§ 5.20

(a)

Site Plan Adjustment—Any change to a wireless communication facility or the permit for that facility that would not alter any of the findings made pursuant to Section 8181-3.5, nor any findings of approval for the permit or any findings contained in the environmental document prepared for the project, and would not have any adverse impact on the subject site or surrounding properties, including

any adverse impact on coastal resources, may be deemed a Site Plan Adjustment and acted upon by the Planning Director without a hearing. Additionally, these minor changes shall not circumvent the purpose or lessen the effectiveness of the approved permit conditions and must be consistent with all other provisions of the LCP. In addition to the preceding, the proposed modification shall satisfy each of the following criteria as applicable:

(1)

Alterations to the approved landscaping plan that comply with standards in Section 8175-5.20.3(r) and may result in replacement vegetation or additional vegetation for screening purposes; and

(2)

Modifications that do not result in noise generating equipment which would exceed originally permitted levels; and

(3)

Replacement, modification, or a series of replacements or modifications to a wireless communication facility that do not cumulatively constitute an increase in physical dimensions of ten percent (10%) or more in any one (1) or more of the following, and excluding the replacement of the tower, pole, or base station:

•

Height or width of the antenna or associated equipment;

•

Circumference of the antenna, mast, or pole;

•

Distance of the antenna array from the support structure;

•

Volume of equipment, including but not limited to the fuel tank, equipment sheds, guy wires, pedestals and cables;

•

Equipment area that is enclosed by structural elements or screening devices such as fences and walls; or

•

Lease area or building coverage included in the approved permit; and

(4)

Modifications to the facility design and operation that are consistent with the facility's original design and permitted conditions of approval. Proposed changes to a stealth facility shall retain the necessary features to ensure the facility remains stealth, as stated in Section 8175-5.20.3(j). For example, a modified faux tree shall continue to appear like and simulate the original faux tree, or a slim-line pole shall retain its original profile.

(b)

Minor and Major Modification—Modifications to an existing wireless communication facility shall be processed as either a minor or major modification pursuant to Section 8181.10.4.2 if the proposed modification cannot be processed through a Zoning Clearance (see Section 8175.5.20.12.1) or Site Plan Adjustment (see Section 8175.5.20.12.3(a)). All extensions of the effective period of a discretionary permit shall be processed as a minor or major modification of the existing permit.

(Ord. No. 4498, § 3, 12-6-2016)

8175-5.20.13 - Permit period and expiration.

No Conditional Use Permit for a wireless communication facility shall be issued for a period that exceeds ten (10) years. At the end of the permit period, the permit shall expire unless the permittee submits, in accordance with all applicable requirements of this Chapter, an application for a permit modification which includes an extension of the effective period of a discretionary permit (see Section 8175-5.20.14). A request for an extension of the effective period of the discretionary permit is a modification which shall be submitted prior to the permit expiration date, in which case the permit shall remain in full force and effect to the extent authorized by Section 8181-5.6.

(Ord. No. 4498, § 3, 12-6-2016)

8175-5.20.14 - Extensions to the effective period of a discretionary permit (Time extensions).

(a)

Conditional Use Permits: Time extensions shall be limited to ten (10) years and shall be processed as follows:

(1)

A time extension that includes no modifications to the facility, and no other permit modifications, shall be processed as a minor modification.

(2)

A time extension that includes modifications to the facility, or other permit modifications, shall be processed as either a minor or major modification pursuant to Section 8181.10.4.2.

(3)

For proposed permit time extensions to a nonconforming wireless communication facility, see Section 8175-5.20.15.2.

(b)

Wireless Communication Facility Technology Upgrades: Whenever a permit time extension is requested for a wireless communication facility, the permittee shall replace or upgrade existing equipment when feasible to reduce the facility's visual impacts and improve land use compatibility.

(Ord. No. 4498, § 3, 12-6-2016)

8175-5.20.15 - Nonconforming wireless communication facilities.

Any wireless communication facility rendered nonconforming solely by the enactment or subsequent amendment of the development standards stated in Sections 8175-5.20.3 and 8175-5.20.4(a) shall be considered a legal nonconforming wireless communication facility subject to the following provisions.

(Ord. No. 4498, § 3, 12-6-2016)

8175-5.20.15.1 - Modifications to nonconforming wireless communication facilities.

If a modification is proposed to a legal, nonconforming wireless communication facility, then the modification may be authorized through a permit modification processed pursuant to Section 8175-5.20.12, provided that all of the following apply:

(a)

No modifications are proposed that would increase the level of nonconformance with development standards in Sections 8175-5.20.3 or 8175-5.20.4(a); and

(b)

A major modification is not required.

Permit modifications granted pursuant to this section may include conditions requiring the permittee to upgrade the legal, nonconforming wireless communication facility in order to reduce the level of nonconformance with current development standards.

(Ord. No. 4498, § 3, 12-6-2016)

8175-5.20.15.2 - Permit time extension for nonconforming wireless communication facilities.

An existing permit for a legal, nonconforming wireless communication facility may be granted a one-time time extension not to exceed ten (10) years provided that it satisfies the conditions in 8175-5.20.15.1 above, and all of the following apply:

(a)

The facility was operated and maintained in compliance with applicable County regulations;

(b)

The facility height (Section 8175-5.20.3(h)) and setbacks (Section 8175-5.20.3(i)) are less than a ten percent (10%) deviation from current standards; and

(c)

The facility is stealth, as required by Sections 8175-5.20.3 and 8175-5.20.4(a).

(Ord. No. 4498, § 3, 12-6-2016)

8175-5.20.16 - Abandonment.

A wireless communication facility that is not operated for a period of twelve (12) consecutive months or more from the final date of operation, or a nonconforming wireless communication facility that is not operated for a period of one hundred eighty (180) consecutive days from the final date of operation, shall be considered an abandoned facility. The abandonment of a wireless communication facility constitutes grounds for revocation of the land use entitlement for that facility pursuant to Section 8181-10.

(Ord. No. 4498, § 3, 12-6-2016)

8175-5.20.17 - Voluntary termination.

When the use of a wireless communication facility is terminated, the permittee shall provide a written notification to the Planning Director within thirty (30) days after the final day of use. The permittee must specify in the written notice the date of termination, the date the facility will be removed, and the method of removal.

(Ord. No. 4498, § 3, 12-6-2016)

8175-5.20.18 - Site restoration.

Within one hundred eighty (180) days of permit revocation, permit expiration or voluntary termination, the permittee shall be responsible for removal of the wireless communication facility and all associated improvements and development, and for restoring the site to its pre-construction condition. If the permittee does not comply with these requirements, the property owner shall be responsible for the cost of removal, repair, site restoration, and storage of any remaining equipment.

(Ord. No. 4498, § 3, 12-6-2016)

8175-5.21 - Temporary rental of dwellings. 8175-5.21.1 - Temporary rental of dwelling must be expressly authorized.

Except as expressly authorized by this Section 8175-5.21 (the "Section") or otherwise expressly authorized by this Chapter, no dwelling, property or any portion thereof shall be rented for a term of less than thirty (30) consecutive days in the unincorporated area of Ventura County subject to this Chapter. Renting for periods of less than thirty (30) days pursuant to purported longer-term leases or by other means intended to evade compliance with this Section are prohibited.

(Ord. No. 4522, § 4, 6-12-2018)

8175-5.21.2 - Definitions.

Refer to Section 8172-1, for the definitions of the terms home exchange, homeshare, short-term rental, and rent as used in this Chapter. For purposes of this Section only, the following definitions shall apply:

a.

Owner—A person with a full or partial fee title ownership interest in the subject property. For a property held in a trust, each trustee (but no trust beneficiary) is considered an owner.

b.

Primary Residence—A dwelling which is the owner's main living location as evidenced by the owner's address-of-record for official documents such as the property's title, income tax returns, voter registration, or a current property tax bill.

(Ord. No. 4522, § 4, 6-12-2018)

8175-5.21.3 - Application.

Unless otherwise specifically stated in this Section, the applicable operational standards of Section 8175-5.21.8 and property management requirements of Section 8175-5.21.9 are automatically imposed and made a part of every permit issued or renewed for a homeshare or short-term rental pursuant to this Section.

(Ord. No. 4522, § 4, 6-12-2018)

8175-5.21.4 - Permit requirement.

a.

A valid permit issued by the County pursuant to this Section is required in order for any person that seeks or receives any rent, payment, fee, commission or compensation in any form, to rent, offer for rent, advertise for rent, or facilitate the rental of a homeshare or short-term rental in the unincorporated area of Ventura County.

b.

A temporary rental unit permit authorizing a homeshare or short-term rental shall be issued or renewed by the Planning Director or designee if the standards and requirements of this Section and those of Section 8181-3.1(a) are met.

(Ord. No. 4522, § 4, 6-12-2018)

8175-5.21.4.1 - Limited term.

Permits for homeshares and short-term rentals shall be issued or renewed for a maximum term of one (1) year. All permits shall contain the following provision: "This permit shall expire no later than one (1) year after the date of issuance, and is subject to revocation for violation or noncompliance with the requirements of Section 8175-5.21 or any other applicable provision of the Ventura County Ordinance Code."

(Ord. No. 4522, § 4, 6-12-2018)

8175-5.21.5 - Permit eligibility.

Permits may only be issued under this Section for homeshares and short-term rentals that meet each of the applicable eligibility requirements stated in this Section 8175-5.21.5.

(Ord. No. 4522, § 4, 6-12-2018)

8175-5.21.5.1 - Owner requirements and limitations.

a.

Permits may only be issued to the owner(s) of the homeshare or short-term rental property, and shall automatically expire upon sale or transfer of ownership of the property, in whole or in part. All permits shall include the following provision: "This permit shall automatically expire upon sale or transfer of the property, in whole or in part, or as stated in Section 8175-5.21.4.1, whichever comes first."

b.

A permit may only be issued for a homeshare or short-term rental property if no owner of the subject homeshare or short-term rental property is also the owner of another homeshare or short-term rental property that is currently permitted under this Section. In

addition, if a property contains multiple dwelling units (e.g., a duplex, cottages or apartments), only one (1) dwelling unit on the parcel is eligible for permitting as a homeshare or short-term rental under this Section.

(Ord. No. 4522, § 4, 6-12-2018)

8175-5.21.5.2 - Ineligible dwellings and structures.

Except as provided in Section 8175-5.21.12, no permit for a homeshare or short-term rental shall be issued for any of the following dwellings:

a.

A dwelling that was permitted as a second dwelling unit or an accessory dwelling unit;

b.

A dwelling subject to a County-imposed covenant, condition or agreement restricting its use to a specific purpose including but not limited to an affordable housing unit, farmworker housing, a superintendent or caretaker dwelling;

c.

A dwelling on property subject to a Land Conservation Act (Gov. Code §§ 51200 et seq.) contract;

d.

A dwelling on property fully or partially owned by a corporation, partnership, limited liability company, or other legal entity that is not a natural person, except in the event every shareholder, partner or member of the legal entity is a natural person as established by documentation (which shall be public record) provided by the permit applicant. In the event this exception applies, every such natural person shall be deemed a separate owner of the subject dwelling and property for purposes of this Section;

e.

A dwelling on property owned by six (6) or more owners; or

f.

A dwelling or structure that has not, if legally required, obtained a full building final inspection or been issued a valid certificate of occupancy by the County Building Official.

(Ord. No. 4522, § 4, 6-12-2018)

8175-5.21.6 - Pre-permitting inspection.

Prior to the initial issuance and each renewal of a permit under this Section, the County Building Official or designee shall conduct an inspection to determine the number of bedrooms within the unit and ensure the dwelling and site comply with the provisions of this Section and other applicable building and zoning codes and regulations regarding parking, access, fire, and other relevant health and safety standards. If any violation is identified during the inspection, no permit shall be issued under this Section until the violation(s) is abated.

(Ord. No. 4522, § 4, 6-12-2018)

8175-5.21.7 - Permit application, processing and fees.

a.

Applications for the initial issuance and renewal of permits under this Section shall meet the form and content requirements as established by the Planning Director or designee pursuant to Sections 8181-5 and 8181-5.2. As part of each application, the applicant shall submit documentation, as specified by the Planning Director or designee, needed to determine permit eligibility and compliance with all other requirements of this Section.

b.

Each application shall include a site plan depicting the location and describing the use of all existing structures.

c.

Each application shall include an affidavit in a form provided by the Planning Director or designee, signed by each owner of the subject property, agreeing to comply with the operational standards of Section 8175-5.21.8 and the property management requirements of Section 8175-5.21.9 should the permit be issued. The affidavit form shall also include the following statement: "The County considers the temporary rental of dwellings to be businesses that are operated in residential zones. Temporary rentals are not a by-right use. Instead, they are only allowed if operated in strict compliance with the rules and requirements of this Section. Violations are grounds for permit revocation, fines, and/or criminal prosecution."

d.

For a homeshare only, annually provide to the Planning Division proof of a homeowner's exemption from the County Assessor and a fully-executed statement that the property is owner occupied.

e.

An annual permit fee authorized by the fee schedule applicable to the Planning Division may be collected upon the filing of an application to cover the County's costs of administering this Section.

f.

Prior to permit issuance under this Section, the applicant shall: (i) pay all applicable County fees; (ii) submit a code compliance deposit in accordance with Section 8175-5.21.10.2; (iii) provide contact information for the owner of a homeshare, or designate and provide contact information for one (1) or two (2) property managers of a short-term rental, pursuant to Section 8175-5.21.9.1; (iv) provide a fully-executed affidavit pursuant to Section 8175-5.21.7(b); (v) provide proof of compliance with the business tax and licensing, and transient occupancy tax, requirements pursuant to Section 8175-5.21.9.5; (vi) for a homeshare only, proof of a homeowner's exemption and statement that property is owner occupied pursuant to Section 8175-5.21.7(d); (vii) provide proof of insurance pursuant to Section 8175-5.21.9.6; and (viii) provide the fully-executed defense and indemnification agreement pursuant to