Th 6 b c Santa Barbara County LCP

Th 6 b & c Santa Barbara County LCP Amendment 1 -09 -A and –B Land Use and Development Code (LUDC) Montecito Land Use and Development Code (MLUDC) & Rezone 1

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Land Use and Development Code This is a Major Overhaul of the Certified Zoning Ordinance, including: • The addition of hundreds of definitions • Changes to Applicability, Interpretation, & Conflict Resolution • New Exemptions for Cultivated Agriculture, Grazing, and Animal-Keeping • Changes to provisions related to: density bonuses, use determinations, zoning clearances, development agreements, application contents, administrative responsibilities, etc. 3

Principal Permitted Use • Section 30603(a)(4) of the Coastal Act provides that approval, by a coastal county, of any development that is not designated in the LCP as “the principal permitted use” is appealable to the Coastal Commission • The Certified LCP lists “Permitted Uses” but does not identify which are “the Principal Permitted Use” 4

First Issue Area Exemptions: Principal Permitted Use: • Animal-Keeping/Confined Animal Facilities • Cultivated Agriculture/Grazing • Lot Mergers • Animal-Keeping/Confined Animal Facilities • Cultivated Agriculture/Grazing • Residences on Agricultural Lands • Guest House/Art Studios Development Standards: • Private Bluff Stairways • Sea Level Rise Land Uses: Schools in Ag Zones 5

Animal-Keeping • Animal-keeping and Confined Animal Facilities (CAFs) require a CDP under the current, certified LCP • The LUDC Proposes to Exempt Animal-Keeping and CAFs in a number of zones, including residential and agricultural zones • Staff Recommendation: Where legally established CAFs exist, no CDP required for additional or replacement animals, provided the total number does not exceed the County’s established maximum • Staff Recommendation: New or Additional CAFs Require a CDP 6

Agricultural Expansion New or expanded areas of cultivated agricultural, orchards, vineyards, and grazing may be exempt if it: (1) Does not occur on slopes of 30 percent or greater or require any cut or fill that exceeds three feet in vertical distance or require grading over 50 cu. yds. For the purposes of this subsection C. 3. e, grading includes cut and fill but does not include tilling of the soil. (2) Is not located within 100 feet of the top of bank of any creek, stream or watercourse. (3) Is not located within 100 feet of environmentally sensitive habitat areas, riparian areas, or wetlands. (4) Does not result in the removal of native or non-native protected trees. And (5) The Director provides specific written confirmation that the proposed new or expanded agricultural operation conforms to the exemption criteria above, prior to implementing the new or expanded operation. 7

Lot Mergers • Lot Mergers and Lot Line Adjustments Constitute Development Under the LCP • The Certified LCP requires an Appealable CDP for Lot Mergers • Due to the Current County Practice of Exempting Lot Mergers, the Staff Recommendation Specifies That Lot Mergers Require an Appealable CDP. 8

Second Issue Area Exemptions: Principal Permitted Use: • Animal-Keeping/Confined Animal Facilities • Cultivated Agriculture/Grazing • Lot Mergers • Animal-Keeping/Confined Animal Facilities • Cultivated Agriculture/Grazing • Residences on Agricultural Lands • Guest House/Art Studios Development Standards: • Private Bluff Stairways • Sea Level Rise Land Uses: Schools in Ag Zones 9

Appealability CDP, Appealable: CDP, Not Appealable*: • Habitat Restoration • Horse-Related Structures in zones other than Agricultural or Residential Zones • Lot Mergers • Residences in Agricultural Zones where: - Dwelling is greater than 5, 000 sq. ft. - Total Development Area is greater than 10, 000 sq. ft; OR - Not Occupied by Operator or Owner • Animal-Keeping and Confined Animal Facilities in Agricultural Zones • Guest Houses/Artist Studios • Horse-Related Structures in Residential Zones • New and Expanded Agriculture or Grazing in Ag Zones (in cases where development not already exempt) • Residences in Agricultural Zones where: - Dwelling is 5, 000 sq. ft. or less - Total Development Area is 10, 000 sq. ft. or less; AND - Occupied by operator or owner * Development is not appealable based on Sec 30603(a)(4) reasons; however, the development 10 may be appealable for other Sec 30603 reasons such as geographic appeals area.

Third Issue Area Exemptions: Principal Permitted Use: • Animal-Keeping/Confined Animal Facilities • Cultivated Agriculture/Grazing • Lot Mergers • Animal-Keeping/Confined Animal Facilities • Cultivated Agriculture/Grazing • Residences on Agricultural Lands • Guest House/Art Studios Development Standards: • Private Bluff Stairways • Sea Level Rise Land Uses: Schools in Ag Zones 11

Private Bluff Stairways • Bluff face development, drainage structures. “No development shall be permitted on the bluff face, except for engineered staircases or access ways to provide public beach access, and pipelines for scientific research or coastal dependent industry. . . ” • Lawfully established private staircases down bluffs may be repaired and maintained, including structural repairs, provided that cumulatively no more than 50 percent of the structural underpinnings (including foundations, pilings, and support beams) are reconstructed or replaced over the life of the structure. • The reconstruction or replacement of 50 percent or more of a staircase is not repair and maintenance but instead constitutes a replacement structure. 12

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Third Issue Area Exemptions: Principal Permitted Use: • Animal-Keeping/Confined Animal Facilities • Cultivated Agriculture/Grazing • Lot Mergers • Animal-Keeping/Confined Animal Facilities • Cultivated Agriculture/Grazing • Residences on Agricultural Lands • Guest House/Art Studios Development Standards: • Private Bluff Stairways • Sea Level Rise Land Uses: Schools in Ag Zones 14

Fourth Issue Area Exemptions: Principal Permitted Use: • Animal-Keeping/Confined Animal Facilities • Cultivated Agriculture/Grazing • Lot Mergers • Animal-Keeping/Confined Animal Facilities • Cultivated Agriculture/Grazing • Residences on Agricultural Lands • Guest House/Art Studios Development Standards: • Private Bluff Stairways • Sea Level Rise Land Uses: Schools in Ag Zones 15

Montecito Country Club Area of Proposed Rezone in the Montecito Planning Area Highw Santa Barbara Cemetery ay 10 1 16

APN 009 -230 -025 and -026 Approximate City of Santa Barbara Boundary Co un ty of San ta Ba rba ra Cit y of San ta Ba rba ra ara rb a a B bara nt r a f S ta Ba o n ty un of Sa o C y Cit 17