Section 35-190. - General.

The provisions of this DIVISION implement portions of Summerland Community Plan components of the County's Local Coastal Plan and serve to carry out certain policies of this Community Plan. The provisions of this DIVISION are in addition to the other provisions of this Article. Where provisions of this DIVISION conflict with other provisions of this Article, the provisions of this DIVISION shall take precedence.

Section 35-191. - Summerland - SUM.

(Amended by Ord. 4887, 06/09/2016)

Section 35-191.1 Applicability.

The provisions of this section apply to the community of Summerland as defined by the Summerland Community Land Use Map. All provisions of the Summerland Community Plan, Coastal Land Use Plan and applicable portions of the Comprehensive Plan, including all the goals, objectives, policies, actions, development standards and design guidelines, shall also apply to the area zoned with the SUM Overlay District.

Section 35-191.2 Definitions.

For the purposes of this Section, the following definitions apply to the area zoned with the SUM Overlay District:

Floor Area, Net Commercial: The gross floor area excluding shafts, stairways, unusable attics, unenclosed porches and balconies, and any areas with a ceiling height of less than five feet above finished floor.

Floor Area, Net Residential: The total floor area of all floors of a primary residence on a residential lot or on a lot devoted to residential use as measured to the interior surfaces of exterior walls, or from the centerline of a common or party wall separating two structures, excluding any areas with a ceiling height of less than five feet above finished floor, unenclosed porches, balconies and decks. Interior stairs shall be counted on only one floor.

Floor Area Ratio (FAR): A measurement of development intensity represented by the quotient of Net Floor Area of the structure divided by the Net Lot Area.

Floor below Grade: A floor wholly or partially below grade.

Mixed Use Development, Residential Component: Dwellings associated with a mixed use project.

Plate height: Plate height is the distance between the floor and where the wall intersects with the roof or the floor joists of the story above.

Summerland Community Plan Area Commercial Core: The area encompassing the Limited Commercial (C1) zone as shown on the Summerland Community Plan Urban Grid and Commercial Core map.

Summerland Community Plan Area Urban Grid: The Single and Two-Family Residential (R-1/E-1, R-2) and Design Residential (DR) zone districts up to the Urban Area/Rural Area boundary line as shown on the Summerland Community Plan Urban Grid and Commercial Core map.

True Basement, Commercial: Any under-floor space below an interior floor located directly above where the distance between the finished grade around the exterior perimeter of a commercial structure and the elevation of the finished floor directly above does not exceed 18 inches at any point.

Understory: The portion of the structure between the exposed finished floor and the finished grade (as defined by the latest edition of the Uniform Building Code).

Section 35-191.3 Reserved for Future Use.

Section 35-191.4 Height Limit.

Notwithstanding the height limits contained in Division 4 (Zoning Districts), the allowable height of structures shall be 25 feet for structures located within the Urban Area and Rural Neighborhoods, and 16 feet for structures located in the Rural Area.

1.

The height of a structure shall be determined in compliance with Section 35-127 (Height).

Section 35-191.5 Floor Area Limit.

1.

Floor area limit. Structures subject to this subsection shall not exceed the following maximum floor area limits.

a.

One-family dwellings. All new one-family dwellings and additions to existing one-family dwellings in any zone district except the Design Residential (DR) Zone District are subject to the following standards:

1)

Lots having a lot area (net) of less than 12,000 square feet. On lots with a lot area (net) of less than 12,000 square feet, the net floor area of structures subject to this Section 35-191 (Summerland - SUM) shall be in compliance with the following Table 13-1 (One-Family Dwelling Floor Area Limits). The net floor area shall not exceed the amount calculated using the FAR or the Maximum Allowable Square Footage per Lot Area, whichever is less.

Table 13-1- One-Family Dwelling Floor Area Limits

2)

Lots between 12,000 square feet and 10 acres. On lots with a lot area (net) of 12,000 square feet and greater but less than 10 acres, the net floor area of structures subject to this Section 35-191 (Summerland - SUM) shall not exceed 2,500 square feet plus five percent of the net lot area; however, in no case shall the net floor area exceed 8,000 square feet.

3)

Lots between 10 acres and 20 acres. On lots with a lot area (net) of 10 acres and greater but less than 20 acres, the net floor area of structures subject to this Section 35-191 (Summerland - SUM) shall not exceed 8,000 square feet plus 0.25 percent of the net lot area; however, in no case shall the net floor area exceed 10,000 square feet.

4)

Lots between 20 acres and 40 acres. On lots with a lot area (net) of 20 acres and greater but less than 40 acres, the net floor area of structures subject to this Section 35-191 (Summerland - SUM) shall not exceed 8,000 square feet plus 0.25 percent of the net lot area; however, in no case shall the net floor area exceed 12,000 square feet.

5)

Lots 40 acres and greater. On lots with a lot area (net) of 40 acres or greater, the net floor area of structures subject to this Section 35-191 (Summerland - SUM) shall not exceed 8,000 square feet plus 0.25 percent of the net lot area; however, in no case shall the net floor area exceed 15,000 square feet.

Accessory dwelling units and junior accessory dwelling units. The floor area limits enumerated above do not apply to existing or proposed accessory dwelling units or junior accessory dwelling units approved in compliance with Section 35-142 (Accessory Dwelling Units and Junior Accessory Dwelling Units).

b.

Two-family dwellings. All new two-family dwellings and additions to existing two-family dwellings are subject to the following standards:

1)

The net floor area of the two-family dwelling shall not exceed the amount calculated using a 0.27 FAR.

2)

The total maximum habitable area of both units shall be 3,600 square feet of floor area (net).

c.

Commercial and Mixed Use development.

1)

Commercial development. The net floor area of a development containing only commercial uses shall not exceed the amount calculated using a 0.27 FAR.

2)

Mixed use development. The net floor area of a development containing both commercial and residential uses shall not exceed the amount calculated using a 0.33 FAR.

a)

All net floor area that exceeds the amount calculated using a 0.27 FAR shall be utilized exclusively for residential uses; however, the residential use shall be secondary to the commercial use.

2.

Adjustments to maximum allowed floor area.

a.

Accessory structures (detached) on lots less than or equal to 10,000 square feet (net). Except as provided in compliance with Subsection 2.a.1), below, the cumulative gross floor area of all detached accessory structures located on a lot less than or equal to 10,000 square feet (net) shall not exceed 500 square feet.

1)

If the dwelling does not include an attached garage, then a detached garage used for the parking of motor vehicles no greater than 500 square feet of floor area (net) may also be allowed in addition to the cumulative floor area (gross) allowed in compliance with Subsection 4.a, above.

b.

Floor below grade.

1)

The provisions of this subsection only apply to structures with two or more floors.

2)

The amount of floor area of a floor below grade that is included in the net floor area used to determine compliance with the maximum allowed floor area is calculated by multiplying "A" times "B" where:

a)

"A" equals the total floor area below grade as measured from the interior surfaces of exterior walls (see Figure 13-2), and

b)

"B" equals the floor below grade adjustment which is the percentage of the total wall area of a floor below grade that is exposed (see Figure 13-3) which is determined by dividing the total exposed wall area by the total wall area.

3)

The height of the wall area used to determine the total wall area is measured from the finished floor of the floor below grade to the bottom of the floor joist supporting the floor above, however, only a maximum of 10 feet shall be used in calculating the total wall area.

4)

Except as provided in Subsection b.4)a), below, the height of the exposed exterior wall area used to determine the total exposed wall area is measured to the finished grade adjacent to the exterior wall.

a)

If the grade adjacent to any exterior wall slopes downward, then the height of the exposed wall area shall be calculated from a point located six feet away from the exterior wall surface or a the property line if the property line is located within six feet of the exterior wall surface. This does not apply to the minimum drainage required to comply with building code requirements.

==> picture [420 x 225] intentionally omitted <==

Figure 13-1 - Illustrative example for calculating the floor below grade adjustment

(Amended Ord. by 5095, 03/11/2011)

c.

Garages.

1)

Garages attached to a primary dwelling.

a)

Lots of less than 12,000 square feet (net). On lots with a lot area (net) of less than 12,000 square feet, up to 500 square feet of floor area (net) used as an attached two-car garage for the parking of motor vehicles is not included in the net floor area used to determine compliance with the FAR in Table 13-1 (One-Family Dwelling Floor Area Limits (Net Lot Area Less than 12,000 Square Feet)), of Subsection 1.a, above.

Larger garages may be allowed, however, excess square footage will be counted toward the net floor area of the dwelling.

2)

Garages accessory to mixed-use development.

a)

Except as provided below, for mixed-use development, up to 500 square feet of floor area (net) used as a garage for the parking of two motor vehicles per each 6,000 square feet of lot area (net) is not included in the net floor area used to determine compliance with the maximum allowed floor area in Subsection 1.c, above.

i)

On lots less than 6,000 square feet (net) existing as of June 9, 2016 up to 500 square feet of floor area (net) used as a garage to accommodate the parking of two motor vehicles) is not included in the net floor area used to determine compliance with the maximum allowed floor area in Subsection 1.c, above.

Larger garages may be allowed, however, excess square footage will be counted toward the net floor area of the dwelling.

3)

Commercial parking area. A commercial parking area is not included in the net floor area used to determine compliance with the maximum allowed floor area in Subsection 1.c, above, where the elevation of the finished floor located directly above the commercial parking area is four feet or less above the exterior finished grade for a minimum of 67 percent of the exterior perimeter of the commercial structure.

d.

Commercial basements. Basement floor area (net) that complies with the definition of True Basement, Commercial, and is used as storage, non-retail commercial accessory uses, or mechanical space, is not included in the net floor area used to determine compliance with the maximum allowed floor area in Subsection 1.c, above, as follows:

1)

One-story commercial structures. 100 percent of the basement floor area (net).

2)

Two-story commercial structures. 50 percent of the basement floor area (net).

e.

Accessory dwelling units and junior accessory dwelling units. Notwithstanding Subsection 35-191.5.1.a.6 above, any floor area (net) devoted to an attached accessory dwelling unit in excess of 850 square feet for units with up to one bedroom or 1,000 square feet for two or more bedrooms, shall be included in the net floor area calculation used to determine compliance of the principal dwelling(s) with Subsection 1, above.

f.

Transfer of floor area. Except in the Urban Grid, up to one-half of the maximum allowed floor area of a principal dwelling may be transferred to an existing or new principal dwelling as follows:

1)

Elimination of potential subdivision. The maximum allowed floor area on a lot that may be subdivided in compliance with all applicable provisions of the Local Coastal Program and with the applicable zone in effect as of June 9, 2016 may be increased in compliance with the following and Subsection 2.f.3), below:

a)

A Declaration of Restriction acceptable to the County shall be recorded by the property owner prior to the issuance of a building permit to eliminate the subdivision potential of the lot in perpetuity.

b)

The increase in the maximum allowed floor area is limited to one-half of the maximum allowed floor area that would otherwise be allowed for a lot that is equal in size to the minimum lot size required in compliance with the applicable zone in effect as of June 9, 2016.

2)

Elimination of existing lot. The maximum allowed floor area on a lot that cannot be subdivided in compliance with all applicable provisions of the Local Coastal Program and with the applicable zone in effect as of June 9, 2016 may be increased in compliance with the following and Subsection 2.f.3), below:

a)

The lot is contiguous to a lot that cannot be subdivided in compliance with the applicable zone in effect as of June 9, 2016.

b)

A voluntary merger of the two lots and a Declaration of Restriction acceptable to the County shall be recorded by the property owner prior to the issuance of a building permit to eliminate the subdivision potential of the lot in perpetuity.

c)

The increase in the maximum allowed floor area is limited to one-half of the maximum allowed floor area that would otherwise be allowed on either of the lots that are the subject of the voluntary merger.

3)

In no event shall the maximum allowed floor area as adjusted in compliance with Subsections 2.f.1) or 2.f.2) above exceed:

a)

12,000 square feet on lots with a lot area (net) of less than 20 acres.

b)

15,000 square feet on lots with a lot area (net) of 20 acres or greater.

3.

Existing structures that exceed the maximum allowed floor area. An existing structure that exceeds the maximum allowed floor area (net) may be altered or reconstructed provided that the proposal complies with the Summerland Residential Design Guidelines in all other respects.

(Ord. No. 5194, §§ 38, 39, 11-7-2023)

Section 35-191.6 Board of Architectural Review (BAR)

1.

Board of Architectural Review required. All applicable building, grading, landscaping and other plans for new or altered structures shall be reviewed and approved by the Board of Architectural Review unless exempt from Board of Architectural Review in compliance with Section 35-184.2 (Applicability).

Section 35-191.7 Permit Procedures.

1.

A Coastal Development Permit for grading for a building pad shall not be issued until the proposed structure has received final approval from the County Board of Architectural Review.

Section 35-191.8 Parking.

1.

All new single family dwellings approved after June 9, 2016 shall provide the following number of off-street parking spaces in addition to the number otherwise required in compliance with Division 6 (Parking Regulations).

a.

Use of permeable materials. Parking spaces shall be paved with permeable materials on a suitable base, including concrete pavers, turf block, and permeable asphalt, provided that such materials are consistent with the County Fire Department or applicable fire district minimum structural design standards for emergency access.

b.

Location. Parking spaces shall be located outside of required setback areas for the lot, except that one parking space may be located within the front setback area provided the location is approved by the Board of Architectural Review in compliance with Section 35-191.6 (Board of Architectural Review).

c.

Configuration. On lots of 10,000 square feet (net) or more in area, the additional parking spaces required in compliance with the table above may be provided in a tandem arrangement with each other.

Section 35-191.9 Exterior Lighting.

All exterior lighting installed on or after June 9, 2016 shall comply with the following:

1.

In addition to the permit application submittal requirements required in Division 11 (Permit Procedures), any application for a permit that includes outdoor light fixtures shall include plans showing the location and lumen output of all outdoor light fixtures, both existing and proposed.

2.

The regulations contained in this Subsection 3. shall be known and referred to as the "Outdoor Lighting Regulations for the Summerland Community Plan Area."

a.

Purpose and intent. The purpose of this Subsection is to create standards for outdoor lighting that minimize light pollution, glare, and light trespass caused by inappropriate or misaligned light fixtures. These standards conserve energy and preserve the nighttime sky while maintaining night-time safety, utility, security, and productivity.

b.

Approved materials and methods of installation. The provisions of this Subsection are not intended to prevent the use of any design, material, or method of installation not specifically proscribed by this Subsection provided any such alternate has been approved by the County. The Department may approve any such alternate provided that the proposed design, material, or method:

1)

Provides approximate equivalence to the specific requirements of this Subsection.

2)

Is otherwise satisfactory and complies with the intent of this Subsection.

c.

Prohibited lights and lighting.

1)

All illuminated advertising signs on and off premises shall be off between 11:00 p.m. and sunrise, except that on-premises signs may be illuminated while the business is open to the public.

All outside illumination for aesthetic and/or decorative purposes for any structure and/or surrounding landscape, public or private, and for outdoor recreational facilities that is not fully shielded shall be prohibited between 9:00 p.m. and sunrise. All illumination of exterior areas between 9:00 p.m. and sunrise shall be shielded.

3)

Except as provided below, lighting associated with an outdoor recreational facility with lights that are not fully shielded (full cutoff) may only be illuminated between 9:00 p.m. and sunrise the following day to complete a specific organized recreational event in progress and under illumination in conformance with this Subsection at 9:00 p.m. Fully shielded (full cutoff) lights are not subject to a time restriction.

4)

Search lights, laser source lights, or similar high intensity lights shall not be permitted except in emergencies by police and/or fire personnel, or for the purposes of gathering meteorological data.

5)

Mercury vapor lights are prohibited.

d.

Exemptions. The following are exempt from the provisions of Subsection 3.

1)

All outdoor lighting fixtures lawfully installed prior to June 9, 2016 are exempt from the shielding requirements of this Subsection; however, they shall be subject to the remaining requirements of this Subsection, except that fully shielded (full cutoff) lights are not subject to a turn-off time.

2)

Fossil fuel lights.

3)

Traffic control signs and devices.

4)

Street lights installed prior to June 9, 2016.

5)

Temporary emergency lighting (e.g., fire, police, public works).

6)

Moving vehicle lights.

Navigation lights (e.g., airports, heliports, radio/television towers).

8)

Seasonal decorations with individual lights in place no longer than 60 days.

9)

Except as provided below, lighting for special events as provided by Subsection 3.h (Temporary exemption).

10)

Temporary lighting for agricultural activities of a limited duration, not including unshielded arena lights.

11)

Except as provided below, security lights of any wattage that are controlled by a motion-sensor switch and which do not remain on longer than 10 to 12 minutes after activation.

a)

Security lights shall be required to be fully shielded in order to be exempt in compliance with this Subsection.

12)

Light fixtures shown on building permits that were approved prior to June 9, 2016 are excluded from compliance with this Subsection until the fixture is replaced.

13)

Solar walkway lights.

e.

General requirements. All non-exempt light fixtures that require a County permit prior to installation shall be subject to the following general requirements:

1)

All outdoor light fixtures installed after June 9, 2016 and thereafter maintained upon private property, public property, or within the public right-of way shall be fully shielded (full cutoff).

a)

Sign illumination shall only illuminate the signage and shall not spill into adjacent areas.

All replaced or repaired lighting fixtures requiring a permit shall be subject to the requirements of this Subsection.

3)

Light trespass and glare shall be reduced to the maximum extent feasible through downward directional lighting methods.

4)

Externally illuminated signs, advertising displays, and building identification shall use top mounted light fixtures which shine downward and are fully shielded (full cutoff).

5)

Outdoor light fixtures used for outdoor recreational facilities shall be fully shielded (full cutoff) except when such shielding would cause impairment to the visibility required in the intended recreational activity. In such cases, partially shielded fixtures and downward lighting methods shall be utilized to limit light pollution, glare, and light trespass to a reasonable level as determined by the Director.

6)

Illumination from recreational facility light fixtures shall be shielded to minimize glare extending towards roadways where impairment of motorist vision might cause a hazard.

f.

Submittal of plans and evidence of compliance. Any application for a permit that includes outdoor light fixtures (except for exempt fixtures in compliance with this Subsection) shall include evidence that the proposed outdoor lighting will comply with this Subsection. The application shall include:

1)

Plans showing the locations of outdoor lighting fixtures.

2)

Description of the outdoor lighting fixtures, including manufacturer's catalog cuts and drawings. Description and drawings should include lamp or bulb type, wattage, lumen output, beam angle, and shielding.

The above plans and descriptions shall be sufficiently complete to enable the plan examiner to readily determine whether compliance with the requirements of this Subsection has been met.

g.

Temporary exemption.

The Director may grant a temporary exemption, as defined herein, for such activities, including circuses, fairs, carnivals, sporting events, and promotional activities, if he first makes all of the following findings:

a)

The purpose for which the lighting is proposed is not intended to extend beyond 30 days.

b)

The proposed lighting is designed in such a manner as to minimize light pollution as much as feasible.

c)

The proposed lighting will comply with the general intent of this Article.

2)

The application for a temporary exemption shall at a minimum include all of the following information:

a)

Name and address of applicant and property owner.

b)

Location of proposed fixtures.

c)

Type, wattage, and lumen output of lamp(s).

d)

Type and shielding of proposed fixtures.

e)

Intended use of lighting.

f)

Duration of time for requested exemption.

g)

The nature of the exemption.

h)

Such other information as the Department may request.

DIVISION 14 - GOLETA COMMUNITY PLAN AND EASTERN GOLETA VALLEY COMMUNITY PLAN OVERLAY DISTRICTS

(Amended by Ord. 4942, 12/14/2017)