Santa Barbara County LCP Amendment 1-09-A and –B Land Use and Development Code (LUDC) & Rezone Th17 b & c.

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Presentation transcript:

Santa Barbara County LCP Amendment 1-09-A and –B Land Use and Development Code (LUDC) & Rezone Th17 b & c

Area of Proposed Rezone in the Montecito Planning Area Santa Barbara Cemetery Montecito Country Club Highway 101

APN and -026 Approximate City of Santa Barbara Boundary

Group 1 – Specific Issue Areas – Agricultural Expansion Exemptions – Grazing Exemptions – Animal Keeping – Guest Houses and Artist Studios as Principal Permitted Uses – Private Bluff Stairways

Agricultural Expansion 3. Agricultural activities. As part of existing, on-going lawfully established agricultural operations, the following development and uses are exempt from the requirement to obtain a Coastal Development Permit, except as provided in Section C.1 above. In the Coastal Zone, new or expanded areas of agricultural activities are not exempt and require the issuance of a Coastal Development Permit in compliance with Section (Coastal Development Permits) unless they are in compliance with Subsection 3.e or 3.i, below. [Emphasis Added] … e. Cultivated, agricultural, orchards and vineyards, new or expanded areas. New cultivated agriculture, orchards and vineyards where the agricultural activities do not occur within existing areas of cultivated agriculture, orchards, and vineyards may also be exempt if the development of new cultivated agriculture, orchards or vineyards: (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. [Emphasis Added] (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. Source: Suggested Modification 11, Page 107 of the Staff Report

Grazing Exemptions C.3.h h.Grazing, historic legal use. Grazing when located in existing grazing areas including the normal rotation of livestock from one pasture to another. The conversion of grazing area to cultivated agriculture, orchard, or vineyard shall be interpreted as an increase in the intensity of use. This exemption does not include confined animal facilities unless such development is otherwise exempt in compliance with this Section. … Source: Suggested Modification 11, Page 1 of the Aug 11 Addendum

Animal Keeping Staff Recommendation: Household Pets & Wildlife Species Rehabilitation May Be Exempt from CDP Req’t All Other Allowed Animal-Keeping Requires A Coastal Development Permit County Request: Allow Animal-Keeping To Be Exempt Where A CDP Is Normally Required IF Similar Animal-Keeping Has Historically & Lawfully Occurred On The Property Designate The Keeping Of Large Animals And Other Livestock As A Principal Permitted Use

Residential Accessories Staff Recommendation: All Guest Houses and Artist Studios Require An Appealable CDP County Request: Identify Guest Houses & Artist Studios As Accessory Residential Uses That Could Be Considered A Component Of The Principal Permitted Residential Use

Private Bluff Stairways E.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. Drainpipes shall be allowed only where no other less environmentally damaging drain system is feasible and the drainpipes are designed and placed to minimize impacts to the bluff face, toe, and beach. Drainage devices extending over the bluff face shall not be permitted if the property can be drained away from the bluff face. 1.Notwithstanding the other provisions of this code regarding repair and replacement of non-conforming structures, lawfully established staircases and access ways that provide beach access and are not available for use by the general public 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 but not including individual stairs and railings) 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. Source: Suggested Modification 21, Page 125 of the Staff Report

Group 2 Issues School facilities in agricultural zones Lot mergers Level of residential development that can be considered part of the Principal Permitted Residential Use on agriculturally-zoned properties.