This Chapter establishes procedures for allowing minor deviations from certain standards for specific situations because of the prescriptive nature of the standards and as allowed by State law. Depending on the unique characteristics and dimensions on an individual parcel, it is possible that the full development potential of the zone may not be achievable even after applying the allowed exceptions in this Chapter.
(Ord. 6170, 2/25/2025)
A. 
Applicability. This Section applies to all development proposed under the ODDS. The Review Authority is allowed to grant exceptions for only the standards identified in this section.
1. 
Exceptions are applied separately for design sites with 10 percent or less slope and with over 10 percent average slope. Average slope for a lot is calculated using the methodology in Section 30.15.030 (Determining Average Slope).
(a) 
Lots with an averages slope of 10 percent or less may request an exception in Table 25.07.020.A (Exceptions to Standards for Design Sites with 10% or Less Average Slope).
(b) 
Lots with an average slope over 10 percent may request an exception in Table 25.07.020.B (Exceptions to Standards for Design Sites with Over 10% Average Slope).
B. 
Review Authority. The Review Authority for exception requests shall be the Community Development Director, except for standards which affect visibility at driveways and intersections, or standards in the right-of-way shall be reviewed by the Public Works Director.
C. 
Application Requirements. Exception requests shall be reviewed and processed as follows:
1. 
If the development for which an exception is requested is being processed consistent with this chapter, the review procedure shall be the same as for the main project application.
2. 
Exception requests shall be accompanied from a written request by the applicant explaining the need for the exception and identifying all existing site conditions or features that prevent compliance with the specific standard.
3. 
Granting of an exception does not eliminate other standards not specified in Table 25.07.020.A (Exceptions to Standards for Design Sites with 10% or Less Average Slope) or Table 25.07.020.B (Exceptions to Standards for Design Sites with Over 10% Average Slope).
D. 
Findings. For the Review Authority to grant an exception, findings for the exception in Table 25.07.020.A (Exceptions to Standards for Design Sites with 10% or Less Average Slope) or Table 25.07.020.B (Exceptions to Standards for Design Sites with Over 10% Average Slope) are required.
E. 
Existing Site Condition. An existing site condition is a legally permitted building or structure constructed on the site with a final inspection or certificate of occupancy, or a natural feature that exists as of the date of initial application submittal.
1. 
For purposes of this chapter, existing site conditions that prevent compliance with a standard include, but are not limited to, the following:
(a) 
A mature tree with at least one trunk measuring four inches in diameter or greater at four feet six inches above grade in height and not planned for removal or alteration with a permit per Chapter 15.24 (Preservation of Trees).
(b) 
Utility infrastructure that is not required to be removed, relocated, or undergrounded per Section 22.38.030 (Service Connection Requirements).
(c) 
A structure, site, cultural landscape, or feature designated or eligible to be designated historically significant based on the criteria in Section 30.157.025 (Significance Criteria).
(d) 
Retaining wall necessary to retain or support soil.
(e) 
A watercourse identified on City of Santa Barbara Map Analysis and Printing System or any other map as may be adopted or established by ordinance.
2. 
The existing site condition used as a basis for requesting an exception shall not be removed or altered in their footprint.
Table 25.07.020.A: Exceptions to Standards for Design Sites with 10% or Less Average Slope
Administrative Relief Type
Findings/Criteria (All that Apply)
Allowed Administrative Relief and Conditions
Reference to Standard
1.
Design Site Dimensions
a.
Depth or Width
Decrease in the minimum required
i.
Existing site conditions prevent compliance with the design site dimension standards.
12" or 10% of the standard, whichever is greater.
Chapter 25.02 (Zones), Subsection B (Building Types and Design Site Size) of the Zone
ii.
A non-rectangular parcel shape results in less than the required depth or width for a design site, preventing compliance with the standard.
iii.
Dimensions of the existing lot, subdivided prior to January 1, 2025, do not meet the minimum requirements for any building type allowed in Subsection B of the Zone.
2.
Building Setbacks
a.
Front or Interior
Increase or decrease in the minimum or maximum required setback for a main building or wing
i.
Existing site conditions prevent compliance with the front setback standard.
12" or 10% of the standard, whichever is greater.
Chapter 25.02 (Zones), Subsection D (Building Placement) of the Zone
ii.
Existing site conditions prevent compliance with the interior setback standard.
b.
Façade within Façade Zone
Reduce the minimum amount of façade required within or abutting the Façade Zone
i.
Existing site conditions prevent compliance with the Façade Zone standard.
12" or 10% of the standard, whichever is greater.
The horizontal unbuilt area resulting from this exception is landscaped per the standards in Section 25.03.050 (Landscape).
Chapter 25.02 (Zones), Subsection D (Building Placement) of the Zone
3.
Open Yard
a.
Width and Depth
Reduce minimum width or depth dimensions
i.
Existing site conditions prevent compliance with the open yard dimensions standard.
12" or 10% of the standard, whichever is greater, without reducing minimum area required.
Chapter 25.04 (Building Types), Subsection F (Open Yard) of the Building Type
b.
Area
Reduce minimum area
i.
Existing site conditions prevent compliance with the open yard area standard.
Up to 10% of the standard.
4.
Building Footprint
a.
Size of Main Body or Wing
Increase in the maximum width or length
i.
Existing site conditions prevent compliance with the building footprint standard.
12" or 10% of the standard, whichever is greater;
The wing is one story less in height than the main body; and
The building complies with the setbacks of the zone or as allowed to be adjusted by this section.
Chapter 25.04 (Building Types), Subsection C (Building Size and Massing) of the Building Type
5.
Parking Standards
a.
Primary and Secondary Front Setback
Reduce the required parking setback
i.
Existing site conditions prevent compliance with the parking setback standard.
12" or 10% of the standard, whichever is greater;
The driveway is in compliance with the zone standards; and
Chapter 25.02 (Zones), Subsection E (Parking) of the Zone
The ground floor space remains occupiable in compliance with the zone standards, as allowed to be adjusted by this section; and
The setback reduction maintains visibility at driveways and intersections, and does not affect standards for the right-of-way.
b.
Primary Front Vehicle Access
Allow vehicle access from primary front on corner design sites
i.
Existing site conditions prevent compliance with the vehicle access standard.
Vehicular access; from the primary front;
The driveway is in compliance with the zone standards; and
Chapter 25.02 (Zones), Subsection E (Parking) of the Zone
The ground floor space remains occupiable in compliance with the zone standards, as allowed to be adjusted by this section; and
The existing lot is at least 50' wide; and
The proposed driveway is not aligned with any driveway on the opposite side of the street
c.
Alley Access
Allow vehicle access from primary or secondary front when alley access exists.
i.
The alley does not meet vehicle access requirements.
Vehicular access from primary or secondary front.
Section 25.03.100 (Parking Techniques)
6.
Landscape
a.
Front Setback Shade Tree
Minimum required in NM zone
i.
A certified arborist report identifies site conditions that prevent compliance with the standard.
No shade tree required.
Section 25.03.050 (Landscape)
7.
Screening
a.
Roof-Mounted Equipment Screening Height
Decrease the minimum height of the architectural element screening the roof-mounted mechanical equipment
i.
Height of architectural element used for screening results in exceeding maximum height limit of the building.
Up to 10% lower than the object being screened.
The roof-mounted equipment being screened is not publicly visible.
Section 25.03.080 (Screening)
b.
Freestanding Equipment Location
Reduce minimum required setback
i.
Existing site conditions prevent compliance with the front setback standard.
12" or 10% of standard, whichever is greater.
Section 25.03.080 (Screening)
ii.
Existing site conditions prevent compliance with the interior setback standard
8.
Block Size
a.
Block Dimensions
Allow larger blocks
i.
Preservation of existing building or buildings within the boundaries of a Sustainable Neighborhood Plan prevents compliance with the standard.
Maximum block length and perimeter standards to be increased to encompass the building and all setbacks required by the applicable zone.
Section 25.03.160C.3 (Block and Street Standards)
9.
Building Type
a.
Stories
Allow additional story
i.
The existing site conditions or development standards of Chapter 25.04 (Building Types) prevent compliance with the minimum unit quantity required (Section 25.02.030D.1 (Minimum Unit Quantities)).
One additional story, not to exceed 4 stories or the maximum height allowed in the zone, for the Side Court, Medium Courtyard, and Large Multiplex Building Types.
Chapter 25.04 (Building Types) Subsection C (Building Size and Massing) of the Side Court (Section 25.04.100), Medium Courtyard (Section 25.04.110), or Large Multiplex (Section 25.04.120)
Table 25.07.020.B: Exceptions to Standards for Design Sites with Over 10% Average Slope
Administrative Relief Type
Additional Findings/Criteria (All that Apply)
Allowed Administrative Relief and Conditions
Reference to Standard
1.
Design Site Dimensions
a.
Depth
Decrease in minimum design site depth
i.
Existing average slope exceeds 15%.
12" or 10% of the standard, whichever is greater.
Chapter 25.02 (Zones) Subsection B (Building Types and Design Site Size) of the Zone
2.
Building Setbacks
a.
Front and Interior
Increase or decrease in the minimum or maximum required setback for a main building or wing
i.
Existing site conditions prevent compliance with the front setback standard.
12" or 10% of the standard, whichever is greater.
Chapter 25.02 (Zones), Subsection D (Building Placement) of the Zone
ii.
Existing site conditions prevent compliance with the interior setback standard.
b.
Front
Decrease in minimum to maximum required setback areas for main building or wing
i.
Front 50' of the design site exceeds 20% slope.
Front setback reduced to 10' min. The Façade Zone is not reduced.
ii.
Front 25' of the design site exceeds 20% slope.
Front setback reduced to 5' min. The Façade Zone is not reduced.
3.
Open Yard
a.
Width and Depth
Reduce minimum width or depth
i.
Existing site conditions prevent compliance with the open yard dimension standard.
12" or 10% of the standard, whichever is greater, without reducing minimum area required.
Chapter 25.04 (Building Types) Subsection F (Open Yard) of the Building Type
b.
Area
Reduce minimum area
i.
Existing site conditions prevent compliance with the open yard area standard.
Up to 10% of the standard.
4.
Parking Standards
a.
Primary and Secondary Front Setback
Reduce the required parking setback
i.
Existing site conditions prevent compliance with the parking setback standard.
12" or 10% of the standard, whichever is greater;
The driveway is in compliance with the zone standards; and
Chapter 25.02 (Zones) Subsection E (Parking) of the Zone
The ground floor space remains occupiable in compliance with the zone standards, as allowed to be adjusted by this section; and
The setback reduction maintains visibility at driveways and intersections, and does not affect standards for the right-of-way.
ii.
The front 50' of parcel exceeds 20% slope.
Required parking is allowed to be located between the right-of-way and the building:
a.
20' parking setback if street facing, 10' parking setback for non-street facing.
b.
Max 50% of primary or secondary front lot width.
The driveway is in compliance with the zone standards; and
The ground floor space is between the street and the parking, remains occupiable, and is at least 15' deep.
b.
Primary Front Vehicle Access
Allow vehicle access from primary front on corner design sites
i.
Existing site conditions prevent compliance with the vehicle access standard.
Vehicular access from the primary front;
The driveway is in compliance with the zone standards; and
Chapter 25.02 (Zones), Subsection E (Parking) of the Zone
The ground floor space remains occupiable in compliance with the zone standards, as allowed to be adjusted by this section; and
The existing lot is at least 50' wide; and
The proposed driveway is not aligned with any driveway on the opposite side of the street; and
The design site average slope along the secondary front exceeds 15%.
5.
Site Grading
a.
Retaining Wall Height
Increase in maximum retaining wall height or length
i.
Existing slopes average 20% slope.
Increase in retaining wall height up to 10' along interior design site line.
Increase in retaining wall height up to 12' within the building footprint if over all building height in compliance with zone standards;
Section 25.03.120 (Retaining Walls)
ii.
The retaining wall is necessary to accommodate the building and required site access and parking.
The retaining wall or series of retaining walls are not visible from the adjacent public sidewalk or abutting lots; and
Retaining walls not within the building footprint are less than 50' in total length along the interior design site line opposite the primary front or any one design site line; and
The retaining wall is the result of excavation (cut).
6.
Landscape
a.
Front Setback Shade Tree
Minimum required in NM zone
i.
A certified arborist report identifies site conditions that prevent compliance with the standard.
No shade tree required.
Section 25.03.050 (Landscape)
7.
Screening
a.
Roof-Mounted Equipment Screening Height
Decrease the minimum height of the architectural element screening the roof-mounted mechanical equipment
i.
Height of architectural element used for screening results in exceeding maximum height limit of the building
Up to 10% lower than the object being screened.
The roof-mounted equipment being screened is not publicly visible.
Section 25.03.080 (Screening)
b.
Freestanding Equipment Location
Reduce minimum required setback
i.
Existing site conditions prevent compliance with the front setback standard.
12" or 10% of the standard, whichever is greater.
Section 25.03.080 (Screening)
ii.
Existing site conditions prevent compliance with the interior setback standard.
8.
Building Type
a.
Stories
Allow an additional story
i.
The existing site conditions or development standards of Chapter 25.04 (Building Types) prevent compliance with the minimum unit quantity required (Section 25.02.030D.1 (Minimum Unit Quantities)).
One additional story, not to exceed 4 stories or the maximum height allowed in the zone, for the Side Court, Medium Courtyard, or Large Multiplex Building Type.
Subsection C (Building Size and Massing) of the Side Court (Section 25.04.100), Medium Courtyard (Section 25.04.110), or Large Multiplex (Section 25.04.120)
(Ord. 6170, 2/25/2025)