Section 35-192. - General.

The purpose of this DIVISION is to create overlay districts in order to carry out certain policies and implement portions of the Goleta Community Plan and Eastern Goleta Valley Community Plan, which are part of the County's Land Use Element. 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 35-192.1 Applicability.

The provisions of this section apply to those portions of the community of Goleta as shown on the maps titled Goleta Community Plan Land Use Designations South and Eastern Goleta Valley Community Plan Land Use Designations that are located within the Coastal Zone. All provisions of the Goleta Community Plan, the Eastern Goleta Valley Community Plan, and the Comprehensive Plan, including all the goals, objectives, policies, actions, development standards and design guidelines, shall also apply to the area zoned with these Overlay Districts.

Section 35-192.2 Findings.

In addition to the findings that are required for approval of a development project (as development is defined in this Article), as identified in each section of Division 11 (Permit Procedures) of Article II, a finding shall also be made that the project meets all the applicable development standards included in the Goleta Community Plan or the Eastern Goleta Valley Community Plan, as applicable, of the Land Use Element of the Comprehensive Plan.

Section 35-192.3 Exterior Lighting Within the Eastern Goleta Valley Community Plan Area.

All exterior lighting installed on property located within the Eastern Goleta Valley Community Plan area on or after December 14, 2017 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 Section 35-192.3 shall be known and referred to as the "Exterior Lighting Regulations for the Eastern Goleta Valley 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.

2)

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.

Mercury vapor lights are prohibited.

d.

Exemptions. The following are exempt from the provisions of Section 35-192.3.

1)

All outdoor lighting fixtures lawfully installed prior to December 14, 2017 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 December 14, 2017.

5)

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

6)

Moving vehicle lights.

7)

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.g (Temporary exemption), below.

10)

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

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 Section 35-192.3.

12)

Light fixtures shown on building permits that were approved prior to December 14, 2017 are excluded from compliance with this Section 35-192.3 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 December 14, 2017 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.

2)

All replaced or repaired lighting fixtures requiring a permit shall be subject to the requirements of this Section 35-192.3.

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 Section 35-192.3) shall include evidence that the proposed outdoor lighting will comply with this Section 35-192.3. 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 Section 35-192.3 has been met.

g.

Temporary exemption.

1)

The Director may grant a temporary exemption, as defined herein, for such activities, including, but not limited to 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.

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 features.

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.

Section 35-192.4 Economically Viable Use.

If an applicant asserts that the application of the policies and standards contained in the Local Coastal Program regarding use of property within the Eastern Goleta Community Plan area would constitute a taking of private property without just compensation, the applicant shall apply for an economical viability determination in conjunction with associated Coastal Development Permit application and shall be subject to the provisions of this section.

Section 35-192.5 Economically Viable Use Determination.

The application for an economic viability determination shall include the entirety of all parcels that are geographically contiguous and held by the applicant in common ownership at the time of the application. Before any application for a Coastal Development Permit and economic viability determination is accepted for processing, the applicant shall provide the following information, unless the County determines that one or more of the particular categories of information is not relevant to its analysis:

The date the applicant purchased or otherwise acquired the property, and from whom.

2.

The purchase price paid by the applicant for the property.

3.

The fair market value of the property at the time the applicant acquired it, describing the basis upon which the fair market value is derived, including any appraisals done at the time.

4.

The general plan, zoning or similar land use designations applicable to the property at the time the applicant acquired it, as well as any changes to these designations that occurred after acquisition.

5.

Any development restrictions or other restrictions on use, other than government regulatory restrictions described in Subsection 4 above, that applied to the property at the time the applicant acquired it, or which have been imposed after acquisition.

6.

Any change in the size of the property since the time the applicant acquired it, including a discussion of the nature of the change, the circumstances and the relevant dates.

7.

A discussion of whether the applicant has sold or leased a portion of, or interest in, the property since the time of purchase, indicating the relevant dates, sales prices, rents, and nature of the portion or interests in the property that were sold or leased.

8.

Any title reports, litigation guarantees or similar documents in connection with all or a portion of the property of which the applicant is aware.

9.

Any offers to buy all or a portion of the property which the applicant solicited or received, including the approximate date of the offer and offered price.

10.

The applicant's costs associated with the ownership of the property, annualized for each of the last five calendar years, including property taxes, property assessments, debt service costs (such as mortgage and interest costs), and operation and management costs.

11.

Apart from any rents received from the leasing of all or a portion of the property, any income generated by the use of all or a portion of the property over the last five calendar years. If there is any such income to report it should be listed on an annualized basis along with a description of the uses that generate or has generated such income.

12.

Any additional information that the County requires to make the determination.

Section 35-192.6 Supplemental Findings for Approval of Coastal Development Permit

A Coastal Development Permit that allows a deviation from a policy or standard of the Local Coastal Program to provide a reasonable use may be approved or conditionally approved only if the appropriate governing body, either the Planning Commission or Board of Supervisors, makes the following supplemental findings in addition to the findings required in Section 35-169 (Coastal Development Permits):

1.

Based on the economic information provided by the applicant, as well as any other relevant evidence, each use allowed by the Local Coastal Program policies and/or standards would not provide an economically viable use of the applicant's property.

2.

Application of the Local Coastal Program policies and/or standards would unreasonably interfere with the applicant's investment-backed expectations.

3.

The use proposed by the applicant is consistent with the applicable zoning.

4.

The use and project design, siting, and size are the minimum necessary to avoid a taking.

5.

The project is the least environmentally damaging alternative and is consistent with all provisions of the certified Local Coastal Program other than the provisions for which the exception is requested.

6.

The development will not be a public nuisance or violate other "background principles of the State's law of property," as that phrase was used in the U.S. Supreme Court's decision in Lucas v. South Carolina Coastal Council, 505 U.S.,1003, 1028-30 (e.g., public trust doctrine). If it would violate any such background principle of property law, the development shall be denied.

DIVISION 15 - TORO CANYON PLAN (TCP) OVERLAY DISTRICT

Section 35-194. - General.

The provisions of this Division implement portions of Toro Canyon Plan components of the County's Local Coastal Program. 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 specific provisions of this Division shall take precedence. The development standards and actions within the Toro Canyon Plan are incorporated by reference within this Overlay District.