Article 5 — Development Standards/Conditions—Uses

8175-1 - Purpose.

The purpose of this Article is to provide those development standards or conditions that are applicable to the use zones. This Article also delineates certain instances where exceptions to certain standards or conditions are allowable.

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

8175-2 - Schedule of specific development standards by zone.

The following table indicates the lot area, lot width, setback, height, and building coverage standards that apply to individual lots in the zones specified. See Articles 6 and 7 for other general standards and exceptions.

 Zone      Minimum Lot    Maximum     Minimum Lot                   Required Minimum Setbacks (b)                                  Maximum Height (b)
                Area (a)      Percentage of      Width
                                   Building                           Front                   Side                  Rear                Principal               Exceptions             Accessory
                            Coverage                                                                                                 Structure                  (Principal                 Structure
                                                                                                     Interior &        Reverse                                                          Structure)
                                                                          Corner Lots,    Corner Lots:
                                                                            Except        Street Side
                                                                           Reverse
                                                                             Corner

COS         10 Acres       See Sec.           40'              20'              10'              20'              15'                  25'                Height May Be       Same as Principal
                            (c)           8175-2.1                                                                                                                Increased to 35' if            Structure
                                                                                                                                  Each Side setback is
 CA        40 Acres (c)                                                                                                                                                    at Least 15'

 CR        One Acre                                                                     5'              10'                                                                                     15'

CRE       20,000 Sq. Ft.

 CR1           7,000                                             20' (d)
                Sq. Ft.
 CR2

 RB            3,000                             25'              10'                3'                 5'             14' (f)                 28'                 Height May
               Sq. Ft. (e)

RBH (g) 20' (h) 3' (q) 6' (r) Measured to the Be Increased to 30' for highest point of the A-frame Structures finished roof (i)

CRPD      As Specified     See Sec.     As Specified                      See Sec. 8177-1.3                                    25'                  N/A
              by Permit       8175-2.1       by Permit

CC        20,000 Sq. Ft.                                                                                 (j)                               (k)                                            (l)                   35'

CM 10 Acres 40' (m) (n)

(a)

See Sections 8175-4.10 through 8175-4.12 for exceptions.

(b)

See Sections 8175-4 and 8175-5 for exceptions.

(c)

For all proposed land divisions in the COS and CA zones, the parent parcel shall be subject to the following slope/density formula for determining minimum lot area.

S = (100)(I)(L) A

Where:

S = average slope (%)

I = contour interval (feet)

L = total length of all contour lines (feet)

A = total area of the lot (square feet)

Once the average slope has been computed, the following table shall be used to determine a minimum lot size for all proposed lots (numbers should be rounded to the nearest tenth):

 COS:  CA:

0%—15% = 10 acres 0%—35% = 40 acres

15.1%—20% = 20 acres Over 35% = 100 acres

20.1%—25% = 30 acres

25.1%—35% = 40 acres

Exception (CA): Property with a land use designation of Agriculture in the Coastal Area Plan that is not prime agricultural land shall have a lot area not less than two hundred (200) acres, regardless of slope.

(d)

Dwellings constructed with carports or garages having a curved or "swing" driveway, with the entrances to the garages or carports facing the side property line, may have a minimum front setback distance of fifteen (15) feet.

(e)

Minimum one thousand five hundred (1,500) square feet of lot area per dwelling unit; maximum two (2) dwelling units per lot.

(f)

If the front setback distance is twenty (20) feet or more, the rear setback distance may be reduced to six (6) feet.

(g)

One thousand seven hundred fifty (1,750) square feet per single-family dwelling; three thousand (3,000) square feet per two-family dwelling.

(h)

Where there is a two- or three-storied structure, such second or third stories may intrude not more than four (4) feet into the required front setback. Eaves may extend a maximum of two (2) feet beyond the outside walls of such second or third floor extension.

(i)

See also Section 8175-3.13.

(j)

Ten (10) feet if the lot abuts a residential zone on the side; otherwise, as specified by permit.

(k)

Five (5) feet on any side abutting a residential zone. Also, when the rear of a corner lot abuts a residential zone, the side setback distance from the street shall be at least five (5) feet; otherwise, as specified by permit.

(l)

Ten (10) feet if the rear of the lot abuts a residential zone; otherwise, as specified by permit.

(m)

From street: the greater of fifteen (15) feet or fifteen (15) percent of lot width or depth. Interior: the greater of five (5) feet or ten (10) percent of lot width or depth. The Planning Director is authorized to modify or entirely waive the interior setback requirements in cases where such reductions are necessary for efficient utilization of property and will not adversely affect the public health, safety or welfare, and rail access is provided to the lot.

(n)

No building or structure located within one hundred (100) feet of any property in a residential zone shall exceed sixty (60) feet in height; otherwise, as specified by permit.

(o)

Exception: Each dwelling unit of a two-family dwelling may have a zero side setback distance if constructed on a lot (other than a through lot) of at least three thousand five hundred (3,500) square feet in area created prior to February 26, 1987, if that lot is subdivided along a common side wall of the two (2) dwelling units.

(p)

Exception: Each dwelling unit of a two-family dwelling may have a zero rear setback distance if constructed on a through lot of at least four thousand (4,000) square feet in area created prior to February 26, 1987, if that lot is subdivided along a common rear wall of the two (2) dwelling units, and the front setback distance of each resulting lot is at least twenty (20) feet.

(Am. Ord. 4055—2/1/94; Ord. 4378—1/29/08; Ord. No. 4451, § 9, 12-11-2012; Ord. No. 4586, 10-19-2021)

8175-2.1 - Building coverage standards.

The following table indicates the building coverage standards by land use designation.

Coastal Area Plan Designation Maximum Building Coverage

Open Space 5% (a)

Agriculture 5% (a)

Recreation 5%

Residential—Rural 25% (b)

Residential—Low 29%

Residential—Medium 42%

Residential—High 65%

Commercial 40%

Industrial 40%

(a)

Excludes greenhouses, hothouses, and the like. For nonconforming lots, maximum building coverage shall be two thousand five hundred (2,500) square feet, plus one (1) square foot for each twenty-two and three-tenths (22.3) square feet of lot area over five thousand (5,000) square feet.

(b)

Excludes greenhouses, hothouses, and the like. For nonconforming lots, maximum building coverage shall be two thousand five hundred (2,500) square feet, plus one (1) square foot for each four and six-tenths (4.6) square feet of lot area over five thousand (5,000) square feet.

(Ord. No. 4451, § 9, 12-11-2012)

8175-3 - General requirements. 8175-3.1 - Distance between structures.

The distance between structures on the same lot shall be at least six feet, except that no dwelling shall be placed closer than ten feet to any other dwelling on the same lot.

8175-3.2 - Standards.

No standards required by this Chapter for a lot shall be considered as providing those standards for any other lot unless otherwise stated in this Chapter.

8175-3.3 - Accessory parking.

No residential, agricultural, or open space zoned lot shall be used for the accessory parking or storage of vehicles that are designed to carry more than a three-quarter (¾) ton load, and that are used for shipping and/or the delivery of commercial freight and products, except on those lots where delivery to storage or market of agricultural or horticultural commodities is permitted under this Chapter and is occurring on said lot.

(Ord. No. 4451, § 9, 12-11-2012; Ord. No. 4492, § 3, 6-21-2016)

8175-3.4 - Parking or storage in setbacks.

Parking or storage of oversized vehicles, exterior storage, garages or other accessory buildings are not allowed within setback areas, except as specifically provided in this Chapter. Fully operative, licensed, and registered motorized vehicles, and operative trailers, shall not be parked within any front or street-side setback, except in the driveway access to the required parking, or on a paved area (no wider than ten (10) feet) adjacent to the driveway, as an accessory use to a dwelling. On interior lots, a minimum three-foot-wide area adjacent to one side lot line must be kept free of operative vehicles and of exterior storage (see Sec. 8175-5.1j).

(Am. Ord. 4055—2/1/94; Ord. No. 4451, § 9, 12-11-2012; Ord. No. 4492, § 3, 6-21-2016)

8175-3.5 - Accessory structures as dwellings.

Only the following accessory structures, as authorized in this Chapter and with appropriate permits, may be used for human habitation:

(a)

Accessory dwelling unit;

(b)

Temporary mobilehome or recreational vehicle during construction;

(c)

Farm worker or animal caretaker dwelling;

(d)

Caretaker dwelling.

(Ord. No. 4451, § 5, 12-11-2012; Ord. No. 4520, § 3, 2-27-2018)

8175-3.6 - Connection of structures.

An accessory structure will be considered to be detached from the principal structure unless the roof connecting the two (2) structures is essentially a continuation of the roof of the principal structure, or the space between such structures is completely enclosed by walls attached to each structure.

(Am. Ord. 4055—2/1/94; Ord. No. 4451, § 9, 12-11-2012)

8175-3.8 - Clear sight triangles.

Clear sight triangles shall be provided in the following circumstances:

(Ord. No. 4451, § 5, 12-11-2012)

Editor's note— Ord. No. 4451, § 5, adopted December 11, 2012, replaced § 8175-3.8 with §§ 8175-3.8—8175-3.8.3 as set out herein. Former § 8175-3.8 pertained to structures in traffic safety sight area and was derived from original Code.

8175-3.8.1 - Clear sight triangle at intersections with no traffic control.

Where there is no traffic control on any street at an intersection, a clear sight triangle shall be provided at each corner of the intersection as shown in Figure 1:

Figure 1

CLEAR SIGHT TRIANGLE (NO TRAFFIC CONTROLS)

(Ord. No. 4451, § 5, 12-11-2012)

8175-3.8.2 - Clear sight triangle at stop-controlled intersection.

Where traffic is controlled by stop signs on only one (1) street of an Intersection (the "minor street"), a clear sight triangle shall be provided consistent with the guidelines established by the American Association of State Highway and Transportation Officials.

(Ord. No. 4451, § 5, 12-11-2012)

8175-3.8.3 - Structures and vegetation within clear sight triangles.

(a)

Structures and sight-obscuring fences or walls over three (3) feet in height are prohibited within clear sight triangles, except for sign posts, utility poles or structures not exceeding twelve (12) inches in width;

(b)

Hedges or shrubbery over three (3) feet in height are prohibited within clear sight triangles;*

(c)

The foliage of mature trees shall be trimmed to seven (7) feet above the base of the tree within clear sight triangles. However, bare tree trunks or tree saplings are permitted within clear sight triangles.*

* ESHA is subject to Section 8174-4 and 8178-2.

(Ord. No. 4451, § 5, 12-11-2012)

8175-3.9 - Setbacks from easements.

If the only means of access to one (1) or more lots is by way of an easement, the easement shall be considered as a street for purposes of determining setback distances on lots over which the easement passes.

(Ord. No. 4451, § 9, 12-11-2012)

8175-3.10 - Number of dwellings per lot.

Not more than one (1) principal dwelling shall be constructed on any lot zoned COS, CA, CR, CRE or CR1. An accessory dwelling unit may be permitted pursuant to Section 8175-5.1.1.

Not more than two (2) dwellings of any type shall be constructed on any lot zoned CR2, RB or RBH.

(Ord. No. 4451, § 9, 12-11-2012; Ord. No. 4520, § 3, 2-27-2018)

8175-3.11 - Fences, walls, and hedges.

The following standards apply to fences, walls and hedges within the coastal zone. See Section 8178-2.6.14 for standards that apply to fences and walls in an ESHA, buffer zone, and the Santa Monica Mountains (M) overlay zone which, in the event of a conflict, shall take precedence over standards in this Section.

(a)

No fences, walls or hedges over three (3) feet high may be placed in the required setback area adjacent to a street. A maximum six- foot-high wall, fence or hedge may be located anywhere on the lot except in the clear sight triangle or required setback area adjacent to a street. On vacant land in the CC or CM zones, fences, walls and hedges are subject to this six-foot height limit, to any specific setback requirements of Section 8175-2, and to the clear sight triangle regulations of Section 8175-3.11(a) above. On through lots, the setback regulations given for structures in Section 8175-4.1(d) shall apply to fences over three (3) feet in height.

(b)

A maximum eight-foot-high see-through fence may be located on any lot zoned COS or CA that contains an agricultural operation, or in a subdivision that abuts an agricultural operation in a COS or CA zone, provided that such fence is located at or near the boundary line separating such properties.

(c)

A maximum twelve-foot-high see-through fence may be located around a tennis court anywhere on a lot, except in a required setback area adjacent to a street or within any public view to or along the coast.

(d)

When there is a difference in the ground level between two (2) adjoining lots, the height of any wall or fence constructed along any property line may be determined by using the lot level line of the higher lot, as measured within five (5) feet of the lot line separating such lots.

(e)

The provisions of this Section shall not apply to a fence or wall necessary as required by any law or regulation of the United States or State of California or any agency thereof.

(f)

Fences and walls shall not be constructed of, or topped with, spikes, barbs, broken glass, razors, or any other similar material. Barbed-wire fencing is prohibited, except when used to secure permitted telecommunication, industrial or utility facilities. When such fencing is allowed, it shall be sited as close as possible to the secured facility.

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

8175-3.12 - Garages and carports.

Except as otherwise provided in this Chapter, garages and carports shall be set back sufficiently from street from which they take access to provide for 20 linear feet of driveway apron, as measured along the centerline of the driveway from the property line to the garage or carport.

8175-3.13 - Building height.[2] Footnotes: --- (2) ---

Editor's note— Ord. No. 4451, § 9, adopted December 11, 2012, repealed and replaced § 8175-3.13, with §§ 8175-3.13—8175-

Former § 8175-3.13 pertained to height regulations in the R-B and R-B-H zones and was derived from Ord. No. 3788, adopted

August 26, 1986 and Ord. No. 3876, adopted October 25, 1988.

8175-3.13.1 - Measurement of building height.

The heights of buildings in all zones shall be measured as follows:

(a)

Pitched or Hip Roofs. For buildings with a pitched or hip roof, building height is the vertical distance from the finished grade to the averaged midpoint of the finished roof.

(b)

Other Roof Types. For buildings with a flat roof or buildings where the roof and walls form a continuous architectural unit (e.g. A-frame buildings, Quonset huts, geodesic domes) building height is the vertical distance from the finished grade to the highest point of the finished roof.

(c)

Calculation of Averaged Midpoint. The averaged midpoint is calculated by drawing a line between the highest point of the finished roof at the main ridgeline and top of the roof covering where it intersects with a horizontal line drawn from the top of each of the two (2) exterior walls parallel to the main ridgeline. The midpoint is the point one-half (½) of the distance between the upper and lower points. The averaged midpoint Is the average of the two (2) midpoints.

(d)

Finished Roof. For purposes of determining the "finished roof", "finished roof" shall mean the roof with the roof sheeting in place, but not the other roofing materials.

(Ord. No. 4451, § 9, 12-11-2012)

8175-3.13.2 - Height regulations in the RB and RBH zones.

(a)

Building height in the RB and RBH zones shall be measured from the higher of the following:

(1)

The minimum elevation of the first floor as established by the Flood Control Division of Public Works, or

(2)

Twelve (12) inches above the highest point of the paved portion of the road adjacent to the lot.

(b)

The height of the highest point of the finished roof of principal structures shall be no more than twenty-eight (28) feet for structures with flat roofs, pitched or hip roofs, and no more than thirty (30) feet for A-frame structures.

(c)

The finished height of any exterior wall of a principal structure shall be no more than twenty-eight (28) feet.

(d)

The finished height of dormer windows shall be no more than twenty-eight (28) feet.

(e)

The height of all roof structures shall be consistent with the regulations included in Section 8175-4.8(b).

(Ord. No. 4451, § 9, 12-11-2012)

8175-3.14 - Recycling areas.

All commercial, industrial, institutional, or residential buildings having five (5) or more dwelling units, shall provide availability for, and access to, recycling storage areas in accordance with the County's most recently adopted Space Allocation for Recycling and Refuse Collection Design Criteria and Specifications Guidelines in effect at the time of the development approval.

(Add. Ord. 4055—2/1/94; Ord. No. 4451, § 9, 12-11-2012)

8175-4 - Exceptions to lot, setback and height requirements. 8175-4.1 - Accessory structures in setback areas.

Detached accessory structures that are not used for human habitation may be constructed to within three (3) feet of interior and rear lot lines, provided that:

(a)

In no case shall any such structure exceed fifteen (15) feet in height.

(b)

In no case shall any such structure(s) occupy more than forty percent (40%) of the rear setback area.

(c)

Setback areas adjacent to the street shall be maintained.

(d)

On through lots, said structures may be located no closer than ten (10) feet (six (6) feet in the RBH Zone) to the rear lot line, except as specified otherwise in Section 8175-4.15.

(Ord. No. 4451, § 9, 12-11-2012; Ord. No. 4498, § 3, 12-6-2016)

8175-4.2 - Architectural features.

Eaves, cornices, canopies, belt courses, sills, buttresses or other similar architectural features may project into required setback areas provided that such extensions do not extend more than two (2) feet into any required setback area, and are not closer than two (2) feet to any side or rear property line. When more than one (1) building is located on the same lot, such features shall not be closer than two (2) feet to a line midway between the exterior walls of such buildings.

Bay windows, regardless of whether or not they create additional floor area, are not considered architectural features and may not project into required setback areas.

(Ord. No. 4451, § 9, 12-11-2012)

8175-4.3 - Balconies, fire escapes and stairways.

Open, unenclosed stairways or balconies not covered by roofs or canopies may extend into required rear setbacks not more than four (4) feet (three (3) feet in the RBH zone) and into required front setbacks not more than two and one-half (2½) feet (four (4) feet in the RBH zone).

(Ord. No. 4451, § 9, 12-11-2012)

8175-4.4 - Porches and decks.

Uncovered porches and decks constructed at or below the level of the first floor of the building may extend into required front setbacks not more than six (6) feet, and into rear and side setbacks no closer than three (3) feet to the property line. On through lots, such porches and decks may be constructed no closer than three (3) feet to the rear property line In the RB and RBH zones, and no closer than ten (10) feet In other zones. An open-work railing not more than three (3) feet in height may be installed or constructed on such porch or deck without affecting this provision. In no case shall required parking, or access thereto, be obstructed in any way.

(Ord. No. 4451, § 9, 12-11-2012)

8175-4.5 - Chimneys and fireplaces.

Masonry chimneys and fireplaces may project into required setback areas not more than two (2) feet provided that such chimneys or fireplaces shall not be closer than three (3) feet to any side property line of the lot or parcel. Where more than one (1) building is located on the same lot, such chimneys or fireplaces shall not be closer than three (3) feet to a line midway between the exterior walls of such buildings.

(Ord. No. 4451, § 9, 12-11-2012)

8175-4.6 - Heating and cooling equipment.

Accessory heating and cooling equipment and necessary appurtenances may be located to within three feet of any side or rear lot line.

8175-4.7 - Depressed ramps.

Open-work fences, hedges, guard railings or other landscaping or architectural devices for safety protection around depressed ramps may be located in required setback areas, provided that such devices are not more than three and one-half (3½) feet in height.

(Ord. No. 4451, § 9, 12-11-2012)

8175-4.8 - Roof structures.

(a)

Except as provided in subsection (b), roof structures may be erected above the height limits prescribed in this Chapter, provided that no additional floor space is thereby created.

(b)

In the RB and RBH zones, the finished height of roof structures shall not exceed twenty-eight (28) feet except for:

(1)

TV antennas, chimneys, flagpoles, weather vanes or similar structures, and structures or walls as required by the County for fire protection; and

(2)

Open-rail or transparent safety railings on principal structures with flat roofs. These railings may be increased to a finished height of no more than twenty-eight (28) feet six (6) inches to comply with California Building Code regulations.

(Am. Ord. 3788—8/26/86; Ord. No. 4451, § 9, 12-11-2012)

8175-4.9 - Non-commercial antennas.

Ground-mounted, non-commercial antennas that are limited to private, non-commercial uses and accessory to a dwelling, may be erected above the height limits for structures, to a maximum height of seventy-five (75) feet from the existing grade, and may be supported by guy wires or similar mechanisms. See Section 8175-5.1(i) for standards.

(Ord. No. 4498, § 3, 12-6-2016)

8175-4.10 - Wireless communication facilities.

Wireless communication facilities may be erected above the height limits for structures, provided that the facility does not exceed the maximum height limits prescribed in Section 8175-5.20.3(g).

(Ord. No. 4498, § 3, 12-6-2016)

Editor's note— Ord. No. 4498, § 3, adopted Dec. 6, 2016, renumbered the former §§ 8175-4.10—8175-4.15 as §§ 8175-4.11—8175-

(Ord. No. 4498, § 3, 12-6-2016)

8175-5.20.2.2 - Facilities and activities not covered.

The facilities, devices, and activities listed below are not covered by the provisions of Section 8175-5.20:

(a)

Non-commercial antennas such as citizen band radios and amateur radio facilities that are an accessory structure to a dwelling. (See standards for non-commercial antennas in Sections 8175-4.9 and 8175-5.1(i).)

(b)

Residential TV antennas, satellite and digital TV dishes less than one (1) meter in diameter.

(c)

Repair and Maintenance. Work performed by the operator to maintain a facility at its permitted condition with no change to the physical dimensions of the authorized development—including the repair, restoration or replacement of existing faux design elements, antennas, and equipment within an equipment cabinet. In all cases, the replacement of antennas or faux design elements shall be limited to reproductions of the originally permitted equipment. Repair and maintenance also includes testing and repair of operational features which do not alter the physical dimensions of the permitted wireless communication facility—such as backup generators, fire suppression systems, air ventilation systems, and cable modifications in cable conduits. Repair and maintenance does not include modifications (see Section 8175-5.20.12.1(d)), or the replacement of the supporting tower, pole, or base station.

(Ord. No. 4498, § 3, 12-6-2016)

8175-5.20.2.3 - Wireless communication facilities on government and public works buildings.

Any wireless communication facility, including a non-commercial antenna, located on a government building or public works facility, such as a police or fire station, shall be permitted as an accessory use if it is used exclusively for government operations or for public safety (e.g., police, fire and emergency management operations). Such facilities shall be processed as part of the underlying land use permit for the government building or public works facility. Wireless communication facility modifications shall be made pursuant to Section 8175-5.20.12 and in accordance with the development standards in Sections 8175-5.20.3 and 8175-5.20.4(a).

(Ord. No. 4498, § 3, 12-6-2016)

8175-5.20.2.4 - Wireless communication facilities for public safety.

Except when located in a restricted location (see Section 8175-5.20.3(g)), the applicable County decision-making authority may waive or modify one (1) or more of the development standards in Sections 8175-5.20.3 and 8175-5.20.4(a) for a wireless communication facility that is exclusively used for the delivery of government services. In addition, such facilities shall be used primarily for public safety (e.g., public works, animal services, health care, and human services). Such waivers or modifications shall only be permitted when the application of a development standard would effectively prohibit the installation of that facility. In order to waive or modify a development standard, the applicant shall demonstrate in writing that a waiver or modification of the standard is necessary for the provision of public safety services and that such waivers or modifications do not exceed what is necessary to remove the effective prohibition.

(Ord. No. 4498, § 3, 12-6-2016)

8175-5.20.2.5 - Wireless communication facilities located in the public rights-of-way.

Any wireless communication facility located within the public road rights-of-way requires authorization by a permit issued by the Planning Division and an encroachment permit issued by Caltrans (for state roadways) or the Transportation Department, Ventura County Public Works Agency (for County roadways). See Section 8175-5.20.4 for development standards for wireless communication facilities located in the public road right-of-way.

(Ord. No. 4498, § 3, 12-6-2016)

8175-5.20.3 - Development standards.

The following development standards apply to all wireless communication facilities. In the event of a conflict between the standards prescribed in this Section (Section 8175-5.20.3) and the standards prescribed for the public road rights-of-way (Section 8175-5.20.4),

the standards that are most protective of coastal resources shall prevail.

(a)

Concealment Requirements. To minimize visual impacts, the following standards shall apply:

(1)

Any facility that is fifty (50) feet or less in height shall be designed as a stealth facility;

(2)

Whenever technically feasible, any facility that is fifty-one (51) to eighty (80) feet in height shall be designed as a stealth facility; and

(3)

Any facility that exceeds eighty (80) feet in height shall be defined as a non-stealth facility but shall utilize all feasible concealment techniques in the facility design.

Any facility that is not designed as a stealth facility, or any facility that exceeds eighty (80) feet in height, is subject to the requirements of Section 8175-5.20.3(b) below. Technical expert review of propagation diagrams, alternative sites analysis, and the information provided to satisfy each provision in Section 8175-5.20.3(b) below will be required for a wireless communication facility that exceeds eighty (80) feet in height to demonstrate that the height is necessary to meet service coverage needs.

(b)

Exceptions to Stealth Facilities. A non-stealth wireless communication facility shall only be authorized where such a facility is required pursuant to federal law as described in Section 8175-5.20.5. Applications for a non-stealth facility shall include an alternative sites analysis and written and graphic information that demonstrates each of the following:

(1)

One (1) or more shorter stealth facilities would be technically infeasible (i.e., the applicant demonstrates that adequate service coverage cannot be met by one (1) or more stealth facilities); and

(2)

The proposed facility is designed to blend with the environment to the maximum extent feasible (see Section 8175-5.20.3(c)); and

(3)

A stealth facility consistent with the height limits in Section 8175-5.20.3(h) would be inconsistent with one (1) or more key provisions of the federal Telecommunications Act (see Section 8175-5.20.5).

(c)

Making Wireless Communication Facilities Compatible with the Existing Setting. Wireless communication facilities shall be located and designed to be compatible with the existing setting as follows:

(1)

Location. To the maximum extent feasible, facilities shall be located in areas where existing topography, vegetation, buildings, or structures effectively screen and/or camouflage the proposed facility;

(2)

Facility Design. Facilities shall be designed (i.e., size, shape, color, and materials) to blend in with the existing topography, vegetation, buildings, and structures on the project site as well as its existing setting to the maximum extent feasible; and

(3)

Interference with Access and Transportation. Facilities shall not interfere with public access to and along the coast, and shall not alter any method of transportation, conflict with requirements of the Americans with Disabilities Act, block or reduce coastal access, or

obstruct clear line-of-sight triangles within the public right-of-way.

(4)

Military Compatibility. Facilities should be sited and designed for compatibility with military security requirements and frequency spectrum needs to avoid interference with military operations.

(d)

Siting Criteria. The order of priority for siting a wireless communication facility is as follows:

(1)

In a "preferred" location pursuant to subsection (e) below; or

(2)

In a "neutral" location, which is defined as a site that is not identified as a "preferred," "non-preferred" or "restricted" location; or

(3)

In a "non-preferred" location pursuant to subsection (f) below; or

(4)

In a "restricted" location pursuant to subsection (g) below.

With the exception of a "preferred" location, the applicant shall demonstrate, based on substantial evidence provided by an alternative sites analysis (see Section 8175.20.10(j), that all higher priority locations are infeasible. In a restricted location, technical expert review of propagation diagrams, alternative sites analysis, and other information will be required for a wireless communication facility to demonstrate that the proposed facility is necessary to meet service coverage needs (see Section 8175-5.20.5.1).

(e)

Preferred Locations. The following sites are defined as "preferred" locations:

(1)

Collocated on an existing wireless communication facility with adequate height and structure to accommodate additional wireless communication facilities (see Section 8175-5.20.6), with the exception of locations where a collocated facility would degrade the visual quality of the area.

(2)

Flush-mounted on an existing structure, pole, or building when located in the COS, CA and CM zones.

(3)

Within the public road rights-of-way along existing developed roadways and mounted on existing overhead utility facilities, streetlight poles, or traffic signals, with the exception of facilities located on scenic or eligible scenic highways.

(4)

In locations where the existing setting includes features of sufficient height and mass to effectively conceal the wireless communication facility, such as settings where the facility can be concealed in an existing building or nestled within an existing grove of trees.

(5)

Located within, contiguous with, or in close proximity to existing wireless communication facilities, provided that the clustered facilities will be more protective of coastal resources when compared to a non-clustered facility configuration.

(f)

Non-Preferred Locations. The following sites are defined as "non-preferred" locations:

(1)

On a ridge where the facility is not a silhouette from public viewing areas.

(2)

On a structure, site or in a district designated as a local, state, or federal historical landmark (see Section 8175-5.20.3(k)).

(3)

On slopes greater than twenty (20) percent;

(g)

Restricted Locations. The following sites are defined as "restricted" locations:

(1)

Within an ESHA or within an ESHA buffer zone (see Section 8175-5.20.3(m)), except where a wireless communication facility is allowed within a developed public road right-of-way in a location that is also within an ESHA buffer zone, and then it may be processed as a preferred location pursuant to subsection (e) above, provided that no extension of fuel modification into ESHA results from the facility.

(2)

On lots between the mean high tide line and the first public road parallel to the sea, with the exception of building-concealed facilities.

(3)

On a ridgetop or a ridge where the facility is a silhouette from public viewing areas.

(h)

Height:

(1)

How to Measure. Unless otherwise indicated in this section (Section 8175-5.20.3), the height of a ground-mounted wireless communication facility shall be measured from the adjacent, average existing grade to the highest point of the facility (i.e., antenna, equipment, concealment elements, faux structure, or other component of the facility).

(2)

Minimizing Visual Impacts. The height of a wireless communication facility shall be limited to what is necessary to provide adequate service or coverage.

(3)

Building-Concealed Facility Height. Building-concealed wireless communication facilities shall not exceed the maximum building height limits of the zone in which the building is located (see Section 8175-2 for maximum building height limits and Section 8175-

g.

Notwithstanding any other provision of this Article, no public hearing shall be conducted regarding permit applications under this Section. Decisions of the Planning Director or designee on permit applications are final when rendered and are not subject to appeal.

(Ord. No. 4522, § 4, 6-12-2018)

8175-5.21.8 - Operational standards.

The following minimum operational standards apply to all homeshares and short-term rentals. All owners, renters, occupants and visitors of homeshares and short-term rentals shall comply with the operational standards. The owner(s) and permittee(s) of homeshares and short-term rentals are ultimately responsible for ensuring compliance with, and are liable for violations of, these operational standards.

(Ord. No. 4522, § 4, 6-12-2018)

8175-5.21.8.1 - Occupancy limits.

a.

Short-term rental overnight occupancy shall be limited to a maximum of two (2) persons per bedroom occupying up to five (5) bedrooms, plus two (2) additional persons, up to a maximum of ten (10) persons.

b.

Homeshares shall have a maximum of two (2) bedrooms available for rental. Overnight occupancy shall be limited to a maximum of five (5) rental guests.

c.

Inclusive of the owner(s) in the case of homeshares, the maximum number of total persons allowed on the property at any time shall not exceed the maximum overnight occupancy plus six (6) additional persons. No person who is not staying overnight at the

homeshare or short-term rental shall be on the property during the quiet hours stated in Section 8175-5.21.8.3.

d.

Homeshares and short-term rentals shall not be rented to more than one (1) group at a time; no more than one (1) rental agreement shall be effective for any given date.

(Ord. No. 4522, § 4, 6-12-2018)

8175-5.21.8.2 - Parking requirements.

a.

Parking shall be provided on the property as follows: a minimum of one (1) parking space for short-term rentals in a studio or with one (1) bedroom; a minimum of two (2) parking spaces for homeshares and short-term rentals with two (2) to four (4) bedrooms; and a minimum of three (3) parking spaces for homeshares and short-term rentals with five (5) bedrooms.

b.

Permitted garages and driveways on the property shall be unobstructed and made available for renter parking, if such location(s) are needed to satisfy the parking requirements of subpart a.

(Ord. No. 4522, § 4, 6-12-2018)

8175-5.21.8.3 - Noise.

a.

No use or activity associated with a homeshare or short-term rental shall at any time create unreasonable noise or disturbance.

b.

Quiet hours shall be observed from 10:00 p.m. to 7:00 a.m.

c.

No outdoor amplified music/sound shall be allowed during quiet hours when a property is being rented as a homeshare or short-term rental.

(Ord. No. 4522, § 4, 6-12-2018)

8175-5.21.8.4 - Events and activities.

Unless allowed under an approved conditional use permit, no homeshare or short-term rental property shall be rented or used for any event or activity attended by more persons than are allowed on the property pursuant to Section 8175-5.21.8.1, that violates any noise standard of Section 8175-5.21.8.3, or that violates any other standard or requirement of this Section or any other local, state or federal law.

(Ord. No. 4522, § 4, 6-12-2018)

8175-5.21.8.5 - Refuse.

Adequate waste collection facilities and services shall be provided for a homeshare or short-term rental at all times. Waste bins and refuse shall not be left within public view, except in proper containers for the purpose of collection on the scheduled collections day(s). The waste collection schedule and information about recycling and green waste separation and disposal shall be included in the rental agreement and posted conspicuously in the rental unit.

(Ord. No. 4522, § 4, 6-12-2018)

8175-5.21.9 - Property management requirements.

The following minimum property management requirements apply to all homeshares and short-term rentals.

(Ord. No. 4522, § 4, 6-12-2018)

8175-5.21.9.1 - Owner/property manager requirements.

a.

At all times a homeshare is rented out, a homeshare owner shall be onsite between the hours of 10:00 p.m. and 7:00 a.m., and within forty (40) miles of the property at all other times, to ensure compliance with the standards and requirements of this Section.

b.

At all times a short-term rental is rented out, the short-term rental shall have one (1) or two (2) designated property managers available twenty-four (4) hours per day, seven (7) days per week, and who shall be within forty (40) miles of the property, to ensure compliance with the standards and requirements of this Section. An owner may serve as the property manager.

c.

Each application under this Section shall include the name, address, and telephone number(s) at which the property manager(s) can be reached at all times, along with the signature of each property manager. Any requested change to a designated property manager shall be made through a formal written request to the Planning Director or designee, and shall include the signature of the proposed property manager and the desired effective date of the change. No change to a short-term rental's designated property manager shall take effect unless and until approved in writing by the Planning Director or designee.

(Ord. No. 4522, § 4, 6-12-2018)

8175-5.21.9.2 - Posting outside of units; permit notification.

a.

At all times a dwelling is in use as a short-term rental or homeshare, the designated property manager's contact information and the contact information for the County Resource Management Agency's Code Compliance Division ("Code Compliance Division") shall be printed legibly on a sign no larger than eight and one-half (8.5) × eleven (11) inches and posted on an outside wall readily visible from the main entrance to the dwelling, or adjacent to the main entry gate where property access is limited.

b.

The Planning Division shall provide a mailed notice of permit issuance, and of each permit renewal, in accordance with Section 8181-