Santa Barbara County Unincorporated
City Zoning Code
City Zoning Code
ARTICLE 35
4 - STANDARDS FOR SPECIFIC LAND USES
35.42.010 - Purpose and Applicability
A.
Purpose. This Chapter provides site planning, development, and/or operating standards for certain land uses allowed by Article 35.2 (Zones and Allowable Land Uses) within individual or multiple zones that require special standards.
B.
Applicability. A land use and/or activity addressed by this Chapter shall comply with the provisions of each Section applicable to the specific use, in addition to all other applicable provisions of this Development Code.
1.
Where allowed. The uses that are subject to the standards in this Chapter shall be located only where allowed by Article 35.2 (Zones and Allowable Land Uses).
2.
Planning permit requirements. The uses that are subject to the standards in this Chapter shall be authorized by the planning permit required by Article 35.2 (Zones and Allowable Land Uses), except where a planning permit requirement is established by this Chapter for a specific land use.
3.
Development standards. The standards for specific uses in this Chapter supplement and are required in addition to those in Article 35.2 (Zones and Allowable Land Uses) and Article 35.3 (Site Planning and Other Project Standards). In the event of any conflict between the requirements of this Chapter and those of Article 35.2 or Article 35.3, the requirements of this Chapter shall control.
35.42.015 - Accessory Dwelling Units and Junior Accessory Dwelling Units
A.
Purpose and intent. The purpose of this Section is to establish procedures and development standards for attached and detached accessory dwelling units and junior accessory dwelling units in compliance with California Government Code Sections 66310 - 66342. The intent is to encourage the development of accessory dwelling units and junior accessory dwelling units that contribute needed housing to the County's housing stock.
B.
Applicability. An accessory dwelling unit or junior accessory dwelling unit may be allowed on a lot in compliance with Table 2-1 (Allowed Land Uses and Permit Requirements for Agricultural Zones), Table 2-4 (Allowed Land Uses and Permit Requirements for Resource Protection Zones), Tables 2-7 and 2-8 (Allowed Land Uses and Permit Requirements for Residential Zones), Tables 2-12 and 2-13 (Allowed Land Uses and Permit Requirements for Commercial Zones), and Table 2-21 (Allowed Land Uses and Permit Requirements for Special Purpose Zones).
C.
Allowed use. As required by Government Code Section 66319, an accessory dwelling unit shall:
1.
Be deemed to be an accessory use or an accessory building.
2.
Not be considered to exceed the allowable density for the lot on which it is located.
3.
Be deemed to be a residential use that is consistent with the existing Comprehensive Plan land use designation and applicable zone for the lot on which the accessory dwelling unit is located.
4.
Not be considered in the application of any local ordinance, policy, or program to limit residential growth.
D.
Application and processing requirements.
1.
Building Permit and other approvals. Accessory dwelling units and junior accessory dwelling units shall be allowed with a Building Permit and any other necessary approvals when in compliance with the provisions of this Section 35.42.015 (Accessory Dwelling Units and Junior Accessory Dwelling Units), as applicable.
2.
Ministerial review and permit processing deadline. The Building Official shall consider a Building Permit application for an accessory dwelling unit or junior accessory dwelling unit ministerially without discretionary review or hearing within 60 days from the date a complete application is submitted to the Department. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay.
a.
New one-family dwelling, multiple-family dwelling, or accessory structure. If an application for an accessory dwelling unit or junior accessory dwelling unit is submitted concurrently with an application for a new one-family dwelling, multiple-family dwelling, or accessory structure on the lot, the Department may delay acting on the application for the accessory dwelling unit or junior accessory dwelling unit until the Department acts upon the application for the one-family dwelling, multiple-family dwelling, or accessory structure.
b.
Final building permit inspection. Final building permit inspection for the proposed principal dwelling shall be approved prior to final building permit inspection approval for the accessory dwelling unit.
3.
Conflicts with other Sections of this Development Code. Where there are conflicts between the standards in this Section 35.42.015 (Accessory Dwelling Units and Junior Accessory Dwelling Units), the standards of Section 35.42.020 (Accessory Structures and Uses), and the specific zone or overlay regulations of Article 35.2 (Zones and Allowable Land Uses), the standards of this Section 35.42.015 (Accessory Dwelling Units and Junior Accessory Dwelling Units) shall prevail.
4.
Development impact mitigation fees. Except as provided in Subsection 4.a, below, the applicant shall pay development impact mitigation fees in compliance with ordinances and/or resolutions in effect at the time the fees are paid. The amount of the required fee shall be determined by adopted fee resolutions and ordinances and applicable law in effect when paid, provided that the fee is charged proportionately in relation to the square footage of the principal dwelling.
a.
The applicant shall not be required to pay development impact mitigation fees for an accessory dwelling unit of less than 750 square feet or a junior accessory dwelling unit.
5.
Gross floor area. As used in this Section 35.42.015 (Accessory Dwelling Units and Junior Accessory Dwelling Units), "gross floor area" means the floor area within the inside perimeter of the exterior walls of the building under consideration without deduction for corridors, stairways, ramps, closets, the thickness of interior walls, columns, or other features.
a.
Architectural Feature. An attached, un-inhabitable architectural feature (e.g., covered entry, covered patio, deck, balcony, etc.) may be allowed in addition to the floor area of the accessory dwelling unit. The architectural feature(s) shall be subordinate to the accessory dwelling unit and limited to a cumulative square footage total of 20% of the floor area of the accessory dwelling unit. The square footage calculation shall be measured as the roof area (covered) or the footprint (uncovered). The square footage shall be capped at a maximum of 240 square feet for existing structures converted to an accessory dwelling unit that exceed 1,200 square feet in floor area. The height of the feature(s) shall not exceed the roofline of the accessory dwelling unit. Architectural feature(s) do not include attached garages, storage rooms, laundry rooms, and other enclosed spaces or unenclosed amenities. Architectural feature(s) shall comply with the setback requirements applicable to the accessory dwelling unit on the lot, provided that upper story unenclosed landings, decks, and balconies greater than 20 square feet shall be located a minimum of 10 feet from side, rear, and interior lot lines unless landscape screening with a six-foot minimum height is provided along the perimeter.
6.
Modifications. An accessory dwelling unit or junior accessory dwelling unit that does not comply with the requirements of this Section 35.42.015 (Accessory Dwelling Units and Junior Accessory Dwelling Units) may be allowed with the approval of a Modification in compliance with Section 35.82.130 (Modifications), provided that the applicant requests a delay and tolls the 60-day processing time period specified in Subsection D.2, above, until final action is taken on the Modification.
7.
Nonconforming zoning conditions. The correction of nonconforming conditions shall not be required as a condition of approval of an accessory dwelling unit or junior accessory dwelling unit. As used in Section 35.42.015 (Accessory Dwelling Units and Junior Accessory Dwelling Units), "nonconforming zoning condition" means a physical improvement on a property that does not conform to the zoning standards of this Development Code.
8.
Variances. Variances shall not be granted for accessory dwelling units or junior accessory dwelling units.
9.
Residential second units. For purposes of this Section 35.42.015 (Accessory Dwelling Units and Junior Accessory Dwelling Units), a residential second unit previously permitted in compliance with this Development Code shall be considered the same as an accessory dwelling unit.
10.
Unpermitted existing development. For purposes of this Section 35.42.015 (Accessory Dwelling Units and Junior Accessory Dwelling Units), improvements to unpermitted existing development to accommodate an accessory dwelling unit or junior accessory dwelling unit shall be considered new development.
11.
Must Yield Provisions. Where the application of front setbacks stipulate that the standard must be complied with unless it would preclude development of an accessory dwelling unit of up to 800 square feet with side and rear setbacks of at least four feet, this standard must yield when there are no other physical locations to place an accessory dwelling unit on the lot without conflicting with other applicable provisions of this Section, such as height, setbacks, tree protection, grading, environmentally sensitive habitat areas, historic resources, and archaeological resources. A property owner's preference for a specific location on the lot does not constitute a reason to vary from objective standards. Nothing in this subsection shall be interpreted to apply new standards to an accessory dwelling unit developed in accordance with Subsection E, below that do not already apply. If encroachment into the front setback is required, it shall be the minimum necessary to accommodate the project.
E.
Accessory dwelling units located within residential or mixed-use zones. This Subsection E provides standards for certain accessory dwelling units in accordance with Government Code Section 66323(a). An accessory dwelling unit that complies with all of the following standards, as applicable, shall be allowed with a Building Permit and any other necessary approvals and shall not be subject to any other standards of this Development Code. An accessory dwelling unit that does not comply with this Subsection E may be allowed in compliance with Subsection F, below.
1.
General standards. The following development standards shall apply to all accessory dwelling units allowed in compliance with this Subsection E:
a.
Zoning. The accessory dwelling unit shall be located within one of the following residential or mixed-use zones. For purposes of this Subsection E, a two-family dwelling (i.e., "dwelling, two-family," as defined in Section 35.110.020 (Definitions of Specialized Terms and Phrases)), shall be considered a multiple-family dwelling residential use.
b.
Parking spaces not required. Parking spaces, including replacement parking spaces to satisfy the parking requirements for the principal dwelling, shall not be required for an accessory dwelling unit allowed in compliance with this Subsection E.
c.
Additional standards. The accessory dwelling unit shall comply with the standards of Subsection H, below.
2.
One accessory dwelling unit per lot located within a one-family dwelling or accessory structure. One accessory dwelling unit per lot located entirely (except as noted in 2.c.(1) below) within an existing or proposed one-family dwelling or an existing accessory structure shall be allowed with a Building Permit and any other necessary approvals when in compliance with all of the following development standards:
a.
Exterior access. The accessory dwelling unit shall have exterior access separate from the one-family dwelling.
b.
Lot requirements. The lot shall contain an existing or proposed one-family dwelling.
c.
Location. The accessory dwelling unit shall be located entirely within the existing or proposed one-family dwelling or existing accessory structure, except as provided below.
(1)
The accessory dwelling unit may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure and shall be limited to accommodating ingress and egress.
d.
Setbacks. The side and rear setbacks shall be sufficient for fire and safety purposes in compliance with the current, adopted edition of the California Fire Code and the California Building Code. The accessory dwelling unit shall also comply with the front setback requirements of the applicable zone, provided that this standard allows an accessory dwelling unit of up to 800 square feet to be constructed on the lot in compliance with other standards of this Section. All portions of the accessory dwelling unit, including eaves and roof overhangs, shall comply with these requirements.
e.
Junior accessory dwelling unit. An accessory dwelling unit that complies with the standards of this Subsection E.2 may be located on the same lot as a junior accessory dwelling unit that complies with the standards of Subsection G, below.
3.
One detached, new construction accessory dwelling unit per lot with a one-family dwelling. One detached, new construction accessory dwelling unit per lot with an existing or proposed one-family dwelling shall be allowed with a Building Permit and any other necessary approvals when in compliance with all of the following development standards:
a.
Lot requirements. The lot shall contain an existing or proposed one-family dwelling.
b.
Location. The accessory dwelling unit shall be located within a detached, new construction accessory building that is not attached to another accessory structure.
c.
Maximum floor area. The gross floor area of the accessory dwelling unit shall not exceed 800 square feet.
d.
Maximum height. The height of the accessory dwelling unit shall not exceed 16 feet as measured in compliance with Section 35.30.090 (Height Measurement, Exceptions and Limitations). For lots with an existing or proposed one-family dwelling that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Public Resources Code Section 21155, the height of the accessory dwelling unit shall not exceed a height of 18 feet.
e.
Setbacks. The accessory dwelling unit shall have side and rear setbacks of at least four feet and shall comply with the front setback requirements of the applicable zone, provided that this standard allows an accessory dwelling unit of up to 800 square feet to be constructed on the lot. For interior lots, standard interior lot setbacks applicable to a principal dwelling shall apply provided that this standard allows an accessory dwelling unit of up to 800 square feet to be constructed on the lot with minimum four foot interior setbacks in compliance with other standards of this Section. All portions of the accessory dwelling unit, including eaves and roof overhangs, shall comply with these requirements.
f.
Junior accessory dwelling unit. An accessory dwelling unit that complies with the standards of this Subsection E.3 may be located on the same lot as a junior accessory dwelling unit that complies with the standards of Subsection G, below.
4.
One or more accessory dwelling units per lot located entirely within an existing multiple-family dwelling or accessory structure. One or more accessory dwelling units located within an existing multiple-family dwelling or existing accessory structure shall be allowed with a Building Permit and any other necessary approvals when in compliance with all of the following development standards:
a.
Lot requirements.
(1)
The lot may contain at least one accessory dwelling unit and shall contain no more accessory dwelling units than 25 percent of the existing multiple-family dwelling units. For example, a lot containing eight multiple-family dwelling units may contain up to two accessory dwelling units.
(a)
Fractional units. If the number of allowed accessory dwelling units includes a fraction of a unit, any decimal fraction less than 0.5 shall be rounded down to the nearest whole unit and any decimal fraction of 0.5 or more shall be rounded up to the nearest whole unit.
(2)
The lot shall contain an existing multiple-family dwelling.
b.
Location. Each accessory dwelling unit shall be located entirely within the existing multiple-family dwelling or accessory structure that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, attics, basements, or garages.
5.
Detached accessory dwelling units with an existing or proposed multiple-family dwelling. Up to eight detached accessory dwelling units per lot with an existing multiple-family dwelling or up to two detached accessory dwelling units per lot with a proposed multiple-family dwelling shall be allowed with a Building Permit and any other necessary approvals when in compliance with all of the following development standards:
a.
Lot requirements.
(1)
The lot shall contain no more than two accessory dwelling units with a proposed multiple-family dwelling.
(2)
On a lot with an existing multiple-family dwelling, the number of accessory dwelling units shall not exceed the number of existing units on the lot, up to a maximum of eight.
b.
Location. Each accessory dwelling unit shall be located entirely within an existing detached accessory structure or a detached, new construction accessory building.
c.
Maximum floor area. The gross floor area of a new construction accessory dwelling unit shall not exceed 1,200 square feet.
d.
Maximum height. The height of each accessory dwelling unit shall not exceed 16 feet as measured in compliance with Section 35.30.090 (Height Measurement. Exceptions and Limitations). For lots with an existing or proposed multiple-family dwelling that is multi-story or within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Public Resources Code Section 21155, the height of the accessory dwelling unit shall not exceed a height of 18 feet.
e.
Setbacks. The accessory dwelling unit(s) shall have side and rear setbacks of at least four feet and shall comply with the front setback requirements of the applicable zone, provided that this standard allow accessory dwelling units of up to 800 square feet to be constructed on the lot. For interior lots, standard interior lot setbacks applicable to a principal dwelling shall apply provided that this standard allows an accessory dwelling unit(s) of up to 800 square feet to be constructed on the lot with minimum four foot interior setbacks in compliance with other standards of this Section. All portions of the accessory dwelling unit(s), including eaves and roof overhangs, shall comply with these requirements.
F.
Accessory dwelling units located within zones that allow one-family or multiple-family residential use. This Subsection F provides standards for accessory dwelling units that do not comply with Subsection E above. An accessory dwelling unit that complies with all of the following standards, as applicable, shall be allowed with a Building Permit and any other necessary approvals.
1.
General standards. The following development standards shall apply to all accessory dwelling units allowed in compliance with this Subsection F:
a.
Zoning. The accessory dwelling unit shall be located within one of the following zones that allow one-family or multiple-family dwelling residential use. For purposes of this Subsection F, a two-family dwelling (i.e., "dwelling, two-family," as defined in Section 35.110.020 (Definitions of Specialized Terms and Phrases)), shall be considered a multiple-family dwelling residential use.
b.
Lot requirements.
(1)
The lot shall contain no more than one accessory dwelling unit.
(2)
The lot shall contain an existing or proposed one-family dwelling or multiple-family dwelling.
2.
Exterior Access. The accessory dwelling unit shall have exterior access separate from the one-family dwelling.
3.
Appearance and style. The exterior appearance and architectural style of an accessory dwelling unit shall comply with the following:
a.
Conversion. Any exterior alterations to an existing building that result from the conversion of all or a portion of an existing building to an accessory dwelling unit shall be limited to minor alterations such as the addition of doors and windows.
b.
New construction.
(1)
The design of an accessory dwelling unit that will be attached to an existing building shall reflect the exterior appearance and architectural style of the existing building to which it is attached and use the same or comparable exterior materials, roof covering, colors, and design for trim, windows, roof pitch, and other exterior physical features.
(2)
Exterior lighting shall comply with Section 35.30.120 (Outdoor Lighting) and all of the following standards:
(a)
Each exterior lighting fixture shall not exceed 800 lumens if located within the Rural Area and 1,600 lumens if located within the Urban Area.
(b)
Landscape and pathway lighting fixtures shall not exceed four feet in height.
(3)
Proposed landscaping shall be comparable to existing landscaping on the lot in terms of plant species and density of planting.
4.
Environmentally sensitive habitat areas. The development of an accessory dwelling unit shall comply with the objective requirements of Section 35.28.100 (Environmentally Sensitive Habitat Area Overlay Zone), provided that these standards allow an accessory dwelling unit of up to 800 square feet with four-foot side and rear setbacks to be constructed on the lot in compliance with all other applicable standards of this Section 35.42.015 (Accessory Dwelling Units and Junior Accessory Dwelling Units).
5.
Grading. Grading directly associated with an accessory dwelling unit, inclusive of any grading required to establish access, shall be limited to 250 cubic yards and the accessory dwelling unit shall be located on existing slopes of 20 percent or less under the footprint of the accessory dwelling unit, provided that this standard permits an accessory dwelling unit of up to 800 square feet with four-foot side and rear setbacks to be constructed on the lot in compliance with all other applicable standards of this Section 35.42.015 (Accessory Dwelling Units and Junior Accessory Dwelling Units).
6.
Height limit.
a.
Conversion. An accessory dwelling unit located entirely within an existing one-family dwelling, multiple-family dwelling, or accessory structure shall not be subject to a height limit.
b.
New construction.
(1)
Attached accessory dwelling units. The height of an attached accessory dwelling unit that is proposed to be located above another floor or on grade where there is no floor above shall be limited to 25 feet and two stories and shall not exceed the maximum allowable height limit for the principal dwelling in the applicable zone.
(2)
Detached accessory dwelling units.
(a)
One-story accessory dwelling units. The height of a detached, one-story accessory dwelling unit shall not exceed a vertical distance of 16 feet as measured in compliance with Section 35.30.090 (Height Measurement. Exceptions and Limitations). For lots with an existing or proposed one-family dwelling that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Public Resources Code Section 21155, the height of the accessory dwelling unit shall not exceed a height of 18 feet. If located above or below the floor of another accessory structure, the combined height shall not exceed a vertical distance of 25 feet.
(b)
Two-story accessory dwelling units. The height of a detached, two-story accessory dwelling unit shall not exceed a vertical distance of 25 feet as measured in compliance with Section 35.30.090 (Height Measurement. Exceptions and Limitations).
7.
Historic resources. An accessory dwelling unit shall not be located within, attached to, or located on the same lot as a structure listed in, or determined to be eligible for listing in the California Register of Historical Resources or the National Register of Historic Places, or a structure designated, or determined to be eligible for designation as a County Historic Landmark or County Place of Historic Merit unless the proposed accessory dwelling unit follows the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings (U.S. Department of the Interior, National Park Service, 2017) or the Secretary of the Interior's Standards for Rehabilitation (36 CFR Part 67, 1990) and Guidelines for Rehabilitating Historic Buildings (Weeks and Grimmer, 1995), as may be amended. If a detached accessory dwelling unit is proposed to be located on the same lot as a historic or potentially historic structure described above, the applicant shall provide a written assessment from a Department-approved historian confirming that the proposed accessory dwelling unit shall be in conformance with this requirement.
8.
Archaeological resources and tribal cultural resources. A new construction attached or detached accessory dwelling shall be located at least 50 feet from the site boundaries of any archaeological resources or tribal cultural resources, unless a written assessment or a California Native American tribe recommends a greater buffer distance. Applicants shall submit a written assessment of any (1) archaeological resources that may qualify as "historical resources" as defined in CEQA Guidelines Section 15064.5(a), or (2) sites, features, cultural landscapes, sacred places, objects, or resources that may qualify as "tribal cultural resources" as defined in Public Resources Code Section 21074 that are located within 100 feet of the proposed accessory dwelling unit. The written assessment shall be prepared by a Department-approved archaeologist or other qualified professional and shall define the characteristics and site boundaries of the archaeological resources or tribal cultural resources.
9.
Location. The accessory dwelling unit shall comply with the following:
a.
Conversion. The accessory dwelling unit shall be located entirely within an existing one-family dwelling, multiple-family dwelling, or accessory structure.
b.
Attached accessory dwelling unit. An attached accessory dwelling unit shall be located entirely or partially within an addition to a one-family dwelling, multiple-family dwelling, or an attached accessory structure.
c.
Detached accessory dwelling unit. A detached accessory dwelling unit shall be located entirely or partially within a proposed detached accessory structure or an addition to an existing detached accessory structure.
d.
Development envelope. If a development envelope has been recorded through a subdivision and the record demonstrates that the development envelope was established for the protection of public health and safety, then the accessory dwelling unit shall be located within the development envelope.
e.
Location on lot. A detached accessory dwelling unit shall comply with the following standards, provided that these standards allow an accessory dwelling unit of up to 800 square feet with four-foot side and rear setbacks to be constructed on the lot in compliance with all other applicable standards of Section 35.42.015 (Accessory Dwelling Units and Junior Accessory Dwelling Units):
(1)
Lots .5 acres or larger but less than two acres. For lots that are .5 acres or larger but less than two acres, a detached accessory dwelling unit shall not be located closer to the principal abutting street than the principal dwelling unless other zoning provisions such as setback requirements would prohibit compliance with this requirement.
(2)
Lots two acres or larger but less than 20 acres. For lots that are two acres or larger but not larger than 20 acres, a detached accessory dwelling unit shall not be located closer to any property line than the lesser of 100 feet or the distance from the principal dwelling to that property line unless other zoning provisions such as setback requirements, or the location of existing development on the lot including agricultural operations, would prohibit compliance with this requirement.
(3)
Lots larger than 20 acres. For lots that are larger than 20 acres, the location of a detached accessory dwelling unit is not restricted provided the location complies with zoning requirements such as applicable setback requirements or development envelopes.
10.
Maximum floor area. The gross floor area of the accessory dwelling unit shall not exceed the following standards, provided that these standards allow an accessory dwelling unit of up to 800 square feet with four-foot side and rear setbacks to be constructed on the lot in compliance with all other applicable standards of this Section 35.42.015 (Accessory Dwelling Units and Junior Accessory Dwelling Units):
a.
Conversion. The gross floor area of an accessory dwelling unit located entirely within an existing structure shall not exceed 1,200 square feet.
b.
New construction.
(1)
Lots of 15,000 net square feet or less. 850 square feet for an accessory dwelling unit that provides one bedroom or less and 1,000 square feet for an accessory dwelling unit that provides two or more bedrooms.
(2)
Lots greater than 15,000 net square feet. 1,200 square feet.
(3)
Attached accessory dwelling units. In addition to the gross floor area limits of Subsections F.10.b.(1) and (2), above, the gross floor area of an attached accessory dwelling unit shall not exceed 50 percent of the gross floor area of the principal dwelling that exists at the time of application for the accessory dwelling unit.
11.
Parking.
a.
Replacement parking spaces not required. Replacement parking spaces to satisfy the parking requirements of the principal dwelling shall not be required for an accessory dwelling unit allowed in compliance with this Subsection F.
b.
New construction. A new construction detached accessory dwelling unit shall comply with the following parking requirements:
(1)
Except as provided in Subsection F.11.b.(2), below, one parking space per accessory dwelling unit shall be required for a new construction detached accessory dwelling unit. The space may be provided in any of the following configurations:
(a)
Tandem parking on a driveway or in a location outside of the required setback areas.
(b)
On a driveway located within the front, side, or rear setback area.
(2)
A parking space shall not be required for a new construction detached accessory dwelling unit that complies with any of the following criteria:
(a)
The accessory dwelling unit is located within one-half mile walking distance of public transit (e.g., a bus stop).
(b)
The accessory dwelling unit is located within an architecturally and historically significant historic district.
(c)
On-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
(d)
A car share vehicle is located within one block of the accessory dwelling unit.
12.
Setbacks. The setbacks for an accessory dwelling unit shall not exceed the following standards, provided that these standards permit an accessory dwelling unit of up to 800 square feet with four-foot side and rear setbacks to be constructed on the lot in compliance with all other applicable standards of this Section 35.42.015 (Accessory Dwelling Units and Junior Accessory Dwelling Units):
a.
Conversion. No setbacks shall be required for an existing living area or accessory structure converted to an accessory dwelling unit or a portion thereof. For purposes of this Subsection F.12, "living area" means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.
b.
New construction.
(1)
Except as provided in Subsections F.12.b.(2), below, the accessory dwelling unit shall comply with the front, side, and rear setback requirements that apply to accessory structures, provided that the accessory dwelling unit has side and rear setbacks of at least four feet. For interior lots, standard interior lot setbacks applicable to a principal dwelling shall apply provided that this standard allow an accessory dwelling unit(s) of up to 800 square feet to be constructed on the lot with minimum four foot interior setbacks in compliance with other standards of this Section. All portions of the accessory dwelling unit, including eaves and roof overhangs, shall meet these requirements.
(2)
No setbacks shall be required for a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit.
13.
Tree protection. A new construction attached or detached accessory dwelling unit shall comply with the following standards, provided that these standards allow an accessory dwelling unit of 800 square feet with four-foot side and rear setbacks to be constructed on the lot in compliance with all other applicable standards of this Section 35.42.015 (Accessory Dwelling Units and Junior Accessory Dwelling Units):
a.
All development associated with the accessory dwelling unit shall avoid the removal of or damage to all protected trees. For the purposes of this Subsection F.13, protected trees are defined as (1) mature and/or (2) roosting/nesting trees that do not pose a threat to public health and safety. Non-native, invasive species are not protected if they are not roosting/nesting trees. Trees that are removed or damaged in order to accommodate an accessory dwelling unit up to 800 square feet shall be replaced onsite at a ratio of at least 5:1 with 15-gallon plantings or equivalent.
b.
No grading, paving, or other site disturbance shall occur within the area six feet outside of the dripline of the tree(s), unless the conclusion of a report submitted by the applicant and prepared by a licensed arborist states that the proposed grading, paving, or other site disturbance will not damage or harm the tree(s).
14.
Riparian corridor. The development of an accessory dwelling unit shall comply with the objective requirements of Section 35.28.170 (Riparian Corridor - Goleta (RC-GOL) Overlay Zone), provided that these standards allow an accessory dwelling unit of up to 800 square feet with four-foot side and rear setbacks to be constructed on the lot in compliance with all other applicable standards of this Section 35.42.015 (Accessory Dwelling Units and Junior Accessory Dwelling Units).
G.
Junior accessory dwelling units. One junior accessory dwelling unit per lot located within an existing or proposed one-family dwelling shall be allowed with a Building Permit and other necessary approvals when in compliance with all of the following development standards:
1.
General standards.
a.
Zoning. The junior accessory dwelling unit shall be located within one of the following one-family zones or zones that allow one-family dwelling residential use:
b.
Lot requirements.
(1)
The lot shall contain no more than one junior accessory dwelling unit.
(2)
The lot shall contain an existing or proposed one-family dwelling.
c.
Additional standards. The junior accessory dwelling unit shall comply with the standards of Subsection H, below.
2.
Declaration of Restrictions. Prior to the issuance of a Building Permit for a junior accessory dwelling unit, the owner shall record a Declaration of Restrictions, which shall run with the land, in compliance with Section 35.82.050 (Recordable Documents). The owner shall record the Declaration of Restrictions with the County of Santa Barbara Clerk-Recorder and file the Declaration of Restrictions with the Planning and Development Department. The Declaration of Restrictions shall include both of the following:
a.
A prohibition on the sale of the junior accessory dwelling unit separate from the one-family dwelling, including a statement that the deed restriction shall be enforced against future purchasers; and
b.
A restriction on the size and attributes of the junior accessory dwelling unit that conforms with the standards of this Subsection G.
3.
Efficiency kitchen. The junior accessory dwelling unit shall have an efficiency kitchen that includes the following:
a.
A cooking facility with appliances, including at least a two-burner stove, sink, and freestanding refrigerator; and
b.
Food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit and not less than four feet in length.
4.
Exterior access. The junior accessory dwelling unit shall have separate exterior access from the one-family dwelling.
5.
Location. The junior accessory dwelling unit shall be located entirely within an existing or proposed one-family dwelling or attached garage. The junior accessory dwelling unit shall not be located within any other attached or detached accessory structure.
6.
Maximum floor area. The gross floor area of the junior accessory dwelling unit shall not exceed 500 square feet.
7.
Owner-occupancy. Except as provided below in Subsection G.7.a, owner-occupancy shall be required for the junior accessory dwelling unit or the one-family dwelling in which the junior accessory dwelling unit is located.
a.
Owner-occupancy shall not be required if the owner of the junior accessory dwelling unit is a governmental agency, land trust, or housing organization.
8.
Parking.
No new or replacement parking spaces shall be required for a junior accessory dwelling unit allowed in compliance with this Subsection G.
9.
Sanitation facilities. The junior accessory dwelling unit shall include separate sanitation facilities or share sanitation facilities with the one-family dwelling. If shared, interior access to the main living area of the principal dwelling shall be required.
10.
Setbacks. The side and rear setbacks shall be sufficient for fire and safety purposes in compliance with the current, adopted edition of the California Fire Code and the California Building Code. The junior accessory dwelling unit shall comply with the front setback requirements of the applicable zone. All portions of the junior accessory dwelling unit, including eaves and roof overhangs, shall meet these requirements.
11.
Accessory dwelling unit. A junior accessory dwelling unit that complies with the standards of this Subsection G may be located on the same lot as an accessory dwelling unit that complies with the standards of Subsection E.2 or E.3, above.
H.
Additional standards that apply to all accessory dwelling units and junior accessory dwelling units. The following development standards shall apply to all accessory dwelling units and junior accessory dwelling units in addition to the development standards contained in Subsection E (Accessory dwelling units and junior accessory dwelling units located within residential or mixed-use zones), Subsection F (Accessory dwelling units located within zones that allow one-family or multiple-family uses), or Subsection G (Junior accessory dwelling units), as applicable.
1.
Minimum floor area. At a minimum, the gross floor area of an accessory dwelling unit or junior accessory dwelling unit shall be 250 square feet.
2.
Passageway not required. A passageway, defined for the purposes of this section as a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit, shall not be required in conjunction with the construction of an accessory dwelling unit or junior accessory dwelling unit.
3.
Building Separation. No building separation between accessory dwelling unit(s) and other structures shall be required as long as all the structures meet minimum Building Code safety standards and allow for separate access.
4.
Kitchen. Except as provided in Subsection 35.420.015.G.3 above, an accessory dwelling unit shall provide complete independent living facilities for one or more persons, including permanent provisions for eating and cooking inclusive of the following.
a.
A cooking facility with appliances, including at least a range, sink, and freestanding refrigerator; and
b.
Food preparation counter and storage cabinets that are of reasonable size in relation to the size of the accessory dwelling unit and not less than four feet in length.
5.
Rental restrictions.
a.
An accessory dwelling unit or junior accessory dwelling unit may be used for rentals provided that the length of any rental is longer than 30 consecutive days.
b.
The use of an accessory dwelling unit or junior accessory dwelling unit as a Farmstay, Homestay, or Short-Term Rental shall be prohibited in all zones.
6.
Sale restriction. Except as provided in Government Code Section 65852.26, an accessory dwelling unit or junior accessory dwelling unit shall not be sold or otherwise conveyed separate from principal dwelling(s).
(Ord. No. 5192, §§ 14—18, 11-7-2023; Ord. No. 5230, §§ 3—8, 2-4-2025; Ord. No. 5238, § 9, 2-11-2025)
35.42.020 - Accessory Structures and Uses
A.
Purpose and applicability. This Section provides standards for accessory structures and uses, where allowed by Article 35.2 (Zones and Allowable Land Uses). Accessory structures, including agricultural accessory structures shall comply with the requirements of this Section, except that mobile home site accessory structures within a Mobile Home Park shall instead comply with the requirements of the MHP District in Section 35.23.080 (MHP Zone Standards).
B.
Development standards.
1.
Sequence of construction. Accessory structures shall not be constructed on a lot until construction of the principal structure has begun or a principal use has been established and commenced, and an accessory structure shall not be used unless the principal structure on a lot is also being used or a principal use has been established and commenced.
2.
Standards for attached structures. An accessory structure attached to the principal structure shall comply with the use, setback, and height requirements applicable to the principal structure.
3.
Height restrictions. Accessory structures shall comply with the height restrictions of the applicable zones except as specified below:
a.
Fences and walls. See Section 35.30.070 (Fences and Walls) for height limits for fences and walls.
b.
Guesthouses, artist studios and cabañas. See Section 35.42.150 (Guesthouses, Artist Studios, and Cabañas) for height limits for guesthouses, artist studios and cabañas.
c.
Telecommunication facilities. See Chapter 35.44 (Telecommunications Facilities) height limits and exception for commercial and noncommercial telecommunication facilities.
4.
Setback requirements. Detached accessory structures, including swimming pools, spas, and appurtenant equipment, shall comply with the front and side setback requirements of the applicable zone unless otherwise specifically allowed in compliance with this Development Code.
a.
Location in rear setback.
(1)
Other accessory structures. A detached accessory structure, other than guesthouses, artist studios and cabañas (Section 35.42.150) may be located in the required rear setback provided that:
(a)
It is not attached to the principal structure.
(b)
It is located no closer than five feet to the principal structure.
(c)
The cumulative footprint of all detached accessory structures, including accessory dwelling units, that encroach into the setback does not exceed 40 percent of the required rear setback.
(d)
It does not exceed a height of 12 feet.
(e)
If located on a corner lot backing on a key lot, the accessory structure shall be set back from the rear property line by a distance equal to the side setback requirement applicable to the key lot.
(f)
A swimming pool, spa, and appurtenant equipment shall not be located closer than five feet to any property line.
(g)
An accessory structure may otherwise be located adjacent to the rear property line provided that all other provisions (e.g., building code or fire code requirements for separation between structures) are complied with.
(2)
A detached accessory structure developed in compliance with Subsection 35.42.020.B.4.a.(1), above, does not require the provision of a varied setback and compensating area in accordance with Section 35.30.150.C.
(3)
A detached accessory structure, including guesthouses, artist studios and cabañas (Section 35.42.150), that does not meet the requirements of Subsection B.4.a.(1), may use a varied setback and compensating area in accordance with Section 35.30.150.C to be located partially within the required rear setback.
b.
Location in side setback.
(1)
Non-habitable accessory structure(s) may be located in the side setback provided that the structure(s) comply with all of the following:
(a)
Cumulatively the structures do not occupy an area greater than 10 percent of the side setback in which they are located, or 120 square feet, whichever is less.
(b)
It does not contain any utilities.
(c)
It does not exceed a height of 8 feet.
(d)
It is located no closer than five feet to any other structure located on the same lot.
(2)
An accessory structure developed in compliance with Subsection B.4.b.(1), above, does not require the provision of a varied setback and compensating area in accordance with Section 35.30.150.C.
(3)
An accessory structure, including guesthouses, artist studios and cabañas (Section 35.42.150), that does not meet the requirements of Subsection B.4.b.(1), above, may use a varied setback and compensating area in accordance with Section 35.30.150.C to be located partially within the required side setback.
c.
Corner lot setbacks. Accessory structures located on a corner lot having a width of less than 100 feet shall not be located closer to the front line of the lot than the principal structure on that lot.
d.
Swimming pools and spas in setback area.
(1)
Location outside of the EX-1 zone. Swimming pools, spas, and appurtenant equipment shall not be located:
(a)
Lots other than interior lots. In the required front or side setback areas and, if located within the rear setback, shall not be located closer than five feet to any property line.
(b)
Interior lots. Closer than 10 feet to any property line.
(2)
Location within the EX-1 zone. Swimming pools, spas, and appurtenant equipment shall not be located:
(a)
Lots other than interior lots. In the required front, side or rear setback areas; however, the required setbacks may be decreased by 15 feet for the purpose of locating a swimming pool, spa, and appurtenant equipment.
(b)
Interior lots. Closer than 10 feet to any property line.
5.
Kitchen or cooking facilities/amenities prohibited. Accessory structures, including artist studios, cabañas and guesthouses, shall not contain kitchen or cooking facilities unless the accessory structure is specifically permitted as a dwelling (e.g., agricultural employee dwellings or accessory dwelling units, and junior accessory dwelling units). Artist studios, cabañas and guesthouses are not dwellings.
6.
Gross floor area and footprint limitations. Detached accessory structures, excluding barns, garages and stables, shall not exceed a gross floor area 800 square feet if located on a lot of one acre or less.
a.
Summerland Community Plan area. See Subsection 35.28.210.G (Summerland Community Plan area) for additional standards regarding the allowable floor area of detached accessory structures.
7.
Plumbing devices.
a.
Agricultural accessory structures. Agricultural accessory structures that serve as a primary place of employment or that are used by the public may include a bathroom and wetbar area, provided that a Notice to Property Owner that specifies the allowable uses of the agricultural accessory structure is recorded in the County public records. Wetbars shall be limited to the following features:
(1)
A counter area with a maximum total length of seven feet.
(2)
The counter area may include a bar sink.
(3)
The counter area may include an overhead cupboard area not to exceed seven feet in length.
(4)
The counter area shall be located against a wall, or if removed from the wall, it shall not create a space between the counter and the wall of more than four feet in depth. The seven-foot counter shall be in one unit. The intent of this provision is to avoid creation of a kitchen room.
(5)
Refrigerators are limited to an under-counter unit located within the counter area.
(6)
No cooking facilities (e.g., ovens including microwave ovens, hot plates) shall be included in the wetbar area.
b.
Other accessory structures. Plumbing devices in accessory structures shall be limited to toilets and washbasins, and no bathing facilities or wetbars shall be allowed, unless otherwise specifically allowed by this Development Code.
8.
Use restrictions. Accessory structures shall not be used as guesthouses, artist studios, or cabañas, unless specifically permitted for these uses. Except for guesthouses or structures specifically permitted as dwellings, (e.g. accessory dwelling units, junior accessory dwelling units, or agricultural employee dwellings) accessory structures shall not be used for overnight accommodations.
9.
Determination that an accessory structure constitutes a dwelling.
a.
An accessory structure, or portion of a structure, including guesthouses, artist studios and cabañas, may be determined to constitute a dwelling by the Director when it:
(1)
Is configured or occupied for residential purposes, whether permanent or temporary.
(2)
Contains elements evidencing separate residential occupancy.
b.
Elements to be considered by the Director include:
(1)
Proximal arrangement and various combinations of
(a)
Bathing facilities.
(b)
Closets.
(c)
Countertops or cupboards.
(d)
Dishwashers.
(e)
Exterior entrances.
(f)
Exterior staircases.
(g)
Garbage disposals.
(h)
Interior locking doors.
(i)
Sleeping lofts.
(j)
Toilets and sinks or bar sinks.
(2)
Separate address/mail box designations.
(3)
Separate balconies, decks, patios or yards.
(4)
Separate cable lines, phone lines or utility lines.
(5)
Separate carports, garages or parking areas (covered or uncovered).
(6)
Other elements at the discretion of the Director.
c.
Issuance of a building permit or other approval shall not, of itself, establish that a structure, or portion of a structure, is not a dwelling unit.
d.
The Director's determination that the accessory structure or portion of structure constitutes a dwelling may be appealed in compliance with Chapter 35.102 (Appeals). If the Director's determination is upheld on appeal, then the dwelling may be subject to an enforcement action in compliance with Chapter 35.108 (Enforcement and Penalties).
C.
Small agricultural accessory structures, AG-II zone. On property zoned AG-II, small accessory structures that comply with the following may be allowed with a Zoning Clearance issued in compliance with Section 35.82.210 (Zoning Clearances). Structures that do not comply with the following may be allowed with a Land Use Permit issued in compliance with Section 35.82.110 (Land Use Permits).
1.
The gross floor area of the structure is less than 5,000 square feet.
2.
The structure is not located within 1,000 feet of a public road or other area of public use (e.g., park, trail), or, if the structure is located within 1,000 feet of a public road or other area of public use, the Director determines that the structure would not be visible from the public road or other area of public use. Landscape screening shall not be taken into consideration when determining whether the project is visible from a public road or other area of public use.
3.
Utilities are limited to electricity and water.
4.
The Director determines that:
a.
The use of the structure is accessory to and supportive of the overall agricultural use of the property.
b.
The structure is located so as to minimize impacts to productive agricultural land, prime soils, and adjacent agricultural operations.
5.
The structure and use thereof is in compliance with Subsection B (Development Standards), above.
6.
The structure does not require the approval of a Final Development Plan (Section 35.82.080) in compliance with Section 35.21.030.C (Development Plan approval required).
7.
In addition to the development standards listed above, all development associated with the construction of a small agricultural accessory structure located shall comply with all of the additional development standards listed below. If these requirements are in conflict with other provisions of the Comprehensive Plan or any applicable community or area plan, this Development Code, or any permit conditions established by the County, the more restrictive requirements shall control.
a.
The development shall be located no less than 100 feet from the following environmental sensitive habitat areas that are determined by a qualified professional to be intact and of high quality. This setback may be adjusted upward or downward on a case-by-case basis depending upon site specific conditions such as slopes, biological resources and erosion potential. If these requirements are in conflict with other provisions of the Comprehensive Plan and any applicable community or area plan, this Development Code, and any permit conditions established by the County, the more restrictive requirements shall control.
(1)
Native plant communities recognized as rare by California Department of Fish and Wildlife (2003 or as amended). Examples include Native Grasslands, Maritime chaparral, Bishop Pine Forests, and Coastal Dune Scrub.
(2)
Native Woodlands and Forests.
(3)
Nesting, roosting, and/or breeding areas for Rare, Endangered or Threatened animal species.
(a)
Rare, Endangered, or Threatened species are defined as those listed by State or Federal wildlife agencies under the State or Federal Endangered Species Acts, candidates for listing, species of special concern, and species that meet the definition of "rare" in Section 15380 of California Environmental Quality Act.
(b)
A separation of greater than 100 feet may be required in order to fully protect formally listed Endangered Species (e.g., a 100-foot separation may not fully protect known breeding ponds for California Tiger Salamander).
(4)
Plant communities known to contain Rare, Endangered, or Threatened species.
(5)
Streams, riparian areas, vernal pools, and wetlands.
(6)
Any designated Environmental Sensitive Habitat Areas.
b.
The development shall be compatible with the character of the surrounding natural environment, subordinate in appearance to natural landforms, and sited so that it does not intrude into the skyline as seen from public viewing places. At a minimum, the development shall comply with the following design standards. If these requirements are in conflict with other provisions of the Comprehensive Plan and any applicable community or area plan, this Development Code, and any permit conditions established by the County, the more restrictive requirements shall control.
(1)
Exterior lighting shall be for safety purposes only and shall comply with Section 35.30.120 (Outdoor Lighting).
(2)
Building materials and colors (earth tones and non-reflective paints) compatible with the surrounding natural environment shall be used to maximize the visual compatibility of the development with surrounding areas.
(Ord. No. 5192, § 19, 11-7-2023; Ord. No. 5238, §§ 10—12, 2-11-2025)
35.42.030 - Agricultural Employee Dwellings
A.
Purpose and applicability. This Section provides standards for agricultural employee dwellings, where allowed by Article 35.2 (Zones and Allowable Land Uses) or Section 35.42.260 (Temporary Uses and Trailers), that are not allowed in compliance with Section 35.42.135 (Farmworker Housing).
B.
Allowed zones and permit requirements. Additional dwellings, including mobilehomes, manufactured homes, and park trailers complying with the California Code of Regulations, Title 25, Division 1, Housing and Community Development, that provide housing for agricultural employees may be allowed in compliance with Table 4-1 (Permit Requirements and Development Standards for Agricultural Employee Dwellings).
C.
Standards that apply to agricultural employee dwellings in all zones except AG-I and AG-II.
1.
Need for additional dwellings. The applicant can document the existing and proposed agricultural use of the land and demonstrate a need for additional dwellings to support the agricultural use of the land where the work will occur.
2.
Proof of employment. The applicant provides proof of the full-time employment of the employee in agriculture. Said proof shall be to the satisfaction of the Department in the form of any one or combination of the following:
a.
Employer's income tax return.
b.
Employee's pay receipts.
c.
Employer's DE-9 form.
d.
Employer's DE-34 form.
e.
Employer's ETA 790 form.
f.
Employee's W-2 form.
g.
Employer's DLSE-NTE form.
h.
A notarized document between the employer and the employee which states that the occupant of the agricultural employee dwelling is employed in agriculture.
i.
A description of the employee's job duties.
j.
Other option approved by the Director.
Notes:
(1) Projects with a water system with 2 to less than 5 connections will also require a LUP and may be subject to environmental review. (See Table 2-1 of Section 35.21.030 of this Development Code.)
(2) Projects with an individual alternative onsite wastewater treatment system will also require a MCUP and may be subject to environmental review. (See Table 2-1 of Section 35.21.030 of this Development Code.)
(3) Projects with a water system with 5 or more connections will also require a MCUP and may be subject to environmental review. (See Table 2-1 of Section 35.21.030 of this Development Code.)
(4) Projects meeting specified standards will also require a Development Plan and may be subject to environmental review. (See Table 2-1 of Section 35.21.030 of this Development Code.)
3.
Submittal of documentation of need and employment status of occupants subsequent to issuance of permit for the agricultural employee dwelling. Demonstration of the need for the agricultural employee dwelling and proof of employment in agriculture of the employee residing in the agricultural employee dwelling shall also be provided every five years beginning from the issuance of the permit for the agricultural employee dwelling or, if the occupancy of the agricultural employee dwelling changes, upon the change in occupancy and every five years thereafter. Failure to provide said documentation may be cause for revocation of the permit for the agricultural employee dwelling.
a.
If the identity of the occupant of the agricultural employee dwelling is not known at the time of issuance of the permit for the agricultural employee dwelling, then proof of employment in agriculture of the employee residing in the agricultural employee dwelling shall be provided within 30 days following occupancy of the agricultural employee dwelling by the employee.
4.
Notice to property owner. Before issuance of a permit for the agricultural employee dwelling, a Notice to Property Owner that specifies at a minimum (1) the occupancy requirements of the agricultural employee dwelling and (2) the requirement for provision of documentation of employment and the need for the agricultural employee dwelling in compliance with Subsections B, C.1, C.2, and C.3, above, shall be recorded by the property owner.
D.
Standards that apply to agricultural employee dwellings in the AG-I and AG-II zones.
1.
Need for additional dwellings. The applicant can document the existing and proposed agricultural use of the land and demonstrate a need for additional dwellings to support the agricultural use of the land where the work will occur.
2.
Proof of employment. The applicant shall provide proof of the employment of the employee in agriculture consistent with the requirements in Table 4-1 (Permit Requirements and Development Standards for Agricultural Employee Dwellings). Said proof shall be to the satisfaction of the Department, and in the form of any one or combination of the following:
a.
Employer's income tax return.
b.
Employee's pay receipts.
c.
Employer's DE-9 form.
d.
Employer's DE-34 form.
e.
Employer's ETA 790 form.
f.
Employee's W-2 form.
g.
Employer's DLSE-NTE form.
h.
A notarized document between the employer and the employee which states that the occupant of the agricultural employee dwelling is employed in agriculture.
i.
A description of the employee's job duties.
j.
Other option approved by the Director.
3.
Submittal of proof of employment of occupants subsequent to issuance of a permit for the agricultural employee dwelling. Documentation of proof of employment of the employee in agriculture consistent with the requirements in the Table 4-1 (Permit Requirements and Development Standards for Agricultural Employee Dwellings) shall be provided every five years beginning from the issuance of the permit for the agricultural employee dwelling. Failure to provide said documentation may be cause for revocation of the permit for the agricultural employee dwelling.
a.
Additional requirements in the AG-I zone. In addition to the requirements in Subsection D.3 above, agricultural employee dwellings located in the AG-I zone shall require the submittal of proof of employment in agriculture of the employee residing in the agricultural employee dwelling upon any change in occupancy and every five years thereafter.
i.
If the identity of the occupant of the agricultural employee dwelling is not known at the time of issuance of the permit for the agricultural employee dwelling, then proof of employment in agriculture of the employee residing in the agricultural employee dwelling shall be provided within 30 days following occupancy of the agricultural employee dwelling by the employee.
4.
Notice to property owner. Before issuance of a permit for the agricultural employee dwelling, a Notice to Property Owner that specifies at a minimum (1) the occupancy requirements of the agricultural employee dwelling and (2) the requirement for provision of documentation of employment in compliance with Subsections B, D.1, D.2, and D.3, above, shall be recorded by the property owner.
5.
Minimum dwelling size. The agricultural employee dwelling shall comply with the following size requirements:
a.
Mobilehomes, manufactured homes, and park trailers shall comply with the size requirements set forth in the Health and Safety Code, as applicable.
b.
Dwellings shall comply with the minimum size requirements set forth in the current, adopted edition of the California Building Standards Code and any local amendments, as applicable.
E.
Additional standards for agricultural employee dwellings allowed in compliance with Article 35.2 (Zones and Allowable Land Uses) that do not require the approval of a Conditional Use Permit. In addition to the development standards listed above, all development associated with the construction of an agricultural employee dwelling allowed in compliance with Article 35.2 (Zones and Allowable Land Uses) that does not require the approval of a Minor Conditional Use Permit or Conditional Use Permit in compliance with Section 35.82.060 (Conditional Use Permits and Minor Conditional Use Permits) shall comply with all of the additional development standards listed below. If these requirements are in conflict with other provisions of the Comprehensive Plan or any applicable community or area plan, this Development Code, or any permit conditions established by the County, the more restrictive requirements shall control. Agricultural employee dwellings that do not comply with the following may be allowed with a Minor Conditional Use Permit approved in compliance with Section 35.82.060 (Conditional Use Permits and Minor Conditional Use Permits).
a.
The development shall be located no less than 100 feet from the following environmental sensitive habitat areas that are determined by a qualified professional to be intact and of high quality. This setback may be adjusted upward or downward on a case-by-case basis depending upon site specific conditions such as slopes, biological resources and erosion potential.
(1)
Native plant communities recognized as rare by California Department of Fish and Wildlife (2003 or as amended). Examples include Native Grasslands, Maritime chaparral, Bishop Pine Forests, and Coastal Dune Scrub.
(2)
Native woodlands and forests.
(3)
Nesting, roosting, and/or breeding areas for rare, endangered or threatened animal species.
(a)
Rare, endangered, or threatened species are defined as those listed by State or Federal wildlife agencies under the State or Federal Endangered Species Acts, candidates for listing, species of special concern, and species that meet the definition of "rare" in Section 15380 of California Environmental Quality Act.
(b)
A separation of greater than 100 feet may be required in order to fully protect formally listed Endangered Species (e.g., a 100-foot separation may not fully protect known breeding ponds for California Tiger Salamander).
(4)
Plant communities known to contain rare, endangered, or threatened species.
(5)
Streams, riparian areas, vernal pools, and wetlands.
(6)
Any designated Environmental Sensitive Habitat Areas.
b.
The development shall be compatible with the character of the surrounding natural environment, subordinate in appearance to natural landforms, and sited so that it does not intrude into the skyline as seen from public viewing places. At a minimum, the development shall comply with the following design standards.
(1)
Exterior lighting shall comply with Section 35.30.120 (Outdoor Lighting).
(2)
Building materials and colors (earth tones and non-reflective paints) compatible with the surrounding natural environment shall be used to maximize the visual compatibility of the development with surrounding areas.
F.
Additional standards for agricultural employee dwellings located in the NTS zone. On a lot zoned NTS:
a.
The minimum gross lot area on which an agricultural employee dwelling may be approved is 100 acres.
b.
An agricultural employee dwelling shall not be allowed in addition to an accessory dwelling unit, artist studio, or guesthouse.
c.
The gross floor area of an agricultural employee dwelling shall not exceed 1,200 square feet.
d.
Only one Conditional Use Permit that allows additional dwellings housing five or more employees may be allowed within each project site area covered by an approved Final Development Plan.
G.
Mobilehomes, manufactured homes, and park trailers.
1.
A mobilehome, manufactured home, or park trailer, with or without a permanent foundation, may be used as an agricultural employee dwelling in compliance with the Table 4-1 in Subsection B, above, provided:
a.
The mobilehome, manufactured home, or park trailer complies with the California Code of Regulations, Title 25, Division 1, Housing and Community Development.
b.
The mobilehome, manufactured home, or park trailer complies with applicable setbacks and building separation requirements required for structures of the zone district in which the mobilehome, manufactured home, or park trailer is located.
35.42.035 - Agricultural Enterprises
A.
Purpose and intent. This Section determines the type of planning permit required for the specific agricultural enterprise land uses listed below, and provides development standards and structure size limitations related to the intensity of each land use. The intent is to provide for flexibility in the development of uses that are individually and cumulatively accessory to, supportive of, and subordinate to the primary commercial agricultural use of the property while promoting orderly development of these uses on agricultural lands zoned AG-II, and to ensure their compatibility with surrounding land uses in order to protect the public health and safety, and prevent impacts to agricultural, cultural, natural, and visual resources.
B.
Applicability.
1.
AG-II zone. The requirements of this Section 35.42.035 (Agricultural Enterprises) apply to agricultural enterprise land uses that are proposed to be located on lands zoned AG-II. See Section 35.28.155 (Limited Agricultural Enterprise (LAE) Overlay Zone) for additional permit requirements and limitations on lands zoned with the LAE overlay zone.
2.
Agricultural use required. The primary land use of the premises shall be the production of one or more agricultural commodities for commercial purposes.
C.
Allowed agricultural enterprise uses.
1.
The following agricultural enterprise uses may be allowed in compliance with Subsection 25.42.035.D (Specific land uses), below.
a.
Aquaponics (closed system).
b.
Educational experiences and opportunities.
c.
Firewood processing and sales.
d.
Incidental food service.
e.
Lumber processing and milling (small-scale).
f.
Small-scale special events.
2.
In addition to the specific land uses allowed by Subsection 35.42.035.D (Specific land uses), below, the following agricultural enterprises uses may be allowed in compliance with the specific Sections referenced below.
a.
Small-scale agricultural processing, including product preparation, small-scale processing beyond the raw state, and tree nut hulling in compliance with Section 35.42.040 (Agricultural Processing).
b.
Campgrounds and low-impact camping areas in compliance with Section 35.42.240 (Rural Recreation).
c.
Composting (small-scale) in compliance with Section 35.42.100 (Composting Facilities).
d.
Farm stands in compliance with Section 35.42.050 (Agricultural Product Sales).
e.
Farmstays in compliance with Section 35.42.134 (Farmstays).
f.
Fishing operations in compliance with Section 35.42.240 (Rural Recreation).
g.
Horseback riding in compliance with Section 35.42.240 (Rural Recreation).
h.
Hunting in compliance with Section 35.42.240 (Rural Recreation).
i.
Incidental food service at winery tasting rooms in compliance with Section 35.42.280 (Wineries).
D.
Specific land uses. An agricultural enterprise land use and/or activity addressed by this Section shall comply with the provisions of each subsection applicable to the specific use and applicable development standards in Subsection E, below, in addition to all other applicable provisions of this Development Code.
1.
Aquaponics (closed system).
a.
An aquaponics system (closed) may be exempt from the requirement to obtain a permit in compliance with 35.20.040 (Exemptions from Planning Permit Requirements) provided the activity complies with the following development standards.
(1)
The operation does not propose the construction of any new structure(s) or any additions to existing structures that would require a planning permit or new water or wastewater permit.
b.
An aquaponics system (closed) that does not comply with the development standards in Subsection D.1.a, above, may be allowed with a Land Use Permit issued in compliance with Section 35.82.110 (Land Use Permits).
2.
Educational experiences and opportunities.
a.
Does not apply to wineries regulated separately. This Subsection shall not apply to educational experiences and opportunities on agricultural lands with a winery on the premises which is operating pursuant to a permit issued in compliance with Section 35.42.280 (Wineries) of this Development Code.
b.
Allowed uses. Allowed educational experiences and opportunities include the following:
(1)
Small guided tours of farms or ranches (no more than 15 attendees per tour).
(2)
Educational workshops and experiences for the general public regarding the agricultural and natural resources on the agricultural premises including:
(a)
Large guided tours of farms or ranches (may accommodate more than 15 attendees per tour; see Table 4-2 for maximum attendance).
(b)
Academic and technical training for farmers and ranchers in all areas of the agricultural sciences and agricultural business.
(c)
Botany.
(d)
Bird and wildlife viewing and studies.
(e)
Photography.
(f)
Astronomy.
(g)
Other similar agricultural, natural resources, and cultural educational experiences.
c.
Permit requirements. Educational experiences and opportunities may be exempt from the requirements to obtain a permit or may be allowed with a permit in compliance with the permit requirements identified in Table 4-2 below.
Note:
(1) Development Plan approval may also be required if a new structure exceeds the thresholds for requiring a Development Plan; see Subsection 35.21.030.C.
d.
Specific use standards and use limitations for educational experiences and opportunities. The following development standards and use limitations apply to all educational experiences and opportunities.
(1)
Educational experiences and opportunities shall be secondary, incidental, and subordinate to the primary agricultural use of the premises.
(2)
Parking. The following parking standards shall apply to educational experiences and opportunities.
(a)
Sufficient usable area shall be available to accommodate all user vehicles entirely on the premises.
(b)
Parking shall be limited to pre-existing disturbed areas free of combustible materials; parking shall not be allowed on areas of active cultivation or native vegetation.
(c)
Parking shall not be allowed on access roads where it would impede access by emergency response vehicles.
(d)
Appropriate temporary signage shall be placed on the premises prior to the commencement of each educational experiences activity directing attendees to, and indicating the location of, parking areas.
(e)
A parking coordinator shall be present at all times during any educational experiences activity attended by 100 or more persons to manage and direct vehicular movement.
(f)
Dust control measures shall be used to keep dust generation to a minimum and to minimize the amount of dust leaving the site.
(g)
Parking shall not be allowed within a road right-of-way or trail easement.
(h)
If a structure is proposed, parking shall comply with applicable standards of Chapter 35.36 (Parking and Loading Standards).
(3)
Noise standards. Educational experiences and opportunities involving the use of outdoor amplified sound shall comply with the following noise standards:
(a)
Outdoor amplified sound, shall only be allowed from 10:00 a.m. to 9:00 p.m.
(b)
Outdoor amplified sound shall not exceed 65 dBA at the exterior boundary of the agricultural premises.
(c)
Sources of amplified sound shall be located no closer than 500 feet from the exterior boundary of the agricultural premises. If the premises boundary is abutting a lot zoned for residential uses, activities using amplified sound shall be located no closer than 1,000 feet from the premises boundary abutting the residential zone.
(d)
Amplified sound system speakers shall be directed away from the nearest premises boundary.
(4)
The educational experiences and opportunities operator shall collect and dispose of solid waste generated by the activities by one of the following methods, in compliance with Chapter 17 (Solid Waste Systems) of the County Code:
(a)
Use a waste collection company if the premises is already receiving regular solid waste handling services.
(b)
Transport the solid waste to an authorized solid waste facility.
(5)
Educational experiences and opportunities do not include agricultural industry-wide activities, such as a countywide farm day. Participation in an agricultural industry-wide activity will not count towards the maximum number of educational experiences or opportunities allowed with an exemption or Zoning Clearance.
3.
Firewood processing and sales.
a.
Exempt. Firewood processing and sales may be exempt from the requirements to obtain a permit in compliance with 35.20.040 (Exemptions from Planning Permit Requirements) provided the activity complies with the following development standards.
(1)
All of the material used in the Firewood processing and sales operation shall originate from the premises where the processing occurs.
(2)
The premises where the processing occurs is planted with the source product prior to the commencement of any processing allowed in compliance within this section.
(3)
The processing facility and any facilities devoted to ancillary activities such as wholesale sales and marketing, and parking, are limited to one acre.
(4)
The operation does not propose the construction of any new structure(s) or any additions to existing structures that would require a planning permit or new water or wastewater permit.
(5)
The operation shall be in compliance with the Agricultural Commissioner's Guidelines for export of plant material.
(6)
Firewood processing and sales operations shall comply with Article IX (Deciduous Oak Tree Protection and Regeneration) of Chapter 35 of the County Code, and Appendix A (Grading Ordinance Guidelines for Native Oak Tree Removal) of Chapter 14 of the County Code.
b.
Land Use Permit. Firewood processing and sales may be allowed with a Land Use Permit issued in compliance with Section 35.82.110 (Land Use Permits) provided the activity complies with the following development standards.
(1)
The premises where the processing occurs is planted with the source product prior to the commencement of any processing allowed in compliance within this section.
(2)
The processing facility and any facilities devoted to ancillary activities such as wholesale sales and marketing, and parking, are limited to one percent of the premises, or one acre, whichever is smaller.
(3)
The operation does not propose the construction of any new structure(s) or any additions to existing structures that would require a planning permit or new water or wastewater permit.
(4)
The operation shall be in compliance with the Agricultural Commissioner's Guidelines for import and export of plant material.
(5)
Firewood processing and sales operations shall comply with Article IX (Deciduous Oak Tree Protection and Regeneration) of Chapter 35 of the County Code, and Appendix A (Grading Ordinance Guidelines for Native Oak Tree Removal) of Chapter 14 of the County Code.
c.
Conditional Use Permit.
(1)
On lands zoned with the Limited Agricultural Enterprise (LAE) overlay zone (Section 35.28.155) a firewood processing and sales operation in compliance with Subsection D.3.a or Subsection D.3.b, above, may be allowed with a Minor Conditional Use Permit approved in compliance Section 35.82.060 (Conditional Use Permits and Minor Conditional Use Permits).
(2)
Firewood processing and sales operations that do not comply with the development standards in Subsection D.3.a or Subsection D.3.b, above, may be allowed with a Conditional Use Permit approved in compliance with Section 35.82.060 (Conditional Use Permits and Minor Conditional Use Permits) provided the activity complies with Article IX (Deciduous Oak Tree Protection and Regeneration) of Chapter 35 of the County Code, and Appendix A (Grading Ordinance Guidelines for Native Oak Tree Removal) of Chapter 14 of the County Code.
4.
Incidental food service.
a.
Applicability.
(1)
Does not apply to wineries regulated separately. This Subsection shall not apply to winery tasting rooms that are regulated by Section 35.42.280 (Wineries) of this Development Code. Incidental food service at winery tasting rooms on agricultural-zoned lands is regulated by Subsection 35.42.280 (Wineries).
(2)
Incidental food service may be allowed on lands zoned AG-II as part of an exempt or approved agricultural enterprise use that brings members of the public to the premises and is a concurrent operation. Eligible agricultural enterprise uses include the following:
(a)
Campground, in compliance with Subsection 35.42.240.E.1.b.
(b)
Educational opportunities and experiences, in compliance with Subsection 35.42.035.D.2, above.
(c)
Fishing operation, in compliance with Subsection 35.42.240.E.2.
(d)
Horseback riding, in compliance with Subsection 35.42.240.E.3.
(e)
Hunting, in compliance with Subsection 35.42.240.E.4.
(f)
Small-scale special events, in compliance with Subsection 35.42.035.D.6, below.
b.
Permit Requirements.
(1)
Exempt. The following types of incidental food service may be exempt from the requirements to obtain a permit in compliance with Section 35.20.040 (Exemptions from Planning Permit Requirements) provided the use does not include new structures or additions to existing structures and complies with Subsection D.4.c. (Specific use standards and use limitations for incidental food service) and Subsection 35.42.035.E. (Development standards), below.
(a)
Non-potentially hazardous prepackaged foods in compliance with California Retail Food Code Section 113871[c] and 114365.5[b] including shelf stable foods that do not require refrigeration.
(b)
Potentially hazardous prepackaged food in compliance with California Retail Food Code Section 113871 including perishable foods that may require refrigeration or other temperature control.
(c)
Prepackaged meals or picnics, such as salads or sandwiches, or other food prepared and delivered by an offsite permitted food facility.
(d)
Food trucks.
(e)
Catered food.
(2)
Zoning Clearance. In addition to the foods allowed in compliance with Subsection D.4.b.(1) above, the following types of incidental food service may be allowed with a Zoning Clearance issued in compliance with Section 35.82.210 (Zoning Clearances) provided the operation complies with Subsection D.4.c. (Specific use standards and use limitations for incidental food service) and Subsection 35.42.035.E. (Development standards), below.
(a)
An outdoor barbeque not part of a food truck or catered food operation.
(b)
An outdoor pizza oven not part of a food truck or catered food operation.
c.
Specific use standards and use limitations for incidental food service. The following development standards and use limitations apply to all incidental food services.
(1)
The provision of food shall be secondary, incidental, and subordinate to the primary agricultural use of the premises and the agricultural enterprise use that brings the public to the agricultural premises. Incidental food service shall not be operated as a food service establishment independent of the agricultural enterprise use.
(2)
Incidental food service shall be limited to the hours of operation of the agricultural enterprise use that brings the public to the agricultural premises.
(3)
The incidental food service operator shall collect and dispose of solid waste generated by the operation by one of the following methods, in compliance with Chapter 17 (Solid Waste Systems) of the County Code:
(a)
Use a waste collection company if the premises is already receiving regular solid waste handling services.
(b)
Transport the solid waste to an authorized solid waste facility.
(4)
The incidental food service shall comply with all standards regarding the provision, storage, and service of food, in addition to water supply and sanitation facilities, as required by the County Public Health Department.
(5)
County Fire Department requirements shall be met.
5.
Lumber processing and milling (small scale).
a.
Land Use Permit. Small-scale lumber processing and milling may be allowed with a Land Use Permit issued in compliance with Section 35.82.110 (Land Use Permits) provided the activity complies with the following development standards.
(1)
All of the material used in the lumber processing and milling operation shall originate within Santa Barbara County.
(2)
The premises where the processing occurs is planted with the source product prior to the commencement of any processing allowed in compliance within this section.
(3)
The processing facility and any facilities devoted to ancillary activities such as wholesale sales and marketing, and parking, are limited to one acre.
(4)
The operation does not propose the construction of any new structure(s) or any additions to existing structures that would require a planning permit or new water or wastewater permit.
(5)
The operation shall be in compliance with the Agricultural Commissioner's Guidelines for import and export of plant material.
(6)
Lumber processing and milling operations shall comply with Article IX (Deciduous Oak Tree Protection and Regeneration) of Chapter 35 of the County Code, and Appendix A (Grading Ordinance Guidelines for Native Oak Tree Removal) of Chapter 14 of the County Code.
b.
Conditional Use Permit.
(1)
On lands zoned with the Limited Agricultural Enterprise (LAE) overlay zone (Section 35.28.155) a lumber processing and milling operation in compliance with Subsection D.5.a, above, may be allowed with a Minor Conditional Use Permit approved in compliance Section 35.82.060 (Conditional Use Permits and Minor Conditional Use Permits).
(2)
Lumber processing and milling operations that do not comply with the development standards in Subsection D.5.a, above, may be allowed with a Conditional Use Permit approved in compliance with Section 35.82.060 (Conditional Use Permits and Minor Conditional Use Permits) provided the activity complies with Article IX (Deciduous Oak Tree Protection and Regeneration) of Chapter 35 of the County Code, and Appendix A (Grading Ordinance Guidelines for Native Oak Tree Removal) of Chapter 14 of the County Code.
6.
Small-scale special events.
a.
Applicability.
(1)
Minimum premises size. Small-scale special events pursuant to this Section 35.42.035.D.6 shall be allowed only on agricultural premises of 40 acres or larger.
(2)
Does not apply to wineries regulated separately. This Subsection shall not apply to small-scale special events on agricultural lands with a winery on the premises that are regulated by Section 35.42.280 (Wineries) of this Development Code.
(3)
Does not apply to charitable and other noncommercial functions regulated separately. This Subsection shall not apply to charitable and other noncommercial functions that are regulated by Subsection 35.42.260.F.4 (Charitable and other noncommercial functions).
b.
Allowed events. Small-scale special events may include farm-to-table dinners, cooking classes, weddings, receptions, parties, writing or yoga workshops, and similar gatherings, and non-motorized bike races, trail runs, equestrian endurance rides, and similar activities, operated on a commercial basis.
c.
Permit requirements. Small-scale special events may be allowed with a permit in compliance with the permit requirements identified in Table 4-3 below.
Note:
(1) Development Plan approval may also be required if a new structure exceeds the thresholds for requiring a Development Plan; see Subsection 35.21.030.C.
d.
Specific use standards and use limitations. The following development standards and use limitations apply to all small-scale special events.
(1)
Small-scale special events shall be secondary, incidental, and subordinate to the primary agricultural use of the premises.
(2)
Parking. The following parking standards shall apply to small-scale special events.
(a)
Sufficient usable area shall be available to accommodate all user vehicles entirely on the premises.
(b)
Parking shall be limited to pre-existing disturbed areas free of combustible materials; parking shall not be allowed on areas of active cultivation or native vegetation.
(c)
Parking shall not be allowed on access roads where it would impede access for emergency response.
(d)
Appropriate temporary signage shall be placed on the premises prior to the commencement of each event directing attendees to, and indicating the location of, parking areas.
(e)
A parking coordinator shall be present at all times during any event attended by 100 or more persons to manage and direct vehicular movement.
(f)
Dust control measures shall be used to keep dust generation to a minimum and to minimize the amount of dust leaving the site.
(g)
Parking shall not be allowed within a road right-of-way or trail easement.
(h)
If a structure is proposed, parking shall comply with applicable standards of Chapter 35.36 (Parking and Loading Standards).
(3)
Small-scale special event hours of operation.
(a)
Farm-to-table dinners, cooking classes, weddings, receptions, parties, writing or yoga workshops, and similar gatherings shall only be allowed between 10:00 a.m. and 11:00 p.m.
(b)
Non-motorized bike races, trail runs, equestrian endurance rides, and similar activities are not subject to the hours of operation in Subsection (3)(a), above.
(4)
Noise standards. Small-scale special events involving the use of outdoor amplified sound shall comply with the following noise standards:
(a)
Outdoor amplified sound shall only be allowed from 10:00 a.m. to 9:00 p.m.
(b)
Outdoor amplified sound shall not exceed 65 dBA at the exterior boundary of the agricultural premises.
(c)
Event activities shall be located no closer than 500 feet from the exterior boundary of the agricultural premises. If the premises boundary is abutting a lot zoned for residential uses, event activities shall be located no closer than 1,000 feet from the premises boundary abutting the residential zone.
(d)
Amplified sound system speakers shall be directed away from the nearest premises boundary.
(5)
The small-scale special events operator shall collect and dispose of solid waste generated by the operation by one of the following methods, in compliance with Chapter 17 (Solid Waste Systems) of the County Code:
(a)
Use a waste collection company if the premises is already receiving regular solid waste handling services.
(b)
Transport the solid waste to an authorized solid waste facility.
(6)
Small-scale special events shall comply with all standards regarding the provision, storage, and service of food, as applicable, and the provision of water supply and sanitation facilities, as required by the County Public Health Department.
(7)
Small-scale special events do not include agricultural industry-wide events, such as a countywide farm day. Participation in an agricultural industry-wide event will not count towards the maximum number of events allowed by the exemption or Zoning Clearance.
E.
Development standards. Except where expressly limited to specific uses the following development standards shall apply to all agricultural enterprise uses allowed by this Section 35.42.035, unless modified as part of a Minor Conditional Use Permit or Conditional Use Permit in compliance with Section 35.82.060.1 (Conditional Use Permits and Minor Conditional Use Permits - Conditions, restrictions, and modifications).
1.
The use shall be incidental, supportive, and supplemental to the primary agricultural uses of working farms and ranches that produce agricultural products on the premises.
2.
The operation shall not significantly compromise the agricultural operations or the long-term productive agricultural capability or natural resources of the subject premises or adjacent and surrounding premises.
3.
Existing structures to be repurposed for use as part of an agricultural enterprise operation shall be reviewed by the County Building and Safety Division and County Fire Department for compliance with Chapter 10 (Building Regulations) and Chapter 15 (Fire Prevention), respectively, and shall comply with all required changes to ensure the structure meets the minimum public health and safety requirements for the proposed use.
4.
The agricultural enterprise use shall not include a new at-grade crossing of Highway 101 or State highways.
5.
Setbacks from adjacent premises. Stationary educational experiences and opportunities and small-scale special events facilities shall comply with the following setbacks.
a.
A minimum 100-foot setback from the lot line of the agricultural premises on which the facilities or activities are located.
b.
All facilities and stationary activities shall be located no closer than 400 feet from a residence that is located on an adjacent property that is not a part of the agricultural enterprise premises.
c.
Setbacks from adjacent commercial farming operations. The following setbacks shall apply to commercial farming operations located on adjacent premises when the agricultural commodity has been in commercial cultivation (tilled for agricultural use and planted with a crop). For the purpose of this setback, an adjacent commercial farming operation may touch at a point or share a common boundary with the agricultural enterprise premises, or may be separated by an intervening road or street (excluding a four-lane highway), railroad right-of-way or other public facility.
(1)
A minimum 200 feet from the lot line of the agricultural premises on which the facilities or activities are located when a commercial food crop, orchard, or vineyard farming operation is located on the adjacent agricultural premises. For the 200-foot setback to apply, the adjacent food crop, orchard, or vineyard farming operation must comply with all of the following:
(a)
Be part of a commercial farming operation where the primary land use of the premises shall be the production of one or more agricultural commodities for commercial purposes.
(b)
Have a minimum of 10 acres of food crops, orchards, or vineyards planted (with allowances for fallow periods, change of crop or production method) or a demonstrated planting history of a minimum of 10 acres of food crops, orchards, or vineyards planted within at least three of the previous 10 years. For the purpose of this setback, the previous 10 years shall be measured from the commencement of the exempt agricultural enterprise use or from application submittal for an agricultural enterprise use that requires a permit.
(2)
Adjustments. As part of a permit to be reviewed and approved by the Department, the setbacks from adjacent commercial farming operations in Subsection c.(1) above may be adjusted downward in the following circumstances:
(a)
Where intervening topography, roads, protected habitats, or other geographic features preclude cultivation of food crops, orchards, or vineyards on the adjacent agricultural premises within 200 feet of the common lot line. The setback reduction shall be commensurate with the width of the land that cannot be cultivated.
(b)
Where the commercial cultivation on the adjacent agricultural premises does not occur in close proximity to the common lot line, the setback may be adjusted downward provided at least 200 feet is maintained between the facilities/stationary activities and the food crop, orchard, or vineyard.
(c)
Where the facilities or stationary activities are separated from an adjacent commercial farming operation by a four-lane highway, the setback from commercial farming operations shall not apply.
(d)
Where residential development (e.g. an existing residence, farm employee dwelling, accessory dwelling unit, or similarly-occupied building) or other development which is existing as of January 9, 2025, is located on the proposed agricultural enterprise use premises within 200 feet of an adjacent premises with a commercial food crop, orchard, or vineyard farming operation, the setback from the adjacent commercial farming operation may be reduced by up to 50 percent, provided the agricultural enterprise use is located no closer than the aforementioned existing development.
In determining whether the criteria for a setback adjustment from adjacent commercial farming operations has been met, the Department may consider any mutual agreement between the applicant and the adjacent premises owner regarding the need for setbacks from the adjacent commercial farming operations.
6.
Fire Protection Plan. Prior to the commencement of an exempt agricultural enterprise use allowed in compliance with this Section 35.42.035, or prior to the issuance of a Zoning Clearance, or approval of a Land Use Permit or Conditional Use Permit for an agricultural enterprise use, the applicant shall submit a Fire Protection Plan to the County Fire Department for review, approval, and applicable permitting in compliance with Chapter 15 (Fire Prevention) of the County Code. The Fire Protection Plan shall identify, as applicable to the specific use(s), potential ignition sources, measures intended to reduce the potential for wildfire, firefighting infrastructure (e.g., all weather access, water sources, fire extinguishers), emergency ingress and egress, emergency evacuation routes, and shelter locations in the event of wildfire, and any additional information required by the County Fire Department. The Fire Protection Plan shall be updated and resubmitted, as necessary, should there be any changes to the conditions on the site (such as increased intensity of uses, change of use, or additional uses). The County Fire Department shall retain the ability to modify the conditions in the Fire Protection Plan to address any safety issues that may arise.
7.
Setbacks from Sensitive Habitats.
a.
Stationary agricultural enterprise uses and related development (including new buildings and structures, parking, grading, and ground-disturbing activities in support of new uses and development) shall be located a minimum of 100 feet from the edge of the following sensitive habitats:
(1)
Streams and creeks, i.e., riparian habitat, or if riparian habitat is not present, from the top-of-bank of the stream or creek
(2)
Wetlands
(3)
Vernal pools
(4)
Native woodlands and forests
(5)
Native shrub lands (e.g., chaparral and coastal sage scrub)
(6)
Native grasslands
(7)
Environmentally Sensitive Habitats as designated by a community plan. If this setback conflicts with a setback designated by a community plan, the setback most protective of the biological resource shall apply.
b.
The habitat boundary and 100-foot setback shall be depicted on all plans submitted to the Department as part of a permit application when a permit is required.
c.
Projects located within or near critical habitat for rare, endangered or threatened species listed by State or federal agencies under the California Endangered Species Act or federal Endangered Species Act, or within plant communities known to contain rare, endangered, or threatened species, shall consult with the appropriate State or federal agency prior to commencing an exempt use, prior to issuance of a Zoning Clearance, or prior to approval of a Land Use Permit or Conditional Use Permit, as applicable.
8.
Oak Tree and Other Native Tree Protection. Any new development or parking areas for an agricultural enterprise use, including grading and ground-disturbing activities in support of new development or parking areas, shall be located at least six feet outside the canopy dripline of oak trees and other native trees species. If a permit is required, applicants proposing to encroach within this setback shall be required to submit an arborist report and if applicable, a tree protection and replacement plan to the Department for review and approval.
9.
Fencing for Wildlife Movement. If fencing is required for an agricultural enterprise use, the fencing shall be designed in compliance with the following standards to allow for the safe passage of wildlife.
a.
Fences and gates shall be wildlife-permeable.
b.
The distance between the bottom wire or rung and the ground surface shall be a minimum of 18 inches.
c.
Fencing materials may include the use of rails, smooth wire, and similar materials. Barbed wire shall not be used for agricultural enterprise uses unless necessary to separate livestock operations from the use.
10.
Cultural Resources. Archaeological and other tribal cultural resources shall be protected in compliance with applicable cultural resource protection policies and the requirements of the County "Guidelines for Determining the Significance of and Impacts to Cultural Resources - Archaeological, Historic, and Tribal Cultural Resources," as applicable. If subsurface ground disturbing activities are proposed for agricultural enterprise uses on lands where no previous permitted ground disturbance or prior archaeological surveys have occurred, the applicant shall submit to the Department a Phase 1 cultural resources study prepared by a qualified archaeologist documenting the absence or presence of cultural resources in the project area. In the event the Phase 1 cultural resources study determines the presence of resources or that additional investigation is required, the applicant shall follow the subsequent requirements of "Guidelines for Determining the Significance of and Impacts to Cultural Resources - Archaeological, Historic, and Tribal Cultural Resources."
11.
Historic Resources. Historic resources shall be preserved, restored, and renovated consistent with applicable historic resource protection policies and the requirements of the County "Guidelines for Determining the Significance of and Impacts to Cultural Resources - Archaeological, Historic, and Tribal Cultural Resources," as applicable. Applicants proposing to repurpose existing structures that are greater than 50 years in age and/or designated as an historic landmark or place of historic merit for an agricultural enterprise use shall submit to the Department a Phase 1 investigation prepared by a qualified historian, unless waived by the Director. In the event the Phase 1 investigation determines the presence of resources or that additional investigation is required, the applicant shall follow the subsequent requirements of "Guidelines for Determining the Significance of and Impacts to Cultural Resources - Archaeological, Historic, and Tribal Cultural Resources."
12.
Hazardous Materials Avoidance and Incidental Discovery. Agricultural enterprise uses shall be located to avoid areas that are known to be contaminated with hazardous agricultural chemicals. In the event that previously unknown or unidentified soil and/or groundwater contamination that could present a threat to human health or the environment is encountered during grading or construction for an agricultural enterprise use, construction activities in the immediate vicinity of the contamination shall cease immediately and the applicant shall immediately notify the Department and, as applicable, the Hazardous Waste Unit of County Fire and Site Mitigation Unit of County Environmental Health.
13.
Signs. Signs accessory to agricultural enterprise uses shall comply with Chapter 35.38 (Sign Standards).
14.
Lighting. Lighting accessory to agricultural enterprise uses shall comply with Section 35.30.120 (Outdoor Lighting).
15.
Design review. Design review shall be required for new structural development when required pursuant to Section 35.82.070. In addition to exceptions to design review pursuant to Section 35.82.070 and Subsection 35.28.080.G (Santa Ynez Valley Community Plan Area), the Director may exempt new structures from design review requirements if the new development is not visible from public roadways or other areas of public use (e.g., public parks).
16.
Critical Viewshed Corridor Overlay. Agricultural enterprises uses within the Gaviota Coast Plan area shall comply with Section 35.28.070 (Critical Viewshed Corridor (CVC) overlay zone), if applicable.
17.
Informational Advisory. Operators of educational experiences and opportunities and small-scale special events shall provide an informational advisory to guests disclosing the following:
a.
The operation is located on an active agricultural operation and visitors may be exposed to minor inconveniences associated with the agricultural operation such as noise, dust, and odors from agricultural operations on the premises and/or adjacent agricultural lands.
b.
The informational advisory shall also advise potential guests that visitors to active agricultural lands must respect the property and pre-existing agricultural operations, and avoid trespassing beyond designated visitor areas.
(Ord. No. 5226, § 7, 12-10-2024; Ord. No. 5238, § 13, 2-11-2025)
35.42.040 - Agricultural Processing Facilities
A.
Purpose and applicability. This Section establishes standards and procedures for agricultural processing facilities, where allowed by Article 35.2 (Zones and Allowable Land Uses). The standards and procedures of this Section shall not apply to cannabis processing, allowed in compliance with Section 35.42.075 (Cannabis Regulations), or wineries, allowed in compliance with Section 35.42.280 (Wineries).
B.
Development standards for agricultural processing facilities not located in the AG-II zone. This Subsection B does not apply to agricultural processing facilities allowed on lands zoned AG-II. Refer to Subsection C (Specific allowable uses and development standards for the AG-II zone), below.
1.
Agricultural processing facilities shall be subject to the following standards.
a.
The facility may be used for the sorting, cleaning, packing, freezing, milling, bottling and storage of horticultural and agricultural products (other than animals) grown on or off the premises preparatory to wholesale or the retail sale and/or shipment in their natural form or in a milled liquid form.
b.
Agricultural processing that includes milling and/or bottling of horticultural or agricultural products shall be limited to the following standards:
(1)
Agricultural processing is limited to simple mechanical processing to convert fruit from a solid to a liquid without additives, chemical reactions or changes in natural ambient temperatures.
(2)
Milling of agricultural products shall not generate wastewater discharges, or hazardous wastes.
(3)
All process water and waste material from milling shall be managed onsite as recycled irritation water or organic compost. Exceptions are permissible in those unusual circumstances where some process water and/or waste material may be legally discharged into a sanitary sewer system, or legally disposed of as a solid waste (e.g., in those cases involving an unexpected contaminant).
(4)
Milling of horticultural or agricultural products from offsite sources shall be limited to no more than 49 percent of the total volume of milled products on the facility premises, and where such premises comprise more than one legal parcel, at least five percent of the total volume of milled products shall be harvested from the legal parcel upon which the processing operation is located.
(5)
The legal parcel on which the processing occurs is planted with the horticultural or agricultural product prior to the commencement of any processing allowed in compliance with this Section.
(6)
The processing facility and any facilities devoted to ancillary activities such as wholesale sales and marketing, and parking, are limited to one acre.
(7)
Onsite retail sales of any product resulting from the agricultural processing are not allowed.
c.
The facility shall be accessory to and supportive of other agricultural operations located on the same premises as the proposed facility and on other local agricultural lands that are located within 25 miles of the boundaries of the County.
d.
The primary purpose of the facility shall not be to import, on a continuing basis, horticultural or agricultural products from land more than 25 miles beyond the boundaries of the County for local processing, distribution, or sale.
e.
Products processed at the facility are determined by the review authority to be the same as or similar to products grown on the premises where the facility is located or on other local agricultural lands located within 25 miles of the boundaries of the County.
f.
The facility and products shall be consistent with the Uniform Rules for Agricultural Preserves and Farmland Security Zones.
g.
This type of facility shall not be located on prime soils unless an alternative location on nonprime soils does not exist within a reasonable distance of the proposed site.
2.
Additional agricultural processing facilities, consisting of commercial and/or industrial development, structures, uses, and areas that are directly related to the processing, packaging, treatment and/or sale of agricultural commodities, and transportation facilities required to support agriculture or fertilizer manufacturing are allowed within the Rural Area as designated on the Comprehensive Plan maps and designated with the Agricultural Industry Overlay on the Comprehensive Plan maps, provided that a Development Plan is approved in compliance with Section 35.82.080 (Development Plans).
C.
Specific allowable uses and development standards for the AG-II zone.
1.
Purpose and Intent. This Subsection C lists the agricultural processing uses and facilities that may be allowed on lots zoned AG-II. determines the type of planning permit required for each type of facility, and provides development standards related to the size and intensity of use of the proposed facility. The intent is to provide for flexibility in the development of agricultural processing facilities that are accessory to and supportive of commercial agriculture while promoting orderly development of these facilities, and to ensure their compatibility with surrounding land uses in order to protect the public health and safety, while preventing impacts to natural, cultural, and visual resources.
2.
Permit requirements. This Subsection C.2 provides the permit requirements for specific agricultural processing uses allowed in the AG-II zone, including on lands zoned with the Limited Agricultural Enterprise (LAE) overlay zone (Section 35.28.155).
a.
Exempt. Agricultural processing - product preparation, small-scale processing beyond the raw state, and tree nut hulling may be exempt from the requirements to obtain a permit in compliance with Section 35.20.040 (Exemptions from Planning Permit Requirements) provided the operation complies with Subsection C.3 (Development standards), below, and the following:
(1)
Agricultural use required. The primary land use of the premises shall be the production of one or more agricultural commodities for commercial purposes.
(2)
Products processed at the facility may be grown on or off the premises. Products processed at the facility that are grown off the premises shall be sourced from Santa Barbara, San Luis Obispo, and Ventura counties.
(3)
Does not propose the construction of any new structure(s) or additions to existing structures that would require a planning permit.
(4)
Not more than 5,000 square feet gross floor of existing structures may be used for small-scale processing.
b.
Zoning Clearance. Agricultural processing - product preparation, small-scale processing beyond the raw state, and tree nut hulling may be allowed with a Zoning Clearance issued in compliance with Section 35.82.210 (Zoning Clearances) provided the operation complies with Subsection C.3 (Development standards), below, and the following:
(1)
Agricultural use required. The primary land use of the premises shall be the production of one or more agricultural commodities for commercial purposes.
(2)
Products processed at the facility may be grown on or off the premises. Products processed at the facility that are grown off the premises shall be sourced from Santa Barbara, San Luis Obispo, and Ventura counties.
(3)
Any new structure proposed as part of the processing operation shall not exceed 5,000 square feet gross floor area.
c
Conditional Use Permit. Agricultural processing - product preparation that does not comply with the permit requirements in Subsection C.2.a and Subsection C.2.b above, including facilities used for the sorting, cleaning, packing, freezing, milling, bottling, and storage of horticultural and agricultural products (other than animals) grown on or off the premises preparatory to wholesale or the retail sale and/or shipment in their natural form or in a milled liquid form, may be allowed with a Conditional Use Permit approved in compliance with Section 35.82.060 (Conditional Use Permits and Minor Conditional Use Permits).
d.
Additional agricultural processing facilities, consisting of commercial and/or industrial development, structures, uses, and areas that are directly related to the processing, packaging, treatment and/or sale of agricultural commodities, and transportation facilities required to support agriculture or fertilizer manufacturing, including agricultural processing - extensive, as defined in this Development Code, are allowed within the Rural Area as designated on the Comprehensive Plan maps and designated with the Agricultural Industry Overlay on the Comprehensive Plan maps, provided that a Development Plan is approved in compliance with Section 35.82.080 (Development Plans).
3.
Development standards. This Subsection C.3 provides the development standards for specific agricultural processing uses allowed within the AG-II zone. A land use and/or activity addressed by this Subsection C shall comply with the development standards below in addition to all other applicable provisions of this Development Code.
a.
Product preparation, small-scale processing beyond the raw state, and tree nut hulling. The following development standards shall apply to any product preparation, small-scale processing beyond the raw state, and tree nut hulling operation that may be exempt in compliance with Section 35.20.040 (Exemptions from Planning Permit Requirements), or allowed with a Zoning Clearance in compliance with Section 35.82.210 (Zoning Clearances).
(1)
The agricultural processing operation is incidental to agricultural operations located on the same premises that the processing operation is located on.
(2)
The premises on which the operation occurs is planted with the horticultural or agricultural product prior to the commencement of any processing allowed in compliance with this Section.
(3)
The processing facility and any facilities devoted to ancillary activities such as wholesale sales and marketing, and parking, are limited to one percent of the premises that the operation is located on, or one acre, whichever is smaller.
(4)
The operation will not significantly compromise the long-term productive agricultural capability or natural resources of the subject premises or adjacent premises.
(5)
The operation shall comply with Chapter 10 (Building Regulations) and Chapter 15 (Fire Prevention) of the County Code, and the air quality regulations of the Santa Barbara County Air Pollution Control Board, as applicable.
(6)
Critical Viewshed Corridor Overlay. Agricultural processing operations within the Gaviota Coast Plan area shall comply with Section 35.28.070 (Critical Viewshed Corridor (CVC) overlay zone), if applicable.
(7)
The operation shall not include a new at-grade crossing of Highway 101 or State highways.
b.
Setbacks from Sensitive Habitats.
(1)
Product preparation, small-scale processing beyond the raw state, and tree nut hulling, and related development (including new buildings and structures, parking, grading, and ground-disturbing activities in support of new development) shall be located a minimum of 100 feet from the edge of the following sensitive habitats:
(a)
Streams and creeks, i.e., riparian habitat, or if riparian habitat is not present, from the top-of-bank of the stream or creek
(b)
Wetlands
(c)
Vernal pools
(d)
Native woodlands and forests
(e)
Native shrub lands (e.g., chaparral and coastal sage scrub)
(f)
Native grasslands
(g)
Environmentally Sensitive Habitats as designated by a community plan. If this setback conflicts with a setback designated by a community plan, the setback most protective of the biological resource shall apply.
(2)
The habitat boundary and 100-foot setback shall be depicted on all plans submitted to the Department.
(3)
Projects located within or near critical habitat for rare, endangered or threatened species listed by State or federal agencies under the California Endangered Species Act or federal Endangered Species Act, or within plant communities known to contain rare, endangered, or threatened species, shall consult with the appropriate State or federal agency prior to commencing an exempt use, prior to issuance of a Zoning Clearance, or prior to approval of a Land Use Permit or Conditional Use Permit, as applicable.
c.
Oak Tree and other Native Tree Protection. New development or parking areas, including grading and ground-disturbing activities in support of new development or parking areas, shall be located at least six feet outside the canopy dripline of oak trees and other native trees species. If a permit is required, applicants proposing to encroach within this setback shall be required to submit an arborist report and if applicable, a tree protection and replacement plan to the Department for review and approval.
d.
Fencing for Wildlife Movement. If fencing is required for small-scale agricultural processing uses on the AG-II zone, the fencing shall be designed in compliance with the following standards to allow for the safe passage of wildlife.
(1)
Fences and gates shall be wildlife-permeable.
(2)
The distance between the bottom wire or rung and the ground surface shall be a minimum of 18 inches.
(3)
Fencing materials may include the use of rails, smooth wire, and similar materials. Barbed wire shall not be used for agricultural processing uses unless necessary to separate livestock operations from the use.
e.
Signs. Signs accessory to agricultural processing shall comply with Chapter 35.38 (Sign Standards).
f.
Lighting. Lighting accessory to agricultural processing shall comply with Section 35.30.120 (Outdoor Lighting).
g.
Additional standards for agricultural processing that includes milling and/or bottling of horticultural or agricultural products. Agricultural processing that includes milling and/or bottling of horticultural or agricultural products shall comply with the following standards:
(1)
Agricultural processing shall be limited to simple mechanical processing to convert fruit from a solid to a liquid without additives, chemical reactions or changes in natural ambient temperatures.
(2)
Milling of agricultural products shall not generate wastewater discharges, or hazardous wastes.
(3)
All process water and waste material from milling shall be managed onsite as recycled irrigation water or organic compost. Exceptions are permissible in those unusual circumstances where some process water and/or waste material may be legally discharged into a sanitary sewer system, or legally disposed of as a solid waste (e.g., in those cases involving an unexpected contaminant).
(4)
The processing facility and any facilities devoted to ancillary activities such as wholesale sales and marketing, and parking, are limited to one acre.
h.
Design review. Design review shall be required for new structural development when required pursuant to Section 35.82.070. In addition to exceptions to design review pursuant to Section 35.82.070 and Subsection 35.28.080.G (Santa Ynez Valley Community Plan Area), the Director may exempt new structures from design review requirements if the new development is not visible from public roadways or other areas of public use (e.g., public parks).
(Ord. No. 5226, § 8, 12-10-2024)
35.42.050 - Agricultural Product Sales
A.
Purpose. The purpose of this Section is to provide development and operational standards for the retail sale of agricultural commodities on property that is zoned to allow and is primarily used for agricultural activities and to promote the orderly development of such agricultural sales within the County and ensure their compatibility with surrounding land uses in order to protect and maintain the public health and safety and natural and visual resources.
B.
Accessory use. Agricultural product sales shall be allowed only where the primary use of the lot is agriculture and the lot is located either:
1.
In a zone as specified in Subsection C. (Specific allowable uses and development standards for the AG-I, RR, M-1, M-2, M-CR, R-1, R-2, DR, PRD, CH, and NTS zones), below, or
2.
In the AG-II zone as specified in Subsection D. (Specific allowable uses and development standards for the AG-II zone), below.
C.
Specific allowable uses and development standards for the AG-I, RR, M-1, M-2, M-CR, R-1, R-2, DR, PRD, CH, and NTS zones. Agricultural product sales may be allowed within the specified zones in compliance with Subsection 35.42.050.C.1 (Permit requirements) and Subsection 35.42.050.C.2 (Development standards), below.
1.
Permit requirements. An appropriate application shall be filed with the Department as provided below. Additional permits may be required by other provisions of this Development Code (e.g., for structures accessory to the agricultural sales).
a.
Within the AG-I, RR, M-1, M-2, and M-CR zones, the following activities shall be exempt from the requirement to obtain a Land Use Permit provided the activity is conducted in compliance with the development standards specified in Subsection 2. (Development standards) below.
(1)
Sales of agricultural products, operated by a single proprietor, and either grown (1) onsite, or (2) on other property located within the County that is either owned or leased by the same owner or lessee of the lot on which the sales occur, or (3) on other property within a 25-mile radius of the lot on which the sales occur. This includes operations where customers have access to the growing areas and pick the product themselves (e.g., Christmas tree farms, pumpkin patches, apple or fruit picking farms).
(2)
Sales of ornamental trees, shrubs and plants, grown in containers that may be imported from off-site, including incidental sale of garden and landscape materials and equipment, and including retail sales directly to members of the public provided the area to which the public has access is limited to 10,000 square feet.
(3)
Sales of imported vegetative holiday sales products (e.g., pumpkins, Christmas trees) provided the area to which the public has access is limited to 10,000 square feet.
b.
Within the AG-I, RR, M-1, M-2, and M-CR zones, Development Plan approval by the Director in compliance with Section 35.82.080 (Development Plans) is required for the sales of ornamental trees, shrubs and plants, grown in containers, including incidental sale of garden and landscape materials and equipment, and including retail sales directly to members of the public provided the area to which the public has access is greater than 10,000 square feet.
c.
Within the R-1, R-2, DR, PRD and CH zones, the following activities require Conditional Use Permit approval in compliance with Section 35.82.060 (Conditional Use Permits and Minor Conditional Use Permits):
(1)
Sales of agricultural products, operated by a single proprietor, and either (1) grown predominantly onsite or (2) on other property within a 25-mile radius of the lot on which the sales occur. This includes operations where customers have access to the growing areas and pick the product themselves (e.g., Christmas tree farms, pumpkin patches, apple or fruit picking farms).
d.
NTS zone.
(1)
The sale of agricultural products grown onsite shall be exempt from the requirement to obtain a Land Use Permit provided the activity is conducted in compliance with the development standards specified in Subsection 2. (Development standards) below.
2.
Development standards. Agricultural product sales within the AG-I, RR, M-1, M-2, M-CR, R-1, R-2, DR, PRD, CH, and NTS zones shall comply with the following development standards, as applicable.
a.
Except on a lot zoned NTS, if a structure is required for the sale of agricultural products, the sale shall be conducted within an existing agricultural structure or from a separate stand not exceeding 600 square feet of gross floor area and located no closer than 20 feet to the right-of-way line of any street.
(1)
On a lot zoned NTS if a structure is required for the sale of agricultural products, the sale shall be conducted within an existing agricultural structure or from a separate stand not exceeding 200 square feet of gross floor area and located no closer than 20 feet to the right-of-way line of any street.
b.
The area devoted to retail sales of non-plant materials, if allowed, shall be limited to a single location no greater than 300 square feet in area. Product inventory related to the retail sales of non-plant materials may be stored separately and the area devoted to storage shall not be included within the 300 square feet, provided the inventory storage area is neither visible nor accessible to the public.
c.
Parking shall be provided as follows:
(1)
All parking areas, except as provided in Subsection c.(2) below shall be constructed in compliance with the following:
(a)
All parking areas shall have an all-weather surface consisting of a minimum of crushed rock, asphalt, chip seal, concrete, brick, or other masonry paving units or equivalent surface.
(2)
Parking areas associated with short-term, seasonal sales may be unimproved; however, dust generation shall not be allowed to become a nuisance and shall be kept to a minimum through the periodic wetting of the surface.
(3)
Parking areas shall comply with the applicable disabled access requirements of Title 24 of the California Code of Regulations.
(4)
Parking shall not be allowed within any adjacent road rights-of-way or trail easement.
d.
Ingress and egress to the agricultural sales area shall be clearly visible, and turning movements into the premises from adjacent road rights-of-way shall not create congestion or cause unnecessary slowing at access points.
e.
Signs. Signs advertising the sale of agricultural products shall comply with Chapter 35.38 (Sign Standards).
f.
An agricultural product sales establishment and operation shall comply with applicable sections of Chapter 10 (Building Regulations) and Chapter 15 (Fire Prevention) of the County Code.
g.
Structures that are not used for a period of 12 months shall be removed within the three months following the 12 months of non-use.
h.
Lighting. Lighting accessory to an agricultural sales area shall comply with Section 35.30.120 (Outdoor Lighting).
i.
In addition to the development standards listed above, the following development standards shall also apply to agricultural sales on property zoned R-1, R-2, DR, PRD and CH:
(1)
The lot upon which the agricultural sales occur shall consist of a minimum of two acres (gross).
(2)
If a structure is required for the sale of agricultural products, the sale shall be conducted either within an existing accessory structure or from a separate stand not to exceed 200 square feet of sales and storage area, except that if the premises consist of five or more contiguous acres, the structure shall not exceed 600 square feet.
(3)
Only one stand shall be allowed on the premises.
(4)
New structures shall be subject to Design Review in compliance with Section 35.82.070 (Design Review).
(5)
Parking shall be provided in compliance with Section 35.36.100 (Standards for Residential Zones and Uses) and Section 35.36.110 (Standards for Nonresidential Zones and Uses).
D.
Specific allowable uses and development standards for the AG-II zone. Farm stands and agricultural product sales may be allowed in the AG-II zone, including on lands zoned with the Limited Agricultural Enterprise (LAE) overlay zone, in compliance with Subsection 35.42.050.D.1 (Permit requirements) and Subsection 35.42.050.D.2 (Development standards), below.
1.
Permit requirements.
a.
Exempt. A farm stand may be exempt from the requirements to obtain a permit in compliance with Section 35.20.040 (Exemptions from Planning Permit Requirements) provided the farms stand complies with the development standards specified in Subsection 2, below, and the following:
(1)
The farm stand is incidental to agricultural operations located on the same premises that the farm stand is located on.
(2)
If a structure is required for the sale of agricultural products, the sale shall be conducted within an existing agricultural structure or from a separate farm stand, not to exceed 800 square feet of gross floor area.
(3)
Sales of ornamental trees, shrubs and plants, grown in containers that may be imported from off-site, including incidental sale of garden and landscape materials and equipment, and including retail sales directly to members of the public are allowed provided the area to which the public has access is limited to 10,000 square feet.
(4)
Sales of imported vegetative holiday sales products (e.g., pumpkins, Christmas trees) are allowed provided the area to which the public has access is limited to 10,000 square feet.
b.
Zoning Clearance. A farm stand and other agricultural product sales may be allowed with a Zoning Clearance in compliance with Section 35.82.210 (Zoning Clearances) provided the operation complies with the development standards specified in Subsection 2, below, and the following:
(1)
The farm stand or other agricultural product sales are incidental to agricultural operations located on the same premises that the operation is located on.
(2)
The sale of agricultural products may be conducted from a new farm stand structure not to exceed 1,500 square feet of gross floor area.
c.
Development Plan. Development Plan approval by the Director in compliance with Section 35.82.080 (Development Plans) is required for the sales of ornamental trees, shrubs and plants, grown in containers, including incidental sale of garden and landscape materials and equipment, and including retail sales directly to members of the public provided the area to which the public has access is greater than 10,000 square feet.
2.
Development standards. Farm stands and agricultural product sales within the AG-II zone shall comply with the following development standards, as applicable.
a.
Any new structure for a farm stand or agricultural product sales operation shall be located no closer than 20 feet from the right-of-way line of any street or highway.
b.
Including operations where customers have access to the growing areas and pick the product themselves (e.g., Christmas tree farms, pumpkin patches, apple or fruit picking farms), farm stands and agricultural product sales operated by a single proprietor and sales of agricultural products are limited to those that are grown either:
(1)
Onsite, or
(2)
On other property located within the County that is either owned or leased by the same owner or lessee of the lot on which the sales occur, or
(3)
On other property located within a 25-mile radius of the lot on which the sales occur.
c.
The sale of artisanal crafts created within Santa Barbara County is allowed if subordinate to farm stand sales.
d.
The area devoted to retail sales of non-plant materials, including the sale of artisanal crafts created within Santa Barbara County, shall be limited to a single location no greater than 300 square feet in area or 20 percent of the gross floor area of the farm stand or sales area, whichever is smaller. Product inventory related to the retail sales of non-plant materials may be stored separately and the area devoted to storage shall not be included within the 300 square feet or 20 percent of sales area, provided the inventory storage area is neither visible nor accessible to the public.
e.
Food sales from farm stands shall comply with the California Retail Food Code Section 114375 and shall be limited to the following:
(1)
Whole produce and shell eggs as described in California Retail Food Code Section 113789(c)(6).
(2)
Nonpotentially hazardous prepackaged food products from an approved source that were grown or produced in close proximity to the farm stand in a manner consistent with the intent of the Food and Agricultural Code Division 17 Section 47000 et seq.
(3)
All prepackaged processed food products shall meet the applicable requirements provided in California Retail Food Code Section 113980 and be stored in an approved vermin proof area or container when the farm stand operation is closed.
(4)
The area devoted to the sale and storage of bottled water, soft drinks, and other nonpotentially hazardous food products that have not been grown or produced in close proximity to the farm stand shall be limited to 50 square feet.
(5)
Food preparation is prohibited at farm stands with the exception of food samples, which may occur only if in compliance with California Retail Food Code Section 114371(b). If a farm stand operation provides food sampling, approved toilet and handwashing facilities shall be available for use by farm stand operators and employees, consistent with California Health and Safety Code Sections 113310 through 113360.
(6)
No live animals, birds, or fowl shall be kept or allowed within 20 feet of any area where food is stored or held for sale. This does not apply to guide dogs, signal dogs, or service dogs.
(7)
All garbage and refuse shall be stored and disposed of in an appropriate manner.
f.
Parking and parking areas.
(1)
All parking areas, except those serving short-term, seasonal sales, shall have an all-weather surface consisting of a minimum of crushed rock, asphalt, chip seal, concrete, brick, or other masonry paving units or equivalent surface. The use of any non-permeable surface materials shall be the minimum necessary to comply with requirements for the provision of disabled access.
(2)
Parking areas associated with short-term, seasonal sales may be unimproved; however, dust generation shall not be allowed to become a nuisance and shall be kept to a minimum through the periodic wetting of the surface.
(3)
Parking areas shall comply with the applicable disabled access requirements of Title 24 of the California Code of Regulations.
(4)
Parking shall not be allowed within any adjacent road rights-of-way or trail easement.
g.
Ingress and egress to the farm stand/agricultural sales area shall be clearly visible, and turning movements into the premises from adjacent road rights-of-way shall not create congestion or cause unnecessary slowing at access points.
h.
The farm stand shall not include a new at-grade crossing from Highway 101 or State highways.
i.
Signs. Signs advertising the sale of agricultural products shall comply with Chapter 35.38 (Sign Standards).
j.
Agricultural product sales establishments and farm stand operations shall comply with applicable sections of Chapter 10 (Building Regulations), Chapter 15 (Fire Prevention), and Chapter 18C (Environmental Health Services) of the County Code.
k.
Exempt farm stand structures that are not used for a period of 12 months shall be removed within the three months following the 12 months of non-use.
l.
Lighting. Lighting accessory to an agricultural sales area shall comply with Section 35.30.120 (Outdoor Lighting).
m.
The farm stand operation (including new structure and parking) shall not be located within 100 feet of the edge of the following sensitive habitats:
(1)
Streams and creeks, i.e., riparian habitat, or if riparian habitat is not present, from the top-of-bank of the stream or creek
(2)
Wetlands
(3)
Vernal pools
(4)
Native woodlands and forests
(5)
Native shrub lands (e.g., chaparral and coastal sage scrub)
(6)
Native grasslands
(7)
Environmentally Sensitive Habitats as designated by a community plan. If this setback conflicts with a setback designated by a community plan, the setback most protective of the biological resource shall apply.
n.
The farm stand operation (including new structure and parking) shall be located at least six feet outside the canopy dripline of oak trees and other native tree species.
o.
The farm stand operation shall not result in any potential adverse effects to public hiking and equestrian trails.
p.
The farm stand operation shall not result in significant adverse impacts to scenic views from parklands, public viewing areas, and public roadways.
q.
Design review. Design review shall be required for new structural development when required pursuant to Section 35.82.070. In addition to exceptions to design review pursuant to Section 35.82.070 and Subsection 35.28.080.G (Santa Ynez Valley Community Plan Area), the Director may exempt new structures from design review requirements if the new development is not visible from public roadways or other areas of public use (e.g., public parks).
r.
Critical Viewshed Corridor Overlay. A farm stand within the Gaviota Coast Plan area shall comply with Section 35.28.070 (Critical Viewshed Corridor (CVC) overlay zone), if applicable.
(Ord. No. 5226, § 9, 12-10-2024)
35.42.060 - Animal Keeping
A.
Purpose and intent. This Section identifies the locations, types, and numbers of animals that may be kept, and the methods by which animals shall be kept, raised and maintained, under the circumstances specified. The intent of this Section is to ensure that animal keeping does not create an adverse impact on adjacent properties (e.g., dust, fumes, insect infestations, noise, odor, pollution of streams, creeks and wetlands due to soil erosion and sedimentation, propagation of flies and other disease vectors, visual blight) by providing standards for maintaining animals.
B.
Applicability. This Section applies to any keeping of animals as either an accessory and incidental use or principal use, except for pet stores, animal clinics, animal hospitals and veterinarian offices. This Section shall not apply to animals that are less than six months in age.
C.
In general.
1.
Animal keeping uses shall comply with the standards in Subsection F. (Specific animal keeping standards) below, and other applicable standards and requirements of this Development Code.
2.
Animal keeping activities are subject to the requirements of this Section regardless of whether a permit is required.
3.
Additional permits may be required by other provisions of this Development Code for structures used to enclose or house animals.
4.
Certain animal keeping activities may also be subject to the permit requirements of County departments other than the Department in compliance with the County Code.
D.
Types of animals, permit requirements, maximum numbers, and minimum site areas for animal keeping. Table 4-2 through Table 4-9 identify the type of animal or animal keeping activity allowed in each zone, the permit requirements, the maximum allowable number of animals per lot, and the minimum required site area. Where the last column in a table ("Additional Regulations") includes a Section number, the referenced Section may establish other requirements and standards applicable to the animal keeping activity.
E.
Use of property for animals different in species or greater in number.
1.
Zones other than EX-1 and NTS. In all zones other than EX-1 and NTS, a lot may be used for the keeping of animals that are of a different species than those identified in Table 4-2 through Table 4-9 , or where the number of animals is greater than that specified in Table 4-2 through Table 4-9 in compliance with a Minor Conditional Use Permit approved in compliance with Section 35.82.060 (Conditional Use Permits and Minor Conditional Use Permits).
2.
EX-1. In the EX-1 zone, a lot may be used for the keeping of animals that are of a different species than those identified in Table 4-2 through Table 4-9 , or where the number of animals is greater than that specified in Table 4-2 through Table 4-9 in compliance with a Conditional Use Permit approved in compliance with Section 35.82.060 (Conditional Use Permits and Minor Conditional Use Permits).
F.
Specific animal keeping standards. The following requirements apply to the keeping of animals identified in Subsection D. (Types of animals, permit requirements, maximum numbers, and minimum site areas for animal keeping) above, in addition to other applicable standards of this Section and Development Code.
1.
Household pets. Where allowed in Table 4-2 through Table 4-9 , household pets shall be kept in compliance with the following standards. The restrictions contained in this Subsection F.1 shall not apply if an animal may be kept in compliance with a different "Type of Animal or Animal Keeping Activity" listed in Table 4-2 through Table 4-9 for the applicable zone.
a.
The keeping of household pets shall be accessory to a residential use of a dwelling located on the lot where the animal keeping occurs.
b.
There shall be no more than three dogs permitted on a single lot.
c.
Such animals are for the domestic use of the residents of the lot only and are not kept for commercial purposes.
d.
The keeping of such animals shall not be injurious to the health, safety or welfare of the neighborhood and does not create offensive noise or odor as determined by the Director after advice from the Public Health Department.
e.
Enclosures for such animals shall be located no closer than 25 feet to any dwelling located on another lot.
f.
No rooster or peacock shall be kept or raised on the lot.
2.
Special standards and requirements for animal keeping in the RR, R-1/E-1, R-2, DR, MU and OT-R zones.
a.
Accessory use. In other than the RR zone:
(1)
The animal keeping shall be accessory to a residential use of a dwelling located on the lot where the animal keeping occurs.
(2)
The animals are for the domestic use of the residents of the lot only and are not kept for commercial purposes.
b.
Animal enclosures for large animals.
(1)
No stable, barn or other enclosure for large animal (e.g., paddock, corral) shall be located on a single lot having a gross area of less than 20,000 square feet.
(2)
No portion of a stable, barn or other large animal enclosure shall be located closer than:
(a)
40 feet to any dwelling located on another lot.
(b)
70 feet to any street centerline and 20 feet to any street right-of-way.
(c)
15 feet from the rear property line.
(d)
10 feet from the side property lines.
(e)
10 feet from the property lines of an interior lot.
c.
Limitation on dogs. No more than three dogs shall be allowed on a lot unless a Conditional Use Permit or Minor Conditional Use Permit approved in compliance with Section 35.82.060 (Conditional Use Permits and Minor Conditional Use Permits) for either a commercial or non-commercial kennel is first obtained.
d.
Small non-hoofed animals. Small non-hoofed animals (e.g., bees, chickens, birds, ducks, rabbits) may be allowed provided that:
(1)
The keeping of such animals is not injurious to the health, safety or welfare of the neighborhood and does not create offensive noise or odor as determined by the Director after advice from the Public Health Department.
(2)
Enclosures for such animals shall be located no closer than 25 feet to any dwelling located on another lot.
(3)
No rooster or peacock shall be kept or raised in a residential zone except on a lot of one acre (gross) or more where all adjoining lots are of equivalent size or larger.
e.
Animal husbandry. One small hoofed animal (e.g., goat, pig, sheep) excluding cattle and horses may be kept on a lot as a current and certified (or otherwise documented) 4-H, Future Farmers of America, or similar organization official project for no more than six months within any one 12 month period in compliance with the following standards:
(1)
The lot shall have a minimum net area of 10,000 square feet.
(2)
On a lot less than one gross acre, project animals shall be confined in a barn, stable, or other animal enclosure that is located no closer than 40 feet to any dwelling on another lot.
f.
Odor and vector control. Animal enclosures shall be maintained free from litter, garbage and the accumulation of manure, in order to discourage the proliferation of flies, other disease vectors, and offensive odors. Sites shall be maintained in a neat and sanitary manner.
g.
Storage and disposal of animal waste. Animal waste shall be removed and disposed of or stored in a manner that prevents unsanitary conditions and breeding of flies. Manure shall not be allowed to accumulate so as to cause as hazard to the health, welfare, or safety of humans and animals, or to contaminate surface or subsurface water quality.
h.
Erosion and sedimentation control. In no case shall an animal keeping operation be managed or maintained so as to produce sedimentation on any public road, adjoining property, or in any drainage channel. In the event such sedimentation occurs, the keeping of animals outdoors on the site shall be deemed a nuisance and may be subject to abatement in compliance with Chapter 35.108 (Enforcement and Penalties).
i.
Drainage. Where livestock are kept in enclosed corrals or barns, provisions shall be made for proper drainage and control of runoff to prevent stagnant, standing water, or the flow of contaminated water in surface or subsurface water supplies.
3.
Special standards and requirements for animal keeping in the NTS zones. The following special standards shall apply to animal keeping in the NTS zones:
a.
Accessory use. Except for animals that are kept as part of an agricultural use of the lot:
(1)
The animal keeping shall be accessory to a residential use of a dwelling located on the lot where the animal keeping occurs.
(2)
The animals are for the domestic use of the residents of the lot only and are not kept for commercial purposes.
b.
Animal enclosures for large animals.
(1)
No stable, barn or other enclosure for large animal (e.g., paddock, corral) shall be located on a single lot having a gross area of less than 20,000 square feet.
(2)
No portion of a stable, barn or other large animal enclosure shall be located closer than:
(a)
40 feet to any dwelling located on another lot.
(b)
70 feet to any street centerline and 20 feet to any street right-of-way.
(c)
15 feet from the rear property line.
(d)
10 feet from the side property lines.
(e)
10 feet from the property lines of an interior lot.
c.
Limitation on dogs.
(1)
No more than three dogs shall be allowed on a lot.
(2)
Dogs shall be controlled by a leash at all times whenever they are outside a recorded development envelope.
d.
Small non-hoofed animals. Small non-hoofed animals (e.g., chickens, birds, ducks, rabbits) may be allowed provided that:
(1)
The keeping of such animals is not injurious to the health, safety or welfare of the neighborhood and does not create offensive noise or odor as determined by the Director after advice from the Public Health Department.
(2)
Enclosures for such animals shall be located no closer than 25 feet to any dwelling located on another lot.
(3)
Not more than 10 such animals of any species allowed under this category shall be permitted on any lot unless they are kept as part of an agricultural use of the lot.
(4)
Beekeeping is not allowed.
e.
Boarding and raising of animals. Boarding and raising of animals for commercial purposes is expressly prohibited.
4.
Special standards and requirements for animal keeping in the MT-TORO and RMZ zones.
a.
MT-TORO Zone. In the MT-TORO zone, animal keeping shall be accessory to a residential use of a dwelling located on the lot where the animal keeping occurs and shall be limited to non-commercial uses only.
b.
RMZ Zone. In the RMZ zone, except for agricultural grazing, animal keeping shall be accessory to a residential use of a dwelling located on the lot where the animal keeping occurs and shall be limited to non-commercial uses only.
5.
Wildlife species rehabilitation. The rehabilitation of wildlife species that commonly occur within Santa Barbara County is allowed in all zones subject to the following requirements. For the purposes of this Section, the rehabilitation of wildlife species shall mean the provision of nursing care to sick or injured wildlife prior to returning the animal to the wild.
a.
Permit requirements. No permit is required for wildlife species rehabilitation activities except that permits may be required by other provisions of this Development Code (e.g., for structures used to enclose or house animals), and by other chapters of the County Code.
b.
Development standards. Wildlife species rehabilitation activities shall comply with the standards of Subsection 2.b, Subsection 2.f, and Subsection 2.g, above.
c.
Cessation of wildlife rehabilitation activities. The wildlife species rehabilitation shall be conducted in a manner that is not injurious to the health, safety, or welfare of the neighborhood and does not create offensive noise or odor as determined by the Director after advice from the Public Health Department. If the Director determines that the wildlife species rehabilitation is injurious to the health, safety, or welfare of the neighborhood and/or does create offensive noise or odor, the Director may order the cessation of the wildlife species rehabilitation activities. The decision of the Director is final subject to appeal in compliance with Chapter 35.102 (Appeals).
G.
Multiple animal types. More than one species of animals allowed in compliance with Subsection D. may be kept on a single lot provided that:
1.
The requirements of Subsections D and F and all other applicable provisions of this Section are satisfied for each species.
2.
Where multiple proposed animal species have equivalent animal density requirements (maximum number of animals per lot) established by Subsection D., the total number of animals shall not exceed the density requirement (e.g., in the R-1/E-1 zone, cattle and horses are both limited to a density of one animal per 20,000 square feet of site area with a maximum of five such animals per lot. A lot with two acres could have as many as four horses or cows, or any combination of horses and cows, as long as the total did not exceed four.)
Notes:
See Subsection 35.42.060.G (Multiple animal types) above.
(2) ;hg;Does not include commercial boarding or raising of animals where such services
are offered to members of the public.
(3) ;hg;Exempt "E" only if limited to reasonable family use on a non-commercial basis.
MCUP required if constitutes a commercial operation.
Notes:
See Subsection 35.42.060.G (Multiple animal types) above.
(2) ;hg;Does not include commercial boarding or raising of animals where such services
are offered to members of the public.
(3) ;hg;Exempt "E" only if limited to reasonable family use on a non-commercial basis.
Notes:
See Subsection 35.42.060.G (Multiple animal types) above.
(2) ;hg;Does not include commercial boarding or raising of animals where such services
are offered to members of the public.
Notes:
See Subsection 35.42.060.G (Multiple animal types) above.
(2) ;hg;Does not include commercial boarding or raising of animals where such services
are offered to members of the public.
Notes:
(1) See Subsection 35.42.060.G (Multiple animal types) above.
Notes:
(1) See Subsection 35.42.060.G (Multiple animal types) above.
Notes:
(1) See Subsection 35.42.060.G (Multiple animal types) above.
Notes:
See Subsection 35.42.060.G (Multiple animal types) above.
(2) ;hg;Animal husbandry is only allowed in conjunction with equestrian facilities
(see
Table 2-22
).
(3) ;hg;Does not include commercial boarding or raising of animals where such services
are offered to members of the public.
(4) ;hg;Raising and boarding of animals is only allowed for the non-commercial benefit
of residents and owners (see
Table 2-22
).
(5) ;hg;Beekeeping is not allowed in the NTS zone.
35.42.075 - Cannabis Regulations
A.
Purpose and applicability.
1.
Purpose. This Section establishes standards that are designed to protect the public health, safety, and welfare, enact strong and effective regulatory and enforcement controls, as a result of and in compliance with State law, protect neighborhood character, and minimize potential for negative impacts on people, communities, and the environment, by establishing minimum land use requirements for medicinal and adult use cannabis activities including cultivation, processing, distribution, manufacturing, testing, and sales.
2.
Applicability. The standards of this Section shall apply to all commercial cannabis activities as defined in 35.110.020 (Definition of Specialized Terms and Phrases) and as may be permitted in compliance with the approval of the applicable permit identified in the Allowed Cannabis Uses and Permit Requirement by Zone Table in this Section, for the listed zones. Commercial cannabis activities shall only be permitted in the AG-I, AG-II, C-1, C-2, C-3, CS, SC, PI, M-RP, M-1, M-2, MU, CM-LA, OT-R/LC, and OT-R/GC zoning districts in compliance with Article 35.2 (Zones and Allowable Land Uses) and the Allowed Cannabis Uses and Permit Requirement by Zone Tables in this Section. Commercial cannabis activities shall also comply with the following:
a.
All commercial cannabis activities shall comply with the provisions of this Section, as well as all applicable State laws.
b.
Nothing in this Section is intended, nor shall it be construed, to allow persons to engage in conduct that endangers others or causes a public nuisance.
c.
Nothing in this Section is intended, nor shall it be construed, to exempt the cultivation of cannabis from compliance with all other applicable County zoning and land use regulations, as well as other applicable provisions of the County Code, State and local cannabis licensing requirements, or compliance with any applicable State laws.
d.
All persons operating facilities and conducting commercial cannabis activities, as defined in this Section, are subject to possible Federal prosecution, regardless of State licensure. Any land use or other entitlement from the County does not assert or provide any Federal protections.
e.
The provisions of this Section shall not be construed to protect any person from prosecution pursuant to any laws that may prohibit the cultivation, sale, distribution, possession, use of and/or any other activity associated with controlled substances, or to authorize conduct that is unlawful under State or Federal law. Moreover, cultivation, sale, possession, distribution, and use of cannabis remain violations of Federal law as of the date of adoption of the ordinance creating this Section and this Section is not intended to, and does not authorize conduct or acts that violate Federal law and does not protect any person from arrest or prosecution under those Federal laws. Persons engaged in cannabis activities assume any and all risk and any and all liability that may arise or result under State and Federal laws from the cultivation, sale, possession, distribution, use of cannabis and/or any other cannabis activity.
3.
Cannabis activities already are highly regulated by both the state and federal governments, and their regulation of cannabis activities is subject to rapid changes. The Board of Supervisors retains all of its statutory planning and zoning authority concerning cannabis activities. For example, even if the Ordinance (Case No. 17ORD-00000-00004) adding this section becomes operative, the Board of Supervisors still may take action(s) later to change the zoning of cannabis activities to being prohibited. Changing the zoning of cannabis activities to being prohibited, could occur - for example, but is not limited to - if: 1) the County Treasurer is not able to deposit cannabis-related funds in a suitable financial institution; and/or 2) the Board of Supervisors submits a proposed County tax on commercial cannabis activity to the voters and the voters do not approve the tax. In part because cannabis activities are highly regulated by both the state and federal governments and their regulation of cannabis activities is subject to rapid changes, the Board of Supervisors later may need to change the zoning of cannabis activities to being prohibited and may need to do so without cannabis activities receiving: 1) an amortization period; and/or 2) legal nonconforming use status.
B.
Allowed uses and permit requirements.
1.
Permit requirement for commercial cannabis activities.
a.
Commercial cannabis activities may only occur in compliance with the approval of the applicable permit identified in the Allowed Cannabis Uses and Permit Requirement by Zone tables in this section, and in allowable land use tables of Article 35.2 (Zones and Allowable Land Uses). The required permit shall be obtained prior to the commencement of the cannabis activity. All conditions of the permit for the cannabis activity shall be satisfied prior to the commencement of the cannabis activity or as otherwise specified in the conditions of the permit.
b.
In addition to obtaining a permit from the County as required in Subsection a above, permittees of commercial cannabis activities must also obtain and maintain in good status a valid County business license, as required by the County Code, and a valid State cannabis license, as required by the California Business and Professions Code.
2.
Cultivation for personal use allowed. The cultivation of cannabis for personal use is allowed without a land use entitlement, provided that it complies with the following standards:
a.
Only adults 21 years or older may cultivate cannabis for personal use.
b.
Cultivation of cannabis for personal use shall only occur within:
(1)
A legally established, secure dwelling, or
(2)
An enclosed, legally established, secure building that is accessory to a dwelling.
Outdoor cultivation is prohibited.
c.
Possession, storage, and/or cultivation of cannabis shall only be exclusively for the cultivator's personal use, and the cannabis shall not be provided, donated, sold, and/or distributed to any other person, except as allowed by and as described in State law and the Compassionate Use Act for primary caregivers who cultivate medicinal cannabis.
d.
Personal cultivation of cannabis is limited to six plants per legally established dwelling, unless otherwise allowed by State law in the Compassionate Use Act for medicinal cannabis.
e.
The area dedicated to cultivation shall not be located in an area that is designated for a use that is required in order to comply with a regulation of this ordinance (e.g., in a garage if the growing area would occupy required parking spaces for the residential use of the property).
f.
None of the cannabis cultivation or consumption activities shall be detectable (e.g., due to odor or lighting) outside of the dwelling or building in which the activities occur.
3.
Noticing for Commercial Cannabis Activities. Entitlements for commercial cannabis uses and/or development shall be subject to the applicable noticing requirements set forth in Chapter 35.106 (Noticing and Public Hearings), except that a mailed notice regarding a pending action or hearing regarding a commercial cannabis entitlement shall be provided to all owners of property:
a.
Located within a 1,000-foot radius of the exterior boundaries of the subject lot; and
b.
Located within an Existing Developed Rural Neighborhood (EDRN), if the proposed use: is to be located on a lot adjacent to an EDRN; or requires the use of a roadway within an EDRN as the sole means of access to the lot on which commercial cannabis activities will occur.
4.
Permit Requirements for commercial cannabis activities. Table 4-10 through Table 4-13 below identify the commercial cannabis land uses allowed by this Development Code in each zone, and the planning permit required to establish each use.
Key to Zone Symbols
Notes:
(1) See Article 35.11 (Glossary) for land use definitions.
(2) The cannabis operation shall not be located within 750 feet from a school providing instruction in kindergarten or any grades one through 12, day care center, or youth center. The distance specified in this section shall be the horizontal distance measured in a straight line from the property line of the lot on which the sensitive receptor is located to the premise, without regard to intervening structures.
(3) Microbusiness - only allows non-storefront retail.
(4) Nursery operation shall not be located within 600-feet from a school providing instruction in kindergarten or any grades one through 12, day care center, or youth center. The distance specified in this section shall be the horizontal distance measured in a straight line from the property line of the lot on which the sensitive receptor is located to the closest premise of the cannabis activity is to be located, without regard to intervening structures.
(5) Commercial cannabis activities are prohibited on AG-I zoned lots that are equal to, or less than, 20 acres in size.
(6) Commercial cannabis activities are prohibited within Existing Developed Rural Neighborhoods.
Key to Zone Symbols
Notes:
(1) See Article 35.11 (Glossary) for land use definitions.
(2) The cannabis operation shall not be located within 750 feet from a school providing instruction in kindergarten or any grades one through 12, day care center, or youth center. The distance specified in this section shall be the horizontal distance measured in a straight line from the property line of the lot on which the sensitive receptor is located to the premise, without regard to intervening structures.
(3) Commercial cannabis activities are prohibited within Existing Developed Rural Neighborhoods.
Key to Zone Symbols
Notes:
(1) See Article 35.11 (Glossary) for land use definitions.
(2) The cannabis operation shall not be located within 750 feet from a school providing instruction in kindergarten or any grades one through 12, day care center, or youth center. The distance specified in this section shall be the horizontal distance measured in a straight line from the property line of the lot on which the sensitive receptor is located to the premise, without regard to intervening structures.
(3) Commercial cannabis activities are prohibited within Existing Developed Rural Neighborhoods.
Key to Zone Symbols
Notes:
(1) See Article 35.11 (Glossary) for land use definitions.
(2) The cannabis operation shall not be located within 750 feet from a school providing instruction in kindergarten or any grades one through 12, day care center, or youth center. The distance specified in this section shall be the horizontal distance measured in a straight line from the property line of the lot on which the sensitive receptor is located to the premise, without regard to intervening structures.
(3) Commercial cannabis activities are prohibited within Existing Developed Rural Neighborhoods.
Key to Zone Symbols
Notes:
(1) See Article 35.11 (Glossary) for land use definitions.
(2) The cannabis operation shall not be located within 750 feet from a school providing instruction in kindergarten or any grades one through 12, day care center, or youth center. The distance specified in this section shall be the horizontal distance measured in a straight line from the property line of the lot on which the sensitive receptor is located to the premise, without regard to intervening structures.
(3) Nurseries shall not be located within 600-feet from a school providing instruction in kindergarten or any grades one through 12, day care center, or youth center. The distance specified in this section shall be the horizontal distance measured in a straight line from the property line of the lot on which the sensitive receptor is located to the closest point of the nursery premises, without regard to intervening structures.
(4) Commercial cannabis activities are prohibited within Existing Developed Rural Neighborhoods.
Key to Zone Symbols
Notes:
(1) See Article 35.11 (Glossary) for land use definitions.
(2) The cannabis operation shall not be located within 750 feet from a school providing instruction in kindergarten or any grades one through 12, day care center, or youth center. The distance specified in this section shall be the horizontal distance measured in a straight line from the property line of the lot on which the sensitive receptor is located to the premise, without regard to intervening structures.
(3) Commercial cannabis activities are prohibited within Existing Developed Rural Neighborhoods.
5.
Permit requirements for commercial cannabis activities on lots zoned AG-I. Commercial cannabis activities are prohibited on AG-I zoned lots that are equal to, or less than, 20 acres in size.
6.
Commercial cannabis activities are prohibited within Existing Developed Rural Neighborhoods.
7.
Permit requirements for certain commercial cannabis cultivation processing activities on lots zoned AG-I, AG-II, M-RP, M-1, and/or M-2. On lots zoned AG-I, AG-II, M-RP, M-1, and/or M-2, new processing activities—excluding manufacturing—of cannabis shall require approval of a:
a.
Land Use Permit (Section 35.82.110), if the processing activities will be added to existing commercial cannabis cultivation that is subject to an approved Land Use Permit for cannabis cultivation or if it is located in the M-RP, M-1, or M-1 zone district (Section 35.42.075.B.4);
b.
Revised Conditional Use Permit (Section 35.84.040.E), if the processing activities will be added to existing commercial cannabis cultivation that is subject to an approved Conditional Use Permit; or
c.
Conditional Use Permit (Section 35.82.060), if the processing activities are proposed on a project site that is not subject to an approved land use entitlement for cannabis cultivation.
C.
General commercial cannabis activities development standards.
1.
Archaeological and paleontological surveys. When commercial cannabis activities are proposed for lots that have not been subject to prior archaeological or paleontological surveys in accordance with the County's current Cultural Resource Guidelines, the applicant shall provide a Phase 1 cultural resource study documenting the absence or presence of cultural resources in the project area. If current or previously conducted Phase 1 studies indicate that archaeological or other cultural sites are located in the project area, the applicant shall prepare and submit to the Department for review and approval documentation demonstrating that the resources shall be protected in accordance with applicable cultural resource protection policies. All required studies shall be prepared in accordance with the requirements of the most current County of Santa Barbara Cultural Resources Thresholds and Guidelines, and shall be submitted to the Department for review and approval. Impacts to significant cultural resources shall be mitigated to the maximum extent feasible, including the following measures:
a.
In accordance with applicable cultural resource protection policies, cannabis development (e.g., buildings, grading, and trenching for utilities) shall be located in areas on a lot that would avoid impacts to significant archaeological and historic resources to the maximum extent feasible.
b.
As necessary, additional studies (i.e., Phase 1 inventory, Phase 2 significance and impact assessment, and Phase 3 mitigation) shall be conducted at the expense of the applicant.
c.
If significant cultural resources are located within 60 meters (200 feet) of ground disturbing activities, the resource shall be fenced and appropriately protected during grading and construction. For any work conducted within a prehistoric or ethnohistoric period archaeological site, the County shall require monitoring of the site during grading and construction (including abandonment) by an approved archaeologist and Native American observer as applicable.
d.
An educational workshop shall be conducted for construction workers prior to and during construction as the County deems necessary for specific projects.
2.
Fencing and Security Plan. The applicant for a permit to allow outdoor, mixed-light, or nursery cannabis cultivation development shall prepare and submit to the Department for review and approval a Fencing and Security Plan demonstrating ample security and screening of the commercial cannabis activity. The standards of this Section shall be in addition to Section 35.30.070 (Fences and Walls). Where there are conflicts between the standards in this Section and any other applicable standards of this Article, the standards in this Section shall control. The Plan shall be implemented prior to the issuance of final building and/or grading inspection and/or throughout operation of the project, as applicable. The Fencing and Security Plan shall include the following:
a.
The Fencing Plan shall depict typical fencing details, including location, fence type, and height.
b.
All fencing and/or walls shall be made out of material that blends into the surrounding terrain and shall minimize any visual impacts.
c.
Where fencing would separate an agricultural area from undeveloped areas with native vegetation and/or Habitat Management Plan easement area, said fencing shall use material or devices that are not injurious to wildlife and enable wildlife passage.
d.
Prohibited fencing materials include razor wire, tarps, dust guard fencing, privacy netting, or woven or non-woven polyethylene plastic.
e.
The fence shall include lockable gate(s) that are locked at all times, except for during times of active ingress/egress.
f.
No visual markers indicating that cannabis is cultivated on the site shall be visible from offsite.
3.
Landscape Plan and Screening Plan. The applicant for a permit to allow outdoor, indoor, mixed-light, or nursery cannabis cultivation development shall submit a Landscape Plan and Screening Plan to the Department for review and approval, and shall be subject to Design Review if located within the Critical Viewshed Corridor (CVC) Overlay Zone or Design Control (D) Overlay Zone, consistent with the requirements of Section 35.28.070 or 35.28.080. The requirements in this Section shall also apply to the cannabis cultivation as part of a microbusiness. All cultivation shall be screened to the maximum extent feasible to avoid being seen from public places, including, but not limited to, public rights of way, shall comply with Chapter 35.34 (Landscaping Standards), and the standards listed below. The Landscape Plan and Screening Plan shall be implemented prior to the issuance of final building and/or grading inspection and/or throughout operation of the project as applicable. The applicant shall demonstrate to the Department that all aspects of the Landscape Plan and Screening Plan comply with the following requirements:
a.
Said Plan(s) shall include landscaping which, within five years, will reasonably screen the view of any new structure, including greenhouses and agricultural accessory structure, and on-site parking areas from the nearest public road(s).
b.
All landscaping shall be installed prior to initiating the cultivation activities that are subject to the permit for the cultivation activities.
c.
Prior to the issuance of any permits, a performance security, in an amount determined by a landscape architect and approved by the Department, to insure installation and maintenance for two years, shall be filed with the County. Said performance security shall be released upon a written statement from the Department that the landscaping, in accordance with the approved Landscape Plan and Screening Plan, has been installed and maintained for two years.
d.
If, due to site-specific conditions (e.g., slopes), an applicant believes that screening cannot be fully achieved, the applicant shall submit a Landscape Plan and Screening Plan showing the portion(s) that can be screened and written documentation that sets forth the reasons other why portions cannot be screened.
4.
Lighting Plan. The applicant for any commercial cannabis activity involving artificial lighting shall submit a Lighting Plan to the Department for review and approval. The standards of this Section shall be in addition to Section 35.30.120 (Outdoor Lighting), and all other applicable Sections. Where there are conflicts between the standards in this Section and any other applicable standards of this Article, the standards that are most restrictive shall control. The Lighting Plan shall be implemented prior to the issuance of final building inspection and/or throughout operation of the project, as applicable. The Lighting Plan shall include the following:
a.
Plans that identify all lighting on the lot demonstrating that all lighting will comply with the standards set forth in this Section and all applicable Community Plans.
b.
Lighting necessary for security shall consist solely of motion-sensor lights and avoid adverse impacts on properties surrounding the lot on which the cannabis activity is located.
c.
Any outdoor lighting used for the illumination of parking areas and/or loading areas, or for security, shall be fully shielded and directed downward.
d.
Lighting is prohibited in hoop structures.
e.
If, due to site-specific conditions, an applicant believes that a Lighting Plan is not necessary, the applicant shall submit written documentation with the application for the cannabis permit, which sets forth the reasons. The Department shall review the written documentation and determine whether a Lighting Plan must be submitted with the application for the cannabis activity.
5.
Noise Plan. The applicant for indoor, mixed light, and nursery cultivation, and manufacturing (volatile and non-volatile) permits shall prepare and submit to the Department for review and approval a Noise Plan. The Noise Plan shall be implemented prior to the issuance of final building inspection and/or throughout operation of the project, as applicable. The Noise Plan shall demonstrate compliance with the following standards:
a.
Buildings shall be adequately soundproofed so that interior noise shall not exceed 65 decibels beyond the property. The Plan shall identify noise-generating equipment that will be used and the noise level associated with each.
b.
Environmental control systems shall be located and/or shielded to avoid generating noise levels above 65 decibels heard by sensitive receptors, in compliance with the Santa Barbara County Noise Element.
c.
The combined decibel level for all noise sources, as measured at the property line of the lot on which the cannabis activity is located, shall not exceed 65 decibels.
d.
The use of generators for cultivation is prohibited, except for temporary use in the event of a power outage or emergency. The noise produced by a generator shall not be audible by humans from neighboring residences.
6.
Odor Abatement Plan. The applicant for cultivation, nursery, manufacturing (volatile and non-volatile), microbusiness, and/or distribution permits, shall (1) prepare and submit to the Department for review and approval, and (2) implement, an Odor Abatement Plan. No odor abatement plan shall be required in AG-II zoning, unless it is adjacent to an EDRN or Urban Rural boundary or the cultivation area exceeds 51% of the subject lot area (gross). The Odor Abatement Plan must prevent odors from being experienced within residential zones, as determined by the Director. The Odor Abatement Plan shall be implemented prior to the issuance of final building and/or grading inspection and/or throughout operation of the project, as applicable. The Odor Abatement Plan must include the following:
a.
A floor plan, specifying locations of odor-emitting activity(ies) and emissions.
b.
A description of the specific odor-emitting activity(ies) that will occur.
c.
A description of the phases (e.g., frequency and length of each phase) of odor-emitting activity(ies).
d.
A description of all equipment and methods to be used for reducing odors. A Professional Engineer or a Certified Industrial Hygienist must review and certify that the equipment and methods to be used for reducing odors are consistent with accepted and available industry-specific best control technologies and methods designed to mitigate odor.
e.
Approved odor control systems, subject to certification as required in Subsection d. above, may include, but are not limited to:
(1)
Activated carbon filtration systems.
(2)
Vapor-phase systems. Vapor-phase systems must comply with the following:
(a)
The resulting odors must be odor-neutralizing, not odor-masking.
(b)
The technology must not be utilized in excessive amounts to produce a differing scent (such as pine or citrus).
(c)
Use of these systems must have supporting documentation to demonstrate that the systems meet United States Environmental Protection Agency's Acute Exposure Guideline Levels or similar public health threshold.
(3)
Other odor controls systems or project siting practices that demonstrate effectiveness in controlling odors.
f.
Designation of an individual (local contact) who is responsible for responding to odor complaints as follow:
(1)
The local contact shall be available by telephone on a 24-hour basis to respond to calls regarding any odor complaints.
(2)
The applicant shall provide property owners and residents of property located within 1,000-feet of the lot on which the cannabis activity is conducted, the contact information of the local contact responsible for responding to odor complaints. The operator is required to immediately notify the County of any changes to the local contact.
(3)
The operator of the cannabis activity is required to notify the County of any complaints that the operator receives, within 24 hours of receiving the complaint.
(4)
Failure to respond to calls in a timely and appropriate manner may result in revocation of the permit. For purposes of this Subsection, responding in a timely and appropriate manner means that an initial call shall be responded to within one hour of the time the initial call was made, and a corrective action shall commence within two hours of the initial call, if corrective action is required, to address any violation of this Section.
(5)
The operator shall implement a complaint tracking system for all complaints that the operator receives, which includes a method for recording the following information: contact information of the complainant, as well as a description of the location from which the complainant detected the odors; time that the operator received the complaint; description of the complaint; description of the activities occurring on site when the complainant detected the odors; and actions the operator implemented in order to address the odor complaint. The operator shall provide the complaint tracking system records to the Department as part of any Departmental inspections of the cannabis operation and upon the Department's request. The operator shall maintain the complaint tracking records for a minimum of five years.
g.
The applicant shall allow the Department access to the facility at all times, without notice, for the purpose of inspecting odor mitigation practices, odor source(s), and complaint tracking system records.
h.
If the Department receives three verified complaints regarding odor events in any 365-day period, the Permittee shall implement corrective actions to comply with the odor abatement requirements of this Section 35.42.075.C.7. Upon the Department's request, the Permittee shall submit a written statement that sets forth the corrective actions and timing of implementation of each corrective action, subject to the Department's review and approval. The department may require the corrective actions to be re-certified by a Professional Engineer or a Certified Industrial Hygienist. Notwithstanding the requirements of this Section, the Department may take additional enforcement actions pursuant to Chapter 35.108 (Enforcement and Penalties) which may include, but are not limited to, initiating proceedings to revoke the applicable cannabis land use entitlement(s).
7.
Signage. All signs shall comply with Chapter 35.38 (Sign Standards).
8.
Tree Protection, Habitat Protection, and Wildlife Movement Plans. The applicant for any cannabis permit for a site that would involve the removal of native vegetation or other vegetation in an area that has been identified as having a medium to high potential of being occupied by a special-status wildlife species, nesting bird, or a Federal or State-listed special-status plant species, shall prepare and submit to the Department for review and approval a Tree Protection, Habitat Protection, and/or Wildlife Movement Plan in accordance with Appendix H: Cannabis Activities Additional Standards. The Tree Protection, Habitat Protection, and Wildlife Movement Plan shall be implemented prior to the issuance of final building and/or grading inspection and/or throughout operation of the project as applicable.
D.
Specific use development standards. All commercial cannabis activities shall comply with the following development standards specific to the applicable permit type.
1.
Cultivation.
a.
Avoidance of prime soils. All structures for cannabis cultivation operations, including, but not limited to, greenhouses that do not rely on in-ground cultivation, that are located on premises that contain prime soils shall be sited to avoid prime soils to the maximum extent feasible.
Ancillary use facilities shall not be located on prime soils unless the Director determines that an alternative location on nonprime soils does not exist within a reasonable distance of the proposed site.
b.
Cannabis Waste Discharge Requirements General Order. The applicant shall demonstrate compliance with the State Water Resources Control Board's comprehensive Cannabis Cultivation Policy which includes principles and guidelines for cannabis cultivation, including regulations on the use of pesticides, rodenticides, herbicides, insecticides, fungicides, disinfectants, and fertilizers, within the State.
c.
Hoop structure lighting. Lighting shall be prohibited in hoop structures.
d.
M-RP zone requirements. Cultivation shall only occur indoors on a lot zoned M-RP (Industrial Research Park).
e.
Mixed-light cultivation lighting requirements. Lighting due to cannabis activities that are subject to mixed-light cultivation licenses shall not be visible outside of the structure in which the lighting is located between sunset and sunrise.
f.
Public Lands. No cannabis cultivation shall be permitted on public lands.
g.
Post-processing and packaging. Post-processing and packaging of cannabis products shall be considered accessory uses to the cultivation operation(s) when processed on the same lot.
h.
Site Transportation Demand Management Plan. The applicant shall prepare and submit to the Department for review and approval a Site Transportation Demand Management Plan that includes the lot location, total number of employees, hours of operation, lot access and transportation routes, and trip origins and destinations. The Site Transportation Demand Management Plan shall be implemented prior to the issuance of final building and/or grading inspection and/or throughout operation of the project, as applicable. The Site Transportation Demand Management Plan shall include at least one of the following methods to reduce vehicle trips generated by the cultivation operation:
(1)
Provide for carpool/shuttle/mini bus service for employees, especially during harvesting periods, on cultivation lots.
(2)
Provide shared parking areas for ridesharing on large and/or rural lots.
(3)
Provide bicycle storage/parking facilities.
(4)
Provide incentives to employees to rideshare or take public transportation.
(5)
Implement compressed or flexible work schedules to reduce the number of days per week that employees are needed.
i.
Water efficiency for commercial cannabis activities. To the maximum extent feasible, and to the Director's satisfaction, water-conserving features shall be included in the design of proposed cannabis cultivation. These features may include, but are not limited to:
(1)
Evaporative barriers on exposed soils and pots.
(2)
Rainwater capture and reuse.
(3)
Recirculated irrigation water (zero waste).
(4)
Timed drip irrigation.
(5)
Soil moisture monitors.
(6)
Use of recycled water.
j.
On lots zoned AG-I, outdoor cultivation shall not be located within 1,500 feet of a residential zone and/or a school providing instruction in kindergarten or any grades one through 12, day care center, or youth center.
k.
Outdoor cannabis cultivation areas shall be setback a minimum of 50-feet from all lot lines.
l.
Limitations on cannabis harvesting activities. In order to minimize cannabis odors, the drying, curing, and/or trimming of harvested cannabis shall either (1) be located within an enclosed structure which utilizes best available control technology, or (2) include techniques and/or equipment (e.g., the use of freeze drying techniques/equipment and immediate packaging of harvested cannabis in the field) that shall achieve an equivalent or greater level of odor control as could be achieved using an enclosed structure which utilizes best available control technology.
2.
Distribution.
a.
Cultivation limits. Distribution on a lot zoned AG-I or AG-II shall only be allowed as an accessory use to cannabis cultivation and shall comply with the following requirements:
(1)
A minimum of 10% of the cannabis product distributed shall be sourced from cannabis plant material cultivated on the same lot on which the distribution activities will occur.
(2)
Distribution shall be subordinate and incidental to the cultivation use of the lot, and the area designated for distribution shall occupy a smaller footprint than the area that is designated for cultivation on the lot.
3.
Manufacturing.
a.
Cultivation limits. Manufacturing (volatile and non-volatile) on a lot zoned AG-I or AG-II shall only be allowed as an accessory use to cannabis cultivation and shall comply with the following requirements:
(1)
A minimum of 10% of the cannabis product manufactured shall be sourced from cannabis plant material cultivated on the same lot on which the manufacturing activities will occur.
(2)
Manufacturing shall be subordinate and incidental to the cultivation use of the lot, and the area designated for manufacturing shall occupy a smaller footprint than the area that is designated for cultivation on the lot.
b.
Home Occupation. No cannabis manufacturing shall be permitted as a Home Occupation including Cottage Food Operations and In-home Retail Sales in accordance with Section 35.42.190 (Home Occupations).
c.
Volatile Manufacturing Employee Training Plan. The applicant shall prepare and submit to the Department for review and approval a Volatile Manufacturing Employee Training Plan. The Volatile Manufacturing Employee Training Plan shall be implemented prior to the issuance of final building inspection and/or throughout operation of the project, as applicable. The Volatile Manufacturing Employee Training Plan shall include, at a minimum, the following elements:
(1)
Training employees on the proper use of equipment and on the proper hazard response protocols in the event of equipment failure.
(2)
A log, identifying trained employees and the date upon which training was completed. The operator shall maintain the Employee Training Log for a minimum of five years.
d.
Outdoor manufacturing prohibited. All odor-generating manufacturing activities shall be prohibited outdoors and shall be located within an enclosed structure which utilizes best available control technology to minimize cannabis odors.
4.
Microbusiness. Microbusinesses shall only include delivery retail in the AG-II zone in compliance with the permit requirement identified in Chapter 35.21 (Agricultural Zones). No retail sales shall occur on the lot on which the microbusiness exists, in AG-II zones.
5.
Retail.
a.
No cannabis consumption, including, but not limited to, smoking, vaporizing or ingesting, shall be permitted on the premises of a retailer or microbusiness.
E.
Records. Permittees of commercial cannabis activities shall maintain clear and adequate records and documentation, in accordance with State law, the State's track-and-trace program, and as required by this Section, demonstrating that all cannabis or cannabis products have been obtained from, and are provided to, other permitted and licensed cannabis operations. All records, unless otherwise specified in this Section, shall be maintained for 5 years and shall be subject to review, inspection, examination, and audit by the Department.
F.
Inspection. All permitted commercial cannabis activities are subject to review and inspection from law enforcement or any agents of the State or County charged with enforcement of this Article.
G.
Land use entitlement compliance. Following issuance of the land use entitlement for the cannabis activity, all commercial cannabis activities that are subject to a land use entitlement shall be subject to County inspection to determine compliance with the land use entitlement requirements, this Ordinance, County Code, and State law.
H.
Revocation. Any entitlement to allow commercial cannabis activities may be revoked in compliance with Section 35.84.60 (Revocation of Entitlement to Land Use).
(Ord. No. 5161, §§ 1—5, 8-16-2022; Ord. No. 5192, § 20, 11-7-2023)
35.42.080 - Caretaker or Employee Housing
A.
Purpose and applicability. This Section provides standards for caretaker or employee housing, not including agricultural employee dwellings (see Section 35.42.030 (Agricultural Employee Dwellings)) where allowed in compliance with Article 35.2 (Zones and Allowable Land Uses).
B.
Development standards. Caretaker or employee housing shall be occupied by the owner, manager or caretaker of the lot who oversees or operates the principal use of the property or provides security (e.g., night watchmen).
35.42.090 - Community Care Facilities
A.
Purpose and applicability. This Section establishes standards for community care facilities where allowed in compliance with Article 35.2 (Zones and Allowable Land Uses). Community care facilities shall be operated in compliance with State law and in a manner that recognizes the needs of community care operators and minimizes the effects on surrounding properties. Licensing by the appropriate State agency is required for community care facilities unless they are able to operate legally without a license in compliance with State law.
B.
Family day care home. Large and small family day care home.
1.
Allowable uses and permit requirements, for day care home serving adults. Large and small family day care homes, serving adults shall be allowed in compliance with Article 35.2 (Zones and Allowable Land Uses).
a.
The use of a family day care home shall be incidental and secondary to the use of the property for residential purposes and must be located in the day care provider's current residence.
2.
Allowable uses and permit requirements, for day care home serving children. Small and large family day care homes, serving children shall be considered a residential use unless otherwise preempted by State Law, and exempt from permit requirements in compliance with Article 35.2 (Zones and Allowable Land Uses).
3.
Standards. Large family day care homes shall also comply with the following standards in addition to the standards of Subsection B.2, above:
a.
During the operation of the family day care home, the provider shall have a valid license or a statement of exemption from licensing requirements from the California State Department of Social Services if such license or exemption is required in compliance with Health and Safety Code Section 1597.44.
C.
Day care centers.
1.
Allowable uses and permit requirements, for adult day care centers. A day care center where group care is provided in a dwelling for fifteen (15) or more adults, may be allowed in compliance with Article 35.2 (Zones and Allowable Land Uses).
2.
Allowable uses and permit requirements, for child day care centers. A day care center where group care is provided in a dwelling for fifteen (15) or more children, may be allowed in compliance with Article 35.2 (Zones and Allowable Land Uses).
a.
Day care center, accessory use to dwelling. A day care center where group care is provided in a dwelling for fifteen (15) or more children, including children who reside at the home, as an accessory use to the principal use of a lot as a dwelling may be allowed in compliance with Section 35.82.060 (Conditional Use Permits and Minor Conditional Use Permits).
b.
Day care center, accessory use to non-dwelling. A day care center that is accessory to a non-residential principal assembly use (e.g., school, church, and/or office) may be allowed in compliance with the following specifications:
(1)
Day care centers serving up to and including fifty (50) children may be allowed with a Land Use Permit in compliance with Section 35.82.110 (Land Use Permits). If the existing non-dwelling principal assembly use is subject to a Minor Conditional Use Permit, a revision to the existing Minor Conditional Use Permit is not required to allow the day care center serving up to and including fifty (50) children.
(2)
Day care centers serving fifty-one (51) or more children may be allowed with a Minor Conditional Use Permit in compliance with Section 35.82.060 (Conditional Use Permits and Minor Conditional Use Permits), or revision to the existing Minor Conditional Use Permit for the principal use of the lot, in compliance with Section 35.82.060 (Conditional Use Permits and Minor Conditional Use Permits), if applicable.
c.
Day care center, principal use. A day care center where group care is the principal use of a lot may be allowed in compliance with Article 35.2 (Zones and Allowable Land Uses).
(1)
Day care centers serving up to and including fifty (50) children may be allowed with a Land Use Permit in compliance with Section 35.82.110 (Land Use Permits).
(2)
Day care centers serving fifty-one (51) or more children may be allowed with a Minor Conditional Use Permit in compliance with Section 35.82.060 (Conditional Use Permits and Minor Conditional Use Permits).
3.
Standards.
a.
Day care centers shall comply with the Parking and Loading Standards in Chapter 35.36 (Parking and Loading Standards).
D.
Special care homes.
1.
In general.
a.
Special care homes are residential care facilities (including group homes) licensed by the State that provide non-medical care on a 24-hour basis to persons who require special care or services including assistance with daily living activities.
(1)
A special care home may provide incidental medical services such as the giving of medication that can normally be self-administered.
b.
The requirements of this Development Code may be modified in compliance with Chapter 35.37 (Reasonable Accommodation) if necessary to comply with the Federal Fair Housing Act and the California Fair Employment and Housing Act relating to accommodations for persons with disabilities including allowances for structural installations that are necessary to accommodate disabled residents (e.g., handrails, lifts, ramps).
c.
During the operation of the special care home the provider shall have a valid license or a statement of exemption from licensing requirements from the California State Department of Social Services in compliance with State law.
2.
Special care homes serving six or fewer persons. For the purposes of this Subsection D.2, the term family dwelling includes single-family dwellings, units in multifamily dwellings, including units in duplexes and units in apartment dwellings, mobilehomes, including mobilehomes located in mobilehome parks, units in cooperatives, units in condominiums, units in townhouses, and units in planned unit developments.
a.
Considered a residential use. In compliance with California Health and Safety Code Section 1566.3, a special care home licensed by the State that serve six or fewer persons shall be considered a residential use of property, and the residents and operators of the facility shall be considered a family as this term is used in this Development Code in relation to the residential use of property.
b.
Allowable restrictions.
(1)
Restrictions on structure height, setbacks, lot dimensions or placement of signs of a special care home that serves six or fewer persons may be applied as long as such restrictions are identical to those applied to other family dwellings of the same type in the same zone.
(2)
A special care home shall that serves six or fewer persons shall comply with County ordinances that deal with health and safety, building standards, environmental impact standards, or any other matter within the jurisdiction of the County including the imposition of fines and other penalties associated with violations of local ordinances if the ordinance:
(a)
Does not distinguish special care homes that serve six or fewer persons from other family dwellings of the same type in the same zone; and,
(b)
Does not distinguish residents of the special care home from persons who reside in other family dwellings of the same type in the same zone.
c.
Considered a dwelling. Special care homes that serve six or fewer persons are considered a dwelling and shall be allowed in compliance with Article 35.2 (Zones and Allowable Land Uses). Such facilities shall not be included within the definition of a boarding house, rooming house, institution or home for the care of minors, the aged, or persons with mental health disorders, foster care home, guest home, rest home, community residence, or other similar term that implies that the facility is a business run for profit or differs in any other way from a family dwelling.
d.
Fees. Such facilities shall not be subject to any business taxes, local registration fees, use permit fees, or other fees to which other dwellings of the same type in the same zone are not likewise subject.
e.
Not a change in occupancy. Use of a family dwelling for purposes of a special care home serving six or fewer persons shall not constitute a change of occupancy for purposes local building codes.
f.
Processing.
(1)
Special care homes that serves six or fewer persons shall be considered a residential use and may be allowed in compliance with Article 35.2 (Zones and Allowable Land Uses). No Conditional Use Permit, Variance, or planning permit shall be required of a special care home that serve six or fewer persons that is not required of a dwelling of the same type in the same zone.
(2)
If required, notice of the application and pending decision on a permit for a special care home shall be given in compliance with Chapter 35.106 (Noticing and Public Hearings).
(3)
When a special care home serving six or fewer persons is proposed to be located in a zone where the residential use requires a Conditional Use Permit, an additional Conditional Use Permit is not required for the special care home if the residential use has obtained the necessary Conditional Use Permit in compliance with Section 35.82.060 (Conditional Use Permits and Minor Conditional Use Permits).
3.
Special care homes serving seven or more persons.
a.
Minor Conditional Use Permit required. A special care home serving seven or more persons shall be required to obtain a Minor Conditional Use Permit in compliance with Section 35.82.060 (Conditional Use Permits and Minor Conditional Use Permits) and Article 35.2 (Zones and Allowable Land Uses) prior to the operation of the special care home.
b.
Development standards.
(1)
There shall be only a single kitchen.
(2)
Off-street parking shall be provided in compliance with Chapter 35.36 (Parking and Loading Standards).
(Ord. No. 5167, § 13, 11-29-2022; Ord. No. 5202, § 13, 2-13-2024)
35.42.100 - Composting Facilities
A.
Purpose and applicability.
1.
This Section provides standards for the operation of composting facilities, where allowed in compliance with Article 35.2 (Zones and Allowable Land Uses), and in compliance with Subsection C (Specific allowable uses and development standards for the AG-II zone), below.
2.
The standards and procedures of this Section shall not apply to composting associated with cannabis projects, allowed in compliance with Section 35.42.075 (Cannabis Regulations), or wineries, allowed in compliance with Section 35.42.280 (Wineries), which are regulated separately.
B.
Standards. Composting facilities may include the use of off-premises generated feedstock and the on-premises commercial sale of the resultant compost products, subject to, at a minimum, the following standards:
1.
Applicable State law. The facility shall at all times comply with the applicable requirements of California Code of Regulations, Title 14, Division 7.
2.
Structure for sale of composting product. If a structure is required for the sale of a product, the sale shall be conducted either within an existing accessory structure or from a single, separate stand not to exceed 600 square feet of sales and storage area.
3.
Parking. A minimum of two permanently maintained onsite parking spaces shall be provided which shall not be located closer than 20 feet to the right-of-way line of any street.
4.
Permit requirements. All other permits required by County Departments for a facility, except those permits required by the Division of Building and Safety, shall be obtained before approval of a Land Use Permit.
5.
Reporting requirements. Tonnage reports showing the amount of materials used in the composting operation shall be provided to the Department of Public Works, Solid Waste Division, and the Public Health Department, Environmental Health Services Division, on a quarterly basis.
6.
Signs. Signs accessory to the composing facility shall comply with Chapter 35.38 (Sign Standards).
C.
Specific allowable uses and development standards for the AG-II zone.
1.
Purpose and intent. This Subsection lists the composting operations and facilities that may be allowed on lands zoned AG-II, determines the type of planning permit required for each type of composting operation, and provides development standards related to the intensity of use of the proposed operation or facility. The intent is to provide for flexibility in the development of composting operations or facilities that are accessory to and supportive of commercial agriculture while promoting orderly development of these facilities, and to ensure their compatibility with surrounding land uses in order to protect the public health and safety, while preventing impacts to natural, cultural, and visual resources.
2.
Definitions. For the purposes of this section "green material," "agricultural material," "food material," and "vegetative food material" shall have the same meaning as defined in the California Code of Regulations 14 CCR Section 17852.
3.
Permit requirements.
a.
Exempt. A composting facility may be exempt from the requirements to obtain a permit in compliance with Section 35.20.040 (Exemptions from Planning Permit Requirements) provided the composting facility complies with Subsection 4 (Development standards for composting for the AG-II zone), below, and the following:
(1)
Small General Composting.
(a)
The feedstock may be any combination of green material, agricultural material, food material, and vegetative food material.
(b)
The maximum amount of feedstock and compost, alone or in combination, on the premises at any one time shall not exceed 100 cubic yards in volume and 750 square feet in area.
(c)
The composting operation may sell or give away any or all compost they produce.
(d)
The operation does not propose the construction of any new structure(s) or additions to existing structures that would require a planning permit.
(2)
Agricultural Material Composting.
(a)
Feedstock to be used in the operation shall be limited to agricultural materials derived from the agricultural premises on which the composting operation is located and returned to the same premises or another agricultural site owned or leased by the same owner, parent, or subsidiary.
(b)
No more than 1,000 cubic yards of compost may be sold or given away annually.
(3)
The landowner may conduct both a Small General Composting operation and an Agricultural Material Composting operation at the same time if they are separated clearly (spatially or otherwise) so that feedstock, resources, compost, and operations are not comingled.
(4)
Agricultural use required. The primary land use of the premises shall be the production of one or more agricultural commodities for commercial purposes.
b.
Zoning Clearance. A composting facility may be allowed with a Zoning Clearance issued in compliance with Section 35.82.210 (Zoning Clearances) provided the composting facility complies with Subsection 4 (Development standards for composting for the AG-II zone), below, and the following:
(1)
Small General Composting.
(a)
The feedstock may be any combination of green material, agricultural material, and vegetative food material.
(b)
The maximum amount of feedstock and compost, alone or in combination, on the premises at any one time shall not exceed 1,000 cubic yards.
(c)
The composting operation may sell or give away any or all compost they produce.
(2)
Agricultural Material Composting.
(a)
Feedstock to be used in the operation shall be limited to agricultural materials and green materials.
(b)
The composting operation may handle an unlimited quantity of agricultural material and green material on the premises.
(c)
The composting operation may sell or give away any or all compost they produce.
(3)
The landowner may conduct both a Small General Composting operation and an Agricultural Material Composting operation at the same time if they are separated clearly (spatially or otherwise) so that feedstock, resources, compost, and operations are not comingled.
(4)
Agricultural use required. The primary land use of the premises shall be the production of one or more agricultural commodities for commercial purposes.
c.
Conditional Use Permit.
(1)
On lands zoned with the Limited Agricultural Enterprise (LAE) overlay zone (Section 35.28.155) small general composting and agricultural material composting in compliance with Subsection 35.42.100.C.3.a or Subsection 35.42.100.C.3.b above may be allowed with a Minor Conditional Use Permit approved in compliance Section 35.82.060 (Conditional Use Permits and Minor Conditional Use Permits) and Subsection 4 (Development standards for composting for the AG-II zone), below.
(2)
Larger composting facilities, and other composting operations that include food material, vegetative food material, and other feedstock materials may be allowed with a Minor Conditional Use Permit approved in compliance Section 35.82.060 (Conditional Use Permits and Minor Conditional Use Permits).
4.
Development standards for composting for the AG-II zone. In addition to all other applicable provisions of this Development Code, a composting operation allowed by this Subsection C shall comply with the development standards below.
a.
Applicable State law. The facility shall at all times comply with the applicable requirements of California Code of Regulations, Title 14, Division 7.
b.
Structure for sale of composting product. If a structure is required for the sale of a product, the sale shall be conducted either within an existing accessory structure or from a single, separate stand not to exceed 600 square feet of sales and storage area.
c.
Parking. A minimum of two permanently maintained onsite parking spaces shall be provided for a nonexempt composting operation, which shall be located not closer than 20 feet to the right-of-way line of any street.
d.
Permit requirements.
(1)
All other permits required by County Departments for an exempt composting operation shall be obtained prior to commencement of the exempt composting operation.
(2)
All other permits required by County Departments for a nonexempt composting operation, except those permits required by the Division of Building and Safety, shall be obtained prior to issuance of a Zoning Clearance.
e.
Reporting requirements. Tonnage reports showing the amount of materials used in the composting operation shall be provided to the Department of Public Works, Solid Waste Division, and the Public Health Department, Environmental Health Services Division, on a quarterly basis.
f.
Compost piles shall not exceed 12 feet in height.
g.
Setbacks from adjacent premises. Composting operations shall comply with the following setbacks.
(1)
A minimum 100-foot setback from the lot line of the agricultural premises on which the composting operation is located.
(2)
All composting facilities shall be located no closer than 400 feet from a residence that is located on an adjacent property that is not a part of the agricultural enterprise premises.
(3)
Setbacks from adjacent commercial farming operations. The following setbacks shall apply to commercial farming operations located on adjacent premises when the agricultural commodity has been in commercial cultivation (tilled for agricultural use and planted with a crop). For the purpose of this setback, an adjacent commercial farming operation may touch at a point or share a common boundary with the composting premises, or may be separated by an intervening road or street (excluding a four-lane highway), railroad right-of-way or other public facility.
(a)
A minimum 1,000 feet from the lot line of the agricultural premises on which the composting operation is located when a commercial food crop farming operation is located on the adjacent agricultural premises, or a minimum 400 feet from the lot line of the agricultural premises on which the composting operation is located when a commercial orchard or vineyard farming operation is located on the adjacent premises. For the setback to apply, the adjacent food crop, orchard, or vineyard farming operation must comply with all of the following:
(i)
Be part of a commercial farming operation where the primary land use of the premises shall be the production of one or more agricultural commodities for commercial purposes.
(ii)
Have a minimum of 10 acres of food crops, orchards, or vineyards planted (with allowances for fallow periods, change of crop or production method) or a demonstrated planting history of a minimum of 10 acres of food crops, orchards, or vineyards planted within at least three of the previous 10 years. For the purpose of this setback, the previous 10 years shall be measured from the commencement of the exempt composting operation or from application submittal for the composting operation that requires a permit.
(b)
Adjustments. As part of a permit to be reviewed and approved by the Department, the setbacks from adjacent commercial farming operations in Subsection (3)(a) above may be adjusted downward in the following circumstances:
(i)
Where intervening topography, roads, protected habitats, or other geographic features preclude cultivation of food crops, orchards, or vineyards on the adjacent agricultural premises within 1,000 feet (for food crops) or 400 feet (for orchards or vineyards) of the common lot line. The setback reduction shall be commensurate with the width of the land that cannot be cultivated.
(ii)
Where the commercial cultivation on the adjacent agricultural premises does not occur in close proximity to the common lot line, the setback may be adjusted downward provided at least 1,000 feet (for food crops) or 400 feet (for orchards or vineyards) is maintained between the composting facilities or activities and the food crop, orchard, or vineyard.
(iii)
Where the composting operation is separated from an adjacent commercial farming operation by a four-lane highway, the setback from commercial farming operations shall not apply.
In determining whether the criteria for a setback adjustment from adjacent commercial farming operations has been met, the Department may consider any mutual agreement between the applicant and the adjacent premises owner regarding the need for setbacks from the adjacent commercial farming operations.
h.
The operator of the composting operation shall maintain and follow an odor abatement plan in compliance with Santa Barbara County Air Pollution Control District recommendations.
i.
The composting operation shall comply with waste discharge and water quality protection measures pursuant to the General Waste Discharge Requirements for Commercial Composting Operations, Order WQ 2020-0012-DWQ, issued by the State Water Resources Control Board, where applicable.
j.
Fire Protection Plan. Prior to the commencement of an exempt composting use allowed in compliance with this Section 35.42.100, or prior to the issuance of a Zoning Clearance, or approval of a Minor Conditional Use Permit for a composting use, the applicant shall submit a Fire Protection Plan to the County Fire Department for review, approval, and applicable permitting in compliance with Chapter 15 (Fire Prevention) of the County Code. The Fire Protection Plan shall identify, as applicable to the specific use(s), potential ignition sources, measures intended to reduce the potential for wildfire, firefighting infrastructure (e.g., all weather access, water sources, fire extinguishers), emergency ingress and egress, emergency evacuation routes, and shelter locations in the event of wildfire, and any additional information required by the County Fire Department. The Fire Protection Plan shall be updated and resubmitted, as necessary, should there be any changes to the conditions on the site (such as increased intensity of use, change of use, or additional uses). The County Fire Department shall retain the ability to modify the conditions in the Fire Protection Plan to address any safety issues that may arise.
k.
Setbacks from Sensitive Habitats.
(1)
Composting facilities and related development, including new buildings and structures, parking, grading, and ground-disturbing activities in support of the composting operation, shall be located a minimum of 100 feet from the edge of the following sensitive habitats:
(a)
Streams and creeks, i.e., riparian habitat, or if riparian habitat is not present, from the top-of-bank of the stream or creek.
(b)
Wetlands.
(c)
Vernal pools.
(d)
Native woodlands and forests.
(e)
Native shrub lands (e.g., chaparral and coastal sage scrub).
(f)
Native grasslands.
(g)
Environmentally Sensitive Habitats as designated by a community plan. If this setback conflicts with a setback designated by a community plan, the setback most protective of the biological resource shall apply.
(2)
The habitat boundary and 100-foot setback shall be depicted on all plans submitted to the Department.
(3)
Projects located within or near critical habitat for rare, endangered or threatened species listed by State or federal agencies under the California Endangered Species Act or federal Endangered Species Act, or within plant communities known to contain rare, endangered, or threatened species, shall consult with the appropriate State or federal agency prior to commencing and exempt use, prior to issuance of a Zoning Clearance, or prior to approval of a Land Use Permit or Conditional Use Permit, as applicable.
l.
Oak Tree and other Native Tree Protection. Composting facilities and related development, including, parking, grading, and ground-disturbing activities in support of the composting operation, shall be located at least six feet outside the canopy dripline of oak trees and other native trees species. If a permit is required, applicants proposing to encroach within this setback shall be required to submit an arborist report and if applicable, a tree protection and replacement plan to the Department for review and approval.
m.
Fencing for Wildlife Movement. If fencing is required for composting operations, the fencing shall be designed in compliance with the following standards to allow for the safe passage of wildlife.
(1)
Fences and gates shall be wildlife-permeable.
(2)
The distance between the bottom wire or rung and the ground surface shall be a minimum of 18 inches.
(3)
Fencing materials may include the use of rails, smooth wire, and similar materials. Barbed wire shall not be used for composting operations unless necessary to separate livestock operations from the use.
n.
Lighting. Lighting accessory to a composting operation shall comply with Section 35.30.120 (Outdoor Lighting).
o.
Signs. Signs accessory to the composing facility shall comply with Chapter 35.38 (Sign Standards).
p.
The composting operation shall not include a new at-grade crossing of Highway 101 or State highway.
q.
Critical Viewshed Corridor Overlay. Composting operations within the Gaviota Coast Plan area shall comply with Section 35.28.070 (Critical Viewshed Corridor (CVC) overlay zone), if applicable.
(Ord. No. 5226, § 10, 12-10-2024)
35.42.110 - Conference Centers
A.
Purpose and applicability. This Section provides standards for conference centers where allowed in compliance with Article 35.2 (Zones and Allowable Land Uses).
B.
Conference centers.
1.
Prohibited uses. A conference center shall not be used for sales promotional groups or for groups assembled primarily for social purposes.
2.
Time limits. Conference centers may be used by persons assembled for periods of time not to exceed 60 days. The 60-day limitation may be extended in special circumstances by the Board on recommendation by the Commission.
35.42.120 - Crematoriums, Funeral Homes, and Mortuaries
A.
Purpose and applicability. This Section provides standards for the operation of crematoriums, funeral homes, and mortuaries, where allowed in compliance with Article 35.2 (Zones and Allowable Land Uses).
B.
Locations where allowed. Crematoriums, funeral homes, and mortuaries may be allowed in the following locations subject to the approval of a Conditional Use Permit in compliance with Section 35.82.060 (Conditional Use Permits and Minor Conditional Use Permits):
1.
Within cemeteries operating under a valid use permit;
2.
On any lot abutting a cemetery; or
3.
On property zoned commercial or industrial.
C.
Architectural design. The architectural design of structures shall be compatible with neighboring residential structures.
D.
Signs. Signs may be allowed in compliance with Chapter 35.38 (Sign Standards) and shall be unobtrusive.
E.
Parking. Adequate off-street parking area shall be provided for funeral procession assembly areas.
35.42.130 - Drive-through Facilities
A.
Purpose and applicability. This Section provides standards for the operation of drive through facilities, where allowed in compliance with Article 35.2 (Zones and Allowable Land Uses).
B.
Standards.
1.
The drive through facility shall be accessory to a permitted use where allowed in compliance with Article 35.2 (Zones and Allowable Land Uses).
2.
A drive through facility shall have no greater adverse impact upon air quality than the same use without the drive through facility.
35.42.131 - Emergency Shelters
A.
Purpose and intent. The purpose of this Section is to establish objective development standards for emergency shelters in compliance with California Government Code Section 65583(a)(4)(B) (Assembly Bill 2339, January 1, 2023), or successor statute.
B.
Applicability. An emergency shelter may be approved on a lot in compliance with Table 2-12 (Allowed Land Uses and Permit Requirements for Commercial Zones), Table 2-13 (Allowed Land Uses and Permit Requirements for Commercial Zones), and Table 2-19 (Allowed Land Uses and Permit Requirements for Industrial Zones).
C.
Application and processing requirements. The following application and processing requirements shall apply to applications for emergency shelters:
1.
Permit required. Prior to the development of a new building or use of an existing building as an emergency shelter, an applicant shall submit an application for a Land Use Permit or a Minor Conditional Use Permit in compliance with Section 35.80.030 (Application Preparation and Filing) and obtain a Land Use Permit in compliance with Section 35.82.110 (Land Use Permits) or a Minor Conditional Use Permit in compliance with Section 35.82.060 (Conditional Use Permits and Minor Conditional Use Permits).
2.
Conflicts with other Sections of this Development Code. Where there are conflicts between the standards in this Section 35.42.131 (Emergency Shelters) and other requirements of this Development Code, the provisions of this Section shall prevail.
D.
Development standards. In addition to all objective policies and objective development standards that apply to residential uses in the applicable zones, emergency shelters shall comply with all of the following objective development standards:
1.
Parking. Parking to accommodate clients and all employees working in the emergency shelter shall be provided onsite in compliance with Table 3-5 of Section 35.36.050 (Required Number of Spaces: Residential Uses).
2.
Waiting and client intake areas. An emergency shelter shall include an interior or exterior waiting and client intake area that is screened from public view.
3.
Onsite employee and emergency contact person. A minimum of one (1) employee shall be on the premises during hours that the emergency shelter is in operation. A 24-hour emergency contact person shall also be designated for the shelter.
4.
Proximity to other emergency shelters. An emergency shelter shall not be located within 300 feet of another emergency shelter as measured from closest lot line to closest lot line.
5.
Security. An emergency shelter shall have security during hours that the emergency shelter is in operation.
(Ord. No. 5259, § 2, 6-24-2025)
35.42.134 - Farmstays
A.
Purpose and intent. This Section establishes standards for the siting and development of a farmstay where allowed by Article 35.2 (Zones and Allowable Land Uses). The intent of this section is to: (1) ensure that farmstays are incidental and supportive of the primary agricultural use of the land; and (2) protect, promote, and enhance commercial agricultural operations by providing agriculturalists and their families an opportunity to conduct a rural agricultural use to support their farms and/or ranches. See Section 35.28.155 (Limited Agricultural Enterprise (LAE) Overlay Zone) and Subsection 35.42.134.C.2 below for additional permit requirements and limitations on lands zoned with the LAE overlay zone.
B.
Applicability.
1.
Premises. The farmstay shall be located on an agricultural premises of 40 acres or greater and the entire premises is located in the AG-II zone.
a.
Only one farmstay operation may be allowed on a premises.
2.
Agricultural use required. The primary land use of the premises shall be the production of one or more agricultural commodities for commercial purposes.
3.
Existing Principal Dwelling Requirement. The farmstay premises shall contain an existing principal dwelling at the time an application for a farmstay is submitted, or the application for the farmstay shall be in conjunction with the principal dwelling. The farmstay shall not be occupied before occupation of the principal dwelling.
4.
Owner and Operator. The farmstay is a transient occupancy lodging establishment where the predominant relationship between the occupants thereof and the owner or operator of the farmstay is that of guest and innkeeper. The premises owner (or the major shareholder, officer, partner, or beneficiary of a corporate or trust owner), an employee of the premises owner, or individual or entity under contract with the premises owner, must operate the farmstay.
a.
The premises owner (or the major shareholder, officer, partner, or beneficiary of a corporate or trust owner), employee thereof, or designated person under contract with the premises owner shall reside on the premises at the same time as the transient occupant(s) of the farmstay.
5.
Prohibited structures. Farmstays shall not be allowed in:
a.
Any dwelling subject to agreements, conditions, or covenants entered into with the County restricting their use including, but not limited to, affordable housing units, agricultural employee housing, and farmworker housing.
b.
Any structure or space that may not be legally used for dwelling or overnight accommodations including, but not limited to, tents, park trailers not on permanent foundations, vehicles, and yurts.
c.
Accessory dwelling units and junior accessory dwelling units.
C.
Permit requirements. A farmstay operation may be allowed provided the operation complies with the following permit requirements:
1.
Zoning Clearance. A farmstay operation may be allowed with a Zoning Clearance issued in compliance with Section 35.82.210 (Zoning Clearances) provided the operation is not located within the Limited Agricultural Enterprise (LAE) overlay zone and the operation complies with the following permit requirements:
a.
The farmstay accommodations shall be sited within the existing principal dwelling; conversion of existing permitted buildings or structures that are not otherwise prohibited under Subsection 35.42.134.B.5 above; new structures (e.g., guest cottages); and park trailers on permanent foundations, or any combination thereof.
b.
Except as provided in Subsection (1) below, farmstay accommodations and operations shall be sited in clustered proximity to the principal dwelling, or winery structural development (if applicable), and existing infrastructure within a single contiguous area not to exceed two acres in area. The development area shall include the principal dwelling unit, winery structural development (if applicable), farmstay related structures, outdoor use areas, and infrastructure (e.g., parking, driveways, fencing, onsite wastewater systems). Roads used for agricultural purposes are not included in the development area.
(1)
All or a portion of the farmstay accommodations may be allowed on the premises in one remote farmstay development area (i.e., not in clustered proximity to the principal dwelling), not to exceed one contiguous acre. The remote farmstay development area shall include the farmstay accommodations, and associated outdoor use areas and infrastructure (e.g., parking, driveways, picnic area, fencing, onsite wastewater treatment system). Roads used for agricultural purposes are not included in the remote farmstay development area.
c.
Farmstay accommodations and operations shall be sited and designed to:
(1)
Maintain the long-term agricultural productivity and capability of the agricultural resources and operations of the subject premises and adjacent agricultural areas.
(2)
Take maximum advantage of existing roads and infrastructure.
(3)
Be in character with the rural setting and not result in any significant adverse impacts to visual resources.
(4)
Avoid biological resources, including environmentally sensitive habitat (ESH) and ESH buffers, and preserve natural landforms and native vegetation to the maximum extent feasible.
d.
Where a farmstay will be conducted within a dwelling that relies on a private onsite wastewater treatment system, written clearance from the Public Health Department shall be required prior to issuance of the Zoning Clearance.
e.
The operation shall comply with all standards in Subsection 35.42.134.D (Development standards), below.
f.
The Permittee shall establish, manage, and/or operate the farmstay in compliance with all permit conditions prior to and throughout operation of a farmstay.
g.
The maximum number of registered guests that can be accommodated shall be 15 per night and they shall be accommodated in no more than six guest rooms.
2.
Conditional Use Permit.
a.
A farmstay operation may be allowed with a Minor Conditional Use Permit issued in compliance with Section 35.82.060 (Conditional Use Permits and Minor Conditional Use Permits) provided the operation complies with the requirements pursuant to Subsections 35.42.134.C.1.a through 35.42.134.C.1.f, above, the standards in Subsection 35.42.134.D (Development standards), below, and the following:
(1)
The maximum number of registered guests that can be accommodated shall be 38 per night and they shall be accommodated in no more than 15 guest rooms.
b.
On lands zoned with the Limited Agricultural Enterprise (LAE) overlay zone (Section 35.28.155) a farmstay operation may be allowed with a Minor Conditional Use Permit issued in compliance with Section 35.82.060 (Conditional Use Permits and Minor Conditional Use Permits) provided the operation complies with the requirements pursuant to Subsections 35.42.134.C.1.a through 35.42.134.C.1.f, above, the standards in Subsection 35.42.134.D (Development standards), below, and the following:
(1)
The maximum number of registered guests that can be accommodated shall be 38 per night and they shall be accommodated in no more than 15 guest rooms.
D.
Development standards. Farmstays shall comply with all of the following standards in addition to any other applicable standards of this Development Code.
1.
Limitation on occupancy. Children under three years of age shall not be counted toward occupancy. Only registered guests may utilize the accommodations overnight.
2.
Lodging and food service. Lodging and meals are incidental and not the primary function of the farmstay operation.
a.
Lodging and food service is available only to registered guests of the operation. The cost of any food provided shall be included in the total price for accommodation and not be charged separately.
b.
A farmstay operation that serves food shall maintain a food facility permit as required by Chapter 16, Article III (County Retail Food Code) of the County Code.
3.
Farmstay accommodations may include a wetbar including a bar sink, refrigerator, small electric cooktop, and counter area not exceeding a maximum total length of seven feet.
4.
Compliance with building, fire, and public health codes. Any dwelling or structure used as part of a farmstay operation shall comply with the applicable standards and regulations of Chapter 10 (Building Regulations), Chapter 15 (Fire Prevention), Chapter 18C (Environmental Health Services), and Chapter 35B (Domestic Water Systems) of the County Code.
a.
The farmstay operator shall install and regularly maintain clear exit signs, emergency egress lighting, smoke and carbon monoxide detectors, and fire extinguishers in farmstay accommodations.
b.
The farmstay operator shall submit and implement a Fire Protection Plan to the County Fire Department in compliance with Chapter 15 of the County Code.
5.
Compliance with water and wastewater codes. The owner of any dwelling or structure used as a farmstay shall maintain an approved potable water supply and a properly functioning and suitably sized onsite wastewater treatment system or sewer connection, subject to Public Health Department review and approval.
a.
A public sewer system shall not serve a farmstay operation unless the public sewer system directly serves the structure(s) used in the farmstay operation.
6.
Maximum height for new structures or park trailers. New farmstay structures and park trailers shall not exceed 16 feet in height and shall be measured in compliance with Section 35.30.090 (Height Measurement, Exceptions and Limitations).
7.
Maximum floor area for new structures (guest cottages) or park trailers. Each new cottage or park trailer proposed for overnight farmstay accommodations shall not exceed 500 square feet.
8.
Access.
a.
All-weather road access shall be provided to the farmstay in accordance with County Fire Department development standards.
b.
The farmstay shall not include a new at-grade crossing of Highway 101 or State highway.
9.
Parking. The farmstay operation shall include one parking space per guest bedroom and one space for the onsite operation manager on the premises on which the farmstay is located, in compliance with Chapter 35.36 (Parking and Loading Standards) of this Development Code.
a.
All parking areas shall have an all-weather surface consisting of a minimum of crushed rock, asphalt, chip seal, concrete, brick, or other masonry paving units or equivalent surface. The use of any non-permeable surface materials shall be the minimum necessary to comply with requirements for the provision of disabled access.
b.
All parking areas shall have an active dust control program.
c.
Parking spaces shall comply with the disabled access requirements of Title 24 of the California Code of Regulations.
d.
Parking shall not be allowed within a road right-of-way or trail easement.
10.
Setbacks from adjacent premises. Unless the farmstay is located within the existing principal dwelling or in clustered proximity to the principal dwelling, farmstays shall comply with the following setbacks.
a.
A minimum 100-foot setback from the lot line of the agricultural premises on which the farmstay is located.
b.
Farmstays shall be located no closer than 400 feet from a residence that is located on an adjacent property that is not a part of the agricultural enterprise premises.
c.
Setbacks from adjacent commercial farming operations. The following setbacks shall apply to commercial farming operations located on adjacent premises when the agricultural commodity has been in commercial cultivation (tilled for agricultural use and planted with a crop). For the purpose of this setback, an adjacent commercial farming operation may touch at a point or share a common boundary with the farmstay premises, or may be separated by an intervening road or street (excluding a four-lane highway), railroad right-of-way or other public facility.
(1)
A minimum 200 feet from the lot line of the agricultural premises on which the farmstay is located when a commercial food crop, orchard, or vineyard farming operation is located on the adjacent agricultural premises. For the 200-foot setback to apply, the adjacent food crop, orchard, or vineyard farming operation must comply with all of the following:
(a)
Be part of a commercial farming operation where the primary land use of the premises shall be the production of one or more agricultural commodities for commercial purposes.
(b)
Have a minimum of 10 acres of food crops, orchards, or vineyards planted (with allowances for fallow periods, change of crop or production method) or a demonstrated planting history of a minimum of 10 acres of food crops, orchards, or vineyards planted within at least three of the previous 10 years. For the purpose of this setback, the previous 10 years shall be measured from application submittal for the farmstay.
(2)
Adjustments. As part of a permit to be reviewed and approved by the Department, the setbacks from adjacent commercial farming operations in Subsection c.(1) above may be adjusted downward in the following circumstances:
(a)
Where intervening topography, roads, protected habitats, or other geographic features preclude cultivation of food crops, orchards, or vineyards on the adjacent agricultural premises within 200 feet of the common lot line. The setback reduction shall be commensurate with the width of the land that cannot be cultivated.
(b)
Where the commercial cultivation on the adjacent agricultural premises does not occur in close proximity to the common lot line, the setback may be adjusted downward provided at least 200 feet is maintained between the farmstay and the food crop, orchard, or vineyard.
(c)
Where the farmstay is separated from an adjacent commercial farming operation by a four-lane highway, the setback from commercial farming operations shall not apply.
(d)
Where residential development (e.g. an existing residence, farm employee dwelling, accessory dwelling unit, or similarly-occupied building) or other development which is existing as of January 9, 2025, is located on the proposed farmstay premises within 200 feet of an adjacent premises with a commercial food crop, orchard, or vineyard farming operation, the setback from the adjacent commercial farming operation may be reduced by up to 50 percent, provided the farmstay is located no closer than the aforementioned existing development.
In determining whether the criteria for a setback adjustment from adjacent commercial farming operations has been met, the Department may consider any mutual agreement between the applicant and the adjacent premises owner regarding the need for setbacks from the adjacent commercial farming operations.
11.
Setbacks from sensitive habitats.
a.
New farmstay accommodations and related development, including parking, grading, and ground-disturbing activities in support of new development, shall be located a minimum of 100 feet from the edge of the following sensitive habitats:
(1)
Streams and creeks, i.e., riparian habitat, or if riparian habitat is not present, from the top-of-bank of the stream or creek
(2)
Wetlands
(3)
Vernal pools
(4)
Native woodlands and forests
(5)
Native shrub lands (e.g., chaparral and coastal sage scrub)
(6)
Native grasslands
(7)
Environmentally Sensitive Habitats as designated by a community plan. If this setback conflicts with a setback designated by a community plan, the setback most protective of the biological resource shall apply.
b.
The habitat boundary and 100-foot setback shall be depicted on all plans submitted to the Department.
c.
Projects located within or near critical habitat for rare, endangered or threatened species listed by State or federal agencies under the California Endangered Species Act or federal Endangered Species Act, or within plant communities known to contain rare, endangered, or threatened species, shall consult with the appropriate State or federal agency prior to commencing and exempt use, prior to issuance of a Zoning Clearance, or prior to approval of a Land Use Permit or Conditional Use Permit, as applicable.
12.
Oak tree and other native tree protection. New farmstay accommodations and related development, including parking, grading, and ground-disturbing activities in support of new development, shall be located at least six feet outside the canopy dripline of oak trees and other native trees species. Applicants proposing to encroach within this setback shall be required to submit an arborist report and if applicable, a tree protection and replacement plan to the Department for review and approval.
13.
Fencing for wildlife movement. If fencing is required for the farmstay operation, the fencing shall be designed in compliance with the following standards to allow for the safe passage of wildlife.
a.
Fences and gates shall be wildlife-permeable.
b.
The distance between the bottom wire or rung and the ground surface shall be a minimum of 18 inches.
c.
Fencing materials may include the use of rails, smooth wire, and similar materials. Barbed wire shall not be used for farmstays unless necessary to separate livestock operations from the farmstay.
14.
Cultural resources. Archaeological and other tribal cultural resources shall be protected in compliance with applicable cultural resource protection policies and the requirements of the County "Guidelines for Determining the Significance of and Impacts to Cultural Resources - Archaeological, Historic, and Tribal Cultural Resources," as applicable. If subsurface ground disturbing activities are proposed for a farmstay on lands where no previous permitted ground disturbance or prior archaeological surveys have occurred, the applicant shall submit to the Department a Phase 1 cultural resource study prepared by a qualified archaeologist documenting the absence or presence of cultural resources in the project area. In the event the Phase 1 cultural resource study determines the presence of resources or that additional investigation is required, the applicant shall follow the subsequent requirements of "Guidelines for Determining the Significance of and Impacts to Cultural Resources - Archaeological, Historic, and Tribal Cultural Resources."
15.
Historic resources. Historic resources shall be preserved, restored, and renovated consistent with applicable historic resource protection policies and the requirements of the County "Guidelines for Determining the Significance of and Impacts to Cultural Resources - Archaeological, Historic, and Tribal Cultural Resources," as applicable. Applicants proposing to repurpose existing structures that are greater than 50 years in age and/or designated as an historic landmark or place of historic merit for an agricultural enterprise use shall submit to the Department a Phase 1 investigation prepared by a qualified historian, unless waived by the Director. In the event the Phase 1 investigation determines the presence of resources or that additional investigation is required, the applicant shall follow the subsequent requirements of "Guidelines for Determining the Significance of and Impacts to Cultural Resources - Archaeological, Historic, and Tribal Cultural Resources."
16.
Hazardous materials avoidance and incidental discovery. Farmstays shall be located to avoid areas that are known to be contaminated with hazardous agricultural chemicals. In the event that previously unknown or unidentified soil and/or groundwater contamination that could present a threat to human health or the environment is encountered during grading or construction for an agricultural enterprise use, construction activities in the immediate vicinity of the contamination shall cease immediately and the applicant shall immediately notify the Department and, as applicable, the Hazardous Waste Unit of County Fire and Site Mitigation Unit of County Environmental Health.
17.
Noise. The volume of sound generated by the farmstay shall not exceed 65 dBA or existing ambient levels, whichever is greater, at the premises boundary, except that between the hours of 9:00 p.m. and 8:00 a.m., the volume of sound generated by the farmstay shall not exceed 45 dBA or existing ambient levels, whichever is greater, at any point beyond the premises boundary.
18.
Lighting. Lighting accessory to a farmstay operation shall comply with Section 35.30.120 (Outdoor Lighting).
19.
Transient Occupancy Tax (TOT). The farmstay owner/operator shall maintain a TOT license and remain current on all required TOT reports and payments. The owner or authorized agent shall include the TOT certificate number on all contracts or rental agreements, and in any advertising or websites.
20.
Informational advisory. The farmstay operator shall provide an informational advisory to registered guests disclosing the following:
a.
The farmstay operation is located on an active agricultural operation and visitors may be exposed to minor inconveniences associated with the agricultural operation such as noise, dust, and odors from agricultural operations on the premises and/or adjacent agricultural lands.
b.
The informational advisory shall also advise potential guests that visitors to active agricultural lands must respect the property and pre-existing agricultural operations, and avoid trespassing beyond designated visitor areas.
21.
Signs. Signs accessory to the farmstay operation shall comply with Chapter 35.38 (Sign Standards).
22.
24-Hour onsite supervision.
a.
The landowner shall provide 24-hour onsite supervision of the farmstay to ensure operations are conducted in compliance with the farmstay's issued permit, and who will respond to calls regarding the farmstay. The 24-hour onsite supervision may be provided by the landowner, farm/ranch manager, or other employee residing on the premises.
b.
The landowner shall submit the name, address, and telephone number of the person who will provide the onsite supervision and respond to calls regarding the farmstay.
c.
The landowner or person providing onsite supervision shall be available by telephone on a 24-hour basis to respond to calls regarding the farmstay. For purposes of this Section, responding in a timely and appropriate manner means that an initial call shall be responded to within one hour of the time the initial call was made, and a corrective action shall commence within two hours of the initial call, if corrective action is required, to address any violation of this Section.
d.
The landowner is required to immediately notify the County with any changes to the onsite supervisor's information.
23.
Limitation on visitors. Registered farmstay guests shall not have daytime visitors, or invite unregistered guests to be present at any time.
24.
Length of stay. No more than 14 consecutive nights per person and no more than 28 nights per calendar year per person. Each stay must be separated from a previous stay by at least one week.
25.
Sale restriction. The farmstay shall not be sold or otherwise conveyed separately from the principal dwelling.
26.
Notice to Property Owner. Prior to issuance of the applicable land use entitlement for a farmstay in compliance with Subsection 35.42.134.C (Permit requirements), above, the property owner shall record a "Notice to Property Owner" in compliance with Section 35.82.050 (Recordable Documents) that notifies future owners and successors-in-interest of the subject property of the specific conditions and/or restrictions (if any) that apply to the use of the structure(s) as a farmstay, including the requirement of Subsection B.4.a., above, that the premises owner, employee thereof, or designated person under contract with the owner shall reside on the premises at the same time as the transient occupant(s).
27.
Farmstay accessory use structures. A farmstay operation may be permitted to have accessory structures provided the structures shall support the farmstay lodging and food service operations. Permitted structures may include but are not limited to community restroom/shower facilities, benches, picnic tables, shade structures, and barbeque pits.
28.
Design review. Design review shall be required for new structural development when required pursuant to Section 35.82.070. In addition to exceptions to design review pursuant to Section 35.82.070 and Subsection 35.28.080.G (Santa Ynez Valley Community Plan Area), the Director may exempt new farmstay structures from design review requirements if the new development is not visible from public roadways or other areas of public use (e.g., public parks).
29.
Critical Viewshed Corridor Overlay. Farmstay developments within the Gaviota Coast Plan area shall comply with Section 35.28.070 (Critical Viewshed Corridor (CVC) overlay zone), if applicable.
30.
Advertising. All advertising for a farmstay shall include the permit number in the advertisement text.
E.
Revocation. In addition to the bases for revocation in Section 35.84.060 (Revocations), a Zoning Clearance for a farmstay may be revoked if the Permittee:
1.
Makes unpermitted alterations to the property that compromise the original permit approval (e.g., removal of required parking);
2.
Is determined to have submitted false or misleading information to the Department (e.g., information submitted as part of the permit application);
3.
Receives, within a 12-month period, more than two documented violations regarding the farmstay. Evidence of documented violations includes, but is not limited to, notices of violation, notices of determination of fines, orders to abate, citations, orders to cease and desist, or other documentation filed by County staff or law enforcement;
4.
Advertises a larger number of bedrooms, longer stays, or more guests on the premises at any one time than allowed by the approved permit or the provisions of this Development Code.
5.
Fails to comply partially or wholly with any of the permit conditions or development standards of this Development Code;
6.
Fails to comply with State or County fire regulations (e.g., access requirements, maintenance of fire lanes, restrictions for campfires);
7.
Fails to comply with County health regulations;
8.
Fails to obtain or comply with any other required County, state or local permit;
9.
Fails to comply with public health orders or emergency regulations issued by State or local authorities which limit use and occupancy of farmstays; or
10.
Fails to pay or is delinquent in payment of TOT, fines, or penalties.
(Ord. No. 5226, § 11, 12-10-2024)
35.42.135 - Farmworker Housing
A.
Purpose. As stated in Government Code Section 65580(a), the State Legislature has declared that the availability of housing, including farmworker housing, is of vital statewide importance. Furthermore, California Health and Safety Code Section 17000, et seq., known as the Employee Housing Act, includes regulations that require local jurisdictions to allow the development of farmworker housing provided such housing complies with the Employee Housing Act. Therefore, the purpose of this Section is to promote the development of, and establish development standards for, farmworker housing consistent with this legislative declaration and in compliance with the California Health and Safety Code.
B.
Applicability. The standards of this Section shall apply to the development of Farmworker Employee Housing as that use is defined in Section 35.110.020 (Definition of Specialized Terms and Phrases) and as may be allowed in compliance with the approval of the applicable permit identified in Chapter 35.21 (Agricultural Zones), Chapter 35.22 (Resource Protection Zones), Chapter 35.23 (Residential Zones), Chapter 35.24 (Commercial Zones), Chapter 35.25 (Industrial Zones), and Chapter 35.26 (Special Purpose Zones).
C.
Farmworker housing requirements.
1.
State regulations. All farmworker housing shall also comply, where applicable, with all of the following:
a.
California Health and Safety Code Section 17000 through 17062.5, also known as the Employee Housing Act.
b.
California Health and Safety Code Section 18200 et seq., also known as the California Mobilehome Parks Act.
c.
California Health and Safety Code Section 18860 et seq., also known as the California Special Occupancy Parks Act.
2.
Farmworker housing may be developed and/or maintained for the purpose of providing permanent, seasonal or temporary employee housing for farmworkers.
3.
Farmworker housing may be allowed, but not required, to be:
a.
Developed or provided by the employer(s) of the farmworker; and/or
b.
Located on the same property where the qualifying farm work is being performed.
4.
If farmworker housing is developed and/or provided by a person or entity other than the farmworker's employer, the farmworker housing shall consist only of:
a.
Seasonal or temporary farmworker housing, or
b.
A manufactured home, mobilehome, travel trailer, or recreational vehicle, if such housing is intended to be permanent (i.e., permanent employee housing).
5.
Prior to the approval of a Building Permit for a farmworker housing complex, the applicant shall submit all required information to, and obtain all applicable approvals from, the following County departments:
a.
Fire Department.
b.
Planning and Development Department.
c.
Public Health Department.
d.
Public Works Department.
6.
Within 30 days after obtaining the appropriate permit from the California Department of Housing and Community Development (HCD) to operate farmworker housing, and annually thereafter, the applicant shall submit a completed verification form to the Director describing all of the following:
a.
The farmworker housing, including the number of units, spaces or beds.
b.
The number and employment status of the residents of the farmworker housing, and any other employment information regarding the residents required by the Director.
c.
Proof that the HCD permit for the farmworker housing is current and valid.
D.
Development standards. All farmworker housing shall comply with all of the following development standards unless otherwise indicated.
1.
Allowed farmworker housing complex housing types. The following housing types may be permitted in farmworker housing complexes in compliance with the required permit(s) specified in the applicable allowed land uses and permit requirements table in Article 35.2 (Zones and Allowable Land Uses).
a.
Agricultural zones. All housing types allowed in compliance with California Health and Safety Code Sections 17000 through 17062.5 may be permitted in the AG-I and AG-II zones.
b.
Resource Protection zones. All housing types allowed in compliance with California Health and Safety Code Sections 17000 through 17062.5 may be permitted in the MT-GOL, MT-TORO and RMZ zones.
c.
Residential zones.
(1)
RR, R-1/E-1, R-2 and EX-1 zones. All housing types allowed in compliance with California Health and Safety Code Sections 17000 through 17062.5 may be permitted in the RR, R-1/E-1, R-2 and EX-1 zones.
(2)
DR zone. The following housing types may be permitted as a farmworker housing complex in the DR zone in compliance with the required permit(s) as specified in Table 2-7 (Allowed Land Uses and Permit Requirements for Residential Zones) in Section 35.23.030 (Residential Zones Allowable Land Uses):
(a)
Dwelling, multiple.
(b)
A two-family dwelling.
(c)
Multiple detached single-family units on one lot subject to any applicable requirements of the Subdivision Map Act, Government Code Section 66410 et seq.
(d)
Farmworker housing complexes other than those housing types listed in Subsections D.1.b.(2)(a) through D.1.b.(2)(c), above, subject to the approval of a Conditional Use Permit in compliance with Section 35.82.060 (Conditional Use Permits and Minor Conditional Use Permits).
d.
Commercial zones. The following housing types may be permitted as a farmworker housing complex in the CH zone:
(1)
Adjacent lot zoned agriculture. All housing types allowed in compliance with California Health and Safety Code Sections 17000 through 17062.5 may be permitted in the CH zone if located adjacent to a lot having an agricultural zoning.
(2)
Adjacent lot zoned residential. The following housing types may be permitted in the CH zone if located adjacent to a lot having a residential zoning.
(a)
Multiple detached residential units on one lot subject to any applicable requirements of the Subdivision Map Act, Government Code Section 66410 et seq.
(b)
Farmworker housing complexes other than those housing types listed in Subsection D.1.d(2)(a), above, subject to the approval of a Conditional Use Permit in compliance with Section 35.82.060 (Conditional Use Permits and Minor Conditional Use Permits).
e.
Industrial zones.
(1)
M-RP, M-1 and M-CR zones. All housing types allowed in compliance with California Health and Safety Code Sections 17000 through 17062.5 may be permitted in the M-RP, M-1 and M-CR zones.
(2)
M-2 zone. Housing types allowed on an adjacent lot zoned agricultural or residential may be permitted in the M-2 zone.
f.
Special Purpose zones. The following housing types may be permitted as a farmworker housing complex in the NTS, OT-R and PU zones zone in compliance with the required permit(s) as specified in Tables 2-21 and 2-22 (Allowed Land Uses and Permit Requirements for Special Purpose Zones) in Section 35.26.030 (Special Purpose Zones Allowable Land Uses):
(1)
Multiple detached single-family units on one lot subject to any applicable requirements of the Subdivision Map Act, Government Code Section 66410 et seq. in the NTS, OT-R and PU zones.
(2)
Farmworker housing complexes other than those housing types listed in Subsection D.1.f.(1), above, subject to the approval of a Conditional Use Permit in compliance with Section 35.82.060 (Conditional Use Permits and Minor Conditional Use Permits).
2.
Farmworker dwelling unit density requirements. Development of a farmworker dwelling unit shall be in compliance with the dwelling unit density requirements of the applicable zone. If there is an existing single-family dwelling located on a lot, then a farmworker dwelling unit shall not be allowed in addition to the existing single-family dwelling unless additional single-family dwelling units are allowed in compliance with the applicable dwelling unit density requirement.
3.
Parking. The following requirements shall apply to all farmworker housing in addition to all other applicable parking requirements in this Development Code that would normally apply to the use and location in which the farmworker housing is proposed. In the case of a conflict between the standards of this Subsection D.3 and other applicable parking requirements of this Development Code, the standards of this Subsection D.3 shall prevail.
a.
Parking spaces for farmworker dwelling units and farmworker housing complexes may be uncovered and may be located in a tandem arrangement.
b.
Any living quarters such as a manufactured home, mobilehome, recreational vehicle, tent, travel trailer, or other housing accommodation designed for use by a single family or household shall be considered a one-family dwelling for determining the parking requirement in compliance with Table 3-5 (Residential Parking Standards).
c.
A farmworker housing complex consisting of any group living quarters, such as barracks or a bunkhouse, shall provide one parking space for every four beds in the complex.
d.
Parking requirements for employees as listed in Table 3-5 (Residential Parking Standards) is not required to be provided.
E.
Covenant and agreement. Within 30 days after approval of an application for farmworker housing, the applicant shall record with the County Recorder a covenant that runs with the lot on which the farmworker housing is located and is for the benefit of the County, declaring that:
1.
The farmworker housing will continuously be maintained in compliance with this Section 35.42.135 (Farmworker Housing) and all other applicable sections of the Development Code;
2.
The applicant will obtain and maintain, for as long as the farmworker housing is operated, the appropriate permit(s) from California Department of Housing and Community Development pursuant to the Employee Housing Act and the regulations promulgated thereunder;
3.
The improvements required by the County Fire Department, the Planning and Development Department, the Public Health Department, and the Public Works Department, related to the farmworker housing shall be constructed and/or installed, and continuously maintained by the applicant;
4.
The applicant will submit the annual verification form to the Director as required by Subsection 35.42.135.C.6; and
5.
Any violation of the covenant and agreement required by this section shall be subject to the enforcement procedures of Chapter 35.108 (Enforcement and Penalties).
35.42.140 - Greenhouses, Hoop Structures, and Shade Structures
A.
Purpose and applicability. This Section provides standards for the establishment of greenhouses, hoop structures, and shade structures where allowed by Article 35.2 (Zones and Allowable Land Uses).
B.
Greenhouses.
1.
Greenhouses in agricultural zones. The following provides the permit requirements and development standards for greenhouses located within the AG-I and AG-II zones.
a.
Less than 20,000 square feet, AG-I zone. For greenhouses and greenhouse related development that are less than 20,000 square feet in area and are located within the AG-I zone, the following requirements and standards shall apply:
(1)
Landscaping. Landscaping plans shall be required in compliance with Section 35.34.050 (Agricultural Zones Landscaping Requirements).
b.
20,000 square feet or more. For greenhouses and greenhouse related development that are 20,000 square feet in area or more and all additions, which when added to existing development, total 20,000 square feet or more, the following requirements and standards shall apply:
(1)
Development Plans. The approval of a Development Plan shall be required in compliance with Section 35.82.080 (Development Plans).
(a)
Application contents. The site plan and topographic map required to be submitted with an application for a Development Plan in compliance with Section 35.82.080 (Development Plans) shall not apply and instead a Development Plan application for a greenhouse(s) shall include a site plan of the proposed development drawn to scale that shows the following:
(i)
Gross acreage and boundaries of the property.
(ii)
Location of all existing and proposed structures, their use, and square footage of each structure.
(iii)
Landscaping.
(iv)
Location and number of parking spaces.
(v)
Location of driveways and adjacent streets.
(2)
Landscaping.
(a)
AG-I zone. Landscaping plans shall be required in compliance with Section 35.34.050 (Agricultural Zones Landscaping Requirements).
(b)
AG-II zone. Landscaping plans shall be required in compliance with Chapter 35.34 (Landscaping Standards).
2.
Greenhouses in overlay zones. Greenhouses are limited to 4,000 square feet per lot when located within the Critical Viewshed Corridor Overlay in the Gaviota Coast Plan Area.
3.
Greenhouses in residential and special purposes zones.
a.
300 square feet or less in size. In the R-1/E-1, R-2, EX-1, DR, MU, and OT-R zones, the following standards shall apply to greenhouses not exceeding 300 square feet in area:
(1)
Greenhouse structures shall be used only for the propagation and cultivation of plants.
(2)
No advertising signs, commercial display rooms, or sales stands shall be maintained.
b.
Greenhouses exceeding 300 square feet and less than 800 square feet. In the R-1/E-1, R-2 and EX-1 zones, no advertising signs, commercial display rooms, or sales stands shall be maintained in association with greenhouses that exceed 300 square feet and are less than 800 square feet.
c.
Greenhouses exceeding 300 square feet within the RR zone. Greenhouses, hothouses, other plant protection structures and related development (i.e., packing sheds, parking, driveways) shall be subject to the landscaping requirements in compliance with Section 35.34.050 (Agricultural Zones Landscaping Requirements).
C.
Hoop structures and shade structures in agricultural zones. The following provides the permit requirements and development standards for hoop structures and shade structures located within the AG-I and AG-II zones.
1.
Permit requirements. Prior to the erection or use of a hoop structure or a shade structure a Zoning Clearance or Land Use Permit shall be issued or a Final Development Plan shall be approved, as applicable, unless the project is determined to be exempt from a Zoning Clearance, a Land Use Permit, or a Final Development Plan in compliance with Subsection C.1.a (Exempt), below. See also Section 35.42.075 (Cannabis Regulations) for additional permit requirements and development standards for the cultivation of cannabis.
a.
Exempt. Hoop structures and shade structures that are 20 feet or less in height do not require a land use entitlement provided the proposed project is in compliance with the following:
(1)
The development standards of Subsection C.3.a (Development standards for hoop structures and shade structures), below.
(2)
The requirements of Subsection 35.20.040.A (Exemptions from Planning Permit Requirements).
(3)
The hoop structures and shade structures are located on land that has been tilled for agricultural use and planted with a crop for at least one of the previous three years.
(4)
The hoop structures and shade structures are located on slopes averaging 25% or less. Average slope shall be calculated over the area of the lot where hoop structures and shade structures will be used.
(5)
Hoop structures and shade structures located in the Critical Viewshed Corridor (CVC) Overlay within the Gaviota Coast Plan area or in the Design Control (D) Overlay within the Santa Ynez Valley Community Plan area cover no more than 4,000 square feet per lot.
(6)
Hoop structures and shade structures located in the Critical Viewshed Corridor (CVC) Overlay within the Gaviota Coast Plan area or in the Design Control (D) Overlay within the Santa Ynez Valley Community Plan area cover more than 4,000 square feet per lot, but are not visible from public roadways or other areas of public use. Landscape screening shall not be taken into consideration when determining whether the structures are visible from public roadways or other areas of public use.
b.
Zoning Clearance required. A Zoning Clearance issued in compliance with Section 35.82.210 (Zoning Clearance) is required for the following:
(1)
Hoop structures and shade structures that are 20 feet or less in height and cover less than 20,000 square feet in area, including all additions, which are not in compliance with Subsections C.1.a.(3), C.1.a.(4), C.1.a.(5), or C.1.a.(6), above.
c.
Land Use Permit required. A Land Use Permit issued in compliance with Section 35.82.110 (Land Use Permits) is required for the following:
(1)
Hoop structures and shade structures that are 20 feet or less in height and cover 20,000 square feet in area or more, including all additions, which are not in compliance with Subsections C.1.a.(3), C.1.a.(4), C.1.a.(5), or C.1.a.(6), above.
(2)
Hoop structures and shade structures that are more than 20 feet in height and cover less than 20,000 square feet in area, including all additions, which when added to existing development located on the same lot cover less than 20,000 square feet in area.
d.
Final Development Plan required. The approval of a Final Development Plan in compliance with Section 35.82.080 (Development Plans) is required prior to the approval of a Land Use Permit or Zoning Clearance for the following:
(1)
Hoop structures and shade structures that are more than 20 feet in height and cover 20,000 square feet in area or more, including all additions, which when added to existing development located on the same lot cover 20,000 square feet in area or more.
2.
Application requirements. Except as provided below in Subsection C.2.a (Site plan and topographic map requirements), below, an application for a Land Use Permit or a Development Plan shall be submitted in compliance with Section 35.80.030 (Application Preparation and Filing).
a.
Site plan and topographic map requirements. The site plan and topographic map normally required to be submitted with an application for a Development Plan in compliance with Section 35.82.080 (Development Plans) shall not apply and instead a Development Plan application for hoop structures or shade structures shall include a site plan of the proposed development drawn to scale that shows the following:
(1)
Gross acreage and boundaries of the property.
(2)
Location of all existing and proposed structures, their use, and square footage of each structure.
(3)
Landscaping.
(4)
Location and number of parking spaces.
(5)
Location of driveways and adjacent streets.
(6)
Topography - contour intervals to depict slopes.
(a)
Ten or 25-foot intervals for lots of more than 20 acres.
(b)
Five- or ten-foot intervals for lots of five to 20 acres.
(c)
Five-foot intervals for lots less than five acres.
3.
Development standards for hoop structures and shade structures.
a.
Development standards for hoop structures and shade structures. Hoop structures and shade structures shall comply with the following standards in addition to any other applicable standards of this Development Code. Hoop structures and shade structures not in compliance with Subsection C.3.a.(1) (Lighting) and C.3.a.(2) (Structural elements), below, may be permitted in compliance with Subsection 35.42.140.B (Greenhouses).
(1)
Lighting. Interior and exterior lighting associated with hoop structures and shade structures is not allowed.
(2)
Structural elements. Hoop structures and shade structures shall not have permanent structural elements such as footings and foundations, and shall not have any utilities including plumbing, natural gas, or electricity.
(3)
Setbacks. Hoop structures and shade structures shall comply with applicable setbacks of the zone in which they are located.
(4)
Streams and Creeks.
(a)
Within the Urban, Inner Rural, and EDRN areas hoop structures and shade structures shall be setback 50 feet from the top-of-bank or edge of riparian vegetation of streams and creeks, whichever is more protective of the resource.
(b)
Within the Rural areas hoop structures and shade structures shall be setback 100 feet from the top-of-bank or edge of riparian vegetation of streams and creeks, whichever is more protective of the resource.
b.
Development standards for hoop structures and shade structures more than 20 feet in height. In addition to the development standards contained in Subsection C.3.a (Development standards for hoop structures and shade structures), hoop structures and shade structures that are more than 20 feet in height shall also comply with the following development standards:
(1)
Landscaping.
(a)
AG-I zone. Landscaping plans shall be required in compliance with Section 35.34.050 (Agricultural Zones Landscaping Requirements).
(b)
AG-II zone. Landscaping plans shall be required in compliance with Chapter 35.34 (Landscaping Standards).
35.42.150 - Guesthouses, Artist Studios, and Cabañas
A.
Purpose and applicability. This Section provides standards for the establishment of guesthouses, artist studios, and cabañas, where allowed by Article 35.2 (Zones and Allowable Land Uses).
B.
Accessory structure and use. Guesthouses, artist studios, and cabañas are accessory structures and their use shall be accessory to a primary residential use of the lot.
C.
Lot size. A guesthouse shall not be located on a lot containing less than one gross acre.
D.
Number on lot.
1.
A lot may contain one artist studio or one guesthouse.
2.
A lot may contain one cabaña in addition to one artist studio or guesthouse in compliance with Subsection M. (Cabaña).
E.
Floor area. The net floor area of a guesthouse, artist studio, or cabaña shall not exceed 800 square feet. However, the structure may be attached to another accessory structure so that the total area of the combined structures exceeds 800 square feet, provided interior access does not exist between the guesthouse, artist studio, or cabaña, and the other accessory structure.
F.
Height limitations. A guesthouse, artist studio or cabaña shall not exceed a height of 16 feet or contain more than one story. A loft shall be counted as a story. A guesthouse, artist studio, or cabaña may be located above or below another accessory structure.
G.
Kitchen and cooking facilities prohibited. There shall not be a kitchen or cooking facilities (e.g., ovens including microwave ovens, hot plates) within a guesthouse, artist studio, or cabaña.
H.
Wetbars. Guesthouses, artist studios, and cabañas may contain a wetbar limited to the following features:
1.
A counter area with a maximum total length of seven feet.
2.
The counter area may include a bar sink.
3.
The counter area may include an overhead cupboard area not to exceed seven feet in length.
4.
The counter area shall be located against a wall, or if removed from the wall, it shall not create a space between the counter and the wall of more than four feet in depth. The seven-foot counter shall be in one unit. The intent of this provision is to avoid creation of a kitchen room.
5.
A refrigerator limited to an under-counter unit located within the counter area.
I.
Plumbing facilities.
1.
Guesthouse and cabañas. Guesthouses and cabañas may contain a bar sink associated with a wetbar as described in Subsection H (Wetbars) above, and bathrooms (e.g., toilet, sink, and bathing facilities).
2.
Artist studios. Artist studios may contain a bar sink associated with a wetbar as described in Subsection H (Wetbars) above, and a restroom (i.e. toilet and washbasin). Bathing facilities shall not be allowed in artist studios.
J.
Setbacks. Guesthouses, artist studios, and cabañas shall comply with setback requirements applicable to the principal dwelling.
K.
Use restrictions.
1.
A guesthouse shall be used on a temporary basis only by the occupants of the principal dwelling or their nonpaying guests or employees and is not intended to be rented, whether the compensation is paid directly or indirectly in money, goods, wares, merchandise, or services. Temporary is defined as occupying the guesthouse for not more than 120 days in any 12-month period.
2.
Artist studios and cabañas shall not be used as a guesthouse or as a dwelling and shall not be used for overnight accommodations.
3.
Commercial sales or transactions shall not occur within an artist studio or on the lot containing the artist studio unless allowed under a Land Use Permit (Section 35.82.110) for a home occupation issued in compliance with Section 35.42.190 (Home Occupations).
4.
Guesthouses, artist studios, or cabañas may be determined to constitute a dwelling by the Director in compliance with Subsection 35.42.020.B.9 (Determination that accessory structure constitutes a dwelling).
L.
Notice to property owner. Before issuance of a Land Use Permit in compliance with Section 35.82.110 (Land Use Permits) for a guesthouse, artist studio, or cabaña, a Notice to Property Owner that specifies at a minimum the allowable uses of the structure shall be recorded by the property owner.
M.
Cabaña. A cabaña may be approved as an accessory structure provided that its use is accessory to a sports court or swimming pool, or is located on a lot directly adjacent to the sea.
1.
Definition of swimming pool. For the purposes of this Subsection M (Cabaña), swimming pool is defined as a structure containing a body of water, whether above or below the ground, and which shall be designed for and used or intended to be used for swimming by individuals. The following shall be excluded from this definition:
a.
Hot tubs, spas, including swim spas, and similar facilities.
b.
Ornamental ponds or water features, developed as landscape design features where swimming is not intended and does not occur.
c.
Portable, inflatable, and wading pools.
2.
Restrictions on use. The cabaña may be maintained and used as a cabaña provided that the sports court or swimming pool that the cabaña is accessory to is also maintained on the lot. If the sports court or swimming pool to which the cabaña is accessory to is abandoned or removed, then the use of the cabaña shall cease and the structure shall either be removed or lawfully converted to an allowed accessory structure within 90 days following the abandonment or removal of the sports court or swimming pool.
3.
Sequence of construction. A cabaña may be approved in conjunction with a proposed pool or sports court provided that construction of the proposed pool or sports court is completed before or simultaneously with completion of the cabaña.
N.
Artist studios. Issuance of a Land Use Permit in compliance with Section 35.82.110 (Land Use Permits) for a home occupation in compliance with Section 35.42.190 (Home Occupations) shall be required prior to the issuance of a Land Use Permit for an artist studio.
O.
Accessory dwelling unit or junior accessory dwelling unit. If an accessory dwelling unit or junior accessory dwelling unit exists or has current approval on a lot, a guesthouse or artist studio shall not also be approved.
(Ord. No. 5238, § 14, 2-11-2025)
35.42.160 - Handicraft Industries
A.
Purpose and applicability. This Section provides standards for the operation of handicraft industries, where allowed in compliance with Article 35.2 (Zones and Allowable Land Uses).
B.
Nuisances.
1.
The manufacture of handicraft items shall not have any effect on surrounding property that would constitute a greater nuisance than those created by other uses allowed in the zone in which the manufacture is allowed.
2.
No dust, fumes, glare, heat, noxious gases, objectionable odors, radiation, or smoke generated by or resulting from the use shall be detectable at any point upon the boundary of the property upon which the use is located.
3.
The use shall not create any objectionable noise or vibration.
C.
Enclosed structure. Manufacturing activities shall be conducted within a completely enclosed structure having a total gross floor area not exceeding 2,500 square feet.
D.
Outdoor storage. Outdoor storage of materials and equipment shall be screened from view from surrounding properties by a solid fence or wall.
E.
Additional conditions. The review authority, as part of the approval of a Conditional Use Permit in compliance with Section 35.82.060 (Conditional Use Permits and Minor Conditional Use Permits) for a handicraft industry may require those conditions necessary to protect the public peace, health, safety, and general welfare to maintain property values in the neighborhood and to safeguard essential community services and values such as traffic circulation, sewage disposal, water supply, fire protection and neighborhood character.
35.42.170 - Hazardous Waste Generators
A.
Purpose and applicability. This Section implements policies of the County's Hazardous Waste Element regarding generators of hazardous waste, where allowed by Article 35.2 (Zones and Allowable Land Uses). The provisions of this Section shall apply to any activity requiring a Land Use Permit that does or will generate hazardous waste.
B.
Requirements.
1.
A Waste Minimization Plan shall be submitted with an application for a Land Use Permit.
2.
A hazardous waste generator operating under a new or modified Land Use Permit shall incorporate waste minimization techniques to the maximum extent economically and technically feasible.
3.
Prior to the approval of a Land Use Permit in compliance with Section 35.82.110 (Land Use Permits), the Fire Department shall either approve a Generator Permit for the facility or shall have accepted an application for a Generator Permit.
4.
Following the approval of a Land Use Permit in compliance with Section 35.82.110 (Land Use Permits) a Business Plan and/or an Emergency Response Plan shall be submitted to the Fire Department if such a plan or plans is required under Chapter 6.95 (Section 25500 et seq.) of the California Health and Safety Code prior to operation of the facility.
35.42.180 - Reserved
Editor's note— Ord. No. 5167, § 16, adopted November 29, 2022, repealed the former Section 35.42.180 in its entirety, which pertained to historical parks and derived from original codification.
35.42.190 - Home Occupations
A.
Purpose and applicability. This Section provides development and operational standards for home occupations where allowed by Article 35.2 (Zones and Allowable Land Uses). The intent is to prevent any adverse effects on the residential enjoyment of surrounding residential properties.
B.
Applicability. The provisions of this Section shall apply to all home occupations which include Cottage Food Operations and In-home Retail Sales. Home occupations may be permitted in any dwelling in any zone including nonconforming dwellings.
C.
Permit requirements.
1.
Before the commencement of a home occupation within a dwelling or artist studio, a Zoning Clearance in compliance with Section 35.82.210 (Zoning Clearances) shall be issued for the home occupation unless the occupation qualifies for an exemption as stated in Subsection E (Exceptions to permit requirements for home occupations) below.
2.
Prior to the issuance of a Zoning Clearance in compliance with Section 35.82.210 (Zoning Clearances) for a home occupation within a dwelling or artist studio, a Notice to Property Owner certifying that the home occupation will be conducted in compliance with the development standards of Subsection D (Development Standards) below, and any other conditions as may be made part of the Zoning Clearance shall be recorded by the property owner.
D.
Development standards.
1.
Home occupations other than cottage food operations. A home occupation shall comply with all of the following development standards, except that if the home occupation qualifies as a cottage food operation then the development standards of Subsection D.2 (Cottage food operations) shall apply instead.
a.
Only one home occupation shall be allowed on any one lot. The home occupation shall be conducted either entirely within not more than one room of the dwelling, not including garages, or entirely within an artist studio. A home occupation may not be conducted outside of the dwelling or the artist studio.
b.
The home occupation shall not alter the residential character of the dwelling or the lot that contains the home occupation. There shall be no internal or external alterations to the dwelling that are not customarily found in residential structures, and the existence of the home occupation shall not be discernible from the exterior of the dwelling.
c.
The home occupation shall be conducted solely by the occupant(s) of a dwelling located on the lot that contains the home occupation. No employees other than the dwelling occupant(s) shall be permitted for business purposes on the lot that contains the home occupation. The home occupation may have off-site employees or partners provided they do not report for work at the lot that contains the home occupation.
d.
No displays or signs naming or advertising the home occupation shall be permitted on or off the lot that contains the home occupation. All advertising for the home occupation (e.g., telephone directories, newspaper or other printed material) or on equipment or vehicles associated with the home occupation shall not divulge the location of the home occupation. Business cards and letterhead may list the address of the home occupation.
e.
There shall be no more than five customers, patients, clients, students, or other persons served by the home occupation upon the lot that contains the home occupation at any one time except for in-home retail sales as allowed in compliance with Subsection E.1.a, below.
f.
A home occupation shall not use electrical or mechanical equipment that would create any visible or audible radio or television interference or create noise levels in excess of 65 dBA beyond the boundaries of the lot that contains the home occupation.
g.
No smoke or odor shall be emitted that occurs as a result of the home occupation.
h.
There shall be no outdoor storage of materials related to the home occupation unless stored in compliance with Subsection 35.23.050.C (Accessory storage of materials).
i.
No vehicles or trailers, except those incidental to the residential use and those allowed under Subsection 35.36.100.B.2 (Overnight parking of commercial vehicles), shall be kept on the lot that contains the home occupation.
j.
A home occupation shall be strictly secondary and subordinate to the primary residential use and shall not change or detrimentally affect the residential character of the dwelling, the lot that contains the home occupation, or the neighborhood.
k.
Where a home occupation will be conducted within a dwelling or artist studio that relies on a septic system, written clearance from the Public Health Department shall be required prior to approval of the Zoning Clearance in compliance with Section 35.82.210 (Zoning Clearances).
l.
No hazardous materials other than those commonly found within a residence shall be used or stored on the site. Hazardous materials and equipment shall be limited to quantities that do not constitute a fire, health, or safety hazard.
m.
Business-related deliveries shall be limited to a maximum of two per week. United States Mail and commercial parcel carriers' deliveries shall be exempt from this limitation.
n.
A home occupation shall not create vehicular or pedestrian traffic that changes the residential character of the neighborhood and dwelling unit where the business is being conducted, or create a greater demand for parking than can be accommodated onsite or on the street frontage abutting the lot that contains the home occupation.
2.
Cottage food operations. A cottage food operation shall comply with all of the following development standards.
a.
Allowed locations.
(1)
No more than one cottage food operation shall be allowed within any one dwelling unit.
(2)
Only one cottage food operation may be allowed on a lot.
b.
Allowed location within the dwelling and the lot containing the cottage food operation. All food preparation, packaging, sales, storage and handling of cottage food products and related ingredients, and equipment, shall be located within the registered or permitted area consisting of the dwelling's private kitchen and one or more attached rooms within the dwelling in which the cottage food operation is operated that are used exclusively for storage.
(1)
No portion of the cottage food operation including sales and storage shall occur within any parking area required in compliance with Chapter 35.36 (Parking and Loading Standards).
c.
Cottage food operators and cottage food employees.
(1)
The cottage food operation shall be conducted by the cottage food operator within the dwelling where the cottage food operator resides as their primary residence. Said dwelling shall be a legally established dwelling.
(2)
One full-time equivalent employee as defined by California Health and Safety Code Section 113758(b)(1) may participate in a cottage food operation in addition to those individuals residing within the dwelling as their primary residence.
d.
Parking. All parking of vehicles and trailers associated with the cottage food operation on the lot on which the cottage food operation occurs shall be maintained in compliance with Chapter 35.36 (Parking and Loading Standards).
(1)
Customers and non-resident cottage food employees shall not park their vehicles within or upon a parking space that is required to satisfy the parking requirement for the primary use of the lot.
(2)
On R-1/E-1 and R-2 zoned lots, the overnight parking of commercial vehicles on the lot shall be in compliance with Subsection 35.36.100.B.2 (Overnight parking of commercial vehicles).
e.
Sales. Food items may only be sold, or offered for sale, from the dwelling to customers present at the dwelling between the hours of 9:00 a.m. to 6:00 p.m.
f.
All waste containers shall be in compliance with Section 17-8 (Containers) of Chapter 17 (Solid Waste Services) of the County Code.
g.
A cottage food operation shall not create vehicular or pedestrian traffic or other public nuisance that changes the residential character of the neighborhood and dwelling unit where the business is being conducted, or create a greater demand for parking than can be accommodated onsite or on the street frontage abutting the lot on which the home occupation occurs.
h.
The cottage food operation shall at all times be conducted in compliance with:
(1)
The conditions and limitations of this Subsections D.2 and any other conditions and/or limitations that may be part of the Zoning Clearance issued to allow the cottage food operation.
(2)
California Health and Safety Code Section 113758.
(3)
All other applicable State and County laws, regulations and requirements.
i.
The cottage food operation shall be registered or permitted by the County Public Health Department in compliance with Section 114365 of the California Health and Safety Code. Prior to the issuance of a Zoning Clearance for a cottage food operation the cottage food operator shall present proof of receipt of registration or permit for the cottage food operation from the County Public Health Department.
E.
Exceptions to permit requirements for home occupations. A Zoning Clearance shall not be required for home occupations that are in compliance with all of the following criteria:
1.
The development standards of Subsection D.1 or D.2, above, as applicable to the specific home occupation except that:
a.
Clients or customers shall not be served at the lot that contains the home occupation except for in-home retail sales provided that these sales do not exceed four times within a calendar year and that there are no more than 25 customers at each sales event at any one time.
b.
Business advertisements, except for business cards and letterhead, shall not list the address of the artist studio or dwelling in which the home occupation occurs.
c.
With the exception of in-home retail sales allowed pursuant to subsection E.1.a above, business transactions occurring on the lot that contains the home occupation shall occur by internet, telephone, facsimile, computer modem or other telecommunication medium, or written correspondence.
d.
Home occupations that comply with these standards (Subsection E.1.a through E.1.c, above) may be exempted from the location requirement of Subsection D.1.a, above, and may be conducted in other structures in addition to the dwelling or artist studio (e.g. garages or workshops), in compliance with all other provisions of this Development Code.
F.
Violations of home occupation regulations.
1.
It shall be unlawful for a person, firm, or corporation, to establish, cause, allow, or maintain a type of business, profession or other commercial occupation (collectively to be referred to as a "home occupation") within a dwelling before the issuance of a Zoning Clearance in compliance with Section 35.82.210 (Zoning Clearances) allowing the home occupation unless the home occupation does not require the issuance of a Zoning Clearance in compliance with Subsection E (Exceptions to permit requirements for home occupations), above.
2.
The home occupation shall at all times be conducted in compliance with the conditions and limitations of Subsection D (Development Standards), above, any other conditions and/or limitations that may be part of the Zoning Clearance issued in compliance with Section 35.82.210 (Zoning Clearances) to allow the home occupation, and it shall be unlawful for a person to conduct a home occupation for which a Zoning Clearance has been issued without complying with all conditions attached to the permit.
3.
Failure to comply with conditions and limitations of the Zoning Clearance shall be cause for revocation of the Zoning Clearance in compliance with Section 35.84.060 (Revocations).
4.
Occupations that cannot comply with all of the development standards listed in Subsection D (Development Standards), above, shall not be permitted as home occupations. Examples of prohibited occupations include:
a.
Automotive repair or service.
b.
Painting of vehicles, trailers, boats or machinery.
(Ord. No. 5248, § 1, 5-6-2025)
35.42.193 - Homestays
A.
Purpose and intent. The purpose and intent of this Section is to establish standards that will regulate the use of dwellings as Homestays in order to ensure that Homestays are compatible with and do not adversely impact surrounding properties.
B.
Permit Requirement. Homestays may only be located in certain commercial, special purpose, residential and Agriculture-I zones and in compliance with the permit requirement identified in Article 35.2 (Zones and Allowable Land Uses). The required permit shall be obtained and all conditions of the permit shall be satisfied prior to the commencement of a Homestay. Regardless of the number of properties a property owner owns, in no case shall a property owner possess more than one homestay permit at any given time.
C.
Permitted structures. Homestays shall only be allowed in up to three bedrooms of a legal dwelling unit subject to the restrictions of this Section.
D.
Development standards. Homestays shall comply with all of the following standards in addition to any other applicable standards of this Development Code.
1.
Owner or long-term tenant must reside on the property. The owner or long-term tenant of the property shall inhabit a legal dwelling on the same lot at the same time as the transient occupant of the Homestay.
2.
Compliance with fire, building, and health codes. Any dwelling used as a Homestay shall comply with the California Fire Code, California Building Code, California Health and Safety Code, the National Fire Protection Association standards and/or regulations, and other relevant laws and codes regarding carbon monoxide detectors, smoke detectors, emergency egress window, handrails, and fire extinguishers, to the satisfaction of the Director.
3.
Prohibited structures. Homestays shall not be allowed in:
a.
Any dwelling subject to agreements, conditions, or covenants entered into with the County restricting their use including, but not limited to, affordable housing units, agricultural employee housing, and farmworker housing.
b.
Any structure that is only permitted to be occupied on a temporary basis including, but not limited to, cabañas and guest houses.
c.
Any structure or space that may not be legally used for dwelling or overnight accommodations including, agricultural accessory structures, tents, trailers, vehicles, and yurts.
d.
An accessory dwelling unit or junior accessory dwelling unit.
4.
Signs. No signs shall be permitted to be located on or off the lot that contains the Homestay that indicates the presence of the Homestay.
5.
Limitation on occupancy. The maximum occupancy shall be no more than two persons per bedroom, excluding minor children.
6.
Parking. Parking shall be provided on the lot on which the Homestay is located in compliance with Chapter 35.36 (Parking and Loading Standards) of this Development Code.
7.
Limitation on the number of visitors. The maximum number of visitors shall not exceed two times the number of transient occupants of the Homestay that are allowed on the lot.
8.
Noise. The volume of sound generated by the Homestay shall not exceed 65 dB or existing ambient levels, whichever is greater, at any point beyond the property boundary, except that between the hours of 10 p.m. and 8 a.m., the volume of sound generated by the Homestay shall not exceed 45 dB or existing ambient levels, whichever is greater, at any point beyond the property boundary.
9.
Internet listing. All current internet hosting platforms for Homestays and all listing identification numbers shall be provided to the County.
10.
Proof of ownership or long-term tenancy. The owner or long-term tenant of the property being rented for a Homestay shall provide proof of ownership or long-term tenancy with the Homestay application. In addition, the owner must sign any permit application that the long-term tenant submits.
11.
Nuisance response plan.
a.
Call response availability.
(1)
The owner or long-term tenant shall submit their name, address, and telephone number and/or a local contact who will respond to calls regarding the Homestay.
(2)
The owner or long-term tenant and/or local contact shall be available by telephone on a 24-hour basis to respond to calls regarding the Homestay.
(3)
Failure to respond to calls in a timely and appropriate manner may result in revocation of the permit issued to allow the use of a Homestay.
(4)
For purposes of this Subsection 11, responding in a timely and appropriate manner means that an initial call shall be responded to within one hour of the time the initial call was made, and a corrective action shall commence within two hours of the initial call, if corrective action is required, to address any violation of this Section.
b.
Local contact. The owner or long-term tenant is required to immediately notify the County with any changes to their or the local contact's information.
E.
Renewal of permit.
1.
A Land Use Permit issued for a Homestay shall only be valid for one year commencing upon the effective date of the Land Use Permit, except as provided below in Subsection 3.
2.
The owner or long-term tenant shall submit an application to renew the Land Use Permit to the Department for review and approval on an annual basis as directed below.
a.
The renewal application shall be processed pursuant to the requirements set forth in Section 35.82.110 (Land Use Permits).
b.
The Land Use Permit application for the initial renewal and any subsequent renewal shall be submitted no later than 30 days prior to the expiration of the previous Land Use Permit.
3.
If the approval of a Land Use Permit for the renewal of a Land Use Permit for a Homestay has been appealed, then the validity of the Land Use Permit shall be extended until processing of the appeal(s) has been completed.
F.
Revocation.
1.
A Land Use Permit to allow a dwelling to be used as a Homestay may be revoked in compliance with Section 35.84.060 (Revocations).
2.
In addition to the basis for revocation in Section 35.84.060 (Revocations), a Land Use Permit may also be revoked if the applicant, after receiving a Land Use Permit for a Homestay and/or any renewal:
a.
Makes alterations to the property that compromise the original permit approval (e.g., removal of required parking, conversion of space);
b.
Is determined to have submitted false or misleading information to the Department, including, but not limited to, information submitted as part of the permit application;
c.
Fails to comply with the permit conditions; or
d.
Fails to obtain or comply with any other required County, state or local permit.
G.
Change of use. When the use of a structure as a Homestay is discontinued, the structure shall be converted to a new use, provided that the structure complies with all permit requirements and development standards that apply to the new, proposed use.
35.42.198 - Low Barrier Navigation Centers
A.
Purpose and intent. The purpose of this Section is to establish streamlined permit procedures and development standards for low barrier navigation centers in compliance with Government Code Sections 65660 through 65668. The State Legislature intended Government Code Sections 65660 through 65668 (Assembly Bill 101 (Ting), 2019) to promote low barrier navigation centers, which help create permanent solutions for the County's homeless population by providing residents with shelter and access to the services necessary for them to obtain permanent housing.
B.
Applicability. A low barrier navigation center may be approved on a lot in compliance with Table 2-12 (Allowed Land Uses and Permit Requirements for Commercial Zones), Table 2-13 (Allowed Land Uses and Permit Requirements for Commercial Zones), and Table 2-21 (Allowed Land Uses and Permit Requirements for Special Purpose Zones).
1.
The provisions of this Section 35.42.198 shall become null and void, and are thereby automatically repealed, on January 1, 2027, unless otherwise extended by the State Legislature.
C.
Application and processing requirements. The following application and processing requirements shall apply to applications for low barrier navigation centers:
1.
Permit required. Prior to the development of a new building or use of an existing building as a low barrier navigation center, an applicant shall submit an application for a Zoning Clearance in compliance with Section 35.80.030 (Application Preparation and Filing) and obtain a Zoning Clearance in compliance with Section 35.82.210 (Zoning Clearances).
2.
Completeness determination deadline. Within 30 days of receipt of an application for a low barrier navigation center, the Department shall notify an applicant whether the applicant's application is complete. If the Department does not make a written determination within 30 days, the application shall be deemed complete, pursuant to Government Code Section 65943, or successor statute.
3.
Decision deadline. Upon deeming an application complete, the Director shall approve, conditionally approve, or deny the application for a low barrier navigation center within 30 days.
4.
Ministerial Review. The Director shall consider an application for a low barrier navigation center ministerially without discretionary review or hearing.
5.
Conflicts with other Sections of this Development Code. Where there are conflicts between the standards in this Section 35.42.198 (Low Barrier Navigation Centers) and other requirements of this Development Code, the provisions of this Section shall prevail.
D.
Development standards. A low barrier navigation center that complies with all of the following development standards shall be allowed with a Zoning Clearance.
1.
Zoning. The low barrier navigation center shall only be located within mixed-use zones and nonresidential zones permitting two-family and multiple-family uses which consist of the following zones:
2.
Services Plan. The applicant shall submit a written services plan that identifies staffing services and demonstrates that the low barrier navigation center will offer services to connect people to permanent housing.
3.
Coordinated entry system. The low barrier navigation center shall be linked to a coordinated entry system, so that staff in the facility may conduct assessments and provide services to connect people to permanent housing. "Coordinated entry system" means a centralized or coordinated assessment system developed pursuant to Government Code Section 576.400(d) or Section 578.7(a)(8), of Title 24 of the Code of Federal Regulations, as those sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals. If the proposed project will receive funding from the County of Santa Barbara's Community Services Department, the applicant shall submit a memorandum of understanding consistent with the County's coordinated entry system procedures. If the proposed project will not receive funding from the Community Services Department, the applicant shall demonstrate compliance with the coordinated entry system requirements set forth in Government Code Section 65662(b), or successor statute.
4.
Housing First policies. The low barrier navigation center shall comply with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.
5.
Information collection. The low barrier navigation center shall have a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.
6.
Objective design review. The low barrier navigation center shall not require Design Review by the Board of Architectural Review but shall be subject to the objective design standards applicable to multiple-unit dwellings and mixed-use development in Chapter 35.33 (Multiple-Unit And Mixed-Use Housing Objective Design Standards). For purposes of this Section 35.42.198 (Low Barrier Navigation Centers), new buildings, existing buildings, and, as applicable, additions to existing buildings shall also comply with the following design review standards:
a.
Fences and walls. The low barrier navigation center shall comply with the fences and walls regulations in Section 35.30.070 (Fences and Walls).
b.
Height. The low barrier navigation center shall comply with height limitations of the applicable zone and the height measurement, exceptions, and limitations in Section 35.30.090 (Height Measurement, Exceptions and Limitations). This standard shall not apply to existing permitted buildings.
c.
Outdoor lighting. The low barrier navigation center shall comply with the lighting standards in Section 35.30.120 (Outdoor Lighting).
d.
Setbacks. The low barrier navigation center shall comply with the setback requirements of the applicable zone and the setback requirements in Section 35.30.150 (Setback Requirements and Exceptions). This standard shall not apply to existing permitted buildings.
e.
Site coverage. The low barrier navigation center shall comply with any site coverage standards of the applicable zone. This standard shall not apply to existing permitted buildings.
f.
Open space. The low barrier navigation center shall comply with any open space standards of the applicable zone. This standard shall not apply to existing permitted buildings.
g.
Signs. The low barrier navigation center shall comply with the sign standards in Chapter 35.38 (Sign Standards).
7.
Exempt from other development standards. Other than the development standards in this Subsection D, the low barrier navigation center shall not be subject to any other objective or discretionary development standards or other provisions in the Comprehensive Plan or this Development Code, including parking requirements.
(Ord. No. 5202, § 14, 2-13-2024)
35.42.200 - Mixed Use Development
The standards of this Section apply to residential uses allowed in commercial zones by Article 35.2 (Zones and Allowable Land Uses). On lots where commercial uses are present, residential uses allowed by Section 35.24.030 (Commercial Zones Allowable Land Uses), Table 2-12 shall be secondary to the principle commercial use on the same lot.
A.
Limitation on bedrooms and floor area. A residential use shall not exceed two bedrooms per 1,000 square feet of gross floor area of commercial development on the same lot; provided that the total gross floor area of residential uses shall not exceed the total gross floor area of the commercial uses.
B.
Accessory dwelling units and junior accessory dwelling units shall be exempt from the limitation on bedrooms and floor area of Subsection A, above.
35.42.205 - Mobile Homes on Permanent Foundations
A.
Purpose and applicability. This Section provides standards for mobile homes on permanent foundations that are certified under the National Mobile Home Construction and Safety Standards Act of 1974 (52 U.S.C. 5401 et seq.), in compliance with Health and Safety Code Section 18551, where allowed in compliance with Article 35.2 (Zones and Allowable Land Uses).
B.
Development standards. Mobile homes on permanent foundations allowed in compliance with this Section shall be subject to the following requirements:
1.
The mobile home shall have a roof overhang unless waived by the Director because the absence of a roof overhand would be appropriate and of good design in relation to other structures on the site and in the immediately affected surrounding area.
2.
Roofing and siding shall be non-reflective.
3.
Siding shall extend to the ground level.
35.42.210 - Replacement Housing on Non-Vacant Sites
A.
Purpose and intent. The purpose of the Section is to implement unit replacement requirements for housing development projects on non-vacant sites identified in the 2023-2031 Housing Element Update, consistent with the requirements of Government Code Section 65583.2(g)(3) and Program 3 of Chapter 5 of the 2023-2031 Housing Element Update.
B.
Applicability. The provisions of this Section apply to housing development projects that are located on non-vacant sites identified in the sites inventory of the 2023-2031 Housing Element Update that meet one or more of the following criteria:
1.
The site contains existing residential uses that are subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of low- or very low-income or any other form of rent or price control.
2.
The site contained a residential use within the past five years that has been vacated or demolished and was subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of low- or very low-income or any other form of rent or price control.
3.
The site contains existing residential uses that are occupied by low- or very low-income households.
C.
Unit replacement. All units onsite shall be replaced with units affordable to the same or lower income level as a condition of approval of development on a qualifying non-vacant housing element site. Replacement of the units shall be consistent with the unit replacement requirements of Government Code Section 65915(c)(3) or successor statute.
(Ord. No. 5207, § 6, 5-3-2024)
35.42.220 - Residential Project Convenience Facilities
A.
Purpose and applicability. This Section provides standards for residential project convenience facilities where allowed in compliance with Article 35.2 (Zones and Allowable Land Uses).
B.
DR and PRD zones. In the DR and PRD zones the following residential project convenience facilities may be allowed for the exclusive use by residents of the development:
1.
Laundromat.
2.
Meeting rooms.
3.
Accessory uses and structures customarily incidental and subordinate to the residential project.
C.
MHP zones. In MHP zones accessory uses and structures that are customarily incidental and subordinate to the residential project may be allowed.
35.42.240 - Rural Recreation
A.
Purpose and applicability. This Section provides standards for rural recreation, where allowed in compliance with Article 35.2 (Zones and Allowable Land Uses).
B.
Allowable uses and permit requirement. Low-intensity recreational development (e.g., recreational camps, hostels, campgrounds, retreats, and guest ranches, trout farm, rifle range, and duck shooting farm) may be allowed subject to a Conditional Use Permit in compliance with Section 35.82.060 (Conditional Use Permits and Minor Conditional Use Permits) provided the development complies with the applicable development standards included in Subsection C and Subsection D, below.
C.
Development standards for RMZ and MT-TORO zones. The following development standards shall apply to projects located in the RMZ and MT-TORO zones.
1.
Retreats.
a.
Groups may be assembled for periods of not to exceed 21 days.
b.
When retreats are located within Rural Areas as designated on the Comprehensive Plan maps, the retreat must require or benefit from a location surrounded by open land and the facility development shall be limited and subordinate to the character of the surrounding natural environment.
2.
Rural recreation development shall not contain accommodations for recreational vehicles if located in the RMZ and MT-TORO zones.
D.
Development standards for all rural recreation uses in the AG-II zone. The following development standards shall apply to all rural recreation projects located on property zoned AG-II, including agricultural enterprise rural recreation uses allowed in compliance with Subsection E, below.
1.
Is in character with the rural setting.
2.
Does not interfere with agricultural production on or adjacent to the lot on which it is located.
3.
Does not include commercial facilities open to the general public who are not using the recreational facility.
4.
Does not require an expansion of urban services that shall increase pressure for conversion of the affected agricultural lands.
E.
Specific allowable uses and development standards for agricultural enterprise rural recreation in the AG-II zone. The following allowable uses, permit requirements, and development standards shall apply to agricultural enterprise rural recreation projects located on property zoned AG-II, in addition to development standards in compliance with Subsection F (Additional development standards for agricultural enterprise rural recreation uses), below. These uses are allowed in addition to uses allowed in compliance with Subsection B (Allowable uses and permit requirement), above. See Section 35.28.155 (Limited Agricultural Enterprise (LAE) Overlay Zone) for additional permit requirements and limitations on lands zoned with the LAE overlay zone.
1.
Campgrounds.
a.
Low-impact camping area. Except as provided in Subsection 1.d. (Conditional Use Permit), below, a low-impact camping area may be allowed with a Zoning Clearance issued in compliance with Section 35.82.210 (Zoning Clearances) provided the operation complies with the development standards in Subsection 1.c. (Development standards for campgrounds, including low-impact camping areas), below, and the following:
(1)
A low-impact camping area shall not be allowed on an agricultural premises of less than 40 acres.
(2)
A low-impact camping area shall consist of individual campsites that may be rented for short-term overnight recreational camping.
(3)
Not more than nine campsites shall be allowed per agricultural premises.
(4)
Camping guests (campers) may bring and use their own accommodations, including tents and the following types of recreational vehicles: truck campers, van campers and conversions, travel trailers, and motorhomes.
(5)
Recreational vehicles and travel trailers shall not exceed 25 feet in length.
(6)
Landowner-provided camping accommodations, including park trailers, yurts, tent cabins, travel trailers, and recreational vehicles, shall not be allowed at low-impact camping areas.
(7)
Campsite amenities. The following campsite amenities may be provided:
(a)
Picnic tables.
(b)
Benches.
(c)
Fire rings.
(8)
New structures shall not be allowed at low impact camping areas unless necessary to provide onsite wastewater disposal.
(9)
Electrical hookups for recreational vehicles and travel trailers shall not be allowed at low-impact camping areas.
(10)
A low-impact camping area shall not be located on an agricultural premises in which at least 75 percent of the perimeter of the premises adjoins parcels that are developed with urban uses. For the purposes of this paragraph, lots that are separated only by a street or highway shall be considered to be adjoined.
(11)
24-hour onsite supervision.
(a)
The landowner shall provide 24-hour onsite supervision of the low-impact camping area to ensure camping operations are conducted in compliance with the low-impact camping area's issued permit, and who will respond to calls regarding the camping area. The 24-hour onsite supervision may be provided by the landowner, farm/ranch manager or other employee residing on the premises, or by an onsite campground host.
(b)
The landowner shall submit the name, address, and telephone number of the person who will provide the onsite supervision of camping operations and respond to calls regarding the low-impact camping area.
(c)
The landowner or person providing onsite campground supervision shall be available by telephone on a 24-hour basis to respond to calls regarding the camping area. For purposes of this Section, responding in a timely and appropriate manner means that an initial call shall be responded to within one hour of the time the initial call was made, and a corrective action shall commence within two hours of the initial call, if corrective action is required, to address any violation of this Section.
(d)
The landowner is required to immediately notify the County with any changes to the onsite supervisor's information.
(e)
If 24-hour onsite supervision will be provided by a campground host, the host may occupy one of the campsites in the host's own accommodations.
b.
Campground.
(1)
Zoning Clearance. Except as provided in Subsection 1.d. (Conditional Use Permit), below, a campground operation may be allowed with a Zoning Clearance issued in compliance with Section 35.82.210 (Zoning Clearances) provided the operation complies with the additional permit requirements in Subsection 1.b.(4) (Additional permit requirements) below, the development standards in Subsection 1.c. (Development standards for campgrounds, including low-impact camping areas), below, and the following:
(a)
The premises on which the campground operation is located does not abut land zoned AG-I or Residential.
(b)
The following number of campsites may be allowed in one campground operation per agricultural premises:
(i)
Up to 15 campsites on premises of 40 acres or more up to 100 acres.
(ii)
Up to 20 campsites on premises larger than 100 acres up to 200 acres.
(iii)
Up to 25 campsites on premises larger than 200 acres up to 320 acres.
(iv)
Up to 30 campsites on premises larger than 320 acres.
(v)
One additional campsite may be allowed per premises for each additional 200 acres over 320 acres, not to exceed a total of 60 campsites.
(2)
Land Use Permit. Except as provided in Subsection 1.d. (Conditional Use Permit), below, a campground operation may be allowed with a Land Use Permit issued in compliance with Section 35.82.110 (Land Use Permits) provided the operation complies with the additional permit requirements in Subsection 1.b.(4) (Additional permit requirements) below, the development standards in Subsection 1.c. (Development standards for campgrounds, including low-impact camping areas), below, and the following:
(a)
The premises on which the campground operation is located is larger than 100 acres and abuts land zoned AG-I or Residential.
(b)
The following number of campsites may be allowed in one campground operation per agricultural premises:
(i)
Up to 15 campsites on premises larger than 100 acres up to 200 acres.
(ii)
Up to 20 campsites on premises larger than 200 acres up to 320 acres.
(iii)
Up to 30 campsites on premises larger than 320 acres.
(iv)
One additional campsite may be allowed per premises for each additional 200 acres over 320 acres, not to exceed a total of 60 campsites.
(c)
Amplified sound shall not be allowed within the campground.
(3)
Minor Conditional Use Permit. Except as provided in Subsection 1.d. (Conditional Use Permit), below, a campground operation may be allowed with a Minor Conditional Use Permit issued in compliance with Section 35.82.060 (Conditional Use Permits and Minor Conditional Use Permits) provided the operation complies with the additional permit requirements in Subsection 1.b.(4) (Additional permit requirements) below, the development standards in Subsection 1.c. (Development standards for campgrounds, including low-impact camping areas), below, and the following:
(a)
The premises on which the campground operation is located abuts land zoned AG-I and Residential and is 40 acres to 100 acres in size.
(i)
Up to 15 campsites may be allowed in one campground operation per agricultural premises.
(b)
The premises on which the campground operation is located is surrounded by lands zoned AG-I.
(i)
The following number of campsites may be allowed in one campground operation per agricultural premises:
1.
Up to 15 campsites on premises of 40 acres or more up to 200 acres.
2.
Up to 20 campsites on premises larger than 200 acres up to 320 acres.
3.
Up to 30 campsites on premises larger than 320 acres.
4.
One additional campsite may be allowed per premises for each additional 200 acres over 320 acres, not to exceed a total of 60 campsites.
(c)
Amplified sound shall not be allowed within the campground.
(4)
Additional permit requirements. The following requirements shall be met in order to qualify for a campground permit pursuant to Subsections 1.b.(1) through 1.b.(3) above:
(a)
Only one campground operation shall be allowed per agricultural premises.
(b)
A campground operation shall not be allowed on an agricultural premises of less than 40 acres.
(c)
A campground operation may include low-impact, wilderness campsites, individual developed campsites, or any combination thereof which may be rented for short-term overnight recreational camping.
(d)
Campground development areas. Campsites shall be located within a campground development area. More than one campground development area may be allowed as part of one campground operation, provided the maximum number of campsites per premises is not exceeded pursuant to Subsections b.(1)(b), Subsection b.(2)(b), Subsection b.(3)(a)(i), and Subsection b.(3)(b)(i), as applicable, and in compliance with the following:
(i)
Not more than two campground development areas may be allowed on premises of less than 320 acres.
(ii)
Not more than four campground development areas may be allowed on premises of 320 acres or larger.
1.
On premises with more than one campground development area, one of the campground development areas may be reserved for tent camping only.
(iii)
Individual remote campground development areas shall not exceed one contiguous acre.
(iv)
The combined campground development areas, including improvements such as road widening, turn-outs, or new access roads required to comply with County Fire Department access requirements, shall not exceed five acres of total disturbance.
(e)
Landowner-provided camping accommodations.
(i)
Landowner-provided camping accommodations may include a recreational vehicle (such as a motorhome or travel trailer but not a park trailer), tent cabin, or yurt.
(ii)
Not more than 70 percent of the total number of the proposed campsites on the premises may be occupied by a landowner-provided accommodation.
(f)
Campground accessory structures and amenities. The following accessory structures and amenities may be provided:
(i)
Community restroom/shower facility.
(ii)
Incidental food service in compliance with Section 35.42.035.C.4 (Incidental Food Service).
(iii)
Picnic tables.
(iv)
Benches.
(v)
Shade ramadas.
(vi)
Community barbeque.
(vii)
Fire rings.
(g)
24-Hour onsite supervision.
(i)
The landowner shall provide 24-hour onsite supervision of the campground to ensure campground operations are conducted in compliance with the campground's issued permit, and who will respond to calls regarding the campground. The 24-hour onsite supervision may be provided by the landowner, farm/ranch manager or other employee residing on the premises, or by an onsite campground manager, or campground host.
(ii)
The landowner shall submit the name, address, and telephone number of the person who will provide the onsite supervision of campground operations and respond to calls regarding the campground.
(iii)
The landowner or person providing onsite campground supervision shall be available by telephone on a 24-hour basis to respond to calls regarding the campground. For purposes of this Section, responding in a timely and appropriate manner means that an initial call shall be responded to within one hour of the time the initial call was made, and a corrective action shall commence within two hours of the initial call, if corrective action is required, to address any violation of this Section.
(iv)
The landowner is required to immediately notify the County with any changes to the onsite supervisor's information.
(v)
If 24-hour onsite supervision will be provided by a campground host, the host may occupy one of the campsites in either the host's own accommodations or a landowner-provided accommodation.
c.
Development standards for campgrounds, including low-impact camping areas.
(1)
Setbacks from adjacent premises. All low-impact camping areas and campgrounds shall comply with the following setbacks.
(a)
A minimum 100-foot setback from the lot line of the agricultural premises on which the camping and campground facilities and activities are located.
(b)
All low-impact camping areas and campgrounds shall be located no closer than 400 feet from a residence that is located on an adjacent property that is not a part of the agricultural enterprise premises.
(c)
Setbacks from adjacent commercial farming operations. The following setbacks shall apply to commercial farming operations located on adjacent premises when the agricultural commodity has been in commercial cultivation (tilled for agricultural use and planted with a crop). For the purpose of this setback, an adjacent commercial farming operation may touch at a point or share a common boundary with the low-impact camping area or campground premises, or may be separated by an intervening road or street (excluding a four-lane highway), railroad right-of-way or other public facility.
(i)
A minimum 200 feet from the lot line of the agricultural premises on which the low-impact camping area or campground is located when a commercial food crop, orchard, or vineyard farming operation is located on the adjacent agricultural premises. For the 200-foot setback to apply, the adjacent food crop, orchard, or vineyard farming operation must comply with all of the following:
1.
Be part of a commercial farming operation where the primary land use of the premises shall be the production of one or more agricultural commodities for commercial purposes.
2.
Have a minimum of 10 acres of food crops, orchards, or vineyards planted (with allowances for fallow periods, change of crop or production method) or a demonstrated planting history of a minimum of 10 acres of food crops, orchards, or vineyards planted within at least three of the previous 10 years. For the purpose of this setback, the previous 10 years shall be measured from application submittal for the low-impact camping area or campground.
(iii)
Adjustments. As part of a permit to be reviewed and approved by the Department, the setbacks from adjacent commercial farming operations in Subsection c.(i) above may be adjusted downward in the following circumstances:
1.
Where intervening topography, roads, protected habitats, or other geographic features preclude cultivation of food crops, orchards, or vineyards on the adjacent agricultural premises within 200 feet of the common lot line. The setback reduction shall be commensurate with the width of the land that cannot be cultivated.
2.
Where the commercial cultivation on the adjacent agricultural premises does not occur in close proximity to the common lot line, the setback may be adjusted downward provided at least 200 feet is maintained between the low-impact camping area or campground and the food crop, orchard, or vineyard.
3.
Where the low-impact camping area or campground is separated from an adjacent commercial farming operation by a four-lane highway, the setback from commercial farming operations shall not apply.
4.
Where residential development (e.g. an existing residence, farm employee dwelling, accessory dwelling unit, or similarly-occupied building) or other development which is existing as of January 9, 2025, is located on the proposed low-impact camping area or campground premises within 200 feet of an adjacent premises with a commercial food crop, orchard, or vineyard farming operation, the setback from the adjacent commercial farming operation may be reduced by up to 50 percent, provided the agricultural enterprise use is located no closer than the aforementioned existing development.
In determining whether the criteria for a setback adjustment from adjacent commercial farming operations has been met, the Department may consider any mutual agreement between the applicant and the adjacent premises owner regarding the need for setbacks from the adjacent commercial farming operations.
(2)
Length of stay. Not more than 14 consecutive nights per person and not more than 28 nights per person per calendar year. Each stay must be separated from a previous stay anywhere on the premises by at least one week.
(3)
Maximum occupancy. Not more than eight persons shall occupy one individual campsite.
(4)
Not more than two vehicles shall be parked at each campsite.
(5)
Parking. The following parking standards shall apply to campgrounds and low-impact camping areas.
(a)
A minimum of one parking space per campsite shall be required.
(b)
Parking shall not be allowed within a road right-of-way or trail easement.
(c)
Campsite parking areas shall have an all-weather surface consisting of a minimum of crushed rock, asphalt, chip seal, concrete, brick, or other masonry paving units or equivalent surface. The use of any non-permeable surface materials shall be the minimum necessary to comply with requirements for the provision of disabled access.
(6)
Access notification. If access to the campground or low-impact camping area will be taken via a private driveway or road easement, the applicant shall notify all neighboring property owners affected by the easement of the proposed campground or low-impact camping area.
(7)
Quiet hours. The campground or low-impact camping area operation shall maintain quiet hours in effect from 9:00 p.m. to 7:00 a.m. seven days a week.
(8)
Pets. If allowed by the property owner, pets shall be secured on the premises and on leash at all times.
(9)
Design review. Design review shall be required for new structural development when required pursuant to Section 35.82.070. In addition to exceptions to design review pursuant to Section 35.82.070 and Subsection 35.28.080.G (Santa Ynez Valley Community Plan Area), the Director may exempt new campground structures from design review requirements if the new development is not visible from public roadways or other areas of public use (e.g., public parks).
(10)
The campground or low-impact camping area shall not be located on property zoned with the Critical Viewshed Corridor Overlay unless the Director determines that the location of the campground is not visible from Highway 101 due to natural intervening topography.
(11)
Transient Occupancy Tax (TOT). If required based on the type of accommodations provided, the campground owner/operator shall maintain a TOT license and remain current on all required TOT reports and payments.
d.
Conditional Use Permit.
(1)
On lands zoned with the Limited Agricultural Enterprise (LAE) overlay zone (Section 35.28.155) a low-impact camping area or campground operation in compliance with Subsection E.1.a or Subsection E.1.b, and Subsection E.1.c, above, may be allowed with a Minor Conditional Use Permit approved in compliance Section 35.82.060 (Conditional Use Permits and Minor Conditional Use Permits) and Subsection F (Additional development standards for agricultural enterprise rural recreation uses), below.
(2)
A low-impact camping or campground operation that may not be allowed in compliance with Subsection E.1.a, Subsection E.1.b, or Subsection E.1.c, above, may be allowed with a Conditional Use Permit approved in compliance with Section 35.82.060 (Conditional Use Permits and Minor Conditional Use Permits).
e.
Advertising. All advertising for a campground operation or low-impact camping area shall include the permit number in the advertisement text.
f.
Revocation. In addition to the bases for revocation in Section 35.84.060 (Revocations), a Zoning Clearance for a low-impact camping area or campground may be revoked if the Permittee:
(1)
Makes unpermitted alterations to the property that compromise the original permit approval (e.g., removal of required parking);
(2)
Is determined to have submitted false or misleading information to the Department (e.g., information submitted as part of the permit application);
(3)
Receives, within a 12-month period, more than two documented violations regarding the campground or camping operation. Evidence of documented violations includes, but is not limited to, notices of violation, notices of determination of fines, orders to abate, citations, orders to cease and desist, or other documentation filed by County staff or law enforcement;
(4)
Advertises a larger number of campsites, campgrounds, or longer stays than allowed by the approved permit or the provisions of this Development Code.
(5)
Fails to comply partially or wholly with any of the permit conditions;
(6)
Fails to comply with State or County fire regulations (e.g., access requirements, maintenance of fire lanes, restrictions for campfires);
(7)
Fails to comply with County health regulations;
(8)
Fails to obtain or comply with any other required County, state or local permit;
(9)
Fails to comply with public health orders or emergency regulations issued by State or local authorities which limit use and occupancy of campgrounds; or
(10)
Fails to pay, or is delinquent in payment of, Transient Occupancy Tax if applicable, fines, or penalties.
2.
Fishing operation.
a.
Applicability. A fishing operation may be allowed within an artificial pond or reservoir stocked with fish in compliance with the California Fish and Game Code and the California Freshwater Sport Fishing Regulations, as may be amended, and subject to the following permit requirements. See Section 35.28.155 (Limited Agricultural Enterprise (LAE) Overlay Zone) for additional permit requirements and limitations on lands zoned with the LAE overlay zone.
b.
Permit requirements.
(1)
Exempt. A fishing operation may be exempt from the requirements to obtain a permit in compliance with Section 35.20.040 (Exemptions from Planning Permit Requirements) provided the operation complies with the following development standards:
(a)
The operation is limited to 20 participants daily.
(b)
The operation does not propose the construction of any new structure(s) or any additions to existing structures that would require a planning permit.
(c)
The operation does not propose construction of a new pond.
(2)
Zoning Clearance. A fishing operation that may not be allowed in compliance with Subsection E.2.b.(1), above, may be allowed with a Zoning Clearance issued in compliance with Section 35.82.210 (Zoning Clearances) provided the operation complies with the following development standards:
(a)
The operation is limited to 30 participants daily.
(b)
The floor area (gross) of any new structure is less than 600 square feet.
(c)
Total ground disturbance for the fishing operation, including grading for new pond construction, parking, and any accessory structures, shall not exceed one acre.
(3)
Conditional Use Permit.
(a)
On lands zoned with the Limited Agricultural Enterprise (LAE) overlay zone (Section 35.28.155) a fishing operation in compliance with the standards of Subsections E.2.b.(1) or E.2.b.(2), above, may be allowed with a Minor Conditional Use Permit approved in compliance Section 35.82.060 (Conditional Use Permits and Minor Conditional Use Permits) and Subsection F (Additional development standards for agricultural enterprise rural recreation uses), below.
(b)
A fishing operation that may not be allowed in compliance with Subsections E.2.b.(1) or E.2.b.(2), above, may be allowed with a Conditional Use Permit approved in compliance with Section 35.82.060 (Conditional Use Permits and Minor Conditional Use Permits).
c.
Parking and parking areas.
(1)
Parking areas associated with a fishing operation may be unimproved; however, dust generation shall not be allowed to become a nuisance and shall be kept to a minimum through the periodic wetting of the surface.
(2)
Parking areas shall comply with the applicable disabled access requirements of Title 24 of the California Code of Regulations.
(3)
Parking shall not be allowed within a road right-of-way or trail easement.
3.
Horseback riding.
a.
Exempt. A horseback riding operation may be exempt from the requirements to obtain a permit in compliance with Section 35.20.040 (Exemptions from Planning Permit Requirements) provided the operation complies with the following development standards:
(1)
The horseback riding operation is limited to 24 participants daily.
(2)
The horseback riding operation may include the following options:
(a)
Riders may bring their own horses to the premises for riding.
(b)
Horses may be brought to the premises for rental and riding on the premises.
(c)
Rental of horses for horseback riding at existing stables that were permitted for the personal use of a landowner or for commercial boarding in compliance with Table 2-1 of Section 35.21.030 (Agricultural Zones Allowable Land Uses) or Section 35.42.060 (Animal Keeping).
(3)
The operation does not propose the construction of any new structure(s) or any additions to existing structures that would require a planning permit.
(4)
The operation does not propose the construction of any new roads or trails.
b.
Land Use Permit. A horseback riding operation that may not be allowed in compliance with Subsection E.3.a, above, may be allowed with a Land Use Permit issued in compliance with Section 35.82.110 (Land Use Permits) and Section 35.21.030 (Agricultural Zones Allowable Land Uses - Table 2-1 , Equestrian Facilities).
c.
Parking and parking areas.
(1)
Parking areas associated with a horseback riding operation may be unimproved; however, dust generation shall not be allowed to become a nuisance and shall be kept to a minimum through the periodic wetting of the surface.
(2)
Parking areas shall comply with the applicable disabled access requirements of Title 24 of the California Code of Regulations.
(3)
Parking shall not be allowed within a road right-of-way or trail easement.
4.
Hunting.
a.
Applicability. A hunting operation may be allowed only in compliance with the California Fish and Game Code and California Department of Fish and Wildlife Hunting Regulations, as may be amended, Chapter 14A (Firearms) of the County Code, and subject to the following permit requirements. See Section 35.28.155 (Limited Agricultural Enterprise (LAE) Overlay Zone) for additional permit requirements and limitations on lands zoned with the LAE overlay zone.
b.
Permit requirements.
(1)
Exempt. A hunting operation may be exempt from the requirements to obtain a permit in compliance with Section 35.20.040 (Exemptions from Planning Permit Requirements) provided the operation complies with the following development standard:
(a)
The operation does not propose the construction of any new structure(s) or any additions to existing structures that would require a planning permit or new water or wastewater permit.
(2)
Zoning Clearance. A hunting operation that may not be allowed in compliance with Subsection E.4.b.(1), above, may be allowed with a Zoning Clearance issued in compliance with Section 35.82.210 (Zoning Clearances) provided the operation complies with the following development standard:
(a)
The gross floor area of any new structure associated with the operation is less than 600 square feet.
(3)
Conditional Use Permit. A hunting operation that may not be allowed in compliance with Subsections E.4.b.(1) or E.4.b.(2), above, may be allowed with a Conditional Use Permit approved in compliance with Section 35.82.060 (Conditional Use Permits and Minor Conditional Use Permits).
c.
Parking and parking areas.
(1)
Parking areas associated with a hunting operation may be unimproved; however, dust generation shall not be allowed to become a nuisance and shall be kept to a minimum through the periodic wetting of the surface.
(2)
Parking areas shall comply with the applicable disabled access requirements of Title 24 of the California Code of Regulations.
(3)
Parking shall not be allowed within a road right-of-way or trail easement.
F.
Additional development standards for agricultural enterprise rural recreation uses. The following development standards shall apply to the specific allowable uses allowed in compliance with Subsection E (Specific allowable uses and development standards for agricultural enterprise rural recreation uses in the AG-II zone), above.
1.
Agricultural use required. The primary land use of the premises shall be the production of one or more agricultural commodities for commercial purposes. The use shall be incidental, supportive, and supplemental to the primary agricultural use.
2.
The use shall not significantly compromise the agricultural operations or the long-term productive agricultural capability or natural resources of the subject premises or adjacent and surrounding premises.
3.
Unless determined to be not applicable by the relevant department, prior to commencement of an exempt use in compliance with Section 35.20.040 (Exemptions from Planning Permit Requirements), the issuance of a Zoning Clearance issued in compliance with Section 35.82.210 (Zoning Clearances), or the approval of a Land Use Permit approved in compliance with Section 35.82.110 (Land Use Permits), the use shall be reviewed and approved by:
a.
The Public Health Department in regards to the provision of sufficient onsite wastewater disposal in compliance with Chapter 18C (Environmental Health Services), and sufficient potable water in compliance with Chapter 35B (Domestic Water Systems), of the County Code.
b.
The County Fire Department in regards to fire safety in compliance with Chapter 15 (Fire Prevention) of the County Code.
4.
The rural recreation use shall not include a new at-grade crossing of Highway 101 or State highway.
5.
The rural recreation operator shall collect and dispose of solid waste generated by the operation by one of the following methods, in compliance with Chapter 17 (Solid Waste Systems) of the County Code:
a.
Contract with a waste collection company to provide regular solid waste handling services.
b.
Transport the solid waste to an authorized solid waste facility.
c.
Implement and enforce a "Leave No Trace" or "Pack In, Pack Out" policy for the recreational users.
d.
Centralized waste collection and storage areas shall be screened from public view and waste receptacles and containers shall be covered.
6.
Fire Protection Plan. Unless determined to be not applicable by the County Fire Department, prior to commencement of rural recreation uses that bring the public to the premises with an exemption in compliance with Section 35.20.040 (Exemptions from Planning Permit Requirements), issuance of a Zoning Clearance issued in compliance with Section 35.82.210 (Zoning Clearances), or the approval of a Land Use Permit approved in compliance with Section 35.82.110 (Land Use Permits) or Conditional Use Permit in compliance with Section 35.82.060 (Conditional Use Permits and Minor Conditional Use Permits), the applicant shall submit a Fire Protection Plan to the County Fire Department for review, approval, and applicable permitting in compliance with Chapter 15 (Fire Prevention) of the County Code. The Fire Protection Plan shall identify, as applicable to the specific rural recreation use(s), potential ignition sources (such as campfire rings), measures intended to reduce the potential for wildfire, firefighting infrastructure (e.g., all weather access, water sources, fire extinguishers), emergency ingress and egress, emergency evacuation routes and shelter locations in the event of wildfire, and any additional information required by the County Fire Department. The Fire Protection Plan shall be updated and resubmitted, as necessary, should there be any changes to the conditions on the site (such as increased intensity of uses, change of use, or additional uses). The County Fire Department shall retain the ability to modify the conditions in the Fire Protection Plan to address any safety issues that may arise.
7.
Setbacks from sensitive habitats.
a.
Rural recreation uses and related development, including building and structures, parking, grading, and ground-disturbing activities in support of new development, shall be located a minimum of 100 feet from the edge of the following sensitive habitats:
(1)
Streams and creeks, i.e., riparian habitat, or if riparian habitat is not present, from the top-of-bank of the stream or creek
(2)
Wetlands
(3)
Vernal pools
(4)
Native woodlands and forests
(5)
Native shrub lands (e.g., chaparral and coastal sage scrub)
(6)
Native grasslands
(7)
Environmentally Sensitive Habitats as designated by a community plan. If this setback conflicts with a setback designated by a community plan, the setback most protective of the biological resource shall apply.
b.
The habitat boundary and 100-foot setback shall be depicted on all plans submitted to the Department.
c.
Projects located within or near critical habitat for rare, endangered or threatened species listed by State or federal agencies under the California Endangered Species Act or federal Endangered Species Act, or within plant communities known to contain rare, endangered, or threatened species, shall consult with the appropriate State or federal agency prior to commencing and exempt use, prior to issuance of a Zoning Clearance, or prior to approval of a Land Use Permit or Conditional Use Permit, as applicable.
8.
Oak tree and other native tree protection. Any new development or parking areas for a rural recreation use, including grading and ground-disturbing activities in support of new development or parking areas, shall be located at least six feet outside the canopy dripline of oak trees and other native trees species. If a permit is required, applicants proposing to encroach within this setback shall be required to submit an arborist report and if applicable, a tree protection and replacement plan to the Department for review and approval.
9.
Fencing for wildlife movement. If fencing is required for rural recreation uses, the fencing shall be designed in compliance with the following standards to allow for the safe passage of wildlife.
a.
Fences and gates shall be wildlife-permeable.
b.
The distance between the bottom wire or rung and the ground surface shall be a minimum of 18 inches.
c.
Fencing materials may include the use of rails, smooth wire, and similar materials. Barbed wire shall not be used for agricultural enterprise rural recreation uses unless necessary to separate livestock operations from the use.
10.
Cultural resources. Archaeological and other tribal cultural resources shall be protected in compliance with applicable cultural resource protection policies and the requirements of the County "Guidelines for Determining the Significance of and Impacts to Cultural Resources - Archaeological, Historic, and Tribal Cultural Resources," as applicable. If subsurface ground disturbing activities are proposed for rural recreation uses on lands where no previous permitted ground disturbance or prior archaeological surveys have occurred, the applicant shall submit to the Department a Phase 1 cultural resource study prepared by a qualified archaeologist documenting the absence or presence of cultural resources in the project area. In the event the Phase 1 cultural resources study determines the presence of resources or that additional investigation is required, the applicant shall follow the subsequent requirements of "Guidelines for Determining the Significance of and Impacts to Cultural Resources - Archaeological, Historic, and Tribal Cultural Resources."
11.
Historic resources. Historic resources shall be preserved, restored, and renovated consistent with applicable historic resource protection policies and the requirements of the County "Guidelines for Determining the Significance of and Impacts to Cultural Resources - Archaeological, Historic, and Tribal Cultural Resources," as applicable. Applicants proposing to repurpose existing structures that are greater than 50 years in age and/or designated as an historic landmark or place of historic merit for an agricultural enterprise use shall submit to the Department a Phase 1 investigation prepared by a qualified historian, unless waived by the Director. In the event the Phase 1 investigation determines the presence of resources or that additional investigation is required, the applicant shall follow the subsequent requirements of "Guidelines for Determining the Significance of and Impacts to Cultural Resources - Archaeological, Historic, and Tribal Cultural Resources."
12.
Hazardous materials avoidance and incidental discovery. Rural recreation uses shall be located to avoid areas that are known to be contaminated with hazardous agricultural chemicals. In the event that previously unknown or unidentified soil and/or groundwater contamination that could present a threat to human health or the environment is encountered during grading or construction for an agricultural enterprise use, construction activities in the immediate vicinity of the contamination shall cease immediately and the applicant shall immediately notify the Department and, as applicable, the Hazardous Waste Unit of County Fire and Site Mitigation Unit of County Environmental Health.
13.
Signs. Signs accessory to a rural recreation use shall comply with Chapter 35.38 (Sign Standards).
14.
Lighting. Lighting accessory to a rural recreation use shall comply with Section 35.30.120 (Outdoor Lighting).
15.
Informational advisory. The rural recreation operator shall provide an informational advisory to visitors disclosing the following:
a.
The rural recreation use is located on an active agricultural operation and visitors may be exposed to minor inconveniences associated with the agricultural operation such as noise, dust, and odors from agricultural operations on the premises and/or adjacent agricultural lands.
b.
The informational advisory shall also advise potential guests that visitors to active agricultural lands must respect the property and pre-existing agricultural operations, and avoid trespassing beyond designated visitor areas.
(Ord. No. 5226, § 12, 12-10-2024)
35.42.245 - Short-Term Rentals
A.
Purpose and applicability.
1.
Purpose. The purpose of this Section is to establish standards that will regulate the use of structures as Short-Term Rentals in order to ensure that Short-Term Rentals are compatible with and do not adversely impact surrounding properties.
2.
Applicability.
a.
Short-Term Rentals existing as of the effective date of this ordinance (16ORD-00000-00009).
(1)
Short-Term Rentals that may be permitted.
(a)
For Short-Term Rentals that may be permitted in compliance with Article 35.2 (Zones and Allowable Land Uses) to continue operating the owner or long term tenant must apply for and be issued a permit that allows the continued use of a structure as a Short-Term Rental within 333 days following the effective date of this ordinance (16ORD-00000-00009).
(b)
If the required permit is not issued within 333 days following the effective date of this ordinance (16ORD-00000-00009), then use of the structure as a Short-Term Rental shall cease. If the use of a structure as a Short-Term Rental does not cease, then this use shall be considered a violation of this Development Code and subject to enforcement in compliance with Chapter 35.108 (Enforcement and Penalties).
(2)
Short-Term Rentals that may not be permitted. The use of a structure as a Short-Term Rental in zones where Short-Term Rentals may not be permitted in compliance with Article 35.2 (Zones and Allowable Land Uses) shall cease no later than 333 days following the effective date of this ordinance (16ORD-00000-00009). If the use of a structure as a Short-Term Rental does not cease within this period, then this use shall be considered a violation of this Development Code and subject to enforcement in compliance with Chapter 35.108 (Enforcement and Penalties).
3.
Permit requirement. Short-Term Rentals may only be located in certain commercial and special purpose zones in compliance with the permit requirement identified in Article 35.2 (Zones and Allowable Land Uses). The required permit shall be obtained and all conditions of the permit shall be satisfied prior to the commencement of a Short-Term Rental.
4.
Accessory dwelling units and junior accessory dwelling units. The use of an accessory dwelling unit or junior accessory dwelling unit as a Short-Term Rental shall be prohibited in all zones.
35.42.250 - Small Animal Hospitals
Where allowed by Article 35.2 (Zones and Allowable Land Uses), small animal hospitals shall be designed, constructed and operated so that all animals shall be kept within a completely enclosed, soundproof building designed to eliminate outdoor odor and reduce the level of noise so that adjacent residential properties will not be adversely affected in any way by noise or odors.
35.42.260 - Temporary Uses and Trailers
A.
Purpose and intent. The Section provides permit requirements and development standards for temporary uses and structures, including the semi-permanent use of trailers, where allowed by Article 35.2 (Zones and Allowable Land Uses). This section also provides standards for determining which types of temporary uses are exempt from the requirement to obtain a planning permit. The intent is to give special consideration to temporary uses and structures in order to prevent adverse effects on surrounding properties through the application of appropriate conditions.
B.
Applicability.
1.
Does not apply to wineries or amusements regulated separately. This Section shall not apply to any use of property that is regulated by Section 35.42.280 (Wineries) of this Article or Chapter 6 (Amusements) of the County Code.
2.
Permits required. Each temporary use of land including trailers identified in Table 4-14 through Table 4-19 , below, may be allowed in compliance with the approval of the applicable permit identified in the table.
3.
Similar temporary events/uses.
a.
Exempt from permit requirements. Other temporary uses that are not included in Table 4-14 through Table 4-19 may be allowed without the requirement for a permit when the Director determines that the proposed temporary use:
(1)
Is similar to those identified in this Section as being exempt from permit requirements; and
(2)
The proposed temporary use does not have the potential to result in an adverse effect on surrounding properties.
b.
Land Use Permit required. Other temporary uses that are not included in Table 4-14 through Table 4-19 may be allowed by a Land Use Permit in compliance with Section 35.82.110 (Land Use Permits) if the Director determines that the proposed temporary use is similar to those uses allowed by a Land Use Permit.
4.
Other approvals required. All temporary electrical facilities, temporary toilet and plumbing facilities, and temporary shelters or structures shall receive all necessary approvals from the Director, the Public Health Department, and the County Fire Department or applicable fire protection district.
C.
Contents of application. An application for a temporary use shall be filed in compliance with Chapter 35.80 (Permit Application Filing and Processing).
D.
Permit processing.
1.
Compliance with development standards. Permits for temporary uses and trailers subject to the provisions of this Section shall not be approved or issued except in compliance with the requirements of this Section and other applicable development standards of this Development Code. Temporary uses that are exempt from a planning permit shall still comply with any applicable development standards of this Development Code.
3.
Timeline to approve Land Use Permit. Except for trailers allowed in compliance with Subsection G. (Trailer use) below, the Director shall approve, conditionally approve, or deny an application for a Land Use Permit within 30 days of submittal of a complete application to the Department.
4.
Notification of Supervisor. Except for trailers allowed in compliance with Subsection G. (Trailer use) below, a Conditional Use Permit or Minor Conditional Use Permit, or Land Use Permit that allows the establishment of a temporary use of land shall not be approved (in the case of a Conditional Use Permit or Minor Conditional Use Permit) or issued (in the case of a Land Use Permit) until the Supervisor of the Supervisorial District in which the temporary use is proposed, or his or her designated representative, has been notified of the application.
5.
Notice. Notice of a Conditional Use Permit or Minor Conditional Use Permit, or Land Use Permit for a temporary use, shall be provided in compliance with Chapter 35.106 (Noticing and Public Hearings).
6.
Appeal. The action of the review authority to approve, conditionally approve, or deny a Conditional Use Permit or Minor Conditional Use Permit, or Land Use Permit for a temporary use, shall be final subject to appeal in compliance with Chapter 35.102 (Appeals).
Key to Zone Symbols
Notes:
(1) See Article 35.11 (Glossary) for land use definitions.
Key to Zone Symbols
Notes:
(1) See Article 35.11 (Glossary) for land use definitions.
Notes:
(1) See Article 35.11 (Glossary) for land use definitions.
(2) Use not allowed in the EX-1 zone.
(3) Use not allowed in the SLP, MHP, and MHS zones.
Key to Zone Symbols
Notes:
(1) See Article 35.11 (Glossary) for land use definitions.
Key to Zone Symbols
Notes:
(1) See Article 35.11 (Glossary) for land use definitions.
Key to Zone Symbols
Notes:
(1) See Article 35.11 (Glossary) for land use definitions.
Key to Zone Symbols
Notes:
(1) See Article 35.11 (Glossary) for land use definitions.
E.
Development standards for all temporary uses. Except for trailers allowed in compliance with Subsection G. (Trailer use) below, temporary uses allowed under Subsection B. (Applicability) above shall comply with the following development standards:
1.
Time limit. Temporary uses shall not continue for more than five consecutive days unless otherwise specified in the approved permit or in Subsection F. (Permit requirements and development standards for specific temporary uses) below.
2.
Compliance with regulations. The applicant for the temporary use shall comply with all provisions of the laws of the County, including the County Business License Ordinance and any conditions imposed in compliance with this Section or other requirements of this Development Code.
3.
Conditions of approval. The review authority shall have the right to impose reasonable conditions upon the operation of the temporary use in order to protect and preserve the public health, safety, and welfare. Noncompliance with any conditions of approval of a permit for a temporary use shall constitute a violation of this Development Code. Conditions may include:
a.
Special setbacks and buffers.
b.
Regulation of outdoor lighting.
c.
Regulation of points of vehicular ingress and egress, the location of parking areas, and implementation of a parking plan, including:
(1)
The requirement for a parking coordinator to be present at all times during any temporary event attended by 100 or more persons to manage and direct vehicular movement.
(2)
The use of dust control measures to keep dust generation to a minimum and to minimize the amount of dust leaving the site.
(3)
Appropriate signage placed onsite, placed prior to the commencement of each event, directing visitors to and indicating the location of parking areas.
d.
Regulation of noise, vibration, odors, etc.
e.
Regulation of the number, height and size of temporary structures, equipment, and signs.
f.
Limitation on the hours and days of operation.
g.
Limitation on the location where sales of goods may occur, the number of vendors, and the scope of goods to be sold.
h.
Obtaining all the appropriate Public Health Department permits and authorizations if food sales are involved.
i.
Review and approval of the proposed temporary use by the County Fire Department or applicable fire protection district, if required.
j.
Obtaining a County Business License if necessary.
k.
Mission Canyon Community Plan area. Within the Mission Canyon Community Plan area on properties five acres or greater in size, the proposed temporary use shall require an approved Fire Protection Plan in compliance with Policy FIRE-MC-4 to avoid onsite and offsite emergency evacuation impacts.
4.
Clearing of site following event. The area used as a temporary event shall be left in a clean and orderly manner with all structures, signs, and other material removed within three days following the cessation of the event.
5.
Additional findings. A permit for a temporary use shall be approved only if all of the following findings, in addition to the findings required for approval of a Conditional Use Permit or Minor Conditional Use Permit, or Land Use Permit in compliance with Section 35.82.060 (Conditional Use Permits and Minor Conditional Use Permits) and Section 35.82.110 (Land Use Permits), are first made:
a.
The site is adequate in size and shape to accommodate the proposed temporary use.
b.
The proposed temporary use will not adversely interfere with existing uses on the subject property, and will not impede or adversely impact pedestrian access ways or vehicular circulation patterns.
F.
Permit requirements and development standards for specific temporary uses. This Section provides the permit requirements and development and operational standards for specific temporary uses of property, except for trailers allowed in compliance with Subsection G. (Trailer use) below, in addition to the permit requirements and development standards identified in Table 4-14 through Table 4-19 . The temporary uses of property may include the erection of temporary structures (e.g., fences, booths, tents, or the parking of trailers) for use during the period of time that the temporary use is operating.
1.
Carnivals, circuses, and similar activities. Carnivals, circuses, and similar activities, including amusement parlors, art and craft fairs (including the sale of antiques and art objects), Ferris wheels, menageries, merry-go-rounds, outdoor shooting galleries, penny arcades, prizefights, religious assemblies, shooting matches, tent shows, trained animal shows, turkey shoots and wrestling matches, may be allowed provided they are located on property with an agricultural, commercial or industrial zone designation.
2.
Car washes. Car washes, located on property with a commercial zone designation, with sponsorship limited to educational, fraternal, religious, or service institutions and organizations directly engaged in civic, charitable and philanthropic efforts, may be allowed in compliance with the following permit requirements and development standards.
3.
Certified farmers markets, incidental. Certified farmers markets when incidental to a conference center, fairground, meeting facility, school, or government or philanthropic institution.
4.
Charitable and other noncommercial functions. The use of a lot for charitable and other noncommercial functions where the owner or tenant of the lot receives no remuneration, including fundraisers, parties, receptions, weddings and other similar gatherings, may be allowed in compliance with the following permit requirements and development standards.
5.
Mobile vendors. Mobile vendors may be allowed in compliance with the following permit requirements and development standards.
6.
Parking lot sales. Parking lot sales located on a lot with a C-2 or C-3 zone designation may be allowed in compliance with the following permit requirements and development standards.
a.
Additional requirements.
(1)
The review authority shall not approve or issue the applicable planning permit unless the review authority finds that the proposed sale will not be detrimental to the public health, safety, and welfare and that adequate onsite pedestrian access and parking will exist during the proposed sale.
(2)
The review authority may impose any reasonable conditions as necessary to protect and preserve the public health, safety, and welfare.
7.
Public assembly facilities. Events occurring in approved convention centers, meeting halls, theaters, or other permitted public assembly facilities are exempt from the permit requirements of this Section provided the event is consistent with the uses allowed in that facility in compliance the planning permit approved and/or issued for the facility.
8.
Public property. Events held at a County park or on other County-owned land are exempt from permit requirements when conducted with the approval of the County.
9.
Reception facilities. Reception facilities providing indoor or outdoor facilities that are accessory and incidental to the principal use of the property on a temporary, commercial basis for receptions, parties, weddings, or other similar gatherings that are not included in Subsection F.7 (Public assembly facilities) above.
10.
Rodeos and other equestrian events. Rodeos and other equestrian events may be allowed in compliance with the following permit requirements and development standards.
11.
Seasonal sales lots. Seasonal temporary sales activities (e.g., Christmas trees, Halloween pumpkins, Thanksgiving materials) not subject to the regulations of Section 35.42.050 (Agricultural Product Sales) including temporary residence/security trailers, located on non-residentially zoned land, or on residentially zoned land utilized by an institution (e.g., religious institution, educational facility), may be allowed provided they do not continue for more than 60 consecutive days.
12.
Spectator events. Spectator entertainment facilities including concerts, outdoor movies, and live performance stages or theaters.
13.
Subdivision sales office. Subdivision sales offices may be allowed in compliance with the following development standards:
a.
The office shall be located on one of the recorded lots in the subdivision within which it is located or one of the recorded lots in a subdivision of the same subdivider in the immediate vicinity.
b.
The office shall not be permanently attached to the ground and shall be of such a size that it is readily removable unless it is within a portion of a model home, other than the garage, or unless the Commission has approved its conversion to a permanent use.
c.
During the time it is used as a sales office, it shall not be used for any purpose other than the sale of lots in the particular subdivision within which it is located or for the sale of lots in a subdivision of the same subdivider in the immediate vicinity.
d.
The garage of a model home may be used as the sales office subject to the recordation of an agreement by the owner of the lot that the model home is located on prior to the issuance of the Land Use Permit in compliance with Section 35.82.110 (Land Use Permits) or Zoning Clearance in compliance with Section 35.82.210 (Zoning Clearances) to allow the use of the garage as a sales office specifying that sales office will be converted to a garage at the time of expiration of the Land Use Permit or Zoning Clearance. The occupancy of the model home shall not be allowed until the sales office has been removed or a two-car garage is provided for the model home.
(1)
Said agreement shall include the granting of access to the lot to the Department as necessary to ensure that performance of said owner's obligations set forth in said agreement.
e.
The Land Use Permit or Zoning Clearance shall expire after either the initial sale of all the lots within the subdivision in which it is located or all lots in a subdivision of the same subdivider in the immediate vicinity, or within one year after the issuance of the Land Use Permit or Zoning Clearance, whichever is earlier.
f.
The Land Use Permit or Zoning Clearance may be extended one time by the Director for one year upon application of the subdivider for good cause shown.
g.
If the sales office is located in a separate structure including a trailer, then an agreement shall be recorded by the owner of the lot that the sales office is located on prior to the issuance of the Land Use Permit in compliance with Section 35.82.110 (Land Use Permits) or Zoning Clearance in compliance with Section 35.82.210 (Zoning Clearances) to allow the construction or installation of the sales office specifying that sales office will be removed within 30 days after expiration of the Land Use Permit or Zoning Clearance or any extension thereof, or after notification by the Director if the Commission at any time finds that the sales office is unsightly or has become a public nuisance.
(1)
Said agreement shall include the granting of access to the lot to the Department as necessary to ensure that performance of said owner's obligations set forth in said agreement.
14.
Swap meets. Swap meets may be allowed in compliance with the following development standards:
a.
Outdoor storage of materials or merchandise is prohibited except during hours of operation.
b.
Signs or other advertising by the individual sellers is prohibited.
15.
Temporary dwellings during the construction of a new dwelling. An existing structure may be used for dwelling purposes on a temporary basis during the construction on the same lot of a new principal dwelling provided:
a.
An agreement is recorded by the owner prior to the issuance of a Land Use Permit in compliance with Section 35.82.110 (Land Use Permits) for the new principal dwelling specifying that said existing structure will be removed, converted or reconverted to an allowed accessory structure within 90 following commencement of the occupancy of the newly constructed dwelling.
b.
Said agreement shall include the granting of access to the lot to the Department as necessary to ensure that performance of said owner's obligations set forth in said agreement.
16.
Art, Garden, and Architecture Tours. Tours organized by a civic, educational, or service institution or organization directly engaged in civic, charitable, or philanthropic efforts, and involving community tours of individual properties, are exempt from the permit requirements of this Section provided:
a.
Commercial sales or transactions of goods in residential zones are limited to properties with home occupations, including artist studios, operating under a valid Zoning Clearance or qualifying as an exempt home occupation pursuant to Section 35.42.190.
b.
No more than four events per calendar year may be conducted by a single entity or on an individual lot and individual events shall last no longer than three consecutive days.
c.
Admission is open to the general public, with or without ticket sales. The number of registered attendees present at the event does not exceed 300 per day.
d.
The use of a lot for reception or gathering functions in support of the tour shall be limited to non-residential zones, unless conducted in compliance with Subsection F.4 above.
G.
Trailer use.
1.
Permit requirements and development standards. This Section provides the permit requirements and development standards for specific temporary and semi-permanent uses of trailers in addition to the permit requirements and development standards identified in Table 4-14 through Table 4-19 .
2.
Limitations on use. Trailers shall only be allowed for the uses and activities described in this Section, except as otherwise expressly allowed in Article 35.2 (Zones and Allowable Land Uses).
3.
Accessory to a permanent structure. A trailer may be used as a structure accessory to a permanent structure already on the same site in all zones for a use allowed under the provisions of the applicable zone and regulations of this Development Code, provided:
a.
The required Minor Conditional Use Permit shall be valid for an initial period not to exceed two years.
b.
The Minor Conditional Use Permit may be renewed for additional two-year periods subject to the restrictions of this Section and provided the request for the renewal is filed before the expiration date of the previously approved Minor Conditional Use Permit.
c.
The cumulative time period for the Minor Conditional Use Permits and renewals shall not exceed a maximum of six years unless the review authority finds that:
(1)
A permanent structure is under construction on the building site to contain the use and replace the trailer; or
(2)
The permanent structure that is being constructed on the building site to contain the use and replace the trailer has an active building permit; or
(3)
The construction of a permanent structure on the building site to contain the use and replace the trailer is authorized in compliance with a discretionary permit that has not expired.
d.
The trailer, including any foundation, permitted in compliance with this Section shall be promptly removed upon completion of the permanent structure or after the authorized use of the trailer is discontinued.
e.
The review authority may include, as a condition of approval of the Minor Conditional Use Permit, that a performance security, in a form acceptable to and approved by the County, be deposited with the County to guarantee the removal of the trailer and foundation to ensure compliance with this requirement.
4.
Agricultural employee dwellings, not including Farmworker Housing. Not including Farmworker Housing permitted in compliance with Section 35.42.135 (Farmworker Housing), trailers may be used as dwellings for agricultural employees in compliance Section 35.42.030 (Agricultural Employee Dwellings).
5.
Agricultural offices. Trailers may be allowed on a lot with an agricultural zone designation primarily for the performance of duties imposed on the owner or lessee of the land by Federal, State, or County laws or regulations in connection with the agricultural activities conducted on the land, in compliance with the following permit requirements and development standards.
a.
All permits shall include a condition that the trailers shall be removed from the lot within six months following the effective date of a rezoning of the lot to a zone classification other than agriculture.
6.
Air quality monitoring stations. Trailers may be used as air quality monitoring stations for a time period that is adequate to meet the specific air quality monitoring needs of the project, as recommended by the County Air Pollution Control District and determined by the Zoning Administrator provided:
a.
The Zoning Administrator shall approve the Minor Conditional Use Permit only if the following additional findings are first made:
(1)
That the stations are either required or approved by the County Air Pollution Control District.
(2)
The zone setbacks are complied with.
(3)
The trailers are adequately screened from public view by landscaping or other measures.
b.
The trailer, including any foundation, permitted in compliance with this Section shall be promptly removed upon completion of the permanent structure or after the authorized use of the trailer is discontinued.
c.
The Zoning Administrator may include, as a condition of approval of the Minor Conditional Use Permit, that a performance security, in compliance with Sections 35.84.020 (Performance Guarantees) be deposited with the County to guarantee the removal of the trailer and foundation to ensure compliance with this requirement.
7.
Construction trailers.
a.
Allowed uses. Trailers used as construction offices, tool storage, or for particular work (e.g., electrical shops, cabinet shops, and other similar uses that are not used for human habitation during the night may be allowed on a building site during periods of construction of structures on the site in compliance with the following permit requirements and development standards, provided:
(1)
Building permits have been issued for the structures being constructed on the site; and
(2)
The trailer is removed promptly upon completion of construction.
b.
Permit requirements.
(1)
Up to three construction trailers may be located on a building site without a Land Use Permit.
(2)
More than three such construction trailers per building site may be permitted with a Minor Conditional Use Permit in compliance with Section 35.82.060 (Conditional Use Permits and Minor Conditional Use Permits) for an initial period not to exceed two years provided the Zoning Administrator finds that:
(a)
The need for the trailers has clearly been demonstrated; and
(b)
A time frame for their removal has been provided.
(3)
Renewals for additional two-year periods for trailers approved in compliance with Subsection b.(2) above, may be granted through the approval of a subsequent Minor Conditional Use Permit in compliance with Section 35.82.060 (Conditional Use Permits and Minor Conditional Use Permits) if the request is filed before the expiration date of the previously approved Minor Conditional Use Permit for the same use.
8.
Dwelling use of trailers during construction of dwellings.
a.
A trailer may be used as a one-family dwelling during construction of a dwelling in all zones provided:
(1)
The use of the trailer is limited to a period of 12 months or until 30 days after the final building permit inspection has been completed by the County Building Official, or the new dwelling is occupied, whichever is earliest.
(a)
If a trailer located on the building site has been illegally occupied, then the 12-month period shall be reduced by the period of time during which the trailer has been illegally occupied on the site.
(2)
The building permit has been issued for the dwelling and the foundation has been inspected and approved.
(3)
The permittee complies with the State Mobile Home Act.
(4)
The trailer complies with the setbacks and distances between structures required for structures.
b.
The period of time that the trailer is allowed to be used as a dwelling may be extended by the approval of a Minor Conditional Use Permit in compliance with Section 35.82.060 (Conditional Use Permits and Minor Conditional Use Permits).
9.
Dwelling use of trailers after destruction of dwelling. A Land Use Permit in compliance with Section 35.82.110 (Land Use Permits) may be issued to allow the emergency use of the trailer as a dwelling if an occupied dwelling is destroyed by fire, flood, earthquake, vandalism or other calamity beyond the control of the owner, provided:
a.
The Land Use Permit shall only be valid for a 180-day period; and
b.
A trailer is not illegally located on the lot.
10.
Mobile telecommunications temporary facility. Where unplanned or uncontrollable events cause an immediate need for service due to reasonable public health and safety concerns, a temporary facility may be allowed, in compliance with the following:
a.
The facility qualifies as a mobile telecommunications temporary facility.
b.
The Director in consultation with the County Sherriff and Fire Departments has determined a reasonable public health and safety issue would exist without the operation of a temporary telecommunications facility.
c.
The applicant has demonstrated that the facility shall be operated within the frequency range allowed by the Federal Communications Commission and complies with all other applicable safety standards.
d.
The facility would only be permitted onsite for the duration of the event or emergency, not to exceed two weeks, or other period of time, as approved by the Director.
11.
Railroad work camp. Trailers may be used to exclusively house employees of a railroad engaged full-time in construction or maintenance of the railroad's right-of-way provided:
a.
The trailers are located on permanently improved sites within the railroad right-of-way that are isolated from mobile home parks provided:
b.
Trailers, including their foundations, permitted in compliance with this Section shall be promptly removed upon completion of the permanent structure or after the authorized use of the trailer is discontinued.
c.
The Zoning Administrator may include, as a condition of approval of the Minor Conditional Use Permit, that a performance security, in compliance with Sections 35.84.020 (Performance Guarantees) be deposited with the County to guarantee the removal of the trailer and foundation to ensure compliance with this requirement.
12.
Storage of trailers as accessory to a residential use. Trailers may be stored on a lot, as accessory to the residential use of the lot provided all the following standards are complied with. Watercraft may be kept on the trailer that is stored on the lot.
a.
Trailers shall not be kept, parked or stored in:
(1)
Required front setback areas.
(2)
Parking spaces required in compliance with Section 35.36.050 (Required Number of Spaces: Residential Uses).
b.
Trailers, including anything that is stored in or on the trailer, shall not exceed 8.5 feet in width, 13.5 feet in height (as measured from the surface upon which the vehicle stands, not including antennas and air conditioning units), and 40 feet in length.
c.
Trailers, including anything that is stored in or on the trailer, shall be screened from view from abutting streets.
d.
The trailer shall not be used for human habitation while kept, parked or stored on the lot.
e.
Trailers holding vehicles or used to store materials shall be in compliance with Subsection 35.23.050.C (Accessory Storage).
f.
Any recreational vehicle that is parked outside of a fully enclosed or fully screened structure shall be in compliance with Subsection J, Exterior parking, of Section 35.36.100, Standards for Residential Zones and Uses.
13.
Subdivision sales office. A trailer may be used as a temporary subdivision sales office in compliance with Subsection F.13 (Subdivision sales office) above.
14.
Watchman trailers. Trailers may be used as a dwelling for a watchman for a period not to exceed five years provided:
a.
The trailer is accessory to a permanent structure or use.
b.
The applicant complies with the State Mobile Home Act.
c.
The trailer complies with setbacks and distances between structures required for structures.
15.
Watchman trailers during construction. A trailer, usable for or designed for human habitation, may be maintained on a building site for use as a watchman's quarters during periods of construction of structures on the site, provided:
a.
Building permits have been issued for the structures.
b.
Only one watchman's trailer shall be allowed on a site.
c.
The trailer shall be promptly removed upon completion of construction of the structures or within one year from the issuance of the Land Use Permit for the trailer, whichever occurs first.
(Ord. No. 5192, §§ 21, 22, 11-7-2023; Ord. No. 5248, §§ 2, 3, 5-6-2025)
35.42.265 - Transitional and Supportive Housing
A.
Purpose and intent. In accordance with Government Code Sections 65650 through 65656, and 65583(c)(3) and successor statutes, this Section describes the permitting and development standards for transitional and supportive housing projects and identifies the criteria that must be met for supportive housing to qualify for ministerial review and the requirements associated with qualifying projects. This Section is intended to promote the development of transitional and supportive housing.
B.
Considered a residential use. Transitional and supportive housing shall be considered a residential use of property.
C.
Permit requirements.
1.
Same permit requirements. Except for projects that qualify for streamlined, ministerial review as described under Subsection C.2 (By right supportive housing) below:
a.
Transitional and supportive housing shall be allowed in any dwelling allowed in a specific zone, subject to the same permit requirements (e.g., Land Use Permit or Conditional Use Permit) that apply to the dwelling that will be used for transitional or supportive housing.
b.
No Conditional Use Permit, Variance, or other planning permit shall be required for transitional or supportive housing that is not required for a dwelling of the same type in the same zone.
c.
When transitional or supportive housing is proposed to be located in a zone where the residential use requires a Conditional Use Permit, an additional Conditional Use Permit is not required if the existing residential use has obtained the necessary Conditional Use Permit in compliance with Section 35.82.060 (Conditional Use Permits and Minor Conditional Use Permits).
2.
By right supportive housing. In accordance with Government Code Section 65651(a) or successor statutes, an application for supportive housing shall be considered ministerially without discretionary review or hearing if the project meets all of the following requirements:
a.
Zoning. The project is located within a zone where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses, and zones where multifamily and mixed uses are permitted with a Conditional Use Permit. For the purposes of this Section, multifamily uses shall include two-family dwellings (i.e., "dwelling, two-family," as defined in Section 35.110.020 (Definitions of Specialized Terms and Phrases))
b.
Lower income housing. One hundred percent of the units, excluding managers' units, within the project shall be dedicated to lower income households and are, or will be, receiving public funding, and are subject to a recorded affordability restriction for 55 years. For purposes of this paragraph, "lower income households" has the same meaning as defined in Section 50079.5 of the Health and Safety Code.
c.
Minimum number of supportive housing units. At least 25 percent of the units in the project or 12 units, whichever is greater, are restricted to residents in supportive housing who meet criteria of the target population. If the project consists of fewer than 12 units, then 100 percent of the units, excluding managers' units, in the project shall be restricted to residents in supportive housing.
d.
Supportive services. Projects shall include onsite supportive services limited to tenant use that may include, but are not limited to, community rooms, case management offices, computer rooms, and community kitchens that comply with the following square footage requirements:
i.
Projects with 20 or fewer total units shall provide at least 90 square feet for onsite supportive services.
ii.
Projects with more than 20 units shall provide at least 3 percent of the total nonresidential floor area for onsite supportive services.
e.
Dwelling unit facilities. All dwelling units, excluding managers' units, shall include at least one bathroom and a kitchen or other cooking facilities, including, at minimum, a stovetop, a sink, and a refrigerator.
f.
Replacement units. The applicant shall replace any existing dwelling units on the site of the supportive housing project in the manner provided in Government Code Section 65915(c)(3) or successor statutes.
g.
Fewer than 75 units. The project shall consist of 75 units or fewer in accordance with Government Code Section 65651(d).
D.
Development standards. Except as described in Sections D.1 (Exceptions for ministerial projects) and D.2 (Parking) below and in Government Code Section 65589.5 or successor statutes, transitional and supportive housing projects shall be subject to the same development standards, policies, and occupancy restrictions that apply to other dwellings of the same type in the same zone.
1.
Exceptions for ministerial projects. Projects that qualify for ministerial review in compliance with Subsection C.2 (By right supportive housing) above shall only be subject to objective development standards and policies that apply to other multifamily development within the same zone, and the objective design standards in Chapter 35.33 (Multiple-Unit and Mixed-Use Housing Objective Design Standards).
2.
Parking. If the supportive housing project qualifies for ministerial review in compliance with Subsection C.2 (By right supportive housing) above and is located within one-half mile of a public transit stop, minimum parking requirements will not be imposed for the units occupied by supportive housing residents.
E.
Supportive services Supportive services provided onsite shall only serve residents of that particular housing project.
F.
Application and processing requirements
1.
If required based on the permit type, notice of the application and pending decision on a permit for transitional or supportive housing shall be given in compliance with Chapter 35.106 (Noticing and Public Hearings). Transitional or supportive housing being permitted with a Zoning Clearance shall require a posted notice by the applicant subject to the same requirements in 35.106.050A.2.
2.
Supportive services plan. For all transitional or supportive housing projects, the applicant shall submit a written plan for providing supportive services with documentation demonstrating that supportive services will be provided onsite to residents in the project, as required by Government Code Section 65651 or successor statute, and describing those services, which shall include all of the following:
a.
Services Provider. The name of the proposed entity or entities that will provide supportive services.
b.
Funding Source. The proposed funding source or sources for the provided onsite supportive services.
c.
Staffing. Proposed staffing levels.
3.
Deadlines for by right supportive housing. Projects that qualify for ministerial review in conformance with Subsection C.2 (By right supportive housing) above shall be subject to the following processing deadlines:
a.
Completeness determination deadline. Within 30 days of receipt of an application to develop supportive housing, the Department shall notify an applicant whether the applicant's application is complete. If the Department does not make a written determination within 30 days, the application shall be deemed complete, pursuant to Government Code Section 65943, or successor statute.
b.
Decision deadline. The Director shall complete their review of the application to develop supportive housing within 60 days after the application is complete for a project with 50 or fewer units, or within 120 days after the application is complete for a project with more than 50 units.
G.
Limits on disapproval.
1.
Pursuant to Government Code Section 65589.5(d), the Department shall not disapprove a transitional or supportive housing project for very low, low-, or moderate-income households, or condition approval in a manner that renders the project infeasible for development for the use of very low, low-, or moderate-income households, including through the use of design review standards, unless it makes written findings, based upon a preponderance of the evidence in the record, as to one of the findings in Government Code Sections 65589.5(d)(1) through (5) or successor statute.
2.
Pursuant to Government Code Section 65589.5(j) or successor statute, if the Department proposes to disapprove a transitional or supportive housing project or approve it upon the condition that the project be developed at a lower density, the Department shall base its decision regarding the proposed project upon written findings supported by substantial evidence on the record that both of the conditions in Government Code Section 65589.5(j)(1) and (2) or successor statutes exist.
H.
Fees. Transitional and supportive housing shall not be subject to any fees to which other dwellings of the same type in the same zone are not likewise subject.
I.
Not a change in occupancy. The use of an existing dwelling for purposes of transitional or supportive housing shall not constitute a change of occupancy for purposes of local building codes.
J.
Future changes in occupancy. The required number of units in a supportive housing project dedicated to the target population may be reduced if termination of the operating subsidy or project-based rental assistance occurs at no fault of the project owner and if all conditions outlined in Government Code Section 65651(c) or successor statutes are met.
K.
Reasonable accommodation. The requirements of this Development Code may be modified in compliance with Chapter 35.37 (Reasonable Accommodation) if necessary to comply with the Federal Fair Housing Act and the California Fair Employment and Housing Act relating to accommodations for persons with disabilities including allowances for structural installations that are necessary to accommodate disabled residents (e.g., handrails, lifts, and ramps).
L.
Conflicts with other Sections of this Development Code. Where there are conflicts between the standards in this Section 35.42.265 and other requirements of this Development Code, the provisions of this Section shall prevail.
(Ord. No. 5202, § 15, 2-13-2024)
35.42.268 - Two Unit Development and Urban Lot Splits (SB 9)
A.
Purpose and intent. The purpose of this Section is to establish procedures and development standards for up to two attached or detached principal dwelling units and urban lot splits to be considered ministerially, without discretionary review in compliance with Senate Bill (SB) 9 (2021) which added California Government Code Sections 65852.21 and 66411.7, as may be amended. The intent is to encourage the development of new residential dwelling units that contribute needed housing to the County's housing stock.
B.
Applicability. Up to two principal dwelling units and urban lot splits may be allowed on a single-family residential zoned lot within an urbanized area or urban cluster as designated by the U.S. Census Bureau in compliance with the table below.
C.
Prohibitions. Development under this Section must be consistent with the requirements identified in Government Code Sections 65852.21 and 65913.4(a)(6)(B) to (K), as may be amended.
1.
Pre-Existing Site Conditions. To be eligible for 2-unit development or an urban lot split under this Section, no portion of the project site shall be located in any of the following:
a.
A historic district or property included on the State Historic Resources Inventory as defined in Section 5020.1 of the Public Resources Code, as may be amended, or within a site that is designated or listed as a County Landmark or Place of Historic Merit.
b.
A regulatory floodway or within a special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency unless the project complies with applicable requirements of Chapter 15A and 15B of the County Code.
c.
Either prime farmland or farmland of statewide importance.
d.
Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).
e.
Within a high or very high fire hazard severity zone unless the project complies or, through development, gains compliance with applicable fire department development standards, defensible space requirements, access requirements, requirements set forth in the California Code of Regulations, Title 14 Fire Safe Regulations, and includes the use and maintenance of materials and construction methods in compliance with Chapter 7A of the California Building Code.
f.
A hazardous waste site that is listed pursuant to Government Code Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless either of the following apply:
(i)
The site is an underground storage tank site that received a uniform closure letter issued pursuant to subdivision (g) of Section 25296.10 of the Health and Safety Code based on closure criteria established by the State Water Resource Control Board for residential use or residential mixed uses.
(ii)
The State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.
g.
Within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and Chapter 10 (Building Regulations) of the County Code.
h.
Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act, habitat conservation plan pursuant to the federal Endangered Species Act of 1973, or other adopted natural resource protection plan.
i.
Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973, the California Endangered Species Act, or the Native Plant Protection Act.
j.
Lands under a recorded conservation easement.
2.
Demolition or Alteration. The project does not require demolition or alteration of any of the following:
a.
Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income;
b.
Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power;
c.
Housing that has been occupied by a tenant in the last 3 years; or
d.
Housing withdrawn from the rental market within the last 15 years (i.e. the project is not on a parcel in which an owner has exercised their rights under the Ellis Act - Chapter 12.75 [commencing with Section 70601 of Division 7 of Title 1 of the Government Code to withdraw accommodations from rent or lease within 15 years before the date of application).
3.
Additional prohibitions for urban lot splits. No non-residential use is permitted on any lot created by an urban lot split in compliance with Government Code Section 66411.7.
D.
Application and processing requirements.
1.
Requirements for approval. An application for up to two principal dwelling units and/or an urban lot split is eligible for ministerial approval (Zoning Clearance or Tentative Parcel Map (TPM)) without discretionary review if the project complies with the applicable requirements specified in this Section 35.42.268 and Chapter 21 of the County Code.
a.
An application for up to two principal dwelling units and/or an urban lot split pursuant to this Section and Chapter 21 of the County Code, respectively, shall be considered and approved or denied without discretionary review or hearing within 60 days from the date the County receives a complete application.
2.
Additional requirements for urban lot splits.
a.
Future lot splits on parcels created through SB 9 shall be prohibited unless approved in accordance with adopted zoning and land use designations.
b.
Urban lot splits on adjacent parcels by the same owner(s) or someone acting in concert with the owners(s) shall be prohibited.
c.
The individual property owner must submit an application for a tentative parcel map in accordance with Chapter 21, Section 21.7.(d) (Submission of Tentative Maps including Parcel Maps) of the County Code.
d.
No Prior Urban Lot Split. The parcel being subdivided was not established through prior exercise of an urban lot split. In addition, neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using the urban lot split process as provided for in this Section.
3.
Map requirements. An application for an urban lot split shall be subject to applicable standard conditions and approval requirements in Chapter 21, Section 21-8 (Form of Tentative Map including Tentative Parcel Maps and Requirements for Approval) of the County Code.
4.
Development impact mitigation fees. The applicant shall pay development impact mitigation fees in compliance with ordinances and/or resolutions in effect at the time the fees are paid. The amount of the required fee shall be determined by adopted fee resolutions and ordinance and applicable law in effect when paid, provided that the fee is charged proportionately in relation to the square footage of the principal dwelling unit(s).
5.
Nonconforming zoning conditions. The correction of nonconforming conditions shall not be required as a condition of approval of a principal dwelling unit developed in accordance with this Section or urban lot split approved in accordance with Chapter 21 of the County Code.
6.
Variances and Modifications. Variances and Modifications shall not be granted for principal dwelling unit(s) developed pursuant to this Section.
7.
Accessory dwelling units and junior accessory dwelling units. Accessory dwelling units and junior accessory dwelling units shall count towards the maximum unit allowance per lot and/or urban lot split in accordance with Government Code Section 65852.21 and 66411.7.
8.
Unpermitted existing development. For purposes of this Section 35.42.268, improvements to unpermitted existing development to accommodate a principal dwelling unit shall be considered new development.
9.
Noticing. A posted notice fulfilling the requirements of Sections 35.106.020.A.2 and 35.106.080 shall be required for a Zoning Clearance permit and Tentative Parcel Map within 15 days of an application that is deemed eligible for SB 9 processing and remain posted until permit approval.
10.
Affordability requirement. At least one of the units in each two-unit residential development, or at least one unit on any lot created pursuant to an urban lot split, must be constructed and offered for sale or for rent as a moderate, low, or very low-income unit, restricted for occupancy by a moderate, low or very low-income household, as defined in and pursuant to applicable requirements of Chapter 46, Affordable Housing Enforcement, of the County Code.
11.
Findings and denial. An eligible project proposed under this Section may only be denied if the County Building Official makes a written finding, based on a preponderance of evidence, that the project would have a specific, adverse impact, as defined, and determined in paragraph (2) of subdivision (d) of Section 65589.5 of the Government Code, upon public health and safety and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
E.
General standards. Up to two primary dwelling units that comply with all of the following standards, as applicable, shall be allowed with a Zoning Clearance, Building Permit and any other necessary approvals. Projects shall be subject to all other applicable objective standards of this Development Code unless specifically stated herein. If there are conflicts between the standards in this Section and other requirements of this Development Code, the provisions of this Section shall prevail.
1.
Maximum floor area and unit size. The following standards shall apply to up to two principal dwelling units allowed in compliance with this Subsection E, provided these standards can accommodate up to two 800 square foot principal dwelling units.
a.
Floor area/unit size. The principal dwelling unit shall be subject to a maximum unit size as identified in the table below, provided the combined unit size for two principal dwelling units (existing and/or proposed) shall not exceed a 0.4 floor area ratio or 5,000 gross square feet, whichever is less. For projects in the Summerland Community Plan Overlay, the maximum floor area limits established in Section 35.28.210 shall continue to apply to the lot as a whole.
b.
Converted unit. A new unit that is incorporated entirely within an existing residential unit, or within an existing accessory building, is not limited in size except that it shall not exceed the footprint of the existing structure.
c.
Attached unit. Notwithstanding the maximum floor area provided above, a new unit that is attached to, and increases the size of, an existing residential unit shall not exceed the floor area of the existing residential unit.
d.
Attached garage or carport. Up to 400 additional square feet may be permitted for an attached garage or carport, compliant with standard setbacks and with the same architectural design. Any other accessory development (e.g. pools, detached garages, cabanas, etc.) shall be subject to standard permit requirements.
e.
Attached architectural feature. An attached, un-inhabitable architectural feature (e.g., covered entry, covered patio, deck, balcony, etc.) may be allowed in addition to the floor area of the new dwelling unit. The architectural feature(s) shall be subordinate to the new dwelling unit and limited to a cumulative square footage total of 25% of the floor area of the new dwelling unit. The square footage calculation shall be measured as the roof area (covered) or the footprint (uncovered).
2.
Setbacks and building configuration.
a.
Side and rear setbacks. Principal dwelling units developed pursuant to this Section shall comply with the standard setbacks for the applicable zone, with the following exceptions:
(1)
Side and rear setbacks may be reduced to a minimum of four feet for single story development up to a maximum of 16 feet in height or if necessary to accommodate up to two 800 square foot principal dwelling units.
(2)
Interior lots. Standard interior lot setbacks apply unless they preclude the development of up to two 800 square foot units with minimum four-foot setbacks, in which case the total setback area shall equal that of a standard lot.
(3)
Setbacks shall be clear from ground to sky.
(4)
No setback modification or variable setback shall be permitted.
(5)
No setback is required to convert an existing permitted structure to a new principal dwelling. However, the side and rear setbacks shall be sufficient for fire and safety purposes in compliance with the California Fire Code and the California Building Code, as may be amended.
3.
Maximum height. All new principal dwellings shall comply with the requirements below and all other applicable height regulations of this Development Code further limiting height, including ridgeline/hillside development guidelines (Section 35.62.040). Where conflicts exist between the height limits below and other sections of this Development Code, the more restrictive height regulations shall prevail.
a.
New attached units. New attached dwelling units shall not exceed the height of any existing principal dwelling unit on the parcel, or 25 feet and a maximum of two stories, whichever is greater.
b.
New detached units. New detached dwelling units shall not exceed a height of 25 feet and a maximum of two stories.
4.
Building separation. No building separation between principal dwelling unit(s), accessory dwelling unit(s) and other structures shall be required as long as all the structures meet minimum Building Code safety standards and allow for separate access.
F.
Building design. New construction, additions, and building conversions involving exterior alterations to create a new principal dwelling unit shall comply with the following objective design standards. Projects that comply with these standards shall not be subject to separate Design Review approval under Section 35.82.070 (Design Review). Department staff may consult with a Board of Architectural Review Chair, designee, or other design professional to assist in determining a project's compliance with the objective design standards contained in this Section. A project that does not comply with these objective design standards, may be permitted under this Section, if approved by the applicable Board of Architectural Review under Section 35.82.070 (Design Review) provided that the applicant requests a delay and tolls the 60-day processing time period specified in Subsection D.1.a, above, until final design review approval.
1.
Appearance and style.
a.
Attached dwelling unit. On a site already developed with an existing principal dwelling unit, the construction of a new attached principal dwelling unit shall be designed and constructed to match the architectural style, colors, exterior building materials, and finishes, including, but not limited to. siding, windows, doors, roofing, light fixtures, hardware and railings.
b.
Building articulation. Buildings shall be designed and articulated with consistent details, articulation, materials, and elements on all sides, and shall comply with the following:
(1)
Building elevations visible from the abutting primary street more than 30 feet in length shall include either an architectural element or a two-foot variation in depth in the wall plane. Architectural elements include: front porches, balconies, upper-story setbacks, projections, and recessions, such as stoops, bay windows, overhangs, and trellises.
c.
Door and window openings. All entrances shall have either a projected sheltering element or be recessed from the main elevation; the projection or recess shall have a minimum depth of 24 inches. Windows shall either be recessed at least three inches from the plane of the surrounding exterior wall or shall have a trim or windowsill detail where appropriate with the architectural style.
2.
Materials and colors.
a.
Wall materials. The primary exterior siding material for buildings shall be wood, composite wood, stone, brick, plaster (stucco), fiber cement, or metal. The use of exposed plywood or glass curtain walls is prohibited.
b.
Building Colors. Building exteriors shall include at least two colors; at least one for the main base wall material and another for architectural trim/details.
c.
Window style consistency. Consistent window frame style and proportions shall be used on all elevations.
d.
Material and color transition. Changes in material or color shall occur at inside corners of intersecting walls or at architectural features that break up the wall plane, such as columns.
e.
Roof articulation. In order to create architectural interest, provide at least two different roof elevations for hierarchy (a primary and secondary) or extend the primary roofline over the building entrance by at least four feet to enhance building entrances.
f.
Reflective materials. New roofing and siding materials that are reflective, mirror-like, or of a glossy metallic finish are prohibited. Flat or low sloped roofs shall be constructed with a gray or tan color to reduce reflectivity. Light Reflective Value percentage shall be below .84 with a matte finish.
(1)
Glass guardrails. New glass guardrails are prohibited, unless necessary to match the glass guardrails of an existing residential unit and treated with a non-reflective coating and must remain non-reflective throughout the life of the guardrail.
g.
Lighting. Any exterior lighting shall comply with the applicable outdoor lighting requirements as set forth in Section 35.30.120 (Outdoor Lighting).
3.
Privacy standards (units greater than 16 feet in height). Where portions of the proposed construction of a principal dwelling unit is either two stories tall or greater than 16 feet in building height, the principal dwelling shall comply with the following:
a.
Upper story unenclosed landings, decks, and balconies greater than 20 square feet, that face or overlook an adjoining property, shall be located a minimum of 15 feet from the side and rear lot lines and interior lot lines and landscape screening shall be provided along the perimeter areas visible from the landing, deck or balcony.
b.
Upper story windows located within 15 feet of a side or rear lot line or interior lot line that face or overlook an adjoining property shall be installed a minimum of 42 inches above finish floor and either landscape screening shall be provided or any exposed glass below 60 inches shall be non-transparent or obscured.
G.
Site Standards. The following site standards apply to the construction of a principal dwelling unit provided that these standards permit up to two principal dwelling units of 800 square feet with minimum four-foot side and rear setbacks to be constructed on the lot in compliance with all other applicable standards of this Section 35.42.268.
1.
Grading. Grading directly associated with principal dwelling unit shall be limited to 250 cubic yards and the dwelling unit shall be located on slopes of 20 percent or less.
2.
Open space. Private open space shall be provided for each principal residential unit at a ratio of at least 250 square feet for units that provide two or less bedrooms. Each bedroom in excess of two shall require an increase of private open space by 50 square feet per additional bedroom. The open space must be directly accessible to the dwelling it serves. Up to 50% of the required front yard setback area may be used to satisfy the open space requirement; additionally, side and rear setback areas may be utilized in full. Balconies, patios, decks, unenclosed porches, and usable landscaped areas may be used towards the open space requirement. The minimum width of the private open space area shall not be less than ten feet.
3.
Landscaping. Existing or proposed landscaping shall be provided at a ratio of at least 20% of the lot area and shall include a mixture of trees, groundcover, and shrubs for screening.
a.
Perimeter hedging shall be planted to achieve a height of at least six feet after two years.
b.
Water Efficient Landscape Ordinance (WELO). If landscaping is proposed, the owner/applicant shall submit a complete landscaping and irrigation plan and comply with the State and County's WELO requirements as applicable.
4.
Tree protection. A new construction attached or detached principal dwelling unit shall comply with the following standards:
a.
Development shall avoid the removal of or damage to (i.e. greater than 20% encroachment into the Critical Root Zone) native protected trees. Trees that are removed or damaged for the construction of a new unit shall be relocated or replaced onsite at a ratio of at least 5:1 with 15-gallon plantings or equivalent.
b.
No grading, paving, or other site disturbance shall occur within the area six feet outside of the dripline of native protected trees, unless the conclusion of a report submitted by the applicant and prepared by a licensed arborist states that the proposed grading, paving, or other site disturbance will not damage or harm the tree(s).
5.
Environmentally sensitive habitat areas. The development of a principal dwelling unit shall comply with the objective requirements of Section 35.28.100 (Environmentally Sensitive Habitat Area Overlay Zone).
6.
Historic resources. A principal dwelling unit shall not be located within, attached to, or located on the same lot as a structure listed in, or determined to be eligible for listing in the California Register of Historical Resources orthe National Register of Historic Places, or a structure designated, or determined to be eligible for designation as a County Historic Landmark or County Place of Historic Merit unless the proposed principal dwelling unit follows the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings (U.S. Department of the Interior, National Park Service, 2017) or the Secretary of the Interior's Standards for Rehabilitation (36 CFR Part 67, 1990) and Guidelines for Rehabilitating Historic Buildings (Weeks and Grimmer, 1995), as may be amended. If a detached principal dwelling unit is proposed to be located on the same lot as a historic or potentially historic structure described above, the applicant shall submit a written assessment from a Department-approved historian confirming that the proposed principal dwelling unit shall be in conformance with this requirement.
7.
Archaeological resources and tribal cultural resources. A new construction attached or detached principal dwelling shall be located at least 50 feet from the site boundaries of any archaeological resources or tribal cultural resources, unless a written assessment or a California Native American tribe recommends a greater buffer distance. Applicants shall submit a written assessment of any (1) archaeological resources that may qualify as "historical resources" as defined in CEQA Guidelines Section 15064.5(a), or (2) sites, features, cultural landscapes, sacred places, objects, or resources that may qualify as "tribal cultural resources" as defined in Public Resources Code Section 21074 that are located within 100 feet of the proposed principal dwelling unit. The written assessment shall be prepared by a Department-approved archaeologist or other qualified professional and shall define the characteristics and site boundaries of the archaeological resources or tribal cultural resources.
H.
Additional Standards. The following additional standards apply to the construction of up to two principal dwelling units.
1.
Parking. Off-street parking spaces shall be provided as described below.
a.
Principal dwelling unit. One off-street parking space, which may be covered or uncovered, is required per unit except as follows:
(1)
The parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code; or
(2)
There is a car share vehicle located within one block of the subject parcel.
b.
ADUs and JADUs. All ADUs and JADUs shall be subject to the applicable parking requirements for ADUs in Section 35.42.015 (Accessory Dwelling Units and Junior Accessory Dwelling Units).
2.
Adequate services. Development of up to two principal dwelling units on a parcel and urban lot splits shall demonstrate provision of adequate services, including water, sanitary, and access, including for newly created lots even if no development is currently proposed. Water meters and sewage connections shall be separate for units residing on separate parcels.
3.
Stormwater control. New development shall comply with applicable National Pollutant Discharge Elimination System (NPDES) stormwater regulations.
4.
Rental restrictions.
a.
A principal dwelling unit may be used for rentals provided that the length of any rental is longer than 30 consecutive days.
b.
The use of a principal dwelling unit as a Homestay or Short-Term Rental shall be prohibited.
(Ord. No. 5230, § 9, 2-4-2025)
35.42.270 - Vehicle Services
A.
Purpose and applicability. This Section provides standards for the operation of specific vehicle service uses, where allowed in compliance with Article 35.2 (Zones and Allowable Land Uses).
B.
Mechanical car washes - CH zone. Mechanical car washes in the CH zone shall comply with the following standards:
1.
Abutting residential zone prohibited. Mechanical car washes shall not be allowed on properties abutting a residential zone.
2.
Noise reduction methods. Construction of masonry walls, fencing, installation of landscaping, and other methods shall be required to reduce noise effects on abutting property.
3.
Compatibility with adjacent uses. Controls over access, parking, and landscaping shall be required that will make the mechanical car wash compatible with adjacent uses.
35.42.280 - Wineries
A.
Purpose and applicability. This Section provides regulations for the development and operation of wineries, where allowed by Article 35.2 (Zones and Allowable Land Uses). The intent is to promote the orderly development of wineries within the County and ensure their compatibility with surrounding land uses in order to protect the public health, safety, natural, and visual resources.
B.
Permit requirements and development criteria.
1.
Wineries that comply with all of the following criteria may be allowed subject to the issuance of a Land Use Permit in compliance with Section 35.82.110 (Land Use Permits).
a.
For every 1,000 cases of wine produced per year there shall be a minimum two acres of vineyard planted on the winery premises.
b.
The production capacity of the winery shall not exceed 20,000 cases per year.
c.
The winery premises shall not contain a tasting room.
d.
Winery structural development located within the winery premises shall not exceed 20,000 square feet.
e.
Winery special events occurring on the winery premises shall not exceed four per year and the attendance at each event shall not exceed 150 attendees. Otherwise, the winery shall not be open to the public and shall not offer tours and retail wine sales to the public.
2.
Wineries that comply with all of the following criteria may be allowed subject to a Development Plan approved by the Zoning Administrator in compliance with Section 35.82.080 (Development Plans).
a.
For every 1,000 cases of wine produced there shall be a minimum one-acre of vineyard planted on the winery premises.
b.
The production capacity of the winery shall not exceed 50,000 cases per year.
c.
The winery may include a tasting room. However, the floor area of the tasting room shall not exceed 400 square feet or 10 percent of the winery structural development area located on the winery premises, whichever is greater.
d.
Winery structural development located within the winery premises shall not exceed 20,000 square feet.
e.
Winery special events occurring on the winery premises shall not exceed eight per year and the attendance at each event shall not exceed 150 attendees.
f.
Incidental food service may be provided in conjunction with a new tasting room in compliance with Subsection C.8 (Development standards for incidental food service at tasting rooms) below.
3.
Wineries that comply with all of the following development standards may be allowed subject to a Development Plan approved by the Commission in compliance with Section 35.82.080 (Development Plans). The production capacity of the winery is not limited and the winery may contain a tasting room.
a.
For every 1,000 cases of wine produced there shall be at a minimum one-half acre of vineyard planted on the winery premises.
b.
Winery special events occurring on the winery premises shall not exceed 12 per year and the attendance at each event may not exceed 200 attendees.
(1)
Winery special events in excess of 12 per year or where the attendance at one or more events exceeds 200 may be allowed in compliance with a Conditional Use Permit approved by the Commission in compliance with Section 35.82.060 (Conditional Use Permits and Minor Conditional Use Permits).
(2)
The number of special events allowed by a Conditional Use Permit shall not exceed 40 days per year.
c.
Incidental food service may be provided in conjunction with a new tasting room in compliance with Subsection C.8 (Development standards for incidental food service at tasting rooms) below.
4.
The Department shall refer winery applications to the Subdivision/Development Review Committee and the Board of Architectural Review for review and recommendation to the review authority.
5.
Incidental food service at existing permitted tasting rooms. Incidental food service may be allowed at and in conjunction with an approved permitted tasting room provided it complies with the permit requirements below.
a.
Exempt. Incidental food service at tasting rooms may be exempt from the requirements to obtain a permit in compliance with Section 35.20.040 (Exemptions from Planning Permit Requirements) provided the use does not include an expansion of or additions to the tasting room floor area or additions to winery structural development and complies with the development standards pursuant to Subsection C.8 (Development standards for incidental food service at tasting rooms), below.
b.
Zoning Clearance. Incidental food service at tasting rooms that includes the conversion of interior floor area of a tasting room or winery structural development to a kitchen, food service preparation area, food storage, tasting room area, and other amenities as may be required by the County Public Health Department for food safety and the provision of incidental food service may be allowed with a Zoning Clearance issued in compliance with Section 35.82.210 (Zoning Clearances) provided the use complies with the development standards pursuant to Subsection C.8 (Development standards for incidental food service at tasting rooms).
(1)
Conversion of interior floor area for tasting room area shall not exceed the size limits for a Tier II winery tasting room, if applicable, as allowed by Subsection 35.42.280.B.2.c above.
c.
Change to an Approved Winery Tasting Room Permit (Development Plan or Conditional Use Permit). Additions to, or expansions of, tasting room floor area open to the public, or additions to existing winery structural development, or a new structure to provide a kitchen, food service preparation area, food storage, and other amenities as may be required by the County Public Health Department for food safety and the provision of incidental food service, may be allowed with a change to the winery's operational permit in compliance with Section 35.84.040 (Changes to an Approved Project).
C.
Development standards for winery facilities. Wineries shall also comply with the following development standards, unless otherwise indicated. The standards contained in this Subsection shall supersede other regulations contained in this Development Code in the case of a conflict. However, other portions of the Santa Barbara County Code, as well as permitting requirements of other County Departments may contain standards and regulations that apply to winery development.
1.
In general.
a.
The primary purpose of the winery shall be to process wine grapes grown on the winery premises or on other local agricultural lands located within Santa Barbara County and San Luis Obispo County. No more than 50 percent of the grapes processed over a five year period shall be imported from outside of Santa Barbara County and San Luis Obispo County.
b.
Retail sales of wine grape products shall be limited to those produced by the winery operator or bottled or grown on the winery premises.
2.
Setbacks.
a.
Structures and outdoor use areas associated with a winery shall provide a minimum setback of 100 feet from adjacent lots. This setback shall be increased to 200 feet if the winery includes public tours, public wine tasting, retail sales, or special events.
b.
Structures and outdoor use areas associated with a winery shall provide a minimum setback of 200 feet from an existing residence located on an adjacent lot. The setback shall be increased to 400 feet if the winery includes public tours, public wine tasting, retail sales, or special events. A winery shall be considered to comply with these setback requirements, and shall not be considered nonconforming, if, after the approval for the winery is granted (either by an approved Development Plan or issued Land Use Permit), a residence is constructed on property that is either not owned by the owner of the property on which the winery is located or is not part of the winery premises, and the location of the residence is within the setback distances specified above.
c.
The setbacks may be reduced by the review authority provided any of the following findings are made. However, the setbacks shall not be reduced to below that which is normally required by the applicable zones or Article 35.2 (Zones and Allowable Land Uses).
(1)
There is not a feasible way to meet the required setbacks without creating a significant environmental impact or impacting prime agricultural land (i.e., Soil Conservation Service Class I and II).
(2)
The setback distances are not practical or feasible due to existing topographic conditions or onsite vegetation.
(3)
The setback reduction is proposed for a legally constructed existing structure, and as indicated below.
(a)
It can be clearly demonstrated that the structure was intended to be used for a legitimate agricultural or residential use, and
(b)
The use of the structure as part of a winery operation shall not adversely affect neighboring properties.
(4)
The setback reduction is proposed for a structure that is part of an existing nonconforming winery operation and proposed additions to the structure are located no closer to the closest property line than the existing structure is located.
d.
The minimum setback distances required under Subsections 2.a. and 2.b. above do not apply if the adjoining property is under the same ownership as the lot that the winery is located on or is included within the winery premises.
3.
Access/street addressing.
a.
Access to the winery premises and access ways within the winery premises, shall be designed to the satisfaction of the County Traffic Engineer and County Fire Department and shall comply with the applicable County private road and driveway standards and requirements. Ingress and egress shall be clearly marked and visible, and turning movements into the winery premises shall not create congestion or unnecessary slowing at access points. Structure address numbers shall be posted at the driveway/access road winery premises entrances and on winery structures in compliance with County Fire Department requirements.
b.
Existing roads shall be utilized to the maximum extent feasible in order to minimize grading, site disturbance, and the loss of agricultural land.
4.
Design standards. New structures associated with the winery including production facilities shall be subject to review and approval by the Board of Architectural Review in compliance with Section 35.82.070 (Design Review). Exterior changes to existing structures associated with the winery shall be subject to review and approval by the Board of Architectural Review in compliance with Section 35.82.070 (Design Review) unless the exterior changes are determined to be minor by the Director. In addition, the following design standards shall also apply.
a.
Exterior. The design, scale, and character of the winery shall be compatible with existing development in the vicinity. Structures associated with the winery including production facilities shall have an exterior design style that is agricultural or residential in nature using earth tones and non-reflective paints, siding, and roofing materials. Structures shall not use an exterior design style typically associated with large industrial facilities.
b.
Screening. The visibility of winery structures from public roads shall be minimized through the use of landscaping and other screening devices to ensure that the character of the area is retained. Tanks not located within a structure shall be completely screened from public roads.
c.
Height. The height of a structure associated with a winery facility shall be limited to 35 feet. The height limit may be increased to 45 feet where a pitched roof of greater than four in 12 (rise to run) is proposed and at least 50 percent of the structure is limited to a height of 35 feet or less.
d.
Lighting. Exterior lighting fixtures shall be of a low intensity, low glare design and shall be shielded with full cutoff design and directed downward to ensure that neither the lamp nor the related reflector interior surface is visible from a location off of the winery premises in order to prevent spill over onto adjacent lots under separate ownership. Pole lighting fixtures shall be used only for special events and seasonal agricultural activities. Exterior lighting shall not be installed or operated in a manner that would throw light, either reflected or directly, in an upward direction.
5.
Parking.
a.
The number, size, location, and design of required parking spaces shall comply with the standards of Chapter 35.36 (Parking and Loading Standards) unless there is a conflict with the standards of this Section, in which case the standards of this Section shall apply.
b.
The visibility of parking areas associated with the winery from public roads shall be minimized through the use of landscaping and other devices.
c.
The number of parking spaces shall be permanently maintained on the winery premises. The review authority may modify the number of required spaces based on site-specific considerations. Oversize parking spaces to accommodate bus/limousine parking is only required for wineries that are open to the public.
d.
Parking shall not be allowed within an adjoining road right-of-way or trail easement.
e.
Parking areas shall be surfaced with a minimum of asphalt, concrete, brick, or other masonry paving units, chip seal, or crushed rock surface. Parking spaces on paved surfaces shall be marked with paint striping a minimum of two inches in width. Parking spaces on other types of surfaces shall be marked by the use of concrete wheel stop barriers, timber, or other durable material, that is securely installed and fastened to the parking surface. These standards shall not apply to temporary parking provided in open field areas for special events.
f.
Parking for special events, group events, or winemaker dinners may be provided in open field areas with a slope of 10 percent or less, free of combustible materials, at a ratio of 400 square feet per required space (including parking space and traffic aisles).
6.
Waste disposal.
a.
Solid waste disposal. A winery solid waste management plan shall be submitted for review and approval by the Public Health Department. The plan shall include a green waste reduction program that includes the disposal of stems, leaves, and skins of grapes by drying, spreading, and disking the waste into the soil on the winery premises or other agriculturally zoned property. Pomace may be used as fertilizer or as a soil amendment provided that the use or other disposal shall occur in compliance with applicable County standards.
b.
Liquid waste disposal. Liquid waste (process wastewater) from the winery operation shall be handled separately from domestic liquid waste and shall be in compliance with applicable Regional Water Quality Control Board and County of Santa Barbara discharge requirements.
7.
Tasting rooms.
a.
Tasting rooms shall be clearly incidental, accessory, and subordinate to the primary operation of the associated winery as a production facility.
b.
The location of the tasting room shall take into consideration site constraints, onsite access, visual concerns, grading and other environmental issues.
c.
The primary focus of the tasting room shall be the marketing and sale of the wine produced on the winery premises. Sales of souvenirs and clothing bearing the logo of the winery, as well as wine related items and other products that reflect or enhance the character or theme of the winery may also be offered for sale in the tasting room.
d.
If more than one winemaker shares production facilities or more than one winery is located on a winery premises, only one tasting room is allowed. More than one winemaker or winery facility may share a tasting room.
8.
Development standards for incidental food service at tasting rooms.
a.
The following types of incidental food service may be provided at a tasting room in compliance with the permit requirements of Subsection B.2.f, Subsection B.3.c, and Subsection B.5 (Incidental food service at existing permitted tasting rooms), above:
(1)
Prepackaged foods, meals, or picnics, such as salads or sandwiches, or other foods prepared and delivered by an offsite permitted food facility.
(2)
Food trucks.
(3)
Catered food.
(4)
Foods prepared on the premises.
(5)
An outdoor barbeque not part of a food truck or catered food operation.
(6)
An outdoor pizza oven not part of a food truck or catered food operation.
b.
The provision of food shall be secondary, incidental, and subordinate to the primary function of tasting room operations, including wine tasting, marketing, sales, and education, and the primary agricultural use of the premises. Incidental food service shall not be operated as a food service establishment independent of the tasting room.
c.
Incidental food service shall be limited to the same footprint of the approved tasting room and/or exterior area that is open to the public for wine tasting.
d.
Incidental food service shall be limited to the hours of operation of the tasting room, as established by the winery's approved permit.
(1)
If tasting room hours of operation are not established by the winery's approved permit, incidental food service shall operate concurrently with the tasting room hours of operation, provided that incidental food service shall commence no earlier than 10:00 a.m. and end no later than 8:00 p.m.
e.
The incidental food service and winery tasting room shall comply with all standards regarding the provision, storage, preparation, and service of food, in addition to water supply and sanitation facilities, and shall obtain all necessary permits, as required by the County Public Health Department.
f.
County Fire Department requirements shall be met.
9.
Special events.
a.
Site area. The minimum winery premises area on which a special event shall occur is 20 acres. However, this requirement may be reduced by the review authority upon a determination that the character of the area and the type of special event makes a 20 acre winery premises site area unnecessary.
b.
Use limitations.
(1)
Amplified music associated with special events shall not exceed 65 dBA at the exterior boundary of the winery premises. For wineries located in Inner-Rural Areas as designated on the Comprehensive Plan, a special event proposing outdoor amplified music shall only be allowed from 10 a.m. to 8 p.m. and the amplified music shall cease by 7 p.m. For wineries located within Rural Areas as designated on the Comprehensive Plan, a special event proposing outdoor amplified music shall only be allowed from 10 a.m. to 11 p.m., and the amplified music shall cease by 10 p.m. unless the Director determines that the sound at the property line shall not exceed 65 dBA.
(2)
The site of a special event shall be located a minimum of 1,000 feet from a residential one-family zone that has a minimum lot area requirement of one acre or less.
(3)
County Fire Department requirements shall be met.
(4)
Water supply and sanitation facilities shall be provided as required by the County Public Health Department.
c.
Parking plan. A parking plan shall be implemented for special events. The plan shall include:
(1)
The use of a parking coordinator who shall be present at all times during special events attended by 100 or more persons to manage and direct vehicular movement and parking.
(2)
The use of dust control measures to keep dust generation to a minimum and to minimize the amount of dust leaving the site.
(3)
Appropriate signage placed onsite directing visitors to and indicating the location of parking areas, including open field overflow areas. Signs shall be in place before the commencement of each special event.
10.
Hazardous Materials Business Plan. A Hazardous Materials Business Plan shall be reviewed and approved, or waiver granted, by the County Fire Department or fire district with jurisdiction in the event that storage, handling, or the use of hazardous materials occurs on the winery premises.
11.
Noise. Noise-generating construction activities associated with winery structural development occurring within 1,600 feet of a noise-sensitive land use as defined in the County Noise Element shall be limited to the hours between 8 a.m. and 5 p.m., Monday through Friday, and shall not occur on State holidays. Non-noise generating construction activities (e.g., painting without the use of a compressor) are not subject to these restrictions.
D.
Application requirements. The Director shall establish and maintain a list of information that shall accompany every application for a winery facility. The information shall be in addition to the information required in Section 35.82.110 (Land Use Permits) and Section 35.82.080 (Development Plans), as appropriate, and shall include, but shall not be limited to:
1.
The range of activities occurring onsite directly related to wine production (e.g., crushing, fermentation, barrel aging, bottling, bottle storage) accompanied by a site plan that provides a description of where the different winery processes will occur on the site.
2.
Production capacity, existing, and proposed.
3.
The type of cooperage used in fermentation.
4.
Origin of grapes used in the wine production (e.g., percent of grapes produced onsite, percent of grapes imported from off-site).
5.
The area (existing and proposed) of structures, parking, roads, and driveways, uncovered processing areas, vineyard, and other planted areas.
6.
A description of measures proposed to minimize the off-site effects of dust, odor, or noise generated by the proposed winery operation.
7.
Information regarding proposed public tours and wine tasting, retail wine sales, other retail sales including food service, and picnic areas available to the public.
The Director may excuse an applicant from having to provide one or more of the required submittals if it is determined that in the specific case the information is not necessary in order to process or make an informed decision on the submittal application.
(Ord. No. 5226, §§ 13, 14, 12-10-2024)
35.44.010 - Commercial Telecommunications Facilities
A.
Purpose and intent. This Section establishes the permit requirements and standards for the siting and development of commercial telecommunication facilities. The intent is to promote their orderly development and ensure they are compatible with surrounding land uses in order to protect the public safety and visual resources.
B.
Applicability.
1.
Affected facilities and equipment. The provisions of this Section shall apply to commercial telecommunication facilities that transmit or receive electromagnetic signals (e.g., radio, television, and wireless communication services including personal communication, cellular, and paging). This Section shall not be construed to apply to handheld, vehicular, or other portable transmitters or transceivers, including cellular phones, CB radios, emergency services radio, and other similar devices, or to wireless telecommunications facilities appurtenant to natural gas distribution facilities regulated by the California Public Utilities Commission, allowed within all zone districts, that are consistent with the standards set forth in Section 35.44.030 (Natural Gas Telecommunications Facilities).
2.
Allowable zones and permit requirements. Table 4-20 (Allowable Zones and Permit Requirements for Commercial Telecommunications Facilities) below establishes the allowable zones, permit requirements, and development standards applicable to commercial telecommunications facilities as allowed by this Section. Different permit processes shall be required depending on the type of the commercial telecommunication facility being proposed and whether the facility complies with different development standards.
Table 4-20- Allowable Zones and Permit Requirements for Commercial Telecommunications Facilities
C.
Processing. Permits for commercial telecommunication facilities shall be approved in compliance with the following requirements, including the requirements of Subsection D. through Subsection I. unless otherwise specified. Modifications to zone regulations in compliance with Section 35.82.060 (Conditional Use Permits and Minor Conditional Use Permits) may be allowed only as specified in this Section.
1.
Tier 1 projects. Commercial telecommunication facilities that comply with the following may be permitted as a Tier 1 commercial facility:
a.
Standards for Tier 1 projects, temporary facilities. Temporary telecommunications facilities may be permitted in compliance with Subsection 35.42.260.G.
b.
Standard for Tier 1 projects, Spectrum Act facilities. Pursuant to Section 6409 of the federal Spectrum Act (47 U.S.C. Section 1455) and its implementing regulations (47 C.F.R. Section 1.6100), as amended, any eligible facilities request for a modification of an existing wireless tower or base station that does not substantially change the physical dimensions of such tower or base station shall be allowed. The terms used in this subsection shall have the meaning ascribed to them in 47 C.F.R. Section 1.6100(b), as amended.
(1)
Pursuant to 47 C.F.R Section 1.6100, as amended, the request shall comply with the following:
(a)
Eligible facilities request. The project must be a request for modification to an existing wireless tower or base station that involves:
(i)
Collocation of new transmission equipment;
(ii)
Removal of transmission equipment; or
(iii)
Replacement of transmission equipment.
(b)
The wireless tower or base station is existing at the time of permit application, supports existing antennas, and was permitted in compliance with this Development Code.
(c)
The wireless tower is any structure built for the sole purpose of supporting any Federal Communications Commission (FCC)-licensed antennas and associated facilities.
(2)
Substantial change. Pursuant to 47 C.F.R Section 1.6100, as amended, a modification shall not be allowed pursuant to this section if it substantially changes the physical dimensions of an existing wireless tower or base station. A modification substantially changes the physical dimensions if it meets any of the following criteria:
(a)
Wireless towers not located within the public right-of-way.
(i)
The modification increases the height of the tower by more than 10 percent, or by the height of one additional antenna array with separation from the nearest antenna not to exceed 20 feet, whichever is greater.
(ii)
The modification adds an appurtenance to the body of the tower that would protrude from the edge of the tower by more than 20 feet, or by more than the width of the tower structure at the level of the appurtenance, whichever is greater.
(b)
Wireless towers located within the public right-of-way and base stations.
(i)
The modification increases the height of the structure by more than 10 percent, or by more than 10 feet, whichever is greater.
(ii)
The modification adds an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet.
(iii)
The modification involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure.
(iv)
The modification involves installation of ground cabinets that are more than 10 percent larger in height or overall volume than any other ground cabinets associated with the structure.
(c)
The modification involves installation of more than the standard number of equipment cabinets for the technology involved, but not to exceed four cabinets.
(d)
The modification entails excavation or deployment outside of the current site.
(e)
The modification would defeat the concealment elements of the support structure.
c.
Standards for Tier 1 projects, hub sites. Wireless telecommunication facilities that comply with the following may be allowed:
(1)
The facility qualifies as a hub site.
(2)
No antennas are proposed except as follows:
(a)
One Global Positioning System (GPS) may be allowed.
(3)
The facility is located within a permitted building.
(4)
Noticing standards for Tier 1 (c) hub site projects. A posted notice fulfilling the requirements of Sections 35.106.020.A.2 and 35.106.080 shall be required for a Zoning Clearance permit within 15 days of a complete application and remain posted until permit approval.
2.
Tier 2 projects. Commercial telecommunication facilities that comply with the following may be permitted as a Tier 2 commercial facility:
a.
Standards for Tier 2 projects, small wireless facilities. "Small wireless facilities," as that term is defined in 47 C.F.R. Section 1.6002(l), as amended, that comply with the following may be allowed:
(1)
The facilities:
(a)
are mounted on structures 50 feet or less in height including antennas as defined in 47 C.F.R. Section 1.1320(d);
(b)
are mounted on structures no more than 10 percent taller than other adjacent structures; or
(c)
do not extend existing structures on which they are located to a height of more than 50 feet or by more than 10 percent, whichever is greater.
(2)
Each antenna associated with the deployment, excluding associated antenna equipment (as defined in the definition of antenna in 47 C.F.R. Section 1.1320(d)), is no more than three cubic feet in volume.
(3)
All other wireless equipment associated with the pole structure, including the wireless equipment associated with the antenna and any pre-existing associated equipment on the pole structure, is no more than 28 cubic feet in volume.
(4)
The facility does not require antenna structure registration under Part 17 of Title 47 C.F.R., or its successor regulations (i.e., Federal Communications registration due to extreme height or proximity to an airport).
(5)
The facility is not located on Tribal lands, as defined under 36 C.F.R. Section 800.16(x), or its successor regulation.
(6)
The antenna shall be mounted on one of the following:
(a)
an existing or replacement operational public utility pole or similar support structure (e.g., non-decorative streetlight, traffic light, telephone pole, existing wooden pole) that is not being considered for removal, as determined by the Director;
(b)
the roof of an existing structure or vaulted underground;
(c)
an existing or replacement non-pole concealment structure.
If technical requirements dictate through a site analysis prepared by a qualified technical specialist demonstrating that the antenna cannot be mounted on one of the above, the antenna may be mounted on a new pole or similar structure provided the new pole or structure replicates the materials, color, and finish of existing infrastructure nearby.
(7)
Accessory equipment. Accessory equipment associated with the antenna and pole structure, shall be installed and located:
(a)
Underground;
(b)
Concealed within the structure;
(c)
Pole mounted (with a 10-foot ground clearance); or
(d)
Above-grade structure (with a 2-foot setback from the sidewalk).
(8)
Siting and clearance. All small wireless facilities, associated antennas and accessory equipment shall comply with the following siting and clearance standards:
(a)
Shall be installed on poles that are located as close as feasible to shared property lines between two adjacent lots and not directly in front of residences and businesses;
(b)
Shall not be placed within 20 feet from a residential dwelling's doors or windows;
(c)
Shall be installed at least 50 feet away from any streetlight, utility pole or other similar support structure if the small wireless facility and any associated antennas, accessory equipment or improvements are attached to or part of any new, non-replacement support structure;
(d)
Shall not be placed within any clear zone at any intersection;
(e)
Shall not be placed in a location that obstructs illumination patterns for existing streetlights, views of any traffic signs or signals, or view lines for traveling vehicles, bicycles, or pedestrians, as determined by County's Public Works Department;
(f)
Shall provide a minimum 2-foot setback clearance from sidewalks for any protruding equipment on poles; and
(g)
Shall provide a setback for a fixed object per CALTRANS standards and County Engineering Design Standards. The following shall be required if a setback cannot be obtained within the right of way:
i.
Private easement that is setback from travel lane; and
ii.
Guardrail or other mitigation protection.
(9)
Design Standards.
(a)
Stealth and concealment. All small wireless facilities shall be as stealth as technically feasible with concealment elements and techniques that mimic or blend with the underlying support structure, surrounding environment and adjacent uses.
New installations, antennas, antenna equipment and associated equipment enclosures (excluding disconnect switches), conduit and fiber shall be fully concealed within the structure. If such concealment is incompatible with the pole design, then the antennas and associated equipment enclosures must appear as an integral part of the structure or mounted as close to the pole as feasible and must be no greater in size than required for the intended purpose of the facility.
(b)
Stealth and concealment, accessory equipment.
(i)
Vertical cable risers. All cables, wires and other connectors shall be routed through conduits within the pole or other support structure, and all conduit attachments, cables, wires and other connectors shall be concealed from public view. To the extent that cables, wires and other connectors cannot be routed through the pole, such as with wood utility poles, they shall be routed through external conduits or shrouds that have been finished to match the underlying pole.
(ii)
Spools and coils. Excess fiber optic or coaxial cables shall not be spooled, coiled or stored on the pole outside equipment cabinets or shrouds.
(iii)
Pole-mounted. Pole-mounted accessory equipment shall be placed in a location that is most concealed under the circumstances presented by the proposed pole and location. Pole-mounted accessory equipment may be installed behind street, traffic or other signs to the extent that the installation complies with applicable public health and safety regulations.
(c)
Finishes. Replacement poles shall be of the same material as the existing pole being replaced or adjacent poles located within the contiguous right-of-way. All small wireless facility exterior surfaces shall be painted, colored or wrapped in flat, non-reflective hues that match the underlying support structure. All surfaces shall be treated with graffiti-resistant sealant.
(d)
Trees and landscaping. All small wireless facilities shall not permanently displace any existing tree or landscape features. Small wireless facilities proposed to be placed in a landscaped area must submit a restoration and maintenance plan for damaged and removed hardscape and landscape features surrounding the facility. The project will be conditioned to require the applicant to carry out the Restoration and Maintenance Plan. The approval authority may require additional hardscape or landscape features for small wireless facilities proposed to be placed in a landscaped area in public rights-of-way to screen the small wireless facility from public view or otherwise enhance the stealth techniques required under Section 35-44.010.C.2. All plants proposed or required must be native and/or drought-tolerant.
(e)
Shrouding. All antennas and associated cables, jumpers, wires, mounts, masts, brackets and other connectors and hardware shall be installed within a single shroud or radome to the extent technically feasible. If the antennas cannot be placed in an opaque shroud, the Director may approve alternative stealth techniques.
(i)
For pole-top antennas, the shroud shall be visually consistent with the design, color and scale of the underlying pole, and shall not exceed 2.5 times the median pole diameter.
(ii)
For side-arm antennas, the shroud must cover the cross arm and any cables, jumpers, wires or other connectors between the vertical riser and the antenna.
(f)
Height. No antenna or associated antenna structure shall extend more than the minimum necessary separation between the antenna and other pole attachments required by applicable health and safety regulations, or the maximum structure height permitted by Subsection C.2.a.(1), above, whichever is less.
(g)
Volume.
(i)
Antenna. The cumulative volume for all antennas on a single small wireless facility pole or structure shall not exceed: (A) three cubic feet within 500 feet of a residential dwelling; or (B) six cubic feet for all other locations.
(ii)
Accessory equipment. Surface-mounted and above-ground accessory equipment for a small wireless facility shall be as small as technically feasible. This requirement shall not be applicable to accessory equipment placed underground or within existing structures.
(h)
Horizontal extensions.
(i)
Side-mounted antennas are prohibited unless no other option is technically feasible. Where permitted, side-mounted antennas shall be placed as close to the support structure as technically feasible and shall not extend over any roadway for vehicular travel or any abutting private property. If applicable laws require a side-mounted antenna to extend more than 24 inches from the support structure, the extension shall be no greater than required for compliance with such laws as documented by the applicant with substantial evidence in the application.
(ii)
Pole-mounted accessory equipment shall be flush with the pole and shall not extend over any roadway for vehicular travel or any abutting private property. If applicable laws preclude flush-mounted accessory equipment, the separation gap between the pole and the accessory equipment shall be no greater than required for compliance with such laws and concealed by opaque material (such as cabinet "flaps" or "wings").
(i)
Accessory Equipment. Additional design standards that apply to all accessory equipment associated with the small wireless facility:
(i)
Undergrounded. Accessory equipment (other than any electric meter where permitted because a flat-rate service is not available and an emergency disconnect switch) shall be placed underground when proposed in any underground utility district unless allowed in compliance with Section 34-7(f) of Chapter 34 (Underground Utility Districts) of the County Code, or any location where the Director finds substantial evidence that the additional above-ground accessory equipment would restrict public use of the public rights-of-way. However, the Director may grant an exception when the applicant demonstrates by clear and convincing evidence that compliance with this Section would be technically infeasible.
(ii)
Vaults. All undergrounded accessory equipment shall be installed in a vault that is load-rated to meet the County's standards and specifications. Underground vaults located beneath a sidewalk shall be constructed with a slip-resistant cover and properly secured to prevent unauthorized access. Vents for airflow shall be flush-to-grade when placed within the sidewalk and may not exceed two feet above grade when placed off the sidewalk. Vault lids shall not exhibit logos or commercial advertisements.
(iii)
Minimum ground clearance. The lowest point on any pole-mounted accessory equipment shall be at least 10 feet above ground level adjacent to the pole. If applicable laws require any pole-mounted accessory equipment component to be placed less than 10 feet above ground level, the clearance from ground level shall be no less than required for compliance with such laws.
(iv)
Orientation. Unless placed behind a street sign or some other concealment that dictates the equipment orientation on the pole, all pole-mounted accessory equipment shall be oriented in line with the adjacent road or oriented away from the adjacent road when concealed by landscaping or existing vegetation.
(10)
The placement of multiple, interconnected, small wireless facilities (e.g., four or more within a square mile) may be reviewed as a whole project including all components that result in a physical change to the environment (e.g., antennas, equipment, cabling, trenching, boring, vaults, poles, hub sites.)
(11)
Façade-mounted antennas. Antennas mounted to the facade of a building or structure shall be architecturally integrated into the building or structure design and otherwise made as unobtrusive as possible. If possible, antennas should be located entirely within an existing or newly created architectural feature so as to be completely screened from view. Façade-mounted antennas shall not protrude more than two feet horizontally from the façade.
b.
Standards for Tier 2 projects (tenant improvements). Wireless telecommunication facilities that comply with the following may be allowed:
(1)
The facility qualifies as a tenant improvement that does not otherwise qualify as a small wireless facility under C.2.a, above.
(2)
Antennas, associated antenna support structures, and equipment shelters shall comply with the height limit of the zone that the project is located in subject to the limitations and exceptions provided below. If the facility is located in an agricultural zone as identified in Section 35.14.020 (Zoning Map and Zones), the height limit is that which applies to residential structures in that location.
(3)
Antennas, associated antenna support structures, and equipment shelters may exceed the height limit of the zone that the project is located in under any of the following circumstances:
(a)
The antenna, associated antenna support structure, and equipment shelter is located within an existing structure.
(b)
The antenna is mounted on an exterior wall of an existing structure, and the highest point of either the antenna or the antenna support structure does not extend above the portion of the wall, including parapet walls and architectural façades, that the antenna is mounted on.
(c)
The antenna or equipment shelter is located on the roof of an existing structure behind a parapet wall or existing architectural façade and the highest point of the antenna or equipment shelter does not protrude above the parapet wall or architectural façade.
(d)
The portion of the facility that would exceed the height limit is located within an addition that qualifies as an architectural projection.
(4)
Antennas and associated antenna support structures proposed to be installed on the roof or directly attached to an existing structure shall be fully screened or architecturally integrated into the design of the structure. The highest point of the antenna and associated antenna support structure shall not extend above the portion of the structure, including parapet walls and architectural façades, that it is mounted on and shall not protrude more than two feet horizontally from the structure. If mounted on the roof of an existing structure the highest point of the antenna shall not extend above the parapet wall or architectural façade.
(5)
Equipment shelters proposed to be installed on the roof of an existing or proposed structure shall be fully screened or architecturally integrated into the design of the structure (e.g., located behind a parapet wall or architectural façade) and the highest point of the equipment shelter shall not protrude above the parapet wall or architectural façade.
(6)
Access to the facility shall be provided by existing roads or driveways.
c.
Standards for Tier 2 projects, collocated facilities. Wireless telecommunication facilities that do not otherwise qualify as a small wireless facility under C.2.a, above and that comply with the following may be allowed. Additions to existing structures that a facility is proposed to be located on or within may be allowed in order to comply with applicable development standards, subject to applicable permit requirements of this Code.
(1)
The facility qualifies as a collocated telecommunications facility.
(2)
Antennas, associated antenna support structures, and equipment shelters shall comply with the height limit of the zone that the project is located in subject only to the limitations and exceptions provided below. If the facility is located in an agricultural zone as identified in Section 35.14.020 (Zoning Map and Zones), the height limit is that which applies to residential structures in that location.
(a)
Antennas, associated antenna support structures, and equipment shelters may exceed the height limit of the zone that the project is located in under either of the following circumstances:
(i)
As provided in Subsection C.2.b.(3).
(ii)
The highest point of the any portion of the new facility proposed to be located on an existing facility does not extend above the existing antenna support structure or the portion of any other structure, including parapet walls and architectural façades, that it is mounted on and shall not protrude more than two feet horizontally from the structure.
d.
Standards for Tier 2 projects, facilities that comply with the zone height limit. Wireless telecommunication facilities that do not otherwise qualify as small wireless facilities under C.2.a, above and that comply with the following may be allowed:
(1)
Antennas, associated antenna support structures, and equipment shelters shall comply with the height limit of the zone that the project is located in except as provided below. If the facility is located in an agricultural zone as identified in Section 35.14.020 (Zoning Map and Zones) the height limit is that which applies to residential structures in that location.
(a)
Antennas, associated antenna support structures and equipment shelters may exceed the height limit of the zone that the project is located under the following circumstances:
(1)
As provided in Subsection C.2.c.(2)(a).
(2)
The antenna is mounted on an existing, operational public utility pole or similar support structure (e.g., streetlight standard), as determined by the Director, provided that the highest point of the antenna does not exceed the height of the existing utility pole or similar support structure that it is mounted on.
(2)
The height of the antenna and associated antenna support structure shall not exceed 15 feet above the highest point of the structure on which the antenna and support structure is located. Architectural projections shall not be used in determining the highest point of the structure. If located on a flat roof of an existing structure, the height of the antenna above the roof shall not exceed the distance the antenna is set back from any edge of the roof.
(3)
The base of a new freestanding antenna support structure shall be set back from a lot with a residential zone designation a distance equal to five times the height of the antenna and antenna support structure, or a minimum of 300 feet, whichever is greater.
e.
Noticing standards for all Tier 2 projects. A posted notice fulfilling the requirements of Sections 35.106.020.A.2 and 35.106.080 shall be required for a Zoning Clearance permit within 15 days of a complete application and remain posted until permit approval.
3.
Tier 3 projects. Commercial telecommunication facilities that comply with the following may be permitted as a Tier 3 commercial facility:
a.
Standards for Tier 3 projects, facilities not exceeding 50 feet in height that do not otherwise qualify as a small wireless facility under C.2.a, above. Wireless telecommunication facilities that comply with the following may be allowed:
(1)
Antennas, the associated antenna support structures, and equipment shelters shall comply with the height limit of the zone that the project is located in subject to the limitations and exceptions as provided below. If the facility is located in an agricultural zone as identified in Section 35.14.020 (Zoning Map and Zones), the height limit is that which applies to residential structures in that location. A modification to the height limit in compliance with Subsection 35.82.060.I (Conditions, restrictions, and modifications) may be allowed. However, the highest point of the antenna and associated antenna support structure shall not exceed 50 feet.
(2)
Antennas, associated antenna support structures, and equipment shelters may exceed the height limit of the zone that the project is located in without the approval of a modification in compliance with Subsection 35.82.060.I (Conditions, restrictions, and modifications) under the following circumstances:
(a)
As provided in Subsection C.2.d.(1)(a).
(b)
The antenna and antenna support structure are mounted on an existing structure and the height of the antenna and antenna support structure does not exceed 15 feet above the highest point of the structure provided the highest point of the antenna does not exceed 50 feet. Architectural projections shall not be used in determining the highest point of the structure.
(3)
The base of a new freestanding antenna support structure shall be set back from a residentially zoned lot a distance equal to five times the height of the antenna and antenna support structure, or a minimum of 300 feet, whichever is greater.
b.
Standards for Tier 3 projects, satellite ground station facilities, relay towers, towers or antennas for radio/television transmission and/or reception. Other telecommunication facilities or structures, including satellite ground station facilities, relay towers, towers or antennas for the transmission and/or reception of radio, television, and communication signals that comply with the following may be allowed:
(1)
Are not located in a residential zone as identified in Section 35.14.020 (Zoning Map and Zones).
(2)
Do not exceed 50 feet in height.
4.
Tier 4 projects. Commercial telecommunication facilities that comply with the following may be permitted as a Tier 4 commercial facility:
a.
Standards for Tier 4 projects, facilities that are not allowed in compliance with Tier 1 through Tier 3. Wireless telecommunication facilities that may not be permitted in compliance with Subsections C.1 through C.3 above may be allowed provided the height of the antenna and associated antenna support structures shall not exceed 100 feet.
b.
Standards for Tier 4 projects, other facilities that are subject to regulation by the FCC or CPUC, e.g., AM/FM radio stations, television stations. Other telecommunication facilities as follows are allowed in nonresidential zones as identified in Section 35.14.020 (Zoning Map and Zones). These do not include wireless telecommunication facilities that are subject to the provisions of Subsection C.4.a, above, or amateur radio facilities that are subject to the provisions of Section 35.44.020 (Noncommercial Telecommunication Facilities).
(1)
Facilities that are subject to regulation by the FCC or the California Public Utilities Commission (e.g., AM/FM radio stations, television stations). Such facilities may include: equipment shelters, antennas, antenna support structures, and other appurtenant equipment related to communication facilities for the transmission or reception of radio, television, and communication signals.
(2)
Other commercial telecommunication facilities that exceed 50 feet in height.
D.
Additional development standards for telecommunication facilities. In addition to the development standards in Subsection C. (Processing) above, all commercial telecommunication facilities except temporary mobile telecommunications facilities, shall also comply with the following development standards unless otherwise indicated below, provided that if the following development standards conflict with any of the design standards regulating small wireless facilities in Subsections C.2.a.(7) through C.2.a.(9), above, the design standards specific to small wireless facilities shall control.
1.
Telecommunication facilities shall comply in all instances with the following development standards:
a.
Setbacks. The facility shall comply with the setback requirements of the zone in which the facility is located except as follows:
(1)
Antennas may be located within the setback area without approval of a modification in compliance with Subsection 35.82.060.I (Conditions, restrictions, and modifications) provided they are installed on an existing, operational, public utility pole, or similar existing support structure.
(2)
Underground equipment (e.g., equipment cabinet) may be located within the setback area and rights-of-way provided that no portion of the facility shall obstruct existing or proposed sidewalks, trails, and vehicular ingress or egress.
(3)
A modification to the setback is granted in compliance with Subsection 35.82.060.I (Conditions, restrictions, and modifications).
b.
Height limits and exceptions. Antennas and associated antenna support structures (e.g., lattice towers, monopoles) are limited to 100 feet in height and shall comply with the height limits specified in Subsection C. (Processing) above.
(1)
Antennas used in connection with wireless communication facilities may exceed 100 feet in height provided:
(a)
The antenna is mounted on or within an existing structure and the highest point of the antenna does not protrude above the highest point of the structure, including parapet walls and architectural façades, that the antenna is mounted on; or,
(b)
The antenna is mounted on an existing, operational public utility pole or similar support structure (e.g., street light standard), as determined by the Director provided the highest point of the antenna does not exceed the height of the existing utility pole or similar support structure that it is mounted on.
(2)
Antennas (excluding solid dish and panel antennas) and lattice support structures used for the commercial reception and transmission of radio and television signals may be up to 200 feet in height in Rural Areas provided:
(a)
Towers and antennas shall not be located within one mile of a County-designated scenic highway unless substantially screened by intervening topography or existing vegetation.
(b)
Unless substantially screened by intervening topography or existing vegetation, or proposed at a collocated site, the new tower/antenna shall be located no closer than one mile from Urban, Inner-Rural, and Existing Developed Rural Neighborhoods and as far as technically feasible to meet Federal Communications Commission signal strength and coverage requirements.
(c)
Towers and antennas shall be a minimum of 50 feet from a property line and 1.5 times the tower's height from the nearest development, excluding other telecommunication facilities and fences.
(d)
Noise levels from auxiliary power supplies shall not exceed County and State standards and policies.
(e)
If a tower is proposed to be co-located at an existing tower location, the applicant shall attempt to locate any existing antenna on the new tower when it will reduce visual impacts from the site.
(f)
Access is provided by existing roads or a road extension that minimizes the amount of ground disturbance and does not create additional visual impacts.
(g)
Towers, support structures, and antennas shall be painted a color chosen to reduce visual impacts. In lieu of painting the tower, the Commission may determine that a tower's construction material can be oxidized to a color that is acceptable for its location.
(h)
Landscaping, if appropriate, shall be utilized to minimize visual impacts of the tower and support buildings.
(i)
If a tower is proposed to be co-located at an existing tower location, the applicant shall attempt to consolidate equipment of existing support structures, underground utilities, or any other measures deemed appropriate to mitigate visual impacts.
(j)
Tower design and materials shall be the least visually obtrusive, taking technical and engineering considerations into account.
(k)
Exterior lighting shall be hooded and directed downward and shall be manually operated.
(3)
In all cases the height of antennas, including support structures, shall be in compliance with the requirements of Section 35.28.060 (Airport Approach (F) Overlay Zone).
c.
Public Access. The general public shall be excluded from the facility by fencing or other barriers such as mounting height that prevent access to the antenna, associated antenna support structure, and equipment shelter.
d.
Historical landmarks. Facilities proposed to be installed in or on a structure or site that has been designated by the County as a historical landmark shall be reviewed and approved by the Historic Landmarks Advisory Commission, or the Board on appeal.
e.
Compliance with FCC. The facility shall comply at all times with all FCC rules, regulations, and standards, including but not limited to, safety signage, Maximum Permissible Exposure (MPE) Limits for radiofrequency (RF) energy, and any other similar requirements to ensure public protection and all other legally binding, more restrictive standards subsequently adopted by federal agencies having jurisdiction.
f.
Access roads and parking areas. The facility shall be served by roads and parking areas consistent with the following requirements:
(1)
New access roads or improvements to existing access roads shall be limited to the minimum required to comply with County regulations concerning roadway standards and regulations.
(2)
Existing parking areas shall be used whenever possible, and new parking areas shall not exceed 350 square feet in area.
(3)
Newly constructed roads or parking areas shall, whenever feasible, be shared with subsequent telecommunication facilities or other allowed uses.
g.
Lighting. The facility shall be unlit except for the following:
(1)
A manually operated light or light controlled by motion-detector that includes a timer located above the equipment structure door that shall be kept off except when personnel are present at night.
(2)
Where an antenna support structure is required to be lighted, the lighting shall be fully shielded and directed downward to avoid spillover onto nearby residences.
h.
Location within Airport Approach (F) overlay zone. The facility shall not be located within the safety zone of an airport unless the airport operator indicates that it will not adversely affect the operation of the airport.
i.
Colors and materials. Colors and materials shall be chosen to minimize visibility, using textures and colors to match or blend with the primary background.
(1)
Exterior finish. The visible surfaces of support facilities (e.g., vaults, equipment rooms, utilities, equipment enclosures) shall be finished in non-reflective materials.
(2)
Painted surfaces. Structures, poles, towers, antenna supports, antennas, and other components of each telecommunication site shall be initially painted and repainted as necessary with a non-reflective paint. The lessee shall not oppose the repainting of their equipment in the future by another lessee if an alternate color is deemed more appropriate by a review authority in approving a subsequent permit for development.
j.
Landscaping. The facility shall be constructed so as to maintain and enhance existing vegetation, without increasing the risk of fire hazards, through the implementation of the following measures:
(1)
Existing trees and other vegetation that screens the facility and associated access roads, power lines and telephone lines that are not required to be removed in order to construct the facility or to achieve fire safety clearances, shall be protected from damage during the construction period and for the life of the project.
(2)
Underground lines shall be routed to avoid damage to tree root systems to the maximum extent feasible.
(3)
Additional trees and other native or adapted vegetation shall be planted and maintained in the vicinity of the project site, and associated access roads, power lines, and telephone lines, under the following situations:
(a)
The vegetation is required to screen the improvements from public viewing areas.
(b)
The facility or related improvements are likely to become significantly more visible from public viewing areas over time due to the age, health, or density of the existing vegetation.
Required landscape plans shall be comprised of appropriate species and should be prepared by a botanist, licensed landscape contractor, or licensed landscape architect. A performance security shall be required to guarantee the installation and maintenance of new plantings.
(4)
Existing trees or significant vegetation used to screen the facility that die in the future shall be replaced with native trees and vegetation of a comparable size, species, and density. The facility may be required to be repainted during the time required for the newly planted vegetation to mature and provide adequate screening.
(5)
The vegetation that exists when the project is initially approved that is required to provide screening for the facility shall not be altered in a manner that would increase the visibility of the facility and associated access roads, power lines, and telephone lines, except:
(a)
Where the alteration is specifically allowed by the approved project; or
(b)
Where necessary to avoid signal interference to and from the approved facility.
Any alteration of the vegetation shall be done under the direction of a licensed arborist.
2.
Telecommunication facilities shall comply with the following development standards in all instances, except that the review authority may exempt a facility from compliance with one or more of the following development standards if requested by the applicant. However, an exemption may only be granted if the review authority finds, after receipt of sufficient evidence, that failure to adhere to the standard in the specific instance either will not increase the visibility of the facility or decrease public safety, or it is required due to technical considerations that if the exemption were not granted the area proposed to be served by the facility would otherwise not be served by the carrier proposing the facility, or it would avoid or reduce the potential for environmental impacts.
a.
The primary power source shall be electricity provided by a public utility. Backup generators shall only be operated during power outages and for testing and maintenance purposes. New utility line extension longer than 50 feet installed primarily to serve the facility shall be located underground unless an overhead line would not be visible from a public viewing area. New underground utilities shall contain additional capacity (e.g., multiple conduits) for additional power lines and telephone lines if the site is determined to be suitable for collocation.
b.
Disturbed areas associated with the development of a facility shall not occur within the boundaries of an environmentally sensitive habitat area.
c.
Collocation on an existing support structure shall be required for facilities allowed in compliance with Subsection C.2 through Subsection C.4 of this Section, unless:
(1)
The applicant can demonstrate that reasonable efforts, acceptable to the review authority, have been made to locate the antenna on an existing support structure and these efforts have been unsuccessful; or
(2)
Collocation cannot be achieved because there are not existing facilities in the vicinity of the proposed facility; or
(3)
The review authority determines that collocation of the proposed facility would result in greater visual impacts than if a new support structure were proposed.
Proposed facilities shall be assessed as potential collocation facilities or sites to promote facility and site sharing so as to minimize the overall visual impact. Sites determined by the Department to be appropriate as collocated facilities or sites shall be designed in a way that antenna support structures and other associated features (e.g. parking areas, access roads, utilities, equipment buildings) may be shared by site users. Criteria used to determine suitability for collocation include the visibility of the existing site, potential for exacerbating the visual impact of the existing site, availability of necessary utilities (power and telephone), existing vegetative screening, availability of more visually suitable sites that meet the radiofrequency needs in the surrounding area, and cumulative radiofrequency emission studies showing compliance with radiofrequency standards established by the FCC. Additional requirements regarding collocation are located in Subsection E.3 (Collocation) below.
d.
Support facilities (e.g., vaults, equipment rooms, utilities, equipment enclosures) shall be located underground or blend in with the surrounding environment, if they would otherwise be visible from public viewing areas (e.g., public road, trails, recreational areas), or shall be screened by existing or new landscaping, fences, and/or walls.
3.
Telecommunication facilities allowed in compliance with Subsection C.3 through Subsection C.4 of this Section shall comply with the following development standards in all instances, except that the review authority may exempt a facility from one or more standards if requested by the applicant. An exemption shall only be granted if the review authority finds, after receipt of sufficient evidence, that failure to adhere to the standard in the specific instance shall not increase the visibility of the facility or decrease public safety, or is required due to technical considerations and if the exemption was not granted the area proposed to be served by the facility would otherwise not be served by the carrier proposing the facility, or it would avoid or reduce the potential for environmental impacts.
a.
A facility shall not be located so as to silhouette against the sky if substantially visible from a state-designated scenic highway or roadway located within a scenic corridor as designated on the Comprehensive Plan maps.
b.
A facility shall not be installed on an exposed ridgeline unless it blends with the surrounding existing natural or manmade environment in a manner that ensures that it will not be substantially visible from public viewing areas (e.g., public road, trails, recreation areas) or is collocated in a multiple user facility.
c.
Telecommunication facilities that are substantially visible from public viewing areas shall be sited below the ridgeline, depressed or located behind earth berms in order to minimize their profile and minimize any intrusion into the skyline. In addition, where feasible, and where visual impacts would be reduced, the facility shall be designed to look like the natural or manmade environment (e.g., designed to look like a tree, rock outcropping, or streetlight) or designed to integrate into the natural environment (e.g., imbedded in a hillside). These facilities shall be compatible with the existing surrounding environment.
E.
Project installation and post installation provisions.
1.
FCC Compliance. The facility shall be operated in strict conformance with: (i) all rules, regulations, standards and guidance published by the FCC, including but not limited to, safety signage, Maximum Permissible Exposure (MPE) Limits, and any other similar requirements to ensure public protection and (ii) all other legally binding, more restrictive standards subsequently adopted by federal agencies having jurisdiction.
a.
Demonstration of compliance. Compliance with all applicable standards shall be demonstrated with a report prepared by a qualified professional acceptable to the County to perform radio frequency (RF) field testing to evaluate compliance with current federally established MPE standards. Compliance shall be demonstrated as needed to address changes in setting, technology and FCC regulations.
b.
Conditions of approval. The approved planning permit for the facility may include conditions of approval as determined to be appropriate by the review authority to ensure that the facility is operated in a manner that does not pose, either by itself or in combination with other facilities, a potential threat to public safety. Said conditions of approval may include the following requirements:
(1)
Initial verification. The Permittee shall submit a report prepared by a qualified professional acceptable to the County (wholly independent of Permittee) that includes a RF field test that measures actual RF electromagnetic exposure at the site within 30 days of Final Building Permit Clearance.
(a)
This RF field-testing shall measure all ambient sources of RF energy at the site and report the cumulative RF exposure, including contributions from the site together with other sources of RF energy in the environment as a whole,
(b)
The field test should include the author's/professional's findings with respect to compliance with federally established MPE standards.
(c)
Should the facility exceed the applicable standards, the facility shall cease and desist commercial operations until it complies with, or has been modified to comply with, applicable RF standards.
(2)
Continued compliance. The Permittee shall demonstrate continued compliance with the MPE limits through submittal of regular RF field test reporting in compliance with the following.
(a)
Every five years, or other time period as specified by the review authority as a condition of approval of the project, a report prepared by a qualified professional acceptable to the County to perform RF field testing to evaluate compliance with current federally established MPE standards shall be prepared that lists the actual measured level of RF emissions radiating from the whole facility. The report shall be submitted by the newest carrier operating at the facility to the Director. If the level of RF emissions has changed since permit approval, measurements of RF levels in nearby inhabited areas shall be taken and submitted with the report.
(3)
Facility upgrades. Prior to the addition/replacement of equipment which has the potential to increase RF emissions at any public location beyond that estimated in the initial application and is within the scope of the project description, Permittee shall submit a report providing the calculation of predicted maximum effective radiated power including the new equipment as well as the maximum cumulative potential public RF exposure expressed as a percentage of the public MPE limit attributable to the site as a whole. Once the new equipment has been installed, Permittee shall perform Initial Verification as stated above.
(4)
Updated standards. In the event the federally established RF public exposure standards change, the Permittee shall submit a report with calculations of the maximum potential public RF exposure from the Project with respect to the revised RF public exposure standards within 90 days of the date the change becomes effective. If calculated levels exceed 80 percent of the applicable RF standards, Permittee shall notify the County and submit a MPE compliance verification report with the results from current RF field-testing at the site.
c.
Failure to supply reports. Failure to supply the reports required in compliance with this Subsection E.1 within 30 days following the date that written notice is mailed by the Director that such compliance report is due or failure to remain in continued compliance with the MPE limit shall be grounds for revocation of the Zoning Clearance or other entitlement of use by the Director. The decision of the Director to revoke the Zoning Clearance or other entitlement of use is final subject to appeal in compliance with Chapter 35.102 (Appeals).
2.
Project Review. The County reserves the right to undertake inspection of the facility and require the Permittee to modify its facilities should a more effective means of ensuring aesthetic compatibility with surrounding uses have become available as a result of subsequent technological advances, changes in circumstance from the time the project was initially approved, or the project fails to achieve the intended purposes of the development standards listed in Subsection D. (Additional development standards for telecommunication facilities).
3.
Collocation. The Permittee shall avail its facility and site to other telecommunication carriers and, in good faith, accommodate all reasonable requests for collocation in the future subject to the following parameters:
a.
The party seeking collocation shall be responsible for all facility modifications, environmental review, mitigation measures, associated costs, and permit processing.
b.
The permittee shall not be required to compromise the operational effectiveness of its facility or place its prior approval at risk.
c.
The Permittee shall make its facilities and site available for collocation on a non-discriminatory and equitable cost basis.
d.
The County retains the right to verify that the use of the Permittee's facilities and site conforms to County policies.
4.
Abandonment-Revocation.
a.
The Permittee shall remove all support structures, antennas, equipment and associated improvements and restore the site to its natural pre-construction state within one year of discontinuing use of the facility or upon permit revocation.
b.
Should the Permittee require more than one year to complete removal and restoration activities the Permittee shall apply for a one-time time extension.
c.
In the event the Owner requests that the facility or structures remain, the Owner shall apply for necessary permits for those structures within one year of discontinued use.
d.
If use of the facility is discontinued for a period of more than one year and the facility is not removed the County may remove the facility at the Permittee's expense.
5.
Transfer of ownership. In the event that the Permittee sells or transfers its interest in the telecommunications facility, the Permittee and/or succeeding carrier shall assume all responsibilities concerning the Project and shall be held responsible by the County for maintaining consistency with all conditions of approval. The succeeding carrier shall immediately notify the County and provide accurate contact and billing information to the County for remaining compliance work for the life of the facility.
6.
Color compatibility. Prior to the issuance of a Zoning Clearance, the applicant shall erect an onsite demonstration structure of sufficient scale and height to allow the Director to determine that the proposed exterior color is aesthetically compatible with the surrounding area. If the applicant elects not to erect this demonstration structure prior to issuance of the Zoning Clearance, the Director may determine within 30 days of the facility becoming operational that the exterior color is not aesthetically compatible with the surrounding area and require that the exterior color be changed.
F.
Additional findings. In addition to the findings required to be adopted by the review authority in compliance with Section 35.82.060 (Conditional Use Permits and Minor Conditional Use Permits) and Section 35.82.210 (Zoning Clearances) in order to approve an application to develop a telecommunication facility, the review authority shall also make the following findings:
1.
The facility is located to minimize its visibility from public view and is designed to blend into the surrounding environment to the greatest extent feasible.
2.
The facility complies with all required development standards unless granted a specific exemption by the review authority as provided in Subsection D. (Additional development standards for telecommunication facilities) above.
a.
An exemption to one or more of the required development standards may be granted if the review authority additionally finds that in the specific instance that the granting of the exemption:
(1)
Would not increase the visibility of the facility or decrease public safety, or
(2)
Is required due to technical considerations, or
(3)
Would avoid or reduce the potential for environmental impacts.
3.
The applicant has demonstrated that the facility shall be operated within the frequency range allowed by the FCC and complies with all other applicable safety standards.
G.
Additional findings for exceptions to height limits - Rural area. In addition to the required findings of Subsection F. (Additional findings) above, and Section 35.82.060 (Conditional Use Permits and Minor Conditional Use Permits), an exception to the height limits for a telecommunications facility used for the commercial reception and transmission of radio and television signals in the Rural Area as designated on the Comprehensive Plan maps (not exceeding 200 feet) shall be approved only if all of the following findings can be made:
1.
The support structure and antenna do not intrude into the skyline as seen from a County-designated scenic highway.
2.
The support structure and antenna exceed 100 feet only when technical requirements dictate (e.g. FCC signal strength and required coverage).
3.
The height of the support structure and antenna are reduced to the maximum extent feasible, taking into account the use for which the antenna is proposed.
4.
The support structure and antenna do not interfere with the enjoyment and use of surrounding properties.
5.
The support structure and antenna do not result in a substantial detrimental visual effect on open space views as seen from public viewing points.
6.
The visual impacts are not substantially exacerbated with the addition of the proposed tower at a co-located site.
H.
Application requirements.
1.
An application for a Conditional Use Permit or Zoning Clearance to permit the development of a commercial telecommunication facility regulated by this Section shall be filed and processed in compliance with Chapter 35.80 (Permit Application Filing and Processing).
a.
If an applicant for a commercial telecommunication facility fails to provide the necessary information requested by the Department to review the application, the application shall expire and be deemed withdrawn, without any further action by the County, in compliance with Section 35.80.050.
2.
The Director is authorized at their discretion to employ on behalf of the County independent technical experts to review technical materials submitted including materials required under this Chapter. Proprietary information disclosed to the County or the hired expert shall remain confidential and shall not be disclosed to a third party.
3.
Design Review. Commercial telecommunication facilities that qualify as Tier 1 improvements or that qualify as Tier 2 improvements that comply with the design standards in Subsections C.2.a.(7) through C.2.a.(9) are exempt from design review. Commercial telecommunication facilities subject to Zoning Administrator or Planning Commission approval, and facilities that include the construction of a new structure or the remodel of or addition to an existing structure that is otherwise subject to Design Review, shall be subject to Design Review in compliance with Section 35.82.070 (Design Review).
(Ord. No. 5231, § 1, 2-4-2025)
35.44.020 - Noncommercial Telecommunications Facilities
A.
Purpose and intent. This Section establishes the permit requirements and standards for the siting and development of noncommercial telecommunication facilities. The intent is to promote their orderly development and to ensure that they are compatible with surrounding land uses in order to protect the public safety and visual resources through the use of development standards that allow for maximum flexibility in amateur radio operations while protecting the public interest. It is recognized that there are local, state, national, and international interests in services provided by the amateur radio community and the provision of these services shall be protected. However, this shall be balanced with local interests regarding public safety and welfare.
B.
Applicability.
1.
Affected facilities and equipment. The provisions of this Section shall apply to all noncommercial telecommunication facilities that transmit or receive electromagnetic signals (e.g., amateur radio stations, other noncommercial telecommunication signals).
2.
Allowable zones and permit requirements. Table 4-21 (Allowable Zones and Permit Requirements for Noncommercial Telecommunications Facilities) below establishes the allowable zones, permit requirements, and development standards applicable to noncommercial telecommunications facilities as allowed by this Section. Different permit processes shall be required depending on the type of the noncommercial telecommunication facility being proposed and whether the facility complies with different development standards.
Table 4-21- Allowable Zones and Permit Requirements for Noncommercial Telecommunication Facilities
Notes:
(1) The antenna shall be used solely by the occupants of the lot on which the antenna is located.
(2) The antenna may be located on the ground or attached to a structure.
(3) Where the height of the antenna including the support structure is adjustable (e.g., a retractable, telescoping or tilt-over antenna), the height of the antenna with support structure shall be measured when it is at the lowest position, provided the antenna with support structure is maintained at the lowest position unless the associated antenna radio station is operating.
(4) The amateur radio antenna shall be used in conjunction with a licensed amateur radio station, including Military Affiliated Radio Stations, operated principally by the occupant of the lot on which the amateur radio antenna and station is located.
(5) The Director shall act as the review authority unless a public hearing is requested in compliance with Section 35.106 (Noticing and Public Hearings) in which case the Zoning Administrator shall be the review authority.
C.
Processing. Permits for Tier 1 or Tier 2 noncommercial telecommunication facilities shall be approved in compliance with the requirements of Subsection D. through Subsection F. below, unless otherwise specified.
D.
Development standards.
1.
The following standards shall apply to the construction or erection of antennas and antenna support structures associated with amateur radio stations.
a.
Access. An antenna and its support structure shall not impede access by fire or other safety personnel to portions of the lot that the antenna and support structure is located on. Where this access would be impeded, a minimum of three feet clearance shall be provided between the antenna support structure and another structure or other obstacle.
b.
Location on roofs. Antenna support structures that are located on roofs shall be located on the portion of that structure that faces away from public viewing areas (e.g., public streets, parks) whenever feasible.
c.
Permit Requirements. Required Building and Electrical Permits shall be obtained before erecting or operating the antenna support structure and associated antenna.
d.
Extension over neighboring property. An antenna, regardless of height, shall be located to ensure that it does not extend over neighboring lot without the express written, notarized consent of the affected lot owner. If the affected lot changes ownership, the written, notarized consent shall be obtained from the new owner within 120 days from the transfer of ownership. If a new agreement cannot be reached within this time period, then the antenna shall be modified so that it does not extend over the lot line. If the antenna support structure must be relocated, then a new Land Use Permit or Zoning Clearance in compliance with Section 35.82.110 (Land Use Permits) or Section 35.82.210 (Zoning Clearances) shall be obtained before relocation of the antenna support structure.
2.
Height limits and exceptions.
a.
Amateur radio antennas, including support structures, are limited to 100 feet in height.
(1)
Amateur radio antennas, including support structures, may exceed 100 feet in height provided the review authority finds that an increased height is necessary in order to allow for the operational needs of the operator.
(2)
In all cases the height of amateur radio antennas, including support structures, shall be in compliance with the requirements of Section 35.28.060 (Airport Approach (F) Overlay Zone).
E.
Public notice. Notice of the approval of any Land Use Permit or the pending decision of the Director on a Development Plan, or a public hearing on a Development Plan shall be given in compliance with Section 35.106 (Noticing and Public Hearings).
F.
Application requirements. An application for a Conditional Use Permit, Development Plan or Land Use Permit to permit the development of a noncommercial telecommunication facility regulated by this Section shall be filed and processed in compliance with Chapter 35.80 (Permit Application Filing and Processing).
35.44.030 - Telecommunications Facilities Appurtenant to Natural Gas Distribution Facilities
A.
Purpose and intent. This Section establishes the development standards for the siting and construction of wireless telecommunications facilities appurtenant to natural gas transmission and distribution facilities (natural gas telecommunications facilities). The intent is to promote the orderly development of natural gas telecommunications facilities and protect public safety as well as visual, biological, and other environmental resources.
B.
Applicability. The provisions of this Section shall apply to natural gas telecommunications facilities.
C.
Processing. The following information provides permit requirements and development standards for natural gas telecommunications facilities.
1.
Permit requirements and Design Review. Prior to the construction or use of a natural gas telecommunication facility, the applicant shall obtain a Zoning Clearance in compliance with Section 35.82.210 (Zoning Clearances) and Subsection C.1.a (Zoning Clearance), below. If the proposed natural gas telecommunication facility does not meet the requirements for a Zoning Clearance, the applicant shall obtain a Land Use Permit in compliance with Section 35.82.110 (Land Use Permits).
a.
Zoning Clearance. Natural gas telecommunications facilities must meet the following requirements to be eligible for a Zoning Clearance:
(1)
An application for a Zoning Clearance shall be submitted in compliance with Chapter 35.80 (Permit Application Filing and Processing).
(2)
The development standards of Subsection D (Requirements for Zoning Clearance issuance), below, and the requirements of Section 35.82.210 (Zoning Clearances) shall be met. Natural gas telecommunications facilities that meet all requirements in Subsection D, below, (Requirements for Zoning Clearance issuance), shall be exempt from Design Review, in compliance with Section 35.82.070 (Design Review).
b.
Land Use Permit. If the proposed natural gas telecommunication facilities do not meet the requirements for a Zoning Clearance, the applicant shall obtain a Land Use Permit, subject to the following:
(1)
An application for a Land Use Permit shall be submitted in compliance with Section 35.80.030 (Application Preparation and Filing).
(2)
The proposed natural gas telecommunication facility shall be in compliance with Section 35.82.110 (Land Use Permits).
D.
Requirements for Zoning Clearance issuance. Natural gas telecommunications facilities shall comply with the following standards to be eligible for a Zoning Clearance in compliance with Section 35.82.210 (Zoning Clearances).
1.
Development standards.
a.
Setbacks. Natural gas telecommunications facilities shall be exempt from any and all setback requirements of this LUDC, except those required by this Section.
b.
Size limits.
(1)
New utility pole. New natural gas telecommunication facility poles shall have a height no greater than 35 feet and a diameter no greater than 12 inches. Pole heights shall be measured from the existing grade to the top of the pole. Notwithstanding the foregoing, an existing, operational public utility pole or similar support structure (e.g., street light pole) that is reconstructed to its pre-existing height and diameter for mounting of natural gas telecommunications facilities using the same or substantially similar materials shall not be considered a new pole and may be reconstructed to its pre-existing height and diameter.
(2)
Wireless signal transmitting and/or receiving devices. All wireless signal transmitting and/or receiving devices that are mounted on a new pole or collocated on an existing pole, shall be enclosed in a container that has a height no greater than 24 inches, a width no greater than 24 inches, a depth no greater than 18 inches, and the container is mounted no more than 12 inches from the utility pole. Wireless signal transmitting and/or receiving devices that are installed at heights equal to or less than 15 feet from ground level shall be enclosed in a container that has a height no greater than 35 inches, a width no greater than 18 inches, and a depth no greater than 16 inches.
(3)
Solar panel. Solar panels shall have a height no greater than 30 inches, a width no greater than 35 inches, and mounted no more than 15 inches from the utility pole.
(4)
Antennas. Antennas shall have a height no greater than 29 inches. The primary lateral antenna support beam structure shall have a maximum length no greater than 4 feet. The combined height of the pole and antenna shall be no greater than 35 feet.
c.
Collocation. New wireless signal transmitting and/or receiving devices shall be collocated on an existing utility pole or other support structure (e.g., streetlight, public building, transmission tower, or water tower), including use of existing electric and/or telephone pedestals, unless:
(1)
The applicant, as part of its application, provides a signed statement and supporting evidence (e.g., photos, technical specifications, correspondences) to the Department supporting that collocation is infeasible due to one or more of the following reasons:
(a)
There are no existing support structures within 500 feet of the proposed natural gas telecommunications facilities.
(b)
The applicant has been unable to secure a service agreement with the owner of existing utility poles within 500 feet of the proposed location on terms acceptable to the applicant.
(c)
The existing support structures within 500 feet of the proposed location do not provide adequate line-of-sight for the wireless signal transmitting and/or receiving devices.
(d)
The existing support structures within 500 feet of the proposed location do not allow for required physical distancing of wireless signal transmitting and/or receiving devices.
(e)
The existing support structures within 500 feet would not be close enough to existing utility equipment to achieve the desired wireless signal transmitting and/or receiving coverage.
(f)
The existing support structures within 500 feet of the proposed location cannot be utilized in a safe manner.
d.
Lighting. New natural gas telecommunications facilities shall be unlit. Natural gas telecommunications facilities may be collocated on an existing lit operational public utility pole, provided the natural gas telecommunications facility does not include any additional lighting.
e.
Construction.
(1)
No more than four cubic yards of soil shall be excavated for the installation of a new pole.
(2)
No new poles shall be located on existing slopes exceeding 20 percent grade.
(3)
Project construction shall not be conducted within the critical root zone of any native or non-native tree of more than six inches in diameter measured four feet above existing grade, or more than six feet in height. The critical root zone is defined as a circle around a tree trunk with a radius equivalent to one (1) foot for each one (1) inch diameter of the tree at 4.5 feet above grade.
f.
Signage. No signs shall be installed for natural gas telecommunications facilities, except for signs or labels required for internal utility identification or operations, or required, by agencies with regulatory authority, including but not limited to the California Public Utilities Commission (CPUC) or Federal Communications Commission (FCC).
g.
Fencing. No permanent fencing shall be installed for the natural gas telecommunications facilities.
h.
Pole steps. No pole steps shall be installed on utility poles.
i.
Location. The applicant shall provide photo simulations, site plans, aerial imagery, or other materials necessary to depict the following, as applicable:
(1)
Natural gas telecommunication facilities shall not be sited within a scenic highway corridor, defined here as the corridor of land that extends 2,000 feet outward from the right-of-way lines of any state scenic highway, unless the natural gas telecommunication facilities are: (i) collocated on an existing utility pole or similar support structure; or (ii) located within 500 feet of existing utility poles on public right-of-way that has previously been graded, compacted, graveled, cleared, sealed, or paved.
(2)
Natural gas telecommunications facilities installed on new poles shall not be installed on a ridgeline that is visible from a public viewing area (e.g., public roads trails, recreation areas).
(3)
Natural gas telecommunications facilities shall not be located within Environmentally Sensitive Habitat (ESH) or within 200 feet of the boundaries of ESH, except for facilities that meet the requirements of Subsection (b) below.
(a)
The applicant shall retain a Department-approved biologist to confirm that the proposed natural gas telecommunication facilities will be located at least 200 feet outside of the boundaries of ESH.
(b)
Natural gas telecommunications facilities may be collocated on existing utility poles or other support structures, or installed within public right-of-way that has been previously graded, compacted, graveled, cleared, sealed, or paved, in areas located outside ESH but within 200 feet of the boundaries of ESH, provided that:
(i)
All installation and maintenance equipment can be staged at least 200 feet outside the boundaries of ESH, and
(ii)
The natural gas telecommunication facilities can be installed using a boom lift or similar device located at least 200 feet outside the boundaries of ESH, or with equipment entirely located on an existing graded, compacted, graveled, cleared, sealed, or paved surface located outside ESH but within 200 feet of the boundaries of ESH.
(4)
Natural gas telecommunications facilities on new poles shall not be located within 500 feet of historic-period architectural resources that may meet the definition of "historical resources" in CEQA Guidelines Section 15064.5(a).
(a)
The applicant shall provide a written assessment from a Department-approved historian confirming that the proposed facility shall be in conformance with this requirement. At a minimum, the letter shall include the results of a records search through the Central California Information Center (CCIC), review of the County Historic Landmarks Advisory Commission lists of Historic Landmarks and Places of Historic Merit, and consultation with the local historical society (e.g., Carpinteria, Santa Ynez, and Lompoc historical societies).
(5)
Natural gas telecommunications facilities shall not be located within 200 feet of known archaeological resources that may meet the definition of "historical resources" in CEQA Guidelines Section 15064.5(a) or tribal cultural resources that may meet the definition of "tribal cultural resources" in Public Resources Code Section 21074.
(a)
The applicant shall provide a written assessment from a Department-approved archaeologist confirming that the proposed facility shall be in conformance with this requirement. At a minimum, the letter shall include the results of a records search through the Central California Information Center (CCIC).
(6)
Natural gas telecommunications facilities shall not be located on a site that is included on any list of hazardous waste facilities, disposal sites, and similar sites compiled pursuant to Section 65962.5 of the Government Code.
(7)
Natural gas telecommunications facilities shall not be located in a manner that blocks or impedes public access, including but not limited to public trails.
(8)
Natural gas telecommunications facilities shall be in compliance with the requirements of Section 35.28.060 (Airport Approach (F) Overlay Zone).
(9)
Natural gas telecommunications facilities on new poles shall be located in areas partially or fully screened with existing vegetation that would minimize their visibility from public roads and public viewing areas, unless:
(a)
The applicant, as part of its application, submits a signed statement and supporting evidence (e.g., photos, technical specifications, correspondences) to the Department supporting that it is infeasible to locate the new poles and wireless signal transmitting and/or receiving device in areas with existing vegetation due to one or more of the following reasons:
(i)
No vegetation of sufficient height exists in the proposed location to partially or fully screen the new pole and facilities.
(ii)
The existing vegetation that would screen the new pole and facilities would obstruct the required line-of-sight for the wireless signal transmitting and/or receiving device.
(iii)
The existing vegetation that would screen the new pole and facilities would prevent the solar panel from receiving direct sunlight.
(10)
Natural gas telecommunications facilities on new poles shall be clustered with existing utility poles, unless:
(a)
The applicant, as part of its application, submits a signed statement and supporting evidence (e.g. photos, technical specifications, correspondences) to the Department supporting that it is infeasible to locate the new pole within 500 feet of existing poles due to one or more of the following reasons:
(i)
There is insufficient physical space for a new pole near existing utility poles.
(ii)
If located near existing utility poles, the required line-of-sight for the wireless signal transmitting and/or receiving device on the new pole will be obstructed.
(iii)
The applicant has been unable to obtain an agreement from the landowner near existing utility poles to install a new pole on terms acceptable to the applicant.
(iv)
The site would not be close enough to existing utility customers to achieve the desired wireless signal transmitting and/or receiving coverage.
(v)
If located near existing utility poles, the natural gas telecommunications facility cannot be constructed or operated in a safe manner.
j.
Access roads and parking areas. Natural gas telecommunications facilities shall be served by existing roads and parking areas. They shall not include new roads or parking areas.
k.
Non-reflective surfaces. Exterior surfaces of all poles and wireless signal transmitting and/or receiving devices and antennas shall be of non-reflective material.
l.
Landscaping. Natural gas telecommunications facilities shall be constructed to maintain and enhance existing vegetation, through the implementation of the following measures:
(1)
Existing trees shall not be removed or damaged as part of installation.
(2)
Where otherwise not already restricted in Section 35.44.030, landscaping vegetation that screens the natural gas telecommunications facility as seen from public viewing places shall not be removed as part of installation, except where necessary to avoid signal interference or to accommodate solar charging to and from the approved natural gas telecommunications facility.
2.
Project installation and post installation provisions.
a.
FCC and CPUC Compliance. Natural gas telecommunications facilities shall be operated in strict conformance with: (i) all rules, regulations, standards and guidance published by the FCC and CPUC, including but not limited to, safety signage, Maximum Permissible Exposure (MPE) Limits, and any other similar requirements to ensure public protection; and (ii) all other legally binding, more restrictive standards subsequently adopted by federal agencies having jurisdiction.
b.
Demonstration of compliance. Compliance with all applicable standards shall be demonstrated with a report prepared by a qualified professional to submit a radiofrequency (RF) report demonstrating compliance with current federally established MPE standards. Compliance shall be demonstrated as needed to address changes in setting, technology, and FCC and CPUC regulations.