Santa Barbara City Zoning Code
Title 22
Environmental Policy and Construction
Attachment 1 - 2022 CBC Amendments
Ord- 6198
§ 22.04.010 Adoption of California Codes by Reference.
Subject to the amendments specified in Sections 22.04.020 through 22.04.070, the following Codes, certain appendix chapters, and the standards and secondary codes referenced therein are adopted, and shall be known as the City of Santa Barbara Building Codes.
A.
The "California Building Code Volumes 1 and 2" (2022 Edition), as published by the California Building Standards Commission, including Appendix Chapters G and J.
B.
The "California Residential Code" (2022 Edition), as published by the California Building Standards Commission, including Appendix Chapter V.
C.
The "California Electrical Code" (2022 Edition), as published by the California Building Standards Commission.
D.
The "California Mechanical Code" (2022 Edition), as published by the California Building Standards Commission.
E.
The "California Plumbing Code" (2022 Edition), as published by the California Building Standards Commission including Appendix Chapters I (Installation Standards) and K.
F.
The "California Energy Code" (2022 Edition), as published by the California Building Standards Commission.
G.
The "California Historical Building Code" (2022 Edition), as published by the California Building Standards Commission.
H.
The "California Existing Building Code" (2022 Edition).
I.
The "California Green Building Standards Code" (2022 Edition), as published by the California Building Standards Commission.
J.
"The California Referenced Standards Code" (2022 Edition), as published by the California Building Standards Commission.
K.
The "International Property Maintenance Code" (2021 Edition), as published by the International Code Council, including Appendix A.
(Ord. 5919, 2019; Ord. 6093, 2022)
§ 22.04.020 Amendments to the California Building Code. [1]
The California Building Code, as adopted by reference pursuant to this chapter, is amended as set forth in this section.
(Ord. 5780, 2016; Ord. 5919, 2019; Ord. 5966, 2020; Ord. 6093, 2022)
[1]
Editor's Note: The amendments to the 2022 California Building Code are included as an attachment to this title.
§ 22.04.025 Amendments to the California Residential Code.
The 2022 California Residential Code, as adopted by reference pursuant to this chapter, is amended as set forth in this section.
A.
Section R105.2 is amended to read as follows:
Section R105.2 Work Exempt From Permit. Permits shall not be required for the following. Exemption from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. (Note - For work, other than work involving, or accessory to, detached one- and two-family dwellings or townhouses, see Section 105 of the 2022 California Building Code as amended):
Building: | |
1. | One-story detached residential accessory structures used as tool and storage sheds, playhouses, portable and fixed playground equipment, bicycle or skateboard ramps and similar uses, provided the floor area does not exceed 120 square feet and the height does not exceed 10 feet at the highest point; and further provided the structure does not encroach into required setbacks or required open yards, does not obstruct required parking, and is not served by any utilities. The combined square footage of exempt accessory structures may not exceed 200 square feet on any single parcel. |
2. | Residential fences and walls not over 3½ feet high, as measured from the lowest adjacent grade of the fence or wall. |
3. | Residential retaining walls, and non-retaining walls, including masonry and concrete walls, which are not over 4 feet in height as measured from the bottom of the footing to the top of the wall, and that such wall will not support a surcharge, and is not located on a slope greater than 20%. |
4. | Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons and the ratio of height to diameter or width does not exceed 2:1. |
5. | New, replaced or altered uncovered residential platforms, decks, porches, walks, patios, flatwork (other than parking areas and driveways) that are not more than 10 inches above adjacent grade, and not over any basement or story below, and not part of the means of egress from a normally occupied interior space. |
6. | Interior painting, papering, tiling, carpeting, counter tops and similar finish work. |
7. | Prefabricated swimming pools that are less than 24″ deep. |
8. | Ground mounted radio, television and other masts or antenna or dish shaped communication reception or transmitting structures less than 3 feet in diameter, which do not extend more than 15 feet above grade and are not served by electrical circuits regulated under the National Electrical Code (NEC). Light-weight roof-mounted radio, television, and other masts or antenna or dish shaped communication reception or transmitting structures less than 2 feet in diameter, which do not extend more than 15 feet above the roof, are not served by electrical circuits regulated under the NEC, and which are not subject to design review by the Architectural Board of Review, Historic Landmarks Commission, or Single Family Design Board. |
Electrical: | |
1. | Listed cord-and-plug connected temporary decorative lighting. |
2. | Reinstallation of attachment plug receptacles but not the outlets therefore. |
3. | Replacement of branch circuit over current devices of the required capacity in the same location. |
4. | Electrical wiring, devices, appliances, apparatus, or equipment operating at less than 25 volts and not capable of supplying more than 50 watts of energy. |
5. | Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles. |
Gas: | |
1. | Portable heating, cooking or clothes drying appliance. |
2. | Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. |
3. | Portable-fuel-cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid. |
Mechanical: | |
1. | Portable heating appliance. |
2. | Portable ventilation equipment. |
3. | Portable cooling unit. |
4. | Steam, hot- or chilled-water piping within any heating or cooling equipment regulated by this code. |
5. | Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. |
6. | Portable evaporative cooler. |
7. | Self-contained refrigeration system containing 10 pounds or less of refrigerant or that are actuated by motors of 1 horsepower or less. |
Plumbing: | |
1. | The stopping of leaks in drains, water, soil, waste or vent pipe, provided, however, that if any concealed trap, drain pipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with the new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code. |
2. | The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures. |
B.
Section R105.5 "Expiration" is amended to read as follows:
R105.5 Expiration. Unless extended by the Building Official, every permit issued shall become invalid without notice provided when the following occurs:
1.
The work on the site, authorized by such permit, is not commenced within 180 days of the permit issuance date, or
2.
During any period of more than 180 days after permit issuance, the work on site does not receive a City Inspection approval for any one of the inspections found in Section 110.3
Prior to the permit expiration above, when requested in writing, the Building Official may grant administrative permit extensions for circumstances out of the permit holder's control that caused the construction to stop. However, no permit will be active for more than 6 years. |
C.
Section R112 "Board of Appeals" is deleted and replaced with the following:
R112.1 General. Appeals of orders, decisions, or determinations made by the Building Official shall be addressed in accordance with the provisions of Section 113 of the 2022 California Building Code as amended by the City of Santa Barbara in Section 22.04.020 of this Code.
D.
Section R115 "Post-Damage Assessment" is added to read as follows:
R115 Post-Damage Assessment. After a disaster, residential buildings subject to this Code shall be assessed for damage and placarded in accordance with Chapter 22.09 of this Code.
E.
Section R304.4 "Efficiency Dwelling Units" is added to read as follows:
R304.4 Efficiency Dwelling Units. Unless modified by local ordinance pursuant to Health and Safety Code Section 17958.1, efficiency dwelling units shall comply with the following:
1.
The unit shall have a living room of not less than 220 square feet (20.4 m2) of floor area. An additional 100 square feet (9.3 m2) of floor area shall be provided for each occupant of such unit in excess of two.
Exception: Notwithstanding the provisions of subsection 1 above, for projects constructed or operated by a nonprofit or governmental agency offering housing at an Affordable Housing Cost to Lower Income Households (as those terms are defined in sections 50052.5 and 50079.5 of the California Health and Safety Code), the City may permit efficiency dwelling units for occupancy by no more than two persons who qualify as either very low or low income households where the units have a minimum useable floor area, (excluding floor area in the kitchen, bathroom and closet), of not less than 150 square feet. In all other respects, such efficiency dwelling units shall conform to the minimum standards specified in this code. |
2.
The unit shall be provided with a separate closet.
3.
The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities, each having a clear working space of not less than 30 inches (762 mm) in front. Light and ventilation conforming to this code shall be provided.
4.
The unit shall be provided with a separate bathroom containing a water closet, lavatory and bathtub or shower.
F.
Section R313.1 "Townhouse Automatic Fire Sprinkler Systems" is amended to read as follows:
R313.1 Townhouse and One- and Two-Family Dwelling Automatic Fire Sprinkler Systems. An automatic residential fire sprinkler system shall be installed in new townhouses and one- and two-family dwellings.
R313.1.1 Design and Installation. Automatic residential fire sprinkler systems for townhouses and one- and two-family dwellings shall be designed and installed in accordance with Section R313.3 or NFPA 13D.
G.
Section R313.2 "One- and two-family dwellings automatic fire sprinkler systems" is amended to read as follows:
R313.2 City of Santa Barbara Local Requirements. Approved sprinkler systems shall be provided throughout a building in connection with the projects or changes of occupancy listed in this Section R313.2.2 or as specified elsewhere in this Section R313, whichever is more protective.
R313.2.1 Additions to or Remodels of Single Family Residences, Duplexes and Townhouses. Sprinklers are required for the addition of floor area to, or the modification or alteration of the interior of, an existing building that contains a Group R, Division 3 occupancy and townhouses, where the floor area of the portion of the building that is added, modified, or altered exceeds 75% of the existing floor area of the building. For purposes of this section, all modifications or alterations to an existing building that occur after September 11, 2009 shall be counted in the aggregate toward the 75% threshold measured against the floor area of the building.
R313.2.2 Computation of Square Footage. For the purposes of this Section R313, the floor area of buildings shall be computed in accordance with the definition of "Floor area, Gross" provided in Section 202 of the 2022 California Building Code.
R313.2.3 Existing Use. Except as provided in this Section R313, any building in existence at the time of the effective date of the ordinance adopting this section may continue with such use if such use was legal at the time.
H.
Section R337.1.1 "Scope" is amended to read as follows:
R337.1.1 Scope. This chapter applies to building materials, systems and/or assemblies used in the exterior design and construction of new buildings, remodels or additions to existing buildings located within a Wildland-Urban Interface Fire Area as defined in Section R337.2 and R337.1.3.1 Item #3.
I.
Section R337.1.3 "Application" is amended to read as follows:
R337.1.3 Application. New buildings, remodeled buildings or additions to existing buildings in any Fire Hazard Severity Zone or Wildland-Urban Interface Area designated by the enforcing agency constructed after the application date shall comply with this chapter.
Exception: Accessory and/or Group U occupancy buildings may be exempted from all or portions of this chapter upon approval of the Fire code official and/or Chief Building Official.
J.
Section R337.5 "Roofing" is amended to read as follows:
R337.5 Roofing
R337.5.1 General. Roofs shall comply with the most restrictive requirements of Sections R337 and R902. Roofs shall have a roofing assembly installed in accordance with its listing and manufacturers installation instructions.
R337.5.2 Roof Coverings. Roof coverings on new buildings shall be class A noncombustible in accordance with adopted CRC Standards or otherwise as may be approved by the Chief Building Official. Roof coverings shall be class A or noncombustible fire retardant materials on existing buildings and additions or repairs to existing buildings. Treated or untreated wood shakes or shingles shall not be permitted, except on existing structures which are constructed with shake or shingle roofs where less than 20% of the existing roof is being replaced within a two year period, provided such replacement roofing is fire retardant treated wood shakes or shingles. "Green" or "Vegetated" roofs shall not be used in the Wildland-Urban Interface Fire Area.
R337.5.3 Roof Valleys. Where valley flashing is installed, the flashing shall be not less than 0.019-inch (0.48 mm) No. 26 gage galvanized sheet corrosion-resistant metal installed over not less than one layer of minimum 72 pound (32.4 kg) mineral-surfaced non-perforated cap sheet complying with ASTM D 3909, at least 36-inch wide (914 mm) running the full length of the valley.
R337.5.4 Roof Gutters. Roof gutters shall be provided with an approved means to prevent the accumulation of leaves and debris in the gutter. All roof gutters and downspouts shall be constructed of noncombustible materials.
R337.5.5 Drip Edge Flashing. When drip edge flashing is used at the free edges of roofing materials, it shall be non-combustible.
K.
Section R337.6.2 "Requirements" is amended to read as follows:
R337.6.2 Requirements. Ventilation openings for enclosed attics, enclosed eave soffit spaces, enclosed rafter spaces formed where ceilings are applied directly to the underside of roof rafters, and underfloor ventilation openings shall be fully covered with metal wire mesh, vents, other materials, or other devices that meet the following requirements:
1.
The dimensions of the openings therein shall be a minimum of 1/16th inch (1.6 mm) and shall not exceed 1/8th inch (3.2mm).
2.
The materials used shall be noncombustible.
Exception to item #2: Vents located under the roof covering, along the ridge of roofs, with the exposed surface of the vent covered by noncombustible wire mesh, may be of combustible materials.
3.
The materials used shall be corrosion resistant.
4.
Individual ventilation openings shall not exceed 144 square inches.
5.
Turbine attic vents shall be equipped to allow one-way direction rotation only and shall not free spin in both directions.
6.
Ventilation openings protected with vent openings that resist the intrusion of flame and embers, and which are listed by the State Fire code official, are exempt from complying with this subsection.
L.
Section R337.8.2 "Exterior Glazing" is amended to read as follows:
R337.8.2 Exterior Glazing. The following exterior glazing materials and/or assemblies shall comply with this section:
M.
Sections R341 and R342 are added as follows:
R341 Encroachments into the Public Right-of-Way. Encroachments into the public right-of-way shall comply with the standards of Chapter 32 of the California Building Code.
R342 Safeguards During Construction. Provisions for pedestrian safety during construction and the protection of adjacent public and private properties shall be governed by the requirements of Chapter 33 of the California Building Code.
N.
Section R401.4 "Soils Tests" is amended to read as follows:
R401.4 Soils Reports/Geotech Investigations. A Soils Report or Geotechnical Investigation shall be required as outlined in Section 1803 of the 2022 California Building Code.
Exceptions:
O.
Section 401.5 "Grading" is added to read as follows:
R401.5 Grading. All grading, excavations and earthwork, including work required and/or related to structures regulated by this code, shall comply with Appendix J "Grading" of the 2022 California Building Code as amended.
P.
Section R403.1.2 "Continuous Footing in Seismic Design Categories D0, D1 and D2" is amended to read as follows:
R403.1.2 Continuous Footing in Seismic Design Categories D0, D1 and D2. The braced wall panels at exterior walls of buildings located in Seismic Design Categories D0, D1 and D2 shall be supported by continuous footings. All required interior braced wall panels in buildings shall be supported by continuous footings regardless of the spacing of the brace wall lines.
Q.
Section R403.1.5 "Slope" is amended to read as follows:
R403.1.5 Slope. The top surface of footings shall be level. The bottom surface of footings shall not have a slope exceeding one unit vertical in ten units horizontal (10-percent slope). Footings shall be stepped where it is necessary to change the elevation of the top surface of the footings or where the slope of the bottom surface of the footings will exceed one unit vertical in ten units horizontal (10-percent slope).
For structures located in Seismic Design Categories D0, D1, D2, and E, stepped footings shall be reinforced with four ½-inch diameter (12.7 mm) deformed reinforcing bars. Two bars shall be placed at the top of the footing and two bars shall be placed at the bottom of the footing.
R.
Section R404.2 "Wood Foundation Walls" is amended to read as follows:
R404.2 Wood Foundation Walls. Wood foundation walls shall be constructed in accordance with the provisions of Sections R404.2.1 through R404.2.6 and with the details shown in Figures 403.l(2) and R403.1(3). Wood foundation walls shall not be used for structures located in Seismic Design Categories D0, D1, D2, and E.
S.
Sections R902.1–R902.1.3 of the "Roofing Covering Materials" section are amended to read as follows:
R902.1 Roofing Covering Materials. Roofs shall be covered with materials as set forth in Sections R904 and R905. A minimum Class A or B roof shall be installed in areas designated by this section. Classes A and B roofing required by this section to be listed shall be tested in accordance with UL 790 or ASTM E 108.
R902.1.1 Roof Coverings Within Very-High Fire Hazard Severity Zones. The roofing and re-roofing requirements of structures within Very-High Fire Hazard Severity Zones shall be the same as is required for Wildland-Urban Interface Fire Area, as defined in Section R337.2 and R337.1.3.1 Items #2 and #3.
R902.1.2 "Roof Coverings Within State-Responsibility Areas" is deleted in its entirety without replacement.
R902.1.3 Roof Coverings in All Other Areas. The roof covering or roofing assembly of any new building or the re-roofing of any existing building shall be no less than Class B. Treated or untreated wood shakes or shingles shall not be permitted, except on existing structures which are constructed with shake or shingle roofs where less than 20% of the existing roof is being replaced within a two-year period, provided such replacement roofing is fire retardant treated wood shakes or shingles.
Exception: In the High Fire Hazard District, roof coverings shall be in accordance with Section R337 as amended.
T.
Section R905.10.1 "Deck Requirements" is amended to read as follows:
R905.10.1 Deck Requirements. Metal roof panel roof coverings shall be applied to a solid or closely fitted deck, except where the roof covering is specifically designed to be applied to spaced supports. Metal roof panel coverings shall not be installed over combustible shingles or shakes.
U.
Appendix AX - is amended to read as follows:
AV100 Private Swimming Pools. Private swimming pools shall be constructed in accordance with the 2022 California Building Code, Section 3109.
(Ord. 5919, 2019; Ord. 6093, 2022)
§ 22.04.030 Amendments to the California Plumbing Code.
The 2022 California Plumbing Code, as adopted by reference pursuant to this chapter, is amended as set forth in this section.
A.
Section 104.4.3 "Expired Permits" is amended to read as follows:
104.4.3 Expired Permits. Permits shall expire in accordance with Section 105.5 of the 2022 California Building Code as amended by the City of Santa Barbara in Section 22.04.020.
B.
Section 104.5 "Fees" is amended to read as follows:
104.5 Fees. Fee payments, fee schedules, work commencing prior to permit issuance, related fees and refunds shall be in accordance with 2022 California Building Code Section 109.
C.
Section 107 "Board of appeals" is amended to read as follows:
107 Board of Appeals. Appeals of orders, decisions, or determinations made by the Building Official shall be addressed in accordance with the provisions of Section 113 of the 2022 California Building Code as amended by the City of Santa Barbara in Section 22.04.020.
D.
Section 301.6.1 "County as Local Health Authority" is added to read as follows:
301.6.1 County as Local Health Authority. Pursuant to the application of section 301.6, the Santa Barbara County Environmental Health Department is the Local Health Authority.
E.
Local Modifications to Section 422.2.1 "Single User Toilet Facilities" of the California Plumbing Code.
422.2.1 Single-User Toilet Facilities Identification. Family or assisted use toilet facilities shall be identified with signage indicating use by either sex. All single-user toilet facilities in any business establishment, place of public accommodation, or state or local government agency shall be identified as allgender toilet facilities by signage that complies with Section 11B-703.7.2.6 of the California Building Code and designated for use by no more than one occupant at a time or for family or assisted use. For the purposes of Section 422.2.1, "single-user toilet facility" means a toilet facility with one water closet and no more than one urinal with a locking mechanism controlled by the user.
Separate facilities shall not be required where rooms have fixtures designed for use by all genders and the water closets are installed in privacy compartments with a locking mechanism controlled by the user. When installed, urinals shall be located in a enclosed privacy compartment or an enclosed separate private area with a locking mechanism controlled by the user.
The substitution of a water closet for each urinal shall be permitted provided the total number of fixtures installed complies with Table 422.1 of the California Plumbing Code.
This subsection shall not allow for a reduction in the total number of plumbing fixtures that are required by Part 5 of Title 24 of the California Code of Regulations nor a reduction in the number of toilet facilities accessible to persons with disabilities that are otherwise required under either Title 24 of the California Code of Regulations or the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.).
F.
Section 423 "Fountains" is added to read as follows:
423 Fountains. All fountains and other decorative bodies of water of any depth shall be equipped with a recirculation system, an approved Reduced Pressure Principle Backflow Prevention Assembly (RP) and shall be designed to operate without a continuous supply of water.
G.
Section 424 "Vehicle Wash Facilities" is added to read as follows:
424 Vehicle Wash Facilities.
All vehicle wash facilities using conveyors, touchless and/or rollover in-bay technology shall reuse a minimum of 50% of water from previous vehicle rinses in subsequent washes.
Vehicle wash facilities using reverse osmosis to produce water rinse with a lower mineral content, shall incorporate the unused concentrate in subsequent vehicle washes.
All hoses pipes and faucets designed for the manual application of water to vehicles at vehicle wash facilities shall be equipped with a positive shut-off valve designed to interrupt the flow of water in the absence of operator applied pressure.
H.
Section 603.1 "General" is amended to read as follows:
603.1 General. Cross-connection control shall be provided in accordance with the provisions of this chapter and Sections 7583 through 7630 "Drinking Water Supplies" of Title 17 of the California Administrative Code, and where there is a conflict between the requirements, the higher level of protection shall apply.
No person shall install any water-operated equipment or mechanism, or use any water-treating chemical or substance, if it is found that such equipment, mechanism, chemical, or substance causes pollution or contamination of the domestic water supply. Such equipment or mechanism shall be permitted only when equipped with an approved backflow prevention device or assembly.
I.
Section 608.2 "Excessive Water Pressure" is amended to read as follows:
608.2 Excessive Water Pressure. Regardless of the pressure at the main, all occupancies served by the City of Santa Barbara Water Resource Division shall be equipped with an approved pressure regulator preceded by a strainer (unless a strainer is built into the device). Any irrigation system or other secondary piping that bypasses said regulator shall be equipped with its own approved pressure regulator and strainer, installed upstream of any piping, backflow device, valve, solenoid or outlet. Such regulator(s) shall control the pressure to all water outlets in the building unless otherwise approved by the Authority Having Jurisdiction. Each such regulator and strainer shall be accessibly located above ground or in a vault equipped with a properly sized and sloped bore-sighted drain to daylight, shall be protected from freezing, and shall have the strainer readily accessible for cleaning without removing the regulator or strainer body or disconnecting the supply piping. Pipe size determinations shall be based on 80 percent of the reduced pressure when using Table 610.4. An approved expansion tank shall be installed in the cold water distribution piping downstream of each such regulator to prevent excessive pressure from developing due to thermal expansion and to maintain the pressure setting of the regulator. The expansion tank shall be properly sized and installed in accordance with the manufacturer's instructions and listing. Systems designed by registered engineers shall be permitted to use approved pressure relief valves in lieu of expansion tanks provided such relief valves have a maximum pressure relief setting of 100 pounds per square inch (689 kPa) or less.
J.
Sections 710.14 "Sewage Pump Signaling Device" and 710.15 "Approved Type Backwater Valve" are added to read as follows:
710.14 Sewage Pump Signaling Device. Specially designed sewage disposal systems which depend upon a sewage lift pump or ejector for their operation shall be provided with an approved audible signaling device to warn building occupants in the event of pump failure.
710.15 Approved Type Backwater Valve. When the valuation of an addition, alteration, or repair to a building exceeds $1,000.00 or when additions, alterations, or repairs are made to the plumbing system or fixtures and a permit is required, an approved backwater valve shall be installed in accordance with Section 710.0 of this Code.
Exception: The following work is allowed without the installation of a Backwater Valve:
1.
Repairs to the exterior surface of a building.
2.
The installation of solar photo voltaic energy systems
3.
The installation of electrical vehicle charging systems
4.
Domestic water heater equipment replacements
5.
Residential electrical panel board replacement/upgrades
6.
Other work as deemed exempt in writing by the Chief Building Official
K.
Section 713.2 "Connection to Public Sewage System" is amended to read as follows:
713.2 Connection to Public Sewage System. When no public sewer intended to serve any lot or premises is available in any thoroughfare or right of way abutting such lot or premises, drainage piping from any building or works shall be connected to an approved private sewage disposal system.
Approved private systems may be used until a public system is available. Upon written notice by the Chief Building Official to the record owner of title, such private systems shall be abandoned in accordance with the provisions of Section 722.0 of this code and permits to connect to the public system must be secured.
(Ord. 5919, 2019; Ord. 6093, 2022)
§ 22.04.031 Onsite Wastewater Treatment Systems.
A.
Article 1 of Chapter 18C of "The Code of the County of Santa Barbara, California" is adopted by reference, except Sections 18C-8 and 18C-10, and subject to the following amendments:
1.
Section 18C-2, subdivision (BBB) is amended to read as follows:
"Special problems area" is an area designated by the resolution of the City Council as having severe constraints to development that include, but are not limited to, access, drainage and wastewater disposal.
2.
Section 18C-3, subdivision (A)(1) is amended to read as follows:
Any structure, regardless of use, that produces wastewater shall have adequate wastewater treatment as required by the California Plumbing Code, as amended and adopted by the City of Santa Barbara. Wastewater treatment shall either be accomplished by means of an approved onsite wastewater treatment system or connection to a public sewer.
3.
Section 18C-3, subdivision (C) is amended to read as follows:
Permit Issuance Does Not Allow Continued Violation. The issuance of a permit or approval of plans shall not be deemed or construed to allow a violation of any of the provisions of the Santa Barbara Municipal Code or California State Law. The issuance of a permit or approval of plans shall not prevent the administrative authority from requiring the correction of errors in said permit or approved plans when a condition allowed in the approval is found to be in violation of applicable law. Continued violation may result in fines or penalties to the responsible party pursuant to Chapter 1.25 or
1.28 of the Municipal Code.
4.
Section 18C-4, subdivision (F) is amended to read as follows:
Zoning Clearance. A land use permit or a coastal development permit shall be issued as required under Title 28 or Title 30 of the Municipal Code for any new structure utilizing an onsite wastewater treatment system prior to the issuance of a permit to construct the onsite wastewater treatment system.
5.
Section 18C-4, subdivision (G) is amended to read as follows:
Administrative Fines and Penalties. Any person who commences work on an onsite sewage treatment system for which a permit is required, without first having obtained a permit, shall be required to obtain a permit and pay double the permit application fee established by City Council resolution and may be subject to administrative fines or penalties as provided in Chapter 1.25 or 1.28 of the Municipal Code.
6.
Section 18C-4, subdivision (H)(3) is amended to read as follows:
If the work halted by the suspension or revocation of a permit, has left an onsite wastewater treatment system in a condition that constitutes a safety hazard, a nuisance or threatens public health, the administrative authority may order the permittee to perform any work reasonably necessary to protect public health and safety or mitigate the nuisance as allowed by Section 18-3 of the County Code.
C.
The provisions of Article 1 of Chapter 18C of The Code of the County of Santa Barbara, California as adopted by subdivision (A) may be enforced by agreement with the County of Santa Barbara.
D.
The Building Official is authorized to execute agreements necessary or convenient to the implementation of this section.
E.
No permit shall be issued for installation, repair or alteration of any onsite wastewater treatment system when a public sewer is available to serve the parcel.
(Ord. 6036 § 2, 2021)
§ 22.04.040 Amendments to the California Mechanical Code.
The 2022 California Mechanical Code, as adopted by reference pursuant to this chapter, is amended as set forth in this section.
A.
Section 104.5 "Fees" is amended to read as follows:
104.5 Permit Fees. Fee payments, fee schedules, work commencing prior to permit issuance, related fees and refunds shall be in accordance with 2022 CBC Section 109.
B.
Section 104.4.3 "Expired Permits" is hereby amended to read as follows:
104.4.3 Expired Permits. Permits shall expire in accordance with Section 105.5 of the 2022 California Building Code as amended by the City of Santa Barbara in Section 22.04.020.
C.
Section 107 "Board of Appeals" is hereby amended to read as follows:
107 Board of Appeals. Appeals of orders, decisions, or determinations made by the Authority Having Jurisdiction shall be addressed in accordance with the provisions of Section 113 of the 2022 California Building Code as amended by the City of Santa Barbara in Section 22.04.020.
(Ord. 5919, 2019; Ord. 6093, 2022)
§ 22.04.050 Amendments to the California Electrical Code.
The 2022 California Electrical Code, as adopted by reference pursuant to this chapter, is amended as set forth in this section.
Article 90.4.1 "Administration" is added to read as follows:
90.4.1 Administration. This code shall be administered in accordance with Chapter 1 of the 2022 California Building Code as amended by the City of Santa Barbara in Section 22.04.020.
(Ord. 5919, 2019; Ord. 6093, 2022)
§ 22.04.060 Amendments to the 2022 California Green Building Standards Code.
The 2022 California Green Building Standards Code, as adopted by reference pursuant to this chapter, is amended as set forth in this section.
A.
Section 4.304.2 "Fountains" is added to read as follows:
4.304.2 Fountains. All residential fountains and other decorative bodies of water of any depth directly plumbed by potable water, on a single parcel of land, shall not exceed a total water surface area of twenty five square feet.
B.
Section 5.304.7 "Fountains" is added to read as follows:
5.304.7 Fountains. All non-residential fountains and other decorative bodies of water of any depth directly plumbed by potable water, on a single parcel of land, total water surface area shall not exceed twenty five square feet.
(Ord. 5919, 2019; Ord. 6093, 2022)
§ 22.04.070 Amendments to the 2021 International Property Maintenance Code.
The 2021 International Property Maintenance Code, as adopted by reference pursuant to this chapter, is amended as set forth in this section.
A.
Section 101.1 "Title" is amended to read as follows:
101.1 Title. These regulations shall be known as the Property Maintenance Code of the City of Santa Barbara, hereinafter referred to as "this code."
B.
Section 101.2 is amended to add the following exception:
Exception: Where this Code conflicts with the State Housing Law beginning in State Health and Safety Code Section 17910, the requirements of the State Housing Law shall govern.
C.
Section 103.1 "General" is amended to read as follows:
103.1 General. The City Building and Safety Division unit is hereby appointed to enforce this code. The City's Chief Building Official will serve as the Code Official.
D.
Sections 103.2—103.3 are deleted without replacement.
E.
Section 107 "Means of Appeal" is amended to read as follows:
107 Means of Appeal. Appeals of orders, decisions, or determinations made by the Code Official shall be addressed in accordance with the provisions of Section 113 of the 2022 California Building Code as amended by the City of Santa Barbara in Section 22.04.020.
F.
Section 108 "Board of Appeals" is amended to read as follows:
108 Board of Appeals. The Board of Appeals shall be in accordance with the provisions of Section 113 of the 2022 California Building Code as amended by the City of Santa Barbara in Section 22.04.020.
G.
Section 110.4 "Failure to Comply" is amended to read as follows:
110.4 Failure to Comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed by the Code Official to perform to remove a violation or unsafe condition, may be assessed a citation as outlined in Santa Barbara Municipal Code Section 1.25.
H.
Section 111.1 "Unsafe Conditions" is amended to read as follows:
111.1 Unsafe Conditions. When a structure or equipment is found by the Code Official to be unsafe, unfit for human occupancy, or unlawful, such structure or equipment shall be placarded pursuant to section 111.7 of this code.
I.
Section 111.3 "Record" is amended to read as follows:
111.3 Record. Official records associated with a violation that is subject to the application of this code shall be retained by the City.
J.
Section 111.7 "Placarding" is amended to read as follows:
111.7 Placarding. Pursuant to conditions found in sections 111.1.1, 111.1.2, 111.1.3, and 111.8 of this code, the Code Official shall post on the subject premises, structure or equipment a placard stating either "Unsafe" or "Limited Entry." Such placard shall include the penalty for violating the conditions of the placard and reference to the appeals process of section 113 of 2022 California Building Code as amended by the City of Santa Barbara in Section 22.04.020 of this Code.
K.
Section 111.9 "Restoration or Abatement" is amended to add the following exception:
Exception: Similar to the State Public Resources Code 5028:
(a)
No structure that is listed on the National Register of Historic Places, on the California Register of Historic Places, or on any local public register of historic places, and that has been damaged due to a disaster, including, but not limited to, an earthquake, fire, or flood, may be demolished, destroyed, or significantly altered, except for restoration to preserve or enhance its historical values, unless the structure presents an imminent threat to the public of bodily harm or of damage to adjacent property.
(b)
The City's Building & Fire Code Board of Appeals and the City's Historic Landmarks Commission, shall hold a joint meeting, to determine whether a structure meeting the requirements set forth in subdivision (a) shall be demolished, destroyed, or significantly altered. That determination shall be based upon the extent of damage to the structure, the total cost of rehabilitating or reconstructing the structure, the structure's historical significance, and any other factor deemed to be relevant. In making that determination, the recommendation of a City certified historic preservation expert shall be considered. A determination should be issued no later than 30 days after the meeting.
L.
Section 302.4 "Weeds" is amended to read as follows:
302.4 Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of 12″. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens.
Upon failure of the owner or agent having charge of a property to cut and destroy weeds after service of a notice of violation, any duly authorized employee of the jurisdiction or contractor hired by the jurisdiction shall be authorized to enter upon the property in violation and cut and destroy the weeds growing thereon, and the costs of such removal shall be paid by the owner or agent responsible for the property.
M.
Section 304.14 "Insect Screens" is amended to read as follows:
304.14 Insect Screens. Regardless of the season of the year, every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fittings screens of minimum 12 mesh per inch (16 mesh per 25mm), and every screen door used for insect control shall have a self-closing device in good working condition.
Exception: Screens shall not be required where other approved means, such as air curtains or insect repellant fans, are employed.
N.
Section 602.2 "Residential Occupancies" is amended to read as follows:
602.2 Residential Occupancies. Regardless of the season of the year, dwellings shall be provided with heating facilities capable of maintaining a room temperature of 68ºF (20ºC) in all habitable rooms. Cooking appliances shall not be used, nor shall portable unvented fuel-burning space heaters be used, as a means to provide required heating.
O.
Section 602.3 "Heat Supply" is deleted without replacement.
P.
Section 602.4 "Occupiable Work Spaces" is deleted without replacement.
(Ord. 5919, 2019; Ord. 6093, 2022)
§ 22.05.010 Purpose.
The California State Legislature has declared it to be in the public interest to establish an effective process for hazardous waste management planning and has adopted a process for development and public review of local plans to serve as the primary planning documents for hazardous waste management. The County of Santa Barbara and appropriate city and state agencies have approved a Santa Barbara County Hazardous Waste Management Plan pursuant to that process.
It is the purpose of this chapter to require certain decisions to be consistent with the portions of the approved county plan which identify general areas or siting criteria for hazardous waste facilities.
(Ord. 4825, 1993)
§ 22.05.020 Decisions Shall Be Consistent with County Hazardous Waste Management Plan.
To the extent required by the provisions of California Health and Safety Code Section 25135.7, all applicable zoning, subdivision, development plan, conditional use permit, modification and variance decisions on projects made by and on behalf of the City of Santa Barbara shall be consistent with the Hazardous Waste Management Plan for the County of Santa Barbara, as adopted, approved and amended, from time to time. The County has adopted the Hazardous Waste Management Plan as the Hazardous Waste Element of the Santa Barbara County Comprehensive Plan.
(Ord. 4825, 1993)
§ 22.06.010 Title.
This chapter shall be referred to as the Hazardous Waste Generators Ordinance of the City of Santa Barbara.
(Ord. 4825, 1993)
§ 22.06.020 Purpose and Intent.
The purpose of this chapter is to implement certain policies of the Hazardous Waste Management Plan adopted in Chapter 22.05 of this title by requiring hazardous waste generators to incorporate waste minimization and emergency response considerations into their uses and developments. The intent is to require generators to submit a Waste Minimization Plan to the Santa Barbara County Department of Environmental Health Services or successor agency and incorporate waste minimization techniques where technically and economically feasible, comply with the County Department of Environmental Health Services' Generator Permit Program and prepare an emergency response plan where required by Chapter 6.95 (commencing with Section 25500) of the California Health and Safety Code.
(Ord. 4825, 1993)
§ 22.06.030 Definitions.
Whenever in this chapter the following terms are used, they shall be construed to have the meaning(s) ascribed to them in this section unless it is apparent from the context in which they appear that some other meaning is intended.
means that plan which each business with specified quantities of hazardous materials (including wastes) must prepare under Chapter 6.95 of the California Health and Safety Code. The business plan must include an inventory of hazardous materials on site, an emergency response plan and employee training procedures.
means the person, business or facility who, by nature of ownership, management or control is responsible for causing or allowing to be caused the creation of hazardous waste.
means the annual permit to operate required by State law of all generators of hazardous waste. Generator Permits must be obtained from the Santa Barbara County Department of Environmental Health Services, or successor agency.
means a waste, or combination of wastes, which because of the quantity, concentration or physical and chemical characteristics may either (a) cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness, or (b) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed or otherwise managed. Hazardous waste also includes those materials described in Title 22, Division 4.5, Chapter 11, California Code of Regulations (CCR).
means the reduction, to the maximum extent feasible, of hazardous waste that is generated or subsequently stored, treated or disposed of. Waste minimization is a reduction in the total volume or quantity of hazardous waste and minimizes the present and future threat to human health and the environment. As used in the Hazardous Waste Management Plan and this code, waste minimization includes source reduction, recycling and on site treatment of hazardous wastes.
(Ord. 4825, 1993)
§ 22.06.040 Applicability.
The provisions of this chapter apply to any activity within the City of Santa Barbara for which a Generator Permit is required that is undertaken by a person or business who is or will be a generator of hazardous waste.
(Ord. 4825, 1993)
§ 22.06.050 Requirements.
A.
As part of the application to the County Department of Environmental Health Services for a Generator Permit, the applicant shall submit a Waste Minimization Plan.
B.
All new or modified Generator Permits shall incorporate waste minimization techniques to the maximum extent that is economically and technically feasible.
C.
Prior to the issuance of any City building permit, the applicant shall have an approved Generator Permit from the County Department of Environmental Health Services or an accepted application for a Generator Permit.
(Ord. 4825, 1993)
§ 22.07.010 Creation of Easements.
Pursuant to Article 2.7 (commencing with Section 65870) of Chapter 4 of Division 1 of Title 7 of the Government Code, which authorizes any city to adopt an ordinance for the imposition of covenants of easements, each City official or agency with authority to issue or approve a land use or development permit shall have authority to require recordation of covenants of easement to assure compliance with any conditions of approval and any other requirement of law. A covenant of easement required pursuant to this chapter may be for parking, ingress, egress, emergency access, light and air access, landscaping, or open space purposes or a combination of the aforementioned purposes. For purposes hereof, "land use or development permit" shall include, but not be limited to, a grading permit, building permit, development plan approval, specific plan approval, conditional use permit, variance, modification, architectural design approval and all similar permits and approvals for the use of development of land.
(Ord. 4454, 1987)
§ 22.07.020 Common Ownership.
A covenant of easement created pursuant to this chapter shall only be effective if at the time of its recordation, all of the real property benefited or burdened by the covenant shall be in common ownership.
(Ord. 4454, 1987)
§ 22.07.030 Effective Date, Duration.
The covenant of easement shall be effective when recorded and shall act as an easement pursuant to Chapter 3 (commencing with Section 801) of Title 2 of Part 2 of Division 2 of the Civil Code, except that it shall not merge into any other interest in the real property. Section 1104 of the Civil Code shall be applicable to conveyance of the affected real property. A covenant or easement authorized by this chapter may not be terminated except as authorized by Section 22.07.070.
(Ord. 4454, 1987)
§ 22.07.040 Identification of Easement and Approval.
A covenant of easement recorded pursuant to this chapter shall describe the real property to be subject to easement and the real property to be benefited thereby and shall identify the approval, permit, or designation granted which relied upon or required the covenant.
(Ord. 4454, 1987)
§ 22.07.050 Runs with Real Property.
A covenant executed pursuant to this chapter shall be enforceable by the successors in interest to the real property benefited by the covenant, the City and any person authorized to enforce it by the City.
(Ord. 4454, 1987)
§ 22.07.060 Recordation.
The covenant of easement (i) shall be recorded in the official records of the County of Santa Barbara, (ii) shall contain a legal description of the real property, and (iii) shall be executed by the owner of the real property. From and after the time of its recordation, the covenant shall impart notice thereof to all persons to the extent afforded by the recording laws of this state. Upon recordation, the burdens of the covenant shall be binding upon, and the benefits of the covenant shall inure to, all successors in interest to the real property.
(Ord. 4454, 1987)
§ 22.07.070 Procedure for Release of Covenant.
A.
Release. Any owner of property which is burdened or benefited by the covenant of easement may file an application for the release of its covenant. The application shall be filed with the Community Development Department on forms approved by that Department, shall contain the information required by the Department and be accompanied by all applicable processing fees. The Community Development Department shall review said application and shall make a recommendation to the Planning Commission which shall conduct a hearing on said application. Upon a determination that the restriction of the property is no longer necessary to achieve the land use goals of the City, the Planning Commission shall direct the Community Development Director to record a release of the covenant.
B.
Appeal to City Council. Any decision of the Planning Commission under this section may be appealed to the City Council by filing a notice of appeal with the City Clerk and making payment of all required appeal fees within 10 days after the decision of the Planning Commission.
(Ord. 4454, 1987)
§ 22.07.080 Fees.
The City Council may, by resolution, establish fees for filing applications, processing covenants of easement and releases thereof and any other matters related to this chapter.
(Ord. 4454, 1987)
§ 22.08.010 Title and Purpose.
The City Council hereby finds that the continued presence in an area or neighborhood of a partially destroyed building causes a blight on that neighborhood, adversely affects neighboring property values, invites vandalism, and may result in injury to persons and property. The City Council further finds that the continued presence of partially destroyed buildings is an unsightly and blighting physical object contrary to the general welfare and character of the community. The City Council further finds that the health, safety and welfare of the City requires the removal, repair, or reconstruction of partially destroyed buildings by the property owner or removal of said buildings by the City at the expense of the property owner after the property owner has been given the opportunity, but fails to carry out his or her duty to abate the condition.
(Ord. 4032, 1979)
§ 22.08.020 Definitions Generally.
For the purposes of this chapter, words, phrases and terms not specifically defined in the municipal code shall have the meanings stated in the most recent versions of the California Building Code, as adopted and amended by the City, or Uniform Housing Code that has been adopted by the City.
(Ord. 4032, 1979; Ord. 5451, 2008)
§ 22.08.025 Partially Destroyed Buildings.
A partially destroyed building shall be any building or structure or part thereof which has received damage by fire, earthquake, flood, wind or by any similar cause except normal usage and which has not been repaired and which will require reconstruction or repair in order to restore the building or structure to its prior use and normal exterior appearance.
(Ord. 4032, 1979)
§ 22.08.030 Notice to Property Owner.
The Building Official of the City shall give written notice by either personal service or by mail to the property owner of record of a partially destroyed building. Said notice shall include a copy of this chapter of the Code and a statement that the Building Official has determined that the building is a partially destroyed building with a brief and concise description of the conditions which make said building violative of this chapter. Said statement shall also specify a time within which the partially destroyed building shall be repaired, reconstructed or removed by the property owner.
(Ord. 4032, 1979)
§ 22.08.040 Duties of Property Owner.
Within 45 days after receipt of written notice from the Building Official as provided for in Section 22.08.030, the property owner shall either remove the partially destroyed building or begin actual repair or reconstruction of such partially destroyed building. The Building Official, upon a showing of good cause and that the removal, repair or reconstruction is delayed due to causes beyond the control of the property owner, may extend the period of time for commencement and/or completion of the work.
(Ord. 4032, 1979)
§ 22.08.050 Failure to Abate.
In the event the property owner has not begun the repair and reconstruction or removal of the structure within the time limits set forth in Section 22.08.040, the Building Official shall cause to be filed for record with the County Recorder, a Notice of Intention to Record a Notice of Order to Abate describing the real property, naming the property owner thereof, describing the violation and giving notice of the City Council hearing. The Building Official shall give written notice by personal delivery or mail to the property owner that the City intends to carry out the removal of the structure and have the cost of said removal be made a charge against the property owner and lien against the property, unless the building is removed, repaired and/or reconstructed so as to eliminate the condition that is violative of this chapter. The Building Official shall also advise the property owner that he or she has a right to attend and present evidence at a scheduled hearing before the City Council of the City of Santa Barbara for the purpose of final determination that the building is a partially destroyed building as defined under this chapter, that the blighting condition should be eliminated and that the building should be removed by the City if the violation of this chapter is not eliminated by other parties. Said hearing shall begin no later than 30 days after the date of the personal delivery or mailing of the notice and may be continued by the City Council.
(Ord. 4032, 1979)
§ 22.08.060 Findings.
Upon completion of the hearing, the City Council shall find as to the fact that the building is a partially destroyed building and upon such fact being found shall determine that the building shall be removed, repaired, and/or reconstructed by the property owner within a prescribed time or the City shall cause the building to be removed. Said determination shall be made based upon the evidence presented and a report from the Building Official regarding the existing condition of the building, the estimated costs of repair, reconstruction and removal and the desirability of abating the blighted condition. If the City Council makes such a determination, written findings and an order shall be approved. After said hearing, the City Clerk shall cause to be filed for record a Notice of Order to Abate with the County Recorder and shall give all parties who have a recorded interest in the property notice of such recordation by mail.
(Ord. 4032, 1979)
§ 22.08.070 Financial Hardship.
If the property owner makes an application to the City Council for financial assistance for the repair and/or reconstruction of the partially destroyed building prior to the conclusion of the hearing conducted under 22.08.050 and during the course of that hearing it is determined by the City Council that said partially destroyed building included a legal dwelling as defined by City zoning ordinance; and, if the City Council finds during said hearing that the property owner of said partially destroyed building desires to repair and/or reconstruct the building; and, if the property owner is unable, after making reasonable efforts, to obtain the necessary financing for said repair and/or reconstruction and does not have his or her own financial resources to complete same; and, if the City Council determines that it would be both appropriate and desirable to repair and/or restore said dwelling, then under such conditions the City Council may:
A.
Determine that a financial hardship exists;
B.
Determine that the restoration of the dwelling is consistent with the City's housing plans, programs, and priorities thereof;
C.
Authorize the appropriate City department, advisory committee, commission, or authority to process an appropriate application for financial assistance from any source of funds then available to the City or to any resident of the City, for the purpose of repair and/or reconstruction of said dwelling;
(Ord. 4032, 1979)
§ 22.08.080 Duties of Public Works Director.
The Public Works Director shall, after completion of the hearing and approval of the findings by the City Council that the building is a partially destroyed building, and after the failure of property owner to remove, repair or reconstruct the partially destroyed building within the prescribed time as set forth in the order, obtain the necessary services by contract or by using City forces to carry out the removal of the partially destroyed building as directed by City Council. A record shall be kept of all costs incurred by the City including time spent for the preparation of plans and the supervision of the work to carry out the removal of the building as a partially destroyed building. Upon completion of said efforts, the Public Works Director shall file a report with the City Council as to the costs incurred. The property owner shall be provided a copy of said report, notice of a hearing before the City Council, and an opportunity to appear before the City Council to be heard regarding the reasonableness of the costs incurred by the City.
(Ord. 4032, 1979)
§ 22.08.090 Costs to be Borne by Property Owner.
Upon completion of the hearing before the City Council as to the reasonableness of the costs, the City Council shall determine the reasonable costs incurred by the City to remove the partially destroyed building and the property owner shall be advised of said amount which shall be due and payable to the City. Upon request of the property owner, the City may agree to a mutually acceptable payment schedule.
(Ord. 4032, 1979)
§ 22.08.100 Lien.
In the event the amount determined to be due and payable to the City is not paid within 30 days after the determination by the City Council or as otherwise agreed, said amount shall become a charge against the property involved. The City Administrator shall thereafter cause the amount of said charge to be recorded on the assessment roll as an assessment against the property and thereafter said assessment shall constitute a special assessment and lien against and upon the property. Any portion of said assessment remaining unpaid after the due date for payment thereof shall be subject to the penalties and proceedings then in effect for property taxes due within the City of Santa Barbara.
(Ord. 4032, 1979)
§ 22.08.110 Interest Charges.
The City shall be entitled to interest at the rate applicable for unpaid taxes on all costs incurred by the City as determined pursuant to Section 22.08.090.
(Ord. 4032, 1979)
§ 22.09.010 Building Safety Assessment Placard System.
The City of Santa Barbara hereby establishes a building safety assessment placard system for the purpose of notifying the public of the condition of inspected buildings and structures and to inform the public of any conditions or limitations placed on the entry into or continued occupancy of inspected buildings or structures. The Chief Building Official shall administer the building safety assessment placard system. The provisions of this chapter are applicable to all buildings and structures regulated by the City of Santa Barbara.
(Ord. 5495, 2009)
§ 22.09.020 Definitions.
For purposes of this chapter, the following terms and phrases are defined as follows:
The Building and Safety Division of the Community Development Department of the City of Santa Barbara.
The Chief Building Official of the City of Santa Barbara or his or her authorized representative.
A form established by the Chief Building Official that announces the condition of a building or structure and informs persons of any applicable conditions or limitations on the entry into or continued occupancy of the building or structure.
A visual, non-destructive examination of a building or structure for the purpose of determining the condition of the building or structure and establishing appropriate conditions or limitations on the entry into or continued occupancy of the building or structure.
(Ord. 5495, 2009)
§ 22.09.030 Placards.
The Chief Building Official shall develop and maintain building safety assessment placard forms. Each placard form shall include a reference to this chapter, the City Seal, and the address and phone number of the Building and Safety Division.
(Ord. 5495, 2009)
§ 22.09.040 Standards.
Subject to the discretion of the Chief Building Official to respond to individual circumstances, the building safety assessment placards should fall within the following general categories and should be used in the following circumstances:
A.
Inspected - lawful occupancy permitted. This placard is posted on a building or structure when the Chief Building Official has determined, following a safety assessment, the building or structure has no apparent structural hazards. This placard does not necessarily mean that there is no damage to the building or structure.
B.
Restricted use. This placard is posted on a building or structure when the Chief Building Official has determined, following a safety assessment, the building or structure is damaged and entry into or continued occupancy of the building or structure must be conditioned or limited in order to protect the safety of the public and the occupants. The placard will note in general terms the type of damage observed during the safety assessment and will specify the conditions or limitations on entry into or continued occupancy of the building or structure.
C.
Unsafe - do not enter or occupy. This placard is posted on a building or structure when the Chief Building Official has determined, following a safety assessment, the building or structure has been damaged to such a degree that entry into or continued occupancy of the building or structure poses a threat to life and safety. Buildings or structures posted with this placard shall not be entered under any circumstance, except as authorized in writing by the Chief Building Official. Safety assessment teams working under the authority of the Chief Building Official are authorized to enter these buildings or structures at any time. The placard will note in general terms the type of damage observed during the safety assessment. This placard is a not demolition order. If the Chief Building Official determines a building or structure must be demolished in order to protect public safety, a separate demolition order shall be issued.
(Ord. 5495, 2009)
§ 22.09.050 Posting of Placards.
A.
Lawful occupancy permitted. Upon completion of a safety assessment during which the Chief Building Official determines that the building or structure has no apparent structural hazard, the Chief Building Official may post an INSPECTED - LAWFUL OCCUPANCY PERMITTED placard at each entry point into the building or structure.
B.
Restricted or unsafe. Upon completion of a safety assessment during which the Chief Building Official determines the building or structure has been damaged to a degree that public safety requires restrictions on, or prohibitions against, the entry into or continued occupancy of the building or structure, the Chief Building Official shall post the appropriate placard from the categories specified in subsection B or C of Section 22.09.040 at each entry point into the building or structure. Once a placard is attached to, or posted at, a building or structure, the placard shall not be removed, altered, or covered except by, or at the direction of, the Chief Building Official.
(Ord. 5495, 2009)
§ 22.09.060 Unlawful to Alter or Remove Placard.
It is unlawful for any person to alter, remove, cover, or deface a placard except as authorized by the Chief Building Official.
(Ord. 5495, 2009)
§ 22.09.070 Unlawful to Violate Placard Conditions.
A.
It is unlawful for any person to enter or continue to occupy any building or structure in violation of any condition or limitation specified on any placard affixed to, or posted at, a building or structure pursuant to this chapter.
B.
It is unlawful for any person to knowingly enter or continue to occupy any building or structure in violation of any condition or limitation placed on such entry or occupancy by the Chief Building Official, whether or not a placard remains affixed to, or posted at, the building or structure.
(Ord. 5495, 2009)
§ 22.10.010 Title.
This chapter shall be known and referred to as the Vegetation Removal Ordinance of the City of Santa Barbara.
(Ord. 3808 §1, 1975)
§ 22.10.020 Purpose.
The purpose of this chapter is to control the removal of vegetation from hillside areas of the City of Santa Barbara and areas designated as open space in the Open Space Element of the General Plan in order to prevent erosion damage, reservoir siltation, denuding, flood hazards, soil loss, and other dangers created by or increased by improper clearing activities; and to establish the administrative procedure for issuance of permits for vegetation removal.
(Ord. 3808 §1, 1975; Ord. 4043, 1980)
§ 22.10.030 Definitions.
For the purposes of this chapter, the following words shall have the meanings set forth herein unless the context requires a different meaning:
means a parcel or a portion of a parcel which is within the Hillside Design District as defined in Section 22.68.060 of this code.
means any individual, firm, partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular number.
means any lot or parcel of land or contiguous combination thereof under the same ownership, or portion of any lot or parcel, where vegetation removal is performed or permitted.
means introduced or native plants, shrubs, trees, grasses, and roots thereof.
(Ord. 3808 §1, 1975; Ord. 4878, 1994; Ord. 5416, 2007)
§ 22.10.040 Permit Required - Exceptions.
No person may permit, cause to have done or perform vegetation removal on any site in the Hillside Design District, as defined in Section 22.10.030 contrary to the terms of or without first having obtained a permit from the Division of Land Use Controls; except that a permit is not required for the following:
A.
Harvesting of crops, fruit or nut trees.
B.
Removal or destruction of vegetation on a site on which the total area of native vegetation removal is less than 1,000 square feet within a period of one year, and not exceeding 3,000 square feet in any five-year period, if such removal or destruction of vegetation is deemed appropriate, taking into account potential siltation or pesticide contamination of creeks, drainages or water supply reservoirs, by the Chief of Building and Zoning. Removal or destruction of non-native vegetation on a site on which the total area of non-native vegetation removal is less than 2,000 square feet within a period of one year, and not exceeding 6,000 square feet in any five year period, if such removal or destruction of vegetation is deemed appropriate, taking into account potential siltation or pesticide contamination of creeks, drainages or water supply reservoirs, by the Chief of Building and Zoning. Removal or destruction of native or non-native vegetation will not be subject to a Vegetation Removal Permit if the Applicant can show that the average slope of the removal site and access to the removal site is less than 20%.
C.
The removal or destruction of vegetation performed, caused to be performed, required to be performed, or approved by a fire prevention agency having jurisdiction including but not limited to weed abatement, clearance around a building or structure, fuel breaks, fire breaks and controlled burns, except that when new construction is proposed in the Hillside Design District and clearance will be required around the new construction under the California Fire Code, a Vegetation Removal Permit shall be required unless the applicant can show that the vegetation removal meets the exception set forth in subsection B above.
D.
The removal or destruction of vegetation by public utilities on existing rights-of-way or property owned by such utility or existing access rights-of-way to such utility rights-of-way or property.
E.
The removal or destruction of vegetation by public agencies on publicly owned property or rights-of-way for trails, roads, highways, streets, flood control projects or other similar or related public uses.
F.
The removal or destruction of vegetation in connection with work performed under a valid grading permit issued pursuant to the provisions of this title when the work includes precautionary measures to control erosion and flood hazards during the prosecution of such work as well as upon completion thereof and all conditions set forth in Section 22.10.060 of this chapter have been met.
(Ord. 3808 §1, 1975; Ord. 4043, 1980; Ord. 4878, 1994)
§ 22.10.050 Application.
Prior to the removal or destruction of vegetation covered by this chapter, the owner or person in control of a site, or the agent of either one, shall submit a written application on forms prescribed and provided by the Division of Land Use Controls of the City of Santa Barbara, properly filled in. Said forms when completed shall at a minimum describe the proposed location, method, purpose, and duration of the vegetation removal and the anticipated impact on flood hazards, erosion, soil loss, reservoir siltation, sedimentation and water quality. No application shall be considered complete until the data requested by the application form is submitted to the Division of Land Use Controls, and an Environmental Assessment, if required, has been completed.
(Ord. 3808 §1, 1975; Ord. 4043, 1980)
§ 22.10.055 Fees.
Application and permit fees shall be established by resolution of the City Council. There shall be a fee for filing of an application which is intended to cover the costs of processing the application and is not refundable. In addition, there shall be a separate fee for the permit that is issued. Any person who shall commence work for which a permit is required under this chapter without first having obtained a required permit, shall, if subsequently permitted to obtain a permit, pay fees in the amount of five times the required fees as established by resolution.
(Ord. 4043, 1980)
§ 22.10.060 Approval - Conditions.
The Division of Land Use Controls shall issue a permit approving the proposed vegetation removal when satisfied that the performance of the work will not be likely to create new or increase existing flood, erosion, soil loss, reservoir siltation, sedimentation or water quality hazards, and the proposed work conforms with the requirements of all applicable laws and rules and regulations adopted pursuant thereto. No such permit shall be issued unless it has been approved by the Architectural Board of Review or the Historic Landmarks Commission if it is in a Landmarks District.
A.
The Community Development Department may impose such conditions on the issuance of a permit as are deemed reasonably necessary to avoid creating new or increasing existing flood, erosion, soil loss, reservoir siltation, sedimentation or water quality hazards. These conditions may include, but shall not be limited to, the following:
1.
A requirement that certain protective structures or devices be installed in or adjacent to drainage courses to control downstream transportation of silt or debris;
2.
The methods to be used in the removal or destruction of vegetation and the sequence of such operations;
3.
A requirement that portions of the area cleared which are not necessary for prompt use for crops or trees be planted with approved grasses or other plants to provide protection against erosion damage.
B.
Each permit issued shall contain the following conditions:
1.
Vegetation removal shall be prohibited from November 1st to April 15th of any year unless effective and specific erosion control measures approved by the Division of Land Use Controls are in place.
2.
Removal of any native vegetation in the 100-year flood zone of any creek or drainage shall be prohibited except as required for flood control purposes or to restore native habitat.
3.
Soil Suitability. Site specific agricultural soil tests shall be required on all very low suitability land planned for orchard crop production in order to determine the viability of that land for such crops prior to the issuance of any land use permits as set forth in Administrative Guidelines approved by resolution of City Council. Agricultural use shall not be allowed on land with non-viable soils including soils that are shown to have a very high erosion hazard potential or which qualify as Class VIII soils as defined by the United States Department of Agriculture Soil Conservation Service.
4.
Avocado Root Rot. Where a property is or is proposed to be planted with avocados in an area which is shown to have a very high root rot hazard, a three-to six-foot fence, wall or other suitable barrier shall be installed in order to prevent the spread of Avocado Root Rot.
5.
Minimization of Soil Erosion. A mixture of Blando Brome and Zorro Fescue shall be seeded in all cleared orchard areas between October 1 and November 15. Seeds shall be hand broadcast at a rate of eight pounds per acre and shall be covered by one-half to one inch of soil. Mowing shall occur after the seeded grass has matured in the Spring in order to allow for continued perpetuation.
6.
Oak Tree Removal. Any oak tree with a minimum trunk diameter of four inches measured four feet from the base of the trunk removed shall be replaced by five oak trees of the same species elsewhere on the lot. Replaced oak trees shall be effectively maintained.
7.
Habitat Protection. Removal of any native vegetation in the 100 year flood zone of any creek or drainage is prohibited, except as required for flood control purposes. In addition, vegetation removal shall be prohibited in any area that is determined to be a Southern Oak Woodland, Riparian or Bunchgrass habitat by a qualified biologist.
8.
Land clearing that involves noise generation greater than 60 dB(A) at the property line adjacent to any school or other educational facility shall not occur during hours when classes are in session.
(Ord. 3808 §1, 1975; Ord. 4043, 1980; Ord. 4878, 1994)
§ 22.10.090 Severability.
If any portion of this chapter or the application thereof to any person or circumstance is held invalid, the remainder of this chapter and the application thereof to other persons or circumstances shall not be affected thereby.
(Ord. 3808 §1, 1975)
§ 22.11.010 General Provisions.
The provisions of this chapter shall apply as follows:
A.
Scope of application. The provisions of this chapter shall apply to the following lots within the City:
1.
Any lot developed with a nonresidential or multi-unit residential use; or
2.
Any lot developed solely with a single unit residence or a two-unit residence, where the conditions of approval for the development on the lot require the installation and maintenance of trees or landscaping in accordance with an approved landscape plan.
B.
Relationship to city tree preservation ordinance. If a tree is protected under both Chapter 15.24 and this chapter, the alteration or removal of such a tree shall be processed and regulated in accordance with the provisions of Chapter 15.24. Otherwise, any tree shown on an approved landscape plan for a lot subject to this chapter shall be maintained in accordance with the approved landscape plan and the provisions of this chapter.
(Ord. 5505, 2009; Ord. 5798, 2017)
§ 22.11.020 Definitions.
As used in this chapter, the following terms shall have the indicated meanings:
An alteration shall include, but not be limited to, the addition, placement, replacement, cutting, or removal of trees, plants, or other improvements on an approved landscape (excluding the replacement of trees, plants, or other improvements with trees, plants, or other improvements of substantially similar design, character, and coverage at maturity).
Any approved plan on record with the City that shows landscaping or tree improvements on the lot.
Maintenance of an approved landscape plan consists of all of the following:
Regular watering, pruning, fertilizing, and clearing of debris and weeds in a manner that promotes and maintains the health and natural growing conditions of the trees and plants shown to remain or to be installed on the approved landscape plan.
Timely and regular removal of dead trees or plants shown to remain or to be installed on the approved landscape plan and the immediate replacement of such dead trees or plants with new trees or plants of substantially similar design, character, and coverage at maturity as the trees or plants shown to remain or to be installed on the approved landscape plan. Removal of dead trees may require prior notice to and approval from the Parks and Recreation Director pursuant to Section 15.24.030.
Installation, maintenance, repair, and replacement (as necessary) of irrigation systems as specified on the approved landscape plan.
Compliance with any additional directions or specifications regarding the maintenance of trees and plants shown to remain or to be installed on the approved landscape plan and the irrigation systems indicated on an approved landscape plan for the lot.
(Ord. 5505, 2009)
§ 22.11.030 Maintenance Required.
It is unlawful for an owner of a lot subject to the provisions of this chapter to not maintain the trees, plants, irrigation system, and other improvements shown on an approved landscape plan in accordance with the approved landscape plan and the provisions of this chapter.
(Ord. 5505, 2009)
§ 22.11.040 No Alteration of Approved Landscape Plan Without a Permit.
It is unlawful for any person to alter or to authorize or allow the alteration of an approved landscape plan for a lot subject to the provisions of this chapter without the permit required pursuant to Section 22.11.050.
(Ord. 5505, 2009)
§ 22.11.050 Alterations to Approved Landscape Plans.
Alterations to approved landscape plans for lots subject to the provisions of this chapter are subject to the following regulations:
B.
Review and approval. An application for a permit to alter an approved landscape plan shall require prior approval from the Historic Landmarks Commission, the Architectural Board of Review, or the Single Family Design Board, depending upon which body approved the landscape plan or which body is responsible for reviewing the development on the lot.
C.
Significant alteration or removal of trees. Any significant alteration or removal of a tree shown on an approved landscape plan for a lot subject to this chapter shall require compliance with Chapter 15.24 of this code. For purposes of this subsection C, the significant alteration or removal of a tree is defined as specified in Section 15.24.020 of this code.
D.
Exceptions.
1.
Notwithstanding subsection A of this section, a permit is not required for minor alterations as specified in the administrative procedures for the Historic Landmarks Commission, the Architectural Board of Review, or the Single Family Design Board, as approved by a resolution of the City Council. Minor alterations to approved landscape plans may be approved as a ministerial action by the Community Development Director (or the Director's designee) without review by the Historic Landmarks Commission, the Architectural Board of Review, or the Single Family Design Board. The Community Development Director or the Director's designee shall have the authority and discretion to refer any minor alteration to the Historic Landmarks Commission, the Architectural Board of Review, or the Single Family Design Board if, in the opinion of the Community Development Director, the alteration has the potential to have an adverse effect on the integrity of the landscape plan.
2.
Any alteration to an approved landscape plan for a lot located within El Pueblo Viejo Landmark District or the Brinkerhoff Avenue Landmark District shall be reviewed and approved pursuant to Section 22.22.130 of this code.
(Ord. 5505, 2009)
§ 22.12.001 Legislative Intent.
It is the intent of this section to provide for the preservation and protection of significant archaeological and paleontological resources found in the City of Santa Barbara.
§ 22.12.010 Applicability.
All new development in the City of Santa Barbara shall be designed and constructed wherever feasible to avoid destruction of archaeological and paleontological resources consistent with the standards outlined in Section 22.12.020, below.
§ 22.12.020 Standards.
A.
Known sites. Permits to perform grading determined through the Environmental Review process or indicated through records kept by the State of California, or the University of California, to be within an area of known or probable archaeological or paleontological significance may be conditioned in such a manner as to:
1.
Ensure the preservation or avoidance of the site, if feasible; or
2.
Minimize adverse impacts on the site; or
3.
Allow reasonable time for qualified professionals to perform archaeological or paleontological investigations at the site; or
4.
Preserve for posterity, in such other manner as may be necessary or appropriate in the public interest, the positive aspects of the archaeological or paleontological site involved.
B.
Unknown sites. Where a grading permit has been issued with respect to an area not known at the time of issuance to include archaeological or paleontological resources, and where it is subsequently learned, either by representatives of the City or by any persons doing development pursuant to a grading permit, that significant archaeological or paleontological resources may be encompassed within the area to be graded or being graded, all grading which has substantial potential to damage archaeological or paleontological resources shall cease and the grading permit deemed suspended to that extent. The finding of a site which may contain significant archaeological or paleontological resources shall be reported to the Chief of Building and Zoning, or the Public Works Director if a public project, and the Community Development Director within 72 hours from the time such archaeological or paleontological resources are found. The Chief of Building and Zoning, or the Public Works Director if a public project, upon receiving such a report, shall cause a preliminary investigation of the site to be made by qualified experts at the permittee's expense within five working days after the time such a report is received. If the preliminary investigation should confirm that the site does or may contain significant archaeological or paleontological resources, the grading permit shall be suspended for a period not to exceed 45 days after the date the finding of the resources was first reported to or learned by the City. During the period of suspension, and as promptly as reasonably possible, the Chief of Building and Zoning, or the Public Works Director if a public project, shall develop conditions to be included in the grading permit pursuant to the provisions of Section 22.12.020.A. When such conditions are developed and included in the grading permit, said permit shall be deemed reissued subject to such conditions, and the suspension shall be deemed terminated. In extraordinary circumstances, the suspension may be extended beyond 45 days if the Chief of Building and Zoning, or the Public Works Director if a public project, makes application to the City Council for such an extension and the Council shall approve extension of the suspension.
(Ord. 4174, 1982; Ord. 5136, 1999)
§ 22.14.010 Purpose and Intent.
A.
This chapter is adopted pursuant to the California Surface Mining and Reclamation Act of 1975 (Public Resources Code 2710 et seq.), hereinafter referred to as the State Act, and the California Administrative Code Regulations adopted pursuant thereto (14 Cal. Admin. Code §3500 et seq.), hereinafter referred to as the State Regulations.
B.
The City Council finds and declares that the extraction of minerals is essential to the continued economic well-being of the City and to the needs of society and the reclamation of mined lands is necessary to prevent or minimize adverse effects on the environment and to protect public health and safety.
C.
The City Council further finds that the reclamation of mined lands, as provided in this chapter, the State Act, and the State Regulations, will permit the continued mining of minerals and will provide for the protection and subsequent beneficial use of the mined and reclaimed land.
D.
The City Council further finds that surface mining takes place in diverse areas where the geologic, topographic, climatic, biological, and social conditions are significantly different and that reclamation operations and the specifications therefore, may vary accordingly.
E.
The City Council further finds that the purpose of the regulation of surface mining operations is to assure that:
1.
Adverse environmental effects are prevented or minimized and that mined lands are reclaimed to a usable condition which is readily adaptable for alternative land uses.
2.
The production and conservation of minerals are encouraged, while giving consideration to values relating to recreation, watershed, wildlife, and aesthetic enjoyment.
3.
Residual hazards to the public health and safety are eliminated.
(Ord. 4483, 1987)
§ 22.14.020 Definitions.
means the search for minerals by geological, geophysical, geochemical or other techniques, including, but not limited to, sampling, assaying, drilling, or any surface or underground works needed to determine the type, extent, or quantity of materials present.
includes the surface, subsurface, and groundwater of an area in which surface mining operations will be, are being or have been conducted, including private ways and roads appurtenant to any such area, land excavations, workings, mining waste, and areas in which structures, facilities, equipment, machines, tools or other materials or property which results from, or is used in, surface mining operations are located.
include any naturally occurring chemical element or compound, or groups, elements or compounds, formed from inorganic processes and organic substances, including, but not limited to, coal, peat, and bituminous rock, but excluding geothermal resources, natural gas, and petroleum.
includes the residual of soil, rock, tailings, mineral, liquid, vegetation, equipment, machines, tools, or other materials or property directly resulting from, or displaced by, surface mining operations.
means any person who is engaged in surface mining operations, him or herself, or who contracts with others to conduct operations on his or her behalf.
includes soil, rock or other materials that lie above the natural mineral deposit or in between deposits, before or after their removal, by surface mining operations.
includes any formal authorization from or approval by, the City, the absence of which would preclude surface mining operations.
means any individual, firm, association, corporation, organization, or partnership, or any city, county, district, or the state or any department or agency thereof.
is the process of land treatment that minimizes water degradation, air pollution, damaged aquatic or wildlife habitat, flooding, erosion, and other adverse effect from surface mining operations, including adverse surface effects, incidental to underground mines, so that mined lands are reclaimed to a usable condition which is readily adaptable for alternate land uses and creates no danger to public health or safety. The process may extend to affected lands surrounding mined lands, and may require backfilling, grading, resoiling, revegetation, soil compaction, stabilization or other measures.
means the State Mining and Geology Board, and the Department of Conservation, State of California.
is the individual holding office as structured in Section 677 of Article 3, Chapter 2 of Division 1 of the Public Resources Code.
are all or any part of the process involved in the mining of minerals on mined lands by removing overburden and mining directly from the mineral deposits, open pit mining of minerals naturally exposed, mining by the auger method, dredging and quarrying, or surface work incidental to an underground mine. Surface mining operations shall include but are not limited to, in-place distillation, retorting or leaching; the production and disposal of mineral wastes; prospecting and exploratory activities.
(Ord. 4483, 1987)
§ 22.14.030 Incorporation of State Act and Regulations.
The provision of the California Surface Mining and Reclamation Act of 1975 (Public Resources Code Sections 2710 through 2793) and the California Administrative Code Regulations implementing the Act (14 Cal. Admin. Code Sections 3500 through 3508), as either may be amended from time to time, are made part of this section by reference, as if fully set forth herein.
(Ord. 4483, 1987)
§ 22.14.040 Scope.
The provisions of this chapter shall apply to the incorporated areas of the City of Santa Barbara and all lands owned by the City outside the corporate limits, except as follows:
A.
Excavations or grading conducted for farming or on-site construction or for the purpose of restoring land following a flood or natural disaster.
B.
Prospecting and exploration for minerals of commercial value where less than 1000 cubic yards of overburden is removed in any one location of one acre or less.
C.
Any surface mining operation that does not involve either the removal of a total of more than 1,000 cubic yards of minerals, ores, and overburden, or involve more than one acre in any location.
D.
Surface mining operations that are required by federal law in order to protect a mining claim, if such operations are conducted solely for that purpose.
E.
Such other mining operations that the City determines to be of an infrequent nature, and which involve only minor surface disturbances and are categorically identified by the State Board, pursuant to Sections 2714(d) and 2758(c) of the California Surface and Mining Reclamation Act of 1975.
(Ord. 4483, 1987)
§ 22.14.050 Permit and Reclamation Plan Requirements.
A.
Unless exempt by provisions of the State Act or State Regulations, any person who proposes to engage in surface mining operations, as defined in this chapter, shall, prior to the commencement of such operations, obtain (1) a permit to mine and (2) approval of a reclamation plan in accordance with the provisions set forth in this chapter, the State Act and the State Regulations.
An application for a permit or for approval of a reclamation plan for surface mining operations shall be made on forms provided by the Community Development Department.
B.
A person who has obtained a vested right to conduct a surface mining operation prior to January 1, 1976, shall not be required to secure a permit pursuant to the provisions of this chapter, as long as such vested right continues, provided that no substantial change is made in that operation except in accordance with the provisions of this chapter. A person shall be deemed to have such vested rights if, prior to January 1, 1976, he or she has in good faith and in reliance upon a permit or other authorization, if such permit or such other authorization was required, diligently commenced surface mining operations and incurred substantial liabilities for work and materials necessary therefore. Expenses incurred in obtaining the enactment of an ordinance in relation to a particular operation or the issuance of a permit shall not be deemed liabilities for work or materials.
A person who claims to have obtained a vested right to conduct surface mining operations prior to January 1, 1976 shall submit to the Community Development Department not later than March 31, 1988, an application for approval of a reclamation plan for operations to be conducted after January 1, 1976, unless (1) a reclamation plan was approved by the County of Santa Barbara prior to January 1, 1976, and (2) the person submitting that plan has accepted responsibility for reclaiming the mined lands in accordance with that Plan. No provision of this chapter shall be construed to require the filing of a reclamation plan or, the reclamation of mined lands, on which surface mining operations were conducted prior to, but not after January 1, 1976.
C.
The Community Development Director shall notify the State Geologist of the filing of all permit applications within 30 days of receipt of the completed application.
D.
This chapter shall be periodically reviewed and revised, as necessary, in order to insure that it is in accordance with the State policy for mined lands and reclamation.
(Ord. 4483, 1987)
§ 22.14.060 Review Procedures.
The Community Development Department shall forward the completed application to the Environmental Analyst for environmental review. Following completion of the environmental review process, the Community Development Director shall schedule a public hearing before the Planning Commission for the purpose of consideration of the issuance of a conditional use permit for the proposed surface mining operation.
(Ord. 4483, 1987)
§ 22.14.070 Performance Bond.
On a finding by the Planning Commission that a supplemental guarantee for the reclamation of the mined land is necessary, and upon a determination by the Community Development Department of the cost of the reclamation of the mined land according to the reclamation plan, a surety bond, lien, or other security guarantee, conditioned upon the faithful performance of the reclamation plan, shall be filed with the Community Development Department. Such surety shall be executed in favor of the City of Santa Barbara and shall be reviewed and revised as necessary, biannually. Such surety shall be maintained in an amount equal to the cost of completing the remaining reclamation of the site as prescribed in the approved or amended reclamation plan during the succeeding two year period or other reasonable term.
(Ord. 4483, 1987)
§ 22.14.080 Public Records.
Any reclamation plan, report, application, and other document pursuant to this chapter is a public record unless it can be demonstrated to the satisfaction of the City that the release of such information or part thereof, would reveal production, reserves, or rate of depletion entitled to protection as proprietary information. The City shall identify such proprietary information as a separate part of each application. A copy of all permits, reclamation plans, reports, applications and other documents submitted pursuant to this chapter, including proprietary information, shall be furnished to the district geologist of the State Division of Mines and Geology by the City of Santa Barbara. Proprietary information shall be made available to persons other than the state geologist only when authorized by the mine operator and by the mine owner, in accordance with Section 2778, California Surface and Reclamation Act of 1975.
(Ord. 4483, 1987)
§ 22.14.090 Periodic Review.
As a condition of approval for the permit or the reclamation plan or both, a schedule for periodic inspections of the site shall be established to evaluate continuing compliance with the permit and the reclamation plan.
(Ord. 4483, 1987)
§ 22.14.100 Amendments.
A.
A proposed amendment to an approved reclamation plan may be submitted to the City at any time, detailing proposed changes from the original plan. Deviation from the original plan shall not be undertaken until such amendment has been filed with, and approved by, the City.
B.
An amendment to an approved reclamation plan shall be approved in the same procedure as is prescribed for approval of the reclamation plan.
C.
Variations in approved reclamation plans may be allowed upon request of the operator or applicant upon a finding by the Planning Commission that each such requested variation is necessary to achieve the prescribed or higher post-mining use of the reclaimed land.
(Ord. 4483, 1987)
§ 22.14.110 Enforcement.
It shall be the duty of the Community Development Director to enforce this chapter. Any person who violates the provisions of this chapter shall be subject to the penalties described in Chapter 1.28 of the Santa Barbara Municipal Code.
(Ord. 4483, 1987)
§ 22.14.120 Appeals.
Any person aggrieved by an act or determination of the Planning Commission in the exercise of the authority granted herein shall have the right to appeal to the City Council pursuant to the provisions of Section 1.30.050 of this code.
(Ord. 4483, 1987; Ord. 5136, 1999)
§ 22.18.010 Scope.
This chapter shall apply to all buildings identified by street address within the "City of Santa Barbara Survey of Potentially Hazardous Buildings" completed in 1988 ("Survey"). The Chapter shall also apply to any other building which utilizes unreinforced masonry bearing walls as an element of construction and for which construction began prior to the City's adoption on July 24, 1947 of the 1946 Edition of the California Building Code as adopted and amended by the City. This chapter does not apply to (i) single family residences, duplexes, or buildings containing less than five dwelling units and used exclusively for residential purposes, and (ii) buildings owned and occupied by federal, state or county governments.
(Ord. 4586, 1989; Ord. 4984, 1996; Ord. 5451, 2008)
§ 22.18.020 Definitions.
A wall with a total superimposed load in excess of 100 pounds per linear foot, or an infill wall that will experience lateral forces as a result of the inability of other lateral load resisting framing elements to resist the lateral forces specified in Appendix Chapter One of the Uniform Code for Building Conservation.
A document adopted by resolution of City Council that subdivides the City of Santa Barbara into five districts, and includes a schedule identifying, by district, deadlines for permit approval and for completion of construction.
Any potentially Hazardous Building having an occupant load in excess of 100 persons, as determined by California Building Code, as adopted and amended by the City, Section 1002.1, except (1) a building having exterior walls braced with masonry or wood frame crosswalls of at least full story height, with a minimum length of one and one-half times the story height, spaced less than 40 feet apart in each story; or (2) a building occupied less than 20 hours per week. Any building meeting one of these exception criteria shall be classified as a Moderate Risk Building.
Any potentially Hazardous Building not classified as a High Risk Building.
A notice to be mailed by the Chief of Building and Safety to the owner of every structure identified within the Survey, specifying the degree of risk represented by that structure.
A building for which construction began prior to the City's adoption on July 24, 1947 of the 1946 Edition of the California Building Code, as adopted and amended by the City, and which is constructed of unreinforced masonry bearing wall construction.
The date a notice is posted by the United States Postal Service, as evidenced by certified mail receipt, to a building owner at the address most recently indicated by the roles of the County Tax Assessor.
A model code published by the International Conference of Building Officials, incorporated by reference in Section 22.04.010 of this title.
Part 8 of Title 24 of the California Code of Regulations.
A code applying exclusively to existing buildings and published by the International Conference of Building Officials, the Second Printing (copyright 1987) portions of which have been amended by local ordinance and incorporated by reference in Section 22.04.010 of this title.
(Ord. 4586, 1989; Ord. 4984, 1996; Ord. 5451, 2008)
§ 22.18.030 General Requirements.
Each Potentially Hazardous Building shall be designated as either a High or Moderate Risk Building and shall be included on a list of such structures maintained by the Chief of Building and Safety. The owners of each structure listed in the Survey shall be served a Notice of Building Classification and a District Mitigation Schedule.
A.
Permits and construction. Unless otherwise excepted, each Potentially Hazardous Building shall meet all of the requirements outlined in Appendix Chapter One of the Uniform Code for Building Conservation as amended by local ordinance. Where the scope of work proposed by the owner of a Potentially Hazardous Building, including demolition and replacement of an existing building or structure pursuant to Section 28.87.045 or Section 30.165.080, is limited to compliance with this chapter, the requirements for permit approval shall be exclusively those outlined within this chapter. Minor exterior work, such as parapet bracing or wall anchor plate installation on buildings located within El Pueblo Viejo Landmark District or another landmark district or on a building that is a designated Landmark, shall be subject to review by the Community Development Director or designee in accordance with guidelines approved by the Historic Landmarks Commission. Such minor exterior work on buildings outside of landmark districts shall be subject to review by the Community Development Director or designee in accordance with guidelines approved by the Architectural Board of Review. Other exterior work will be subject to full Historic Landmarks Commission or Architectural Board of Review approval, as applicable. Nothing in this chapter shall be construed so as to prohibit additions to buildings as permitted under Municipal Code Chapter 28.85 or Chapter 30.170.
B.
Time limits. All time limits shall be as outlined in the District Mitigation Schedule established by resolution of the City Council.
C.
Exceptions. Two categories of buildings are excepted from this general requirement as provided below:
1.
Moderate risk buildings which may utilize alternative compliance measures provided by Appendix Chapter One of the Uniform Code for Building Conservation in accordance with Table No. A1-E as amended by local ordinance and adopted by reference in Chapter 22.04 of this code; and
2.
Historical buildings listed in the 1987 Cultural Resources Section of the City's Master Environmental Assessment, and Landmarks and Structures of Merit designated pursuant to Chapter 22.22 of this title which may utilize the alternative compliance measures outlined in paragraph 1 above or those described in Chapter 8-5 "Alternative Structural Regulations" of the California Historical Building Code. Application of alternative compliance measures for High Risk Historic Buildings shall be evaluated on a case-by-case basis in accordance with the required findings of reasonable safety contained in the California Historical Building Code.
(Ord. 4586, 1989; Ord. 4847, 1994; Ord. 4984, 1996; Ord. 5451, 2008; Ord. 5609, 2013; Ord. 5798, 2017)
§ 22.18.040 Appeals.
Property owners appealing the determination that their building is potentially hazardous must do so in writing to the Building and Fire Code Board of Appeals ("Board") in accordance with Section 204 of the Uniform Administrative Code. An appeal shall be filed with the City Clerk within 180 days of the service date for the Notice of Building Classification. Each appeal request shall be accompanied by a fee in an amount set by resolution of the City Council and shall include verification that (1) construction began after July 24, 1947; (2) materials used were other than unreinforced masonry; or (3) the building is in compliance with requirements outlined in Sections A106 through A108 of the Uniform Code for Building Conservation, as demonstrated by a complete structural analysis in accordance with those sections. The Chief of Building and Safety shall review all materials used in support of the appeal prior to scheduling the appeal and may reclassify such buildings based upon the information submitted. All decisions and appeals shall be governed by standards and procedures established by the Community Development Director and all decisions of the Board shall be final.
(Ord. 4586, 1989; Ord. 4984, 1996)
§ 22.18.050 Enforcement.
Any person who fails to comply with the provisions of this chapter within the time limits established herein is guilty of a misdemeanor. Each 30 day period of continued failure to comply shall constitute a separate offense. In the alternative, the Chief of Building and Safety may elect to invoke the provisions of the Uniform Code for the Abatement of Dangerous Buildings.
(Ord. 4586, 1989; Ord. 4984, 1996)
§ 22.18.060 Administration.
The Chief of Building and Safety may promulgate administrative rules and policies for the administration of this chapter.
(Ord. 4586, 1989; Ord. 4984, 1996)
§ 22.21.010 Encroachments into Public Roads, Streets, Alleys and Rights-of-Way Declared a Nuisance.
A.
Encroachments in, on, under, or interfering with the use or improvement of any public road, street, alley, storm drain, sewer or waterline easement, or other public property or right-of-way which are not removed within 30 days following demand by the City Public Works Director or City Engineer may be declared to be a public nuisance by resolution of the City Council.
B.
Any obstruction to the use or improvement of any public road, street, alley, sewer or water easement, or other public property or right-of-way may be declared to be a public nuisance by resolution of the City Council.
C.
A condition declared to be a public nuisance by resolution of the City Council may be abated at the joint and several expense of:
1.
The person or persons who placed, installed, or constructed such encroachment or obstruction;
2.
The person or persons for whose benefit such encroachment or obstruction was placed, installed or constructed; and,
3.
The present owner(s) of the land or premises for the benefit of which the encroachment or obstruction was placed, installed or constructed.
(Ord. 4831, 1993)
§ 22.21.020 Description of Property in Resolution Declaring Nuisance.
The resolution adopted pursuant to Section 22.21.010 shall describe the property upon which the nuisance exists, or the property for the benefit of which such nuisance was placed, installed, or constructed by reference to the latest County Tax Assessor's records available to the public, and no other description of the property shall be required. In lieu thereof, reference may be made to the parcel or lot and block number of the property according to the official map or other records.
(Ord. 4831, 1993)
§ 22.21.030 Resolution May Cover Several Parcels.
Any number of parcels of property may be included in one and the same resolution declaring the nuisance.
(Ord. 4831, 1993)
§ 22.21.040 Posting and Form of Notice to Abate.
After adoption of the resolution as provided by Sections 22.21.020 and 22.21.030, the Public Works Director, or City Engineer shall cause a notice to abate the nuisance to be mailed to the person responsible for the obstruction or encroachment, if known, and conspicuously posted on the property on which the nuisance exists, and on the property which was to benefit from the obstruction or encroachment, if reasonably identified. At least three such notices shall be placed on such property, near such nuisance, at intervals not more than 100 feet in distance apart. Such notice shall include the words: "Notice to Abate Nuisance" in letters not less than one inch in height, and shall be substantially in the following form:
NOTICE TO ABATE NUISANCE |
NOTICE IS HEREBY GIVEN, that on _________, 20_________, the Santa Barbara City Council adopted a resolution declaring that an obstruction or encroachment located within or extended into public property by _________, or installed for the benefit of property more particularly described in such resolution, constitutes a public nuisance which must be abated by removal, otherwise the obstruction or encroachment will be removed and the nuisance will be abated by order of the City in which case the cost of such removal, together with incidental expenses, shall be charged to such person or agency responsible and assessed upon the lots and lands for the benefit of which such installation was made, and such costs and incidental expenses will constitute a lien upon such lots or lands until paid. Reference is hereby made to such resolution for further particulars. |
All persons and all property owners having any objections to the proposed abatement are hereby notified to attend a meeting of the Santa Barbara City Council to be held on the _________ day of _________, 20_______, at the Council Chamber of the Santa Barbara City Hall, 735 Anacapa Street, Santa Barbara, California, when their objections will be heard and given due consideration. |
Dated: |
(Ord. 4831, 1993)
§ 22.21.050 Time for Posting Notice to Abate.
The notice provided in Section 22.21.040 shall be posted at least 10 days prior to the time stated therein for hearing objections by the City Council.
(Ord. 4831, 1993)
§ 22.21.060 Council to Hear Objections to Proposed Removal.
At the time stated in the notice posted pursuant to Sections 22.21.040 and 22.21.050, the Council shall hear and consider all objections or protests, if any, to the proposed abatement found by resolution to be a nuisance, and may continue the hearing from time to time. Upon the conclusion of the hearing the Council by motion or resolution shall allow or overrule any or all objections, whereupon the Council may perform the work of removal. The decision of the Council on the matter shall be final and conclusive.
(Ord. 4831, 1993)
§ 22.21.070 Order to Abate - Owner May Abate Before City Begins Work.
After final action has been taken by the Council under Section 22.21.060 on the disposition of any protests or objections, or in case no protests or objections have been received, the Council, by motion or resolution, may order the Public Works Director or City Engineer to abate the nuisance considered pursuant to this chapter by causing such nuisance to be removed and the premises restored to a lawful condition, suitable for public use and such officer, and the deputies, agents and employees of such officer are hereby expressly authorized to enter upon private property for that purpose. Any property owner, or other person responsible, shall have the right to have such nuisance abated at his or her own expense; providing abatement is accomplished prior to the arrival of the City officer or representatives prepared to do the same.
(Ord. 4831, 1993)
§ 22.21.080 Report of City's Expenses.
The City officer or deputy charged with such abatement shall keep an account of the costs, including the costs of printing and posting notices, of abating the nuisance as provided in this chapter. The City officer or deputy charged with such abatement shall render an itemized written report to the Council, identifying the parties known to be responsible, and showing the costs, apportioned to each separate lot or parcel of land as provided in this chapter. At least five days before such report is submitted to the Council for confirmation, a copy of the report, together with a notice of the time when such report shall be submitted to the Council for confirmation, shall be mailed to the address of the parties responsible, if their address is known, and posted with City Council meeting notices on the premises of City Hall.
(Ord. 4831, 1993)
§ 22.21.090 Hearing on and Confirmation of City's Costs - Costs to be Lien - Collecting Costs.
A.
At the time fixed for receiving and considering the report required by Section 22.21.080, the City Council shall hear the same, together with any objections which may be raised by any of the persons liable to be assessed for the work of abating the nuisance and thereupon make such modifications in the report as they deem necessary, after which, by motion or resolution, the report shall be confirmed. The amount of the cost for abating such nuisance shall be referred to the City Finance Director for collection and may be assessed against the various parcels of land referred to in the report and, as confirmed, shall constitute a lien on such property for the amount of such assessments, respectively.
B.
After confirmation of such report, a copy thereof shall, as determined by the Finance Director, be delivered to the County Assessor and to the County Tax Collector, whereupon it shall be the duty of such officers to add the amounts of the respective assessments to the next regular bills for taxes levied against the respective lots and parcels of land identified and thereafter such amounts shall be collected at the same time and in the same manner as ordinary property taxes are collected, and shall be subject to the same penalties and the same procedure for foreclosure and sale in case of delinquency as is provided for ordinary property taxes.
(Ord. 4831, 1993)
§ 22.21.100 Reservation of Police Powers.
Nothing in this chapter is intended to limit the ability of the City to respond as needed to remove a nuisance or other obstruction where required to maintain the public health, peace or safety, under provisions of Chapter 10.56 of this code, or as otherwise required in proper exercise of a police power. At the discretion of the Public Works Director or City Engineer any such obstruction, encroachment or other nuisance which has been placed, fallen, or is so positioned as to directly interfere which public use, obscure visibility, impede traffic, produce imminent hazard, or which is placed in violation of any law, shall be removed without the order, delay, notice, or accounting provided in this chapter. The Public Works Director is authorized to seek recovery for the costs of such removal from the party or parties responsible.
(Ord. 4831, 1993; Ord. 4861, 1994)
§ 22.24.001 Citation of Statutory Authorization.
The Legislature of the State of California has in Government Code Sections 65302, 65560, and 65800 conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the City of Santa Barbara does hereby adopt the following floodplain management regulations.
(Ord. 5807, 2017; Ord. 5832, 2018)
§ 22.24.010 Findings of Fact.
A.
In order for the City of Santa Barbara to participate in the National Flood Insurance Program (NFIP), it is required to adopt and enforce a local ordinance which meets the minimum requirements of Title 44 Code of Federal Regulations (CFR) Parts 59-78 as well as the State Building Standards Codes. The NFIP regulations, FEMA Publications and FEMA Technical Bulletins shall be used as guidance for the interpretation of this chapter.
B.
The flood hazard areas of the City of Santa Barbara are subject to periodic inundation which has resulted in loss of property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.
C.
These flood losses are caused by the cumulative effect of:
(Ord. 3972, 1978; Ord. 4522, 1988; Ord. 5807, 2017; Ord. 5832, 2018)
§ 22.24.020 Statement of Purpose.
It is the purpose of the chapter to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by legally enforceable regulations applied uniformly throughout the community to all publicly and privately owned land with flood prone, mudslide [i.e. mudflow] or flood related erosion areas. It is also the purpose of this chapter to ensure that the owners of buildings within a FEMA Special Flood Hazard Area can obtain flood insurance. These regulations are designed to:
A.
To protect human life and health;
B.
To minimize expenditure of public money for costly flood control projects;
C.
To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
D.
To minimize prolonged business interruptions;
E.
To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard;
F.
To help maintain a stable tax base by providing for the second use and development of areas of special flood hazard so as to minimize future flood blight areas;
G.
To insure that potential buyers are notified that property is in an area of special flood hazard; and
H.
To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.
(Ord. 3972, 1978; Ord. 4522, 1988; Ord. 5807, 2017; Ord. 5832, 2018)
§ 22.24.030 Methods of Reducing Flood Losses.
In order to accomplish its purposes, this chapter includes methods and provisions for:
A.
Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;
B.
Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
C.
Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters;
D.
Controlling filling, grading, dredging, and other development which may increase flood damage; and,
E.
Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas.
(Ord. 3972, 1978; Ord. 4522, 1988; Ord. 5807, 2017; Ord. 5832, 2018)
§ 22.24.040 Definitions.
Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application.
A flood having a 0.2% chance of being equaled or exceeded in any given year; or also referred to as the 0.2% annual-chance flood.
Any remodel, repair, replacement of elements, etc. to an existing building or non-substantial improvements.
A request for a review of the Floodplain Administrator's interpretation of any provision of this chapter or a request for a variance.
An area designated AO, AH, AR/AO, AR/AH or VO Zone on the Flood Insurance Rate Map (FIRM) with a one percent or greater annual change of flooding to an average depth of one to three feet, where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
American Society of Civil Engineers Flood Resistant Design and Construction Standards, currently 2014 edition, or later.
See SPECIAL FLOOD HAZARD AREA.
A flood having a one percent chance of being equaled or exceeded in any given year; or also referred to as the one percent annual chance flood.
The elevation of the Base Flood, including wave height, relative to the North American Vertical Datum (NAVD) or other datum specified on the Flood Insurance Rate Map (FIRM).
An area of a building having its floor subgrade (below ground level) on all sides.
Any type of wall, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material which (1) is not part of the structural support of the building; (2) is designed to break away under abnormally high tides or wave action without causing any damage to the structural integrity of the building or to any buildings to which they might be carried by floodwaters; (3) has a safe design loading resistance of not less than 10 and no more than 20 pounds per square foot; and (4) has been certified for use in the building by a registered professional engineer or architect and meets the following standards:
a. | Breakaway wall collapse will result from a water load less than that which would occur during the base flood; and |
b. | The elevated portion of the building will not incur any structural damage due to the effects of wind and water loads acting simultaneously in the event of the base flood. |
Buildings and structures that contain essential facilities and services necessary for emergency response and recovery, or that pose a substantial risk to the community at large in the event of failure, disruption of function, or damage by flooding. Facilities include:
Hospitals and health care facilities having surgery or emergency treatment facilities;
Fire, rescue, ambulance, and police stations and emergency vehicle garages;
Designated emergency shelters;
Designated emergency preparedness, communication, and operation centers and other facilities required for emergency response;
Power generating stations and other public utility facilities required in emergencies;
Critical aviation facilities such as control towers, air traffic control centers, and hangars for aircraft used in emergency response;
Ancillary structures such as communication towers, electrical substations, fuel or water storage tanks, or other structures necessary to allow continued functioning of a Flood Design Class 4 (ASCE-24) facility during and after an emergency; and
Buildings and other structures (including, but not limited to, facilities that manufacture, process, handle, store, use, or dispose of such substances as hazardous fuels, hazardous chemicals, or hazardous waste) containing sufficient quantities of highly toxic substances where the quantity of the material exceeds a threshold quantity established by the authority having jurisdiction and is sufficient to pose a threat to the public if released.
An area subject to high velocity wave action, including coastal and tidal inundation or tsunamis and designated on a Flood Insurance Rate Map (FIRM) as Zone V1-V30, Ve or V.
The replacement cost of the building reduced based on the age and condition. The County Assessor valuation of the building can be used or a licensed appraiser can be hired to make the determination based on Uniform Standards of Professional Practice. The Income Capitalization Approach is not acceptable for determining Depreciated Market Value because it is based on how the property is used and not the value of the structure alone.
An area of a community that is:
A primarily urbanized, built-up area that is a minimum of 20 contiguous acres, has basic urban infrastructure, including roads, utilities, communications, and public facilities, to sustain industrial, residential, and commercial activities, and
Within which 75% or more of the parcels, tracts, or lots contain commercial, industrial, or residential structures or uses; or
It is a single parcel, tract, or lot in which 75% of the area contains existing commercial or industrial structures or uses; or
It is a subdivision developed at a density of at least two residential structures per acre within which 75% or more of the lots contain existing residential structures at the time the designation is adopted.
Undeveloped parcels, tracts, or lots, the combination of which is less than 20 acres and contiguous on at least three sides to areas meeting the criteria of paragraph 1 of this definition at the time the designation is adopted.
A subdivision that is a minimum of 20 contiguous acres that has obtained all necessary government approvals, provided that the actual start of construction of structures has occurred on at least 10% of the lots or remaining lots of a subdivision or 10% of the maximum building coverage or remaining building coverage allowed for a single lot subdivision at the time the designation is adopted and construction of structures is underway. Residential subdivisions must meet the density criteria in paragraph 1.c of this definition.
Any man-made change to improved or unimproved real property, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.
For the purposes of determining rates, structures for which the start of construction commenced before December 15, 1975. Existing construction may also be referred to as existing structures.
Federal Emergency Management Agency.
Federal Insurance and Mitigation Administration (formerly Federal Insurance Administration).
A general and temporary condition of partial or complete inundation of normally dry land areas from:
The overflow of inland or tidal waters;
The unusual and rapid accumulation or runoff of surface waters from any source; or
Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in paragraph 1.b of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.
The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in paragraph 1.a of this definition.
The official map on which FEMA or FIMA has delineated both the areas of flood hazard and the floodway.
ASCE 24 establishes elevations of lowest floors, flood-resistant materials, equipment, floodproofing and freeboard for Flood Design Class 4: Buildings and structures that contain essential facilities and services necessary for emergency response and recovery, or that pose a substantial risk to the community at large in the event of failure. See CRITICAL FACILITY AND ESSENTIAL FACILITY definition above.
See SPECIAL FLOOD HAZARD AREA.
An official map on which FEMA or FIMA has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
An official report provided by FEMA or FIMA that includes flood profiles, the FIRM, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood.
Any land area susceptible to being inundated by water from any source (see definition of flooding).
is the community official designated by title to administer and enforce the floodplain management regulations. The Chief Building Official is appointed to administer and implement this chapter for the City of Santa Barbara.
The operation of an overall program of corrective and preventive measures for reducing flood damage, including, but not limited to, emergency preparedness plans, flood control works and floodplain management regulations.
Zoning ordinances, subdivision regulations, the California Building Code as adopted and amended by the City, health regulations, special purpose ordinances (such as floodplain ordinances, grading ordinances and erosion control ordinances) and other applications of police power. The term describes such federal, state or local regulations in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.
Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
A factor of safety usually expressed in feet above a flood level for purposes of floodplain management. Freeboard tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed.
A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.
The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
Any structure that is:
Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs. (FEMA Publication P-467-2).
The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor, provided, that such enclosure is not built so as to render the structure in violation of this chapter.
A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a recreational vehicle.
A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for sale or rent.
is an existing manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before December 15, 1978.
is the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
is a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after May 4, 1978.
NFIP
New construction is, for the purposes of determining insurance rates, structures for which the start of construction commenced on or after December 15, 1978 and includes any subsequent improvements to such structures. For floodplain management purposes, new construction means structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.
See Base Flood.
An individual, firm, partnership, association or corporation, or agent of the foregoing, or this state or its agencies or political subdivisions.
A vehicle which is:
Built on a single chassis;
400 square feet or less when measured at the largest horizontal projection;
Designed to be self-propelled or permanently towable by a light-duty truck; and
Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
A civil engineer licensed by the State of California. Civil engineers licensed prior to January 1, 1982, with a license number 33965 or before, are authorized to practice all land surveying. Civil engineers licensed after January 1, 1982, may only practice engineering surveying as defined in California Business and Professional Code 6731.1.
To bring a structure or other development into compliance with state or local floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance by various means, including, but not limited to, protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the ordinance or otherwise deterring future similar violations, or reducing federal financial exposure with regard to the structure or other development.
Relating to, formed by, or resembling a river (including tributaries), stream, or brook.
Naturally occurring accumulations of sand in ridges or mounds landward of the beach.
The land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. The area may be designated as Zone A on the FIRM. After detailed ratemaking has been completed in preparation for publication of the flood insurance rate map, Zone A usually is refined into Zones A, AO, AH, A1-30, AE, A99, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A, VO, or V1-30, VE, or V. For purposes of these regulations, the term "special flood hazard area" is synonymous in meaning with the phrase area of special flood hazard.
"Start of construction" (for other than new construction or substantial improvements under the Coastal Barrier Resources Act (Pub. L. 97348)), includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation pursuant to a valid building permit. Permanent construction does not include land preparation, such as clearing, grading, and filling, nor does it include the installation of streets or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not as part of the main structure.
A walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home.
Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the depreciated market value of the structure before the damage occurred.
Any repair, reconstruction, addition or improvement of a structure within any 24-month period, the cost of which equals or exceeds 50% of the depreciated market value of the structure either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either:
Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions or;
Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure.
A grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter.
The failure of a structure or other development to be in full compliance with this chapter. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this chapter is presumed to be in violation until that documentation is provided.
(Ord. 3972, 1978; Ord. 4522, 1988; Ord. 5807, 2017; Ord. 5832, 2018)
§ 22.24.050 Lands to Which This Chapter Applies.
This chapter shall apply to all areas of special flood hazards within the City of Santa Barbara.
(Ord. 3972, 1978; Ord. 4522, 1988; Ord. 5807, 2017; Ord. 5832, 2018)
§ 22.24.060 Basis for Establishing the Areas of Special Flood Hazard.
"The Flood Insurance Study for The City of Santa Barbara," dated December 15, 1978, and all subsequent revisions and amendments by FEMA with accompanying FIS and FIRMs are hereby adopted by reference and declared to be a part of this chapter. [CFR 60.2(h)] Copies of the Flood Insurance Study and maps referred to therein, shall be maintained on file at 630 Garden Street, Santa Barbara, California. The Flood Insurance Study establishes the areas of special flood hazard identified by FEMA or FIMA. These areas may be changed, or new areas may be designated, by the City Council following a recommendation thereon by the Floodplain Administrator.
(Ord. 3972, 1978; Ord. 4522, 1988; Ord. 4731, 1991; Ord. 5807, 2017; Ord. 5832, 2018)
§ 22.24.070 Compliance.
A.
No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. Violations of the provisions of this chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor.
B.
For all new structures, in addition to the compliance provisions of this chapter, the City adopts the most recent editions of the national standard, ASCE 24 "Flood Resistant Design and Construction" in its entirety. When the requirements of elevation of flood protection in ASCE 24 conflict with other regulations, ASCE 24 will govern. The Floodplain Administrator may, on a case-by-case basis, consider, document, and file an analysis of the provisions of Section 22.24.140.C, paragraphs 1—11, to administratively reduce any of the requirements of ASCE 24.
(Ord. 3972, 1978; Ord. 4522, 1988; Ord. 5807, 2017; Ord. 5832, 2018)
§ 22.24.080 Abrogation and Greater Restrictions.
This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions; however, where this chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
(Ord. 3972, 1978; Ord. 4522, 1988; Ord. 5807, 2017; Ord. 5832, 2018)
§ 22.24.090 Interpretation.
In the interpretation and application of this chapter, all provisions shall be considered as minimum requirements, liberally construed in favor of the governing body, and, deemed neither to limit nor repeal any other powers granted under federal or state statutes.
(Ord. 3972, 1978; Ord. 4522, 1988; Ord. 5807, 2017; Ord. 5832, 2018)
§ 22.24.100 Warning and Disclaimer of Liability.
The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the City of Santa Barbara, any officer or employee thereof, or FIMA, for any flood damages that result from reliance on this chapter or any administrative decision made thereunder.
(Ord. 3972, 1978; Ord. 4522, 1988; Ord. 5807, 2017; Ord. 5832, 2018)
§ 22.24.101 Severability.
This chapter and the various parts thereof are hereby declared to be severable. Should any section of this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid.
(Ord. 5807, 2017; Ord. 5832, 2018)
§ 22.24.110 Establishment of Flood Development Permit.
A flood development permit shall be obtained before construction or development begins within any area of special flood hazard. Application for a flood development permit shall be made on forms furnished by the Floodplain Administrator and may include, but not be limited to:
A.
Three sets of plans drawn to scale showing:
1.
The nature, location, dimensions, and elevations of the proposed and existing structures, fill, storage of materials, and drainage facilities;
2.
Proposed locations of water supply, sanitary sewer, and other utilities;
3.
Grading information showing existing and proposed contours, any proposed fill, and drainage facilities;
4.
Location of the regulatory floodway when applicable; and
B.
The following information is required on an application:
1.
Elevation (NAVD 1988) of the lowest floor (including basement) of all structures; in Zone AO or VO, elevation of highest adjacent grade and proposed elevation of lowest floor of all structures;
2.
Elevation in relation to NAVD 1988 to which any structure has been or will be floodproofed;
3.
All certifications required by Sections 22.24.130.C and 22.24.160; and
4.
Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
(Ord. 3972, 1978; Ord. 4522, 1988; Ord. 5807, 2017; Ord. 5832, 2018)
§ 22.24.120 Designation of the Floodplain Administrator.
The Chief Building Official is hereby appointed as the Floodplain Administrator to administer and implement this chapter by granting or denying flood development permit applications in accordance with its provisions.
(Ord. 3972, 1978; Ord. 4522, 1988; Ord. 5807, 2017; Ord. 5832, 2018)
§ 22.24.130 Duties and Responsibilities of the Floodplain Administrator.
Duties of the Floodplain Administrator shall include, but not be limited to:
A.
Review of all flood development permit applications to determine that:
1.
All permit requirements of this chapter have been satisfied.
2.
All necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required.
3.
The site is reasonably safe from flooding.
4.
If the proposed development adversely affects the flood carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated; then, for purposes of this chapter, "adversely affects" means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will increase the water surface elevation of the base flood more than one foot at any point.
5.
All Letters of Map Revision (LOMRs) for flood control projects are approved prior to the issuance of building permits. Building permits must not be issued based on Conditional Letters of Map Revision (CLOMRs). Approved CLOMRs allow construction of the proposed flood control project and land preparation as specified in the "start of construction" definition.
B.
Determination of substantial improvement based on the depreciated market value of the structure and the project cost.
D.
When base flood elevation data in accordance with Section 22.24.060 is unavailable, the Floodplain Administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer Section 22.24.160 pertaining to specific standards for residential and nonresidential construction.
E.
Maintain for public inspection all records pertaining to the provisions of this chapter, including:
1.
The certification required in Section 22.24.160.C.1 (floor elevations);
2.
The certification required in Section 22.24.160.C.2 (elevations in areas of shallow flooding);
3.
The certification required in Section 22.24.160.C.3 (elevation or floodproofing of nonresidential structures);
4.
The certification required in Section 22.24.160.C.3 (wet floodproofing standard);
5.
The certified elevation required in Section 22.24.160.E.2 (subdivision standards);
6.
The certification required in Section 22.24.180.A (floodway encroachments); and
8.
A record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to FEMA.
F.
Notification of other agencies, including:
1.
Adjacent communities, the Santa Barbara County Flood Control and Water Conservation District, and the California Department of Water Resources prior to any alteration or relocation of a watercourse, and submit evidence of such notification to FEMA. Require that the flood carrying capacity of the altered or relocated portion of the watercourse is maintained.
2.
FEMA for base flood elevation changes due to physical alterations:
a.
Within six months of information becoming available or project completion, whichever comes first, the Floodplain Administrator shall submit or assure that the permit applicant submits technical or scientific data to FEMA for a Letter of Map Revision (LOMR).
b.
All LOMRs for flood control projects are approved prior to the issuance of building permits. Building permits must not be issued based on Conditional Letters of Map Revision (CLOMRs). Approved CLOMRs allow construction of the proposed flood control project and land preparation as specified in the "start of construction" definition.
G.
FEMA for Changes in Corporate Boundaries. Include a copy of a map of the community clearly delineating the new corporate limits. Make interpretations as to the exact location of the boundaries of the areas of special flood hazards, (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The persons contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 22.24.140.
(Ord. 3972, 1978; Ord. 4522, 1988; Ord. 4539, 1988; Ord. 5807, 2017; Ord. 5832, 2018)
§ 22.24.140 Variance and Appeal Procedure.
A.
The Building and Fire Code Board of Appeals of the City of Santa Barbara shall hear and decide appeals and requests for variances from the requirements of this chapter. The decisions of the Building and Fire Code Board of Appeals on appeals or requests for variances shall be final.
B.
The applicant or any aggrieved person may appeal to the Building and Fire Code Board of Appeals when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this chapter.
C.
In reviewing an application for a variance, the Building and Fire Code Board of Appeals shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and each of the following:
1.
The danger that materials may be swept onto other lands to the injury of others.
2.
The danger to life and property due to flooding or erosion damage.
3.
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.
4.
The importance of the services provided by the proposed facility to the community.
5.
The necessity to the facility of a waterfront location, where applicable.
6.
The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage.
7.
The compatibility of the proposed use with existing and anticipated development.
8.
The relationship of the proposed use to the General Plan and Floodplain Management Program for that area.
9.
The safety of access to the property in times of flood for ordinary and emergency vehicles.
10.
The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site.
11.
The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.
D.
Upon consideration of the factors identified in subsection C of this section and the purposes of this chapter, the Building and Fire Board of Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
E.
The Floodplain Administrator shall maintain the records of all appeal actions and report any variances to FIMA upon request.
(Ord. 3972, 1978; Ord. 4522, 1988; Ord. 5136, 1999; Ord. 5807, 2017; Ord. 5832, 2018)
§ 22.24.150 Conditions for Variances.
A.
Variances may be issued for new construction and substantial improvements to be erected on a lot of one half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level provided the considerations specified in Section 22.24.140.C have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.
B.
Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use, provided the provisions of Section 22.24.140.C are satisfied and that the structure or other development is protected by methods that minimize flood damage during the base flood and create no additional threats to public safety.
C.
Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
D.
Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
E.
Variances shall only be issued upon:
1.
A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
2.
A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in Section 22.24.140.C, or conflict with existing local laws or ordinances.
F.
An applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. A copy of the notice shall be recorded by the Floodplain Administrator in the office of the Santa Barbara County Recorder in a manner so that it appears in the chain of title of the affected parcel of land.
(Ord. 3972, 1978; Ord. 4522, 1988; Ord. 5807, 2017; Ord. 5832, 2018)
§ 22.24.160 General Standards for Flood Hazard Reduction.
In all areas of special flood hazards the following standards shall apply:
A.
Anchoring. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.
B.
Construction Material and Methods.
1.
All new construction and substantial improvements shall be constructed:
a.
With materials and utility equipment resistant to flood damage.
b.
Using methods and practices that minimize flood damage.
c.
With electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and located so as to prevent water from entering or accumulating within the components during conditions of flooding.
The above regulations in this subsection are advisory only and not mandatory for one- and two-family building additions or alterations that are not a substantial improvement. |
2.
Within Zones AH, AO or VO, the site is required to have adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures.
C.
Elevation and Floodproofing.
1.
In "AE" and "AH" Zones, new construction and the substantial improvement of any structure shall have the lowest floor, including basement, elevated in accordance with ASCE 24.
2.
In zones where there is no documented base flood elevation in a special flood hazard area the following means of determining the lowest finished floor elevation apply:
a.
"AO" Zone: Elevated above the highest adjacent grade to a height equal to or exceeding the depth number specified in feet on the FIRM plus the ASCE 24 freeboard elevation, or elevated at least two feet above the highest adjacent grade plus the ASCE 24 freeboard elevation if no depth number is specified.
b.
"A" Zone without a base flood elevation specified on the FIRM: Elevated at least to the base flood elevation as determined under Section 22.24.130.C plus the ASCE 24 freeboard elevation.
4.
All new construction and substantial improvements, with fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:
a.
A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided in the enclosure. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. Buildings with more than one enclosed area must have openings on exterior walls for each area to allow floodwater to directly enter; or
b.
Be certified to comply with a local floodproofing standard approved by the FIMA.
D.
Utilities.
1.
All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharge from systems into floodwaters.
2.
On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
3.
All new, repaired, altered or replaced electrical gear shall be elevated above the base flood elevation or designed to minimize or eliminate infiltration of floodwaters.
4.
All new, repaired, altered or replaced mechanical equipment and ductwork shall be elevated above the base flood elevation.
E.
Subdivision Proposals.
1.
All preliminary subdivision proposals shall identify the Special Flood Hazard Area (SFHA) and Base Flood Elevations (BFE).
2.
All final subdivision plans shall provide for each proposed structure: lowest floor elevation, lowest adjacent grade, and pad elevation. If the site is filled above the base flood, the final pad elevation shall be certified by a registered professional engineer or surveyor and provided to the Floodplain Administrator.
3.
All subdivision proposals shall be consistent with the need to minimize flood damage.
4.
All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage.
5.
All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage.
F.
Essential Facilities.
1.
All new critical facilities shall not be located within a FEMA Special Flood Hazard Area unless necessary due to its function.
G.
Manufactured Homes. All manufactured homes that are placed or substantially improved, on sites located: (1) outside of a manufactured home park or subdivision; (2) in a new manufactured home park or subdivision; (3) in an expansion to an existing manufactured home park or subdivision; or (4) in an existing manufactured home park or subdivision upon which a manufactured home has incurred "substantial damage" as the result of a flood, shall meet the standards in subsections A through E of this section.
H.
Recreational Vehicles.
1.
All recreational vehicles placed in Zones A1-30, AH, AE, V1-30 and VE will either:
a.
Be on the site for fewer than 180 consecutive days; or
b.
Be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or
I.
Basements. All basement levels, not legally permitted as habitable space, below the BFE shall be maintained only for use as storage, parking or access to the floor above; such spaces shall not contain any of the following:
(Ord. 3972, 1978; Ord. 4522, 1988; Ord. 5807, 2017; Ord. 5832, 2018)
§ 22.24.170 Coastal High Hazard Areas.
Within coastal high hazard areas, Zones V, V1-30, VE and Coastal AE as established pursuant to Section 22.24.060, the following standards shall apply:
A.
All substantial improvements and all new construction, shall be elevated on adequately anchored pilings or columns and securely anchored to such pilings or columns so that the lowest horizontal portion of the structural members of the lowest floor (excluding the pilings or columns) is elevated to or above the base flood elevation plus the ASCE 24 freeboard elevation, unless a higher elevation is required by the Floodplain Administrator. The pile or column foundation and structure attached thereto is anchored to resist flotation, collapse, and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Water loading values used shall be those associated with the base flood. Wind loading values used shall be those required by applicable state or local building standards.
B.
All new construction and other development shall be located on the landward side of the reach of the mean high tide.
C.
All new construction and substantial improvements shall have the space below the lowest floor free of obstructions or constructed with breakaway walls as defined in Section 22.24.040. Such temporarily enclosed space shall not be used for human habitation and will be used solely for parking of vehicles, building access, or storage.
D.
Fill shall not be used for structural support of buildings.
E.
Man-made alteration of sand dunes which would increase potential flood damage is prohibited.
F.
The Floodplain Administrator shall obtain and maintain the following records:
1.
Certification by a registered engineer or surveyor that a proposed structure complies with Section 22.24.170.A above; and
2.
The elevation (in relation to NAVD 1988) of the bottom of the lowest structural member of the lowest floor (excluding pilings or columns) of all new and substantially improved structures, and whether such structures contain a basement.
(Ord. 3972, 1978; Ord. 4522, 1988; Ord. 5807, 2017; Ord. 5832, 2018)
§ 22.24.180 Floodways.
Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply to floodways:
A.
No encroachments, including fill, new construction, substantial improvements, and other development are permitted unless a registered professional engineer or architect certifies that the development will not result in any increase in flood levels during the occurrence of the base flood discharge.
C.
No mobile homes may be placed in any floodway, except in a mobile home park or mobile home subdivision established prior to the effective date of the ordinance codified in this chapter.
(Ord. 3972, 1978; Ord. 4522, 1988; Ord. 5807, 2017; Ord. 5832, 2018)
§ 22.32.010 Assignment of Numbers.
The City Engineer shall have charge of the matter of numbering houses, buildings, unit, and other property. The property owner is responsible for posting the number assigned by the City Engineer. The City Engineer may order a property owner to place the number for a house, building, unit, or other property as required by this chapter. The City Engineer may give the order to the owner in writing, by first class mail, postage prepaid, to the owner at the address as shown on the last equalized assessment roll.
(Prior code §11.5; Ord. 6143, 2/27/2024)
§ 22.32.020 Failure to Place Number Unlawful.
§ 22.32.030 Size, Color and Location of Numbers.
The numbers required by this chapter shall meet the requirements of the California Building Code and shall be so located that they are clearly visible from the street. The numbers shall be in a color contrasting to the background on which they are placed.
(Prior code §11.7; Ord. 6143, 2/27/2024)
§ 22.32.040 Numbering System Generally.
All houses, buildings and developed lots fronting on streets or public thoroughfares shall be numbered in the following manner:
A.
Beginning at State Street the lots, houses and buildings shall be numbered consecutively to the City limits on streets extending in northeasterly, northerly and southwesterly, southerly directions respectively. The even numbers shall be on the southeast or east side of streets running in a northeasterly or northerly direction respectively from State Street and odd numbers shall be on the northwesterly or westerly sides respectively of such streets. On streets running in a southwesterly or southerly direction from State Street, even numbers shall be on the northwesterly and westerly sides and odd numbers on the southeasterly and easterly sides respectively of such streets. One hundred numbers shall be assigned to each block beginning with number one at the opposite sides of State Street.
B.
Beginning at Quinientos Street, lots, houses and buildings shall be numbered consecutively to the City limits on streets extending in northwesterly and southeasterly directions respectively. On streets northwesterly of Quinientos Street and generally parallel to State Street, the numbers shall be even on the northeasterly or northerly sides and odd on the southwesterly or southerly sides. On streets southeasterly of Quinientos Street and generally parallel to the prolongation of the southerly end of State Street, the numbers shall be even on the southwesterly side and odd on northeasterly side. One hundred numbers shall be assigned for each block starting with the number one on opposite sides of Quinientos Street and the numbers southeasterly of Quinientos Street shall be followed by the letter S.
C.
All avenues, alleys or other places occupied or used for residence or business purposes shall be numbered in a like manner, and the numbers shall correspond with the numbers in the block in which such avenues, alleys or places are situated.
D.
Secondary addressing for individual unit numbers or letters in a house or building and formatting shall comply with the most current Postal Addressing Standards adopted by the United States Postal Service. The use of fractional numbers and other secondary addressing items that impact the United States Postal Service sorting operations is not permitted.
E.
Addresses for electrical meter pedestals in the public right-of-way may be assigned an address that is not deliverable for mail per utility company requirements.
(Prior code §11.8; Ord. 6143, 2/27/2024)
§ 22.32.050 Mailboxes Generally.
Mailbox installations shall follow the United States Postal Service standards. Roadway posts are permitted only in residential zones without sidewalks, unless otherwise authorized by the City Engineer. Mailboxes are subject to local postmaster approval and upon assignment of an address by the City Engineer, the property owner shall perform final registration steps with the Post Office to receive mail.
(Ord. 6143, 2/27/2024)
§ 22.38.010 Purpose and Requirements for Undergrounding Utilities.
A.
Purpose. This chapter specifies the requirements for underground utilities related to construction projects in the City, which include, but are not limited to, new subdivisions, other private development projects, public streets and other public improvements.
B.
Specific requirements. Specific requirements to place and maintain utility wires and related facilities underground are contained in various portions of the Santa Barbara Municipal Code, including:
1.
Roadway Projects. Section 22.38.040 of this chapter contains undergrounding requirements for roadway widening and extension projects.
2.
Service Connections. Section 22.38.030 of this chapter contains undergrounding requirements for service connections.
(Ord. 4318, 1985)
§ 22.38.020 Definitions.
The following words and phrases shall have the meaning indicated, unless the context or usage clearly requires a different meaning:
The utility service equipment serving more than one individual parcel.
(1) A new freestanding structure which has utility service; (2) a structure to which additions are made, within any 24-month period, which exceed 500 square feet and 50% of the existing floor area; (3) a structure to which alterations and substantial improvements are made, within any 24-month period, which exceed 50% of the replacement value of the structure; or (4) a building, which has utility service, that is moved to another location or relocated on the same parcel.
The portion of a highway or street improved, designed or ordinarily used for vehicular travel.
Electricity, telephone, street lighting, cable television, communications, personal communications, cellular phone service, other telecommunications and similar services.
The utility service equipment serving an individual parcel.
Facilities for the provision or transmission of electricity, telephone, street lighting, cable television, personal communications, cellular phone service, other telecommunications and similar services, including wires, conduit, poles, supports, antennae, transformers, insulators, switches, and related or appurtenant facilities.
(Ord. 4318, 1985; Ord. 4907, 1995; Ord. 5048, 1998)
§ 22.38.030 Service Connection Requirements.
A.
Underground installation required. All service connections for utilities serving a new structure or any existing structure located on the same parcel as a new structure except for distribution facilities shall be installed or relocated underground, except as permitted by this chapter.
B.
Routing. Underground service routing for commercial and industrial properties shall be located in a manner that avoids interference with future potential building areas.
C.
Trenching. When utilities are being installed as required by this section or Section 22.38.040, cable or conduit shall be installed for all utilities while trenches are open to prevent unnecessary retrenching of driveways, streets and gutters.
D.
Aboveground installations. Construction plans which are submitted to the City for approval shall show transformers, pedestals and mounted terminal boxes and shall be subject to approval of the Chief of Building and Safety.
(Ord. 4318, 1985; Ord. 4907, 1995)
§ 22.38.040 Undergrounding at the Time of Roadway Widening or Extension.
Whenever a roadway widening or roadway extension project in the City, whether undertaken pursuant to the provisions of Division 3 of the California Streets and Highways Code, a special assessment proceeding or otherwise, requires the relocation or extension of existing overhead utility services, such relocated or extended utility services shall be located underground pursuant to this chapter. The participation by the respective utility companies in the costs for relocating or extending utility services shall be determined in accordance with the then applicable rules, regulations and tariffs on file with the California Public Utilities Commission.
(Ord. 4218, 1985)
§ 22.38.050 Hardship Waiver; In-Lieu Fees.
A.
Procedure. Whenever the cost of placing utility services underground is so great as to constitute an unreasonable hardship, the applicant for a City building permit or other permit or the owner of an interest in the real property may apply in writing to the Chief of Building and Safety for relief from the provisions of this chapter. The request shall contain (1) a detailed description of the overhead utility services proposed to be placed underground; (2) separate itemized cost estimates for construction of the project if the utilities were placed or relocated (a) underground or (b) above ground; and (3) such other information as needed to determine hardship.
B.
Investigation and hearing. The Chief of Building and Safety shall investigate the costs of the project if the utilities were placed underground or relocated above ground and obtain any other necessary information to make a determination on the application. Within 20 days after the filing of the application, the Chief of Building and Safety shall hold a hearing on the matter at a scheduled time and place.
C.
Unreasonable hardship; findings. After considering the request for relief, the Chief of Building and Safety shall determine whether any relief is proper under the circumstances, including, but not limited to, indefinite deferral of the undergrounding requirement. The Chief of Building and Safety shall grant relief only upon the following findings, as applicable:
1.
The cost of placing existing utility services underground is either so exorbitant or disproportionate to the total cost of construction as to constitute an unreasonable hardship;
2.
No new utility poles are to be erected;
3.
There are other overhead utility lines in the immediate vicinity which would remain even if no waiver were granted;
4.
The costs of undergrounding exceeds 10% of the project valuation if the project is a subdivision, or five percent of the project valuation for a project other than a subdivision, as determined by the currently adopted valuation tables of the Chief of Building and Safety or through use of an estimate provided by the architect, engineer or contractor for the project, whichever is higher;
5.
The grant of approval would not be inconsistent with the intent and purposes of this chapter;
6.
Where the project is or includes, as a substantial portion of the work, the installation or replacement of utilities distribution facilities and there are unusual conflicts or other conditions or circumstances which preclude reasonable measures to install utilities underground, the Chief of Building and Safety shall provide such relief as is consistent with the intent and purposes of this chapter; or
7.
Where the project involves the reconstruction, restoration or rebuilding of a single family residence which was damaged or destroyed by fire, flood, wind, earthquake or other calamity or act of God or the public enemy; provided, however, this finding is only available if the affected utility has determined that the required undergrounding is infeasible or not advisable for technical or maintenance reasons. For purposes of this finding only, the payment of in-lieu fees, as provided in paragraph 3 of subsection D below, may be waived by the Community Development Director if the reconstructed single-family residence does not exceed the net square footage of the residence that was legally permitted prior to the damage or destruction.
D.
Required conditions. If relief is granted by the Chief of Building and Safety, the following conditions shall be imposed, as applicable:
1.
The owner must execute and cause to be recorded, on forms to be provided by the City, a waiver of the right of protest to the formation of an assessment district proposed for the purpose of undergrounding utilities; and
2.
An electric meter enclosure or other enclosure suitable for both overhead and underground utilities is to be installed; and
3.
The owner shall pay the City an in-lieu fee of 10% of the project valuation if the project is a subdivision and (i) the subdivision will contain more than two new lots; or (ii) more than two dwellings exist or may legally be constructed within the subdivision; or (iii) the property is not zoned solely for residential uses. Alternatively, the owner shall pay the City an in-lieu fee of five percent of the project valuation for other subdivisions or a project other than a subdivision. Project valuation shall be determined utilizing valuation tables or through use of an estimate provided by the architect, engineer or contractor for the project, whichever is higher. The fees shall be deposited in a fund to be used only for undergrounding of utilities in the City and purposes directly related thereto. For subdivisions, the in-lieu fees shall be paid to the City prior to approval of a Final Map or Parcel Map. For other projects, the in-lieu fee shall be paid to the City prior to the issuance of the building permit for the project, unless a building permit is not required for the project, in which event the fee shall be paid to the City within 30 days after the granting of the relief is final.
4.
As to each subdivision for which a five percent in-lieu fee will be paid, an agreement approved by the City Attorney shall be recorded which (i) prohibits more than two lots within the property being subdivided; (ii) restricts the use of the subdivided property to residential uses; and (iii) prohibits the construction, maintenance or use of more than two dwellings on the subdivided property. The agreement shall require that if there is not compliance with the above conditions and restrictions, the Owner, at its sole cost, shall cause all utilities within the property that is subdivided to be placed underground.
5.
Where the project is or includes, as a substantial portion of the work, the installation or replacement of utilities distribution facilities and there are unusual conflicts or other conditions or circumstances which preclude reasonable measures to install utilities underground, the Chief of Building and Safety shall provide, as a condition of any relief from requirements of this chapter, an in lieu payment or other commitment sufficient to insure placement of overhead conduit underground to an extent which is equivalent to the extent of the conduit for which relief is granted.
(Ord. 4318, 1985; Ord. 4399, 1986; Ord. 4455, 1987; Ord. 5048, 1998; Ord. 5503, 2009)
§ 22.38.060 Appeal to City Council.
A.
Procedure. Any determination of the Chief of Building and Safety concerning a hardship waiver request under this chapter may be appealed by any interested person to the City Council by filing a written appeal with the City Clerk within 10 days after the date of such decision. The decision of the Chief of Building and Safety is final if an appeal is not filed in a timely manner.
B.
Appeal requirements. The appeal shall contain (1) a detailed description of the overhead utility services proposed to be placed underground; (2) separate itemized cost estimates for construction of the project if the utilities were placed underground or relocated aboveground; and (3) the grounds for the appeal.
C.
Scheduling of hearing. The City Council shall, at its regular meeting next following receipt of the appeal, set the appeal for hearing.
D.
Granting appeal, unreasonable hardship, findings, conditions. Upon consideration of the appeal, the City Council may grant such relief as it may deem proper under the circumstances, including, but not limited to, indefinite deferral of such requirement. Such appeal may be granted based upon the findings and conditions stated in subsections C and D of Section 22.38.050.
(Ord. 4318, 1985)
§ 22.38.065 Relief Where Undergrounding is Impossible.
Upon application therefor, the Planning Commission is authorized to relieve a property owner from the requirement that it underground all of the utilities provided the Commission finds that (1) the owner cannot obtain a right-of-way or right-of-way entry on an adjacent parcel which is necessary to accomplish the undergrounding; or (2) it is otherwise impossible to underground the utilities. Relief granted under this section shall not be effective unless the Owner (1) pays to the City the lesser of the costs of the undergrounding that is not required or the amount of the fees that would be required to obtain a waiver under Section 22.38.050; and (2) waives the right to protest the amount of that payment. That payment shall be deposited in a fund to be used only for undergrounding in the City and purposes related thereto. The property owner shall have the burden of proof and the decision of the Planning Commission shall be final.
(Ord. 4399, 1986)
§ 22.38.070 Fees.
The City Council may, by resolution, establish fees for applications and appeals authorized by this chapter.
(Ord. 4318, 1985)
§ 22.38.080 Rules and Regulations.
The Chief of Building and Safety shall have the authority to promulgate and administer rules and regulations necessary for the administration and interpretation of this chapter. These rules and regulations shall be effective only for 30 days after their adoption unless they are approved by resolution of the City Council.
(Ord. 4318, 1985)
§ 22.38.100 Overhead Utilities Prohibited Where Services Underground.
A.
Unlawful to install. It is unlawful for any person or utility to erect, construct, place, or install any utility poles, overhead wires, overhead conduits, or associated overhead structures:
1.
Along any public or private street, road, drive or access, public right-of-way, or other corridor in which the electrical power utility distribution lines or services for electricity have been placed or located underground; or,
2.
Along any public or private street, road, drive or access, public right-of-way, or other corridor in which the principal utilities providing service for that corridor are maintained underground.
B.
Unlawful to maintain. It is unlawful for any person or utility to keep, maintain, continue, employ or operate utility poles, overhead wires, overhead conduits or associated overhead structures which have been installed, constructed or otherwise placed in violation of this chapter.
(Ord. 5048, 1998)
§ 22.38.110 Emergency Exceptions.
Notwithstanding the provisions of Section 22.38.100, overhead facilities may be installed and maintained for a period, not to exceed 30 days, as necessary in order to provide emergency service. Emergency overhead facilities may be installed and maintained for a period in excess of 30 days, but not to exceed 180 days, upon the approval of the Public Works Director.
(Ord. 5048, 1998)
§ 22.38.120 Unusual Circumstances and Other Exceptions.
With respect to overhead utility services and notwithstanding the provisions of Section 22.38.100, the City Council may authorize, on such terms and conditions as the Council may deem appropriate, a person or utility to erect, construct, install, maintain, use or operate overhead structures for any of the following services:
A.
Poles, wires, and associated overhead structures for a period of time longer than 180 days as necessary to address emergency conditions, or to correct for damage to, loss of, unusual, or interrupted, utility service(s);
B.
Municipal facilities or equipment installed under the supervision and to the satisfaction of the Public Works Director;
C.
Poles or electroliers used exclusively for street lighting;
D.
Overhead wires (exclusive of supporting structures) to cross a portion of the area serviced by underground utilities or connecting to buildings on the perimeter of such area when such wires originate in an area from which poles, overhead wires and associated overhead structures are not prohibited;
E.
Poles, overhead wires and associated overhead structures used for the transmission of electric energy at nominal voltages in excess of 34,500 volts;
F.
Overhead wires, attached to the exterior surface of a building by means of a bracket or other fixture and extending from one location on the building to another location on the same building or to an adjacent building without crossing any public street;
G.
Antennae, associated equipment and supporting structures, used by a utility for furnishing communication services;
H.
Equipment which is appurtenant to underground facilities, such as surface mounted transformers, pedestal mounted terminal boxes, meter cabinets and concealed ducts;
I.
Temporary poles, overhead wires and associated overhead structures used or to be used in conjunction with construction projects; and,
J.
Poles, wires, and associated overhead structures which were existing in place on January 1, 1997.
(Ord. 5048, 1998)
§ 22.38.125 Utilities Installed in Rights-of-Way, Permit Required.
In order to provide for coordination of conduits and protection for existing utility services, it shall be unlawful for any person or utility to place, install, construct or maintain overhead or underground utilities lines, conduits, poles, services or other improvements within a City street, public alley or other public right-of-way without approval by Public Works Permit issued by the Public Works Director.
(Ord. 5048, 1998)
§ 22.40.010 Definitions.
Whenever in this chapter the words or phrases hereinafter in this section defined are used, they shall have the respective meanings assigned to them in the following definitions:
means the Public Utilities Commission of the State;
means and includes individuals, firms, corporations, partnerships, and their agents and employees;
mean poles, towers, supports, wires, conductors, guys, stubs, platforms, cross-arms, braces, transformers, insulators, cutouts, switches, communication circuits, appliances, attachments and appurtenances located above ground within a district and used or useful in supplying electric, communication or similar or associated service;
means that area in the City within which poles, overhead wires, and associated overhead structures are prohibited as such area is described in a resolution adopted pursuant to the provisions of Section 22.40.040;
means and includes all persons or entities supplying electric, communication or similar or associated service by means of electrical materials or devices.
(Ord. 3327 §1, 1968)
§ 22.40.020 Public Hearing by Council.
The Council may from time to time call public hearings to ascertain whether the public necessity, health, safety or welfare requires the removal of poles, overhead wires and associated overhead structures within designated areas of the City and the underground installation of wires and facilities for supplying electric, communication or similar or associated service. The City Clerk shall notify all affected property owners as shown on the last Equalized Assessment Roll and utilities concerned by mail of the time and place of such hearings at least 10 days prior to the date thereof. Each such hearing shall be open to the public and may be continued from time to time. At each such hearing all persons interested shall be given an opportunity to be heard. The decision of the Council shall be final and conclusive.
(Ord. 3327 §1, 1968)
§ 22.40.030 Report by Public Works Director.
Prior to holding such public hearing, the Public Works Director shall consult with all affected utilities and shall prepare a report for submission at such hearing containing, among other information, the extent of such utilities' participation and estimates of the total costs to the City and affected property owners. Such report shall also contain an estimate of the time required to complete such underground installation and removal of overhead facilities.
(Ord. 3327 §1, 1968)
§ 22.40.040 Council May Designate Underground Utility Districts by Resolution.
If, after any such public hearing the Council finds that the public necessity, health, safety or welfare requires such removal and such underground installation within a designated area, the Council shall, by resolution, declare such designated area an underground utility district and order such removal and underground installation. Such resolution shall include a description of the area comprising such district and shall fix the time within which such removal and underground installation shall be accomplished and within which affected property owners must be ready to receive underground service. A reasonable time shall be allowed for such removal and underground installation, having due regard for the availability of labor, materials and equipment necessary for such removal and for the installation of such underground facilities as may be occasioned thereby.
(Ord. 3327 §1, 1968)
§ 22.40.050 Unlawful Acts.
Whenever the Council creates an underground utility district and orders the removal of poles, overhead wires and associated overhead structures therein as provided in Section 22.40.040, it is unlawful for any person or utility to erect, construct, place, keep, maintain, continue, employ or operate poles, overhead wires and associated overhead structures in the district after the date when the overhead facilities are required to be removed by such resolution, except as the overhead facilities may be required to furnish service to an owner or occupant of property prior to the performance by such owner or occupant of the underground work necessary for such owner or occupant to continue to receive utility service as provided in Section 22.40.100, and for such reasonable time required to remove said facilities after such work has been performed, and except as otherwise provided in this chapter.
(Ord. 3327 §1, 1968)
§ 22.40.060 Exception, Emergency or Unusual Circumstances.
Notwithstanding the provisions of this chapter, overhead facilities may be installed and maintained for a period, not to exceed 10 days, without authority of the Council in order to provide emergency service. The Council may grant special permission, on such terms as the Council may deem appropriate, in cases of unusual circumstances, without discrimination as to any person or utility, to erect, construct, install, maintain, use or operate poles, overhead wires and associated overhead structures.
(Ord. 3327 §1, 1968)
§ 22.40.070 Other Exceptions.
In any resolution adopted pursuant to Section 22.40.040, the City may authorize any or all of the following exceptions:
A.
Any municipal facilities or equipment installed under the supervision and to the satisfaction of the Public Works Director;
B.
Poles, or electroliers used exclusively for street lighting;
C.
Overhead wires (exclusive of supporting structures) crossing any portion of a district within which overhead wires have been prohibited, or connecting to buildings on the perimeter of a district, when such wires originate in an area from which poles, overhead wires and associated overhead structures are not prohibited;
D.
Poles, overhead wires and associated overhead structures used for the transmission of electric energy at nominal voltages in excess of 34,500 volts;
E.
Overhead wires attached to the exterior surface of a building by means of a bracket or other fixture and extending from one location on the building to another location on the same building or to an adjacent building without crossing any public street;
F.
Antennae, associated equipment and supporting structures, used by a utility for furnishing communication services;
G.
Equipment appurtenant to underground facilities, such as surface mounted transformers, pedestal mounted terminal boxes and meter cabinets, and concealed ducts;
H.
Temporary poles, overhead wires and associated overhead structures used or to be used in conjunction with construction projects.
(Ord. 3327 §1, 1968)
§ 22.40.080 Notice to Property Owners and Utility Companies.
A.
Within 10 days after the effective date of a resolution adopted pursuant to Section 22.40.040, the City Clerk shall notify all affected utilities and persons owning real property within the district created by said resolution of the adoption thereof. The City Clerk shall further notify such affected property owners of the necessity that, if they or any person occupying such property desire to continue to receive electric, communication, or similar or associated service, they or such occupant shall provide all necessary facility changes on their premises so as to receive such service from the lines of the supplying utility or utilities at a new location.
(Ord. 3327 §1, 1968)
§ 22.40.090 Responsibility of Utility Companies.
If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to Section 22.40.040, the supplying utility shall furnish that portion of the conduits, conductors and associated equipment required to be furnished by it under its applicable rules, regulations and tariffs on file with the Commission.
(Ord. 3327 §1, 1968)
§ 22.40.100 Responsibility of Property Owners.
A.
Every person owning, operating, leasing, occupying or renting a building or structure within a district shall construct and provide that portion of the service connection on his or her property between the facilities referred to in Section 22.40.080 and the termination facility on or within said building or structure being served. If the above is not accomplished by any person within the time provided for in the resolution enacted pursuant to Section 22.40.040 hereof, the Public Works Director shall give notice in writing to the person in possession of such premises, and a notice in writing to the owner thereof as shown on the last Equalized Assessment Roll, to provide the required underground facilities within 10 days after receipt of such notice.
B.
The notice to provide the required underground facilities may be given either by personal service or mail. In case of service by mail on either of such persons, the notice must be deposited in the United States mail in a sealed envelope with postage prepaid, addressed to the person in possession of such premises at such premises, and the notice must be addressed to the owner thereof as such owner's name appears, and must be addressed to such owner's last known address as the same appears on the last Equalized Assessment Roll, and when no address appears, to General Delivery, City of Santa Barbara. If notice is given by mail, such notice shall be deemed to have been received by the person to whom it has been sent within 48 hours after mailing thereof. If notice is given by mail to either the owner or occupant of such premises, the Public Works Director shall, within 48 hours after the mailing thereof, cause a copy thereof, printed on a card not less than eight inches (8″) by 10 inches (10″) in size, to be posted in a conspicuous place on said premises.
C.
The notice given by the Public Works Director to provide the required underground facilities shall particularly specify what work is required to be done, and shall state that if the work is not completed within 30 days after receipt of such notice, the Public Works Director will provide such required underground facilities, in which case the cost and expense thereof will be assessed against the property benefited and become a lien upon such property.
D.
If upon the expiration of the 30-day period, the said required underground facilities have not been provided, the Public Works Director shall forthwith proceed to do the work, provided, however, if such premises are unoccupied and no electric or communications services are being furnished thereto, the Public Works Director shall in lieu of providing the required underground facilities, have the authority to order the disconnection and removal of any and all overhead service wires and associated facilities supplying utility service to said property. Upon completion of the work by the Public Works Director he or she shall file a written report with the City Council setting forth the fact that the required underground facilities have been provided and the cost thereof, together with a legal description of the property against which such cost is to be assessed. The Council shall thereupon fix a time and place for hearing protests against the assessment of the cost of such work upon such premises, which said time shall not be less than 10 days thereafter.
E.
The Public Works Director shall forthwith, upon the time for hearing such protests having been fixed, give a notice in writing to the person in possession of such premises, and a notice in writing to the owner thereof, in the manner hereinabove provided for the giving of the notice to provide the required underground facilities, of the time and place that the Council will pass upon such report and will hear protests against such assessment. Such notice shall also set forth the amount of the proposed assessment.
F.
Upon the date and hour set for the hearing of protests, the Council shall hear and consider the report and all protests, if there be any, and then proceed to affirm, modify or reject the assessment.
G.
If any assessment is not paid within five days after its confirmation by the Council, the amount of the assessment shall become a lien upon the property against which the assessment is made by the Public Works Director, and the Public Works Director is directed to turn over to the Assessor and Tax Collector a notice of lien on each of the properties on which the assessment has not been paid, and the Assessor and Tax Collector shall add the amount of the assessment to the next regular bill for taxes levied against the premises upon which the assessment was not paid. Said assessment shall be due and payable at the same time as the property taxes are due and payable, and if not paid when due and payable, shall bear interest at the rate of six percent per annum.
(Ord. 3327 §1, 1968; Ord. 3946, 1978)
§ 22.40.110 Responsibility of City.
The City shall remove at its own expense all City owned equipment from all poles required removed hereunder in ample time to enable the owner or user of such poles to remove the same within the time specified in the resolution enacted pursuant to Section 22.40.040.
(Ord. 3327 §1, 1968)
§ 22.40.120 Extension of Time.
In the event that any act required by this chapter or by a resolution adopted pursuant to Section 22.40.040 cannot be performed within the time provided on account of shortage of materials, war, restraint by public authorities, strikes, labor disturbances, civil disobedience, or any other circumstances beyond the control of the actor, then the time within which such act will be accomplished may be extended for a period equivalent to the time of such limitation, upon a showing of satisfactory evidence.
(Ord. 3327 §1, 1968)
§ 22.40.130 Penalty for Violation.
It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this chapter. Any person violating any provision of this chapter or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $500.00 or by imprisonment not exceeding six months, or by both such fine and imprisonment. Each such person shall be deemed guilty of a separate offense for each day during any portion of which any violation of any of the provisions of this chapter is committed, continued or permitted by such person, and shall be punishable therefor as provided for in this chapter.
(Ord. 3327 §1, 1968)
§ 22.42.010 Certain Tanks, Wells, Transmission Lines, Etc. Declared a Nuisance.
Buried tanks, surface tanks, cisterns, wells, transmission lines and other conduits located within or extending into a park, beach, road, street, alley, harbor or airport property, or other public property or right-of-way which are not removed within 30 days following demand by the Public Works Director or City Engineer may be declared to be a public nuisance by resolution of the City Council and thereafter abated at the joint and several expense of:
A.
The party, person or persons responsible for the installation;
B.
The party, person or persons for whose benefit the installation was made; and
C.
The present owner(s) of the land or premises for the benefit of which the installation was made.
(Ord. 4830, 1993)
§ 22.42.020 Description of Property in Resolution Declaring Nuisance.
The resolution adopted pursuant to Section 22.42.010 shall describe the property upon which the nuisance exists, or the property for the benefit of which such nuisance was installed, by reference to the latest County Tax Assessor's records available to the public, and no other description of the property shall be required. In lieu thereof, reference may be made to the parcel or lot and block number of the property according to the official map or other records.
(Ord. 4830, 1993)
§ 22.42.030 Resolution May Cover Several Parcels.
Any number of parcels of property may be included in one and the same resolution declaring the nuisance.
(Ord. 4830, 1993)
§ 22.42.040 Posting and Form of Notice to Abate.
After adoption of the resolution as provided by Sections 22.42.020 and 22.42.030, the Public Works Director, or City Engineer shall cause a notice to abate the nuisance to be mailed to the person responsible for the installation, if known, and conspicuously posted on the property on which the nuisance exists, and on the property which was to benefit from the facility installed, if reasonably identified. At least three such notices shall be placed on such property, near such nuisance, at intervals not more than 100 feet in distance apart. Such notice shall include the words: "Notice to Abate Nuisance" in letters not less than one inch in height, and shall be substantially in the following form:
NOTICE TO ABATE NUISANCE |
NOTICE IS HEREBY GIVEN, that on the _________ day of __________, 20_____, the Santa Barbara City Council adopted a resolution declaring that one or more tanks, wells, cisterns, transmission lines or other conduits located within or extended into public property by _________, or installed for the benefit of property more particularly described in such resolution, constitutes a public nuisance which must be abated by removal, otherwise they will be removed and the nuisance will be abated by order of the City in which case the cost of such removal, together with incidental expenses, shall be charged to such person or agency responsible and assessed upon the lots and lands for the benefit of which such installation was made, and such costs and incidental expenses will constitute a lien upon such lots or lands until paid. Reference is hereby made to such resolution for further particulars. |
All persons and all property owners having any objections to the proposed abatement are hereby notified to attend a meeting of the Santa Barbara City Council to be held on the _________ day of _________, 20_________, at the Council Chamber of the Santa Barbara City Hall, 735 Anacapa Street, Santa Barbara, California, when their objections will be heard and given due consideration. |
Dated: |
(Ord. 4830, 1993)
§ 22.42.050 Time for Posting Notice to Abate.
The notice provided in Section 22.42.040 shall be posted at least 10 days prior to the time stated therein for hearing objections by the City Council.
(Ord. 4830, 1993)
§ 22.42.060 Council to Hear Objections to Proposed Removal.
At the time stated in the notice posted pursuant to Sections 22.42.040 and 22.42.050, the Council shall hear and consider all objections or protests, if any, to the proposed abatement found by resolution to be a nuisance, and may continue the hearing from time to time. Upon the conclusion of the hearing the Council by motion or resolution shall allow or overrule any or all objections, whereupon the Council may perform the work of removal. The decision of the Council on the matter shall be final and conclusive.
(Ord. 4830, 1993)
§ 22.42.070 Order to Abate - Owner May Abate Before City Begins Work.
After final action has been taken by the Council under Section 22.42.060 on the disposition of any protests or objections, or in case no protests or objections have been received, the Council, by motion or resolution, may order the Public Works Director or City Engineer to abate the nuisance considered pursuant to this chapter by causing such nuisance to be removed and the premises restored to a lawful condition suitable for public use and such officer, and the deputies, agents and employees of such officer are hereby expressly authorized to enter upon private property for that purpose. Any property owner, or other person responsible, shall have the right to have such nuisance abated at his or her own expense; providing abatement is accomplished prior to the arrival of the City officer or representatives prepared to do the same.
(Ord. 4830, 1993)
§ 22.42.080 Report of City's Expenses.
The City officer or deputy charged with such abatement shall keep an account of the costs, including the costs of printing and posting notices, of abating the nuisance as provided in this chapter. The City officer or deputy charged with such abatement shall render an itemized written report to the Council, identifying the parties known to be responsible, and showing the costs, apportioned to each separate lot or parcel of land as provided in this chapter. At least five days before such report is submitted to the Council for confirmation, a copy of the report, together with a notice of the time when such report shall be submitted to the Council for confirmation, shall be mailed to the address of the parties responsible, if their address is known, and posted with City Council meeting notices on the premises of City Hall.
(Ord. 4830, 1993)
§ 22.42.090 Hearing On and Confirmation of City's Costs - Costs to be Lien - Collecting Costs.
A.
At the time fixed for receiving and considering the report required by Section 22.42.080, the Council shall hear the same, together with any objections which may be raised by any of the persons liable to be assessed for the work of abating the nuisance and thereupon make such modifications in the report as they deem necessary, after which, by motion or resolution, the report shall be confirmed. The amount of the cost for abating such nuisance shall be referred to the City Finance Director for collection and may be assessed against the various parcels of land referred to in the report and, as confirmed, shall constitute a lien on such property for the amount of such assessments, respectively.
B.
After confirmation of such report, a copy thereof shall, as determined by the Finance Director, be delivered to the County Assessor and to the County Tax Collector, whereupon it shall be the duty of such officers to add the amounts of the respective assessments to the next regular bills for taxes levied against the respective lots and parcels of land identified and thereafter such amounts shall be collected at the same time and in the same manner as ordinary property taxes are collected, and shall be subject to the same penalties and the same procedure for foreclosure and sale in case of delinquency as is provided for ordinary property taxes.
(Ord. 4830, 1993)
§ 22.42.100 Reservation of Police Powers.
Nothing in this chapter is intended to limit the ability of the City to respond as needed to remove a nuisance or other obstruction where required to maintain the public health, peace or safety, or where otherwise required in proper exercise of a police power.
(Ord. 4830, 1993)
§ 22.44.005 Purpose and Definitions.
A.
The purpose of this chapter is to implement the Circulation Element of the General Plan, the Bicycle Master Plan, and the Pedestrian Master Plan by establishing requirements for dedication and improvement of public right-of-way in connection with the construction or reconstruction of buildings for which a building permit is required. The provisions of this chapter are supplemental to the dedication and improvement requirements for the subdivision of property under Title 27 or as the condition of a development permit or approval under Title 28 or Title 30 of this Code.
B.
The following definitions apply to the interpretation of this chapter:
1.
New Main Building. This includes any new main building, or substantial redevelopment (as defined in paragraph 7, below) of, or addition greater than 500 square feet to an existing main building, that requires a building permit under Chapter 22.04 of this Code for which the construction cost exceeds $100,000 as determined by building permit valuation.
2.
Person. Any person, entity, firm, partnership, association, corporation, company or organization of any kind.
3.
Public Improvements. This includes sidewalks, parkways, gutters, pavement, driveways, curbs, streets, alleys, public utilities (including relocation of existing utilities), storm drain facilities, street lighting, fire protection installation, and pavement transitions.
4.
Public Works Director. The Public Works Director and any employee of the Public Works Department to whom the Public Works Director has delegated authority to enforce or implement this Chapter.
5.
Owner. A person having legal or equitable title or other ownership interest to real property.
6.
Sidewalk Corridor. The area from the boundary of the right-of-way and the edge of the closest curb or roadway if there is no curb. The sidewalk corridor contains four distinct zones: the curb zone, the furnishings zone, the through pedestrian zone, and the frontage zone.
a.
"Curb Zone" defines the area between the sidewalk and the edge of the street pavement or gutter.
b.
"Furnishing Zone" lies between the curb zone and the through pedestrian zone. All fixtures and street furniture must be contained in the furnishing zone to keep the through pedestrian zone free for pedestrians. The furnishing zone may also include areas for the loading and unloading of persons or freight.
c.
"Through Pedestrian Zone" is the sidewalk area intended for pedestrian travel and is located between the furnishing zone and frontage zone. This zone must be free of permanent and temporary objects.
d.
"Frontage zone" is the area between the through pedestrian zone and the building. The frontage zone may exist on private property if unobstructed by buildings or by fences or walls greater than 42 inches in height.
7.
Substantial Redevelopment. This has the meaning described in Section 30.140.200 of this Code.
§ 22.44.010 Dedication and Improvement Requirement.
A.
Except as otherwise provided in this chapter, no building permit may be issued for a new main building as defined in Section 22.44.005(B)(1) on any lot, unless one-half of the public street or dedicated street right-of-way abutting the lot has been dedicated and improved to meet the objective standards, conditions, and policies of this chapter. If a lot is not located on a public street, the access for the lot must be improved to meet minimum vehicle access dimensions and surfacing standards of the California Fire Code as adopted under Section 8.04.010 and amended under Section 8.04.020 of this Code, the City's parking access and design standards, and the parking design standards established under Title 28 or 30 of this Code.
B.
As a condition to issuance of a building permit for construction of a new main building on a lot, the owner of the lot must have provided the rights-of-way necessary to meet the requirement of subsection A of this section by means of a deed, an irrevocable offer of dedication, or other appropriate conveyance instrument as approved by the City Attorney. Rights-of-way shall also be provided for any improvements to existing facilities, including rights-of-way for storm drains or other required public facilities. All rights-of-way dedications must be accompanied by a title examination and be free of all liens and encumbrances and a processing fee in an amount set by City Council resolution. The maximum area of land required to be dedicated shall not exceed 25% of the area of the lot.
C.
As a condition to issuance of a building permit for a new main building on a lot, the owner of the lot must construct or cause to be constructed in accordance with city specifications upon the lot and along all street frontages adjoining the lot upon which the new main building will be constructed, unless adequate improvements already exist as determined by the Public Works Director.
D.
No structure may be erected on a lot within the street right-of-way, area of an irrevocable offer of dedication, or the additional widening limits of street right-of-way as required by this chapter, except pursuant to an encroachment permit issued pursuant to this Code.
E.
New or altered street lighting, in accordance with Public Works Construction Standard Details is a required improvement for lots that are located at a corner of two or more intersecting public streets, or lots having 50% or more of the frontage of a block, or lots having at least 100 feet of street frontage, unless the Public Works Director determines that new or altered street lighting is not required because existing street lights are adequate for public safety or because of the circumstances of the neighborhood in which the lot is located. New or altered street lighting is not required for building permits on a lot having two or fewer residential units.
F.
Buildings for which a complete building permit application was filed with the Community Development Department before March 6, 2024, will be subject to the dedication and improvement requirements of this chapter in effect on the date of the application.
(Ord. 3353 §1, 1969; Ord. 6143, 2/27/2024)
§ 22.44.020 Exceptions.
B.
The City Engineer may waive the requirement for construction of sidewalk improvements due to any of the following reasons:
1.
It is in the City's interest to include the sidewalk improvements in a pending street or utility construction project.
2.
Construction of the sidewalk improvements would interfere with existing storm drainage or major public utility facilities and the relocation or reconstruction of the facilities is not reasonably feasible without the expenditure of public funds.
3.
Construction of sidewalk improvements would require removal of a mature tree protected under Chapter 15.24.
4.
Construction of sidewalk improvements would create a dangerous condition or is currently not in the public interest due to the grade, topography, or other conditions of the lot or adjacent lots.
5.
Construction of the sidewalk improvements would adversely impact a historic structure or resource.
The City Engineer's determination must be in writing stating the facts upon which the determination is made. |
(Ord. 3353 §1, 1969; Ord. 6143, 2/27/2024)
§ 22.44.030 Dedication Procedure.
Any person required to dedicate land by the provisions of this chapter shall make an irrevocable offer to dedicate or other appropriate conveyance instrument approved by the City Attorney and Public Works Director. The offer or other instrument must be properly executed by all parties of interest including beneficiaries and trustees in deeds of trust as shown by current preliminary title report prepared by a title company, approved by the City for that purpose and shall be in such terms as to be binding on the owner of the lot involved, the owner's heirs, assignees or successors in interest. The City will not accept the offer of dedication or conveyance by other instrument before issuance of the building permit.
(Ord. 3353 §1, 1969; Ord. 6143, 2/27/2024)
§ 22.44.040 Improvement Procedure.
A.
When the estimated cost of the public improvements required under Section 22.44.010 is $25,000 or less as determined by the City Engineer, the improvements must be constructed before the issuance of a final inspection or certificate of occupancy. When the cost of the public improvements required under Section 22.44.010 is greater than $25,000 as determined by the City Engineer, the work must be completed before the issuance of a final inspection or certificate of occupancy, or the owner may enter into a secured agreement to construct all required improvements by a later date is established by the Public Works Director in the secured agreement. The secured agreement must be in a form approved by the City Attorney. All improvements must be constructed pursuant to plans approved by the City Engineer.
B.
An agreement to construct must be secured by one of the following:
1.
A bond or bonds by one or more duly authorized corporate sureties authorized to do business in California, in a form approved by the City Attorney.
2.
A with a responsible escrow agent or trust company approved by the City, of cash or negotiable instruments of the kind approved for securing deposits of public money.
3.
An irrevocable letter of credit from one or more responsible financial institutions regulated by the federal or state government, pledging that the funds are guaranteed for payment on demand by the city, in a form approved by the City Attorney and from a financial institution approved by the Finance Director.
The security must be in an amount equal to the cost of the required improvements as estimated by the building permit applicant and approved by the City Engineer. |
C.
When a substantial proportion of the required improvement has been completed to the satisfaction of the City Engineer, and the completion of the remaining improvements is delayed due to conditions beyond the owner's control, the Public Works Director may accept the completed portion and reduce the improvement security to account for the completed work; provided, however, that the security will not be reduced to less than an amount sufficient to cover the one year warranty obligation under Section 22.60.030.
D.
The Public Works Director is authorized to administer and enforce this chapter and to:
1.
Execute improvement agreements, subject to approval as to form by the City Attorney.
2.
Administer and enforce improvement agreements.
3.
Accept and release security for improvement agreements.
4.
Accept completed improvements upon recommendation by the City Engineer.
5.
Complete improvements upon default of an improvement agreement either through City forces or by contract. Contracts under this provision may be let to any qualified contractor without a requirement for bidding.
6.
Accept, or conditionally accept subject to completion of improvements, offers of dedication and other instruments conveying rights-of-way, in a form approved by the City Attorney.
(Ord. 3353 §1, 1969; Ord. 6143, 2/27/2024)
§ 22.44.050 Issuance of Building Permits.
A.
A person applying for a building permit must pay a fee in an amount established by City Council resolution for the reasonable costs of administration of this chapter and inspection of improvements.
B.
When all dedication and improvements required by this chapter have been completed or satisfactorily guaranteed as to completion, a building permit may be issued, provided all structural and zoning requirements directly applicable to the building permit have been satisfactorily complied with.
C.
An entity exempt from the issuance of a building permit shall comply with the requirements of this chapter before occupancy of a new building or substantial reconstruction of an existing building.
(Ord. 3353 §1, 1969; Ord. 6143, 2/27/2024)
§ 22.44.060 Lots Affected by Street Widening.
On a lot affected by street widening required by the provisions of this chapter, all required yards, setbacks, parking area, loading space and building locations for new buildings or structures or additions to buildings or structures shall be measured and calculated from the new lot line created by said widening; however, in applying all other provisions of this chapter, the area of such lots shall be considered as that which existed immediately prior to such required street widening.
(Ord. 3353 §1, 1969; Ord. 6143, 2/27/2024)
§ 22.44.070 Public Improvement Standards.
A.
The following dimensional street standards and improvements shall be applicable in the requirement for dedication and improvement, as required by this Chapter, and by the street deficiency study of the City made pursuant to Section 2156 of the Streets and Highways Code, on file in the office of the Public Works Director, and shall include proposed street right-of-way to be acquired as well as existing street right-of-way. When this section requires measurement from a curb face, the measurement will be taken from the existing face of curb, except in the case of a new street or where street widening is part of the improvements, in which case the measurement will be based on the new face of curb.
TABLE 22.44.070.A: Public Improvement Standards | ||
|---|---|---|
Right-of-Way Width | Standards | Illustration |
100 feet or more | Each one-half of the street shall consist of not less than 32 feet of paved section measured between curb faces. The sidewalk corridor width shall be a minimum of 15 feet including: • 6-inch curb, • 4 feet or more of furnishing zone, • 8 feet or more of through pedestrian zone, and • 2.5 feet of frontage zone. The frontage zone may be located on the lot adjacent to the right-of-way. Where outdoor dining seating is desired, the frontage zone may be wider, so long as the through pedestrian zone is maintained. The remaining right-of-way area may be used as a portion of divider or median strip width. |  |
80 to 99 feet | Each one-half of the street shall consist of not less than 30 feet of paved section measured from the center line of pavement to the curb face. The sidewalk corridor width shall be a minimum of 15 feet including: • 6-inch curb, • 4 feet of furnishing zone, • 8 feet of through pedestrian zone, and • 2.5 feet of frontage zone. The frontage zone may be located on the lot adjacent to the right-of-way. Where outdoor dining seating is desired, the frontage zone may be wider, so long as the through pedestrian zone is maintained. |  |
60 to 79 feet | Each half of the street shall consist of not less than 20 feet of pavement measured from the center line of pavement to the curb face. The sidewalk corridor width shall be a minimum of 12 feet including: • 6-inch curb, • 4 feet of furnishing zone, • 6 feet of through pedestrian zone, and • 1.5 feet of frontage zone. The frontage zone may be located on the lot adjacent to the right-of-way. |  |
50-59 feet | Each half of the street shall have a paved width of not less than 17 feet measured from the center line of pavement to the curb face. The sidewalk corridor width shall be a minimum of 11 feet including: • 6-inch curb, • 4 feet of furnishing zone, • 6 feet of through pedestrian zone, and • 6 inches of frontage zone. The frontage zone may be located on the lot adjacent to the right-of-way. |  |
B.
All construction of improvements required under this chapter shall be done in accordance with the applicable provisions of the Public Works Construction Standard Details on file in the Public Works Department and pursuant to a permit issued under Chapter 22.60 of this Code.
C.
The City Engineer may approve variations from the requirements of this Section as necessary because of conditions of the terrain and the existing improvements contiguous to the property involved.
(Ord. 3353 §1, 1969; Ord. 6143, 2/27/2024)
§ 22.44.080 Appeal.
Any person may appeal any determination of the Public Works Director made in connection with the administration and enforcement of the improvement provisions of this chapter by making such appeal to the City Council pursuant to the provisions of Section 1.30.050 of this Code.
§ 22.46.010 Delegation of Authority.
The Public Works Director may acquire real property necessary or convenient for an approved City project in accordance with the procedures established by this chapter whenever the acquisition is consistent with any approved budget and funds have been appropriated. Inclusion of a capital project in an adopted budget constitutes authorization for the Public Works Director to acquire all real property necessary or convenient to implement the project subject to appropriation. A project subject to the California Environmental Quality Act or National Environmental Policy Act will not be deemed approved for the purposes of this subsection until after completion of applicable environmental review.
(Ord. 6143, 2/27/2024)
§ 22.46.020 Compliance with Laws Governing Acquisition.
The Public Works Director shall comply with applicable State or Federal laws governing the acquisition of real property, including the relocation assistance act (California Government Code Section 7260 et seq.). Acquisitions under this chapter must be for fair market value and by voluntary negotiation.
(Ord. 6143, 2/27/2024)
§ 22.46.030 Limitation.
The Public Works Director may not acquire property contaminated with hazardous materials or hazardous waste unless a remediation plan has been approved by Federal, State or local agencies with jurisdiction and the remediation plan will be implemented at the cost and liability of the person conveying the property, or unless the acquisition has otherwise been authorized by the City Council.
(Ord. 6143, 2/27/2024)
§ 22.46.040 Acquisition by Eminent Domain.
When the City Council has adopted a resolution of necessity for acquisition of property by eminent domain, the Public Works Director and City Attorney are authorized to take all actions necessary to accomplish the acquisition, subject to appropriations.
(Ord. 6143, 2/27/2024)
§ 22.46.050 Scope.
Acquisition of real property includes, without limitation, purchase, license, easements, acceptance of gift, dedication, or bequest, or any other lawful means of conveyance of any estate or interest in real property. The Public Works Director may execute, subject to approval as to form by the City Attorney, any contract, lease, easement, deed, license, certificate of acceptance or other document necessary to accomplish the transfer to the City of any estate, interest, or right in land to implement the authority delegated under this chapter. Leases of property shall not exceed five years unless separately approved by ordinance adopted under Charter Section 521.
(Ord. 6143, 2/27/2024)
§ 22.48.010 Purpose.
The City Council finds and determines that the public has an interest in the naming of public facilities, including parks, buildings and streets, owned or controlled by the City, that no consistent policy has been employed in the past in selecting the names of public facilities, that the renaming of facilities without due consideration in the context of established principles results in confusion and detracts from the honor accorded in naming a facility, and that, therefor, it is desirable and in the public interest to delineate the policies, principles and procedures for the selection of names and naming of public facilities.
(Ord. 3485 §1, 1971)
§ 22.48.020 Principles, Policies and Priorities.
The election of names for public facilities shall conform to the following principles, policies and priorities:
A.
As a general policy, names which commemorate the culture and history of Santa Barbara will be given first priority; those names commemorating California history may be given second priority;
B.
The name of an individual shall be considered only if such individual has made a particularly meritorious and outstanding contribution, over a period of several years, to the general public interest or the interests of the City;
C.
A preference shall be given to names of long established local usage, names which are euphonious, and names which lend dignity to the facility to be named;
D.
Names selected shall be of enduring, honorable fame, not notoriety, and shall be commensurate with the significance of the facility;
E.
Proliferation of names for different parts of the same facility should be avoided, and the same name should not be applied to a similar kind of facility;
F.
Names with connotations which by contemporary community standards are derogatory or offensive shall not be considered.
(Ord. 3485 §1, 1971)
§ 22.48.030 Change of Name.
Existing names and names once established shall not be changed unless, after investigation and public hearing, the name is found to be inappropriate.
(Ord. 3485 §1, 1971)
§ 22.48.040 Recommendations of Community or Citizen Groups.
In the selection of names for City owned facilities the suggestions, comments and recommendations of community or citizen groups and the citizens in the neighborhood of the facility shall be duly considered; provided, that such suggestions, comments and recommendations are not inconsistent with the provisions of this chapter.
(Ord. 3485 §1, 1971)
§ 22.48.050 Initiation.
Any person may initiate the naming of a City owned facility by submitting to the City Administrator a request for such action and setting forth the proposed name, a description of the facility, and a statement evidencing that the proposed name is consistent with the policies and guidelines of this chapter.
(Ord. 3485 §1, 1971)
§ 22.48.060 Review of Request - Referral.
The City Administrator shall review all requests to name a City owned facility and shall refer the request to the department having jurisdiction of such facility and the appropriate commission or committee for consideration of the request.
(Ord. 3485 §1, 1971)
§ 22.48.070 Hearing.
The commission or committee to which the City Administrator has referred a naming request pursuant to Section 22.48.060 shall hold a public hearing to consider the necessity or desirability of naming the facility, and the proposed name and any alternatives. Such commission or committee shall prepare a recommendation for action by the City Council. The recommendation shall include the name, if any, for the facility which is deemed most appropriate in accordance with the policies and guidelines of this chapter and the justification for the selection of such name.
(Ord. 3485 §1, 1971)
§ 22.48.080 Private Street Names.
A.
Whenever a private street or way is constructed, other than in a subdivision as provided in Title 27 of this code, upon which structures will front, requiring an address, a proposed name for such street or way may be submitted to the Public Works Department for consideration by the Subdivision Review Committee. If such name is not a duplication of or so nearly the same as to cause confusion with the name of an existing street or way located in the City of Santa Barbara, or in close proximity thereto, and if such name is appropriate for a street name, such name shall be approved by such Committee, and recommended to the City Council for adoption.
B.
If upon the completion of such private street or way, no name has been submitted as hereinabove set forth, the Public Works Director may propose a name for such private street or way and submit the same to the Subdivision Review Committee for approval. Such Committee shall adopt a resolution either approving such proposed name or any other name agreed upon by the Committee, which resolution shall be forwarded to the City Council as a recommendation for action by the Council.
C.
A copy of the resolution of the City Council naming a private street or way shall be forwarded promptly to the City Police, Fire and Public Works Departments, the United States Postal Service, the County Clerk and County surveyor and the City Clerk shall also notify abutting property owners of such change of name.
(Ord. 3249 §1, 1967; Ord. 4090, 1980)
§ 22.48.090 Change of Private Street Name.
Whenever it is ascertained by the Subdivision Review Committee that the existing name of any private street or way should be changed to avoid duplication of or confusion with the names of public streets, such Committee may adopt a resolution proposing a new name to be designated for such private street or way and submit the same to the City Council for action. The procedure for such change of name by the City Council shall be the same, as near as may be, as that provided by Section 970.5 of the Streets and Highways Code or any comparable section for change of name by County action. Upon the adoption of a resolution changing such name, notices thereof shall be sent as provided in Section 22.48.080 of this chapter.
(Ord. 3249 §2, 1967; Ord. 4090, 1980)
§ 22.52.010 Existence of Blight.
It is hereby found and determined that there exists within the City of Santa Barbara blighted areas as defined in Article 3 (commencing with Section 33030), Chapter 1, Part 1, Division 24 of the California Health and Safety Code, which article is a part of the Community Redevelopment Law.
(Ord. 3277 §1, 1968)
§ 22.52.020 Application of Community Redevelopment Law.
Except as herein or otherwise provided the procedures specified and the powers granted in the Community Redevelopment Law, consisting of Part 1 (commencing with Section 33000) of Division 24 of the California Health and Safety Code, shall be applicable in the City.
(Ord. 3277 §1, 1968)
§ 22.52.030 Declaration of Need.
It is hereby found and declared, pursuant to Section 33101 of the California Health and Safety Code, that there is need for the Redevelopment Agency created by Section 33100 of such code to function in the City and such Agency is hereby authorized to transact business and exercise its powers under the Community Redevelopment Law and this chapter.
(Ord. 3277 §1, 1968)
§ 22.52.040 City Council as Agency.
Pursuant to the provisions of Section 33200 of the California Health and Safety Code, the City Council declares itself to be the redevelopment agency, and all rights, powers, duties, privileges and immunities vested by the Community Redevelopment Law and this chapter in such agency are vested in the City Council.
(Ord. 3277 §1, 1968; Ord. 3428 §1, 1970; Ord. 3906, 1977)
§ 22.60.010 Definitions.
For the purpose of this chapter the following words shall have the meaning indicated:
A contractor licensed in accordance with Chapter 9 of Division 3 of the Business and Professions Code (Contractors License Law) of the State of California.
A person who has obtained a permit under this chapter.
Any person, entity, firm, partnership, association, corporation, company or organization of any kind, except an employee or contractor of the City performing work within the scope of their employment or retained services.
The most current plans, drawings, diagrams, specifications, and other standards for construction of public improvements approved by the City Engineer and Public Works Director and on file in the Public Works Department.
Includes the Public Works Director and any employee of the Public Works Department to whom the Public Works Director has delegated authority to enforce or implement this chapter.
A day that City offices are open for business.
§ 22.60.020 Permit Required, Issuance, Time for Completion.
A.
No person shall construct, reconstruct, repair, remove, or replace any pavement, sidewalk, driveway, curb, gutter, or any other improvements in any public street, alley, court, right-of-way, utility easement, or public place within the City, or commence any excavation therein, or construct any improvements on public property, easements or rights-of-way owned or to be conveyed to the City without first making application for and obtaining a written permit from the Public Works Director to perform such work. The application must be accompanied by a fee in an amount established by City Council resolution.
B.
Notwithstanding subsection A, emergency repair work by public utilities or other excavation work necessary for the protection of the public safety may be commenced immediately; provided, however, that the person must notify the Public Works Department before commencement of the work if feasible and not later than 24 hours after commencement of the work. Further, a complete application for a permit must be filed and the required fees paid within three working days after commencement of work. The provisions of this subsection B do not apply to water and sewer connection work, which are subject to the requirements of Title 14 of this Code.
D.
All work pursuant to a permit must be completed to the satisfaction of the City Engineer within 90 days after the date the permit is issued unless otherwise stated on the permit or extended in writing by the Public Works Director. All work must be performed according to the day, hour, and duration limits stated the permit and shall be diligently pursued from start to finish without suspension of work of more than five working days unless approved in writing by the Public Works Director.
E.
A permittee must notify the Public Works Department and request inspection not less than 24 hours in advance of the commencement of work under a permit.
§ 22.60.030 Permit Required for House Moving or Heavy Load Transportation.
No person shall commence any house moving, or heavy load transportation until a vehicle haul route for that work has been approved by the Public Works Director. A heavy load is defined as greater than 20,000 pounds per axle or 34,000 pounds for tandem axles. A permit may also be required for vehicle haul routes for work as stated in the conditions of approval for a development project or grading permit.
(Ord. 4090, 1980; Ord. 6143, 2/27/2024)
§ 22.60.040 Fees for Permits.
Permits fees under this chapter will be established by resolution of the City Council in an amount not to exceed the reasonable cost of permit issuance and enforcement of this chapter, including inspection costs. When a person fails to obtain a permit as required by Section 22.60.020, the person must pay an additional fee in the amount of the permit established permit fee to cover the additional costs of enforcement, inspection, and permit issuance.
(Ord. 4090, 1980; Ord. 6143, 2/27/2024)
§ 22.60.050 Warranty of Work.
A.
If required by the Public Works Director, performance of work under a permit must be secured in a manner provided under Section 22.44.040(B). Every permit shall include a warranty that there will be no failure of any work performed under the permit. The warranty period is one year following completion and acceptance of the work. The warranty is in addition to any other warranty provided elsewhere by law. The permittee shall be exonerated from this warranty when it is determined, on appeal pursuant to subsection C of this section, that a failure of an improvement did not result from work performed by the permittee.
Whenever there is any failure of such work within said one-year period, the Public Works Department will give the permittee notice to repair such work to the satisfaction of the Public Works Department. A new one-year warranty period shall commence to run with the completion of repairs to any work that has been reconstructed or repaired pursuant to notice by the City.
B.
If the permittee fails to repair or correct the failed work within 48 hours or within a greater time that is specified in the above notice, the City will have the failed work repaired and the costs will be charged to and paid by the permittee within 30 days after receipt of a billing from the City. If the permittee does not pay said billing, or has not posted adequate security to guarantee payment of said billing upon determination of an appeal, the permittee shall not be entitled to a permit under this chapter.
C.
A permittee may appeal any charges made under this chapter by filing a notice of appeal pursuant to the provisions of Section 1.30.050 of this Code.
D.
A permittee must notify the Public Works Department of any change of address within one year after the completion of any work under such permit so that there can be prompt notification regarding any failed work.
§ 22.60.060 Standards of Materials and Workmanship.
§ 22.60.070 Acceptance of Work.
All work under a permit must be inspected and approved by the Public Works Director before acceptance by the City. The Public Works Director may require a permittee to remove or replace defective construction or materials removed or replaced before acceptance of the work. The warranty period under Section 22.60.050 will not begin until the work is finally accepted.
(Ord. 6143, 2/27/2024)
§ 22.60.080 Permittee's Duty to Protect Work.
The permittee shall adequately protect the work at all times and take all necessary precautions to prevent accidents during the progress thereof up to the time of final acceptance and shall hold the City, its officers and employees free and save them harmless from any and all liability arising directly or indirectly out of or on account of the prosecution of the work performed under this chapter. Protective measures shall include furnishing and maintaining adequate barriers, lights, signs, temporary bridges, guards, watchman and the maintenance of detours as the same may be required for the safe and satisfactory execution of the work and the protection of the public up to the final acceptance of the project. Surplus materials, equipment and debris shall be removed immediately following the completion of the work.
§ 22.60.090 Closing Access Openings in Sidewalks.
The Public Works Director is authorized to inspect all existing driveways, entrances, entries and other access openings through curb lines to streets in the City, and when the use of adjacent property is abandoned, or consolidated with the use of other property, or changed in nature, so as to no longer require the driveway, entrance, entry or access for the use of the property, or creates an unsafe condition and there is alternative access to the property, the Public Works Director is authorized to close, or order the property owner to close, such openings by replacing curb, gutter, sidewalk or other work as necessary to restore normal pedestrian, parking and gutter use. The Public Works Director may require a property owner to close a driveway and restore curb, gutter, and sidewalk as a condition of issuance of a building permit for the property.
§ 22.60.100 Notice to Close Access Opening - Appeal.
Except when closure is in connection with issuance of a building permit, the Public Works Director must give the owner of the property served by a driveway or other access 30 days' written notice of the Director's intention to take action under Section 22.60.090. The notice must be given by first class mail, postage prepaid, to the property owner as shown on the last equalized assessment roll. The Public Works Director may also post notice on the property. The notice must advise the owner of the Director's intended action and of the date by which the property owner may submit a request for a meeting with the Director to present reasons why the intended action should not be taken. If a property owner requests a meeting with the Director and is dissatisfied with the Director's decision, the property owner may appeal the decision to the City Council under Section 1.30.050 of this Code.
(Ord. 6143, 2/27/2024)
§ 22.60.110 Barricading Street During Paving, Prohibition of Parking, Detour of Traffic - Generally.
Whenever any street or portion of street in the City is being improved by grading, paving or other street improvement the Public Works Department may barricade and close such street or any portion of the street, prohibit parking thereon and detour traffic for such length of time as may be necessary to complete such work of improvement or allow such work of improvement to harden properly, set or become in condition for travel.
The Public Works Department shall place, or cause to be placed, barriers, obstructions, or legible notices to indicate the closed condition of the closed area.
§ 22.60.120 Replacing Pavement.
No person shall remove, disturb or displace any part of the bituminous, concrete, or asphalt pavement of any street within the limits of the City for laying pipes or conduit, repairing streets, or for any other purposes, unless pursuant to the Public Works Construction Standard Details.
§ 22.60.130 Improvements and Construction Requirements for Subdivisions.
A.
Each lot created by a subdivision as to which a tentative map is approved after December 16, 1986 shall front upon a public street constructed according to the applicable specifications for streets, unless (1) the lot is served by a private road, lane, drive or driveway which serves no more than two lots; or (2) the advisory body or approval authority under Title 27 of this Code waives this requirement. All public street in a subdivision must meet the standards of Chapter 22.44 and be consistent with the Circulation Element of the General Plan, the Bicycle Master Plan, and the Pedestrian Master Plan. Private streets must, at a minimum, be improved as determined by the Fire Marshal to fire code standards as adopted under Section 8.04.010 and amended under Section 8.04.020 of this Code.
B.
An application for a waiver shall be made as part of an application for a tentative parcel map or tentative map under Title 27 of this Code.
C.
The advisory body or approval authority under Title 27 of this Code, shall consider that waiver request in connection with consideration of the tentative parcel map or tentative map.
D.
A waiver may be granted upon a finding of all of the following:
1.
The proposed roadway, lane, drive, or driveway will provide adequate access to the subject property and other properties using said roadway, lane, drive or driveway.
2.
The proposed roadway, lane, drive or driveway and adjacent paved areas will provide adequate access for fire suppression vehicles as required by applicable fire regulations, including, but not limited to, turnaround area, width, grade and construction.
3.
There is adequate provision for maintenance of the proposed private road, lane, drive or driveway by either of the following:
a.
There is a recorded agreement that provides for adequate maintenance of said road, lane, drive or driveway; or
b.
The owner of the subject property has agreed to adequately maintain said private road, lane, drive or driveway and said agreement has been or will be recorded prior to recordation of the final or parcel map.
4.
The waiver is in the best interests of the City and will improve the quality and reduce the impacts of the proposed development.
E.
If a waiver is granted, the following conditions shall be imposed:
1.
The owner must execute and cause to be recorded on form provided by the City, a waiver of the right to protest the formation of an assessment district proposed for the purpose of street, roadway or related improvements.
2.
The private roads, lanes, drives and driveways permitted under this section shall be constructed and installed in compliance with the Subdivision Design and Improvement Standards approved by resolution of the City Council.
3.
The proposed private road, lane, drive or driveway has been or will be constructed to the standard approved by the Public Works Director and if the road, lane, drive or driveway has not been constructed, adequate improvement security to guarantee such construction has been given to the Public Works Department.
4.
An agreement for maintenance of the proposed private road, lane, drive or driveway, subject to the review and approval of the Public Works Director and City Attorney, has been or will be recorded.
§ 22.60.140 Completion of Street Construction Before Issuance of Building Permit.
No building permit shall be granted for building construction upon new lots or parcels created by a subdivision under Title 27 of this Code until construction of required streets and private roads, lanes, drives and driveways has been completed or improvement security for such completion has been filed with and accepted by the Public Works Department, and in any event before issuance of a final inspection or certificate of occupancy.
§ 22.60.150 Permit Required for Joining Private Street to Official Street System.
No street, lane, alley, way, road, right-of-way, passage or thoroughfare shall be connected with the official street system of the City, without a written permit therefor issued by the Public Works Department. The word "street" as used in this Section shall be defined as any lane, alley, way, road, right-of-way, passage or thoroughfare serving more than two separate lots or parcels.
§ 22.60.160 City Personnel to Exert No Dominion Over Private Streets.
No officer, agent or employee of the City shall perform any repair, maintenance, upkeep, or take any remedial or corrective action, nor exert any dominion, control or jurisdiction, nor to do any act upon or in connection with any street, lane, alley, way, road, right-of-way, driveway, passage or thoroughfare in the City which is not an official street of the City, as designated upon the official street map of the City. This shall not be construed to prevent the Public Works Department from carrying on its service functions pursuant to its rules and regulations, or from installing mains and incidental facilities in any such street, lane, alley, way, road, right-of-way, driveway, passage or thoroughfare within specially granted easements for use of the subsurface thereof.
§ 22.64.010 Generally.
Each gate on or near the line of any public street or alley of the City shall be so hung that the same shall swing inward from such street or alley; or such gate shall be provided with a spring, or other arrangement, so as to make such gate self-closing, and so that the same shall not obstruct, or be liable to obstruct, the free use in the customary manner of any such street or alley, nor be, or liable to become inconvenient, injurious or dangerous to a person walking along any such street or alley, or the sidewalk. Gates must comply with the standards for placement and operation issued by the Public Works Director and on file with the Public Works Department, and height setback limitations specified in Title 28 or 30 as applicable.
§ 22.65.010 Purpose and Intent.
It is the purpose of this chapter to limit and regulate development within close proximity to Highway 101 in a manner that promotes the health, safety, and welfare of the residents of the City of Santa Barbara. Pursuant to 2011 General Plan Policy ER7, the design standards in this chapter are intended to limit the number of people, including Sensitive Individuals, who receive Extensive Exposure to potential air pollution hazards from highway vehicle exhaust including diesel particulates by limiting the development of new sensitive land uses within close proximity of Highway 101 or by modifying the design of new sensitive land uses to reduce the amount of air pollution exposure received, until such time as statewide diesel particulate levels are reduced by planned State regulations or other means.
(Ord. 5651, 2014)
§ 22.65.020 Definitions.
For the purpose of this chapter, the following words and phrases shall have the following meanings:
As defined in Chapter 28.04 or Section 30.300.020 of this code.
Substantial time periods involving daily occupancy or frequent lengthy visits of many hours occurring repeatedly over many years as experienced with residential land uses and schools.
As defined in Chapter 28.04 or Section 30.300.020 of this code.
Outdoor living space, open space or open yard required in accordance with City residential zoning standards as specified in Title 28 or Title 30 of this code.
Persons most susceptible to adverse effects of poor air quality (including from diesel particulates), including children, the elderly, and people who are ill or have serious chronic respiratory, heart, or other medical conditions that are exacerbated by air pollution.
Land uses that involve Extensive Occupancy or Exposure by Sensitive Individuals, including residences; nursing homes, retirement homes, and other community care facilities; schools; and large family day care facilities. Land uses not considered sensitive land uses include retail, commercial services, and offices.
A roadside sound wall constructed by the California Department of Transportation.
(Ord. 5651, 2014; Ord. 5798, 2017)
§ 22.65.030 Applicability and Exemptions.
A.
Applicability.
1.
Location. Any property that is located in whole or part within 250 feet of Highway 101 as measured from the outer edge of the nearest highway travel lane (excluding highway on- and off-ramps) is subject to the requirements of this chapter, unless identified as exempt in subsection B of this section.
2.
Types of Development. The following types of development are subject to the requirements of this chapter, unless identified as exempt in subsection B of this section:
a.
The development of one or more new residential units on a lot.
b.
An addition to an existing residential unit that increases the net floor area of the residential unit by more than 50% of the net floor area that existed within the residential unit as of December 1, 2011. If multiple additions are made to a residential unit during the time this chapter is in effect, the amount of the additional floor area shall be measured in the aggregate.
c.
The development of a new main building that will be occupied by a Sensitive Land Use.
d.
The demolition of an existing building and its replacement with a main building that will be occupied by a Sensitive Land Use.
e.
A change of use of an existing main building from a use not defined as a Sensitive Land Use to a Sensitive Land Use.
f.
A change of use of an existing Main Building from a Sensitive Land Use that existed on the effective date of the ordinance adopting this chapter to a different Sensitive Land Use.
B.
Exemptions. The following projects are exempt from this chapter:
1.
Sound Walls. Projects on sites where a State Highway Roadside Sound Wall is located between the highway and project site.
2.
Prior Applications. Projects with applications submitted to the City before December 1, 2011, for development permits including a Master Application, building permit plan check, or for other development approval, where the application has not expired.
3.
Approved Projects. Projects that received a final approval from the City prior to December 1, 2011, where the approval remains valid.
4.
New Buildings More than 250 Feet from Highway. Projects where the property owner submits a site plan that demonstrates that no new Main Building or required outdoor living area that is to be occupied by a Sensitive Land Use will be located within 250 feet of Highway 101, as measured from the outer edge of the nearest highway travel lane.
5.
Site-Specific Demonstration. Projects where the property owner can demonstrate to the satisfaction of the Community Development Director or the Director's designee that site-specific climatic or topographic conditions avoid or address the air quality risks from Highway 101 on the site such that the site-specific conditions present a health risk of less than 10 excess cancer cases per one million persons.
(Ord. 5651, 2014)
§ 22.65.040 Design Standards for Air Quality.
The following design standards apply to development and occupancy of main buildings to which this chapter applies. The location, design, and filtration standards specified in this section are not required for accessory buildings or areas on the lot where Sensitive Individuals would not be subject to Extensive Occupancy or Exposure (e.g., parking).
A.
Proximity to Highway 101 and Project Design Features. Main buildings that will be occupied by Sensitive Land Uses are prohibited from locating within 250 feet of Highway 101, unless the City Community Development Director or designee determines that project design features satisfactorily address air quality risks. When determining whether the project design features satisfactorily address air quality risks, the Director shall consider the following factors:
1.
Distance from Highway 101. Main buildings and outdoor living areas that will be extensively occupied by Sensitive Land Uses should be located as far from Highway 101 as feasible. For projects that have a mixture of Sensitive Land Uses and non-sensitive land uses, Main Buildings and areas expected to have Extensive Occupancy or Exposure by Sensitive Individuals should be located furthest from the highway, while facilities for non-sensitive populations and/or involving shortterm use (such as parking facilities) should be placed closer to the highway.
2.
Building Orientation and Outdoor Living Areas. Main Buildings for occupancy by Sensitive Land Uses should be oriented with doors and outdoor living areas on the side of the building away from the highway in order to provide physical screening by the building.
3.
Vegetative Screening and Physical Barriers. Project sites to be occupied by Sensitive Land Uses should incorporate dense, tiered vegetative plantings between the highway and the Main buildings and outdoor living areas that are to be occupied by Sensitive Land Uses, which helps to remove air pollutants and reduce diesel particulate concentrations. Vegetation should largely entail trees with complex foliage (leafy vegetation or with needles) that allow substantial in-canopy airflow; preferably in multiple rows, using tree plantings of tall and uniform height that retain foliage year-round and have a long life span. Inclusion of physical barriers such as walls and solid fences between the highway and the project also help to reduce air pollutant exposure levels.
4.
Air Infiltration. In addition to a filtration system as required in Section 22.65.040.B, Main Buildings occupied by Sensitive Land Uses should be designed to locate air intake vents on the side of building away from the highway and use double-paned windows throughout.
5.
Other Measures. An applicant proposing a Sensitive Land Use that will be located within 250 feet of Highway 101 may propose other measures that have a demonstrated ability to reduce highway air pollution exposure.
B.
Interior Air Filtration System. Main Buildings intended for occupation by a Sensitive Land Use that are located within 250 feet of Highway 101 and are not exempt pursuant to Section 22.65.030.B shall incorporate a central ventilation system with air filtration rated at Minimum Efficiency Reporting Value of "MERV13" or better for enhanced particulate removal efficiency. The owner of any development subject to this requirement shall attach a copy of the operator's manual for the central ventilation and filtration system as an exhibit to every lease of the building or any portion of the building.
(Ord. 5651, 2014)
§ 22.65.050 Maintenance of Design Features.
Design features incorporated into an approved project design pursuant to Section 22.65.040 shall be maintained as long as this chapter remains in effect.
(Ord. 5651, 2014)
§ 22.68.010 Architectural Board of Review.
A.
Purpose. Section 814 of the Santa Barbara City Charter creates and establishes an Architectural Board of Review for the City to promote the general public welfare of the City and to protect and preserve the natural and historical charm and beauty of the City and its aesthetic appeal and beauty.
B.
Membership. The Architectural Board of Review shall be composed of seven members to be appointed as provided in the Charter.
C.
Officers - quorum. The members of the Architectural Board of Review shall elect from their own members a chair and vice-chair. The Community Development Director shall act as secretary and record Board actions and render written reports thereof for the Board as required by this chapter. The Board shall adopt its own rules of procedure. Four members shall constitute a quorum, one of which shall be an architect.
(Ord. 3646, 1974; Ord. 3792, 1975; Ord. 4701, 1991; Ord. 5050, 1998; Ord. 5416, 2007; Ord. 5519, 2010; Ord. 5798, 2017)
§ 22.68.015 Definitions.
Community Development Director of the City of Santa Barbara, or designee.
If any word or phrase is defined in this chapter, the definition given in this chapter shall be operative for the purposes of this chapter.
If a word or phrase used in this chapter is not defined in this chapter, but is defined in Chapter 28.04 (for properties in the Coastal Zone), or either Chapter 30.295 or Chapter 30.300 (for properties in the Inland Zones) of this code, the word or phrase shall have the same meaning in this chapter as the meaning specified in the chapter that applies to the zone in which the property is located.
The review and approval of an application filed pursuant to this chapter where the minutes of the Single Family Design Board identify the approval as "Project Design Approval." For the purposes of the State Permit Streamlining Act (Government Code Section 65950 et seq.), the Project Design Approval is the substantive approval of the project on its design merits.
Any words or phrases used in this chapter that are not defined in this chapter, Chapter 28.04 (for properties in the Coastal Zone), or either Chapter 30.295 or Chapter 30.300 (for properties in the Inland Zones) of this code shall be construed according to the common meaning of the words and the context of their usage.
(Ord. 5416, 2007; Ord. 5537, 2010; Ord. 5798, 2017; Ord. 6009, 2021)
§ 22.68.020 Design Review - Nonresidential, Multi-Unit, Two-Unit Residential and Mixed-Use Development.
A.
Approval required before issuance of permit. No building permit or grading permit, the application for which is subject to design review by the Architectural Board of Review in accordance with the requirements of this chapter, shall be issued without the approval of the Board or the City Council, on appeal.
B.
Building permits - nonresidential, multi-unit residential, two-unit residential, and mixed-use. Any application for a building permit to construct, alter, or add to the exterior of a nonresidential, multi-unit residential, two-unit residential, or mixed-use development, or any application which will result in two or more residential units on one lot in any zone (other than the Residential Single Unit Zones listed in Chapter 28.15 or Chapter 30.20 of this code), shall be referred to the Architectural Board of Review for design review in accordance with the requirements of this chapter.
C.
Subdivision grading plans. All subdivision grading plans involving grading on a lot or lots located in any zone (other than the Residential Single Unit Zones listed in Chapter 28.15 or Chapter 30.20 of this code) shall be referred to the Architectural Board of Review for a review of the proposed grading.
D.
Grading permits. Any application for a grading permit that proposes grading on any lot (other than a lot located in the Residential Single Unit Zones listed in Chapter 28.15 or Chapter 30.20 of this code or a lot that is developed with either a single-unit residence, or a single-unit residence in combination with either an Additional Dwelling Unit (Section 28.93.030.E) or an Additional Residential Unit (Section 30.295.020.B.2)) and which application is not submitted in connection with an application for a building permit for the construction or alteration of a building or structure on the same lot shall be referred to the Architectural Board of Review for a review of the proposed grading.
E.
Exterior color.
1.
New Buildings. The Architectural Board of Review shall review the exterior color of any new building or structure that is subject to design review by the Architectural Board of Review.
2.
Alterations. If a change of the exterior color of a building or structure is proposed in connection with another alteration to a building or structure that is subject to design review by the Architectural Board of Review, the Architectural Board of Review shall review the proposed change of color in the course of the design review of the other alteration(s).
3.
Nonresidential Buildings or Structures. The Architectural Board of Review shall review any change to the exterior color of a nonresidential building or related accessory structure whether or not the change of color is proposed in connection with another alteration of the building or structure that is subject to design review by the Architectural Board of Review.
F.
Highway 101 improvements. Improvements to U.S. Highway 101 or appurtenant highway structures which require a Coastal Development Permit pursuant to the City's Certified Local Coastal Program, and which are located within the Highway 101 Santa Barbara Coastal Parkway Special Design District as defined by Municipal Code Section 22.68.060, shall be referred to the Architectural Board of Review for design review, except for improvements to those portions of U.S. Highway 101 and its appurtenant structures that are located within the El Pueblo Viejo Landmark District, which are subject to review by the Historic Landmarks Commission pursuant to Section 30.57.030.
G.
Substantial alterations to approved landscape plans for lots developed with nonresidential or multi-unit residential uses. The Architectural Board of Review shall review any substantial alteration or deviation from the design, character, plant coverage at maturity, or other improvements specified on an approved landscape plan for any lot within the City of Santa Barbara that is developed with multi-residential units, a mixed-use development, or a building that is occupied by a nonresidential use, whether or not such alteration or deviation to the landscape plan is proposed in connection with an alteration to a building or structure on the lot that is subject to design review by the Architectural Board of Review. Whether a proposed alteration or deviation is substantial shall be determined in accordance with the Architectural Board of Review guidelines.
H.
Accessory buildings. The Architectural Board of Review shall review any new buildings, additions, or exterior alterations to existing buildings, on projects that are subject to design review by the Architectural Board of Review, for the following:
I.
Minor zoning exceptions. The Architectural Board of Review shall review applications for a Minor Zoning Exception whenever it is allowed by Title 30 on all projects that are subject to review by the Architectural Board of Review, subject to the criteria and findings in Title 30.
J.
Alternative open yard design. The Architectural Board of Review shall review applications for an Alternative Open Yard Design on multi-unit residential or mixed-use projects, subject to the criteria and findings Section 30.140.140, Open Yards.
K.
Outdoor sales and display. The Architectural Board of Review shall review all proposals for Outdoor Sales and Display (as described in Section 30.295.040.W).
L.
Architectural Board of Review submittal requirements. Applications for review by the Architectural Board of Review shall be made in writing in such form as is approved by the Community Development Director. No application required to be referred to the Architectural Board of Review shall be considered complete unless accompanied by the application fee in the amount established by resolution of the City Council.
M.
Administrative review and approval. Minor design alterations, as specified in the Architectural Board of Review Design Guidelines approved by a resolution of the City Council, may be approved as a ministerial action by the Community Development Director without review by the Architectural Board of Review. The Community Development Director shall have the authority and discretion to refer any minor design alteration to the Architectural Board of Review if, in the opinion of the Community Development Director, the alteration has the potential to have an adverse effect on the architectural or landscape integrity of the building, structure or surrounding property.
(Ord. 3646, 1974; Ord. 3835, 1976; Ord. 4040, 1980; Ord. 4076, 1980; Ord. 4701, 1991; Ord. 4725, 1991; Ord. 4768, 1992; Ord. 4849, 1994; Ord. 4878, 1994; Ord. 4940, 1996; Ord. 4995, 1996; Ord. 5035, 1997; Ord. 5271, 2003; Ord. 5333, 2004; Ord. 5416, 2007; Ord. 5505, 2009; Ord. 5798, 2017)
§ 22.68.030 Alternative Design Review by Historic Landmarks Commission.
A project that is otherwise subject to review by the Architectural Board of Review in accordance with the requirements of this chapter shall be referred to the Historic Landmarks Commission for review in accordance with the requirements of Chapter 30.157 if the project is proposed in any of the following locations:
A.
A lot on which a City Landmark or City Structure of Merit is located,
B.
A property on the City's Potential Historic Resources List, or
C.
Any property located within El Pueblo Viejo Landmark District or another landmark district.
This referral to the Historic Landmarks Commission is supplemental to any other design review requirements required by Chapter 30.57 due to the status of any building or structure on the lot or the location of the lot within a landmark district. The fact that an application for a building permit or grading permit is not subject to design review pursuant to this chapter shall not excuse or exempt an application from review pursuant to Chapter 30.57 of this code. |
(Ord. 5416, 2007)
§ 22.68.040 Architectural Board of Review Notice and Hearing.
A.
Projects that require a noticed hearing. Review of the following projects by the Architectural Board of Review must be preceded by a noticed public hearing:
1.
A new two-unit residential, multi-unit residential, mixed-use or nonresidential building,
2.
The addition of over 500 square feet of net floor area to a two-unit residential or multi-unit residential development,
3.
An addition of a new story or an addition to an existing second or higher story of a two-unit residential or multi-unit residential development,
4.
An addition or alteration that will result in an additional residential unit on a lot,
6.
Projects involving grading in excess of 250 cubic yards outside the footprint of any main building (soil located within five feet of an exterior wall of a main building that is excavated and recompacted shall not be included in the calculation of the volume of grading outside the building footprint), or
7.
Projects involving exterior lighting with the apparent potential to create significant glare on neighboring parcels.
8.
Projects involving an application for a Minor Zoning Exception as specified in Section 30.245.050 of this code.
B.
Mailed notice. Not less than 10 calendar days before the date of the hearing required by subsection A above, the City shall cause written notice of the project hearing to be sent by first class mail to the following persons: the applicant and the current record owner (as shown on the latest equalized assessment roll) of any lot, or any portion of a lot, which is located not more than 300 feet from the exterior boundaries of the lot which is the subject of the action. The written notice shall advise the recipient of the following: (1) the date, time and location of the hearing; (2) the right of the recipient to appear at the hearing and to be heard by the Architectural Board of Review; (3) the location of the subject property; and (4) the nature of the application subject to design review.
C.
Additional noticing methods. In addition to the required mailed notice specified in subsection B above, the City may also require notice of the hearing to be provided by the applicant in any other manner that the City deems necessary or desirable, including, but not limited to, posted notice on the project site and notice delivered to non-owner residents of any of the 20 lots closest to the lot which is the subject of the action. However, the failure of any person or entity to receive notice given pursuant to such additional noticing methods shall not constitute grounds for any court to invalidate the actions of the City for which the notice was given.
D.
Projects requiring decisions by the City Council, Planning Commission, or Staff Hearing Officer. Whenever a project requires another land use decision or approval by the City Council, the Planning Commission, or the Staff Hearing Officer, the mailed notice of the first hearing before the Architectural Board of Review shall comply with the notice requirements of this section or the notice requirements applicable to the other land use decision or approval, whichever are greater. However, nothing in this section shall require either: (1) notice of any hearing before the Architectural Board of Review to be published in a newspaper; or (2) mailed notice of hearings before the Architectural Board of Review after the first hearing conducted by the Architectural Board of Review, except as otherwise provided in the Architectural Board of Review Guidelines adopted by resolution of the City Council.
(Ord. 4995, 1996; Ord. 5380, 2005; Ord. 5416, 2007; Ord. 5444, 2008; Ord. 5609, 2013; Ord. 5798, 2017)
§ 22.68.045 Project Compatibility Analysis.
A.
Purpose. The purpose of this section is to promote effective and appropriate communication between the Architectural Board of Review and the Planning Commission (or the Staff Hearing Officer) in the review of development projects and in order to promote consistency between the City land use decision making process and the City design review process as well as to show appropriate concern for preserving the historic character of certain areas of the City.
B.
Project compatibility findings. In addition to any other considerations and requirements specified in this code, the following findings shall be considered by the Architectural Board of Review when it reviews and approves or disapproves the design of a proposed development project in a noticed public hearing pursuant to the requirements of Chapter 22.68:
1.
Consistency with Design Guidelines. The design of the project is consistent with design guidelines applicable to the location of the project within the City.
2.
Compatible with Architectural Character of City and Neighborhood. The design of the project is compatible with the desirable architectural qualities and characteristics which are distinctive of Santa Barbara and of the particular neighborhood surrounding the project.
3.
Appropriate size, mass, bulk, height, and scale. The size, mass, bulk, height, and scale of the project is appropriate for its location and its neighborhood.
4.
Sensitivity to Adjacent Landmarks and Historic Resources. The design of the project is appropriately sensitive to adjacent Federal, State, and City Landmarks and other nearby designated historic resources, including City structures of merit, sites, or natural features.
5.
Public Views of the Ocean and Mountains. The design of the project responds appropriately to established scenic public vistas.
6.
Use of Open Space and Landscaping. The project includes an appropriate amount of open space and landscaping.
C.
Review procedures.
1.
Projects with Design Review Only. If a project only requires design review by the Architectural Board of Review pursuant to the provisions of this chapter and does not require some form of discretionary land use approval, the Architectural Board of Review shall consider the applicable Project Compatibility Findings during the course of its review prior to granting an approval, denial or continuance of project design approval for the project.
2.
Projects with Design Review and Other Discretionary Approvals. If, in addition to design review by the Architectural Board of Review, a project requires a discretionary land use approval (either from the Staff Hearing Officer, the Planning Commission, or the City Council), the Architectural Board of Review shall review and discuss the applicable Project Compatibility Findings during its conceptual review of the project and shall provide its comments on those findings as part of the minutes of the Board decision forwarded to the Staff Hearing Officer, the Planning Commission, or the City Council (as applicable).
(Ord. 5464, 2008; Ord. 6003, 2021)
§ 22.68.050 Architectural Board of Review Referral to Planning Commission.
A.
Planning commission comments. When the Architectural Board of Review determines that a project is proposed for a site which is highly visible to the public, the Board may, prior to granting preliminary approval on the application, require presentation of the application to the Planning Commission solely for the purpose of obtaining comments from the Planning Commission regarding the application for use by the Architectural Board of Review in its deliberations.
(Ord. 4725, 1991; Ord. 4768, 1992; Ord. 4849, 1994; Ord. 4995, 1996; Ord. 5380, 2005; Ord. 5416, 2007)
§ 22.68.060 Special Design Districts.
The following areas are identified as City Special Design Districts:
A.
Mission Area Special Design District. All real property located within 1,000 feet of Part II of El Pueblo Viejo Landmark District, as legally described in Section 22.22.100.B.
B.
Hillside Design District. All real property within the Hillside Design District as delineated on the maps labeled "Hillside Design District" which are part of this code and are shown at the end of this chapter. All notations, references, and other information shown on said maps are incorporated herein and made a part hereof. The entirety of any annexation shall become a part of the Hillside Design District upon annexation, unless otherwise determined as part of the annexation.
C.
Highway 101 Santa Barbara Coastal Parkway Special Design District. All real property within the State owned or leased right-of-way of Highway 101 and all City owned or leased right-of-way which intersects Highway 101 within the S-D-3 Coastal Overlay Zone.
D.
Lower Riviera Survey Area - Bungalow District. All real property within "Lower Riviera Survey Area - Bungalow District" as shown on the map labeled as such and appended to the end of this section -hereinafter referred to as the "Bungalow District."
 |
 |
 |
 |
 |
(Ord. 3646, 1974; Ord. 4725, 1991; Ord. 4768, 1992; Ord. 4940, 1996; Ord. 5333, 2004; Ord. 5380, 2005; Ord. 5416, 2007)
§ 22.68.070 Special Design District - Lower Riviera Survey Area (Bungalow District).
A.
Special Design District area map - Lower Riviera Survey Area - Bungalow District. Applications for building permits to construct, alter, or add to multi-unit residential or two-unit residential development on lots located within the "Lower Riviera Survey Area - Bungalow District" established pursuant to Section 22.68.060 shall be subject to design review in accordance with the requirements of this section as follows:
B.
Review of building permit applications. Applications for building permits to construct, alter, or add to multi-unit residential or two-unit residential development on lots located within the Bungalow District shall be referred to the Community Development Director for review to determine if the application constitutes a project to demolish the structure. For the purposes of this section, a "demolition" shall be as defined in Section 30.300.080. Such a determination shall be made by the Community Development Director in writing within 30 days of the date of the original application. If the Community Development Director determines that the property is eligible for listing on the City's Potential Historic Resources list, the demolition application shall be referred to the Historic Landmarks Commission for determination of the historical significance of the building or structure pursuant to Section 30.157.110. If it is determined that the property is not eligible for listing on the City's Potential Historic Resources list and the Community Development Director determines that the application does constitute an application to demolish the structure, such application shall be referred to the City's Architectural Board of Review for review by the Board in accordance with the requirements of this section. If the Community Development Director determines that the application does not constitute a demolition under the terms of this section, the building permit shall be issued upon compliance with the otherwise applicable requirements of this code for appropriate and required design and development review.
C.
Review of Bungalow District demolition applications by the Architectural Board of Review. An application referred to the Architectural Board of Review pursuant to subsection B above shall be reviewed by the Architectural Board of Review in accordance with the hearing, noticing, and appeal procedures established in Sections 22.68.040 and 22.68.100. An application referred to the Architectural Board of Review pursuant to subsection B above shall not be approved unless the Architectural Board of Review makes all of the following findings with respect to that application:
1.
That the demolition will not result in the loss of a structure containing a primary feature or features of Bungalow or Arts and Crafts style residential architecture, which features are worthy of or appropriate for historical preservation;
2.
That the demolition will not result in the loss of a structure which, although not eligible as a City Historic Resource, is a prime example of the Bungalow or Arts and Crafts style residential building appropriate for historical preservation;
3.
That the demolition will not result in the loss of a structure which is prominent or which is a prime example of the Bungalow or Arts and Crafts style residential architecture for which this neighborhood is characterized or known.
D.
Architectural Board of Review conditional approval of demolition within the Bungalow District.
1.
Notwithstanding the above-stated requirement for appropriate demolition findings, the ABR may approve a demolition application within the Bungalow District if the ABR conditions the demolition permit such that any proposed future development of the real property upon which the structure or structures are located must comply with express conditions of approval designed to preserve certain existing architectural features or buildings, as determined appropriate by the ABR.
2.
Such conditions may provide that any future development of the property involved must either incorporate the existing structures, in whole or in part, into the new development, or it must preserve certain features or aspects of the existing structures or of the site such that these features are incorporated into any future development of the real property, either through the preservation of the building or feature or its replication in the new development, as may be determined appropriate by the ABR.
3.
Such conditions of approval shall be prepared in written form acceptable to the Community Development Director and the City Attorney and shall be recorded in the official records of Santa Barbara County with respect to the involved real property prior to issuance of any building permit for said demolition such that these conditions shall be binding on all future owners of the real property as conditions imposed on any new development for a period of 20 years after the conditional approval of the original demolition application and the completion of the demolition.
E.
Review of new development within the Bungalow District by Architectural Board of Review. Applications for building permits to construct new multi-unit residential or two-unit residential development on lots located within the Bungalow District shall be referred to the Architectural Board of Review for development plan review and approval in accordance with the public hearing, noticing and appeal requirements of Sections 22.68.040 and 22.68.100, provided that the property owner/applicant may be required to submit those development plan materials deemed necessary for full and appropriate review by the ABR prior to the ABR hearing.
F.
Bungalow District findings. The ABR shall not approve a new development within the Bungalow District unless it makes both of the following findings:
1.
Express conditions of approval have been imposed on the proposed development which appropriately incorporate the existing structures or architectural features or other aspects of these structures (or of the site involved) into the new development, or these structures, features or aspects will be appropriately replicated in the new development; and
2.
The proposed development will not substantially diminish the unique architectural style and character of the Bungalow District as a residential neighborhood of the City.
G.
Guidelines for Special Design District. The Lower Riviera Special Design District Guidelines adopted by resolution of the City Council shall provide direction and appropriate guidance to the ABR, the Planning Commission and City staff in connection with the review of applications filed pursuant to this section.
(Ord. 5333, 2004; Ord. 5416, 2007; Ord. 5798, 2017)
§ 22.68.080 Signs.
Application for sign permits shall be considered by the Architectural Board of Review only upon an appeal filed pursuant to Section 22.70.050.J of this code.
(Ord. 3646, 1974; Ord. 4101, 1981; Ord. 5791, 2017)
§ 22.68.090 Approval of Plans for Buildings or Structures on City Lands.
No building or structure shall be erected upon any land owned or leased by the City, or allowed to extend over or upon any street, or other public property, unless plans for the same and the location thereof shall first have been submitted to the Architectural Board of Review or the Historic Landmarks Commission, as applicable, for its approval.
(Ord. 3646, 1974; Ord. 4701, 1991; Ord. 4849, 1994)
§ 22.68.100 Appeal to Council - Notice and Hearing.
A.
Procedure for appeal. Any action of the Architectural Board of Review on an application for preliminary or final approval taken pursuant to this chapter may be appealed to the City Council by the applicant or any interested person pursuant to Chapter 1.30 of this Code. In deciding such an appeal, the City Council shall make those findings required of the Board with respect to a determination made pursuant to this chapter.
B.
Notice of appeal. In addition to the procedures specified in Chapter 1.30, notice of the public hearing before the City Council on an appeal from a decision of the Architectural Board of Review made pursuant to this chapter shall be provided in the same manner as notice was provided for the hearing before the Architectural Board of Review.
C.
Limits on new evidence. The City Council will decide the appeal in the exercise of its independent judgment based upon the record of the proceedings of the Single Family Design Board. New evidence will not be considered unless the City Council determines that relevant evidence exists that, in the exercise of reasonable diligence, could not have been produced or was improperly excluded at the hearing before the Architectural Board of Review.
(Ord. 3646, 1974; Ord. 3944, 1978; Ord. 4701, 1991; Ord. 4995, 1996; Ord. 5380, 2005; Ord. 5416, 2007; Ord. 6003, 2021)
§ 22.68.110 Expiration of Project Design Approvals.
A.
Project design approval.
1.
Approval Valid for Three Years. A Project Design Approval issued by the Architectural Board of Review or the City Council on appeal shall expire if a building permit for the project is not issued within three years of the granting of the Project Design Approval by the Architectural Board of Review or the City Council on appeal.
2.
Extension of Project Design Approvals. Upon a written request from the applicant submitted prior to the expiration of the Project Design Approval, the Community Development Director may grant one two-year extension of a Project Design Approval.
B.
Exclusions of time. The time period specified in this chapter for the validity of a Project Design Approval shall not include any period of time during which either of the following applies:
(Ord. 5518, 2010; Ord. 5537, 2010)
§ 22.69.010 Single Family Design Board.
A.
Purpose. A Single Family Design Board is hereby created and established by the City to promote the general public welfare, protect and preserve the City's natural and historical charm, and enhance the City's aesthetic appeal and beauty. The goal of the Single Family Design Board shall be to ensure that single-unit residential projects are compatible with the surrounding neighborhood in size and design. The Single Family Design Board is also charged with the task of protecting public visual resources and promoting the ecological sustainability of the City's built environment through the design review process.
B.
Membership. The Single Family Design Board shall be composed of five members appointed by the City Council. At least one member shall be a licensed architect. Up to three members of the public at large, who reside in the city, may be appointed who do not possess professional qualifications in fields related to architecture. Remaining members shall possess professional qualifications in fields related to architecture or landscape architecture, including, but not limited to, building design, structural engineering, industrial design, urban planning, or landscape contracting. All members of the Board with professional qualifications shall reside within Santa Barbara County and all members shall hold office at the pleasure of the City Council. A person may serve on the Architectural Board of Review or the Historic Landmarks Commission and the Single Family Design Board at the same time.
C.
Conduct of meetings. The members of the Single Family Design Board shall elect from their own members a chair and vice-chair. The Community Development Director shall act as secretary and record Board actions and render written reports thereof for the Board as required by this chapter. The rules of procedure for the Board shall be established and approved by resolution of the City Council. Three members shall constitute a quorum.
(Ord. 5416, 2007; Ord. 5646, 2014; Ord. 5798, 2017; Ord. 6091, 2022)
§ 22.69.015 Definitions.
Community Development Director of the City of Santa Barbara, or designee.
Defined in this Chapter. If any word or phrase is defined in this chapter, the definition given in this chapter shall be operative for the purposes of this chapter. |
Defined in the Municipal Code. If a word or phrase used in this chapter is not defined in this chapter, but is defined in Chapter 28.04 (for properties in the Coastal Zone), or either Chapter 30.295 or Chapter 30.300 (for properties in the Inland Zones) of this code, the word or phrase shall have the same meaning in this chapter as the meaning specified in the chapter that applies to the zone in which the property is located. |
The review and approval of an application filed pursuant to this chapter where the minutes of the Single Family Design Board identify the approval as "Project Design Approval." For the purposes of the State Permit Streamlining Act (Government Code Section 65950 et seq.), the Project Design Approval is the substantive approval of the project on its design merits.
Undefined Words and Phrases. Any words or phrases used in this chapter that are not defined in this chapter, Chapter 28.04 (for properties in the Coastal Zone), or either Chapter 30.295 or Chapter 30.300 (for properties in the Inland Zones) of this code shall be construed according to the common meaning of the words and the context of their usage. |
(Ord. 5416, 2007; Ord. 5537, 2010; Ord. 5798, 2017; Ord. 6009, 2021)
§ 22.69.020 Neighborhood Preservation - Single Family Residential Unit Design Review.
A.
Approval required before issuance of permit. No building permit, grading permit, vegetation removal permit, or subdivision grading plan, the application for which is subject to the review of the Single Family Design Board pursuant to this chapter, shall be issued without the approval of the Board or the City Council, on appeal.
B.
Building permits - special design districts.
1.
Mission Area Special Design District and Lower Riviera Survey Area - Bungalow District. Applications for building permits to construct, alter, or add to the exterior of a single-unit residence or a related accessory structure on a lot or lots within the Mission Area Special Design District or the Lower Riviera Survey Area - Bungalow District identified in Section 22.68.060 shall be referred to the Single Family Design Board for design review in accordance with the requirements of this chapter and the approved Single Family Design Board Guidelines.
2.
Hillside Design District. Applications for building permits to construct, alter, or add to the exterior of any lot developed with either a single-unit residence, or a single-unit residence in combination with an Additional Dwelling Unit (Section 28.93.030.E), an Additional Residential Unit (Section 30.295.020.B.2), or an accessory structure on a lot or lots within the Hillside Design District identified in Section 22.68.060 shall be referred to the Single Family Design Board for design review in accordance with the requirements of this chapter and the approved Single Family Design Board Guidelines if either:
C.
Building permits - single-unit residential and additional residential units. Applications for building permits to construct, alter, or add to the exterior of any lot developed with either a single-unit residence, or a single-unit residence in combination with an Additional Dwelling Unit (Section 28.93.030.E), an Additional Residential Unit (Section 30.295.020.B.2), or an accessory structure on any lot shall be referred to the Single Family Design Board for design review in accordance with the requirements of this chapter and the Single Family Design Board Guidelines if the project for which the building permit is sought involves any of the following:
1.
The construction of a new building or structure where any portion of the proposed construction is either: (a) two or more stories tall, or (b) 17 feet or taller in building height (for purposes of this paragraph 1, building height shall be measured from natural grade or finished grade, whichever is lower), or
2.
An alteration to an existing building or structure where any portion of the proposed alteration either: (a) alters the second or higher story of the building or structure, or (b) alters a point on the existing building or structure that is 17 feet or higher in building height (for purposes of this paragraph 2, building height shall be measured from natural grade or finished grade, whichever is lower), or
3.
An addition to an existing building or structure where any part of the proposed addition is either: (a) two or more stories tall, or (b) 17 feet or taller in building height (for purposes of this paragraph 3, building height shall be measured from natural grade or finished grade, whichever is lower), or
4.
The net floor area of all floors of all existing and new buildings on the lot will exceed 4,000 square feet as calculated pursuant to Section 28.15.083 or 30.20.030.A. of this code, or
5.
The project requires a net floor area modification pursuant to Section 28.92.110.A.6 or 30.250.020.E of this code, or
6.
The construction, alteration, or addition of a deck on the second or higher floor (including roof decks) or a balcony on the second or higher floor of any building that will extend perpendicularly more than three feet from the adjacent exterior wall or will be more than seven feet in length in the dimension parallel to the adjacent exterior wall, or
7.
The construction, alteration, or addition of a retaining wall that is six feet or greater in height, or
8.
The construction, alteration, or addition of a wall, fence or gate in the front yard of the lot that is greater than three and one half feet in height, excluding walls, fences, or gates that are constructed along the interior lot lines of the lot, shall be referred to the Single Family Design Board for a review of the proposed wall, fence or gate, or
9.
The installation of a manufactured home, mobile home or factory-built home (as those terms are defined in the California Health and Safety Code), subject to the limitations on review specified in Government Code section 65852.3 et seq., or
10.
The installation of a single-unit residence that was, as a whole or in part, previously located on another lot, or
11.
Grading outside the footprint of the main building on the lot that exceeds either: (i) 50 cubic yards on a lot within the Hillside Design District identified in Section 22.68.060, or (ii) 250 cubic yards on a lot that is not within the Hillside Design District. For purposes of this paragraph 11, soil located within five feet of an exterior wall of a main building that is excavated and recompacted shall not be included in the calculation of the volume of grading outside the main building footprint, or
12.
Projects involving an application for an exception to the covered parking requirements as specified in Section 28.90.100.G.1.c. or 30.175.030.N.1.a.ii. of this code.
13.
Any new buildings, additions, or exterior alterations to existing buildings, resulting in either: (a) detached accessory buildings greater than 500 square feet, or (b) buildings, or portions of buildings, providing covered parking, resulting in three or more covered parking spaces on the lot.
D.
Subdivision grading plans. All subdivision grading plans involving grading on a lot or lots located in any of the One Family Residence Zones (Chapter 28.15) or Single-Unit Residential Zones (Chapter 30.20) of this code shall be referred to the Single Family Design Board for a review of the proposed grading.
E.
Grading permits. Applications for grading permits that propose grading on a vacant lot or lots located within a One-Family Residence Zones (Chapter 28.15) or Single-Unit Residential Zones (Chapter 30.20) of this code or on any lot that is developed with a single-unit residence, or a single-unit residence in combination with either an Additional Dwelling Unit (Section 28.93.030.E), an Additional Residential Unit (Section 30.295.020.B.2) or accessory buildings, and which are not submitted in connection with an application for a building permit for the construction or alteration of a building or structure on the same lot or lots, shall be referred to the Single Family Design Board for a review of the proposed grading.
F.
Vegetation removal permits. Applications for vegetation removal permits pursuant to Chapter 22.10 of this title on a lot or lots located within a One-Family Residence Zone (Chapter 28.15) or a Single-Unit Residential Zone (Chapter 30.20), or on any lot that is developed with single-unit residence, or a single-unit residence in combination with an Additional Dwelling Unit (Section 28.93.030.E), an Additional Residential Unit (Section 30.295.020.B.2), or accessory buildings, shall be referred to the Single Family Design Board for a review of the proposed vegetation removal.
G.
Retaining walls. The following types of retaining wall improvements, if located on a lot or lots within a One-Family Residence Zone (Chapter 28.15) or a Single-Unit Residential Zone (Chapter 30.20), or on any lot that is developed with a single-unit residence, or a single-unit residence in combination with an Additional Dwelling Unit (Section 28.93.030.E), an Additional Residential Unit (Section 30.295.020.B.2), or accessory buildings shall be referred to the Single Family Design Board for design review of the proposed retaining walls in accordance with the requirements of this chapter and the approved Single Family Design Board Guidelines:
H.
Substantial alterations to approved landscape plans. The Single Family Design Board shall review any substantial alteration or deviation from the design, character, plant coverage at maturity, or other improvements specified on an approved landscape plan for any lot within the City of Santa Barbara that is developed with a single-unit residence where the conditions of approval for the development on the lot require the installation and maintenance of trees or landscaping in accordance with an approved landscape plan, whether or not such alteration or deviation to the landscape plan is proposed in connection with an alteration to a building or structure on the lot that is subject to design review by the Single Family Design Board. Whether a proposed alteration or deviation is substantial shall be determined in accordance with the Single Family Design Guidelines.
I.
Minor zoning exceptions. The Single Family Design Board shall review applications for a Minor Zoning Exception whenever it is allowed by Title 30, on any lot that is developed with a single-unit residence or a single-unit residence in combination with Additional Residential Unit (Section 30.295.020.B.2), subject to the criteria and findings in Title 30.
J.
Submittal requirements. Applications for review by the Single Family Design Board shall be made in writing in such form as is approved by the Director of Community Development. No application shall be considered complete unless accompanied by the application fee in the amount established by resolution of the City Council.
K.
Administrative approval. Minor design alterations, as specified in the Single Family Design Guidelines or the Single Family Design Board Guidelines approved by a resolution of the City Council, may be approved as a ministerial action by the Community Development Director without review by the Single Family Design Board. The Community Development Director shall have the authority and discretion to refer any minor design alteration to the Single Family Design Board if, in the opinion of the Community Development Director, the alteration has the potential to have an adverse effect on the architectural or landscape integrity of the building, structure or surrounding property.
L.
Presumption regarding prior grading, tree removal, and construction. There shall be a presumption that any grading, removal of trees, or construction that occurred on the lot within two years prior to the submittal of an application for a building permit to construct, alter, or add to a single-unit residence, an Additional Dwelling Unit (Section 28.93.030.E), an Additional Residential Unit (Section 30.295.020.B.2) or a related accessory structure was done in anticipation of such application, and said activities will be included in determining whether the project is subject to review by the Single Family Design Board pursuant to this chapter. For purposes of this presumption, if the prior work required a permit from the City, the prior work shall not be considered complete unless a final inspection has occurred or a certificate of occupancy has been issued. An applicant has the burden to rebut this presumption with substantial evidence sufficient to convince the Single Family Design Board that such work was not done in an effort to avoid review of the entirety of the project by the Single Family Design Board.
M.
Single family design guidelines. The Single Family Design Guidelines adopted by resolution of the City Council shall provide direction and appropriate guidance to decision makers and City staff in connection with applications reviewed pursuant to this chapter.
(Ord. 5416, 2007; Ord. 5444, 2008; Ord. 5505, 2009; Ord. 5518, 2010; Ord. 5798, 2017)
§ 22.69.030 Alternative Design Review by Historic Landmarks Commission.
A project shall be referred to the Historic Landmarks Commission for review under Section 30.220.020 of this Code if the project is proposed in any of the following locations:
A.
A lot on which a City Landmark or City Structure of Merit is located;
B.
A property on the City's Potential Historic Resources List; or
C.
Any property located within the El Pueblo Viejo Landmark District or another landmark district.
Review by the Historic Landmarks Commission is in lieu of review by the Single Family Design Board under this chapter. |
(Ord. 5416, 2007; Ord. 6119, 2023)
§ 22.69.040 Single Family Design Board Notice and Hearing.
A.
Projects that require a noticed public hearing. Single Family Design Board review of the following projects must be preceded by a noticed public hearing:
1.
New single-unit residence, Additional Dwelling Unit (Section 28.93.030.E) or Additional Residential Unit (Section 30.295.020.B.2);
2.
The addition of over 500 square feet of net floor area to a single-unit residence, an Additional Dwelling Unit (Section 28.93.030.E) or an Additional Residential Unit (Section 30.295.020.B.2);
3.
An addition of a new second or higher story to a single-unit residence, an Additional Dwelling Unit (Section 28.93.030.E), an Additional Residential Unit (Section 30.295.020.B.2), or a related accessory structure;
4.
An addition of over 150 square feet of net floor area to an existing second or higher story of a single-unit residence, an Additional Dwelling Unit (Section 28.93.030.E), an Additional Residential Unit (Section 30.295.020.B.2), or a related accessory structure;
5.
Projects involving an application for a Minor Zoning Exception as specified in Title 30 of this code;
6.
Projects involving grading in excess of 250 cubic yards outside the footprint of any main building (soil located within five feet of an exterior wall of a main building that is excavated and recompacted shall not be included in the calculation of the volume of grading outside the building footprint);
7.
Projects involving exterior lighting with the apparent potential to create significant glare on neighboring parcels; or
8.
Projects involving an application for an exception to the covered parking requirements as specified in Section 28.90.100.G.1.c or 30.175.030.M of this code.
B.
Mailed notice. Not less than 10 calendar days before the date of the hearing required by subsection A above, the City shall cause written notice of the project hearing to be sent by first class mail to the following persons: (1) the applicant, and (2) the current record owner (as shown on the latest equalized assessment roll) of any lot, or any portion of a lot, which is located not more than 300 feet from the exterior boundaries of the lot which is the subject of the action. The written notice shall advise the recipient of the following: (1) the date, time and location of the hearing, (2) the right of the recipient to appear at the hearing and to be heard by the Single Family Design Board, (3) the location of the subject property, and (4) the nature of the application subject to design review.
C.
Additional noticing methods. In addition to the required mailed notice specified in subsection B above, the City may also require notice of the hearing to be provided by the applicant in any other manner that the City deems necessary or desirable, including, but not limited to, posted notice on the project site and notice delivered to non-owner residents of any of the 10 lots closest to the lot which is the subject of the action. However, the failure of any person or entity to receive notice given pursuant to such additional noticing methods shall not constitute grounds for any court to invalidate the actions of the City for which the notice was given.
D.
Projects requiring decisions by the city Council, Planning Commission, or Staff Hearing Officer. Whenever a project requires another land use decision or approval by the City Council, the Planning Commission, or the Staff Hearing Officer, the mailed notice of the first hearing before the Single Family Design Board shall comply with the notice requirements of this section or the notice requirements applicable to the other land use decision or approval, whichever are greater. However, nothing in this section shall require either: (1) notice of any hearing before the Single Family Design Board to be published in a newspaper; or (2) mailed notice of hearings before the Single Family Design Board after the first hearing conducted by the Single Family Design Board, except as otherwise provided in the Single Family Design Board Guidelines adopted by resolution of the City Council.
(Ord. 5416, 2007; Ord. 5444, 2008; Ord. 5518, 2010; Ord. 5798, 2017)
§ 22.69.050 Neighborhood Preservation, Grading and Vegetation Removal Ordinance Findings.
If a project is referred to the Single Family Design Board for review pursuant to Section 22.69.020 and the Single Family Design Board Guidelines, the Single Family Design Board shall make the findings specified below prior to approving the project.
A.
Neighborhood preservation findings. Prior to approval of any project, the Single Family Design Board shall make each of the following findings:
1.
Consistency and Appearance. The proposed development is consistent with the scenic character of the City and will enhance the appearance of the neighborhood.
2.
Compatibility. The proposed development is compatible with the neighborhood, and its size, bulk, and scale are appropriate to the site and neighborhood.
3.
Quality Architecture and Materials. The proposed buildings and structures are designed with quality architectural details. The proposed materials and colors maintain the natural appearance of the ridgeline or hillside.
4.
Trees. The proposed project does not include the removal of or significantly impact any designated Specimen Tree, Historic Tree or Landmark Tree. The proposed project, to the maximum extent feasible, preserves and protects healthy, non-invasive trees with a trunk diameter of four inches or more measured four feet above natural grade. If the project includes the removal of any healthy, non-invasive tree with a diameter of four inches or more measured four feet above natural grade, the project includes a plan to mitigate the impact of such removal by planting replacement trees in accordance with applicable tree replacement ratios.
5.
Health, Safety, and Welfare. The public health, safety, and welfare are appropriately protected and preserved.
6.
Good Neighbor Guidelines. The project generally complies with the Good Neighbor Guidelines regarding privacy, landscaping, noise and lighting.
7.
Public Views. The development, including proposed structures and grading, preserves significant public scenic views of and from the hillside.
B.
Hillside Design District and sloped lot findings. In addition to the findings specified in subsection A above, prior to approval of any project on a lot within the Hillside Design District described in Section 22.68.060 or on a lot or a building site that has an average slope of 15% or more (as calculated pursuant to Section 28.15.080 or 30.15.030 of this code), the Single Family Design Board shall make each of the following findings:
1.
Natural Topography Protection. The development, including the proposed structures and grading, is appropriate to the site, is designed to avoid visible scarring, and does not significantly modify the natural topography of the site or the natural appearance of any ridgeline or hillside.
2.
Building Scale. The development maintains a scale and form that blends with the hillside by minimizing the visual appearance of structures and the overall height of structures.
C.
Grading findings. In addition to any other applicable findings specified in this section, prior to approval of any project that requires design review under Section 22.69.030 of this chapter, the Single Family Design Board shall make each of the following findings:
D.
Vegetation removal findings. In addition to any other applicable findings specified in this section, prior to approving a vegetation removal permit that requires design review under Section 22.69.030 of this chapter, the Single Family Design Board shall make each of the following findings:
(Ord. 5416, 2007; Ord. 5444, 2008; Ord. 5798, 2017)
§ 22.69.055 Green Building Standard for Large Residences.
If a project proposes more than 500 square feet of new net floor area (new construction, replacement construction, or additions), and the net floor area of all existing and new buildings on the lot resulting from the application will exceed 4,000 square feet of net floor area as calculated pursuant to Chapter 28.04, all new square footage (new construction, replacement construction, or additions) proposed as part of the project shall meet or exceed a three-star designation under the Santa Barbara Contractors' Association Built Green program or equivalent standards under another green construction program recognized by the City.
(Ord. 5518, 2010)
§ 22.69.060 Single Family Design Board Referral to Planning Commission for Comments.
A.
Planning Commission comments. When the Single Family Design Board determines that a project is proposed for a site which is highly visible to the public, the Board may, prior to granting preliminary approval of the application, require presentation of the application to the Planning Commission solely for the purpose of obtaining comments from the Commission regarding the application for use by the Single Family Design Board in its deliberations.
(Ord. 5416, 2007)
§ 22.69.070 Special Design District - Lower Riviera Survey Area (Bungalow District).
A.
Special Design District area map - Lower Riviera Survey Area - Bungalow District. Applications for building permits to construct, alter, or add to single-unit residential development or related accessory buildings or structures on lots located within the "Lower Riviera Survey Area - Bungalow District" established pursuant to Section 22.68.060 shall be subject to design review in accordance with the requirements of this section as follows:
B.
Review of building permit applications. Applications for building permits to construct, alter, or add to single-unit residential development on lots located within the Bungalow District shall be referred to the Community Development Director for review to determine if the application constitutes a project to demolish the structure. For the purposes of this section, a "demolition" shall be as defined in Section 30.300.080. Such a determination shall be made by the Community Development Director in writing within 30 days of the date of the original permit application. If the Community Development Director determines that the property is eligible for listing on the City's Potential Historic Resources list, the application shall be referred to the Historic Landmarks Commission for determination of the historical significance of the buildings or structures pursuant to Section 30.157.110. If it is determined that the property is not eligible for listing on the City's Potential Historic Resources list, and the Community Development Director determines that the application does constitute an application to demolish the structure, such application shall be referred to the City's Single Family Design Board for review by the Board in accordance with the requirements of this section. If the Community Development Director determines that the application does not constitute a demolition under the terms of this section, the building permit shall be issued upon compliance with the otherwise applicable requirements of this code for appropriate and required design and development review.
C.
Review of Bungalow District demolition applications by the Single Family Design Board. An application referred to the Single Family Design Board pursuant to subsection B above shall be reviewed by the Board in accordance with the hearing, noticing, and appeal procedures established in Sections 22.69.040 and 22.69.080. An application referred to the Single Family Design Board pursuant to subsection B above shall not be approved unless the Single Family Design Board makes all of the following findings with respect to that application:
1.
That the demolition will not result in the loss of a structure containing a primary feature or features of Bungalow or Arts and Crafts style residential architecture, which features are worthy of or appropriate for historical preservation;
2.
That the demolition will not result in the loss of a structure which, although not eligible as a City Historic Resource, is a prime example of the Bungalow or Arts and Crafts style residential building appropriate for historical preservation;
3.
That the demolition will not result in the loss of a structure which is prominent or which is a prime example of the Bungalow or Arts and Crafts style residential architecture for which this neighborhood is characterized or known.
D.
Single Family Design Board conditional approval of demolition within the Bungalow District.
1.
Notwithstanding the above-stated requirement for appropriate demolition findings, the Single Family Design Board may approve a demolition application within the Bungalow District if the Board conditions the demolition permit such that any proposed future development of the real property upon which the structure or structures are located must comply with express conditions of approval designed to preserve certain existing architectural features or buildings, as determined appropriate by the Board.
2.
Such conditions may provide that any future development of the property involved must either incorporate the existing structures, in whole or in part, into the new development, or it must preserve certain features or aspects of the existing structures or of the site such that these features are incorporated into any future development of the real property, either through the preservation of the building or feature or its replication in the new development, as may be determined appropriate by the Board.
3.
Such conditions of approval shall be prepared in written format acceptable to the Community Development Director and the City Attorney and shall be recorded in the official records of Santa Barbara County with respect to the involved real property prior to issuance of any building permit for said demolition such that these conditions shall be binding on all future owners of the real property as conditions imposed on any new development for a period of 20 years after the conditional approval of the original demolition application and the completion of the demolition.
E.
Review of new development within the Bungalow District by Single Family Design Board. Applications for building permits to construct new single-unit residential development on lots located within the Bungalow District shall be referred to the Single Family Design Board for development plan review and approval in accordance with the public hearing, noticing and appeal requirements of Sections 22.69.040 and 22.69.080.
F.
Bungalow District findings. The Single Family Design Board shall not approve a new single-unit residential development within the Bungalow District unless it makes both of the following findings:
1.
Express conditions of approval have been imposed on the proposed development which appropriately incorporate the existing structures or architectural features or other aspects of these structures (or of the site involved) into the new development, or these structures, features or aspects will be appropriately replicated in the new development; and
2.
The proposed development will not substantially diminish the unique architectural style and character of the Bungalow District as a residential neighborhood of the City.
G.
Guidelines for Special Design District. The Lower Riviera Special Design District Guidelines adopted by resolution of the City Council shall provide direction and appropriate guidance to the decision makers and City staff in connection with the review of applications filed pursuant to this section.
(Ord. 5416, 2007; Ord. 5798, 2017)
§ 22.69.080 Appeals to Planning Commission - Notice and Hearing.
A.
Procedure for appeal. Any action of the Single Family Design Board to approve, conditionally approve, or deny project design approval or project final approval subject to this chapter shall be appealable to the Planning Commission under the provisions of subsection B of Section 30.205.150 of this Code and subsections B and C of this section. Notwithstanding Section 30.205.150, subsection A.3, and Section 1.30.050 of this Code, the Planning Commission decision on appeal shall be final subject only to judicial review as provided in Section 1.30.020.
B.
Notice of appeal. Notice of the public hearing before the Planning Commission on an appeal from a decision of the Single Family Design Board made pursuant to this chapter shall be provided in the same manner as notice was provided for the hearing before the Single Family Design Board.
C.
Planning Commission decision - limits on new evidence. The Planning Commission will decide the appeal in the exercise of its independent judgment based upon the record of the proceedings of the Single Family Design Board. New evidence will not be considered unless the Planning Commission determines by a majority vote at the hearing on the appeal that relevant evidence exists that, in the exercise of reasonable diligence, could not have been produced or was improperly excluded at the hearing before the Single Family Design Board.
(Ord. 5416, 2007; Ord. 6004, 2021; Ord. 6119, 2023)
§ 22.69.090 Expiration of Project Design Approvals.
A.
Project design approval.
1.
Approval Valid for Three Years. A Project Design Approval issued by the Single Family Design Board or the Planning Commission on appeal shall expire if a building permit for the project is not issued within three years of the final decision approving or conditionally approving the Project Design Approval.
2.
Extension of Project Design Approval. Upon a written request from the applicant submitted prior to the expiration of the Project Design Approval, the Community Development Director may grant one two-year extension of a Project Design Approval.
B.
Exclusions of time. The time period specified in this chapter for the validity of a Project Design Approval shall not include any period of time during which either of the following applies:
(Ord. 5416, 2007; Ord. 5518, 2010; Ord. 5537, 2010; Ord. 6119, 2023)
§ 22.70.010 General Provisions.
A.
Title. This chapter shall be known and cited as the "Sign Ordinance of the City of Santa Barbara."
B.
Purpose and Intent. The City of Santa Barbara has a national and international reputation as a community of natural beauty, distinctive and historic architecture and historic tradition. Signs have a strong visual impact on the character and quality of the community. As a prominent part of the scenery, they attract or repel the viewing public, affect the safety of vehicular traffic, and their suitability or appropriateness helps to set the tone of the neighborhood. Since the City of Santa Barbara relies on its scenery and physical beauty to attract tourists and commerce, aesthetic considerations assume economic value. It is the intent of the City of Santa Barbara, through this chapter, to protect and enhance the City's historic and residential character and its economic base through the provision of appropriate and aesthetic signing. In addition, it is the intent of the City to limit the size, type and location of signs in order to minimize their distracting effect on drivers and thereby improve traffic safety.
In view of these facts, the City of Santa Barbara adopts the policy that the sign should serve primarily to identify an establishment, organization or enterprise and protect the constitutionally guaranteed right of free speech. As identification devices, signs must not subject the citizens of the City to excessive competition for their visual attention. As appropriate identification devices, signs must harmonize with the building, the neighborhood and other signs in the area.
C.
Compliance with Chapter. It is unlawful for any person to construct, maintain, display or alter or cause to be constructed, maintained, displayed or altered, a sign within the City of Santa Barbara except in conformance with this chapter. These requirements apply to proposed signs in addition to all applicable provisions of the California Outdoor Advertising Act (Business and Professions Code Section 5200 et seq., and California Administrative Code Title 4, Section 2240 et seq.).
§ 22.70.020 Definitions.
As used in this chapter, the following terms and phrases shall have the indicated meanings:
A sign located on a parcel of land or on a structure either of which is vacant for a period of 90 days or where the establishment to which the sign is attached has ceased operation and where it is clear that the sign has been forsaken or deserted.
A separate unit displaying information related to the principal business conducted on the premises, which is not attached to or supported by any other sign, and not made a part thereof.
Any window frame, recessed area, door, detail or other feature that is part of any building, or is a specific element of a recognized style of architecture.
Any sign or graphic attached to, painted on or applied to an awning or awning canopy.
Any internally illuminated sign with opaque, reverse pan channel, halo-lit letters and elements with concealed light sources in which the light projects away from the viewer.
A lighter-than-air or inflated object no larger than 18 inches in any dimension.
A bunting or other flexible sign characteristically supported at two or more points and hung on a building or otherwise suspended down or along its face, or across any public street of the City. The banner may or may not include copy or other graphic symbols.
Any sign painted on or otherwise attached to a bench or other seat placed in an exterior area.
Static or revolving freestanding sign that identifies or communicates a commercial message related to an activity conducted, a service rendered, or a commodity sold at a location other than where the sign is located. This includes, but is not limited to, building graphics, supergraphics, building wraps, and wall drop signs containing off-site messages, and billboards painted or applied to building walls. The terms "billboard" and "off-premises sign" may be used interchangeably to mean the same thing.
A sign, other than a commercial sign, posted to advertise or provide direction to a civic event sponsored by a public agency, the City, a school, church, or a documented not-for-profit organization that is open to the public, and does not include the sale of goods or services.
A message on a sign, or portion of a sign, that promotes, informs, or proposes an economic transaction, primarily concerns the economic interests of the sign sponsor and/or audience, or is intended to further discuss in the marketplace of goods and services.
Any message, the prevailing thrust of which is to propose a commercial transaction.
Any non-residential grouping of structures or uses occupied by four or more tenants which are connected by architectural treatment, shared access roads, and/or a commonality of use.
A sign that displays still images, scrolling images, or moving images, including video or animation, through a series of grid lights, including cathode ray, light emitting diode display, liquid crystal display, plasma screen, fiber optic, or other electronic media or technology, where the display can be changed through electronic means. The definition of digital display does not include time and temperature signs or electronic signs placed in the right-of-way that function as traffic control devices.
The projecting lower edges of a roof overhanging the wall of a building.
A non-commercial sign pertaining to an election for public office or to a ballot measure to be placed before the voters in a federal, state or local election.
To build, construct, attach, hang, place, suspend, affix, fabricate (which shall also include painting of wall signs and window signs or other graphics), or project light in a manner that creates a projected light sign.
The front of a building or structure facing a street.
A piece of fabric of distinctive design (customarily rectangular or square) that is used as a symbol of a nation, state, city, agency, corporation or person, or as a signaling device, and is usually displayed hanging free from a staff or halyard to which it is attached by one edge.
The width of any face of a building.
A sign which is supported by one or more uprights or braces on the ground, the overall total height of which does not exceed: (1) six feet above grade measured at the edge of the public right-of-way; or (2) six feet above the base of the sign structure when the grade at the public right-of-way is at least three and one-half feet lower than the grade at the base of the sign, whichever is higher. In no case shall an artificial grade be established for the sole purpose of placing a sign at more than six feet above the grade at the edge of the public right-of-way.
A sign attached to and located below any eave, roof, canopy, awning, or wall bracket.
A sign which serves to identify the name, address and lawful use of the premises upon which the sign is located. This includes signs indicating the name of residents on residential uses.
A physical sign that is illuminated internally or from an exterior light source. An illuminated sign is distinguished from a projected light sign by the fact that a projected light sign uses light to create the sign rather than using light to illuminate a sign of physical material.
A lighter-than-air or inflated object tethered or otherwise attached to the ground, structure or other object. This definition includes, but is not limited to, inflated representations of blimps, products, cartoon characters, animals and the like. Balloons are a distinct subset of inflatable signs.
A sign that is limited to a message giving directions, instructions, menus, selections or address numerals.
A small, freestanding structure permanently affixed to the ground, requiring a building permit, which may have one or more surfaces used to display temporary advertising signs.
The height of a letter from its bottom to its top, including any shadow line.
A device for providing artificial light on the sign surface.
Pre-fabricated signs bearing a brand name, registered trademark or logo with space for the name of a local business or occupant or other items of information to be applied thereto or erected thereon.
Any sign attached to a marquee.
A permanent roof structure attached to and entirely supported by a wall of a building, having no connection or relationship with the roof of the building to which it is attached.
A sign on a boat or on a vehicle, other than on a public transit vehicle designed to carry at least 19 passengers, advertising a good, service, or entity other than that for which the boat or vehicle is principally used.
A painting or picture applied to and made part of a wall or window which may be pictorial or abstract, and is characteristically visually set off or separated from the background color or architectural environment.
A message or image on a sign that directs public attention to or advocates an idea or issue of public interest or concern that does not serve to advertise or promote any business, product, service, or entertainment.
Any message which is not determined to be commercial speech as defined herein.
A commercial sign not located on the premises of the business or entity indicated or advertised by said sign, or a commercial sign advertising a commodity, service or entertainment offered at a location other than the location of the sign.
A low wall used to protect the edge of a roof from view, also called a parapet wall.
Any sign or other graphic attached to a parapet, ramada, pergola, or other similar structure.
A small triangular or rectangular flag or multiples thereof, individually supported or attached to each other by means of a string, rope, or other material, and meant to be stretched across or fastened to buildings, or between poles and/or structures.
A structure usually consisting of parallel colonnades supporting an open roof of girders and cross-rafters, also known as an arbor, trellis or ramada.
Any sign, other than a ground sign, supported by one or more uprights or braces on the ground, the height of which is greater than a ground sign, and which is not part of any building or structure other than a structure erected solely for the purpose of supporting a sign.
A sign or advertising device that rests on the ground and is not designed to be permanently attached to a building or permanently anchored to the ground. Portable sign types include A-frame or sandwich board signs, but do not include temporary banners, flags, streamers, balloons, and similar signs made of nonpermanent materials.
A projection of light onto a physical surface in a manner designed to communicate a message by creating a variable intensity of light on the physical surface in the form of letters, shapes, or symbols.
Any sign which projects from and is supported by a wall of a building with the display surface of the sign perpendicular to the building wall.
Land or asset owned by the City of Santa Barbara.
A sign erected upon or on any area that is defined as part of the roof of a building pursuant to this chapter.
The cover of any building, including the eaves and similar projections. False roofs on store fronts, coverings on or over oriels, bay windows, canopies and horizontally projecting surfaces other than marquees shall be considered roofs.
Any form of visual communication including any physical object, projection of light, digital display, or open flame (with or without lettering, a symbol, logo) used to announce, declare, demonstrate, display, or otherwise present a message to or attract the attention of the public. A sign may include a commercial or non-commercial sign. A sign includes all parts, portions, units and materials used in constructing the sign, together with the illumination, frame, background, structure, support and anchorage thereof. A mural is not a sign.
Any sign that is to be maintained for a period of time not exceeding 30 consecutive days, including paper signs and other signs that are not permanently affixed to the ground or building.
A machine or other mechanical device or container that dispenses a product or service through a self-service method of payment, but not including an automatic bank teller machine incorporated within a wall or a façade of a building; a newsrack; a machine dispensing fuel, compressed air, or water at an automobile service station; or a public telephone.
Any sign affixed directly to or painted on or otherwise inscribed on an exterior wall or solid fence, the principal face of which is parallel to said wall or fence and which projects from that surface no more than 12 inches at all points.
A sign that is attached to, affixed to, leaning against, or otherwise placed within six feet of a window in a manner so as to present a message to or attract the attention of the public on adjoining streets, walkways, malls or parking lots available for public use.
(Ord. 4101, 1981; Ord. 4259, 1984; Ord. 4484, 1987; Ord. 4860, 1994; Ord. 4917, 1995; Ord. 5236, 2002; Ord. 5549, 2011; Ord. 5552, 2011; Ord. 6184, 7/29/2025)
§ 22.70.030 Sign Regulations.
A.
Permit Required. It is unlawful for any person to erect, repair, alter, relocate or maintain any sign within the City, or to direct or authorize another person to do so, except pursuant to a sign permit obtained as provided in this Chapter, unless the sign is specifically exempted from permit requirements by the provisions of this Chapter. No permit shall be required for repainting, cleaning, or other normal maintenance and repair of a sign unless the structure, design, color or character is altered.
B.
Exempt Signs. The following signs shall be allowed without a sign permit and shall not be included in the determination of type, number, or area of signs allowed on a building or parcel:
1.
A non-commercial on-site sign not exceeding six square feet total for each lot in residential zones and 24 square feet total for each lot in nonresidential zones. Such a sign shall be erected only with the permission of the property owner or tenant and must comply with all requirements of a legally conforming sign pursuant to this chapter.
2.
Any official federal, state, or local government sign.
3.
Notices issued by any court, person or officer in performance of a public duty; notices posted by a utility or other quasi-public agency; or other signs required or authorized by law.
4.
Any temporary sign warning of construction, excavation, or similar hazards so long as the hazard exists.
5.
One temporary construction sign, provided the sign: (i) does not exceed six square feet in the one-family and two-family residential zones (Chapters 28.15 and 28.18) or the single unit and two-unit residential zones (Chapter 30.20) and does not exceed 24 square feet in all other zones; (ii) is used only to indicate the name of the construction project and the names and locations (city or community and state name only) of the contractors, architects, engineers, landscape designers, project or leasing agent, and financing company; (iii) is displayed during construction only; (iv) does not exceed the height limitations of a ground sign; and (v) meets all other applicable restrictions of this chapter.
6.
Any temporary sign relating to Fiesta, Solstice, Juneteenth, or any official City holiday except banners, blinking lights, or signs and any related lighting that require a building, electrical, or other permit. Any such decorations or displays and any related lighting must be removed within 10 days following the event for which they were erected.
7.
A sign consisting of a display of balloons for any single business or residence must be displayed at a height which is not above the roof ridge line of the main building or 15 feet, whichever is lower.
8.
A temporary real estate sign which indicates that the property is for sale, rent, or lease. Only one such sign is allowed on each street frontage of the property. A temporary real estate sign may be displayed only for such time as the lot or any portion of the lot is actively offered for sale, rent, or lease. Such a sign may be single-faced or double-faced and is limited to a maximum area on each face of four square feet or less on property in residential zones and 12 square feet or less on property in nonresidential zones. Signs allowed pursuant to this exemption shall not exceed the height limitations of a ground sign (six feet).
9.
Signs prohibiting trespassing and other incidental signs conveying noncommercial messages essential to the proper operation of the site such as "exit only" or similar messages.
10.
One identification sign of no more than one square foot for a residence.
11.
Any parking lot or other private traffic directional sign not to exceed two square feet in area having black letters on a white or building color background, and limited to guidance of pedestrian or vehicular traffic within the premises.
12.
Any informational commercial signs within the premises of a place of business located at the opening in the façade of the business or at least 10 feet back from any window provided the sign: (i) is in a nonresidential zone; (ii) has an aggregate area (when combined with all other similar signs on the parcel) of not more than one and one-half square feet at each public entrance nor more than five square feet total; (iii) indicates address, hours and days of operation, whether a business is open or closed, credit information, and emergency address and telephone numbers. Lettering shall not exceed two inches in height except for street numbers. Neon or light-emitting diode (LED) signs with the text "open" may be erected under this exemption subject to the following conditions: (i) no more than one such sign may be erected per business; (ii) the letter height of any such sign shall not exceed six inches and the overall height of the sign shall not exceed 12 inches; and (iii) such signs are not allowed in El Pueblo Viejo, unless the sign is located inside the building and at least 10 feet back from any window or other opening in the façade of the building.
13.
Any street name and address stamped or painted on a sidewalk or curb.
14.
Any civic event sign, except a banner. Such a sign shall be removed within 24 hours after the time of the event, shall not exceed 24 square feet in size and may be erected for a period not to exceed five days out of any 30-day period. Only one such sign shall be erected per lot.
15.
Temporary Open House Signs. One on-site open house sign may be erected on each street frontage of the property that is for sale. Each face of an on-site open house sign shall have an area of three square feet or less, and the height of the on-site open house sign, including the supporting structure, shall not exceed four feet. Open house signs erected pursuant to this exemption shall contain only the address of the property where the open house is being held and the name of the real estate agent and/or real estate agency or party holding the open house. Open house signs may be single-faced or double-faced. Open house signs shall be erected and removed on the day the open house is held. Open house signs shall not be fastened or attached in any way to a building façade or architectural element.
16.
Any sign on a telephone booth or newsrack, provided the sign: (i) identifies only the product contained therein or displays operating instructions; and (ii) the lettering does not exceed two inches in height.
17.
The official flag of a government, governmental agency, public institution, religion, corporation, business, or other similar entity; and temporary displays of patriotic, religious, charitable, civic character. Only one flag pole with a maximum height of 25 feet and with a maximum dimension on the flag of eight feet and which is not attached to the building shall be exempt.
18.
Temporary window signs, except banners, not exceeding four square feet or 15% of the window area of each façade, whichever is greater. For windows which are more than 25 feet from the public right-of-way, such signs shall not exceed 25% of such window area. No temporary window signs on a building or parcel shall be displayed for more than 30 consecutive days nor more than a total of 60 days per calendar year. Signs erected pursuant to this exemption shall not be illuminated. Unless specifically exempt pursuant to this subsection B, any illuminated sign erected within 10 feet of a window, door, or other opening in the façade of a building in a manner so as to present a message to or attract the attention of the public on adjoining streets, walkways, malls, or parking lots available for public use shall require a permit.
19.
Signs specifically required by federal, state, or City law, of the minimum size required.
20.
Signs on the air operation side of the Santa Barbara Municipal Airport which are designed and oriented to provide information to aircraft.
21.
A sign, such as a menu, which: (i) shows prices of goods or services not on window display to the public; (ii) does not exceed 24 inches by 18 inches; (iii) has letters and numbers not exceeding three-quarters of an inch in height; and (iv) is located on a wall or in a window.
22.
Signs on public transit vehicles designed to transport at least 19 passengers. No more than one sign may be displayed on each side of these vehicles, except as approved by the Sign Committee.
23.
Temporary "Garage Sale" or other similar signs located only on the premises upon which the sale is occurring.
24.
Digital displays on gasoline pumps, provided the digital displays conform to all of the following standards:
a.
Each digital display shall not measure more than 26 inches on the diagonal;
b.
Each digital display is integrated into the face of the gasoline pump and is not a stand-alone display;
c.
No more than one digital display is erected on each face of a gasoline pump;
d.
The luminance of each digital display shall not exceed 1500 nits;
e.
Any audio associated with a digital display shall not exceed 65 dB, measured at the nearest property line, between the hours of 7:00 a.m. and 10:00 p.m., and 55 dB, measured at the nearest property line, between the hours of 10:00 p.m. and 7:00 a.m.; and
f.
No digital display shall be installed within 25 feet of any property zoned exclusively for residential use.
25.
Digital displays on automated teller machines (ATMs), provided: (i) the digital display only displays the name of the financial institution that operates the ATM and the instructions for operating the ATM; and (ii) the lettering does not exceed two inches in height.
26.
Off-Site Signs. A temporary off-site sign may be placed within the public right-of-way only in compliance with all the following requirements:
b.
Sign may be placed only on weekends during the 42-hour period from 6:00 a.m. Saturday to Sunday 11:59 pm.
c.
Signs shall not be placed in a manner that obstructs a sidewalk, curb ramp, or other pedestrian path of travel.
d.
Signs must not extend higher than 42 inches above the ground and must not have an area greater than six square feet.
e.
Signs must be free standing and not attached or locked to trees, signs, utility poles, or street furniture.
f.
Off-site signs are prohibited within the boundaries of the El Pueblo Viejo Landmark district due to the high pedestrian traffic and lack of parkway space.
g.
The City may remove any signs placed in the in violation of any of the requirements of this section. Any signs removed by the City will be stored by the City. The owner of any removed sign may retrieve a removed sign within 90 days from the date of removal. After 90 days, the City may destroy or dispose of any unclaimed sign.
C.
Prohibited Signs. In addition to any sign not conforming to the provisions of this chapter, the following signs are prohibited:
1.
The City has a compelling interest in ensuring traffic and public safety. To directly advance that interest, this chapter prohibits any signs that include the following:
a.
Any sign which, by color, shape, working, or location, resembles or conflicts with any traffic control sign or device.
b.
Signs attached or placed adjacent to any utility pole, traffic sign post, traffic signal, historical marker, or any other official traffic control device.
c.
Any sign, except as may be required by other code or ordinance, placed or maintained so as to interfere with free ingress or egress from any door, window, or fire escape.
d.
Signs that rotate, move, glare, flash, reflect.
e.
Signs that create a hazard by obstructing clear views of pedestrian and vehicular traffic.
f.
Signs that impede normal pedestrian use of public sidewalks.
2.
Signs erected on public or private property without the permission of the property owner.
3.
Signs Erected in the Public Right-of-Way. Other than official government signs or hazard or prohibition signs required by law, or the exception allowed under Section 22.70.030.B.26, no sign can be placed in or project into the public right-of-way. This prohibition does not apply to other public agencies placement of signs in the course and scope of their professional duties such as the California Department of Transportation.
4.
Billboards or off-premises signs.
5.
Any sign that contains obscene matters, as defined in Section 311 of the Penal Code of the State of California or incites violence or promotes other illegal activity.
6.
Signs on awnings or canopies except on the valance.
7.
Portable signs.
8.
Mobile signs.
9.
Any sign (generally known as a "snipe sign") tacked, nailed, posted, pasted, glued, or otherwise attached to trees, poles, stakes, fences, or the exterior of a building or other structure, where the information appearing thereon is not applicable to the present use of the premises upon which such sign is located. Whenever a sign is found so placed, the same shall constitute prima facie evidence that the person benefited by the sign placed or authorized the placement of the sign.
10.
Bench signs.
11.
Banners, including any banner inside a building that is attached to, leaning against, or otherwise placed within 10 feet of a window, door, or other opening in the façade of the building in a manner so as to present a message to or attract the attention of the public on adjoining streets, walkways, malls or parking lots available for public use.
12.
Roof signs and any other graphics which extend, wholly or in part, above the eave line of the structure to which it is attached.
13.
Any parapet or pergola sign placed above or partially above the parapet or pergola.
14.
Logo signs with courtesy panels.
15.
Pennants.
16.
Signs which cover or interrupt architectural features.
17.
Historical markers placed on the structure, tree or other historical monument itself, except as approved by the Historic Landmarks Commission.
18.
Pole signs.
19.
Exposed cabinet/raceways behind channel letters.
20.
Inflatable signs, except for balloon displays exempted by this chapter.
21.
Unless otherwise exempted by this chapter, digital displays, including any digital display inside a building that is attached to, leaning against, or otherwise placed within 10 feet of a window, door, or other opening in the façade of the building in a manner so as to present a message to or attract the attention of the public on adjoining streets, walkways, malls or parking lots available for public use.
D.
General Requirements.
1.
No sign, other than a sign installed by a public agency, shall be allowed to be erected, installed, placed or maintained in or on any public property, including sidewalks and parkways.
2.
Any sign which is supported by more than one means and therefore cannot be clearly defined as a ground, marquee, wall, roof, projecting or other sign shall be administratively assigned to the sign category most logically applicable and be subject to the corresponding standards.
3.
Accessory signs will be considered only if they are designed in conjunction with or made an integral part of the signing existing on the subject building or project. Said signs shall not exceed 25% of the building's total signage.
4.
A temporary window sign in excess of four square feet, or 15% of the window area of each façade, whichever is greater, requires a permit, unless the sign is otherwise exempt from the permit requirements of this chapter. For a window which is more than 25 feet from the public right-of-way, such a sign shall not exceed 25% of the window area. Such signs shall not be displayed for more than 30 consecutive days nor for more than a total of 60 days per calendar year. Unless specifically exempted in subsection B of this section, all illuminated signs erected within 10 feet of a window, door, or other opening in the façade of a building in a manner so as to present a message to or attract the attention of the public on adjoining streets, walkways, malls, or parking lots available for public use shall require a permit.
5.
Only one face of a double-faced sign with parallel opposing faces, and bearing identical copy or language translation, shall be used in computing the area of a sign. Signing and illumination shall be on two opposing faces only.
6.
In order to calculate the size of a sign, the following provisions apply:
a.
If the sign is enclosed by a box or outline, the area of the sign includes that portion of the sign comprised of said box or outline.
b.
If the sign consists of individual letters attached directly to the building or wall, the size is calculated by drawing a rectangle around each line of copy.
c.
If the sign is a ground sign, the base or support structure shall be included in calculating the height of the sign.
7.
If a building consists of two or more above-ground stories, no sign shall be allowed more than five feet, six inches above the second floor line or in conformance with subsection D.11 below, where applicable.
8.
Prior to issuance of a sign permit, a ground sign shall be approved by the traffic engineer to ensure that placement of the sign would not adversely affect traffic or pedestrian safety.
9.
A non-temporary window sign shall be not larger than 25% of the window area of the façade on which it is displayed.
10.
A wall sign may be attached flat against or pinned away from the wall. A wall sign placed in the space between windows on the same story shall not exceed more than two-thirds of the height of the window, or major architectural details related thereto. A wall sign placed between windows on adjacent stories shall not exceed two-thirds the height of the space between said windows.
11.
A projecting or hanging sign must clear the nearest sidewalk by a minimum of seven feet and may project no more than four feet into the public right-of-way. Such a sign for a business in the second story of a building is allowed only if the business has a separate street or public parking lot entrance and may be placed at the entrance only.
12.
A device displaying time or temperature is permitted in all zones except residential zones and designated historic districts, subject to the provisions herein regulating various types of signs. Such devices are limited to one per block. Only a logo is allowed to appear on the same structure as such a device.
13.
A kiosk is permitted in all nonresidential zones, subject to approval by the Sign Committee and: (i) the Historic Landmarks Commission if within El Pueblo Viejo Landmark District or another landmark district; or (ii) the Architectural Board of Review in other parts of the City.
14.
A relocated sign shall be considered to be a new sign, unless the relocation is required by a public agency as a result of a public improvement, in which case approval shall be obtained only for the new location and base of the sign.
15.
Except as otherwise stated in this chapter, letter height shall be limited to a maximum of 12 inches, except where it can be found that said letter size is inconsistent with building size, architecture and setback from the public right-of-way.
16.
A ground sign which exceeds six square feet in area shall not be located within 75 feet of any other ground sign.
17.
All signs on parcels immediately adjacent to El Pueblo Viejo Landmark District are subject to El Pueblo Viejo regulations.
18.
Gas pricing signs, as required by state law, which identify the brand, types, octane rating, etc., of gasoline for sale within the City. The Committee retains the ability to review any signage beyond state law on advertising and labeling requirements.
E.
Administrative Guidelines. The Community Development Director or their designee may prepare administrative guidelines for implementation of this chapter. The administrative guidelines may include additional terms and requirements for the submission of applications, and issuance of permits that are consistent with the provisions of this chapter. The administrative guidelines and amendments thereto shall become effective upon approval by the City Administrator. All such administrative guidelines must be in writing and made available on the Community Development Department's City website.
(Ord. 4259, 1984; Ord. 4338, 1985; Ord. 4382, 1986; Ord. 4484, 1987; Ord. 4850, 1994; Ord. 4860, 1994; Ord. 4917, 1995; Ord. 5236, 2002; Ord. 5549, 2011; Ord. 5552, 2011; Ord. 5798, 2017; Ord. 6184, 7/29/2025)
§ 22.70.040 Sign Standards.
A.
General Requirement. All signs shall conform to the following standards.
1.
Residential Uses. The following sign standards shall apply to any residential use in any zone in the City:
a.
An apartment or condominium project identification sign identifying an apartment or condominium complex by name or address. One such sign shall be allowed for each complex, shall not exceed 10 square feet in size if less than 25 units, nor 25 square feet if larger than 25 units, and shall not be internally illuminated.
b.
The Sign Committee may authorize one ground sign or wall sign, not to exceed an area of 24 square feet, to identify a neighborhood or subdivision, other than an apartment or condominium project, at the entrance to such subdivision or neighborhood. Such sign shall not be internally illuminated.
c.
Any existing legal nonconforming use in a residential zone may have one-half the number and size of signs as are allowed in commercial zones.
2.
Office Uses. The following sign standards shall apply to office uses in any zone:
a.
The aggregate area for all signs identifying a building or complex shall not exceed one-half square foot of sign area per linear foot of building frontage or 20 square feet, whichever is less.
b.
Establishments within an office building or complex may collectively place a directory sign at each public entrance to said building listing establishments within.
3.
Commercial, Office and Industrial Center. The following sign standards shall apply to commercial and industrial uses, including hotels and motels in any zone:
a.
The total area for all signs identifying a business shall not exceed the following:
(1)
For a dominant building frontage up to 100 linear feet, one square foot of sign area per linear foot of building frontage, or 65 square feet, whichever is less.
(2)
For a dominant building frontage with more than 100 linear feet, three-quarters square foot of sign area per linear foot of dominant building frontage or 90 square feet, whichever is less.
(3)
For a building occupied by more than one tenant, the dominant building frontage for each business is that portion of the building elevation adjacent to the business. For a business which is not on the ground floor, one-half square foot of sign area per linear foot of dominant building frontage is permitted.
b.
For a commercial or industrial complex containing four or more occupants, the following sign standards apply:
(1)
One sign per frontage to identify the commercial or industrial complex, allowing one square foot of sign area per linear foot of complex frontage or 75 square feet, whichever is less, on the dominant façade.
(2)
For each individual business with frontage on a public street or parking lot, one-half square foot of sign area per linear foot or 25 square feet, whichever is less.
(3)
One directory sign not exceeding 10 square feet in size may be allowed at each public entrance.
B.
El Pueblo Viejo Landmark District. Signs in El Pueblo Viejo Landmark District (EPV) shall contribute to the retention or restoration of the historical character of the area. In addition to the other standards and restrictions in this chapter, signs in EPV shall comply with the following:
1.
Colors shall be consistent with the El Pueblo Viejo Landmark District design standard styles specified in Chapter 30.57.
2.
The typeface used on all signs in EPV shall be consistent with the El Pueblo Viejo Landmark District design standard styles specified in Chapter 30.57, except that where the business logo or trademark uses a particular typeface, it may be used.
3.
Letter height shall be limited to a maximum height of 10 inches, except where it can be found that said letter size is inconsistent with building size, architecture, and setback from the public right-of-way.
4.
No internally illuminated signs, except back-lit signs, are allowed. Traditional materials and methods are to be used as defined in Chapter 22.70 and described in subsection B.5 below. Internally illuminated projecting cabinet signs are prohibited.
5.
The choice of materials is left to the discretion of the applicant, subject to the approval of the Sign Committee; however, the following materials and/or methods are acceptable and desirable:
a.
Sign face, supports, and standards made of resawn or rough sawn wood and/or wrought iron with painted or stained backgrounds and lettering.
b.
Sign face, supports, and standards made of smooth wood trimmed with moldings of historically based design and lettering.
c.
Signs painted directly on the face of the building.
d.
Projecting signs.
e.
Use of wood cutouts, wrought iron, or other metal silhouettes further identifying the business.
f.
Glass.
g.
Lighting standards and style typical of the building's architecture and period.
h.
Flush or inset mounted signs of tile or stone.
6.
The following materials and details are not acceptable:
a.
Contemporary finish materials such as plastics, aluminum, and stainless steel.
b.
Imitation wood or imitation marble.
c.
Fluorescent paint.
d.
Spot lights, neon tubing, and exposed electrical conduits on the exterior of any building or structure.
e.
Neon tubing, light rope, or similar illuminated displays located within 10 feet of any window (except "open" signs as provided in Section 22.70.030.B.12 and "no vacancy" signs as provided in subsection B.7 below).
7.
For hotels and motels in the El Pueblo Viejo Landmark District (EPV), a single neon "No Vacancy" sign shall be allowed if the following conditions are met:
(Ord. 4101, 1981; Ord. 4259, 1984; Ord. 4484, 1987; Ord. 4860, 1994; Ord. 4917, 1995; Ord. 5549, 2011; Ord. 6184, 7/29/2025)
§ 22.70.050 Sign Permits.
A.
Application. Any person desiring to construct, maintain or display a sign for which a permit is required shall submit an application to the Planning Division of the Community Development Department. The application shall be made upon forms provided by the Community Development Department and shall be accompanied by the materials identified on the application form.
1.
The substitution of the message in a sign previously permitted by the City may be made without any additional approval, permitting, registration, or other notice to the City. This provision prevents any inadvertent favoring of commercial speech over non-commercial speech or favoring any noncommercial message over any other non-commercial message.
B.
Fees. The sign permit application shall be accompanied by the appropriate fee established by the City Council by resolution. If installation of a sign is commenced before an application for a permit is made or before the plans are approved by the Sign Committee, the applicant shall be charged an additional field inspection fee equal to the permit fee.
C.
Processing Applications.
1.
Community Development Department staff shall review the application and accept it as complete or reject it as incomplete.
2.
No sign permit application will be accepted if:
a.
The applicant has installed a sign in violation of the provisions of this chapter and, at the time of the submission of the application, each illegal sign has not been legalized, removed or included in the application; or
b.
Any sign under the control of the applicant on the premises of the proposed sign was installed in violation of this chapter and at the time of submission of the application, each illegal sign has not been legalized, removed or included in the application; or
c.
The sign permit application is substantially the same as an application previously denied by staff or the Sign Committee or, on appeal, by the Historic Landmarks Commission, the Architectural Board of Review, or the City Council, unless:
3.
Assignment of Level of Review. Community Development staff will review each sign permit application and assign each complete application to one of two review categories: Conforming Review or Full Committee Review. Sign permit applications will be assigned to Conforming Review based on the criteria found in subsection E of this section. Sign permit applications that are not assigned to conforming review will be assigned to Full Committee Review including applications that involve multiple exception requests, a large number of signs, or a large volume of signage.
D.
Building and Electrical Permits. After a sign has been approved by the Sign Committee, the applicant shall obtain all required building and electrical permits from the Building and Safety Division of the Community Development Department.
E.
Conforming Sign Review.
1.
Sign Conformance Determination. Applications which meet the following criteria shall be referred by staff for Conforming Review:
a.
Signs where the size, shape, color, placement, and any lighting of the sign are consistent with adopted guidelines;
b.
Signs located within El Pueblo Viejo Landmark District that comply with the requirements of Section 22.70.040.B and would be compatible with the required architectural style described in Section 30.57.030;
c.
Minor color and/or face changes which do not affect the character or location of a sign;
d.
Signs for a commercial or industrial complex where a previously approved sign program is in effect and the proposed sign conforms to the program;
e.
30-day extension of temporary signage. Extension of temporary signage for an additional 30 days requires Full Committee Review. No more than two 30-day extensions can be granted by the Committee.
f.
Conceptually approved signs, if all Committee conditions are met; and
g.
Awning signs.
2.
Conforming Review. Conforming reviews are conducted by the Chair of the Sign Committee, the Vice-Chair of the Sign Committee, or a designated alternate. If the conforming reviewer cannot approve an application, the conforming reviewer shall refer the application to Full Committee Review.
F.
Full Committee Review. Full Committee Review is conducted by a quorum of the Sign Committee. The Sign Committee shall take action to approve, conditionally approve or deny an application within 21 days from the date of acceptance thereof. If no action is taken by the Sign Committee within said period or within any extension approved by the applicant, the application shall be deemed approved as submitted, provided the proposed sign otherwise complies with the provisions of this chapter. After initial review, the Committee may refer all or a portion of an application to Conforming Review, if the Committee deems it appropriate.
H.
Sign Review Criteria.
1.
In reviewing a sign permit application, the Sign Committee or the conforming reviewer shall apply the following criteria as the basis for action:
a.
The sign shall be in proportion with and visually consistent with the architectural character of the building. There is no proliferation of signage.
b.
The location of the proposed sign and the design of its visual elements (lettering, colors, decorative motif, spacing and proportion) shall result in a sign which is legible under normal viewing conditions existing at the sign's proposed location.
c.
The sign shall not obscure from view or unduly detract from existing signing.
d.
If the proposed sign will be adjacent to, in or near a residential area, it shall be harmonious and compatible with the residential character of the area.
e.
The size, shape, color and placement of the sign and any lighting shall be compatible to and harmonious with the building which it identifies and with the area in which it will be located.
2.
If a sign permit application satisfies the above criteria and complies with the other provisions of this chapter, it shall be approved.
3.
Sign Committee or the conforming reviewer shall conduct their review in a content-neutral manner and the purview of their review shall be limited to the criteria in this subsection. A non-commercial message of any type may be substituted, in whole or in part, for any duly permitted commercial message; and any non-commercial message may be substituted for any non-commercial message. Moreover, review is limited to a sign's physical attributes. Only regulation such as size, height, dimension, placement and manner of construction is considered.
I.
Findings. If a sign permit application is denied, specific and detailed findings setting forth the reasons why the proposed sign violates the criteria set forth above or other provisions of this chapter shall be prepared in writing and mailed to the applicant or his or her agent and sign contractor within seven days.
J.
Appeals. The applicant or any interested person may appeal decisions concerning sign permit applications as follows:
1.
Appeals to the Architectural Board of Review or the Historic Landmarks Commission. Any action of the Sign Committee or of the Division staff may be appealed by the applicant or any interested party to the Architectural Board of Review or, if the sign is in El Pueblo Viejo Landmark District or if the sign is proposed on a site that is a designated historic resource or potential historic resource, to the Historic Landmarks Commission. Said appeal shall be in writing, shall state reasons for the appeal and shall be filed with the staff of the Architectural Board of Review or the Historic Landmarks Commission within 10 days of the meeting at which the decision being appealed was rendered. A hearing shall be held by the Architectural Board of Review or the Historic Landmarks Commission, as appropriate, at the first available meeting of the Architectural Board of Review or the Historic Landmarks Commission following the filing of the appeal.
a.
Notice of Appeal. Notice of the time and place of the hearing shall be sent to the applicant and appellant no later than five days prior to said hearing. The Board or Commission may affirm, reverse or modify the decision of the Sign Committee or staff concerning the sign permit application. Said action shall take place within 28 days from the date of the filing of the appeal. Failure to act within said period will result in the sign permit application being deemed approved to the extent that it complies with the provisions of this chapter. Upon such an automatic approval, the Building and Safety Division shall issue the permit. No member of the Board or Commission who is also a member of the Sign Committee and who participated in the decision of the Sign.
b.
Limits on New Evidence. The Architectural Board of Review or the Historic Landmarks Commission will decide the appeal in the exercise of its independent judgment based upon a review of the record of the proceedings before the Sign Committee. New evidence will not be considered unless the Architectural Board of Review or the Historic Landmarks Commission determines that relevant evidence exists that, in the exercise of reasonable diligence, could not have been produced or was improperly excluded at the hearing before the Sign Committee.
2.
Appeal to the City Council. An appeal to the City Council from the decision of the Architectural Board of Review or the Historic Landmarks Commission shall be made pursuant to the provisions of Section 1.30.050 of this Code.
a.
Limit of New Evidence. The City Council will decide the appeal in the exercise of its independent judgment based upon the record of the proceedings of the Architectural Board of Review or the Historic Landmarks Commission. New evidence will not be considered unless the City Council determines that relevant evidence exists that, in the exercise of reasonable diligence, could not have been produced or was improperly excluded at the hearing before the Architectural Board of Review or the Historic Landmarks Commission.
K.
Expiration of Pending Application. Signs must be installed within six months of the date of approval or the approval is void, unless the applicant has requested and received an extension not exceeding six months from the Community Development Director.
(Ord. 4101, 1981; Ord. 4259, 1984; Ord. 4484, 1987; Ord. 4850, 1994; Ord. 4917, 1995; Ord. 5136, 1999; Ord. 5444, 2008; Ord. 5537, 2010; Ord. 5791, 2017; Ord. 6005, 2021; Ord. 6184, 7/29/2025)
§ 22.70.060 Revocation of Sign Permits.
A.
Grounds. Any permit issued under this chapter may be revoked by order of the City Council when it is shown by substantial evidence that:
1.
The permit was issued without or in excess of the authority provided in this chapter. Permittee shall be compensated for any and all costs incurred as a result of said revocation to the extent it occurs through no fault of the permittee.
2.
The application for a permit contained any material misrepresentation of fact.
B.
Hearing. Prior to revoking a sign permit, the City Council shall hold a hearing concerning said revocation. Written notice of said hearing shall be given to the permittee not less than 10 days prior to the date of said hearing. Following the hearing, if the City Council revokes the sign permit, it shall adopt findings setting forth the basis for its decision. The findings shall be mailed to the permittee.
§ 22.70.070 Exceptions.
A.
Application. When a person desires to erect a sign which does not comply with the provisions of this chapter, he or she shall file an application for an exception. An application for an exception shall be filed with a sign permit application, shall be accompanied by a fee established by the City Council by resolution, shall state the specific section or sections of this chapter which the applicant desires to have waived, and shall state the grounds for the exception.
B.
Grounds. Before an exception may be granted, the following shall be shown:
1.
There are exceptional or extraordinary circumstances or conditions applicable to the property involved, or to the intended use of the property, that do not apply generally to other properties in the vicinity.
2.
The granting of the exception will not be materially detrimental to the public welfare or injurious to the properties or improvements in the vicinity.
3.
The proposed sign is in conformance with the stated purpose and intent of the Sign Ordinance.
C.
Hearing. A hearing on the exception application shall be held by the Sign Committee prior to considering the sign permit application. The time limits for the Sign Committee's action shall be the same as those set forth in Section 22.70.050.F of this chapter.
D.
Appeal. The provisions for the appeal of the decision of the Sign Committee concerning an exception application shall be the same as those set forth in Section 22.70.050.J.
§ 22.70.080 Nonconforming Signs.
§ 22.70.090 Abandoned, Unsafe, or Illegal Signs.
A.
Abandoned Signs. Any abandoned signs, shall be deemed to be a public nuisance and shall be removed by the owner of the property on which it is located upon 10 days written notice by the Community Development Department.
B.
Unsafe Signs. All signs shall be properly maintained in a safe and legible condition at all times. Whenever any sign, by virtue of its physical nature and condition, that includes unpermitted electrical work associated with the installation of the sign, poses an immediate and serious threat to the public safety, the sign may be removed by City personnel, or repaired to the satisfaction of the City within 10 days' written notice by the Community Development Department.
C.
Illegal Signs. Any sign, including its supporting structure, which is installed or maintained on private property in violation of this chapter shall be deemed to be a public nuisance and shall be removed by the owner of the property on which it is located upon 10 days' written notice by the Community Development Department.
D.
Signs on Public Property. Any sign, including its supporting structure, which is installed, placed or maintained on public property, other than a sign installed by, or with the permission of a public agency, is illegal and subject to immediate removal by the City. If the owner of the sign is ascertained the City will follow the post-removal notice procedures contained in the personal property storage under Section 9.96.050.B.
§ 22.70.095 Vending Machines Readily Visible From a Public Right-of-Way.
A.
Vending Machines Within the Public Rights-of-Way. No owner of real property shall install, operate, or maintain a vending machine which is located on or encroaches within or over a City public right-of-way, such as a City street, sidewalk, paseo, or alleyway except for those machines which encroach in the public right-of-way on the date of the enactment of this amendment to Chapter 22.70, provided that the owner or operator of such an encroaching vending machine obtains a vending machine license agreement pursuant to the requirements of Chapter 9.48 within one year of the adoption of this amendment and provided that such machine dispenses drinking water only.
B.
Vending Machines in a City Landmark District. No owner of real property located within a City Landmark District (as such districts are designated by Chapter 30.57) shall install, operate, or maintain a vending machine upon such real property under circumstances where the vending machine is readily visible from an area accessible to public.
C.
Vending Machines - Nonresidential Uses.
1.
Generally. No owner of real property located outside of a City Landmark District shall install, operate, or maintain a vending machine on such real property under circumstances where the machine is readily visible from an area accessible to the public unless and until the property owner or vending machine operator (or an authorized agent thereof) has obtained the permits required by this section and has completed the design review and approval required by this section, where applicable. No business shall be allowed or permitted to have more than four vending machines at each business location.
2.
Residential Properties. No owner of real property used exclusively for residential purposes shall install, operate, or maintain a vending machine upon such property.
D.
Review and Issuance of Vending Machine Permits.
1.
Machine Locations with Not More Than Two Vending Machines. A vending machine which is visible from an area readily accessible to the public may be installed, operated, and maintained on real property zoned or being used for nonresidential purposes and located outside of a City Landmark District only under the following circumstances:
a.
No More Than Two Machines. The real property upon which the machine will be located will have no more than two vending machines installed or operated upon the same location at any one time; and
b.
Necessary Permits. The owner or operator of the vending machine has obtained a building permit from the City Building and Safety Division and a vending machine sign permit from the City Sign Committee in accordance with the procedures established for sign permits set forth herein; and
c.
Size and Machine Panel Design. The size, design, and the use of illumination for the vending machine is installed in full compliance with the City's Outdoor Vending Machine Design Guideline requirements for unscreened vending machines; and
d.
Signage Illumination. A vending machine may not have signage which is internally illuminated.
2.
Machine Locations with More Than Two Vending Machines. A vending machine which is readily visible from an area accessible to the public may be installed, operated, and maintained on nonresidential real property located outside of a City Landmark District where the real property will have more than two vending machines but less than five machines only under the following circumstances:
a.
ABR Design Review. The owner or operator of the vending machine has obtained design and screening review and approval from the City Architectural Board of Review and the machine is installed in full compliance with the City's Outdoor Vending Machine Design Guidelines; and
b.
Required Permits. The owner or operator of the vending machine has obtained both a building permit from the City Division of Building and Safety and a sign permit in accordance with the procedures established for sign permits set forth herein from the City Sign Committee for the machine; and
c.
Compliance with Conditions of Approval. The vending machine is installed and maintained in accordance with any conditions of approval issued by either the Sign Committee or the ABR in connection with the approved permits or design review; and
d.
Automobile Service Station Locations. The real property is not being used as a gasoline service or automobile service station.
3.
Vending Machines in a Shopping, Office, or Industrial Center. Vending machines located on real property being used as a commercial, office, or industrial complex (as defined in Section 22.70.020) may be permitted only pursuant to a Complex Vending Machine Program approved by the Sign Committee in a manner similar to the Sign Committee's review and approval of Complex Sign Programs pursuant to Section 22.70.040.A.3.b and where such machines are designed and located in accordance with the City's Outdoor Vending Machine Design Guidelines.
E.
Outdoor Vending Machine Design Guidelines.
1.
Adoption of Machine Design and Locational Guidelines. Within 30 days of the adoption of the ordinance enacting this section, the City Council shall approve Outdoor Vending Machine Design Guidelines which shall be approved pursuant to a resolution of the City Council.
2.
Exceptions to Guideline Requirements. Upon the written request of an applicant for an outdoor vending machine permit, the Sign Committee, or, where applicable, the City's Architectural Board of Review may grant appropriate exceptions to the Outdoor Vending Machine Design Guidelines provided that all of the following grounds for the exception are determined to be applicable:
a.
There are exceptional or extraordinary circumstances or conditions applicable to the real property involved which do not apply generally to other real properties in the vicinity.
b.
The granting of the exception will not be materially detrimental to the public welfare or injurious to the properties or improvements in the vicinity.
c.
The proposed vending machine installation is in conformance with the stated purpose and general intent of the Outdoor Vending Machine Design Guidelines and this chapter.
d.
A public benefit will be derived from the proposed outdoor vending machine location and a hardship otherwise exists due to the physical constraints of the site which make the strict application of City vending machine requirements impractical or not readily feasible.
F.
Compliance Established by Vending Machine Permit Sticker. Compliance with the requirements of this section shall be conclusively established by the City's issuance of an appropriate permit sticker which shall be posted or affixed to and maintained on the permitted vending machine by the operator thereof and which shall serve as conclusive proof of compliance with the requirements of this section.
G.
Vending Machines Installed Prior to Adoption. Except with respect to the prohibition on internally illuminated signage contained in subsection D.1.d of this section, the requirements of this section (including the Outdoor Vending Machine Design Guidelines) shall be applicable to any vending machines installed prior to the adoption of the ordinance enacting this section upon the expiration of one year after the effective date of the ordinance codified in this chapter. Permit applicants may be granted additional time for compliance with the requirements of this chapter (not to exceed one year) by the Community Development Director upon a showing by the applicant of due diligence in seeking to obtain the permits and design review required by this chapter.
H.
Appeals. A decision of the Sign Committee or a decision of the Architectural Board of Review made pursuant to this section may be appealed in accordance with the applicable appeal procedures of Section 22.70.050.J.
I.
Definition of "Readily Visible to the Public." For the purposes of this section, the phrase "readily visible to the public" shall mean that a majority of the face panel of a vending machine can typically, reasonably, and usually be observed by an average person standing or traveling upon a City public right-of-way or visible from a parking or other area generally open for public use, including those vending machines which are located indoors but visible and less than four feet from a window. Where necessary whether a machine is "readily visible to the public" may be determined by the Community Development Director.
§ 22.70.100 Sign Enforcement and Penalties.
A.
Enforcement.
1.
Every sign erected in the City shall be subject to inspection by the Community Development Director, or his or her deputy, to ensure compliance with all provisions of the Sign Ordinance.
2.
With respect to all signs existing on the effective date of this chapter, and to all signs constructed, maintained, displayed, or altered after the effective date of this chapter, it shall be the duty of the Community Development Director to enforce this chapter.
3.
It shall be the duty of the Community Development Director to enforce this chapter for any signs installed contrary to the approved plans or to any conditions imposed by the Sign Committee.
§ 22.75.010 Purpose.
A.
In order to preserve and enhance the unique qualities of Santa Barbara's residential neighborhoods and its visual environment, it is essential to encourage the highest quality of outdoor night-time lighting through the adoption of lighting standards.
B.
This chapter is intended to reduce problems created by improperly designed and incorrectly installed outdoor lighting, particularly in the City's residential zones. It is intended to provide for safety and security concerns, without contributing to the problems associated with glare, light trespass, or skyglow, and to promote the efficient use of energy.
C.
This chapter establishes certain regulations and design review requirements intended to limit the uses of outdoor lighting to certain appropriate land uses and to prohibit the use of certain lighting fixtures.
D.
This chapter recognizes the benefits of outdoor night-time lighting and provides clear guidelines for its design and installation to help maintain and complement Santa Barbara's character.
§ 22.75.020 Definitions.
For the purposes of this title, the following words and phrases shall have the meanings set forth herein:
Immediately next to.
The general character and overall level of illumination in a particular area.
Light rays that are emitted from a fixture that are above a horizontal plane intersecting that light source or fixture.
Brightness in the field of view that is sufficiently greater than the amount to which the eye is adapted, causing annoyance, discomfort, or loss of visual performance and visibility.
A laser source light, or any similar high intensity light, used for outdoor advertising or entertainment, when projected above the horizontal.
Any man-made light source, or collection of light sources that produce light by any means.
Light produced by a Lighting Fixture that illuminates a surface beyond the boundaries of the property on which it is located.
A complete unit consisting of a Light Source together with a housing and parts designed to distribute and aim the light, located outside a building, including, but not limited to, fixtures attached to any part of a structure, located on the surface of the ground, or located on free standing poles.
Operating at 24 volts or less or as defined by Section 551-2 of the National Electrical Code (1993 edition) or as such Code is subsequently amended from time to time.
Includes, but is not limited to, Glare, Light Trespass, and Skyglow.
The night time illumination of an outside area or object, or any man-made light emitting object located outdoors.
Includes, but is not limited to, a field, court, or other area, whether permanent or temporary, designed or used for playing any sport or game, such as tennis, volleyball, basketball, or badminton, or similar outdoor game or sport, but not including lighting for a swimming pool which is located beneath the surface of the water.
A mobile or fixed projector designed to produce an approximately parallel beam of light which is aimed above the horizontal plane, the use of which includes, but is not limited to, advertising for special events.
A Lighting Fixture having a configuration of the housing or optics that prevents a direct view to the light source from normal viewing angles (i.e., less than 20° above the horizontal plane).
The adverse effect of brightening of the night sky due to man-made lighting.
§ 22.75.030 Certain Lighting Prohibited.
A.
General prohibitions. The use of the following Lighting Fixtures shall be prohibited in all zones of the City:
1.
Mercury vapor and low-pressure sodium fixtures and lamps except when used for landscape lighting accent purposes.
2.
Searchlights, Laser Lights, or similar high intensity outdoor lights except pursuant to a special lighting event permit granted pursuant to subsection C of this section.
3.
Lighting Fixtures mounted in such a way as to illuminate a roof or an awning.
4.
Lighting Fixtures mounted to aim light only towards a property line.
5.
Lighting Fixtures mounted in a way that is distracting to motorists or in a way that interferes with the safe operation of a motor vehicle, as may be determined by the City Engineer.
6.
Lighting that is blinking, moving, or which changes in intensity except small temporary lighting fixtures installed and used only during the period between the last week of November and first week of January of the following year.
B.
Outdoor recreational court lighting in residential areas. The lighting of an Outdoor Recreational Court is prohibited in all residential zones of the City except where such a Court is located on a property used for nonresidential purposes in accordance with the applicable provisions of Title 28 for nonresidential uses in residential zones.
C.
Special lighting events. Upon the application of a property owner or a business within the City, the Community Development Director may grant a temporary permit for the use of a searchlight, laser light or other similar lighting fixture for a period not to exceed eight consecutive hours, provided that no such permit shall be granted for any one property (or business location) within the City more often than five times during any 180 day period and provided further that in no case shall a searchlight, laser light, or other similar lighting fixture be operated pursuant to such a permit between midnight and sunrise.
§ 22.75.040 Certain Lighting Exempted.
The use of the following Lighting Fixtures and Light Sources are exempted from regulation pursuant to this chapter:
A.
Low voltage fixtures. Low Voltage lighting except for those Fixtures regulated pursuant to Section 22.75.030.A.6 of this chapter.
B.
Controlled fixtures. A Lighting Fixture controlled by a motion detector in a residential zone provided the motion detector is predominantly in the off mode and it is installed to minimize Nuisance Lighting.
§ 22.75.050 Outdoor Lighting Review by the Architectural Board of Review, the Single Family Design Board, and the Historic Landmarks Commission.
Those projects for which design review is required by the Architectural Board of Review pursuant to Chapter 22.68, the Single Family Design Board pursuant to Chapter 22.69, or the Historic Landmarks Commission pursuant to Chapter 22.22, shall also be reviewed for consistency with the City Outdoor Lighting Design Guidelines approved by resolution of the City Council.
(Ord. 5035, 1997; Ord. 5416, 2007)
§ 22.75.060 Control of Nuisance Lighting In and Adjacent to Residential Zones.
A.
Generally. Outdoor lighting in residential zones and outdoor lighting on real properties adjacent to residential zones shall be designed, installed, and operated so that it is compatible with the ambient lighting of the neighborhood in which it is located. Such lighting shall be designed, installed, and operated to control glare, prevent light trespass onto adjacent areas, minimize direct upward light emission, promote effective security, avoid interference with safe operation of motor vehicles. The minimum intensity needed for the intended purpose shall be used.
B.
Enforcement. The staff of the Community Development Department shall be responsible for the enforcement of this section provided, however, that enforcement shall occur only upon a written complaint and upon a determination by City enforcement staff that the light or lights constitutes Nuisance Lighting which is unreasonably and negatively affecting a neighboring resident. Upon such a determination, the light or lights shall constitute a public nuisance which may be abated by the City and which, if necessary, may be enjoined by a court of competent jurisdiction.
C.
Enforcement measures. Prior to the initiation of legal measures for the enforcement of this section, the staff of the Community Development Department shall attempt to remedy a reasonable complaint concerning Nuisance Lighting by recommending or, if necessary, by requiring the property owner of the property from which the light emanates to take appropriate steps to eliminate the Nuisance Lighting. Such steps may include, but are not limited to, each of the following (or any combination thereof) in the priority listed herein:
1.
The use and application of appropriate lighting equipment, fixture locations, shielding, light sources and illumination intensities, and through the elimination of unnecessary lighting.
2.
Nuisance Lighting control through the use of vegetation, landscaping, fences or similar screening methods and fixture aiming adjustments.
3.
Restrictions on the hours of operation or by requiring the use of motion detector switches or timers to trigger the lights only on an as needed basis.
4.
The preparation and implementation of a professional lighting plan designed to avoid Nuisance Lighting which plan is reviewed by and acceptable to the Architectural Board of Review or the Historic Landmarks Commission, as applicable.
D.
Private right of action. Any aggrieved person may enforce the provisions of this section by means of a civil action seeking injunctive relief in a court of competent jurisdiction.
(Ord. 5035, 1997)
§ 22.76.010 Findings.
The City Council finds and declares as follows:
A.
Both views and trees and vegetation contribute to the aesthetic value, quality of life, ambiance and economic value of properties within the City of Santa Barbara. Similarly, access to sunlight across property lines contributes to the health and well being of community members, enhances property values and provides an opportunity to utilize solar energy. Utilization of passive solar energy reduces air pollution, visual blight and promotes the general health and welfare of the residents of the City.
B.
Views, whether of the Pacific Ocean, the Channel Islands, the City, the Santa Ynez Mountains, the surrounding hillsides and canyons, or other natural and man-made landmarks produce a variety of significant and tangible benefits for both residents and visitors. Views contribute to the aesthetic visual environment of the City of Santa Barbara by providing scenic vistas and inspiring distinctive architectural design.
C.
Trees and vegetation produce a wide variety of significant psychological and tangible benefits for both residents and visitors to the community. Trees and vegetation provide privacy, modify temperatures, screen winds, replenish oxygen to the atmosphere, maintain soil moisture, mitigate soil erosion and provide wildlife habitat. Trees and vegetation contribute to the visual environment and aesthetics by blending, buffering and reducing the scale and mass of architecture. Trees and vegetation within the City provide botanical variety and a sense of history. Trees and vegetation also create shade and visual screens and provide a buffer between different land uses.
D.
The benefits derived from views, trees and vegetation and sunlight may come into conflict. The planting of trees and other vegetation and their subsequent growth, particularly when such trees are not properly maintained, can produce unintended harmful effects both on the property on which they are planted or on neighboring properties.
(Ord. 5220, 2002)
§ 22.76.020 Intent and Purpose.
The intent and purpose of this chapter is to accomplish the following:
A.
Right to Scenic View and Sunlight Access. Establish the right of a real property owner to preserve scenic views and access to sunlight free from unreasonable obstructions caused by the growth of trees under circumstances where such views and sunlight access existed prior to the growth of the unreasonable obstruction.
B.
Dispute Resolution Process. Establish that real property owners are in need of a process to resolve disputes among themselves concerning view or sunlight access within the immediate vicinity of their property.
C.
Evaluation Procedures. Establish procedures and evaluation criteria by which private real property owners may seek a mutually acceptable resolution of such views or sunlight access disputes.
D.
Protect Trees. Discourage ill-considered damage to trees and vegetation and promote proper use of trees and landscaping establishment and maintenance.
E.
Not a Covenant or Servitude. It is not the intent and purpose of this chapter for the City to create either a covenant running with the land or an equitable servitude.
F.
Right Exclusive to This Chapter. Nothing herein shall be deemed to establish a general right of a homeowner to affect or restrict the lawful development or use (including the use and maintenance of landscaping) of a neighboring property under circumstances where such development or use is otherwise permitted, approved, or allowed under the provisions of the Santa Barbara Municipal Code. In addition, nothing herein shall be deemed or construed to provide a homeowner with any thing other than the rights specified in this chapter for the restoration of a view or access to sunlight and a right to utilize the dispute resolution process for addressing unreasonable tree or vegetation view obstructions, as such claim process is established herein.
(Ord. 5220, 2002)
§ 22.76.030 Definitions.
For the purpose of this chapter, the following words and phrases shall have the meanings set forth herein:
To take action that changes a tree or vegetation, including, but not limited to, extensive pruning of the canopy area, topping, cutting, girdling, interfering with the water supply, applying chemicals or regrading around the feeder root zone of the tree or vegetation.
A voluntary legal procedure for settling disputes and leading to a determination of rights of parties, usually consisting of a hearing before an arbitrator where all relevant evidence may be freely admitted as set forth in California Code of Civil Procedure Section 1280 et. seq.
A mutually agreed upon neutral third party professional intermediary who conducts a hearing process and who hears testimony, considers evidence, and makes a decision for the disputing parties. The arbitrator may be chosen from a list available from the City of qualified and professionally trained arbitrators, including, but not limited to, members of the American Association of Arbitrators.
A person who has passed a series of tests by the International Society of Arboriculture (ISA), is governed by ISA's professional code of ethics and possesses the technical competence through experience and related education and training to provide for or supervise the management of trees and other woody plants.
A person, as defined herein, who has been designated and approved in writing by a real property owner of record to act on his or her behalf in matters pertaining to the processing of a view or sunlight claim as outlined in this chapter.
The umbrella-like structure created by the overhead leaves and branches of a tree which create a sheltered area below.
Real property of which the City is the fee simple owner of record.
Documentation, as set forth in Section 22.76.050, that outlines the basis of view or sunlight access diminishment and the specific restoration action that is being sought which shall serve as the written basis for arbitration or a legal cause of action under the provisions of this chapter.
Any property owner, group of property owners (or an authorized agent thereof) who allege that tree(s)/vegetation located within the immediate vicinity of their property as set forth in Section 22.76.040 is causing unreasonable obstruction of the view or blocking the sunlight benefiting the real property of the Complainant.
The rounded top of the tree.
A method of comprehensive trimming that reduces a tree's height or spread. Crown reduction entails the reduction of the top, sides, or individual limbs of a tree by means of removal of leaders or the longest portion of limbs to a lateral large enough to assume the terminal.
To take action that endangers the health or vigor of a tree or vegetation, including, but not limited to, cutting, girdling, interfering with the water supply, applying chemicals or re-grading around the base of the trunk of a tree.
The Director of the City Community Development Department.
The overall reduction of the mass of a tree by modification to its major limbs.
A comprehensive method of trimming that systematically and sensitively removes excess foliage and improves the structure of a tree.
A landscape professional retained to provide advice and information regarding landscape plans, view or sunlight claims, and landscaping techniques and maintenance procedures.
Pruning with the primary objective of maintaining or improving tree health and structure; includes "crown reduction/shaping" or "lacing," but not ordinarily "topping" or "heading back."
A neutral, objective third party professional negotiator to help disputing parties reach a mutually satisfactory solution regarding a view or sunlight claim. The mediator may be chosen from a list available from the City of qualified and professionally trained (arbitrators/mediators), including, but not limited to, members of the American Association of Arbitrators.
The blocking or diminishment of a view or sunlight access attributable to growth, improper maintenance or location of trees or vegetation.
Any individual, individuals, corporation, partnership, firm or other legal entity.
The removal of plant material from a tree or from vegetation.
Rights or interests of ownership of land and all appurtenances to the land including buildings, fixtures, vegetation and improvements erected upon, planted, or affixed to the land.
Any specific steps taken affecting trees or vegetation that would result in the restoration of a view or sunlight access across real property lines.
The cutting of branches or trunk of a tree in a manner which substantially reduces the overall size of the tree or destroys the existing symmetrical appearance or natural shape of the tree and which results in the removal of main lateral branches leaving the trunk and branches of the tree in a stub appearance. "Topping" and "heading back" as defined herein are considered to be severe pruning.
The selective removal of a portion of trees from a grove of trees.
The portion of a right-of-way easement used for public purposes, such as roadway improvements, curbs, gutters and sidewalks, dedicated to the City, and formally accepted by the City into the City public street system for maintenance purposes.
The availability or access to light from the sun across property lines.
Eliminating the upper portion of the trunk or main leader of a tree.
Any woody perennial vegetation that generally has a single trunk and reaches a height of at least eight feet at maturity.
Any person owning real property in the City whereon tree(s) or vegetation is located.
A vista of features, including, but not limited to, bodies of water, beaches, coastline, islands, skylines, ridges, hillside terrain, canyons, geologic features, mountains, and landmarks. The term "view" does not necessarily include an unobstructed panorama of these features.
The selective thinning of framework limbs or specific areas of the crown of a tree to allow a view from a specific point.
(Ord. 5220, 2002)
§ 22.76.040 View or Sunlight Claim Limitations.
A.
Private view dispute resolution. Subject to the other provisions of this chapter, the owner or owners of real property within the City (as the "Complainant") may initiate the private view dispute resolution process provided for in this chapter. However, a request for view or sunlight access dispute resolution may only be made if such a claim has not been initiated against the same real property by the Complainant with respect to the same tree or vegetation obstruction within a two-year time period prior to the initiation of the most recent request.
(Ord. 5220, 2002)
§ 22.76.050 Private View or Sunlight Claim.
A.
Notice to City of complaint. A Complainant shall notify the City Community Development Department of any request for mediation or arbitration pursuant to the provisions of this chapter and shall provide the City with the claim documentation materials described in subsection B below. Such notification and documentation shall be for the purposes of City recordkeeping regarding the use of this chapter only and shall not obligate the City to assist or advise a property owner or participate in the dispute resolution process in any way.
B.
Contents of claim. A view or sunlight restoration dispute resolution process claim shall consist of all of the following documentation and evidence:
1.
Evidence of Prior View. A written description of the nature and extent of the alleged obstruction, including pertinent and corroborating photographic evidence. Evidence may include, but is not limited to, documented and dated photographic prints or slides as well as written testimony or declarations from residents living in the area. Such evidence should, if possible, show the extent to which the view or sunlight access has been diminished over time by the excessive growth of the trees or vegetation;
2.
Evidence Regarding Unreasonable Tree Blockage. The location of all trees or vegetation alleged to cause the obstruction, the address of the property upon which the trees or vegetation are located, and the present tree/vegetation owner's name and address;
3.
Desired Action. The specific view or sunlight access restoration actions being requested by the Complainant in order to resolve the allegedly unreasonable view obstruction;
4.
Evidence of Attempted Resolution. Evidence that an initial discussion between the two property owners (as described in Section 22.76.060) has been made and has failed. Evidence may include, but is not limited to, copies of receipts for certified or registered mail correspondence;
5.
Evidence of Ownership. Evidence confirming the ownership and the date of acquisition of the Complainant's property.
(Ord. 5220, 2002)
§ 22.76.060 Initial Discussions.
A.
Initial contact. A Complainant who believes that a tree or some other vegetation which has grown on another person's real property has caused unreasonable obstruction of a view or sunlight access from the Complainant's property shall first advise the tree or vegetation property owner of such view or sunlight blockage concerns. This notification shall request personal discussions to enable the Complainant and tree/vegetation property owner to attempt to reach a mutually agreeable solution and shall be followed up with a written confirmation of any agreed-upon resolution and schedule for the required work of view restoration.
B.
Notification requirements. The initial notification from the Complainant to the owner of the tree/vegetation shall provide a copy of the View Preservation Ordinance (Chapter 22.76). In the initial notification, the Complainant shall invite the tree/vegetation owner to view the alleged obstruction from the Complainant's property, and the tree/vegetation owner is urged to invite the Complainant to view the situation from the owner's property. Failure of the tree/vegetation owner to respond to the written request for initial discussion within 30 days from the date of posting shall be deemed a refusal by the owner to participate in the initial discussion phase of the process.
C.
Failure to agree. After the initial discussion, if the parties do not agree as to the existence and nature of the Complainant's obstruction or to the appropriate restoration action or if the initial discussion is refused, the Complainant may proceed with the subsequent dispute resolution process outlined herein with respect to mediation, arbitration, and court action.
(Ord. 5220, 2002)
§ 22.76.070 Mediation.
A.
Mediation request. If initial discussion under Section 22.76.060 fails to achieve agreement between the tree/vegetation owner and Complainant, the Complainant may send to the tree/vegetation owner a request that the tree/vegetation owner accept participation in a mediation process in an effort to resolve the view or sunlight blockage claim. Acceptance of mediation by the tree/vegetation owner shall be voluntary. However, the request may inform the tree/vegetation owner that failure to participate in mediation may be brought to the court's attention in the event of subsequent legal action by the Complainant. Failure of the tree/vegetation owner to respond to the notice requesting mediation within 30 days from the date of posting shall be deemed formal refusal of the mediation process by the tree/vegetation owner.
B.
Selection of mediator. If the tree/vegetation owner agrees to participate in a mediation process, the parties shall agree in writing to the selection of an individual mediator, which may be chosen from a list of professional mediators available from the City Community Development Department.
C.
Authority of mediator. The mediator is encouraged to be guided by the provisions of this chapter, including the claim evaluation criteria and the hierarchy of restoration actions set forth in Sections 22.76.110 and 22.76.120, respectively, in attempting to mediate a resolution of the view or sunlight blockage claim. The mediator may request a consultation or information from a certified arborist (chosen from a list of such arborists made available by the Community Development Director) regarding any questions involving landscape techniques or maintenance procedures, with the expense of such consultation payable as a mediation expense in accordance with the provisions of this chapter.
D.
Role of the mediator; costs; failure to respond. The role of the mediator shall be advisory in nature and shall not be binding in establishing view or sunlight restoration action. Any agreement reached between the two parties as a result of the mediation process described herein shall be reduced to writing by the mediator and signed by the mediator and all of the parties. The cost of mediation shall be paid by the Complainant or shared in a manner set by mutual agreement between the parties. The failure of the tree/vegetation owner to respond to implement (or allow the implementation of) a mediated resolution within 30 days of the submission of the mediated resolution to the owner (as established by the posting date) shall be deemed a refusal by the tree/vegetation owner to accept mediation.
(Ord. 5220, 2002)
§ 22.76.080 Arbitration.
A.
Request for arbitration. If the initial discussion under Section 22.76.060 or a mediated resolution pursuant to Section 22.76.070 fails to achieve agreement between the tree/vegetation owner and the Complainant, the Complainant may advise the tree/vegetation owner in writing that the Complainant is requesting participation in a formal arbitration process. Acceptance of arbitration by the tree/vegetation owner shall be voluntary. However, the request may inform the tree/vegetation owner that failure to participate in the arbitration process may be brought to the court's attention in the event of subsequent legal action by the Complainant pursuant to Section 22.76.090.
The tree/vegetation owner shall have 30 days from posting of the arbitration notice to either accept or decline arbitration. Failure to respond within 30 days shall be deemed a formal refusal of arbitration. If accepted, the parties shall agree in writing to the selection of an individual arbitrator, who may be chosen from a list of professional arbitrators available from the City, within 30 days of such acceptance. If the parties do not agree on a specific arbitrator within 30 days, either party may petition a court of competent jurisdiction to appoint an arbitrator.
B.
Authority of arbitrator. The arbitrator is encouraged to be guided by the provisions of this chapter, including the claim evaluation criteria and the hierarchy of restoration actions set forth in Sections 22.76.110 and 22.76.120 of this chapter, in attempting to help resolve the view or sunlight blockage claim and shall submit a complete written decision to the Complainant and the tree/vegetation owner. An arbitrator is encouraged to request a report from a certified arborist with respect to the view obstruction dispute. Any decision of the arbitrator shall not be binding and shall only be enforceable pursuant to the provisions of California Code of Civil Procedure Section 1285 et seq.
C.
Acceptance of the arbitrator's decision; costs of arbitration. The failure of the tree/vegetation owner to implement the arbitrator's decision within 30 days of the posting of the written decision shall be deemed a refusal to accept arbitration. The costs of arbitration shall be paid by the Complainant or shared by mutual agreement between the parties.
(Ord. 5220, 2002)
§ 22.76.090 Private Cause of Action - View Restoration.
A.
Initial complaint. If a Complainant has pursued and has been unsuccessful in attempting to obtain an acceptable restoration under Section 22.76.060 ("Initial Discussion"), Section 22.76.070 ("Mediation"), or Section 22.76.080 ("Arbitration"), the Complainant may initiate a civil action in Superior Court for the County of Santa Barbara for resolution of owner's view or sunlight claim under the provisions of this chapter. The Complainant is encouraged to provide the Court the results of the view or sunlight claim resolution process, particularly any proposed mediator's or arbitrator's decision, as well as any report or study prepared by a certified arborist prepared in connection with the view obstruction dispute. At the discretion of the judge issuing a judgment pursuant to this section, the judgment may be recorded in the official records of Santa Barbara County.
B.
Subsequent complaints. A Complainant who has initiated a Complaint and obtained Restoration Action through mediation or arbitration under this chapter with respect to a particular Obstruction within two years of a subsequent Complaint shall not be required to seek mediation or arbitration on the subsequent Complaint for the same obstruction prior to initiating legal action pursuant to this section.
(Ord. 5220, 2002)
§ 22.76.100 Restoration Action Limitations.
Except as otherwise authorized by law, no tree or vegetation on real property owned or controlled by another person may be removed, destroyed, or otherwise altered unless the Complainant either enters into a written agreement with the tree/vegetation owner allowing the Complainant to enter the property to do so or the Complainant obtains a judicial determination specifying, in detail, the nature and timing of the restoration action, the Complainant's right to enter the property, and designating the parties responsible for performing such restoration action. In all cases, restoration actions shall be structured and implemented in accordance with the hierarchy established by Section 22.76.120.
(Ord. 5220, 2002)
§ 22.76.110 View or Sunlight Claim Evaluation Criteria.
In evaluating and resolving a view or sunlight claim, the following unranked criteria shall be considered:
A.
The vantage point(s) in the Complainant's home from which the view or sunlight is obtained or received;
B.
The extent of the view or sunlight obstruction;
C.
The quality of the view or sunlight access, including the existence of landmarks or other unique view features, or the extent to which these views or sunlight access are blocked by tree(s) or vegetation;
D.
The extent to which the view or sunlight access is diminished by factors other than tree(s) or vegetation;
E.
The extent to which the tree(s) or vegetation have grown to obscure the enjoyment of view or sunlight access from the Complainant's property compared with the view or sunlight access which was available at the time the Complainant acquired his or her home;
F.
The number of existing trees or amount of vegetation in the area, the number of healthy trees that a given parcel of land will support, and the current effects of the tree(s) and their removal on the neighboring vegetation;
G.
The extent to which the tree(s) or vegetation provide:
1.
Screening or privacy;
2.
Energy conservation or climate control;
3.
Soil stability, as measured by soil structure, degree of slope, and extent of the tree's root system when a tree is proposed for removal;
4.
Aesthetics;
5.
Community or neighborhood quality or significance;
6.
Shade;
7.
Historical context due to the age of the tree/vegetation;
8.
Rare and interesting botanical species;
9.
Habitat value for wildlife; and
10.
Blending, buffering or reduction in the scale and mass of adjacent architecture.
H.
The date the Complainant purchased his or her property and circumstances which existed at that time with respect to the view;
I.
The date the tree/vegetation owner purchased his or her property and circumstances which existed at that time with respect to the view;
J.
The distance between the Complainant's home and the tree or vegetation Obstruction for which Restoration Action is sought;
K.
Whether the tree or vegetation Obstruction is located within a City-designated "High Fire Hazard" zone and constitutes the type of trees or vegetation not generally encouraged for new residential construction within such zones;
L.
The extent to which the City has an interest in the preservation of an affected tree in its present form due to its unique character, its historical importance, or other specific factors as may be identified by a certified arborist.
(Ord. 5220, 2002)
§ 22.76.120 Hierarchy of Restoration Actions.
View or sunlight restoration actions must be consistent with all other provisions of this chapter and Title 22 generally. Severe pruning should be avoided due to the damage such practice causes to the tree's form and health. Restoration actions may include, but are not limited to the following, in order of preference:
A.
Lacing or Thinning. Lacing/thinning is the most preferable pruning technique that removes excess foliage and can improve the structure of the tree.
B.
Vista Pruning. Vista pruning of branches may be utilized where possible, if it does not adversely affect the tree's growth pattern or health. Topping should not be done to accomplish vista pruning.
C.
Crown Reduction. Crown reduction is preferable to topping or tree removal, if it is determined that the impact of crown reduction does not destroy the visual proportions of the tree, adversely affect the tree's growth pattern or health, or otherwise constitute a detriment to the tree(s) in question.
D.
Stand Thinning. The removal of a portion of the total number of trees from a grove of trees, without any replacement plantings.
E.
Topping. Eliminating the upper portion of a tree's trunk or main leader. Topping is only to be permitted for trees specifically planted and maintained as a hedge, espalier, bonsai or in pollard form and if restoration actions A through D of this section will not accomplish the determined restoration and the subsequent growth characteristics will not create a future obstruction of greater proportions.
F.
Heading Back. Eliminating the outer extent of the major branches throughout the tree. Heading back is only to be permitted for trees specifically planted and maintained as a hedge, espalier, bonsai or in pollard form and if restoration actions A through E of this section will not accomplish the determined restoration and the subsequent growth characteristics will not create a future obstruction of greater proportions.
G.
Tree/Vegetation Removal. Tree or vegetation removal, which may be considered when the above-mentioned restoration actions are judged to be ineffective and may be accompanied by replacement plantings or appropriate plant materials to restore the maximum level of benefits lost due to tree removal.
(Ord. 5220, 2002)
§ 22.76.130 Responsibility for Restoration Action and Subsequent Maintenance.
The costs of restoration action and subsequent maintenance shall be determined either by agreement between the tree or vegetation owner and the Complainant or as required pursuant to any final arbitration decision or court order.
(Ord. 5220, 2002)
§ 22.76.140 Liability.
A.
Non-liability of City. The City shall not be liable or responsible for any damages, injury, costs or expenses which are the result of any recommendations or determinations made by City Staff or mediator, or decisions made by other persons (e.g., arbitrator or judge) concerning a view or sunlight claim or a Complainant's assertions pertaining to views or sunlight access granted or conferred herein.
B.
City enforcement. Under no circumstances shall the City have any responsibility or obligation to enforce or seek any legal redress, civil or criminal, for any decision made concerning a view or sunlight claim.
(Ord. 5220, 2002)
§ 22.82.010 Purpose.
This chapter ("Energy Efficiency Standards") sets forth increased minimum energy efficiency standards within the City of Santa Barbara for all new construction of any size, additions to existing buildings or structures over a certain size threshold, and the installation of new heaters or circulation pumps for swimming pools, spas and water features. This chapter is intended to supplement the 2005 California Building Energy Efficiency Standards, as specified in California Code of Regulations, Title 24, Parts 1 and 6 (Standards). Compliance with the 2005 California Building Energy Efficiency Standards is required even if the increased minimum energy efficiency standards specified in this chapter do not apply.
(Ord. 5446, 2008)
§ 22.82.020 Definitions.
For purposes of this chapter, words or phrases used in this chapter that are specifically defined in Parts 1, 2, or 6 of Title 24 of the California Code of Regulations shall have the same meaning as given in the Code of Regulations. In addition, the following words and phrases shall have the meanings indicated, unless context or usage clearly requires a different meaning:
The standards and regulations adopted by the California Energy Commission contained in Parts 1 and 6 of Title 24 of the California Code of Regulations as such standards and regulations may be amended from time to time.
An approach to modeling the time dependent valuation energy use of an addition including the existing building and alterations as specified in the Residential Compliance Manual and Nonresidential Compliance Manual.
The manual developed by the California Energy Commission, under Section 25402.1(e) of the Public Resources Code, to aid designers, builders, and contractors in meeting the requirements of the State's 2005 Building Energy Efficiency Standards for nonresidential, high-rise residential, and hotel/motel buildings.
A TDV Energy credit that may be used under certain conditions to demonstrate compliance with the City's general compliance requirements as specified in Section 22.82.070. This credit is available if the solar photovoltaic energy system is capable of generating electricity from sunlight, supplying the electricity directly to the building, and the system is connected, through a reversible meter, to the utility grid. The methodology used to calculate the time dependent valuation energy equivalent to the photovoltaic credit shall be the CECPV Calculator Version 2.1 or higher which may be found at the following web site: http://www.gosolarcalifornia.ca.gov/nshpcalculator/download_calculator.html
The manual developed by the California Energy Commission, under Section 25402.1(e) of the Public Resources Code, to aid designers, builders, and contractors in meeting the requirements of the state's 2005 Building Energy Efficiency Standards for low-rise residential buildings.
A photovoltaic solar collector or other photovoltaic solar energy device that has a primary purpose of providing for the collection and distribution of solar energy for the generation of alternating current rated peak electricity. The installation of any solar photovoltaic energy system must meet all installation criteria of the current edition of the California Electrical Code and the California Energy Commission's Guidebook "Eligibility Criteria and Conditions for Incentives for Solar Energy Systems Senate Bill 1."
Any structure intended to contain water over 18 inches deep.
The time varying energy caused to be used by the building or addition to provide space conditioning and water heating and, for specified buildings, lighting. TDV energy accounts for the energy used at the building site and consumed in producing and in delivering energy to a site, including, but not limited to, power generation, transmission and distribution losses. TDV Energy is expressed in terms of thousands of British thermal units per square foot per year (kBtu/sq.ft.-yr).
Any structure intended to contain water over 18 inches deep. Examples of water features include, but are not limited to, ponds and fountains.
(Ord. 5446, 2008)
§ 22.82.030 Applicability.
A.
The provisions of this chapter apply to any of the following buildings or improvements for which a building permit is required by this code:
1.
Any new building or structure of any size,
2.
Any addition to an existing building or structure where the addition is greater than 100 square feet of conditioned floor area,
3.
Indoor lighting alterations in conditioned spaces greater than 100 square feet of floor area within nonresidential buildings,
4.
All new mechanical heating or cooling systems, and
5.
All new heaters or circulation pumps for swimming pools, spas, and water features.
B.
Subject to the limitations specified in this section, the coverage of this chapter shall be determined in accordance with the scope and application section of either the Residential Compliance Manual or Nonresidential Compliance Manual, as appropriate for the proposed occupancy.
(Ord. 5446, 2008)
§ 22.82.040 Compliance.
A building permit application subject to the requirements of this chapter will not be issued a building permit by the Building Official unless the energy compliance documentation submitted with the permit application complies with the requirements of this chapter. A final inspection for a building permit subject to the requirements of this chapter will not be approved unless the work authorized by the building permit has been constructed in accordance with the approved plans, conditions of approvals, and requirements of this chapter.
(Ord. 5446, 2008)
§ 22.82.050 Mandatory Energy Efficiency Requirements.
In addition to meeting all requirements of 2005 Building Energy Efficiency Standards, all applications for building permits that include buildings or improvements covered by this chapter shall include the following mandatory energy efficiency measures as may be applicable to the proposed building or improvement:
A.
Residential buildings. Any appliance (excluding HVAC equipment and water heaters) to be installed in a residential building shall be Energy Star rated, if the appliance installed is of a type that is Energy Star rated.
B.
Swimming pool and spa heaters and pumps. Any heater or circulation pump to be installed for any swimming pool, spa, or water feature shall incorporate the following energy conservation features:
1.
All natural gas heaters shall have an annual fuel utilization efficiency of 90% or higher; and
2.
All circulating pump motors and filtration pump motors with a nominal rating of 0.75 horsepower or greater (except pump motors only serving spa jets) shall be two-speed or variable speed motors. The installation of all two-speed and variable speed motors shall include the installation of a controller which shall be time-based and shall be programmed to alternate the speed of the motor between low and high to make effective use of the energy savings potential of the unit's multi-speed capability.
C.
Mechanical heating or cooling systems. All fan motors and pump motors associated with mechanical heating or cooling systems that are single-speed, poly-phase, 1.0 nominal horsepower to 500 nominal horsepower, 2-, 4-, and 6-pole squirrel cage induction, NEMA Design A or B, continuous duty-rated motors must be NEMA Premium motors by the National Electrical Manufacturers Association.
(Ord. 5446, 2008)
§ 22.82.060 General Compliance Requirements.
In addition to any applicable mandatory requirements specified in Section 22.82.050 and the requirements of the 2005 Building Energy Efficiency Standards, the following general compliance requirements shall apply to permit applications subject to this chapter as follows:
A.
Low-rise residential buildings. Applications for building permits that involve new low-rise residential buildings or additions to existing low-rise residential buildings where the additions are greater than 100 square feet of conditioned floor area shall demonstrate compliance with the general compliance requirements as follows:
1.
New Low-Rise Residential Buildings. When an application for a building permit involves a new low-rise residential building, the performance approach specified in Section 151 of the 2005 Building Energy Efficiency Standards must be used to demonstrate that the TDV Energy of the proposed building is at least 20.0% less than the TDV Energy of the standard building.
2.
Additions to Low-Rise Residential Buildings. When an application for a building permit involves an addition to an existing low-rise residential building, this general compliance requirement may be met by either of the following methods:
a.
Using the performance approach specified in Section 151 of the 2005 Building Energy Efficiency Standards to demonstrate that the TDV Energy of the proposed addition is at least 20.0% less than the TDV Energy of the standard design, or
b.
Using the "Existing+Addition+Alteration" calculation methodology to demonstrate that the TDV Energy of the proposed building is at least 20.0% less than the TDV Energy of the standard design, as calculated in accordance with the performance approach specified in Section 151 of the 2005 Building Energy Efficiency Standards. In modeling buildings under the Existing+Addition+Alteration method, domestic hot water energy use must be included in the calculation model unless the application does not involve a change to the building's existing water heater(s).
B.
High-rise residential buildings. Applications for building permits that involve new highrise residential buildings or additions to existing high-rise residential buildings where the additions are greater than 100 square feet of conditioned floor area shall demonstrate compliance with the general compliance requirements as follows:
1.
New High-Rise Residential Buildings. When an application for a building permit involves a new high-rise residential building, the applicant shall use either the Prescriptive Approach or the Performance Approach to demonstrate compliance as specified below:
a.
Prescriptive Approach. If the building permit applicant chooses the prescriptive approach, the applicant shall use the Overall Envelope Approach in specified in Section 143(b) of the 2005 Building Energy Efficiency Standards to demonstrate that the Overall Heat Gain of the proposed building is at least 10.0% less than the Overall Heat Gain of the standard building; and the Overall Heat Loss of the proposed building is at least 10.0% less than the Overall Heat Loss of the standard building.
b.
Performance Approach. If the applicant chooses the performance approach, the applicant shall select one of the following energy budget calculation methodologies to demonstrate compliance with the general compliance requirements:
i.
Building Envelope Only. Model the building envelope only using a state-approved energy compliance software program and demonstrate that the TDV Energy of the sum of the Space Heating, Space Cooling and Indoor Fans energy components of the proposed building is at least 15.0% less than the TDV Energy of the sum of the Space Heating, Space Cooling and Indoor Fans energy components of the standard building; or,
ii.
Building Envelope and Mechanical System. Model the building envelope and mechanical system using a state-approved energy compliance software program and demonstrate that the TDV Energy of the sum of the Space Heating, Space Cooling, Indoor Fans, Pump and Heat Rejection energy components of the proposed building is at least 15.0% less than the TDV Energy of the sum of the Space Heating, Space Cooling, Indoor Fans, Pump and Heat Rejection energy components of the standard building.
2.
Additions to High-Rise Residential Buildings. When an application for a building permit involves an addition to an existing high-rise residential building, this general compliance requirement may be met by either of the following methods:
a.
Using the performance approach specified in Section 151 of the 2005 Building Energy Efficiency Standards to demonstrate that the TDV Energy of the proposed addition is at least 15.0% less than the TDV Energy of the standard design, or
b.
Using the "Existing+Addition+Alteration" calculation method to demonstrate that the TDV Energy for the sum of the energy components for the proposed building specified in either paragraph 1.b.i or 1.b.ii above is at least 15.0% less than the TDV Energy for the sum of the same energy components of the standard design.
C.
Nonresidential and hotel/motel occupancies. Applications for building permits that involve new nonresidential buildings or hotel/motel occupancies or additions to existing nonresidential buildings or hotel/motel occupancies where the additions are greater than 100 square feet of conditioned floor area shall demonstrate compliance with the general compliance requirements as follows:
1.
New Nonresidential Buildings or Hotel/Motel Occupancies. When an application for a building permit involves a new nonresidential building or a new building housing a hotel/motel occupancy, compliance with the general compliance requirements established by this chapter may be demonstrated by using either the prescriptive approach or performance approach as specified below:
a.
Prescriptive Approach. Subject to the exceptions listed below and the provisions of the 2005 Building Energy Efficiency Standards, the prescriptive approach requires compliance with the prescriptive envelope requirement and/or the prescriptive indoor lighting requirement, depending upon the work proposed in the permit application, as specified below:
i.
Prescriptive Envelopment Requirement. The Overall Envelope Approach in Section 143(b) of the 2005 Building Energy Efficiency Standards shall be used to demonstrate that the Overall Heat Gain of the proposed building is at least 10.0% less than the Overall Heat Gain of the standard building; and the Overall Heat Loss of the proposed building is at least 10.0% less than the Overall Heat Loss of the standard building, and
ii.
Prescriptive Indoor Lighting Requirement. The "Prescriptive Requirements for Indoor Lighting" contained in Section 146 of the 2005 Building Energy Efficiency Standards that apply to conditioned spaces shall be used to demonstrate that the Adjusted Actual (Installed) Watts are at least 10.0% less than the Total Allowed Watts.
(A)
Tailored Method Exception. When using the Tailored Method in retail stores to determine compliance with the prescriptive requirements for indoor lighting, Display Lighting watts may be omitted from the above calculation.
(B)
Small Alterations Exception. Lighting alterations which encompass a gross conditioned floor area equal to or less than 100 square feet are exempt from the prescriptive indoor lighting requirement.
b.
Performance Approach. When using the performance approach to demonstrate compliance with the general compliance requirements, the permit applicant shall select one of the following calculation methodologies:
i.
Building Envelope Only. Model the building envelope only for compliance using a state-approved energy compliance software program and demonstrate that the TDV Energy of the sum of the Space Heating, Space Cooling and Indoor Fans energy components of the proposed building is at least 10.0% less than the TDV Energy of the sum of the Space Heating, Space Cooling and Indoor Fans energy components of the standard building; or,
ii.
Building Envelope and Mechanical System. Model the building envelope and mechanical system for compliance using a state-approved energy compliance software program and demonstrate that the TDV Energy of the sum of the Space Heating, Space Cooling, Indoor Fans, Pump and Heat Rejection energy components of the proposed building is at least 10.0% less than the TDV Energy of the sum of the Space Heating, Space Cooling, Indoor Fans, Pump and Heat Rejection energy components for the standard building, or,
iii.
Building Envelope and Lighting. Model the building envelope and lighting for compliance using a state-approved energy compliance software program and demonstrate that the TDV Energy of the sum of the Space Heating, Space Cooling, Indoor Fans and Lighting energy components of the proposed building is at least 10.0% less than the TDV Energy of the sum of the Space Heating, the Space Cooling, Indoor Fans and Lighting energy components of the standard building; or,
iv.
Building Envelope, Lighting, and Mechanical System. Model the building envelope, lighting and mechanical system for compliance using a state-approved energy compliance software program and demonstrate that the TDV Energy of the sum of the Space Heating, Space Cooling, Lighting, Indoor Fans, Pump and Heat Rejection energy components of the proposed building is at least 10.0% less than the TDV Energy of the sum of the Space Heating, Space Cooling, Lighting, Indoor Fans, Pump and Heat Rejection energy components of the standard building.
2.
Additions to Existing Nonresidential Buildings or Hotel/Motel Occupancies. When an application for a building permit involves an addition to an existing nonresidential building or an existing building housing a hotel/motel occupancy, this general compliance requirement may be met by either of the following methods:
a.
Using one of the performance approach methodologies specified above in paragraph 1.b above to demonstrate that the TDV Energy of the sum of the energy components for the proposed addition specified in any one of the paragraphs 1.b.i through iv above is at least 10.0% less than the sum of the same energy components of the standard design, or
b.
Using the "Existing+Addition +Alteration" calculation method to demonstrate that the TDV Energy of the sum of the energy components for the proposed building specified in any one of the paragraphs 1.b.i through iv above is at least 10.0% less than the sum of the same energy components of the standard design.
D.
Documentation. In order to demonstrate compliance with the requirements of this section, a permit applicant may be required to submit supplementary forms and documentation in addition to the building drawings, specifications, and standard Title 24 report forms, as deemed appropriate by the Building Official.
(Ord. 5446, 2008)
§ 22.82.070 Credit for Solar Photovoltaic Energy Systems.
A.
Not allowed to demonstrate compliance with state standards. A photovoltaic TDV Energy credit shall not be used to demonstrate compliance with the 2005 Building Energy Efficiency Standards.
B.
Credit allowed to satisfy a portion of the general compliance requirements. A photovoltaic credit may be used to reduce the TDV Energy use of a proposed building or addition in order to satisfy the general compliance requirements of this chapter as follows:
1.
Low-Rise Residential Buildings. An application for a new low-rise residential building or an addition to an existing low-rise residential building may use a photovoltaic credit in order to demonstrate compliance with the general compliance requirements of this chapter only after the TDV Energy of the proposed building or addition, calculated without the photovoltaic credit, is at least 15.0% less than the TDV Energy of the standard building or design.
2.
High-Rise Residential Buildings. An application for a new high-rise residential building or an addition to an existing high-rise residential building may use a photovoltaic credit in order to demonstrate compliance with the general compliance requirements of this chapter only after the TDV Energy of the proposed building or addition, calculated without the photovoltaic credit, is at least 10.0% less than the TDV Energy of the standard building or design.
3.
Nonresidential Buildings and Hotel/Motel Occupancies. An application for a new nonresidential building or a new hotel/motel occupancy or an addition to an existing nonresidential building or an existing hotel/motel occupancy may use a photovoltaic credit in order to demonstrate compliance with the general compliance requirements of this chapter only after the TDV Energy of the proposed building or addition, calculated without the photovoltaic credit, is at least 5.0% less than the TDV Energy of the standard building or design.
C.
Calculation of photovoltaic credit.
1.
Performance Approach Required. In order to request a photovoltaic credit pursuant to this section, an applicant for a building permit must use an applicable performance approach methodology specified in Section 22.82.050 to demonstrate compliance with the general compliance requirements of this chapter.
2.
Calculation Inputs. When using the CECPV Calculator to calculate a photovoltaic credit, the permit applicant shall input "Site-Specific Detailed Input" including roof pitch (or tilt), the azimuth and the site shading conditions.
3.
Documentation. In order to receive a photovoltaic credit, an applicant for a building permit must include a copy of the CF-1R-PV form generated by the CECPV Calculator on the plans submitted for a building permit.
(Ord. 5446, 2008)
§ 22.82.080 Expiration.
This chapter shall expire upon the date that the State's 2008 Building Energy Efficiency Standards take effect.
(Ord. 5446, 2008)
§ 22.85.010 Permit Required for Grading.
It is unlawful for any person to perform any grading or for any property owner to allow anyone to perform any grading on any lot within the City that requires a grading permit under the provisions of the California Building Code, as adopted and amended pursuant to Section 22.04.020 of this code, without first obtaining a grading permit or building permit from the Building Official.
(Ord. 5607, 2012)
§ 22.85.020 Erosion and Sedimentation Control Plan.
The Building Official shall not issue any grading permit or building permit unless the applicant has submitted an erosion and sedimentation control plan prepared in accordance with the City of Santa Barbara Erosion and Sedimentation Control Program adopted by resolution of the City Council, and the Building Official has approved the erosion and sedimentation control plan.
(Ord. 5607, 2012)
§ 22.85.030 Installation of Erosion and Sedimentation Control Measures.
It is unlawful for any person to perform any work pursuant to a grading permit or building permit or for any property owner to allow anyone to perform any work pursuant to a grading permit or building permit on any lot within the City without installing or implementing the erosion and sedimentation control measures required for such work in accordance with the approved erosion and sedimentation control plan.
(Ord. 5607, 2012)
§ 22.85.040 Maintenance of Erosion and Sedimentation Control Measures.
It is unlawful for any person to perform any work pursuant to a grading permit or building permit or for any property owner to allow anyone to perform any work pursuant to a grading permit or building permit on any lot within the City without maintaining the erosion and sedimentation control measures required for such work in accordance with the approved erosion and sedimentation control plan. No person shall be deemed to have satisfied the requirements of an approved erosion and sedimentation control plan until a final inspection of the work has been approved.
(Ord. 5607, 2012)
§ 22.85.050 Additional Erosion and Sedimentation Control Measures.
The Building Official may require additional erosion and sedimentation control measures to be installed or implemented if an inspection of the lot demonstrates that the erosion and sedimentation control measures shown on the approved erosion and sedimentation control plan are insufficient to prevent sediment or other materials from leaving the lot, or the construction activities occurring on the lot differ from those indicated on the approved erosion and sedimentation control plan. Any additional erosion and sedimentation control measures required by the Building Official shall be incorporated into the approved erosion and sedimentation control plan.
(Ord. 5607, 2012)
§ 22.87.010 Definitions.
For the purposes of this chapter, the following words and phrases have the meaning indicated, unless the context or usage clearly requires a different meaning:
The most current version of the City of Santa Barbara Storm Water Best Management Practices (BMP) Guidance Manual approved by the City Council and on file with the Santa Barbara City Clerk's Office. The BMP Guidance Manual is part of the Storm Water Management Program.
The City of Santa Barbara Parks and Recreation Department Creeks Division.
Any activity that includes site alteration (e.g., paving, grading, excavating, filling, or clearing), or the construction or installation of new structures, roads, driveways, parking, storage facilities, or other impervious surfaces on a parcel whether privately owned or owned by the City or other public agency.
Any lot or parcel of developed or undeveloped land, excluding abutting public right-of-way.
For new development or redevelopment on private parcels less than two acres, the project site is determined by the boundaries of the parcel. For new development or redevelopment on public property, privately owned parcels larger than two acres, and public improvements, the project site is determined on a case-by-case basis considering the following: land use, project size, disturbed area, and proposed new/redeveloped impervious area.
Public improvements include:
New and reconstructed streets, roadways, curbs, gutters, sidewalks, parkways, medians, bicycle paths, drainage facilities, and similar improvements in the public right-of-way;
Addition of travel lanes, curbs, gutters, parkways, bicycle paths, or sidewalks; widening or extension of impermeable area of a public right-of-way; and
Bridge replacement projects.
Public improvements do not include:
Work in the public right-of-way to construct, maintain, repair, or replace a subsurface pipeline, conduit, wire, or similar utility facility and like-kind replacement of the impervious surface; or
Work to maintain and repair roadways, curbs, gutters, sidewalks, parkways, medians, bicycle paths, drainage facilities, and similar improvements, including reconstruction as part of maintenance and repair.
Any activity that includes the construction or installation of structures, parking, or other impervious surfaces that replaces or adds to existing structures, parking, or other impervious surfaces on a parcel whether privately owned or owned by the City or other public agency.
The storm water management program is the City of Santa Barbara Storm Water Management Program adopted by the City Council and approved by the Central Coast Regional Water Quality Control Board in satisfaction of the City's obligations under the statewide permit for California under the National Pollutant Discharge Elimination System (NPDES) Phase II Regulations, and any adopted and approved amendments.
Storm water runoff requirements are site design elements and best management practices that are determined by the Community Development Department or the Public Works Department (in consultation with the Creeks Division) to satisfy the Storm Water Management Program's standards for: (1) peak runoff discharge management; (2) runoff volume reduction; and (3) water quality treatment as specified in BMP Guidance Manual.
Words and phrases used in this chapter and defined in Appendix A of the BMP Guidance Manual have the same meaning in this chapter. |
(Ord. 5628, 2013; Ord. 5985, 2021)
§ 22.87.020 Storm Water Runoff Requirements.
A.
New development, redevelopment, and public improvements within the City shall comply with the Storm Water Runoff Requirements applicable to the activity as provided in the BMP Guidance Manual, unless the activity is exempt pursuant to Appendix J of the BMP Guidance Manual.
B.
Notwithstanding subsection A, construction or installation of a post-construction storm water facility or improvement designed to infiltrate storm water is prohibited on any parcel listed in Section 22.90.070 of this Code. Such parcels are required to comply with other requirements of the BMP Guidance Manual, including storm water treatment and peak runoff discharge rate requirements.
(Ord. 5628, 2013; Ord. 5985, 2021)
§ 22.87.030 Installation, Operation, and Maintenance of Storm Water Runoff Requirements.
A.
The owner of a parcel or project site must install, and after installation operate and maintain, the site-specific Storm Water Runoff Requirements in accordance with the approved plans for the new development or redevelopment for which the requirements were established, or as otherwise specified in the conditions of approval of the development or redevelopment.
B.
In addition to any inspections conducted pursuant to Chapter 22.04, the owner must allow any employee of the City with responsibility for enforcement of this chapter reasonable access, upon 72 hours written notice, to inspect the installation, operation, or maintenance of the site-specific Storm Water Runoff Requirements on the parcel or project site.
C.
Any employee of the City with responsibility for enforcement of this chapter may give written notice by first class mail or personal delivery to a person having ownership or control of a parcel to undertake monitoring and analysis and to furnish reports regarding such monitoring and analysis to the City, at the responsible party's expense, to demonstrate compliance with the requirements of this section, including a requirement to take samples and perform testing as deemed necessary to demonstrate compliance with this chapter.
(5628, 2013; Ord. 5985, 2021)
§ 22.87.040 Enforcement.
§ 22.90.010 Purpose.
By reason of special geologic hazard, unstable soils condition, and lack of suitable support, new construction must be prohibited within the area known as the "Conejo Slide." A landslide that occurred in the vicinity of Conejo Road within the City of Santa Barbara revealed unstable conditions in the area depicted on the Map of the Conejo Slide Area adopted as part of this chapter. The area was the subject of a report (dated April, 1984) by Geotechnical Consultants, Inc. and has been under observation since. Three separate landslide masses were identified as being subject to special geologic hazard, designated as Slide Mass A, Slide Mass B, and Slide Mass C, all located within Slide Mass C on the Map of the Conejo Slide Area adopted as part of this chapter. The earth within the boundary of Slide Mass C is unstable; structures and other property on Slide Mass A, Slide Mass B, and Slide Mass C have been damaged because of that instability; and further damage to structures and property within the boundary of Slide Mass C is highly probable. Excessive groundwater has been identified as a major cause of instability. Septic tanks have contributed sewage effluent to that excessive groundwater. The provisions of this chapter are necessary to maintain the public safety and welfare and to protect against hazardous local geologic and soils conditions.
(Ord. 5030, 1997)
§ 22.90.020 Definitions.
For the purposes of this title, the following words and phrases shall have the meanings indicated, unless the context or usage clearly requires a different meaning:
means an excavation in the ground which receives discharge from any sanitation plumbing facilities.
means the area within the boundary depicted on the map identified as the Map of the Conejo Slide Drainage Area adopted by Section 22.90.065 of this chapter.
means any man-made change to improved or unimproved real property after June 11, 1991, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, which requires a building permit.
means a structure for private treatment of sewage before disposal into a cesspool, seepage hole or leaching system.
means the landslide mass so described in the report by Geotechnical Consultants, Inc. (dated April, 1984) concerning geotechnical investigations of the Conejo Road Landslide, the boundary to which is depicted on the Map of the Conejo Slide Area adopted by Section 22.90.045 of this chapter.
(Ord. 5030, 1997)
§ 22.90.030 New Construction Prohibited; Exceptions.
A.
All new construction is prohibited on the parcels which are located entirely or partially within the boundary of Slide Mass C, except as provided in this chapter. The existing parcels located entirely or partially within Slide Mass C are identified in Section 22.90.050, Parcels Within Slide Mass C.
B.
It is unlawful to erect, produce, permit, maintain or keep any new construction on a parcel which is located entirely or partially within the boundary of Slide Mass C, in violation of the provisions of this chapter.
C.
The following new construction is excepted from the prohibitions of this section:
D.
As used in this section, the term "new construction" shall not include the construction of a home on any legal parcel located entirely within Slide Mass C where the parcel contained a home which was destroyed by fire or other casualty after November 12, 2008.
(Ord. 5030, 1997; Ord. 5582, 2012)
§ 22.90.040 Exception: Designs by Engineering Geologist.
A.
The Chief of Building and Safety may approve, or approve with conditions, new construction on any portion of such affected parcels which is located at least 25 feet outside of the boundary of Slide Mass C, upon plans that incorporate the accepted findings and recommendations of a licensed engineering geologist, based upon adequate site investigations, borings, soil samples, laboratory tests and a review of all record data for the parcel and slide area, to the satisfaction of the Chief of Building and Safety and in compliance with all other applicable codes and regulations.
B.
A preliminary evaluation of the engineering geologist for the suitability of improvements on such area shall be submitted for review by the Chief of Building and Safety before the preparation of plans pursuant to this section. The Chief of Building and Safety may employ expert peer review in reaching a decision as to whether to accept or reject the findings of the evaluation.
C.
The decision of the Chief of Building and Safety may be appealed to the Building and Fire Code Board of Appeals, whose decisions shall be final.
D.
Such approval may require submission and/or recording of a release and agreement, approved by the City Attorney, to indemnify the City, its officers and employees, from liability related to such new construction.
E.
New construction in accordance with such approved plans shall not be unlawful under the provisions of this chapter.
F.
Non-Habitable Improvements. Non-habitable building improvements may be constructed within 25 feet of the Slide Mass C boundary but not closer than 10 feet. For the purposes of this subsection, nonhabitable improvements shall include walkways, retaining and non-retaining walls, driveway paving, portable storage sheds, and other non-habitable improvements as deemed appropriate by the Chief Building Official. However, septic systems, building sewers, sewer laterals, water piping, and landscaping sprinklers remain prohibited when within the 25 feet of the boundary of Slide Mass C.
(Ord. 5030, 1997; Ord. 5522, 2010)
§ 22.90.045 Map of the Conejo Slide Area.
The Map of the Conejo Slide Area, as depicted in the Grover-Hollinsworth Geotechnical Report dated May 29, 2009, and depicting the parcels of real property that are located entirely or partially within the boundary of Slide Mass C of the Conejo Slide Area is hereby amended to be consistent with the boundaries described in above-referenced Report. The City Clerk and the Chief Building Official shall each keep a copy of the Map of the Conejo Slide Area and a full copy of the May 29, 2009, Grover-Hollinsworth Geotechnical Report on file as received by the City. A facsimile example of such map shall be reproduced and codified with this section as an exhibit to this section.
 REVISED CONEJO LANDSLIDE MAP (MARCH 1, 2010) |
(Ord. 5030, 1997; Ord. 5522, 2010)
§ 22.90.050 Parcels Within Slide Mass C.
The parcels of real property that are entirely or partially within the Conejo Slide Area, Slide Mass C, are as follows:
Assessor's Parcel No. | Address | Assessor's Parcel No. | Address |
|---|---|---|---|
19-061-34 | 11 Ealand Place | 19-061-24 | 508 Conejo Road |
19-061-27 | 16 Ealand Place | 19-061-25 | 530 Conejo Road |
19-061-35 | 17 Ealand Place | 19-062-06 | 481 Conejo Road |
19-061-07 | 21 Ealand Place | 19-062-07 | 529 Conejo Road |
19-061-03 | 22 Ealand Place | 19-062-04 | 525 Conejo Road |
19-061-33 | 27 Ealand Place | 19-062-05 | 535 Conejo Road |
19-061-06 | 29 Ealand Place | 21-143-05 | 1761 Sycamore Canyon Road |
19-061-17 | 468 Conejo Road | 21-143-07 | 1815 Stanwood Drive |
19-061-18 | 474 Conejo Road | 21-143-01 | 1825 Stanwood Drive |
19-061-19 | 478 Conejo Road | 13-161-04 | 1761 Sycamore Canyon Road |
19-061-20 | 486 Conejo Road | 21-143-06 | (Edison property) |
19-061-21 | 494 Conejo Road | 21-143-04 & 13-161-03 | 1761 Sycamore Canyon Road |
19-150-03 | 498 Conejo Road | 19-150-05 | 1709 Sycamore Canyon Road |
19-061-23 | 502 Conejo Road | 19-150-10 | 1705 Sycamore Canyon Road |
(Ord. 5030, 1997)
§ 22.90.060 Septic Tanks Prohibited.
No person shall construct or install a septic tank or increase the use of a septic tank on any parcel located entirely or partially within the Conejo Slide Drainage Area. Such parcels are identified in the listing of parcels adopted as Section 22.90.070 of this chapter, entitled "Parcels Within Conejo Slide Drainage Area."
(Ord. 5030, 1997)
§ 22.90.065 Map of Conejo Slide Drainage Area.
The Map of the Conejo Slide Drainage Area, dated November 6, 1997 and depicting the limits of the Conejo Slide Drainage Area and the parcels located entirely or partially within the Conejo Slide Drainage Area, is hereby adopted. The City Clerk and the Chief of Building and Safety shall each keep a copy of the Map of the Conejo Slide Drainage Area on file as adopted. An example of such map shall be reproduced and codified with this section.
 CONEJO SLIDE DRAINAGE AREA |
(Ord. 5030, 1997)
§ 22.90.070 Parcels Within Conejo Slide Drainage Area.
The parcels of real property that are either entirely or partially within the Conejo Slide Drainage Area are as follows:
Assessor's Parcel No. | Address | Assessor's Parcel No. | Address |
|---|---|---|---|
19-061-26 | 10 Ealand Place | 19-150-03 | 498 Conejo Road |
19-061-34 | 11 Ealand Place | 19-062-11 | 501 Conejo Road |
19-061-27 | 16 Ealand Place | 19-061-23 | 502 Conejo Road |
19-061-35 | 17 Ealand Place | 19-062-10 | 507 Conejo Road |
19-061-07 | 21 Ealand Place | 19-061-24 | 508 Conejo Road |
19-061-03 | 22 Ealand Place | 19-062-09 | 515 Conejo Road |
19-061-32 | 24 Ealand Place | 19-062-08 | 523 Conejo Road |
19-061-33 | 27 Ealand Place | 19-062-07 | 529 Conejo Road |
19-061-06 | 29 Ealand Place | 19-061-25 | 530 Conejo Road |
19-121-08 | 80 Conejo Road | 19-062-04 | 525 Conejo Road |
19-042-08 | 114 Conejo Road | 19-062-03 | 533 Conejo Road |
19-042-11 | 116 Conejo Road | 19-062-05 | 535 Conejo Road |
19-042-10 | 134 Conejo Road | 19-062-02 | 545 Conejo Road |
19-050-31 | 331 Conejo Road | 21-143-07 | 1815 Stanwood Drive |
19-050-30 | 333 Conejo Road | 21-143-01 | 1825 Stanwood Drive |
19-050-28 | 345 Conejo Road | 13-161-04 | 1761 Sycamore Canyon Road |
19-061-30 | 352 Conejo Road | 21-143-06 | (Edison property) |
19-061-01 | 350 Conejo Road | 21-143-05 & 13-161-03 | 1761 Sycamore Canyon Road |
19-050-29 | 357 Conejo Road | 19-150-05 | 1709 Sycamore Canyon Road |
19-050-10 | 413 Conejo Road | 19-150-10 | 1705 Sycamore Canyon Road |
19-061-10 | 418 Conejo Road | 21-143-04 | 1761 Sycamore Canyon Road |
19-050-12 | 425 Conejo Road | 19-130-10 | 1048 Las Alturas Road |
19-050-20 | 427 Conejo Road | 19-150-15 | 46 Camino Alto |
19-061-11 | 428 Conejo Road | 19-130-25 | 100 Camino Alto |
19-061-12 | 434 Conejo Road | 19-130-26 | 110 Camino Alto |
19-050-19 | 435 Conejo Road | 19-150-13 | 120 Camino Alto |
19-061-13 | 438 Conejo Road | 19-121-09 | 121 Camino Alto |
19-050-18 | 441 Conejo Road | 19-050-13 | 430 Conejo Road |
19-061-29 | 444 Conejo Road | 19-042-05 | 140 Camino Alto |
19-050-17 | 447 Conejo Road | 19-042-09 | 150 Camino Alto |
19-061-37 | 450 Conejo Road | 19-044-02 | 155 Camino Alto |
19-061-36 | 456 Conejo Road | 19-130-32 | 1050 Las Alturas Road |
19-061-16 | 462 Conejo Road | 19-130-31 | 1052 Las Alturas Road |
19-061-17 | 468 Conejo Road | 19-121-06 | 33 Las Alturas Circle |
19-061-18 | 474 Conejo Road | 19-031-14 | 45 Las Alturas Circle |
19-061-19 | 478 Conejo Road | 19-050-05 | 318 Sherman Road |
19-062-06 | 481 Conejo Road | 19-042-13 | 124 Conejo Road |
19-061-20 | 486 Conejo Road | 19-042-12 | 140 Conejo Road |
19-061-21 | 494 Conejo Road | 19-042-14 | 140 Conejo Road |
19-061-31 | 3512 Conejo Road | 19-050-15 | 6547 Coronita Street, Carlsbad, CA 92009 (OWNER) |
(Ord. 5030, 1997)
§ 22.90.080 Special Geological Provisions.
Those residential structures identified in the report dated December 17, 2009, prepared by Frank J. Kenton for the City's Chief Building Official (hereinafter the "2009 Kenton Report"), which are listed as being appropriate for reconstruction, may be reconstructed by their owners in the manner consistent with the recommendations contained with the 2009 Kenton Report, including, specifically, the applicable construction recommendations contained in the Grover Hollinsworth and Associates, Inc., report dated May 29, 2009, both of which reports shall be on file with the City Clerk.
(Ord. 5522, 2010)
§ 22.91.010 Definitions.
The following words and phrases as used in this chapter are defined as follows:
means the utilization of one or more of the following:
includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by the City on another similarly situated application in a prior successful application for a permit. The City shall use its best efforts to ensure that the selected method, condition, or mitigation meets the conditions of subparagraphs (A) and (B) of paragraph (1) of subdivision (b) of Section 714 of the Civil Code, as such section or subdivision may be amended, renumbered, or redesignated from time to time.
is a solar energy system that satisfies all of the following elements:
A solar energy system that is no larger than 10 kilowatts alternating current nameplate rating or 30 kilowatts thermal;
A solar energy system that conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the City and paragraph (iii) of subdivision (c) of Section 714 of the Civil Code, as such section or subdivision may be amended, renumbered, or redesignated from time to time;
A solar energy system that is installed on a single-unit residence or a two-unit residence; and
A solar panel or module array that does not exceed the maximum legal building height as defined by the authority having jurisdiction.
has the same meaning set forth in paragraphs (1) and (2) of subdivision (a) of Section 801.5 of the Civil Code, as such section or subdivision may be amended, renumbered, or redesignated from time to time.
means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health and safety standards, policies, or conditions as they existed on the date the application was deemed complete.
(Ord. 5713, 2015; Ord. 5798, 2017)
§ 22.91.020 Administrative Approval Process.
The City shall administratively approve applications to install solar energy systems pursuant to the provisions of this chapter. If an application for a solar energy system satisfies all of the requirements of the Small Residential Rooftop Solar Energy System checklist, the application shall receive expedited review pursuant to Section 22.91.030. Otherwise, all applications to install solar energy systems shall be processed pursuant to this section.
A.
Application. Prior to submitting a solar energy system permit application and checklist to the City, the applicant shall:
1.
Verify to the applicant's reasonable satisfaction through the use of standard engineering evaluation techniques that the support structure for the solar energy system is stable and adequate to transfer all wind, seismic, and dead and live loads associated with the system to the building foundation; and
2.
Verify that the existing electrical system's current or proposed configuration will accommodate all new photovoltaic electrical loads in accordance with the edition of the California Electrical Code in effect at the time the solar energy system permit application is submitted; and
3.
Verify that the proposal is exempt from, or otherwise complies with, the coastal development permit requirements pursuant to Public Resources Code 30610, Sections 13250 to 13253 of Title 14 of the California Administrative Code, and Chapter 28.44, Chapter 30.35 and Chapter 30.210 of the Santa Barbara Municipal Code.
B.
Extent of Review. The review of all applications to install a solar energy system shall be limited to the Building Official's review of whether the proposed solar energy system meets all health and safety requirements of local, state, and federal law, and the City Planner's review of applicable building height, open yard requirements, and zoning setbacks pursuant to Title 28 and Title 30 of the Santa Barbara Municipal Code. If the Building Official makes a finding, based on substantial evidence, that the solar energy system could have a specific, adverse impact upon the public health and safety, the City shall require the applicant to obtain a Performance Standard Permit.
C.
Standards for Solar Energy Systems. All solar energy systems proposed for installation within the City of Santa Barbara shall meet the following standards, as applicable:
1.
All solar energy systems shall meet applicable health and safety standards and requirements imposed by state and local permitting authorities, including building height, zoning setback, minimum open yard, and permitted construction standards.
2.
Solar energy systems for heating water in single-family residences and solar collectors used for heating water in commercial or swimming pool applications shall be certified by an accredited listing agency as defined in the California Plumbing and Mechanical Codes.
3.
A solar energy system for producing electricity shall meet all applicable safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability.
4.
Solar energy systems may be installed on a property with outstanding violations of the City's Municipal Code so long as both of the following requirements are satisfied:
a.
The proposed solar energy system installation will not rely upon prior construction that was identified as a violation in an unresolved City notice or document; and
b.
In the course of conducting the building inspection for a solar energy system, a health or life-safety hazard is not observed. Examples of such hazards include, but are not limited to, conditions that could lead to structural failure, electrical shock, and sanitary sewer failures.
D.
Performance Standard Permit. In the case where the Building Official makes a finding, based on substantial evidence, that the solar energy system could have a specific, adverse impact upon the public health and safety, the solar energy system shall not be installed until a Performance Standard Permit has been issued for the solar energy system pursuant to Chapter 28.93 or Chapter 30.255 of this code. The Performance Standard Permit shall require the installation or incorporation of methods or conditions necessary to minimize or avoid the specific, adverse impact.
E.
Appeal. The Building Official's decision that a proposed solar energy system could have a specific, adverse impact upon the public health and safety is appealable in accordance with the following procedures:
1.
Who May Appeal. The decision of the Building Official may be appealed to the Planning Commission by the applicant. No other persons can appeal.
2.
Timing for Appeal. The applicant must file a written appeal with the Community Development Director no more than 10 calendar days following the Building Official's decision. The appeal shall include the grounds for appeal.
3.
Grounds for Appeal. The decision of the Building Official may be appealed on the grounds that the Building Official's decision that a proposed solar energy system could have a specific, adverse impact upon the public health and safety is not supported by substantial evidence.
4.
Scheduling an Appeal Hearing. The Community Development Department shall assign a date for an appeal hearing before the Planning Commission no earlier than 10 calendar days after the date on which the appeal is filed with the Community Development Director. The appeal hearing shall generally be held within 60 calendar days following the filing of the application for the hearing.
5.
Power to Act on the Decision at Appeal Hearing. The Planning Commission may affirm, reverse, or modify the Building Official's decision that a proposed solar energy system could have a specific, adverse impact upon the public health and safety in accordance with the following:
a.
A decision to affirm the decision of the Building Official shall require a finding based on substantial evidence in the record that the proposed solar energy system could have a specific, adverse impact upon the public health and safety.
b.
If the Planning Commission determines that there is not substantial evidence that the solar energy system could have a specific adverse impact upon the public health and safety, then the decision of the Building Official shall be reversed and the project shall be approved.
c.
If the Planning Commission determines that conditions of approval would mitigate the specific adverse impact upon the public health and safety, then the decision of the Building Official shall be reversed and the project shall be conditionally approved. Any conditions imposed shall mitigate at the lowest cost possible, which generally means the permit condition shall not cause the project to exceed 10% of the cost of the small rooftop solar energy system or decrease the efficiency of the small rooftop solar energy system by an amount exceeding 10%.
6.
The decision of the City Planning Commission is final.
(Ord. 5713, 2015; Ord. 5798, 2017)
§ 22.91.030 Expedited, Streamlined Permitting Process for Small Residential Rooftop Solar Energy Systems.
In compliance with Government Code Section 65850.5, the City has developed an expedited and streamlined permitting process for qualifying Small Residential Rooftop Solar Energy Systems. The submittal requirements and review procedures for applications of Small Residential Rooftop Solar Energy Systems are as follows:
A.
Application Checklist. In order to be eligible for expedited review, prior to submitting a solar energy system permit application and checklist to the City, the applicant shall:
1.
Verify to the applicant's reasonable satisfaction through the use of standard engineering evaluation techniques that the support structure for the solar energy system is stable and adequate to transfer all wind, seismic, and dead and live loads associated with the system to the building foundation; and
2.
Verify that the existing electrical system's current or proposed configuration will accommodate all new photovoltaic electrical loads in accordance with the edition of the California Electrical Code in effect at the time the solar energy system permit application is submitted; and
3.
Verify that the proposal is exempt from, or otherwise complies with, the coastal development permit requirements pursuant to Public Resources Code 30610, Sections 13250 to 13253 of Title 14 of the California Administrative Code, and Chapter 28.44, Chapter 30.35 and Chapter 30.210 of the Santa Barbara Municipal Code.
B.
Application Submission. The City accepts the submission of applications for Small Residential Rooftop Solar Energy Systems and the associated checklist and documentation in person at the Building Permit counter or by electronic submittal. The City shall accept signatures electronically for electronic submittals.
C.
Standards for Solar Energy Systems. All solar energy systems proposed for installation within the City of Santa Barbara shall meet the following standards, as applicable:
1.
All solar energy systems shall meet applicable health and safety standards and requirements imposed by state and local permitting authorities, including building height, zoning setback, minimum open yard, and permitted construction standards.
2.
Solar energy systems for heating water in single-family residences and solar collectors used for heating water in commercial or swimming pool applications shall be certified by an accredited listing agency as defined in the California Plumbing and Mechanical Codes.
3.
A solar energy system for producing electricity shall meet all applicable safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability.
4.
Solar energy systems may be installed on a property with outstanding violations of the City's Municipal Code so long as both of the following requirements are satisfied:
a.
The proposed solar energy system installation will not rely upon prior construction that was identified as a violation in an unresolved City notice or document; and
b.
In the course of conducting the building inspection for a solar energy system, a health or lifesafety hazard is not observed. Examples of such hazards include, but are not limited to, conditions that could lead to structural failure, electrical shock, and sanitary sewer failures.
D.
Application Review. The Building and Safety Division shall confirm whether the application and supporting documents are complete and meet the requirements of the City's Small Residential Rooftop Solar Energy System checklist. The Building and Safety Division shall review applications for Small Residential Rooftop Solar Energy Systems within 24 working hours (three working days) of submission. Mounting the solar panels on the plane of the roof with the California Solar Permitting Guide "Flush Mount" standards, will eliminate the need for confirmation of maximum building height.
E.
Complete Application. An application that satisfies the information requirements specified in the City's Small Residential Rooftop Solar Energy System checklist shall be deemed complete.
F.
Incomplete Application. If the Building and Safety Division determines that an application for a Small Residential Rooftop Solar Energy System is incomplete, the Building and Safety Division shall issue a written correction notice detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance. Alternatively, if the Building and Safety Division determines that the proposed solar energy system, as proposed, will not qualify as a Small Residential Rooftop Solar Energy System, the Building and Safety Division may recommend that the applicant resubmit his or her application pursuant to Section 22.91.020.
G.
Permit Approval. Upon confirmation by the Building and Safety Division that the application and supporting documents are complete and meet the requirements of the Small Residential Rooftop Solar Energy System checklist, the Building Official shall approve the application and issue all required permits or authorizations electronically.
H.
Inspections. The installation of a Small Residential Rooftop Solar Energy System shall only require one building inspection which, if a fire inspection is required, shall be consolidated with the fire inspection. If the installation of the Small Residential Rooftop Solar Energy System fails the inspection, a subsequent inspection or inspections shall be required, at the applicant's expense, until the installation passes inspection or is cancelled and the solar energy system is removed to the satisfaction of the Building Official.
(Ord. 5713, 2015; Ord. 5798, 2017)
§ 22.92.010 Penalty for Violation.
A.
It is unlawful for any person, firm or corporation, whether as principal, agent, employee or otherwise, to explore for, prospect for, or drill for, or to permit or to commence the exploration, prospecting or drilling for, oil, gas or other hydrocarbon substances within the corporate limits of the City. Any such activity shall be deemed to constitute a nuisance.
B.
The violation of any provision of this section, or of any provision of Section 1500 of the Charter prohibiting drilling for oil, gas, or other hydrocarbon substances within the corporate limits of the City shall be deemed a misdemeanor and shall be punished by a fine of not exceeding $500.00 or imprisonment for a term of not exceeding six months, or by both such fine and imprisonment.
C.
Every day on which any violation of this section or of such section of the Charter occurs shall constitute a separate offense for any day upon which the same occurs.
(Prior code §33.1; Ord. 3077 §1, 1965)
§ 22.92.020 Drilling, Etc., Declared Nuisance - Abatement.
Any use of property within the corporate limits of the City for the exploration, prospecting or drilling for oil, gas or other hydrocarbon substances, and any equipment or structure set up, erected, built or maintained or used thereon or therein, for the exploration, prospecting or drilling for oil, gas or other hydrocarbon substances, is declared to be a public nuisance, and the City Attorney shall, upon order of the City Council, immediately commence action proceedings for the abatement and removal and enjoinment thereof in the manner provided by law and shall take such other steps and shall apply to such court as may have jurisdiction to grant such relief as will abate, remove, restrain and enjoin the use of any such property within the corporate limits of the City and the erection, maintenance or use of any such equipment or structure for any such purposes contrary to the provisions of this chapter.
(Prior code §33.2)
§ 22.92.030 Nonconforming Uses.
The lawful use of land existing on June 27, 1953, although such use does not conform to the provisions of this chapter may be continued, but if such nonconforming use is abandoned any future use of the land shall be in conformity with the provisions of this chapter.
(Prior code §33.3)
§ 22.93.010 Expedited Electric Vehicle Charging Station Permitting.
Electric Vehicle Charging Stations which qualify for expedited permit processing, pursuant to Government Code Section 65850.7, shall be subject to the administrative permitting procedures set forth in the City's Electric Vehicle Charging Station Permit Expediting Ordinance.
(Ord. 5818, 2017)
§ 22.93.020 Expedited Review Process.
The Chief Building Official shall implement an expedited administrative permit review process for electric vehicle charging stations, and adopt a checklist of all requirements with which electric vehicle charging stations shall comply with in order to be eligible for expedited review. The expedited administrative permit review process and checklist may refer to the recommendations in the checklist prescribed by the most current version of the "Plug-In Electric Vehicle Infrastructure Permitting Checklist" of the "Zero-Emission Vehicles in California: Community Readiness Guidebook" published by the Governor's Office of Planning and Research. The City's checklist shall be published on the City's website.
(Ord. 5818, 2017)
§ 22.93.030 Electronic Submittals.
The Chief Building Official shall allow for electronic submittal of permit applications covered by this chapter and associated supporting documentations. In accepting such permit applications, the Chief Building Official shall also accept electronic signatures on all forms, applications, and other documentation in lieu of a wet signature by any applicant.
(Ord. 5818, 2017)
§ 22.93.040 Association Approval.
The Chief Building Official shall not condition the approval for any electric vehicle charging station permit upon the approval of such a system by an association, as that term is defined by Civil Code Section 4080.
(Ord. 5818, 2017)
§ 22.93.050 Permit Application Processing.
A permit application that satisfies the information requirements in the City's checklist shall be deemed complete and be promptly processed. Upon confirmation by the Chief Building Official that the permit application and supporting documents meets the requirements of the City checklist, and is consistent with all applicable laws, the Chief Building Official shall, consistent with Government Code Section 65850.7, approve the application and issue all necessary permits. Such approval does not authorize an applicant to energize or utilize the electric vehicle charging station until approval is granted by the City. If the Chief Building Official determines that the permit application is incomplete, he or she shall issue a written correction notice to the applicant, detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.
(Ord. 5818, 2017)
§ 22.93.060 Technical Review.
It is the intent of this chapter to encourage the installation of electric vehicle charging stations by removing obstacles to permitting for charging stations so long as the action does not supersede the Chief Building Official's authority to address higher priority life-safety situations. If the Chief Building Official makes a finding based on substantial evidence that the electric vehicle charging station could have a specific adverse impact upon the public health or safety, as defined in Government Code 65850.7, the City may require the applicant to apply for a use permit.
(Ord. 5818, 2017)
§ 22.93.070 Electric Vehicle Charging Station Use Permit.
If, upon making the findings specified in Section 22.93.060, the Chief Building Official requires an applicant to apply for a use permit, the applicant shall submit an application for an Electric Vehicle Charging Station Use Permit with any supporting information specified by the Chief Building Official in the application requirements. The Chief Building Official shall not deny an application for an Electric Vehicle Charging Station Use Permit unless the Chief Building Official makes the following findings supported by substantial evidence: (i) the proposed installation would have a specific, adverse impact upon the public health or safety; and (ii) there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The findings shall include the basis for the rejection of potentially feasible alternatives of preventing the adverse impact. Any conditions imposed on an application to install an electric vehicle charging station shall be designed to mitigate the specific, adverse impact upon the public health or safety at the lowest cost possible.
(Ord. 5818, 2017)
§ 22.93.080 Appeals.
§ 22.96.010 Legislative Intent.
The City Council, having found that the existence of closed, vacant and inoperative automobile service stations which are not properly maintained constitutes a danger to public health, safety, comfort and welfare in that such conditions lead to unsightliness, blight, vandalism, trespass, and decreasing values to surrounding properties, and that such abuses entitle this City to exercise its Police powers to protect the health, safety, comfort and welfare of the community, intends the following regulations to provide for the property maintenance of closed, vacant and inoperative automobile service stations.
(Ord. 3765 §1, 1975)
§ 22.96.020 Definitions.
means an automobile service station where the owner or lessee has failed to operate such station for the retail sale of gasoline and other petroleum products to the general public for at least 90 consecutive days and where the property has not been converted to another nonresidential use permitted by Title 28 or Title 30 of this code.
An automobile service station which is used only as a storage facility for gasoline and other petroleum products is an abandoned service station for the purposes of this chapter. |
means any site where the buildings are designed, built and operated for the purpose of dispensing and selling fuels for internal combustion engines of any automotive vehicles.
(Ord. 3765 §1, 1975; Ord. 5798, 2017)
§ 22.96.030 Maintenance Requirements.
All abandoned service stations in the City of Santa Barbara shall be maintained in compliance with the following requirements:
A.
The windows, doors and any and all openings in all buildings on the site shall be securely covered with plywood or other comparable material at least 3/4 inches in thickness which shall be painted to match the color of the building;
B.
Vehicular access to the site shall be prevented by the installation of chain barriers firmly affixed to the ground;
C.
All trees, shrubs, bushes and other landscaping on the site shall be properly watered and otherwise maintained.
(Ord. 3765 §1, 1975)
§ 22.96.040 Public Nuisance.
Any abandoned service station which is not maintained in compliance with the requirements set forth in Section 22.96.030 is hereby declared to be a public nuisance.
(Ord. 3765 §1, 1975)
§ 22.96.050 Abatement Procedure.
Upon discovery of conditions constituting a public nuisance as defined in Section 22.96.040, the Chief of Building and Zoning shall give notice to cause abatement of the public nuisance. Notification shall be personally served or sent by certified mail to all persons, firms, corporations and other entities which the records of the Recorder of the County of Santa Barbara disclose a claim or interest in the automobile service station. The notification shall be in the following form:
NOTICE OF VIOLATION |
DECLARATION OF VIOLATION OF TITLE 22, CHAPTER 22.96 OF THE SANTA BARBARA MUNICIPAL CODE RELATING TO MAINTENANCE OF ABANDONED SERVICE STATIONS. |
NOTICE IS HEREBY GIVEN that as of _________ day of __________, 20_____, the Chief of Building and Zoning of the City of Santa Barbara has found and determined that conditions exist on the real property described as County Assessor's Parcel No. _________, located at _________ in the City of Santa Barbara, which constitute a public nuisance and a violation of Title 22, Chapter 22.96, of the Santa Barbara Municipal Code, in that an abandoned service station is located thereon and is not being maintained pursuant to the requirements of Section 22.96.030 of Chapter 22.96 of Title 22 of the Santa Barbara Municipal Code. |
Notwithstanding any other provisions of this code, if the nuisance is not abated by properly maintaining the abandoned service station in accordance with the provisions of Section 22.96.030 within 30 days from the date of delivery of this notice, enforcement proceedings for the abatement of said public nuisance shall be commenced pursuant to the provisions of Section 22.96.080. |
DATED: _________ |
____________________ Chief of Building and Zoning |
(Ord. 3765 §1, 1975)
§ 22.96.060 Effect of Voluntary Abatement.
If the public nuisance is abated by the owner or lessee of any abandoned service station within the 30 day period allowed in the Notice of Violation, further abatement proceedings shall be terminated.
(Ord. 3765 §1, 1975)
§ 22.96.070 Extension of Abatement Period.
If the abatement of the public nuisance is commenced within the 30 day period provided in Section 22.96.050, but not completed, the Chief of Building and Zoning may grant a single extension of 15 days for good cause shown, such as delays beyond the control of the affected party or parties.
(Ord. 3765 §1, 1975)
§ 22.96.080 Abatement Hearing; Setting and Notice.
A.
In the event the owner of an abandoned service station which is not maintained in compliance with this chapter fails to abate the public nuisance within the time allowed, the City Council shall set a public hearing to consider its abatement.
B.
The Chief of Building and Zoning shall cause notification of the hearing to be personally served or sent by certified mail to the persons, firms, corporations and other entities which the records of the Recorder of the County of Santa Barbara disclose claim an interest in the automobile service station. The notification shall be in the following form:
NOTICE OF HEARING ABATEMENT OF PUBLIC NUISANCE |
NOTICE IS HEREBY GIVEN that on _________ day of _________, 20______, at the hour of _________, of said day, the City Council of the City of Santa Barbara will hold a public hearing at Council Chambers, City Hall, to ascertain whether the maintenance of an abandoned service station in the City of Santa Barbara at _________ constitutes a public nuisance as defined in Section 22.96.040 of Chapter 22.96 of the Santa Barbara Municipal Code and requires abatement as prescribed in said chapter. |
The conditions which shall be the subject of the public hearing are as follows: |
That if the condition of maintenance is found to constitute a public nuisance as defined in Section 22.96.040 of said Code, and the public nuisance has not been abated by the owner or owners of such service station, such public nuisance may be ordered by the City Council to be abated by such owner or owners, or may be ordered to be abated by the duly constituted authorities of this City and the cost thereof charged to such owner or owners or placed as a lien against the property; |
That all persons having any objection to or interest in said matters are hereby notified to attend the meeting stated in this Notice, when their testimony and evidence will be heard and given consideration. |
DATED: _________ |
____________________ (Title and Address of Enforcement Authority) |
C.
A copy of the Notice of Hearing shall be posted conspicuously on each of the premises and buildings affected.
D.
A copy of said Notice of Hearing shall be served personally or by certified mail and posted at least 15 days before the time fixed for the hearing. Proof of service and posting of such notice shall be made by written declaration under penalty of perjury and be filed with the City Council.
(Ord. 3675 §1, 1975)
§ 22.96.090 Abatement Hearing by City Council.
A.
At the time stated in the notices, the City Council shall hear and consider all relevant evidence, objections or protests, and shall receive testimony from owners, witnesses, City personnel and interested persons relative to such alleged public nuisance. Said hearing may be continued from time to time.
B.
Upon the conclusion of said hearing, the City Council shall, based upon such hearing, determine whether the premises, or any part thereof, as maintained constitutes a public nuisance as defined in Section 22.96.040. If the City Council finds that such public nuisance does exist, the City Council shall adopt a resolution declaring such premises to be a public nuisance and ordering the abatement of the same within a reasonable period of time to be determined by Council, by having such premises, buildings or structures maintained in compliance with Section 22.96.030.
(Ord. 3765 §1, 1975)
§ 22.96.100 Service on Owner of Resolution to Abate.
A copy of the resolution of the City Council ordering the abatement of said nuisance shall be served upon the owners of said property in accordance with the provisions of Section 22.06.050 and shall contain a list of needed corrections and abatement methods. Any property owner shall have the right to have any such premises maintained in accordance with said resolution and at his or her own expense provided the same is done prior to the expiration of the designated abatement period. Upon such abatement in full by the owner, then proceedings hereunder shall terminate.
(Ord. 3765 §1, 1975)
§ 22.96.110 Abatement by City.
If such nuisance is not completely abated by the owner as directed within the designated abatement period, then the Chief of Building and Zoning may cause the same to be abated by City forces or private contract and the Chief (or his or her designated agents) is expressly authorized to enter upon said premises for such purpose.
(Ord. 3765 §1, 1975)
§ 22.96.120 Record of Cost for Abatement.
The Chief of Building and Zoning shall keep an account of the cost (including incidental expenses) of abating such nuisance on each separate lot, or parcel of land where the work is done and shall render an itemized report in writing to the said City Council showing the cost of abatement, provided, that before said report is submitted to said City Council, a copy of the same shall be posted for at least five days upon such premises, together with a notice of the time when said report shall be heard by the City Council for confirmation; a copy of said report and notice shall be mailed to the owners of said property, in accordance with the provisions of Section 22.96.050 at least five days prior to submitting the same to the City Council. The term "incidental expenses" shall include, but not be limited to, the actual and overhead expenses and costs of the City in the preparation of notices, specifications and contracts, and in inspecting the work, and the costs of printing and mailing required hereunder.
(Ord. 3765 §1, 1975)
§ 22.96.130 Report - Hearing and Proceedings.
At the time and place fixed for receiving and considering said report, the City Council shall hear and pass upon the report of the Chief of Building and Zoning together with any objections or protests. Thereupon the City Council may make such revision, correction or modification in the report as it may deem just, after which the report, as submitted or revised, corrected or modified, shall be confirmed. The decision of the City Council on all protests and objections which may be made shall be final and conclusive.
(Ord. 3765 §1, 1975)
§ 22.96.140 Assessment of Costs Against Property; Lien.
The total cost of abating such nuisance, as so confirmed by the City Council, shall constitute a special assessment against the respective lot or parcel of land to which it relates, and upon recordation in the Office of the County Recorder of a Notice of Lien, as so made and confirmed, shall constitute a lien on said property for the amount of such assessment.
A.
After such confirmation and recordation, a copy may be turned over to the Tax Collector for the County, whereupon it shall be the duty of said Tax Collector to add the amounts of the respective assessments to the next regular tax bills levied against said respective lots and parcels of land for municipal purposes, and thereafter said amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure under foreclosure and sale in case of delinquency as provided for ordinary municipal taxes; or
B.
After such recordation such lien may be foreclosed by judicial or other sale in the manner and means provided by law.
C.
Such Notice of Lien for recordation shall be in form substantially as follows:
NOTICE OF LIEN |
(Claim of City of Santa Barbara) |
Pursuant to the authority vested by the provisions of Section 22.96.110 et seq. of the Santa Barbara Municipal Code, the Chief of Building and Zoning did on or about the _________ day of _________, 20_______, cause the premises hereinafter described to be maintained in compliance with Section 22.96.030, in order to abate a public nuisance on said real property; and the City Council of the City of Santa Barbara did on the _________ day of_________, 20_____, assess the cost of such maintenance upon the real property hereinafter described; and the same has not been paid nor any part thereof; and that said City of Santa Barbara does hereby claim a lien on such maintenance in the amount of said assessment, to wit: the sum of $ _________; and the same shall be a lien upon said real property until the same has been paid in full and discharged of record. |
The real property hereinbefore mentioned, and upon which a lien is claimed, is that certain parcel of land lying and being in the City of Santa Barbara, County of Santa Barbara, State of California, and particularly described as follows: |
(DESCRIPTION) |
DATED: This _________ day of _________, 20_________. |
____________________ Chief of Building and Zoning of the City of Santa Barbara, California |
(Ord. 3765, 1975)
§ 22.96.150 Alternate Enforcement Measures.
Nothing in the foregoing sections shall be deemed to prevent the City Council from ordering the City Attorney to commence a civil or criminal proceeding to abate a public nuisance under applicable Civil or Penal Code provisions as an alternative to the proceedings set forth herein.
(Ord. 3765, 1975)
§ 22.96.160 Limitation of Action.
Any party aggrieved with the proceedings, decision, or action taken by the City Council or the Chief of Building and Zoning under this chapter in ordering the abatement of a public nuisance or other order, must bring an action to contest such proceeding, decision, action or order within 30 days after the date of the proceeding, decision, action or order of the City Council or Chief of Building and Zoning.
(Ord. 3765, 1975)
§ 22.100.010 Purpose.
This chapter implements the City's responsibilities under Public Resources Code Section 21082 and California Code of Regulations, Title 14, Section 15022 to adopt objectives, criteria and procedures for evaluation of projects and preparation of environmental impact reports and negative declarations pursuant to the California Environmental Quality Act (CEQA).
(Ord. 5965, 2020)
§ 22.100.020 State CEQA Guidelines Adopted by Reference.
§ 22.100.030 Construction and Interpretation.
A.
The provisions of this chapter are intended to and will be construed as consistent with the California Environmental Quality Act ("CEQA") [Division 13 of the California Public Resources Code commencing with Section 21000] and the State CEQA Guidelines. If a provision of this chapter cannot be construed as consistent with CEQA or the State CEQA Guidelines, the provisions of CEQA or the State CEQA Guidelines will prevail to the extent of the inconsistency.
B.
Words, acronyms, and phrases used in this chapter and defined in CEQA or the CEQA Guidelines have the meaning defined in CEQA or the State CEQA Guidelines.
C.
As used in this chapter, reference to this Code means reference to the Santa Barbara Municipal Code.
D.
As used in this chapter, the term Designated Department Head means:
1.
The Public Works Director for all activities relating to the construction, operation, maintenance, repair, replacement, alteration, encroachment, or expansion of a City building, street, bridge, bikeway, sidewalk, paseo, plaza, right-of-way, parking lot or structure, or water, sewer, or drainage facility, structure or operation;
2.
The Airport Director for all activities relating to the construction, operation, maintenance, repair, replacement, alteration, or use of the Santa Barbara Airport or airport facilities or property;
3.
The Waterfront Director for all activities relating to the construction, operation, maintenance, repair, replacement, alteration, or use by of the Santa Barbara Harbor, harbor facilities, Stearns Wharf, and tidelands held by the City in trust;
4.
The Parks and Recreation Director for all activities relating to the construction, operation, maintenance, repair, replacement, alteration, or use of a City park.
E.
Reference in this chapter to Community Development Director or Designated Department Head includes reference to any person to whom the Director or Department Head has delegated responsibility to implement the provisions of this chapter.
F.
The Community Development Director and Designated Department Heads may delegate responsibility under this chapter to department employees and other persons under supervision of the Director or Department Head; provided, however, that ultimate responsibility for performance of delegated functions remains with the Director or Department Head. Nothing in this chapter precludes the Community Development Director from performing responsibilities of a Designated Department Head under this chapter upon request of the Department Head.
(Ord. 5965, 2020)
§ 22.100.040 Activities Subject to This Chapter.
A.
This chapter applies to all projects undertaken by the City or subject to discretionary approval of the City except:
1.
Any activity that is not a project as defined in CEQA or other State statute, or that will not result in a direct or reasonably foreseeable indirect physical change in the environment;
2.
Activities that are statutorily exempted from CEQA by its own terms or by other State statute;
3.
Projects that meet the criteria of a categorical exemption.
4.
Activities covered by the common sense exemption because it can be seen with certainty that there is no possibility the activity may have a significant effect on the environment.
5.
Administrative or operational activities of the City, such as the adoption or amendment of a budget, appropriation of funds for operations and maintenance, purchase and use of supplies and equipment, use and operation of existing facilities, personnel-related actions, general policy and procedure making, and other activities necessary or convenient to the routine conduct of City business.
B.
Inclusion of a project in the Capital Improvement Program Budget for planning and environmental review purposes shall not be construed as an irrevocable commitment to the project or its implementation. A project shall be subject to revision or deletion from the Capital Improvement Program as necessary to comply with CEQA and this chapter. A project that is subject to CEQA and identified in the Capital Improvement Program Budget shall not be deemed approved until after completion of applicable environmental review. No appropriation in a budget for a capital project that provides new or expanded service shall be spent for activities other than exempt planning, feasibility, environmental review, and other similar purposes until the City certifies or adopts the environmental review document for the project pursuant to this chapter.
(Ord. 5965, 2020)
§ 22.100.050 Projects for Which a Person or Entity Other Than the City Is the Applicant.
A.
Whenever a person or entity other than the City submits an application for a discretionary permit, entitlement, or authorization of the City, the person or entity shall also submit preliminary environmental information as required by the Community Development Director or Designated Department Head having responsibility for the matter. After a preliminary review of the application and preliminary environmental information, the Community Development Director or Designated Department Head may determine that the project is subject to a statutory or categorical exemption or may require the person or entity to submit a completed draft Environmental Checklist Form (State Guidelines Appendix G) or similar form required by the Director or Department Head and, if necessary, require additional information sufficient to make a preliminary determination of the environmental effects of the project.
B.
The Community Development Director or the appropriate Designated Department Head will prepare, or cause the applicant to prepare, an initial study if a project is not determined to be subject to an exemption based on the preliminary environmental information. The Community Development Director or Designated Department Head may determine that the project is subject to a statutory or categorical exemption based on the initial study. If a project is not determined to be exempt based on the initial study, then an application and initial study initially submitted to the Public Works, Parks and Recreation, Waterfront, or Airport Departments will be referred to the Community Development Department for further processing under this chapter.
C.
Based on an initial study, when a project is not subject to a categorical or statutory exemption, the Community Development Director will determine:
1.
Whether the project is consistent with the development density established by existing zoning, community plan, or general plan policies for which an environmental impact report was certified and does not require additional environmental review, except as might be necessary to examine whether there are project-specific significant effects which are peculiar to the project or its site as provided in State CEQA Guidelines Section 15183; or
2.
To prepare an environmental impact report, a negative declaration, or mitigated negative declaration, or reaffirm a previously certified environmental impact report, adopted negative declaration, or adopted mitigated negative declaration.
F.
The applicant is responsible for all of the City's cost of the environmental review for the project. The applicant must pay a fee in the amount established by City Council resolution when the application for a project is submitted and prior to processing of environmental documents as required by the fee resolution. In lieu of payment of a fee, the City may require the applicant to deposit the estimated cost of preparing a negative declaration, mitigated negative declaration, draft or final environmental impact report, or other environmental document. An application will not be deemed complete until the fee is paid. An applicant may be required to increase the amount of a deposit as necessary to process the environmental review of a project. The City may contract for the preparation of negative declarations, mitigated negative declarations, draft or final environmental impact reports, or other environmental documents.
G.
The City may authorize or require an applicant to submit environmental information in the form of a draft negative declaration, draft mitigated negative declaration, draft environmental impact report, or other environmental document, provided, however, that the City retains full discretion and authority to approve, conditionally approve, deny, certify, or refuse to certify any submittal. Approval, conditional approval, adoption, or certification of any negative declaration, mitigation negative declaration, environmental impact report, or other environmental document will be based on the City's independent review and judgment of any submittal.
(Ord. 5965, 2020)
§ 22.100.060 City Projects.
A.
An Environmental Information Form (State Guidelines Appendix H) or similar document will be prepared for City projects. After a preliminary review of the form, the Community Development Director or the appropriate Designated Department Head may determine that the project is subject to a statutory or categorical exemption or may require completion of an Environmental Checklist Form (State Guidelines Appendix G) or similar document before making the determination.
B.
The Community Development Director or the appropriate Designated Department Head will prepare an initial study if a project is not determined to be subject to an exemption based on a completed draft environmental checklist. The Community Development Director or Designated Department Head may determine that the project is subject to a statutory or categorical exemption based on the initial study.
C.
If a project is not subject to a categorical or statutory exemption, the Community Development Director, in consultation with the Designated Department Head, will determine whether to prepare an environmental impact report, a negative declaration, or mitigated negative declaration, or reaffirm a previously certified environmental impact report or adopted negative declaration, or adopted mitigated negative declaration. A proposed negative declaration, proposed mitigated negative declaration, or draft environmental impact report may be prepared by a Designated Department Head, or by the Community Development Director upon request of the Designated Department Head.
D.
The Community Development Director and Designated Department Heads are directed to coordinate and cooperate in the performance of their delegated responsibilities under this chapter.
(Ord. 5965, 2020)
§ 22.100.070 List of Ministerial Projects and Categorical Exemptions.
A.
This section identifies common activities that the City considers not subject to CEQA because the activity is ministerial or subject to a statutory or categorical exemption. Nothing in this section precludes a determination, on a case-by-case basis, that an activity listed as ministerial is discretionary under the circumstances, that an activity not listed is exempt from CEQA, or that a listed activity is subject to this chapter because of application of an exception to a statutory or categorical exemption.
B.
Ministerial activities (State CEQA Guidelines Section 15268) include:
1.
Issuance of building permits for projects that have received all discretionary approvals or for which no discretionary approvals are required under this Code.
2.
Administration of business license taxes and issuance of business licenses and other permits pursuant to Title 5 of this Code.
3.
Approval of final subdivision maps and final parcel maps.
4.
Utility service connection and disconnection pursuant to Title 14 of this Code.
5.
Approval of landscape installation or modification consistent with the City's landscape conservation guidelines, unless discretionary approval of landscape modifications is expressly required by this Code.
6.
Approval of replacement of irrigated lawn with artificial turf.
7.
Encroachment permits for installation of gas, electric, telecommunications facilities or equipment pursuant to a franchise or State statute or regulation.
8.
Issuance of certificates of compliance or conditional certificates of compliance pursuant to Title 27 of this Code.
9.
Recordation of a notice of violation pursuant to Title 27 of this Code.
10.
Issuance of coastal exclusions or exemptions pursuant to Title 28 of this Code.
11.
Administrative approval of design review applications.
12.
Substantial conformance determinations under Section 30.205.130 of this Code.
13.
Performance of brush clearing and weed abatement pursuant to orders of City, State, or Federal fire officials or regulatory agencies.
14.
Issuance of temporary use permits for parades, rallies, and similar first amendment activities, including temporary closure of streets for such activities.
C.
This subdivision lists common City activities falling within certain classes of categorical exemptions. Listing of an activity does not limit application of any exception to an exemption under CEQA or the State CEQA Guidelines if there is substantial evidence that a particular activity is subject to an exception. This subsection does not preclude application of an exemption class not listed or otherwise limit application of an exemption under CEQA or the State CEQA Guidelines.
1.
Class 1: Existing Facilities (State CEQA Guidelines Section 15301).
a.
Installation or removal of traffic signals, speed humps and bumps, traffic control signs, lane striping, parking restrictions, and similar traffic control devices, and establishment of speed limits pursuant to Title 10 of this Code.
b.
Installation of curbs, gutters, sidewalks within existing right-of-way.
c.
Alteration of existing sidewalks, curbs, gutters, medians, pathways, and streets for purpose of facilitating access for persons with disabilities.
d.
Airport repair and maintenance projects, including runway or taxiway overlay, interconnect, or minor extension projects.
e.
Waterfront repair and maintenance projects, including harbor facilities, Stearns Wharf, and Waterfront parking lots.
f.
Addition of outdoor eating facilities involving minor expansion of the indoor eating facility occupant load.
g.
Minor changes to zoo exhibits.
h.
Minor interior and exterior repairs and alterations to historic resources unless there is substantial evidence that the project will cause a substantial adverse change in the significance of the historical resource. Changes to existing sidewalks, curbs, medians, and streets to facilitate access for persons with disabilities in accordance with standards established by State or Federal statute, regulation, or guideline generally will not be considered changes in the significance of an historical resource.
i.
Restoration of historic resources subject to acceptance of a Phase 2 Historic Resources Study by the Community Development Director or Historic Landmarks Commission, as appropriate under this Code, and incorporation of the study recommendations into the project description.
j.
Leases, subleases, and lease renewals for existing facilities where no change in use is proposed, including the continuance of a nonconforming use in conformance with this Code.
k.
Driveways, retaining walls, trellises, and trash enclosures on land with a slope of 20% or less.
l.
Installation of additional recreation equipment or features within existing playgrounds or active recreation areas of existing parks or recreational facilities.
m.
Operation, repair and maintenance of the existing pipelines, pumps, tanks, reservoirs, vents, valves, vaults, rights-of-way, channels, and appurtenant facilities comprising the City's water, sewer, and storm water drainage systems, includes, without limitation, clearing, trimming, or removing vegetation to maintain system function.
n.
Draining pipelines or other structures at existing vent or drain locations for purposes of inspection, repair or maintenance, provided the drainage is regulated in a manner reasonably calculated to avoid damage to adjoining property and discharge into a watercourse complies with the Clean Water Act or other applicable law governing water quality.
o.
Implementation of programs and installation of devices, equipment, fences, or gates for the security of City buildings, facilities, and land.
p.
Issuance of permits for maintenance, pruning, trimming, or replacing of existing street trees or the performance of maintenance, pruning, trimming or replacement work by the City.
q.
Installation of electrical storage batteries within an existing building.
2.
Class 2: Replacement or Reconstruction (State CEQA Guidelines Section 15302).
a.
Replacement or reconstruction of existing private and public buildings with a new building of substantially the same design, size, purpose, capacity, and location.
b.
Replacement or reconstruction of historic resources damaged or destroyed by a fire, earthquake or other calamity with a new structure of substantially the same design, size, purpose, materials, and construction, provided that the Community Development Director or Historic Landmarks Commission, as appropriate under this Code, has determined that the replacement or reconstruction will preserve the historical significance of the historical resource.
3.
Class 3: Construction, Installation or Conversion of Small Structures, Equipment or Facilities (State CEQA Guidelines Section 15303).
a.
Issuance of minor encroachment permits or joint use agreements for activity that qualifies as construction, installation or conversion of small structures, equipment or facilities.
b.
Accessory Dwelling Units and Additional Residential Units.
c.
Installation and alterations of facilities necessary to comply with State or Federal accessibility laws as determined by a Certified Access Specialist.
d.
New construction or conversion of small structures consisting of 3,000 square feet or less and not involving the use of significant amounts of hazardous substances.
e.
New leases, subleases, and lease renewals for existing facilities consisting of 3,000 square feet or less where a change of use is proposed and the new use is in substantial conformance with all applicable provisions of this Code.
f.
Emergency generator equipment and associated facilities in small structures to serve existing uses on a parcel.
g.
Driveways, retaining walls, trellises, and trash enclosures on land with a slope less than 20%.
h.
Conversion of existing nonresidential space to residential dwelling space in connection with any commercial use if the total number of dwelling units does not exceed six.
i.
Installation or removal of permanent or temporary public and marina restroom facilities.
j.
Installation or removal of bicycle racks, benches, waste receptacles, kiosks, and similar facilities or equipment within existing sidewalks, streets, or other public places.
4.
Class 4: Minor Alterations to Land (State CEQA Guidelines Section 15304).
a.
Minor temporary use of property zoned for commercial or industrial use having negligible or no permanent effects on the environment, including seasonal sales and Certified Farmers' Markets.
b.
Harbor maintenance dredging activities where the spoil is deposited in a spoil area authorized by applicable State and Federal regulatory agencies.
c.
Minor alterations or expansion of breakwaters, seawalls, sidewalks, or other harbor protection facilities of less than 500 square feet and above mean low water line.
d.
Construction of trails and paths that follow the existing topography, do not require substantial amounts of grading, and do not involve removal of biologically sensitive plant or mature, scenic trees.
e.
Minor grading to establish access roads over land with a slope of less than 10%, except in waterways, wetlands or designated scenic or geologic hazard areas.
f.
Approval of encroachment permits, use agreements, licenses, easements, or other permissions for activity that qualifies as minor alteration to land.
g.
Temporary use of land for discharge of potable or raw water from pipelines and facilities provided erosion is controlled and the discharge into a watercourse complies with the Clean Water Act or other applicable laws governing water quality.
h.
New gardening or landscaping, including the replacement of existing conventional landscaping with water efficient landscaping.
i.
Closure or use of City streets, parking lots, paseos, plazas and other publicly owned areas for temporary or periodic events such as certified, farmers' markets, Old Spanish Days Fiesta, and similar civic activities.
j.
Issuance of permits to shared mobility operators, including permits for the location and operation of docking facilities on public streets or parking lots.
5.
Class 5: Minor Alterations in Land Use Limitations (State CEQA Guidelines Section 15305).
a.
Vacation of roads or public service easements pursuant to the California Streets and Highways Code.
b.
Minor lot line adjustments where the developable area of each resulting lot has an average slope of 20% or less.
c.
Adoption or amendment of land use or development ordinances, regulations, standards, or guidelines that substantially maintain existing land use intensity or density.
d.
Minor general plan, coastal land use plan, or zoning map amendments that do not significantly change planned uses in an area.
f.
Phasing of existing approved projects into separate development phases.
g.
Extension of time limits on approved projects where circumstances have not changed.
6.
Class 6: Information Collection (State CEQA Guidelines Section 15306).
a.
Geologic sampling, boring, surveying and other similar exploratory or testing activities for purposes of feasibility, planning or design studies where the property is restored to its preexisting condition as near as reasonably feasible under the circumstances.
b.
Materials testing, sediment and water quality sampling, monitoring, and similar information gathering activities for planning or compliance purposes.
c.
Issuance of permits for access to the Goleta Slough or other Airport property for scientific, educational, or cultural purposes.
7.
Class 7: Actions by the City for Protection of Natural Resources (State CEQA Guidelines Section 15307).
a.
Adoption or amendment of ordinances or regulations to assure the maintenance, restoration, preservation, or enhancement of creeks and natural open space.
b.
Implementation of maintenance, restoration, preservation, or enhancement programs that do not involve new construction, but may involve removal of rocks, debris, vegetation, or other materials to reduce risk of floods, erosion, or fire, or improve habitat value.
8.
Class 8: Actions by the City for the Protection of the Environment (State CEQA Guidelines Section 15308).
a.
Adoption or amendment of ordinances, regulations, guidelines, or standards to prevent or reduce the degradation of air resources, water resources, land resources, mineral resources, biotic (flora and fauna) resources, cultural resources, aesthetic resources, and ambient noise.
b.
Designation of historic resources including structures, sites, and objects pursuant to existing ordinance and regulations.
9.
Class 11: Accessory Structures (State CEQA Guidelines Section 15311).
a.
Trash enclosures, fences, walls, driveways, and trellises accessory to existing commercial, industrial, or institutional uses on a parcel with an average slope of 20% or less.
b.
Installation of facilities and structures for generation of solar energy on existing buildings or parking areas provided the installation does not result in elimination of required parking spaces.
c.
Installation of airport lighting, fencing and security facilities, noise and environmental monitoring systems including weather systems and facilities, mechanical and electrical equipment and other facilities which are accessory to the use of existing or approved airport structures, facilities, operations, or uses.
(Ord. 5965, 2020)
§ 22.100.080 Determinations of Exemption.
A determination of exemption by the Community Development Director or a Designated Department Head is final, subject to appeal to the City Council pursuant to Section 1.30.050 of this Code. When a project is subject to discretionary review by the City Council or Planning Commission, a determination of exemption by the Community Development Director or Designated Department Head is not final, but will be considered substantial evidence of the exemption. A record of a determination of exemption, including the reasons therefore, will be kept in the project files. A Designated Department Head will provide a copy of the record of determination of exemption to the Community Development Director within 10 days of the date of the determination.
(Ord. 5965, 2020)
§ 22.100.090 Design Review Decisions.
A.
Projects subject to design review under this Code, but not subject to some other form of discretionary land use approval, are generally exempt from this chapter pursuant to one or more of the categorical exemptions or are subject to State CEQA Guidelines Section 15183.
B.
When a project requires a discretionary land use approval in addition to design review under this Code, the concept review by the Community Development Director, Historic Landmark Commission or Architectural Board of Review, or other design review body are considered part of the initial study, unless an initial study is not required because the project qualifies for a statutory or categorical exemption.
(Ord. 5965, 2020)
§ 22.100.100 Master Environmental Assessment.
A.
The Master Environmental Assessment, as updated, applies to determinations made under this chapter unless there is substantial evidence that application of the Master Environmental Assessment in a particular circumstance would result in a violation of CEQA or could have a reasonably foreseeable adverse environmental impact with respect to a particular project due to a material change in circumstances.
B.
The Guidelines for Archaeological Resources and Historic Structures and Sites, as updated, apply to determinations made under this chapter unless application of the guidelines would result in a violation of CEQA with respect to a particular determination or project.
(Ord. 5965, 2020)
§ 22.100.110 Public Hearings on Proposed Negative Declarations or Mitigated Negative Declarations.
A.
The Community Development Director may schedule a public hearing by the Planning Commission as part of the public review process for proposed negative declarations and mitigated negative declarations. The Planning Commission will conduct the public hearing during the period for public review required by Section 15073 of the State CEQA Guidelines. When a project is within the responsibility of a Designated Department Head, the Community Development Director will consult with the appropriate Designated Department Head before scheduling the public hearing.
B.
Notice of the public hearing will be given not less than 10 days before the date of the hearing as follows:
1.
Mailing to the last known address of organizations and individuals who have previously requested such notice in writing. Organizations and individuals may request notice by filing a request with the Community Development Director. Requests will be valid for a period of two years.
2.
Publication at least one time in a newspaper of general circulation in the City.
3.
Mailing by first class mail, postage prepaid, to the owners and occupants of property within 300 feet of the proposed project, or as specified by Title 27, 28, 29, or 30 for mailing of public hearing notices for the discretionary permit or approval applicable to the project. Ownership will be determined using the latest equalized assessment roll.
C.
Published notice is complete on the date of publication. Mailed notice is complete on the date of mailing.
D.
In addition, the Community Development Director is directed to make a copy of the proposed negative declaration or mitigated negative declaration available in electronic format through the City's Internet website during the public review period.
(Ord. 5965, 2020)
§ 22.100.120 Adoption of Negative Declaration or Mitigated Negative Declaration.
A.
If final approval authority for a project, except for possibility of appeal, has been delegated to the Planning Commission, Community Development Director, or a Designated Department Head, then after the public review period and public hearing, the Planning Commission, Community Development Director, or Designated Department Head exercising the delegated authority may:
1.
Adopt the proposed negative declaration or mitigated negative declaration as presented;
2.
Conditionally adopt the proposed negative declaration including additional or substitute mitigation measures:
3.
Order substantial revision and recirculation of the proposed negative declaration or mitigated negative declaration; or
4.
Order preparation of an environmental impact report upon a determination that the project may have a significant effect on the environment.
B.
Appeal of a final decision regarding a project will be deemed to include appeal of the determination regarding the negative declaration or mitigated negative declaration for the project.
C.
When final approval authority for a project is vested in the City Council, or upon consideration of an appeal, the City Council may:
1.
Adopt the proposed negative declaration or mitigated negative declaration as presented;
2.
Conditionally adopt the proposed negative declaration including additional or substitute mitigation measures;
3.
Order substantial revision and recirculation of the proposed negative declaration or mitigated negative declaration; or
4.
Order preparation of an environmental impact report upon a determination that the project may have a significant effect on the environment.
(Ord. 5965, 2020)
§ 22.100.130 Public Hearings on Draft Environmental Impact Reports.
A.
The Planning Commission will hold a public hearing as part of the public review process for all draft environmental impact reports. The public hearing will be held during the period for public review required by Section 15105 of the State CEQA Guidelines.
B.
Notice of the public hearing will be given not less than 10 days before the date of the hearing as follows:
1.
Mailing to the last known address of organizations and individuals who have previously requested such notice in writing. Organizations and individuals may request notice by filing a request with the Community Development Director. Requests will be valid for a period of two years.
2.
Publication at least one time in a newspaper of general circulation in the City.
3.
Mailing by first class mail, postage prepaid, to the owners and occupants of property within 300 feet of the proposed project, or as specified by Title 27, 28, 29, or 30 for mailing of public hearing notices for the discretionary permit or approval applicable to the project. Ownership will be determined using the latest equalized assessment roll.
C.
Published notice is complete on the date of publication. Mailed notice is complete on the date of mailing.
D.
In addition, the Community Development Director is directed to make a copy of the draft environmental impact report available in electronic format through the City's Internet website during the public review period.
(Ord. 5965, 2020)
§ 22.100.140 Certification of Final Environmental Impact Report.
A.
If final approval authority for a project, except for possibility of appeal, has been delegated to the Planning Commission, Community Development Director, or a Designated Department Head, then after the public review period, the Planning Commission may certify that a final environmental impact report for prepared for a project has been completed in compliance with CEQA and this chapter, make the determinations required by Sections 15091, 15092, and 15093 of the State CEQA Guidelines, and adopt mitigation monitoring and reporting programs as required by Section 15097 of the State CEQA Guidelines before taking final action to approve a project.
B.
Appeal of a final decision regarding a project will be deemed to include appeal of the determination regarding the environmental impact report for the project.
C.
When final approval authority for a project is vested in the City Council, or upon consideration of an appeal, then after the public review period, the City Council may certify that a final environmental impact report for prepared for a project has been completed in compliance with CEQA and this chapter, make the determinations required by Sections 15091, 15092, and 15093 of the State CEQA Guidelines, and adopt mitigation monitoring and reporting programs as required by Section 15097 of the State CEQA Guidelines before taking final action to approve a project. An additional public hearing is not required.
(Ord. 5965, 2020)
§ 22.100.150 Consolidation of Hearings.
A public hearing on a negative declaration, mitigated negative declaration, environmental impact report or other environmental document may be consolidated with any other public hearing held in regard to the same project. When a hearing is consolidated, the notice required for hearing on the environmental document will be given in the same manner and at the same time as public notice otherwise required for the hearing on the project. When a hearing is consolidated, the Planning Commission or City Council must take action to approve or certify the environmental document and must review and consider the information contained in the environmental document before taking action on the project.
(Ord. 5965, 2020)
§ 22.100.160 Responsibilities.
A.
The Community Development Director has primary responsibility to administer this chapter and exercise any power of the City necessary to implement CEQA or this chapter that is not otherwise reserved to the City Council, or delegated to the Planning Commission or a Designated Department Head. The Community Development Director has responsibility to:
1.
Administer this chapter and perform such administrative, technical and other work necessary for compliance with CEQA and this chapter, including preparation and adoption of forms, checklists, and other standard documents consistent with this chapter.
2.
Perform all preliminary reviews and initial studies, except when such responsibility is vested in a Designated Department Head by subsection B of this section.
3.
Determine whether a project is exempt from the requirements of CEQA, except when such responsibility is vested in a Designated Department Head by subsection B of this section.
4.
Adopt final negative declarations and final mitigated negative declarations for projects for which the Community Development Director is the final decision-making authority, except for the possibility of appeal.
5.
Conduct scoping meetings.
6.
Prepare, circulate, and schedule for hearing as appropriate proposed negative declarations, proposed mitigated negative declarations, draft environmental impact reports, and other documents necessary to comply with CEQA or this chapter.
7.
Prepare final environmental documents, including preparation of proposed findings regarding determinations under subsections D.1, 2, and 3 of this section.
8.
File notices of preparation, determination, exemption, or other notices required or authorized by CEQA or this chapter.
9.
Schedule and notice public hearings when required by CEQA or this chapter.
10.
Approve addenda to previously certified environmental impact reports, or adopted negative declarations or mitigated negative declarations, except when such responsibility is vested in a Designated Department Head by subsection B of this section.
11.
Determine whether a previously certified or adopted environmental impact report, negative declaration, or mitigated negative declaration is sufficient to cover changes or modifications to a project or whether additional environmental review is required, except when such responsibility is vested in a Designated Department Head by subsection B of this section.
12.
Execute agreements with public agencies determining the lead agency for a project.
13.
Coordinate with lead agencies where the City will be a responsible agency.
14.
Contract with qualified persons or entities for the conduct of investigations, studies, tests, evaluations or other technical or scientific work and for the preparation and processing of documents, including, without limitation, initial studies, negative declarations, mitigated negative declarations and environmental impact reports where the cost of the contract will be paid by a project applicant other than the City or from City funds subject to contract approval authority delegated to the City Administrator.
B.
A Designated Department Head has responsibility to:
1.
Perform preliminary reviews and initial studies regarding City activities undertaken by the department or within the approval authority of the Designated Department Head.
2.
Determine whether an activity of the department or within the approval authority of the Designated Department Head is a project and if so whether the project is exempt from the requirements of CEQA.
3.
Conduct scoping meetings when an environmental impact report for a project will be undertaken by the department for which the Designated Department Head has responsibility.
4.
At the request of the Community Development Director, prepare and submit to the Community Development Department proposed negative declarations, proposed mitigated negative declarations, draft environmental impact reports, and other documents necessary to comply with CEQA or this chapter for projects of the department for which the Designated Department Head has responsibility.
5.
Adopt final negative declarations and final mitigated negative declarations for projects for which the Designated Department Head is the final decision-making authority, except for the possibility of appeal.
6.
Approve addenda to previously certified environmental impact reports, or adopted negative declarations or mitigated negative declarations for a project undertaken by the department for which the Designated Department Head has responsibility.
7.
Contract with qualified persons or entities for the conduct of investigations, studies, tests, evaluations or other technical or scientific work and for the preparation and processing of documents, including, without limitation, initial studies, negative declarations, mitigated negative declarations and environmental impact reports subject to contract approval authority delegated to the City Administrator.
8.
File notices of preparation, determination, exemption, or other notices required or authorized by CEQA or this chapter for projects for which the Designated Department Head has responsibility.
9.
Execute agreements with public agencies determining the lead agency for a project undertaken by the department for which the Designated Department Head has responsibility.
C.
The Planning Commission has responsibility to:
1.
Exercise the responsibilities stated in subsections D.1, 2, 3, and 4 of this section for projects for which the Planning Commission is the final decision-making authority under this Code, except for the possibility of appeal.
2.
Make a recommendation to the city council regarding the matters stated in subsections D.1, 2, and 3 for projects for which the Planning Commission is an advisory body.
3.
Conduct public hearings during the public review period for proposed negative declarations and mitigated negative declarations, and draft environmental impact reports.
D.
Unless final decision-making authority for a project has been delegated, except for the possibility of appeal, pursuant to this Code or otherwise by the City Council, the City Council has responsibility to:
1.
Certify that a final environmental impact report prepared for a project has been completed in compliance with CEQA and this chapter and make the determinations required by Sections 15091, 15092, and 15093 of the State CEQA Guidelines before taking final action to approve a project subject to this chapter.
2.
Adopt final negative declarations and final mitigated negative declarations before taking action to approve a project for which an environmental impact report is not required unless the project is otherwise exempt from the requirements of CEQA and this chapter.
3.
Adopt mitigation monitoring and reporting programs as required by Section 15097 of the State CEQA Guidelines.
4.
Approve a determination of exemption made by the Community Development Director or a Designated Department Head before taking final action to approve a project.
5.
Consider appeals of determinations of the Planning Commission, Community Development Director, or a Designated Department Head.
(Ord. 5965, 2020)
§ 22.100.170 Supplemental Administrative Rules.
The Community Development Director and Designated Department Heads may establish supplemental administrative orders, policies, or procedures to implement the provisions of this chapter applicable to their respective responsibilities.
(Ord. 5965, 2020)
§ 22.100.180 Time Limits for Preparation of Environmental Documents.
A.
The Community Development Director and Designated Department Heads are directed to perform the responsibilities under this chapter in a timely manner to prevent delay and within the time limits established by CEQA or the State CEQA Guidelines.
B.
The Community Development Director and Designated Department Heads may agree on behalf of the City to extend time periods as provided in CEQA and the State CEQA Guidelines within the scope of their respective responsibilities.
(Ord. 5965, 2020)
§ 22.100.190 Environmental Documents and Records.
The Community Development Department is designated as the custodian of City environmental review records, except for records of actions within the delegated responsibility of Designated Department Head. The Community Development Department is responsible for preparing the record of proceedings of public hearings held pursuant to this chapter. Designated Department Heads are designated as custodian of City environmental review records for activities of the department for which the Designated Department Head has responsibility.
(Ord. 5965, 2020)
§ 22.100.200 Indemnification.
The applicant is responsible and must indemnify the city for any and all costs the city incurs in defending any action alleging noncompliance with CEQA or this chapter, including all costs, expenses and attorneys' fees resulting from any information submitted to the City by the applicant, including, without limitation, any negative declaration, mitigated negative declaration, draft or final environmental impact report, or mitigation measure monitoring program.
(Ord. 5965, 2020)