area Requirements. The minimum net total floor area of a live/work unit shall be 500 square feet.
G. 
Design Standards.
1. 
Building Form and Design. Building form and design shall be subject to all objective design standards in the applicable zone or established overlay zone.
2. 
Separation and Access. Each live/work unit shall be separated from other live/work units and other uses in the structure. Access to each live/work unit shall be provided from a public street, or common access areas, corridors, or halls.
3. 
Commercial Uses. In commercial and industrial zones, the commercial area shall be adjacent and oriented to the primary street frontage to emphasize the commercial activity towards the street.
4. 
Mixed Occupancy Structures. If a structure contains mixed occupancies of live/work units and other nonresidential uses, occupancies other than live/work shall meet all applicable requirements for those uses, and proper occupancy separations shall be provided between the live/work units and other occupancies, as determined by the building official.
H. 
Operating Requirements.
1. 
Sale or Rental of Portions of Unit. No portion of a live/work unit may be separately rented or sold as a commercial or industrial space to any person not living in the premises, nor may any portion of a live/work unit be separately rented or sold as a residential space to any person not working in the same unit.
2. 
Hours of Operation. The hours of operation of the business in a live/work unit shall be restricted to 7:00 a.m. to 10:00 p.m., except for passive activity that produces noise levels that are below the maximum acceptable levels in compliance with the city noise standards contained in Solvang Municipal Code Section 6-2-7.
3. 
Work Area. All business operations shall be conducted within the building interior. No outdoor storage shall be allowed unless authorized by a conditional use permit.
4. 
Notice to Occupants. The owner or developer of any structure containing live/work units shall provide written notice to all live/work occupants and users that the surrounding area may be subject to levels of dust, fumes, noise, or other effects associated with commercial and industrial uses at higher levels than would be expected in more typical residential areas. Noise and other standards shall be those applicable to commercial or industrial properties in the applicable zone.
5. 
Nonresident Employees. Up to two persons who do not reside in the live/work unit may work in the unit, unless such employment is restricted by the conditional use permit. The employment of three or more persons who do not reside in the live/work unit may be allowed, subject to conditional use permit approval, based on an additional finding that the employment will not adversely affect parking in the immediate vicinity of the unit.
6. 
Client and Customer Visits. Client and customer visits to live/work units are allowed subject to any applicable conditions of a conditional use permit to ensure compatibility with adjacent commercial or industrial uses, or adjacent residentially zoned areas.
I. 
Changes in Use. After approval, a live/work unit shall not be converted to either entirely residential use or entirely business use, to which such use is allowed under the applicable zone unless authorized by a conditional use permit.
J. 
Required Findings. The approval of a conditional use permit for a live/work unit shall require that the review authority make all of the following findings, in addition to those findings required for conditional use permit approval (section 11-16-6):
1. 
The proposed use of each live/work unit is compatible with residential activities and will not affect the health or safety of the live/work unit residents consistent with subsection B; and
2. 
The establishment of live/work units will not conflict with or inhibit commercial or industrial uses in the area where the project is proposed; and
3. 
In industrial zones, a live/work project will not result in an overconcentration of dwellings that could potentially limit the available land for manufacturing or other job generating uses.
(Ord. 24-0378, 12/9/2024)
Notwithstanding anything to the contrary in this zoning code, no cannabis uses as defined in Section 5-4-2 of the Solvang Municipal Code, other than medical cannabis uses, shall be a permitted use in any zone of the city. No conditional use permit shall be issued permitting cannabis uses other than medical cannabis uses. Medical cannabis uses, as defined and regulated in Title 5, Chapter 4 of the Solvang Municipal Code are allowed only in the CH zone.
(Ord. 24-0378, 12/9/2024)
Where permitted, mobile homes which are certified under the National Manufactured Home Construction and Safety Standards Act of 1974 (42 USC section 5401 et seq.) and constructed on a permanent foundation system, pursuant to Health and Safety Code section 18551, shall be subject to the following requirements:
A. 
Development Standards. The following development standards shall apply:
1. 
Roofing and siding shall be non-reflective.
2. 
Siding shall extend to the ground level.
3. 
Only one mobile/manufactured home per legal lot with the exception of the MHR zone.
B. 
Temporary Use of Mobile/Manufactured Homes as Offices. Mobile homes which have been converted for use as construction offices, tool storage or for particular work such as electrical shops, cabinet shops and other similar uses and which are not used for human habitation during the night are permitted to be maintained on a building site upon issuance of a temporary use permit (Refer to section 11-16-8) during periods of construction of buildings thereon, provided:
1. 
Building permits have been issued and are active for the buildings; and
2. 
Mobile homes shall be promptly removed upon completion of construction.
C. 
Temporary Use of a Mobile/Manufactured Home as a Temporary Living Quarter. During periods of construction of buildings upon building sites, a mobile home usable for or designed for human habitation may be maintained on such site for use as an on-site overnight security quarters subject to the issuance of a temporary use permit under section 11-16-8 of this zoning code, provided:
1. 
Building permits have been issued and are active for the buildings;
2. 
Only one such mobile home shall be permitted on a site; and
3. 
The mobile home shall be promptly removed upon completion of construction or within one year after placement on the site, whichever is earlier.
(Ord. 24-0378, 12/9/2024)
No person shall sell, provide or serve consumable goods, such as food and beverages, and/or provide or sell non-consumable goods to the general public from a motor vehicle, as defined in the California Vehicle Code, or from any other conveyance, whether motorized or not, on private property in any zone in the city, unless such use is permitted under a special event permit issued pursuant to the applicable provisions of this zoning code.
(Ord. 24-0378, 12/9/2024)
A. 
Purpose. This section provides standards for night clubs where allowed by Chapter 5 through 9 of this zoning code. The standards of this section do not apply to live entertainment associated with adult-oriented businesses (Chapter 11-14), nor live entertainment that is an ancillary use to either a restaurant, winery, wine tasting, or microbrewery, provided the use meets the definitions established in Chapter 3.
B. 
Permit Requirements. A night club requires the approval of a conditional use permit by the review authority.
C. 
Operating Standards. The following shall be minimum operating standards for night clubs. These standards may be modified by the review authority.
1. 
Night clubs shall not conduct any business, public dance, club/association dance, or cabaret dance between the hours of 1:00 a.m. and 10:00 a.m.
2. 
The number of persons allowed in the specified premises where night club is allowed shall not exceed those prescribed in the minimum standards, rules and regulations that have been formally adopted by the State Fire Marshal for the protection of life and property against fire nor shall the number exceed those prescribed in adopted California Building Code and Fire Codes.
3. 
A security plan shall be submitted and reviewed by the Santa Barbara County Sheriff's Office.
4. 
There shall be no private rooms or booths of any kind in any place or premises, except for the toilet facilities and the office room to which the patrons shall have no access.
5. 
All premises where any public dance, club/association dance, cabaret dance or teenage dance is taking place shall be open for inspection by any state, county or city official at any time without advance notice.
(Ord. 24-0378, 12/9/2024)
In any CR or CH zone, the operator of an existing retail store, shop or establishment may apply for a temporary use permit for a parking lot sale. If the proposed sale, when added together with the establishment's other parking lot sales within the same calendar year, exceeds four days, a conditional use permit shall be required.
(Ord. 24-0378, 12/9/2024)
The following regulations apply to recreational vehicles parked or stored in residential zones, as defined by Chapter 6.
A. 
Use as Living Quarters. It is unlawful to utilize a recreational vehicle as a dwelling unit.
B. 
Location. It is unlawful to store or park a trailer or a recreational vehicle within the front setback, side setback, or side street setback of residential use.
C. 
Screening. A recreational vehicle shall be screened from abutting streets by a six foot-high solid fence.
D. 
Long Term Storage. Long-term parking or storage of registered vehicles is allowed in the rear portion of a property, provided the long term storage is consistent with the following:
1. 
Parking or storage of recreational vehicles is prohibited in the front setback.
2. 
Long term storage of registered vehicles is located outside of the side and rear yard setback;
3. 
Long term storage of registered vehicles shall not be located in a manner as to impede safe entry to or exit from any residential structure; and
4. 
Long term storage of registered vehicles is screened from view by other lots and the public right-of-way with a six foot solid fence.
E. 
Other Recreational Vehicles. It is unlawful to store unregistered, junked or derelict, or inoperable recreational vehicles; vehicles; trailers; farm, construction, or industrial equipment, or boats in residential zones.
(Ord. 24-0378, 12/9/2024)
A. 
Walk-Up Food Service Windows. No new or expanded walk-up food service window shall be permitted in the Village Mixed Used (VMU) zone on the following streets: Copenhagen Drive, Mission Drive, Alisal Road. This prohibition includes walk-up food service windows fronting on primary public streets, as determined by the planning manager. Notwithstanding the foregoing, walk-up food service windows which provide service to outdoor patios and seating areas on private property, or fronting alleys and secondary streets are permissible in the VMU zone if, in the determination of the planning manager, the following criteria are met:
1. 
Adequate space shall be provided for customers in line at the walk-up food service window so that customers in line will not block public sidewalks or be in line on public property. Space for a line to a walk-up food service window is considered adequate when it is located entirely on private property within an outdoor patio or seating area and is a minimum of 10 feet long by five feet wide.
2. 
Any seating provided in an outdoor patio or seating area served by the walk-up food service window shall not block customers standing in line.
3. 
The walk-up food service window and the patio or seating area served by the walk-up food service window shall meet all applicable disability access standards consistent with the California Building Code in effect at the time of building permit issuance.
B. 
Drive-Through Facilities. No new or expanded drive-through facility shall be permitted in any zone of the city. Existing financial institution drive-through facilities may be modified to incorporate an automated teller machine (ATM) into the current operation, provided all other drive-through facilities on the site are eliminated.
C. 
Formula Restaurants. No new or expanded formula restaurant shall be permitted in the Village Mixed-Use (VMU) zone.
(Ord. 24-0378, 12/9/2024)
A. 
Definitions. As used in this section:
1. 
Transient. Has the same meaning as set forth in section 3-2-1 of the Solvang Municipal Code.
2. 
Vacation Rental. Any structure, as defined in the Building Code adopted in Title 10, Chapter 1 of the Solvang Municipal Code, which exists, is constructed, or which is maintained or used upon any premises for the purpose of transient lodging.
B. 
Application Process. Persons wishing to use a structure as a vacation rental shall do all of the following:
1. 
Complete a vacation rental certificate request form, which form shall be provided by the planning manager.
2. 
Submit the following information in support of a vacation rental certificate:
a. 
The name, address and telephone number of the property owner and a contact person/entity that can be reached via telephone 24 hours a day, seven days a week, to respond to complaints regarding the use of the vacation rental. The contact person/entity shall reside or maintain a physical business address within 25 miles of the vacation rental. A post office box or private mail drop address shall not be deemed to comply with the requirement of maintaining a residence or physical business address. An owner of a vacation rental who resides within a 25 mile radius of the vacation rental unit may designate him or herself as the contact person. Any change in the contact person's address or telephone number shall be promptly furnished to the city.
b. 
A scaled site plan and floor plan including bedroom locations and dimensions, parking locations and dimensions.
c. 
A copy of the proposed notice setting forth the name, address, and telephone number of the contact person required in subsection (B)(1)(a) of this section shall be posted inside the vacation rental unit.
d. 
Proof of written notification to all property owners within 100 feet of any point on the property containing the vacation rental, describing the proposed vacation rental use, including the number of separate vacation rental units, the number of on-site parking spaces and the telephone number of the contact person/entity set forth in subsection (B)(2)(a) of this section.
e. 
Evidence of a valid transient occupancy registration certificate issued by the tax administrator for the vacation rental pursuant to section 3-2-4 of the Solvang Municipal Code.
f. 
Acknowledgment that the owner and contact person/entity, if any, have read all this chapter, and acknowledgement of their responsibility to assist in enforcement for payment of transient occupancy taxes.
g. 
A proposed limitation for the number of overnight and daytime guests.
h. 
Such other information as the planning manager deems reasonably necessary to administer this chapter.
C. 
Vacation Rental Standards.
1. 
Each vacation rental shall provide the number of parking spaces required under section 11-11-13 for short-term/vacation rentals.
2. 
Each vacation rental shall provide for garbage removal as required by the Solvang Municipal Code.
D. 
Ongoing Requirements for Vacation Rental Operation.
1. 
The operator of the vacation rental shall, at all times while the property is being used as a vacation rental, maintain a contact person/entity that can be reached via telephone 24 hours a day, seven days a week, to respond to complaints regarding the use of the vacation rental. The contact person shall respond, either in person, or by return telephone call, within three hours of a complaint, and the contact person shall provide the complaining party a proposed resolution to the complaint.
2. 
The operator or contact person/entity shall use best efforts to ensure that the occupants and/or guests of the vacation rental do not create unlawful noise or disturbances, engage in disorderly conduct, or violate provisions of this zoning code or any state law pertaining to noise or disorderly conduct, by notifying the occupants of the rules regarding vacation rentals and responding in person when notified that occupants are violating laws regarding their occupancy. Notwithstanding the retention of a separate contact person/entity, the owner of the vacation rental is responsible for compliance with the provisions of this chapter and the failure of an agent, representative, or contact person to comply with this chapter shall be deemed noncompliance by the owner.
3. 
The operator of the vacation rental shall annually, not later than December 31 of each year:
a. 
Notify in writing all property owners within 100 feet of any point on the property containing the vacation rental, that the property will continue to be used as a vacation rental, or if the vacation rental has been returned to use as a private residence; and
b. 
Provide in writing to all property owners within 100 feet of any point on the property containing the vacation rental the name, address and telephone number of the contact person required in subsection (D)(1) of this section.
4. 
A written notice shall be conspicuously posted inside each vacation rental unit setting forth the name, address and telephone number of the contact person required in subsection (D)(1) of this section. The notice shall also set forth the maximum number of occupants permitted to stay overnight in the unit, the maximum number of vehicles allowed to be parked on site, and the day(s) established for garbage collection. The notice shall also provide the non-emergency telephone number of the Solvang sheriff's department.
5. 
Any advertising of the vacation rental shall include the vacation rental permit number provided by the city. No signs may be posted at the vacation rental.
6. 
The number of overnight and daytime guests shall be in accordance with the approved numbers on the vacation rental certificate. The number of overnight guests shall be limited to two adults per bedroom and two adults occupying another space in the unit. Daytime guests should not exceed twice the amount of overnight guests.
7. 
Special events (i.e., weddings and celebrations) at a vacation rental shall be limited to three per calendar year, and are subject to written approval and conditions established by the planning manager.
E. 
Permissible Locations.
1. 
This section is intended to apply to the Village Mixed-Use (VMU) zone.
2. 
Vacation rentals shall be allowed on the south side of Copenhagen Drive east of Fifth Street only at the properties addressed as follows:
1506 Copenhagen Drive
1510 Copenhagen Drive
1514 Copenhagen Drive
1518 Copenhagen Drive
1522 Copenhagen Drive
1524 Copenhagen Drive
1532 Copenhagen Drive
1540 Copenhagen Drive
1546 Copenhagen Drive
3. 
Residential units within a project that utilize State Density Bonus consistent with section 11-11-16 shall not be eligible to obtain vacation rental permits.
F. 
Violations and Enforcement.
1. 
It is unlawful and a misdemeanor for any person to construct for vacation rental use, to convert to vacation rental use, to offer to another for vacation rental use, or to occupy as a vacation rental use any portion of any structure or facility without full compliance with this chapter.
2. 
In addition to, or in lieu of criminal sanctions set forth in subsection (E)(1) of this section, administrative penalties, including a notice of violation, shall be imposed, and permits shall be revoked, in the manner provided in this subsection (E)(2).
a. 
The planning manager shall conduct an investigation whenever there is reason to believe that an owner has failed to comply with the provisions of this chapter. Should the investigation reveal substantial evidence to support a finding that a violation occurred, the planning manager shall issue written notice of the violation and intention to impose a penalty and/or revoke the permit. The written notice shall be served on the owner and operator or agent and shall specify the facts which, in the opinion of the planning manager constitute substantial evidence to establish grounds for imposition of the penalties and/or revocation, and specify that the penalties will be imposed and/or that the permit will be revoked within 15 days from the date the notice is given unless the owner and/or operator files with the city clerk the fine amount and a request for a hearing before the city manager. The penalties for violations of this section shall be as follows:
i. 
Administrative penalty amounts shall be established by resolution of city council and shall not exceed the amounts authorized by Government Code section 53069.4 and Government Code section 36900(d).
ii. 
In addition to administrative penalties, the planning manager may suspend or revoke the permit as follows: For the first violation within any 12-month period, suspension of the permit for a period not to exceed three months. For a second violation within any 12-month period, suspension of the permit for a period not to exceed six months. For a third violation within any 12-month period, suspension of the permit for a period not to exceed one year.
b. 
If the owner requests a hearing within the time specified in subsection (E)(2)(a) of this section, the city clerk shall serve written notice on the owner and operator, by mail, of the date, time and place for the hearing which shall be scheduled not less than 15 days, nor more than 45 days of receipt of request for a hearing. The city manager may preside over the hearing or may designate a hearing officer to take evidence and submit proposed findings and recommendations to the city manager. The city manager shall impose the penalties or revoke the permit only upon a finding that a violation has been proven by a preponderance of the evidence, and that the penalty or revocation is consistent with the provisions of this section. The city manager shall render a decision within 30 days of the hearing and the decision shall be final.
3. 
The city manager or designee shall have the authority to impose additional conditions on any permit in the event of any violation of the conditions of the permit or the provisions of this section.
(Ord. 24-0378, 12/9/2024)
A. 
Definitions. For the purposes of this section, the following terms are specifically defined.
1. 
Association. A nonprofit corporation or unincorporated association created for the purpose of managing a common interest development.
2. 
Common Interest Development. Any of the following:
a. 
A community apartment project.
b. 
A condominium project.
c. 
A planned development.
d. 
A stock cooperative.
3. 
Electronic Submittal. The utilization of one or more of the following:
a. 
E-mail;
b. 
The internet;
c. 
Facsimile.
4. 
Reasonable Restrictions. Those restrictions on a solar energy system that do not significantly increase the cost of the system or significantly decrease its efficiency or specified performance, or that allow for an alternative system of comparable cost, efficiency, and energy conservation benefits.
5. 
Restrictions That Do Not Significantly Increase the Cost of the System or Decrease its Efficiency or Specified Performance.
a. 
For water heater systems or solar swimming pool heating systems: an amount exceeding 10% of the cost of the system, but in no case more than $1,000, or decreasing the efficiency of the solar energy system by an amount exceeding 10%, as originally specified and proposed.
b. 
For photovoltaic systems: an amount not to exceed $1,000 over the system cost as originally specified and proposed, or a decrease in system efficiency of an amount exceeding 10% as originally specified and proposed.
6. 
Small Residential Rooftop Solar Energy System. All of the following:
a. 
A solar energy system that is no larger than 10 kilowatts alternating current nameplate rating or 30 kilowatts thermal.
b. 
A solar energy system that conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the city and all state and city health and safety standards.
c. 
A solar energy system that is installed on a single-or duplex-family dwelling.
d. 
A solar panel or module array that does not exceed the maximum legal building height as defined by the city.
7. 
Solar Energy System. Either of the following:
a. 
Any solar collector or other solar energy device whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating, space cooling, electric generation, or water heating.
b. 
Any structural design feature of a building, whose primary purpose is to provide for the collection, storage, and distribution of solar energy for electricity generation, space heating or cooling, or for water heating.
8. 
Specific, Adverse Impact. A significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.
B. 
Purpose. The purpose of this section is to adopt an expedited, streamlined solar permitting process that complies with Government Code section 65850.5 to achieve timely and cost effective installations of small residential rooftop solar energy systems. This section encourages the use of solar systems by removing unreasonable barriers, minimizing costs to property owners and the city and expanding the ability of property owners to install solar energy systems. This section allows the city to achieve these goals while protecting the public health and safety.
C. 
Applicability.
1. 
This section applies to the permitting of all small residential rooftop solar energy systems in the city.
2. 
Small residential rooftop solar energy systems legally established or permitted prior to the effective date hereof are not subject to the requirements of this section unless physical modifications or alterations are undertaken that materially change the size, type, or components of a small rooftop energy system in such a way as to require new permitting. Routine operation and maintenance or like kind replacements shall not require a permit.
D. 
Solar Energy System Requirements.
1. 
All solar energy systems shall meet applicable health and safety standards and requirements imposed by the state and the city local fire department or district (and utility director, if applicable).
2. 
Solar energy systems for heating water in single-family residences and for heating water in commercial or swimming pool applications shall be certified by an accredited listing agency as defined by the California Plumbing and Mechanical Code.
3. 
Solar energy systems for producing electricity shall meet all applicable safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability.
E. 
Duties of Building Department and Building Official.
1. 
All documents required for the submission of an expedited solar energy system application shall be made available on the publicly accessible city website.
2. 
Electronic submittal of the required permit application and documents (by e-mail, the internet, or facsimile) shall be made available to all small residential rooftop solar energy system permit applicants.
3. 
An applicant's electronic signature shall be accepted on all forms, applications, and other documents in lieu of a wet signature. The city building department shall adopt a standard plan and checklist of all requirements with which small residential rooftop solar energy systems shall comply to be eligible for expedited review.
4. 
The small residential rooftop solar system permit process, standard plan(s), and checklist(s) shall substantially conform to recommendations for expedited permitting, including the checklist and standard plans contained in the most current version of the California Solar Permitting Guidebook adopted by the Governor's Office of Planning and Research.
5. 
All fees prescribed for the permitting of small residential rooftop solar energy system must comply with Government Code sections 65850.55, 66015, 66016, and Health and Safety Code section 17951.
F. 
Permit Review and Inspection Requirements.
1. 
The city building department shall adopt an administrative, nondiscretionary review process to expedite approval of small residential rooftop solar energy systems within 30 days of the adoption of this section. The building department shall issue a building permit or other nondiscretionary permit (the same day for over the counter applications or within one to three business days for electronic applications of receipt of a complete application) and meet the requirements of the approved checklist and standard plan. A building official may require an applicant to apply for a use permit if the official finds, based on substantial evidence, that the solar energy system could have a specific, adverse impact upon the public health and safety. Such decisions may be appealed to the planning commission.
2. 
Review of the application shall be limited to the building official's review of whether the application meets local, state, and federal health and safety requirements.
3. 
If a use permit is required, a building official may deny an application for the use permit if the official makes written findings based upon substantive evidence in the record that the proposed installation would have a specific, adverse impact upon public health or safety and there is no feasible method to satisfactorily mitigate or avoid, as defined, the adverse impact. Such findings shall include the basis for the rejection of the potential feasible alternative for preventing the adverse impact. Such decisions may be appealed to the planning commission. Any condition imposed on an application shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost.
4. 
"A feasible method to satisfactorily mitigate or avoid the specific, adverse impact" includes, but is not limited to, any cost effective method, condition, or mitigation imposed by the city on another similarly situated application in a prior successful application for a permit. The city shall use its best efforts to ensure that the selected method, condition, or mitigation meets the conditions of subparagraphs (A) and (B) of paragraph (1) of subdivision (d) of section 714 of the Civil Code defining restrictions that do not significantly increase the cost of the system or decrease its efficiency or specified performance.
5. 
The city shall not condition approval of an application on the approval of an association, as defined in section 4080 of the Civil Code.
6. 
If an application is deemed incomplete, a written correction notice detailing all deficiencies in the application and any additional information or documentation required to be eligible for expedited permit issuance shall be sent to the applicant for resubmission.
7. 
Only one inspection shall be required and performed by the building department for small residential rooftop solar energy systems eligible for expedited review.
8. 
The inspection shall be done in a timely manner and should include consolidated inspections. An inspection will be scheduled within two business days of a request and provide a two hour inspection window.
9. 
If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized but need not conform to the requirements of this section.
(Ord. 24-0378, 12/9/2024)
A. 
Swimming pools, spas and appurtenant structures shall be classified as accessory uses.
B. 
Pools, spas and appurtenant structures shall not be located in the required front or side yard setback area and shall not be closer than five feet of any other property line where there is no rear or side setback required.
C. 
Pools and spas shall be subject to further regulations as specified under the Title 10 of the Solvang Municipal Code.
(Ord. 24-0378, 12/9/2024)
A. 
Applicability. The specific regulations contained within this section shall apply to:
1. 
All oil transmission and distribution pipelines.
2. 
All gas transmission and distribution lines excluding public utility gas lines less than 12 inches in diameter.
3. 
Wastewater pipelines excluding those incidental to and located within an oil production lease area.
B. 
Processing. No permits for development, including grading, shall be issued except in conformance with an approved conditional use permit as provided in section 11-16-6. The following information, in place of the information listed in section 11-16-6, must be filed with an application:
1. 
A brief statement describing the proposed project.
2. 
A plot plan showing:
a. 
Property, easement and pipeline right-of-way boundaries.
b. 
Proposed road construction or modification.
c. 
Area to be used for construction.
d. 
Area to be used for access and maintenance during pipeline operation.
e. 
Existing roads, watercourses and pipelines within the pipeline right-of-way.
f. 
Location and type of existing and proposed structures within 50 feet of the pipeline right-of-way.
g. 
Proposed alteration of surface drainages.
3. 
A contour map showing existing and proposed contours.
4. 
Measures to be used to prevent or reduce nuisance effects, such as noise, dust, odor, smoke, fumes, vibration, glare and to prevent danger to life and property.
5. 
A revegetation and site restoration plan shall be prepared by the applicant which includes provisions for restoration of any biologically important habitats which will be disturbed by construction or operational. Said plan shall be subject to approval by the planning manager during project review.
6. 
Any other reasonable information as deemed necessary by the planning manager.
7. 
In addition, for oil and gas pipelines, an updated emergency response plan that addresses the potential consequences and actions to be taken in the event of hydrocarbon leaks or fires shall be submitted. The emergency response plan shall be approved by the city manager and fire department unless said plan has received previous approval by the Public Utilities Commission.
C. 
Findings Required for Approval. In addition to the findings for approval of a conditional use permit set forth in section 11-16-6, the review authority shall make the following finding: Considering the mitigation measures proposed by the applicant to minimize environmental impacts, there are no feasible alternative routes for the pipeline corridor that are less environmentally damaging.
D. 
Development Standards.
1. 
The following standards shall apply to all pipeline projects:
a. 
Except in an emergency, no materials, equipment, tools or pipes shall be delivered to or removed from a pipeline construction site through streets within any residential zone between the hours of 9:00 p.m. of one day and 7:00 a.m. of the next day.
b. 
After completion of backfilling and compacting of the pipeline ditch, the site shall be returned to grade where practical and the excess soil shall be removed to an appropriate disposal site.
c. 
During construction of the pipeline, there shall be no permanent blocking of surface drainages.
d. 
A pipeline corridor shall be sited so as to avoid significant impacts to resources (e.g., aquatic habitats, archaeological areas) to the maximum extent feasible.
e. 
Where pipeline segments carrying hydrocarbon liquids pass through sensitive resource areas (e.g., aquatic habitats) as identified by the project environmental review, provisions identified in the environmental review shall be applied to minimize the amount of liquids released in the sensitive areas in the event of a spill. The potential for damage in those areas shall be minimized by considering spill volumes, duration and trajectories in the selection of a pipeline corridor. In addition, appropriate measures for spill containment and cleanup (e.g., catch basins to contain a spill) shall be included as part of the required emergency response plan.
2. 
In addition, the following standards may be applied to the extent deemed necessary by the review authority:
a. 
A performance security shall be provided in an amount sufficient to ensure completion of all requirements of the approved revegetation and restoration plan and shall be released upon satisfactory completion.
b. 
Disturbed areas shall be jointly inspected by the applicant and city staff one year after completion of construction to assess the effectiveness of the revegetation and restoration program. This inspection shall continue on an annual basis to monitor progress in returning the site to preconstruction conditions or until no additional monitoring is deemed necessary to the planning manager. Inspection results shall be submitted annually to the planning manager and additional treatment of the site will be applied as deemed necessary by planning division.
c. 
Aboveground sections of the pipeline and related facilities excepting those placed on a temporary basis for a testing period not to exceed one year, shall be visually compatible with the present and anticipated surrounding by use of any or all of the following measures where applicable: buffer strips; depressions, natural or artificial; screen planting and landscaping continually maintained; and camouflage and/or blending colors.
d. 
Proposed facilities shall be designed and housed such that the noise generated by the facilities as measured at the property boundaries shall be equal to or below the existing noise level of the surrounding area except under temporary testing or emergency situations. Measures to reduce adverse impacts (due to noise, vibration, etc.) to the maximum extent feasible shall be used for facilities located adjacent to noise sensitive locations as identified in any applicable General Plan Noise Element.
(Ord. 24-0378, 12/9/2024)