CITY OF SANTA BARBARA
CITY COUNCIL
Randy Rowse
Mayor
Kelly McAdoo
City Administrator
Mike Jordan
Mayor Pro Tempore
Mike Jordan
Ordinance Committee Chair
Sarah J. Knecht
City Attorney
Alejandra Gutierrez
Finance Committee Chair
Eric Friedman
Oscar Gutierrez
Meagan Harmon
Kristen W. Sneddon
City Hall
735 Anacapa Street
http://www.SantaBarbaraCA.gov
DECEMBER 3, 2024, 2:00 PM
AGENDA
IN-PERSON PUBLIC COMMENT: At the beginning of each meeting of the City Council, Finance Committee, or Ordinance Committee, any member of the public may address the City Council concerning any item not on the Council's agenda. Any person wishing to make such address should first complete and deliver a "Request to Speak" form prior to the time that public comment is taken up by the City Council. Each speaker will be given a total of 3 minutes to address the Council. Pooling of time is not allowed during general public comment. The time allotted for general public comment at the beginning of the 2:00 p.m. session is 30 minutes.
Any member of the public who did not speak during the 2:00 p.m. session but who submitted a request to do so during the 2:00 p.m. 30 minute session may do so at the end of the meeting when the additional “Public Comment (If Necessary)” is announced. The City Council, upon majority vote, may decline to hear a speaker on the grounds that the subject matter is beyond their jurisdiction.
REMOTE PUBLIC COMMENT: Members of the public wishing to speak must “raise their hand” in the Zoom platform by selecting the virtual hand icon when their item is called. The keyboard shortcut for this is Alt+Y for Windows and Option+Y for Macs. City staff will activate the speaker’s microphone when the speaker’s name is called. The speaker will then need to unmute themselves. The keyboard shortcut for this is Alt+M for Windows or Command-Shift-A for Macs.
HOW TO REMOTELY OBSERVE AND/OR SPEAK LIVE AT A MEETING
• Web: https://santabarbaraca-gov.zoom.us/webinar/register/WN_JJS2kazqRyu2i83tshCkPw (Participation via Zoom)
• Telephone: Dial 1-669-900-6833, Enter Webinar ID: 894 2384 2846 (press *9 to raise/lower hand; press *6 to mute/unmute) • Online Streaming: Council meetings are streamed live at www.SantaBarbaraCA.gov/CAP • TV: Each regular City Council meeting is broadcast live in English and Spanish on City TV Channel 18 and rebroadcast in English on Wednesdays and Thursdays at 7:00 p.m. and Saturdays at 8:00 a.m., and in Spanish on Sundays at 3:00 p.m.
Each televised Council meeting is closed captioned for the hearing impaired. Check the City TV program guide at www.santabarbaraca.gov/citytv for rebroadcasts of Finance and Ordinance Committee meetings.
WRITTEN PUBLIC COMMENT: Public comments may also be submitted via email to [email protected] prior to the beginning of the Council Meeting. All public comments submitted via email will be provided to City Council and will become part of the public record.
(CONTINUED ON NEXT PAGE)
ORDER OF BUSINESS: Regular meetings of the Finance Committee and the Ordinance Committee begin at 12:00 p.m. The regular City Council meeting begins at 2:00 p.m. in the Council Chambers at City Hall.
REPORTS: Copies of the reports relating to agenda items are available for review at http://www.SantaBarbaraCA.gov/CAP.In accordance with state law requirements, this agenda generally contains only a brief general description of each item of business to be transacted or discussed at the meeting. Should you wish more detailed information regarding any particular agenda item, you are encouraged to obtain a copy of the Council Agenda Report (a "CAR") online at the City's website (http://www.SantaBarbaraCA.gov/CAP). Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are posted to the City’s website as soon as reasonably feasible.
CONSENT CALENDAR: The Consent Calendar is comprised of items that will not usually require discussion by the City Council. A Consent Calendar item is open for discussion by the City Council upon request of a Councilmember, City staff, or member of the public. Items on the Consent Calendar may be approved by a single motion. Should you wish to comment on an item listed on the Consent Agenda, after turning in your "Request to Speak" form, you should come forward to speak or raise your hand in Zoom at the time the Council considers the Consent Calendar.
LANGUAGE TRANSLATION AND INTERPRETATION: The City of Santa Barbara offers live Spanish translation and interpretation for City Council Meetings via the Wordly platform. Follow the directions below to access the service. • Go to: https://attend.wordly.ai/join/QQBV-6746
o Ensure the Session ID QQBV-6746 is displayed.
o Select “Spanish” and click on the “Attend” button.
o You can now read the captions on your device and/or listen to the translation of the City Council meeting. o Click the speaker button to hear a text-to-speech version of the translated dialogue. • If you have any questions or concerns, please contact City TV at 805-564-5311.
SPANISH INTERPRETATION: If you need interpretation of your communications to Council from Spanish into English, please contact the City Clerk’s Office at 564-5309 or by email at [email protected]. If possible, notification of at least 48 hours will usually enable the City to make arrangements.
INTERPRETACIÓN EN ESPAÑOL: Si necesita una interpretación del español al inglés, para sus comunicaciones al Consejo, comuníquese con la Oficina del Secretario Municipal al 564-5309, o por correo electrónico a [email protected]. Si es posible, la notificación de al menos 48 horas generalmente permitirá a la Ciudad hacer los arreglos.
AMERICANS WITH DISABILITIES ACT: If you need auxiliary aids or services or staff assistance to attend or participate in this meeting, please contact the City Administrator's Office at 564-5305 or by email at [email protected]. If possible, notification at least 48 hours prior to the meeting will usually enable the City to make reasonable arrangements. For those who need accessibility accommodation in using the “raise hand” function and/or registering to participate in the Zoom session, please contact the Clerk’s office by 5:00 p.m. the day before the meeting for assistance. Additionally, a speaker may email [email protected] by 5:00 p.m. the day before a meeting, stating which item they wish to speak on. Specialized services, such as sign language interpretation or documents in Braille, may require additional lead time to arrange. 12/03/2024 Santa Barbara City Council Final Agenda Page 1 DECEMBER 3, 2024 AGENDA
SPECIAL ORDINANCE COMMITTEE MEETING - 11:30 A.M. IN THE COUNCIL CHAMBER (120.03)
1. Subject: Title 25 Objective Design and Development Standards, and Amendments to the Title 30 Zoning Ordinance (120.03)
Recommendation: That Ordinance Committee forward a recommendation to City Council that Council:
A. Adopt the Title 25 Objective Design and Development Standards with staff’s recommended changes in Section 25.02.080 (Mixed-Use Corridor) and in Section 25.01.110 (Zone Map - ODDS-ZM);
B. Repeal Resolution No. 21-031 adopting the Objective Design and Development Standards for Streamlined Housing Projects in its entirety; C. Adopt Amendments to the Title 30 Zoning Ordinance with staff’s corrections to Chapter 30.300 (Definitions);
D. Determine that the Title 25 and Title 30 Amendments are Exempt from CEQA Pursuant to CEQA Guidelines Section 15305; and
E. Determine that the Title 25 and Title 30 Amendments are Consistent with the General Plan.
12/03/2024 Santa Barbara City Council Final Agenda Page 2 REGULAR CITY COUNCIL MEETING - 2:00 P.M.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
CEREMONIAL ITEMS
1. Subject: Employee Recognition – Service Award Pins (120.04) Recommendation: That Council authorize the City Administrator to express the City’s appreciation to employees who are eligible to receive service award pins for their years of service through December 31, 2024.
CHANGES TO THE AGENDA
CONSENT CALENDAR
2. Subject: Approval of Required Documents to Implement Measure I 0.50% Transactions and Use Tax Implementation with the California Department of Tax and Fee Administration [Ordinance Introduction; Resolution] (210.01) Recommendation: That Council:
A. Adopt, by reading of title only, a Resolution of the City Council of the City of Santa Barbara Authorizing the Finance Director to Execute Agreements with the California Department of Tax and Fee Administration for Implementation of a Local Transactions and Use Tax;
B. Adopt, by reading of title only, a Resolution of the City Council of the City of Santa Barbara Authorizing Examination of Sales or Transactions and Use Tax Records; and
C. Introduce and subsequently adopt, by reading of title only, an Ordinance of the City Council of the City of Santa Barbara Amending Section 4.15.060 of the Santa Barbara Municipal Code to Replace Reference to the State Board of Equalization with Reference to the California Department of Tax and Fee Administration.
12/03/2024 Santa Barbara City Council Final Agenda Page 3
3. Subject: Update of the City’s Conflict-of-Interest Code [Resolution] (110.04) Recommendation: That Council adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Adopting the Conflict-of-Interest Code of the City of Santa Barbara to Incorporate by Reference the Fair Political Practices Commission’s Model Code, and Rescinding Resolution No. 22-099.
4. Subject: Water and Sewer Priority Policy for Housing Units Affordable to Lower-Income Households [Resolution] (660.01)
Recommendation: That Council adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Approving Policy and Procedures Regarding the Provision of Water and Sewer Services to Proposed Developments that Include Housing Units Affordable to Lower-Income Households.
5. Subject: Authorization to Amend the Legal Services Agreement with Burke, Williams & Sorensen, LLP [Resolution; Agreement] (160.01) Recommendation: That Council:
A. Authorize the City Attorney to execute a third amendment to the legal services agreement with Burke, Williams & Sorensen, LLP, for legal services related to the development project at 1609 Grand Avenue by increasing the agreement not to exceed amount from $50,000 to $200,000, to be paid from funds appropriated from the General Fund in Fiscal Year 2025; and
B. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Amending Resolution No. 24-066, Adopting the Budget for Fiscal Year 2025, to Appropriate Funds for Legal Services for the Development Project Located at 1609 Grand Avenue.
12/03/2024 Santa Barbara City Council Final Agenda Page 4
6. Subject: Increase Grant Funding for the Cabrillo Boulevard and Union Pacific Railroad Bridge Project and the Los Patos Undercrossing Replacement Project [Resolution; Agreement] (150.03)
Recommendation: That Council:
A. Authorize the City Administrator to sign Amendment No. 7 to the Memorandum of Understanding with the Santa Barbara County Association of Governments to increase the funding from the Santa Barbara County Association of Governments by $2,671,395 from $6,249,862 to $8,921,257 for work to complete the Right of Way phase of The Cabrillo Boulevard and Union Pacific Railroad Bridge Project and the Los Patos Undercrossing Replacement Project; and
B. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Amending Resolution No. 24-066, Adopting the Budget for Fiscal Year 2025, to Appropriate Funds for the Right of Way Phase of the Cabrillo Boulevard and Union Pacific Railroad Bridge Project and the Los Patos Undercrossing Replacement Project.
7. Subject: Resolution Approving the 2024-2026 Unrepresented Management Salary Plan, and Amending Resolution No. 24-131, the Position and Salary Control Resolution for Fiscal Year 2025 [Resolution] (410.06) Recommendation: That Council:
A. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Adopting the 2024-2026 Salary Plan Applicable Only to Unrepresented Managers and Professional Attorneys (except the City Administrator and City Attorney), and the 2024-2026 Salary Plan Applicable Certain Unrepresented Safety Managers, Effective November 30, 2024; and
B. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Amending Resolution No. 24-131, the Position and Salary Control Resolution for Fiscal Year 2025, Affecting Certain Management Classifications, Effective November 30, 2024.
12/03/2024 Santa Barbara City Council Final Agenda Page 5
8. Subject: Resolution Approving the 2024-2026 AFSCME Represented Management Bargaining Unit Memorandum of Understanding, and Amending Resolution No. 24-131, the Position and Salary Control Resolution for Fiscal Year 2025 [Resolution; Agreement] (440.02)
Recommendation: That Council:
A. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Adopting the 2024-2026 Memorandum of Understanding Between the City of Santa Barbara and the Manager’s Bargaining Unit; and B. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Amending Resolution No. 24-131, the Position and Salary Control Resolution for Fiscal Year 2025, Affecting the Salary Ranges for Certain Management Classifications Effective November 30, 2024.
9. Subject: October 2024 Investment Report (260.02)
Recommendation: That Council accept the October 2024 Investment Report.
10. Subject: Amendments to Increase On-Call Engineering Services Contracts for Pre-Qualified Professional Engineering Firms for Water Resources Facilities Support [Agreement] (540.1)
Recommendation: That Council authorize the Public Works Director to execute amendments to increase four City Professional Services Agreements for on-call engineering services for the Water Resources Division’s water and wastewater facilities by the amount of $100,000 each.
11. Subject: Desalination Plant Offshore Pump Platform Stabilization Project Construction Management [Agreement] (540.1)
Recommendation: That Council authorize the Public Works Director to execute a City Professional Services contract with Filippin Engineering Inc., in the amount of $699,610 for construction management services for the Desalination Plant Offshore Pump Platform Stabilization Project and authorize $69,960 for potential extra services, for a total expenditure authority of $769,570.
12. Subject: Professional Services Agreement for Electronic Bill Presentment and Payment Services for Utility Bills [Agreement] (210.01) Recommendation: That Council approve and authorize the Finance Director to execute a three-year Professional Services Agreement with Invoice Cloud, Inc., for electronic bill presentment and payment services for the City’s Advanced Utility Systems CIS Infinity software and Infinity.Link online payment application. 12/03/2024 Santa Barbara City Council Final Agenda Page 6
13. Subject: Best Interest Waiver for City Core Radio System Component Replacement, Installation, and Support Services (520.04) Recommendation: That Council approve a Best Interest Waiver under Santa Barbara Municipal Code §4.52.070, subdivision L, authorizing the General Services Manager to issue a Purchase Order in the amount of $1,041,193 for the purchase of a new K2 Conventional Core, (8) dispatch consoles, installation services, and warranty and support services from Motorola Solutions, Inc.
REPORT FROM THE ORDINANCE COMMITTEE
GENERAL PUBLIC COMMENT
PULLED CONSENT ITEMS
COUNCILMEMBER COMMITTEE ASSIGNMENT REPORTS
CITY COUNCIL ADMINISTRATIVE AND ATTORNEY REPORTS
CITY ADMINISTRATOR
14. Subject: Presentation on the Findings and Recommendations from the Housing Crisis Ad Hoc Committee (170.01)
Recommendation: That Council:
A. Receive a presentation on behalf of the Housing Crisis Ad Hoc Committee regarding its key findings and recommendations; and
B. Provide direction to staff on the top three priorities of each Councilmember from the ten priority recommendations from the Housing Crisis Ad Hoc Committee that will assist staff with further research and exploration along with identifying resource needs for future Council consideration.
COUNCIL AND STAFF COMMUNICATIONS
COUNCILMEMBER ENGAGEMENTS
PUBLIC COMMENT (IF NECESSARY)
ADJOURNMENT
CITY OF SANTA BARBARA
SPECIAL ORDINANCE COMMITTEE MEETING
MEETING AGENDA
DATE: December 3, 2024 Mike Jordan, Chair
TIME: 11:30 a.m. Kristen W. Sneddon
PLACE: Council Chambers Oscar Gutierrez
Office of the City Office of the City
Administrator Attorney
Kelly McAdoo Sarah Knecht
City Administrator, City Administrator’s Office City Attorney Nicole Grisanti
Supervisor, City Administrator’s Office
IN-PERSON PUBLIC COMMENT: Any person wishing to address the Ordinance Committee should first complete and deliver a "Request to Speak" form prior to the time that public comment is taken up by the Committee Member. Each speaker will be given a total of 3 minutes to address the Committee. The Ordinance Committee, upon majority vote, may decline to hear a speaker on the grounds that the subject matter is beyond their jurisdiction.
WRITTEN PUBLIC COMMENT: Public comments may also be submitted via email to [email protected] prior to the beginning of the Ordinance Committee Meeting. All public comments submitted via email will be provided to the Ordinance Committee and will become part of the public record.
REPORTS: Copies of the reports relating to agenda items are available for review at http://www.SantaBarbaraCA.gov/CAP.In accordance with state law requirements, this agenda generally contains only a brief general description of each item of business to be transacted or discussed at the meeting. Should you wish more detailed information regarding any particular agenda item, you are encouraged to obtain a copy of the Council Agenda Report (a "CAR") online at the City's website (http://www.SantaBarbaraCA.gov/CAP). Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are posted to the City’s website as soon as reasonably feasible.
AMERICANS WITH DISABILITIES ACT: If you need auxiliary aids or services or staff assistance to attend or participate in this meeting, please contact the City Administrator's Office at 564-5305 or by email at [email protected] if possible, notification at least 48 hours prior to the meeting will usually enable the City to make reasonable arrangements. For those who need accessibility accommodation in using the “raise hand” function and/or registering to participate in the Zoom session, please contact the Clerk’s office by 5:00 p.m. the day before the meeting for assistance. Additionally, a speaker may email [email protected] by 5:00 p.m. the day before a meeting, stating which item they wish to speak on. Specialized Services, such as sign language interpretation or documents in Braille, may require additional lead time to arrange.
Please click the link below to join the webinar:
https://santabarbaraca-gov.zoom.us/j/84972180640?pwd=b3oS8zgNPv7yLrWgOpdZisV1Lp7XLb.1 Passcode: 465013
Webinar ID: 849 7218 0640
International numbers available: https://santabarbaraca-gov.zoom.us/u/kc7OK05y4z File Code No. 120.03
ITEM FOR CONSIDERATION
SUBJECT: Title 25 Objective Design and Development Standards, and Amendments to the Title 30 Zoning Ordinance
RECOMMENDATION:
That Ordinance Committee forward a recommendation to City Council that Council:
A. Adopt the Title 25 Objective Design and Development Standards with staff’s recommended changes in Section 25.02.080 (Mixed-Use Corridor) and in Section
25.01.110 (Zone Map - ODDS-ZM);
B. Repeal Resolution No. 21-031 adopting the Objective Design and Development Standards for Streamlined Housing Projects in its entirety; C. Adopt Amendments to the Title 30 Zoning Ordinance with staff’s corrections to Chapter 30.300 (Definitions);
D. Determine that the Title 25 and Title 30 Amendments are Exempt from CEQA Pursuant to CEQA Guidelines Section 15305; and
E. Determine that the Title 25 and Title 30 Amendments are Consistent with the General Plan.
CITY OF SANTA BARBARA
ORDINANCE COMMITTEE AGENDA REPORT
AGENDA DATE: December 3, 2024
TO: Ordinance Committee
FROM: Community Development Department
SUBJECT: Title 25 Objective Design and Development Standards, and Amendments to the Title 30 Zoning Ordinance
RECOMMENDATION:
That Ordinance Committee forward a recommendation to City Council that Council:
A. Adopt the Title 25 Objective Design and Development Standards with staff’s recommended changes in Section 25.02.080 (Mixed-Use Corridor) and in Section
25.01.110 (Zone Map - ODDS-ZM);
B. Repeal Resolution No. 21-031 adopting the Objective Design and Development Standards for Streamlined Housing Projects in its entirety; C. Adopt Amendments to the Title 30 Zoning Ordinance with staff’s corrections to Chapter 30.300 (Definitions);
D. Determine that the Title 25 and Title 30 Amendments are Exempt from CEQA Pursuant to CEQA Guidelines Section 15305; and
E. Determine that the Title 25 and Title 30 Amendments are Consistent with the General Plan.
DISCUSSION:
This report responds to initial broad questions raised by City Council Ordinance Committee members during the hearing of October 22, 2024, on the Title 25 Objective Design and Development Standards (ODDS). The hearing was continued to December 3, 2024. Refer to the Council Agenda Report dated October 22, 2024, for a complete description and analysis of the project.
1. Do the ODDS reduce density?
Agenda Item No. 1
File Code No. 120.03
Council Agenda Report
Title 25 Objective Design and Development Standards, and Amendments to the Title 30 Zoning Ordinance
December 3, 2024
No, the ODDS do not reduce density. The ODDS were prepared to conform to the densities established in the General Plan. Santa Barbara Municipal Code (SBMC) section
25.01.040 (Relationship to Santa Barbara General Plan) explains that the ODDS relies on the residential densities established in the Land Use Element (dwelling units per acre).
ODDS projects are required to conform with the General Plan land use designation densities ranging from Low Density Residential (maximum two to three dwelling units per acre) to Priority Housing Overlay (maximum 63 dwelling units per acre). Applicants are responsible for achieving their desired residential densities through choice of unit sizes, building footprint/massing, and building types.
Furthermore, the ODDS-related Title 30 amendments include a change to current zoning regulations for rounding fractional unit counts resulting from density calculations. Title 30 currently rounds down fractions as a result of calculating maximum residential units, which negatively affects potential units from density calculations. For example, a 7,000 square foot lot in R-M, with a land use designation of 15-27 dwelling units an acre, results in fractions of 2.41-4.34 as the maximum number of units. Current rounding down of fractions means two to four residential units are possible on the site. The proposed change to round up for density calculations will allow significantly more residential projects the ability to achieve maximum densities identified in the General Plan. Using the same R-M example, 2.41 and 4.34 will now be rounded up to three and five residential units. In essence, most multi-unit residential projects would be able to achieve one more unit than under current rounding requirements with this change.
2. Do the ODDS conflict with state law that prohibits new standards that lessen the intensity of housing?
The ODDS are not intended to lessen the intensity of housing. Government Code § 66300 (The Housing Crisis Act of 2019) prohibits cities and counties from changing the land use designation or zoning where housing is an allowed use to a less intensive use than what existed as of January 1, 2018. The ODDS do not change allowed land uses, and the building envelope standards (height, setbacks, and building stepbacks) for the most part match the base zone (Title 30 or Title 28 Zoning Ordinances) standards.
In situations where a proposed project neighbors a smaller-scaled development, the ODDS require a portion of the building volume to “transition” to address the shift in scales so that the proposed building better fits into the existing neighborhood. One example of a transitional area is a reduced volume of a portion of a building along the shared interior property line situated next to parcel consisting of a house-scale building1. The ODDS also include historic sensitivity standards that apply when a new building is within 20 feet of the shared interior lot line of a historic resource. On balance, the limited reduction in building envelope volume should not reduce the site’s residential development capacity through the applicant’s choice of building types and unit sizes. 1 A building that is the size of a small-to-large house and detached from other buildings.
Council Agenda Report
Title 25 Objective Design and Development Standards, and Amendments to the Title 30 Zoning Ordinance
December 3, 2024
Staff also worked with the project consultant, Opticos, to ensure that the additional development incentives (building height2, setbacks, parking, open yard) offered under the AUD Program are also available for projects using the ODDS.
Upon further research, staff found certain setback and stepback standards, including AUD Program setback incentives, that are available for projects on or adjacent to nonresidential base zones were not available to projects in the ODDS Mixed-Use Corridor (MUC) zone, which is composed of a majority of nonresidential base zones. Therefore, staff recommends removing the front and interior stepback standards3 and changing the interior setback in Section 25.02.080 Mixed-Use Corridor (MUC) from six feet to zero feet minimum to better align with the AUD Program. Because this recommendation impacts several MUC zoned parcels with residential base zones, staff also recommends changing the ODDS Zone Map (ODDS-ZM, referenced in Section
25.01.110) to change five parcels from MUC to the Neighborhood Large (NL) zone, which requires residential type interior setbacks and front and interior building stepbacks. Staff’s recommendation for these changes are shown in Attachment 3.
3. Do the parking, open yard, and landscape standards under the ODDS constrain housing development?
No. The open yard and parking space requirements are the same as the City’s existing Zoning Ordinance, including applicability of AUD Program incentives in areas of the City that allow them. Consistent with General Plan policy direction, parking spaces must be located behind the occupiable space of the building in the ODDS, but this is not anticipated to reduce residential development capacity.
Landscaping for driveways, parking lots, and parkways is also the same as in the existing Zoning Ordinance. The Neighborhood Medium and Neighborhood Large zones require a minimum percent of a site to be landscaped, but this can be combined with open yard. All other ODDS zones have no landscape minimum, but the front setback (if required) must be landscaped.
4. Do the ODDS help make affordable housing projects more financially feasible? It is unclear if the ODDS will improve the financial feasibility of affordable housing.
According to the Joint Center for Housing Studies of Harvard University, developers who build affordable housing face many hurdles: complex subsidy programs, expensive labor and materials costs, local land use regulations, and community opposition. The City is only able to control local land use regulations. These local requlations that could influence affordability, include density, building form, parking, and open yard. The ODDS do not 2 Projects seeking exceptions to height limitations (i.e., Community Benefit Housing Project, allowed up to 60 feet ) per Section 30.140.100 are subject to discretionary findings and are therefore not eligible to use the ODDS.
3 Applicable to portions of structures more than 30 feet in height.
Council Agenda Report
Title 25 Objective Design and Development Standards, and Amendments to the Title 30 Zoning Ordinance
December 3, 2024
significantly change these local regulations; however, they offer increased predictability in entitlements and a reduced number of design review hearings. ODDS project appeals are also limited, which reduces the financial exposure and time of an additional appeal hearing. All these factors should reduce housing projects soft costs.
Implementation of Housing Element program HE-12: Prioritize Deed-Restricted Affordable Housing may include changes to density, height, setbacks, open yard, or other regulations as incentives for developers to include more deed-restricted affordable housing units in their projects. If certain zoning standards are amended with implementation of HE-12, the ODDS would also be amended as needed to provide consistency and support for increased housing development.
Finally, ODDS projects may elect to use State density bonus waivers or incentives, which could impact the financial feasibility of affordable housing.
5. Do the ODDS do everything possible to create more housing? The ODDS is one component of the 2023–2031 Housing Element to facilitate more housing, but the ODDS alone cannot create more housing. The ODDS must comply with General Plan policies as required in Section 30.235.100 (General Plan Consistency Required for Zoning Amendments) of the Municipal Code. This means that the ODDS encourages multi-unit housing balanced with other considerations important to the community such as sensitivity to historic resources, public views, privacy, habitat and water quality protection, and equipment screening. ODDS is intended to achieve the same density in the General Plan, while also protecting those things that the community values, including community character. As noted above, predictability and fewer hearings may ease the permitting process and ultimately create more housing.
6. Is Chapter 25.07 (Exceptions) necessary? Are exceptions granted by the Community Development Department Director or Designee? What is the threshold? How much do applicants get to still be considered an exception? Exceptions address situations in which direct application of the objective standards is infeasible due to specific physical constraints of the site or project. Without exceptions, fewer parcels could use ODDS because of existing conditions.
Exceptions thresholds include:
Existing site condition, e.g., mature tree, utility infrastructure, historic feature, watercourse, or retaining wall
Small lot that can’t meet minimum design site size
Building type story limitation that prevents project from meeting minimum unit quantities
Slopes greater than 20 percent
Council Agenda Report
Title 25 Objective Design and Development Standards, and Amendments to the Title 30 Zoning Ordinance
December 3, 2024
Most exceptions offer a modest adjustment to a standard. For example, the minimum dimensions of open yard can be reduced by 12 inches or 10 percent of the standard, whichever is greater, but do not allow a reduction in the total area required.
The process for an exception is:
Applicant requests an exception as part of their application Staff reviews for compliance with Applicable Findings/Criteria Review Authority is Community Development Director or Designee
7. What is the appeal process?
Only an applicant may appeal the design board’s decision on a project or the review authority’s decision on an exemption to City Council, in accordance with Chapter 1.30 of the Municipal Code. Written notice of the appeal must be filed with the City Clerk within ten days of the decision. Interested parties do not have standing to appeal because the projects must be approved if they comply with objective standards. State law limits the number of hearings that a residential project may be subject to to five hearings, including appeals, so only allowing applicants to appeal a denial of the project is more in line with State Law.
8. Does the City risk losing aesthetic design control of certain residential housing projects if the ODDS adoption is delayed?
Yes, while the City has basic objective design standards for Mediterranean-style projects, there are other state laws that require review using only objective design standards. The objective design standards currently in place were adopted in 2021 for projects proposed under the Senate Bill 35 streamlined ministerial approval process; to date, no projects have been submitted for this process.
For example, state law requires approval “by-right” on previously identified suitable Housing Element sites not yet developed for housing. Without ODDS, such a project would be subject only to objective Zoning Ordinance standards (e.g., height, setbacks, open yard). Subjective standards, such as the standards for screening the visual impact of an object (Section 30.15.120), could not be applied since they rely on interpretation.
Furthermore, without the ODDS, there is no opportunity for the City to influence the design or require pedestrian-friendly facades and quality materials. Any criteria that are subjective could not be used to deny or reduce the density of projects.
9. Is the Mediterranean-style group held to a higher standard downtown (i.e., within El Pueblo Viejo) than the rest of the City where Mediterranean- or Craftsman-style groups are an option (e.g., the Mesa)? An example mentioned at the last Ordinance Committee meeting was decoratively painted underside of eaves.
Council Agenda Report
Title 25 Objective Design and Development Standards, and Amendments to the Title 30 Zoning Ordinance
December 3, 2024
No, the Mediterranean-style standards are the same throughout the City. The only standards that are specific to the El Pueblo Viejo Landmark District are:
Flat roof parapets cannot be publicly visible.
Chain link fences are prohibited (in other locations they need to be screened with vines if publicly visible).
For any location, wood is required to be stained, sealed, or painted, but, for example, there is no objective standard that requires painting the underside of eaves in a decorative pattern.
10.Ordinance Committee requested more information about the Architectural Styles-Contemporary Style group.
Architectural styles are regulated by Section 25.01.120 (Architectural Styles Map) and Chapter 25.06 (Architectural Design). The decision on what styles to include in the ODDS was initially based on Opticos’ Existing Conditions Report (January 2022), which reviewed the City’s neighborhoods and cataloged the most prevalent styles. This report found four style groups and ten prevalent styles in the City. Of those, Spanish Colonial Revival, Italian Mediterranean, Craftsman, American Colonial Revival, Mission Revival, and Contemporary were the most prevalent. Opticos also analyzed the relationship between style groups and scale to determine which style groups are compatible with house-scale vs. block-scale buildings. For example, the American Colonial Revival style cannot be appropriately scaled for a larger block-scale building. Through discussions with Opticos, the Work Group, and staff, the allowed styles for the ODDS were narrowed down to the Craftsman, Mediterranean, and Contemporary style groups.
Staff also reviewed all existing Landmark District and Historic District overlay zones and design guidelines for alignment. The Haley Milpas and Upper State Street guidelines specifically reference Contemporary/Industrial styles as appropriate for certain areas: 1) the “Boulevard District” (Salsipuedes and Garden); 2) the “Industrial District” (subneighborhoods throughout the Haley/Milpas area); and 3) Upper State Street. This was reflected in initial staff versions of the map.
As noted in the hearing of October 22, 2024, the Architectural Styles map has been revised multiple times based on input from the Work Group (several meetings held to just to discuss styles), Planning Commission, and the public. At the recommendation of the Planning Commission, staff conducted outreach on the Architectural Styles map from May to December 2023, including preparation of an Architectural Styles fact sheet, and a written survey and maps posted for input in multiple locations. Based on input from the public surveys and maps, all three style groups (i.e., Mediterranean, Craftsman, and Contemporary) were supported by a majority of respondents in the following neighborhoods/areas:
Eastside
Council Agenda Report
Title 25 Objective Design and Development Standards, and Amendments to the Title 30 Zoning Ordinance
December 3, 2024
Upper State
Haley Street
Input supporting all three styles was close or tied in the following neighborhoods/areas:
Funk Zone
Oak Park
Westside
The ODDS Architectural Styles map (July 2024 iteration) originally provided to the Planning Commission for a recommendation allowed all three style groups in Upper State, Westside, the Mesa, Haley corridor, portions of the Funk Zone, and Eastside areas of the City. Based on Planning Commission input, the ODDS Architectural Styles map (October 2024 iteration) removed the Contemporary-style group from the Westside, Eastside, and portions of the Mesa. All three style groups are currently recommended in Upper State, the Mesa near City College, Haley corridor, and portions of the Funk Zone.
11.Provide more information about the top of bank standard, can it stay in place until Sustainability and Resilience brings forth the new creek ordinance? Yes, staff is proposing amendments to Title 30 to ensure there is an objective methodology for determining top of bank for all creeks until such time as the Sustainability and Resilience Department brings forth, and the City adopts, a new Creek Buffer ordinance that includes methodology for determining the top of bank.
Title 30 currently includes a top of bank methodology for Mission Creek but it is not entirely objective, and other creek top of bank determinations are made on a case-bycase basis, which is not objective. It is important to update the existing top of bank calculation so that it is objective; otherwise, the Mission Creek development limitation area could not be applied to ODDS projects.
TITLE 30 AMENDMENTS CORRECTIONS:
Upon further review, staff found a few alphabetizing errors in Chapter 30.300 (Definitions).
Staff is recommending adoption of the Title 30 amendments with the definitions in the correct alphabetizing order (Attachment 2).
ATTACHMENTS:
1. Title 25 Objective Design and Development Standards (October 17, 2024)
2. Corrected Title 30 Ordinance Amendments
3. Staff’s Recommended Changes to Title 25
PREPARED BY: Rosie Dyste, Project Planner
SUBMITTED BY: Elias Isaacson, Community Development Director APPROVED BY: Kelly McAdoo, City Administrator
ATTACHMENT 1
ATTACHMENT 2
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
SANTA BARBARA AMENDING THE SANTA BARBARA
MUNICIPAL CODE BY AMENDING CHAPTERS 30.15,
30.140, 30.145, 30.175, 30.205, 30.220, 30.250, 30.295 AND
30.300 PERTAINING TO REGULATIONS FOR OBJECTIVE
DESIGN AND DEVELOPMENT STANDARDS
THE CITY COUNCIL OF THE CITY OF SANTA BARBARA DOES ORDAIN AS FOLLOWS:
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
2 SECTION 1. Chapter 30.15 of Title 30 of the Santa Barbara Municipal Code is amended to read as follows:
Division I: Introductory Provisions
Chapter 30.15 Rules of Measurement
Sections:
30.15.010 Purpose
30.15.020 General Provisions
30.15.025 Calculating Density
30.15.030 Determining Average Slope
30.15.040 Determining Area of a
Watercourse Creek Top of Bank
30.15.050 Fractions
30.15.060 Measuring Distances
30.15.070 Measuring Floor Area
30.15.080 Measuring Front Yards
30.15.090 Measuring Height and Stories
30.15.100 Measuring Setbacks and
Stepbacks
30.15.110 Measuring Street Frontage
30.15.120 Screening
30.15.010 Purpose.
The purpose of this chapter is to explain how various measurements referred to in this title are to be calculated.
30.15.020 General Provisions.
For all calculations, the applicant is responsible for supplying drawings illustrating the measurements that apply to a project. These drawings must be drawn to scale and of sufficient detail to allow easy verification upon inspection by the Community Development Director.
30.15.025 Calculating Density.
A. Maximum Allowable Residential Density. The maximum allowable residential density or “base density” means the greatest number of units allowed under the density range specified by the Zoning Ordinance, Specific Plan, or land use element of the General Plan or Coastal Land Use Plan, applicable to the project. Density shall be determined using dwelling units per acre (du/ac). If there is a conflict, the highest allowable density prevails.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
3 1. Calculation. To calculate the maximum number of dwelling units permitted on a lot, the net lot area is converted from square feet to acres by dividing it by 43,560. The resulting acreage is multiplied by the density range. For density calculations with a remainder greater than 0.01 units, a whole unit is permitted.
Residential Density Calculation Example:
Net Lot Area: 21,000 sq. ft./43,560 = 0.48 acres
General Plan Density Range: 27 to 36 units/acre
Calculate Allowed Units: 27 to 36 units per acre x 0.48 acres = 12.96 to 17.28 units Rounding Up: 13 to 18 units allowed
B. Density Calculations in Mixed-Use Projects. For mixed-use projects, the maximum allowable residential density shall be calculated by using the total net lot area and does not exclude the nonresidential portion of the mixed-use site.
C. Density Calculations for Other Uses. Other facilities that are not residential uses but are subject to residential density limitations as specified in this code, (including, but not limited to, Group Residential, Community Care Facilities, Residential Care Facilities, and Hotels with kitchens) must be equivalent in size to a residential project at base density ranges as permitted by the General Plan.
D. Accessory Dwelling Units. Accessory dwelling units and junior accessory dwelling units are not counted in maximum density calculations, unless otherwise specified in this title.
30.15.030 Determining Average Slope.
The average slope of a parcel of land, or any portion thereof, is calculated using a topographic map conforming to National Mapping Standards and having a scale of not less than one inch equals 200 feet and a contour interval of not more than five feet), and the following formula:
S = 0.00229(I)(L)/A, where:
A. S = Average slope (in percent)
B. I = Contour interval (in feet)
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
4 C. L = Total length of all contour lines on the parcel (in feet), excluding the length of contours in drainage channels and in natural water courses below the 25-year flood level D. A = Area of subject area for which the slope is to be determined (in square feet) FIGURE 30.15.030: DETERMINING AVERAGE SLOPE
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
5 30.15.040 Determining Area of a Watercourse Creek Top of Bank.
The area of a watercourse includes all land within the top of either bank of any watercourse within the City of Santa Barbara.
The “Top of Bank” is determined by the creek channel geometry. Any parcel that adjoins or is within 50 feet of a creek where development is proposed shall have the top of bank determined as part of any plan submittal. The top of bank shall be determined using one of the conditions described below in Cases 1-4 and depicted in the associated diagrams below. If more than one condition applies, the approach that is most protective of creek resources shall apply. If there is disagreement about where the top of bank is located the Creeks Division Manager, in consultation with the City Attorney, shall make a final determination of top of bank.
A. Case 1 - Bank Slopes with a Single Defined Hinge Point. When the creek has a sloped bank rising from the toe of the bank to a hinge point at the generally level ground above, the hinge point is the top of bank. If the existing slope of the bank is steeper than 1.5 (horizontal):1 (vertical), the intersection of a projected plane with a 1.5:1 slope from the toe of the bank to the generally level upper ground is the “top of bank.” For concrete flood AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
6 control channels, that meet the definition outlined above, the top of bank is the upper hinge point regardless of the steepness of the bank.
B. Case 2 – Bank Slopes with Multiple Hinge Points. When the creek bank slope rises from the toe of the bank, levels off one or more times, then rises to a higher hinge point at the generally level upper ground, the hinge point at or directly above the FEMA 100-year flood surface elevation is the top of bank. If the FEMA 100-year flood surface elevation is above the highest hinge point, the location of the top of bank does not change and is the highest hinge point.
C. Case 3 – Bank Slopes with No Readily Defined Hinge Point. When no discernible break in slope occurs above the active channel, and the creek bank opposite a project site has a well-defined hinge point, the elevation of that hinge point will be used to determine the top of bank for the project site. Where no readily determined hinge point defines the top of bank on either side of the creek, the FEMA 100-year flood elevation is the top of bank.
D. Case 4 – Flood Control Projects. Where an existing flood control project exists, or has been approved, the top of bank will be located at the top of the proposed or completed AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
7 flood control channel wall, or the hinge point just above the top of wall, whichever is higher, even for banks steeper than 1.5:1 as outlined in Case 1 above.
FIGURE 30.15.040: DETERMINING TOP OF BANK
A. Mission Creek.
1. “Top of bank” for Mission Creek means the line formed by the intersection of the general plane of the sloping side of the watercourse with the general plane of the upper generally level ground along the watercourse; or, if the existing sloping side of the watercourse is steeper than the angle of repose (critical slope) of the soil or geologic structure involved, “top of bank” shall mean the intersection of a plane beginning at the toe of the bank and sloping at the angle of repose with the generally level ground along the watercourse. The angle of repose is assumed to be 1.5 (horizontal):1 (vertical) unless otherwise specified by a geologist or soils engineer with knowledge of the soil or geologic structure involved.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
8 2. “Toe of bank” for Mission Creek means the line formed by the intersection of the general plane of the sloping side of the watercourse with the general plane of the bed of the watercourse.
B. Creeks other than Mission Creek. “Top of bank” and “toe of bank” for creeks other than Mission Creek shall be determined by the Community Development Director on a case by case basis based upon conditions at the site, in consultation with the Parks and Recreation Department and Public Works Department.
30.15.050 Fractions.
Whenever this title requires consideration of the following: (1) required number of parking spaces; or (2) maximum number of residential units, expressed in numerical quantities, all calculations shall use fractions no smaller than hundredths, and if the end result of a calculation contains a fraction of a whole number, the results shall be rounded as follows:
A. General Rounding. Fractions are to be rounded down up to the nearest whole number, except as otherwise provided.
B. Exception for State Affordable Housing Density Bonus. For projects eligible for bonus density pursuant to Government Code Section 65915 or any successor statute, and Chapter 30.145, Affordable Housing and Density Bonus and Development Incentives, any fractional number of units shall be rounded up to the next whole number.
B. Exception for Parking Spaces. In determining the number of parking spaces fractions are to be rounded down to the nearest whole number. Where multiple structures or standards are involved, any rounding of spaces must be made on the aggregate total required for the site, and not on individual uses prior to calculating the total. See Section 30.175.040, Required Automobile and Bicycle Parking Spaces, for additional parking rounding requirements.
C. Exception for Inclusionary Housing. In determining the number of Inclusionary Units required by Chapter 30.160, Inclusionary Housing, any decimal fraction less than 0.5 shall be rounded down to the nearest whole number, and any decimal fraction of 0.5 or more shall be rounded up to the nearest whole number. Refer to Section 30.150.110 Inclusionary Requirements for Rental Housing Projects, to determine the number of Inclusionary Units for Rental Housing Projects.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
9 30.15.060 Measuring Distances.
A. Measurements are Shortest Distance. When measuring a required distance, such as the minimum distance between a structure and a lot line, the measurement is made at the closest or shortest distance between the two objects.
B. Distances are Measured Horizontally. When determining distances for setbacks and structure dimensions, all distances are measured along a horizontal plane from the appropriate line, edge of building, structure, storage area, parking area, or other object. These distances are not measured by following the topography or slope of the land.
C. Measurements Involving a Structure. When measuring a required distance involving a structure, the measurements are made to the closest exterior wall or exterior element of the structure. Structures or portions of structures that are entirely underground are not included in measuring required distances.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
10 FIGURE 30.15.060.A, B, AND C: MEASURING DISTANCES
D. Measurement of Vehicle Stacking or Travel Areas. Measurement of a minimum travel distance for vehicles, such as vehicle backup distance, are measured down the center of the vehicle travel area. For example, curving driveways and travel lanes are measured along the center arc of the driveway or traffic lane.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
11 FIGURE 30.15.060.D: MEASURING TRAVEL AREAS
E. Measuring Radius. When a specified element is required to be located a minimum distance from another element, the minimum distance is measured in a straight line from all points along the lot line of the subject land use, in all directions.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
12 FIGURE 30.15.060.E: MEASURING RADIUS
30.15.070 Measuring Floor Area.
The net floor area of a structure is the sum, in square feet, of the horizontal areas of all floors of a structure or other enclosed structure, or portions thereof, measured from either the interior perimeter of the exterior walls, or below the roofline, or the centerline of interior walls, as described below. All references to floor area in this title are to net floor area, unless otherwise indicated. The following are included in and excluded from floor area except as otherwise provided in this title.
A. Included in Floor Area.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
13 1. Enclosed Structures. Net floor area includes all space within a structure that is below the roof and within the interior perimeter of the exterior walls of any main or accessory structure.
2. Interior Spaces. Net floor area of interior spaces, such as rooms or separate tenant spaces, includes all space within the centerlines of demising walls separating such spaces or portions thereof.
3. Stairways and Elevator Shafts. In the case of a multistory structure that has covered or enclosed stairways, stairwells, or elevator shafts, the floor area of such features is counted only once at the floor level of their greatest area of horizontal extent.
4. Unenclosed Structures. When measuring the area of a structure that is unenclosed The net floor area of a structure with no walls, or partial walls, such as a carport, the net floor area includes all space below the roof line.
B. Excluded from Floor Area. The following areas are excluded from floor area:
1. Vent shafts or areas with a ceiling height of less than five feet above finished floor.
2. Attics, crawlspaces, or similar areas, where entry is made only for service of utilities, and not designed for use as storage or any other use whatsoever.
3. If Uunenclosed on at least two sides, roofed areas such as patio covers, porches, trellises, gazebos, shade structures, or other similar unenclosed structures shall not count toward the calculation of floor area if not used for the shelter, housing, or enclosure of persons, animals, or property.
4. Enclosed spaces in nonresidential or mixed-use structures that contain “infrastructure” (e.g., mechanical equipment enclosures, vent shafts, trash and recycling enclosures, air conditioners, forced air units, electric vaults, water heaters and softeners, cellular telephone equipment, and other similar uses) shall not count toward the calculation of floor area if such areas are designed in the minimum size necessary to screen or enclose such equipment, and the space cannot be converted to storage or another non-infrastructure use.
5. Nonlivable residential Minor accessory structures that do not require a building permit for construction or installation.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
14 6. Temporary structures permitted with a Temporary Use Permit.
FIGURE 30.15.070.A: MEASURING FLOOR AREA
30.15.080 Measuring Front Yards.
Front yards shall be measured by extending perpendicular lines from each point of a front lot line to the nearest wall of the first main building on the lot. Where there is no wall of a main building on the lot which intercepts said perpendicular lines, said yard will terminate at a point determined by extending a line parallel to the front lot line from the corner of the front elevation of the main building to the nearest lot line. The front elevation of a building is any elevation that faces a street.
A. Rounded Corners. If the corner of the front elevation is rounded (i.e., a tower), the corner of the elevation shall be established by drawing the smallest square or rectangle that will enclose the round element and extend the line from the corner of the superimposed square or rectangle that is closest to the front lot line.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
15 FIGURE 30.15.080: MEASURING FRONT YARDS
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
16 AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
17 30.15.090 Measuring Height and Stories.
A. Measuring Height Generally. Height is the vertical distance measured from existing or finished grade, whichever is lower, to the top of the structure directly above. Special measurement provisions are also provided below.
A.B. Measuring Building Height on Sloped Lots. Building height on sloped lots is measured from a warped plane connecting the perimeter of the building where it contacts the lower of existing or finished grade to every part of the building roof or parapet. every point on top of the building roof or roof parapet to a warped plane directly below connecting all points where existing or finished grade, whichever is lower, contacts the exterior building walls or foundation system.
1. Exception: The vertical portion of exterior doors, stairway landings, or light wells on a basement elevation are excluded from the height calculation if the cumulative total width does not exceed 12 feet per elevation.
C. Height Exclusions.
1. Light Wells. The vertical portion of exterior doors, stairway landings, or light wells on a basement elevation are excluded from the height calculation if the cumulative total width does not exceed 12 feet per elevation.
2. Architectural Elements. Architectural elements that do not add floor area to a structure, such as chimneys, vents, antennae, open trellises that do not exceed 12 feet in height, rooftop equipment and associated screening, roof-mounted solar energy systems a maximum of three feet above the maximum height limit, roof decks that do not exceed 10 inches in height above the roof, guard rails for roof decks, and towers including stairway or elevator towers with minimum landings for egress are not considered a part of the height of a structure, but all portions of the roof and roof parapet are included.
3. Additional Height Allowances. See Section 30.140.100, Exceptions to Height Limitations.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
18 FIGURE 30.15.090.AB: MEASURING BUILDING HEIGHT ON SLOPED LOTS AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
19 B.D. Measuring the Height of Fences and Hedges. The height of a fence or hedge is measured in a vertical line from the lowest point of contact with the ground directly adjacent to both sides of the fence or hedge to the highest point of the fence or hedge along said vertical line.
1. Multiple Fences and Hedges. All fences and hedges located within five feet of each other, including fences and hedges on adjoining lots, shall be considered a single fence or hedge. The height of multiple fences and hedges that are subject to the same height limitation shall be measured from the lowest point of contact with the ground of a fence or hedge to the highest point of any other fence or hedge located within five feet. The horizontal separation shall be measured from the surfaces of the fences or hedges that face each other.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
20 FIGURE 30.15.090.BD: MEASURING THE HEIGHT OF FENCES AND HEDGES C.E. Determining Prescribed Landscapeing Height. The prescribed heights of landscapeing are the heights to be attained within five years after planting.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
21 D.F. Measuring the Height of Decks and Patios. Deck and patio height is determined by measuring from the ground below to the top of the surface of the deck or patio directly above.
Guardrails, the minimum height required by the Building Code, are exempt from the height measurement.
FIGURE 30.15.090.DF: MEASURING HEIGHT OF DECKS AND PATIOS E.G. Determining the Number of Stories in a Building. In determining the number of stories in a building or structure, the following rules apply:
1. The number of stories in a building or structure shall be construed to be the maximum number of stories through which any one of an unlimited number of possible vertical lines can pass, without passing through a wall.
2. An interior balcony or mezzanine is counted as a story if its floor area exceeds onethird of the total area of the nearest full floor directly below it.
3. Any floor which is partly below and partly above grade, such as a basement, cellar, or understory, shall be counted as a story if more than a cumulative total width of 12 feet per elevation has a distance from finished grade to ceiling greater than four feet.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
22 4. An attic half-story, when applicable, is identified by “.5” in the description of maximum height. An attic half-story is not counted as a whole story when its top wall plates, on at least two opposite exterior walls, are less than four feet above the floor of such story.
FIGURE 30.15.090.EG: DETERMINING THE NUMBER OF STORIES
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
23 30.15.100 Measuring Setbacks and Stepbacks.
Setbacks are measured as the distance between any lot line and a line parallel to the lot line the depth of such area being the distance required by this title.
A. Front Setbacks. If a portion of the property is located within a street dedication, the setback is measured from the boundary of the street dedication.
B. Upper Story Setbacks. Upper story setbacks shall apply to all portions of any upper story except as provided in Section 30.140.090, Encroachments into Setbacks and Open Yards.
C. Upper Story Stepbacks. Upper story stepbacks shall be measured at the required setback line. For example, if the setback is 15 feet, with a 5-foot stepback, the portion of the building subject to the stepback shall be stepped back a minimum of 5 feet from the 15-foot setback line (i.e., 20 feet from the property line). Upper story stepbacks apply to all portions of any upper story except as provided in Section 30.140.090, Encroachments into Setbacks and Open Yards. Recessed areas on interior upper story stepbacks may not be used as a balcony, deck, terrace, or other usable space.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
24 C.D. Multiple Required Setbacks. If there are multiple required setbacks, the more restrictive applies.
FIGURE 30.15.100: MEASURING SETBACKS
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
25 FIGURE 30.15.100.C: MEASURING UPPER STORY STEPBACKS
30.15.110 Measuring Street Frontage.
Street frontage is measured along the front lot line.
30.15.120 Screening.
When required by this title, screening shall minimize the visual impact of an object or land use to the extent appropriate, through means of placement, barrier, or camouflage. Screening shall be designed to blend into the surrounding architecture or landscape so that the object or land use is not apparent to the casual observer. Screening shall be measured as follows: These standards provide methods for the screening and buffering of surface parking, mechanical equipment, and any other objects or land uses as required by this code to minimize visual, noise, and privacy impacts to surrounding properties and rights-of-way.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
26 A. Screening Generally. Unless otherwise stated in this section, objects and activities are considered “screened” when they are either not publicly visible, as defined in Section 30.300.160 “P” of this code, or behind a solid six-foot-high fence or hedge where such fence or hedge is otherwise allowed by zoning. Screening shall be required for the repair, rehabilitation, expansion, new installation, or relocation of any object or land use to be screened.
A.B. Uncovered Parking. Uncovered automobile parking shall be screened when viewed from the adjacent street or alley, in locations as specified by Section 30.175.060, Location of Required Automobile and Bicycle Parking, consistent with one of the following:
1. On a site with four or fewer automobile parking spaces, uncovered parking must be screened from public view, except at driveways necessary for ingress and egress, by a solid fence, wall, driveway gate, or a compact evergreen hedge, with a maximum height between 5 and 6 feet and a minimum distance of 10 feet from the front lot line. The area between the lot line and such fence or wall must be landscaped; or
2. If located more than 35 feet from a front lot line, and includes no more than four automobile parking spaces, uncovered parking is considered screened by the distance from the front lot line; or
3. On a site with five or more automobile parking spaces, applicable fence and landscape buffers, consistent with Section 30.175.080 Parking Area Landscape and Fence Standards, must be provided for screening.
B. Other Objects. Other than uncovered parking, the object or land use shall be screened from any public view, public parking lots, or adjacent residential properties.
C. Trash and Recycling. Trash and recycling containers must be screened and located in compliance with the standards in Section 30.140.240, Waste, Recycling, and Outdoor Storage.
D. Screening Materials. Screening may include fences and walls, landscape, equipment painted to match the building, building parapets, or other architectural elements in the building’s architectural style.
E. Screening Height. All screen devices shall be as high as the highest point of the object being screened but shall not exceed applicable maximum height limitations. Screening height shall be measured as the vertical distance between the finished grade at the base of the screen and the top edge of the screen material.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
27 C. Design Review Required. All screening shall be reviewed and approved by the appropriate Design Review body.
D.F. Exceptions.
1. Solar energy (i.e., photovoltaic) panels and electric vehicle charging stations shall not be subject to the screening requirements described in this section. However, accessory power equipment associated with these systems shall be fully screened.
2. Where an applicant can demonstrate to the satisfaction of the appropriate Design Review body that variations in the requirements of this section are warranted in order to provide relief for existing site constraints, or to achieve a superior aesthetic or environmental design, screening may be reduced or waived by the Design Review body.
FIGURE 30.15.120: SCREENING
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
28 SECTION 2. Sections 30.140.050 and 30.140.100 of Chapter 30.140 of Title 30 of the Santa Barbara Municipal Code is amended to read as follows:
Division III: Citywide Regulations
Chapter 30.140 General Site Regulations
Sections:
30.140.050 Development Along Mission
Creek
30.140.100 Exceptions to Height Limitations
30.140.050 Development Along Mission Creek.
A. Purpose. The purpose of this section is to provide controls on development adjacent to the bed of Mission Creek within the City of Santa Barbara. These controls are necessary:
1. To prevent undue damage or destruction of developments by flood waters;
2. To prevent development on one parcel from causing undue detrimental impact on adjacent or downstream properties in the event of flood waters; and
3. To protect the public health, safety and welfare.
B. Applicability. No person may construct, build, or place a development within the area described in Subsection 30.140.050.C, Development Limitation Area, unless said development has been previously approved as provided in Subsection 30.140.050.E, Approval Required. The development must also comply with the City of Santa Barbara's adopted Floodplain Management regulations.
C. Development Limitation Area. The limitations of this section shall apply to all land within the area of the Mission Creek watercourse pursuant to Section 30.15.040, Determining Area of a Watercourse Creek Top of Bank, and all land located within 25 feet of the top of either bank of Mission Creek within the City of Santa Barbara.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
29 D. Development Defined. Development, for the purposes of this section, shall include any structure requiring a building permit; the construction or placement of a fence, wall, retaining wall, steps, deck (wood, rock, or concrete), or walkway; any grading; or, the relocation or removal of stones or other surface which forms a natural creek channel.
E. Approval Required. Prior to construction of a development in the area described in Subsection 30.140.050.C, Development Limitation Area, the property owner shall obtain approvals as follow:
1. Any development subject to the requirement for a building permit shall be reviewed and approved by the Community Development Director or the Planning Commission on appeal, prior to the issuance of a building permit.
2. Any development not requiring a building permit shall be reviewed and approved by the Community Development Director, or the Planning Commission on appeal. A description of the development shall be submitted showing the use of intended development, its location, size and manner of construction.
F. Development Standards. No development in the area subject to this section shall be approved unless it is found that it will be consistent with the purposes set forth in Subsection
30.140.050.A, Purpose.
1. The Community Development Director, or the Planning Commission on appeal, shall consider the following in determining whether the development is consistent with Subsection 30.140.050.A, Purpose:
a. That the proposed new development, additions, alterations, and improvements, will not significantly reduce existing floodways, realign stream beds or otherwise adversely affect other properties by increasing stream velocities or depths, or by diverting the flow, and that the proposed new development will be reasonably safe from flow-related erosion and will not cause flow-related erosion hazards or otherwise aggravate existing flow-related erosion hazards. b. That proposed reconstruction of structures damaged by fire, flood or other calamities will comply with Subparagraph 1.a above, or be less nonconforming than the original structure and will not adversely affect other properties.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
30 c. The report, if any, of a qualified soils engineer or geologist and the recommendations of the Santa Barbara County Flood Control and Water Conservation District.
d. Whether denial of approval would cause severe hardship or prohibit the reasonable development and use of the property.
2. The Community Development Director, or the Planning Commission on appeal, may consider the following factors as mitigating possible hazards which might otherwise result from such development:
a. Where the development is located on a bank of the creek which is sufficiently higher than the opposite bank to place the development outside a flood hazard area.
b. Where the creek bed adjacent to the development is sufficiently wide or the creek bank slope sufficiently gradual that the probability of flood hazard is reduced. c. Where approved erosion or flood control facilities or devices have been installed in the creek bed adjacent to the development. d. Where the ground level floor of the development is not used for human occupancy and has no solid walls.
e. Where the development is set on pilings so that the first occupied floor lies above the 100-year flood level, and such pilings are designed to minimize turbulence.
3. The Staff Hearing Officer, or the Planning Commission on appeal, may grant a Modification to required Open Yards or setbacks required by the applicable zone, pursuant to Chapter 30.250, Modifications, in order to enable a structure to comply with the Development Limitation Area in Subsection 30.140.050.C, or to be relocated to a safer or more appropriate location on the lot.
G. Procedures. The following procedures shall apply to developments in the area defined in Subsection 30.140.050.C, Development Limitation Area:
1. All applicants shall receive an environmental assessment.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
31 2. All applications shall be referred to the Santa Barbara County Flood Control and Water Conservation District and the City Parks and Recreation Department Creeks Division for review and comment.
3. Upon completion of the above review and comment, the proposed development shall be reviewed by the Community Development Director as provided in Subsection
30.140.050.E, Approval Required. The Community Development Director shall give the applicant and any other person requesting to be heard, an opportunity to submit oral or written comments prior to a decision. The Community Development Director shall send by mail notice of the decision to the applicant. The decision of the Community Development Director shall be final unless appealed by the applicant or any interested person to the Planning Commission within 10 days by the filing of a written appeal with the Community Development Department. The Community Development Department shall schedule the matter for a noticed public hearing by the Planning Commission pursuant to 30.205, Common Procedures. The decision of the Planning Commission shall be final.
30.140.100. Exceptions to Height Limitations.
A. Architectural Elements. Architectural elements that do not add floor area to a structure, such as chimneys, vents, antennae, open trellises, rooftop equipment and associated screening, solar panels, roof decks that do not exceed 10 inches in height above the roof, guard rails for roof decks, and towers including stairway or elevator towers with minimum landings for egress are not considered a part of the height of a structure, but all portions of the roof and roof parapet are included. Additional Height Exceptions are in Section 30.15.090, Measuring Height and Stories.
B. Community Benefit and Community Benefit Housing Projects. In the C-G, M-C, M-I, and CO-MI zones, up to 60 feet in height may be allowed for projects that qualify as a Community Benefit Project or a Community Benefit Housing Project in accordance with the following.
1. Required Findings. A Community Benefit Project or a Community Benefit Housing Project may only be approved if the following findings are made in addition to any other findings required by this Title.
a. Demonstrated Need. The applicant has adequately demonstrated a need for the project to exceed 45 feet in height that is related to the project’s benefit to the community, or due to site constraints, or in order to achieve desired architectural qualities;
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
32 b. Architecture and Design. The project will be exemplary in its design;
c. Livability. If the project includes residential units, the project will provide amenities to its residents which ensure the livability of the project with particular attention to good interior design features such as the amount of light and air, or ceiling plate heights; and
d. Sensitivity to Context. The project design will complement the setting and the character of the neighboring properties with sensitivity to any adjacent federal, state, and City Landmarks or any nearby designated Historic Resources, including City-designated Structures of Merit.
2. Procedure.
a. Conceptual Design Review. Prior to the Planning Commission considering an application for a height exception pursuant to this section, a project shall receive conceptual design review by the appropriate Design Review body as required by Title 22 of the Santa Barbara Municipal Code Chapter 30.220, Design Review.
b. Planning Commission Consideration of Findings
i. Design Review Projects. If a project only requires design review by the Historic Landmarks Commission or the Architectural Board of Review under Title 22 of the Santa Barbara Municipal Code, the Planning Commission shall review and consider the building height findings of this section after conceptual design review and before consideration of the project by the Historic Landmarks Commission or the Architectural Board of Review for Project Design approval.
ii. Staff Hearing Officer Projects. If a project requires the review and approval of a permit by the Staff Hearing Officer, the Planning Commission shall review and consider the building height findings after conceptual design review pursuant to Title 22 of the Santa Barbara Municipal Code, but before the preparation of a full application for the consideration of the permit by the Staff Hearing Officer.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
33 iii. Planning Commission Projects. If a project requires the review and approval of a permit by the Planning Commission, the Planning Commission shall review and consider the building height findings after conceptual design review pursuant to Title 22 of the Santa Barbara Municipal Code, but before the Development Application Review Team (DART) submittal and before the consideration of the land use approval by the Planning Commission.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
34 SECTION 3. Chapter 30.145 of Title 30 of the Santa Barbara Municipal Code is amended to read as follows:
Chapter 30.145 Affordable Housing and Density Bonus and Development Incentives
Sections:
30.145.010 Intent
30.145.020 Density Bonus Under State Law
30.145.030 Density Bonus Under City
Program
30.145.035 Affordable Housing Streamlined
Approval
30.145.040 Denial of By-Right Affordable
Housing Projects
30.145.010 Intent.
The intent of this chapter is to provide incentives for the development of housing affordable to very-low income, lower income, senior and other qualifying households (hereinafter referred to collectively in this chapter as “affordable housing development”). State law mandates the provision of density bonuses to senior, very-low, and lower income households under certain circumstances.
The City of Santa Barbara has created a separate density bonus program for certain other households. This chapter also establishes conditions and procedures for processing streamlined and by-right housing projects consistent with California Government Code § 65913.4 State law. If any portion of this Chapter conflicts with any applicable State law, State law shall supersede this Chapter. Any ambiguities in this Chapter shall be interpreted to be consistent with State law.
Statutory references in this ordinance include successor provisions.
30.145.020 Density Bonus Under State Law.
If a project meets the criteria of State law, the project shall be granted a density bonus and incentives or concessions as required by State law and processed as required by State law unless otherwise requested by the applicant.
A. Qualifying Housing Developments. Qualifying Housing Developments are as defined in Government Code § 65915.
B. Unit Size. Affordable units shall be comparable in size and provide at least the same average number of bedrooms as the non-affordable units.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
35 C. Childcare Facility Density Bonus. When an applicant proposes to construct a housing development that conforms to the requirements of the State density bonus law and includes a childcare facility other than a family day care home that will be located on the premises of, as part of, or adjacent to the project, the City shall grant additional density bonus or additional concession or incentive as required by State law.
D. Procedure.
1. Determination of Qualification. The applicant shall submit the project for review by the Community Development Director to determine whether the project meets the criteria set forth in State density bonus law.
2. Density Bonus and Development Incentives. The density bonus, development incentives, and processing shall be provided as required in Government Code § 65915.
3. Review Procedure. A project which meets all the requirements of State law shall be processed pursuant to the applicable discretionary or objective design review procedure, subject to the following exceptions:
a. Lot Area Density Modification Not Required. When the State density bonus requested is no more than the density bonus mandated by State law, the Community Development Director shall deem the project’s density consistent with the Zoning Ordinance and project shall be deemed exempt from the requirement for a density modification pursuant to Chapter 30.250, Modifications. b. Other Discretionary or Objective Design Review Required. State density bonus projects shall be subject to any other discretionary or objective design review procedure applicable to multi-unit residential uses of the same type in the same zone. b. Design Review Body Hearing. When the Community Development Director determines that a proposed project meets all the requirements of the residential zoning category in which the project is proposed, does not cause any unavoidable, significant, environmental impacts, and requires design review as its only City discretionary approval, the appropriate design review body shall review the project. c. Decision. The Community Development Director shall determine whether a project and its requested concessions, incentives and development standard waivers are consistent with State density bonus law.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
36 30.145.030 Density Bonus Under City Program.
A. Qualifying Housing Developments. When a developer proposes an affordable housing development which is not proposed under the sState law criteria and requests a density bonus, the Community Development Director shall review the project for consistency project shall comply with the City’s density bonus program, adopted by resolution in the City of Santa Barbara Affordable Housing Policies and Procedures Manual.
B. Procedure.
1. Density Modification Required. If the proposed project is determined to be consistent with the criteria of the City’s density bonus program, it shall be processed according to the applicable discretionary review procedures and approved or denied under the provisions of that program. with a density modification pursuant to Chapter 30.250, Modifications, and any other discretionary review procedure (e.g., design review, development plan) applicable to multi-unit residential uses of the same type in the same zone.
2. No Automatic Concessions. The City density bonus program does not include automatic concessions, incentives, or development standard waivers. However, the proposed project may apply for a modification of any applicable standard as allowed pursuant to Chapter 30.250, Modifications.
C. Relationship to State Density Bonus Law. If an applicant requests a density bonus pursuant to § 65915 of the California Government Code, the proposed project may not also use the density bonus under the City program.
30.145.035 Affordable Housing Streamlined Approval.
The provisions of this section apply to applications deemed complete before January 1, 2026 that meet the criteria for qualifying streamlined housing projects and shall be processed as required by state law. No application under this section will be accepted by the City after January 1, 2026 unless the state extends or does not repeal Government Code § 65913.4 or if Government Code § 65913.4 expires or is repealed. This section shall remain in effect for the same period as provisions contained in Government Code § 65913.4. Any provisions that are not extended by the State Legislature shall be repealed as of the date those provisions in Government Code § 65913.4 are deemed null and void. Applications under this section will be accepted by the City for review until the time the State statute expires or is repealed.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
37 A. Qualifying Streamlined Housing Projects. Qualifying streamlined housing projects are as defined in Government Code § 65913.4.
B. Exempt From Discretionary Review. Qualifying streamlined housing projects shall be exempt from all City discretionary review including, but not limited to, any required pre-application or concept review; discretionary action on a tentative map; and discretionary design review, provided that the project conforms with all applicable objective provisions of s State law, the Municipal Code, the General Plan, and this section. Except that, if the project is in the coastal zone, an application for a Coastal Development Permit shall be submitted as required by Chapter 30.210, Coastal Permits.
C. Objective Zoning and Design and Development Standards. Any lot developed with a qualifying streamlined housing project shall comply with all objective land use regulations, citywide regulations, development standards, and design review standards, including the Objective Design Standards for Streamlined Housing Projects and Development Standards (ODDS) in Title 25 of this code in effect at the time a complete application is submitted, applicable to a residential multi-unit or mixed-use project within the zoning district in which the lot is located, including, but not limited to, residential density, setbacks, height, and open yard, as described in Santa Barbara Municipal Code.
1. Exceptions Prohibited. A streamlined housing project may not include a request for an exception to these objective standards by applying for a variance, modification, exception, waiver, or other discretionary approval for height, density, setbacks, open yard, land use, development plan approval, or similar development standard, other than modifications concessions, incentives, or development standard waivers granted as part of a density bonus concession or incentive pursuant to sState density bonus law.
D. Review Process.
1. Notice of Intent. Before submitting an application for a development subject to streamlined, ministerial approval, the applicant must submit a notice of intent in the form of a preliminary application that includes all of the information described in Government Code § 65941.1.
2. Scoping Consultation. Upon receipt of a notice of intent, the City will engage in a scoping consultation with any California Native American tribe that is traditionally and culturally affiliated with the geographic area, according to the timelines and procedures established by State law. After concluding the scoping consultation, the applicant will be notified as follows:
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
38 a. If it is either determined that no potential tribal cultural resource could be affected by the proposed development, or if all parties and the property owner enter into an agreement establishing the methods, measures, and conditions for treatment of the tribal cultural resource, the applicant may submit an application for review. b. If it is determined that a potential tribal cultural resource could be affected by the proposed development, and all parties or the property owner do not reach an agreement on methods, measures, and conditions to avoid or address impacts to tribal cultural resources, the development shall not be eligible for the streamlined, ministerial approval process.
3. Review of Applications. After the scoping consultation is deemed to be concluded, and if the project is eligible, the applicant may submit an full application pursuant to Chapter 30.205, Common Procedures for ministerial review of the design and an initial determination whether the project meets the remaining criteria for approval in compliance with Government Code § 65913.4.
4. Ministerial Design Review. After the application is determined to be complete, the Community Development Director will schedule the project for ministerial design review by either the Architectural Board of Review or Historic Landmarks Commission, as appropriate, for one or more public oversight hearings, as follows:
a. Ministerial design review shall be objective and strictly focused on assessing compliance with the criteria required for streamlined housing projects, as well as any adopted objective design standards.
b. Ministerial design review shall require public notice and a hearing pursuant to Chapter 30.205, Common Procedures.
5. Project Approval. A project which meets all the requirements of s State law and this section shall be approved by the applicable design review body in compliance with the time periods established by State law.
6. Appeals. A final action by the design review body to deny on a qualifying streamlined housing project may be appealed by the applicant to the City Council in accordance with Chapter 1.30 of the Santa Barbara Municipal Code. In addition to the procedures specified in Chapter 1.30 of the Santa Barbara Municipal Code, public notice shall be provided in the same manner required for the action that was the subject of the AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
39 appeal. In deciding such an appeal, the City Council shall determine whether the project complies with the criteria required for streamlined housing projects, as well as any adopted objective design standards.
4. Objective Design Review. Qualifying streamlined housing projects shall be permitted with objective design review pursuant to Section 30.220.050, Objective Design Review, in compliance with the time periods and other provisions established by State law.
30.145.040 Denial of Affordable Housing Projects.
If at least 20% of the total units in a housing development are sold or rented to low income households, and the balance of the units are sold or rented to either low or moderate income households, it shall not be disapproved or conditioned in a manner which renders the project infeasible for development for the use of low and moderate income households unless the decision making body finds, based upon substantial evidence, one of the following, pursuant to California Government Code Section 65589.5:
A. The project is not needed for the City to meet its share of the regional need of low or moderate income housing as outlined in the adopted Housing Element to the General Plan; or B. The project as proposed would have a specific, adverse impact upon the public health and safety, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the project unaffordable to low or moderate income households; or C. Denial of the project or imposition of conditions is required in order to comply with specific state or federal law, and there is no feasible method to comply without rendering the project unaffordable to low or moderate income households; or
D. Approval of the project would increase the concentration of low income households in a neighborhood that already has a disproportionately high number of low income households and there is no feasible method of approving the development at a different site, including sites identified in the adopted Housing Element, without rendering the development unaffordable to low or moderate income households; or
E. The project is proposed on land zoned for resource preservation which is surrounded on at least two sides by land being used for agricultural or resource preservation purposes, or which does not have adequate water or wastewater facilities to serve the project; or AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
40 F. The project is inconsistent with the land use designation as outlined in the adopted General Plan or in any General Plan element as it existed on the date the application for the project was deemed complete.
30.145.040 By-Right Approval.
A. Purpose. This section specifies the process for reviewing uses entitled to review as a “use by right” as defined in Government Code § 65583.2. In enacting this section, it is the intent of the City to implement State law as well as the goals, objectives, and policies of the City’s Housing Element of the General Plan. The provisions of this section apply to all applications that meet the criteria for by-right approval and shall be processed as required by State law. Applications under this section will be accepted by the City for review until the time an applicable State statute expires or is repealed.
B. Qualifying Projects. The following uses are eligible for by-right approval:
1. Use by Right Affordable Housing. Affordable housing projects that meet all of the requirements of Government Code § 65583.2 and as follows:
a. Affordability. At least 20% of the total units in the housing development project are sold or rented to very low or low income households. b. Location. Located on sites identified to accommodate a portion of the lower income unit capacity in the General Plan Housing Element “Suitable Sites Inventory” and are shown as either (1) a vacant site in two or more consecutive Housing Element cycles, or (2) as a nonvacant site in the prior Housing Element cycle but not yet developed for housing.
2. Permanent Supportive Housing. As defined in Government Code § 65650 that meets all of the requirements of Government Code § 65660 et seq.
3. Low Barrier Navigation Centers. As defined in Government Code § 65650 that meets all of the requirements of Government Code § 65660 et seq.
4. Land Owned by a Higher Education or Religious Institution. 100% affordable projects located on land that is owned by an independent institution of higher education or religious institution as described in Government Code § 65913.16.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
41 5. Emergency Shelters. Projects consistent with Government Code § 65583 Section and Section 30.185.170, Emergency Shelter.
6. Other. Other projects eligible under State law for by-right approval.
D. Review Process.
1. An applicant for a project eligible for by-right approval shall submit an application pursuant to Chapter 30.205, Common Procedures, for ministerial review of the design.
2. Projects eligible for by-right approval shall be exempt from all City discretionary review, provided that the project conforms with all objective land use regulations, citywide regulations, development standards, and design review standards, including the Objective Design and Development Standards (ODDS) in Title 25 of this code, that apply to other multi-unit housing within the same zone. Except that, if the project is in the coastal zone, an application for a Coastal Development Permit shall be submitted as required by Chapter
30.210, Coastal Permits.
3. As provided by Government Code § 65583.2(i), an eligible project is exempt from the California Environmental Quality Act.
4. Projects eligible for by-right approval shall be permitted with objective design review pursuant to Section 30.220.050, Objective Design Review, consistent with the time periods and other provisions established by State law.
30.145.050 Denial of Affordable Housing or Emergency Shelters.
If a housing development includes 20% of units affordable to very low or low- income households, 100% of units affordable or moderate or middle income households, or an Emergency Shelter, the Review Authority shall approve the housing development unless the Review Authority makes written findings supported by a preponderance of the evidence in the record, as to at least one of the findings in Government Code § 65589.5(d).
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
42 SECTION 4. Chapter 30.175 of Title 30 of the Santa Barbara Municipal Code is amended to read as follows:
Chapter 30.175 Parking Regulations
Sections:
30.175.010 Purpose
30.175.020 Applicability
30.175.030 General Provisions
30.175.040 Required Automobile and Bicycle
Parking Spaces
30.175.050 Parking Exceptions and
Reductions
30.175.060 Location of Required Automobile
and Bicycle Parking
30.175.070 Bicycle Parking
30.175.080 Parking Area Landscape and
Fence Standards
30.175.090 Parking Area Design and
Development Standards
30.175.010 Purpose.
The purposes of these parking regulations are to:
A. Provide for parking facilities and site design that allow for choice in transportation modes; B. Provide sufficient off-street automobile and bicycle parking spaces to accommodate the majority of users of a site over time;
C. Provide standards for safe and well-designed parking, loading and vehicle circulation areas, promote attractive pedestrian routes, and provide landscaping requirements to screen, shade, and beautify parking and circulation areas;
D. Promote community character, protect historic resources, and limit the environmental and urban design impacts that can result from off-street parking and circulation; E. Create buffers between parking facilities and surrounding sensitive land uses; F. Allow for reductions of the number of required spaces where warranted; and G. Allow for flexibility in parking design where warranted.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
43 30.175.020 Applicability.
The requirements of this chapter apply to the establishment, alteration, addition to, or change in any use of a building, structure, or site development, as provided in this section.
A. New Structures and New Land Uses. Automobile and bicycle parking in conformity with this chapter shall be provided at the time any structure is erected, or any new land use or new residential unit is established.
B. Existing Structures and Existing Land Uses.
1. Additions and Alterations. Existing structures and land uses that are conforming or nonconforming to the minimum number of automobile parking spaces may be altered or enlarged as follows:
a. Projects that Result in a Higher Parking Requirement. Additional automobile and bicycle parking spaces shall be provided pursuant to this chapter for any addition of new floor area or other alteration to an existing use that results in an increase to the minimum number of required parking spaces for any existing building, structure, or land use. The number of additional automobile parking spaces that must be provided for the project shall be equal to the number of parking spaces required for the proposed addition.
b. Projects that Result in the Same or Lower Parking Requirement. If an addition of new floor area alteration results in the same or fewer automobile and bicycle parking spaces required for any existing building, structure, or land use, no additional automobile parking spaces shall be required.
2. Alterations and Change of Use.
a. Alterations and Change to Use with Same or Lower Parking Requirement. When an existing building, structure or land use is altered or changed to another land use that requires the same or fewer automobile parking spaces under this chapter than are required for the existing use, no additional automobile parking spaces shall be required.
b. Alterations and Change to Use with Higher Parking Requirement.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
44 i. Industrial Uses. in the M-C, M-I, CO-MI, and CO-CAR Zones. In the manufacturing and industrial zones (M-C, M-I, CO-MI, and CO-CAR Zones), when an industrial land use is changed to a commercial land use or any other non-industrial another land use that requires more parking spaces under this chapter than are required for the existing use, automobile parking in conformity with this chapter shall be provided for all new and existing land uses on-site.
ii. Non-Industrial Uses in the M-C, M-I, CO-MI, and CO-CAR Zones and All Uses in Other Zones. Except as provided for industrial uses in certain zones above, when an existing land use is changed to another land use that requires more parking spaces under this chapter than are required for the existing use, additional automobile parking shall be provided. The number of additional automobile parking spaces shall be equal to the number of parking spaces required pursuant to this chapter for the proposed development minus the number of parking spaces already being provided for the existing use. required pursuant to this chapter for the existing development. The total number of required automobile parking spaces is the sum of the additional parking spaces calculated above, plus the existing parking spaces.
3. Nonconforming Parking.
a. Right to Continue. Existing structures and land uses on lots that are nonconforming to the minimum number of automobile parking spaces, may be continued, altered, or enlarged, subject to the requirements of this chapter. The right to continue shall attach to the land and shall not be affected by a change in ownership, tenancy, or management. The right to continue shall terminate once the nonconforming parking becomes conforming, is made more conforming, or if the existing structures are demolished or substantially redeveloped but shall not terminate due to a discontinuation of use or if the demolished or substantially redeveloped structure is reconstructed, pursuant to subsection b, below. When nonconforming parking becomes more conforming, the right to continue shall only be applicable to the most conforming parking configuration. b. Substantial Redevelopment and Replacement of Existing Structures. Existing structures on lots that are nonconforming to the minimum number of automobile parking spaces may be demolished or substantially redeveloped and rebuilt without AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
45 conforming to the minimum number of automobile parking spaces, provided that all of the following conditions are met:
i. The use of the new or reconstructed structure is the same Use Classification as the existing structure.
ii. All conditions specified in Section 30.165.080, Substantial Redevelopment and Replacement of Demolished Nonconforming Structures, are met.
iii. Any new, altered, or reconstructed parking area and landscape area conforms to all standards in Section 30.175.090, Parking Area Design and Development Standards, and Section 30.175.080, Parking Area Landscape and Fence Standards.
c. Nonconforming Bicycle Parking.
i. Sites that are nonconforming to the minimum number of bicycle parking spaces required by this chapter shall provide conforming long term and short term bicycle parking for all new structures constructed, reconstructed, or when any addition, or alteration, or change of use results in a requirement for additional automobile parking spaces. ii. Bicycle parking shall also be required on any project that includes a change of use, substantial exterior remodel, or alteration to the existing parking areas,but. Nonresidential bicycle parking provided pursuant to this paragraph may be provided in a short term configuration. d. Nonconforming Parking Lot Landscaping. Sites that are nonconforming to the parking lot landscaping required by this chapter shall provide conforming landscaping for any new, altered, or reconstructed parking areas for the area that is altered. If conforming landscaping would result in a reduction of required automobile parking spaces, an alternative landscape design may be approved by the applicable Design Review body, pursuant to Subsection 30.175.080.E, Alternative Landscape Designs.
4. Determination of Number of Spaces. If the City discovers unpermitted or unauthorized site development affecting parking or parking configuration during application AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
46 review, or when the permit record is unclear, the Community Development Director shall have the authority to determine the number of existing conforming or nonconforming automobile and bicycle parking spaces for a site based on the requirements of this chapter.
Elements to be considered when making this determination include, but are not limited to, the following:
a. The current, actual, physical configuration of existing parking spaces located on the site, including any site constraints not previously or accurately identified on any issued Building Permit, such as topography, lot dimensions, and building locations;
b. Whether existing parking spaces are consistent with the City Access and Parking Design Standards; and
c. The dimensions of an existing garage or carport, including the existence of any obstructions, and the width of the garage or carport opening.
30.175.030 General Provisions.
A. Permit Required. A permit is required to establish any new driveway, parking area, or vehicle maneuvering area or for any change to an existing driveway, parking area, or vehicle maneuvering area.
B. Off-Street Parking Required. Whenever automobile or bicycle parking spaces are required pursuant to this chapter, they shall be located off-street.
C. Conversion or Demolition of Parking. Any permit to allow the conversion, demolition, or substantial redevelopment of any required automobile or bicycle parking space shall not be approved unless replacement parking is included under the same permit.
D. New and Existing Parking Areas. All new, reconstructed or altered driveways, parking areas, or vehicle maneuvering areas shall be designed and developed consistent with the standards of this chapter and the City Standards for Parking Design City Access and Parking Design Standards.
These standards shall apply to both required and voluntary parking spaces. All paved areas and structures accessible to vehicles shall be reviewed as potential parking areas. No vehicle shall be stored or parked on a lot in a manner inconsistent with the requirements of this chapter.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
47 E. Minimum Size of Nonconforming Two Car Garage or Carport. If an existing garage or carport legally constructed with a Building Permit has an exterior dimension less than 16 feet wide, it is considered physically unsuitable for two cars and shall be considered a single car garage or carport.
F. Timing of Construction. All parking facilities required by this chapter shall be constructed or installed prior to passing final inspection or the issuance of a Certificate of Occupancy for the uses that they serve.
G. Parking and Loading to be Maintained. All required parking and loading spaces shall be maintained in amount, design, and location, unless equivalent substitute facilities are approved and provided.
H. Availability. All parking required by this chapter must be available for its intended purpose during business hours for all nonresidential uses and at all times for residential uses, and shall remain accessible and available to all occupants and patrons of uses and structures. In no event shall parking facilities that are required for a structure or use be considered as providing any of the required parking spaces for any other structure or use.
I. Accessible Parking. Each lot where automobile parking is provided for the public as clients, guests, or employees shall include automobile parking accessible to disabled persons, in compliance with the Building Code.
1. New Structures and New Land Uses Residential Units. Accessible parking spaces must be provided in addition to the minimum number of automobile parking spaces required if both of the following apply:
a. One or fewer automobile parking spaces are required and provided for the new structure or new use; and
b. Signed, accessible, automobile parking spaces are required by the Building Code.
If voluntary automobile parking spaces are provided where there are no parking minimums, accessible parking shall be provided as required by the Building Code; however, the total number of parking spaces shall not exceed any maximum parking requirement.
If one or fewer automobile parking spaces are required per residential unit for any new development and if signed, accessible automobile parking spaces are required by the Building Code, then the signed, accessible automobile parking spaces must be provided in addition to AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
48 the minimum number of automobile parking spaces required per residential unit by this chapter.
2. Existing Structures and Existing Land Uses. The conversion of one or more existing automobile parking spaces to accessible uncovered automobile parking spaces, associated access aisles, and components of an accessible route (sloped walkways and ramps/landings/guard rails), is allowed, even if the conversion results in fewer automobile parking spaces on the lot than required, pursuant to the following:
a. Configuration. The accessibility improvement is designed and provided for persons with disabilities as required by the Building Code, on existing multi-unit residential, mixed-use, or nonresidential development.
b. Existing Development. This allowance is applicable to existing automobile parking spaces on existing development only, and shall not be used to provide fewer automobile parking spaces than are required for a project consisting of new or reconstructed structures, additions, or a change of use. c. Minimum Size. The accessibility improvement is the minimum size required by the Building Code.
d. Modifications. If the accessibility improvement does not meet these criteria, a Modification for reasonable accommodations will be made, if found to be consistent with the Americans with Disabilities Act; see Chapter 30.250, Modifications.
J. Assigned Parking. Lots developed with multiple uses and a shared parking area shall not assign automobile and bicycle parking spaces to individual tenant spaces or uses, with the following exceptions:
1. rRequired residential automobile and bicycle parking spaces in any mixed-use development shall be assigned to residential occupants; and
2. dDesignated off-site automobile parking spaces, approved pursuant to paragraph
30.175.060.A.1, Allowance for Off-Site Parking, shall be assigned.; and
3. When parking spaces are provided in tandem configuration or in mechanical lifts they may be required to be assigned to residential occupants, or individual tenant spaces or users, as determined by the Public Works Director.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
49 K. Recorded Agreement. A Recorded Agreement, pursuant to Chapter 30.260, Recorded Agreements, shall be required by the Community Development Director whenever there is a special circumstance which requires a written agreement between one or more landowners and the City is required to guarantee permanent access to, or use of, any parking facility, loading area, driveway, or maneuvering area. Examples include, but are not limited to, offsite parking and maneuvering areas, or parking and maneuvering areas that overlap multiple property lines.
L. Commercial Vehicles. Parking of commercial vehicles on any lot developed solely with residential uses is limited to the time necessary to transact business or provide a service at a residence.
M. Inoperable and Unregistered Vehicles. All vehicles incapable of movement under their own power or vehicles not currently registered for use on the street shall be stored in an entirely enclosed space. This provision does not apply to Automobile and Vehicle Repair, Major, Salvage and Wrecking, and Towing and Impound establishments.
N. Covered Parking. Covered automobile parking shall be provided as follows. Covered automobile parking shall also comply with the limitations in Section 30.140.020, Accessory Buildings.
1. Single-Unit Residential. All required automobile parking spaces must be covered. a. Exception. On lots less than 15,000 square feet, uncovered automobile parking may be substituted for covered automobile parking as follows, provided that the uncovered automobile parking complies with Section 30.175.060, Location of Required Parking, and permeable pavers are used on any new paved areas, as feasible.
i. One Covered and One Uncovered Space. Any lot developed with less than 85% of the maximum net floor area for the lot, pursuant to Section 30.20.030.A, Maximum Floor Area (Floor to Lot Area Ratio), may provide one covered automobile parking space and one uncovered automobile parking space.
ii. Two Uncovered Spaces. Any lot developed with less than 80% of the maximum net floor area for the lot, pursuant to Section 30.20.030.A, Maximum Floor Area (Floor to Lot Area Ratio), may provide two uncovered automobile spaces, subject to approval by the appropriate Design Review AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
50 Body, provided a minimum 200 cubic feet of enclosed exterior storage space is provided on-site.
2. Two-Unit Residential, Condominium, Community Apartment, or Stock Cooperative. A minimum of one automobile parking space allocated to each unit shall be covered.
3. Designated Historic Resources. On any lot developed with a designated historic resource, uncovered automobile parking may be substituted for covered automobile parking, provided that the uncovered automobile parking complies with Section 30.175.060, Location of Required Parking and subject to approval by the appropriate Design Review body, and permeable pavers are used on any new paved areas, unless reduced or waived by the appropriate Design Review body.
4. All Other Uses. For all other uses, automobile parking spaces may be provided as either covered or uncovered. However, required automobile parking spaces for any nonresidential use shall not be allowed in individual garages or carports, unless the location and design are approved by the Public Works Director.
O. Guest Parking. Except for residential development located in the Central Business District, guest automobile parking is required for all multi-unit residential development and for residential units in a mixed-use development, as follows:
1. 1-5 Units: None required.
2. 6-7 Units: One parking space.
3. 8 or More Units: One space per four units.
P. Maintenance. Parking lots, including all landscaped areas, parking spaces, driveways, and loading areas, shall be maintained free of refuse, debris, weeds, or other accumulated matter and shall be kept in good repair at all times.
Q. Standards for Voluntary Parking. If a project provides parking voluntarily, where there are no parking minimums per this title or any other provision of local, state, or federal law, or where more spaces than the minimum required are provided, the total number of parking spaces shall not exceed any maximum parking allowance in this Title, and the following standards shall apply:
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
51 1. Accessible Parking and Electric Vehicle Charging Equipment Required. All new residential and nonresidential structures shall provide electric vehicle charging spaces and parking spaces that are accessible to persons with disabilities based on the number of voluntary parking spaces provided.
2. Bicycle Parking Required. Bicycle parking is required pursuant to Table
30.175.040, Required Off-Street Parking Spaces, even if automobile parking is not required.
3. Parking Costs Unbundled from the Cost of Other Goods and Services.
Voluntary off-street parking spaces may be leased or sold separately from the rental, lease or purchase fees for residential units or nonresidential tenant spaces for the life of the building.
Renters or buyers of on-site affordable units shall have an equal opportunity to rent or buy a parking space on the same terms and conditions as offered to renters or buyers of other residential units.
4. Design Standards. All voluntary parking areas shall be designed and developed consistent with the standards of this chapter and the City Access and Parking Design Standards.
30.175.040 Required Automobile and Bicycle Parking Spaces.
A. Required Off-Street Parking Spaces. Each lot shall provide the minimum number of automobile and bicycle parking spaces stated in Table 30.175.040, Required Off-Street Parking Spaces, except as provided below.
1. Minimum Number of Spaces. Fractions shall be rounded pursuant to Section 30.15.050, Fractions.
a. Automobile Parking. If the result of rounding is less than one automobile parking space, a minimum of one automobile parking space shall be required for every new use established and new main building constructed. b. Bicycle Parking. When bicycle parking is required pursuant to this chapter, and the result of rounding is less than one space, a minimum of one bicycle parking space shall be provided. Rounding for bicycle parking shall take place prior to the determination of the numbers of short term and long term bicycle parking, as described below.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
52 c. Short Term and Long Term Bicycle Parking. When the numbers of short and long term bicycle parking spaces required per Table 30.175.040, Required Off-Street Parking Spaces, result in fractions of a space, the one remaining required bicycle parking space represented by the sum of the fractions may be provided as either short term or long term.
2. Central Business District. Lots within the Central Business District shown on Figure 30.175.050.B, Central Business District and Parking Zones of Benefit, are subject to the parking requirements of Subsection 30.175.050.B, Central Business District (CBD).
3. Exceptions and Reductions. The required number of automobile and bicycle parking spaces may be reduced if an exception applies, or a reduction is approved pursuant to Section 30.175.050, Parking Exceptions and Reductions.
TABLE 30.175.040: REQUIRED OFF-STREET PARKING SPACES
Use Classification or
Development Type
Required Automobile Parking Spaces Required Bicycle Parking Spaces (long term%/short term%)
Residential Uses
Residential Housing Types
Single-Unit Residential 2 per unit; see §30.175.030.N, Covered Parking and §30.175.050, Parking Exceptions and
Reductions
None
Two-Unit Residential 2 per unit; see §30.175.030.N, Covered Parking and §30.175.050, Parking Exceptions and
Reductions
None
Multi-Unit Residential and
Mixed-Use
Studio: 1.25 per unit
One-bedroom: 1.5 per unit
Two or more bedrooms: 2 per unit
See §30.175.050, Parking Exceptions and
Reductions and §30.175.030.O, Guest Parking
and §30.175.030.H Accessible Parking
1 space per unit
(100%/0%)
Special Residential Unit Types
Accessory Dwelling Unit §30.185.040, Accessory Dwelling Unit None Additional Residential Unit Consistent with Single-Unit Residential None Caretaker Unit 1 per unit; see §30.185.120, Caretakers Unit None AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
53 TABLE 30.175.040: REQUIRED OFF-STREET PARKING SPACES Use Classification or
Development Type
Required Automobile Parking Spaces Required Bicycle Parking Spaces (long term%/short term%)
Garden Apartment Consistent with Multi-Unit Residential 1 per unit (100%/0%)
Affordable Housing See §30.175.050.A, Affordable and Senior Housing
1 per unit
(100%/0%)
Community Care Facilities, Residential Care Facilities for the Elderly, and Hospices Community Care Facility 1 per 2 bedrooms
See §30.185.140 Community Care Facilities,
Residential Care Facilities for the Elderly, and
Hospices
1 per 15 bedrooms; minimum 2
spaces
(50%/50%)
Hospice 1 per 2 bedrooms
See §30.185.140 Community Care Facilities,
Residential Care Facilities for the Elderly, and
Hospices
1 per 15 bedrooms; minimum 2
spaces
(50%/50%)
Residential Care Facility for
the Elderly
1 per 2 bedrooms
See §30.185.140 Community Care Facilities,
Residential Care Facilities for the Elderly, and
Hospices
1 per 15 bedrooms; minimum 2
spaces
(50%/50%)
Family Day Care Home None beyond what is required for the Residential Housing Type
Consistent with Residential
Housing Type
Group Residential See §30.175.040.B, Standards for Specific Uses and Activities
1 per bedroom
(100%/0%)
Home Occupation None beyond what is required for the Residential Units
None beyond what is required
for the Residential Units
Live-Work Unit 2 per unit 1 space per unit (0%/100%)
Mobilehome Park Consistent with Multi-Unit Residential 1 space per unit (100%/0%)
Senior Housing – NonrestrictedSee §30.175.050.A, Affordable and Senior Housing
None
Senior Housing – Low
Income
See §30.175.050.A, Affordable and Senior
Housing
None
Supportive Housing None beyond what is required for the Residential Unit
None beyond what is required
for the Residential Unit
Transitional Housing None beyond what is required for the Residential Unit
None beyond what is required
for the Residential Unit
Public and Semi-Public Uses
Cemetery None beyond what is required for any
Community Assembly or Office, if applicable
1 per 1,750 square feet
(0%/100%)
College and Trade School 1 per 250 square feet of net floor area 1 per 1,750 square feet (50%/50%)
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
54 TABLE 30.175.040: REQUIRED OFF-STREET PARKING SPACES Use Classification or
Development Type
Required Automobile Parking Spaces Required Bicycle Parking Spaces (long term%/short term%)
Community Assembly 1 per 100 square feet of net floor area Outdoor areas: as determined by the Community
Development Director in consultation with the
Public Works Director
1 per 1,000 square feet
(0%/100%)
Community Garden None None
Cultural Institution 1 per 250 square feet of net floor area 1 per 1,750 square feet (50%/50%)
Day Care Center 1 per 250 square feet of net floor area 1 per 1,750 square feet (50%/50%)
Emergency Shelter 1 per 8 beds, or Sufficient to accommodate staff as determined by the Community Development
Director in consultation with the Public Works
Director
1 per 4 beds
(100%/0%) None
Harbor, Port, and Marina
Facilities
As determined by the Community Development
Director in consultation with the Public Works
Director
As determined by the Public
Works Director
Hospitals and Clinics
Hospital 1 per 250 square feet of net floor area 1 per 1,750 square feet (50%/50%)
Clinic 1 per 250 square feet of net floor area 1 per 1,750 square feet (50%/50%)
Birth Center 1 per 250 square feet of net floor area 1 per 1,750 square feet (50%/50%)
Instructional Services 1 per 250 square feet of net floor area 1 per 1,750 square feet (50%/50%)
Park and Recreation Facility As determined by the Community Development Director in consultation with the Public Works
Director
As determined by the Public
Works Director
Public Facility As determined by the Community Development Director in consultation with the Public Works
Director
As determined by the Public
Works Director
Recreational Vehicle and
Camping Parks, Overnight
Guest Parking only: 1 per 4 recreational vehicle
spaces
None
Recreational Vehicle Parks,
Permanent
Consistent with Multi-Unit Residential None
Schools High School: 5 per classroom
Elementary and Junior High School: 2 per
classroom
5 per classroom
(50%/50%)
Skilled Nursing Facility 1 per 2 beds 1 per 15 beds
(25%/75%)
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
55 TABLE 30.175.040: REQUIRED OFF-STREET PARKING SPACES Use Classification or
Development Type
Required Automobile Parking Spaces Required Bicycle Parking Spaces (long term%/short term%)
Social Service Facilities 1 per 250 square feet of net floor area 1 per 1,750 square feet (25%/75%)
Commercial Uses
Adult Entertainment
Facilities
1 per 250 square feet of net floor area 1 per 1,750 square feet (25%/75%)
Agriculture Outdoor Uses: none
Indoor Uses: 1 per 250 square feet of net floor
area; see 30.185.030 Accessory Uses
None
Animal Care, Sales and Services
Animal Daycare 1 per 250 square feet of net floor area 1 per 1,750 square feet (100%/0%)
Animal Shelter and Boarding 1 per 250 square feet of net floor area 1 per 1,750 square feet (100%/0%)
Grooming and Pet Stores 1 per 250 square feet of net floor area 1 per 1,750 square feet (100%/0%)
Veterinary Services 1 per 250 square feet of net floor area 1 per 1,750 square feet (100%/0%)
Aquaculture Facilities As determined by the Community Development Director in consultation with the Public Works
Director
As determined by the Public
Works Director
Artist Studio 1 per 250 square feet of net floor area 1 per 1,750 square feet (0%/100%)
Automated Teller Machine
(ATM)
1 per 250 square feet of net floor area 1 per 1,750 square feet (0%/100%)
Automobile/Vehicle Sales and Services
Automobile/Vehicle Rentals 1 per 250 square feet of net floor area 1 per 1,750 square feet (25%/75%)
Automobile/Vehicle Sales
and Leasing
1 per 250 square feet of net floor area 1 per 1,750 square feet (25%/75%)
Car Washing Facilities 1 space per 250 net square feet, excluding the car wash bays. Minimum 2 spaces for automatic and
self-service car washes and 5 spaces for fullservice car washes. 1 per 1,750 square feet
(25%/75%)
Fueling Station 1 per 250 square feet of net floor area, including vehicle repair bays. Minimum 2 spaces.
No additional spaces are needed for an automatic
(drive-through) car wash. Other types of car
washes require parking as specified in this table.
1 per 1,750 square feet
(25%/75%)
Service and Repair, Minor 1 per 250 square feet, including vehicle repair bay area.
1 per 1,750 square feet
(25%/75%)
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
56 TABLE 30.175.040: REQUIRED OFF-STREET PARKING SPACES Use Classification or
Development Type
Required Automobile Parking Spaces Required Bicycle Parking Spaces (long term%/short term%)
Banks and Financial
Institutions
1 per 250 square feet of net floor area 1 per 1,750 square feet (25%/75%)
Business Services 1 per 250 square feet of net floor area 1 per 1,750 square feet (25%/75%)
Cannabis Storefront-Retailer 1 per 250 square feet of net floor area 1 per 1,750 square feet (25%/75%)
Commercial Entertainment and Recreation
Cinema/Theaters 1 per 100 square feet of net floor area 1 per 1,000 square feet (0%/100%)
Large Scale As determined by the Community Development
Director in consultation with the Public Works
Director
As determined by the Public
Works Director
Small Scale 1 per 250 square feet of net floor area, plus 2 spaces per any outdoor sport court, plus 1 per
250 square feet of the surface area of any
outdoor swimming pool
1 per 1,750 square feet
(25%/75%)
Drive-Through Facility None beyond what is required for the primary Use Classification
None beyond what is required
for the primary Use Classification
Eating and Drinking Establishments
Bars/Night Clubs/Lounges 1 per 250 square feet of net floor area 1 per 500 square feet (25%/75%)
Food and Beverage Tasting 1 per 250 square feet of net floor area 1 per 500 square feet (25%/75%)
Full Service 1 per 250 square feet of net floor area 1 per 500 square feet (25%/75%)
Convenience 1 per 250 square feet of net floor area 1 per 500 square feet (25%/75%)
Food Preparation 1 per 250 square feet of net floor area 1 per 500 square feet (25%/75%)
Funeral Parlors and
Interment Services
Consistent with Community Assembly or Office,
per this table, as applicable
1 per 3,500 square feet
(25%/75%)
Hotels and Similar Uses See §30.175.040.B, Standards for Specific Uses and Activities
1 per 20 rooms, minimum 2
spaces
(50%/50%)
Maintenance and Repair
Services
1 per 250 square feet of net floor area 1 per 1,750 square feet (50%/50%)
Market Garden 1 per 250 net square feet of floor area or 1 per 2,000 square feet of lot area, whichever is
greater; minimum 2 spaces shall be provided per
site.
1 per 1,750 square feet
(0%/100%)
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
57 TABLE 30.175.040: REQUIRED OFF-STREET PARKING SPACES Use Classification or
Development Type
Required Automobile Parking Spaces Required Bicycle Parking Spaces (long term%/short term%)
Medical Cannabis Dispensary 1 per 250 square feet of net floor area 1 per 1,750 square feet (25%/75%)
Mobile Food Vendors See §30.185.420, Temporary Uses See §30.185.420, Temporary Uses
Nurseries and Garden
Centers
1 per 250 net square feet of floor area or 1 per
2,000 square feet of lot area, whichever is
greater; minimum 2 spaces shall be provided per
site.
1 per 1,750 square feet
(75%/25%)
Offices
Business and Professional 1 per 250 square feet of net floor area 1 per 1,750 square feet (75%/25%)
Medical and Dental 1 per 250 square feet of net floor area 1 per 1,750 square feet (75%/25%)
Outdoor Sales and Display None, if Outdoor Sales and Display is an Accessory Use; otherwise, 1 per 500 square feet
of area devoted to onsite outdoor sales and
display
1 per 3,500 square feet
(50%/50%)
Outdoor Seating 1 per 250 square feet of outdoor seating area where the outdoor seating area is 50% or more of
the indoor floor area of any Eating and Drinking
Establishment. Where the outdoor seating area is
less than 50% of the indoor floor area of any
Eating and Drinking Establishment, no additional
parking is required.
1 per 1,500 square feet
(25%/75%)
Parking, Public or Private None None
Personal Services 1 per 250 square feet of net floor area 1 per 1,750 square feet (50%/50%)
Retail Sales
Food and Beverage Sales 1 per 250 square feet of net floor area 1 per 1,750 square feet (25%/75%)
General Retail 1 per 250 square feet of net floor area 1 per 1,750 square feet (25%/75%)
Neighborhood Market None 4 short term spaces
Industrial Uses
Automobile and Vehicle
Repair, Major
1 per 500 square feet, including the vehicle repair
bay area.
1 per 1,750 square feet
(75%/25%)
Building Materials and
Services
1 per 250 500 net square feet of net floor area or
1 per 2,000 square feet of lot area, whichever is
greater; minimum 2 spaces shall be provided per
site.
1 per 1,750 square feet
(75%/25%)
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
58 TABLE 30.175.040: REQUIRED OFF-STREET PARKING SPACES Use Classification or
Development Type
Required Automobile Parking Spaces Required Bicycle Parking Spaces (long term%/short term%)
Commercial Cannabis
Business
Except for Cannabis Storefront- Retailer, 1 per
500 square feet of net floor area
1 per 1,750 square feet
(25%/75%)
Commercial Vehicle and
Equipment Sales and Rental
1 per 500 square feet; plus, Fueling and Car
Washing per this table, if applicable
1 per 3,500 square feet
(75%/25%)
Construction and Material
Yards
1 per 500 net square feet of floor area or 1 per
2,000 square feet of lot area, whichever is
greater; minimum 2 spaces shall be provided per
site.
1 per 1,750 square feet of
General Retail
(75%/25%)
Custom Manufacturing 1 per 500 square feet of net floor area; 1 per 3,500 square feet (100%/0%)
Food and Beverage Manufacturing
Limited/Small Scale 1 per 500 square feet of net floor area; 1 per 3,500 square feet (100%/0%)
General/Large Scale 1 per 500 square feet of net floor area; 1 per 3,500 square feet (100%/0%)
Hazardous Waste
Management Facility
As determined by the Community Development
Director in consultation with the Public Works
Director
1 per 3,500 square feet
(100%/0%)
Household Hazardous Waste
Collection Facility
1 per 500 square feet As determined by the Public
Works Director
Industry, General 1 per 500 square feet of net floor area; 1 per 3,500 square feet (100%/0%)
Industry, Limited 1 per 500 square feet of net floor area; 1 per 3,500 square feet (100%/0%)
Recycling Collection Facility 1 per 500 square feet of net floor area; 1 per 3,500 square feet (100%/0%)
Research and Development 1 per 500 square feet of net floor area; 1 per 3,500 square feet (75%/25%)
Salvage and Wrecking 1 per 500 net square feet of floor area or 1 per 2,000 square feet of lot area, whichever is
greater; minimum 2 spaces shall be provided per
site.
None
Towing and Impound 1 per 500 net square feet of floor area or 1 per 2,000 square feet of lot area, whichever is
greater; minimum 2 spaces shall be provided per
site.
None
Warehousing and Storage
Indoor Warehousing and
Storage
1 per 1,000 square feet of net floor area, plus 1
per 250 square feet for any office space;
1 per 1,750 square feet of office
space
(75%/25%)
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
59 TABLE 30.175.040: REQUIRED OFF-STREET PARKING SPACES Use Classification or
Development Type
Required Automobile Parking Spaces Required Bicycle Parking Spaces (long term%/short term%)
Outdoor Storage 1 per 1,000 square feet of lot area, minimum 2 spaces shall be provided per site
None
Personal Storage 1 per 1,000 square feet of net floor area, plus 1 per 250 square feet for any office space;
minimum 3 spaces
1 per 1,750 square feet of office
space
(25%/75%)
Wholesaling and Distribution 1 per 500 square feet, see of net floor area; 1 per 3,500 square feet (75%/25%)
Transportation, Communication, and Utilities Uses
Freight/Truck Terminals and
Warehouses
1 per 500 square feet of net floor area 1 per 3,500 square feet (75%/25%)
Light Fleet-Based Services 1 per 500 square feet of net floor area 1 per 3,500 square feet (75%/25%)
Telecommunication Facilities Unstaffed facility: 0
Staffed facility: As determined by the Community
Development Director in consultation with the
Public Works Director
None
Transportation Passenger
Terminals
As determined by the Community Development
Director in consultation with the Public Works
Director
As determined by the Public
Works Director
Public Works and Utilities As determined by the Community Development Director in consultation with the Public Works
Director
As determined by the Public
Works Director
B. Standards for Specific Uses and Activities. The number of required automobile and bicycle parking spaces for the following specific uses and activities shall be calculated as follows:
1. Parking for Multiple Uses. For uses other than shopping centers and accessory uses, if more than one use is proposed on a lot, the number of required automobile and bicycle parking spaces shall be equal to the sum of the parking requirement calculated separately for each use as described below.
a. Separation. Multiple uses with different automobile and bicycle parking requirements located in the same building must be physically separated with a fixed barrier, of a sufficient height and material to adequately separate uses, or the automobile and bicycle parking requirement shall be calculated at the highest rate for all uses.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
60 b. Common Areas. Common areas, such as hallways or shared bathrooms, for multiple uses shall be calculated using the highest automobile and bicycle parking rate for all proposed uses.
2. Parking for Shopping Centers. Shopping centers may provide required automobile parking spaces at a rate of one space per 250 square feet of net floor area, and bicycle parking at a rate of one space per 1,750 square feet of net floor area, of all buildings occupied with a commercial use, even if a higher minimum parking requirement is indicated in Table 30.175.040, Required Off-Street Parking Spaces, for individual uses. This provision does not apply if the shopping center includes any of the following uses: Hotels and Similar Uses, Residential, Public and Semi-Public, Industrial, or Transportation, Communication and Utilities.
3. Parking for Accessory Uses. If the floor area of any accessory use does not exceed the maximum size, as described in Section 30.185.030, Accessory Uses, additional automobile and bicycle parking spaces shall not be required for any accessory use, even if a higher minimum parking requirement is indicated in Table 30.175.040, Required Off-Street Parking Spaces. However, manufacturing, warehouse, or storage use that is incidental, or accessory to, a primary use shall not be parked at a lower rate than that required for the primary use.
4. Parking for Outdoor Uses. The area of any outdoor use that requires automobile or bicycle parking spaces per Table 30.175.040, Required Off-Street Parking Spaces, shall be identified on an approved plan and shall be demarcated on the site with a fixed barrier which may include, but is not limited to, bollards, railings, posts, walls, fences, patios, planters, or any similar visual or physical border.
5. Parking for Fleet Vehicles. Any use that operates more than three fleet vehicles shall provide off-street parking spaces for all fleet vehicles in addition to the automobile and bicycle parking spaces required by Table 30.175.040, Required Off-Street Parking Spaces, for employee and customer parking.
6. Vehicles as Inventory. Any use that retains an inventory of vehicles for sale, repair, or rental shall provide off-street storage space for those vehicles and shall not utilize the automobile or bicycle parking spaces required by Table 30.175.040, Required Off-Street Parking Spaces, for vehicle storage or vehicle inventory.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
61 7. Parking for Group Residential, Hotels and Similar Uses. Required automobile parking for Group Residential, Hotels and Similar Uses, is as follows:
a. Guestrooms without kitchens provided in the unit: shall provide one automobile parking space per guestroom, plus one automobile parking space per caretaker’s unit in a Hotel and Similar Uses and Extended Stay Hotel, if applicable. b. Guestrooms with kitchens provided in the unit: shall provide either one automobile parking space per guestroom, or per the automobile parking requirements for the Residential Housing Type in Table 30.175.040, Required Off-Street Parking Spaces, whichever is greater.
c. If individual beds are provided for rent, rather than rooms (e.g., youth hostel or dormitory), the automobile parking requirement is one automobile parking space per two beds. A “bed” for the purposes of this section shall mean 70 square feet in any guestroom.
d. Auxiliary uses, including restaurants, spas, fitness centers, retail or similar uses, which are restricted to hotel occupants and their guests, shall require no additional automobile or bicycle parking spaces.
e. Auxiliary uses, including restaurants, spas, fitness centers, retail or similar uses, which are available to members of the public and hotel occupants and their guests, shall require additional automobile and bicycle parking spaces pursuant to Table 30.175.040, Required Off-Street Parking Spaces. However, no conference centers in a hotel shall require additional automobile or bicycle parking spaces. f. For automobile and bicycle parking required for Hotels and Similar Uses in the Central Business District, see 30.175.050.B.1.a.ii.
8. Vehicle Repair Bays. Vehicle repair bays for any use shall not be counted as parking spaces.
9. Parking for Warehousing and Storage. Warehousing and storage uses that meet the following standards may use the automobile and bicycle parking requirement for Warehousing and Storage uses in Table 30.175.040, Required Off-Street Parking Spaces.
Other warehousing and storage uses shall use the required automobile and bicycle parking rate for the most similar industrial or commercial use.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
62 a. Warehousing and Storage is an allowed use in the Zone. b. With the exception of Personal Storage, a minimum of 1,000 net square feet of contiguous, undivided warehouse or storage area is provided. c. The warehouse or storage use is not accessory to a primary use.
10. Uses Not Specified. If automobile and bicycle parking requirements for a use are not specified in Table 30.175.040, Required Off-Street Parking Spaces, automobile and bicycle parking spaces shall be required in an amount adequate to meet the purpose of this chapter, as determined by the Community Development Director, in consultation with the Public Works Director taking into consideration factors such as parking demand and similar uses listed in Table 30.175.040, Required Off-Street Parking Spaces.
30.175.050 Parking Exceptions and Reductions.
A. Affordable and Senior Housing. Unless further reduced by any applicable State law, development in which 100% of the units are developed as rental units affordable to very low or low income households, or Senior Housing, may reduce the number of automobile parking spaces to one uncovered automobile parking space per unit, and units restricted to Low Income Senior Housing may reduce the number of automobile parking spaces to one automobile parking space for every two units, provided the following conditions are met:
1. Storage Space. Each unit shall have a minimum of 200 cubic feet of enclosed, weatherproofed, and lockable private storage space for the sole use of the unit tenant. Such space shall be accessible from the exterior of the unit it serves and shall have a minimum dimension of three feet.
2. Recorded Covenant. A covenant is recorded in the County Land Records against the title stating the following. The City shall be a party to the covenant. a. All of the residential units on the Real Property shall be rented or sold to very low, or low income households or seniors; the maximum rent or sales price and the maximum household income of tenants occupants or owners shall be determined as set forth in State law or the Affordable Housing Policies and Procedures Manual, . and aAffordability shall continue for a minimum of 90 years from the initial occupancy of the residential unit, unless otherwise stipulated.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
63 b. The development has received a reduction in the amount of automobile parking required because it is a 100% affordable or senior project. In the event that the Real Property, or any portion thereof, is not or cannot be used solely for very low or low income rental or senior housing, either (i) the structure(s) shall be redesigned and possibly reconstructed and the number of residential units shall be reduced so that the maximum number of residential units on the Real Property does not exceed the number of residential units that would be allowed if there is compliance with the City’s parking requirements then in effect, or (ii) the owner shall provide the number of automobile parking spaces required by this chapter for the new use.
3. Bicycle Parking. Bicycle parking is provided pursuant to Table 30.175.040, Required Off-Street Parking Spaces.
B. Central Business District (CBD).
1. Automobile Parking. The number of automobile parking spaces required within the Central Business District (CBD) delineated in Figure 30.175.050.B, Central Business District and Parking Zones of Benefit, shall be as follows. a. Nonresidential Parking. One automobile parking space per 500 square feet of net floor area.
i. Zone of Benefit Reduction. The number of required automobile parking spaces shall be reduced by the applicable Zone of Benefit Reduction percentage. If more than one Zone of Benefit reduction applies, the applicable percentage is the sum of all applicable Zones of Benefit percentages.
ii. Hotels and Similar Uses. The number of required automobile parking spaces shall be the lesser of one space per 500 square feet or per paragraph
30.175.040.B.7, Parking for Group Residential, Hotels and Similar Uses. b. Residential Only Parking. Residential only developments shall provide automobile parking in accordance with Table 30.175.040, Required Off-Street Parking Spaces; however, guest parking is not required.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
64 c. Mixed-Use Developments. The residential parking requirement for mixed-use developments in the CBD is one uncovered automobile parking space per residential unit., and guest parking is not required.
2. Bicycle Parking. The number of bicycle parking spaces required within the Central Business District delineated in Figure 30.175.050.B, Central Business District and Parking Zones of Benefit, shall be as stated in Table 30.175.040, Required Off-Street Parking Spaces.
However, short term bicycle parking is not required for any nonresidential uses on State Street and in the first block east or west of State Street.
C. Mixed-Use Developments. Where residential uses occupy less than 50% of the total net floor area of a mixed-use development, the number of required residential automobile parking spaces shall be one space per unit unless fewer are allowed by Table 30.175.040, Required Off-Street Parking Spaces. Guest parking is required. Required bicycle parking shall be as stated in Table 30.175.040, Required Off-Street Parking Spaces.
D. Reduction for Bicycle Parking. In an existing parking lot, uncovered automobile parking spaces required for any residential, nonresidential, or mixed-use development may be substituted with bicycle parking, pursuant to the following:
1. One of every seven required automobile parking spaces, up to a maximum of two spaces, may be substituted with bicycle parking. ;
2. Six bicycle parking spaces shall be provided for each substituted automobile parking space.;
3. An adequate maneuvering aisle shall be provided;
4. Bicycle parking spaces provided shall be consistent with the City Access and Parking Design Guidelines; and
5. The bicycle parking spaces shall be located as near as practical to the primary entrance of the main building or buildings; and
6. This allowance is applicable to existing automobile parking spaces on existing development only, and shall not be used to provide fewer automobile parking spaces than are required for a project consisting of new or reconstructed buildings, additions, or a change of use.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
65 E. Reduction for Motorcycle Parking. In an existing parking lot, uncovered automobile parking spaces required for any nonresidential development may be substituted with motorcycle parking, pursuant to the following:
1. One of every 20 required automobile parking spaces up to a maximum of five spaces, may be substituted with motorcycle parking;
2. Two motorcycle parking spaces shall be provided for each substituted automobile parking space;
3. An adequate maneuvering aisle shall be provided;
4. Motorcycle parking spaces provided shall be consistent with the City Access and Parking Design Guidelines;
5. The motorcycle parking spaces shall be located as near as practical to the primary entrance of the main building or buildings; and
6. This allowance is applicable to existing automobile parking spaces on existing development only, and shall not be used to provide fewer automobile parking spaces than are required for a project consisting of new or reconstructed buildings, additions, or a change of use.
F. Reduction for Parking Area Improvements. In an existing parking lot, Tthe Community Development Director may approve a reduction of up to 10% of the required parking spaces, or two required automobile parking spaces, whichever is greater, for multi-unit residential, nonresidential, or mixed-use development, in order to:
1. Provide appropriately screened and located trash and recycling areas, or
2. Make an improvement to the existing circulation, safety or other required parking lot design and development standards.
This reduction is allowed only if the Community Development Director finds that no alternative methods for achieving the same result can be made without a reduction in automobile parking spaces. This allowance is applicable to existing automobile parking spaces on existing development only, and shall not be used to provide fewer automobile parking spaces than are required for a project consisting of new or reconstructed buildings, additions, or a change of use.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
66 G. Reduction for Carsharing Program. Required automobile parking spaces may be substituted with designated Carshare Vehicle parking spaces on multi-unit residential, nonresidential and mixed-use development, pursuant to the following:
1. Up to a maximum of 10% of the required automobile parking spaces required for any multi-unit residential or mixed-use development, may be designated as Carshare Vehicle parking spaces. Up to a maximum of 25% of required automobile parking spaces may be designated as Carshare Vehicle parking spaces on a site developed with exclusively nonresidential uses.
2. Carshare Vehicles shall be maintained for active use by Carshare Service and not for other purposes. No sales, servicing, storage, repair, administrative or similar functions shall occur, and no personnel shall be employed on the site except for occasional short-term maintenance of vehicles unless otherwise permitted by the land use regulations in the zoning district.
3. Carshare Vehicles shall be made available to members of the Carsharing Service through an unattended, self-service operation 24 hours a day, seven days a week.
4. All owners of a lot, including any applicable Homeowner’s Associations, shall be required to grant permission for the operation or parking of a Carshare Vehicle on their property.
5. A permit is required to establish Carsharing Service on any lot.
H. Small Residential Unit Reduction. Required automobile parking for any residential unit with 600 square feet or less of livable floor area, excluding covered parking, and no more than one bedroom, is one uncovered automobile parking space per unit. Required bicycle parking shall be as stated in Table 30.175.040, Required Off-Street Parking Spaces.
I. Reduction for Electric Vehicle Charging Stations (EVCS). Electric vehicle charging stations (EVCS) shall be designed and provided in compliance with the Building Code. Required automobile parking spaces may be substituted with designated electric vehicle charging stations, pursuant to California Vehicle Code § 22511.2 and the following:
1. The electric vehicle charging space shall comply with all standards for parking areas pursuant to this chapter;
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
67 2. Developments that provide electric vehicle charging stations may reduce the parking requirement by one required automobile parking space for every one space that is provided for electric vehicle charging; and
3.2. The location of electric vehicle charging stations, and associated equipment, shall be no closer than 10 feet to a front lot line meet the standards in Section 30.140.130, Mechanical and Other Equipment.
J. Reduction for Development Near Major Public Transit. Pursuant to Government Code§ 65863.2, new residential or nonresidential development, located within one-half mile of a major transit stop as defined in subdivision (b) of Section 21155 of the Public Resources Code, shall have no minimum vehicular parking requirement; provided that:
1. The development would not have a substantially negative impact as described in Government Code § 65863.2.(b);
2. The development does not include Hotels and Similar Uses. a. Exception. Portions of the development reserved for residential use or any commercial areas that are separate and distinct from the hotel use, cannot be accessed from the interior of the hotel, and are leased to a concessionaire for public use, (e.g., restaurant, bar, market, etc.) do qualify for parking exemptions under Government Code § 65863.2.;
3. The development does not include Large-Scale Commercial Entertainment and Recreation; and
4. If voluntary parking is provided, all of the standards in Subsection 30.175.030.Q, Standards for Voluntary Parking, are met.
30.175.060 Location of Required Automobile and Bicycle Parking.
A. On-Site Parking Required. Required automobile and bicycle parking shall be located on the same lot as the residential unit served except as allowed below.
1. Allowance for Off-Site Parking. Required automobile parking for nonresidential uses and for residential uses located in nonresidential zones may be located in an offsite facility, subject to approval by the Community Development Director, provided the following conditions are met:
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
68 a. Location. Any offsite automobile parking facility must be located closer than 500 feet, along a designated pedestrian route, of the principal entrance containing the use for which the parking is required. The Public Works Director may approve a distance of up to 1,250 feet for nonresidential uses only. b. Assigned. Offsite automobile parking areas shall be assigned to the site with parking directional signs, both onsite and offsite.
c. Recorded Agreement. A Recorded Agreement is required pursuant to Chapter 30.260, Recorded Agreements.
B. Uncovered Parking. Uncovered automobile, and bicycle, and other vehicle parking and storage shall observe the same setbacks as covered parking in the zone, except as otherwise allowed by this section. Where there is no setback specified for covered parking, then uncovered automobile, and bicycle, and vehicle parking and storage shall observe the smallest setback in the zone. These location standards shall apply to all vehicles including automobiles, trucks, buses, trailers, boats, recreational vehicles, and motorcycles.
C. Front Setback. Automobile, and bicycle, and other vehicle parking shall not be located within any front setback except as follows.
1. Nonresidential Bicycle Parking. Uncovered bicycle parking required for nonresidential uses may be located in a front setback for nonresidential and mixed-use developments.
D. Front Yard. Uncovered automobile and vehicle and bicycle parking in the front yard is prohibited on any single-unit or two-unit residential development unless it is hidden from public view with a fence, hedge, or driveway gate. This requirement may be reduced or waived by the appropriate Design Review body if the uncovered vehicle or bicycle parking area is determined to be adequately not publicly visible or screened pursuant to Section 30.15.120, Screening.
E. Interior Setback. Uncovered automobile and Vvehicle and bicycle parking shall observe an interior setback equal to the width of the required perimeter planter along interior lot lines as described in Table 30.175.080.A: Parking Area Landscape. not be located within any interior setback, with the following exceptions:
1. Single-Unit Residential. Where allowed pursuant to Section 30.175.030.M, Covered Parking, uncovered automobile parking may be located three feet from any interior AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
69 lot line, provided a minimum of three feet in width of planting area shall be provided for the length of the paved parking area along the interior lot line. This allowance shall not be used to provide guest parking.
2. Multi-Unit Residential. Uncovered automobile and bicycle parking may be allowed in an interior setback provided the required landscape buffer is provided per Section 30.175.080, Parking Area Landscape and Fence Standards.
3. Nonresidential and Mixed-Use. Uncovered automobile and bicycle parking may be allowed in an interior setback provided the required landscape buffer is provided per Section 30.175.080, Parking Area Landscape and Fence Standards.
F. Vehicle Overhang. The vehicle overhang is considered part of the parking space and shall not encroach into any sidewalk, roadway, setback, adjoining property lines, or reduce the clear area of walkways or access aisles.
30.175.070 Bicycle Parking.
Bicycle parking shall be provided in accordance with the Building Code except where greater requirements are identified below.
A. Bicycle Parking Spaces Required. Each land use shall be provided at least the number of long term and short term bicycle parking spaces stated in Table 30.175.040, Required Off-Street Parking Spaces, unless a reduction is approved pursuant to Subsection 30.175.070.B, Bicycle Parking Reductions.
1. Long term bicycle parking is covered and secured, and intended for use by residents, employees or students for long time periods.
2. Short term bicycle parking is conveniently located and intended for use by business patrons, visitors, and guests for a shorter time.
3. Bicycle parking is required even if automobile parking is not required.
B. Bicycle Parking Facility Design. All bicycle parking facilities shall be designed and constructed consistent with the City Standards for Parking Design City Access and Parking Design Standards, as determined by the Public Works Director.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
70 C. Bicycle Parking Reductions. The number, percentages, or other standards for required long term and short term bicycle parking spaces may be reduced or waived if the Public Works Director finds that:
1. Adequate site space is not available on an existing development to provide bicycle parking; or
2. Reduced bicycle parking is justified by reasonably anticipated demand; or
3. Other criteria based on unusual or specific circumstances of the particular case as deemed appropriate by the Public Works Director.
30.175.080 Parking Area Landscape and Fence Standards.
A. Landscaping. Landscaping of parking areas shall be provided and maintained according to the standards of this subsection for any multi-unit residential, nonresidential or mixed-use development.
1. Licensed Architect Required. Landscape and irrigation plans shall be prepared by an architect or landscape architect registered in the State of California, unless reduced or waived by the Review Authority.
2. Perimeter Planter. Perimeter planting is required where a parking area is adjacent to a property line.
a. Front Lot Lines. A landscaped buffer in compliance with one of the following methods shall be provided along all front property lines for the length of the parking area. i. A landscaped buffer with a minimum inside width of five feet and a fence or hedge 42 inches in height, or
ii. A landscaped buffer with a minimum inside width of eight feet. b. Interior Lot Lines. A landscaped buffer with a minimum inside width of five feet shall be provided along all interior property lines for the length of the parking area.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
71 3. Driveway Planter. Driveways adjacent to onsite buildings must be separated from building walls by a planting area with a minimum inside width of three feet.
4. Adjacent to Buildings and Walkways. A landscaped buffer with a minimum inside width of three feet shall be provided adjacent to all buildings and walkways.
5. Island Planter. A landscaped island, at least four feet in all interior dimensions, and containing at least one tree, shall be provided at each end of each interior row of automobile parking stalls and between every eight consecutive automobile parking stalls.
6. Trees.
a. Number Required. One for each five automobile parking spaces. b. Distribution. Trees shall be distributed relatively evenly throughout the parking area, in a planter at least four feet in all interior dimensions. c. Size. Two-thirds of the trees shall be a minimum 15-gallon size, the rest of the trees shall be a minimum five-gallon size.
7. Protection and Maintenance of Vegetation.
a. Clearance from Automobiles. All required landscaped areas shall be designed so that plant materials, at maturity, are protected from vehicle damage by providing a minimum two-foot clearance of low-growing plants where vehicle overhang is permitted or by wheel stops.
b. Planter Protection. Required landscape areas shall be protected from vehicles by a physical barrier. The physical barrier shall be designed to allow stormwater runoff to pass through, unless an alternate stormwater runoff plan is approved. The planter shall also include an outlet structure (e.g. weir or atrium grate) for excess storm water to flow out of the planter and into the storm drain system.
c. Irrigation Plan Required. A sprinkler system or drip irrigation system designed to provide complete coverage of all planted areas is required. d. Maintenance. All vegetation shown on an approved parking area landscape plan shall be maintained and shall not be altered or removed except as allowed pursuant to AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
72 Chapters 22.11, Maintenance of Approved Landscape Plans, and 15.24, Preservation of Trees, of the Santa Barbara Municipal Code.
These standards are intended to create a landscaped setback area that will appropriately limit and screen vehicle parking areas to protect adjacent land uses and pedestrians; enhance privacy; attenuate noise; control dust; and reduce glare and light trespass.
A. Landscape. Public and private parking lots, driveways, and areas between driveways and buildings, shall include landscape in compliance with Table 30.175.080.A: Parking Area Landscape.
TABLE 30.175.080.A: PARKING AREA LANDSCAPE
Perimeter Planters
Front Lot Lines 5-foot wide along front property line plus a fence or hedge 42 inches in height or 8-foot wide along front property line without a fence or hedge Interior Lot Lines
3-foot wide along the interior property line or
5-foot wide where parking lot abuts a residential use
Interior Planters
Driveways 3-foot wide between driveways and onsite buildings Parking Areas 3-foot wide between parking areas and onsite buildings and walkways Island Planters 4 feet in all interior dimensions at each end of each interior row of parking stalls and between every 8 consecutive parking stalls
General Landscaping
Required Border 6-inch high curb or equivalent
Border and Stormwater Curb or equivalent shall include breaks every 4 feet to provide drainage to retention and filtration areas
Car Overhangs 2-foot clearance comprised of low-growing plants required where vehicle overhang is permitted; or car overhang shall be prevented by continuous curb or stops Irrigation Plan Sprinkler or drip irrigation system required to provide complete coverage of all planted areas
Trees
Required Quantity 1 tree per island planter and 1 per every 5 parking spaces, beginning at 6 total parking spaces
Tree Well Size 4-foot min. in any direction
Tree Can Size ⅔ of required trees shall be 15-gallon min. remainder shall be 5-gallon min.
Tree Characteristics Canopy Trees
Location Evenly spaced throughout parking lot to provide uniform shade AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
73 FIGURE 30.175.080.A: PARKING AREA LANDSCAPE
B. Fences and Hedges. On any multi-unit residential, nonresidential or mixed-use development, a decorative fence or hedge shall be provided where parking areas or driveways abut property used or zoned for residential purposes. On a site with five or more uncovered surface AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
74 automobile parking spaces, parking and loading areas shall be screened from adjacent residential uses or zones by a six-foot-tall wall, fence, or hedge, except within the visibility triangle described in Section 30.140.230, Visibility at Driveways and Intersections, where the maximum height is 42 inches.
1. The fence or hedge shall be six feet high except within the visibility triangle described in Section 30.140.230, Visibility at Driveways and Intersections, where the maximum height is 42 inches.
2. A five-foot-wide planting area shall be provided along the interior side of the fence or hedge.
FIGURE 30.175.080.B: PARKING AREA LANDSCAPE–FENCES AND HEDGES AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
75 C. Retaining Walls. Retaining walls shall be set back a minimum of three feet from parking areas and driveways. Footing design shall allow for planting in the space between the parking area and retaining wall.
FIGURE 30.175.080.C: PARKING AREA LANDSCAPE–RETAINING WALLS D. Visibility. Notwithstanding other provisions of this section, fences, hedges, and landscaping landscape must comply with Section 30.140.230, Visibility at Driveways and Intersections.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
76 E. Licensed Architect Required. Landscape and irrigation plans shall be prepared by an architect or landscape architect registered in the State of California, unless reduced or waived by the Review Authority.
F. Maintenance. All vegetation shown on an approved parking area landscape plan shall be maintained and shall not be altered or removed except as allowed pursuant to Chapters 22.11, Maintenance of Approved Landscape Plans, and 15.24, Preservation of Trees, of the Santa Barbara Municipal Code.
E.G. Alternative Landscape Designs. Where an applicant can demonstrate to the satisfaction of the applicable Design Review Body that variations in the requirements of this section are warranted in order to provide relief for existing site constraints, or to achieve a superior aesthetic or environmental design, an alternative landscape design may be approved. However, no perimeter planter on any interior lot line in a residential zone or adjacent to a residential zone shall be reduced to less than three feet.
30.175.090 Parking Area Design and Development Standards.
All new or altered covered and uncovered parking areas and new or reconstructed garages and carports shall be designed and developed consistent with the City Standards for Parking Design City Access and Parking Design Standards and the following standards as determined by the Public Works Director.
A. Circulation and Safety.
1. Visibility shall be assured for pedestrians, bicyclists, and motorists entering, circulating within and leaving a parking facility consistent with Section 30.140.230, Visibility at Driveways and Intersections.
2. Parking lots shall be designed so that sanitation, emergency, and other public service vehicles can provide service without backing unreasonable distances out or making other dangerous or hazardous turning movements.
3. Backing out onto a public street or sidewalk from a parking space shall be permitted only for Single-Unit and Two-Unit Residential, and where not more than four parking spaces are provided.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
77 4. All turnaround movements shall be accomplished in one maneuver. One maneuver is considered to be one back up and one forward movement.
5. All automobile parking spaces shall be clearly marked with paint or other similar distinguishable material, except spaces established in a garage or carport having not more than three spaces, or for Single-Unit Residential unless reduced or waived by the Public Works Director.
B. Pedestrian Access. Safe, accessible, direct and convenient off-street pedestrian circulation consistent with the City Access and Parking Design Guidelines Standards shall be provided for all developments other than single-unit and two-unit residential ,unless reduced or waived by the Public Works Director.
C. Driveways. Driveway access to automobile parking areas shall be consistent with the City Access and Parking Design Guidelines Standards and the California Fire Code as amended and adopted by ordinance of this City.
1. Driveways, fire lanes, or other required vehicular maneuvering areas in any parking lot shall not be used for parking of vehicles or other storage that prohibits access.
2. Circular driveways, multiple driveways, or motor courts in any setback are prohibited, unless determined by the Public Works Director to be necessary for safety or necessary to serve permitted parking spaces.
3. All driveways and turnarounds shall serve approved parking areas or loading areas only, and shall not exceed the minimum dimensions necessary for vehicular maneuvering. If a driveway or driveway approach is no longer necessary to serve an approved parking area or loading area, all paving shall be removed, and the curb, gutter, and sidewalk shall be replaced to meet City Construction Standard Details.
D. Gates. In order to prevent vehicle obstructions of the street, sidewalk, or right-of-way, all driveway gates shall be setback a minimum of 20 feet from the front lot line for any use. Driveway gates for nonresidential uses may be located closer than 20 feet if the gates remain open during business hours. A waiver to this standard may be approved by the Public Works Director when it is determined the gate would not create potential street obstructions.
E. Loading. In order to avoid undue interference with the public use of streets and alleys, offstreet loading and unloading areas shall be provided for any use that employs valet parking and any AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
78 other use where loading interferes with short-term or visitor parking, as determined by the Public Works Director. For residential developments, loading activities can be accommodated on-street if there is on-street parking adjacent to the property and would not conflict with street traffic operations. For all new mixed-use and nonresidential development, off-street loading is required unless a waiver is granted from the Public Works Director.
F. Tandem Parking. Tandem parking is prohibited unless may be approved with a waiver by the Public Works Director to satisfy the automobile parking required by this chapter and in accordance with the following.
1. Residential Uses.
a. Accessory Dwelling Unit, Multi-Unit, Two-Unit, and Mixed-Use Development. Tandem automobile parking for projects where the parking for the primary unit was displaced by the addition of an accessory dwelling unit, or multiunit residential, or for residential uses in a mixed-use development, shall meet the following:
i. No more than two automobiles shall be placed one behind the other; ii. Both automobile parking spaces parked in tandem shall be assigned to the same residential unit;
iii. Automobile movements necessary to move cars parked in a tandem arrangement shall not take place on any street or alley, unless approved by the Public Works Director; and
iv. Tandem parking shall not be used to satisfy the guest parking requirement; and
v. iv. Vertical or stackable tandem parking, provided by means of mechanical lifts, is subject to approval by the Public Works Director.
Mechanical lifts shall be fully enclosed within a structure and shall require a recorded maintenance agreement, pursuant to Chapter 30.260, Recorded Agreements.
b. Other Residential Uses. Single-Unit Development. For all other residential uses single-unit residences, not including accessory dwelling units, tandem automobile parking shall only be approved with a waiver for existing development if the Public AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
79 Works Director finds that the tandem parking is needed for flexibility on a constrained lot, and where tandem parking does not create a safety hazard or traffic impacts. If approved, no more than two automobile spaces shall be placed one behind the other, and both automobile spaces parked in tandem shall be assigned to the same residential unit. Tandem parking shall not be used to provide for the conversion of garage or carport spaces.
2. Nonresidential Uses. Tandem automobile parking for nonresidential uses shall meet the following:
a. Allowed Uses. Limited to Hospitals and Clinics, Medical and Dental Offices, and Hotels and Similar Uses or other uses as determined by the Public Works Director.
b. Minimum Number of Spaces. Parking lots used for tandem automobile parking shall contain a minimum of 20 automobile parking spaces; c. Design and Operation. Shall be designed and operated as valet parking in compliance with all standards in Subsection 30.175.090.G, Valet Parking; and d. Recorded Agreement Required. A recorded agreement shall be executed establishing the valet parking will be maintained and reserved for the uses served for as long as such uses are in operation.
G. Valet Parking. Valet parking is prohibited unless a Valet Parking Plan is submitted to the City and approved by the Public Works Director demonstrating compliance with the requirements of this section. Valet parking shall comply with all of the following:
1. Sites utilizing valet parking shall not use any street, alley, or City-owned parking facilities for automobile storage, pickup, drop-off, or interfere with any right-of-way without approval of the Public Works Director;
2. Vehicle movements in a tandem arrangement shall not take place on any street or alley without approval of the Public Works Director;
3. The valet drop-off lanes, and any associated kiosks or other similar items, shall be located to allow for the safe and efficient function of the valet operation, in that it will neither adversely impact the parking and internal circulation of the parking lot or any adjacent right-of-way, nor encroach into any required fire lane access area; AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
80 4. Valet parking shall not interfere with, reduce, remove, or utilize any automobile or bicycle parking spaces required for any other use; and
5. Sites utilizing valet parking shall ensure a parking attendant will be on duty at all times that the facility is in use, and sufficient staff and facilities to ensure that automobiles are moved for parking promptly. No automobile queuing or parking is allowed in travel lanes at any time. If the site is unable to satisfy the valet parking demand and queuing or double-parking occurs, the operation shall be temporarily closed, until the demand can be properly handled, and shall display a sign with the word “FULL” that is clearly visible to approaching traffic.
6. Valet parking may be required by the Public Works Director for projects with parking lifts or parking machines serving nonresidential uses in which the parking facility serves infrequent users (e.g., customers), or where the duration of visit is anticipated to be for a short period of time.
H. Parking Lifts and Machines. Parking lifts and parking machines may be allowed per the criteria outlined in the City Access and Parking Design Standards.
H. I. Materials. All required automobile parking areas and driveways shall be fully hard surfaced with asphaltic concrete of minimum thickness of two inches, with four inches compacted base, or other techniques or materials providing equivalent service. Gravel, dirt, and other similar loose materials are prohibited in the driveways, turnarounds, or parking areas. closer than 100 feet of any right-of-way. The Public Works Director may grant a waiver to allow gravel or other loose material in any driveway, turnaround, or surface parking space if the gravel or loose materials are a minimum of 100 feet from any right of way, or if other site conditions do not present a safety hazard such as the roadway volumes or slope of driveway, and provided that the borders of any such parking spaces are clearly delineated with a hard-surfaced edging material such as pavers or raised blocks.
I. J. Waiver. Any variation from the requirements of this section must be approved pursuant to a waiver by the Public Works Director. The Public Works Director may approve waivers to parking area standards whenever specified in this title or as specified within the City Access and Parking Design Standards.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
81 FIGURE 30.175.050.B: CENTRAL BUSINESS DISTRICT AND PARKING ZONES OF
BENEFIT
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
82 AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
83 AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
84 AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
85 AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
86 AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
87 AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
88 AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
89 AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
90 AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
91 SECTION 5. Chapter 30.205 of Title 30 of the Santa Barbara Municipal Code is amended to read as follows:
Division IV: Administration and Permits
Chapter 30.205 Common Procedures
Sections:
30.205.010 Purpose
30.205.020 Application Forms and Fees
30.205.030 Pre-Application Review
30.205.035 Preliminary Housing Applications
30.205.040 Concept Review
30.205.050 Review of Discretionary
Applications
30.205.060 Environmental Review
30.205.070 Public Notice
30.205.080 Conduct of Public Hearings
30.205.090 Decision
30.205.100 Scope of Approvals
30.205.110 Effective Dates
30.205.120 Expiration of Permits
30.205.130 Changes to Approved Plans
30.205.140 Revocation of Permits and
Approvals
30.205.150 Appeals
30.205.160 Enforcement and Penalty
30.205.010 Purpose.
This chapter establishes procedures that are common to the application and processing of all permits and approvals provided for in this title, unless superseded by specific requirement of this title or sState law.
30.205.020 Application Forms and Fees.
A. Who May Apply. The owner of property or the owner’s authorized agent. If the application is made by someone other than the owner or the owner’s agent, proof, satisfactory to the Community Development Director, of the right to use and possess the property as applied for, shall accompany the application.
B. Application Forms and Materials.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
92 1. Application Forms. The Community Development Director shall prepare and issue application forms and lists that specify the information that is required from applicants for projects subject to the provisions of this title.
2. Supporting Materials. The Community Development Director may require the submission of supporting materials as part of the application, including, but not limited to, statements, photographs, plans, drawings, renderings, models, material samples, reports and other items necessary to accurately and completely describe existing conditions and the proposed project accurately and completely, and to determine the level of environmental review pursuant to the California Environmental Quality Act (CEQA).
3. Availability of Materials. All material submitted becomes the property of the City, may be distributed to the public, and shall be made available for public inspection. At any time upon reasonable request, and during normal business hours, any person may examine an application and materials submitted in support of or in opposition to an application in the Planning Division offices. Unless prohibited by law, copies of such materials shall be made available at a reasonable cost.
C. Application Fees. No application shall be accepted as complete and processed without payment of the applicable fee established by resolution of the City Council.
30.205.030 Pre-Application Review.
Pre-application review is intended to provide preliminary information on relevant policies, regulations, and procedures, and to identify significant issues relevant to a proposed project.
A. Applicability.
1. Mandatory Pre-Application Review. Pre-application review is required for the following projects:
a. Annexations.
b. Tentative maps and vesting tentative maps where the Planning Commission is the designated Advisory Agency.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
93 c. Permits for Conversion of Residential Units to Condominiums, Hotels, or Similar Uses.
d. Development Plans of more than 3,000 square feet of new nonresidential development.
e. Transfer of Existing Development Right Permit.
b.f. Projects proposed in accordance with the Average Unit-Size Density Incentive Program, pursuant to Section 30.150.060, Pre-Application and Concept Review Required.; except objective Housing Development Projects using Title 25 of this code are exempt from mandatory Pre-Application and Concept Review. g. Conditional Use Permits.
h. c. General Plan and Zoning Amendments.
i. d Local Coastal Program Amendments.
j. e. Specific Plans and Amendments to Specific Plans.
2. Optional Pre-Application Review. Pre-application review is optional for all other projects.
B. Review Procedure. The Pre-Application Review Team shall review the project and associated materials and advise the applicant of relevant policies, regulations and procedures, identify significant issues relevant to a proposed project, and document any conclusions and recommendations in a letter to the applicant. Applicants and their representatives shall be entitled to meet with the Pre-Application Review Team in order to discuss the recommendations and any identified issues. The Pre-Application Review Team is authorized to prepare and effect rules and procedures as necessary or convenient to carry on the Team’s business.
C. Pre-Application Review Team Members. Members of the Pre-Application Review Team shall consist of staff from various City Departments and Divisions responsible for reviewing development applications including but not limited to Building and Safety, Planning, Fire Prevention, Parks and Recreation, Creeks, Public Works Engineering, Water Resources, and Transportation.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
94 The following City officials, or their designee, shall be members of the Pre-Application Review Team:
1. Chief Building Official;
2. City Engineer;
3. City Planner;
4. Fire Chief;
5. Transportation and Parking Manager;
6. Water Resources Manager; and
7. Any other City official or their designee, when deemed appropriate by other Team members.
D. Recommendations are Advisory. Neither the pre-application review nor the provision of information and pertinent policies shall be construed as a recommendation for approval or denial of the application by City representatives. Any recommendations that result from pre-application review are considered advisory only and shall not be binding on either the applicant or the City.
E. Expiration. Comments and recommendations from any pre-application review are valid for a period of 12 months from the date of the Pre-Application Review Team letter. If a project is substantially revised, or if applicable policies, regulations, or procedures change that could affect the recommendations or conclusions of the pre-application review, the Team may require a subsequent pre-application review prior to formal application submittal. If, however, there are no substantial changes to either the project or any relevant policies, regulations, and procedures, the Team may allow the submittal of an application for a development project up to a maximum of 24 months after the date of the Pre-Application Review Team letter.
30.205.035 Preliminary Housing Application. Consistent with the State Housing Crisis Act, an applicant may file a preliminary application as described in Government Code § 65941.1.
A. Applicability.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
95 1. This section applies to qualifying Housing Development Projects meeting the definition of subdivision (b) of section 65905.5 of the Government Code.
2. This section shall remain in effect for the same period as provisions contained in the Government Code § 65941.1. Any provisions that are not extended by the State Legislature shall be repealed as of the date those provisions in the Housing Accountability Act are deemed null and void.
B. Review Procedure.
1. If a preliminary application is filed, the preliminary application shall be deemed complete when all of the information listed in the preliminary application form is submitted.
2. Within 180 calendar days after submitting a complete preliminary application, an applicant shall submit a full application for the project. If a full application is not submitted within 180 calendar days, the preliminary application shall expire and have no further force or effect.
3. Qualifying projects for which a preliminary application was submitted shall only be subject to the ordinances, policies, fees and standards adopted and in effect when the preliminary application was submitted, except in the circumstances described in Government Code § 65589.5(o).
30.205.040 Concept Review.
Concept review provides an opportunity for early input from the applicable Design Review Body, Planning Commission, or Staff Hearing Officer to staff and applicants. It is an informal review where general information, questions, comments, and suggestions for further study may be made.
Comments made at the Concept Review level are not binding for future review. Concept Design Review is generally the first step in the Design Review process. The types of projects that may benefit most from a other types of Concept Review tend to involve new or difficult issues, or large development projects.
A. Applicability.
1. Mandatory Concept Review. Concept review is required for the following projects:
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
96 a. Planned Unit Development (PUD) Overlay Zone.
b. a. Projects proposed in accordance with the Average Unit-Size Density Incentive Program, pursuant to Section 30.150.060, Pre-Application and Concept Review Required.; except Objective Housing Development Projects using Title 25 of this code are exempt from mandatory Pre-Application and Concept Review.
2. Optional Concept Review. Concept Review is optional for all other projects.
B. Review Procedure.
1. Concept Design Review. An applicant may request one or more Concept Design Review hearings to consult with the applicable Design Review body for guidance on the design of a proposed project.
a. Concept Design Review Comments Forwarded to Review Authority. If a project requires a discretionary land use approval in addition to Design Review, comments made during Concept Design Review will be part of the minutes forwarded to the Staff Hearing Officer, the Planning Commission, or the City Council (as applicable) to promote effective and appropriate communication between City decision-makers.
2. All Other Concept Reviews. The Planning Commission or Staff Hearing Officer shall review the project and associated materials and advise the applicant of project-related issues and concerns.
C. Application Requirements. Applications for Concept Review shall be filed with the Community Development Director in accordance with the provisions set forth in Section 30.205.020, Application Forms and Fees. A conceptual plan shall be submitted showing generalized development proposals including, as applicable, lot sizes and open spaces proposed, proposed reductions or waivers, existing easements, existing neighborhood development, and any other information which may be reasonably required by the Community Development Director to aid and assist the Review Authority Planning Commission in an initial consideration.
D. Public Notice and Hearing. All a Applications for Concept Review shall require public notice and hearing pursuant to Section 30.205.070, Public Notice, and Section 30.205.080, Conduct of Public Hearings when the project is subject to public notice and hearing under the terms of this code.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
97 E. Recommendations are Advisory. No formal action shall be taken by the Review Authority Planning Commission or Staff Hearing Officer regarding the conceptual proposal and, therefore, comments may not be appealed. Any recommendations that result from Concept Review shall be considered advisory only and shall not be binding on either the applicant or the City.
F. Expiration. Comments and recommendations from any Concept Review are valid for a period of 12 months from the date of the public hearing, subject to the same limitations and circumstances as described in Pre-Application Review, Section 30.205.030, above.
30.205.050 Review of Discretionary Applications.
A. Review Process. The Community Development Director shall determine whether a discretionary application is complete within 30 days of the date the application is filed with the required fee, pursuant to Government Code § 65943.
B. Concurrent Processing. With the exception of General Plan and Zoning Amendments, Local Coastal Program Amendments, Development Agreements, and Sspecific Pplans, if an application requires more than one discretionary land use approval under this title, all applications shall be submitted, reviewed, heard, and acted upon concurrently by the highest applicable Review Authority.
C. Incomplete Application. If a discretionary application is incomplete, the Community Development Director shall provide written notification to the applicant listing the applications for permits, forms, material, information or additional fees that are necessary to complete the application.
1. Discovery of Potential Unlawful Conditions. If the City discovers unpermitted or unauthorized site development, uses, or structures during application review, the City will notify the applicant of the alleged violation.
a. Voluntary Compliance. If the applicant and the City agree on the nature and extent of the violation and the proposed correction, the violation will be corrected using one of the following methods as determined by the applicant:
i. Inclusion as part of the proposed project application; ii. Inclusion on a separate, concurrent application;
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
98 iii. Inclusion as a condition of project approval, which may specify a phasing program.
b. Referral to Enforcement. If the applicant and the City do not agree on the nature and extent of the violation or the proposed correction, or if the violation is not corrected as provided in subsection (C)(1)(a), the violation will be subject to formal enforcement action.
c. A discretionary application may be determined complete without a requirement for abatement of the violation; provided, however, that any approvals shall not constitute authorization for continuation of the violation, or waiver of, or estoppel against any future enforcement action.
2. Appeal of Determination. Determinations of discretionary application incompleteness are subject to the provisions of Section 30.205.150, Appeals.
3. Submittal of Additional Information. The applicant shall provide the additional information within 30 days or as specified by the Community Development Director. The Community Development Director may, for good cause, grant extensions of any time limit for review of applications imposed by this title.
a. If an applicant receives written notification that the application is incomplete, and a preliminary application per Section 30.205.035, Preliminary Housing Application, was submitted for a qualifying housing project, the applicant shall submit the information needed to complete the application within 90 calendar days of receiving the written notification of incompleteness. If the applicant does not submit this information within this timeframe, the preliminary application shall expire and have no further force or effect.
4. Expiration of Application. If an applicant fails to correct the specified application deficiencies within the specified time limit, the application shall expire and be deemed withdrawn. After the expiration of an application, project review shall require the submittal of a new, complete application, along with all required fees.
D. Complete Application. When a discretionary application is determined to be complete, the Community Development Director shall make a record of that date. The Director may require submittal of additional information for review of the project in compliance with the California Environmental Quality Act (CEQA).
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
99 E. Review and Consideration.
1. Review Authority. Once a discretionary application is determined to be complete, and environmental review is completed, the application shall be considered and acted upon by the Review Authority as outlined in this chapter.
2. Findings. Findings, when required by sState law or this title, shall be based upon consideration of the application, plans, testimony, reports, and other materials that constitute the administrative record and shall be stated in writing in the Record of Decision. The inability to make one or more of the required findings supported by substantial evidence in the record is grounds for denial of an application.
3. Approval of Development at a Lower Density.
a. Required Findings. Pursuant to California Government Code § 65863 (No Net Loss Law), prior to approving any project at a lower residential density than what was assumed in the sites inventory of the General Plan Housing Element, the Review Authority, at the time of approval, must make the following written findings, supported by substantial evidence in the record:
i. Remaining sites identified in the Housing Element are adequate to meet the City’s remaining regional housing need allocation (RHNA) for the planning period by income category; and
ii. The findings should include a quantification of the remaining unmet need for the City’s RHNA at each income level and the remaining capacity of sites identified in the Housing Element, to accommodate that need by income level.
b. Maintaining Housing Capacity. If the approval of a project at a lower residential density will result in the remaining sites capacity becoming inadequate to accommodate the RHNA by income category, the City shall identify additional adequate sites to accommodate the remaining RHNA.
4. Denial of an Objective Housing Development Project. If a qualifying Objective Housing Development Project, as described in Government Code § 65589.5(h)(2), complies with all applicable objective General Plan, zoning, and subdivision standards and criteria, including the Objective Design Standards and Development Standards (ODDS) in Title 25 AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
100
of this code, the Review Authority may only deny the project or conditionally approve the project at a lower density if the Review Authority makes written finding supported by a preponderance of the evidence in the record that:
a. The housing development would have a specific, adverse impact upon the public health or safety unless the housing development is denied or conditionally approved at a lower density. A "specific, adverse impact" means a "significant, quantifiable, direct, and unavoidable impact, based on identified written public health or safety standards, policies, or conditions as they existed on the date that the project was deemed complete"; and
b. There is no feasible method to satisfactorily mitigate or avoid the adverse impact other than the denial of the housing development or conditional approval of the housing development at a lower density.
5. Denial of an Affordable Housing Project. See Section 30.145.050, Denial of Affordable Housing or Emergency Shelters.
30.205.060 Environmental Review.
All projects must be reviewed for compliance with the California Environmental Quality Act (CEQA).
Environmental review will be conducted pursuant to Title 14 of the California Code of Regulations (CEQA Guidelines), and Chapter 22.100 Environmental Review of this code the City of Santa Barbara Guidelines for the Implementation of the California Environmental Quality Act. If Title 14 of the California Code is amended, such amendments will govern City procedures.
30.205.070 Public Notice.
Unless otherwise specified, whenever the provisions of this title require public notice, the City shall provide notice in compliance with sState law and the following.
A. Mailed Notice. At least 10 calendar days before the date of the public hearing or the date of action when no public hearing is required, the Community Development Director, or the City Clerk for hearings before the City Council, shall provide notice by First Class mail delivery to:
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
101
1. The applicant and the owner of the subject property;
2. All property owners of record within a minimum 300-foot radius of the subject property as shown on the latest available records of the County Assessor; and
3. Any person or group who has filed a written request for notice regarding the specific application.
4. Alternative Method for Large Mailings. If the number of owners to whom notice would be mailed or delivered is greater than 1,000, instead of mailed notice, the Community Development Director or City Clerk may provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation in the City at least 10 calendar days prior to the hearing.
B. Newspaper Notice. At least 10 calendar days before the date of the public hearing or the date of action when no public hearing is required, the Community Development Director, or the City Clerk for hearings before the City Council, shall publish a notice in at least one newspaper of general circulation in the City; except as indicated for Design Review hearings in Subsection C, below.
C. Noticing for Design Review Hearings. If a notice is required for a Design Review hearing under the terms of this code, a mailed notice shall be provided at the first Design Review hearing and if a subsequent hearing is scheduled for Project Design Approval; however, nothing in this section shall require more than two mailed notices of any Design Review project or notice of any hearing to be published in a newspaper.
C.D. Additional Noticing Methods. The City may also require public notice in any other manner it deems necessary or desirable, including, but not limited to, posted notice on the project site.
D.E. Contents of Notice. The required Mailed Notice and Newspaper Notice shall include the following information:
1. Process Information.
a. The date, time and place of the hearing and the name of the Review Authority, or the date of action when no public hearing is required; and AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
102
b. A brief description of the City’s general procedure concerning the submission of public comments and conduct of hearings and decisions (e.g., the public’s right to appear and be heard).
2. Project Information.
a. The name of the applicant and owner of the subject property; b. The City’s file number(s) assigned to the application; c. A general explanation of the matter to be considered; d. A general description, in text or by diagram, of the location of the property that is the subject of the hearing; and
e. A statement, if applicable, that the project is located within the City’s Coastal Zone, the date of filing of the application, and whether the project is appealable to the Coastal Commission under Public Resources Code 30603(a).
E.F. Failure to Receive Notification. The validity of the proceedings shall not be affected by the failure of any property owner, resident, or neighborhood or community organization to receive a mailed notice or receive notice by any additional noticing methods.
30.205.080 Conduct of Public Hearings.
Whenever the provisions of this title require a public hearing, the hearing shall be conducted in compliance with the requirements of sState law as follows.
A. Generally. Hearings shall be conducted pursuant to procedures adopted by the hearing body. They do not have to be conducted according to technical rules relating to evidence and witnesses.
B. Scheduling. Hearings before the City Council shall be scheduled by the City Clerk. All other hearings required under this title shall be scheduled by the Community Development Director.
C. Staff Presentation. The Director may prepare a presentation and staff report regarding the proposed project.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
103
D. Applicant Presentation. An applicant or an applicant’s representative may make a presentation of a proposed project.
E. Public Hearing Testimony. Any person may appear at a public hearing and submit oral or written comments, either individually or as a representative of a person or an organization.
F. Time Limits. The Review Authority may establish time limits for individual testimony and request require that individuals with shared concerns select one or more spokespersons to present testimony on behalf of those individuals.
G. Continuance of Public Hearing. The Review Authority conducting the public hearing may, by motion, continue the public hearing to a fixed date, time and place without additional notice; or the body conducting the public hearing may continue the item to an undetermined date and provide notice of the continued hearing in the same manner and within the same time limits as required for the original hearing.
H. Additional Information. The Review Authority conducting the public hearing may require additional information or cause such investigations to be made as it deems necessary and in the public interest in any matter to be heard by it.
I. Decision. The public hearing must be closed before a vote is taken.
J. Limit to Public Hearings for Objective Housing Development Projects. This section shall remain in effect for the same period as provisions contained in the Government Code §65905.5. If a proposed Objective Housing Development Project complies with the applicable, objective standards in effect at the time an application is deemed complete, the City shall not conduct more than five public hearings (including continuances and appeals), workshops, or similar meetings in connection with the approval of the housing development after the full application is deemed complete, consistent with Government Code §65905.5. Meetings required by the California Environmental Quality Act (CEQA) are exempt from the limit.
30.205.090 Decision.
When making a decision to approve, approve with conditions, revise, revoke or deny any discretionary permit or approval under this title, the Review Authority shall issue a written Record of Decision and make findings of fact as required by this title. The Record may take the form of a resolution, letter, notice, memo, meeting minutes or similar document, and shall describe the action AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
104
taken, including any applicable conditions, and shall list the findings that were the basis for the decision. The Community Development Director or the City Clerk shall retain the original Record and provide a copy of the Record to the applicant.
A. Timing of Final Decisions. Final City decisions on project applications shall be in accordance with applicable State laws, including §65920 et seq. (Permit Streamlining Act), §65950 et seq. (Approval of Development Permits), and §66410 et seq. (Subdivision Map Act), of the California Government Code, and this chapter.
A.B. Notice of Final Action, Coastal Development Permits. Within seven calendar days of a final City decision on an application for a coastal development permit, the Community Development Director shall provide notice of the action in writing by first class mail to the California Coastal Commission and to any persons who specifically requested such notice and provided a self-addressed, stamped envelope. Such notice shall include conditions of approval, written findings and the procedures for appeal of the City decision to the California Coastal Commission.
30.205.100 Scope of Approvals.
A. Multiple Approvals. If there are multiple conflicting approvals granted under this title for the same site or location, only one shall be exercised.
B. Conditions of Approval. Any permit or approval provided for in this title shall be subject to the conditions of approval imposed by the Review Authority. The site plan, floor plans, building elevations and any additional information or representations indicating the proposed structures, site development or manner of operation submitted with an application or submitted during the approval process shall be deemed conditions of approval.
C. Actions Subject to Enforcement. If the construction of a structure, or the use established, is contrary to either the conditions of approval or approved project description and plans, so as to either violate any provision of this title, or require additional permits or approvals, then the permit or approval shall be suspended and subject to possible revocation pursuant to Section 30.205.140, Revocation of Permits and Approvals, and enforcement pursuant to Section 30.205.160, Enforcement and Penalty.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
105
D. Periodic Review. All approvals may be subject to periodic review to determine compliance with the permit and applicable conditions. If a condition specifies that activities or uses allowed under the permit or approval are subject to periodic reporting, monitoring or assessments, it shall be the responsibility of the approval holder, the property owner, or successor property owners to comply with such conditions.
30.205.110 Effective and Approval Dates.
A. Approval Date. The approval date is the date of final decision by the Review Authority, or if a project is appealed, the approval date is the date of decision by the final Appeal Body, regardless of when any associated Resolution is adopted.
B. Effective Date. A final decision on an application for any discretionary or administrative permit or approval subject to appeal shall become effective after the expiration of any applicable appeal period following the date of action approval date, unless an appeal is filed. No building permit or business license shall be issued until the permit or approval becomes effective.
C. Ministerial Decisions. Ministerial decisions with no appeal process shall be effective immediately upon being stamped and signed by the Community Development Director.
30.205.120 Expiration of Permits.
Permits and approvals granted under this title shall automatically expire and become null and void if the approval is not exercised pursuant to subsection A, Exercising a Permit or Approval, or the approved use, structure, or site development is not continued pursuant to subsection B, Continuation of Use, Structure, or Site Development.
A. Exercising a Permit or Approval.
1. Exercised Defined. A permit or approval is exercised when:
a. Aa valid City building permit has been issued for work related to the approval and construction work has begun and been carried on diligently without substantial suspension or abandonment of work.; or
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
106
b. If an approval does not require a permit for construction, alterations, or to establish a use, the approval shall be considered exercised when operations of the use authorized by the approval have commenced.
1.2. Time Period to Exercise a Permit or Approval. A permit or approval granted under this title shall be exercised within its initial approval period unless a time extension is granted pursuant to paragraph 23, Extensions, of this subsection, or as provided below. a. Initial Approval Period.
i. Development Plans, Transfer of Existing Development Rights Permits, and Conditional Use Permits for Overlay Zones. Four years from the approval effective date.
ii. Other Discretionary Permits or Approvals. Three years from the approval effective date unless a different time is specified in the Record of Decision.
iii. Zoning Clearance, Ministerial Decisions, Administrative Permits or Approvals. 12 months, or the effective date of applicable ordinance changes, whichever is sooner.
b. Multiple Land Use Approvals. If a project requires multiple discretionary permits or approvals pursuant to any Title 22, 27, or 28 of the Santa Barbara Municipal Code, the expiration date shall be measured from date of the final action of the City on the longest discretionary permit or approval related to the application, unless otherwise specified by State or federal law, with the following exceptions:
i. Design review approval shall be measured from the date of the Project Design Approval;
ii. Design review approval shall not operate to extend any other discretionary permit or approval; and
iii. Discretionary land use permits or approvals and any time extensions granted shall automatically extend design review approvals to the same date; and
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
107
iii. iv. The recordation of a Parcel Map or Final Map does not extend any other discretionary permit or approval or design review approval.
Approval periods run concurrently with, not consecutively to, each discretionary approval term.
c. Exclusions of Time.
i. Moratorium or Litigation. The periods of time specified in this section shall not include any period of time during which either a development moratorium imposed by the City after the project received a permit or approval, is or was in effect; or a lawsuit involving the permit or approval for the project is or was pending in a court of competent jurisdiction. For this exclusion to operate, the moratorium must apply to an element of the project that received the permit or approval. The maximum length of any exclusion of time under this subsection shall be five years. (1) Moratorium. Once a moratorium is terminated, the permit or approval shall be valid for the same period of time as was left to run on the permit or approval at the time that the moratorium was imposed or 120 days from the termination of the moratorium, whichever is later.
(2) Litigation.
(a) After service of the initial petition or complaint in the lawsuit upon the City, the applicant may advise the City of the need for a litigation tolling stay pursuant to the City’s adopted procedures.
(b) Once the litigation ends, the permit or approval shall be valid for the same period of time as was left to run on the permit or approval at the time that the lawsuit was filed. ii. Tentative Maps. If the project requires the approval of a tentative subdivision pursuant to Title 27 of the Santa Barbara Municipal Code, the periods of time specified in this section shall not include a period of time during which a lawsuit involving the approval of the tentative map is or was AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
108
pending in a court of competent jurisdiction for which a stay was approved by the Reviewing Authority that approved the tentative subdivision map. d. Approvals Contingent Upon Action of Other Governmental Bodies. When a discretionary approval by the City made pursuant to this title is contingent upon an action by another governmental body, including, but not limited to, the approval of an annexation by the Local Agency Formation Commission or any action by the California Coastal Commission, the timeline for all discretionary approvals related to the project shall not commence until all such outside agency contingencies are satisfied.
i. The suspension of project timelines allowed in this subsection shall not exceed three years from the date of the final City action on the discretionary approval that is contingent upon the action of another governmental body.
ii. This suspension shall not run consecutively to a moratorium or litigation exclusion unless the moratorium or litigation legally prevented the applicant from processing the application before the other governmental body.
2.3. Extensions. Extensions of time may be granted by the Community Development Director upon finding that the applicant is demonstrating due diligence to implement and complete the proposed development as substantiated by competent evidence in the record, and that the project continues to be consistent with this title, the certified Local Coastal Program, the Coastal Act, or applicable City ordinances, resolutions and other laws. a. Projects Not Involving a Tentative Subdivision Map or Lot Line Adjustment. The Community Development Director may approve up to two one-year, or one two-year, extensions of any permit or approval granted under this title, except for Development Plans, which may receive only one one-year extension, upon receipt of a written application with the required fee prior to the date of expiration of the approval. Under no circumstances shall the time for exercise of the permit or approval of development be more than five years after the approval effective date of the approval, unless otherwise allowed by State Law or if approvals are contingent upon other governmental bodies, pursuant to subparagraph 30.205.120.A.1.d, Approvals Contingent Upon Action of Other Governmental Bodies.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
109
b. Projects Involving a Tentative Subdivision Map or Lot Line Adjustment. When the permit or approval granted under this title also includes approval of a Tentative Subdivision Map or Lot Line Adjustment, the Staff Hearing Officer is the Review Authority and may approve the requested extension in accordance with the applicable provision(s) of Title 27.
B. Continuation of Use, Structure, or Site Development. A use, structure, or site development authorized by the permit or approval is considered continued unless the structure or site development are demolished or substantially redeveloped pursuant to Section 30.140.200, Substantial Redevelopment, or the uses authorized by the approval are discontinued pursuant to Section 30.140.080, Discontinuation of Use.
30.205.130 Changes to Approved Plans.
No change to any structure, site development, or use for which a permit or approval has been issued or granted under this title is permitted unless the permit or approval is revised as provided for in this title.
A. Substantial Conformance. The Community Development Director may approve minor changes to approved projects that are found to be in substantial conformance with the original project description, findings and conditions; provided that, the minor changes would not increase the intensity of any aspect of the project that could have a potentially detrimental effect. Substantial Conformance Determinations shall be documented by the Director with a Record of Decision and the Director may request input from applicable City Departments or the original Review Authority for help in determining whether the request is consistent with the original approval pursuant to administrative procedures adopted by a resolution of the City Council.
B. Amendments. A request for a change to a condition of approval; or a change in an approved structure, site development, or use that would affect the original project description, findings, or a condition of approval beyond what the Director finds to be in Substantial Conformance; shall require approval by the original Review Authority and shall be processed in the same manner as the original approval.
30.205.140 Revocation of Permits and Approvals.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
110
Any permit or approval granted under this title may be revoked or revised for cause if any of the conditions or terms of the permit or approval are violated or if any applicable law or ordinance is violated.
A. Initiation of Proceeding. Revocation proceedings may be initiated by the Community Development Director, Chief of Police, or City Administrator.
B. Public Notice, Hearings, and Action. A decision to revoke or revise a permit or approval shall require public notice and hearing before the Planning Commission pursuant to Chapter 30.205, Common Procedures.
C. Required Findings. The Planning Commission may revoke or revise a permit or approval if it makes any of the following findings:
1. The approval was obtained by means of fraud or misrepresentation of a material fact by the applicant;
2. The use, building, or structure has been substantially altered or expanded beyond what is set forth in the permit or approval or substantially changed in character in a manner that violates the terms of the permit or approval;
3. There is or has been a documented violation of, or failure to observe the terms or conditions of, the permit or approval, or the use has been conducted in violation of the provisions of this title, or any applicable law or regulation; or
4. The use to which the permit or approval applies has been conducted in a manner detrimental to the public safety, health or welfare, or so as to be a nuisance. (Ord. 6027 § 6, 2021)
30.205.150 Appeals.
A. Applicability.
1. Appeals of Community Development Director, City Administrator, and Chief of Police Decisions. Any decision or determination of the Community Development Director, City Administrator, and Chief of Police that is subject to appeal under the terms of this title may be appealed to the Planning Commission.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
111
2. Appeals of Staff Hearing Officer Decisions. Decisions of the Staff Hearing Officer may be appealed to the Planning Commission or the Community Development Director in accordance with this section.
a. Appeals of Staff Hearing Officer Decisions on Minor Zoning Exceptions. Appeals of the Staff Hearing Officer decisions regarding Minor Zoning Exceptions shall be heard by the Community Development Director, and the decision of the Community Development Director shall be final, without any right of further appeal. a. Appeals of Staff Hearing Officer Decisions on Accessory Dwelling Units. The decision of the Staff Hearing Officer concerning an application for a Coastal Development Permit for an Accessory Dwelling Unit shall constitute the final action of the City.
Development located in the Appealable Jurisdiction of the Coastal Zone may be appealed to the Coastal Commission in accordance with Section 30.205.150, Appeals.
b. Appeals of all Other Staff Hearing Officer Decisions. Appeals of all other Staff Hearing Officer decisions shall be heard by the Planning Commission. c. Planning Commission Suspensions. The Chairperson, Vice Chairperson or designated liaison of the Planning Commission may suspend a decision of the Staff Hearing Officer (except Minor Zoning Exceptions Time Extensions) within the 10- day appeal period. The suspension shall be processed in the same manner as an appeal. Such action shall not require any statement of reasons and shall not represent opposition to or support of an application.
3. Appeals of Planning Commission and Design Review Decisions. Decisions of the Planning Commission and Design Review may be appealed to the City Council in accordance with Chapter 1.30 and Title 22 of the Santa Barbara Municipal Code Chapter
30.220, Design Review, except as provided below. In addition to the procedures specified in Chapter 1.30 of the Santa Barbara Municipal Code, public notice shall be provided in the same manner required for the action that was the subject of the appeal. a. Single Family Design Board. Appeals of Single Family Design Board decisions shall be heard by the Planning Commission, and the decision of the Planning Commission shall be final, subject only to judicial review as provided in Section 1.30.020 of this code. The Planning Commission’s AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
112
decision on the appeal shall be based upon findings required by Chapter 2
30.220, Design Review, and the applicable design guidelines.
4. Coastal Development Permits. Actions on some Coastal Development Permits may also be appealed to the California Coastal Commission pursuant to subsection C, Appeals to the Coastal Commission, below.
5. Ministerial Actions. Ministerial actions of the Community Development Director granting or denying a zoning clearance, home occupation permit, or any other ministerial action pursuant to this code are final and not subject to appeal, unless otherwise stated.
B. Appeal Process.
1. Rights of Appeal. Only those persons who participated either orally or in writing on a project have standing to appeal the decision. Grounds for appeal are limited to those issues raised either orally or in written correspondence delivered to the review body at, or prior to, the public hearing.
2. Time Limits. Unless otherwise specified in sState or federal law, all appeals shall be filed in writing within 10 calendar days of the date on which a written decision is issued by the decision maker. In computing the length of an appeal period, the day on which the decision was issued is excluded and the 10th calendar day of the appeal period is included. If the 10th calendar day of the appeal period falls on a day the City is closed, the appeal period shall end at the close of business on the next business day of the City.
3. Procedures.
a. Proceedings Stayed by Appeal. The timely filing of an appeal stays all proceedings in the matter appealed including the issuance of demolition permits and City building permits, with the following exception:
i. Appeals of Planning Commission Decisions. When a project is subject to both Planning Commission and Design Review approval and the Planning Commission’s decision on the project is appealed to the City Council, the Director may, at the request of the applicant, allow the project to continue through the design review process to an appealable decision, so that the City Council may consider the appeal of the Planning Commission decision and the appeal of the Design Review body decision simultaneously.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
113
b. Filing of Appeals. A written appeal must be filed at the appropriate location no later than 4:30 p.m. on the appeal due date. The appeal must be accompanied by payment of the required fee established by City Council resolution in order to be duly filed and must state specifically how the decision is not in accord with the provisions of this title or how there was an error or abuse of discretion. c. Public Notice. Notice of the appeal hearing must be provided in the same manner required for the action that was the subject of the appeal. d. Action. The Appeal Body shall conduct a public hearing, if a public hearing was required for the action that was the subject of the appeal, after which it may affirm, reverse, or modify the previous decision.
C. Appeals to the Coastal Commission. A final action taken by the City on a Coastal Development Permit application for development in the appealable area may be appealed to the California Coastal Commission pursuant to Public Resources Code Section 30603 and Title 14 Sections 13110 through 13120 of the California Code of Regulations.
1. Exhaustion of City Appeals Required. Except in circumstances identified in Title 14 Section 13573 of the California Code of Regulations, an applicant or other aggrieved person may appeal a City decision on a Coastal Development Permit application to the Coastal Commission only after exhausting all local appeals to the Planning Commission and Council in compliance with this section.
30.205.160 Enforcement and Penalty.
A. Purpose. This section establishes the responsibilities of various departments, officials and public employees of the City to enforce the requirements of this title and establishes uniform procedures the City will use to identify, abate, remove, and enjoin uses, buildings, or structures that are deemed to be in violation of this title.
B. Duties. All departments, officials, and public employees of the City who are vested with the duty or authority to issue permits or licenses shall conform to the provisions of this title, and shall issue no permit or license, except licenses issued for revenue purposes only, for uses, buildings, structures, or purposes in conflict with the provisions of this title, and any such permit or license issued in conflict with the provisions of this title shall be null and void.
1. Community Development Director.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
114
a. It shall be the duty of the Community Development Director, with respect to new development and uses, to enforce this title by withholding, suspending, or revoking permits, approvals, Final Inspections, or Certificates of Occupancy where plan checks or field inspections reveal that completion of the project will result in a violation of this title.
b. When a record of a prior permit or approval does not exist, the Community Development Director may make a determination of when a site development, use, or structure was originally established or constructed and then apply the codes and other specified rules and regulations in effect when the structure was determined to be constructed for purposes of issuing a permit or approval. The determination will be made on a case-by-case basis when so doing would be consistent with the purposes of this title, and in consultation with the Building Official to approve an alternative material or method, if the design is satisfactory and equivalent to the Building Code.
c. A Certificate of Occupancy shall not be issued, or a Final Inspection shall not be approved, on any City permit until all work required by the permit and all other conditions imposed by any board, commission or other authority have been completed or satisfactorily met by bonding or other appropriate method. d. With respect to existing development and uses, and all other sources of violations, it shall be the duty of the Community Development Director to enforce this title. It is the policy of the Community Development Department to work in cooperation with a property owner to obtain voluntary compliance unless immediate enforcement action is required because of an imminent threat to health or safety caused by the violation. An enforcement priority for the Community Development Department is to educate and to work in partnership with property owners and businesses, and to allow the level of enforcement that best fits the type and circumstances of the code violation.
2. City Attorney. The provisions of this title shall be interpreted by the City Attorney.
C. Enforcement.
1. Any structure erected or maintained or any use of property contrary to the provisions of this title shall be, and the same is hereby declared to be, unlawful and a public nuisance and the City Attorney shall have the authority to commence actions and AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
115
proceedings for the abatement, removal or enjoinment thereof in the manner provided by law and by Santa Barbara Municipal Code Chapter 1.25, Administrative Code Enforcement Procedures; and shall have the authority to take such other steps and shall apply to any court as may have jurisdiction to grant such reliefs as will abate or remove such building, structure or use and restrain and enjoin any person, firm or corporation from erecting or maintaining such structure or using any property contrary to the provisions of this title.
2. This title may also be enforced by injunction issued out of the Superior Court upon the suit of the City or the owner or occupant of any real property affected by such violation or prospective violation. This method of enforcement shall be cumulative and in no way affect the penal provisions hereof.
D. Penalty. Any person, firm or corporation, whether as owner, principal, agent, employee or otherwise, violating any provision of this title shall be deemed guilty of a misdemeanor but may be cited or charged, at the election of the enforcing officer or City Attorney, as an infraction. Upon conviction, such person shall be punished as set forth in Chapter 1.28, Penalty, of the Santa Barbara Municipal Code. Each day that violation of this title continues shall be considered a separate offense.
E. Indemnification. As a condition of approval of a permit or entitlement issued under this title, the applicant shall agree to indemnify, defend, and hold harmless the City or its agents, officers and employees from any claim, action, or proceeding (including damage, attorney fees, and court cost awards) against the City or its agents, officers, or employees to attack, set aside, void, or annul an approval of the City, advisory agency, appeal board, or legislative body concerning the permit or entitlement when such action is brought within the applicable statute of limitations. The City may require that the applicant post a bond or other security in an amount determined to be sufficient to satisfy the above indemnification and defense obligation.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
116
SECTION 6. Chapter 30.220 of Title 30 of the Santa Barbara Municipal Code is amended to read as follows:
Chapter 30.220 Design Review
Sections:
30.220.010 Architectural Board of Review
30.220.020 Historic Landmarks Commission
30.220.030 Sign Committee
30.220.040 Single Family Design Board
30.220.050 Objective Design Review
30.220.010 Architectural Board of Review.
Design review is as required by Chapter 22.68, Architectural Board of Review.
30.220.020 Historic Landmarks Commission.
A. Purpose. The recognition and preservation of structures, sites, and natural features having historic, architectural, archaeological, or cultural significance is in the interest of the health, economic prosperity, and general welfare of the community. This chapter implements the City Charter and Historic Resources Element of the General Plan by protecting and preserving historic resources and implements the powers and duties of the Historic Landmarks Commission. The specific purposes of this chapter are the following:
1. To safeguard the City’s heritage by protecting historic resources representing significant elements of its history;
2. To protect and enhance the City’s visual character by encouraging and regulating architectural styles within Landmark and Historic Districts, that reflect the City’s unique and established architectural, cultural and landscapeing traditions;
3. To foster public appreciation of, and civic pride in, the beauty of the City and the accomplishments of its cultural past;
4. To strengthen the economy and vitality of the City by protecting and enhancing the City’s attractions to residents and visitors;
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
117
5. To promote the private and public use of Landmarks, Structures of Merit, and Historic Districts for the education, prosperity, and general welfare of the people;
6. To stabilize and improve property values within the City;
7. To undertake the identification, inventory, and consideration of structures, sites, and features that may merit designation as a historic resource;
8. To promote high standards in architectural and landscape design and the construction of aesthetically pleasing structures;
9. To promote neighborhood compatibility; and
10. To ensure that the review process is fair and consistent both in policy and implementation, and to allow all who are involved to participate in the process.
B. Applicability.
1. Exterior Alterations, Relocation and Demolition. Approval by the Historic Landmarks Commission is required for any exterior alteration, relocation, or demolition, including demolition by neglect of a structure, site, or feature developed with, containing, or located within any of the following:
a. City-Owned or Leased Property. If the alteration, construction or relocation of any structure, natural feature, site or area owned or leased by the City has a historic resource on the lot, the entire property is under Historic Landmarks Commission jurisdiction, except for the Airport Property due to the size of the property and demand for air use and the Historic Landmarks Commission purview will be over historic resources on the site only.
b. El Pueblo Viejo Landmark District. As defined in Section 30.57.030. c. Historic Resource. A historic resource as defined in Section 30.300.080 “H” Historic Resources Related Definitions.
d. Historic District (HD) Overlay Zones. All properties, contributing and noncontributing, within a HD Overlay Zone.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
118
e. Publicly Owned Buildings Generally. Except as provided in subsections B.1.f. and g below, any structure, natural feature, site or area owned or leased by any public entity other than the City of Santa Barbara and designated as a Landmark or Structure of Merit, or located within any landmark district, shall not be subject to the provisions of this chapter.
f. Public Interest Exception for City Facilities. The City Council shall first make a public interest determination on whether the alteration, construction or relocation of any structure, natural feature, site or area owned or leased by the City and designated as a Landmark or Structure of Merit, or located within any Landmark or Historic District, is exempt from review by the Historic Landmarks Commission. g. Highway 101 Santa Barbara Coastal Parkway Special Design District. A natural feature, site or area owned or leased by a public entity within the Highway 101 Santa Barbara Coastal Parkway Special Design District as defined by Section 22.68.060.C, which requires a Coastal Development Permit and which is designated as a Landmark, Structure of Merit, or which is located within any Landmark or Historic District shall be reviewed by the Historic Landmarks Commission.
2. Minor Zoning Exceptions and Other Approvals. In addition to any review required pursuant to this chapter, the Historic Landmarks Commission shall review all applications for Minor Zoning Exceptions.
3. Exception for Certain Trees. Notwithstanding the above, the placement, alteration, or removal of trees shall be processed in accordance with Chapter 15.20 or 15.24, as applicable.
C. Review Authority. The Review Authority shall approve, conditionally approve, revise or deny all applications for design review based on consideration of the requirements of this chapter.
1. Historic Landmarks Commission. The Historic Landmarks Commission shall review all applications as required by this Chapter, including minor alterations on Landmarks and in El Pueblo Viejo Landmark District, and alterations contributing to a historic resources in a historic district overlay zone and properties listed on the Historic Resources Inventory.
2. City Architectural Historian (as defined under Qualified Professional Staff in Historic Preservation). Shall review ordinary maintenance contributing to historic AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
119
resources in a historic district overlay zone and properties listed on the Historic Resources Inventory (as defined in Section 30.300.080 “H”). Ordinary maintenance done to a Historic Resource may be approved through the issuance of a Certificate of Appropriateness as a ministerial action by the City’s Architectural Historian without review by the Historic Landmarks Commission.
a. Referrals to Historic Landmarks Commission. The City’s Architectural Historian may refer any proposed ordinary maintenance to the Historic Landmarks Commission if the City’s Architectural Historian finds that the maintenance has the potential to have an adverse effect on the integrity of the historic resource because it does not meet the Secretary of the Interior Standards.
b. Administrative Review. The issuance of the Certificate of Appropriateness by the City’s Architectural Historian is a ministerial action and does not require a noticed public hearing, and is otherwise final and not appealable.
D. Referrals to Planning Commission.
1. Planning Commission Comments. When the Historic Landmarks Commission determines that a development is proposed for a site which is highly visible to the general public, the Historic Landmarks Commission may, prior to granting project design approval of the application, require presentation of the application to the Planning Commission solely for the purpose of obtaining comments from the Planning Commission regarding the application. Planning Commission comments would be considered by the Historic Landmarks Commission in its deliberations.
2. Public Notice and Hearing. Prior to making any comments regarding an application pursuant to this section, the Planning Commission shall hold a noticed public hearing. Notice of the hearing shall be provided in accordance with the requirements of Chapter 30.205, Common Procedures.
E. Public Notice and Hearing. Projects That Require Public Notice. Applications for the following projects shall require public notice and hearing pursuant to Chapter 30.205, Common Procedures.
1. New single residential units, two-unit residential units, multiple residential units, mixed-use buildings or nonresidential buildings located in El Pueblo Viejo Landmark District or a Historic District;
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
120
2. The addition of over 500 square feet of net floor area to a single-unit residential or two-unit residential unit;
3. An addition of a new second or higher story to an existing single-unit residential or two-unit residential housing type;
4. An addition of over 150 square feet of net floor area to an existing second or higher story of a single-unit residential or two-unit residential housing type;
5. The addition of over 500 square feet of net floor area or any change that will result in an additional residential unit to a multi-unit residential housing type;
6. Whenever approval of a Development Plan is required pursuant to Chapter 28.85 or 30.170 (Nonresidential Growth Management Program);
7. Projects involving more than 250 cubic yards of grading outside the footprint of any main building (soil located within five feet of an exterior wall of a main building that is excavated and re-compacted shall not be included in the calculation of the volume of grading outside the building footprint);
8. Projects involving exterior lighting with the apparent potential to create significant glare on neighboring parcels;
9. Projects involving the placement or removal of natural features with the apparent potential to significantly alter the exterior visual qualities of real property;
10. Projects involving an application for an exception to the parking requirements for a single residential unit as specified in Section 28.90.100.G.l.c. or Section 30.175.030.N.l.a.;
11. Projects involving an application for a Minor Zoning Exception as specified in Section 30.245.060; or
12. All proposals to designate a City Landmark or Structures of Merit.
F. Project Compatibility.
l. Project Compatibility Findings. In addition to any other considerations and requirements specified in this Code, the applicable findings identified below shall be considered by the Historic Landmarks Commission when it reviews and approves or AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
121
disapproves the design of a proposed development project in a noticed public hearing pursuant to the requirements of Section 30.157.100.
a. Consistency with Design Guidelines. The design of the project is consistent with design guidelines applicable to the location of the project within the City; b. Compatible with Architectural Character of City and Neighborhood. The design of the project is compatible with the desirable architectural qualities and characteristics which are distinctive of Santa Barbara and of the particular neighborhood surrounding the project;
c. Appropriate Size, Mass, Bulk, Height, and Scale. The size, mass, bulk, height, and scale of the project is appropriate for its location and its neighborhood; d. Sensitivity to Adjacent Landmarks and Historic Resources. The design of the project is appropriately sensitive to adjacent Federal, State, or City Landmarks or other nearby designated historic resources, including City structures of merit, sites, or natural features;
e. Public Views of the Ocean and Mountains. The design of the project responds appropriately to established scenic public vistas; or
f. Use of Open Space and Landscapeing. The project includes an appropriate amount of open space and landscapeing.
2. Review Procedures.
a. Projects with Design Review Only. If a project only requires design review by the Historic Landmarks Commission pursuant to the provisions of this chapter and does not require discretionary land use approval, the Historic Landmarks Commission shall consider the applicable Project Compatibility Findings during the course of its review prior to granting an approval, denial or continuance of project design approval for the project.
b. Projects with Design Review and Other Discretionary Approvals. If, in addition to design review by the Historic Landmarks Commission, a project requires a discretionary land use approval (either from the Staff Hearing Officer, the Planning Commission, or the City Council), the Historic Landmarks Commission shall review and discuss the applicable Project Compatibility Findings during its conceptual AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
122
review of the project and shall provide its comments on those findings as part of the minutes of the Historic Landmarks Commission hearing which would then be forwarded to the Staff Hearing Officer, the Planning Commission, or the City Council (as applicable).
G. Appeals. Appeals of any decision of the Historic Landmarks Commission to the City Council may be made in accordance with the requirements of Section 30.205.150, Appeals.
1. Limits on New Evidence. The City Council will decide the appeal in the exercise of its independent judgment based upon the record of the proceedings of the Historic Landmarks Commission. New evidence will not be considered unless the City Council determines that relevant evidence exists that, in the exercise of reasonable diligence, could not have been produced or was improperly excluded at the hearing before the Historic Landmarks Commission.
30.220.030 Sign Committee.
Design review is as required by Chapter 22.70, Sign Regulations.
30.220.040 Single Family Design Board.
Design review is as required by Chapter 22.69, Single Family Design Board.
30.220.050 Objective Design Review.
A. Purpose. Objective Design Review is intended to provide a more efficient, predictable, and equitable design review process in order to streamline approval of applicable housing projects.
B. Applicability. Projects submitted in compliance with Title 25, Objective Design and Development Standards (ODDS), must use the Objective Design Review process.
1. Applicants opting out of using the Objective Design Review process must use the City’s subjective design review process as described in this chapter.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
123
C. Review Authority. The Review Authority for Objective Design Review projects is the Architectural Board of Review, unless such authority is granted to the Historic Landmarks Commission per Section 30.220.020.
D. Procedures. Applications for Objective Design Review shall be applied for and acted upon in compliance with Chapter 30.205, Common Procedures, and the procedures located within adopted board and commission guidelines, except as follows:
1. Streamlined Meeting Procedures. Project Design Approval and Final Design Review actions are combined into a one-step procedure. Final construction details, finishes, materials, final landscape plans, and storm water management plans are required for a complete application.
2. Limits to Design Review. The Review Authority can review the design of an Objective Design Review project and call for a project applicant to make objective designrelated modifications to achieve consistency with Title 25, but cannot exercise judgment to reject, deny, or modify the project without making the specific written findings described in Subsection 30.205.050.E.2.a, Denial of an Objective Housing Development Project; or Section 30.145.050, Denial of Affordable Housing or Emergency Shelters, as applicable.
3. Findings. An Objective Housing Development Project shall be approved when all the following findings are made:
a. The project, as conditioned, complies with all objective design and development standards.
b. The project will not result in a specific adverse impact to public health or safety that cannot be mitigated without rendering the project infeasible.
4. Appeals. A final action by the Review Authority on an Objective Design Review project may only be appealed by the applicant to the City Council in accordance with Chapter 1.30 of the Santa Barbara Municipal Code. In addition to the procedures specified in Chapter 1.30 of the Santa Barbara Municipal Code, public notice shall be provided in the same manner required for the action that was the subject of the appeal. In deciding such an appeal, the City Council shall determine whether the project complies with the criteria required for streamlined housing projects, as well as any adopted objective design standards.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
124
SECTION 7. Chapter 30.250 of Title 30 of the Santa Barbara Municipal Code is amended to read as follows:
Chapter 30.250 Modifications
Sections:
30.250.010 Purpose
30.250.020 Applicability
30.250.030 Review Authority
30.250.040 Application Requirements
30.250.050 Public Notice and Hearing
30.250.060 Required Findings
30.250.070 Conditions of Approval
30.250.010 Purpose.
This chapter establishes a process for consideration and review of Modifications. Modifications provide a means for individual consideration and review to grant relief from the requirements of this title, when so doing would be consistent with the purposes of the Title. Furthermore, it is the policy of the City to comply with the Federal Fair Housing Act, the Americans with Disabilities Act, and the California Fair Employment and Housing Act to provide reasonable accommodation to persons with disabilities seeking fair access to housing through relief from the application of certain zoning regulations.
30.250.020 Applicability.
Modifications may be granted to any of the following standards:
A. Parking.
B. Setbacks, Lot Area, Floor Area, Density, Street Frontage, Open Yard, Front Yard, Required Distances, Building Attachment.
C. Fences and Hedges.
D. Solar Access Height Limitations.
E. Maximum Floor Area (Floor to Lot Area Ratio).
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
125
F. Standards necessary for the Accommodation of Disabilities.
G. Standards necessary for Reconstruction of Nonconforming Structures.
H. Standards necessary for the Preservation of Historic Resources.
30.250.030 Review Authority.
The following bodies shall approve, conditionally approve, or deny applications for Modifications based on consideration of the requirements of this chapter.
A. Planning Commission. The Planning Commission shall review modifications for reduced parking pursuant to Subsection 30.250.060.B, Modifications to Maximum Floor Area (Floor to Lot Area Ratio), and all Modifications when other discretionary applications related to the project require Planning Commission action.
B. Staff Hearing Officer. The Staff Hearing Officer shall review all other Modifications.
30.250.040 Application Requirements.
Applications for a Modification shall be accepted and processed pursuant to Chapter 30.205, Common Procedures, and the specific requirements of this chapter. In addition to any other application requirements, the application for a Modification shall include data or other evidence in support of the applicable findings required by Section 30.250.060, Required Findings, below.
30.250.050 Public Notice and Hearing.
All applications for Modifications shall require public notice and hearing pursuant to Chapter 30.205, Common Procedures.
30.250.060 Required Findings.
A. Parking Modifications for Projects Heard by the Staff Hearing Officer. A Modification for reduced parking may only be approved if the Staff Hearing Officer finds that:
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
126
1. Reduced parking will meet anticipated parking demand generated by the project site; or
2. A physical hardship exists that would otherwise prevent reasonable use of the property for an existing single-unit residence, including, but not limited to, extreme slope, narrow lot width; or location of existing development.
B. Parking Modifications for Projects Heard by the Planning Commission. A Modification for reduced parking may only be approved if the Planning Commission finds that:
1. All of the same findings as Staff Hearing Officer above, for any project requiring Planning Commission approval; or
2. There are Oother criteria consistent with the purposes of the parking regulations and based on unusual or unique circumstances of a particular case, as deemed appropriate determined by the Planning Commission.
C. Maximum Floor Area (Floor to Lot Area Ratio). A Modification to allow a development that would otherwise be precluded by operation of Subsection 30.20.030.A, Maximum Floor Area (Floor to Lot Area Ratio), may only be approved if the Planning Commission makes all of the following findings:
1. Not less than five members of the Single Family Design Board or six members of the Historic Landmarks Commission (on projects referred to the Commission pursuant to Section 22.69.030 30.220.020) have voted in support of the Modification following a concept review of the project;
2. The subject lot has a physical condition (such as the location, surroundings, topography, or the size or dimensions of the lot relative to other lots in the neighborhood) that does not generally exist on other lots in the neighborhood; and
3. The physical condition of the lot allows the project to be compatible with existing development within the neighborhood that comply with the floor area standard.
D. Accommodation of Disabilities. A Modification of any provision of this title to allow improvements to an existing structure or site in order to provide reasonable accommodations to individuals with disabilities may only be approved if the Review Authority makes all of the following findings:
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
127
1. The project does not include new structures, demolitions or substantial redevelopment and rebuilds, or additions where the proposed project precludes a reasonable accommodation that would not require a Modification;
2. That the property which is the subject of the request for reasonable accommodation will be used by an individual or organization entitled to protection;
3. If the request for accommodation is to provide fair access to housing, that the request for accommodation is necessary to make specific housing available to an individual protected under State or federal law;
4. That the conditions imposed, if any, are necessary to further a compelling public interest and represent the least restrictive means of furthering that interest; and
5. That denial of the requested Modification would conflict with any State or federal statute requiring reasonable accommodation to provide access to housing.
E. Preservation of Historic Resources. A Modification of any provision of this title to allow improvements to an existing structure or site in order to preserve a designated historic resource may only be approved if the Review Authority makes all of the following findings:
1. The Modification is consistent with the general purposes of this title or the specific purposes of the zoning district in which the project is located;
2. The project design proposes improvements that encourage rehabilitation or adaptive re-use of a designated historic resource, as an alternative to demolition or relocation;
3. Reduction or waiver of zoning requirements would facilitate the preservation of the historic resource; and
4. The Modification approval and project after completion will be consistent with the City’s Historic Resource Design Guidelines.
F. All Other Modifications. A decision to grant a Modification for any other standard as provided for in this chapter shall be based on the following findings:
1. The Modification is consistent with the general purposes of this title or the specific purposes of the zoning district in which the project is located; and AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
128
2. The Modification is necessary to accomplish any one of the following:
a. Secure an appropriate improvement on a lot; or
b. Prevent unreasonable hardship due to the physical characteristics of the site or development, or other circumstances, including, but not limited to, topography, noise exposure, irregular property boundaries, proximity to creeks, or other unusual circumstance; or
c. Result in development that is generally consistent with existing patterns of development for the neighborhood, or will promote uniformity of improvement to existing structures on the site; or
d. Construct a housing development containing affordable residential units rented or owned and occupied in the manner provided for in the City’s Affordable Housing Policies and Procedures.
e. Construct a housing development to meet the special housing needs of the elderly, persons with disabilities, large families, homeless persons, single and small households, farmworkers, students, homeless persons and families, veterans, and any other group with special needs.
30.250.070 Conditions of Approval.
A. In approving a Modification, the Review Authority may impose any conditions deemed necessary to:
1. Achieve the general purposes of this title or the specific purposes of the zoning district in which the project is located;
2. Achieve the findings for the Modification granted; or
3. Mitigate impacts identified as a result of review conducted in compliance with the California Environmental Quality Act.
B. Modifications approved based on State or federal requirements for reasonable accommodation may be conditioned to provide for rescission or automatic expiration based on a change of occupancy or other relevant change in circumstance.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
129
C. The Review Authority may require reasonable guarantees and evidence that the applicant is complying, or will comply, with the conditions of approval.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
130
SECTION 8. Chapter 30.295 of Title 30 of the Santa Barbara Municipal Code is amended to read as follows:
Division V: General Terms
Chapter 30.295 Use Classifications
Sections:
30.295.010 Purpose and Applicability
30.295.020 Residential Use Classifications
30.295.030 Public and Semi-Public Use
Classifications
30.295.040 Commercial Use Classifications
30.295.050 Industrial Use Classifications
30.295.060 Transportation, Communication,
and Utilities Use Classifications
30.295.010 Purpose and Applicability.
Use classifications describe one or more uses of land having similar characteristics but do not list every use or activity that may appropriately be within the classification. The Community Development Director shall determine whether a specific use shall be deemed to be within one or more use classifications or not within any classification in this chapter. The Director may determine that a specific use shall not be deemed to be within a classification, whether or not named within the classification, if its characteristics are substantially incompatible with those typical of uses named within the classification.
30.295.020 Residential Use Classifications.
A. Residential Housing Types.
1. Single-Unit Residential. One primary residential unit and up to one accessory dwelling unit or one junior accessory dwelling unit located on a single lot. This classification includes individual mobilehomes and manufactured housing units installed on a foundation system pursuant to Section 18551 of the California Health and Safety Code and meeting the standards of Section 30.185.270, Mobilehomes, Recreational Vehicles and Modular Units, Individual Use. The definition of single-unit residential shall include an Employee Housing unit with six or fewer residents as allowed by State law.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
131
2. Two-Unit Residential. No more than two residential units and may include one or more accessory dwelling units located on a single lot. The residential units may be located in a single building that contains two residential units (also known as a duplex) or in two detached buildings.
3. Multi-Unit Residential. Three or more attached or detached residential units and may include one or more accessory dwelling units on a single lot. Types of multi-unit residential include townhouses, multiple detached residential units (e.g. bungalow court), and multi-story apartment buildings.
B. Special Residential Unit Types.
1. Accessory Dwelling Unit. An attached or a detached residential unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residential unit. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the primary residential unit is or will be situated. An accessory dwelling unit also includes the following:
a. An efficiency unit, as defined in Section 17958.1 of Health and Safety Code. b. A manufactured home, as defined in Section 18007 of the Health and Safety Code.
2. Additional Residential Unit. A detached residential unit that provides independent living facilities, located on a single lot with another single-unit residence, and meeting the standards of Section 30.185.050, Additional Residential Unit.
3. Caretaker Unit. A residential unit occupied by employees, owners, managers, or caretakers of a primary business use on the site and meeting the standards of Section 30.185.120, Caretaker Unit.
4. Employee Housing. As defined in § 17021.5 of the Health and Safety Code; includes agricultural employee (farmworker) housing as defined in Health and Safety Code § 17008.
45. Garden Apartment. A development consisting of multi-unit residential building(s), each containing between four and eight residential units, located on a single lot under one ownership and meeting the standards of Section 30.185.180, Garden Apartments.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
132
56. Planned Residential Development. A coordinated residential development meeting the standards of Section 30.185.330, Planned Residential Development.
67. Junior Accessory Dwelling Unit. A unit that is no more than 500 square feet in size and contained entirely within the structure of an existing or proposed single-unit residential housing type. A junior accessory dwelling unit includes its own separate sanitation facilities, or shares sanitation facilities with the existing or proposed single residential unit and includes an efficiency kitchen.
C. Community Care Facilities, Residential Care Facilities for the Elderly, and Hospices.
1. Community Care Facility. A State-licensed facility, place or building which is maintained and operated to provide non-medical residential care, day treatment, adult day care, or foster family agency services for children, adults, or children and adults, including, but not limited to, the physically handicapped, mentally impaired, incompetent persons, and abused or neglected children, as further defined in Chapter 3 of Division 2 of the California Health and Safety Code.
2. Hospice. A State-licensed facility which provides 24-hour nursing and supportive care and other services in a home-like setting to persons who have a medical diagnosis of terminal illness.
3. Residential Care Facility for the Elderly. A housing arrangement where residents are 60 years of age or older and where varying levels of care and supervision are provided as agreed to at time of admission or as determined necessary at subsequent times of reappraisal.
Persons under 60 years of age with compatible needs may be allowed to be admitted or retained in such a facility, not to exceed 25% of the residents, as further defined in Chapter 3.2 of Division 2 of the California Health and Safety Code.
D. Family Day Care Home. A State-licensed facility which regularly provides care, protection, and supervision of children under 18 years of age in the provider’s own home, for periods of less than 24 hours per day, while the parents or guardians are away, as further defined and permitted pursuant to the California Health and Safety Code and other applicable State Regulations. The term “Family Day Care Home” includes the terms “Large Family Day Care Home” and “Small Family Day Care Home” as such terms are defined in Sections 1597.465 and 1597.44 of the California Health and Safety Code.
1. Small. As defined in Section 1597.44 of the California Health and Safety Code.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
133
2. Large. As defined in Section 1597.465 of the California Health and Safety Code.
E. Group Residential. Shared living quarters without separate kitchen facilities for each room or unit, where five or more than six rooms or beds are rented individually to tenants under separate rental agreements, and a congregate dining facility is provided, or meal service is typically included in the price of lodging. This classification includes convents and monasteries, rooming and boarding houses, dormitories and other types of organizational housing intended for long-term occupancy (more than 30 consecutive calendar days) but excludes Hotels and Similar Uses, and certain Statelicensed facilities for Residential Care, and Supportive and Transitional Housing, and Employee Housing.
F. Home Occupation. A nonresidential use conducted on residential property by the inhabitants of the subject residence, which is incidental and secondary to the residential use of the residential unit.
G. Live-Work Unit. A combined work space and residential unit occupied and used by a single household in structure that has been constructed for such use or converted from commercial use and structurally modified to accommodate residential occupancy and work activity in compliance with the California Building Code. The working space is reserved for one or more occupants of the unit.
H. Mobilehome Park. An area of land where two or more mobilehome spaces are rented, or held out for rent, to accommodate mobilehomes for more than 30 consecutive calendar days.
I. Recreational Vehicle Parks, Permanent. An area of land where two or more recreational vehicle spaces are rented, or held out for rent, to accommodate recreational vehicles for residential purposes for more than 30 consecutive calendar days.
J. Supportive Housing. As defined in § 65582 of the Government Code.
K. Transitional Housing. As defined in § 65582 of the Government Code.
30.295.030 Public and Semi-Public Use Classifications.
A. Cemetery. Establishments primarily engaged in operating sites or structures reserved for the interment of human or animal remains, including mausoleums, burial places, and memorial gardens.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
134
B. College and Trade School. Public, nonprofit, or private institutions of higher education providing curricula of a general, religious or professional nature, typically granting recognized degrees, including conference centers and academic retreats associated with such institutions. This classification includes junior colleges, business and computer schools, management training, technical and trade schools, but excludes personal instructional services such as music lessons.
C. Community Assembly. A facility for public or private meetings including community centers, banquet centers, religious assembly facilities, civic and private auditoriums, union halls, meeting halls for clubs and other membership organizations. This classification includes functionally related facilities for the use of members and attendees such as kitchens, multi-purpose rooms, and storage. It does not include gymnasiums or other sports facilities, convention centers, or facilities, such as day care centers and schools, that are separately classified and regulated.
D. Community Garden. The outdoor use of land for the cultivation of agricultural products grown for personal use by the gardeners, or for donations, but not for sale. Use of land for and limited to the cultivation of herbs, fruits, flowers, or vegetables, including the cultivation and tillage of soil and the production, cultivation, growing, and harvesting of any agricultural, floricultural, or horticultural commodity, by several individuals or households but not including on-site sales.
E. Cultural Institution. Public or nonprofit institutions engaged primarily in the display or preservation of objects of interest in the arts or sciences that are open to the public on a regular basis. This classification includes performing arts centers for theater, music, dance, and events; buildings of an educational, charitable or philanthropic nature; libraries; museums; historical sites; aquariums; and zoos and botanical gardens.
F. Day Care Center. Establishments providing non-medical care for persons on a less than 24-hour basis other than Family Day Care. This classification includes nursery schools, preschools, and day care facilities for children or adults, and any other day care facility licensed by the State of California.
G. Emergency Shelter. A temporary, short-term residence providing housing with minimal supportive services for homeless families or individual persons where occupancy is limited to six months or less, as defined in Section 50801 of the California Health and Safety Code. Minimal supportive services shall mean administrative offices, intake and waiting areas, kitchen and dining facilities, and laundry facilities as long as the facilities are directly related to the operation of the emergency shelter or for the exclusive use of the residents of the emergency shelter, but may include other interim interventions, including, but not limited to, a navigation center, bridge housing, and respite or recuperative care. Homeless shelters providing more than minimal supportive services or AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
135
supportive services to persons other than the residents of the shelter are considered Social Service Facilities.
H. Harbor, Port, and Marina Facilities. Facilities that provides a range of services related to the use of boats and other watercraft and commercial and recreational fishing. Services may include, but are not limited to, boat moorings; sales, storage, construction, repair, and maintenance of boats, boat parts, and other marine-related items; marine fueling stations and washing facilities; seafood processing, boat and watercraft charter operations; offices; bait and tackle shops; and hardware sales.
I. Hospitals and Clinics. State-licensed facilities providing medical, surgical, psychiatric, or emergency medical services to sick or injured persons. This classification includes facilities for inpatient or outpatient treatment, including substance-abuse programs as well as training, research, and administrative services for patients and employees. This classification excludes veterinaries and animal hospitals (see Animal Care, Sales, and Services).
1. Hospital. A facility providing medical, psychiatric, or surgical services for sick or injured persons primarily on an in-patient basis, and including ancillary facilities for outpatient and emergency treatment, diagnostic services, training, research, administration, and services to patients, employees, or visitors.
2. Clinic. A facility providing medical, psychiatric, or surgical service for sick or injured persons exclusively on an out-patient basis including emergency treatment, diagnostic services, administration, and related services to patients who are not lodged overnight.
Services may be available without a prior appointment. This classification includes licensed facilities offering substance abuse treatment, blood banks and plasma centers, and emergency medical services offered exclusively on an out-patient basis. This classification does not include private medical and dental offices that typically require appointments and are usually smaller scale.
3. Birth Center. Facilities to assist in human births, but is not licensed as a hospital.
J. Instructional Services. Establishments that offer specialized programs in personal growth and development such as arts, music, martial arts, vocal, fitness and dancing, cooking, language, or media arts instruction.
K. Park and Recreation Facility. Parks, playgrounds, recreation facilities, trails, wildlife preserves, and related open spaces.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
136
L. Public Facility. Facilities owned or operated by a governmental agency providing services such as clerical or public contact offices, police and fire protection including any indoor shooting range operated by and for a law enforcement agency, and emergency medical services. This classification excludes corporation yards, equipment service centers, and similar facilities that primarily provide maintenance and repair services and storage facilities for vehicles and equipment (see Public Works and Utilities).
M. Recreational Vehicle and Camping Parks, Overnight. Any area of land where two or more recreational vehicles or camping spaces are rented, or held out for rent, for overnight stay in tents, tarpaulins, or other camping facilities or in recreational vehicles for 30 consecutive calendar days or less.
N. Schools. Facilities for primary or secondary education giving general academic instruction equivalent to the standards prescribed by the State Board of Education; or a nonprofit institution or center of advanced study and research in the field of learning equivalent to or higher than the level of standards prescribed by the State Board of Education; including public schools, charter schools, and private and parochial schools.
O. Skilled Nursing Facility. Establishments that provide 24-hour medical, convalescent or chronic care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves, and is licensed as a skilled nursing facility by the State of California, including, but not limited to, rest homes and convalescent hospitals, but not Residential Care, Hospitals, or Clinics.
P. Social Service Facilities. Any noncommercial facility, such as homeless shelters, domestic violence shelters and facilities providing social services such as job referral, housing placement and which may also provide meals, showers, clothing, groceries, or laundry facilities, typically for 30 consecutive calendar days or less. Specialized programs and services related to the needs of the residents may also be provided. If a Social Services Facility is operated as a “Low Barrier” facility (with or without temporary living facilities), and all the other requirements of Government Code § 65660 et seq. are met, it shall be permitted consistent with Government Code § 65660 et seq.
30.295.040 Commercial Use Classifications.
A. Adult Entertainment Facilities. As defined in Section 30.185.060, Adult Entertainment Facilities.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
137
B. Agriculture. Agriculture is incidental and secondary to the primary use of a property. The outdoor use of land for the cultivation and wholesale of agricultural products produced on the premises. Agriculture includes tilling of the soil, the raising of crops, horticulture and the harvesting, sorting, cleaning, packing and shipping of agricultural products produced on the premises preparatory to sale or shipment in their natural form including all activities or uses customarily incidental thereto, but not including retail sales, the commercial packing or processing of products not grown on the premises or any other use which is similarly objectionable because of odor, smoke, dust, fumes, vibration or danger to life or property. This classification does not include the following uses: slaughterhouse, fertilizer works, commercial dairying, pasturage agriculture, commercial animal and poultry husbandry, or operations for the reduction of animal matter. This classification also does not include the outdoor cultivation of cannabis, except as allowed pursuant to Section 30.185.110, Cannabis Cultivation for Personal Use.
C. Animal Care, Sales and Services. Retail sales and services related to the boarding, grooming, and care of household pets including:
1. Animal Daycare. Facilities providing non-medical care on a less than 24-hour basis for four or more dogs, cats, or other household pets not owned by the business owner or operator.
2. Animal Shelter and Boarding. A commercial, non-profit, or governmental facility for keeping, boarding, training, breeding or maintaining, generally overnight or in excess of 24 hours, four or more dogs, cats, or other household pets not owned by the business owner or operator. Typical accessory uses include veterinary and grooming services for boarded animals, but exclude pet stores, grooming, and veterinary services for non-boarded animals.
3. Grooming and Pet Stores. Retail sales and the accommodation of household pets on-site intended for retail sales, but not including boarding or breeding. Grooming or selling of dogs, cats, and similar small animals. Typical uses include dog bathing and clipping salons, pet grooming shops, and pet stores and shops. This classification excludes dog walking and similar pet care services not carried out at a fixed location, and excludes pet supply stores that do not sell animals or provide on-site animal services.
4. Veterinary Services. Veterinary services for small animals. This classification allows 24-hour accommodation of animals receiving medical services but does not include boarding or breeding.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
138
D. Aquaculture Facilities. Facilities for the cultivation of marine or freshwater fish, shellfish, or plants under controlled conditions. Aquaculture includes aquaponics which integrates aquaculture with hydroponics by recycling the waste products from fish to fertilize hydroponically growing plants.
E. Artist Studio. Work space for an artist or artisan including individuals practicing one of the fine arts or performing arts, or skilled in an applied art or craft. This use may include incidental retail sales of items produced on the premises and does not include joint living and working units or uses that are generally industrial in nature (See Custom Manufacturing).
F. Automated Teller Machine (ATM). An electronic device from which a person is able to withdraw cash, make a deposit, or undertake other financial transactions.
G. Automobile/Vehicle Sales and Services. Retail or wholesale businesses that sell, rent, or repair automobiles, boats, personal watercraft, recreational vehicles, trucks, vans, trailers, scooters, and motorcycles including the following:
1. Automobile/Vehicle Rentals. Rental of automobiles or vehicles. Typical uses include car rental agencies.
2. Automobile/Vehicle Sales and Leasing. Sale or lease, retail or wholesale, of automobiles, light-duty trucks, boats, personal watercraft, motorcycles, scooters, recreational vehicles, together with associated repair services and parts sales, but excluding body repair and painting. Typical uses include automobile dealers and recreational vehicle sales agencies.
This classification does not include automobile brokerage and other establishments which solely provide services of arranging, negotiating, assisting, or effectuating the purchase of an automobile for others.
3. Car Washing Facilities. Washing, waxing, or cleaning of automobiles or similar light vehicles.
a. Automatic Car Wash. An establishment where washing, drying, and polishing of an automobile occurs in a car wash bay, in which the owner of the vehicle activates the system, and the automobile washing machine cleans the exterior of the vehicle.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
139
b. Full Service Car Wash. An establishment where operating functions are performed entirely by the business operator with the use of washing, waxing, and drying equipment supplemented with manual detailing by the business operator. c. Self Service Car Wash. An establishment where washing, drying, polishing, or vacuuming of an automobile is done entirely by the owner or occupant of the vehicle.
4. Fueling Station. Establishments primarily engaged in retailing automotive fuels or retailing these fuels in combination with activities, such as providing minor automobile/vehicle repair services; selling automotive oils, replacement parts, and accessories; or providing incidental food and retail services including mini-markets.
5. Service and Repair, Minor. The service and repair of automobiles, light-duty trucks, boats, personal watercraft, motorcycles and scooters, including the incidental sale, installation, and servicing of related equipment and parts. This classification includes the replacement of small automotive parts and liquids as an accessory use to a gasoline sales station or automotive accessories and supply store, and quick-service oil, tune-up and brake and muffler shops where repairs are made or service provided in enclosed bays and no vehicles are stored overnight. This classification excludes disassembly, removal or replacement of major components such as engines, drive trains, transmissions or axles; automotive body and fender work, vehicle painting or other operations that generate excessive noise, objectionable odors or hazardous materials, and towing services. It also excludes repair of heavy trucks, or construction vehicles.
H. Banks and Financial Institutions. Financial institutions providing retail banking services.
This classification includes only those institutions serving retail banking customers or clients, including banks, savings and loan institutions, check-cashing services, and credit unions.
I. Business Services. Establishments providing goods and services to other businesses on a fee or contract basis, including printing and copying, blueprint services, advertising and mailing, equipment rental and leasing, office security, custodial services, photo finishing, model building, taxi or delivery services with three or fewer fleet vehicles on-site.
J. Cannabis Storefront-Retailer. A commercial cannabis business facility where cannabis, cannabis products, or devices for the use of cannabis or cannabis products are offered, either individually or in any combination, for retail sale to customers at a fixed location, including an establishment that also offers delivery of cannabis and cannabis products as part of a retail sale, and AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
140
where the operator holds a valid commercial cannabis business permit from the City of Santa Barbara authorizing the operation of a retailer, and a valid state license as required by state law to operate a retailer.
K. Commercial Entertainment and Recreation. Provision of participant or spectator entertainment to the general public.
1. Cinema/Theaters. Facilities for indoor display of films, motion pictures, or dramatic, musical, or live performances. This classification may include incidental food and beverage services to patrons.
2. Large-scale. This classification includes large, generally outdoor facilities such as sports stadiums and arenas, amphitheaters, drive-in theaters, driving ranges, golf courses, outdoor tennis clubs, lawn bowling, batting cages, ice or roller skating rinks, swimming or wave pools, miniature golf courses, archery, and riding stables. This classification may include restaurants, snack bars, and other incidental food and beverage services to patrons.
This classification does not include outdoor shooting ranges, gun ranges, and any similar activities involving the discharge of firearms.
3. Small-scale. This classification includes small, generally indoor facilities such as billiard parlors, card rooms, health clubs (includes facilities that offer group exercise classes such as yoga and aerobics, and personal training facilities), gymnasiums, dance halls, amusement arcades, facilities for basketball, handball, racquetball, and tennis. This classification may include restaurants, snack bars, and other incidental food and beverage services to patrons. This classification does not include shooting ranges, gun ranges, and any similar activities involving the discharge of firearms.
L. Drive-Through Facility. A motor vehicle drive-through facility which is a commercial structure or portion thereof which is designed or used to provide goods or services to the occupants of motor vehicles. It includes, but is not limited to, banks and other financial institutions, fast food establishments, and film deposit/pick-up establishments, but shall not include drive-in movies, gasoline stations, or car-wash operations.
M. Eating and Drinking Establishments. Businesses primarily engaged in serving prepared food or beverages typically for on-site consumption.
1. Bars/Night Clubs/Lounges. Businesses serving beverages, including beer, wine, and mixed drinks, for consumption on the premises as a primary use.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
141
2. Food and Beverage Tasting. Businesses serving samples of food or beverages; typically an ancillary use associated with a production facility such as wine or beer making, or retail sales.
3. Full Service. Restaurants providing food and beverage services to patrons who order and are served while seated and pay after eating. Takeout service may be provided.
4. Convenience. Establishments where food and beverages may be consumed on the premises, taken out, or delivered, but where food is paid for at the time it is ordered. This classification includes cafes, cafeterias, coffee shops, fast-food restaurants, carryout sandwich shops, limited service pizza parlors and delivery shops, self-service restaurants, snack bars and takeout restaurants.
N. Food Preparation. Businesses engaged in preparing or packaging fresh food for either onsite or off-site consumption. With the exception of caterers or commercial kitchens, these businesses will have a storefront retail component, but will not include wholesale, distribution, processing, or industrial manufacturing of food products. Typical uses include catering kitchens, food commissary, commercial kitchen, retail bakeries with less than 10 employees, delicatessens, meat or seafood market, or confectionary shops. (For bakeries with more than 10 employees, see Food and Beverage Manufacturing.)
O. Funeral Parlors and Interment Services. An establishment primarily engaged in providing services involving the care, preparation, or disposition of human or animal remains and conducting memorial services. Typical uses include a crematory, columbarium, mausoleum, or mortuary.
P. Hotels and Similar Uses. Establishments providing overnight accommodations to transient patrons for payment. This classification includes establishments that offer accommodations for periods of 30 consecutive calendar days or less. Establishments may provide additional services, such as conference and meeting rooms, restaurants, bars, or recreation facilities available to guests or to the general public. This use classification includes, but is not limited to, auto courts, bed and breakfast inns, hostels, inns, motels, motor lodges, timeshare projects, short-term rental or similar use of single or multi-unit residential dwellings, and tourist courts.
Q. Maintenance and Repair Services. Establishments engaged in the maintenance or repair of electronics, office machines, household appliances and equipment, furniture, and similar items.
This classification excludes maintenance and repair of vehicles or boats (see Automotive/Vehicle Sales and Services) and personal apparel (see Personal Services).
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
142
R. Market Garden. The outdoor use of land for the cultivation and retail sale of agricultural products produced on the premises. This includes the sale of food or value-added food products, such as jams and jellies, that are grown on-site, but does not include the preparation of food and beverages for on-site consumption. The food may be sold directly to consumers, restaurants, stores, or other buyers, or at Farmers Markets.
S. Medical Cannabis Dispensaries. As defined in Section 30.185.250, Medical Cannabis Dispensaries.
T. Mobile Food Vendors. A self-contained vehicle that is readily movable without disassembling, and is used to sell or prepare and serve food and beverages.
U. Nurseries and Garden Centers. Establishments primarily engaged in retailing nursery and garden products, such as trees, shrubs, plants, seeds, bulbs, and sod, which are predominantly grown elsewhere. These establishments may sell a limited amount of a product they grow themselves.
Fertilizer and soil products are stored and sold in package form only. This classification includes wholesale and retail nurseries offering plants for sale.
V. Offices. Offices of firms or organizations providing professional, executive, management, administrative or design services, such as accounting, architectural, computer software design, engineering, graphic design, interior design, investment, insurance, and legal offices, excluding banks and savings and loan associations (see Banks and Financial Institutions). This classification also includes offices where medical and dental services are provided by physicians, dentists, chiropractors, acupuncturists, optometrists, and similar medical professionals, including medical/dental laboratories within medical office buildings but excluding clinics or independent research laboratory facilities and hospitals (see Hospitals and Clinics).
1. Business and Professional. Offices of firms or organizations providing professional, executive, management, or administrative services, such as accounting, architectural, computer software design, engineering, graphic design, interior design, legal offices and tax preparations offices.
2. Medical and Dental. Office use providing consultation, diagnosis, therapeutic, preventive, or corrective personal treatment services by doctors, dentists, medical and dental laboratories, and similar practitioners of medical and healing arts for humans licensed for such practice by the sState of California. Incidental medical or dental research within the office is considered part of the office use, where it supports the on-site patient services.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
143
W. Outdoor Sales and Display. The sales and display of merchandise outside an enclosed building as an extension of an indoor operation or establishment.
X. Outdoor Seating. An unenclosed seating area located outdoors and designated for patrons of an on-site establishment that serves or sells food or beverages. May be covered or uncovered.
Y. Parking, Public or Private. Surface lots and structures for use of occupants, employees, or patrons on the subject site or offering parking to the public with or without a fee when such use is not incidental to another on-site activity.
Z. Personal Services. Provision of recurrently needed services of a personal nature. This classification includes health and medical spas, barber shops and beauty salons, seamstresses, tailors, tattoo parlors, dry cleaning agents (excluding large-scale bulk cleaning plants), shoe repair shops, self-service laundries, photocopying and photo finishing services, and travel agencies mainly intended for the consumer. This classification also includes massage establishments in which all persons engaged in the practice of massage are certified pursuant to the California Business and Professions Code Section 4612. (For health clubs and gymnasiums, See Commercial Entertainment and Recreation, Small-Scale.)
AA. Retail Sales.
1. Food and Beverage Sales. Retail sales of food and beverages for off-site preparation and consumption. Typical uses include food markets, groceries, and liquor stores.
2. General Retail. The retail sale or rental of merchandise not specifically listed under another use classification. This classification includes retail establishments such as department stores, clothing stores, furniture stores, pet supply stores, hardware stores, and businesses retailing the following types of goods: toys, hobby materials, handcrafted items, jewelry, cameras, photographic supplies and services (including portraiture and retail photo processing), medical supplies and equipment, pharmacies, electronic equipment, sporting goods, kitchen utensils, hardware, appliances, antiques, art galleries, art supplies and services, paint and wallpaper, carpeting and floor covering, office supplies, bicycles, video rental, and new automotive parts and accessories (excluding vehicle service and installation). Retail sales may be combined with other services such as office machine, computer, electronics, and similar small-item repairs.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
144
3. Neighborhood Market. Establishments primarily engaged in the provision of frequently or recurrently needed food, beverages, or small personal items for residents within a reasonable walking distance. Typical uses include neighborhood grocery stores, and convenience markets.
30.295.050 Industrial Use Classifications.
A. Automobile and Vehicle Repair, Major. Repair of automobiles, trucks, motorcycles, motor homes, boats and recreational vehicles, including the incidental sale, installation, and servicing of related equipment and parts, generally on an overnight basis. This classification includes auto repair shops, body and fender shops, transmission shops, wheel and brake shops, auto glass services, vehicle painting and tire sales and installation, but excludes vehicle dismantling or salvaging and tire retreading or recapping.
B. Building Materials and Services. Retail sales or rental of building supplies or equipment.
This classification includes lumber yards, tool and equipment sales or rental establishments, and establishments devoted principally to taxable retail sales to individuals for personal use. This classification does not include Construction and Material Yards.
C. Commercial Cannabis Business. Any business or operation which engages in medicinal or adult-use commercial cannabis activity (including, but not limited to, Commercial Cannabis storefront-retail, retailer-delivery, manufacturing, testing, distribution, and commercial indoor cultivation).
D. Commercial Vehicle and Equipment Sales and Rental. Sales, servicing, rental, fueling, and washing of large trucks, trailers, tractors, and other equipment used for construction, moving, agricultural, or landscape activities. Includes large vehicle operation training facilities. Sales of new or used automobiles or trucks are excluded from this classification.
E. Construction and Material Yards. Storage of construction materials or equipment on a site other than a construction site.
F. Custom Manufacturing. Establishments primarily engaged in on-site production of goods by hand manufacturing or artistic endeavor, which involves only the use of hand tools or small mechanical equipment and the incidental direct sale to consumers of only those goods produced on- AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
145
site. Typical uses include ceramic studios, candle making shops, woodworking, and custom leather working and jewelry manufacturers.
G. Food and Beverage Manufacturing. Establishments engaged in the production, processing, packaging or manufacturing of food or beverage products for offsite consumption.
1. Limited/Small Scale. A small-scale food and beverage products manufacturing and distribution establishment located in facilities less than 5,000 square feet per lot. The use may include wholesale or accessory retail sales. Retail areas or eating and drinking establishments associated with the manufacturing use, exceeding the area allowed as an accessory use, shall comply with all standards and limitations for retail uses or eating and drinking establishments. Examples include small coffee roasters, micro-breweries, micro-distilleries, wine manufacturing, wholesale or retail bakeries with 10 or more employees in the bakery. (For bakeries with less than 10 employees, see Food Preparation.)
2. General/Large Scale. A large-scale food and beverage products wholesale manufacturing and distribution establishment located in a facility over 5,000 square feet per lot.
H. Hazardous Waste Management Facility.
1. Off-Site. A facility that accepts hazardous wastes from more than one generator, and may also be referred to as a Commercial or Specified Hazardous Waste Facility. An Off-site Hazardous Waste Management Facility shall include the following:
a. Hazardous Waste Transfer Station. A facility where hazardous waste from more than one source is collected and consolidated for shipment to a treatment, recycling or disposal facility or facilities. Transfer stations which handle only latex paint, used oil, antifreeze, spent lead acid batteries or small household batteries in accordance with provisions of California Health and Safety Code Section 25201(c) and meet all conditions for exemption outlined in California Health and Safety Code Section 25201(c), and are known as a household hazardous waste collection facility, are specifically excluded from this definition.
b. Hazardous Waste Storage Facility. A hazardous waste facility at which hazardous waste is contained for a period greater than 96 hours at an off-site facility with specified exceptions provided in the California Health and Safety Code, Section AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
146
25123.3. On-site facilities which store hazardous wastes for periods of greater than 90 days shall be considered to be an Off-site Hazardous Waste Storage Facility. c. Hazardous Waste Treatment Facility. A facility where the toxicity, chemical form or volume of a hazardous waste is altered to render the waste less toxic, less chemically active, or of a reduced volume.
d. Hazardous Waste Recycling Facility. A facility engaged in the process of reclaiming, using or reusing hazardous wastes.
e. Hazardous Waste Residuals Repository. A disposal facility for the long-term storage of the byproducts of treated hazardous waste for which there is no further means of practical treatment to render them less toxic or less chemically reactive.
2. On-Site. A facility that stores, treats, recycles or disposes of hazardous waste generated only within the facility’s boundaries.
I. Household Hazardous Waste Collection Facility. A facility run by, or under contract to, a public agency which only accepts certain types of hazardous materials and then only for transport to an authorized recycling facility or to a permitted hazardous waste collection facility. The types of wastes that can be accepted are latex paint, used oil, antifreeze, spent lead-acid batteries and small household batteries in accordance with all provisions of California Health and Safety Code Section 25201(c). The materials cannot be stored for more than 180 days. Such facilities shall be accessible to individuals, households or small businesses.
J. Industry, General. Manufacturing of products from extracted or raw materials or recycled or secondary materials, or bulk storage and handling of such products and materials. This classification includes operations such as agriculture processing, biomass energy conversion; production apparel manufacturing; photographic processing plants; leather and allied product manufacturing; wood product manufacturing; paper manufacturing; chemical manufacturing; plastics and rubber products manufacturing; nonmetallic mineral product manufacturing; primary metal manufacturing; fabricated metal product manufacturing; and automotive and heavy equipment manufacturing. This classification does not include industrial activities where the operations are obnoxious or offensive such as: iron casting, leather tanning, paint boiling, manufacturing with use of a drop hammer or punch press, slaughter house, fertilizer works, commercial dairying, pasturage agriculture, commercial animal and poultry husbandry, or operations for the reduction of animal matter.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
147
K. Industry, Limited. Establishments engaged in light industrial activities taking place primarily within enclosed buildings and producing minimal impacts on nearby properties. This classification includes manufacturing finished parts or products primarily from previously prepared materials; commercial laundries and dry cleaning plants; mobile home manufacturing; monument works; printing, engraving and publishing; computer and electronic product manufacturing; furniture and related product manufacturing; and industrial services.
L. Recycling Collection Facility. A center for the acceptance, by donation, redemption, or purchase, of recyclable materials from the public where limited processing and storing of such items is conducted on-site.
M. Research and Development. A facility for scientific research and the design, development, and testing of electrical, electronic, magnetic, optical, pharmaceutical, chemical, and biotechnology components and products in advance of product manufacturing. Includes assembly of related products from parts produced off-site where the manufacturing activity is secondary to the research and development activities.
N. Salvage and Wrecking. Storage and dismantling of vehicles and equipment for sale of parts, as well as their collection, storage, exchange or sale of goods including, but not limited to, any used building materials, used containers or steel drums, used tires, and similar or related articles or property.
O. Towing and Impound. Establishments primarily engaged in towing motor vehicles, both local and long distance. These establishments may provide incidental services, such as vehicle storage and emergency road repair services. (For automobile/dismantling, see Salvage and Wrecking.)
P. Warehousing and Storage. Storage and distribution facilities without sales to the public on-site or direct public access except for public storage in small individual space exclusively and directly accessible to a specific tenant.
1. Indoor Warehousing and Storage. Storage within an enclosed building of commercial goods prior to their distribution to wholesale and retail outlets and the storage of industrial equipment, products and materials, including, but not limited to, automobiles, feed, and lumber. Also includes cold storage, freight moving and storage, and warehouses.
This classification excludes the storage of hazardous chemical, mineral, and explosive materials.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
148
2. Outdoor Storage. Storage of commercial goods in open lots.
3. Personal Storage. Facilities offering enclosed storage with individual access for personal effects and household goods including mini-warehouses and mini-storage. This use excludes workshops, hobby shops, manufacturing, or commercial activity.
Q. Wholesaling and Distribution. Indoor storage and sale of goods to other firms for resale; storage of goods for transfer to retail outlets of the same firm; or storage and sale of materials and supplies used in production or operation, including janitorial and restaurant supplies. Wholesalers are primarily engaged in business-to-business sales but may sell to individual consumers through mail or internet orders. They normally operate from a warehouse or office having little or no display of merchandise and are not designed to solicit walk-in traffic. This classification does not include wholesale sale of building materials (see Building Materials and Services).
30.295.060 Transportation, Communication, and Utilities Use Classifications.
A. Freight/Truck Terminals and Warehouses. Facilities for freight, courier, and postal services by truck or rail. This classification does not include local messenger and local delivery services (see Light Fleet-Based Services).
B. Light Fleet-Based Services. Passenger transportation services, local delivery services, medical transport, and other businesses that rely on fleets of four or more vehicles with rated capacities less than 10,000 lbs. This classification includes parking, dispatching, and offices for taxicab and limousine operations, ambulance services, non-emergency medical transport, local messenger and document delivery services, home cleaning services, and similar businesses. This classification does not include towing operations (see Automobile/Vehicle Sales and Service, Towing and Impound) or taxi or delivery services with three or fewer fleet vehicles on-site (see Business Services).
C. Telecommunication Facilities and Antennas. Broadcasting and other communication services accomplished through electronic or telephonic mechanisms, as well as structures and equipment cabinets designed to support one or more reception/transmission systems. Typical uses include antennas, wireless telecommunication towers and facilities, radio towers, television towers, telephone exchange/microwave relay towers, cellular telephone transmission/personal communications systems towers, and associated equipment cabinets and enclosures.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
149
D. Transportation Passenger Terminals. Facilities for passenger transportation operations.
This classification includes rail stations, bus terminals, and scenic and sightseeing facilities, but does not include terminals serving airports or heliports.
E. Public Works and Utilities. Generating plants, electric substations, solid waste collection, including transfer stations and materials recovery facilities, solid waste treatment and disposal, water or wastewater treatment plants, corporation yards, equipment service centers, and similar facilities that primarily provide maintenance and repair services, storage facilities for vehicles and equipment, and similar facilities of public agencies or public utilities. This classification includes onsite or offsite ancillary offices associated with a principal use located in the same zone district.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
150
SECTION 9. Chapter 30.300 of Title 30 of the Santa Barbara Municipal Code is amended to read as follows:
Chapter 30.300 Definitions
Sections:
30.300.010 “A”
30.300.020 “B”
30.300.030 “C”
30.300.040 “D”
30.300.050 “E”
30.300.060 “F”
30.300.070 “G”
30.300.080 “H”
30.300.090 “I”
30.300.100 “J”
30.300.110 “K”
30.300.120 “L”
30.300.130 “M”
30.300.140 “N”
30.300.150 “O”
30.300.160 “P”
30.300.170 “Q”
30.300.180 “R”
30.300.190 “S”
30.300.200 “T”
30.300.210 “U”
30.300.220 “V”
30.300.230 “W”
30.300.240 “X”
30.300.250 “Y”
30.300.260 “Z”
30.300.010 “A”.
Abutting. Having a common boundary, except that parcels having no common boundary other than a common corner shall not be considered abutting.
FIGURE 30.300.010: ABUTTING
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
151
Access. See Driveway and Pathway.
Accessory Building. See Building, Accessory.
Accessory Structure. See Structure, Accessory.
Accessory Use. See Use, Accessory.
Addition. New construction that increases the net floor area of a structure.
Adjacent. See Abutting.
Adjoining. See Abutting.
Adversely Affect. To impact in a substantial, negative manner the livability of a property.
Agent. Any person, firm, partnership, association, joint venture, corporation, or any other entity or combination of entities who represent or act for or on behalf of an applicant.
Agreement of Sale. Any agreement or written instrument which provides that title to any property shall thereafter be transferred for consideration from one owner to another owner.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
152
Alley. A public or private way that is primarily used for vehicular access to the back or side of properties. Alleys typically do not meet standard requirements for City streets, which include curbs, gutters, sidewalks, or similar improvements. Typically, alleys are separated from adjacent parcels by a lot line. An alley may have an official name and may be shown on the official street map of the City of Santa Barbara.
Allowed Use. See Permitted Use.
Alteration or Remodel. Except with regard to a historic resource where “alteration” is defined in Chapter 22.22, Historic Structures of the Santa Barbara Municipal Code, An alteration may include both interior and exterior changes and rearrangement of the physical parts of a building, structure or site development that does not result in an increase of floor area. Also called a remodel or renovation.
Ancillary Structure. See Structure, Accessory.
Antenna. The same as defined by the FCC in 47 C.F.R. Section 1.6002(b), as may be amended or superseded, which defines that term as an apparatus designed for the purpose of emitting radiofrequency (RF) radiation, to be operated or operating from a fixed location pursuant to FCC authorization, for the provision of personal wireless service and any commingled information services.
Antenna, Amateur or Citizens’ Band. The same as defined by the FCC in 47 C.F.R.
Section 97.3, as may be amended or superseded, which defines the term as a station in an amateur radio service consisting of apparatus necessary for carrying on radio communication service. This term includes amateur radio antennas and related facilities used for amateur radio services.
Antenna, Base Station. The same as defined by the FCC in 47 C.F.R.
Section 1.40001(b)(1), as may be amended, which defines that term as a structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined in 47 C.F.R. Section 1.40001(b)(9) or any equipment associated with a tower.
Antenna, Collocation Facility. The same as defined by the FCC in 47 C.F.R.
Section 1.6002(g), as may be amended or superseded, which defines that term as mounting or installing an antenna facility on a pre-existing structure or modifying a structure for the AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
153
purpose of mounting or installing an antenna facility on that structure. It does not include the initial installation of a telecommunications facility where previously there was none, nor the construction of an additional tower on a site with an existing tower.
Antenna, Eligible Facilities Request. The same as defined in 47 U.S.C. Section 1455(a)(2), as may be amended or superseded, and as interpreted by the FCC in 47 C.F.R.
Section 1.6100(b)(3), as may be amended or superseded, which defines that term as a request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station.
Antennas, Emergency Service. Any antenna, and associated equipment and structures, used principally for communications related to government provided emergency services, including, but not limited to, police, fire, and paramedic services.
Antenna, Height. The vertical distance from any point at the top of an antenna or ancillary wireless telecommunications structure to the finished or natural grade, whichever is more restrictive or lower, measured directly adjacent to the existing building or new structure.
Antenna, OTARD. Any “over-the-air reception device” subject to 47 C.F.R.
Section 1.4000 et seq., as may be amended or superseded, which generally includes satellite television dishes and certain fixed wireless antennas not greater than one meter in diameter.
Antenna, Small Cell. Includes a micro wireless facility. Means the same as defined by California Government Code Section 65964.2, as may be amended, which defines that term as a wireless facility that uses licensed or unlicensed spectrum and that includes, but is not limited to, the following qualifications:
1. The small cell antennas on the structure, excluding the associated equipment, total no more than six cubic feet in volume, whether an array or separate.
2. Any individual piece of associated equipment on pole structures does not exceed nine cubic feet.
3. The cumulative total of associated equipment on pole structures does not exceed 21 cubic feet.
4. The cumulative total of any ground-mounted equipment along with the associated equipment on any pole or non-pole structure does not exceed 35 cubic feet.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
154
Antenna, Stealth. A telecommunication facility that is designed to blend into the surrounding environment. Examples of stealth facilities may include architecturally screened roof-mounted antennas, building-mounted antennas painted to match the existing structure, antennas integrated into architectural elements, and antenna structures designed to look like another object, such as a light pole, clock towers, bell steeples, or a tree.
Antenna Support. Any device for supporting an antenna which is other than a tower, such as a mast, pole, or tripod.
Antenna Tower. The same as defined by the FCC in 47 C.F.R. Section 1.40001(b)(9), and includes any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services, including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site.
Applicant. Any person, firm, partnership, association, joint venture, corporation, or any other entity or combination of entities, or state or local government agency applying for a permit or approval.
Application. A formal request to a local authority for permission, whether allowed as a matter of right or required by any permit or approval, to erect, construct, reconstruct, alter, repair or move any buildings or structure, use vacant land, or add a new use or change in use. A complete application means that the applicant has submitted all the required information in accordance with the Permit Streamlining Act, California Government Code § 65943.
Arbor. An unenclosed structure typically constructed of latticework or metal that often provides partial shade or support for climbing plants, sometimes referred to as a trellis or pergola. An arbor is not considered an accessory building. Also called a trellis or pergola.
Arts. Arts are a diverse range of human activities in creating visual, auditory, or performance works, expressing the author’s imaginative or technical skill, intended to be appreciated for their beauty or emotional power.
As-Built Permit. A permit requested during or after the course of construction, identifying all onsite improvements as they have been constructed.
Association, Homeowner’s. The organization of persons who own a lot, parcel, area, condominium or right of exclusive occupancy in a project.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
155
Attached. A structure which is structurally a part of or has a common wall or continuous roof with another structure, except where such connection is a breezeway or walkway incidental to and not a necessary part of the construction of the main building. See Section 30.140.030, Building Attachment.
Attic. The area located between the ceiling of the top story of a building and the building's roof. See also, Subsection 30.15.090.G, Determining the Number of Stories in a Building and Story, Half.
Average Slope. The result of dividing the length of a slope by the difference in elevation at the top and bottom of the slope. See Section 30.15.030, Determining Slope.
Awning. An architectural projection that provides weather protection, identity, or decoration. An awning is typically constructed of canvas, metal, wood, or roofing materials on a supporting framework that projects from and is wholly supported by the exterior wall of the structure to which it is attached. See also, Canopy.
30.300.020 “B”.
Balcony. An unenclosed, unroofed cantilevered platform that projects from the wall of a building, is accessible from the building’s interior, is not accessible from the ground, and is not enclosed by walls on more than two sides. If any portion of a balcony is supported from the ground below with walls, posts, columns, or the floor below, it is considered a deck.
Base Density. See Section 30.15.025, Calculating Density.
Base Zone. One of several zones mapped on the Title 30 Zone Map. See also, Zoning District.
Basement. Any floor of a building that is partially below and partially above grade. See also, Subsection 30.15.090.E.G, Determining the Number of Stories in a Building.
Bathroom.
Full Bathroom. A room that contains all the following features: toilet, sink, and bathtub, shower, or bathtub/shower combination.
Partial Bathroom. A room with only a toilet and sink. Also called a half-bathroom.
Bay Window. A protruding window projection, cantilevered from the wall of a building, accessible from the building’s interior and completely enclosed.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
156
Bedroom. Any livable room other than a bathroom, a kitchen or a living room (except in studios, where a living room is considered a livable room). Within a residential unit, a loft or other intermediate floor open to the floor below, with five feet or more in height from the finished floor to the finished ceiling and exceeding dimensions of seven feet by 10 feet, is considered a bedroom if it is allowed by the Building Code as a sleeping room.
Bicycle Parking Space. The volume of space that is used to accommodate the storage of one locked bicycle.
Bicycle Parking, Long Term. Long-term bicycle parking is intended for use by residents, employees or students over several hours or overnight. Long-term bicycle parking should be provided either with bicycle racks within covered and secured areas with controlled access, or with secure, covered enclosures for individual bicycles, such as bicycle lockers. Long-term bicycle parking better protects bicycles from vandalism and theft attempts.
Bicycle Parking, Short-term. Short-term bicycle parking is intended for use by business patrons, visitors, and guests for a few minutes up to a couple of hours. Short-term bicycle parking should be conveniently located, highly visible, easily accessed, and may be covered or uncovered.
Block. Property bounded on all sides by streets rights-of-way.
Block Face. All properties between two intersections that front upon or abuts a street. The aggregate of all the building facades on one side of a block. The block face provides the context for establishing architectural harmony.
Building. Any enclosed structure having a roof supported by walls for the shelter, housing or enclosure of persons, animals, or property of any kind. A structure consisting of one or more foundations, floors, walls, and roofs that surround an interior space, and may include exterior appurtenant structures including, but not limited to, porches and decks. A pre-manufactured or constructed shed, storage container, or similar structure is considered a building.
Building, Accessory. A subordinate building, or portion of the main building, physically detached from, and the use of which is incidental to that of the main building on the same lot. Building, or portions of buildings, used for covered parking are accessory buildings. See also, Section 30.140.020, Accessory Buildings.
Building, Main. The building in which the principal use of the lot is conducted.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
157
Building Code. Any ordinance of the City governing the type and method of construction of buildings, signs, and sign structures and any amendments thereto and any substitute therefore including, but not limited to, the California Building Code, other sState-adopted uniform codes.
Building Entrance. See Entry.
Building Face. See Façade.
Building Footprint. See Footprint.
Building Frontage. See Front Elevation.
Building Height. See Height.
Building Site. A lot or lots occupied or to be occupied, by main buildings and accessory buildings together with such parking and open spaces as are required by the terms of this title. See also, Site.
By-Right. As defined in Government Code §65583.2.
30.300.030 “C”.
Canopy. A roofed shelter, usually composed of fabric, projecting over a sidewalk, driveway, entry, window, or similar area that may be wholly supported by a structure or may be wholly or partially supported by columns, poles, or braces extending from the ground. See also, Awning.
Carport. A structure, or portion of a structure, accessible to vehicles, with a solid weatherproof roof that is permanently open on at least two sides, used as parking or storage of one or more motor vehicles. See also, Subsection 30.175.030.N, Covered Parking. See Parking, Covered.
Carsharing Organization. Organization that administers a carsharing service.
Carsharing Parking Space. A parking space required to be dedicated for current or future use by a carshare service.
Carsharing Program. A carsharing service operated by a carsharing organization.
Carsharing Service. A membership based short-term car rental service available to all qualified drivers who choose to become members where members are offered access to a dispersed network of shared vehicles 24 hours a day, seven days a week at unattended self-service locations.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
158
Carshare Vehicle. A vehicle that is owned, maintained, and administered by a carsharing organization and made available to members of a carsharing service 24 hours a day, seven days a week at unattended self service locations.
Ceiling Height. The vertical height measured from finished floor to finished ceiling.
Cellar. See Basement.
Change in Use. A change from one Use Classification to another, as described in this title. A change from one Residential Housing Type to another Residential Housing Type is not considered a Change in Use.
City. City of Santa Barbara.
Coastal Zone Related Definitions. The following terms are related to the rules and regulations applicable only within the Coastal Zone.
Access.
Lateral. An area of land providing public access along the water’s edge.
Vertical. An area of land providing a connection between the first public road or use area nearest the sea and the publicly-owned tidelands or established lateral access way.
Aggrieved Person. Any person who, in person or through a representative, appeared at a public hearing of the City in connection with the decision or action appealed, or who, by other appropriate means prior to the hearing, informed the City of the nature of their concerns or who for good cause was unable to do either.
Coastal Commission. California Coastal Commission.
Coastal Development Permit. A permit for any development within the Coastal Zone that is required pursuant to subdivision (a) of Section 30600 of the California Public Resources Code and issued by the City in accordance with this title.
Coastal-Dependent Development or Use. Any development or use which requires a site on, or adjacent to, the sea to be able to function at all.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
159
Coastal-Related Development or Use. Any development or use which is dependent on a coastal-dependent development or use.
Coastal Zone. That land and water area of the City of Santa Barbara extending seaward to the State’s outer limit of jurisdiction and extending inland to the boundary shown on the official Zoning Maps for the CZ Coastal Overlay Zone, as amended from time to time and adopted by the Coastal Commission.
Development. On land, in or under water, the placement or erection of any solid material or structure; discharge or disposal of any dredged material or of any gaseous, liquid, solid, or thermal waste; grading, removing, dredging, mining, or extraction of any materials; change in the density or intensity of use of land, including, but not limited to, subdivision pursuant to the Subdivision Map Act (commencing with Section 66410 of the Government Code), and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition or alteration of the size of any structure, including any facility of any private, public or municipal utility; and the removal or harvesting of major vegetation other than for agricultural purposes, kelp harvesting and timber operations which are in accordance with a timber harvesting plan submitted pursuant to the provisions of the Z’berg-Nejedly Forest Practice Act of 1973 (commencing with § 4511).
Energy Facility. Any public or private processing, producing, generating, storing, transmitting or recovering facility for electricity, natural gas, petroleum, coal or other source of energy.
Environmentally Sensitive Habitat Area. Any area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and developments.
Fill. Earth or any other substance or material, including pilings placed for the purposes of erecting structures thereon, placed in a submerged area.
Land Use Plan. Maps and a text which indicate the kinds, location and intensity of land uses allowed in the Coastal Zone and includes resources protection and development policies related to those uses.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
160
Local Coastal Program. The City’s land use plan, zoning ordinances, zoning maps and other implementing actions certified by the Coastal Commission as meeting the requirements of the California Coastal Act of 1976.
Major Public Works Project or Major Energy Facility. “Major public works” and “Major energy facilities” mean facilities that cost more than $100,000.00 with an automatic annual increase every year following the baseline of $100,000.00 set in 1983 in accordance with the Engineering News Record Construction Cost Index, except for those facilities governed by the provisions of Public Resources Code § 30610, 30610.5, 30611 or 30624. Major public works also means publicly-financed recreational facilities that serve, affect, or otherwise impact regional or statewide use of the coast by increasing or decreasing public recreational opportunities or facilities.
Natural Disaster. Any situation in which the force or forces which destroyed the structure to be replaced were beyond the control of the owner.
Other Permits and Approvals. Permits and approvals, other than a coastal development permit, required to be issued by the approving authority before a development may proceed.
Public Works Project. Any of the following development shall constitute a public works project:
• All production, storage, transmission and recovery facilities for water, sewage, telephone and other similar utilities owned or operated by any public agency or by any utility subject to the jurisdiction of the Public Utilities Commission, except for energy facilities. • All public transportation facilities, including streets, roads, highways, public parking lots and structures, ports, harbors, airports, railroads, and mass transit facilities and stations, bridges, trolley wires, and other related facilities.
• All publicly-financed recreational facilities, all projects of the State Coastal Conservancy and any development by a special district.
• All community college facilities.
Sea. The Pacific Ocean and all harbors, bays, channels, estuaries, salt marshes, sloughs and other areas subject to tidal action through any connection with the Pacific Ocean, excluding non-estuarine rivers, streams, tributaries, creeks and flood control and drainage channels.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
161
Structure. Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground. “Structure” includes, but is not limited to, any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line.
Visitor-Serving Development or Use. Stores, shops, businesses, temporary lodging and recreational facilities (both public and private) which provide accommodations, food and services for the traveling public, including, but not limited to, hotels, motels, campgrounds, parks, nature preserves, restaurants, specialty shops, art galleries and commercial recreational development such as shopping, eating and amusement areas.
Wetland. Lands within the Coastal Zone which may be covered periodically or permanently with shallow water and include saltwater marshes, freshwater marshes, open or closed brackish water marshes, swamps, mudflats and fens. As detailed in § 13577(b)(1) of the California Code of Regulations, wetlands shall be defined as land where the water table is at, near, or above the land surface long enough to promote the formation of hydric soils or to support the growth of hydrophytes, and shall also include those types of wetlands where vegetation is lacking and soil is poorly developed or absent as a result of frequent and drastic fluctuations of surface water levels, wave action, water flow, turbidity or high concentrations of salts or other substances in the substrate. Such wetlands can be recognized by the presence of surface water or saturated substrate at some time during each year and their location within, or adjacent to vegetated wetlands or deep-water habitats.
Working Day. Any day on which all City offices are open for business.
End Coastal Related Definitions.
Commercial. Managed on a business basis for profit derived from the promise or delivery of compensation, money, rent, or other bargained-for consideration in exchange for goods; services; rights or interests in property; or any other valuable consideration.
Common Area. The entire common interest development except the separate interests therein.
Community Apartment. As defined in § 4105 of the Civil Code.
Community Development Director. Community Development Director of the City of Santa Barbara, or designee.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
162
Community Noise Equivalent Level (CNEL). The average equivalent A-weighted sound level during a 24-hour day, obtained after addition of five decibels to sound levels in the evening from 7 p.m. to 10 p.m. and after addition of 10 decibels to sound levels in the night from 10 p.m. to 7 a.m.
Compaction. The act of increasing the density of fill by mechanical means.
Compatible. That structure or use which is harmonious with and will not adversely affect surrounding structures or uses, as determined by the Community Development Director.
Conditioned Space. An indoor area, room, or space normally occupied and being heated or cooled by any equipment for human habitation.
Condominium. As defined in § 783 and 1350 of the Civil Code.
Condominium, Community Apartment. The development of land and attached structures as a condominium or community apartment project, regardless of the present or prior use of such land and structures, and regardless of whether substantial improvements have been made to such structures.
Condominium or Community Apartment Project. A plan by a developer to sell residential condominium or community apartment units in a building through conversion to condominium or community apartment status.
Condominium Unit. The elements of a condominium project which are not owned in common with the owners of other condominiums in the project.
Condominium Conversion. The conversion of an existing structure into separately owned commercial, industrial, or mixed-use units. See Chapter 30.155, Conversion of Residential Units to Condominiums, Hotels, or Similar Uses.
Congregate Dining Facility. See Kitchen, Congregate Dining Facility.
Construction. Erection, enlargement, alteration, conversion, demolition, substantial redevelopment, or movement of any building, structure, or land.
Continuation. The state of continuing in the same condition, capacity, or place without change, expansion, or interruption.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
163
Corral. Enclosure designed for the care and keeping of livestock.
County. The County of Santa Barbara.
Courtyard. An area open to the sky that is enclosed on at least three two sides by walls or buildings,. sometimes referred to as Also called a court or atrium.
Coverage. The portion of a site, expressed as a percentage, that is covered in buildings or other structures.
Crawlspace. A shallow, unfinished, unoccupiable space beneath the floor of a building that provides access to utility, structural, and other building components not readily accessible from the occupiable portions of the building.
Creek related definitions. The following terms are related to the rules and regulations applicable to Creeks.
Creek. A stream, creek, arroyo, gulch, wash, or swale that is tributary to any waters of the state or that conveys surface water during or after storms to the City storm drain system and the beds thereof, whether dry or containing water. Erosional features (rills), and swales and ditches that are not tributaries or wetlands and do not convey surface water off the owner's property are generally excluded from the definition of a creek. A creek includes all land within the top of either bank, including the bed and banks.
Creek Bank. The land adjoining and confining a stream channel, comprised of the sloping land from the toe of bank to the top of bank.
Generally Level Ground. Any area of land that has less than 5% average slope.
Hinge Point. A break in slope, along the bank of a creek or at the top of bank.
Toe of Bank. The break in slope (toe of slope) at the intersection of base of the creek bank and the bed of the creek channel.
Top of Bank. A point or line formed at the intersection of a creek bank and the hinge point at the upper generally level ground.
End of Creek related definitions.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
164
30.300.040 “D”.
Days. Calendar days unless a specific chapter or section specifies otherwise.
Deck. An outdoor platform, the surface of which is greater than 10 inches above existing grade and is wholly or partially supported from the ground below. A deck may be surrounded by a railing, balustrade, or parapet, and can be freestanding or attached to another structure. A deck is differentiated from a patio when the patio is constructed with a finished surface no more than 10 inches above existing grade.
Deck, Elevated. A deck that is structurally elevated over 36 inches above grade, either on posts, or placed on top of the projecting or recessed portion of a building that is not the highest roof surface. An elevated deck is differentiated from a balcony when the balcony is cantilevered and only supported by beams. Also called an Upper Story Deck when attached to the upper story of a building.
Deck, First Story. A deck the surface of which is greater than 10 inches above existing grade, but no more than 36 inches above existing grade.
Deck, Rooftop. A deck constructed above any the top plate of a structure that is designed to function as useable outdoor area. A rooftop deck is not a balcony. Rooftop decks are decks at the highest roof surface.
FIGURE 30.300.040: DECK
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
165
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
166
Demolition. Removal or destruction. Whenever the term demolition is used in this title it shall also be considered a substantial redevelopment. See also, Section 30.140.200, Substantial Redevelopment.
Density. Residential density as described in Section 30.15.025, Calculating Density.
Detached. A structure whose walls and roof are independent of any other building or structure, with space open to the sky on all sides. See also, Section 30.140.030, Building Attachment.
Development. Any building, structure, construction, renovation, mining, extraction, dredging, filling, excavation, grading, or drilling activity or operation; any material change in the use or appearance of any structure or in the land itself, including fences, agriculture, vegetation or tree removal, and landscapeing; the division of land into parcels; any change in the intensity or use of land, such as an increase in the number of dwelling units in a structure or a change to a commercial or industrial use from a less intensive use.
District. See Zoning District.
Door. An opening that allows access to a building, room, or other space and can be fully closed to provide a barrier to weather as well as to entry.
Driveway. An accessway that provides vehicular access between a street or alley and the parking or loading facilities of an adjacent property.
One-way. A vehicular access with one travel lane that accommodates both ingress and egress.
Two-way. A vehicular access with two travel lanes, one for ingress and one for egress.
Width. The horizontal measurement of an access driveway to a parking area, measured perpendicular to the direction of travel.
Driveway Gate. A barrier that is installed across the entrance to a driveway.
Dwelling Unit. See Residential Unit.
30.300.050 “E”.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
167
Earth Material. Any rock, natural soil or fill or any combination thereof.
Easement. A portion of land created by grant or agreement for specific purpose; an easement is the right, privilege or interest that one party has in the land of another.
Eaves. The part of a roof that overhangs the walls of a building. When a structure has a roof but no walls (such as a patio cover, carport, or trellis), the eave shall be considered the portion of the roof that overhangs beyond the vertical support posts, or if cantilevered, the outermost three feet of the roof.
Effective Date. The date on which a permit or other approval becomes enforceable or otherwise takes effect, rather than the date it was signed or circulated.
Electric Vehicle Charging Station. Any electric vehicle charging station, electric recharging point, charging point, or electric vehicle supply equipment station (EVSE) that is designed and built in compliance with Article 625 of the California Electrical Code, and delivers electricity from a source outside an electric vehicle into a plugin electric vehicle.
Emergency. A sudden unexpected occurrence demanding immediate action to prevent or mitigate loss or damage to life, health, property or essential public services.
Enclosed. A structure or portion of a structure surrounded by walls and a roof. A structure that is substantially enclosed may also be considered enclosed for the purpose of this title.
Encroachment. Any architectural feature, structure, or structural element—including, but not limited to, a porch, stoop, balcony, bay window, terrace, or deck—that breaks the plane of a vertical or horizontal regulatory limit by extending into a setback, open yard, or above a height limit. See also, Section 30.140.090, Encroachments into Setbacks and Open Yards.
Environmentally Sensitive Habitat Area (ESHA). See Coastal Zone Related Definitions.
Erect. To alter, convert, move, build, construct, attach, hang, place, suspend or affix to or upon any surface. Such term shall also include the painting of wall signs.
Erosion. The wearing away of the ground surface as a result of the movement of wind, water or ice.
Excavation. The mechanical removal of earth material.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
168
Existing. The use of land, buildings, structures, or activities legally permitted and constructed on the site with a final inspection or certificate of occupancy as of the date of application submittal, that conforms to current zoning standards or is legal nonconforming as to current zoning standards.
30.300.060 “F”.
Façade. The general outer surface of the structure or walls of a building.
Family. See Household.
Feasible. Capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors.
Fence. An upright structure serving as a barrier or boundary, or that visually divides or conceals a parcel, including retaining walls, usually made of masonry, plaster, posts, boards, wire, rails, or other building material. May also be referred to as Also called Wall or Screen.
Fill. A deposit of earth material placed by artificial means.
Final Approval. The development project has received all necessary planning approvals to be eligible to obtain a building permit.
Finished. Walls and ceilings shall be deemed finished only if they are covered with plaster, wallboard, or similar material; floors shall be deemed finished only if they are a solid surface such as concrete, that is generally covered with carpeting, tile, linoleum, wood or similar material. A basement, cellar, or attic area is considered finished if all of the walls, ceilings, and floors are finished.
First Floor. See First Story. See Story, First.
First Story. The first story of a building that is closest to finished grade. Also known as the First Floor. The story above is the Second Floor or Second Story.
Floor Area. The total horizontal enclosed area of all the floors below the roof and within the exterior walls of a building or enclosed structure. The floor area of an unenclosed building or structure includes all horizontal area below the roof line. See also, Section 30.15.070, Measuring Floor Area.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
169
Floor Area, Existing. A legally permitted building constructed on the site with a final inspection or certificate of occupancy as of the date of application submittal that conforms to current zoning standards or is legal nonconforming as to current zoning standards.
Floor Area, Gross. Gross floor area is the total floor area of a building that includes the outside faces of its exterior walls.
Floor Area, Livable Floor Area. The total enclosed and usable space available within the exterior walls on all floors of a building, including interior corridors, stairs, elevators, passageways, and finished basements, cellars, and attics. Unfinished and unheated unconditioned areas including, but not limited to: basements, cellars, attics, porches, breezeways, garages, sheds, and workshops are excluded from livable floor area determinations. Basement, cellars, or attic areas are considered finished if all of the walls, ceilings, and floors are finished. Walls and ceilings shall be deemed finished only if they are covered with plaster, wallboard, or similar material; floors shall be deemed finished only if they are covered with carpeting, tile, linoleum, or similar material. The interior conditioned space of a residential unit, including finished basements and attics, but not including unfinished or unheated areas such as garages, crawlspaces, or storage areas.
Floor Area, Net. See definition of Floor Area above. All references to floor area in this Title are to Net Floor Area, unless otherwise indicated.
Footprint. The horizontal area, as seen in plan view, of a structure, measured from the outside of exterior walls or supporting columns, and excluding eaves.
Front Elevation. Any structure elevation that faces a street. See also, Front Façade, Front.
30.300.070 “G”.
Garage. An enclosed building or portion of a building accessible to vehicles used as parking or storage of one or more motor vehicles. See also Subsection 30.175.030.N, Covered Parking. See Parking, Covered.
Gazebo. A freestanding platform, primarily open-sided, roofed, and usually raised.
General Plan. The comprehensive General Plan of the City of Santa Barbara together with all Specific Plans adopted by the City Council.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
170
Glare. The effect produced by a light source within the visual field that is sufficiently brighter than the level to which the eyes are adapted, such as to cause annoyance, discomfort, or loss of visual performance and ability.
Government Code. The Government Code of the State of California.
Grade, Existing. The topographic elevations representing the surface of the ground five years prior to the application date for grading, filling, or other site alterations for the project. Existing grade may also be referred to as natural grade. Also called Natural Grade.
Grade, Finished. The topographic elevations representing the ground surface upon project completion. Finished grade may also be referred to as proposed grade. Also called Proposed Grade.
Grading. Any excavating or filling or combination thereof.
Guestroom. An individual sleeping room, or any suite of rooms in which the individual rooms are configured so that they cannot be rented separately.
30.300.080 “H”.
Habitable Space. See Floor Area, Livable Floor Area.
Hardscape. Paving, decks, patios, and other hard, horizontal surfaces.
Hazardous Materials. Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.
Hazardous Waste. A waste, or combination of wastes, which because of the quantity, concentration or physical and chemical characteristics may either (a) cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness, or (b) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed or otherwise managed. Hazardous waste also includes those materials described in Title 22, Division 4.5, Chapter 11, California Code of Regulations.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
171
Hazardous Waste Management Plan. A plan prepared, adopted and amended from time to time, pursuant to § 25135 of the California Health and Safety Code by Santa Barbara County to direct the management of hazardous wastes within the boundaries of the County. It is also known as the Hazardous Waste Element of the Santa Barbara County Comprehensive Plan.
Hearing. Includes any public hearing, workshop, or similar meeting, including any appeal, conducted by the city with respect to a development project.
Heat. Thermal energy of a radioactive, conductive, or convective nature.
Hedge. A row of shrubs, bushes, or any other kind of plant material that forms a boundary or substantially continuous visual barrier. May also be referred to as Screen. Also called Screen.
Height. The vertical distance from a point on the ground below a structure to a point directly above. See also, Section 30.15.090, Measuring Height and Stories.
High Fire Hazard Area. The High Fire Hazard Area includes the City’s four High Fire Hazard Zones: Coastal, Coastal Interior, Extreme Foothill, and Foothill. The Extreme Foothill and Foothill zones are also designated as the “Very High Fire Hazard Severity Zone,” by the California Department of Forestry and Fire Protection and as defined in the City’s Community Wildfire Protection Plan adopted by City Council.
Historic Resources Related Definitions. The following terms are related to the rules and regulations applicable only to historic resources.
Adobe. An unburnt, sun-dried, clay brick; or a building made of adobe bricks.
Adjacent. See Abutting, as defined in Section 30.300.010.
Archaeological site. The location of a prehistoric or historic occupation or activity, or a building or structure, whether standing, ruined, or vanished, where the location itself possesses archaeological value regardless of the value of any existing buildings or structures. (For the protection of significant archaeological and paleontological resources within the City, please refer to Chapter 22.12, Archaeological and Paleontological Resources.) Buffer Area. An area of land, developed or undeveloped surrounding a historic resource, El Pueblo Viejo Landmark District or Historic District Overlay Zones, that serves to notice owners, planners and design review boards during the planning and design review process of the necessity to plan to mitigate any negative impacts a new project may have to the historic AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
172
resource. The distance requirements of the buffer area are the following: 250 feet from the outline of the structure of an original adobe, El Presidio de Santa Barbara State Historic Park and areas inclusive of the original footprint of the Presidio, or a Landmark; 100 feet from the outline of the structure around a Structure of Merit; and at least a radius of one-half block from the boundary line surrounding El Pueblo Viejo Landmark District or a historic district and shall include properties on the opposite side of the street from the district.
Certificate of Appropriateness. The administrative approval document issued by the City’s Architectural Historian to approve a minor alteration to a historic resource.
Character-Defining Feature or Element. A visible physical part or aspect of a structure or site that contributes to its identification, understanding or interpretation as an example of architecture or architectural style, as an artifact attributable to a particular period of historical significance, or as a unique entity.
Compatibility. Respect for distinctive character, identity and history of a streetscape and neighborhood through historic materials, features, size, scale and proportion, and massing to protect the integrity of the environment.
Contributing Resource. A structure, site, or feature within the boundaries of a Historic District, or El Pueblo Viejo Landmark District, which reflects the significance of the district as a whole, either because of historic associations, historic architectural qualities, archeological features, or historic integrity, and is considered a historic resource.
Cultural. The concepts, habits, skills, arts, instruments, institutions, etc. of a given people in a given period.
Cultural Landscape. A geographic area (including both cultural and natural resources and the wildlife or domestic animals therein), associated with a historic event, activity, or person or exhibiting other cultural or aesthetic values. Refer to the Secretary of Interior’s Standards for Treatment of Cultural Landscapes for further definition of this term.
Cultural Resource. Districts, streetscapes, neighborhoods, sites, buildings, structures, view corridors, vistas and objects that have acquired significant associations with human activities and human events.
Demolition. Removal or destruction. Whenever the term demolition is used in this title it shall also be considered a substantial redevelopment. See also, Section 30.140.200, AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
173
Substantial Redevelopment. With regard to a historic resource, the term “demolition” shall also include the removal of a significant component or a character defining element.
Demolition by Neglect. A situation in which a property owner(s) through neglect and lack of maintenance allows a historic resource or character defining feature of a historic resource to suffer severe deterioration, potentially beyond the point of repair.
Elevation. The flat scale orthographically projected architectural drawing of all exterior vertical elements of a building facade.
Features. Natural or man-made elements on a site, examples of which include trees, fountains, walls, and designed landscapes.
Historic District. A geographically definable area in the City possessing a significant concentration, linkage, or continuity of structures, sites or features united by past events or aesthetically by plan or physical development. Historic Districts consist of contributing and non-contributing properties, thematically linked by architectural style or designer, date of development, distinctive urban plan, or historic associations and may include buffer zones as authorized by the Historic Landmarks Commission. A historic district derives its importance from being a unified entity conveying a visual sense of the overall historic environment.
Historic Fabric or Material. Original and later-added historically significant construction materials, architectural finishes or elements in a particular pattern or configuration which form a qualified historical property, as determined by the Historic Landmarks Commission.
Historic Resource. A structure, site, cultural landscape or feature designated or eligible to be designated historically significant based on the criteria in Section 30.157.025. Historic resources may also include, but are not limited to:
1. City-designated Landmark or Structure of Merit;
2. California Historical Landmark;
3. National Historic Landmark;
4. Listed on the State Register of Historical Resources;
5. Listed on the National Register of Historic Places;
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
174
6. Contributing historic resources in a City-designated Historic District Overlay Zone;
7. State or National Register Historic District;
8. A resource listed in the City’s Historic Resources Inventory; or
9. A Cultural Landscape as defined herein.
Historic Resource, Exception. A property where only a small feature such as a sandstone wall, hitching post or tree is significant, as long as the feature is protected in the project. The determination of what constitutes a small feature shall be made by the staff Architectural Historian.
Historical Integrity. Authenticity of a building or property’s historical identity evidenced by the survival of physical characteristics that existed during the property’s historical or prehistorical period of significance.
Historic Resources Inventory. A list consisting of those structures, sites, or features identified by the Historic Landmarks Commission or City’s Architectural Historian as historically significant and eligible for formal designation as a Landmark, Structure of Merit, Historic District, or contributing historic resource to a Historic District (formerly referred to as “Potential Historic Resources List”).
Historical Significance. The degree of importance for which a property has been evaluated and found to be historical as determined by the Historic Landmarks Commission, City Council, the California Office of Historic Preservation, or Keeper of the National Register of Historic Places based on meeting specified local, state and national criteria.
Landmark. A structure, site, cultural landscape or feature having historic, architectural, archeological, cultural, or aesthetic significance and designated by City Council as a Landmark under the provisions in this chapter.
Landmark Tree. See Historic Tree in Section 15.24.010.
Major Alteration. Any physical modification or change to the exterior of a building, structure, site, object or designated interior that may have a significant effect on characterdefining features of a historic resource. A major alteration shall also include construction of additions.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
175
Minor Alteration. Any physical modification or change to insignificant exterior features of a historic resource, including additions, windows, doors, and exterior siding material that is non-original or otherwise lacking in historic integrity.
Neighborhood. For purposes of this chapter, a neighborhood is defined as an area possessing a sense of cohesiveness due to of physical features suggesting boundaries or concentrations of shared architectural, historic, or cultural characteristics.
Nomination. The documentation by a qualified historian or architectural historian setting forth certain facts to support the designation of a historic resource as a Landmark, Structure of Merit, or HD Overlay Zone.
Non-Contributing Resource. A structure, site or feature within the boundaries of a HD Overlay Zone that does not qualify as a historic resource, but which has been included within the Historic District boundaries because of its geographic location with the HD Overlay Zone.
Ordinary Maintenance. The maintenance, painting, landscapeing or repair of any exterior feature in or upon any historic resource that does not involve a change in design, material, or the external appearance thereof, except that the removal of trees or the change of paint color shall not be considered ordinary maintenance.
Period of Significance. The period of time when a qualified historic structure, site or feature was associated with important events, activities or persons, or attained the characteristics for its listing or registration.
Preservation. The act or process of applying measures necessary to sustain the existing form, integrity, and materials of a qualified historic resource. Preservation work, including preliminary measures to protect and stabilize the structure, site or feature, generally focuses upon the ongoing maintenance and repair of historic materials and features rather than extensive replacement and new construction. New exterior additions are specifically not within the scope of this treatment; however, the limited and sensitive upgrading of mechanical, electrical and plumbing systems and other code-related work to make properties functional is deemed to be appropriate preservation work.
Qualified Professional Staff in Historic Preservation. Staff meeting the Professional Standards in Historic Preservation outlined in the Secretary of the Interior’s Guidelines and Qualifications in History, Architectural History, or Historic Architecture in education and AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
176
experience required to perform the identification, evaluation, registration, and treatment of historic resources. Referred to in this chapter as Architectural Historian.
Reconstruction. The act or process of depicting, by means of new construction, the form, features and detailing of a non-surviving site, landscape, building, property or object for the purpose of replicating its appearance from a specific period of time.
Rehabilitation. The act or process of making possible a compatible use for a qualified historic resource through repair, alterations and additions while preserving those portions or features which convey its qualified historical, cultural or architectural values.
Relocation. The act or process of moving any qualified historic resource or a portion of a qualified historic resource to a new site, or a different location on the same site.
Restoration. The act or process of accurately depicting the form, features and character of a qualified historic resource as it appeared at a particular period of time by means of the removal of features from other periods in its history and reconstruction of missing features from the restoration period. The limited and sensitive upgrading of mechanical, electrical and plumbing systems and other code required work to make properties functional is appropriate within a restoration project.
Sandstone Construction. A sedimentary rock (usually consisting of quartz sand particles united by some bonding agent such as silica or calcium carbonate) hewed into building materials by a skilled mason or carver and for purposes of this chapter, incorporating traditional, stone masonry, including, but not limited to, curbs, walls, railings, bridges, gardens, buildings, steps or hitching posts using local sandstone material quarried in the Santa Barbara area.
Secretary of the Interior’s Standards. The current version of the “Standards for Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring & Restructuring Historic Buildings” published by the U.S. Department of the Interior.
Streetscape. The design quality of the street and its visual effect and pedestrian experience.
Structure of Merit. A historic resource designated by the Historic Landmarks Commission that deserves official recognition as having historic, architectural, archeological, cultural, or aesthetic value but does not rise to the level of Landmark status.
End of Historic Resources Related Definitions
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
177
Household. One or more persons living together in a single residential unit, with common access to, and common use of, all living areas and all areas and facilities for the preparation and storage of food and who maintain no more than four six separate rental agreements for the single residential unit.
Housing Development Project. See Objective Housing Development Project.
30.300.090 “I”.
Impervious. A surface which either prevents or retards the entry of water into soil, as would occur under natural conditions, or which causes water to run off the surface in greater quantities or at an increased rate of flow than would occur under natural conditions.
Incompatible. That structure or use which is detrimental and may adversely affect surrounding structures or uses, as determined by the Community Development Director.
Infill. Refers to constructing or developing a project on unused and underutilized lands surrounded by existing development patterns. Typically, but not exclusively, in urban areas.
Intensity of Use. The extent to which a particular use or the use in combination with other uses affects the natural and built environment in which it is located, the demand for services, and persons who live, work, and visit the area. Measures of intensity may include, but are not limited to, requirements for water, sewer, gas, electricity, access, recreation, or other public services; number of automobile trips generated; on- and off-site parking demand; number of residents or employees; hours of operation; the amount of noise, light glare, smoke, odors, or hazardous materials generated; or the number of persons attracted to the site.
Intersection, Street. The area common to two or more intersecting streets.
30.300.100 “J”.
Reserved.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
178
30.300.110 “K”.
Kitchen. Any room or portion of a room used or intended or designed to be used for the preparation or storage of food.
Congregate Dining Facility. A room or rooms that contain suitable space for group dining to feed all the residents of a facility in one or two sittings, accessible to and for the primary use of the residents of the facility and provides at least two meals per day seven days per week for the residents.
Efficiency Kitchen. A kitchen that includes at a minimum:
a. Appliances for cooking food and refrigeration, either built-in or countertop. b. A sink for food preparation greater than 12 inches by 12 inches, excluding the sink located in the bathroom.
c. A food preparation counter.
30.300.120 “L”.
Landing. An unenclosed, unroofed platform, attached to a building, and serving as a required means of egress from the first floor of a building.
Landscape Area. An area of ground within the boundaries of a lot which consists of living plant material including, but not limited to, trees, shrubs, ground covers, grass, flowers, gardens and vines.
Established Landscape. The point in time at which plants have developed roots into the soil adjacent to the root ball.
Water Wise Landscape. Those plants that are evaluated as needing "low" (10-30% ETo) or "very low"(<10%vETo) amounts of irrigation water as defined and listed by Water Use Classifications of Landscape Species (WUCOLS) or other sources of water-wise plant water use classifications as verified by a licensed landscape architect. Also called a Low-Water-Use or Very-Low-Water-Use Landscape.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
179
Landscape Plan. Design plans that include a planting plan, an irrigation plan, (if applicable) or both, and a completed Landscape Compliance Statement.
Livability. Considers a person’s quality of life as it pertains to their place of residence or employment. Desirable livability design features, including useable, functional, common and private open yards, access to light and air, peace and safety, and privacy from neighboring properties.
Living Room. The largest livable room in a residential unit accessible from the main entrance and shared as a common area.
Loading Spaces, Off-street. Permanently improved and maintained areas on the site dedicated to loading and unloading materials, equipment, and merchandise.
Lot. A parcel, tract, or area of land whose boundaries have been established by a legal instrument such as a deed or map recorded with the County of Santa Barbara, and that is recognized as a separate legal entity for purposes of transfer of title, except public easements or rights-of-way.
Projects using Title 25 of this code may interpret the following types of “Lots” to mean “Design Sites”. See also, Parcel.
Lot, Corner. A lot surrounded on two or more contiguous sides by a street.
Lot, Flag. A lot that has access to a street by means of a narrow strip of land.
Lot, Interior. A lot other than a corner lot.
Lot, Through. A lot having frontage on two parallel or approximately parallel streets.
Lot Area. The area of a lot measured horizontally between bounding lot lines.
Lot Area, Gross. The total area, measured in acres, of a lot included within the lot lines.
Lot Area, Net. The area of a lot measured horizontally between bounding lot lines, subtracting the existing or proposed horizontal area within public streets and alleys on the lot any right-of-way.
Lot Frontage. See Street Frontage.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
180
Lot Line. The boundary between a lot and other property or a public or private street. Also called a Property Line. “Lot Line” may be interpreted to mean “Design Site Line” for projects using Title 25 of this code.
Lot Line, Front. The line or lines dividing a lot from a public or private street. The line or lines that divide a lot from an alley or a driveway shall not be considered front lot lines. On lots that abut multiple streets, all lines that divide the lot from a street shall be considered front lot lines. Design Sites that do not abut a street shall designate a Front Design Site Line consistent with Section 25.02.040, Design Sites, for projects using Title 25 of this code.
Lot Line, Primary Front. Front lot line adjacent to primary front yard.
Lot Line, Secondary Front. Front lot line adjacent to secondary front yard.
Lot Line, Interior. Any lot line other than a front lot line.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
181
FIGURE 30.300.120: LOTS AND LOT LINES
Lot Line Adjustment. The adjustment of the boundary of existing parcels where the number of parcels existing after the adjustment is the same as the number of parcels that existed prior to the adjustment.
Low Barrier Navigation Center. A facility as defined in Government Code § 65660(a) that meets all of the requirements of Government Code § 65660 et seq. Includes a “Low Barrier” Social Service Facilities (with or without temporary living facilities), and a “Low Barrier” Emergency Shelter provided all the other requirements of Government Code § 65660 et seq. are met.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
182
30.300.130 “M”.
Manufacturing. The processing of raw materials or assembly of parts into finished goods through the use of tools, human labor, machinery, or chemical processing. Manufacturing is an industrial use pursuant to Section 30.295.050, Industrial Use Classifications.
Median. A planted or paved area which separates two roadways or divides a portion of a road into two or more lanes.
Mezzanine. An intermediate floor within a building interior that is no greater than one third of the total floor area of the floor below. See also Story and Subsection 30.15.090.E, Determining the Number of Stories in a Building. See Story, Mezzanine.
Microcell. A small cellular transceiver facility installed at or below ground level and comprised of a utility cabinet, one or more small antennas mounted on a steel pipe, an existing public utility pole or existing structure, and transmitters with an effective radiated power not exceeding five watts per channel and not to exceed a total of 200 watts per facility.
Mixed-Use. The combination of residential and nonresidential uses within the same building or on the same development site.
Mixed-Use Building. A building that contains both nonresidential and residential uses.
Mixed-Use Development. A development that contains both nonresidential and residential uses on the same lot, whether or not they are located within the same structure.
Mobilehome. A structure designed for human habitation and for being moved on a street or highway under permit pursuant to § 35790 of the California Vehicle Code. Mobilehome includes a manufactured home, as defined in § 18007 of the California Health and Safety Code, and a mobilehome as defined in § 18008 of the California Health and Safety Code, but does not include a recreational vehicle as defined in this title and § 18010 of the California Health and Safety Code, or a commercial coach as defined in § 18001.8 of the California Health and Safety Code. Mobilehomes are residential units, except as allowed by Section 30.185.270, Mobilehomes, Recreational Vehicles and Modular Units, Individual Use.
Mobilehome Park Space. That portion of a mobilehome park set aside and designated for the occupancy of a mobilehome, including any contiguous area designed or used for automobile parking, carport, storage, awning, cabana or other use which is clearly incidental and accessory to the primary use of the space.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
183
30.300.140 “N”.
New. Any purpose for which land or premises, or a building or structure thereon, is improved, occupied, utilized, built, or constructed for said purpose, which has not before existed on said land or premises.
Nonconforming. Any lawfully established use, structure, parking, or site development that is in existence on the effective date of this title, or any subsequent amendment, but does not comply with all of the standards and requirements of this title and any additions allowed pursuant to Chapter 30.165, Nonconforming Structures, Site Development, and Uses.
Nonconforming Density. A lawfully established development on a lot with more residential units or number of bedrooms than are allowed by the current ordinance in a zone that allows residential uses. Nonconforming density is not considered a nonconforming use.
Nonconforming Lot. A legal parcel of land having less area, frontage, or dimensions than required in the zoning district in which it is located.
Nonconforming Site Improvement. A site improvement (e.g., fences, landscape, parking, walls, etc.) that conformed to the standards of the previous zoning that lawfully existed before the effective date of this title and does not conform to the present standards of the zone in which it is located.
Nonconforming Structure or Building. A structure or building that lawfully existed before the effective date of this title and does not conform to the present standards of the zone in which it is located.
Nonconforming Use. A use of a building, structure, or site, or portion thereof, or a building, structure or facility itself, which was lawfully established and maintained but, because of the application of this title to it, does not conform to the present standards of the zone in which it is located.
30.300.150 “O”.
Objective. Means involving no personal or subjective judgment by a public official and being uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
184
Objective Design and Development Standards (ODDS). A set of objective standards used by the City to regulate new development. These standards, located in Title 25 of the Santa Barbara Municipal Code, define design preferences for qualifying residential projects applying under the provisions of the Housing Accountability Act (HAA), or similar State law intended to limit discretionary review.
ODDS Architectural Styles. The boundaries of the allowed Architectural Styles mandated by ODDS, as shown on the ODDS Architectural Styles Map (ODDS-ASM) ODDS Zone. One of several zones established by Title 25 and mapped on the ODDS Zone Map (ODDS-ZM).
Objective Housing Development Project. A qualifying residential project for which the State requires review for compliance using only objective standards, including Housing Development Projects meeting the definition of Government Code §65589.5(h)(2).
Occupiable Space. Enclosed, finished, and conditioned space within a building envelope designed for extended human occupancy for residential or commercial, retail, or office use, and not used for storage, utilities, parking, or similar uses. Also called Useable Space. See also, Floor Area, Livable.
On-Site. Located on the lot that is the subject of discussion.
Open Structure. See Trellis.
Owner. Any person, co-partnership, association, corporation or fiduciary having legal or equitable title or any interest in any real property.
30.300.160 “P”.
Parcel. A general term including all plots of land shown with separate identification on the latest equalized county assessment roll. Parcels may or may not be separate lots, depending upon whether or not such parcels are created as required by Title 27, Subdivisions, of the Santa Barbara Municipal Code. See also, Lot.
Parking, Covered. An accessory building, accessible to vehicles, such as a garage or carport that completely covers the parking spaces. See also, Subsection 30.175.030.N, Covered Parking.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
185
Carport. A structure, or portion of a structure, accessible to automobiles, with a solid weatherproof roof that is permanently open on at least two sides, used as parking or storage of one or more vehicles.
Garage. An enclosed building or portion of a building accessible to automobiles, used as parking or storage of one or more vehicles.
Garage, Private. A building or portion of a building, in which only vehicles used by the tenants of the building or buildings on the premises are stored or kept.
Garage, Public. A structure or portion thereof, offering parking to the public with or without a fee.
Parking, Offsite. The area located on a site available for parking or storage of one or more vehicles.
See also, Section 30.295.040, Parking, Public or Private.
Parking, Shared. Any parking spaces available to more than one user.
Parking, Stacked. Parking spaces arranged in a system that provides two to three spaces in the area of one space.
Parking, Street-Facing. Parking in which the entry of the structure or space is oriented to and facing a street and from which vehicles exit directly (or back out) onto the street. Non-Street-Facing Parking are spaces that include an onsite turnaround movement and do not exit directly (or back out) onto the street.
Parking, Tandem. A parking space deep enough to allow more than one car to park, one behind another.
Parking, Uncovered. One or more Pparking spaces that are completely or partially open to the sky.
Parking Lot, Private. Surface lots with more than 3 uncovered parking spaces in which only vehicles used by the tenants of the building or buildings on the premises are stored or kept.
Parking Lot, Public. Surface lots with more than 3 uncovered parking spaces and structures offering parking to the public with or without a fee.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
186
Park and Recreation Related Definitions. The following terms are related to Chapter 30.40, Park and Recreation (P-R) Zone.
Active Recreation. Activities such as organized sports and drop-in sports, usually team oriented, which utilize equipment and are played on a field or court. Active Recreation includes, but is not limited to, soccer, football, swimming, baseball, softball, basketball, tennis, ultimate frisbee, volleyball and wheelchair football.
Ball Fields and Courts.
Informal. Informal Ball Fields are usually open grass areas with no field or court delineation, or only bases, players’ benches and backstop. Fields are not scheduled for league or tournament play. No dugouts, bleachers or lighting are provided. May include basketball courts with pavement striping, but without lighting.
Formal. Formal Ball Fields are often lighted and may include dressed infield area, baselines, pitcher’s mound for baseball, large backstops, dugouts, players’ benches and bleachers.
Soccer fields are delineated, include players’ benches and goals and may include lighting.
Formal indoor courts for volleyball, basketball and other organized sports are also included.
Formal ball fields may also include related food concessions.
Community Garden. A Community Garden is a piece of urban land that is made available to residents of the community who may not have private yard area that is adequate to plant and maintain a private garden. This land is made available for the purpose of planting small personal gardens and usually consists of several small plots that are assigned to individuals or groups of people and which may be subject to an annual rental fee.
Concession. A Concession is a rental or lease of land or space in a building by the City to an operator of the following types of retail outlets: snack bar, restaurant, push cart and miscellaneous sundries and equipment rental that relate to the uses of the facility where the concession is located.
Community Meeting Rooms.
Small Community Meeting Room. A Small Community Meeting Room accommodates up to 75 people. Small Community Meeting Rooms may include food preparation areas and are used for meetings, seminars and small parties.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
187
Large Community Meeting Room. A Large Community Meeting Room accommodates small or large groups of people. Large Community Meeting Rooms usually include food preparation facilities and may be used for large parties, banquets, dances and lectures.
Lighting.
General Lighting. General Lighting is used for security, safety or decorative purposes.
Ball Field Lighting. Ball Field Lighting is used to illuminate formal ball fields and courts in order to allow evening use of such facilities.
Minor Buildings. Buildings that are not used for recreation programming or meetings.
Minor buildings include restrooms, storage buildings, equipment sheds and caretakers’ residences.
Outdoor Game Area. A delineated area designed specifically, and meeting established criteria, for a game. Outdoor Game Areas include, but are not limited to, volleyball, lawn bowling, horseshoe pitching, tether ball, hopscotch and handball.
Passive Recreation. Activities that are engaged in by individuals or small groups, usually not dependent on a delineated area designed for specific activities. Passive Recreation includes, but is not limited to, hiking, bicycling, jogging, frisbee catch, bird watching, walking, picnicking and horseback riding.
Picnic Area.
Individual Picnic Area. Picnic tables generally set a minimum of 10 feet apart and intended for use by small groups requiring the use of only one picnic table.
Small Group Picnic Area. A Small Group Picnic Area consists of picnic tables intentionally arranged to accommodate use by a group of up to 30 people. Small Group Picnic Areas often include a single barbecue sized to accommodate a group meal.
Large Group Picnic Area. A Large Group Picnic Area consists of picnic tables intentionally arranged to accommodate use by more than 30 people, which may be subject to reservation.
Large Group Picnic Areas often include one or more barbecues and food preparation tables sized to accommodate a group meal.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
188
Playground. An area that includes, but is not limited to, swings, slides, climbing structures, sand play, spring riders and other play structures.
Trail. A passageway for hikers, equestrians or bicyclists. Uses of individual trails shall be determined by the Parks and Recreation Director.
End of Parks and Recreation Related Definitions
Parkway. An area between the curb and sidewalk in a fully improved right-of-way, typically landscaped.
Path of Travel. An identifiable accessible route within an existing site, building or facility, as defined by the Building Code.
Pathway. The means of providing internal or external pedestrian connectivity to a property or use.
Also called a walkway, accessway, passageway, pedestrian connection, thru-way, walking surface, paseo, or internal circulation network.
Patio. A hardscaped (e.g., concrete, tile, brick, stone, wood, etc.) area, constructed with a finished surface no more than 10 12 inches above grade, which may or may not be attached to another structure and intended for indoor-outdoor living and recreation. A patio may be surrounded by walls or roofed, but not both.
Patio Cover. A one story, roofed structure, used only for recreational or outdoor living purposes, that may be attached or detached as an accessory structure to the main building.
Permanent Supportive Housing. Housing as defined in Government Code §65650(a) serving the target population as defined in Government Code §65650(c) that meets all of the requirements of Government Code §65650 et seq. or successor provision.
Permit. Any Zoning Clearance, Conditional Use Permit, Performance Standard Permit, Temporary Use Permit, Building Permit, license, certificate, approval, or other entitlement for development or use of property as required by any public agency.
Permitted Use. Any use allowed in a zoning district without a requirement for approval of a Conditional Use Permit, Performance Standard Permit, or Temporary Use Permit, but subject to any standards or restrictions applicable to that zoning district. Also called Allowed Use.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
189
Person. Any individual, organization, partnership, limited liability company, or other business association or corporation, including any utility, and any federal, state or local government, special district, or an agency thereof.
Persons with Disabilities. Persons who have a medical, physical, or mental condition, disorder or disability as defined in Government Code § 12926 or the Americans With Disabilities Act, that limits one or more major life activities.
Plot Plan. See Site Plan.
Porch. A roofed, raised platform, sometimes partly enclosed with low walls, that extends along an outside wall of a building. A porch is usually at the primary entrance to a residential unit. A porch may also be referred to as a veranda. Also called a Veranda.
Pre-existing. In existence prior to the effective date of this title, or prior to the date of application submittal, as applicable. See also, Existing.
Private Property. Ownership of property by non-governmental legal entities.
Project. Any proposal for a new or changed use, or for new construction, demolition, substantial redevelopment, alteration, or additions to any structure, that is subject to the provisions of this title.
Proposed. The requested use of land, buildings, or structures on an application. See also, New.
Public Area. Areas generally open for public use include streets, sidewalks, paseos, pathways, rightsof-way, parks, public parking lots, publicly accessible open spaces, and any public and civic building.
Public Property. Any property owned, maintained, or leased by any public agency or governmental entity.
Public Resources Code. The Public Resources Code of the State of California.
Public Use. A use undertaken by any public agency or governmental entity.
Public Works Director. The Public Works Director of the City of Santa Barbara, or designee.
Publicly Visible. The condition when a building, structure, or land use is within the area between a front lot line and up to 35 feet behind any front lot line and is either (1) observable by the public along any abutting public area or (2) is observable by the public from a public area on the other side of an abutting street or right-of-way.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
190
30.300.170 “Q”.
Reserved.
Quasi-Public. See Semi-Public
30.300.180 “R”.
Rear. Opposite of front. In the event of two or more fronts, the rear shall be provided from the opposite to any of the fronts.
Recreational Vehicles.
Recreational Vehicle. A motor home, slide-in camper, travel trailer, or camping trailer, with or without motive power, designed for human habitation for recreational or emergency occupancy.
Recreational Vehicle Space. That portion of a recreational vehicle park set aside and designated for the occupancy of one recreational vehicle, including any contiguous area designed or used for automobile parking, carport, storage, awning, cabana or other use which is clearly incidental and accessory to the primary use of the space.
Camping Trailer. A vehicular portable unit mounted on wheels and constructed with collapsible partial sidewalls which fold for towing by another vehicle and unfold at the campsite and designed for human habitation for recreational or emergency occupancy.
Motor Home. A vehicular unit built on or permanently attached to a self-propelled motor vehicle chassis, chassis cab or van, which becomes an integral part of the completed vehicle, designed for human habitation for recreational or emergency occupancy.
Slide-In Camper. A portable unit, consisting of a roof, floor and sides, designed to be loaded onto and unloaded from the bed of a pickup truck, and designed for human habitation for recreational or emergency occupancy and shall include a truck camper.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
191
Travel Trailer. A portable unit, mounted on wheels, of such a size and weight as not to require special highway movement permits when drawn by a motor vehicle and for human habitation for recreational or emergency occupancy.
Remodel. See Alteration.
Renovation. See Alteration.
Repair and Maintenance. The replacement of existing materials with similar materials in a similar manner. Repair and maintenance does not include: additions, alterations, or substantial redevelopment to any structure; changes in site development; a substitution of or a change to a nonconforming use; or an increase in area occupied by a nonconforming use.
Residential. Lands, buildings, structures or portions thereof used, or designed for use, as a home or residence of one or more individuals.
Residential Lot Subdivision. The subdivision of land into individual parcels.
Residential Property. Any real property, zoned, designed or permitted to be used for any residential purpose, including any buildings or structures located on said improved real property.
Also called Residential Development.
Residential Unit. Any building or portion thereof that contains living facilities, including provisions for sleeping, eating, cooking, and sanitation, for not more than one household. Also called Dwelling Unit. See Section 30.140.150, Residential Unit.
Review Authority. The highest decision-making body identified for any land use permit Body responsible for making decisions on zoning and related permits and approvals, including, but not limited to, the Community Development Director, Public Works Director, design review bodies, Staff Hearing Officer, Planning Commission, and City Council.
Right-of-Way (ROW). A strip of land acquired by reservation, easement, dedication, forced dedication, prescription or condemnation and intended to be occupied or occupied by a street, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary storm sewer or other similar use.
Roof. The top covering of a building, principally responsible for providing protection from the elements.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
192
30.300.190 “S”.
Screen. See Hedge.
Second Floor. The floor above the first floor.
Second Story. The story above the first story.
Semi-Public Use. A facility that is open to the public and has a public purpose but is not owned or operated by a governmental entity. Also called Quasi-Public Use.
Setback. The distance by which a building, structure, use, parking area, or other site or development feature is separated from a lot line or design site line. See also, Section 30.15.060, Measuring Distances, Section 30.15.100, Measuring Setbacks and Stepbacks, and Section 30.140.090, Encroachments into Setbacks and Open Yards. References to “Lot Lines” may be interpreted to mean “Design Sites Lines” for projects using Title 25 of this code.
Setback, Front. An area between the street and a line parallel to the front lot line, bounded by the interior lot lines of the lot that are roughly perpendicular to the front lot line. See also Section 30.15.060, Measuring Distances, and Section 30.15.100, Measuring Setbacks, and Section 30.140.090, Encroachments into Setbacks and Open Yards. An area extending across the full width of the lot, parallel to the front lot line, extending between the interior lot lines.
Setback, Interior. An area between an interior lot line and a line parallel to the interior lot line, bounded by the two lot lines adjacent to the interior lot line from which the setback is measured. See also Section 30.15.060, Measuring Distances, and Section 30.15.100, Measuring Setbacks, and Section 30.140.090, Encroachments into Setbacks and Open Yards.
Setback, Primary Front. Setback adjacent to primary front lot line.
Setback, Secondary Front. Setback adjacent to secondary front lot line.
Shopping Center. An integrated group of commercial establishments that are planned and managed together with a minimum of five attached businesses and shared onsite parking. Shopping Centers can include a variety of uses including, but not limited to: retail, eating and drinking establishments, small offices, and banks.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
193
Sidewalk. A paved, surfaced, or leveled area, paralleling and usually separated from the street, used as a pedestrian pathwalkway.
Site. A lot, or group of contiguous lots, that is proposed for development in accordance with the provisions of this title and is in a single ownership or under unified control. Also called development site, or project site. See also, Building Site.
Site Plan. A plan sheet that includes the basic information that will appear on all plans including, but not limited to, lot lines, natural features, roads, buildings, or other structures proposed or existing to remain on-site. Also called plot plan.
Skylight. Roof-mounted window allowing light and sometimes ventilation into the space below.
Solar Access Height Related Definitions. The following terms are related to Section 30.140.170, Solar Access Height Limitations.
Base Elevation Point. The elevation of the higher of either (1) the highest point of contact of a structure with existing grade or (2) the highest point of existing grade along the northerly lot line on the subject property measured at the location(s) with the shortest distance from the structure to the northerly lot line. For the purposes of this determination, all fences, covered and uncovered walkways, driveways, patio covers, and other similar elements shall be considered separate structures.
Northerly Lot Line. Any lot line, of which there may be more than one per lot, that forms a generally north facing boundary of a lot and has a bearing greater than or equal to 40 degrees from either true north or true south. For curved lot lines, the bearing of the lot line at any point shall be the bearing of the tangent to the curve at that point.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
194
FIGURE 30.300.190: NORTHERLY LOT LINE
Plan View. A plot plan of the parcel which shows the horizontal dimensions of a parcel and each structure on the parcel.
Shadow Plan. A plot plan which shows the extent of shading caused by a proposed structure.
Solar Access. The ability of a location to receive direct sunlight.
State. The State of California.
Stepback. The upper portion of a building that is required to be set (or stepped) further back than the minimum setback. See also, Section 30.15.100, Measuring Setbacks and Stepbacks.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
195
Stock Cooperative. As defined in § 11003.2 of the Business and Professions Code.
Story. That portion of a building included between the surface of any floor and the surface of the floor next above it, except that the topmost story shall be that portion of a building included between the surface of the topmost floor and the surface of the roof above. See also, Section 30.15.090.E.G, Determining the Number of Stories in a Building.
Story, First. The lowest story or the ground story of any building, that is closest to finished grade. Also called First Floor or Ground Floor.
Story, Half. A conditioned space that rests underneath the slope of the roof, usually having dormer windows. Where applicable, the half-story is identified by the "0.5" in the description of maximum height (e.g., 2.5). A half-story is not counted as a whole story when its top wall plates, on at least two opposite exterior walls, are less than four feet above the floor of such story. Also called Attic Half-Story.
Story, Mezzanine. A story which covers one-third or less of the area of the story directly underneath it. A mezzanine story shall be deemed a full story when it covers more than onethird of the area of the story directly underneath said mezzanine story.
Story, Second. The story above the First Story. Also called Second Floor.
Story, Upper. Any story above the first story.
Street. A public or private way constructed for the primary purpose of vehicular travel. An alley or a driveway is not a street. The term “street” describes the entire legal right-of-way or easement (public or private), including, but not limited to, the traffic lanes, bike lanes, curbs, gutters, sidewalk whether paved or unpaved, parkways, and any other grounds found within the legal right-of-way. The name given to the right-of-way (avenue, court, road, etc.) is not determinative of whether the right-of-way is a street.
Street, Private. A street that is privately owned. Private streets do not appear on the official dedicated street map of the City of Santa Barbara. Private streets generally provide access to multiple lots or units and are usually named, unlike driveways. Private streets may be constructed to public street standards. Private streets are generally differentiated from driveways by larger widths, longer lengths, and may include public or private utilities. A private street may also be referred to as private road, lane, or drive. Also called a Private Road, Lane, or Drive.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
196
Street, Public. Any street shown on the official dedicated street map of the City of Santa Barbara, as such map may be amended from time to time.
Street Frontage. The length of the front lot line along an adjacent street.
Structural Alteration. Any change affecting existing structural elements or requiring new structural elements for vertical or lateral support of an otherwise nonstructural alteration. Includes any physical change to the supporting members of a structure, such as bearing walls, columns, beams or girders, floor joists or roof joists, including the creation, or enlargement, of doors or windows and changes to a roofline or roof shape.
Structure. Anything constructed or erected and the use of which requires more or less permanent location on the ground or attachment to something having a permanent location on the ground.
Buildings are considered structures.
Structure, Accessory. A subordinate structure, physically detached from, and used only as incidental to the main structure on the same lot. See also, Building, Accessory.
Studio. A residential unit consisting of one combined living and sleeping room. The unit may have a separate kitchen and bathroom in addition to the main room. A studio may have a loft, but the loft may not be a bedroom, as defined in this title.
Substantial Redevelopment. A majority of a structure is removed, or is no longer a necessary and integral component of the overall structure. See Section 30.140.200, Substantial Redevelopment.
Swimming Pool, Public or Private. Any pool, pond, lake, or open tank located within or outside of a building and containing or normally capable of containing water to a depth at any point greater than 1.5 feet.
30.300.200 “T”.
Time-Share Terms.
Time-share Project. A purchaser receives the right in perpetuity, for life, or for a term of years, to the recurrent, exclusive use or occupancy of a lot, parcel, unit, or segment of real property, annually or on some other periodic basis, for a period of time that has been or will be allotted from the use or occupancy periods into which the project has been divided.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
197
Time-share Estate. A right of occupancy in a timeshare project which is coupled with an estate in the real property.
Time-share Use. A license or contractual or membership right of use in a timeshare project which is not coupled with an estate in the real property.
Trellis. A structure or frame supporting open latticework, at least 50% open to the sky with uniformly distributed openings. A trellis is sometimes referred to as a pergola or arbor. A trellis is not an accessory building. An accessory structure having a roof constructed of lattice or other roof material which allows light and air to pass through a minimum of 50 percent of the roof surface.
Additionally, the sides of an open structure consist only of support posts and decorative or functional elements including, but not limited to, braces and railings such that light and air can pass through a minimum of 75 percent of each side. Trellis includes but is not limited to pergolas, arbors, and other shade structures. Play structures do not qualify as a trellis but are regulated as accessory structures. A trellis is not an accessory building, subject to the size limitations in Section 30.140.020, Accessory Buildings.
30.300.210 “U”.
Unenclosed. A structure or portion of a structure that is either: (1) substantially unroofed or uncovered; or (2) substantially open on at least two sides.
Unit. See Residential Unit.
Upper Floor. Any floor above the first floor. See Story, Upper.
Upper Story. Any story above the first story.
Use. The purpose for which land, buildings, structures, or site development is designed, arranged, or intended; or for which it is, or may be, occupied or maintained. May also be referred to as Land Use.
Also called Land Use.
Accessory Use. A use that is customarily associated with, and is incidental and subordinate to, the primary use and located on the same lot as the primary use. See also, Section 30.185.030, Accessory Uses.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
198
Principal or Primary Use. A primary, principal or dominant use established, or proposed to be established, on a lot.
Temporary Use. The use of land or premises or a building thereon for a limited period of time which does not change the character of the site, premises, or uses therein. See also, Section 30.185.420, Temporary Uses.
30.300.220 “V”.
Vehicle. Any vehicle, as vehicle is defined by the California Vehicle Code, including any automobile, camper, camp trailer, trailer, trailer coach, motorcycle, house car, boat, or similar conveyance.
Vehicle, Commercial. Any truck, bus, truck-tractor, cargo trailer, or other motorized or towed vehicle which has a rated capacity of more than 15 passengers, a rated capacity of more than one ton by the manufacturer, or which exceeds a length of 20 feet or a height of 10 feet. and designed, used, or maintained primarily for the transportation of property.
Vehicle, Fleet. Any group of motor vehicles owned or leased by a business, government agency, or other organization rather than by an individual or household. Typical examples are vehicles operated by taxicab companies, public utilities, public bus companies, and police departments.
Vehicle, Passenger. An automobile used or maintained for the transportation of persons.
Vehicular Use Areas. All paved surfaces accessible to, connected to, or associated with an offstreet parking area including but not limited to access driveways, aisles, curbs, islands, ramps, and vehicle parking spaces.
Vertical. Perpendicular to the plane of the horizon.
Vibration. A periodic motion of the particles of an elastic body or medium in alternately opposite directions from the position of equilibrium.
Visible. Capable of being seen (whether or not legible) by a person of average height and visual acuity while walking or driving on a street. See Publicly Visible.
30.300.230 “W”.
Walkway. See Pathway.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
199
Wall.
Wall, Building. Any vertical exterior surface of a building or any part thereof, including windows and doors.
Wall, Freestanding. See Fence.
Wall, Retaining. A structure built out of rock, block, wood, or other similar material and used to either directly support retained material or to serve as a facing of a cut slope.
Wall, Wing. An extension of a ground-level exterior building wall using the same materials and colors of the other exterior building walls, which has the effect of partially or entirely “fencing” an outdoor area.
Watercourse. Any stream, creek, arroyo, gulch, wash and the beds thereof, whether dry or containing water. It shall also mean a natural swale or depression which contains and conveys surface water during or after rain storms. See also, Section 30.15.040, Determining Area of a Watercourse Creek Top of Bank.
Wetland. See Coastal Zone Related Definitions.
Window. An opening, typically glazed, in an exterior wall that allows light into the interior, but is not designed as an entry.
30.300.240 “X”.
Reserved.
30.300.250 “Y”.
Yard. A required open space on a lot or parcel of land, open, unenclosed and unobstructed from the ground upward, except as otherwise provided in this title.
Yard, Front. An area extending across the full width of the lot between the front lot line and the nearest wall of the closest main building on the lot; includes the required front setback and the remaining front yard. See also, Section 30.15.080, Measuring Front Yards.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
200
Yard, Primary Front.
• On a lot with one front yard, the front yard is the primary front yard. • On lots with multiple front yards, the primary front yard is designated by the property owner and approved by the Community Development Director as the primary front yard.
Yard, Remaining Front. The area of the front yard not including the required front setback.
Yard, Secondary Front. Any front yard on a lot with multiple front yards that is not designated as the primary front yard.
FIGURE 30.300.250: YARD, FRONT
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
201
Yard, Open. A required yard, intended to provide minimum open areas within residential development.
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
202
30.300.260 “Z”.
Zone. See Zoning District.
Zone Map. The zoning maps of the City of Santa Barbara, California, together with all amendments. See Base Zone and ODDS Zone.
Zoning District. A specifically delineated area of or district in the city within which regulations and requirements uniformly govern the use, placement, spacing, and size of land and structures. See Section 30.05.010, Zones Established (for Title 30 projects), and Section 25.01.090, Zones Established, (for Title 25 projects).
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
203
Appendix Sectional Maps
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
204
Map SA02
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
205
Map SA03
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
206
Map SA04
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
207
Map SB01
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
208
Map SB02
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
209
Map SB03
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
210
Map SB04
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
211
Map SC01
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
212
Map SC02
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
213
Map SC03
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
214
Map SD01
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
215
Map SD02
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
216
Map SD03
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
217
Map SE01
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
218
Map SE02
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
219
Map SE03
AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
220
SECTION 10 Severability and Interpretation.
A. Severability. If any provision of this Ordinance or the application thereof to any persons or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application and, to this end, the provisions of this Ordinance are hereby declared to be severable.
B. Interpretation. This Ordinance shall be construed to confer upon the City the maximum power and authority allowed by state and federal law. In the event state or federal law is found to conflict with and preempt any provision of this Ordinance, or in the event state or federal law changes to conflict with and preempt any provision of this Ordinance, the remaining and non-conflicting provisions of this Ordinance shall be interpreted and construed to give maximum effect to the remaining and non-conflicting provisions so as to effectuate, to the greatest extent possible, the purposes and restrictions expressed herein.
SECTION 11 California Environmental Quality Act
This action is exempt from further environmental review pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15305 based on the City’s adopted CEQA implementation ordinance per SBMC Section 22.100.070 (List of Ministerial Projects and Categorical Exemptions), Subsection C.5. Class 5: Minor Alternations in Land Use Limitations, Subsection c. Adoption or amendment of land use or development ordinance, regulations, standards, or guidelines that substantially maintain existing land use intensity or density. The amendments to Title 30 are administrative in nature and will not result in any increase in the intensity or density of land use above what is currently AMENDMENTS TO TITLE 30
Staff Draft Showing Changes
From Current Code
221
allowed under the General Plan Land Use designations. There is no possibility of a significant effect on the environment from this action.
D. Building Placement
Setback
Primary Front (Façade Zone) 10' min.; 15' max.
Secondary Front (Façade Zone) 10' min.; 15' max.
Interior 0' min.3
Building Façade
Façade Zone Defi ned By Main
Building/Frontage Type
Primary
Front
Secondary
Front
Total length of façade required
within or abutting façade zone
70% min. 60% min.
Façade Design
All building façades shall be designed in compliance with Chapter 25.06 (Architectural Design).
3 A 6' interior building setback is required when adjacent to a residential base zone.
Primary Front
Secondary Front
max.
min.
min.
max.
Key
Lot/Design Site Line
Building Setback Line
Buildable Area
Façade Zone
31 Zones
Santa Barbara Objective Design and Development Standards
25.02.080: Mixed-Use Corridor (MUC)
Staff 's Recommended Change: Proposed for Adoption - November 27, 2024 ATTACHMENT 3
H:\Group Folders\GIS\Housing\ODS\ODS_2023\ODS_2023.aprx >Objective Design and Development Standards - Zones 11x17 Objective Design and Development Standards
Zone Map (ODDS-ZM)
Objective Design and Development
Standards Zones
Downtown Core (DC)
Downtown Edge (DE)
Mixed-Use Corridor (MUC)
Neighborhood Large (NL)
Neighborhood Medium (NM)
City of Santa Barbara Planning Division/IT GIS - November 2024 0 0.25 0.5 1 Miles
Scale: 1:28,000
CITY OF SANTA BARBARA
COUNCIL AGENDA REPORT
AGENDA DATE: December 3, 2024
TO: Mayor and Councilmembers
FROM: City Administrator’s Office
SUBJECT: Employee Recognition – Service Award Pins
RECOMMENDATION:
That Council authorize the City Administrator to express the City’s appreciation to employees who are eligible to receive service award pins for their years of service through December 31, 2024.
DISCUSSION:
The City appreciates the loyalty to the community and the dedication to public service that are demonstrated by City employees throughout the organization every day. Since 1980, the City Employees’ Recognition Program has recognized length of City Service. Service award pins are presented to employees for every five years of service. Those employees achieving 25 years of service or more are eligible to receive their pins in front of the City Council.
Attached is a list of those employees who will be awarded pins for their service through December 31, 2024.
ATTACHMENT: December 2024 Service Awards
PREPARED BY: Talhia Dorado, Administrative Specialist
SUBMITTED BY: Kelly McAdoo, City Administrator
APPROVED BY: City Administrator's Office
Agenda Item No. 1
File Code No. 120.04
ATTACHMENT
DECEMBER 2024 SERVICE AWARDS
December 3, 2024, Council Meeting
5 Years
Meghan Salas, Facilities Manager, Public Works Department Alain Dussert, Department Systems Supervisor, Library Department 10 Years
Anamaria Peinado, Buyer II, Finance Department
Jeffrey Becker, Senior Cross Connection Specialist, Public Works Department Sherrie Lane, Laboratory Analyst II, Public Works Department Joseph Sholl, Recreation Supervisor I, Parks & Recreation Department Mark Morales, Senior Airport Operations Specialist, Airport Department 20 Years
James Hernandez, Maintenance Crew Leader, Public Works Department Juan Garcia, Grounds Maintenance Crew Leader, Parks & Recreation Department
CITY OF SANTA BARBARA
COUNCIL AGENDA REPORT
AGENDA DATE: December 3, 2024
TO: Mayor and Councilmembers
FROM: Finance Department
SUBJECT: Approval of Required Documents to Implement Measure I 0.50% Transactions and Use Tax Implementation with the California Department of Tax and Fee Administration [Ordinance Introduction; Resolution]
RECOMMENDATION: That Council:
A. Adopt, by reading of title only, a Resolution of the City Council of the City of Santa Barbara Authorizing the Finance Director to Execute Agreements with the California Department of Tax and Fee Administration for Implementation of a Local Transactions and Use Tax;
B. Adopt, by reading of title only, a Resolution of the City Council of the City of Santa Barbara Authorizing Examination of Sales or Transactions and Use Tax Records; and C. Introduce and subsequently adopt, by reading of title only, an Ordinance of the City Council of the City of Santa Barbara Amending Section 4.15.060 of the Santa Barbara Municipal Code to Replace Reference to the State Board of Equalization with Reference to the California Department of Tax and Fee Administration.
DISCUSSION:
On June 25, 2024, the City Council adopted Ordinance No. 6156 enacting Santa Barbara Municipal Code Chapter 4.15 known as the Santa Barbara Essential Local Services Tax Act. On November 5, 2024, Santa Barbara voters approved the City of Santa Barbara Essential Local Services Measure (Measure I) imposing a transaction and use (i.e., sales) tax at the rate of one-half percent as specified in Ordinance No. 6156. Under State law and Ordinance No. 6156, the City is required to contract with the California Department of Tax and Fee Administration (CDTFA) to collect and administer the tax. The Ordinance authorizes the Finance Director to execute such contracts.
Agenda Item No. 2
File Code No. 210.01
Council Agenda Report
Approval of Required Documents to Implement Measure I 0.50% Transactions and Use Tax Implementation with the California Department of Tax and Fee Administration [Ordinance Introduction; Resolution]
December 3, 2024