§ 9.6

Projects shall be located, designed, operated and reclaimed so as to minimize their adverse impact on the physical and social environment, and on natural resources. To this end, dust, noise, vibration, noxious odors, intrusive light, aesthetic impacts, traffic impacts and other factors of nuisance and annoyance, erosion and flooding shall be minimized or eliminated through the best accepted mining and reclamation practices which are applicable to local conditions and incident to the exploration for and extraction of aggregate resources. In addition, mitigation measures should be consistent with contemporary principles and knowledge of resource management, stormwater quality, groundwater quality and quantity, flood control engineering and flood plain management. Further, posting of signs and notification to neighboring property owners of the project's activities shall be required where necessary.

No processing equipment or facilities shall be permanently located, and no mining or accessory uses shall occur, within the horizontal setbacks specified below:

(Am. Ord. 4092—6/27/95)

a.

100 feet of any dedicated public street or highway unless the Public Works Agency determines a lesser distance would be acceptable.

b.

100 feet of any dwelling not accessory to the project, unless a waiver is signed pursuant to Sec. 8107-9.6.13 allowing the setback to be reduced. In no case shall permanent processing facilities, equipment, or mining be located less than 50 feet from said structures.

c.

200 feet of any institution, school or other building used as a place of public assemblage, unless a waiver is signed pursuant to Sec. 8107-9.6.13 allowing the setback to be reduced. In no case shall permanent processing facilities or equipment or mining be located less than 100 feet from said structures.

Other facilities and structures shall be set back distances which are applicable for accessory structures for the zone in which the use is located.

8107-9.6.3 - Obstruction of drainage courses.

Mining operations and their accessory uses, access roads, facilities, stockpiling of mineral resources and related mining activities shall be consistent with current engineering and public works standards and in no case shall obstruct, divert, or otherwise affect the flow of natural drainage and flood waters so as to cause significant adverse impacts, except as authorized by the Public Works Agency.

(Am. Ord. 4092—6/27/95)

Contaminants, water runoff and siltation shall be controlled and generally contained on the project site so as to minimize adverse off- site impacts.

8107-9.6.5 - Dust prevention.

The project site and all roads or hauling routes located between the public right-of-way and the subject site shall be improved or otherwise treated as required by the County and maintained as necessary to prevent the emanation of dust.

8107-9.6.6 - Light emanation.

Light emanation shall be controlled so as not to produce excessive levels of glare or abnormal light levels directed at any neighboring uses.

(Am. Ord. 4123—9/17/96—grammar)

8107-9.6.7 - Painting.

All permanent facilities and structures on the site shall be colored so as to mask facilities visible from surrounding uses and roadways in the area. Said colors shall also take into account such additional factors as heat buildup and designation of danger areas. Said colors shall be approved by the Planning Director prior to painting of facilities.

8107-9.6.8 - Site maintenance.

The permit area shall be maintained in a neat and orderly manner so as not to create unsightly conditions visible from outside the permitted area or any hazardous conditions. Equipment and materials may be stored on the site which are appurtenant to the operation and maintenance of mining operations.

8107-9.6.9 - Reclamation plan.

No mining permit shall be approved without an approved reclamation plan, unless it is exempted from said reclamation plan by the State Department of Conservation. Where reclamation plans are not processed concurrently with a discretionary land use entitlement, at least one noticed public hearing on the reclamation plan must be held prior to its approval. Such reclamation plans are subject to all rights of appeal associated with permit approval. All reclamation plans must be found to be consistent with and approved in accordance with: the Ventura County Zoning Ordinance, as amended; the provisions of SMARA (Public Resource Code (PRC) § 2710 et seq.), PRC Section 2207, and State regulation Title 14 California Code of Regulations (CCR) § 3500 et seq., as amended; the regulations, guidelines and other measures adopted by the State Mining and Geology Board; Ventura County Public Works Agency standards; any and all locally adopted resource management goals and policies; and compatible with the existing geological and topographical features of the area. Additional considerations, such as the following, shall also be addressed in the reclamation plan and permit:

(Am. Ord. 4092—6/27/95)

a.

The creation of safe, stable slopes and the prevention of subsidence;

b.

Control of water runoff and erosion;

c.

Views of the site from surrounding areas;

d.

Availability of backfill material;

e.

Proposed subsequent use of the land which will be consistent with the General Plan and existing and proposed uses in the general area;

f.

Removal or reuse of all structures and equipment;

g.

The time frame for completing the reclamation;

h.

The costs of reclamation if the County will need to contract to have it performed;

i.

Revegetation of the site;

j.

Phased reclamation of the project area;

k.

Provisions of an appropriate financial assurance mechanism to ensure complete implementation of the approved reclamation plan.

(Add Ord. 4092—6/27/95)

Upon receipt of a complete reclamation plan, the Planning Director shall forward the plan to the State Department of Conservation for review. Following review by the State, the reclamation plan may be approved by the County in accordance with the requirements of

SMARA, as amended. Termination of the use or revocation of the use permit does not absolve the responsible parties for the reclamation of the site pursuant to the adopted reclamation plan and/or SMARA requirements. Failure to reclaim mined lands constitutes a violation of this Chapter and the property owner is ultimately responsible for such reclamation.

(Add Ord. 4092—6/27/95)

8107-9.6.10 - Removal of quipment, facilities and structures.

All equipment, except that which is required to complete the reclamation plan, and all facilities and structures on the project site, except those approved for retention in support of the authorized "end use", shall be removed from the site in accordance with the reclamation plan, within 180 days after the termination of the use, unless a time extension is approved by the Planning Director.

(Am. Ord. 4092—6/27/95)

8107-9.6.11 - Application of sensitive use related standards.

The imposition of regulations on mining operations, which are based on distances from occupied sensitive uses (i.e., residences, schools, health care facilities, or places of public assembly), shall only apply to those occupied sensitive uses which were in existence at the time the permit for the subject mining operations was approved. The provisions of this section shall continue for the life of the permitted mining operations at the subject site.

8107-9.6.12 - Exceptions to standards.

Upon the written request of the permittee, the Planning Director may grant temporary exceptions to the noise standards, hours of operation and the conditions of a given permit provided it is deemed necessary because of a declared public emergency or the off- hours scheduling of a public works project where a formal contract to conduct the work in question has been issued.

8107-9.6.13 - Waivers of standards.

Where provisions exist for the waiver of ordinance requirements, the waiver must be signed by the owner and all adult occupants of a dwelling, or in the case of other sensitive uses, by the owner of the use in question. Once a waiver is granted, the permittee is exempt from affected ordinance requirements relative to the sensitive use in question for the life of the permitted operations.

8107-9.6.14 - Reporting of accidents.

The permittee shall immediately notify the Planning Director of any incidents such as fires, explosions, spills, land or slope failures or other conditions at the permit site which could pose a hazard to life or property outside the permit area. Upon request of any County agency, the permittee shall provide a written report of any incident within seven calendar days which shall include, but not be limited to, a description of the facts of the incident, the corrective measures used and the steps taken to prevent recurrence of the incident.

8107-9.6.15 - Contact person.

The permittee shall provide the Planning Director with the current name(s) and/or position title, address and phone number of the person who shall receive all orders, notices and communications regarding matters of condition and code compliance. The person(s) in question shall be available by phone during the hours that activities occur on the permit site, even if this means 24 hours a day.

8107-9.6.16 - Current mining plans.

For mining projects located in sensitive areas which operate under regularly changing environmental conditions (e.g., in-river mining), a mining plan shall be prepared by the permittee on a regular basis in accordance with the applicable conditions of a project's permit. Said plan shall describe how mining over the next interval will be conducted in accordance with the intent and provisions of the project's use permit. The plan shall be reviewed and approved by the County at the permittee's expense. The review and approval of current mining plans shall not be used in lieu of the formal modification process to change the text and drawings of the permit conditions.

8107-9.6.17 - Permit review.

Monitoring of the permit or aspects of it may be required as often as necessary to ensure compliance with the permit conditions. In any case, the permit and site shall be reviewed and inspected by the Planning Division or its contractors at least once a year. The purpose of said review is to ascertain whether the permittee is in compliance with all conditions of the permit and current SMARA requirements and whether there have been significant changes in environmental conditions, land use or mining technology, or if there

is other good cause which would warrant the Planning Director's filing of an application for modification of the conditions of the permit. If such an application is filed, it shall be at the County's expense and modification of conditions would not occur without a duly noticed public hearing. More frequent inspections may be mandated at the discretion of the Planning Director after violations have been discovered on the site. The permittee shall pay the County the annual inspection fee established by resolution of the Board of Supervisors.

(Am. Ord. 4092—6/27/95)

8107-9.6.18 - Enforcement costs.

Permit conditions shall be imposed which will enable the County to recover the reasonable and appropriate costs necessary for the reviewing and monitoring of permit operations and the enforcing of the applicable requirements of the Zoning Ordinance and the conditions of this permit.

8107-9.6.19 - Civil penalties.

In case of any failure by the permittee to perform or comply with any term or provision of this conditional use permit, the final decision-making authority that would act on the permit may, after notice to the permittee and a public hearing, determine by resolution the amount of the civil penalty to be levied against the permittee. Said penalty shall be paid within 30 days unless the penalty is under appeal. Failure to pay the penalty within the allotted time period shall be considered grounds for suspension of the subject use, pursuant to Sec. 8111-7.2, until such time as the penalty is paid. The payment of a civil penalty shall not insulate the permittee from liability in excess of the sum of the penalty for damages or injury or expense or liability suffered by the County of Ventura from any breach by the permittee of any term or condition of said permit or of any applicable ordinance or of this security. Said penalty is separate from the "administrative penalty" that the County may impose pursuant to SMARA.

The maximum penalty that can be levied against a permittee at any given time shall be in accordance with the amounts set forth below. The amounts for a given permit may be increased to adjust for inflation pursuant to the conditions of the subject permit.

Total Permitted Extraction Applicable Civil (Life of the Project) Penalty Ceiling

Less than 10,000 cu. yards $ 5,000.00

10,000 to 99,999 cu. yards 10,000.00

100,000 to 999,999 cu. yards 15,000.00

1,000,000+ cu. yards 25,000.00

(Am. Ord. 4092—6/27/95)

8107-9.6.20 - Performance securities.

Performance bonds or other securities may be imposed on any permit to ensure compliance with certain specific tasks or aspects of the permit. The amount of the security shall be based upon the actual anticipated costs for completing the subject task if the County were forced to complete it rather than the permittee. The performance security may be posted in phases as tasks are undertaken or required to be completed.

8107-9.6.21 - Insurance.

The permittee shall maintain, for the life of the permit, liability insurance of not less than $500,000 for one person and $1,000,000 for all persons, and $2,000,000 for property damage, unless the Ventura County Risk Management Agency deems higher limits are necessary. This requirement does not preclude the permittee from being self-insured.

(Am. Ord. 3723—3/12/85)

8107-9.6.22 - Noise standards.

Unless herein exempted, operations associated with an approved mining permit shall not produce noise, measured at a point outside of occupied sensitive uses such as residences, schools, health care facilities, or places of public assembly, that exceeds the following

standard or any other more restrictive standard that may be established as a condition of a specific permit. Noise from the subject property shall be considered in excess of the standard when the average sound level, measured over one hour at the sensitive use, is greater than the standard that follows. The determination of whether a violation has occurred shall be made by the Planning Director in accordance with the provisions of the permit in question, where such provisions exist. If the permit has no such violation determination provisions, then best common practice shall be used.

Nomenclature and noise level descriptor definitions are described in the Ventura County General Plan Goals, Policies and Programs and the Ventura County General Plan Hazards Appendix. Measurement procedures shall be guided by the Ventura County General Plan Hazards Appendix and other contemporary procedures in effect. The maximum allowable average sound level is as follows:

  One Hour Average Noise Levels (LEQ)

• Leq1H of 55 dB(A) or ambient noise level plus 3 dB(A), whichever is greater, during any hour from 6:00 a.m. to 7:00 p.m.

• Leq1H of 50 dB(A) or ambient noise level plus 3 dB(A), whichever is greater, during any hour from 7:00 p.m. to 10:00 p.m.

• Leq1H of 45 dB(A) or ambient noise level plus 3 dB(A), whichever is greater, during any hour from 10:00 p.m. to 6:00 a.m.

8107-9.6.23 - Exceptions to noise standard.

The noise standard established pursuant to Sec. 8107-9.6.22 shall not be exceeded except for the following conditions:

a.

Where the ambient noise levels (excluding the permitted mining operation) exceed the applicable noise standards. In such cases, the maximum allowable noise levels shall not exceed the ambient noise levels plus 3 dB(A).

b.

Where a waiver has been signed pursuant to Sec. 8107-9.6.13, wherein those granting the waiver acknowledge that noise from mining related operations and traffic could exceed the allowable noise standard and that they are willing to experience such noise levels. The noise standards described under Sec. 8107-9.6.22 shall continue to apply at all locations where a waiver has not been signed pursuant to Sec. 8107-9.6.13.

8107-9.7 - Interim Management Plan standards.

The following are minimum standards and requirements which shall be applied pursuant to Sec. 8107-9.2.

8107-9.7.1 - General standards for Interim Management Plan (IMP).

Within 90 days of a surface mining operation becoming idle, the operator shall submit to the Planning Director a proposed IMP. The proposed IMP shall fully comply with the requirements of SMARA, all land use permit conditions, and shall provide measures the operator will implement to maintain the site in a stable condition, taking into consideration public health and safety. The proposed IMP shall be submitted on forms provided by the Planning Department, and shall be processed as an amendment to the reclamation plan. IMPs shall not be considered a project for the purposes of environmental review.

8107-9.7.2 - Financial assurance for Interim Management Plan (IMP).

Financial assurances for idle operations shall be maintained as though the operation were active.

8107-9.7.3 - Approval procedure for Interim Management Plan (IMP).

Upon receipt of a complete proposed IMP, the Planning Director shall forward the IMP to the State Department of Conservation for review. Following review by the State, the IMP may then be approved by the County in accordance with the requirements of SMARA, as amended.

8107-9.7.4 - Expiration of Interim Management Plan (IMP).

The IMP may remain in effect for a period not to exceed five years, at which time the Planning Director may renew the IMP for one additional period not to exceed five years, or require the surface mining operator and/or property owner to commence reclamation in accordance with its approved reclamation plan.

8107-9.8 - Agricultural mining site.

No permit for an Agricultural Mining Site shall be approved unless all of the following applicable standards have been met.

8107-9.8.1 - It has been determined by the County, in conjunction with the State Mining and Geology Board, that the Agricultural Mining Site is exempt from the requirements of the Surface Mining and Reclamation Act pursuant to PRC § 2714(f), or a reclamation plan and financial assurances must be approved pursuant to Sec. 8107-9 et seq. 8107-9.8.2 - Signed waivers, on forms provided by the County, from the applicable property owners/residents, as determined by the Planning Director, pursuant to Sec. 8111-1.1.2 have been provided. 8107-9.8.3 - There is an approved Grading permit or Hillside Erosion Control plan for the project, if required. 8107-9.8.4 - The area or areas in question have an average existing slope of less than 20 percent. 8107-9.8.5 - The amount of material exported from the site is in keeping with good engineering practices as determined by the County Public Works Agency. 8107-9.8.6 - The permittee shall provide the Planning Director with the current name(s) and/or position title, address and phone number of the person who shall receive all orders, notices and communications regarding matters of code compliance. The person(s) in question shall be available by phone during the hours that activities occur on the permit site, even if this means 24 hours a day. 8107-9.8.7 - The amount of material to be removed does not exceed 40,000 cubic yards of earthen material. 8107-9.8.8 - The proposed project is the only such agricultural mining site that may be approved on the subject legal lot. 8107-9.8.9 - There shall be no more than 50 one-way truck trips per operating day. Any haul truck arriving at the site shall count as one (1) one-way vehicle trip and any haul truck departing the site shall count as one (1) one-way vehicle trip (i.e., one (1) round-trip equals two (2) one-way trips). 8107-9.8.10 - The project shall cease after one year from the date the permit is issued. 8107-9.8.11 - Truck hauling shall be limited to six days per week, excluding Sundays, and shall occur only between the hours of 9:00 a.m. to 3:00 p.m. 8107-9.8.12 - All trucks leaving the site must be constructed, covered, or loaded to prevent any of its contents from dropping, sifting, leaking, blowing, spilling, or otherwise escaping from the vehicle onto a private or public roadway. 8107-9.8.13 - Material shall not be stockpiled on or hauled through or within 100 feet of areas such as wetlands, riparian habitat or other environmentally sensitive areas. 8107-9.8.14 - The permittee has a program that demonstrates to the satisfaction of the Planning Director that the following factors have been adequately addressed:

a.

Excavated material shall be relocated to a lawful site;

b.

The haul routes do not conflict with school bus routes/schedules;

c.

Traffic controls exist to promote the safe ingress and egress of vehicles to and from the site through such means as signs, flagmen, notices to property owners, etc.;

d.

Dust shall be controlled to a degree comparable with agricultural operations in the area through such means as watering the work site;

e.

Erosion of the site shall not occur;

f.

Siltation of streams and adjacent property shall not occur.

81079.8.15 - Removal of material is integral to conduct agricultural operations, and is beneficial for the development or enhancement of a bone fide farming operation on the site, as determined by the Planning Director, in consultation with County agricultural

authorities (i.e., Agricultural Commissioner's Office, Farm Advisor, etc.). In making this determination the Planning Director shall use the following guidelines among others, where applicable:

a.

An agronomic report by a qualified soil expert certifies that the proposed removal of material will enhance the agricultural productivity of the site and may be required if determined necessary by the Planning Director.

b.

The topsoil at the site is being preserved.

c.

The depth of material excavated does not exceed the minimum depth required to create a suitable soil zone for the intended crops/trees.

d.

A farm plan that includes such details as: the crops/trees to be grown at the site, irrigation plans, long term water availability for the intended crops/trees, and an implementation schedule.

8107-10 - Veterinary clinics.

Veterinary clinics shall be housed in a completely enclosed, soundproof building, except as provided in Section 8107-21 of this Chapter.

(Am. Ord. 3749—10/29/85; Am. Ord. 4092—6/27/95; Ord. No. 4639, § 6, 12-17-2024)

8107-11 - Filming activities.

All filming activities shall be conducted in keeping with the California Film Commission's "Filmmaker's Code of Professional Responsibility" and shall not result in damage to the filming location or to surrounding properties. Except for permanent facilities, all affected properties shall be restored to their original condition when such filming is completed.

8107-11.1 - Occasional filming activities, without waivers.

Filming activities shall be granted a Zoning Clearance, which will serve as a ministerial "Film Permit," provided that the activities, or any portions thereof, do not:

a.

Exceed a total of 60 days on any lot in any 180-day period.

b.

Occur between ten o'clock p.m. and seven o'clock a.m. unless they are on a designated "back lot," studio or sound stage.

c.

Cause traffic delays of more than three minutes on public or private roads.

d.

Result in noise levels exceeding that which is normal for the area and surrounding properties, or result in types of noise emanating from such sources as gunfire, explosions, aircraft, etc., which are not normal for the area in question, unless the nearest residence is located more than 2,000 feet from the noise source.

e.

Result in levels of light and glare exceeding that which is normal for the area.

f.

Result in levels of dust being generated that are likely to impact upon surrounding properties.

g.

Result in alterations of land via: grading more than 50 cubic yards; more than a half-acre of brush/vegetation removal; streambed alterations; off-road motor vehicle activity; and the like.

h.

Result in disturbances to significant flora, fauna, cultural, historical, or paleontological resources, other than those allowed by this Code.

i.

Exceed criteria established by zone or for a specific geographical region recognized and approved by the Ventura County Board of Supervisors.

(Add Ord. 3730—5/7/85; Am. Ord. 3810—5/5/87; Am. Ord. 4092—6/27/95; Am. Ord. 4123—9/17/96)

8107-11.2 - Occasional filming activities, with waivers 8107-11.2.1 - Filming activities which exceed any of the thresholds listed in Sec. 8107-11.1.a-f may be approved with a Zoning Clearance serving as a ministerial Film Permit when the applicant can provide signed waiver statements, in a form acceptable to the Planning Director, attesting to agreement with the activities from fifty percent plus one (50%+1) of the total of the following parties which may be affected by the activities:

a.

In areas designated Open Space, Rural, or Agriculture in the General Plan, residents in dwelling units on lots within 1,000 feet of the boundary of the permit area where the filming activities are taking place;

b.

In areas designated Open Space, Rural, or Agriculture in the General Plan, the caretakers or owners/keepers of animals which are housed within structures on lots within 1,000 feet of the boundary of the permit area where the filming activities are taking place;

c.

In areas designated Urban and Rural Community in the General Plan, dwelling units on lots within 300 feet of the boundary of the permit area where the filming activities are taking place;

d.

In all areas of the County, residents of lots to which access must be taken from private easements that also provide access to the lots upon which the filming activities are taking place.

8107-11.2.2 - Waivers shall be counted as follows:

a.

Only one per potentially affected dwelling unit shall be counted, regardless of the number of occupants of a dwelling unit, for instances a and c of Sec. 8107-11.2.1 above, and

b.

Only one per potentially affected lot shall be counted for instance b of Sec. 8107-11.2.1 above.

c.

In instances where more than one potentially affected lot is owned by the same individual, and that individual is the signatory of the waiver, only one waiver from that individual shall be counted.

d.

The names and addresses of the above listed parties within the required contact area, and the language of the waiver statement, shall be reviewed and approved by the Planning Division prior to the applicant's initiation of the waiver process. Verification that one hundred percent (100%) of the above listed parties have been contacted must be submitted to the Planning Division.

(Add Ord. 3730—5/7/85; Am. Ord. 3810—5/5/87; Am. Ord. 4092—6/27/95; Am. Ord. 4123—9/17/96)

8107-11.2.3 - Filming activities lasting less than 90 calendar days in any 180-day period and which exceed the thresholds listed in Sec. 8107-11.1.g and h may be approved with a Zoning Clearance, which will serve as a ministerial Film Permit, when the applicant can provide documentation confirming to the satisfaction of the Planning Director that the activity is being regulated by some other agency having authority over that issue. 8107-11.2.4 - Notification of residents and property owners beyond that which is required by Sec. 8107-11.2.1 may be required as determined by the Planning Director. 8107-11.3 - Discretionary permit.

Any occasional filming activity requests which exceed the thresholds set forth in Sec. 8107-11.1 and for which waivers cannot be obtained shall be subject to the permit requirements established under Article 5, unless the Planning Director determines that, based upon the characteristics of the filming activities, it can be seen with certainty that there is no possibility that the activities could have any impacts on surrounding land uses.

8107-11.4 - Authority.

The Planning Director, in reviewing a filming request, may require the applicant to demonstrate that factors beyond those listed in Sec. 8107-11.1, and under the purview of the Planning Division or another regulatory agency, have been adequately addressed. The Planning Director retains the right of site inspection at all times.

(Add Ord. 3730—5/7/85; Am. Ord. 3810—5/5/87; Am. Ord. 4092—6/27/95; Am. Ord. 4123—9/17/96)

8107-12 - Outdoor sales and services, temporary.

Such uses are permitted for one calendar day in any 90-day period, provided that they do not disrupt normal traffic flows and do not result in the blocking of public rights-of-way, parking area aisles or required parking spaces, except as allowed by permit. All related facilities and materials shall be removed on the departure of the use.

(Add Ord. 3730—5/7/85)

(Ord. No. 4407, § 5, 10-20-2009)

8107-13 - Christmas tree sales.

The outdoor sale of trees and wreaths for festive or ornamental purposes is permitted during the 45-day period immediately preceding December 25th. Such sales activities shall not disrupt normal traffic flows, nor result in the blocking of public rights-of-way, parking area aisles or required parking spaces, except as allowed by permit. All related structures, facilities and materials shall be removed by December 31st of the same year. Christmas tree sales are allowed one temporary, unlighted identification sign not exceeding twenty (20) square feet in area.

(Add Ord. 3730—5/7/85)

(Ord. No. 4407, § 5, 10-20-2009)

8107-14 - Temporary buildings during construction. 8107-14.1 - Temporary offices during construction.

Temporary structures acceptable to the Building and Safety Division may be used as temporary offices on a construction site, or on an adjoining lot if owned by the same developer or same property owner, in accordance with Article 5, provided that a building permit for such construction is in full force and effect on the same site, or if a land use permit or subdivision has been approved on the site and a Zoning Clearance for grading, construction, or use inauguration has been issued. The temporary office(s) shall be connected to a water supply and sewage disposal system approved by the Environmental Health Division. The temporary office(s) shall be removed from the site within forty-five (45) days after a Certificate of Occupancy for the permitted use is issued by the Building and Safety Division or, in the case of a phased residential or commercial project, upon completion of the approved development.

(Add Ord. 3730—5/7/85; Am. Ord. 4092—6/27/95; Am. Ord. 4123—9/17/96; Ord. No. 4639, § 6, 12-17-2024)

8107-14.2 - Temporary housing during construction.

A Zoning Clearance authorizing the use of a habitable recreational vehicle (RV), or an existing dwelling, as temporary housing during construction or major remodeling of a principal dwelling may be issued, subject to the following criteria and requirements:

a.

One habitable RV may be used for temporary housing by the owner of the subject legal lot, or by a caretaker/watchperson, for up to twelve (12) months during construction of a principal dwelling, or during major remodeling of a principal dwelling which precludes its use as a dwelling, provided that a building permit is in full force and effect authorizing said construction or major remodeling of the principal dwelling on the same lot or on an adjacent lot under common ownership. The continued use of the RV for up to two (2) additional 12-month periods is authorized provided that substantial progress toward completion of the construction or major remodeling of the principal dwelling is being made.

b.

The term "RV" as used in this Section 8107-14.2 means a motor home, travel trailer, truck camper, or camping trailer that is self- contained and habitable, and that is either self-propelled, truck-mounted, or permanently towable on California roadways without a permit under the Vehicle Code.

c.

To be deemed "habitable" as the term is used in this Section 8107-14.2, an RV shall meet all of the following criteria:

(1)

The RV shall contain sleeping, cooking, bathing and sanitary facilities;

(2)

The RV shall be connected to a permanent source of potable water;

(3)

Wastewater from the RV shall be disposed of by either an Environmental Health Division-approved on-site wastewater disposal system or a sewer line connection approved by the Building and Safety Division; and

(4)

The RV shall be connected to an approved electrical source. Acceptable electrical connections include the use of an existing permitted electrical source on the lot or a temporary power pole. Generators are not considered an approved electrical source.

d.

Prior to occupancy of the RV, all electrical and plumbing connections to the RV must be approved and inspected by the Building and Safety Division.

e.

Prior to the issuance of a Certificate of Occupancy by the Building and Safety Division for the principal dwelling under construction or major remodeling or when the Zoning Clearance authorizing use of the RV for temporary housing has expired, whichever occurs first, any such RV shall: (1) cease being used for temporary housing; (2) be disconnected from the utilities (e.g., water supply, electrical, and sewage disposal system); and (3) either be removed from the lot or properly stored on the lot in conformance with this Chapter.

f.

Where a property owner has obtained a building permit issued by the Building and Safety Division to construct a replacement principal dwelling, an existing permitted dwelling on the same lot may be used for temporary housing during the construction of the replacement dwelling, provided that prior to the issuance of a Certificate of Occupancy by the Building and Safety Division for the replacement dwelling either: (1) the existing dwelling will be removed or (2) a Zoning Clearance is obtained by the owner of the lot to authorize the conversion of the existing dwelling to another use in conformance with the requirements of this Chapter (e.g., farmworker dwelling unit, accessory dwelling unit, non-habitable structure). Building permits for the demolition of existing dwellings

and improvements necessary to convert an existing dwelling to another use must be finalized by the Building and Safety Division prior to occupancy of the replacement dwelling.

(Add Ord. 4092—6/27/95; Am. Ord. 4216—10/24/00; Ord. No. 4532, § 4, 10-30-2018; Ord. No. 4639, § 6, 12-17-2024)

8107-14.3 - Temporary housing prior to reconstruction.

A Zoning Clearance authorizing the use of a habitable recreational vehicle (RV) for temporary housing by the former resident(s) of each permitted dwelling involuntarily damaged or destroyed by natural disaster, as determined by the Planning Director, may be issued subject to all of the following criteria and requirements:

a.

The RV(s) shall be located on a legal lot. One (1) RV per dwelling lost on the lot may be allowed for temporary housing, except as set forth in subsection (b) below. In the event more than one (1) RV is authorized on a lot, including other RVs authorized under this Chapter, no more than one (1) RV shall be rented, leased, or held out for lease on the lot as set forth in Section 18862.39 of the Health and Safety Code.

b.

The RV(s) shall be located on the same lot of the dwelling(s) that was involuntarily damaged or destroyed by natural disaster. Notwithstanding the foregoing, an RV occupied by a resident(s) who lost a dwelling(s) in a local, state, or federal-declared disaster may be located on a different lot in the unincorporated Ventura County if authorized in writing by the owner of the lot where the RV is located and provided all other applicable requirements of this Chapter are met. In this situation, only one (1) RV is allowed per lot;

c.

The dwelling(s) to be reconstructed were legally established and inhabited at the time they were damaged or destroyed;

d.

The RV(s) shall be a motor home, travel trailer, truck camper, or camping trailer, that is self-contained and habitable, and that is either self-propelled, truck-mounted, or permanently towable on roadways without a permit under the Vehicle Code;

e.

The RV(s) shall be "habitable" as the term is used in this Section 8107-14.3 by meeting all of the following criteria:

(1)

The RV(s) shall contain sleeping, cooking, bathing and sanitary facilities;

(2)

The RV(s) shall either contain an adequate source of potable water for sanitation purposes through an internal tank, or be connected to a permanent source of potable water;

(3)

Composting toilets are not allowed. The wastewater of the RV(s) shall be disposed of by one (1) of the following means:

i.

Through a connection to an existing septic system;

ii.

Through a connection to an existing sewer connection; or

iii.

With a wastewater tank that is located within or outside the RV, provided that such tank is regularly serviced, for the duration of the RV's use as temporary housing, by a wastewater disposal provider permitted by the Environmental Health Division. The resident of the

RV shall provide proof of such regular wastewater disposal service, in the form of a contract or receipts, to the Planning Division or Environmental Health Division upon request; and

(4)

The RV(s) shall be connected to an approved electrical source. Acceptable electrical connections include the use of an existing electrical source on the lot or a temporary power pole. Generators are not considered an approved electrical source;

f.

After the issuance of a Zoning Clearance authorizing use of the RV(s) as temporary housing under this Section 8107-14.3, all electrical and plumbing connections to the RV(s) must be approved and inspected by the Building and Safety Division prior to occupancy of the RV(s);

g.

Length of Time Allowed to Occupy an RV for Temporary Housing:

(1)

A Zoning Clearance to authorize the use of an RV(s) as temporary housing under this Section 8107-14.3 must be obtained within twelve (12) months of the lot being cleared of disaster debris upon approval by the Environmental Health Division. The resident(s) who lost a dwelling(s) may reside in an RV(s) as temporary housing for up to twelve (12) months on the lot.

(2)

Notwithstanding Section 8107-14.3(g)(1) above, an RV(s) occupied by the resident(s) who lost a dwelling(s) in a local, state, or federal- declared disaster as of December 5, 2017, may be used for temporary housing under this Section 8107-14.3 for an initial term of up to eighteen (18) months. Upon written request of the property owner, the original resident(s) who lost a dwelling(s) may thereafter use the RV(s) for a subsequent term of up to forty-two (42) months for good cause shown, as determined by the Planning Director, provided that: (1) the RV(s) is connected to a permanent supply of potable water (e.g., well, public water purveyor); and (2) the RV(s) continues to comply with the wastewater disposal requirements of Section 8107-14.3(e)(3) above. Upon written request of the property owner, the original resident(s) who lost a dwelling(s) may continue to use the RV(s) for a second term of up to five (5) years provided that the same criteria for the first five-year term is met. Upon written request of the property owner, the original resident(s) who lost a dwelling(s) may continue to use the RV(s) for a third term of up to five (5) years (not to exceed a total of fifteen (15) years from the date of the property being cleared of disaster debris as approved by the Environmental Health Division) provided that the criteria above, for the first and second five-year terms are met and a complete building permit application has been submitted to the Building and Safety Division for the reconstruction of the replacement dwelling.

h.

The use of the RV(s) for temporary housing under this Section 8107-14.3 shall cease after issuance of the building permit for the replacement dwelling(s), at which time the property owner may obtain a Zoning Clearance authorizing the continued use of the same RV(s) for temporary housing pursuant to Section 8107-14.2 above. If the property owner does not obtain a Zoning Clearance authorizing continued use of the same RV as temporary housing pursuant to Section 8107-14.2 above within forty-five (45) days of issuance of a building permit for the replacement dwelling(s), or does not obtain a building permit for the replacement dwelling(s) before the applicable deadline set forth in subsection (g) above, the RV(s) shall: (1) cease being used for temporary housing; (2) be disconnected from the utilities (e.g., water supply, electrical, and sewage disposal system); and (3) either be removed from the lot or properly stored on the lot in conformance with this Chapter.

(Add Int. Urg. Ord. 4044—11/2/93; Extended Int. Urg. Ord. 4050—12/4/93; Am. Ord. 4092—6/27/95; Ord. No. 4532, § 5, 10-30-2018; Ord. No. 4639, § 6, 12-17-2024)

8107-15 - Storage of building materials, temporary.

The temporary storage of building and construction materials is permitted on a lot adjacent to one on which an effective and operative Zoning Clearance and building permit have been issued to allow such construction, or on a project site within a recorded subdivision. Such storage is permitted during construction and for forty-five (45) days thereafter.

(Add Ord. 3730—5/7/85; Ord. No. 4639, § 6, 12-17-2024)

8107-16 - Campgrounds.

Campgrounds shall be developed in accordance with the following standards:

8107-16.1 - Minimum lot area shall be three acres. 8107-16.2 - At least 75 percent of the total site shall be left in its natural state or be landscaped. The remaining 25 per cent land is eligible for development.

(Am. Ord. 3881—12/20/88)

8107-16.3 - Each individual camp site shall be no less than 1,000 sq. ft. and there shall be no more than 9 sites per developable acre. Group camp sites shall be designed to accommodate no more than 25 people per acre.

(Am. Ord. 3881—12/20/88)

8107-16.4 - Where needed to enhance aesthetics or to ensure public safety, a fence, wall, landscaping screen, earth mound or other screening approved by the Planning Director shall enclose the campground.

(Am. Ord. 3881—12/20/88)

8107-16.5 - Utility conduits shall be installed underground in conformance with applicable State and local regulations. 8107-16.6 - The design of structures and facilities, and the site as a whole shall be in harmony with the natural surroundings to the maximum feasible extent.

(Am. Ord. 3881—12/20/88)

8107-16.7 - Trash collection areas shall be adequately distributed and enclosed by a six-foot-high landscape screen, solid wall or fence, which is accessible on one side. 8107-16.8 - Off-road motor vehicle uses are not permitted. 8107-16.9 - The following standards apply to structures on the site, apart from the personal residence(s) of the property owner, campground director/manager, or caretaker:

(Am. Ord. 3881—12/20/88)

8107-16.9.1 - Structures are limited to restrooms/showers and a clubhouse for cooking and/or minor recreational purposes.

(Am. Ord. 3881—12/20/88)

8107-16.9.2 - There shall not be more than one set of enclosed, kitchen-related fixtures. 8107-6.9.3 - There shall be no buildings that are used or intended to be used for sleeping.

(Add Ord. 3810—5/5/87)

8107-16.10 - Campgrounds may include minor accessory recreational uses such as swimming pools (limit one) and tennis courts.

(Add Ord. 3810—5/5/87; Am. Ord. 3881—12/20/88)

8107-16.11 - Outdoor tent-camping is permitted.

(Add Ord. 3730—5/7/85; Am. Ord. 3810—5/5/87; Am. Ord. 3881—12/20/88)

8107-16.12 - No hook-ups for recreational vehicles are allowed.

(Add Ord. 3881—12/20/88)

8107-16.13 - Occupation of the site by a guest shall not exceed 30 consecutive days.

(Add Ord. 3881—12/20/88)

8107-16.14 - Parking standards.

See Article 8.

(Add Ord. 3881—12/20/88)

(Ord. No. 4407, § 5, 10-20-2009)

8107-17 - Camps.

Camps shall be developed and operated in accordance with the following standards:

8107-17.0 - Protection of Sensitive Biological Habitats.

Camps shall be allowed on property zoned Open Space (O-S) only if the property is in agricultural production.

(Add Ord. 4317—3/15/05)

8107-17.1 - Minimum lot area shall be ten acres on property zoned Rural Agriculture (R-A) and Rural Exclusive (R-E). Minimum lot area shall be fifty (50) acres on property zoned Open Space (O-S).

(Am. Ord. 4317—3/15/05)

8107-17.2 - Overnight population of guests and staff shall be limited by the following calculations. These standards shall apply to staff employed for camp activities. Where an employee is engaged in both camp and working ranch activities, the employee's time shall be counted as 0.5 staff for calculating the staff limitation for camps. If an employee is not engaged in camp activities, none of the employee's time shall be applied to the staff limitation for camps.

(Am. Ord. 4317—3/15/05)

8107-17.2.1 - Camps on property zoned Rural Agricultural (R-A)—lot size in acres × 2.56 = the maximum number of persons to be accommodated overnight.

(Am. Ord. 4317—3/15/05)

8107-17.2.2 - Camps on property zoned Rural Exclusive (R-E)—lot size in acres × 10.24 = the maximum number of persons to be accommodated overnight.

(Am. Ord. 4317—3/15/05)

8107-17.2.3 - Camps on property zoned Open Space (O-S)—lot size in acres × 0.25 = the maximum number of persons to be accommodated overnight. There shall be a maximum overnight population limit of two hundred and fifty (250) guests and staff.

(Add Ord. 4317—3/15/05)

8107-17.3 - Total daily on-site population of guests and staff shall be limited by the following calculations: 8107-17.3.1 - Camps zoned Rural Agricultural (R-A)—5.12 × lot size in gross acres = total population allowed on site.

(Am. Ord. 4317—3/15/05)

8107-17.3.2 - Camps zoned Rural Exclusive (R-E)—20.48 × lot size in gross acres = total population allowed on site.

(Am. Ord. 4317—3/15/05)

8107-17.3.3 - Camps zoned Open Space (O-S)—0.5 × lot size in gross acres = total population allowed on site. There shall be a maximum daily population limit of five hundred (500) guests and staff, except as permitted in Section 8107-17.3.4 of this chapter.

(Add Ord. 4317—3/15/05)

8107-17.3.4 - A larger total daily population may be allowed for special events, the frequency to be determined by the camp's use permit.

(Am. Ord. 4317—3/15/05)

8107-17.4 - Building intensity shall be limited by the following standards. These standards shall apply to structures used for camp activities. Where a structure is used for both camp and working ranch activities, one-half of that structure shall be applied to the square footage limitation for camps. If a structure is not used for camp activities, it shall not be considered in the square footage limitations for camps.

(Am. Ord. 4317—3/15/05)

8107-17.4.1 - Overnight accommodations.

Structures or portions of structures intended for sleeping and restrooms/showers (excepting those for permanent staff as defined in Section 8107-17.4.3 of this chapter) shall be limited to a collective average of 200 square feet per overnight guest and staff allowed per Section 8107-17.2 of this chapter (Overnight Population).

(Am. Ord. 4317—3/15/05)

8107-17.4.2 - All other roofed structures or buildings.

The total allowed square footage of all roofed structures or buildings other than sleeping and restroom/shower facilities shall be limited to one hundred (100) square feet per person allowed per Section 8107-17.3 of this chapter (Daily On-Site Population).

(Am. Ord. 4317—3/15/05)

8107-17.4.3 - The residence(s) of a limited number of permanent staff such as the director, manager or caretaker are exempt from the limitations of Section 8107-17.4.1 of this chapter (Overnight Accommodations).

(Am. Ord. 4317—3/15/05)

8107-17.4.4 - Since the two building intensity standards (Overnight and Total Daily) address distinctly different facilities, they shall not be interchangeable or subject to borrowing or substitutions.

(Am. Ord. 4317—3/15/05)

8107-17.4.5 - For camps/guest ranches located in the Open Space (O-S) zone, no single structure shall exceed twenty-five thousand (25,000) square feet in area, and the total area of all structures used for camp/guest ranch purposes shall be limited to fifty thousand (50,000) square feet.

(Add Ord. 4317—3/15/05)

8107-17.5 - Camp facilities shall have adequate sewage disposal and domestic water.

(Am. Ord. 4317—3/15/05)

8107-17.6 - Camp facility lighting shall be designed so as to not produce a significant amount of light and/or glare at the first offsite receptive use.

(Am. Ord. 4317—3/15/05)

8107-17.7 - Camp facilities shall be developed in accordance with applicable County standards so as to not produce a significant amount of noise.

(Am. Ord. 4317—3/15/05)

8107-17.8 - Occupation of the site by a guest shall not exceed thirty (30) consecutive days.

(Am. Ord. 4317—3/15/05)

8107-17.9 - To ensure that the site remains an integral and cohesive unit, specific methods such as the following should be employed on a case-by-case basis: open space easements; CC&R's that restrict further use of the land, with the County as a third party; low density zoning to prevent subdivision of the site; and/or merger of parcels to create one parcel covering the entire site.

(Am. Ord. 4123—9/17/96—grammar; Am. Ord. 4317—3/15/05)

8107-17.10 - To avoid the loss of the site's natural characteristics several methods should be employed on a case-by-case basis to preserve these values: sixty percent (60%) of the total site should remain in its natural state or be in agriculture.

(Am. Ord. 4317—3/15/05)

8107-17.11 - Parking standards.

See Article 8.

(Add Ord. 3881—12/20/88; Am. Ord. 4317—3/15/05)

(Ord. No. 4407, § 5, 10-20-2009)

8107-17.12 - The camp facility project description shall address transportation to and from and within the project site, including the types of vehicles, and road and trail locations.

(Add Ord. 4317—3/15/05)

8107-18 - Retreats. 8107-18.1 - The minimum lot size for a retreat is five (5) acres. 8107-18.2 - A retreat shall not have sleeping accommodations for more than 20 people, inclusive of staff and guests. 8107-18.3 - Retreat guests shall be limited to a stay of no more than a total of 60 days in a calendar year.

(Add Ord. 4092—6/27/95)

8107-18.4 - Floor area shall be limited to the following:

a.

Maximum 200 square feet for each overnight guest, for sleeping and restroom facilities.

b.

Maximum 2,000 square feet for all other buildings (other than structures for animals), such as kitchen and dining areas, conference rooms, storage, and the like.

8107-18.5 - No retreat structures shall exceed a height of twenty-five (25) feet, unless authorized by the use permit.

(Am. Ord. 4216—10/24/00)

8107-18.6 - A retreat may include minor accessory recreational facilities such as horse facilities, equestrian trails, hot tubs, one swimming pool, and one tennis court. 8107-18.7 - Structures related to a retreat shall be set back at least 100 feet from public roads. Foliage and natural topography shall be used to the maximum feasible extent for screening of retreat structures from public rights-of-way and from residential uses on adjacent properties. 8107-18.8 - Lighting for nighttime activities shall be directed away from adjacent properties.

(Add Ord. 3810—5/5/87; Rep. as 8107-21 and Reen. as 8107-18—Ord. 3881—12/20/88; Am. Ord. 4092—6/27/95)

8107-19 - Golf courses.

A golf course may include accessory structures as needed for maintenance and for players on a day of golfing, including a maintenance building, a pro shop, restrooms, and limited eating facilities.

(Add Ord. 3810—5/5/87)

8107-20 - Agricultural buildings. 8107-20.1 - Calculating GFA for agricultural buildings.

The gross floor area (GFA) for agricultural buildings (principal and accessory) shall be calculated separately for each category of uses identified in the Zoning Matrix. For example, the allowed GFA for green houses is independent of the GFA allowed for agricultural sales facilities.

(Add Ord. 4092—6/27/95)

8107-20.2 - Agricultural shade/mist structures.

Said structures shall meet the requirements of the Fire Code, Building Code, and the regulations administered by the Public Works Agency, some of which may be more restrictive than those listed below. Prior to the issuance of a Zoning Clearance, the following standards and requirements shall be met:

a.

There shall be no permanent floor materials.

b.

Permanent walkways within a structure shall not exceed 10% of the structure's GFA.

c.

All cover materials shall be of flexible fabric or membrane and not solid rigid materials such as glass, fiberglass, plastic or metal.

d.

The structure's foundations and supporting members shall be designed and constructed so as to be easily removed.

e.

There shall be no heating, cooling, or lighting systems in the structures or utilities to the structures except water or electricity for irrigation timers.

f.

No structure shall exceed 15 feet above grade at its highest point.

g.

The structures shall be set back at least 20 feet from all property lines as determined by the Planning Director.

h.

Each structure shall be separated from an adjoining structure by at least 6 feet.

i.

Documentation, satisfactory to the Planning Director, shall be submitted from the Fire and Building and Safety Departments, and from the Public Works Agency, indicating 1) that the project, as proposed, is capable of meeting the requirements of the respective departments; and 2) whether a specific permit(s) will be required by said department.

(Add Ord. 3810—5/5/89; Am. Ord. 4092—6/27/95; Am. Ord. 4123—9/17/96)

8107-20.3 - Agricultural offices.

Such offices are allowed in the O-S, A-E and R-A zones, as uses accessory to an agricultural operation, without provisions for human habitation, provided the following requirements are met:

8107-20.3.1 - An agricultural office up to 700 square feet in gross floor area that is located on the same lot as the principal agricultural use, or on an adjacent lot under the same ownership, and that meets one or more of the following criteria, is permitted by Zoning Clearance:

a.

The property is covered by a Land Conservation Act contract;

b.

The lot size is 100 acres or greater;

c.

The County Agricultural Commissioner has certified in writing that the applicant is conducting a bona fide commercial agricultural operation on or from the lot on which the agricultural office is requested.

8107-20.3.2 - Agricultural offices not meeting the above criteria (a, b or c) may be permitted pursuant to a Planning Director-approved Conditional Use Permit. 8107-20.3.3 - The gross floor area of the agricultural office shall be counted toward the cumulative gross floor area permitted for accessory structures on the lot, pursuant to Sec.8105-4.

(Add Ord. 4123—9/17/96)

8107-21 - Temporary pet vaccination clinics.

Temporary pet vaccination clinics, as provided for in Sec. 8105-5, are subject to the following regulations:

8107-21.1 - Any such clinic shall operate no more than one day in any 90-day period within a one-mile radius of a previously conducted temporary clinic. 8107-21.2 - Such clinics shall provide preventive medical care only, and shall not diagnose or treat injured, sick or diseased animals, except to the extent necessary to provide immunization or vaccination. 8107-21.3 - All vaccinations shall be performed inside a trailer or other portable structure. 8107-21.4 - Such clinics shall provide their services only during daylight hours. 8107-21.5 - Such clinics shall not disrupt normal traffic flows, and shall not result in the blocking of public rights-of-way or parking area aisles, except as allowed by permit. All related materials and facilities shall be removed on the departure of the clinic.

(Ord. No. 4407, § 5, 10-20-2009)

8107-21.6 - Facilities for the treatment and disposal of urine and fecal wastes attributable to the clinic shall be provided and utilized as necessary to keep the clinic and areas within a 100-foot radius thereof clean and free of flies and odors. 8107-21.7 - Sufficient staff, other than those administering vaccinations, shall be available at the expense of the clinic operator to control crowds, assist with the handling of animals and keep the area clean. At least two such staff shall be provided in all cases.

(Add Ord. 3749—10/29/85; Rep. as 8107-17 and Reen. as 8107-21—Ord. 3881—12/20/88)

8107-22 - Stockpiling of construction related debris and/or fill material for non-agricultural operations. 8107-22.1 - Purpose.

The purpose of this section is to establish reasonable and uniform limitations, safeguards and controls for the depositing and stockpiling of construction related debris and/or fill material onto land for temporary storage.

8107-22.2 - Application.

The purpose, intent and provisions of Section 8107-22 et seq. shall be and are hereby automatically imposed and made part of any land use permit issued by the County of Ventura for the stockpiling of construction related debris and/or fill material. This section does not apply to on-site earth moving activities that are an integral and necessary part of an on-site construction project where all required permits have been approved by a public agency in accordance with applicable state law and local adopted plans and ordinances, where such permits have authorized stockpiling.

8107-22.3 - Required permits.

No operation for stockpiling of construction related debris and/or fill material may commence without the approval of the appropriate land use permit as required by this Chapter. The issuance of a land use permit shall not relieve the permittee of the responsibility of securing and complying with any other permit which may be required by other County Ordinances, or State or Federal laws. No condition of a land use permit for uses allowed by this Chapter shall be interpreted as permitting or requiring any violation of law, or any lawful rules or regulations or orders of an authorized governmental agency. In instances where more than one set of rules applies, the stricter one shall take precedence.

8107-22.4 - Standards for stockpiling construction related debris and/or fill material.

No permit for stockpiling of construction related debris and/or fill material shall be approved unless the following applicable standards have been complied with.

8107-22.4.1 - Signed waivers.

The permittee shall provide to the Planning Division signed waivers, on forms provided by the County, from the applicable property owners/residents, as determined by the Planning Director, pursuant to Sec. 8111-1.1.2.

8107-22.4.2 - Contact person.

The permittee shall provide the Planning Director with the current name(s) and/or position title, address and phone number of the person who shall receive all orders, notices and communications regarding matters of code compliance. Such person(s) shall be available by phone during the hours the activities occur on the permit site.

8107-22.4.3 - Site maintenance.

The permitted area shall be maintained in a neat and orderly manner so as not to create any hazardous condition or unsightly conditions which are visible from outside the permitted stockpile area.

8107-22.4.4 - Storage of equipment and vehicles.

Only equipment and vehicles necessary for the immediate operation of the permitted stockpile operation may be stored on-site.

8107-22.4.5 - Debris control.

The permittee shall take all necessary measures to prevent the depositing of construction related debris and/or fill material on thoroughfares in accordance with the following requirements:

a.

The permittee shall keep all public roadways utilized by this stockpiling operations and access roads to the site clear of dirt, sand, gravel, rocks and other debris associated with his/her operation.

b.

All trucks leaving the site must be constructed, covered, or loaded to prevent any of its contents from dropping, sifting, leaking, blowing, spilling, or otherwise escaping from the vehicle onto a private or public roadway.

8107-22.4.6 - Erosion control.

All stockpiles of construction materials shall be managed as necessary to prevent water and wind erosion. Sedimentation due to water erosion occurring outside the permitted stockpile area shall not occur.

8107-22.4.7 - Prevention of fugitive dust.

There shall be no fugitive dust leaving the stockpile site. Fugitive dust shall be controlled in accordance with the following:

a.

All dust generating activities shall cease when wind speeds exceed 25 mph average over one hour or during high wind events. High wind events are defined as wind of such velocity as to cause fugitive dust from the permit area to blow off-site.

b.

Fugitive dust throughout the site shall be controlled by the use of a watering truck. Water shall be applied to all stockpiles, onsite roads and access roads, which have not been otherwise treated to prevent fugitive dust.

c.

If it is observed at any point in time that fugitive dust is blowing off-site or off access roads, and additional watering activities are insufficient to prevent fugitive dust, dust generating activities shall be immediately curtailed until the conditions abate.

8107-22.4.8 - Stability of stockpile.

Stockpiles shall be placed and managed so as to prevent any material from shifting or sliding onto adjoining property.

8107-22.4.9 - Height of stockpile.

Stockpile shall be limited to a height of thirty (30) feet.

8107-22.4.10 - Hours of operation.

Hauling to and from the site shall be limited to six days per week, excluding Sundays, and shall occur only between the hours of 9:00 a.m. to 3:00 p.m.

8107-22.4.11 - Noise standards.

Operations are subject to all noise standards as specified by Section 8107-9.6.22.

8107-22.4.12 - Environmentally sensitive areas.

Material shall not be stockpiled on or hauled through or within 100 feet of areas such as wetlands, riparian habitat or other environmentally sensitive areas as determined by the Planning Director.

8107-22.4.13 - Site restoration.

Within 90-days of revocation, expiration or surrender of any permit, or abandonment of the use, the permittee shall restore the premises to its original condition as determined by the Planning Director.

(Rep. & Reen. Ord. 4216—10/24/00)

8107-23 - Nonmotorized wheeled conveyance facilities and uses. 8107-23.1 - Purpose.

The purpose of this Section is to establish reasonable and uniform limitations, safeguards, and controls for the design, placement, and use of facilities and structures (hereinafter referred to as "facilities") for the nonmotorized wheeled conveyances such as, but not limited to: skateboards, bicycles, unicycles, tricycles and rollerskates. Such regulations are established to minimize the impact on neighboring uses such as, but not limited to: unsightly structures, noise, loss of privacy, traffic congestion, trespassing, and risk of damage or injury from flying projectiles and debris.

to as "facilities") for the nonmotorized wheeled conveyances such as, but not limited to: skateboards, bicycles, unicycles, tricycles and rollerskates. Such regulations are established to minimize the impact on neighboring uses such as, but not limited to: unsightly structures, noise, loss of privacy, traffic congestion, trespassing, and risk of damage or injury from flying projectiles and debris.

8107-23.2 - Application. 8107-23.2.1 - Facilities less than 42 inches in height above adjacent finished grade level, which cover less than 32 square feet of aggregate ground area, and do not have a platform on which to stand, are exempt from the requirements of Sections 8107-23 through 8107-23.10. Such exempt facilities must otherwise meet the provisions of the Zoning Ordinance. 8107-23.2.2 - Those facilities not exempt may be permitted upon issuance of a Zoning Clearance provided all standards of this chapter are met. 8107-23.2.3 - Facilities that exceed the standards set forth in Sections 8107-23.3 through 8107-23.7 may be authorized by a Conditional Use Permit approved by the Planning Director. 8107-23.3 - Size.

No point on a facility shall extend more than 8 feet above adjacent finished grade level and no facility or collection of facilities on a given lot shall cover more than 400 square feet of aggregate ground area.

(Add Ord. 3895—4/25/89)

8107-23.4 - Setbacks.

All facilities shall be set back the following distances from all other structures and property lines:

8107-23.4.1 - All facilities shall be set back a minimum of 6 feet from all other structures. 8107-23.4.2 - All facilities shall be set back a minimum of 20 feet from all property lines with an additional 5 feet of setback required for each 1 foot increase of height over 6 feet above adjacent finished grade level. 8107-23.4.3 - Facilities shall not be located in the area between the public or private right of way and the front of the residence on the site, unless the facility is not visible from the public or private right of way or neighboring dwellings and otherwise conforms to the applicable setback requirements. 8107-23.5 - Construction standards.

All facilities shall be constructed so as to minimize visual and auditory impacts.

8107-23.5.1 - The sides of all facilities that are above ground shall be enclosed with a solid material, such as plywood. 8107-23.5.2 - Spaces between finished grade and the lower, horizontal surfaces of the facility shall be filled with earth or other suitable solid material.

8107-23.5.3 - The backs of all surfaces not affected by Section 8107-23.5.2 shall be padded with sound absorbing material such as carpeting. 8107-23.5.4 - Facilities may be painted, stained, or left in their natural finish. Posters, banners, handbills, bumper stickers, or advertising materials of any kind shall not be affixed to the facility, if visible from neighboring properties. 8107-23.6 - Number of persons.

The number of persons using a facility or collection of facilities at a given site shall not include more than six individuals who are not residents at the site where the facility is located.

8107-23.7 - Hours of operation.

The use of facilities shall be limited to daylight hours between 9:00 a.m. and 7:00 p.m., Monday through Saturday.

8107-23.8 - Maintenance.

Facilities shall be maintained in a neat, safe, and orderly manner.

8107-23.9 - Removal.

Facilities shall be removed within 90 days when no longer used, or capable of being safely used, for their intended purpose.

8107-23.10 - Hold harmless.

The permittee shall provide the County with a hold harmless agreement, acceptable to the County, prior to the issuance of a Zoning Clearance, which provides, in substance, that: The permittee agrees to hold the County harmless, indemnify, and defend the County for any loss or damage to property, or injury or loss of life arising out of the use authorized by this Zoning Clearance.

8107-23.11 - Compensation.

The use of the facility shall be without monetary compensation to any of the parties involved, nor operated in any way as a commercial enterprise.

(Add Ord. 3895—4/25/89)

8107-24 - Caretaker recreational vehicle, accessory.

In a park or recreation area owned or operated by the County of Ventura, the owner(s) of a recreational vehicle which is licensed and equipped for highway travel may reside in the recreational vehicle for up to six months in any twelve-month period, in accordance with an approved Park Host program. Sewage disposal shall be provided by means of a system approved by the Environmental Health Division.

(Add Ord. 3810—5/5/87; Rep. as 8107-18 and Reen. as 8107-24—Ord. 3881—12/20/88)

8107-25 - Tree protection regulations.

(All Sec. 8107-25 and Subsections added by Ord. 3993—2/25/92)

8107-25.1 - Purpose.

Ventura County recognizes that trees contribute significantly to the County's unique aesthetic, biological, cultural, and historical environment as well as its air quality. It is the County's specific intent through the regulations that follow, to encourage the responsible management of these resources by employing public education and recognized conservation techniques to achieve an optimal cover of healthy trees of diverse ages and species while practically reconciling conflicting demands for alternative uses.

8107-25.2 - Definitions.

For purposes of Sec. 8107-25 et seq., the following definitions shall apply:

Alter—To prune, cut, trim, poison, over-water, or otherwise damage or invade the protected zone of a tree or to cause such alterations. Invasion of the protected zone shall include such activities as trenching, digging, placement of heavy equipment, vehicles, or materials within the protected zone.

(Am. Ord. 4092—6/27/95)

Certification—Written documentation signed by an appropriate expert (as determined by the Planning Director), which states in a manner consistent with this ordinance, his/her opinion that there is no reasonable and appropriate alternative to altering or removing a given tree.

(Am. Ord. 4092—6/27/95)

Commercial Agriculture—A for-profit farming enterprise consisting of tree and crop production for feed, food, fiber, fuel, shelter, and ornament, and including floriculture, horticulture, aquaculture, or animal husbandry established and conducted in a manner consistent with proper and accepted customs and standards as established and followed by similar agricultural operations in the County.

Deadwooding—Removal of broken, diseased, dying, and dead plant material.

(Add Ord. 4092—6/27/95)

Dripline—The area created by extending a vertical line from the outermost portion of the limb canopy to the ground.

Emergency—A situation in which a tree or its limbs are determined to pose an imminent threat to public safety, property or to the health of a protected tree.

(Am. Ord. 4092—6/27/95)

Farm Plan—A plan for new commercial agriculture in text and map form which outlines, among other things, proposed compliance with grading regulations such as the Hillside Erosion Control Ordinance, irrigation, crop types and locations, and phasing of implementation. The plan should also include any bids for contract services such as surveying, engineering, land preparation, and planting.

Fell—To cut, push, or pull down, or otherwise topple a tree.

(Add Ord. 4092—6/27/95)

Forest Resource Management Plan—A long-term forest and land management plan and guidelines in text and map form which outlines among other things, compliance with the Tree Protection Regulations, improvement project plans, tree harvesting on a sustaining yield basis, and phasing of implementation. The plan shall also include plans for the conservation of soil, vegetation, water, and fish and wildlife habitat and other factors as necessary.

(Am. Ord. 4092—6/27/95)

Girth—The circumference in inches of a tree's trunk, limb, or root. The girth of a trunk is measured at a mid-point four and one-half feet between the uphill and downhill side of the root crown. Where an elevated root crown is encountered which enlarges the trunk at four and one-half feet above grade, the trunk shall be measured above the crown swell where the normal trunk resumes. Girth of limbs shall be measured just beyond the swell of the branch where the limb attaches to the main trunk or their supporting limbs.

(Am. Ord. 4092—6/27/95)

Heritage Tree—Any species of tree with a single trunk of ninety (90) or more inches in girth or with multiple trunks, two of which collectively measure seventy-two (72) inches in girth or more. In addition, species with naturally thin trunks when full grown (such as Washington Palms), species with naturally large trunks at an early age (such as some date palms), or trees with unnaturally enlarged trunks due to injury or disease (e.g., burls and galls) must be at least sixty (60) feet tall or seventy-five (75) years old to be considered as a heritage tree.

Historical Tree—Any tree or group of trees identified by the County or a city as a landmark, or identified on the Federal or California Historic Resources Inventory to be of historical or cultural significance, or identified as contributing to a site or structure of historical or cultural significance.

Introduced Protected Trees—Trees which appear on Table 1 "PROTECTED TREES" but which have been planted by man for purposes of affecting the environment, architecture, climate or aesthetics of a given place and are, therefore, considered landscape features.

ISA Standards—Pruning standards promulgated by the International Society of Arboriculture.

Multiple Trunk Tree—A tree which has two or more trunks forking below four and one-half feet above the uphill side of the root crown.

Native Trees—Any trees indigenous to Ventura County not planted for commercial agriculture.

Necessary Agricultural Operations—Those activities which are performed solely for the benefit of commercial agriculture. Excluded from this definition are activities such as clearing land for future subdivision, development of nonagricultural uses, and harvesting of native trees or their limbs for various commercial purposes.

Offsets—Methods of mitigation and/or replacement for the alteration, felling, or removal of a protected tree.

Protected Trees—Any trees from among the species or any heritage or historical tree listed in Table 1 (following definitions) with one or more differentiated trunks which meets the dimensional standards therein and which is situated on land with the applicable zoning shown on Table 1.

Protected Zone—The surface and subsurface area within the dripline and extending a minimum of five feet outside the dripline, or fifteen (15) feet from the trunk of a tree, whichever is greater.

Pruning—Removal of all, or portions, of a tree's shoots, branches, limbs or roots.

Qualified Tree Consultant—An individual who, through a combination of education, training, licenses and certificates for professional proficiency, and work experience can demonstrate to the satisfaction of the Planning Director he or she possesses the necessary skills and abilities to provide competent advice as called for by various provisions of the Tree Protection Regulations.

Qualified Tree Trimmer—An individual who has, to the satisfaction of the Planning Director, certified that he has read and understands the Tree Protection Ordinance, Tree Protection Guidelines, ISA Pruning Standards, is licensed to conduct business in Ventura County and has other applicable land use permits to conduct said business.

Remove—To transplant a protected tree or carry away a fallen protected tree or its limbs.

Root Crown—The area of a tree where the trunk(s) meet the roots, sometimes called the collar of the tree.

Root System—Unless otherwise demonstrated to the satisfaction of the Planning Director with a field investigation conducted by a certified arborist, the root system is the underground portion of a tree, as defined by inscribing a circle around the trunk of the tree using a radius equal to the farthest reach of the dripline plus five feet. The minimal radius to be used is fifteen (15) feet.

Timber Growing and Harvesting—An activity which may or may not be part of an agricultural operation which involves the cutting of trees for forest product or firewood purposes. Such trees can be planted or of a natural growth, standing or down, on privately or publicly owned land, including Christmas trees but excluding nursery stock.

Tree Row—A row of trees planted and presently used for the purpose of providing a shelter from wind for commercial agriculture; also known as a windbreak, or windrow.

TABLE 1 PROTECTED TREES

  Common Name/           Girth Standard          Applicable Zones

Botanical Name Genus species (Circumference) All Base Zones SRP 1

           Alder                    9.5 in.                       X
     Alnus all species

         Ash                     9.5 in.                       X
     Fraxinus dipetala

        Bay                     9.5 in.                       X
  Umbellularia californica

     Cottonwood                 9.5 in.                       X
   Populus all species

        Elderberry                  9.5 in.                       X
 Sambucus all species

   Big Cone Douglas Fir            9.5 in.                       X
Pseudotsuga macrocarpa

White Fir 9.5 in. X Abies concolor

         Juniper                   9.5 in.                       X
   Juniperus californica

        Maple                    9.5 in.                       X
   Acer macrophyllum

     Oak (Single)                 9.5 in.          X            X
   Quercus all species

     Oak (Multi)                6.25 in.          X            X
   Quercus all species

          Pine                     9.5 in.                       X
     Pinus all species

      Sycamore                  9.5 in.          X            X
   Platanus all species

         Walnut                   9.5 in.                       X
    Juglans californica

       Historical Tree              (any size)         X            X
       (any species)

      Heritage Tree 2              90.0 in.          X            X
       (any species)

X Indicates the zones in which the subject trees are considered protected trees. 1 SRP—Scenic Resource Protection Overlay Zone. 2 See Definition above.

(Am. Ord. 4092—6/27/95; Am. Ord. 4390—9/9/08)

8107-25.3 - General requirements.

No person shall alter, fell, or remove a Protected Tree except in accordance with the provisions of Section 8107-25 et seq. If tree alteration, felling, or removal is part of a project requiring a discretionary permit, then the tree permit application and approval process should accompany the parent project discretionary permit.

If a person applies to alter, fell, or remove a Protected Tree located in an area subject to an area plan or project related conditions (e.g., subdivisions and conditional use permits) which include requirements more stringent than the subject ordinance requirements, the stricter requirements shall prevail in establishing the conditions of approval for a tree permit.

No provision of these Tree Protection Regulations shall be interpreted as permitting or requiring any violation of law, or any lawful rules or regulations or orders of an authorized governmental agency. Regulations of other agencies and jurisdictions that should be considered in the administration of the Tree Protection Regulations are referred to in the Tree Protection Guidelines, as adopted and as may be amended by the Ventura County Board of Supervisors.

(Am. Ord. 4092—6/27/95; Am. Ord. 4328—9/13/05)

8107-25.4 - Exemptions.

The alteration, felling, or removal of a Protected Tree by a person is exempt from the provisions of Sec. 8107-25 et seq. when such tree is:

(Am. Ord. 4092—6/27/95)

a.

Planted, grown, or held for sale by lawfully established nurseries and tree farms or removed from, or transplanted from, such a nursery as part of its operation.

b.

Located and planted in a tree row presently serving commercial agriculture.

c.

Planted, grown, and presently harvested for commercial agricultural purposes, or removed from, or transplanted from, a ranch or farm as part of its operation. This does not include the managed production of protected trees or the transplanting or harvesting of naturally growing protected trees or their limbs.

8107-25.5 - Minimum requirements for tree alteration, felling or removal without a tree permit.

Except as provided in Sec. 8107-25.4, the alteration, felling or removal of Protected Trees may occur without a Tree Permit under the following circumstances, and in accordance with the following standards. Said alterations shall be performed by the property owner or resident with the owner's consent, or by a qualified tree trimmer. For all the following trimming and pruning, ISA standards shall be used and in all such cases climbing spurs shall not be used:

(Am. Ord. 4092—6/27/95)

a.

Cases of emergency where the Planning Director or his designee, or any employee of a government authority or special district, in the performance of his or her duties determines that a tree or its limbs pose an imminent threat to the public safety or general welfare or the health of the tree. If conditions and circumstances allow, the public official shall consult with the Planning Director or designee prior to ordering the trimming, felling, or removal of any Protected Tree for the above reasons. Subsequent to the emergency action, copies of the work orders or reports will be provided to the Planning Director within 30 days, describing the action taken and the nature of the emergency.

(Am. Ord. 4092—6/27/95)

b.

Pruning and trimming of any size dead limb or root tissue.

c.

Pruning and trimming of living limbs and roots, each of which is less than 20% of the tree trunk's girth, provided such trimming does not endanger the life of the tree, result in an imbalance in structure, or remove more than 20% of its canopy or the root system.

(Am. Ord. 4092—6/27/95)

d.

Pruning and trimming living limbs which exceed the size set forth in "c" above provided such alteration is justified in writing by a qualified tree consultant, and is intended to promote the health of the tree.

(Add Ord. 4092—6/27/95)

e.

Pruning and trimming living limbs and roots each of which exceeds the size set forth in "c" above by a Public Utility Company or its contractors for the purpose of protecting the public and maintaining adequate clearance from public utility conduits and facilities.

(Am. Ord. 4092—6/27/95)

f.

Pruning and trimming living limbs and roots each of which exceeds the size set forth in "c" above by the Ventura County Public Works Agency or its contractors for the purpose of:

(Am. Ord. 4092—6/27/95)

(1)

maintaining safety,

(2)

providing for the flow of vehicular and pedestrian traffic,

(3)

providing for the flow of flood waters in Flood Control rights-of-way, or

(4)

constructing and maintaining improvements within the public right-of-way.

g.

Pruning and trimming living limbs and roots each of which exceeds the size set forth in "c" above by any park or school district, or the Ventura County General Services Agency or its contractors, for the purpose of maintaining safety or improving structural integrity or balance of trees on County, school, or park district properties.

(Am. Ord. 4092—6/27/95)

h.

Pruning and trimming living limbs and roots each of which exceeds the size set forth in "c" above by the Ventura County Fire Protection District and its contractors for the purpose of providing fire protection when said District determines there is no reasonable alternative.

(Am. Ord. 4092—6/27/95)

i.

Pruning and trimming of living limbs and roots for non-commercial purposes or for any commercial agricultural operation on lots less than ten (10) acres zoned R-A or R-E for any reason not specified in "a" through "g" above, shall be conducted or supervised by a qualified tree consultant.

(Am. Ord. 4092—6/27/95)

j.

Pruning and trimming living limbs and roots for necessary agricultural operations, which exceed the size set forth in "c" above of protected trees located on land zoned A-E, O-S or T-P. Such pruning for necessary agricultural operations in the R-A or R-E zones is allowed only if a minimum of ten acres is used for commercial agricultural purposes.

k.

The felling or removal of five (5) or fewer Protected Trees in any 12 consecutive month period beginning with the date of the first tree removal for necessary agricultural operations, or the expansion of existing or establishment of new commercial agriculture on land under the same contiguous ownership provided that:

(Am. Ord. 4092—6/27/95)

(1)

The land is zoned A-E, O-S or T-P, and

(2)

The trees to be removed are not classified as heritage or historical,

(3)

There is a farm plan for any expansion or establishment of new commercial agriculture, and

(4)

Records are kept of the dates that any protected trees are removed and such records or summaries thereof are submitted to the Planning Director.

l.

The removal of any naturally fallen trees and/or the felling and subsequent removal of standing, certifiably dead, trees. Certification by a qualified tree consultant or objective data confirming that a standing tree is dead shall be submitted to the Planning Director upon his request.

(Am. Ord. 4092—6/27/95)

8107-25.6 - Ministerial tree permits and standards.

The Planning Director shall approve a Ministerial Tree Permit if the application is complete, the applicable fee has been paid, and all applicable certifications have been provided. Such certification must be based on at least one of the situations outlined in the following subsections, must indicate which of those subsections is being referred to, and must state that the recommended alteration is the only reasonable and appropriate alternative action. In lieu of a certified statement by a qualified tree consultant, an applicant may submit objective data such as photographs which allows the Planning Director to make the required determination.

Tree alteration shall be performed by the property owner or resident with consent of owner, or, by a qualified tree trimmer. The Planning Director shall impose standard conditions to ensure only the approved trees are altered, felled, or removed such as tree tagging and protective fencing for remaining trees. Alteration shall only occur in accordance with ISA standards.

Except as provided in Sections 8107-25.4, 8107-25.5, or 8107-25.7, no person shall alter, fell, or remove a Protected Tree without obtaining a ministerial tree permit for the following circumstances:

a.

The tree poses a significant threat to people, lawfully established structures or other trees because of such factors as: its continued growth; its probable collapse in the near future; or its potential to spread disease or pests; as determined and certified by a qualified tree consultant.

b.

The tree interferes with public utility facilities as certified by the tree maintenance supervisor for the utility, in consultation and concurrence with a qualified tree consultant.

c.

The tree interferes with the public safety or traffic line of sight or emergency vehicle movement as certified by a traffic engineer of the Ventura County Public Works Agency in consultation with a qualified tree consultant.

d.

The tree interferes with private sewer lines as certified by a plumbing contractor or other person doing the plumbing work and there is no alternative to removing the tree or altering roots or other elements of the tree as certified by a qualified tree consultant.

e.

Alteration, felling, or removal is necessary to construct improvements within the public right-of-way or within a flood control or other public utility right-of-way, as certified by a Registered Civil Engineer of the State of California in consultation and concurrence with a qualified tree consultant.

f.

The tree constitutes a public safety hazard as certified by a supervisor from any park or school district, County General Services Agency, or Fire Protection District in consultation with a qualified tree consultant.

g.

The trees to be felled and/or removed number six to ten (10) Protected Trees in any twelve (12) consecutive month period beginning with the date of the first tree removal, and their removal is required for necessary agricultural operations, or the expansion of existing or establishment of a new commercial agriculture on land under the same contiguous ownership provided that:

(1)

The land is zoned A-E, O-S or T-P, and

(2)

The trees to be removed are not classified as historical, and

(3)

A farm plan has been prepared for any proposed expansion of existing or establishment of new commercial agriculture, and

(4)

Records are kept of the dates that any protected trees are removed and such records or summaries thereof are submitted to the Planning Director.

h.

The trees to be felled and/or removed number eleven (11) to twenty-five (25) Protected Trees in any twelve (12) consecutive month period beginning with the date of the first tree removal, and their removal is required for necessary agricultural operations, or the expansion of existing or establishment of new commercial agriculture from land under the same contiguous ownership provided that:

(1)

The land is zoned A-E, O-S or T-P, and

(2)

The trees to be felled and/or removed are not classified as historical, and

(3)

A farm plan has been prepared for any proposed expansion of existing or establishment of new commercial agriculture, and

(4)

Records are kept of the dates that any protected trees are felled and/or removed and such records are submitted to the Planning Director, and

(5)

A field inspection by the Planning Director or designee has occurred.

i.

The tree(s) in its present form and/or location denies reasonable access to the subject property and/or the construction, maintenance, or use of the property in a manner permitted by zoning on the said property. No more than five protected trees may be cumulatively felled or removed from the subject property for this purpose, and no more than three of the five trees may be oak or sycamore trees and none of them may be "historical" or "heritage" trees. Trees may also be altered as necessary for this same purpose.

j.

The tree to be felled and/or removed is an "Introduced Protected Tree" located in the public easement or on public property, and permission to remove it has been granted pursuant to County Ordinance Code No. 2041 relating to Encroachments on County

Highways and as it may be amended.

k.

The tree to be felled and/or removed is an "Introduced Protected Tree," as certified by a qualified tree consultant, and is located on private property.

(Am. Ord. 4092—6/27/95; Am. Ord. 4328—9/13/05)

8107-25.7 - Discretionary tree permits and standards.

Except as provided in Sections 8107-25.4, 8107-25.5 or 8107-25.6, no person shall alter, fell, or remove a Protected Tree without obtaining a Planning Director approved discretionary Tree Permit. The Planning Director may approve a discretionary Tree Permit application with necessary conditions to promote the purpose of these tree ordinance regulations if:

8107-25.7.1 - a. A heritage or historical tree is to be felled or removed from the site and its continued existence in its present form and/or location denies reasonable access to the subject property and/or the approved construction, maintenance, or use in a manner permitted by the zoning on said property.

b.

The cumulative number of trees to be felled or removed from the site number four or more oak or sycamore trees and their continued existence in their present form and/or location denies reasonable access to the subject property and/or the approved construction, maintenance, or use in a manner permitted by the zoning on said property.

c.

The cumulative number of trees to be felled or removed from the site number six or more protected trees (not listed in subsections a or b of this Section), and their continued existence in their present form and/or location denies reasonable access to the subject property and/or the approved construction, maintenance, or use in a manner permitted by the zoning on said property.

(Am. Ord. 4328—9/13/05)

8107-25.7.2 - The alteration, felling, and/or removal of trees is to further commercial agricultural purposes and all of the following applicable standards can be met:

a.

There is a farm plan for any proposed expansion of existing or establishment of new commercial agriculture.

b.

The proposed agricultural activities are consistent with proper and accepted customs and standards as established and followed by similar agricultural operations in the County and as set forth in the adopted "Tree Protection Guidelines."

c.

The Planning Director determines that, on balance, the proposed agricultural activities, which include Protected Tree alteration, would result in benefits to the public which outweigh the residual negative effects of tree alteration after mitigating permit conditions are imposed.

(Am. Ord. 4092—6/27/95; Am. Ord. 4328—9/13/05)

8107-25.7.3 - The tree alteration, felling, and/or removal, is to further timber growing and harvesting, is not regulated by the California Forest Practices Act, and all of the following applicable standards can be met:

a.

There is a Forest Resource Management Plan prepared by a registered professional forester (RPF) which is intended to improve or enhance forest resources.

b.

The above Plan establishes a "sustainable yield" for the property and a program to maintain it.

c.

The proposed timber harvesting activities are consistent with proper and accepted customs and standards as established and followed by similar sustaining yield operations and as may be set forth in the adopted Tree Protection Guidelines.

d.

The Planning Director determines that, on balance, the proposed activities, which include Protected Tree alteration, felling and/or removal would result in benefits to the public which outweigh the residual negative effects on the tree(s) after mitigating permit conditions are imposed.

(Am. Ord. 4092—6/27/95; Am. Ord. 4328—9/13/05)

8107-25.7.4 - The tree alteration, felling, and/or removal is part of a larger project which, as conditioned, would on balance result in significant benefits to the public and if:

a.

Established public policy including General Plan policies would be advanced, or

b.

Resources of local, regional, or Statewide significance could be productively utilized, or

c.

The public benefits outweigh the unavoidable negative impacts associated with the removal of protected trees required by the project.

(Am. Ord. 4092—6/27/95; Am. Ord. 4328—9/13/05)

8107-25.7.5 - The Protected Tree has been recently altered or felled without the required permit and a person seeks to remove the tree, roots or limbs from the lot.

(Am. Ord. 4092—6/27/95; Am. Ord. 4328—9/13/05)

8107-25.8 - Tree permit applications and supporting information.

The application form and supporting information necessary to evaluate a request to alter, fell, or remove a Protected Tree shall be determined by the Planning Director and be in accordance with the Tree Protection Guidelines.

(Am. Ord. 4092—6/27/95)

8107-25.9 - Tree protection guidelines.

In granting a Tree Permit, the Planning Director shall utilize the adopted "Tree Protection Guidelines," as amended from time to time, in making a decision consistent with the purpose of the tree protection regulations and said Guidelines.

(Am. Ord. 4092—6/27/95)

8107-25.10 - Offsets for altered, felled, or removed trees.

Unless exempted herein, offsets shall be provided on a one-for-one basis for the following circumstances:

(Am. Ord. 4092—6/27/95)

a.

All discretionary tree permits pursuant to Sec. 8107-25.7.

b.

Where the alteration, felling, or removal of a tree(s) has taken place but cannot be retroactively legalized pursuant to provisions of the Tree Protection regulations.

(Add Ord. 4092—6/27/95)

8107-25.10.1 - Exemptions from offsets.

Trees removed and transplanted to a location acceptable to the Planning Director shall be exempted from "offset" requirements provided:

a.

The transplanted tree is properly cared for per industry standards; and

b.

The tree survives for a period of at least five years; and

c.

A compliance agreement has been entered into with the Planning Division to monitor (a) and (b) above.

(Am. Ord. 4092—6/27/95)

8107-25.10.2 - Tree offset standards.

Offsets shall be based on the "cross-sectional" area of the affected portions of the subject tree. The required offset is achieved when the Planning Director deems the selected offsets from among the alternatives referenced in the Tree Protection Guidelines equals the cross-sectional area of the affected portions of the tree(s) in question. In determining the offset obligation, the ISA valuation of a subject tree shall be calculated in accordance with the most current edition of the ISA "Guide for Plant Appraisal" as it applies to central Southern California.

(Am. Ord. 4092—6/27/95)

8107-25.11 - Appeals of tree permit decisions.

Within ten calendar days of the notice of decision, appeals may be made to the Ventura County Planning Commission upon filing of the proper form and payment of the appropriate fee. The decision of the Planning Commission shall be final and conclusive. There is no appeal to the Board of Supervisors for a tree permit decision under the provisions of Article 11.

8107-25.12 - Violations, enforcement procedures and penalties.

A violation of any provision of these Tree Protection Regulations or of any condition of a Tree Permit granted under authority of this ordinance, is a misdemeanor/infraction, as specified in Section 13-1 of the Ventura County Ordinance Code, and upon conviction thereof, shall be punishable as provided by Section 13-2 of the Ventura County Ordinance Code. In such cases, each tree altered, felled or removed in violation of this ordinance shall constitute a separate violation.

(Am. Ord. 4092—6/27/95)

A violation of the prohibitions of these Tree Protection Regulations, or of any condition of the Tree Permit granted under authority of this ordinance, is hereby declared to be a public nuisance as such violations constitute a destruction of a County natural resource. This ordinance shall be enforced by the Ventura County Planning Director applying those procedures set forth in Ventura County Ordinance Code Sections 8114-3 and 8114-4.

As an alternative to pursuing legal action, the Planning Director, at his/her sole discretion, may approve a compliance agreement between the confirmed violator and Ventura County. This agreement may include, but is not limited to, requirements to obtain the necessary tree permit(s), provide offsets for unauthorized and unpermitable losses due to alterations, fellings, or removals, and other mitigation measures to abate a specific violation of the tree protection regulations.

(Am. Ord. 4092—6/27/95)

8107-26 - Employee housing pursuant to state law.[3]

Footnotes: --- (3) ---

Editor's note— Ord. No. 4596, § 3, adopted March 1, 2022, repealed the former §§ 8107-26, 8107-26.1—8107-26.5, and enacted a new § 8107-26 as set out herein. The former § 8107-26 pertained to farmworker and animal caretaker dwelling units and derived from Ord. 4092, adopted June 27, 1995; Ord. 4123, adopted Sept. 17, 1996; Ord. 4215, adopted Oct. 24, 2000; and Ord. 4281, adopted May 6, 2003.

8107-26.1 - Purpose and application.

Health and Safety Code section 17000, et seq., known as the Employee Housing Act, includes regulations that require local jurisdictions to allow the development and use of employee housing. The purpose of this Section is to promote the development of, and to establish development standards for, employee housing consistent with state law. If any provision in this Chapter conflicts with the mandates of the Employee Housing Act as it relates to employee housing, the provisions of the Employee Housing Act shall govern.

(Ord. No. 4596, § 3, 3-1-2022)

8107-26.2 - Employee housing for six or fewer employees.

Employee housing that accommodates six (6) or fewer employees, pursuant to Health and Safety Code section 17021.5, shall be considered a single-family structure and residential use of property under this Chapter and is subject to the following:

a.

A lot with an existing single-family dwelling is not eligible for development of new employee housing with a zoning clearance for six (6) or fewer employees if applicable zoning does not allow two (2) single-family dwelling units on the subject lot.

b.

Employee housing for six (6) or fewer employees shall comply with the setback, lot coverage, height, and other development standards applicable to a single-family dwelling on the subject lot.

c.

No additional development standards other than those applicable to a single-family dwelling apply to an employee housing unit for six (6) or fewer employees.

d.

Use of a single-family dwelling for purposes of employee housing serving six (6) or fewer persons shall not constitute a change of occupancy for purposes of Health and Safety Code section 17910 et seq. (the State Housing Law) or local building codes.

e.

Within thirty (30) days after obtaining the appropriate permit from the California Department of Housing and Community Development (HCD) to operate the employee housing, and thereafter on an annual basis, the applicant shall submit evidence that the HCD permit for the employee housing is current and valid.

(Ord. No. 4596, § 3, 3-1-2022)

8107-26.3 - Agricultural employee housing.

All agricultural employee housing shall comply with the setback, building lot coverage, height, and other development standards applicable to the underlying zone in which it is located, and the following development standards, unless otherwise indicated in this