Goleta City Zoning Code

Exempt. Accessory structures are exempt from permitting if all of the following requirements are met:

Zoning Clearance. Accessory structures require a Zoning Clearance if any of the following are met:

Land Use Permit or Coastal Development Permit. Accessory structures shall require a Land Use Permit or Coastal Development Permit if any of the following are met:

Primary Use. An attached or detached accessory structure may only be constructed on a lot on which there is a primary use to which the accessory structure is related.

Building Separation. A detached accessory structure must be separated from the primary structure and any other accessory structure by at least five feet.

Non-Residential District Setbacks. Accessory structures must comply with the setbacks per the underlying zoning district.

Wind Machines. Wind machine structures are allowed only in the Agricultural Zone District and requires a Zoning Clearance.

Bus Stops. Santa Barbara Metropolitan Transit District bus stop structures are allowed in front and street side setbacks if the structures meet the standards established in the Santa Barbara Metropolitan Transit District Bus Stop Standards as adopted by the Santa Barbara Metropolitan Transit District Board of Directors.

Residential Districts. Accessory structures must be no greater than 16 feet in height. Additional height, up to the height limitation of the specific zone district in which they are located, may be permitted for accessory structures outside all setbacks, subject to Design Review by the Design Review Board and a Zoning Clearance.

There shall not be more than one accessory structure with habitable space on a lot except as allowed pursuant to Section 17.41.030, Standards for Specific Use and Activities—Accessory Dwelling Units (ADU).

Unless otherwise allowed within this Title, the following standards apply:

Artist studios;

Cabañas;

Guesthouses; and

Other accessory structures as determined by the Director.

The historical land use on the agriculturally zoned parcel;

The current crop type and agricultural practices on the agriculturally zoned parcel;

The future farming potential of the agriculturally zoned parcel;

The elevation and topographical differences of the two parcels;

The location of existing roads or naturally occurring barriers;

The extent and location of existing non-agricultural development;

The type of use proposed for the new development and the potential for that use to impact use of the adjacent agriculturally zoned parcel for agricultural purposes;

The site design of new development including the use of landscape screening that may be used within the buffer itself;

The lot size and configuration of the new development; and

The prevailing wind direction.

The standard setback and any additional buffer are sufficient to minimize potential conflicts with agricultural activities.

Front Setbacks and Street Side Setbacks. Within the front and street side setbacks, or along the exterior boundaries of such setbacks, fences and freestanding walls may be allowed based on the following standards. Columns, gateposts, pilasters and entry lights may exceed the maximum height by two feet. However, no portion of the structure may encroach into a clearance triangle, pursuant to Section 17.24.210(A).

Interior Side Setbacks and Rear Setbacks. Within interior side setbacks and rear setbacks, or along the exterior boundaries of such setbacks, fences and freestanding walls may be allowed based on the following standards. Columns, gateposts, pilasters and entry lights may exceed the maximum height by two feet.

Other Parcel Locations. If located outside of required setbacks, the maximum height for fences and freestanding walls is eight feet, unless a higher fence or wall height is allowed pursuant to Design Review approval.

Exceedance. A maximum of 10 percent of the total linear length of a fence or freestanding wall may be allowed to exceed the heights specified above, where topographic or other unavoidable conditions will destroy its architectural integrity if held to the maximum height specified for its entire length.

Retaining Walls. Walls that are retaining earth only and that are less than four feet in height, as measured from the bottom of the footing to the top of the wall and do not require a Grading Permit, are exempt from requiring a Zoning Permit.

Limitation on Concrete/Masonry Block. Plain, concrete block may not be the primary material along arterial streets. Concrete block must be split-face or finished with stucco and capped with a decorative cap or other decorative material.

Exterior Appearance. A fence or wall with one side having a more-finished or smoother appearance than the other side must have the side with the more-finished appearance facing the exterior of the lot and the supporting members facing the interior of the lot.

Vegetation. Hedges must be adequately maintained and shall be subject to the height standards of subsection (B)(1) above, but may exceed the height standards of subsection (B)(2) of this section by an additional two feet. It is the responsibility of the property owner to ensure hedge heights are at or below the appropriate heights to ensure vision clearance and neighborhood compatibility and to avoid uncontrolled vegetation growth becoming a hazard or nuisance to the general public.

Limitation on Chain-Link Fencing. When located in “R” zone districts, chain-link fencing must use vines, ivy, and/or shrubbery to adequately screen the fence when located within a setback along a road right-of-way.

Exempt. The following grading and grubbing activities are exempt from Zoning Permits, pursuant to this Title:

Zoning Clearance. The following grading and grubbing activities require a Zoning Clearance, pursuant to this Title:

Land Use Permit or Coastal Development Permit. The following grading and grubbing activities require a Land Use Permit or Coastal Development Permit, pursuant to this Title:

Major Conditional Use Permit. The following grading and grubbing activities require a Major Conditional Use Permit pursuant to this Title:

The development conforms to the location criteria and standards of this section and the requirements of the California Department of Transportation, Division of Aeronautics.

Santa Barbara Municipal Airport and/or the FAA confirms that proposed Heliport will not conflict with current airport operations.

The proposed facility obtains all required reviews and approvals by the California Department of Transportation Division of Aeronautics and/or the FAA.

The proposed operation of the helicopter facility does not pose a threat to public health, safety or general welfare, or to sensitive and protected environmental resources.

Individual Trash, Recycling, and Green Waste Containers. Individual trash, recycling, and green waste containers for each dwelling unit or non-residential tenant may be provided as follows:

Trash, Recycling, and Green Waste Container Enclosures. Trash, recycling, and green waste container enclosures are required for all new non-residential development except where the Review Authority finds the development will be adequately served with individual trash and recycling containers pursuant to subsection (B)(1) above.

Disclosure by Subdivider. The subdivider of any property located within 1,000 feet of land zoned or used for agriculture, within or outside of the City, must disclose, through a notation on the Final Map, within CC&Rs if prepared, and through the recordation of a separate acknowledgment statement on each individual deed describing the newly created lots, the presence of agricultural and appurtenant uses in the vicinity through the following or similar statement:

“The property within this subdivision is located within 1,000 feet of land utilized or zoned for agricultural operations and residents/occupants of the property may be subject to inconvenience or discomfort arising from use of agricultural chemicals, including, without limitation, acaricides, fertilizers, fungicides, herbicides, insecticides, predacides and rodenticides; and from pursuit of agricultural operations, including, without limitation, crop protection, cultivation, harvesting, plowing, processing, pruning, shipping, spraying, and animal keeping and related activities, which may generate dust, light, noise, odor, smoke, and/or traffic. The City of Goleta has adopted policies to encourage and preserve agricultural lands and operations within and in the vicinity of the City. Residents/occupants of property should be prepared to accept inconveniences or discomfort as normal and necessary to properly conducted agricultural operations.”

Disclosure Before Issuance of a Building Permit. Where a new structure intended for human occupancy is to be located on land that is located within 1,000 feet of land zoned or used for agriculture within or outside of the City, the owner must, before the City issues a building permit, sign and record a statement in a form equivalent to that specified in subsection (A)(1), Disclosure by Subdivider. In lieu of signing the statement required above, the owner may submit evidence that the statement in subsection (A)(1), Disclosure by Subdivider, has been made a part of subdivision documents creating the lot on which the structure is proposed and appears on the deed for each lot.

The standards of this section apply to:

The standards of this section do not apply to:

Screening must be architecturally integrated into the main structure with regard to materials, color, shape, and size to appear as an integral part of the building or structure.

Equipment must be screened on all sides.

The use of expanded metal lath or chain link for the purpose of screening is prohibited.

Ground-Mounted Equipment. Ground-mounted equipment that faces a public viewing area must be screened to a height of 12 inches above the equipment and designed and painted to blend in with the surrounding area, unless such screening conflicts with utility access, in which case reasonable accommodation must be allowed. Acceptable screening devices consist of decorative walls, berms, and/or plant materials.

Exterior Wall Equipment. Screening for wall-mounted equipment, (e.g., electrical meters, cableconnection boxes, electrical distribution cabinets, etc.) must incorporate elements of the building design (e.g., shape, color, texture, material, etc.). For screen walls that are three feet in height or lower, vegetative materials may be substituted for the screening device. This requirement does not apply to equipment that has accessibility and visibility requirements for health and safety.

The proposed solar energy system installation would not have a specific, adverse impact upon the public health or safety.

Corner Lots. A hazard exists when a structure or vegetation exceeds the height of three feet within a triangle formed by the intersecting property lines nearest the streets and a straight line joining such property lines at points which are 10 feet from the point of intersection, measured along such property lines.

Driveways. A hazard exists when a structure or vegetation exceeds the height of three feet within the triangle. The triangle is measured along the property line with roadway frontage from which access to the lot is taken and extends 10 feet parallel to the public right-of-way and 10 feet parallel to the driveway on both sides.

Other Considerations. The Review Authority may further limit the height of construction by the terms of any zoning entitlement in order to prevent impairment of vision clearance. In consultation with Public Works staff, the City may require vision clearance triangles greater than those detailed in this subsection in order to protect the health, safety, and general welfare of the public.

The proposed EV charging station installation would not have a specific, adverse impact upon the public health or safety.

It would be inconsistent with public safety or the protection of fragile coastal resources;

Adequate permanent public access exists nearby;

Agriculture would be adversely affected;

Access at the site would be inconsistent with policies of the Local Coastal Program, other than those requiring access;

There is no clear nexus between the requirement for public access and the impacts of the new development project;

The required public access is not roughly proportional to the extent of the impacts of the development project;

Requiring or providing the access would be inconsistent with Federal or State law; or

The activity is not considered development. Pursuant to this section, development does not include the activities described below:

Easement or In-Fee Dedication. Must occur before issuance of construction permits or the start of any construction activity requiring a permit.

Construction of Access Improvements. Must occur in tandem with construction of the approved development, unless another schedule is established through a planning permit condition of approval, or mitigation measure.

Interference with Public Use Prohibited. Following an offer to dedicate public access in compliance with this section, the property owner must not interfere with use by the public of the areas subject to the offer before and after acceptance by the responsible party of the agency accepting the dedication.

Design and Siting. Accessways and trails may be located within area of mapped or known ESHA, but must be sited and designed to:

Hazard Reduction. Coastal accessways and trails located in areas of high erosion hazard must be constructed and maintained in a manner that does not increase the hazard potential.

Correction of Existing Damage. Where appropriate, coastal accessways and trails must be designed to repair damage resulting from past use or other existing hazards and prevent such damage from reoccurring.

Access Easement Specifications. Each public access easement offered for dedication for public use must be a minimum of 25 feet wide, or as close to that width as feasible.

Access for Persons with Disabilities. When feasible, wheelchair access to the ocean must be provided. Ramps must have dimensions and gradients consistent with current ADA requirements. Where beach access for disabled persons is provided, parking spaces for disabled persons must also be provided in compliance with Chapter 17.38, Parking and Loading.

Residential Privacy. The design and placement of accessways and trails must provide for reasonable privacy of adjacent residences. Accessways may be wide enough to allow the placement of a trail, fencing, and a landscape buffer. A vertical accessway abutting a residential area may be fenced at the property line and restricted for use only during daylight hours.

Parking. Where public access sites are required, parking areas must also be provided, where feasible pursuant to Chapter 17.38, Parking and Loading.

Directional Signs. Appropriate signage directing the public toward vertical, lateral, and bluff-top trails and public parking must be placed in prominent locations along accessways.

Hazard Warnings. Proper warnings for potential hazards along coastal accessways and trails, such as steep cliffs, steps, or slopes, must be installed where necessary.

Sensitive habitat areas shall be avoided to the extent practicable in circumstances where there are feasible alternative alignments of vertical accessways.

Public access paths shall maintain a natural appearance and shall not be paved with impervious materials, except for segments that are intended to provide handicapped access or short segments to beach overlook points.

No structures shall be permitted on bluff faces except for vertical beach accessways.

Access to the beach shall be provided by natural trails or ramps down the face of the bluff rather than by concrete or wooden stairways. Railroad ties or a similar material may be used to provide stability to the access route and to reduce bluff erosion.

Where vertical access to the beach area is not feasible or appropriate, vertical accessways may terminate at a beach overlook or vista point.

Vertical accessways must be sited along the border of the development and extend from the public road right-of-way to the bluff’s edge or shoreline; a different location may be approved if determined by the review authority to be more appropriate after considering site topography and the design of the proposed project.

If the proposed development includes residential structures, an accessway may not be sited closer than 10 feet to any residential structure.

Vertical access must have a minimum width of 10 feet to allow for pedestrian use of the corridor, but the required width may be reduced in compliance with subsection (B)(2), Accessway Specifications.

Sensitive habitat areas shall be avoided to the extent practicable in circumstances where there are feasible alternative alignments of lateral accessways.

Except as expressly provided for the Juan Bautista de Anza Trail (in Policy OS 4), all lateral accessways shall be designed to use native beach or soil materials and have no more than the minimum width needed to accommodate the intended type(s) of users.

Lateral beach accessways shall be maintained in a natural condition free of structures and other constructed facilities and shall be limited to native sand supply.

Lateral beach accessways shall be sited, designed, managed to avoid and/or protect marine mammal hauling grounds, seabird and shorebird nesting and roosting sites, sensitive rocky points and intertidal areas, and coastal dunes.

New public beach facilities shall be limited to only those structures that provide or enhance public access and recreation activities. No structures shall be permitted on sandy beach areas.

All lateral shoreline access and recreation improvements shall be designed to minimize any adverse impacts to visual resources and shall be compatible with maintenance of a natural appearance.

Signs shall be designed to minimize impacts to scenic coastal resources and shall be limited to trail markers and regulatory and interpretive signs.

A lateral access easement extends from the mean high tide line landward to the base of the ocean bluff. Where there is no ocean bluff, the area must extend to the nearest non-beach natural feature.

A lateral access easement may not be closer than 10 feet to an existing residence; however, in determining the appropriate separation of the accessway from private development, privacy for the adjacent residence will be considered.

Limitations on the height and width of structures where more than 10 percent of a protected public view would otherwise be impacted;

Setbacks of ocean-fronting structures a distance sufficient to ensure that the structure does not infringe on views of the mountains from the beach;

Limitations on the height and use of reflective materials for exterior walls, including retaining walls and fences;

Clustering of building sites and structures;

Shared vehicular access to minimize curb cuts;

Use of appropriate landscaping for screening development but also minimizes impacts to public views of and from the ocean and mountains;

Selection of colors and materials that harmonize with the surrounding landscape;

Stepping of buildings so that the heights of building elements are lower near the street and increase with the distance from the public viewing area;

Limitations on removal of native vegetation; and

Revegetation of disturbed areas.

Limit grading for all development including structures, access roads, and driveways. Minimize the length of access roads and driveways and follow the natural contour of the land;

Blend graded slopes with the natural topography;

On slopes, step buildings to conform to site topography;

Minimize use of retaining walls;

Minimize vegetation clearance for fuel management;

Cluster building sites and structures; and

Share vehicular access to minimize curb cuts.

Incorporate natural features in design;

Use landscaping for screening purposes and/or for minimizing view blockage as applicable;

Minimize vegetation removal;

Limit the height and size of structures;

Cluster building sites and structures;

Limit grading for development including structures, access roads, and driveways;

Minimize the length of access roads and driveways and follow the natural contour of the land;

Preserve historical structures or sites;

Plant and preserve trees;

Minimize use of signage;

Provide site-specific visual assessments, including use of story poles;

Provide a similar level of architectural detail on all elevations visible from scenic corridors;

Place existing overhead utilities and all new utilities underground; and

Establish setbacks along major roadways to help protect views and create an attractive scenic corridor. On flat sites, step the heights of buildings so that the height of building elements is lower close to the street and increases with distance from the street.

The applicant must request in the application the incentives or concessions the applicant wishes to obtain, together with reasonable documentation showing how the incentives and/or concessions will result in cost reductions for the project. Applications will be reviewed and processed according to the provisions of Chapter 17.52, Common Procedures.

In accordance with State law, neither the granting of a density bonus nor the granting of a concession, incentive, waiver, or modification will be interpreted, in and of itself, to require a variance, zoning amendment, General Plan amendment, Local Coastal Program amendment, or any discretionary approval in addition to that required for the underlying housing development.

Number of Units. The total number of units approved for the project, including the number of affordable housing units.

Unit Detail. The location, unit sizes (in square feet), and number of bedrooms of the affordable housing units.

Household Income Group. A description of the household income groups to be accommodated by the project and a calculation of the affordable rent or sales price.

Certification Procedures. The party responsible for certifying rents or sales prices of units, and the process that will be used to certify renters or purchasers of such units throughout the term of the agreement.

Schedule. A schedule for the completion and occupancy of both the affordable and the market-rate housing units.

Remedies for Breach. A description of the remedies for breach of the Agreement by either party.

Required Term of Affordability. Unless the affordable housing unit is governed by subsection 17.28.050(C), the term of affordability restrictions shall be 55 years.

Expiration of Agreement. Provisions covering the expiration of the agreement, including notice prior to conversion to market rate units and right of first refusal option for the City and/or the public disclosure of accrued equity for for-sale units.

Transfers and Conveyances.A new affordability housing covenant will be entered into upon each change of ownership of an affordable housing unit and upon any transfer or conveyance (whether voluntarily or by operation of law) of an owner -occupied affordable housing unit.

Rental Housing Developments. In the case of rental housing developments, the Agreement must provide for the following conditions governing the use of affordable housing units during the use restriction period:

General. At least one-year notice is required prior to the conversion of any rental units for affordable households to market-rate.

Required Notice. Notice must be given to the following:

Required Finding for Approval. The Review Authority shall approve a housing development pursuant to this Chapter only if the following finding is made:

Finding for Denial of a Concession or Incentive. The Review Authority shall grant an incentive or concession requested by an applicant pursuant to this Chapter unless it makes a written finding, based on substantial evidence, of one or more of the following findings:

Finding for Denial of Waiver or Reduction. The Review Authority shall grant a waiver of development standards requested by an applicant for a housing development pursuant to this Chapter unless it makes a written finding of any of the following:

Finding for Denial of a Density Bonus or Concession for a Childcare Facility. The Review Authority may deny a request for a density bonus or incentive for a childcare facility that is based all or in part on the proposed provision of a childcare facility if the Review Authority makes a written finding, based on substantial evidence, that:

Compliance Before Approvals, Issuances, Granting of Maps, Permits, Entitlements. Developers must comply with this chapter before the City grants any ministerial or discretionary land use approvals for a project.

Verification of Compliance. The Director cannot find a development application to be complete until the developer provides a written proposal demonstrating how the requirements of this chapter will be met.

Sales and Rental of Inclusionary Dwelling Units. Each inclusionary dwelling unit required by this chapter must be sold or rented in compliance with this chapter and all applicable conditions of approval.

Projects to construct one single-unit dwelling on an existing “R” zoned lot;

Projects that are developed pursuant to the terms of a development agreement executed prior to the effective date of this Title, provided that such residential developments must comply with any affordable housing requirements included in the development agreement or any predecessor Title in effect on the date the development agreement was executed;

An affordable, multiple-unit rental housing project that will be developed by a nonprofit housing provider receiving financial assistance from the City, so long as the project is maintained as an affordable project subject to an affordable housing agreement with the City;

Projects processed pursuant to Section 17.41.030, Standards for Specific Use and Activities— Accessory Dwelling Units (ADU);

Residential building additions, repairs, or remodels, provided that the work does not increase the number of existing units by more than one unit, excluding the addition of one or more ADUs;

Projects consisting of 100 percent affordable units in which rents are controlled or regulated by a government unit, agency, or authority, excepting those unsubsidized and/or unassisted units that are insured by the United States Department of Housing and Urban Development (HUD);

Projects that replace or restore residential units damaged or destroyed by fire, flood, earthquake, or other disaster; and

Units above the allowed density of a Zone District granted through a Density Bonus Agreement pursuant to Chapter 17.27, Density Bonus and Other Incentives.

Affordability Levels. Projects qualifying for a 20 percent affordability level must provide:

Affordability Levels. If the Review Authority reduces the affordability level in accordance with this section, the projects must provide:

For projects of two to four units, the developer must make an in-lieu fee payment in an amount equal to the percentage represented by the fractional unit (out to two decimal places) for each income category multiplied by the applicable in-lieu fee payment amount for a full unit at that income level.

For projects of five or more units, in the event the calculation for the number of inclusionary units in any income category results in a fraction of an inclusionary unit, the developer has the option of either: (a) providing a full inclusionary unit within the residential development at the specific income level; or (b) combining fractional units at various income levels to sum a whole unit or units and build that unit or units at the low-income level. Any remaining fraction must be accounted for through an in-lieu fee payment in an amount equal to the percentage represented by the fractional unit multiplied by the applicable in-lieu fee payment amount. The amount of the inlieu fee payment will be in direct proportion to the fractional unit out to two decimal places.

Required Finding. If proposing an affordability restriction term of less than 55 years, the following finding must be made by the City Council:

On Site. Developers must provide affordable units on site unless otherwise compliant with the findings in this chapter.

Off Site or Land Dedication. Developers may propose to provide affordable units on another site or meet the requirements of this chapter by dedicating land for the construction of affordable housing.

Other Alternatives. If unable to provide the required affordable housing pursuant to this Chapter on-site, off-site, or through a land dedication, the developer may propose meeting this Section’s affordable housing obligations by paying an inclusionary housing in-lieu fee payment, acquisition or rehabilitation of existing units, or other alternatives of equal value to the development of affordable units on site.

Required Findings. If proposing tradeoffs pursuant to this chapter, each of the following findings must be made by the Review Authority.

For each construction phase, the Affordable Housing Plan must specify, at the same level of detail as the application for the residential development: the inclusionary housing option selected; the number, unit type, tenure, number of bedrooms and baths, approximate location, size, and design; construction and completion schedule of all inclusionary units; phasing of inclusionary units in relation to market-rate units, and general outline of the marketing plan.

Identification of the affordable income level for the proposed inclusionary units.

Calculation of the proposed number of inclusionary units consistent with this Chapter.

A written explanation of the method for restricting the units for the required term at the affordable income levels.

If on-site development of affordable units is not proposed, supporting evidence demonstrating on-site development is infeasible.

If the developer proposes meeting this section’s affordable housing obligations by paying an inclusionary housing in-lieu fee payment, acquisition or rehabilitation of existing units, or other alternatives of equal value to the development of affordable units on-site pursuant to Section 17.28.050, Inclusionary Housing Requirements, supporting evidence demonstrating that the inlieu fee payment, acquisition and rehabilitation of existing units, or other alternative is of equal value to the provision of the affordable units on site.

If the developer proposes tradeoffs of extremely low- and very low-income units for low- or moderate-income units, supporting evidence demonstrating that the development of on-site extremely low- and very low- income units is infeasible and that the City's housing goals can be more effectively achieved through the proposed tradeoffs.

Description of the methods to be used to verify tenant incomes and to maintain the affordability of the inclusionary units and must specify a financing mechanism for the ongoing administration and monitoring of the inclusionary units.

Any other information that may be requested by the Director to aid in the evaluation of the sufficiency of the plan under the requirements of this chapter.

Actions to revoke, deny or suspend any permit, including a building permit, certificate of occupancy, or discretionary approval.

Actions to recover civil fines, restitution to prevent unjust enrichment from a violation of this chapter, and/or enforcement costs, including attorney’s fees.

Eviction or foreclosure.

Any other appropriate action for injunctive relief or damages.

Any building, structure, object, or site that is less than 50 years old that is not:

Any building structure, object, or site that is 50 years or more in age that is not a historic resource.

Notwithstanding anything to the contrary, if a building, structure, or object is determined by the City's Building Official to be unsafe, presents a public hazard, is not securable, or is in imminent danger of collapse so as to endanger persons or property, it must be demolished. The Building Official's determination in this matter will be governed by applicable law.

Exception. Demolition or relocation of any historic resource requires the approval of a Major Conditional Use Permit.

Zoning Clearance. Any demolition of a structure that is 50 years or more in age and is neither a historic resource nor within a buffer of any other protected resource (e.g., ESHA, cultural, oak tree CRZ, etc.) and structures less than 50 years in the Old Town Heritage Overlay District.

Land Use Permit. Any demolition of a structure that is 50 years or more in age and is not a historic resource but is within the buffer area of a protected resource.

Discretionary Action. A discretionary action is required under the following circumstances:

The biological study must contain a topographic map at an appropriate scale and contour interval that adequately delineates the boundaries of creek beds and banks, wetlands, native riparian and upland vegetation, vegetation driplines, and ESHA boundaries. The map must clearly show areas that would be directly impacted by project construction and development footprints.

The biological study must confirm the extent of the ESHA, document any site constraints and the presence of other sensitive resources. The study must use all required ESHA buffers, discuss the timing of proposed development, analyze potential impacts to all protected sensitive resources, and provide other information, analysis or potential project revisions or modifications necessary to protect the nearby resources to the maximum extent feasible.

The biological study must provide alternatives and mitigation measures to avoid significant impacts to ESHA, and any finding that there is no feasible alternative to avoid ESHA impacts must be supported by substantial evidence in the analysis of the study. Where habitat restoration or mitigation is required to eliminate or offset potential impacts to an ESHA, a detailed Restoration and Monitoring Plan is required, as provided later in this section.

The biological study must also describe the flora and/or fauna known to occur or having the potential to occur on the site, including specific discussion for any sensitive species with protected status.

Where trees suitable for nesting, roosting, or significant foraging habitat are present, a formal raptor survey must be conducted as part of the biological study. The study must include an analysis of the potential impacts of the proposed development on the identified habitat or species, an analysis of project alternatives designed to avoid or minimize those impacts.

Where the Initial Site Assessment indicates the presence or potential for wetland species or indicators, the Biological Study must include a wetland delineation of all wetland areas on the project site. A preponderance of hydric soils or preponderance of wetland indicator species will be considered presumptive evidence of wetland conditions. At a minimum, the wetland delineations must contain:

Where the Initial Site Assessment indicates the presence or potential for monarch butterfly ESHA, the Biological Study must include a Monarch Butterfly Protection Plan. At a minimum, the Plan must contain:

The research and survey methodology used to complete the study must also be provided.

The biological study must be prepared by a professional biologist and have been completed within two years of the date of submittal of the application.

A clear statement of the goals for ESHA habitat restoration. Characterization of the desired habitat, including an actual habitat, that can act both as a model for the restoration and as a reference site for developing success criteria must be included.

Sampling of reference habitat using the methods that would be applied to the restoration site with reporting of resultant data.

Quantitative description of the chosen restoration site.

Requirements for designation of a qualified restoration biologist as the restoration manager who will be responsible for all phases of the restoration. Phases of the restoration may not be assigned to different contractors without on-site supervision by the restoration manager.

A specific Grading Plan if the topography is proposed to be altered.

A specific Erosion Control Plan if soil or other substrate would be significantly disturbed during the course of the restoration.

A Weed Eradication Plan designed to eradicate existing weeds and to control future invasion by exotic species that is carried out by hand weeding and supervised by a licensed biologist.

A Planting Plan that specifies a detailed plant palette based on the natural habitat type that is the model for the restoration, using local native and non-invasive stock and requiring that if plants, cuttings, or seed are obtained from a nursery, the nursery must certify that they are of local origin and are not cultivars. The Planting Plan should provide specifications for preparation of nursery stock and include technical details of planting methods (e.g., spacing, mycorrhizal inoculation, etc.).

An Irrigation Plan that describes the method and timing of watering and ensures removal of watering infrastructure by the end of the monitoring period.

An Interim Monitoring Plan that includes maintenance and remediation activities, interim performance goals, assessment methods, and schedule.

A Final Monitoring Plan to determine whether the restoration has been successful that specifies all of the following:

Exception. Where consistent with the provisions of this section, new Capital Improvement Program projects, public accessways and trails, habitat restoration and enhancement projects when consistent with Sections 17.30.060(G) and 17.54.020(A)(6), and nature education and research activities.

Where necessary to protect or enhance the ESHA itself; or

Where erosion control measures and best management practices (BMPs), such as sediment basins, silt fencing, sandbagging, or installation of geo-fabrics have been incorporated into the project, approved by the City, and installed prior to any grading operations; or

Where necessary to remediate hazardous flooding or geologic conditions that endanger public health and safety.

Upon request of an applicant, the Review Authority may allow portions of a SPA upland buffer to be less than 100 feet, as such measurement is prescribed in subsection B above, but not less than 25 feet, with approval of a Major Conditional Use Permit, provided the Review Authority finds, on the basis of substantial evidence in the record, that:

Upon receipt of an application for an SPA upland buffer reduction, the Director may direct preparation by a City-selected consultant of a Biological Report, an economic/financial analysis and/or any other study or report the Director deems necessary in the Director’s reasonable discretion, at the applicant’s expense, to assist the Review Authority in making the above findings. At the request of the Director, the applicant shall provide information that the Director deems necessary, in the Director’s reasonable discretion, to produce the above-referenced studies or reports, including, but not limited to, financial data, land appraisal data, acquisition cost, land development/construction cost data, prospectuses, and financial/revenue projections. The application will not be deemed complete until the required reports are completed to the Director’s satisfaction.

Agricultural operations, provided they are compatible with preservation of riparian resources.

Fencing and other access barriers along property boundaries and along SPA boundaries.

Maintenance of existing roads, driveways, utilities, structures, and drainage improvements.

Construction of public road crossings and utilities, provided there is no feasible, less environmentally damaging alternative.

Construction and maintenance of foot trails, bicycle paths, and similar low-impact facilities for public access.

Resource restoration or enhancement projects.

Nature education and research activities.

Low-impact interpretive and public access signage.

Other Public Works projects, as identified in the Capital Improvement Plan, only where there are no reasonably feasible, less environmentally damaging alternatives.

There is no feasible, environmentally less damaging alternative to wetland fill, as determined through environmental review under CEQA;

The extent of the fill is the least amount necessary to allow development of the permitted use;

Mitigation measures have been incorporated into the project design or are included in conditions of approval to minimize adverse environmental effects; and

The purposes of the fill are limited to: incidental public services (e.g., burying cables or pipes, etc.); restoration of wetlands; and nature study, education, or similar resource-dependent activities.

Generally, the required wetland buffer shall be at least 100 feet in width, but in no case shall the wetland buffer be less than 50 feet in width.

The Review Authority must consider the type and size of the development; the sensitivity of the wetland resources to detrimental edge-effects of the development to protected resources; natural features such as topography, the functions and values of the wetland; and the need for upland transitional habitat.

In no case shall the 100-foot minimum wetland buffer area be reduced in width by the Review Authority when it serves the function of slowing and absorbing water for flood and erosion control, sediment filtration, water purification, and groundwater recharge.

The wetland area is small, isolated, not part of a larger hydrologic system, and generally lacks productive or functional habitat value;

The extent of the fill is the least amount necessary to allow reasonable development of a use allowed this Title; and

Mitigation measures are incorporated into the project design, or are included in conditions of approval, to minimize adverse environmental effects, including restoration or enhancement of habitat values of wetlands at another location on the site, or at another appropriate off-site location within the City.

The required wetland buffer shall be no less than 50 feet in width.

The Review Authority must consider the type and size of the development, the sensitivity of the wetland resources to detrimental edge-effects of the development to the resources, natural features such as topography, the functions and values of the wetland, and the need for upland transitional habitat.

To the maximum extent feasible, development shall avoid impacts to native grasslands that would destroy, isolate, interrupt, or cause a break in continuous habitat that would:

Removal or disturbance to a patch of native grasses less than one-quarter acre that is clearly isolated and is not part of a significant native grassland or an integral component of a larger ecosystem may be allowed. Removal or disturbance to restoration areas shall not be allowed.

Motorized Vehicles. The use of motorized vehicles on the beach, including off-road vehicles, is prohibited, except for beach maintenance and emergency response vehicles of public agencies.

Permit Required. Any commercial coastal-dependent recreation activities that would limit use of beach and shoreline areas to customers and exclude the general public shall be subject to approval of a Major Conditional Use Permit.

No development, except as otherwise allowed by this section, is allowed within monarch butterfly ESHAs or ESHA buffers including grading and other activities that could alter or negatively impact the surface and subsurface hydrology that sustains the groves of trees.

Since the specific locations of aggregation sites may vary from year to year, the focus of protection must be the entire grove or stand of trees rather than individual trees where aggregation and roosting occurs.

Removal of vegetation within monarch butterfly ESHAs is prohibited, except for minor pruning of trees, or removal of dead trees and debris that threaten public safety, private property, or other public facilities.

Public accessways are considered resource-dependent uses and may be located within a monarch butterfly ESHA or its buffer; however, such accessways must be sited to avoid or minimize negative impacts to aggregation sites.

Interpretative signage is permitted within a monarch butterfly ESHA or its buffer, but shall be designed to be visually unobtrusive.

Butterfly research, including tree disturbance or other invasive methods, may be allowed subject to the approval of a Zoning Clearance.

Buffers shall not be less than 100 feet around existing and historic aggregation and roost sites, as measured from the outer extent of the tree canopy. The required buffer area must include native vegetation and provide physical barriers to human intrusion.

The required buffer may be reduced to 50 feet only in circumstances where the trees contribute to the habitat but are not considered likely to function as an aggregation site, such as along narrow windrows.

Vehicle traffic through dunes is prohibited.

Where pedestrian access through dunes is allowed, well-defined footpaths or other means of directing use and minimizing adverse impacts must be used.

Active nesting areas for sensitive bird species, such as western snowy plovers and least terns, must be protected by fencing, signing, or other means.

New development must be designed to provide a 100-foot buffer around active and historical nesting sites for protected species of raptors when feasible.

If a biological study determines that an active raptor nest exists on a development site, no vegetation clearing, grading, construction, or other development activity is permitted within a 300 feet of the nest site during the nesting and fledging season to the extent feasible.

Obstruct flood flow;

Displace floodwaters onto other property; or

Be subject to flood damage.

Required Approval. Any reduction to the 50-foot setback must be issued through a Discretionary Approval or approval of a Land Use Permit or Coastal Development Permit.

Required Finding. The Review Authority must find that, in consultation with the Santa Barbara County Flood Control District, the proposed lesser setback would be appropriate, in that it would allow access for flood control maintenance and enable proper operation of the channels.

ESHA Protections. Any reduction must also adhere to Section 17.30.070, Environmentally Sensitive Habitat Areas—Streamside Protection Areas, when applicable.

The City’s hazard mapping may be used as a resource for identification of hazard areas; however, absence of mapping cannot alone be considered absence of hazard. Local site conditions must be examined at the time of permit application using the best available sources.

If no potential hazards are found during the initial site assessment, no additional analysis or studies will be required, unless specifically requested by the Director; however, a written statement of the absence of hazards must be provided as part of an application submittal.

If a potential hazard is found during the initial site assessment or is specifically requested by the Director, a site specific hazard study will be required, pursuant to subsection B below.

Coastal Hazards Report. The site-specific Hazard Study must include an analysis of beach erosion, wave run-up, inundation, and flood hazards under current and expected conditions due to sea level rise during the expected life of the project. The report must consider, describe, and analyze the following:

Wooden stairs and other lightly constructed structures that provide public beach access.

Improvements necessary to provide access to the beach for emergency responders.

Temporary structures, subject to approval of a Minor Conditional Use Permit, pursuant to Chapter 17.57, Conditional Use Permits, and the following additional findings:

Removal of existing beach and shoreline structures, such as seawalls, roadways, and riprap, and removal of remnants of shoreline oil and gas facilities where the removal area is restored to a natural condition.

Bluff-Top Setbacks. Where a lot line is adjacent to a bluff the following setback standards apply:

Non-Bluff Coastline Setbacks. For all structures proposed within 500 feet of the mean high tide line in areas that lack coastal bluffs, a site-specific shoreline erosion rate and shoreline hazards study is required, consistent with the following:

Access and Recreational Area Setbacks. Additional setbacks may be required to accommodate public access and recreational areas in compliance with Chapter 17.25, Coastal Access.

Application Requirements. Any application for installation or repair and maintenance of shoreline protection devices must include an engineering or geological study that includes evidence and discussion for each of the following:

Required Findings. A shoreline protection device, including repairs, may be allowed by approval of a Major Conditional Use Permit and Coastal Development Permit approval, only when the Review Authority makes each the following findings:

Any maintenance or repair requires an engineering or geological study demonstrating that in the absence of maintenance or repair, the structure protected by the device would be further exposed coastal hazards.

Potentially Active Faults. Potentially active faults shall be subject to the same requirements as active faults unless and until a geologic or geotechnical study has adequately demonstrated that the fault is not active.

Are identified as potentially eligible for designation through historic resources survey or other evaluation conducted by a qualified preservation professional using accepted professional practices and formally adopted for inclusion on the HRI by the City Council; or

Are listed in or formally determined eligible for listing in the National Register of Historic Places or the California Register of Historical Resources, either individually or as a Contributor to a designated Historic District; or

Are designated as a County of Santa Barbara Landmark or County of Santa Barbara Place of Historic Merit; or

Are designated Historic Landmarks or contributors to designated Historic Districts by the City Council.

The proposed Historic Landmark is at least 50 years old or exhibits exceptional importance; and

The proposed Historic Landmark meets one or more of the following:

The proposed Historic Landmark retains those aspects of historic integrity that convey the reason for its significance.

Application. A nomination for designation as a Historic Landmark may be initiated by any resident of the City. If the applicant is not the property owner, the Director shall, within 10 days of receipt of the nomination, notify the property owner in writing that a nomination for designation has been submitted.

Historic Preservation Commission Hearing. The Director shall schedule a public hearing before the Historic Preservation Commission on nominations for Historic Landmark designation within 90 days of the application being deemed complete, or as reasonable. The Historic Preservation Commission shall make a recommendation to the City Council on the listing of the property for Historic Landmark designation based on the criteria for designating a Historic Landmark.

Interim Protection. No on-site activities, other than routine maintenance and repair, that could affect any character-defining feature or the historic integrity of the proposed Historic Landmark, shall be permitted during the time period from nomination submittal through City Council consideration.

City Council Hearing. As soon as is feasible after receiving the recommendation of the Historic Preservation Commission, the City Council shall consider the proposed Historic Landmark designation. Within 180 days from the application being deemed complete, the City Council must decide on the proposed designation. Failure by the City Council to act within 180 days will result in the nomination request being automatically denied without prejudice.

Notice of Designation. If the City Council approves a proposed Historic Landmark designation, notice of the City Council’s decision shall be sent to the applicant and property owner.

New information that was not available at the time of the evaluation or historic designation that compromises the historic significance of the property; or

Destruction of the historic resource through a catastrophic event that has rendered the building, structure, or object a hazard to public health, safety, or welfare; or

Demolition of the historic resource.

It possesses a significant concentration of properties united historically or aesthetically by plan or physical development; and

It meets one or more of the criteria for designation in Section 17.33.040(A)(2); and

A minimum of 60 percent of the properties within the proposed Historic District are identified as contributors to the Historic District’s significance; and

The Historic District collectively retains those aspects of historic integrity that convey the reason for its significance.

The property adds to the historic associations or historic architectural qualities for which the Historic District is significant; and

The property was present during the period of significance for the Historic District; and

The property retains sufficient historic integrity to convey its significance.

Application. A nomination for designation of a Historic District may be initiated by any resident of the city.

Owner Consent. At the time the nomination is submitted, the applicant shall submit documentation by letter or petition that a minimum of 51 percent of the property owners within the proposed Historic District support the nomination.

Owner Notification. The Director shall, within 10 days of receipt of a nomination, notify all property owners within the proposed Historic District in writing that a nomination for designation has been submitted.

Historic Preservation Commission Hearing. The Director shall schedule a public hearing before the Historic Preservation Commission on nominations for Historic District designation within 90 days of the nomination being deemed complete, or as reasonable. The Historic Preservation Commission shall make a recommendation to the City Council on the eligibility of the potential Historic District and the list of contributors for historic designation based on the criteria for designating a Historic District and the criteria for identifying contributors.

Interim Protection. No on-site activities, other than routine maintenance and repair, that could affect any character-defining feature or the historic integrity of any property within the potential Historic District, shall be permitted during the time period from nomination submittal through City Council consideration.

City Council Hearing. As soon as is feasible after receiving the recommendations of the Historic Preservation Commission, the City Council shall consider approval of the Historic District and the specific contributors within the Historic District. Within 180 days from the nomination being deemed complete, the City Council must decide on the proposed designation. Failure by the City Council to act within 180 days will result in the nomination request being automatically denied without prejudice.

Notice of Designation. If the City Council approves a proposed Historic District designation, notice of the City Council’s decision shall be sent to the applicant and all property owners within the Historic District.

Procedure. Amendment to or rescission of the status of a Historic District shall be processed in the same manner as provided for in Section 17.33.060(C).

Required Finding. In order to rescind or amend the designation of a Historic District or a contributor, the City Council must make at least one of the following findings:

It is the site of a building, structure, or object that no longer exists or has been altered, but was associated with historic events or important persons, or otherwise has significant cultural or historic significance; or

It is the site of a historic event which has no distinguishable physical characteristics.

The proposed alteration will affect an identified character-defining feature of the historic resource.

All proposed additions to historic resources are subject to Design Review.

Required Findings. The Director shall approve the plans and Design Review Board review is not required if the following findings are made:

Changes to the Plans. No changes shall be made to the project once the Director has approved the plans without resubmitting to the Director for approval of the changes.

Historic Preservation Commission Review. The review and decision on the design review for projects involving historic resources will be undertaken by the Design Review Board as outlined in Section 17.58.060, with a recommendation from the Historic Preservation Commission. The Historic Preservation Commission will review the application materials and make a recommendation to the Design Review Board for consideration prior to Preliminary Review as outlined in Section 17.58.060(B).

Required Findings. The Historic Preservation Commission shall make recommendations, and the Design Review Board shall decide based on one of the following findings:

The proposed action is consistent with the intent of this chapter and is supportive of the identified goals and policies of the General Plan; and

Any significant environmental impacts are mitigated to the maximum extent feasible; and

The demolition will not have a significant negative effect on the achievement of the purposes of this Title; and

One of the following:

Zoning Permit associated with the demolition of a historic resource shall not be issued until development plans for that site have secured plan check approval unless the demolition is approved to abate an unsafe or dangerous condition.

If a historic resource is demolished without approval of both a Zoning Permit and Demolition Permit, no Building or Construction-Related Permits shall be issued and no permits or use of the property shall be allowed from the date of demolition for a period of three years for residential properties, and five years for non-residential properties.

The property owner is responsible for noncompliance with any terms or conditions in the contract, or any provision in this chapter, or misrepresentation or fraud was used in the process of obtaining the contract; or

The property has been destroyed by fire, earthquake, flooding, or other calamity, or it has been taken by eminent domain.

There is sufficient evidence provided by the property owner that the maintenance requirements would cause an undue hardship, considering the property’s condition, current market value, and the costs of maintenance; and

The delay in enforcing the maintenance requirements will not result in the loss of character-defining features of the property; and

The delay in enforcing the maintenance requirements will not result in an unsafe or dangerous condition or create a blight or nuisance.

Plant materials must be selected from among native or non-invasive drought-tolerant species and varieties known to thrive in the region’s climate.

Recirculating water must be used for decorative water features.

Applicant signature and date with statement, “I agree to comply with the City’s Water Efficient Landscaping requirements and submit a complete Landscape Documentation Package”;

Water Efficient Landscaping Worksheet, including the following:

Soil Management Report;

Landscape Design Plan;

Irrigation Design Plan; and

Grading Design Plan.

Interior Lighting. All forms of interior lighting and light fixtures, unless directed toward or illuminating the exterior of the structure, creating a lantern effect or nighttime glow that impacts neighboring homes or public viewing areas.

Emergency Lighting. Temporary emergency lighting needed by police, fire, or other emergency service providers.

City Facilities. Lighting required pursuant to ordinance or law that are owned or operated by the City.

Federal and State Facilities or Requirements. Lighting required pursuant to State or Federal law or for facilities and lands owned or operated as protected by the U.S. Federal Government or the State of California.

Seasonal Lights. Temporary lighting installed and operated for the time period commencing 30 days prior to the festivity or holiday and extending no later than 30 days afterwards, provided that no individual light fixture or lamp exceeds 10 watts and 70 lumens.

Temporary Exemptions. Any individual may submit a written request to the Director for a temporary exemption from one or more requirements of this chapter. If approved, such exemption will be valid for up to 30 days, renewable at the discretion of the Director. Lighting associated with an approved Temporary Use Permit is considered an approved temporary exemption from the requirements of this chapter. The request for a temporary exemption must describe:

Outdoor lighting must be turned off during daylight hours and during any hours when the structure is not in use. Photocells or photocontrols must be used to automatically extinguish all outdoor lighting when sufficient daylight is available.

Outdoor lighting that is not otherwise exempt from this chapter may utilize automated control systems such as motion sensors in non-residential development. However, when an automated control system is utilized, the timer switches must be programmed to keep any lights on for no more than 10 minutes after activation.

Parking lot and pole-mounted security lighting must not exceed maximum mounting height of 14 feet to the top of the fixture including any base within 100 feet of an “R” Zone District. In all other areas, parking and security lighting must not exceed a maximum height of 20 feet. The Review Authority may allow light fixtures to exceed 20 feet in height in large parking lots that may require higher and fewer poles for aesthetic reasons, and to better accomplish lighting uniformity.

Areas designated as exterior display/sales areas must be illuminated so that the average horizontal illuminance is no more than five foot-candles.

Fixtures must be mounted no more than 20 feet above finished grade and the concrete pedestals used to protect the light pole must not exceed 24 inches in height and must be included in the overall height calculation.

Fixtures must be mounted no more than 20 feet in height above finished grade.

Light fixtures mounted on the bottom surface of canopies must be recessed so that the lens cover is recessed or flush with the bottom surface of the canopy and/or shielded by the fixture or the edge of the canopy.

All other light sources must comply with all General Requirements of Section 17.35.040 above.

The location of each existing and proposed outdoor light fixture within the development area. This information must be shown on the landscape plan to demonstrate coordination of fixtures and tree plantings. The location of light fixtures and landscaping on adjacent properties and on the street right-of-way that effect lighting/landscaping on the project is also necessary;

Lighting manufacturer-supplied specifications (“cut sheets”) that include photographs and manufacturer model number(s) of the fixtures, indicating the certified “cut off characteristics” of each fixture proposed;

Lamp source type (e.g., bulb type, lumen output, wattage, etc.);

Mounting height for each luminaire and depiction of the direction each fixture is aimed;

Total lumens and light temperature for each fixture, and total square footage of areas to be illuminated; and

Types of timing devices used to control the hours set for illumination, as well as the proposed hours when each fixture will be operated.

No changes to approved outdoor light fixtures may occur without prior review and approval by the City.

No additional exterior lighting may be added to the site without review and approval by the City.

Non-Single Unit Dwellings. For all development except single unit dwellings, the applicant must provide photometric diagrams and data, color rendering index of all lamps, and computer generated photometric grid showing foot-candle readings every 10 feet within the property or site and 10 feet beyond the property lines. The grid should also indicate maximum and minimum uniformity for each specific use area.

New Use Permitted By-Right. Any nonconforming use may be changed to a use that is allowed “by-right” in the zoning district in which it is located and complies with all applicable standards for such by-right use;

New Use Requires a Use Permit. No nonconforming use may be changed to a different use without approval of a Use Permit, unless the new use is permitted by-right. This requirement does not apply to a change of ownership, tenancy, or management where the new use is in the same classification as the previous use, as defined in this Title, and the use is not expanded; and

New Nonconforming Use Not Permitted. Nonconforming uses may not be changed to a different nonconforming use.

Within a Conforming Structure. A nonconforming use in a structure that conforms to the applicable requirements of this Title and to the Building Code, as adopted by the City, may expand the floor area that it occupies;

Within a Structure That Does Not Conform to the Building Code. Any nonconforming use in a structure that does not conform to the Building Code, as adopted by the City, may not expand the area it occupies until and unless the structure is brought into conformance with all applicable Building Code requirements;

Within a Structure That Does Not Conform to this Title. A nonconforming use in a structure that does not conform to the requirements of this Title but does conform to the requirements of the Building Code may expand the floor area it occupies; and

Expansions to Other Structures or Lots. A nonconforming use may not be expanded to occupy all or any part of another structure or another lot that it did not occupy on the effective date of this Title.

The City Council may consider whether or not to order the termination of any previously permitted use that is nonconforming pursuant to this Title. The time period within which such use must be terminated as provided herein only after a duly noticed public hearing pursuant to Chapter 17.52, Common Procedures.

The property owner of record and any tenant, individual or business operator known to be occupying the property shall be notified in writing no less than 10 days in advance of the hearing that the City Council will be considering whether or not to order the termination of the nonconforming use. The notice shall state the specific date, time, and location of the hearing.

If the City Council orders termination of the nonconforming use, the Order of Termination shall include the effective date of the termination and shall be served on the owner of record and any tenant and/or business operator or any other person or business entity known to be occupying the premises via personal service or delivery through the United States Postal Service or any other service designated for overnight delivery. If the City Council determines that there is no known address for an owner of record and any tenant and/or business operator, the Council may direct service of the Order of Termination to be accomplished by posting the Order on the property and publishing the Notice of the Order of Termination in a newspaper of general circulation. Service of the Termination Order shall be deemed complete at such time as it is served in the manner provided herein.

Except as otherwise provided herein, a nonconforming use that does not occupy a structure shall cease within one year from the date of a City Council Order of Termination.

Except as otherwise provided herein, all other nonconforming uses shall cease within five years from the date of a City Council Order of Termination.

The City Council may, within its discretion, order termination of a nonconforming use within any other time period that is less than five years where it determines that it would be appropriate in consideration of one or more of the following factors:

Within one year of the issuance of the City Council’s Order of Termination, as provided herein, the property owner of record or any lessee of the property, acting with the written consent of the current owner may apply for a modification of the Termination Order to extend the date by which all nonconforming uses shall cease up to an additional 15 years.

An application for modification shall be submitted on a form to be supplied by the City and shall be signed by the property owner, shall state the reasons why the use should be allowed to continue, and shall state how the continued use will not be incompatible with or detrimental to the uses in the surrounding area adjacent to the property; and shall state how the continued use will be consistent or can be modified to become consistent with the General Plan for the surrounding zoning area.

Before making a determination whether or not to grant an application for modification of the Termination Period, as defined herein, the Planning Commission may direct that an amortization analysis be prepared, at the applicant’s cost, to assist them in evaluating the application. The amortization analysis shall be conducted by a reputable firm, selected by and retained under contract to the City. Said firm should have the appropriate knowledge and expertise in conducting amortization analyses, including, but not limited to, experience in analyzing operations, relevant accounting and financial reporting standards, compliance demands and valuation of facilities for the use or uses being conducted on the property.

Applicant shall make a deposit with the City of the estimated cost of the amortization analysis, staff time and hearing costs relating to the application and shall thereafter promptly pay any additional costs over the initial estimate. Failure to make the required deposit within seven days of being advised by the City of the estimated costs for the application for modification, including the amortization analysis shall be deemed a withdrawal of the Application for Modification of the Termination Period and no further action will be taken by the City on such application. The time period to make the deposit may be extended by the City Manager for an additional seven days.

The Planning Commission may continue the hearing on the application for modification as necessary to complete such amortization analysis.

The Planning Commission must consider all documentary and oral evidence and testimony submitted for or at the hearing, and in making its decision to modify the Termination Order shall consider the following, where applicable:

Alterations and enlargements that comply with the following, subject to approval of the Director.

Alterations and enlargements that comply with the following are subject to approval of a Major Conditional Use Permit.

Up to 75 Percent Damaged. A nonconforming building or structure that is damaged or partially destroyed by fire, flood, earthquake, or other natural disaster may be restored or rebuilt if the cost of repair or reconstruction does not exceed 75 percent of the replacement cost of the nonconforming structure as determined by the Building Official. Replacement of the damaged portions of the building is allowed by-right provided that the replaced portions are the same size, extent, and configuration as previously existed, and repair work commences within 24 months of the date of damage.

More Than 75% Damaged. If the cost of repair or reconstruction of a nonconforming building or structure exceeds 75 percent of the replacement cost of the nonconforming structure as determined by the Building Official, the land and building will be subject to all of the requirements and applicable standards of this Title in effect at the time of the loss.

Pipelines that extend outside an oil and gas facility;

Pipelines transporting oil and gas or related content from or to an off-shore facility; and

Facilities related to the pipeline, including in-line pump stations, oil storage, and gas containment.