Agenda — Solvang City Council, November 25, 2024 (part 2 of 2)

CUP CUP CUP
Public or Quasi-Public CU
P
CU
P

CUP CUP CUP
Park, Playground (Public) P P P P P
Specialized Education/Training CU
P
CU
P
CUP P
Studio, Art, Dance, Martial Arts, etc. P P P P P
Residential
Accessory Dwelling Unit P P P 11-12-2
Childcare Facility P P P 11-12-6
Home Occupation P P P 11-12-11
Live/Work Unit CU
P
CUP CUP CUP 11-12-12
Mixed-Use Project3 CU CUP CUP CUP
§11-7-3 Allowable Uses and Permit Requirements
255
Table 11.6 – Commercial & Industrial Zones Allowable Uses and Permit Requirements1 Land Use LI CH CR VMU PO Specific Use
Regulations
P
Residential Care Facility P P P
Single room occupancy CUP
Single-Unit Dwelling P4
Short Term Rental P 11-12-20
Supportive Housing P P P
Transitional Housing P P P
Retail
Adult Oriented Business CU
P
11-14
Motor Vehicle Fuel Station5 CU
P
CU
P
CUP
Bar/Tavern CUP P
General Retail except the following: P P P P
Alcoholic Beverage Retail
Establishment

CUP CUP
Outdoor Sales Yard CU
P
CU
P
CUP
Lumber and Building Materials P P
Lumber and Building Materials, indoor only P P P P
Medical Cannabis Retailer CU
P
11-12-13
Microbrewery P CUP P CUP
Night Club CUP 11-12-16
Restaurant P P P
Formula Restaurants 11-12-19
Walk-up window P 11-12-19
Outdoor Barbecues6 CUP 11-12-19
Wine and Distillery Tasting P P CUP P CUP
Vehicle Sales P P
Services
Animal Care Facility P P P P
Business Support Service P P P P P
Catering Services P P P CUP P
Equipment Rental P P P
Financial institutions P P P
Lodging/Hotel CUP P
Maintenance Services, Client Site Services P P
Mechanical Car Wash CU
P
CU
P
Medical Services, Hospital CUP
Medical Services, Clinic/Urgent Care P P P
Medical Services, Doctor’s Office P P P P
§11-7-3 Allowable Uses and Permit Requirements
256
Table 11.6 – Commercial & Industrial Zones Allowable Uses and Permit Requirements1 Land Use LI CH CR VMU PO Specific Use
Regulations
Medical Services, Extended Care Facility CUP CUP
Office, Business/Service P P P P P
Office, Professional P P P P P
Personal Services P P P P
Personal Services, Restricted CU
P
CU
P
CUP
Repair Service, Small Equipment P P P P P
Repair Service, Large Equipment P P
Residential Care Facility P P P P
Vehicle Rental P P CUP P
Vehicle Charging Station P P P P P
Vehicle Repair and Service P P CUP
Transportation & Infrastructure
Parking Facility CU
P
CU
P
CUP CUP CUP 11-11-13
Telecommunications Facility CU
P
CU
P
CUP CUP CUP 11-18
Utilities Facility CU
P
CU
P
CUP CUP CUP 11-12-25
Underground Utilities Facilities CU
P
CU
P
CUP CUP CUP 11-12-25
End Note

1. Permits Required. All uses identified as permitted or “P” may require approval of one or more of the following planning applications (as well as a building permit if a new or modified structure is involved):
a. Development Plan (Section 11-16-4);
b. Zoning Clearance (Section 11-16-4)

2. Certified Farmers’ Market. A certified farmers’ market operating within public right of way or property owned by the City of Solvang shall require issuance of a special event permit, with no CUP required.

3. Mixed-Use. Multi-family residential is permitted under the following conditions:
a. Residential uses are not permitted on the ground floor of a vertical mixed-use development or facing the street frontage within horizontal mixed-use projects. b. Mixed-Use projects outside of the village design district overlay zones shall be limited to no more than 49% of the total floor area uses of proposed non-residential uses.

4. Single-Unit Dwelling. An existing single-unit dwelling is permitted including an addition or expansion consistent with underlying zoning standards with a zoning clearance. No new singleunit dwellings are permitted as of the effective date of Ordinance 24-XXX. Conversions of a single-unit dwelling into a horizontal or vertical mixed-use shall require a Conditional Use Permit approval be consistent with Footnote 3.

5. Motor Vehicle Fuel Station. No fuel may be stored above ground.

6. Outdoor Barbecues. A restaurant that utilizes an outdoor barbecue as its primary source associated with a food services on the same site licensed by the Santa Barbara County health department shall be operated pursuant to the policies and standards adopted by city council resolution.

Legend
P Permitted Use
§11-7-3 Allowable Uses and Permit Requirements
257
Table 11.6 – Commercial & Industrial Zones Allowable Uses and Permit Requirements1 Land Use LI CH CR VMU PO Specific Use
Regulations
CUP Use Permit Required
Unless a P or CUP appears in the table, the use is not allowed §11-7-3 Allowable Uses and Permit Requirements
258
§ 11-7-4 Commercial and Industrial Development Standards.

Table 11.7 – Commercial and Industrial Zones Development Standards LI CH CR VMU PO Specific
Regulations
Building Placement Requirements
Setbacks (minimum)1
Front 20’2 10’2 10’2 0’3 15’2
Side 10’ 5’ 0’ 0’3 15’
Street Side 10’ 10’ 10’ 0’3 15’
Rear
Adjacent to Residential Zone
0’
50’
0’
20’
10’
10’
0’3
10’
15’
10’
Building Form Requirements
Building Height - maximum 35’ 35’ 35’ 35’4 35’ 11-11-6/11-10A Coverage - maximum 50% 50
%
70 % 100% 40%
Distance Between Buildings 6’ 6’ 0’4 0’ 10’
Density Requirements
Residential Density (units/acre) –
maximum 20 20 20 20
FAR - maximum 0.75 0.6
5 1.0 3.0 0.65
Lot Requirements
Lot size - minimum square feet
Lot Width - minimum 50’ 50’ 50’ 50’ 50’
Other Requirements
Landscaping - minimum 10%
Fences and Screening See Section 11-11-4
Parking See Section 11-11-13
Signs See Chapter 11-13
End Notes

1. Setbacks. All setbacks shall be measured from property line.

2. Front Setback Encroachment. Open canopies, porches, roofed or unroofed, and similar accessory structures may encroach not more than six (6) feet into the front setback area, where indicated, provided that in no event shall such structures encroach upon a public street right-of-way unless an encroachment permit is issued by the city and Caltrans where applicable.

3. Setbacks for Existing Single-Unit Dwelling. Existing single-unit dwelling proposing additions or expansions in the VMU shall have a minimum front and side street setback of 15 feet, and 5 feet on the side and rear setback.

4. Architectural features. Architectural features in the VMU shall be a maximum 50 feet in height.
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§11-7-5 Additional Commercial and Industrial Zone Requirements.

A. Parking and Storage of Trailers and Recreational Vehicles. It is unlawful to store or park a trailer, recreational vehicles, boats, boat trailers, accessory trailers, stock trailers, farm, construction, industrial equipment or similar article, vehicles or device on any lot within the Village Mixed-Use Zone (VMU). This section shall not be interpreted to include vehicles legally parked in the public right-of-way, consistent with Chapter 3 of Title 7 of the Solvang Municipal Code.

B. Outdoor Storage and Trash Enclosures. Areas for trash or outdoor storage shall be enclosed and screened in such a manner as to conceal all trash or stored material from public view for all commercial and industrial uses.

C. Replacement of Landscaping. Any alteration to landscaped areas for the purpose of replacing all or a portion of the landscaped area with paving, hard surface or gravel shall first be reviewed and approved by the review authority prior to issuance a permit.

D. Landscaping and Screening for Light Industrial (LI) Zone. The following additional performance standards shall apply to the Light Industrial (LI) zone.

1. Landscape Locations. The side and rear property lines shall be landscaped with a minimum of a five (5) foot-wide planted area. When directly adjacent to a residential zone, the side and rear property lines shall be landscaped with a minimum of a ten (10) foot-wide planted area.

2. Screening from Adjacent to Properties. Where any portion of a lot abuts a lot in a residential or commercial zone, a masonry wall not less than six (6) feet in height, but no greater than eight (8) feet in height shall be erected along such abutting portion.

3. Outdoor Storage Screening. Outdoor storage areas shall be screened from view of any street by a wall with a minimum height of six (6) feet, and a maximum height of eight (8) feet. Such wall or fence shall be located no closer than five (5) feet from the property line. The space between the wall or fence and the street shall be landscaped. Outdoor storage areas shall be located either on the rear or side portions of a development. 260
Chapter 8
Public/Institutional District
§11-8-1 Purpose and intent.

The purpose of the Public/Institutional (PI) zone is intended to accommodate a variety of public and quasi-public uses, and is characterized by schools, places of assembly, hospitals, and public utility facilities, as defined on the general plan land use designation map and element. § 11-8-2 Allowable Uses and Permit Requirements.

Table 11.8 – Public/Institutional Zone Allowable Uses and Permit Requirements1
Land Use PI Specific Use Regulations
Recreation, Education & Public Assembly
Cemetery CUP
Community Gardens P
Meeting Facility, Public or Private CUP
Park, playground (public) P
Public Trails P
Public or Quasi-Public Facility P
Services
Medical Services, Hospital CUP
Office2 P
Mortuary/Funeral Home P3
Transportation & Infrastructure
Corporation Yard CUP
Parking Facility P
Telecommunications Facility CUP 11-18
Utilities Facility CUP 11-12-25
Underground Utilities Facility CUP 11-12-25

2. Office Uses. Office uses are permitted as a primary use for Public Agencies only.

3. Cremation. May include on-site cremation with a Conditional Use Permit.

Legend
P Permitted Use
CUP Conditional Use Permit Required
Unless a P or CUP appears in the table, the use is not allowed 261
§11-8-3 Public/Institutional Development Standards.

Development standards in the Public/Institutional Zone shall be determined by the review authority as part of the required planning application type.
262
Chapter 9
Parks & Open Space Zoning District
§11-9-1 Purpose and intent.

This Chapter lists the park and open space zones as established by the Zoning Map and establishes the types of land uses allowed and development standards in each park and open space zone. §11-9-2 Allowable Uses and Permit Requirements.

Table 11.10 – Park & Open Space Zone Allowable Uses and Permit Requirements1
Land Use2 P OS Specific Use
Regulations
Recreation, Education & Public Assembly
Park, playground (public) P
Public Trails P P
Community Gardens P P
Golf course CUP CUP
Public or Quasi Public Facility P
Meeting Facility Public or Private CUP
Residential
Caretaker Residence CUP
Transportation & Infrastructure
Parking Facility3 P P
Telecommunications Facility CUP CUP 11-18
Utilities Facility CUP CUP 11-12-25
Underground Utilities Facility CUP CUP 11-12-25

2. Existing Private Agriculture Use. Agriculture use on properties zoned OS as of the date of adoption of Ordinance 24-XXX, may continue whether the use is utilized by the property owner or its agents.

3. Parking Facility When Accessory Use. A parking facility that is an accessory use to a park, trail, community garden, etc, is an allowed use. Parking facilities that are a primary use are not permitted. A temporary parking facility is considered a temporary use and shall require issuance of a temporary use permit.

Legend
P Permitted Use
CUP Conditional Use Permit Required
Unless a P or CUP appears in the table, the use is not allowed §11-9-3 Parks and Open Space Development Standards.

Development standards in the Park and Open Space Zones shall be determined by the review authority as part of the required planning application type.
263
Chapter 10
Overlay Zoning Districts
§11-10-1 Purpose and intent.

This Section establishes the standards for overlay zones which apply to specific areas of the City or specific lots as approved by the Council. All overlay zones shall be established by the zoning map pursuant to Section 11-4-2 or as pursuant to this Section.

Article A
Design District Overlay
§11-10A-1. Design District Overlay Zones.

This article sets forth procedures and standards for the establishment of Design Overlay Districts throughout the City. The purpose of the Design Overlay districts includes the following:

A. Ensure that development within the overlay is in accordance with adopted Community Design Element goals, policies, and objectives within the adopted General Plan. Specifically this article implements the following:

1. Maintain and promote the “Old World Danish” design aesthetic and enhancing a high quality of life for residents, enabling the creation of business opportunities, and maintaining the design aesthetic as viewed from the public realm within the designated village area.

2. Recognize distinctive sites that exemplify the Spanish Colonial Revival structures such as Mission Santa Ines and the landmark Veterans Memorial Building on the north side of Mission Drive (Highway 246) by creating a cohesive design scheme that integrates the existing Spanish Colonial Revival style and architectural features already present within the plan area.

B. Maintain the existing character, and visual quality of existing building by ensuring new and redeveloped properties adhere to the design aesthetics established in the adopted General Plan.

C. Assist in ensuring the visual attractiveness of residential development that meets the needs of all social and economic groups consistent with the City’s adopted Housing Element while maintaining the established design aesthetic that makes Solvang and unique and inviting place to live.

D. Prevent the development of structures or uses which are not of acceptable exterior design or appearance of the established design district overlay.

E. Protect the integrity of previously attained entitlements.

F. Provide for decision maker involvement in project design and evolution of these objective standards to ensure conformity to the established design aesthetic, while adhering to new mandates
G. Facilitate the development or redevelopment of underutilized properties, reduce barriers, and accelerate housing production through the clear communication of design objectives and an efficient review process.
§11-10A-2 Establishment or Amendment of Design Districts.

A. The City Council may establish new Design Overlay districts, or change boundaries and standards of Design Overlay districts, upon recommendation of the planning commission and for the Village Design District (DD-1) and Mission Design District (DD-2) upon recommendation of the design review committee pursuant to the procedures set forth in Section 11-17-1 of this Zoning Code.
264
B. Design Overlay district boundaries shall be shown on the Zoning Map consistent with Section 11-1-2.

C. Design District Overlays Established.

1. Solvang Village Design District (DD-1), established by Ordinance 24-XXX.

2. Mission Design District (DD-2), established by Ordinance 24-XXX. §11-10A-3. Permit Requirements.

Permits shall be required consistent with Chapter 16 of this Zoning Code for uses as set forth in Chapters 6 through 9.
§11-10A-4. Site Planning Requirements.

Chapters 6 through 9 establish requirements for heights, setback, and lot requirements, unless specified in this Chapter.
§11-10A-5. Mixed-Use Projects In Design Districts.

A mixed-use project may combine residential uses with any other uses allowed in the applicable zone where allowed by the underlying zoning district. The residential component of mixed-use development is allowed at ground level where not facing the street frontage (horizontal mixed-use) and on upper stories (vertical mixed use) as specified by this Article. §11-10A-6. Village Area Design District (DD-1) Standards.

A. When Required. This Section provides standards for development projects within the established Solvang Village Design District, including the following:

1. All new structures/buildings within the established district boundary, with the exception of ADUs in conjunction with existing single-unit dwellings and properties zoned Public/Institutional;

2. Redevelopment projects that propose façade improvements greater than 500 square feet that require a building permit;

3. Additions greater than 500 square feet with the exception of existing single-unit dwellings;

4. Projects that propose an additional story or stories, with the exception of additions to single-unit dwellings;

5. All proposed re-painting of existing structures within the district, with the exception of existing single unit residences, and ADUs for single-unit dwellings.

6. All proposed re-roofs of existing structures.

B. Building Form and Design.

1. Façade.
a. All sides of new structures shall include the following façade materials. These materials may be utilized as a stand-alone, or in combination. i. Wood
ii. Faux wood material that mimics wood grain texture and colors including but not limited to trex, panels, siding, and other similar architectural grade materials.
iii. Stucco with smooth finish.
b. Unarticulated or blank walls adjacent to public right-of-way shall not run in a continuous plane of more than fifteen (15) feet without incorporating at one or more of the following:
i. An opening with transparent glazing providing views into work areas, display areas, patios, outdoor spaces, sales areas, lobbies, or similar spaces.
ii. A working door for ingress/egress.
iii. Public art.

2. Architectural Materials. The following are permitted architectural details are required on all new structures. These may be utilized as a standalone, or in combination. a. Bricks.
265
i. Red or yellow hue bricks comprised of either clay or faux veneer that mimics red/yellow hue clay bricks.
ii. Bricks shall be uniform in size.
iii. Bricks may be utilized as an accent band on a wall or series of walls. iv. Bricks utilized as accent band shall be a minimum of four (4) feet in height from finished floor elevation or to the base of required ingress/egress window, whichever is less.
b. Half-timbering.
i. All beams shall consist of wood or synthetic composite wood like materials, and concrete. Composite material shall mimic the finish grain of wood.
ii. Main beams (Balker) shall be Horizontal with a minimum width of six (6)- inches with a maximum width of eighteen (18) inches.
iii. Vertical Posts (Stolper). Shall be spaced evenly and align with the main beams (Balker). Minimum spaces shall be two (2) feet apart from each horizontal post, not to exceed eight (8) feet.
iv. Diagonal Braces (Skråbånd) shall be utilized to add visual interest. v. Timber Colors. Shall be dark colors to give the appearance of finished wood, such as including dark brown, charcoal grey, or other darker tones. vi. Pattern. Timbers may be placed in a vertical, horizontal, or diagonal pattern to create a grid or crisscross appearance.
c. Stone or cobbles.
i. Stones such as limestone, fieldstone may be utilized. Faux stone shall be permitted if the material mimics appearance of natural stone. ii. Cobble stone may be utilized on walkways or other synthetic materials.

Cobble stone shall range in shapes with diameter minimum of four (4) inches to a maximum of four (4) inches, as approved by the City Engineer, and meets ADA requirements.
iii. Stone or cobble stone utilized for accent bands shall consist of no more than 30 percent of surface of wall plane facing a public right of way or alleyway.
iv. Mortar utilized in stone or cobble application shall be in a color that complements the stone.

3. Building Mass and Height.
a. Measure of Height for structures. Measurement of floors and structure height shall consist of the following within the Design District:
i. Building height shall be measured from finished floor area to the top of plate for habitable spaces, and shall not exceed thirty-five (35) feet in height.
ii. Architectural appendages and roofing may extended up to five (5) feet beyond the maximum height.
iii. Architectural features of structures such as windmills, bell towers, steeples, and other similar features, shall not exceed fifty (50) feet consistent with Section 11-7-4.
iv. Minimum first floor height shall be twelve (12) feet, as measured from finished floor, with a maximum of fifteen (15) feet for multi-story buildings for mixed-use projects.
v. Minimum floor height for residential projects shall be ten (10) feet. vi. Elevator shaft or stairway. An elevator or stairway to a rooftop deck/upper story open space that is no more than 100 square feet in area and set back from any building edge by at least five feet may exceed the maximum height limit by up to eight (8) feet. 266
Example of Measurement of Heights
b. Overhangs. Structures that are two stories and above that extend beyond the lower floors (jettying) shall adhere to the following:
i. Extend a minimum of twelve (12) inches from the first floor, not to exceed twenty-four (24) inches as measured from the edge of the first-floor façade.
ii. Decorative brackets. The use of decorative brackets shall be spaced at a minimum of twenty-four (24) inch intervals.

4. Roofing
a. Decorative Brackets. Use of decorative brackets to support eaves is encouraged.

Materials shall consist of decorative wood consistent with this chapter. b. Eves. Eaves shall extend a minimum of twelve (12) inches to a maximum of eighteen (18) inches.
c. Ridge caps. The use of decorative ridge caps to enhance the roofline is encouraged.
d. Roof Form and Structure. Roofs shall have a minimum pitch of 30 degrees with a maximum pitch of 60 degrees.
e. Roofing Materials. Roofing materials shall consist of the following. i. Clay Tiles, either red or orange hues.
ii. Slate Tiles, either red, orange hues, or natural stone color. iii. Architectural grade asphalt composition that mimics the appearance of traditional roofing materials that contain dimensionality and color variation.
iv. Variation and dimensionality. Layering may also be utilized to create dimensionality and color variation.
v. Metal. Shall be constructed of panels that include Standing Seams, matte color either red, orange hues, or natural stone color. vi. Synthetic Thatched Roof.
f. Rooflines shall be vertically articulated at a maximum of fifty (50) foot intervals along the street frontages through the use of the following:
i. A change in roof height.
ii. A change in roof pitch
iii. Use of a dormer, gables, parapet, or chimney.

5. Windows.
a. Decorative elements. Decorative elements are encouraged including but not limited to mullion patterns such as diamond or grid layouts. The use of 267
bars/dividers are also encouraged. If bars/dividers are utilized, the following standards shall be applicable.
i. Divider/Bars shall be proportionally spaced, dividing windows into smaller panes in either six over six (6:6) or eight over eight (8:8) design schemes.
ii. Minimum divides/bars shall have a minimum depth of six (6) inches. b. Placement. Windows shall be placed symmetrically on the façade and adhere to the following spacing standards:
i. Spaced a minimum of twelve (12) inches.
ii. Windows shall be located a minimum of twenty-four (24) inches from corners of buildings.
iii. Vertical distance between the tops of the windows on one floor and the bottoms of the windows on the floor above should be at least twelve (12) inches.
c. Proportions. Windows shall have a height-to-width ratio of 2:1 to 3:2, reflecting traditional proportions.
d. Trim. Use of Trim shall consist of wood or molding that compliments and contrasts from the selected building color. Trim shall be a minimum depth of six (6) inches.

6. Ornamental Details.
a. Balconies. Balconies may be utilized on second stories and above with the following standards:
i. Width of balcony shall be a minimum of three (3) feet, with a maximum width of six (6) feet.
ii. Railing height shall have a maximum height of forty-two (42) inches if balcony is utilized as outdoor space. A minimum height of thirty (30) inches for railings not utilized as outdoor space. iii. Balconies shall have a minimum twelve (12) inch projection from the façade.
iv. Railing design shall consist of wrought iron, or powder coated steel/aluminum that mimic the appearance of wrought iron. v. Baluster spacing shall be no greater than four (4) inches apart. vi. Placement of balcony(ies) shall be centered on the facade, aligning with other architectural elements including windows and doors. b. Chimneys. Chimneys may be utilized with the following standards:
i. Shall extend a minimum of three (3) feet above the roof line. ii. Minimum width of a chimney shall be two (2) feet for residential structures and four (4) feet for commercial/mixed-use structures. iii. Minimum depth shall be eighteen (18) inches.
iv. Position chimneys shall either be at the center of a roof line or at the gable ends of the building.
v. Stone or brick materials shall be utilized for the façade of the chimney.
vi. Decorative caps shall be utilized. Metal caps shall be permitted.

C. Lighting. Exterior structure lighting shall adhere to the following standards.

1. Design. Lighting fixtures shall complement building design.

2. Shielded fixtures. Fully shielded fixtures shall be utilized that direct light downward and prevent light from escaping upward.

3. Fixtures on buildings. Light fixtures shall be limited to a maximum height of fifteen (15) feet or the height of the building, whichever is less.

4. Lighting Type. Outdoor lighting shall utilize energy-efficient fixtures/lamps such as lightemitting diodes (LED), compact fluorescent lamp (CFL) lights, or other energy-efficient fixtures.

5. Height. Outdoor lighting affixed to poles shall not exceed fifteen (15) feet in height, or meet minimum height for consistency with the Building Code, whichever is less. 268

6. Pathway and Walkway lighting. Bollards with downward-facing lights to illuminate paths without causing glare or skyglow shall be utilized.

D. Landscaping and Open Spaces. Developments are required to meet minimum landscaping and open space standards set forth in Section 11-7-4. The following shall also be applicable.

1. Developments greater than 15,000 square feet in gross floor area shall be required to incorporate publicly accessible outdoor spaces which include a minimum of two (2) of the following:
a. Shaded seating areas;
b. Public art;
c. Dining areas oriented towards the public right-of-way; d. Other public amenities in courtyards consistent with proposed building design.

2. Private Residential open spaces. Development projects with proposed residential development shall include a minimum of 60 square feet of private open space. Minimum dimension, width or depth, of any private residential open space shall be five (5) feet.

The private open space shall be accessible from within the unit and may include patio areas, balconies, and decks, but not stairs, entrance decks, stoops, and/or landings. a. Conversion of Existing Commercial Space to Residential. Conversion of existing commercial spaces (either commercial or storage occupancies) that is converted to residential units within the DD-1 overlay, does not require private open space.

3. Common Residential Open Space. Common residential open space may be utilized to meet private residential open space requirements. The following standards shall be applicable:
b. Minimum dimension, width or depth, of any common residential open space area shall be fifteen (15) feet.

E. Parking and Vehicle Access.

1. Vehicle access shall be located on alleys and side streets where available.

2. Except for driveway access, off-street parking, off-street vehicle loading, and vehicular circulation areas is prohibited between the building and the primary street frontage.

3. In the drive aisle, decorative materials such as pavers or scored or colored concrete shall be required from the back of sidewalk for a minimum of five feet in depth.

4. Driveway Curb Cuts. Curb cuts shall not exceed one curb cut for every 50 feet of street frontage.

F. Pedestrian Access and Circulation.

1. Primary Pedestrian Entrance. For all residential and nonresidential uses, at least one primary entrance to a ground-floor use shall face the primary street frontage. Individual residential entries may face a secondary/side street or be accessed through the interior of the building. On corner parcels, the primary entrance may face the street corner of the primary street and a secondary street.

2. Required Pedestrian Connections. An internal system of pedestrian walkways shall be designed to provide direct access connections to and between the following:
a. Entrances to each primary structure;
b. Off-street parking areas or parking structures;
c. All site amenities or public gathering spaces; and
d. The public sidewalk system along the perimeter streets abutting the development.

3. Minimum Walkway Width. Internal walkways shall be a minimum of six (6) feet wide where located adjacent to any common open space areas. Internal walkways elsewhere on the property shall be a minimum of four feet wide.

4. Walkways through Vehicle Areas. At each point that the on-site pedestrian walkway system crosses a parking lot, internal street, or driveway, the walkway or crosswalk shall be clearly marked by a change in paving materials distinguished by color, texture, or height.

G. Trash Enclosures and Screening. Solid waste and recycling enclosures shall be articulated consistent with the structure design and are screened from the public-right of-way. 269
H. Colors. Façade colors shall utilized approved color palettes contained in the adopted Design Handbook. Alternative colors may be approved by the planning commission with recommendation by the design review committee.

I. Alternative Compliance. Design standards are not intended to limit creative solutions. Requests for alternative compliance through Section 11-10A-8 Modification to Standards process may be accepted for any application to which these standards apply. §11-10A-7. Mission Design District (DD-2) Design Standards.

A. This Section provides standards for development projects within the established district including the following:

1. All new structures/buildings within the established district boundary, with the exception of ADUs in conjunction with existing single-unit dwellings and properties zoned Public/Institutional where no such design scheme exists;

2. Redevelopment projects that propose façade improvements greater than 500 square feet that require a building permit,

3. Additions greater than 500 square feet with the exception of existing single-unit dwellings;

4. Projects that propose an additional story(ies), with the exception of additions to existing dwelling units.

B. Building Form and Design.

1. Façade.
a. All sides of new structures shall include smooth or lightly textured stucco. b. Colors shall be earthtones.
c. Unarticulated or blank walls adjacent to public right of ways and street frontage shall not run in a continuous plane of more than fifteen (15) feet without incorporating at least one of the following:
i. An opening with transparent glazing providing views into work areas, display areas, patios, outdoor spaces, sales areas, lobbies, or similar spaces.
ii. A working door for ingress/egress;
iii. Public art;
iv. Arcade or Arch.

2. Architectural Materials. The following is a menu of architectural details, of which one or more is required on all new structures. These may be utilized as a stand-alone, or utilized in combination.
a. Wrought Iron. Wrought iron may be utilized as decorative materials on the exterior of building, including but not limited to window grilles, balconies, railings, light fixtures. The following standards are applicable:
i. Finish. Black, dark bronze or natural patina finish shall be utilized. ii. Repetition of Design. Use of motifs and patterns across various ironwork elements (e.g., gates, grilles, railings) shall be utilized. iii. Height. Railings height shall be a minimum of thirty-six (36) inches.

Maximum height shall be forty-two (42) inches.
iv. Spacing. Baluster spacing shall be even, with a maximum spacing of four (4) inches between balusters.
v. When used in conjunction with windows, wrought iron shall be securely anchored and integrated with window design and shall not be placed on designated ingress/egress windows.
b. Tile. Use of tiles is encouraged as for use in stair risers, baseboards, accent walls and niches. The following standards are applicable. i. Material. Ceramic or terra cotta tiles shall be utilized. ii. Color. Tile colors shall consist of earthy tones (terracotta, ochre, brown), vibrant blues, yellows.
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iii. Patterns. Use of patterns including geometric designs, floral motifs, and traditional Spanish or Moorish-inspired patterns, is encouraged. iv. Tiles utilized in baseboards shall have a minimum height of two (2) includes from the finished floor elevation, with a maximum of eight (8) inches in height.
v. Tiles are encouraged to create focal points or highlight architectural features, such as alcoves or archways.
c. Wood. The use of wood adds, texture, and authenticity to the building's facade.

The following standards are applicable.
i. Wood material such as Cedar, redwood, treated pine, or faux wood material that mimics wood grain texture and colors including but not limited to trex, panels, siding, and other similar architectural grade materials shall be utilized.
ii. Wood utilized as columns and posts shall have a minimum diameter of eight (8) inches, not to exceed twelve (12) inches in diameter or width, unless required by the California Building Code. iii. Columns and posts shall be spaced evenly.
iv. Decorative corbels and brackets are encouraged.

3. Building Mass and Height.
a. Measure of Height for structures. Measurement of floors and structure height shall consist of the following for properties zoned VMU:
i. Building height shall be measured within the Mission Design District from finished floor area to the top of plate for habitable spaces, and shall not exceed thirty-five (35) feet in height.
ii. Architectural appendages shall not exceed more than five (5) feet beyond the maximum height.
iii. Architectural features of structures such as bell towers, etc., shall not exceed fifty (50) feet.
iv. Minimum first floor height shall be twelve (12) feet. v. Elevator shaft or stairway. An elevator or stairway to a rooftop deck/upper story open space that is no more than 100 square feet in area and set back from any building edge by at least five feet may exceed the maximum height limit by up to eight feet.

Example of Measurement of Height
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4. Roofing
a. Eaves. Eaves shall extend a minimum of twelve (12) inches to a maximum of twenty-four (24) inches.
b. Soffits. The use of soffits is encouraged. Soffits shall be open or covered with wood plank or stucco.
c. Roof Form and Structure. Roofs shall have a minimum pitch of 20 degrees with a maximum pitch of 45 degrees.
d. Materials. Roofing materials shall consist of the following. i. Clay or terracotta.
ii. Concrete tiles that mimic the design of traditional clay tiles. iii. Metal tiles that mimic the design of traditional clay tiles. iv. Fiber cement tiles that mimic the design of traditional clay. v. All roofing material shall be red, orange, or brown hues. a. Shape. Round or “S” shape tiles (mission/barrel).
b. Rooflines shall be vertically articulated at a maximum of fifty (50) foot intervals along the street frontages through the use of the following:
i. A change in roof height.
ii. A change in roof pitch
iii. Use of a dormer or gables.

5. Windows.
a. Shape. Windows shall be rectangular or arched.
b. Trim. Use of Trim shall consist of wood or molding that compliments the selected building color. Trim shall be a minimum depth of six (6) inches.

6. Ornamental Details.
a. Arches and Arcades. The use of arches and arcades is encouraged. b. Balconies. Balconies may be utilized on second stories and above with the following standards:
i. Width of balcony shall be a minimum of three (3) feet, with a maximum width of eight (8) feet.
ii. Railing height shall have a maximum height of forty-two (42) inches. iii. Balconies shall have a minimum twelve (12) inch projection from the façade.
iv. Railing design shall consist of wrought iron, or powder coated steel/aluminum that mimics the appearance of wrought iron. v. Baluster spacing shall be no greater than four (4) inches apart. vi. Placement of balcony(ies) shall be centered on the facade, aligning with other architectural elements including windows and doors.

C. Lighting. Exterior structure lighting shall adhere to the following standards.

1. Design. Lighting fixtures shall complement building design.

2. Shielded fixtures. Fully shielded fixtures shall be utilized that direct light downward and prevent light from escaping upward.

3. Fixtures on buildings. Light fixtures shall be limited to a maximum height of fifteen (15) feet or the height of the building, whichever is less.

4. Lighting Type. Outdoor lighting shall utilize energy-efficient fixtures/lamps such as lightemitting diodes (LED), compact fluorescent lamp (CFL) lights, or other energy-efficient fixtures.

5. Height. Outdoor lighting affixed to poles shall not exceed fifteen (15) feet in height, or meet minimum height for consistency with the Building Code, whichever is less.

6. Pathway and Walkway lighting. Bollards with downward-facing lights to illuminate paths without causing glare or skyglow shall be utilized.

D. Landscaping and Open Spaces. Developments are required to meet minimum landscaping and open space standards set forth in Section 11-7-4. The following shall also be applicable. 272

1. Developments are encouraged to include courtyards and gathering spaces.

Developments greater than 15,000 square feet in gross floor area shall be required to incorporate outdoor spaces which include some or all of the following:
a. shaded seating areas;
b. Paseos;
c. Courtyards;
d. Patios;
e. Gardens.

2. Private Residential open spaces. Development projects with proposed residential development shall include a minimum of eighty (80) square feet of private open space.

Minimum dimension, width or depth, of any private residential open space shall be five (5) feet. The private open space shall be accessible from within the unit and may include patio areas, balconies, and decks, but not stairs, entrance decks, stoops, and/or landings.

3. Common Residential Open Space. Common residential open space may be utilized to meet private residential open space requirements. The following standards shall be applicable:
a. Minimum dimension, width or depth, of any common residential open space area shall be fifteen (15) feet.

E. Parking and Vehicle Access.

1. Vehicle access shall be located on alleys and side streets where available.

2. Except for driveway access, off-street parking, off-street vehicle loading, and vehicular circulation areas are prohibited between the building and the primary building frontage Pedestrian Access.

3. In the drive aisle, decorative materials such as pavers or scored or colored concrete shall be required from the back of sidewalk for a minimum of five (5) feet in depth.

4. Driveway Curb Cuts. Curb cuts shall not exceed one curb cut for every fifty (50) feet of street frontage.

F. Pedestrian Access and Circulation.

G. Trash Enclosures and Screening. Solid waste and recycling enclosures shall be articulated consistent with the structure design and are screened from the public-right of-way.

H. Alternative Compliance. Design standards are not intended to limit creative solutions. Requests for alternative compliance through Section 11-19-5 Modification to Standards process may be accepted for any application to which these standards apply. §11-10A-8. Modification to Standards.

A. Purpose. This purpose of this Section is to provide the flexibility necessary to allow for deviations or exceptions from these objective design standards applicable to development to respond to unique conditions of a property or project or to the conditions on adjacent properties, 273
that constitute a reasonable use or development of a property that will be compatible with surrounding uses and development.

B. Applicability. An application for Modification to Standards may only be submitted for the following:

1. Decrease of up to ten (10) percent in the dimensions that are stated.

2. For additions and alterations to existing buildings, an alteration, relief, or substitution required by an objective design standard listed in Chapter 10, Article A.

3. For new buildings, an alteration, relief, or substitution required by an objective design standard listed in Section Chapter 10, Article A.

C. Review Authority. The planning commission is authorized to approve, conditionally approve, or deny Modification to Standards seeking any type of exception from objective design standards.

The design review committee shall provide a recommendation to the planning commission on any such modifications.

D. An application for a Modification to Standards shall be prepared, filed, and processed in compliance with Section 11-16-1.

E. Approval. A modification to standards shall be approved only after the review authority makes all of the following findings:

1. The Modification to Standards is consistent with the purpose, intent, goals, policies, programs, and land use designation of the General Plan, and Zoning Code.

2. The Modification to Standards will not be detrimental to the health, safety, or general welfare of the persons within the vicinity.

3. For exceptions to objective design standards, the Modification to Standards will result in a superior design approach suited to the type of development, circumstances at the property or adjacent property(ies), and/or constitutes a reasonable design solution that improves compatibility with surrounding development.

Article B
Planned Development Overlay
11-10B-1 Planned Development Overlay Zones.

A. Purpose. The Planned Development (PD) Overlay zone may be applied to any area of the city for the purpose of facilitating better designed projects (e.g., innovative site planning, superior architectural design) by allowing flexible and relaxed development standards. The proposed development shall demonstrate that the development is of significantly higher quality than would be achieved through the application of the city’s standard development standards.

B. Applicability. A PD Overlay zone shall occur concurrently with the approval of a specific project.

All PD Overlay zones adopted by the Council shall be shown on the Zoning Map and shall be subject to the site-specific development standards provided in the PD Overlay zone.

C. Review Authority. The Council is authorized to approve and amend Planned Development Overlays to ensure compliance with the Solvang Municipal Code, General Plan goals, policies, and implementation measures, and State law. Any amendments shall be processed in accordance with Chapter 17.

D. Relationship of PD Overlay to Underlying Zoning District.

1. Allowable land uses. Any use or combination of uses allowed by Chapters 5 through 9 of this zoning code within the applicable zone may be established within the PD Overlay zone, subject to any additional limitations on specific land uses provided by the PD Overlay as adopted. No PD Overlay shall allow a use that is not allowed in the applicable zone.

2. Permit Requirements. Development and new uses within the PD Overlay zone shall 274
approval as required by Chapter 16 of this Zoning Code for uses set forth in Chapters 5 through 9 of this zoning code.

3. Site planning and project development standards. Development and new land uses within the PD Overlay shall comply with all applicable development standards of the zone, except as specifically modified, waived, or augmented by the PD Overlay zone.

E. Deviations From Adopted Standards. The application of the PD Overlay zone to property may include the adjustment or modification, where necessary and justifiable, of any applicable development standard of this Zoning Code (e.g., building height, floor area ratio, lot size, parking, setbacks, etc.).

F. Mandatory Project Features. The City Council may approve PD Overlay zone for a project that incorporates at least one of the following features. If a project is proposed to be constructed in phases, the Council shall determine when the project feature is completed.

1. A minimum of 20 percent of the residential units within the project are affordable to households of very low, low or moderate incomes. (See additional requirements of Section 11-11-16 State Density Bonuses/Affordable Housing and Concessions/Incentives).

2. The project will provide a substantial public amenity, for example, a public plaza, a public park, or a similar improved open space feature, including provisions for guaranteed longterm maintenance not at the expense of the City.

3. The project will preserve, enhance, and/or create a significant natural feature.

G. Findings for Approval. The Council may approve a PD Overlay zone after making the following findings:

1. The project is consistent with the General Plan, any applicable specific plan, any applicable design district overlay, and the proposed land use is allowed within the applicable zone;

2. The project complies with all applicable provisions of this Zoning Code other than those modified by the PD Overlay rezoning;

3. The approved modifications to the development standards of this Zoning Code are necessary and appropriate to accommodate the superior design of the proposed project, its compatibility with adjacent land uses, and its successful mitigation of environmental impacts;

4. The project complies with all applicable adopted objective design standards;

5. All affected public facilities, services, and utilities are adequate to serve the proposed project;

6. The location, size, site planning, building design features, and operating characteristics of the project are highly suited to the characteristics of the site and surrounding neighborhood, and will be compatible with the character of the site, and the land uses and development intended for the surrounding neighborhood by the General Plan;

7. The site is adequate for the project in terms of size, configuration, topography and other applicable features, and has appropriate access to public streets with adequate capacity to accommodate the quantity and type of traffic expected to be generated by the use; and

8. The establishment, maintenance, or operation of the proposed project will not, in the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity of the proposed use or detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City.

Article C
Specific Plans
§11-10C-1 Specific Plans Overlay Zones.
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A. Purpose. The Specific Plan (SP) Overlay zone may be applied to any area of the City for the purpose of facilitating better designed projects (e.g., innovative site planning, superior architectural design) by allowing flexible and relaxed development standards. The proposed development shall demonstrate that the development is of significantly higher quality than would be achieved through the application of the City’s standard development standards.

B. Applicability. A SP overlay rezone shall occur concurrently with the approval of a project. All Specific Plan Overlay zones adopted by the Council shall be shown on the Zoning Map and shall be subject to the site specific development standards listed in the Specific Plan.

C. Review Authority. The Council is authorized to approve specific plans, upon recommendation from the planning commission, to ensure compliance with the Solvang Municipal Code, general plan goals, policies, and implementation measures, and State law.

D. Specific Plan Overlay Zones Established.

1. Village Estates, Specific Plan (SP-2), established by Ordinance 91-122. 276
Chapter 11
Site Development and General Development Standards
§11-11-1 Purpose and Intent.

A. Purpose. This Chapter expands upon the zoning standards of Chapters 5 through 10 by addressing additional details of site planning, project design, and the operation of land uses.

The intent of these standards is to ensure that proposed development is compatible with existing and future development on neighboring properties, and produces an environment of desirable character, consistent with the General Plan.

B. Applicability. The requirements of this Chapter shall apply to all proposed development and new land uses, except as specified in Chapter 17 (Non-Conforming Structures and Uses), and shall be considered in combination with the standards for the applicable zone in Chapters 5 through 9 and those in Chapter 12 (Supplemental Regulations). If there is a conflict between any standards, the provisions of Chapter 11 control over Chapters 5 through 9, and the provisions of Chapter 12 control over Chapters 5 through 9 and 11.
§11-11-2 Archaeological Resources.

A. All available measures, including but not limited to purchase of the site, tax relief, purchase of development rights, etc., shall be explored to avoid development on historical sites or structures, prehistoric, archaeological and other classes of cultural sites.

B. When developments are proposed for parcels where archaeological, historical sites or structures, or other cultural sites are located, project design shall be required which avoids impacts to such cultural sites if possible.

C. When sufficient planning flexibility does not permit avoiding construction on archaeological, historical sites or structures, or other types of cultural sites, adequate mitigation shall be required. Mitigation shall be designed in accord with guidelines of the State Office of Historic Preservation and the State Native American Heritage Commission.

D. Native Americans Tribes, or the most likely descent as identified by the State of California Native American Heritage Commission shall be consulted when development proposals are submitted which impact significant archaeological sites, historical sites or structures, or cultural sites.
§11-11-3 Exterior Lighting.

All exterior lighting shall be used to illuminate areas to provide nighttime safety and security while conserving energy, protecting the night sky, minimizing glare and light trespass, and shall not be directed toward any area zoned or developed for residential, mixed use or lodging uses. Architecturally attractive exterior lighting will protect the beauty of Solvang's natural setting, and enhance its Danish/Northern European architecture and small town character.

A. All exterior lighting fixtures shall be fully shielded (full cutoff), except in the interest of safety.

Light fixtures shall be positioned to prevent distribution of light above the horizontal plane of the highest point of a structure. Pole height and fixtures shall be appropriately scaled for site and use. Closer spacing and/or lower lumen lamps may be required.

1. Exterior lighting shall be architecturally compatible with the character of the city and its neighborhoods and in scale with pedestrians and architecture. Old world lantern style fixtures shall be used in the Design District 1 Overlay Zone (DD-1), as approved by the review authority, except when outside agencies have jurisdiction (e.g., CalTrans).

2. Motion detection sensors and/or timers are recommended to keep lights off when not needed.

3. Year round low lumen lights (strings) illuminating buildings, architectural features, trees and other permanent landscape feature lighting in the city's village area shall be exempt from the requirements of this subsection.
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4. Temporary lights used for holiday decoration shall be exempt from the requirements of this subsection.

B. Lighting shall be designed so as not to interfere with vehicular traffic on any portion of a street.

C. Lighting shall conform to permit requirements.

D. The review authority shall review proposed lighting pursuant to the requirements of this zoning code.

E. In the absence of clear direction, the planning manager is charged to make a final determination as to what constitutes appropriate exterior lighting.
§11-11-4 Fences, Walls and Gateposts.

In all zones, fences and walls of six (6) feet or less and gateposts of eight (8) feet or less in height are not considered structures, and may be located in the required front, side or rear yard except that corner lots must meet the vision clearance requirements in section 11-11-10.

A. A maximum of 10% of the total linear length of a wall or fence may be allowed to exceed six (6) feet in height without requiring a conditional use permit, where topographic or other unavoidable conditions will destroy its architectural integrity if held to six (6) feet in height for its entire length.

B. In all zones, fences and walls of more than six (6) feet and gateposts of more than eight (8) feet in height may be permitted in the required front, side or rear yard only under a Conditional Use Permit as provided in section 11-16-6 of this Zoning Code.

C. The height of walls, fences or gateposts shall be determined by measurement from the natural grade at the lower side of the fence, wall or gatepost. §11-11-5 Flood Hazards.

The intent of the flood hazard development standards is to avoid exposing new developments to flood hazards and to reduce the need for future flood control protective works and resulting alteration of stream and wetland environments by regulating development within the Federal Emergency Management Agency (FEMA) designated floodplains.

A. All development, including construction, excavation and grading, except for flood control projects and nonstructural agricultural uses, shall be prohibited in the floodway, as determined by the city engineer and county flood control, unless off-setting improvements in accordance with Federal and State regulations are provided. If the proposed development falls within the floodway fringe, development may be permitted, provided creek setback requirements are met and finish floor elevations are above the projected flood elevation as specified in the federal flood insurance rate maps (FIRM).

B. Permitted development shall not cause or contribute to additional flood hazards. §11-11-6 Height Limits.

A. Measurement of Building or Structure Height. The allowable height shall be measured as the vertical distance from the average level of the highest and lowest point, measured from natural grade within the building pad area to the topmost portion of the building or structure including structural framing and roof covering material. Continuous decorative roof elements, railings, and other elements shall be included in the maximum building height.

B. Definition of Measurement of Heights.

1. Natural grade shall mean the original condition of the ground surface as it existed prior to mechanical grading or disturbance. Where the original condition of the ground surface cannot be determined, a topographic survey of the property shall be prepared by a 278
registered civil engineer or licensed land surveyor indicating the approximate original condition of the ground surface of the site as can best be determined from record and survey data.

2. Average natural grade shall mean the average elevation of the natural grade based upon twelve points of measure along the perimeter of the building prior to any cut and fill. Each point of measure shall be located first, at every corner of the building and second, every thirty (30) feet along continuous walls with lengths over fifty (50) feet.

3. A “corner” shall mean a change in the wall plane of thirty (30) degrees or more.

However, if a building has more than twelve (12) corners, then each corner shall be a point of measure regardless of the twelve-point requirement. The points shall be determined by starting at the most northerly corner of the building or structure as determined by magnetic north then moving clockwise around the building or structure.

C. Calculation Formula. The following formula shall be utilized for calculating Average Natural Grade: (Elevation of point A + Elevation of point B) ÷ the number of points = Average Natural Grade.

D. Requirement to provide calculations. For projects requiring a building permit, the following shall be provided:

1. Plans shall include the calculations determining the average natural grade for the property, including the locations and elevations of the natural grade elevation points around the perimeter of the building footprint.

2. Certification by the applicant’s design professional that the topographic map accompanying the building permit shows natural grade as defined in this section.

3. A certification by the applicant’s civil engineer or licensed land surveyor that, at the time of the roof framing inspection, the height of the building does not exceed the allowable height as specified in this Section. Such certification shall be accompanied by survey notes or other similar data to permit verification of the calculations by a third party.

E. Height Measurements for Basements. When a building includes a basement, as defined in this Code, the height of the building shall be measured as described in subsection (A) of this Section. Where a home with a basement includes a lightwell, stairwell, driveway access, or other excavated feature, the height shall be measured from that point on the building where the natural grade would be if the lightwell or other excavated feature were not developed. 279
F. Exceptions to Height Limitations.

1. Architectural features. A steeple, tower, cupola, monument, or similar unoccupied architectural feature may exceed the height limit by up to five (5) feet subject to review authority approval. Architectural features that exceed the height limit and are greater than five (5) feet require Conditional Use Permit approval.

2. Chimney or vent. A chimney or vent may exceed the maximum height of the applicable zone if required to meet Building Code requirements.

3. Mechanical equipment. Rooftop mechanical equipment and related architectural screening may exceed the height limit by up to five (5) feet, subject to Review Authority approval.

4. Elevator shaft or stairway. An elevator or stairway to a rooftop deck/upper story open space that is no more than 100 square feet in area and set back from any building edge by at least five (5) feet may exceed the maximum height limit by up to eight (8) feet subject to approval of the review authority.

5. Telecommunications Facilities. The height of telecommunications facilities, including antennas, poles, towers, and necessary mechanical appurtenances shall comply with Chapter 18 of the zoning code.
§11-11-7 Hillside Development.

A. In zones designated as park and/or open space on the zoning map, the height, scale and design of structures shall be compatible with the character of the surrounding natural environment, except where technical requirements dictate otherwise. Structures shall be subordinate in appearance to natural landforms, shall be designed to follow the natural contours of the landscape, and shall be sited so as to not intrude into the skyline as seen from public viewing places.

B. Hillside development shall be designed in such a manner as to maintain the natural visual character of the hillsides by integrating architecture and landscaping into the hillside setting; minimize grading impacts; architecturally integrating any structures within the prominent ridge lines; encourage the contouring of manufactured slopes to blend with natural slopes; encourage the use of innovative designs which adapt to the natural topography; encourage the blending of colors and materials with the hillside environment; and provide for the planting of slopes with appropriate vegetation.
§11-11-8 Hours of Construction.

A. Hours of Construction. Hours of construction shall be limited to seven-thirty (7:30) a.m. to fivethirty (5:30) p.m. weekdays. No construction shall be allowed on Saturday, Sunday, or state or national holidays except as approved in writing by the planning manager, or their designee, or in the case of an emergency for the immediate preservation of life, health, or property.

B. Construction by Individual Property Owner/Tenant. Notwithstanding the subsection A, an individual property owner or tenant alone (not including any volunteer or paid construction crew), in addition to the above permissible hours of construction, may also construct, repair, or remodel his or her real property or any structure on such property, pursuant to obtaining the required permits, during the hours of five-thirty (5:30) p.m. to eight (8:00) p.m. on weekdays and eight (8:00) a.m. to eight (8:00) p.m. on Saturday, Sunday and state and national holidays.

C. Effect Beyond Property Line. All noise or sounds associated with the construction, gardening and/or maintenance activities of said property shall not create any inconvenience or annoyance to the general public beyond the boundary lines of the property, whether completed by the owner, tenant, or property caretaker.
§ 11-11-9 Landscaping
A. Minium Landscape Coverage. All projects shall meet the minimum landscape coverage for lot areas established in Chapters 5 through 9.
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B. Determination of Landscape Coverage Area.

1. Location. Landscaped areas shall be prioritized within required front and street side setback areas and in other areas visible from the public right of way.

2. Plant Material. Landscaped areas shall primarily consist of grass, annuals, perennials, groundcover, shrubs, trees, and other living vegetation.

3. Non-Plant Material. Landscape coverage areas may include permeable or pervious nonplant materials including: gravel, inorganic and organic mulches, modular paving units set on sand, embellished permeable pavers, and decks as approved by the City Engineer.

C. Requirements for plant materials.

1. Size at time of planting. Plant materials shall be sized and spaced to achieve immediate effect and shall not be less than a 15-gallon container for trees and one-gallon container for shrubs, perennials, vines, and mass planting, unless otherwise approved by the Review Authority on the basis that the alternate size will achieve the desired immediate and/or long-term effect equally well.

2. Trees. Tree planting shall comply with the following standards. a. Trees in landscape planters less than 10 feet in width or located closer than five feet from a permanent structure shall be planted with root barriers or root barrier panels to prevent damage to adjacent structures or pavement as approved by the City Engineer.
b. Street trees in non-residential zones shall be a minimum of 24-inch box size and provided along all public frontages.
c. Street trees in residential zones shall be a minimum of 15-gallon size and provided along all public and private street frontages.

3. Groundcover shall be provided throughout the landscaped area and shall be spaced to achieve full coverage within one year.

4. Use of turf (grass) is discouraged in commercial and industrial zones.

5. Landscaped areas, other than lawn or groundcover, shall be top dressed with a bark chip mulch or approved alternative to avoid exposed bare soil.

D. Maintenance of Landscape Areas.

1. All landscaping (e.g., ground cover, hedges, shrubs, and trees) shall be maintained at all times. This section may be waived if the City is in a State or City-mandated drought water emergency.

2. Irrigation systems and their components shall be maintained in a fully functional manner.

3. Landscaping shall be kept clean and free of debris, litter, and weeds.

4. All dead or decaying material shall be replaced with new material within 30 days of notice by the Department.

5. All fences and walls which have been incorporated into an approved landscaping plan shall be regularly maintained.
§ 11-11-10 Intersection Vision Clearance
In all districts zones, a vision clearance of not less than ten (10) feet shall be provided on all corner lots, as determined by the city engineer.
§11-11-11 Property Setbacks
A. General Setback Regulations.

1. Every part of a setback shall be unobstructed from the ground to the sky, except as otherwise provided in this zoning code and except for the ordinary projection of sills, buttresses, cornices, chimneys, eaves and ornamental features but in no case shall such projections exceed three feet. This subsection does not apply to accessory structures in residential zones placed in the side-yard or rear-yard in compliance with the requirements of section 11-12-2.

2. Fire escapes, balconies and unroofed and unenclosed porches, stairways, or landings may extend into the front or rear yard setback four feet and into a side yard setback 281
three feet when constructed and placed as not to obstruct light or ventilation of buildings or ready use of said yards for ingress or egress.

3. In any area where a building can be legally constructed on or closely adjacent to the right-of-way line of a public street, eaves and roof overhangs, sills, belt courses, fire escapes, balconies and unroofed and unenclosed porches may project into a street right-of-way no more than thirty (30) inches; provided that all such encroachments shall be at least eight feet above any area used by pedestrians, and at least fourteen (14) feet above any area used for vehicular traffic; and provided further, an encroachment permit is issued for such projections.

B. Through, Corner, Interior and Odd Shaped Lots.

1. Through Lots. The side yard setbacks shall extend the full depth of the lot between the street lines and there shall be two front yard setbacks for the purpose of computing setbacks.

2. Odd Shaped Lots. In the case of odd shaped lots, the planning manager shall determine the required setbacks, which widths and depths shall approximate as closely as possible the required widths and depths of corresponding setbacks on rectangular lots in the applicable zone.
§ 11-11-12 Off-Street Loading Standards.

A. Purpose. All uses requiring the receipt or distribution by vehicles or trucks of material or merchandise shall provide off-street loading and unloading areas to handle the volume of truck traffic and loading requirements.

B. Requirements. At a minimum, one (1) loading space shall be provided for all commercial and industrial buildings in excess of 10,000 square feet plus one (1) additional space for every additional 20,000 square feet of floor area.

1. Multi-Tenant Buildings. The gross floor area of the entire building shall be used in determining spaces for multi-tenant buildings. A common loading area may be required if each tenant space is not provided with a loading area. Drive-in roll-up doors for multitenant industrial projects may be substituted for required loading areas.

C. Additional Loading Spaces Required. Additional loading spaces may be required to ensure that trucks will not be loaded, unloaded, or stored on public streets. Such requirement shall be based on the anticipated frequency of truck deliveries.

D. Reduction in Spaces Required. The review authority may waive the loading space upon finding that the applicant has satisfactorily demonstrated that, due to the specific nature of the use and building, such loading space will not be necessary.

E. Location. Loading zones and docks shall be located to the rear of properties and no truck entrance door, loading zone, or dock-serving commercial vehicles shall be permitted to face a residential area within 50 feet.

1. Exceptions. The location requirement may be modified or waived where the review authority finds that:
a. The intended use of the property, the location or shape of the site, and/or existing development warrant a variation;
b. Street-facing loading areas will exhibit architectural treatment, or will be enhanced with landscaping, in such a way as to minimize visual and noise impacts; and
c. There are specific features of the site and design of the building such that strict application of the location requirement is impractical.

F. Size and Dimensions. Each on-site loading space required by this Section shall be no less than ten (10) feet wide, thirty-five (35) feet long, and fourteen (14) feet high. The minimum size 282
requirement may be modified by the planning manager upon finding that the applicant has satisfactorily demonstrated that due to the nature of the proposed use, such size is not needed. § 11-11-13 Off-Street Parking Standards.

A. Purpose and Intent. The purpose of this section is to assure the provision and maintenance of safe, adequate, well designed off-street parking facilities in conjunction with any use or development. The intent is to reduce street congestion and traffic hazards and to promote an attractive environment through design and landscaping standards for parking areas.

B. Applicability.

1. New buildings. Parking shall be provided in accordance with this Section at the time any new building or structure is erected, or any new land use or new residential unit is established.

2. Existing Buildings and Land Uses. Existing buildings and land uses that are conforming or nonconforming to the requirements of this Section may be changed, altered, or enlarged as follows:
a. Residential Building and Uses.
i. Additions to existing residences which are no greater than 500 square feet are not required to meet the parking standards of this Section, but shall be required to retain the number and type (covered or uncovered) of existing parking spaces.
ii. Additions greater than 500 square feet must comply with parking standards in this Section; however, the review authority may make minor exceptions to the parking space dimensions specified in Section 11-11-4 if it can be demonstrated that the dimension requirements are unreasonable or impractical as applied to the project through approval of a Development Permit or Conditional Use Permit.
b. Non-Residential Buildings.
i. Additions. Where an addition of floor area creates an increase of ten (10) percent or more of the existing square footage, additional parking as required in Table 11.1 shall be provided for the addition with the following conditions:
1) The existing parking shall be maintained.
2) If the number of existing parking spaces is greater than the requirements for the existing development without the addition, the number of existing spaces in excess of the prescribed minimum may be counted toward meeting the parking
requirements for the addition.
ii. Change in Use. Where an existing land use is changed to another permitted land use, parking shall be provided in accordance with this Section except as follows:
1) Village Mixed-Use (VMU), Commercial Retail (CR). No additional off-street parking is required for a change in use of an existing structure in the Village Mixed-Use (VMU) and Commercial Retail (CR) zones, except that parking shall be provided in accordance with this Section for changes in use to lodging, hotel, short term rentals, and conversion of existing non-residential spaces to habitable dwelling units.
iii. Same Use. Where an existing use is proposed to be replaced with the same use that previously occupied the building, no additional parking is required.

3. When constructed. Parking facilities required by this Chapter shall be constructed or installed prior to the issuance of a Certificate of Occupancy for the uses that they serve.

C. Parking Spaces Maintained. No parking area or parking space provided for the purpose of complying with the provisions of this section shall thereafter be eliminated, reduced or converted 283
in any manner unless equivalent facilities approved by the review authority are provided elsewhere in conformity with this section. The permit for the use for which parking was provided shall immediately become void upon the failure to comply with the requirements of this section.

D. Parking Space Size, Location, and Design.

2. Size.
a. Minimum Size. Parking spaces shall be a minimum of nine (9) feet wide by eighteen (18) feet long
b. Compact Spaces. Thirty percent of the required parking for non-residential uses, and for residential projects of five (5) or more units may be provided as compact car spaces. Compact car spaces shall be a minimum of eight (8) feet wide by fourteen and one-half (14-1/2) feet long. Every stall designed to accommodate compact cars shall be clearly marked as a compact car stall.

3. Location. Parking spaces shall not be located within required setback areas except as otherwise provided in this Zoning Code and as allowed below. a. Single Unit Dwellings. Parking may be located within the setback area if the following standards are met:
i. Each parking space is a minimum of nine (9) feet wide by eighteen (18) feet long.
ii. All parking spaces are located behind an existing or future sidewalk, as determined by the City Engineer.
iii. Parking shall be located on a paved surface as approved by the City Engineer.
b. Multi-unit Attached and Detached Dwellings in Residential Zones. Parking may be located within a side setback or rear setback area.
c. For all types of dwellings, the required parking spaces shall be provided on the same site on which the dwelling(s) is located.
d. For non-residential structures or uses, the required parking spaces shall be provided on site or within 500 feet of the main building or site, if there is no main building, as measured along streets not including alleys. Off-site parking shall be secured by a recorded document approved by the city attorney. The agreement shall include:
i. A guarantee from the landowner for access to and use of the shared parking facility; and
ii. A guarantee that the spaces to be provided will be maintained and reserved for the uses served for as long as such uses are in operation. e. Tandem Parking. Tandem parking may be permitted to satisfy parking for single unit, multi-unit residential uses, and lodging uses with the following:
i. No more than two vehicles shall be placed one behind the other. ii. Both spaces shall be assigned to the same dwelling unit. iii. Tandem parking shall not be used to meet a guest parking requirement. iv. Tandem parking utilized by lodging uses shall require a parking attendant or other on-site employee to allow for access of guest vehicles. f. Maneuvering Aisles. Maneuvering aisles shall meet the minimum dimensions.

Screening walls, roof support posts, columns, or other structural elements shall not intrude into the required dimensions for parking spaces or aisles. i. Table 11.11 provides the dimensions of spaces and aisles according to the angle of parking spaces. The required aisle width may be modified if the City Engineer finds that sufficient space is provided, so that maneuvering areas will not interfere with traffic and pedestrian circulation. 284
Table11.11
Angle of Parking Stall Width Stall Depth Aisle Width
Parallel 8 ft. 22 ft (curb length) 14 ft
45° 12 ft. 9 in. 19 ft. 1 in. One Way: 14 ft
Two Way: 20 ft
60° 10 ft. 5 in. 20 ft. 9 in. One Way: 16 ft
Two Way: 20 ft
90° 9 ft. 18 ft. 24 ft.

E. Construction and Design.

1. Drainage. All parking areas shall include a drainage plan subject to review and approval by the City Engineer.

2. Materials. Uncovered parking areas and driveways shall consist of a surface as approved by the City Engineer.

3. Spaces. Parking spaces shall be marked and access lanes clearly defined. Bumpers and wheel stops shall be installed as necessary.

4. Encroachment. Parking areas shall be so designed that no vehicle shall be required to encroach into a street, alley or sidewalk when backing out of a parking space. A waiver of this requirement may be permitted by the Review Authority.

5. Access. The design of parking areas shall not require the moving of any car to gain access to a required parking space unless tandem parking is approved by the review authority.

6. Lighting. All parking areas serving uses operating at night shall be adequately illuminated. Such lighting shall be in conformance with Section 11-11-3 and the California Building Code where applicable.

F. Landscaping and Screening of Parking Areas.

1. Screening Type. Where non-residential parking areas abut residentially zoned or developed property, a masonry wall of not less than six (6) feet in height shall be constructed and maintained between the parking area and the adjoining residentially zoned or developed property. The maximum height of any wall shall be eight (8) feet, as approved by a review authority.
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2. Required Landscaping. The following shall be required, in addition to other provisions of this Zoning Code, as part of a submitted landscaping plan:
a. Trees, shrubbery and ground cover shall be provided at suitable intervals in order to break up the continuity of the parking area. Planting islands for such trees and shrubs shall be protected from automobile traffic by either asphalt or concrete curbs.
b. All ends of parking lanes shall have landscaped islands.

G. Driveways.

1. Width, Number and Location. Unless otherwise provided in the specific, applicable zones, the width and number of driveways, in relation to intersections, obstructions, other driveways and property lines, shall be determined by the City Engineer.

2. Driveway to Side or Rear Parking Areas. A driveway used for access to a parking area on the side or rear of a building shall be a minimum of ten (10) feet wide in clear distance between any obstruction to vehicular traffic, as approved by the City Engineer or as required by the Santa Barbara County Fire Department.

H. Required Number of Spaces. Parking for required uses shall be consistent with Table 11.12 and the following:

1. The minimum number of parking spaces as required in this section shall be provided and continuously maintained in conjunction with the related use or development.

2. Bicycle parking shall be provided consistent with the adopted California Building Code.

3. For the purposes of this section, gross floor area shall be the measure of total square footage for a project with each area calculated based on its use.

4. Where the standards require any fractional space, the next larger whole number shall be the number of spaces required.

5. In the case of mixed uses the total requirement shall be the sum of the number of spaces required for the individual uses computed separately.

6. Where the parking requirement for a use is not specifically defined for the applicable zone, or otherwise defined in this chapter, the parking requirement shall be determined by the planning manager based upon the requirement for the most comparable use specified herein.

7. All parking areas shall provide accessible parking spaces as required by the California Building Code.

8. Modifications to parking requirements of this section may be granted through issuance of a Conditional Use Permit. The City engineer may request a parking demand study, and other materials to deemed necessary to analyze potential reductions. The following findings shall be made by the review authority:
a. Special conditions exist, including, but not limited to: the nature of the proposed operation; peak hours of uses that share the parking facility will not overlap or coincide; transportation characteristics of persons residing, working, or visiting the site; or because the applicant has undertaken a management program that reduce parking demand at the site as approved by the City Engineer.

Table 11.12 Required Parking Spaces by Use
Use Parking Requirement
Services and Retail Uses
Accessory Dwelling Unit / Junior Accessory
Dwelling Unit (JADU)
No parking required for an ADU or JADU
Emergency Shelters No additional parking is required beyond the standard for dwellings in the zone in which
the use is located
Single-Unit Dwelling 2 spaces per dwelling unit
Mobile Home Park 2 spaces per site, which may be tandem 286
Table 11.12 Required Parking Spaces by Use
Use Parking Requirement
1 space for every 3 sites for guest parking
Multi-Unit Dwelling, including Multi-Unit Dwelling
of Mixed-Use Project
1 space for a one bedroom/studio unit
2 spaces for a two or more bedroom unit
1 space for every 5 dwelling units for guest
parking
Caretaker Residence 1 space per dwelling unit
Childcare Facility None beyond the parking required for the dwelling.

Live/Work Unit Each live/work unit shall provide parking based on the area of non-residential use, or
a minimum of two spaces, whichever is
greater. The review authority may modify
this requirement for the use of existing
structures with limited parking
Residential Care Facility, 1-6 clients None beyond the parking required for the dwelling
Residential Care Facility, 7 or more clients 1 space per 4 bed spaces 1 space per 2 employees
Residential Care Facility for the Elderly 1 space per 4 bed spaces 1 space per 2 employees
Single Room Occupancy 1 space per every 3 units
Transitional Housing and Supportive Housing None beyond the parking required for the dwelling
Two-Unit Dwelling 2 spaces per dwelling unit
Retail
Adult Oriented Business 1 space per 500 square feet of floor area.

Vehicle Sales 1 space per 300 square feet of floor area Bar/Tavern/ /Nightclub 1 space per 300 square feet of floor area, which shall include any outdoor use area
Lumber and Building Materials 1 space per 300 square feet of floor area plus 1 space per 1,500 square feet of
outdoor use area
General Retail 1 space per 300 square feet of floor area Restaurant/Brewery 1 space per 300 square feet of floor area Outdoor seating areas less than 750 square
feet in size do not require parking. Outdoor
seating areas greater than 750 square feet
require 1 parking space for every 750 square
feet of outdoor seating area
Wine and Distillery Tasting 1 space per 300 square feet of floor area plus 1 space per 1,500 square feet of
outdoor use area
Services
Animal Care Facility 1 space per 300 square feet of floor area Business Support Service 1 space per 300 square feet of floor area 287
Table 11.12 Required Parking Spaces by Use
Use Parking Requirement
Catering Service 1 space per 300 square feet of floor area Childcare Facility, Day Care Center 1 space per staff member plus a drop off area as required by Community Care
Licensing or its successor agency
Equipment Rental 1 space per 300 square feet of floor area Financial Institutions 1 space per 300 square feet of floor area Lodging 1 space per guestroom
1 space per 300 square feet of floor area of
ancillary uses/office/lobby
Short Term Rental 1 space for 1 bedroom/studio
2 spaces for 2-4 bedrooms
1 space for each bedroom greater than 4
bedrooms
Maintenance Service, Client Site Services 1 space per 300 square feet of floor area Medical Services, Clinic/Urgent Care 1 space per 200 square feet of floor area Medical Services, Doctor Office 1 space per 200 square feet of floor area Medical Services, Extended Care 1 space per 300 square feet of floor area Medical Services, Hospital 1 space per 300 square feet of floor area Mortuary, Funeral Home/Cemetery 1 space per 300 square feet of floor area Office 1 space per 300 square feet of floor area
Personal Service 1 space per 300 square feet of floor area Repair Service, Small Equipment/Large
Equipment
1 space per 300 square feet of floor area
Vehicle Rental 1 space per 300 square feet of floor area Vehicle Repair and Services 1 space per 300 square feet of floor area Industry, Manufacturing & Processing
Beverage Manufacturing and Production 1 space per 750 square feet of floor area High Technology Uses 1 space per 750 square feet of floor area Manufacturing, Artisan 1 space per 750 of manufacturing area 1 space per 300 square feet of
retail/ancillary/office area
Manufacturing/Processing, Heavy/Medium/Light 1 space per 750 square feet of floor area Media Production 1 space per 750 square feet of floor area Recycling Facility 1 space per 1,000 square feet of floor area Storage, Warehouse 1 space per 1,000 square feet of floor area Storage, Outdoor 1 space per 1,000 square feet of floor area Storage, Personal Storage Facility 1 space per 1,000 square feet of floor area Storage, Vehicle 1 space per 1,000 square feet of site area Wholesaling and Distribution 1 space per 750 square feet of floor area Recreational, Education & Public Assembly
Commercial Recreation Facilities, Indoor Theater/Cinema 1 space per 40 square feet of seating floor
area
Other:
288
Table 11.12 Required Parking Spaces by Use
Use Parking Requirement
1 space per 500 square feet of floor area
Commercial Recreation Facilities, Outdoor 1 space per 1,000 square feet of lot area Community Gardens 2 spaces
Health/Fitness Facility 1 space per 300 square feet of floor area Meeting Facility, public or private 1 space per 4 seats, but not less than 1 space per 40 square feet of floor area of the
largest meeting hall
Specialized Education/Training 1 space per 300 square feet of floor area Studio, Art, Dance, Martial Arts, etc. 1 space per 300 square feet of floor area Transportation & Infrastructure
Parking Facility 1 space per 300 square feet of office area Telecommunications Facility 1 space per 300 square feet of office area Utilities Facility 1 space per 300 square feet of office area I. In Lieu Parking Fees.

1. Purpose. The purpose of the in-lieu parking fee is to implement the objectives of the city's general plan and to mitigate the adverse parking impacts caused by new retail and commercial development, development of new restaurants and food and/or beverage establishments, or a change to or an intensification of any such type of development, with the exception of lodging, short term rentals, and residential project components.

2. Establishment of In-Lieu Parking Fee. The city council hereby creates and establishes an in-lieu parking fee that may be paid by those developers of retail businesses and general commercial projects, projects developing restaurants and food and/or beverage establishments, or projects changing to or intensifying any such type of development, except lodging, short term rentals, and residential project components. Developers for eligible projects must either: (1) provide the number of parking spaces required Subsection H; or (2) pay a parking development fee under this section in lieu of providing some or all parking required under Subsection H. Developers who elect to pay a fee in lieu of providing some or all on-site or off-site parking required by section Subsection H shall pay the in-lieu parking fee prior to the issuance of a building permit.

The city council has determined that, for those developers who choose not to provide some or all required parking on-site or off-site pursuant to section Subsection H, such a parking development fee is necessary to: (1) finance the construction of alternative parking facilities within the city; and (2) pay for each such development's fair share of the construction costs of those parking facilities. In establishing the in-lieu parking fee, the city council has found such a fee to be consistent with its general plan.

The city council shall, by resolution: (1) set forth the specific amount of the fee; (2) describe the benefit and impact area on which the fee is imposed; (3) describe the specific parking facilities to be financed; (4) describe the estimated cost of such parking facilities; and (5) describe the reasonable relationship between the fee and the various types of development.

The city council shall review the in-lieu parking fee from time to time, but at least on an annual basis to: (1) identify the purpose to which the in-lieu parking fee is to be put; and (2) determine whether there is a reasonable relationship between the fee and the purpose for which it was charged

3. Accounting of Funds—Use of Fees. Pursuant to Government Code section 66006, the city council directs that all in-lieu parking fees collected shall be maintained in a specific capital facilities account. The city shall use the fees in such account, along with any interest earnings, only to:
289
a. Pay for the city's future construction of the parking facilities described in the resolution enacted pursuant to subsection B of this section; or b. To reimburse the city for those parking facilities constructed by the city with funds advanced by the city from other sources.

4. Fee Adjustments. An electing developer may apply to the city council for a reduction or adjustment to, or a waiver of, the in-lieu parking fee, based upon the absence of any reasonable relationship or nexus between the parking impacts of the development and either: (1) the amount of the fee charged; or (2) the type of parking facilities to be financed. The application shall be made in writing and filed with the city clerk not later than: (1) 10 days prior to the public hearing on the development permit application for the project; or (2) if no development permit is required, at the time of the filing of the request for a building permit. The application shall state in detail the factual basis for the claim of reduction, adjustment or waiver. The city council shall consider the application at the later of: (1) the public hearing on the permit application; or (2) a separate hearing held within 60 days after the filing of the fee adjustment application. The city council's decision shall be final. If the city council grants a reduction, adjustment or waiver, any change in use within the project shall invalidate such reduction, adjustment or waiver. § 11-11-14 Overhead Utility Undergrounding Requirements.

A. Requirement for undergrounding of Point of Service. All new electric, telephone, fiberoptics, and other communication service connections, for all new buildings, units, or additions greater than 500 square feet shall be provided by underground wiring or conduit. Extension of electric or communication distribution lines to serve such projects shall be underground wiring or conduits.

B. Requirement for Underground for Distribution Lines along Project Frontages. all electrical distribution lines of less than sixty-six thousand (66,000) volts, communications, video, and similar service wires or cables that: (A) are existing and located within the boundaries of the property being developed; or (B) are existing between the property line and the centerline of the peripheral streets of the property being developed; or (C) are located along or within six feet of the lot lines of the property to be developed and do not provide service to immediate adjacent properties; shall be installed underground for all new construction projects, with the exception of new single units dwellings that are not a part of a proposed subdivision.

C. Point of Termination. Where the utility or other company's distribution system is underground, the service lines shall terminate at a connection point designated by the utility company. Where the utility or other company's distribution is overhead, the service lines shall terminate as a pole riser on a pole designated by the utility company.

D. Exceptions. Where determined by the Building Official to be impractical or infeasible within the standards and practices of the utility or other companies providing such services, and does not impede with the health, safety and welfare of existing and future residents. § 11-11-15 Reasonable Accommodation.

A. Purpose. The purpose of this Section is to provide a procedure to request reasonable accommodation for persons with disabilities seeking equal access to housing under the Federal Fair Housing Act and the California Fair Employment and Housing Act (the "Acts") in the application of zoning laws and other land use regulations, policies, and procedures, and to establish criteria to be used when considering such requests.

B. Applicability.

1. Definition of Disability. This section is intended to apply to those persons who are defined as disabled under the Acts. Under the Acts, an individual with a disability is someone who has a physical or mental impairment that limits one or more major life activities; anyone who is regarded as having such impairment; or anyone with a record of such impairment.
290

2. Eligibility to Request Accommodation. A request for reasonable accommodation may be made by any person with a disability, his or her representative, or a developer or provider of housing for individuals with disabilities, when the application of a zoning law or other land use regulation, policy, or practice acts as a barrier to fair housing opportunities.

3. Scope of Accommodation. A request for reasonable accommodation may include a modification or exception to the rules, standards, and practices for the siting, development, and use of housing or housing related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of his or her choice. Any modification based on this section is a personal accommodation and shall not run with the land. A request for reasonable accommodation is subject to the applicant's compliance with all other applicable regulations. Requests for reasonable accommodation shall be made in the manner prescribed in subsection (C)(1) of this Section.

C. Application Requirements.

1. Application. Requests for reasonable accommodation shall be submitted on an application form provided by the planning division, or in the form of a letter, to the planning manager and shall contain the following information:
a. The applicant's name, address and telephone number;
b. Address of the property for which the request is being made; c. The current actual use of the property;
d. The basis for the claim that the individual is considered disabled under the Acts; e. The zoning code provision, regulation or policy that is the subject of the applicant's requested reasonable accommodation, and a description of the specific accommodation requested; and
f. Why the reasonable accommodation is necessary to make the specific property accessible to the individual.

2. Review with Other Land Use Applications. If the project for which the request for reasonable accommodation is being made requires one or more discretionary approvals (including, but not limited to, conditional use permit, development permit, zoning clearance, et.), then the applicant shall file the information required by subsection A of this section, together for concurrent review with the application for discretionary approval.

D. Review Authority.

1. Planning Manager. Requests for reasonable accommodation shall be reviewed by the planning manager if no discretionary permit approval is required other than the request for reasonable accommodation.

2. Other Review Authority. Requests for reasonable accommodation submitted for concurrent review with another discretionary permit application shall be reviewed by the same review authority as the discretionary permit.

E. Review Procedure.

1. Planning Manager Review. The planning manager shall make a written determination within forty-five (45) days and either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with subsection F of this Section. The planning manager shall mail a notice of a request for reasonable accommodation to contiguous owners of property, as shown on the latest equalized Santa Barbara County assessment roll, but may include other property owners as determined by the planning manager in his or her discretion. Said notice shall be mailed at least ten (10) days prior to making a determination.

2. Other Reviewing Authority. The written determination on whether to grant or deny the request for reasonable accommodation shall be made by the review authority 291
responsible for reviewing the discretionary permit application in compliance with the applicable review procedure for the discretionary review. The written determination to grant or deny the request for reasonable accommodation shall be made in accordance with subsection F of this Section.

F. Findings and Decision.

1. Findings. The written decision to grant or deny a request for reasonable accommodation will be consistent with the Acts and shall be based on a consideration of the following factors:
a. Whether the housing which is the subject of the request will be used by an individual considered disabled under the Acts.
b. Whether the request for reasonable accommodation is necessary to make specific housing available to an individual with a disability under the Acts. c. Whether the requested reasonable accommodation would impose an undue financial or administrative burden on the city.
d. Whether the requested reasonable accommodation would require a fundamental alteration in the nature of a city program or law, including, but not limited to, land use or zoning.
e. Whether the requested reasonable accommodation would adversely impact surrounding properties or uses.
f. Whether there are reasonable alternatives that would provide an equivalent level of benefit without requiring a modification or exception to the city's applicable rules, standards and practices.
g. Whether the accommodation would alter the significance of a historical site or structure.

2. Conditions of Approval. In granting a request for reasonable accommodation, the review authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required by subsection (F)(1).

3. Written Decision. The decision on the request for reasonable accommodation shall be in writing, mailed to the applicant, and explain in detail the basis of the decision, including the reviewing authority's findings required by this Section. All decisions shall give notice of the applicant's right to appeal pursuant to the appeals process set forth in subsection (G).

G. Appeal of Determination.

1. Within ten (10) days' mailing of the reviewing authority's written decision on a request for reasonable accommodation, the applicant or his or her representative may file an appeal. All appeals must be in writing and contain a statement of the grounds for the appeal. The city will provide reasonable assistance if requested to ensure the appeals process is accessible.

2. A determination by the planning manager to grant or deny a request for reasonable accommodation shall be appealed, if at all, to the planning commission.

3. A determination by the planning commission to grant or deny a request for reasonable accommodation shall be appealed, if at all, to the city council. §11-11-16 State Density Bonuses/Affordable Housing and Concessions/Incentives.

A. Purpose.

1. Implement the goals, objectives, and policies of the Housing Element for developing housing affordable to various households with very low, low and moderate incomes and units intended to serve seniors, transitional foster youth, disabled veterans, homeless persons, and lower income students.

2. Provide the implementing framework, as it relates to affordable housing density bonuses, and offer concessions and incentives for eligible housing developments that are consistent with the City’s commitment to provide for affordable housing. 292

3. Implement Government Code Section 65915 (“State Density Bonus Law”), as required by Government Code Section 65915(a).

4. All terms defined in state law shall have the same meaning here.

B. General Affordable Housing Provisions.

1. Availability. All designated affordable housing units shall be made available to qualified occupants at the same time as the market-rate housing units are made available within the same project.

2. Income Levels. For the purpose of determining the income levels for households under this section, the City shall use the Santa Barbara County income limits found in Title 25, Section 6932 of the California Code of Regulations, and regularly updated and published by the California Department of Housing and Community Development, or other income limits adopted by the City Council and authorized by state law.

3. Density Bonus. The granting of a density bonus shall not, in and of itself, be interpreted to require an amendment to the General Plan, Zoning Code, or other discretionary approval.

4. Affordable Housing Agreement. The owner of the affordable unit shall sign an Affordable Housing Agreement with the City agreeing to the term, affordability, resale and any other topic deemed appropriate by the City and in conformance with State Density Bonus Law.

The Affordable Housing Agreement shall be recorded with the Santa Barbara County Recorder prior to issuance of either final occupancy permit, or temporary occupancy permits, whichever occurs first.

5. Additional Applicability. This section is also applicable to mixed-use development projects. The concessions/incentives available herein apply to the entire project and are not limited to the residential component, unless otherwise specified.

6. Definitions. The definitions found in State Density Bonus Law shall apply to the terms contained in this section.

7. Interpretations. If any portion of this section conflicts with State Density Bonus Law or other applicable State law, State law shall supersede this section. Any ambiguities in this section shall be interpreted to be consistent with State Density Bonus Law.

C. Application Requirements. Any applicant requesting a density bonus and/or any incentive(s), waiver(s), or parking reductions shall submit a density bonus report that includes the following information:

1. Requested Density Bonus.
a. Summary table showing the maximum number of dwelling units permitted by the Zoning Code and General Plan, excluding any density bonus units; proposed affordable units by income level; proposed bonus percentage; number of density bonus units proposed; total number of dwelling units proposed on the site; and resulting density in units per acre.
b. A tentative map and/or preliminary site plan, drawn to scale, showing the number and location of all proposed units, and designating the location of proposed affordable units.
c. The zoning and General Plan designations and assessor’s parcel number(s) of the housing development site.
d. A description of all dwelling units existing on the site in the five-year period preceding the date of submittal of the application and identification of any units rented in the five-year period. If dwelling units on the site are currently rented, income and household size of all residents of currently occupied units, shall be provided to the City if known. If any dwelling units on the site were rented in the five-year period but are not currently rented, the income and household size of residents occupying dwelling units when the site contained the maximum number of dwelling units shall be provided to the City, if known. e. Description of any recorded covenant, ordinance, or law applicable to the site that restricted rents to levels affordable to very low or lower income households in the five-year period preceding the date of submittal of the application. 293
f. If a density bonus is requested for a land donation, the location of the land to be dedicated, proof of site control, and reasonable documentation that each of the requirements included in State Government Code Section 65915, subdivision (g) can be met.

2. Requested Concession(s) or Incentive(s). In the event an application proposes concessions or incentives for a housing development pursuant to State Density Bonus Law, the density bonus report shall include the following minimum information for each incentive requested, shown on a site plan, if appropriate:
a. The City’s applicable development standard or regulation from which the applicant seeks to deviate and the requested deviation. b. Except where a mixed-use project is proposed as a concession or incentive, reasonable documentation to show that any requested incentive will result in identifiable and actual cost reductions to provide for affordable housing costs or rents.
c. If approval of a mixed-use project is proposed, reasonable documentation that nonresidential land uses are compatible with the housing development and the existing or planned development in the area where the proposed housing development will be located, and that mixed-use zoning will provide for affordable housing costs or rents.

3. Requested Waiver(s). In the event an application proposes waivers or reductions of development standards for a housing development pursuant to State Density Bonus Law, the density bonus report shall include the following minimum information for each separate waiver or reduction requested on each lot, shown on a site plan, if appropriate:
a. The City’s applicable development standard from which the applicant seeks to deviate and the requested deviation.
b. An explanation as to how, if applied, the development standards for which a waiver is requested would have the effect of physically precluding the construction of a development at the densities or with concessions or incentives permitted by State Density Bonus Law.

4. Requested Parking Reduction. In the event an application proposes a parking reduction for a housing development pursuant to Government Code Section 65915, subdivision (p), a table showing parking required by the zoning regulations, parking proposed under Section 65915, subdivision (p), and reasonable documentation that the project is eligible for the requested parking reduction.

5. Childcare Facility. If a density bonus or incentive is requested for a childcare facility in a housing development, reasonable documentation that all of the requirements included in Government Code Section 65915, subdivision (h) can be met.

6. Condominium Conversion. If a density bonus or incentive is requested for a condominium conversion, reasonable documentation that all of the requirements included in Government Code Section 65915.5 can be met.

7. Fee. Payment of any fee in an amount set by resolution of the City Council for determination that the proposed density bonus plan complies with this Section and State Density Bonus Law.

D. Density Bonus.

1. Number of Units. A housing development shall be entitled to the number of density bonus units allowed by state law. All calculations shall be rounded up for any fractional numeric value in determining the total number of units to be granted, including base density and bonus density.

2. Multiple Qualifying Factors. If a housing development qualifies for a density bonus under more than one income category, or additionally as a senior citizen housing development, or as housing intended to serve transitional foster youth, disabled veterans, homeless persons, or lower income students, the applicant shall identify the categories under which the density bonus would be associated and granted. 294

3. Lower or Zero Percent Density Bonus. The applicant may elect to accept a lesser percentage of density bonus than the housing development is entitled to, or no density bonus, but no reduction will be permitted in the percentages of required affordable units as outlined in Government Code Section 65915, subdivisions (b), (c), and (f).

Regardless of the number of affordable units, no housing development shall be entitled to a density bonus of more than what is authorized under State Density Bonus Law.

E. Incentives.

1. Number. Incentives include incentives and concessions as defined in State Density Bonus Law. The number of incentives that may be requested shall be based upon the number the applicant is entitled to pursuant to State Density Bonus Law.

2. Financial Assistance. Nothing in this Section requires the provision of direct financial incentives for the housing development, including, but not limited to, the provision of financial subsidies, publicly owned land, fee waivers, or waiver of dedication requirements. The City, at its sole discretion, may choose to provide such direct financial incentives.

F. Review Procedures.

1. Process. An application for a density bonus and/or any benefits identified in State Density Bonus Law shall be submitted concurrently with the appropriate applications required for the project in general. The application shall be reviewed concurrently by the same reviewing body or reviewing authority.

2. Housing Development. To ensure that an application for a housing development conforms with the provisions of State Density Bonus Law, the review authority shall determine whether the application conforms to the following requirements of State law, as applicable:
a. The housing development provides the affordable units or senior housing required by State Density Bonus Law to be eligible for the density bonus and any incentives, parking reduction, or waivers requested, including the replacement of units rented or formerly rented to very low and low income households as required by Government Code Section 65915, subdivision (c)(3). b. Any requested incentive will result in identifiable and actual cost reductions to provide for affordable housing costs or rents; except that, if a mixed-use development is requested, the application must instead meet all of the requirements of Government Code Section 65915, subdivision (k)(2). c. The development standards for which a waiver is requested would have the effect of physically precluding the construction of a development at the densities or with the concessions or incentives permitted by State Density Bonus Law. d. The housing development is eligible for any requested parking reductions under Government Code Section 65915, subdivision (p).
e. If the density bonus is based all or in part on donation of land, all of the requirements included in Government Code Section 65915, subdivision (g) have been met.
f. If the density bonus or incentive is based all or in part on the inclusion of a childcare facility, all of the requirements included in Government Code Section 65915, subdivision (h) have been met.
g. If the density bonus or incentive is based all or in part on the inclusion of affordable units as part of a condominium conversion, all of the requirements included in Government Code Section 65915.5 have been met.

3. Exception to Approval of Requested Incentive. The review authority shall grant an incentive requested by the applicant unless it makes a written finding, based upon substantial evidence, of any of the following:
a. The proposed incentive does not result in identifiable and actual cost reductions to provide for affordable housing costs, as defined in Health and Safety Code Section 50052.5, or for affordable rents, as defined in Health and Safety Code Section 50053; or
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b. The proposed incentive would be contrary to State or Federal law; or c. The proposed incentive would have a specific, adverse impact upon public health or safety or on any real property that is listed in the California Register of Historic Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the housing development unaffordable to low and moderate income households. For the purpose of this subsection, specific adverse impact means a significant, quantifiable, direct, and unavoidable impact based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application for the housing development was deemed complete.

4. Exception to Approval of Requested Waiver or Reduction of Development Standards.

The review authority shall grant the waiver or reduction of a development standard requested by the applicant unless it makes a written finding, based upon substantial evidence, of any of the following:
a. The proposed waiver or reduction would be contrary to State or Federal law; b. The proposed waiver or reduction would have an adverse impact on any real property that is listed in the California Register of Historical Resources; or c. The proposed waiver or reduction would have a specific, adverse impact upon public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. For the purpose of this subsection, “specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application for the housing development was deemed complete.
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Chapter 12
Supplemental Regulations
§11-12-1 Purpose and intent.

The purpose of this chapter is to establish distinct performance and development regulations for certain activities, uses, and structures that are of such a special nature that additional regulations are desired.

This chapter is applicable in all zones notwithstanding the regulations of the applicable zone. §11-12-2 Accessory Dwelling Unit (ADUs) and Junior Accessory Dwelling Units (JADUs).

A. Purpose.

1. This Section provides standards for accessory dwelling units and junior accessory dwelling units, where allowed by this Zoning Code.

2. To provide for the creation of accessory dwelling units and junior accessory dwelling units consistent with Government Code Section 66310 et seq., implementation of this Section is meant to expand housing opportunities by increasing the number of smaller units available within the City.

B. Density. Accessory dwelling units shall not count towards the allowable density of units per acre prescribed in the General Plan and Zoning Code.

C. Permit Requirements. A Zoning Clearance shall be required to ensure compliance with this Section concurrent with, the issuance of a building permit. A zoning clearance shall be ministerial, with no public hearings or notices. For those ADUs/JADUs identified in Government Code Section 66323, a zoning clearance shall be issued if the ADU/JADU meets the criteria and standards in Government Code Section 66323 and no other standards shall apply. A zoning clearance shall be issued for all other ADUs/JADUs if the ADU/JADU meets standards contained in this section.

D. An accessory dwelling unit (detached or attached) shall have a minimum floor area of 150 square feet and maximum floor area of 1,200 square feet, or be less than the square footage of the primary dwelling, whichever is less. Junior accessory dwelling units shall comply with Subsection L.

E. Building Height.

1. A detached accessory dwelling unit shall not exceed sixteen (16) feet in height with the following exception:
a. An ADU located within a ½ mile of an existing transit stop, or an ADU located on a parcel with an existing dwelling that is two stories in height, shall not exceed eighteen (18) feet in height.

2. An attached accessory dwelling unit or an accessory dwelling unit constructed over a garage or carport shall not exceed twenty-five (25) feet in height. Any portions of the accessory dwelling unit constructed within the zone’s required building setback areas, as may be permitted pursuant to this zoning code, shall not exceed sixteen (16) feet in height.

F. Limitation on Number.

1. A maximum of one accessory dwelling unit and one junior accessory dwelling unit is allowed per lot with an existing or proposed single-unit dwelling consistent with Government Code Section 66323.

2. Accessory dwelling units within multi-unit and mixed-use developments shall comply with the following:
a. Existing Space. The maximum number of accessory dwelling units shall not exceed 25% of the number of existing or proposed multi-unit dwellings or dwelling units in a mixed-use development, but shall not be less than one unit.

Accessory dwelling units are permitted in converted portions of a structure that are not used as livable space, (e.g., garages, laundry rooms, etc). 297
b. Detached Structures. A maximum of eight (8) detached accessory dwelling units, in addition to the converted portions of a structure, are permitted per lot. If a multi-unit development contains less than eight (8) units, the maximum number of accessory dwelling units shall not exceed the total number of existing units. On a lot with a proposed multi dwelling, not more than two (2) detached ADUs are permitted.

G. Limitation of Use. No accessory dwelling unit shall be utilized as a short-term rental.

H. Utility Connections. Accessory dwelling units shall be connected to City water and sewer services. Separate utility connections and meters may be required in accordance with Government Code Section 66324.

I. Development Impact Fee. Payment of development impact fees are required as follows:

1. Accessory dwelling units with floor area of less than 750 square feet shall not pay development impact fees.

2. Accessory dwelling units with floor area of 750 square feet or more shall be charged development impact fees that are proportional in relation to the square footage of the primary single dwelling unit in the single-unit dwelling context or average size of the dwelling units on the same lot in the multi-family context, as shown on the Master Fee Schedule.

J. Building Design Standards for Accessory Dwelling Units.

1. Access and Entries.
a. An ADU and/or JADU shall have direct exterior access independent of the exterior access of the primary single dwelling unit.
b. If an ADU entry faces a street, the primary entrance oriented towards the street and directly accessible from an adjacent sidewalk (where no sidewalk exists, the connection shall be to the abutting public street), and the entryways shall consist of:
i. A front porch with a minimum depth of five (5) feet, as measured from the building façade to the posts, and a minimum length of eight (8) feet; or ii. A portico, recess, or stoop measuring at least four (4) feet by four (4) feet which is well defined by a gabled entry, distinct change in roof line or columns.

2. Massing. The square footage of any story of an ADU constructed above the first story (and not a conversion of existing space) shall have a maximum floor area that is no more than 80 percent of the floor area of the first story. a. The floor area of the first story shall include all interior living areas, including interior and exterior staircases, attached garages, and covered porches connected to the first floor.
b. The floor area of upper stories includes all interior living area with walls; all staircases; porches, decks, and balconies that are covered by a roof structure; and all cantilevered structures that extend beyond the first-floor footprint and do not extend to the ground, including, but not limited to, living area, roof decks, bay windows, chimneys, and staircases; as well as any mezzanines, lofts, or other partial floor areas. Maximum cantilevered area shall not exceed three (3) feet. c. Massing of all new ADUs within the DD-1 and DD-2 overlay zones shall be consistent with standards set forth in Chapter 11-10, Article A.

3. Façade Articulation.
a. New detached or attached accessory dwelling units shall carry the same primary materials all elevations.
b. New detached or attached ADUs shall not include blank walls (e.g., walls without doors or windows) greater than twenty-five (25) feet in length, if the wall of the ADU is visible from the public right-of-way.
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c. New detached or attached ADUs shall provide trim at all exterior window and door openings. In lieu of exterior window trim, windows shall be recessed from a wall plane by a minimum of three (3) inches.
d. For new detached or attached ADUs, vinyl and aluminum siding, T-111 plywood, and exterior insulation finishing system (EIFS) are prohibited. e. Façade articulation of all new ADUs within the DD-1 and DD-2 overlay zones shall be consistent with standards set forth in Chapter 11-19.

K. Development Standards for Accessory Dwelling Units. ADUs shall comply with all applicable development standards applicable to a single unit dwellings in the underlying zone and Chapter 10, Building Regulations of the Solvang Municipal Code, except to the extent they are inconsistent with the following development standards, which shall govern.

1. Minimum interior side, street side and rear setbacks shall be four (4) feet for detached or attached accessory dwelling units that are not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure. The following exceptions shall be applied:
a. No setback is required for ADU in existing living area, accessory structure or structure constructed in same location and to same dimensions as an existing structure.

2. Existing nonconforming setbacks of permitted structures or new structures constructed in the same location and to the same dimensions as an existing structure may be maintained if converted to an accessory dwelling unit.

3. Accessory dwelling units shall be excluded from the calculation of lot coverage.

4. Accessory dwelling units in multi-unit dwellings shall be excluded from the open space requirements.

5. No minimum lot size is required to develop an accessory dwelling unit.

6. Installation of fire sprinklers shall not be required in an accessory dwelling unit if they are not required for the primary residence, but the ADU shall comply with all access requirements in Title 10 of the Solvang Municipal Code.

7. Parking shall be required as set forth in Section 11-11-13.

L. Development Standards for Junior Accessory Dwelling Units. Junior accessory dwelling units shall comply with the following:

1. Limitation on Use. Junior accessory dwelling units shall only be allowed on lots zoned for single-unit dwellings with a single-unit dwelling built, or proposed to be built, on the lot.

2. Location. A junior accessory dwelling unit shall be constructed within the walls of the proposed or existing primary unit, which shall include attached garages.

3. Size of Junior Accessory Dwelling Unit. A junior accessory dwelling unit shall have a maximum floor area of 500 square feet.

4. Interior requirements. A junior accessory dwelling unit shall include at least the following:
a. A cooking facility, a sink, and food preparation counter of no less than thirty (30) inches in width.
b. A separate or shared bathroom with the primary residence. If the JADU does not include a separate bathroom, the JADU shall include an interior entry to the main living area of the primary residence.
c. A separate entrance from the main entrance to the primary residence.

5. Occupancy Requirements. Either the junior accessory dwelling unit or the primary single dwelling unit shall be owner-occupied. A covenant agreement, which shall run with the land, shall be recorded prior to occupancy, prohibiting the sale of the JADU separate from the sale of the primary single dwelling unit and restricting the size and attributes of the JADU to conform to the requirements of this Section and Government Code Section 66310 et seq.

6. Parking shall be required as set forth in Section 11-11-13. § 11-12-3 Accessory Structures.
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A. No accessory structure shall be constructed on a lot until construction of the primary structure has begun, and no accessory structure shall be used unless the primary structure on the lot is also being used.

B. An accessory structure erected as an integral part of the primary structure shall comply in all respects with the use, yard and height requirements applicable to the principal structure.

C. Set-Back and Height Requirements in Agricultural, Commercial & Industrial, Public Institution, Park & Open Space Zones.

1. Accessory structures shall conform to the height requirements in the applicable zone and shall be located at the rear portion of a property.

2. An accessory structure may be located in the required rear yard setback provided that all of the following requirements are met:
a. The accessory structure is located no closer than ten (10) feet from the principal structure;
b. The accessory structure occupies no more than 40% of the required rear yard; and
c. The accessory structure does not exceed a height of twelve (12) feet.

3. This subsection applies to agricultural, commercial and industrial, public/institution, park and open space zones in Chapters 5, and 7-9.

D. Set-Back and Height Requirements in Residential Zones.

1. Accessory structures shall conform to the front-yard setback regulations of the zone.

2. Accessory structures shall not exceed twenty-four (24) feet in height or the height requirement of the zone, whichever is less.

3. An accessory structure may be located in the required rear-yard setback provided that all of the following requirements are met:
a. Accessory structures shall be located to provide the following minimum distance between the accessory structure and the property line:

Table 11.13
Accessory
Structure Height Minimum Distance from Rear Property Line 9 feet or less No minimum distance, provided any ornamental features, including, but not limited to, sills, buttresses, cornices, and eaves, shall not extend over the
property line or cause water to flow across the
property line
Greater than 9
feet but not
greater than 12
feet
5 feet
Greater than 12
feet
10 feet
b. Accessory structures shall not impede fire access and shall be placed such that:
i. A corridor with a minimum width of three (3) feet is unobstructed from the ground to the sky; and
ii. There is a minimum distance of three (3) feet between adjacent accessory structures.
c. All accessory structures in the rear yard shall collectively occupy no more than 40% of the required rear-yard setback.

4. An accessory structure may be located in the side-yard setback provided that all of the following requirements are met:
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a. Accessory structures shall be located to provide the following minimum distance between the accessory structure and the property line:

Table 11.14
Accessory
Structure Height Minimum Distance from Side Property Line 9 feet or less No minimum distance, provided any ornamental features, including, but not limited to, sills,
buttresses, cornices, and eaves, shall not extend
over the property line or cause water to flow across
the property line
Greater than 9 feet
but not greater than
12 feet
5 feet
Greater than 12 feet 10 feet
b. Accessory structures shall not impede fire access and shall be placed such that:
i. A corridor with a minimum width of three (3) feet is unobstructed from the ground to the sky; and
ii. There is a minimum distance of three (3) feet between adjacent accessory structures.
c. The cumulative total square footage of all accessory structures in the side yard shall not exceed 200 square feet in each side yard.

5. This subsection applies to all zones in Chapter 6, Title 11 of this zoning code.

E. This section applies to accessory structures, including accessory structures requiring zoning clearance pursuant to Section 11-16-4, and/or a building permit pursuant to Section 10-1-4(G).

Accessory structures that are exempt from building permits shall be exempt from this section.

F. Cargo Containers as Accessory Structures. The use of cargo container (also referred to as "seatrains" or shipping containers) is defined as a prefabricated metal structure designed for use as an enclosed truck trailer in accordance with Department of Transportation (DOT) standards, shall be prohibited for use as accessory structures in all residential zones. § 11-12-4 Agricultural Employee Housing.

A. Agricultural employee housing serving six or fewer persons and conforming to the following criteria, shall be subject to a zoning clearance.

1. Persons having the right to occupy employee housing shall be restricted to individuals engaged in agricultural occupations consistent with the standards and limitations prescribed in the employee housing act and its implementing regulations;

2. The physical attributes of design shall conform to the development standards of the underlying zone district (i.e., building height, lot coverage, setbacks, etc.) and objective standards; and

3. Off-street parking shall be provided consistent with multi-unit dwelling units in section 11- 11-13.

4. Employee Housing in the Agricultural Tourist Zone. Proposed housing that is less than 12 units or 36 beds in compliance with Health and Safety Code 17021.5 and 17021.6 shall be permitted by right, with no development permit required. §11-12-5 Animal Keeping.

A. Purpose. The following regulations are intended for animal keeping as allowed in residential zones as shown in Chapters 5 through 9 of this zoning code.

B. Exemption of Commercial purposes. Sale of animals raised on-site in connection with charitable 501(c)3 organizations, or public or private school sponsored organizations is not considered commercial purposes.
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C. Number of Animals. One horse, mule, goat, cow, swine or other similar size animal shall be permitted for each 20,000 square feet of gross area on each lot provided that not more than three (3) swine or five (5) such other animals shall be permitted on any lot. In no case shall said animals be kept for commercial purposes.

D. Enclosures. No stable, barn or other large animal enclosure (i.e., paddock) shall be located on a lot, excluding a combination of lots, having a gross area of less than 20,000 square feet. No portion of a stable or barn shall be located closer than: (a) forty (40) feet to the door or window of any dwelling on another lot; (b) thirty (30) feet to the right-of-way; (c) fifteen (15) feet from the rear property line; and (d) ten (10) feet from the side property lines.

E. Number of Dogs. No more than three adult (3) dogs are permitted on any one property.

F. Small animals (e.g., chickens, birds, ducks, rabbits, bees, etc.) shall be permitted provided that:

1. Such small animals are for the domestic use of the residents of the lot only and are not kept for commercial purposes;

2. The keeping of such small animals is not injurious to the health, safety or welfare of the neighborhood and does not create offensive noise or odor as determined by the planning manager; and

3. Enclosures for such small animals shall be no closer than twenty-five (25) feet to any dwelling.
§11-12-6 Childcare Facilities.

A. This Section provides standards for the operation of a day care center, small family day care home and large family day care home. These standards apply in addition to the other provisions of this zoning code and requirements imposed by the California Department of Social Services (DSS). DSS licensing is required for all facilities.

B. Permit Requirement. A Development Permit shall be required, except as provided in subsection C of this Section to ensure compliance with this Section and may include conditions requiring compliance with all applicable building codes, fire codes, and operator licensing. Such a development permit shall be denied, granted or granted with conditions by the planning manager and shall not require planning commission approval.

C. Large and Small Family Day Care Homes. Large and small family day care homes shall be considered a residential use pursuant to this Section, provided that the provider has obtained a license or a statement of exemption from licensing requirements from the DSS pursuant to Health and Safety Code section 1597.05 and shall only require a zoning clearance.

D. Day Care Center Application requirements. The following shall be included in each application for day care centers in addition to all standard requirements for consideration of the required permit, and shall not apply to family day care homes:

1. Facility characteristics. The application shall indicate the number of children to be cared for, the number of employees, hours of operation and outdoor playtime. The application and site plan shall clearly show compliance with applicable standards.

2. Site plan. A site plan showing the location and dimensions of existing or proposed structures, including fencing, outdoor play structures and equipment, distance to property line, parking areas and number of spaces, including on-site spaces and off-site spaces contiguous to property lines, and access and traffic circulation.

3. Circulation plan. An accurate traffic circulation plan showing parking, circulation, and onsite drop-off/pick-up areas/spaces.

E. Day Care Center Development standards. A day care center shall comply with the following standards.
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1. Play areas. Required outdoor play areas shall be located a minimum of ten (10) feet from any public right-of-way.

2. Parking, drop-off/pick-up area. Required parking and drop-off/pick-up areas shall be designed to satisfy the following:
a. The minimum number of parking spaces for employees and visitors shall be provided as required by Section 11-11-13 and shall be located on the same development site as the facility.
b. The minimum number of parking spaces for drop-off/pick-up shall be provided as required by Section 11-11-13 and shall be located within proximity to the main entrance of the facility. No designated drop-off/pick-up area shall require the user to cross a drive aisle. A sidewalk adjacent drop-off/pick-up area using an assigned curb designation that provides the same number of parking spaces may be utilized at the discretion of the city engineer.
§11-12-7 Emergency Shelter Uses.

A. Emergency shelter uses shall comply with the following criteria:

1. Not more than 15 persons, exclusive of staff, shall be permitted on the site if the proposed shelter is located on a lot or parcel of land of less than 20,000 square feet. On lots larger than 20,000 square feet, the maximum number of persons, exclusive of staff, shall be 30.

2. Parking shall be consistent with Section 11-11-13.

3. Emergency shelters shall be allowed subject to zoning clearance.

4. The facility must conform to all standards identified in California Government Code section 65583(a)(4)(B).

5. Emergency shelters are to be available to residents for no more than 180 days (six months). Extensions up to a total of twenty-four (24) months may be provided if no alternative housing is available.

6. The shelter shall be operated by a responsible agency or organization with experience in managing or providing social services. On site management and appropriate security shall be provided at all times.
§11-12-8 Energy Products and Facilities.

A. Solar Energy Systems.

1. Definitions. The following definitions shall apply to section 11-12-8(A):
“Solar Energy System” shall have the same meaning as provided in the Solar Rights Act, Civil Code section 801.5(a), as the same may be amended from time to time. “Specific, Adverse Impact” means a significant, quantifiable, direct and unavoidable impact, based on objective, identified and written public health or safety standards, policies, or conditions as they exist on the date the application was deemed complete.

2. Building Permit Application. Applicants shall apply to the building official for a building permit for all solar energy systems. A building permit or use permit consistent with this section and with Government Code section 65850.5 must be obtained prior to installation of any solar energy system. Small rooftop residential solar energy systems may be eligible for expedited review pursuant to section 10-4-1 of this code.

3. Application Review. Consistent with section 65850.5 of the California Government Code, the building official shall review the application for a solar energy system to determine whether it meets all health and safety requirements of local, state, and federal law necessary to ensure that the solar energy system will not have a specific, adverse impact on public health or safety. Such requirements include, but are not limited to:
a. Solar heating systems may be used for the heating of any new swimming pool, spa or hot tub in compliance with the California Plumbing Code and shall be certified by an accredited listing agency as defined in the California Plumbing and Mechanical Codes.
b. A solar energy system for producing electricity shall meet all applicable safety and performance standards established by the California Electrical Code, the 303
Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability. c. All solar energy system applications shall reference the requirement to notify the appropriate regional notification center of an excavator's intent to excavate, pursuant to Government Code section 4216 et al. before conducting any excavation related to installation of the solar energy system.

4. Administrative Approval. The building official shall issue a building permit for all solar energy systems for which the building official determines the solar energy system meets all health and safety requirements of local, state, and federal law necessary to ensure that the solar energy system will not have a specific, adverse impact on public health or safety, including criteria enumerated in section 11-12-8(A)(3).

5. Discretionary Approval. If the building official finds, based on substantial evidence, that the solar energy system could have a specific, adverse impact on public health and safety, a use permit shall be required. The building official may issue a use permit with appropriate mitigation consistent with section 11-12-8(A)(6) or may deny the application consistent with section 11-12-8(A)(7).

6. Mitigation. The building official may impose conditions on a solar energy system subject to a use permit to mitigate specific, adverse impact on the public health and safety at the lowest possible cost.

7. Findings for Denial. The building official shall deny an application for a solar energy system if the building official determines in written findings based on substantial evidence in the record that: (a) the proposed installation would have a specific, adverse impact on public health or safety; and (b) there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. The findings shall include the basis for rejection of potential feasible alternatives of preventing the specific adverse impact.

8. Appeal to the Planning Commission. A decision of the building official on an application for a solar energy system may be appealed to the planning commission.

B. Oil and Gas Facilities. No oil and gas drilling, exploratory or production shall be permitted within 500 feet of the surface of the ground. No oil or gas separation plant, oil or gas treatment and processing plant and no oil or gas refinery shall be permitted within the city.

C. Cogeneration Facilities. No cogeneration facilities shall be permitted within the city.

D. Wind Energy Systems. No wind systems, wind turbines or wind farms shall be permitted within the city.
§11-12-9 Fair Housing/Nondiscrimination
A. Shared Living Arrangements. Shared living arrangements, including all of the following:
supported housing, transitional housing, residential care facilities, residential care facilities for the elderly, assisted living, independent living centers/senior apartments, life care facilities and other housing types whether licensed facilities, or non-licensed facilities may be occupied without regard to familial status, disability or other population segment stipulated in fair housing statutes.

B. Nondiscrimination. No project shall be denied, nor shall any condition be imposed on a project over which the city has discretionary approval with regard to familial status, disability or other population segment stipulated in fair housing statutes. §11-12-10 Location Filming.

A. Permit Requirement and Findings. A filming permit for the use as background for commercial motion pictures or television of any property regulated by this title may be approved by the planning manager upon written application of the owner of the property or authorized 304
representative, if the planning manager finds that the use will not be detrimental to the public safety, health or welfare.

B. Permit Application. The application shall set forth the following information:

1. The location of the property;

2. The name of the owner of the property;

3. The name and address of the filming company;

4. The name of a representative of the filming company who will be on the property during the filming and responsible for compliance with any conditions imposed by the planning manager;

5. The dates of the filming;

6. The hours of the filming;

7. The methods of illumination; and

8. The plans for parking the motor vehicles and equipment of the filming company.

C. Reasonable Conditions. The planning manager shall have the right to impose reasonable conditions upon the said location filming in order to protect and preserve the public safety, health or welfare.

D. Appeal. The applicant or any property owner, whose property is adversely affected by any decision of the planning manager pursuant to this section, may appeal the decision to the city council as set forth in Chapter 1-6
§11-12-11 Home Occupations.

A. Purpose. This Section establishes procedures and standards for Home Occupation Permits for legal commercial enterprises conducted by an occupant(s) of a dwelling as specified in this Section. These activities may be acceptable if reviewed and appropriately conditioned in compliance with this Section.

B. Applicability. The Home Occupation Permit is intended to permit and regulate home occupations that are conducted within a legally established dwelling. The Home Occupation Permit is only valid for the person to whom it is issued at the address specified in the application.

C. Review Authority.

1. The planning manager is authorized to issue Home Occupation Permits. The planning manager or their designee shall approve, conditionally approve, or deny Home Occupation Permits.

2. In conjunction with the Home Occupation Permit, the applicant shall obtain and maintain a Business Certificate in compliance with Title 3 of the Solvang Municipal Code.

D. Application requirements. An application for a Home Occupation Permit shall be prepared, and filed pursuant to the application and checklist provided by the planning manager. It is the responsibility of the applicant to provide evidence in support of the findings required by Subsection I below.

E. General standards. Home occupations shall conform to the following standards:

1. The home occupation shall be an accessory use to the full-time use of the property as a residence.

2. A home occupation may have a maximum of one employee on-site in addition to the fulltime residents of the dwelling.

3. No home occupation activity shall occupy more than twenty-five (25) percent of the total floor area of the dwelling, or a maximum of 500 square feet, whichever is less. A garage or detached accessory structure may be used for home occupation purposes only if the required off-street parking spaces are continually maintained.

4. There shall be no signs posted on the property associated with the home occupation.

5. There shall be no window display, outdoor storage, or display of equipment, materials, or supplies associated with the home occupation.

6. There shall be no motor vehicles used or kept on the premises associated with the home 305
occupation, except the residents’ passenger vehicles and/or one (1) commercial vehicle not exceeding an unladen weight of 4,500 pounds. Such commercial vehicle shall be parked on-site (i.e., the vehicle shall not be parked on the street) within an allowed parking area. No additional vehicles associated with the home occupation are permitted on- or off-site.

7. No home occupation activity shall create or cause a hazard or nuisance, including, but not limited to, hazards and/or nuisances related to dust, electrical interference, fumes, gas, glare, light, noise, odor, smoke, toxic/hazardous materials, or vibration, as determined by the planning manager.

8. Activities conducted and equipment or materials used shall not change the fire safety or occupancy classifications of the property. The use shall not employ the storage of explosive, flammable, or hazardous materials beyond those normally associated with a residential use.

9. The use shall not require any exterior modifications to the structure not customarily found in a dwelling, nor shall the home occupation activity be visible from a public street or surrounding properties.

F. Permitted Uses. The following uses shall be considered permitted upon the issuance of a Home Occupation Permit:

1. Office-only uses (i.e., professional services, electronic commerce, etc.) where the business activity typically includes phone calls, use of computers, and paperwork.

2. Arts and crafts work (i.e., small handcrafted items, painting, photography, etc.).

3. Repair of small non-hazardous items (i.e., sewing, jewelry, clocks, computer repair, etc.) for mobile businesses where customers do not visit the dwelling.

4. Music, dance, physical and educational instruction limited to one student at a time and no more than three classes per day between the hours of 7:00 a.m. and 8:00 p.m. conducted within the residence (i.e., not within a garage, accessory structure or outdoors).

5. Other uses similar to the above uses as determined by the planning Manager.

G. Prohibited Uses. The following uses shall be prohibited:

1. On-site sales of products or services, unless otherwise specifically allowed in this Section.

2. Automotive and other vehicle repair (i.e., boats, motorcycles, trucks, etc.) and services (body or mechanical), detailing, painting, storage, or upholstery.

3. Welding and machine shop operations, except on properties larger than 20,000 square feet in size.

4. Personal services and personal services, restricted (as defined in Chapter 3 Definitions).

5. Uses that require explosives, highly combustible materials, or toxic materials.

6. Carpenter, wood working, or cabinet making, except on properties larger than 20,000 square feet in size.

7. Wood cutting businesses.

8. Medical and dental offices.

9. Veterinary clinics, animal hospitals and animal boarding.

10. Construction contractor facilities and/or outside storage. An office only use is allowed in compliance with Subsection F.1.

11. Adult-oriented businesses (refer to Chapter 11-14).

12. Other uses determined by the planning manager to be similar to those listed above and/or not compatible with residential uses.

H. Notice and hearing. A public notice and hearing shall not be required for the planning manager’s decision on a Home Occupation Permit.

I. Findings. The planning manager may approve a Home Occupation Permit subject to all of the following findings:

1. The proposed use complies with all applicable requirements of this Section. 306

2. The proposed use is compatible with the surrounding residential uses.

3. The proposed use is clearly an accessory use to the primary use as a full-time residence.

4. The proposed use does not alter the residential character of the dwelling and property.

5. The proposed use will not constitute a hazard to the public, health, safety, or welfare §11-12-12 Live/Work Units
A. Purpose. This Section provides standards for the development of new live/work units and for the reuse of existing commercial and industrial structures to accommodate live/work opportunities where allowed by Chapters 5 through 9 of this zoning code.

B. Permits required. A Conditional Use Permit (CUP) approval is required for a live/work unit project.

C. Limitations on use. The non-residential component of a live/work project shall consist of a use allowed within the applicable zone. A live/work unit shall not be established or used in conjunction with any of the following activities:

1. Adult-oriented businesses;

2. Storage of flammable liquids or hazardous materials beyond that normally associated with a residential use;

3. Welding, machining, or any open flame work; and

4. Any other activity or use determined by the planning manager to be incompatible with residential activities and/or to have the possibility of affecting the health or safety of live/work unit residents because of the potential for the use to create dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or other impacts, or because the use would be hazardous due to the materials, processes, products, or wastes associated with the use.

D. Density. Live/work units in commercial zones shall not exceed the maximum density allowed in the applicable zone.

E. Occupancy requirement. The residential space within a live/work unit shall be occupied by at least one individual employed by the business conducted within the live/work unit.

F. Floor area requirements. The minimum net total floor area of a live/work unit shall be 500 square feet.

G. Design Standards.

1. Building form and design. Building form and design shall be subject to all objective design standards in the applicable zone or established overlay zone.

2. Separation and access. Each live/work unit shall be separated from other live/work units and other uses in the structure. Access to each live/work unit shall be provided from a public street, or common access areas, corridors, or halls.

3. Commercial uses. In commercial and industrial zones, the commercial area shall be adjacent and oriented to the primary street frontage to emphasize the commercial activity towards the street.

4. Mixed occupancy structures. If a structure contains mixed occupancies of live/work units and other non-residential uses, occupancies other than live/work shall meet all applicable requirements for those uses, and proper occupancy separations shall be provided between the live/work units and other occupancies, as determined by the Building Official.

H. Operating Requirements.

1. Sale or rental of portions of unit. No portion of a live/work unit may be separately rented or sold as a commercial or industrial space to any person not living in the premises, nor may any portion of a live/work unit be separately rented or sold as a residential space to 307
any person not working in the same unit.

2. Hours of operation. The hours of operation of the business in a live/work unit shall be restricted to 7:00 a.m. to 10:00 p.m., except for passive activity that produces noise levels that are below the maximum acceptable levels in compliance with the City noise standards contained in Solvang Municipal Code Section 6-2-7.

3. Work area. All business operations shall be conducted within the building interior. No outdoor storage shall be allowed unless authorized by a Conditional Use Permit.

4. Notice to occupants. The owner or developer of any structure containing live/work units shall provide written notice to all live/work occupants and users that the surrounding area may be subject to levels of dust, fumes, noise, or other effects associated with commercial and industrial uses at higher levels than would be expected in more typical residential areas. Noise and other standards shall be those applicable to commercial or industrial properties in the applicable zone.

5. Nonresident employees. Up to two persons who do not reside in the live/work unit may work in the unit, unless such employment is restricted by the Conditional Use Permit.

The employment of three or more persons who do not reside in the live/work unit may be allowed, subject to Conditional Use Permit approval, based on an additional finding that the employment will not adversely affect parking in the immediate vicinity of the unit.

6. Client and customer visits. Client and customer visits to live/work units are allowed subject to any applicable conditions of a Conditional Use Permit to ensure compatibility with adjacent commercial or industrial uses, or adjacent residentially zoned areas.

I. Changes in use. After approval, a live/work unit shall not be converted to either entirely residential use or entirely business use, to which such use is allowed under the applicable zone unless authorized by a Conditional Use Permit.

J. Required findings. The approval of a Conditional Use Permit for a live/work unit shall require that the review authority make all of the following findings, in addition to those findings required for Conditional Use Permit approval (Section 11-16-6):

1. The proposed use of each live/work unit is compatible with residential activities and will not affect the health or safety of the live/work unit residents consistent with Subsection B; and

2. The establishment of live/work units will not conflict with or inhibit commercial or industrial uses in the area where the project is proposed; and

3. In industrial zones, a live/work project will not result in an overconcentration of dwellings that could potentially limit the available land for manufacturing or other job generating uses.
§11-12-13 Medical Cannabis Dispensary.

Notwithstanding anything to the contrary in this zoning code, no cannabis uses as defined in Section 5- 4-2 of the Solvang Municipal Code, other than medical cannabis uses, shall be a permitted use in any zone of the city. No conditional use permit shall be issued permitting cannabis uses other than medical cannabis uses. Medical cannabis uses, as defined and regulated in Title 5, Chapter 4 of the Solvang Municipal Code are allowed only in the CH Zone.
§11-12-14 Mobile/Manufactured Homes.

Where permitted, mobile homes which are certified under the National Manufactured Home Construction and Safety Standards Act of 1974 (42 USC section 5401 et seq.) and constructed on a permanent foundation system, pursuant to Health and Safety Code section 18551, shall be subject to the following requirements:

A. Development Standards. The following development standards shall apply:

1. Roofing and siding shall be non-reflective.

2. Siding shall extend to the ground level.

3. Only one (1) mobile/manufactured home per legal lot with the exception of the MHR zone.
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B. Temporary use of Mobile/Manufactured Homes as offices. Mobile homes which have been converted for use as construction offices, tool storage or for particular work such as electrical shops, cabinet shops and other similar uses and which are not used for human habitation during the night are permitted to be maintained on a building site upon issuance of a temporary use permit (Refer to section 11-16-8) during periods of construction of buildings thereon, provided:

1. Building permits have been issued and are active for the buildings; and,

2. Mobile homes shall be promptly removed upon completion of construction.

C. Temporary use of a Mobile/Manufactured Home as a temporary living quarter. During periods of construction of buildings upon building sites, a mobile home usable for or designed for human habitation may be maintained on such site for use as an on-site overnight security quarters subject to the issuance of a temporary use permit under section 11-16-8 of this Zoning Code, provided:

1. Building permits have been issued and are active for the buildings;

2. Only one such mobile home shall be permitted on a site; and,

3. The mobile home shall be promptly removed upon completion of construction or within one year after placement on the site, whichever is earlier. §11-12-15 Mobile Food Vending
No person shall sell, provide or serve consumable goods, such as food and beverages, and/or provide or sell non-consumable goods to the general public from a motor vehicle, as defined in the California Vehicle Code, or from any other conveyance, whether motorized or not, on private property in any zone in the city, unless such use is permitted under a special event permit issued pursuant to the applicable provisions of this zoning code.
§11-12-16 Night Club
A. Purpose. This section provides standards for night clubs where allowed by Chapter 5 through 9 of this Zoning Code. The standards of this section do not apply to live entertainment associated with Adult-oriented Businesses (Chapter 11-14), nor live entertainment that is an ancillary use to either a restaurant, winery, wine tasting, or microbrewery, provided the use meets the definitions established in Chapter 3.

B. Permit requirements. A night club requires the approval of a Conditional Use Permit by the review authority.

C. Operating Standards. The following shall be minimum operating standards for night clubs.

These standards may be modified by the Review Authority.

1. Night clubs shall not conduct any business, public dance, club/association dance, or cabaret dance between the hours of 1:00 a.m. and 10:00 a.m.

2. The number of persons allowed in the specified premises where night club is allowed shall not exceed those prescribed in the minimum standards, rules and regulations that have been formally adopted by the State Fire Marshal for the protection of life and property against fire nor shall the number exceed those prescribed in adopted California Building Code and Fire Codes.

3. A security plan shall be submitted and reviewed by the Santa Barbara County Sheriff's Office.

4. There shall be no private rooms or booths of any kind in any place or premises, except for the toilet facilities and the office room to which the patrons shall have no access.

5. All premises where any public dance, club/association dance, cabaret dance or teenage dance is taking place shall be open for inspection by any state, county or city official at any time without advance notice.
§11-12-17 Parking Lot Sales
In any CR or CH zone, the operator of an existing retail store, shop or establishment may apply for a temporary use permit for a parking lot sale. If the proposed sale, when added together with the 309
establishment's other parking lot sales within the same calendar year, exceeds four (4) days, a conditional use permit shall be required.
§11-12-18 Recreational Vehicles.

The following regulations apply to Recreational Vehicles parked or stored in Residential Zones, as defined by Chapter 6.

A. Use as living quarters. It is unlawful to utilize a Recreational Vehicle as a dwelling unit.

B. Location. It is unlawful to store or park a trailer or a recreational vehicle within the front setback, side setback, or side street setback of residential use.

C. Screening. A recreational vehicle shall be screened from abutting streets by a six (6) foot-high solid fence.

D. Long Term Storage. Long-term parking or storage of registered vehicles is allowed in the rear portion of a property, provided the long term storage is consistent with the following:

1. Parking or storage of recreational vehicles is prohibited in the front setback.

2. Long term storage of registered vehicles is located outside of the side and rear yard setback;

3. Long term storage of registered vehicles shall not be located in a manner as to impede safe entry to or exit from any residential structure; and,

4. Long term storage of registered vehicles is screened from view by other lots and the public right-of-way with a six (6) foot solid fence.

E. Other Recreational Vehicles. It is unlawful to store unregistered, junked or derelict, or inoperable recreational vehicles; vehicles; trailers; farm, construction, or industrial equipment, or boats in residential zones.
§11-12-19 Restaurant Supplement Regulations
A. Walk-Up Food Service Windows. No new or expanded walk-up food service window shall be permitted in the Village Mixed Used (VMU) Zone on the following streets: Copenhagen Drive, Mission Drive, Alisal Road. This prohibition includes walk-up food service windows fronting on primary public streets, as determined by the planning manager. Notwithstanding the foregoing, walk-up food service windows which provide service to outdoor patios and seating areas on private property, or fronting alleys and secondary streets are permissible in the VMU Zone if, in the determination of the planning manager, the following criteria are met:

1. Adequate space shall be provided for customers in line at the walk-up food service window so that customers in line will not block public sidewalks or be in line on public property. Space for a line to a walk-up food service window is considered adequate when it is located entirely on private property within an outdoor patio or seating area and is a minimum of ten (10) feet long by five (5) feet wide.

2. Any seating provided in an outdoor patio or seating area served by the walk-up food service window shall not block customers standing in line.

3. The walk-up food service window and the patio or seating area served by the walk-up food service window shall meet all applicable disability access standards consistent with the California Building Code in effect at the time of building permit issuance.

B. Drive-Through Facilities. No new or expanded drive-through facility shall be permitted in any zone of the city. Existing financial institution drive-through facilities may be modified to incorporate an automated teller machine (ATM) into the current operation, provided all other drive-through facilities on the site are eliminated.

C. Formula Restaurants. No new or expanded formula restaurant shall be permitted in the Village Mixed-Use (VMU) Zone.
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§11-12-20 Short-term/vacation rental regulations.

A. Definitions. As used in this section:

1. Transient. Has the same meaning as set forth in Section 3-2-1 of the Solvang Municipal Code.

2. Vacation Rental. Any structure, as defined in the Building Code adopted in Title 10, Chapter 1 of the Solvang Municipal Code, which exists, is constructed, or which is maintained or used upon any premises for the purpose of transient lodging.

B. Application Process. Persons wishing to use a structure as a vacation rental shall do all of the following:

1. Complete a vacation rental certificate request form, which form shall be provided by the planning manager.

2. Submit the following information in support of a vacation rental certificate:
a. The name, address and telephone number of the property owner and a contact person/entity that can be reached via telephone twenty-four (24) hours a day, seven (7) days a week, to respond to complaints regarding the use of the vacation rental. The contact person/entity shall reside or maintain a physical business address within twenty-five (25) miles of the vacation rental. A post office box or private mail drop address shall not be deemed to comply with the requirement of maintaining a residence or physical business address. An owner of a vacation rental who resides within a twenty-file (25) mile radius of the vacation rental unit may designate him or herself as the contact person. Any change in the contact person's address or telephone number shall be promptly furnished to the city.
b. A scaled site plan and floor plan including bedroom locations and dimensions, parking locations and dimensions.
c. A copy of the proposed notice setting forth the name, address, and telephone number of the contact person required in subsection (B)(1)(a) of this section shall be posted inside the vacation rental unit.
d. Proof of written notification to all property owners within 100 feet of any point on the property containing the vacation rental, describing the proposed vacation rental use, including the number of separate vacation rental units, the number of on-site parking spaces and the telephone number of the contact person/entity set forth in subsection (B)(2)(a) of this section.
e. Evidence of a valid transient occupancy registration certificate issued by the tax administrator for the vacation rental pursuant to Section 3-2-4 of the Solvang Municipal Code.
f. Acknowledgment that the owner and contact person/entity, if any, have read all this chapter, and acknowledgement of their responsibility to assist in enforcement for payment of transient occupancy taxes.
g. A proposed limitation for the number of overnight and daytime guests. h. Such other information as the planning manager deems reasonably necessary to administer this chapter.

C. Vacation Rental Standards.

1. Each vacation rental shall provide the number of parking spaces required under section 11-11-13 for short-term/vacation rentals.

2. Each vacation rental shall provide for garbage removal as required by the Solvang Municipal Code.

3. Ongoing Requirements for Vacation Rental Operation.

4. The operator of the vacation rental shall, at all times while the property is being used as a vacation rental, maintain a contact person/entity that can be reached via telephone twenty-four (24) hours a day, seven (7) days a week, to respond to complaints regarding the use of the vacation rental. The contact person shall respond, either in person, or by return telephone call, within three hours of a complaint, and the contact person shall provide the complaining party a proposed resolution to the complaint. 311

5. The operator or contact person/entity shall use best efforts to ensure that the occupants and/or guests of the vacation rental do not create unlawful noise or disturbances, engage in disorderly conduct, or violate provisions of this zoning code or any state law pertaining to noise or disorderly conduct, by notifying the occupants of the rules regarding vacation rentals and responding in person when notified that occupants are violating laws regarding their occupancy. Notwithstanding the retention of a separate contact person/entity, the owner of the vacation rental is responsible for compliance with the provisions of this chapter and the failure of an agent, representative, or contact person to comply with this chapter shall be deemed noncompliance by the owner.

6. The operator of the vacation rental shall annually, not later than December 31 of each year:
a. Notify in writing all property owners within 100 feet of any point on the property containing the vacation rental, that the property will continue to be used as a vacation rental, or if the vacation rental has been returned to use as a private residence; and
b. Provide in writing to all property owners within 100 feet of any point on the property containing the vacation rental the name, address and telephone number of the contact person required in subsection (D)(1) of this section.

7. A written notice shall be conspicuously posted inside each vacation rental unit setting forth the name, address and telephone number of the contact person required in subsection (D)(1) of this section. The notice shall also set forth the maximum number of occupants permitted to stay overnight in the unit, the maximum number of vehicles allowed to be parked on-site, and the day(s) established for garbage collection. The notice shall also provide the non-emergency telephone number of the Solvang sheriff's department.

8. Any advertising of the vacation rental shall include the vacation rental permit number provided by the city. No signs may be posted at the vacation rental.

9. The number of overnight and daytime guests shall be in accordance with the approved numbers on the vacation rental certificate. The number of overnight guests shall be limited to two adults per bedroom and two adults occupying another space in the unit.

Daytime guests should not exceed twice the amount of overnight guests.

10. Special events (i.e., weddings and celebrations) at a vacation rental shall be limited to three per calendar year, and are subject to written approval and conditions established by the planning manager.

D. Permissible Locations.

1. This section is intended to apply to the Village Mixed-Use (VMU) Zone.

2. Vacation rentals shall be allowed on the south side of Copenhagen Drive east of Fifth Street only at the properties addressed as follows:
1506 Copenhagen Drive
1510 Copenhagen Drive
1514 Copenhagen Drive
1518 Copenhagen Drive
1522 Copenhagen Drive
1524 Copenhagen Drive
1532 Copenhagen Drive
1540 Copenhagen Drive
1546 Copenhagen Drive

3. Residential units within a project that utilize State Density Bonus consistent with 11-11- 16 shall not be eligible to obtain Vacation Rental permits.

E. Violations and Enforcement.

1. It is unlawful and a misdemeanor for any person to construct for vacation rental use, to convert to vacation rental use, to offer to another for vacation rental use, or to occupy as a vacation rental use any portion of any structure or facility without full compliance with 312
this chapter.

2. In addition to, or in lieu of criminal sanctions set forth in subsection (E)(1) of this section, administrative penalties, including a notice of violation, shall be imposed, and permits shall be revoked, in the manner provided in this subsection (E)(2). a. The planning manager shall conduct an investigation whenever there is reason to believe that an owner has failed to comply with the provisions of this chapter.

Should the investigation reveal substantial evidence to support a finding that a violation occurred, the planning manager shall issue written notice of the violation and intention to impose a penalty and/or revoke the permit. The written notice shall be served on the owner and operator or agent and shall specify the facts which, in the opinion of the planning manager constitute substantial evidence to establish grounds for imposition of the penalties and/or revocation, and specify that the penalties will be imposed and/or that the permit will be revoked within 15 days from the date the notice is given unless the owner and/or operator files with the city clerk the fine amount and a request for a hearing before the city manager. The penalties for violations of this section shall be as follows:
i. Administrative penalty amounts shall be established by resolution of city council and shall not exceed the amounts authorized by Government Code section 53069.4 and Government Code section 36900(d).
ii. In addition to administrative penalties, the planning manager may suspend or revoke the permit as follows: For the first violation within any 12-month period, suspension of the permit for a period not to exceed three months. For a second violation within any 12-month period, suspension of the permit for a period not to exceed six months. For a third violation within any 12-month period, suspension of the permit for a period not to exceed one year.
b. If the owner requests a hearing within the time specified in subsection (E)(2)(a) of this section, the city clerk shall serve written notice on the owner and operator, by mail, of the date, time and place for the hearing which shall be scheduled not less than fifteen (15) days, nor more than forty-five (45) days of receipt of request for a hearing. The City Manager may preside over the hearing or may designate a hearing officer to take evidence and submit proposed findings and recommendations to the city manager. The City Manager shall impose the penalties or revoke the permit only upon a finding that a violation has been proven by a preponderance of the evidence, and that the penalty or revocation is consistent with the provisions of this Section. The City Manager shall render a decision within thirty (30) days of the hearing and the decision shall be final.

3. The City Manager or designee shall have the authority to impose additional conditions on any permit in the event of any violation of the conditions of the permit or the provisions of this Section.
§11-16-21 Reserved.
§11-16-22 Small Residential Rooftop Solar Systems.

A. Definitions. For the purposes of this section, the following terms are specifically defined.

1. Association. A nonprofit corporation or unincorporated association created for the purpose of managing a common interest development.

2. Common Interest Development. Any of the following:
a. A community apartment project.
b. A condominium project.
c. A planned development.
d. A stock cooperative.

3. Electronic Submittal. The utilization of one or more of the following:
a. E-mail;
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b. The internet;
c. Facsimile.

4. Reasonable Restrictions. Those restrictions on a solar energy system that do not significantly increase the cost of the system or significantly decrease its efficiency or specified performance, or that allow for an alternative system of comparable cost, efficiency, and energy conservation benefits.

5. Restrictions That Do Not Significantly Increase the Cost of the System or Decrease its Efficiency or Specified Performance.
a. For water heater systems or solar swimming pool heating systems: an amount exceeding 10% of the cost of the system, but in no case more than $1,000, or decreasing the efficiency of the solar energy system by an amount exceeding 10%, as originally specified and proposed.
b. For photovoltaic systems: an amount not to exceed $1,000 over the system cost as originally specified and proposed, or a decrease in system efficiency of an amount exceeding 10% as originally specified and proposed. c. Small Residential Rooftop Solar Energy System. All of the following:

6. A solar energy system that is no larger than 10 kilowatts alternating current nameplate rating or 30 kilowatts thermal.
a. A solar energy system that conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the city and all state and city health and safety standards.
b. A solar energy system that is installed on a single-or duplex-family dwelling. c. A solar panel or module array that does not exceed the maximum legal building height as defined by the city.

7. Solar Energy System. Either of the following:
a. Any solar collector or other solar energy device whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating, space cooling, electric generation, or water heating. b. Any structural design feature of a building, whose primary purpose is to provide for the collection, storage, and distribution of solar energy for electricity generation, space heating or cooling, or for water heating.

8. Specific, Adverse Impact. A significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.

B. Purpose. The purpose of this section is to adopt an expedited, streamlined solar permitting process that complies with Government Code Section 65850.5 to achieve timely and cost effective installations of small residential rooftop solar energy systems. This section encourages the use of solar systems by removing unreasonable barriers, minimizing costs to property owners and the city and expanding the ability of property owners to install solar energy systems.

This section allows the city to achieve these goals while protecting the public health and safety.

C. Applicability.

1. This section applies to the permitting of all small residential rooftop solar energy systems in the city.

2. Small residential rooftop solar energy systems legally established or permitted prior to the effective date hereof are not subject to the requirements of this section unless physical modifications or alterations are undertaken that materially change the size, type, or components of a small rooftop energy system in such a way as to require new permitting. Routine operation and maintenance or like kind replacements shall not require a permit.

D. Solar Energy System Requirements.

1. All solar energy systems shall meet applicable health and safety standards and requirements imposed by the state and the city local fire department or district (and utility director, if applicable).
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2. Solar energy systems for heating water in single-family residences and for heating water in commercial or swimming pool applications shall be certified by an accredited listing agency as defined by the California Plumbing and Mechanical Code.

3. Solar energy systems for producing electricity shall meet all applicable safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability.

E. Duties of Building Department and Building Official.

1. All documents required for the submission of an expedited solar energy system application shall be made available on the publicly accessible city website.

2. Electronic submittal of the required permit application and documents (by e-mail, the internet, or facsimile) shall be made available to all small residential rooftop solar energy system permit applicants.

3. An applicant's electronic signature shall be accepted on all forms, applications, and other documents in lieu of a wet signature. The city building department shall adopt a standard plan and checklist of all requirements with which small residential rooftop solar energy systems shall comply to be eligible for expedited review.

4. The small residential rooftop solar system permit process, standard plan(s), and checklist(s) shall substantially conform to recommendations for expedited permitting, including the checklist and standard plans contained in the most current version of the California Solar Permitting Guidebook adopted by the Governor's Office of Planning and Research.

5. All fees prescribed for the permitting of small residential rooftop solar energy system must comply with Government Code sections 65850.55, 66015, 66016, and Health and Safety Code section 17951.

F. Permit Review and Inspection Requirements.

1. The city building department shall adopt an administrative, nondiscretionary review process to expedite approval of small residential rooftop solar energy systems within 30 days of the adoption of this section. The building department shall issue a building permit or other nondiscretionary permit (the same day for over the counter applications or within one to three business days for electronic applications of receipt of a complete application) and meet the requirements of the approved checklist and standard plan. A building official may require an applicant to apply for a use permit if the official finds, based on substantial evidence, that the solar energy system could have a specific, adverse impact upon the public health and safety. Such decisions may be appealed to the planning commission.

2. Review of the application shall be limited to the building official's review of whether the application meets local, state, and federal health and safety requirements.

3. If a use permit is required, a building official may deny an application for the use permit if the official makes written findings based upon substantive evidence in the record that the proposed installation would have a specific, adverse impact upon public health or safety and there is no feasible method to satisfactorily mitigate or avoid, as defined, the adverse impact. Such findings shall include the basis for the rejection of the potential feasible alternative for preventing the adverse impact. Such decisions may be appealed to the planning commission. Any condition imposed on an application shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost.

4. "A feasible method to satisfactorily mitigate or avoid the specific, adverse impact" includes, but is not limited to, any cost effective method, condition, or mitigation imposed by the city on another similarly situated application in a prior successful application for a permit. The city shall use its best efforts to ensure that the selected method, condition, or mitigation meets the conditions of subparagraphs (A) and (B) of paragraph (1) of subdivision (d) of section 714 of the Civil Code defining restrictions that do not 315
significantly increase the cost of the system or decrease its efficiency or specified performance.

5. The city shall not condition approval of an application on the approval of an association, as defined in section 4080 of the Civil Code.

6. If an application is deemed incomplete, a written correction notice detailing all deficiencies in the application and any additional information or documentation required to be eligible for expedited permit issuance shall be sent to the applicant for resubmission.

7. Only one inspection shall be required and performed by the building department for small residential rooftop solar energy systems eligible for expedited review.

8. The inspection shall be done in a timely manner and should include consolidated inspections. An inspection will be scheduled within two business days of a request and provide a two hour inspection window.

9. If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized but need not conform to the requirements of this section. §11-12-22 Special Events.

Refer to Title 8, Chapter 9, Special Events.
§11-12-23 Swimming Pools and Spas
A. Swimming pools, spas and appurtenant structures shall be classified as accessory uses.

B. Pools, spas and appurtenant structures shall not be located in the required front or side yard setback area and shall not be closer than five (5) feet of any other property line where there is no rear or side setback required.

C. Pools and spas shall be subject to further regulations as specified under the Title 10 of the Solvang Municipal Code.
§11-12-25 Underground Utility / Utility Infrastructure.

A. Applicability. The specific regulations contained within this section shall apply to:

1. All oil transmission and distribution pipelines.

2. All gas transmission and distribution lines excluding public utility gas lines less than 12 inches in diameter.

3. Wastewater pipelines excluding those incidental to and located within an oil production lease area.

B. Processing. No permits for development, including grading, shall be issued except in conformance with an approved Conditional Use Permit as provided in Section 11-16-6. The following information, in place of the information listed in Section 11-16-6, must be filed with an application:

1. A brief statement describing the proposed project.

2. A plot plan showing:
a. Property, easement and pipeline right-of-way boundaries. b. Proposed road construction or modification.
c. Area to be used for construction.
d. Area to be used for access and maintenance during pipeline operation. e. Existing roads, watercourses and pipelines within the pipeline right-of-way. f. Location and type of existing and proposed structures within fifty (50) feet of the pipeline right-of-way.
g. Proposed alteration of surface drainages.

3. A contour map showing existing and proposed contours.

4. Measures to be used to prevent or reduce nuisance effects, such as noise, dust, odor, smoke, fumes, vibration, glare and to prevent danger to life and property.

5. A revegetation and site restoration plan shall be prepared by the applicant which includes provisions for restoration of any biologically important habitats which will be 316
disturbed by construction or operational. Said plan shall be subject to approval by the planning manager during project review.

6. Any other reasonable information as deemed necessary by the planning manager.

7. In addition, for oil and gas pipelines, an updated emergency response plan that addresses the potential consequences and actions to be taken in the event of hydrocarbon leaks or fires shall be submitted. The emergency response plan shall be approved by the city manager and fire department unless said plan has received previous approval by the Public Utilities Commission.

C. Findings Required for Approval. In addition to the findings for approval of a Conditional Use Permit set forth in Section 11-16-6, the Review Authority shall make the following finding:

Considering the mitigation measures proposed by the applicant to minimize environmental impacts, there are no feasible alternative routes for the pipeline corridor that are less environmentally damaging.

D. Development Standards.

1. The following standards shall apply to all pipeline projects:
a. Except in an emergency, no materials, equipment, tools or pipes shall be delivered to or removed from a pipeline construction site through streets within any residential zone between the hours of nine (9:00) p.m. of one day and seven (7:00) a.m. of the next day.
b. After completion of backfilling and compacting of the pipeline ditch, the site shall be returned to grade where practical and the excess soil shall be removed to an appropriate disposal site.
c. During construction of the pipeline, there shall be no permanent blocking of surface drainages.
d. A pipeline corridor shall be sited so as to avoid significant impacts to resources (e.g., aquatic habitats, archaeological areas) to the maximum extent feasible. e. Where pipeline segments carrying hydrocarbon liquids pass through sensitive resource areas (e.g., aquatic habitats) as identified by the project environmental review, provisions identified in the environmental review shall be applied to minimize the amount of liquids released in the sensitive areas in the event of a spill. The potential for damage in those areas shall be minimized by considering spill volumes, duration and trajectories in the selection of a pipeline corridor. In addition, appropriate measures for spill containment and cleanup (e.g., catch basins to contain a spill) shall be included as part of the required emergency response plan.

2. In addition, the following standards may be applied to the extent deemed necessary by the review authority:
a. A performance security shall be provided in an amount sufficient to ensure completion of all requirements of the approved revegetation and restoration plan and shall be released upon satisfactory completion.
b. Disturbed areas shall be jointly inspected by the applicant and city staff one year after completion of construction to assess the effectiveness of the revegetation and restoration program. This inspection shall continue on an annual basis to monitor progress in returning the site to preconstruction conditions or until no additional monitoring is deemed necessary to the planning manager. Inspection results shall be submitted annually to the planning manager and additional treatment of the site will be applied as deemed necessary by planning division. c. Aboveground sections of the pipeline and related facilities excepting those placed on a temporary basis for a testing period not to exceed one year, shall be visually compatible with the present and anticipated surrounding by use of any or all of the following measures where applicable: buffer strips; depressions, natural or artificial; screen planting and landscaping continually maintained; and camouflage and/or blending colors.
317
d. Proposed facilities shall be designed and housed such that the noise generated by the facilities as measured at the property boundaries shall be equal to or below the existing noise level of the surrounding area except under temporary testing or emergency situations. Measures to reduce adverse impacts (due to noise, vibration, etc.) to the maximum extent feasible shall be used for facilities located adjacent to noise sensitive locations as identified in any applicable General Plan Noise Element.

Chapter 13
Sign regulations
§ 11-13-1 Title.

The regulations contained in this chapter shall be known and referred to as the "Sign Regulations" or "Solvang Sign Ordinance" and the provisions of this chapter shall prevail over any conflicting provisions of this title or of this code. The procedures set forth in this chapter shall prevail over any procedures set forth in other chapters of this title, except where state law requires otherwise. § 11-13-2 Purpose and intent.

The city has a national and international reputation as a unique and distinctive Danish/Northern European village in a California setting of natural beauty and historic tradition. Solvang possesses a special small town character that draws residents and visitors to the area. The suitability and appropriateness of signage helps to maintain and perpetuate this unique community identity. As a prominent part of the scenery, signage will attract or repel the viewing public and affect the safety of vehicular and pedestrian traffic. Because the city relies on its physical beauty and village design theme to attract tourism and commerce, aesthetic considerations are essential to the economic welfare and future economic significance of the community. Therefore, it is the intent of the city, through this chapter, to protect and enhance the city's character and its economic base through the provision of appropriate and aesthetically attractive signage. It is also the intent to minimize their distracting effect on vehicle drivers by limiting the size, type and location of signs and therefore improve traffic safety.

It is the expressed policy of the city that signs are to be tastefully designed, understated and are to create a harmonious relationship in terms of color, size, materials and appearance with the buildings and the surroundings on which they are placed. It is also the intent to help perpetuate the old world Danish/Northern European design theme in the village area through appropriate and authentically designed signage. Additionally, such signs must serve primarily to identify the legal name of the establishment, organization or business on which they are placed without excessive competition for visual attention (see definition of "sign verbiage").

The city has two distinctly different commercial areas: the village and the Alamo Pintado commercial areas. The village, as shown as the Village Mixed-Use (VMU) Zone on the city's zoning map, is of a distinct Danish/Northern European theme primarily oriented to the tourist trade with special architectural standards which reflect this theme. Signage in this area must be designed in character with the old world vernacular. The Alamo Pintado commercial area is distinctively different. This area functions primarily for the needs of the local Solvang and Santa Ynez Valley community. The architectural style is not characterized by any particular theme except to be well landscaped, set back and well integrated architecturally. Since these areas function differently and maintain their own architectural character, the style of signage shall reflect the individual design character of these areas.

These sign regulations are also based upon the city's responsibility to protect the general public's health, safety and welfare. The city finds that it is in the interest of aesthetics, economic development, traffic safety, and pedestrian safety to enact these sign regulations. These sign regulations will:

A. Maintain and improve the aesthetic environment and overall community appearance to foster the city's ability to attract sources of economic development and growth; B. Encourage the effective use of signs as a means of communication in the city and reduce 318
possible traffic and safety hazards from confusing or distracting signs; C. Implement quality sign design standards that are consistent with the city's general plan, zoning ordinance and appearance review guidelines;
D. Enable fair and consistent enforcement of these sign regulations; E. Minimize possible adverse impacts of signs on private and public property in order to maintain property values and to maintain a positive city image;
F. Enhance traffic safety by ensuring that signage does not distract, obstruct or otherwise impede traffic circulation and to safeguard and preserve the health, property, and public welfare of Solvang residents through prohibiting, regulating, and controlling the density, location, and maintenance of signs;
G. Permit noncommercial signage wherever other signage is permitted within this chapter subject to the same standards and total maximum allowances for a site of each sign type specified in this chapter.
§ 11-13-3 Applicability.

This chapter shall apply to all property and land within the jurisdiction of the city of Solvang. It is unlawful for any person, firm, or corporation that owns, occupies, or controls property in the city of Solvang to construct, maintain, display, alter, or allow to exist, a sign within the city, except in conformance with this chapter.
§ 11-13-4 Exempt signs and devices.

The following signs and devices are exempt from the provisions of this chapter. The following signs may be installed without a sign permit provided they meet the requirements listed below:

A. Civic Event Signs. Any civic event sign. Signs may be erected not more than 30 days prior to the event and shall be removed within 24 hours after the time of the event and shall not exceed 24 square feet in size. Only one such sign shall be erected per lot.

B. Construction Signs. One temporary construction sign, provided the sign does not exceed six square feet in a One-Family Residence District or 24 square feet in all other districts, is used only to indicate the name of the construction project and the names and locations of the contractors, architects, engineers, landscape designers, project or leasing agents and the financing company, is displayed during construction only, and does not exceed six feet in height at the edge of the public right-of-way when freestanding.

C. Governmental Signs. Signs required to be maintained or posted by law or governmental order, rule or regulation. Signs specifically required by federal, state or city law, of the minimum size required.

D. Hazard Warning Signs. Any temporary sign warning of construction excavation or similar hazards as long as the hazard exists.

E. Noncommercial Signs. A noncommercial sign, not exceeding six square feet total for each lot in residential districts and 24 square feet total for each lot in nonresidential districts. Such a sign shall be erected only with the permission of the property owner or tenant. In each instance and under the same conditions to which this chapter permits any sign, a sign containing an ideological, political or other noncommercial message and constructed to the same physical dimensions and character shall be permitted.

F. No Trespassing Signs. Any “no trespassing” sign, prohibiting or restricting access to property, provided it is not more than one square foot in size, is placed at each corner and each entrance to the property and at intervals of not less than 50 feet or in compliance with requirements of 319
law.

G. Official Signs. Official federal, state and local sign and notice issued by any court, person or officer in performance of a public duty.

H. Open House Signs. Any temporary “open house” sign. Only one sign is allowed on each street frontage of the property. Such a sign may be single or double faced and is limited to three square feet or less. Its supporting structure shall not exceed four feet in height. A maximum of three off-site signs shall be allowed. Such signs shall be erected and removed on the day of the open house, and shall not be fastened or attached in any way to any building façade or architectural element.

I. Parking Lot/Directional Sign. Any parking lot and other traffic directional sign not to exceed two square feet in area limited to guidance of pedestrian or vehicular traffic within the premises upon which they are located. There shall be erected no more than three such signs in each parking lot or more than one per entrance.

J. Product/Operating Information Signs. Any gasoline pump, telephone booth, and newsrack sign, provided any sign on such a device identifies only the product contained therein, or displays operating instructions, and the lettering does not exceed two inches in height.

K. Real Estate Signs. A sign on a building or in the ground which indicates that the property is for sale, rent or lease. Only one such sign is allowed on each street frontage of the property. Such a sign may be single or double faced and is limited to six square feet or less, including any portions of the sign that hang off the bottom (e.g., price reduced, do not disturb occupant, in escrow, etc.) on property in all zone districts and shall not exceed six feet in height as measured from the edge of the public right-of-way when freestanding. If affixed to the building, such signs shall be secured using semipermanent fasteners such as screws or nails. Use of tape or string, or draping on the outside of the building is not permitted.

L. Residential Identification Signs. One identification sign of not more than one square foot for a residence.

M. Street Identification Signs. Any street name and/or address stamped or painted on a curb.

N. Temporary Festival Decorations. Any temporary festival decoration or display, except one requiring a building, electrical or other permit (see definition of “temporary festival decoration”).

O. Temporary Signs.

1. One temporary sign placed in a window advertising or announcing a civic event or function, a community service or an activity of a charitable or nonprofit organization.

Such sign shall not exceed six square feet.

2. One temporary fundraising event sign placed in a window or a planter, not to exceed six square feet.

P. Traffic Safety Signs. Traffic control and directional signs or devices erected by local, county or state government.

Q. Utility Signs. Signs erected by a public utility or common carrier to warn of dangers, such as the location of underground facilities.

R. Window Signs. Signs within 18 inches of the window and not affixed to the window, which do not exceed one square foot.
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§ 11-13-5 Prohibited signs.

The following signs are prohibited and subject to immediate abatement by the city of Solvang's code enforcement officer:

A. Attention Getting Devices.

1. Signs which rotate, move, glare, flash, change, reflect, blink, or appear to do any of the foregoing, except signs as designed in the old world style in the village area as determined by the design review committee.

2. Animated signs except as designed in the old world style in the village area as determined by the design review committee.

3. Outdoor decorations, embellishments, ornaments or merchandise used as an attention getting device, including, but not limited to: fabric, plastic, wood, balloons, paper, metal or merchandise attached or placed outside of a single commercial business, a shopping center or complex, except as approved by the design review committee in accordance with section 11-13-14 "Exceptions to Sign Standards," of this chapter. Outdoor planters and temporary festival decorations shall not be considered as outdoor decorations.

4. Any temporary sign outside of a building or attached to the exterior of a building, including banners, placards, streamers, balloons or similar devices, except as provided in section 11-13-4 of this chapter.

5. Signs visible from the public street, parking lot, or exterior areas attached or placed on merchandise or material stored outdoors.

6. Signs which cover or interrupt architectural features, with the exception of approved temporary signs.

7. Commercial mascot signs, within the village area.

B. Awning or Canopy Signs. Signs on awnings or canopies, except on the valance and approved by the design review committee.

C. Banners. Banners, except by special permit issued by the city manager.

D. Billboards. Billboards or billboard type signs.

E. Changeable Copy Signs. Signs containing changeable copy, except theater marquee signs, business directories, church, museum signs, gas price signs, restaurant menu display cases, and chalkboards, as approved by the design review committee. Changeable copy signs may be integrated into the ground or pole sign up to 15 square feet as additional signage to the maximum allowed upon design review committee approval.

F. Hazardous Signs. Signs that create a hazard by obstructing clear views of pedestrian and vehicular traffic.

G. Inflatable signs.

H. Internally Illuminated Signs. Signs with internal illumination, except as permitted in subsection 11-13-7(A)(14) of this chapter.

I. Mobile Commercial Signs. No person shall park any vehicle on a public right-of-way or in a location on private property which is visible from a public right-of-way which has attached thereto or suspended therefrom any sign, except a sign painted directly upon, magnetically affixed to or permanently affixed to the body or other integral part of the vehicle. The primary 321
use of such vehicles shall be in operation of the business and not in advertising or identifying the business premises. The vehicle shall not be parked for the sole purpose of advertising.

J. Neon and LED Signs. Neon and LED signs within the village area, visible from the exterior of the building, with the exception of one of the following for a hotel/motel: "No," "Sorry No" or "Vacancy" sign. Neon and LED signs outside the village area greater than two square feet in size.

K. Obscene Signs. Any sign displaying obscene, indecent or immoral matter.

L. Off-Premises Signs. Off-site commercial signs, except real estate signs, governed by California Civil Code section 713.

M. Pole Signs. Pole signs, with the exception of designs approved by the design review committee for single businesses having an appropriate setback and building frontage which exceeds 100 linear feet.

N. Portable commercial signs.

O. Roof Signs. Signs and any other graphics which extend, wholly or in part, above the eave line of a structure to which it is attached.

P. Second Floor Signs. Signs on second floors for businesses on the first floor, except as permitted in subsection 11-13-7(A)(10) of this chapter.

Q. Signs Which Block Ingress or Egress. Any sign, except as may be required by other code or ordinance, placed or maintained so as to interfere with free ingress or egress from any door, window or fire escape.

R. Signs Without Permission of Owner. Signs erected without the permission of the owner, or his or her agent, of the property on which such sign is located.

S. Signs on Public Property. Any sign, other than a sign installed by a public agency or as approved by the city council, located in or on any public property, including sidewalks and parkways.

T. Simulated Traffic Sign. Any sign which by color, shape, wording or location, resembles or conflicts with any traffic control sign or device. Any sign containing red, yellow or green lights, within 30 feet of a public right-of-way that could be confused with traffic signal lights.

U. Signs on Trees, Poles, Etc. Any sign, generally of a temporary nature, posted or attached to trees, poles, stakes, fences or the exterior of a building or structures.

V. Signs on Utility Poles or Traffic Control Devices. Signs attached or placed adjacent to any utility pole, parking meter, traffic signpost, traffic signal, historical marker or any traffic control device.

W. Window Signs. Signs in the window, adhered to the glass, except for open, closed and hours, help wanted and temporary window signs approved by the planning manager pursuant to section 11-13-11 of this chapter. Except decorative window painting and lettering pursuant to subsection 11-13-10(E) of this chapter.
§ 11-13-6 Plans for shopping, office and industrial complexes.

A. An overall sign plan shall be required for shopping centers, office complexes, industrial centers and shopping complexes in accordance with section 11-13-18 of this chapter. The owner of the real property shall apply for approval of an overall sign plan for a particular center or complex.

Overall sign plans are subject to review and approval by the design review committee. If no 322
overall sign plan is on file, individual shops will be required to be reviewed on an individual basis.

B. All signs shall be in substantial compliance as determined by the planning manager with the approved overall sign plan for the particular center.
§ 11-13-7 Sign standards.

A. Standard Regulations.

1. Signs are to primarily serve to identify the name of the business. Additional business specific information may be included (see definition of "business specific information").

2. Business specific information is limited to six words per sign. If multiple signs are proposed, the same six words are to be used. (For example, if three signs are proposed, the signs may not have a total of 18 different descriptors.) Websites and telephone numbers will count as one word each.

3. If a website is proposed as part of the business specific information, it may not include "www" or "http.//" (i.e., cityofsolvang.com).

4. Within the village area, letter height shall be limited to a maximum of eight inches, except where it can be found that a larger letter height is consistent with building size, architecture or setback from public right-of-way as determined by the design review committee.

5. Outside the village area, letter height shall be limited to a maximum of 10 inches, except where it can be found that a larger letter height is consistent with building size, architecture or setback from public right-of-way as determined by the design review committee.

6. A relocated sign shall be considered a new sign and shall require review and approval by the design review committee for the new location.

7. Sign color must be consistent with the eighteenth century Danish/Northern European design theme as illustrated in the design review committee guidelines and is subject to approval by the design review committee. Day-Glo and neon colors are not permitted.

8. Architectural projections or sign structures shall not increase the number or area of permitted signs, nor shall they be used as a device which is, in itself, a sign, unless such a sign is permitted under this chapter.

9. Sign structures shall be free of unsightly electrical or supporting features, such as bracing, angle iron, guywires and cables.

10. Individual businesses located on the second or third floor of a building will have the same criteria as those located on the ground floor. The total sign area for all signs shall be computed as specified in subsection (C)(1) of this section. All signs must be located on the building level of business location (i.e., signs for a second/third floor business may not be hung on the first floor of the building).

11. A projecting, hanging or under canopy sign must clear the nearest sidewalk by a minimum of seven feet. Projecting signs may project no more than four feet into the public right-of-way.

12. A kiosk is permitted on private property in all nonresidential districts, subject to approval of the design review committee. Kiosks on public property must be approved by the city council.

13. Externally illuminated signs shall use top mounted light fixtures which shine light downward and are fully shielded. Low lumen output lights are encouraged. Such lighting shall be approved by the design review committee. Landscape lighting shall not illuminate signage.

14. Signs may be internally illuminated, with light directed through the letters set in an opaque background. Internally illuminated signs in the village area are restricted to one "Vacancy/No Vacancy" sign per hotel/motel and one "Open" or "Serving" sign per primary food/beverage establishment only. (See definition of "lighted sign.")

15. Churches, schools, and other public or semipublic facilities may have one site sign not exceeding 18 square feet in area, provided that, except for the name of the premises, the lettering shall not exceed three inches in height, and such signs in residential districts shall not be internally illuminated. 323

16. Display cases are permitted with design review committee approval. Such display cases shall not exceed 20 square feet. Any signage (i.e., name of business) within or on the display case, shall be calculated into total sign square footage allowed pursuant to sections 11-13-8 and 11-13-9 of this chapter.

17. A flat silhouette cutout sign may be permitted within the village area in addition to allowable square footage, provided that the following criteria are met:
a. Silhouette cutout sign shall be in conformance with the definition of a symbol sign.
b. Silhouette cutout sign shall require design review committee and approval. c. Silhouette cutout sign must be constructed of wood or metal only. d. The design review committee must determine that the size of the silhouette cutout sign is proportionate to the building or suite that the sign is proposed to enhance.
e. Lettering shall not be allowed, except as a creative way to display verbiage which may be required by law.
f. Silhouette cutout sign may not consist of photographic images.

18. Murals are permitted in addition, if they conform to the design guidelines and are reviewed and approved by the design review committee.

19. Painted window borders are permitted for each building frontage in accordance with the provisions outlined below:
a. Window painting is limited to around the outermost border only. No interior borders may be painted (i.e., interior borders on French-paned windows). b. Border may be one inch wide for every foot of linear width of window. Design widths may vary, however no design shall exceed the allowable border width (for example, a six foot-wide window may have a six inch painted border). Border shall be measured from the edge of the window. No designs shall be allowed within the center of the window. Maximum border width for windows wider than 10 feet shall be 10 inches.
c. Designs must be consistent with the design review committee design guidelines and sign criteria.
d. Design review committee approved is required prior to any window painting. e. If painting is done on the outside of the window, a sealer shall be applied. f. Regular maintenance program required to maintain quality.

20. Signs on benches are allowed in addition, provided that the following criteria are met:
a. Bench style and sign design shall require design review committee and approval. b. If proposed bench sign is identical to a previously approved sign on the building, such sign will not require separate design review committee approval. c. Business specific information is prohibited on bench signs. d. Lettering is limited to one inch in height.
e. Signage on benches is limited to businesses within Solvang, donors (i.e., "In Memory of"), and nonprofit organizations under IRS 501(c)(3) status. f. Benches bearing the name of a business must be located on or immediately contiguous to the property on which the business is located. g. An encroachment permit shall be obtained from the city of Solvang (if within public right-of-way), and written permission from the contiguous property owner, and the business owner whose frontage will be affected. h. Signage is limited to either the front or rear of the bench backing. Only one side is to be used for signage purposes.
i. A maximum of two benches is allowed per entity.
j. The bench must be of sturdy design and safe for the intended purpose of providing seating for the general public. The person or entity installing the bench shall be responsible for its maintenance and repair and shall indemnify the city for any damages from injuries caused to any person using the bench.

B. Construction, Maintenance and Display Procedures—Proper Sign Maintenance Required. Any sign, awning or umbrella erected and/or installed on any parcel of land within the city shall be properly maintained at all times. The business owner shall have the duty to keep all signs, 324
awnings or umbrellas associated with such business in a state of good repair, and to see that the sign(s), awning(s) or umbrella(s) is not permitted to deteriorate or fall into disrepair to such an extent that it becomes dangerous or unsightly. Visible rot, mold or rust, falling or broken parts, peeling or faded paint, faded or torn fabric, missing letters, broken sign brackets or hangers, burnt out lamps, and unmaintained plantings in ground sign planters shall be prima facie evidence that a sign, awning or umbrella is not in a state of good repair. No sign permit is required for repainting, cleaning and other normal maintenance and repair of a sign, awning, lamp, or umbrella unless the structure, design, color or character is altered.

1. Notice to Repair. When the code enforcement officer determines that such a sign, awning or umbrella exists in a state of disrepair, he or she shall issue to the owner of the sign and/or business, a notice of such disrepair and the need for corrective action.

2. Issuance of Citation. If the sign and/or business owner takes no action within 30 days, the code enforcement office shall issue a citation to correct the violation.

3. Removal of Sign. If the business owner still takes no action within 10 days after issuance of the citation, the sign, awning or umbrella shall be considered abandoned, and shall be removed by the property owner, after written notification from the city.

4. Abandoned Signs. Abandoned signs, awnings or umbrellas shall be removed by the property owner within five days of notification by the city.

5. Removal of Sign at Owner's Expense. If the property owner fails to remove the sign, awning or umbrella as directed in subsection (B)(4) of this section, an additional citation may be written and city code enforcement will remove the sign, awning or umbrella at the owner's expense.

C. Measurement Calculations.

1. Measuring Sign Area. In order to calculate the size of a sign, the following provisions shall apply:
a. If the sign is enclosed by a box or outline, the area of the sign includes that portion of the sign comprised of said box or outline.
b. If the sign consists of individual letters attached directly to the building, wall or valance of an awning, the size is calculated by drawing a rectangle around each line of copy.
c. In the case of wall signs not enclosed by a box or outline, the background area shall be included in the sign area measurements.
d. The identical faces of a double sided projecting, hanging, pole or ground sign shall be counted only once for the purposes of calculating sign area. e. If the sign is irregularly shaped, a box shall be drawn around the sign and used to calculate the square footage of the proposed sign.

2. Measuring Street Frontage. In computing street frontage for the purposes of determining whether the center is entitled to a ground or pole sign. If the property abuts two or more such streets, only one such street shall be used in computing the footage. In choosing between two or more such streets, the street carrying the greater traffic shall be used in computing the footage, but if the traffic is equal on two or more streets, the longer street frontage shall be used in computing the footage.
§ 11-13-8 Sign standards within the VMU (Village Area).

The following standards shall be applied to signs in the VMU Zone, notwithstanding the standards established by sections 11-13-7 and 11-13-10 of this chapter:

Standards for Exterior Commercial Signs in the Village Area Maximum square
footage of signage
allowed
1 square foot per linear foot of dominant building
frontage and 1/2 of a square foot per linear foot of
subordinate building frontage. Not less than 12
square feet.

Sign colors Consistent with eighteenth century Danish/Northern European design theme. Day-Glo and neon colors
325
Standards for Exterior Commercial Signs in the Village Area are not permitted.

Types of
Signs
Allowed
Maximum
Size Per
Sign
Maximum
Letter
Height
Included
in Overall
Maximum
Square
Footage
Design
Review
Committee
Review
Required Information
Wall sign 7 sq. ft. 8″ Yes Yes A wall sign
placed in the
space
between
windows shall
not exceed
more than 2/3
the height of
the window,
or major
architectural
details related
thereto.

Projecting
sign
7 sq. ft. 8″ Yes Yes Must have 7′
of clearance
from the
sidewalk and
project no
more than 4′
beyond
building
façade.

Hanging or
under
canopy sign
7 sq. ft. 8″ Yes Yes Must have 7′
of clearance
from the
sidewalk.

Awning
signs
None 5″ No Yes Letter height
for 2
descriptive
words = 3″.

Window
lettering
n/a 6″ Yes Yes Shall not
exceed 25%
of window
area. Limited
to a single
pane. Limited
to business
name and
logo.
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Standards for Exterior Commercial Signs in the Village Area Accessory
sign
1 sq. ft. n/a No No A separate
unit
displaying
information.

Must not be
attached to
another sign.

Symbol sign
(projecting)
3 sq. ft. n/a No Yes Lower edge
of sign must
be at least 7′
from finished
grade and
project no
more than 3′
beyond
building
façade.

Chalkboard
changeable
menu
6 sq. ft. n/a No Yes Primary
food/beverage
businesses
only.

Menu
display case
18″ x 24″ n/a No Yes Primary
food/beverage
businesses
only.

Umbrellas
and
umbrella
sign
n/a 5″ Yes (50%) Yes Up to 50% of
umbrellas
may include
logo/lettering
with BAR
approval.

Ground sign 30 sq. ft.
6′6″
maximum
height
8″ Yes Yes For
businesses
with
dominant
frontage of
50′ or more
only.

Pole sign 50 sq. ft.
13′0″
maximum
height
8″ Yes Yes For
businesses
with dominant
frontage of
100′ or more
only.
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Standards for Exterior Commercial Signs in the Village Area Directory
sign
If proposed
as a
ground
sign, 6′6″
maximum
height
8″ No Yes, except
individual
business
signs.

For multiple
occupancy
buildings/sho
pping
complexes
only.

Flat
silhouette
cutout sign
As
determined
by the BAR
8″ No Yes See section
11-13-
7(A)(17) of
this chapter
for specific
regulations.
§ 11-13-9 Sign standards outside the VMU Zone.

The following standards shall be applied to signs in all commercial and industrial zones, except the VMU, notwithstanding the standards established by sections 11-13-7 and 11-13-10 of this chapter.

Standards for Exterior Commercial Signs Outside the Village Area Maximum square
footage of signage
allowed
1 square foot per linear foot of dominant building
frontage and 1/2 of a square foot per linear foot of
subordinate building frontage. Not less than 12
square feet.

Types of
Signs
Allowed
Maximum
Size Per
Sign
Maximum
Letter
Height
Included
in Overall
Maximum
Square
Footage
Design
Review
Committee
Review
Required Information
Wall sign 12 sq. ft. 10″ Yes Yes A wall sign
placed in the
space
between
windows shall
not exceed
more than 2/3
the height of
the window.

Projecting
sign
12 sq. ft. 10″ Yes Yes Must have 7′
of clearance
from the
sidewalk and
project no
more than 4′
beyond
building
façade.
328
Standards for Exterior Commercial Signs Outside the Village Area Hanging or
under
canopy sign
12 sq. ft. 10″ Yes Yes Must have 7′
of clearance
from the
sidewalk.

Awning
signs
None 5″ No Yes Letter height
for 2
descriptive
words = 3″.

Window
lettering
n/a 6″ Yes Yes Shall not
exceed 25%
of window
area. Limited
to a single
pane. Limited
to business
name and
logo.

Accessory
sign
1 sq. ft. n/a No No A separate
unit
displaying
information.

Must not be
attached to
another sign.

Symbol sign
(projecting)
3 sq. ft. n/a No Yes Lower edge
of sign must
be at least 7′
from finished
grade and
project no
more than 3′
beyond
building
façade.

Chalkboard
changeable
menu
6 sq. ft. n/a No Yes Primary
food/beverag
e businesses
only.

Menu
display case
18″ x 24″ n/a No Yes Primary
food/beverag
e businesses
only.

Umbrella
sign
n/a 5″ Yes (50%) Yes Up to 50% of
umbrellas
may include
logo/lettering
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Standards for Exterior Commercial Signs Outside the Village Area with BAR
approval.

Ground sign 50 sq. ft.
6′6″
maximum
height
10″ Yes Yes For
businesses
with dominant
frontage of
50′ or more
only.

Pole sign 50 sq. ft.
13′0″
maximum
height
10″ Yes Yes For
businesses
with dominant
frontage of
100′ or more
only.

Directory
sign
If proposed
as a
ground
sign, 6′6″
maximum
height
10″ No Yes, except
individual
business
signs.

For multiple
occupancy
buildings/sho
pping
complexes
only.
§ 11-13-10 Sign standards by type.

This section is intended to be used in conjunction with other standards contained in these sign regulations. In no case may the maximum square footage of total signage, size of signs, or their illumination levels, exceed the standards provided by sections 11-13-8 and 11-13-9 of this chapter, except in accordance with section 11-13-13, "Modifications," of this chapter.

A. Wall Signs—Signage Guidelines.

WALL SIGN. A sign affixed in any manner to any exterior wall of a building or structure and which is parallel to and projects not more than six inches at all points from the building on which it is located.

A wall sign may be attached flat against or pinned away from the wall. A wall sign placed in the space between windows on the same story shall not exceed more than 2/3 the height of the window, or major architectural details related thereto. A wall sign placed between windows on adjacent stories as part of an approved overall sign plan for a shopping complex shall not exceed 2/3 the height between said windows.

1. Location and Number Permitted. As allowed in accordance with square footage limits.

2. Size Limit.
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a. Within the Village Area. Maximum seven square feet. Background area shall be included in the sign area measurements.
b. Outside the Village Area. Maximum 12 square feet. Background area shall be included in the sign area measurements.

3. Illumination. Wall signs may be illuminated in accordance with section 11-13-7(A)(13) of this chapter.

B. Projecting Signs—Signage Guidelines.

PROJECTING SIGN. Any sign which projects from and is supported by a wall of a building with the display surface of the sign perpendicular to the building wall.

A projecting sign must clear the nearest sidewalk by a minimum of seven feet. Projecting signs may project no more than four feet beyond the building façade.

1. Location and Number Permitted. One projecting sign per building frontage, as allowed in accordance with square footage limits.

2. Size Limit.
a. Within the Village Area. Maximum seven square feet.
b. Outside the Village Area. Maximum 12 square feet.

The identical faces of a double-sided projecting or hanging sign shall be counted only once for the purposes of calculating sign area. If the sign is enclosed by a box or outline, the area of the sign includes that portion of the sign comprised of said box or outline.

The support bracket is not included in the area of the sign.

3. Illumination. Projecting signs may be illuminated in accordance with section 11-13- 7(A)(13) of this chapter.

4. Symbol Sign. One additional projecting sign may be permitted for each business as follows, and does not count toward total square footage of signage allowed:
a. Consisting of only a symbol relating to the activity on the premises. b. Projecting no more than three feet beyond the building façade. c. Not exceeding three square feet in sign area.
d. Not internally illuminated.

C. Under Canopy/Arcade Signs—Signage Guidelines.

UNDER CANOPY/ARCADE SIGN. A hanging sign attached to and located below any eave, roof, canopy, awning or arcade.

1. Location and Number Permitted. One under canopy/arcade sign per building frontage, as allowed in accordance with square footage limits.

2. Size Limit.
a. Within the Village Area. Maximum seven square feet.
b. Outside the Village Area. Maximum 12 square feet.

The identical faces of a double sided projecting or hanging sign shall be counted only once for the purposes of calculating sign area. If the sign is enclosed by a box or outline, the area of the sign includes that portion of the sign comprised of said box or outline.

3. Illumination. Wall signs may be illuminated in accordance with section 11-13-7(A)(13) of this chapter.

D. Awning Signs—Signage Guidelines.

AWNING SIGN. Any sign or graphic attached to, painted on, or applied to the valance of a canvas awning.

Awning signs shall include the name of the business on the front valance, not to exceed five inches in height. Two additional words of business specific information may be used per awning side (front, left, right, etc.) for a maximum of six descriptive words total. Descriptions shall not exceed three inches in height. Websites and phone numbers are prohibited on awnings. Such signage shall not be included into overall maximum square footage.

The use of awnings over doors and windows is encouraged where appropriate. Awnings shall have a minimum four to twelve (4:12) pitch with a straight or slightly scalloped valance.

Valances shall not exceed eight and one-half (8-1/2) inches in depth. Any alteration or deviation from this standard will be considered if found to be traditionally appropriate to the architecture of the building. Individual lettering in the traditional "old world" style is preferred.

If lettering on the valance of an awning needs to be changed, replacement of the valance or the use of a snap-on valance with the new lettering is encouraged.

1. Location and Number Permitted. See guidelines above. Awning signs are permitted in addition to allowable sign square footage with design review committee approval.

2. Size Limit. See guidelines above.

3. Illumination. Awning signs may not be illuminated.

E. Window Lettering—Signage Guidelines.

WINDOW LETTERING. The name of the business or establishment painted directly on the inside or outside surface of a glass window. Only the name of the business and/or logo is permitted, and is calculated into the allowable square footage maximums.

Within the village area, individual lettering in the traditional "old world" style is preferred.

Must meet specific regulations (see below).
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Each business may have window lettering for each building frontage in accordance with the provisions outlined below.

1. Only the name of the business and/or logo is permissible. No other wording or lettering is allowed.

2. The name of the business and/or logo shall be used only once per window.

3. If the window is paned (i.e., French windows), lettering is limited to a single pane (for example, a word may not be spelled out with one letter in each pane extending across the window).

4. Maximum letter height is six inches.

5. Lettering square footage shall be calculated within the allowable overall signage per building frontage.

6. Lettering shall not exceed 25% of the window area.

7. Designs must be consistent with the design review committee design guidelines and criteria.

8. Design review committee approval required prior to any window lettering.

9. If lettering is done on the outside of the window, a sealer must be applied.

10. Regular maintenance program required to maintain quality.

F. Accessory Signs—Signage Guidelines.

ACCESSORY SIGN. A separate unit displaying information (e.g., customer parking, upstairs, caution, open, shops, etc.) which is not attached to or supported from any other sign and not made a part thereof.

Accessory signs larger than the sizes specified in this section will be considered only if they are designed in conjunction with or made an integral part of the signage existing on the subject building or project and are approved by the design review committee as to size, location, and design.

1. Location and Number Permitted. One per building façade. Accessory signs are permitted in addition to allowable sign square footage.

2. Size Limit. One square foot.

3. Illumination. Accessory signs may not be illuminated.

G. Chalkboard or Changeable Menu Signs—Signage Guidelines.

CHALKBOARD SIGN. A changeable copy sign made up of a smooth, hard panel for writing on with chalk. Usually green or black. Does not include dry erase boards.

A chalkboard/changeable menu sign is permitted for restaurants, winetasting rooms, and other businesses whose primary business is food/beverage (see definition of "primary food/beverage business") pursuant to the following regulations:

For the advertisement of food and beverage, and entertainment items only. The chalkboard may not exceed 24 inches by 36 inches in size.
333
The board must either be attached to a wall, or on a pole in the ground or in a planter, or affixed to the building with hooks or other brackets to facilitate temporary use. The board shall not be leaned against a wall, fence, or otherwise portable and may not be located in the public right-ofway.

Copy may be changed without design review committee approval.

1. Location and Number Permitted. One sign per primary food/beverage business.

Chalkboard/changeable menu signs are permitted in addition to allowable sign square footage with design review committee approval.

2. Size Limit. Maximum six square feet, 24 inches by 36 inches.

3. Illumination. Chalkboard/changeable menu signs may be illuminated in accordance with section 11-13-7(A)(13) of this chapter.

H. Menu Display Case—Signage Guidelines.

MENU DISPLAY CASE. A permanently affixed structure or case that displays the menu for primary food/beverage businesses, behind glass or plastic.

Within the village area, signs shall be designed to enhance the special character of the village and the buildings on which they are placed. Individual lettering in the traditional "old world" style is preferred. A restaurant menu may be displayed in the restaurant window but may not be affixed to the window pursuant to section 11-13-5(W) of this chapter. Menu display cases must be approved by the design review committee as to appearance and location.

1. Location and Number Permitted. See guidelines above. Menu display case(s) are permitted in addition to allowable sign square footage with design review committee approval.

2. Size Limit. Maximum 18 inches by 24 inches.

3. Illumination. Menu display cases may be illuminated in accordance with section 11-13- 7(A)(13) of this chapter.

I. Umbrella Signs—Signage Guidelines.

UMBRELLA SIGN. Any sign or graphic attached to, painted on, or applied to, the fabric of an umbrella. Letter or logo height shall not exceed five inches.

Umbrellas are permitted for restaurants and other businesses whose primary business is food/beverage (see definition of "primary food/beverage business") pursuant to the following regulations.

Umbrellas must be approved by the design review committee as to quality, color and location.

If umbrellas are to be located within the public right-of-way, an encroachment permit is required from the public works department.

Fifty percent of all lettering or logos proposed on umbrellas must be included in overall square footage of signage.

Umbrellas shall be maintained in good condition and shall not be torn or faded.

If approved by the design review committee, up to 50% of proposed umbrellas may contain matching lettering or logos.
334

1. Location and Number Permitted. As allowed by design review committee.

2. Size Limit. None.

3. Illumination. Umbrella signs may not be illuminated.

J. Ground Signs—Signage Guidelines.

GROUND SIGN. Any sign advertising goods manufactured, produced or sold or services rendered on the premises upon which the sign is placed, or identifying in any fashion the premises of any owner or occupant, which is an integral part of a landscaped planter, and which is supported by one or two posts offset to one side from the center of a solid base, the total height of which does not exceed six feet six inches above grade, measured at the edge of the public right-of-way, or six feet six inches above the base of the sign structure when the grade of the public right-of-way is at least three and one-half (3-1/2) feet lower than the natural grade at the base of the sign, whichever is higher. In no case shall an artificial grade be established for the sole purpose of placing a sign at more than six feet six inches above the grade at the edge of the public right-of-way.

1. Location and Number Permitted. One low freestanding sign to identify a shopping center or office building complex is allowed on each street frontage. Freestanding signs for individual businesses within a complex are not considered appropriate and will not be permitted.
a. Within the Village Area. Each individual business or each shopping complex that has a sufficient setback from the right-of-way and at least 50 feet of dominant building frontage, consistent with ordinance requirements, may have one ground sign not to exceed six feet six inches above grade and is to be an integral part of a landscaped planter. Supporting posts must be architecturally treated or screened by landscaping. A ground sign which exceeds six square feet in area shall not be located within 75 feet of any other ground sign. Prior to the issuance of a sign permit, ground signs on corner street intersections shall be approved by the city engineer to ensure the placement of the sign will not adversely affect traffic or pedestrian safety. Such signage shall be included into the overall allowed square footage.
b. Outside the Village Area. Each entrance or shopping center that has a sufficient setback from the right-of-way and at least 50 feet of dominant building frontage, may have one ground sign not to exceed 50 square feet in total sign area. A ground sign which exceeds six square feet in area shall not be located within 75 feet of any other ground sign. Prior to the issuance of a sign permit, ground signs on corner street intersections shall be approved by the city engineer to ensure the placement of the sign will not adversely affect traffic or pedestrian safety.

Such signage shall be included into overall allowed square footage.

2. Size Limit.
a. Within Village Area. Thirty square feet in total sign area. b. Outside Village Area. Fifty square feet in total sign area.

3. Illumination. Lighting sources should be carefully considered so as not to cause a problem with excessive light and glare.
335
Signs may be internally illuminated with light directed through the letters set in an opaque background (see definition of "lighted sign").

Externally illuminated signs shall use top mounted light fixtures which shine light downward and are fully shielded. Low lumen output lights are encouraged. Such lighting shall be approved by the design review committee. Landscape lighting shall not illuminate signage.
a. Within Village Area. Internally illuminated signs in the village area are restricted to hotels/motels and primary food/beverage businesses only.

K. Pole Signs—Signage Guidelines.

POLE SIGN. Any sign, other than a ground sign, which is supported by a raised planter at least 18 inches in height, erected on one or more upright(s) supported from the ground, the height of which is greater than six feet six inches and no higher than 13 feet above grade at the edge of the public right-of-way, and which is not part of any building or structure other than a structure erected solely for the purpose of supporting a sign.

A pole sign is allowed for a single business with dominant building frontage of 100 feet or more.

However, it may not exceed 13 feet above the grade and 50 square feet of total sign area. The pole shall not be used in the sign area calculations, but shall be included to determine the overall height. Such signage shall be included into the overall allowable square footage.

1. Location and Number Permitted. One pole sign per business, as allowed in accordance with square footage limits.

2. Size Limit. Maximum 50 square feet.

3. Illumination. Pole signs may be illuminated in accordance with section 11-13-7(A)(13) and (14) of this chapter.

L. Directory Signs—Signage Guidelines.

DIRECTORY SIGN. A group of signs clustered together in a single structure or compositional unit which directs attention to a business, industry, profession or service conducted on the premises where the sign is displayed. This sign is used to direct attention to several occupants of the same building, or shopping center, or complex.

Signs for multiple occupancy buildings/shopping complexes may be on a directory, each sign on the directory shall not exceed two square feet for each business. One directory sign is allowed for each entrance into a complex. A maximum of two descriptive words and a directional arrow is permitted.

Outside the village area, signs for multiple occupancy buildings and shopping centers may be on a directory. Each sign on the directory shall not exceed two square feet for each business.

One directory sign is allowed for each entrance into a center. 336

1. Location and Number Permitted. One directory sign per entrance into a complex or center.

2. Size Limit. None, except when directory sign is proposed as a ground sign, then regulations for square footage and height shall be in conformance with that allowed under ground signs. Individual business signs on directory shall not exceed two square feet.

3. Illumination. Directory signs may be illuminated in accordance with section 11-13- 7(A)(13) of this chapter.
§ 11-13-11 Standards for temporary signs.

A. Temporary Signs Requiring a Sign Permit. The following signage requires a temporary sign permit from the planning division to ensure size and time restrictions, as noted. Sale and noncivic event sign permits may be issued annually.

Type Time Limit
VMU Zone (Village Area)
Grand Opening Signs. Signs announcing the opening of a new business, which in the aggregate do not exceed 10 sq. ft. in size or 25% of the window area, whichever is greater. Such signs shall be erected for no more than 30 days prior to the scheduled opening of the business and shall be removed no later than 30 days after the opening of the business.
60 days.

Sale or Other Temporary Window Signs. A temporary window sign such as a "Sale" sign not exceeding 6 sq. ft., or 50% of the window area of each façade, whichever is greater, is permitted. Professional design of the sign is encouraged. The decision of the planning manager may be appealed to the design review committee. The planning division shall be notified at least 24 hours in advance of each display date.
7 consecutive days and
not more than 28 total
days per year.

Noncivic Event Sign. One (1) temporary noncivic event sign announcing a special event may be permitted. The decision of the planning manager may be appealed to the design review committee. The planning division shall be notified at least 24 hours in advance of each display date. The following size limitations shall apply.

A. Businesses with up to 50 linear feet of dominant building frontage shall be allowed a sign of 6 sq. ft.,
B. Businesses with between 50 to 100 linear feet of dominant building frontage shall be allowed a sign of 12 sq. ft., and
C. Businesses with over 100 linear feet of dominant building frontage shall be allowed a sign of 18 sq. ft.
3 consecutive days per
event and not more
than 36 total days per
year.

Commercial Zones (Outside Village Area)
Grand Opening Signs. Signs announcing the opening of a new business, which in the aggregate do not exceed 10 sq. ft. in size or 25% of the window area, whichever is greater. Such signs shall be erected for no more than 30 days prior to the scheduled opening of the business and shall be removed no 60 days.
337
Type Time Limit
later than 30 days after the opening of the business.

Sale or Other Temporary Window Signs. A temporary window sign not exceeding 4 sq. ft., or 25% of the window area of each façade, whichever is greater, is permitted. The planning division shall be notified at least 24 hours in advance of each display date.
30 consecutive days and
not more than 60 total
days per year.

Noncivic Event Sign. 1 temporary noncivic event sign announcing a special event may be permitted. The decision of the planning manager may be appealed to the design review committee. The planning division shall be notified at least 24 hours in advance of each display date. The following size limitations shall apply.

B. Temporary Signs Not Requiring a Sign Permit (Exempt). The following temporary signs are exempt and may be displayed without a sign permit provided they meet the specified requirements. Also see section 11-13-4 "Exempt Signs," of this chapter.

Type
Time
Limit
Size
Limit Location and Number
Civic Event Sign. Any civic event sign. Signs may be
erected not more than 30 days prior to the event and shall be removed within 24 hours after the time of the event. 30 days 24 sq. ft. 1 such sign per lot.

Community or Charitable Event Sign. 1 temporary sign
placed in a window advertising or announcing a civic event or function, a community service or an activity of a
charitable or nonprofit organization.

None 6 sq. ft. 1 sign per event or
function.

Fundraising Event Sign. 1 temporary sign announcing a
fundraising event.

None 6 sq. ft. 1 sign per event,
placed in a window or
a planter.
§ 11-13-12 Sign permits—Application and processing procedures.

A. Application and Fee.

1. Any person desiring to construct, maintain or display a sign for which a land use clearance is required shall submit an application, the necessary submittal fee and submittal requirements to the planning division. An application form and a list of submittal requirements shall be provided by the planning division. The fee shall be set by resolution of the city council.

2. Except for the signs stated in section 11-13-4 of this chapter, on any parcel of land within the city, no sign shall be erected, applied, installed, affixed, altered, relocated or projected as an image and no copy shall be changed, except on approved changeable 338
copy signs, without a land use clearance first issued by planning manager.

3. Certain signs requiring a land use clearance may be approved by the planning manager without any further discretionary review by the design review committee. Any such signs that may be approved by the planning manager shall be determined by the design review committee in their guidelines as approved by the city council and as stated in section 11-13-11 of this chapter. The planning manager may refer any such signs to the design review committee.

B. Processing Applications.

1. The planning division staff shall review the application and materials and determine completeness within five working days from the date of filing. For signs allowed to be approved by the planning manager, action to approve, conditionally approve or deny the application shall be within 10 working days from the acceptance date of the application.

2. No sign application will be accepted if any of the following provisions apply:
a. The sign has been installed in violation of the provisions of this chapter and the application does not include an affidavit signed by the property owner providing that the signs will be brought into conformance regardless of the consequences of the submitted application.
b. The sign permit application is substantially the same as an application previously denied by the planning manager, or the design review committee, or on appeal by the city council, unless:
i. Twelve months have elapsed from the date of the decision on the application, or
ii. New evidence of proof of changed conditions is furnished in the new application.

C. Review by Design Review Committee. All applications for a sign approval except as permitted in subsection (A)(3) of this section shall be reviewed by the design review committee prior to the issuance of a land use clearance. The design review committee shall take action to approve, conditionally approve or deny the application at the next available design review committee meeting.

D. Sign Review Criteria/Findings.

1. In reviewing a sign permit application the following criteria shall be considered:
a. The sign is in proportion to and visually consistent with the architectural character of the building.
b. There is no needless repetition, redundancy or proliferation of signage. c. The sign does not obscure from view or unduly detract from existing signage. d. The size, shape, color and placement of the sign and any lighting is compatible to and harmonious with the building which it identifies and with the area in which it will be located.

2. If the sign permit application satisfies the above criteria and complies with the other provisions of this chapter, it shall be approved.

E. Fees. A fee, as set by a resolution of the city council, shall be paid at the time of application to cover the cost of processing.

F. Appeals. The applicant or any interested person may appeal decisions concerning sign applications as follows:

1. Appeals to the Design Review Committee. Any action regarding signs by the planning manager may be appealed by the applicant or any interested party to the design review committee. Said appeal shall be in writing, shall state the reasons for the appeal and shall be filed with the planning division within 10 calendar days of the decision. A hearing shall be held by the design review committee within 30 days of the date of the filing of the appeal.

2. Appeals to the City Council. Any action of the design review committee may be appealed by the applicant or any interested party to the city council, pursuant to title 1, chapter 6 of this code.

3. Judicial Review. An action of the city council is subject to judicial review under California Code of Civil Procedure section 1094.8. Any such action must be commenced no later 339
than 90 days after notice of a city council decision.

G. Expiration. An application which has been approved by for which no land use clearance has been issued, shall expire after six months from the date of approval. A six month extension may be granted by the planning manager if the application is in substantial compliance with the approved application.
§ 11-13-13 Modifications.

A. Modification of Sign Sizes, Heights or Numbers. Signs that exceed the sizes, heights or numbers permitted in this chapter may be permitted when the design review committee finds that the proposed sign is harmonious in relation to the size and location of the building on which it will be placed and the size and location of the area on which the building is constructed.

Ground signs or pole signs, as allowed, that exceed sizes, heights and numbers permitted may be permitted when the design review committee finds that the proposed size, height or number is architecturally harmonious in relation to the size and location of the business, shopping center, or complex so long as the totals do not exceed 13 feet high and 50 square feet in sign area.

B. Applications. Applications for modifications shall be made to the planning division on forms provided thereof. A list of necessary application materials shall be provided by the planning division. All applications shall contain the information as required by the planning manager.

Applications shall be signed by the owner of the property on which the sign is to be placed or by the tenant of said property with a statement of consent to the approved modification signed by the owner of the property.

C. Fee. A fee, as set by resolution of the city council, shall be paid with the application to cover the cost of processing.

D. Hearing. The design review committee shall consider the application at a hearing. Notice of the time and place of the hearing shall be given by mail prior to the hearing to the applicant and the owner of the property, if not the applicant.

E. Appeals. Any decision of the design review committee on a modification may be appealed by the applicant or any interested party to the city council, pursuant to title 1, chapter 6 of this code. § 11-13-14 Exceptions to sign standards.

A. Exceptions to Sign Standards. Unusual site conditions or other design factors may warrant signs not otherwise permitted by these regulations.

B. Applications. Applications for exceptions shall be made to the planning division on forms provided thereof. A sign permit application which includes a request for exceptions to standards established by these regulations is subject to design review committee and shall include the reasons for the request. All applications shall contain the information as required by the planning manager.

C. Owner's Signature. Applications shall be signed by the owner of the property on which the sign is to be placed or by the tenant of said property with a statement of consent to the approved exception signed by the owner of the property.

D. Fee. A fee, as set by resolution of the city council, shall be paid with the application to cover the cost of processing.

E. Hearing. The design review committee shall consider the application at a hearing. Notice of the time and place of the hearing shall be given by mail prior to the hearing to the applicant and the owner of the property, if not the applicant.

F. Findings for Approval of an Exception. Granting an exception to the sign regulations must be based on at least one of the following findings:

1. There are exceptional or unusual circumstances applying to the property involved which do not apply generally to properties in the vicinity with the same zoning, such as, but not limited to:
a. The presence of a legal, nonconforming use;
b. Visual obstructions;
c. Unusual building location or setback;
d. Unusual building design, architectural style, or historic significance.

2. The sign for which an exception is requested is a nonconforming sign that acts as a 340
neighborhood landmark or focal point while not disrupting views of prominent community landscape features. When granting an exception, the design review committee shall require that as many nonconforming elements of the sign as possible be eliminated while allowing its basic form and character to remain.

3. The exception is consistent with the intent and purpose of the sign regulations (see section 11-13-2 of this chapter) and will not constitute a grant of special privilege or entitlement inconsistent with limitations applied to other properties in the vicinity with the same zoning.

4. The sign exception is for superior design and will not result in visual clutter and is consistent with the intent and purpose of these sign regulations.

G. Appeals. Any decision of the design review committee on an exception may be appealed by the applicant or any interested party to the city council, pursuant to title 1, chapter 6 of this code. § 11-13-15 Nonconforming signs.

A. Definitions.

Legally in Existence. Any sign which has a valid land use clearance or building permit on file with the city or county of Santa Barbara building department on or before the effective date of this chapter.

Nonconforming Sign. Every sign legally in existence on the effective date of: (1) the ordinance adopting this chapter; or (2) any ordinance amending this chapter which violates or does not conform to the provisions of such ordinance or any such amendment.

B. General Provisions. A nonconforming sign may not be:

1. Changed to another nonconforming sign, except for face changes.

2. Structurally altered. The removal of menu boards, neon signs and ancillary signs shall not be deemed a structural alteration.

3. Expanded.

C. Removal.

1. Any sign installed after the effective date of: (a) the ordinance adopting this chapter; or (b) an ordinance amending this chapter which does not comply or does not have the required land use clearance or building permit, is an illegal sign. Such signs shall be removed or made to conform within 10 days of written notice from the planning division.

2. Any sign erected on or before the effective date hereof which does not have a valid land use clearance or building permit on file with the city or the county of Santa Barbara building department, is an illegally erected sign. Such signs shall be removed or made to conform to the provisions of this chapter within one year of the date of written notice from the planning division or immediately upon change of use, owner or lessee of the premises.

3. A sign which does not conform to the provisions of this chapter, but which was legally erected and was maintained on or before June 12, 1980, and which did not conform to the regulations in effect at that time, shall be removed or made to conform within one year after written notice from the planning division, or immediately upon change of use, owner or lessee of the premises.

4. Exceptions to the provisions of this section shall be granted by the design review committee upon the application of any owner of an on site sign who presents substantial evidence showing the following:
a. There are exceptional circumstances applicable to the property on which the nonconforming sign is located, including size, shape, topography, location or surroundings, which make it practically impossible to effectively identify the property to the public if strict application of all the provisions of this chapter is required; or
b. The sign possesses unique features which make it a significant part of the historical heritage of the area in which it is located.

5. Denial of a request for an exception may be appealed pursuant to the provisions of title 341
1, chapter 6 of this code.

6. A relocated sign shall be considered a new sign.
§ 11-13-16 Noncurrent, abandoned or unsafe signs.

A. Noncurrent and Unsafe Signs.

1. Noncurrent. Any sign, including its supporting structure, which no longer identifies the current occupant or which otherwise fails to serve its original purpose after a lapse of three months shall be deemed to be a public nuisance and shall be removed by the owner of the property on which it is located upon 10 days' written notice by the planning division.

2. Unsafe. Any sign that, in the opinion of the city building official, is unsafe or insecure, shall be deemed a public nuisance and shall be corrected or removed, together with any supporting structure, by the owner of the property on which the sign is located, within 10 days' written notice by the city building official or planning division.

3. Failure to Abate. In the event the property owner has not begun removal of the sign and its supporting structure within the time limits set forth in subsections (A)(1) and (A)(2) of this section the planning manager shall cause to be filed for recordation with the county recorder, a notice of intention to record a notice of order to abate describing the real property, naming the property owner thereof, describing the violation and giving notice of a city council hearing. The building official shall give written notice by personal delivery or mail to the property owner that the city intends to carry out the removal of the sign and supporting structure and have the cost of said removal be made a charge against the property owner and lien against the property, unless the sign is removed, repaired or reconstructed so as to eliminate the condition that is in violation of this chapter. The building official shall also advise the property owner that he or she has a right to a scheduled hearing before the city council for the purpose of final determination that the sign is "noncurrent" or "unsafe" as defined under this section. Said hearing shall begin no later than 30 days after the date of personal delivery or mailing of the notice and may be continued by the city council.

B. Findings. Upon completion of the hearing, the city council shall find as to the fact that the sign is a noncurrent or unsafe sign and upon such fact being found shall determine that the sign shall be removed, repaired or reconstructed by the property owner within a prescribed time or the city shall cause the sign and supporting structure to be removed. Said determination shall be made based upon the evidence presented and a report from the planning manager regarding the existing condition of the sign, the estimated costs of repair, reconstruction and/or removal. If the city council makes such determination, written findings and an order shall be approved. After said hearing, the city clerk shall cause to be filed for record a notice of order to abate with the county recorder and shall give all parties who have a recorded interest in the property notice of such recordation by mail.

C. Duties of Public Works Director. The public works director shall, after completion of the hearing and approval of the findings by the city council that the sign is noncurrent or unsafe and after the failure of property owner to remove, repair or reconstruct the sign within the prescribed time set forth in the necessary services by contract, dispatch city forces to carry out the removal of the sign and its supporting structures as directed by the city council. A record shall be kept of all costs incurred by the city, including time spent for the preparation of plans and the supervision of the work to carry out the removal of the sign and supporting structure. Upon completion of said efforts, the public works director shall file a report with the city council as to the costs incurred. The property owner shall be provided a copy of said report, notice of a hearing before the city council, and an opportunity to appear before the city council to be heard regarding the reasonableness of the costs incurred by the city.

D. Costs Borne by Property Owner. Upon completion of the hearing before the city council as to the reasonableness of the costs, the city council shall determine the reasonable costs incurred by the city to remove the noncurrent sign and the property owner shall be advised of said amount which shall be due and payable to the city. Upon request of the property owner, the city may agree to a mutually acceptable payment schedule.

E. Lien. In the event the amount to be due and payable to the city is not paid within 30 days after 342
the determination by the city council or as otherwise agreed, said amount shall become a charge against the property involved. The public works director shall thereafter cause the amount of said charge to be recorded on the assessment roll as an assessment and lien against and upon the property. Any portion of said assessment remaining unpaid after the due date for payment thereof shall be subject to the penalties and proceedings then in effect for property taxes due within the city.

F. Interest Charges. The city shall be entitled to interest at the rate applicable for unpaid taxes on all costs incurred by the city as determined pursuant to subsection D of this section. § 11-13-17 Enforcement and penalties.

A. Planning Manager to Enforce. It shall be the duty of the planning manager to enforce this chapter with respect to all signs existing on the effective date of this chapter, and to all signs constructed, maintained, displayed or altered after the effective date of this chapter, and for any signs installed contrary to the approved plans or to any conditions imposed by the design review committee.

1. Every sign erected in the city shall be subject to inspection by the planning manager to ensure compliance with all provisions of this chapter or city building official to ensure compliance with all applicable building codes.

2. The planning manager shall conduct an inventory of all signs in the city for the purpose of identifying signs that are illegal or unlawfully installed and signs that are noncurrent, abandoned or unsafe.

3. The planning manager shall have the right to enter upon any premises upon which any sign has been erected to enforce compliance with the provisions of this chapter and to cause the removal of any sign maintained in violation of this chapter.

B. Penalties. Any person who violates the provisions of this chapter shall be subject to the penalties described in title 1, chapter 3 of this code or an administrative citation as described in title 6, chapter 5, article A of this code.
§ 11-13-18 Overall sign plans.

A. Overall Sign Plans Outside Village Area. Overall sign plans outside the village area for shopping centers, office complexes and industrial centers shall be as follows:

1. For each business, one wall sign shall be permitted on each frontage. a. For a dominant building frontage (see definition of "building frontage") the sign shall not exceed one-eighth (1/8) of the square footage of the building façade of that portion of the first floor occupied by the business and upon which the wall sign is to be located, or 24 square feet of sign area.
b. For a subordinate building frontage (see definition of "building frontage") the sign shall not exceed one-sixteenth (1/16) of the square footage of the building façade of that portion of the first floor occupied by the business and upon which façade the wall sign is to be located or 12 square feet of sign area.

2. For places of public entertainment where the public attraction is constantly changing, e.g., theaters and auditoriums, changeable copy may be used on wall signs and wall signs may exceed the permitted size if so determined by the design review committee.

3. One under canopy sign or façade sign for each business having an entrance under or offering service under the canopy or arcade shall be permitted. If there is no canopy or arcade, a projecting sign for each business may be permitted. a. Under canopy, arcade or projecting signs shall not exceed six square feet in sign area. The design review committee may approve a larger or smaller sign if it is determined that such signs are architecturally harmonious in relation to the size and location of the building area occupied by the business and the center for which the overall sign plan is proposed.
b. The lower edge of the sign must be at least seven feet above finished ground level.

4. One ground sign for each center shall be permitted as follows:
a. The center shall have a street frontage of at least 75 feet. b. The ground sign shall only identify the center and may not advertise or identify 343
any business or service conducted or merchandise sold within the center. c. No changeable copy may be used.
d. The ground sign shall not exceed 50 square feet of sign area. e. The height of the ground sign shall not exceed six feet six inches. Height shall be measured from the top of curb of the improved portion of the public right-of-way to which the property has access and more specifically, from that point which is closest to the sign.
f. No part of the sign or sign structure shall project over the street right-of-way. g. The base of the supporting structure shall be at least two feet from the street right-of-way line and shall be included into sign area calculations. Locations at corners must be approved by the city engineer for site visibility and safety. h. Prior to the issuance of a sign permit, ground signs on corner street intersections shall be approved by the city engineer to ensure the placement of the sign will not adversely affect traffic or pedestrian safety.
i. More than one ground sign, a larger sign, or a higher sign, may be permitted if approved by the design review committee as a modification, pursuant to section 11-13-13 of this chapter.

5. Directory signs may be provided for each entrance to the center. Each sign on the directory may be up to two square feet. A maximum of two descriptive words and a directional arrow is permitted.

6. Awning signs may be permitted in accordance with section 11-13-10(D) of this chapter.

B. Overall Sign Plans Within Village Area. Overall sign plans are required for shopping complexes inside the village area. Such signs shall conform with section 11-13-8 of this chapter. § 11-13-19 Definitions.

For the purpose of this chapter, the following words and phrases shall have the meanings respectively Accessory Sign. A separate unit displaying information (e.g., customer parking, upstairs, caution, open, shops, etc.) which is not attached to or supported from any other sign and not made a part thereof.

Animated Sign. A sign with action or motion, whether by flashing lights, color changes, wind, rotation, movement of any parts of the sign or letters or parts of the sign structure, or other motion.

Arcade. A permanent roofed structure, attached to the building, projecting over public and/or private property, and partially enclosed and supported by supports located on public property.

Arcade Sign. See definition of Under Canopy Sign.

Architectural Feature. Any reveal, window frame, recessed area, door, detail, surround or other feature that is part of any building, or is a specific element of a recognized historical style of architecture.

Architectural Projection. A projection not intended for occupancy and which extends beyond the face of an exterior wall or roof of a building, but not including signs.

Awning Sign. Any sign or graphics attached to, painted on, or applied to the valance of a canvas awning.

Banner. A bunting or other flexible sign characteristically supported at two or more points and hung on a building or otherwise suspended down or along its face, or across any public streets of the city. The banner may or may not include copy or other graphic symbols.

Bench Sign. Any Sign Painted Or Engraved On Or Otherwise Attached To A Bench. Billboard. A freestanding off-premises sign.

Building Façade. That portion of any exterior elevation of a building extending from grade to the eaves 344
or the top of the parapet wall and the entire width of the building elevation.

Building Frontage. The width of any face of a building.

1. Dominant Building Frontage. The principal frontage of a building where its main entrance is located or which faces the street on which its address is located.

2. Subordinate Building Frontage. Any frontage other than the dominant frontage. BUSINESS SIGN. An on-premises sign.

Business Specific Information. Information that describes either the goods or services that are provided, or how one may contact that business (i.e., street addresses, websites, and/or phone numbers).

Canopy. A permanent roof structure which may be supported in whole or in part by a building.

Canopy Sign. See definition of Under Canopy Sign.

Chalkboard Sign. A changeable copy sign made up of a smooth, hard panel for writing on with chalk.

Usually green or black. Does not include dry erase boards.

Changeable Copy Sign. A sign so constructed that the copy can be readily changed by use of movable or erasable letters or symbols.

Civic Event. A citywide event or public gathering sponsored by a governmental, community, or special interest group for the direct benefit or temporal good of the community and/or city of Solvang.

Designated civic events include Julefest, Danish Days, Fall Fest, Third Wednesday, Oktoberfest, Fourth of July, or any other event designated a civic event by the city manager.

Civic Event Sign. A sign, other than a commercial sign, posted to advertise a noncommercial, not for profit organization or event that directly benefits the community and/or city of Solvang, as determined by the planning manager (see section 11-13-4(A) of this chapter).

Commercial Sign. Any physical form of visual communication, including any object with or without any lettering, a symbol, logo or banner, other than a mural, which is intended to attract attention to a commercial activity, business, commodity, service, entertainment or attraction sold or offered, and which is to be viewed from public streets, public parking areas or private exterior areas. It shall include all parts, portions, units and material composing same, together with illumination, frame, background, structure and support and anchorage thereof.

Commercial Mascot. A person or animal attired or decorated with commercial insignia, images, costumes, masks or symbols, and/or holding signs displaying commercial messages, when a principal purpose is to advertise a commercial enterprise. This definition includes sign twirlers, sign clowns, sign spinners, and human sandwich board signs. Also known as living signs.

Construction Sign. A temporary sign placed in advance of occupancy of a building or structure indicating the name of the building or structure, the architects, the contractors and other information regarding the building or structure.

Courtyard. A building designed in such a manner as to have an interior court surrounded by three or more sides.

Danish Art. A generic Danish symbol such as a flag, shields or similar art incorporated into the design of a sign, which does not identify the type of business, product sold or copyright symbol and contributes to the village theme.
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Design Review Committee. A committee appointed by the city council whose function is to review and approve, conditionally approve or deny all sign applications.

Directional and Informational Sign. A sign designed to guide or direct pedestrians or vehicles.

Directory Sign. A group of signs clustered together in a single structure or compositional unit which directs attention to a business, industry, profession or service conducted on the premises where the sign is displayed. This sign is used to direct attention to several occupants of the same building, shopping center, or complex.

Display Case. A case, cabinet or other device having a window of glass or other transparent material, or opening, access to which is made from other than within a structure or building, and is attached to a wall or structure. Such case shall not be portable.

District. An area designated by a zoning ordinance of the city to be subject to certain land use regulations (a.k.a. zone district).

Double Face Sign. A sign limited to two display surfaces containing the same copy, backed against, parallel to, and not more than 18 inches between each other, one face of which is designed to be viewed from one direction and the other face from the opposite direction. Both identical sides shall be counted only once for the purposes of determining sign area.

Eave. That portion of the roofline extending beyond the building wall, a canopy attachment on the wall having the simulated appearance of an eave, or the lowest horizontal line of any roof.

Erect. To build, construct, attach, hang, place, suspend, affix or fabricate, which shall also include painting of wall signs and window signs or other graphics.

Exterior Lighting. Artificial illuminating devices, outdoor fixtures, lamps and other similar devices, permanently installed or portable, used for flood lighting, general illumination or advertisement.

Face Change. Alteration of wording and/or advertising information, including logos, on an existing sign structure, where no change to size, height, and structural content of support of sign is made.

Farm Organization Sign. A sign used only for the purposes of indicating membership in a farm organization, such as Cattlemen's Association, 4-H Club, Farm Bureau.

Feather Flag. Portable, vertical commercial flags typically made of lightweight cloth and attached to tall flexible poles. Also known as bow feather flags, feather banners, flutter flags, or teardrop flags.

Flag. A piece of fabric of distinctive design that has characters, letters, illustrations or ornamentation, including logos, applied to cloth, paper, fabric, or other lightweight material, with only such material for backing and is usually, though not required to be, displayed hanging from a pole, staff or halyard to which it is attached by one edge or by certain points along one edge and suspended so as to be actuated by wind currents. Flags include pennants and feather flags.

Flat Silhouette Cutout Sign. A flat sign constructed of wood or metal depicting a figure, shape or character which symbolizes the spirit of the business which it represents and displays necessary or legal information (see section 11-13-7(A)(17) of this chapter).

Freestanding Sign. See definition of Ground Sign.

Fully Shielded. Outdoor light fixtures with a solid barrier that emit no light rays above the horizontal plane and effectively obscure the visibility of the lamp. 346
Fundraising Event. An event sponsored by a business to generate publicity or raise money for a nonprofit or charitable organization, or an event sponsored by a nonprofit or charitable organization.

Fundraising Event Sign. A commercial sign advertising a fundraising event (see section 11-13-11(B) of this chapter).

Gate or Entrance Sign. A sign attached to an entrance gate or entrance structure to a residential building site or residential subdivision, or commercial complex, which identifies the site, subdivision or complex.

Governmental Sign. A sign required to be maintained or posted by law or governmental order, rule or regulation.

Ground Sign. Any sign advertising goods manufactured, produced or sold or services rendered on the premises upon which the sign is placed, or identifying in any fashion the premises of any owner or occupant, which is an integral part of a landscaped planter, and which is supported by one or two posts offset to one side from the center of a solid base, the total height of which does not exceed six feet six inches above grade, measured at the edge of the public right-of-way, or six feet six inches above the base of the sign structure when the grade of the public right-of-way is at least three and one-half (3-1/2) feet lower than the natural grade at the base of the sign, whichever is higher. In no case shall an artificial grade be established for the sole purpose of placing a sign at more than six feet six inches above the grade at the edge of the public right-of-way.

Hanging Sign. A sign attached to and located below any eave, roof, canopy, awning or arcade. (Also see definition of Under Canopy Sign.)
Hazard Warning Sign. A sign warning of construction excavation or similar hazards as long as the hazard exists.

Interior Courtyard Sign. Any sign within a courtyard wall or cluster of shops, which is open to the sky and is open to the public, but not necessarily visible from the public right-of-way.

Kiosk. A small, freestanding structure permanently affixed to the ground, requiring a building permit, which may have one or more surfaces used to display temporary advertising signs.

Letter Height. The height of a letter from its bottom to its top including any applied shadow line.

Lighted Sign.

1. A sign which illuminates each sign face from a lighting source outside the sign itself.

2. An interior lighted sign where the background is opaque (nonglare matte finish), the lighting source is not directly visible and light is emitted through the letters only. The thickness of the sign shall not exceed 18 inches.

3. Pinned off letter with lighting source emitted from behind the letter and reflected from the wall surface. The lighting source shall not be visible.

Logo Sign. Prefabricated or custom made signs bearing a brand name, registered trademark or logo.

Logos are restricted to 40% of the total area for each sign.

Lumens. Amount of light emitted by a lamp (light bulb).

Marquee. A permanent roof structure attached to and entirely supported by a wall of a building, having no connection or relationship with the roof of the building to which it is attached. 347
Marquee Sign. Any sign that is an integral part of a marquee.

Menu Display Case. A permanently affixed structure or case that displays the menu for primary food/beverage businesses, behind glass or plastic (see section 11-13-10(H) of this chapter).

Mobile Sign. A sign on a vehicle advertising goods, service or entity other than that for which the vehicle is principally used.

Monument Sign. See definition of Ground Sign.

Mural. A painting or picture applied to and made part of a wall which may be pictorial or abstract, and is characteristically visually set off or separated from the background by color or architectural environment.

No Trespassing Sign. A sign prohibiting or restricting access to property.

Noncivic Event. A for profit special event sponsored by a business.

Noncivic Event Sign. A commercial sign advertising a for profit special event directly benefiting the business at which the sign is located (see section 11-13-11(A) of this chapter).

Noncommercial Sign. Any physical form of visual communication, including any object with or without any lettering, a symbol, logo or banner, which is intended to convey a noncommercial message of social, educational, agricultural, religious or charitable commentary.

Off-Premises Sign. A commercial sign not located within the shopping complex or center occupied by the business or entity indicated or advertised by said sign.

Office Complex. A group of contiguous businesses, which employ a homogeneous design theme as a common perimeter treatment.

Official Sign. An official federal, state, and/or local sign and notice issued by any court, person or officer in performance of a public duty.

On-Premises Sign. A sign containing copy relating only to the business, product, service or activity conducted or sold within the shopping complex or center as that on which the sign is located.

Open House Sign. A temporary sign identifying an open house location.

Outdoor Decoration. Any decoration, embellishment or ornament used as an attention getting device, including, but not limited to: fabric, plastic, wood, balloons, paper, metal or merchandise.

Parapet. A low wall or railing used to protect the edge of a roof, also called a parapet wall.

Parapet Sign. Any sign or other graphic attached to a parapet, ramada, or other similar structure.

Parking Lot/Directional Sign. A sign meant to direct traffic or provide directional information within a parking lot.

Pennant. A small, usually triangular or rectangular flag, or multiples thereof, individually supported or attached to each other by means of a string, rope or other material and meant to be stretched across or fastened to buildings, or between poles and/or structures.

Pergola. A structure usually consisting of parallel colonnades supporting an open roof of girders and 348
cross rafters, also known as an arbor or trellis.

Pergola Sign. A Sign Attached To The Cross Rafters Of An Arbor, Trellis, Or Pergola.

Permanent Sign. A sign not specifically designated as being temporary.

Planning Manager. The planning manager as defined in section 2-1-3 of this code.

Pole Sign. Any sign, other than a ground sign, which is supported by a raised planter at least 18 inches in height, erected on one or more upright(s) supported from the ground, the height of which is greater than six feet six inches and no higher than 13 feet above grade at the edge of the public right-of-way, and which is not part of any building or structure other than a structure erected solely for the purpose of supporting a sign (see section 11-13-10(K) of this chapter).

Political Sign. A sign promoting, advertising, or identifying a political party, candidate or issue.

Portable Sign. Any sign designed or constructed in such a manner that it can be moved or relocated without involving any structural or support changes and not affixed to the ground or to a building or structure affixed to the ground, for example, a sandwich board.

Primary Food/Beverage Business. The primary business is such that at least 51% of the establishment's square footage is dedicated to the serving of a food or beverage, such as: wine tasting rooms, coffee shops, restaurants, and other uses as is found to be of similar character as determined by the planning manager.

Product/Operating Information Sign. A sign which identifies only the product contained therein, or displays operating instructions (e.g., gasoline pumps, newsracks).

Projecting Sign. Any sign which projects from and is supported by a wall of a building with the display surface of the sign perpendicular to the building wall.

Raised Planter. A structure which is used as the base for a ground sign and contains fresh flowers and other plants. Such planter shall be a minimum of 18 inches in height, and shall not be included in the square footage calculations for the sign.

Real Estate Sign. A sign which indicates that the property is for sale, rent, or lease.

Residential Identification Sign. A sign identifying the location of a residence.

Roof. The cover of any building, including the eaves and similar projections. Eyebrows, false roofs on store-fronts, coverings on or over oriels, bay windows, canopies and horizontally projecting surfaces other than marquees shall be considered roofs.

Roof Sign. Any sign any part of which is on or over any portion of any roof, eave or parapet of a building or structure.

Safety Sign. A sign used only for the purpose of identifying and warning of dangers such as slow, blind exit, turn off your motor, no smoking, sound horn, children playing and beware of dog.

Shopping Center. A retail commercial center outside the village area.

Shopping Complex. A group of retail commercial businesses within the village area, planned, developed, managed and maintained as a unit; with or without common off-street parking provided to serve all uses on the property.
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Sign. Any device, except flags, and all parts thereof, including all supporting structures, and any applied or projected image, which is used: (1) to advertise businesses, products, goods, services, or otherwise promote the sale of objects or identify objects for sale; (2) to identify, to direct or to inform persons concerning businesses, areas, entities, services or dangers; or (3) to attract attention to the premises or other signs of a particular business or entity, including, but not limited to, flares, flashing lights, color changes, bunting, or other moving objects.

Sign Area. The area of the entire sign in square feet (see section 11-13-7(C)(1) of this chapter).

Sign Structure. Any structure which supports any sign. Sign support structures shall not be included in the calculations for sign area.

Sign Verbiage. Language on signs shall serve primarily to identify the legal name of the establishment, organization, or business on which they are placed. Websites, telephone numbers, and other business specific information and/or descriptions of services/goods provided may be included, provided they comply with section 11-13-7(A)(1) of this chapter.

Street Frontage. The footage of the property that abuts an improved street or streets open to public use to which the property has access (see section 11-13-7(C)(2) of this chapter).

Street Identification Sign. A street name and/or address stamped or painted on a curb.

Symbol Sign. A symbol displaying a representation of the business, activity or type of merchandise sold within the building. Also known as a guild sign.

Temporary. A period of time not exceeding seven consecutive days in one month unless otherwise specified.

Temporary Festival. A short-term citywide festival or celebration that recurs at regular intervals (e.g., Danish Days, Julefest, etc.).

Temporary Festival Decoration. The temporary outdoor display or decoration to celebrate a recognized citywide festival or celebration. Such decorations shall not be erected prior to 30 days before the event, or remain longer than seven days after the date of the event. Such decorations shall not be located in, or project into, the public right-of-way.

Temporary Sign. A sign intended to advertise community or civic projects, construction projects, real estate for sale or lease, the opening of a new business or other special events.

Time of Day and/or Temperature Sign. A changeable copy sign which indicates only the current temperature and/or time.

Traffic Safety Signs. A traffic control and directional sign or device erected by local, county or state government.

Umbrella Sign. Any sign or graphic attached to, painted on, or applied to, the fabric of an umbrella (see section 11-13-10(I) of this chapter).

Under Canopy Sign. A sign attached to the underside of a canopy or arcade.

Utility Sign. A sign erected by a public utility or common carrier to warn of dangers.

Village Area. As defined in the design review committee guidelines as approved by the city council and with the zoning designation of VMU.
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Wall Sign. A sign affixed in any manner to any exterior wall of a building or structure and which is parallel to and projects not more than six inches at all points from the building on which it is located.

Window Lettering. The name of the business or establishment painted directly on the inside or outside surface of a glass window pursuant to section 11-13-10(E) of this chapter. Only the name of the business and/or logo is permitted, and is calculated into the allowable square footage maximums.

Window Painting. A border type design painted directly on the inside or outside surface of a glass window, pursuant to section 11-13-7(A)(19) of this chapter. Requires design review committee review and approval. Shall not be included into the allowable square footage maximums.

Window Sign. Any sign printed, attached, glued or otherwise affixed to or behind a window within the display area or within four feet, whichever is greater, and designed to be viewed from adjoining streets, walkways, malls or parking lots available for public use. § 11-13-20 Flag regulations.

A. Purpose. Without adequate regulation, flags may endanger the public, distract drivers, create confusion, and foster a negative image of the city on the part of the public. An excessive number of flags can damage view corridors, diminish property values, and detrimentally effect the quality of life of city residents and visitors. The city also relies on the old-world Danish design theme to attract tourism and commerce. These regulations are intended to provide flag standards that advance the city's interests in traffic safety, community aesthetics, and economic development.

B. Applicability.

1. This section includes the standards applicable for all flags in the city;

2. Sections 11-13-1 through 11-13-15, and 11-13-18 of the Solvang Municipal Code shall not apply to flags, as that term is defined in section 11-13-19;

3. This section shall apply to all property and land within the jurisdiction of the city of Solvang.

C. Permit Required. Except for flags stated in subsection D of this section, it is unlawful for any person, firm, or corporation to construct, erect, install, affix, alter, modify, relocate, display or allow a flag to exist on any property or land within the jurisdiction of the city of Solvang, without obtaining a permit for such flag in conformance with this section.

D. Exemption. Flags meeting the following requirements are exempt from this chapter and do not require a flag permit:

1. Flags that meet the requirements of this chapter in residential zones;

2. Flags approved as part of a special event;

3. Temporary flags approved as part of civic events for the duration of the civic event.

E. Prohibited Flags.

1. All pennant and feather flags.

2. Any flag with a structural shape that has an interior volume when articulated by the wind, including a device commonly known as a windsock and all similar such structural flags. 351
F. Application Requirements. Any person, firm or corporation desiring to construct, erect, install, affix, alter, modify, relocate, display, or allow to exist, a flag, other than flags exempt under subsection D, shall submit a flag permit application, supporting information, and submittal fee to the planning division.

1. The application form and list of required supporting information shall be provided by the planning division.

2. The application fee shall be set by resolution of the city council.

3. If an exception pursuant to subsection K to the flag standards is requested, the application shall include the reasons the exception is requested and, if a tenant of a property is the applicant, include a signed statement of consent to the exception by the owner of the property.

G. Application Processing.

1. The planning division staff shall review the flag permit application supporting information and determine completeness. Applications for flags may be submitted as part of an application for signs.

2. No flag application will be accepted if any of the following provisions apply:
a. The flag has been installed in violation of the provisions of this chapter and the application does not include an affidavit signed by the property owner providing that the flags will be brought into conformance regardless of the consequences of the submitted application.
b. The flag permit application is substantially the same as an application previously denied by the planning manager, or the design review committee, or on appeal by the city council, unless: (i) 12 months have elapsed from the date of the decision on the application; or (ii) new evidence of proof of changed conditions is furnished in the new application.

H. Planning Manager Review. The planning manager shall take action to approve, conditionally approve or deny all applications for a flag permit. Notwithstanding the foregoing, the planning manager shall refer any flag application requesting an exception pursuant to subsection K to the design review committee. In lieu of denial of an application, the planning manager, in their discretion, may refer a sign application to the design review committee.

I. Design Review Committee Review.

1. The design review committee shall review and take action to approve, conditionally approve or deny all flag permit applications requesting an exception pursuant to subsection K.

2. The design review committee shall consider flag permit applications requesting an exception to the flag standards at a public meeting and provide notice of the time and place of the meeting to the applicant and the owner of the property, if not the applicant.

J. Standards for Flags and Required Findings. The planning manager shall approve a flag application if the planning manager finds the requested flags meet the following standards:

1. Number of Flags. When mounted with separate brackets affixed to a building, or directly affixed to a building with some other mounting device acceptable to the planning 352
manager, no more than two flags of any mounting method shall be allowed per building.

No more than two in-ground flag poles may be erected per lot.

2. Maximum Size of Flags. The flag, or two flags collectively, permitted per building shall not exceed 40 square feet in size or the maximum square footage in size the planning manager determines is proportional to the size of the in-ground pole, building mounted bracket, or other mounting device proposed by the applicant such that the flag(s) will be safely affixed, whichever is smaller.

3. Mounting. Subject to the limitations in subsection (J)(1), flags may be mounted on inground flag poles, separate brackets affixed to a building, or directly affixed to a building with some other mounting device acceptable to the planning manager.

4. Maximum Height.
a. In-ground flag poles shall not exceed 39 feet from the natural grade. b. Brackets affixed to a building shall not protrude more than four feet laterally from building and shall be affixed to the building at a height such that no portion of the flag or mounting device shall extend higher than the roofline of the building. c. Flags affixed to a building with some other mounting device acceptable to the planning manager shall be affixed at a height such that no portion of the flag or the mounting device extends higher than the building roofline.

5. Avoidance of Obstruction.
a. No portion of any flag shall block windows, doors or touch the ground. b. Flags shall not obscure the view of existing permitted signs or flags. c. Flags shall be mounted on buildings, either directly or on brackets, so as to provide a minimum of seven feet of clearance between the bottom of the flag and any walkway or passageway.

6. Included in Maximum Sign Square Footage. Flags shall be included in and count toward the maximum square footage of signs allowed in sections 11-13-8 and 11-13-9.

7. Lettering. Any lettering shall not exceed eight inches height.

8. Illumination. Flags may be illuminated in compliance with section 11-12-18 of this code.

K. Exceptions to Flag Standards. Flags that do not meet the standards of this section may be permitted if the design review committee makes both of the following findings:

1. The specific standard(s) of this section for which an exception is requested, cannot be met due to exceptional or unusual circumstances applying to the property involved which do not apply generally to properties in the vicinity with the same zoning, such as, but not limited to, the presence of a legal, nonconforming use; visual obstructions; unusual building location or setback; or unusual building design, architectural style, or historic significance and all other applicable standards of this section are met.

2. The exception is content-neutral, based on objective criteria, consistent with the intent and purpose of the flag regulations and will not constitute a special privilege or entitlement inconsistent with the limitations applied to other properties in the vicinity with the same zoning.
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L. Appeals. Appeals shall be in writing and filed with the planning division within 10 calendar days of the decision being appealed. The applicant or any interested person may appeal decisions concerning flag applications as follows:

1. Appeals to the Design Review Committee. A decision by the planning manager on a flag application may be appealed to the design review committee. A hearing shall be held by the design review committee within 30 days of the date the appeal was filed.

2. Appeals to the City Council. Any decision on a flag application, whether an initial decision or on appeal from the planning manager, may be appealed to the city council pursuant to title 1, chapter 6 of this code.

3. Judicial Review. An action of the city council is subject to judicial review under California Code of Civil Procedure section 1094.8. Any such action must be commenced no later than 90 days after notice of a city council decision.

M. Expiration. An approved flag application associated with a land use application shall expire after six months from the date of approval if no land use approval has been issued. The planning manager may grant a six-month extension if the applicant is in substantial compliance with the approved application.

N. Noncurrent, Abandoned or Unsafe Flags. Section 11-13-16 shall apply to all noncurrent, abandoned or unsafe flags.

O. Enforcement and Penalties. Section 11-13-17 shall apply to all flags in the city. Any person, firm or corporation with existing flags erected, installed, affixed, displayed or otherwise existing on property shall come into compliance with this Section 90 days from the effective date of the ordinance codified in this section.
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Chapter 14
Adult-Oriented Businesses
It is the intent of this chapter to prevent community-wide adverse economic impacts, increased crime, decreased property values and the deterioration of neighborhoods which can be brought about by the concentration of adult-oriented businesses in close proximity to each other or proximity to other incompatible uses such as schools for minors, churches and residentially zoned districts or uses. The city council finds that it has been demonstrated in various communities that the concentration of adultoriented businesses causes an increase in the number of transients in the area, and an increase in crime, and in addition to the effects described above can cause other businesses and residents to move elsewhere. It is, therefore, the purpose of this chapter to establish reasonable and uniform regulations to prevent the concentration of adult-oriented businesses or their close proximity to incompatible uses, while permitting the location of adult-oriented businesses in certain areas. §11-14-2 Definitions.

Adult-Oriented Businesses. Any one of the following:

1. Adult Arcade. An establishment where, for any form of consideration, one or more still or motion picture projectors, or similar machines, for viewing by five or fewer persons each, are used to show films, computer generated images, motion pictures, video cassettes, slides or other photographic reproductions 30% or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

2. Adult Bookstore. An establishment that has 30% or more of its stock in books, magazines, periodicals or other printed matter, or of photographs, films, motion pictures, video cassettes, slides, tapes, records or other form of visual or audio representations which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities and/or specified anatomical areas.

3. Adult Cabaret. A nightclub, restaurant or similar business establishment which: (a) regularly features live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities; and/or (b) which regularly features persons who appear seminude; and/or (c) shows films, computer generated images, motion pictures, video cassettes, slides or other photographic reproductions, 30% or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

4. Adult Hotel/Motel. A hotel or motel or similar business establishment offering public accommodations for any form of consideration which: (a) provides patrons with closed-circuit television transmissions, films, computer generated images, motion pictures, video cassettes, slides or other photographic reproductions, 30% or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; and (b) rents, leases or lets any room for less than a six hour period, or rents, leases or lets any single room more than twice in a 24 hour period.

5. Adult Motion Picture Theater. A business establishment where, for any form of consideration, films, computer generated images, motion pictures video cassettes, slides or similar photographic reproductions are shown, and 30% or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

6. Adult Theater. A theater, concert hall, auditorium or similar establishment which, for any form of consideration, regularly features live performances which are distinguished or characterized by an emphasis on the display of specified anatomical areas or specified sexual activities.

7. Modeling Studio. A business which provides, for pecuniary compensation, monetary or other consideration, hire or reward, figure models who, for the purposes of sexual stimulation of patrons, display "specified anatomical areas" to be observed, sketched, photographed, painted, sculpted or otherwise depicted by persons paying such consideration. "Modeling studio" does not include schools maintained pursuant to standards set by the State Board of Education, nor a studio or similar facility owned, operated or maintained by an individual artist or group of artists, and which does not provide, permit or make available "specified sexual activities." 355
Distinguished or Characterized by an Emphasis Upon. Refers to the dominant or essential theme of the object described by such phrase. For instance, when the phrase refers to films "which are distinguished or characterized by an emphasis upon" the depiction or description of specified sexual activities or specified anatomical areas, the films so described are those whose dominant or predominant character and theme are the depiction of the enumerated sexual activities or anatomical areas.

Establishment of an Adult-Oriented Business. Includes any of the following:

1. The opening or commencement of any adult-oriented business as a new business;

2. The conversion of an existing business, whether or not an adult-oriented business, to any adultoriented business defined herein;

3. The addition of any of the adult-oriented businesses defined herein to any other existing adultoriented business; or

4. The relocation of any such adult-oriented business.

Regularly Features. With respect to an adult theater or adult cabaret, means a regular and substantial course of conduct. The fact that live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities occurs on two or more occasions within a 30 day period; three or more occasions within a 60 day period; or four or more occasions within a 180 day period, shall, to the extent permitted by law, be deemed to be a regular and substantial course of conduct.

Semi-Nude. A state of dress in which clothing covers no more than the genitals, pubic region, buttocks, areola of the female breast, as well as portions of the body covered by supporting straps or devices.

Specified Anatomical Areas. Includes any of the following:

1. Less than completely and opaquely covered human: (a) genitals or pubic region, (b) buttocks, and (c) female breast below a point immediately above the top of the areola;

2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered;

3. Any device, costume or covering that simulates any of the body parts included in subsection 1 or 2 of this definition.

Specified Sexual Activities. Includes any of the following, whether performed directly or indirectly through clothing or other covering:

1. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breast;

2. Sex acts, actual or simulated, including intercourse, oral copulation or sodomy;

3. Masturbation, actual or simulated;

4. Excretory functions as part of or in connection with any of the other activities described in subsections 1 through 3 of this definition.
§11-14-3 Location restrictions.

No adult-oriented business shall be established or located in any zone in the city other than an Light Industrial (LI) Zone.
§11-14-4 Amortization of nonconforming uses.

A. Amortization Periods. Any use of real property existing on January 1, 2000, which does not conform to the provisions of section 11-14-3 of this chapter, but which was constructed, operated and maintained in compliance with all previous regulations, shall be regarded as a nonconforming use which may be continued until December 31, 2000. On or before such date, all such nonconforming uses shall be terminated unless an extension of time has been approved by the hearing officer in accordance with the provisions of subsection B of this section.

1. Abandonment. Notwithstanding the above, any discontinuance or abandonment of the use of any lot or structure as an adult-oriented business shall result in a loss of legal nonconforming status of 356
such use.

2. Annexed Property. Any adult-oriented business which was a legal use at the time of annexation of the property and, which is located in the city, but which does not conform to the provisions of section 11-14-3 of this chapter shall be terminated within one year of the date of annexation unless an extension of time has been approved in accordance with the provisions of subsection B of this section.

B. Extension of Time. The owner or operator of a nonconforming use as described in subsection A of this section may apply under the provisions of this section for an extension of time within which to terminate the nonconforming use.

1. Time and Manner of Application. An application for an extension of time within which to terminate a use made nonconforming by the provisions of section 11-14-3 of this chapter may be filed by the owner of the real property upon which such use is operated, or by the operator of the use. Such an application must be filed with the city clerk at least 90 days but no more than 180 days prior to the time established in subsection A of this section for termination of such use.

2. Content of Application—Fees. The application shall state the grounds for requesting an extension of time. The filing fee for such application shall be the same as that for a variance as is set forth in the schedule of fees established by resolution from time to time by the city council.

3. Hearing Procedure. The city manager shall appoint a hearing officer to hear the application. The hearing officer shall set the matter for hearing within 45 days of receipt of the application. All parties involved shall have the right to offer testimonial, documentary and tangible evidence bearing on the issues; may be represented by counsel; and shall have the right to confront and cross-examine witnesses. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing under this section may be continued for a reasonable time for the convenience of a party or a witness. The decision of the hearing officer shall be final and subject to judicial review pursuant to Code of Civil Procedure section 1094.6.

4. Approval of Extension—Findings. An extension under the provisions of this section shall be for a reasonable period of time commensurate with the investment involved, and shall be approved only if the hearing officer makes all of the following findings or such other findings as are required by law:
a. The applicant has made a substantial investment (including, but not limited to, lease obligations) in the property or structure on or in which the nonconforming use is conducted; such property or structure cannot be readily converted to another use; and such investment was made prior to the effective date of this chapter;
b. The applicant will be unable to recoup said investment as of the date established for termination of the use; and
c. The applicant has made good faith efforts to recoup the investment and to relocate the use to a location in conformance with section 11-14-3 of this chapter. 357
Chapter 15
Nonconforming structures and uses
§11-15-1 Purpose and Intent.

Within the zones established by this zoning code, or amendments that may later be adopted, there exist lots, structures and uses which were lawful prior to the adoption, revision or amendment of this title, or previously adopted city zoning ordinances, but which would be prohibited, regulated or restricted under the terms of this title or future amendments. It is the intent of this title to discourage the long-term continuance of these nonconformities, but to permit them to exist under limited conditions. It is further the intent of this title to prevent nonconforming uses and structures from being enlarged, expanded or extended, or being used as grounds for adding other structures or uses prohibited by the zone in which the nonconformity is located.
§11-15-2 Nonconforming Use of Land, Buildings and Structures.

A nonconforming use may be continued subject to the following regulations, so long as such use remains otherwise lawful:

A. Structural Change. No existing building or structure devoted to a nonconforming use under this title shall be enlarged, extended, reconstructed, moved or structurally altered unless such use is changed to a use permitted in the zone in which it is located. No building or structure accessory to a nonconforming use under this title shall be erected, enlarged or extended unless such building or structure is also accessory to a conforming use.

B. Extension or Expansion. A nonconforming use may be extended throughout an existing building provided no structural alterations except those required by law or ordinance (i.e., building code regulations) are made therein. No nonconforming use shall be extended to occupy any land outside such building. No existing nonconforming use of land outside buildings, or involving no buildings, shall be enlarged, increased or extended to occupy a greater area of land than was occupied at the time the use became nonconforming, or moved to any portion of the lot not occupied by such nonconforming use at such time.

C. Change of Use. A nonconforming use may only be changed to a conforming use.

D. Termination by Abandonment.

1. Nonconforming use. If a nonconforming use is discontinued for a continuous period of thirty (30) or more days in any zone, the planning manager shall make a determination of discontinuance based on evidence such as the removal of equipment, furniture, machinery, inventory, structures, or other components of the nonconforming use, disconnected or discontinued utilities, or lack of business records to document continued operation.

2. Extensions of nonconforming uses or structures. An applicant can file an application for a Conditional Use Permit (Section 11-16-6) before the expiration of the abandonment period to extend the life of the nonconforming use. The review authority may approve a Conditional Use Permit to allow an extension, if it finds that circumstances of a significant or unusual nature prevent or have prevented the timely re-establishment of the use or structure.

3. Termination. Once the rights to a legal nonconforming status have terminated, any further use of the site or structure shall comply with the current standards of the applicable zone and all other applicable provisions of the zoning code.

E. Termination by destruction. Nonconforming status shall terminate if more than fifty (50) percent of the appraised value of the structure or use is destroyed. In such case, the structure or use shall be rebuilt, restored, reestablished or reoccupied in conformance with the standards of the zone in which it is located, or be removed completely within 180 days of the occurrence of the damage or destruction.
§11-15-3 Nonconforming Buildings and Structures.
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If a building or structure is conforming as to use but nonconforming as to setbacks, height, lot coverage, parking or other requirements concerning the building or structure, such structure may remain so long as it is otherwise lawful, subject to the following regulations.

A. Extension or Expansion. A nonconforming structure may be enlarged, extended, moved or structurally altered provided that any such extension, enlargement, etc., complies with the setback, height, lot coverage, parking and other requirements of the zone in which such structure is located.

B. Damage.

1. If a nonconforming structure is damaged by fire, flood, earthquake or other natural disaster, it may be reconstructed to the same or lesser size on the same site provided such reconstruction commences within 12 months of the time of the damage and is diligently carried to completion. Nothing in this section shall be deemed to exempt such reconstruction from applicable building codes in effect at the time of reconstruction.

2. When the reconstruction permitted in subsection (B)(1) of this section does not commence within the specified 12 months, such structure shall not be reconstructed except in conformance with the regulations of this title. §11-15-4 Construction in Progress.

To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction or designated use of any building or structure on which actual construction was lawfully begun prior to the effective date of adoption or any amendment of this title rendering the building or structure or its use nonconforming and upon which actual construction has been diligently carried on. "Actual construction" is hereby defined to mean the placing of construction materials in permanent position and fastened in a permanent manner.
§11-15-5 Expansion of Nonconforming Uses Prohibited.

An expansion of or change in a nonconforming use of buildings or land or both, not expressly permitted under and in strict accordance with the terms of this zoning code and especially this chapter nor required by law, may be ordered terminated by the city council. §11-15-6 Exceptions.

A. Interpretation. Applications for exceptions from the strict interpretation of this section may be made to the Planning Commission. The Commission shall hold a public hearing to consider the application for the exception and shall either approve the application with any appropriate conditions or deny the application.

B. Reconstruction or replacement. A nonconforming structure involuntarily damaged or destroyed as a result of an accident or by an event outside of human control, such as an earthquake, fire, or flood, may be reconstructed or replaced with a new structure with the same footprint, height, and/or number of dwelling units with Conditional Use Permit approval and in compliance with current Building and Fire Code standards in effect at the time of building permit application.

C. Findings. The Commission may make exceptions in compliance with this section only after making the following findings:

1. That the structure was erected in compliance with the existing codes of the City which were in effect at the time that the structure was erected; and

2. That the granting of an exception will not substantially alter the intention of the existing zoning standards for the zone within which the structure is located. 359
Chapter 16
Permit procedures
§11-16-1 Permit Application Filing and Processing
A. The purpose of this section is to set forth permit procedures and requirements for the preparation, filing, and processing of development applications required by this Zoning Code.

The development review process is designed to provide a consistent and efficient method for the City to implement its General Plan and other adopted goals, policies, and standards.

B. Authority for Land Use Decisions. Table 11.14 identifies the review authority responsible for reviewing and making decisions on each type of Planning Application required by this Zoning Code.

C. Application Content. All planning applications shall be filed with the department on a city application form, together with all required fees and/or deposits, the indemnification agreement required by section 11-16-2, all other information and materials specified in the department’s handouts and/or checklists submittal requirements for the specific type of application and any Table 11.14 Review Authority
Type of Action Code
Section
Review Authority1
Planning
Manager DRC Planning Commission
City
Council
General Plan
Amendment
Recommend -- Recommend Decision
Zoning Code
Amendment
11-17-1 Recommend Recommend2 Recommend Decision
Development
Permit
11-16-5 Recommend Recommend3 Decision Appeal
Conditional Use
Permit
11-16-6 Recommend Recommend3 Decision Appeal
Variance 11-16-7 Recommend Recommend3 Decision Appeal
Specific Plan1 11-16-9 Recommend -- Recommend Decision
Zoning
Clearance
11-16-4 Decision4 -- -- --
Short Term
Rental Permit
11-12-30 Decision -- Appeal Appeal
Temporary Use
Permit
11-16-8 Decision -- Appeal Appeal
Interpretations 11-2-5 Decision -- Appeal Appeal
Sign Permit 11-13-12 Recommend Decision -- Appeal
Note:

1. The review authority responsible for reviewing and making decisions on each type of permit shall be responsible for making any applicable CEQA determination. A CEQA determination may be appealed.

2. The DRC shall provide a recommendation on amendments to all design standards, building form, etc. within Village Design District Overlay (DD-1) and the Mission Design District (DD-2). All other zoning code amendments do not require DRC recommendation.

3. The DRC is to provide a recommendation for non-residential and mixed-use applications where applications propose new construction or additions greater than 500 square feet. No DRC recommendation is required for residential projects, or conversions to residential where no exterior structural improvements are proposed.

4. The planning manager’s decision under a Zoning Clearance is a ministerial action and not subject to an appeal.
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additional instructions provided by the planning manager. The department will prepare required forms and checklists.

D. Application Review.

1. Determination of completeness. The planning manager or their designee shall review each application for completeness and accuracy before it is considered officially filed.

The planning manager’s determination of completeness shall be based on the Department’s submittal requirements, including checklists and any additional instructions provided by the planning manager.
a. Notification of applicant. As required by Government Code Section 65943, not later than thirty (30) calendar days after the filing of the application, the applicant shall be informed in writing that the application is complete and has been accepted for processing, or that the application is incomplete and that additional information shall be provided to complete the application process. b. Appeal of determination. Where the planning manager has determined that an application is incomplete, and the applicant believes that the application is complete and/or that the information requested by the planning manager is not required, the applicant may appeal the determination in compliance with Section 11-17-3 (Appeals).
c. Time for submittal of additional information. When an application is incomplete, the time used by the applicant to submit the required additional information shall not be considered part of the time within which the determination of completeness shall occur.
d. Expiration of application. If an applicant fails to provide the additional information specified in the incompleteness letter within one (1) year of the notice of incomplete, the application shall expire and be deemed withdrawn.. This subsection 11-16-1.D.1.4 shall not apply to formal SB 330 applications for housing development projects which are addressed in subsection 11-16-3.F. e. Environmental information. After an application has been accepted as complete, the planning manager may require the applicant to submit additional information needed for the environmental review of the development.

E. Application Fees.

1. Fee schedule. The Council shall establish a schedule of fees for the processing of the applications required by this zoning code, which shall be listed in the City's Master Fee Schedule. Fees are intended to allow recovery of all costs incurred by the City in processing development applications.

2. Timing of payment. The City will not process an application until all required fees or deposits have been paid. If at any time during the review process deposits are insufficient to cover the City’s costs of processing the application, the City shall cease processing until additional funds are submitted.

3. Refunds and withdrawals. Application fees cover City costs for public hearings, mailings, staff time, and the other activities involved in processing applications. Fees are not refundable in the event of denial by the review authority. In the case of a withdrawal, the planning manager may authorize a partial refund based upon the pro-rated costs to-date at the time of withdrawal.

F. Eligibility to Submit an Application. An application may only be filed by the owner of the property, an authorized agent of the owner, a person acting in compliance with a purchase contract or other written consent, or the planning manager on behalf of the Council. Proposed development on appurtenant easements that an applicant controls as identified by a Title Report shall not require signature of the underlying easement holder. §11-16-2 Indemnification
A. Applicant Agreement. At the time of submitting a development application, the applicant shall agree to defend, indemnify, and hold harmless the City and its agents, attorneys, employees, 361
and officers, from any action, claim, loss, or proceeding brought against the City or its agents, employees, and officers to attack, set aside, void, or annul a discretionary land use approval of the City. The required indemnification shall include damages awarded against the City, if any, costs of suit, attorney's fees, and other costs and expenses incurred in connection with the action. A development application shall be deemed incomplete without an executed agreement pursuant to this subsection.

B. City Notification of Applicant. In the event that an action, claim, or proceeding referred to in Subsection A. above is brought, the City shall promptly notify the applicant of the existence of the action, claim, or proceeding and shall cooperate fully in the defense of the action, claim, or proceeding.

C. City Participation in Defense. Nothing in this Section shall prohibit the City from participating in the defense of any action, claim, or proceeding, if the City elects to bear its own attorney's fees and costs.
§11-16-3 Pre-Application Review / Conference
A. An applicant may submit a pre-application review with the planning manager before completing and filing a planning application for major development applications (e.g., residential subdivisions greater than 5 units, mixed-use projects, large non-residential projects, etc.), or to ensure conformity with objective design standards prior to building permit submittal for projects that may be approved with a zoning clearance as provided in Section 11-16-4.

B. The purpose of the review for a pre-application project is to:

1. Inform the applicant of development and design standards as they apply to the proposed development;

2. Review the city’s permit process, possible development alternatives, or modifications;

3. Identify information and materials the city typically requires for similar applications, and any necessary technical studies and information relating to the environmental review of the development (if applicable); and

4. Allow for a presentation to a review authority to receive feedback on a conceptual project design.

C. The purpose of the pre-application review for a project that requires a zoning clearance is to provide verification that the proposed project is in conformance with objective development and design standards or identify which standards are not in compliance with the zoning code. The applicant may re-submit for an additional review and pay the required fee as established in the Master Fee Schedule.

D. Failure by city staff to identify all required studies or all applicable standards does not constitute a waiver of those studies or standards.

E. The pre-application review shall not be construed as either a recommendation for approval or denial of the application by the city.

F. SB 330 Preliminary Application for Housing Development Projects. The SB 330 preliminary application review process was established by the Housing Crisis Act of 2019. The option to submit a preliminary application shall sunset on January 1, 2030, unless extended by or otherwise required by state law. The following outlines the process to be followed:

1. In compliance with Government Code Section 65941.1, a proponent of a housing development project, as that term is defined in state law, may submit a preliminary application. All of the information listed in the City’s SB 330 preliminary application form and payment of the preliminary application processing fee shall be submitted to the City.

2. If, after submission of a preliminary application with all of the information required by state law, the project proponent revises the project to change the number of residential units or square footage of construction by 20 percent or more, exclusive of any increase 362
resulting from the receipt of a density bonus, incentive, concession, waiver, or similar provision under State Density Bonus Law, the proponent shall not be deemed to have submitted a preliminary application that satisfies the State and city requirements, until the project proponent resubmits the required information and the preliminary application shall be dated as of the resubmission date.

3. The project proponent shall submit a formal application for a development project within 180 calendar days of submitting a preliminary application that contained all of the information required by state law. If the city determines that the formal application for the development project is incomplete, the project proponent shall submit the specific information needed to complete the application within 90 days of receiving the city’s written identification of the necessary information. If the project proponent does not submit this information within the 90-day period, then the preliminary application shall expire and have no further force or effect.
§11-16-4 Zoning Clearance
A. Purpose. This section provides a procedure for issuing Zoning Clearances, which are used to verify that a proposed use or structure complies with the allowed uses and development standards applicable to the type of use or the zone of the subject parcel.

B. Applicability. Zoning Clearance is required to verify that all requirements of this Zoning Code have been satisfied for any permitted (“P”) land use allowed by Chapters 5 through 9 of the Zoning Code where no discretionary permit approval to establish the use or development is required. In addition, the following require Zoning Clearance:

1. Additions to existing dwelling units.

2. Additions to existing multi-unit dwellings.

3. Additions to commercial/industrial buildings that are less than 500 square feet.

4. A “reconfiguration” of an architectural feature that does not modify the previously approved theme or plan for an approved planning application.

5. Restriping of a parking lot which does not decrease the number of parking spaces required for an approved development project nor change the vehicle circulation patterns, unless otherwise required to comply with Americans with Disabilities Act (ADA) requirements.

6. Color and material board changes that are consistent with the original approval for a completed residential, commercial, or industrial development project.

7. New single-unit dwelling.

8. New two-unit housing development/duplexes (SB-9).

9. Accessory Dwelling Units.

10. Junior Accessory Dwelling Units.

11. Interior remodels with no proposed exterior improvements.

12. Conversion of non-residential space for up to four (4) units where no external improvements are proposed with the exception of required ingress and egress improvements, and other improvements necessary to meet fire code and building code requirements.

13. Proposed re-roofs in the DD-1 and DD-2 district that meet objectives standards in Chapter 10A.

14. Proposed building re-paintings within the DD-1 and DD-2 district that adhere to color palette schemes in the adopted Design Handbook.

15. Public Works projects in the Public/Institutional zone.

16. As otherwise required by this Zoning Code.

17. Two-Unit Developments
C. Review Authority. Zoning Clearance is conducted by the planning manager or their designee and is not subject to an appeal.

D. An application for Zoning Clearance shall be prepared, filed, and processed in compliance with Section 11-16-1 to comply with the following:
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1. A Zoning Clearance shall be filed concurrently with the Building Permit application, if applicable. An applicant may file a Pre-Application (Section 11-16-3) for a preliminary assessment of whether a contemplated project would comply with the objective development and design standards of the Zoning Code.

2. No person shall alter, install, occupy, or use any newly constructed or modified structure, or change or occupy any newly initiated or modified use, or type or class of use without first applying for and obtaining the required Zoning Clearance.

E. Notice and Hearing. A public notice and hearing shall not be required for the planning manager’s decision on Zoning Clearances.

F. Approval. The planning manager shall issue the Zoning Clearance after first determining that the proposed development or improvement:

1. Complies with all of the applicable provisions, requirements, and standards for the category of use and the zone of the subject parcel;

2. Demonstrates compliance with any previously issued conditions of approval affecting the use on the subject parcel;

3. Demonstrates compliance with the Zoning Code and other applicable City standards; and
G. Conditions of Approval. The planning manager’s decision on a Zoning Clearance shall not impose any conditions of approval.
§11-16-5 Development Permit.

A. Purpose. This section establishes procedures for Development Permits for new developments and major additions to ensure that all development and design standards are met that may be appropriate on particular sites and/or may need to be carefully designed to avoid or minimize potential negative impacts on the surrounding area.

B. Applicability. The following types of projects require approval of a Development Permit (a Conditional Use Permit approval may also be required for a defined land use within this zoning code):

1. Residential development projects with two or more dwelling units.

2. Mixed-use development projects.

3. New non-residential development or redevelopment.

4. Additions to non-residential buildings greater than 500 square feet, or additional stories to non-residential buildings.

5. Conversion of a dwelling to commercial use.

6. Conversions of non-residential space to five (5) or more dwelling units.

7. As required by other sections of this zoning code.

C. Review Authority. The planning commission is authorized to approve, conditionally approve, or deny Development Permit applications. When required by this code, the design review committee will make applicable recommendations to the planning commission.

D. Application requirements. An application for a Development Permit shall be prepared, filed, and processed in compliance with Section 11-16-1.

E. Notice and hearing. Notice of the public hearing shall be provided and the hearing shall be conducted in compliance with Section 11-17-2 for planning commission meetings only.

F. Findings. The Planning Commission may approve a development permit application only after making all of the following findings:

1. The proposed development is consistent with the general plan, this zoning code, and other city goals, policies, and standards, as applicable.

2. For non-residential development, the subject site is physically suitable for the proposed 364
development in terms of design, operating characteristics, shape, size, and topography.

3. The proposed development will not constitute a hazard to the public, health, safety, or welfare.

G. Conditions of Approval. When approving a development permit, the planning commission may impose conditions of approval to ensure that the development will comply with the findings required by Subsection F.
§11-16-6 Conditional Use Permits.

A. Purpose. This section establishes procedures for conditional use permits for developments and uses that may only be appropriate on particular sites and/or may need to be carefully designed to avoid or minimize potential negative impacts on the surrounding area.

B. Applicability. A conditional use permit is required to authorize land uses as specified in Chapters 5 through 9 of this zoning code or as required by other Sections of this zoning code.

C. Review Authority. The planning commission is authorized to approve, conditionally approve, or deny conditional use permit applications. When required by this code, the design review committee will make applicable recommendations to the planning commission.

D. Application Requirements. An application for a conditional use permit shall be prepared, filed, and processed in compliance with Section 11-16-1.

E. Notice and Hearing. Notice of the public hearing shall be provided and the hearing shall be conducted in compliance with Section 11-17-2 for planning commission meetings only.

F. Findings. The planning commission may approve a conditional use permit only after making all of the following findings:

1. The proposed development is consistent with the general plan, this zoning code, and other city goals, policies, and standards, as applicable.

2. For non-residential uses, the subject site is physically suitable in terms of design, operating characteristics, shape, size, and topography.

3. The type, and intensity of use being proposed will not constitute a hazard to the public, health, safety, or welfare.
§11-16-7 Variances.

A. Purpose and Intent. The purpose and intent of this section is to allow variances from the strict application of the regulations on land, buildings and structures of this title where, because of exceptional conditions such as the size, shape, unusual topography or other extraordinary situation or condition of such piece of property, the literal enforcement of this title would impose practical difficulties or would cause undue hardship unnecessary to carry out the intent and purpose of this zoning ordinance.

B. Applicability. A Variance may be granted to waive or modify any requirement of this zoning code except the following: allowed land uses, residential density, specific prohibitions (for example, prohibited signs), or procedural requirements.

C. Review Authority. The planning commission is authorized to approve, conditionally approve, or deny variance applications. When required by this code, the design review committee will make applicable recommendations to the planning commission.

D. Application Requirements. An application for a variance shall be prepared, filed, and processed in compliance with Section 11-16-1.

E. Notice and Hearing. Notice of the public hearing shall be provided and the hearing shall be conducted in compliance with Section 11-17-2.
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F. Findings Required for Approval. A variance shall only be approved if all of the following are made:

1. Because of special circumstances applicable to the property, including, but not limited to, size, shape, topography, location or surroundings, the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification.

2. The granting of the variance shall not constitute a grant of special privileges inconsistent with the limitations upon other property in the vicinity and zone in which such property is situated.

3. That the granting of the variance will not be in conflict with the intent and purpose of the zoning code or the general pan.

4. The applicant agrees in writing to comply with all conditions imposed by the city in the granting of the variance.

G. Conditions of Approval. In approving a variance, the planning commission may impose conditions of approval to ensure that the development will comply with the findings required by Subsection F.
§11-16-8 Temporary Use Permit.

A. Purpose. This section establishes procedures and standards for temporary use permits for the short-term activities specified in this section. These are activities that may not comply with particular standards of the applicable zone, but may otherwise be acceptable because of their temporary nature, if reviewed and appropriately conditioned in compliance with this section.

B. Applicability. A temporary use permit is required to permit the short-term activities specified in this section.

C. Review Authority. The planning manager or their designee is authorized to issue temporary use permits. The planning manager shall approve, conditionally approve, or deny temporary use permits.

D. Application Requirements. An application for a temporary use permit shall be prepared, filed, and processed in compliance with Section 11-16-1.

E. Exempt Short-term Activities. The following activities are allowed without a temporary use permit, but may require other permits as specified.

1. Construction yards, On-site. On-site contractor's construction yard for an approved construction project including storage or cargo containers. The construction yard shall be removed immediately upon completion of the construction project, or the expiration of the Building Permit authorizing the project construction, whichever occurs first.

2. Fund-raising events.
a. Fund raising events (e.g., bake sales, yard sales, car washes, etc.) conducted on property within a non-residential zone, limited to a maximum of two days per month for each sponsoring organization.
b. Sponsorship shall be limited to educational, fraternal, religious, or service organizations directly engaged in civic or charitable efforts, or to tax exempt organizations in compliance with section 501(c) of the federal Internal Revenue Code.

3. Garage Sales. Garage sales may be held up to four (4) times a year on a residentially zoned property.

4. Public Right-of-way. Activities conducted within the public right-of-way that are authorized by an encroachment permit or issuance of a Special Event Permit.

5. Special Events. A special events permit shall be required in compliance with Solvang Municipal Code Chapter 8-9 if an event is anticipated or planned to be attended by more than 100 people on private property or within public right-of-way or property. The 366
planning manager may defer such determinations to the city manager.

6. Meeting halls or public assembly facilities. Events that occur at permanent meeting halls or public assembly facilities.

F. Allowed short-term activities. A temporary use permit may authorize the following short-term activities within the specified time limits, but in no event for more than 12 months. Activities not included in the categories below and that are proposed to occur for no more than 12 months shall comply with the development permit requirements and development standards that otherwise apply to the property.

1. Events. Art and craft exhibits, carnivals, circuses, fairs, festivals, flea markets, food events, open-air theaters, outdoor entertainment/sporting events, promotional events, rummage sales, swap meets, and other special events, that will have less than 100 people at any one given time. Events of more than 100 attendees shall be considered a special event under Chapter 8-9.

2. Amplified Music. Amplified Music that is an accessory use to the primary use shall be allowed if the following criteria is met:
a. The use does and not create any adverse impacts other than those normally associated with the permitted use.
b. Shall be in compliance with the City’s noise standards. c. Does not charge a fee for entry.
d. Amplified Music shall be limited to the hours of 12:00 p.m. to 8:00 p.m., and shall not exceed eighty (80) decibels (dB) on Friday, Saturday, and Sunday, as measured from the edge of the property line, and seventy (70) dB Monday through Thursday.
e. Other conditions as imposed by the planning manager consistent with subsection I.

3. Seasonal sales lots. Seasonal sales activities (e.g., Christmas tree lots, pumpkins, agricultural products grown on the premises, etc.) including temporary residence/security trailers.

4. Model homes & sales office. A model home(s) and/or sales office associated with a residential project. This may include off-site directional signs located on private property with written permission from the property owners. The maximum sign area shall be thirty-six (36) square feet for each sign and a maximum sign height of six (6) feet.

5. Temporary structures. A temporary office, or similar structure (not for storage), including a manufactured or mobile unit, may be approved as an accessory use for a maximum of twelve (12) months.

6. Temporary storage containers. A temporary storage or cargo container not associated with an active building permit may be approved for a maximum of thirty (30) days. The storage container shall be located on-site.

7. Temporary office and living quarters. A trailer or mobile home used as a temporary work and/or living quarters when associated with an active construction site.

8. Construction yards, Off-site. Off-site contractors' construction yards, for an approved non-City construction project. The construction yard shall be removed immediately upon completion of the construction project, or the expiration of the building permit authorizing the project, whichever occurs first. A performance guarantee may be required by the public works director or the planning manager.

9. Similar short-term activities. A short-term activity that the planning manager determines is similar to the other activities listed in this section, and compatible with the applicable zone and surrounding land uses.

G. Notice and hearing. A public notice and hearing shall not be required for the planning manager’s decision on a temporary use permit.

H. Findings. The planning manager may approve a temporary use permit upon making all of the following findings:
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1. The location, operation and time period of the temporary use will not constitute a hazard to the public interest, health, safety, or general welfare.

2. The operation of the temporary use will not be detrimental to adjoining properties through the creation of excessive dust, light, noise, odor, or other objectionable characteristics.

3. The proposed lot is adequate in size and shape to accommodate the temporary use without detriment to the enjoyment of other properties located adjacent to and in the vicinity of the subject lot.

4. The proposed lot is adequately and safely served by streets having sufficient capacity and improvements to accommodate the quantity of traffic that the temporary use will or could reasonably be expected to generate.

5. Adequate temporary parking to accommodate vehicular traffic to be generated by the use will be available either on-site or at an acceptable off-site location.

I. Conditions of Approval. In approving a temporary use permit application, the planning manager may impose conditions that are deemed reasonable and necessary to ensure that the permit would be in full compliance with the findings required by Subsection H. This may include conditions from other City departments (e.g. Public Works, Parks) and other outside agencies (e.g. Santa Barbara County Fire Department, Santa Barbara County Sheriff) that may have a direct effect on the operation of the temporary use. Conditions may address any pertinent factors affecting the operation of the temporary event, or use, and may include the following:

1. Regulating the length of time for operations, operating hours and days.

2. Provision for adequate temporary pedestrian and vehicular circulation, and parking facilities.

3. Regulation of nuisance factors including mitigation of glare or direct illumination, dirt, dust, noise, odors, smoke, trash, and vibration on adjacent lots.

4. Regulation of temporary structures and facilities, including placement, height, size, and location of equipment.

5. Provision to meet City building and fire code requirements.

6. Provision for sanitary and medical facilities, as appropriate.

7. Provision for solid, hazardous, and toxic waste collection, recycling, and/or disposal.

8. Provision for police/security and safety measures, as appropriate.

9. Regulation of signs.

10. Other conditions that would ensure that the operation of the proposed temporary use would be conducted in an orderly manner, and in full compliance with the purpose of this Section.
§11-16-9 Specific plans.

A. Purpose and Intent.

1. This section is based on the recognition that one parcel or a group of parcels of land which may be in separate ownership are suitable for a specific use or combination of uses, and should be planned as a unit to ensure protection of valuable resources and allow maximum flexibility in site planning.

2. The purpose of the specific plan is to allow for a more precise level of planning for an area than is ordinarily possible in the general plan land use element and to provide for a mixture of uses through comprehensive site planning.

3. This section is adopted to guide the preparation of specific plans pursuant to the provisions of Government Code sections 65450 through 65457.

B. Applicability.

1. A specific plan shall not be considered adopted until a site development plan as described in subsection (C)(2) of this section, together with the required accompanying data, have been approved by ordinance or resolution of the city council after consideration at a noticed public hearing and a recommendation by the planning commission.

2. At the time of adoption of the specific plan, the city council shall determine whether the 368
existing zoning on the property is consistent with the specific plan. If the City Council finds that it is not consistent, then either the City or proponent of the specific plan shall initiate rezoning of the parcel(s) to bring the zoning into conformance with the specific plan.

3. After the city council adopts the specific plan, no construction shall commence on properties subject to the specific plan unless and until all required entitlements or building permits are obtained.

C. Contents of Specific Plans.

1. As many copies of a specific plan as may be required shall be submitted to the planning manager.

2. Unless specifically otherwise authorized in writing by the planning manager, the information submitted as part of the specific plan shall consist of a site development plan including a map or maps drawn to scale and other supplemental information indicating:
a. Acreage and approximate boundaries of the property;
b. Contour maps showing topography and areas proposed for major regrading; c. Approximate width and location of proposed streets and their connector roads and other major highways on surrounding property;
d. Location of areas of geologic, seismic, flood and other hazards; e. Location of areas of prime scenic quality, habitat resources, archaeological sites, water bodies and areas with significant existing vegetation; f. Location of all proposed structures including, but not limited to, residential (distinguishing between the various types of residential structures, i.e., singlefamily dwelling, duplex, apartment, condominium, etc.), industrial and recreational structures, description of the general dimensions and square footage of each of these structures, and an indication of the total number of and estimated total population for each type of dwelling unit; g. Location and amount of open space for use by prospective residents and the public;
h. Location and description of proposed recreational facilities; i. Location of parking areas;
j. A statement of intent with respect to establishment of utilities, services and facilities, including water, sewage disposal, fire protection, police protection and schools;
k. If development is to occur in stages, a general indication of the sequence and time of construction of the various phases;
l. Text of the specific plan requirements applicable to the area involved; and m. Any other supplementary data requested by the planning manager.

D. Processing.

1. The planning commission shall hold at least one noticed public hearing to consider the specific plan. Notice of time and place of said hearing shall be given in accordance with the procedures set forth in section 11-17-2 of this zoning code.

2. The planning commission's recommendation on the specific plan shall be transmitted to the city council.

3. The City Council shall hold at least one noticed public hearing before adopting the proposed specific plan. The notice of time and place of said hearing shall be given in accordance with the procedures set forth in section 11-17-2 of this chapter.

4. The adoption of the specific plan shall be by ordinance or via resolution of the city council.

5. After adoption of a specific plan, no permits shall be issued for construction, erection or moving in of any building, nor for grading, nor for any use of land unless completion of required additional entitlements as specified by the specific plan and/or zoning ordinance.

6. Subsequent amendments to the specific plan shall be processed in the same manner as specified for adoption of an original specific plan.
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E. Findings Required for Approval. A specific plan shall not be adopted unless all of the following findings are made:

1. The specific plan is in conformance with and will implement all applicable general plan policies and incorporates any other conditions specifically applicable to the parcels that are set forth in the plan.

2. The specific plan will not be detrimental to the health, safety, comfort, convenience and general welfare of the neighborhood.

3. The specific plan will not adversely affect necessary community services such as traffic circulation, sewage disposal, fire protection and water supply.

4. The specific plan represents sound community planning and will provide a measure of public benefit as determined by the city council.
§11-16-10 Permit Implementation.

A. This section provides requirements for the implementation of the development applications or approvals required by this zoning code.

B. Effective Date of Permits. The approval of a discretionary planning application for a development shall become effective after the tenth (10th) day following the date of application approval by the review authority, where no appeal of the review authority's action has been filed in compliance with Section 11-17-3.

C. Applications Deemed Approved. A development application deemed approved in compliance with Government Code Section 65956(b) shall be subject to all applicable provisions of the General Plan, this zoning code, and other applicable City policies and standards before a building permit is issued, or a use not requiring a building permit is established.

D. Permits to Run with the Land. Unless otherwise specified, development applications and approvals granted in compliance with this Chapter shall run with the land (property), and shall continue to be valid upon a change of ownership of the site or structure to which it applies, with the exception of Home Occupation Permits issued pursuant to Section 11-12-12. §11-16-11 Performance Guarantee.

A. Deposit of Security.

1. The review authority or the planning manager may require the execution of a covenant or other agreement to deposit security in a reasonable amount to ensure the faithful performance of one or more of the conditions of approval.

2. The security shall, as required by law or otherwise at the option of the city, be in a form which includes but is not limited to cash, a certified or cashier’s check, letter of credit, or a performance bond executed by the applicant and a corporate surety authorized to do business in California and approved by the city manager.

3. The security shall remain in effect until all of the secured conditions have been performed to the satisfaction of the planning manager.

4. A security required pursuant to this section shall be payable to the City of Solvang.

B. Release of Security. Upon satisfactory compliance with all applicable provisions of this section, the security deposit shall be released.

C. Failure to comply.

1. Upon failure to perform any secured condition(s), the city may perform the condition, or cause it to be done, and may collect from the obligor all costs incurred, including administrative, engineering, legal, and inspection costs associated with satisfying the condition.

2. Any unused portion of the security shall be refunded to the obligor after deduction of the cost of the city and its agents to perform the work.
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§11-16-12 Time Limits and Extensions
A. Time Limits.

1. Unless a condition of approval or other provision of this Zoning Code or Municipal Code establishes a different time limit, any permit or approval not exercised within twenty-four (24) months of approval shall expire and become void, except where an extension of time is approved in compliance with subsection B.

2. If a development is to be constructed in approved phases, each subsequent phase shall be exercised within twenty-four (24) months from the date that the previous phase was exercised, or the permit shall expire and become void, except where an extension of time is approved in compliance with subsection B.

3. The permit shall not be deemed "exercised" until the applicant has substantially commenced construction of the approved development or actually commenced the allowed use on the site in compliance with the conditions of approval.

B. Extensions.

1. Filing and review of request.
a. Time for filing. The applicant shall file an application for an extension of time with the planning manager or their designee before the expiration of the permit, together with the filing fee required by the City's Master Fee Schedule. The permit shall be automatically extended for sixty (60) days, or until the application for the extension is approved, conditionally approved, or denied, whichever occurs last.
b. Evidence to be provided. The review authority shall determine whether the applicant has made a good faith effort to exercise the permit. The burden of proof is on the applicant to establish that circumstances beyond the control of the applicant (e.g., demonstrated problems with completing the acquisition of the lot, poor weather during periods of planned construction, financial circumstances, etc.) have prevented exercising the permit.
c. Public hearing. If the original approval required a public hearing, the review authority shall hold a public hearing on a proposed extension of time, after providing notice of the public hearing in compliance with Section 11-17-2. If the original approval did not require a public hearing, the planning manager may review and approve, conditionally approve or deny the extension of time.

2. Action on extension request.
a. A permit may be extended for three (3) additional 12-month periods beyond the expiration of the original approval provided that the review authority finds there have been no changes in the conditions or circumstances of the site or development.
b. If a project requires the issuance of a permit by the federal or state governments, or a local agency other than the City in order to be constructed, additional extensions may be granted beyond the extensions allowed in subsection 2.a, if the review authority can make a finding that the delay in the project was not caused by the applicant’s actions or failure to use due diligence in pursuing the required federal or state permits necessary to move forward with construction of the project.
§11-16-13 Changes to Approved Entitlements or Developments A. Application.

1. A development or new use allowed through a permit or approval granted in compliance with this Zoning Code shall be in substantial compliance with the approved drawings and plans, and any conditions of approval imposed by the review authority, except where changes to the development are approved in compliance with this section.

2. An applicant shall request desired changes in writing, and shall also furnish appropriate supporting materials and an explanation of the reasons for the request. Requested changes may involve changes to one or more conditions imposed by the review authority or actual changes to the development (e.g., hours of operation, expansion of a 371
use, etc.) proposed by the applicant or approved by the review authority.

3. Changes may be requested before or after construction, establishment, or operation of the approved use but no changes shall be implemented until approved by the applicable review authority.

B. Notice and hearing. If the matter originally required a noticed public hearing, the review authority shall hold a public hearing in compliance with Section 11-17-2, except for the minor changes set forth in subsection 11-16-13.C below.

C. Minor Changes. The planning manager may authorize changes to an approved development application or other approval that are considered minor if the changes:

1. Do not contradict any findings in a Negative Declaration, Mitigated Negative Declaration, or Environmental Impact Report for the development;

2. Do not contradict the basis for any conditions of approval for the development;

3. Do not contradict a specific consideration by the review authority (e.g., the planning manager, Commission, or City Council) in approving the permit; and

4. Do not involve expansion of the use of more than 10%, and comply with all applicable life/safety codes.
§11-16-14 Permit Revocation
A. Permit Revocations. The City’s action to revoke a permit or approval shall have the effect of terminating the permit or approval and denying all privileges granted by the original approval.

B. Hearing and Notice Required. The Commission shall hold a public hearing to revoke a permit or approval granted in compliance with the provisions of this zoning code. The hearing shall be noticed and conducted in compliance with Section 11-17-2.

C. Findings.

1. Permits. A conditional use permit, development permit (except a variance, see subsection 11.16.14.C(2)) may be revoked by the planning commission, if the planning Commission makes any one of the following findings:
a. Circumstances under which the permit or approval was granted have been changed by the applicant to an extent that one or more of the findings that justified the original approval can no longer be made, and the public health, safety, and welfare require revocation.
b. The permit or other approval was granted, in whole or in part, on the basis of a fraud, misrepresentation, or omission of a material statement in the application, or in the applicant’s testimony presented during the public hearing, for the permit or approval.
c. One or more of the conditions of the original permit or approval have not been substantially fulfilled or have been violated.
d. The approved use or structure has ceased to exist or has been suspended for a period in excess of twelve (12) months.
e. An improvement authorized in compliance with the permit or approval is in violation of any applicable code, law, ordinance, regulation, or statute. f. The improvement/use allowed by the permit or approval has become detrimental to the public health, safety, or welfare or the manner of operation constitutes or is creating a nuisance.

2. Variances. A variance may be revoked by the planning commission, if the planning commission makes any one of the following findings, in addition to any one of the findings specified in subsection C(1), above:
a. Circumstances under which the original approval was granted have been changed by the grantee to a degree that one or more of the findings contained in the original approval.,
b. The grantee has not substantially exercised the rights granted by the variance. 372
c. One or more of the conditions of the variance have not been met, or have been violated, and the grantee has not substantially exercised the rights granted by the variance.

3. Zoning clearance. A zoning clearance may be revoked by the planning manager if the planning manager makes any one of the following findings:
a. Circumstances under which the permit or approval was granted have been changed by the applicant to an extent that one or more of the findings that justified the original approval can no longer be made, and the public health, safety, and welfare require revocation.
b. The permit or other approval was granted, in whole or in part, on the basis of a fraud, misrepresentation, or omission of a material statement in the application, or in the applicant’s testimony presented during the public hearing, for the permit or approval.
c. The approved use or structure has ceased to exist or has been suspended for a period in excess of twelve (12) months.
d. An improvement authorized in compliance with the permit or approval is in violation of any applicable code, law, ordinance, regulation, or statute. e. The improvement/use allowed by the permit or approval has become detrimental to the public health, safety, or welfare or the manner of operation constitutes or is creating a nuisance.
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Chapter 17
Administration and enforcement
§11-17-1 Ordinance Text Amendments/Rezones.

A. Purpose and Intent. The purpose and intent of this section is to establish the procedures by which changes may be made in both the text of this zoning code and the zoning map whenever such changes are warranted by the community welfare, the public necessity and good zoning and planning practices.

B. Applicability. These procedures shall apply to all proposals to change any property from one zone to another or to amend the text of this title.

C. Zoning Ordinance Text Amendments.

1. Initiation. Proposals to amend the text of this title may be initiated by:
a. Direction of the City Council.
b. Direction of the planning commission.
c. Planning Manager or City manager
d. Any interested person may request such initiation with an application consistent with Section 11-16-1.

2. Processing.
a. Applications Submitted by Interested Persons. As many copies of an ordinance amendment application as may be required shall be submitted to the planning manager if initiated by a person or persons other than the city council or planning commission.
b. Any application filed pursuant to this section that is inconsistent with the use and/or density requirements of this zoning code or the general plan must be accompanied by an application to make the project consistent. The planning division may refuse to accept for processing any application that is inconsistent with the general plan.
c. The planning manager shall process the application and make a determination for CEQA compliance.

3. Notice and Hearing.
a. After a determination and/or preparation of any required CEQA documentation, the planning commission and city council each shall hold at least one noticed public hearing to consider the amendment and the environmental document. b. Notice of public hearings shall be completed consistent with Section 11-17-2.

4. Action.
a. Design Review Committee Recommendation. The design review committee shall review and make a recommendation on any amendments to the Village Design District (DD-1) and Mission Design District (DD-2), or objective design standards.

The design review committee’s recommendation shall be transmitted to the planning commission and the city council.
b. Planning Commission Recommendation. The planning commission shall review and make a recommendation on the rezoning. The planning commission's action on the environmental documents and recommendation on the rezoning shall be transmitted to the city council.
c. City Council Action. The city council may approve, modify or disapprove the recommendation of the planning commission; provided that any modification of the proposed amendment by the council not previously considered by the planning commission during its hearing, shall first be referred to the planning commission for report and recommendation, but the planning commission shall not be required to hold a public hearing thereon. Failure of the planning commission to report within forty (40) days after such reference, or such longer period as may be designated by the city council, shall be deemed to be a recommendation for approval of the proposed modification. 374
D. Rezones; Zoning Map Amendments.

1. Initiation. Proposals to change the zoning on any property from one zone to another zone may be initiated by:
a. Direction of the city council.
b. Direction of the planning commission.
c. Planning manager or city manager
d. Any interested person may request such initiation with an application consistent with section 11-16-1.

2. Processing.
a. As many copies of a rezone application as may be required shall be submitted to the planning manager if initiated by a person or persons other than the city council or planning commission.
b. Any application filed pursuant to this section that is inconsistent with the use and/or density requirements of this zoning code or the general plan must be accompanied by an application to make the project consistent. The planning division may refuse to accept for processing any application that is inconsistent with the general plan.
c. The planning manager shall process the application and make a determination for CEQA compliance.

4. Action.
a. The planning commission's action shall be transmitted to the city council in the form of a written recommendation.
b. Upon receipt of the recommendation of the planning commission, the city council shall hold at least one public hearing on the matter. However, if the planning commission has recommended against the rezone, the city council shall not be required to hold a public hearing or take any further action on the matter unless within five (5) days after the planning commission makes its determination, the applicant or other interested person files a written request for such hearing with the city clerk. Notice of the hearing shall be given in the manner as prescribed in section 11-17-2
c. The city council may approve, modify or disapprove the recommendation of the planning commission; provided that any modification of the proposed amendment by the city council not previously considered by the planning commission during its hearing, shall first be referred to the planning commission for report and recommendation, but the planning commission shall not be required to hold a public hearing thereon. Failure of the planning commission to report within 40 days after the reference, or such longer period as may be designated by the city council, shall be deemed to be a recommendation for approval of the proposed modification.

E. Findings Required for Approval of Text Amendment or Rezone. In order for the planning commission to recommend approval or for the city council to approve a rezone or text amendment request, the following findings shall be made:

1. The request is in the interest of the general community welfare.

2. The request is consistent with the general plan, the requirements of state planning and zoning laws and this zoning code.

3. The request is consistent with good zoning and planning practices. §11-17-2 Public Hearing Notices.

A. Purpose and Intent. The purpose of this section is to set forth the minimum requirements for providing notice of a public hearing.
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B. Notice of Public Hearing. For all projects that require a noticed public hearing, notice of the time and place of said hearing shall be given at least ten (10) calendar days before the hearing in the following manner unless specifically stated otherwise in this title:

1. The notice shall be published in a newspaper of general circulation in the city, and circulated in the area affected by the project.

2. The notice shall be mailed to:
a. Any person who has filed a written request to receive notice. b. Applicants.
c. Owners of the affected property and the owners of the property within 300 feet of the exterior boundaries of the affected property. The names and addresses used for such notice shall be those appearing on the equalized city assessment roll, as updated from time to time.
d. In the event that the number of owners to whom notice would be sent is greater than 1,000, the city may provide notice by placing a display advertisement of at least one-eighth (1/8) page in a newspaper of general circulation, published and circulated in the city.

3. Additional Noticing Methods. The city may also require public noticing in any manner it deems necessary or desirable, including, but not limited to, posted noticing on the project site.

C. Contents of Notice. The notice shall contain the following information:

1. The date of filing of the application and the name of the applicant.

2. The planning manager number assigned to the application.

3. A description of the project and its location.

4. The place, date and general time of the hearing.

5. The procedure for the submission of public comments in writing before the hearing.

6. The procedure for public comments at the hearing.

7. A statement pursuant to Government Code Section 65009(b)(2). §11-17-3 Appeals.

A. Purpose and Intent. The purpose of this section is to provide procedures and to establish criteria for appeals to the planning commission and the city council.

B. Appeals to the Planning Commission.

1. The decisions of the planning manager that are appealable consistent with Chapter 16, shall be in writing, and accompanying fee must be filed with the city clerk within ten (10) calendar days or the date of the decision of the planning manager.

2. The appellant shall state specifically in the appeal how the decision of the planning manager is inconsistent with the purpose of this title, or the error or abuse of discretion committed.

3. Prior to the hearing on said appeal, the planning manager shall transmit to the planning commission copies of the permit application including all maps and data and a statement setting forth the reasons for the decision.

4. The planning commission shall affirm, reverse or modify the decision of the planning manager at a de novo public hearing.

5. At least ten (10) calendar days before the public hearing, written notice of the time and place of such hearing shall be given in the following manner:
a. The notice shall include a general description of the matter to be considered shall be published a newspaper of general circulation in the city and circulated in the area affected by the application.
b. The notice shall be mailed and delivered to:
i. Any person who has filed a written request.
ii. The applicant(s).
iii. The appellant(s).
iv. The owner(s) of the subject property.

C. Appeals to the City Council.
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1. The decisions of the planning manager, or planning commission, may be appealed to the city council pursuant to Title 1, Chapter 6 of the Solvang Municipal Code by the applicant or any interested party adversely affected by such decision. Ministerial actions by the planning manager may not be appealed.

2. The decisions of design review committee on signs or other applications for which the design review committee is the final decision making body may be appealed to the city council pursuant to Title 1, Chapter 6 of the Solvang Municipal Code by the applicant or any interested party adversely affected by such decision. The design review committee's advice and recommendations to the planning commission on an application that will be reviewed and approved, disapproved or conditionally approved by the planning commission are not separately appealable from the planning commission's final decision on such application.

3. At least ten (10) calendar days before the public hearing written notice of the time and place of such hearing shall be given in the following manner:
a. The notice shall be published in a newspaper of general circulation in the City. b. The notice shall include general description of the matter to be considered. c. The notice shall be mailed or delivered to:
i. Any person who has filed a written request;
ii. The applicant(s);
iii. The appellant(s);
iv. The owners of the subject property.

4. Appellants shall be entitled to raise and appeal to the City Council only issues that were raised before the officer, board or commission whose decision is being appealed. § 11-17-4 Reapplications.

No application shall be accepted nor acted upon if within the past one (1) year, substantially the same application has been made and denied by the planning commission, the design review committee, the planning manager or the city council, unless the city council permits such reapplication because of an express finding that one or more of the following applies:

A. New evidence presented, which was unavailable or unknown to the applicant at the previous hearings and which could not have been discovered in the exercise of reasonable diligence by the applicant, justifies the reapplication.

B. There has been a substantial and permanent change of circumstances since the previous hearings, which materially affects the applicant's real property.

C. A mistake was made at the previous hearings, which was a material factor in the denial or denials of the previous application.

D. A denial was made “without prejudice” by the review authority with findings. §11-17-5 Enforcement and Penalties.

A. Applicability. The provisions of this section shall apply entirely to this zoning code.

B. Investigation. The planning manager, is hereby authorized to investigate all reported or apparent violations of any of the provisions of this zoning code. If a violation is determined to exist or to be impending, the planning manager is hereby authorized to take such measures as he or she deems necessary or expedient to enforce and secure compliance with the provisions of this title.

1. Planning Manager Defined. As used in this section, the term planning manager refers to the planning manager and also to any person employed by the city or any person employed by the person, firm or entity to do planning and zoning for the city who is authorized by the planning manager to act on his or her behalf.

2. Cooperation of Other Officials. The planning manager may request, and shall receive, the assistance and cooperation of other officials of the city to assist in the discharge of 377
their duties.

3. Right of Entry and Inspection. The planning manager may enter at all reasonable times any building, structure or premises in the city for the purpose of carrying out any act necessary to perform any duty imposed by this title. Upon request the planning manager shall provide adequate identification. Except under exigent circumstances, an inspection warrant shall be obtained if entry is refused.

4. Liability. The planning manager or any other person charged with the enforcement of this zoning code, if acting in good faith and within the course and scope of his or her employment, shall not thereby be liable personally, and is hereby relieved from all personal liability for any damage that may accrue to persons or property as the result of, or by reason of, any act or omission occurring in the discharge of his or her duties. Any suit brought against the planning manager, or his or her agents or employees, because of such act or omission performed in the enforcement of any provision of this title shall be defended by the city attorney or his or her designee.

C. Work Stoppage. Where any building construction work is being done contrary to the provisions of this zoning code, the planning manager may order the work stopped by giving notice in writing and serving such notice and order on any persons engaged in doing or causing such work to be done. Any such persons, their agents, employees or servants, shall forthwith stop such work until such time as recommencement is authorized by the planning manager.

D. Tax Bill Collection. To the extent permitted by applicable law, in the event any fees assessed in connection with the processing or approval of development of any property pursuant to this zoning code remain unpaid at the time specified for fixing the tax rate of the city, the amount due for such fees may be added to and become a part of the annual taxes levied against the land, provided: (1) the property is owned, controlled or was in possession of the same person who owned, controlled or was in possession of it during the time such fees were imposed; or (2) the only transfer made of the property since the date such fees were imposed have been transfers by gift, descent or devise. Such fees so added shall constitute a lien on the property. If the taxes are divided and made payable in two installments, the unpaid fees shall be added to and become a part of the first installment. The city council shall include in the statement of tax rate transmitted to the authorities the amount of such fees to be levied against the land, and such fees shall be included in the tax bill.

E. Any person, whether acting as principal, agent, employee or otherwise, who violates the provisions of this zoning code or any rule, regulation, order or permit issued hereunder, shall be subject to an administrative citation and penalties pursuant to Title 6, Chapter 5, Article A of the Solvang Municipal Code.

F. Referral for Legal Action. If unable to otherwise enforce the terms of this title, the planning manager shall refer the matter to the city attorney for appropriate legal action.

G. Legal Actions.

1. Civil Actions.
a. Public Nuisance. Any building or structure which is set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this title, and any use of any lands, buildings or premises established, conducted, operated or maintained contrary to the provisions of this title, shall be and the same is hereby declared to be unlawful and a public nuisance. b. Injunctive Relief. Whenever, in the judgment of the planning manager, any person has engaged in or is about to engage in any act or practice which constitute or will constitute a violation of any provision of this zoning code or any rule, regulation, order, or permit issued thereunder, and at the request of the planning manager, the city attorney may make application to the superior court for an order enjoining such act or practice, or for an order directing compliance, and upon a showing by the planning division that such person has engaged in or 378
is about to engage in any such act or practice, a permanent or temporary injunction, restraining order or other order may be granted. c. Abatement. In the event that any person shall fail to abate a violation hereunder after notice of same and opportunity to correct or end the violation, the planning manager may request the city attorney to apply to the superior court of this county for an order authorizing the city manager, city manager’s designee, or planning manager to undertake those actions necessary to abate the violation and requiring the violator to pay for the costs of such undertaking.

2. Civil Remedies and Penalties.
a. Civil Penalties. Any person, whether acting as principal, agent, employee or otherwise, who willfully violates the provisions of this zoning code or any rule, regulation, order or permit issued hereunder, shall be liable for a civil penalty for each day that the violation continues to exist.
b. Costs and Damages. Any person, whether as principal, agent, employee or otherwise, violating any provisions of this zoning code or the rules, regulations, orders or permits issued hereunder, shall be liable to the city for the costs incurred and the damages suffered by the city, its agents and agencies as a direct and proximate result of such violations.
c. Procedure. In determining the amount of the civil penalty to impose, the court shall consider all relevant circumstances, including, but not limited to, the extent of the harm caused by the conduct constituting a violation, the nature and persistence of such conduct, the length of time over which the conduct occurred, the assets, liabilities and net worth of the violator, whether corporate or individual, and any corrective action taken by defendant.

3. Criminal Actions and Penalties.
a. Infractions. Any person, whether as a principal, agent, employee or otherwise, violating any provisions of this zoning code, or the rules, regulations, orders or permits issued hereunder, shall be guilty of an infraction, and upon conviction thereof, shall be punished as provided in Section 1-3-2 of the Solvang Municipal Code.
b. Misdemeanors. Any offense which would otherwise be an infraction may, at the discretion of the city attorney, be filed as a misdemeanor if the defendant has been convicted of one or more violations of any of the provisions of this title within the 12-month period immediately preceding the commission of the offense or has been convicted of two or more violations of any of the provisions of this title within the 24-month period immediately preceding the commission of the offense. Upon conviction of a misdemeanor, the punishment shall be in accordance with Section 1-3-3 of the Solvang Municipal Code. c. Violations. Each and every day during any portion of which any violation of this zoning code or the rules, regulations, orders or permits issued hereunder, is committed, continued or permitted by such person shall be deemed a separate and distinct offense.

H. Cumulative Remedies and Penalties. The remedies or penalties provided by this zoning code are cumulative to each other and to the remedies or penalties available under all other laws of this state.
379
Chapter 18
Wireless telecommunication facilities
§ 11-18-1 Purpose.

A. The purpose of this chapter is to promote and protect the public health, safety and welfare, preserve the aesthetic character of the Solvang community, and to reasonably regulate the development and operation of wireless telecommunication facilities within the city to the extent permitted under state and federal law.

B. This chapter establishes clear guidelines and standards and a process for expedited permit application review intended to facilitate the orderly deployment of wireless transmission equipment to provide advanced telecommunication services to the city, its residents, businesses, and the community at large.

C. Because of the potential negative aesthetic impacts of wireless telecommunication facilities, including visual blight and the diminution of property value, the city endeavors to locate telecommunication facilities within commercial, industrial or other non-residential zones, screen them from view, and encourage collocation with other wireless telecommunication facilities.

Further, where a wireless telecommunications facility does not satisfy city planning and zoning standards, applicants shall be required to show, via scientific evidence from an expert in the field, that a significant gap in the wireless telecommunications provider's service exists and that no other feasible alternative sites exist. Per the FCC Telecommunications Act of 1996, local zoning cannot be preempted unless a wireless telecommunications facility is necessary to remedy a significant gap in coverage of the provider's service and there is a lack of feasible alternative site locations.

D. The regulations in this city are specifically not intended to, and shall not be interpreted or applied to: (1) prohibit or effectively prohibit the provision of personal wireless services; (2) unreasonably discriminate among functionally equivalent service providers; or (3) regulate wireless telecommunications facilities and wireless transmission equipment on the basis of the environmental effects of radio frequency emissions to the extent that such emissions comply with the standards established by the Federal Communications Commission hereinafter also referred to as "FCC."
E. This chapter shall be interpreted and applied so as to be consistent with the Telecommunications Act of 1996, section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, applicable State laws and administrative and court decisions and determinations relating to same. § 11-18-2 Definitions.

For the purposes of this chapter, the following terms are specially defined.

Antenna. A device used to transmit and/or receive radio or electromagnetic waves. Examples include, but are not limited to, panel antennas, microwave dishes, directional antennas and whip antennas.

Base Station. The equipment and non-tower supporting structure at a fixed location that enable FCClicensed or authorized wireless telecommunications between user equipment and a communications network.

Collocation. The mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes. It also means to add new equipment to an existing facility, which may or may not be owned by the same company.

Equipment Cabinet. Any transmission or other equipment other than an antenna housed within a protective case. An equipment cabinet may be indoors or outdoors, large or small, movable or immovable, above or below ground. Any equipment case with a heat sink or other cooling mechanism for the equipment inside qualifies as an equipment cabinet.

Manager. The city of Solvang planning manager, as defined Chapter 3 of the Solvang Municipal Code.

Monopole. A single freestanding tower that is not disguised or camouflaged and is used to either act as or support antenna or arrays.

Non-Tower Support Structure. Any structure (whether built for wireless purposes or not) that supports wireless transmission equipment under a valid permit at the time the applicant submits its application.

Stealth Facility. A wireless telecommunication facility designed and constructed to be integrated into a building or other structure, or placed on or within a building or other structure, so that no portion of any 380
equipment cabinet, transmission equipment, or any other apparatus associated with the facility's function is visible from publicly accessible areas.

Transmission Equipment. Any equipment that facilitates transmission for any FCC-licensed or authorized wireless telecommunication service, including, but not limited to, radio transceivers, antennas and other relevant equipment associated with and necessary to their operation, including coaxial or fiber-optic cable, and regular and backup power supply.

Wireless. Any FCC-authorized wireless telecommunications service.

Wireless Telecommunications Facility or Wireless Facility or Facility. Any facility that transmits and/or receives electromagnetic waves, including, but not limited to, commercial wireless telecommunications antennas and other types of transmission equipment for the transmission or receipt of such signals, towers or similar structures supporting said equipment, equipment cabinets and connectors, pedestals, meters, tunnels, vaults, splice box, surface location marker, equipment, equipment buildings, parking areas and other accessory development. The term also means any facility or transmission equipment used to provide any FCC-authorized wireless telecommunications service, including, but not limited to, personal wireless services defined by the Telecommunications Act of 1996 and licensed by the FCC, including, but not limited to, the types commonly known as cellular, personal communications services ("PCS"), specialized mobile radio ("SMR"), enhanced specialized mobile radio ("ESMR"), paging, ground based repeaters for satellite radio services, micro-cell antennas, distributed antenna systems ("DAS") and similar systems.

Wireless Tower. Any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities.
§ 11-18-3 Applicable facilities.

This chapter applies to all wireless facilities and transmission equipment as follows:

A. New Facilities. All permit applications received after the effective date of this chapter must comply with this chapter.

B. Changes to Existing Facilities. All permit applications which in any manner whatsoever seek approval to modify a previously approved facility received after the effective date of this chapter must comply with this chapter.

C. Exemptions. This section shall not apply to:

1. The city of Solvang Municipal wireless communications facilities.

2. Amateur Radios. This section shall not govern any amateur radio facility that is under 70 feet in height and is owned and operated by a federally-licensed amateur radio station operator or is used exclusively for receive-only antennas.

3. Over-the-Air Receiving Devices. This section shall not govern any over-the-air receiving devices, as defined by the FCC at 47 CFR section 1.4000, with a maximum diameter of one meter (39 inches) for residential installations, and two meters (78 inches) for nonresidential installations, and designed, installed, and maintained in compliance with the FCC and the California Public Utilities Commission (hereinafter referred to as the "CPUC") regulations. § 11-18-4 Application procedures in general.

A. Permits. All new facilities and collocations or modifications to existing facilities shall require a permit in accordance with this chapter.

1. Conditional Use Permit and Zoning Clearance. All new facilities, and collocations or modifications to existing facilities that do not meet the findings of approval for a zoning clearance in section 11-18-6(D) through (F) of this chapter, shall be subject to the approval of a conditional use permit in compliance with section 11-16-6 of this title and subject to the approval of a zoning clearance in compliance with section 11-16-5 of this zoning code.

Review by the design review committee is limited to visual aesthetics and design, landscaping including screening and fencing, and site lighting.

2. Zoning Clearance. All collocations or modifications to existing facilities that meet the findings of approval for a zoning clearance in section 11-18-6(D) through (F) of this chapter shall be subject to review by the manager.

3. Other Required Permits and Approvals. In addition to any conditional use permit or Zoning Clearance required under this section, an applicant must also apply for and obtain any separate permit or approval required for such telecommunication facility under this zoning 381
code, including, but not limited to, building, and encroachment permits.

B. Permit Submittal. Applicant shall submit all required documents identified on the appropriate submittal checklist.

C. Incomplete Application Notices. In the event that city staff determines that a permit application does not contain all the required materials, city staff may issue an incomplete letter consistent with this subsection.

1. City staff may toll the time for review only when it issues an incomplete letter within the first 30 days after a permit application is submitted, and only when the letter specifies the incomplete or missing information and the publicly available information source that requires that missing or incomplete information. City staff may issue an incomplete letter after the first 30 days, but it will not toll the time for review.

2. After an applicant responds to an incomplete letter, city staff may toll the time for review when it issues a subsequent incomplete letter within 10 days after the applicant's response (even when the first 30 day period has elapsed); provided, however, that the subsequent incomplete letter cannot toll the time for review based on an issue not cited in the first incomplete letter.

D. Public Notice. Public notice of applications submitted shall be made pursuant to section 11-17-4 of this title.
§ 11-18-5 Regulations for facilities subject to a major conditional use permit.

A. Conditional Use Permit Application Materials.

1. Application Fee. An application fee as the city may establish to reimburse the city for its costs to review the permit application.

2. Independent Consultant Deposit. An independent consultant deposit, if required, as the manager may establish to reimburse the city for its costs to retain one or more independent consultants to review the conditional use permit and zoning clearance application.

3. Site Plans. Complete and accurate construction-quality plans drawn to scale, prepared, signed and sealed by a California-licensed engineer, land surveyor and/or architect, including: (a) plan views and all four elevations before and after the proposed construction with all height and width measurements called out; (b) a depiction of all proposed transmission equipment; (c) a depiction of all proposed utility runs and points of contact; and (d) a depiction of the leased or licensed area with all rights-of-way and/or easements for access and utilities in plan view.

4. Visual Analysis. A visual analysis that includes: (a) scaled visual simulations that show unobstructed before-and-after construction daytime and clear-weather views from at least four angles, together with a map that shows the location of each view angle; (b) a color and finished material palette for proposed screening materials; and (c) a photograph of a completed facility of the same or similar design and in roughly the same setting as the proposed wireless communication facility, or a statement that no such completed facility exists.

5. Statement of Purpose. A clear and complete written statement of purpose shall minimally include: (a) a description of the technical objective to be achieved; (b) a to-scale map that identifies the proposed site location and the targeted service area to be benefitted by the proposed project; (c) the estimated number of users in the targeted service area; and (d) fullcolor signal propagation maps with objective units of signal strength measurement that show the applicant's current service coverage levels from all adjacent sites without the proposed site, predicted service coverage levels from all adjacent sites with the proposed site, and predicted service coverage levels from the proposed site without all adjacent sites.

6. Design Justification. A clear and complete written analysis that explains how the proposed design complies with the applicable design standards under this chapter to the maximum extent feasible. A complete design justification must identify all applicable design standards under this chapter and provide a factually detailed reason why the proposed design either complies or cannot feasibly comply.

7. Alternative Sites Analysis. A clear and complete written alternative sites analysis that shows at least three technically feasible and potentially available alternative sites considered, together with a factually detailed and meaningful comparative analysis between each alternative candidate and the proposed site that explains the substantive reasons why the 382
applicant rejected the alternative candidate. A complete alternative sites analysis may include less than three alternative sites so long as the applicant provides a factually detailed written rationale for why it could not identify at least three technically feasible and potentially available alternative sites.

8. Radio Frequency Emissions Compliance Report. A written report, prepared by a qualified engineer, which assesses whether the proposed wireless communication facility demonstrates planned compliance with the uncontrolled/general population exposure limits established by the FCC. The report shall also include a cumulative analysis that accounts for all emissions from all wireless communications facilities located on or adjacent to the proposed site, identifies the total exposure from all facilities, and demonstrates planned compliance with all maximum permissible exposure limits established by the FCC. The report shall include a detailed description of all mitigation measures required under the FCC.

9. Structural Analysis. A structural analysis, prepared, signed and sealed by a Californialicensed engineer, which assesses whether the proposed wireless communication facility demonstrates planned compliance with all applicable building codes, if determined to be required by the manager.

10. Noise Study. A noise study, prepared, signed and sealed by a California-licensed engineer, for the proposed wireless communications facility and all associated equipment, which shall include without limitation all environmental control units, sump pumps, temporary backup power generators, and permanent backup power generators, if determined to be required by the manager. The noise study shall include without limitation the manufacturers' specifications for all noise-emitting equipment and a depiction of the proposed equipment relative to all adjacent property lines.

11. Collocation Consent. A written statement, signed by a person with the legal authority to bind the applicant and the project owner, which indicates whether the applicant is willing to allow other transmission equipment owned by others to collocate with the proposed wireless communication facility whenever technically and economically feasible and aesthetically desirable.

12. Other Published Materials. All other information and/or materials that the city may, from time to time, make publicly available and designate as part of the application requirements.

B. Guidelines and Standards in General.

1. Location Guidelines.
a. Collocation Preference. Applicants shall collocate with existing facilities to the extent feasible. b. Preferred Locations. To minimize aesthetic and visual impacts and to the maximum extent feasible, all new telecommunication facilities shall be located according to the following preferences, ordered from most-preferred to least-preferred:
i. Parcels owned or controlled by the city;
ii. Parcels owned or controlled by other governmental entities; iii. Parcels principally used as a golf course;
iv. Parcels or rights-of-way in commercial zones;
v. Parcels or rights-of-way in open space zones; and
vi. Parcels or rights-of-way in residential zones.
c. Exception for Facilities Proposed Based on Proximity to Residential Uses. Notwithstanding the preferences listed in subsection (B)(1)(b) of this section, a proposed facility that is not a stealth facility within 500 feet from a residential use measured from the nearest point of the proposed facility to the property line of the parcel inclusive of the residential use shall be defined as a least preferred location. Notwithstanding the preferences listed in subsection (B)(1)(b) of this section, a proposed facility that is a stealth facility within 300 feet from a residential use measured from the nearest point of the proposed facility to the property line of the parcel inclusive of the residential use shall be defined as a least preferred location.
d. Most Strongly Disfavored Locations. No facility shall be permitted or constructed in a location where it would:
i. Extend above a ridgeline;
ii. Impact a designated scenic viewshed;
iii. Require the removal or relocation of a protected tree; or 383
iv. Be on the same parcel as a historical site or structure.

2. Stealth and Concealment Techniques. All new facilities and substantial changes to existing facilities shall include appropriate stealth and concealment techniques given the proposed location, design, visual environment, and nearby uses and/or structures. All ground-mounted outdoor transmission equipment and associated enclosures or shelters shall be screened appropriately as determined by planning commission on recommendation from the design review committee. No barbed wire, razor wire, or other such similar fences shall be permitted; chain link fences may be permitted only when completely concealed from public view. All wires, cables, and any other connections shall be completely concealed from public view to the maximum extent feasible. Stealth and concealment techniques do not include incorporating faux-tree designs of a kind substantially different than the surrounding live trees.

3. Landscaping. All facilities shall include a landscaped buffer at least four feet wide outside the perimeter of the ground-mounted equipment. All landscaping shall be maintained for the life of the project. The planning commission on recommendation from the design review committee may increase, reduce, or waive the required landscaping when it finds that a different requirement would better serve the public interest.

4. Height. All new facilities and substantial changes to existing facilities shall comply with the applicable zone height limit as specified in the zone district in which it is located, unless a modification as to height is approved by the planning commission.

5. Setbacks. All new facilities and substantial changes to existing facilities shall comply with the applicable setback requirements as specified in the zone district regulations in which the facility is located.

6. Lights. Unless otherwise required under Federal Aviation Administration ("FAA") regulations, applicants shall install only timed or motion-sensitive lights and design all lights associated with the wireless telecommunication facility in accordance with section 11-12-18 of this title.

7. Noise. At no time shall transmission equipment or any other associated equipment (including, but not limited to, heating and air conditioning units) at any wireless telecommunication facility emit noise that exceeds the applicable limit(s) established in the noise element of the city's general plan. Testing of backup generators or similar equipment shall only occur during standard daylight hours and in no event prior to seven (7:00) a.m. Monday through Friday and eight (8:00) a.m.

Saturday and Sunday.

8. Signage. No facilities may bear any signage or advertisement(s) other than signage required by law or expressly permitted/required by the city.

9. Code Compliance. All facilities shall at all times comply with all applicable federal, state, and local building codes, electrical codes, fire codes, and any other code related to public health and safety.

C. Guidelines and Standards Specific to Wireless Towers.

1. To minimize aesthetic and visual impacts, all new wireless towers shall be designed in accordance with the preferred designs, ordered from most-preferred to least-preferred, as follows:
a. New freestanding architectural feature (e.g., faux clock tower, water tank, flagpole, etc.). b. Public art installation.
c. False tree compatible with surrounding foliage and natural environment.

2. All wireless towers shall be designed and situated in a manner that utilizes existing natural or manmade features (including, but not limited to, topography, vegetation, buildings, or other structures) to visually conceal the wireless tower to the maximum extent feasible.

3. All tower-mounted transmission equipment shall be mounted as close as possible to the tower so as to reduce the overall visual profile to the maximum extent feasible.

D. Guidelines and Standards Specific to Base Stations.

1. All transmission equipment shall be concealed within existing architectural features to the maximum extent feasible.

2. All new architectural features proposed to conceal the transmission equipment shall be designed to mimic the existing underlying structure, shall be proportional to the existing underlying structure, and shall use materials in similar quality, finish, color, and texture as the existing underlying structure.

3. All transmission equipment shall be mounted at the lowest height and set back from the 384
roofline to maximum extent feasible.

E. Guidelines and Standards Specific to Facilities in the Public Right-of-Way.

1. Preferred Locations. Facilities shall be located as far from residential uses as feasible, and on arterial and collector streets to the extent feasible. Facilities in the rights-of-way shall maintain at least a 200 foot setback from other facilities, except when collocated or on opposite sides of the same street.

2. Undergrounded Equipment. All non-antenna equipment shall be installed underground to the maximum extent feasible. All vents, exhausts and similar features for undergrounded equipment shall be flush to grade to the maximum extent feasible; all above-grade vents, exhausts or similar features shall be designed to blend with the environment to maximum extent feasible.

3. Pole-Mounted or Tower-Mounted Equipment. All pole-mounted and tower-mounted transmission equipment shall be mounted as close as possible to the tower so as to reduce the overall visual profile to the maximum extent feasible. All pole-mounted and tower-mounted transmission equipment shall be painted with flat, non-reflective colors that blend with the visual environment. No portion of the antenna or transmission equipment mounted on a pole may be less than 16 feet above any road surface unless certain equipment must be placed lower in order to comply with California Public Utilities Commission General Order 95.

F. Applicable Criteria for Conditional Use Permit Approval. In addition to all the guidelines and standards contained in this section, the planning commission may specifically consider the following factors in determining whether to issue a major conditional use permit, although the planning commission may waive or reduce the burden on the applicant of one or more of these criteria if the planning commission concludes that the goals of this chapter are better served by the waiver:

1. Height of the proposed facility;

2. Proximity of the facility to residential structures and residential zone boundaries;

3. Nature of uses on adjacent and nearby properties;

4. Surrounding topography;

5. Surrounding tree coverage and foliage;

6. Design of the facility, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;

7. Proposed ingress and egress;

8. Availability of existing facilities for collocation and/or other existing structures; and

9. Alternative sites listed by applicant.
§ 11-18-6 Regulations for facilities subject to a Zoning Clearance.

A. Purpose and Intent.

1. Under section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, state and local governments "may not deny, and shall approve" any "eligible facilities request" so long as it does not "substantially change the physical dimensions of the existing wireless tower or base station." See 47 USC section 1455(a) (2013). A permit application subject to section 6409(a) is referred to as a "covered request."

2. On December 17, 2014, the FCC adopted a report and order that interpreted section 6409(a) to limit local discretion over wireless permit applications that qualified under the statute as a covered request. Among other things, the FCC specifically limited the kinds of information localities could solicit in permit applications, defined "substantially change the physical dimensions" to include objective thresholds under a cumulative limit, and enacted a rule that "deemed-granted" any covered request when the local reviewing authority fails to act within 60 days after the application is submitted. The FCC codified its rules to interpret section 6409(a) at 47 CFR section 1.40001 et seq.

3. The purpose of this subsection is to promote and protect the public health, safety and welfare. This chapter does so by setting forth standards and processes taken from section 6409(a) and the FCC's rules for the submittal, review, and action upon a permit application.

4. This subsection shall be interpreted and applied so as to be consistent with the Telecommunications Act of 1996, section 6409(a) of the Middle Class Tax Relief and Job Creation 385
Act of 2012, and the applicable FCC and court decisions and determinations relating to same.

5. In the event that a court of competent jurisdiction issues a final ruling invalidating section 6409, then all proposed modifications to existing facilities subject to this section must be approved by a conditional use permit under subsection 11-16-2(G) of this title.

B. Time for Review. Federal regulations provide that the city must approve or deny on a zoning clearance permit application, and all other required permits and approvals, within 60 days after the applicant submits the permit application, unless tolled due to an incomplete notice or a mutual agreement to extend the time. Under federal regulations, failure to act upon a zoning clearance permit and all other required permits and approvals, within 60 days will result in a "deemedgranted" permit.

C. Zoning Clearance Application Materials.

1. Application Fee. An application fee as the city may establish to reimburse the city for its costs to review the permit application.

2. Site Plans. Complete and accurate construction-quality plans drawn to scale, including: (a) plan views and all four elevations before and after the proposed change with all height and width measurements called out; (b) a depiction of all existing and proposed transmission equipment; (c) a depiction of all existing and proposed utility runs and points of contact; and (d) a depiction of the leased or licensed area with all rights-of-way and/or easements for access and utilities in plan view. For wireless towers, the plans must include scaled plan views and all four elevations that depict the physical dimensions of the wireless tower as it existed currently, if applicable. For base stations, the plans must include scaled plan views and all four elevations that depict the physical dimensions of the base station as originally constructed.

3. Visual Analysis. A visual analysis that includes: (a) scaled visual simulations that show unobstructed before-and-after construction daytime and clear-weather views from at least four angles, together with a map that shows the location of each view angle; (b) a color and finished material palette for proposed screening materials; and (c) a photograph of a completed facility of the same design and in roughly the same setting as the proposed wireless communication facility.

4. Narrative. A written narrative that explains in explicit factual detail why the applicant believes that section 6409(a) governs the proposed change permit request. The narrative should identify each required finding of approval under the applicable section of this chapter for the proposed change and explain what facts allow the manager to affirmatively make each finding.

5. Prior Permits. True and correct copies of all previously issued permits, together with all conditions of approval, together with a written statement from the applicant that certifies the proposal will not violate any applicable permit or condition of approval.

6. Radio Frequency Emissions Compliance Report. A written report, prepared by a qualified engineer, which assesses whether the proposed wireless communication facility demonstrates planned compliance with the uncontrolled/general population exposure limits established by the FCC. The report shall also include a cumulative analysis that accounts for all emissions from all wireless communications facilities located on or adjacent to the proposed site, identifies the total exposure from all facilities, and demonstrates planned compliance with the uncontrolled/general population exposure limits established by the FCC, as well as an analysis of alternative locations.

The report shall include a detailed description of all mitigation measures required under the FCC.

7. Structural Analysis. A structural analysis, prepared, signed and sealed by a California-licensed engineer, which assesses whether the proposed wireless communication facility demonstrates planned compliance with all applicable building codes, if determined to be required by the manager.

8. Noise Study. A noise study, prepared, signed and sealed by a California-licensed engineer, for the proposed wireless communications facility and all associated equipment, which shall include without limitation all environmental control units, sump pumps, temporary backup power generators, and permanent backup power generators, if determined to be required by the manager. The noise study shall include, without limitation, the manufacturers' specifications for all noise-emitting equipment and a depiction of the proposed equipment relative to all adjacent property lines.

9. Other Permits and Approvals. A zoning clearance permit application must include all permit applications with all required application materials for each and every separate permit or approval required for such telecommunication facility under this zoning code, including, but not limited to, 386
building, and encroachment.

10. Other Published Materials. All other information and/or materials that the city may make publicly available and designate as part of the application requirements.

D. Findings for Zoning Clearance Approval for Existing Wireless Towers on Private Property. The manager must approve a zoning clearance permit application to change an existing wireless tower on private property when the manager finds all of the following:

1. The applicant proposes a change that involves a structure constructed with all necessary permits in good standing for the sole or primary purpose of supporting FCC-licensed or authorized antennas and their associated facilities;

2. The proposed change does not increase the height more than 10% or one additional antenna array not more than 20 feet (whichever is greater) above the height that exists currently, if applicable;

3. The proposed change does not increase the width more than 20 feet or the tower width at the level of the appurtenance (whichever is greater);

4. The proposed change does not involve more than the standard number of new equipment cabinets for the technology involved, not to exceed four;

5. The proposed change does not involve excavation outside the lease or license area;

6. The proposed change does not defeat any existing concealment elements; and

7. The proposed change does not violate prior conditions of approval, except as may be preempted by section 6409(a).

E. Findings for Zoning Clearance Approval for Existing Base Stations on Private Property. The manager must approve a zoning clearance permit application to change an existing base station on private property when the manager finds all of the following:

1. The applicant proposes a change on a structure (whether built to support FCC-licensed or authorized antennas and their associated facilities or not) that currently supports existing wireless transmission equipment and all necessary permits for such use are in good standing;

2. The proposed change does not increase the height more than 10% or 10 feet (whichever is greater) above the originally approved structure height;

3. The proposed change does not increase the width more than six feet;

4. The proposed change does not involve more than the standard number of new equipment cabinets for the technology involved, not to exceed four;

5. The proposed change does not involve excavation outside the lease or license area;

6. The proposed change does not defeat any existing concealment elements; and

7. The proposed change does not violate prior conditions of approval, except as may be preempted by section 6409(a).

F. Findings for Zoning Clearance Approval for Altering Facilities in the Public Right-of-Way. The manager must approve an application to change an existing wireless tower or base station in the public right-of-way when the manager finds all of the following:

1. The applicant proposes a change on either: (a) a structure constructed with all necessary permits in good standing for the sole or primary purpose of supporting FCC-licensed or authorized antennas and their associated facilities (i.e., a "wireless tower"), or (b) a structure (whether built to support FCC-licensed or authorized antennas and their associated facilities or not) that currently supports existing wireless transmission equipment and all necessary permits for such use are in good standing (i.e., a "base station");

2. The proposed change does not increase the height more than 10% or 10 feet (whichever is greater) above the originally approved structure height;

3. The proposed change does not increase the width more than six feet;

4. The proposed change does not involve more than the standard number of new equipment cabinets for the technology involved, not to exceed four;

5. The proposed change does not involve excavation outside the proximity to the ground-mounted equipment in the public rights-of-way;

6. The proposed change does not defeat any existing concealment elements; and

7. The proposed change does not violate prior conditions of approval, except as may be preempted by section 6409(a).

G. Conditions of Approval Specific to Section 6409(a) Facilities. In addition to all other conditions of approval permitted under state and federal law that the manager may deem appropriate for a 387
specific change, all zoning clearance permits under this chapter, whether affirmatively granted by the manager under federal directive in 47 USC section 1455(a) or deemed granted by the operation of law, shall include all the conditions of approval as follows:

1. No Automatic Renewal. Grant or acceptance of this permit shall not renew or extend the underlying permit term.

2. Indemnification. To the maximum extent permitted by applicable law, and as part of its application, the applicant shall enter into an agreement whereby the applicant shall agree to at all times defend, indemnify, protect, save harmless, and exempt the city, its officers, commissioners, directors, attorneys, agents, servants, employees, and volunteers from any and all penalties, damages, or charges, excepting only punitive damages, which arise from claims, suits, demands, causes of action, and/or awards, and/or costs and expenses in connection therewith, whether compensatory or consequential, whether legal or equitable, which arise from, or are caused by, the construction, erection, installation, location, collocation, operation, maintenance, repair, modification, replacement, removal, relocation, or restoration of wireless transmission equipment within the city based on any act or omission of an applicant, its directors, officers, attorneys, site managers, agents, employees, contractors, subcontractors, independent contractors, or representatives. Without limiting the generality of the foregoing, the penalties, damages, or charges referenced in this condition of approval, shall include all reasonable attorneys' fees, consultants' fees, and expert witness' fees as costs and expenses recoverable by the city.

3. Compliance with Applicable Laws. The applicant shall comply with all applicable provisions in this chapter, any permit issued under this chapter, and all other applicable laws and regulations. Any failure by the city to enforce compliance shall not relieve any applicant of its obligations under this chapter, any permit issued under this chapter, or all other applicable laws and regulations.

4. Violations. The city may revoke a zoning clearance permit granted under this chapter for any violation of this zoning code. The remedies available to the city shall be cumulative and the city may resort to any other remedy available at law or in equity and resort to any one remedy shall not cause an election precluding the use of any other remedy with respect to a violation.

5. No Waiver of Standing. The city's grant of any zoning clearance permit pursuant to 47 USC section 1455(a) shall not waive, nor be deemed to waive, the city's right and/or standing to challenge the validity of 47 USC section 1455(a) or any related administrative or judicial order or decision, either on its face or as applied in any particular case.

H. Zoning Clearance Denial Without Prejudice.

1. Grounds for a Denial Without Prejudice. The manager may issue a denial without prejudice for a zoning clearance permit when:
a. Based on the materials submitted by the applicant, the manager cannot make all findings required for the type of proposed change;
b. The proposed change would cause a violation of an objective, generally applicable law related to health and safety;
c. The proposed change involves the replacement of the entire support structure; or d. The proposed change does not qualify for mandatory approval under 47 USC section 1455(a), as may be amended or superseded, and as may be interpreted by any order or decision by the FCC or by any court of competent jurisdiction.

2. Procedures for Zoning Clearance Permit Denial Without Prejudice. All zoning clearance permit application denials shall be in written form; the written permit denial shall include: (a) the decision date; (b) a statement that the city denies the permit without prejudice; (c) a short and plain statement with the basis for the denial; and (d) that the applicant may submit the same or substantially the same permit application in the future.

3. Submittal After Zoning Clearance Permit Denial Without Prejudice. After the manager denies a zoning clearance permit application, and subject to the generally applicable permit application submittal provisions in this chapter, an applicant shall be immediately allowed to either:
a. Submit a new zoning clearance permit application for the same or substantially the same proposed change; or
b. Submit a new major conditional use permit application for the same or substantially the same proposed change.

4. Costs to Review a Denied Zoning Clearance Permit. The city shall be entitled to recover the reasonable costs for its review of any zoning clearance permit application. In the event that the 388
manager denies a zoning clearance permit application, the city shall return any unused deposit fees within 60 days after a written request from the applicant. An applicant shall not be allowed to submit a major conditional use permit application or submit a zoning clearance permit application for the same or substantially the same change unless all costs for the prior-denied permit application are paid in full.
§ 11-18-7 Independent consultant review.

A. Selection by Manager. The manager may select and retain with the approval of the city manager one or more independent consultants with expertise in telecommunications satisfactory to the manager in connection with any permit review and evaluation.

B. Scope. The independent consultant shall review the project aspects that involve technical or specialized knowledge and may address:

1. Whether the applicant submitted a complete and accurate application;

2. Whether the facts and materials presented in a particular application tend to support certain statements or analyses in the application;

3. Compliance with any applicable regulations;

4. Any other specific technical or specialized issues requested by the city; and/or

5. Presence or absence of a significant gap in service coverage, as appropriate.

C. Independent Consultant Fee Deposit. The applicant shall pay the cost for any independent consultant fees, along with applicable overhead recovery, through a deposit, estimated by the manager, paid at the time the applicant submits an application. The applicant shall pay all consultant fees before the city may act on a permit application. In the event that such costs and/or fees do not exceed the deposit amount, the city shall refund any unused portion within 60 days after the final building permit is released or, if no final building permit is released, within 60 days after the city receives a written request from the applicant. § 11-18-8 Maintenance.

A. All wireless telecommunication facilities must comply with all standards and regulations of the FCC, and any other state or federal government agency with the authority to regulate wireless communication facilities.

B. The site and the wireless telecommunication facility, including all landscaping, fencing, and related transmission equipment must be maintained in a neat and clean manner and in accordance with all approved plans.

C. All graffiti on wireless telecommunication facilities must be removed at the sole expense of the permittee within 48 hours of notification.

D. The permittee shall at all times maintain current contact information for all parties responsible for the facility, which shall include a phone number, street address and email address for at least one natural person. All such contact information shall be provided to the manager.

E. A wireless telecommunication facility located in the public right-of-way may not unreasonably interfere with the use of any city property or the public right-of-way by the city, by the general public or by other persons authorized to use or be present in or upon the public right-of-way.

Unreasonable interference includes disruption to vehicular or pedestrian traffic, and interference with any other city or public utilities. If deemed necessary by the city public works department, the permittee shall modify, remove, or relocate its facility, or portion thereof, at permittee’s sole cost and expense and without cost or expense to the city, if and when made necessary by any abandonment, change of grade, alignment or width of any street, sidewalk or other public facility, including the construction, maintenance, or operation of any other city underground or aboveground facilities including, but not limited to, sewers, storm drains, conduits, gas, water, electric or other utility systems, or pipes owned by city or any other public agency. Said modification, removal, or relocation of a wireless telecommunications facility shall be completed within a reasonable relocation time frame as determined by the manager. In the event a wireless telecommunications facility is not modified, removed, or relocated within said period of time, city may cause the same to be done at the sole expense of applicant. Further, in the event of an emergency, the city may modify, remove, or relocate wireless telecommunications facilities without prior notice to applicant provided applicant is notified within a reasonable period thereafter.

F. If any FCC, CPUC or other required license or approval to provide communication services is ever 389
revoked, the permittee must inform the manager of the revocation within 10 days of receiving notice of such revocation.
§ 11-18-9 Removal of abandoned facilities.

A. Any facility whose permit has expired or whose permit has been terminated by the city or that is not operated for a continuous period of 180 days shall be deemed abandoned, and the owner of the facility shall remove the facility within 90 days of receipt of notice from the manager notifying the owner of the abandonment.

B. If the facility is not removed within the 90 day period, the manager may remove the facility at the permittee's, facility owner's, or landowner's expense pursuant to the city's abatement procedures.

C. If there are two or more users of the permitted facility, this provision shall not become effective until all applicable permits have expired or have terminated or all users cease using the wireless tower.
§ 11-18-10 Ownership transfers.

Upon transfer of an approved wireless telecommunication facility or any rights under the applicable permit or approval, the permittee of the facility must within 30 days of such transfer provide written notification to the manager of the date of the transfer and the identity of the transferee. The manager may require submission of any supporting materials or documentation necessary to determine that the facility is in compliance with the existing permit or approval and all of its conditions including, but not limited to, statements, photographs, plans, drawings, and analysis by a qualified engineer demonstrating compliance with all applicable regulations and standards of the city, FCC, and CPUC. § 11-18-11 Permit terms and conditions.

A. Each permit issued, except permitted uses pursuant to this chapter, shall be issued for a period of 10 years, but may be reduced for public safety reasons or substantial land use reasons pursuant to California Government Code section 65964(b). The city may establish a build-out period for a wireless telecommunication facility. At the end of the specified permit term, the permit shall automatically expire unless a written request for renewal is submitted by the applicant, prior to expiration, to the manager. Upon the expiration of any required permits for the facility, it shall be removed in accordance with the requirement of section 11-18-9 of this chapter.

B. If a request for renewal of the required permit(s) is received, the permit shall remain in effect until a decision on the renewal is made. The renewal request shall be reviewed in a similar manner as the original approval. The review is to insure that the facility is still in operation, that it has been properly maintained, that the original conditions of approval have been adhered to and whether they are to remain the same or need to be modified, and to determine if new means exist to upgrade the facility to better meet the purpose, intent, goals and provisions of this chapter. If new means exist that will allow the redesign or relocation of the facility to better meet the purpose, intent, goals and provisions of this chapter, then the facility must be redesigned and/or relocated accordingly. Failure to comply with this requirement may be considered grounds for denial of a new permit.

C. The city may add conditions to any new permits as necessary to advance a governmental interest related to health, safety, or welfare, provided, however, that any condition shall comply with applicable FCC and CPUC regulations and standards, and that reasonable advance notice thereof has been provided to all affected parties. If an entitlement is not renewed, the city shall give the applicant written notice thereof together with the rationale on which the city's decision was made.

Any applicant that is dissatisfied with a decision to renew or not to renew their permit may appeal the decision in accordance with the provisions of the section(s) under which the original approval was issued.
§ 11-18-12 Exception from standards.

Notwithstanding the provisions of this chapter, one or more specific exceptions to the standards contained within this chapter may be granted if a denial would prohibit or have the effect of prohibiting the provision of wireless telecommunications services by the applicant. As such, the city may grant special permission or exception, on such terms as the city may deem appropriate, in cases where the city determines that the grant of the special permission is necessary to comply with state and federal 390
law or regulations and where the applicant shows by clear and convincing evidence that no other location or combination of locations in compliance with this chapter can provide comparable communications. Prior to the issuance of an exception, the applicant shall be required to submit to the manager a written explanation setting forth clear and convincing evidence that the location or locations, and the design of the facility is necessary to close a significant gap in service coverage, that there is no feasible alternate location or locations, or design, that would close a significant gap or to reduce it to less than significant, and that the facility is the least intrusive means to close a significant gap or to reduce it to less than significant in service. Exceptions shall be subject to the review and approval of the planning commission and city council. The burden is on the applicant to prove significant gaps and least intrusive means as required herein.
§ 11-18-13 Conflicts with other ordinances or regulations.

In the event that any city ordinance or regulation, in whole or in part, conflicts with any provisions in this chapter, the provisions of this chapter shall control.
§ 11-18-14 Severability.

In the event that a court of competent jurisdiction holds any section, subsection, paragraph, sentence, clause, or phrase in this chapter unconstitutional, preempted, or otherwise invalid, the invalid portion shall be severed from this chapter and shall not affect the validity of the remaining portions of this chapter. The city hereby declares that it would have adopted each section, subsection, paragraph, sentence, clause, or phrase in this chapter irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases in this chapter might be declared unconstitutional, preempted, or otherwise invalid.
391
Exhibit B
Official Zoning Map of the City of Solvang
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MAP FOR INFORMATIONAL PURPOSES ONLY
Zoning Map Amendments
Effective Date Ordinance No.

Mission Dr.

Laurel Ave.
2nd Pl.

Maple Ave.

Alisal Rd.

Pine St.

Elverhoy Way
5th St.

Chalk Hill Rd.

Fredensborg Canyo n Rd.

Viborg Rd.

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Valley O a d.

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Coast Oak Dr.

Oak Ridge Rd.
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4 5
6 7 8
9 10 10
11 11
14 18
21 31
32 34
35 36
37 37
38 28
29 12
13 Alborg Wy. Eucalyptus Dr.

Oak St.
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3rd St.

Windmill Ln
Coyote Creek Rd.

Ringsted Dr.

Roskilde Rd
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Alamo Pintado Cr eek
Ali sal Creek
Santa Ynez River
Unincorporated
Santa Barbara County
Unincorporated
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City of Solvang California
Official Zoning Map
Street Names
City Limits Legend Creeks & Rivers
Design Districts
Specific Plan (SP2)
Agriculture Tourist (AT) Village Mixed-Use (VMU)
Retail Commercial (CR)
Heavy Commerical (CH)
Professional Office (PO)
Light Industrial (LI)
Public/Institution (PI)
Park (P)
Open Space (OS)
Estate Residential (ER-3)
Estate Residential (ER-1)
Residential Low Density (R-1)
Planned Residential (PR)
Residential Medium Density (R-2)
Residential High Density (R-3)
Mobile Home Park (MHR)

1. Myrtle Ct.

2. Peterson Ave.

3. Park View Trail

4. Rosenvej

5. Mid Mesa Dr,

6. Hans Park Trail

7. Aebeltoft Way

8. Bakke Way

9. Aalborg Way

10. Kronborg Dr.

11. 4th Pl.

12. Park Way

13. Molle Way

14. Ash Ln.

15. Vester Hof

16. Midten Hof

17. Nykobing

18. Sycamore Way

19. Esrom Dr.

20. Mountain View Dr.

21. Pepperwood Way

22. Sandalwood Way

23. Ironwood Way

24. Hickory Way

25. 1st Ct.

26. 3 Spring Rd.

27. Buttonhook Rd.

28. Oxbow Pl.

29. Bow Pl.

30. Honey Locust Ct.

31. Hindfell Way

32. Vigard Dr.

33. Nordentoft Way

34. Hornbeck Pl.

35. Augustenborg Pl.

36. Ringsted Pl.

37. Hillside Dr.

38. Aquaduct Way
393
From: Annamarie Porter
To: Rafael Castillo
Subject: FW: Rezoning issue
Date: Monday, November 18, 2024 4:55:10 PM
Please add to your agenda packet as last attachment, comment received from public.

There may be more coming before we publish.

Thank you
From: David and Lauren Watts
Sent: Monday, November 18, 2024 4:19 PM
To: Public City Council Group <[email protected]> Subject: Rezoning issue
Caution! This message was sent from outside your organization.

We live at 1903 Old Mission Drive and have lived here since 1987. We have seen many changes to our once country road neighborhood which includeda huge market development (employees parking on our street) The US Fire department with their trucks, the 8 apartments built at the end of the cul de sac with attached ADU’s and now a possibility for rezoning which will double the houses if owners wish to build another house on their property. This is too much! Please do not rezone!
Lauren and David Watts
Attachment J
394
November 18, 2023
Members of the Solvang City Council
C/O City Hall, City Clerk's Office
1644 Oak Street
Solvang, CA 93463
RE: Rezoning of 7-R-1 and 8-R-1 to R2
Mr. Mayor and Solvang City Council Members,
My name is Craig Kent and I have been a property owner and resident of Solvang since 1979 (45 years).

I am writing to you today to express my significant concerns about the submission for mass approval of over 370 pages of code changes by the Planning Department.

During the Planning Commission meeting of November 4, 2024 over 370 pages of code changes were presented by the planning department for approval. It was apparent that the commissioners had not read and understood all of the contents of the 378 page proposal yet they voted to approve sending it to the City Council for consideration and approval. This was the first time this information was publicly available. Clearly an effort has been underway for some time by staff to produce this proposal. It is asserted, and acknowledged, that they are being proposed to modernize the City’s zoning regulations and make other conforming edits consistent with the general plan.

I have read through a small portion of the proposed changes and I have already found two issues that bring into question whether sufficient assessment for significant impacts and unintended consequences has been performed.

First, relative to the proposed code change section 11-11-13 defining the minimum width of driveways, the Santa Barbara County Fire Department (SBCFD) provides fire and emergency services to Solvang and in discussions with Planning and Building I was informed that the city defers to the SBCFD for determination of the adequacy of driveways and roads, along with other specifics in the SBCFD standards, to facilitate emergency equipment. Those SBCFD standards define driveways and the requirements for driveway widths. They also differentiate private driveways (which provide access to one or two residences) from private roads (which provide access to two or more residences) as well as define different requirements for private driveways and private roads.

Specifically, the proposed city code changes define driveways as:

Driveway. A private right-of-way that affords vehicular access from a public or private street as defined herein to an abutting or adjacent property.

Attachment K
395
Section 11-11-13 establishes a minimum driveway width of 12 feet.

By comparison, Santa Barbara SBCFD Standard #1 defines driveways as:

1.2.7 Driveway: A private right-of-way that provides the principal means of vehicular access from a public right-of-way that serves no more than two residential parcels, no more than two dwelling units on either parcel, not including ADUs or JADUs, and any number of noncommercial or non-industrial accessory buildings.

SBCFD Standard #1 further specifies that “All driveways shall be constructed to provide a minimum of one (1) twelve-foot (12') traffic lane with sixteen feet (16') unobstructed horizontal clearance”. In addition, this SBCFD standard has several other requirements for driveways longer than 150 feet which are not addressed in the proposed city code 11-11-13.

These inconsistencies beg the question, what else is inconsistent and what other changes have not been fully analyzed for their impact.

An important omission is that the proposed city code wording does not differentiate between or have different requirements for private driveways and private roads. The SBCFD standards define and differentiate private driveways and private roads, both of which have different requirements.

Specifically, the SBCFD standard has the following definition:

1.2.14 Road, Street, Lane, Alley, Public or Private: A private or public road (not a driveway) used routinely for access into and out of an area for the public and for emergency equipment, inclusive of roadway structures, that provides access to:

1.2.14.1 More than two residential parcels.

1.2.14.2 Any industrial or commercial occupancy.

1.2.14.3 A single parcel with more than two dwelling units, not including ADUs.

1.2.14.4: All roadways shall require civil engineering design and installation certification.

I note that there are at least 5 properties in Solvang that have driveways of greater than 150 feet in length serving 2 or fewer residences. There are also many properties that have private roads serving more than two residences not a few of which are over 150 feet in length.

Having definitions and requirements in two different places maximizes the chances of conflicting language and confusion. The issue is made worse when the language in each code or standard is not the same. It seems to me that the definitions and code for the city and the SBCFD standards should be the same or perhaps; to avoid duplication and potential confusion over which code or standard has precedence, it might be better to simply refer to the SBCFD standards so they appear in only one place.

This is only one example where the proposed changes need further review and analysis before simply approving them on recommendation of staff. I identified another change that needs further review and analysis, read details below, and there are likely others... 396
Second example, on pages 8-11 the following are proposed changes to existing zones:
o Consolidate 10-R-1, DR-1.8 zones into an R-1 zone reflecting a low density zone. o Consolidate 7-R-1 and 8-R-1 and DR-7 zones into an R-2 zone reflecting the medium density zone. o Consolidate DR-8, DR-12, DR-16, and DR-20 into an R-3 zone reflecting high density residential.

Just looking at one of these, the proposed change from 7-R-1 and 8-R-1 to R2 is a huge consequential change that may (probably will) lead to redevelopment of single family residences to duplexes with increasing number of rentals thereby permanently changing the character of existing neighborhoods that are now owner occupied single family homes. The number of properties affected by this change is not provided in the proposal. Researching the General Plan update and the General Plan EIR for references to R2 or R-2 or Duplex did not reveal any recommendation of this change or any analyses or assessments of the impacts of this change, which may be significant.

Looking at the proposed map on page 378 it appears that the R2 change would affect somewhere around 250 to 300 (or more) parcels. There is no breakdown in how many of these properties can be converted to multifamily and no breakdown of how many could also have ADUs. In the limit and including possible ADUs, this zoning change appears that it could result in more than 600 additional residences. There is no discussion of the impacts associated with this zoning change and the resulting significant increase in residences to utilities, water use, sewar needs, traffic at intersections, schools, etc.

Even if the total additional residences were half of that it would be a significant impact worthy of analyses and review, which does not appear to exist (at least not in any for the documents available with the proposed changes presented for approval.

These proposed changes have not been adequately assessed by independent public review and comment. The consequences of these changes are, in the aggregate, going to make significant impacts that will be long lasting. Because of significant impact public review is necessary. It is imperative that the resident property owners have an opportunity and time to wade through all of these changes and decide if they are in the direction the city to go.

I note that diversifying housing can make the area appealing to a broader demographic, but increased noise and traffic along with the potential degradation in aesthetics and the increased strain on parking and other amenities can negatively impact the value of surrounding single-family homes. For these reasons, the property owners must be brought into the decision making process.

Some residents don’t want this zoning change to happen. ADUs being added to the neighborhoods are already going to bring more rentals into formerly single family neighborhoods. There will be more cars, more need for parking, risk of higher crime, and all the other issues that result from rental properties.

There are now studies that show the pros and cons of upzoning and some of the studies show all of the above negative impacts.

The recent California State laws already allow ADUs associated with each of the lots proposed for rezone to R2. If that interpretation is current, then some of these lots would be able to have 4 residential units where previously there was 1. The proposed zoning change will lead to significantly increased density of multifamily housing in former lower density single family neighborhoods. Most of these added units are 397
likely to become rental units.

It is noteworthy that the proposed code changes do include codes for ADUs or JADUs but importantly the city cannot require on-site parking for these units. The impact of ADUs and JADUs is already going to create parking needs since most residents need to commute and there is not a practical regional transit service to facilitate commuting. Therefore, there will be many more vehicles and the concomitant demand for parking, most likely on residential streets. Adding hundreds of duplexes to this is just going to create additional traffic and parking issues. Of course, there will also be more visitors and guests, where will they park? What happens when all the on street parking places are occupied by the residents?
Does Solvang really want to turn historically lower density single family owner occupied neighborhoods into higher density rental communities? That is what many beach cities have done and the negative impacts have been significant and will be long lasting. I know, I lived in duplex housing in Costa Mesa and Newport Beach and grew up watching and experiencing the build-out and build-in of Newport Beach, Costa Mesa, Huntington Beach, Hermosa Beach, Manhattan Beach and many other beach communities in the 1960’s through the 1970’s before I moved to Solvang. Parking has become a huge issue in those communities as well as other infrastructure and social issues produced by the significant increase in housing density and numbers of renters.

A significant shift to multi-family housing in historically single family neighborhoods will bring in more renters who are not owners. Renters tend to stay for a shorter time and, as a consequence, tend to not integrate into the fabric of the neighborhood or the city.

The homeowner residents of Solvang need to be a part of the discussion around this proposed zoning change as it has the potential to affect the not only the quality of the neighborhoods but also the value of the homes, particularly those that are not good candidates for duplex construction or adding ADUs.

With all due respect, I understand that the staff is tasked with creating specific plans to implement the General Plan recommendations and that involves a significant amount of work. Nothing I am saying diminishes their efforts to do a comprehensive and appropriate job. However, the staff is there to educate, explain purpose of their recommendations, answer questions, but not to dictate. Further, it is imperative that a trust but verify approach is followed to minimize the risk of omissions, mistakes or other errors that could result in significant impacts which could be long lasting and costly. Afterall, we are all human and are prone to making mistakes and omissions. Further, I think we all know that the larger and more complicated the changes the more likely that there will be omissions and errors as well as unintended consequences.

Therefore, it is imperative that these changes receive careful review. Rather than presenting all these changes in a mass of over 350 pages of details, which minimizes the ability for anyone understand them in even a couple of weeks, they are appropriately presented in smaller logical groups that facilitate the ability of the Council and the public to understand and assess what is being proposed.

I urge each of you to act to slow down the approval process of this massive set of changes and require a more detailed analysis of the consequences of these proposed changes rather than simply approving them in-mass without benefit of a better understanding of the impacts, both intended and, importantly, unintended.
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Respectfully,
Craig Kent
Solvang, CA 9346
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Government Code Section 65852.22 also defines a smaller type of ADU, known as a Junior Accessory Dwelling Unit (JADU), as a dwelling unit that is 500 square feet or less, has cooking facilities, and an entrance to the outside.

The main difference between JADUs and ADUs is that JADUs cannot require parking and do not require a personal, private bathroom for the dwelling unit. JADUs can have shared bathroom facilities, similar to an arrangement of a dormitory or single-room occupancy (SRO) residential building.

Accessory Dwelling Units and Junior Accessory Dwelling Units are intended to encourage more efficient use of residential zones where, because of the decrease in household size as a result of changing social patterns, existing housing resources are being underutilized. The intent is also to ensure a safe and attractive residential environment by promoting high standards of site development to preserve the integrity of single-family areas.

Solvang’s Zoning Ordinance does not reference ADUs nor JADUs, however it references second residential units, an anachronistic term for accessory dwelling units. A second residential unit is defined in Municipal Code Section 11-3-1 as an attached or detached dwelling unit, which provides complete, independent living facilities for one or more persons. Municipal Code Section 11-6A-2 states that second residential units are permitted in the R-1 and E-1 zoning districts. However, California State law requires accessory dwelling units to be allowed by-right (without discretionary review) in all zoning districts that allow single-family and multifamily residential uses. Program HE-H commits the City to codifying Accessory Dwelling Unit provisions within the Municipal Code that directly defer to California Government Code 65852.2. In the meantime, the City of Solvang actively encourages accessory dwelling units and junior accessory dwelling units and evaluates projects individually for compliance with State law.
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CITY COUNCIL STAFF REPORT
AGENDA ITEM 8.a
Meeting Date: November 25, 2024
SUBJECT: Discussion and Possible Action to Increase the Public Works Director Salary and Authorize Any Necessary Budget Adjustments
PREPARED BY: Wendy Berry, Director of Administrative Services DISCUSSION:

The Public Works Director position will be vacated on December 13, 2024 and staff will begin recruiting for the position once the salary range is determined. Staff had difficulty filling the Utility Director position, until City Council approved increasing the salary range in January 2024. The City’s benefit package is comparable to other agencies but the salary for this position is approximately 30% lower.

Staff recommends increasing the Public Works Director salary to the same as the current Utility Director salary from range 144 $10,197.20-$12,748.67 to range 152 $12,478.27-$15,166.67, an 18.9% increase.

Preliminary Comp & Class Study results show that the position is currently 30+% below comparable agencies.

Staff will return with the final results of the Compensation & Classification Study in the near future.

ALTERNATIVES:

Determine a different salary increase amount
FISCAL IMPACT:

Budget adjustment will be required for the increased salary ATTACHMENTS:

A. Unrepresented Salary Range
B. Public Works Director Job Description
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UNREPRESENTED EMPLOYEES
Fiscal Year 2024-2025
Effective 08-01-2023
Position Range Step 1 Step 2 Step 3 Step 4 Step 5 Step 1 Step 2 Step 3 Step 4 Step 5 Community Services Officer (PT) 105 22.97$ 24.43$ 25.88$ 27.30$ 28.71$ $ 3,981.47 $ 4,234.53 $ 4,485.87 $ 4,732.00 $ 4,976.40 HR Specialist 114 28.08$ 29.84$ 31.56$ 33.33$ 35.06$ $ 4,867.20 $ 5,172.27 $ 5,470.40 $ 5,777.20 $ 6,077.07 Marketing and Events Manager 129 40.63$ 43.21$ 45.73$ 48.26$ 50.81$ $ 7,042.53 $ 7,489.73 $ 7,926.53 $ 8,365.07 $ 8,807.07 131 42.67$ 45.35$ 48.02$ 50.69$ 53.34$ $ 7,396.13 $ 7,860.67 $ 8,323.47 $ 8,786.27 $ 9,245.60 132 43.76$ 46.48$ 49.22$ 51.99$ 54.69$ $ 7,585.07 $ 8,056.53 $ 8,531.47 $ 9,011.60 $ 9,479.60 133 44.82$ 47.63$ 50.47$ 53.27$ 56.06$ $ 7,768.80 $ 8,255.87 $ 8,748.13 $ 9,233.47 $ 9,717.07 Management Analyst 134 45.96$ 48.85$ 51.71$ 54.58$ 57.44$ $ 7,966.40 $ 8,467.33 $ 8,963.07 $ 9,460.53 $ 9,956.27 Human Resources Manager 134 45.96$ 48.85$ 51.71$ 54.58$ 57.44$ $ 7,966.40 $ 8,467.33 $ 8,963.07 $ 9,460.53 $ 9,956.27 135 $ 50.09$ 53.00$ 55.93$ 58.85$ 47.11 $ 8,165.73 $ 8,682.27 $ 9,186.67 $ 9,694.53 $ 10,200.67 136 48.28$ 51.33$ 54.36$ 57.34$ 60.38$ $ 8,368.53 $ 8,897.20 $ 9,422.40 $ 9,938.93 $ 10,465.87 137 49.52$ 52.61$ 55.70$ 58.79$ 61.88$ $ 8,583.47 $ 9,119.07 $ 9,654.67 $ 10,190.27 $ 10,725.87 138 50.76$ 53.89$ 57.06$ 60.26$ 63.43$ $ 8,798.40 $ 9,340.93 $ 9,890.40 $ 10,445.07 $ 10,994.53 139 52.04$ 55.27$ 58.50$ 61.76$ 65.02$ $ 9,020.27 $ 9,580.13 $ 10,140.00 $ 10,705.07 $ 11,270.13 140 53.31$ 56.62$ 59.95$ 63.28$ 66.58$ $ 9,240.40 $ 9,814.13 $ 10,391.33 $ 10,968.53 $ 11,540.53 Park & Rec Director 140 53.31$ 56.62$ 59.95$ 63.28$ 66.58$ $ 9,240.40 $ 9,814.13 $ 10,391.33 $ 10,968.53 $ 11,540.53 141 54.59$ 58.01$ 61.47$ 64.83$ 68.27$ $ 9,462.27 $ 10,055.07 $ 10,654.80 $ 11,237.20 $ 11,833.47 Planning Manager 142 55.99$ 59.47$ 62.98$ 66.48$ 69.98$ $ 9,704.93 $ 10,308.13 $ 10,916.53 $ 11,523.20 $ 12,129.87 City Clerk 142 55.99$ 59.47$ 62.98$ 66.48$ 69.98$ $ 9,704.93 $ 10,308.13 $ 10,916.53 $ 11,523.20 $ 12,129.87 143 57.36$ 60.98$ 64.55$ 68.16$ 71.73$ $ 9,942.40 $ 10,569.87 $ 11,188.67 $ 11,814.40 $ 12,433.20 Administrative Services Director 144 58.83$ 62.50$ 66.19$ 69.87$ 73.55$ $ 10,197.20 $ 10,833.33 $ 11,472.93 $ 12,110.80 $ 12,748.67Planning Director 144 58.83$ 62.50$ 66.19$ 69.87$ 73.55$ $ 10,197.20 $ 10,833.33 $ 11,472.93 $ 12,110.80 $ 12,748.67Public Works Director/City Engineer 144 58.83$ 62.50$ 66.19$ 69.87$ 73.55$ $ 10,197.20 $ 10,833.33 $ 11,472.93 $ 12,110.80 $ 12,748.67 144 58.83$ 62.50$ 66.19$ 69.87$ 73.55$ $ 10,197.20 $ 10,833.33 $ 11,472.93 $ 12,110.80 $ 12,748.67145 60.28$ 64.04$ 67.84$ 71.61$ 75.41$ $ 10,448.53 $ 11,100.27 $ 11,758.93 $ 12,412.40 $ 13,071.07151 68.00$ 72.23$ 76.48$ 80.74$ 85.01$ $ 11,786.67 $ 12,519.87 $ 13,256.53 $ 13,994.93 $ 14,735.07 Utility Director 152 71.99$ 75.59$ 79.37$ 83.33$ 87.50$ 12,478.27 $ $ 13,102.27 $ 13,757.47 $ 14,443.87 $ 15,166.67Public Works Director/City Engineer 152 71.99$ 75.59$ 79.37$ 83.33$ 87.50$ 12,478.27 $ $ 13,102.27 $ 13,757.47 $ 14,443.87 $ 15,166.67Special Advisor 152 71.99$ 75.59$ 79.37$ 83.33$ 87.50$ 12,478.27 $ $ 13,102.27 $ 13,757.47 $ 14,443.87 $ 15,166.67City Manager 1001 -$ -$ -$ -$ 95.00$ -$ -$ -$ -$ $ 16,467.36 2024-2025 Hourly 2024-2025 Monthly
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CITY OF SOLVANG

JOB DESCRIPTION

PUBLIC WORKS DIRECTOR/CITY ENGINEER
This is not an individualized job description. It defines the general character and scope of responsibilities. It is not intended to describe and does not necessarily list every duty for a given position.

DEFINITION
The Public Works Director is a professional in the operations of the Public Works Department who plans, organizes, and directs the Public Works Department, including, water, wastewater, streets, storm drains, solid waste, parking lots, and capital improvement projects. The Director also works with various boards and commissions on public works issues and works to resolve employee related issues.

LICENSE REQUIRED
Possession of a valid and appropriate California driver's license is required.

Registration as a professional civil engineer in the State of California is not required but highly desirable. Should the applicant be registered in another state, ability to obtain a California license within one year of appointment is required.

EXAMPLES OF DUTIES
• Directs various public works activities, street trees and planters, water - production, treatment, storage and distribution, wastewater collection and treatment, solid waste collection and disposal, street maintenance operations, parking lot maintenance operations. • Conducts studies involving functions of the department, programs, practices and procedures, financial resources, staffing and requirements for new programs. • Selects, adapts and applies appropriate research and statistical techniques to specific areas of study.
• Collects, complies, describes, organizes, analyzes, interprets and presents data and information related to matters under study.
• Determines sources of data and information.
• Organizes data and information in such form that analysis is facilitated and their significance may be appreciated.
• Represents the department and City at various meetings. • Performs other related duties as assigned.

ESSENTIAL FUNCTIONS
• Meets the physical requirements necessary to safely and effectively perform required duties. • Knowledge of administrative principals and methods, including goal setting, program development, scheduling and implementation, budget preparation and administration and employee supervision and evaluations, including discipline or discharge of employees. • Familiarity with and background in the operation of public works facilities, infrastructure inspection and water and sewer systems.
• Knowledge of principles and practices of contract administration. • Ability to Apply state and federal laws and regulations. • Knowledge of public administration principles as related to the activities and functions of a municipal government.
• Planning, organizing, assigning, directing, reviewing and evaluating comprehensive public works field activities.
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• Selecting, training, motivating, and evaluating staff. Developing, implementing and interpreting policies, procedures, goals, objectives and work standards. • Analyzing complex problems, evaluating alternatives and making creative recommendations. • Exercising sound independent judgement within general policy guidelines. • Establish and maintain effective working relationships with those contacted in the course of the work.
• Representing the City effectively in meetings with others. Preparing clear, concise and competent reports, correspondence and other written materials.

PHYSICAL DEMANDS
The conditions herein are representative of those that must be met by an employee to successfully perform the essential functions of the job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.

PHYSICAL REQUIREMENTS
Strength: Medium – Exert force to 50 pounds occasionally or 25 pounds frequently, or negligible force to 25 pounds constantly to lift, carry, push, pull, or move objects, Frequently stand or walk or sit; fingering, typing. Occasionally bend, stoop, crouch, kneel, handle, grip, grasp, extend neck upward, downward or side-to-side. Rarely crawl climb, reach, push/pull, twist at the waist.

Vision: visual acuity sufficient to perform the essential functions of the position; average depth perception needed.

Hearing: Hearing ability to effectively hear and comprehend oral instructions and communication.

ENVIRONMENTAL CONDITIONS
Some exposure to water, chemicals, hazardous materials, noise; May work at heights, in confined spaces, and in inclement weather ; Works indoors and outdoors; frequently uses a computer; Occasional exposure to dust

EDUCATION AND EXPERIENCE
Bachelor’s Degree in civil engineering or related field is highly desirable. A minimum five years of progressively responsible experience in municipal engineering and public works administration with at least two years in a management capacity, or any equivalent combination of training and experience which provides the required skills, knowledge and abilities.

This is to acknowledge that I have received a copy of this job description and understand its contents. ___________________________________ ______________________ Employee Signature Date
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Solvang City CouncilNovember 25, 2024

Solvang City Council
November 25, 2024