Ventura County Municipal Code § 8177-4 Standards and Procedures for Santa Monica Mountains (M) Overlay Zone

See Section 8171-9.2.

(Ord. No. 4451, § 9, 12-11-2012)

The following design criteria shall to developments in the CRPD zone:

(a) In order to develop a CRPD project, there shall be single ownership or unified control of the site, or written consent or agreement of all owners of the subject property for inclusion therein.

(b) The parking standards of Article 6 shall apply in the CRPD zone, with the additional provision that a minimum of one (1) visitor parking space for each two (2) dwelling units, either on- or off-street, is required.

(c) Buildings and circulation systems shall be designed so as to be integrated with the natural topography where feasible, and to encourage the preservation of trees and other natural features.

(d) Mechanical heating and cooling equipment shall be screened from public view.

(e) Lighting may be required along internal roadways for the safety of pedestrians.

(Ord. No. 4451, § 9, 12-11-2012; Ord. No. 4492, § 5, 6-21-2016)

The following regulations, in addition to the standards and exceptions set forth in Article 5, shall apply to the CRPD zone:

(a) Minimum setback from any public street: ten (10) feet.

(b) Minimum setback from a rear lot line: ten (10) feet.

(c) Minimum distance between structures that are separated by a side lot line and do not share a common wall: six (6) feet.

(d) Sum of side setback distances on any lot: minimum six (6) feet.

(e) Entrances to garages and carports shall be set back a minimum of twenty (20) feet from any public street from which they take direct access in order to prevent vehicle overhang onto sidewalks.

(f) Detached accessory garages and carports may be constructed alongside and rear property lines on commonly-owned land, provided that required setbacks from public streets are maintained.

(g) Structural additions not shown on the originally approved site plan may extend up to fifteen (15) feet into common areas, provided that the other setback regulations of this Section are adhered to.

(h) In the case of CRPD subdivisions involving townhouse developments, the setback distances shall be measured from the exterior property lines surrounding the project.

(Ord. No. 4451, § 9, 12-11-2012)

Circulation shall be designed as follows, where feasible:

(a) To minimize street and utility networks;

(b) To provide a pedestrian walking and bicycle path system throughout the common areas, which system should interconnect with circulation systems surrounding the development;

(c) To discourage through-traffic in neighborhoods by keeping intersections to a minimum and by the creation of discontinuities such as curvilinear streets, cul-de-sacs and the like; and

(d) To facilitate solar access by orienting neighborhood streets along an east/west axis, except where this is precluded by the natural topography and drainage patterns.

(Ord. No. 4451, § 9, 12-11-2012)

Open space shall be provided for the benefit and recreational use of the residents of each development as follows:

(a) In single-family projects where each dwelling has its own lot, at least twenty (20) percent of the net area of the site shall be private or common open space, or a combination thereof. All open setback areas around dwellings, except for side setbacks, shall be counted toward the twenty (20) percent requirement.

(b) In all other residential projects, at least twenty (20) percent of the net area shall be preserved as common open space.

(c) Common open space shall be suitably improved for its intended purpose and generally accessible to all residential areas of the development.

(d) Among the land uses considered as common open space for the purposes of this Section are parks, recreational facilities, greenbelts at least ten (10) feet wide, bikeways and pedestrian paths.

(e) At least fifty (50) percent of the area designated as common open space shall be comprised of land with slopes of ten (10) percent or less.

(f) Seventy-five (75) percent of the area of golf courses, lakes and reservoirs may be used in computing common open space.

(g) The following areas may not be used to fulfill the open space requirement:

(1) Streets and street rights-of-way;

(2) Paved parking areas and driveways;

(3) Improved drainage facilities with restricted recreational use.

(h) Appropriate arrangements shall be made, such as the establishment of an association or nonprofit corporation of all property owners within the project area, to ensure maintenance of all common open space.

(i) The minimum open space standards above may be modified by the decision-making authority if alternative amenities of comparable value are provided.

(Ord. No. 4451, § 9, 12-11-2012)

There shall be no illumination or glare from commercial sites onto adjacent properties or streets that may be considered either objectionable by adjacent residents or hazardous to motorists. Flashing lights are prohibited.

(Ord. No. 4451, § 9, 12-11-2012)

All utility lines shall be placed underground by the developer. This requirement may be waived by the decision-making authority where it would cause undue hardship or constitute an unreasonable requirement, provided such waiver is not in conflict with California Public Utilities Commission regulations. Appurtenant structures and equipment such as surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets may be placed aboveground.

(Ord. No. 4451, § 9, 12-11-2012)

All uses shall be conducted within a completely enclosed building unless the use is listed in Article 4 as an outdoor use, or one (1) that must be outdoors in order to function.

(Ord. No. 4451, § 9, 12-11-2012)

No more than forty (40) percent of the area of any lot in the CC zone shall be covered with buildings.

(Ord. No. 4451, § 9, 12-11-2012)

Principal buildings constructed of metal are not permitted. Accessory buildings constructed of metal shall have exterior surfaces of a stainless steel, aluminum, painted or similar finish.

(Ord. No. 4451, § 9, 12-11-2012)

Setback areas may be used for driveways, walkways, landscaping and appurtenant fixtures, and similar uses. Off-street parking may also be located in required setback areas provided it is located at least ten (10) feet from a street property line and separated by the street by appropriate walks, fencing, or landscaping.

(Ord. No. 4451, § 9, 12-11-2012)

All utility lines shall be placed underground by the developer. This requirement may be waived by the decision-making authority where it would cause undue hardship or constitute an unreasonable requirement, provided such waiver is not in conflict with California Utilities Commission regulations. Appurtenant structures and equipment such as surface-mounted transformers, pedestal-mounted terminal boxes, and meter cabinets may be placed aboveground.

(Ord. No. 4451, § 9, 12-11-2012)

Private streets may be built as part of an industrial development, in accordance with the private street policy adopted by the Board of Supervisors on May 6, 1966, and as may be amended.

(Ord. No. 4451, § 9, 12-11-2012)

All areas used for exterior storage shall be fenced for security and public safety. All materials stored shall be accessory to the principal use conducted on the property.

(Ord. No. 4451, § 9, 12-11-2012)

Editor's note— Ord. No. 4451, § 9, adopted December 11, 2012, amended § 8177-3.4 to read as set out herein. Previously § 8177-3.4 was titled open storage.

All metal buildings shall be faced along any street side with masonry, stone, concrete, wood, or similar material. Such facing treatment shall extend along the interior side setbacks of such building a distance of at least ten (10) feet. The metal portion of the principal building and all metal accessory buildings shall have exterior surfaces constructed or faced with a stainless steel, aluminum, painted, baked enamel, or similar finished surface.

(Ord. No. 4451, § 9, 12-11-2012)

The following standards constitute the minimum permitted levels of operational characteristics for uses allowed in the CM zone. The point of measurement shall be at the lot or ownership line surrounding the use.

(Ord. No. 4451, § 9, 12-11-2012)

Such forms of pollution shall be limited to levels determined to be appropriate for the area, and shall not be objectionable to surrounding properties.

(Ord. No. 4451, § 9, 12-11-2012)

Land or buildings shall not be used or occupied in any manner as to create any dangerous, noxious, injurious or otherwise objectionable fire, explosive or other hazard. All activities involving the use or storage of combustible or explosive materials shall comply with nationally recognized safety standards and shall be provided with adequate safety devices against the hazard of fire and explosion, and adequate firefighting and fire suppression equipment in compliance with the County Fire Prevention Regulations.

(Ord. No. 4451, § 9, 12-11-2012)

Liquid or solid wastes discharged from the premises shall be properly treated prior to discharge so as not to contaminate or pollute any watercourse or ground water supply, or interfere with bacterial processes in sewage treatment. The disposal of solid wastes shall not be permitted on the premises.

(Ord. No. 4451, § 9, 12-11-2012)

Exceptions to these regulations may be made during brief periods for reasonable cause, such as breakdown or overhaul of equipment, modification or cleaning of equipment, or other similar reason, when it is evident that such cause was not reasonably preventable. These regulations shall not apply to the operation of motor vehicles or other transportation equipment unless otherwise specified.

(Ord. No. 4451, § 9, 12-11-2012)

The Planning Director is authorized to require that substantial compliance be carried out for any use of land subject to the performance standards of these regulations.

(Ord. No. 4451, § 9, 12-11-2012)

The Director may require the owner or operator of a use to submit such data and information needed to make an objective determination of compliance or noncompliance with the standards of this Article. The data may include the following:

(a) A description of any machinery, process, and products;

(b) Measurements of the amount or rate of emission of any possibly objectionable elements;

(c) Methods or techniques that could be used in restricting the emission or generation of such elements.

(Ord. No. 4451, § 9, 12-11-2012)

Failure to submit data required by the Planning Director within a reasonable amount of time shall constitute grounds for ceasing the processing of any permit request, or for revoking any previously issued entitlements, and requiring a cessation of operations until the violation is remedied.

(Ord. No. 4451, § 9, 12-11-2012)

During the course of an investigation, the Planning Director may require the owner or operator of the use in violation to direct an expert consultant or consultants to advise how the use in violation can be brought into compliance with the performance standards. Such consultant(s) shall be fully qualified to give the required information and shall be a person or firm mutually agreeable to the Planning Director and to the owner or operator of the use in question. The cost of the consultant's services shall be borne by the owner or operator of said use.

(Ord. No. 4451, § 9, 12-11-2012)

The Planning Director shall report in writing within a reasonable amount of time to the owner or operator of the use in violation concerning compliance with the performance standards. The Planning Director may require modifications or alterations in the construction or operational procedures to ensure that compliance with the performance standard is maintained. The owner or operator shall be given a reasonable length of time to effect any changes prescribed by the Planning Director.

(Ord. No. 4451, § 9, 12-11-2012)

If, after the conclusion of the time granted for compliance with the performance standards, the Planning Director finds the violation still in existence, revocation of the permit may proceed.

(Ord. No. 4451, § 9, 12-11-2012)

Any use or process subject to these regulations shall comply with all other authorized governmental standards or regulations that are in effect in the County. More restrictive performance standards or regulations enacted by any authorized governmental agency having jurisdiction in Ventura County on such matters shall take precedence over these regulations.

(Ord. No. 4451, § 9, 12-11-2012)

The standards and procedures in this Article shall apply to all property in the Santa Monica Mountains overlay zone whose zoning district carries the (M) suffix [example: COS(M)].

All other pertinent standards in this Chapter shall also apply, including the applicable resource-protection standards in Article 8, Section 8178-2.

(Ord. No. 4451, § 9, 12-11-2012; Ord. No. 4586, 10-19-2021)

The following additional resource protection standards shall apply to developments proposed in the Santa Monica Mountains overlay zone (M).

See applicable resource-protection standards for the (M) overlay zone in Section 8178-2.

8177-4.1.2 - All new upland development shall be sited and designed to avoid adverse impacts on environmentally sensitive habitat areas (ESHA). Section 8178-2 contains development standards that apply to areas of the Santa Monica Mountains (M) Overlay Zone that contain ESHA or buffer zones (see Coastal Area Plan, Figure 4.1.3-3). Properties located within the Santa Monica Mountains (M) Overlay Zone are also subject to specific ESHAdevelopment policies and standards of the LCP, including those set forth in the following sections:

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Section 8174-4 Environmentally Sensitive Habitat Areas

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Section 8175-5.2.4(b) Animals and Fowl

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Section 8178-2.3 (c) Environmental Reviews

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Section 8178-2.4.1 (d) Definition of ESHA

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Section 8178-2.6.2 Maximum Allowable Building Site in ESHA or Buffer Zone

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Section 8178-2.6.3(d) General Siting and Building Design Standards

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Section 8178-2.6.8(c) Access Roads and Driveways in ESHA

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Section 8178-2.6.14 Fences, Gates and Walls

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Section 8178-2.6.15 Outdoor Lighting Standards

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Section 8178-2.6.16 Noise Standards

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Section 8178-2.8(a) Pesticides and Pest Management in the Coastal Zone

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Section 8178-2.9.4 ESHA Preservation Incentive (Santa Monica Mountains)

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Section 8178-2.10.8(d) Ventura County In-Lieu Fee Program

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Section 8178-8 Water Efficient Landscaping Requirements

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Section 8181-3.5.2 Additional Findings for Development in the Santa Monica Mountains Overlay Zone

(a) The only principally-permitted uses (not appealable to the Coastal Commission) on such properties are recreational uses. Planned Development Permits for new recreational uses, or the expansion of existing recreational uses, shall be reviewed for conformance with Section 8178-2 and may be issued by the Planning Director in accordance with Article 11. Permits for all other uses shall be decided upon in accordance with Articles 4 and 11, and all other applicable provisions of this Chapter and the certified LCP Land Use Plan.

(b) Prior to the granting of a permit that allows a conversion of recreational uses to non-recreation uses, Section 8177-4.1.9 shall be followed.

(Ord. No. 4451, § 9, 12-11-2012; Ord. No. 4586, 10-19-2021)

The following standards and requirements apply to all outdoor lighting for development in the Santa Monica Mountains (M) Overlay Zone. If ESHA or a buffer zone is located on the lot or may be impacted by proposed outdoor lighting, additional outdoor lighting standards and restrictions may apply to the lighting pursuant to Section 8178-2.6.15. If development is subject to the standards of more than one (1) section in this Chapter with respect to outdoor lighting, the more restrictive standards shall apply.

(Ord. No. 4586, 10-19-2021)

All outdoor lighting shall be installed and maintained pursuant to this Section 8177-4.1.11 as follows, except to the extent outdoor lighting is exempt pursuant to Section 8177-4.1.11.2 or is authorized by an approved deviation pursuant to Section 8177-4.1.11.6:

(a) The standards and requirements of Section 8177-4.1.11.4, and Section 8177-4.1.11.5, shall apply to all new or modified outdoor light fixtures, and to all new or modified night lighting within translucent or transparent enclosed structures for agricultural operations.

(b) Any outdoor light fixture installed prior to 9/9/2022 that does not comply with any standard or requirement of Section 8177-4.1.11.5, shall be subject to the requirements of Section 8111-4.1.11.3.

(Ord. No. 4586, 10-19-2021)

The standards and requirements of this Section 8177-4.1.11 do not apply to outdoor lighting for the following development or uses:

(a) Federal Standards. If the standards in this Section 8177-4.1.11 conflict with outdoor lighting standards mandated for a development by preemptive federal law, the federal standards shall apply.

(b) Lighting For Emergencies and Temporary Uses:

(1) Temporary emergency lighting.

(2) Temporary lighting for public works construction projects.

(3) Temporary lighting for film production, outdoor festivals, sporting events and other temporary outdoor uses authorized by this Chapter. See outdoor lighting regulations and standards in Sections 8175-5.6, and 8178-2.6.15, that may apply to these uses.

(4) Temporary seasonal or festive lighting that is not used as permanent landscape lighting (e.g., string lighting). String lights under a color-correlated temperature of two thousand seven hundred (2,700) Kelvin that are used only in occupied dining and entertainment areas are exempted.

(c) Outdoor light fixtures downward facing and fully shielded with a maximum output of sixty (60) lumens or less, including solar lights. The maximum output of a light fixture (e.g., string lights) shall be calculated based upon the total output of the entire lighting component installed, not by each individual bulb. However, if such a light fixture is located in ESHA or buffer zone it is regulated by Section 8178-2.6.15.

(d) Lighting in a swimming pool that is accessory to a legally established dwelling or is associated with a legally established camp use.

(Ord. No. 4586, 10-19-2021)

The provisions of Article 12, Nonconformities and Substandard Lots, do not apply to any lighting subject to this Section 8177-4.1.11. Any outdoor light fixture installed before September 9, 2022 that does not conform with any standard or requirement of this Section 8177-4.1.11, is subject to the following, as applicable:

(a) Non-Essential Light Fixtures. Existing non-essential light fixtures may remain in use until replaced, but shall comply with the following requirements as of September 9, 2023:

(1) Light fixtures that have adjustable mountings with the ability to be redirected shall be directed downward, to the extent feasible, to reduce light glare and trespass; and

(2) The lighting shall be turned off from 10:00 p.m. until sunrise, or when people are no longer present in exterior areas being illuminated, whichever is the latest as described in Section 8177-4.1.11.5(g).

(b) Essential Light Fixtures. Existing essential light fixtures may remain in use until replaced, but shall comply with the following requirements to reduce light glare and trespass onto adjacent properties as of 9/9/2023; any existing essential light fixture shall meet the requirements set forth in subsection (a)(1) above. Where security lighting output exceeds eight hundred fifty (850) lumens, or light trespass occurs in excess of 0.1 foot-candles at the vertical plane and the horizontal plane at the edge of the building site, light fixtures with motion sensors and timers shall be programmed to turn off the light(s) no more than ten (10) minutes after activation regardless of dark hours requirements.

(Ord. No. 4586, 10-19-2021)

The use of any existing outdoor light fixture prohibited by this Section 8177-4.1.11.4 shall be discontinued no later than 9/9/2023. The following outdoor light fixtures are prohibited:

(a) Lights that blink, flash, rotate, fade intermittently or have strobe light illumination.

(b) Outdoor lighting located along the perimeter of a lot, except for security lighting located at entry gates that are controlled by a motion detector to turn off no more than ten (10) minutes after activation.

(c) Uplighting of landscapes (e.g., trees, fountains), building exteriors, outdoor statues and similar features, or for other aesthetic purposes.

(d) Permanent landscape lighting (including string lights) located outside of occupied dining and entertainment areas.

(e) Outdoor lighting in the ultraviolet spectrum range.

(Ord. No. 4586, 10-19-2021)

Except as provided in Section 8177-4.1.11.3 regarding existing lighting, the following standards and requirements apply to lighting and use thereof that is subject to and not prohibited by Section 8177-4.1.11. The purposes of these standards are to preserve the natural darkness of the night sky, reduce sky glow, minimize light trespass, improve star viewing, and decrease energy consumption:

(a) Public Rights-of-Way. Outdoor lighting used by public transportation agencies for the principal purpose of illuminating public roads and rights-of-way or controlling traffic shall be shielded and directed downward when feasible.

(b) Outside Building Site. Outdoor light fixtures located outside the building site shall be limited to essential lighting for security lighting at entry gates. Private driveways or access roads shall use solar lights, reflectors, or other low lumen options (under sixty (60) lumens) for safe passage.

(c) Shielding and Direction of Light Fixtures.

(1) All outdoor light fixtures shall be fully shielded, directed downward, and installed and maintained in such a manner to avoid light trespass in excess of 0.1 foot-candles at the vertical plane and the horizontal plane at the edge of the building site.

(2) Landscaped berms, fences, landscape screening, building placement, and similar techniques shall be utilized to shield outdoor lighting.

(d) Lighting Color. The correlated color temperature of each outdoor light fixture, except those used for security lighting (see Section 8177-4.1.11.5(h)),shall not exceed two thousand seven hundred (2,700) Kelvin.

(e) Maximum Lumens Per Light Fixture. All outdoor lighting shall have a maximum lumen output per light fixture as follows:

(1) Walkway lighting shall have a maximum output of one hundred (100) lumens per light fixture.

(2) See subsection (h) for lumen standards regarding security lighting.

(3) See subsection (i) for lumen standards regarding outdoor recreational facility lighting.

(4) All other lighting shall have a maximum output of eight hundred fifty (850) lumens.

(f) Maximum Height Allowance.

(1) Lighting fixtures should be mounted as low as possible for the needed purpose.

(2) Freestanding light fixtures used to light walkways, or hardscaping shall be located no higher than two (2) feet above ground level.

(3) In cases where light fixtures are affixed to fences, the top of the fixture shall not be higher than the height of the fence or greater than six (6) feet, whichever is less.

(4) All other freestanding light fixtures shall be no higher than twenty (20) feet above ground level.

(g) Dark Hours. Outdoor lighting shall be turned off from 10:00 p.m. until sunrise, or when people are no longer present in exterior areas being illuminated, whichever is the latest. Photocells or photocontrols shall be used to ensure all outdoor lighting is automatically extinguished (or not triggered by motion sensors) when sufficient daylight is available. Automated controls should be fully programmable and supported by battery or similar backup.

(h) Essential Lighting.

(1) Essential lighting shall be placed on motion sensors with timers programmed to turn off the light(s) after no more than ten (10) minutes. Security lighting may remain on through dark hours when the light fixture output is less than eight hundred fifty (850) lumens and light trespass does not occur beyond the building site pursuant to subsection (c)(1) above.

(2) Where security lighting output exceeds eight hundred fifty (850) lumens, or light trespass occurs pursuant to (c)(1), light fixtures with motion sensors and timers shall be programmed to turn off the light(s) no more than ten (10) minutes after activation regardless of dark hours requirements. See Section 8178-2.6.15.2(b)(4) for timer duration of security lighting located in ESHA or buffer zone.

(3) Outdoor light fixtures used for security lighting shall be attached to legally established buildings or entry gate structures and controlled by motion sensors which extinguish no later than ten (10) minutes after activation. Security lighting shall not exceed a maximum output of two thousand six hundred (2,600) lumens per light fixture.

(4) Where security cameras are used in conjunction with security lighting, the lighting color may exceed three thousand (3,000) Kelvin but shall be the minimum necessary for effective operation of the security camera.

(i) Lighting for Commercial and Accessory Use Outdoor Recreational Facilities.

(1) Outdoor recreational facility lighting may exceed eight hundred fifty (850) lumens and three thousand (3,000) Kelvin per light fixture. Lighting levels for these facilities shall not exceed those recommended in the Lighting Handbook available online by the Illuminating Engineering Society of North America (IESNA) for the class of play (Sports Class I, II, III or IV).

(2) In cases where fully-shielded light fixtures would cause impairment to the visibility required for the intended recreational activity, partially-shielded light fixtures and directional lighting methods may be utilized to reduce light pollution, glare and light trespass.

(3) With the exception of essential lighting, outdoor recreational facilities shall not be illuminated between 10:00 p.m. and sunrise, except to complete a recreational event or activity that is in progress as of 10:00 p.m.

(4) Light fixtures affixed to structures for the purpose of lighting outdoor recreational facilities (such as equestrian arenas, pool areas, batting cages, tennis courts, basketball courts, etc.) shall not be mounted higher than fifteen (15) feet above ground level.

(5) The lighting system design (including lumens, Kelvin, etc.) shall be prepared by a qualifying engineer, architect or landscape architect, in conformance with this Section 8177-4.1.11.

(6) The proposed lighting design shall be consistent with the purposes of this Section 8177-4.1.11.5 and minimize the effects of light on surrounding properties.

(j) Night Lighting for Translucent or Transparent Enclosed Agriculture Structures. All night lighting within translucent or transparent enclosed structures used for ongoing agriculture or agricultural operations (e.g., greenhouses for crop production) shall use the following methods to reduce sky glow, beginning at 10:00 p.m. until sunrise:

(1) Fully- or partially-shielded light fixtures that are directed downward; and

(2) Blackout screening for the walls and roof, preventing interior night lighting from being visible outside the structure.

(k) Wireless Communication Facilities. In addition to all other applicable standards for wireless communication facilities specified in Section 8175-5.20.3(t), wireless communication facilities (including radio and television towers) that are higher than two hundred (200) feet shall not use red-steady lights unless otherwise required by the Federal Aviation Administration (FAA). Only white strobe or red strobe lights or red flashing LED lights shall be used at night, and these should be the minimum number, minimum intensity, and minimum number of flashes per minute (i.e., longest duration between flashes/dark phase) allowable by the FAA. To the extent feasible, light flashes emanating from a single tower shall be set (synchronized) to flash simultaneously.

(Ord. No. 4586, 10-19-2021)

(a) The Planning Director may authorize deviations from any standard or requirement of this Section 8177-4.1.11 during the processing of an application for a discretionary permit or approval. The decision to authorize each deviation must include written findings of fact supported by substantial evidence in the record establishing that the applicant's proposed lighting will be the functional equivalent, with regard to the strength and duration of illumination, glare, and light trespass, of the lighting that would otherwise be required by the applicable standard or requirement.

(b) The request shall state the circumstances and conditions relied upon as grounds for each deviation, and shall be accompanied by the following information and documentation:

(1) Plans depicting the proposed light fixture(s), identifying the location of the light fixture(s) For which the deviation is being requested, the type of replacement light fixture(s) to be used, the total light output (including lumens, Kelvin, etc.), and the character of the shielding, if any;

(2) Detailed description of the use of proposed light fixtures and the circumstances which justify the deviation. The description shall include documentation supporting the making of the required findings of fact as stated in subsection (a) above;

(3) Supporting documentation such as a lighting plan, if requested; and

(4) Other data and information as may be required by the Planning Division.

(Ord. No. 4586, 10-19-2021)