The following policies as set forth and adopted in the city coastal land use plan are incorporated into this title. These policies shall serve as development standards for all development subject to the provisions of this title. Nothing in this chapter shall be deemed to obligate any city expenditure without an express appropriation of funding for the same by the city council.

1.

General.

a.

Where policies within the land use plan overlap, the policy which is the most protective of resources i.e., land, water, air, etc., shall take precedence. (Policy 1-2)

b.

Where there are conflicts between the policies set forth in the land use plan and those set forth in any element of the city's existing general plan or existing regulations, the policies of the land use plan shall take precedence. (Policy 1-3)

c.

The density specified in the land use plan for a particular parcel may be reduced if it is determined that such reduction is warranted by conditions specifically applicable to the site, such as topography, geologic, or flood hazards, habitat areas, or steep slopes, particularly when such constraints are indicated by the overlay designations on the land use plan maps. (Policy 2-29)

2.

Water and Other Public Service Systems.

a.

All new development shall be served by the Carpinteria county water district. At such time as extractions from the groundwater basin have reached the safe yield level, use of a private water well for new development shall be grounds for denial of the project. (Policy 12-3)

b.

At such time as a permanent increase in the water supply of the Carpinteria county water district is obtained (through development of surface water facilities, wastewater reclamation, desalinization of sea water, etc.), prior to issuing a development permit for any nonpriority use, the city shall make the finding that an adequate supply of water is being held in reserve to accommodate the priority uses established for the city. (Policy 12-4)

c.

Resource-conserving water devices shall be used in all new development. (Policy 2-27)

d.

Prior to issuance of a development permit, the city shall make the finding, based on information provided by the applicant or other agencies that adequate services and resources (i.e., water, sewer, roads, etc.) are available to serve the proposed development. The applicant shall assume full responsibility for costs incurred in service extensions or improvements that are required as a result of the proposed project. Lack of available services or resources shall be grounds for denial of the project or reduction in the density otherwise indicated in the land use plan. (Policy 2-28)

3.

Hazards.

a.

Applications for grading and building permits, and applications for subdivision shall be reviewed for adjacency to threats from, and impacts of geologic hazards arising from seismic events, tsunami run up, landslides, beach erosion, or other hazards such as expansive soils and subsidence areas. In areas of known geologic hazards, a geologic report may be required. Mitigation measures shall be applied where necessary. (Policy 3-8)

b.

Major structures such as schools, hospitals, or communications facilities shall be sited a minimum of fifty feet from a potentially active earthquake fault. Greater setbacks may be required if local geologic conditions warrant. (Policy 3-10)

4.

Beach Development.

a.

Seawalls shall not be permitted unless the city has determined that there are no other less environmentally damaging alternatives for protection of existing development. Where permitted, seawall design and construction shall respect to the degree possible natural land forms. Adequate provisions for lateral beach access shall be made and the project shall be designed to minimize visual impacts by use of appropriate colors and materials. (Policy 3-1)

b.

Revetments, groins, cliff retaining walls, pipelines, outfalls, and other such construction that may alter natural shoreline processes shall be permitted when designed to eliminate or mitigate adverse impacts on local shoreline sand supply and so as not to block lateral beach access. (Policy 3-2)

c.

To avoid the need for future protective devices that could impact sand movement and supply, no permanent aboveground structures shall be permitted on the dry sandy beach except facilities necessary for public health and safety, such as lifeguard towers, and recreational facilities of a temporary nature, such as volleyball nets. (Policies 3-3 and 7-2)

d.

For all developments between the first public road and the ocean, granting of lateral easements to allow for public access along the shoreline shall be mandatory. In coastal areas, where the bluffs exceed five feet in height, all dry sandy beach seaward of the base of the bluff shall be dedicated to the city. In coastal areas where the bluffs are less than five feet, the area to be dedicated shall be determined by the city. At a minimum, the dedicated easement shall be adequate to allow for lateral access during period of high tide. (Policy 7-13)

e.

For new developments between Sandyland Road and City Beach, the city shall determine the extent to which the land proposed for development has historically been used by the public for informal parking and beach access and shall require adequate provision for continuation of such use. (Policy 7-1)

f.

In those areas where it is established that the public has acquired a right of access through use, custom or legislative authorization, new development shall not interfere with or diminish such access. This policy shall be interpreted to allow flexibility in accommodating both new development and continuation of historic public parking and access. (Policy 7-20)

5.

Bluff Development.

a.

In areas of new development, aboveground structures shall be set back a sufficient distance from the bluff edge to be safe from the threat of bluff erosion for a minimum of one hundred years. The city shall determine the required setback; a geologic report may be required by the city in order to make this determination. (Policy 3-4)

b.

Within the required bluff top setback, drought tolerant vegetation shall be maintained. Grading, as may be required to establish property drainage or to install landscaping, and minor improvements (i.e., patios and fences) that do not impact public views or bluff stability may be permitted. (Policy 3-5)

c.

Development and activity of any kind beyond the required bluff top setback shall be constructed to insure that all surface and subsurface drainage shall not contribute to the erosion of the bluff face or the stability of the bluff itself. (Policy 3-6)

d.

No development shall be permitted on the bluff face, except for engineered staircases or accessways to provide public beach access and pipelines for scientific research or coastal-dependent industry. Drainpipes shall be allowed only where no other less environmentally damaging drain system is feasible and the drainpipes are designed and placed to minimize impacts to the bluff face, toe, and beach. Drainage devices extending over the bluff face shall not be permitted if the property can be drained away from the bluff face. (Policy 3-7)

6.

Conversion of Agricultural Lands. If a parcel(s) is designated for agricultural use and is located in either: (a) a rural area contiguous with the urban/rural boundary or (b) an urban area, conversion or annexation shall not occur unless:

a.

The agricultural use of the land is severely impaired because of nonprime soils, topographical constraints, or urban conflicts (e.g., surrounded by urban uses which inhibit production or make it impossible to qualify for agricultural preserve status); and

b.

Conversion would contribute to the logical completion of an existing urban neighborhood; and

c.

There are no alternative areas appropriate for infilling within the urban area or there are no other parcels along the urban periphery where the agricultural potential is more severely restricted; and

d.

The parcel could not be maintained in productive use through the use of greenhouses or alternative agricultural uses; and

e.

Conversion would result in a well-defined demarcation between urban and agricultural uses and would not create a precedent for conversion of adjacent agricultural lands.

7.

Archaeology.

a.

All available measures, including purchase, tax relief, purchase of development rights, etc., should be explored to avoid development on important archaeological sites. Where these measures are not feasible and development will adversely affect identified archaeological or paleontological resources, adequate mitigation shall be required. (Policy 10-1)

b.

Activities other than development, which could damage or destroy archaeological sites, including off-road vehicle use and unauthorized collecting of artifacts, shall be prohibited. (Policy 10-2)

8.

Aquaculture. Aquaculture facilities shall be sited and designed to be compatible with the natural surroundings. To minimize impacts on coastal visual resources, structures shall be well-screened and depressed below grade when feasible. Intake and outfall lines for ocean water shall be underground unless not feasible for a particular operation, i.e., salmon culture. If aboveground channels or pipes are necessary, adequate provisions for lateral beach access shall be required. (Policy 6-8)

9.

Environmentally Sensitive Habitats. All development, including agriculture, adjacent to areas designated on the land use plan maps as habitat areas, adjacent to ocean-fronting parks and recreation areas, or contiguous to coastal waters, shall be regulated to avoid adverse impacts in habitat resources. Regulatory measures include, but are not limited to setbacks, buffer zones, grading controls, noise restrictions, and maintenance of natural vegetation. (Policy 2-26)

10.

Visual Impacts of Development.

a.

Broad unobstructed views from the nearest public street to the ocean, including but not limited to Linden Avenue, Bailard Avenue, Carpinteria Avenue, and U.S. 101, shall be preserved to the extent feasible. In addition, new development that is located on or adjacent to bluffs, beaches, or streams, or adjacent to Carpinteria Marsh shall be designated and sited to prevent adverse impacts on the visual quality of these resources. To preserve views and protect these visual resources, new development shall be subject to all of the following measures:

(1)

Provision for clustering development to minimize alterations to topography or to avoid obstruction of views to the ocean;

(2)

Height restrictions to avoid obstruction of existing views of the ocean from the nearest public street;

(3)

In addition to the bluff setback required for safety (Policy 3-4) additional bluff setbacks may be required for ocean-front structures to minimize or avoid impacts on public views from the beach. Blufftop structures shall be set back from the bluff edge sufficiently far to insure that the structure does not infringe on views from the beach except in areas where existing structures already impact public views from the beach. In such cases, the new structure shall be located no closer to the bluff's edge than the adjacent structures;

(4)

Special landscaping requirements to mitigate visual impacts. (Policy 4-1)

b.

New development, or redevelopment, in the downtown section of the city shall be in conformance with the scale and character of the existing community and consistent with the city's theme of a small beach-oriented community. (Policy 4-2)

11.

Oil and Gas Processing Facilities. If an onshore pipeline for transporting crude oil to refineries is determined to be economically feasible, proposals for expansion, modification, or construction of new coastal-dependent oil and gas processing facilities shall be conditioned to require transshipment of oil through the pipeline when constructed. Small operators may be excluded from such a pipeline when it is found that: (1) they have minimal quantities of product to be shipped; (2) that they can ship by other means more economically; (3) they can ship by other means with less adverse environmental impacts. (Policy 6-1)

12.

Oil and Gas Pipelines. Note: Standards "e" and "f" do not apply to gas pipelines.

a.

Except for pipelines exempted from coastal development permits under Section 30610(c) and (e) of the Coastal Act as defined by the state Coastal Commission's Interpretive Guidelines, a survey shall be conducted along the route of any pipeline in the coastal zone to determine what, if any, coastal resources may be impacted by construction and operation of a pipeline. The costs of this survey shall be borne by the applicant. (This survey may be conducted as part of environmental review if an EIR is required for a particular project.)

The survey shall be conducted by a consultant selected jointly by the applicant, the city, and the Department of Fish and Game. If it is determined that the area to be disturbed will not revegetate naturally or sufficiently quickly to avoid other damage, as from erosion, the applicant shall submit a revegetation plan. The plan shall also include provisions for restoration of any habitats which will be disturbed by construction or operation procedures.

For projects where a revegetation plan and/or habitat restoration plan has been deemed necessary, one year after completion of construction, the area crossed by the pipeline shall be resurveyed to assess the effectiveness of the revegetation and restoration plan. This survey shall continue on an annual basis to monitor and to assure that progress is being made in returning the site to preconstruction conditions or until the city feels no additional progress is possible.

The city may require the posting of a performance bond by the applicant to ensure compliance with these provisions. (Policy 6-2)

b.

Herbicides shall not be used during pipeline construction and sidecasting of soil shall be restricted when deemed necessary, by removal of excess soil to an approved dumping site after the excavation has been backfilled and compacted. (Policy 6-3)

c.

The pipeline shall be sited and constructed in such a manner as to inhibit erosion. (Policy 6-4)

d.

When feasible, pipelines shall be routed to avoid important coastal resources, including recreation, habitat, and archaeological areas. (Policy 6-5)

e.

For pipeline segments passing through important coastal resource areas, including recreation, habitat, and archaeological areas, the segment shall, in the case of a break, be isolated by automatic shutoff valves. The city shall determine whether spacing of automatic shutoff valves at intervals less than the maximum set by the Department of Transportation is required to protect coastal resource values. (Policy 6-6)

f.

Unavoidable routing through recreation, habitat, or archaeological areas, or other areas of significant coastal resource value, shall be done in a manner that minimizes the impacts of a spill, should it occur, by considering spill volumes, durations, and trajectory. Appropriate measures for cleanup or structures such as catch basins to contain a spill shall be included as part of an oil spill contingency plan. (Policy 6-7)

13.

Pipelines—Generally. Water, gas, sewer, electrical, or crude oil transmission and distribution lines which cross fault lines shall be subject to additional safety standards, including emergency shutoff where applicable. (Policy 3-9)

14.

Repair, Replacement and Modification of Gas Pipelines. No conditional use permit or development plan shall be required for the repair, replacement or modification of existing underground gas pipelines where each of the following requirements is met:

a.

The repair, replacement or modification activities will not take place in, or require access through, any environmentally sensitive habitat area;

b.

The repair, replacement or modification will not result in substantial increase in volume of gas transported through the pipeline;

c.

The pipeline, after repair, replacement or modification, complies with all applicable safety and engineering standards established by state and federal law;

d.

The repair, replacement or modification will not significantly expand or alter the right-of-way occupied by the existing pipeline;

e.

The ground surface over the pipeline is restored to its prior condition (or better) immediately upon completion of work. Where the ground surface was previously vegetated, the pipeline operator shall revegetate the surface immediately if natural revegetation is not likely to occur within three months. In all other cases the operator shall revegetate the surface within three months of the completion of work if expected natural revegetation has not occurred.

(Ord. 489 § 1, 1993; Ord. 315 § 1 (part), 1981)

1.

No accessory structure shall be constructed on a parcel until construction of the principal structure has begun, and no accessory structure shall be used unless the principal structure on the lot is also being used.

2.

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

3.

Accessory structures shall conform to the height requirements and the front and side yard setback regulations of the district. An accessory structure may be located in the required rear yard setback; provided, that it is located no closer than ten feet to the principal structure and that it occupies no more than forty percent of the rear yard. (See Section 14.50.070(3))

4.

No accessory structure on a corner lot shall be located closer to the street right-of-way than the principal building on that parcel, nor within any side or front yard setback area.

5.

For a corner lot backing on a key lot, no accessory structure shall be located closer than ten feet to the rear property line.

(Ord. 315 § 1 (part), 1981)

1.

A home occupation (as defined in Chapter 14.08) shall be conducted within not more than one room of the dwelling portion of a building.

2.

There shall be no structural alterations of the dwelling and the existence of the home occupation shall not be apparent beyond the boundaries of the property.

3.

The home occupation shall be conducted solely by the occupants of the dwelling unit.

4.

There shall be no displays, sale of commodities upon the premises or advertising signs used on the premises.

5.

There shall be no more than five customers, patients, clients, students, or other persons served by the occupation upon the premises at any one time.

6.

A home occupation shall not create any radio or television interference or create noise audible beyond the boundaries of the site.

7.

No smoke or odor shall be emitted.

8.

There shall be no outdoor storage of materials related to the home occupation.

9.

No vehicles or trailers except those incidental to the residential use shall be kept on the site.

10.

A home occupation shall be strictly secondary and subordinate to the primary residential use and shall not change or detrimentally affect the residential character of the dwelling, the premises, or the neighborhood.

11.

A city business license shall be required as provided in Section 5.04.080.

(Ord. 315 § 1 (part), 1981)

1.

Swimming pools and attendant structures shall be classified as accessory uses in all zoning districts.

2.

A swimming pool or any attendant structure shall not be located in the required front or side yard setback area and shall not be closer than five feet to any other property line.

(Ord. 315 § 1 (part), 1981)

1.

In single-family districts, the following fences are exempt from the provisions of this chapter:

a.

Fences of three feet or less in height located in the required front yard setback; and

b.

Fences of six feet or less in height may be located in the required side and rear yard setback.

Fences located on corner lots and landscape plantings shall meet the vision clearance requirement of Section 14.50.060.

2.

In single-family districts, proposed fences to exceed the above requirement of three feet in the front yard setback and proposed fences to exceed six feet in height in the side or rear yard setback, may be considered and approved by the community development department if at minimum, the following findings can be made:

a.

That the design and materials of the proposed fence is compatible with adjacent property fences and the surrounding neighborhood; and

b.

That the proposed fence shall not impede vision or create a hazardous condition for motor vehicles, bicyclists or pedestrians.

3.

In all other districts, fences shall be reviewed by the architectural review board in the development plan process. When a development plan is not applicable, fence proposals shall be reviewed by the community development department for consistency with the findings in subsections (2) (a) and (2) (b) of this section. The community development department may condition a fence proposal or refer any proposals to the architectural review board.

4.

The height of fences, walls, and landscape plantings shall be determined by measurement from the finished grade at the lower side of the fence, wall or landscape planting. The height of fences or walls located on top of retaining walls shall be determined by the community development department. Retaining walls requiring footings shall require a building permit and shall be consistent with all provisions of this chapter.

(Ord. 428 § 2, 1988: Ord. 315 § 1 (part), 1981)

1.

In agricultural and residential districts, a vision clearance of not less than ten feet shall be provided on all corner lots.

2.

In all commercial and industrial districts, a vision clearance of not less than seven feet shall be provided on all corner lots.

(Ord. 315 § 1(part), 1981)

1.

Every part of a setback shall be unobstructed by structures from the ground to the sky, except as otherwise provided in this title and except for the ordinary projection of sills, belt courses, buttresses, cornices, chimneys, eaves, and ornamental features but in no case shall such projection exceed three feet.

2.

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

3.

In all residential districts, nonhabitable detached structures may be permitted within the rear yard setback, if the community development department determines that such structures are compatible with surrounding uses. (See Section 14.50.020(3))

4.

In all residential districts, no garage shall be so oriented that there is less than twenty feet of unobstructed driveway space within the property on which to park a car outside of the garage.

5.

The front, side, and/or rear setback requirements of any zoning district may be modified to allow for the siting of structures on the lot lines of the parcel on which the structure is to be located subject to the following: (See Section 14.50.120)

a.

A conditional use permit shall be required; and

b.

The total front, side, and rear yard area that is required in the zoning district shall be provided on the same lot.

(Ord. 315 § 1 (part), 1981)

1.

In the case of a through lot, the side yards shall extend the full depth of the lot between the street lines and there shall be two front yards for the purpose of setbacks.

2.

On corner lots, the side yard (as defined in Section 14.08.280) abutting the street shall be twenty-five percent of the width of the lot or fifteen feet, whichever is the lesser amount.

3.

In the case of flag lot, the yard width or depth requirements of the district in which such parcel is located shall not apply but any structure located therein shall have a setback of at least ten feet from all property lines. The total yard area shall equal the total area of all yards required by the district regulations.

4.

In the case of odd-shaped lots, the city manager shall determine the required yards on rectangular lots in the district in which such odd-shaped lot is located. In no case shall such determination constitute a variance from the standards of the zoning district.

(Ord. 399 § 3, 1986: Ord. 315 § 1 (part), 1981)

1.

Chimneys, elevator and stair housings, television receiving antennas for individual receiving set or sets, antennas for amateur radio shortwave sending and receiving sets used by commercial enterprises in connection with a business other than broadcasting radio programs for the general public, flagpoles, monuments, oil derricks, church spires, and similar architectural features and similar structures may exceed the building height limit in all districts where such excess heights are not in conflict with other provisions of this title.

(Ord. 315 § 1 (part), 1981)

Two or more parcels, each having insufficient area to meet the minimum lot area and width requirements of the specified zoning district, may be recombined or merged subject to the provisions of Section 16.08.120.

(Ord. 315 § 1 (part), 1981)

Hospitals, convalescent homes, sanitariums and other similar buildings and facilities, with the exception of rest homes, limited for aged, shall not be erected, established, maintained or operated in any zone until approved by the planning commission pursuant to the following procedure:

1.

No hearing of an application for a conditional use permit for the uses named in this section shall be scheduled before the planning commission unless the application has first been referred to the health facilities committee of the Santa Barbara comprehensive health planning agency. It shall be the duty of the health facilities committee of the Santa Barbara comprehensive health planning agency to maintain on file with the secretary of the planning commission an address for the purpose of forwarding all such applications to said committee, and for all notices and communications in connection therewith. The committee shall also designate a responsible individual to be contacted on its behalf by the secretary of the planning commission with regard to all matters affecting the committee, so that there may be prompt and consistent communication with the committee regarding all matters affected by this section, and the committee shall inform the secretary of the planning commission of any change in the designation of any such responsible individual.

2.

The community development department shall forward a copy of all applications for a use permit for any of the purposes referred to in this section to the committee promptly upon receipt thereof.

3.

The report of the health facilities committee shall be limited to considerations other than land use and other factors which by the laws of the state or this code are delegated to the planning commission.

4.

If no report and recommendation are received by the planning commission from the committee ten days before the date of the hearing scheduled, as provided in Chapter 14.76, or ten days before the continued date of such hearing, in the event of a continuance by the planning commission of the hearing for the purpose of receiving said report, it shall be determined that the health facilities committee of the Santa Barbara comprehensive health planning agency is not opposed to such application.

(Ord. 315 § 1 (part), 1981)

In reviewing a development plan, the planning commission or city council may consider modification of requirements of the base zoning district in which the proposed development is located, including building height, yard setback, parking, building coverage or landscaping, if it is determined that such modification is necessary to accommodate an innovative project which will result in at least one of the following public benefits:

1.

Energy efficient heating/cooling; or

2.

Provision of affordable housing units through mix of housing types, innovative design and construction techniques, or other means; or

3.

Provision of a larger amount of open space or landscaping than the minimum requirements of the district.

(Ord. 315 § 1 (part), 1981)

An amusement arcade shall not be erected, established, maintained or operated in any zone until a conditional use permit has been approved for the same, which conditional use permit shall be subject to the terms, restrictions and conditions hereinafter set forth in addition to those which may be required by Chapter 14.62. All persons owning, operating or maintaining any amusement arcade, as defined in Section 14.08.037 shall terminate such use within six months of the effective date of Section 14.50.130, unless the person has either obtained or applied for a conditional use permit and, if applied for, the conditional use permit has not been denied. All amusement arcades shall be subject to the following terms, restrictions and conditions:

1.

The operation of the amusement arcade shall be conducted in a manner so that the intrusion sound level in adjacent exterior areas or structures shall not exceed 45 dba for adjacent residential uses, 50 dba for adjacent commercial uses, or the ambient sound level of the adjacent area, whichever is greater.

2.

Where amusement machines are located along one side of an aisle, the aisle shall be a minimum of sixty inches in width and shall be unobstructed. When amusement machines are located on both sides of any aisle, the aisle shall not be less than ninety inches in width and shall be unobstructed and such open areas shall be unobstructed.

3.

Bicycle racks shall be provided within twenty-five feet of any amusement arcade and must provide a total of at least one bicycle stall for each game located within the arcade. Bicycle racks shall not be located in any required landscaped areas, entrances, exits, walkways to buildings, driveways, within any legally required parking space, public way, or in such a fashion as to obstruct any entrance or exit to any premises.

4.

Unless the premises or operations is licensed by the State Department of Alcoholic Beverage Control for on sale consumption of alcoholic beverages, a person shall not enter, be or remain in any part of an amusement arcade while in the possession of, consuming, using or under the influence of any alcoholic beverage or any drugs.

5.

A minimum of one footcandle illumination generally distributed must be maintained in all parts of the premises at all times when the arcade is open and when the public is permitted to enter or remain therein.

6.

No amusement machine shall be situated in such a way that its use will violate any applicable fire regulation or hinder the public's reasonable ingress to and egress from the premises.

7.

No amusement arcade shall be maintained or operated unless there is at least one adult permittee, manager, or supervisory employee on the premises at all times.

8.

Each amusement arcade shall provide a minimum of two toilet and lavatory facilities accessible to customers, employees and business invitees; separate toilet and lavatory facilities shall be provided for each sex.

9.

No amusement arcade shall be located, operated or maintained to be operated within a minimum of one hundred feet of the nearest street entrance to or exit from any public playground or public or private school of elementary to high school grades, the distance to be measured from the entrance or exit. No amusement arcade entrance or exit shall be located within fifty feet from any residential zone.

10.

No amusement arcade shall be maintained, operated, conducted or used, nor kept for such purposes, in or on the premises of any establishment whose primary business is the retail package sale of alcoholic beverages or within ten feet of the liquor retail department of any multi-department business establishment. This subsection shall not prohibit the operation of amusement machines in bona fide clubs, bars, saloons, taverns or restaurants which are licensed to sell alcoholic beverages.

(Ord. 330 § 2, 1982)