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Agenda

Solvang City Council
December 9, 2024

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Agenda
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December 9, 2024
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Solvang City Council
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Text extracted from the city's file for reading and search. Open the original on www.cityofsolvang.com. That file is the official record.

Agenda 2024-12-09 CC
AGENDA

SOLVANG CITY COUNCIL
MONDAY DECEMBER 9, 2024
6:30 PM REGULAR AND ADJOURNED REGULAR MEETING
City Council: 1644 Oak Street, Solvang, Ca 93463
Mark Infanti, Mayor Virtual & in Council Chamber
David Brown Mayor pro tem, District 3
Elizabeth Orona District 4
Robert Clarke at-large
Claudia Orona at-large
PARTICIPATING IN THE MEETING -City Council meetings will be in person and conducted by video/teleconferencing through Zoom. The meeting will also be broadcast live on Channel 23 and streamed on the City’s website, Vimeo, and YouTube https://www.youtube.com/@CityofSolvang1/ • To join by Zoom, visit https://zoom.us/j/3066529195. If you wish to speak, please use the “raised hand” symbol.
• To join by phone, call (888) 788-0099 and enter Meeting ID: 306 652 9195#. The phone line will be open 30 minutes before the meeting.
6:30 PM REGULAR MEETING

CALL TO ORDER

ROLL CALL

PLEDGE OF ALLEGIANCE
0BAGENDA AND SUPPORTING MATERIALS – Available for viewing 8:00a.m.-5:00p.m. at City Hall, 1644 Oak Street, Solvang, and on the City’s website https://www.cityofsolvang.com/agendacenter. Additional writings distributed to a majority of the City Council after the posting of the agenda will be made available at City Hall and on the City’s website.
1BAGENDA POSTING NOTIFICATION - Subscribe to receive email or text message notifications when agendas are posted online through “Notify Me” at: https://www.cityofsolvang.com/List.aspx 2BPUBLIC COMMENT - The public is encouraged to address the City Council in-person, virtually, or in-writing on agenda and non-agenda items. If provided in writing, comments must be submitted to the City Clerk at [email protected] by 5:00 p.m. on the Friday before the meeting to be considered. Your comment will be recorded and distributed appropriately. Comments on agenda items will be heard at the time each item is considered, including non-agenda items. In-person speakers will be invited to make public comments first.

Virtual speakers will follow.

CAMPAIGN CONTRIBUTION DISCLOSURE - Pursuant to Government Code Section 84308, any party to a City proceeding must disclose on the record any campaign contributions made to a member of the City Council [or commission] in excess of $250 in the past 12 months. This disclosure requirement includes contributions by the party’s agent and aggregated contributions from persons or entities related to the party. Please make the disclosure as soon as possible, but not later than the beginning of the proceeding. 3BAMERICANS WITH DISABILITIES ACT - If, as a participant of this meeting, you need special assistance the City will attempt to accommodate you in every reasonable manner. Please contact the City Clerk at either (805) 688-5575 x206 or [email protected]. 72- hours’ notice is requested. 4BLET YOUR VOICE BE HEARD! Do you have about one minute a month to help make Solvang better? The City of Solvang is working with FlashVote to engage the community and gather valuable input from residents to inform our decisions. We encourage residents to sign up at www.flashvote.com/Solvang or call 775-235-2240 to participate by phone or text only.

Agenda 2024-12-09 CC

1. PROCLAMATIONS, COMMENDATIONS AND CEREMONIAL ITEMS
None

2. PRESENTATIONS
None

3. PUBLIC COMMUNICATIONS – NON- AGENDA AND CONSENT ITEMS This section is intended to provide members of the public with the opportunity to address the Council on items not on the Agenda and on Consent. This section is limited to 30 minutes. Each speaker will be afforded three minutes and may speak only once. State law does not allow the Council to discuss or act on issues not on the agenda, except to briefly respond or ask Staff to follow up on such items.

4. CITY MANAGER REPORT
Informational Report

5. GC SECTION 53232.3(d) (aka AB 1234) and GC SECTION 84308 (aka SB 1439) REPORT OUT,

COUNCIL COMMENTS, REQUESTS
Reports of meetings attended, contributions made or received, and Comments and requests from City Council Members.

6. CONSENT ITEMS
Consent is designed for routine; administrative city matters and is approved by roll call vote with one motion.

These items are discussed only at the request of council members. Members of the public were afforded an opportunity to speak on Consent items during the Public Communications portion of this agenda. a. Approve Order of Agenda as Presented.
b. Approve City Council Minutes: November 25, 2024
c. Receive and file Visit SYV 2nd quarter report
d. Adopt Resolution No. 24-1274, a Resolution of the City Council of the City of Solvang California Reciting the Facts of the General Municipal Election held on November 5, 2024, and Declaring the result and such other matters as provided by law; and Declare the Vote of the People to Adopt by Title only Ordinance No. 24-379, an Ordinance of the People of the City of Solvang, California Amending Section 3-2-2 of the Solvang Municipal Code to Continue and Modify the Transient Occupancy Tax Rate from 12 Percent to 14 Percent and Make a Determination of Exemption under the California Environmental Quality Act. e. Receive and file SR 154 and Roblar Avenue Intersection Safety Concerns letter

7. PUBLIC HEARINGS
None

8. DISCUSSION ITEMS:
a. Discussion and Possible action to:

Adopt by title only, Ordinance No. 24-376 rezoning APN 137-290-013, 012, 022, 024, 029, and 137-310-001 from Recreational (REC) to Open Space (OS) and Amend the official Zoning Map of the City of Solvang to reflect the same. For second reading Adopt by Title Only, Ordinance No. 24-377 Creating the Village Design District Overlay Zone (DD-1);Rezoning the Tourist Commercial (TRC) Zone to Village Mixed-use (VMU); Rezoning the Institutional (I) Zone to Public/Institutional (PI); Rezoning APN 139-300-001 (Creekside Open space) from Recreational (REC) to Open space (OS); Rezoning APN 139-181-014 5 10
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(Solvang Park) from Recreational (REC) to Parks (P); Rezoning APN 139-181-061 (parking lot across from Solvang Park), APN 139-173-018 (parking lot between Mission Street and Copenhagen Drive), APN 139-174-040 and APN 139-174-042 (Oak Street parking lot), and APN 139-191-008 (annex building) from Tourist Commercial (TRC) to Public/Institutional (PI); and Amending the official Zoning Map and Title 11 (Zoning Ordinance) of the Solvang Municipal Code to reflect the same. For second reading
Adopt by Title Only, Ordinance No.24-378 of the City Council of the City of Solvang California Repealing and Replacing Title 11 (Zoning Regulations) of the Solvang Municipal Code and the Official Zoning Map of the City of Solvang. For second reading.

9. COUNCIL CLOSING COMMENTS

10. ADJOURNMENT
Adjourned to an Adjourned Regular Meeting of the City Council on December 9, 2024 immediately after Reception
Reception in City Hall Chamber will follow as a Thank You for your Services to outgoing members.

OPEN SESSION – ADJOURNED REGULAR MEETING

PRESENTATIONS
Presentation of Certificate of Election and administering of Oath of Office to Mayor-Elect David Brown, and Council Members-Elect Mark Infanti, District 1 and Claudia Orona District 2.

CALL TO ORDER

ROLL CALL
City Council:

David Brown, Mayor
Mark Infanti District 1
Claudia Orona District 2
Vacant District 3
Elizabeth Orona District 4

PLEDGE OF ALLEGIANCE

1. PROCLAMATIONS, COMMENDATIONS AND CEREMONIAL ITEMS
a. Carey McKinnon, Senior Library Technician Retiree

2. PUBLIC COMMUNICATIONS – NON- AGENDA AND CONSENT ITEMS This section is intended to provide members of the public with the opportunity to address the Council on items not on the Agenda and on Consent. This section is limited to 30 minutes. Each speaker will be afforded three minutes and may speak only once. State law does not allow the Council to discuss or act on issues not on the agenda, except to briefly respond or ask Staff to follow up on such items.

3. CITY MANAGER REPORT AND ADVANCE CALENDAR
Informational Report

4. GC SECTION 53232.3(d) (aka AB 1234) and GC SECTION 84308 (aka SB 1439) REPORT OUT,

COUNCIL COMMENTS, REQUESTS
Reports of meetings attended, contributions made or received, and Comments and requests from City Council Members.
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Agenda 2024-12-09 CC

5. CONSENT ITEMS
Consent is designed for routine; administrative city matters and is approved by roll call vote with one motion.

These items are discussed only at the request of council members. Members of the public were afforded an opportunity to speak on Consent items during the Public Communications portion of this agenda. a. Approve Order of Agenda as Presented.
b. Approve amendment 2 to the agreement with SaberDome Corporation dba Lanspeed for IT services for an additional amount not to exceed $34,205, for a total contract amount not to exceed $219,541, and to extend the term to June 30, 2025, and authorize the Mayor to execute on behalf of the City.
c. Approve Amendment 1 to the Agreement with Brightview Landscape Services for Landscape Maintenance Services for Solvang Mesa for the additional amount of $22,146, for a total agreement amount not to exceed $577,285.58, and to extend the term to March 31, 2025, and authorize the Mayor to execute on behalf of the City.
d. Approve a Memorandum of Understanding between the Cities of Lompoc, Buellton, Solvang and the County of Santa Barbara for the operation and shared funding of the inter-agency transit service for the amount not to exceed $20,000, for a total contract amount not to exceed $100,000., for the term July 1, 2024 – June 30, 2029 and authorize the Mayor to execute on behalf of the City.
e. Approve Amendment 1 to the agreement with Cannon Corporation for Wastewater Treatment Facility Manual and Adaption Plan Services to extend the term to June 30, 2025, and authorize the Mayor to execute on behalf of the City.
f. Approve 2025 City Council meeting calendar.

6. PUBLIC HEARINGS
None

7. DISCUSSION ITEMS:
a. Discussion and possible action regarding:
i. Designation of Mayor pro tem for 2025
ii. Establishing council seating arrangements.
iii. Councilmember appointments to Outside Agency Boards and Committees

8. COUNCIL CLOSING COMMENTS

9. ADJOURNMENT

AFFIDAVIT OF POSTING
I, Annamarie Porter, City Clerk for the City of Solvang, California, DO HEREBY CERTIFY under penalty of perjury under the laws of the State of California, that the foregoing revised notice was posted at the City of Solvang City Hall bulletin board at 1644 Oak Street, Solvang, CA and on the City of Solvang website not less than 72 hours prior to the meeting, per Government Code 54954.2.

Dated this 5th day of December 2024.
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Special Closed Session – 5:30 PM
Regular Meeting – 6:30 PM
5:30 PM SPECIAL CLOSED SESSION

CALL TO ORDER
Mayor Infanti called the Special Closed Session meeting to order at 5:34 p.m. in the City Hall Council Chamber, 1644 Oak Street, Solvang, California.

ROLL CALL

Present: Mayor Mark Infanti, Mayor pro tem David Brown, Councilmembers Robert Clarke, Elizabeth Orona and Claudia Orona

Staff: City Manager Randy Murphy, Planning Manager Rafael Castillo, City Attorney Chelsea O’Sullivan, Administrative Services Director Wendy Berry

PLEDGE OF ALLEGIANCE
Mayor Infanti led in the Pledge of Allegiance.

1. PUBLIC COMMUNICATIONS ON CLOSED SESSION ONLY - None

2. RECESS TO CLOSED SESSION
a. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION – Significant exposure to litigation pursuant to Gov. Code Section 54956.9(d)(2) One potential case Mayor Infanti adjourned to Closed Session at 5:35 p.m.

RECONVENE TO OPEN SESSION
Mayor Infanti reconvened to Open Session at 6:19 p.m.

3. ANNOUNCEMENT OF CLOSED SESSION ACTIONS
City Attorney O’Sullivan announced there was no reportable action taken during Closed Session.

ADJOURNMENT
Mayor Infanti adjourned the Closed Session at 6:20 p.m. 6:30 PM REGULAR MEETING

CALL TO ORDER
Mayor Infanti called the Regular meeting to order at 6:30 p.m. in the City Hall Council Chamber, 1644 Oak Street, Solvang, California.

MINUTES

SOLVANG CITY COUNCIL
Monday, November 25, 2024
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ROLL CALL

Present: Mayor Mark Infanti, Mayor pro tem David Brown, Councilmembers Robert Clarke, Elizabeth Orona and Claudia Orona
Staff: City Manager Randy Murphy, City Attorney Chelsea O’Sullivan, City Clerk Annamarie Porter

PLEDGE OF ALLEGIANCE
Mayor Infanti led in the Pledge of Allegiance.

1. PROCLAMATIONS, COMMENDATIONS AND CEREMONIAL ITEMS - None

2. PRESENTATIONS - None

3. PUBLIC COMMUNICATIONS – NON-AGENDA AND CONSENT ITEMS Mayor Infanti invited public comments.

Ed Skytt
Al Cortese
Dr. Matthews

4. CITY MANAGER REPORT AND ADVANCE CALENDAR
Manager Murphy addressed the vacancy in District 3 seat for Council, openings for the Planning Commission and DRC, as well as two seats available on the Measure U Committee, all to be filled by the January 13 meeting and shared an email he received from the County Office of Emergency Management which advised people to not swim due to recent storms and runoff.

5. GC SECTION 53232.3(d) (aka AB 1234) and GC SECTION 84308 (aka SB 1439) REPORT OUT,

COUNCIL COMMENTS, REQUESTS
Mayor pro tem Brown reporting attending the SBCAG meeting with Mayor Infanti; shared the Rotary Club’s recent event educating the community about Human Trafficking.

6. CONSENT ITEMS
a. Approve Order of Agenda as Presented.
b. Approve City Council Minutes: November 12, 2024
c. Receive and File SBC Sheriff Statistics Report
d. Approve Residential Disconnect Water Policy and Adjustment to Water Charges due to a Leak procedures.
e. Receive and File VisitSYV 1st Quarter Report 2024
f. This item was pulled from Consent by Councilmember Elizabeth Orona for separate consideration.

Motion by Councilmember Elizabeth Orona to approve Consent Items, pulling Item No. 6.f for separate consideration, seconded by Councilmember Claudia Orona and carried, 5-0.

ITEMS PULLED FROM CONSENT
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f. Approve Amendment 1 to the Agreement with California Consulting for Grant research & writing services for the additional amount of $55,200, for a total contract amount not to exceed $108,600, and to extend the term to December 31, 2025, and authorize the Mayor to execute on behalf of the City.

City Manager Murphy provided an update on the reasons why the City has not been awarded grants, including that Solvang is not a disadvantaged community; mentioned this year was about “priming” and noted staff is currently talking to the firm about various grant opportunities.

Discussion followed on obtaining funding and grant eligibility.

Councilmember Elizabeth Orona proposed instead of paying for a year’s extension, it should be a month-to-month contract and to have an analysis done on how many grants Solvang is eligible for and the probabilities of obtaining them.

City Attorney O’Sullivan clarified the City has the ability to terminate the contract at any time with 30 days’ notice.

Motion by Councilmember Elizabeth Orona to approve Amendment 1 to the Agreement with California Consulting for Grant research & writing services for the additional amount of $55,200, for a total contract amount not to exceed $108,600, and to extend the term to December 31, 2025, and authorize the Mayor to execute on behalf of the City with the stipulation that an assessment is done and reported back to Council, seconded by Mayor pro tem Brown and carried, 5-0.

7. PUBLIC HEARINGS
a. Public Hearing to Consider:

1. Adopt Resolution No. 24-1272 adopting an Addendum to the FEIR Solvang Comprehensive General Plan Update and Rezoning (SCH#2023060448) analyzing the following actions; and

2. Adopt Resolution No. 24-1273 Amending the General Plan Land Use Map and Land Use Element for consistency with the Zoning Regulations; and

3. Introduce for 1st Reading, by title only, Ordinance No. 24-376 rezoning APN 137-290-013, 012, 022, 024, 029, and 137-310-001 from Recreational (REC) to Open Space (OS) and Amend the official Zoning Map of the City of Solvang to reflect the same.

4. Introduce for 1st reading, by Title Only, Ordinance No. 24-377 Creating the Village Design District Overlay Zone (DD-1);Rezoning the Tourist Commercial (TRC) Zone to Village Mixed Use (VMU); Rezoning the Institutional (I) Zone to Public/Institutional (PI); Rezoning APN 139- 300-001 (Creekside Open space) from Recreational (REC) to Open space (OS); Rezoning APN 139-181- 014 (Solvang Park) from Recreational (REC) to Parks (P); Rezoning APN 139- 181-061 (parking lot across from Solvang Park), APN 139-173-018 (parking lot between Mission Street and Copenhagen Drive), APN 139-174-040 and APN 139-174-042 (Oak Street parking lot), and APN 139-191-008 (annex building) from Tourist Commercial (TRC) to Public/Institutional (PI); and Amending the official Zoning Map and Title 11 (Zoning Ordinance) of the Solvang Municipal Code to reflect the same.

5. Introduce for 1st reading, by Title Only, Ordinance No.24-378 of the City Council of the City of Solvang California Repealing and Replacing Title 11 (Zoning Regulations) of the Solvang Municipal Code and the Official Zoning Map of the City of Solvang.

Mayor Infanti opened the public hearing.

Councilmembers Clarke and Elizabeth Orona and Mayor Infanti stated they have received emails and 7 M 2024-11-25 CC 4
phone calls regarding zoning issues.

City Attorney O’Sullivan instructed Council on how to proceed to allow recusal by Councilmembers where there may be conflicts of interest.

Planning Manager Castillo narrated a PowerPoint presentation.

Discussion followed on the use of the design guidebook, exceptions for certain uses, tiny homes, and entitlement expiration.

Mayor Infanti invited Public Comments
Dr. Matthews
Brian Carrillo
Aaron Peterson
Al Cortese
Ed Skitt
Esther Jacobsen Bates
Jordan
Craig Kent, via Zoom
There were no other public comments on this item.

Planning Manger Castillo clarified the Design District Overlays in D1 and D2.

City Attorney O’Sullivan explained why it is imperative to pass a plan.

Mayor Infanti closed Public Hearing.

Regarding Resolution No. 24-1272, Ordinance No. 24-376, Councilmember Elizabeth Orona declared she resides within 500 feet of the zone change in questions and has unresolved conflicts; recused herself and left the Chamber.

Regarding Resolution No. 24-1272, Ordinance No. 24-377, Councilmember Claudia Orona declared she has property within 1000 feet of the zone change in question and has unresolved conflicts; recused herself and left the Chamber.

Motion by Mayor Infanti, seconded by Councilmember Clarke, to approve item 7.a.1, and carried 3-0 vote. Councilmembers Elizabeth and Claudia Orona absent.

Motion by Councilmember Clarke, seconded by Mayor pro tem Brown to adopt resolution 24-1273, and carried 3-0. Councilmembers Elizabeth and Claudio Orona absent.

City Attorney O’Sullivan flipped a coin to determine that Ordinance No. 24-377 was next to be reviewed.

Motion by Councilmember Clarke, seconded by Mayor pro tem Brown, to introduce Ordinance No. 24- 377 for first reading, and carried 2-1,. Mayor Infanti opposed, and Councilmembers Elizabeth and Claudia Orona absent.

Councilmember Claudia Orona returned to the Chamber and took her place in the dais.

Motion by Councilmember Clarke, seconded by Councilmember Claudia Orona, to introduce for first reading Ordinance No. 24-376, and carried 4-0. Councilmember Elizabeth Orona absent.

Councilmember Elizabeth Orona returned to the Chamber and took her place on the dais. 8 M 2024-11-25 CC 5
Motion by Councilmember Clarke, seconded by Mayor pro tem Brown, to introduce Ordinance No.24- 378 for first reading, and carried 4-1. Councilmember Elizabeth Orona was against.

8. DISCUSSION ITEMS
a. Discussion and Possible Action to Increase the Public Works Director Salary and Authorize any necessary Budget Adjustments.

Motion by Mayor pro tem Brown to approve to increase the salary range for the Utility Director and make the necessary budget adjustments, seconded by Mayor Infanti, and carried 3-2. Councilmembers Clarke and Elizabeth Orona opposed.

9. COUNCIL CLOSING COMMENTS- None

10. ADJOURNMENT – 9:33 p.m.

The meeting was adjourned at 9:33 p.m.

Respectfully submitted:

Annamarie Porter, CMC, City Clerk
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2nd Quarter 2024 Report of the Santa Ynez Valley Hotel Association (dba Visit the Santa Ynez Valley) – Submitted 11/27/24
VisitSYV is reporting activity since the 1st quarter 2024. This report is submitted to the City of Solvang, the City of Buellton, and the Santa Barbara County Board of Supervisors in accordance with the fulfillment of the provisions of the SYVTBID.

Financial
Beginning balance on April 1
st, 2024: $549,931
Q2 Income
TBID Funding received 4/1/23 through 6/30/24: $236,958
Membership income: $2,125
County Marketing Grant: $6,942
IPW Reimbursement: $817
Other types of income: $27,700
Total Income received 2nd quarter: $274,542
Expenses
Advertising/Marketing: $118,055
Travel & Conventions: $74,194
Special Projects/Grants: $25,915
Personnel Costs: $104,397
Contract Services: $35,403
Facilities/Equipment: $3,262
Operations: $6,033
Other Types of Expenses: $342
Total Expenses 2
nd Quarter: $367,601
Ending Balance as of June 30, 2024: $456,872
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Membership
We receive TBID funding from 37 lodging properties and currently have 226 total members, including those that pay a basic membership fee of $250, a nonprofit fee of $125, and trade members where services are traded for membership such as wine, catering, and photography.

Marketing (April 1, 2024 – June 30, 2024)
Santa Ynez Valley Marketing Campaign
DVA Advertising & PR Agency remains contracted as our advertising and public relations agency of record.

VisitSYV supplements the annual campaign with additional programs. Second quarter marketing results are detailed below.

Creative
VisitSYV continued the Perfectly campaign in 2024. It continues to share space with content-forward Facebook and native ads. The Perfectly campaign centers around the idea that everyone’s idea of the perfect getaway isn’t the same. Some people are happy to sip a glass of pinot by the pool while others would rather put down some miles on the nearest hiking trail. Sometimes both. But when you spend time in the Santa Ynez Valley, you’re sure to find your perfect escape. The perfect getaway does exist, and it’s Perfectly SYV.

In April 2024, VisitSYV worked with OutWest Digital on a two-day intensive production, capturing new video and photography to be used in future digital promotions and b-roll media requests. A sizzle reel resulting from that shoot can be viewed HERE.

Targeting
In Q2, we continued to target drive markets (Greater Los Angeles, Greater Bay Area, Palm Springs, San Bernadino, San Luis Obispo, Bakersfield) and select direct flight markets (Phoenix, Denver, Las Vegas). On Meta, we are targeting lookalike audiences of people based on past web visitors and people who clicked to book on the site. We don’t set strict targeting parameters on these audiences, as we want to give Meta more freedom in finding the best performing users. Programmatic is using similar audiences based on people that have traveled to SYV (using Adara data).
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Digital Key Takeaways
Overall Q2 web traffic was up 17.5% year-over-year. The programmatic campaign ended April 30, but with a 6- week attribution window, we are still seeing additional results. May saw an additional 547 travelers, increasing the ROAS to 15.8x.

Google Search
Search is still outperforming Travel & Hospitality performance cost benchmarks from Wordstream. CPC is 55% lower than last year.

Benchmark CTR: 4.68%
Benchmark CPC: $1.53
Impressions: 555,106
Clicks: 18,295
CTR: 3.30%
CPC: $0.49
Paid Facebook - Out-of-state
CPC is 38.3% stronger than Q2 2023.

Impressions: 763,982
Link Clicks: 12,119
CTR: 1.59%
CPC: $0.50
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Paid Facebook - In-state
CPC is 41.7% stronger than last year for in-state.

Impressions: 789,971
Link Clicks: 16,526
CTR: 2.09%
CPC: $0.35
Paid Facebook - Retargeting
Retargeting CPC is down from $1.82 last year.

Impressions: 155,169
Link Clicks: 3,862
CTR: 2.49
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Paid Facebook - Taste of the SYV
CPC was $0.22 last year, so $0.29 is strong, especially for more of a soft launch.

Impressions: 120,708
Link Clicks: 1,972
CTR: 1.63%
CPC: $0.29
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Programmatic - Native Display
StackAdapt does see a higher CPC, but it has the strongest CPM and reaches the most people out of any of our channels, thus is a great brand awareness tool.

Impressions: 6,938,393
Link Clicks: 13,288
CTR: 0.19%
CPC: $2.41
CPM: $4.61
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Programmatic – Display Retargeting
Impressions: 1,877,844
Link Clicks: 3,381
CTR: 0.18%
CPC: $3.85
CPM: $6.92
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Programmatic - CTV
CTV still beats the cost of YouTube campaigns, which had a cost-per-view of ~$0.05.

Impressions: 1,251,527
Views: 872,952
Cost per view: $0.02
View Rate: 76.9%
CPM: $15.98
Programmatic - StackAdapt Attribution/Geo-Conquesting Campaigns Through a partnership with StackAdapt, Adara, and PlacerIQ, we’re able to report on programmatic advertising attribution.

Report Dates: July 1 to April 30
Media Costs: $65,000
Impressions Served: 10,067,696
Campaign Attribution Visits: 22,514
Campaign Unique Visits: 5,189
The Return On Ad (ROAS) Spend was 15.8 to 1.

Confirmed Flights Booked: 61
Confirmed Hotel Stays: 38
Confirmed Travelers: 5,189
Economic Impact (Combined Destination & Hotel): $1,011,855 17 9 | P a g e
Website Key Takeaways
In Q2, VisitSYV.com received 155,457 pageviews from 79,396 visitors. The site has also 6,240 clicks to book for VisitSYV lodging properties. The most popular pages on the site were as follows: (1) Homepage (2) Wine Tasting (3) Top 10 Things to Do.
*Clicks to book includes clicks off the lodging page, Book Direct booking bar searches, and clicks to the Book Direct lodging page from the advertising campaign landing pages.

Clicks to Book
In June, Book Your Stay clicks from lodging pages were up 2.9%, year-over-year.

BookDirect Searches: 3,506 booking searches
Book Your Stay Outbound Clicks: 2,734 booking searches
@VisitSYV Social Media Stats
• Facebook audience: 20,743 followers
• Instagram audience: 16,546 followers
Verdin Marketing
VisitSYV continues to work with Central Coast based marketing agency Verdin Marketing. Under VisitSYV’s guidance and marketing pillars, Verdin curates and schedules organic social media content utilizing a combination of VisitSYV assets and user generated content.

Public Relations
Editorial value for Q2 ended up at $1,268,410, an 88% quarter-over-quarter increase from 2023. June earned media included 104 stories or mentions, with a conservative value of $491k. This represents an increase of 87% YoY, and the highest value for the month of June. Year-to-date earned media value is now up 26% YoY at just over $2.38m. PR efforts for Q2 focused on proactive media outreach, media visit coordination, press releases, and content submissions.

Total number of stories mentioning the Santa Ynez Valley in Q2: 232 Total circulation of editorial coverage for Q2 = 2.67b
Total value of public relations media coverage for Q2 = $1.26m *PR value is calculated by multiplying the advertising rate times the size of the story, and then doubling that number to reflect the added value of editorial coverage
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Q2 Press Releases & Content:
• Sunset Travel Awards – drafted and submitted entries in the following categories o Where to Go – Santa Ynez
o What to Do – Solvang Festival Theater
o What to Do – Taste of the Santa Ynez Valley
• What’s New Press Release – Distributed April 4
• IPW – Compile press releases & content ahead of tradeshow • SLC & ATL Direct Flights Press Release – April 30
Media coordination, and completed media visits in Q2 included:
• Francesca Angelini, The Sunday Times of London – April 23-26 • Malik Cocherel, Le Devoir – April 30-May 3
• Matt Metzler, Fifty Grande – May 16-18
• Craig Stoltz, Fodor’s Travel – June 22-26
Notable Q2 Media Coverage:
• Escape Magazine – The Santa Ynez Valley is California’s Most Underrated Road Trip • Westways – Three Central Coast Foodie Road Trips
• The Globe and Mail – 20 Years Later, How Sideways Has Shaped Wine Tourism • Decanter – A Weekend Spent “Sideways” In The Santa Ynez Valley • Forbes – How Santa Ynez Valley Stole The Spotlight From Napa • Boulder Lifestyle – All Country, No Club
• Smithsonian Magazine – 15 Best Small Towns to Visit in 2024 • Food & Wine – Where Hipsters, LA Weekenders, and Cowboys Collide Print Advertising
2024 Santa Ynez Valley Destination Guide
70,000 Destination Guides were printed, with monthly distribution taking place via the Solvang Visitors Center, the Buellton Visitors Center, the Santa Barbara Visitors Center, the Santa Barbara Airport and Santa Barbara area hotels. The guides are also distributed monthly to Santa Ynez Valley hotels, museums, and popular restaurants and retailers.
19 11 | P a g e
California Road Trips Guide
An annual print publication produced by Visit California, VisitSYV purchased a listing as part of the Central Coast Tourism Council’s Co-Op within the guide. The print publication has a 1 million circulation through the following distribution points: Parent Magazine (200,000 – California, Phoenix/Scottsdale, Nevada, Washington; Travel + Leisure (75,000 – California, Phoenix/Scottsdale); Exposure on VisitCalifornia.com through Nxtbook Media digital edition which includes a link to VisitSYV.com; 400,000 direct to consumers, fulfillment upon request, at key destinations. Distribution locations include California Welcome Centers, CVBs and Visitor Centers.

Trade Shows
IPW
VisitSYV partnered with the Buellton Visitors Bureau and Hotel Corque for 3 days of intensive in-person travel buyer & media appointments at IPW in Anaheim, California, May 4 – 8, 2024. IPW is the travel industry's premier international marketplace and the largest generator of travel to the U.S. In just three days of prescheduled business appointments, thousands of delegates representing U.S. travel organizations from every region of the USA and international and domestic buyers and media from 70+ countries meet face-to-face to conduct future travel business to the USA. Buyers & media received flash drives with Santa Ynez Valley lodging options, press releases, itineraries, story ideas and photography for their catalogues. Danielle Laudon Ruse, Cynthia Gonzalez, Stormie Strickland and Kathy Vreeland held over 40 appointments on the showroom floor while Shelby took an additional 20 appointments in the media marketplace, meeting with travel journalists from around the globe. Because this year’s event was held in Los Angeles, we partnered with Visit Santa Barbara, the Chumash Foundation and Vintners Association on an activation held in the Visit California Welcome Pavillion. We poured wine and provided bites to all IPW attendees each morning and evening of the show.

California Cup
Shelby Sim attended the annual 4-day California Cup in Carlsbad, California May 9 – 13, 2024, where he met and established relationships with international tour operators from Europe, Asia, and Australia. 20 12 | P a g e
Staff, Board and Member Development
Education
Central Coast Tourism Council Annual Retreat
Danielle Laudon Ruse attended the Central Coast Tourism Council’s (CCTC) retreat, an annual event where dozens of Destination Marketing Organizations from across the California Central Coast collaborate on marketing efforts to draw visitation to the entire rural region. The retreat took place in Pacific Grove, April 21 – 23, 2024.

Zarticon
Danielle Laudon Ruse attended Zarticon, a multi-day educational conference held by data partner Zartico in Charlotte, North Carolina May 13 – 15, 2024. Zartico is a SaaS technology company that uses data science and AI to create strategic planning and optimization solutions for destination leaders. VisitSYV partners with Zartico to source anonymized credit card and cell phone data tracking visitation to the Santa Ynez Valley.

Utilizing this data, we aim to have a better understanding of both peak and soft seasons of visitation. This data informs our marketing efforts as we aim to hold events and special promotions during slower periods, moving more visitation and traffic to those shoulder seasons.

One West Tourism Alliance Leadership Summit
Shelby Sim attended One West Tourism Alliance Summit June 20 – 22, 2024 in Cheyenne, Wyoming. Sim met with destination leaders from Destination Marketing Organizations from across the Western United States, sharing ideas, strategies and best practices among the industry.

Grants and Special Projects 2
nd Quarter 2024
The purpose of our grants program continues to be to assist with publicity and outreach for valley events which encourage overnight stays. Primary consideration goes to events which occur mid-week (Sunday to Thursday) and/or in off-season. Special projects include charitable donations and community improvement.

These funds in Q2 2024 were awarded to the following:
• Elverhoj Museum – Solstice Benefit: $1,500
• Los Olivos Rotary – Los Olivos Jazz and Olive festival: $3,000 21 13 | P a g e
• SYV Pride – Pride Festival: $2,500
• Madi’s Treasure Box – SYV Juneteenth: $3,000
• Santa Ynez Chamber – Old Santa Ynez Days: $3,500
• SYV Rotary – 4
th of July Fireworks: $4,000
• Santa Barbara Vintners – Golf Classic Fundraiser: $2,000 • Mental Wellness Center – Alma Rosa Mental Health Walk: $750 • One Mind Institute – Alma Rosa Mental Health Walk: $750 • Vikings of Solvang –Vikings Annual Classic Car Show: $1,000 For a total of $22,000
Collaborations with Santa Barbara County DMOs and other organizations VisitSYV collaborates actively with other county destination marketing organizations, including the City of Solvang, Buellton Visitors Bureau, the Santa Barbara County Vintners Association, Visit Santa Barbara, the Los Olivos, Buellton, Solvang, and Santa Ynez Chambers, the Los Alamos Business Association, and The Chumash Foundation.

Public comment
Members of the board and the President continue to be called upon to make written and/or verbal public comments on several hotel and tourism-related issues. Each question is raised on a board agenda and voted upon by the board or authorized by the Chairman before a comment is made. President Shelby Sim and, when needed, Linda Johansen, chairman, anticipate ongoing participation in our water challenges, cannabis, wine ordinance, and special events ordinance hearings.

Organization
The Board hired Cynthia Gonzalez as Director of Sales in April. Jeff Hartman joined the board as an at-large member, replacing the opening left by Michael Brughelli.

The board meets monthly at The Alisal Ranch, generally on the second Thursday of the month at 9:00 a.m. in person. The board consists of nine individuals: seven from the hotel industry and two representing the membership base.
22 14 | P a g e
Staff & Board of Directors
President & CEO - Shelby Sim
Vice President - Danielle Laudon Ruse
Director of Sales – Cynthia Gonzalez
Website & Membership Administrator – Brenda Ball
The board members are:

Chairperson – Linda Johansen, Owner, Pea Soup Andersen’s Inn, Buellton Vice Chairperson – Jonathan Rosenson, Owner, Mirabelle Inn, Solvang Secretary – Stormie Strickland, Director of Sales, Hotel Corque, Solvang Treasurer – Jim Flagg, Owner, Hampton Inn & Suites, Buellton Kathleen Cochran, General Manager, The Alisal Ranch, Solvang Greer Shull, Director, Fess Parker Wine County Inn, Los Olivos Kristopher Mclaughlin, General Manager, The Inn at Mattei’s Tavern, Los Olivos Jeff Hartman, Owner, Highline Adventures, Buellton
Will Henry, Owner, PICO Restaurant, Los Alamos
Respectfully submitted by:

Shelby Sim, President and CEO
Santa Ynez Valley Hotel Association, dba Visit the Santa Ynez Valley [email protected]
PO Box 633, Solvang, CA 93464
www.visitsyv.com, 805-451-6038
23 CITY COUNCIL STAFF REPORT
AGENDA ITEM 6.d
Meeting Date: December 9, 2024
SUBJECT: Adopt Resolution No. 24-1274 Reciting the Facts of the General Municipal Election held on November 5, 2024, and Declaring the Results and Such other Matters as Provided by Law.

PREPARED BY: Annamarie Porter, CMC, City Clerk
DISCUSSION:

The General Municipal Election was held on November 5, 2024 and the result certified by the Santa Barbara County Clerk/Registrar of Voters were received from the Santa Barbara County Elections Office on December 4, 2024
DECLARATION OF RESULTS OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 5, 2024
MAYOR OF SOLVANG (2-year term)
David Brown 1,769 votes (58.77%)
Jamie Baker 796 votes (26.45%)
Denise El Amin 427 votes (14.19%)
CITY COUNCILMEMBER DISTRICT 1 (4-year term)
Mark Infanti 643 votes (96.84%)
COUNCILMEMBER DISTRICT 2 (4-year term)
Claudia Orona 561 votes (96.39%)
MEASURE E2024 TOT TAX
Yes 2077 votes (67.17%)
No 1015 votes (32.83%)
The Ordinance for Measure E2024 that was adopted by the voters on November 5 to set the TOT Tax at 14% states: “If this ordinance is approved by a majority of the electors voting on the issue at the November 5, 2024 general municipal election, pursuant to Elections Code Section 9217, the ordinance shall be become effective ten (10) days after the City Council accepts the certified results of the election.” Should council adopt Resolution No. 24-1274 on December 9, the Measure E2024 Ordinance will be effective on December 19, 2024.

However, staff suggests delaying implementation of the new TOT rate of 14% until January 1, 2025 to allow time to contact all businesses subject to the TOT and provide updated forms. Staff further suggests that signed contracts for hotel stays dated prior to January 1, 2025 should be grandfathered in under the 12% TOT rate if the business with such a contract provides the City a copy of the contract.

Recommendation – Staff recommends the Council adopt Resolution No. 24-1274 and direct staff to delay implementation of the 14% TOT rate until January 1, 2025 and grandfather in stay contracts dated prior to January 1, 2025.

ALTERNATIVES:

The City Council could choose not to adopt the resolution. This is not advised because it would result in not being able to fill the City Council seats for those members whose terms are expiring and would result in Measure E not becoming effective despite the voters' adoption of the measure. 24 FISCAL IMPACT:

There is no fiscal impact directly from adoption of this Resolution, but this will enable the Ordinance for Measure E to become effective which will result in additional transient occupancy tax revenue for the City once the Measure E is implemented.

ATTACHMENTS:

A. Resolution No. 24-1274 with County Ballot results
B. Ordinance No. 24-0379 Measure E2024
C. County of Santa Barbara Elections Certification
25 ORDINANCE NO. 24-0379

AN ORDINANCE OF THE PEOPLE OF THE CITY OF SOLVANG, CALIFORNIA AMENDING SECTION 3-2-2 OF THE SOLVANG MUNICIPAL CODE TO CONTINUE AND MODIFY THE TRANSIENT OCCUPANCY (HOTEL) TAX RATE FROM 12 PERCENT TO 14 PERCENT

AND MAKING A DETERMINATION OF EXEMPTION UNDER THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
The people of the chartered City of Solvang do ordain as follows:

SECTION 1. Chapter 2 of Title 3 of the Solvang Municipal Code, Section 3-2-2 “Tax Imposed” is hereby amended to read as follows:

For the privilege of occupancy in any hotel, each transient is subject to and shall pay a tax in the amount of 14% of the rent charged or 14% of the value of the complimentary room calculated on the average monthly room rate. Such tax constitutes a debt owed by the transient to the city, which is extinguished only by payment to the operator or to the city. The transient shall pay the tax to the operator of the hotel at the time the rent is paid. If the rent is paid in installments, a proportionate share of the tax shall be paid with each installment. The unpaid tax shall be due upon the transient's ceasing to occupy space in the hotel. If for any reason the tax is not paid to the operator of the hotel, the finance department may require that such tax shall be paid directly to the finance department.

SECTION 2. This Ordinance has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA Guidelines (Title 14, Division 6, Chapter 3 of the California Code of Regulations), and the City’s environmental procedures. The City has determined that this Ordinance is exempt from CEQA pursuant to CEQA Guidelines Section 15060(c)(2), 15060(c)(3), and 15061(b)(3) because the City Council hereby finds with certainty that there is no possibility the passage of this Ordinance will result in a direct or reasonably foreseeable indirect physical change in the environment nor have a significant effect on the environment.

SECTION 3. If any section, subsection, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction or preempted by State or Federal legislation, such decision or legislation shall not affect the validity of the remaining provisions of this ordinance.

SECTION 4. If this ordinance is approved by a majority of the electors voting on the issue at the November 5, 2024 general municipal election, pursuant to Elections Code Section 9217, the ordinance shall be become effective ten (10) days after the City Council accepts the certified results of the election.

PASSED, APPROVED, AND ADOPTED on this 5th day of November 2024. __________________________________
Mark Infanti, Mayor
APPROVED AS TO FORM: ATTEST:
__________________________________ __________________________________ Chelsea O’Sullivan, City Attorney Annamarie Porter, City Clerk 26 STATE OF CALIFORNIA )
COUNTY OF SANTA BARBARA )ss

CITY OF SOLVANG )
I, Annamarie Porter, City Clerk of the City of Solvang, California do hereby certify that the foregoing Ordinance No. 24-0379 was duly adopted by the voters of the City of Solvang on the 5th day of November, 2024, and thereafter signed and approved by the Mayor and attested by the City Clerk.

Annamarie Porter, City Clerk
27 RESOLUTION NO. 24-1274

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOLVANG, CALIFORNIA, RECITING THE FACTS OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 5, 2024, AND

DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW WHEREAS, a General Municipal Election was held and conducted in the City of Solvang, California on Tuesday, November 5, 2024 as required by law; and WHEREAS, notice of the election was given in time, form and manner as provided by law; that voting precincts were properly established, that election officers were appointed and that in all respects the election was held and conducted and the votes were cast, received, and canvassed and the returns made and declared in time form and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in charter cities; and WHEREAS, pursuant to Solvang City Council Resolution No 24-1274, the County Elections Division canvassed the returns of the election and has certified the results to this City Council, the results are received, attached, and made a part hereof as Exhibit "A".

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOLVANG DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. That the whole number of votes cast in the precincts in the City was 3,338 votes (ballots) cast in the City.

SECTION 2. That the names of persons voted for at the election for Mayor of the City of Solvang were as follows:

David Brown
Jamie Baker
Denise El Amin
That the name of person voted for at the election for member for the City Council District 1 (Full Term) is as follows:

Mark Infanti
That the name of person voted for at the election for member for the City Council District 2 (Full Term) are is follows:

Claudia Orona
SECTION 3. That the number of votes given at each precinct and the number of votes given in the City to each of the persons above named for the respective offices for which the persons were candidates are as listed in "Exhibit A" attached.

SECTION 4. That City Council does declare and determine that David Brown was elected as Mayor for the full term of two years, set to expire December 2026 and shall serve for the full term of two years and until his successor is elected and sworn in. Mark Infanti was elected as Member of the City Council District 1, for the full term of four years set to expire December 2028; and Claudia Orona was elected as Member of the City Council for District 2, for the full term of four years set to expire December 2028 and each such elected Member of the City Council shall serve for the full term of four years and until their successors are elected and sworn in. 28 SECTION 5. That the number of votes given at each precinct and the number of votes given in the City in favor or against Measure E2024, also known as the City of Solvang Tourism Enhancement and Mitigation Measure, are as listed in “Exhibit A” attached; and that as a result of the election, a majority of the voters voting on Measure E2024 did vote in favor of it by a vote of 2,077 in favor and 1015 against, and that the measure was carried by 67.17%.

SECTION 6. The City Clerk shall enter in the records of the City Council of the City, a statement of the result of the results of the election, showing: (1) the whole number of votes (ballots) cast in the City; (2) The names of the persons voted for; (3) For what office each person was voted for; (4) The number of votes given at each precinct to each person; (5) the total number of votes given to each person; (6) the measure voted upon, (7) the number of votes given in each precinct for and against the measure.

SECTION 7. The City Clerk shall immediately make and deliver to each of the persons so elected a Certificate of Election signed by the City Clerk and authenticated; that the City Clerk or an appropriate designee shall also have administered to each person elected, the Oath of Office prescribed in the Constitution of the State of California and shall have them subscribe to it and file it in the office of the City Clerk. Each and all of the persons so elected shall then be inducted into the respective office to which they have been elected.

SECTION 8. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

PASSED, APPROVED, AND ADOPTED on this 9th day of December 2024.

__________________________________
Mark Infanti, Mayor
APPROVED AS TO FORM: ATTEST:
__________________________________ __________________________________ Chelsea O’Sullivan, City Attorney Annamarie Porter, City Clerk 29 STATE OF CALIFORNIA )
COUNTY OF SANTA BARBARA )ss

CITY OF SOLVANG )
I, Annamarie Porter, City Clerk of the City of Solvang, California do hereby certify that Resolution No. 24-1274 was passed and adopted by the City Council of the City of Solvang at a regular meeting of said City Council held on the 9th day of December 2024, and thereafter signed and approved by the Mayor and attested by the City Clerk, and that said resolution was adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
________________________________
Annamarie Porter, City Clerk
30 31
Candidate Poll Mail Total
DAVID BROWN 165 1,604 1,769 58.77%
JAMIE BAKER 51 745 796 26.45%
DENISE EL AMIN 46 381 427 14.19%
Write-in 4 14 18 0.60%
Poll Mail Total
Unqualified Write-In WRITE-IN 4 14 18 0.60%
Unresolved Write-In 0 0 0
Poll Mail Total
Times Cast 298 3,040 3,338 / 3,959 84.31%
Precincts Reported: 8 of 8 (100.00%)
City of Solvang Mayor (Vote for 1)
Candidate Poll Mail Total
MARK INFANTI 42 601 643 96.84%
Write-in 3 18 21 3.16%
Poll Mail Total
Unqualified Write-In WRITE-IN 3 18 21 3.16%
Unresolved Write-In 0 0 0
Poll Mail Total
Times Cast 70 903 973 / 1,088 89.43%
Precincts Reported: 3 of 3 (100.00%)
City of Solvang Member City Council Dist 1 (Vote for 1) Precincts Reported: 288 of 288 (100.00%)
Voters Cast: 187,876 of 244,943 (76.70%)
Cards Cast: 187,876
Election Summary Report
Santa Barbara County Elections
November 5, 2024 Presidential General Election
City of Solvang Certified Results
Elector Group Counting Group Cards Cast Voters Cast Registered Voters Turnout Total Poll 25,159 25,159 10.27%
Mail 162,717 162,717 66.43%
Total 187,876 187,876 244,943 76.70%
Page: 1 of 2 12/4/2024 9:49:23 AM
32 Candidate Poll Mail Total
CLAUDIA ORONA 44 517 561 96.39%
Write-in 2 19 21 3.61%
Poll Mail Total
Unqualified Write-In WRITE-IN 2 19 21 3.61%
Unresolved Write-In 0 0 0
Poll Mail Total
Times Cast 67 859 926 / 1,054 87.86%
Precincts Reported: 3 of 3 (100.00%)
City of Solvang Member City Council Dist 2 (Vote for 1) Candidate Poll Mail Total
YES 165 1,912 2,077 67.17%
NO 111 904 1,015 32.83%
Poll Mail Total
Unresolved Write-In 0 0 0
Poll Mail Total
Times Cast 298 3,040 3,338 / 3,959 84.31%
Precincts Reported: 8 of 8 (100.00%)
Measure E2024 City of Solvang - City Transient Occupancy Tax Increase Measure (Vote for 1)
Page: 2 of 2 12/4/2024 9:49:23 AM
33 Precinct Registered
Voters Voters Cast % Turnout
City
City of Solvang
34-1406
Poll 409 49 11.98%
Mail 409 331 80.93%
Total 409 380 92.91%
34-2404
Poll 616 59 9.58%
Mail 616 501 81.33%
Total 616 560 90.91%
34-3092
Poll 576 20 3.47%
Mail 576 484 84.03%
Total 576 504 87.50%
34-3093
Poll 103 1 0.97%
Mail 103 88 85.44%
Total 103 89 86.41%
34-3094
Poll 438 8 1.83%
Mail 438 358 81.74%
Total 438 366 83.56%
34-3095
Poll 0 0 N/A
Mail 0 0 N/A
Total 0 0 N/A
34-3096
Poll 1,040 76 7.31%
Mail 1,040 768 73.85%
Total 1,040 844 81.15%
Statement of Votes Cast
Santa Barbara County Elections
November 5, 2024 Presidential General Election
City of Solvang Certified Results
Page: 1 of 12 12/4/2024 10:09:51 AM
34 Precinct Registered
Voters Voters Cast % Turnout
34-3404
Poll 777 85 10.94%
Mail 777 510 65.64%
Total 777 595 76.58%
City of Solvang - Total 3,959 3,338 84.31%
City - Total 3,959 3,338 84.31%
Poll 3,959 298 7.53%
Mail 3,959 3,040 76.79%
Page: 2 of 12 12/4/2024 10:09:51 AM
35 City of Solvang Mayor (Vote for 1)
Precinct
Times CastRegistered Voters
City
City of Solvang
34-1406
Poll 49 409
Mail 331 409
Total 380 409
34-2404
Poll 59 616
Mail 501 616
Total 560 616
34-3092
Poll 20 576
Mail 484 576
Total 504 576
34-3093
Poll 1 103
Mail 88 103
Total 89 103
34-3094
Poll 8 438
Mail 358 438
Total 366 438
34-3095
Poll 0 0
Mail 0 0
Total 0 0
34-3096
Poll 76 1,040
Mail 768 1,040
Total 844 1,040
Precinct

DENISE EL AMINJAMIE BAKER
City
City of Solvang
34-1406
Poll 7 15.56% 8 17.78%
Mail 64 20.78% 70 22.73%
Total 71 20.11% 78 22.10%
34-2404
Poll 6 11.54% 11 21.15%
Mail 43 9.71% 131 29.57%
Total 49 9.90% 142 28.69%
34-3092
Poll 2 11.76% 5 29.41%
Mail 65 15.01% 115 26.56%
Total 67 14.89% 120 26.67%
34-3093
Poll 0 0.00% 0 0.00%
Mail 5 6.41% 22 28.21%
Total 5 6.33% 22 27.85%
34-3094
Poll 0 0.00% 4 66.67%
Mail 39 12.00% 73 22.46%
Total 39 11.78% 77 23.26%
34-3095
Poll 0 0
Mail 0 0
Total 0 0
34-3096
Poll 18 26.87% 13 19.40%
Mail 101 14.60% 208 30.06%
Total 119 15.68% 221 29.12%
Page: 3 of 12 12/4/2024 10:09:51 AM
36 Precinct
DAVID BROWNWrite-inUnqualified WriteInQualified Write In City
City of Solvang
34-1406
Poll 30 66.67%0 0.00%0 0.00%
Mail 170 55.19%4 1.30%4 1.30%
Total 200 56.66%4 1.13%4 1.13%
34-2404
Poll 34 65.38%1 1.92%1 1.92%
Mail 269 60.72%0 0.00%0 0.00%
Total 303 61.21%1 0.20%1 0.20%
34-3092
Poll 10 58.82%0 0.00%0 0.00%
Mail 252 58.20%1 0.23%1 0.23%
Total 262 58.22%1 0.22%1 0.22%
34-3093
Poll1 100.00%0 0.00%0 0.00%
Mail 51 65.38%0 0.00%0 0.00%
Total 52 65.82%0 0.00%0 0.00%
34-3094
Poll2 33.33%0 0.00%0 0.00%
Mail 212 65.23%1 0.31%1 0.31%
Total 214 64.65%1 0.30%1 0.30%
34-3095
Poll000
Mail000
Total000
34-3096
Poll 34 50.75%2 2.99%2 2.99%
Mail 377 54.48%6 0.87%6 0.87%
Total 411 54.15%8 1.05%8 1.05%
Page: 4 of 12 12/4/2024 10:09:51 AM
37 Precinct
Times CastRegistered Voters
34-3404
Poll 85 777
Mail 510 777
Total 595 777
City of Solvang - Total 3,338 3,959
City - Total 3,338 3,959
Precinct

DENISE EL AMINJAMIE BAKER
34-3404
Poll 13 16.67% 10 12.82%
Mail 64 13.76% 126 27.10%
Total 77 14.18% 136 25.05%
City of Solvang - Total 427 14.19% 796 26.45%
City - Total 427 14.19% 796 26.45%
Page: 5 of 12 12/4/2024 10:09:51 AM
38 Precinct
DAVID BROWNWrite-inUnqualified WriteInQualified Write In 34-3404
Poll 54 69.23%1 1.28%1 1.28%
Mail 273 58.71%2 0.43%2 0.43%
Total 327 60.22%3 0.55%3 0.55%
City of Solvang - Total 1,769 58.77% 18 0.60% 18 0.60%
City - Total 1,769 58.77% 18 0.60% 18 0.60%
Page: 6 of 12 12/4/2024 10:09:51 AM
39 City of Solvang Member City Council Dist 1 (Vote for 1) Precinct
Times CastRegistered Voters
City
City of Solvang
34-1406
Poll 49 409
Mail 331 409
Total 380 409
34-3092
Poll 20 576
Mail 484 576
Total 504 576
34-3093
Poll 1 103
Mail 88 103
Total 89 103
City of Solvang - Total 973 1,088
City - Total 973 1,088
Precinct
MARK INFANTIWrite-in
City
City of Solvang
34-1406
Poll 28 90.32% 3 9.68%
Mail 216 96.00% 9 4.00%
Total 244 95.31% 12 4.69%
34-3092
Poll 13 100.00% 0 0.00%
Mail 333 97.94% 7 2.06%
Total 346 98.02% 7 1.98%
34-3093
Poll 1 100.00% 0 0.00%
Mail 52 96.30% 2 3.70%
Total 53 96.36% 2 3.64%
City of Solvang - Total 643 96.84% 21 3.16%
City - Total 643 96.84% 21 3.16%
Page: 7 of 12 12/4/2024 10:09:51 AM
40 Precinct
Unqualified WriteInQualified Write In
City
City of Solvang
34-1406
Poll3 9.68%
Mail9 4.00%
Total 12 4.69%
34-3092
Poll0 0.00%
Mail7 2.06%
Total7 1.98%
34-3093
Poll0 0.00%
Mail2 3.70%
Total2 3.64%
City of Solvang - Total 21 3.16%
City - Total 21 3.16%
Page: 8 of 12 12/4/2024 10:09:51 AM
41 City of Solvang Member City Council Dist 2 (Vote for 1) Precinct
Times CastRegistered Voters
City
City of Solvang
34-2404
Poll 59 616
Mail 501 616
Total 560 616
34-3094
Poll 8 438
Mail 358 438
Total 366 438
34-3095
Poll 0 0
Mail 0 0
Total 0 0
City of Solvang - Total 926 1,054
City - Total 926 1,054
Precinct
CLAUDIA ORONAWrite-in
City
City of Solvang
34-2404
Poll 40 95.24% 2 4.76%
Mail 307 95.94% 13 4.06%
Total 347 95.86% 15 4.14%
34-3094
Poll 4 100.00% 0 0.00%
Mail 210 97.22% 6 2.78%
Total 214 97.27% 6 2.73%
34-3095
Poll 0 0
Mail 0 0
Total 0 0
City of Solvang - Total 561 96.39% 21 3.61%
City - Total 561 96.39% 21 3.61%
Page: 9 of 12 12/4/2024 10:09:51 AM
42 Precinct
Unqualified WriteInQualified Write In
City
City of Solvang
34-2404
Poll2 4.76%
Mail 13 4.06%
Total 15 4.14%
34-3094
Poll0 0.00%
Mail6 2.78%
Total6 2.73%
34-3095
Poll0
Mail0
Total0
City of Solvang - Total 21 3.61%
City - Total 21 3.61%
Page: 10 of 12 12/4/2024 10:09:51 AM
43 Measure E2024 City of Solvang - City Transient Occupancy Tax Increase Measure (Vote for 1) Precinct
Times CastRegistered Voters
City
City of Solvang
34-1406
Poll 49 409
Mail 331 409
Total 380 409
34-2404
Poll 59 616
Mail 501 616
Total 560 616
34-3092
Poll 20 576
Mail 484 576
Total 504 576
34-3093
Poll 1 103
Mail 88 103
Total 89 103
34-3094
Poll 8 438
Mail 358 438
Total 366 438
34-3095
Poll 0 0
Mail 0 0
Total 0 0
34-3096
Poll 76 1,040
Mail 768 1,040
Total 844 1,040
Precinct
YESNO
City
City of Solvang
34-1406
Poll 27 61.36% 17 38.64%
Mail 214 70.63% 89 29.37%
Total 241 69.45% 106 30.55%
34-2404
Poll 28 50.00% 28 50.00%
Mail 315 68.63% 144 31.37%
Total 343 66.60% 172 33.40%
34-3092
Poll 11 57.89% 8 42.11%
Mail 288 65.16% 154 34.84%
Total 299 64.86% 162 35.14%
34-3093
Poll 1 100.00% 0 0.00%
Mail 53 69.74% 23 30.26%
Total 54 70.13% 23 29.87%
34-3094
Poll 3 42.86% 4 57.14%
Mail 206 64.17% 115 35.83%
Total 209 63.72% 119 36.28%
34-3095
Poll 0 0
Mail 0 0
Total 0 0
34-3096
Poll 47 68.12% 22 31.88%
Mail 500 69.35% 221 30.65%
Total 547 69.24% 243 30.76%
Page: 11 of 12 12/4/2024 10:09:51 AM
44 Precinct
Times CastRegistered Voters
34-3404
Poll 85 777
Mail 510 777
Total 595 777
City of Solvang - Total 3,338 3,959
City - Total 3,338 3,959
Precinct
YESNO
34-3404
Poll 48 60.00% 32 40.00%
Mail 336 68.02% 158 31.98%
Total 384 66.90% 190 33.10%
City of Solvang - Total 2,077 67.17% 1,015 32.83%
City - Total 2,077 67.17% 1,015 32.83%
Page: 12 of 12 12/4/2024 10:09:51 AM
45 1
December 3rd, 2024
SENT VIA ELECTRONIC MAIL AND U.S. MAIL.

California Department of Transportation
District 5
District Director Scott Eades
50 Higuera Street
San Luis Obispo, CA 93401
December 3rd, 2024
Re: S.R. 154 and Roblar Avenue Intersection Safety Concerns Director Eades,
The purpose of this letter is to request immediate action for temporary traffic control devices to be implemented at the intersection of State Route 154 at Roblar Avenue, in the unincorporated area of Santa Ynez, Valley.

Currently, there is construction of a “roundabout” at S.R. 154 and Edison Road, southeast of the S.R. 154 and Roblar Avenue intersection. A detour has been implemented for the construction project. The detour specifically directs traffic to the S.R. 154/Roblar Avenue intersection. S.R. 154 has long been a concern for the County of Santa Barbara and the State of California in relation to safety. So much so that in 2019 the Santa Barbara County Association of Governments (SBCAG) formed the “State Route 154 Safety Committee”, which CalTrans District 5 is member of.

Since the implementation of the detour, the S.R. 154/Roblar Avenue intersection has seen significant congestion of both the east and west sides of the highway on Roblar Avenue. Cross traffic on S.R. 154 often travels at high speeds, and because of the increased daily highway crossings as a direct result of the detour, this intersection has experienced several recent injury and non-injury traffic collisions. As I write this letter today, paramedics are currently tending to victims of yet another injury traffic collision at the S.R. 154/Roblar Avenue intersection this afternoon. Daily, there are near-miss traffic collisions, and in some cases, multiple traffic collisions a day at this intersection since the inception of the detour.
46 2
Compounding this already present safety issue, particularly at night, are vendor(s) that setup on the corner of the roadway. Specifically, the vendor(s) have bright lights for their concession stands. These lights create a hazard of extremely poor visibility for drivers, and near blinding of drivers at the intersection. Furthermore, vehicles and pedestrians patronizing these vendor(s) stop on or near the roadway edge, which I have personally witnessed multiple near-miss traffic collisions (vehicle vs vehicle and vehicle vs pedestrian).

The vendors are operating with open flames near dry vegetation, constituting a significant fire hazard to county, state, and private property; and dumping grease and other chemicals on the roadway edge, the remnants of which are visible daily. The County of Santa Barbara is aware of the unpermitted vending issue, and in response to multiple citizen complaints, multiple county agencies have openly stated they cannot act against the vendor(s) because of Senate Bill 946, “The Safe Sidewalk Vending Act.” These agencies point the proverbial finger at other county agencies, creating a never-ending cycle of inaction.

I disagree with County’s assessment that “nothing can be done.” For clarification, I am less concerned with the vending permit issue, and more concerned with the life safety issues these vendors pose at already riskincreased location. I fully understand there are pressing issues throughout the county, and unpermitted vendors rank low on the list of priorities. Simply moving the vendor(s) to another location would alleviate the public safety hazard of this already dangerous intersection. Furthermore, nothing in SB 946 exempts the criminal acts of illegal dumping of hazardous materials, nor illegal fires.

California Penal Code §374.3 specifically addresses illegal dumping:
(a) It is unlawful to dump or cause to be dumped waste matter in or upon a public or private highway or road, including any portion of the right-of-way thereof, or in or upon private property into or upon which the public is admitted by easement or license, or upon private property without the consent of the owner, or in or upon a public park or other public property other than property designated or set aside for that purpose by the governing board or body having charge of that property.

Any peace officer in the State of California, to include deputy sheriffs, state game wardens, park rangers, and peace officers of the California Highway Patrol, can make an arrest for this violation.

The California Highway Patrol has an active presence on S.R. 154 in this area, and their efforts are greatly appreciated. The CHP does an excellent job, but it is not practical for them to be stationed there at all hours of the day and night. 47 3
Furthermore, such as request would deprive other areas of the community of the much needed services of our local highway patrol officers.

I recognize implementing traffic control devices at the S.R. 154/Roblar Avenue intersection will have an added cost to the construction project. Such an expenditure for traffic control devices is an appropriate and necessary use of funds to further the safety of our community, and is urgently needed.

I appreciate your prompt attention and consideration to this urgent matter.

V/r
Ryan Smith
Resident, Santa Ynez Valley
Cc:

Santa Barbara County Association of Governments
Santa Barbara County 3rd District Supervisor Joan Hartmann California Highway Patrol- Buellton Area Command
California Highway Patrol-Coastal Division
48 CITY COUNCIL STAFF REPORT
AGENDA ITEM 8.a
Meeting Date: December 9, 2024
SUBJECT: Second Reading Adoption by Title Only

1. Ordinance No. 24-377 creating the village design district overlay zone (DD-1); amending the standards for the professional office (po) zone; rezoning the tourist commercial (TRC) zone to village mixed-use (VMU); rezoning the institutional (I) zone to public/institutional (PI); rezoning the commercial retail (C-2) zone to retail commercial (CR); rezoning APN 139-300-001 (Creekside open space) from recreational (REC) to open space (OS); rezoning APN 139-181-014 (Solvang Park) from recreational (REC) to parks (P); rezoning APN 139-181-061 (parking lot across from Solvang Park), APN 139-173-018 (parking lot between mission street and Copenhagen Drive), APN 139-174-040 and APN 139-174-042 (oak street parking lot), APN 139-191-008 (Annex Building), APN 139-240-058 (Alisal parking lot), APN 139-211-004 (storage yard across from city hall/fire department), APN 139-213-001 (city hall parking lot), and APN 139-213-016 (city hall) from tourist commercial (TRC) to public/institutional (PI); and amending the official Zoning Map and title 11 (zoning ordinance) of the Solvang Municipal Code to reflect the same;

2. Ordinance No. 24-376 rezoning APN 137-290-024 and 137-310-001 from recreational (REC) to open space (OS) and amending the official Zoning Map of the city of Solvang to reflect the same; and

3. Ordinance No. 24-378 Repealing and Replacing Title 11 (Zoning Regulations) of the Solvang Municipal Code and the Official Zoning Map of the City of Solvang PREPARED BY: A. Rafael Castillo, AICP, Planning & Building Manager Chelsea O’ Sullivan, City Attorney
Taylor Ford, Assistant City Attorney

DISCUSSION
A public hearing was held on November 25, 2024, for a first reading of three separate ordinances, Ordinance 24-377 (Attachment C), Ordinance 24-376 (Attachment D), and Ordinance 24-378 (Attachment E). These three ordinances collectively repeal and replace the City’s official Zoning Map and Title 11 (Zoning Regulations). There are three ordinances to reflect segmented portions of the comprehensive zoning code update due to conflicts of interest by two council members.

At the November 25, 2024 meeting, the Council took the following actions in this order:

1. The City Council voted to introduce for first reading Ordinance 24-377, with Council members Elizabeth Orona and Claudia Orona recusing themselves.

2. The City Council voted to introduce for first reading Ordinance 24-376, with Council member Elizabeth Orona recusing herself.

3. The City Council voted to introduce for first reading Ordinance 24-378.

Tonight, the Council considers whether to proceed with second reading and adopt each of these segmented ordinances. A note on process: the segmented ordinances will be considered individually in the same order in which they were introduced and with the same recusals. This order is shown above.

As explained in the prior staff presentation, the City’s current zoning regulations are very out of date, confusing and, in some places, conflicting. The comprehensive zoning code update provides a muchneeded modernization and streamlining of the City’s zoning regulations and thereby implements several Council Goals established by the City Council in the May 2024 goal setting session.

Specifically, Goal #3 (Identify existing opportunities for affordable housing in the TRC, especially from 49 “walkable” locations); Goal #5 (Update outdated codes and ordinances); and Goal #10 (Streamline the entitlement and building process to make it easier for residents and businesses to improve their property). The update also implements the City’s Housing Element Programs and the newly adopted 2045 General Plan, which as explained below, are important for the City’s compliance with state law.

Effects on Implementation of General Plan and Housing Element California Government Code 65400(a)(2) requires the City to report by April 1 of each year the City’s progress during the prior calendar year on implementation of the General Plan, its Housing Element programs, and rezoning done to accommodate its share of the State’s overall regional housing need, among other things. Adoption of the segmented ordinances will enable the City to report compliance with Housing Element Implementation measures (Attachment A) in this upcoming reporting cycle. In addition, on February 12, 2024 the Department of Housing and Community Development (HCD) certified the City’s Housing Element but made it clear that such certification is contingent upon “timely and effective implementation” of Housing Element programs (Attachment B). Importantly, adoption of the three segmented ordinances would allow the City to report to HCD implementation of the following Housing Element programs:
• Portions of HE-F, amending the zoning code for compliance with AB 1783. • Adopt an ADU and JADU ordinance consistent with HE-H. • Complete implementation program HE-J of the adopted housing element, requiring the city to re-zone sites in accordance with California Government Code section 65583.2(h) and (i) to meet the City’s RHNA.
• Compliance with implementation measure HE-L, which requires the city to complete ordinance revisions by February 15, 2025;
• Compliance with implementation measures HE-K, mixed-use development. • Adopt a streamlined process consistent with HE-N.
• Compliance with implementation measure HE-O, which includes specific municipal code revisions to be completed by February 15, 2025.
• Implement HE-S for transitional and supportive housing by 2025. • Implement HE-U, which required the City to revise standards for missing middle housing by June 20, 2024.
• Continue to be on track for implementation of HE-Y, objective standards.

Under program HE-J, the City identified three sites for re-zoning to meet the City’s RHNA numbers. The City already rezoned two of the three identified sites in March 2024. Rezoning of the last site, Site C, is included in this zoning code update. Adoption of the segmented ordinances would mean that the City has completed all of the rezonings identified in program HE-J. Completion of program HE-J, and implementation of the above Housing Element programs, substantially reduces the risk that HCD would rescind its finding of substantial compliance for the Housing Element. Maintaining a substantially compliant housing element is important to prevent additional builder’s remedy applications and limit exposure to enforcement actions from HCD and the Attorney General’s Office.

If the Council decides not to adopt the segmented ordinances, the City will likely miss deadlines established by the Housing Element for implementation of certain programs, including programs HE-L and HE-O (compliance deadline of February 15, 2025) (Attachment A). Not adopting the segmented ordinances also would further delay the re-zone of Site C and full implementation of program HE-J and implementation of program HE-H, the compliance deadlines for which have already passed. This may cause the City to be out of compliance with its adopted Housing Element and could lead HCD to revoke its substantial compliance determination. That, in turn, would allow for submission of additional builder’s remedy applications until such time as the City regained substantial compliance status. Another possible consequence of this HCD action is that, because Governor Newsom signed SB 1037 into law in September, the State Attorney General can fine municipalities between $10,000 to $50,000 per month for not having a compliant Housing Element. Additionally, the City would not make progress on Council identified goals, in particular, Goal #10.

50 Proposed Ordinance History
At the November 25, 2024 meeting, there was concern that the proposed ordinance revisions were created hastily or without input from the community and the City’s commissions and committees. The zoning code changes are the culmination of a collaborative effort in which staff sought input from the Design Review Committee, the Planning Commission, and the City Council. City staff brought proposed amendments to the Zoning Regulations to various bodies and the City Council through spring and summer of 2024 as follows:
• Zoning consolidation and land use definitions amendments were brought to the Planning Commission in May 2024. The Planning Commission was receptive to proposed amendments to consolidate zones for consistency with the then proposed (now adopted) General Plan, and a way to control zoning and land use for properties that were going to be designated as medium density in the General Plan, while rectifying issues with SB-9 and “by-right” subdivisions already allowed per State Law.
• Based on comments from the Planning Commission at its May meeting, City staff returned in July with redline/strikeout versions of the proposed zoning ordinance change, as well as addressing other issues brought up in the May Meeting. The Planning Commission provided additional direction to staff on some uses.
• City staff brought forth draft Chapter 10 Objective Design Standards to the DRC at its July 2024 meeting. City staff provided other proposed amendments including administrative and entitlement amendments for review. The DRC focused on proposed entitlement processing versus objective design standards.
• City staff brought an overview of proposed Zoning Ordinance amendments, including consolidation and objective design standards to the City Council at its July 29, 2024 meeting.

City Council directed staff to continue with proposed amendments. • City staff brought revisions to the objective standards to the DRC at its August 2024 meeting.

City staff responded to DRC comments by eliminating some proposed entitlement revisions and received additional comments from the DRC on the objective design standards, noting that a starting point was needed but further refinements would be required down the line. • At its November 4, 2024 meeting, the Planning Commission adopted resolutions recommending the City Council adopt the Addendum, a General Plan amendment, and the comprehensive zoning code update.

Objective Design Standards in the Design District Overlays If the three segmented ordinances are adopted as presented, they would establish the Village Design District (DD-1) and codify objective design standards for this District. These objective standards are designed to maintain the current Danish/Old-World style and a consistent design throughout the Solvang village for commercial and residential projects within the District.

The Village Design District (DD-1), Chapter 10A of the zoning code update, includes the Solvang downtown village (currently zoned TRC and proposed zoning of “Village Mixed Use” (VMU)) and a few residential lots (currently zoned DR-20 and proposed R-3) along Copenhagen between Fifth and Fourth streets. (See the properties in the red dashed box in the diagram below). The DR-20/R-3 residential properties were included in the Village Design District (DD-1) at the recommendation of the Planning Commission at its June 3, 2024 meeting, during the discussion of the recommendation to adopt the 2045 Solvang General Plan. The Planning Commission recommended the inclusion of the vacant residential parcels in the District to ensure that if the existing residences or vacant parcels are redeveloped/developed the City could require a similar design as the adjacent properties zoned Tourist Related Commercial (TRC) (proposed VMU). Under the proposed zoning code update, mixed use developments that meet the definition of a “housing development” (50% or more of the total uses) under state law are also conditional permit uses in the VMU zone, which underlies the Village Design District (DD-1) overlay zone.

The allowance of mixed-use project in the VMU and the inclusion of residential zoned lots in the Village Design District (DD-1) means it is important to have objective design standards for this District. Under the Housing Accountability Act (HAA), if a proposed housing development project (which includes certain mixed use projects) meets the objective criteria of the General Plan and zoning ordinance (for 51 example, density, height, setbacks, and parking), then the City cannot deny the project or condition the project in such a way that would require it to be developed at a lower density, unless the City makes specific findings. Such findings include, among other things, that the project would have a “specific, adverse impact” on the public health or safety that is based on an objective, identified public health or safety standard, policy. As a practical matter these specific findings are difficult to make. The result is the City is unable to deny or condition a project based on subjective standards.

Village Design District (DD-1) Parcel Change
Therefore, should the City decide to not adopt any objective design standards for the Village Design District, the City would not be able to require Danish design elements for projects on the above identified residential lots or, perhaps more importantly, for qualifying mixed used projects in the Solvang Village area. However, the City can require compliance with objective design standards for such projects. The currently proposed design standards represent a starting point to allow for some control on design for residential development projects in the Village Design District Overlay Zone, including mixed use projects in the Solvang village area that meet the definition of a housing development project under state law and residential projects on those lots along Copenhagen. It has been the intention of staff to further refine the standards to dial in what works and what doesn’t work.

The City has already received one application for a high-density housing development project on the identified DR-20/R3 block on Copenhagen. If the Council’s goal is to have those residential lots have a design consistent with the Solvang village area, it can only do so through the application of objective design standards. Therefore, if the Council chose to remove these residential properties from the Village Design District (DD-1) or decided to not adopt the Village Design District objective design standards, the City would not be able to require compliance with subjective design criteria on these lots.

At the November 25 meeting, the Council also directed staff to begin work on refining the objective design standards for the Village Design District (DD-1). As mentioned to both the Planning Commission and the Design Review committee, these objective standards are the starting point, and staff intends to refine them further over time with input from the community, DRC, Planning Commission and Council.

Objective standards are used for the minimum required design elements. Entitlement hearings would still be required, specifically for proposed Development Permits, and Conditional Use Permits.

Recommendation

VMU/TRC

VMU/TRC
PI/I
52 Staff recommends the City proceed with a second reading and adopt the three segmented zoning code ordinances. Additionally, consistent with Council’s direction on November 25, 2024, City staff proposes to establish a “working group” similar to the General Plan Advisory Committee (GPAC) that would consist of members of the DRC, Planning Commission, and potentially a member of the City Council to go over the topics of the objective design standards and craft amendments to be brought back to City Council for Zoning Ordinance amendments and adoption. This effort also could include the “design handbook” which would be a “how to guide” to assist property owners and applicants on explaining the objective standards. In addition to this work effort, the City Council has budgeted for a Request for Proposal (RFP) to obtain a consultant to create a set of objective residential design standards, as well as refine any additional standards in both Design District 1 and Design District 2.

CEQA Analysis
The proposed repeal and replacement of Title 11 was analyzed for consistency with the California Environmental Quality Act (CEQA) through an addendum of the adopted Final Environmental Impact Report (FEIR) for the 2045 General Plan, which was certified by the City Council on July 8, 2024. The City Council adopted this addendum at its November 25, 2024 meeting.

ALTERNATIVES:

If the City Council does not wish to follow the actions recommended above, it has the following alternatives to consider:

1. Adopt the three segmented zoning code update ordinances and direct staff to complete the following within 60 days:
• Amend the General Plan to remove the R-3 lots from the Village Design District boundary shown in the General Plan Community Design Element and the Zoning Map; • Amend the Zoning Ordinance to repeal chapter 10 objective standards; • Amend the Zoning Ordinance Table 11.7 to only allow up to 49% of the gross floor area for residential uses in the VMU.

The Council could also direct staff to create a working group to refine the objective design standards and bring such revised standards back at a later date. This alternative would allow the city to report to HCD, as a part of its annual report for this reporting cycle, the completion of implementation of certain Housing Element programs, including required site re-zones while addressing concerns about the Village Design District (DD-1) objective design standards expressed at the November 25 Council meeting.

2. Decline to adopt the segmented zoning ordinances and direct staff to bring back revised ordinances reflecting Council direction. The Council should provide specific comments on desired changes to the zoning code update so that staff can make the requested revisions. The revised zoning code update ordinances will likely be required to go back to the Planning Commission for recommendation to the City Council. This alternative will delay implementation of the General Plan and Housing Element programs, including re-zoning of Site C, which, as explained above, potentially exposes the City enforcement actions by HCD, revocation of HCD’s substantial compliance determination for the City’s Housing Element, and additional builder’s remedy applications. HCD may take additional action by issuing fines of up to $50,000 per month for violating state housing laws.

FISCAL IMPACT:

It is estimated that City staff has expended approximately 320 hours in producing revisions to the Zoning Ordinance at a cost of $62,720 in hourly fees plus additional legal fees for review and producing required resolutions. Use of an outside consultant for a similar work effort would be approximately $250,000 to $350,000, plus additional staff review time and legal review.

ATTACHMENTS:

A. Housing Element Implementation Program
B. February 12, 2024 Housing Element Compliance Letter from HCD 53 C. Draft Ordinance 24-377
D. Draft Ordinance 24-376
E. Draft Ordinance 24-378
Exhibit A – Title 11 – Zoning Regulations
Exhibit B – Official Zoning Map
54 Adopted December 11, 2023; Certified February 12, 2024 | H-13 Adopted 6th Cycle Housing Element Implementation Programs Attachment A Implementation Program Objectives
Implements
What
Policies
Responsibility Potential Funding
Source Timeframe
Housing and Neighborhood Conservation
HE-A Code Enforcement
The City shall continue to carry out zoning code enforcement activities, including performing property inspections and citing code violations, when necessary. The City shall also continue to contract with the California Code Check for the enforcement of building codes.

The City shall provide information regarding the Housing Rehabilitation Assistance to owners of housing units with code compliance issues. The City shall complete workshops or advertising campaigns to distribute information on
available programs and resources targeting areas with lower median incomes in central Solvang, including census tract 1910 and block group 2 of census tract 1909.

The City shall provide direct technical assistance to lowerincome households dealing with code compliance issues.

Technical assistance may include, but is not limited to, oneon-one assistance from staff with technical expertise or assistance with the rehabilitation loan program application. [Source: Existing Program 1, modified]
Provide direct technical assistance to at
least 9 households with substandard
housing issues that led to code
compliance, including:
• Three extremely low-income
households
• Three very low-income households,
and
• Three low-income households
Hold four workshops or advertising
campaigns targeting central portions of
the city.

H-1.2: Planning Division,
Building Division
General Fund Assist three
households by 2025,
six by 2028, and nine
by 2031.

Workshops/
advertising
campaigns: every
two years
HE-B Housing Rehabilitation Assistance
Program
To support the City’s code enforcement efforts and improve the condition of existing affordable and market rate housing stock, the City shall implement a home rehabilitation
assistance program to assist low income and senior
households, as funding becomes available. This program will use a portion of the HOME Investment Partnership Program (HOME) and/or Community Development Block Grant
Program (CDBG) funds that the City may apply for through its participation in the County HOME Consortium to assist
homeowners in repairing or upgrading their homes for the purpose of preserving existing units. The City’s code
enforcement officer shall identify substandard housing units that might qualify for HOME funding. Correcting code
Provide rehabilitation assistance to:
• Five very low-income households,
and
• Five low-income households
A. Provide program information and
resources at City Hall, Solvang
Senior Center, the Solvang Library,
and on the City’s website by 2024;
complete two targeted advertising
campaigns in the planning period.

B. Identify funding opportunities
annually.

H-1.2::

H-1.3:

H-1.4:

Planning Division United States
Department of Housing
and Urban
Development (HUD)
HOME

HUD CDBG
Assist 10
households by 2026,
10 by 2028, and 15
by 2031.

A. Post information:
by 2024; targeted
advertising every
four years (at
minimum)
B: Identify funding
opportunities:
annually
C. Apply for new
funding: twice in the
planning period
55 H-14 | Adopted December 11, 2023; Certified February 12, 2024 Adopted 6th Cycle Housing Element Implementation Programs Implementation Program Objectives
Implements
What
Policies
Responsibility Potential Funding
Source Timeframe
violations will be a top priority of the loan program. Additional actions taken by the City shall include:

A. The City shall advertise the availability of this
program through brochures at City Hall, the Public
Library, and by posting information on the City’s
website, and shall hold advertising efforts
specifically targeting central Solvang.

B. The City shall annually identify and pursue funding
opportunities in support of the Housing
Rehabilitation Assistance Program.

C. The City shall pursue two new funding
opportunities in the planning period.

D. The City shall identify and engage local non-profit
agencies to identify local rehabilitation needs and
opportunities for partnerships to provide resources
or direct-assistance to lower-income households.

E. The City shall prioritize identified funding to assist lower income households in central Solvang,
including census tract 1910 and block group 2 of
census tract 1909. [Source: Existing Program 2,
modified]
C. Pursue two new funding
opportunities in the planning period.

D. Identify and contact local non-profit
agencies bi-annually.

E. Prioritize assistance for lower
income households in areas with
lower median incomes.

D. Biannually
HE-C Rental Assistance
The City shall continue to support agencies providing rental assistance, including the Housing Authority of the County of Santa Barbara in the administration of the Housing Choice Voucher program, and shall support and encourage the
provision of additional subsidies through the Housing Choice Voucher program. The City shall work with the Housing
Authority to engage property owners in central Solvang to encourage landlords to register their units with Section 8 providers. [Source: Existing Program 3, modified]
Address the high cost of rent for lower
income households by partnering with
the Housing Authority in the
administration housing choice vouchers
countywide.

Engage with the Housing Authority
annually to discuss opportunities to
pursue additional funds for rental
assistance programs.

Provide informational materials detailing
existing rental assistance programs and
available resources on the City’s website
by 2024 and hold workshops or
advertising campaigns to distribute this
H-2.1:

H-2.4:

H-2.9:

Planning Division HUD – Housing Choice
Voucher

HUD HOME
Engage with the
Housing Authority:
annually
Apply for funding: as
available
Information on City
website: by 2024
Workshops/
advertising
campaigns: annually
56 Adopted December 11, 2023; Certified February 12, 2024 | H-15 Adopted 6th Cycle Housing Element Implementation Programs Attachment A Implementation Program Objectives
Implements
What
Policies
Responsibility Potential Funding
Source Timeframe
information to households in lower
income areas of central Solvang.

Engage property owners annually with a
goal of increasing the number of
properties accepting Housing Choice
Vouchers by 10 percent in the planning
period.

HE-D Mobile Home and Mobile Home Park
Preservation
The City shall continue to allow and preserve mobile home parks through its previously established Mobile Home Park (MHP) designation under both its General Plan and Zoning Ordinance.

The City shall continue to allow mobile homes that adhere to the California Building Code as single-family residential use or accessory dwelling unit throughout the city. [Source:

Existing Program 4]
Maintain the Mobile Home Park (MHP)
designation under both the General Plan
and Zoning Ordinance as a means
providing mobile home as an affordable
housing option
Continue to allow mobile homes that
adhere to the California Building Code,
e.g., with permanent foundations, as a
single-family residential use.

H-2.1: Planning Division General Fund (staff
time)
Ongoing
HE-E Preservation of Community Character
The City shall preserve, protect, and promote the unique Old World Danish design theme that is prevalent in the downtown Village Area. The City will maintain a regulatory framework to preserve and enhance the community’s unique character.

The City shall develop Objective Design Standards to
preserve and maintain the City’s old world Danish design theme specific to the Village Area, which is core to the local economy. [Source: Existing Program 5, modified]
Complete stakeholder interviews with
local developers and architects to inform
design standards.

Adopt objective design standards for the
Village Area by 2025.

Publicize the City’s adopted design
standards and review processes related
to the Village Area on the City’s website
and at City Hall by 2025.

H-1.3:

H-3.1:

Planning Division
Design Review
Committee (DRC)
General Fund (staff
time)
All actions and
objectives: 2024
Housing Production
HE-F Local Workforce/Farmworker Housing
The City will continue to work in partnership with both forprofit and non-profit developers, as well as the Housing Authority of the County of Santa Barbara and People’s Self Help Housing, in providing affordable housing for working families in Solvang. The City shall encourage partnerships in Engage with workforce housing
developers, employers, and non-profits to
identify funding opportunities annually.

Create partnerships with developers
and/or non-profits in support of two grant
applications in the planning period, with a
H-2.1:

H-2.2:

Planning Division General Fund (staff
time), HOME, CDBG
Engagement:
annually
Partnerships in
pursuit of funding:

One by 2027
57 H-16 | Adopted December 11, 2023; Certified February 12, 2024 Adopted 6th Cycle Housing Element Implementation Programs Implementation Program Objectives
Implements
What
Policies
Responsibility Potential Funding
Source Timeframe
the pursuit of project-based funding and shall engage
workforce housing developers and non-profit agencies to identify potential funding opportunities. The City shall identify parcels appropriate for workforce housing in central Solvang, where access to jobs and transportation opportunities are concentrated, and shall promote these sites to affordable and workforce housing developers and potential partners annually. In combination with Program HE-L and HE-N, the City shall identify incentives for the development of lowerand moderate-income housing units in central Solvang, potentially including, but not limited to additional density bonus, flexible development standards, reduced parking
requirements, and reduced or deferred fees.
[Source: Existing Program 6, modified]
goal of obtaining $200,000 in grant
funding to support each project.

Adopt incentives for workforce housing
within two years of the adoption deadline.

Through partnership and incentives,
encourage the development of 20 very
low-income units and 20 low-income
units in central Solvang, as well as 20
units for farm workers.

Amend the Zoning Code to provide a
streamlined ministerial permit process
for qualifying farmworker housing
complexes in compliance with recent
State law amending the Health and
Safety Code (AB 1783),
Two by 2030
Information to
website: 2023
Identify parcels and
contact developers
and non-profit
housing developers
annually
Adopt incentives:
within two years of
the adoption
deadline
HE-G Density Bonus Program
The City shall continue to administer a Density Bonus
Ordinance that incentivizes affordable housing according to California Government Code 65915.

The City shall create and revise, as necessary, an
informational brochure describing the density bonus
provisions and incentives. In combination with Program F, the city shall identify vacant and underutilized parcels
appropriate for multifamily or mixed-use development in central Solvang, and shall contact local developers and nonprofit housing providers to promote these sites. [Source:

Existing Program 7, modified]
Publish an informational brochure at City
offices and on the City website in 2023.

Encourage the development of three
projects in central Solvang that include a
density bonus.

H-2.1:

H-2.2:

H-2.3:

H-2.10:

H-3.2:

Planning Division General Fund (staff
time)
2023
HE-H Accessory Dwelling Unit (ADU) and
Junior Accessory Dwelling Unit (JADU)
Development
The City shall adopt an Accessory Dwelling Unit Ordinance in compliance with State law, including AB 2299 (2016), SB 1069 (2016), AB 494 (2017), SB 229 (2017), AB 68 (2019), AB 881 (2019), AB 587 (2019), SB 13 (2019, and AB 671 (2019).

Adopt an ADU and JADU ordinance in
compliance with State law in 2023.

Through engagement and outreach, as
well as direct incentives, encourage the
construction of 64 ADUs or JADUs during
the planning period, with a goal of
developing 50 of these units in low
H-2.1:

H-2.8:

Planning Division General Fund (staff
time)
Update municipal
code: 2023
A: 2023 with annual
updates
B: 2024
C: Ongoing
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The City shall promote the development of ADUs and JADUs through outreach and education to residents and landowners.

The City shall:

A. Maintain and update informational brochures to
promote, educate, and assist homeowners with
developing ADUs and JADUs.

B. Create an information resource on the City’s
website that provides information on ADUs, JADUs,
and City requirements.

C. Provide a step-by-step guide and assistance links
to necessary applications and information.

D. Work with developers to incorporate ADUs and
JADUs into new single-family developments.

E. Complete stakeholder interviews with local
builders and homeowners to discuss potential
incentives to encourage the development of ADU
and JADU development in low density high
opportunity areas including, but not limited to,
census tracts 1901 and 1910, in line with the City’s
goals to affirmatively further fair housing; potential
incentives may include, but are not limited to,
flexible zoning requirements, deferred or waived
fees, and/or reduced parking requirements. The
City shall hold public hearings in 2024 and shall
adopt incentives by April 1, 2025.

F. Distribute information on ADU development
opportunities and available incentives through
annual advertising campaigns targeting low
density high resource areas in northern and
southern Solvang.
[Source: Existing Program 8, modified]
density high resource areas of northern
and southern Solvang.

Complete stakeholder interviews with
local developers by 2025.

Provide information on ADUs and JADUs
at Solvang Senior Center and the Solvang
Library, on the City website and at City
Hall.

D: by 2025
E: Engagement:
2023-2024; public
hearings: 2024;
adopt incentives: by
April 1, 2025
F: annually
HE-I Application for Grants and Loans
The City shall continue to investigate potential funding sources for housing and will apply for available grants and loan programs. The City shall keep a database of available funding opportunities and support local non-profit and/or forMaintain and regularly update a database of funding opportunities.

Promote funding opportunities available
to local developers on the City website.

H-2.3:

H-2.4:

H-2.6:

Planning Division General Fund (staff
time)
Database: 2023 with
annual updates
Information to
website: 2024
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Source Timeframe
profit entities applying for funding. The City shall post the list of available funding opportunities on the city website and update it annually. The City shall also maintain a list of interested parties, including developers, property owners, and non-profit agencies and shall distribute information related to available funding opportunities to the parties directly through a mailing list.

The City shall prioritize the use of grant funds to support community revitalization efforts in central Solvang, as well as new multifamily development in low density high resource areas.
[Source: Existing Program 11, modified]
Apply for a minimum of one new funding
opportunity in support of affordable
housing development in lower density
high resource areas.

Apply for a minimum of one new funding
opportunity in support of redevelopment
of underutilized commercial parcels or
substandard housing in central Solvang.

H-2.9:

H-2.10:

Apply for funding:
once in the planning
period
Provision of Adequate Sites for Housing
HE-J Adequate Sites Program
To provide adequate sites to fulfill the City’s Regional Housing Needs Allocation, the City expanded the
development capacity of residential property through zoning designation changes. The City shall monitor housing
production and rezone parcels during the planning period to maintain adequate sites for housing for all income categories throughout the planning period, in compliance with the “no net loss” provisions of Government Code Section 65863.

Lower-income sites included in the housing sites inventory with a proposed zoning change, shall be rezoned,
incompliance with Govt. Code Section 65583.2(h) and (i), to:
• permit owner-occupied and rental multifamily uses byright (without discretionary approval) for developments in which 20 percent or more of the units are affordable to lower income households.
• accommodate a minimum of 16 units per site; and
• require a minimum density of 20 units per acre.
[Source: Existing Program 12, modified]
Complete lot line adjustment for Site C
(139-530-002) within one year of the
adoption deadline.

Monitor development in accordance with
Govt. Code 65863.

Rezone sites in accordance with
65583.2(h) and (i).

Publicize and annually update a publicfacing inventory of available sites in compliance with 65583.2(c).

Update and submit an electronic copy of
the available sites inventory to HCD
annually with the Housing Element
Annual Progress Report (APR), as
required by SB 6 (2019) and make the list
available on the city website.

H-3.2: Planning Division General Fund (staff
time)
Monitor
development:
annually
Rezones: within
three years of the
adoption deadline
Public-facing
inventory: 2023
Electronic
submission to HCD:

Annually with APR
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HE-K Mixed-Use Development
The City shall encourage mixed-use development in
commercial areas and promote higher residential densities at locations proximate to shopping, employment, and public services.

The City shall revise the General Plan Land Use Element to allow mixed-use development in all commercial and
professional office designations with a maximum density of 20 dwelling units per acre and a maximum Floor Area Ratio (FAR) of 0.65 (currently 0.23-0.50). Following the General Plan Update the City will update commercial and office zones for consistency.

The city will grant mixed-use developments that include affordable and/or senior housing “priority processing” over other applications. [Source: Existing Program 13, modified] Update the General Plan (GP) to allow
mixed-used development in all
commercial and P-O zones.

Interview local stakeholders regarding
development standards appropriate to
encourage mixed use development in
2024.

Update the Zoning Code for consistency
with the General Plan and to be
responsive to stakeholder input in 2025;
encourage the production of 10 lowincome, 10 moderate and 20 above moderate income units in mixed use
developments.

Provide priority processing to mixed use
projects with special needs and/or senior
housing units to encourage the
production of: 10 very-low and 10 lowincome units.

H-3.1:

H-3.2:

Planning Division General Fund (staff
time)
GP update: 2023
Stakeholder
interviews: 2024
Zoning Code update:
within three years of
the adoption
deadline
HE-L Infill Incentives Ordinance
The City shall encourage infill development as it efficiently uses the city’s scarce land resources by promoting
development on vacant or underused parcels in
neighborhoods where infrastructure is already in place.

To better facilitate development of infill projects, the City will review and revise, as necessary, existing residential
development standards to address barriers to in-fill
development and ensure compliance with State law,
including reduced setbacks and parking requirements for affordable infill projects. As an incentive for multi-unit development on infill parcels, the City shall defer the payment of fees until just prior to the final occupancy inspection, thus minimizing a developer’s capital outlay. [Source: Existing Program 14, modified]
Within two years of the adoption
deadline, evaluate and revise, as
necessary, residential development
standards to remove constraints to multiunit infill development.

Incentivize multi-unit infill projects by
deferring payment of fees until final
occupancy.

Encourage the development of eight
multi-family units in high resource areas
or on infill parcels within the planning
period.

H-2.1:

H-2.2:

H-3.2:

Planning Division General Fund (staff
time)
Within two years of
the adoption
deadline (by
February 15, 2025)
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HE-M Lot Mergers
The City will continue to play an active role in facilitating lot mergers. The City shall collaborate with non-profit developers and owners of small sites to identify and merge parcels to facilitate the development of housing affordable to lowerincome households.

The City shall develop a ministerial approval process
incentivizing lot merger requests in support of housing development. The lot merger procedure will also be posted on the City website and discussed with developers during the preliminary review process. Incentives offered for lot mergers could include allowing higher densities and flexibility in development standards, and expedited processing. [Source:

Existing Program 15, modified]
Identify parcels with potential for lot
consolidation in 2023 and engage owners
once in the planning period.

Identify incentives to be incorporated into
the lot consolidation procedure in 2023-
2024.

Develop ministerial lot consolidation
procedure in 2024.

H-3.2: Planning Division General Fund (staff
time)
Identify parcels:
2023
Identify incentives:
2023-2024
Adopt lot
consolidation
procedure: 2024
Removal of Governmental Constraints
HE-N Affordable Housing Incentives Program
The City will implement an Affordable Housing Incentives Program to encourage private housing developers to provide affordable housing. In implementing the Program, the City shall:

A. Apply a streamlined permit processing for
affordable housing developments in compliance
with provisions under SB 35 and SB 330.

B. Provide regulatory incentives in support of
affordable housing, potentially including additional
density or FAR allowances, parking reductions
equivalent to the percentage of affordable units
provided, and deferred fees targeted to lower
income areas of central Solvang, including census
tract 1910 and block group 2 of census tract 1909.

C. Review and revise required fees, as possible, to
reduce constraints to development.

During the planning period, support
development of at least 116 lower- and
moderate-income units:
• 28 extremely low-income units
• 27 very low-income units
• 39 low-income units
• 22 moderate-income units
Adopt a streamlined ministerial approval
process for affordable housing in
compliance with SB 35.

Provide information on incentives for
affordable housing development on City
website.

Encourage the development of 10 SRO
units in central Solvang in the planning
period.

H-4.1:

H-4.2:

Planning Division General Fund (staff
time) CDBG, HOME,
LIHTC, and other,
regional, State and
Federal programs
A: 2024
B: 2024
C: Annually
D: 2023, and
updated annually
E: Annually, contact
interested parties
immediately upon
availability of funds
F: Identify parcels in
2023; engage
owners twice in the
planning period
G: Within two years
of the adoption
deadline
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D. Make information regarding incentives and funding
opportunities available in City Hall and on the City
website.

E. Use state and federal funding to help offset costs
of governmental and non-governmental constraints
to affordable housing development. As funds
become available, the City shall distribute
information to property owners, developers, and
local non-profits related to eligibility and
application for direct financial assistance.

F. Identify properties in central Solvang in proximity to jobs and transportation options with potential for
development or redevelopment as single-room
occupancy housing and provide owners with
information on Single Room Occupancies (SRO);
engage the owners of these properties as well as
market developers and non-profit housing
providers to encourage the development of SROs
on these sites.

G. Create a ministerial process for approving
residential developments in commercially zoned
areas, subject to requirements provided in
California Government Code Sections 65400 and
65585, in compliance with AB 2011 (2022)
[Source: Existing Program 17, modified]
Approve 20 multifamily units through a
ministerial review process in the planning
period.

HE-O Municipal Code Updates
The City shall review and amend the Municipal Code to
comply with State law to:

A. Allow low barrier navigation centers in mixed use
and multi-family zoned areas in compliance with
Government Code Sections 65660 and 65668 (AB
101).

B. Allow 100 percent affordable housing
developments with 25 percent or 12 units
(whichever is greater) of supportive housing by
right in all zones where mixed use and multifamily
Updated municipal code within three
years of the adoption deadline
H-4.1:

H-4.2:

Planning Division General Fund (staff
time)
All actions within
two years of the
adoption deadline
(by February 15,
2025)
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housing are permitted, in compliance with AB
2162.

C. Allow housing for agricultural employees to be
permitted by right in single family zones for up to
six persons and in agricultural zones for no more
than 12 units or 36 beds in compliance with Health
and Safety Code 17021.5 and 17021.6.

D. Remove Conditional Use Permit (CUP)
requirements for all multi-family and mixed-use
projects that provide a minimum of 20 percent
affordability to lower income households, in
compliance with State law.

E. Adopt the most-recent edition to the California
Building Code.

F. Allow lot splits and ADUs in compliance with SB 9.

G. Allow residential and mixed use projects that meet
the provisions of California Government Code
Sections 65913.4 and 65852.24, in all commercial
zones in compliance with SB 6 (2022).

H. Allow for emergency shelters in compliance with
recent amendments to Government Code section
65583 subdivision (a)(4), including providing an
updated capacity analysis that accounts for
development activity (if any) on the sites currently
identified as capacity to meet the local need, and
revising the emergency shelter definition to include
interim interventions.

I. Allow for transitional and supportive housing in
compliance with AB 2162, including, but not limited
to, permitting these uses in all zones allowing
residential uses, including the AG zone, subject
only to the requirements of residential uses of the
similar type and form in the same zone.

J. Allow single-room occupancy units (SROs) in
commercial and mixed-use zones.
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Policies
Responsibility Potential Funding
Source Timeframe
K. Allow manufactured housing in the same manner
and in the same zones as conventional stick-built
structured in compliance with Government Code
Section 65852.3).

L. Allow residential care facilities of six or fewer in zones allowing single-family uses, subject only to
the requirements of single-family uses, in
compliance with State law (HSC § 1568.0831); and
permit facilities with seven or more beds in all
zones allowing residential uses with objectivity and
certainty similar to other residential uses of the
same form. [Source: New Program]
HE-P Affirmatively Furthering Fair Housing
The City shall address disparities in housing needs and access to opportunity for all persons regardless race, color, religion, sex, national origin, familial status, disability, gender, gender identity, gender expression, sexual orientation, marital status, ancestry, veteran or military status, source of income, and genetic information as protected categories by the
California Fair Employment and Housing Act (Part 2.8
[commencing with Section 12900] of Division 3 of Title 2), Section 65008, and any other state and federal fair housing and planning law.

The City supports fair housing and will refer all alleged cases of discrimination to the State Office of Fair Employment and Housing and the California Rural Legal Assistance (CRLA).

The City also supports equal opportunity lending programs and non-discriminatory practices in the selection of residents for participation in local housing assistance programs.

The City identified barriers to fair housing through the Affirmatively Furthering Fair Housing Assessment. Actions the City will take to address the identified barriers and foster an inclusive community, include:
• Fair housing enforcement and outreach: Programs
HE-P (action A-D) and HE-V
A. Provide educational information on fair
housing to the public through distribution
of a fair housing brochure. The brochure
will be made available at the Solvang
Senior Center, the Solvang Library, City
Hall, and on the City website.

B. Provide a minimum of one
informational event on fair housing rights,
fair housing resources, and common
predatory practices, especially related to
older adults in partnership with Santa
Barbara County and other public and nonprofit agencies targeting central Solvang.

C. Provide information to property owners
and managers on fair housing laws and
regulations on the City’s website by 2025.

D. Continue to support efforts by the
Housing Authority of the County of Santa
Barbara and engage the Housing
Authority every two years to identify and
implement opportunities to expand
enforcement efforts and testing,
particularly in central Solvang.

E. Work with Santa Ynez Valley Transit to
make the application for Dial-A-Ride
services more accessible, by potentially
H-5.1:

H-5.2:

H-5.3:

Planning Division General Fund (staff
time)
A: 2024
B: by 2026
C: by 2025
D: Engage Housing
Authority annually
E: by 2027
F: by 2026
G: By 2024
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Responsibility Potential Funding
Source Timeframe
• Housing stock age and lack of diversity: Programs
HE-A, HE-B, HE-H, HE-J, HE-K, HE-O, and HE-U
• Lack of affordable housing: Programs HE-C, HE-F,
HE-G, HE-M, HE-N, HE-O, and HE-U
• Residents vulnerable to displacement: Programs
HE-F, HE-G, HE-I, HE-J, HE-K, HE-M, HE-N, HE-O, HEP (action G), and HE-R • Limited transit access: HE-P (actions E and F)
The City has included additional objectives with this program.

The City shall monitor progress toward these objectives annually in the Annual Progress Report and shall implement additional measures, as necessary. [Source: Existing Program 18, modified]
removing requirements for ADA
certification and physician sign off.

F. Work with local organizations,
particularly those that serve seniors and
persons with disabilities, to distribute
information on transit options.

G: Through the General Plan Update,
adopt programs that work to encourage
business diversification in new mixed-use
developments, as well as to encourage
new businesses and visitor attractions
that would enhance the existing business
mix, particularly in central Solvang where
lower income households, jobs, and
transportation options exist in higher
concentrations.

HE-Q Housing for Disabled Persons
The City will support the development, preservation, and rehabilitation of units accessible to seniors and persons with disabilities, including developmental disabilities.

A. The City will encourage new developments to
provide a portion of units to meet the special
housing needs of seniors and persons with
disabilities, including developmental disabilities
B. The City shall pursue funding to assist with
construction and rehabilitation needs of housing
accessible to lower- and moderate-income persons
with a disability, including developmental
disabilities, and/or seniors
C. The City shall engage residents, developers, and
service providers to determine constraints to
accessible housing
D. Evaluate and revise, as necessary, the reasonable
accommodation ordinance by 2026
A. Identify funding opportunities annually;
pursue one funding opportunity during
the planning period, with priority given to
projects in central Solvang in proximity to
transit opportunities.

E. Identify parcels appropriate for the
development of housing for senior or
residents; promote this list on the City
website within six months of
identification.

During the Planning Period, encourage
the development of 20 units accessible to
seniors and 20 units accessible to
persons with disabilities in central
Solvang.

H-2.10:

H-5.1:

Planning Division General Fund (staff
time)
A: on a project-byproject basis
B: identify funding
annually; pursue at
least one
opportunity by 2031
C: 2024
D: by 2026
E: by 2024
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E. Encourage new affordable housing for seniors and
persons with a disability in central Solvang where
public transit opportunities are concentrated.
[Source: Existing Program 19, modified]
HE-R Universal Design
The City shall adopt a universal design ordinance that works to accommodate a wide range of abilities including children, aging populations, and persons with disabilities. The City will work with local homebuilders to encourage the integration of universal design features in new construction, and will also encourage discussion of design options with home
purchasers prior to unit construction.
[Source: Existing Program 20, modified]
Evaluate and consider the model
ordinance prepared by the State of
California.

Adopt a universal design ordinance.

Provide information on universal design
techniques and the universal design
ordinance to developers and on the City
website.

H-2.3:

H-2.5:

H-2.10:

H-5.1:

Planning Division General Fund (staff
time)
Consider model
ordinances: by 2024
Adopt ordinance: by
2025
Information to
developers and
website: 2023 and
updated annually
HE-S Emergency Shelters and Transitional
and Supportive Housing
The City will promote and facilitate emergency, transitional and supportive housing facilities, including low-barrier navigation centers, in the following manner:

A. The City will contact religious institutions in
Solvang to inform them of the provisions of the
City's zoning ordinance allowing for emergency
shelters, transitional, and supportive housing.

B. The City will contact public agencies and non-profit organizations that serve homeless and nearhomeless clients in the area to inform them of the City's provisions.

C. The City will provide application assistance as
necessary to support funding requests for
emergency shelter or transitional and supportive
housing requests.

D. The City will meet annually with homeless service
providers to evaluate current and future needs for
an emergency shelter or transitional and supportive
Provide informational materials related to
emergency shelters, and transitional and
supportive housing, zoning regulations,
and funding opportunities to religions
institutions, public agencies, and service
providers.

Provide application support/technical
assistance in support of three funding
pursuits.

Identify funding opportunities annually.

H-2.1:

H-2.4:

H-2.10:

Planning Division General Fund (staff
time) HUD: Emergency
Solutions Grant
Program (ESG) or
Continuum of Care
Program (CoC)
United States
Department of
Agriculture (USDA):

Community Facilities
A: 2025
B: 2025
C: one by 2026, two
by 2028, 3 by 2031
D: Annually
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housing facility in Solvang. Should the need for
such facilities arise, the City will provide assistance in accessing state or federal funding for such
facilities by partnering with service providers, nonprofit agencies, and the Santa Barbara County Continuum of Care in the pursuit of grants.
[Source: Existing Program 21, modified]
HE-T Energy Conservation
The City is dedicated to assisting developers, renters, and property owners to increase their energy conservation
opportunities to encourage the incorporation of energy
saving features, energy saving materials, and energy efficient systems and design for residential development. The City recognizes that planning to maximize energy efficiency and the incorporation of energy conservation and green building features can contribute to reduced housing costs for
homeowners and renters, in addition to promoting
sustainable community design and reduced dependence on
vehicles. To promote energy conservation, the City shall:

A. Adopt the most recent California Green Building
Standards Code (CALGreen).

B. Provide public information on energy conservation
programs and alternative energy technologies to
residential developers, contractors, and property
owners through the City website.

C. Encourage the use of alternative energy
technologies in new and rehabilitated housing.
[Source: Existing Program 22, modified]
Adopt the most recent Green Building
Standards Code, as released.

Provide information on energy
conservation programs on the City
website.

H-4.4: Planning Division General Fund (staff
time)
A: within one year of
updates to
CALGreen
B: by 2025
C: on a project-byproject basis
HE-U Missing Middle Housing
The City will review and amend residential development
standards to encourage and promote a mix of dwelling types and sizes, specifically missing middle-density housing types (e.g., duplexes, triplexes, courtyard buildings, townhomes) to Evaluate development standards within
the zoning code by 2024
To enhance housing mobility and housing
choice, encourage the development of a
variety of missing middle housing types
in infill projects; support the development
H-2.1:

H-2.2:

H-3.2:

H-4.2:

Planning Division General Fund (staff
time)
2023-2031
Evaluate
development
standards: 2023
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encourage the development of housing types affordable to the local workforce.

Specifically, the City shall evaluate zoning standards related to minimum lot size and width, maximum lot coverage,
required setbacks, open space and landscaping
requirements, and parking ratios, particularly in high resource, low-density, infill parcels. The City shall meet with local developers, property owners, and non-profits agencies to identify constraints and potential incentives to infill and missing middle development in 2023 and shall adopt revised standards for such projects by June 30, 2024. [Source: New Program]
of two missing middle housing
developments between two and 8 units
To enhance housing mobility, encourage
the development of 8 moderate-income
units in high resource areas
Adopt revised
standards: by June
30, 2024
HE-V Housing Information Transparency
The City will, in accordance with AB 1483 (2019), obtain, maintain, update, and make publicly available information related to zoning ordinances, development standards, fees, exactions, affordability requirements, and fair housing laws from the Department of Housing and Community
Development, State Fair Employment, and Housing
Commission’s enforcement program, as well as programs
and funding sources for homeowners at risk of foreclosure, the State Historic Building Code, and information on energy conservation opportunities.

The City will, as appropriate, share this information on the City website and/or in hard copy form at City offices. Any changes to such information shall be made public within 30 days of changes. The City will provide these items in Spanish, as funding and staff time allows. [Source: New Program] Create and share a digital information
database in compliance with AB 1483 by
2024
Updated information is made publicly
available within 30 days of changes
Provide information in Spanish, as
funding allows
H-4.2: Planning Division General Fund (staff
time)
By 2024, and
updated regularly
HE-W Surplus and Excess Public Land
The City will, in accordance with AB 1486 (2019) and AB 1255 (2019), annually identify and inventory a list of sites owned by the City that have been sold, leased, or otherwise disposed of in the prior year. This inventory shall be publicly available and be included in the Housing Element annual report presented to the City Council and submitted to HCD. [Source: New Program]
Regularly maintain an inventory of
publicly owned surplus or excess land on
the City website
Annually release information regarding
publicly owned sites that have been sold,
leased, or disposed of
H-4.2: Planning Division General Fund (staff
time)
Annually
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Source Timeframe
HE-X Anti-Displacement Strategy
In combination with programs included in this Housing
Element, the City shall adopt a multi-pronged antidisplacement strategy to work to relieve displacement pressures caused by the increasing income gap and
increasing housing costs in the City. The strategy shall include measures that encourage affordable housing
production, work to preserve existing affordable housing, and protect current residents from displacement in rapidly
changing portions of the City, particularly in central Solvang where lower income households exist in higher
concentrations.

The anti-displacement strategy may include, but is not limited to, the following potential efforts:

Production: increase multifamily residential and mixed-use opportunities in commercial, office, and mixed-use areas beyond capacity to meet the RHNA; allow duplexes, triplexes, and multiple JADUs in lower density high resource areas; adopt an inclusionary housing ordinance.

Preservation: create partnerships with the Housing Authority to support acquisition of affordable units at-risk of
conversion to market rate; identify a code enforcement
specialist on staff that can provide technical assistance and information to property owners of lower income units to address code enforcement issues; seek funding to support rehabilitation of substandard multifamily units; establish a rent control ordinance; restrict conversion of existing units occupied by lower-income households to short term rentals; require replacement of all lower income units lost due to redevelopment.

Protect Current Residents: ensure first right of return to existing residents; establish a just cause eviction policy; develop an engagement strategy to disseminate information on tenant protections and available resources.

Discuss issues, opportunities, and
potential anti-displacement measures
with the public through events targeting
central Solvang, seniors, and residents
with a disability.

Adopt an anti-displacement strategy in
2025.

Preserve all existing affordable units.

Encourage the development of 50 lower
income units (beyond the RHNA), with a
target of 75 percent for seniors, residents
with a disability, and farmworkers.

Ensure housing options for the local
workforce, particularly those in the retail
or tourist-serving industries.

H-1.1
H-1.4
H-1.5
H-2.1
H-2.2
H-2.3
H-2.4
H-2.10
H-5.1
Planning Division General Fund (staff
time)
Engagement to
identify and evaluate
potential antidisplacement
measures: in 2023
and 2024
Public hearings and
adoption: in 2025
70 Adopted December 11, 2023; Certified February 12, 2024 | H-29 Adopted 6th Cycle Housing Element Implementation Programs Attachment A Implementation Program Objectives
Implements
What
Policies
Responsibility Potential Funding
Source Timeframe
HE-Y Objective Design Standards for By-Right
Multifamily Projects
The City shall work to remove constraints to housing
development imposed by design review and development
plan requirements.

As of 2023, most new development projects within the City, including multifamily residential developments, duplex units, townhomes, mixed-use developments, and condominiums,
have required review and approval by the Design Review
Committee (DRC). The City’s design guidelines, however, include subjective findings related to neighborhood
compatibility that are potential constraints. In response to these potential constraints, the City shall develop Objective Design Standards for multifamily development that improve development certainty, mitigate cost impacts, and are
approved without the need for project review by the DRC.

Further, Development Plans, which are required in the City’s primary multifamily zones (TRC, DR, and PRD zones), impose discretionary review on by-right residential uses in these zones, as well an additional public hearing. This process adds additional time and costs to the approval process and is a constraint to the development of by-right multifamily uses.

To mitigate this constraint, the City shall develop a ministerial review process for by-right multifamily uses in multifamily zones. The process will include Objective Design Standards, with specific standards related to the TRC zone (see program HE-E) and will not include subjective findings or discretionary approvals.

A. Review and evaluate current design
guidelines, including completing
stakeholder interviews with members of
the Design Review Committee, and
release a report documenting the findings
of the evaluation.

B. Draft Objective Design Standards for
by-right multifamily residential
development for public review.

C. Adopt Objective Design Standards in
2025.

D. Evaluate the Development Plan
process to identify necessary objective
provisions, as well as constraints to
multifamily development.

E. Amend the Zoning Code to provide a
ministerial review pathway to project
approval that incorporates necessary
objective provisions from the existing
Development Plan process but does not
impose subjective criteria or discretionary
approvals.

H-1.3:

H-3.1:

H-4.2:

Planning Division
Design Review
Committee (DRC)
General Fund (staff
time)
Actions A, B, and D:
2024
Actions C and E:
2025
71 STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
February 12, 2024
Randy Murphy, City Manager
City of Solvang
1644 Oak Street
Solvang, CA 93463
Dear Randy Murphy:

RE: City of Solvang’s 6th Cycle (2023-2031) Adopted Housing Element Thank you for submitting the City of Solvang’s (City) housing element that was adopted December 11, 2023, and received for review on December 14, 2023. Pursuant to Government Code section 65585, the California Department of Housing and Community Development (HCD) is reporting the results of its review.

HCD is pleased to find the adopted housing element in substantial compliance with State Housing Element Law (Gov. Code, § 65580 et seq) as of the date of this letter.

The adopted element addresses the statutory requirements that were described in HCD’s May 16, 2023 review.

Additionally, the City must continue timely and effective implementation of all programs including but not limited to the following:
• Program HE-F (Local Workforce/Farmworker Housing)
• Program HE-G (Density Bonus Program)
• Program HE-H (Accessory Dwelling Unit (ADU) Development) • Program HE-J (Adequate Sites Program)
• Program HE-K (Mixed Use Development)
• Program HE-N (Affordable Housing Incentives Program)
• Program HE-O (Municipal Code Updates)
• Program HE-P (Affirmatively Furthering Fair Housing)
• Program HE-Q (Housing for Disabled Persons)
• Program HE-S (Emergency Shelters and Transitional and Supportive Housing) • Program HE-U (Missing Middle Housing)
• Program HE-X (Anti-Displacement Strategy)
• Program HE-Y (Objective Design Standards for By-Right Multifamily Projects) 72 Randy Murphy, City Manager

Page 2 ends

The City must monitor and report on the results of these and other programs through the annual progress report, required pursuant to Government Code section 65400.

Please be aware, Government Code section 65585, subdivision (i) grants HCD authority to review any action or failure to act by a local government that it determines is inconsistent with an adopted housing element or housing element law. This includes failure to implement program actions included in the housing element. HCD may revoke housing element compliance if the local government’s actions do not comply with state law.

Pursuant to Assembly Bill 1398 (Chapter 358, Statutes of 2021), as the City did not adopt a compliant housing element within 120 days of the statutory deadline (February 15, 2023), Programs to make prior identified sites available or address a shortfall of capacity to accommodate the regional housing need allocation (RHNA) (e.g., Program HE-J: Adequate Sites Program) must be completed no later than February 15, 2024.

The City must send confirmation of the completion of the rezones and appropriate documentation including to HCD no later than February 19, 2024. Otherwise, the local government’s will receive a corrective action letter warning the housing element may no longer comply with State Housing Element Law, and HCD may revoke its finding of substantial compliance pursuant to Government Code section 65585, subdivision (i).

Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant, the Strategic Growth Council and HCD’s Affordable Housing and Sustainable Communities program, and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the City now meets housing element requirements for these and other funding sources.

HCD appreciates the hard work and dedication the housing element update team provided throughout the housing element review and update process. HCD wishes the City success in implementing its housing element and looks forward to following its progress through the General Plan annual progress reports pursuant to Government Code section 65400. If HCD can provide assistance in implementing the housing element, please contact Laurissa Wells, of our staff, at [email protected].

Sincerely,
Paul McDougall
Senior Program Manager
73 ORD 24-0376: Recreation (REC) to Open Space (OS) Rezone ORDINANCE NO. 24-0376

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOLVANG, CALIFORNIA-REZONING APN 137-290-024 AND 137-310-001 FROM RECREATIONAL (REC) TO OPEN SPACE (OS) AND

AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SOLVANG TO REFLECT THE SAME WHEREAS, California Government Code Section 65300 requires the City of Solvang (“City”) to adopt and maintain a General Plan that contains certain elements, describes the City’s long-term goals for growth and development, and identifies policies and programs to achieve those goals; and WHEREAS, in 2020, the City of Solvang (“City”) began the process to comprehensively update the City’s General Plan and prepare the 2045 General Plan Update; and WHEREAS, in conformance with State Law, the City elicited public input and involvement on the 2045 General Plan Update, provided opportunities for consultation to affected public agencies and California Native American tribes on the 2045 General Plan Update, and drafted the 2045 General Plan Update to contain all mandatory elements of a general plan; and WHEREAS, on December 11, 2023 the City Council of the City of Solvang (“City Council”) adopted Resolution No. 23-1238 adopting the 6th Cycle Housing Element (2023-2031) of the General Plan and determined the action was exempt from the California Environmental Quality Act (“CEQA”) (Public Resources Code Section 21000 et seq.) because it can be seen with certainty that there is no possibility the Housing Element, which does not approve any development project, or other physical change to the environment and is a policy document setting forth the City’s policies to plan for City’s regional housing needs allocation, may have a significant effect on the environment; and WHEREAS, on February 12, 2024, the California Department of Housing and Community Development (HCD) conditionally certified the City of Solvang 6th Cycle Housing Element; and WHEREAS, on March 25, 2024 after a duly noticed public hearing, the City Council introduced Ordinance No. 24-0372 amending the zoning map to rezone two parcels, identified as Parcel B and Parcel D in the Housing Element, adopted Resolution No. 24-1245 amending the General Plan to make the corresponding general plan and land use designation amendments consistent with the density identified in the certified Housing Element, and adopted Resolution No. 24-1244 to adopt a mitigated negative declaration for this rezone and general plan amendment. On April 8, 2024, the City Council adopted Ordinance No. 24-0372 amending Title 11 (Zoning Ordinance) of the Solvang Municipal Code and the Official Zoning Map of the City of Solvang to rezone Parcel B and Parcel D to DR-20 to implement the certified Housing Element; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the City prepared a Final Environmental Impact Report (“Final EIR”) for the 2045 General Plan representing the City’s independent judgment and analysis and prepared CEQA Findings of Fact, Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program (“MMRP”); and

WHEREAS, at a duly noticed public hearing on July 8, 2024, the City Council adopted Resolution No. 24-1253 certifying the Final EIR for the 2045 General Plan (SCH #2023060448) and adopting the corresponding CEQA Findings of Fact, Statement of Overriding Considerations, and the MMRP; and
WHEREAS, on July 8, 2024 after a duly noticed public hearing and in conformance with Government Code Section 65302, describing the mandatory elements of a general plan, the City Council adopted the 2045 Solvang General Plan containing the following chapters, thereby addressing all mandatory elements other than the previously certified 6th Cycle Housing Element: Land Use, Mobility, Environment and Sustainability, Safety and Public Facilities, Services, and Infrastructure; and 74 ORD 24-0376: Recreation (REC) to Open Space (OS) Rezone WHEREAS, in the aforementioned amendments to the General Plan, APN 139-211-004, a piece of property currently owned by the City and located within the Village Area, inadvertently remained designated Tourist Commercial (TRC); and,
WHEREAS, to conform the land use designation of APN 139-211-004 with existing and proposed future uses that accommodate locating all city vehicles off-street instead of utilizing existing public parking, and facilitate the transition of transit bus from carbon emitting fuel to electric vehicles, consistent with adopted transit policies of the 2045 General Plan, Resolution No. 24-1275 amends the General Plan Land Use Map to designate APN 139-211-004 as Public/Institutional (PI) and amends Table 2.1 of the 2045 General Plan to update the zoning designations and the FAR consistent with the below describe zoning code update (collectively referred to as the “General Plan Amendments”); and WHEREAS, California Government Code Section 65860 requires the City’s zoning ordinances to be consistent with its General Plan such that the land uses authorized by the zoning ordinance are compatible with the objectives, policies, general land uses, and programs specified in the General Plan; and
WHEREAS, to implement the 2045 General Plan, including the 6th Cycle Housing Element (2023-2031), expand the City’s residential capacity through zoning designation changes to facilitate the City’s compliance with its regional housing needs assessment (RHNA), to streamline development, and to modernize the City’s zoning regulations and make other conforming edits, the City prepared changes to repeal and replace Title 11 (Zoning Ordinance), including the Official Zoning Map of the City of Solvang; and
WHEREAS, pursuant to CEQA, the City evaluated the General Plan Amendments and the repeal and replace of Title 11 (Zoning Regulations), including the Official Zoning Map of the City of Solvang in an Addendum to the Final EIR for the 2045 General Plan (the “Addendum”); and WHEREAS, pursuant to Government Code Sections 65853 – 65855, the Planning Commission held a duly noticed public hearing on November 9, 2024 at which time all interested persons were given the opportunity to comment on the repeal and replace of Title 11 (Zoning Regulations), including the Official Zoning Map of the City of Solvang; and
WHEREAS, pursuant to Section 18706 of Title 2, Division 6, Chapter 7, Article 1 of the California Code of Regulations, due to conflicts of interests among one or more Commissioners, the Planning Commission segmented the decision to repeal and replace of Title 11 (Zoning Regulations), including the Official Zoning Map of the City of Solvang as shown in Resolutions 24-06, 24-07, and 24- 08; and
WHEREAS, after such duly noticed public hearing on November 4, 2024, and consistent with the above described segmented decisions, the Planning Commission adopted Resolutions 24-06, 24- 07, and 24-08 recommending the City Council repeal and replace Title 11 of the Solvang Municipal Code, including the Official Zoning Map of the City of Solvang, amend the 2045 General Plan consistent with General Plan Amendments, adopt the Addendum to make the zoning ordinance consistent with the 2045 General Plan, modernize the City’s zoning regulations, streamline permit procedures, and make other conforming edits; and
WHEREAS, on November 25, 2024, after a duly noticed public hearing which provided for an opportunity for public comment, the City Council adopted Resolution No. 24-1272 thereby adopting the Addendum; and,
WHEREAS, on November 25, 2024 the City Council adopted Resolution No. 24-1273 thereby the General Plan Amendments; and
75 ORD 24-0376: Recreation (REC) to Open Space (OS) Rezone WHEREAS, the City Council finds it necessary to repeal and replace Title 11 of the Solvang Municipal Code, including the Official Zoning Map of the City of Solvang, for consistency with the 2045 General Plan, to implement the 6th Cycle Housing Element (2023-2031), including meeting the residential capacity requirements under RHNA, to modernize the City’s zoning regulations, streamline permit procedures, and make other conforming edits; and WHEREAS, pursuant to Section 18706 of Title 2, Division 6, Chapter 7, Article 1 of the California Code of Regulations, due to conflicts of interest, the City Council segmented the decision regarding rezoning of APNs 137-290-013, 012, 022, 024, 029, AND 137-310-001 from Recreational (REC) to Open Space (OS); and
WHEREAS, Councilmember E. Orona recused herself from consideration of the rezoning of APNs 137-290-024 AND 137-310-001 due to conflicts of interest; and WHEREAS, the remaining Councilmembers considered the rezoning of APNs 137-290-024 AND 137-310-001 from Recreational (REC) to Open Space (OS) and found the proposed amendment (i) in the interests of the general community welfare, (ii) consistent with the general plan and the requirements of state planning and zoning laws, and (iii) consistent with good zoning and planning practices.

NOW, THEREFORE, the people of the chartered City of Solvang do ordain as follows:

SECTION 1. The Recitals set forth above are true and correct and are adopted as findings in support of this Ordinance.

SECTION 2. In accordance with Section 18706 of Title 2, Division 6, Chapter 7, Article 1 of the California Code of Regulations, the City Council segmented decisions regarding rezoning APNs 137- 290-024 AND 137-310-001 from Recreational (REC) to Open Space (OS) due to Councilmember E.

Orona’s financial interests pursuant to the Political Reform Act (Government Code § 81000 et seq.).

Due to a conflict of interest, Councilmember E. Orona recused herself from consideration of the rezone of APNs 137-290-024 AND 137-310-001.

The remaining Councilmembers hereby rezone APNs 137-290-024 AND 137-310-001 from Recreational (REC) to Open Space (OS), and amend the Official Zoning Map of the City of Solvang to reflect the same, as shown in Exhibit B to Ordinance No. 24-0378.

SECTION 3. This Ordinance has been reviewed for compliance with the California Environmental Quality Act, the CEQA Guidelines (Title 14, Division 6, Chapter 3 of the California Code of Regulations), and the City’s environmental procedures and on November 25, 2024 the City Council adopted Resolution 24-1272 thereby adopting an Addendum to the Final EIR for the Solvang 2045 General Plan.

SECTION 4. If any section, subsection, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction or preempted by State or Federal legislation, such decision or legislation shall not affect the validity of the remaining provisions of this ordinance.

SECTION 5. Solvang is a Charter City and has adopted its own rules for summarizing and posting ordinances once they are adopted. A summary of this ordinance will be prepared by the City Clerk. The summary will be posted in three locations after adoption as directed in the Solvang Municipal Code. A true and correct copy of the full ordinance together with a record of the vote of each council member shall be kept by the City Clerk.

SECTION 6. This Ordinance shall take effect thirty (30) days after its passage. 76 ORD 24-0376: Recreation (REC) to Open Space (OS) Rezone PASSED, APPROVED, AND ADOPTED on this 9th day of December 2024. __________________________________
Mark Infanti, Mayor
APPROVED AS TO FORM: ATTEST:
_________________________________ __________________________________ Chelsea O’Sullivan, City Attorney Annamarie Porter, City Clerk 77 ORD 24-0376: Recreation (REC) to Open Space (OS) Rezone

STATE OF CALIFORNIA )

COUNTY OF SANTA BARBARA )

CITY OF SOLVANG )
I, Annamarie Porter, City Clerk of the City of Solvang, California do hereby certify that the foregoing Ordinance No. 24-376 was duly introduced at a regular meeting of the City Council held on the 25th day of November 2024, and was duly adopted at a regular meeting of said City Council held on the 9th day of December 2024, and thereafter signed and approved by the Mayor and attested by the City Clerk, and that said Ordinance was adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Annamarie Porter, City Clerk
78 ORD 24-0377: Zoning Map Amendments Segmentations
ORDINANCE NO. 24-0377

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOLVANG, CALIFORNIA CREATING THE VILLAGE DESIGN DISTRICT OVERLAY ZONE (DD-1); AMENDING THE STANDARDS FOR THE PROFESSIONAL OFFICE (PO) ZONE; REZONING THE TOURIST COMMERCIAL (TRC) ZONE TO VILLAGE MIXED-USE (VMU); REZONING THE INSTITUTIONAL (I) ZONE TO PUBLIC/INSTITUTIONAL (PI); REZONING THE COMMERCIAL RETAIL (C-2) ZONE TO RETAIL COMMERCIAL (CR); REZONING APN 139-300-001 (CREEKSIDE OPEN SPACE) FROM RECREATIONAL (REC) TO OPEN SPACE (OS); REZONING APN 139-181-014 (SOLVANG PARK) FROM RECREATIONAL (REC) TO PARKS (P); REZONING APN 139-181-061 (PARKING LOT ACROSS FROM SOLVANG PARK), APN 139-173-018 (PARKING LOT BETWEEN MISSION STREET AND COPENHAGEN DRIVE), APN 139-174-040 AND APN 139-174-042 (OAK STREET PARKING LOT), APN 139-191-008 (ANNEX BUILDING), APN 139-240-058 (ALISAL PARKING LOT), APN 139-211-004 (STORAGE YARD ACROSS FROM CITY HALL/FIRE DEPARTMENT), APN 139-213-001 (CITY HALL PARKING LOT), AND APN 139-213-016 (CITY HALL) FROM TOURIST COMMERCIAL (TRC) TO PUBLIC/INSTITUTIONAL (PI); AND AMENDING THE OFFICIAL ZONING MAP AND TITLE 11 (ZONING ORDINANCE) OF THE SOLVANG MUNICIPAL CODE TO REFLECT

THE SAME
WHEREAS, California Government Code Section 65300 requires the City of Solvang (“City”) to adopt and maintain a General Plan that contains certain elements, describes the City’s long-term goals for growth and development, and identifies policies and programs to achieve those goals; and WHEREAS, in 2020, the City of Solvang (“City”) began the process to comprehensively update the City’s General Plan and prepare the 2045 General Plan Update; and WHEREAS, in conformance with State Law, the City elicited public input and involvement on the 2045 General Plan Update, provided opportunities for consultation to affected public agencies and California Native American tribes on the 2045 General Plan Update, and drafted the 2045 General Plan Update to contain all mandatory elements of a general plan; and WHEREAS, on December 11, 2023 the City Council of the City of Solvang (“City Council”) adopted Resolution No. 23-1238 adopting the 6th Cycle Housing Element (2023-2031) of the General Plan and determined the action was exempt from the California Environmental Quality Act (“CEQA”) (Public Resources Code Section 21000 et seq.) because it can be seen with certainty that there is no possibility the Housing Element, which does not approve any development project, or other physical change to the environment and is a policy document setting forth the City’s policies to plan for City’s regional housing needs allocation, may have a significant effect on the environment; and WHEREAS, on February 12, 2024, the California Department of Housing and Community Development (HCD) conditionally certified the City of Solvang 6th Cycle Housing Element; and WHEREAS, on March 25, 2024 after a duly noticed public hearing, the City Council introduced Ordinance No. 24-0372 amending the zoning map to rezone two parcels, identified as Parcel B and Parcel D in the Housing Element, adopted Resolution No. 24-1245 amending the General Plan to make the corresponding general plan and land use designation amendments consistent with the density identified in the certified Housing Element, and adopted Resolution No. 24-1244 to adopt a mitigated negative declaration for this rezone and general plan amendment. On April 8, 2024, the City Council adopted Ordinance No. 24-0372 amending Title 11 (Zoning Ordinance) of the Solvang Municipal Code and the Official Zoning Map of the City of Solvang to rezone Parcel B and Parcel D to DR-20 to implement the certified Housing Element; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the City prepared a Final Environmental Impact Report (“Final EIR”) for the 2045 General Plan representing the City’s 79 ORD 24-0377: Zoning Map Amendments Segmentations
independent judgment and analysis and prepared CEQA Findings of Fact, Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program (“MMRP”); and

WHEREAS, at a duly noticed public hearing on July 8, 2024, the City Council adopted Resolution No. 24-1253 certifying the Final EIR for the 2045 General Plan (SCH #2023060448) and adopting the corresponding CEQA Findings of Fact, Statement of Overriding Considerations, and the MMRP; and
WHEREAS, on July 8, 2024 after a duly noticed public hearing and in conformance with Government Code Section 65302, describing the mandatory elements of a general plan, the City Council adopted the 2045 Solvang General Plan containing the following chapters, thereby addressing all mandatory elements other than the previously certified 6th Cycle Housing Element: Land Use, Mobility, Environment and Sustainability, Safety and Public Facilities, Services, and Infrastructure; and WHEREAS, in the aforementioned amendments to the General Plan, APN 139-211-004, a piece of property currently owned by the City and located within the Village Area, inadvertently remained designated Tourist Commercial (TRC); and,
WHEREAS, to conform the land use designation of APN 139-211-004 with existing and proposed future uses that accommodate locating all city vehicles off-street instead of utilizing existing public parking, and facilitate the transition of transit bus from carbon emitting fuel to electric vehicles, consistent with adopted transit policies of the 2045 General Plan, Resolution No. 24-1273 amends the General Plan Land Use Map to designate APN 139-211-004 as Public/Institutional (PI) and amends Table 2.1 of the 2045 General Plan to update the zoning designations and the FAR consistent with the below describe zoning code update (collectively referred to as the “General Plan Amendments”); and WHEREAS, California Government Code Section 65860 requires the City’s zoning ordinances to be consistent with its General Plan such that the land uses authorized by the zoning ordinance are compatible with the objectives, policies, general land uses, and programs specified in the General Plan; and
WHEREAS, to implement the 2045 General Plan, including the 6th Cycle Housing Element (2023-2031), expand the City’s residential capacity through zoning designation changes to facilitate the City’s compliance with its regional housing needs assessment (RHNA), to streamline development, to modernize the City’s zoning regulations and make other conforming edits, the City prepared changes to repeal and replace Title 11 (Zoning Ordinance), including the Official Zoning Map of the City of Solvang; and
WHEREAS, pursuant to CEQA, the City evaluated the General Plan Amendments and the repeal and replace of Title 11 (Zoning Regulations), including the Official Zoning Map of the City of Solvang in an Addendum to the Final EIR for the 2045 General Plan (“the Addendum”); and WHEREAS, pursuant to Government Code Sections 65853 – 65855, the Planning Commission held a duly noticed public hearing on November 9, 2024, at which time all interested persons were given the opportunity to comment on the repeal and replace of Title 11 (Zoning Regulations), including the Official Zoning Map of the City of Solvang; and
WHEREAS, pursuant to Section 18706 of Title 2, Division 6, Chapter 7, Article 1 of the California Code of Regulations, due to conflicts of interests among one or more Commissioners, the Planning Commission segmented the decision to repeal and replace of Title 11 (Zoning Regulations), including the Official Zoning Map of the City of Solvang as shown in Resolutions 24-06, 24-07, and 24- 08; and
WHEREAS, after such duly noticed public hearing on November 4, 2024, and consistent with the above described segmented decisions, the Planning Commissions adopted Resolutions 24-06, 24- 80 ORD 24-0377: Zoning Map Amendments Segmentations
07, and 24-08 recommending the City Council repeal and replace Title 11 of the Solvang Municipal Code, including the Official Zoning Map of the City of Solvang, amend the 2045 General Plan consistent with the General Plan Amendments, and adopt the Addendum to make the zoning ordinance consistent with the 2045 General Plan, to modernize the City’s zoning regulations, streamline permit procedures, and make other conforming edits; and
WHEREAS, on November 25, 2024, after a duly noticed public hearing which provided for an opportunity for public comment, the City Council adopted Resolution No. 24-1272 thereby adopting the Addendum; and
WHEREAS, on November 25, 2024 the City Council adopted Resolution No. 24-1273 thereby adopting the General Plan Amendments; and
WHEREAS, the City Council finds it necessary to repeal and replace Title 11 of the Solvang Municipal Code, including the Official Zoning Map of the City of Solvang, to be consistent with the 2045 General Plan, implement the 6th Cycle Housing Element (2023-2031), including meeting the residential capacity requirements under RHNA, streamline development standards and procedures in the City, and make other conforming edits; and
WHEREAS, pursuant to Section 18706 of Title 2, Division 6, Chapter 7, Article 1 of the California Code of Regulations, due to conflicts of interest, the City Council segmented the decision regarding the following (collectively referred to as the “Zoning Actions”):
• Creation of the Village Design District Overlay Zone (DD-1); • Amend the standards for the Professional Office (PO) Zone; • General rezoning of the Tourist Commercial (TRC) Zone to Village Mixed-Use (VMU); • General rezoning of the Institutional (I) Zone to Public/Institutional (PI); • General rezoning of the Commercial Retail (C-2) Zone to Retail Commercial (CR); • Rezone of APN 139-300-001 (Creekside Open Space) from Recreational (REC) to Open Space (OS)
• Rezone APN 139-181-014 (Solvang Park) from Recreational (Rec) to Parks (P); • Rezone the following properties from Tourist Commercial (TRC) to Public/Institutional (PI):
o Parking Lot across from Solvang Park (APN 139-181-061); o Parking Lot between Mission Street and Copenhagen Drive (APN 139-173-018); o Oak Street Parking Lot (APN 139-174-040 and APN 139-174-042); o Annex Building (APN 139-191-008);
o Alisal Parking Lot (APN 139-240-058);
o Storage yard across from City Hall/Fire Department (APN 139-211-004); o City Hall Parking Lot (APN 139-213-001); and,
o City Hall (APN 139-213-016); and
WHEREAS, Councilmember C. Orona recused herself from consideration of the Zoning Actions due to conflicts of interest; and
WHEREAS, the remaining Councilmembers considered the Zoning Actions and found the proposed amendment (i) in the interests of the general community welfare, (ii) consistent with the general plan and the requirements of state planning and zoning laws, and (iii) consistent with good zoning and planning practices.

NOW, THEREFORE, the people of the chartered City of Solvang do ordain as follows:

SECTION 1. The Recitals set forth above are true and correct and are adopted as findings in support of this Ordinance.
81 ORD 24-0377: Zoning Map Amendments Segmentations
SECTION 2. In accordance with Section 18706 of Title 2, Division 6, Chapter 7, Article 1 of the California Code of Regulations, the City Council segmented decisions regarding the Zoning Actions due to Councilmember C. Orona’s financial interests pursuant to the Political Reform Act (Government Code § 81000 et seq.). Due to a conflict of interest, Councilmember C. Orona recused herself from consideration of the Zoning Actions. As part of the comprehensive repeal and replace of Title 11 (Zoning Regulations), Title 11 and the Official Zoning Map of the City of Solvang are hereby amended as follows:

1. Adopt Sections 11-10A-1 (Design District Overlay Zones), 11-10A-2 (Establishment or Amendment of Design Districts), 11-10A-3 (Permit Requirements), 11-10A-4 (Site Planning Requirements), 11-10A-5 (Mixed-Use Projects in Design Districts), 11-10A-6 (Village Area Design District (DD-1) Standards), and 11-10A-8 (Modification to Standards) of Article A (Design District Overlay) of Chapter 10 (Overlay Zoning Districts) of Title 11 (Zoning Ordinance) and other related conforming edits to create the Village Area Design District (DD-1) as shown in Ordinance No. 24-0378 and the Official Zoning Map of the City of Solvang, included as Exhibit B to Ordinance No. 24-0378.

2. Adopt Section 11-7-2.E and the development standards and permitted uses for the Professional Office (PO) Zone in Sections 11-7-3 and 11-7-4 and adopt other related conforming edits as shown in Ordinance No. 24-0378.

3. Adopt Section 11-7-2.D and those portions of Sections 11-7-3, 11-7-4, and 11-7-5 of Title 11 (Zoning Ordinance) and adopt related conforming edits to rename the Tourist Commercial (TRC) Zone to “Village Mixed Use (VMU)” and establish development standards and permitted uses for the new Village Mixed-Use (VMU) Zone as shown in Ordinance No. 24-0378 and the Official Zoning Map of the City of Solvang, included as Exhibit B to Ordinance No. 24-0378.

4. Adopt Chapter 8 (Public/Institutional District) of Title 11 (Zoning Ordinance) and adopt other conforming edits to rename the Institutional (I) Zone to “Public/Institutional (PI)” and establish development standards and permitted uses for the new Public/Institutional (PI) Zone as shown in Ordinance No. 24-0376 and the Official Zoning Map of the City of Solvang, included as Exhibit B to Ordinance No. 24-0378.

5. Adopt Section 11-7-2.C and those portions of Sections 11-7-3, 11-7-4, and 11-7-5 of Title 11 (Zoning Ordinance) related to the Retail Commercial (CR) Zone and adopt related conforming edits to rename the Commercial Retail (C-2) Zone to “Retail Commercial (CR)” and establish development standards and permitted uses for the new Retail Commercial (CR) Zone as shown in Ordinance No. 24-0378 and the Official Zoning Map of the City of Solvang, included as Exhibit B to Ordinance No. 24-0378.

6. Rezone APN 139-300-001 (Creekside Open Space) from Recreational (REC) to Open Space (OS) as shown in the Official Zoning Map of the City of Solvang, included as Exhibit B to Ordinance No. 24-0378.

7. Rezone APN 139-181-014 (Solvang Park) from Recreational (REC) to Parks (P) as shown in the Official Zoning Map of the City of Solvang, included as Exhibit B to Ordinance No. 24-0378.

8. Rezone the following parcels from Tourist Commercial (TRC) to Public/Institutional (PI) as shown in the Official Zoning Map of the City of Solvang, included as Exhibit B to Ordinance No. 24-0378:
a. Parking Lot across from Solvang Park (APN 139-181-061); b. Parking Lot between Mission Street and Copenhagen Drive (APN 139-173-018); c. Oak Street Parking Lot (APN 139-174-040 and APN 139-174-042); d. Annex Building (APN 139-191-008);
e. Alisal Parking Lot (APN 139-240-058);
82 ORD 24-0377: Zoning Map Amendments Segmentations
f. Storage yard across from City Hall/Fire Department (APN 139-211-004); g. City Hall Parking Lot (APN 139-213-001); and,
h. City Hall (APN 139-213-016).

SECTION 3. This Ordinance has been reviewed for compliance with the California Environmental Quality Act, the CEQA Guidelines (Title 14, Division 6, Chapter 3 of the California Code of Regulations), and the City’s environmental procedures and on November 25, 2024 the City Council adopted Resolution 24-1272 thereby adopting an Addendum to the Final EIR for the Solvang 2045 General Plan.

SECTION 4. If any section, subsection, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction or preempted by State or Federal legislation, such decision or legislation shall not affect the validity of the remaining provisions of this ordinance.

SECTION 5. Solvang is a Charter City and has adopted its own rules for summarizing and posting ordinances once they are adopted. A summary of this ordinance will be prepared by the City Clerk. The summary will be posted in three locations after adoption as directed in the Solvang Municipal Code. A true and correct copy of the full ordinance together with a record of the vote of each council member shall be kept by the City Clerk.

SECTION 6. This Ordinance shall take effect thirty (30) days after its passage.

PASSED, APPROVED, AND ADOPTED on this 9th day of December 2024. __________________________________
Mark Infanti, Mayor
APPROVED AS TO FORM: ATTEST:
_________________________________ __________________________________ Chelsea O’Sullivan, City Attorney Annamarie Porter, City Clerk 83 ORD 24-0377: Zoning Map Amendments Segmentations

STATE OF CALIFORNIA )

COUNTY OF SANTA BARBARA )

CITY OF SOLVANG )
I, Annamarie Porter, City Clerk of the City of Solvang, California do hereby certify that the foregoing Ordinance No. 24-0377 was duly introduced at a regular meeting of the City Council held on the 25th day of November 2024, and was duly adopted at a regular meeting of said City Council held on the 9th day of December 2024, and thereafter signed and approved by the Mayor and attested by the City Clerk, and that said Ordinance was adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Annamarie Porter, City Clerk
84 ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map ORDINANCE NO. 24-0378

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOLVANG, CALIFORNIA REPEALING AND REPLACING TITLE 11 (ZONING REGULATIONS) OF THE SOLVANG MUNICIPAL CODE AND

THE OFFICIAL ZONING MAP OF THE CITY OF SOLVANG
WHEREAS, California Government Code Section 65300 requires the City of Solvang (“City”) to adopt and maintain a General Plan that contains certain elements, describes the City’s long-term goals for growth and development, and identifies policies and programs to achieve those goals; and WHEREAS, in 2020, the City of Solvang (“City”) began the process to comprehensively update the City’s General Plan and prepare the 2045 General Plan Update; and WHEREAS, in conformance with State Law, the City elicited public input and involvement on the 2045 General Plan Update, provided opportunities for consultation to affected public agencies and California Native American tribes on the 2045 General Plan Update, and drafted the 2045 General Plan Update to contain all mandatory elements of a general plan; and WHEREAS, on December 11, 2023 the City Council of the City of Solvang (“City Council”) adopted Resolution No. 23-1238 adopting the 6th Cycle Housing Element (2023-2031) of the General Plan and determined the action was exempt from the California Environmental Quality Act (“CEQA”) (Public Resources Code Section 21000 et seq.) because it can be seen with certainty that there is no possibility the Housing Element, which does not approve any development project, or other physical change to the environment and is a policy document setting forth the City’s policies to plan for City’s regional housing needs allocation, may have a significant effect on the environment; and WHEREAS, on February 12, 2024, the California Department of Housing and Community Development (HCD) conditionally certified the City of Solvang 6th Cycle Housing Element; and WHEREAS, on March 25, 2024 after a duly noticed public hearing, the City Council introduced Ordinance No. 24-0372 amending the zoning map to rezone two parcels, identified as Parcel B and Parcel D in the Housing Element, adopted Resolution No. 24-1245 amending the General Plan to make the corresponding general plan and land use designation amendments consistent with the density identified in the certified Housing Element, and adopted Resolution No. 24-1244 to adopt a mitigated negative declaration for this rezone and general plan amendment. On April 8, 2024, the City Council adopted Ordinance No. 24-0372 amending Title 11 (Zoning Ordinance) of the Solvang Municipal Code and the Official Zoning Map of the City of Solvang to rezone Parcel B and Parcel D to DR-20 to implement the certified Housing Element; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the City prepared a Final Environmental Impact Report (“Final EIR”) for the 2045 General Plan representing the City’s independent judgment and analysis and prepared CEQA Findings of Fact, Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program (“MMRP”); and

WHEREAS, at a duly noticed public hearing on July 8, 2024, the City Council adopted Resolution No. 24-1253 certifying the Final EIR for the 2045 General Plan (SCH #2023060448) and adopting the corresponding CEQA Findings of Fact, Statement of Overriding Considerations, and the MMRP; and
WHEREAS, on July 8, 2024 after a duly noticed public hearing and in conformance with Government Code Section 65302, describing the mandatory elements of a general plan, the City Council adopted the 2045 Solvang General Plan containing the following chapters, thereby addressing all mandatory elements other than the previously certified 6th Cycle Housing Element: Land Use, Mobility, Environment and Sustainability, Safety and Public Facilities, Services, and Infrastructure; and 85 ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map WHEREAS, in the aforementioned amendments to the General Plan, APN 139-211-004, a piece of property currently owned by the City and located within the Village Area, inadvertently remained designated Tourist Commercial (TRC); and,
WHEREAS, to conform the land use designation of APN 139-211-004 with existing and proposed future uses that accommodate locating all city vehicles off-street instead of utilizing existing public parking, and facilitate the transition of transit bus from carbon emitting fuel to electric vehicles, consistent with adopted transit policies of the 2045 General Plan, Resolution No. 24-1273 amends the General Plan Land Use Map to designate APN 139-211-004 as Public/Institutional (PI) and amends Table 2.1 of the 2045 General Plan to update the zoning designations and the FAR consistent with the below describe zoning code update (collectively referred to as the “General Plan Amendments”); and WHEREAS, California Government Code Section 65860 requires the City’s zoning ordinances to be consistent with its General Plan such that the land uses authorized by the zoning ordinance are compatible with the objectives, policies, general land uses, and programs specified in the General Plan; and
WHEREAS, to implement the 2045 General Plan, including the 6th Cycle Housing Element (2023-2031), expand the City’s residential capacity through zoning designation changes to facilitate the City’s compliance with its regional housing needs assessment (RHNA), to streamline development, to modernize the City’s zoning regulations and make other conforming edits, this Ordinance repeals and replaces Title 11 (Zoning Regulations), including the Official Zoning Map of the City of Solvang; and, WHEREAS, pursuant to CEQA, the City evaluated the General Plan Amendments and the repeal and replace of Title 11 (Zoning Regulations) and the Official Zoning Map of the City of Solvang in an Addendum to the Final EIR for the 2045 General Plan; and WHEREAS, pursuant to Government Code Sections 65853 - 65855 the Planning Commission held a duly noticed public hearing on November 9, 2024, at which time all interested persons were given the opportunity to comment on the repeal and replace of Title 11 (Zoning Regulations), including the Official Zoning Map of the City of Solvang; and
WHEREAS, pursuant to Section 18706 of Title 2, Division 6, Chapter 7, Article 1 of the California Code of Regulations, due to conflicts of interests among one or more Commissioners, the Planning Commission segmented the decision to repeal and replace of Title 11 (Zoning Regulations), including the Official Zoning Map of the City of Solvang as shown in Resolutions 24-06, 24-07, and 24- 08; and
WHEREAS, after such duly noticed public hearing on November 4, 2024, and consistent with the above described segmented decisions, the Planning Commissions adopted Resolutions 24-06, 24- 07, and 24-08 recommending the City Council repeal and replace Title 11 of the Solvang Municipal Code, amend the 2045 General Plan consistent with the General Plan Amendments, and adopt an Addendum to the Final EIR for the 2045 General Plan; and WHEREAS, on November 25, 2024 the City Council adopted Resolution No. 24-1272 thereby adopting an Addendum to the Final EIR for the 2045 General Plan; and, WHEREAS, on November 25, 2024 the City Council adopted Resolution No. 24-1273 thereby adopting the General Plan Amendments; and
WHEREAS, the City Council finds it necessary to repeal and replace Title 11 of the Solvang Municipal Code, including the Official Zoning Map of the City of Solvang, to be consistent with the 2045 General Plan, implement the 6th Cycle Housing Element (2023-2031), including meeting the residential capacity requirements under RHNA, streamline development standards and procedures in the City, and make other conforming edits; and
86 ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map WHEREAS, pursuant to Section 18706 of Title 2, Division 6, Chapter 7, Article 1 of the California Code of Regulations, due to conflicts of interest among one or more Councilmembers, the City Council segmented the decision regarding rezoning APN 137-290-024 AND 137-310-001 from Recreation (REC) to Open Space (OS); and
WHEREAS, Councilmember E. Orona recused herself from consideration of these changes due to conflicts of interest and the remaining Councilmembers voted X – X to adopt Ordinance No. 24-0376 adopting that change; and
WHEREAS, pursuant to Section 18706 of Title 2, Division 6, Chapter 7, Article 1 of the California Code of Regulations, due to conflicts of interest among one or more Councilmembers, the City Council segmented the decision regarding the following (collective referred to as the “Zoning Actions”):
• Creation of the Village Design District Overlay Zone (DD-1); • Amend the standards for the Professional Office (PO) Zone; • General rezoning of the Tourist Commercial (TRC) Zone to Village Mixed-Use (VMU); • General rezoning of the Institutional (I) Zone to Public/Institutional (PI); • General rezoning of the Commercial Retail (C-2) Zone to Retail Commercial (CR); • Rezone of APN 139-300-001 (Creekside Open Space) from Recreational (REC) to Open Space (OS)
• Rezone APN 139-181-014 (Solvang Park) from Recreation (Rec) to Parks (P); • Rezone the following properties from Tourist Commercial (TRC) to Public/Institutional (PI):
o Parking Lot across from Solvang Park (APN 139-181-061); o Parking Lot between Mission Street and Copenhagen Drive (APN 139-173-018); o Oak Street Parking Lot (APN 139-174-040 and APN 139-174-042); o Annex Building (APN 139-191-008);
o Alisal Parking Lot (APN 139-240-058)
o Storage yard across from City Hall/Fire Department (APN 139-211-004); o City Hall Parking Lot (APN 139-213-001); and,
o City Hall (APN 139-213-016); and
WHEREAS, Councilmember C. Orona recused herself from consideration of the Zoning Actions due to conflicts of interest and the remaining Councilmembers voted X – X to adopt Ordinance No. 24- 0377 adopting these changes; and
WHEREAS, for the remainder of the changes to Title 11 (Zoning Regulations), including the Official Zoning Map of the City, there were no conflicts of interest requiring recusal; all five Councilmembers present were permitted to participate in approval of the remaining changes; and WHEREAS, the City Council determines that the remaining Zoning Code amendments are (i) in the interests of the general community welfare, (ii) consistent with the general plan and the requirements of state planning and zoning laws, and (iii) consistent with good zoning and planning practices.

NOW, THEREFORE, the people of the chartered City of Solvang do ordain as follows:

SECTION 1. The Recitals set forth above are true and correct and are adopted as findings in support of this Ordinance.

SECTION 2. In accordance with Section 18706 of Title 2, Division 6, Chapter 7, Article 1 of the California Code of Regulations, the City Council segmented decisions regarding certain Title 11 changes in which one or more Councilmembers had a financial interest pursuant to the Political Reform Act (Government Code § 81000 et seq.). Based on the aforementioned findings and all the evidence in the record, and in accordance with the segmented decisions in Ordinance Nos. 24-0376 and 24-0377, 87 ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map Title 11 (Zoning Regulations) of the Solvang Municipal Code is hereby repealed and replaced in its entirety to read as shown in Exhibit A.

SECTION 3. In accordance with Section 18706 of Title 2, Division 6, Chapter 7, Article 1 of the California Code of Regulations, the City Council segmented decisions regarding certain Title 11 changes in which one or more Councilmembers had a financial interest pursuant to the Political Reform Act (Government Code § 81000 et seq.). Based on the aforementioned findings and all the evidence in the record, and in accordance with the segmented decisions in Ordinance Nos. 24-0376 and 24-0377, the Official Zoning Map of the City is hereby repealed and replaced in its entirety as shown in Exhibit B.

SECTION 4. This Ordinance has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA Guidelines (Title 14, Division 6, Chapter 3 of the California Code of Regulations), and the City’s environmental procedures and on November 25, 2024 the City Council adopted Resolution 24-1272 thereby adopting an Addendum to the Final EIR for the Solvang 2045 General Plan.

SECTION 5. If any section, subsection, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction or preempted by State or Federal legislation, such decision or legislation shall not affect the validity of the remaining provisions of this ordinance.

SECTION 6. Solvang is a Charter City and has adopted its own rules for summarizing and posting ordinances once they are adopted. A summary of this ordinance will be prepared by the City Clerk. The summary will be posted in three locations after adoption as directed in the Solvang Municipal Code. A true and correct copy of the full ordinance together with a record of the vote of each council member shall be kept by the City Clerk.

SECTION 7. This Ordinance shall take effect thirty (30) days after its passage.

PASSED, APPROVED, AND ADOPTED on this 9th day of December 2024. __________________________________
Mark Infanti, Mayor
APPROVED AS TO FORM: ATTEST:
_________________________________ __________________________________ Chelsea O’Sullivan, City Attorney Annamarie Porter, City Clerk 88 ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map

STATE OF CALIFORNIA )

COUNTY OF SANTA BARBARA )

CITY OF SOLVANG )
I, Annamarie Porter, City Clerk of the City of Solvang, California do hereby certify that the foregoing Ordinance No. 24-0378 was duly introduced at a regular meeting of the City Council held on the 25th day of November 2024, and was duly adopted at a regular meeting of said City Council held on the 9th day of December 2024, and thereafter signed and approved by the Mayor and attested by the City Clerk, and that said Ordinance was adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Annamarie Porter, City Clerk
89 ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map Exhibit A
TITLE 11

ZONING REGULATIONS
Chapter 1
Title
11-1-1 Title.

A. Title 11 of the City of Solvang Municipal Code shall be known and may be cited as "The City of Solvang Zoning Regulations” or “Zoning Code".

B. The zoning map of the City of Solvang that is a part of this zoning code shall be referred to as the "zoning map" (See Section 11-1-2). Each discrete division on the zoning map shall be known as a “zone.”
C. Title 11 and the zoning map shall be subject to change from time to time as determined by the City Council.
11-1-2 Zoning Map.

A. Adoption. The City is hereby divided into zones, as shown on the zoning map, which, together with all explanatory notes provided on the zoning map, is adopted by reference and declared to be a part of this zoning code. The zoning map shall be kept on file in the office of the planning manager.

B. Determination of Zone Boundaries. If the exact boundaries of a zone cannot be readily or exactly ascertained by reference to the zoning map, the boundary shall be deemed to be along the nearest street, alley or lot line. If a district boundary divides a parcel and the boundary line location is not otherwise designated, the location of the boundary shall be determined by use of the scale appearing on the zoning map.

C. Zoning Boundary or Classification Changes.

1. Changes in the boundaries of zones shall be made by ordinance in the manner provided in Section 11-17-1. Zone changes shall be identified either by Assessor’s Parcel Number (APN), diagram, lot and block number, or by metes and bounds.

2. If, in compliance with the provisions of this zoning code, changes are made in zone boundaries, zone classifications, or other matters set forth on the zoning map, such changes shall be entered on the zoning map within 30 days following the effective date of the ordinance adopting the change.

D. Maintenance of Zoning Map. The zoning map shall be maintained in electronic format by the department, as authorized by the planning manager.

E. Copies of the Zoning Map. Paper copies of the zoning map shall be certified as true and correct by the planning manager. Electronic copies of the zoning map shall not be certified as true and correct.
90 ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map Chapter 2
Purpose and Applicability
§ 11-2-1 Purpose.

A. The City of Solvang Zoning Code implements the policies of the City of Solvang General Plan by classifying and regulating the uses of land and structures within the City, consistent with the General Plan. This Code is adopted to protect and promote the public health, safety, and general welfare of residents and businesses.

B. The purposes of the Zoning Code are to:

1. Provide standards for the continuing orderly growth and development of the City that will assist in maintaining the character and community identity of Solvang.

2. Ensure development is completed at an appropriate scale in relation to the existing landscapes, streetscapes, and designed to create attractive streetscapes and pedestrian spaces to maintain Solvang’s character in districts outlined in the General Plan.

3. Provide for a mixture of land uses, safe and effective multi-modal transportation, and adequate on- and off-street parking facilities.

4. Conserve and protect the natural resources of Solvang.

5. Provide neighborhoods with a variety of housing types to serve the needs of a diverse population; and

6. Ensure compatibility between different types of development and uses. 11-2-2 Authority for the Zoning Code.

This zoning code is enacted based on the authority vested in the City of Solvang by the City of Solvang City Charter and the State of California, including but not limited to: the California Constitution; the Planning and Zoning Law (Government Code Sections 65000 et seq.); and the California Environmental Quality Act (Public Resources Code Sections 21000). Nothing in this zoning code is intended to abrogate the home rule authority of the city as a charter city under the California Constitution, and as provided for in Article IV of the city charter, nothing in zoning code shall be interpreted as applying the general laws of the state of California in such a manner as to conflict with the city charter.
11-2-3 Responsibility for Administration.

A. Responsible Bodies and Individuals. This zoning code shall be administered by the city council, the planning commission, the design review committee, the city manager, the planning manager, the Public Works Director/City Engineer and Utilities Director, or their designees.

B. Exercise of Discretion. In the event that a provision of this Zoning Code allows for the exercise of discretion in the application of a specific standard or requirement, but does not identify specific criteria for a decision, the following criteria shall be used:

1. The decision is consistent with the General Plan;

2. The proposed development complies with all other applicable provisions including City standards; and

3. The exercise of discretion will act to ensure the compatibility of the proposed development with its site, surrounding properties, and the community. 11-2-4 Applicability of Zoning Code.

In addition to all applicable federal, State, and local laws and regulations governing land use and development, this zoning code applies to all land within the City, as follows:

A. New Land Uses or Structures, Changes to Land Uses or Structures. No building, structure, or land shall be used or occupied, and no building, structure, or land shall be constructed, replaced, occupied, enlarged, or altered, nor shall any applicable permit be issued unless in conformity with all the provisions of this Code for the zone in which it is located and other applicable regulations except as provided in Chapter 15 (Nonconforming Structures and Uses) of this Zoning Code.
91 ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map B. Subdivisions. Any subdivision of land proposed within the City after the effective date of this Zoning Code shall be consistent with the minimum lot size requirements of Chapters 5 through 9, and all applicable requirements of this Zoning Code.

C. Minimum Requirements. The provisions of this Zoning Code shall be the minimum requirements for the promotion of the public health, safety, and general welfare. When this Zoning Code provides for discretion on the part of a City official or body, that discretion may be exercised to impose more stringent requirements than set forth in this Zoning Code, as may be determined by the review authority to be necessary to promote appropriate land use and development, environmental resource protection, and other purposes of this Zoning Code.

D. Property Owned by Federal or State Agencies. The provisions of this Zoning Code shall not apply to property owned by the United States of America or any of its agencies, nor to the State of California or to any local agency not required to comply with this Zoning Code by State law when the proposed use or structure is for a governmental purpose. All exempt agencies are encouraged to design any new developments in compliance with the standards set forth in this Zoning Code and to cooperate in meeting the goals and objectives of this Code and the General Plan.

E. Conflicting Requirements.

1. Zoning Code requirements. If different requirements within this Zoning Code conflict, the planning manager shall make a determination of which provision to apply. Such determination shall be appealable to the planning commission.

2. Zoning Code and Municipal Code provisions. If a conflict occurs between requirements of this Zoning Code and requirements of the Solvang Municipal Code, or other regulations of the City, the most restrictive requirement shall apply.

3. Development agreements or specific plans. If a conflict occurs between the requirements of this Zoning Code and standards adopted as part of any development agreement or applicable specific plan, the requirements of the development agreement or specific plan shall apply.

4. Private agreements. This Zoning Code applies to all land uses and development regardless of whether it imposes a greater or lesser restriction on the development, land use, or land than a private agreement or restriction (for example, “Covenants, Conditions and Restrictions”).

F. Effect of Zoning Code changes on projects in progress.

1. This zoning code and any amendments thereto shall apply on and after the effective date of the ordinance adopting the code or amendments except as described in this Section or otherwise required by state law.

2. A planning application for a housing project accepted by the department and deemed complete and in compliance with all applicable provisions of the zoning code before the effective date of this zoning code shall be processed in compliance with the standards in effect when the application was deemed complete.

3. A project that has been approved by the City but is not yet under construction on the effective date of this Zoning Code need not satisfy any new or different requirements of this Code, provided that the approved use of the site shall be established, including the completion of all structures and other features of the project as shown on the approved permit, before the expiration of the permit, or applicable time extension.

4. A project that is under construction on the effective date of this Zoning Code or any amendment need not satisfy any new or different requirements of this Zoning Code, provided that the approved use of the site shall be established, including the completion of all structures and other features of the project as shown on the approved permit, before the expiration of the permit, or applicable time extension. 92 ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map G. Other requirements may apply. Nothing in this Zoning Code eliminates the need to obtain any other permits required by the City, or any permit, approval or entitlement required by any other applicable special district or agency, and/or the regulations of any State or Federal agency. 11-2-5 Rules of Interpretation.

A. Authority. The planning manager has the authority to interpret any provision of this Zoning Code.

Whenever the planning manager determines that the meaning or applicability of any Zoning Code requirement is subject to interpretation, the planning manager may issue an official interpretation. The planning manager may also refer any issue of interpretation to the DRC, Commission, or Council for their determination.

B. Language. In addition to the general provisions of this Zoning Code, the following rules of construction shall apply:

1. The particular controls the general.

2. The words “shall,” “must,” “will,” “is to,” and “are to” are always mandatory.

3. “Should” is not mandatory but is strongly recommended; and “may” is permissive.

4. The words “includes” and “including” shall mean “including but not limited to”.

5. Unless the context clearly indicates the contrary, the following conjunctions shall be interpreted as follows:
a. "And" indicates that all connected words or provisions shall apply. b. "Or" indicates that the connected words or provisions may apply singly or in any combination.
c. “Either . . . or” indicates that the connected words or provisions shall apply singly but not in combination.

6. Words used in the present tense shall include the future tenses.

7. Words in the singular number include the plural and words in the plural number include the singular except where the natural construction of the writing indicates otherwise.

8. References to departments, divisions, sections, commissions, boards, or other offices are to those of the City unless otherwise indicated.

9. References to a public official in the City are to that person who performs the function referred to and includes a designee of such official.

10. All references to measurements are in feet unless otherwise indicated.

C. Time Limits. Whenever a number of days is specified in this Zoning Code, or in any permit, condition of approval, or notice issued in compliance with this Zoning Code, the number of days shall be construed as consecutive calendar days unless expressly stated otherwise in this Zoning Code. A time limit shall extend to 5:00 p.m. on the following working day where the last of the specified number of days falls on a day City Hall is closed, unless expressly stated otherwise in this Zoning Code.

D. Calculation of fractions. Any fraction greater than or equal to 0.50 shall be rounded up to the nearest whole number unless otherwise indicated in this Zoning Code. Any fractional unit less than 0.50 shall be rounded down to nearest whole number unless otherwise indicated in this Zoning Code.

E. State law requirements. Where this Zoning Code references applicable provisions of State Law (for example, the California Government Code, Subdivision Map Act, or Public Resources Code), the reference shall be construed to be the applicable State law provisions as they may be amended from time to time.

F. Conflicting requirements. Refer to Subsection 11-2-4.E 93 ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map Chapter 3
Definitions
11-3-1 Definitions.

For the purpose of this title, certain terms and words are defined as set out in this chapter.

Abut. Having property lines, street lines, and/or zoning lines in common.

Accessory Building or Accessory Structure. A building or structure containing no kitchen and located upon the same building site as the primary building or use to which it is accessory, the use of which is customarily incidental, appropriate and subordinate to the use of the principal building, or to the principal use of the land. Accessory buildings or accessory structures include, but are not limited to, tool and storage sheds, playhouses, doghouses, gazebos, pergolas, workshops, and similar structures.

Accessory Dwelling Unit. An attached or detached dwelling unit which provides complete independent living facilities for one or more persons and provides permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the proposed or existing primary unit, or as otherwise defined by Government Code Section 66313. Does not include "Junior Accessory Dwelling Unit", which is separately defined.

Accessory Use. A use customarily incidental, appropriate and subordinate to the principal use of land or buildings located upon the same premises.

Adult Oriented Business. Refer to Chapter 11-14.

Agricultural Employee Housing. A residential facility intended for occupancy by agricultural labor forces, including temporary and permanent agricultural workers, and workers authorized to work in the United States pursuant to an applicable work visa.

Agri-tourism. Visitor-serving commercial uses accessory to and compatible with the primary agricultural use on the property. Agri-tourism uses shall preserve and enhance the primary agricultural use, and supplement sources of income for farmers and ranchers.

Alteration. Physical change in the internal arrangement of rooms or usage of space, or to the exterior of the building or the supporting members of a structure which requires a building permit.

Animal Boarding or Kennel. A commercial facility for the overnight keeping or boarding of household pets. Does not include uses where overnight boarding is an accessory use such as “Animal Care Facilities” and pet stores.

Animal Care Facility. Office and indoor medical treatment facility used by veterinarians for the care of household pets, where boarding is incidental to the primary use. If boarding is the primary use, see “Animal Boarding”. This does not include animal care facilities that treat large animals such as livestock, horses, and other similar animals.

Animal Keeping. Regulation of the permeant housing of animals on residential property, whether domesticated animals, livestock, etc. Refer to Section 11-12-5.

Applicant. Any person, firm, or any other entity that applies to the City for the applicable permits to undertake any land use, construction or development project within the City.

Approval. Includes both approval and approval with conditions.

Appurtenant Structure. A structure that is auxiliary or accessory to another structure or use.

Architectural Feature. Any part of a building or structure that contributes to its overall aesthetic, form, or functional design but is not integral to the building's structural system. 94 ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map Architectural Treatment. Design elements on a building facade such as doors, windows, shutters, and accent materials that are not strictly necessary for the structural integrity of a building but are used to add texture and variety.

Automated Teller Machine (ATM). A computerized, self-service machine used by banking customers for financial transactions, including deposits, withdrawals and fund transfers, without face-to-face contact with financial institution personnel.

Awning. A light, roof-like structure, supported entirely by the exterior wall of a building; consisting of a fixed or movable frame covered with cloth, plastic or metal; extending over doors, windows, and/or show windows; with the purpose of providing protection from sun and rain and/or embellishment of the façade.

Bar/Tavern. A business where alcoholic beverages are sold for on-site consumption. Includes bars, taverns, pubs, and similar establishments. Food service may be provided, however, it is subordinate to the sale of alcoholic beverages.

Basement. A story partly or wholly underground.

Beverage Manufacturing and Production. A location where beverages are manufactured, processed or made commercially. Processing activities include, but are not limited to, wholesale sales, crushing, distilling, fermenting, aging, storing, bottling, and other ancillary office or tasting functions.

Block. That property abutting on one side of a street and lying between the two nearest intersecting or intercepting streets, or between the nearest intersection or intercepting streets and its own termination or a watercourse.

Building Coverage. The amount of land covered or permitted to be covered by buildings or structures, excluding swimming pools, sidewalks and driveways. Building coverage is measured as a percent of a lot.

Building Height. Refer to section 11-11-6.

Building Official. The City of Solvang building official as designated pursuant to Title 10, Chapter 1, Section 2 of the Solvang Municipal Code.

Building Site. A legally created lot of land or parcel containing not less than the prescribed minimum area required by any applicable subdivision and zoning ordinance regulations existing at the time of the creation of the lot or parcel and occupied, or intended to be occupied by a building or structure.

Business Support Service. An establishment that provides services to other businesses. Examples of these services include: blueprinting; computer-related service (rental, repair); copying, duplicating, quick printing service; courier, messenger, and delivery service (small scale without fleet vehicle storage); mailing, telegram, and mail box service; outdoor advertising service; and security services.

California Environmental Quality Act (CEQA). The California Environmental Quality Act (CEQA) and its implementing guidelines.

Caretaker Residence. A permanent residence that is accessory to the primary use of the property, and used for housing a caretaker on the site of a non-residential use where needed for security purposes or to provide 24-hour care or monitoring of people, plants, animals, equipment, or other conditions on the site.

Catering Service. A business that prepares food for consumption off premises. 95 ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map Certificate of Occupancy. A clearance issued by the City indicating that a building or structure meets all code requirements for occupancy and use. This can either be temporary, meaning a limited time for occupancy, or final, meaning all code requirements are met.

Cannabis/Marijuana. Refer to Section 5-4-2 of the Solvang Municipal Code.

Cemetery. Property dedicated for the burial of human remains. Cemetery includes burial parks for earth interments and mausoleums for crypt or vault interments.

Certified Farmers' Market. A location and operation where agricultural products are sold by certified producers who have been approved by the county agricultural commissioner to sell agricultural products directly to consumers.

Childcare Facilities. Facilities that provide non-medical care and supervision for periods of less than 24 hours. This land use includes the following types of facilities, all of which are required to be licensed by the California Department of Social Services:

1. Day Care Center. As defined by California Health and Safety Code Section 1596.76.

2. Large Family Day Care Home. As defined by California Health and Safety Code Section 1596.78.

3. Small Family Day Care Home. As defined by California Health and Safety Code Section 1596.78.

Commercial recreation facilities, Indoor. Establishments that provide amusement and services within a building or structure for a fee or admission charge. May also include related commercial facilities, including bars and restaurants. Examples include bowling alleys, coin operated amusement arcades, electronic game arcades (video games, etc.), pool and billiard rooms (as primary use), and theaters (performing or cinema).

Commercial recreation facilities, Outdoor. Establishments that provide outdoor amusement and entertainment services for a fee or admission charge. May also include related commercial facilities, including bars and restaurants, video game arcades, etc. Examples include miniature golf, swim clubs, and outdoor amphitheaters.

Cluster Development. A residential development pattern in which residential units are grouped or "clustered," rather than spread evenly throughout a parcel as in conventional lot by lot development.

Cluster development groups residential units on smaller lots in one area of the development, while preserving the remaining land on the site for permanent unbuilt open space uses such as common open space and recreation, or for the protection of environmentally sensitive habitat areas.

Community Gardens. A site used for growing plants for food, fiber, herbs, flowers, and other uses, which is shared and maintained by volunteers or residents.

Condominium. An estate in real property consisting of a separately owned interest in a portion of a parcel of real property or building, including residences, apartments, offices or stores. A condominium may include, in addition, a separate legally protected interest in other portions of real property.

Concession. As used with regard to a density bonus, 1) a reduction in site development standards or a modification of Zoning Code or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission, such as a reduction in setback or minimum square footage requirements; 2) approval of mixed-use zoning; or 3) other regulatory incentives that result in identifiable and actual cost reductions to provide for affordable housing costs; or as otherwise defined in Government Code Section 65915.

Conditional Use Permit. A discretionary permit issued by the Planning Commission for certain land uses and/or construction and development projects. Refer to Section 11-16-6. 96 ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map Contiguous. See definition of Abut.

Corporation Yard. A publicly owned and operated facility used for public works operations, including:
equipment storage, staging, and repair; vehicle storage, staging, and repair, materials storage, and related office uses.

County. The County of Santa Barbara.

Courtyard. An unroofed area completely or mostly enclosed by the walls of a building or buildings.

Day. When referenced in this code, day means calendar day, unless otherwise specified by a specific code section.

Density. The number of dwellings per gross acre, unless otherwise stated. The calculation of gross acreage in all zones shall include the adjacent right of way to centerline of the street.

Department. The City of Solvang Planning and Building Department or Division.

Development. Any change made by a person or persons to improve real property, including, but not limited to, placement, construction, reconstruction or alteration of buildings or structures, landscaping improvements, mining, excavation or drilling operations.

Development Permit. A discretionary permit issued by the Review Authority for certain construction and development projects. See Section 11-16-5 (Development Permit).

Drive-Through Business. Any business that, either by design or operation, provides services or products directly to occupants of a motor vehicle, whether through a dedicated drive isle, ordering mechanism accessed by drive-up means, etc.

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.

Dwelling, Dwelling Unit or Unit. A room or group of internally connected rooms that have sleeping, cooking, eating, and sanitation facilities, but not more than one kitchen (with exception of Accessory Dwellings, or Junior Accessory Dwelling Unit, as defined further in this section), occupied by or intended for one housekeeping unit on a long-term basis (more than 30 consecutive calendar days).

Emergency Shelters. As defined in Government Code Section 65582(d), housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person, and open to anyone irrespective of his/her inability to pay for services.

Energy Facility. Any public or private processing, producing, generating, storing, transmitting or recovering facility for electricity, natural gas, petroleum, coal or other source of energy.

Entryway. The doorway or doorways used to access a building.

Equipment Rental. A service establishment that offers household and business equipment, furniture, and/or materials for rental. This use does not include the rental of heavy construction equipment such as tractors. See “wholesaling and distribution”.

Environmentally Sensitive Habitat Area. Any area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and developments.

Façade Articulation. Vertical or horizontal modulations in the façade of a building. 97 ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map Floor Area, Gross. The total area of all floors of a building as measured to the surfaces of interior walls and including corridors, stairways, elevator shafts, attached garages, porches, balconies, basements and offices.

Floor Area, Net. The gross floor area excluding vents, shafts, stairs, corridors, attics and unenclosed porches and balconies.

Floor Area Ratio. The Floor Area Ratio (FAR) is the ratio of floor area to total lot area.

Financial Institutions. Any institution the business of which is engaging in financial activities. Such institution does not include check cashing stores, which are defined under personal services, restricted.

Finding. A factual conclusion of the review authority based on the evidence presented to the review authority.

Garage. A structure or portion of a structure that is enclosed and in which vehicles used by the occupants of the primary unit or buildings on the premises are stored, or is utilized for private, on-site storage of the occupants of the primary unit.

Parking Structure. A building or portion thereof, except a private garage, used or designed to be used for the storage of vehicles for either a short term period or long period, operated by either a private entity or the City of Solvang.

General Plan. The City of Solvang General Plan, including all its elements and amendments, as adopted by the City Council in compliance with Government Code Section 65300 et seq. and referred to in this Zoning Code as the “General Plan”.

General Retail. Stores and shops selling many lines of merchandise. Examples of these stores and lines of merchandise include: art galleries; bicycle sales, service, and rental; bookstores (except adult bookstores); apparel and accessories; bakeries; food stores (including convenience markets); furniture, home furnishings and appliances sales, service, and rental; and miscellaneous retail (including candy or ice cream stores, computer stores, drug stores, hobby or craft shops, jewelry stores, newsstands, pet stores, specialty shops, variety stores, or vehicle part sales). The following are also considered general retail:

1. Alcoholic Beverage Retail Establishments. Businesses that dedicate more than 25% of their retail floor area to alcoholic beverages.

2. Outdoor Sales Yard. Retail establishments where the primary floor area consists of outdoor sales yards that are not wholly within a structure.

Golf Course. A parcel of land laid out with at least nine (9) holes for playing the game of golf and improved with tees, greens, fairways, and hazards and that may include a clubhouse, shelter, and ancillary restaurant and food services.

Grading. Any excavation or filling of earth or combination thereof.

Greenhouse. A structure used for cultivating plants with impervious roof and walls in which the climate is controlled; includes hothouses.

Gross Acreage. The entire area of a lot measured to the centerline of the street and including all rightsof-way or easements granted to the City or other public agencies.

Group Homes. Non-licensed housing where unrelated people share living, dining, and cooking areas, participate in communal activities, and where an operator or owner of the home may provide services, which may include, but is not limited to, mental health treatment, substance abuse treatment, vocational training and other supportive services that may be on or off-site. 98 ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map Guest Ranch. A vacation resort, generally a farm or ranch, which derives all or part of its income from the use of its facilities by paying visitors or guests. The vacation resort may provide food, lodging, meeting facilities, recreational facilities, and other on-site ancillary uses.

Habitable Space. Space within a dwelling unit for living, sleeping, eating, cooking, and bathing.

Head Shop. A business that sells tobacco and other products, including paraphernalia associated with the use of tobacco or drugs.

Health/Fitness Facility. A fitness center, gymnasium, health and athletic club, which may include any of the following: sauna, spa or hot tub facilities; indoor tennis, handball, racquetball, and other indoor sports activities.

High Technology Uses. Uses that incorporate high technology related to engineering, design, research and development, photonics/optics, computer assisted design, robotics research, numerical control equipment (CAD/CAM), prototype development, biotechnology lasers, medical research, materials testing, telecommunications, and related storage with limited assembly operations associated with the principal use. All activities shall be within a building.

Hillside. Lands with slopes exceeding 20%.

Historical Site or Structure. Any site or structure that is:

1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

3. Individually listed on a State inventory of historic places in states with historic preservation programs that have been approved by the Secretary of Interior;

4. Individually listed on the City’s master list of historical structures, adopted by the City Council, provided this local inventory is consistent with State-approved or certified historic preservation programs as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs.

5. Any object, building, structure, site, area, place, record or manuscript which the City determines, based on substantial evidence to be historically significant or significant in the architectural, engineering, scientific, economic, agricultural, educational, social, political, military, or cultural annals of California or meets the criteria for listing on the California Register of Historical Resources.

Hobby Farm. A farm (i.e. orchards, vineyards, small animal rising, etc.) that is not the primary source of income for the property owner, and is consider an ancillary use to the primary structure of the property.

Home Occupation. Any occupation, activity, enterprise, profession, trade, or undertaking of any nature conducted or engaged in, or ordinarily conducted or engaged in, with the object of gain, benefit or advantage to any person or entity, whether direct or indirect, and which is conducted in a dwelling.

Hookah Bar or Lounge. An establishment where patrons share shisha (flavored tobacco), or other types of tobacco from a communal hookah, which is placed at each table.

Hotel. See “lodging”.

Junior Accessory Dwelling Unit or JADU. A type of accessory dwelling unit defined by Government Code Section 66313 as a unit that is no more than 500 square feet in size and contained entirely within the area of a single-unit dwelling. JADUs shall include an efficiency kitchen, which shall include a 99 ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map cooking facility with appliances and a food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU. JADUs may include a separate bathroom facility, or share bathroom facilities within the single-unit dwelling.

Kitchen. A room or space within a building used or intended to be used for the cooking or preparation of food, and which includes any of the following: stove, oven, range top, dishwasher, or sink.

Kitchenette. A small space used or intended to be used for the preparation of food and that specifically excludes a stove and/or oven.

Land Use. The purpose for which land or a structure is designed, arranged, intended, occupied, or maintained.

Live/Work Unit. An integrated housing unit and working space, occupied and utilized by a single household in a structure that has been designed or structurally modified to accommodate joint residential occupancy and work activity, and which includes: a kitchen and sanitary facilities in compliance with the City’s Building Code, and working space reserved for and regularly used by one or more occupants of the unit.

Lodging. A facility with guest rooms or suites, with or without kitchen facilities, rented to the general public for transient lodging of 30 days or less. Facilities include hotels, motels, and inns, guest suites, bed and breakfast, etc.

Lot or Parcel. A recorded lot or parcel of real property under single ownership, lawfully created as required by applicable requirements of the Subdivision Map Act and the Solvang Municipal Code, including this Zoning Code. Types of lots include the following:

1. Corner Lot. A lot bounded by streets on two or more adjacent sides.

2. Flag Lot. A lot having access from the building site to a public street by means of private right-ofway strip that is owned in fee.

3. Interior Lot. A lot abutting only one street.

4. Key Lot. A lot, the side line of which abuts the rear line of one or more adjoining lots.

5. Through Lot. A lot having frontage on two parallel, or approximately parallel, streets.

Lot Area.

1. Gross Area. Gross lot area is the total area included within the lot lines of a lot, inclusive of adjacent dedicated street rights of way and alleys.

2. Net area. Net lot area is the gross lot area, not including dedications for public right of ways.

Lot Depth. The average distance between the front or street line and the rear lot lines, or between the front lot line and the intersection of the two side lot lines if there is no rear lot line.

Lot Frontage. The length of the front line measured at the street right-of-way.

Lot Line. A line of record bounding a lot that divides one lot from another lot or from a public or private street or any other public space. A line of record shall not include parcel lines assigned by the County assessor for purposes of property taxation. For purposes of this Zoning Code, the front property line shall be considered the outside boundary of the city right-of-way that encroaches upon the subject property. Types of lot lines are as follows:

1. Front Line. The shortest boundary line of a lot that corresponds with a street line. When the street side boundary lines of a corner lot are equal or of substantially equal lengths, the front line shall be the line located on the principal street.

2. Rear Lot Line. A property line that does not intersect the front lot line and is most distant from and most closely parallel to the front lot line, as determined by the planning manager. In the case of triangular or otherwise irregularly shaped lots, a line parallel to and at a maximum distance from the front lot line shall be utilized to determine the setback.

3. Side Lot Line. Any lot line that is not a front or rear lot line. 100
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map Lot Width. The average distance between the side lot lines measured at right angles to the lot depth.

Lumber and Building Materials. Retail sales of building materials, including lumber, ornamental brick and stone.

Maintenance Service, Client Site Services. Base facilities for various businesses that provide services on the premises of their clients. Includes gardening, janitorial, pest control, water and smoke damage recovery, and similar services; and appliance, computer, electronics, elevator, equipment, HVAC, instrument, plumbing, security systems, and other maintenance and repair services not operating from a retail establishment that sells the products being maintained or repaired.

Manufacturing, Artisan. An establishment that manufactures and/or assembles small products primarily by hand, including jewelry, pottery and other ceramics, as well as small glass and metal art and craft products. Also includes small-scale wine production of less than 500 cases annually. Retail sales of the products are allowed on-site.

Manufacturing/Processing, Heavy. The manufacturing, assembling, processing, storing, or packaging of products involving: 1) chemicals, petroleum, heavy agricultural products, or other hazardous materials; 2) vehicle-dismantling or scrap and waste yards; or 3) primary production of raw materials. Examples of heavy intensity manufacturing uses include the following.

1. Chemical Product Manufacturing. An establishment that produces or uses basic chemicals, and other establishments creating products predominantly by chemical processes. Examples of these products include: basic chemicals, including acids, alkalis, salts, and organic chemicals; chemical products to be used in further manufacture, including synthetic fibers, plastic materials, dry colors, and pigments; and finished chemical products to be used for ultimate consumption, including drugs/pharmaceuticals, cosmetics, and soaps, or as materials or supplies in other industries including paints, fertilizers, and explosives. Also includes sales and transportation establishments handling the chemicals described above, except as part of retail trade.

2. Glass Product Manufacturing. An establishment that manufactures glass and/or glass products by melting silica sand or cullet, including the production of flat glass and other glass products that are pressed, blown, or shaped from glass produced in the same establishment. Artisan and craftsman type operations are instead “Manufacturing, Artisan”.

3. Lumber and Wood Product Manufacturing. Manufacturing, processing, and sales that involve the milling of forest products to produce rough and finished lumber and other wood materials for use in other manufacturing, craft, or construction processes. Includes the following processes and products: containers, pallets, skids trusses, structural beams, manufactured and modular homes, turning and shaping of wood products, matches (wood), wholesaling of basic wood products, milling operations, and wood product assembly.

4. Paving and Roofing Materials Manufacturing. The manufacture of various common paving and petroleum-based roofing materials, including bulk asphalt, paving blocks made of asphalt, creosote wood, plastics, other synthetics, and rubber product manufacturing. The manufacture of rubber products includes: tires, rubber footwear, mechanical rubber goods, heels and soles, flooring, and other rubber products from natural, synthetic, or reclaimed rubber. Also includes establishments engaged primarily in manufacturing tires and/or products from recycled or reclaimed plastics or expanded polystyrene (Styrofoam), molding primary plastics for other manufacturers, manufacturing miscellaneous finished plastics products, manufacturing fiberglass, and fiberglass application services.

5. Primary Metal Industries. An establishment engaged in the smelting and refining of ferrous and nonferrous metals from ore, pig, or scrap; the rolling, drawing, and alloying of metals; the manufacture of castings, forgings, stampings, extrusions, and other basic metal products; and 101
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map the manufacturing of nails, spikes, and insulated wire and cable. Also includes merchant blast furnaces and by-product or beehive coke ovens.

6. Pulp and Pulp Product Manufacturing. An establishment that manufactures pulp, paper, or paperboard. Includes pulp, paper, and paperboard mills. Does not include establishments primarily engaged in converting paper or paperboard without manufacturing the paper or paperboard, including envelope manufacturing, converted paper products, paper coating and glazing, paper bags, assembly of paperboard boxes, wallpaper which are classified as “manufacturing/processing, light”.

7. Scrap or Dismantling Yard. Outdoor establishments primarily engaged in assembling, breaking up, sorting, and the temporary storage and distribution of recyclable or reusable scrap and waste materials, including auto wreckers engaged in dismantling automobiles for scrap, and the incidental, wholesale, or retail sale of parts from those vehicles.

8. Textile and Leather Product Manufacturing. An establishment that converts basic fibers (natural or synthetic) into a product, including yarn or fabric, that can be further manufactured into usable items (See Manufacturing, Light, Clothing and Fabric Product Manufacturing), and industries that transform hides into leather by tanning or curing. Includes coating, waterproofing, or otherwise treating fabric; manufacturing woven fabric, carpets, and rugs from yarn; manufacturing dressed and dyed furs; preparation of fiber and subsequent manufacturing of yarn, threads, braids, twine cordage; dyeing and finishing fiber, yarn, fabric, and knit apparel; scouring and combing plants; leather-tanning, leather currying, and leather finishing upholstery manufacturing; manufacturing knit apparel and other finished products from yarn; yarn and thread mills; and manufacturing felt goods, lace goods, non-woven fabrics and miscellaneous textiles.

Manufacturing/Processing, Light. A facility accommodating manufacturing processes involving and/or producing: apparel; food and beverage products; electronic, optical, and instrumentation products; ice; jewelry; and musical instruments. Light manufacturing also includes other establishments engaged in the assembly, fabrication, and conversion of already processed raw materials into products, where the operational characteristics of the manufacturing processes and the materials used are unlikely to cause significant impacts on surrounding land uses or the community. Examples of light manufacturing/ processing uses include the following:

1. Clothing and Fabric Product Manufacturing. An establishment that assembles clothing, draperies, and/or other products by cutting and sewing purchased textile fabrics and related materials, including leather, rubberized fabrics, plastics and furs. Does not include custom tailors and dressmakers not operating as a factory and not located on the site of a clothing store (see "personal services"). See also, "manufacturing/processing, heavy, textile and leather product manufacturing”.

2. Electronics, Equipment, and Appliance Manufacturing. An establishment that manufactures equipment, apparatus, and/or supplies for the generation, storage, transmission, transformation and use of electrical energy, including: appliances such as stoves/ovens, refrigerators, freezers, laundry equipment, fans, vacuum cleaners, and sewing machines; optical instruments and lenses; aviation instruments; photographic equipment; computers, computer components, and peripherals; radio and television receiving equipment; electronic components and accessories; surgical, medical and dental instruments, equipment, and supplies; semiconductors, integrated circuits, and related devices; media storage and creation including magnetic, magneto-optical, and optical products such as compact disks (CDs), computer electrical welding apparatus diskettes and hard drives, digital versatile disks (DVDs), magnetic tape products, and phonograph records; lighting and wiring equipment such as lamps, fixtures, wiring devices, and vehicle lighting; surveying and drafting instruments; instruments for measurement, testing, analysis and control; associated sensors and accessories; switch gear and switchboards; miscellaneous electrical machinery, equipment and supplies such as x-ray apparatuses and tubes, electromedical and electrotherapeutic apparatuses, and electrical equipment for internal combustion engines; telephone and telegraph apparatuses; motors and generators; and 102
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map watches and clocks. Does not include research and development facilities separate from manufacturing (see "High Technology").

3. Furniture and Fixtures Manufacturing, Cabinet Shop. A business that manufactures wood and metal household furniture and appliances; bedsprings and mattresses; all types of office furniture, partitions, shelving, lockers and store furniture; and miscellaneous drapery hardware, window blinds and shades. Includes furniture re-upholstering businesses, wood and cabinet shops.

4. Laboratory, Medical, Analytical. A facility for testing, analysis, and/or research. Examples of this use include medical labs, soils and materials testing labs, and forensic labs. This use does not include cannabis testing, which is prohibited.

5. Metal Products Fabrication, Machine or Welding Shop. An establishment engaged in the production and/or assembly of metal parts, including the production of metal cabinets and enclosures, cans and shipping containers, doors and gates, duct work, forgings and stampings, hardware and tools, plumbing fixtures and products, tanks, towers, and similar products.

Examples of these uses include: blacksmith and welding shops; sheet metal shops; plating, stripping, and coating shops; machine shops; and boiler shops.

6. Paper Product Manufacturing. An establishment that converts pre-manufactured paper or paperboard into boxes, envelopes, paper bags, wallpaper, etc., and/or that coats or glazes premanufactured paper. Does not include the manufacturing of pulp, paper, or paperboard (See manufacturing/processing, heavy, pulp and pulp product manufacturing).

7. Photo/Film Processing Lab. A facility that provides high volume and/or custom processing services for photographic negative film, transparencies, and/or prints, where the processed products are delivered to off-site retail outlets for customer pickup. Does not include small scale photo processing machines accessory to other retail businesses.

8. Winemaking. A facility engaged in the large scale production of wine involving more than 500 cases annually. For production of less than 500 cases annually, see manufacturing, artisan.

Manufacturing/Processing, Medium. A facility accommodating manufacturing processes that involve and/or produce building materials, fabricated metal products, machinery, and/or transportation equipment, where the intensity and/or scale of operations is greater than those classified under Manufacturing, Light, but where impacts on surrounding land uses or the community can typically be mitigated to acceptable levels. Examples of medium intensity manufacturing uses include the following.

1. Food and Beverage Product Manufacturing. Manufacturing establishments producing or processing foods and beverages for human consumption, and certain related products.

Examples of these uses include: bottling plants; fats and oil product manufacturing (not animal rendering); breweries; fruit and vegetable canning; confectionery products; grain mill products and by-products; meat, poultry, and seafood canning, curing, and byproduct processing; soft drink production; miscellaneous food item preparation from raw products; and dairy products manufacturing. This use does not include: bakeries or beer brewing as part of a microbrewery.

2. Laundry, Dry Cleaning Plant. A service establishment engaged primarily in high volume laundry and garment services, including: carpet and upholstery cleaners; diaper services; dry cleaning and garment pressing; commercial laundries; and linen supply. These facilities may include accessory customer pick-up facilities. These facilities do not include laundromats or dry cleaning/laundry pick-up stores with limited processing equipment, which are personal services.

3. Machinery Manufacturing. An establishment that makes or processes raw materials into finished machines or parts for machines. Does not include the manufacture of electronics, equipment, or appliances (See manufacturing/processing, light, electronics, equipment, and appliance manufacturing).

4. Motor Vehicles and Transportation Equipment. Manufacturers of equipment for transporting passengers and cargo by land, air and/or water, including motor vehicles, aircraft, spacecraft, ships, boats, railroad and other vehicles such as motorcycles, bicycles and snowmobiles.

5. Stone and Cut Stone Product Manufacturing. An establishment that cuts, shapes, and/or finishes marble, granite, slate, and/or other stone for construction and miscellaneous uses.

6. Structural Clay and Pottery Product Manufacturing. An establishment that produces brick and structural clay products, including pipe, plumbing fixtures, and/or fine earthenware and porcelain 103
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map products. This use does not include products made primarily by hand (See Manufacturing, Artisan).

Massing. The overall configuration of a building in terms of its height, footprint, and articulation, as well as its creation of space around it on a lot.

Mechanical Car Wash. A facility in which power driven or steam cleaning machinery is used for the exterior and/or interior washing and cleaning of automobiles and other motor vehicles. Such facilities and equipment may be designed for self-service or full-service operation.

Media Production. Facilities for motion picture, television, video, sound, computer, and other communications media production.

Medical Services, Clinic or Urgent Care. A facility other than a hospital where medical, mental health, surgical and other personal health services are provided on an outpatient basis. Examples of these uses include: medical offices with licensed practitioners and/or medical specialists; outpatient care facilities; urgent care facilities; and other allied health services. These facilities may also include incidental medical laboratories. Counseling services by other than medical doctors or psychiatrists are included under Office, Professional.

Medical Services, Extended Care. Residential facilities providing nursing and health related care as a primary use with in-patient beds. Examples of these uses include: board and care homes; convalescent hospitals; congregate living health facilities; rest homes; and skilled nursing facilities. Long-term personal care facilities that do not emphasize medical treatment are included under Residential Care and Residential Care for the Elderly.

Medical Services, Hospital. A facility or institution which provides a broad range of medical care and services, including the overnight and/or long-term in- and out-patient care of persons afflicted with physical and/or mental diseases, injuries, complaints or other infirmities.

Meeting facility, public or private. A facility for public or private meetings, including religious assembly facilities (e.g., churches, mosques, synagogues, etc.), auditoriums, grange halls, union halls, and meeting halls for clubs and other membership organizations. May include functionally related internal facilities that are clearly incidental to the primary use such as kitchens, multi-purpose rooms, storage, ancillary education facilities that are subordinate to the primary use, and caretaker or other residences on-site that are subordinate to the primary. This use does not include childcare facilities and public or private schools (refer to public/quasi-public), which are separately defined.

Microbrewery. A commercial, bonded facility for manufacture, blending, fermentation, processing, and packaging of malt liquor that produces less than ten thousand (10,000) barrels (310,000 US gallons) of beer annually. At all times, microbreweries must have a current and applicable California Alcohol Beverage Control License. Live entertainment including single instrument musician or band may be allowed as an ancillary use if no admission is charged.

Mission Design District. The area that encompasses the Mission Design District Overlay Zone (DD-2) on the Zoning Map.

Mixed-Use Project. A project that combines both residential and commercial uses on the same site.

Does not include Live/work Unit, which is separately defined.

Mobile Home. A trailer, transportable in one or more sections, that is certified under the National Manufactured Housing Construction and Safety Standards Act of 1974, which is over eight feet in width and 40 feet in length, with or without a permanent foundation and not including a recreational vehicle, commercial coach or factory-built housing. A mobile home on a permanent foundation is included under the definition of Single Dwellings.
104
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map Mobile Home Park. Any site that is planned and improved to accommodate two or more mobile homes used for residential purposes, or on which two or more mobile home lots are rented, leased, or held out for rent or lease, or were formerly held out for rent or lease and later converted to a subdivision, cooperative, condominium, or other form of resident ownership, to accommodate mobile homes used for residential purposes.

Motel. See Lodging.

Mobile Vendor. An entity that sells goods or food services from a stand that is intended to be temporary, or is capable of being moved to various locations.

Mortuary/Funeral Home. Funeral homes and parlors, where deceased are prepared for burial or cremation, and funeral services may be conducted. May include on-site cremation with a Conditional Use Permit.

Motor Vehicle Fuel Station. A building and/or lot or use having pumps and storage tanks where motor vehicle fuels, lubricating oil, grease, or accessories for motor vehicles are dispensed, sold, or offered for sale at retail only. Car washing and repair services shall be only incidental to the primary use.

Multi-Unit Dwelling/Development. Two or more dwelling units attached or detached on a lot, or two or more dwelling units attached to an adjacent dwelling located on individual lots or air space condominium, not including an accessory dwelling unit. Multi-unit dwellings or development include a duplex, triplex, condominium, townhouse, common interest development, common area developments (detached or attached), and apartments. Multi-unit dwellings or developments may also be combined with nonresidential uses as part of a mixed-use development. “Multi-Unit” may also be referred to as “Multi-family”.

Night Club. A facility that stays open late at night providing entertainment such as live music and/or dancing, comedy, etc. that may or may not serve alcoholic beverage or on-site consumption. A night club does not include "adult oriented business."
Nonconforming Lot. A lot that was legally created, but does not comply with the current area, width, depth, or other applicable requirements of this Zoning Code.

Nonconforming Structure. A structure that was legally constructed, but does not comply with the current area, width, depth, or other applicable requirements of this Zoning Code.

Nonconforming Use. A use of land and/or a structure (either conforming or nonconforming) that was legally established and maintained, but does not conform to the current Zoning Code requirements for allowable land uses within the applicable zone.

Off-Site. An activity or accessory use that is related to a specific primary use, but is not located on the same site as the primary use.

Office. This Zoning Code distinguishes between the following types of offices, not including medical offices (see medical services, clinic/urgent care, and medical services, doctor office):

1. Accessory. An office facility for business administration, and/or on-site business and operations management, which is incidental and accessory to another business, sales, and/or service activity on the same site that is the primary use.

2. Business/Service. An establishment providing direct services to consumers. Examples of this use include employment agencies, elected official satellite offices, insurance agent offices, property management, real estate offices, travel agencies, utility company offices, vehicle rental/sale offices with no vehicles on site, etc. Business/service office does not include financial Institutions, which are separately defined.

3. Processing. An office-type facility characterized by high employee density, and occupied by businesses engaged in information processing, and other computer dependent and/or 105
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map telecommunications-based activities. Examples of these uses include: reservation centers, insurance claim processing, mail order and electronic commerce transaction processing, consumer credit reporting, data processing services, and telemarketing offices.

4. Professional. An office facility occupied by a business that provides professional services, administrative services, or is engaged in the production of intellectual property. Examples of this use include: accounting, auditing and bookkeeping services; advertising agencies; attorneys; business associations; chambers of commerce; construction contractors (office facilities only); counseling services (for medical doctors see medical services, doctor offices); design services including architecture, engineering, landscape architecture; educational, scientific and research organizations; financial management and investment counseling; management and public relations services; media post production services; photographers and photography studios; political campaign headquarters; psychologists; travel agencies; and, security and commodity brokers.

On-Site. An activity or accessory use that is related to a specific primary use, which is located on the same site as the primary use.

Open Space.

1. Common Open Space. An area that is reserved for the use of the occupants and their guests that is not dedicated to an individual unit, property, or lot. This space is usually set aside for recreational, aesthetic, or environmental purposes and is not developed with buildings or other structures. Common open space shall include, but not be limited to, recreational areas and facilities for the use of the residents or guests of a development such as tennis courts, swimming pools, playgrounds, community gardens, landscaped areas for common use or other open areas of the site needed for the protection of the habitat, archaeological, scenic or other resources. Water bodies may be included but shall not be credited for more than 5% of the total required common open space. Common open space shall not include driveways, public or private streets, parking lots, private patios and yards, other developed areas or hard surfaced walkways.

2. Private Open Space. Private open space shall include, but not be limited to, patios, decks, yards, or agriculture related uses for the private use of the residents of individual dwelling units or quasi-public properties.

3. Public Open Space. Public open space shall include, but not be limited to, public parks, recreational support facilities (restrooms, stairways, picnic tables, etc.), public parking lots, access corridors such as bike paths, hiking or equestrian trails, usable natural areas, and vista points, which are accessible to members of the general public. Environmentally sensitive habitat areas and archaeological sites may be included in public open space. Water bodies such as streams, ponds and lakes may be included in public open space only if they are available for active recreational purposes, i.e., swimming, boating or fishing, but in no case shall water bodies be credited for more than 5% of the total public open space requirement within a development. Public open space shall not include areas that are unusable for recreational purposes, i.e., private or public streets, private parking lots, or hazardous areas such as steep slopes and bluff faces.

Overhang. Any feature of a building that projects out from the horizontal wall plane, such as a roof eave, stoop covering, or awning.

Parapet. A low wall built up above the level of a roof, generally to hide rooftop-mounted equipment.

Park, Playground. A public outdoor recreation facility that provides recreational opportunities such as community center, playground equipment, open space areas for passive recreation and picnicking, and sport facilities.

Parking Facility. Any place maintained for the outdoor parking of cars, excepting on a street, alley or other public place.
106
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map Parking Lot Sale. A temporary sale that is conducted by a retail store, shop or establishment in the area usually used for on-premises customer parking or pedestrian access (not within a public right-of-way) of that retail store, shop or establishment and at which sale the same type of merchandise sold within that store, shop or establishment is sold at retail.

Parking Space. A space designed and reserved for parking of motor vehicles, including all necessary maneuvering space, as provided elsewhere in this title.

Person. Any individual, firm, partnership, corporation, company, association, joint stock association; city, county, state, or district; and includes any trustee, receiver, assignee, or other similar representative thereof.

Personal Services. Establishments providing non-medical services to individuals as a primary use.

Examples of these uses include: barber and beauty shops; dressmaking and tailor shops; dry cleaning/laundry pick-up stores with limited equipment; laundromats (self-service laundries); locksmiths; pet grooming (no overnight boarding); computer and small electronic equipment repair; shoe repair shops; tanning salons; tattoo artist studios; piercing studios; and massage therapy when connected with a day spa or other individual massage therapy establishment where all message therapists are licensed by the California Massage Therapy Council (CMTC). These uses may also include accessory retail sales of products related to the services provided.

Personal Services, Restricted. Establishments providing non-medical services to individuals as a primary use, including bail bonds, check cashing services, drug paraphernalia business (hookah bars, head shops), smoke shops, and related practices buying gold/precious metals as a primary use, pawn shops, and beauty supply or skin care retail stores/spaces where on-site demonstrations are completed with no charge and/or where customers, patrons, and other persons may make appointments for no charge in order to solicit sales of beauty and other skin, hair, and health and beauty products, or offer beauty product samples through solicitation, whether primary or ancillary to another use.

Planning Commission. The City of Solvang planning commission as established in Title 2, Chapter 1 of the Solvang Municipal Code.

Planning Manager. The planning manager as defined in section 2-1-3 of the Solvang Municipal Code.

Primary Structure. A structure that accommodates the primary use of the site.

Public Trails. A pedestrian way traversing a park or open space area that is maintained by the City or some other entity.

Public Utility. Production, storage, transmission and recovery facilities for water, sewerage, energy and other similar utilities owned or operated by a business organization and subject to the jurisdiction of the Public Utilities Commission (PUC).

Printing and Publishing. An establishment engaged in printing by letterpress, lithography, gravure, screen, offset, or electrostatic (xerographic) copying; and other establishments serving the printing trade such as bookbinding, typesetting, engraving, photoengraving and electrotyping. This use also includes establishments that publish newspapers, books and periodicals; establishments manufacturing business forms and binding devices. Quick printing services are included in the definition of business support service.

Public and Quasi-Public. Includes public, semi-public, and private schools; government, civic, and community buildings and uses; public utility buildings and uses; museums and libraries; and similar uses. Public and quasi-public does not include specialized education/training.

Public Works Director. The City of Solvang Public Works Director or their designee. 107
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map Recreational Vehicle (RV). A motor home, travel trailer, truck camper, or camping trailer, with or without motive power, designed for human habitation for recreational, emergency, or other occupancy meeting the criteria in California Health and Safety Code Section 18010.

Recycling Facility. A center for the collection and/or processing of recyclable materials. A "certified" recycling or processing facility is certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986.

1. Processing Facility. A structure or enclosed space used for the collection and processing of recyclable materials for shipment, or to an end-user's specifications, by such means as baling, briquetting, cleaning, compacting, crushing, flattening, grinding, mechanical sorting, remanufacturing and shredding.

2. Recycling or Recyclable Material. Reusable domestic containers and other materials which can be reconstituted, re-manufactured, or reused in an altered form, including glass, metals, paper and plastic. Recyclable material does not include trash or hazardous materials.

3. Reverse Vending Machine. An automated mechanical device which accepts at least one or more types of empty beverage containers and issues a cash refund or a redeemable credit slip with a value not less than the container's redemption value, as determined by State law. These vending machines may accept aluminum cans, glass and plastic bottles, and other containers.

4. Small Collection Facility. A facility where the public may donate, redeem or sell recyclable materials, which occupies an area of 500 square feet or less and may include a mobile unit or reverse vending machines, where allowed by the applicable zone.

Religious Assemblies. See Meeting Facilities.

Remodel. See alteration.

Repair Service, Large Equipment. A service facility where various types of electrical, electronic, and mechanical equipment, and home and business appliances are repaired and/or maintained away from the site of the equipment owner. Repair service, large equipment does not include vehicle repair & services, the repair of small electronic equipment, which is included under personal services, maintenance and repair activities that occur on the client's site, which are included under maintenance service, client site services, or repair services of small equipment, which are classified as repair service, small equipment.

Repair Service, Small Equipment. A service facility where various types of small home appliances and household items are repaired at the business location. Examples include: vacuum and sewing machine repair, home electronics repair, and lawnmower repair.

Residential Care Facility. Any facility, place, or building that is maintained and operated to provide 24- hour non-medical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for protection of the individual and licensed or supervised by a Federal agency, state of California, or a local health or welfare agency. This use includes transitional housing and supportive housing. This use does not include childcare facilities, which are separately defined.

Residential Care Facility for the Elderly (RCFE). As defined by Title 22, Chapter 8 of the California Code of Regulations, a housing arrangement chosen voluntarily by the residents, or the residents' guardians, conservators or other responsible persons; where 75 percent of the residents are at least sixty years of age or older, or, if younger, have needs compatible with other residents; and where varying levels of care and supervision are provided, as agreed to at the time of admission or as determined necessary at subsequent times of reappraisal. RCFEs do not include childcare facilities, which are separately defined. include assisted living facilities, congregate housing, independent living centers/senior apartments, and life care facilities, etc.

Restaurant. A retail business where the primary activity is selling food prepared on site for on- or offpremises consumption. These include eating establishments where customers are served from a 108
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map walkup counter and establishments where customers are served food at their tables. Live entertainment including single instrument musician or band may be allowed as an ancillary use if no admission is charged. Examples include: cafes, coffee shops, donut shops, ice cream parlors, delicatessens, etc.

The sale of alcoholic beverages is allowed as an accessory use. Restaurants include the following:

1. Barbecue, Outdoor Commercial. Commercial "for profit" business not operated in a building, for the purpose of selling food to the general public that is prepared and cooked on an open flame or smoker apparatus as its primary food prepping device.

2. Restaurant, Formula. A restaurant devoted to the preparation and offering for sale of food and beverages for consumption either on or off the premises, which is required by contractual or other arrangements to offer any of the following: standardized menus, ingredients, food preparation, decor, uniforms or similar standardized features, and where there are five or more similar locations nationwide.

3. Walk-Up Food Service Window. An opening in an exterior wall of a building through which food, beverage and other consumable items are provided or served to the general public upon payment of a fee or charge. Walk-up food service windows do not include windows in a motor vehicle, as defined in the California Vehicle Code, through which food, beverage and other consumable items are provided or served to the general public, commonly called food trucks, or windows in a conveyance engaging in a sidewalk vending activity as defined in Title 4, Chapter 4 of the Solvang Municipal Code.

Review Authority. The individual or official City body (planning manager, design review committee, planning commission, or city council) identified by this Zoning Code as having the responsibility and authority to review and recommend or review and approve or disapprove the development applications described in Chapter 16 of this zoning code.

Right-of-Way Line. The recorded boundary of a public or private street or the existing or planned boundary of a public street and, when adopted, as indicated on the city's general plan circulation element.

Setback. The distance by which a structure, parking area or other development feature must be separated from a lot line, other structure or development feature. The setback area is as follows:

1. Front Setback. An area extending across the full width of the lot between the front lot line and the applicable setback measurement.

2. Rear Setback. An area extending the full width of the lot between a rear lot line and the applicable setback measurement.

3. Interior Side Setback. An area between a side lot line and the applicable setback measurement extending between the front and rear setbacks.

4. Street Side Setback. An area between a side lot line adjacent to the street and the applicable setback measurement extending from the front setback line to the rear lot line.

Short Term Rental. Any place, space, structure, or portion of any place, space, or structure, which is or may be occupied, or intended or designed for occupancy by transients for purposes of sleeping, lodging, or similar use in conformance with the City’s zoning regulations, for a period of 30 days or less.

Single-Unit Dwelling/Development. One detached dwelling designed for and occupied exclusively by one housekeeping unit, which includes one interior kitchen, but does not include any shared facilities including but not limited to driveways, drainage basins, landscaping, etc. that is found in a common area development. A single-unit dwelling may also include, as an accessory use, a legally established accessory dwelling unit and/or junior accessory dwelling unit in compliance with State law and the Solvang Municipal Code. This definition also includes individual manufactured housing units installed on a foundation system regulated pursuant to California Health and Safety Code Section 18551. SingleUnit may also be referred to as Single-family.

Single Room Occupancy. A multi-unit dwelling/development with one-room residential rental units where occupants may share common kitchen and bathroom facilities. 109
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map Smoke Shop. Any premises dedicated to the display, sale, distribution, delivery, offering, furnishing, or marketing of tobacco, tobacco products, or tobacco paraphernalia; provided, however, that any grocery store, supermarket, convenience store or similar retail use that only sells conventional cigars, cigarettes or tobacco as an ancillary sale shall not be defined as a “smoke shop and tobacco store”.

Special District. Any public agency, other than the county, formed pursuant to general law or special act for the local performance of governmental or proprietary functions within limited boundaries. Special district includes, but is not limited to, a city service area, a maintenance district or area, an improvement district or improvement zone, or any other zone or area, formed for the purpose of designating an area within which a property tax rate will be levied to pay for a service or improvement benefiting that area.

Specialized Education/Training. A school that provides education and/or training, including vocational training, in limited subjects. Examples of these schools include: establishments providing courses by mail, language schools, business, secretarial, and vocational schools, computers and electronics schools, and religious/ministry training facilities.

Specific Plan. A detailed plan for the systematic implementation of the General Plan for all or part of the area covered by the General Plan, as authorized by Government Code sections 65450 et seq.

Stairway. An interior or exterior series of steps usually with landings to move from one floor level to another.

Stock Cooperative. A corporation which is formed or availed of primarily for the purpose of holding title to, either in fee simple or for a term of years, improved real property, and all or substantially all of the shareholders of such corporation receive right of exclusive occupancy in a portion of the real property, title to which is held by the corporation. The term stock cooperative does not include a limited equity housing cooperative as defined in this section.

Storage, Outdoor. The storage of various materials outside of a structure either as an accessory or primary use.

Storage, Personal Storage Facility. A structure or group of structures containing generally small, individual, compartmentalized stalls or lockers rented as individual storage spaces and characterized by a low parking demand.

Storage, Vehicle. A facility for the storage of operative cars and other fleet vehicles, trucks, buses, recreational vehicles, and other motor vehicles. Storage, vehicle includes facilities for the storage and/or servicing of fleet vehicles but does not include commercial parking lots, or scrap or dismantling yards (See manufacturing/processing, heavy).

Storage, Warehouse. Facilities for the indoor storage of furniture, household goods, or other commercial goods of any nature. Storage, warehouse includes cold storage but does not include:
warehouse, storage or mini-storage facilities offered for rent or lease to the general public (see storage, personal storage facility); or warehouse facilities primarily used for wholesaling and distribution (see wholesaling and distribution).

Story. That portion of a building between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, then the space between the floor and the ceiling next above it.

Street. A public or private thoroughfare which affords principal means of access to abutting property, including avenue, street, place, way, court, drive, land, boulevard, highway, road, or any other thoroughfare except an alley as defined herein.

Street Frontage. The portion of a property line abutting a public or private street. 110
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map Structural Alteration. Any change in the supporting members of a building or structure such as bearing walls, column beams or girders, or in the dimensions or configurations of the roof.

Structure. Anything constructed or erected, the use of which requires location on the ground.

Studio, Art, Dance, Martial Arts, etc. Small scale recreational facilities typically accommodating a few groups of students at a time. Examples of these facilities include: individual and group instruction and training in the arts; production rehearsal; photography and the processing of photographs produced only by users of the studio facilities; yoga studios; martial arts training studios; gymnastics instruction, and aerobics and gymnastics studios with no other fitness facilities or equipment. These facilities also include production studios for individual musicians, painters, sculptors, photographers, and other artists.

Studio Unit. A residential unit where living and sleeping space is combined in a single room.

Subdivision. A division of land as defined by the California Subdivision Map Act.

Substantial Conformance/Compliance. Free from variation or contradiction, except where the variation or contradiction is minor, legal, justified and supported by the facts.

Supportive Housing. As defined in Section 50675.2 of the Health and Safety Code, housing with no limit on the length of stay, is occupied by a target population, and is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community.

Target Population. As defined in Section 50675.14 of the Health and Safety Code, and Section 65582 of the Government Code.

Telecommunications Facility. Public and private electromagnetic and photoelectrical transmission, broadcast, repeater and receiving stations for radio, television, telegraph, telephone, data network, and wireless communications, including commercial earth stations for satellite-based communications.

Includes antennas, commercial satellite dish antennas, and equipment buildings. Does not include telephone, telegraph and cable television transmission facilities utilizing hard-wired or direct cable connections.

Temporary Use Permit. A discretionary permit issued by the planning manager, which allows the use of land that is properly designed, operated and occupies a site for a limited time.

Transitional Housing. As defined in Section 50675.2 and California Government Code Section 65582.

Two-unit housing development. A development application proposing no more than two primary dwelling units on a single parcel located within a single-unit residential zone as authorized by Government Code Section 65852.21. A two-unit housing development shall consist of either the construction of no more than two new primary dwelling units or the addition of one new primary dwelling unit on a single parcel with one existing primary dwelling unit.

Utilities Facility. Any above-ground structures or facilities that are used in connection with the production, generation, transmission, or delivery of utilities, whether electrical, natural gas, fiber optics, or other type of infrastructure. These facilities shall be operated by utility company subject to the jurisdiction of the Public Utilities Commission (PUC).

Underground Utilities Facility. Pipes, cables, and equipment installed beneath the ground to provide essential services such as electricity, gas, telecommunications, water, and sewage, with above ground structures on private property utilized for delivery of these services. 111
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map Variance. A discretionary permit issued by the planning commission granting relief from the requirements of this Zoning Code such that construction is permitted in a manner that would otherwise be prohibited by this Zoning Code. See Section 11-16 (Variance).

Vehicle Charging Station. A public or private parking space(s) that is (are) served by battery charging equipment with the purpose of transferring electric energy to a battery or other energy storage device in an electric vehicle.

Vehicle Rental. A retail establishment renting automobiles, light trucks, boats, campers, and/or motorcycles, and bicycles, and other street legal vehicles, where vehicles are kept either on site or off premise.

Vehicle Repair and Services. The repair, servicing, alteration, restoration, towing, painting, cleaning, or finishing of automobiles, trucks, recreational vehicles, boats and other vehicles as a primary use, including the incidental wholesale and retail sale of vehicle parts as an accessory use.

Vehicle Sales. A retail or wholesale establishment selling automobiles, light trucks, boats, campers, and/or motorcycles. Vehicles for sale may be displayed outdoors or indoors. Vehicle sales may also include repair shops and the sales of parts and accessories incidental to vehicle sales but does not include the sale of auto parts/accessories separate from a vehicle dealership.

Village Design District. The area that encompasses the Village Design District Overlay Zone (DD-1) on the Zoning Map.

Vision Clearance. A triangular space at the street or highway corner of a corner lot containing no planting, walls or other structure exceeding three feet in height. Vision clearance shall be measured along the street line from the corner to the hypotenuse of the triangle.

Wholesaling and Distribution. An establishment engaged in selling and/or renting merchandise to retailers; contractors; industrial, commercial, institutional, farm, or professional business users; or other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to such persons or companies. Examples of these establishments include: agents, merchandise or commodity brokers, commission merchants, merchant wholesalers, assemblers, buyers and associations engaged in the cooperative marketing of farm products, stores primarily selling electrical, plumbing, heating and air conditioning supplies and equipment. Wholesaling and distribution also includes storage, processing, packaging, and shipping facilities for mail order and electronic-commerce retail establishments.

Wind Energy Conversion System. A machine or group of machines used to convert wind energy to a usable form (i.e., mechanical, electrical, etc.).

Wind Turbine Generators. A wind energy conversion system that utilizes a turbine to convert wind power to electrical energy.

Wine and/or Distillery Tasting. A retail sales facility where customers may taste and purchase wine and/or distilled spirits with a proper license issued by the California Department of Alcohol and Beverage Control. Live entertainment including single instrument musician or band may be allowed as an ancillary use if no admission is charged.

Zoning Ordinance. An ordinance authorized by Government Code section 65850. Referenced as either zoning ordinance or zoning code. See Section 11-1-1.
112
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map Chapter 4
Establishment and Designation of Zones
11-4-1 Purpose.

This Chapter establishes the Zones applied to property within the City, the land uses permitted in each Zone, and development standards.
11-4-2 Official Zoning Map and Zones.

A. Zones established. The City shall be divided into zones that implement the Solvang General Plan. The zones shown in Table 11.1 are hereby established and shall be shown on the Zoning Map.

TABLE 11.1
Zone
Symbols
Name of Zone General Plan Designation Implemented by
Zone
Residential Zones
0BER-3 1BEstate Residential 2BEstate Residential
3BER-1 4BEstate Residential 5BLow Density Residential
6BR-1 7BResidential Low Density 8BLow/Medium Density Residential 9BPR 10BPlanned Residential 11BMedium Density Residential 12BR-2 13BResidential Medium Density 14BMedium Density Residential 15BR-3 16BResidential High Density 17BHigh Density Residential 18BMHR 19BMobile Home Park 20BMobile Home Park
Commercial Zones
21BVMU 22BVillage Mixed-Use 23BTourist Commercial
24BCR 25BRetail Commercial 26BRetail Commercial
27BCH 28BHeavy Commercial 29BGeneral Commercial
30BPO 31BProfessional Office 32BProfessional/Office
Industrial Zones
33BLI 34BLight Industrial 35BLight Industrial
Open Space and Recreation Zones
36BP 37BParks 38BOpen Space/Recreation
39BOS 40BOpen Space 41BOpen Space/Recreation
42BAT 43BAgriculture Tourist 44BGuest Ranch
Public Facilities Zone
45BPI 46BPublic/Institution 47BPublic/Institutional
Overlay Zones
48BPD 49B- 50B51BSP-2 52BSP-2 – Village Estates 53BVaries 54BDD-1 55BDesign District-1 Village 56BVaries
57BDD-2 58BDesign District 2- Mission 59BVaries
113
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map 11-4-3 General Requirements for Development and New Uses.

All development and land uses shall comply with the following requirements.

A. Allowable uses. Uses of land shall be allowed as described in Section 11-4-4.

B. Permit and approval requirements. Any planning application or other approval required by Section 11-4-4 shall be obtained before the issuance of any required grading, building, or other construction permit, and before the proposed use is constructed, otherwise established or put into operation.

C. Development standards, conditions of approval. Each land use and structure shall comply with the development standards of this Zoning Code, and any applicable conditions imposed by a previously approved planning application on file with the City. 11-4-4 Allowable Uses and Planning Application Requirements.

A. Allowable uses. The uses of land allowed by this Zoning Code in each zone are listed in Tables

11.2, 11.4, 11.6, 11.8, and 11.10 of this Chapter.

B. Conditional Use Permit requirements. A use identified by Tables 11.2, 11.4, 11.6, 11.8, or 11.10 as requiring a Conditional Use Permit or “CUP” may be established upon approval of a Conditional Use Permit by the review authority, and other required development applications consistent with this Title.

C. Allowable or Permitted Use requirements. A use identified by 11.2, 11.4, 11.6, 11.8, or 11.10 with a permitted use or “P” may also require one of the following entitlements or approvals:

1. Zoning Clearance (Section 11-16-3);

2. Development Permit (Section 11-16-4).

D. Use not listed. A use that is not listed in Tables 11.2, 11.4, 11.6, 11.8, or 11.10, and is determined by the planning manager to not be included under the definition of a listed use, is not allowed within the city, except as otherwise provided in this Title or by applicable State law.

E. Specific Use Regulations. Where the last column in Tables 11.2, 11.4, 11.6, 11.8, or 11.10 includes a Section reference or additional standard, the regulations in the referenced Section or additional standard shall apply to the use.

F. Additional Permits. A use authorized through the approval of any type of planning application may also require a Building Permit, and/or other permit required by the Solvang Municipal Code, and/or Federal and State law.
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ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map Chapter 5
Agriculture Tourist (AT) Zone
§ 11-5-1 Purpose and intent.

The purpose of the Agricultural Tourist (AT) zone is to designate lands appropriate for agricultural tourist uses, as defined on the General Plan land use designation map and element. The intent is to provide standards that will support continuing agriculture operations and tourism. § 11-5-2 Allowable Uses and Permit Requirements.

Table 11.2 – Agriculture Tourist Zone Allowable Uses and Permit Requirements1 Land Use AT1 Specific Use Regulations
Recreation, Education, & Public
Facilities
Agriculture Grazing P
Golf Course CUP
Meeting Facility, Public or Private CUP
Public Trails P
Residential
Accessory Dwelling Unit P Section 11-12-2
Accessory Structure P Section 11-12-3
Agriculture Employee Housing P Section 11-12-4
Caretaker Residence CUP Section 11-12-14
Services
Agri-Tourism CUP
Guest Ranch CUP
Transportation & Infrastructure
Parking Facility CUP Section 11-11-13
Telecommunications Facility CUP Section 11-18
Utilities Facility CUP Section 11-12-25
Underground Utilities Facility CUP Section 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. Zoning Clearance (Section 11-16-3)
b. Development Plan (Section 11-16-4)
Legend
P Permitted Use
CUP Conditional Use Permit Required
Unless a P or CUP appears in the table, the use is not allowed 115
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map § 11-5-3 Agriculture Tourist Development Standards.

Table 11.3 – Agriculture Tourist Zone Development Standards AT1
Building Placement Requirements2
Setbacks
Front 25’
Street Side 20’
Side 20’
Rear 50’
Building Form Requirements
Building Height (max.) 35’
Density Requirements
Residential Density
(units/acre) – maximum 10 du/per acre
FAR - maximum 0.35
Lot Requirements
Lot size (min.) 5 gross acres
Other Requirements
Landscaping (min.) N/A
Fences, Walls and Screening See Section 11-12-14
Parking See Section 11-11-13
Signs See Chapter 11-13
End Note

1. Units are in feet, noted with an apostrophe or dwelling units per acre noted as “du/acre”

2. Measured from property line
116
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map Chapter 6
Residential Zoning Districts
§11-6-1 Purpose and intent.

This Chapter lists the residential zones established by Section 11-4-2, the types of uses allowed in residential zones, and the development standards in each residential zone. §11-6-2 Residential Zones Defined.

A. Estate Residential (ER-3). The Residential Estate zone is intended to accommodate detached large lot and estate ranch-type dwelling units not to exceed one (1) dwelling unit per three (3) acres. Public and quasi-public uses, and similar or compatible uses may be appropriate.

B. Estate Residential (ER-1). The Residential Estate zone is intended to accommodate detached large lot and estate ranch-type dwelling units not to exceed one (1) dwelling unit per one (1) acre. Public and quasi-public uses, and similar or compatible uses may be appropriate.

C. Residential Low Density (R-1). The Residential Low Density zone is intended to accommodate detached dwelling units not to exceed one (1) dwelling units per one (1) acre. Public and quasipublic uses, and similar or compatible uses may be appropriate.

D. Planned Residential (PR). The Planning Residential zone is intended for single unit detached dwellings, that may include infrastructure and/or open spaces maintained by a financing mechanism such as a community facilities district, landscape and lighting district or homeowners association. Density of up to two (2) dwelling units per one (1) acre is permitted.

E. Residential Medium Density (R-2). The Residential Medium density zone is intended for singleand multi-family dwelling unit, typically comprised of detached single-family and/or mediumdensity, multi-family dwellings on smaller parcels. Density range for proposed developments is three (3) units per one (1) acre up to eight (8) units per one (1) acre. Public and quasi-public uses, and similar or compatible uses may also be appropriate.

F. Residential High Density (R-3). The Residential High Density Residential zone is intended to accommodate small-lot detached and attached multi-unit dwellings at densities ranging from eight (8) units per one (1) acre up to twenty (20) units per one (1) acre. Public and quasi-public uses, and similar or compatible uses may also be appropriate.

G. Mobile Home Park (MHR). The Mobile Home Park zone is for the development of mobile home parks not to exceed eight (8) units per one (1) acre.

H. Housing sites identified in the Housing Element shall have a density of 20 dwelling units per acre.
§11-6-3 Allowable Uses and Permit Requirements
Table 11.4 – Residential Zones Allowable Uses and Permit Requirements1 Land Use ER3 ER-1 R-1 PR R-2 R-3 MHR Specific Use
Regulations
Residential
Accessory Dwelling Units P P P P P P P 11-12-2
Accessory Structures P P P P P P P 11-12-3
Animal Keeping P P P P P P P 11-12-5
Child Care Facility P P P P P P P 11-12-6
Hobby Farm P P
Home Occupation P P P P P P P 11-12-11
117
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map Table 11.4 – Residential Zones Allowable Uses and Permit Requirements1 Land Use ER3 ER-1 R-1 PR R-2 R-3 MHR Specific Use
Regulations
Group Homes P P P P P P
Mobile Home Park CUP 11-6-5
Mobile Home P P P P P P P 11-12-14
Multi-Unit Dwellings, Attached P P P
Multi-Unit Dwellings,
Detached/Cluster Development2 P P
Residential Care Facility, 1-6
Clients P P P P P P
Residential Care Facilities for
the Elderly P P P P P P
Single Room Occupancy P P
Short Term Rental P 11-12-20
Single-Unit
Dwelling/Development P P P P P P
Supportive Housing P P P P P P P
Two-Unit Housing
Developments P P P P
Transitional Housing3 P P P P P P P
Recreational, Education &
Public Assembly
Meeting Facility, Public or
Private
CU

P CUP CUP CUP CUP CUP
Park, Playground (Public) P P P P P P P
Public or Quasi-Public CU

P CUP CUP CUP CUP CUP
Transportation and Infrastructure
Parking Facility CUP CUP 11-11-13
Telecommunications Facility CU
P CUP CUP CUP CUP CUP CUP 11-18
Utilities Facility CU
P CUP CUP CUP 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. Zoning Clearance (Section 11-16-3)
b. Development Plan (Section 11-16-4)

2. Clustered Development. The clustered residential density shall not exceed the density allowed by the zone district.

3. Transitional Housing and Supportive Housing. Transitional housing and supportive housing shall be considered residential use of property and shall be subject only to those restrictions that apply to other dwellings of the same type in the same zone. Supportive housing shall be a use by right in all zones where multifamily and mixed uses are permitted if the proposed project meets the requirements of Government Code Sections 65650-65656.
118
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map Table 11.4 – Residential Zones Allowable Uses and Permit Requirements1 Land Use ER3 ER-1 R-1 PR R-2 R-3 MHR Specific Use
Regulations
Legend
P Permitted Use
CUP Conditional Use Permit Required
Unless a P or CUP appears in the table, the use is not allowed 119
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map §11-6-4 Residential Development Standards.
§11-6-5 Additional Residential Zone Requirements.

The following are regulations as indicated for each residential zone.

A. Open Space and Landscaping in R-2 and R-3 Zones.

1. Required Landscaping. A minimum width of five (5) feet of landscaping shall be constructed between any parking area or driveway, and a property line.

Table 11-5– Residential Zones Development Standards
ER-3 ER-1 R-1 PR R-2 R-3 MHR Specific
Regulations
Building Placement Requirements
Setbacks (minimum, in feet)1
Front (in feet): 25’ 25’ 20’ 20’ 15’ 10’ 15’
11-11-11 Side 10’ 10’ 10’ 5’ 5’ 5’ 5’
Street Side 15’ 15’ 15’ 15’ 10’ 5’ 5’
Rear 25’ 25’ 10’ 10’ 5’ 5’ 10’
Building Form Requirements
Building Height
(maximum, in feet) 25’ 25’ 25’ 25’ 35’ 35’ 25’ 11-11-16 Lot Coverage
(maximum) 30% 30% 30% 50% 60% 60% 60%
Distance between
buildings (in feet) 10’ 10’ 6’ 6’ 6’ 6’ 6’
Density Requirements
Density (units/gross
acre) – minimum - - - - 3 82
Density (units/gross
acre) – maximum
1 unit
per 3
acre
s
1 1 2 8 20 8
Lot Requirements
Lot Size
(minimum square feet,
unless other unit noted)
3 acres
1 acre 20,000 10,000 6,000 2,178 4,000
Lot Width
(minimum, in feet) 100’ 100’ 90’ 80’ 60’ 30’ 40’
Lot Depth
(minimum, in feet) 120’ 110’ 100’ 90’ 70’ 50’ 70’
Other Requirements
Landscaping - minimum 30% 30% 25% 20% 10% 10% 15% Section 11-11-9 Fences, Walls &
Screening
See Section 11-12-14
Parking See Section 11-11-13
End Notes

1. Setbacks shall be measured from property lines.

2. Housing sites identified in the Housing Element shall have a density of 20 dwelling units per acre. 120
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map

2. Alteration of Existing 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 design review committee, or, if part of an application to the planning commission, by the planning commission with recommendation from the design review committee.

B. Condominiums and Stock Cooperatives. The following requirements may be applied by the review authority for condominium or stock cooperative developments:

1. Private Storage Requirement. Each dwelling unit shall be provided with at least 100 cubic feet of enclosed storage space on site, which shall not include usable storage space within the dwelling units, such as closets, cabinets and pantry.

2. Utility Metering. Individual metering for utilities shall be provided for each unit, unless such metering would be in conflict with an innovative, energy efficient or resourceconserving utility system designed for the project. Master meters may be utilized as approved by the Utilities Director.

3. Requirement for Separate Laundry Facilities. Separate laundry facilities, including a clothes washer and dryer, shall be required in each dwelling unit.

4. Private Open Space. Each dwelling unit shall include a private open space that is a minimum of 80 square feet. 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 does not include stairs, entrance decks, stoops, and/or landings.

5. Common Open Space. Common open space and recreation areas shall be provided.

C. Mobile Home Park (MHR) additional standards. The following are additional development standards for mobile home parks.

1. Parking requirement.
a. Number of Spaces. Two (2) parking spaces shall be provided for each mobile home site. Such parking spaces may be permitted on individual sites or one (1) parking space may be provided on the individual sites and the other parking space may be located in common parking areas located throughout the mobile home development.
b. Vehicle Storage. Storage parking facilities for recreational vehicles shall be constructed at the ratio of one storage space for each five mobile home sites.

Storage areas shall be screened by landscaping and fencing for security purposes. Minimum dimensions for each storage space shall be 10 feet by 20 feet.

2. Garages. Any garage must be set back 15 feet from the front line of a mobile home site.

3. Location of Common Parking. Common parking areas shall be located no closer than 10 feet to any mobile home site.

4. Open Space and Landscaping.
a. Open Space Requirements. A minimum of 15% of the gross area of the mobile home development shall be common open space, which shall include a recreational area and facilities for the use of the residents of the mobile home park. Such facilities shall generally be provided in a central location and may include lawn and picnic areas, swimming pools, and tennis courts. Laundry facilities or other non-recreational uses shall not be included in the common open space. Improved sidewalks, walkways or paths shall link all mobile home sites to recreational facilities. If the mobile home park is to be developed in phases, the open space/common recreational area must be developed during the first phase of construction.
b. Mobile Home Park Condominium Development. Title to the common open space, common recreational amenities and private streets in a mobile home park condominium development shall be conveyed to a nonprofit association of all homeowners within the project area, or any other nonprofit individual or entity on such reasonable terms and conditions as the city council may prescribe subject 121
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map to conveying to the city the rights to develop such common open space with anything except open space, noncommercial recreational facilities, common parking areas and private streets.
c. Maintenance. Preservation and maintenance of all common open space, common recreational facilities, common parking areas and private streets shall be the obligation of the individual or entity holding title to said areas. d. Landscaping Location. Perimeter setback areas which are part of the common open space of the mobile home development shall be landscaped. Unsightly areas within the development such as common parking areas and trash storage areas shall be thoroughly screened by landscaping.

5. Additional Requirements Building Requirements.
a. Skirting. Skirting shall be required for all mobile homes. b. All development shall be in compliance with Title 25, Division 1 of the California Code of Regulations.
122
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map Chapter 7
Commercial & Industrial Districts
§ 11-7-1 Purpose and intent.

This Chapter lists the commercial and industrial zones as established by Section 11-4-2 and establishes the types of land uses allowed and development standards in each commercial and industrial zone.
§11-7-2 Commercial and Industrial Zones Defined.

A. Light Industrial (LI). The Light Industrial zone is intended to accommodate a range of light industrial uses characterized by light manufacturing, research and development facilities, warehouses, and processing facilities. Maximum allowed Floor Area Ratio (FAR) is 0.75.

B. Heavy commercial (CH). The Heavy Commercial zone is intended to accommodate large scale commercial establishments and is characterized by wholesale, heavy commercial uses, and residential mixed-use development. Residential development is permitted in this designation in a vertical mixed-use format only. For vertical mixed-use developments, the ground floor shall remain a non-residential use. Maximum allowed FAR is 0.65. Maximum allowable residential density shall be 20 dwelling units per one (1) acre.

C. Retail Commercial (CR). This Retail Commercial zone is intended for uses that serve the everyday needs of residents. This designation is characterized by specialty shops, grocery stores, personal service establishments, and residential mixed-use development. Residential is permitted in this designation only in a vertical mixed-use format. For vertical mixed-use developments, the ground floor shall remain a non-residential use. Maximum allowed FAR is

1.0, and allowable residential density shall be up to 20 dwelling units per one (1) acre.

D. Village Mixed-Use (VMU). The Village Mixed-Use zone is intended for a mix of commercial establishments, residential, professional office, hotels, hospitality uses, visitor-serving uses, and entertainment venues. This designation provides for a variety of uses with an emphasis on visitor-serving uses within the Danish theme downtown area of the village design district. The ground floor shall remain a non-residential use for all vertical mixed-use developments.

Horizontal mixed-use developments are permitted so long as the uses facing the street frontage are commercial retail/service uses. Maximum allowed FAR is 3.0, and allowable residential density shall be up to 20 dwelling units per one (1) acre.

E. Professional Office (PO). The Professional Office zone is intended for a range of office uses and is characterized by medical centers, general office uses, and residential mixed-use development. Residential uses are permitted in this designation in a vertical mixed-use format only. For vertical mixed-use development, the ground floor shall remain a non-residential use.

Maximum FAR allowed is 0.65, and allowable residential density shall be up to 20 dwelling units per one (1) acre.
123
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map Table 11.6 – Commercial & Industrial Zones Allowable Uses and Permit Requirements1 Land Use LI CH CR VMU PO Specific Use
Regulations
Industry, Manufacturing & Processing
Beverage Manufacturing and Production P P CUP
Manufacturing, Artisan P P P
Manufacturing/Processing, Light P P P
Manufacturing/Processing, Medium P P
Manufacturing/Processing, Heavy CU
P
CU
P
Media Production P P P P
Storage, Warehouse P P
Storage, Outdoor CU
P
CU
P
Storage, Personal Storage Facility CU
P
CU
P
Storage, Vehicles CU
P
CU
P
Recycling, Processing Facility CU
P
CU
P
Recycling, Small Collection Facility P P P P
Research and Development / Technology
Uses
P P P
Recreation, Education & Public Assembly
Certified Farmers’ Market2 CUP CUP
Commercial Recreation Facilities, Indoor P P CUP P
Commercial Recreation Facilities, Outdoor CU
P
CU
P
CUP
Health/Fitness Facility P P P P
Meeting Facility, Public or Private CU
P
CU
P

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
124
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map 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
125
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map 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
126
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map 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
127
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map § 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.
128
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map §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. 129
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map 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

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. Zoning Clearance
b. Development Plan

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 130
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map §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.
131
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map 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

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. Zoning Clearance
b. Development Plan

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.
132
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map 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.
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ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map 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.
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ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map 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. 135
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map 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 136
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map 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. 137
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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. 138
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map 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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ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map 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. 141
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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.

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. Use of entry porch, stoop, or covered element shall be incorporated.

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.

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, 142
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map 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 143
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map 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.
144
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map 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. 145
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map 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.
146
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map

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 147
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map 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. 148
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map 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.
149
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map 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 150
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map 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 151
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map 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 152
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map 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. 153
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map 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.
154
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map

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 155
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map 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 156
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map 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:
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ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map 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:
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ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map 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.
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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 160
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map 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. 161
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map

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. 162
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map 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. 163
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map

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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ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map 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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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). 166
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map 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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ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map 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.
168
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map 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:
169
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map 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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ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map 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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ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map

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 172
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map 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 173
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map 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 174
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map 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. 175
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map

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 176
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map 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.
177
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map 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 178
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map 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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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. 180
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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 181
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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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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 184
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map 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 185
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map 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.
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ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map 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 187
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map 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 188
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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.
189
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map § 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 190
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map 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 191
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map 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. 192
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map

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, 193
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map 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
194
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map 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.
195
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map 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.
196
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map 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.
197
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map 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
198
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map 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.

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 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.
199
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map 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.

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. Wrought iron brackets are to be specifically designed and in compliance with historic building designs.

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.

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.
200
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map A hanging under canopy/arcade sign must clear the nearest sidewalk by a minimum of seven feet.

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).
201
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map 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.
202
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map 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.
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ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map

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.
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ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map 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.

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 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.

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.

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. 205
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map

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.
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ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map 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.

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.

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 207
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map 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 208
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map 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 209
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map 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 210
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map 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 211
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map 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 212
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map 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 213
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map 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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ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map 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. 215
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map 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. 216
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map 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 217
ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map 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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ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map 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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ORD 24-0378: Repeal and Replace Title 11 Zoning Ordinance & Zoning Map 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.

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